SENATE BILL No. 145

 

 

February 2, 2005, Introduced by Senators BRATER, PRUSI, THOMAS, BASHAM, CLARK-COLEMAN, SCHAUER, SWITALSKI, CLARKE, SCOTT, CHERRY, JACOBS, LELAND, BERNERO and EMERSON and referred to the Committee on Government Operations.

 

 

 

 

 

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 307 and 315 (MCL 257.307 and 257.315),

 

section 307 as amended by 2004 PA 502 and section 315 as amended

 

by 1999 PA 118.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 307. (1) An applicant for an operator's or chauffeur's

 

 2  license shall supply a birth certificate attesting to his or her

 

 3  age or other sufficient documents or identification as the

 

 4  secretary of state may require. An application for an operator's

 

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

 

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


 

 1        (a) The applicant's full name, date of birth, residence

 

 2  address, height, sex, eye color, signature, other information

 

 3  required or permitted on the license under this chapter, and, to

 

 4  the extent required to comply with federal law, the applicant's

 

 5  social security number. The applicant may provide a mailing

 

 6  address if the applicant receives mail at an address different

 

 7  from his or her residence address.

 

 8        (b) The following notice shall be included to inform the

 

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

 

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

 

11  secretary of state is required to use the residence address

 

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

 

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

 

 

14 "NOTICE: Michigan law requires that the same address

15 be used for voter registration and driver license

16 purposes. Therefore, if the residence address

17 you provide in this application differs from your

18 voter registration address as it appears on the

19 qualified voter file, the secretary of state

20 will automatically change your voter registration

21 to match the residence address on this application,

22 after which your voter registration at your former

23 address will no longer be valid for voting purposes.

24 A new voter registration card, containing the

25 information of your polling place, will be provided

26 to you by the clerk of the jurisdiction where your

27 residence address is located.".

 

 


 1        (b)  (c)  For an original or renewal operator's or

 

 2  chauffeur's license with a vehicle group designation or

 

 3  indorsement, the names of all states where the applicant has been

 

 4  licensed to drive any type of motor vehicle during the previous

 

 5  10 years.

 

 6        (c)  (d)  For an operator's or chauffeur's license with a

 

 7  vehicle group designation or indorsement, the following

 

 8  certifications by 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 under the rules promulgated by the

 

13  department of state police under the motor carrier safety act of

 

14  1963, 1963 PA 181, MCL 480.11 to 480.22, if the applicant

 

15  operates or intends to operate 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        (d)  (e)  An applicant for an operator's or chauffeur's

 

26  license with a vehicle group designation and a hazardous material

 

27  indorsement (H vehicle indorsement) shall provide his or her

 


 1  fingerprints that were taken by a law enforcement official or a

 

 2  designated representative for investigation as required by the

 

 3  uniting and strengthening America by providing appropriate tools

 

 4  required to intercept and obstruct terrorism (USA PATRIOT ACT)

 

 5  Act of 2001, Public Law 107-56.

 

 6        (2) Except as provided in this subsection, an applicant for

 

 7  an operator's or chauffeur's license may have his or her image

 

 8  and signature captured or reproduced when the application for the

 

 9  license is made. An applicant required under section 5a of the

 

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

 

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

 

12  state personal identification card shall have his or her image

 

13  and signature captured or reproduced when the application for the

 

14  license is made. The secretary of state shall acquire by purchase

 

15  or lease the equipment for capturing the images and signatures

 

16  and may furnish the equipment to a local unit authorized by the

 

17  secretary of state to license drivers. The secretary of state

 

18  shall acquire equipment purchased or leased pursuant to this

 

19  section under standard purchasing procedures of the department of

 

20  management and budget based on standards and specifications

 

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

 

22  shall not purchase or lease equipment until an appropriation for

 

23  the equipment has been made by the legislature. An image and

 

24  signature captured pursuant to this section shall appear on the

 

25  applicant's operator's or chauffeur's license. Except as provided

 

26  in this subsection, the secretary of state may retain and use a

 

27  person's image and signature described in this subsection only

 


 1  for programs administered by the secretary of state. Except as

 

 2  provided in this subsection, the secretary of state shall not use

 

 3  a person's image or signature, or both, unless the person grants

 

 4  written permission for that purpose to the secretary of state or

 

 5  specific enabling legislation permitting the use is enacted into

 

 6  law. A law enforcement agency of this state has access to

 

 7  information retained by the secretary of state under this

 

 8  subsection. The information may be utilized for any law

 

 9  enforcement purpose unless otherwise prohibited by law. The

 

10  department of state police shall provide to the secretary of

 

11  state updated lists of persons required to be registered under

 

12  the sex offenders registration act, 1994 PA 295, MCL 28.721 to

 

13  28.732, and the secretary of state shall make the images of those

 

14  persons available to the department of state police as provided

 

15  in that act.

