Bill Text: MI HB5940 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Traffic control; driver license; issuance of driver license to undocumented persons; allow under certain circumstances. Amends secs. 51a & 307 of 1949 PA 300 (MCL 257.51a & 257.307) & adds sec. 307c.

Spectrum: Strong Partisan Bill (Democrat 16-1)

Status: (Introduced - Dead) 2016-10-19 - Bill Electronically Reproduced 09/22/2016 [HB5940 Detail]

Download: Michigan-2015-HB5940-Introduced.html

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HOUSE BILL No. 5940

 

 

September 22, 2016, Introduced by Reps. Chang, Santana, Pagel, Guerra, Geiss, Hoadley, LaGrand, Moss, Wittenberg, Yanez, Robinson, Greig, Pagan, Love, Irwin, Hovey-Wright and Gay-Dagnogo and referred to the Committee on Transportation and Infrastructure.

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 51a and 307 (MCL 257.51a and 257.307), section

 

51a as amended by 2008 PA 7 and section 307 as amended by 2015 PA

 

11, and by adding section 307c.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 51a. "Resident" means every person who resides in this

 

 2  state. and establishes that he or she is legally present in the

 

 3  United States. This definition applies to the provisions of this

 

 4  act only.

 

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

 

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

 

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

 

 8  photographic identity document, a birth certificate, or other

 

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

 

 2  verify the identity and citizenship of the applicant. If Except as

 

 3  provided in section 307c, if an applicant for an operator's or

 

 4  chauffeur's license is not a citizen of the United States, the

 

 5  applicant shall supply a photographic identity document and other

 

 6  sufficient documents to verify the identity of the applicant and

 

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

 

 8  subdivision (b). The documents required under this subsection shall

 

 9  include the applicant's full legal name, date of birth, and address

 

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

 

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

 

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

 

13  applicant that appears on a document presented under this

 

14  subsection, the applicant shall present documents to verify his or

 

15  her current full legal name. The secretary of state shall accept as

 

16  1 of the required identification documents an identification card

 

17  issued by the department of corrections to prisoners who are placed

 

18  on parole or released from a correctional facility, containing the

 

19  prisoner's legal name, photograph, and other information

 

20  identifying the prisoner as provided in section 37(4) of the

 

21  corrections code of 1953, 1953 PA 232, MCL 791.237. An application

 

22  for an operator's or chauffeur's license shall be made in a manner

 

23  prescribed by the secretary of state and shall contain all of the

 

24  following:

 

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

 

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

 

27  anatomical gift, other information required or permitted on the

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

 

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

 

 3  The applicant may provide a mailing address if the applicant

 

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

 

 5  address.

 

 6        (b) If Except as provided in section 307c, if the applicant is

 

 7  not a citizen of the United States, the applicant shall provide,

 

 8  and the department shall verify, documents demonstrating his or her

 

 9  legal presence in the United States. Nothing in this act shall

 

10  obligate or be construed to obligate this state to comply with

 

11  title II of the real ID act of 2005, Public Law 109-13. The

 

12  secretary of state may adopt rules under the administrative

 

13  procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, as are

 

14  necessary for the administration of this subdivision. A

 

15  determination by the secretary of state that an applicant is not

 

16  legally present in the United States may be appealed under section

 

17  631 of the revised judicature act of 1961, 1961 PA 236, MCL

 

18  600.631.

 

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

 

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

 

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

 

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

 

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

 

24  voter file for voter registration and voting:

 

 

25		"NOTICE: Michigan law requires that the same address
26		be used for voter registration and driver license
27		purposes. Therefore, if the residence address

1		you provide in this application differs from your
2		voter registration address as it appears on the
3		qualified voter file, the secretary of state
4		will automatically change your voter registration
5		to match the residence address on this application,
6		after which your voter registration at your former
7		address will no longer be valid for voting purposes.
8		A new voter registration card, containing the
9		information of your polling place, will be provided
10		to you by the clerk of the jurisdiction where your
11		residence address is located.".

 

 

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

 

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

 

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

 

15  type of motor vehicle during the previous 10 years.

 

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

 

17  group designation or indorsement, the following certifications by

 

18  the applicant:

 

19        (i) The applicant meets the applicable federal driver

 

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

 

21  the applicable qualifications of the department of state police

 

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

 

23  to 480.25.

 

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

 

25  28 skills tests is representative of the type of vehicle the

 

26  applicant operates or intends to operate.

 

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

 1  United States Secretary of Transportation, or a suspension,

 

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

 

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

 

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

 

 5  than 1 state or jurisdiction.

