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HB-4082, As Passed Senate, September 20, 2005

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4082

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 310, 806, 809, and 810b (MCL 257.310, 257.806,

257.809, and 257.810b), section 310 as amended by 2004 PA 495,

section 806 as amended by 2003 PA 152, section 809 as amended by

1987 PA 238, and section 810b as amended by 2004 PA 52.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 310. (1) The secretary of state shall issue an operator's

license to each person licensed as an operator and a chauffeur's

license to each person licensed as a chauffeur. An applicant for a

motorcycle indorsement under section 312a or a vehicle group

designation or indorsement shall first qualify for an operator's or

chauffeur's license before the indorsement or vehicle group

designation application is accepted and processed. On and after

July 1, 2003, an original license or the first renewal of an

existing license issued to a person less than 21 years of age shall

be portrait or vertical in form and a license issued to a person 21

years of age or over shall be landscape or horizontal in form.

(2) The license issued under subsection (1) shall contain all

of the following information:

(a) The distinguishing number permanently assigned to the

licensee.

(b) The full name, date of birth, address of residence,

height, eye color, sex, image, and signature of the licensee.

indicate 1 or more of the following:

(i) The blood type of the licensee.

(ii) Immunization data of the licensee.

(iii) Medication data of the licensee.

(iv) A statement that the licensee is deaf.

(v) A Until January 1, 2007, a statement that the licensee

is an organ and tissue donor under part 101 of the public health

code, 1978 PA 368, MCL 333.10101 to 333.10109.

(vi) Emergency contact information of the licensee.

(vii) A sticker or decal as specified by the secretary of state

to indicate that the licensee has designated 1 or more patient

advocates in accordance with section 5506 of the estates and

protected individuals code, 1998 PA 386, MCL 700.5506, or a

statement that the licensee carries an emergency medical

information card.

(d) If Until January 1, 2007, if the licensee has made a

statement described in subdivision (c)(v), the signature of the

licensee following the indication of his or her organ and tissue

donor intent identified in subdivision (c)(v), along with the

signature of at least 1 witness.

~~(e) The sticker or decal described in subdivision (c)(~~~~vii~~~~) may~~

~~be provided by any person, hospital, school, medical group, or~~

~~association interested in assisting in implementing the emergency~~

~~medical information card, but shall meet the specifications of the~~

~~secretary of state. The emergency medical information card may~~

~~contain the information described in subdivision (c)(~~vi),

~~information concerning the licensee's patient advocate designation,~~

~~other emergency medical information, or an indication as to where~~

~~the licensee has stored or registered emergency medical~~

~~information.~~

(e) ~~(f) Beginning~~ ~~July 1, 2003, in~~ In the case of a licensee

who is less than 18 years of age at the time of issuance of the

license, the date on which the licensee will become 18 years of age

and 21 years of age.

(f) ~~(g) Beginning~~ ~~July 1, 2003, in~~ In the case of a licensee

who is at least 18 years of age but less than 21 years of age at

the time of issuance of the license, the date on which the licensee

will become 21 years of age.

(g) Beginning January 1, 2007, in the case of a licensee who

has indicated his or her wish to participate in the organ and

tissue donor registry under part 101 of the public health code,

1978 PA 368, MCL 333.10101 to 333.10109, a heart insignia on the

front of the license.

(3) Except as otherwise required in under this chapter,

other information required on the license pursuant to this chapter

may appear on the license in a form prescribed by the secretary of

state.

(4) The license shall not contain a fingerprint or finger

image of the licensee.

(5) A digitized license may contain an identifier for voter

registration purposes. The digitized license may contain

information appearing in electronic or machine readable codes

needed to conduct a transaction with the secretary of state. The

information shall be limited to the person's driver license number,

birth date, license expiration date, and other information

necessary for use with electronic devices, machine readers, or

automatic teller machines and shall not contain the person's name,

address, driving record, or other personal identifier. The license

shall identify the encoded information.

(6) The license shall be manufactured in a manner to prohibit

as nearly as possible the ability to reproduce, alter, counterfeit,

forge, or duplicate the license without ready detection. In

addition, a license with a vehicle group designation shall contain

the information required under 49 CFR part 383.

(7) A Except as provided in subsection (11), a person who

intentionally reproduces, alters, counterfeits, forges, or

duplicates a license photograph, the negative of the photograph,

image, license, or electronic data contained on a license or a part

of a license or who uses a license, image, or photograph that has

been reproduced, altered, counterfeited, forged, or duplicated is

subject to 1 of the following:

(a) If the intent of the reproduction, alteration,

counterfeiting, forging, duplication, or use is to commit or aid in

the commission of an offense that is a felony punishable by

imprisonment for 10 or more years, the person committing the

reproduction, alteration, counterfeiting, forging, duplication, or

use is guilty of a felony, punishable by imprisonment for not more

than 10 years or a fine of not more than $20,000.00, or both.

