Bill Text: MI SB0087 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Traffic control; driver license; resident address on driver license different than resident address on qualified voter file; permit. Amends secs. 307 & 315 of 1949 PA 300 (MCL 257.307 & 257.315).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-01-27 - Referred To Committee On Campaign And Election Oversight [SB0087 Detail]

Download: Michigan-2009-SB0087-Introduced.html

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SENATE BILL No. 87

 

 

January 27, 2009, Introduced by Senator WHITMER and referred to the Committee on Campaign and Election Oversight.

 

 

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 307 and 315 (MCL 257.307 and 257.315),

 

section 307 as amended by 2008 PA 36 and section 315 as amended

 

by 2008 PA 7.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 307. (1) If an applicant for an operator's license or

 

 2  chauffeur's license is a citizen of the United States, the

 

 3  applicant shall supply a photographic identity document, a birth

 

 4  certificate, or other sufficient documents as the secretary of

 

 5  state may require to verify the identity and citizenship of the

 

 6  applicant. If an applicant for an operator's or chauffeur's

 

 1  license is not a citizen of the United States, the applicant

 

 2  shall supply a photographic identity document and other

 

 3  sufficient documents to verify the identity of the applicant and

 

 4  the applicant's legal presence in the United States under

 

 5  subdivision (b). The documents required under this subsection

 

 6  shall include the applicant's full legal name, date of birth, and

 

 7  address and residency and demonstrate that the applicant is a

 

 8  citizen of the United States or is legally present in the United

 

 9  States. If the applicant's full legal name differs from the name

 

10  of the applicant that appears on a document presented under this

 

11  subsection, the applicant shall present documents to verify his

 

12  or her current full legal name. An application for an operator's

 

13  or chauffeur's license shall be made in a manner prescribed by

 

14  the secretary of state and shall contain all of the following:

 

15        (a) The applicant's full legal name, date of birth,

 

16  residence address, height, sex, eye color, signature, intent to

 

17  make an anatomical gift, other information required or permitted

 

18  on the license under this chapter, and, only to the extent

 

19  required to comply with federal law, the applicant's social

 

20  security number. The applicant may provide a mailing address if

 

21  the applicant receives mail at an address different from his or

 

22  her residence address.

 

23        (b) If the applicant is not a citizen of the United States,

 

24  the applicant shall provide documents demonstrating his or her

 

25  legal presence in the United States. A person legally present in

 

26  the United States includes, but is not limited to, a person

 

27  authorized by the United States government for employment in the

 

 1  United States, a person with nonimmigrant status authorized under

 

 2  federal law, and a person who is the beneficiary of an approved

 

 3  immigrant visa petition or an approved labor certification. The

 

 4  secretary of state shall adopt rules under the administrative

 

 5  procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, as are

 

 6  necessary for the administration of this subdivision. A

 

 7  determination by the secretary of state that an applicant is not

 

 8  legally present in the United States may be appealed under

 

 9  section 631 of the revised judicature act of 1961, 1961 PA 236,

 

10  MCL 600.631.

 

11        (c) The following notice shall be included to inform the

 

12  applicant that under sections 509o and 509r of the Michigan

 

13  election law, 1954 PA 116, MCL 168.509o and 168.509r, the

 

14  secretary of state is required to use the residence address

 

15  provided on this application as the applicant's residence address

 

16  on the qualified voter file for voter registration and voting:

 

 

17		"NOTICE: Michigan law requires that the same address
18		be used for voter registration and driver license
19		purposes. Therefore, if the residence address
20		you provide in this application differs from your
21		voter registration address as it appears on the
22		qualified voter file, the secretary of state
23		will automatically change your voter registration
24		to match the residence address on this application,
25		after which your voter registration at your former
26		address will no longer be valid for voting purposes.
27		A new voter registration card, containing the
28		information of your polling place, will be provided

1		to you by the clerk of the jurisdiction where your
2		residence address is located.".

