HOUSE BILL No. 4869

 

June 7, 2005, Introduced by Reps. Baxter, Taub, Gosselin, Sheltrown, Hoogendyk, Murphy, Marleau, Schuitmaker, Bieda and Nitz and referred to the Committee on Transportation.

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 303, 307, 310, and 314 (MCL 257.303,

 

257.307, 257.310, and 257.314), sections 303 and 314 as amended

 

by 2004 PA 362, section 307 as amended by 2004 PA 502, and

 

section 310 as amended by 2004 PA 495, and by adding sections

 

310f and 310g.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 303. (1) The secretary of state shall not issue a

 

 2  license under this act to any of the following persons:

 

 3        (a) A person, as an operator, who is less than 18 years of

 

 4  age, except as otherwise provided in this act.

 

 5        (b) A person, as a chauffeur, who is less than 18 years of


 

 1  age, except as otherwise provided in this act.

 

 2        (c) A person whose license is suspended, revoked, denied, or

 

 3  canceled in any state. If the suspension, revocation, denial, or

 

 4  cancellation is not from the jurisdiction that issued the last

 

 5  license to the person, the secretary of state may issue a license

 

 6  after the expiration of 5 years from the effective date of the

 

 7  most recent suspension, revocation, denial, or cancellation.

 

 8        (d) A person who in the opinion of the secretary of state is

 

 9  afflicted with or suffering from a physical or mental disability

 

10  or disease preventing that person from exercising reasonable and

 

11  ordinary control over a motor vehicle while operating the motor

 

12  vehicle upon the highways.

 

13        (e) A person who is unable to understand highway warning or

 

14  direction signs in the English language.

 

15        (f) A person who is unable to pass a knowledge, skill, or

 

16  ability test administered by the secretary of state in connection

 

17  with the issuance of an original operator's or chauffeur's

 

18  license, original motorcycle indorsement, or an original or

 

19  renewal of a vehicle group designation or vehicle indorsement.

 

20        (g) A person who has been convicted of, has received a

 

21  juvenile disposition for, or has been determined responsible for

 

22  2 or more moving violations under a law of this state, a local

 

23  ordinance substantially corresponding to a law of this state, or

 

24  a law of another state substantially corresponding to a law of

 

25  this state within the preceding 3 years, if the violations

 

26  occurred before issuance of an original license to the person in

 

27  this or another state.


 

 1        (h) A nonresident including a foreign exchange student,

 

 2  subject to section 310f.

 

 3        (i) A person who has failed to answer a citation or notice

 

 4  to appear in court or for any matter pending or fails to comply

 

 5  with an order or judgment of the court, including, but not

 

 6  limited to, paying all fines, costs, fees, and assessments, in

 

 7  violation of section 321a, until that person answers the citation

 

 8  or notice to appear in court or for any matter pending or

 

 9  complies with an order or judgment of the court, including, but

 

10  not limited to, paying all fines, costs, fees, and assessments,

 

11  as provided under section 321a.

 

12        (j) A person not licensed under this act who has been

 

13  convicted of, has received a juvenile disposition for, or has

 

14  been determined responsible for a crime or civil infraction

 

15  described in section 319, 324, or 904. A person shall be denied a

 

16  license under this subdivision for the length of time

 

17  corresponding to the period of the licensing sanction that would

 

18  have been imposed under section 319, 324, or 904 if the person

 

19  had been licensed at the time of the violation.

 

20        (k) A person not licensed under this act who has been

 

21  convicted of or received a juvenile disposition for committing a

 

22  crime described in section 319e. A person shall be denied a

 

23  license under this subdivision for the length of time that

 

24  corresponds to the period of the licensing sanction that would

 

25  have been imposed under section 319e if the person had been

 

26  licensed at the time of the violation.

 

27        (l) A person not licensed under this act who is determined to


 

 1  have violated section 33b(1) of former 1933 (Ex Sess) PA 8,

 

 2  section 703(1) of the Michigan liquor control code of 1998, 1998

 

 3  PA 58, MCL 436.1703, or section 624a or 624b of this act. The

 

 4  person shall be denied a license under this subdivision for a

 

 5  period of time that corresponds to the period of the licensing

 

 6  sanction that would have been imposed under those sections had

 

 7  the person been licensed at the time of the violation.

 

 8        (m) A person who is not a citizen of the United States,

 

 9  subject to section 310f.

 

10        (2) The secretary of state may deny issuance of an

 

11  operator's license until the age of 17 to a person not licensed

 

12  under this act who was convicted of or received a juvenile

 

13  disposition for violating or attempting to violate section

 

14  411a(2) of the Michigan penal code, 1931 PA 328, MCL 750.411a,

 

15  involving a school when he or she was less than 14 years of age.

 

16  A person not issued a license under this  subdivision  subsection

 

17  is not eligible to begin graduated licensing training until he or

 

18  she attains 16 years of age.

 

19        (3) The secretary of state may deny issuance of an

 

20  operator's license to a person less than 21 years of age not

 

21  licensed under this act who was convicted of or has received a

 

22  juvenile disposition for violating or attempting to violate

 

23  section 411a(2) of the Michigan penal code, 1931 PA 328, MCL

 

24  750.411a, involving a school when he or she was 14 years of age

 

25  or older, until 3 years after the date of the conviction or

 

26  juvenile disposition. A person not issued a license under this  

 

27  subdivision  subsection is not eligible to begin graduated


 

 1  licensing training or otherwise obtain an original operator's or

 

 2  chauffeur's license until 3 years after the date of the

 

 3  conviction or juvenile disposition.

