SB-0954, As Passed Senate, May 15, 2018
SUBSTITUTE FOR
SENATE BILL NO. 954
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 40b, 307, 310, and 314 (MCL 257.40b, 257.307,
257.310, and 257.314), section 40b as amended by 2012 PA 498,
section 307 as amended by 2017 PA 32, section 310 as amended by
2016 PA 219, and section 314 as amended by 2011 PA 159, and by
adding section 310f.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 40b. (1) "Personal information" means information that
2 identifies an individual, including the individual's photograph or
3 image, name, address (but not the zip code), driver license number,
4 social security Social
Security number, telephone number,
digitized
5 signature, and medical and disability information. Personal
6 information does not include information on driving and equipment-
1 related violations or civil infractions, driver or vehicle
2 registration status, vehicular accidents, or other behaviorally-
3 related information.
4 (2) "Highly restricted personal information" means an
5 individual's photograph or image, social security Social Security
6 number, digitized signature, medical and disability information,
7 and source documents presented by an applicant to obtain an
8 operator's or chauffeur's license under section 307(1). Highly
9 restricted personal information also includes the confidential
10 address of an individual enrolled in the address confidentiality
11 program under the address confidentiality program act and the
12 emergency contact information under section 310(13). As used in
13 this subsection, "confidential address" means that term as defined
14 in the address confidentiality program act.
15 Sec. 307. (1) If an applicant for an operator's license or
16 chauffeur's license to operate a noncommercial motor vehicle is a
17 citizen of the United States, the applicant shall supply a
18 photographic identity document, a birth certificate, or other
19 sufficient documents as the secretary of state may require, to
20 verify the identity and citizenship of the applicant. If an
21 applicant for an operator's or chauffeur's license is not a citizen
22 of the United States, the applicant shall supply a photographic
23 identity document and other sufficient documents to verify the
24 identity of the applicant and the applicant's legal presence in the
25 United States under subdivision (b). The documents required under
26 this subsection shall include the applicant's full legal name, date
27 of birth, and address and residency and demonstrate that the
1 applicant is a citizen of the United States or is legally present
2 in the United States. If the applicant's full legal name differs
3 from the name of the applicant that appears on a document presented
4 under this subsection, the applicant shall present documents to
5 verify his or her current full legal name. The secretary of state
6 shall accept as 1 of the required identification documents an
7 identification card issued by the department of corrections to
8 prisoners who are placed on parole or released from a correctional
9 facility, containing the prisoner's legal name, photograph, and
10 other information identifying the prisoner as provided in section
11 37(4) of the corrections code of 1953, 1953 PA 232, MCL 791.237. An
12 application for an operator's or chauffeur's license shall be made
13 in a manner prescribed by the secretary of state and shall contain
14 all of the following:
15 (a) The applicant's full legal name, date of birth, residence
16 address, height, sex, eye color, signature, intent to make an
17 anatomical gift, other information required or permitted on the
18 license under this chapter, and, only to the extent required to
19 comply with federal law, the applicant's social security Social
20 Security number. The applicant may provide a mailing address if the
21 applicant receives mail at an address different from his or her
22 residence address.
23 (b) If the applicant is not a citizen of the United States,
24 the applicant shall provide, and the department shall verify,
25 documents demonstrating his or her legal presence in the United
26 States. Nothing in this act shall obligate or be construed to
27 obligate this state to comply with title II of the real ID act of
1 2005, Public Law 109-13. The secretary of state may adopt rules
2 under the administrative procedures act of 1969, 1969 PA 306, MCL
3 24.201 to 24.328, as are necessary for the administration of this
4 subdivision. A determination by the secretary of state that an
5 applicant is not legally present in the United States may be
6 appealed under section 631 of the revised judicature act of 1961,
7 1961 PA 236, MCL 600.631.
