November 8, 2012, Introduced by Rep. Opsommer and referred to the Committee on Transportation.
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).
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 number, residence address, 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 shall
be required to 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; 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) A person shall not do either of the following:
(a) Intentionally obtain or attempt to obtain encrypted data
from an enhanced driver license or enhanced official state personal
identification card, or read or otherwise access that data without
the knowledge and consent of the licensee or card holder.
(b) Sell or otherwise distribute or attempt to sell or
otherwise distribute data he or she knows was obtained in violation
of subdivision (a).
(c) Possess or attempt to possess data he or she knows was
obtained in violation of subdivision (a).
(7) A person who violates subsection (6) is guilty of a felony
punishable by imprisonment for not more than 4 years or a fine of
not more than $5,000.00, or both.