HOUSE BILL No. 4701
April 24, 1997, Introduced by Reps. Brater, Wallace, Martinez, Schroer, Hanley, Hale, Walberg, LaForge, Profit, Goschka, McBryde, Baird, Cherry, Tesanovich, Freeman, DeHart, Whyman, Olshove, Scott, Parks, Jellema, London, Middleton, Gire, Varga, Curtis, Leland, Emerson, Gernaat, Oxender, Kukuk, Byl, Birkholz, Schauer, Galloway, Green, Schermesser, Mans, Llewellyn, Kaza, Harder and Agee and referred to the Committee on Transportation. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 204a, 208, 217, 221, 232, and 307 (MCL 257.204a, 257.208, 257.217, 257.221, 257.232, and 257.307), sec- tion 204a as amended by 1996 PA 102, section 208 as amended by 1996 PA 471, section 217 as amended by 1996 PA 59, and section 307 as amended by 1996 PA 205. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 204a. (1) The secretary of state shall create and 2 maintain a computerized central file that provides an individual, 3 historical driving record for a person, including a nonresident, 4 with respect to all of the following: 5 (a) A license issued to the person under chapter 3. 6 (b) A conviction or civil infraction determination entered 7 against the person for a violation of this act or a local 02871'97 * VPW 2 1 ordinance substantially corresponding to a provision of this 2 act. 3 (c) A failure of the person to comply with an order or judg- 4 ment issued pursuant to section 907. 5 (d) A cancellation, denial, revocation, suspension, or 6 restriction of the person's operating privilege under this act. 7 (e) An accident in which the person is involved. 8 (f) A conviction of the person for an offense described in 9 section 319e. 10 (g) Any other information received by the secretary of state 11 regarding the person that is required to be maintained as part of 12 the person's driving record as provided by law. 13 (2) AT THE TIME OF INITIAL OR RENEWAL APPLICATION FOR AN 14 OPERATOR'S OR CHAUFFEUR'S LICENSE, THE SECRETARY OF STATE, 15 THROUGH THE APPLICATION FORM UNDER SECTION 307, SHALL INFORM A 16 PERSON OF THE RIGHT TO HAVE HIS OR HER NAME REMOVED FROM THE LIST 17 OF DRIVING RECORDS THAT MAY BE AVAILABLE FOR PURCHASE. 18 INFORMATION PERTAINING TO A PERSON WHOSE NAME IS REMOVED FROM THE 19 LIST OF DRIVING RECORDS UNDER THIS ACT SHALL BE CONFIDENTIAL AND 20 SHALL ONLY BE MADE AVAILABLE TO THE PERSON WHO HAS HAD HIS OR HER 21 NAME REMOVED, LAW ENFORCEMENT AGENCIES, AND THE SECRETARY OF 22 STATE AND SHALL REMAIN CONFIDENTIAL UNTIL THE PERSON NOTIFIES THE 23 SECRETARY OF STATE IN WRITING TO REMOVE THE INFORMATION FROM THE 24 CONFIDENTIAL FILE. 25 (3) (2) A secretary of state certified computer-generated 26 or paper copy of an order, record, or paper maintained in the 27 computerized central file of the secretary of state is admissible 02871'97 * 3 1 in evidence in the same manner as the original and is prima facie 2 proof of the contents of and the facts stated in the original. 3 (4) (3) An order, record, or paper generated by the com- 4 puterized central file of the secretary of state may be certified 5 electronically by the generating computer. The certification 6 shall be a certification of the order, record, or paper as it 7 appeared on a specific date. 8 (5) (4) A court or the office of the clerk of a court of 9 this state which is electronically connected by a terminal device 10 to the computerized central file of the secretary of state may 11 receive into and use as evidence in any case the 12 computer-generated certified information obtained by the terminal 13 device from the file. A duly authorized employee of a court of 14 record of this state may order a record for an individual from a 15 secretary of state computer terminal device located in, and under 16 the control of, the court, and certify in writing that the docu- 17 ment was produced from the terminal and that the document was not 18 altered in any way. 19 Sec. 208. (1) Records of the department, other than those 20 declared by law to be confidential for the department's use AND 21 THOSE SPECIFICALLY DESIGNATED AS CONFIDENTIAL BY AN INDIVIDUAL 22 UNDER SECTION 204A OR 221, shall be open to public inspection 23 under rules the secretary of state promulgates, pursuant to sec- 24 tion 3 of the freedom of information act, Act No. 442 of the 25 Public Acts of 1976, being section 15.233 of the Michigan 26 Compiled Laws 1976 PA 442, MCL 15.233. 