BillCam

HB-4204, As Passed Senate, April 27, 2017

HOUSE BILL No. 4204

February 14, 2017, Introduced by Reps. Cole, LaFave, Griffin, Tedder, Lucido, Kivela, Glenn, Lower, Sneller, Allor and Hughes and referred to the Committee on Judiciary.

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending section 307 (MCL 257.307), as amended by 2016 PA 451.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 307. (1) If an applicant for an operator's license or

2 chauffeur's license to operate a noncommercial motor vehicle is a

3 citizen of the United States, the applicant shall supply a

4 photographic identity document, a birth certificate, or other

5 sufficient documents as the secretary of state may require, to

6 verify the identity and citizenship of the applicant. If an

7 applicant for an operator's or chauffeur's license is not a citizen

8 of the United States, the applicant shall supply a photographic

9 identity document and other sufficient documents to verify the

1 identity of the applicant and the applicant's legal presence in the

2 United States under subdivision (b). The documents required under

3 this subsection shall include the applicant's full legal name, date

4 of birth, and address and residency and demonstrate that the

5 applicant is a citizen of the United States or is legally present

6 in the United States. If the applicant's full legal name differs

7 from the name of the applicant that appears on a document presented

8 under this subsection, the applicant shall present documents to

9 verify his or her current full legal name. The secretary of state

10 shall accept as 1 of the required identification documents an

11 identification card issued by the department of corrections to

12 prisoners who are placed on parole or released from a correctional

13 facility, containing the prisoner's legal name, photograph, and

14 other information identifying the prisoner as provided in section

15 37(4) of the corrections code of 1953, 1953 PA 232, MCL 791.237. An

16 application for an operator's or chauffeur's license shall be made

17 in a manner prescribed by the secretary of state and shall contain

18 all of the following:

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

20 address, height, sex, eye color, signature, intent to make an

21 anatomical gift, other information required or permitted on the

22 license under this chapter, and, only to the extent required to

23 comply with federal law, the applicant's social security number.

24 The applicant may provide a mailing address if the applicant

25 receives mail at an address different from his or her residence

26 address.

27 (b) If the applicant is not a citizen of the United States,

1 the applicant shall provide, and the department shall verify,

2 documents demonstrating his or her legal presence in the United

3 States. Nothing in this act shall obligate or be construed to

4 obligate this state to comply with title II of the real ID act of

5 2005, Public Law 109-13. The secretary of state may adopt rules

6 under the administrative procedures act of 1969, 1969 PA 306, MCL

7 24.201 to 24.328, as are necessary for the administration of this

8 subdivision. A determination by the secretary of state that an

9 applicant is not legally present in the United States may be

10 appealed under section 631 of the revised judicature act of 1961,

11 1961 PA 236, MCL 600.631.

12 (c) The following notice shall be included to inform the

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

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

15 of state is required to use the residence address provided on this

16 application as the applicant's residence address on the qualified

17 voter file for voter registration and voting:

"NOTICE: Michigan law requires that the same address

be used for voter registration and driver license

purposes. Therefore, if the residence address

you provide in this application differs from your

voter registration address as it appears on the

qualified voter file, the secretary of state

will automatically change your voter registration

to match the residence address on this application,

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.".

5 (d) For an original or renewal operator's or chauffeur's

6 license with a vehicle group designation or indorsement, the names

7 of all states where the applicant has been licensed to drive any

8 type of motor vehicle during the previous 10 years.

9 (e) For an operator's or chauffeur's license with a vehicle

10 group designation or indorsement, the following certifications by

11 the applicant:

12 (i) The applicant meets the applicable federal driver

13 qualification requirements under 49 CFR parts 383 and 391 or meets

14 the applicable qualifications of the department of state police

15 under the motor carrier safety act of 1963, 1963 PA 181, MCL 480.11

16 to 480.25.

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

18 28 skills tests is representative of the type of vehicle the

19 applicant operates or intends to operate.

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

21 United States Secretary of Transportation, or a suspension,

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

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

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

25 than 1 state or jurisdiction.

26 (f) An applicant for an operator's or chauffeur's license with

27 a vehicle group designation and a hazardous material indorsement

1 shall provide his or her fingerprints as prescribed by state and

2 federal law.

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

4 have his or her image and signature captured or reproduced when the

5 application for the license is made. The secretary of state shall

6 acquire equipment purchased or leased under this section under

7 standard purchasing procedures of the department of technology,

8 management, and budget based on standards and specifications

9 established by the secretary of state. The secretary of state shall

10 not purchase or lease equipment until an appropriation for the

11 equipment has been made by the legislature. A digital photographic

12 image and signature captured under this section shall appear on the

13 applicant's operator's license or chauffeur's license. A person's

14 digital photographic image and signature shall be used as follows:

15 (a) By a federal, state, or local governmental agency for a

16 law enforcement purpose authorized by law.

