Bill Text: MI SB1092 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Traffic control: driver license; resident address on driver license different from residence address; allow. Amends secs. 307, 307a, 310 & 315 of 1949 PA 300 (MCL 257.307 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-09-09 - Referred To Committee On Judiciary And Public Safety [SB1092 Detail]
Download: Michigan-2019-SB1092-Introduced.html
SENATE BILL NO. 1092
September 09, 2020, Introduced by Senator
LUCIDO and referred to the Committee on Judiciary and Public Safety.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 307, 307a, 310, and 315 (MCL 257.307, 257.307a, 257.310, and 257.315), section 307 as amended by 2018 PA 604, section 307a as amended by 2011 PA 159, section 310 as amended by 2018 PA 177, and section 315 as amended by 2008 PA 7.
the people of the state of michigan enact:
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Sec. 307. (1) If an applicant for an operator's
license or
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chauffeur's license to operate a noncommercial motor
vehicle is a citizen of the United States, the applicant shall supply a
photographic identity document, a birth certificate, or other sufficient
documents as the secretary of state may require, to verify the identity and
citizenship of the applicant. If an applicant for an operator's or chauffeur's
license is not a citizen of the United States, the applicant shall supply a
photographic identity document and other sufficient documents to verify the
identity of the applicant and the applicant's legal presence in the United
States under subdivision (b). The documents required under this subsection must
include the applicant's full legal name, date of birth, and address and
residency and demonstrate that the applicant is a citizen of the United States
or is legally present in the United States. If the applicant's full legal name
differs from the name of the applicant that appears on a document presented
under this subsection, the applicant shall present documents to verify his or
her current full legal name. The secretary of state shall accept as 1 of the
required identification documents an identification card issued by the
department of corrections to prisoners who are placed on parole or released
from a correctional facility, containing the prisoner's legal name, photograph,
and other information identifying the prisoner as provided in section 37(4) of
the corrections code of 1953, 1953 PA 232, MCL 791.237. An application for an
operator's or chauffeur's license must be made in a manner prescribed by the
secretary of state and must contain all of the following:
(a) The applicant's full legal name, date of birth,
residence address, height, sex, eye color, signature, intent to make an
anatomical gift, other information required or permitted on the
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license under this chapter, and, only to the extent
required to comply with federal law, the applicant's Social Security number.
The applicant may provide a mailing address if the applicant receives mail at
an address different from his or her residence address.
(b) If the applicant is not a citizen of the United
States, the applicant shall provide, and the department shall verify, documents
demonstrating his or her legal presence in the United States. Nothing in this
act shall must obligate or be construed to obligate
this state to comply with title II of the real ID act of 2005, Public Law
109-13. The secretary of state may adopt rules under the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, as are necessary for
the administration of this subdivision. A determination by the secretary of
state that an applicant is not legally present in the United States may be
appealed under section 631 of the revised judicature act of 1961, 1961 PA 236,
MCL 600.631. The secretary of state shall not issue an operator's license or a
chauffeur's license to an applicant described in this subdivision for a term
that exceeds the duration of the applicant's legal presence in the United
States.
(c) The following
notice must be included to inform the applicant that under sections 509o and
509r of the Michigan election law, 1954 PA 116, MCL 168.509o and 168.509r, the
secretary of state is required to use the residence address provided on this
application as the applicant's residence address on the qualified voter file
for voter registration and voting:
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"NOTICE: Michigan law requires that the same address |
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be used for voter registration and driver license |
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purposes. Therefore, if the residence address |
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you provide in this application differs from your |
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voter registration address as it appears on the |
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qualified voter file, the secretary of state |
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will automatically change your voter registration |
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to match the residence address on this application, |
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after which your voter registration at your former |
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address will no longer be valid for voting purposes. |
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A new voter registration card, containing the |
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information of your polling place, will be provided |
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to you by the clerk of the jurisdiction where your |
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residence address is located.". |
(c) (d) For an original or renewal operator's or chauffeur's license with a vehicle group designation or indorsement, the names of all states where the applicant has been licensed to drive any type of motor vehicle during the previous 10 years.
(d) (e) For an operator's or chauffeur's license with a vehicle group designation or indorsement, the following certifications by the applicant:
(i) The applicant
meets the applicable federal driver qualification requirements under 49 CFR
parts 383 and 391 or meets the applicable qualifications of the department of
state police under the motor carrier safety act of 1963, 1963 PA 181, MCL
480.11 to 480.25.
