SENATE BILL No. 1338

 

 

June 28, 2006, Introduced by Senators SWITALSKI and SCOTT and referred to the Committee on Judiciary.

 

 

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 307 (MCL 257.307), as amended by 2005 PA 142.

 

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. The secretary of state shall

 

 5  accept as 1 of the required identification documents an

 

 6  identification card issued by the department of corrections to

 

 7  prisoners who are placed on parole or released from a

 


 1  correctional facility, containing the prisoner's name,

 

 2  photograph, and other information identifying the prisoner as

 

 3  provided in section 37(4) of the corrections code of 1953, 1953

 

 4  PA 232, MCL 791.237. An application for an operator's or

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

12  social security number. The applicant may provide a mailing

 

13  address if the applicant receives mail at an address different

 

14  from his or her residence address.

 

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

 

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

 

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

 

18  secretary of state is required to use the residence address

 

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

 

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

 

 

21            "NOTICE: Michigan law requires that the same address

22            be used for voter registration and driver license

23            purposes. Therefore, if the residence address

24            you provide in this application differs from your

25            voter registration address as it appears on the

26            qualified voter file, the secretary of state

27            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.".

 

 

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

 

 9  license with a vehicle group designation or indorsement, the

 

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

 

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

 

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

 

13  group designation or indorsement, the following certifications by

 

14  the applicant:

 

15        (i) The applicant meets the applicable federal driver

 

16  qualification requirements under 49 CFR part 391 if the applicant

 

17  operates or intends to operate in interstate commerce or meets

 

18  the applicable qualifications under the rules promulgated by the

 

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

 

20  1963, 1963 PA 181, MCL 480.11 to  480.22  480.25, if the

 

21  applicant operates or intends to operate in intrastate commerce.

 

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

 

23  skills tests is representative of the type of vehicle the

 

24  applicant operates or intends to operate.

 

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

 

26  United States secretary of transportation, or a suspension,

 

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

 


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

 

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

 

 3  than 1 state or jurisdiction.

 

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

 

 5  with a vehicle group designation and a hazardous material

 

 6  indorsement shall provide his or her fingerprints as prescribed

 

 7  by state and federal law.

 

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

 

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

 

10  and signature captured or reproduced when the application for the

 

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

 

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

 

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

 

14  state personal identification card shall have his or her image

 

15  and signature captured or reproduced when the application for the

 

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

 

17  or lease the equipment for capturing the images and signatures

 

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

 

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

 

20  shall acquire equipment purchased or leased pursuant to this

 

21  section under standard purchasing procedures of the department of

 

22  management and budget based on standards and specifications

 

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

 

24  shall not purchase or lease equipment until an appropriation for

 

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

 

26  signature captured pursuant to this section shall appear on the

 

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

 


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

 

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

 

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

 

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

 

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

 

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

 

 7  specific enabling legislation permitting the use is enacted into

 

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

 

 9  information retained by the secretary of state under this

 

10  subsection. The information may be utilized for any law

 

11  enforcement purpose unless otherwise prohibited by law. The

 

12  department of state police shall provide to the secretary of

 

13  state updated lists of persons required to be registered under

 

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

 

15  28.732  28.736, and the secretary of state shall make the images

 

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

 

17  provided in that act.

 

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

 

19  and certification by the applicant, as determined by the

 

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

 

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

 

22  application. The secretary of state shall refund the application

 

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

 

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

 

25  the examination requirements of the secretary of state within 90

 

26  days after the date of application for a license.

 

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

 


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

 

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

 

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

 

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

 

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

 

 6  310.

 

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

 

 8  registry program. The information required under this

 

 9  subparagraph includes the address and telephone number of

 

10  Michigan's federally designated organ procurement organization or

 

11  its successor organization.

 

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

 

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

 

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

 

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

 

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

 

17  accordance with section 310.

 

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

 

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

 

20  or her name placed on the registry described in subdivision

 

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

 

22  for the registry.

 

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

 

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

 

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

 

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

 

27  credit of the organ and tissue donation education fund.

 


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

 

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

 

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

 

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

 

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

 

 6        (b) Providing printed material to an applicant who

 

 7  personally appears at a secretary of state branch office.

 

 8        (c) Through electronic information transmittals for

 

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

 

10  means.

 

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

 

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

 

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

 

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

 

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

 

16  maintained by Michigan's federally designated organ procurement

 

17  organization or its successor organization. The secretary of

 

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

 

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

 

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

 

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

 

22  registry after forwarding that information to the organ donor

 

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

 

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

 

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

 

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

 

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

 


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

 

 2  2007, the secretary of state shall maintain a record of an

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

11  licensed in another jurisdiction, the secretary of state shall

 

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

 

13  available information from the national driver register. When

 

14  received, the driving record and other available information

 

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

 

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

 

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

 

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

 

19  record from all states where the applicant was previously

 

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

 

21  years before issuing a vehicle group designation or indorsement

 

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

 

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

 

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

 

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

 

26  secretary of state issues the applicant a vehicle group

 

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

 


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

 

 2  state issues the applicant a vehicle group designation or

 

 3  indorsement. The secretary of state shall also check the

 

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

 

 5  the federal commercial driver license information system before

 

 6  issuing that group designation or indorsement. If the application

 

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

 

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

 

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

 

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

 

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

 

12  record from other states only once under this section.

 

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

 

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

 

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

 

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

 

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

 

18  applicant's driving record through the national driver register

 

19  and the commercial driver license information system before

 

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

 

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

 

22  person required under section 5a of the sex offenders

 

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

 

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

 

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

 

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

 

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

 


 1  department of state police shall provide to the secretary of

 

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

 

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

 

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

 

 5  state personal identification card.

 

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

 

 7  information manual to an applicant explaining how to obtain a

 

 8  vehicle group designation or indorsement. The manual shall

 

 9  contain the information required under 49 CFR part 383.

 

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

 

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

 

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

 

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

 

14  and state law and rules related to this chapter.

 

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

 

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

 

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

 

18  paternity, child support, or overdue child support.

 

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

 

20  national driver register and the commercial driver license

 

21  information system when issuing a license under this act.

 

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

 

23  with vital records maintained by the department of community

 

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

 

25  333.2801 to 333.2899.

 

26        (e) As otherwise required by law.

 

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

 


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

 

 2  license.

 

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

 

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

 

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

 

 6  social security number or to an applicant who for religious

 

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

 

 8  social security number under these circumstances. The secretary

 

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

 

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

 

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

 

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

 

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

 

14  procurement organizations, their successor organizations, and

 

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

 

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

 

17        (15) The secretary of state shall have electronic access to

 

18  prisoner biography information maintained by the department of

 

19  corrections for the purpose of verifying the identity of a

 

20  prisoner who applies for an operator's or chauffeur's license

 

21  under subsection (1).

 

22        Enacting section 1. This amendatory act does not take effect

 

23  unless all of the following bills of the 93rd Legislature are

 

24  enacted into law:

 

25        (a) Senate Bill No. 1337.                                  

 

26            

 

27        (b) Senate Bill No. 1336.