HB-5687, As Passed House, April 19, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 5687
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 307 and 310 (MCL 257.307 and 257.310), section
307 as amended by 2017 PA 32 and section 310 as amended by 2016 PA
219.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 307. (1) If an applicant for an operator's license or
2 chauffeur's license to operate a noncommercial motor vehicle is a
3 citizen of the United States, the applicant shall supply a
4 photographic identity document, a birth certificate, or other
5 sufficient documents as the secretary of state may require, to
6 verify the identity and citizenship of the applicant. If an
7 applicant for an operator's or chauffeur's license is not a citizen
8 of the United States, the applicant shall supply a photographic
1 identity document and other sufficient documents to verify the
2 identity of the applicant and the applicant's legal presence in the
3 United States under subdivision (b). The documents required under
4 this subsection shall include the applicant's full legal name, date
5 of birth, and address and residency and demonstrate that the
6 applicant is a citizen of the United States or is legally present
7 in the United States. If the applicant's full legal name differs
8 from the name of the applicant that appears on a document presented
9 under this subsection, the applicant shall present documents to
10 verify his or her current full legal name. The secretary of state
11 shall accept as 1 of the required identification documents an
12 identification card issued by the department of corrections to
13 prisoners who are placed on parole or released from a correctional
14 facility, containing the prisoner's legal name, photograph, and
15 other information identifying the prisoner as provided in section
16 37(4) of the corrections code of 1953, 1953 PA 232, MCL 791.237. An
17 application for an operator's or chauffeur's license shall be made
18 in a manner prescribed by the secretary of state and shall contain
19 all of the following:
20 (a) The applicant's full legal name, date of birth, residence
21 address, height, sex, eye color, signature, intent to make an
22 anatomical gift, other information required or permitted on the
23 license under this chapter, and, only to the extent required to
24 comply with federal law, the applicant's social security Social
25 Security number. The applicant may provide a mailing address if the
26 applicant receives mail at an address different from his or her
27 residence address.
1 (b) If the applicant is not a citizen of the United States,
2 the applicant shall provide, and the department shall verify,
3 documents demonstrating his or her legal presence in the United
4 States. Nothing in this act shall obligate or be construed to
5 obligate this state to comply with title II of the real ID act of
6 2005, Public Law 109-13. The secretary of state may adopt rules
7 under the administrative procedures act of 1969, 1969 PA 306, MCL
8 24.201 to 24.328, as are necessary for the administration of this
9 subdivision. A determination by the secretary of state that an
10 applicant is not legally present in the United States may be
11 appealed under section 631 of the revised judicature act of 1961,
12 1961 PA 236, MCL 600.631. The secretary of state shall not issue an
13 operator's license or a chauffeur's license to an applicant
14 described in this subdivision for a term that exceeds the duration
15 of the applicant's legal presence in the United States.
16 (c) The following notice shall be included to inform the
17 applicant that under sections 509o and 509r of the Michigan
18 election law, 1954 PA 116, MCL 168.509o and 168.509r, the secretary
19 of state is required to use the residence address provided on this
20 application as the applicant's residence address on the qualified
21 voter file for voter registration and voting:
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"NOTICE: Michigan law requires that the same address |
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be used for voter registration and driver license |
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purposes. Therefore, if the residence address |
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you provide in this application differs from your |
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voter registration address as it appears on the |
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qualified voter file, the secretary of state |
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will automatically change your voter registration |
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to match the residence address on this application, |
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after which your voter registration at your former |
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address will no longer be valid for voting purposes. |
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A new voter registration card, containing the |
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information of your polling place, will be provided |
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to you by the clerk of the jurisdiction where your |
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residence address is located.". |
9 (d) For an original or renewal operator's or chauffeur's
10 license with a vehicle group designation or indorsement, the names
11 of all states where the applicant has been licensed to drive any
12 type of motor vehicle during the previous 10 years.
13 (e) For an operator's or chauffeur's license with a vehicle
14 group designation or indorsement, the following certifications by
15 the applicant:
16 (i) The applicant meets the applicable federal driver
17 qualification requirements under 49 CFR parts 383 and 391 or meets
18 the applicable qualifications of the department of state police
19 under the motor carrier safety act of 1963, 1963 PA 181, MCL 480.11
20 to 480.25.
21 (ii) The vehicle in which the applicant will take the driving
22 28 skills tests is representative of the type of vehicle the
23 applicant operates or intends to operate.
