March 8, 2005, Introduced by Reps. LaJoy and Gleason and referred to the Committee on Transportation.
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:
Sec. 303. (1) The secretary of state shall not issue a license
under this act to any of the following persons:
(a) A person, as an operator, who is less than 18 years of
age, except as otherwise provided in this act.
(b) A person, as a chauffeur, who is less than 18 years of
age, except as otherwise provided in this act.
(c) A person whose license is suspended, revoked, denied, or
canceled in any state. If the suspension, revocation, denial, or
cancellation is not from the jurisdiction that issued the last
license to the person, the secretary of state may issue a license
after the expiration of 5 years from the effective date of the most
recent suspension, revocation, denial, or cancellation.
(d) A person who in the opinion of the secretary of state is
afflicted with or suffering from a physical or mental disability or
disease preventing that person from exercising reasonable and
ordinary control over a motor vehicle while operating the motor
vehicle upon the highways.
(e) A person who is unable to understand highway warning or
direction signs in the English language.
(f) A person who is unable to pass a knowledge, skill, or
ability test administered by the secretary of state in connection
with the issuance of an original operator's or chauffeur's license,
original motorcycle indorsement, or an original or renewal of a
vehicle group designation or vehicle indorsement.
(g) A person who has been convicted of, has received a
juvenile disposition for, or has been determined responsible for 2
or more moving violations under a law of this state, a local
ordinance substantially corresponding to a law of this state, or a
law of another state substantially corresponding to a law of this
state within the preceding 3 years, if the violations occurred
before issuance of an original license to the person in this or
another state.
(h) A nonresident including a foreign exchange student.
(i) A person who has failed to answer a citation or notice to
appear in court or for any matter pending or fails to comply with
an order or judgment of the court, including, but not limited to,
paying all fines, costs, fees, and assessments, in violation of
section 321a, until that person answers the citation or notice to
appear in court or for any matter pending or complies with an order
or judgment of the court, including, but not limited to, paying all
fines, costs, fees, and assessments, as provided under section
321a.
(j) A person not licensed under this act who has been
convicted of, has received a juvenile disposition for, or has been
determined responsible for a crime or civil infraction described in
section 319, 324, or 904. A person shall be denied a license under
this subdivision for the length of time corresponding to the period
of the licensing sanction that would have been imposed under
section 319, 324, or 904 if the person had been licensed at the
time of the violation.
(k) A person not licensed under this act who has been
convicted of or received a juvenile disposition for committing a
crime described in section 319e. A person shall be denied a license
under this subdivision for the length of time that corresponds to
the period of the licensing sanction that would have been imposed
under section 319e if the person had been licensed at the time of
the violation.
(l) A person not licensed under this act who is determined to
have violated section 33b(1) of former 1933 (Ex Sess) PA 8, section
703(1) of the Michigan liquor control code of 1998, 1998 PA 58, MCL
436.1703, or section 624a or 624b of this act. The person shall be
denied a license under this subdivision for a period of time that
corresponds to the period of the licensing sanction that would have
been imposed under those sections had the person been licensed at
the time of the violation.
(2)
The secretary of state may deny issuance of an operator's
license
until the age of 17 to a person not licensed under this act
who
was convicted of or received a juvenile disposition for
violating
or attempting to violate section 411a(2) of the Michigan
penal
code, 1931 PA 328, MCL 750.411a, involving a school when he
or
she was less than 14 years of age. A person not issued a license
under
this subdivision is not eligible to begin graduated licensing
training
until he or she attains 16 years of age.
(3)
The secretary of state may deny issuance of an operator's
license
to a person less than 21 years of age not licensed under
this
act who was convicted of or has received a juvenile
disposition
for violating or attempting to violate section 411a(2)
of
the Michigan penal code, 1931 PA 328, MCL 750.411a, involving a
school
when he or she was 14 years of age or older, until 3 years
after
the date of the conviction or juvenile disposition. A person
not
issued a license under this subdivision is not eligible to
begin
graduated licensing training or otherwise obtain an original
operator's
or chauffeur's license until 3 years after the date of
the
conviction or juvenile disposition.
(4)
The secretary of state shall deny issuance of a vehicle
group
designation to a person if the person has been disqualified
by
the United States secretary of transportation from operating a
commercial
motor vehicle.
(2) (5)
Upon receiving the appropriate
records of
conviction, the secretary of state shall revoke the operator's or
chauffeur's license of a person and deny issuance of an operator's
or chauffeur's license to a person having any of the following,
whether under a law of this state, a local ordinance substantially
corresponding to a law of this state, or a law of another state
substantially corresponding to a law of this state:
(a) Any combination of 2 convictions within 7 years for
reckless driving in violation of section 626.