02871'97 * 4 1 (2) Except as otherwise specified in this section, the 2 secretary of state may destroy any department records maintained 3 on file for 7 years, including the information contained in the 4 central file maintained under section 204a. 5 (3) Records of convictions of any offense for which points 6 are provided under section 320a(1)(a), (b), (c), or (g) or sec- 7 tion 320a(8) may be destroyed after being maintained on file for 8 10 years. 9 (4) Records of stolen vehicles reported in section 253 may 10 be destroyed after being maintained on file for the year of entry 11 plus 4 years. 12 (5) Except as otherwise specified in this act, records the 13 secretary of state considers obsolete and of no further service 14 in carrying out the department's powers and duties may be 15 destroyed upon that determination. 16 (6) If a record of suspension under section 321a does not 17 contain a conviction for a violation of section 904 or a local 18 ordinance substantially corresponding to section 904 during the 19 period of suspension, the secretary of state may destroy the 20 record 180 days after the suspension terminates or as provided in 21 subsections (2) to (5). 22 (7) The secretary of state may destroy a record of receipt 23 of the notice provided for in section 321a(6) after the court 24 involved informs the secretary of state that all outstanding mat- 25 ters regarding section 321a(6) have been resolved. 26 (8) The secretary of state may destroy a record maintained 27 pursuant to section 204a 180 days after the nonresident driver 02871'97 * 5 1 against whom a civil infraction determination is entered complies 2 with an order or judgment issued pursuant to section 907. 3 Sec. 217. (1) An owner of a vehicle subject to registration 4 under this act shall apply to the secretary of state, upon an 5 appropriate form furnished by the secretary of state, for the 6 registration of the vehicle and issuance of a certificate of 7 title for the vehicle. Effective January 1, 1994, a vehicle 8 brought into this state from another state or jurisdiction that 9 has a rebuilt, salvage, scrap, or comparable certificate of title 10 issued by that other state or jurisdiction shall be issued a 11 rebuilt, salvage, or scrap certificate of title by the secretary 12 of state. The application shall be accompanied by the required 13 fee. An application for a certificate of title shall bear the 14 signature of the owner written with pen and ink. The application 15 shall contain all of the following: 16 (a) The name, bona fide residence, and mailing address of 17 the owner or business address of a firm, association, or 18 corporation. 19 (b) A description of the vehicle including the make or name, 20 style of body, and model year; if the vehicle is a motor vehicle, 21 the number of miles, not including the tenths of a mile, regis- 22 tered on the vehicle's odometer at the time of transfer; whether 23 the vehicle is to be or has been used as a taxi or police vehi- 24 cle, or by a political subdivision of this state; whether the 25 vehicle has previously been issued a salvage or rebuilt certifi- 26 cate of title from this state or a comparable certificate of 27 title from any other state or jurisdiction; vehicle 02871'97 * 6 1 identification number; and the vehicle's weight fully equipped, 2 if a passenger vehicle registered pursuant to section 801(1)(a), 3 and, if a trailer coach or pickup camper, in addition to the 4 weight the manufacturer's serial number, or in the absence of the 5 serial number, a number assigned by the secretary of state. A 6 number assigned by the secretary of state shall be permanently 7 placed on the trailer coach or pickup camper in the manner and 8 place designated by the secretary of state. 9 (c) A statement of the applicant's title and the names and 10 addresses of the holders of security interests in the vehicle and 11 in an accessory to the vehicle, in the order of their priority. 