April 20, 2004, Introduced by Reps. Woodward, Gieleghem, Vagnozzi, Minore, Bieda, Gleason and Lipsey and referred to the Committee on Insurance.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 307 (MCL 257.307), as amended by 2003 PA 152,
and by adding section 520a.
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:
7 (a) The applicant's full name, date of birth, residence
8 address, height, sex, eye color, signature, other information
9 required or permitted on the license under this chapter, and, to
10 the extent required to comply with federal law, the applicant's
1 social security number. The applicant may provide a mailing
2 address if the applicant receives mail at an address different
3 from his or her residence address.
4 (b) The following notice shall be included to inform the
5 applicant that under sections 509o and 509r of the Michigan
6 election law, 1954 PA 116, MCL 168.509o and 168.509r, the
7 secretary of state is required to use the residence address
8 provided on this application as the applicant's residence address
9 on the qualified voter file for voter registration and voting:
10 "NOTICE: Michigan law requires that the same address be used
11 for voter registration and driver license purposes. Therefore,
12 if the residence address you provide in this application
13 differs from your voter registration address as it appears on
14 the qualified voter file, the secretary of state will
15 automatically change your voter registration to match the
16 residence address on this application, after which your voter
17 registration at your former address will no longer be valid for
18 voting purposes. A new voter registration card, containing the
19 information of your polling place, will be provided to you by
20 the clerk of the jurisdiction where your residence address is
21 located.".
22 (c) For an operator's or chauffeur's license with a vehicle
23 group designation or indorsement, the following certifications by
24 the applicant:
25 (i) The applicant meets the applicable federal driver
26 qualification
requirements under 49 C.F.R. CFR part 391 if the
1 applicant operates or intends to operate in interstate commerce
2 or meets the applicable qualifications under the rules
3 promulgated by the department of state police under the motor
4 carrier safety act of 1963, 1963 PA 181, MCL 480.11 to 480.22, if
5 the applicant operates or intends to operate in intrastate
6 commerce.
7 (ii) The vehicle in which the applicant will take the driving
8 skills tests is representative of the type of vehicle the
9 applicant operates or intends to operate.
10 (iii) The applicant is not subject to disqualification,
11 suspension, revocation, or cancellation for conviction of an
12 offense described in section 312f or 319b.
13 (iv) The applicant does not have a driver's license from more
14 than 1 state.
15 (d) An applicant for an operator's or chauffeur's license
16 with a vehicle group designation and a hazardous material
17 indorsement (H vehicle indorsement) shall provide his or her
18 fingerprints which
shall have been as taken by a law
19 enforcement official or a designated representative for
20 investigation as required by the uniting and strengthening
21 America by providing appropriate tools required to intercept and
22 obstruct terrorism (USA PATRIOT ACT) Act of 2001, Public Law
23 107-56. , 115
Stat. 272.
24 (2) Except as provided in this subsection, an applicant for
25 an operator's or chauffeur's license may have his or her image
26 and signature captured or reproduced when the application for the
27 license is made. An applicant required under section 5a of the
1 sex offenders registration act, 1994 PA 295, MCL 28.725a, to
2 maintain a valid operator's or chauffeur's license or official
3 state personal identification card shall have his or her image
4 and signature captured or reproduced when the application for the
5 license is made. The secretary of state shall acquire by
6 purchase or lease the equipment for capturing the images and
7 signatures and may furnish the equipment to a local unit
8 authorized by the secretary of state to license drivers. The
9 secretary of state shall acquire equipment purchased or leased
10 pursuant to this section under standard purchasing procedures of
11 the department of management and budget based on standards and
12 specifications established by the secretary of state. The
13 secretary of state shall not purchase or lease equipment until an
14 appropriation for the equipment has been made by the
15 legislature. An image and signature captured pursuant to this
16 section shall appear on the applicant's operator's or chauffeur's
17 license. Except as provided in this subsection, the secretary of
18 state may retain and use a person's image described in this
19 subsection only for programs administered by the secretary of
20 state. Except as provided in this subsection, the secretary of
21 state shall not use a person's image unless the person grants
22 written permission for that purpose to the secretary of state or
23 specific enabling legislation permitting the use is enacted into
24 law. A law enforcement agency of this state has access to
25 information retained by the secretary of state under this
26 subsection. The information may be utilized for any law
27 enforcement purpose unless otherwise prohibited by law. The
1 department of state police shall provide to the secretary of
2 state updated lists of persons required to be registered under
3 the sex offenders registration act, 1994 PA 295, MCL 28.721 to
4 28.732, and the secretary of state shall make the images of those
5 persons available to the department of state police as provided
6 in that act.
