SENATE BILL NO. 36 January 26, 1999, Introduced by Senator ROGERS and referred to the Committee on Local, Urban and State Affairs. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 307 (MCL 257.307), as amended by 1998 PA 330. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 307. (1) An application for an operator's or 2 chauffeur's license shall be made in a manner prescribed by the 3 secretary of state and shall contain all of the following: 4 (a) The applicant's full name, date of birth, address of 5 residence, height, sex, eye color, signature, other information 6 required or permitted on the license under this chapter, and, to 7 the extent required to comply with federal law, the applicant's 8 social security number. 00008'99 TLG 2 1 (b) For an operator's or chauffeur's license with a vehicle 2 group designation or indorsement, the following certifications by 3 the applicant: 4 (i) The applicant meets the applicable federal physical 5 driver qualification requirements under 49 C.F.R. part 391 if the 6 applicant operates or intends to operate in interstate commerce 7 or meets the applicable physical qualifications under the rules 8 promulgated by the department of state police under the motor 9 carrier safety act of 1963, 1963 PA 181, MCL 480.11 to 480.22, if 10 the applicant operates or intends to operate in intrastate 11 commerce. 12 (ii) The vehicle in which the applicant will take the driv- 13 ing skills tests is representative of the type of vehicle the 14 applicant operates or intends to operate. 15 (iii) The applicant has not been convicted of an offense as 16 described in section 312f or 319b. 17 (iv) The applicant does not have a driver's license from 18 more than 1 state. 19 (c) For an operator's or chauffeur's license with a vehicle 20 group designation or indorsement and for which the applicant 21 claims a waiver of the driving test as provided in section 312f, 22 the following additional certifications by the applicant concern- 23 ing the 2-year period immediately before application: 24 (i) The applicant has not had more than 1 license. 25 (ii) The applicant has not had any license suspended, 26 revoked, or canceled. 00008'99 3 1 (iii) The applicant has not been convicted of any offense 2 described in section 319b while operating a motor vehicle. 3 (iv) The applicant has not been convicted of a moving viola- 4 tion under state or local law relating to motor vehicle traffic 5 control arising in connection with a traffic accident. 6 (v) The applicant is regularly employed in a job requiring 7 the operation of a commercial motor vehicle. 8 (vi) The applicant qualifies under either of the following: 9 (A) He or she has passed a behind-the-wheel driving test 10 given by a state with a commercial motor vehicle driver licensing 11 and testing system and taken in a representative vehicle for that 12 applicant's driver's license vehicle group designation. 13 (B) For at least 2 years immediately preceding application, 14 the applicant has operated a vehicle representative of the com- 15 mercial motor vehicle group or passenger vehicle for which he or 16 she is applying. The applicant's employer or the applicant, if 17 self-employed, shall provide evidence of this requirement. 18 (2) An applicant for an operator's or chauffeur's license 19 may have his or her image captured or reproduced when the appli- 20 cation for the license is made. The secretary of state shall 21 acquire by purchase or lease the equipment for capturing the 22 images and may furnish the equipment to a local unit authorized 23 by the secretary of state to license drivers. The secretary of 24 state shall acquire equipment purchased or leased pursuant to 25 this section under standard purchasing procedures of the depart- 26 ment of management and budget based on standards and 27 specifications established by the secretary of state. The 00008'99 4 1 secretary of state shall not purchase or lease equipment until an 2 appropriation for the equipment has been made by the 3 legislature. An image captured pursuant to this section shall 4 appear on the applicant's operator's or chauffeur's license. The 5 secretary of state may retain and use a person's image described 6 in this subsection only for programs administered by the secre- 7 tary of state. Except as provided in this subsection, the secre- 8 tary of state shall not use a person's image unless the person 9 grants written permission for that purpose to the secretary of 10 state or specific enabling legislation permitting the