(ii) The vehicle in
which the applicant will take the driving skills tests is representative of the
type of vehicle the applicant operates or intends to operate.
(iii) The applicant
is not subject to disqualification by the United States Secretary of
Transportation, or a suspension, revocation, or cancellation under any state
law for conviction of
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an offense described in section 312f
or 319b.
(iv) The applicant
does not have a driver's license from more than 1 state or jurisdiction.
(e) (f) An applicant for an operator's or
chauffeur's license with a vehicle group designation and a hazardous material
indorsement shall provide his or her fingerprints as prescribed by state and
federal law.
(f) (g) For automatic voter registration
purposes under section 493a of the Michigan election law, 1954 PA 116, MCL
168.493a, a space for the applicant to indicate on the application or change of
address application whether he or she is a citizen of the United States.
(g) (h) A space to allow the applicant to
indicate that the applicant declines to use the application as a voter
registration application.
(2) An applicant for an operator's
or chauffeur's license may have his or her image and signature captured or
reproduced when the application for the license is made. The secretary of state
shall acquire equipment purchased or leased under this section under standard
purchasing procedures of the department of technology, management, and budget
based on standards and specifications established by the secretary of state.
The secretary of state shall not purchase or lease equipment until an
appropriation for the equipment has been made by the legislature. A digital
photographic image and signature captured under this section must appear on the
applicant's operator's license or chauffeur's license. A person's digital
photographic image and signature shall be used as follows:
(a) By a federal, state, or local
governmental agency for a law enforcement purpose authorized by law.
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(b) By the secretary of state for a
use specifically authorized by law.
(c) By the secretary of state for
forwarding to the department of state police the images of persons required to
be registered under the sex offenders registration act, 1994 PA 295, MCL 28.721
to 28.736, upon the department of state police providing the secretary of state
an updated list of the names of those persons.
(d) By the secretary of state for
forwarding to the department of state police as provided in section 5c of 1927
PA 372, MCL 28.425c.
(e) By the secretary of state for
forwarding to the department of licensing and regulatory affairs the images of
applicants for an official state registry identification card issued under
section 6 of the Michigan medical
marihuana act, Medical
Marihuana Act, 2008 IL 1, MCL 333.26426, if the department of
licensing and regulatory affairs promulgates rules requiring a photograph as a
design element for an official state registry identification card.
(f) As necessary to comply with a
law of this state or of the United States.
(3) An application must contain a
signature or verification and certification by the applicant, as determined by
the secretary of state, and must be accompanied by the proper fee. The
secretary of state shall collect the application fee with the application. The
secretary of state shall refund the application fee to the applicant if the
license applied for is denied, but shall not refund the fee to an applicant who
fails to complete the examination requirements of the secretary of state within
90 days after the date of application for a license.
(4) In conjunction with the
application for an original or
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renewal operator's license or
chauffeur's license, the secretary of state shall do all of the following:
(a) If the applicant is not a
participant in the anatomical gift donor registry program, specifically
inquire, either orally or in writing, whether the applicant wishes to
participate in the anatomical gift donor registry program under part 101 of the
public health code, 1978 PA 368, MCL 333.10101 to 333.10123. If the secretary
of state or an employee of the secretary of state fails to inquire whether an
applicant wishes to participate in the anatomical gift donor registry program
as required by this subdivision, neither the secretary of state nor the
employee is civilly or criminally liable for the failure to make the inquiry.
(b) Provide the applicant with all
of the following:
(i) Information
explaining the applicant's right to make an anatomical gift in the event of
death in accordance with section 310.
(ii) Information
describing the anatomical gift donor registry program under part 101 of the
public health code, 1978 PA 368, MCL 333.10101 to 333.10123. The information
required under this subparagraph includes the address and telephone number of
Michigan's federally designated organ procurement organization as that term is
defined in section 10102 of the public health code, 1978 PA 368, MCL 333.10102,
or its successor organization.
(iii) Information
giving the applicant the opportunity to be placed on the donor registry
described in subparagraph (ii).
(c) Provide the applicant with the
opportunity to specify on his or her operator's or chauffeur's license that he
or she is willing to make an anatomical gift in the event of death in
accordance with section 310.
