Bill Text: MI HB5542 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Traffic control; driver license; requiring emergency contact information as conditions of licensure; prohibit, and prohibit disclosure except for law enforcement purposes. Amends secs. 40b & 310 of 1949 PA 300 (MCL 257.40b & 257.310).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-11-29 - Referred To Committee On Transportation [HB5542 Detail]
Download: Michigan-2011-HB5542-Engrossed.html
HB-5542, As Passed House, November 29, 2012
HOUSE BILL No. 5542
April 18, 2012, Introduced by Rep. Opsommer and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 40b and 310 (MCL 257.40b and 257.310), section
40b as amended by 2008 PA 7 and section 310 as amended by 2008 PA
36.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 40b. (1) "Personal information" means information that
identifies an individual, including the individual's photograph or
image, name, address (but not the zip code), driver license number,
social security number, telephone number, digitized signature, and
medical and disability information. Personal information does not
include information on driving and equipment-related violations or
civil infractions, driver or vehicle registration status, vehicular
accidents, or other behaviorally-related information.
(2) "Highly restricted personal information" means an
individual's photograph or image, social security number, digitized
signature, medical and disability information, and source documents
presented by an applicant to obtain an operator's or chauffeur's
license under section 307(1). Highly restricted personal
information also includes emergency contact information under
section 310(13).
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.
(3) Except as otherwise required under this chapter, other
information required on the license pursuant to 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 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 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 drive
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 of chauffeur
would like to provide emergency contact information. Emergency
contact information obtained under this subsection shall be
disclosed only to a law enforcement agency of this state or of the
United States for law enforcement purposes.
(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.
(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.