 

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

 

 7  a vehicle group designation and a hazardous material indorsement

 

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

 

 9  federal law.

 

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

 

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

 

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

 

13  acquire equipment purchased or leased under this section under

 

14  standard purchasing procedures of the department of technology,

 

15  management, and budget based on standards and specifications

 

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

 

17  not purchase or lease equipment until an appropriation for the

 

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

 

19  image and signature captured under this section shall appear on the

 

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

 

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

 

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

 

23  law enforcement purpose authorized by law.

 

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

 

25  authorized by law.

 

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

 

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

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

 

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

 

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

 

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

 

 5  United States.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

13  examination requirements of the secretary of state within 90 days

 

14  after the date of application for a license.

 

15        (4) In conjunction with the application for an operator's

 

16  license or chauffeur's license, the secretary of state shall do all

 

17  of the following:

 

18        (a) Provide the applicant with all of the following:

 

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

 

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

 

21  310.

 

22        (ii) Information describing the anatomical gift donor registry

 

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

 

24  333.10101 to 333.10123. The information required under this

 

25  subparagraph includes the address and telephone number of

 

26  Michigan's federally designated organ procurement organization or

 

27  its successor organization as defined in section 10102 of the

 1  public health code, 1978 PA 368, MCL 333.10102.

 

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

 

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

 

 4        (b) Provide the applicant with the opportunity to specify on

 

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

 

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

 

 7  accordance with section 310.

 

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

 

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

 

10  her name placed on the donor registry described in subdivision

 

11  (a)(ii), the secretary of state will mark the applicant's record

 

12  for the donor registry.

 

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

 

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

 

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

 

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

 

17  an operator's or chauffeur's license.

 

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

 

19  appears at a secretary of state branch office.

 

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

 

21  and chauffeur's licenses processed by electronic means.

 

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

 

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

 

24  placed on the donor registry described in subsection (4)(a)(ii).

 

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

 

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

 

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

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

 

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

 

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

 

 4  licensed in another jurisdiction, the secretary of state shall

 

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

 

 6  available information from the national driver register. When

 

 7  received, the driving record and other available information become

 

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

 

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

 

10  an original vehicle group designation or indorsement to operate a

 

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

 

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

 

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

 

14  citizenship or proof of lawful permanent residency as required

 

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

 

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

 

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

 

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

 

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

 

20  383.5, and may verify the person's proof of citizenship or lawful

 

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

 

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

 

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

 

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

 

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

 

26  383.5, and may verify the person's proof of citizenship or lawful

 

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

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

 

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

 

 3  record from all states where the applicant was previously licensed

 

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

 

 5  issuing a vehicle group designation or indorsement to the

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

21  the federal commercial driver license information system before

 

22  issuing that group designation or indorsement.

 

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

 

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

 

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

 

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

 

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

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

 

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

 

 3  national driver register and the commercial driver license

 

 4  information system before issuing a license under this section. The

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

16  identification card.

 

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

 

18  information manual to an applicant explaining how to obtain a

 

19  vehicle group designation or indorsement. The manual shall contain

 

20  the information required under 49 CFR part 383.

 

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

 

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

 

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

 

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

 

25  state law and rules related to this chapter.

 

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

 

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

 1  paternity, child support, or overdue child support.

 

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

 

 3  national driver register and the commercial driver license

 

 4  information system when issuing a license under this act.

 

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

 

 6  with vital records maintained by the department of community health

 

 7  under part 28 of the public health code, 1978 PA 368, MCL 333.2801

 

 8  to 333.2899.

 

 9        (e) As otherwise required by law.

 

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

 

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

 

12  license.

 

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

 

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

 

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

 

16  social security number.

 

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

 

18  1978 PA 368, MCL 333.10120, the secretary of state shall maintain

 

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

 

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

 

21  federally designated organ procurement organization or its

 

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

 

23  that complies with that section.

 

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

 

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

 

26  enter into agreements with the United States government to verify

 

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

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

 

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

 

 3  States.

 

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

 

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

 

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

 

 7  confirmation that the person is terminating or has terminated the

 

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

 

 9  state.

 

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

 

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

 

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

 

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

 

14  chauffeur's licenses are produced.

 

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

 

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

 

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

 

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

 

19  clearance requirements. The security requirements of this

 

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

 

21  manufactured or produced in this state.

 

22        (c) Provide fraudulent document recognition programs to

 

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

 

24  licenses and chauffeur's licenses.

