Bill Text: MI HB5687 | 2017-2018 | 99th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Traffic control; driver license; issuance of driver license for a term that exceeds an applicant's legal presence; prohibit, and require visual marking on driver license. Amends secs. 307 & 310 of 1949 PA 300 (MCL 257.307 & 257.310).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2018-06-12 - Assigned Pa 177'18 With Immediate Effect [HB5687 Detail]

Download: Michigan-2017-HB5687-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5687

 

 

March 6, 2018, Introduced by Reps. Griffin and Hornberger and referred to the Committee on Transportation and Infrastructure.

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 307 and 310 (MCL 257.307 and 257.310), section

 

307 as amended by 2017 PA 32 and section 310 as amended by 2016 PA

 

219.

 

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

 


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

 

 2  identity document and other sufficient documents to verify the

 

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

 

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

 

 5  this subsection shall include the applicant's full legal name, date

 

 6  of birth, and address and residency and demonstrate that the

 

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

 

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

 

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

 

10  under this subsection, the applicant shall present documents to

 

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

 

12  shall accept as 1 of the required identification documents an

 

13  identification card issued by the department of corrections to

 

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

 

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

 

16  other information identifying the prisoner as provided in section

 

17  37(4) of the corrections code of 1953, 1953 PA 232, MCL 791.237. An

 

18  application for an operator's or chauffeur's license shall be made

 

19  in a manner prescribed by the secretary of state and shall contain

 

20  all of the following:

 

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

 

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

 

23  anatomical gift, other information required or permitted on the

 

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

 

25  comply with federal law, the applicant's social security Social

 

26  Security number. The applicant may provide a mailing address if the

 

27  applicant receives mail at an address different from his or her


 1  residence address.

 

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

 

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

 

 4  documents demonstrating his or her legal presence in the United

 

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

 

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

 

 7  2005, Public Law 109-13. The secretary of state may adopt rules

 

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

 

 9  24.201 to 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 may be

 

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

 

13  1961 PA 236, MCL 600.631. The secretary of state shall not issue an

 

14  operator's license or a chauffeur's license to an applicant

 

15  described in this subdivision for a term that exceeds the duration

 

16  of the applicant's legal presence in the United States.

 

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

 

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

 

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

 

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

 

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

 

22  voter file for voter registration and voting:

 

 

23

"NOTICE: Michigan law requires that the same address

24

be used for voter registration and driver license

25

purposes. Therefore, if the residence address

26

you provide in this application differs from your

27

voter registration address as it appears on the


 1

qualified voter file, the secretary of state

 2

will automatically change your voter registration

 3

to match the residence address on this application,

 4

after which your voter registration at your former

 5

address will no longer be valid for voting purposes.

 6

A new voter registration card, containing the

 7

information of your polling place, will be provided

 8

to you by the clerk of the jurisdiction where your

 9

residence address is located.".

 

 

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

 

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

 

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

 

13  type of motor vehicle during the previous 10 years.

 

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

 

15  group designation or indorsement, the following certifications by

 

16  the applicant:

 

17        (i) The applicant meets the applicable federal driver

 

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

 

19  the applicable qualifications of the department of state police

 

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

 

21  to 480.25.

 

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

 

23  28 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 with

 

 5  a vehicle group designation and a hazardous material indorsement

 

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

 

 7  federal law.

 

 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 appear on the

 

18  applicant's operator's license or chauffeur's license. A person's

 

19  digital photographic image and signature shall be used as follows:

 

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

 

21  law enforcement purpose authorized by law.

 

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

 

23  authorized by law.

 

24        (c) By the secretary of state for forwarding to the department

 

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

 

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

 

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


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

 

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

 

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

 

 4  28.425c.

 

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

 

 6  United States.

 

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

 

 8  and certification by the applicant, as determined by the secretary

 

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

 

10  of state shall collect the application fee with the application.

 

11  The secretary of state shall refund the application fee to the

 

12  applicant if the license applied for is denied, but shall not

 

13  refund the fee to an applicant who fails to complete the

 

14  examination requirements of the secretary of state within 90 days

 

15  after the date of application for a license.

 

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

 

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

 

18  state shall do all of the following:

 

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

 

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

 

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

 

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

 

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

 

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

 

25  to inquire whether an applicant wishes to participate in the

 

26  anatomical gift donor registry program as required by this

 

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


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

 

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

 

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

 

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

 

 5  310.

