HB-4470, As Passed House, April 13, 2005

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4470

 

 

 

 

 

 

 

 

 

 

 

 

 

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 303, 307, and 812 (MCL 257.303, 257.307, and

 

257.812), sections 303 and 812 as amended by 2004 PA 362 and

 

section 307 as amended by 2004 PA 502.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 303. (1) The secretary of state shall not issue a

 

 2  license under this act to any of the following persons:

 

 3        (a) A person, as an operator, who is less than 18 years of

 

 4  age, except as otherwise provided in this act.

 

 5        (b) A person, as a chauffeur, who is less than 18 years of

 

 6  age, except as otherwise provided in this act.

 

 7        (c) A person whose license is suspended, revoked, denied, or


 

 1  canceled in any state. If the suspension, revocation, denial, or

 

 2  cancellation is not from the jurisdiction that issued the last

 

 3  license to the person, the secretary of state may issue a license

 

 4  after the expiration of 5 years from the effective date of the

 

 5  most recent suspension, revocation, denial, or cancellation.

 

 6        (d) A person who in the opinion of the secretary of state is

 

 7  afflicted with or suffering from a physical or mental disability

 

 8  or disease preventing that person from exercising reasonable and

 

 9  ordinary control over a motor vehicle while operating the motor

 

10  vehicle upon the highways.

 

11        (e) A person who is unable to understand highway warning or

 

12  direction signs in the English language.

 

13        (f) A person who is unable to pass a knowledge, skill, or

 

14  ability test administered by the secretary of state in connection

 

15  with the issuance of an original operator's or chauffeur's

 

16  license, original motorcycle indorsement, or an original or

 

17  renewal of a vehicle group designation or vehicle indorsement.

 

18        (g) A person who has been convicted of, has received a

 

19  juvenile disposition for, or has been determined responsible for

 

20  2 or more moving violations under a law of this state, a local

 

21  ordinance substantially corresponding to a law of this state, or

 

22  a law of another state substantially corresponding to a law of

 

23  this state within the preceding 3 years, if the violations

 

24  occurred before issuance of an original license to the person in

 

25  this,  or another state, or another country.

 

26        (h) A nonresident including a foreign exchange student.

 

27        (i) A person who has failed to answer a citation or notice


 

 1  to appear in court or for any matter pending or fails to comply

 

 2  with an order or judgment of the court, including, but not

 

 3  limited to, paying all fines, costs, fees, and assessments, in

 

 4  violation of section 321a, until that person answers the citation

 

 5  or notice to appear in court or for any matter pending or

 

 6  complies with an order or judgment of the court, including, but

 

 7  not limited to, paying all fines, costs, fees, and assessments,

 

 8  as provided under section 321a.

 

 9        (j) A person not licensed under this act who has been

 

10  convicted of, has received a juvenile disposition for, or has

 

11  been determined responsible for a crime or civil infraction

 

12  described in section 319, 324, or 904. A person shall be denied a

 

13  license under this subdivision for the length of time

 

14  corresponding to the period of the licensing sanction that would

 

15  have been imposed under section 319, 324, or 904 if the person

 

16  had been licensed at the time of the violation.

 

17        (k) A person not licensed under this act who has been

 

18  convicted of or received a juvenile disposition for committing a

 

19  crime described in section 319e. A person shall be denied a

 

20  license under this subdivision for the length of time that

 

21  corresponds to the period of the licensing sanction that would

 

22  have been imposed under section 319e if the person had been

 

23  licensed at the time of the violation.

 

24        (l) A person not licensed under this act who is determined to

 

25  have violated section 33b(1) of former 1933 (Ex Sess) PA 8,

 

26  section 703(1) of the Michigan liquor control code of 1998, 1998

 

27  PA 58, MCL 436.1703, or section 624a or 624b of this act. The


 

 1  person shall be denied a license under this subdivision for a

 

 2  period of time that corresponds to the period of the licensing

 

 3  sanction that would have been imposed under those sections had

 

 4  the person been licensed at the time of the violation.

 

 5        (2) The secretary of state may deny issuance of an

 

 6  operator's license until the age of 17 to a person not licensed

 

 7  under this act who was convicted of or received a juvenile

 

 8  disposition for violating or attempting to violate section

 

 9  411a(2) of the Michigan penal code, 1931 PA 328, MCL 750.411a,

 

10  involving a school when he or she was less than 14 years of age.

