Bill Text: MI HB4653 | 2015-2016 | 98th Legislature | Engrossed

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Bill Title: Traffic control; driver license; access to driver license photograph of concealed weapons license holders; allow. Amends sec. 307 of 1949 PA 300 (MCL 257.307).

Spectrum: Partisan Bill (Republican 12-0)

Status: (Introduced - Dead) 2016-05-31 - Referred To Committee Of The Whole [HB4653 Detail]

Download: Michigan-2015-HB4653-Engrossed.html

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HB-4653, As Passed House, October 27, 2015

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4653

 

May 26, 2015, Introduced by Reps. Cole, Bumstead, Jenkins, Chatfield, Johnson, Lyons, Crawford, Brett Roberts, Canfield, Potvin, Pettalia and Glenn and referred to the Committee on Transportation and Infrastructure.

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 307 (MCL 257.307), as amended by 2015 PA 11.

 

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

 

 9  identity document and other sufficient documents to verify the

 

10  identity of the applicant and the applicant's legal presence in the

 

11  United States under subdivision (b). The documents required under

 1  this subsection shall include the applicant's full legal name, date

 

 2  of birth, and address and residency and demonstrate that the

 

 3  applicant is a citizen of the United States or is legally present

 

 4  in the United States. If the applicant's full legal name differs

 

 5  from the name of the applicant that appears on a document presented

 

 6  under this subsection, the applicant shall present documents to

 

 7  verify his or her current full legal name. The secretary of state

 

 8  shall accept as 1 of the required identification documents an

 

 9  identification card issued by the department of corrections to

 

10  prisoners who are placed on parole or released from a correctional

 

11  facility, containing the prisoner's legal name, photograph, and

 

12  other information identifying the prisoner as provided in section

 

13  37(4) of the corrections code of 1953, 1953 PA 232, MCL 791.237. An

 

14  application for an operator's or chauffeur's license shall be made

 

15  in a manner prescribed by the secretary of state and shall contain

 

16  all of the following:

 

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

 

18  address, height, sex, eye color, signature, intent to make an

 

19  anatomical gift, other information required or permitted on the

 

20  license under this chapter, and, only to the extent required to

 

21  comply with federal law, the applicant's social security number.

 

22  The applicant may provide a mailing address if the applicant

 

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

 

24  address.

 

25        (b) If the applicant is not a citizen of the United States,

 

26  the applicant shall provide, and the department shall verify,

 

27  documents demonstrating his or her legal presence in the United

 1  States. Nothing in this act shall obligate or be construed to

 

 2  obligate this state to comply with title II of the real ID act of

 

 3  2005, Public Law 109-13. The secretary of state may adopt rules

 

 4  under the administrative procedures act of 1969, 1969 PA 306, MCL

 

 5  24.201 to 24.328, as are necessary for the administration of this

 

 6  subdivision. A determination by the secretary of state that an

 

 7  applicant is not legally present in the United States may be

 

 8  appealed under section 631 of the revised judicature act of 1961,

 

 9  1961 PA 236, MCL 600.631.

 

10        (c) The following notice shall be included to inform the

 

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

 

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

 

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

 

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

 

15  voter file for voter registration and voting:

 

 

16                  "NOTICE: Michigan law requires that the same address

17                  be used for voter registration and driver license

18                  purposes. Therefore, if the residence address

19                  you provide in this application differs from your

20                  voter registration address as it appears on the

21                  qualified voter file, the secretary of state

22                  will automatically change your voter registration

23                  to match the residence address on this application,

24                  after which your voter registration at your former

25                  address will no longer be valid for voting purposes.

26                  A new voter registration card, containing the

27                  information of your polling place, will be provided

 1                  to you by the clerk of the jurisdiction where your

 2                  residence address is located.".

 

 

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

 

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

 

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

 

 6  type of motor vehicle during the previous 10 years.

 

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

 

 8  group designation or indorsement, the following certifications by

 

 9  the applicant:

 

10        (i) The applicant meets the applicable federal driver

 

11  qualification requirements under 49 CFR parts 383 and 391 or meets

 

12  the applicable qualifications of the department of state police

 

13  under the motor carrier safety act of 1963, 1963 PA 181, MCL 480.11

 

14  to 480.25.

 

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

 

16  28 skills tests is representative of the type of vehicle the

 

17  applicant operates or intends to operate.

 

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

 

19  United States Secretary of Transportation, or a suspension,

 

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

 

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

 

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

 

23  than 1 state or jurisdiction.

 

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

 

25  a vehicle group designation and a hazardous material indorsement

 

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

 

27  federal law.

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

 

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

 

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

 

 4  acquire equipment purchased or leased under this section under

 

 5  standard purchasing procedures of the department of technology,

 

 6  management, and budget based on standards and specifications

 

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

 

 8  not purchase or lease equipment until an appropriation for the

 

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

 

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

 

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

 

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

 

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

 

14  law enforcement purpose authorized by law.

 

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

 

16  authorized by law.

 

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

 

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

 

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

 

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

 

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

 

22        (d) By the secretary of state for forwarding to the department

 

23  of state police as provided in section 5c of 1927 PA 372, MCL

 

24  28.425c.

 

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

 

26  the 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 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).