HB-4528, As Passed House, February 20, 2008

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4528

 

March 22, 2007, Introduced by Reps. Robert Jones and Condino 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 2006 PA 298.

 

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

 

 8  correctional facility, containing the prisoner's name,

 

 9  photograph, and other information identifying the prisoner as

 


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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

10  social security number. The applicant may provide a mailing

 

11  address if the applicant receives mail at an address different

 

12  from his or her residence address.

 

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

 

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

 

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

 

16  secretary of state is required to use the residence address

 

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

 

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

 

 

19       "NOTICE: Michigan law requires that the same address

20       be used for voter registration and driver license

21       purposes. Therefore, if the residence address

22       you provide in this application differs from your

23       voter registration address as it appears on the

24       qualified voter file, the secretary of state

25       will automatically change your voter registration

26       to match the residence address on this application,

27       after which your voter registration at your former

28       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.".

 

 

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

 

 6  license with a vehicle group designation or indorsement, the

 

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

 

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

 

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

 

10  group designation or indorsement, the following certifications by

 

11  the applicant:

 

12        (i) The applicant meets the applicable federal driver

 

13  qualification requirements under 49 CFR part 391 if the applicant

 

14  operates or intends to operate in interstate commerce or meets

 

15  the applicable qualifications of the department of state police

 

16  under the motor carrier safety act of 1963, 1963 PA 181, MCL

 

17  480.11 to 480.25, if the applicant operates or intends to operate

 

18  in intrastate commerce.

 

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

 

20  skills tests is representative of the type of vehicle the

 

21  applicant operates or intends to operate.

 

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

 

23  United States secretary of transportation, or a suspension,

 

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

 

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

 

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

 

27  than 1 state or jurisdiction.


 

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

 

 2  with a vehicle group designation and a hazardous material

 

 3  indorsement shall provide his or her fingerprints as prescribed

 

 4  by state and federal law.

 

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

 

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

 

 7  and signature captured or reproduced when the application for the

 

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

 

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

 

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

 

11  state personal identification card shall have his or her image

 

12  and signature captured or reproduced when the application for the

 

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

 

14  or lease the equipment for capturing the images and signatures

 

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

 

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

 

17  shall acquire equipment purchased or leased pursuant to this

 

18  section under standard purchasing procedures of the department of

 

19  management and budget based on standards and specifications

 

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

 

21  shall not purchase or lease equipment until an appropriation for

 

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

 

23  signature captured pursuant to this section shall appear on the

 

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

 

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

 

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

 

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


 

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

 

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

 

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

 

 4  specific enabling legislation permitting the use is enacted into

 

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

 

 6  information retained by the secretary of state under this

 

 7  subsection. The information may be utilized for any law

 

 8  enforcement purpose unless otherwise prohibited by law. The

 

 9  department of state police shall provide to the secretary of

 

10  state updated lists of persons required to be registered under

 

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

 

12  28.736, and the secretary of state shall make the images of those

 

13  persons available to the department of state police as provided

 

14  in that act.

 

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

 

16  and certification by the applicant, as determined by the

 

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

 

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

 

19  application. The secretary of state shall refund the application

 

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

 

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

 

22  the examination requirements of the secretary of state within 90

 

23  days after the date of application for a license.

 

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

 

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

 

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

 

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


 

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

 

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

 

 3  310.

 

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

 

 5  registry program. The information required under this

 

 6  subparagraph includes the address and telephone number of

 

 7  Michigan's federally designated organ procurement organization or

 

 8  its successor organization.

 

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

 

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

 

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

 

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

 

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

 

14  accordance with section 310.

 

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

 

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

 

17  or her name placed on the registry described in subdivision

 

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

 

19  for the registry.

 

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

 

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

 

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

 

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

 

24  credit of the organ and tissue donation education fund.

 

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

 

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

 

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


 

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

 

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

 

 3        (b) Providing printed material to an applicant who

 

 4  personally appears at a secretary of state branch office.

 

 5        (c) Through electronic information transmittals for

 

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

 

 7  means.

 

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

 

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

 

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

 

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

 

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

 

13  maintained by Michigan's federally designated organ procurement

 

14  organization or its successor organization. The secretary of

 

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

 

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

 

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

 

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

 

19  registry after forwarding that information to the organ donor

 

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

 

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

 

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

 

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

 

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

 

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

 

26  2007, the secretary of state shall maintain a record of an

 

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


 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 8  licensed in another jurisdiction, the secretary of state shall

 

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

 

10  available information from the national driver register. When

 

11  received, the driving record and other available information

 

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

 

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

 

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

 

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

 

16  record from all states where the applicant was previously

 

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

 

18  years before issuing a vehicle group designation or indorsement

 

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

 

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

 

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

 

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

 

23  secretary of state issues the applicant a vehicle group

 

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

 

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

 

26  state issues the applicant a vehicle group designation or

 

27  indorsement. The secretary of state shall also check the


 

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

 

 2  the federal commercial driver license information system before

 

 3  issuing that group designation or indorsement. If the application

 

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

 

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

 

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

 

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

 

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

 

 9  record from other states only once under this section.

 

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

 

11  as provided in this subsection or section 314(5), the secretary

 

12  of state may issue a renewal operator's or chauffeur's license

 

13  for 1 additional 4-year period by mail or by other methods

 

14  prescribed by the secretary of state. The secretary of state may

 

15  check the applicant's driving record through the national driver

 

16  register and the commercial driver license information system

 

17  before issuing a license under this section. The secretary of

 

18  state shall issue a renewal license only in person if the person

 

19  is a person required under section 5a of the sex offenders

 

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

 

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

 

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

 

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

 

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

 

25  department of state police shall provide to the secretary of

 

26  state updated lists of persons 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.

 

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

 

 4  information manual to an applicant explaining how to obtain a

 

 5  vehicle group designation or indorsement. The manual shall

 

 6  contain the information required under 49 CFR part 383.

 

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

 

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

 

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

 

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

 

11  and state law and rules related to this chapter.

 

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

 

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

 

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

 

15  paternity, child support, or overdue child support.

 

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

 

17  national driver register and the commercial driver license

 

18  information system when issuing a license under this act.

 

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

 

20  with vital records maintained by the department of community

 

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

 

22  333.2801 to 333.2899.

 

23        (e) As otherwise required by law.

 

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

 

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

 

26  license.

 

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


House Bill No. 4528 as amended February 20, 2008

 

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

 

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

 

 3  social security number or to an applicant who for religious

 

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

 

 5  social security number under these circumstances. The secretary

 

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

 

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

 

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

 

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

 

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

 

11  procurement organizations, their successor organizations, and

 

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

 

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

 

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

 

15  prisoner biography information maintained by the department of

 

16  corrections for the purpose of verifying the identity of a

 

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

 

18  under subsection (1).

      [Enacting section 1. This amendatory act takes effect June 1, 2008.]

19        Enacting section [2]. This amendatory act does not take effect

 

20  unless all of the following bills of the 94th Legislature are

 

21  enacted into law:

 

22        [(a) House Bill No. 4525.

 

23        (b) House Bill No. 4526.

 

24        (c) House Bill No. 4527.

 

25        (d) House Bill No. 5568.]