HOUSE BILL No. 6084

May 18, 2006, Introduced by Reps. LaJoy, Nitz, Casperson, Marleau, Schuitmaker, David Law and Pastor and referred to the Committee on Transportation.

      A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 248f, 302, 302a, 303, 306, 307, 307a, 312e,

312f, 314, 319b, 319f, 319g, 324, 732, 801c, 811k, and 907 (MCL

257.248f, 257.302, 257.302a, 257.303, 257.306, 257.307, 257.307a,

257.312e, 257.312f, 257.314, 257.319b, 257.319f, 257.319g,

257.324, 257.732, 257.801c, 257.811k, and 257.907), section 248f

as added by 1993 PA 300, section 302 as amended by 1991 PA 100,

section 302a as added by 1990 PA 181, sections 303 and 307 as

amended by 2005 PA 142, sections 306, 312e, 312f, and 314 as

amended by 2004 PA 362, section 307a as added by 1988 PA 346,

sections 319b, 319g, and 732 as amended by 2004 PA 495, section

319f as added by 1996 PA 404, section 324 as amended by 2001 PA

159, section 801c as amended by 1980 PA 281, section 811k as

added by 2000 PA 73, and section 907 as amended by 2005 PA 1, and

by adding section 303a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1        Sec. 248f. (1) The secretary of state shall  investigate the

 2  criminal history of each person required to be named on an

 3  application for a vehicle dealer or salvage vehicle agent license

 4  not license a person as a vehicle dealer or salvage vehicle agent

 5  before requesting a criminal history check of the person and

 6  receiving a criminal history report of the person from both the

 7  department of state police and federal bureau of investigation.

 8        (2) Each person required to be named on an application shall

 9  submit to the secretary of state 2 sets of his or her

10  fingerprints which shall have been taken by a law enforcement

11  official for investigation under this section. One set of

12  fingerprints shall be submitted on a form furnished by the

13  department of state police and be accompanied by a check or money

14  order made payable to the state of Michigan for the fee the

15  department of state police requires to process the prints. The

16  other set of fingerprints shall be submitted on a form furnished

17  by the federal bureau of investigation and be accompanied by a

18  check or money order made payable to the federal bureau of

19  investigation for the fee the federal bureau of investigation

20  requires to process the prints.

21        (3) Each set of fingerprints required in order to process an

22  application for a vehicle dealer or salvage vehicle agent license

23  shall be submitted to the secretary of state with the

24  application.

 1        (4) The secretary of state shall forward the fingerprints on

 2  the department of state police form with the required fees to the

 3  department of state police for the purpose of receiving the

 4  information maintained by the department of state police of the

 5  fingerprint owner's conviction and nonconviction criminal history

 6  record. The secretary of state shall forward the fingerprints on

 7  the federal bureau of investigation form with the required fees

 8  to the federal bureau of investigation or other agency designated

 9  by the federal bureau of investigation for the purpose of

10  receiving the information maintained by the federal bureau of

11  investigation of the fingerprint owner's conviction and

12  nonconviction criminal history record.

13        (2) Each criminal history check required under this section

14  shall be requested, and a criminal history report shall be

15  obtained, from both the department of state police and the

16  federal bureau of investigation.

17        (3) Each person required to be named on an application shall

18  submit his or her fingerprints for a criminal history check to

19  the department of state police in a format as prescribed by the

20  department of state police. The fees required by the department

21  of state police or the federal bureau of investigation, as

22  applicable, to conduct the criminal history check shall accompany

23  a request for a criminal history check.

24        (4) The department of state police shall conduct a criminal

25  history check not more than 45 days after receiving a proper

26  request and the required fee for a criminal history check under

27  this section. After conducting the criminal history check and

 1  within the same 45-day period, the department of state police

 2  shall provide the secretary of state with a report of the

 3  criminal history check. The report shall contain any criminal

 4  history record information concerning the person who is the

 5  subject of the request that is maintained by the department of

 6  state police.

 7        (5) Except as otherwise provided in this act, the secretary

 8  of state shall not approve an original vehicle dealer or salvage

 9  vehicle agent license before receiving and reviewing the

10  applicable criminal history reports from the department of state

11  police and the federal bureau of investigation.

12        (6) The secretary of state shall use criminal history record

13  information received under this section to evaluate an

14  applicant's qualifications to receive a vehicle dealer or salvage

15  vehicle agent license under this act. The secretary of state may

16  only discuss a criminal history report or its contents with the

17  following people:

18        (a) Staff of the secretary of state who are involved in

19  determining whether an applicant's vehicle dealer license or

20  salvage vehicle agent license should be denied, suspended, or

21  revoked.

22        (b) Staff of the department of state police.

23        (c) A person who was involved in the prosecution or defense

24  of a criminal matter noted in a criminal history report.

25        (d) The applicant or his or her attorney.

26        (7) A person who violates subsection (6) is guilty of a

27  misdemeanor punishable by a fine of not more than $10,000.00.

 1        (8) As used in this section, "criminal history record

 2  information" means that term as defined in section 1a of 1925 PA

 3  289, MCL 28.241a.

 4  (9)  (5) This section does not apply to a person whose

 5  fingerprints have  criminal history has previously been

 6  investigated by the secretary of state and who is applying for

 7  the renewal of a vehicle dealer license or salvage vehicle agent

 8  license.

 9        Sec. 302. The following persons are exempt from obtaining a

10  license under this chapter:

11        (a) A person serving in the armed forces of the United

12  States if furnished with a driver's permit and operating an

13  official motor vehicle in that service or a person who is a

14  military driver and operates a commercial motor vehicle for a

15  military purpose.  A  This exemption applies to active duty

16  military personnel, members of the military reserves, active duty

17  United States coast guard personnel, and members of the national

18  guard while on active duty, including, but not limited to,

19  personnel on full-time national guard duty, personnel on part-

20  time national guard training, and national guard military

21  technicians who are civilians required to wear military uniforms.

22  This exemption does not apply to any of the following:

23        (i) United States reserve technicians.

24        (ii) Except as otherwise provided in this subdivision, a

25  person who is a civilian and in the employ of the armed forces of

26  the United States.  is not exempt from obtaining a license under

27  this chapter.

 1        (b) A person while driving or operating a road roller, a

 2  snow motor, road machinery, or a farm tractor or implement of

 3  husbandry temporarily drawn, moved, or propelled on a highway.

 4        (c) A nonresident who is not less than 16 years of age and

 5  who has been licensed either as an operator or a chauffeur under

 6  a law requiring the licensing of operators or chauffeurs in his

 7  or her home state and who has in his or her immediate possession

 8  either a valid operator's or a valid chauffeur's license issued

 9  to him or her in his or her home state.

10        (d) A nonresident who is over the age of 17 years, whose

11  home state does not require the licensing of operators, may

12  operate a motor vehicle as an operator only, for a period of not

13  more than 90 days in any calendar year, if  the  all of the

14  following apply:

15        (i) The motor vehicle is registered in the home state or

16  country of the nonresident.  and the

17        (ii) The nonresident has in his or her immediate possession a

18  registration card evidencing ownership and registration of the

19  motor vehicle in his or her home state or country, or is able at

20  any time or place required to prove lawful possession or the

21  right to operate the motor vehicle and to establish his or her

22  proper identity.

23        (e) A person who is a member of the armed forces of the

24  United States on official leave, who on the date of his or her

25  orders granting leave possessed an operator's or chauffeur's

26  license, valid except for the expiration date of the license.

27  This  section  exemption applies only to the person's first leave

 1  of absence following the expiration of his or her license and

 2  exempts the person from the provisions of this act for a period

 3  not to exceed 30 days.

 4        (f) A person who is a discharged member of the armed forces

 5  of the United States, who on the date of his or her discharge

 6  possesses an operator's or chauffeur's license, valid except for

 7  the expiration date, for a period not to exceed 30 days from date

 8  of discharge.

 9        (g) A person who is a member of the armed forces of the

10  United States, stationed in this state, who is a resident of

11  another state and has a valid license issued by his or her state

12  of residence.

13        (h) A person while operating a commercial motor vehicle in

14  the course of a driving test administered by a certified examiner

15  appointed by the secretary of state and while accompanied by the

16  examiner.

17        (i) A person while operating a commercial motor vehicle who

18  is not disqualified from operating a commercial motor vehicle and

19  who holds a commercial driver license that is issued to him or

20  her by another state or jurisdiction under 49 CFR part 383.

21        Sec. 302a. (1) Except as otherwise provided by this act, a

22  nonresident operator of a motor vehicle  ,  who is the holder of

23  a license to operate a motor vehicle in the country in which he

24  or she resides  , shall not be  is not required to obtain a

25  license to operate  any  a passenger vehicle within this state,

26  if he or she does not receive compensation for such operation.

27  This  section shall  subsection does not apply unless  the  all

 1  of the following conditions have been satisfied:

 2        (a) The secretary of state determines that the standards of

 3  the other country for licensing operators correspond

 4  substantially to those of this state and that the other country

 5  extends the same privileges to persons licensed to operate

 6  vehicles by this state. This section shall not apply unless the

 7        (b) The secretary of state and the other country have

 8  exchanged letters confirming the reciprocal extension of

 9  privileges to operate vehicles.

10        (2)  On May 1 and November 1 each year, the  The secretary

11  of state shall publish on its public internet site a list of the

12  countries for which reciprocal operating privileges have been

13  extended and withdrawn.  The  If any changes are made, a revised

14  list shall be mailed to the courts, prosecuting attorneys, and

15  law enforcement agencies of this state.

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

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

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

19  age, except as otherwise provided in this act.

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

21  age, except as otherwise provided in this act.

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

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

24  cancellation is not from the jurisdiction that issued the last

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

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

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

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

 2  afflicted with or suffering from a physical or mental disability

 3  or disease preventing that person from exercising reasonable and

 4  ordinary control over a motor vehicle while operating the motor

 5  vehicle upon the highways.

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

 7  direction signs in the English language.

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

 9  ability test administered by the secretary of state in connection

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

11  license, original motorcycle indorsement, or an original or

12  renewal of a vehicle group designation or vehicle indorsement.

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

14  juvenile disposition for, or has been determined responsible for

15  2 or more moving violations under a law of this state, a local

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

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

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

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

20  this state, another state, or another country.

21        (h) A nonresident, including, but not limited to, a foreign

22  exchange student.

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

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

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

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

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

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

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

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

 4  as provided under section 321a.

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

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

 7  been determined responsible for a crime or civil infraction

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

 9  license under this subdivision for the length of time

10  corresponding to the period of the licensing sanction that would

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

12  had been licensed at the time of the violation.

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

14  convicted of or received a juvenile disposition for committing a

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

16  license under this subdivision for the length of time that

17  corresponds to the period of the licensing sanction that would

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

19  licensed at the time of the violation.

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

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

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

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

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

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

26  sanction that would have been imposed under those sections had

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

 1        (m) A person whose commercial driver license application is

 2  canceled under section 324(2).

 3        (2) Upon receiving the appropriate records of conviction,

 4  the secretary of state shall revoke the operator's or chauffeur's

 5  license of a person and deny issuance of an operator's or

 6  chauffeur's license to a person having any of the following,

 7  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) The secretary of state shall revoke a license under

 9  subsection (2) notwithstanding a court order unless the court

10  order complies with section 323.

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

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

13  act or revoked and denied under subsection (2) until all of the

14  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 (2)(a), (b), (c), and (g),

22  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) Multiple convictions or civil infraction determinations

27  resulting from the same incident shall be treated as a single

 1  violation for purposes of denial or revocation of a license under

 2  this section.

 3        (8) 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. 303a. Except as otherwise provided in this act, the

15  suspension, revocation, denial, disqualification, or cancellation

16  of an operator's license, chauffeur's license, or commercial

17  driver license by another state or the United States shall run

18  concurrently with a suspension, revocation, denial,

19  disqualification, or cancellation of an operator's license,

20  chauffeur's license, or commercial driver license by this state

21  that is imposed for the same offense.

