August 16, 2017, Introduced by Rep. Lucido and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 310 and 709 (MCL 257.310 and 257.709), section
310 as amended by 2016 PA 219 and section 709 as amended by 2010 PA
258.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 shall be portrait or vertical in
form and a license issued to a person 21 years of age or over shall
be landscape or horizontal in form.
(2) The license issued under subsection (1) shall contain all
of the following:
(a) The distinguishing number permanently assigned to the
licensee.
(b) 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
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 shall
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 shall 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. As used in this subdivision, "veteran" means that term as
defined in section 1 of 1965 PA 190, MCL 35.61.
(f) If applicable, a designation that the individual has
satisfied the requirements of section 709(3)(e) for a special
window treatment or application.
(3) Except as otherwise required under this chapter, other
information required on the license pursuant to this chapter may
appear on the license in a form prescribed by the secretary of
state.
(4) The license shall 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
information appearing in electronic or machine readable codes
needed to conduct a transaction with the secretary of state. The
information shall 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 shall not contain the driving record or other personal
identifier. The license shall identify the encoded information.
(6) The license shall 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 shall 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,
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
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. Emergency
contact information obtained under this subsection shall 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 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 that the holder of an operator's license has
voluntarily provided to the secretary of state. As used in this
subsection, "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.
(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 shall 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,
hospital, school, medical group, or association interested in
assisting in implementing an emergency medical information card,
but shall 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, shall 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.
Sec. 709. (1) A person shall not operate a motor vehicle with
any of the following:
(a)
A Subject to subdivision
(b), a sign, poster,
nontransparent material, window application, reflective film, or
nonreflective film upon or in the front windshield, the side
windows immediately adjacent to the driver or front passenger, or
the sidewings adjacent to and forward of the driver or front
passenger, except that a tinted film of any visible light
transmission may be used along the top edge of the windshield and
the side windows or sidewings immediately adjacent to the driver or
front passenger if the material does not extend more than 4 inches
from the top of the windshield, or lower than the shade band,
whichever is closer to the top of the windshield.
(b) A tinted film affixed to a side window immediately
adjacent to the driver or front passenger that extends below the
shade band and allows less than 70% visible light transmission.
(c) (b)
A rear window or side window to the
rear of the driver
composed of, covered by, or treated with a material that creates a
total solar reflectance of 35% or more in the visible light range,
including a silver or gold reflective film.
(d) (c)
An object that obstructs the vision
of the driver of
the vehicle, except as authorized by law.
(2) A person shall not drive a motor vehicle if driver
visibility through the rear window is obstructed, unless the
vehicle is equipped with 2 rearview mirrors, 1 on each side,
adjusted so that the operator has a clear view of the highway
behind the vehicle.
(3) This section does not apply to any of the following:
(a) The use of draperies, louvers, or other special window
treatments, except those specifically designated in this section,
on the rear window, or a side window to the rear of the driver if
the vehicle is equipped with 2 outside rearview mirrors, 1 on each
side, adjusted so that the driver has a clear view of the highway
behind the vehicle.
(b) The use of a nonreflective, smoked or tinted glass,
nonreflective film, perforated window screen, or other decorative
window application on the rear window or a side window to the rear
of the driver.
(c) The placement of a necessary certificate or sticker that
does not obstruct the driver's clear view of the roadway or an
intersecting roadway.
(d) A vehicle registered in another state, territory,
commonwealth of the United States, or another country or province.
(e) A special window treatment or application determined
necessary by a physician or optometrist, for the protection of a
person who is light sensitive or photosensitive, if the owner or
operator
of a motor vehicle has in possession a letter submits to
the secretary of state a form approved by the secretary of state
and signed by a physician or optometrist, indicating that the
special window treatment or application is a medical necessity.
However,
the The secretary of state
shall designate that an
individual has satisfied the requirements of this subdivision on
the individual's license as provided in section 310, and shall
enter that information into the law enforcement information
network. The special window treatment or application shall not
interfere with or obstruct the driver's clear vision of the highway
or an intersecting highway.
(4) Except as provided in subsection (5), the windshield on
each motor vehicle shall be equipped with a device for cleaning
rain, snow, or other moisture from the windshield, which device
shall be so constructed as to be controlled or operated by the
driver of the vehicle. A vehicle licensed as an historical vehicle
is exempt from this subsection if the vehicle was not originally
equipped with such a device. Each windshield wiper upon a motor
vehicle shall be maintained in good working order.
(5) A truck with a gross weight over 10,000 pounds, a truck
tractor, a bus, or a truck regardless of weight carrying hazardous
materials on which a placard is required to be posted pursuant to
49 CFR parts 100 to 199 having a windshield shall be equipped with
not less than 2 automatically operating windshield wiper blades, 1
on each side of the centerline of the windshield, for cleaning
rain, snow, or other moisture from the windshield. The blades shall
be in such condition as to provide clear vision for the driver,
unless 1 blade is so arranged as to clean an area of the windshield
extending to within 1 inch of the limit of vision through the
windshield at each side. However, in driveaway-towaway operations,
this subsection applies only to the operated vehicle. In addition,
1 windshield wiper blade suffices under this subsection when the
driven vehicle in a driveaway-towaway operation constitutes part or
all of the property being transported and has no provision for 2
blades. A truck and truck tractor, manufactured after June 30,
1953, that depends upon vacuum to operate the windshield wipers,
shall be so constructed that the operation of the wipers is not
materially impaired by change in the intake manifold pressure.
(6) A truck with a gross weight over 10,000 pounds, a truck
tractor, a bus, or a truck regardless of weight carrying hazardous
materials on which a placard is required to be posted under 49 CFR
parts 100 to 199 shall not be operated on the highways at any time
unless it is equipped with a hot air windshield defroster or an
electrically heated windshield or other device to heat and maintain
the windshield in operable condition at all times.
(7) As used in this section:
(a) "Physician" means that term as defined in section 17001 or
17501 of the public health code, 1978 PA 368, MCL 333.17001 and
333.17501.
(b) "Optometrist" means that term as defined in section 17401
of the public health code, 1978 PA 368, MCL 333.17401.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.