Bill Text: MI HB5270 | 2017-2018 | 99th Legislature | Introduced

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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 5268'17

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-11-29 - Bill Electronically Reproduced 11/28/2017 [HB5270 Detail]

Download: Michigan-2017-HB5270-Introduced.html

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HOUSE BILL No. 5270

 

 

November 28, 2017, Introduced by Reps. Gay-Dagnogo, Durhal, Zemke, Camilleri, Wittenberg, Byrd, Liberati, Cochran, Lasinski, Pagan, Geiss, Schor, Ellison, Sneller, Yanez, Green, Neeley, Moss, Scott, Brinks, LaGrand and Jones and referred to the Committee on Elections and Ethics.

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 307 (MCL 257.307), as amended by 2017 PA 32.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

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

 

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

 

 4  photographic identity document, a birth certificate, or other

 

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

 

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

 

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

 

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

 

 9  identity document and other sufficient documents to verify the

 1  identity of the applicant and the applicant's legal presence in the

 

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

 

 3  this subsection shall must include the applicant's full legal name,

 

 4  date of birth, and address and residency and demonstrate that the

 

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

 

 6  in the United States. If the applicant's full legal name differs

 

 7  from the name of the applicant that appears on a document presented

 

 8  under this subsection, the applicant shall present documents to

 

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

 

10  shall accept as 1 of the required identification documents an

 

11  identification card issued by the department of corrections to

 

12  prisoners who are placed on parole or released from a correctional

 

13  facility, containing the prisoner's legal name, photograph, and

 

14  other information identifying the prisoner as provided in section

 

15  37(4) of the corrections code of 1953, 1953 PA 232, MCL 791.237. An

 

16  application for an operator's or chauffeur's license shall must be

 

17  made in a manner prescribed by the secretary of state and shall

 

18  must contain all of the following:

 

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

 

20  address, height, sex, eye color, signature, intent to make an

 

21  anatomical gift, other information required or permitted on the

 

22  license under this chapter, and, only to the extent required to

 

23  comply with federal law, the applicant's social security number.

 

24  The applicant may provide a mailing address if the applicant

 

25  receives mail at an address different from his or her residence

 

26  address.

 

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

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

 

 2  documents demonstrating his or her legal presence in the United

 

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

 

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

 

 5  2005, Public Law 109-13. The secretary of state may adopt rules

 

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

 

 7  24.201 to 24.328, as are necessary for the administration of this

 

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

 

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

 

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

 

11  1961 PA 236, MCL 600.631.

 

12        (c) The following notice shall must 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 secretary

 

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

 

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

 

17  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
25		to match the residence address on this application,
26		after which your voter registration at your former
27		address will no longer be valid for voting purposes.

1		A new voter registration card, containing the
2		information of your polling place, will be provided
3		to you by the clerk of the jurisdiction where your
4		residence address is located.".

 

 

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

 

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

 

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

 

 8  type of motor vehicle during the previous 10 years.

 

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

 

10  group designation or indorsement, the following certifications by

 

11  the applicant:

 

12        (i) The applicant meets the applicable federal driver

 

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

 

14  the applicable qualifications of the department of state police

 

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

 

16  to 480.25.

 

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

 

18  28 skills tests is representative of the type of vehicle the

 

19  applicant operates or intends to operate.

 

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

 

21  United States Secretary of Transportation, or a suspension,

 

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

 

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

 

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

 

25  than 1 state or jurisdiction.

 

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

 

27  a vehicle group designation and a hazardous material indorsement

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

 

 2  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 may

 

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

 

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

 

11  acquire equipment purchased or leased under this section under

 

12  standard purchasing procedures of the department of technology,

 

13  management, and budget based on standards and specifications

 

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

 

15  not purchase or lease equipment until an appropriation for the

 

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

 

17  image and signature captured under this section shall must appear

 

18  on the applicant's operator's license or chauffeur's license. A

 

19  person's digital photographic image and signature shall be used as

 

20  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 department

 

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

 

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

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

 

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

 

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

 

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

 

 5  28.425c.