12 (D) A STATEMENT THAT THE INFORMATION PROVIDED UNDER THIS 13 FORM IS NOT CONFIDENTIAL, AND THAT THE PERSON MAY HAVE HIS OR HER 14 NAME REMOVED FROM THE LIST OF MOTOR VEHICLE REGISTRATIONS AVAIL- 15 ABLE FOR PURCHASE BY CHECKING THE BOX PROVIDED FOR THIS PURPOSE. 16 (E) (d) Further information that the secretary of state 17 reasonably requires to enable the secretary of state to determine 18 whether the vehicle is lawfully entitled to registration and the 19 owner entitled to a certificate of title. If the secretary of 20 state is not satisfied as to the ownership of a late model vehi- 21 cle or other vehicle having a value over $2,500.00, before regis- 22 tering the vehicle and issuing a certificate of title, the secre- 23 tary of state may require the applicant to file a properly exe- 24 cuted surety bond in a form prescribed by the secretary of state 25 and executed by the applicant and a company authorized to conduct 26 a surety business in this state. The bond shall be in an amount 27 equal to twice the value of the vehicle as determined by the 02871'97 * 7 1 secretary of state and shall be conditioned to indemnify or 2 reimburse the secretary of state, any prior owner, and any subse- 3 quent purchaser of the vehicle and their successors in interest 4 against any expense, loss, or damage, including reasonable 5 attorney's fees, by reason of the issuance of a certificate of 6 title to the vehicle or on account of any defect in the right, 7 title, or interest of the applicant in the vehicle. An inter- 8 ested person has a right of action to recover on the bond for a 9 breach of the conditions of the bond, but the aggregate liability 10 of the surety to all persons shall not exceed the amount of the 11 bond. The bond shall be returned at the end of 3 years, or 12 before 3 years if the vehicle is no longer registered in this 13 state and the currently valid certificate of title is surrendered 14 to the secretary of state, unless the secretary of state has 15 received notification of the pendency of an action to recover on 16 the bond. If the secretary of state is not satisfied as to the 17 ownership of a vehicle that is not a late model vehicle and whose 18 value does not exceed $2,500.00, the secretary of state shall 19 require the applicant to certify that the applicant is the owner 20 of the vehicle and entitled to register and title the vehicle. 21 (F) (e) Except as provided in subdivision (f) (G), an 22 application for a commercial vehicle shall also have attached a 23 scale weight receipt of the motor vehicle fully equipped as of 24 the time the application is made. A scale weight receipt may not 25 be necessary if there is presented with the application a regis- 26 tration receipt of the previous year that shows on its face the 27 empty weight of the motor vehicle as registered with the 02871'97 * 8 1 secretary of state that is accompanied by a statement of the 2 applicant that there has not been structural change in the motor 3 vehicle which has increased the empty weight and that the previ- 4 ous registered weight is the true weight. 5 (G) (f) An application for registration of a vehicle on 6 the basis of elected gross weight shall include a declaration by 7 the applicant specifying the elected gross weight for which 8 application is being made. 9 (H) (g) If the application is for a certificate of title 10 of a motor vehicle registered pursuant to section 801(1)(q), the 11 application shall include the manufacturer's suggested base list 12 price for the model year of the vehicle. Annually, the secretary 13 of state shall publish a list of the manufacturer's suggested 14 base list price for each vehicle being manufactured. Once a base 15 list price is published by the secretary of state for a model 16 year for a vehicle, the base list price shall not be affected by 17 subsequent increases in the manufacturer's suggested base list 18 price but shall remain the same throughout the model year unless 19 changed in the annual list published by the secretary of state. 