SENATE BILL NO. 1111
September 15, 2020, Introduced by Senators
JOHNSON, SANTANA, RUNESTAD, NESBITT, BARRETT, WOJNO, LASATA, ALEXANDER,
VANDERWALL and HOLLIER and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 307, 314, and 811 (MCL 257.307, 257.314, and 257.811), section 307 as amended by 2018 PA 604, section 314 as amended by 2020 PA 127, and section 811 as amended by 2006 PA 589.
the people of the state of michigan enact:
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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
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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 his or her current full legal name. The secretary of state shall accept as 1 of the required identification documents an identification card issued by the department of corrections to prisoners who are placed on parole or released from a correctional facility, containing the prisoner's legal name, photograph, and other information identifying the prisoner as provided in section 37(4) of the corrections code of 1953, 1953 PA 232, MCL 791.237. An application for an operator's or chauffeur's license must be made in a manner prescribed by the secretary of state and must contain all of the following:
(a) The applicant's full legal name, date of birth, residence address, height, sex, eye color, signature, intent to make an anatomical gift, other information required or permitted on the license under this chapter, and, only to the extent required to comply with federal law, the applicant's Social Security number. The applicant may provide a mailing address if the applicant
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receives mail at an address different from his or her residence address.
(b) If the applicant is not a citizen of the United States, the applicant shall provide, and the department shall verify, documents demonstrating his or her legal presence in the United States. Nothing in this act shall must obligate or be construed to obligate this state to comply with title II of the real ID act of 2005, Public Law 109-13. The secretary of state may adopt rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, as are necessary for the administration of this subdivision. A determination by the secretary of state that an applicant is not legally present in the United States may be appealed under section 631 of the revised judicature act of 1961, 1961 PA 236, MCL 600.631. The secretary of state shall not issue an operator's license or a chauffeur's license to an applicant described in this subdivision for a term that exceeds the duration of the applicant's legal presence in the United States.
(c) The following notice must be included to inform the applicant that under sections 509o and 509r of the Michigan election law, 1954 PA 116, MCL 168.509o and 168.509r, the secretary of state is required to use the residence address provided on this application as the applicant's residence address on the qualified voter file for voter registration and voting:
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(d) For an original or renewal operator's or chauffeur's license with a vehicle group designation or indorsement, 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, the following certifications by the applicant:
(i) The applicant meets the applicable federal driver qualification requirements under 49 CFR parts 383 and 391 or meets the applicable qualifications of the department of state police under the motor carrier safety act of 1963, 1963 PA 181, MCL 480.11 to 480.25.
(ii) The vehicle in which the applicant will take the driving skills tests is representative of the type of vehicle the applicant operates or intends to operate.
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(iii) The applicant is not subject to disqualification by the United States Secretary of Transportation, or a suspension, revocation, or cancellation under any state law for conviction of an offense described in section 312f or 319b.
(iv) The applicant does not have a driver's license from more than 1 state or jurisdiction.
(f) An applicant for an operator's or chauffeur's license with a vehicle group designation and a hazardous material indorsement shall provide his or her fingerprints as prescribed by state and federal law.
(g) For automatic voter registration purposes under section 493a of the Michigan election law, 1954 PA 116, MCL 168.493a, a space for the applicant to indicate on the application or change of address application whether he or she is a citizen of the United States.
(h) A space to allow the applicant to indicate that the applicant declines to use the application as a voter registration application.
(2) An applicant for an operator's or chauffeur's license may have his or her image and signature captured or reproduced when the application for the license is made. The secretary of state shall acquire equipment purchased or leased under this section under standard purchasing procedures of the department of technology, management, and budget based on standards and specifications established by the secretary of state. The secretary of state shall not purchase or lease equipment until an appropriation for the equipment has been made by the legislature. A digital photographic image and signature captured under this section must appear on the applicant's operator's license or chauffeur's license. A person's
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An individual's digital photographic image and signature shall be used as follows:
(a) By a federal, state, or local governmental agency for a law enforcement purpose authorized by law.
(b) By the secretary of state for a use specifically authorized by law.
