SENATE BILL No. 960

December 13, 2001, Introduced by Senator SANBORN and referred to the Committee on Transportation and Tourism.

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 51a, 209, 303, and 314 (MCL 257.51a,

257.209, 257.303, and 257.314), section 303 as amended by 2001

PA 159 and section 314 as amended by 2000 PA 173.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 51a. "Resident" means every A person who resides in

2 a settled or permanent home or domicile with the intention of

3 remaining in this state. A person who obtains employment in this

4 state is presumed to have the intention of remaining in this

5 state. A UNITED STATES CITIZEN OR AN ALIEN LAWFULLY IN THE

6 UNITED STATES IS PRESUMED TO BE A RESIDENT OF THIS STATE IF HE OR

7 SHE HAS RESIDED IN THIS STATE FOR AT LEAST 30 DAYS. This

8 definition shall apply ONLY APPLIES to the provisions of this

9 act. only.

05791'01 ** JJG

2

1 Sec. 209. (1) The department shall examine and determine

2 the genuineness, regularity, and legality of every EACH applica-

3 tion for A VEHICLE registration, of a vehicle, for a certifi-

4 cate of title, therefor, and for OR an operator's or

5 chauffeur's license and of any other application lawfully

6 made to the department, and may in all cases make investigation

7 as may be deemed necessary INVESTIGATE or require additional

8 information , and FROM AN APPLICANT. THE DEPARTMENT shall

9 reject any such AN application if not satisfied of the genuine-

10 ness, regularity, or legality, thereof or the truth of any

11 statement contained therein IN AN APPLICATION, or for any other

12 reason , when authorized by law.

13 (2) IF THE DEPARTMENT HAS REASONABLE CAUSE TO BELIEVE THAT

14 AN APPLICATION EXAMINED UNDER SUBSECTION (1) CONTAINS INFORMATION

15 THAT THE APPLICANT IS AN ILLEGAL ALIEN, THE DEPARTMENT MAY REPORT

16 THAT INFORMATION TO AN APPROPRIATE UNITED STATES GOVERNMENT

17 AGENCY.

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

19 license under this act to any of the following:

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

21 age, except as otherwise provided in this act.

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

23 age, except as otherwise provided in this act.

24 (c) A person whose license has been suspended during the

25 period for which the license was suspended.

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

27 afflicted with or suffering from a physical or mental disability

05791'01 **

3

1 or disease preventing that person from exercising reasonable and

2 ordinary control over a motor vehicle while operating the motor

3 vehicle upon the highways.

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

5 direction signs in the English language.

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

7 ability test administered by the secretary of state in connection

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

9 license, original motorcycle indorsement, or an original or

10 renewal of a vehicle group designation or vehicle indorsement.

11 (g) A person who has been convicted of, has received a juve-

12 nile disposition for, or has been determined responsible for 2 or

13 more moving violations under a law of this state, a local ordi-

14 nance substantially corresponding to a law of this state, or a

15 law of another state substantially corresponding to a law of this

16 state within the preceding 3 years, if the violations occurred

17 before issuance of an original license to the person in this or

18 another state.

19 (h) A nonresident including a foreign exchange student.

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

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

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

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

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

25 or notice to appear in court or for any matter pending or com-

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

05791'01 **

4

1 limited to, paying all fines, costs, fees, and assessments, as

2 provided under section 321a.

3 (j) A person not licensed under this act who has been con-

4 victed of, has received a juvenile disposition for, or has been

5 determined responsible for a crime or civil infraction described

6 in section 319, 324, or 904. A person shall be denied a license

7 under this subdivision for the length of time corresponding to

8 the period of the licensing sanction that would have been imposed

9 under section 319, 324, or 904 if the person had been licensed at

10 the time of the violation.

11 (k) A person not licensed under this act who has been con-

12 victed of or received a juvenile disposition for committing a

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

14 license under this subdivision for the length of time that corre-

15 sponds to the period of the licensing sanction that would have

16 been imposed under section 319e if the person had been licensed

17 at the time of the violation.

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

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

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

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

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

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

24 sanction that would have been imposed under those sections had

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

26 (M) A PERSON WHO IS IN THE UNITED STATES UNLAWFULLY.

05791'01 **

5

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

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

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

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

5 whether under a law of this state, a local ordinance substan-

6 tially corresponding to a law of this state, or a law of another

7 state substantially corresponding to a law of this state:

8 (a) Any combination of 2 convictions within 7 years for

9 reckless driving in violation of section 626.

10 (b) Any combination of 2 or more convictions within 7 years

11 for any of the following:

12 (i) A felony in which a motor vehicle was used.

13 (ii) A violation or attempted violation of section 601b(2)

14 or (3), section 601c(1) or (2), section 602a(4) or (5), section

15 653a(3) or (4), or section 904(4) or (5).

16 (iii) Negligent homicide, manslaughter, or murder resulting

17 from the operation of a vehicle or an attempt to commit any of

18 those crimes.

19 (iv) A violation or attempted violation of section 479a(4)

20 or (5) of the Michigan penal code, 1931 PA 328, MCL 750.479a.

21 (c) Any combination of 2 convictions within 7 years for any

22 of the following or a combination of 1 conviction for a violation

23 or attempted violation of section 625(6) and 1 conviction for any

24 of the following within 7 years:

25 (i) A violation or attempted violation of section 625(1),

26 (3), (4), (5), or (7).

05791'01 **

6

1 (ii) A violation of former section 625(1) or (2) or former

2 section 625b.

3 (iii) A violation or attempted violation of section 625m.

