Bill Text: MI HB4038 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Traffic control; driver license; declaration of United States citizenship on operator's or chauffeur's license application; require for automatic voter registration. Amends sec. 307 of 1949 PA 300 (MCL 257.307). TIE BAR WITH: HB 4037'17

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-01-18 - Bill Electronically Reproduced 01/12/2017 [HB4038 Detail]

Download: Michigan-2017-HB4038-Introduced.html

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HOUSE BILL No. 4038

 

 

January 12, 2017, Introduced by Reps. Wittenberg, Green, Chirkun, Yanez, Moss, Hertel, Jones, Cochran, Neeley and Lasinski and referred to the Committee on Elections and Ethics.

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 307 (MCL 257.307), as amended by 2015 PA 11.

 

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

 

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

 

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

 

 2  this subsection shall must include the applicant's full legal name,

 

 3  date of birth, and address and residency and demonstrate that the

 

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

 

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

 

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

 

 7  under this subsection, the applicant shall present documents to

 

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

 

 9  shall accept as 1 of the required identification documents an

 

10  identification card issued by the department of corrections to

 

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

 

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

 

13  other information identifying the prisoner as provided in section

 

14  37(4) of the corrections code of 1953, 1953 PA 232, MCL 791.237. An

 

15  application for an operator's or chauffeur's license shall must be

 

16  made in a manner prescribed by the secretary of state and shall

 

17  must contain all of the following:

 

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

 

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

 

20  anatomical gift, other information required or permitted on the

 

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

 

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

 

23  The applicant may provide a mailing address if the applicant

 

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

 

25  address.

 

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

 

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

 1  documents demonstrating his or her legal presence in the United

 

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

 

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

 

 4  2005, Public Law 109-13. The secretary of state may adopt rules

 

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

 

 6  24.201 to 24.328, as are necessary for the administration of this

 

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

 

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

 

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

 

10  1961 PA 236, MCL 600.631.

 

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

 

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

 

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

 

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

 

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

 

16  voter file for voter registration and voting:

 

 

17		"NOTICE: Michigan law requires that the same address
18		be used for voter registration and driver license
19		purposes. Therefore, if the residence address
20		you provide in this application differs from your
21		voter registration address as it appears on the
22		qualified voter file, the secretary of state
23		will automatically change your voter registration
24		to match the residence address on this application,
25		after which your voter registration at your former
26		address will no longer be valid for voting purposes.
27		A new voter registration card, containing the

1		information of your polling place, will be provided
2		to you by the clerk of the jurisdiction where your
3		residence address is located.".

 

 

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

 

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

 

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

 

 7  type of motor vehicle during the previous 10 years.

 

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

 

 9  group designation or indorsement, the following certifications by

 

10  the applicant:

 

11        (i) The applicant meets the applicable federal driver

 

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

 

13  the applicable qualifications of the department of state police

 

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

 

15  to 480.25.

 

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

 

17  28 skills tests is representative of the type of vehicle the

 

18  applicant operates or intends to operate.

 

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

 

20  United States Secretary of Transportation, or a suspension,

 

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

 

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

 

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

 

24  than 1 state or jurisdiction.

 

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

 

26  a vehicle group designation and a hazardous material indorsement

 

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

 1  federal law.

 

 2        (g) For automatic voter registration purposes under section

 

 3  493a of the Michigan election law, 1954 PA 116, MCL 168.493a, an

 

 4  applicant for an operator's or chauffeur's license shall indicate

 

 5  on the application, renewal application, or change of address

 

 6  application whether he or she is a citizen of the United States.

 

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

 

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

 

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

 

10  acquire equipment purchased or leased under this section under

 

11  standard purchasing procedures of the department of technology,

 

12  management, and budget based on standards and specifications

 

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

 

14  not purchase or lease equipment until an appropriation for the

 

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

 

16  image and signature captured under this section shall must appear

 

17  on the applicant's operator's license or chauffeur's license. A

 

18  person's digital photographic image and signature shall be used as

 

19  follows:

 

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

 

21  law enforcement purpose authorized by law.

 

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

 

23  authorized by law.