17 (b) By the secretary of state for a use specifically

18 authorized by law.

19 (c) By the secretary of state for forwarding to the department

20 of state police the images of persons required to be registered

21 under the sex offenders registration act, 1994 PA 295, MCL 28.721

22 to 28.736, upon the department of state police providing the

23 secretary of state an updated list of the names of those persons.

24 (d) By the secretary of state for forwarding to the department

25 of state police as provided in section 5c of 1927 PA 372, MCL

26 28.425c.

27 (e) (d) As necessary to comply with a law of this state or of

1 the United States.

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

3 and certification by the applicant, as determined by the secretary

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

5 of state shall collect the application fee with the application.

6 The secretary of state shall refund the application fee to the

7 applicant if the license applied for is denied, but shall not

8 refund the fee to an applicant who fails to complete the

9 examination requirements of the secretary of state within 90 days

10 after the date of application for a license.

11 (4) In conjunction with the application for an original or

12 renewal operator's license or chauffeur's license, the secretary of

13 state shall do all of the following:

14 (a) If the applicant is not a participant in the anatomical

15 gift donor registry program, specifically inquire, either orally or

16 in writing, whether the applicant wishes to participate in the

17 anatomical gift donor registry program under part 101 of the public

18 health code, 1978 PA 368, MCL 333.10101 to 333.10123. If the

19 secretary of state or an employee of the secretary of state fails

20 to inquire whether an applicant wishes to participate in the

21 anatomical gift donor registry program as required by this

22 subdivision, neither the secretary of state nor the employee is

23 civilly or criminally liable for the failure to make the inquiry.

24 (b) Provide the applicant with all of the following:

25 (i) Information explaining the applicant's right to make an

26 anatomical gift in the event of death in accordance with section

27 310.

1 (ii) Information describing the anatomical gift donor registry

2 program under part 101 of the public health code, 1978 PA 368, MCL

3 333.10101 to 333.10123. The information required under this

4 subparagraph includes the address and telephone number of

5 Michigan's federally designated organ procurement organization as

6 that term is defined in section 10102 of the public health code,

7 1978 PA 368, MCL 333.10102, or its successor organization.

8 (iii) Information giving the applicant the opportunity to be

9 placed on the donor registry described in subparagraph (ii).

10 (c) Provide the applicant with the opportunity to specify on

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

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

13 accordance with section 310.

14 (d) Inform the applicant that, if he or she indicates to the

15 secretary of state under this section a willingness to have his or

16 her name placed on the donor registry described in subdivision

17 (b)(ii), the secretary of state will mark the applicant's record

18 for the donor registry.

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

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

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

22 for an operator's or chauffeur's license renewal or the issuance of

23 an operator's or chauffeur's license.

24 (b) Providing printed material to an applicant who personally

25 appears at a secretary of state branch office, or inquiring orally.

26 (c) Through electronic information transmittals for operator's

27 and chauffeur's licenses processed by electronic means.

1 (6) The secretary of state shall maintain a record of an

2 individual who indicates a willingness to have his or her name

3 placed on the donor registry described in subsection (4)(b)(ii).

4 Information about an applicant's indication of a willingness to

5 have his or her name placed on the donor registry that is obtained

6 by the secretary of state under subsection (4) and forwarded under

7 subsection (14) is exempt from disclosure under section 13(1)(d) of

8 the freedom of information act, 1976 PA 442, MCL 15.243. The

9 secretary of state is not required to maintain a record of an

10 individual who does not indicate a willingness to have his or her

11 name placed on the donor registry described in subsection

12 (4)(b)(ii) or an individual who does not respond to an inquiry

13 under subsection (4)(a).

