Bill Text: MI SB0954 | 2017-2018 | 99th Legislature | Engrossed

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Bill Title: Traffic control; driver license; address confidentiality program for certain victims and individuals; allow for driver license to be issued with designated address. Amends secs. 40b, 310 & 314 of 1949 PA 300 (MCL 257.40b et seq.) & adds sec. 310f. TIE BAR WITH: SB 0655'17

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2018-05-15 - Referred To Committee On Judiciary [SB0954 Detail]

Download: Michigan-2017-SB0954-Engrossed.html

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SB-0954, As Passed Senate, May 15, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 954

 

 

 

 

 

 

 

 

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 40b, 307, 310, and 314 (MCL 257.40b, 257.307,

 

257.310, and 257.314), section 40b as amended by 2012 PA 498,

 

section 307 as amended by 2017 PA 32, section 310 as amended by

 

2016 PA 219, and section 314 as amended by 2011 PA 159, and by

 

adding section 310f.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 40b. (1) "Personal information" means information that

 

 2  identifies an individual, including the individual's photograph or

 

 3  image, name, address (but not the zip code), driver license number,

 

 4  social security Social Security number, telephone number, digitized

 

 5  signature, and medical and disability information. Personal

 

 6  information does not include information on driving and equipment-

 

 1  related violations or civil infractions, driver or vehicle

 

 2  registration status, vehicular accidents, or other behaviorally-

 

 3  related information.

 

 4        (2) "Highly restricted personal information" means an

 

 5  individual's photograph or image, social security Social Security

 

 6  number, digitized signature, medical and disability information,

 

 7  and source documents presented by an applicant to obtain an

 

 8  operator's or chauffeur's license under section 307(1). Highly

 

 9  restricted personal information also includes the confidential

 

10  address of an individual enrolled in the address confidentiality

 

11  program under the address confidentiality program act and the

 

12  emergency contact information under section 310(13). As used in

 

13  this subsection, "confidential address" means that term as defined

 

14  in the address confidentiality program act.

 

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

 

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

 

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

 

18  photographic identity document, a birth certificate, or other

 

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

 

20  verify the identity and citizenship of the applicant. If an

 

21  applicant for an operator's or chauffeur's license is not a citizen

 

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

 

23  identity document and other sufficient documents to verify the

 

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

 

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

 

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

 

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

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

 

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

 

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

 

 4  under this subsection, the applicant shall present documents to

 

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

 

 6  shall accept as 1 of the required identification documents an

 

 7  identification card issued by the department of corrections to

 

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

 

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

 

10  other information identifying the prisoner as provided in section

 

11  37(4) of the corrections code of 1953, 1953 PA 232, MCL 791.237. An

 

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

 

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

 

14  all of the following:

 

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

 

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

 

17  anatomical gift, other information required or permitted on the

 

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

 

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

 

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

 

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

 

22  residence address.

 

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

 

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

 

25  documents demonstrating his or her legal presence in the United

 

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

 

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

 1  2005, Public Law 109-13. The secretary of state may adopt rules

 

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

 

 3  24.201 to 24.328, as are necessary for the administration of this

 

 4  subdivision. A determination by the secretary of state that an

 

 5  applicant is not legally present in the United States may be

 

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

 

 7  1961 PA 236, MCL 600.631.

 

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

 

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

 

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

 

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

 

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

 

13  voter file for voter registration and voting:

 

 

14		"NOTICE: Michigan law requires that the same address
15		be used for voter registration and driver license
16		purposes. Therefore, if the residence address
17		you provide in this application differs from your
18		voter registration address as it appears on the
19		qualified voter file, the secretary of state
20		will automatically change your voter registration
21		to match the residence address on this application,
22		after which your voter registration at your former
23		address will no longer be valid for voting purposes.
24		A new voter registration card, containing the
25		information of your polling place, will be provided
26		to you by the clerk of the jurisdiction where your
27		residence address is located.".

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

 

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

 

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

 

 4  type of motor vehicle during the previous 10 years.