22        Sec. 306. (1) The secretary of state, upon receiving an

23  application for a temporary instruction permit from a person who

24  is 18 years of age or older, may issue that permit entitling the

25  applicant, while carrying the permit, to drive a motor vehicle

26  other than a motor vehicle requiring an indorsement under section

27  312a or a vehicle group designation under section 312e upon the

 1  highways for a period of 180 days when accompanied by a licensed

 2  adult operator or chauffeur who is actually occupying a seat

 3  beside the driver.

 4        (2) The secretary of state may issue an original operator's

 5  license and designate level 1, 2, or 3 graduated licensing

 6  provisions to a person who is less than 18 years of age, has been

 7  licensed in another state or country, and has satisfied the

 8  applicable requirements of section 310e.

 9        (3) A student enrolled in a driver education course as that

10  term is defined in section 1 of the driver education and training

11  schools act, 1974 PA 369, MCL 256.601, or a motorcycle safety

12  course approved by the department of state may operate a motor

13  vehicle without holding an operator's license or permit while

14  under the direct supervision of the program instructor.

15        (4) A student enrolled in a driver education course as that

16  term is defined in section 1 of the driver education and training

17  schools act, 1974 PA 369, MCL 256.601, and who has successfully

18  completed 10 hours of classroom instruction and the equivalent of

19  2 hours of behind-the-wheel training may be issued a temporary

20  driver education certificate furnished by the department of state

21  that authorizes a student to drive a motor vehicle, other than a

22  motor vehicle requiring an indorsement pursuant to section 312a

23  or a vehicle group designation pursuant to section 312e, when

24  accompanied by a licensed parent or guardian, or when accompanied

25  by a nonlicensed parent or guardian and a licensed adult for the

26  purpose of receiving additional instruction until the end of the

27  student's driver education course.

 1        (5) The secretary of state, upon receiving proper

 2  application from a person 16 or 17 years of age who is enrolled

 3  in or has successfully completed an approved motorcycle safety

 4  course under section 811a, or a person who is 18 years of age or

 5  older and who holds a valid operator's or chauffeur's license,

 6  may issue a motorcycle temporary instruction permit entitling the

 7  applicant, while carrying the permit, to operate a motorcycle

 8  upon the public streets and highways for a period of 180 days,

 9  but only when under the constant visual supervision of a licensed

10  motorcycle operator at least 18 years of age. The applicant shall

11  not operate the motorcycle at night or with a passenger.

12        (6)  The  Except as prohibited under federal law, the

13  secretary of state, upon receiving proper application from a

14  person who is 18 years of age or older, who holds a valid

15  operator's or chauffeur's license other than a restricted

16  license, and who has passed the knowledge test for an original

17  vehicle group designation or indorsement, may issue a temporary

18  instruction permit entitling the person, while carrying the

19  permit, to drive a vehicle requiring a vehicle group designation

20  or vehicle group indorsement under section 312e upon the streets

21  and highways for a period of 180 days, but only when accompanied

22  by a licensed adult operator or chauffeur who is licensed with

23  the appropriate vehicle group designation and indorsement for the

24  vehicle group being driven and who is actually occupying a seat

25  beside the driver, or behind the driver if the permittee is

26  driving a bus or school bus. In addition, if a permittee is

27  enrolled in a driver training program for drivers of motor

 1  vehicles requiring a vehicle group designation or vehicle group

 2  indorsement under section 312e, which program is conducted by a

 3  college, a university, a school licensed by the department under

 4  the driver education and training schools act, 1974 PA 369, MCL

 5  256.601 to 256.612, or a local or intermediate school district,

 6  the permittee may drive a vehicle requiring a vehicle group

 7  designation or vehicle group indorsement on the streets and

 8  highways of this state for a period of 180 days when accompanied

 9  by an instructor licensed with the appropriate vehicle group

10  designation and indorsement for the vehicle being driven who is

11  either occupying the seat beside the driver or in direct visual

12  and audio communication with the permittee. A person issued a

13  temporary instruction permit under this section shall not operate

14  a vehicle designed to carry 16 or more passengers that is

15  transporting passengers except with an instructor licensed with

16  the appropriate vehicle group designation and indorsement for the

17  vehicle being driven or a driver skills test examiner.

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

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

20  age or other sufficient documents or identification as the

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

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

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

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

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

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

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

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

 2  social security number. The applicant may provide a mailing

 3  address if the applicant receives mail at an address different

 4  from his or her residence address.

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

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

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

 8  secretary of state is required to use the residence address

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

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

11       "NOTICE: Michigan law requires that the same address

12       be used for voter registration and driver license

13       purposes. Therefore, if the residence address

14       you provide in this application differs from your

15       voter registration address as it appears on the

16       qualified voter file, the secretary of state

17       will automatically change your voter registration

18       to match the residence address on this application,

19       after which your voter registration at your former

20       address will no longer be valid for voting purposes.

21       A new voter registration card, containing the

22       information of your polling place, will be provided

23       to you by the clerk of the jurisdiction where your

24       residence address is located.".

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

26  license with a vehicle group designation or indorsement, the

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

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

 1        (d) 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 driver

 5  qualification requirements under 49 CFR part 391 if the applicant

 6  operates or intends to operate in interstate commerce or meets

 7  the applicable qualifications  under the rules promulgated by  of

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

 9  of 1963, 1963 PA 181, MCL 480.11 to  480.22  480.25, if the

10  applicant operates or intends to operate in intrastate commerce.

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

12  skills tests is representative of the type of vehicle the

13  applicant operates or intends to operate.

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

15  United States secretary of transportation, or a suspension,

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

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

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

19  than 1 state or jurisdiction.

20        (e) An applicant for an operator's or chauffeur's license

21  with a vehicle group designation and a hazardous material

22  indorsement shall provide his or her fingerprints as prescribed

23  by state and federal law.

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  28.736, and the secretary of state shall make the images

 5  of those persons available to the department of state police as

 6  provided 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) Information explaining the applicant's right to make an

21  anatomical gift in the event of death in accordance with section

22  310.

23        (ii) Information describing the organ, tissue, and eye donor

24  registry program. The information required under this

25  subparagraph includes the address and telephone number of

26  Michigan's federally designated organ procurement organization or

27  its successor organization.

 1        (iii) Information giving the applicant the opportunity to be

 2  placed on the registry described in subparagraph (ii).

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

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

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

 6  accordance with section 310.

 7        (c) Inform the applicant that, if he or she indicates to the

 8  secretary of state under this section a willingness to have his

 9  or her name placed on the registry described in subdivision

10  (a)(ii), the secretary of state will mark the applicant's record

11  for the registry.

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

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

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

15  this subdivision shall be deposited in the state treasury to the

16  credit of the organ and tissue donation education fund.

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

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

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

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

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

22        (b) Providing printed material to an applicant who

23  personally appears at a secretary of state branch office.

24        (c) Through electronic information transmittals for

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

26  means.

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

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

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

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

 4  name, and address, and date of birth to the organ donor registry

 5  maintained by Michigan's federally designated organ procurement

 6  organization or its successor organization. The secretary of

 7  state may forward information under this subsection by mail or by

 8  electronic means. The secretary of state shall not maintain a

 9  record of the name or address of an individual who indicates a

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

11  registry after forwarding that information to the organ donor

12  registry under this subsection. Information about an applicant's

13  indication of a willingness to have his or her name placed on the

14  organ donor registry that is obtained by the secretary of state

15  under subsection (4) and forwarded under this subsection is

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

17  information act, 1976 PA 442, MCL 15.243. Beginning January 1,

18  2007, the secretary of state shall maintain a record of an

19  individual who indicates a willingness to have his or her name

20  placed on the registry described in subsection (4)(a)(ii).

21  Information about an applicant's indication of a willingness to

22  have his or her name placed on the registry that is obtained by

23  the secretary of state under subsection (4) and forwarded under

24  subsection (14) is exempt from disclosure under section 13(1)(d)

25  of the freedom of information act, 1976 PA 442, MCL 15.243.

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

27  licensed in another jurisdiction, the secretary of state shall

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

 2  available information from the national driver register. When

 3  received, the driving record and other available information

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

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

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

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

 8  record from all states where the applicant was previously

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

10  years before issuing a vehicle group designation or indorsement

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

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

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

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

15  secretary of state issues the applicant a vehicle group

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

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

18  state issues the applicant a vehicle group designation or

19  indorsement. The secretary of state shall also check the

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

21  the federal commercial driver license information system before

22  issuing that group designation or indorsement. If the application

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

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

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

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

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

 1  record from other states only once under this section.

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

 3  as provided in this subsection or section 314(5), the secretary

 4  of state may issue a renewal operator's or chauffeur's license

 5  for 1 additional 4-year period by mail or by other methods

 6  prescribed by the secretary of state. The secretary of state may

 7  check the applicant's driving record through the national driver

 8  register and the commercial driver license information system

 9  before issuing a license under this section. The secretary of

10  state shall issue a renewal license only in person if the person

11  is a person required under section 5a of the sex offenders

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

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

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

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

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

17  department of state police shall provide to the secretary of

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

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

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

21  state personal identification card.

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

23  information manual to an applicant explaining how to obtain a

24  vehicle group designation or indorsement. The manual shall

25  contain the information required under 49 CFR part 383.

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

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

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

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

 3  and state law and rules related to this chapter.

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

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

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

 7  paternity, child support, or overdue child support.

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

 9  national driver register and the commercial driver license

10  information system when issuing a license under this act.

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

12  with vital records maintained by the department of community

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

14  333.2801 to 333.2899.

15        (e) As otherwise required by law.

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

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

18  license.

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

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

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

22  social security number or to an applicant who for religious

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

24  social security number under these circumstances. The secretary

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

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

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

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

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

 3  procurement organizations, their successor organizations, and

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

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

 6        Sec. 307a. For an operator or chauffeur license  which  that

 7  contains a vehicle group designation, the secretary of state

 8  shall issue a license that contains the information required

 9  under this act and all of the following information:

10        (a) The name and address of residence of the licensee.

11        (b) Date of birth.

12        (c) Height and sex.

13        (d) Information  as considered necessary  required by the

14  United States department of transportation  to identify the

15  licensee under 49 CFR 383.153.

16        (e) The vehicle group designation and any indorsement of a

17  commercial motor vehicle the licensee is authorized to operate.

18        (f) The name of this state.

19        (g) The expiration date of the license.

20        Sec. 312e. (1) Except as otherwise provided in this section,

21  a person, before operating a commercial motor vehicle, shall

22  obtain the required vehicle group designation as follows:

23        (a) A person, before operating a combination of vehicles

24  with a gross combination weight rating of 26,001 pounds or more

25  including a towed vehicle with a gross vehicle weight rating of

26  more than 10,000 pounds, shall procure a group A vehicle

27  designation on his or her operator's or chauffeur's license.

 1  Unless an indorsement or the removal of restrictions is required,

 2  a person licensed to operate a group A vehicle may operate a

 3  group B or C vehicle without taking another test.

 4        (b) A person, before operating a vehicle having a gross

 5  vehicle weight rating of 26,001 pounds or more, shall procure a

 6  group B vehicle designation on his or her operator's or

 7  chauffeur's license. Unless an indorsement or the removal of

 8  restrictions is required, a person licensed to operate a group B

 9  vehicle may operate a group C vehicle without taking another

10  test.

11        (c) A person, before operating a single vehicle having a

12  gross vehicle weight rating under 26,001 pounds or a vehicle

13  having a gross vehicle weight rating under 26,001 pounds towing a

14  trailer or other vehicle and carrying hazardous materials on

15  which a placard is required under 49 CFR parts 100 to 199, or

16  designed to transport 16 or more passengers including the driver,

17  shall procure a group C vehicle designation and a hazardous

18  material or passenger vehicle indorsement on his or her

19  operator's or chauffeur's license.

