SB 619

SENATE BILL NO. 619
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 25, 307, 310, 311, 312, 314, and
901a (MCL 257.25, 257.307, 257.310, 257.311, 257.312, 257.314, and 257.901a),
section 25 as amended by 2015 PA 11, section 307 as amended by 2023 PA 260,
section 310 as amended by 2021 PA 104, section 311 as amended by 1983 PA 63,
section 312 as amended by 2000 PA 456, section 314 as amended by 2021 PA 71,
and section 901a as added by 1982 PA 433, and by adding sections 30d, 310a, and
811c.
the people of the state of michigan enact:
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Sec. 25. "License" means any driving privileges, physical operator's or
chauffeur's license, mobile operator's or
chauffeur's license, temporary instruction permit, commercial learner's
permit, or temporary license issued under the laws of this state pertaining to
the licensing of persons individuals to operate motor vehicles.
Sec. 30d. "Mobile
operator's or chauffeur's license" means a mobile operator's or
chauffeur's license issued under section 310a.
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 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 the applicant's 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
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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 the applicant's 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 the applicant's legal
presence in the United States. Nothing in this act must obligate or be
construed to obligate this state to comply with title II of the real REAL ID act Act of 2005,
Public Law 109-13. The secretary of state may adopt rules under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, as
are necessary for the administration of this subdivision. A determination by
the secretary of state that an applicant is not legally present in the United
States may be appealed under section 631 of the revised judicature act of 1961,
1961 PA 236, MCL 600.631. The secretary of state shall not issue an operator's
license or a chauffeur's license to an applicant described in this subdivision
for a term that exceeds the duration of the applicant's legal presence in the
United States.
(c) The following
notice must be included to inform the
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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:
"NOTICE: Michigan law requires that the same address be
used for voter registration and driver license purposes. Therefore, if the
residence address you provide in this application differs from your voter
registration address as it appears on the qualified voter file, the secretary
of state will automatically change your voter registration to match the
residence address on this application, after which your voter registration at
your former address will no longer be valid for voting purposes. A new voter
registration card, containing the information of your polling place, will be
provided to you by the clerk of the jurisdiction where your residence address
is located.".
(d) For an original
or renewal operator's or chauffeur's license with a vehicle group designation
or indorsement, endorsement,
the names 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, endorsement,
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
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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 driver 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 endorsement shall provide the applicant's
fingerprints as prescribed by state and federal law.
(g) Only for voter
registration transactions under section 493a(6) 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 the applicant is a citizen
of the United States.
(h) Only for voter
registration transactions under section 493a(6) of the Michigan election law,
1954 PA 116, MCL 168.493a, a space to allow the applicant to indicate that the
applicant declines to use the application as a voter registration application.
(i) Beginning June
27, 2021, an applicant for an operator's or chauffeur's license who is a
program participant in the address confidentiality program under the address
confidentiality program act, 2020 PA 301, MCL 780.851 to 780.873, shall present
to the secretary of state the applicant's participation card issued under
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the
address confidentiality program act, 2020 PA 301, MCL 780.851 to 780.873.
(2) An applicant
for an operator's or chauffeur's license may have the applicant's 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. An individual's digital photographic image and signature shall must 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 individuals required to be registered under the sex offenders registration
act, 1994 PA 295, MCL 28.721 to 28.730, on the department of state police
providing the secretary of state an updated list of the names of those
individuals.
(d) By the
secretary of state for forwarding to the department of state police as provided
in section 5c of 1927 PA 372, MCL 28.425c.
(e) By the
secretary of state for forwarding to the department
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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, 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 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
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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 this state'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 the applicant's operator's or
chauffeur's license that the applicant is willing to make an anatomical gift in
the event of death in accordance with section 310.
(d) Inform the
applicant that, if the applicant indicates to the secretary of state under this
section a willingness to have the applicant's name placed on the donor registry
described in subdivision (b)(ii), the secretary of state will mark the applicant's record for the donor
registry.
(5) The secretary
of state may fulfill the requirements of subsection (4) by 1 or more of the
following methods:
(a) Providing
printed material enclosed with a mailed notice for an operator's or chauffeur's
license renewal or the issuance of an operator's or chauffeur's license.
