Bill Text: MI HB5250 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Traffic control; driver license; secretary of state sharing photographs taken for enhanced driver license and enhanced state identification card with the state police; allow. Amends sec. 5 of 2008 PA 23 (MCL 28.305).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-12-31 - Assigned Pa 422'16 With Immediate Effect [HB5250 Detail]
Download: Michigan-2015-HB5250-Engrossed.html
HB-5250, As Passed Senate, December 14, 2016
HOUSE BILL No. 5250
January 26, 2016, Introduced by Rep. Canfield and referred to the Committee on Transportation and Infrastructure.
A bill to amend 2008 PA 23, entitled
"Enhanced driver license and enhanced official state personal
identification card act,"
by amending section 5 (MCL 28.305).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) An applicant who chooses to apply for an enhanced
driver license or enhanced official state personal identification
card shall provide all of the following items to the secretary of
state in the manner prescribed by the secretary of state:
(a) A completed application indicating the applicant's full
legal name, any legal name change resulting from the applicant's
adoption, marriage, divorce, or a court order, date of birth,
residence address, height, gender, eye color, social security
number, signature, and, if applicable, the applicant's intention to
be an organ donor as provided under section 307 of the Michigan
vehicle code, 1949 PA 300, MCL 257.307, or section 2 of 1972 PA
222, MCL 28.292.
(b) Documentation demonstrating the applicant's United States
citizenship, full legal name, any legal name change resulting from
the applicant's adoption, marriage, divorce, or a court order, date
of birth, residence address, and social security number.
(c) The applicant's signed certification that the information
presented by the applicant is true and correct to the best of the
applicant's knowledge.
(d) The fee prescribed under section 6.
(2) An applicant who applies for an enhanced driver license or
enhanced official state personal identification card shall have his
or her facial image and signature captured or reproduced by the
secretary of state at the time of application. A person's facial
image or signature may be made available by this state and used as
follows:
(a) By a federal, state, or local government agency for any
law enforcement purpose authorized by law.
(b) By another state to the extent required by federal law.
(c) By the secretary of state for any purpose specifically
authorized by law.
(d) By the secretary of state for forwarding to the department
of state police for use as provided in section 5c of 1927 PA 372,
MCL 28.425c.
(e) (d)
For any other purpose as determined
by the secretary
of state, if a person provides his or her written authorization for
the release of his or her own facial image or signature.
(f) (e)
As otherwise required by law.
(3) Except as otherwise provided under subsection (2), the
secretary of state shall not disclose a person's facial image,
signature, social security number, or copies or digital images of
documents retained under this act.
(4) An enhanced driver license or enhanced official state
personal identification card issued under this act shall not
display a person's social security number on the face of the card.
(5) The secretary of state shall examine and verify the
genuineness, regularity, and legality of every application and
other documentation submitted to the secretary of state for an
enhanced driver license or enhanced official state personal
identification card, and may in all cases investigate as the
secretary of state considers necessary or require additional
information, and shall reject any application if not satisfied of
the genuineness, regularity, and legality of the application or
supporting documentation or the truth of any statement contained in
the application or supporting documentation, or for any other
reason authorized by law. A decision by the secretary of state to
reject an application under this subsection may be appealed under
section 631 of the revised judicature act of 1961, 1961 PA 236, MCL
600.631.
(6) The secretary of state shall retain copies or digital
images of documents provided by the applicant to the secretary of
state under this act.
(7) The facial image of an applicant for a license or card
under this act who was not issued an enhanced driver license or
enhanced official state personal identification card shall be
retained for not less than 1 year, unless fraud is suspected, in
which case a record containing the applicant's facial image and the
reason for denial shall be retained for not less than 10 years.
(8) The secretary of state may disclose digital images of
documents retained under this act to a federal, state, or local
government agency for any law enforcement purpose authorized by
law. Except as otherwise provided in this act, copies or digital
images of documents retained under this act are exempt from
disclosure under the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246.
(9) The secretary of state shall not compile or maintain a
database under this act that may be shared with a country other
than the United States.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
