Bill Text: MI HB4928 | 2015-2016 | 98th Legislature | Introduced


Bill Title: Traffic control; driver license; declaration of United States citizenship on operator's or chauffeur's license application; require for automatic voter registration. Amends sec. 307 of 1949 PA 300 (MCL 257.307). TIE BAR WITH: HB 4927'15

Spectrum: Partisan Bill (Democrat 36-0)

Status: (Introduced - Dead) 2015-10-06 - Printed Bill Filed 10/02/2015 [HB4928 Detail]

Download: Michigan-2015-HB4928-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4928

 

October 1, 2015, Introduced by Reps. Plawecki, Wittenberg, Hoadley, Derek Miller, Liberati, Rutledge, Cochran, Yanez, Chirkun, Dianda, Darany, Greig, Neeley, Phelps, Brinks, Brunner, Smiley, Byrd, Gay-Dagnogo, Love, Talabi, Zemke, Pagan, LaVoy, Robinson, Banks, Geiss, Garrett, Sarah Roberts, Chang, Faris, Schor, Durhal, Moss, Lane and Kosowski and referred to the Committee on Elections.

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

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

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 307. (1) If an applicant for an operator's license or

 

 2  chauffeur's license to operate a noncommercial motor vehicle is a

 

 3  citizen of the United States, the applicant shall supply a

 

 4  photographic identity document, a birth certificate, or other

 

 5  sufficient documents as the secretary of state may require, to

 

 6  verify the identity and citizenship of the applicant. If an

 

 7  applicant for an operator's or chauffeur's license is not a

 

 8  citizen of the United States, the applicant shall supply a

 

 9  photographic identity document and other sufficient documents to

 

10  verify the identity of the applicant and the applicant's legal

 

11  presence in the United States under subdivision (b). The


 

 1  documents required under this subsection shall include the

 

 2  applicant's full legal name, date of birth, and address and

 

 3  residency and demonstrate that the applicant is a citizen of the

 

 4  United States or is legally present in the United States. If the

 

 5  applicant's full legal name differs from the name of the

 

 6  applicant that appears on a document presented under this

 

 7  subsection, the applicant shall present documents to verify his

 

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

 

 9  accept as 1 of the required identification documents an

 

10  identification card issued by the department of corrections to

 

11  prisoners who are placed on parole or released from a

 

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

 

13  photograph, and other information identifying the prisoner as

 

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

 

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

 

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

 

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

 

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

 

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

 

20  make an anatomical gift, other information required or permitted

 

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

 

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

 

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

 

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

 

25  her residence address.

 

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

 

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


 

 1  documents demonstrating his or her legal presence in the United

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

10  1961 PA 236, MCL 600.631.

 

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

 

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

 

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

 

14  secretary of state is required to use the residence address

 

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

 

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

 

 

17        "NOTICE: Michigan law requires that the same address

18        be used for voter registration and driver license

19        purposes. Therefore, if the residence address

20        you provide in this application differs from your

21        voter registration address as it appears on the

22        qualified voter file, the secretary of state

23        will automatically change your voter registration

24        to match the residence address on this application,

25        after which your voter registration at your former

26        address will no longer be valid for voting purposes.

27        A new voter registration card, containing the


       information of your polling place, will be provided

       to you by the clerk of the jurisdiction where your

       residence address is located.".

 

 

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

 

 5  license with a vehicle group designation or indorsement, the

 

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

 

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

 

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

 

 9  group designation or indorsement, the following certifications by

 

10  the applicant:

 

11        (i) The applicant meets the applicable federal driver

 

12  qualification requirements under 49 CFR parts 383 and 391 or

 

13  meets the applicable qualifications of the department of state

 

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

 

15  MCL 480.11 to 480.25.

 

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

 

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

 

18  applicant operates or intends to operate.

 

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

 

20  United States Secretary of Transportation, or a suspension,

 

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

 

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

 

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

 

24  than 1 state or jurisdiction.

 

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

 

26  with a vehicle group designation and a hazardous material

 


 1  indorsement shall provide his or her fingerprints as prescribed

 

 2  by state and federal law.