20        (2) An applicant for a vehicle group designation shall take

21  knowledge and driving skills tests that comply with minimum

22  federal standards prescribed in 49 CFR part 383 as required under

23  this act.

24        (3) The license shall be issued, suspended, revoked,

25  canceled, or renewed in accordance with this act.

26        (4) Except as provided in this subsection, all of the

27  following apply:

 1        (a) If a person operates a group B passenger vehicle while

 2  taking his or her driving skills test for a P indorsement, he or

 3  she is restricted to operating only group B or C passenger

 4  vehicles under that P indorsement. If a person operates a group B

 5  school bus while taking his or her driving skills test for an S

 6  indorsement, he or she is restricted to operating only group B or

 7  C school buses under that S indorsement.

 8        (b) If a person operates a group C passenger vehicle while

 9  taking his or her driving skills test for a P indorsement, he or

10  she is restricted to operating only group C passenger vehicles

11  under that P indorsement. If a person operates a group C school

12  bus while taking his or her driving skills test for an S

13  indorsement, he or she is restricted to operating only group C

14  school buses under that S indorsement.

15        (c) A person who fails the air brake portion of the written

16  or driving skills test provided under section 312f or who takes

17  the driving skills test provided under that section in a

18  commercial motor vehicle that is not equipped with air brakes

19  shall not operate a commercial motor vehicle equipped with air

20  brakes.

21        (5) A person, before operating a commercial motor vehicle,

22  shall obtain required vehicle indorsements as follows:

23        (a) A person, before operating a commercial motor vehicle

24  pulling double trailers, shall procure the appropriate vehicle

25  group designation and a T vehicle indorsement under this act.

26        (b) A person, before operating a commercial motor vehicle

27  that is a tank vehicle, shall procure the appropriate vehicle

 1  group designation and an N vehicle indorsement under this act.

 2        (c) A person, before operating a commercial motor vehicle

 3  carrying hazardous materials on which a placard is required under

 4  49 CFR parts 100 to 199, shall procure the appropriate vehicle

 5  group designation and an H vehicle indorsement under this act.

 6        (d) A person, before operating a commercial motor vehicle

 7  that is a tank vehicle carrying hazardous material, shall procure

 8  the appropriate vehicle group designation and both an N and H

 9  vehicle indorsement, which shall be designated by the code letter

10  X on the person's operator's or chauffeur's license.

11        (e) A person, before operating a vehicle that is designed to

12  transport 16 or more passengers including the driver but is not a

13  school bus shall procure the appropriate vehicle group

14  designation and a P vehicle indorsement under this act. An

15  applicant for a P vehicle indorsement shall take the driving

16  skills test in a vehicle designed to transport 16 or more

17  passengers including the driver.

18        (f)  Effective October 1, 2004, a  A person who does not

19  currently possess a P indorsement, before operating a school bus

20  designed to transport 16 or more passengers, including the

21  driver, shall procure the appropriate vehicle group designation,

22  pass the knowledge tests for the P and S indorsements, and

23  procure the P and S vehicle indorsements under this act. An

24  applicant for an S vehicle indorsement shall take a driving

25  skills test in a school bus designed to transport 16 or more

26  passengers, including the driver, that represents the same type

27  of vehicle that the applicant intends to operate as a school bus.

 1        (g)  Effective October 1, 2005, a  A person who currently

 2  possesses a P indorsement, before operating a school bus designed

 3  to transport 16 or more passengers, including the driver, shall

 4  procure the appropriate vehicle group designation, pass the

 5  knowledge test for an S indorsement, and procure an S vehicle

 6  indorsement under this act. An applicant for an S vehicle

 7  indorsement shall take a driving skills test in a school bus

 8  designed to transport 16 or more passengers, including the

 9  driver, that represents the same type of vehicle that the

10  applicant intends to operate as a school bus.

11        (6) Until September 30, 2005, the secretary of state may

12  waive the driving skills test for an applicant for an S

13  indorsement if the applicant certifies, and the secretary of

14  state verifies, that during the 2-year period immediately prior

15  to applying for the school bus indorsement the applicant met all

16  of the following conditions:

17        (a) The applicant holds a valid driver license with a

18  vehicle group designation and a P indorsement.

19        (b) The applicant has not had an operator's, chauffeur's, or

20  commercial motor vehicle driver license suspended, revoked,

21  denied, or canceled.

22        (c) The applicant has not been disqualified by the United

23  States secretary of transportation from operating a commercial

24  motor vehicle.

25        (d) The applicant has not been convicted of any

26  disqualifying offense listed in 49 CFR 383.51(b) while operating

27  a commercial motor vehicle.

 1        (e) The applicant has not been convicted of any

 2  disqualifying offense listed in 49 CFR 383.51(b) while operating

 3  a noncommercial motor vehicle that would be a disqualifying

 4  offense under 49 CFR 383.51(b) if the applicant had committed the

 5  offense while operating a commercial motor vehicle.

 6        (f) The applicant has not had more than 1 conviction for a

 7  serious traffic violation as defined in 49 CFR 383.51 while

 8  operating any type of motor vehicle.

 9        (g) Except for parking violations, the applicant has not had

10  any conviction for a violation of any state or local motor

11  vehicle traffic control law involving a vehicle accident and has

12  not been found at fault in a vehicle accident.

13        (h) The applicant has been regularly employed as a school

14  bus driver for the past 2 years and has, for those 2 years,

15  operated a school bus representing the type of school bus that

16  the applicant intends to operate, and the applicant provides

17  satisfactory evidence of that employment to the secretary of

18  state.

19        (7) An applicant for an indorsement shall take the knowledge

20  and driving skills tests described and required  pursuant to

21  under 49 CFR part 383.

22        (8) The holder of an unexpired operator's or chauffeur's

23  license may be issued a vehicle group designation and indorsement

24  valid for the remainder of the license upon meeting the

25  qualifications of section 312f and payment of the original

26  vehicle group designation fee of $25.00 and an indorsement fee of

27  $5.00 per indorsement, and a corrected license fee of $18.00. A

 1  person required to procure an F vehicle indorsement  pursuant to

 2  under subsection (10) shall pay an indorsement fee of $5.00.

 3        (9) Except as otherwise provided in subsections (10) and

 4  (11), this section does not apply to a driver or operator of a

 5  vehicle under all of the following conditions:

 6        (a) The vehicle is controlled and operated by a farmer or an

 7  employee or family member of the farmer.

 8        (b) The vehicle is used to transport agricultural products,

 9  farm machinery, farm supplies, or a combination of these items,

10  to or from a farm.

11        (c) The vehicle is not used in the operation of a common or

12  contract motor carrier.

13        (d) The vehicle is operated within 150 miles of the farm.

14        (10) A person, before driving or operating a combination of

15  vehicles having a gross vehicle weight rating of 26,001 pounds or

16  more on the power unit that is used as described in subsection

17  (9)(a) to (d), shall obtain an F vehicle indorsement. The F

18  vehicle indorsement shall be issued upon successful completion of

19  a knowledge test only.

20        (11) A person, before driving or operating a single vehicle

21  truck having a gross vehicle weight rating of 26,001 pounds or

22  more or a combination of vehicles having a gross vehicle weight

23  rating of 26,001 pounds or more on the power unit that is used as

24  described in subsection (9)(a) to (d) for carrying hazardous

25  materials on which a placard is required under 49 CFR parts 100

26  to 199, shall successfully complete both a knowledge test and a

27  driving skills test. Upon successful completion of the knowledge

 1  test and driving skills test, the person shall be issued the

 2  appropriate vehicle group designation and any vehicle indorsement

 3  necessary under this act.

 4        (12) This section does not apply to a police officer

 5  operating an authorized emergency vehicle or to a firefighter

 6  operating an authorized emergency vehicle who has met the driver

 7  training standards of the Michigan fire fighters' training

 8  council.

 9        (13) This section does not apply to a person operating  a

10  motor home or a vehicle used exclusively to transport personal

11  possessions or family members for nonbusiness purposes.

12        (14) The money collected under subsection (8) for a vehicle

13  group designation or indorsement shall be deposited in the state

14  treasury to the credit of the general fund. The secretary of

15  state shall refund out of the fees collected to each county or

16  municipality acting as an examining officer or examining bureau

17  $3.00 for each applicant examined for a first designation or

18  indorsement to an operator's or chauffeur's license and $1.50 for

19  each renewal designation or indorsement to an operator's or

20  chauffeur's license, whose application is not denied, on the

21  condition that the money refunded shall be paid to the county or

22  local treasurer and is appropriated to the county, municipality,

23  or officer or bureau receiving that money for the purpose of

24  carrying out this act.

25        (15) Notwithstanding any other provision of this section, a

26  person operating a vehicle described in subsections (9) and (10)

27  is subject to the provisions of sections 303 and 319b.

 1        (16) This state shall comply with the requirements of the

 2  American association of motor vehicle administrators' AAMVAnet,

 3  incorporated's "Commercial Driver License Information System

 4  (CDLIS) State Procedures Manual" that the secretary of state

 5  determines are required for implementing and enforcing federal

 6  law.

 7        Sec. 312f. (1) Except as otherwise provided in this section,

 8  a person shall be  at least  not less than 18 years of age before

 9  he or she is issued a vehicle group designation or indorsement,

10  other than a motorcycle indorsement, or not less than 21 years of

11  age before he or she is issued a hazardous material indorsement

12  on an operator's or chauffeur's license and, as provided in this

13  section, the person shall pass knowledge and driving skills tests

14  that comply with minimum federal standards prescribed in 49 CFR

15  part 383.  A person operating a vehicle to be used for farming

16  purposes only may obtain an A or B vehicle group designation or

17  an F vehicle indorsement if he or she is at least 16 years of

18  age.  A person who is 18 years of age or older operating a

19  vehicle to be used for farming purposes only may obtain an A or B

20  vehicle group designation or an F vehicle indorsement. A person

21  who is 16 years of age or older and less than 18 years of age

22  operating a single unit vehicle to be used for farming purposes

23  only may obtain an F vehicle indorsement. Each written

24  examination given an applicant for a vehicle group designation or

25  indorsement shall include subjects designed to cover the type or

26  general class of vehicle to be operated. A person shall pass an

27  examination that includes a driving skills test designed to test

 1  competency of the applicant for an original vehicle group

 2  designation and passenger indorsement on an operator's or

 3  chauffeur's license to drive that type or general class of

 4  vehicle upon the highways of this state with safety to persons

 5  and property. The secretary of state shall waive the driving

 6  skills test for a person operating a vehicle that is used under

 7  the conditions described in section 312e(9)(a) to (d) unless the

 8  vehicle has a gross vehicle weight rating of 26,001 pounds or

 9  more on the power unit and is to be used to carry hazardous

10  materials on which a placard is required under 49 CFR parts 100

11  to 199. The driving skills test may be waived if the applicant

12  has a valid license with the appropriate vehicle group

13  designation, passenger vehicle indorsement, or school bus

14  indorsement in another state issued in compliance with 49 USC

15  31301 to 31317.

16        (2) Except for a person who has held an operator's or

17  chauffeur's license for less than 1 year, the secretary of state

18  shall waive the knowledge test and the driving skills test and

19  issue a 1-year seasonal restricted vehicle group designation to

20  an otherwise qualified applicant to operate a group B or a group

21  C vehicle for a farm related service industry if all of the

22  following conditions are met:

23        (a) The applicant meets  1 of the following:  the

24  requirements of 49 CFR 383.77.

25        (i) An applicant who has between 1 and 2 years of driving

26  experience shall possess a good driving record for his or her

27  entire driving history.

 1        (ii) An applicant who has more than 2 years of driving

 2  experience shall possess a good driving record for the 2 years

 3  immediately preceding application.

 4        (b) The seasons for which the seasonal restricted vehicle

 5  group designation is issued  shall be  are from April 2 to June

 6  30 and from September 2 to November 30 only of a 12-month period

 7  or, at the option of the applicant, for not more than 180 days

 8  from the date of issuance in a 12-month period.  The good driving

 9  record shall be confirmed before each season and 180-day period.

