SB1111: SUMMARY OF INTRODUCED BILL IN COMMITTEE (Date Completed: 12-1-20)

CONTENT

Senate Bill 1111 would amend the Michigan Vehicle Code to do the following:

-- Until December 31, 2021, allow the Secretary of State (SOS) to issue a renewal operator's or chauffeur's license to an individual who had received the one additional four-year renewal period for an additional one-year period or until the individual was no longer determined to be legally present.

-- Beginning January 1, 2022, allow the SOS to issue a renewal operator's or chauffeur's license for one additional five-year period or until the individual was no longer determined to be legally present under the Code.

-- Specify that beginning January 1, 2022, an operator's or chauffeur's license would expire on the birthday of the individual to whom the license was issued in the fifth year following the date of the issuance of the license, instead of the fourth year, or on the date the individual was no longer considered to be legally present in the United States, whichever was earlier, unless suspended or revoked before that date.

-- Beginning January 1, 2022, modify the fees that accompany an application for an original or renewal operator's or an original or renewal chauffeur's license.

Senate Bill 1112 would amend Public Act 222 of 1972, which governs the form, issuance, and use of an official State identification (ID) card, to do the following:

-- Until December 31, 2021, allow the SOS to issue a renewal official State ID card to an individual who had received already the one additional four-year renewal period for an additional one-year period by mail or by another method prescribed by the SOS.

-- Specify that beginning January 1, 2022, an original or renewal official State ID card would expire on the birthday of the individual to whom it was issued in the fifth year following the date of issuance or on the date the individual was no longer considered to be legally present in the United States, whichever was earlier.

-- Beginning on January 1, 2022, and except as otherwise provided in the Act, require an official State ID card renewed under the Act to be renewed for the combined period of time remaining on the official State ID card before its renewal and the five-year renewal period, instead of the combined period of time remaining and the four-year renewal period.

-- Beginning January 1, 2022 increase from $10 to $12.50 the fee prescribed for each original, renewal, or duplicate official State ID card issued.

Senate Bill 1111 is tie-barred to Senate Bill 1112.

Senate Bill 1111

Renewal Period

Under the Michigan Vehicle Code, except for a vehicle group designation or indorsement or as provided in Section 314(5) of the Code, the SOS may issue a renewal operator's or chauffeur's license for one additional four-year period or until the individual is no longer determined to be legally present by mail or by other methods prescribed by the SOS. The bill specifies that this provision would apply until December 31, 2021, and would be subject to the following proposed provision.

Until December 31, 2021, except for a vehicle group designation or indorsement or as provided by the bill or Section 314(5), the bill would allow the SOS to issue a renewal operator's or chauffeur's license to an individual who had received the one additional four-year renewal period for an additional one-year period or until the individual was no longer determined to be legally present by mail or by other methods prescribed by the SOS. The SOS would have to issue a renewal license only in person if the individual was an individual required under Section 5a of the Sex Offenders Registration Act to maintain a valid operator's or chauffeur's license or official State personal identification card.

The bill also specifies that beginning on January 1, 2022, except for a vehicle group designation or indorsement or as provided in Section 314(5) of the Code, the SOS could issue a renewal operator's or chauffeur's license for one additional five-year period or until the individual was no longer determined to be legally present under the Code by mail or by other methods prescribed by the SOS.

(Section 314(5) specifies that the SOS may issue a renewal 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 operator's or chauffeur's license if the SOS has a digital image of the individual on file and the applicant meets certain requirements.)

License Expiration

Under the Code, an operator's license and 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, whichever is earlier, unless suspended or revoked before the date. The bill specifies that this provision would apply until December 31, 2021, and would be subject to the proposed requirement above that would allow for an additional one-year period renewal.

Under the bill, beginning on January 1, 2022, and except as otherwise provided by the Code, an operator's or chauffeur's license would expire on the birthday of the individual to whom the license was issued in the fifth year following the date of the issuance of the license or on the date the individual was no longer considered to be legally present in the United States, whichever was earlier, unless suspended or revoked before that date.

The Code currently prohibits a license from being issued for a period longer than four years. The bill specifies that this provision would apply until December 31, 2021. Beginning January 1, 2022, a license could not be issued for a period longer than five years.

The Code requires a license renewed as a result of the expiration on an individual's birthday to be renewed for the time remaining on the license before its renewal combined with the four-year renewal period. The bill specifies that this provision would apply until December 31, 2021 and be subject to the proposed requirement above that would allow for an additional one-year period renewal. Beginning on January 1, 2022, a license renewed as described above would have to be renewed for the time remaining on the license before its renewal combined with the five-year renewal period.