20 If the secretary of state's list has not been published for that 21 vehicle by the time of the application for registration, the base 22 list price shall be the manufacturer's suggested retail price as 23 shown on the label required to be affixed to the vehicle under 24 section 3 of the automobile information disclosure act, Public 25 Law 85-506, 15 U.S.C. 1232. If the manufacturer's suggested 26 retail price is unavailable, the application shall list the 27 purchase price of the vehicle as defined in section 801(4). 02871'97 * 9 1 (2) A dealer selling or exchanging vehicles required to be 2 titled, within 15 days after delivering a vehicle to the purchas- 3 er, and a person engaged in the sale of vessels required to be 4 numbered by part 801 (marine safety) of the natural resources 5 and environmental protection act, Act No. 451 of the Public Acts 6 of 1994, being sections 324.80101 to 324.80199 of the Michigan 7 Compiled Laws 1994 PA 451, MCL 324.80101 TO 324.80199, within 15 8 days after delivering a boat trailer weighing less than 2,500 9 pounds to the purchaser, shall apply to the secretary of state 10 for a new title, if required, and transfer or secure registration 11 plates and secure a certificate of registration for the vehicle 12 or boat trailer, in the name of the purchaser. The dealer's 13 license may be suspended or revoked as provided in section 249 14 for failure to apply for a title when required or for failure to 15 transfer or secure registration plates and certificate of regis- 16 tration within the 15 days required by this section. If the 17 dealer or person fails to apply for a title when required, and to 18 transfer or secure registration plates and secure a certificate 19 of registration and pay the required fees within 15 days of 20 delivery of the vehicle or boat trailer, a title and registration 21 for the vehicle or boat trailer may subsequently be acquired only 22 upon the payment of a transfer fee of $15.00 in addition to the 23 fees provided for in section 806. The purchaser of the vehicle 24 or boat trailer shall sign the application, including, when 25 applicable, the declaration specifying the maximum elected gross 26 weight, as required by subsection (1)(f) (1)(G), and other 27 necessary papers to enable the dealer or person to secure the 02871'97 * 10 1 title, registration plates, and transfers from the secretary of 2 state. 3 (3) If a vehicle is delivered to a purchaser who has valid 4 Michigan registration plates that are to be transferred to the 5 vehicle, and an application for title, if required, and registra- 6 tion for the vehicle is not made before delivery of the vehicle 7 to the purchaser, the registration plates shall be affixed to the 8 vehicle immediately, and the dealer shall provide the purchaser 9 with an instrument in writing, on a form prescribed by the secre- 10 tary of state, which shall serve as a temporary registration for 11 the vehicle for a period of 15 days from the date the vehicle is 12 delivered. 13 (4) An application for a certificate of title that indicates 14 the existence of a security interest in the vehicle or in an 15 accessory to the vehicle, if requested by the security interest 16 holder, shall be accompanied by a copy of the security agreement 17 which need not be signed. The request may be made of the seller 18 on an annual basis. The secretary of state shall indicate on the 19 copy the date and place of filing of the application and return 20 the copy to the person submitting the application who shall for- 21 ward it to the holder of the security interest named in the 22 application. 23 (5) If the seller does not prepare the credit information, 24 contract note, and mortgage, and the holder, finance company, 25 credit union, or banking institution requires the installment 26 seller to record the lien on the title, the holder, finance 27 company, credit union, or banking institution shall pay the 02871'97 * 11 1 seller a service fee of not more than $10.00. The service fee 2 shall be paid from the finance charges and shall not be charged 3 to the buyer in addition to the finance charges. The holder, 4 finance company, credit union, or banking institution shall issue 5 its check or bank draft for the principal amount financed, pay- 6 able jointly to the buyer and seller, and there shall be 7 imprinted on the back side of the check or bank draft the 8 following: 9 "Under