(b) Any combination of 2 or more convictions within 7 years
for any of the following:
(i) A felony in which a motor vehicle was used.
(ii) A violation or attempted violation of section 601b(2) or
(3), section 601c(1) or (2), section 602a(4) or (5), section 617,
section 653a(3) or (4), or section 904(4) or (5).
(iii) Negligent homicide, manslaughter, or murder resulting from
the operation of a vehicle or an attempt to commit any of those
crimes.
(iv) A violation or attempted violation of section 479a(4) or
(5) of the Michigan penal code, 1931 PA 328, MCL 750.479a.
(c) Any combination of 2 convictions within 7 years for any of
the following or a combination of 1 conviction for a violation or
attempted violation of section 625(6) and 1 conviction for any of
the following within 7 years:
(i) A violation or attempted violation of section 625, except a
violation of section 625(2), or a violation of any prior enactment
of section 625 in which the defendant operated a vehicle while
under the influence of intoxicating or alcoholic liquor or a
controlled substance, or a combination of intoxicating or alcoholic
liquor and a controlled substance, or while visibly impaired, or
with an unlawful bodily alcohol content.
(ii) A violation or attempted violation of section 625m.
(iii) Former section 625b.
(d) One conviction for a violation or attempted violation of
section 315(5), section 601b(3), section 601c(2), section 602a(4)
or (5), section 617, section 625(4) or (5), section 653a(4), or
section 904(4) or (5).
(e) One conviction of negligent homicide, manslaughter, or
murder resulting from the operation of a vehicle or an attempt to
commit any of those crimes.
(f) One conviction for a violation or attempted violation of
section 479a(4) or (5) of the Michigan penal code, 1931 PA 328, MCL
750.479a.
(g) Any combination of 3 convictions within 10 years for any
of the following or 1 conviction for a violation or attempted
violation of section 625(6) and any combination of 2 convictions
for any of the following within 10 years, if any of the convictions
resulted from an arrest on or after January 1, 1992:
(i) A violation or attempted violation of section 625, except a
violation of section 625(2), or a violation of any prior enactment
of section 625 in which the defendant operated a vehicle while
under the influence of intoxicating or alcoholic liquor or a
controlled substance, or a combination of intoxicating or alcoholic
liquor and a controlled substance, or while visibly impaired, or
with an unlawful bodily alcohol content.
(ii) A violation or attempted violation of section 625m.
(iii) Former section 625b.
(3) (6)
The secretary of state shall
revoke a license under
subsection
(5) (2) notwithstanding a court order unless the court
order complies with section 323.
(4) (7)
The secretary of state shall not
issue a license
under this act to a person whose license has been revoked under
this
act or revoked and denied under subsection (5) (2) until
all
of the following occur, as applicable:
(a) The later of the following:
(i) The expiration of not less than 1 year after the license
was revoked or denied.
(ii) The expiration of not less than 5 years after the date of
a subsequent revocation or denial occurring within 7 years after
the date of any prior revocation or denial.
(b)
For a denial under subsection (5)(a) (2)(a), (b), (c),
and (g), the person rebuts by clear and convincing evidence the
presumption resulting from the prima facie evidence that he or she
is a habitual offender. The convictions that resulted in the
revocation and denial constitute prima facie evidence that he or
she is a habitual offender.
(c) The person meets the requirements of the department.
(5) The secretary of state may deny issuance of an operator's
license as follows:
(a) Until the age of 17, to a person not licensed under this
act who was convicted of or received a juvenile disposition for
violating or attempting to violate section 411a(2) of the Michigan
penal code, 1931 PA 328, MCL 750.411a, involving a school when he
or she was less than 14 years of age. A person not issued a license
under this subdivision is not eligible to begin graduated licensing
training until he or she attains 16 years of age.
(b) To a person less than 21 years of age not licensed under
this act who was convicted of or received a juvenile disposition
for violating or attempting to violate section 411a(2) of the
Michigan penal code, 1931 PA 328, MCL 750.411a, involving a school
when he or she was less than 14 years of age or older, until 3
years after the date of the conviction or juvenile disposition. A
person not issued a license under this subdivision is not eligible
to begin graduated licensing training or otherwise obtain an
original operator's or chauffeur's license until 3 years after the
date of the conviction or juvenile disposition.
(6) The secretary of state shall deny issuance of a vehicle
group designation to a person if the person has been disqualified
by the United States secretary of transportation from operating a
commercial motor vehicle.
