Bill Text: MI SB0073 | 2019-2020 | 100th Legislature | Engrossed
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, 307, 310 & 314 of 1949 PA 300 (MCL 257.40b et seq.) & adds sec. 310f. TIE BAR WITH: SB 0070'19
Spectrum: Slight Partisan Bill (Democrat 8-4)
Status: (Passed) 2020-12-30 - Assigned Pa 0304'20 With Immediate Effect [SB0073 Detail]
Download: Michigan-2019-SB0073-Engrossed.html
Substitute For
SENATE BILL NO. 73
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 2018 PA 604, section 310 as amended by 2018 PA 177, and section 314 as amended by 2011 PA 159, and by adding section 310f.
the people of the state of michigan enact:
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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 Social Security number, telephone number, digitized signature, and medical and disability information. Personal
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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 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 the confidential address of an individual enrolled in the address confidentiality program under the address confidentiality program act and the emergency contact information under section 310(13). As used in this subsection, "confidential address" means that term as defined in the address confidentiality program act.
Sec. 307. (1) If an applicant for an operator's
license or 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
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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 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 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
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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.". |
(d) For an original or renewal operator's or
chauffeur's license with a vehicle group designation or indorsement, the names
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of all states where the applicant has been licensed to
drive any type of motor vehicle during the previous 10 years.
(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 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.
(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.
(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.
(h) A space to
allow the applicant to indicate that the
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applicant declines
to use the application as a voter registration application.
(i) An applicant for
an operator's or chauffeur's license who is a participant in the address confidentiality
program under the address confidentiality program act shall provide to the
secretary of state his or her participation card issued under the address
confidentiality program act.
(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.
(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
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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 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
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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.
(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
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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 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
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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 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
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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 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.
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(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 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
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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 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
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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. 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 Except as provided in section 310f, 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
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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, 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. 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 not contain a fingerprint or finger image of the licensee.
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(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 information described in 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 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
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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
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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 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
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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. 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 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
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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.
(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 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. 310f. (1) Beginning on February 16, 2021, upon receipt of
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a notice from the department of the attorney general that an individual who has been issued an operator's or chauffeur's license under this act has been certified as a participant in the address confidentiality program, the secretary of state shall issue a corrected operator's or chauffeur's license to that individual by mailing the license to his or her designated address. The operator's or chauffeur's license shall display the individual's designated address and shall not display the individual's residence address.
(2) An individual who is issued a corrected license under this section shall destroy his or her old license and replace it with the corrected license.
(3) An individual whose certification as a participant in the address confidentiality program is renewed under the address confidentiality program act may renew a license issued under this section upon payment of the renewal fee under section 811.
(4) As used in this section:
(a) "Address confidentiality program" means a program as that term is defined in the address confidentiality program act.
(b) "Designated address" means that term as defined in the address confidentiality program act.
Sec. 314. (1) Except as otherwise provided in this section and section 310f, operator's licenses and chauffeur's licenses expire on the birthday of the person to whom the license is issued in the fourth year following the date of the issuance of the license or on the date the person is no longer considered to be legally present in the United States under section 307, whichever is earlier, unless suspended or revoked before that date. A license shall not be issued for a period longer than 4 years. A person holding a
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license at any time 12 months before the expiration of his or her license may apply for a new license as provided for in this chapter. A knowledge test for an original group designation or indorsement may be taken at any time during this period and the results are valid for 12 months. A license renewed under this subsection shall be renewed for the time remaining on the license before its renewal combined with the 4-year renewal period.
(2) The Except as provided in section 310f, the first operator's license issued to a person who at the time of application is less than 20-1/2 years of age expires on the licensee's twenty-first birthday or on the date the person is no longer considered to be legally present in the United States under section 307, whichever is earlier, unless suspended or revoked.
(3) The Except as provided in section 310f, the first chauffeur's license issued to a person expires on the licensee's birthday in the fourth year following the date of issuance or on the date the person is no longer considered to be legally present in the United States under section 307, whichever is earlier, unless the license is suspended or revoked before that date. The Except as provided in section 310f, the chauffeur's license of a person who at the time of application is less than 20-1/2 years of age expires on the licensee's twenty-first birthday or on the date the person is no longer considered to be legally present in the United States under section 307, whichever is earlier, unless suspended or revoked. A subsequent chauffeur's license expires on the birthday of the person to whom the license is issued in the fourth year following the date of issuance of the license or on the date the person is no longer considered to be legally present in the United States under section 307, whichever is earlier, unless
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the license is suspended or revoked before that date.
(4) A person may apply for an extension of his or her driving privileges if he or she is out of state on the date that his or her operator's or chauffeur's license expires. The extension may extend the license for 180 days beyond the expiration date or not more than 2 weeks after the applicant returns to Michigan, whichever occurs first. This subsection does not apply to a person who fails to meet the requirements of 49 CFR parts 383 and 391 with regard to medical certification documentation requirements.
(5) The secretary of state may issue a renewal operator's or chauffeur's license to a person who will be out of state for more than 180 days beyond the expiration date of his or her operator's or chauffeur's license, if the secretary of state has a digital image of the person on file. The applicant for this renewal shall submit a statement evidencing a vision examination in accordance with the rules promulgated by the secretary of state under section 309 and any other statement required by this act or federal law. A person is not eligible for consecutive renewals of a license under this subsection. This subsection does not apply to a person who fails to meet the requirements of 49 CFR parts 383 and 391 with regard to medical certification documentation requirements, or a person with a hazardous material indorsement on his or her operator's or chauffeur's license.
(6) The secretary of state may check the applicant's driving record through the national driver register and the commercial driver license information system before issuing a renewal under this section.
Enacting section 1. This amendatory act takes effect 180 days after the date it is enacted into law.
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Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 70 of the 100th Legislature is enacted into law.