Bill Text: MI HB4410 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Traffic control: driver license; citizenship or legal presence requirement for obtaining a driver license; remove. Amends secs. 50a, 51a, 232, 302, 303, 307 & 314 of 1949 PA 300 (MCL 257.50a et seq.).
Spectrum: Partisan Bill (Democrat 29-0)
Status: (Introduced) 2023-04-19 - Bill Electronically Reproduced 04/13/2023 [HB4410 Detail]
Download: Michigan-2023-HB4410-Introduced.html
HOUSE BILL NO. 4410
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 50a, 51a, 232, 302, 303, 307, and 314 (MCL 257.50a, 257.51a, 257.232, 257.302, 257.303, 257.307, and 257.314), sections 50a and 51a as amended by 2008 PA 7, section 232 as amended by 2022 PA 223, section 302 as amended by 2018 PA 428, sections 303 and 307 as amended by 2020 PA 376, and section 314 as amended by 2021 PA 71.
the people of the state of michigan enact:
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Sec. 50a. "Residence address" means the place that is the
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settled home or domicile at which a person legally an individual resides as defined in section 11 of the Michigan election law, 1954 PA 116, MCL 168.11.
Sec. 51a. "Resident" means every person individual who resides in a settled or permanent home with the intention of remaining in this state. and establishes that he or she is legally present in the United States. This definition applies to the provisions of this act only. For purposes of this act, the citizenship or immigration status of an individual must not be considered in determining whether the individual is a resident of this state.
Sec. 232. (1) Upon request, the secretary of state may furnish a list of information from the records of the department maintained under this act to a federal, state, or local governmental agency for use in carrying out the agency's functions, or to a private person or entity acting on behalf of a governmental agency for use in carrying out the agency's functions. The secretary of state may charge the requesting agency a preparation fee to cover the cost of preparing and furnishing a list provided under this subsection if the cost of preparation exceeds $25.00, and use the revenues received from the service to defray necessary expenses. If the secretary of state sells a list of information under this subsection to a member of the state legislature, the secretary of state shall charge the same fee as the fee for the sale of information under subsection (2) unless the list of information is requested by the member of the legislature to carry out a legislative function. The secretary of state may require the requesting agency to furnish 1 or more blank computer tapes, cartridges, or other electronic media and may require the agency to execute a written memorandum of agreement as a condition of
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obtaining a list of information under this subsection.
(2) The secretary of state may contract for the sale of lists of driver and motor vehicle records and other records maintained under this act in bulk, in addition to those lists distributed at cost or at no cost under this section for purposes permitted by and described in section 208c(3). The secretary of state shall require each purchaser of records in bulk to execute a written purchase contract. Until October 1, 2023, the proceeds from each sale made under this subsection must be credited to the transportation administration collection fund created in section 810b. The secretary of state shall fix a price for the sale of lists or other records maintained in bulk, which may include personal information. The price per 1,000 records is based on the date the records are obtained and must not exceed $25.00 after January 1, 2023.
(3) The secretary of state or any other state agency shall not sell or furnish any list of information under subsection (2) for the purpose of surveys, marketing, or solicitations. The secretary of state shall not furnish any list of information under subsection (1) or (2) for the purposes of immigration enforcement. The secretary of state shall ensure that personal information disclosed in bulk will be used, rented, or sold solely for uses permitted under this act.
(4) The secretary of state may insert any safeguard the secretary considers reasonable or necessary, including a bond requirement, in a memorandum of agreement or purchase contract executed under this section, to ensure that the information provided or sold is used only for a permissible purpose and that the rights of individuals and of the department are protected.
(5) An authorized recipient of personal information disclosed
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under this section who that resells or rediscloses the information for any of the purposes permitted by and described in section 208c(3) shall do both of the following:
(a) Make and keep for a period of not less than 5 years records identifying each person who that received personal information from the authorized recipient and the permitted purpose for which it was obtained.
(b) Allow a representative of the secretary of state, upon request, to inspect and copy records identifying each person who that received personal information from the authorized recipient and the permitted purpose for which it was obtained.
(6) The secretary of state shall not disclose a list based on driving behavior or sanctions to a nongovernmental agency, including an individual.
