Bill Text: MI HB4373 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Traffic control; driver license; resident address on driver license different than resident address on qualified voter file; permit. Amends secs. 307 & 315 of 1949 PA 300 (MCL 257.307 & 257.315).

Spectrum: Partisan Bill (Democrat 24-0)

Status: (Introduced - Dead) 2009-02-24 - Printed Bill Filed 02/20/2009 [HB4373 Detail]

Download: Michigan-2009-HB4373-Introduced.html

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HOUSE BILL No. 4373

 

February 19, 2009, Introduced by Reps. Warren, Segal, Bauer, Scripps, Byrum, Tlaib, Roberts, Robert Jones, Byrnes, Donigan, Lahti, Spade, LeBlanc, Meadows, Smith, Gregory, Lipton, Espinoza, Dean, Barnett, Liss, McDowell, Switalski and Lisa Brown and referred to the Committee on Ethics and Elections.

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 307 and 315 (MCL 257.307 and 257.315),

 

section 307 as amended by 2008 PA 36 and section 315 as amended

 

by 2008 PA 7.

 

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 is a citizen of the United States, the

 

 3  applicant shall supply a photographic identity document, a birth

 

 4  certificate, or other sufficient documents as the secretary of

 

 5  state may require to verify the identity and citizenship of the

 

 1  applicant. If an applicant for an operator's or chauffeur's

 

 2  license is not a citizen of the United States, the applicant

 

 3  shall supply a photographic identity document and other

 

 4  sufficient documents to verify the identity of the applicant and

 

 5  the applicant's legal presence in the United States under

 

 6  subdivision (b). The documents required under this subsection

 

 7  shall include the applicant's full legal name, date of birth, and

 

 8  address and residency and demonstrate that the applicant is a

 

 9  citizen of the United States or is legally present in the United

 

10  States. If the applicant's full legal name differs from the name

 

11  of the applicant that appears on a document presented under this

 

12  subsection, the applicant shall present documents to verify his

 

13  or her current full legal name. An application for an operator's

 

14  or chauffeur's license shall be made in a manner prescribed by

 

15  the secretary of state and shall contain all of the following:

 

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

 

17  residence address, height, sex, eye color, signature, intent to

 

18  make an anatomical gift, other information required or permitted

 

19  on the license under this chapter, and, only to the extent

 

20  required to comply with federal law, the applicant's social

 

21  security number. The applicant may provide a mailing address if

 

22  the applicant receives mail at an address different from his or

 

23  her residence address.

 

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

 

25  the applicant shall provide documents demonstrating his or her

 

26  legal presence in the United States. A person legally present in

 

27  the United States includes, but is not limited to, a person

 

 1  authorized by the United States government for employment in the

 

 2  United States, a person with nonimmigrant status authorized under

 

 3  federal law, and a person who is the beneficiary of an approved

 

 4  immigrant visa petition or an approved labor certification. The

 

 5  secretary of state shall adopt rules under the administrative

 

 6  procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, as are

 

 7  necessary for the administration of this subdivision. A

 

 8  determination by the secretary of state that an applicant is not

 

 9  legally present in the United States may be appealed under

 

10  section 631 of the revised judicature act of 1961, 1961 PA 236,

 

11  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

 

15  secretary of state is required to use the residence address

 

16  provided on this application as the applicant's residence address

 

17  on the qualified voter file for voter registration and voting:

 

 

18       "NOTICE: Michigan law requires that the same address

19       be used for voter registration and driver license

20       purposes. Therefore, if the residence address

21       you provide in this application differs from your

22       voter registration address as it appears on the

23       qualified voter file, the secretary of state

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

 

 9  license with a vehicle group designation or indorsement, the

 

10  names of all states where the applicant has been licensed to

 

11  drive any type of motor vehicle during the previous 10 years.

 

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

 

13  vehicle group designation or indorsement, the following

 

14  certifications by the applicant:

 

15        (i) The applicant meets the applicable federal driver

 

16  qualification requirements under 49 CFR part 391 if the applicant

 

17  operates or intends to operate in interstate commerce or meets

 

18  the applicable qualifications of the department of state police

 

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

 

20  480.11 to 480.25, if the applicant operates or intends to operate

 

21  in intrastate commerce.

