Bill Proposals

"DRAFT"

THE STATE OF MICHIGAN

101st Legislature

Regular Session of 2025

HOUSE/SENATE BILL NO. ____

Introduced by Senator Aric Nesbitt

Referred to the Committee on Transportation and Infrastructure

A BILL

To affirm the constitutional right to intrastate and interstate travel; to amend the Michigan Vehicle Code; to distinguish personal from commercial use of highways; to provide for voluntary identification with driving endorsement; to protect biometric privacy rights; and to prescribe remedies.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

SECTION 1. 

Short Title

This act shall be known and may be cited as the “Freedom of Travel and Identity Act.”

SECTION 2. 

Legislative Findings

The Legislature finds all of the following:

(a) The right to travel freely throughout Michigan and the United States is a fundamental liberty guaranteed by the Constitution of the United States, including the Privileges and Immunities Clause (Article IV, § 2), the Fourteenth Amendment, and the Michigan Constitution of 1963, Article I, § 2 and § 11.

(b) Courts have affirmed that the state may regulate highways to ensure public safety, but may not impose commercial regulations or licensing on individuals engaged in personal, non-commercial travel.

(c) The Michigan Vehicle Code (Act 300 of 1949) currently applies uniform licensing to all drivers regardless of the nature of travel, which has led to the conflation of commercial and private use of public roads.

(d) The use of biometric technologies, facial recognition, and centralized databases under the federal REAL ID Act infringes on privacy and due process rights when imposed without clear notice and voluntary, informed consent.

SECTION 3. 

Personal Travel and Transportation Rights

(1) Every individual has the right to use public roads and highways for private, non-commercial travel without being compelled to obtain a chauffeur or driver license unless engaged in commercial transportation.

(2) The operation of a privately owned automobile for personal use shall be presumed to be lawful and not subject to licensure, taxation, or surveillance schemes associated with for-profit activity.

(3) No law enforcement officer or agency shall stop, detain, ticket, or arrest a person solely for the absence of a chauffeur or operator license, vehicle registration, or insurance when traveling in a personal, non-commercial capacity, unless:

• There is an articulable safety concern or
  
  

• The individual is engaged in commercial activity.
  
  

(4) This section shall not affect state enforcement of:

• Speed limits, impaired driving laws, and reckless driving laws;
  
  

• Licensing of operators engaged in transportation for hire;
  
  

• Commercial trucking and logistics operations.
  
  

SECTION 4. 

Reform of Driver Licenses and Travel Identification

(1) A driver license or chauffeur license shall be required only for individuals:

• Operating a vehicle for hire, in commerce, or under employment;
  
  

• Driving as part of a regulated commercial industry.
  
  

(2) The Secretary of State shall create a voluntary Personal ID Card with Steering Wheel Endorsement (SW-ID), which shall:

• Confirm competence in personal vehicle operation;
  
  

• Be issued without submission to biometric or facial recognition systems;
  
  

• Not be a condition for lawful operation of a vehicle in personal travel.
  
  

(3) The Secretary of State shall notify all current license holders and ID applicants that:

• Use of facial recognition, biometric storage, or third-party data sharing is optional and must require affirmative, informed consent;
  
  

• Citizens may opt out of enrollment in the federal REAL ID system without denial of services unrelated to federal air travel or facility access.
  
  

SECTION 5. 

Prohibition on Involuntary Biometric Surveillance

(1) No State agency or department shall:

• Enroll any person in a biometric, facial recognition, or digital identity surveillance program without explicit, written consent;
  
  

• Share biometric data with any third party or federal agency unless required by a court order or for investigation of a felony crime.
  
  

(2) Agencies using biometric or surveillance technologies must:

• Publish annual transparency reports on use, access, and data retention policies;
  
  

• Provide a process for individuals to request and receive a complete record of their stored biometric identifiers and request deletion.
  
  

SECTION 6. 

Civil Remedies

(1) A person aggrieved under this act may bring a civil action for declaratory, injunctive, or monetary relief in the circuit court or Court of Claims.

(2) Upon a finding of violation, the court may award:

• Actual damages, including loss of liberty and property;
  
  

• Injunctive relief;
  
  

• Reasonable attorney fees and costs.
  
  

(3) State officers or employees acting outside the scope of this Act may not claim immunity.

SECTION 7. 

Effective Date and Implementation

(1) This Act shall take effect 180 days after enactment.

(2) Within 90 days of enactment, the Department of State shall:

• Issue regulations and guidance to implement the creation of SW-ID cards;
  
  

• Update the Michigan Vehicle Code and applicable administrative rules to conform with this Act.
  
  

(3) All State and local law enforcement agencies shall be trained on the provisions of this Act and prohibited from punitive enforcement against private travelers acting within its scope.

SECTION 8. 

Severability

If any provision of this Act is found invalid or unconstitutional, such provision shall be severable, and the remainder of the Act shall remain in full force and effect.

"DRAFT"

119th CONGRESS

1st Session

S. ____

To affirm and protect the fundamental right of travel for all persons in the United States, pursuant to the Fourteenth Amendment and Title 18, United States Code, Section 245(b)(2)(E), to restructure driver licensing and identification for personal travel, and for other purposes.

IN THE SENATE OF THE UNITED STATES

5/14/2025

Senator Slokin to introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. 

Short Title

This Act may be cited as the “Freedom of Travel and Identity Act of 2025.”