Sec. 302. The following persons individuals are exempt from obtaining a license under this chapter:
(a) A person An individual serving in the Armed Forces of the United States if furnished with a driver's permit and operating an official motor vehicle in that service or a person an individual who is a military driver and operates a commercial motor vehicle for a military purpose. This exemption applies to active duty military personnel, members of the military reserves, active duty United States Coast Guard personnel, and members of the national guard while on active duty, including, but not limited to, personnel on full-time national guard duty, personnel on part-time national guard training, and national guard military technicians who are civilians required to wear military uniforms. This exemption does not apply to any of the following:
(i) United States reserve technicians.
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(ii) Except as otherwise provided in this subdivision, a person an individual who is a civilian and in the employ of the Armed Forces of the United States.
(b) A person An individual while driving or operating a road roller, a snow motor, road machinery, or a farm tractor or implement of husbandry temporarily drawn, moved, or propelled on a highway. , if the person is a citizen of the United States or is otherwise eligible to be issued an operator's license or chauffeur's license under section 307(1).
(c) A nonresident who is not less than 16 years of age and who has been licensed either as an operator or a chauffeur under a law requiring the licensing of operators or chauffeurs in his or her the nonresident's home state and who has in his or her the nonresident's immediate possession either a valid operator's or a valid chauffeur's license issued to him or her that nonresident in his or her the nonresident's home state.
(d) A nonresident who is over the age of 17 years, whose home state does not require the licensing of operators, may operate a motor vehicle as an operator only, for a period of not more than 90 days in any calendar year, if all either of the following apply:applies:
(i) The motor vehicle is registered in the home state or country of the nonresident.
(ii) The nonresident has in his or her the nonresident's immediate possession a registration card evidencing ownership and registration of the motor vehicle in his or her the nonresident's home state or country, or is able at any time or place required to prove lawful possession or the right to operate the motor vehicle and to establish his or her the nonresident's proper identity.
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(iii) The nonresident is a citizen of the United States or is otherwise eligible to be issued an operator's license or chauffeur's license under section 307(1).
(e) A person An individual who is a member of the Armed Forces of the United States on official leave, who on the date of his or her the individual's orders granting leave possessed an operator's or chauffeur's license, valid except for the expiration date of the license. This exemption applies only to the person's individual's first leave of absence following the expiration of his or her the individual's license and exempts the person individual from the provisions of this act for a period not to exceed 30 days.
(f) A person An individual who is a discharged member of the Armed Forces of the United States, who on the date of his or her the individual's discharge possesses an operator's or chauffeur's license, valid except for the expiration date, for a period not to exceed 30 days from date of discharge.
(g) A person An individual who is a member of the Armed Forces of the United States, stationed in this state, who resides in another state and has a valid license issued by the state in which he or she the individual resides.
(h) A person An individual while operating a commercial motor vehicle in the course of a driving test administered by a certified examiner appointed by the secretary of state and while accompanied by the examiner. , if the person is a citizen of the United States or is otherwise eligible to be issued an operator's license or chauffeur's license under section 307(1).
(i) A person An individual while operating a commercial motor vehicle who is not disqualified from operating a commercial motor vehicle and who holds a commercial driver license that is issued to
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him or her that individual by another state or jurisdiction under 49 CFR part 383.
(j) A person An individual with a mobility disability while operating a power-driven mobility device. This subdivision does not apply to a person an individual with a mobility disability while operating a power-driven mobility device on a street, road, or highway in this state.
Sec. 303. (1) The secretary of state shall not issue a license under this act to any of the following individuals:
(a) An individual, as an operator, who is less than 18 years of age, except as otherwise provided in this act.
(b) An individual, as a chauffeur, who is less than 18 years of age, except as otherwise provided in this act.
(c) An individual whose license is suspended, revoked, denied, or canceled in any state. If the suspension, revocation, denial, or cancellation is not from the jurisdiction that issued the last license to the individual, the secretary of state may issue a license after the expiration of 5 years from the effective date of the most recent suspension, revocation, denial, or cancellation.
(d) An individual who in the opinion of the secretary of state is afflicted with or suffering from a physical or mental disability or disease that prevents the individual from exercising reasonable and ordinary control over a motor vehicle while operating the motor vehicle on the highways.