 

 

 3        (c) (d) For an original or renewal operator's or chauffeur's

 

 4  license with a vehicle group designation or indorsement, the

 

 5  names of all states where the applicant has been licensed to

 

 6  drive any type of motor vehicle during the previous 10 years.

 

 7        (d) (e) For an operator's or chauffeur's license with a

 

 8  vehicle group designation or indorsement, the following

 

 9  certifications by the applicant:

 

10        (i) The applicant meets the applicable federal driver

 

11  qualification requirements under 49 CFR part 391 if the applicant

 

12  operates or intends to operate in interstate commerce or meets

 

13  the applicable qualifications of the department of state police

 

14  under the motor carrier safety act of 1963, 1963 PA 181, MCL

 

15  480.11 to 480.25, if the applicant operates or intends to operate

 

16  in intrastate commerce.

 

17        (ii) The vehicle in which the applicant will take the driving

 

18  skills tests is representative of the type of vehicle the

 

19  applicant operates or intends to operate.

 

20        (iii) The applicant is not subject to disqualification by the

 

21  United States secretary of transportation, or a suspension,

 

22  revocation, or cancellation under any state law for conviction of

 

23  an offense described in section 312f or 319b.

 

24        (iv) The applicant does not have a driver's license from more

 

25  than 1 state or jurisdiction.

 

26        (e) (f) An applicant for an operator's or chauffeur's

 

 1  license with a vehicle group designation and a hazardous material

 

 2  indorsement shall provide his or her fingerprints as prescribed

 

 3  by state and federal law.

 

 4        (2) An applicant for an operator's or chauffeur's license

 

 5  may have his or her image and signature captured or reproduced

 

 6  when the application for the license is made. The secretary of

 

 7  state shall acquire equipment purchased or leased under this

 

 8  section under standard purchasing procedures of the department of

 

 9  management and budget based on standards and specifications

 

10  established by the secretary of state. The secretary of state

 

11  shall not purchase or lease equipment until an appropriation for

 

12  the equipment has been made by the legislature. A digital

 

13  photographic image and signature captured under this section

 

14  shall appear on the applicant's operator's license or chauffeur's

 

15  license. A person's digital photographic image shall be used as

 

16  follows:

 

17        (a) By a federal, state, or local governmental agency for a

 

18  law enforcement purpose authorized by law.

 

19        (b) By the secretary of state for a use specifically

 

20  authorized by law.

 

21        (c) By the secretary of state for forwarding to the

 

22  department of state police the images to persons required to be

 

23  registered under the sex offenders registration act, 1994 PA 295,

 

24  MCL 28.721 to 28.736, upon the department of state police

 

25  providing the secretary of state an updated list of the names of

 

26  those persons.

 

27        (d) As necessary to comply with a law of this state or of

 

 1  the United States.

 

 2        (3) An application shall contain a signature or verification

 

 3  and certification by the applicant, as determined by the

 

 4  secretary of state, and shall be accompanied by the proper fee.

 

 5  The secretary of state shall collect the application fee with the

 

 6  application. The secretary of state shall refund the application

 

 7  fee to the applicant if the license applied for is denied, but

 

 8  shall not refund the fee to an applicant who fails to complete

 

 9  the examination requirements of the secretary of state within 90

 

10  days after the date of application for a license.

 

11        (4) In conjunction with the application for an operator's

 

12  license or chauffeur's license, the secretary of state shall do

 

13  all of the following:

 

14        (a) Provide the applicant with all of the following:

 

15        (i) Information explaining the applicant's right to make an

 

16  anatomical gift in the event of death in accordance with section

 

17  310.

 

18        (ii) Information describing the anatomical gift donor

 

19  registry program under part 101 of the public health code, 1978

 

20  PA 368, MCL 333.10101 to 333.10123. The information required

 

21  under this subparagraph includes the address and telephone number

 

22  of Michigan's federally designated organ procurement organization

 

23  or its successor organization as defined in section 10102 of the

 

24  public health code, 1978 PA 368, MCL 333.10102.

