HOUSE BILL No. 4030
January 8, 1997, Introduced by Reps. Brewer and Martinez and referred to the Committee on Transportation. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 307 and 310 (MCL 257.307 and 257.310), as amended by 1996 PA 205. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 307. (1) An application for an operator's or 2 chauffeur's license shall be made in a manner prescribed by the 3 secretary of state and shall contain all of the following: 4 (a) For an operator's or chauffeur's license, full name, 5 date of birth, address of residence, height, sex, eye color, and 6 signature of the applicant, and other information required or 7 permitted on the license pursuant to this chapter. 8 (b) For an operator's or chauffeur's license with a vehicle 9 group designation or indorsement, full name, social security 10 number, date of birth, address of residence, height, sex, and 00739'97 a CPD 2 1 signature of the applicant, and other information required or 2 permitted on the license pursuant to this chapter. 3 (c) For an operator's or chauffeur's license with a vehicle 4 group designation or indorsement, the following certifications 5 made by the applicant: 6 (i) That the applicant meets the applicable federal physical 7 driver qualification requirements pursuant to 49 C.F.R. part 391 8 if the applicant operates or intends to operate in interstate 9 commerce or meets the applicable physical qualifications pursuant 10 to the rules promulgated by the department of state police under 11 the motor carrier safety act of 1963, Act No. 181 of the Public 12 Acts of 1963, being sections 480.11 to 480.21 of the Michigan 13 Compiled Laws 1963 PA 181, MCL 480.11 TO 480.21, if the appli- 14 cant operates or intends to operate in intrastate commerce. 15 (ii) That the vehicle in which the applicant will take the 16 driving skills tests is representative of the type of vehicle the 17 applicant operates or intends to operate. 18 (iii) That the applicant has not been convicted of an 19 offense as described in section 312f or 319b. 20 (iv) That the applicant does not have a driver's license 21 from more than 1 state. 22 (d) For an operator's or chauffeur's license with a vehicle 23 group designation or indorsement and for which the applicant 24 claims a waiver of the driving test as provided in section 312f, 25 the following additional certifications made by the applicant 26 concerning the 2-year period immediately before application: 00739'97 a 3 1 (i) That the applicant has not had more than 1 license. 2 (ii) That the applicant has not had any license suspended, 3 revoked, or canceled. 4 (iii) That the applicant has not been convicted of any 5 offense described in section 319b while operating a motor 6 vehicle. 7 (iv) That the applicant has not been convicted of a moving 8 violation under state or local law relating to motor vehicle 9 traffic control arising in connection with a traffic accident. 10 (v) That the applicant is regularly employed in a job 11 requiring the operation of a commercial motor vehicle. 12 (vi) That the applicant qualifies under either of the 13 following: 14 (A) Has passed a behind-the-wheel driving test given by a 15 state with a commercial motor vehicle driver licensing and test- 16 ing system and taken in a representative vehicle for that 17 applicant's driver's license vehicle group designation. 18 (B) Has operated, for at least 2 years immediately preceding 19 application, a vehicle representative of the commercial motor 20 vehicle group or passenger vehicle for which he or she is 21 applying. Evidence shall be provided by the applicant's employer 22 or by the applicant if self-employed. 23 (2) An applicant for an operator's or chauffeur's license 24 may have his or her image captured or reproduced at the time the 25 application for the license is made. The secretary of state 26 shall acquire by purchase or lease the equipment for capturing 27 the images and may furnish the equipment to a local unit 00739'97 a 4 1 authorized by the secretary of state to license drivers. The 2 secretary of state shall acquire equipment purchased or leased 3 pursuant to this section under standard purchasing procedures of 4 the department of management and budget based on standards and 5 specifications established by the secretary of state. The secre- 6 tary of state shall not purchase or lease equipment until an 7 appropriation for the equipment has been made by the 8 legislature. An image captured pursuant to this section shall 9 appear on the applicant's operator's or chauffeur's license. The 10 secretary of state may retain and use a person's image described 11 in this subsection only for programs administered by the secre- 12 tary of state. Except as provided in this subsection, the secre- 13 tary of state shall not use a person's image unless written per- 14 mission for that purpose is granted by the person to the secre- 15 tary of state or specific enabling legislation permitting the use 16 is enacted into law. A law enforcement agency of this state 17 shall have access to any information retained by the secretary of 18 state under this subsection. The information may be utilized for 19 any law enforcement purpose unless otherwise prohibited by law. 20 (3) An application shall contain a signature and certifica- 21 tion by the applicant and shall be accompanied by the proper 22 fee. The examiner shall collect the application fee and shall 23 forward the fee to the secretary of state with the application. 