Under the Code, the first 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, whichever is earlier, unless the license is suspended or revoked before that date. The bill specifies that this would apply until December 31, 2021. Beginning on January 1, 2022, the first chauffeur's license issued to an individual would expire on the licensee's birthday in the fifth year following the date of issuance or on the date the individual was no longer considered to be legally present in the United States, whichever was earlier, unless the license was suspended or revoked before that date.

The Code specifies that a subsequent chauffeur's license expires in the same manner as described above. The bill specifies that this provision would apply until December 31, 2021, and be subject to the proposed requirement above that would allow for an additional one-year period renewal. Beginning on January 1, 2022, a subsequent chauffeur's license would expire on the birthday of the individual to whom the license was issued in the fifth year following the date of issuance of the license or on the date the individual was no longer considered to be legally present in the United States, whichever was earlier unless the license was suspended or revoked before that date.

Fees

The Code prescribes the following fees that must accompany an application for an original operator's or an original or renewal chauffeur's license:

-- For an operator's license, $25.

-- For a chauffeur's license, $35.

The bill specifies that these fees would apply until December 31, 2021. The bill would prescribe the following fees beginning January 1, 2022:

-- For an operator's license, $31.25.

-- For a chauffeur's license, $43.75.

The Code prescribes an $18 renewal fee for a renewed operator's license. The bill specifies that this would apply until December 31, 2021. Beginning January 1, 2022, the renewal fee for a renewed operator's license would be $22.50.

Driver Education Requirement

Under the Code, notwithstanding other requirements, an operator's license may not be issued to an individual under 18 years of age unless he or she passes a driver education course and examination given by a school licensed under the Driver Education and Training Schools Act. The bill specifies that an operator's license could not be issued to an individual under 18 years of age unless he or she passed a driver education course and examination given by a driver education provider that had been certified to provide teen driver training under the Drive Education Provider and Instructor Act.

(The bill would define "driver education course", "driver education provider", and "teen driver training" as those terms are defined in the Driver Education Provider and Instructor Act: "driver education course" means a program of study offered by a certified driver education provider, which enables a student to acquire the basic knowledge, skill, and attitude necessary to operate a motor vehicle upon a highway transportation system; "driver education provider" means a person who maintains or obtains the facilities and certified instructors to give instruction in the driver of a motor vehicle or prepare an applicant for an exam given by the SOS for a license; and "teen driver training" means driver training instruction provided through a segment 1 or segment 2 driver education course that allows a person 17 years of age or less to apply for a level 1 or level 2 graduated driver license.)

Senate Bill 1112

Official ID Expiration & Renewal

Under Public Act 222 of 1972, the SOS may issue a renewal official State ID card for on additional four-year period by mail or by other methods prescribed by the SOS. The bill specifies that this provision would apply until December 31, 2021, and would be subject to the following proposed provision. Until December 31, 2021, the SOS could issue a renewal official State ID card to an individual who had received the one additional four-year renewal period for an additional one-year period by mail or by another method prescribed by the SOS.

The Code specifies that an original or renewal official State ID card expires on the birthday of the individual to whom it is issued 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, whichever is earlier. The bill specifies that this provision would apply until December 31, 2021, and would be subject to the proposed provision above that would allow for an additional one-year period renewal. Beginning January 1, 2022, an original or renewal official State ID card would expire on the birthday of the individual to whom it was issued in the fifth year following the date of issuance or on the date the individual was no longer considered to be legally present in the United States, whichever was earlier.

The Code currently prohibits the SOS from issuing an official State ID card for a period greater than four years. The bill specifies that this provision would apply until December 31, 2021. Beginning on January 1, 2022, the SOS could not issue an official State ID card for a period greater than five years. In addition, beginning January 1, 2022, and except as otherwise provided, the SOS could issue a renewal official State ID card for one additional five-year period by mail or by other methods prescribed by the SOS.

Under the Act, an official State ID card renewed under the Act must be renewed for a combined period of the time remaining on the official State ID card before its renewal and the four-year renewal period. The bill specifies that this would apply until December 31, 2021. Beginning on January 1, 2022, and except as otherwise provided in the Act, an official State ID card renewed under the Act would have to be renewed for the combined period of time remaining on the official State ID card before its renewal and the five-year renewal period.

Fees

Under the Act, except as otherwise provided, an applicant must pay a fee of $10 to the SOS for each original or renewal official State ID card issued. The bill specifies that this would apply until December 31, 2021. Beginning on January 1, 2022, except as otherwise provided, an applicant would have to pay a fee of $12.50 to the SOS for each original or renewal official State personal ID card issued.