Current through Public Act 151 of the 2024 Legislative Session
Section 257.204a - [Effective Until 91 days after adjournment of the 2024 Regular Session sine die] Central file of individual driving records; certified copies as evidence; electronic certification; use of computer-generated certified information; persons who may receive information contained in records maintained by secretary of state(1) The secretary of state shall create and maintain a computerized central file that provides an individual historical driving record for a natural person with respect to all of the following:(a) A license issued to the individual under chapter III.(b) A conviction, civil infraction determination, or other licensing action that is entered against the individual for a violation of this act or a local ordinance that substantially corresponds to a provision of this act, or that is reported to the secretary of state by another jurisdiction.(c) A failure of the individual, including a nonresident, to comply with a suspension issued under section 321a.(d) A cancellation, denial, revocation, suspension, or restriction of the individual's operating privilege, a failure to pay a department of state driver responsibility fee, or other licensing action regarding that individual, under this act or that is reported to the secretary of state by another jurisdiction. This subdivision also applies to nonresidents.(e) An accident in which the individual is involved.(f) A conviction of the person for an offense described in former section 319e.(g) Any driving record requested and received by the secretary of state under section 307.(h) Any notice given by the secretary of state and the information provided in that notice under section 317(2) or (3).(i) Any other information received by the secretary of state regarding the individual that is required to be maintained as part of the individual's driving record as provided by law.(2) A secretary of state certified computer-generated or paper copy of an order, record, or paper maintained in the computerized central file of the secretary of state is admissible in evidence in the same manner as the original and is prima facie proof of the contents of and the facts stated in the original.(3) An order, record, or paper generated by the computerized central file of the secretary of state may be certified electronically by the generating computer. The certification must be a certification of the order, record, or paper as it appeared on a specific date.(4) A court or the office of the clerk of a court of this state that is electronically connected by a terminal device to the computerized central file of the secretary of state may receive into and use as evidence in any case the computer-generated certified information obtained by the terminal device from the file. A duly authorized employee of a court of record of this state may order a record for an individual from a secretary of state computer terminal device located in, and under the control of, the court, and certify in writing that the document was produced from the terminal and that the document was not altered in any way.(5) After receiving a request for information contained in records maintained under this section, the secretary of state shall provide the information, in a form prescribed by the secretary of state, to any of the following: (b) The United States Secretary of Transportation.(c) The individual who is the subject of the record.(d) A motor carrier employer or prospective motor carrier employer, but only if the individual who is the subject of the record is first notified of the request as prescribed by the secretary of state.(e) An authorized agent of an individual or entity listed in subdivisions (a) to (d).Amended by 2020, Act 376,s 1, eff. 10/1/2021.Amended by 2016, Act 332,s 3, eff. 12/9/2016.Amended by 2004, Act 362, s 3, eff. 10/4/2004.Add. 1953, Act 215, Eff. 10/2/1953 ;--Am. 1968, Act 278, Imd. Eff. 7/1/1968 ;--Am. 1978, Act 510, Eff. 8/1/1979 ;--Am. 1993, Act 359, Eff. 9/1/1994 ;--Am. 1996, Act 102, Imd. Eff. 3/5/1996 ;--Am. 1998, Act 346, Eff. 10/1/1999 ;--Am. 1999, Act 73, Eff. 10/1/1999.This section is set out more than once due to postponed, multiple, or conflicting amendments.