 

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

 

17  and certification by the applicant, as determined by the

 

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

 

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

 

20  application. The secretary of state shall refund the application

 

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

 

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

 

23  the examination requirements of the secretary of state within 90

 

24  days after the date of application for a license.

 

25        (4) In conjunction with the issuance of an operator's or

 

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

 

27  following:

 


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

 

 2        (i) Written information explaining the applicant's right to

 

 3  make an anatomical gift in the event of death in accordance with

 

 4  section 310.

 

 5        (ii) Written information describing the organ donation

 

 6  registry program maintained by Michigan's federally designated

 

 7  organ procurement organization or its successor organization. The

 

 8  written information required under this subparagraph shall

 

 9  include, in a type size and format that is conspicuous in

 

10  relation to the surrounding material, the address and telephone

 

11  number of Michigan's federally designated organ procurement

 

12  organization or its successor organization, along with an

 

13  advisory to call Michigan's federally designated organ

 

14  procurement organization or its successor organization with

 

15  questions about the organ donor registry program.

 

16        (iii) Written information giving the applicant the opportunity

 

17  to be placed on the organ donation registry described in

 

18  subparagraph (ii).

 

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

 

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

 

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

 

22  accordance with section 310.

 

23        (c) Inform the applicant in writing that, if he or she

 

24  indicates to the secretary of state under this section a

 

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

 

26  registry described in subdivision (a)(ii), the secretary of state

 

27  will forward the applicant's name and address to the organ

 


 1  donation registry maintained by Michigan's federally designated

 

 2  organ procurement organization or its successor organization, as

 

 3  required by subsection (6).

 

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

 

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

 

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

 

 7  this provision shall be deposited in the state treasury to the

 

 8  credit of the organ and tissue donation education fund.

 

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

 

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

 

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

 

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

 

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

 

14        (b) Providing printed material to an applicant who

 

15  personally appears at a secretary of state branch office.

 

16        (c) Through electronic information transmittals for

 

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

 

18  means.

 

19        (6) If an applicant indicates a willingness under this

 

20  section to have his or her name placed on the organ donor

 

21  registry described in subsection (4)(a)(ii), the secretary of

 

22  state shall within 10 days forward the applicant's name and

 

23  address to the organ donor registry maintained by Michigan's

 

24  federally designated organ procurement organization or its

 

25  successor organization. The secretary of state may forward

 

26  information under this subsection by mail or by electronic means.

 

27  The secretary of state shall not maintain a record of the name or

 


 1  address of an individual who indicates a willingness to have his

 

 2  or her name placed on the organ donor registry after forwarding

 

 3  that information to the organ donor registry under this

 

 4  subsection. Information about an applicant's indication of a

 

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

 

 6  registry that is obtained by the secretary of state under

 

 7  subsection (4) and forwarded under this subsection is exempt from

 

 8  disclosure under the freedom of information act, 1976 PA 442, MCL

 

 9  15.231 to 15.246, pursuant to section 13(1)(d) of the freedom of

 

10  information act, 1976 PA 442, MCL 15.243.

 

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

 

12  licensed in another jurisdiction, the secretary of state shall

 

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

 

14  available information from the national driver register. When

 

15  received, the driving record and other available information

 

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

 

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

 

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

 

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

 

20  record from all states where the applicant was previously

 

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

 

22  years before issuing a vehicle group designation or indorsement

 

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

 

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

 

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

 

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

 

27  secretary of state issues the applicant a vehicle group

 


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

 

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

 

 3  state issues the applicant a vehicle group designation or

 

 4  indorsement. The secretary of state shall also check the

 

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

 

 6  the federal commercial driver license information system before

 

 7  issuing that group designation or indorsement. If the application

 

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

 

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

 

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

 

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

 

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

 

13  record from other states only once under this section.

 

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

 

15  as provided in this subsection, the secretary of state may issue

 

16  a renewal operator's or chauffeur's license for 1 additional 4-

 

17  year period by mail or by other methods prescribed by the

 

18  secretary of state. The secretary of state may check the

 

19  applicant's driving record through the national driver register

 

20  and the commercial driver license information system before

 

21  issuing a license under this section. The secretary of state

 

22  shall issue a renewal license only in person if the person is a

 

23  person required under section 5a of the sex offenders

 

24  registration act, 1994 PA 295, MCL 28.725a, to maintain a valid

 

25  operator's or chauffeur's license or official state personal

 

26  identification card. If a license is renewed by mail or by other

 

27  method, the secretary of state shall issue evidence of renewal to

 


 1  indicate the date the license expires in the future. The

 

 2  department of state police shall provide to the secretary of

 

 3  state updated lists of persons required under section 5a of the

 

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

 

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

 

 6  state personal identification card.