(7) (8)
Multiple convictions or civil
infraction
determinations resulting from the same incident shall be treated as
a single violation for purposes of denial or revocation of a
license under this section.
(8) (9)
As used in this section,
"felony in which a motor
vehicle was used" means a felony during the commission of which the
person operated a motor vehicle and while operating the vehicle
presented real or potential harm to persons or property and 1 or
more of the following circumstances existed:
(a) The vehicle was used as an instrument of the felony.
(b) The vehicle was used to transport a victim of the felony.
(c) The vehicle was used to flee the scene of the felony.
(d) The vehicle was necessary for the commission of the
felony.
Sec. 307. (1) An applicant for an operator's or chauffeur's
license shall supply a birth certificate attesting to his or her
age or other sufficient documents or identification as the
secretary of state may require. An application for an operator's or
chauffeur's license shall be made in a manner prescribed by the
secretary of state and shall contain all of the following:
(a) The applicant's full name, date of birth, residence
address, height, sex, eye color, signature, beginning January 1,
2007, intent to be an organ donor, other information required or
permitted on the license under this chapter, and, to the extent
required to comply with federal law, the applicant's social
security number. The applicant may provide a mailing address if the
applicant receives mail at an address different from his or her
residence address.
(b) The following notice shall be included to inform the
applicant that under sections 509o and 509r of the Michigan
election law, 1954 PA 116, MCL 168.509o and 168.509r, the secretary
of state is required to use the residence address provided on this
application as the applicant's residence address 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 you provide in this application differs from
your voter registration address as it appears on the qualified
voter file, the secretary of state will automatically change your
voter registration to match the residence address on this
application, after which your voter registration at your former
address will no longer be valid for voting purposes. A new voter
registration card, containing the information of your polling
place, will be provided to you by the clerk of the jurisdiction
where your residence address is located.".
(c) For an original or renewal operator's or chauffeur's
license with a vehicle group designation or indorsement, the names
of all states where the applicant has been licensed to drive any
type of motor vehicle during the previous 10 years.
(d) For an operator's or chauffeur's license with a vehicle
group designation or indorsement, the following certifications by
the applicant:
(i) The applicant meets the applicable federal driver
qualification requirements under 49 CFR part 391 if the applicant
operates or intends to operate in interstate commerce or meets the
applicable qualifications under the rules promulgated by the
department of state police under the motor carrier safety act of
1963, 1963 PA 181, MCL 480.11 to 480.22, if the applicant operates
or intends to operate in intrastate commerce.
(ii) The vehicle in which the applicant will take the driving
skills tests is representative of the type of vehicle the applicant
operates or intends to operate.
(iii) The applicant is not subject to disqualification by the
United States secretary of transportation, or a suspension,
revocation, or cancellation under any state law for conviction of
an offense described in section 312f or 319b.
(iv) The applicant does not have a driver's license from more
than 1 state or jurisdiction.
(e) An applicant for an operator's or chauffeur's license with
a
vehicle group designation and a hazardous material indorsement
(H
vehicle indorsement) shall provide his or her fingerprints
that
were taken by a as
prescribed by state and federal law.
enforcement
official or a designated representative for
investigation
as required by the uniting and strengthening America
by
providing appropriate tools required to intercept and obstruct
terrorism
(USA PATRIOT ACT) Act of 2001, Public Law 107-56.
(2) Except as provided in this subsection, an applicant for an
operator's or chauffeur's license may have his or her image and
signature captured or reproduced when the application for the
license is made. An applicant required under section 5a of the sex
offenders registration act, 1994 PA 295, MCL 28.725a, to maintain a
valid operator's or chauffeur's license or official state personal
identification card shall have his or her image and signature
captured or reproduced when the application for the license is
made. The secretary of state shall acquire by purchase or lease the
equipment for capturing the images and signatures and may furnish
the equipment to a local unit authorized by the secretary of state
to license drivers. The secretary of state shall acquire equipment
purchased or leased pursuant to this section under standard
purchasing procedures of the department of management and budget
based on standards and specifications established by the secretary
of state. The secretary of state shall not purchase or lease
equipment until an appropriation for the equipment has been made by
the legislature. An image and signature captured pursuant to this
section shall appear on the applicant's operator's or chauffeur's
license. Except as provided in this subsection, the secretary of
state may retain and use a person's image and signature described
in this subsection only for programs administered by the secretary
of state. Except as provided in this subsection, the secretary of
state shall not use a person's image or signature, or both, unless
the person grants written permission for that purpose to the
secretary of state or specific enabling legislation permitting the
use is enacted into law. A law enforcement agency of this state has
access to information retained by the secretary of state under this
subsection. The information may be utilized for any law enforcement
purpose unless otherwise prohibited by law. The department of state
police shall provide to the secretary of state updated lists of
persons required to be registered under the sex offenders
registration act, 1994 PA 295, MCL 28.721 to 28.732, and the
secretary of state shall make the images of those persons available
to the department of state police as provided in that act.
