SENATE BILL No. 82

 

 

January 24, 2013, Introduced by Senators BOOHER, ROBERTSON, COLBECK, MOOLENAAR, PROOS, ANDERSON, GREEN, JONES, MARLEAU, HOPGOOD and HUNE and referred to the Committee on Veterans, Military Affairs and Homeland Security.

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 310 (MCL 257.310), as amended by 2008 PA 36.

 

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 and may designate the military branch of which the individual

 

was a member. The secretary of state shall require proof of the

 

individual's status as a veteran before providing the designation

 

required under this subsection. All of the following constitute

 

proof of the individual's status as a veteran under this

 

subdivision:

 

     (i) For discharge from military service in 1950 or after, a

 

United States defense department form 214, certificate of release

 

or discharge from active duty (DD 214), or a correction to DD 214


 

form (DD 215).

 

     (ii) For discharge from military service before 1950, a

 

separation document or form issued by a branch or department of the

 

United States armed services.

 

     (3) Except as otherwise required under this chapter, other

 

information required on the license pursuant to under 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 person's driver license number,

 

birth date, full legal name, date of transaction, gender, address,

 

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 drive 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.

 

     (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.