 

 6        (ii) Information describing the anatomical gift donor registry

 

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

 

 8  333.10101 to 333.10123. The information required under this

 

 9  subparagraph includes the address and telephone number of

 

10  Michigan's federally designated organ procurement organization as

 

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

 

12  1978 PA 368, MCL 333.10102, or its successor organization.

 

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

 

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

 

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

 

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

 

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

 

18  accordance with section 310.

 

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

 

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

 

21  her name placed on the donor registry described in subdivision

 

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

 

23  for the donor registry.

 

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

 

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

 

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

 

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


 1  an operator's or chauffeur's license.

 

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

 

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

 

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

 

 5  and chauffeur's licenses processed by electronic means.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

16  name placed on the donor registry described in subsection

 

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

 

18  under subsection (4)(a).

 

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

 

20  licensed in another jurisdiction, the secretary of state shall

 

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

 

22  available information from the National Driver Register. When

 

23  received, the driving record and other available information become

 

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

 

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

 

26  an original vehicle group designation or indorsement to operate a

 

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


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

 

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

 

 3  citizenship or proof of lawful permanent residency as required

 

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

 

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

 

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

 

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

 

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

 

 9  383.5, and may verify the person's proof of citizenship or lawful

 

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

 

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

 

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

 

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

 

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

 

15  383.5, and may verify the person's proof of citizenship or lawful

 

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

 

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

 

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

 

19  record from all states where the applicant was previously licensed

 

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

 

21  issuing a vehicle group designation or indorsement to the

 

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

 

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

 

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

 

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

 

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

 

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


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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

10  the federal Commercial Driver's License Information System before

 

11  issuing that group designation or indorsement.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

19  National Driver Register and the Commercial Driver's License

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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


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

 

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

 

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

 

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

 

 5  identification card.

 

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

 

 7  information manual to an applicant explaining how to obtain a

 

 8  vehicle group designation or indorsement. The manual shall contain

 

 9  the information required under 49 CFR part 383.

 

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

 

11  security Social Security number obtained under subsection (1) to

 

12  another person except for use for 1 or more of the following

 

13  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 Social Security number on the person's operator's

 

 2  or chauffeur's license.

 

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

 

 4  security Social Security number on an application does not apply to

 

 5  an applicant who demonstrates that he or she is exempt under law

 

 6  from obtaining a social security 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        Sec. 310. (1) The secretary of state shall issue an operator's

 

20  license to each person licensed as an operator and a chauffeur's

 

21  license to each person licensed as a chauffeur. An applicant for a

 

22  motorcycle indorsement under section 312a or a vehicle group

 

23  designation or indorsement shall first qualify for an operator's or

 

24  chauffeur's license before the indorsement or vehicle group

 

25  designation application is accepted and processed. An original

 

26  license or the first renewal of an existing license issued to a

 

27  person less than 21 years of age shall be portrait or vertical in


 1  form and a license issued to a person 21 years of age or over shall

 

 2  be landscape or horizontal in form.

 

 3        (2) The license issued under subsection (1) shall contain all

 

 4  of the following:

 

 5        (a) The distinguishing number permanently assigned to the

 

 6  licensee.

 

 7        (b) The full legal name, date of birth, address of residence,

 

 8  height, eye color, sex, digital photographic image, expiration

 

 9  date, and signature of the licensee. If the license is issued to an

 

10  individual described in section 307(1)(b), the license shall be

 

11  visually marked indicating that it is issued for a term that

 

12  expires on the date the licensee is no longer considered to be

 

13  legally present in the United States.

 

14        (c) In the case of a licensee who has indicated his or her

 

15  wish to participate in the anatomical gift donor registry under

 

16  part 101 of the public health code, 1978 PA 368, MCL 333.10101 to

 

17  333.10123, a heart insignia on the front of the license.

 

18        (d) Physical security features designed to prevent tampering,

 

19  counterfeiting, or duplication of the license for fraudulent

 

20  purposes.

 

21        (e) If requested by an individual who is a veteran of the

 

22  armed forces of this state, another state, or the United States, a

 

23  designation that the individual is a veteran. The designation shall

 

24  be in a style and format considered appropriate by the secretary of

 

25  state. The secretary of state shall require proof of discharge or

 

26  separation of service from the armed forces of this state, another

 

27  state, or the United States, and the nature of that discharge, for


 1  the purposes of verifying an individual's status as a veteran under

 

 2  this subdivision. The secretary of state shall consult with the

 

 3  department of military and veterans affairs in determining the

 

 4  proof that shall be required to identify an individual's status as

 

 5  a veteran for the purposes of this subsection. The secretary of

 

 6  state may provide the department of military and veterans affairs

 

 7  and agencies of the counties of this state that provide veteran

 

 8  services with information provided by an applicant under this

 

 9  subsection for the purpose of veterans' benefits eligibility

 

10  referral. As used in this subdivision, "veteran" means that term as

 

11  defined in section 1 of 1965 PA 190, MCL 35.61.