 

 4        (4) The secretary of state shall deny issuance of a vehicle

 

 5  group designation to a person if the person has been disqualified

 

 6  by the United States secretary of transportation from operating a

 

 7  commercial motor vehicle.

 

 8        (5) Upon receiving the appropriate records of conviction,

 

 9  the secretary of state shall revoke the operator's or chauffeur's

 

10  license of a person and deny issuance of an operator's or

 

11  chauffeur's license to a person having any of the following,

 

12  whether under a law of this state, a local ordinance

 

13  substantially corresponding to a law of this state, or a law of

 

14  another state substantially corresponding to a law of this state:

 

15        (a) Any combination of 2 convictions within 7 years for

 

16  reckless driving in violation of section 626.

 

17        (b) Any combination of 2 or more convictions within 7 years

 

18  for any of the following:

 

19        (i) A felony in which a motor vehicle was used.

 

20        (ii) A violation or attempted violation of section 601b(2) or

 

21  (3), section 601c(1) or (2), section 602a(4) or (5), section 617,

 

22  section 653a(3) or (4), or section 904(4) or (5).

 

23        (iii) Negligent homicide, manslaughter, or murder resulting

 

24  from the operation of a vehicle or an attempt to commit any of

 

25  those crimes.

 

26        (iv) A violation or attempted violation of section 479a(4) or

 

27  (5) of the Michigan penal code, 1931 PA 328, MCL 750.479a.


 

 1        (c) Any combination of 2 convictions within 7 years for any

 

 2  of the following or a combination of 1 conviction for a violation

 

 3  or attempted violation of section 625(6) and 1 conviction for any

 

 4  of the following within 7 years:

 

 5        (i) A violation or attempted violation of section 625, except

 

 6  a violation of section 625(2), or a violation of any prior

 

 7  enactment of section 625 in which the defendant operated a

 

 8  vehicle while under the influence of intoxicating or alcoholic

 

 9  liquor or a controlled substance, or a combination of

 

10  intoxicating or alcoholic liquor and a controlled substance, or

 

11  while visibly impaired, or with an unlawful bodily alcohol

 

12  content.

 

13        (ii) A violation or attempted violation of section 625m.

 

14        (iii) Former section 625b.

 

15        (d) One conviction for a violation or attempted violation of

 

16  section 315(5), section 601b(3), section 601c(2), section 602a(4)

 

17  or (5), section 617, section 625(4) or (5), section 653a(4), or

 

18  section 904(4) or (5).

 

19        (e) One conviction of negligent homicide, manslaughter, or

 

20  murder resulting from the operation of a vehicle or an attempt to

 

21  commit any of those crimes.

 

22        (f) One conviction for a violation or attempted violation of

 

23  section 479a(4) or (5) of the Michigan penal code, 1931 PA 328,

 

24  MCL 750.479a.

 

25        (g) Any combination of 3 convictions within 10 years for any

 

26  of the following or 1 conviction for a violation or attempted

 

27  violation of section 625(6) and any combination of 2 convictions


 

 1  for any of the following within 10 years, if any of the

 

 2  convictions resulted from an arrest on or after January 1, 1992:

 

 3        (i) A violation or attempted violation of section 625, except

 

 4  a violation of section 625(2), or a violation of any prior

 

 5  enactment of section 625 in which the defendant operated a

 

 6  vehicle while under the influence of intoxicating or alcoholic

 

 7  liquor or a controlled substance, or a combination of

 

 8  intoxicating or alcoholic liquor and a controlled substance, or

 

 9  while visibly impaired, or with an unlawful bodily alcohol

 

10  content.

 

11        (ii) A violation or attempted violation of section 625m.

 

12        (iii) Former section 625b.

 

13        (6) The secretary of state shall revoke a license under

 

14  subsection (5) notwithstanding a court order unless the court

 

15  order complies with section 323.

 

16        (7) The secretary of state shall not issue a license under

 

17  this act to a person whose license has been revoked under this

 

18  act or revoked and denied under subsection (5) until all of the

 

19  following occur, as applicable:

 

20        (a) The later of the following:

 

21        (i) The expiration of not less than 1 year after the license

 

22  was revoked or denied.

 

23        (ii) The expiration of not less than 5 years after the date

 

24  of a subsequent revocation or denial occurring within 7 years

 

25  after the date of any prior revocation or denial.

 

26        (b) For a denial under subsection (5)(a), (b), (c), and (g),

 

27  the person rebuts by clear and convincing evidence the


 

 1  presumption resulting from the prima facie evidence that he or

 

 2  she is a habitual offender. The convictions that resulted in the

 

 3  revocation and denial constitute prima facie evidence that he or

 

 4  she is a habitual offender.

 

 5        (c) The person meets the requirements of the department.

 

 6        (8) Multiple convictions or civil infraction determinations

 

 7  resulting from the same incident shall be treated as a single

 

 8  violation for purposes of denial or revocation of a license under

 

 9  this section.

 

10        (9) As used in this section, "felony in which a motor

 

11  vehicle was used" means a felony during the commission of which

 

12  the person operated a motor vehicle and while operating the

 

13  vehicle presented real or potential harm to persons or property

 

14  and 1 or more of the following circumstances existed:

 

15        (a) The vehicle was used as an instrument of the felony.