 

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

 

23  skills tests is representative of the type of vehicle the

 

24  applicant operates or intends to operate.

 

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

 

 2  United States secretary of transportation, or a suspension,

 

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

 

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

 

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

 

 6  than 1 state or jurisdiction.

 

 7        (e) (f) An applicant for an operator's or chauffeur's

 

 8  license with a vehicle group designation and a hazardous material

 

 9  indorsement shall provide his or her fingerprints as prescribed

 

10  by state and federal law.

 

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

 

12  may have his or her image and signature captured or reproduced

 

13  when the application for the license is made. The secretary of

 

14  state shall acquire equipment purchased or leased under this

 

15  section under standard purchasing procedures of the department of

 

16  management and budget based on standards and specifications

 

17  established by the secretary of state. The secretary of state

 

18  shall not purchase or lease equipment until an appropriation for

 

19  the equipment has been made by the legislature. A digital

 

20  photographic image and signature captured under this section

 

21  shall appear on the applicant's operator's license or chauffeur's

 

22  license. A person's digital photographic image shall be used as

 

23  follows:

 

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

 

25  law enforcement purpose authorized by law.

 

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

 

27  authorized by law.

 

 1        (c) By the secretary of state for forwarding to the

 

 2  department of state police the images to persons required to be

 

 3  registered under the sex offenders registration act, 1994 PA 295,

 

 4  MCL 28.721 to 28.736, upon the department of state police

 

 5  providing the secretary of state an updated list of the names of

 

 6  those persons.

 

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

 

 8  the United States.

 

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

 

10  and certification by the applicant, as determined by the

 

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

 

12  The secretary of state shall collect the application fee with the

 

13  application. The secretary of state shall refund the application

 

14  fee to the applicant if the license applied for is denied, but

 

15  shall not refund the fee to an applicant who fails to complete

 

16  the examination requirements of the secretary of state within 90

 

17  days after the date of application for a license.

 

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

 

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

 

20  all of the following:

 

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

 

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

 

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

 

24  310.

 

25        (ii) Information describing the anatomical gift donor

 

26  registry program under part 101 of the public health code, 1978

 

27  PA 368, MCL 333.10101 to 333.10123. The information required

 

 1  under this subparagraph includes the address and telephone number

 

 2  of Michigan's federally designated organ procurement organization

 

 3  or its successor organization as defined in section 10102 of the

 

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

 

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

 

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

 

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

 

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

 

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

 

10  accordance with section 310.

 

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

 

12  secretary of state under this section a willingness to have his

 

13  or her name placed on the donor registry described in subdivision

 

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

 

15  for the donor registry.

 

16        (d) Provide the applicant with the opportunity to make a

 

17  donation of $1.00 or more to the organ and tissue donation

 

18  education fund created under section 217o. A donation made under

 

19  this subdivision shall be deposited in the state treasury to the

 

20  credit of the organ and tissue donation education fund.

 

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

 

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

 

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

 

24  for an operator's or chauffeur's license renewal or the issuance

 

25  of an operator's or chauffeur's license.

 

26        (b) Providing printed material to an applicant who

 

27  personally appears at a secretary of state branch office.

 

 1        (c) Through electronic information transmittals for

 

 2  operator's and chauffeur's licenses processed by electronic

 

 3  means.