10        (c) The commercial motor vehicle for which the seasonal

11  restricted vehicle group designation is issued shall be operated

12  only if all the following conditions are met:

13        (i) The commercial motor vehicle is operated only on routes

14  within 150 miles from the place of business to the farm or farms

15  being served.

16        (ii) The commercial motor vehicle does not transport a

17  quantity of hazardous materials on which a placard under 49 CFR

18  parts 100 to 199 is required except for the following:

19        (A) Diesel motor fuel in quantities of 1,000 gallons or

20  less.

21        (B) Liquid fertilizers in quantities of 3,000 gallons or

22  less.

23        (C) Solid fertilizers that are not transported with any

24  organic substance.

25        (iii) The commercial motor vehicle does not require the H, N,

26  P, S, T, or X vehicle indorsement.

27        (3) A seasonal restricted vehicle group designation under

 1  this subsection  section shall be issued, suspended, revoked,

 2  canceled, denied, or renewed in accordance with this act.

 3        (4) The secretary of state may enter into an agreement with

 4  another public or private corporation or agency to conduct a

 5  driving skills test required under this section, section 312e, or

 6  49 CFR part 383. Before the secretary of state authorizes a

 7  person to administer a corporation's or agency's driver skills

 8  testing operations or authorizes an examiner to conduct a driving

 9  skills test, that person or examiner must complete both a state

10  and federal bureau of investigation fingerprint based criminal

11  history check through the department of state police.

12        (5) The secretary of state shall not issue a vehicle group

13  designation or a vehicle indorsement to an applicant for an

14  original vehicle group designation or vehicle indorsement under

15  section 312e to whom 1 or more of the following apply:

16        (a) The applicant has had his or her license suspended or

17  revoked for a reason other than as provided in section 321a, 515,

18  or 801c in the 36 months immediately preceding application,

19  except that a vehicle group designation may be issued if the

20  suspension or revocation was due to a temporary medical condition

21  or failure to appear at a reexamination as provided in section

22  320.

23        (b) The applicant was convicted of or incurred a bond

24  forfeiture in relation to a 6-point violation as provided in

25  section 320a in the 24 months immediately preceding application

26  if the violation occurred while the applicant was operating a

27  commercial motor vehicle, or a violation of section 625(3) or

 1  former section 625b, or a local ordinance substantially

 2  corresponding to section 625(3) or former section 625b in the 24

 3  months immediately preceding application, if the applicant was

 4  operating any type of motor vehicle.

 5        (c) The applicant is listed on the national driver register,

 6  the commercial driver license information system, or the driving

 7  records of the state in which the applicant was previously

 8  licensed as being disqualified from operating a commercial motor

 9  vehicle or as having a license or driving privilege suspended,

10  revoked, canceled, or denied.

11        (d) The applicant is listed on the national driver register,

12  the commercial driver license information system, or the driving

13  records of the state in which the applicant was previously

14  licensed as having had a license suspended, revoked, or canceled

15  in the 36 months immediately preceding application if a

16  suspension or revocation would have been imposed under this act

17  had the applicant been licensed in this state in the original

18  instance. This subdivision does not apply to a suspension or

19  revocation that would have been imposed due to a temporary

20  medical condition or pursuant to section 321a, 515, or 801c.

21        (e) The applicant is subject to a suspension or revocation

22  under section 319b or would have been subject to a suspension or

23  revocation under section 319b if the applicant had been issued a

24  vehicle group designation or vehicle indorsement.

25        (f) The applicant has been disqualified from operating a

26  commercial motor vehicle under 49 USC 31301 to 31317 or the

27  applicant's license to operate a commercial motor vehicle has

 1  been suspended, revoked, denied, or canceled within 36 months

 2  immediately preceding the date of application.

 3        (g) The United States secretary of transportation has

 4  disqualified the applicant from operating a commercial motor

 5  vehicle.

 6        (6) The secretary of state shall not renew or upgrade a

 7  vehicle group designation if the United States secretary of

 8  transportation has disqualified the applicant from operating a

 9  commercial motor vehicle, or the applicant is listed on the

10  national driver register or the commercial driver license

11  information system as being disqualified from operating a

12  commercial motor vehicle or as having a driver license or driving

13  privilege suspended, revoked, canceled, or denied.

14        (7) The secretary of state shall only consider bond

15  forfeitures under subsection (5)(b) for violations that occurred

16  on or after January 1, 1990 when determining the applicability of

17  subsection (5).

18        (8) If an applicant for an original vehicle group

19  designation was previously licensed in another jurisdiction, the

20  secretary of state shall request a copy of the applicant's

21  driving record from that jurisdiction. If 1 or more of the

22  conditions described in subsection (5) exist in that jurisdiction

23  when the secretary of state receives the copy, the secretary of

24  state shall cancel all vehicle group designations on the person's

25  operator's or chauffeur's license.

26        (9) The secretary of state shall cancel all vehicle group

27  designations on a person's operator's or chauffeur's license upon

 1  receiving notice from the United States secretary of

 2  transportation, the national driver register, the commercial

 3  driver license system, or another state or jurisdiction that 1 or

 4  more of the conditions described in subsection (5) existed at the

 5  time of the person's application in this state.

 6        (10) The secretary of state shall cancel all vehicle group

 7  designations on the person's operator's or chauffeur's license

 8  upon receiving proper notice that the person no longer meets the

 9  federal driver qualification requirements under 49 CFR part 391

10  to operate a commercial motor vehicle in interstate commerce, or

11  the person no longer meets the driver qualification requirements

12  to operate a commercial motor vehicle in intrastate commerce

13  under the motor carrier safety act of 1963, 1963 PA 181, MCL

14  480.11 to  480.22  480.25.

15        (11) Subsection (5)(a), (b), (d), and (f) do not apply to an

16  applicant for an original vehicle group designation who at the

17  time of application has a valid license to operate a commercial

18  motor vehicle issued by any state in compliance with 49 USC 31301

19  to 31317.

20        (12) As used in this section,  :

21  (a) "Farm  "farm related service industry" means custom

22  harvesters, farm retail outlets and suppliers, agri-chemical

23  business, or livestock feeders.

24        (b) "Good driving record" means the criteria required under

25  regulations described at 49 CFR 383.77 and 57 F.R. 75, P.

26  13650(April 17, 1992).

27        Sec. 314. (1) Except as otherwise provided in this section,

 1  an operator's  license shall  licenses and chauffeur's licenses

 2  expire on the birthday of the person to whom the license is

 3  issued in the fourth year following the date of the issuance of

 4  the license unless suspended or revoked before that date. A

 5  license shall not be issued for a period longer than 4 years. A

 6  person holding a license at any time  within 45 days  12 months

 7  before the expiration of his or her license may  make application

 8  apply for a new license as provided for in this chapter.

 9  However, a  A knowledge test for an original group designation or

10  indorsement may be taken at any time during this period and the

11  results  shall be  are valid for 12 months.  However, if the

12  licensee will be out of the state during the 45 days immediately

13  preceding expiration of the license or for other good cause shown

14  cannot apply for a license within the 45-day period, application

15  for a new license may be made not more than 6 months before

16  expiration of the license. This new license when granted shall

17  expire as provided for in this chapter.  A license renewed under

18  this subsection shall be renewed for the time remaining on the

19  license before its renewal combined with the 4-year renewal

20  period.

21        (2) The first operator's license issued to a person who at

22  the time of application is less than 20-1/2 years of age  shall

23  expire  expires on the licensee's twenty-first birthday unless

24  suspended or revoked.  Until July 1, 2003, the secretary of state

25  shall code the license in a manner which clearly identifies the

26  licensee as being less than 21 years of age.

27        (3) The first chauffeur's license issued to a person  shall

 1  expire  expires on the licensee's birthday in the fourth year

 2  following the date of issuance unless the license is suspended or

 3  revoked before that date. The chauffeur's license of a person who

 4  at the time of application is less than 20-1/2 years of age

 5  shall expire  expires on the licensee's twenty-first birthday

 6  unless suspended or revoked.  Until July 1, 2003, the secretary

 7  of state shall code the license in a manner which clearly

 8  identifies the licensee as being less than 21 years of age. A

 9  subsequent chauffeur's license  shall expire  expires on the

10  birthday of the person to whom the license is issued in the

11  fourth year following the date of issuance of the license unless

12  the license is suspended or revoked before that date.

13        (4) A person may apply for an extension of his or her

14  driving privileges if he or she is out of state on the date that

15  his or her operator's or chauffeur's license expires. The

16  extension may extend the license for 180 days beyond the

17  expiration date or  within  not more than 2 weeks after the

18  applicant returns to Michigan, whichever occurs first.

19        (5)  A  Except for an operator's or chauffeur's license with

20  a hazardous material indorsement, the secretary of state may

21  issue a renewal operator's or chauffeur's license to a person who

22  will be out of state for more than  90 180 days beyond the

23  expiration date of his or her operator's or chauffeur's license,

24  may apply for a 4-year renewal of his or her driving privileges

25  if the secretary of state has a digital image of the person on

26  file. The applicant for this renewal shall submit a statement

27  evidencing a vision examination in accordance with the rules

 1  promulgated by the secretary of state under section 309 and any

 2  other statement required by this act or federal law. A person is

 3  not eligible for consecutive renewals of a license under this

 4  subsection.

 5        (6) The secretary of state may check the applicant's driving

 6  record through the national driver register and the commercial

 7  driver license information system before issuing a renewal under

 8  this section.

 9        Sec. 319b. (1) The secretary of state shall immediately

10  suspend or revoke, as applicable, all vehicle group designations

11  on the operator's or chauffeur's license of a person upon

12  receiving notice of a conviction, bond forfeiture, or civil

13  infraction determination of the person, or notice that a court or

14  administrative tribunal has found the person responsible, for a

15  violation described in this subsection of a law of this state, a

16  local ordinance substantially corresponding to a law of this

17  state while the person was operating a commercial motor vehicle,

18  or a law of another state substantially corresponding to a law of

19  this state, or notice that the person has refused to submit to a

20  chemical test of his or her blood, breath, or urine for the

21  purpose of determining the amount of alcohol or presence of a

22  controlled substance or both in the person's blood, breath, or

23  urine while the person was operating a commercial motor vehicle

24  as required by a law or local ordinance of this or another state.

25  The period of suspension or revocation is as follows:

26        (a) Suspension for 60 days if the person is convicted of or

27  found responsible for 1 of the following while operating a

 1  commercial motor vehicle:

 2        (i) Two serious traffic violations arising from separate

 3  incidents within 36 months.

 4        (ii) A violation of section 667, 668, 669, or 669a.

 5        (iii) A violation of motor carrier safety regulations 49 CFR

 6  392.10 or 392.11, as adopted by section 1a of the motor carrier

 7  safety act of 1963, 1963 PA 181, MCL 480.11a.

 8        (iv) A violation of section 57 of the pupil transportation

 9  act, 1990 PA 187, MCL 257.1857.

10        (v) A violation of motor carrier safety regulations 49 CFR

11  392.10 or 392.11, as adopted by section 31 of the motor bus

12  transportation act, 1982 PA 432, MCL 474.131.

13        (vi) A violation of motor carrier safety regulations 49 CFR

14  392.10 or 392.11 while operating a commercial motor vehicle other

15  than a vehicle covered under subparagraph (iii), (iv), or (v).

16        (b) Suspension for 120 days if the person is convicted of or

17  found responsible for 1 of the following arising from separate

18  incidents within 36 months while operating a commercial motor

19  vehicle:

20        (i) Three serious traffic violations.

21        (ii) Any combination of 2 violations described in subdivision

22  (a)(ii).

23        (c) Suspension for 1 year if the person is convicted of or

24  found responsible for 1 of the following:

25        (i) A violation of section 625(1), (3), (4), (5), (6), (7),

26  or (8), section 625m, or former section 625(1) or (2), or former

27  section 625b, while operating a commercial or noncommercial motor

 1  vehicle.