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(d) Inform the applicant that, if he
or she indicates to the secretary of state under this section a willingness to
have his or her name placed on the donor registry described in subdivision (b)(ii), the secretary
of state will mark the applicant's record for the donor registry.
(5) The secretary of state may
fulfill the requirements of subsection (4) by 1 or more of the following
methods:
(a) Providing printed material
enclosed with a mailed notice for an operator's or chauffeur's license renewal
or the issuance of an operator's or chauffeur's license.
(b) Providing printed material to an
applicant who personally appears at a secretary of state branch office, or
inquiring orally.
(c) Through electronic information
transmittals for operator's and chauffeur's licenses processed by electronic
means.
(6) The secretary of state shall
maintain a record of an individual who indicates a willingness to have his or
her name placed on the donor registry described in subsection (4)(b)(ii). Information
about an applicant's indication of a willingness to have his or her name placed
on the donor registry that is obtained by the secretary of state under
subsection (4) and forwarded under subsection (14) is exempt from disclosure
under section 13(1)(d) of the freedom of information act, 1976 PA 442, MCL
15.243. The secretary of state is not required to maintain a record of an
individual who does not indicate a willingness to have his or her name placed
on the donor registry described in subsection (4)(b)(ii) or an individual
who does not respond to an inquiry under subsection (4)(a).
(7) If an application is received
from a person previously licensed in another jurisdiction, the secretary of
state shall
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request a copy of the applicant's
driving record and other available information from the National Driver
Register. When received, the driving record and other available information
become a part of the driver's record in this state.
(8) If a person applies for a
commercial learner's permit for an original vehicle group designation or
indorsement to operate a commercial motor vehicle, the secretary of state may
verify the person's identity, may require proof of Michigan domicile under 49
CFR 383.5, and may verify the person's proof of United States citizenship or
proof of lawful permanent residency as required under 49 CFR 383.71 and 383.73,
if that information is not on the person's Michigan driving record. If a person
applies for a renewal of an operator's or chauffeur's license to operate a
commercial motor vehicle, the secretary of state may verify the person's
identity, may require proof of Michigan domicile under 49 CFR 383.5, and may
verify the person's proof of citizenship or lawful permanent residency under 49
CFR 383.71 and 383.73, if that information is not on the person's Michigan
driving record. If a person applies for an upgrade of a vehicle group
designation or indorsement, the secretary of state may verify the person's identity,
may require proof of Michigan domicile under 49 CFR 383.5, and may verify the
person's proof of citizenship or lawful permanent residency under 49 CFR 383.71
and 383.73, if that information is not on the person's Michigan driving record.
The secretary of state shall request the person's complete driving record from
all states where the applicant was previously licensed to drive any type of
motor vehicle over the last 10 years before issuing a vehicle group designation
or indorsement to the applicant. If the applicant does not hold a valid
commercial motor
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vehicle driver license from a state
where he or she was licensed in the last 10 years, this complete driving record
request must be made not earlier than 24 hours before the secretary of state
issues the applicant a vehicle group designation or indorsement. For all other
drivers, this request must be made not earlier than 10 days before the
secretary of state issues the applicant a vehicle group designation or
indorsement. If the application is for the renewal of a vehicle group
designation or indorsement, and if the secretary of state enters on the
person's driving record maintained under section 204a a notation that the
request was made and the date of the request, the secretary of state is
required to request the applicant's complete driving record from other states
only once under this section. The secretary of state shall also check the
applicant's driving record with the National Driver Register and the federal
Commercial Driver's License Information System before issuing that group
designation or indorsement.
(9) Except for a vehicle group
designation or indorsement or as provided in this subsection or section 314(5),
the secretary of state may issue a renewal operator's or chauffeur's license
for 1 additional 4-year period or until the person is no longer determined to
be legally present under this section by mail or by other methods prescribed by
the secretary of state. The secretary of state may check the applicant's
driving record through the National Driver Register and the Commercial Driver's
License Information System before issuing a license under this section. The
secretary of state shall issue a renewal license only in person if the person
is a person required under section 5a of the sex offenders registration act,
1994 PA 295, MCL 28.725a, to maintain a valid operator's or chauffeur's license
or official state personal
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identification card. If a license is
renewed by mail or by other method, the secretary of state shall issue evidence
of renewal to indicate the date the license expires in the future. The
department of state police shall provide to the secretary of state updated
lists of persons required under section 5a of the sex offenders registration
act, 1994 PA 295, MCL 28.725a, to maintain a valid operator's or chauffeur's
license or official state personal identification card.