(b) If the intent of the reproduction, alteration,

counterfeiting, forging, duplication, or use is to commit or aid in

the commission of an offense that is a felony punishable by

imprisonment for less than 10 years or a misdemeanor punishable by

imprisonment for 6 months or more, the person committing the

reproduction, alteration, counterfeiting, forging, duplication, or

use is guilty of a felony, punishable by imprisonment for not more

than 5 years, or a fine of not more than $10,000.00, or both.

counterfeiting, forging, duplication, or use is to commit or aid in

the commission of an offense that is a misdemeanor punishable by

imprisonment for less than 6 months, the person committing the

reproduction, alteration, counterfeiting, forging, duplication, or

use is guilty of a misdemeanor punishable by imprisonment for not

more than 1 year or a fine of not more than $2,000.00, or both.

(8) Except as provided in ~~subsection~~ subsections (11) and

(16), a person who sells, or who possesses with the intent to

deliver to another, a reproduced, altered, counterfeited, forged,

or duplicated license photograph, negative of the photograph,

image, license, or electronic data contained on a license or part

of a license is guilty of a felony punishable by imprisonment for

not more than 5 years or a fine of not more than $10,000.00, or

both.

(9) Except as provided in ~~subsection~~ subsections (11) and

(16), a person who is in possession of 2 or more reproduced,

altered, counterfeited, forged, or duplicated license photographs,

negatives of the photograph, images, licenses, or electronic data

contained on a license or part of a license is guilty of a felony

punishable by imprisonment for not more than 5 years or a fine of

not more than $10,000.00, or both.

(10) Except as provided in subsection (16), a person who is in

possession of a reproduced, altered, counterfeited, forged, or

duplicated license photograph, negative of the photograph, image,

license, or electronic data contained on a license or part of a

license is guilty of a misdemeanor punishable by imprisonment for

not more than 1 year or a fine of not more than $2,000.00, or both.

(11) Subsections (7)(a) and (b), (8), and (9) do not apply to

a minor whose intent is to violate section 703 of the Michigan

liquor control code of 1998, 1998 PA 58, MCL 436.1703.

(12) The secretary of state, upon determining after an

examination that an applicant is mentally and physically qualified

to receive a license, may issue the applicant a temporary driver's

permit. The temporary driver's permit entitles the applicant, while

having the permit in his or her immediate possession, to drive a

motor vehicle upon the highway for a period not exceeding 60 days

before the secretary of state has issued the applicant an

operator's or chauffeur's license. The secretary of state may

establish a longer duration for the validity of a temporary

driver's permit if necessary to accommodate the process of

obtaining a background check that is required for an applicant by

federal law.

(13) An operator or chauffeur may indicate on the license in a

place designated by the secretary of state his or her blood type,

emergency contact information, immunization data, medication data,

or a statement that the licensee is deaf, or, until January 1,

2007, a statement that the licensee is an organ and tissue donor

and has made an anatomical gift ~~pursuant to~~ under part 101 of the

public health code, 1978 PA 368, MCL 333.10101 to 333.10109.

(14) An operator or chauffeur may indicate on the license in a

place designated by the secretary of state that he or she has

designated a patient advocate in accordance with sections 5506 to

5513 of the estates and protected individuals code, 1998 PA 386,

MCL 700.5506 to 700.5513.

(15) If the applicant provides proof to the secretary of state

that he or she is a minor who has been emancipated ~~pursuant to~~

under 1968 PA 293, MCL 722.1 to 722.6, the license shall bear the

designation of the individual's emancipated status in a manner

prescribed by the secretary of state.

(16) Subsections (8), (9), and (10) do not apply to a person

who is in possession of 1 or more photocopies, reproductions, or

duplications of a license to document the identity of the licensee

for a legitimate business purpose.

(17) The sticker or decal described in subsection (2)(c)(vii)

may be provided by any person, hospital, school, medical group, or

association interested in assisting in implementing the emergency

medical information card, but shall meet the specifications of the

secretary of state. The emergency medical information card may

contain the information described in subsection (2)(c)(vi),

information concerning the licensee's patient advocate designation,

other emergency medical information, or an indication as to where

the licensee has stored or registered emergency medical

information.

(18) Beginning January 1, 2007, the secretary of state shall

inquire of each licensee, in person or by mail, whether the

licensee agrees to participate in the organ, tissue, and eye donor

registry under part 101 of the public health code, 1978 PA 368, MCL

333.10101 to 333.10109.

