SECURE IDENTITY VERIFICATION DEVICE

Senate Bill 543 (S-1) as passed by the Senate

Sponsor:  Sen. Curtis S. VanderWall

House Committee:  Regulatory Reform

Senate Committee:  Regulatory Reform

Complete to 1-14-20

SUMMARY:

Senate Bill 543 would amend the Michigan Liquor Control Code to expand the definition of diligent inquiry in determining the age of a person seeking to obtain alcohol.

The code provides that a person who knowingly sells or furnishes alcoholic liquor to a minor (an individual who is under 21 years of age), or who fails to make diligent inquiry as to whether the individual is a minor, is guilty of a misdemeanor (with additional penalties in certain circumstances).

Currently, diligent inquiry means a diligent good faith effort to determine the age of an individual, which includes an examination of the relevant picture identification card.

The bill would add that, if all of the following conditions were met, the effort to determine the age of an individual could instead include the use of a secure identity verification device:

·         The electronic scan of a biometric of the individual is referenced against any form of qualifying picture ID.

·         The authenticity of the picture ID was previously verified by an electronic authentication process.

·         The identity of the individual was previously verified through a commercially available knowledge-based electronic authentication process.

·         The authenticated picture ID was securely linked to biometrics collected from the individual at the same time.

Secure identity verification device would mean a commercial device that instantly verifies the identity and age of the person by an electronic scan of a biometric of the person.

            MCL 436.1701

FISCAL IMPACT:

Senate Bill 543 would not have a fiscal impact on any unit of state or local government.

                                                                                         Legislative Analyst:   Jenny McInerney

                                                                                                 Fiscal Analyst:   Marcus Coffin

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.