 

25        (iii) Information giving the applicant the opportunity to be

 

26  placed on the donor registry described in subparagraph (ii).

 

27        (b) Provide the applicant with the opportunity to specify on

 

 1  his or her operator's or chauffeur's license that he or she is

 

 2  willing to make an anatomical gift in the event of death in

 

 3  accordance with section 310.

 

 4        (c) Inform the applicant that, if he or she indicates to the

 

 5  secretary of state under this section a willingness to have his

 

 6  or her name placed on the donor registry described in subdivision

 

 7  (a)(ii), the secretary of state will mark the applicant's record

 

 8  for the donor registry.

 

 9        (d) Provide the applicant with the opportunity to make a

 

10  donation of $1.00 or more to the organ and tissue donation

 

11  education fund created under section 217o. A donation made under

 

12  this subdivision shall be deposited in the state treasury to the

 

13  credit of the organ and tissue donation education fund.

 

14        (5) The secretary of state may fulfill the requirements of

 

15  subsection (4) by 1 or more of the following methods:

 

16        (a) Providing printed material enclosed with a mailed notice

 

17  for an operator's or chauffeur's license renewal or the issuance

 

18  of an operator's or chauffeur's license.

 

19        (b) Providing printed material to an applicant who

 

20  personally appears at a secretary of state branch office.

 

21        (c) Through electronic information transmittals for

 

22  operator's and chauffeur's licenses processed by electronic

 

23  means.

 

24        (6) The secretary of state shall maintain a record of an

 

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

 

26  placed on the donor registry described in subsection (4)(a)(ii).

 

27  Information about an applicant's indication of a willingness to

 

 1  have his or her name placed on the donor registry that is

 

 2  obtained by the secretary of state under subsection (4) and

 

 3  forwarded under subsection (14) is exempt from disclosure under

 

 4  section 13(1)(d) of the freedom of information act, 1976 PA 442,

 

 5  MCL 15.243.

 

 6        (7) If an application is received from a person previously

 

 7  licensed in another jurisdiction, the secretary of state shall

 

 8  request a copy of the applicant's driving record and other

 

 9  available information from the national driver register. When

 

10  received, the driving record and other available information

 

11  become a part of the driver's record in this state.

 

12        (8) If an application is received for an original, renewal,

 

13  or upgrade of a vehicle group designation or indorsement, the

 

14  secretary of state shall request the person's complete driving

 

15  record from all states where the applicant was previously

 

16  licensed to drive any type of motor vehicle over the last 10

 

17  years before issuing a vehicle group designation or indorsement

 

18  to the applicant. If the applicant does not hold a valid

 

19  commercial motor vehicle driver license from a state where he or

 

20  she was licensed in the last 10 years, this complete driving

 

21  record request must be made not earlier than 24 hours before the

 

22  secretary of state issues the applicant a vehicle group

 

23  designation or indorsement. For all other drivers, this request

 

24  must be made not earlier than 10 days before the secretary of

 

25  state issues the applicant a vehicle group designation or

 

26  indorsement. The secretary of state shall also check the

 

27  applicant's driving record with the national driver register and

 

 1  the federal commercial driver license information system before

 

 2  issuing that group designation or indorsement. If the application

 

 3  is for the renewal of a vehicle group designation or indorsement,

 

 4  and if the secretary of state enters on the person's historical

 

 5  driving record maintained under section 204a a notation that the

 

 6  request was made and the date of the request, the secretary of

 

 7  state is required to request the applicant's complete driving

 

 8  record from other states only once under this section.