use is 11 enacted into law. A law enforcement agency of this state has 12 access to information retained by the secretary of state under 13 this subsection. The information may be utilized for any law 14 enforcement purpose unless otherwise prohibited by law. 15 (3) An application shall contain a signature and certifica- 16 tion by the applicant and, EXCEPT AS PROVIDED IN SUBSECTION (13), 17 shall be accompanied by the proper fee. The examiner shall col- 18 lect the application fee and shall forward the fee to the secre- 19 tary of state with the application. The secretary of state shall 20 refund the application fee to the applicant if the license 21 applied for is denied, but shall not refund the fee to an appli- 22 cant who fails to complete the examination requirements of the 23 secretary of state within 90 days after the date of application 24 for a license. Until January 1, 2002, a service fee of $1.00 25 shall be added to each fee collected for an original, renewal, 26 duplicate, or corrected operator's or chauffeur's license. The 27 service fee received and collected under this subsection shall be 00008'99 5 1 deposited in the state treasury to the credit of the general 2 fund. The service fee shall be used to defray the expenses of 3 the secretary of state. Appropriations from the Michigan trans- 4 portation fund shall not be used to compensate the secretary of 5 state for costs incurred and services performed under this 6 section. 7 (4) In conjunction with the issuance of an operator's or 8 chauffeur's license, the secretary of state shall do all of the 9 following: 10 (a) Provide the applicant with all of the following: 11 (i) Written information explaining the applicant's right to 12 make an anatomical gift in the event of death in accordance with 13 section 310. 14 (ii) Written information describing the organ donation reg- 15 istry program maintained by Michigan's federally designated organ 16 procurement organization or its successor organization. The 17 written information required under this subparagraph shall 18 include, in a type size and format that is conspicuous in rela- 19 tion to the surrounding material, the address and telephone 20 number of Michigan's federally designated organ procurement 21 organization or its successor organization, along with an 22 advisory to call Michigan's federally designated organ procure- 23 ment organization or its successor organization with questions 24 about the organ donor registry program. 25 (iii) Written information giving the applicant the opportu- 26 nity to be placed on the organ donation registry described in 27 subparagraph (ii). 00008'99 6 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 in writing that, if he or she indi- 6 cates to the secretary of state under this section a willingness 7 to have his or her name placed on the organ donor registry 8 described in subdivision (a)(ii), the secretary of state will 9 forward the applicant's name and address to the organ donation 10 registry maintained by Michigan's federally designated organ pro- 11 curement organization or its successor organization, as required 12 by subsection (6). 13 (5) The secretary of state may fulfill the requirements of 14 subsection (4) by 1 or more of the following methods: 15 (a) Providing printed material enclosed with a mailed notice 16 for an operator's or chauffeur's license renewal or the issuance 17 of an operator's or chauffeur's license. 18 (b) Providing printed material to an applicant who person- 19 ally appears at a secretary of state branch office. 20 (c) Through electronic information transmittals for 21 operator's and chauffeur's licenses processed by electronic 22 means. 23 (6) If an applicant indicates a willingness under this sec- 24 tion to have his or her name placed on the organ donor registry 25 described in subsection (4)(a)(ii), the secretary of state shall 26 within 10 days forward the applicant's name and address to the 27 organ donor registry maintained by Michigan's federally 00008'99 7 1 designated organ procurement organization or its successor 2 organization. The secretary of state may forward information 3 under this subsection by mail or by electronic means. The secre- 4 tary of state shall not maintain a record of the name or address 5 of an individual who indicates a willingness to have his or her 6 name placed on the organ donor registry after forwarding that 7 information to the organ donor registry under this subsection. 