 

 3        (g) For automatic voter registration purposes under section

 

 4  493a of the Michigan election law, 1954 PA 116, MCL 168.493a, an

 

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

 

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

 

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

 

 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 a person applies for a commercial learner's permit

 

12  for an original vehicle group designation or indorsement to

 

13  operate a commercial motor vehicle, the secretary of state may

 

14  verify the person's identity, may require proof of Michigan

 

15  domicile under 49 CFR 383.5, and may verify the person's proof of

 

16  United States citizenship or proof of lawful permanent residency

 

17  as required under 49 CFR 383.71 and 383.73, if that information

 

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

 

19  applies for a renewal of an operator's or chauffeur's license to

 

20  operate a commercial motor vehicle, the secretary of state may

 

21  verify the person's identity, may require proof of Michigan

 

22  domicile under 49 CFR 383.5, and may verify the person's proof of

 

23  citizenship or lawful permanent residency under 49 CFR 383.71 and

 

24  383.73, if that information is not on the person's Michigan

 

25  driving record. If a person applies for an upgrade of a vehicle

 

26  group designation or indorsement, the secretary of state may

 

27  verify the person's identity, may require proof of Michigan

 


 1  domicile under 49 CFR 383.5, and may verify the person's proof of

 

 2  citizenship or lawful permanent residency under 49 CFR 383.71 and

 

 3  383.73, if that information is not on the person's Michigan

 

 4  driving record. The secretary of state shall request the person's

 

 5  complete driving record from all states where the applicant was

 

 6  previously licensed to drive any type of motor vehicle over the

 

 7  last 10 years before issuing a vehicle group designation or

 

 8  indorsement to the applicant. If the applicant does not hold a

 

 9  valid commercial motor vehicle driver license from a state where

 

10  he or she was licensed in the last 10 years, this complete

 

11  driving record request must be made not earlier than 24 hours

 

12  before the secretary of state issues the applicant a vehicle

 

13  group designation or indorsement. For all other drivers, this

 

14  request must be made not earlier than 10 days before the

 

15  secretary of state issues the applicant a vehicle group

 

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

 

17  of a vehicle group designation or indorsement, and if the

 

18  secretary of state enters on the person's driving record

 

19  maintained under section 204a a notation that the request was

 

20  made and the date of the request, the secretary of state is

 

21  required to request the applicant's complete driving record from

 

22  other states only once under this section. The secretary of state

 

23  shall also check the applicant's driving record with the national

 

24  driver register and the federal commercial driver license

 

25  information system before issuing that group designation or

 

26  indorsement.

 

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

 


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

 

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

 

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

 

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

 

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

 

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

 

 7  national driver register and the commercial driver license

 

 8  information system before issuing a license under this section.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

17  secretary of state updated lists of persons required under

 

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

 

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

 

20  license or official state personal identification card.

 

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

 

22  information manual to an applicant explaining how to obtain a

 

23  vehicle group designation or indorsement. The manual shall

 

24  contain the information required under 49 CFR part 383.

 

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

 

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

 

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

 


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

 

 2  and state law and rules related to this chapter.

 

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

 

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

 

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

 

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

 

 7  national driver register and the commercial driver license

 

 8  information system when issuing a license under this act.

 

 9        (d) With the department of community health and human

 

10  services, for comparison with vital records maintained by the

 

11  department of community health and human services under part 28

 

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

 

13        (e) As otherwise required by law.

 

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

 

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

 

16  license.

 

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

 

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

 

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

 

20  social security number.

 

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

 

22  1978 PA 368, MCL 333.10120, the secretary of state shall maintain

 

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

 

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

 

25  state's federally designated organ procurement organization or

 

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

 

27  manner that complies with that section.

 


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

 

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

 

 3  may enter into agreements with the United States government to

 

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

 

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

 

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

 

 7  in the United States.

 

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

 

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

 

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

 

11  without confirmation that the person is terminating or has

 

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

 

13  by the other state.

 

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

 

15        (a) Ensure the physical security of locations where

 

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

 

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

 

18  licenses and chauffeur's licenses are produced.

 

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

 

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

 

21  have the ability to affect the identity information that appears

 

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

 

23  security clearance requirements. The security requirements of

 

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

 

25  manufactured or produced in this state.

 

26        (c) Provide fraudulent document recognition programs to

 

27  department of state employees engaged in the issuance of

 


 1  operator's licenses and chauffeur's licenses.

 

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

 

 3  prisoner information maintained by the department of corrections

 

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

 

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

 

 6  (1).

 

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

 

 8  after the date it is enacted into law.

 

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

 

10  unless Senate Bill No. ____ or House Bill No. 4927 (request no.

 

11  02753'15) of the 98th Legislature is enacted into law.

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