 

16        (b) The vehicle was used to transport a victim of the

 

17  felony.

 

18        (c) The vehicle was used to flee the scene of the felony.

 

19        (d) The vehicle was necessary for the commission of the

 

20  felony.

 

21        Sec. 307. (1) An applicant for an operator's or chauffeur's

 

22  license shall supply a birth certificate attesting to his or her

 

23  age or  name and date of birth and other sufficient documents or

 

24  identification as the secretary of state may require

 

25  demonstrating his or her address and residency and that the

 

26  applicant is a citizen of the United States, is an alien lawfully

 

27  admitted for permanent or temporary residence in the United


 

 1  States, or has conditional permanent resident status in the

 

 2  United States. An application for an operator's or chauffeur's

 

 3  license shall be made in a manner prescribed by the secretary of

 

 4  state and shall contain all of the following:

 

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

 

 6  address, height, sex, eye color, signature, other information

 

 7  required or permitted on the license under this chapter, and, to

 

 8  the extent required to comply with federal law, the applicant's

 

 9  social security number or verification that the person is

 

10  ineligible for a social security number. The applicant may

 

11  provide a mailing address if the applicant receives mail at an

 

12  address different from his or her residence address.

 

13        (b) The following notice shall be included to inform the

 

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

 

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

 

16  secretary of state is required to use the residence address

 

17  provided on this application as the applicant's residence address

 

18  on the qualified voter file for voter registration and voting:

 

 

19 "NOTICE: Michigan law requires that the same address

20 be used for voter registration and driver license

21 purposes. Therefore, if the residence address

22 you provide in this application differs from your

23 voter registration address as it appears on the

24 qualified voter file, the secretary of state

25 will automatically change your voter registration

26 to match the residence address on this application,

27 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.".

 

 

 6        (c) For an original or renewal operator's or chauffeur's

 

 7  license with a vehicle group designation or indorsement, the

 

 8  names of all states where the applicant has been licensed to

 

 9  drive any type of motor vehicle during the previous 10 years.

 

10        (d) For an operator's or chauffeur's license with a vehicle

 

11  group designation or indorsement, the following certifications by

 

12  the applicant:

 

13        (i) The applicant meets the applicable federal driver

 

14  qualification requirements under 49 CFR part 391 if the applicant

 

15  operates or intends to operate in interstate commerce or meets

 

16  the applicable qualifications under the rules promulgated by the

 

17  department of state police under the motor carrier safety act of

 

18  1963, 1963 PA 181, MCL 480.11 to 480.22, if the applicant

 

19  operates or intends to operate in intrastate commerce.

 

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

 

21  skills tests is representative of the type of vehicle the

 

22  applicant operates or intends to operate.

 

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

 

24  United States secretary of transportation, or a suspension,

 

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

 

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

 

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


 

 1  than 1 state or jurisdiction.

 

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

 

 3  with a vehicle group designation and a hazardous material

 

 4  indorsement (H vehicle indorsement) shall provide his or her

 

 5  fingerprints that were taken by a law enforcement official or a

 

 6  designated representative for investigation as required by the

 

 7  uniting and strengthening America by providing appropriate tools

 

 8  required to intercept and obstruct terrorism (USA PATRIOT ACT)

 

 9  Act of 2001, Public Law 107-56.

 

10        (2) Except as provided in this subsection, an applicant for

 

11  an operator's or chauffeur's license may  shall have a digital

 

12  photograph of his or her image and signature captured or

 

13  reproduced when the application for the license is made. An

 

14  applicant required under section 5a of the sex offenders

 

15  registration act, 1994 PA 295, MCL 28.725a, to maintain a valid

 

16  operator's or chauffeur's license or official state personal

 

17  identification card shall have his or her image and signature

 

18  captured or reproduced when the application for the license is

 

19  made.  The secretary of state shall acquire by purchase or lease

 

20  the equipment for capturing the images and signatures and may

 

21  furnish the equipment to a local unit authorized by the secretary

 

22  of state to license drivers. The secretary of state shall acquire

 

23  equipment purchased or leased pursuant to this section under

 

24  standard purchasing procedures of the department of management

 

25  and budget based on standards and specifications established by

 

26  the secretary of state. The secretary of state shall not purchase

 

27  or lease equipment until an appropriation for the equipment has


 

 1  been made by the legislature. An  A digital photographic image

 

 2  and signature captured  pursuant to  under this section shall

 

 3  appear on the applicant's operator's or chauffeur's license.

 

 4  Except as provided in this subsection, the secretary of state may

 

 5  retain and use a person's digital photographic image and

 

 6  signature described in this subsection only for programs

 

 7  administered by the secretary of state. Except as provided in

 

 8  this subsection, the secretary of state shall not use a person's

 

 9  digital photographic image or signature, or both, unless the

 

10  person grants written permission for that purpose to the

 

11  secretary of state or specific enabling legislation permitting

 

12  the use is enacted into law. A law enforcement agency of this

 

13  state has access to information retained by the secretary of

 

14  state under this subsection. The information may be utilized for

 

15  any law enforcement purpose unless otherwise prohibited by law.

 

16  The department of state police shall provide to the secretary of

 

17  state updated lists of persons required to be registered under

 

18  the sex offenders registration act, 1994 PA 295, MCL 28.721 to

 

19  28.732, and the secretary of state shall make the digital

 

20  photographic images of those persons available to the department

 

21  of state police as provided in that act.

