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.