SENATE BILL No. 279

 

 

April 23, 2019, Introduced by Senators HERTEL and BARRETT 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), as amended by 2018 PA 606.

 

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. An individual'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) For any other purpose as determined by the secretary of

 

state, if an individual provides his or her written authorization

 

for the release of his or her own facial image or signature.

 

     (f) As otherwise required by law.

 

     (3) Except as otherwise provided under subsection (2), the

 

secretary of state shall not disclose an individual'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 must not display

 

a person's Social Security number or, if applicable, a

 

communication impediment designation 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 must 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 must 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.

 

     (10) An application for an enhanced driver license or enhanced

 

official state personal identification card must allow the

 

applicant to indicate that the applicant declines to use the

 

application as a voter registration application.

 

     (11) The secretary of state shall, as provided under section

 

310 of the Michigan vehicle code, 1949 PA 300, MCL 257.310, allow

 

an applicant for an enhanced driver license to elect a

 

communication impediment designation and implement the process to

 

allow law enforcement agencies of this state to view a

communication impediment designation that the holder of an enhanced

 

driver license has voluntarily provided to the secretary of state.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. 278

 

of the 100th Legislature is enacted into law.