Bill Summary – FastDemocracy

HOUSE BILL NO. 4410
     April 13, 2023, Introduced by Reps. Aiyash, Hood, Fitzgerald, Dievendorf, Hoskins, Farhat,
       Glanville, Weiss, Tyrone Carter, Pohutsky, Grant, Price, Neeley, O'Neal, Byrnes, Paiz,
       MacDonell, Stone, Young, Skaggs, Hope, Arbit, Morse, Rheingans, Scott, McKinney, McFall,
       Hill and Rogers and referred to the Committee on Regulatory Reform.
          A bill to amend 1949 PA 300, entitled
    "Michigan vehicle code,"
    by amending sections 50a, 51a, 232, 302, 303, 307, and 314 (MCL
50a, 257.51a, 257.232, 257.302, 257.303, 257.307, and 257.314),
    sections 50a and 51a as amended by 2008 PA 7, section 232 as
    amended by 2022 PA 223, section 302 as amended by 2018 PA 428,
    sections 303 and 307 as amended by 2020 PA 376, and section 314 as
    amended by 2021 PA 71.
                     THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 50a. "Residence address" means the place that is the
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  settled home or domicile at which a person legally an individual
  resides as defined in section 11 of the Michigan election law, 1954
  PA 116, MCL 168.11.
        Sec. 51a. "Resident" means every person individual who resides
  in a settled or permanent home with the intention of remaining in
  this state. and establishes that he or she is legally present in
  the United States. This definition applies to the provisions of
  this act only. For purposes of this act, the citizenship or
  immigration status of an individual must not be considered in
 determining whether the individual is a resident of this state.
       Sec. 232. (1) Upon request, the secretary of state may furnish
 a list of information from the records of the department maintained
 under this act to a federal, state, or local governmental agency
 for use in carrying out the agency's functions, or to a private
 person or entity acting on behalf of a governmental agency for use
 in carrying out the agency's functions. The secretary of state may
 charge the requesting agency a preparation fee to cover the cost of
 preparing and furnishing a list provided under this subsection if
 the cost of preparation exceeds $25.00, and use the revenues
 received from the service to defray necessary expenses. If the
 secretary of state sells a list of information under this
 subsection to a member of the state legislature, the secretary of
 state shall charge the same fee as the fee for the sale of
 information under subsection (2) unless the list of information is
 requested by the member of the legislature to carry out a
 legislative function. The secretary of state may require the
 requesting agency to furnish 1 or more blank computer tapes,
 cartridges, or other electronic media and may require the agency to
 execute a written memorandum of agreement as a condition of
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  obtaining a list of information under this subsection.
        (2) The secretary of state may contract for the sale of lists
  of driver and motor vehicle records and other records maintained
  under this act in bulk, in addition to those lists distributed at
  cost or at no cost under this section for purposes permitted by and
  described in section 208c(3). The secretary of state shall require
  each purchaser of records in bulk to execute a written purchase
  contract. Until October 1, 2023, the proceeds from each sale made
  under this subsection must be credited to the transportation
 administration collection fund created in section 810b. The
 secretary of state shall fix a price for the sale of lists or other
 records maintained in bulk, which may include personal information.
 The price per 1,000 records is based on the date the records are
 obtained and must not exceed $25.00 after January 1, 2023.
       (3) The secretary of state or any other state agency shall not
 sell or furnish any list of information under subsection (2) for
 the purpose of surveys, marketing, or solicitations. The secretary
 of state shall not furnish any list of information under subsection
 (1) or (2) for the purposes of immigration enforcement. The
 secretary of state shall ensure that personal information disclosed
 in bulk will be used, rented, or sold solely for uses permitted
 under this act.
       (4) The secretary of state may insert any safeguard the
 secretary considers reasonable or necessary, including a bond
 requirement, in a memorandum of agreement or purchase contract
 executed under this section, to ensure that the information
 provided or sold is used only for a permissible purpose and that
 the rights of individuals and of the department are protected.
       (5) An authorized recipient of personal information disclosed
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  under this section who that resells or rediscloses the information
  for any of the purposes permitted by and described in section
  208c(3) shall do both of the following:
        (a) Make and keep for a period of not less than 5 years
  records identifying each person who that received personal
  information from the authorized recipient and the permitted purpose
  for which it was obtained.
        (b) Allow a representative of the secretary of state, upon
  request, to inspect and copy records identifying each person who
 that received personal information from the authorized recipient
 and the permitted purpose for which it was obtained.