 

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

 

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

 

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

 

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

 

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

 

 9  obtained by the secretary of state under subsection (4) and

 

10  forwarded under subsection (14) is exempt from disclosure under

 

11  section 13(1)(d) of the freedom of information act, 1976 PA 442,

 

12  MCL 15.243.

 

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

 

14  licensed in another jurisdiction, the secretary of state shall

 

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

 

16  available information from the national driver register. When

 

17  received, the driving record and other available information

 

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

 

19        (8) If an application is received for an original, renewal,

 

20  or upgrade of a vehicle group designation or indorsement, the

 

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

 

22  record from all states where the applicant was previously

 

23  licensed to drive any type of motor vehicle over the last 10

 

24  years before issuing a vehicle group designation or indorsement

 

25  to the applicant. If the applicant does not hold a valid

 

26  commercial motor vehicle driver license from a state where he or

 

27  she was licensed in the last 10 years, this complete driving

 

 1  record request must be made not earlier than 24 hours before the

 

 2  secretary of state issues the applicant a vehicle group

 

 3  designation or indorsement. For all other drivers, this request

 

 4  must be made not earlier than 10 days before the secretary of

 

 5  state issues the applicant a vehicle group designation or

 

 6  indorsement. The secretary of state shall also check the

 

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

 

 8  the federal commercial driver license information system before

 

 9  issuing that group designation or indorsement. If the application

 

10  is for the renewal of a vehicle group designation or indorsement,

 

11  and if the secretary of state enters on the person's historical

 

12  driving record maintained under section 204a a notation that the

 

13  request was made and the date of the request, the secretary of

 

14  state is required to request the applicant's complete driving

 

15  record from other states only once under this section.

 

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

 

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

 

18  of state may issue a renewal operator's or chauffeur's license

 

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

 

20  determined to be legally present under this section 307 by mail

 

21  or by other methods prescribed by the secretary of state. The

 

22  secretary of state may check the applicant's driving record

 

23  through the national driver register and the commercial driver

 

24  license information system before issuing a license under this

 

25  section. The secretary of state shall issue a renewal license

 

26  only in person if the person is a person required under section

 

27  5a of the sex offenders registration act, 1994 PA 295, MCL

 

 1  28.725a, to maintain a valid operator's or chauffeur's license or

 

 2  official state personal identification card. If a license is

 

 3  renewed by mail or by other method, the secretary of state shall

 

 4  issue evidence of renewal to indicate the date the license

 

 5  expires in the future. The department of state police shall

 

 6  provide to the secretary of state updated lists of persons

 

 7  required under section 5a of the sex offenders registration act,

 

 8  1994 PA 295, MCL 28.725a, to maintain a valid operator's or

 

 9  chauffeur's license or official state personal identification

 

10  card.

 

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

 

12  information manual to an applicant explaining how to obtain a

 

13  vehicle group designation or indorsement. The manual shall

 

14  contain the information required under 49 CFR part 383.

 

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

 

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

 

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

 

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

 

19  and state law and rules related to this chapter.

 

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

 

21  social security act, 42 USC 666, in connection with matters

 

22  relating to paternity, child support, or overdue child support.

 

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

 

24  national driver register and the commercial driver license

 

25  information system when issuing a license under this act.

 

26        (d) With the department of community health, for comparison

 

27  with vital records maintained by the department of community

 

 1  health under part 28 of the public health code, 1978 PA 368, MCL

 

 2  333.2801 to 333.2899.

 

 3        (e) As otherwise required by law.

 

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

 

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

 

 6  license.

 

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

 

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

 

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

 

10  social security number.

 

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

 

12  1978 PA 368, MCL 333.10120, the secretary of state shall maintain

 

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

 

14  including, but not limited to, the transfer of data to this

 

15  state's federally designated organ procurement organization or

 

16  its successor organization, tissue banks, and eye banks, in a

 

17  manner that complies with that section.

 

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

 

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

 

20  may enter into agreements with the United States government to

 

21  verify whether an applicant for an operator's license or a

 

22  chauffeur's license under this section who is not a citizen of

 

23  the United States is authorized under federal law to be present

 

24  in the United States.

 

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

 

26  license or a chauffeur's license to a person holding an

 

27  operator's license or chauffeur's license issued by another state

 

 1  without confirmation that the person is terminating or has

 

 2  terminated the operator's license or chauffeur's license issued

 

 3  by the other state.

 

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

 

 5        (a) Ensure the physical security of locations where

 

 6  operator's licenses and chauffeur's licenses are produced and the

 

 7  security of document materials and papers from which operator's

 

 8  licenses and chauffeur's licenses are produced.

