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HB 5301

Traffic control: driver license; application requirements for an operator's or chauffeur's license; modify. Amends secs. 307 & 812 of 1949 PA 300 (MCL 257.307 & 257.812).

2023-2024 Regular Session Introduced by Felicia Brabec and 4 co-sponsors

Michigan HB 5301 allows sex designation (M/F/X) on operator's licenses without extra documentation, simplifying updates for transgender/nonbinary residents.

REFERRED TO COMMITTEE ON GOVERNMENT OPERATIONS
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Bill Summary · HB 5301

HB 5301 — Michigan Vehicle Code amendments (MCL 257.307 & 257.812)

Short title: Changes to application and issuance requirements for operator’s and chauffeur’s (non‑commercial) driver licenses.

Purpose / Intent

The bill updates the driver license application and issuance provisions in the Michigan Vehicle Code to (1) allow applicants to select a sex designation on their license without additional documentation or medical certification, (2) clarify identification and verification requirements (including acceptance of certain Department of Corrections ID cards), and (3) retain/clarify other applicant verification and administrative provisions (e.g., legal presence verification, limited fingerprinting requirements). The stated intent is to simplify and modernize identification and sex‑designation processes on state-issued driver licenses.

Key provisions (major changes)

  • Sex designation:
    • Applicants may indicate a sex designation on the operator’s or chauffeur’s license application with no additional documentation or certification required. The text contemplates use of designations such as “M”, “F”, or “X” (earlier committee analyses reference these explicitly).
    • The bill also permits reissuance of licenses without renewal charge to update a sex designation (reflected in related committee analyses).
  • Identification and verification:
    • Requires applicants (citizens) to present a photographic identity document, birth certificate, or other documents the Secretary of State requires to verify identity and citizenship; noncitizen applicants must present documents proving legal presence.
    • Secretary of State may require documents to show full legal name, DOB, residence/address, and residency.
    • The Secretary must verify legal presence for noncitizens and may adopt rules for administration. License terms for noncitizens cannot exceed duration of legal presence.
    • The Secretary must include a voter‑registration notice advising applicants that the residence address on the application will be used for voter registration (per Michigan election law).
  • Acceptance of certain DOC ID:
    • The Secretary must accept as one valid ID a Department of Corrections identification card issued to parolees or persons released from correctional facilities (per MCL 791.237 reference).
  • Fingerprinting and endorsements:
    • Applicants seeking certain endorsements (e.g., hazardous materials indorsement) or vehicle group designations must provide fingerprints as prescribed by state and federal law.
  • Address confidentiality:
    • Applicants participating in the Address Confidentiality Program must present their program participation card.
  • Administrative/technical:
    • Digital image and signature capture for license issuance; Secretary to acquire equipment under standard purchasing procedures and subject to legislative appropriation.
  • Federal Real ID:
    • Statute language clarifies the act does not obligate the state to comply with Real ID Title II.

Who is affected

  • All applicants for Michigan operator’s or chauffeur’s (noncommercial) licenses, including:
    • Transgender or nonbinary individuals wishing to select/update a gender marker.
    • Noncitizen applicants (must still demonstrate legal presence).
    • Parolees/recently released individuals (may use DOC ID as acceptable identification).
    • License applicants seeking HAZMAT or certain endorsements (fingerprint requirements).
  • Secretary of State (administration, rulemaking, equipment acquisition).
  • County clerks/boards insofar as voter registration address changes are automatic per the notice.

Procedural / timeline information

  • Statutes amended: MCL 257.307 and 257.812.
  • Introduced: November 3, 2023 (Rep. Emily Dievendorf).
  • Committee referral: Judiciary; substitute versions H‑1 and H‑2 were considered.
  • House action: Substitute language adopted; passed the House on December 13, 2024 (record shows unanimous or strong support in roll call).
  • Next steps: Transmission to the Senate for consideration (per standard legislative process). Check the legislative docket for final enactment status and effective date if/when the Senate acts and the bill is signed.

Notable considerations / potential impacts

  • Accessibility: Removing documentation requirements for sex designation lowers administrative barriers for transgender and nonbinary people seeking to align state ID with gender identity.
  • Privacy & security: The automatic use of the residence address for voter registration and the acceptance of DOC IDs raise operational and privacy considerations; address confidentiality program participants are explicitly accommodated.
  • Federal compliance: The bill preserves state discretion regarding Real ID participation.
  • Implementation costs: Equipment purchases for image capture require legislative appropriation before acquisition.

For the latest status (Senate action, enacted law, or effective date), consult the Michigan Legislature website or the Secretary of State’s office.

Compiled from official sources — confirm details with the bill’s official record.

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