 

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

 

 6  group designation or indorsement, the following certifications by

 

 7  the applicant:

 

 8        (i) The applicant meets the applicable federal driver

 

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

 

10  the applicable qualifications of the department of state police

 

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

 

12  to 480.25.

 

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

 

14  28 skills tests is representative of the type of vehicle the

 

15  applicant operates or intends to operate.

 

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

 

17  United States Secretary of Transportation, or a suspension,

 

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

 

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

 

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

 

21  than 1 state or jurisdiction.

 

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

 

23  a vehicle group designation and a hazardous material indorsement

 

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

 

25  federal law.

 

26        (g) An applicant for an operator's or chauffeur's license who

 

27  is a participant in the address confidentiality program under the

 1  address confidentiality program act shall provide to the secretary

 

 2  of state his or her participation card issued under the address

 

 3  confidentiality program act.

 

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

 

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

 

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

 

 7  acquire equipment purchased or leased under this section under

 

 8  standard purchasing procedures of the department of technology,

 

 9  management, and budget based on standards and specifications

 

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

 

11  not purchase or lease equipment until an appropriation for the

 

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

 

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

 

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

 

15  digital photographic image and signature shall be used as 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 contain a signature or verification

 

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

 

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

 

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

 

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

 

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

 

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

 

10  examination requirements of the secretary of state within 90 days

 

11  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 contain

 

 5  the information required under 49 CFR part 383.

 

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

 

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

 

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

 

 9  purposes:

 

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

 

11  state law and rules related to this chapter.

 

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

 

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

 

14  paternity, child support, or overdue child support.

 

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

 

16  National Driver Register and the Commercial Driver's License

 

17  Information System when issuing a license under this act.

 

18        (d) With the department of health and human services, for

 

19  comparison with vital records maintained by the department of

 

20  health and human services under part 28 of the public health code,

 

21  1978 PA 368, MCL 333.2801 to 333.2899.

 

22        (e) As otherwise required by law.

 

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

 

24  social security Social Security number on the person's operator's

 

25  or chauffeur's license.

 

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

 

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

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

 

 2  from obtaining a social security Social Security number.

 

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

 

 4  1978 PA 368, MCL 333.10120, the secretary of state shall maintain

 

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

 

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

 

 7  federally designated organ procurement organization or its

 

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

 

 9  that complies with that section.

 

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

 

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

 

12  enter into agreements with the United States government to verify

 

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

 

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

 

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

 

16  States.

 

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

 

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

 

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

 

20  confirmation that the person is terminating or has terminated the

 

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

 

22  state.

 

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

 

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

 

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

 

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

 

27  chauffeur's licenses are produced.

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

 

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

 

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

 

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

 

 5  clearance requirements. The security requirements of this

 

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

 

 7  manufactured or produced in this state.

 

 8        (c) Provide fraudulent document recognition programs to

 

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

 

10  licenses and chauffeur's licenses.

 

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

 

12  prisoner information maintained by the department of corrections

 

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

 

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

 

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

 

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

 

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

 

18  motorcycle indorsement under section 312a or a vehicle group

 

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

 

20  chauffeur's license before the indorsement or vehicle group

 

21  designation application is accepted and processed. An original

 

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

 

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

 

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

 

25  be landscape or horizontal in form.

 

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

 

27  of the following:

 1        (a) The distinguishing number permanently assigned to the

 

 2  licensee.

 

 3        (b) The Except as provided in section 310f, the full legal

 

 4  name, date of birth, address of residence, height, eye color, sex,

 

 5  digital photographic image, expiration date, and signature of the

 

 6  licensee.

 

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

 

 8  wish to participate in the anatomical gift donor registry under

 

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

 

10  333.10123, a heart insignia on the front of the license.

 

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

 

12  counterfeiting, or duplication of the license for fraudulent

 

13  purposes.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

23  department of military and veterans affairs in determining the

 

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

 

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

 

26  state may provide the department of military and veterans affairs

 

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

 1  services with information provided by an applicant under this

 

 2  subsection for the purpose of veterans' benefits eligibility

 

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

 

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

 

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

 

 6  information required on the license pursuant to under this chapter

 

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

 

 8  state.

