BillCam

SENATE BILL No. 278

April 23, 2019, Introduced by Senators BARRETT and HERTEL and referred to the Committee on Transportation and Infrastructure.

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 221 and 310 (MCL 257.221 and 257.310), section

221 as amended by 1998 PA 64 and section 310 as amended by 2018 PA

177.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 221. (1) The secretary of state shall create and maintain

a computerized central file of all applications for registration of

motor vehicles and is not required to retain any other record of

the application. The computerized central file shall must be

interfaced with the law enforcement information network as provided

in the L.E.I.N. C.J.I.S. policy council act, of 1974, 1974 PA 163,

MCL 28.211 to 28.216.28.215.

(2) The secretary of state shall preserve the records

described in subsection (1) for 3 years after the date of

registration. The records shall must be available to state and

federal agencies and the friend of the court as provided under

section 4 of the L.E.I.N. C.J.I.S. policy council act, of 1974,

1974 PA 163, MCL 28.214, and rules promulgated under that section.

, and The records, except for a communication impediment

designation, must be available to the public through the secretary

of state's commercial look-up service.

(3) The secretary of state shall allow the owner of a motor

vehicle who is applying for a vehicle registration or for renewal

of a vehicle registration to elect a communication impediment

designation on the application maintained in the central file under

subsection (1) or in another appropriate system that limits access

to law enforcement that would allow law enforcement agencies of

this state to view a communication impediment designation with a

motor vehicle registration.

(4) As used in this section, "communication impediment" means

the owner of a motor vehicle has 1 or more of the following health

conditions that may impede communication with a police officer

during a traffic stop:

(a) Deafness or hearing loss.

(b) An autism disorder.

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 must be portrait or vertical

in form and a license issued to a person 21 years of age or over

shall must be landscape or horizontal in form.

(2) The license issued under subsection (1) shall must 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.

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

must be in a style and format considered appropriate by the

secretary of state. The secretary of state shall require proof of

discharge or separation of service from the armed forces of this

state, another state, or the United States, and the nature of that

discharge, for the purposes of verifying an individual's status as

a veteran under this subdivision. The secretary of state shall

consult with the department of military and veterans affairs in

determining the proof that shall must be required to identify an

individual's status as a veteran for the purposes of this

subsection. The secretary of state may provide the department of

military and veterans affairs and agencies of the counties of this

state that provide veteran services with information provided by an

applicant under this subsection for the purpose of veterans'

benefits eligibility referral. As used in this subdivision,

"veteran" means that term as defined in section 1 of 1965 PA 190,

MCL 35.61.

(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 must 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 must be limited to the information described in

subsection (2)(a) and (b) except for the person's digital

photographic image and signature, state of issuance, license

expiration date, and other information necessary for use with

electronic devices, machine readers, or automatic teller machines

and shall must not contain the driving record or other personal

identifier. The license shall must identify the encoded

information.

(6) The license shall must 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 must 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.

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 operate 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. The secretary of state

shall not require an applicant for an original or renewal

operator's or chauffeur's license to provide emergency contact

information as a condition of obtaining a license. However, the

secretary of state may inquire whether an operator or chauffeur

would like to provide emergency contact information and shall allow

an operator or chauffeur to elect a communication impediment

designation. Emergency contact information obtained under this

subsection shall must be disclosed only to a state or federal law

enforcement agency for law enforcement purposes or to the extent

necessary for a medical emergency. No later than January 1, 2017,

the secretary of state shall develop and shall, in conjunction with

the department of state police, implement a process using the

L.E.I.N. or any other appropriate system that limits access to law

enforcement that would allow law enforcement agencies of this state

to access emergency contact information and to view a communication

impediment designation that the holder of an operator's license has

voluntarily provided to the secretary of state. As used in this

subsection, "emergency contact information" means the name,

telephone number, or address of an individual that is used for the

sole purpose of contacting that individual when the holder of an

operator's license has been involved in an emergency.

(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 must 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 must 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 must 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.

(20) If an operator's or chauffeur's license is issued to an

individual described in section 307(1)(b) who has temporary lawful

status, the license shall must be issued in compliance with 6 CFR

37.21 or in compliance with the process established to comply with

6 CFR 37.71 by the secretary of state. As used in this subsection,

"temporary lawful status" means that term as defined in 6 CFR 37.3.

(21) As used in this section:

(a) "Communication impediment" means the operator or chauffeur

has 1 or more of the following health conditions that may impede

communication with a police officer during a traffic stop:

(i) Deafness or hearing loss.

(ii) An autism disorder.

(b) "Emergency contact information" means the name, telephone

number, or address of an individual that is used for the sole

purpose of contacting that individual when the holder of an

operator's license has been involved in an emergency.

CFR 37.3.

(d) "Veteran" means that term as defined in section 1 of 1965

PA 190, MCL 35.61.