Michigan law, the seller must record a first lien in 10 favor of (name of lender) _______________ on the vehicle with 11 vehicle identification number _______________ and title the vehi- 12 cle only in the name(s) shown on the reverse side." On the front 13 of the sales check or draft, the holder, finance company, credit 14 union, or banking institution shall note the name(s) of the pro- 15 spective owner(s). Failure of the holder, finance company, 16 credit union, or banking institution to comply with these 17 requirements frees the seller from any obligation to record the 18 lien or from any liability that may arise as a result of the 19 failure to record the lien. A service fee shall not be charged 20 to the buyer. 21 (6) In the absence of actual malice proved independently and 22 not inferred from lack of probable cause, a person who in any 23 manner causes a prosecution for larceny of a motor vehicle; for 24 embezzlement of a motor vehicle; for any crime an element of 25 which is the taking of a motor vehicle without authority; or for 26 buying, receiving, possessing, or aiding in the concealment of a 27 stolen, embezzled, or converted motor vehicle knowing the motor 02871'97 * 12 1 vehicle has been stolen, embezzled, or converted, is not liable 2 for damages in a civil action for causing the prosecution. This 3 subsection shall not be construed to relieve a person from prov- 4 ing any other element necessary to sustain his or her cause of 5 action. 6 Sec. 221. (1) The secretary of state shall file all appli- 7 cations for registration of motor vehicles in his OR HER office 8 and keep a complete and accurate record of the facts appearing 9 therein together with a numerical list of the license numbers 10 assigned to each vehicle. Such EXCEPT AS OTHERWISE PROVIDED IN 11 SUBSECTION (2), SUCH records shall be open to inspection under 12 such rules and regulations as the secretary of state may 13 prescribe PROMULGATE and shall be preserved for a period of 3 14 years after the date of registration. 15 (2) AT THE TIME OF INITIAL OR RENEWAL REGISTRATION OF A 16 MOTOR VEHICLE, THE SECRETARY OF STATE, THROUGH THE APPLICATION 17 FOR INITIAL OR RENEWAL OF REGISTRATION FORM UNDER SECTION 217, 18 SHALL INFORM A PERSON OF THE RIGHT TO HAVE HIS OR HER NAME 19 REMOVED FROM THE LIST OF MOTOR VEHICLE REGISTRATIONS THAT MAY BE 20 AVAILABLE FOR PURCHASE UNDER SECTION 232. INFORMATION PERTAINING 21 TO A PERSON WHOSE NAME IS REMOVED FROM THE LIST OF MOTOR VEHICLE 22 REGISTRATIONS UNDER THIS ACT SHALL BE CONFIDENTIAL AND SHALL ONLY 23 BE MADE AVAILABLE TO THE PERSON WHO HAS HAD HIS OR HER NAME 24 REMOVED, LAW ENFORCEMENT AGENCIES, AND THE SECRETARY OF STATE AND 25 SHALL REMAIN CONFIDENTIAL UNTIL THE PERSON NOTIFIES THE SECRETARY 26 OF STATE IN WRITING TO REMOVE THE INFORMATION FROM THE 27 CONFIDENTIAL FILE. 02871'97 * 13 1 Sec. 232. (1) The secretary of state shall furnish to 2 chiefs of police in cities of an estimated population of 10,000 3 or more and to sheriffs of counties, a list of the motor vehicle 4 registrations and such information relating thereto as may be 5 necessary. The SUBJECT TO SECTION 221, THE secretary of state 6 is hereby authorized to MAY sell any surplus lists he may 7 publish PUBLISHED BY THE SECRETARY OF STATE, and fix a reason- 8 able price therefor. , the THE proceeds of FROM such sales 9 to be added to the state highway fund provided for herein SHALL 10 BE CREDITED TO THE MICHIGAN TRANSPORTATION FUND. 11 (2) The SUBJECT TO SECTION 221, THE secretary of state is 12 hereby authorized to MAY sell, or contract for the sale of, any 13 motor vehicle registration lists in addition to those distributed 14 at no cost under this section and to sell or furnish any other 15 information from the records of the department pertaining to the 16 sale, ownership, and operation of motor vehicles. The secretary 17 of state shall fix a reasonable price or charge for the sale of 18 such lists or other information. and the THE proceeds 19 therefrom FROM THE SALES shall be added CREDITED to the 20 state highway MICHIGAN TRANSPORTATION fund. provided for 21 herein. 