(e) An individual who is unable to understand highway warning or direction signs in the English language.
(f) An individual who is unable to pass a knowledge, skill, or ability test administered by the secretary of state in connection with issuing an original operator's or chauffeur's license,
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original motorcycle indorsement, endorsement, or an original or renewal of a vehicle group designation or vehicle indorsement.endorsement.
(g) An individual who has been convicted of, has received a juvenile disposition for, or has been determined responsible for 2 or more moving violations under a law of this state, a local ordinance substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state within the preceding 3 years, if the violations occurred before issuance of an original license to the person individual in this state, another state, or another country.
(h) A nonresident, including, but not limited to, a foreign exchange student.
(i) An individual who has failed to answer a citation or notice to appear in court or for any matter pending or fails to comply with an order or judgment of the court, including, but not limited to, paying all fines, costs, fees, and assessments, in violation of section 321a, until that individual answers the citation or notice to appear in court or for any matter pending or complies with an order or judgment of the court, including, but not limited to, paying all fines, costs, fees, and assessments, as provided under section 321a.
(j) An individual not licensed under this act who has been convicted of, has received a juvenile disposition for, or has been determined responsible for a crime or civil infraction described in section 319, 324, or 904. An individual shall be denied a license under this subdivision for the length of time corresponding to the period of the licensing sanction that would have been imposed under section 319, 324, or 904 if the individual had been licensed at the
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time of the violation.
(k) An individual not licensed under this act who is determined to have violated section 624a or 624b. The individual shall be denied a license under this subdivision for a period of time that corresponds to the period of the licensing sanction that would have been imposed under those sections had the individual been licensed at the time of the violation.
(l) An individual whose commercial driver license application is canceled under section 324(2).
(m) Unless otherwise eligible under section 307(1), an individual who is not a citizen of the United States.
(2) On receiving the appropriate records of conviction, the secretary of state shall revoke the operator's or chauffeur's license of an individual and deny issuance of an operator's or chauffeur's license to an individual who has any of the following, whether under a law of this state, a local ordinance that substantially corresponds to a law of this state, a law of another state that substantially corresponds to a law of this state, or, beginning October 31, 2010, a law of the United States that substantially corresponds to a law of this state:
(a) Any combination of 2 convictions within 7 years for reckless driving in violation of section 626 before October 31, 2010 or, beginning October 31, 2010, 626(2).
(b) Any combination of 2 or more convictions within 7 years for any of the following:
(i) A felony in which a motor vehicle was used.
(ii) A violation or attempted violation of section 601b(2) or (3), section 601c(1) or (2), section 602a(4) or (5), section 617, section 653a(3) or (4), or section 904(4) or (5).
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(iii) Negligent homicide, manslaughter, or murder that results from the operation of a vehicle or an attempt to commit any of those crimes.
(iv) A violation or attempted violation of section 479a(4) or (5) of the Michigan penal code, 1931 PA 328, MCL 750.479a.
(c) Any combination of 2 convictions within 7 years for any of the following or a combination of 1 conviction for a violation or attempted violation of section 625(6) and 1 conviction for any of the following within 7 years:
(i) A violation or attempted violation of section 625, except a violation of section 625(2), or a violation of any prior enactment of section 625 in which the defendant operated a vehicle while under the influence of intoxicating or alcoholic liquor or a controlled substance, or a combination of intoxicating or alcoholic liquor and a controlled substance, or while visibly impaired, or with an unlawful bodily alcohol content.
(ii) A violation or attempted violation of section 625m.
(iii) A violation or attempted violation of former section 625b.
(d) One conviction for a violation or attempted violation of section 315(5), section 601b(3), section 601c(2), section 602a(4) or (5), section 617, section 625(4) or (5), section 653a(4), section 904(4) or (5), or, beginning October 31, 2010, section 626(3) or (4).
(e) One conviction of negligent homicide, manslaughter, or murder that results from the operation of a vehicle or an attempt to commit any of those crimes.
(f) One conviction for a violation or attempted violation of section 479a(4) or (5) of the Michigan penal code, 1931 PA 328, MCL 750.479a.
