June 20, 2007, Introduced by Reps. Agema, Rocca, Garfield, Moss, Meekhof, Palsrok, Nofs, Rick Jones, Moore, Emmons, Calley, Marleau, Pavlov, Green, Hildenbrand, Shaffer, Casperson, Moolenaar, Booher, Walker, Elsenheimer, Stakoe, LaJoy, Pastor, Horn, Hoogendyk, Nitz, Pearce, Stahl, Hune, Gaffney, Sheen, DeRoche, David Law, Hansen, Knollenberg, Palmer, Acciavatti, Meadows, Ward, Caul and Ball and referred to the Committee on Government Operations.
A bill to amend 1972 PA 222, entitled
"An act to provide for an official personal identification card; to
provide for its form, issuance and use; to regulate the use and
disclosure of information obtained from the card; to prescribe the
powers and duties of the secretary of state; to prescribe fees; to
prescribe certain penalties for violations; and to provide an
appropriation for certain purposes,"
by amending sections 1, 1a, and 2 (MCL 28.291, 28.291a, and
28.292), sections 1 and 2 as amended by 2005 PA 143 and section 1a
as added by 1997 PA 99, and by adding sections 2a and 2b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) A person who is a resident of this state may apply
to the department of state for an official state personal
identification card. Upon application the applicant shall supply a
birth
certificate attesting to his or her age, or a
photo identity
document, a nonphoto identity document if it includes both the
person's full legal name and date of birth, proof of the person's
social security number or verification that the person is not
eligible for a social security number, documentation showing the
person's name and the address of his or her principal residence,
any valid documentary evidence of lawful status, and any other
sufficient documents or identification as the secretary of state
may require. The secretary of state shall not accept a document
issued by another country, other than an official passport, to
satisfy these requirements. An application for a state personal
identification card shall be made in a manner prescribed by the
secretary of state and shall contain the applicant's full name,
date of birth, residence address, height, sex, eye color,
signature, and, beginning January 1, 2007, intent to be an organ
donor, and other information required or permitted on the official
state personal identification card. The applicant may provide a
mailing address if the applicant receives mail at an address
different from his or her residence address.
(2) The secretary of state shall not issue an official state
personal identification card to a person who holds an operator's or
chauffeur's license issued under the Michigan vehicle code, 1949 PA
300, MCL 257.1 to 257.923, unless the license has been suspended,
revoked, or restricted. The secretary of state shall not issue an
official state personal identification card to a person who does
not have lawful status in this state.
Sec. 1a. (1) As used in this act:
(a) "Highly restricted personal information" includes an
individual's photograph or image, social security number, digitized
signature, and medical and disability information.
(b) "Lawful status" means that the person meets 1 of the
following criteria:
(i) He or she is a citizen or national of the United States.
(ii) He or she is an alien lawfully admitted for permanent or
temporary residence in the United States.
(iii) He or she has conditional permanent resident status in the
United States.
(iv) He or she has an approved application for asylum in the
United States or has entered into the Unites States in refugee
status.
(v) He or she has a valid, unexpired nonimmigrant visa or
nonimmigrant visa status for entry into the United States.
(vi) He or she has a pending application for asylum in the
United States.
(vii) He or she has a pending or approved application for
temporary protected status in the United States.
(viii) He or she has approved deferred action status.
(ix) He or she has a pending application for adjustment of
status to that of an alien lawfully admitted for permanent
residence in the United States or conditional permanent resident
status in the United States.
(c) (b)
"Personal information"
means information that
identifies an individual, including the individual's photograph or
image, name, address (but not the 5-digit zip code), driver license
number, social security number, telephone number, digitized
signature, and medical and disability information.
(d) "Resident" means every person who has lawful status in the
United States and who resides in a settled or permanent home or
domicile with the intention of remaining in this state. A person
who obtains employment in this state is presumed to have the
intention of remaining in this state. This definition applies to
the provisions of this act only.
(2) Notwithstanding subsection (1)(b)(v) through (ix), a person
who is a foreign exchange student does not have lawful status in
the United States for the purposes of this act.
Sec. 2. (1) The official state personal identification card
shall contain the following:
(a) An identification number permanently assigned to the
person.