 

11  A person not issued a license under this subdivision is not

 

12  eligible to begin graduated licensing training until he or she

 

13  attains 16 years of age.

 

14        (3) The secretary of state may deny issuance of an

 

15  operator's license to a person less than 21 years of age not

 

16  licensed under this act who was convicted of or has received a

 

17  juvenile disposition for violating or attempting to violate

 

18  section 411a(2) of the Michigan penal code, 1931 PA 328, MCL

 

19  750.411a, involving a school when he or she was 14 years of age

 

20  or older, until 3 years after the date of the conviction or

 

21  juvenile disposition. A person not issued a license under this

 

22  subdivision is not eligible to begin graduated licensing training

 

23  or otherwise obtain an original operator's or chauffeur's license

 

24  until 3 years after the date of the conviction or juvenile

 

25  disposition.

 

26        (4) The secretary of state shall deny issuance of a vehicle

 

27  group designation to a person if the person has been disqualified


 

 1  by the United States secretary of transportation from operating a

 

 2  commercial motor vehicle.

 

 3        (2)  (5)  Upon receiving the appropriate records of

 

 4  conviction, the secretary of state shall revoke the operator's or

 

 5  chauffeur's license of a person and deny issuance of an

 

 6  operator's or chauffeur's license to a person having any of the

 

 7  following, whether under a law of this state, a local ordinance

 

 8  substantially corresponding to a law of this state, or a law of

 

 9  another state substantially corresponding to a law of this state:

 

10        (a) Any combination of 2 convictions within 7 years for

 

11  reckless driving in violation of section 626.

 

12        (b) Any combination of 2 or more convictions within 7 years

 

13  for any of the following:

 

14        (i) A felony in which a motor vehicle was used.

 

15        (ii) A violation or attempted violation of section 601b(2) or

 

16  (3), section 601c(1) or (2), section 602a(4) or (5), section 617,

 

17  section 653a(3) or (4), or section 904(4) or (5).

 

18        (iii) Negligent homicide, manslaughter, or murder resulting

 

19  from the operation of a vehicle or an attempt to commit any of

 

20  those crimes.

 

21        (iv) A violation or attempted violation of section 479a(4) or

 

22  (5) of the Michigan penal code, 1931 PA 328, MCL 750.479a.

 

23        (c) Any combination of 2 convictions within 7 years for any

 

24  of the following or a combination of 1 conviction for a violation

 

25  or attempted violation of section 625(6) and 1 conviction for any

 

26  of the following within 7 years:

 

27        (i) A violation or attempted violation of section 625, except


 

 1  a violation of section 625(2), or a violation of any prior

 

 2  enactment of section 625 in which the defendant operated a

 

 3  vehicle while under the influence of intoxicating or alcoholic

 

 4  liquor or a controlled substance, or a combination of

 

 5  intoxicating or alcoholic liquor and a controlled substance, or

 

 6  while visibly impaired, or with an unlawful bodily alcohol

 

 7  content.

 

 8        (ii) A violation or attempted violation of section 625m.

 

 9        (iii) Former section 625b.

 

10        (d) One conviction for a violation or attempted violation of

 

11  section 315(5), section 601b(3), section 601c(2), section 602a(4)

 

12  or (5), section 617, section 625(4) or (5), section 653a(4), or

 

13  section 904(4) or (5).

 

14        (e) One conviction of negligent homicide, manslaughter, or

 

15  murder resulting from the operation of a vehicle or an attempt to

 

16  commit any of those crimes.

 

17        (f) One conviction for a violation or attempted violation of

 

18  section 479a(4) or (5) of the Michigan penal code, 1931 PA 328,

 

19  MCL 750.479a.

 

20        (g) Any combination of 3 convictions within 10 years for any

 

21  of the following or 1 conviction for a violation or attempted

 

22  violation of section 625(6) and any combination of 2 convictions

 

23  for any of the following within 10 years, if any of the

 

24  convictions resulted from an arrest on or after January 1, 1992:

 

25        (i) A violation or attempted violation of section 625, except

 

26  a violation of section 625(2), or a violation of any prior

 

27  enactment of section 625 in which the defendant operated a


 

 1  vehicle while under the influence of intoxicating or alcoholic

 

 2  liquor or a controlled substance, or a combination of

 

 3  intoxicating or alcoholic liquor and a controlled substance, or

 

 4  while visibly impaired, or with an unlawful bodily alcohol

 

 5  content.

 

 6        (ii) A violation or attempted violation of section 625m.