 

22        (3) An application shall contain a signature or verification

 

23  and certification by the applicant, as determined by the

 

24  secretary of state, and shall be accompanied by the proper fee.

 

25  The secretary of state shall collect the application fee with the

 

26  application. The secretary of state shall refund the application

 

27  fee to the applicant if the license applied for is denied, but


 

 1  shall not refund the fee to an applicant who fails to complete

 

 2  the examination requirements of the secretary of state within 90

 

 3  days after the date of application for a license.

 

 4        (4) In conjunction with the issuance of an operator's or

 

 5  chauffeur's license, the secretary of state shall do all of the

 

 6  following:

 

 7        (a) Provide the applicant with all of the following:

 

 8        (i) Written information explaining the applicant's right to

 

 9  make an anatomical gift in the event of death in accordance with

 

10  section 310.

 

11        (ii) Written information describing the organ donation

 

12  registry program maintained by Michigan's federally designated

 

13  organ procurement organization or its successor organization. The

 

14  written information required under this subparagraph shall

 

15  include, in a type size and format that is conspicuous in

 

16  relation to the surrounding material, the address and telephone

 

17  number of Michigan's federally designated organ procurement

 

18  organization or its successor organization, along with an

 

19  advisory to call Michigan's federally designated organ

 

20  procurement organization or its successor organization with

 

21  questions about the organ donor registry program.

 

22        (iii) Written information giving the applicant the opportunity

 

23  to be placed on the organ donation registry described in

 

24  subparagraph (ii).

 

25        (b) Provide the applicant with the opportunity to specify on

 

26  his or her operator's or chauffeur's license that he or she is

 

27  willing to make an anatomical gift in the event of death in


 

 1  accordance with section 310.

 

 2        (c) Inform the applicant in writing that, if he or she

 

 3  indicates to the secretary of state under this section a

 

 4  willingness to have his or her name placed on the organ donor

 

 5  registry described in subdivision (a)(ii), the secretary of state

 

 6  will forward the applicant's name and address to the organ

 

 7  donation registry maintained by Michigan's federally designated

 

 8  organ procurement organization or its successor organization, as

 

 9  required by subsection (6).

 

10        (d) Provide the applicant with the opportunity to make a

 

11  donation of $1.00 or more to the organ and tissue donation

 

12  education fund created under section 217o. A donation made under

 

13  this  provision  subdivision shall be deposited in the state

 

14  treasury to the credit of the organ and tissue donation education

 

15  fund.

 

16        (5) The secretary of state may fulfill the requirements of

 

17  subsection (4) by 1 or more of the following methods:

 

18        (a) Providing printed material enclosed with a mailed notice

 

19  for an operator's or chauffeur's license renewal or the issuance

 

20  of an operator's or chauffeur's license.

 

21        (b) Providing printed material to an applicant who

 

22  personally appears at a secretary of state branch office.

 

23        (c) Through electronic information transmittals for

 

24  operator's and chauffeur's licenses processed by electronic

 

25  means.

 

26        (6) If an applicant indicates a willingness under this

 

27  section to have his or her name placed on the organ donor


 

 1  registry described in subsection (4)(a)(ii), the secretary of

 

 2  state shall within 10 days forward the applicant's name and

 

 3  address to the organ donor registry maintained by Michigan's

 

 4  federally designated organ procurement organization or its

 

 5  successor organization. The secretary of state may forward

 

 6  information under this subsection by mail or by electronic means.

 

 7  The secretary of state shall not maintain a record of the name or

 

 8  address of an individual who indicates a willingness to have his

 

 9  or her name placed on the organ donor registry after forwarding

 

10  that information to the organ donor registry under this

 

11  subsection. Information about an applicant's indication of a

 

12  willingness to have his or her name placed on the organ donor

 

13  registry that is obtained by the secretary of state under

 

14  subsection (4) and forwarded under this subsection is exempt from

 

15  disclosure under  the freedom of information act, 1976 PA 442,

 

16  MCL 15.231 to 15.246, pursuant to  section 13(1)(d) of the

 

17  freedom of information act, 1976 PA 442, MCL 15.243.

 

18        (7) If an application is received from a person previously

 

19  licensed in another jurisdiction, the secretary of state shall

 

20  request a copy of the applicant's driving record and other

 

21  available information from the national driver register. When

 

22  received, the driving record and other available information

 

23  become a part of the driver's record in this state.

 

24        (8) If an application is received for an original, renewal,

 

25  or upgrade of a vehicle group designation or indorsement, the

 

26  secretary of state shall request the person's complete driving

 

27  record from all states where the applicant was previously


 

 1  licensed to drive any type of motor vehicle over the last 10

 

 2  years before issuing a vehicle group designation or indorsement

 

 3  to the applicant. If the applicant does not hold a valid

 

 4  commercial motor vehicle driver license from a state where he or

 

 5  she was licensed in the last 10 years, this complete driving

 

 6  record request must be made not earlier than 24 hours before the

 

 7  secretary of state issues the applicant a vehicle group

 

 8  designation or indorsement. For all other drivers, this request

 

 9  must be made not earlier than 10 days before the secretary of

 

10  state issues the applicant a vehicle group designation or

 

11  indorsement. The secretary of state shall also check the

 

12  applicant's driving record with the national driver register and

 

13  the federal commercial driver license information system before

 

14  issuing that group designation or indorsement. If the application

 

15  is for the renewal of a vehicle group designation or indorsement,

 

16  and if the secretary of state enters on the person's historical

 

17  driving record maintained under section 204a a notation that the

 

18  request was made and the date of the request, the secretary of

 

19  state is required to request the applicant's complete driving

 

20  record from other states only once under this section.