22 Sec. 307. (1) An application for an operator's or 23 chauffeur's license shall be made in a manner prescribed by the 24 secretary of state and shall contain all of the following: 25 (a) For an operator's or chauffeur's license, full name, 26 date of birth, address of residence, height, sex, eye color, and 02871'97 * 14 1 signature of the applicant, and other information required or 2 permitted on the license pursuant to this chapter. 3 (B) FOR AN OPERATOR'S OR CHAUFFEUR'S LICENSE, A STATEMENT 4 THAT THE INFORMATION PROVIDED UNDER THIS FORM IS NOT CONFIDEN- 5 TIAL, AND THAT THE PERSON MAY HAVE HIS OR HER NAME REMOVED FROM 6 THE LIST OF DRIVING RECORDS THAT ARE AVAILABLE FOR PURCHASE BY 7 CHECKING THE BOX PROVIDED FOR THIS PURPOSE. 8 (C) (b) For an operator's or chauffeur's license with a 9 vehicle group designation or indorsement, full name, social 10 security number, date of birth, address of residence, height, 11 sex, and signature of the applicant, and other information 12 required or permitted on the license pursuant to this chapter. 13 (D) (c) For an operator's or chauffeur's license with a 14 vehicle group designation or indorsement, the following certifi- 15 cations made by the applicant: 16 (i) That the applicant meets the applicable federal physical 17 driver qualification requirements pursuant to 49 C.F.R. part 391 18 if the applicant operates or intends to operate in interstate 19 commerce or meets the applicable physical qualifications pursuant 20 to the rules promulgated by the department of state police under 21 the motor carrier safety act of 1963, Act No. 181 of the Public 22 Acts of 1963, being sections 480.11 to 480.21 of the Michigan 23 Compiled Laws 1963 PA 181, MCL 480.11 TO 480.21, if the appli- 24 cant operates or intends to operate in intrastate commerce. 25 (ii) That the vehicle in which the applicant will take the 26 driving skills tests is representative of the type of vehicle the 27 applicant operates or intends to operate. 02871'97 * 15 1 (iii) That the applicant has not been convicted of an 2 offense as described in section 312f or 319b. 3 (iv) That the applicant does not have a driver's license 4 from more than 1 state. 5 (E) (d) For an operator's or chauffeur's license with a 6 vehicle group designation or indorsement and for which the appli- 7 cant claims a waiver of the driving test as provided in 8 section 312f, the following additional certifications made by the 9 applicant concerning the 2-year period immediately before 10 application: 11 (i) That the applicant has not had more than 1 license. 12 (ii) That the applicant has not had any license suspended, 13 revoked, or canceled. 14 (iii) That the applicant has not been convicted of any 15 offense described in section 319b while operating a motor 16 vehicle. 17 (iv) That the applicant has not been convicted of a moving 18 violation under state or local law relating to motor vehicle 19 traffic control arising in connection with a traffic accident. 20 (v) That the applicant is regularly employed in a job 21 requiring the operation of a commercial motor vehicle. 22 (vi) That the applicant qualifies under either of the 23 following: 24 (A) Has passed a behind-the-wheel driving test given by a 25 state with a commercial motor vehicle driver licensing and test- 26 ing system and taken in a representative vehicle for that 27 applicant's driver's license vehicle group designation. 02871'97 * 16 1 (B) Has operated, for at least 2 years immediately preceding 2 application, a vehicle representative of the commercial motor 3 vehicle group or passenger vehicle for which he or she is 4 applying. Evidence shall be provided by the applicant's employer 5 or by the applicant if self-employed. 