 

 7        (iii) Former section 625b.

 

 8        (3)  (6)  The secretary of state shall revoke a license

 

 9  under subsection  (5)  (2) notwithstanding a court order unless

 

10  the court order complies with section 323.

 

11        (4)  (7)  The secretary of state shall not issue a license

 

12  under this act to a person whose license has been revoked under

 

13  this act or revoked and denied under subsection  (5)  (2) until

 

14  all of the following occur, as applicable:

 

15        (a) The later of the following:

 

16        (i) The expiration of not less than 1 year after the license

 

17  was revoked or denied.

 

18        (ii) The expiration of not less than 5 years after the date

 

19  of a subsequent revocation or denial occurring within 7 years

 

20  after the date of any prior revocation or denial.

 

21        (b) For a denial under subsection  (5)(a)  (2)(a), (b), (c),

 

22  and (g), the person rebuts by clear and convincing evidence the

 

23  presumption resulting from the prima facie evidence that he or

 

24  she is a habitual offender. The convictions that resulted in the

 

25  revocation and denial constitute prima facie evidence that he or

 

26  she is a habitual offender.

 

27        (c) The person meets the requirements of the department.


 

 1        (5) The secretary of state may deny issuance of an

 

 2  operator's license as follows:

 

 3        (a) Until the age of 17, to a person not licensed under this

 

 4  act who was convicted of or received a juvenile disposition for

 

 5  violating or attempting to violate section 411a(2) of the

 

 6  Michigan penal code, 1931 PA 328, MCL 750.411a, involving a

 

 7  school when he or she was less than 14 years of age. A person not

 

 8  issued a license under this subdivision is not eligible to begin

 

 9  graduated licensing training until he or she attains 16 years of

 

10  age.

 

11        (b) To a person less than 21 years of age not licensed under

 

12  this act who was convicted of or received a juvenile disposition

 

13  for violating or attempting to violate section 411a(2) of the

 

14  Michigan penal code, 1931 PA 328, MCL 750.411a, involving a

 

15  school when he or she was less than 14 years of age or older,

 

16  until 3 years after the date of the conviction or juvenile

 

17  disposition. A person not issued a license under this subdivision

 

18  is not eligible to begin graduated licensing training or

 

19  otherwise obtain an original operator's or chauffeur's license

 

20  until 3 years after the date of the conviction or juvenile

 

21  disposition.

 

22        (6) The secretary of state shall deny issuance of a vehicle

 

23  group designation to a person if the person has been disqualified

 

24  by the United States secretary of transportation from operating a

 

25  commercial motor vehicle.

 

26        (7)  (8)  Multiple convictions or civil infraction

 

27  determinations resulting from the same incident shall be treated


 

 1  as a single violation for purposes of denial or revocation of a

 

 2  license under this section.

 

 3        (8)  (9)  As used in this section, "felony in which a motor

 

 4  vehicle was used" means a felony during the commission of which

 

 5  the person operated a motor vehicle and while operating the

 

 6  vehicle presented real or potential harm to persons or property

 

 7  and 1 or more of the following circumstances existed:

 

 8        (a) The vehicle was used as an instrument of the felony.

 

 9        (b) The vehicle was used to transport a victim of the

 

10  felony.

 

11        (c) The vehicle was used to flee the scene of the felony.

 

12        (d) The vehicle was necessary for the commission of the

 

13  felony.

 

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

 

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

 

16  age or other sufficient documents or identification as the

 

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

 

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

 

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

 

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

 

21  address, height, sex, eye color, signature, and, beginning

 

22  January 1, 2007, intent to be an organ donor, other information

 

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

 

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

 

25  social security number. The applicant may provide a mailing

 

26  address if the applicant receives mail at an address different

 

27  from his or her residence address.


 

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

 

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

 

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

 

 4  secretary of state is required to use the residence address

 

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

 

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

"NOTICE: Michigan law requires that the same address

be used for voter registration and driver license

purposes. Therefore, if the residence address

10 you provide in this application differs from your

11 voter registration address as it appears on the

12 qualified voter file, the secretary of state

13 will automatically change your voter registration

14 to match the residence address on this application,

15 after which your voter registration at your former

16 address will no longer be valid for voting purposes.

17 A new voter registration card, containing the

18 information of your polling place, will be provided

19 to you by the clerk of the jurisdiction where your

20        residence address is located.".

