Bill Text: MI SB0505 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Traffic control; driver license; resident address on driver license different from resident address on qualified voter file; permit. Amends secs. 307 & 315 of 1949 PA 300 (MCL 257.307 & 257.315). TIE BAR WITH: SB 0506'17
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-07-12 - Referred To Committee On Elections And Government Reform [SB0505 Detail]
Download: Michigan-2017-SB0505-Introduced.html
SENATE BILL No. 505
July 12, 2017, Introduced by Senators WARREN, BIEDA and HERTEL and referred to the Committee on Elections and Government Reform.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 307 and 315 (MCL 257.307 and 257.315), section
307 as amended by 2017 PA 32 and section 315 as amended by 2008 PA
7.
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
8 of the United States, the applicant shall supply a photographic
9 identity document and other sufficient documents to verify the
1 identity of the applicant and the applicant's legal presence in the
2 United States under subdivision (b). The documents required under
3 this subsection shall must
include the applicant's full legal
name,
4 date of birth, and address and residency and demonstrate that the
5 applicant is a citizen of the United States or is legally present
6 in the United States. If the applicant's full legal name differs
7 from the name of the applicant that appears on a document presented
8 under this subsection, the applicant shall present documents to
9 verify his or her current full legal name. The secretary of state
10 shall accept as 1 of the required identification documents an
11 identification card issued by the department of corrections to
12 prisoners who are placed on parole or released from a correctional
13 facility, containing the prisoner's legal name, photograph, and
14 other information identifying the prisoner as provided in section
15 37(4) of the corrections code of 1953, 1953 PA 232, MCL 791.237. An
16 application for an operator's or chauffeur's license shall must be
17 made in a manner prescribed by the secretary of state and shall
18 must contain all of the following:
19 (a) The applicant's full legal name, date of birth, residence
20 address, height, sex, eye color, signature, intent to make an
21 anatomical gift, other information required or permitted on the
22 license under this chapter, and, only to the extent required to
23 comply with federal law, the applicant's social security number.
24 The applicant may provide a mailing address if the applicant
25 receives mail at an address different from his or her residence
26 address.
27 (b) If the applicant is not a citizen of the United States,
1 the applicant shall provide, and the department shall verify,
2 documents demonstrating his or her legal presence in the United
3 States. Nothing in this act shall obligate or be construed to
4 obligate this state to comply with title II of the real ID act of
5 2005, Public Law 109-13. The secretary of state may adopt rules
6 under the administrative procedures act of 1969, 1969 PA 306, MCL
7 24.201 to 24.328, as are necessary for the administration of this
8 subdivision. A determination by the secretary of state that an
9 applicant is not legally present in the United States may be
10 appealed under section 631 of the revised judicature act of 1961,
11 1961 PA 236, MCL 600.631.
12 (c) The following notice shall be included to inform the
13 applicant that under sections 509o and 509r of the Michigan
14 election law, 1954 PA 116, MCL 168.509o and 168.509r, the secretary
15 of state is required to use the residence address provided on this
16 application as the applicant's residence address on the qualified
17 voter file for voter registration and voting:
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5 (c) (d) For
an original or renewal operator's or chauffeur's
6 license with a vehicle group designation or indorsement, the names
7 of all states where the applicant has been licensed to drive any
8 type of motor vehicle during the previous 10 years.
9 (d) (e) For
an operator's or chauffeur's license with a
10 vehicle group designation or indorsement, the following
11 certifications by the applicant:
12 (i) The applicant meets the applicable federal driver
13 qualification requirements under 49 CFR parts 383 and 391 or meets
14 the applicable qualifications of the department of state police
15 under the motor carrier safety act of 1963, 1963 PA 181, MCL 480.11
16 to 480.25.
17 (ii) The vehicle in which the applicant will take the driving
18 28 skills tests is representative of the type of vehicle the
19 applicant operates or intends to operate.
20 (iii) The applicant is not subject to disqualification by the
21 United States Secretary of Transportation, or a suspension,
22 revocation, or cancellation under any state law for conviction of
23 an offense described in section 312f or 319b.
24 (iv) The applicant does not have a driver's license from more
25 than 1 state or jurisdiction.
26 (e) (f) An
applicant for an operator's or chauffeur's license
27 with a vehicle group designation and a hazardous material
1 indorsement shall provide his or her fingerprints as prescribed by
2 state and federal law.
3 (2) An applicant for an operator's or chauffeur's license may
4 have his or her image and signature captured or reproduced when the
5 application for the license is made. The secretary of state shall
6 acquire equipment purchased or leased under this section under
7 standard purchasing procedures of the department of technology,
8 management, and budget based on standards and specifications
9 established by the secretary of state. The secretary of state shall
10 not purchase or lease equipment until an appropriation for the
11 equipment has been made by the legislature. A digital photographic
12 image and signature captured under this section shall must appear
13 on the applicant's operator's license or chauffeur's license. A
14 person's digital photographic image and signature shall be used as
15 follows:
16 (a) By a federal, state, or local governmental agency for a
17 law enforcement purpose authorized by law.