       (6) The secretary of state shall not disclose a list based on
 driving behavior or sanctions to a nongovernmental agency,
 including an individual.
       Sec. 302. The following persons individuals are exempt from
 obtaining a license under this chapter:
       (a) A person An individual serving in the Armed Forces of the
 United States if furnished with a driver's permit and operating an
 official motor vehicle in that service or a person an individual
 who is a military driver and operates a commercial motor vehicle
 for a military purpose. This exemption applies to active duty
 military personnel, members of the military reserves, active duty
 United States Coast Guard personnel, and members of the national
 guard while on active duty, including, but not limited to,
 personnel on full-time national guard duty, personnel on part-time
 national guard training, and national guard military technicians
 who are civilians required to wear military uniforms. This
 exemption does not apply to any of the following:
       (i) United States reserve technicians.
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        (ii) Except as otherwise provided in this subdivision, a person
  an individual who is a civilian and in the employ of the Armed
  Forces of the United States.
        (b) A person An individual while driving or operating a road
  roller, a snow motor, road machinery, or a farm tractor or
  implement of husbandry temporarily drawn, moved, or propelled on a
  highway. , if the person is a citizen of the United States or is
  otherwise eligible to be issued an operator's license or
  chauffeur's license under section 307(1).
       (c) A nonresident who is not less than 16 years of age and who
 has been licensed either as an operator or a chauffeur under a law
 requiring the licensing of operators or chauffeurs in his or her
 the nonresident's home state and who has in his or her the
 nonresident's immediate possession either a valid operator's or a
 valid chauffeur's license issued to him or her that nonresident in
 his or her the nonresident's home state.
       (d) A nonresident who is over the age of 17 years, whose home
 state does not require the licensing of operators, may operate a
 motor vehicle as an operator only, for a period of not more than 90
 days in any calendar year, if all either of the following
 apply:applies:
       (i) The motor vehicle is registered in the home state or
 country of the nonresident.
       (ii) The nonresident has in his or her the nonresident's
 immediate possession a registration card evidencing ownership and
 registration of the motor vehicle in his or her the nonresident's
 home state or country, or is able at any time or place required to
 prove lawful possession or the right to operate the motor vehicle
 and to establish his or her the nonresident's proper identity.
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        (iii) The nonresident is a citizen of the United States or is
  otherwise eligible to be issued an operator's license or
  chauffeur's license under section 307(1).
        (e) A person An individual who is a member of the Armed Forces
  of the United States on official leave, who on the date of his or
  her the individual's orders granting leave possessed an operator's
  or chauffeur's license, valid except for the expiration date of the
  license. This exemption applies only to the person's individual's
  first leave of absence following the expiration of his or her the
 individual's license and exempts the person individual from the
 provisions of this act for a period not to exceed 30 days.
       (f) A person An individual who is a discharged member of the
 Armed Forces of the United States, who on the date of his or her
 the individual's discharge possesses an operator's or chauffeur's
 license, valid except for the expiration date, for a period not to
 exceed 30 days from date of discharge.
       (g) A person An individual who is a member of the Armed Forces
 of the United States, stationed in this state, who resides in
 another state and has a valid license issued by the state in which
 he or she the individual resides.
       (h) A person An individual while operating a commercial motor
 vehicle in the course of a driving test administered by a certified
 examiner appointed by the secretary of state and while accompanied
 by the examiner. , if the person is a citizen of the United States
 or is otherwise eligible to be issued an operator's license or
 chauffeur's license under section 307(1).
       (i) A person An individual while operating a commercial motor
 vehicle who is not disqualified from operating a commercial motor
 vehicle and who holds a commercial driver license that is issued to
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  him or her that individual by another state or jurisdiction under
  49 CFR part 383.
        (j) A person An individual with a mobility disability while
  operating a power-driven mobility device. This subdivision does not
  apply to a person an individual with a mobility disability while
  operating a power-driven mobility device on a street, road, or
  highway in this state.
        Sec. 303. (1) The secretary of state shall not issue a license
  under this act to any of the following individuals:
       (a) An individual, as an operator, who is less than 18 years
 of age, except as otherwise provided in this act.
       (b) An individual, as a chauffeur, who is less than 18 years
 of age, except as otherwise provided in this act.