 

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

 

10  image of the licensee.

 

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

 

12  registration purposes. The digitized license may contain

 

13  information appearing in electronic or machine readable codes

 

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

 

15  information shall be limited to the information described in

 

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

 

17  photographic image and signature, state of issuance, license

 

18  expiration date, and other information necessary for use with

 

19  electronic devices, machine readers, or automatic teller machines

 

20  and shall not contain the driving record or other personal

 

21  identifier. The license shall identify the encoded information.

 

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

 

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

 

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

 

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

 

26  the information required under 49 CFR part 383.

 

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

 1  intentionally reproduces, alters, counterfeits, forges, or

 

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

 

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

 

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

 

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

 

 6  subject to 1 of the following:

 

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

 

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

 

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

 

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

 

11  reproduction, alteration, counterfeiting, forging, duplication, or

 

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

 

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

 

14        (b) 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 less than 10 years or a misdemeanor punishable by

 

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

 

19  reproduction, alteration, counterfeiting, forging, duplication, or

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

11  counterfeited, forged, or duplicated license photographs, negatives

 

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

 

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

 

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

 

15  than $10,000.00, or both.

 

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

 

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

 

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

 

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

 

20  license is guilty of a misdemeanor punishable by imprisonment for

 

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

 

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

 

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

 

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

 

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

 

26  examination that an applicant is mentally and physically qualified

 

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

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

 

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

 

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

 

 4  before the secretary of state has issued the applicant an

 

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

 

 6  establish a longer duration for the validity of a temporary

 

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

 

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

 

 9  federal law.

 

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

 

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

 

12  emergency contact information, immunization data, medication data,

 

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

 

14  shall not require an applicant for an original or renewal

 

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

 

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

 

17  secretary of state may inquire whether an operator or chauffeur

 

18  would like to provide emergency contact information. Emergency

 

19  contact information obtained under this subsection shall be

 

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

 

21  enforcement purposes or to the extent necessary for a medical

 

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

 

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

 

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

 

25  appropriate system that limits access to law enforcement that would

 

26  allow law enforcement agencies of this state to access emergency

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 8  designated a patient advocate in accordance with sections 5506 to

 

 9  5515 of the estates and protected individuals code, 1998 PA 386,

 

10  MCL 700.5506 to 700.5515.

 

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

 

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

 

13  293, MCL 722.1 to 722.6, the license shall bear the designation of

 

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

 

15  secretary of state.

 

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

 

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

 

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

 

19  for a legitimate business purpose.

 

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

 

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

 

22  assisting in implementing an emergency medical information card,

 

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

 

24  emergency medical information card may contain information

 

25  concerning the licensee's patient advocate designation, other

 

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

 

27  licensee has stored or registered emergency medical information.

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 8  considered to have revoked that agreement solely because the

 

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

 

10  Enrollment in the donor registry constitutes a legal agreement that

 

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

 

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

 

13  oppose the donor's anatomical gift.

 

14        Sec. 310f. (1) Beginning on February 16, 2021, upon receipt of

 

15  a notice from the department of the attorney general that an

 

16  individual who has been issued an operator's or chauffeur's license

 

17  under this act has been certified as a participant in the address

 

18  confidentiality program, the secretary of state shall issue a

 

19  corrected operator's or chauffeur's license to that individual by

 

20  mailing the license to his or her designated address. The

 

21  operator's or chauffeur's license shall display the individual's

 

22  designated address and shall not display the individual's residence

 

23  address.

 

24        (2) An individual who is issued a corrected license under this

 

25  section shall destroy his or her old license and replace it with

 

26  the corrected license.

 

27        (3) An individual whose certification as a participant in the

 1  address confidentiality program is renewed under the address

 

 2  confidentiality program act may renew a license issued under this

 

 3  section upon payment of the renewal fee under section 811.

 

 4        (4) As used in this section:

 

 5        (a) "Address confidentiality program" means a program as that

 

 6  term is defined in the address confidentiality program act.

