HOUSE BILL No. 6085

 

May 18, 2006, Introduced by Reps. Ward, Pavlov, Marleau, Emmons, Hummel, Amos, Hildenbrand, Stakoe, Drolet, Palsrok, Hoogendyk, Elsenheimer, Gaffney, Hune and Gosselin and referred to the Committee on House Oversight, Elections, and Ethics.

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 307, 307a, and 310 (MCL 257.307, 257.307a,

 

and 257.310), section 307 as amended by 2005 PA 142, section 307a

 

as added by 1988 PA 346, and section 310 as amended by 2005 PA

 

141.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

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

 

 3  age or other sufficient documents or identification as the

 

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

 

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

 

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

 

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

 


 1  address, if the applicant is a United States citizen, a statement

 

 2  that he or she is a United States citizen, height, sex, eye

 

 3  color, signature, and, beginning January 1, 2007, intent to be an

 

 4  organ donor, other information required or permitted on the

 

 5  license under this chapter, and, to the extent required to comply

 

 6  with federal law, the applicant's social security number. The

 

 7  applicant may provide a mailing address if the applicant receives

 

 8  mail at an address different from his or her residence address.

 

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

 

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

 

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

 

12  secretary of state is required to use the residence address

 

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

 

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

 

 

15 "NOTICE: Michigan law requires that the same address

16 be used for voter registration and driver license

17 purposes. Therefore, if the residence address

18 you provide in this application differs from your

19 voter registration address as it appears on the

20 qualified voter file, the secretary of state

21 will automatically change your voter registration

22 to match the residence address on this application,

23 after which your voter registration at your former

24 address will no longer be valid for voting purposes.

25 A new voter registration card, containing the

26 information of your polling place, will be provided

27 to you by the clerk of the jurisdiction where your

28 residence address is located.".

 


 

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

 

 2  license with a vehicle group designation or indorsement, the

 

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

 

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

 

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

 

 6  group designation or indorsement, the following certifications by

 

 7  the applicant:

 

 8        (i) The applicant meets the applicable federal driver

 

 9  qualification requirements under 49 CFR part 391 if the applicant

 

10  operates or intends to operate in interstate commerce or meets

 

11  the applicable qualifications under the rules promulgated by the

 

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

 

13  1963, 1963 PA 181, MCL 480.11 to  480.22  480.25, if the

 

14  applicant operates or intends to operate in intrastate commerce.

 

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

 

16  skills tests is representative of the type of vehicle the

 

17  applicant operates or intends to operate.

 

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

 

19  United States secretary of transportation, or a suspension,

 

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

 

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

 

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

 

23  than 1 state or jurisdiction.

 

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

 

25  with a vehicle group designation and a hazardous material

 

26  indorsement shall provide his or her fingerprints as prescribed

 

27  by state and federal law.


 

 1        (2) Except as provided in this subsection, an applicant for

 

 2  an operator's or chauffeur's license may have his or her image

 

 3  and signature captured or reproduced when the application for the

 

 4  license is made. An applicant required under section 5a of the

 

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

 

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

 

 7  state personal identification card shall have his or her image

 

 8  and signature captured or reproduced when the application for the

 

 9  license is made. The secretary of state shall acquire by purchase

 

10  or lease the equipment for capturing the images and signatures

 

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

 

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

 

13  shall acquire equipment purchased or leased pursuant to this

 

14  section under standard purchasing procedures of the department of

 

15  management and budget based on standards and specifications

 

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

 

17  shall not purchase or lease equipment until an appropriation for

 

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

 

19  signature captured pursuant to this section shall appear on the

 

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

 

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

 

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

 

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

 

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

 

25  a person's image or signature, or both, unless the person grants

 

26  written permission for that purpose to the secretary of state or

 

27  specific enabling legislation permitting the use is enacted into


 

 1  law. A law enforcement agency of this state has access to

 

 2  information retained by the secretary of state under this

 

 3  subsection. The information may be utilized for any law

 

 4  enforcement purpose unless otherwise prohibited by law. The

 

 5  department of state police shall provide to the secretary of

 

 6  state updated lists of persons required to be registered under

 

 7  the sex offenders registration act, 1994 PA 295, MCL 28.721 to  

 

 8  28.732  28.736, and the secretary of state shall make the images

 

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

 

10  provided in that act.