       (c) An individual whose license is suspended, revoked, denied,
 or canceled in any state. If the suspension, revocation, denial, or
 cancellation is not from the jurisdiction that issued the last
 license to the individual, the secretary of state may issue a
 license after the expiration of 5 years from the effective date of
 the most recent suspension, revocation, denial, or cancellation.
       (d) An individual who in the opinion of the secretary of state
 is afflicted with or suffering from a physical or mental disability
 or disease that prevents the individual from exercising reasonable
 and ordinary control over a motor vehicle while operating the motor
 vehicle on the highways.
       (e) An individual who is unable to understand highway warning
 or direction signs in the English language.
       (f) An individual who is unable to pass a knowledge, skill, or
 ability test administered by the secretary of state in connection
 with issuing an original operator's or chauffeur's license,
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  original motorcycle indorsement, endorsement, or an original or
  renewal of a vehicle group designation or vehicle
  indorsement.endorsement.
        (g) An individual who has been convicted of, has received a
  juvenile disposition for, or has been determined responsible for 2
  or more moving violations under a law of this state, a local
  ordinance substantially corresponding to a law of this state, or a
  law of another state substantially corresponding to a law of this
  state within the preceding 3 years, if the violations occurred
 before issuance of an original license to the person individual in
 this state, another state, or another country.
       (h) A nonresident, including, but not limited to, a foreign
 exchange student.
       (i) An individual who has failed to answer a citation or
 notice to appear in court or for any matter pending or fails to
 comply with an order or judgment of the court, including, but not
 limited to, paying all fines, costs, fees, and assessments, in
 violation of section 321a, until that individual answers the
 citation or notice to appear in court or for any matter pending or
 complies with an order or judgment of the court, including, but not
 limited to, paying all fines, costs, fees, and assessments, as
 provided under section 321a.
       (j) An individual not licensed under this act who has been
 convicted of, has received a juvenile disposition for, or has been
 determined responsible for a crime or civil infraction described in
 section 319, 324, or 904. An individual shall be denied a license
 under this subdivision for the length of time corresponding to the
 period of the licensing sanction that would have been imposed under
 section 319, 324, or 904 if the individual had been licensed at the
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  time of the violation.
        (k) An individual not licensed under this act who is
  determined to have violated section 624a or 624b. The individual
  shall be denied a license under this subdivision for a period of
  time that corresponds to the period of the licensing sanction that
  would have been imposed under those sections had the individual
  been licensed at the time of the violation.
        (l) An individual whose commercial driver license application
  is canceled under section 324(2).
       (m) Unless otherwise eligible under section 307(1), an
 individual who is not a citizen of the United States.
       (2) On receiving the appropriate records of conviction, the
 secretary of state shall revoke the operator's or chauffeur's
 license of an individual and deny issuance of an operator's or
 chauffeur's license to an individual who has any of the following,
 whether under a law of this state, a local ordinance that
 substantially corresponds to a law of this state, a law of another
 state that substantially corresponds to a law of this state, or,
 beginning October 31, 2010, a law of the United States that
 substantially corresponds to a law of this state:
       (a) Any combination of 2 convictions within 7 years for
 reckless driving in violation of section 626 before October 31,
 2010 or, beginning October 31, 2010, 626(2).
       (b) Any combination of 2 or more convictions within 7 years
 for any of the following:
       (i) A felony in which a motor vehicle was used.
       (ii) A violation or attempted violation of section 601b(2) or
 (3), section 601c(1) or (2), section 602a(4) or (5), section 617,
 section 653a(3) or (4), or section 904(4) or (5).
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        (iii) Negligent homicide, manslaughter, or murder that results
  from the operation of a vehicle or an attempt to commit any of
  those crimes.
        (iv) A violation or attempted violation of section 479a(4) or
  (5) of the Michigan penal code, 1931 PA 328, MCL 750.479a.
        (c) Any combination of 2 convictions within 7 years for any of
  the following or a combination of 1 conviction for a violation or
  attempted violation of section 625(6) and 1 conviction for any of
  the following within 7 years:
       (i) A violation or attempted violation of section 625, except a
 violation of section 625(2), or a violation of any prior enactment
 of section 625 in which the defendant operated a vehicle while
 under the influence of intoxicating or alcoholic liquor or a
 controlled substance, or a combination of intoxicating or alcoholic
 liquor and a controlled substance, or while visibly impaired, or
 with an unlawful bodily alcohol content.
       (ii) A violation or attempted violation of section 625m.
       (iii) A violation or attempted violation of former sect