April 12, 2016, Introduced by Rep. Lucido and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 310, 313, and 625g (MCL 257.310, 257.313, and
257.625g), section 310 as amended by 2016 PA 4, section 313 as
amended by 2004 PA 362, and section 625g as amended by 2014 PA 315.
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. 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) this section shall
contain all of the following:
(a) The distinguishing number permanently assigned to the
licensee.
(b) The full legal name, date of birth, address of residence,
height, eye color, sex, digital photographic image, expiration
date, and signature of the licensee.
(c) In the case of a licensee who has indicated his or her
wish to participate in the anatomical gift donor registry under
part 101 of the public health code, 1978 PA 368, MCL 333.10101 to
333.10123, a heart insignia on the front of the license.
(d) Physical security features designed to prevent tampering,
counterfeiting, or duplication of the license for fraudulent
purposes.
(e) If requested by an individual who is a veteran of the
armed forces of this state, another state, or the United States,
other than an individual who was dishonorably discharged from the
armed forces of this state, another state, or the United States, a
designation that the individual is a veteran. The designation shall
be in a style and format considered appropriate by the secretary of
state. The secretary of state shall require proof of discharge or
separation of service from the armed forces of this state, another
state, or the United States, and the nature of that discharge, for
the purposes of verifying an individual's status as a veteran under
this subdivision. The secretary of state shall consult with the
department of military and veterans affairs in determining the
proof that shall be required to identify an individual's status as
a veteran for the purposes of this subsection. The secretary of
state may provide the department of military and veterans affairs
and agencies of the counties of this state that provide veteran
services with information provided by an applicant under this
subsection for the purpose of veterans' benefits eligibility
referral.
(3) Except as otherwise required under this chapter, other
information
required on the license pursuant to under this chapter
section may appear on the license in a form prescribed by the
secretary of state.
(4)
The A license issued
under this section shall not contain
a fingerprint or finger image of the licensee.
(5) A digitized license issued under this section 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 information
described in subsection (2)(a) and (b) except for the person's
digital photographic image and signature, state of issuance,
license expiration date, and other information necessary for use
with electronic devices, machine readers, or automatic teller
machines and shall not contain the 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) Except as provided in subsection (11), 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 subsections (11) and (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 subsections (11) and (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 under this section, 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 operate 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
issued under this section 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. The secretary of state shall not require an
applicant for an original or renewal operator's or chauffeur's
license to provide emergency contact information as a condition of
obtaining a license. However, the secretary of state may inquire
whether an operator or chauffeur would like to provide emergency
contact information. Emergency contact information obtained under
this subsection shall be disclosed only to a state or federal law
enforcement agency for law enforcement purposes or to the extent
necessary for a medical emergency. No later than January 1, 2017,
the secretary of state shall develop and shall, in conjunction with
the department of state police, implement a process using the
L.E.I.N. or any other appropriate system that limits access to law
enforcement that would allow law enforcement agencies of this state
to access emergency contact information that the holder of an
operator's license has voluntarily provided to the secretary of
state. As used in this subsection, "emergency contact information"
means the name, telephone number, or address of an individual that
is used for the sole purpose of contacting that individual when the
holder of an operator's license has been involved in an emergency.
(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
5515 of the estates and protected individuals code, 1998 PA 386,
MCL 700.5506 to 700.5515.
(15) If the applicant provides proof to the secretary of state
that he or she is a minor who has been emancipated 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) A sticker or decal may be provided by any person,
hospital, school, medical group, or association interested in
assisting in implementing an emergency medical information card,
but shall meet the specifications of the secretary of state. An
emergency medical information card may contain 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.
(18) The secretary of state shall inquire of each licensee, in
person or by mail, whether the licensee agrees to participate in
the anatomical gift donor registry under part 101 of the public
health code, 1978 PA 368, MCL 333.10101 to 333.10123.
(19) A licensee who has agreed to participate in the
anatomical gift donor registry under part 101 of the public health
code, 1978 PA 368, MCL 333.10101 to 333.10123, shall not be
considered to have revoked that agreement solely because the
licensee's license has been revoked or suspended or has expired.
Enrollment in the donor registry constitutes a legal agreement that
remains binding and in effect after the donor's death regardless of
the expressed desires of the deceased donor's next of kin who may
oppose the donor's anatomical gift.
(20) The secretary of state shall make the license issued
under subsection (1) available in electronic format.
(21) The secretary of state may enter into a contract with a
vendor in order to make electronic licenses available in this
state.
(22) An electronic license issued under subsection (20) shall
contain all of the information required to be included on a plastic
card license issued under subsection (1) and shall include a QR
code, or another similar technology, allowing the electronic
license to be scanned and read and contain the same information as
a digitized license described in subsection (5).
(23) As used in this section:
(a) "QR code" means a machine-readable code consisting of an
array of black and white squares, used for storing information for
reading by the camera on a cellular telephone, or other type of
handheld technology.
(b) "Smart cellular telephone" or "other handheld technology"
means a cellular telephone or a similar handheld machine that
performs many of the functions of a computer, typically having a
touchscreen interface, Internet access, and an operating system
capable of running downloaded applications.
Sec. 313. (1) Except as provided in subsection (2) and section
812, if an operator's or chauffeur's license issued under this
chapter is lost, destroyed, or mutilated, or becomes illegible, the
person to whom the license was issued may obtain a duplicate upon
the payment of the fee required in section 812, upon furnishing
proof satisfactory to the secretary of state that the license has
been lost, destroyed, or mutilated, or has become illegible, and
upon certifying that the license is not being held by a court as a
condition of that person's recognizance. The secretary of state may
check the applicant's driving record through the national driver
register and the commercial driver license information system
before issuing a license under this section.