 

11        (3) An application shall contain a signature or verification

 

12  and certification by the applicant, as determined by the

 

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

 

14  The secretary of state shall collect the application fee with the

 

15  application. The secretary of state shall refund the application

 

16  fee to the applicant if the license applied for is denied, but

 

17  shall not refund the fee to an applicant who fails to complete

 

18  the examination requirements of the secretary of state within 90

 

19  days after the date of application for a license.

 

20        (4) In conjunction with the application for or, until

 

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

 

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

 

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

 

24        (i) Information explaining the applicant's right to make an

 

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

 

26  310.

 

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


 

 1  registry program. The information required under this

 

 2  subparagraph includes the address and telephone number of

 

 3  Michigan's federally designated organ procurement organization or

 

 4  its successor organization.

 

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

 

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

 

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

 

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

 

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

 

10  accordance with section 310.

 

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

 

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

 

13  or her name placed on the registry described in subdivision

 

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

 

15  for the registry.

 

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

 

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

 

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

 

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

 

20  credit of the organ and tissue donation education fund.

 

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

 

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

 

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

 

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

 

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

 

26        (b) Providing printed material to an applicant who

 

27  personally appears at a secretary of state branch office.


 

 1        (c) Through electronic information transmittals for

 

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

 

 3  means.

 

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

 

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

 

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

 

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

 

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

 

 9  maintained by Michigan's federally designated organ procurement

 

10  organization or its successor organization. The secretary of

 

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

 

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

 

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

 

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

 

15  registry after forwarding that information to the organ donor

 

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

 

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

 

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

 

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

 

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

 

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

 

22  2007, the secretary of state shall maintain a record of an

 

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

 

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

 

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

 

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

 

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


 

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

 

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

 

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

 

 4  licensed in another jurisdiction, the secretary of state shall

 

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

 

 6  available information from the national driver register. When

 

 7  received, the driving record and other available information

 

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

 

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

 

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

 

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

 

12  record from all states where the applicant was previously

 

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

 

14  years before issuing a vehicle group designation or indorsement

 

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

 

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

 

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

 

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

 

19  secretary of state issues the applicant a vehicle group

 

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

 

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

 

22  state issues the applicant a vehicle group designation or

 

23  indorsement. The secretary of state shall also check the

 

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

 

25  the federal commercial driver license information system before

 

26  issuing that group designation or indorsement. If the application

 

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


 

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

 

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

 

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

 

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

 

 5  record from other states only once under this section.

 

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

 

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

 

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

 

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

 

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

 

11  applicant's driving record through the national driver register

 

12  and the commercial driver license information system before

 

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

 

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

 

15  person required under section 5a of the sex offenders

 

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

 

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

 

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

 

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

 

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

 

21  department of state police shall provide to the secretary of

 

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

 

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

 

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

 

25  state personal identification card.

 

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

 

27  information manual to an applicant explaining how to obtain a


 

 1  vehicle group designation or indorsement. The manual shall

 

 2  contain the information required under 49 CFR part 383.

 

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

 

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

 

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

 

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

 

 7  and state law and rules related to this chapter.

 

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

 

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

 

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

 

11  paternity, child support, or overdue child support.

 

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

 

13  national driver register and the commercial driver license

 

14  information system when issuing a license under this act.

 

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

 

16  with vital records maintained by the department of community

 

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

 

18  333.2801 to 333.2899.

 

19        (e) As otherwise required by law.

 

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

 

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

 

22  license.