8 (c) The following notice shall be included to inform the
9 applicant that under sections 509o and 509r of the Michigan
10 election law, 1954 PA 116, MCL 168.509o and 168.509r, the secretary
11 of state is required to use the residence address provided on this
12 application as the applicant's residence address on the qualified
13 voter file for voter registration and voting:
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"NOTICE: Michigan law requires that the same address |
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be used for voter registration and driver license |
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purposes. Therefore, if the residence address |
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you provide in this application differs from your |
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voter registration address as it appears on the |
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qualified voter file, the secretary of state |
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will automatically change your voter registration |
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to match the residence address on this application, |
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after which your voter registration at your former |
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address will no longer be valid for voting purposes. |
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A new voter registration card, containing the |
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information of your polling place, will be provided |
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to you by the clerk of the jurisdiction where your |
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residence address is located.". |
1 (d) For an original or renewal operator's or chauffeur's
2 license with a vehicle group designation or indorsement, the names
3 of all states where the applicant has been licensed to drive any
4 type of motor vehicle during the previous 10 years.
5 (e) For an operator's or chauffeur's license with a vehicle
6 group designation or indorsement, the following certifications by
7 the applicant:
8 (i) The applicant meets the applicable federal driver
9 qualification requirements under 49 CFR parts 383 and 391 or meets
10 the applicable qualifications of the department of state police
11 under the motor carrier safety act of 1963, 1963 PA 181, MCL 480.11
12 to 480.25.
13 (ii) The vehicle in which the applicant will take the driving
14 28 skills tests is
representative of the type of vehicle the
15 applicant operates or intends to operate.
16 (iii) The applicant is not subject to disqualification by the
17 United States Secretary of Transportation, or a suspension,
18 revocation, or cancellation under any state law for conviction of
19 an offense described in section 312f or 319b.
20 (iv) The applicant does not have a driver's license from more
21 than 1 state or jurisdiction.
22 (f) An applicant for an operator's or chauffeur's license with
23 a vehicle group designation and a hazardous material indorsement
24 shall provide his or her fingerprints as prescribed by state and
25 federal law.
26 (g) An applicant for an operator's or chauffeur's license who
27 is a participant in the address confidentiality program under the
1 address confidentiality program act shall provide to the secretary
2 of state his or her participation card issued under the address
3 confidentiality program act.
4 (2) An applicant for an operator's or chauffeur's license may
5 have his or her image and signature captured or reproduced when the
6 application for the license is made. The secretary of state shall
7 acquire equipment purchased or leased under this section under
8 standard purchasing procedures of the department of technology,
9 management, and budget based on standards and specifications
10 established by the secretary of state. The secretary of state shall
11 not purchase or lease equipment until an appropriation for the
12 equipment has been made by the legislature. A digital photographic
13 image and signature captured under this section shall appear on the
14 applicant's operator's license or chauffeur's license. A person's
15 digital photographic image and signature shall be used as follows:
16 (a) By a federal, state, or local governmental agency for a
17 law enforcement purpose authorized by law.
18 (b) By the secretary of state for a use specifically
19 authorized by law.
20 (c) By the secretary of state for forwarding to the department
21 of state police the images of persons required to be registered
22 under the sex offenders registration act, 1994 PA 295, MCL 28.721
23 to 28.736, upon the department of state police providing the
24 secretary of state an updated list of the names of those persons.
25 (d) By the secretary of state for forwarding to the department
26 of state police as provided in section 5c of 1927 PA 372, MCL
27 28.425c.
1 (e) As necessary to comply with a law of this state or of the
2 United States.
3 (3) An application shall contain a signature or verification
4 and certification by the applicant, as determined by the secretary
5 of state, and shall be accompanied by the proper fee. The secretary
6 of state shall collect the application fee 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
10 examination requirements of the secretary of state within 90 days
11 after the date of application for a license.
12 (4) In conjunction with the application for an original or
13 renewal operator's license or chauffeur's license, the secretary of
14 state shall do all of the following:
15 (a) If the applicant is not a participant in the anatomical
16 gift donor registry program, specifically inquire, either orally or
17 in writing, whether the applicant wishes to participate in the
18 anatomical gift donor registry program under part 101 of the public
19 health code, 1978 PA 368, MCL 333.10101 to 333.10123. If the
20 secretary of state or an employee of the secretary of state fails
21 to inquire whether an applicant wishes to participate in the
22 anatomical gift donor registry program as required by this
23 subdivision, neither the secretary of state nor the employee is
24 civilly or criminally liable for the failure to make the inquiry.