(c) By the secretary of state for forwarding to the department of state police the images of persons required to be registered under the sex offenders registration act, 1994 PA 295, MCL 28.721 to 28.736, upon the department of state police providing the secretary of state an updated list of the names of those persons.
(d) By the secretary of state for forwarding to the department of state police as provided in section 5c of 1927 PA 372, MCL 28.425c.
(e) By the secretary of state for forwarding to the department of licensing and regulatory affairs the images of applicants for an official state registry identification card issued under section 6 of the Michigan medical marihuana act, Medical Marihuana Act, 2008 IL 1, MCL 333.26426, if the department of licensing and regulatory affairs promulgates rules requiring a photograph as a design element for an official state registry identification card.
(f) As necessary to comply with a law of this state or of the United States.
(3) An application must contain a signature or verification and certification by the applicant, as determined by the secretary of state, and must be accompanied by the proper fee. The secretary of state shall collect the application fee with the application. The secretary of state shall refund the application fee to the applicant if the license applied for is denied, but shall not
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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 civilly or criminally liable for the failure to make the inquiry.
(b) Provide the applicant with all of the following:
(i) Information explaining the applicant's right to make an anatomical gift in the event of death in accordance with section 310.
(ii) Information describing the anatomical gift donor registry program under part 101 of the public health code, 1978 PA 368, MCL 333.10101 to 333.10123. The information required under this subparagraph includes the address and telephone number of Michigan's federally designated organ procurement organization as that term is defined in section 10102 of the public health code, 1978 PA 368, MCL 333.10102, or its successor organization.
(iii) Information giving the applicant the opportunity to be placed on the donor registry described in subparagraph (ii).
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(c) Provide the applicant with the opportunity to specify on his or her operator's or chauffeur's license that he or she is willing to make an anatomical gift in the event of death in accordance with section 310.
(d) Inform the applicant that, if he or she indicates to the secretary of state under this section a willingness to have his or her name placed on the donor registry described in subdivision (b)(ii), the secretary of state will mark the applicant's record for the donor registry.
(5) The secretary of state may fulfill the requirements of subsection (4) by 1 or more of the following methods:
(a) Providing printed material enclosed with a mailed notice for an operator's or chauffeur's license renewal or the issuance of an operator's or chauffeur's license.
(b) Providing printed material to an applicant who personally appears at a secretary of state branch office, or inquiring orally.
(c) Through electronic information transmittals for operator's and chauffeur's licenses processed by electronic means.
(6) The secretary of state shall maintain a record of an individual who indicates a willingness to have his or her name placed on the donor registry described in subsection (4)(b)(ii). Information about an applicant's indication of a willingness to have his or her name placed on the donor registry that is obtained by the secretary of state under subsection (4) and forwarded under subsection (14) (15) is exempt from disclosure under section 13(1)(d) of the freedom of information act, 1976 PA 442, MCL 15.243. The secretary of state is not required to maintain a record of an individual who does not indicate a willingness to have his or her name placed on the donor registry described in subsection
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(4)(b)(ii) or an individual who does not respond to an inquiry under subsection (4)(a).
(7) If an application is received from a person 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 a person an individual applies for a commercial learner's permit for an original vehicle group designation or indorsement to operate a commercial motor vehicle, the secretary of state may verify the person's individual's identity, may require proof of Michigan domicile under 49 CFR 383.5, and may verify the person's individual's proof of United States citizenship or proof of lawful permanent residency as required under 49 CFR 383.71 and 383.73, if that information is not on the person's individual's Michigan driving record. If a person 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 person's individual's identity, may require proof of Michigan domicile under 49 CFR 383.5, and may verify the person's individual's proof of citizenship or lawful permanent residency under 49 CFR 383.71 and 383.73, if that information is not on the person's individual's Michigan driving record. If a person an individual applies for an upgrade of a vehicle group designation or indorsement, the secretary of state may verify the person's individual's identity, may require proof of Michigan domicile under 49 CFR 383.5, and may verify the person's individual's proof of citizenship or lawful permanent residency under 49 CFR 383.71 and
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383.73, if that information is not on the person's individual's Michigan driving record. The secretary of state shall request the person's 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 to the applicant. If the applicant does not hold a valid commercial motor vehicle driver license from a state where he or she was licensed in the last 10 years, this complete driving record request must be made not earlier than 24 hours before the secretary of state issues the applicant a vehicle group designation or indorsement. For all other drivers, this request must be made not earlier than 10 days before the secretary of state issues the applicant a vehicle group designation or indorsement. If the application is for the renewal of a vehicle group designation or indorsement, and if the secretary of state enters on the person's 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.