 

 9        (9) Except for a vehicle group designation or indorsement or

 

10  as provided in this subsection or section 314(5), the secretary

 

11  of state may issue a renewal operator's or chauffeur's license

 

12  for 1 additional 4-year period or until the person is no longer

 

13  determined to be legally present under this section 307 by mail

 

14  or by other methods prescribed by the secretary of state. The

 

15  secretary of state may check the applicant's driving record

 

16  through the national driver register and the commercial driver

 

17  license information system before issuing a license under this

 

18  section. The secretary of state shall issue a renewal license

 

19  only in person if the person is a person required under section

 

20  5a of the sex offenders registration act, 1994 PA 295, MCL

 

21  28.725a, to maintain a valid operator's or chauffeur's license or

 

22  official state personal identification card. If a license is

 

23  renewed by mail or by other method, the secretary of state shall

 

24  issue evidence of renewal to indicate the date the license

 

25  expires in the future. The department of state police shall

 

26  provide to the secretary of state updated lists of persons

 

27  required under section 5a of the sex offenders registration act,

 

 1  1994 PA 295, MCL 28.725a, to maintain a valid operator's or

 

 2  chauffeur's license or official state personal identification

 

 3  card.

 

 4        (10) Upon request, the secretary of state shall provide an

 

 5  information manual to an applicant explaining how to obtain a

 

 6  vehicle group designation or indorsement. The manual shall

 

 7  contain the information required under 49 CFR part 383.

 

 8        (11) The secretary of state shall not disclose a social

 

 9  security number obtained under subsection (1) to another person

 

10  except for use for 1 or more of the following purposes:

 

11        (a) Compliance with 49 USC 31301 to 31317 and regulations

 

12  and state law and rules related to this chapter.

 

13        (b) To carry out the purposes of section 466(a) of the

 

14  social security act, 42 USC 666, in connection with matters

 

15  relating to paternity, child support, or overdue child support.

 

16        (c) To check an applicant's driving record through the

 

17  national driver register and the commercial driver license

 

18  information system when issuing a license under this act.

 

19        (d) With the department of community health, for comparison

 

20  with vital records maintained by the department of community

 

21  health under part 28 of the public health code, 1978 PA 368, MCL

 

22  333.2801 to 333.2899.

 

23        (e) As otherwise required by law.

 

24        (12) The secretary of state shall not display a person's

 

25  social security number on the person's operator's or chauffeur's

 

26  license.

 

27        (13) A requirement under this section to include a social

 

 1  security number on an application does not apply to an applicant

 

 2  who demonstrates he or she is exempt under law from obtaining a

 

 3  social security number.

 

 4        (14) As required in section 10120 of the public health code,

 

 5  1978 PA 368, MCL 333.10120, the secretary of state shall maintain

 

 6  the donor registry in a manner that provides electronic access,

 

 7  including, but not limited to, the transfer of data to this

 

 8  state's federally designated organ procurement organization or

 

 9  its successor organization, tissue banks, and eye banks, in a

 

10  manner that complies with that section.

 

11        (15) The secretary of state, with the approval of the state

 

12  administrative board created under 1921 PA 2, MCL 17.1 to 17.3,

 

13  may enter into agreements with the United States government to

 

14  verify whether an applicant for an operator's license or a

 

15  chauffeur's license under this section who is not a citizen of

 

16  the United States is authorized under federal law to be present

 

17  in the United States.

 

18        (16) The secretary of state shall not issue an operator's

 

19  license or a chauffeur's license to a person holding an

 

20  operator's license or chauffeur's license issued by another state

 

21  without confirmation that the person is terminating or has

 

22  terminated the operator's license or chauffeur's license issued

 

23  by the other state.

 

24        (17) The secretary of state shall do all of the following:

 

25        (a) Ensure the physical security of locations where

 

26  operator's licenses and chauffeur's licenses are produced and the

 

27  security of document materials and papers from which operator's

 

 1  licenses and chauffeur's licenses are produced.