25 (b) Provide the applicant with all of the following:
26 (i) Information explaining the applicant's right to make an
27 anatomical gift in the event of death in accordance with section
1 310.
2 (ii) Information describing the anatomical gift donor registry
3 program under part 101 of the public health code, 1978 PA 368, MCL
4 333.10101 to 333.10123. The information required under this
5 subparagraph includes the address and telephone number of
6 Michigan's federally designated organ procurement organization as
7 that term is defined in section 10102 of the public health code,
8 1978 PA 368, MCL 333.10102, or its successor organization.
9 (iii) Information giving the applicant the opportunity to be
10 placed on the donor registry described in subparagraph (ii).
11 (c) Provide the applicant with the opportunity to specify on
12 his or her operator's or chauffeur's license that he or she is
13 willing to make an anatomical gift in the event of death in
14 accordance with section 310.
15 (d) Inform the applicant that, if he or she indicates to the
16 secretary of state under this section a willingness to have his or
17 her name placed on the donor registry described in subdivision
18 (b)(ii), the secretary of state will mark the applicant's record
19 for the donor registry.
20 (5) The secretary of state may fulfill the requirements of
21 subsection (4) by 1 or more of the following methods:
22 (a) Providing printed material enclosed with a mailed notice
23 for an operator's or chauffeur's license renewal or the issuance of
24 an operator's or chauffeur's license.
25 (b) Providing printed material to an applicant who personally
26 appears at a secretary of state branch office, or inquiring orally.
27 (c) Through electronic information transmittals for operator's
1 and chauffeur's licenses processed by electronic means.
2 (6) The secretary of state shall maintain a record of an
3 individual who indicates a willingness to have his or her name
4 placed on the donor registry described in subsection (4)(b)(ii).
5 Information about an applicant's indication of a willingness to
6 have his or her name placed on the donor registry that is obtained
7 by the secretary of state under subsection (4) and forwarded under
8 subsection (14) is exempt from disclosure under section 13(1)(d) of
9 the freedom of information act, 1976 PA 442, MCL 15.243. The
10 secretary of state is not required to maintain a record of an
11 individual who does not indicate a willingness to have his or her
12 name placed on the donor registry described in subsection
13 (4)(b)(ii) or an individual who does not respond to an inquiry
14 under subsection (4)(a).
15 (7) If an application is received from a person previously
16 licensed in another jurisdiction, the secretary of state shall
17 request a copy of the applicant's driving record and other
18 available information from the National Driver Register. When
19 received, the driving record and other available information become
20 a part of the driver's record in this state.
21 (8) If a person applies for a commercial learner's permit for
22 an original vehicle group designation or indorsement to operate a
23 commercial motor vehicle, the secretary of state may verify the
24 person's identity, may require proof of Michigan domicile under 49
25 CFR 383.5, and may verify the person's proof of United States
26 citizenship or proof of lawful permanent residency as required
27 under 49 CFR 383.71 and 383.73, if that information is not on the
1 person's Michigan driving record. If a person applies for a renewal
2 of an operator's or chauffeur's license to operate a commercial
3 motor vehicle, the secretary of state may verify the person's
4 identity, may require proof of Michigan domicile under 49 CFR
5 383.5, and may verify the person's proof of citizenship or lawful
6 permanent residency under 49 CFR 383.71 and 383.73, if that
7 information is not on the person's Michigan driving record. If a
8 person applies for an upgrade of a vehicle group designation or
9 indorsement, the secretary of state may verify the person's
10 identity, may require proof of Michigan domicile under 49 CFR
11 383.5, and may verify the person's proof of citizenship or lawful
12 permanent residency under 49 CFR 383.71 and 383.73, if that
13 information is not on the person's Michigan driving record. The
14 secretary of state shall request the person's complete driving
15 record from all states where the applicant was previously licensed
16 to drive any type of motor vehicle over the last 10 years before
17 issuing a vehicle group designation or indorsement to the
18 applicant. If the applicant does not hold a valid commercial motor
19 vehicle driver license from a state where he or she was licensed in
20 the last 10 years, this complete driving record request must be
21 made not earlier than 24 hours before the secretary of state issues
22 the applicant a vehicle group designation or indorsement. For all
23 other drivers, this request must be made not earlier than 10 days
24 before the secretary of state issues the applicant a vehicle group
25 designation or indorsement. If the application is for the renewal
26 of a vehicle group designation or indorsement, and if the secretary
27 of state enters on the person's driving record maintained under
1 section 204a a notation that the request was made and the date of
2 the request, the secretary of state is required to request the
3 applicant's complete driving record from other states only once
4 under this section. The secretary of state shall also check the
5 applicant's driving record with the National Driver Register and
6 the federal Commercial Driver's License Information System before
7 issuing that group designation or indorsement.