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(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 the individual's name placed on the donor registry described in
subsection (4)(b)(ii). Information about an applicant's indication of a willingness to have
the applicant's 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
the individual's 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 an individual 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 an
individual applies for a commercial learner's permit for an original vehicle
group designation or indorsement endorsement to operate a commercial motor vehicle,
the secretary of state may verify the individual's identity, may require proof
of Michigan domicile under 49 CFR 383.5, and may verify the individual's proof
of United States citizenship or proof of lawful
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permanent
residency as required under 49 CFR 383.71 and 383.73, if that information is
not on the individual's Michigan driving record. If an individual 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 individual's identity, may
require proof of Michigan domicile under 49 CFR 383.5, and may verify the
individual's proof of citizenship or lawful permanent residency under 49 CFR
383.71 and 383.73, if that information is not on the individual's Michigan
driving record. If an individual applies for an upgrade of a vehicle group
designation or indorsement, endorsement, the secretary of state may verify the
individual's identity, may require proof of Michigan domicile under 49 CFR
383.5, and may verify the individual's proof of citizenship or lawful permanent
residency under 49 CFR 383.71 and 383.73, if that information is not on the
individual's Michigan driving record. The secretary of state shall request the
individual'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
endorsement to the applicant. If the
applicant does not hold a valid commercial motor vehicle driver license from a
state where the applicant 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. endorsement.
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. endorsement. If the application is for the renewal of
a vehicle group designation or indorsement,
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endorsement, and if the secretary of state enters on
the individual'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.endorsement.
(9) The secretary
of state may issue a renewal operator's or chauffeur's license or renewal mobile operator's or chauffeur's license for
1 additional 4-year period or beginning on July 1, 2021, for 2 additional
4-year periods, or until the individual 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 individual is an
individual 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 individuals
required under section 5a of the sex offenders registration act, 1994 PA 295,
MCL 28.725a, to maintain a valid operator's or chauffeur's license or official
state personal
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identification
card.
(10) Upon On request,
the secretary of state shall provide an information manual to an applicant
explaining how to obtain a vehicle group designation or indorsement. endorsement.
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 an individual's Social Security number on the
individual'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 the applicant is exempt under
law from obtaining a Social Security number.
(14) As required in
section 10120 of the public health code,
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1978
PA 368, MCL 333.10120, the secretary of state shall maintain the donor registry
in a manner that provides electronic access, including, but not limited to, the
transfer of data to this state's federally designated organ procurement
organization or its successor organization, tissue banks, and eye banks, in a
manner that complies with that section.
(15) The secretary
of state, with the approval of the state administrative board created under
1921 PA 2, MCL 17.1 to 17.3, may enter into agreements with the United States
government to verify whether an applicant for an operator's license or a
chauffeur's license under this section who is not a citizen of the United
States is authorized under federal law to be present in the United States.
(16) The secretary
of state shall not issue an operator's license or a chauffeur's license to an
individual holding an operator's license or chauffeur's license issued by
another state without confirmation that the individual 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
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subdivision
and subdivision (a) may require that licenses be manufactured or produced in
this state.
(c) Provide
fraudulent document recognition programs to department of state employees
engaged in the issuance of operator's licenses and chauffeur's licenses.
(18) The secretary
of state shall have electronic access to prisoner information maintained by the
department of corrections for the purpose of verifying the identity of a
prisoner who applies for an operator's or chauffeur's license under subsection
(1).
(19) Subject to
this subsection, any printed notice provided to an applicant at the conclusion
of a transaction conducted under this section must, if the individual's
information will be used for voter registration or voter preregistration under
section 493a(2) to (5) of the Michigan election law, 1954 PA 116, MCL 168.493a,
include a notice of that use and that the individual will receive a notice
mailed under section 493a(2) to (5) of the Michigan election law, 1954 PA 116,
MCL 168.493a. If the individual's information has been used for voter
registration or preregistration under section 493a(6) of the Michigan election
law, 1954 PA 116, MCL 168.493a, the printed notice provided to the applicant
must include a notice of that voter registration and the printed notice serves
as a receipt verifying the voter registration application.
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 endorsement under
section 312a or a vehicle group designation or indorsement
endorsement shall first qualify for an
operator's or chauffeur's license before the indorsement
endorsement or vehicle group designation
application is accepted
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and
processed. An Except
for a mobile operator's or chauffeur's license, an original license or
the first renewal of an existing license issued to a person who is less than 21 years of age must be portrait or
vertical in form and a license issued to a person 21 years of age or over older must be
landscape or horizontal in form.
(2) The license
issued under subsection (1) must contain all of the following:
(a) The
distinguishing number permanently assigned to the licensee.