 

 7        (b) "Designated address" means that term as defined in the

 

 8  address confidentiality program act.

 

 9        Sec. 314. (1) Except as otherwise provided in this section and

 

10  section 310f, operator's licenses and chauffeur's licenses expire

 

11  on the birthday of the person to whom the license is issued in the

 

12  fourth year following the date of the issuance of the license or on

 

13  the date the person is no longer considered to be legally present

 

14  in the United States under section 307, whichever is earlier,

 

15  unless suspended or revoked before that date. A license shall not

 

16  be issued for a period longer than 4 years. A person holding a

 

17  license at any time 12 months before the expiration of his or her

 

18  license may apply for a new license as provided for in this

 

19  chapter. A knowledge test for an original group designation or

 

20  indorsement may be taken at any time during this period and the

 

21  results are valid for 12 months. A license renewed under this

 

22  subsection shall be renewed for the time remaining on the license

 

23  before its renewal combined with the 4-year renewal period.

 

24        (2) The Except as provided in section 310f, the first

 

25  operator's license issued to a person who at the time of

 

26  application is less than 20-1/2 years of age expires on the

 

27  licensee's twenty-first birthday or on the date the person is no

 1  longer considered to be legally present in the United States under

 

 2  section 307, whichever is earlier, unless suspended or revoked.

 

 3        (3) The Except as provided in section 310f, the first

 

 4  chauffeur's license issued to a person expires on the licensee's

 

 5  birthday in the fourth year following the date of issuance or on

 

 6  the date the person is no longer considered to be legally present

 

 7  in the United States under section 307, whichever is earlier,

 

 8  unless the license is suspended or revoked before that date. The

 

 9  Except as provided in section 310f, the chauffeur's license of a

 

10  person who at the time of application is less than 20-1/2 years of

 

11  age expires on the licensee's twenty-first birthday or on the date

 

12  the person is no longer considered to be legally present in the

 

13  United States under section 307, whichever is earlier, unless

 

14  suspended or revoked. A subsequent chauffeur's license expires on

 

15  the birthday of the person to whom the license is issued in the

 

16  fourth year following the date of issuance of the license or on the

 

17  date the person is no longer considered to be legally present in

 

18  the United States under section 307, whichever is earlier, unless

 

19  the license is suspended or revoked before that date.

 

20        (4) A person may apply for an extension of his or her driving

 

21  privileges if he or she is out of state on the date that his or her

 

22  operator's or chauffeur's license expires. The extension may extend

 

23  the license for 180 days beyond the expiration date or not more

 

24  than 2 weeks after the applicant returns to Michigan, whichever

 

25  occurs first. This subsection does not apply to a person who fails

 

26  to meet the requirements of 49 CFR parts 383 and 391 with regard to

 

27  medical certification documentation requirements.

 1        (5) The secretary of state may issue a renewal operator's or

 

 2  chauffeur's license to a person who will be out of state for more

 

 3  than 180 days beyond the expiration date of his or her operator's

 

 4  or chauffeur's license, if the secretary of state has a digital

 

 5  image of the person on file. The applicant for this renewal shall

 

 6  submit a statement evidencing a vision examination in accordance

 

 7  with the rules promulgated by the secretary of state under section

 

 8  309 and any other statement required by this act or federal law. A

 

 9  person is not eligible for consecutive renewals of a license under

 

10  this subsection. This subsection does not apply to a person who

 

11  fails to meet the requirements of 49 CFR parts 383 and 391 with

 

12  regard to medical certification documentation requirements, or a

 

13  person with a hazardous material indorsement on his or her

 

14  operator's or chauffeur's license.

 

15        (6) The secretary of state may check the applicant's driving

 

16  record through the national driver register and the commercial

 

17  driver license information system before issuing a renewal under

 

18  this section.

 

19        Enacting section 1. This amendatory act takes effect 180 days

 

20  after the date it is enacted into law.

 

21        Enacting section 2. This amendatory act does not take effect

 

22  unless Senate Bill No. 655 of the 99th Legislature is enacted into

 

23  law.