 

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

 

 8  information manual to an applicant explaining how to obtain a

 

 9  vehicle group designation or indorsement. The manual shall

 

10  contain the information required under 49 CFR part 383.

 

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

 

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

 

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

 

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

 

15  and state law and rules related to this chapter.

 

16        (b) Through the law enforcement information network, to

 

17  carry out the purposes of section 466(a) of the social security

 

18  act, 42 USC 666, in connection with matters relating to

 

19  paternity, child support, or overdue child support.

 

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

 

21  national driver register and the commercial driver license

 

22  information system when issuing a license under this act.

 

23        (d) As otherwise required by law.

 

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

 

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

 

26  license.

 

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

 


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

 

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

 

 3  social security number or to an applicant who for religious

 

 4  convictions is exempt under law from disclosure of his or her

 

 5  social security number under these circumstances. The secretary

 

 6  of state shall inform the applicant of this possible exemption.

 

 7        Sec. 315. (1) An operator or chauffeur who changes his or

 

 8  her residence before the expiration of a license granted under

 

 9  this chapter shall immediately notify the secretary of state of

 

10  his or her new residence address. A change of address

 

11  notification shall be in a manner prescribed by the secretary of

 

12  state and may include notification by personally appearing at a

 

13  branch office of the secretary of state or other location

 

14  designated by the secretary of state, or a notification by mail,

 

15  telephone, electronically, by submitting a voter registration

 

16  application unless the person registers to vote in a city,

 

17  village, or township that prohibits the operation of motor

 

18  vehicles by law or ordinance, or by any other means prescribed by

 

19  the secretary of state.  The secretary of state shall provide the

 

20  person changing his or her residence address the notice required

 

21  by section 307(1)(b) that, under sections 509o and 509r of the

 

22  Michigan election law, 1954 PA 116, MCL 168.509o and 168.509r,

 

23  the secretary of state is required to use the residence address

 

24  provided on this change of address application as the person's

 

25  residence address on the qualified voter file for voter

 

26  registration and voting. However, a  A person may submit to the

 

27  secretary of state a mailing address that is different than his

 


 1  or her residence address.

 

 2        (2) Upon receiving a change of address notification, the

 

 3  secretary of state shall change the person's driver license

 

 4  record to indicate the new residence address. The secretary of

 

 5  state shall provide the person with a new license or a label or

 

 6  some other mechanism containing the new residence address. Upon

 

 7  receipt of the label or other mechanism, the person shall affix

 

 8  the label or mechanism to his or her operator's or chauffeur's

 

 9  license as prescribed by the secretary of state. If the secretary

 

10  of state furnished the person with a new license, the person

 

11  shall destroy his or her old license and replace it with the new

 

12  license.

 

13        (3) If a person fails to report a change of his or her

 

14  residence address as required under this section and subsequently

 

15  there is no response to a notice mailed to the residence address

 

16  shown by the record of the secretary of state or if the person

 

17  has provided the secretary of state a mailing address different

 

18  from his or her residence address and there is no response to a

 

19  notice mailed to that mailing address, the secretary of state may

 

20  immediately suspend or revoke his or her license. A person who

 

21  fails to report a change of his or her residence address is

 

22  responsible for a civil infraction.

 

23        (4) A person shall not knowingly report a change of address

 

24  to the secretary of state for himself or herself that is not his

 

25  or her residence address. A person shall not knowingly report a

 

26  change of address to the secretary of state for another person

 

27  without the consent of the other person. A person who is

 


 1  convicted of a violation of this subsection is guilty of a

 

 2  misdemeanor punishable by imprisonment for not more than 93 days

 

 3  or a fine of $1,000.00, or both. Upon receiving the abstract of a

 

 4  conviction under this subsection, the secretary of state may

 

 5  suspend the person's operator's or chauffeur's license for 6

 

 6  months. The secretary of state shall not issue a restricted

 

 7  license to the person during the suspension.

 

 8        (5) Upon a second or subsequent conviction under subsection

 

 9  (4), a person is guilty of a misdemeanor punishable by

 

10  imprisonment for not more than 93 days or a fine of $5,000.00, or

 

11  both. Upon receiving the abstract of a second or subsequent

 

12  conviction under subsection (4), the secretary of state shall

 

13  revoke the person's operator's or chauffeur's license.

 

14        (6) The suspension or revocation of an operator's or

 

15  chauffeur's license under subsection (4) or (5) is not appealable

 

16  under section 323.