(19) A licensee who has agreed to participate in the organ,

tissue, and eye donor registry under part 101 of the public health

code, 1978 PA 368, MCL 333.10101 to 333.10109, shall not be

considered to have revoked that agreement solely because the

licensee's license has been revoked or suspended or has expired.

Enrollment in the organ, tissue, and eye donor registry constitutes

a legal agreement that remains binding and in effect after the

donor's death regardless of the expressed desires of the deceased

donor's next of kin who may oppose the donor's organ, tissue, or

eye donation.

Sec. 806. (1) Until October 1, 2009, a fee of $10.00 shall

accompany each application for a certificate of title required by

this act or for a duplicate of a certificate of title. An

additional fee of $5.00 shall accompany an application if the

applicant requests that the application be given special

expeditious treatment. A $3.00 service fee shall be collected, in

addition to the other fees collected under this subsection, for

each title issued. The $5.00 expeditious treatment fee collected on

and after October 1, 2004 through September 30, 2005 shall be

deposited into the transportation administration collection fund

created under section 810b. The $5.00 expeditious treatment fee

collected on and after October 1, 2005 shall be deposited into the

Michigan transportation fund established under section 10 of 1951

PA 51, MCL 247.660. The $3.00 service fee shall be deposited into

the transportation administration collection fund created under

section 810b.

(2) A fee of $10.00 shall accompany an application for a

special identifying number as provided in section 230.

(3) In addition to paying the fees required by subsection (1),

until December 31, 2007, each person who applies for a certificate

of title, a salvage vehicle certificate of title, or a scrap

certificate of title, under this act shall pay a tire disposal

surcharge of $1.50 for each certificate of title or duplicate of a

certificate of title that person receives. The secretary of state

shall deposit money received under this subsection into the scrap

tire regulatory fund created in section 16908 of the natural

resources and environmental protection act, 1994 PA 451, MCL

324.16908.

Sec. 809. (1) An application for transfer of registration from

a vehicle subject to section 801(1)(a) to another vehicle subject

to that section shall be accompanied by a fee of $8.00. In addition

to the fee of $8.00, if the registration is transferred from a

passenger vehicle to a motor home and if the registration fee for

the motor home is greater than the fee paid upon registration of

the vehicle from which the registration was removed, then the

difference in fee shall be paid by the applicant. If the fee is

less than that paid for the registration of the vehicle from which

the plates were removed, the difference shall not be refunded. The

fees required by this subsection shall be considered to include all

fees or charges imposed by this act for the transfer of

registration, except those which may be assessed by under section

234.

(2) An application for a transfer of registration, other than

a transfer described in subsection (1), shall be accompanied by a

fee of $8.00. In addition to the fee of $8.00, if the registration

plates are transferred to another vehicle, as provided in section

233, and if the plate fee for a 12-month registration for the

vehicle to which the registration is transferred is greater than

the plate fee paid upon registration of the vehicle from which the

registration was removed, then the difference shall be paid by the

applicant for the new registration. If the fee is less than that

paid for registration of the vehicle from which the registration

was removed, the difference shall not be refunded.

(3) A transfer of registration fee collected under this

House Bill No. 4082 as amended September 20, 2005

section on and after October 1, 2004 through September 30, <<2006>>

shall be deposited into the transportation administration

collection fund created under section 810b. A transfer of

registration fee collected under this section on and after October

1, <<2006>> shall be deposited into the Michigan transportation fund

established under section 10 of 1951 PA 51, MCL 247.660.

Sec. 810b. (1) The transportation administration collection

fund is created within the state treasury.

(2) The state treasurer may receive money from the collections

authorized under this act for deposit into the fund. The state

treasurer shall direct the investment of the fund. The state

treasurer shall credit to the fund interest and earnings from fund

investments.

(3) Money in the fund at the close of the fiscal year shall

not lapse into the Michigan transportation fund.

(4) ~~The~~ Upon appropriation, the department of state shall

expend money from the fund ~~, upon appropriation,~~ that is credited

to the fund from revenue collected under sections 801 to 810 of the

Michigan vehicle code, 1949 PA 300, MCL 257.801 to 257.810, only to

pay the necessary collection expenses incurred by the department of

state in the administration and enforcement of sections 801 to 810

of the Michigan vehicle code, 1949 PA 300, MCL 257.801 to 257.810.

(5) The department of treasury shall expend money in the

fund, upon appropriation, only to defray the costs of collecting

motor fuel taxes.

Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 93rd Legislature are