8 (9) Except for a vehicle group designation or indorsement or
9 as provided in this subsection or section 314(5), the secretary of
10 state may issue a renewal operator's or chauffeur's license for 1
11 additional 4-year period or until the person is no longer
12 determined to be legally present under this section by mail or by
13 other methods prescribed by the secretary of state. The secretary
14 of state may check the applicant's driving record through the
15 National Driver Register and the Commercial Driver's License
16 Information System before issuing a license under this section. The
17 secretary of state shall issue a renewal license only in person if
18 the person is a person required under section 5a of the sex
19 offenders registration act, 1994 PA 295, MCL 28.725a, to maintain a
20 valid operator's or chauffeur's license or official state personal
21 identification card. If a license is renewed by mail or by other
22 method, the secretary of state shall issue evidence of renewal to
23 indicate the date the license expires in the future. The department
24 of state police shall provide to the secretary of state updated
25 lists of persons required under section 5a of the sex offenders
26 registration act, 1994 PA 295, MCL 28.725a, to maintain a valid
27 operator's or chauffeur's license or official state personal
1 identification card.
2 (10) Upon request, the secretary of state shall provide an
3 information manual to an applicant explaining how to obtain a
4 vehicle group designation or indorsement. The manual shall contain
5 the information required under 49 CFR part 383.
6 (11) The secretary of state shall not disclose a social
7 security Social
Security number obtained under
subsection (1) to
8 another person except for use for 1 or more of the following
9 purposes:
10 (a) Compliance with 49 USC 31301 to 31317 and regulations and
11 state law and rules related to this chapter.
12 (b) To carry out the purposes of section 466(a) of the social
13 security act, 42 USC 666, in connection with matters relating to
14 paternity, child support, or overdue child support.
15 (c) To check an applicant's driving record through the
16 National Driver Register and the Commercial Driver's License
17 Information System when issuing a license under this act.
18 (d) With the department of health and human services, for
19 comparison with vital records maintained by the department of
20 health and human services under part 28 of the public health code,
21 1978 PA 368, MCL 333.2801 to 333.2899.
22 (e) As otherwise required by law.
23 (12) The secretary of state shall not display a person's
24 social security Social
Security number on the person's
operator's
25 or chauffeur's license.
26 (13) A requirement under this section to include a social
27 security Social
Security number on an application does
not apply to
1 an applicant who demonstrates that he or she is exempt under law
2 from obtaining a social security Social Security number.
3 (14) As required in section 10120 of the public health code,
4 1978 PA 368, MCL 333.10120, the secretary of state shall maintain
5 the donor registry in a manner that provides electronic access,
6 including, but not limited to, the transfer of data to this state's
7 federally designated organ procurement organization or its
8 successor organization, tissue banks, and eye banks, in a manner
9 that complies with that section.