8 Information about an applicant's indication of a willingness to 9 have his or her name placed on the organ donor registry that is 10 obtained by the secretary of state under subsection (4) and for- 11 warded under this subsection is exempt from disclosure under the 12 freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, 13 pursuant to section 13(1)(d) of the freedom of information act, 14 1976 PA 442, MCL 15.243. 15 (7) If an application is received from a person previously 16 licensed in another jurisdiction, the secretary of state shall 17 request a copy of the applicant's driving record and other avail- 18 able information from the other jurisdiction. When received, the 19 driving record and other available information from the other 20 jurisdiction becomes a part of the driver's record in this state 21 with the same force and effect as if it had been entered on the 22 driver's record in this state in the original instance. If the 23 application is for an original, renewal, or change of a vehicle 24 group designation or indorsement, the secretary of state shall 25 also check the applicant's driving record with the national driv- 26 ers register and the United States department of transportation 27 before issuing that group designation or indorsement. 00008'99 8 1 (8) Except for a vehicle group designation or indorsement, 2 the secretary of state may issue a renewal operator's or 3 chauffeur's license for 1 additional 4-year period by mail or by 4 other methods prescribed by the secretary of state. The secre- 5 tary of state shall issue a renewal license only in person if the 6 licensee has a driving record with a conviction or civil infrac- 7 tion determination obtained in the 48 months preceding renewal. 8 However, the secretary of state shall not refuse to issue a 9 renewal license by mail or by other method because of a convic- 10 tion or civil infraction determination for which fines and costs 11 were waived under section 901a or section 907. If a license is 12 renewed by mail or by other method, the secretary of state shall 13 issue evidence of renewal to indicate the date the license 14 expires in the future. 15 (9) Upon request, the secretary of state shall provide an 16 information manual to an applicant explaining how to obtain a 17 vehicle group designation or indorsement. The manual shall con- 18 tain the information required under 49 C.F.R. part 383. 19 (10) The secretary of state shall not disclose a social 20 security number obtained under subsection (1) to another person 21 except for use for 1 or more of the following purposes: 22 (a) Compliance with the commercial motor vehicle safety act 23 of 1986, title XII of Public Law 99-570, 100 Stat. 3207-170, and 24 regulations and state law and rules related to that act. 25 (b) Through the law enforcement information network, to 26 carry out the purposes of section 466(a) of part D of title IV of 27 the social security act, 42 U.S.C. 666, in connection with 00008'99 9 1 matters relating to paternity, child support, or overdue child 2 support. 3 (c) As otherwise required by law. 4 (11) The secretary of state shall not display a person's 5 social security number on the person's operator's or chauffeur's 6 license. 7 (12) A requirement under this section to include a social 8 security number on an application does not apply to an applicant 9 who demonstrates he or she is exempt under law from obtaining a 10 social security number or to an applicant who for religious con- 11 victions is exempt under law from disclosure of his or her social 12 security number under these circumstances. The secretary of 13 state shall inform the applicant of this possible exemption. 14 (13) A QUALIFIED POLICE OFFICER IS NOT REQUIRED TO PAY A 15 LICENSE APPLICATION FEE. AS USED IN THIS SUBSECTION: 16 (A) "HIGH-CRIME AREA" MEANS AN AREA WITHIN A MUNICIPALITY 17 THAT THE DEPARTMENT OF STATE POLICE DETERMINES IS A HIGH-CRIME 18 AREA BASED ON THE STATE POLICE UNIFORM CRIME REPORTING PROGRAM 19 STATISTICS AND OTHER RELEVANT FACTORS AFTER CONSULTATION WITH THE 20 MUNICIPALITY. 21 (B) "MUNICIPALITY" MEANS A COUNTY, CITY, VILLAGE, OR 22 TOWNSHIP. 23 (C) "QUALIFIED POLICE OFFICER" MEANS A PERSON WHO MEETS ALL 24 OF THE FOLLOWING CONDITIONS: 25 (i) IS EMPLOYED AS A POLICE OFFICER BY THIS STATE OR A 26 MUNICIPALITY IN THIS STATE. 00008'99 10 1 (ii) LIVES IN A HIGH-CRIME AREA. 2 (iii) WORKS AS A POLICE OFFICER IN THE HIGH-CRIME AREA IN 3 WHICH HE OR SHE LIVES. 4 (iv) MEETS ANY OTHER CONDITIONS AS DETERMINED BY THE MUNICI- 5 PALITY IN WHICH HE OR SHE LIVES. 00008'99 Final page. TLG