SB-0956, As Passed Senate, May 15, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 956

 

 

 

 

 

 

 

 

 

     A bill to amend 2008 PA 23, entitled

 

"Enhanced driver license and enhanced official state personal

identification card act,"

 

by amending section 4 (MCL 28.304), as amended by 2018 PA 47.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4. (1) The secretary of state may issue an enhanced

 

driver's license or enhanced official state personal identification

 

card to an applicant who provides satisfactory proof of his or her

 

full legal name, United States citizenship, identity, date of

 

birth, social security Social Security number, residence address,

 

proof of enrollment in the address confidentiality program under

 

the address confidentiality program act, if applicable, and a

 

photographic identity document. An applicant may choose to apply

 

for a standard driver license or standard official state personal

 

identification card or an enhanced driver license or enhanced state

personal identification card.

 

     (2) An enhanced driver license or enhanced official state

 

personal identification card shall include reasonable security

 

measures to protect against unauthorized disclosure of personal

 

information regarding residents of this state that is contained in

 

the enhanced driver license or enhanced official state personal

 

identification card.

 

     (3) An enhanced driver license or enhanced official state

 

personal identification card may include radio frequency

 

identification technology that is limited to a randomly assigned

 

number, which shall be encrypted if agreed to by the Department of

 

Homeland Security, and does not include biometric data. The

 

secretary of state shall ensure that the radio frequency

 

identification technology is secure from unauthorized data access

 

and includes reasonable security measures to protect against

 

unauthorized disclosure of personal information. An applicant must

 

sign a declaration acknowledging his or her understanding of the

 

radio frequency identification technology before he or she is

 

issued an enhanced driver license or enhanced official state

 

personal identification card.

 

     (4) The requirements of this act are in addition to the

 

requirements otherwise imposed on individuals who apply for a

 

standard driver license or standard official state personal

 

identification card.

 

     (5) The holder of an enhanced driver license issued under this

 

act is subject to every licensing sanction provided under the

 

Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923. As used

in this subsection, "licensing sanction" means the restriction,

 

suspension, revocation, or denial of a driver license; the addition

 

of points to a driving record; until October 1, 2018, the

 

assessment of a driver responsibility fee; the assessment of a

 

civil fine or criminal penalty resulting from a conviction; a civil

 

infraction determination; the imposition of probationary terms and

 

conditions; or any other penalty provided under the Michigan

 

vehicle code, 1949 PA 300, MCL 257.1 to 257.923.

 

     (6) Beginning on February 16, 2021, upon receipt of a notice

 

from the department of the attorney general that an individual who

 

has been issued an enhanced driver license or enhanced official

 

state personal identification card under this act has been

 

certified as a participant in the address confidentiality program,

 

the secretary of state shall issue a corrected enhanced driver

 

license or enhanced official state personal identification card to

 

that individual by mailing the license or card to his or her

 

designated address. The enhanced driver license or enhanced

 

official state personal identification card shall display the

 

individual's designated address and shall not display the

 

individual's residence address. The requirements of this subsection

 

are in addition to the requirements for individuals who are issued

 

a corrected standard driver license under section 310f of the

 

Michigan vehicle code, 1949 PA 300, MCL 257.310f, or a corrected

 

official state personal identification card under section 2a of

 

1972 PA 222, MCL 28.292a. As used in this subsection:

 

     (a) "Address confidentiality program" means a program as that

 

term is defined in the address confidentiality program act.

     (b) "Designated address" means that term as defined in the

 

address confidentiality program act.

 

     Enacting section 1. This amendatory act takes effect 180 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. 655 of the 99th Legislature is enacted into

 

law.