7 (3) An application shall contain a signature and
8 certification by the applicant and shall be accompanied by the
9 proper fee. The examiner shall collect the application fee and
10 shall forward the fee to the secretary of state with the
11 application. The secretary of state shall refund the application
12 fee to the applicant if the license applied for is denied, but
13 shall not refund the fee to an applicant who fails to complete
14 the examination requirements of the secretary of state within 90
15 days after the date of application for a license.
16 (4) In conjunction with the issuance of an operator's or
17 chauffeur's license, the secretary of state shall do all of the
18 following:
19 (a) Provide the applicant with all of the following:
20 (i) Written information explaining the applicant's right to
21 make an anatomical gift in the event of death in accordance with
22 section 310.
23 (ii) Written information describing the organ donation
24 registry program maintained by Michigan's federally designated
25 organ procurement organization or its successor organization.
26 The written information required under this subparagraph shall
27 include, in a type size and format that is conspicuous in
1 relation to the surrounding material, the address and telephone
2 number of Michigan's federally designated organ procurement
3 organization or its successor organization, along with an
4 advisory to call Michigan's federally designated organ
5 procurement organization or its successor organization with
6 questions about the organ donor registry program.
7 (iii) Written information giving the applicant the
8 opportunity to be placed on the organ donation registry described
9 in subparagraph (ii).
10 (b) Provide the applicant with the opportunity to specify on
11 his or her operator's or chauffeur's license that he or she is
12 willing to make an anatomical gift in the event of death in
13 accordance with section 310.
14 (c) Inform the applicant in writing that, if he or she
15 indicates to the secretary of state under this section a
16 willingness to have his or her name placed on the organ donor
17 registry described in subdivision (a)(ii), the secretary of state
18 will forward the applicant's name and address to the organ
19 donation registry maintained by Michigan's federally designated
20 organ procurement organization or its successor organization, as
21 required by subsection (6).
22 (5) The secretary of state may fulfill the requirements of
23 subsection (4) by 1 or more of the following methods:
24 (a) Providing printed material enclosed with a mailed notice
25 for an operator's or chauffeur's license renewal or the issuance
26 of an operator's or chauffeur's license.
27 (b) Providing printed material to an applicant who personally
1 appears at a secretary of state branch office.
2 (c) Through electronic information transmittals for
3 operator's and chauffeur's licenses processed by electronic
4 means.
5 (6) If an applicant indicates a willingness under this
6 section to have his or her name placed on the organ donor
7 registry described in subsection (4)(a)(ii), the secretary of
8 state shall within 10 days forward the applicant's name and
9 address to the organ donor registry maintained by Michigan's
10 federally designated organ procurement organization or its
11 successor organization. The secretary of state may forward
12 information under this subsection by mail or by electronic
13 means. The secretary of state shall not maintain a record of the
14 name or address of an individual who indicates a willingness to
15 have his or her name placed on the organ donor registry after
16 forwarding that information to the organ donor registry under
17 this subsection. Information about an applicant's indication of
18 a willingness to have his or her name placed on the organ donor
19 registry that is obtained by the secretary of state under
20 subsection (4) and forwarded under this subsection is exempt from
21 disclosure under the freedom of information act, 1976 PA 442,
22 MCL 15.231 to 15.246, pursuant to section 13(1)(d) of the freedom
23 of information act, 1976 PA 442, MCL 15.243.
24 (7) If an application is received from a person previously
25 licensed in another jurisdiction, the secretary of state shall
26 request a copy of the applicant's driving record and other
27 available information from the national driver register. When
1 received, the driving record and other available information
2 become a part of the driver's record in this state. If the
3 application is for an original, renewal, or upgrade of a vehicle
4 group designation or indorsement, the secretary of state shall
5 check the applicant's driving record with the national driver
6 register and the federal commercial driver license information
7 system before issuing that group designation or indorsement.
8 (8) Except for a vehicle group designation or indorsement or
9 as provided in this subsection, the secretary of state may issue
10 a renewal operator's or chauffeur's license for 1 additional
11 4-year period by mail or by other methods prescribed by the
12 secretary of state. The secretary of state shall issue a renewal
13 license only in person if the person is a person required under
14 section 5a of the sex offenders registration act, 1994 PA 295,
15 MCL 28.725a, to maintain a valid operator's or chauffeur's
16 license or official state personal identification card. If a
17 license is renewed by mail or by other method, the secretary of
18 state shall issue evidence of renewal to indicate the date the
19 license expires in the future. The department of state police
20 shall provide to the secretary of state updated lists of persons
21 required under section 5a of the sex offenders registration act,
22 1994 PA 295, MCL 28.725a, to maintain a valid operator's or
23 chauffeur's license or official state personal identification
24 card.
