Bill Text: MI SB0271 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: State; identification cards; forms of identification necessary to apply for driver license; include corrections identification card and allow access to certain department of corrections data. Amends sec. 307 of 1949 PA 300 (MCL 257.307). TIE BAR WITH: SB 0272'09, SB 0273'09

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2009-02-19 - Referred To Committee On Judiciary [SB0271 Detail]

Download: Michigan-2009-SB0271-Introduced.html

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SENATE BILL No. 271

 

 

February 19, 2009, Introduced by Senators SCOTT, CLARK-COLEMAN, SWITALSKI, BRATER and THOMAS and referred to the Committee on Judiciary.

 

 

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 307 (MCL 257.307), as amended by 2008 PA 36.

 

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

 

 1  sufficient documents to verify the identity of the applicant and

 

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

 

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

 

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

 

 5  address and residency and demonstrate that the applicant is a

 

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

 

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

 

 8  of the applicant that appears on a document presented under this

 

 9  subsection, the applicant shall present documents to verify his

 

10  or her current full legal name. The secretary of state shall

 

11  accept as 1 of the required identification documents an

 

12  identification card issued by the department of corrections to

 

13  prisoners who are placed on parole or released from a

 

14  correctional facility, containing the prisoner's name,

 

15  photograph, and other information identifying the prisoner as

 

16  provided in section 37(4) of the corrections code of 1953, 1953

 

17  PA 232, MCL 791.237. An application for an operator's or

 

18  chauffeur's license shall be made in a manner prescribed by the

 

19  secretary of state and shall contain all of the following:

 

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

 

21  residence address, height, sex, eye color, signature, intent to

 

22  make an anatomical gift, other information required or permitted

 

23  on the license under this chapter, and, only to the extent

 

24  required to comply with federal law, the applicant's social

 

25  security number. The applicant may provide a mailing address if

 

26  the applicant receives mail at an address different from his or

 

27  her residence address.

 

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

 

 2  the applicant shall provide documents demonstrating his or her

 

 3  legal presence in the United States. A person legally present in

 

 4  the United States includes, but is not limited to, a person

 

 5  authorized by the United States government for employment in the

 

 6  United States, a person with nonimmigrant status authorized under

 

 7  federal law, and a person who is the beneficiary of an approved

 

 8  immigrant visa petition or an approved labor certification. The

 

 9  secretary of state shall adopt rules under the administrative

 

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

 

11  necessary for the administration of this subdivision. A

 

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

 

13  legally present in the United States may be appealed under

 

14  section 631 of the revised judicature act of 1961, 1961 PA 236,

 

15  MCL 600.631.

 

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

 

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

 

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

 

19  secretary of state is required to use the residence address

 

20  provided on this application as the applicant's residence address

 

21  on the qualified voter file for voter registration and voting:

 

 

22		"NOTICE: Michigan law requires that the same address
23		be used for voter registration and driver license
24		purposes. Therefore, if the residence address
25		you provide in this application differs from your
26		voter registration address as it appears on the
27		qualified voter file, the secretary of state

1		will automatically change your voter registration
2		to match the residence address on this application,
3		after which your voter registration at your former
4		address will no longer be valid for voting purposes.
5		A new voter registration card, containing the
6		information of your polling place, will be provided
7		to you by the clerk of the jurisdiction where your
8		residence address is located.".

 

 

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

 

10  license with a vehicle group designation or indorsement, the

 

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

 

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

 

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

 

14  group designation or indorsement, the following certifications by

 

15  the applicant:

 

16        (i) The applicant meets the applicable federal driver

 

17  qualification requirements under 49 CFR part 391 if the applicant

 

18  operates or intends to operate in interstate commerce 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

 

21  480.11 to 480.25, if the applicant operates or intends to operate

 

22  in intrastate commerce.

 

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

 

24  skills tests is representative of the type of vehicle the

 

25  applicant operates or intends to operate.

 

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

 

27  United States secretary of transportation, or a suspension,

 

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

 

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

 

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

 

 4  than 1 state or jurisdiction.

 

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

 

 6  with a vehicle group designation and a hazardous material

 

 7  indorsement shall provide his or her fingerprints as prescribed

 

 8  by state and federal law.

 

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

 

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

 

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

 

12  state shall acquire equipment purchased or leased under this

 

13  section under standard purchasing procedures of the department of

 

14  management and budget based on standards and specifications

 

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

 

16  shall not purchase or lease equipment until an appropriation for

 

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

 

18  photographic image and signature captured under this section

 

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

 

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

 

21  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

 

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

 

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

 

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

 

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

 

 4  those persons.

 

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

 

 6  the United States.

 

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

 

 8  and certification by the applicant, as determined by the

 

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

 

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

 

11  application. The secretary of state shall refund the application

 

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

 

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

 

14  the examination requirements of the secretary of state within 90

 

15  days after the date of application for a license.

 

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

 

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

 

18  all of the following:

 

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

 

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

 

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

 

22  310.

