SB-0712, As Passed House, March 5, 2008

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 712

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 307 and 310 (MCL 257.307 and 257.310), as

amended by 2008 PA 7.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 307. (1) If an applicant for an operator's license or

2 chauffeur's license is a citizen of the United States, the

3 applicant shall supply a photographic identity document, a birth

4 certificate, or other sufficient documents as the secretary of

5 state may require to verify the identity and citizenship of the

6 applicant. If an applicant for an operator's or chauffeur's

7 license is not a citizen of the United States, the applicant

8 shall supply a photographic identity document and other

1 sufficient documents to verify the identity of the applicant and

2 the applicant's legal presence in the United States under

3 subdivision (b). The documents required under this subsection

4 shall include the applicant's full legal name, date of birth, and

5 address and residency and demonstrate that the applicant is a

6 citizen of the United States or is legally present in the United

7 States. If the applicant's full legal name differs from the name

8 of the applicant that appears on a document presented under this

9 subsection, the applicant shall present documents to verify his

10 or her current full legal name. An application for an operator's

11 or chauffeur's license shall be made in a manner prescribed by

12 the secretary of state and shall contain all of the following:

13 (a) The applicant's full legal name, date of birth,

14 residence address, height, sex, eye color, signature, ~~and,~~

15 ~~beginning January 1, 2007,~~ intent to ~~be an organ donor~~ make an

16 anatomical gift, other information required or permitted on the

17 license under this chapter, and, only to the extent required to

18 comply with federal law, the applicant's social security number.

19 The applicant may provide a mailing address if the applicant

20 receives mail at an address different from his or her residence

21 address.

22 (b) If the applicant is not a citizen of the United States,

23 the applicant shall provide documents demonstrating his or her

24 legal presence in the United States. A person legally present in

25 the United States includes, but is not limited to, a person

26 authorized by the United States government for employment in the

27 United States, a person with nonimmigrant status authorized under

1 federal law, and a person who is the beneficiary of an approved

2 immigrant visa petition or an approved labor certification. The

3 secretary of state shall adopt rules under the administrative

4 procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, as are

5 necessary for the administration of this subdivision. A

6 determination by the secretary of state that an applicant is not

7 legally present in the United States may be appealed under

8 section 631 of the revised judicature act of 1961, 1961 PA 236,

9 MCL 600.631.

10 (c) The following notice shall be included to inform the

11 applicant that under sections 509o and 509r of the Michigan

12 election law, 1954 PA 116, MCL 168.509o and 168.509r, the

13 secretary of state is required to use the residence address

14 provided on this application as the applicant's residence address

15 on the qualified voter file for voter registration and voting:

16 "NOTICE: Michigan law requires that the same address

17 be used for voter registration and driver license

18 purposes. Therefore, if the residence address

19 you provide in this application differs from your

20 voter registration address as it appears on the

21 qualified voter file, the secretary of state

22 will automatically change your voter registration

23 to match the residence address on this application,

24 after which your voter registration at your former

25 address will no longer be valid for voting purposes.

26 A new voter registration card, containing the

27 information of your polling place, will be provided

28 to you by the clerk of the jurisdiction where your

1 residence address is located.".

2 (d) For an original or renewal operator's or chauffeur's

3 license with a vehicle group designation or indorsement, the

4 names of all states where the applicant has been licensed to

5 drive any type of motor vehicle during the previous 10 years.

6 (e) For an operator's or chauffeur's license with a vehicle

7 group designation or indorsement, the following certifications by

8 the applicant:

9 (i) The applicant meets the applicable federal driver

10 qualification requirements under 49 CFR part 391 if the applicant

11 operates or intends to operate in interstate commerce or meets

12 the applicable qualifications of the department of state police

13 under the motor carrier safety act of 1963, 1963 PA 181, MCL

14 480.11 to 480.25, if the applicant operates or intends to operate

15 in intrastate commerce.

16 (ii) The vehicle in which the applicant will take the driving

17 skills tests is representative of the type of vehicle the

18 applicant operates or intends to operate.

19 (iii) The applicant is not subject to disqualification by the

20 United States secretary of transportation, or a suspension,

21 revocation, or cancellation under any state law for conviction of

22 an offense described in section 312f or 319b.

23 (iv) The applicant does not have a driver's license from more

24 than 1 state or jurisdiction.

