Bill Text: MI SB0073 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Traffic control: driver license; address confidentiality program for certain victims and individuals; allow for driver license to be issued with designated address. Amends secs. 40b, 307, 310 & 314 of 1949 PA 300 (MCL 257.40b et seq.) & adds sec. 310f. TIE BAR WITH: SB 0070'19
Spectrum: Slight Partisan Bill (Democrat 8-4)
Status: (Passed) 2020-12-30 - Assigned Pa 0304'20 With Immediate Effect [SB0073 Detail]
Download: Michigan-2019-SB0073-Engrossed.html
HOUSE Substitute For
SENATE BILL NO. 73
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 40b, 307, and 310 (MCL 257.40b, 257.307, and 257.310), section 40b as amended by 2012 PA 498, section 307 as amended by 2018 PA 604, and section 310 as amended by 2020 PA 93, and by adding section 310f.
the people of the state of michigan enact:
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Sec. 40b. (1) "Personal information" means information that identifies an individual, including the individual's photograph or image, name, address (but not the zip code), driver license number, social security Social Security number, telephone number, digitized signature, and medical and disability information. Personal information does not include information on driving and equipment-
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related violations or civil infractions, driver or vehicle registration status, vehicular accidents, or other behaviorally-related information.
(2) "Highly restricted personal information" means an individual's photograph or image, social security Social Security number, digitized signature, medical and disability information, and source documents presented by an applicant to obtain an operator's or chauffeur's license under section 307(1). Highly restricted personal information also includes the confidential address of an individual certified as a program participant in the address confidentiality program under the address confidentiality program act and the emergency contact information under section 310(13). As used in this subsection, "confidential address" means that term as defined in section 3 of the address confidentiality program act.
Sec. 307. (1) If
an applicant for an operator's license or chauffeur's license to operate a
noncommercial motor vehicle is a citizen of the United States, the applicant
shall supply a photographic identity document, a birth certificate, or other
sufficient documents as the secretary of state may require, to verify the
identity and citizenship of the applicant. If an applicant for an operator's or
chauffeur's license is not a citizen of the United States, the applicant shall
supply a photographic identity document and other sufficient documents to
verify the identity of the applicant and the applicant's legal presence in the
United States under subdivision (b). The documents required under this
subsection must include the applicant's full legal name, date of birth, and
address and residency and demonstrate that the applicant is a citizen of the
United States or is legally present
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in the United
States. If the applicant's full legal name differs from the name of the
applicant that appears on a document presented under this subsection, the
applicant shall present documents to verify his or her current full legal name.
The secretary of state shall accept as 1 of the required identification
documents an identification card issued by the department of corrections to
prisoners who are placed on parole or released from a correctional facility,
containing the prisoner's legal name, photograph, and other information
identifying the prisoner as provided in section 37(4) of the corrections code
of 1953, 1953 PA 232, MCL 791.237. An application for an operator's or
chauffeur's license must be made in a manner prescribed by the secretary of
state and must contain all of the following:
(a) The
applicant's full legal name, date of birth, residence address, height, sex, eye
color, signature, intent to make an anatomical gift, other information required
or permitted on the license under this chapter, and, only to the extent
required to comply with federal law, the applicant's Social Security number.
The applicant may provide a mailing address if the applicant receives mail at
an address different from his or her residence address.
(b) If the
applicant is not a citizen of the United States, the applicant shall provide,
and the department shall verify, documents demonstrating his or her legal
presence in the United States. Nothing in this act shall obligate or be
construed to obligate this state to comply with title II of the real ID act of
2005, Public Law 109-13. The secretary of state may adopt rules under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, as
are necessary for the administration of this
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subdivision. A
determination by the secretary of state that an applicant is not legally
present in the United States may be appealed under section 631 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.631. The secretary of state shall
not issue an operator's license or a chauffeur's license to an applicant
described in this subdivision for a term that exceeds the duration of the
applicant's legal presence in the United States.
