Bill Text: MI HB4273 | 2019-2020 | 100th Legislature | Introduced

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Bill Title: Traffic control: driver license; renewal of driver license; extend to 8 years. Amends secs. 307 & 314 of 1949 PA 300 (MCL 257.307 & 257.314).

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2019-02-28 - Bill Electronically Reproduced 02/28/2019 [HB4273 Detail]

Download: Michigan-2019-HB4273-Introduced.html

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HOUSE BILL No. 4273

 

 

February 28, 2019, Introduced by Reps. Coleman, Lasinski, Cambensy, Elder, Shannon, Hertel, Pagan, Kennedy, Brenda Carter, Garza and Sneller and referred to the Committee on Transportation.

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 307 and 314 (MCL 257.307 and 257.314), section

 

307 as amended by 2018 PA 604 and section 314 as amended by 2011 PA

 

159.

 

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 must 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 must be made

 

17  in a manner prescribed by the secretary of state and must 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. The secretary of state shall not issue an

 

12  operator's license or a chauffeur's license to an applicant

 

13  described in this subdivision for a term that exceeds the duration

 

14  of the applicant's legal presence in the United States.

 

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

 

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

 

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

 

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

 

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

 

20  voter file for voter registration and voting:

 

 

21		"NOTICE: Michigan law requires that the same address
22		be used for voter registration and driver license
23		purposes. Therefore, if the residence address
24		you provide in this application differs from your
25		voter registration address as it appears on the
26		qualified voter file, the secretary of state
27		will automatically change your voter registration

1		to match the residence address on this application,
2		after which your voter registration at your former
3		address will no longer be valid for voting purposes.
4		A new voter registration card, containing the
5		information of your polling place, will be provided
6		to you by the clerk of the jurisdiction where your
7		residence address is located.".

 

 

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

 

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

 

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

 

11  type of motor vehicle during the previous 10 years.

 

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

 

13  group designation or indorsement, the following certifications by

 

14  the applicant:

 

15        (i) The applicant meets the applicable federal driver

 

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

 

17  the applicable qualifications of the department of state police

 

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

 

19  to 480.25.

 

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

 

21  skills tests is representative of the type of vehicle the applicant

 

22  operates or intends to operate.

 

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

 

24  United States Secretary of Transportation, or a suspension,

 

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

 

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

 

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

 1  than 1 state or jurisdiction.

 

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

 

 3  a vehicle group designation and a hazardous material indorsement

 

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

 

 5  federal law.

 

 6        (g) For automatic voter registration purposes under section

 

 7  493a of the Michigan election law, 1954 PA 116, MCL 168.493a, a

 

 8  space for the applicant to indicate on the application or change of

 

 9  address application whether he or she is a citizen of the United

 

10  States.

 

11        (h) A space to allow the applicant to indicate that the

 

12  applicant declines to use the application as a voter registration

 

13  application.

 

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

 

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

 

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

 

17  acquire equipment purchased or leased under this section under

 

18  standard purchasing procedures of the department of technology,

 

19  management, and budget based on standards and specifications

 

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

 

21  not purchase or lease equipment until an appropriation for the

 

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

 

23  image and signature captured under this section must appear on the

 

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

 

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

 

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

 

27  law enforcement purpose authorized by law.

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

 

 2  authorized by law.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

10  28.425c.

 

11        (e) By the secretary of state for forwarding to the department

 

12  of licensing and regulatory affairs the images of applicants for an

 

13  official state registry identification card issued under section 6

 

14  of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26426, if

 

15  the department of licensing and regulatory affairs promulgates

 

16  rules requiring a photograph as a design element for an official

 

17  state registry identification card.

 

18        (f) As necessary to comply with a law of this state or of the

 

19  United States.

 

20        (3) An application must contain a signature or verification

 

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

 

22  of state, and must be accompanied by the proper fee. The secretary

 

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

 

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

 

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

 

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

 

27  examination requirements of the secretary of state within 90 days

 1  after the date of application for a license.

 

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

 

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

 

 4  state shall do all of the following:

 

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

 

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

 

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

 

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

 

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

 

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

 

11  to inquire whether an applicant wishes to participate in the

 

12  anatomical gift donor registry program as required by this

 

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

 

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

 

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

 

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

 

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

 

18  310.

 

19        (ii) Information describing the anatomical gift donor registry

 

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

 

21  333.10101 to 333.10123. The information required under this

 

22  subparagraph includes the address and telephone number of

 

23  Michigan's federally designated organ procurement organization as

 

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

 

25  1978 PA 368, MCL 333.10102, or its successor organization.

 

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

 

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

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

 

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

 

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

 

 4  accordance with section 310.

 

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

 

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

 

 7  her name placed on the donor registry described in subdivision

 

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

 

 9  for the donor registry.

 

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

 

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

 

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

 

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

 

14  an operator's or chauffeur's license.

 

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

 

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

 

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

 

18  and chauffeur's licenses processed by electronic means.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

 2  name placed on the donor registry described in subsection

 

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

 

 4  under subsection (4)(a).

 

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

 

 6  licensed in another jurisdiction, the secretary of state shall

 

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

 

 8  available information from the National Driver Register. When

 

 9  received, the driving record and other available information become

 

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

 

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

 

12  an original vehicle group designation or indorsement to operate a

 

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

 

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

 

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

 

16  citizenship or proof of lawful permanent residency as required

 

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

 

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

 

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

 

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

 

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

 

22  383.5, and may verify the person's proof of citizenship or lawful

 

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

 

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

 

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

 

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

 

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

 1  383.5, and may verify the person's proof of citizenship or lawful

 

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

 

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

 

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

 

 5  record from all states where the applicant was previously licensed

 

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

 

 7  issuing a vehicle group designation or indorsement to the

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

23  the federal Commercial Driver's License Information System before

 

24  issuing that group designation or indorsement.