 2        (ii) Leaving the scene of an accident involving a commercial

 3  or noncommercial motor vehicle operated by the person.

 4        (iii)  A  Except for a felony described in 49 CFR

 5  383.51(b)(9), a felony in which a commercial or noncommercial

 6  motor vehicle was used.

 7        (iv) A refusal of a peace officer's request to submit to a

 8  chemical test of his or her blood, breath, or urine to determine

 9  the amount of alcohol or presence of a controlled substance or

10  both in his or her blood, breath, or urine while he or she was

11  operating a commercial or noncommercial motor vehicle as required

12  by a law or local ordinance of this state or another state.

13        (v) Effective October 1, 2005, operating a commercial motor

14  vehicle in violation of a suspension, revocation, denial, or

15  cancellation that was imposed for previous violations committed

16  while operating a commercial motor vehicle.

17        (vi) Effective October 1, 2005, causing a fatality through

18  the negligent or criminal operation of a commercial motor

19  vehicle, including, but not limited to, the crimes of motor

20  vehicle manslaughter, motor vehicle homicide, and negligent

21  homicide.

22        (vii) A 6-point violation as provided in section 320a while

23  operating a commercial motor vehicle.

24        (viii) Any combination of 3 violations described in

25  subdivision (a)(ii) arising from separate incidents within 36

26  months while operating a commercial motor vehicle.

27        (d) Suspension for 3 years if the person is convicted of or

 1  found responsible for an offense enumerated in subdivision (c)(i)

 2  to (vii) in which a commercial motor vehicle was used if the

 3  vehicle was carrying hazardous material required to have a

 4  placard  pursuant to  under 49 CFR parts 100 to 199.

 5        (e) Revocation for life, but with eligibility for reissue of

 6  a group vehicle designation after not less than 10 years and

 7  after approval by the secretary of state, if the person is

 8  convicted of or found responsible for  1 2 violations or a

 9  combination of any 2 violations arising from 2 or more separate

10  incidents involving any of the following:

11        (i)  Any combination of 2 violations arising from 2 or more

12  separate incidents under section  Section 625(1), (3), (4), (5),

13  (6), (7), or (8), section 625m, or former section 625(1) or (2),

14  or former section 625b, while  driving  operating a commercial or

15  noncommercial motor vehicle.

16        (ii)  Two violations of leaving  Leaving the scene of an

17  accident involving a commercial or noncommercial motor vehicle

18  operated by the licensee.

19        (iii)  Two violations of  Except for a felony described in 49

20  CFR 383.51(b)(9), a felony in which a commercial or noncommercial

21  motor vehicle was used.

22        (iv)  Two refusals  A refusal of a request of a police

23  officer to submit to a chemical test of his or her blood, breath,

24  or urine for the purpose of determining the amount of alcohol or

25  presence of a controlled substance or both in his or her blood

26  while he or she was operating a commercial or noncommercial motor

27  vehicle in this state or another state.  , which refusals

 1  occurred in separate incidents.

 2        (v) Effective October 1, 2005,  2 violations of operating a

 3  commercial motor vehicle in violation of a suspension,

 4  revocation, denial, or cancellation that was imposed for previous

 5  violations committed while operating a commercial motor vehicle.

 6        (vi) Effective October 1, 2005,  2 violations of causing a

 7  fatality through the negligent or criminal operation of a

 8  commercial motor vehicle, including, but not limited to, the

 9  crimes of motor vehicle manslaughter, motor vehicle homicide, and

10  negligent homicide.

11        (vii)  Two 6-point  Six-point violations as provided in

12  section 320a while operating a commercial motor vehicle.

13        (viii) Two violations, in any combination, of the offenses

14  enumerated under subdivision (c)(i), (ii), (iii), (iv), or (v) arising

15  from 2 or more separate incidents.

16        (f) Revocation for life if a person is convicted of or found

17  responsible for any of the following:

18        (i) One violation of a felony in which a commercial motor

19  vehicle was used and that involved the manufacture, distribution,

20  or dispensing of a controlled substance or possession with intent

21  to manufacture, distribute, or dispense a controlled substance.

22        (ii) A conviction of any offense described in subdivision (c)

23  or (d) after having been approved for the reissuance of a vehicle

24  group designation under subdivision (e).

25        (iii) A conviction of a violation of chapter LXXXIII-A of the

26  Michigan penal code, 1931 PA 328, MCL 750.543a to 750.543z.

27        (2) The secretary of state shall immediately deny, cancel,

 1  or revoke a hazardous material indorsement on the operator's or

 2  chauffeur's license of a person with a vehicle group designation

 3  upon receiving notice from a federal government agency that the

 4  person poses a security risk warranting denial, cancellation, or

 5  revocation under the uniting and strengthening America by

 6  providing appropriate tools required to intercept and obstruct

 7  terrorism (USA PATRIOT ACT) act of 2001, Public Law 107-56. The

 8  denial, cancellation, or revocation cannot be appealed under

 9  section 322 or 323 and remains in effect until the secretary of

10  state receives a federal government notice that the person does

11  not pose a security risk in the transportation of hazardous

12  materials.

13        (3) The secretary of state shall immediately suspend all

14  vehicle group designations on a person's operator's or

15  chauffeur's license upon receiving notice of a conviction, bond

16  forfeiture, or civil infraction determination of the person, or

17  notice that a court or administrative tribunal has found the

18  person responsible, for a violation of section 319d(4) or 319f, a

19  local ordinance substantially corresponding to section 319d(4) or

20  319f, or a law or local ordinance of another state, the United

21  States, Canada, Mexico, or a local jurisdiction of either of

22  these countries substantially corresponding to section 319d(4) or

23  319f, while operating a commercial motor vehicle. The period of

24  suspension or revocation is as follows:

25        (a) Suspension for 90 days if the person is convicted of or

26  found responsible for a violation of section 319d(4) or 319f

27  while operating a commercial motor vehicle.

 1        (b) Suspension for 180 days if the person is convicted of or

 2  found responsible for a violation of section 319d(4) or 319f

 3  while operating a commercial motor vehicle that is either

 4  carrying hazardous material required to have a placard  pursuant

 5  to  under 49 CFR parts 100 to 199 or designed to carry 16 or more

 6  passengers, including the driver.

 7        (c) Suspension for 1 year if the person is convicted of or

 8  found responsible for 2 violations, in any combination, of

 9  section 319d(4) or 319f while operating a commercial motor

10  vehicle arising from 2 or more separate incidents during a 10-

11  year period.

12        (d) Suspension for 3 years if the person is convicted of or

13  found responsible for 3 or more violations, in any combination,

14  of section 319d(4) or 319f while operating a commercial motor

15  vehicle arising from 3 or more separate incidents during a 10-

16  year period.

17        (e) Suspension for 3 years if the person is convicted of or

18  found responsible for 2 or more violations, in any combination,

19  of section 319d(4) or 319f while operating a commercial motor

20  vehicle carrying hazardous material required to have a placard

21  pursuant to under 49 CFR parts 100 to 199, or designed to carry

22  16 or more passengers, including the driver, arising from 2 or

23  more separate incidents during a 10-year period.

24        (4) As used in this section:

25        (a) "Felony in which a commercial motor vehicle was used"

26  means a felony during the commission of which the person

27  convicted operated a commercial motor vehicle and while the

 1  person was operating the vehicle 1 or more of the following

 2  circumstances existed:

 3        (i) The vehicle was used as an instrument of the felony.

 4        (ii) The vehicle was used to transport a victim of the

 5  felony.

 6        (iii) The vehicle was used to flee the scene of the felony.

 7        (iv) The vehicle was necessary for the commission of the

 8  felony.

 9        (b) "Serious traffic violation" means any of the following:

10        (i) A traffic violation that occurs in connection with an

11  accident in which a person died.

12        (ii) Careless driving.

13        (iii) Excessive speeding as defined in regulations promulgated

14  under 49 USC 31301 to 31317.

15        (iv) Improper lane use.

16        (v) Following too closely.

17        (vi) Effective October 1, 2005, driving a commercial motor

18  vehicle without obtaining any vehicle group designation on the

19  person's license.

20        (vii) Effective October 1, 2005, driving a commercial motor

21  vehicle without either having an operator's or chauffeur's

22  license in the person's possession or providing proof to the

23  court, not later than the date by which the person must appear in

24  court or pay a fine for the violation, that the person held a

25  valid vehicle group designation and indorsement on the date that

26  the citation was issued.

27        (viii) Effective October 1, 2005, driving a commercial motor

 1  vehicle while in possession of an operator's or chauffeur's

 2  license that has a vehicle group designation but does not have

 3  the appropriate vehicle group designation or indorsement required

 4  for the specific vehicle group being operated or the passengers

 5  or type of cargo being transported.

 6        (ix) Any other serious traffic violation as defined in 49 CFR

 7  383.5 or as prescribed under this act.

 8        (4) The secretary of state shall suspend or revoke, as

 9  applicable, any privilege to operate a commercial motor vehicle

10  as directed by the federal government or its designee.

11        (5) For the purpose of this section only, a bond forfeiture

12  or a determination by a court of original jurisdiction or an

13  authorized administrative tribunal that a person has violated the

14  law is considered a conviction.

15        (6) The secretary of state shall suspend or revoke a vehicle

16  group designation under subsection (1) or deny, cancel, or revoke

17  a hazardous material indorsement under subsection (2)

18  notwithstanding a suspension, restriction, revocation, or denial

19  of an operator's or chauffeur's license or vehicle group

20  designation under another section of this act or a court order

21  issued under another section of this act or a local ordinance

22  substantially corresponding to another section of this act.

23        (7)  Effective October 1, 2005, a  A conviction, bond

24  forfeiture, or civil infraction determination, or notice that a

25  court or administrative tribunal has found a person responsible

26  for a violation described in this subsection while the person was

27  operating a noncommercial motor vehicle counts against the person

 1  who holds a license to operate a commercial motor vehicle the

 2  same as if the person had been operating a commercial motor

 3  vehicle at the time of the violation. For the purpose of this

 4  subsection, a noncommercial motor vehicle does not include a

 5  recreational vehicle used off-road. This subsection applies to

 6  the following state law violations or a local ordinance

 7  substantially corresponding to any of those violations or a law

 8  of another state or out-of-state jurisdiction substantially

 9  corresponding to any of those violations:

10        (a) Operating a vehicle in violation of section 625.

11        (b) Refusing to submit to a chemical test of his or her

12  blood, breath, or urine for the purpose of determining the amount

13  of alcohol or the presence of a controlled substance or both in

14  the person's blood, breath, or urine as required by a law or

15  local ordinance of this or another state.

16        (c) Leaving the scene of an accident.

17        (d) Using a vehicle to commit a felony.

18        (8) When determining the applicability of conditions listed

19  in this section, the secretary of state shall consider only

20  violations that occurred after January 1, 1990.

21        (9) When determining the applicability of conditions listed

22  in subsection (1)(a) or (b), the secretary of state shall count

23  only from incident date to incident date.

24        (10) As used in this section:

25        (a) "Felony in which a commercial motor vehicle was used"

26  means a felony during the commission of which the person

27  convicted operated a commercial motor vehicle and while the

 1  person was operating the vehicle 1 or more of the following

 2  circumstances existed:

 3        (i) The vehicle was used as an instrument of the felony.

 4        (ii) The vehicle was used to transport a victim of the

 5  felony.

 6        (iii) The vehicle was used to flee the scene of the felony.

 7        (iv) The vehicle was necessary for the commission of the

 8  felony.

 9        (b) "Serious traffic violation" means any of the following:

10        (i) A traffic violation that occurs in connection with an

11  accident in which a person died.

12        (ii) Careless driving.

13        (iii) Excessive speeding as defined in regulations promulgated

14  under 49 USC 31301 to 31317.

15        (iv) Improper lane use.