(10) Upon request, the secretary of
state shall provide an information manual to an applicant explaining how to
obtain a vehicle group designation or indorsement. The manual must contain the
information required under 49 CFR part 383.
(11) The secretary of state shall
not disclose a Social Security number obtained under subsection (1) to another
person except for use for 1 or more of the following purposes:
(a) Compliance with 49 USC 31301 to
31317 and regulations and state law and rules related to this chapter.
(b) To carry out the purposes of
section 466(a) of the social security act, 42 USC 666, in connection with
matters relating to paternity, child support, or overdue child support.
(c) To check an applicant's driving
record through the National Driver Register and the Commercial Driver's License
Information System when issuing a license under this act.
(d) With the department of health
and human services, for comparison with vital records maintained by the
department of health and human services under part 28 of the public health
code, 1978 PA 368, MCL 333.2801 to 333.2899.
(e) As otherwise required by law.
(12) The secretary of state shall
not display a person's
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Social Security number on the
person's operator's or chauffeur's license.
(13) A requirement under this
section to include a Social Security number on an application does not apply to
an applicant who demonstrates that he or she is exempt under law from obtaining
a Social Security number.
(14) As required in section 10120 of
the public health code, 1978 PA 368, MCL 333.10120, the secretary of state
shall maintain the donor registry in a manner that provides electronic access,
including, but not limited to, the transfer of data to this state's federally
designated organ procurement organization or its successor organization, tissue
banks, and eye banks, in a manner that complies with that section.
(15) The secretary of state, with
the approval of the state administrative board created under 1921 PA 2, MCL
17.1 to 17.3, may enter into agreements with the United States government to
verify whether an applicant for an operator's license or a chauffeur's license
under this section who is not a citizen of the United States is authorized
under federal law to be present in the United States.
(16) The secretary of state shall
not issue an operator's license or a chauffeur's license to a person holding an
operator's license or chauffeur's license issued by another state without
confirmation that the person is terminating or has terminated the operator's
license or chauffeur's license issued by the other state.
(17) The secretary of state shall do
all of the following:
(a) Ensure the physical security of
locations where operator's licenses and chauffeur's licenses are produced and
the security of
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document materials and papers from
which operator's licenses and chauffeur's licenses are produced.
(b) Subject all persons authorized
to manufacture or produce operator's licenses or chauffeur's licenses and all
persons who have the ability to affect the identity information that appears on
operator's licenses or chauffeur's licenses to appropriate security clearance
requirements. The security requirements of this subdivision and subdivision (a)
may require that licenses be manufactured or produced in this state.
(c) Provide fraudulent document
recognition programs to department of state employees engaged in the issuance
of operator's licenses and chauffeur's licenses.
(18) The secretary of state shall
have electronic access to prisoner information maintained by the department of
corrections for the purpose of verifying the identity of a prisoner who applies
for an operator's or chauffeur's license under subsection (1).
Sec. 307a. For an operator or chauffeur license that
contains a vehicle group designation, the secretary of state shall issue a
license that contains the information required under this act and all of the
following information:
(a) The name and residence address of residence or, on request, mailing address of the licensee.
(b) Date of birth.
(c) Height and sex.
(d) Information required by the United States department Department of transportation Transportation under 49 CFR 383.153.
(e) In accordance with federal regulations, the
vehicle group designation and any indorsement or restriction of a commercial
motor vehicle the licensee is authorized to operate.
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(f) The name of this state.
(g) The expiration date of the license.
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 must be portrait or vertical in form and
a license issued to a person 21 years of age or over shall must be
landscape or horizontal in form.
(2) The license issued under subsection (1) shall must contain all of the following:
(a) The distinguishing number permanently assigned to
the licensee.
(b) The full legal name, date of birth, residence address of residence, or, on request of the applicant, mailing address, 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
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armed forces of this state, another state, or the
United States, a designation that the individual is a veteran. The designation shall must 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. As used
in this subdivision, "veteran" means that term as defined in section
1 of 1965 PA 190, MCL 35.61.
(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 must not
contain a fingerprint or finger image of the licensee.
