March 1, 2005, Introduced by Reps. Stahl, Hoogendyk, Nofs, Hummel, Shaffer, Gosselin, Stakoe, Accavitti, Taub, Elsenheimer, Van Regenmorter, Spade, Sheen, Lipsey, Robertson, Schuitmaker, Casperson, Moolenaar, Walker, Pearce and Lemmons, III and referred to the Committee on Regulatory Reform.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 310 (MCL 257.310), as amended by 2004 PA 495.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 310. (1) The secretary of state shall issue an operator's
license to each person licensed as an operator and a chauffeur's
license to each person licensed as a chauffeur. An applicant for a
motorcycle indorsement under section 312a or a vehicle group
designation or indorsement shall first qualify for an operator's or
chauffeur's license before the indorsement or vehicle group
designation application is accepted and processed. On and after
July 1, 2003, an original license or the first renewal of an
existing license issued to a person less than 21 years of age shall
be portrait or vertical in form and a license issued to a person 21
years of age or over shall be landscape or horizontal in form.
(2) The license issued under subsection (1) shall contain all
of the following information:
(a) The distinguishing number permanently assigned to the
licensee.
(b) The full name, date of birth, address of residence,
height, eye color, sex, image, and signature of the licensee.
(c) A place for the licensee to indicate 1 or more of the
following:
(i) The blood type of the licensee.
(ii) Immunization data of the licensee.
(iii) Medication data of the licensee.
(iv) A statement that the licensee is deaf.
(v) A statement that the licensee is an organ and tissue donor
under part 101 of the public health code, 1978 PA 368, MCL
333.10101 to 333.10109.
(vi) Emergency contact information of the licensee.
(vii) A sticker or decal as specified by the secretary of state
to indicate that the licensee has designated 1 or more patient
advocates in accordance with section 5506 of the estates and
protected individuals code, 1998 PA 386, MCL 700.5506, or a
statement that the licensee carries an emergency medical
information card.
(d) If the licensee has made a statement described in
subdivision (c)(v), the signature of the licensee following the
indication of his or her organ and tissue donor intent identified
in subdivision (c)(v), along with the signature of at least 1
witness.
(e) The sticker or decal described in subdivision (c)(vii) may
be provided by any person, hospital, school, medical group, or
association interested in assisting in implementing the emergency
medical information card, but shall meet the specifications of the
secretary of state. The emergency medical information card may
contain the information described in subdivision (c)(vi),
information concerning the licensee's patient advocate designation,
other emergency medical information, or an indication as to where
the licensee has stored or registered emergency medical
information.
(f) Beginning July 1, 2003, in the case of a licensee who is
less than 18 years of age at the time of issuance of the license,
the date on which the licensee will become 18 years of age and 21
years of age.
(g) Beginning July 1, 2003, in the case of a licensee who is
at least 18 years of age but less than 21 years of age at the time
of issuance of the license, the date on which the licensee will
become 21 years of age.
(3) Except as otherwise required in this chapter, other
information required on the license pursuant to this chapter may
appear on the license in a form prescribed by the secretary of
state.
(4) The license shall not contain a fingerprint or finger
image of the licensee.
(5) A digitized license may contain an identifier for voter
registration purposes. The digitized license may contain
information appearing in electronic or machine readable codes
needed to conduct a transaction with the secretary of state. The
information shall be limited to the person's driver license number,
birth date, license expiration date, and other information
necessary for use with electronic devices, machine readers, or
automatic teller machines and shall not contain the person's name,
address, driving record, or other personal identifier. The license
shall identify the encoded information.
(6) The license shall be manufactured in a manner to prohibit
as nearly as possible the ability to reproduce, alter, counterfeit,
forge, or duplicate the license without ready detection. In
addition, a license with a vehicle group designation shall contain
the information required under 49 CFR part 383.
(7) A person who intentionally reproduces, alters,
counterfeits, forges, or duplicates a license photograph, the
negative of the photograph, image, license, or electronic data
contained on a license or a part of a license or who uses a
license, image, or photograph that has been reproduced, altered,
counterfeited, forged, or duplicated is subject to 1 of the
following:
(a) If the intent of the reproduction, alteration,
counterfeiting, forging, duplication, or use is to commit or aid in
the commission of an offense that is a felony punishable by
imprisonment for 10 or more years, the person committing the
reproduction, alteration, counterfeiting, forging, duplication, or
use is guilty of a felony, punishable by imprisonment for not more
than 10 years or a fine of not more than $20,000.00, or both.