24 (iii) The applicant is not subject to disqualification by the
25 United States Secretary of Transportation, or a suspension,
26 revocation, or cancellation under any state law for conviction of
27 an offense described in section 312f or 319b.
1 (iv) The applicant does not have a driver's license from more
2 than 1 state or jurisdiction.
3 (f) An applicant for an operator's or chauffeur's license with
4 a vehicle group designation and a hazardous material indorsement
5 shall provide his or her fingerprints as prescribed by state and
6 federal law.
7 (2) An applicant for an operator's or chauffeur's license may
8 have his or her image and signature captured or reproduced when the
9 application for the license is made. The secretary of state shall
10 acquire equipment purchased or leased under this section under
11 standard purchasing procedures of the department of technology,
12 management, and budget based on standards and specifications
13 established by the secretary of state. The secretary of state shall
14 not purchase or lease equipment until an appropriation for the
15 equipment has been made by the legislature. A digital photographic
16 image and signature captured under this section shall appear on the
17 applicant's operator's license or chauffeur's license. A person's
18 digital photographic image and signature shall be used as follows:
19 (a) By a federal, state, or local governmental agency for a
20 law enforcement purpose authorized by law.
21 (b) By the secretary of state for a use specifically
22 authorized by law.
23 (c) By the secretary of state for forwarding to the department
24 of state police the images of persons required to be registered
25 under the sex offenders registration act, 1994 PA 295, MCL 28.721
26 to 28.736, upon the department of state police providing the
27 secretary of state an updated list of the names of those persons.
1 (d) By the secretary of state for forwarding to the department
2 of state police as provided in section 5c of 1927 PA 372, MCL
3 28.425c.
4 (e) As necessary to comply with a law of this state or of the
5 United States.
6 (3) An application shall contain a signature or verification
7 and certification by the applicant, as determined by the secretary
8 of state, and shall be accompanied by the proper fee. The secretary
9 of state shall collect the application fee with the application.
10 The secretary of state shall refund the application fee to the
11 applicant if the license applied for is denied, but shall not
12 refund the fee to an applicant who fails to complete the
13 examination requirements of the secretary of state within 90 days
14 after the date of application for a license.
15 (4) In conjunction with the application for an original or
16 renewal operator's license or chauffeur's license, the secretary of
17 state shall do all of the following:
18 (a) If the applicant is not a participant in the anatomical
19 gift donor registry program, specifically inquire, either orally or
20 in writing, whether the applicant wishes to participate in the
21 anatomical gift donor registry program under part 101 of the public
22 health code, 1978 PA 368, MCL 333.10101 to 333.10123. If the
23 secretary of state or an employee of the secretary of state fails
24 to inquire whether an applicant wishes to participate in the
25 anatomical gift donor registry program as required by this
26 subdivision, neither the secretary of state nor the employee is
27 civilly or criminally liable for the failure to make the inquiry.
1 (b) Provide the applicant with all of the following:
2 (i) Information explaining the applicant's right to make an
3 anatomical gift in the event of death in accordance with section
4 310.
5 (ii) Information describing the anatomical gift donor registry
6 program under part 101 of the public health code, 1978 PA 368, MCL
7 333.10101 to 333.10123. The information required under this
8 subparagraph includes the address and telephone number of
9 Michigan's federally designated organ procurement organization as
10 that term is defined in section 10102 of the public health code,
11 1978 PA 368, MCL 333.10102, or its successor organization.
12 (iii) Information giving the applicant the opportunity to be
13 placed on the donor registry described in subparagraph (ii).
14 (c) Provide the applicant with the opportunity to specify on
15 his or her operator's or chauffeur's license that he or she is
16 willing to make an anatomical gift in the event of death in
17 accordance with section 310.
18 (d) Inform the applicant that, if he or she indicates to the
19 secretary of state under this section a willingness to have his or
20 her name placed on the donor registry described in subdivision
21 (b)(ii), the secretary of state will mark the applicant's record
22 for the donor registry.
23 (5) The secretary of state may fulfill the requirements of
24 subsection (4) by 1 or more of the following methods:
25 (a) Providing printed material enclosed with a mailed notice
26 for an operator's or chauffeur's license renewal or the issuance of
27 an operator's or chauffeur's license.
1 (b) Providing printed material to an applicant who personally
2 appears at a secretary of state branch office, or inquiring orally.
3 (c) Through electronic information transmittals for operator's
4 and chauffeur's licenses processed by electronic means.
5 (6) The secretary of state shall maintain a record of an
6 individual who indicates a willingness to have his or her name
7 placed on the donor registry described in subsection (4)(b)(ii).
