HOUSE BILL No. 4024

January 12, 2017, Introduced by Rep. Kosowski and referred to the Committee on Transportation and Infrastructure.

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 307 and 314 (MCL 257.307 and 257.314), section

307 as amended by 2015 PA 11 and section 314 as amended by 2011 PA

159.

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 number.

25 The applicant may provide a mailing address if the applicant

26 receives mail at an address different from his or her residence

27 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.

13 (c) 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 secretary

16 of state is required to use the residence address provided on this

17 application as the applicant's residence address on the qualified

18 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

1		address will no longer be valid for voting purposes.
2		A new voter registration card, containing the
3		information of your polling place, will be provided
4		to you by the clerk of the jurisdiction where your
5		residence address is located.".

6 (d) For an original or renewal operator's or chauffeur's

7 license with a vehicle group designation or indorsement, the names

8 of all states where the applicant has been licensed to drive any

9 type of motor vehicle during the previous 10 years.

10 (e) For an operator's or chauffeur's license with a vehicle

11 group designation or indorsement, the following certifications by

12 the applicant:

13 (i) The applicant meets the applicable federal driver

14 qualification requirements under 49 CFR parts 383 and 391 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 480.11

17 to 480.25.

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

19 28 skills tests is representative of the type of vehicle the

20 applicant operates or intends to operate.

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

22 United States Secretary of Transportation, or a suspension,

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

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

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

26 than 1 state or jurisdiction.

27 (f) An applicant for an operator's or chauffeur's license with

1 a vehicle group designation and a hazardous material indorsement

2 shall provide his or her fingerprints as prescribed by state and

3 federal law.

4 (2) An applicant for an operator's or chauffeur's license may

5 have his or her image and signature captured or reproduced when the

6 application for the license is made. The secretary of state shall

7 acquire equipment purchased or leased under this section under

8 standard purchasing procedures of the department of technology,

9 management, and budget based on standards and specifications

10 established by the secretary of state. The secretary of state shall

11 not purchase or lease equipment until an appropriation for the

12 equipment has been made by the legislature. A digital photographic

13 image and signature captured under this section shall appear on the

14 applicant's operator's license or chauffeur's license. A person's

15 digital photographic image and signature shall be used as follows:

16 (a) By a federal, state, or local governmental agency for a

17 law enforcement purpose authorized by law.

18 (b) By the secretary of state for a use specifically

19 authorized by law.

20 (c) By the secretary of state for forwarding to the department

21 of state police the images of persons required to be registered

22 under the sex offenders registration act, 1994 PA 295, MCL 28.721

23 to 28.736, upon the department of state police providing the

24 secretary of state an updated list of the names of those persons.

25 (d) As necessary to comply with a law of this state or of the

26 United States.

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

1 and certification by the applicant, as determined by the secretary

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

3 of state shall collect the application fee with the application.

4 The secretary of state shall refund the application fee to the

5 applicant if the license applied for is denied, but shall not

6 refund the fee to an applicant who fails to complete the

7 examination requirements of the secretary of state within 90 days

8 after the date of application for a license.

9 (4) In conjunction with the application for an operator's

10 license or chauffeur's license, the secretary of state shall do all

11 of the following:

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

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

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

15 310.

16 (ii) Information describing the anatomical gift donor registry

17 program under part 101 of the public health code, 1978 PA 368, MCL

18 333.10101 to 333.10123. The information required under this

19 subparagraph includes the address and telephone number of

20 Michigan's federally designated organ procurement organization or

21 its successor organization as defined in section 10102 of the

22 public health code, 1978 PA 368, MCL 333.10102.

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

24 placed on the donor registry described in subparagraph (ii).

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

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

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

1 accordance with section 310.

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

3 secretary of state under this section a willingness to have his or

4 her name placed on the donor registry described in subdivision

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

6 for the donor registry.

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

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

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

10 for an operator's or chauffeur's license renewal or the issuance of

11 an operator's or chauffeur's license.

12 (b) Providing printed material to an applicant who personally

13 appears at a secretary of state branch office.

14 (c) Through electronic information transmittals for operator's

15 and chauffeur's licenses processed by electronic means.

