SENATE BILL No. 844

 

 

October 25, 2005, Introduced by Senator SANBORN and referred to the Committee on Transportation.

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 307 and 314 (MCL 257.307 and 257.314), section

 

307 as amended by 2004 PA 502 and section 314 as amended by 2004 PA

 

362.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

license shall supply a birth certificate attesting to his or her

 

age or other sufficient documents or identification as the

 

secretary of state may require. The documents shall be sufficient

 

to establish that the applicant is a citizen of the United States

 

or a resident alien lawfully admitted to the United States. An

 

application for an operator's or chauffeur's license shall be made

 

in a manner prescribed by the secretary of state and shall contain


 

all of the following:

 

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

 

address, height, sex, eye color, signature, other information

 

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

 

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

 

social security number. The secretary of state shall confirm with

 

the social security administration a social security account number

 

presented by an applicant. The applicant may provide a mailing

 

address if the applicant receives mail at an address different from

 

his or her residence address.

 

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

 

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

 

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

 

of state is required to use the residence address provided on this

 

application as the applicant's residence address on the qualified

 

voter file for voter registration and voting:

 

    

 

     "NOTICE: Michigan law requires that the same address be used

 

for voter registration and driver license purposes. Therefore, if

 

the residence address you provide in this application differs from

 

your voter registration address as it appears on the qualified

 

voter file, the secretary of state will automatically change your

 

voter registration to match the residence address on this

 

application, after which your voter registration at your former

 

address will no longer be valid for voting purposes. A new voter

 

registration card, containing the information of your polling

 

place, will be provided to you by the clerk of the jurisdiction


 

where your residence address is located.".

 

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

 

license with a vehicle group designation or indorsement, the names

 

of all states where the applicant has been licensed to drive any

 

type of motor vehicle during the previous 10 years.

 

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

 

group designation or indorsement, the following certifications by

 

the applicant:

 

     (i) The applicant meets the applicable federal driver

 

qualification requirements under 49 CFR part 391 if the applicant

 

operates or intends to operate in interstate commerce or meets the

 

applicable qualifications under the rules promulgated by the

 

department of state police under the motor carrier safety act of

 

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

 

or intends to operate in intrastate commerce.

 

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

 

skills tests is representative of the type of vehicle the applicant

 

operates or intends to operate.

 

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

 

United States secretary of transportation, or a suspension,

 

revocation, or cancellation under any state law for conviction of

 

an offense described in section 312f or 319b.

 

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

 

than 1 state or jurisdiction.

 

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

 

a vehicle group designation and a hazardous material indorsement (H

 

vehicle indorsement) shall provide his or her fingerprints that


 

were taken by a law enforcement official or a designated

 

representative for investigation as required by the uniting and

 

strengthening America by providing appropriate tools required to

 

intercept and obstruct terrorism (USA PATRIOT ACT) Act of 2001,

 

Public Law 107-56.

 

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

 

operator's or chauffeur's license may have his or her image and

 

signature captured or reproduced when the application for the

 

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

 

offenders registration act, 1994 PA 295, MCL 28.725a, to maintain a

 

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

 

identification card shall have his or her image and signature

 

captured or reproduced when the application for the license is

 

made. The secretary of state shall acquire by purchase or lease the

 

equipment for capturing the images and signatures and may furnish

 

the equipment to a local unit authorized by the secretary of state

 

to license drivers. The secretary of state shall acquire equipment

 

purchased or leased pursuant to this section under standard

 

purchasing procedures of the department of management and budget

 

based on standards and specifications established by the secretary

 

of state. The secretary of state shall not purchase or lease

 

equipment until an appropriation for the equipment has been made by

 

the legislature. An image and signature captured pursuant to this

 

section shall appear on the applicant's operator's or chauffeur's

 

license. Except as provided in this subsection, the secretary of

 

state may retain and use a person's image and signature described

 

in this subsection only for programs administered by the secretary


 

of state. Except as provided in this subsection, the secretary of

 

state shall not use a person's image or signature, or both, unless

 

the person grants written permission for that purpose to the

 

secretary of state or specific enabling legislation permitting the

 

use is enacted into law. A law enforcement agency of this state has

 

access to information retained by the secretary of state under this

 

subsection. The information may be utilized for any law enforcement

 

purpose unless otherwise prohibited by law. The department of state

 

police shall provide to the secretary of state updated lists of

 

persons required to be registered under the sex offenders

 

registration act, 1994 PA 295, MCL 28.721 to 28.732, and the

 

secretary of state shall make the images of those persons available

 

to the department of state police as provided in that act.