6 (2) An applicant for an operator's or chauffeur's license 7 may have his or her image captured or reproduced at the time the 8 application for the license is made. The secretary of state 9 shall acquire by purchase or lease the equipment for capturing 10 the images and may furnish the equipment to a local unit autho- 11 rized by the secretary of state to license drivers. The secre- 12 tary of state shall acquire equipment purchased or leased pursu- 13 ant to this section under standard purchasing procedures of the 14 department of management and budget based on standards and speci- 15 fications established by the secretary of state. The secretary 16 of state shall not purchase or lease equipment until an appropri- 17 ation for the equipment has been made by the legislature. An 18 image captured pursuant to this section shall appear on the 19 applicant's operator's or chauffeur's license. The secretary of 20 state may retain and use a person's image described in this sub- 21 section only for programs administered by the secretary of 22 state. Except as provided in this subsection, the secretary of 23 state shall not use a person's image unless written permission 24 for that purpose is granted by the person to the secretary of 25 state or specific enabling legislation permitting the use is 26 enacted into law. A law enforcement agency of this state shall 27 have access to any information retained by the secretary of state 02871'97 * 17 1 under this subsection. The information may be utilized for any 2 law enforcement purpose unless otherwise prohibited by law. 3 (3) An application shall contain a signature and certifica- 4 tion by the applicant and shall be accompanied by the proper 5 fee. The examiner shall collect the application fee and shall 6 forward the fee to the secretary of state with the application. 7 The secretary of state shall refund the application fee to the 8 applicant if the license applied for is denied, but shall not 9 refund the fee to an applicant who fails to complete the examina- 10 tion requirements of the secretary of state within 90 days after 11 the date of application for a license. Until January 1, 2002, a 12 service fee of $1.00 shall be added to each fee collected for an 13 original, renewal, duplicate, or corrected operator's or 14 chauffeur's license. The service fee received and collected 15 under this subsection shall be deposited in the state treasury to 16 the credit of the general fund. The service fee shall be used to 17 defray the expenses of the secretary of state. Appropriations 18 from the Michigan transportation fund shall not be used to com- 19 pensate the secretary of state for costs incurred and services 20 performed under this section. 21 (4) If an application is received from a person previously 22 licensed in another jurisdiction, the secretary of state shall 23 request a copy of the applicant's driving record and other avail- 24 able information from the other jurisdiction. When received, the 25 driving record and other available information from the other 26 jurisdiction becomes a part of the driver's record in this state 27 with the same force and effect as if it had been entered on the 02871'97 * 18 1 driver's record in this state in the original instance. If the 2 application is for an original, renewal, or change of a vehicle 3 group designation or indorsement, the secretary of state shall 4 also check the applicant's driving record with the national driv- 5 ers register and the United States department of transportation 6 before issuance of that group designation or indorsement. 7 (5) Except for a vehicle group designation or indorsement, 8 the secretary of state may issue a renewal operator's or 9 chauffeur's license for 1 additional 4-year period by mail or by 10 other methods prescribed by the secretary of state. The secre- 11 tary of state shall issue a renewal license only in person when 12 the licensee has a driving record with a conviction or civil 13 infraction determination obtained in the 48 months preceding 14 renewal. However, the secretary of state shall not refuse to 15 issue a renewal license by mail or by other method because of a 16 conviction or civil infraction determination for which fines and 17 costs were waived pursuant to section 901a or section 907. If a 18 license is renewed by mail or by other method, the secretary of 19 state shall issue evidence of renewal to indicate the date the 20 license expires in the future. 21 (6) Upon request, the secretary of state shall provide an 22 information manual to an applicant explaining how to obtain a 23 vehicle group designation or indorsement. The manual shall con- 24 tain the information required pursuant to 49 C.F.R. part 383. 02871'97 * Final page. VPW