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

15 licensed in another jurisdiction, the secretary of state shall

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

17 available information from the National Driver Register. When

18 received, the driving record and other available information become

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

20 (8) If a person applies for a commercial learner's permit for

21 an original vehicle group designation or indorsement to operate a

22 commercial motor vehicle, the secretary of state may verify the

23 person's identity, may require proof of Michigan domicile under 49

24 CFR 383.5, and may verify the person's proof of United States

25 citizenship or proof of lawful permanent residency as required

26 under 49 CFR 383.71 and 383.73, if that information is not on the

27 person's Michigan driving record. If a person applies for a renewal

1 of an operator's or chauffeur's license to operate a commercial

2 motor vehicle, the secretary of state may verify the person's

3 identity, may require proof of Michigan domicile under 49 CFR

4 383.5, and may verify the person's proof of citizenship or lawful

5 permanent residency under 49 CFR 383.71 and 383.73, if that

6 information is not on the person's Michigan driving record. If a

7 person applies for an upgrade of a vehicle group designation or

8 indorsement, the secretary of state may verify the person's

9 identity, may require proof of Michigan domicile under 49 CFR

10 383.5, and may verify the person's proof of citizenship or lawful

11 permanent residency under 49 CFR 383.71 and 383.73, if that

12 information is not on the person's Michigan driving record. The

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

14 record from all states where the applicant was previously licensed

15 to drive any type of motor vehicle over the last 10 years before

16 issuing a vehicle group designation or indorsement to the

17 applicant. If the applicant does not hold a valid commercial motor

18 vehicle driver license from a state where he or she was licensed in

19 the last 10 years, this complete driving record request must be

20 made not earlier than 24 hours before the secretary of state issues

21 the applicant a vehicle group designation or indorsement. For all

22 other drivers, this request must be made not earlier than 10 days

23 before the secretary of state issues the applicant a vehicle group

24 designation or indorsement. If the application is for the renewal

25 of a vehicle group designation or indorsement, and if the secretary

26 of state enters on the person's driving record maintained under

27 section 204a a notation that the request was made and the date of

1 the request, the secretary of state is required to request the

2 applicant's complete driving record from other states only once

3 under this section. The secretary of state shall also check the

4 applicant's driving record with the National Driver Register and

5 the federal Commercial Driver's License Information System before

6 issuing that group designation or indorsement.

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

8 as provided in this subsection or section 314(5), the secretary of

9 state may issue a renewal operator's or chauffeur's license for 1

10 additional 4-year period or until the person is no longer

11 determined to be legally present under this section by mail or by

12 other methods prescribed by the secretary of state. The secretary

13 of state may check the applicant's driving record through the

14 National Driver Register and the Commercial Driver's License

15 Information System before issuing a license under this section. The

16 secretary of state shall issue a renewal license only in person if

17 the person is a person required under section 5a of the sex

18 offenders registration act, 1994 PA 295, MCL 28.725a, to maintain a

19 valid operator's or chauffeur's license or official state personal

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

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

22 indicate the date the license expires in the future. The department

23 of state police shall provide to the secretary of state updated

24 lists of persons required under section 5a of the sex offenders

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

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

27 identification card.

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

2 information manual to an applicant explaining how to obtain a

3 vehicle group designation or indorsement. The manual shall contain

4 the information required under 49 CFR part 383.

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

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

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

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

9 state law and rules related to this chapter.

10 (b) To carry out the purposes of section 466(a) of the social

11 security act, 42 USC 666, in connection with matters relating to

12 paternity, child support, or overdue child support.

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

14 National Driver Register and the Commercial Driver's License

15 Information System when issuing a license under this act.

16 (d) With the department of health and human services, for

17 comparison with vital records maintained by the department of

18 health and human services under part 28 of the public health code,

19 1978 PA 368, MCL 333.2801 to 333.2899.

20 (e) As otherwise required by law.

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

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

23 license.

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

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

26 who demonstrates that he or she is exempt under law from obtaining

27 a social security number.

1 (14) As required in section 10120 of the public health code,

2 1978 PA 368, MCL 333.10120, the secretary of state shall maintain

3 the donor registry in a manner that provides electronic access,

4 including, but not limited to, the transfer of data to this state's

5 federally designated organ procurement organization or its

6 successor organization, tissue banks, and eye banks, in a manner

7 that complies with that section.

8 (15) The secretary of state, with the approval of the state

9 administrative board created under 1921 PA 2, MCL 17.1 to 17.3, may

10 enter into agreements with the United States government to verify

11 whether an applicant for an operator's license or a chauffeur's

12 license under this section who is not a citizen of the United

13 States is authorized under federal law to be present in the United

14 States.

15 (16) The secretary of state shall not issue an operator's

16 license or a chauffeur's license to a person holding an operator's

17 license or chauffeur's license issued by another state without

18 confirmation that the person is terminating or has terminated the

19 operator's license or chauffeur's license issued by the other

20 state.

21 (17) The secretary of state shall do all of the following:

22 (a) Ensure the physical security of locations where operator's

23 licenses and chauffeur's licenses are produced and the security of

24 document materials and papers from which operator's licenses and

25 chauffeur's licenses are produced.

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

27 operator's licenses or chauffeur's licenses and all persons who

1 have the ability to affect the identity information that appears on

2 operator's licenses or chauffeur's licenses to appropriate security

3 clearance requirements. The security requirements of this

4 subdivision and subdivision (a) may require that licenses be

5 manufactured or produced in this state.

6 (c) Provide fraudulent document recognition programs to

7 department of state employees engaged in the issuance of operator's

8 licenses and chauffeur's licenses.

9 (18) The secretary of state shall have electronic access to

10 prisoner information maintained by the department of corrections

11 for the purpose of verifying the identity of a prisoner who applies

12 for an operator's or chauffeur's license under subsection (1).

13 Enacting section 1. This amendatory act takes effect 90 days

14 after the date it is enacted into law.