 

21        (9) Except for a vehicle group designation or indorsement or

 

22  as provided in this subsection, the secretary of state may issue

 

23  a renewal operator's or chauffeur's license for 1 additional 4-

 

24  year period by mail or by other methods prescribed by the

 

25  secretary of state. The secretary of state may check the

 

26  applicant's driving record through the national driver register

 

27  and the commercial driver license information system before


 

 1  issuing a license under this section. The secretary of state

 

 2  shall issue a renewal license only in person if the person is a

 

 3  person required under section 5a of the sex offenders

 

 4  registration act, 1994 PA 295, MCL 28.725a, to maintain a valid

 

 5  operator's or chauffeur's license or official state personal

 

 6  identification card. If a license is renewed by mail or by other

 

 7  method, the secretary of state shall issue evidence of renewal to

 

 8  indicate the date the license expires in the future. The

 

 9  department of state police shall provide to the secretary of

 

10  state updated lists of persons required under section 5a of the

 

11  sex offenders registration act, 1994 PA 295, MCL 28.725a, to

 

12  maintain a valid operator's or chauffeur's license or official

 

13  state personal identification card.

 

14        (10) Upon request, the secretary of state shall provide an

 

15  information manual to an applicant explaining how to obtain a

 

16  vehicle group designation or indorsement. The manual shall

 

17  contain the information required under 49 CFR part 383.

 

18        (11) The secretary of state shall not disclose a social

 

19  security number obtained under subsection (1) to another person

 

20  except for use for 1 or more of the following purposes:

 

21        (a) Compliance with 49 USC 31301 to 31317 and regulations

 

22  and state law and rules related to this chapter.

 

23        (b) Through the law enforcement information network, to

 

24  carry out the purposes of section 466(a) of the social security

 

25  act, 42 USC 666, in connection with matters relating to

 

26  paternity, child support, or overdue child support.

 

27        (c) To check an applicant's driving record through the


 

 1  national driver register and the commercial driver license

 

 2  information system when issuing a license under this act.

 

 3        (d) As otherwise required by law.

 

 4        (12) The secretary of state shall not display a person's

 

 5  social security number on the person's operator's or chauffeur's

 

 6  license.

 

 7        (13) A requirement under this section to include a social

 

 8  security number on an application does not apply to an applicant

 

 9  who demonstrates he or she is exempt under law from obtaining a

 

10  social security number or to an applicant who for religious

 

11  convictions is exempt under law from disclosure of his or her

 

12  social security number under these circumstances. The secretary

 

13  of state shall inform the applicant of this possible exemption.

 

14        Sec. 310. (1) The secretary of state shall issue an

 

15  operator's license to each person licensed as an operator and a

 

16  chauffeur's license to each person licensed as a chauffeur. An

 

17  applicant for a motorcycle indorsement under section 312a or a

 

18  vehicle group designation or indorsement shall first qualify for

 

19  an operator's or chauffeur's license before the indorsement or

 

20  vehicle group designation application is accepted and processed. 

 

21  On and after July 1, 2003, an original license or the first

 

22  renewal of an existing license issued to a person less than 21

 

23  years of age shall be portrait or vertical in form and a license

 

24  issued to a person 21 years of age or over shall be landscape or

 

25  horizontal in form.

 

26        (2) The license issued under subsection (1) shall contain

 

27  all of the following information:


 

 1        (a) The distinguishing number permanently assigned to the

 

 2  licensee.

 

 3        (b) The full name, date of birth, address of residence,

 

 4  height, eye color, sex,  image, and  signature of the licensee.

 

 5        (c)  A place for the licensee to indicate 1 or more of the

 

 6  following:

 

 7        (i) The blood type of the licensee.

 

 8        (ii) Immunization data of the licensee.

 

 9        (iii) Medication data of the licensee.

 

10        (iv) A statement that the licensee is deaf.

 

11        (v) A statement that the licensee is an organ and tissue

 

12  donor  under part 101 of the public health code, 1978 PA 368, MCL

 

13  333.10101 to 333.10109.

 

14        (vi) Emergency contact information of the licensee.

 

15        (vii) A sticker or decal as specified by the secretary of

 

16  state to indicate that the licensee has designated 1 or more

 

17  patient advocates in accordance with section 5506 of the estates

 

18  and protected individuals code, 1998 PA 386, MCL 700.5506, or a

 

19  statement that the licensee carries an emergency medical

 

20  information card.

 

21        (d) If the licensee has made a statement described in

 

22  subdivision (c)(v), the signature of the licensee following the

 

23  indication of his or her organ and tissue donor intent identified

 

24  in subdivision (c)(v), along with the signature of at least 1

 

25  witness.

 

26        (e) The sticker or decal described in subdivision (c)(vii)

 

27  may be provided by any person, hospital, school, medical group,


 

 1  or association interested in assisting in implementing the

 

 2  emergency medical information card, but shall meet the

 

 3  specifications of the secretary of state. The emergency medical

 

 4  information card may contain the information described in

 

 5  subdivision (c)(vi), information concerning the licensee's patient

 

 6  advocate designation, other emergency medical information, or an

 

 7  indication as to where the licensee has stored or registered

 

 8  emergency medical information.