(c) The following
notice must be included to inform the applicant that under sections 509o and
509r of the Michigan election law, 1954 PA 116, MCL 168.509o and 168.509r, the
secretary of state is required to use the residence address provided on this
application as the applicant's residence address on the qualified 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.". |
(d) For an
original or renewal operator's or chauffeur's license with a vehicle group
designation or indorsement, the names
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of all states
where the applicant has been licensed to drive any type of motor vehicle during
the previous 10 years.
(e) For an
operator's or chauffeur's license with a vehicle group designation or
indorsement, the following certifications by the applicant:
(i) The applicant meets the applicable federal driver
qualification requirements under 49 CFR parts 383 and 391 or meets the
applicable qualifications of the department of state police under the motor
carrier safety act of 1963, 1963 PA 181, MCL 480.11 to 480.25.
(ii) The vehicle in which
the applicant will take the driving skills tests is representative of the type
of vehicle the applicant operates or intends to operate.
(iii) The applicant is not
subject to disqualification by the United States Secretary of Transportation,
or a suspension, revocation, or cancellation under any state law for conviction
of an offense described in section 312f or 319b.
(iv) The applicant does not
have a driver's license from more than 1 state or jurisdiction.
(f) An applicant for an operator's or chauffeur's license
with a vehicle group designation and a hazardous material indorsement shall
provide his or her fingerprints as prescribed by state and federal law.
(g) For automatic voter registration purposes under section
493a of the Michigan election law, 1954 PA 116, MCL 168.493a, a space for the
applicant to indicate on the application or change of address application
whether he or she is a citizen of the United States.
(h) A space to allow the applicant to indicate that the
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applicant declines to use the application as a voter
registration application.
(i) An applicant for
an operator's or chauffeur's license who is a program participant in the address
confidentiality program under the address confidentiality program act shall
present to the secretary of state his or her participation card issued under
the address confidentiality program act.
(2) An applicant for an operator's or chauffeur's license may
have his or her image and signature captured or reproduced when the application
for the license is made. The secretary of state shall acquire equipment
purchased or leased under this section under standard purchasing procedures of
the department of technology, management, and budget based on standards and
specifications established by the secretary of state. The secretary of state
shall not purchase or lease equipment until an appropriation for the equipment
has been made by the legislature. A digital photographic image and signature
captured under this section must appear on the applicant's operator's license
or chauffeur's license. A person's digital photographic image and signature
shall be used as follows:
(a) By a federal, state, or local governmental agency for a
law enforcement purpose authorized by law.
(b) By the secretary of state for a use specifically
authorized by law.
(c) By the secretary of state for forwarding to the
department of state police the images of persons required to be registered
under the sex offenders registration act, 1994 PA 295, MCL 28.721 to 28.736,
upon the department of state police providing the secretary of state an updated
list of the names of those persons.
(d) By the secretary of state for forwarding to the
department
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of state police as provided in section 5c of 1927 PA 372, MCL
28.425c.
(e) By the secretary of state for forwarding to the
department of licensing and regulatory affairs the images of applicants for an
official state registry identification card issued under section 6 of the
Michigan medical marihuana act, Medical Marihuana Act, 2008 IL 1, MCL 333.26426, if the
department of licensing and regulatory affairs promulgates rules requiring a
photograph as a design element for an official state registry identification
card.
(f) As necessary to comply with a law of this state or of the
United States.
(3) An application must contain a signature or verification
and certification by the applicant, as determined by the secretary of state,
and must be accompanied by the proper fee. The secretary of state shall collect
the application fee with the application. The secretary of state shall refund
the application fee to the applicant if the license applied for is denied, but
shall not refund the fee to an applicant who fails to complete the examination
requirements of the secretary of state within 90 days after the date of
application for a license.
(4) In conjunction with the application for an original or
renewal operator's license or chauffeur's license, the secretary of state shall
do all of the following:
(a) If the applicant is not a participant in the anatomical
gift donor registry program, specifically inquire, either orally or in writing,
whether the applicant wishes to participate in the anatomical gift donor
registry program under part 101 of the public health code, 1978 PA 368, MCL 333.10101
to 333.10123. If the secretary of state or an employee of the secretary of
state fails
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to inquire whether an applicant wishes to participate in the
anatomical gift donor registry program as required by this subdivision, neither
the secretary of state nor the employee is civilly or criminally liable for the
failure to make the inquiry.
