Bill Text: MI HB5473 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Traffic control; driver license; secretary of state to specifically inquire whether driver license applicant wishes to participate in organ donor registry; require, and prohibit issuance of license if applicant fails to respond. Amends sec. 307 of 1949 PA 300 (MCL 257.307).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-03-20 - Printed Bill Filed 03/16/2012 [HB5473 Detail]

Download: Michigan-2011-HB5473-Introduced.html

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HOUSE BILL No. 5473

 

March 15, 2012, Introduced by Rep. Irwin and referred to the Committee on Transportation.

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 307 (MCL 257.307), as amended by 2012 PA 26.

 

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

 

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

 

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

 

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

 

 3  address and residency and demonstrate that the applicant is a

 

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

 

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

 

 6  of the 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

28        information of your polling place, will be provided

1         to you by the clerk of the jurisdiction where your

2         residence address is located.".

 

 

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

 

 4  license with a vehicle group designation or indorsement, the

 

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

 

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

 

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

 

 8  group designation or indorsement, the following certifications by

 

 9  the applicant:

 

10        (i) The applicant meets the applicable federal driver

 

11  qualification requirements under 49 CFR parts 383 and 391 if the

 

12  applicant operates or intends to operate in interstate commerce

 

13  or 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, if the applicant operates or intends to

 

16  operate in intrastate commerce.

 

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

 

18  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

 

 1  with a vehicle group designation and a hazardous material

 

 2  indorsement shall provide his or her fingerprints as prescribed

 

 3  by state and federal law.

 

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

 

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

 

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

 

 7  state shall acquire equipment purchased or leased under this

 

 8  section under standard purchasing procedures of the department of

 

 9  management and budget based on standards and specifications

 

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

 

11  shall not purchase or lease equipment until an appropriation for

 

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

 

13  photographic image and signature captured under this section

 

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

 

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

 

16  follows:

 

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

 

18  law enforcement purpose authorized by law.

 

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

 

20  authorized by law.

 

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

 

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

 

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

 

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

 

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

 

26  those persons.

 

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

 

 1  the United States.

 

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

 

 3  and certification by the applicant, as determined by the

 

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

 

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

 

 6  application. The secretary of state shall refund the application

 

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

 

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

 

 9  the examination requirements of the secretary of state within 90

 

10  days after the date of application for a license.

 

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

 

12  renewal operator's license or chauffeur's license, the secretary

 

13  of state shall do all of the following:

 

14        (a) Specifically inquire, either orally or in writing,

 

15  whether the applicant wishes to participate in the anatomical

 

16  gift donor registry program under part 101 of the public health

 

17  code, 1978 PA 368, MCL 333.10101 to 333.10123.

 

18        (b) (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        (c) (b) Provide the applicant with the opportunity to

 

 5  specify on his or her operator's or chauffeur's license that he

 

 6  or she is willing to make an anatomical gift in the event of

 

 7  death in accordance with section 310.

 

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

 

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

 

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

 

11  subdivision (a)(ii) (b)(ii), the secretary of state will mark the

 

12  applicant's record for the donor registry.

 

13        (e) (d) Provide the applicant with the opportunity to make a

 

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

 

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

 

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

 

17  credit of the organ and tissue donation education fund.

 

18        (5) An applicant shall respond to the oral or printed

 

19  inquiry described under subsection (4)(a) with "yes", "no", or

 

20  "decline to answer". The secretary of state shall not issue an

 

21  original or renewal operator's or chauffeur's license if the

 

22  applicant fails to respond to the inquiry as described in this

 

23  subsection. The secretary of state may fulfill the requirements

 

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

 

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

 

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

 

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

 

 1        (b) Providing printed material to an applicant who

 

 2  personally appears at a secretary of state branch office,

 

 3  inquiring orally, or both.

 

 4        (c) Through electronic information transmittals for

 

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

 

 6  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)(a)(ii)

 

10  (4)(b)(ii). Information about an applicant's indication of a

 

11  willingness to have his or her name placed on the donor registry

 

12  that is obtained by the secretary of state under subsection (4)

 

13  and forwarded under subsection (14) is exempt from disclosure

 

14  under section 13(1)(d) of the freedom of information act, 1976 PA

 

15  442, MCL 15.243.

 

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

 

17  licensed in another jurisdiction, the secretary of state shall

 

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

 

19  available information from the national driver register. When

 

20  received, the driving record and other available information

 

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

 

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

 

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

 

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

 

25  record from all states where the applicant was previously

 

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

 

27  years before issuing a vehicle group designation or indorsement

 

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

 

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

 

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

 

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

 

 5  secretary of state issues the applicant a vehicle group

 

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

 

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

 

 8  state issues the applicant a vehicle group designation or

 

 9  indorsement. The secretary of state shall also check the

 

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

 

11  the federal commercial driver license information system before

 

12  issuing that group designation or indorsement. If the application

 

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

 

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

 

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

 

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

 

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

 

18  record from other states only once under this section.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

26  national driver register and the commercial driver license

 

27  information system before issuing a license under this section.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 9  secretary of state updated lists of persons required under

 

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

 

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

 

12  license or official state personal identification card.

 

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

 

14  information manual to an applicant explaining how to obtain a

 

15  vehicle group designation or indorsement. The manual shall

 

16  contain the information required under 49 CFR part 383.

 

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

 

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

 

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

 

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

 

21  and state law and rules related to this chapter.

 

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

 

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

 

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

 

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

 

26  national driver register and the commercial driver license

 

27  information system when issuing a license under this act.

 

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

 

 2  with vital records maintained by the department of community

 

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

 

 4  333.2801 to 333.2899.

 

 5        (e) As otherwise required by law.

 

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

 

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

 

 8  license.

 

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

 

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

 

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

 

12  social security number.

 

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

 

14  1978 PA 368, MCL 333.10120, the secretary of state shall maintain

 

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

 

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

 

17  state's federally designated organ procurement organization or

 

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

 

19  manner that complies with that section.

 

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

 

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

 

22  may enter into agreements with the United States government to

 

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

 

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

 

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

 

26  in the United States.

 

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

 

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

 

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

 

 3  without confirmation that the person is terminating or has

 

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

 

 5  by the other state.

 

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

 

 7        (a) Ensure the physical security of locations where

 

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

 

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

 

10  licenses and chauffeur's licenses are produced.

 

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

 

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

 

13  have the ability to affect the identity information that appears

 

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

 

15  security clearance requirements. The security requirements of

 

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

 

17  manufactured or produced in this state.

 

18        (c) Provide fraudulent document recognition programs to

 

19  department of state employees engaged in the issuance of

 

20  operator's licenses and chauffeur's licenses.

 

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

 

22  prisoner information maintained by the department of corrections

 

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

 

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

 

25  (1).