September 27, 2005, Introduced by Reps. Lipsey, Condino, Bieda, Hoogendyk and Alma Smith and referred to the Committee on Judiciary.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 307 (MCL 257.307), as amended by 2004 PA 502.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 307. (1) An applicant for an operator's or chauffeur's
license shall supply a birth certificate attesting to his or her
age or other sufficient documents or identification as the
secretary of state may require. 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 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 shall be made in a manner
prescribed by the secretary of state and shall contain all of the
following:
(a) The applicant's full name, date of birth, residence
address, height, sex, eye color, signature, other information
required or permitted on the license under this chapter, and, 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) The following notice shall 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:
"NOTICE: Michigan law requires that the same address be used
for voter registration and driver license purposes. Therefore,
if the residence address you provide in this application
differs from your voter registration address as it appears on
the qualified voter file, the secretary of state will
automatically change your voter registration to match the
residence address on this application, after which your voter
registration at your former address will no longer be valid
for voting purposes. A new voter registration card, containing
the information of your polling place, will be provided to you
by the clerk of the jurisdiction where your residence address
is located.".
(c) For an original or renewal operator's or chauffeur's
license with a vehicle group designation or indorsement, the names
of all states where the applicant has been licensed to drive any
type of motor vehicle during the previous 10 years.
(d) 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 part 391 if the applicant
operates or intends to operate in interstate commerce or meets the
applicable qualifications under the rules promulgated by the
department of state police under the motor carrier safety act of
1963, 1963 PA 181, MCL 480.11 to 480.22, if the applicant operates
or intends to operate in intrastate commerce.
(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.
(e) An applicant for an operator's or chauffeur's license with
a vehicle group designation and a hazardous material indorsement (H
vehicle indorsement) shall provide his or her fingerprints that
were taken by a law enforcement official or a designated
representative for investigation as required by the uniting and
strengthening America by providing appropriate tools required to
intercept and obstruct terrorism (USA PATRIOT ACT) Act of 2001,
Public Law 107-56.
(2) Except as provided in this subsection, 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. An applicant 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 shall have his or her image and signature
captured or reproduced when the application for the license is
made. The secretary of state shall acquire by purchase or lease the
equipment for capturing the images and signatures and may furnish
the equipment to a local unit authorized by the secretary of state
to license drivers. The secretary of state shall acquire equipment
purchased or leased pursuant to this section under standard
purchasing procedures of the department of 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. An image and signature captured pursuant to this
section shall appear on the applicant's operator's or chauffeur's
license. Except as provided in this subsection, the secretary of
state may retain and use a person's image and signature described
in this subsection only for programs administered by the secretary
of state. Except as provided in this subsection, the secretary of
state shall not use a person's image or signature, or both, unless
the person grants written permission for that purpose to the
secretary of state or specific enabling legislation permitting the
use is enacted into law. A law enforcement agency of this state has
access to information retained by the secretary of state under this
subsection. The information may be utilized for any law enforcement
purpose unless otherwise prohibited by law. The department of state
police shall provide to the secretary of state updated lists of
persons required to be registered under the sex offenders
registration act, 1994 PA 295, MCL 28.721 to 28.732, and the
secretary of state shall make the images of those persons available
to the department of state police as provided in that act.
(3) An application shall contain a signature or verification
and certification by the applicant, as determined by the secretary
of state, and shall 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 issuance of an operator's or
chauffeur's license, the secretary of state shall do all of the
following:
(a) Provide the applicant with all of the following:
(i) Written information explaining the applicant's right to
make an anatomical gift in the event of death in accordance with
section 310.
(ii) Written information describing the organ donation registry
program maintained by Michigan's federally designated organ
procurement organization or its successor organization. The written
information required under this subparagraph shall include, in a
type size and format that is conspicuous in relation to the
surrounding material, the address and telephone number of
Michigan's federally designated organ procurement organization or
its successor organization, along with an advisory to call
Michigan's federally designated organ procurement organization or
its successor organization with questions about the organ donor
registry program.
(iii) Written information giving the applicant the opportunity
to be placed on the organ donation registry described in
subparagraph (ii).
(b) 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.
(c) Inform the applicant in writing 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 organ donor
registry described in subdivision (a)(ii), the secretary of state
will forward the applicant's name and address to the organ donation
registry maintained by Michigan's federally designated organ
procurement organization or its successor organization, as required
by subsection (6).
(d) Provide the applicant with the opportunity to make a
donation of $1.00 or more to the organ and tissue donation
education fund created under section 217o. A donation made under
this provision shall be deposited in the state treasury to the
credit of the organ and tissue donation education fund.
(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
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.
(c) Through electronic information transmittals for operator's
and chauffeur's licenses processed by electronic means.
(6) If an applicant indicates a willingness under this section
to have his or her name placed on the organ donor registry
described in subsection (4)(a)(ii), the secretary of state shall
within 10 days forward the applicant's name and address to the
organ donor registry maintained by Michigan's federally designated
organ procurement organization or its successor organization. The
secretary of state may forward information under this subsection by
mail or by electronic means. The secretary of state shall not
maintain a record of the name or address of an individual who
indicates a willingness to have his or her name placed on the organ
donor registry after forwarding that information to the organ donor
registry under this subsection. Information about an applicant's
indication of a willingness to have his or her name placed on the
organ donor registry that is obtained by the secretary of state
under subsection (4) and forwarded under this subsection is exempt
from disclosure under the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246, pursuant to section 13(1)(d) of the freedom
of information act, 1976 PA 442, MCL 15.243.
(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 an application is received for an original, renewal, or
upgrade of a vehicle group designation or indorsement, 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. The secretary of state shall also check
the applicant's driving record with the national driver register
and the federal commercial driver license information system before
issuing that group designation or indorsement. If the application
is for the renewal of a vehicle group designation or indorsement,
and if the secretary of state enters on the person's historical
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.
(9) Except for a vehicle group designation or indorsement or
as provided in this subsection, the secretary of state may issue a
renewal operator's or chauffeur's license for 1 additional 4-year
period 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 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.
(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 shall 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) Through the law enforcement information network, 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 license
information system when issuing a license under this act.
(d) 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 he or she is exempt under law from obtaining a
social security number or to an applicant who for religious
convictions is exempt under law from disclosure of his or her
social security number under these circumstances. The secretary of
state shall inform the applicant of this possible exemption.
(14) The secretary of state shall have electronic access to
prisoner biography 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).
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5230(request no.
02035'05 a) of the 93rd Legislature is enacted into law.