(3) An application shall contain a signature or verification
and certification by the applicant, as determined by the secretary
of state, and shall be accompanied by the proper fee. The secretary
of state shall collect the application fee with the application.
The secretary of state shall refund the application fee to the
applicant if the license applied for is denied, but shall not
refund the fee to an applicant who fails to complete the
examination requirements of the secretary of state within 90 days
after the date of application for a license.
(4) In conjunction with the application for or issuance of an
operator's or chauffeur's license, the secretary of state shall do
all of the following:
(a) Provide the applicant with all of the following:
(i) Written information Information explaining the
applicant's right to make an anatomical gift in the event of death
in accordance with section 310.
(ii) Written information Information describing the organ,
donation
tissue, and eye donor registry program. maintained by
Michigan's
federally designated organ procurement organization or
its
successor organization. The written information required
under
this subparagraph shall include, in a type size and format
that
is conspicuous in relation to the surrounding material,
includes the address and telephone number of Michigan's federally
designated organ procurement organization or its successor
organization. ,
along with an advisory to call Michigan's
federally
designated organ procurement organization or its
successor
organization with questions about the organ donor
registry
program.
(iii) Written information Information giving the applicant the
opportunity
to be placed on the organ donation registry described
in subparagraph (ii).
(b) Provide the applicant with the opportunity to specify on
his or her operator's or chauffeur's license that he or she is
willing to make an anatomical gift in the event of death in
accordance with section 310.
(c)
Inform the applicant in writing that, if he or she
indicates to the secretary of state under this section a
willingness
to have his or her name placed on the
organ donor
registry described in subdivision (a)(ii), the secretary of state
will forward
mark the applicant's name and address to record
for
the organ donation registry. maintained
by Michigan's
federally
designated organ procurement organization or its
successor
organization, as required by subsection (6).
(d) Provide the applicant with the opportunity to make a
donation of $1.00 or more to the organ and tissue donation
education fund created under section 217o. A donation made under
this provision
subdivision shall be deposited in the state
treasury to the credit of the organ and tissue donation education
fund.
(5) The secretary of state may fulfill the requirements of
subsection (4) by 1 or more of the following methods:
(a) Providing printed material enclosed with a mailed notice
for an operator's or chauffeur's license renewal or the issuance of
an operator's or chauffeur's license.
(b) Providing printed material to an applicant who personally
appears at a secretary of state branch office.
(c) Through electronic information transmittals for operator's
and chauffeur's licenses processed by electronic means.
(6) If
Until January 1, 2007, if an applicant indicates a
willingness under this section to have his or her name placed on
the organ donor registry described in subsection (4)(a)(ii), the
secretary of state shall within 10 days forward the applicant's
name and address to the organ donor registry maintained by
Michigan's federally designated organ procurement organization or
its successor organization. The secretary of state may forward
information under this subsection by mail or by electronic means.
The secretary of state shall not maintain a record of the name or
address of an individual who indicates a willingness to have his or
her name placed on the organ donor registry after forwarding that
information to the organ donor registry under this subsection.
Information about an applicant's indication of a willingness to
have his or her name placed on the organ donor registry that is
obtained by the secretary of state under subsection (4) and
forwarded
under this subsection is exempt from disclosure under the
freedom
of information act, 1976 PA 442, MCL 15.231 to 15.246,
pursuant
to section 13(1)(d) of the freedom of information act,
1976 PA 442, MCL 15.243. Beginning January 1, 2007, the secretary
of state shall maintain a record of an individual who indicates a
willingness to have his or her name placed on the registry
described in subsection (4)(a)(ii). Information about an applicant's
indication of a willingness to have his or her name placed on the
registry that is obtained by the secretary of state under
subsection (4) and forwarded under subsection (14) is exempt from
disclosure under section 13(1)(d) of the freedom of information
act, 1976 PA 442, MCL 15.243.
(7) If an application is received from a person previously
licensed in another jurisdiction, the secretary of state shall
request a copy of the applicant's driving record and other
available information from the national driver register. When
received, the driving record and other available information become
a part of the driver's record in this state.