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(g) Any combination of 3 convictions within 10 years for any of the following or 1 conviction for a violation or attempted violation of section 625(6) and any combination of 2 convictions for any of the following within 10 years, if any of the convictions resulted from an arrest on or after January 1, 1992:
(i) A violation or attempted violation of section 625, except a violation of section 625(2), or a violation of any prior enactment of section 625 in which the defendant operated a vehicle while under the influence of intoxicating or alcoholic liquor or a controlled substance, or a combination of intoxicating or alcoholic liquor and a controlled substance, or while visibly impaired, or with an unlawful bodily alcohol content.
(ii) A violation or attempted violation of section 625m.
(iii) A violation or attempted violation of former section 625b.
(3) The secretary of state shall revoke a license under subsection (2) notwithstanding a court order unless the court order complies with section 323.
(4) Except as otherwise provided under section 304, the secretary of state shall not issue a license under this act to an individual whose license has been revoked under this act or revoked and denied under subsection (2) until all of the following occur, as applicable:
(a) The later of the following:
(i) The expiration of not less than 1 year after the license was revoked or denied.
(ii) The expiration of not less than 5 years after the date of a subsequent revocation or denial occurring within 7 years after the date of any prior revocation or denial.
(b) For a denial under subsection (2)(a), (b), (c), and (g),
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the individual rebuts by clear and convincing evidence the presumption that results from the prima facie evidence that he or she the individual is a habitual offender. The convictions that resulted in the revocation and denial constitute prima facie evidence that he or she the individual is a habitual offender.
(c) The individual meets the requirements of the department.
(5) The secretary of state shall deny issuing a vehicle group designation to an individual under either of the following circumstances:
(a) The individual has been disqualified by the United States Secretary of Transportation from operating a commercial motor vehicle.
(b) Beginning on and after January 30, 2012, the individual does not meet the requirements of the federal regulations under 49 CFR parts 383 and 391 by refusing to certify the type of commercial motor vehicle operation the individual intends to perform and, if required, fails to present to the secretary of state a valid medical certification.
(6) Multiple convictions or civil infraction determinations that result from the same incident must be treated as a single violation for purposes of denial or revocation of a license under this section.
(7) As used in this section, "felony in which a motor vehicle was used" means a felony during the commission of which the individual operated a motor vehicle and while operating the vehicle presented real or potential harm to individuals or property and 1 or more of the following circumstances existed:
(a) The vehicle was used as an instrument of the felony.
(b) The vehicle was used to transport a victim of the felony.
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(c) The vehicle was used to flee the scene of the felony.
(d) The vehicle was necessary for the commission of the felony.
Sec. 307. (1) If an An applicant for an operator's license or chauffeur's license to operate a noncommercial motor vehicle is a citizen of the United States, the applicant shall supply a photographic identity document, a birth certificate, or other sufficient documents or identification as the secretary of state may require, allow to verify the identity and citizenship of the applicant. If an applicant for an operator's or chauffeur's license is not a citizen of the United States, the applicant shall supply a photographic identity document and other sufficient documents to verify the identity of the applicant and the applicant's legal presence in the United States under subdivision (b). The documents required under this subsection must include the applicant's full legal name, date of birth, and address and residency and demonstrate that the applicant is a citizen of the United States or is legally present in the United States. If the applicant's full legal name differs from the name of the applicant that appears on a document presented under this subsection, the applicant shall present documents to verify his or her current full legal name. The secretary of state shall accept as 1 of the required identification documents an identification card issued by the department of corrections to prisoners who are placed on parole or released from a correctional facility, containing the prisoner's legal name, photograph, and other information identifying the prisoner as provided in section 37(4) of the corrections code of 1953, 1953 PA 232, MCL 791.237. An application for an operator's or chauffeur's license must be made in a manner prescribed by the secretary of
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state and must contain all of the following:
(a) The applicant's full legal name, date of birth, residence address, height, sex, eye color, signature, intent to make an anatomical gift, other information required or permitted on the license under this chapter, and, only to the extent required to comply with federal law, the applicant's Social Security number. The applicant may provide a mailing address if the applicant receives mail at an address different from his or her the applicant's residence address.