16 (6) The secretary of state shall maintain a record of an

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

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

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

20 have his or her name placed on the donor registry that is obtained

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

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

23 the freedom 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 become

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

3 (8) If a person applies for a commercial learner's permit for

4 an original vehicle group designation or indorsement to operate a

5 commercial motor vehicle, the secretary of state may verify the

6 person's identity, may require proof of Michigan domicile under 49

7 CFR 383.5, and may verify the person's proof of United States

8 citizenship or proof of lawful permanent residency as required

9 under 49 CFR 383.71 and 383.73, if that information is not on the

10 person's Michigan driving record. If a person applies for a renewal

11 of an operator's or chauffeur's license to operate a commercial

12 motor vehicle, 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. If a

17 person applies for an upgrade of a vehicle group designation or

18 indorsement, the secretary of state may verify the person's

19 identity, may require proof of Michigan domicile under 49 CFR

20 383.5, and may verify the person's proof of citizenship or lawful

21 permanent residency under 49 CFR 383.71 and 383.73, if that

22 information is not on the person's Michigan driving record. The

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

24 record from all states where the applicant was previously licensed

25 to drive any type of motor vehicle over the last 10 years before

26 issuing a vehicle group designation or indorsement to the

27 applicant. If the applicant does not hold a valid commercial motor

1 vehicle driver license from a state where he or she was licensed in

2 the last 10 years, this complete driving record request must be

3 made not earlier than 24 hours before the secretary of state issues

4 the applicant a vehicle group designation or indorsement. For all

5 other drivers, this request must be made not earlier than 10 days

6 before the secretary of state issues the applicant a vehicle group

7 designation or indorsement. If the application is for the renewal

8 of a vehicle group designation or indorsement, and if the secretary

9 of state enters on the person's driving record maintained under

10 section 204a a notation that the request was made and the date of

11 the request, the secretary of state is required to request the

12 applicant's complete driving record from other states only once

13 under this section. The secretary of state shall also check the

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

15 the federal commercial driver license information system before

16 issuing that group designation or indorsement.

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

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

19 state may issue a renewal operator's or chauffeur's license for 1

20 additional ~~4-year~~ 8-year period or until the person is no longer

21 determined to be legally present under this section by mail or by

22 other methods prescribed by the secretary of state. The secretary

23 of state may check the applicant's driving record through the

24 national driver register and the commercial driver license

25 information system before issuing a license under this section. The

26 secretary of state shall issue a renewal license only in person if

27 the person is a person required under section 5a of the sex

1 offenders registration act, 1994 PA 295, MCL 28.725a, to maintain a

2 valid operator's or chauffeur's license or official state personal

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

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

5 indicate the date the license expires in the future. The department

6 of state police shall provide to the secretary of state updated

7 lists of persons required under section 5a of the sex offenders

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

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

10 identification card.

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

12 information manual to an applicant explaining how to obtain a

13 vehicle group designation or indorsement. The manual shall contain

14 the information required under 49 CFR part 383.

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

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

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

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

19 state law and rules related to this chapter.

20 (b) To carry out the purposes of section 466(a) of the social

21 security act, 42 USC 666, in connection with matters relating to

22 paternity, child support, or overdue child support.

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

24 national driver register and the commercial driver license

25 information system when issuing a license under this act.

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

27 with vital records maintained by the department of community health

1 under part 28 of the public health code, 1978 PA 368, MCL 333.2801

2 to 333.2899.

3 (e) As otherwise required by law.

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

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

6 license.

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

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

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

10 social security number.

11 (14) As required in section 10120 of the public health code,

12 1978 PA 368, MCL 333.10120, the secretary of state shall maintain

13 the donor registry in a manner that provides electronic access,

14 including, but not limited to, the transfer of data to this state's

15 federally designated organ procurement organization or its

16 successor organization, tissue banks, and eye banks, in a manner

17 that complies with that section.

18 (15) The secretary of state, with the approval of the state

19 administrative board created under 1921 PA 2, MCL 17.1 to 17.3, may

20 enter into agreements with the United States government to verify

21 whether an applicant for an operator's license or a chauffeur's

22 license under this section who is not a citizen of the United

23 States is authorized under federal law to be present in the United

24 States.

25 (16) The secretary of state shall not issue an operator's

26 license or a chauffeur's license to a person holding an operator's

27 license or chauffeur's license issued by another state without

1 confirmation that the person is terminating or has terminated the

2 operator's license or chauffeur's license issued by the other

3 state.