 

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

 

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

 

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

 1  additional 4-year 8-year period or until the person is no longer

 

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

 

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

 

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

 

 5  National Driver Register and the Commercial Driver's License

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

18  identification card.

 

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

 

20  information manual to an applicant explaining how to obtain a

 

21  vehicle group designation or indorsement. The manual must contain

 

22  the information required under 49 CFR part 383.

 

23        (11) The secretary of state shall not disclose a Social

 

24  Security number obtained under subsection (1) to another person

 

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

 

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

 

27  state law and rules related to this chapter.

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

 

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

 

 3  paternity, child support, or overdue child support.

 

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

 

 5  National Driver Register and the Commercial Driver's License

 

 6  Information System when issuing a license under this act.

 

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

 

 8  comparison with vital records maintained by the department of

 

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

 

10  1978 PA 368, MCL 333.2801 to 333.2899.

 

11        (e) As otherwise required by law.

 

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

 

13  Social Security number on the person's operator's or chauffeur's

 

14  license.

 

15        (13) A requirement under this section to include a Social

 

16  Security number on an application does not apply to an applicant

 

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

 

18  a Social Security number.

 

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

 

20  1978 PA 368, MCL 333.10120, the secretary of state shall maintain

 

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

 

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

 

23  federally designated organ procurement organization or its

 

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

 

25  that complies with that section.

 

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

 

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

 1  enter into agreements with the United States government to verify

 

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

 

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

 

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

 

 5  States.

 

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

 

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

 

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

 

 9  confirmation that the person is terminating or has terminated the

 

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

 

11  state.

 

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

 

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

 

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

 

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

 

16  chauffeur's licenses are produced.

 

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

 

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

 

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

 

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

 

21  clearance requirements. The security requirements of this

 

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

 

23  manufactured or produced in this state.

 

24        (c) Provide fraudulent document recognition programs to

 

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

 

26  licenses and chauffeur's licenses.

 

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

 1  prisoner information maintained by the department of corrections

 

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

 

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

 

 4        Sec. 314. (1) Except as otherwise provided in this section,

 

 5  operator's licenses and chauffeur's licenses expire on the birthday

 

 6  of the person to whom the license is issued in the fourth eighth

 

 7  year following the date of the issuance of the license or on the

 

 8  date the person is no longer considered to be legally present in

 

 9  the United States under section 307, whichever is earlier, unless

 

10  suspended or revoked before that date. A license shall must not be

 

11  issued for a period longer than 4 8 years. A person holding a

 

12  license at any time 12 months before the expiration of his or her

 

13  license may apply for a new license as provided for in this

 

14  chapter. A knowledge test for an original group designation or

 

15  indorsement may be taken at any time during this period and the

 

16  results are valid for 12 months. A license renewed under this

 

17  subsection shall must be renewed for the time remaining on the

 

18  license before its renewal combined with the 4-year 8-year renewal

 

19  period.

 

20        (2) The first operator's license issued to a person who at the

 

21  time of application is less than 20-1/2 years of age expires on the

 

22  licensee's twenty-first birthday or on the date the person is no

 

23  longer considered to be legally present in the United States under

 

24  section 307, whichever is earlier, unless suspended or revoked.

 

25        (3) The first chauffeur's license issued to a person expires

 

26  on the licensee's birthday in the fourth eighth year following the

 

27  date of issuance or on the date the person is no longer considered

 1  to be legally present in the United States under section 307,

 

 2  whichever is earlier, unless the license is suspended or revoked

 

 3  before that date. The chauffeur's license of a person who at the

 

 4  time of application is less than 20-1/2 years of age expires on the

 

 5  licensee's twenty-first birthday or on the date the person is no

 

 6  longer considered to be legally present in the United States under

 

 7  section 307, whichever is earlier, unless suspended or revoked. A

 

 8  subsequent chauffeur's license expires on the birthday of the

 

 9  person to whom the license is issued in the fourth eighth year

 

10  following the date of issuance of the license or on the date the

 

11  person is no longer considered to be legally present in the United

 

12  States under section 307, whichever is earlier, unless the license

 

13  is suspended or revoked before that date.

 

14        (4) A person may apply for an extension of his or her driving

 

15  privileges if he or she is out of state on the date that his or her

 

16  operator's or chauffeur's license expires. The extension may extend

 

17  the license for 180 days beyond the expiration date or not more

 

18  than 2 weeks after the applicant returns to Michigan, whichever

 

19  occurs first. This subsection does not apply to a person who fails

 

20  to meet the requirements of 49 CFR parts 383 and 391 with regard to

 

21  medical certification documentation requirements.

 

22        (5) The secretary of state may issue a renewal operator's or

 

23  chauffeur's license to a person who will be out of state for more

 

24  than 180 days beyond the expiration date of his or her operator's

 

25  or chauffeur's license, if the secretary of state has a digital

 

26  image of the person on file. The applicant for this renewal shall

 

27  submit a statement evidencing a vision examination in accordance

 1  with the rules promulgated by the secretary of state under section

 

 2  309 and any other statement required by this act or federal law. A

 

 3  person is not eligible for consecutive renewals of a license under

 

 4  this subsection. This subsection does not apply to a person who

 

 5  fails to meet the requirements of 49 CFR parts 383 and 391 with

 

 6  regard to medical certification documentation requirements, or a

 

 7  person with a hazardous material indorsement on his or her

 

 8  operator's or chauffeur's license.

 

 9        (6) The secretary of state may check the applicant's driving

 

10  record through the national driver register and the commercial

 

11  driver license information system before issuing a renewal under

 

12  this section.

 

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

 

14  after the date it is enacted into law.