 

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

 

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

 

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

 

26  social security number or to an applicant who for religious

 

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


 

 1  social security number under these circumstances. The secretary

 

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

 

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

 

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

 

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

 

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

 

 7  procurement organizations, their successor organizations, and

 

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

 

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

 

10        Sec. 307a. For an operator or chauffeur license which

 

11  contains a vehicle group designation, the secretary of state

 

12  shall issue a license that contains the information required

 

13  under this act and all of the following information:

 

14        (a) The name and address of residence of the licensee and,

 

15  if the licensee is a United States citizen, a statement that he

 

16  or she is a United States citizen.

 

17        (b) Date of birth.

 

18        (c) Height and sex.

 

19        (d) Information as considered necessary by the United States

 

20  department of transportation to identify the licensee.

 

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

 

22  commercial motor vehicle the licensee is authorized to operate.

 

23        (f) The name of this state.

 

24        (g) The expiration date of the license.

 

25        Sec. 310. (1) The secretary of state shall issue an

 

26  operator's license to each person licensed as an operator and a

 

27  chauffeur's license to each person licensed as a chauffeur. An


 

 1  applicant for a motorcycle indorsement under section 312a or a

 

 2  vehicle group designation or indorsement shall first qualify for

 

 3  an operator's or chauffeur's license before the indorsement or

 

 4  vehicle group designation application is accepted and processed.

 

 5  On and after July 1, 2003, an original license or the first

 

 6  renewal of an existing license issued to a person less than 21

 

 7  years of age shall be portrait or vertical in form and a license

 

 8  issued to a person 21 years of age or over shall be landscape or

 

 9  horizontal in form.

 

10        (2) The license issued under subsection (1) shall contain

 

11  all of the following information:

 

12        (a) The distinguishing number permanently assigned to the

 

13  licensee.

 

14        (b) The full name, date of birth, address of residence, if

 

15  the licensee is a United States citizen, a statement that he or

 

16  she is a United States citizen, height, eye color, sex, image,

 

17  and signature of the licensee.

 

18        (c) Until January 1, 2007, a place for the licensee to

 

19  indicate 1 or more of the following:

 

20        (i) The blood type of the licensee.

 

21        (ii) Immunization data of the licensee.

 

22        (iii) Medication data of the licensee.

 

23        (iv) A statement that the licensee is deaf.

 

24        (v) Until January 1, 2007, a statement that the licensee is

 

25  an organ and tissue donor under part 101 of the public health

 

26  code, 1978 PA 368, MCL 333.10101 to 333.10109.

 

27        (vi) Emergency contact information of the licensee.


 

 1        (vii) A sticker or decal as specified by the secretary of

 

 2  state to indicate that the licensee has designated 1 or more

 

 3  patient advocates in accordance with section 5506 of the estates

 

 4  and protected individuals code, 1998 PA 386, MCL 700.5506, or a

 

 5  statement that the licensee carries an emergency medical

 

 6  information card.

 

 7        (d) Until January 1, 2007, if the licensee has made a

 

 8  statement described in subdivision (c)(v), the signature of the

 

 9  licensee following the indication of his or her organ and tissue

 

10  donor intent identified in subdivision (c)(v), along with the

 

11  signature of at least 1 witness.

 

12        (e) In the case of a licensee who is less than 18 years of

 

13  age at the time of issuance of the license, the date on which the

 

14  licensee will become 18 years of age and 21 years of age.

 

15        (f) In the case of a licensee who is at least 18 years of

 

16  age but less than 21 years of age at the time of issuance of the

 

17  license, the date on which the licensee will become 21 years of

 

18  age.

 

19        (g) Beginning January 1, 2007, in the case of a licensee who

 

20  has indicated his or her wish to participate in the organ and

 

21  tissue donor registry under part 101 of the public health code,

 

22  1978 PA 368, MCL 333.10101 to 333.10109, a heart insignia on the

 

23  front of the license.

 

24        (3) Except as otherwise required under this chapter, other

 

25  information required on the license pursuant to this chapter may

 

26  appear on the license in a form prescribed by the secretary of

 

27  state.