(b) If the applicant is not a citizen of the United States, the applicant shall provide, and the department shall verify, documents demonstrating his or her legal presence in the United States. Nothing in this act must obligate or be construed to obligate this state to comply with title II of the real ID act of 2005, Public Law 109-13. The secretary of state may adopt rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, as are necessary for the administration of this subdivision. A determination by the secretary of state that an applicant is not legally present in the United States may be appealed under section 631 of the revised judicature act of 1961, 1961 PA 236, MCL 600.631. The secretary of state shall not issue an operator's license or a chauffeur's license to an applicant described in this subdivision for a term that exceeds the duration of the applicant's legal presence in the United States.
(c) The following notice must be included to inform the applicant that under sections 509o and 509r of the Michigan election law, 1954 PA 116, MCL 168.509o and 168.509r, the secretary of state is required to use the residence address provided on this application as the applicant's residence address on the qualified
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voter file for voter registration and voting:
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"NOTICE: Michigan law requires that the same address |
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be used for voter registration and driver license |
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purposes. Therefore, if the residence address |
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you provide in this application differs from your |
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voter registration address as it appears on the |
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qualified voter file, the secretary of state |
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will automatically change your voter registration |
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to match the residence address on this application, |
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after which your voter registration at your former |
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address will no longer be valid for voting purposes. |
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A new voter registration card, containing the |
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information of your polling place, will be provided |
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to you by the clerk of the jurisdiction where your |
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residence address is located.". |
(d) For an original or renewal operator's or chauffeur's license with a vehicle group designation or indorsement, endorsement, the names of all states where the applicant has been licensed to drive any type of motor vehicle during the previous 10 years.
(e) For an operator's or chauffeur's license with a vehicle group designation or indorsement, endorsement, the following certifications by the applicant:
(i) The applicant meets the applicable federal driver qualification requirements under 49 CFR parts 383 and 391 or meets the applicable qualifications of the department of state police under the motor carrier safety act of 1963, 1963 PA 181, MCL 480.11 to 480.25.
(ii) The vehicle in which the applicant will take the driving
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skills tests is representative of the type of vehicle the applicant operates or intends to operate.
(iii) The applicant is not subject to disqualification by the United States Secretary of Transportation, or a suspension, revocation, or cancellation under any state law for conviction of an offense described in section 312f or 319b.
(iv) The applicant does not have a driver's driver license from more than 1 state or jurisdiction.
(f) An applicant for an operator's or chauffeur's license with a vehicle group designation and a hazardous material indorsement endorsement shall provide his or her the applicant's fingerprints as prescribed by state and federal law.
(g) For automatic voter registration purposes under section 493a of the Michigan election law, 1954 PA 116, MCL 168.493a, a space for the applicant to indicate on the application or change of address application whether he or she the applicant is a citizen of the United States.
(h) A space to allow the applicant to indicate that the applicant declines to use the application as a voter registration application.
(i) Beginning 180 days after the effective date of the amendatory act that added this subdivision, June 27, 2021, an applicant for an operator's or chauffeur's license who is a program participant in the address confidentiality program under the address confidentiality program act, 2020 PA 301, MCL 780.851 to 780.873, shall present to the secretary of state his or her the applicant's participation card issued under the address confidentiality program act, 2020 PA 301, MCL 780.851 to 780.873.
(2) An applicant for an operator's or chauffeur's license may
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have his or her the applicant's image and signature captured or reproduced when the application for the license is made. The secretary of state shall acquire equipment purchased or leased under this section under standard purchasing procedures of the department of technology, management, and budget based on standards and specifications established by the secretary of state. The secretary of state shall not purchase or lease equipment until an appropriation for the equipment has been made by the legislature. A digital photographic image and signature captured under this section must appear on the applicant's operator's license or chauffeur's license. An individual's digital photographic image and signature shall be used as follows:
(a) By a federal, state, or local governmental agency for a law enforcement purpose authorized by law.
(b) By the secretary of state for a use specifically authorized by law.
(c) By the secretary of state for forwarding to the department of state police the images of persons required to be registered under the sex offenders registration act, 1994 PA 295, MCL 28.721 to 28.736, 28.730, upon the department of state police providing the secretary of state an updated list of the names of those persons.
(d) By the secretary of state for forwarding to the department of state police as provided in section 5c of 1927 PA 372, MCL 28.425c.