(9) Except Until December 31, 2021, and subject to subsection (10),
except for a vehicle group designation or indorsement or as
provided in this subsection or section 314(5), the secretary of state may issue
a renewal operator's or chauffeur's license for 1 additional 4-year period or until the person individual is
no longer determined to be legally present under this section by mail
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or by other methods prescribed by the
secretary of state. Beginning on
January 1, 2022, except for a vehicle group designation or indorsement or as
provided in this subsection or section 314(5), the secretary of state may issue
a renewal operator's or chauffeur's license for 1 additional 5-year period 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 person individual is
a person 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 persons 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 identification
card.
(10) Until December 31, 2021, except for a vehicle group designation or indorsement or as provided in this subsection or section 314(5), the secretary of state may issue a renewal operator's or chauffeur's license to an individual who has already received the 1 additional 4-year renewal period under subsection (9) for an additional 1-year period or until the individual is no
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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 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.
(11) (10) Upon request, the secretary of state shall provide an information manual to an applicant explaining how to obtain a vehicle group designation or indorsement. The manual must contain the information required under 49 CFR part 383.
(12) (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.
(13) (12) The secretary of state shall not display a person's an individual's Social Security number on the person's individual's
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operator's or chauffeur's license.
(14) (13) A requirement under this section to include a Social Security number on an application does not apply to an applicant who demonstrates that he or she is exempt under law from obtaining a Social Security number.
(15) (14) As required in section 10120 of the public health code, 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.
(16) (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.
(17) (16) The secretary of state shall not issue an operator's license or a chauffeur's license to a person an individual holding an operator's license or chauffeur's license issued by another state without confirmation that the person individual is terminating or has terminated the operator's license or chauffeur's license issued by the other state.
(18) (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
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document materials and papers from which operator's licenses and chauffeur's licenses are produced.
(b) Subject all persons authorized to manufacture or produce operator's licenses or chauffeur's licenses and all persons who have the ability to affect the identity information that appears on operator's licenses or chauffeur's licenses to appropriate security clearance requirements. The security requirements of this subdivision and subdivision (a) may require that licenses be 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.
(19) (18) The secretary of
state shall have electronic access to prisoner information maintained by the
department of corrections for the purpose of verifying the identity of a
prisoner who applies for an operator's or chauffeur's license under subsection
(1).
Sec. 314. (1) Except Until
December 31, 2021, and except as otherwise provided in this
section and section 307(10), 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 under section 307,
whichever is earlier, unless suspended or revoked before that date. A Beginning
on January 1, 2022, and except as otherwise provided in this section, an
operator's license and chauffeur's license expire on the birthday of the
individual to whom the license is issued in the fifth 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
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United States under section 307, whichever is
earlier, unless suspended or revoked before that date. Until December 31, 2021,
a license must not be issued for a period longer than 4 years. Beginning on January 1, 2022, a license must not be issued for a
period longer than 5 years. An individual holding a license at
any time 12 months before the expiration of his or her license may apply for a
new license as provided for in this chapter. A knowledge test for an original
group designation or indorsement may be taken at any time during this period
and the results are valid for 12 months. A
Until December 31, 2021, and except as
otherwise provided in section 307(10), 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.
Beginning on January 1, 2022, a license renewed under this subsection must be
renewed for the time remaining on the license before its renewal combined with
the 5-year renewal period.