(b) 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 Except as otherwise
provided in this subdivision, in the case of a licensee who has
indicated his or her the licensee's 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 physical operator's or chauffeur's license or the enhanced driver license. A mobile
operator's or chauffeur's license or a mobile enhanced driver license may
contain a heart insignia, code, text-based indicator, or other indicator
approved by the secretary of state to indicate that the licensee wishes 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.
(d) Physical security Security
features designed to prevent tampering, counterfeiting, or duplication
of the license for fraudulent purposes.
(e) If requested by
an individual who is a veteran of the
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armed
forces of this state, another state, or the United States, a designation that
the individual is a veteran. The designation must be in a style and format
considered appropriate by the secretary of state. The secretary of state shall
require proof of discharge or separation of service from the armed forces of
this state, another state, or the United States, and the nature of that
discharge, for the purposes of verifying an individual's status as a veteran
under this subdivision. The secretary of state shall consult with the
department of military and veterans affairs in determining the proof that must
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.
(3) Except as
otherwise required under this chapter, other information required on the
license under this chapter may appear on the license in a form prescribed by
the secretary of state.
(4) The license
must not contain a fingerprint or finger image of the licensee.
(5) A digitized license may
contain an identifier for voter registration purposes. The digitized license may contain information appearing
in electronic or machine-readable codes needed to conduct a transaction with
the secretary of state. The information must 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
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electronic devices, machine readers, or automatic teller
machines and must not contain the driving record or other personal identifier.
The license must identify the encoded information.
(6) The license
must be manufactured in a manner to prohibit as nearly as possible the ability
to reproduce, alter, counterfeit, forge, or duplicate the license without ready
detection. In addition, a license with a vehicle group designation must contain
the information required under 49 CFR part 383.
(7) Except as
provided in subsection (11), a person who intentionally reproduces, alters,
counterfeits, forges, or duplicates a license photograph, the negative of the
photograph, image, license, or electronic data contained on a license or a part
of a license or who uses a license, image, or photograph that has been
reproduced, altered, counterfeited, forged, or duplicated is subject to 1 of
the following:
(a) If the intent
of the reproduction, alteration, counterfeiting, forging, duplication, or use
is to commit or aid in the commission of an offense that is a felony punishable
by imprisonment for 10 or more years, the person committing the reproduction, alteration,
counterfeiting, forging, duplication, or use is guilty of a felony , punishable by
imprisonment for not more than 10 years, or a fine of not more than $20,000.00, or both.
(b) If the intent
of the reproduction, alteration, counterfeiting, forging, duplication, or use
is to commit or aid in the commission of an offense that is a felony punishable
by 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
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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.
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(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 on 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 the
applicant's immediate possession, to operate a motor vehicle upon on 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 the
operator's or chauffeur's blood type, emergency contact information,
immunization data, medication data, or a statement that the licensee is deaf. A mobile operator's or chauffeur's license may include a
text-based indicator, code, or other indicator approved by the secretary of
state to indicate that the licensee is deaf. The secretary of state
shall not require an applicant for an original or renewal operator's or
chauffeur's license to provide emergency contact information as a condition of
obtaining a license. However, the secretary of state may inquire whether an
operator or chauffeur would like to provide emergency contact information and,
beginning July 1, 2021, shall allow an operator or chauffeur that meets the
requirements of subsection
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(21)
to elect a communication impediment designation. Emergency contact information
obtained under this subsection must be disclosed only to a state or federal law
enforcement agency for law enforcement purposes or to the extent necessary for
a medical emergency. 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 and, beginning July 1, 2021, to view a communication
impediment designation that the holder of an operator's license has voluntarily
provided to the secretary of state.
(14) An operator or
chauffeur may indicate on the license in a place designated by the secretary of
state that he or she the operator or chauffeur 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 the applicant is
a minor who has been emancipated under 1968 PA 293, MCL 722.1 to 722.6, the
license must bear the designation of the individual's emancipated status in a
manner prescribed by the secretary of state.
(16) Subsections
(8), (9), and (10) do not apply to a person who is in possession of 1 or more
photocopies, reproductions, or duplications of a license to document the
identity of the licensee for a legitimate business purpose.
(17) A sticker or
decal may be provided by any person, hospital, school, medical group, or
association interested in assisting in implementing an emergency medical
information card,
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but
must meet the specifications of the secretary of state. An emergency medical
information card may contain information concerning the licensee's patient
advocate designation, other emergency medical information, or an indication as
to where the licensee has stored or registered emergency medical information.