SECTION 2. 

Findings

Congress finds the following:

1. The right to travel is a fundamental liberty interest protected under the United States Constitution, including the Privileges or Immunities Clause and the Due Process and Equal Protection Clauses of the Fourteenth Amendment.
   
   

2. The Supreme Court has repeatedly affirmed this right, including in:
   
   

   • Shapiro v. Thompson, 394 U.S. 618 (1969), which held that penalizing individuals for exercising the right to travel violates the Constitution;
     
     

   • Saenz v. Roe, 526 U.S. 489 (1999), which delineated a three-part right to travel, including the right to enter, visit, and settle in any State.
     
     

3. Title 18, United States Code, Section 245(b)(2)(E) provides criminal penalties for interference with federally protected rights, including the right to travel and access benefits provided by the United States.
   
   

4. State governments have in many cases extended driver licensing schemes originally intended for commercial or hazardous activities to cover private, personal use of motor vehicles, thereby infringing upon liberty interests by treating everyday travel as a government-regulated privilege.
   
   

5. The implementation of the REAL ID Act and the expansion of facial recognition and biometric surveillance without explicit, informed consent from the American public raises serious concerns about privacy, due process, and freedom of movement.
   
   

SECTION 3. 

Affirmation of the Right to Travel

(a) Right Affirmed.

All persons lawfully present in the United States shall have the fundamental right to travel, including:

1. The right to move freely between states for lawful purposes;
   
   

2. The right to reside, work, and access public resources without penalty due to recent relocation;
   
   

3. The right to operate a private motor vehicle for personal, non-commercial purposes without being subject to commercial licensure;
   
   

4. The right to be free from surveillance, tracking, or punitive action based solely on non-possession of commercial driving credentials.
   
   

(b) Presumption of Liberty.

The operation of a motor vehicle by an individual for non-commercial, non-remunerated purposes shall be presumed to be a constitutionally protected activity not subject to regulation under statutes pertaining to commerce or licensure unless a compelling governmental interest is narrowly and specifically demonstrated.

(c) Protection from Enforcement Abuses.

No law enforcement entity or State agency shall:

1. Detain, cite, fine, or arrest an individual solely due to the absence of a driver license, vehicle registration, or commercial identification when operating in a personal capacity;
   
   

2. Use the lack of a commercial license as grounds for search, seizure, or data collection unrelated to a specific, articulable public safety concern.
   
   

(d) Savings Clause.

Nothing in this section shall prevent States from enforcing:

1. Reasonable traffic safety laws (e.g., speed limits, impaired driving laws);
   
   

2. Regulations concerning the commercial transportation of persons or goods.
   
   

SECTION 4. 

Driver Licensing and Personal Travel Identification Reform

(a) Commercial Licensing Only.

States shall limit Driver or Chauffeur Licenses to individuals engaged in:

1. Commercial transportation for hire;
   
   

2. Business-related or compensated travel services;
   
   

3. Vehicle operations under a corporate or public authority.
   
   

(b) Creation of Personal Identification with Steering Wheel Endorsement.

States may offer a general personal ID with an optional “Steering Wheel Endorsement”, which:

1. Affirms the individual’s competence in driving but is not required for lawful travel;
   
   

2. Shall not be entered into biometric tracking registries or facial recognition databases;
   
   

3. Shall not confer any commercial status or subject the holder to transportation taxation schemes.
   
   

(c) Decriminalization of Personal Travel Without a License.

No State may:

1. Criminalize or fine personal vehicle use by individuals not holding a chauffeur or commercial driver license;
   
   

2. Impound, tow, or seize a vehicle for lack of such licensure unless engaged in commercial activity.
   
   

(d) Notice and Implementation.

Within 180 days of enactment, each State shall:

1. Review and amend transportation codes to comply with this section;
   
   

2. Launch a public notification campaign to inform citizens of their rights to travel freely and opt out of commercial identification systems.
   
   

(e) Commercial Exception.

This section does not impair States’ authority to regulate:

1. Commercial transportation, freight, or logistics industries;
   
   

2. Paid or for-hire services involving vehicle operation.
   
   

SECTION 5. 

Prohibition of Unlawful Surveillance and Registry Without Consent

(a) Opt-Out of REAL ID Biometric Systems.

Citizens shall have the explicit right to:

1. Opt out of biometric scanning, facial recognition databases, or other surveillance technologies associated with identity verification;
   
   

2. Receive written notice from any State agency utilizing such technologies during issuance or renewal of identification documents.
   
   

(b) Transparency and Disclosure.

All agencies collecting biometric data shall:

1. Provide clear, publicly available policies on the use, retention, and third-party sharing of biometric identifiers;
   
   

2. Obtain affirmative, written consent prior to enrolling any individual in such systems.
   
   

SECTION 6. 

Enforcement and Remedies

(a) Civil Action.

Any individual aggrieved by a violation of this Act may bring a civil action for damages, declaratory relief, or injunctive relief against the violating agency or officer in any court of competent jurisdiction.

(b) Federal Jurisdiction.

The federal courts shall have original jurisdiction over cases arising from violations of this Act under 28 U.S.C. § 1331, and shall construe these rights liberally in favor of liberty and constitutional guarantees.

(c) Attorney’s Fees.

Prevailing plaintiffs under this section shall be entitled to reasonable attorney’s fees and costs.