Bill Text: MI SB1193 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Traffic control; driver license; operation of a motor vehicle by individual with a ventricle assist device (VAD); allow under certain circumstances. Amends secs. 303 & 320 of 1949 PA 300 (MCL 257.303 & 257.320).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-06-14 - Referred To Committee On Transportation [SB1193 Detail]

Download: Michigan-2011-SB1193-Introduced.html

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SENATE BILL No. 1193

 

 

June 14, 2012, Introduced by Senator GLEASON and referred to the Committee on Transportation.

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 303 and 320 (MCL 257.303 and 257.320), section

 

303 as amended by 2011 PA 159 and section 320 as amended by 2004 PA

 

362.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 303. (1) The secretary of state shall not issue a license

 

under this act to any of the following persons:

 

     (a) A person, as an operator, who is less than 18 years of

 

age, except as otherwise provided in this act.

 

     (b) A person, as a chauffeur, who is less than 18 years of

 

age, except as otherwise provided in this act.

 

     (c) A person whose license is suspended, revoked, denied, or

 

canceled in any state. If the suspension, revocation, denial, or

 

cancellation is not from the jurisdiction that issued the last

 

license to the person, the secretary of state may issue a license

 

after the expiration of 5 years from the effective date of the most

 

recent suspension, revocation, denial, or cancellation.

 

     (d) A person who in the opinion of the secretary of state is

 

afflicted with or suffering from a physical or mental disability or

 

disease preventing that person from exercising reasonable and

 

ordinary control over a motor vehicle while operating the motor

 

vehicle upon the highways. A person who received the installation

 

of a ventricular assist device at least 180 days before he or she

 

applied for a license under this section shall not be considered to

 

be ineligible under this subdivision due to a physical disability

 

or disease based upon the installation of that device or the

 

medical reason for the installation of the device if the secretary

 

of state receives a report from a physician stating that the person

 

is physically able to operate a motor vehicle, and the secretary of

 

state has no report of any other physical or mental disability or

 

disease that would disqualify the person from receiving a license.

 

As used in this subdivision, "ventricular assist device" means a

 

medical device that is used to partially or completely replace the

 

function of a failing heart.

 

     (e) A person who is unable to understand highway warning or

 

direction signs in the English language.

 

     (f) A person who is unable to pass a knowledge, skill, or

 

ability test administered by the secretary of state in connection

 

with the issuance of an original operator's or chauffeur's license,

 

original motorcycle indorsement, or an original or renewal of a

 

vehicle group designation or vehicle indorsement.

 

     (g) A person who has been convicted of, has received a

 

juvenile disposition for, or has been determined responsible for 2

 

or more moving violations under a law of this state, a local

 

ordinance substantially corresponding to a law of this state, or a

 

law of another state substantially corresponding to a law of this

 

state within the preceding 3 years, if the violations occurred

 

before issuance of an original license to the person in this state,

 

another state, or another country.

 

     (h) A nonresident, including, but not limited to, a foreign

 

exchange student.

 

     (i) A person who has failed to answer a citation or notice to

 

appear in court or for any matter pending or fails to comply with

 

an order or judgment of the court, including, but not limited to,

 

paying all fines, costs, fees, and assessments, in violation of

 

section 321a, until that person answers the citation or notice to

 

appear in court or for any matter pending or complies with an order

 

or judgment of the court, including, but not limited to, paying all

 

fines, costs, fees, and assessments, as provided under section

 

321a.

 

     (j) A person not licensed under this act who has been

 

convicted of, has received a juvenile disposition for, or has been

 

determined responsible for a crime or civil infraction described in

 

section 319, 324, or 904. A person shall be denied a license under

 

this subdivision for the length of time corresponding to the period

 

of the licensing sanction that would have been imposed under

 

section 319, 324, or 904 if the person had been licensed at the

 

time of the violation.

 

     (k) A person not licensed under this act who has been

 

convicted of or received a juvenile disposition for committing a

 

crime described in section 319e. A person shall be denied a license

 

under this subdivision for the length of time that corresponds to

 

the period of the licensing sanction that would have been imposed

 

under section 319e if the person had been licensed at the time of

 

the violation.

 

     (l) A person not licensed under this act who is determined to

 

have violated section 33b(1) of former 1933 (Ex Sess) PA 8, section

 

703(1) of the Michigan liquor control code of 1998, 1998 PA 58, MCL

 

436.1703, or section 624a or 624b. The person shall be denied a

 

license under this subdivision for a period of time that

 

corresponds to the period of the licensing sanction that would have

 

been imposed under those sections had the person been licensed at

 

the time of the violation.

 

     (m) A person whose commercial driver license application is

 

canceled under section 324(2).

 

     (n) Unless otherwise eligible under section 307(1), a person

 

who is not a citizen of the United States.