 

12        (3) Except as otherwise required under this chapter, other

 

13  information required on the license pursuant to this chapter may

 

14  appear on the license in a form prescribed by the secretary of

 

15  state.

 

16        (4) The license shall not contain a fingerprint or finger

 

17  image of the licensee.

 

18        (5) A digitized license may contain an identifier for voter

 

19  registration purposes. The digitized license may contain

 

20  information appearing in electronic or machine readable codes

 

21  needed to conduct a transaction with the secretary of state. The

 

22  information shall be limited to the information described in

 

23  subsection (2)(a) and (b) except for the person's digital

 

24  photographic image and signature, state of issuance, license

 

25  expiration date, and other information necessary for use with

 

26  electronic devices, machine readers, or automatic teller machines

 

27  and shall not contain the driving record or other personal


 1  identifier. The license shall identify the encoded information.

 

 2        (6) The license shall be manufactured in a manner to prohibit

 

 3  as nearly as possible the ability to reproduce, alter, counterfeit,

 

 4  forge, or duplicate the license without ready detection. In

 

 5  addition, a license with a vehicle group designation shall contain

 

 6  the information required under 49 CFR part 383.

 

 7        (7) Except as provided in subsection (11), a person who

 

 8  intentionally reproduces, alters, counterfeits, forges, or

 

 9  duplicates a license photograph, the negative of the photograph,

 

10  image, license, or electronic data contained on a license or a part

 

11  of a license or who uses a license, image, or photograph that has

 

12  been reproduced, altered, counterfeited, forged, or duplicated is

 

13  subject to 1 of the following:

 

14        (a) If the intent of the reproduction, alteration,

 

15  counterfeiting, forging, duplication, or use is to commit or aid in

 

16  the commission of an offense that is a felony punishable by

 

17  imprisonment for 10 or more years, the person committing the

 

18  reproduction, alteration, counterfeiting, forging, duplication, or

 

19  use is guilty of a felony, punishable by imprisonment for not more

 

20  than 10 years or a fine of not more than $20,000.00, or both.

 

21        (b) If the intent of the reproduction, alteration,

 

22  counterfeiting, forging, duplication, or use is to commit or aid in

 

23  the commission of an offense that is a felony punishable by

 

24  imprisonment for less than 10 years or a misdemeanor punishable by

 

25  imprisonment for 6 months or more, the person committing the

 

26  reproduction, alteration, counterfeiting, forging, duplication, or

 

27  use is guilty of a felony, punishable by imprisonment for not more


 1  than 5 years, or a fine of not more than $10,000.00, or both.

 

 2        (c) If the intent of the reproduction, alteration,

 

 3  counterfeiting, forging, duplication, or use is to commit or aid in

 

 4  the commission of an offense that is a misdemeanor punishable by

 

 5  imprisonment for less than 6 months, the person committing the

 

 6  reproduction, alteration, counterfeiting, forging, duplication, or

 

 7  use is guilty of a misdemeanor punishable by imprisonment for not

 

 8  more than 1 year or a fine of not more than $2,000.00, or both.

 

 9        (8) Except as provided in subsections (11) and (16), a person

 

10  who sells, or who possesses with the intent to deliver to another,

 

11  a reproduced, altered, counterfeited, forged, or duplicated license

 

12  photograph, negative of the photograph, image, license, or

 

13  electronic data contained on a license or part of a license is

 

14  guilty of a felony punishable by imprisonment for not more than 5

 

15  years or a fine of not more than $10,000.00, or both.

 

16        (9) Except as provided in subsections (11) and (16), a person

 

17  who is in possession of 2 or more reproduced, altered,

 

18  counterfeited, forged, or duplicated license photographs, negatives

 

19  of the photograph, images, licenses, or electronic data contained

 

20  on a license or part of a license is guilty of a felony punishable

 

21  by imprisonment for not more than 5 years or a fine of not more

 

22  than $10,000.00, or both.

 

23        (10) Except as provided in subsection (16), a person who is in

 

24  possession of a reproduced, altered, counterfeited, forged, or

 

25  duplicated license photograph, negative of the photograph, image,

 

26  license, or electronic data contained on a license or part of a

 

27  license is guilty of a misdemeanor punishable by imprisonment for


 1  not more than 1 year or a fine of not more than $2,000.00, or both.

