| 1 | 1 | | SENATE BILL NO. 894 A bill to regulate relying parties; and to provide for the powers and duties of certain state and local governmental officers and entities. the people of the state of michigan enact: Sec. 1. This act may be cited as the "relying parties on mobile licenses act". Sec. 3. As used in this act: (a) "Data elements" means a distinct component of an individual's information that is found on the records of the department. (b) "Department" means the department of state. (c) "Holder" means an individual that is issued, and presents to a relying party, any of the following: (i) A mobile enhanced driver license or enhanced official state personal identification card. (ii) A mobile official state personal identification card. (iii) A mobile operator's or chauffeur's license. (d) "Mobile enhanced driver license or mobile enhanced official state personal identification card" means a mobile enhanced driver license or mobile enhanced official state personal identification card issued under section 4 of the enhanced driver license and enhanced official state personal identification card act, 2008 PA 23, MCL 28.304. (e) "Mobile official state personal identification card" means a mobile official state personal identification card issued under section 2 of 1972 PA 222, MCL 28.292. (f) "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. (g) "Relying party" means a person that is presented with and chooses to rely on a mobile operator's or chauffeur's license, a mobile official state personal identification card, or a mobile enhanced driver license or mobile enhanced official state personal identification card. (h) "Secretary of state" means the secretary of state of this state, acting directly or through the secretary of state's duly authorized deputy, investigators, agents, and employees. Sec. 5. (1) During a transaction, a relying party shall do all of the following: (a) Request only data elements from a mobile operator's or chauffeur's license, mobile official state personal identification card, or mobile enhanced driver license or enhanced official state personal identification card that are available on the mobile operator's or chauffeur's license, mobile official state personal identification card, or mobile enhanced driver license or enhanced official state personal identification card and necessary to complete the transaction for which the data is being requested. (b) Inform the holder of the use and retention of any requested data elements in the event that the relying party seeks to retain the data elements. (c) Obtain the consent of the holder for the release and, if applicable, the retention of all the data elements requested before the release and retention of any of those data elements. (d) Cryptographically authenticate a mobile operator's or chauffeur's license, mobile official state personal identification card, or mobile enhanced driver license or enhanced official state personal identification card before accepting the mobile operator's or chauffeur's license, mobile official state personal identification card, or mobile enhanced driver license or enhanced official state personal identification card. (e) Adhere to all applicable privacy laws and regulations. Data contained in a mobile operator's or chauffeur's license, mobile official state personal identification card, or mobile enhanced driver license or mobile enhanced official state personal identification card is subject to all applicable privacy laws and regulations. (2) Except as otherwise provided under the Michigan vehicle code, 1949 PA 300, 257.1 to 257.923, 1972 PA 222, MCL 28.291 to 28.300, or the enhanced driver license and enhanced official state personal identification card act, 2008 PA 23, MCL 28.301 to 28.308, a relying party shall not do any of the following: (a) Ask a holder to relinquish possession of the mobile device on which a mobile operator's or chauffeur's license, mobile state personal identification card, or mobile enhanced driver license or mobile enhanced official state personal identification card is provisioned. (b) Ask a holder for consent to search the mobile device on which the mobile operator's or chauffeur's license, mobile personal identification card, or mobile enhanced driver license or mobile enhanced official state personal identification card is provisioned. (c) Require the presentation of a mobile operator's or chauffeur's license, mobile personal identification card, or mobile enhanced driver license or mobile enhanced official state personal identification card for the completion of any transaction. Sec. 7. Presentation or use of a mobile operator's or chauffeur's license, mobile official state personal identification card, or mobile enhanced driver license or enhanced official state personal identification card for identity verification or other permitted purposes does not constitute consent or authorization for a relying party to search, view, or access any other data or application on the mobile device. Enacting section 1. This 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. 460. (c) Senate Bill No. 461. |
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| 25 | 25 | | SENATE BILL NO. 894 |
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| 28 | 28 | | |
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| 29 | 29 | | A bill to regulate relying parties; and to provide for the powers and duties of certain state and local governmental officers and entities. |
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| 30 | 30 | | |
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| 31 | 31 | | the people of the state of michigan enact: |
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| 32 | 32 | | |
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| 33 | 33 | | Sec. 1. This act may be cited as the "relying parties on mobile licenses act". |
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| 34 | 34 | | |
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| 35 | 35 | | Sec. 3. As used in this act: |
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| 36 | 36 | | |
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| 37 | 37 | | (a) "Data elements" means a distinct component of an individual's information that is found on the records of the department. |
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| 38 | 38 | | |
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| 39 | 39 | | (b) "Department" means the department of state. |
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| 40 | 40 | | |
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| 41 | 41 | | (c) "Holder" means an individual that is issued, and presents to a relying party, any of the following: |
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| 42 | 42 | | |
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| 43 | 43 | | (i) A mobile enhanced driver license or enhanced official state personal identification card. |
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| 44 | 44 | | |
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| 45 | 45 | | (ii) A mobile official state personal identification card. |