(b) The full name, date of birth, sex, residential address,
height, weight, eye color, image, and signature of the person to
whom the identification card is issued.
(c) An indication that the identification card contains 1 or
more of the following:
(i) The blood type of the person.
(ii) Immunization data of the person.
(iii) Medication data of the person.
(iv) A statement that the person is deaf.
(v) Until January 1, 2007, a statement that the person is an
organ and tissue donor under part 101 of the public health code,
1978 PA 368, MCL 333.10101 to 333.10109. If the identification card
contains such a statement, the statement shall include the
signature of the person, along with the signature of at least 1
witness.
(vi) Emergency contact information of the person.
(vii) A sticker or decal as specified by the secretary of state
to indicate that the holder of the official state personal
identification card has designated 1 or more patient advocates in
accordance with section 5506 of the estates and protected
individuals code, 1998 PA 386, MCL 700.5506, or a statement that he
or she carries an emergency medical information card, as described
in subsection (5).
(d) In the case of a person who is less than 18 years of age
at the time of issuance of the identification card, the dates on
which the person will become 18 years of age and 21 years of age.
(e) In the case of a person who is not less than 18 years of
age but less than 21 years of age at the time of issuance of the
identification card, the date on which the person will become 21
years of age.
(f) Beginning January 1, 2007, in the case of a holder of an
official state personal identification card who has indicated his
or her wish to participate in the organ and tissue donor registry
under part 101 of the public health code, 1978 PA 368, MCL
333.10101 to 333.10109, a heart insignia on the front of the
official state personal identification card.
(2) In conjunction with the application for or, until January
1, 2007, the issuance of an official state personal identification
card, the secretary of state shall do all of the following:
(a) Provide the applicant with all of the following:
(i) Information explaining the applicant's right to make an
anatomical gift in the event of death under part 101 of the public
health code, 1978 PA 368, MCL 333.10101 to 333.10109, and in
accordance with this section.
(ii) Information describing the organ, tissue, and eye donor
registry program maintained by Michigan's federally designated
organ procurement organization or its successor organization. The
information required under this subparagraph includes the address
and telephone number of Michigan's federally designated organ
procurement organization or its successor organization.
(iii) Information giving the applicant the opportunity to have
his or her name placed on the registry described in subparagraph
(ii).
(b) Provide the applicant with the opportunity to specify on
his or her official state personal identification card that he or
she is willing to make an anatomical gift in the event of death
pursuant
to under part 101 of the public health code, 1978 PA 368,
MCL 333.10101 to 333.10109, and in accordance with this section.
(c) Inform the applicant that, if he or she indicates to the
secretary of state under this section a willingness to have his or
her name placed on the registry described in subdivision (a)(ii),
the secretary of state will mark the applicant's record for the
registry.
(3) The secretary of state may fulfill the requirements of
subsection (2) by 1 or more of the following methods:
(a) Providing printed material enclosed with a mailed notice
for the issuance or renewal of an official state personal
identification card.
(b) Providing printed material to an applicant who personally
appears at a secretary of state branch office.
(c) Through electronic information transmittals for
applications processed by electronic means.
(4) Until January 1, 2007, if an applicant indicates a
willingness under this section to have his or her name placed on
the registry described in subsection (2)(a)(ii), the secretary of
state shall within 10 days forward the applicant's name, address,
and date of birth to the organ donor registry maintained by
Michigan's federally designated organ procurement organization or
its successor organization. The secretary of state may forward
information under this subsection by mail or by electronic means.
The secretary of state shall not maintain a record of the name or
address of an individual who indicates a willingness to have his or
her name placed on the organ donor registry after forwarding that
information to the organ donor registry under this subsection.
Information about an applicant's indication of a willingness to
have his or her name placed on the organ donor registry obtained by
the secretary of state under subsection (2) and forwarded under
this subsection is exempt from disclosure under section 13(1)(d) of
the freedom of information act, 1976 PA 442, MCL 15.243.
(5) The secretary of state shall prescribe the form of the
identification card. The secretary of state shall designate on the
identification card a space where the applicant may place a sticker
or decal of the uniform size as the secretary may specify to
indicate that the cardholder carries a separate emergency medical
information card. The sticker or decal may be provided by any
person, hospital, school, medical group, or association interested
in assisting in implementing the emergency medical information
card, but shall meet the specifications of the secretary of state.