25 (f) An applicant for an operator's or chauffeur's license

26 with a vehicle group designation and a hazardous material

1 indorsement shall provide his or her fingerprints as prescribed

2 by state and federal law.

3 (2) An applicant for an operator's or chauffeur's license

4 may have his or her image and signature captured or reproduced

5 when the application for the license is made. The secretary of

6 state shall acquire equipment purchased or leased under this

7 section under standard purchasing procedures of the department of

8 management and budget based on standards and specifications

9 established by the secretary of state. The secretary of state

10 shall not purchase or lease equipment until an appropriation for

11 the equipment has been made by the legislature. A digital

12 photographic image and signature captured under this section

13 shall appear on the applicant's operator's license or chauffeur's

14 license. A person's digital photographic image shall be used as

15 follows:

16 (a) By a federal, state, or local governmental agency for a

17 law enforcement purpose authorized by law.

18 (b) By the secretary of state for a use specifically

19 authorized by law.

20 (c) By the secretary of state for forwarding to the

21 department of state police the images to persons required to be

22 registered under the sex offenders registration act, 1994 PA 295,

23 MCL ~~28.271~~ 28.721 to ~~28.726~~ 28.736, upon the department of state

24 police providing the secretary of state an updated list of the

25 names of those persons.

26 (d) As necessary to comply with a law of this state or of

27 the United States.

1 (3) An application shall contain a signature or verification

2 and certification by the applicant, as determined by the

3 secretary of state, and shall be accompanied by the proper fee.

4 The secretary of state shall collect the application fee with the

5 application. The secretary of state shall refund the application

6 fee to the applicant if the license applied for is denied, but

7 shall not refund the fee to an applicant who fails to complete

8 the examination requirements of the secretary of state within 90

9 days after the date of application for a license.

10 (4) In conjunction with the application for ~~or, until~~

11 ~~January 1, 2007, the issuance of~~ an operator's license or

12 chauffeur's license, the secretary of state shall do all of the

13 following:

14 (a) Provide the applicant with all of the following:

15 (i) Information explaining the applicant's right to make an

16 anatomical gift in the event of death in accordance with section

17 310.

18 (ii) Information describing the ~~organ, tissue, and eye~~

19 anatomical gift donor registry program under part 101 of the

20 public health code, 1978 PA 368, MCL 333.10101 to 333.10123. The

21 information required under this subparagraph includes the address

22 and telephone number of Michigan's federally designated organ

23 procurement organization or its successor organization as defined

24 in section 10102 of the public health code, 1978 PA 368, MCL

25 333.10102.

26 (iii) Information giving the applicant the opportunity to be

27 placed on the donor registry described in subparagraph (ii).

1 (b) Provide the applicant with the opportunity to specify on

2 his or her operator's or chauffeur's license that he or she is

3 willing to make an anatomical gift in the event of death in

4 accordance with section 310.

5 (c) Inform the applicant that, if he or she indicates to the

6 secretary of state under this section a willingness to have his

7 or her name placed on the donor registry described in subdivision

8 (a)(ii), the secretary of state will mark the applicant's record

9 for the donor registry.

10 (d) Provide the applicant with the opportunity to make a

11 donation of $1.00 or more to the organ and tissue donation

12 education fund created under section 217o. A donation made under

13 this subdivision shall be deposited in the state treasury to the

14 credit of the organ and tissue donation education fund.

15 (5) The secretary of state may fulfill the requirements of

16 subsection (4) by 1 or more of the following methods:

17 (a) Providing printed material enclosed with a mailed notice

18 for an operator's or chauffeur's license renewal or the issuance

19 of an operator's or chauffeur's license.

20 (b) Providing printed material to an applicant who

21 personally appears at a secretary of state branch office.

22 (c) Through electronic information transmittals for

23 operator's and chauffeur's licenses processed by electronic

24 means.