 

21        (c) For an original or renewal operator's or chauffeur's

 

22  license with a vehicle group designation or indorsement, the

 

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

 

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

 

25        (d) For an operator's or chauffeur's license with a vehicle

 

26  group designation or indorsement, the following certifications by

 

27  the applicant:

 

28        (i) The applicant meets the applicable federal driver

 

29  qualification requirements under 49 CFR part 391 if the applicant


 

 1  operates or intends to operate in interstate commerce or meets

 

 2  the applicable qualifications under the rules promulgated by the

 

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

 

 4  1963, 1963 PA 181, MCL 480.11 to 480.22, if the applicant

 

 5  operates or intends to operate in intrastate commerce.

 

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

 

 7  skills tests is representative of the type of vehicle the

 

 8  applicant operates or intends to operate.

 

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

 

10  United States secretary of transportation, or a suspension,

 

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

 

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

 

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

 

14  than 1 state or jurisdiction.

 

15        (e) 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  that were taken by a  as prescribed by state and

 

19  federal law.  enforcement official or a designated representative

 

20  for 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 107-

 

23  56.

 

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 purchase

 

 6  or lease the equipment for capturing the images and signatures

 

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

 

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

 

 9  shall acquire equipment purchased or leased pursuant to this

 

10  section under standard purchasing procedures of the department of

 

11  management and budget based on standards and specifications

 

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

 

13  shall not purchase or lease equipment until an appropriation for

 

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

 

15  signature captured pursuant to this section shall appear on the

 

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

 

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

 

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

 

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

 

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

 

21  a person's image or signature, or both, 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 or verification

 

 8  and certification by the applicant, as determined by the

 

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

 

10  The secretary of state shall collect the application fee 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 application for or, until

 

17  January 1, 2007, the issuance of an operator's or chauffeur's

 

18  license, the secretary of state shall do all of the following:

 

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

 

20        (i)  Written information  Information explaining the

 

21  applicant's right to make an anatomical gift in the event of

 

22  death in accordance with section 310.

 

23        (ii)  Written information  Information describing the organ,  

 

24  donation  tissue, and eye donor registry program.  maintained by

 

25  Michigan's federally designated organ procurement organization or

 

26  its successor organization.  The  written  information required

 

27  under this subparagraph  shall include, in a type size and format


 

 1  that is conspicuous in relation to the surrounding material,  

 

 2  includes the address and telephone number of Michigan's federally

 

 3  designated organ procurement organization or its successor

 

 4  organization.  , along with an advisory to call Michigan's

 

 5  federally designated organ procurement organization or its

 

 6  successor organization with questions about the organ donor

 

 7  registry program.

 

 8        (iii)  Written information  Information giving the applicant

 

 9  the opportunity to be placed on the  organ donation  registry

 

10  described in subparagraph (ii).

 

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

 

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

 

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

 

14  accordance with section 310.

 

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

 

16  indicates to the secretary of state under this section a

 

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

 

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

 

19  will  forward  mark the applicant's  name and address to  record

 

20  for the  organ donation  registry.  maintained by Michigan's

 

21  federally designated organ procurement organization or its

 

22  successor organization, as required by subsection (6).

 

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

 

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

 

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

 

26  this  provision  subdivision shall be deposited in the state

 

27  treasury to the credit of the organ and tissue donation education


 

 1  fund.

 

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

 

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

 

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

 

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

 

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

 

 7        (b) Providing printed material to an applicant who

 

 8  personally appears at a secretary of state branch office.

 

 9        (c) Through electronic information transmittals for

 

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

 

11  means.

 

12        (6)  If  Until January 1, 2007, if an applicant indicates a

 

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

 

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

 

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

 

16  name,  and  address, and date of birth to the organ donor

 

17  registry maintained by Michigan's federally designated organ

 

18  procurement organization or its successor organization. The

 

19  secretary of state may forward information under this subsection

 

20  by mail or by electronic means. The secretary of state shall not

 

21  maintain a record of the name or address of an individual who

 

22  indicates a willingness to have his or her name placed on the

 

23  organ donor registry after forwarding that information to the

 

24  organ donor registry under this subsection. Information about an

 

25  applicant's indication of a willingness to have his or her name

 

26  placed on the organ donor registry that is obtained by the

 

27  secretary of state under subsection (4) and forwarded under this


 

 1  subsection is exempt from disclosure under the freedom of

 

 2  information act, 1976 PA 442, MCL 15.231 to 15.246, pursuant to  

 

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

 

 4  MCL 15.243. Beginning January 1, 2007, the secretary of state

 

 5  shall maintain a record of an individual who indicates a

 

 6  willingness to have his or her name placed on the registry

 

 7  described in subsection (4)(a)(ii). Information about an

 

 8  applicant's indication of a willingness to have his or her name

 

 9  placed on the registry that is obtained by the secretary of state

 

10  under subsection (4) and forwarded under subsection (14) is

 

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

 

12  information act, 1976 PA 442, MCL 15.243.