(18) The secretary
of state shall inquire of each licensee, in person or by mail, whether the
licensee agrees to participate in the anatomical gift donor registry under part
101 of the public health code, 1978 PA 368, MCL 333.10101 to 333.10123.
(19) A licensee who
has agreed to participate in the anatomical gift donor registry under part 101
of the public health code, 1978 PA 368, MCL 333.10101 to 333.10123, must 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 must be issued
in compliance with 6 CFR 37.21 or in compliance with the process established to
comply with 6 CFR 37.71 by the secretary of state.
(21) An operator or
chauffeur seeking an election for a communication impediment designation under
subsection (13) shall provide to the secretary of state a certification that
meets all of the following:
(a) Is signed by a
physician, physician assistant, certified nurse practitioner, audiologist,
speech-language pathologist,
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psychologist,
or physical therapist licensed to practice in this state.
(b) Identifies the
individual for whom the communication impediment designation is being elected.
(c) Attests to the
nature of the communication impediment.
(22) A person who
intentionally makes a false statement of material fact or commits or attempts
to commit a deception or fraud on a statement described under subsection (21)
is guilty of a misdemeanor punishable by imprisonment for not more than 30 days, or a fine of not
more than $500.00, or both.
(23) Subject to
subsection (24), the secretary of state may cancel or revoke a communication
impediment designation elected and maintained under this section if either of
the following circumstances applies:
(a) The secretary
of state determines that a communication impediment designation was
fraudulently or erroneously elected.
(b) The secretary
of state determines the communication impediment designation was abused during
a traffic stop.
(24) The secretary
of state shall provide the operator or chauffeur notice and an opportunity to
be heard before canceling or revoking a communication impediment designation
under subsection (23).
(25) As used in
this section:
(a)
"Communication impediment" means the operator or chauffeur has a
health condition that may impede communication with a police officer during a
traffic stop, including, but not limited to, any of the following:
(i) Deafness or hearing loss.
(ii) An autism spectrum disorder.
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(b) "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.
(c) "Temporary
lawful status" means that term as defined in 6 CFR 37.3.
(d)
"Veteran" means that term as defined in section 1 of 1965 PA 190, MCL
35.61.
Sec. 310a. (1)
After the secretary of state develops or enters into a contract to develop the
mobile license system under subsection (3), on request of an individual issued a
physical operator's license or chauffeur's license under section 307(1), the
secretary of state may issue a mobile operator's or chauffeur's license to the
individual. The secretary of state shall ensure that any
data elements in the mobile operator's or chauffeur's license match the data
elements contained in the records of the department. The secretary of state
shall not issue or renew a mobile operator's or chauffeur's license to an
individual who does not hold a valid physical operator's license or chauffeur's
license. The secretary of state may provision an individual's mobile operator's
or chauffeur's license onto multiple electronic devices through the mobile
license system developed under this section. An individual issued a mobile
operator's or chauffeur's license under this subsection is required to have the
physical operator's or chauffeur's license in the individual's immediate
possession while operating a motor vehicle.
(2) A requirement under this act to surrender, destroy, or confiscate a
license does not apply to the electronic device on which a mobile operator's or
chauffeur's license, or a mobile
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enhanced driver license, is provisioned. Notwithstanding
this subsection and on request of a relying party, an individual may authorize
the transmission of the requested data elements contained in the individual's
mobile operator's or chauffeur's license, or a mobile enhanced driver license, from
the electronic device on which a mobile license described under this subsection
is provisioned.
(3) Not later than 18 months after the effective date of the amendatory
act that added this section, the secretary of state shall develop or enter into
a contract with a vendor to develop a mobile license system. The mobile license
system developed under this subsection must be a digitized system that meets all of the following
requirements:
(a) Is
designed to comply with the American Association of Motor Vehicle
Administrators' mobile driver license implementation guidelines.
(b) Is
designed to not require a holder of a mobile operator's or chauffeur's license or
a mobile enhanced driver license to relinquish possession of the electronic device
on which the mobile operator's or chauffeur's license, or a mobile enhanced
driver license, is provisioned to a relying party for the acceptance of the
mobile operator's or chauffeur's license.
(c)
Includes all of the following:
(i) A method for provisioning a mobile operator's or
chauffeur's license, mobile official state personal identification card, mobile
enhanced driver license, or mobile enhanced official state personal
identification card to the electronic device of an individual that protects the
data being transmitted and prevents interception and access during the
provisioning process by any party other than the secretary of state or the individual.