(b) Provide the applicant with all of the following:
(i) Information explaining
the applicant's right to make an anatomical gift in the event of death in
accordance with section 310.
(ii) Information describing
the anatomical gift donor registry program under part 101 of the public health
code, 1978 PA 368, MCL 333.10101 to 333.10123. The information required under
this subparagraph includes the address and telephone number of Michigan's
federally designated organ procurement organization as that term is defined in
section 10102 of the public health code, 1978 PA 368, MCL 333.10102, or its
successor organization.
(iii) Information giving the
applicant the opportunity to be placed on the donor registry described in
subparagraph (ii).
(c) Provide the applicant with the opportunity to specify on
his or her operator's or chauffeur's license that he or she is willing to make
an anatomical gift in the event of death in accordance with section 310.
(d) Inform the applicant that, if he or she indicates to the
secretary of state under this section a willingness to have his or her name
placed on the donor registry described in subdivision (b)(ii), the secretary of state will mark the applicant's record
for the donor registry.
(5) The secretary of state may fulfill the requirements of
subsection (4) by 1 or more of the following methods:
(a) Providing printed material enclosed with a mailed notice
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for an operator's or chauffeur's license renewal or the
issuance of an operator's or chauffeur's license.
(b) Providing printed material to an applicant who personally
appears at a secretary of state branch office, or inquiring orally.
(c) Through electronic information transmittals for
operator's and chauffeur's licenses processed by electronic means.
(6) The secretary of state shall maintain a record of an
individual who indicates a willingness to have his or her name placed on the
donor registry described in subsection (4)(b)(ii). Information about an applicant's indication of a
willingness to have his or her name placed on the donor registry that is
obtained by the secretary of state under subsection (4) and forwarded under
subsection (14) is exempt from disclosure under section 13(1)(d) of the freedom
of information act, 1976 PA 442, MCL 15.243. The secretary of state is not
required to maintain a record of an individual who does not indicate a
willingness to have his or her name placed on the donor registry described in
subsection (4)(b)(ii) or an individual who
does not respond to an inquiry under subsection (4)(a).
(7) If an application is received from a person previously
licensed in another jurisdiction, the secretary of state shall request a copy
of the applicant's driving record and other available information from the
National Driver Register. When received, the driving record and other available
information become a part of the driver's record in this state.
(8) If a person applies for a commercial learner's permit for
an original vehicle group designation or indorsement to operate a commercial
motor vehicle, the secretary of state may verify the person's identity, may
require proof of Michigan domicile under 49
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CFR 383.5, and may verify the person's proof of United States
citizenship or proof of lawful permanent residency as required under 49 CFR
383.71 and 383.73, if that information is not on the person's Michigan driving
record. If a person applies for a renewal of an operator's or chauffeur's
license to operate a commercial motor vehicle, the secretary of state may
verify the person's identity, may require proof of Michigan domicile under 49
CFR 383.5, and may verify the person's proof of citizenship or lawful permanent
residency under 49 CFR 383.71 and 383.73, if that information is not on the
person's Michigan driving record. If a person applies for an upgrade of a
vehicle group designation or indorsement, the secretary of state may verify the
person's identity, may require proof of Michigan domicile under 49 CFR 383.5,
and may verify the person's proof of citizenship or lawful permanent residency
under 49 CFR 383.71 and 383.73, if that information is not on the person's
Michigan driving record. The secretary of state shall request the person's
complete driving record from all states where the applicant was previously
licensed to drive any type of motor vehicle over the last 10 years before
issuing a vehicle group designation or indorsement to the applicant. If the
applicant does not hold a valid commercial motor vehicle driver license from a
state where he or she was licensed in the last 10 years, this complete driving
record request must be made not earlier than 24 hours before the secretary of
state issues the applicant a vehicle group designation or indorsement. For all
other drivers, this request must be made not earlier than 10 days before the
secretary of state issues the applicant a vehicle group designation or
indorsement. If the application is for the renewal of a vehicle group
designation or indorsement, and if the secretary
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of state enters on the person's driving record maintained
under section 204a a notation that the request was made and the date of the
request, the secretary of state is required to request the applicant's complete
driving record from other states only once under this section. The secretary of
state shall also check the applicant's driving record with the National Driver
Register and the federal Commercial Driver's License Information System before
issuing that group designation or indorsement.