25 (6) ~~Until January 1, 2007, if an applicant indicates a~~

26 ~~willingness under this section to have his or her name placed on~~

27 ~~the organ donor registry described in subsection (4)(a)(~~ii~~), the~~

1 ~~secretary of state shall within 10 days forward the applicant's~~

2 ~~name, and address, and date of birth to the organ donor registry~~

3 ~~maintained by Michigan's federally designated organ procurement~~

4 ~~organization or its successor organization. The secretary of~~

5 ~~state may forward information under this subsection by mail or by~~

6 ~~electronic means. The secretary of state shall not maintain a~~

7 ~~record of the name or address of an individual who indicates a~~

8 ~~willingness to have his or her name placed on the organ donor~~

9 ~~registry after forwarding that information to the organ donor~~

10 ~~registry under this subsection. Information about an applicant's~~

11 ~~indication of a willingness to have his or her name placed on the~~

12 ~~organ donor registry that is obtained by the secretary of state~~

13 ~~under subsection (4) and forwarded under this subsection is~~

14 ~~exempt from disclosure under section 13(1)(d) of the freedom of~~

15 ~~information act, 1976 PA 442, MCL 15.243. Beginning January 1,~~

16 ~~2007, the~~ The secretary of state shall maintain a record of an

17 individual who indicates a willingness to have his or her name

18 placed on the donor registry described in subsection (4)(a)(ii).

19 Information about an applicant's indication of a willingness to

20 have his or her name placed on the donor registry that is

21 obtained by the secretary of state under subsection (4) and

22 forwarded under subsection (14) is exempt from disclosure under

23 section 13(1)(d) of the freedom of information act, 1976 PA 442,

24 MCL 15.243.

25 (7) If an application is received from a person previously

26 licensed in another jurisdiction, the secretary of state shall

27 request a copy of the applicant's driving record and other

1 available information from the national driver register. When

2 received, the driving record and other available information

3 become a part of the driver's record in this state.

4 (8) If an application is received for an original, renewal,

5 or upgrade of a vehicle group designation or indorsement, the

6 secretary of state shall request the person's complete driving

7 record from all states where the applicant was previously

8 licensed to drive any type of motor vehicle over the last 10

9 years before issuing a vehicle group designation or indorsement

10 to the applicant. If the applicant does not hold a valid

11 commercial motor vehicle driver license from a state where he or

12 she was licensed in the last 10 years, this complete driving

13 record request must be made not earlier than 24 hours before the

14 secretary of state issues the applicant a vehicle group

15 designation or indorsement. For all other drivers, this request

16 must be made not earlier than 10 days before the secretary of

17 state issues the applicant a vehicle group designation or

18 indorsement. The secretary of state shall also check the

19 applicant's driving record with the national driver register and

20 the federal commercial driver license information system before

21 issuing that group designation or indorsement. If the application

22 is for the renewal of a vehicle group designation or indorsement,

23 and if the secretary of state enters on the person's historical

24 driving record maintained under section 204a a notation that the

25 request was made and the date of the request, the secretary of

26 state is required to request the applicant's complete driving

27 record from other states only once under this section.

1 (9) Except for a vehicle group designation or indorsement or

2 as provided in this subsection or section 314(5), the secretary

3 of state may issue a renewal operator's or chauffeur's license

4 for 1 additional 4-year period or until the person is no longer

5 determined to be legally present under section 307 by mail or by

6 other methods prescribed by the secretary of state. The secretary

7 of state may check the applicant's driving record through the

8 national driver register and the commercial driver license

9 information system before issuing a license under this section.

10 The secretary of state shall issue a renewal license only in

11 person if the person is a person required under section 5a of the

12 sex offenders registration act, 1994 PA 295, MCL 28.725a, to

13 maintain a valid operator's or chauffeur's license or official

14 state personal identification card. If a license is renewed by

15 mail or by other method, the secretary of state shall issue

16 evidence of renewal to indicate the date the license expires in

17 the future. The department of state police shall provide to the

18 secretary of state updated lists of persons required under

19 section 5a of the sex offenders registration act, 1994 PA 295,

20 MCL 28.725a, to maintain a valid operator's or chauffeur's

21 license or official state personal identification card.

22 (10) Upon request, the secretary of state shall provide an

23 information manual to an applicant explaining how to obtain a

24 vehicle group designation or indorsement. The manual shall

25 contain the information required under 49 CFR part 383.

26 (11) The secretary of state shall not disclose a social

27 security number obtained under subsection (1) to another person

1 except for use for 1 or more of the following purposes:

2 (a) Compliance with 49 USC 31301 to 31317 and regulations

3 and state law and rules related to this chapter.

4 (b) To carry out the purposes of section ~~666(a)~~ 466(a) of

5 the social security act, 42 USC 666, in connection with matters

6 relating to paternity, child support, or overdue child support.