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| 47 | 47 | | (iii) A mobile operator's or chauffeur's license. |
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| 48 | 48 | | |
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| 49 | 49 | | (d) "Mobile enhanced driver license or mobile enhanced official state personal identification card" means a mobile enhanced driver license or mobile enhanced official state personal identification card issued under section 4 of the enhanced driver license and enhanced official state personal identification card act, 2008 PA 23, MCL 28.304. |
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| 50 | 50 | | |
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| 51 | 51 | | (e) "Mobile official state personal identification card" means a mobile official state personal identification card issued under section 2 of 1972 PA 222, MCL 28.292. |
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| 52 | 52 | | |
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| 53 | 53 | | (f) "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. |
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| 54 | 54 | | |
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| 55 | 55 | | (g) "Relying party" means a person that is presented with and chooses to rely on a mobile operator's or chauffeur's license, a mobile official state personal identification card, or a mobile enhanced driver license or mobile enhanced official state personal identification card. |
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| 56 | 56 | | |
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| 57 | 57 | | (h) "Secretary of state" means the secretary of state of this state, acting directly or through the secretary of state's duly authorized deputy, investigators, agents, and employees. |
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| 58 | 58 | | |
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| 59 | 59 | | Sec. 5. (1) During a transaction, a relying party shall do all of the following: |
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| 60 | 60 | | |
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| 61 | 61 | | (a) Request only data elements from a mobile operator's or chauffeur's license, mobile official state personal identification card, or mobile enhanced driver license or enhanced official state personal identification card that are available on the mobile operator's or chauffeur's license, mobile official state personal identification card, or mobile enhanced driver license or enhanced official state personal identification card and necessary to complete the transaction for which the data is being requested. |
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| 62 | 62 | | |
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| 63 | 63 | | (b) Inform the holder of the use and retention of any requested data elements in the event that the relying party seeks to retain the data elements. |
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| 64 | 64 | | |
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| 65 | 65 | | (c) Obtain the consent of the holder for the release and, if applicable, the retention of all the data elements requested before the release and retention of any of those data elements. |
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| 66 | 66 | | |
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| 67 | 67 | | (d) Cryptographically authenticate a mobile operator's or chauffeur's license, mobile official state personal identification card, or mobile enhanced driver license or enhanced official state personal identification card before accepting the mobile operator's or chauffeur's license, mobile official state personal identification card, or mobile enhanced driver license or enhanced official state personal identification card. |
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| 68 | 68 | | |
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| 69 | 69 | | (e) Adhere to all applicable privacy laws and regulations. Data contained in a mobile operator's or chauffeur's license, mobile official state personal identification card, or mobile enhanced driver license or mobile enhanced official state personal identification card is subject to all applicable privacy laws and regulations. |
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| 70 | 70 | | |
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| 71 | 71 | | (2) Except as otherwise provided under the Michigan vehicle code, 1949 PA 300, 257.1 to 257.923, 1972 PA 222, MCL 28.291 to 28.300, or the enhanced driver license and enhanced official state personal identification card act, 2008 PA 23, MCL 28.301 to 28.308, a relying party shall not do any of the following: |
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| 72 | 72 | | |
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| 73 | 73 | | (a) Ask a holder to relinquish possession of the mobile device on which a mobile operator's or chauffeur's license, mobile state personal identification card, or mobile enhanced driver license or mobile enhanced official state personal identification card is provisioned. |
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| 74 | 74 | | |
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| 75 | 75 | | (b) Ask a holder for consent to search the mobile device on which the mobile operator's or chauffeur's license, mobile personal identification card, or mobile enhanced driver license or mobile enhanced official state personal identification card is provisioned. |
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| 76 | 76 | | |
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| 77 | 77 | | (c) Require the presentation of a mobile operator's or chauffeur's license, mobile personal identification card, or mobile enhanced driver license or mobile enhanced official state personal identification card for the completion of any transaction. |
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| 79 | 79 | | Sec. 7. Presentation or use of a mobile operator's or chauffeur's license, mobile official state personal identification card, or mobile enhanced driver license or enhanced official state personal identification card for identity verification or other permitted purposes does not constitute consent or authorization for a relying party to search, view, or access any other data or application on the mobile device. |
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| 80 | 80 | | |
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| 81 | 81 | | Enacting section 1. This act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law: |
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| 82 | 82 | | |
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| 83 | 83 | | (a) Senate Bill No. 459. |
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| 84 | 84 | | |
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| 85 | 85 | | (b) Senate Bill No. 460. |
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| 86 | 86 | | |
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| 87 | 87 | | (c) Senate Bill No. 461. |
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