(9) Except for a vehicle group designation or indorsement or
as provided in this subsection or section 314(5), the secretary of state may
issue a renewal operator's or chauffeur's license for 1 additional 4-year
period or until the person is no longer determined to be legally present under
this section by mail or by other methods prescribed by the secretary of state.
The secretary of state may check the applicant's driving record through the
National Driver Register and the Commercial Driver's License Information System
before issuing a license under this section. The secretary of state shall issue
a renewal license only in person if the person is a person required under
section 5a of the sex offenders registration act, 1994 PA 295, MCL 28.725a, to
maintain a valid operator's or chauffeur's license or official state personal
identification card. If a license is renewed by mail or by other method, the
secretary of state shall issue evidence of renewal to indicate the date the
license expires in the future. The department of state police shall provide to
the secretary of state updated lists of persons required under section 5a of
the sex offenders registration act, 1994 PA 295, MCL 28.725a, to maintain a
valid operator's or chauffeur's license or official state personal
identification card.
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(10) Upon request, the secretary of state shall provide an
information manual to an applicant explaining how to obtain a vehicle group
designation or indorsement. The manual must contain the information required
under 49 CFR part 383.
(11) The secretary of state shall not disclose a Social
Security number obtained under subsection (1) to another person except for use
for 1 or more of the following purposes:
(a) Compliance with 49 USC 31301 to 31317 and regulations and
state law and rules related to this chapter.
(b) To carry out the purposes of section 466(a) of the social
security act, 42 USC 666, in connection with matters relating to paternity,
child support, or overdue child support.
(c) To check an applicant's driving record through the
National Driver Register and the Commercial Driver's License Information System
when issuing a license under this act.
(d) With the department of health and human services, for
comparison with vital records maintained by the department of health and human
services under part 28 of the public health code, 1978 PA 368, MCL 333.2801 to
333.2899.
(e) As otherwise required by law.
(12) The secretary of state shall not display a person's
Social Security number on the person's operator's or chauffeur's license.
(13) A requirement under this section to include a Social
Security number on an application does not apply to an applicant who
demonstrates that he or she is exempt under law from obtaining a Social
Security number.
(14) As required in section 10120 of the public health code,
1978 PA 368, MCL 333.10120, the secretary of state shall maintain
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the donor registry in a manner that provides electronic
access, including, but not limited to, the transfer of data to this state's
federally designated organ procurement organization or its successor
organization, tissue banks, and eye banks, in a manner that complies with that section.
(15) The secretary of state, with the approval of the state
administrative board created under 1921 PA 2, MCL 17.1 to 17.3, may enter into
agreements with the United States government to verify whether an applicant for
an operator's license or a chauffeur's license under this section who is not a
citizen of the United States is authorized under federal law to be present in
the United States.
(16) The secretary of state shall not issue an operator's
license or a chauffeur's license to a person holding an operator's license or
chauffeur's license issued by another state without confirmation that the
person is terminating or has terminated the operator's license or chauffeur's
license issued by the other state.
(17) The secretary of state shall do all of the following:
(a) Ensure the physical security of locations where
operator's licenses and chauffeur's licenses are produced and the security of
document materials and papers from which operator's licenses and chauffeur's
licenses are produced.
(b) Subject all persons authorized to manufacture or produce
operator's licenses or chauffeur's licenses and all persons who have the
ability to affect the identity information that appears on operator's licenses
or chauffeur's licenses to appropriate security clearance requirements. The
security requirements of this subdivision and subdivision (a) may require that
licenses be
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manufactured or produced in this state.
(c) Provide fraudulent document recognition programs to
department of state employees engaged in the issuance of operator's licenses
and chauffeur's licenses.
(18) The secretary of state shall have electronic access to
prisoner information maintained by the department of corrections for the
purpose of verifying the identity of a prisoner who applies for an operator's
or chauffeur's license under subsection (1).
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 must be portrait or vertical in
form and a license issued to a person 21 years of age or over must be landscape
or horizontal in form.