24 The secretary of state shall refund the application fee to the 25 applicant if the license applied for is denied, but shall not 26 refund the fee to an applicant who fails to complete the 27 examination requirements of the secretary of state within 90 days 00739'97 a 5 1 after the date of application for a license. Until January 1, 2 2002, a service fee of $1.00 shall be added to each fee collected 3 for an original, renewal, duplicate, or corrected operator's or 4 chauffeur's license. The service fee received and collected 5 under this subsection shall be deposited in the state treasury to 6 the credit of the general fund. The service fee shall be used to 7 defray the expenses of the secretary of state. Appropriations 8 from the Michigan transportation fund shall not be used to com- 9 pensate the secretary of state for costs incurred and services 10 performed under this section. 11 (4) BEFORE OR AT THE TIME A PERSON APPLIES FOR AN OPERATOR'S 12 OR CHAUFFEUR'S LICENSE, THE SECRETARY OF STATE SHALL DO BOTH OF 13 THE FOLLOWING: 14 (A) PROVIDE THE APPLICANT WITH A WRITTEN EXPLANATION OF THE 15 APPLICANT'S RIGHT TO MAKE AN ANATOMICAL GIFT IN THE EVENT OF 16 DEATH IN ACCORDANCE WITH SECTION 310. 17 (B) EXCEPT FOR A LICENSE RENEWED BY MAIL, REQUIRE AN APPLI- 18 CANT 18 YEARS OF AGE OR OLDER TO SPECIFY ON HIS OR HER LICENSE 19 APPLICATION WHETHER HE OR SHE WISHES TO MAKE AN ANATOMICAL GIFT 20 IN THE EVENT OF DEATH IN ACCORDANCE WITH SECTION 310. 21 (5) (4) If an application is received from a person previ- 22 ously licensed in another jurisdiction, the secretary of state 23 shall request a copy of the applicant's driving record and other 24 available information from the other jurisdiction. When 25 received, the driving record and other available information from 26 the other jurisdiction becomes a part of the driver's record in 27 this state with the same force and effect as if it had been 00739'97 a 6 1 entered on the driver's record in this state in the original 2 instance. If the application is for an original, renewal, or 3 change of a vehicle group designation or indorsement, the secre- 4 tary of state shall also check the applicant's driving record 5 with the national drivers register and the United States depart- 6 ment of transportation before issuance of that group designation 7 or indorsement. 8 (6) (5) Except for a vehicle group designation or indorse- 9 ment, the secretary of state may issue a renewal operator's or 10 chauffeur's license for 1 additional 4-year period by mail or by 11 other methods prescribed by the secretary of state. The secre- 12 tary of state shall issue a renewal license only in person when 13 the licensee has a driving record with a conviction or civil 14 infraction determination obtained in the 48 months preceding 15 renewal. However, the secretary of state shall not refuse to 16 issue a renewal license by mail or by other method because of a 17 conviction or civil infraction determination for which fines and 18 costs were waived pursuant to section 901a or section 907. If a 19 license is renewed by mail or by other method, the secretary of 20 state shall issue evidence of renewal to indicate the date the 21 license expires in the future. 22 (7) (6) Upon request, the secretary of state shall provide 23 an information manual to an applicant explaining how to obtain a 24 vehicle group designation or indorsement. The manual shall con- 25 tain the information required pursuant to 49 C.F.R. part 383. 26 Sec. 310. (1) The secretary of state shall issue AN 27 OPERATOR'S LICENSE to each person licensed as an operator , an 00739'97 a 7 1 operator's license, and A CHAUFFEUR'S LICENSE to each person 2 licensed as a chauffeur. , a chauffeur's license. An applicant 3 for a motorcycle indorsement under section 312a or a vehicle 4 group designation or indorsement shall first qualify for an 5 operator's or chauffeur's license before the indorsement or vehi- 6 cle group designation application is accepted and processed. 7 (2) The license ISSUED UNDER SUBSECTION (1) shall contain 8 ALL OF the following information: 9 (a) The distinguishing number permanently assigned to the 10 licensee. 11 (b) The full name, date of birth, address of residence, 12 height, eye color, sex, an image, and the signature of the 13 licensee. 14 (c) An indication that the license contains 1 or more of the 15 following: 16 (i) The blood type of the licensee. 17 (ii) Immunization data of the licensee. 18 (iii) Medication data of the licensee. 19 (iv) A statement that the licensee is deaf. 20 (v) A statement that the licensee has made an anatomical 21 gift. 22 (v) (vi) Emergency contact information of the licensee. 23 (D) IF THE LICENSEE HAS EXPRESSED ON HIS OR HER LICENSE 24 APPLICATION AN INTENT TO DONATE ORGANS AND TISSUE IN THE EVENT OF 25 DEATH, AN INDICATION ON THE FACE OF THE LICENSE THAT THE LICENSEE 26 IS AN ORGAN AND TISSUE DONOR. 