8 Information about an applicant's indication of a willingness to
9 have his or her name placed on the donor registry that is obtained
10 by the secretary of state under subsection (4) and forwarded under
11 subsection (14) is exempt from disclosure under section 13(1)(d) of
12 the freedom of information act, 1976 PA 442, MCL 15.243. The
13 secretary of state is not required to maintain a record of an
14 individual who does not indicate a willingness to have his or her
15 name placed on the donor registry described in subsection
16 (4)(b)(ii) or an individual who does not respond to an inquiry
17 under subsection (4)(a).
18 (7) If an application is received from a person previously
19 licensed in another jurisdiction, the secretary of state shall
20 request a copy of the applicant's driving record and other
21 available information from the National Driver Register. When
22 received, the driving record and other available information become
23 a part of the driver's record in this state.
24 (8) If a person applies for a commercial learner's permit for
25 an original vehicle group designation or indorsement to operate a
26 commercial motor vehicle, the secretary of state may verify the
27 person's identity, may require proof of Michigan domicile under 49
1 CFR 383.5, and may verify the person's proof of United States
2 citizenship or proof of lawful permanent residency as required
3 under 49 CFR 383.71 and 383.73, if that information is not on the
4 person's Michigan driving record. If a person applies for a renewal
5 of an operator's or chauffeur's license to operate a commercial
6 motor vehicle, the secretary of state may verify the person's
7 identity, may require proof of Michigan domicile under 49 CFR
8 383.5, and may verify the person's proof of citizenship or lawful
9 permanent residency under 49 CFR 383.71 and 383.73, if that
10 information is not on the person's Michigan driving record. If a
11 person applies for an upgrade of a vehicle group designation or
12 indorsement, the secretary of state may verify the person's
13 identity, may require proof of Michigan domicile under 49 CFR
14 383.5, and may verify the person's proof of citizenship or lawful
15 permanent residency under 49 CFR 383.71 and 383.73, if that
16 information is not on the person's Michigan driving record. The
17 secretary of state shall request the person's complete driving
18 record from all states where the applicant was previously licensed
19 to drive any type of motor vehicle over the last 10 years before
20 issuing a vehicle group designation or indorsement to the
21 applicant. If the applicant does not hold a valid commercial motor
22 vehicle driver license from a state where he or she was licensed in
23 the last 10 years, this complete driving record request must be
24 made not earlier than 24 hours before the secretary of state issues
25 the applicant a vehicle group designation or indorsement. For all
26 other drivers, this request must be made not earlier than 10 days
27 before the secretary of state issues the applicant a vehicle group
1 designation or indorsement. If the application is for the renewal
2 of a vehicle group designation or indorsement, and if the secretary
3 of state enters on the person's driving record maintained under
4 section 204a a notation that the request was made and the date of
5 the request, the secretary of state is required to request the
6 applicant's complete driving record from other states only once
7 under this section. The secretary of state shall also check the
8 applicant's driving record with the National Driver Register and
9 the federal Commercial Driver's License Information System before
10 issuing that group designation or indorsement.
11 (9) Except for a vehicle group designation or indorsement or
12 as provided in this subsection or section 314(5), the secretary of
13 state may issue a renewal operator's or chauffeur's license for 1
14 additional 4-year period or until the person is no longer
15 determined to be legally present under this section by mail or by
16 other methods prescribed by the secretary of state. The secretary
17 of state may check the applicant's driving record through the
18 National Driver Register and the Commercial Driver's License
19 Information System before issuing a license under this section. The
20 secretary of state shall issue a renewal license only in person if
21 the person is a person required under section 5a of the sex
22 offenders registration act, 1994 PA 295, MCL 28.725a, to maintain a
23 valid operator's or chauffeur's license or official state personal
24 identification card. If a license is renewed by mail or by other
25 method, the secretary of state shall issue evidence of renewal to
26 indicate the date the license expires in the future. The department
27 of state police shall provide to the secretary of state updated
1 lists of persons required under section 5a of the sex offenders
2 registration act, 1994 PA 295, MCL 28.725a, to maintain a valid
3 operator's or chauffeur's license or official state personal
4 identification card.
5 (10) Upon request, the secretary of state shall provide an
6 information manual to an applicant explaining how to obtain a
7 vehicle group designation or indorsement. The manual shall contain
8 the information required under 49 CFR part 383.