10 (15) The secretary of state, with the approval of the state
11 administrative board created under 1921 PA 2, MCL 17.1 to 17.3, may
12 enter into agreements with the United States government to verify
13 whether an applicant for an operator's license or a chauffeur's
14 license under this section who is not a citizen of the United
15 States is authorized under federal law to be present in the United
16 States.
17 (16) The secretary of state shall not issue an operator's
18 license or a chauffeur's license to a person holding an operator's
19 license or chauffeur's license issued by another state without
20 confirmation that the person is terminating or has terminated the
21 operator's license or chauffeur's license issued by the other
22 state.
23 (17) The secretary of state shall do all of the following:
24 (a) Ensure the physical security of locations where operator's
25 licenses and chauffeur's licenses are produced and the security of
26 document materials and papers from which operator's licenses and
27 chauffeur's licenses are produced.
1 (b) Subject all persons authorized to manufacture or produce
2 operator's licenses or chauffeur's licenses and all persons who
3 have the ability to affect the identity information that appears on
4 operator's licenses or chauffeur's licenses to appropriate security
5 clearance requirements. The security requirements of this
6 subdivision and subdivision (a) may require that licenses be
7 manufactured or produced in this state.
8 (c) Provide fraudulent document recognition programs to
9 department of state employees engaged in the issuance of operator's
10 licenses and chauffeur's licenses.
11 (18) The secretary of state shall have electronic access to
12 prisoner information maintained by the department of corrections
13 for the purpose of verifying the identity of a prisoner who applies
14 for an operator's or chauffeur's license under subsection (1).
15 Sec. 310. (1) The secretary of state shall issue an operator's
16 license to each person licensed as an operator and a chauffeur's
17 license to each person licensed as a chauffeur. An applicant for a
18 motorcycle indorsement under section 312a or a vehicle group
19 designation or indorsement shall first qualify for an operator's or
20 chauffeur's license before the indorsement or vehicle group
21 designation application is accepted and processed. An original
22 license or the first renewal of an existing license issued to a
23 person less than 21 years of age shall be portrait or vertical in
24 form and a license issued to a person 21 years of age or over shall
25 be landscape or horizontal in form.
26 (2) The license issued under subsection (1) shall contain all
27 of the following:
1 (a) The distinguishing number permanently assigned to the
2 licensee.
3 (b) The Except
as provided in section 310f, the full
legal
4 name, date of birth, address of residence, height, eye color, sex,
5 digital photographic image, expiration date, and signature of the
6 licensee.
7 (c) In the case of a licensee who has indicated his or her
8 wish to participate in the anatomical gift donor registry under
9 part 101 of the public health code, 1978 PA 368, MCL 333.10101 to
10 333.10123, a heart insignia on the front of the license.
11 (d) Physical security features designed to prevent tampering,
12 counterfeiting, or duplication of the license for fraudulent
13 purposes.
14 (e) If requested by an individual who is a veteran of the
15 armed forces of this state, another state, or the United States, a
16 designation that the individual is a veteran. The designation shall
17 be in a style and format considered appropriate by the secretary of
18 state. The secretary of state shall require proof of discharge or
19 separation of service from the armed forces of this state, another
20 state, or the United States, and the nature of that discharge, for
21 the purposes of verifying an individual's status as a veteran under
22 this subdivision. The secretary of state shall consult with the
23 department of military and veterans affairs in determining the
24 proof that shall be required to identify an individual's status as
25 a veteran for the purposes of this subsection. The secretary of
26 state may provide the department of military and veterans affairs
27 and agencies of the counties of this state that provide veteran
1 services with information provided by an applicant under this
2 subsection for the purpose of veterans' benefits eligibility
3 referral. As used in this subdivision, "veteran" means that term as
4 defined in section 1 of 1965 PA 190, MCL 35.61.
5 (3) Except as otherwise required under this chapter, other
6 information required on the license pursuant to under this
chapter
7 may appear on the license in a form prescribed by the secretary of
8 state.
9 (4) The license shall not contain a fingerprint or finger
10 image of the licensee.
