Substitute For

SENATE BILL NO. 460

"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.

(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(27) 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) "Resident" means every person who resides in this state and establishes that the person is legally present in the United States. This definition applies to the provisions of this act only.

(k) "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.

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. 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.

(5) (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.

(6) (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.

(7) (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.

(8) (7) Beginning June 27, 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 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.

(9) (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.

(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 310a of the Michigan vehicle code, 1949 PA 300, MCL 257.310a.

(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 102nd Legislature are enacted into law:

(a) Senate Bill No. 459.

(b) Senate Bill No. 461.