7 (c) To check an applicant's driving record through the

8 national driver register and the commercial driver license

9 information system when issuing a license under this act.

10 (d) With the department of community health, for comparison

11 with vital records maintained by the department of community

12 health under part 28 of the public health code, 1978 PA 368, MCL

13 333.2801 to 333.2899.

14 (e) As otherwise required by law.

15 (12) The secretary of state shall not display a person's

16 social security number on the person's operator's or chauffeur's

17 license.

18 (13) A requirement under this section to include a social

19 security number on an application does not apply to an applicant

20 who demonstrates he or she is exempt under law from obtaining a

21 social security number.

22 (14) ~~The~~ As required in section 10120 of the public health

23 code, 1978 PA 368, MCL 333.10120, the secretary of state shall

24 maintain the ~~organ, tissue, and eye~~ donor registry in a manner

25 that provides electronic access, including, but not limited to,

26 the transfer of data to this state's federally designated organ

27 procurement ~~organizations, their~~ organization or its successor

1 ~~organizations, and~~ organization, tissue banks, and eye banks,

2 ~~with limitations on the use of and access to the donor registry~~

3 ~~as determined by the secretary of state~~ in a manner that complies

4 with that section.

5 (15) The secretary of state, with the approval of the state

6 administrative board created under 1921 PA 2, MCL 17.1 to 17.3,

7 may enter into agreements with the United States government to

8 verify whether an applicant for an operator's license or a

9 chauffeur's license under this section who is not a citizen of

10 the United States is authorized under federal law to be present

11 in the United States.

12 (16) The secretary of state shall not issue an operator's

13 license or a chauffeur's license to a person holding an

14 operator's license or chauffeur's license issued by another state

15 without confirmation that the person is terminating or has

16 terminated the operator's license or chauffeur's license issued

17 by the other state.

18 (17) The secretary of state shall do all of the following:

19 (a) Ensure the physical security of locations where

20 operator's licenses and chauffeur's licenses are produced and the

21 security of document materials and papers from which operator's

22 licenses and chauffeur's licenses are produced.

23 (b) Subject all persons authorized to manufacture or produce

24 operator's licenses or chauffeur's licenses and all persons who

25 have the ability to affect the identity information that appears

26 on operator's licenses or chauffeur's licenses to appropriate

27 security clearance requirements. The security requirements of

1 this subdivision and subdivision (a) may require that licenses be

2 manufactured or produced in this state.

3 (c) Provide fraudulent document recognition programs to

4 department of state employees engaged in the issuance of

5 operator's licenses and chauffeur's licenses.

6 Sec. 310. (1) The secretary of state shall issue an

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

8 chauffeur's license to each person licensed as a chauffeur. An

9 applicant for a motorcycle indorsement under section 312a or a

10 vehicle group designation or indorsement shall first qualify for

11 an operator's or chauffeur's license before the indorsement or

12 vehicle group designation application is accepted and processed.

13 An original license or the first renewal of an existing license

14 issued to a person less than 21 years of age shall be portrait or

15 vertical in form and a license issued to a person 21 years of age

16 or over shall be landscape or horizontal in form.

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

18 all of the following:

19 (a) The distinguishing number permanently assigned to the

20 licensee.

21 (b) The full legal name, date of birth, address of

22 residence, height, eye color, sex, digital photographic image,

23 expiration date, and signature of the licensee.

24 (c) In the case of a licensee who has indicated his or her

25 wish to participate in the ~~organ and tissue~~ anatomical gift donor

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

27 MCL 333.10101 to ~~333.10109~~ 333.10123, a heart insignia on the

1 front of the license.

2 (d) Physical security features designed to prevent

3 tampering, counterfeiting, or duplication of the license for

4 fraudulent purposes.

5 (3) Except as otherwise required under this chapter, other

6 information required on the license pursuant to this chapter may

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

8 state.

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

10 image of the licensee.

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

12 registration purposes. The digitized license may contain

13 information appearing in electronic or machine readable codes

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

15 information shall be limited to the person's driver license

16 number, birth date, full legal name, date of transaction, gender,

17 address, state of issuance, license expiration date, and other

18 information necessary for use with electronic devices, machine

19 readers, or automatic teller machines and shall not contain the

20 driving record or other personal identifier. The license shall

21 identify the encoded information.