(e) By the secretary of state for forwarding to the department of licensing and regulatory affairs the images of applicants for an official state registry identification card issued under section 6 of the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26426, if
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the department of licensing and regulatory affairs promulgates rules requiring a photograph as a design element for an official state registry identification card.
(f) As necessary to comply with a law of this state or of the United States.
(3) An application must contain a signature or verification and certification by the applicant, as determined by the secretary of state, and must be accompanied by the proper fee. The secretary of state shall collect the application fee with the application. The secretary of state shall refund the application fee to the applicant if the license applied for is denied, but shall not refund the fee to an applicant who fails to complete the examination requirements of the secretary of state within 90 days after the date of application for a license.
(4) In conjunction with the application for an original or renewal operator's license or chauffeur's license, the secretary of state shall do all of the following:
(a) If the applicant is not a participant in the anatomical gift donor registry program, specifically inquire, either orally or in writing, whether the applicant wishes to participate in the anatomical gift donor registry program under part 101 of the public health code, 1978 PA 368, MCL 333.10101 to 333.10123. If the secretary of state or an employee of the secretary of state fails to inquire whether an applicant wishes to participate in the anatomical gift donor registry program as required by this subdivision, neither the secretary of state nor the employee is civilly or criminally liable for the failure to make the inquiry.
(b) Provide the applicant with all of the following:
(i) Information explaining the applicant's right to make an
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anatomical gift in the event of death in accordance with section 310.
(ii) Information describing the anatomical gift donor registry program under part 101 of the public health code, 1978 PA 368, MCL 333.10101 to 333.10123. The information required under this subparagraph includes the address and telephone number of Michigan's federally designated organ procurement organization as that term is defined in section 10102 of the public health code, 1978 PA 368, MCL 333.10102, or its successor organization.
(iii) Information giving the applicant the opportunity to be placed on the donor registry described in subparagraph (ii).
(c) Provide the applicant with the opportunity to specify on his or her the applicant's operator's or chauffeur's license that he or she the applicant is willing to make an anatomical gift in the event of death in accordance with section 310.
(d) Inform the applicant that, if he or she the applicant indicates to the secretary of state under this section a willingness to have his or her the applicant's name placed on the donor registry described in subdivision (b)(ii), the secretary of state will mark the applicant's record for the donor registry.
(5) The secretary of state may fulfill the requirements of subsection (4) by 1 or more of the following methods:
(a) Providing printed material enclosed with a mailed notice for an operator's or chauffeur's license renewal or the issuance of an operator's or chauffeur's license.
(b) Providing printed material to an applicant who personally appears at a secretary of state branch office, or inquiring orally.
(c) Through electronic information transmittals for operator's and chauffeur's licenses processed by electronic means.
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(6) The secretary of state shall maintain a record of an individual who indicates a willingness to have his or her the individual's name placed on the donor registry described in subsection (4)(b)(ii). Information about an applicant's indication of a willingness to have his or her the applicant's name placed on the donor registry that is obtained by the secretary of state under subsection (4) and forwarded under subsection (14) is exempt from disclosure under section 13(1)(d) of the freedom of information act, 1976 PA 442, MCL 15.243. The secretary of state is not required to maintain a record of an individual who does not indicate a willingness to have his or her the individual's name placed on the donor registry described in subsection (4)(b)(ii) or an individual who does not respond to an inquiry under subsection (4)(a).
(7) If an application is received from an individual previously licensed in another jurisdiction, the secretary of state shall request a copy of the applicant's driving record and other available information from the National Driver Register. When received, the driving record and other available information become a part of the driver's record in this state.