(5) A digitized license may contain an identifier for
voter registration purposes. The digitized license may contain information
appearing in electronic or machine readable codes needed to conduct a
transaction with the secretary of state. The information shall must be limited to the information
described in
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subsection (2)(a) and (b) except for the person's
digital photographic image and signature, state of issuance, license expiration
date, and other information necessary for use with electronic devices, machine
readers, or automatic teller machines and shall must not
contain the driving record or other personal identifier. The license shall must identify the encoded information.
(6) The license shall must 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 must 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
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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,
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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 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
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enforcement purposes or to the extent necessary for a
medical emergency. No later than January 1, 2017, the secretary of state shall
develop and shall, in conjunction with the department of state police, implement
a process using the L.E.I.N. or any other appropriate system that limits access
to law enforcement that would allow law enforcement agencies of this state to
access emergency contact information that the holder of an operator's license
has voluntarily provided to the secretary of state. As used in this subsection,
"emergency contact information" means the name, telephone number, or
address of an individual that is used for the sole purpose of contacting that
individual when the holder of an operator's license has been involved in an
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 must 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,
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but shall must 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.
(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, 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 donor registry 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.
(20) If an operator's or chauffeur's license is issued to an individual described in section 307(1)(b) who has temporary lawful status, the license shall must be issued in compliance with 6 CFR 37.21 or in compliance with the process established to comply with 6 CFR 37.71 by the secretary of state. As used in this subsection, "temporary lawful status" means that term as defined in 6 CFR 37.3.
Sec. 315. (1) An operator or chauffeur who changes his
or her residence before the expiration of a license granted under this chapter
shall immediately notify the secretary of state of his or her new residence
address. A change of address notification shall must be
in a manner prescribed by the secretary of state and may
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include notification by personally appearing at a
branch office of the secretary of state or other location designated by the
secretary of state, or a notification by mail, telephone, electronically, by
submitting a voter registration application unless the person registers to vote
in a city, village, or township that prohibits the operation of motor vehicles
by law or ordinance, or by any other means prescribed by the secretary of
state. The secretary of state shall
provide the person changing his or her residence address the notice required by
section 307(1)(c) that, under sections 509o and 509r of the Michigan election
law, 1954 PA 116, MCL 168.509o and 168.509r, the secretary of state is required
to use the residence address provided on this change of address application as
the person's residence address on the qualified voter file for voter
registration and voting. However, a A person may submit to the secretary of state a
mailing address that is different than his or her residence address.
(2) Upon receiving a change of address notification,
the secretary of state shall change the person's driver license record to
indicate the new residence address or mailing
address. The secretary of state shall provide the person with a
new license or a label or some other mechanism containing the new residence
address or, if requested by the applicant,
the new mailing address. Upon receipt of the label or other
mechanism, the person shall affix the label or mechanism to his or her
operator's or chauffeur's license as prescribed by the secretary of state. If
the secretary of state furnished the person with a new license, the person
shall destroy his or her old license and replace it with the new license.
(3) If a person fails to report a change of his or her
residence address as required under this section and subsequently
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there is no response to a notice mailed to the residence
address shown by the record of the secretary of state or if the person has
provided the secretary of state a mailing address different from his or her
residence address and there is no response to a notice mailed to that mailing
address, the secretary of state may immediately suspend or revoke his or her
license. A person who fails to report a change of his or her residence address
is responsible for a civil infraction.
(4) A person shall not knowingly report a change of residence address to the secretary of
state for himself or herself that is not his or her residence address. A person
shall not knowingly report a change of address to the secretary of state for
another person without the consent of the other person. A person who is
convicted of a violation of this subsection is guilty of a misdemeanor
punishable by imprisonment for not more than 93 days or a fine of $1,000.00, or
both. Upon receiving the abstract of a conviction under this subsection, the
secretary of state may suspend the person's operator's or chauffeur's license
for 6 months. The secretary of state shall not issue a restricted license to
the person during the suspension.
(5) Upon a second or subsequent conviction under
subsection (4), a person is guilty of a misdemeanor punishable by imprisonment
for not more than 93 days or a fine of $5,000.00, or both. Upon receiving the
abstract of a second or subsequent conviction under subsection (4), the
secretary of state shall revoke the person's operator's or chauffeur's license.
(6) The suspension or revocation of an operator's or
chauffeur's license under subsection (4) or (5) is not appealable under section
323.
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Enacting section 1. This amendatory act takes effect
90 days after the date it is enacted into law.