 

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

 

14  licensed in another jurisdiction, the secretary of state shall

 

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

 

16  available information from the national driver register. When

 

17  received, the driving record and other available information

 

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

 

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

 

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

 

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

 

22  record from all states where the applicant was previously

 

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

 

24  years before issuing a vehicle group designation or indorsement

 

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

 

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

 

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


 

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

 

 2  secretary of state issues the applicant a vehicle group

 

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

 

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

 

 5  state issues the applicant a vehicle group designation or

 

 6  indorsement. The secretary of state shall also check the

 

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

 

 8  the federal commercial driver license information system before

 

 9  issuing that group designation or indorsement. If the application

 

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

 

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

 

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

 

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

 

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

 

15  record from other states only once under this section.

 

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

 

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

 

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

 

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

 

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

 

21  applicant's driving record through the national driver register

 

22  and the commercial driver license information system before

 

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

 

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

 

25  person required under section 5a of the sex offenders

 

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

 

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


 

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

 

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

 

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

 

 4  department of state police shall provide to the secretary of

 

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

 

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

 

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

 

 8  state personal identification card.

 

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

 

10  information manual to an applicant explaining how to obtain a

 

11  vehicle group designation or indorsement. The manual shall

 

12  contain the information required under 49 CFR part 383.

 

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

 

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

 

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

 

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

 

17  and state law and rules related to this chapter.

 

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

 

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

 

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

 

21  paternity, child support, or overdue child support.

 

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

 

23  national driver register and the commercial driver license

 

24  information system when issuing a license under this act.

 

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

 

26  with vital records maintained by the department of community

 

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


 

 1  333.2801 to 333.2899.

 

 2        (e)  (d)  As otherwise required by law.

 

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

 

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

 

 5  license.

 

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

 

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

 

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

 

 9  social security number or to an applicant who for religious

 

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

 

11  social security number under these circumstances. The secretary

 

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

 

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

 

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

 

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

 

16  transfer of data to this state's federally designated organ

 

17  procurement organizations, their successor organizations, and

 

18  tissue and eye banks with limitations on the use of and access to

 

19  the donor registry as determined by the secretary of state.

 

20        Sec. 812. (1) Except as otherwise provided in subsection

 

21  (2), for each duplicate license as provided in section 313, and

 

22  for each correction of a license, a person may apply for renewal

 

23  of the license and pay the renewal fee prescribed in this act or

 

24  the person may, at his or her option and upon payment of the fee

 

25  prescribed in this section, apply for a duplicate license which

 

26  expires on the same date as the license which was lost,

 

27  destroyed, mutilated, or became illegible. The secretary of state


 

 1  may check the applicant's driving record through the national

 

 2  driver register and the commercial driver license information

 

 3  system before issuing a license under this section. The fee for a

 

 4  duplicate chauffeur's license  shall be  is $18.00. The fee for a

 

 5  duplicate operator's license  shall be  is $9.00. A renewal fee

 

 6  shall not be charged for a change of address,  or  a correction

 

 7  required to correct a department error, or, beginning January 1,

 

 8  2007, to add or remove a heart insignia described in section 310.

 

 9        (2) Except with regard to a person who is less than 21 years

 

10  of age or a person with a license containing a hazardous material

 

11  indorsement, for each duplicate license as provided in section

 

12  313, and for each correction of a license, a person shall apply

 

13  for renewal of the license and pay the renewal fee prescribed in

 

14  this act if the license was due to expire within the next 12

 

15  months. Except as otherwise provided in this act, a license

 

16  renewed under this subsection shall be renewed for the combined

 

17  period of the time remaining on the license before its renewal

 

18  and the 4-year renewal period.

 

19        Enacting section 1.  This amendatory act does not take

 

20  effect unless all of the following bills of the 93rd Legislature

 

21  are enacted into law:

 

22        (a) Senate Bill No. 301.

 

23        (b) House Bill No. 4082.

 

24        (c) House Bill No. 4469.