4 (17) The secretary of state shall do all of the following:

5 (a) Ensure the physical security of locations where operator's

6 licenses and chauffeur's licenses are produced and the security of

7 document materials and papers from which operator's licenses and

8 chauffeur's licenses are produced.

9 (b) Subject all persons authorized to manufacture or produce

10 operator's licenses or chauffeur's licenses and all persons who

11 have the ability to affect the identity information that appears on

12 operator's licenses or chauffeur's licenses to appropriate security

13 clearance requirements. The security requirements of this

14 subdivision and subdivision (a) may require that licenses be

15 manufactured or produced in this state.

16 (c) Provide fraudulent document recognition programs to

17 department of state employees engaged in the issuance of operator's

18 licenses and chauffeur's licenses.

19 (18) The secretary of state shall have electronic access to

20 prisoner information maintained by the department of corrections

21 for the purpose of verifying the identity of a prisoner who applies

22 for an operator's or chauffeur's license under subsection (1).

23 Sec. 314. (1) Except as otherwise provided in this section,

24 operator's licenses and chauffeur's licenses expire on the birthday

25 of the person to whom the license is issued in the ~~fourth~~ eighth

26 year following the date of the issuance of the license or on the

27 date the person is no longer considered to be legally present in

1 the United States under section 307, whichever is earlier, unless

2 suspended or revoked before that date. A license shall not be

3 issued for a period longer than 4 8 years. A person holding a

4 license at any time 12 months before the expiration of his or her

5 license may apply for a new license as provided for in this

6 chapter. A knowledge test for an original group designation or

7 indorsement may be taken at any time during this period and the

8 results are valid for 12 months. A license renewed under this

9 subsection shall be renewed for the time remaining on the license

10 before its renewal combined with the ~~4-year~~ 8-year renewal period.

11 (2) The first operator's license issued to a person who at the

12 time of application is less than 20-1/2 years of age expires on the

13 licensee's twenty-first birthday or on the date the person is no

14 longer considered to be legally present in the United States under

15 section 307, whichever is earlier, unless suspended or revoked.

16 (3) The first chauffeur's license issued to a person expires

17 on the licensee's birthday in the ~~fourth~~ eighth year following the

18 date of issuance or on the date the person is no longer considered

19 to be legally present in the United States under section 307,

20 whichever is earlier, unless the license is suspended or revoked

21 before that date. The chauffeur's license of a person who at the

22 time of application is less than 20-1/2 years of age expires on the

23 licensee's twenty-first birthday or on the date the person is no

24 longer considered to be legally present in the United States under

25 section 307, whichever is earlier, unless suspended or revoked. A

26 subsequent chauffeur's license expires on the birthday of the

27 person to whom the license is issued in the ~~fourth~~ eighth year

1 following the date of issuance of the license or on the date the

2 person is no longer considered to be legally present in the United

3 States under section 307, whichever is earlier, unless the license

4 is suspended or revoked before that date.

5 (4) A person may apply for an extension of his or her driving

6 privileges if he or she is out of state on the date that his or her

7 operator's or chauffeur's license expires. The extension may extend

8 the license for 180 days beyond the expiration date or not more

9 than 2 weeks after the applicant returns to Michigan, whichever

10 occurs first. This subsection does not apply to a person who fails

11 to meet the requirements of 49 CFR parts 383 and 391 with regard to

12 medical certification documentation requirements.

13 (5) The secretary of state may issue a renewal operator's or

14 chauffeur's license to a person who will be out of state for more

15 than 180 days beyond the expiration date of his or her operator's

16 or chauffeur's license, if the secretary of state has a digital

17 image of the person on file. The applicant for this renewal shall

18 submit a statement evidencing a vision examination in accordance

19 with the rules promulgated by the secretary of state under section

20 309 and any other statement required by this act or federal law. A

21 person is not eligible for consecutive renewals of a license under

22 this subsection. This subsection does not apply to a person who

23 fails to meet the requirements of 49 CFR parts 383 and 391 with

24 regard to medical certification documentation requirements, or a

25 person with a hazardous material indorsement on his or her

26 operator's or chauffeur's license.

27 (6) The secretary of state may check the applicant's driving