The data
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elements must be provisioned to the electronic device of an
individual to permit the presentation or
use of the mobile operator's or chauffeur's license, a mobile official state
personal identification card, a mobile enhanced driver license, or mobile enhanced
official state personal identification card while the electronic device is
offline. The data elements must be encrypted and stored securely on the device of
the individual issued a mobile operator's or
chauffeur's license, a mobile official state personal identification card, a
mobile enhanced driver license, or a mobile enhanced official state personal
identification card to ensure the release of the data elements is solely
controlled by that individual.
(ii) A method to validate, process, and verify requests from
relying parties.
(iii) Cryptographic authentication, interoperability, and
system updates.
(iv) A method to perform tasks to maintain and update the
system.
(d)
Protects the privacy of the holder of a mobile operator's or chauffeur's
license, a mobile official state personal identification card, a mobile
enhanced driver license, or a mobile enhanced official state personal
identification card through the following features:
(i) Data minimization features that allow the individual to review all the data elements
being requested by a relying party before the release of any of those data
elements.
(ii) Transmission protections preventing the interception and
access of any data elements by any party other than the relying party or the individual involved in the transaction.
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(iii) Any other data minimization and privacy-enhancing
features or capabilities.
(iv) A method for manually deleting locally stored transaction
history.
(4) The
secretary of state may promulgate rules that are necessary for the management
and administration of the mobile license system.
(5) The
secretary of state shall do both of the following:
(a)
Regularly update an individual's information contained in a mobile operator's
or chauffeur's license.
(b) Set the
validity period of a mobile operator's or chauffeur's license.
(6) As used
in this section:
(a)
"Cryptographic" means a method of storing or transmitting data in a
format such that only the intended recipient can access, read, or process the
data.
(b)
"Data elements" means a distinct component of
an individual's information that is found on the records of the department.
(c)
"Mobile enhanced driver license" means a mobile enhanced driver
license issued under section 4 of the enhanced driver license and enhanced
official state personal identification card act, 2008 PA 23, MCL 28.304.
(d) "Mobile
enhanced official state personal identification card" means a mobile enhanced
official state personal identification card issued under section 4 of the
enhanced driver license and enhanced official state personal identification
card act, 2008 PA 23, MCL 28.304.
(e) "Mobile
official state personal identification card" means
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a mobile official state personal identification card issued
under section 2 of 1972 PA 222, MCL 28.292.
(f) "Provision"
means the loading of a mobile operator's or chauffeur's license, mobile enhanced
driver license, mobile enhanced official state personal identification card, or
mobile official state personal identification card onto an individual's
electronic device.
(g) "Relying
party" means that term as defined in section 3 of the relying parties on
mobile licenses act.
(h) "Validity
period" means the duration of time that data transmitted to an electronic
device remains valid, as determined by the secretary of state.
Sec. 311. The licensee shall have his or her the licensee's
physical operator's or chauffeur's license, or the receipt described in
section 311a, in his or her the licensee's immediate possession at all times when
operating a motor vehicle, and on demand of a police
officer who identifies themself as a police officer, shall display the same upon demand of any police officer, who shall
identify himself or herself as such.either a
physical operator's or chauffeur's license or, if the police officer is a
relying party, a mobile operator's or chauffeur's license.
Sec. 312. (1) Upon On proper showing of extenuating circumstances and
special reasons, or need by an applicant who meets the age qualifications and
when accompanied by the fee as provided in this act, the secretary of state may
recommend a restricted operator's or chauffeur's license containing conditions
and restrictions applicable to the licensee, the type of special mechanical
control devices required in a motor vehicle operated by the licensee, and the
area, time, or other condition that the
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secretary
of state considers necessary to assure the safe operation of a vehicle by the
licensee and under which the licensee may operate a motor vehicle. A license
issued to a person an
individual who is at least 14 years of age and under 16 years of age shall must contain
only the conditions determining the hours during which the licensee may drive a
motor vehicle and the purpose for which it is to be driven. A license issued to
a minor who is at least 14 years of age and under 16 years of age shall must be
revoked by the secretary of state on the written request of a parent, guardian,
or person standing in loco parentis.
(2) An operator's
license or a mobile operator's or chauffeur's license issued
to a person an
individual who is at least 14 years of age and under 16 years of age
expires on the birthday following issuance of the license or if that birthday
is within 6 months after the date of issuance of the license, then 1 year after
the date of that birthday.
(3) Upon On receiving
satisfactory evidence of a violation of the restrictions of the license, the
secretary of state may suspend or revoke the license.