 

23        (ii) Information describing the anatomical gift donor

 

24  registry program under part 101 of the public health code, 1978

 

25  PA 368, MCL 333.10101 to 333.10123. The information required

 

26  under this subparagraph includes the address and telephone number

 

27  of Michigan's federally designated organ procurement organization

 

 1  or its successor organization as defined in section 10102 of the

 

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

 

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

 

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

 

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

 

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

 

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

 

 8  accordance with section 310.

 

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

 

10  secretary of state under this section a willingness to have his

 

11  or her name placed on the donor registry described in subdivision

 

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

 

13  for the donor registry.

 

14        (d) Provide the applicant with the opportunity to make a

 

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

 

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

 

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

 

18  credit of the organ and tissue donation education fund.

 

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

 

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

 

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

 

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

 

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

 

24        (b) Providing printed material to an applicant who

 

25  personally appears at a secretary of state branch office.

 

26        (c) Through electronic information transmittals for

 

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

 

 1  means.

 

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

 

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

 

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

 

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

 

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

 

 7  obtained by the secretary of state under subsection (4) and

 

 8  forwarded under subsection (14) is exempt from disclosure under

 

 9  section 13(1)(d) of the freedom of information act, 1976 PA 442,

 

10  MCL 15.243.

 

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

 

12  licensed in another jurisdiction, the secretary of state shall

 

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

 

14  available information from the national driver register. When

 

15  received, the driving record and other available information

 

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

 

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

 

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

 

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

 

20  record from all states where the applicant was previously

 

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

 

22  years before issuing a vehicle group designation or indorsement

 

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

 

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

 

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

 

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

 

27  secretary of state issues the applicant a vehicle group

 

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

 

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

 

 3  state issues the applicant a vehicle group designation or

 

 4  indorsement. The secretary of state shall also check the

 

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

 

 6  the federal commercial driver license information system before

 

 7  issuing that group designation or indorsement. If the application

 

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

 

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

 

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

 

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

 

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

 

13  record from other states only once under this section.

 

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

 

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

 

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

 

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

 

18  determined to be legally present under section 307 this section

 

19  by mail or by other methods prescribed by the secretary of state.

 

20  The secretary of state may check the applicant's driving record

 

21  through the national driver register and the commercial driver

 

22  license information system before issuing a license under this

 

23  section. The secretary of state shall issue a renewal license

 

24  only in person if the person is a person required under section

 

25  5a of the sex offenders registration act, 1994 PA 295, MCL

 

26  28.725a, to maintain a valid operator's or chauffeur's license or

 

27  official state personal identification card. If a license is

 

 1  renewed by mail or by other method, the secretary of state shall

 

 2  issue evidence of renewal to indicate the date the license

 

 3  expires in the future. The department of state police shall

 

 4  provide to the secretary of state updated lists of persons

 

 5  required under section 5a of the sex offenders registration act,

 

 6  1994 PA 295, MCL 28.725a, to maintain a valid operator's or

 

 7  chauffeur's license or official state personal identification

 

 8  card.

 

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

 

10  information manual to an applicant explaining how to obtain a

 

11  vehicle group designation or indorsement. The manual shall

 

12  contain the information required under 49 CFR part 383.

 

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

 

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

 

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

 

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

 

17  and state law and rules related to this chapter.

 

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

 

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

 

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

 

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

 

22  national driver register and the commercial driver license

 

23  information system when issuing a license under this act.

 

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

 

25  with vital records maintained by the department of community

 

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

 

27  333.2801 to 333.2899.

 

 1        (e) As otherwise required by law.

 

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

 

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

 

 4  license.

 

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

 

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

 

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

 

 8  social security number.

 

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

 

10  1978 PA 368, MCL 333.10120, the secretary of state shall maintain

 

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

 

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

 

13  state's federally designated organ procurement organization or

 

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

 

15  manner that complies with that section.

 

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

 

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

 

18  may enter into agreements with the United States government to

 

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

 

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

 

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

 

22  in the United States.

 

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

 

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

 

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

 

26  without confirmation that the person is terminating or has

 

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

 

 1  by the other state.

 

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

 

 3        (a) Ensure the physical security of locations where

 

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

 

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

 

 6  licenses and chauffeur's licenses are produced.

 

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

 

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

 

 9  have the ability to affect the identity information that appears

 

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

 

11  security clearance requirements. The security requirements of

 

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

 

13  manufactured or produced in this state.

 

14        (c) Provide fraudulent document recognition programs to

 

15  department of state employees engaged in the issuance of

 

16  operator's licenses and chauffeur's licenses.

 

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

 

18  prisoner biography information maintained by the department of

 

19  corrections for the purpose of verifying the identity of a

 

20  prisoner who applies for an operator's or chauffeur's license

 

21  under subsection (1).

 

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

 

23  unless all of the following bills of the 95th Legislature are

 

24  enacted into law:

 

25        (a) Senate Bill No. 272.                                   

 

26            

 

27        (b) Senate Bill No. 273.