(2) Subsection (1) does not apply if the operator's or
chauffeur's
license is destroyed pursuant to under section
625g(1)(b)(iii) or if the operator's or chauffeur's license is an
electronic license issued under section 310(20) and is no longer in
effect under section 625g(3).
Sec.
625g. (1) If Except as
provided in subsection (3), if a
person refuses a chemical test offered under section 625a(6), the
peace officer who requested the person to submit to the chemical
test
shall comply with subdivisions (a) and (b). If Except as
provided in subsection (3), if a person submits to the chemical
test or a chemical test is performed under a court order and the
test reveals an unlawful alcohol content, or the presence of a
controlled substance or other intoxicating substance, or any
combination of them, the peace officer who requested the person to
submit to the test shall do all of the following, other than
subdivision (b)(i):
(a) On behalf of the secretary of state, immediately
confiscate the person's license or permit to operate a motor
vehicle and, if the person is otherwise eligible for a license or
permit, issue a temporary license or permit to the person. The
temporary license or permit shall be on a form provided by the
secretary of state.
(b) Except as provided in subsection (2), immediately do all
of the following:
(i) Forward a copy of the written report of the person's
refusal to submit to a chemical test required under section 625d to
the secretary of state.
(ii) Notify the secretary of state by means of the law
enforcement information network that a temporary license or permit
was issued to the person.
(iii) Destroy the person's driver's license or permit.
(2)
If Except as provided in
subsection (5), if a person
submits to a chemical test offered under section 625a(6) that
requires an analysis of blood or urine and a report of the results
of that chemical test is not immediately available, the peace
officer who requested the person to submit to the test shall comply
with subsection (1)(a) and (b)(ii) and indicate in the notice under
subsection (1)(b)(ii) that a subsequent chemical test is pending.
If the report reveals an unlawful alcohol content, or the presence
of a controlled substance or other intoxicating substance, or any
combination of them, the peace officer who requested the person to
submit to the test shall immediately comply with subsection
(1)(b)(iii). If the report does not reveal an unlawful alcohol
content, or the presence of a controlled substance or other
intoxicating substance, or any combination of them, the peace
officer who requested the person to submit to the test shall
immediately notify the person of the test results and immediately
return the person's license or permit by first-class mail to the
address provided at the time of arrest.
(3) If a person who has an electronic license issued under
section 310(20) refuses a chemical test offered under section
625a(6), the peace officer who requested the person to submit to
the chemical test shall comply with all of the following:
(a) If the person is otherwise eligible, issue a temporary
license or permit to the person. The temporary license or permit
shall be on a form provided by the secretary of state and shall
indicate that the person's electronic license is no longer in
effect.
(b) Forward a copy of the written report of the person's
refusal to submit to a chemical test required under section 625d to
the secretary of state.
(c) Notify the secretary of state by means of the law
enforcement information network that a temporary license or permit
was issued to the person.
(4) If a person who has an electronic license submits to the
chemical test or a chemical test is performed under a court order
and the test reveals an unlawful alcohol content, or the presence
of a controlled substance or other intoxicating substance, or any
combination of them, the peace officer who requested the person to
submit to the test shall comply with subsection (3)(a) and (c).
(5) If a person who has an electronic license issued under
section 310(20) submits to a chemical test offered under section
625a(6) that requires an analysis of blood and a report of the
results of that chemical test is not immediately available, the
peace officer who requested the person to submit to the test shall
comply with subsection (3)(a) and (c) and indicate in the notice
that the results of a subsequent chemical test are pending.
(6) (3)
A temporary license or permit
issued under this
section is valid for 1 of the following time periods:
(a) If the case is not prosecuted, for 90 days after issuance
or until the person's license or permit is suspended under section
625f, whichever occurs earlier. The prosecuting attorney shall
notify the secretary of state if a case referred to the prosecuting
attorney is not prosecuted. The arresting law enforcement agency
shall notify the secretary of state if a case is not referred to
the prosecuting attorney for prosecution.
(b) If the case is prosecuted, until the criminal charges
against the person are dismissed, the person is acquitted of those
charges, or the person's license or permit is suspended,
restricted, or revoked.
(7) (4)
As used in this section:
(a) "Controlled substance" means that term as defined in
section 7104 of the public health code, 1978 PA 368, MCL 333.7104.
(b) "Intoxicating substance" means that term as defined in
section 625.
(c) "Unlawful alcohol content" means any of the following, as
applicable:
(i) If the person tested is less than 21 years of age, 0.02
grams or more of alcohol per 100 milliliters of blood, per 210
liters of breath, or per 67 milliliters of urine.
(ii) If the person tested was operating a commercial motor
vehicle within this state, 0.04 grams or more of alcohol per 100
milliliters of blood, per 210 liters of breath, or per 67
milliliters of urine.
(iii) If the person tested is not a person described in
subparagraph (i) or (ii), 0.08 grams or more of alcohol per 100
milliliters of blood, per 210 liters of breath, or per 67
milliliters of urine, or, beginning October 1, 2018, 0.10 grams or
more of alcohol per 100 milliliters of blood, per 210 liters of
breath, or per 67 milliliters of urine.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.