September 21, 2004, Introduced by Senators BRATER, CHERRY, SCHAUER, SCOTT, THOMAS, JACOBS, PRUSI, BERNERO, SWITALSKI, CLARK-COLEMAN, CLARKE, OLSHOVE, BASHAM, LELAND, EMERSON and BARCIA and referred to the Committee on Government Operations.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 307 and 315 (MCL 257.307 and 257.315),
section 307 as amended by 2004 PA 52 and section 315 as amended
by 1999 PA 118.
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
8 address, height, sex, eye color, signature, other information
9 required or permitted on the license under this chapter, and, to
1 the extent required to comply with federal law, the applicant's
2 social security number. The applicant may provide a mailing
3 address if the applicant receives mail at an address different
4 from his or her residence address.
5 (b) The following
notice shall be included to inform the
6 applicant that under
sections 509o and 509r of the Michigan
7 election law, 1954 PA
116, MCL 168.509o and 168.509r, the
8 secretary of state is
required to use the residence address
9 provided on this
application as the applicant's residence address
10 on the qualified voter
file for voter registration and voting:
11 "NOTICE: Michigan
law requires that the same address be used
12 for voter
registration and driver license purposes. Therefore,
13 if the residence
address you provide in this application
14 differs from your
voter registration address as it appears on
15 the qualified voter
file, the secretary of state will
16 automatically change
your voter registration to match the
17 residence address on
this application, after which your voter
18 registration at your
former address will no longer be valid for
19 voting purposes. A
new voter registration card, containing the
20 information of your
polling place, will be provided to you by
21 the clerk of the
jurisdiction where your residence address is
22 located.".
23 (b) (c) For
an operator's or chauffeur's license with a
24 vehicle group designation or indorsement, the following
25 certifications by the applicant:
26 (i) The applicant meets the applicable federal driver
1 qualification requirements under 49 CFR part 391 if the applicant
2 operates or intends to operate in interstate commerce or meets
3 the applicable qualifications under the rules promulgated by the
4 department of state police under the motor carrier safety act of
5 1963, 1963 PA 181, MCL 480.11 to 480.22, if the applicant
6 operates or intends to operate in intrastate commerce.
7 (ii) The vehicle in which the applicant will take the driving
8 skills tests is representative of the type of vehicle the
9 applicant operates or intends to operate.
10 (iii) The applicant is not subject to disqualification,
11 suspension, revocation, or cancellation for conviction of an
12 offense described in section 312f or 319b.
13 (iv) The applicant does not have a driver's license from more
14 than 1 state.
15 (c) (d) An
applicant for an operator's or chauffeur's
16 license with a vehicle group designation and a hazardous material
17 indorsement (H vehicle indorsement) shall provide his or her
18 fingerprints that were taken by a law enforcement official or a
19 designated representative for investigation as required by the
20 uniting and strengthening America by providing appropriate tools
21 required to intercept and obstruct terrorism (USA PATRIOT ACT)
22 Act of 2001, Public Law 107-56.
23 (2) Except as provided in this subsection, an applicant for
24 an operator's or chauffeur's license may have his or her image
25 and signature captured or reproduced when the application for the
26 license is made. An applicant required under section 5a of the
27 sex offenders registration act, 1994 PA 295, MCL 28.725a, to
1 maintain a valid operator's or chauffeur's license or official
2 state personal identification card shall have his or her image
3 and signature captured or reproduced when the application for the
4 license is made. The secretary of state shall acquire by
5 purchase or lease the equipment for capturing the images and
6 signatures and may furnish the equipment to a local unit
7 authorized by the secretary of state to license drivers. The
8 secretary of state shall acquire equipment purchased or leased
9 pursuant to this section under standard purchasing procedures of
10 the department of management and budget based on standards and
11 specifications established by the secretary of state. The
12 secretary of state shall not purchase or lease equipment until an
13 appropriation for the equipment has been made by the
14 legislature. An image and signature captured pursuant to this
15 section shall appear on the applicant's operator's or chauffeur's
16 license. Except as provided in this subsection, the secretary of
17 state may retain and use a person's image and signature described
18 in this subsection only for programs administered by the
19 secretary of state. Except as provided in this subsection, the
20 secretary of state shall not use a person's image or signature,
21 or both, unless the person grants written permission for that
22 purpose to the secretary of state or specific enabling
23 legislation permitting the use is enacted into law. A law
24 enforcement agency of this state has access to information
25 retained by the secretary of state under this subsection. The
26 information may be utilized for any law enforcement purpose
27 unless otherwise prohibited by law. The department of state
1 police shall provide to the secretary of state updated lists of
2 persons required to be registered under the sex offenders
3 registration act, 1994 PA 295, MCL 28.721 to 28.732, and the
4 secretary of state shall make the images of those persons
5 available to the department of state police as provided in that
6 act.