18 (b) By the secretary of state for a use specifically
19 authorized by law.
20 (c) By the secretary of state for forwarding to the department
21 of state police the images of persons required to be registered
22 under the sex offenders registration act, 1994 PA 295, MCL 28.721
23 to 28.736, upon the department of state police providing the
24 secretary of state an updated list of the names of those persons.
25 (d) By the secretary of state for forwarding to the department
26 of state police as provided in section 5c of 1927 PA 372, MCL
27 28.425c.
1 (e) As necessary to comply with a law of this state or of the
2 United States.
3 (3) An application shall must contain a signature or
4 verification and certification by the applicant, as determined by
5 the secretary of state, and shall must be accompanied by the
proper
6 fee. The secretary of state shall collect the application fee with
7 the application. The secretary of state shall refund the
8 application fee to the applicant if the license applied for is
9 denied, but shall not refund the fee to an applicant who fails to
10 complete the examination requirements of the secretary of state
11 within 90 days after the date of application for a license.
12 (4) In conjunction with the application for an original or
13 renewal operator's license or chauffeur's license, the secretary of
14 state shall do all of the following:
15 (a) If the applicant is not a participant in the anatomical
16 gift donor registry program, specifically inquire, either orally or
17 in writing, whether the applicant wishes to participate in the
18 anatomical gift donor registry program under part 101 of the public
19 health code, 1978 PA 368, MCL 333.10101 to 333.10123. If the
20 secretary of state or an employee of the secretary of state fails
21 to inquire whether an applicant wishes to participate in the
22 anatomical gift donor registry program as required by this
23 subdivision, neither the secretary of state nor the employee is
24 civilly or criminally liable for the failure to make the inquiry.
25 (b) Provide the applicant with all of the following:
26 (i) Information explaining the applicant's right to make an
27 anatomical gift in the event of death in accordance with section
1 310.
2 (ii) Information describing the anatomical gift donor registry
3 program under part 101 of the public health code, 1978 PA 368, MCL
4 333.10101 to 333.10123. The information required under this
5 subparagraph includes the address and telephone number of
6 Michigan's federally designated organ procurement organization as
7 that term is defined in section 10102 of the public health code,
8 1978 PA 368, MCL 333.10102, or its successor organization.
9 (iii) Information giving the applicant the opportunity to be
10 placed on the donor registry described in subparagraph (ii).
11 (c) Provide the applicant with the opportunity to specify on
12 his or her operator's or chauffeur's license that he or she is
13 willing to make an anatomical gift in the event of death in
14 accordance with section 310.
15 (d) Inform the applicant that, if he or she indicates to the
16 secretary of state under this section a willingness to have his or
17 her name placed on the donor registry described in subdivision
18 (b)(ii), the secretary of state will mark the applicant's record
19 for the donor registry.
20 (5) The secretary of state may fulfill the requirements of
21 subsection (4) by 1 or more of the following methods:
22 (a) Providing printed material enclosed with a mailed notice
23 for an operator's or chauffeur's license renewal or the issuance of
24 an operator's or chauffeur's license.
25 (b) Providing printed material to an applicant who personally
26 appears at a secretary of state branch office, or inquiring orally.
27 (c) Through electronic information transmittals for operator's
1 and chauffeur's licenses processed by electronic 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)(b)(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 obtained
7 by the secretary of state under subsection (4) and forwarded under
8 subsection (14) is exempt from disclosure under section 13(1)(d) of
9 the freedom of information act, 1976 PA 442, MCL 15.243. The
10 secretary of state is not required to maintain a record of an
11 individual who does not indicate a willingness to have his or her
12 name placed on the donor registry described in subsection
13 (4)(b)(ii) or an individual who does not respond to an inquiry
14 under subsection (4)(a).
15 (7) If an application is received from a person previously
16 licensed in another jurisdiction, the secretary of state shall
17 request a copy of the applicant's driving record and other
18 available information from the National Driver Register. When
19 received, the driving record and other available information become
20 a part of the driver's record in this state.