9 (11) The secretary of state shall not disclose a social
10 security Social
Security number obtained under
subsection (1) to
11 another person except for use for 1 or more of the following
12 purposes:
13 (a) Compliance with 49 USC 31301 to 31317 and regulations and
14 state law and rules related to this chapter.
15 (b) To carry out the purposes of section 466(a) of the social
16 security act, 42 USC 666, in connection with matters relating to
17 paternity, child support, or overdue child support.
18 (c) To check an applicant's driving record through the
19 National Driver Register and the Commercial Driver's License
20 Information System when issuing a license under this act.
21 (d) With the department of health and human services, for
22 comparison with vital records maintained by the department of
23 health and human services under part 28 of the public health code,
24 1978 PA 368, MCL 333.2801 to 333.2899.
25 (e) As otherwise required by law.
26 (12) The secretary of state shall not display a person's
27 social security Social
Security number on the person's
operator's
1 or chauffeur's license.
2 (13) A requirement under this section to include a social
3 security Social
Security number on an application does
not apply to
4 an applicant who demonstrates that he or she is exempt under law
5 from obtaining a social security Social Security number.
6 (14) As required in section 10120 of the public health code,
7 1978 PA 368, MCL 333.10120, the secretary of state shall maintain
8 the donor registry in a manner that provides electronic access,
9 including, but not limited to, the transfer of data to this state's
10 federally designated organ procurement organization or its
11 successor organization, tissue banks, and eye banks, in a manner
12 that complies with that section.
13 (15) The secretary of state, with the approval of the state
14 administrative board created under 1921 PA 2, MCL 17.1 to 17.3, may
15 enter into agreements with the United States government to verify
16 whether an applicant for an operator's license or a chauffeur's
17 license under this section who is not a citizen of the United
18 States is authorized under federal law to be present in the United
19 States.
20 (16) The secretary of state shall not issue an operator's
21 license or a chauffeur's license to a person holding an operator's
22 license or chauffeur's license issued by another state without
23 confirmation that the person is terminating or has terminated the
24 operator's license or chauffeur's license issued by the other
25 state.
26 (17) The secretary of state shall do all of the following:
27 (a) Ensure the physical security of locations where operator's
1 licenses and chauffeur's licenses are produced and the security of
2 document materials and papers from which operator's licenses and
3 chauffeur's licenses are produced.
4 (b) Subject all persons authorized to manufacture or produce
5 operator's licenses or chauffeur's licenses and all persons who
6 have the ability to affect the identity information that appears on
7 operator's licenses or chauffeur's licenses to appropriate security
8 clearance requirements. The security requirements of this
9 subdivision and subdivision (a) may require that licenses be
10 manufactured or produced in this state.
11 (c) Provide fraudulent document recognition programs to
12 department of state employees engaged in the issuance of operator's
13 licenses and chauffeur's licenses.
14 (18) The secretary of state shall have electronic access to
15 prisoner information maintained by the department of corrections
16 for the purpose of verifying the identity of a prisoner who applies
17 for an operator's or chauffeur's license under subsection (1).
18 Sec. 310. (1) The secretary of state shall issue an operator's
19 license to each person licensed as an operator and a chauffeur's
20 license to each person licensed as a chauffeur. An applicant for a
21 motorcycle indorsement under section 312a or a vehicle group
22 designation or indorsement shall first qualify for an operator's or
23 chauffeur's license before the indorsement or vehicle group
24 designation application is accepted and processed. An original
25 license or the first renewal of an existing license issued to a
26 person less than 21 years of age shall be portrait or vertical in
27 form and a license issued to a person 21 years of age or over shall
1 be landscape or horizontal in form.
2 (2) The license issued under subsection (1) shall contain all
3 of the following:
4 (a) The distinguishing number permanently assigned to the
5 licensee.
6 (b) The full legal name, date of birth, address of residence,
7 height, eye color, sex, digital photographic image, expiration
8 date, and signature of the licensee.
9 (c) In the case of a licensee who has indicated his or her
10 wish to participate in the anatomical gift donor registry under
11 part 101 of the public health code, 1978 PA 368, MCL 333.10101 to
12 333.10123, a heart insignia on the front of the license.
13 (d) Physical security features designed to prevent tampering,
14 counterfeiting, or duplication of the license for fraudulent
15 purposes.