(8) If an individual applies for a commercial learner's permit for an original vehicle group designation or indorsement endorsement to operate a commercial motor vehicle, the secretary of state may verify the individual's identity, may require proof of Michigan domicile under 49 CFR 383.5, and may verify the individual's proof of United States citizenship or proof of lawful permanent residency as required under 49 CFR 383.71 and 383.73, if that information is not on the individual's Michigan driving record. If an individual applies for a renewal of an operator's or
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chauffeur's license to operate a commercial motor vehicle, the secretary of state may verify the individual's identity, may require proof of Michigan domicile under 49 CFR 383.5, and may verify the individual's proof of citizenship or lawful permanent residency under 49 CFR 383.71 and 383.73, if that information is not on the individual's Michigan driving record. If an individual applies for an upgrade of a vehicle group designation or indorsement, endorsement, the secretary of state may verify the individual's identity, may require proof of Michigan domicile under 49 CFR 383.5, and may verify the individual's proof of citizenship or lawful permanent residency under 49 CFR 383.71 and 383.73, if that information is not on the individual's Michigan driving record. The secretary of state shall request the individual's complete driving record from all states where the applicant was previously licensed to drive any type of motor vehicle over the last 10 years before issuing a vehicle group designation or indorsement endorsement to the applicant. If the applicant does not hold a valid commercial motor vehicle driver license from a state where he or she the applicant was licensed in the last 10 years, this complete driving record request must be made not earlier than 24 hours before the secretary of state issues the applicant a vehicle group designation or indorsement. endorsement. For all other drivers, this request must be made not earlier than 10 days before the secretary of state issues the applicant a vehicle group designation or indorsement. endorsement. If the application is for the renewal of a vehicle group designation or indorsement, endorsement, and if the secretary of state enters on the individual's driving record maintained under section 204a a notation that the request was made and the date of the request, the
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secretary of state is required to request the applicant's complete driving record from other states only once under this section. The secretary of state shall also check the applicant's driving record with the National Driver Register and the federal Commercial Driver's License Information System before issuing that group designation or indorsement.endorsement.
(9) The secretary of state may issue a renewal operator's or chauffeur's license for 1 additional 4-year period or beginning on July 1, 2021, for 2 additional 4-year periods, or until the individual is no longer determined to be legally present under this section by mail or by other methods prescribed by the secretary of state. The secretary of state may check the applicant's driving record through the National Driver Register and the Commercial Driver's License Information System before issuing a license under this section. The secretary of state shall issue a renewal license only in person if the individual is an individual required under section 5a of the sex offenders registration act, 1994 PA 295, MCL 28.725a, to maintain a valid operator's or chauffeur's license or official state personal identification card. If a license is renewed by mail or by other method, the secretary of state shall issue evidence of renewal to indicate the date the license expires in the future. The department of state police shall provide to the secretary of state updated lists of individuals required under section 5a of the sex offenders registration act, 1994 PA 295, MCL 28.725a, to maintain a valid operator's or chauffeur's license or official state personal identification card.
(10) Upon request, the secretary of state shall provide an information manual to an applicant explaining how to obtain a vehicle group designation or indorsement. endorsement. The manual
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must contain the information required under 49 CFR part 383.
(11) The secretary of state shall not disclose a Social Security number obtained under subsection (1) to another person except for use for 1 or more of the following purposes:
(a) Compliance with 49 USC 31301 to 31317 and regulations and state law and rules related to this chapter.
(b) To carry out the purposes of section 466(a) of the social security act, 42 USC 666, in connection with matters relating to paternity, child support, or overdue child support.
(c) To check an applicant's driving record through the National Driver Register and the Commercial Driver's License Information System when issuing a license under this act.
(d) With the department of health and human services, for comparison with vital records maintained by the department of health and human services under part 28 of the public health code, 1978 PA 368, MCL 333.2801 to 333.2899.
(e) As otherwise required by law.
(12) The secretary of state shall not display an individual's Social Security number on the individual's operator's or chauffeur's license.
(13) A requirement under this section to include a Social Security number on an application does not apply to an applicant who demonstrates that he or she the applicant is exempt under law from obtaining or otherwise unable to obtain a Social Security number.
(14) As required in section 10120 of the public health code, 1978 PA 368, MCL 333.10120, the secretary of state shall maintain the donor registry in a manner that provides electronic access, including, but not limited to, the transfer of data to this state's
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federally designated organ procurement organization or its successor organization, tissue banks, and eye banks, in a manner that complies with that section.
(15) The secretary of state, with the approval of the state administrative board created under 1921 PA 2, MCL 17.1 to 17.3, may enter into agreements with the United States government to verify whether an applicant for an operator's license or a chauffeur's license under this section who is not a citizen of the United States is authorized under federal law to be present in the United States.
(15) (16) The secretary of state shall not issue an operator's license or a chauffeur's license to an individual holding an operator's license or chauffeur's license issued by another state without confirmation that the individual is terminating or has terminated the operator's license or chauffeur's license issued by the other state.
