December 6, 2007, Introduced by Senators GILBERT, SANBORN, PATTERSON, JELINEK, CASSIS, CROPSEY, RICHARDVILLE, STAMAS, BIRKHOLZ, BROWN, ALLEN, KAHN, PAPPAGEORGE and CLARKE and referred to the Committee on Transportation.
A bill to authorize the secretary of state to issue enhanced
driver licenses and state personal identification cards to United
States citizens who reside in Michigan to facilitate travel between
the United States and Canada; to establish certain funds and
prescribe duties for certain officials; and to prohibit certain
conduct and prescribe penalties.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"enhanced driver license and enhanced official state personal
identification card act".
Sec. 2. As used in this act:
(a) "Enhanced driver license" means an operator's or
chauffeur's license issued to an individual under this act 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 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 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 official state
personal identification card.
(c) "Local government agency" means a county, city, village,
or township in this state.
(d) "Resident" or "reside" means every person who resides in a
settled or permanent home or domicile with the intent to remain in
this state. A person who obtains employment in this state is
presumed to have the intent to remain in this state.
(e) "Resident address" means the place that is the settled or
permanent home or domicile where a person resides as 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.
(g) "Standard official state personal identification card"
means an official state personal identification card issued under
1972 PA 222, MCL 28.291 to 28.300.
Sec. 3. (1) The secretary of state may enter into a memorandum
of understanding with any federal agency for the purpose of
obtaining approval of an enhanced driver license or enhanced
official state personal identification card as proof of identity
and citizenship for persons entering the United States at land and
sea ports.
(2) In conjunction with a federal agency, the secretary of
state may enter into an agreement with the United Mexican States
and Dominion of Canada or a Canadian province for the purpose of
implementing a border-crossing initiative.
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
legal name, United States citizenship, identity, date of birth,
social security number, and residence address. 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 facilitative technology.
The secretary of state shall ensure that the facilitative
technology is secure from unauthorized data access. An applicant
shall be required to sign a declaration acknowledging his or her
understanding of the facilitative 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; 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.
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.
(d) The fee provided 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.
(b) By another state to the extent required by federal law.
(c) By the secretary of state for any program administered by
the secretary of state.
(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.
(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.
(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. 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.
Sec. 6. (1) An application for an original enhanced driver
license or enhanced official state personal identification card
shall be accompanied by payment of a fee of not more than $50.00.
(2) The renewal fee for an enhanced driver license or enhanced
official state personal identification card renewed under this act
shall be not more than $50.00. However, if an enhanced driver
license or enhanced official state personal identification card is
expired at the time of renewal, the fee shall be the same as the
fee provided under subsection (1).
(3) Money from fees collected under subsections (1) and (2)
shall be deposited into the enhanced driver license and enhanced
official state personal identification card fund created in section
7 after distribution as follows:
(a) The secretary of state shall refund to each county or
municipality acting as an examining officer or examining bureau
$2.50 for each applicant examined for an original enhanced driver
license, if the application is not denied and the money refunded is
paid to the county or local treasurer and is appropriated to the
county, municipality, or officer or bureau receiving the money for
the purpose of carrying out this act.
(b) The state treasurer shall deposit the sum of $4.00 to the
traffic law enforcement and safety fund created in section 819a of
the Michigan vehicle code, 1949 PA 300, MCL 257.819a, for each
person examined for an original enhanced driver license.
(c) Except as otherwise provided in subdivision (d), $4.50 of
an original enhanced driver license and $6.00 of a renewal enhanced
driver license shall be appropriated to the transportation economic
development fund established in section 2 of 1987 PA 231, MCL
247.902, and shall not be appropriated for any other purpose in any
act making appropriations of state funds.
(d) Notwithstanding the appropriation under subdivision (c),
$2,500,000.00 shall be deposited in the state treasury and credited
to the general fund, except not more than $1,000,00.00 shall be
credited to the gasoline inspection and testing fund.
(e) The money remaining after distributions are made under
subdivisions (a) through (d) shall remain in the enhanced driver
license and enhanced official state personal identification card
fund.
(4) A fee paid under this section is nonrefundable, except for
administrative error.
Sec. 7. (1) The enhanced driver license and enhanced official
state personal identification card fund is created within the state
treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the fund. The state treasurer shall
direct the investment of the fund.
(3) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(4) The secretary of state shall be the administrator of the
fund for auditing purposes.
(5) The secretary of state shall expend money from the fund,
upon appropriation, to pay the necessary expenses incurred by the
secretary of state in the administration and enforcement of this
act.
Sec. 8. A person who makes a false certification or statement
in applying for an enhanced driver license or enhanced official
state personal identification card is guilty of a felony punishable
by imprisonment for not more than 5 years or a fine of not more
than $5,000.00, or both.
Enacting section 1. This act takes effect January 1, 2008.
Enacting section 2. This act does not take effect unless
Senate Bill No. 966
of the 94th Legislature is enacted into law.