4 (d) One conviction for a violation or attempted violation of

5 section 601b(3), section 601c(2), section 602a(4) or (5),

6 section 625(4) or (5), section 653a(4), or section 904(4) or

7 (5).

8 (e) One conviction of negligent homicide, manslaughter, or

9 murder resulting from the operation of a vehicle or an attempt to

10 commit any of those crimes.

11 (f) One conviction for a violation or attempted violation of

12 section 479a(4) or (5) of the Michigan penal code, 1931 PA 328,

13 MCL 750.479a.

14 (g) Any combination of 3 convictions within 10 years for any

15 of the following or 1 conviction for a violation or attempted

16 violation of section 625(6) and any combination of 2 convictions

17 for any of the following within 10 years, if any of the convic-

18 tions resulted from an arrest on or after January 1, 1992:

19 (i) A violation or attempted violation of section 625(1),

20 (3), (4), (5), or (7).

21 (ii) A violation of former section 625(1) or (2) or former

22 section 625b.

23 (iii) A violation or attempted violation of section 625m.

24 (3) The secretary of state shall revoke a license under sub-

25 section (2) notwithstanding a court order.

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

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

05791'01 **

7

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

2 following occur, as applicable:

3 (a) The later of the following:

4 (i) The expiration of not less than 1 year after the license

5 was revoked or denied.

6 (ii) The expiration of not less than 5 years after the date

7 of a subsequent revocation or denial occurring within 7 years

8 after the date of any prior revocation or denial.

9 (b) For a denial under subsection (2)(a), (b), (c), and (g),

10 the person rebuts by clear and convincing evidence the presump-

11 tion resulting from the prima facie evidence that he or she is a

12 habitual offender. The convictions that resulted in the revoca-

13 tion and denial constitute prima facie evidence that he or she is

14 a habitual offender.

15 (c) The person meets the requirements of the department.

16 (5) Multiple convictions or civil infraction determinations

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

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

19 this section.

20 (6) As used in this section, "felony in which a motor vehi-

21 cle was used" means a felony during the commission of which the

22 person operated a motor vehicle and while operating the vehicle

23 presented real or potential harm to persons or property and 1 or

24 more of the following circumstances existed:

25 (a) The vehicle was used as an instrument of the felony.

26 (b) The vehicle was used to transport a victim of the

27 felony.

05791'01 **

8

1 (c) The vehicle was used to flee the scene of the felony.

2 (d) The vehicle was necessary for the commission of the

3 felony.

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

5 an operator's license shall expire on the birthday of the person

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

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

8 before that date or issued pursuant to section 314b. A license

9 shall not be issued for a period longer than 4 years. A person

10 holding a license at any time within 45 days before the expira-

11 tion of his or her license may make application for a new license

12 as provided for in this chapter. However, a knowledge test for

13 an original group designation or indorsement may be taken at any

14 time during this period and the results shall be valid for

15 12 months. However, if the licensee will be out of the state

16 during the 45 days immediately preceding expiration of the

17 license or for other good cause shown cannot apply for a license

18 within the 45-day period, application for a new license may be

19 made not more than 6 months before expiration of the license.

20 This new license when granted shall expire as provided for in

21 this chapter.

22 (2) Effective October 1, 1985, the THE first operator's

23 license issued to a person who at the time of application is less

24 than 20-1/2 years of age shall expire on the licensee's

25 twenty-first birthday unless suspended or revoked. The secretary

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

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

05791'01 **

9

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

2 expire on the licensee's birthday in the fourth year following

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

4 before that date or is issued pursuant to section 314b.

5 Effective October 1, 1985, the THE chauffeur's license of a

6 person who at the time of application is less than 20-1/2 years

7 of age shall expire on the licensee's twenty-first birthday.

8 unless suspended or revoked. The secretary of state shall code

9 the license in a manner which clearly identifies the licensee as

10 being less than 21 years of age. A subsequent chauffeur's

11 license shall expire on the birthday of the person to whom the

12 license is issued in the fourth year following the date of issu-

13 ance of the license unless the license is suspended or revoked

14 before that date or is issued pursuant to section 314b.

15 (4) THE EXPIRATION OF A LEGAL ALIEN'S LICENSE SHALL BE THE

16 EXPIRATION DATE AS PRESCRIBED UNDER SUBSECTION (1) OR THE DATE ON

17 WHICH THAT PERSON'S PRESENCE IN THE UNITED STATES BECOMES UNLAW-

18 FUL, WHICHEVER OCCURS FIRST.

19 (5) (4) A person may apply for an extension of his or her

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

21 his or her operator's or chauffeur's license expires. The exten-

22 sion may extend the license for 90 days beyond the expiration

23 date or within 2 weeks after the applicant returns to Michigan,

24 whichever occurs first.

25 (6) (5) A person who will be out of state for more than 90

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

27 may apply for a 2-year extension of his or her driving

05791'01 **

10

1 privileges. The applicant for this extension shall submit a

2 statement evidencing a vision examination in accordance with the

3 rules promulgated by the secretary of state under section 309.

4 The fee for a 2-year extension shall be the same as provided in

5 section 314b(2).

6 (7) (6) A person whose operator's or chauffeur's license

7 is unexpired but whose class 1, class 2, or class 3 indorsement

8 has expired pursuant to section 312e(10) may apply for a vehicle

9 group designation or indorsement. Upon proper application and

10 payment of the fees prescribed in section 314b and section 811,

11 the expiration of the person's operator's or chauffeur's license

12 shall be extended for 4 years beyond the expiration which would

13 have applied except for the operation of section 312e(10).

05791'01 ** Final page. JJG