 

 1        (4) The license shall not contain a fingerprint or finger

 

 2  image of the licensee.

 

 3        (5) A digitized license may contain an identifier for voter

 

 4  registration purposes. The digitized license may contain

 

 5  information appearing in electronic or machine readable codes

 

 6  needed to conduct a transaction with the secretary of state. The

 

 7  information shall be limited to the person's driver license

 

 8  number, birth date, license expiration date, and other

 

 9  information necessary for use with electronic devices, machine

 

10  readers, or automatic teller machines and shall not contain the

 

11  person's name, address, driving record, or other personal

 

12  identifier. The license shall identify the encoded information.

 

13        (6) The license shall be manufactured in a manner to

 

14  prohibit as nearly as possible the ability to reproduce, alter,

 

15  counterfeit, forge, or duplicate the license without ready

 

16  detection. In addition, a license with a vehicle group

 

17  designation shall contain the information required under 49 CFR

 

18  part 383.

 

19        (7) Except as provided in subsection (11), a person who

 

20  intentionally reproduces, alters, counterfeits, forges, or

 

21  duplicates a license photograph, the negative of the photograph,

 

22  image, license, or electronic data contained on a license or a

 

23  part of a license or who uses a license, image, or photograph

 

24  that has been reproduced, altered, counterfeited, forged, or

 

25  duplicated is subject to 1 of the following:

 

26        (a) If the intent of the reproduction, alteration,

 

27  counterfeiting, forging, duplication, or use is to commit or aid


 

 1  in the commission of an offense that is a felony punishable by

 

 2  imprisonment for 10 or more years, the person committing the

 

 3  reproduction, alteration, counterfeiting, forging, duplication,

 

 4  or use is guilty of a felony, punishable by imprisonment for not

 

 5  more than 10 years or a fine of not more than $20,000.00, or

 

 6  both.

 

 7        (b) If the intent of the reproduction, alteration,

 

 8  counterfeiting, forging, duplication, or use is to commit or aid

 

 9  in the commission of an offense that is a felony punishable by

 

10  imprisonment for less than 10 years or a misdemeanor punishable

 

11  by imprisonment for 6 months or more, the person committing the

 

12  reproduction, alteration, counterfeiting, forging, duplication,

 

13  or use is guilty of a felony, punishable by imprisonment for not

 

14  more than 5 years, or a fine of not more than $10,000.00, or

 

15  both.

 

16        (c) If the intent of the reproduction, alteration,

 

17  counterfeiting, forging, duplication, or use is to commit or aid

 

18  in the commission of an offense that is a misdemeanor punishable

 

19  by imprisonment for less than 6 months, the person committing the

 

20  reproduction, alteration, counterfeiting, forging, duplication,

 

21  or use is guilty of a misdemeanor punishable by imprisonment for

 

22  not more than 1 year or a fine of not more than $2,000.00, or

 

23  both.

 

24        (8) Except as provided in subsections (11) and (16), a

 

25  person who sells, or who possesses with the intent to deliver to

 

26  another, a reproduced, altered, counterfeited, forged, or

 

27  duplicated license photograph, negative of the photograph, image,


 

 1  license, or electronic data contained on a license or part of a

 

 2  license is guilty of a felony punishable by imprisonment for not

 

 3  more than 5 years or a fine of not more than $10,000.00, or both.

 

 4        (9) Except as provided in subsections (11) and (16), a

 

 5  person who is in possession of 2 or more reproduced, altered,

 

 6  counterfeited, forged, or duplicated license photographs,

 

 7  negatives of the photograph, images, licenses, or electronic data

 

 8  contained on a license or part of a license is guilty of a felony

 

 9  punishable by imprisonment for not more than 5 years or a fine of

 

10  not more than $10,000.00, or both.