11 (5) A digitized license may contain an identifier for voter
12 registration purposes. The digitized license may contain
13 information appearing in electronic or machine readable codes
14 needed to conduct a transaction with the secretary of state. The
15 information shall be limited to the information described in
16 subsection (2)(a) and (b) except for the person's digital
17 photographic image and signature, state of issuance, license
18 expiration date, and other information necessary for use with
19 electronic devices, machine readers, or automatic teller machines
20 and shall not contain the driving record or other personal
21 identifier. The license shall identify the encoded information.
22 (6) The license shall be manufactured in a manner to prohibit
23 as nearly as possible the ability to reproduce, alter, counterfeit,
24 forge, or duplicate the license without ready detection. In
25 addition, a license with a vehicle group designation shall contain
26 the information required under 49 CFR part 383.
27 (7) Except as provided in subsection (11), a person who
1 intentionally reproduces, alters, counterfeits, forges, or
2 duplicates a license photograph, the negative of the photograph,
3 image, license, or electronic data contained on a license or a part
4 of a license or who uses a license, image, or photograph that has
5 been reproduced, altered, counterfeited, forged, or duplicated is
6 subject to 1 of the following:
7 (a) If the intent of the reproduction, alteration,
8 counterfeiting, forging, duplication, or use is to commit or aid in
9 the commission of an offense that is a felony punishable by
10 imprisonment for 10 or more years, the person committing the
11 reproduction, alteration, counterfeiting, forging, duplication, or
12 use is guilty of a felony, punishable by imprisonment for not more
13 than 10 years or a fine of not more than $20,000.00, or both.
14 (b) If the intent of the reproduction, alteration,
15 counterfeiting, forging, duplication, or use is to commit or aid in
16 the commission of an offense that is a felony punishable by
17 imprisonment for less than 10 years or a misdemeanor punishable by
18 imprisonment for 6 months or more, the person committing the
19 reproduction, alteration, counterfeiting, forging, duplication, or
20 use is guilty of a felony, punishable by imprisonment for not more
21 than 5 years, or a fine of not more than $10,000.00, or both.
22 (c) If the intent of the reproduction, alteration,
23 counterfeiting, forging, duplication, or use is to commit or aid in
24 the commission of an offense that is a misdemeanor punishable by
25 imprisonment for less than 6 months, the person committing the
26 reproduction, alteration, counterfeiting, forging, duplication, or
27 use is guilty of a misdemeanor punishable by imprisonment for not
1 more than 1 year or a fine of not more than $2,000.00, or both.
2 (8) Except as provided in subsections (11) and (16), a person
3 who sells, or who possesses with the intent to deliver to another,
4 a reproduced, altered, counterfeited, forged, or duplicated license
5 photograph, negative of the photograph, image, license, or
6 electronic data contained on a license or part of a license is
7 guilty of a felony punishable by imprisonment for not more than 5
8 years or a fine of not more than $10,000.00, or both.
9 (9) Except as provided in subsections (11) and (16), a person
10 who is in possession of 2 or more reproduced, altered,
11 counterfeited, forged, or duplicated license photographs, negatives
12 of the photograph, images, licenses, or electronic data contained
13 on a license or part of a license is guilty of a felony punishable
14 by imprisonment for not more than 5 years or a fine of not more
15 than $10,000.00, or both.
16 (10) Except as provided in subsection (16), a person who is in
17 possession of a reproduced, altered, counterfeited, forged, or
18 duplicated license photograph, negative of the photograph, image,
19 license, or electronic data contained on a license or part of a
20 license is guilty of a misdemeanor punishable by imprisonment for
21 not more than 1 year or a fine of not more than $2,000.00, or both.
22 (11) Subsections (7)(a) and (b), (8), and (9) do not apply to
23 a minor whose intent is to violate section 703 of the Michigan
24 liquor control code of 1998, 1998 PA 58, MCL 436.1703.