 

     (3) An application shall contain a signature or verification

 

and certification by the applicant, as determined by the secretary

 

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

 

of state shall collect the application fee with the application.

 

The secretary of state shall refund the application fee to the

 

applicant if the license applied for is denied, but shall not

 

refund the fee to an applicant who fails to complete the

 

examination requirements of the secretary of state within 90 days

 

after the date of application for a license.

 

     (4) In conjunction with the issuance of an operator's or

 

chauffeur's license, the secretary of state shall do all of the

 

following:

 

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

 

     (i) Written information explaining the applicant's right to


 

make an anatomical gift in the event of death in accordance with

 

section 310.

 

     (ii) Written information describing the organ donation registry

 

program maintained by Michigan's federally designated organ

 

procurement organization or its successor organization. The written

 

information required under this subparagraph shall include, in a

 

type size and format that is conspicuous in relation to the

 

surrounding material, the address and telephone number of

 

Michigan's federally designated organ procurement organization or

 

its successor organization, along with an advisory to call

 

Michigan's federally designated organ procurement organization or

 

its successor organization with questions about the organ donor

 

registry program.

 

     (iii) Written information giving the applicant the opportunity

 

to be placed on the organ donation registry described in

 

subparagraph (ii).

 

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

 

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

 

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

 

accordance with section 310.

 

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

 

indicates to the secretary of state under this section a

 

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

 

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

 

will forward the applicant's name and address to the organ donation

 

registry maintained by Michigan's federally designated organ

 

procurement organization or its successor organization, as required


 

by subsection (6).

 

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

 

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

 

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

 

this provision shall be deposited in the state treasury to the

 

credit of the organ and tissue donation education fund.

 

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

 

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

 

     (a) Providing printed material enclosed with a mailed notice

 

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

 

an operator's or chauffeur's license.

 

     (b) Providing printed material to an applicant who personally

 

appears at a secretary of state branch office.

 

     (c) Through electronic information transmittals for operator's

 

and chauffeur's licenses processed by electronic means.

 

     (6) If an applicant indicates a willingness under this section

 

to have his or her name placed on the organ donor registry

 

described in subsection (4)(a)(ii), the secretary of state shall

 

within 10 days forward the applicant's name and address to the

 

organ donor registry maintained by Michigan's federally designated

 

organ procurement organization or its successor organization. The

 

secretary of state may forward information under this subsection by

 

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

 

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

 

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

 

donor registry after forwarding that information to the organ donor

 

registry under this subsection. Information about an applicant's


 

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

 

organ donor registry that is obtained by the secretary of state

 

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

 

from disclosure under the freedom of information act, 1976 PA 442,

 

MCL 15.231 to 15.246, pursuant to section 13(1)(d) of the freedom

 

of information act, 1976 PA 442, MCL 15.243.

 

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

 

licensed in another jurisdiction, the secretary of state shall

 

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

 

available information from the national driver register. When

 

received, the driving record and other available information become

 

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

 

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

 

upgrade of a vehicle group designation or indorsement, the

 

secretary of state shall request the person's complete driving

 

record from all states where the applicant was previously licensed

 

to drive any type of motor vehicle over the last 10 years before

 

issuing a vehicle group designation or indorsement to the

 

applicant. If the applicant does not hold a valid commercial motor

 

vehicle driver license from a state where he or she was licensed in

 

the last 10 years, this complete driving record request must be

 

made not earlier than 24 hours before the secretary of state issues

 

the applicant a vehicle group designation or indorsement. For all

 

other drivers, this request must be made not earlier than 10 days

 

before the secretary of state issues the applicant a vehicle group

 

designation or indorsement. The secretary of state shall also check

 

the applicant's driving record with the national driver register


 

and the federal commercial driver license information system before

 

issuing that group designation or indorsement. If the application

 

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

 

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

 

driving record maintained under section 204a a notation that the

 

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

 

state is required to request the applicant's complete driving

 

record from other states only once under this section.