16 (e) If requested by an individual who is a veteran of the
17 armed forces of this state, another state, or the United States, a
18 designation that the individual is a veteran. The designation shall
19 be in a style and format considered appropriate by the secretary of
20 state. The secretary of state shall require proof of discharge or
21 separation of service from the armed forces of this state, another
22 state, or the United States, and the nature of that discharge, for
23 the purposes of verifying an individual's status as a veteran under
24 this subdivision. The secretary of state shall consult with the
25 department of military and veterans affairs in determining the
26 proof that shall be required to identify an individual's status as
27 a veteran for the purposes of this subsection. The secretary of
1 state may provide the department of military and veterans affairs
2 and agencies of the counties of this state that provide veteran
3 services with information provided by an applicant under this
4 subsection for the purpose of veterans' benefits eligibility
5 referral. As used in this subdivision, "veteran" means that term as
6 defined in section 1 of 1965 PA 190, MCL 35.61.
7 (3) Except as otherwise required under this chapter, other
8 information required on the license pursuant to this chapter may
9 appear on the license in a form prescribed by the secretary of
10 state.
11 (4) The license shall not contain a fingerprint or finger
12 image of the licensee.
13 (5) A digitized license may contain an identifier for voter
14 registration purposes. The digitized license may contain
15 information appearing in electronic or machine readable codes
16 needed to conduct a transaction with the secretary of state. The
17 information shall be limited to the information described in
18 subsection (2)(a) and (b) except for the person's digital
19 photographic image and signature, state of issuance, license
20 expiration date, and other information necessary for use with
21 electronic devices, machine readers, or automatic teller machines
22 and shall not contain the driving record or other personal
23 identifier. The license shall identify the encoded information.
24 (6) The license shall be manufactured in a manner to prohibit
25 as nearly as possible the ability to reproduce, alter, counterfeit,
26 forge, or duplicate the license without ready detection. In
27 addition, a license with a vehicle group designation shall contain
1 the information required under 49 CFR part 383.
2 (7) Except as provided in subsection (11), a person who
3 intentionally reproduces, alters, counterfeits, forges, or
4 duplicates a license photograph, the negative of the photograph,
5 image, license, or electronic data contained on a license or a part
6 of a license or who uses a license, image, or photograph that has
7 been reproduced, altered, counterfeited, forged, or duplicated is
8 subject to 1 of the following:
9 (a) If the intent of the reproduction, alteration,
10 counterfeiting, forging, duplication, or use is to commit or aid in
11 the commission of an offense that is a felony punishable by
12 imprisonment for 10 or more years, the person committing the
13 reproduction, alteration, counterfeiting, forging, duplication, or
14 use is guilty of a felony, punishable by imprisonment for not more
15 than 10 years or a fine of not more than $20,000.00, or both.
16 (b) If the intent of the reproduction, alteration,
17 counterfeiting, forging, duplication, or use is to commit or aid in
18 the commission of an offense that is a felony punishable by
19 imprisonment for less than 10 years or a misdemeanor punishable by
20 imprisonment for 6 months or more, the person committing the
21 reproduction, alteration, counterfeiting, forging, duplication, or
22 use is guilty of a felony, punishable by imprisonment for not more
23 than 5 years, or a fine of not more than $10,000.00, or both.
24 (c) If the intent of the reproduction, alteration,
25 counterfeiting, forging, duplication, or use is to commit or aid in
26 the commission of an offense that is a misdemeanor punishable by
27 imprisonment for less than 6 months, the person committing the
1 reproduction, alteration, counterfeiting, forging, duplication, or
2 use is guilty of a misdemeanor punishable by imprisonment for not
3 more than 1 year or a fine of not more than $2,000.00, or both.
4 (8) Except as provided in subsections (11) and (16), a person
5 who sells, or who possesses with the intent to deliver to another,
6 a reproduced, altered, counterfeited, forged, or duplicated license
7 photograph, negative of the photograph, image, license, or
8 electronic data contained on a license or part of a license is
9 guilty of a felony punishable by imprisonment for not more than 5
10 years or a fine of not more than $10,000.00, or both.
11 (9) Except as provided in subsections (11) and (16), a person
12 who is in possession of 2 or more reproduced, altered,
13 counterfeited, forged, or duplicated license photographs, negatives
14 of the photograph, images, licenses, or electronic data contained
15 on a license or part of a license is guilty of a felony punishable
16 by imprisonment for not more than 5 years or a fine of not more
17 than $10,000.00, or both.
18 (10) Except as provided in subsection (16), a person who is in
19 possession of a reproduced, altered, counterfeited, forged, or
20 duplicated license photograph, negative of the photograph, image,
21 license, or electronic data contained on a license or part of a
22 license is guilty of a misdemeanor punishable by imprisonment for
23 not more than 1 year or a fine of not more than $2,000.00, or both.
