SB-1241, As Passed House, December 20, 2018
SB-1241, As Passed Senate, December 6, 2018
November 29, 2018, Introduced by Senator KOWALL and referred to the Committee on Elections and Government Reform.
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 2016 PA 422.
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
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 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. A person's 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 a person 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 a person's an individual's
facial
image, signature, social security 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 must not
display
a person's social security 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. 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 shall 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 shall 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.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 1238
of the 99th Legislature is enacted into law.