 

 2        (11) Subsections (7)(a) and (b), (8), and (9) do not apply to

 

 3  a minor whose intent is to violate section 703 of the Michigan

 

 4  liquor control code of 1998, 1998 PA 58, MCL 436.1703.

 

 5        (12) The secretary of state, upon determining after an

 

 6  examination that an applicant is mentally and physically qualified

 

 7  to receive a license, may issue the applicant a temporary driver's

 

 8  permit. The temporary driver's permit entitles the applicant, while

 

 9  having the permit in his or her immediate possession, to operate a

 

10  motor vehicle upon the highway for a period not exceeding 60 days

 

11  before the secretary of state has issued the applicant an

 

12  operator's or chauffeur's license. The secretary of state may

 

13  establish a longer duration for the validity of a temporary

 

14  driver's permit if necessary to accommodate the process of

 

15  obtaining a background check that is required for an applicant by

 

16  federal law.

 

17        (13) An operator or chauffeur may indicate on the license in a

 

18  place designated by the secretary of state his or her blood type,

 

19  emergency contact information, immunization data, medication data,

 

20  or a statement that the licensee is deaf. The secretary of state

 

21  shall not require an applicant for an original or renewal

 

22  operator's or chauffeur's license to provide emergency contact

 

23  information as a condition of obtaining a license. However, the

 

24  secretary of state may inquire whether an operator or chauffeur

 

25  would like to provide emergency contact information. Emergency

 

26  contact information obtained under this subsection shall be

 

27  disclosed only to a state or federal law enforcement agency for law


 1  enforcement purposes or to the extent necessary for a medical

 

 2  emergency. No later than January 1, 2017, the secretary of state

 

 3  shall develop and shall, in conjunction with the department of

 

 4  state police, implement a process using the L.E.I.N. or any other

 

 5  appropriate system that limits access to law enforcement that would

 

 6  allow law enforcement agencies of this state to access emergency

 

 7  contact information that the holder of an operator's license has

 

 8  voluntarily provided to the secretary of state. As used in this

 

 9  subsection, "emergency contact information" means the name,

 

10  telephone number, or address of an individual that is used for the

 

11  sole purpose of contacting that individual when the holder of an

 

12  operator's license has been involved in an emergency.

 

13        (14) An operator or chauffeur may indicate on the license in a

 

14  place designated by the secretary of state that he or she has

 

15  designated a patient advocate in accordance with sections 5506 to

 

16  5515 of the estates and protected individuals code, 1998 PA 386,

 

17  MCL 700.5506 to 700.5515.

 

18        (15) If the applicant provides proof to the secretary of state

 

19  that he or she is a minor who has been emancipated under 1968 PA

 

20  293, MCL 722.1 to 722.6, the license shall bear the designation of

 

21  the individual's emancipated status in a manner prescribed by the

 

22  secretary of state.

 

23        (16) Subsections (8), (9), and (10) do not apply to a person

 

24  who is in possession of 1 or more photocopies, reproductions, or

 

25  duplications of a license to document the identity of the licensee

 

26  for a legitimate business purpose.

 

27        (17) A sticker or decal may be provided by any person,


 1  hospital, school, medical group, or association interested in

 

 2  assisting in implementing an emergency medical information card,

 

 3  but shall meet the specifications of the secretary of state. An

 

 4  emergency medical information card may contain information

 

 5  concerning the licensee's patient advocate designation, other

 

 6  emergency medical information, or an indication as to where the

 

 7  licensee has stored or registered emergency medical information.

 

 8        (18) The secretary of state shall inquire of each licensee, in

 

 9  person or by mail, whether the licensee agrees to participate in

 

10  the anatomical gift donor registry under part 101 of the public

 

11  health code, 1978 PA 368, MCL 333.10101 to 333.10123.

 

12        (19) A licensee who has agreed to participate in the

 

13  anatomical gift donor registry under part 101 of the public health

 

14  code, 1978 PA 368, MCL 333.10101 to 333.10123, shall not be

 

15  considered to have revoked that agreement solely because the

 

16  licensee's license has been revoked or suspended or has expired.

 

17  Enrollment in the donor registry constitutes a legal agreement that

 

18  remains binding and in effect after the donor's death regardless of

 

19  the expressed desires of the deceased donor's next of kin who may

 

20  oppose the donor's anatomical gift.

 

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

 

22  after the date it is enacted into law.

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