Bill Text: MI HB4619 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Traffic control; driver license; issuance of dream act driver license; require. Amends sec. 307 of 1949 PA 300 (MCL 257.307).

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2013-04-25 - Printed Bill Filed 04/25/2013 [HB4619 Detail]

Download: Michigan-2013-HB4619-Introduced.html

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HOUSE BILL No. 4619

 

April 24, 2013, Introduced by Reps. Singh, Tlaib, Irwin, Zemke, Dillon, Knezek, Schor and Ananich and referred to the Committee on Transportation and Infrastructure.

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 307 (MCL 257.307), as amended by 2012 PA 55.

 

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

 

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

 

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

 

 8  shall supply a photographic identity document and other

 

 9  sufficient documents to verify the identity of the applicant and

 

 1  the applicant's legal presence or deferred status in the United

 

 2  States under subdivision (b). The documents required under this

 

 3  subsection shall include the applicant's full legal name, date of

 

 4  birth, and address and residency and demonstrate that the

 

 5  applicant is a citizen of the United States, or is legally

 

 6  present in the United States, or has deferred status in the

 

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

 

 8  the name of the applicant that appears on a document presented

 

 9  under this subsection, the applicant shall present documents to

 

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

 

11  shall accept as 1 of the required identification documents an

 

12  identification card issued by the department of corrections to

 

13  prisoners who are placed on parole or released from a

 

14  correctional facility, containing the prisoner's legal name,

 

15  photograph, and other information identifying the prisoner as

 

16  provided in section 37(4) of the corrections code of 1953, 1953

 

17  PA 232, MCL 791.237. An application for an operator's or

 

18  chauffeur's license shall be made in a manner prescribed by the

 

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

 

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

 

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

 

22  make an anatomical gift, other information required or permitted

 

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

 

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

 

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

 

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

 

27  her residence address.

 

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

 

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

 

 3  documents demonstrating his or her legal presence in the United

 

 4  States or deferred status in the United States. Nothing in this

 

 5  act shall obligate or be construed to obligate this state to

 

 6  comply with title II of the real ID act of 2005, Public Law 109-

 

 7  13. The secretary of state may adopt rules under the

 

 8  administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

 9  24.328, as are necessary for the administration of this

 

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

 

11  applicant is not legally present in the United States or does not

 

12  have deferred status in the United States may be appealed under

 

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

 

14  MCL 600.631.

 

15        (c) The following notice shall 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

 

18  secretary of state is required to use the residence address

 

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

 

20  on the qualified 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

 

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        (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 if the

 

17  applicant operates or intends to operate in interstate commerce

 

18  or meets the applicable qualifications of the department of state

 

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

 

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

 

21  operate 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.

 

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

 

26  United States secretary of transportation, or a suspension,

 

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

 

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

 

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

 

 3  than 1 state or jurisdiction.

 

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

 

 5  with a vehicle group designation and a hazardous material

 

 6  indorsement shall provide his or her fingerprints as prescribed

 

 7  by state and federal law.

 

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

 

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

 

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

 

11  state shall acquire equipment purchased or leased under this

 

12  section under standard purchasing procedures of the department of

 

13  technology, management, and budget based on standards and

 

14  specifications established by the secretary of state. The

 

15  secretary of state shall not purchase or lease equipment until an

 

16  appropriation for the equipment has been made by the legislature.

 

17  A digital photographic image and signature captured under this

 

18  section shall appear on the applicant's operator's license or

 

19  chauffeur's license. A person's digital photographic image and

 

20  signature shall be used as follows:

 

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

 

22  law enforcement purpose authorized by law.

 

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

 

24  authorized by law.

 

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

 

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

 

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

 

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

 

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

 

 3  those persons.

 

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

 

 5  the United States.

 

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

 

 7  and certification by the applicant, as determined by the

 

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

 

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

 

10  application. The secretary of state shall refund the application

 

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

 

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

 

13  the examination requirements of the secretary of state within 90

 

14  days after the date of application for a license.