7 (3) An application shall contain a signature or verification
8 and certification by the applicant, as determined by the
9 secretary of state, and shall be accompanied by the proper fee.
10 The secretary of state shall collect the application fee with the
11 application. The secretary of state shall refund the application
12 fee to the applicant if the license applied for is denied, but
13 shall not refund the fee to an applicant who fails to complete
14 the examination requirements of the secretary of state within 90
15 days after the date of application for a license.
16 (4) In conjunction with the issuance of an operator's or
17 chauffeur's license, the secretary of state shall do all of the
18 following:
19 (a) Provide the applicant with all of the following:
20 (i) Written information explaining the applicant's right to
21 make an anatomical gift in the event of death in accordance with
22 section 310.
23 (ii) Written information describing the organ donation
24 registry program maintained by Michigan's federally designated
25 organ procurement organization or its successor organization.
26 The written information required under this subparagraph shall
27 include, in a type size and format that is conspicuous in
1 relation to the surrounding material, the address and telephone
2 number of Michigan's federally designated organ procurement
3 organization or its successor organization, along with an
4 advisory to call Michigan's federally designated organ
5 procurement organization or its successor organization with
6 questions about the organ donor registry program.
7 (iii) Written information giving the applicant the
8 opportunity to be placed on the organ donation registry described
9 in subparagraph (ii).
10 (b) Provide the applicant with the opportunity to specify on
11 his or her operator's or chauffeur's license that he or she is
12 willing to make an anatomical gift in the event of death in
13 accordance with section 310.
14 (c) Inform the applicant in writing that, if he or she
15 indicates to the secretary of state under this section a
16 willingness to have his or her name placed on the organ donor
17 registry described in subdivision (a)(ii), the secretary of state
18 will forward the applicant's name and address to the organ
19 donation registry maintained by Michigan's federally designated
20 organ procurement organization or its successor organization, as
21 required by subsection (6).
22 (5) The secretary of state may fulfill the requirements of
23 subsection (4) by 1 or more of the following methods:
24 (a) Providing printed material enclosed with a mailed notice
25 for an operator's or chauffeur's license renewal or the issuance
26 of an operator's or chauffeur's license.
27 (b) Providing printed material to an applicant who personally
1 appears at a secretary of state branch office.
2 (c) Through electronic information transmittals for
3 operator's and chauffeur's licenses processed by electronic
4 means.
5 (6) If an applicant indicates a willingness under this
6 section to have his or her name placed on the organ donor
7 registry described in subsection (4)(a)(ii), the secretary of
8 state shall within 10 days forward the applicant's name and
9 address to the organ donor registry maintained by Michigan's
10 federally designated organ procurement organization or its
11 successor organization. The secretary of state may forward
12 information under this subsection by mail or by electronic
13 means. The secretary of state shall not maintain a record of the
14 name or address of an individual who indicates a willingness to
15 have his or her name placed on the organ donor registry after
16 forwarding that information to the organ donor registry under
17 this subsection. Information about an applicant's indication of
18 a willingness to have his or her name placed on the organ donor
19 registry that is obtained by the secretary of state under
20 subsection (4) and forwarded under this subsection is exempt from
21 disclosure under the freedom of information act, 1976 PA 442,
22 MCL 15.231 to 15.246, pursuant to section 13(1)(d) of the freedom
23 of information act, 1976 PA 442, MCL 15.243.
24 (7) If an application is received from a person previously
25 licensed in another jurisdiction, the secretary of state shall
26 request a copy of the applicant's driving record and other
27 available information from the national driver register. When
1 received, the driving record and other available information
2 become a part of the driver's record in this state. If the
3 application is for an original, renewal, or upgrade of a vehicle
4 group designation or indorsement, the secretary of state shall
5 check the applicant's driving record with the national driver
6 register and the federal commercial driver license information
7 system before issuing that group designation or indorsement.
8 (8) Except for a vehicle group designation or indorsement or
9 as provided in this subsection, the secretary of state may issue
10 a renewal operator's or chauffeur's license for 1 additional
11 4-year period by mail or by other methods prescribed by the
12 secretary of state. The secretary of state shall issue a renewal
13 license only in person if the person is a person required under
14 section 5a of the sex offenders registration act, 1994 PA 295,
15 MCL 28.725a, to maintain a valid operator's or chauffeur's
16 license or official state personal identification card. If a
17 license is renewed by mail or by other method, the secretary of
18 state shall issue evidence of renewal to indicate the date the
19 license expires in the future. The department of state police
20 shall provide to the secretary of state updated lists of persons
21 required under section 5a of the sex offenders registration act,
22 1994 PA 295, MCL 28.725a, to maintain a valid operator's or
23 chauffeur's license or official state personal identification
24 card.
