HB 4204 MSP access to driver license photo of CPL holder

[Tallbear]

HB 4204 of 2017 (http://www.legislature.mi.gov/mileg.aspx?page=getobject&objectname=2017-HB-4204)
Traffic control; driver license; access to driver license photograph of concealed weapons license holders; allow by department of state police. Amends sec. 307 of 1949 PA 300 (MCL 257.307).
Last Action: 2/15/2017 bill electronically reproduced 02/14/2017

[Leader]

I see no problem with this.

[mikeb32]

I don't see anything detrimental in this bill.

[PhotoTom]

This is identical to HB 4653 of 2015.
http://www.migunowners.org/forum/showthread.php?329866

I wonder why it died last time around?

[Roundballer]

Gotta, sorta, kinda, haveta pass this one sooner or later.

This is an exact repeat of 2015-HB-4653 (http://legislature.mi.gov/doc.aspx?2015-HB-4653) that died in at the end of the last session. It got through the House and the Senate committees, then died without a vote on the Senate floor.

They passed law directing the use of the DL photo on CPLs, they need to pass this to make it legal for the SoS to share with the MSP.

[PhotoTom]

This is an exact repeat of 2015-HB-4653 (http://legislature.mi.gov/doc.aspx?2015-HB-4653) that died in at the end of the last session. It got through the House and the Senate committees, then died without a vote on the Senate floor.


Oh yeah…you're right! ;)

[Tallbear]

I don't see anything detrimental in this bill.

Why is it needed ?

[Roundballer]

Why is it needed ?

It is needed so that one branch of government has the necessary release to provide information to another branch of government as directed in law.

MCL 28-425c (http://legislature.mi.gov/doc.aspx?mcl-28-425c) says (in part):


(4) The secretary of state shall make a digitized photograph taken of the applicant for a driver license or personal identification card available to the department for use under this act. The department shall provide the photograph of the applicant received from the secretary of state to the county clerk who shall use the photograph on the individual's license unless the applicant does not have a digitized photograph on file with the secretary of state.

And the law that they are amending has a couple lines:

"(17) The secretary of state shall do all of the following:


(a) Ensure the physical security of locations where operator's licenses and chauffeur's licenses are produced and the security of document materials and papers from which operator's licenses and chauffeur's licenses are produced."

"A person's digital photographic image and signature shall be used as follows:"

With a list of specific acceptable uses. They are just adding that transmitting the data to the MSP for this purpose is an acceptable use.

[Tallbear]

It is needed so that one branch of government has the necessary release to provide information to another branch of government as directed in law.

MCL 28-425c (http://legislature.mi.gov/doc.aspx?mcl-28-425c) says (in part):



And the law that they are amending has a couple lines:

"(17) The secretary of state shall do all of the following:


(a) Ensure the physical security of locations where operator's licenses and chauffeur's licenses are produced and the security of document materials and papers from which operator's licenses and chauffeur's licenses are produced."

"A person's digital photographic image and signature shall be used as follows:"

With a list of specific acceptable uses. They are just adding that transmitting the data to the MSP for this purpose is an acceptable use.
So, you're saying the SOS can use the MSP as a place to store the photo's and signature's used on on our driver license that then can be used on our CPL ?

And why does the SOS need the MSP to store that information?

[PhotoTom]

Why is it needed ?

While "(d)" (set to become "(e)" in this bill) is a catch-all that allows for CPL use, it is good to have an enumerated list of specific/known uses vs having several uses fall under the non-descript catch-all provision.

I guess what I'm saying is, it is nice to know how this information is being disclosed and for what reason(s).

Otherwise, it isn't needed at all since "(d)" already allows for use of the photograph/signature by the MSP for CPLs.

[mikeb32]

Why can't this stuff be written in normal languaneze!!

[PhotoTom]

Why can't this stuff be written in normal languaneze!!

So says the engineer? :laugh:

[mikeb32]

So says the engineer? :laugh:

Touche!

[Roundballer]

So, you're saying the SOS can use the MSP as a place to store the photo's and signature's used on on our driver license that then can be used on our CPL ?
That is not what I am pointing out at all!
The SoS is responsible for the security of the materials and papers from which operator's licenses and chauffeur's licenses are produced. That includes the digital images. Under the current law MCL 257-307 (http://legislature.mi.gov/doc.aspx?mcl-257-307-amended) the SOS is not specifically authorized to release the "materials and papers" for the purpose of the MSP providing it to the County Clerks for printing the CPL. There is a "nebulous" line about "laws of the State", but nothing about for use on a CPL.


And why does the SOS need the MSP to store that information?
The SoS does not need the MSP to "store" the information, but the SoS needs authorization to release the information to be used in this application.

[Tallbear]

This doesn't authorize them to release the "materials and papers" for the purpose of the MSP providing it to the County Clerks for printing the CPL?