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

23 prohibit as nearly as possible the ability to reproduce, alter,

24 counterfeit, forge, or duplicate the license without ready

25 detection. In addition, a license with a vehicle group

26 designation shall contain the information required under 49 CFR

27 part 383.

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

2 intentionally reproduces, alters, counterfeits, forges, or

3 duplicates a license photograph, the negative of the photograph,

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

5 part of a license or who uses a license, image, or photograph

6 that has been reproduced, altered, counterfeited, forged, or

7 duplicated is subject to 1 of the following:

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

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

10 in the commission of an offense that is a felony punishable by

11 imprisonment for 10 or more years, the person committing the

12 reproduction, alteration, counterfeiting, forging, duplication,

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

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

15 both.

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

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

18 in the commission of an offense that is a felony punishable by

19 imprisonment for less than 10 years or a misdemeanor punishable

20 by imprisonment for 6 months or more, the person committing the

21 reproduction, alteration, counterfeiting, forging, duplication,

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

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

24 both.

25 (c) If the intent of the reproduction, alteration,

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

27 in the commission of an offense that is a misdemeanor punishable

1 by imprisonment for less than 6 months, the person committing the

2 reproduction, alteration, counterfeiting, forging, duplication,

3 or use is guilty of a misdemeanor punishable by imprisonment for

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

5 both.

6 (8) Except as provided in subsections (11) and (16), a

7 person who sells, or who possesses with the intent to deliver to

8 another, a reproduced, altered, counterfeited, forged, or

9 duplicated license photograph, negative of the photograph, image,

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

11 license is guilty of a felony punishable by imprisonment for not

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

13 (9) Except as provided in subsections (11) and (16), a

14 person who is in possession of 2 or more reproduced, altered,

15 counterfeited, forged, or duplicated license photographs,

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

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

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

19 not more than $10,000.00, or both.

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

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

22 duplicated license photograph, negative of the photograph, image,

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

24 license is guilty of a misdemeanor punishable by imprisonment for

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

26 both.

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

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

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

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

4 examination that an applicant is mentally and physically

5 qualified to receive a license, may issue the applicant a

6 temporary driver's permit. The temporary driver's permit entitles

7 the applicant, while having the permit in his or her immediate

8 possession, to drive a motor vehicle upon the highway for a

9 period not exceeding 60 days before the secretary of state has

10 issued the applicant an operator's or chauffeur's license. The

11 secretary of state may establish a longer duration for the

12 validity of a temporary driver's permit if necessary to

13 accommodate the process of obtaining a background check that is

14 required for an applicant by federal law.

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

16 a place designated by the secretary of state his or her blood

17 type, emergency contact information, immunization data,

18 medication data, or a statement that the licensee is deaf.

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

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

21 designated a patient advocate in accordance with sections 5506 to

22 5515 of the estates and protected individuals code, 1998 PA 386,

23 MCL 700.5506 to 700.5515.

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

25 state that he or she is a minor who has been emancipated under

26 1968 PA 293, MCL 722.1 to 722.6, the license shall bear the

27 designation of the individual's emancipated status in a manner

1 prescribed by the secretary of state.

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

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

4 duplications of a license to document the identity of the

5 licensee for a legitimate business purpose.

6 (17) A sticker or decal may be provided by any person,

7 hospital, school, medical group, or association interested in

8 assisting in implementing an emergency medical information card,

9 but shall meet the specifications of the secretary of state. An

10 emergency medical information card may contain information

11 concerning the licensee's patient advocate designation, other

12 emergency medical information, or an indication as to where the

13 licensee has stored or registered emergency medical information.

14 (18) The secretary of state shall inquire of each licensee,

15 in person or by mail, whether the licensee agrees to participate

16 in the ~~organ, tissue, and eye~~ anatomical gift donor registry

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

18 333.10101 to ~~333.10109~~ 333.10123.

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

20 ~~tissue, and eye~~ anatomical gift donor registry under part 101 of

21 the public health code, 1978 PA 368, MCL 333.10101 to ~~333.10109~~

22 333.10123, shall not be considered to have revoked that agreement

23 solely because the licensee's license has been revoked or

24 suspended or has expired. Enrollment in the ~~organ, tissue, and~~

25 ~~eye~~ donor registry constitutes a legal agreement that remains

26 binding and in effect after the donor's death regardless of the

27 expressed desires of the deceased donor's next of kin who may