16        (v) Following too closely.

17        (vi) Effective October 1, 2005, driving a commercial motor

18  vehicle without obtaining any vehicle group designation on the

19  person's license.

20        (vii) Effective October 1, 2005, driving a commercial motor

21  vehicle without either having an operator's or chauffeur's

22  license in the person's possession or providing proof to the

23  court, not later than the date by which the person must appear in

24  court or pay a fine for the violation, that the person held a

25  valid vehicle group designation and indorsement on the date that

26  the citation was issued.

27        (viii) Effective October 1, 2005, driving a commercial motor

 1  vehicle while in possession of an operator's or chauffeur's

 2  license that has a vehicle group designation but does not have

 3  the appropriate vehicle group designation or indorsement required

 4  for the specific vehicle group being operated or the passengers

 5  or type of cargo being transported.

 6        (ix) Any other serious traffic violation as defined in 49 CFR

 7  383.5 or as prescribed under this act.

 8        Sec. 319f. (1) A person shall not operate a commercial motor

 9  vehicle in this state in violation of an out-of-service order.

10        (2) Except as otherwise provided in this subsection, the

11  secretary of state shall immediately suspend all vehicle group

12  designations on the operator's or chauffeur's license of a person

13  convicted of violating a driver out-of-service or vehicle out-of-

14  service order as follows:

15        (a) If the violation occurred while the person was

16  transporting nonhazardous material, the vehicle group

17  designations shall be suspended as follows:

18        (i) Except as provided in subparagraphs (ii) and (iii),

19  suspension for not less than 90 days or more than 1 year.

20        (ii) If the violation is the person's second violation within

21  a 10-year period, suspension for not less than 1 year or more

22  than 5 years.

23        (iii) If the violation is the person's third or subsequent

24  violation within a 10-year period, suspension for not less than 3

25  years or more than 5 years.

26        (b) If the violation occurred while the person was

27  transporting hazardous materials required to be placarded under

 1  49 CFR parts 100 to 199 or while operating a vehicle designed to

 2  transport 16 or more passengers, including the driver, the

 3  vehicle group designations shall be suspended as follows:

 4        (i) Except as otherwise provided in subparagraph (ii),

 5  suspension for not less than 180 days or more than 2 years.

 6        (ii) For a second or subsequent violation within a 10-year

 7  period, suspension for not less than 3 years or more than 5

 8  years.

 9        (3) A person who violates an out-of-service order shall be

10  ordered to pay a civil fine of not less than $1,100.00 or more

11  than $2,750.00.

12  (4)  (2) As used in  subsection (1)  this section:

13        (a) "Out-of-service order" means a declaration by an

14  authorized enforcement officer that a driver of a commercial

15  motor vehicle as defined in subdivision (b), or a motor carrier

16  operation, is out-of-service pursuant to 49  C.F.R.  CFR 386.72,

17  49 C.F.R. 392.5,  49 C.F.R. 395.13,  49 C.F.R.  or 396.9, or

18  the north American uniform out-of-service criteria, or a law or

19  local ordinance of a state, the United States, Canada, Mexico, or

20  a local jurisdiction thereof, substantially corresponding to 49

21  C.F.R.  CFR 386.72,  49 C.F.R. 392.5,  49 C.F.R. 395.13,  49

22  C.F.R.  or 396.9, or the north American uniform out-of-service

23  criteria.

24        (b) "Commercial motor vehicle" means  any motor vehicle

25  that term as defined in section 7a and any motor vehicle having a

26  GVWR or GCWR of 10,001 pounds or more.

27        Sec. 319g. (1) An employer shall not knowingly allow,

 1  permit, authorize, or require a driver to operate a commercial

 2  motor vehicle in violation of any of the following:

 3        (a) Section 667, 668, 669,  or 669a, or 670 or a federal,

 4  state, or local law or regulation pertaining to railroad-highway

 5  grade crossings.

 6        (b) Motor carrier safety regulations 49 CFR 392.10 or

 7  392.11, as adopted by section 1a of the motor carrier safety act

 8  of 1963, 1963 PA 181, MCL 480.11a.

 9        (c) Section 57 of the pupil transportation act, 1990 PA 187,

10  MCL 257.1857.

11        (d) Motor carrier safety regulations 49 CFR 392.10 or

12  392.11, as adopted by section 31 of the motor bus transportation

13  act, 1982 PA 432, MCL 474.131.

14        (e) Motor carrier safety regulations 49 CFR 392.10 or 392.11

15  while operating a commercial motor vehicle other than a vehicle

16  covered under subdivision (b), (c), or (d).

17        (f) Transportation security regulations 49 CFR parts 1570

18  and 1572 or motor carrier safety regulations 49 CFR parts 383 and

19  384 that regulate who may operate a commercial motor vehicle that

20  is used to transport hazardous material.

21        (g) An out-of-service order.

22        (2)  A  Except as otherwise provided in subdivisions (a) and

23  (b), a person who violates this section is responsible for a

24  civil infraction:  .

25        (a) An employer who violates subsection (1)(a) is

26  responsible for a civil infraction and liable to pay a civil fine

27  of not more than $10,000.00.

 1        (b) An employer who violates subsection (1)(g) is

 2  responsible for a civil infraction and liable to pay a civil fine

 3  of not less than $2,750.00 or more than $11,000.00.

 4        (3) As used in this section, "out-of-service order" means a

 5  declaration by an authorized enforcement officer that a driver of

 6  a commercial motor vehicle or a motor carrier operation is out of

 7  service pursuant to 49 CFR 386.72, 392.5, 395.13, or 396.9, or

 8  the North American uniform out-of-service criteria, or a law or

 9  local ordinance of a state, the United States, Canada, Mexico, or

10  a local jurisdiction thereof substantially corresponding to 49

11  CFR 386.72, 392.5, 395.13, or 396.9, or the North American

12  uniform out-of-service criteria.

13        Sec. 324. (1) A person shall not do any of the following:

14        (a) Display, or cause or permit to be displayed, or have in

15  possession an operator's or chauffeur's license knowing the

16  operator's or chauffeur's license to be fictitious or to have

17  been canceled, revoked, suspended, or altered.

18        (b) Lend to or knowingly permit use of, by one not entitled

19  to its use, the operator's or chauffeur's license issued to the

20  person lending or permitting the use of the operator's or

21  chauffeur's license.

22        (c) Display or to represent as one's own any operator's or

23  chauffeur's license not issued to the person displaying the

24  operator's or chauffeur's license.

25        (d) Fail or refuse to surrender to the department upon

26  demand, any operator's or chauffeur's license which has been

27  suspended, canceled, or revoked as provided by law.

 1        (e) Use a false or fictitious name or give a false or

 2  fictitious address in an application for an operator's or

 3  chauffeur's license, or any renewal or duplicate of an operator's

 4  or chauffeur's license, or knowingly make a false statement or

 5  knowingly conceal a material fact or otherwise commit a fraud in

 6  making an application.

 7        (f) Alter or otherwise cause to be altered any operator's or

 8  chauffeur's license so as to knowingly make a false statement or

 9  knowingly conceal a material fact in order to misrepresent as

10  one's own the operator's or chauffeur's license.

11        (g) Use or have in possession in committing a crime an

12  operator's or chauffeur's license that has been altered or that

13  is used to knowingly make a false statement or to knowingly

14  conceal a material fact in order to misrepresent as one's own the

15  operator's or chauffeur's license.

16        (h) Furnish to a peace officer false, forged, fictitious, or

17  misleading verbal or written information identifying the person

18  as another person, if the person is detained for a violation of

19  this act or of a local ordinance substantially corresponding to a

20  provision of this act.

21        (2) A license for an operator or chauffeur issued under this

22  chapter upon an application that is untrue, or that contains

23  false statements as to any material matters, is absolutely void

24  from the date of issuance. The operator or chauffeur who was

25  issued the license is considered unlicensed and the license

26  issued shall be returned upon request or order of the department.

27  A person whose commercial driver license application is voided or

 1  canceled under this subsection shall not reapply for a commercial

 2  driver license for at least 60 days after an application is

 3  voided or canceled.

 4        Sec. 732. (1) Each municipal judge and each clerk of a court

 5  of record shall keep a full record of every case in which a

 6  person is charged with or cited for a violation of this act or a

 7  local ordinance substantially corresponding to this act

 8  regulating the operation of vehicles on highways and with those

 9  offenses pertaining to the operation of ORVs or snowmobiles for

10  which points are assessed under section 320a(1)(c) or (i). Except

11  as provided in subsection (16), the municipal judge or clerk of

12  the court of record shall prepare and forward to the secretary of

13  state an abstract of the court record as follows:

14        (a)  Until October 1, 2005, within 14 days after a

15  conviction, forfeiture of bail, or entry of a civil infraction

16  determination or default judgment upon a charge of or citation

17  for violating or attempting to violate this act or a local

18  ordinance substantially corresponding to this act regulating the

19  operation of vehicles on highways, or, beginning October 1, 2005,

20  within  Not more than 5 days after a conviction, forfeiture of

21  bail, or entry of a civil infraction determination or default

22  judgment upon a charge of or citation for violating or attempting

23  to violate this act or a local ordinance substantially

24  corresponding to this act regulating the operation of vehicles on

25  highways.

26        (b) Immediately for each case charging a violation of

27  section 625(1), (3), (4), (5), (6), (7), or (8) or section 625m

 1  or a local ordinance substantially corresponding to section

 2  625(1), (3), (6), or (8) or section 625m in which the charge is

 3  dismissed or the defendant is acquitted.

 4        (c) Immediately for each case charging a violation of

 5  section 82127(1) or (3), 81134, or 81135 of the natural resources

 6  and environmental protection act, 1994 PA 451, MCL 324.82127,

 7  324.81134, and 324.81135, or a local ordinance substantially

 8  corresponding to those sections.

 9        (2) If a city or village department, bureau, or person is

10  authorized to accept a payment of money as a settlement for a

11  violation of a local ordinance substantially corresponding to

12  this act, the city or village department, bureau, or person shall

13  send a full report of each case in which a person pays any amount

14  of money to the city or village department, bureau, or person to

15  the secretary of state upon a form prescribed by the secretary of

16  state.

17        (3) The abstract or report required under this section shall

18  be made upon a form furnished by the secretary of state. An

19  abstract shall be certified by signature, stamp, or facsimile

20  signature of the person required to prepare the abstract as

21  correct. An abstract or report shall include all of the

22  following:

23        (a) The name, address, and date of birth of the person

24  charged or cited.

25        (b) The number of the person's operator's or chauffeur's

26  license, if any.

27        (c) The date and nature of the violation.

 1        (d) The type of vehicle driven at the time of the violation

 2  and, if the vehicle is a commercial motor vehicle, that vehicle's

 3  group designation.  and indorsement classification.

 4        (e) The date of the conviction, finding, forfeiture,

 5  judgment, or civil infraction determination.

 6        (f) Whether bail was forfeited.

 7        (g) Any license restriction, suspension, or denial ordered

 8  by the court as provided by law.

 9        (h) The vehicle identification number and registration plate

10  number of all vehicles that are ordered immobilized or forfeited.

11        (i) Other information considered necessary to the secretary

12  of state.

13        (4) The clerk of the court also shall forward an abstract of

14  the court record to the secretary of state upon a person's

15  conviction involving any of the following:

16        (a) A violation of section 413, 414, or 479a of the Michigan

17  penal code, 1931 PA 328, MCL 750.413, 750.414, and 750.479a.

18        (b) A violation of section 1 of former 1931 PA 214.

19        (c) Negligent homicide, manslaughter, or murder resulting

20  from the operation of a vehicle.

21        (d) A violation of section 703 of the Michigan liquor

22  control code of 1998, 1998 PA 58, MCL 436.1703, or a local

23  ordinance substantially corresponding to that section.

24        (e) A violation of section 411a(2) of the Michigan penal

25  code, 1931 PA 328, MCL 750.411a.