21 (8) If a person applies for a commercial learner's permit for
22 an original vehicle group designation or indorsement to operate a
23 commercial motor vehicle, the secretary of state may verify the
24 person's identity, may require proof of Michigan domicile under 49
25 CFR 383.5, and may verify the person's proof of United States
26 citizenship or proof of lawful permanent residency as required
27 under 49 CFR 383.71 and 383.73, if that information is not on the
1 person's Michigan driving record. If a person applies for a renewal
2 of an operator's or chauffeur's license to operate a commercial
3 motor vehicle, the secretary of state may verify the person's
4 identity, may require proof of Michigan domicile under 49 CFR
5 383.5, and may verify the person's proof of citizenship or lawful
6 permanent residency under 49 CFR 383.71 and 383.73, if that
7 information is not on the person's Michigan driving record. If a
8 person applies for an upgrade of a vehicle group designation or
9 indorsement, the secretary of state may verify the person's
10 identity, may require proof of Michigan domicile under 49 CFR
11 383.5, and may verify the person's proof of citizenship or lawful
12 permanent residency under 49 CFR 383.71 and 383.73, if that
13 information is not on the person's Michigan driving record. The
14 secretary of state shall request the person's complete driving
15 record from all states where the applicant was previously licensed
16 to drive any type of motor vehicle over the last 10 years before
17 issuing a vehicle group designation or indorsement to the
18 applicant. If the applicant does not hold a valid commercial motor
19 vehicle driver license from a state where he or she was licensed in
20 the last 10 years, this complete driving record request must be
21 made not earlier than 24 hours before the secretary of state issues
22 the applicant a vehicle group designation or indorsement. For all
23 other drivers, this request must be made not earlier than 10 days
24 before the secretary of state issues the applicant a vehicle group
25 designation or indorsement. If the application is for the renewal
26 of a vehicle group designation or indorsement, and if the secretary
27 of state enters on the person's driving record maintained under
1 section 204a a notation that the request was made and the date of
2 the request, the secretary of state is required to request the
3 applicant's complete driving record from other states only once
4 under this section. The secretary of state shall also check the
5 applicant's driving record with the National Driver Register and
6 the federal Commercial Driver's License Information System before
7 issuing that group designation or indorsement.
8 (9) Except for a vehicle group designation or indorsement or
9 as provided in this subsection or section 314(5), the secretary of
10 state may issue a renewal operator's or chauffeur's license for 1
11 additional 4-year period or until the person is no longer
12 determined to be legally present under this section by mail or by
13 other methods prescribed by the secretary of state. The secretary
14 of state may check the applicant's driving record through the
15 National Driver Register and the Commercial Driver's License
16 Information System before issuing a license under this section. The
17 secretary of state shall issue a renewal license only in person if
18 the person is a person required under section 5a of the sex
19 offenders registration act, 1994 PA 295, MCL 28.725a, to maintain a
20 valid operator's or chauffeur's license or official state personal
21 identification card. If a license is renewed by mail or by other
22 method, the secretary of state shall issue evidence of renewal to
23 indicate the date the license expires in the future. The department
24 of state police shall provide to the secretary of state updated
25 lists of persons required under section 5a of the sex offenders
26 registration act, 1994 PA 295, MCL 28.725a, to maintain a valid
27 operator's or chauffeur's license or official state personal
1 identification card.
2 (10) Upon request, the secretary of state shall provide an
3 information manual to an applicant explaining how to obtain a
4 vehicle group designation or indorsement. The manual shall must
5 contain the information required under 49 CFR part 383.
6 (11) The secretary of state shall not disclose a social
7 security number obtained under subsection (1) to another person
8 except for use for 1 or more of the following purposes:
9 (a) Compliance with 49 USC 31301 to 31317 and regulations and
10 state law and rules related to this chapter.
11 (b) To carry out the purposes of section 466(a) of the social
12 security act, 42 USC 666, in connection with matters relating to
13 paternity, child support, or overdue child support.
14 (c) To check an applicant's driving record through the
15 National Driver Register and the Commercial Driver's License
16 Information System when issuing a license under this act.
17 (d) With the department of health and human services, for
18 comparison with vital records maintained by the department of
19 health and human services under part 28 of the public health code,
20 1978 PA 368, MCL 333.2801 to 333.2899.
21 (e) As otherwise required by law.
22 (12) The secretary of state shall not display a person's
23 social security number on the person's operator's or chauffeur's
24 license.
25 (13) A requirement under this section to include a social
26 security number on an application does not apply to an applicant
27 who demonstrates that he or she is exempt under law from obtaining
1 a social security number.
2 (14) As required in section 10120 of the public health code,
3 1978 PA 368, MCL 333.10120, the secretary of state shall maintain
4 the donor registry in a manner that provides electronic access,
5 including, but not limited to, the transfer of data to this state's
6 federally designated organ procurement organization or its
7 successor organization, tissue banks, and eye banks, in a manner
8 that complies with that section.