 

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

 

26  prisoner information maintained by the department of corrections

 

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

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

 

 2        Sec. 307c. (1) Notwithstanding section 307, the department

 

 3  shall issue an operator's license to operate a noncommercial

 

 4  vehicle to an applicant who is unable to submit sufficient

 

 5  documents to verify his or her identity and legal presence in the

 

 6  United States as required under section 307 or who chooses not to

 

 7  obtain an operator's license that meets the criteria under the real

 

 8  ID act of 2005, Public Law 109-13, if the applicant satisfies all

 

 9  other requirements of this section, the requirements of section 307

 

10  other than legal presence in the United States, and the rules

 

11  promulgated by the department under subsection (2).

 

12        (2) The department shall, in consultation with appropriate

 

13  interested parties including, but not limited to, law enforcement

 

14  and immigrants' rights representatives, promulgate rules under the

 

15  administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

16  24.328, for all of the following purposes:

 

17        (a) Identifying documents that are acceptable to the

 

18  department for the purpose of proving identity or Michigan

 

19  residency, subject to subsection (3).

 

20        (b) Establishing procedures for verifying the authenticity of

 

21  the documents described in subdivision (a).

 

22        (c) Issuing a temporary operator's license pending the

 

23  verification of any document's authenticity.

 

24        (d) Establishing a hearing process for an applicant to appeal

 

25  the denial of an operator's license or temporary operator's license

 

26  under this section.

 

27        (3) Acceptable documents for purposes of proving identity or

 1  Michigan residency shall include, but are not limited to, all of

 

 2  the following:

 

 3        (a) A valid unexpired consular identification document issued

 

 4  by a consulate from the applicant's country of citizenship or a

 

 5  valid unexpired passport from the applicant's country of

 

 6  citizenship.

 

 7        (b) An original birth certificate or other proof of age. If an

 

 8  original birth certificate is in a language other than English, the

 

 9  applicant shall provide a certified translation of the birth

 

10  certificate.

 

11        (c) A home utility bill, lease or rental agreement, or other

 

12  proof of Michigan residence.

 

13        (d) One or more of the following documents which, if in a

 

14  language other than English, shall be accompanied by a certified

 

15  translation or an affidavit of translation into English:

 

16        (i) A marriage license or divorce certificate.

 

17        (ii) A foreign federal electoral photo card issued on or after

 

18  January 1, 1991.

 

19        (iii) A foreign driver license.

 

20        (e) A receipt for a United States Department of Homeland

 

21  Security form I-589, application for asylum and for withholding or

 

22  removal.

 

23        (f) An official school or college transcript that includes the

 

24  applicant's date of birth, or a foreign school record that bears an

 

25  official seal and includes a photograph of the applicant at the age

 

26  the record was issued.

 

27        (g) A United States Department of Homeland Security form I-20

 1  or form DS-2019.

 

 2        (h) A deed or title to real property.

 

 3        (i) A property tax bill or statement issued within the 12

 

 4  months preceding the date of application.

 

 5        (j) An income tax return.

 

 6        (4) An operator's license issued under this section, including

 

 7  a temporary operator's license, shall include a recognizable

 

 8  feature on the front of the license indicating that it is not valid

 

 9  for official federal purposes, and shall also contain an indication

 

10  that the license is not valid for official federal purposes in

 

11  electronic or machine readable codes.

 

12        (5) A person shall not discriminate against an individual

 

13  because that individual holds or presents an operator's license or

 

14  a temporary operator's license issued under this section.

 

15        (6) A police officer shall not detain, arrest, penalize, or

 

16  discriminate against an individual based solely on that

 

17  individual's presentation of an operator's license or a temporary

 

18  operator's license issued under this section.

 

19        (7) Except when necessary to comply with a judicially issued

 

20  warrant or subpoena, information collected under this section is

 

21  not subject to disclosure under the freedom of information act,

 

22  1976 PA 442, MCL 15.231 to 15.246.

 

23        (8) Notwithstanding any other provision of law, information

 

24  regarding an applicant's social security number or ineligibility

 

25  for a social security number obtained by the department under this

 

26  section is not subject to disclosure under the freedom of

 

27  information act, 1976 PA 442, MCL 15.231 to 15.246.

 1        (9) As used in this section, "Michigan residency" means that

 

 2  an individual maintains a settled home or domicile in this state at

 

 3  which the individual resides and that meets the definition of

 

 4  residence as defined in section 11 of the Michigan election law,

 

 5  1954 PA 116, MCL 168.11, except for a temporary absence. Michigan

 

 6  residency does not require that the individual be a United States

 

 7  citizen or lawfully present in the United States.