 

     (2) Upon receiving the appropriate records of conviction, the

 

secretary of state shall revoke the operator's or chauffeur's

 

license of a person and deny issuance of an operator's or

 

chauffeur's license to a person having any of the following,

 

whether under a law of this state, a local ordinance substantially

 

corresponding to a law of this state, a law of another state

 

substantially corresponding to a law of this state, or, beginning

 

October 31, 2010, a law of the United States substantially

 

corresponding to a law of this state:

 

     (a) Any combination of 2 convictions within 7 years for

 

reckless driving in violation of section 626 before October 31,

 

2010 or, beginning October 31, 2010, 626(2).

 

     (b) Any combination of 2 or more convictions within 7 years

 

for any of the following:

 

     (i) A felony in which a motor vehicle was used.

 

     (ii) A violation or attempted violation of section 601b(2) or

 

(3), section 601c(1) or (2), section 602a(4) or (5), section 617,

 

section 653a(3) or (4), or section 904(4) or (5).

 

     (iii) Negligent homicide, manslaughter, or murder resulting from

 

the operation of a vehicle or an attempt to commit any of those

 

crimes.

 

     (iv) A violation or attempted violation of section 479a(4) or

 

(5) of the Michigan penal code, 1931 PA 328, MCL 750.479a.

 

     (c) Any combination of 2 convictions within 7 years for any of

 

the following or a combination of 1 conviction for a violation or

 

attempted violation of section 625(6) and 1 conviction for any of

 

the following within 7 years:

 

     (i) A violation or attempted violation of section 625, except a

 

violation of section 625(2), or a violation of any prior enactment

 

of section 625 in which the defendant operated a vehicle while

 

under the influence of intoxicating or alcoholic liquor or a

 

controlled substance, or a combination of intoxicating or alcoholic

 

liquor and a controlled substance, or while visibly impaired, or

 

with an unlawful bodily alcohol content.

 

     (ii) A violation or attempted violation of section 625m.

 

     (iii) A violation or attempted violation of former section 625b.

 

     (d) One conviction for a violation or attempted violation of

 

section 315(5), section 601b(3), section 601c(2), section 602a(4)

 

or (5), section 617, section 625(4) or (5), section 653a(4),

 

section 904(4) or (5), or, beginning October 31, 2010, section

 

626(3) or (4).

 

     (e) One conviction of negligent homicide, manslaughter, or

 

murder resulting from the operation of a vehicle or an attempt to

 

commit any of those crimes.

 

     (f) One conviction for a violation or attempted violation of

 

section 479a(4) or (5) of the Michigan penal code, 1931 PA 328, MCL

 

750.479a.

 

     (g) Any combination of 3 convictions within 10 years for any

 

of the following or 1 conviction for a violation or attempted

 

violation of section 625(6) and any combination of 2 convictions

 

for any of the following within 10 years, if any of the convictions

 

resulted from an arrest on or after January 1, 1992:

 

     (i) A violation or attempted violation of section 625, except a

 

violation of section 625(2), or a violation of any prior enactment

 

of section 625 in which the defendant operated a vehicle while

 

under the influence of intoxicating or alcoholic liquor or a

 

controlled substance, or a combination of intoxicating or alcoholic

 

liquor and a controlled substance, or while visibly impaired, or

 

with an unlawful bodily alcohol content.

 

     (ii) A violation or attempted violation of section 625m.

 

     (iii) A violation or attempted violation of former section 625b.

 

     (3) The secretary of state shall revoke a license under

 

subsection (2) notwithstanding a court order unless the court order

 

complies with section 323.

 

     (4) Except as otherwise provided under section 304, the

 

secretary of state shall not issue a license under this act to a

 

person whose license has been revoked under this act or revoked and

 

denied under subsection (2) until all of the following occur, as

 

applicable:

 

     (a) The later of the following:

 

     (i) The expiration of not less than 1 year after the license

 

was revoked or denied.

 

     (ii) The expiration of not less than 5 years after the date of

 

a subsequent revocation or denial occurring within 7 years after

 

the date of any prior revocation or denial.

 

     (b) For a denial under subsection (2)(a), (b), (c), and or

 

(g), the person rebuts by clear and convincing evidence the

 

presumption resulting from the prima facie evidence that he or she

 

is a habitual offender. The convictions that resulted in the

 

revocation and denial constitute prima facie evidence that he or

 

she is a habitual offender.

 

     (c) The person meets the requirements of the department.

 

     (5) The secretary of state may deny issuance of an operator's

 

license as follows:

 

     (a) Until the age of 17, to a person not licensed under this

 

act who was convicted of or received a juvenile disposition for

 

violating or attempting to violate section 411a(2) of the Michigan

 

penal code, 1931 PA 328, MCL 750.411a, involving a school when he

 

or she was less than 14 years of age. A person not issued a license

 

under this subdivision is not eligible to begin graduated licensing

 

training until he or she attains 16 years of age.

