Bill Text: MI SB1069 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Traffic control; driver license; medical alert barcode placed on driver license; provide for. Amends sec. 310 of 1949 PA 300 (MCL 257.310) & adds sec. 310a.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-09-16 - Referred To Committee On Transportation [SB1069 Detail]

Download: Michigan-2013-SB1069-Introduced.html

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SENATE BILL No. 1069

 

 

September 16, 2014, Introduced by Senator SCHUITMAKER and referred to the Committee on Transportation.

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 310 (MCL 257.310), as amended by 2013 PA 27,

 

and by adding section 310a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

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

 

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

 

motorcycle indorsement under section 312a or a vehicle group

 

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

 

chauffeur's license before the indorsement or vehicle group

 

designation application is accepted and processed. An original

 

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

 

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

 

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

 

be landscape or horizontal in form.

 

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

 

of the following:

 

     (a) The distinguishing number permanently assigned to the

 

licensee.

 

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

 

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

 

date, and signature of the licensee.

 

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

 

wish to participate in the anatomical gift donor registry under

 

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

 

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

 

     (d) Physical security features designed to prevent tampering,

 

counterfeiting, or duplication of the license for fraudulent

 

purposes.

 

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

 

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

 

other than an individual who was dishonorably discharged from the

 

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

 

designation that the individual is a veteran. The designation shall

 

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

 

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

 

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

 

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

 

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

 

this subdivision. The secretary of state shall consult with the

 

department of military and veterans affairs in determining the

 

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

 

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

 

state may provide the department of military and veterans affairs

 

and agencies of the counties of this state that provide veteran

 

services with information provided by an applicant under this

 

subsection for the purpose of veterans' benefits eligibility

 

referral.

 

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

 

information required on the license pursuant to under this chapter

 

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

 

state.

 

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

 

image of the licensee.

 

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

 

registration purposes. The In addition to the information described

 

in section 310a, the digitized license may contain information

 

appearing in electronic or machine readable codes needed to conduct

 

a transaction with the secretary of state. The Except as provided

 

in section 310a, the information shall be limited to the person's

 

driver license number, birth date, full legal name, date of

 

transaction, gender, address, state of issuance, license expiration

 

date, and other information necessary for use with electronic

 

devices, machine readers, or automatic teller machines and shall

 

not contain the driving record or other personal identifier. The

 

license shall identify the encoded information.

 

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

 

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

 

forge, or duplicate the license without ready detection. In

 

addition, a license with a vehicle group designation shall contain

 

the information required under 49 CFR part 383.

 

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

 

intentionally reproduces, alters, counterfeits, forges, or

 

duplicates a license photograph, the negative of the photograph,

 

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

 

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

 

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

 

subject to 1 of the following:

 

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

 

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

 

the commission of an offense that is a felony punishable by

 

imprisonment for 10 or more years, the person committing the

 

reproduction, alteration, counterfeiting, forging, duplication, or

 

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

 

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

 

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

 

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

 

the commission of an offense that is a felony punishable by

 

imprisonment for less than 10 years or a misdemeanor punishable by

 

imprisonment for 6 months or more, the person committing the

 

reproduction, alteration, counterfeiting, forging, duplication, or

 

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

 

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

 

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

 

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

 

the commission of an offense that is a misdemeanor punishable by

 

imprisonment for less than 6 months, the person committing the

 

reproduction, alteration, counterfeiting, forging, duplication, or

 

use is guilty of a misdemeanor punishable by imprisonment for not

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

counterfeited, forged, or duplicated license photographs, negatives

 

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

 

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

 

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

 

than $10,000.00, or both.

 

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

 

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

 

duplicated license photograph, negative of the photograph, image,

 

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

 

license is guilty of a misdemeanor punishable by imprisonment for

 

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

 

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

 

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

 

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

 

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

 

examination that an applicant is mentally and physically qualified

 

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

 

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

 

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

 

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

 

before the secretary of state has issued the applicant an

 

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

 

establish a longer duration for the validity of a temporary

 

driver's permit if necessary to accommodate the process of

 

obtaining a background check that is required for an applicant by

 

federal law.

 

     (13) An In addition to registering with the medical

 

information registry described in section 310a, an operator or

 

chauffeur may indicate on the license in a place designated by the

 

secretary of state his or her blood type, emergency contact

 

information, immunization data, medication data, or a statement

 

that the licensee is deaf. The secretary of state shall not require

 

an applicant for an original or renewal operator's or chauffeur's

 

license to provide emergency contact information as a condition of

 

obtaining a license. However, the secretary of state may inquire

 

whether an operator or chauffeur would like to provide emergency

 

contact information. Emergency contact information obtained under

 

this subsection shall be disclosed only to a state or federal law

 

enforcement agency for law enforcement purposes or to the extent

 

necessary for a medical emergency.

 

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

 

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

 

designated a patient advocate in accordance with sections 5506 to

 

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

 

MCL 700.5506 to 700.5515.

 

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

 

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

 

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

 

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

 

secretary of state.

 

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

 

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

 

duplications of a license to document the identity of the licensee

 

for a legitimate business purpose.

 

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

 

hospital, school, medical group, or association interested in

 

assisting in implementing an emergency medical information card,

 

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

 

emergency medical information card may contain information

 

concerning the licensee's patient advocate designation, other

 

emergency medical information, or an indication as to where the

 

licensee has stored or registered emergency medical information.

 

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

 

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

 

the anatomical gift donor registry under part 101 of the public

 

health code, 1978 PA 368, MCL 333.10101 to 333.10123, or the

 

medical information registry under section 310a.

 

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

 

anatomical gift donor registry under part 101 of the public health

 

code, 1978 PA 368, MCL 333.10101 to 333.10123, or the medical

 

information registry under section 310a shall not be considered to

 

have revoked that agreement solely because the licensee's license

 

has been revoked or suspended or has expired. Enrollment in the

 

anatomical gift donor registry under part 101 of the public health

 

code, 1978 PA 368, MCL 333.10101 to 333.10123, constitutes a legal

 

agreement that remains binding and in effect after the donor's

 

death regardless of the expressed desires of the deceased donor's

 

next of kin who may oppose the donor's anatomical gift.

 

     Sec. 310a. (1) The secretary of state shall establish or

 

contract for the establishment of a medical information registry.

 

     (2) As provided in section 310 and section 2 of 1972 PA 222,

 

MCL 28.292, the secretary of state shall inquire of each applicant

 

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

 

participate in the medical information registry described in

 

subsection (1). The secretary of state shall maintain a record of

 

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

 

and medical information on the medical information registry.

 

     (3) The secretary of state shall maintain the medical

 

information registry in a manner that provides electronic access to

 

a first responder or healthcare provider by means of a QR barcode.

 

     (4) A medical information registry under this section shall

 

meet all of the following requirements:

 

     (a) Be accessible to a first responder or health care provider

 

to allow him or her to obtain the medical information provided to

 

the medical information registry by an individual.

 

     (b) Provide electronic access, including, but not limited to,

 

the transfer of data for purposes of subdivision (a) on a 7-day-a-

 

week, 24-hour-a-day basis at no cost to a first responder or health

 

care provider.

 

     (5) Medical information or other personally identifiable

 

information on a medical information registry about an individual

 

shall not be used or disclosed without the express consent of the

 

individual for any purpose other than to provide quick access to

 

the information to a first responder or other health care provider

 

in case of emergency when the individual is unable to respond.