The sticker or decal also may be used to indicate that the
cardholder has designated 1 or more patient advocates in accordance
with section 5506 of the estates and protected individuals code,
1998 PA 386, MCL 700.5506. The emergency medical information card,
carried separately by the cardholder, may contain the information
described in subsection (2)(c), information concerning the
cardholder's patient advocate designation, other emergency medical
information, or an indication as to where the cardholder has stored
or registered emergency medical information. An original
identification card or the renewal of an existing identification
card issued to a person less than 21 years of age shall be portrait
or vertical in form and an identification card issued to a person
21 years of age or over shall be landscape or horizontal in form.
Except as otherwise required in this act, other information
required on the identification card under this act may appear on
the identification card in a form prescribed by the secretary of
state.
(6) The identification card shall not contain a fingerprint or
finger image of the applicant.
(7) Except as provided in this subsection, the secretary of
state may retain and use a person's image and signature described
in subsection (1)(b) only for programs administered by the
secretary of state. Except as provided in this subsection, the
secretary of state shall not use a person's image unless written
permission for that purpose is granted by the person to the
secretary of state or specific enabling legislation permitting the
use is enacted into law. A law enforcement agency of this state
shall have access to any information retained by the secretary of
state under this subsection. The information may be utilized for
any law enforcement purpose unless otherwise prohibited by law. The
department of state police shall provide to the secretary of state
updated lists of persons required under section 5a of the sex
offenders registration act, 1994 PA 295, MCL 28.725a, to maintain a
valid operator's or chauffeur's license or an official state
personal identification card and the secretary of state shall make
images of those persons available to the department of state police
as provided in the sex offenders registration act, 1994 PA 295, MCL
28.721
to 28.732 28.736.
(8) If a person presents evidence of statutory blindness as
provided in 1978 PA 260, MCL 393.351 to 393.368, and is issued or
is the holder of an official state personal identification card,
the secretary of state shall mark the person's identification card
in a manner that clearly indicates that the cardholder is legally
blind.
(9) Beginning January 1, 2007, the secretary of state shall
maintain a record of an individual who indicates a willingness to
have his or her name placed on the registry described in subsection
(2)(a)(ii). Information about a person's indication of a willingness
to have his or her name placed on the registry that is obtained by
the secretary of state and forwarded under this section is exempt
from disclosure under section 13(1)(d) of the freedom of
information act, 1976 PA 442, MCL 15.243. The secretary of state
shall establish and maintain the organ, tissue, and eye donor
registry in a manner that provides electronic access, including,
but not limited to, the transfer of data to this state's federally
designated organ procurement organizations, their successor
organizations, and tissue and eye banks with limitations on the use
of and access to the donor registry as determined by the secretary
of state.
(10) An official state personal identification card may
contain an identifier for voter registration purposes. An official
state personal identification card may contain information
appearing in electronic or machine readable codes needed to conduct
a transaction with the secretary of state. The information shall be
limited to the person's identification card number, birth date,
expiration date, and other information necessary for use with
electronic devices, machine readers, or automatic teller machines
and shall not contain the person's name, address, driving record,
or other personal identifier. The identification card shall
identify the encoded information.
(11) An official state personal identification card shall be
issued only upon authorization of the secretary of state, and shall
be manufactured in a manner to prohibit as nearly as possible the
ability to reproduce, alter, counterfeit, forge, or duplicate the
identification card without ready detection.
(12) Except as otherwise provided in this act, an applicant
shall pay a fee of $10.00 to the secretary of state for each
original or renewal identification card issued. The department of
treasury shall deposit the fees received and collected under this
section in the state treasury to the credit of the general fund.
The legislature shall appropriate the fees credited to the general
fund under this act to the secretary of state for the
administration of this act. Appropriations from the Michigan
transportation fund created under section 10 of 1951 PA 51, MCL
247.660, shall not be used to compensate the secretary of state for
costs incurred and services performed under this section.