 

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

 

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

 

11  have the ability to affect the identity information that appears

 

12  on operator's licenses or chauffeur's licenses to appropriate

 

13  security clearance requirements. The security requirements of

 

14  this subdivision and subdivision (a) may require that licenses be

 

15  manufactured or produced in this state.

 

16        (c) Provide fraudulent document recognition programs to

 

17  department of state employees engaged in the issuance of

 

18  operator's licenses and chauffeur's licenses.

 

19        Sec. 315. (1) An operator or chauffeur who changes his or

 

20  her residence before the expiration of a license granted under

 

21  this chapter shall immediately notify the secretary of state of

 

22  his or her new residence address. A change of address

 

23  notification shall be in a manner prescribed by the secretary of

 

24  state and may include notification by personally appearing at a

 

25  branch office of the secretary of state or other location

 

26  designated by the secretary of state, or a notification by mail,

 

27  telephone, electronically, by submitting a voter registration

 

 1  application unless the person registers to vote in a city,

 

 2  village, or township that prohibits the operation of motor

 

 3  vehicles by law or ordinance, or by any other means prescribed by

 

 4  the secretary of state. The secretary of state shall provide the

 

 5  person changing his or her residence address the notice required

 

 6  by section 307(1)(c) that, under sections 509o and 509r of the

 

 7  Michigan election law, 1954 PA 116, MCL 168.509o and 168.509r,

 

 8  the secretary of state is required to use the residence address

 

 9  provided on this change of address application as the person's

 

10  residence address on the qualified voter file for voter

 

11  registration and voting. However, a A person may submit to the

 

12  secretary of state a mailing address that is different than his

 

13  or her residence address.

 

14        (2) Upon receiving a change of address notification, the

 

15  secretary of state shall change the person's driver license

 

16  record to indicate the new residence address. The secretary of

 

17  state shall provide the person with a new license or a label or

 

18  some other mechanism containing the new residence address. Upon

 

19  receipt of the label or other mechanism, the person shall affix

 

20  the label or mechanism to his or her operator's or chauffeur's

 

21  license as prescribed by the secretary of state. If the secretary

 

22  of state furnished the person with a new license, the person

 

23  shall destroy his or her old license and replace it with the new

 

24  license.

 

25        (3) If a person fails to report a change of his or her

 

26  residence address as required under this section and subsequently

 

27  there is no response to a notice mailed to the residence address

 

 1  shown by the record of the secretary of state or if the person

 

 2  has provided the secretary of state a mailing address different

 

 3  from his or her residence address and there is no response to a

 

 4  notice mailed to that mailing address, the secretary of state may

 

 5  immediately suspend or revoke his or her license. A person who

 

 6  fails to report a change of his or her residence address is

 

 7  responsible for a civil infraction.

 

 8        (4) A person shall not knowingly report a change of address

 

 9  to the secretary of state for himself or herself that is not his

 

10  or her residence address. A person shall not knowingly report a

 

11  change of address to the secretary of state for another person

 

12  without the consent of the other person. A person who is

 

13  convicted of a violation of this subsection is guilty of a

 

14  misdemeanor punishable by imprisonment for not more than 93 days

 

15  or a fine of $1,000.00, or both. Upon receiving the abstract of a

 

16  conviction under this subsection, the secretary of state may

 

17  suspend the person's operator's or chauffeur's license for 6

 

18  months. The secretary of state shall not issue a restricted

 

19  license to the person during the suspension.

 

20        (5) Upon a second or subsequent conviction under subsection

 

21  (4), a person is guilty of a misdemeanor punishable by

 

22  imprisonment for not more than 93 days or a fine of $5,000.00, or

 

23  both. Upon receiving the abstract of a second or subsequent

 

24  conviction under subsection (4), the secretary of state shall

 

25  revoke the person's operator's or chauffeur's license.

 

26        (6) The suspension or revocation of an operator's or

 

27  chauffeur's license under subsection (4) or (5) is not appealable

 

 1  under section 323.