28.425c(4) The secretary of state shall make a digitized photograph taken of the applicant for a driver license or personal identification card available to the department for use under this act. The department shall provide the photograph of the applicant received from the secretary of state to the county clerk who shall use the photograph on the individual's license unless the applicant does not have a digitized photograph on file with the secretary of state. If an applicant does not have a digitized photograph on file with the secretary of state, the applicant shall provide a passport-quality photograph of the applicant as provided under section 5b(1).

[Roundballer]

Without it saying in 28.425c(4) that it is a specific exemption from requirement of 257.307, I would balk at complying too.

The other option (what they are doing) is add the exemption to the section that outlaws it.

[Tallbear]

Judiciary, Rep. Jim Runestad, Chair

DATE: Tuesday, February 28, 2017

TIME: 12:00 PM

PLACE: Room 326, House Office Building, Lansing, MI

AGENDA:
HB 4203 (Rep. LaFave) State; identification cards; secretary of state sharing of photographs taken for official state personal identification card with the department of state police; allow.

HB 4204 (Rep. Cole) Traffic control; driver license; access to driver license photograph of concealed weapons license holders; allow by department of state police.

SB 38 (Sen. Jones) Law enforcement; records; procedure for fingerprinting and photographing of individual with special health care needs taken and submitted to the automated fingerprint identification system (AFIS) and the statewide network of agency photos upon request of parent or guardian; allow and establish.

HB 4137 (Rep. Frederick) Law enforcement; records; fingerprinting and photographing of child or youth with special health care needs taken and submitted to the automated fingerprint identification system (AFIS) and the statewide network of agency photos upon request of parent or guardian; allow.

SB 39 (Sen. Jones) Probate; other; exceptions to definition of surviving spouse in relation to a funeral representative; revise.

[Tallbear]

HB 4204 of 2017
Traffic control; driver license; access to driver license photograph of concealed weapons license holders; allow by department of state police. Amends sec. 307 of 1949 PA 300 (MCL 257.307).
Last Action: 2/27/2017 Analysis File Added

[Tallbear]

Judiciary, Rep. Jim Runestad, Chair

DATE: Tuesday, March 7, 2017

TIME: 12:00 PM

PLACE: Room 326, House Office Building, Lansing, MI

AGENDA:
HB 4131 (Rep. Runestad) Retirement; other; forfeiture of employer contributions to a defined contribution plan if public employee is convicted of certain felonies; provide for.

HB 4137 (Rep. Frederick) Law enforcement; records; fingerprinting and photographing of child or youth with special health care needs taken and submitted to the automated fingerprint identification system (AFIS) and the statewide network of agency photos upon request of parent or guardian; allow.

SB 38 (Sen. Jones) Law enforcement; records; procedure for fingerprinting and photographing of individual with special health care needs taken and submitted to the automated fingerprint identification system (AFIS) and the statewide network of agency photos upon request of parent or guardian; allow and establish.

HB 4203 (Rep. LaFave) State; identification cards; secretary of state sharing of photographs taken for official state personal identification card with the department of state police; allow.

HB 4204 (Rep. Cole) Traffic control; driver license; access to driver license photograph of concealed weapons license holders; allow by department of state police.

[DV8r]

We need to have Constitutional Carry and negate the need for all these periferal laws.

[Tallbear]

HB 4204 of 2017
Traffic control; driver license; access to driver license photograph of concealed weapons license holders; allow by department of state police. Amends sec. 307 of 1949 PA 300 (MCL 257.307).
Last Action: 3/7/2017 referred to second reading

[Tallbear]

HB 4204 of 2017
Traffic control; driver license; access to driver license photograph of concealed weapons license holders; allow by department of state police. Amends sec. 307 of 1949 PA 300 (MCL 257.307).
Last Action: 3/21/2017 transmitted

[willbrew21]

I don't really feel like this is an issue, they should pass it and move on to some more pressing matters?

[Tallbear]

HB 4204 of 2017
Traffic control; driver license; access to driver license photograph of concealed weapons license holders; allow by department of state police. Amends sec. 307 of 1949 PA 300 (MCL 257.307).
Last Action: 3/22/2017 REFERRED TO COMMITTEE ON JUDICIARY

[Tallbear]

Tuesday, April 18, 2017



TIME: 3:00 p.m.



PLACE: Room 1300,





AGENDA



Presentation of the Michigan State Police’s 100th Anniversary



HB 4203 Rep. LaFave State; identification cards; secretary of state sharing of photographs taken for official state personal identification card with the department of state police; allow.



HB 4204 Rep. Cole Traffic control; driver license; access to driver license photograph of concealed weapons license holders; allow by department of state police.



SB 275 Sen. Emmons Crimes; prostitution; exemption from prosecution of law enforcement officers from criminal prosecution for certain prostitution offenses committed while the officer is working; modify.