 

 6        (e) As necessary to comply with a law of this state or of the

 

 7  United States.

 

 8        (3) An application shall must contain a signature or

 

 9  verification and certification by the applicant, as determined by

 

10  the secretary of state, and shall must be accompanied by the proper

 

11  fee. The secretary of state shall collect the application fee with

 

12  the application. The secretary of state shall refund the

 

13  application fee to the applicant if the license applied for is

 

14  denied, but shall not refund the fee to an applicant who fails to

 

15  complete the examination requirements of the secretary of state

 

16  within 90 days after the date of application for a license.

 

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

 

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

 

19  state shall do all of the following:

 

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

 

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

 

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

 

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

 

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

 

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

 

26  to inquire whether an applicant wishes to participate in the

 

27  anatomical gift donor registry program as required by this

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

 

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

 

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

 

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

 

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

 

 6  310.

 

 7        (ii) Information describing the anatomical gift donor registry

 

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

 

 9  333.10101 to 333.10123. The information required under this

 

10  subparagraph includes the address and telephone number of

 

11  Michigan's federally designated organ procurement organization as

 

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

 

13  1978 PA 368, MCL 333.10102, or its successor organization.

 

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

 

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

 

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

 

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

 

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

 

19  accordance with section 310.

 

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

 

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

 

22  her name placed on the donor registry described in subdivision

 

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

 

24  for the donor registry.

 

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

 

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

 

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

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

 

 2  an operator's or chauffeur's license.

 

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

 

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

 

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

 

 6  and chauffeur's licenses processed by electronic means.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

17  name placed on the donor registry described in subsection

 

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

 

19  under subsection (4)(a).

 

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

 

21  licensed in another jurisdiction, the secretary of state shall

 

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

 

23  available information from the National Driver Register. When

 

24  received, the driving record and other available information become

 

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

 

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

 

27  an original vehicle group designation or indorsement to operate a

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

 

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

 

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

 

 4  citizenship or proof of lawful permanent residency as required

 

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

 

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

 

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

 

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

 

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

 

10  383.5, and may verify the person's proof of citizenship or lawful

 

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

 

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

 

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

 

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

 

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

 

16  383.5, and may verify the person's proof of citizenship or lawful

 

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

 

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

 

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

 

20  record from all states where the applicant was previously licensed

 

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

 

22  issuing a vehicle group designation or indorsement to the

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

11  the federal Commercial Driver's License Information System before

 

12  issuing that group designation or indorsement.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

20  National Driver Register and the Commercial Driver's License

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

 6  identification card.

 

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

 

 8  information manual to an applicant explaining how to obtain a

 

 9  vehicle group designation or indorsement. The manual shall must

 

10  contain the information required under 49 CFR part 383.

 

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

 

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

 

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

 

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

 

15  state law and rules related to this chapter.

 

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

 

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

 

18  paternity, child support, or overdue child support.

 

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

 

20  National Driver Register and the Commercial Driver's License

 

21  Information System when issuing a license under this act.

 

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

 

23  comparison with vital records maintained by the department of

 

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

 

25  1978 PA 368, MCL 333.2801 to 333.2899.

 

26        (e) As otherwise required by law.

 

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

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

 

 2  license.

 

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

 

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

 

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

 

 6  a social security number.

 

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

 

 8  1978 PA 368, MCL 333.10120, the secretary of state shall maintain

 

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

 

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

 

11  federally designated organ procurement organization or its

 

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

 

13  that complies with that section.

 

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

 

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

 

16  enter into agreements with the United States government to verify

 

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

 

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

 

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

 

20  States.

 

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

 

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

 

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

 

24  confirmation that the person is terminating or has terminated the

 

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

 

26  state.

 

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

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

 

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

 

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

 

 4  chauffeur's licenses are produced.

 

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

 

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

 

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

 

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

 

 9  clearance requirements. The security requirements of this

 

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

 

11  manufactured or produced in this state.

 

12        (c) Provide fraudulent document recognition programs to

 

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

 

14  licenses and chauffeur's licenses.

 

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

 

16  prisoner information maintained by the department of corrections

 

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

 

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

 

19        Enacting section 1. This amendatory act does not take effect

 

20  unless Senate Bill No. ____ or House Bill No.5268 (request no.

 

21  03541'17) of the 99th Legislature is enacted into law.