(b) If the intent of the reproduction, alteration,
counterfeiting, forging, duplication, or use is to commit or aid in
the commission of an offense that is a felony punishable by
imprisonment for less than 10 years or a misdemeanor punishable by
imprisonment for 6 months or more, the person committing the
reproduction, alteration, counterfeiting, forging, duplication, or
use is guilty of a felony, punishable by imprisonment for not more
than 5 years, or a fine of not more than $10,000.00, or both.
(c) If the intent of the reproduction, alteration,
counterfeiting, forging, duplication, or use is to commit or aid in
the commission of an offense that is a misdemeanor punishable by
imprisonment for less than 6 months, the person committing the
reproduction, alteration, counterfeiting, forging, duplication, or
use is guilty of a misdemeanor punishable by imprisonment for not
more than 1 year or a fine of not more than $2,000.00, or both.
(8) Except as provided in subsection (16), a person who sells,
or who possesses with the intent to deliver to another, a
reproduced, altered, counterfeited, forged, or duplicated license
photograph, negative of the photograph, image, license, or
electronic data contained on a license or part of a license is
guilty of a felony punishable by imprisonment for not more than 5
years or a fine of not more than $10,000.00, or both.
(9) Except as provided in subsection (16), a person who is in
possession of 2 or more reproduced, altered, counterfeited, forged,
or duplicated license photographs, negatives of the photograph,
images, licenses, or electronic data contained on a license or part
of a license is guilty of a felony punishable by imprisonment for
not more than 5 years or a fine of not more than $10,000.00, or
both.
(10) Except as provided in subsection (16), a person who is in
possession of a reproduced, altered, counterfeited, forged, or
duplicated license photograph, negative of the photograph, image,
license, or electronic data contained on a license or part of a
license is guilty of a misdemeanor punishable by imprisonment for
not more than 1 year or a fine of not more than $2,000.00, or both.
(11) Subsections (7)(a) and (b), (8), and (9) do not apply to
a minor whose intent is to violate section 703 of the Michigan
liquor control code of 1998, 1998 PA 58, MCL 436.1703.
(12) The secretary of state, upon determining after an
examination that an applicant is mentally and physically qualified
to receive a license, may issue the applicant a temporary driver's
permit. The temporary driver's permit entitles the applicant, while
having the permit in his or her immediate possession, to drive a
motor vehicle upon the highway for a period not exceeding 60 days
before the secretary of state has issued the applicant an
operator's or chauffeur's license. The secretary of state may
establish a longer duration for the validity of a temporary
driver's permit if necessary to accommodate the process of
obtaining a background check that is required for an applicant by
federal law.
(13) An operator or chauffeur may indicate on the license in a
place designated by the secretary of state his or her blood type,
emergency contact information, immunization data, medication data,
or a statement that the licensee is deaf, or a statement that the
licensee is an organ and tissue donor and has made an anatomical
gift
pursuant to under part 101 of the public health code, 1978 PA
368, MCL 333.10101 to 333.10109.
(14) An operator or chauffeur may indicate on the license in a
place designated by the secretary of state that he or she has
designated a patient advocate in accordance with sections 5506 to
5513 of the estates and protected individuals code, 1998 PA 386,
MCL 700.5506 to 700.5513.
(15) If the applicant provides proof to the secretary of state
that
he or she is a minor who has been emancipated pursuant to
under 1968 PA 293, MCL 722.1 to 722.6, the license shall bear the
designation of the individual's emancipated status in a manner
prescribed by the secretary of state.
(16) Subsections (8), (9), and (10) do not apply to a person
who is in possession of 1 or more photocopies, reproductions, or
duplications of a license to document the identity of the licensee
for a legitimate business purpose.
(17) Beginning on the effective date of the amendatory act
that added this subsection, the secretary of state shall only issue
a vertical or portrait form operator's or chauffeur's license as
prescribed in subsection (1), whether as a temporary or regular
license, to a person who is, after the effective date of the
amendatory act that added this subsection, convicted of a violation
of section 625 or 625m. For a first conviction of section 625 or
625m, the license shall be for 1 year. For a second conviction, the
license shall be for 2 years. For a third or subsequent conviction,
the license shall be for 5 years. However, if the individual is
less than 21 years of age at the time he or she is convicted for a
violation of section 625 or 625m, the duration of time that the
license prescribed under this subsection shall be issued shall
begin on that individual's twenty-first birthday.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 4416(request no.
00080'05).
(b) Senate Bill No.____ or House Bill No. 4418(request no.
00080'05 b).