25 (12) The secretary of state, upon determining after an
26 examination that an applicant is mentally and physically qualified
27 to receive a license, may issue the applicant a temporary driver's
1 permit. The temporary driver's permit entitles the applicant, while
2 having the permit in his or her immediate possession, to operate a
3 motor vehicle upon the highway for a period not exceeding 60 days
4 before the secretary of state has issued the applicant an
5 operator's or chauffeur's license. The secretary of state may
6 establish a longer duration for the validity of a temporary
7 driver's permit if necessary to accommodate the process of
8 obtaining a background check that is required for an applicant by
9 federal law.
10 (13) An operator or chauffeur may indicate on the license in a
11 place designated by the secretary of state his or her blood type,
12 emergency contact information, immunization data, medication data,
13 or a statement that the licensee is deaf. The secretary of state
14 shall not require an applicant for an original or renewal
15 operator's or chauffeur's license to provide emergency contact
16 information as a condition of obtaining a license. However, the
17 secretary of state may inquire whether an operator or chauffeur
18 would like to provide emergency contact information. Emergency
19 contact information obtained under this subsection shall be
20 disclosed only to a state or federal law enforcement agency for law
21 enforcement purposes or to the extent necessary for a medical
22 emergency. No later than January 1, 2017, the secretary of state
23 shall develop and shall, in conjunction with the department of
24 state police, implement a process using the L.E.I.N. or any other
25 appropriate system that limits access to law enforcement that would
26 allow law enforcement agencies of this state to access emergency
27 contact information that the holder of an operator's license has
1 voluntarily provided to the secretary of state. As used in this
2 subsection, "emergency contact information" means the name,
3 telephone number, or address of an individual that is used for the
4 sole purpose of contacting that individual when the holder of an
5 operator's license has been involved in an emergency.
6 (14) An operator or chauffeur may indicate on the license in a
7 place designated by the secretary of state that he or she has
8 designated a patient advocate in accordance with sections 5506 to
9 5515 of the estates and protected individuals code, 1998 PA 386,
10 MCL 700.5506 to 700.5515.
11 (15) If the applicant provides proof to the secretary of state
12 that he or she is a minor who has been emancipated under 1968 PA
13 293, MCL 722.1 to 722.6, the license shall bear the designation of
14 the individual's emancipated status in a manner prescribed by the
15 secretary of state.
16 (16) Subsections (8), (9), and (10) do not apply to a person
17 who is in possession of 1 or more photocopies, reproductions, or
18 duplications of a license to document the identity of the licensee
19 for a legitimate business purpose.
20 (17) A sticker or decal may be provided by any person,
21 hospital, school, medical group, or association interested in
22 assisting in implementing an emergency medical information card,
23 but shall meet the specifications of the secretary of state. An
24 emergency medical information card may contain information
25 concerning the licensee's patient advocate designation, other
26 emergency medical information, or an indication as to where the
27 licensee has stored or registered emergency medical information.
1 (18) The secretary of state shall inquire of each licensee, in
2 person or by mail, whether the licensee agrees to participate in
3 the anatomical gift donor registry under part 101 of the public
4 health code, 1978 PA 368, MCL 333.10101 to 333.10123.
5 (19) A licensee who has agreed to participate in the
6 anatomical gift donor registry under part 101 of the public health
7 code, 1978 PA 368, MCL 333.10101 to 333.10123, shall not be
8 considered to have revoked that agreement solely because the
9 licensee's license has been revoked or suspended or has expired.
10 Enrollment in the donor registry constitutes a legal agreement that
11 remains binding and in effect after the donor's death regardless of
12 the expressed desires of the deceased donor's next of kin who may
13 oppose the donor's anatomical gift.
14 Sec. 310f. (1) Beginning on February 16, 2021, upon receipt of
15 a notice from the department of the attorney general that an
16 individual who has been issued an operator's or chauffeur's license
17 under this act has been certified as a participant in the address
18 confidentiality program, the secretary of state shall issue a
19 corrected operator's or chauffeur's license to that individual by
20 mailing the license to his or her designated address. The
21 operator's or chauffeur's license shall display the individual's
22 designated address and shall not display the individual's residence
23 address.
24 (2) An individual who is issued a corrected license under this
25 section shall destroy his or her old license and replace it with
26 the corrected license.