(16) (17) The secretary of state shall do all of the following:
(a) Ensure the physical security of locations where operator's licenses and chauffeur's licenses are produced and the security of document materials and papers from which operator's licenses and chauffeur's licenses are produced.
(b) Subject all persons authorized to manufacture or produce operator's licenses or chauffeur's licenses and all persons who have the ability to affect the identity information that appears on operator's licenses or chauffeur's licenses to appropriate security clearance requirements. The security requirements of this subdivision and subdivision (a) may require that licenses be manufactured or produced in this state.
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(c) Provide fraudulent document recognition programs to department of state employees engaged in the issuance of operator's licenses and chauffeur's licenses.
(17) (18) The secretary of state shall have electronic access to prisoner information maintained by the department of corrections for the purpose of verifying the identity of a prisoner who applies for an operator's or chauffeur's license under subsection (1).
Sec. 314. (1) Except as otherwise provided in this section, an operator's license and chauffeur's license expire on the birthday of the individual to whom the license is issued in the fourth year following the date of the issuance of the license, or on the date the individual is no longer considered to be legally present in the United States under section 307, whichever is earlier, unless suspended or revoked before that date. A license must not be issued for a period longer than 4 years. An individual holding a license at any time 12 months before the expiration of his or her the individual's license may apply for a new license as provided for in this chapter. A knowledge test for an original group designation or indorsement endorsement may be taken at any time during this period and the results are valid for 12 months. A license renewed under this subsection must be renewed for the time remaining on the license before its renewal combined with the 4-year renewal period.
(2) The first operator's license issued to an individual who at the time of application is less than 20-1/2 years of age expires on the licensee's twenty-first birthday, or on the date the individual is no longer considered to be legally present in the United States under section 307, whichever is earlier, unless suspended or revoked.
(3) The first chauffeur's license issued to an individual
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expires on the licensee's birthday in the fourth year following the date of issuance, or on the date the individual is no longer considered to be legally present in the United States under section 307, whichever is earlier, unless the license is suspended or revoked before that date. The chauffeur's license of an individual who at the time of application is less than 20-1/2 years of age expires on the licensee's twenty-first birthday, or on the date the individual is no longer considered to be legally present in the United States under section 307, whichever is earlier, unless suspended or revoked. A subsequent chauffeur's license expires on the birthday of the individual to whom the license is issued in the fourth year following the date of issuance of the license, or on the date the individual is no longer considered to be legally present in the United States under section 307, whichever is earlier, unless the license is suspended or revoked before that date.
(4) An individual may apply for an extension of his or her the individual's driving privileges if he or she the individual is out of state on the date that his or her the individual's operator's or chauffeur's license expires. The extension may extend the license for 180 days beyond the expiration date or not more than 2 weeks after the applicant returns to Michigan, whichever occurs first. This subsection does not apply to an individual who fails to meet the requirements of 49 CFR parts 383 and 391 with regard to medical certification documentation requirements.
(5) The secretary of state may issue a renewal operator's or chauffeur's license to an individual who will be out of state for more than 180 days beyond the expiration date of his or her the individual's operator's or chauffeur's license, if the secretary of
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state has a digital image of the individual on file. The applicant for this renewal shall submit a statement evidencing a vision examination in accordance with the rules promulgated by the secretary of state under section 309 and any other statement required by this act or federal law. An individual is not eligible for consecutive renewals of a license under this subsection. This subsection does not apply to an individual who fails to meet the requirements of 49 CFR parts 383 and 391 with regard to medical certification documentation requirements, or an individual with a hazardous material endorsement on his or her the individual's operator's or chauffeur's license.
(6) The secretary of state may check the applicant's driving record through the National Driver Register and the Commercial Driver's License Information System before issuing a renewal under this section.
(7) Notwithstanding the provisions of this section, an operator's or chauffeur's license that expires on or after March 1, 2020 is valid until March 31, 2021. Notwithstanding the provisions of this section, an operator's or chauffeur's license that expires after March 31, 2021 but before August 1, 2021 is valid until 120 days after the date of the expiration.
Enacting section 1. This amendatory act takes effect October 1, 2023.