(2) The first 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 Until December 31, 2021, 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 under section 307,
whichever is earlier, unless the license is suspended or revoked before that
date. Beginning on January 1, 2022, the first
chauffeur's license issued to an
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individual expires on the licensee's birthday in
the fifth 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 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
Until December 31, 2021, and except as
otherwise provided in section 307(10), a subsequent 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. Beginning on January 1, 2022,
a subsequent chauffeur's license expires on the birthday of the individual to
whom the license is issued in the fifth 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
driving privileges if he or she is out of state on the date that his or her
operator's or chauffeur's license expires. The extension may extend the license
for 180 days beyond the expiration date or not more than 2 weeks after the
applicant returns to Michigan, whichever occurs first. This subsection does not
apply to an
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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 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 secretary of state has a digital image of the individual on
file. The applicant for this renewal shall submit a statement evidencing a
vision examination in accordance with the rules promulgated by the secretary of
state under section 309 and any other statement required by this act or federal
law. 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 indorsement on his or her operator's or chauffeur's license.
(6) The secretary of state may check the applicant's driving
record through the National Driver Register and the Commercial Driver'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 September 30, 2020.
Sec. 811. (1) An
application for an original operator's or an original or renewal chauffeur's
license as provided in sections 307 and 312 and an application for an original
minor's restricted license as provided in section 312 shall
must be accompanied by the
following fees:
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(a)
Until December 31, 2021, as follows:
$ |
25.00 |
|
Chauffeur's
license........................... |
|
35.00 |
Minor's
restricted license.................... |
|
25.00 |
(b)
Beginning January 1, 2022, as follows:
Operator's
license............................ |
$ |
31.25 |
Chauffeur's
license........................... |
|
43.75 |
Minor's
restricted license.................... |
|
25.00 |
(2)
The renewal fee for an operator's license renewed under this section is
$18.00 until December 31, 2021. Beginning January 1, 2022, the renewal fee for an operator's
license renewed under this section is $22.50. However, if an
operator's license is expired at the time of the renewal, the fee is the same
as the original fee, except as provided in subsection (4).
(5). The date of an application
for a renewal of an operator's license under this section that is delivered to
the secretary of state by regular mail is the postmark date in determining the
fee to be assessed.
(3)
(2) The secretary of
state shall deposit the money received and collected under subsection subsections
(1) and (2) in the state treasury to
the credit of the general fund. The secretary of state shall refund out of the
fees collected to each county or municipality acting as an examining officer or
examining bureau $2.50 for each applicant examined for an original license,
$1.00 for each applicant examined for an original chauffeur's license, and
$1.00 for every other applicant examined, if the application is not denied and
the money refunded is paid to the county or local treasurer and is appropriated
to the county, municipality, or officer or bureau receiving the money for the
purpose of carrying out this act. The state treasurer shall deposit the sum of
$4.00 in
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the traffic law enforcement and safety fund
created in section 819a for each person examined for an original license, a
renewal operator's license, an original chauffeur's license, or a renewal
chauffeur's license, except that the sum deposited for each 2-year operator's
or 2-year chauffeur's license shall be $2.00.
(4)
(3) Notwithstanding
sections 306 and 308, an operator's license shall
must not be issued to a person an
individual under 18 years of age unless that person individual
successfully passes a driver education course and examination
given by a school licensed under the driver education and
training schools act, 1974 PA 369, MCL 256.601 to 256.612. A person driver education provider that has been certified to provide teen
driver training under the driver education provider and instructor act, 2006 PA
384, MCL 256.621 to 256.705. An individual who has been a holder
of a motor vehicle operator's license issued by any other state, territory, or
possession of the United States, or any other sovereignty for 1 year
immediately before application for an operator's license under this act is not
required to comply with this subsection. Restricted licenses may be issued pursuant to under section 312 without compliance with this
subsection. As used in this subsection, "driver
education course", "driver education provider", and "teen
driver training" mean those terms as defined in the driver education
provider and instructor act, 2006 PA 384, MCL 256.621 to 256.705.
(5)
(4) A person who is
on active military service at the time his or her operator's license expires
shall be charged the renewal rate for renewing his or her operator's license
under this section if all of the following apply:
(a) He or she applies for renewal within 30 days of returning
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to this state from active duty.
(b) He or she held a valid, unexpired operator's license from
this state immediately prior to leaving this state for active military service.
(c) He or she presents such documentation as the secretary of state requires to establish eligibility under this subsection.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 1112 of the 100th Legislature is enacted into law.