(4) A person An individual who
violates a restriction imposed in a restricted license issued to that person individual is
guilty of a misdemeanor. This subsection does not apply to a person an individual who
is at least 14 years of age and under 16 years of age.
(5) If a motor
vehicle is being driven by a person an individual who is at least 14 years of age and
under 16 years of age, and that person individual is accompanied by a parent, guardian, or
person standing in loco parentis, the conditions, limitations, and restrictions
set forth in this section do not
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apply.
Sec. 314. (1) Except as otherwise provided in this
section, an operator's license, and a chauffeur's
license, a mobile
operator's license, and a mobile chauffeur's license expire on the
birthday of the individual to whom the license is issued in the fourth year
following the date of the issuance of the license or on the date the individual
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 must not be issued for a period longer than 4 years. An
individual holding a license at any time 12 months before the expiration of his or her the
individual's license may apply for a new license as provided for in this
chapter. A knowledge test for an original group designation or indorsement endorsement may
be taken at any time during this period and the results are valid for 12
months. A license renewed under this subsection must be renewed for the time
remaining on the license before its renewal combined with the 4-year renewal
period.
(2) The first
operator's license or mobile operator's license issued
to an individual 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
individual is no longer considered to be legally present in the United States
under section 307, whichever is earlier, unless suspended or revoked.
(3) The first
chauffeur's license or mobile chauffeur's license issued
to an individual expires on the licensee's birthday in the fourth year
following the date of issuance or on the date the individual 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 chauffeur's
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license
or mobile chauffeur's license of an individual
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 individual 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 or mobile chauffeur's license expires
on the birthday of the individual to whom the license is issued in the fourth
year following the date of issuance of the license or on the date the
individual 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.
(4) An individual
may apply for an extension of his or her the individual's driving privileges if he or she the individual is
out of state on the date that his or her the individual's operator's or chauffeur's license or mobile 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, this state, whichever
occurs first. This subsection does not apply to an individual 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 or mobile operator's or chauffeur's license to an
individual who will be out of state for more than 180 days beyond the
expiration date of his or her the individual's operator's or chauffeur's license or mobile operator's or chauffeur's license, if the
secretary of state has a digital image of the individual on file. The applicant
for this renewal shall
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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. An individual is not eligible for
consecutive renewals of a license under this subsection. This subsection does
not apply to an individual who fails to meet the requirements of 49 CFR parts
383 and 391 with regard to medical certification documentation requirements, or
an individual with a hazardous material endorsement on his or her operator's or chauffeur's the individual's license.
(6) 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 renewal under this section.
(7) Notwithstanding the provisions of this section, an
operator's or chauffeur's license that expires on or after March 1, 2020 is
valid until March 31, 2021. Notwithstanding the provisions of this section, an
operator's or chauffeur's license that expires after March 31, 2021 but before
August 1, 2021 is valid until 120 days after the date of the expiration.
Sec. 811c. (1)
The fee for an original or renewal mobile operator's or chauffeur's license
must not be more than $4.00. The secretary of state shall deposit the money
received and collected under this subsection in the fund created under
subsection (2).
(2) The mobile license fund is created within the state treasury. The
state treasurer may receive money or other assets from any source for deposit
into the fund. The state treasurer shall direct the investment of the fund. The
state treasurer shall credit to the fund interest and earnings from fund
investments.
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Money in the fund at the close of the
fiscal year must remain in the fund and must not lapse to the general fund. The
secretary of state is the administrator of the fund for auditing purposes. The
secretary of state shall expend money from the fund, on appropriation, to cover
necessary administrative and implementation costs incurred in providing mobile
operator's or chauffeur's licenses, mobile official state personal
identification cards, or mobile enhanced driver licenses or mobile enhanced
official state personal identification cards.
Sec. 901a. If a
person an individual has received a
citation for a violation of section 311, the court shall waive any fine and costs, upon on receipt of certification by a law enforcement
agency that the person, individual, before the appearance date on the
citation, has produced his or her the individual's physical operator's or chauffeur's
license and that the license was valid on the date the violation of section 311
occurred.
Enacting section 1. This amendatory act does not take
effect unless all of the following bills of the 103rd Legislature are enacted
into law:
(a) Senate
Bill No. ____ (request no. S04150'25) or House Bill No. ____ (request no. H04150'25).
(b) Senate
Bill No. ____ (request no. S04151'25) or House Bill No. ____ (request no. H04151'25).
(c) Senate
Bill No. 620.