 

 9        (e)  (f)  Beginning July 1, 2003, in the case of a licensee

 

10  who is less than 18 years of age at the time of issuance of the

 

11  license, the date on which the licensee will become 18 years of

 

12  age and 21 years of age.

 

13        (f) Physical security features designed to prevent

 

14  tampering, counterfeiting, or duplication of the license for

 

15  fraudulent purposes.

 

16        (g) A common machine-readable technology, with defined

 

17  minimum data elements.

 

18        (h)  (g)  Beginning July 1, 2003, in the case of a licensee

 

19  who is at least 18 years of age but less than 21 years of age at

 

20  the time of issuance of the license, the date on which the

 

21  licensee will become 21 years of age.

 

22        (3) Except as otherwise required in this chapter, other

 

23  information required on the license pursuant to this chapter may

 

24  appear on the license in a form prescribed by the secretary of

 

25  state.

 

26        (4) The license shall not contain a fingerprint or finger

 

27  image of the licensee.


 

 1        (5) A digitized license may contain an identifier for voter

 

 2  registration purposes. The digitized license may contain

 

 3  information appearing in electronic or machine readable codes

 

 4  needed to conduct a transaction with the secretary of state. The

 

 5  information shall be limited to the person's driver license

 

 6  number, birth date, license expiration date, and other

 

 7  information necessary for use with electronic devices, machine

 

 8  readers, or automatic teller machines and shall not contain the

 

 9  person's name, address, driving record, or other personal

 

10  identifier. The license shall identify the encoded information.

 

11        (6) The license shall be manufactured in a manner to

 

12  prohibit as nearly as possible the ability to reproduce, alter,

 

13  counterfeit, forge, or duplicate the license without ready

 

14  detection. In addition, a license with a vehicle group

 

15  designation shall contain the information required  under 49  CFR

 

16  part 383.

 

17        (7) A person who intentionally reproduces, alters,

 

18  counterfeits, forges, or duplicates a license photograph, the

 

19  negative of the photograph,  image,  license, or  electronic data

 

20  contained on a license or a part of a license or who uses a

 

21  license,  image, or photograph that has been reproduced, altered,

 

22  counterfeited, forged, or duplicated is subject to 1 of the

 

23  following:

 

24        (a) If the intent of the reproduction, alteration,

 

25  counterfeiting, forging, duplication, or use  is to commit or aid

 

26  in the commission of an offense that is a felony punishable by

 

27  imprisonment for 10 or more years, the person committing the


 

 1  reproduction, alteration, counterfeiting, forging, duplication,

 

 2  or use is guilty of a felony, punishable by imprisonment for not

 

 3  more than 10 years or a fine of not more than $20,000.00, or

 

 4  both.

 

 5        (b) If the intent of the reproduction, alteration,

 

 6  counterfeiting, forging, duplication, or use  is to commit or aid

 

 7  in the commission of an offense that is a felony punishable by

 

 8  imprisonment for less than 10 years or a misdemeanor punishable

 

 9  by imprisonment for 6 months or more, the person committing the

 

10  reproduction, alteration, counterfeiting, forging, duplication,

 

11  or use is guilty of a felony, punishable by imprisonment for not

 

12  more than 5 years, or a fine of not more than $10,000.00, or

 

13  both.

 

14        (c) If the intent of the reproduction, alteration,

 

15  counterfeiting, forging, duplication, or use  is to commit or aid

 

16  in the commission of an offense that is a misdemeanor punishable

 

17  by imprisonment for less than 6 months, the person committing the

 

18  reproduction, alteration, counterfeiting, forging, duplication,

 

19  or use is guilty of a misdemeanor punishable by imprisonment for

 

20  not more than 1 year or a fine of not more than $2,000.00, or

 

21  both.

 

22        (8) Except as provided in subsection (16), a person who

 

23  sells, or who possesses with the intent to deliver to another, a

 

24  reproduced, altered, counterfeited, forged, or duplicated license

 

25  photograph, negative of the photograph, image, license, or

 

26  electronic data contained on a license or part of a license is

 

27  guilty of a felony punishable by imprisonment for not more than 5


 

 1  years or a fine of not more than $10,000.00, or both.

 

 2        (9) Except as provided in subsection (16), a person who is

 

 3  in possession of 2 or more reproduced, altered, counterfeited,

 

 4  forged, or duplicated license photographs, negatives of the

 

 5  photograph, images, licenses, or electronic data contained on a

 

 6  license or part of a license is guilty of a felony punishable by

 

 7  imprisonment for not more than 5 years or a fine of not more than

 

 8  $10,000.00, or both.

 

 9        (10) Except as provided in subsection (16), a person who is

 

10  in possession of a reproduced, altered, counterfeited, forged, or

 

11  duplicated license photograph, negative of the photograph, image,

 

12  license, or electronic data contained on a license or part of a

 

13  license is guilty of a misdemeanor punishable by imprisonment for

 

14  not more than 1 year or a fine of not more than $2,000.00, or

 

15  both.

 

16        (11) Subsections (7)(a) and (b), (8), and (9) do not apply

 

17  to a minor whose intent is to violate section 703 of the Michigan

 

18  liquor control code of 1998, 1998 PA 58, MCL 436.1703.