 

 2        (b) Subject all persons authorized to manufacture or produce

 

 3  operator's licenses or chauffeur's licenses and all persons who

 

 4  have the ability to affect the identity information that appears

 

 5  on operator's licenses or chauffeur's licenses to appropriate

 

 6  security clearance requirements. The security requirements of

 

 7  this subdivision and subdivision (a) may require that licenses be

 

 8  manufactured or produced in this state.

 

 9        (c) Provide fraudulent document recognition programs to

 

10  department of state employees engaged in the issuance of

 

11  operator's licenses and chauffeur's licenses.

 

12        Sec. 315. (1) An operator or chauffeur who changes his or

 

13  her residence before the expiration of a license granted under

 

14  this chapter shall immediately notify the secretary of state of

 

15  his or her new residence address. A change of address

 

16  notification shall be in a manner prescribed by the secretary of

 

17  state and may include notification by personally appearing at a

 

18  branch office of the secretary of state or other location

 

19  designated by the secretary of state, or a notification by mail,

 

20  telephone, electronically, by submitting a voter registration

 

21  application unless the person registers to vote in a city,

 

22  village, or township that prohibits the operation of motor

 

23  vehicles by law or ordinance, or by any other means prescribed by

 

24  the secretary of state. The secretary of state shall provide the

 

25  person changing his or her residence address the notice required

 

26  by section 307(1)(c) that, under sections 509o and 509r of the

 

27  Michigan election law, 1954 PA 116, MCL 168.509o and 168.509r,

 

 1  the secretary of state is required to use the residence address

 

 2  provided on this change of address application as the person's

 

 3  residence address on the qualified voter file for voter

 

 4  registration and voting. However, a A person may submit to the

 

 5  secretary of state a mailing address that is different than his

 

 6  or her residence address.

 

 7        (2) Upon receiving a change of address notification, the

 

 8  secretary of state shall change the person's driver license

 

 9  record to indicate the new residence address. The secretary of

 

10  state shall provide the person with a new license or a label or

 

11  some other mechanism containing the new residence address. Upon

 

12  receipt of the label or other mechanism, the person shall affix

 

13  the label or mechanism to his or her operator's or chauffeur's

 

14  license as prescribed by the secretary of state. If the secretary

 

15  of state furnished the person with a new license, the person

 

16  shall destroy his or her old license and replace it with the new

 

17  license.

 

18        (3) If a person fails to report a change of his or her

 

19  residence address as required under this section and subsequently

 

20  there is no response to a notice mailed to the residence address

 

21  shown by the record of the secretary of state or if the person

 

22  has provided the secretary of state a mailing address different

 

23  from his or her residence address and there is no response to a

 

24  notice mailed to that mailing address, the secretary of state may

 

25  immediately suspend or revoke his or her license. A person who

 

26  fails to report a change of his or her residence address is

 

27  responsible for a civil infraction.

 

 1        (4) A person shall not knowingly report a change of address

 

 2  to the secretary of state for himself or herself that is not his

 

 3  or her residence address. A person shall not knowingly report a

 

 4  change of address to the secretary of state for another person

 

 5  without the consent of the other person. A person who is

 

 6  convicted of a violation of this subsection is guilty of a

 

 7  misdemeanor punishable by imprisonment for not more than 93 days

 

 8  or a fine of $1,000.00, or both. Upon receiving the abstract of a

 

 9  conviction under this subsection, the secretary of state may

 

10  suspend the person's operator's or chauffeur's license for 6

 

11  months. The secretary of state shall not issue a restricted

 

12  license to the person during the suspension.

 

13        (5) Upon a second or subsequent conviction under subsection

 

14  (4), a person is guilty of a misdemeanor punishable by

 

15  imprisonment for not more than 93 days or a fine of $5,000.00, or

 

16  both. Upon receiving the abstract of a second or subsequent

 

17  conviction under subsection (4), the secretary of state shall

 

18  revoke the person's operator's or chauffeur's license.

 

19        (6) The suspension or revocation of an operator's or

 

20  chauffeur's license under subsection (4) or (5) is not appealable

 

21  under section 323.