27 (3) An individual whose certification as a participant in the
1 address confidentiality program is renewed under the address
2 confidentiality program act may renew a license issued under this
3 section upon payment of the renewal fee under section 811.
4 (4) As used in this section:
5 (a) "Address confidentiality program" means a program as that
6 term is defined in the address confidentiality program act.
7 (b) "Designated address" means that term as defined in the
8 address confidentiality program act.
9 Sec. 314. (1) Except as otherwise provided in this section and
10 section 310f, operator's licenses and chauffeur's licenses expire
11 on the birthday of the person to whom the license is issued in the
12 fourth year following the date of the issuance of the license or on
13 the date the person is no longer considered to be legally present
14 in the United States under section 307, whichever is earlier,
15 unless suspended or revoked before that date. A license shall not
16 be issued for a period longer than 4 years. A person holding a
17 license at any time 12 months before the expiration of his or her
18 license may apply for a new license as provided for in this
19 chapter. A knowledge test for an original group designation or
20 indorsement may be taken at any time during this period and the
21 results are valid for 12 months. A license renewed under this
22 subsection shall be renewed for the time remaining on the license
23 before its renewal combined with the 4-year renewal period.
24 (2) The Except
as provided in section 310f, the first
25 operator's license issued to a person who at the time of
26 application is less than 20-1/2 years of age expires on the
27 licensee's twenty-first birthday or on the date the person is no
1 longer considered to be legally present in the United States under
2 section 307, whichever is earlier, unless suspended or revoked.
3 (3) The Except
as provided in section 310f, the first
4 chauffeur's license issued to a person expires on the licensee's
5 birthday in the fourth year following the date of issuance or on
6 the date the person is no longer considered to be legally present
7 in the United States under section 307, whichever is earlier,
8 unless the license is suspended or revoked before that date. The
9 Except as provided in section 310f, the chauffeur's license of a
10 person who at the time of application is less than 20-1/2 years of
11 age expires on the licensee's twenty-first birthday or on the date
12 the person is no longer considered to be legally present in the
13 United States under section 307, whichever is earlier, unless
14 suspended or revoked. A subsequent chauffeur's license expires on
15 the birthday of the person to whom the license is issued in the
16 fourth year following the date of issuance of the license or on the
17 date the person is no longer considered to be legally present in
18 the United States under section 307, whichever is earlier, unless
19 the license is suspended or revoked before that date.
20 (4) A person may apply for an extension of his or her driving
21 privileges if he or she is out of state on the date that his or her
22 operator's or chauffeur's license expires. The extension may extend
23 the license for 180 days beyond the expiration date or not more
24 than 2 weeks after the applicant returns to Michigan, whichever
25 occurs first. This subsection does not apply to a person who fails
26 to meet the requirements of 49 CFR parts 383 and 391 with regard to
27 medical certification documentation requirements.
1 (5) The secretary of state may issue a renewal operator's or
2 chauffeur's license to a person who will be out of state for more
3 than 180 days beyond the expiration date of his or her operator's
4 or chauffeur's license, if the secretary of state has a digital
5 image of the person on file. The applicant for this renewal shall
6 submit a statement evidencing a vision examination in accordance
7 with the rules promulgated by the secretary of state under section
8 309 and any other statement required by this act or federal law. A
9 person is not eligible for consecutive renewals of a license under
10 this subsection. This subsection does not apply to a person who
11 fails to meet the requirements of 49 CFR parts 383 and 391 with
12 regard to medical certification documentation requirements, or a
13 person with a hazardous material indorsement on his or her
14 operator's or chauffeur's license.
15 (6) The secretary of state may check the applicant's driving
16 record through the national driver register and the commercial
17 driver license information system before issuing a renewal under
18 this section.
19 Enacting section 1. This amendatory act takes effect 180 days
20 after the date it is enacted into law.
21 Enacting section 2. This amendatory act does not take effect
22 unless Senate Bill No. 655 of the 99th Legislature is enacted into
23 law.