[frmathiasen]

I was wondering if this is more so when an officer pulls you over he can match your photo's and confirm you match. Also doesn't this allow the police to see you that you have a CPL when he pulls you over and runs your licence?

[luckless]

They are telling us this is to codify the transfer of your driver's license picture so it can be used for your CPL.

[Tallbear]

HB 4204 of 2017
Traffic control; driver license; access to driver license photograph of concealed weapons license holders; allow by department of state police. Amends sec. 307 of 1949 PA 300 (MCL 257.307).
Last Action: 4/4/2017 Analysis File Added

[Tallbear]

Tuesday, April 18, 2017



TIME: 3:00 p.m.



PLACE: Room 1300,





AGENDA



Presentation of the Michigan State Police’s 100th Anniversary



HB 4203 Rep. LaFave State; identification cards; secretary of state sharing of photographs taken for official state personal identification card with the department of state police; allow.



HB 4204 Rep. Cole Traffic control; driver license; access to driver license photograph of concealed weapons license holders; allow by department of state police.



SB 275 Sen. Emmons Crimes; prostitution; exemption from prosecution of law enforcement officers from criminal prosecution for certain prostitution offenses committed while the officer is working; modify.



SB 284 Sen. Jones Property; recording; statement of marital status in instruments conveying or mortgaging real estate; remove requirement.

[Tallbear]

HB 4204 of 2017
Traffic control; driver license; access to driver license photograph of concealed weapons license holders; allow by department of state police. Amends sec. 307 of 1949 PA 300 (MCL 257.307).
Last Action: 4/11/2017 Analysis File Added

[nmuskier]

So now that all of this "administrative" stuff is electronically transferred from SoS and gun boards are gone, any chance that a CPL cost will reduce from the current punitive cost down to the range of a typical state ID?

[luckless]

So now that all of this "administrative" stuff is electronically transferred from SoS and gun boards are gone, any chance that a CPL cost will reduce from the current punitive cost down to the range of a typical state ID?

Actually, they used the opportunity to increase the renewal fees. Can you think of any fee, surcharge or tax decrease that RINO Rick signed? Reducing our tax burden just isn't in their interest. Heck, the SOS office just jacked up the fee for getting your driving history from $9 to $20. Hunting deer doubled in price. Remember that road tax we voted down....?

[Tallbear]

HB 4204 of 2017
Traffic control; driver license; access to driver license photograph of concealed weapons license holders; allow by department of state police. Amends sec. 307 of 1949 PA 300 (MCL 257.307).
Last Action: 4/19/2017 REFERRED TO COMMITTEE OF THE WHOLE

[Roundballer]

After processing through the committees for two months, we are right back where we started!

This exact same bill died on the floor when Congress adjourned last year in December.

It is a no brainer, bring it up and vote on it!

[Remo]

After processing through the committees for two months, we are right back where we started!

This exact same bill died on the floor when Congress adjourned last year in December.

It is a no brainer, bring it up and vote on it!

Hmmm, logic doesn't bode to well in government.

[Tallbear]

HB 4204 of 2017
Traffic control; driver license; access to driver license photograph of concealed weapons license holders; allow by department of state police. Amends sec. 307 of 1949 PA 300 (MCL 257.307).
Last Action: 4/19/2017 Analysis File Added

[Tallbear]

HB 4204 of 2017
Traffic control; driver license; access to driver license photograph of concealed weapons license holders; allow by department of state police. Amends sec. 307 of 1949 PA 300 (MCL 257.307).
Last Action: 4/26/2017 PLACED ON ORDER OF THIRD READING

[Roundballer]

It made it one step further than last time. On to the Governor! Let' see what he does.


4/27/2017 Expected in SJ 40 PASSED; GIVEN IMMEDIATE EFFECT ROLL CALL # 125 YEAS 36 NAYS 0 EXCUSED 2 NOT VOTING 0
4/27/2017 Expected in HJ 39 returned from Senate without amendment with immediate effect and full title
4/27/2017 Expected in HJ 39 full title agreed to
4/27/2017 Expected in HJ 39 bill ordered enrolled

Ditto for the companion bill HB 4203

[Tallbear]

HB 4204 of 2017
Traffic control; driver license; access to driver license photograph of concealed weapons license holders; allow by department of state police. Amends sec. 307 of 1949 PA 300 (MCL 257.307).
Last Action: 5/2/2017 presented to the Governor 5/2/2017 @ 10:58 AM

[Tallbear]

HB 4204 of 2017 (PA 32 of 2017)
Traffic control; driver license; access to driver license photograph of concealed weapons license holders; allow by department of state police. Amends sec. 307 of 1949 PA 300 (MCL 257.307).
Last Action: 5/11/2017 assigned PA 32'17 with immediate effect