(13) An original or renewal official state personal
identification card expires on the birthday of the person to whom
it is issued in the fourth year following the date of issuance. The
secretary of state shall not issue an official state personal
identification card under this act for a period greater than 4
years. Except as provided in this subsection, a person may apply
for a renewal of an official state personal identification card by
mail or by other methods prescribed by the secretary of state. The
secretary of state shall require renewal in person by a person
requiring a class 2 license or by a person required under section
5a of the sex offenders registration act, 1994 PA 295, MCL 28.725a,
to maintain a valid operator's or chauffeur's license or official
state personal identification card.
(14) The secretary of state shall waive the fee under this
section if the applicant is any of the following:
(a) A person 65 years of age or older.
(b) A person who has had his or her operator's or chauffeur's
license suspended, revoked, or denied under the Michigan vehicle
code, 1949 PA 300, MCL 257.1 to 257.923, because of a mental or
physical infirmity or disability.
(c) A person who presents evidence of statutory blindness as
provided in 1978 PA 260, MCL 393.351 to 393.368.
(d) A person who presents other good cause for a fee waiver.
(e) Beginning January 1, 2007, a person who wishes to add or
remove a heart insignia described in subsection (1)(f).
(15) A person who has been issued an official state personal
identification card shall apply for a renewal official state
personal identification card if the person changes his or her name.
(16) A person who has been issued an official state personal
identification card shall apply for a corrected identification card
if he or she changes his or her residential address. The secretary
of state may correct the address on an identification card by a
method prescribed by the secretary of state. A fee shall not be
charged for a change of residential address.
(17) Except as otherwise provided in subsections (15) and
(16), a person who has been issued an official state personal
identification card may apply for a renewal official state personal
identification card for 1 or more of the following reasons:
(a) The person wants to change any information on the
identification card.
(b) An identification card issued under this act is lost,
destroyed, or mutilated, or becomes illegible.
(18) A person may indicate on an official state personal
identification card in a place designated by the secretary of state
his or her blood type, emergency contact information, immunization
data, medication data, a statement that the person is deaf, or,
until January 1, 2007, a statement that the person has made an
anatomical gift under part 101 of the public health code, 1978 PA
368, MCL 333.10101 to 333.10109.
(19) If an applicant provides proof to the secretary of state
that he or she is a minor who has been emancipated under 1968 PA
293, MCL 722.1 to 722.6, the official state personal identification
card shall bear the designation of the individual's emancipated
status in a manner prescribed by the secretary of state.
(20) Beginning January 1, 2007, the secretary of state shall
inquire of each person who applies for or who holds an official
state personal identification card, in person or by mail, whether
he or she agrees to participate in the organ, tissue, and eye donor
registry under part 101 of the public health code, 1978 PA 368, MCL
333.10101 to 333.10109. A person who has agreed to participate in
that registry shall not be considered to have revoked that
agreement solely because the person's official state personal
identification card has expired. Enrollment in the organ, tissue,
and eye donor registry constitutes a legal agreement that remains
binding and in effect after the donor's death regardless of the
expressed desires of the deceased donor's next of kin who may
oppose the donor's organ, tissue, or eye donation.
(21) A valid official state personal identification card
presented by the person to whom the card is issued shall be
considered the same as a valid state of Michigan driver license
when identification is requested except as otherwise specifically
provided by law.
Sec. 2a. Before issuing an official state personal
identification card, the secretary of state shall verify, in real
time, that the applicant's social security number matches the
applicant's name. Before issuing an official state personal
identification card, the secretary of state shall verify, with the
issuing agency, the issuance, validity, and completeness of each
document required to be presented by the person under section 1(1).
Sec. 2b. (1) If a person presents documents to show lawful
status under section 1a(1)(b)(v) through (ix), the secretary of
state may only issue a class 2 state personal identification card
to the person. A class 2 state personal identification card is
valid only during the period of time the applicant is authorized to
stay in the United States or, if there is no definite end to the
period of authorized stay, a period not to exceed 1 year. A class 2
state personal identification card shall clearly indicate that it
is temporary, shall be of a different color than other state
personal identification cards, and shall prominently display the
date on which it expires.
(2) A class 2 state personal identification card may only be
renewed upon presentation of valid documentary evidence that the
status by which the applicant qualified for the class 2 state
personal identification card has been extended by the United States
secretary of homeland security.