SB 618

SENATE BILL NO. 618
A bill to amend 2008 PA 23, entitled
"Enhanced driver license and enhanced official
state personal identification card act,"
by amending sections 2 and 4 (MCL 28.302 and 28.304),
section 4 as amended by 2024 PA 114.
the people of the state of michigan enact:
Sec. 2. As used in this act:
(a) "Enhanced
driver license" means an operator's or chauffeur's license issued under this act to an individual under this act who is a
United States citizen and who resides in this state for the following
purposes:
(i) Use in entering the United States at
land and sea ports.
(ii) Use in the same manner as a standard driver physical operator's
or chauffeur's license.
(b) "Enhanced
official state personal identification card" means an official state
personal identification card issued under this act to an individual who is a
United States citizen and who resides in this
state for the following purposes:
(i) Use in entering the United States at
land and sea ports.
(ii) Use in the same manner as a standard physical official
state personal identification card.
(c) "Local
government agency" means a county, city, village, or township in this
state.
(d) "Resident" means every person who resides in
this state and establishes that he or she is legally present in the United
States. This definition applies to the provisions of this act only.
(e) "Resident address" means the place that is a
person's legal residence as that term is defined in section 11 of the Michigan
election law, 1954 PA 116, MCL 168.11.
(f) "Standard driver license" means an operator's
license or chauffeur's license issued under the Michigan vehicle code, 1949 PA
300, MCL 257.1 to 257.923.
(d) "Mobile enhanced driver license" means a mobile operator's
or chauffeur's license issued under this act to an individual who is a United
States citizen and who resides in this state for the following purposes:
(i) Use in entering the United States at
land and sea ports.
(ii) Use in the same manner as a mobile
operator's or chauffeur's license.
(e) "Mobile enhanced official state personal identification
card" means a mobile official state personal identification card issued
under this act to an individual who is a United States citizen and who resides
in this state for the following purposes:
(i) Use in entering the United States at
land and sea ports.
(ii) Use in the same manner as a mobile
official state personal identification card.
(f) "Mobile official state personal identification card" means
a mobile official state personal identification card issued under section 2 of
1972 PA 222, MCL 28.292.
(g) "Mobile operator's or chauffeur's license" means a mobile
operator's or chauffeur's license issued under section 310a of the Michigan
vehicle code, 1949 PA 300, MCL 257.310a.
(h) (g) "Standard official state personal identification
card" "Physical official state personal identification
card" means an
official state personal identification card issued under 1972 PA 222, MCL
28.291 to 28.300.
(i) "Physical operator's or chauffeur's license" means an
operator's or chauffeur's license issued under the Michigan vehicle code, 1949
PA 300, MCL 257.1 to 257.923.
(j) "Residence address" means the place that is an
individual's residence as that term is defined in section 11 of the Michigan
election law, 1954 PA 116, MCL 168.11.
(k) "Resident" means an individual who resides in this state
and establishes that the individual is legally present in the United States. This definition applies to the provisions of this act
only.
Sec. 4. (1) The secretary of state may issue an enhanced
driver license or enhanced official state personal identification card to an
applicant who provides satisfactory proof of the applicant's full legal name,
United States citizenship, identity, date of birth, Social Security number,
residence address, and a photographic identity document. Beginning June 27,
2021, if the applicant is a program participant in the address confidentiality
program under the address confidentiality program act, 2020 PA 301, MCL 780.851
to 780.873, the applicant shall present to the secretary of state the
applicant's participation card issued under the address confidentiality program
act, 2020 PA 301, MCL 780.851 to 780.873. An applicant may choose to apply for
a standard driver physical
operator's or chauffeur's license or standard
physical official state personal
identification card or an enhanced driver license or enhanced official state
personal identification card.
(2) An enhanced
driver license or enhanced official state personal identification card must
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 that must be encrypted if agreed to by the United States
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 the applicant's
understanding of the radio frequency identification technology before the
applicant is issued an enhanced driver license or enhanced official state personal
identification card.