 

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

 

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

 

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

 

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

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

 

 2        (d) As necessary to comply with a law of this state or of the

 

 3  United States.

 

 4        (3) An application shall must contain a signature or

 

 5  verification and certification by the applicant, as determined by

 

 6  the secretary of state, and shall must be accompanied by the proper

 

 7  fee. The secretary of state shall collect the application fee with

 

 8  the application. The secretary of state shall refund the

 

 9  application fee to the applicant if the license applied for is

 

10  denied, but shall not refund the fee to an applicant who fails to

 

11  complete the examination requirements of the secretary of state

 

12  within 90 days after the date of application for a license.

 

13        (4) In conjunction with the application for an operator's

 

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

 

15  of the following:

 

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

 

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

 

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

 

19  310.

 

20        (ii) Information describing the anatomical gift donor registry

 

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

 

22  333.10101 to 333.10123. The information required under this

 

23  subparagraph includes the address and telephone number of

 

24  Michigan's federally designated organ procurement organization or

 

25  its successor organization as defined in section 10102 of the

 

26  public health code, 1978 PA 368, MCL 333.10102.

 

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

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

 

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

 

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

 

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

 

 5  accordance with section 310.

 

 6        (c) Inform the applicant that, if he or she indicates to the

 

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

 

 8  her name placed on the donor registry described in subdivision

 

 9  (a)(ii), the secretary of state will mark the applicant's record

 

10  for the donor registry.

 

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

 

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

 

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

 

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

 

15  an operator's or chauffeur's license.

 

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

 

17  appears at a secretary of state branch office.

 

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

 

19  and chauffeur's licenses processed by electronic means.

 

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

 

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

 

22  placed on the donor registry described in subsection (4)(a)(ii).

 

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

 

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

 

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

 

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

 

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

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

 

 2  licensed in another jurisdiction, the secretary of state shall

 

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

 

 4  available information from the national driver register. When

 

 5  received, the driving record and other available information become

 

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

 

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

 

 8  an original vehicle group designation or indorsement to operate a

 

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

 

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

 

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

 

12  citizenship or proof of lawful permanent residency as required

 

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

 

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

 

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

 

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

 

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

 

18  383.5, and may verify the person's proof of citizenship or lawful

 

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

 

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

 

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

 

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

 

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

 

24  383.5, and may verify the person's proof of citizenship or lawful

 

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

 

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

 

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

 1  record from all states where the applicant was previously licensed

 

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

 

 3  issuing a vehicle group designation or indorsement to the

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

19  the federal commercial driver license information system before

 

20  issuing that group designation or indorsement.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 1  national driver register and the commercial driver license

 

 2  information system before issuing a license under this section. The

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

14  identification card.

 

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

 

16  information manual to an applicant explaining how to obtain a

 

17  vehicle group designation or indorsement. The manual shall contain

 

18  the information required under 49 CFR part 383.

 

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

 

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

 

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

 

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

 

23  state law and rules related to this chapter.

 

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

 

25  security 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) With the department of community health and human

 

 4  services, for comparison with vital records maintained by the

 

 5  department of community health and human services under part 28 of

 

 6  the public health code, 1978 PA 368, MCL 333.2801 to 333.2899.

 

 7        (e) As otherwise required by law.

 

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

 

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

 

10  license.

 

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

 

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

 

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

 

14  social security number.

 

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

 

16  1978 PA 368, MCL 333.10120, the secretary of state shall maintain

 

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

 

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

 

19  federally designated organ procurement organization or its

 

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

 

21  that complies with that section.

 

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

 

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

 

24  enter into agreements with the United States government to verify

 

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

 

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

 

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

 1  States.

 

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

 

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

 

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

 

 5  confirmation that the person is terminating or has terminated the

 

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

 

 7  state.

 

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

 

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

 

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

 

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

 

12  chauffeur's licenses are produced.

 

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

 

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

 

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

 

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

 

17  clearance requirements. The security requirements of this

 

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

 

19  manufactured or produced in this state.

 

20        (c) Provide fraudulent document recognition programs to

 

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

 

22  licenses and chauffeur's licenses.

 

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

 

24  prisoner information maintained by the department of corrections

 

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

 

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

 

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

 1  after the date it is enacted into law.

 

 2        Enacting section 2. This amendatory act does not take effect

 

 3  unless Senate Bill No. ____ or House Bill No. 4037 (request no.

 

 4  00438'17) of the 99th Legislature is enacted into law.