26        (f) A violation of motor carrier safety regulations  ,  49

27  CFR 392.10 or 392.11  ,  as adopted by section 1a of the motor

 1  carrier safety act of 1963, 1963 PA 181, MCL 480.11a.

 2        (g) A violation of section 57 of the pupil transportation

 3  act, 1990 PA 187, MCL 257.1857.

 4        (h) A violation of motor carrier safety regulations  ,  49

 5  CFR 392.10 or 392.11  ,  as adopted by section 31 of the motor

 6  bus transportation act, 1982 PA 432, MCL 474.131.

 7        (i) An attempt to violate, a conspiracy to violate, or a

 8  violation of part 74 of the public health code, 1978 PA 368, MCL

 9  333.7401 to 333.7461, or a local ordinance that prohibits conduct

10  prohibited under part 74 of the public health code, 1978 PA 368,

11  MCL 333.7401 to 333.7461, unless the convicted person is

12  sentenced to life imprisonment or a minimum term of imprisonment

13  that exceeds 1 year for the offense.

14        (j) An attempt to commit an offense described in

15  subdivisions (a) to (h).

16        (k) A violation of chapter LXXXIII-A of the Michigan penal

17  code, 1931 PA 328, MCL 750.543a to 750.543z.

18        (l) A violation of section 3101, 3102(1), or 3103 of the

19  insurance code of 1956, 1956 PA 218, MCL 500.3101, 500.3102, and

20  500.3103.

21        (m) A violation listed as a disqualifying offense under  the

22  federal motor carrier safety regulations, 49 CFR 383.51.

23        (5)  Beginning September 1, 2004, the  The clerk of the

24  court shall also forward an abstract of the court record to the

25  secretary of state if a person has pled guilty to, or offered a

26  plea of admission in a juvenile proceeding for, a violation of

27  section 703 of the Michigan liquor control code of 1998, 1998 PA

 1  58, MCL 436.1703, or a local ordinance substantially

 2  corresponding to that section, and has had further proceedings

 3  deferred under that section. If the person is sentenced to a term

 4  of probation and terms and conditions of probation are fulfilled

 5  and the court discharges the individual and dismisses the

 6  proceedings, the court shall also report the dismissal to the

 7  secretary of state.

 8        (6) As used in subsections (7) to (9), "felony in which a

 9  motor vehicle was used" means a felony during the commission of

10  which the person operated a motor vehicle and while operating the

11  vehicle presented real or potential harm to persons or property

12  and 1 or more of the following circumstances existed:

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

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

15  felony.

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

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

18  felony.

19        (7) If a person is charged with a felony in which a motor

20  vehicle was used, other than a felony specified in subsection (4)

21  or section 319, the prosecuting attorney shall include the

22  following statement on the complaint and information filed in

23  district or circuit court:

24        "You are charged with the commission of a felony in which a

25  motor vehicle was used. If you are convicted and the judge finds

26  that the conviction is for a felony in which a motor vehicle was

27  used, as defined in section 319 of the Michigan vehicle code,

 1  1949 PA 300, MCL 257.319, your driver's license shall be

 2  suspended by the secretary of state.".

 3        (8) If a juvenile is accused of an act, the nature of which

 4  constitutes a felony in which a motor vehicle was used, other

 5  than a felony specified in subsection (4) or section 319, the

 6  prosecuting attorney or family division of circuit court shall

 7  include the following statement on the petition filed in the

 8  court:

 9        "You are accused of an act the nature of which constitutes a

10  felony in which a motor vehicle was used. If the accusation is

11  found to be true and the judge or referee finds that the nature

12  of the act constitutes a felony in which a motor vehicle was

13  used, as defined in section 319 of the Michigan vehicle code,

14  1949 PA 300, MCL 257.319, your driver's license shall be

15  suspended by the secretary of state.".

16        (9) If the court determines as part of the sentence or

17  disposition that the felony for which the person was convicted or

18  adjudicated and with respect to which notice was given under

19  subsection (7) or (8) is a felony in which a motor vehicle was

20  used, the clerk of the court shall forward an abstract of the

21  court record of that conviction to the secretary of state.

22        (10) As used in subsections (11) and (12), "felony in which

23  a commercial motor vehicle was used" means a felony during the

24  commission of which the person operated a commercial motor

25  vehicle and while the person was operating the vehicle 1 or more

26  of the following circumstances existed:

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

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

 2  felony.

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

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

 5  felony.

 6        (11) If a person is charged with a felony in which a

 7  commercial motor vehicle was used and for which a vehicle group

 8  designation on a license is subject to suspension or revocation

 9  under section 319b(1)(c)(iii), 319b(1)(d), 319b(1)(e)(iii), or

10  319b(1)(f)(i), the prosecuting attorney shall include the

11  following statement on the complaint and information filed in

12  district or circuit court:

13        "You are charged with the commission of a felony in which a

14  commercial motor vehicle was used. If you are convicted and the

15  judge finds that the conviction is for a felony in which a

16  commercial motor vehicle was used, as defined in section 319b of

17  the Michigan vehicle code, 1949 PA 300, MCL 257.319b, all vehicle

18  group designations on your driver's license shall be suspended or

19  revoked by the secretary of state.".

20        (12) If the judge determines as part of the sentence that

21  the felony for which the defendant was convicted and with respect

22  to which notice was given under subsection (11) is a felony in

23  which a commercial motor vehicle was used, the clerk of the court

24  shall forward an abstract of the court record of that conviction

25  to the secretary of state.

26        (13) Every person required to forward abstracts to the

27  secretary of state under this section shall certify for the

 1  period from January 1 through June 30 and for the period from

 2  July 1 through December 31 that all abstracts required to be

 3  forwarded during the period have been forwarded. The

 4  certification shall be filed with the secretary of state not

 5  later than 28 days after the end of the period covered by the

 6  certification. The certification shall be made upon a form

 7  furnished by the secretary of state and shall include all of the

 8  following:

 9        (a) The name and title of the person required to forward

10  abstracts.

11        (b) The court for which the certification is filed.

12        (c) The time period covered by the certification.

13        (d) The following statement:

14        "I certify that all abstracts required by section 732 of the

15  Michigan vehicle code, MCL 257.732; MSA 9.2432, for the period

16  ________________ through ______________ have been forwarded to

17  the secretary of state.".

18        (e) Other information the secretary of state considers

19  necessary.

20        (f) The signature of the person required to forward

21  abstracts.

22        (14) The failure, refusal, or neglect of a person to comply

23  with this section constitutes misconduct in office and is grounds

24  for removal from office.

25        (15) Except as provided in subsection (16), the secretary of

26  state shall keep all abstracts received under this section at the

27  secretary of state's main office and the abstracts shall be open

 1  for public inspection during the office's usual business hours.

 2  Each abstract shall be entered upon the master driving record of

 3  the person to whom it pertains.

 4        (16) Except for controlled substance offenses described in

 5  subsection (4), the court shall not submit, and the secretary of

 6  state shall discard and not enter on the master driving record,

 7  an abstract for a conviction or civil infraction determination

 8  for any of the following violations:

 9        (a) The parking or standing of a vehicle.

10        (b) A nonmoving violation that is not the basis for the

11  secretary of state's suspension, revocation, or denial of an

12  operator's or chauffeur's license.

13        (c) A violation of chapter II that is not the basis for the

14  secretary of state's suspension, revocation, or denial of an

15  operator's or chauffeur's license.

16        (d) A pedestrian, passenger, or bicycle violation, other

17  than a violation of section 703(1) or (2) of the Michigan liquor

18  control code of 1998, 1998 PA 58, MCL 436.1703, or a local

19  ordinance substantially corresponding to section 703(1) or (2) of

20  the Michigan liquor control code of 1998, 1998 PA 58, MCL

21  436.1703, or section 624a or 624b or a local ordinance

22  substantially corresponding to section 624a or 624b.

23        (e) A violation of section 710e or a local ordinance

24  substantially corresponding to section 710e.

25        (f) A violation of section 328(1) if, before the appearance

26  date on the citation, the person submits proof to the court that

27  the motor vehicle had insurance meeting the requirements of

 1  sections 3101 and 3102 of the insurance code of 1956, 1956 PA

 2  218, MCL 500.3101 and 500.3102, at the time the citation was

 3  issued. Insurance obtained subsequent to the time of the

 4  violation does not make the violation an exception under this

 5  subsection.

 6        (g) A violation described in section  319b(4)(b)(vii)

 7  319b(10)(b)(vii) if, before the court appearance date or date fines

 8  are to be paid, the person submits proof to the court that he or

 9  she held a valid commercial driver license on the date the

10  citation was issued.

11        (17) Except as otherwise provided in this subsection, the

12  secretary of state shall discard and not enter on the master

13  driving record an abstract for a bond forfeiture that occurred

14  outside this state. The secretary of state shall enter on the

15  master driving record an abstract for a conviction as defined in

16  section 8a(b) that occurred outside this state in connection with

17  the operation of a commercial motor vehicle or for a conviction

18  of a person licensed as a commercial motor vehicle driver.

19        (18) The secretary of state shall inform the courts of this

20  state of the nonmoving violations and violations of chapter II

21  that are used by the secretary of state as the basis for the

22  suspension, restriction, revocation, or denial of an operator's

23  or chauffeur's license.

24        (19) If a conviction or civil infraction determination is

25  reversed upon appeal, the person whose conviction or

26  determination has been reversed may serve on the secretary of

27  state a certified copy of the order of reversal. The secretary of

 1  state shall enter the order in the proper book or index in

 2  connection with the record of the conviction or civil infraction

 3  determination.

 4        (20) The secretary of state may permit a city or village

 5  department, bureau, person, or court to modify the requirement as

 6  to the time and manner of reporting a conviction, civil

 7  infraction determination, or settlement to the secretary of state

 8  if the modification will increase the economy and efficiency of

 9  collecting and utilizing the records. If the permitted abstract

10  of court record reporting a conviction, civil infraction

11  determination, or settlement originates as a part of the written

12  notice to appear, authorized in section 728(1) or 742(1), the

13  form of the written notice and report shall be as prescribed by

14  the secretary of state.

15        (21) Notwithstanding any other law of this state, a court

16  shall not take under advisement an offense committed by a person

17  while operating a commercial motor vehicle or by a person

18  licensed to drive a commercial motor vehicle while operating a

19  noncommercial motor vehicle at the time of the offense, for which

20  this act requires a conviction or civil infraction determination

21  to be reported to the secretary of state. A conviction or civil

22  infraction determination that is the subject of this subsection

23  shall not be masked, delayed, diverted, suspended, or suppressed

24  by a court. Upon a conviction or civil infraction determination,

25  the conviction or civil infraction determination shall

26  immediately be reported to the secretary of state in accordance

27  with this section.

 1        (22) Except as provided in this act and notwithstanding any

 2  other provision of law, a court shall not order expunction of any

 3  violation reportable to the secretary of state under this

 4  section.

 5        Sec. 801c. (1) If a check or draft in payment of a fee or

 6  tax under this act is not paid on its first presentation, the fee

 7  or tax is delinquent as of the date the check or draft was

 8  tendered. The person tendering the check or draft remains liable

 9  for the payment of each fee or tax and a penalty.

10        (2) If a fee or tax is still delinquent 15 days after the

11  department gives notice to the person tendering the check or

12  draft, a penalty shall be assessed and collected in addition to

13  the fee or tax, and the penalty shall be deposited in the state

14  general fund. The penalty shall be assessed according to the

15  following table:

16 Amount of Check or Draft           Penalty

17 $ .01 to 15.00                     $ 5.00

18 15.01 to 50.00                     10.00

19 50.01 to 100.00                    20.00

20 100.01 to 300.00                   60.00

21 300.01 and higher                  20% of the check or draft

22        (3) An operator's or chauffeur's license shall not be issued

23  or renewed for a person who has had outstanding against him or

24  her a claim resulting from nonpayment of a check or draft used to

25  pay a fee or tax  on a vehicle  to the secretary of state.