(2) The license
issued under subsection (1) must contain all of the following:
(a) The
distinguishing number permanently assigned to the licensee.
(b) The Except
as provided in section 310f, 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
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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, a designation that the individual is a veteran.
The designation must 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 must 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 under this chapter may appear on the license in a form prescribed by
the secretary of state.
(4) The license
must not contain a fingerprint or finger image of the licensee.
(5) A digitized
license may contain an identifier for voter registration purposes. The
digitized license may contain
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information
appearing in electronic or machine readable machine-readable codes needed to conduct a
transaction with the secretary of state. The information must 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 must not contain the driving record
or other personal identifier. The license must identify the encoded
information.
(6) The license
must 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 must 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,
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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
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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, 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 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 and, beginning
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July 1, 2021, shall allow an
operator or chauffeur that meets the requirements of subsection (21) to elect a
communication impediment designation. Emergency contact information obtained
under this subsection must 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 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 and,
beginning July 1, 2021, to view a communication impediment
designation that the holder of an operator's license has voluntarily provided
to the secretary of state.
(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
must 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,
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hospital, school,
medical group, or association interested in assisting in implementing an
emergency medical information card, but must 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, must
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) If an
operator's or chauffeur's license is issued to an individual described in
section 307(1)(b) who has temporary lawful status, the license must be issued
in compliance with 6 CFR 37.21 or in compliance with the process established to
comply with 6 CFR 37.71 by the secretary of state.
(21) An operator
or chauffeur seeking an election for a communication impediment designation
under subsection (13) shall provide to the secretary of state a certification
that meets all of the following:
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(a) Is signed by
a physician, physician assistant, certified nurse practitioner, or physical
therapist licensed to practice in this state.
(b) Identifies
the individual for whom the communication impediment designation is being
elected.
(c) Attests to
the nature of the communication impediment.
(22) A person who
intentionally makes a false statement of material fact or commits or attempts
to commit a deception or fraud on a statement described under subsection (21)
is guilty of a misdemeanor punishable by imprisonment for not more than 30 days
or a fine of not more than $500.00, or both.
(23) Subject to
subsection (24), the secretary of state may cancel or revoke a communication
impediment designation elected and maintained under this section if either of
the following circumstances applies:
(a) The secretary
of state determines that a communication impediment designation was
fraudulently or erroneously elected.
(b) The secretary
of state determines the communication impediment designation was abused during
a traffic stop.
(24) The
secretary of state shall provide the operator or chauffeur notice and an
opportunity to be heard before canceling or revoking a communication impediment
designation under subsection (23).
(25) As used in
this section:
(a)
"Communication impediment" means the operator or chauffeur has a
health condition that may impede communication with a police officer during a
traffic stop, including, but not limited to, any of the following:
(i) Deafness or hearing loss.
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(ii) An autism spectrum
disorder.
(b) "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.
(c) "Temporary lawful status" means that term as
defined in 6 CFR 37.3.
(d) "Veteran" means that term as defined in section
1 of 1965 PA 190, MCL 35.61.
Sec. 310f. (1) Upon receipt of a notice from the department of the attorney general that an individual who has been issued an operator's or chauffeur's license under this act has been certified as a program participant in the address confidentiality program, the secretary of state shall issue a corrected operator's or chauffeur's license to that individual by mailing the license to his or her designated address. An operator's or chauffeur's license issued under this section or section 310 to a program participant must display the individual's designated address and must not display the individual's residence address.
(2) An individual who is issued a corrected license under this section shall destroy his or her old license and replace it with the corrected license.
(3) An individual whose certification as a program participant in the address confidentiality program is renewed under the address confidentiality program act may renew a license issued under this section upon payment of the renewal fee under section 811.
(4) As used in this section:
(a) "Address confidentiality program" means a program as that term is defined in section 3 of the address confidentiality program
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act.
(b)
"Designated address" means that term as defined in section 3 of the
address confidentiality program act.
(c) "Program participant" means that term as defined in section 3 of the address confidentiality program act.
Enacting section 1. This amendatory act takes effect 180 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 70 of the 100th Legislature is enacted into law.