 

11        (10) Except as provided in subsection (16), a person who is

 

12  in possession of a reproduced, altered, counterfeited, forged, or

 

13  duplicated license photograph, negative of the photograph, image,

 

14  license, or electronic data contained on a license or part of a

 

15  license is guilty of a misdemeanor punishable by imprisonment for

 

16  not more than 1 year or a fine of not more than $2,000.00, or

 

17  both.

 

18        (11) Subsections (7)(a) and (b), (8), and (9) do not apply

 

19  to a minor whose intent is to violate section 703 of the Michigan

 

20  liquor control code of 1998, 1998 PA 58, MCL 436.1703.

 

21        (12) The secretary of state, upon determining after an

 

22  examination that an applicant is mentally and physically

 

23  qualified to receive a license, may issue the applicant a

 

24  temporary driver's permit. The temporary driver's permit entitles

 

25  the applicant, while having the permit in his or her immediate

 

26  possession, to drive a motor vehicle upon the highway for a

 

27  period not exceeding 60 days before the secretary of state has


 

 1  issued the applicant an operator's or chauffeur's license. The

 

 2  secretary of state may establish a longer duration for the

 

 3  validity of a temporary driver's permit if necessary to

 

 4  accommodate the process of obtaining a background check that is

 

 5  required for an applicant by federal law.

 

 6        (13) An operator or chauffeur may indicate on the license in

 

 7  a place designated by the secretary of state his or her blood

 

 8  type, emergency contact information, immunization data,

 

 9  medication data, or a statement that the licensee is deaf, or,

 

10  until January 1, 2007, a statement that the licensee is an organ

 

11  and tissue donor and has made an anatomical gift under part 101

 

12  of the public health code, 1978 PA 368, MCL 333.10101 to

 

13  333.10109.

 

14        (14) An operator or chauffeur may indicate on the license in

 

15  a place designated by the secretary of state that he or she has

 

16  designated a patient advocate in accordance with sections 5506 to

 

17  5513 of the estates and protected individuals code, 1998 PA 386,

 

18  MCL 700.5506 to  700.5513  700.5512.

 

19        (15) If the applicant provides proof to the secretary of

 

20  state that he or she is a minor who has been emancipated under

 

21  1968 PA 293, MCL 722.1 to 722.6, the license shall bear the

 

22  designation of the individual's emancipated status in a manner

 

23  prescribed by the secretary of state.

 

24        (16) Subsections (8), (9), and (10) do not apply to a person

 

25  who is in possession of 1 or more photocopies, reproductions, or

 

26  duplications of a license to document the identity of the

 

27  licensee for a legitimate business purpose.


 

 1        (17) The sticker or decal described in subsection (2)(c)(vii)

 

 2  may be provided by any person, hospital, school, medical group,

 

 3  or association interested in assisting in implementing the

 

 4  emergency medical information card, but shall meet the

 

 5  specifications of the secretary of state. The emergency medical

 

 6  information card may contain the information described in

 

 7  subsection (2)(c)(vi), information concerning the licensee's

 

 8  patient advocate designation, other emergency medical

 

 9  information, or an indication as to where the licensee has stored

 

10  or registered emergency medical information.

 

11        (18) Beginning January 1, 2007, the secretary of state shall

 

12  inquire of each licensee, in person or by mail, whether the

 

13  licensee agrees to participate in the organ, tissue, and eye

 

14  donor registry under part 101 of the public health code, 1978 PA

 

15  368, MCL 333.10101 to 333.10109.

 

16        (19) A licensee who has agreed to participate in the organ,

 

17  tissue, and eye donor registry under part 101 of the public

 

18  health code, 1978 PA 368, MCL 333.10101 to 333.10109, shall not

 

19  be considered to have revoked that agreement solely because the

 

20  licensee's license has been revoked or suspended or has expired.

 

21  Enrollment in the organ, tissue, and eye donor registry

 

22  constitutes a legal agreement that remains binding and in effect

 

23  after the donor's death regardless of the expressed desires of

 

24  the deceased donor's next of kin who may oppose the donor's

 

25  organ, tissue, or eye donation.