26        (4) The department shall suspend, until all fees, taxes, and

 1  penalties due are paid, the operator's or chauffeur's license of

 2  a person who has had outstanding against him or her for not less

 3  than 60 days a claim resulting from nonpayment of a check or

 4  draft used to pay a fee or tax  on a vehicle  to the secretary of

 5  state. A person whose operator's or chauffeur's license has been

 6  suspended under this section shall not be subject to the

 7  examination provisions of section 320c.

 8        (5) The collection of delinquent accounts remains the

 9  responsibility of the office of secretary of state.

10        Sec. 811k.  (1) The secretary of state shall develop under

11  section 811e and, upon application, may issue under section 811f

12  a state-sponsored lighthouse fund-raising registration plate and

13  a matching state-sponsored lighthouse fund-raising collector

14  plate as provided under section 811g. The plate shall be of a

15  design as determined by the secretary of state.

16  (1)  (2)  The Michigan lighthouse preservation grant fund is

17  created as a separate fund in the department of treasury. The

18  fund shall be expended only as provided in this section. The

19  state treasurer may receive money or other assets from any source

20  for deposit into the fund. The state treasurer shall direct the

21  investment of the fund. The state treasurer shall credit to the

22  fund interest and earnings from fund investments. The state

23  treasurer shall annually present to the  secretary of state

24  department of history, arts, and libraries an accounting of the

25  amount of money in the fund. Money in the fund at the close of

26  the fiscal year shall remain in the fund and shall not lapse to

27  the general fund.

 1  (2)  (3)  The  secretary of state department of history,

 2  arts, and libraries shall administer the Michigan lighthouse

 3  preservation fund and may expend money from  the that fund

 4  through discretionary historical grants to preserve Michigan

 5  lighthouses. The  secretary of state department of history,

 6  arts, and libraries shall  not  use not more than 10% of the

 7  funds for  the secretary of state's  costs that occur from fund

 8  administration and grant project coordination.

 9  (3)  (4)  The  secretary of state department of history,

10  arts, and libraries may award grants under subsection (2) for the

11  preparation of plans and specifications for restoration and

12  stabilization and for stabilization, rehabilitation, or other

13  preservation work on a Michigan lighthouse, but grants shall not

14  be awarded for operational purposes. The  secretary of state

15  department of history, arts, and libraries shall allocate grant

16  funds pursuant to eligibility and scoring requirements

17  established by the  secretary of state department of history,

18  arts, and libraries. To award grants under this section, the

19  secretary of state department of history, arts, and libraries

20  shall solicit applications from eligible recipients, score

21  applications based on the established criteria, and award grants

22  through executed contracts. All plans and work performed under a

23  grant shall be consistent with the United States secretary of the

24  interior's standards for rehabilitation and guidelines for

25  rehabilitating historic buildings,  36 C.F.R. 36 CFR 67,

26  historic preservation certifications.

27  (4)  (5) Lighthouse fund-raising registration plate

 1  donations collected under section 811f and matching lighthouse

 2  collector plate fund-raising donations collected under section

 3  Fund-raising donations for plates recognizing the historical

 4  lighthouses of this state under sections 811f and 811g shall be

 5  transferred under section  811m 811h by the secretary of state

 6  to the state treasurer, who shall credit the donation money to

 7  the Michigan lighthouse preservation grant fund for the

 8  preservation of historic Michigan lighthouses.

 9        (6) For purposes of this chapter, "state-sponsored

10  lighthouse fund-raising registration plate" means a registration

11  plate containing a specialized design pertaining to historic

12  Michigan lighthouses.

13        Sec. 907. (1) A violation of this act, or a local ordinance

14  substantially corresponding to a provision of this act, that is

15  designated a civil infraction shall not be considered a lesser

16  included offense of a criminal offense.

17        (2) If a person is determined pursuant to sections 741 to

18  750 to be responsible or responsible "with explanation" for a

19  civil infraction under this act or a local ordinance

20  substantially corresponding to a provision of this act, the judge

21  or district court magistrate may order the person to pay a civil

22  fine of not more than $100.00 and costs as provided in subsection

23  (4). However, for a violation of section 674(1)(s) or a local

24  ordinance substantially corresponding to section 674(1)(s), the

25  person shall be ordered to pay costs as provided in subsection

26  (4) and a civil fine of not less than $100.00 or more than

27  $250.00. For a violation of section 328, the civil fine ordered

 1  under this subsection shall be not more than $50.00. For a

 2  violation of section 710d, the civil fine ordered under this

 3  subsection shall not exceed $10.00. For a violation of section

 4  710e, the civil fine and court costs ordered under this

 5  subsection shall be $25.00. For a violation of section 682 or a

 6  local ordinance substantially corresponding to section 682, the

 7  person shall be ordered to pay costs as provided in subsection

 8  (4) and a civil fine of not less than $100.00 or more than

 9  $500.00. For a violation of section 240, the civil fine ordered

10  under this subsection shall be $15.00. For a violation of section

11  252a(1), the civil fine ordered under this subsection shall be

12  $50.00. For a violation of section 676a(3), the civil fine

13  ordered under this section shall be not more than $10.00. For a

14  violation of section 319f(1), the civil fine ordered under this

15  section shall be not less than $1,100.00 or more than $2,750.00.

16  For a violation of section 319g(1)(a), the civil fine ordered

17  under this section shall be not more than $10,000.00. For a

18  violation of section 319g(1)(b), the civil fine ordered under

19  this section shall be not less than $2,750.00 or more than

20  $11,000.00. Permission may be granted for payment of a civil fine

21  and costs to be made within a specified period of time or in

22  specified installments, but unless permission is included in the

23  order or judgment, the civil fine and costs shall be payable

24  immediately.

25        (3) Except as provided in this subsection, if a person is

26  determined to be responsible or responsible "with explanation"

27  for a civil infraction under this act or a local ordinance

 1  substantially corresponding to a provision of this act while

 2  driving a commercial motor vehicle, he or she shall be ordered to

 3  pay costs as provided in subsection (4) and a civil fine of not

 4  more than $250.00. If a person is determined to be responsible or

 5  responsible "with explanation" for a civil infraction under

 6  section 319g or a local ordinance substantially corresponding to

 7  section 319g, that person shall be ordered to pay costs as

 8  provided in subsection (4) and a civil fine of not more than

 9  $10,000.00.

10        (4) If a civil fine is ordered under subsection (2) or (3),

11  the judge or district court magistrate shall summarily tax and

12  determine the costs of the action, which are not limited to the

13  costs taxable in ordinary civil actions, and may include all

14  expenses, direct and indirect, to which the plaintiff has been

15  put in connection with the civil infraction, up to the entry of

16  judgment. Costs shall not be ordered in excess of $100.00. A

17  civil fine ordered under subsection (2) or (3) shall not be

18  waived unless costs ordered under this subsection are waived.

19  Except as otherwise provided by law, costs are payable to the

20  general fund of the plaintiff.

21        (5) In addition to a civil fine and costs ordered under

22  subsection (2) or (3) and subsection (4) and the justice system

23  assessment ordered under subsection (14), the judge or district

24  court magistrate may order the person to attend and complete a

25  program of treatment, education, or rehabilitation.

26        (6) A district court magistrate shall impose the sanctions

27  permitted under subsections (2), (3), and (5) only to the extent

 1  expressly authorized by the chief judge or only judge of the

 2  district court district.

 3        (7) Each district of the district court and each municipal

 4  court may establish a schedule of civil fines, costs, and

 5  assessments to be imposed for civil infractions that occur within

 6  the respective district or city. If a schedule is established, it

 7  shall be prominently posted and readily available for public

 8  inspection. A schedule need not include all violations that are

 9  designated by law or ordinance as civil infractions. A schedule

10  may exclude cases on the basis of a defendant's prior record of

11  civil infractions or traffic offenses, or a combination of civil

12  infractions and traffic offenses.

13        (8) The state court administrator shall annually publish and

14  distribute to each district and court a recommended range of

15  civil fines and costs for first-time civil infractions. This

16  recommendation is not binding upon the courts having jurisdiction

17  over civil infractions but is intended to act as a normative

18  guide for judges and district court magistrates and a basis for

19  public evaluation of disparities in the imposition of civil fines

20  and costs throughout the state.

21        (9) If a person has received a civil infraction citation for

22  defective safety equipment on a vehicle under section 683, the

23  court shall waive a civil fine, costs, and assessments upon

24  receipt of certification by a law enforcement agency that repair

25  of the defective equipment was made before the appearance date on

26  the citation.

27        (10) A default in the payment of a civil fine or costs

 1  ordered under subsection (2), (3), or (4) or a justice system

 2  assessment ordered under subsection (14), or an installment of

 3  the fine, costs, or assessment, may be collected by a means

 4  authorized for the enforcement of a judgment under chapter 40 of

 5  the revised judicature act of 1961, 1961 PA 236, MCL 600.4001 to

 6  600.4065, or under chapter 60 of the revised judicature act of

 7  1961, 1961 PA 236, MCL 600.6001 to 600.6098.

 8        (11) If a person fails to comply with an order or judgment

 9  issued pursuant to this section within the time prescribed by the

10  court, the driver's license of that person shall be suspended

11  pursuant to section 321a until full compliance with that order or

12  judgment occurs. In addition to this suspension, the court may

13  also proceed under section 908.

14        (12) The court shall waive any civil fine, cost, or

15  assessment against a person who received a civil infraction

16  citation for a violation of section 710d if the person, before

17  the appearance date on the citation, supplies the court with

18  evidence of acquisition, purchase, or rental of a child seating

19  system meeting the requirements of section 710d.

20        (13) Until October 1, 2003, in addition to any civil fines

21  and costs ordered to be paid under this section, the judge or

22  district court magistrate shall levy an assessment of $5.00 for

23  each civil infraction determination, except for a parking

24  violation or a violation for which the total fine and costs

25  imposed are $10.00 or less. An assessment paid before October 1,

26  2003 shall be transmitted by the clerk of the court to the state

27  treasurer to be deposited into the Michigan justice training

 1  fund. An assessment ordered before October 1, 2003 but collected

 2  on or after October 1, 2003 shall be transmitted by the clerk of

 3  the court to the state treasurer for deposit in the justice

 4  system fund created in section 181 of the revised judicature act

 5  of 1961, 1961 PA 236, MCL 600.181. An assessment levied under

 6  this subsection is not a civil fine for purposes of section 909.

 7        (14) Effective October 1, 2003, in addition to any civil

 8  fines or costs ordered to be paid under this section, the judge

 9  or district court magistrate shall order the defendant to pay a

10  justice system assessment of $40.00 for each civil infraction

11  determination, except for a parking violation or a violation for

12  which the total fine and costs imposed are $10.00 or less. Upon

13  payment of the assessment, the clerk of the court shall transmit

14  the assessment collected to the state treasury to be deposited

15  into the justice system fund created in section 181 of the

16  revised judicature act of 1961, 1961 PA 236, MCL 600.181. An

17  assessment levied under this subsection is not a civil fine for

18  purposes of section 909.

19        (15) If a person has received a citation for a violation of

20  section 223, the court shall waive any civil fine, costs, and

21  assessment, upon receipt of certification by a law enforcement

22  agency that the person, before the appearance date on the

23  citation, produced a valid registration certificate that was

24  valid on the date the violation of section 223 occurred.

25        (16) If a person has received a citation for a violation of

26  section 328(1) for failing to produce a certificate of insurance

27  pursuant to section 328(2), the court may waive the fee described

 1  in section 328(3)(c) and shall waive any fine, costs, and any

 2  other fee or assessment otherwise authorized under this act upon

 3  receipt of verification by the court that the person, before the

 4  appearance date on the citation, produced valid proof of

 5  insurance that was in effect at the time the violation of section

 6  328(1) occurred. Insurance obtained subsequent to the time of the

 7  violation does not make the person eligible for a waiver under

 8  this subsection.