25 (9) Upon request, the secretary of state shall provide an
26 information manual to an applicant explaining how to obtain a
27 vehicle group designation or indorsement. The manual shall
1 contain the information
required under 49 C.F.R. CFR part 383.
2 (10) The secretary of state shall not disclose a social
3 security number obtained under subsection (1) to another person
4 except for use for 1 or more of the following purposes:
5 (a) Compliance with chapter
313 of title 49 of the United
6 States Code, 49 U.S.C. USC 31301 to 31317, and
regulations and
7 state law and rules related to this chapter.
8 (b) Through the law enforcement information network, to carry
9 out the purposes of
section 466(a) of part D of title IV of the
10 social security act, 42 U.S.C. USC 666, in connection with
11 matters relating to paternity, child support, or overdue child
12 support.
13 (c) As otherwise required by law.
14 (11) The secretary of state shall not display a person's
15 social security number on the person's operator's or chauffeur's
16 license.
17 (12) A requirement under this section to include a social
18 security number on an application does not apply to an applicant
19 who demonstrates he or she is exempt under law from obtaining a
20 social security number or to an applicant who for religious
21 convictions is exempt under law from disclosure of his or her
22 social security number under these circumstances. The secretary
23 of state shall inform the applicant of this possible exemption.
24 (13) An operator's or chauffeur's license issued or renewed
25 under this section shall contain an encoded magnetic strip or
26 other device as prescribed in section 520a.
27 Sec. 520a. (1) The secretary of state shall create and
1 maintain a central file of registered motor vehicles insured
2 under a motor vehicle liability policy meeting the requirements
3 of section 3101 or 3103 of the insurance code of 1956, 1956 PA
4 218, MCL 500.3101 and 500.3103. The file shall contain all of
5 the following information for each insured vehicle:
6 (a) The vehicle identification number.
7 (b) The name and address of the insurer.
8 (c) The motor vehicle liability policy number.
9 (d) The effective date and the expiration date of the motor
10 vehicle liability policy.
11 (2) The secretary of state shall cause the information
12 contained in the file created under subsection (1) pertaining to
13 an individual licensed to operate a motor vehicle under this act
14 to be encoded on a magnetic strip or other device that is
15 embedded in an operator's license issued or renewed under this
16 act. The embedded magnetic strip or other device shall be of a
17 type that is capable of being scanned by a law enforcement
18 officer to retrieve the information required under subsection
19 (1).
20 (3) The secretary of state shall send a notice to each
21 registered owner of a motor vehicle registered under this act if
22 the secretary of state has been informed by the insurer that the
23 motor vehicle liability policy for the motor vehicle has expired
24 without being renewed or has been terminated or canceled and the
25 secretary of state has not been informed by the registered owner
26 of the motor vehicle that the motor vehicle is insured under
27 another motor vehicle liability policy.
1 (4) A notice issued under this section shall be on a form
2 prescribed by the secretary of state and shall contain both of
3 the following:
4 (a) A statement that the insurer has informed the secretary
5 of state that the motor vehicle liability policy for the motor
6 vehicle has expired without being renewed or has been terminated
7 or canceled and the secretary of state has not been informed by
8 the registered owner of the motor vehicle that the motor vehicle
9 is insured under another motor vehicle liability policy.
10 (b) A statement that if a registered owner of the motor
11 vehicle fails to respond to the notice before the expiration of
12 14 days after the notice was issued and fails to present proof to
13 the secretary of state that is satisfactory to the secretary of
14 state that the motor vehicle is insured pursuant to section 520,
15 the secretary of state will cancel the registration of the motor
16 vehicle and will not issue a new registration for the motor
17 vehicle until an owner of the motor vehicle provides proof to the
18 secretary of state that is satisfactory to the secretary of state
19 that the motor vehicle is insured pursuant to section 520.
20 (5) The secretary of state shall cancel the registration of a
21 motor vehicle unless a registered owner of the motor vehicle
22 provides proof of insurance to the secretary of state as required
23 under this section.
24 Enacting section 1. This amendatory act does not take
25 effect unless Senate Bill No. ____ or House Bill No. 5774
26 (request no. 05602'03 a) of the 92nd Legislature is enacted into
27 law.