9 (15) The secretary of state, with the approval of the state
10 administrative board created under 1921 PA 2, MCL 17.1 to 17.3, may
11 enter into agreements with the United States government to verify
12 whether an applicant for an operator's license or a chauffeur's
13 license under this section who is not a citizen of the United
14 States is authorized under federal law to be present in the United
15 States.
16 (16) The secretary of state shall not issue an operator's
17 license or a chauffeur's license to a person holding an operator's
18 license or chauffeur's license issued by another state without
19 confirmation that the person is terminating or has terminated the
20 operator's license or chauffeur's license issued by the other
21 state.
22 (17) The secretary of state shall do all of the following:
23 (a) Ensure the physical security of locations where operator's
24 licenses and chauffeur's licenses are produced and the security of
25 document materials and papers from which operator's licenses and
26 chauffeur's licenses are produced.
27 (b) Subject all persons authorized to manufacture or produce
1 operator's licenses or chauffeur's licenses and all persons who
2 have the ability to affect the identity information that appears on
3 operator's licenses or chauffeur's licenses to appropriate security
4 clearance requirements. The security requirements of this
5 subdivision and subdivision (a) may require that licenses be
6 manufactured or produced in this state.
7 (c) Provide fraudulent document recognition programs to
8 department of state employees engaged in the issuance of operator's
9 licenses and chauffeur's licenses.
10 (18) The secretary of state shall have electronic access to
11 prisoner information maintained by the department of corrections
12 for the purpose of verifying the identity of a prisoner who applies
13 for an operator's or chauffeur's license under subsection (1).
14 Sec. 315. (1) An operator or chauffeur who changes his or her
15 residence before the expiration of a license granted under this
16 chapter shall immediately notify the secretary of state of his or
17 her new residence address. A change of address notification shall
18 must be in a manner prescribed by the secretary of state and may
19 include notification by personally appearing at a branch office of
20 the secretary of state or other location designated by the
21 secretary of state, or a notification by mail, telephone,
22 electronically, by submitting a voter registration application
23 unless the person registers to vote in a city, village, or township
24 that prohibits the operation of motor vehicles by law or ordinance,
25 or by any other means prescribed by the secretary of state. The
26 secretary of state shall provide the person changing his or her
27 residence address the notice required by section 307(1)(c) that,
1 under sections 509o and 509r of the Michigan election law, 1954 PA
2 116, MCL 168.509o and 168.509r, the secretary of state is required
3 to use the residence address provided on this change of address
4 application as the person's residence address on the qualified
5 voter file for voter registration and voting. However, a A person
6 may submit to the secretary of state a mailing address that is
7 different than his or her residence address.
8 (2) Upon receiving a change of address notification, the
9 secretary of state shall change the person's driver license record
10 to indicate the new residence address. The secretary of state shall
11 provide the person with a new license or a label or some other
12 mechanism containing the new residence address. Upon receipt of the
13 label or other mechanism, the person shall affix the label or
14 mechanism to his or her operator's or chauffeur's license as
15 prescribed by the secretary of state. If the secretary of state
16 furnished the person with a new license, the person shall destroy
17 his or her old license and replace it with the new license.
18 (3) If a person fails to report a change of his or her
19 residence address as required under this section and subsequently
20 there is no response to a notice mailed to the residence address
21 shown by the record of the secretary of state or if the person has
22 provided the secretary of state a mailing address different from
23 his or her residence address and there is no response to a notice
24 mailed to that mailing address, the secretary of state may
25 immediately suspend or revoke his or her license. A person who
26 fails to report a change of his or her residence address is
27 responsible for a civil infraction.
1 (4) A person shall not knowingly report a change of address to
2 the secretary of state for himself or herself that is not his or
3 her residence address. A person shall not knowingly report a change
4 of address to the secretary of state for another person without the
5 consent of the other person. A person who is convicted of a
6 violation of this subsection is guilty of a misdemeanor punishable
7 by imprisonment for not more than 93 days or a fine of $1,000.00,
8 or both. Upon receiving the abstract of a conviction under this
9 subsection, the secretary of state may suspend the person's
10 operator's or chauffeur's license for 6 months. The secretary of
11 state shall not issue a restricted license to the person during the
12 suspension.
13 (5) Upon a second or subsequent conviction under subsection
14 (4), a person is guilty of a misdemeanor punishable by imprisonment
15 for not more than 93 days or a fine of $5,000.00, or both. Upon
16 receiving the abstract of a second or subsequent conviction under
17 subsection (4), the secretary of state shall revoke the person's
18 operator's or chauffeur's license.
19 (6) The suspension or revocation of an operator's or
20 chauffeur's license under subsection (4) or (5) is not appealable
21 under section 323.
22 Enacting section 1. This amendatory act takes effect 90 days
23 after the date it is enacted into law.
24 Enacting section 2. This amendatory act does not take effect
25 unless Senate Bill No. 506
26 of the 99th Legislature is enacted into law.