(8) If an application is received for an original, renewal, or
upgrade of a vehicle group designation or indorsement, the
secretary of state shall request the person's complete driving
record from all states where the applicant was previously licensed
to drive any type of motor vehicle over the last 10 years before
issuing a vehicle group designation or indorsement to the
applicant. If the applicant does not hold a valid commercial motor
vehicle driver license from a state where he or she was licensed in
the last 10 years, this complete driving record request must be
made not earlier than 24 hours before the secretary of state issues
the applicant a vehicle group designation or indorsement. For all
other drivers, this request must be made not earlier than 10 days
before the secretary of state issues the applicant a vehicle group
designation or indorsement. The secretary of state shall also check
the applicant's driving record with the national driver register
and the federal commercial driver license information system before
issuing that group designation or indorsement. If the application
is for the renewal of a vehicle group designation or indorsement,
and if the secretary of state enters on the person's historical
driving record maintained under section 204a a notation that the
request was made and the date of the request, the secretary of
state is required to request the applicant's complete driving
record from other states only once under this section.
(9) Except for a vehicle group designation or indorsement or
as provided in this subsection, the secretary of state may issue a
renewal operator's or chauffeur's license for 1 additional 4-year
period by mail or by other methods prescribed by the secretary of
state. The secretary of state may check the applicant's driving
record through the national driver register and the commercial
driver license information system before issuing a license under
this section. The secretary of state shall issue a renewal license
only in person if the person is a person required under section 5a
of the sex offenders registration act, 1994 PA 295, MCL 28.725a, to
maintain a valid operator's or chauffeur's license or official
state personal identification card. If a license is renewed by mail
or by other method, the secretary of state shall issue evidence of
renewal to indicate the date the license expires in the future. The
department of state police shall provide to the secretary of state
updated lists of persons required under section 5a of the sex
offenders registration act, 1994 PA 295, MCL 28.725a, to maintain a
valid operator's or chauffeur's license or official state personal
identification card.
(10) Upon request, the secretary of state shall provide an
information manual to an applicant explaining how to obtain a
vehicle group designation or indorsement. The manual shall contain
the information required under 49 CFR part 383.
(11) The secretary of state shall not disclose a social
security number obtained under subsection (1) to another person
except for use for 1 or more of the following purposes:
(a) Compliance with 49 USC 31301 to 31317 and regulations and
state law and rules related to this chapter.
(b) Through the law enforcement information network, to carry
out the purposes of section 466(a) of the social security act, 42
USC 666, in connection with matters relating to paternity, child
support, or overdue child support.
(c) To check an applicant's driving record through the
national driver register and the commercial driver license
information system when issuing a license under this act.
(d) As otherwise required by law.
(12) The secretary of state shall not display a person's
social security number on the person's operator's or chauffeur's
license.
(13) A requirement under this section to include a social
security number on an application does not apply to an applicant
who demonstrates he or she is exempt under law from obtaining a
social security number or to an applicant who for religious
convictions is exempt under law from disclosure of his or her
social security number under these circumstances. The secretary of
state shall inform the applicant of this possible exemption.
(14) Beginning January 1, 2007, the secretary of state shall
maintain the organ, tissue, and eye donor registry in a manner that
provides electronic access to this state's federally designated
organ procurement organizations, their successor organizations, and
tissue and eye banks with limitations on the use and access to the
donor registry as determined by the secretary of state.
Sec. 812. (1) Except as otherwise provided in subsection (2),
for each duplicate license as provided in section 313, and for each
correction of a license, a person may apply for renewal of the
license and pay the renewal fee prescribed in this act or the
person may, at his or her option and upon payment of the fee
prescribed in this section, apply for a duplicate license which
expires on the same date as the license which was lost, destroyed,
mutilated, or became illegible. The secretary of state may check
the applicant's driving record through the national driver register
and the commercial driver license information system before issuing
a license under this section. The fee for a duplicate chauffeur's
license shall
be is $18.00. The fee for a duplicate operator's
license shall
be is $9.00. A renewal fee shall not be charged for
a
change of address, or a correction required to correct a
department error, or, beginning January 1, 2007, to add or remove a
heart insignia described in section 310.
(2) Except with regard to a person who is less than 21 years
of age or a person with a license containing a hazardous material
indorsement, for each duplicate license as provided in section 313,
and for each correction of a license, a person shall apply for
renewal of the license and pay the renewal fee prescribed in this
act if the license was due to expire within the next 12 months.
Except as otherwise provided in this act, a license renewed under
this subsection shall be renewed for the combined period of the
time remaining on the license before its renewal and the 4-year
renewal period.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) House Bill No. 4082.
(b) Senate Bill No.____ or House Bill No.____ (request no.
01179'05).
(c) Senate Bill No.____ or House Bill No. 4469(request no.
02184'05).