00739'97 a 8 1 (E) THE SIGNATURE OF THE LICENSEE FOLLOWING THE INDICATION 2 OF HIS OR HER ORGAN AND TISSUE DONOR STATUS IDENTIFIED IN 3 SUBDIVISION (D). 4 (3) AT THE TIME A LICENSE IS ISSUED UNDER THIS ACT, THE SEC- 5 RETARY OF STATE SHALL PROVIDE THE LICENSEE WITH A STICKER THAT 6 THE LICENSEE MAY ATTACH TO THE REVERSE SIDE OF THE ISSUED 7 LICENSE, AND UPON WHICH THE LICENSEE MAY DESIGNATE A DONATION OR 8 GIFT OF SPECIFIC ORGANS AND TISSUE, OR THE DONATION OF HIS OR HER 9 ENTIRE BODY, PURSUANT TO PART 101 OF THE PUBLIC HEALTH CODE, 1978 10 PA 368, MCL 333.10101 TO 333.10109. 11 (4) A TERM ON A STICKER DESCRIBED IN SUBSECTION (3) THAT IS 12 INCONSISTENT WITH A TERM ON THE FACE OF A LICENSE ISSUED TO A 13 PERSON UNDER THIS ACT SUPERSEDES THE INCONSISTENT TERM APPEARING 14 ON THE FACE OF THE LICENSE. 15 (5) (3) Except as otherwise required in this chapter, 16 other information required on the license pursuant to this chap- 17 ter may appear on the license in a form prescribed by the secre- 18 tary of state. 19 (6) (4) The license shall not contain a fingerprint or 20 finger image of the licensee. 21 (7) (5) A digitized license may contain an identifier for 22 voter registration purposes. The digitized license may contain 23 information appearing in electronic or machine readable codes 24 needed to conduct a transaction with the secretary of state. The 25 information shall be limited to the person's driver license 26 number, birth date, license expiration date, and other 27 information necessary for use with electronic devices, machine 00739'97 a 9 1 readers, or automatic teller machines and shall not contain the 2 person's name, address, driving record, or other personal 3 identifier. The license shall identify the encoded information. 4 (8) (6) The license shall be manufactured in a manner to 5 prohibit as nearly as possible the ability to reproduce, alter, 6 counterfeit, forge, or duplicate the license without ready 7 detection. In addition, a license with a vehicle group designa- 8 tion shall contain the information required pursuant to 9 49 C.F.R. part 383. 10 (9) (7) A person who intentionally reproduces, alters, 11 counterfeits, forges, or duplicates a license photograph, the 12 negative of the photograph, an image, a license, the electronic 13 data contained on a license or a part of a license, or who uses a 14 license, an image, or photograph that has been reproduced, 15 altered, counterfeited, forged, or duplicated is subject to 1 of 16 the following: 17 (a) If the intent of the reproduction, alteration, counter- 18 feiting, forging, duplication, or use was to commit or aid in the 19 commission of an offense punishable by imprisonment for 1 or more 20 years, the person committing the reproduction, alteration, coun- 21 terfeiting, forging, duplication, or use is guilty of a misde- 22 meanor, punishable by imprisonment for a period equal to the 23 imprisonment that could be imposed for the commission of the 24 offense the person had the intent to aid or commit. The court 25 may also assess a fine of not more than $10,000.00 against the 26 person. 00739'97 a 10 1 (b) If the intent of the reproduction, alteration, 2 counterfeiting, forging, duplication, or use was to commit or aid 3 in the commission of an offense punishable by imprisonment for 4 not more than 1 year, the person committing the reproduction, 5 alteration, counterfeiting, forging, duplication, or use is 6 guilty of a misdemeanor, punishable by imprisonment for not more 7 than 1 year, or a fine of not more than $1,000.00, or both. 8 (10) (8) The secretary of state, upon determining after an 9 examination that an applicant is mentally and physically quali- 10 fied to receive a license, may issue to that person a temporary 11 driver's permit entitling the person while having the permit in 12 his or her immediate possession to drive a motor vehicle upon the 13 highway for a period not exceeding 60 days before issuance to the 14 person of an operator's or chauffeur's license by the secretary 15 of state. 16 (11) (9) An operator or chauffeur may indicate on the 17 license in a place designated by the secretary of state his or 18 her blood type, emergency contact information, immunization data, 19 medication data, OR a statement that the licensee is deaf. , or 20 a statement that the licensee has made an anatomical gift pursu- 21 ant to part 101 of the public health code, Act No. 368 of the 22 Public Acts of 1978, being sections 333.10101 to 333.10109 of the 23 Michigan Compiled Laws. 24 (12) (10) If the applicant provides proof to the secretary 25 of state that he or she is a minor who has been emancipated pur- 26 suant to Act No. 293 of the Public Acts of 1968, being sections 27 722.1 to 722.6 of the Michigan Compiled Laws 1968 PA 293, MCL 00739'97 a 11 1 722.1 TO 722.6, the license shall bear the designation of the 2 individual's emancipated status in a manner prescribed by the 3 secretary of state. 4 Enacting section 1. This amendatory act does not take 5 effect unless all of the following bills of the 89th Legislature 6 are enacted into law: 7 (a) Senate Bill No. _____ or House Bill No. _____ (request 8 no. 00739'97). 9 (b) Senate Bill No. _____ or House Bill No. _____ (request 10 no. 00739'97 b). 00739'97 a Final page. CPD