 

19        (12) The secretary of state, upon determining after an

 

20  examination that an applicant is mentally and physically

 

21  qualified to receive a license, may issue  the applicant a

 

22  temporary driver's permit.  The temporary driver's permit

 

23  entitles the  applicant, while having the permit in his or her

 

24  immediate possession, to drive a motor vehicle upon the highway

 

25  for a period not exceeding 60 days before  the secretary of state

 

26  has issued the applicant an operator's or chauffeur's license. 

 

27  The secretary of state may establish a longer duration for the


 

 1  validity of a temporary driver's permit if necessary to

 

 2  accommodate the process of obtaining a background check that is

 

 3  required for an applicant by federal law.

 

 4        (13) An operator or chauffeur may indicate on the license in

 

 5  a place designated by the secretary of state his or her blood

 

 6  type, emergency contact information, immunization data,

 

 7  medication data, or a statement that the licensee is deaf, or a

 

 8  statement that the licensee is an organ and tissue donor and has

 

 9  made an anatomical gift  pursuant to  under part 101 of the

 

10  public health code, 1978 PA 368, MCL 333.10101 to 333.10109.

 

11        (14) An operator or chauffeur may indicate on the license in

 

12  a place designated by the secretary of state that he or she has

 

13  designated a patient advocate in accordance with sections 5506 to

 

14  5513 of the estates and protected individuals code, 1998 PA 386,

 

15  MCL 700.5506 to 700.5513.

 

16        (15) If the applicant provides proof to the secretary of

 

17  state that he or she is a minor who has been emancipated  

 

18  pursuant to  under 1968 PA 293, MCL 722.1 to 722.6, the license

 

19  shall bear the designation of the individual's emancipated status

 

20  in a manner prescribed by the secretary of state.

 

21        (16) Subsections (8), (9), and (10) do not apply to a person

 

22  who is in possession of 1 or more photocopies, reproductions, or

 

23  duplications of a license to document the identity of the

 

24  licensee for a legitimate business purpose.

 

25        (17) The sticker or decal described in subsection (2)(c)(vii)

 

26  may be provided by any person, hospital, school, medical group,

 

27  or association interested in assisting in implementing the


 

 1  emergency medical information card, but shall meet the

 

 2  specifications of the secretary of state. The emergency medical

 

 3  information card may contain the information described in

 

 4  subsection (2)(c)(vii), information concerning the licensee's

 

 5  patient advocate designation, other emergency medical

 

 6  information, or an indication as to where the licensee has stored

 

 7  or registered emergency medical information.

 

 8        Sec. 310f. (1) Before issuing an operator's license to an

 

 9  applicant, the secretary of state shall demand and the applicant

 

10  shall produce documentary evidence as the secretary of state

 

11  shall require showing that 1 or more of the following applies to

 

12  the applicant:

 

13        (a) The applicant is a citizen of the United States.

 

14        (b) The applicant is an alien lawfully admitted for

 

15  permanent or temporary residence in the United States.

 

16        (c) The applicant has conditional permanent residence status

 

17  in the United States.

 

18        (d) The applicant has a valid, unexpired nonimmigrant visa

 

19  or nonimmigrant visa status for entry into the United States.

 

20        (e) The applicant has a pending or approved application for

 

21  asylum in the United States.

 

22        (f) The applicant has entered into the United States in

 

23  refugee status.

 

24        (g) The applicant has a pending or approved application for

 

25  temporary protected status in the United States.

 

26        (h) The applicant has approved deferred action status.

 

27        (i) The applicant has a pending application for adjustment


 

 1  of status to that of an alien lawfully admitted for permanent

 

 2  residence in the United States or conditional permanent residence

 

 3  status in the United States.

 

 4        (2) If an applicant presents evidence described in

 

 5  subsection (1)(d) through (i), the secretary of state shall not

 

 6  issue an operator's license under section 307, but may issue a

 

 7  temporary operator's license to the applicant.  A temporary

 

 8  operator's license issued under this subsection is valid only

 

 9  during the period of time that the applicant is authorized to

 

10  stay in the United States or, if there is no definite end to the

 

11  period of authorized stay, for a period of 1 year.

 

12        (3) A temporary operator's license issued under this section

 

13  shall clearly indicate that it is temporary and shall state the

 

14  date on which it expires.

 

15        (4) A temporary operator's license issued under this section

 

16  may be renewed only upon presentation of valid documentary

 

17  evidence that the status by which the applicant qualified for the

 

18  temporary operator's license or temporary identification card has

 

19  been extended by the United States secretary of homeland

 

20  security.

 

21        (5) The secretary of state shall verify with the issuing

 

22  agency the validity and completeness of each document presented

 

23  by an applicant for an operator's license under this chapter. 

 

24  The secretary of state shall not accept a foreign document, other

 

25  than an official passport, to satisfy the application

 

26  requirements under this chapter.

 

27        (6) The secretary of state shall use technology to capture


 

 1  digital images of identity source documents so that the images

 

 2  are capable of being retained in electronic storage in a

 

 3  transferable format.

 

 4        (7) The secretary of state shall retain paper copies of

 

 5  source documents presented by an applicant to obtain an

 

 6  operator's license under this chapter for not less than 7 years

 

 7  or images of those source documents for not less than 10 years.

 

 8        (8) The secretary of state shall establish an effective

 

 9  procedure to confirm or verify a renewing applicant's

 

10  information.

 

11        (9) The secretary of state shall confirm with the social

 

12  security administration a social security account number

 

13  presented by a person using the full social security account

 

14  number.  If a social security account number is already

 

15  registered to or associated with another person to which this

 

16  state or any other state has issued an operator's license, the

 

17  state shall resolve the discrepancy and take appropriate action.