24 (11) Subsections (7)(a) and (b), (8), and (9) do not apply to
25 a minor whose intent is to violate section 703 of the Michigan
26 liquor control code of 1998, 1998 PA 58, MCL 436.1703.
27 (12) The secretary of state, upon determining after an
1 examination that an applicant is mentally and physically qualified
2 to receive a license, may issue the applicant a temporary driver's
3 permit. The temporary driver's permit entitles the applicant, while
4 having the permit in his or her immediate possession, to operate a
5 motor vehicle upon the highway for a period not exceeding 60 days
6 before the secretary of state has issued the applicant an
7 operator's or chauffeur's license. The secretary of state may
8 establish a longer duration for the validity of a temporary
9 driver's permit if necessary to accommodate the process of
10 obtaining a background check that is required for an applicant by
11 federal law.
12 (13) An operator or chauffeur may indicate on the license in a
13 place designated by the secretary of state his or her blood type,
14 emergency contact information, immunization data, medication data,
15 or a statement that the licensee is deaf. The secretary of state
16 shall not require an applicant for an original or renewal
17 operator's or chauffeur's license to provide emergency contact
18 information as a condition of obtaining a license. However, the
19 secretary of state may inquire whether an operator or chauffeur
20 would like to provide emergency contact information. Emergency
21 contact information obtained under this subsection shall be
22 disclosed only to a state or federal law enforcement agency for law
23 enforcement purposes or to the extent necessary for a medical
24 emergency. No later than January 1, 2017, the secretary of state
25 shall develop and shall, in conjunction with the department of
26 state police, implement a process using the L.E.I.N. or any other
27 appropriate system that limits access to law enforcement that would
1 allow law enforcement agencies of this state to access emergency
2 contact information that the holder of an operator's license has
3 voluntarily provided to the secretary of state. As used in this
4 subsection, "emergency contact information" means the name,
5 telephone number, or address of an individual that is used for the
6 sole purpose of contacting that individual when the holder of an
7 operator's license has been involved in an emergency.
8 (14) An operator or chauffeur may indicate on the license in a
9 place designated by the secretary of state that he or she has
10 designated a patient advocate in accordance with sections 5506 to
11 5515 of the estates and protected individuals code, 1998 PA 386,
12 MCL 700.5506 to 700.5515.
13 (15) If the applicant provides proof to the secretary of state
14 that he or she is a minor who has been emancipated under 1968 PA
15 293, MCL 722.1 to 722.6, the license shall bear the designation of
16 the individual's emancipated status in a manner prescribed by the
17 secretary of state.
18 (16) Subsections (8), (9), and (10) do not apply to a person
19 who is in possession of 1 or more photocopies, reproductions, or
20 duplications of a license to document the identity of the licensee
21 for a legitimate business purpose.
22 (17) A sticker or decal may be provided by any person,
23 hospital, school, medical group, or association interested in
24 assisting in implementing an emergency medical information card,
25 but shall meet the specifications of the secretary of state. An
26 emergency medical information card may contain information
27 concerning the licensee's patient advocate designation, other
1 emergency medical information, or an indication as to where the
2 licensee has stored or registered emergency medical information.
3 (18) The secretary of state shall inquire of each licensee, in
4 person or by mail, whether the licensee agrees to participate in
5 the anatomical gift donor registry under part 101 of the public
6 health code, 1978 PA 368, MCL 333.10101 to 333.10123.
7 (19) A licensee who has agreed to participate in the
8 anatomical gift donor registry under part 101 of the public health
9 code, 1978 PA 368, MCL 333.10101 to 333.10123, shall not be
10 considered to have revoked that agreement solely because the
11 licensee's license has been revoked or suspended or has expired.
12 Enrollment in the donor registry constitutes a legal agreement that
13 remains binding and in effect after the donor's death regardless of
14 the expressed desires of the deceased donor's next of kin who may
15 oppose the donor's anatomical gift.
16 (20) If an operator's or chauffeur's license is issued to an
17 individual described in section 307(1)(b) who has temporary lawful
18 status, the license shall be issued in compliance with 6 CFR 37.21
19 or in compliance with the process established to comply with 6 CFR
20 37.71 by the secretary of state. As used in this subsection,
21 "temporary lawful status" means that term as defined in 6 CFR 37.3.
22 Enacting section 1. This amendatory act takes effect 90 days
23 after the date it is enacted into law.