 

     (b) To a person less than 21 years of age not licensed under

 

this act who was convicted of or received a juvenile disposition

 

for violating or attempting to violate section 411a(2) of the

 

Michigan penal code, 1931 PA 328, MCL 750.411a, involving a school

 

when he or she was 14 years of age or older, until 3 years after

 

the date of the conviction or juvenile disposition. A person not

 

issued a license under this subdivision is not eligible to begin

 

graduated licensing training or otherwise obtain an original

 

operator's or chauffeur's license until 3 years after the date of

 

the conviction or juvenile disposition.

 

     (6) The secretary of state shall deny issuance of a vehicle

 

group designation to a person under either of the following

 

circumstances:

 

     (a) The person has been disqualified by the United States

 

secretary of transportation from operating a commercial motor

 

vehicle.

 

     (b) Beginning on and after January 30, 2012, the person does

 

not meet the requirements of the federal regulations under parts

 

383 and 391 by refusing to certify the type of commercial motor

 

vehicle operation the person intends to perform and, if required,

 

fails to present to the secretary of state a valid medical

 

certification.

 

     (7) Multiple convictions or civil infraction determinations

 

resulting from the same incident shall be treated as a single

 

violation for purposes of denial or revocation of a license under

 

this section.

 

     (8) As used in this section, "felony in which a motor vehicle

 

was used" means a felony during the commission of which the person

 

operated a motor vehicle and while operating the vehicle presented

 

real or potential harm to persons or property and 1 or more of the

 

following circumstances existed:

 

     (a) The vehicle was used as an instrument of the felony.

 

     (b) The vehicle was used to transport a victim of the felony.

 

     (c) The vehicle was used to flee the scene of the felony.

 

     (d) The vehicle was necessary for the commission of the

 

felony.

 

     Sec. 320. (1) The secretary of state after notice as provided

 

in this section may conduct an investigation and reexamination of a

 

person, based upon 1 or more of the following:

 

     (a) The Subject to subsection (3), the secretary of state has

 

reason to believe that the person is incompetent to drive a motor

 

vehicle or is afflicted with a mental or physical infirmity or

 

disability rendering it unsafe for that person to drive a motor

 

vehicle.

 

     (b) The person, as a driver, has in 1 or more instances been

 

involved in an accident resulting in the death of a person.

 

     (c) The person, within a 24-month period, has been involved in

 

3 accidents resulting in personal injury or damage to the property

 

of a person, and the official police report indicates a moving

 

violation on the part of the driver in each of the accidents.

 

     (d) The person has charged against him or her a total of 12 or

 

more points as provided in section 320a within a period of 2 years.

 

     (e) The person has been convicted of violating restrictions,

 

terms, or conditions of the person's license.

 

     (2) The Subject to subsection (3), the secretary of state,

 

upon good cause, may restrict, suspend, revoke, or impose other

 

terms and conditions on the license of a person subject to

 

reexamination and require the immediate surrender of the license of

 

that person. The secretary of state shall, in all cases, prescribe

 

the period of restriction, suspension, revocation, or other terms

 

and conditions.

 

     (3) The secretary of state shall reinstate the driving

 

privileges of a person whose license is restricted, suspended, or

 

revoked for a physical disability or disease relating to the

 

installation of a ventricular assist device, or upon which the

 

secretary of state has imposed any other term or condition, if both

 

of the following apply:

 

     (a) At least 180 days have expired since the ventricular

 

assist device was installed.

 

     (b) The secretary of state receives a report from a physician

 

stating that the person is physically able to operate a motor

 

vehicle and the secretary of state has no report of any other

 

physical or mental disability or disease that would disqualify the

 

person from holding a license to operate a motor vehicle.

 

     (4) (3) Service of notice shall be made by regular mail to the

 

last known address of the licensee as shown on the most recent

 

license application or change of address on the license as provided

 

by section 315.

 

     (5) (4) A license shall not be suspended under this section

 

for a period of more than 1 year.

 

     (6) (5) The reexamination may be held by the secretary of

 

state pursuant to under this section notwithstanding any

 

restriction, suspension, revocation, or denial of a license under

 

this section, section 303 or 319, chapter V, section 625 or 625b,

 

or under any other law of this state. A suspension ordered pursuant

 

to under this section shall be in addition to other suspensions.

 

     (7) (6) If a licensed operator or chauffeur fails to appear

 

for a reexamination scheduled by the secretary of state pursuant to

 

under this section, the licensed operator's or chauffeur's license

 

may be suspended immediately and shall remain suspended until the

 

licensed operator or chauffeur appears for a reexamination by the

 

secretary of state. However, the secretary of state may restrict,

 

suspend, or revoke the license based solely on the licensed

 

operator's or chauffeur's driving record.

 

     (8) (7) Notwithstanding any other provision of this act, the

 

secretary of state shall not issue a restricted license to a person

 

to operate a commercial motor vehicle when a vehicle group

 

designation is required to operate that vehicle.

 

     (9) As used in this section, "ventricular assist device" means

 

a medical device that is used to partially or completely replace

 

the function of a failing heart.