 

18        (10) The secretary of state shall refuse to issue an

 

19  operator's license to a person holding an operator's license

 

20  issued by another state without confirmation that the person is

 

21  terminating or has terminated the operator's license issued by

 

22  the other state.

 

23        (11) The secretary of state shall do all of the following:

 

24        (a) Ensure the physical security of locations where

 

25  operator's licenses are produced and the security of document

 

26  materials and papers from which operator's licenses are produced.

 

27        (b) Subject all persons authorized to manufacture or produce


 

 1  operator's licenses to appropriate security clearance

 

 2  requirements.

 

 3        (c) Establish fraudulent document recognition training

 

 4  programs for appropriate employees engaged in the issuance of

 

 5  operator's licenses.

 

 6        (12) For purposes of this chapter, the secretary of state

 

 7  shall presume that an operator's license for which an application

 

 8  has been made for renewal, duplication, or reissuance was issued

 

 9  in accordance with the provisions of this chapter if at the time

 

10  the application is made the operator's license is not expired,

 

11  canceled, suspended, or revoked.  The presumption created under

 

12  this subsection does not apply if the secretary of state is

 

13  notified by a local, state, or federal governmental agency that

 

14  the person seeking a renewal, duplication, or reissuance is

 

15  either of the following:

 

16        (a) Not a citizen of the United States.

 

17        (b) Not legally in the United States.

 

18        Sec. 310g. (1) Not later than September 11, 2005, the state

 

19  shall enter into a memorandum of understanding with the United

 

20  States secretary of homeland security to routinely utilize the

 

21  automated system known as systematic alien verification for

 

22  entitlements, as provided by section 404 of the illegal

 

23  immigration reform and immigrant responsibility act of 1996, 110

 

24  Stat. 3009-664, to verify the legal presence status of a person,

 

25  other than a United States citizen, applying for an operator's

 

26  license.

 

27        (2) This state shall enter into and participate in the


 

 1  interstate compact regarding sharing of driver license data,

 

 2  known as the "driver license agreement", in order to provide

 

 3  electronic access by a state to information contained in the

 

 4  motor vehicle databases of all other states.  The secretary of

 

 5  state shall establish and maintain a motor vehicle database

 

 6  containing the information required under the driver license

 

 7  agreement.

 

 8        Sec. 314. (1) Except as otherwise provided in this  section

 

 9  chapter, an operator's license  shall expire  expires on the

 

10  birthday of the person to whom the license is issued in the

 

11  fourth year following the date of the issuance of the license

 

12  unless suspended or revoked before that date. A license shall not

 

13  be issued for a period longer than 4 years. A person holding a

 

14  license at any time within 45 days before the expiration of his

 

15  or her license may  make application  apply for a new license as

 

16  provided for in this chapter. However, a knowledge test for an

 

17  original group designation or indorsement may be taken at any

 

18  time during this period and the results  shall be  are valid for

 

19  12 months. However, if the licensee will be out of the state

 

20  during the 45 days immediately preceding expiration of the

 

21  license or for other good cause shown cannot apply for a license

 

22  within the 45-day period,  application  the licensee may apply

 

23  for a new license  may be made  not more than 6 months before

 

24  expiration of the license. This  If it is issued, this new

 

25  license  when granted shall expire  expires as provided for in

 

26  this chapter.

 

27        (2) The first operator's license issued to a person who at


 

 1  the time of application is less than 20-1/2 years of age  shall

 

 2  expire  expires on the licensee's twenty-first birthday unless

 

 3  suspended or revoked. Until July 1, 2003, the secretary of state

 

 4  shall code the license in a manner  which  that clearly

 

 5  identifies the licensee as being less than 21 years of age.

 

 6        (3) The first chauffeur's license issued to a person  shall

 

 7  expire  expires on the licensee's birthday in the fourth year

 

 8  following the date of issuance unless the license is suspended or

 

 9  revoked before that date. The chauffeur's license of a person who

 

10  at the time of application is less than 20-1/2 years of age  

 

11  shall expire  expires on the licensee's twenty-first birthday

 

12  unless suspended or revoked. Until July 1, 2003, the secretary of

 

13  state shall code the license in a manner which clearly identifies

 

14  the licensee as being less than 21 years of age. A subsequent

 

15  chauffeur's license  shall expire  expires on the birthday of the

 

16  person to whom the license is issued in the fourth year following

 

17  the date of issuance of the license unless the license is

 

18  suspended or revoked before that date.

 

19        (4) A person may apply for an extension of his or her

 

20  driving privileges if he or she is out of state on the date that

 

21  his or her operator's or chauffeur's license expires. The

 

22  extension may extend the license for  180 days beyond the

 

23  expiration date or within 2 weeks after the applicant returns to

 

24  Michigan, whichever occurs first.

 

25        (5) A person who will be out of state for more than 90 days

 

26  beyond the expiration date of his or her operator's license may

 

27  apply for a 4-year renewal of his or her driving privileges. The


 

 1  applicant for this renewal shall submit a statement evidencing a

 

 2  vision examination in accordance with the rules promulgated by

 

 3  the secretary of state under section 309.

 

 4        (6) The secretary of state may check the applicant's driving

 

 5  record through the national driver register and the commercial

 

 6  driver license information system before issuing a renewal under

 

 7  this section.