 

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

 

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

 

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

 

period by mail or by other methods prescribed by the secretary of

 

state. The secretary of state may check the applicant's driving

 

record through the national driver register and the commercial

 

driver license information system before issuing a license under

 

this section. The secretary of state shall issue a renewal license

 

only in person if the person is a person required under section 5a

 

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

 

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

 

state personal identification card. If a license is renewed by mail

 

or by other method, the secretary of state shall issue evidence of

 

renewal to indicate the date the license expires in the future. The

 

department of state police shall provide to the secretary of state

 

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

 

offenders registration act, 1994 PA 295, MCL 28.725a, to maintain a

 

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

 

identification card.


 

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

 

information manual to an applicant explaining how to obtain a

 

vehicle group designation or indorsement. The manual shall contain

 

the information required under 49 CFR part 383.

 

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

 

security number obtained under subsection (1) to another person

 

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

 

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

 

state law and rules related to this chapter.

 

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

 

out the purposes of section 466(a) of the social security act, 42

 

USC 666, in connection with matters relating to paternity, child

 

support, or overdue child support.

 

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

 

national driver register and the commercial driver license

 

information system when issuing a license under this act.

 

     (d) As otherwise required by law.

 

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

 

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

 

license.

 

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

 

security number on an application does not apply to an applicant

 

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

 

social security number or to an applicant who for religious

 

convictions is exempt under law from disclosure of his or her

 

social security number under these circumstances. The secretary of

 

state shall inform the applicant of this possible exemption.


 

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

 

operator's license  shall expire  expires on the birthday of the

 

person to whom the license is issued in the fourth year following

 

the date of the issuance of the license unless suspended or revoked

 

before that date.  A license shall not be issued for a period

 

longer than 4 years. A person holding a license at any time within

 

45 days before the expiration of his or her license may make

 

application for a new license as provided for in this chapter.

 

However, a knowledge test for an original group designation or

 

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

 

results shall be valid for 12 months. However, if the licensee will

 

be out of the state during the 45 days immediately preceding

 

expiration of the license or for other good cause shown cannot

 

apply for a license within the 45-day period, application for a new

 

license may be made not more than 6 months before expiration of the

 

license.  This  A new license, when granted,  shall expire  expires

 

as provided  for  in this chapter.

 

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

 

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

 

expires on the licensee's twenty-first birthday unless suspended or

 

revoked. Until July 1, 2003, the secretary of state shall code the

 

license in a manner  which  that clearly identifies the licensee as

 

being less than 21 years of age.

 

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

 

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

 

following the date of issuance unless the license is suspended or

 

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


 

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

 

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

 

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

 

shall code the license in a manner  which  that clearly identifies

 

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

 

chauffeur's license  shall expire  expires on the birthday of the

 

person to whom the license is issued in the fourth year following

 

the date of issuance of the license unless the license is suspended

 

or revoked before that date.

 

     (4) An operator's or chauffeur's license issued to a person

 

who is an alien expires on the date his or her presence in the

 

United States becomes unlawful.

 

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

 

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

 

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

 

may extend the license for  180 days beyond the expiration date or

 

within 2 weeks after the applicant returns to Michigan, whichever

 

occurs first. This subsection does not apply to a person described

 

in subsection (4).

 

     (6)  (5)  A person who will be out of state for more than 90

 

days beyond the expiration date of his or her operator's license

 

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

 

The applicant for this  renewal shall submit a statement evidencing

 

a vision examination in accordance with the rules promulgated by

 

the secretary of state under section 309. This subsection does not

 

apply to a person described in subsection (4).

 

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


 

driving record through the national driver register and the

 

commercial driver license information system before issuing a

 

renewal under this section.