25 (9) Upon request, the secretary of state shall provide an
26 information manual to an applicant explaining how to obtain a
27 vehicle group designation or indorsement. The manual shall
1 contain the information required under 49 CFR part 383.
2 (10) The secretary of state shall not disclose a social
3 security number obtained under subsection (1) to another person
4 except for use for 1 or more of the following purposes:
5 (a) Compliance with 49 USC 31301 to 31317 and regulations and
6 state law and rules related to this chapter.
7 (b) Through the law enforcement information network, to carry
8 out the purposes of section 466(a) of the social security act, 42
9 USC 666, in connection with matters relating to paternity, child
10 support, or overdue child support.
11 (c) As otherwise required by law.
12 (11) The secretary of state shall not display a person's
13 social security number on the person's operator's or chauffeur's
14 license.
15 (12) A requirement under this section to include a social
16 security number on an application does not apply to an applicant
17 who demonstrates he or she is exempt under law from obtaining a
18 social security number or to an applicant who for religious
19 convictions is exempt under law from disclosure of his or her
20 social security number under these circumstances. The secretary
21 of state shall inform the applicant of this possible exemption.
22 Sec. 315. (1) An operator or chauffeur who changes his or
23 her residence before the expiration of a license granted under
24 this chapter shall immediately notify the secretary of state of
25 his or her new residence address. A change of address
26 notification shall be in a manner prescribed by the secretary of
27 state and may include notification by personally appearing at a
1 branch office of the secretary of state or other location
2 designated by the secretary of state, or a notification by mail,
3 telephone, electronically, by submitting a voter registration
4 application unless the person registers to vote in a city,
5 village, or township that prohibits the operation of motor
6 vehicles by law or ordinance, or by any other means prescribed by
7 the secretary of state. The
secretary of state shall provide
8 the person changing
his or her residence address the notice
9 required by section
307(1)(b) that, under sections 509o and 509r
10 of the Michigan
election law, 1954 PA 116, MCL 168.509o and
11 168.509r, the
secretary of state is required to use the residence
12 address provided on
this change of address application as the
13 person's residence
address on the qualified voter file for voter
14 registration and
voting. However, a A person
may submit to the
15 secretary of state a mailing address that is different than his
16 or her residence address.
17 (2) Upon receiving a change of address notification, the
18 secretary of state shall change the person's driver license
19 record to indicate the new residence address. The secretary of
20 state shall provide the person with a new license or a label or
21 some other mechanism containing the new residence address. Upon
22 receipt of the label or other mechanism, the person shall affix
23 the label or mechanism to his or her operator's or chauffeur's
24 license as prescribed by the secretary of state. If the
25 secretary of state furnished the person with a new license, the
26 person shall destroy his or her old license and replace it with
27 the new license.
1 (3) If a person fails to report a change of his or her
2 residence address as required under this section and subsequently
3 there is no response to a notice mailed to the residence address
4 shown by the record of the secretary of state or if the person
5 has provided the secretary of state a mailing address different
6 from his or her residence address and there is no response to a
7 notice mailed to that mailing address, the secretary of state may
8 immediately suspend or revoke his or her license. A person who
9 fails to report a change of his or her residence address is
10 responsible for a civil infraction.
11 (4) A person shall not knowingly report a change of address
12 to the secretary of state for himself or herself that is not his
13 or her residence address. A person shall not knowingly report a
14 change of address to the secretary of state for another person
15 without the consent of the other person. A person who is
16 convicted of a violation of this subsection is guilty of a
17 misdemeanor punishable by imprisonment for not more than 93 days
18 or a fine of $1,000.00, or both. Upon receiving the abstract of
19 a conviction under this subsection, the secretary of state may
20 suspend the person's operator's or chauffeur's license for 6
21 months. The secretary of state shall not issue a restricted
22 license to the person during the suspension.
23 (5) Upon a second or subsequent conviction under subsection
24 (4), a person is guilty of a misdemeanor punishable by
25 imprisonment for not more than 93 days or a fine of $5,000.00, or
26 both. Upon receiving the abstract of a second or subsequent
27 conviction under subsection (4), the secretary of state shall
1 revoke the person's operator's or chauffeur's license.
2 (6) The suspension or revocation of an operator's or
3 chauffeur's license under subsection (4) or (5) is not appealable
4 under section 323.