 

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

 

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

 

17  all of the following:

 

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

 

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

 

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

 

21  310.

 

22        (ii) Information describing the anatomical gift donor

 

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

 

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

 

25  under this subparagraph includes the address and telephone number

 

26  of Michigan's federally designated organ procurement organization

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 7  accordance with section 310.

 

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

 

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

 

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

 

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

 

12  for the donor registry.

 

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

 

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

 

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

 

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

 

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

 

18        (b) Providing printed material to an applicant who

 

19  personally appears at a secretary of state branch office.

 

20        (c) Through electronic information transmittals for

 

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

 

22  means.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 4  MCL 15.243.

 

 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

 

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

 

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

 

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

 

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

 

14  record from all states where the applicant was previously

 

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

 

16  years before issuing a vehicle group designation or indorsement

 

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

 

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

 

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

 

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

 

21  secretary of state issues the applicant a vehicle group

 

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

 

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

 

24  state issues the applicant a vehicle group designation or

 

25  indorsement. The secretary of state shall also check the

 

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

 

27  the federal commercial driver license information system before

 

 1  issuing that group designation or indorsement. If the application

 

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

 

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

 

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

 

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

 

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

 

 7  record from other states only once under this section.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

15  national driver register and the commercial driver license

 

16  information system before issuing a license under this section.

 

17  The secretary of state shall issue a renewal license only in

 

18  person if the person is a person required under section 5a of the

 

19  sex offenders registration act, 1994 PA 295, MCL 28.725a, to

 

20  maintain a valid operator's or chauffeur's license or official

 

21  state personal identification card. If a license is renewed by

 

22  mail or by other method, the secretary of state shall issue

 

23  evidence of renewal to indicate the date the license expires in

 

24  the future. The department of state police shall provide to the

 

25  secretary of state updated lists of persons required under

 

26  section 5a of the sex offenders registration act, 1994 PA 295,

 

27  MCL 28.725a, to maintain a valid operator's or chauffeur's

 

 1  license or official state personal identification card.

 

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

 

 3  information manual to an applicant explaining how to obtain a

 

 4  vehicle group designation or indorsement. The manual shall

 

 5  contain the information required under 49 CFR part 383.

 

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

 

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

 

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

 

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

 

10  and state law and rules related to this chapter.

 

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

 

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

 

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

 

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

 

15  national driver register and the commercial driver license

 

16  information system when issuing a license under this act.

 

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

 

18  with vital records maintained by the department of community

 

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

 

20  333.2801 to 333.2899.

 

21        (e) As otherwise required by law.

 

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

 

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

 

24  license.

 

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

 

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

 

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

 

 1  social security number.

 

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

 

 3  1978 PA 368, MCL 333.10120, the secretary of state shall maintain

 

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

 

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

 

 6  state's federally designated organ procurement organization or

 

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

 

 8  manner that complies with that section.

 

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

 

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

 

11  may enter into agreements with the United States government to

 

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

 

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

 

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

 

15  in the United States.

 

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

 

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

 

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

 

19  without confirmation that the person is terminating or has

 

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

 

21  by the other state.

 

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

 

23        (a) Ensure the physical security of locations where

 

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

 

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

 

26  licenses and chauffeur's licenses are produced.

 

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

 

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

 

 2  have the ability to affect the identity information that appears

 

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

 

 4  security clearance requirements. The security requirements of

 

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

 

 6  manufactured or produced in this state.

 

 7        (c) Provide fraudulent document recognition programs to

 

 8  department of state employees engaged in the issuance of

 

 9  operator's licenses and chauffeur's licenses.

 

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

 

11  prisoner information maintained by the department of corrections

 

12  for the purpose of verifying the identity of a prisoner who

 

13  applies for an operator's or chauffeur's license under subsection

 

14  (1).

 

15        (19) As used in this section, "deferred status" means that

 

16  the individual has been granted a deferral from prosecution for

 

17  unlawful status in the United States by the United States

 

18  department of homeland security through the federal executive

 

19  branch program known as deferred action for childhood arrivals

 

20  (DACA).