(4) After the secretary of state develops or enters into a contract to
develop the mobile license system under section 310a of the Michigan vehicle
code, 1949 PA 300, MCL 257.310a, on request of an individual issued an enhanced
driver license or enhanced official state personal identification card under
subsection (1), the secretary of state may issue a mobile enhanced driver
license or mobile enhanced official state personal identification card to the
individual. The secretary of state shall ensure that any data elements in the
mobile enhanced driver license or mobile enhanced official state personal
identification card match the data elements contained in the records of the
department of state. The secretary of state shall not issue or renew a mobile
enhanced driver license or mobile enhanced official state personal
identification card to an individual who does not hold a valid physical
enhanced driver license or physical enhanced official state personal
identification card. The secretary of state may provision an individual's
mobile enhanced driver license or mobile enhanced official state personal
identification card to multiple electronic devices through the mobile license
system developed under section 310a of the Michigan vehicle code, 1949 PA 300,
MCL 257.310a. The secretary of state shall regularly update an individual's
information contained in a mobile enhanced driver license or mobile enhanced
official state personal identification card and set the validity period of a
mobile enhanced driver license or mobile enhanced official state personal
identification card. The fee for an original or renewal mobile enhanced driver
license or mobile enhanced official state personal identification card must not
be more than $4.00. The secretary of state shall deposit the money collected
under this subsection in the mobile license fund created under section 811c(2)
of the Michigan vehicle code, 1949 PA 300, MCL 257.811c.
(4) An enhanced driver license or enhanced official state
personal identification card that expires on or after March 1, 2020 is
considered valid until March 31, 2021. An enhanced driver license or enhanced
official state personal identification card that expires after March 31, 2021
but before August 1, 2021 is valid until 120 days after the date of the
expiration.
(5) The
requirements of this act are in addition to the requirements otherwise imposed
on individuals who apply for a standard driver physical operator's or chauffeur's license or standard physical official
state personal identification card, mobile operator's
or chauffeur's license, or mobile official state personal identification card.
(6) The holder of
an enhanced driver license or mobile 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; 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. A requirement under this act to surrender, destroy, or
confiscate a license does not apply to the electronic device on which a mobile
enhanced driver license is provisioned. Notwithstanding this subsection and on
request of a police officer or relying party, an individual may transmit the
individual's mobile enhanced driver license or mobile enhanced official state
personal identification card from the electronic device on which the mobile
enhanced driver license or mobile enhanced official state personal
identification card is provisioned.
(7) Beginning June
27, 2021, upon on 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 program 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 the
individual's designated address. Beginning June 27, 2021, an enhanced driver
license or enhanced official state personal identification card issued under
this subsection or subsection (1) to a program participant must display the
individual's designated address and must 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 physical
operator's or chauffeur's 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.
(8) If an individual presents evidence of statutory blindness as
provided in 1978 PA 260, MCL 393.351 to 393.368, and is issued or is the holder
of an enhanced official state personal identification card, the secretary of
state shall mark the individual's enhanced official state personal
identification card in a manner that clearly indicates that the cardholder is
legally blind. A mobile enhanced official state personal identification card
issued under this section may contain a text-based indicator, code, or other
indicator approved by the secretary of state to indicate that the holder of the
enhanced official state personal identification card is legally blind.
(9) A mobile enhanced driver license or mobile enhanced official state
personal identification card issued under this section may contain a text-based
indicator, code, or other indicator approved by the secretary of state to
indicate that the holder of a mobile enhanced driver license or an enhanced
official state personal identification card is deaf.
(10) A mobile enhanced driver license or mobile enhanced official state
personal identification card issued under this section may contain a heart
insignia, code, text-based indicator, or other indicator approved by the
secretary of state to indicate that the holder of a mobile enhanced driver
license or mobile enhanced official state personal identification card wishes
to participate in the anatomical gift donor registry under part 101 of the
public health code, 1978 PA 368, MCL 333.10101 to 333.10123.
(11) (8) As
used in this section:
(a) "Address
confidentiality program" means a program as that term is defined in
section 3 of the address confidentiality program act, 2020 PA 301, MCL 780.853.
(b) "Data elements" means a distinct component of an
individual's information that is found on the records of the department of
state.
(c) (b) "Designated
address" means that term as defined in section 3 of the address
confidentiality program act, 2020 PA 301, MCL 780.853.
(d) (c) "Program
participant" means that term as defined in section 3 of the address
confidentiality program act, 2020 PA 301, MCL 780.853.
(e) "Provision" means that term as defined in section 310a of
the Michigan vehicle code, 1949 PA 300, MCL 257.310a.
(f) "Relying party" means that term as defined in section 3 of
the relying parties on mobile licenses act.
(g) "Validity period" means that term as defined in section
310a of the Michigan vehicle code, 1949 PA 300, MCL 257.310a.
Enacting section 1. This amendatory act does not take
effect unless all of the following bills of the 103rd Legislature are enacted
into law:
(a) Senate
Bill No. ____ (request no. S04150'25) or House Bill No. ____ (request no. H04150'25).
(b) Senate
Bill No. ____ (request no. S04152'25) or House Bill No. ____ (request no. H04152'25).
(c) Senate
Bill No. 620.