Bill Text: MI HB5879 | 2017-2018 | 99th Legislature | Introduced


Bill Title: Traffic control; driver license; boater's safety certification designation on driver license; provide for. Amends sec. 310 of 1949 PA 300 (MCL 257.310). TIE BAR WITH: HB 5836'18

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2018-04-26 - Bill Electronically Reproduced 04/25/2018 [HB5879 Detail]

Download: Michigan-2017-HB5879-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5879

 

 

April 25, 2018, Introduced by Reps. LaFave, Sheppard and Bellino and referred to the Committee on Natural Resources.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 310 (MCL 257.310), as amended by 2016 PA 219.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 310. (1) The secretary of state shall issue an operator's

 

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

 

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

 

motorcycle indorsement under section 312a or a vehicle group

 

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

 

chauffeur's license before the indorsement or vehicle group

 

designation application is accepted and processed. An original

 

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

 

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

 

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

 


be landscape or horizontal in form.

 

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

 

of the following:

 

     (a) The distinguishing number permanently assigned to the

 

licensee.

 

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

 

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

 

date, and signature of the licensee.

 

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

 

wish to participate in the anatomical gift donor registry under

 

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

 

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

 

     (d) Physical security features designed to prevent tampering,

 

counterfeiting, or duplication of the license for fraudulent

 

purposes.

 

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

 

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

 

designation that the individual is a veteran. The designation shall

 

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

 

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

 

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

 

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

 

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

 

this subdivision. The secretary of state shall consult with the

 

department of military and veterans affairs in determining the

 

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

 

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


state may provide the department of military and veterans affairs

 

and agencies of the counties of this state that provide veteran

 

services with information provided by an applicant under this

 

subsection for the purpose of veterans' benefits eligibility

 

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

 

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

 

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

 

information required on the license pursuant to this chapter may

 

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

 

state.

 

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

 

image of the licensee.

 

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

 

registration purposes. The digitized license may contain

 

information appearing in electronic or machine readable codes

 

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

 

information shall be limited to the information described in

 

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

 

photographic image and signature, state of issuance, license

 

expiration date, and other information necessary for use with

 

electronic devices, machine readers, or automatic teller machines

 

and shall not contain the driving record or other personal

 

identifier. The license shall identify the encoded information.

 

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

 

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

 

forge, or duplicate the license without ready detection. In

 

addition, a license with a vehicle group designation shall contain


the information required under 49 CFR part 383.

 

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

 

intentionally reproduces, alters, counterfeits, forges, or

 

duplicates a license photograph, the negative of the photograph,

 

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

 

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

 

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

 

subject to 1 of the following:

 

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

 

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

 

the commission of an offense that is a felony punishable by

 

imprisonment for 10 or more years, the person committing the

 

reproduction, alteration, counterfeiting, forging, duplication, or

 

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

 

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

 

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

 

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

 

the commission of an offense that is a felony punishable by

 

imprisonment for less than 10 years or a misdemeanor punishable by

 

imprisonment for 6 months or more, the person committing the

 

reproduction, alteration, counterfeiting, forging, duplication, or

 

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

 

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

 

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

 

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

 

the commission of an offense that is a misdemeanor punishable by

 

imprisonment for less than 6 months, the person committing the


reproduction, alteration, counterfeiting, forging, duplication, or

 

use is guilty of a misdemeanor punishable by imprisonment for not

 

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

 

     (8) Except as provided in subsections (11) and (16), (17), a

 

person who sells, or who possesses with the intent to deliver to

 

another, a reproduced, altered, counterfeited, forged, or

 

duplicated license photograph, negative of the photograph, image,

 

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

 

license is guilty of a felony punishable by imprisonment for not

 

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

 

     (9) Except as provided in subsections (11) and (16), (17), a

 

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

 

counterfeited, forged, or duplicated license photographs, negatives

 

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

 

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

 

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

 

than $10,000.00, or both.

 

     (10) Except as provided in subsection (16), (17), a person who

 

is in possession of a reproduced, altered, counterfeited, forged,

 

or duplicated license photograph, negative of the photograph,

 

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

 

of a license is guilty of a misdemeanor punishable by imprisonment

 

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

 

both.

 

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

 

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

 

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


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

 

examination that an applicant is mentally and physically qualified

 

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

 

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

 

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

 

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

 

before the secretary of state has issued the applicant an

 

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

 

establish a longer duration for the validity of a temporary

 

driver's permit if necessary to accommodate the process of

 

obtaining a background check that is required for an applicant by

 

federal law.

 

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

 

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

 

emergency contact information, immunization data, medication data,

 

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

 

shall not require an applicant for an original or renewal

 

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

 

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

 

secretary of state may inquire whether an operator or chauffeur

 

would like to provide emergency contact information. Emergency

 

contact information obtained under this subsection shall be

 

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

 

enforcement purposes or to the extent necessary for a medical

 

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

 

shall develop and shall, in conjunction with the department of

 

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


appropriate system that limits access to law enforcement that would

 

allow law enforcement agencies of this state to access emergency

 

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

 

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

 

subsection, "emergency contact information" means the name,

 

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

 

sole purpose of contacting that individual when the holder of an

 

operator's license has been involved in an emergency.

 

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

 

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

 

designated a patient advocate in accordance with sections 5506 to

 

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

 

MCL 700.5506 to 700.5515.

 

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

 

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

 

issued a boating safety certificate under section 80212 of the

 

natural resources and environmental protection act, 1994 PA 451,

 

MCL 324.80212. The secretary of state shall develop and shall, in

 

conjunction with the department of state police, implement a

 

process using the L.E.I.N. or any other appropriate system that

 

limits access to law enforcement that would allow law enforcement

 

agencies of this state to verify that an individual has obtained a

 

boating safety certificate. The secretary of state shall also

 

develop and maintain a database of all individuals who choose to

 

indicate on their license that they have received a boating safety

 

certificate, and shall provide the department of natural resources

 

with access to that database. This subsection applies to an


individual whose operator's license contains a graduated licensing

 

designation.

 

     (16) (15) If the applicant provides proof to the secretary of

 

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

 

PA 293, MCL 722.1 to 722.6, the license shall bear the designation

 

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

 

the secretary of state.

 

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

 

person who is in possession of 1 or more photocopies,

 

reproductions, or duplications of a license to document the

 

identity of the licensee for a legitimate business purpose.

 

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

 

hospital, school, medical group, or association interested in

 

assisting in implementing an emergency medical information card,

 

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

 

emergency medical information card may contain information

 

concerning the licensee's patient advocate designation, other

 

emergency medical information, or an indication as to where the

 

licensee has stored or registered emergency medical information.

 

     (19) (18) The secretary of state shall inquire of each

 

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

 

participate in the anatomical gift donor registry under part 101 of

 

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

 

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

 

anatomical gift donor registry under part 101 of the public health

 

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

 

considered to have revoked that agreement solely because the


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

 

Enrollment in the donor registry constitutes a legal agreement that

 

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

 

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

 

oppose the donor's anatomical gift.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

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

 

03586'17) of the 99th Legislature is enacted into law.

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