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#30662 - 08/30/02 07:35 PM CIP & PA 126/127 of 2002
Bartman Offline
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Bartman
Joined: Oct 2000
Posts: 1,191
Springfield
I was just handed some very preliminary information relating to the above-referenced state laws. Apparently, it's against the law to possess a reproduced or duplicated Michigan-issued license. Further, the mere possession of such a document counts as a misdemeanor.

Looks like some additional ammunition for our CIP comment letters.


Edited: I was wrong - looks like possession of 2 or more reproduced licenses is guilty of a felony - 5 yr. max in prison & $10,000 fine, or both. Special.
Last edited by Bart Jonker; 08/30/02 08:07 PM.
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#30663 - 09/03/02 02:59 PM Re: CIP & PA 126/127 of 2002
BBoyd Offline
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BBoyd
Joined: Mar 2002
Posts: 2,494
MI
Are you saying "reproduced or duplicated" as in "photocopied" - or as in "I reproduced or duplicated one using a laminating machine"? And from whence did this info come?
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#30664 - 09/03/02 03:32 PM Re: CIP & PA 126/127 of 2002
Bartman Offline
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Bartman
Joined: Oct 2000
Posts: 1,191
Springfield
The information I received looks like a draft of the CEO update paragraphs that MBA periodically publishes on their website. Headline was "Do You Copy Drivers Licenses?"

A search on PA 126 of 2002 through the state law lookup service takes you to the Mich. Vehicle Code - act 300 of 1949. Section 257.310 of that Code is amended by PA 126.

Paragraph 9 of that excerpt reads, in part: "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..."

MBA is leaving it to us to interpret it as we see fit. They further state that "the Secretary of State does not intend to go after legitimate businesses who possess copies, but your compliance people might want to look at your practices..."

Does the PATRIOT Act contain preemptions of conflicting (or apparently conflicting) state laws? I haven't done that research yet.
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#30665 - 09/03/02 05:57 PM Re: CIP & PA 126/127 of 2002
BBoyd Offline
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BBoyd
Joined: Mar 2002
Posts: 2,494
MI
I haven't had a chance to look at that in detail either, but I did just pose the photocopying question to the MI Sec'y of State's office (I have a contact there) - I'll let you know what their opinion is, but I have a feeling it would be superceded by the Reg.
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#30666 - 09/03/02 08:51 PM Re: CIP & PA 126/127 of 2002
BBoyd Offline
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BBoyd
Joined: Mar 2002
Posts: 2,494
MI
Received a response from the SOS - to paraphrase: Section 310 of the Vehicle Code was amended to make the possession of a "reproduced" driver's license a crime. The question is whether or not a photocopy is considered a "reproduction" under the section, and whether or not using such "reproduction" for legitimate business purposes is allowed. That section will probably need to be amended again to clarify that issue.

Goes back to your question of whether or not Federal law will prevail. Guess time will tell.
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#30667 - 09/25/02 03:45 PM Re: CIP & PA 126/127 of 2002
Bartman Offline
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Bartman
Joined: Oct 2000
Posts: 1,191
Springfield
I had occasion to speak with Blair Rugh from Kirchman Regulatory Services yesterday, and I asked him about this issue. In his opinion, USA PATRIOT requirements will supercede the state law.

I'm not recommending any particular course of action here - anyone reading this from Michigan should evaluate the state law in conjunction with the CIP final rules (when they come out), and make a decision about how to handle ID verification. It wouldn't hurt to ask more questions, and involve counsel if you feel it's appropriate.
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Opinions are Bartman's, not those of my employer. "A noble spirit embiggens the smallest man."

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#30668 - 10/28/02 08:04 PM Re: CIP & PA 126/127 of 2002
Bartman Offline
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Bartman
Joined: Oct 2000
Posts: 1,191
Springfield
From the 10-17-02 MBA 'CEO Update', available on the MBA's website:

"...the Michigan legislature is expected to adopt legislation in mid-November amending state law to allow the copying of driver's licenses for the legitimate business purpose of identifying customers".
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#30669 - 10/28/02 08:35 PM Re: CIP & PA 126/127 of 2002
NMB Offline
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Joined: Jun 2002
Posts: 255
Southeast Michigan
Thanks for the update.
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#30670 - 12/27/02 08:21 PM Re: CIP & PA 126/127 of 2002
Anonymous
Unregistered

Michigan HB 5364 has passed the House and Senate and will go to Engler next week. A new section (16) to the Motor Vehicle Code (MCL257.310) will allow copying of a MI Driver's License for a "legitimate business purpose". It is my understanding that the effective date is 1/1/03.

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#30671 - 01/02/03 02:48 PM Re: CIP & PA 126/127 of 2002
Bartman Offline
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Bartman
Joined: Oct 2000
Posts: 1,191
Springfield
Just to close the loop - HB 5364 was signed by Gov. Engler on 12-30-02. It's now PA 652 of 2002, and we can photocopy a driver's license for legitimate business purposes (i.e. customer identification).
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Opinions are Bartman's, not those of my employer. "A noble spirit embiggens the smallest man."

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