December 4, 2007, Introduced by Reps. Nofs, Agema, Calley, Marleau, Moss, Acciavatti, Pavlov, Palmer, Garfield, Shaffer, Horn, Hoogendyk, Emmons, Amos, Booher, David Law, LaJoy, Robertson, Steil, Rick Jones, Brandenburg, Pastor, Casperson, Huizenga, Green, Meekhof, Hildenbrand, Meltzer, Caswell, Moore, Knollenberg and Stahl and referred to the Committee on Transportation.
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, 2, and 8 (MCL 28.291, 28.291a, 28.292,
and 28.298), sections 1 and 2 as amended by 2005 PA 143 and
sections 1a and 8 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
photographic
identity document, a birth certificate attesting
to
his
or her age or other nonphotographic identity document, and
other sufficient documents or identification as the secretary of
state may require. These documents shall demonstrate the
applicant's full legal name history, date of birth, social security
number, and his or her address and residency, and that the
applicant is a citizen of the United States, is an alien lawfully
admitted for permanent or temporary residence in the United States,
or has conditional permanent resident status in the United States.
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 legal name, date of birth, social
security number, 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.
(3) Unless otherwise eligible under section 2a, the secretary
of state shall not issue an official state personal identification
card to a person who is not a citizen of the United States.
Sec. 1a. 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, and source
documents presented by an applicant to obtain a personal
identification card under section 2.
(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.
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 legal name, date of birth, sex, residential
address, height, weight, eye color, digital photographic 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.
(d) (f)
Beginning January 1, 2007, in 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.
(e) Physical security features designed to prevent tampering,
counterfeiting, or duplication of the official state personal
identification card for fraudulent purposes.
(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 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 shall retain and use a person's digital photographic
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.
(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 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 with defined
minimum data elements 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.
As used in this subsection,
"defined minimum elements"
means that phrase as defined in 6 CFR 37.19.
(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 not
more than $20.00 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
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 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 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. (1) Before issuing an official state personal
identification card to an applicant, the secretary of state shall
require and the applicant shall produce documentary evidence as the
secretary of state requires showing that 1 or more of the following
applies to the applicant:
(a) The applicant is a citizen of the United States.
(b) The applicant is an alien lawfully admitted for permanent
or temporary residence in the United States.
(c) The applicant has conditional permanent residence status
in the United States.
(d) The applicant has a valid, unexpired nonimmigrant visa or
nonimmigrant visa status for entry into the United States.
(e) The applicant has an approved application for asylum in
the United States.
(f) The applicant has entered into the United States in
refugee status.
(g) The applicant has a pending or approved application for
temporary protected status in the United States.
(h) The applicant has approved deferred action status.
(i) The applicant 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 residence
status in the United States.
(2) If an applicant presents evidence described in subsection
(1)(d) through (i), the secretary of state shall not issue an
official state personal identification card, but may issue a
temporary official state personal identification card to the
applicant. A temporary official state personal identification card
issued under this subsection is valid only during the period of
time that the applicant is authorized to stay in the United States
or, if there is no definite end to the period of authorized stay,
for 1 year.
(3) A temporary official state personal identification card
issued under this section shall clearly indicate that it is
temporary and shall state the date on which it expires.
(4) A temporary official state personal identification card
issued under this section may be renewed only upon presentation of
valid documentary evidence that the status by which the applicant
qualified for the temporary official state personal identification
card has been extended by the United States secretary of homeland
security.
(5) The secretary of state shall verify with the issuing
agency the validity and completeness of each document presented by
an applicant for an official state personal identification card.
The secretary of state shall not accept a foreign document, other
than an official passport, to satisfy the application requirements
under this act.
(6) The secretary of state shall use technology to capture
digital images of identity source documents so that the images are
capable of being retained in electronic storage in a transferable
format.
(7) The secretary of state shall retain paper copies of source
documents presented by an applicant to obtain an official state
personal identification card for not less than 7 years or images of
those source documents for not less than 10 years.
(8) The secretary of state shall establish an effective
procedure to confirm or verify a renewing applicant's information.
(9) The secretary of state shall confirm with the social
security administration a social security account number presented
by an applicant using the full social security account number or
confirm the applicant's ineligibility for issuance of a social
security number.
(10) The secretary of state shall refuse to issue an official
state personal identification card to an applicant holding an
official state personal identification card issued by another state
without confirmation that the applicant is terminating or has
terminated the official state personal identification card issued
by the other state.
(11) The secretary of state shall do all of the following:
(a) Ensure the physical security of locations where official
state personal identification cards are produced and the security
of document materials and papers from which official state personal
identification cards are produced.
(b) Subject all persons authorized to manufacture or produce
official state personal identification cards to appropriate
security clearance requirements.
(c) Establish fraudulent document recognition training
programs for appropriate employees engaged in the issuance of
official state personal identification cards.
(12) For purposes of this act, the secretary of state shall
presume that an official state personal identification card for
which an application has been made for renewal, duplication, or
reissuance was issued in accordance with the provisions of this act
if at the time the application is made the official personal state
identification card is not expired, canceled, suspended, or
revoked. The presumption created under this subsection does not
apply if the secretary of state is notified by a local, state, or
federal governmental agency that the person seeking a renewal,
duplication, or reissuance is either of the following:
(a) Not a citizen of the United States.
(b) Not legally in the United States.
Sec. 2b. This state shall enter into a memorandum of
understanding with the United States secretary of homeland security
to routinely utilize the automated system known as systematic alien
verification for entitlements, as provided by section 404 of the
illegal immigration reform and immigrant responsibility act of
1996, 110 Stat. 3009-664, to verify the legal presence status of a
person, other than a United States citizen, applying for an
official personal state identification card.
Sec. 8. (1) Except as provided in this section and in section
10, personal information in a record maintained under this act
shall not be disclosed, unless the person requesting the
information furnishes proof of identity satisfactory to the
secretary of state and certifies that the personal information
requested will be used for a permissible purpose identified in this
section
or in section 10. However, highly Highly restricted
personal information shall be used and disclosed only as expressly
permitted in section 2 or in another applicable provision of law.
(2) Personal information in a record maintained under this act
shall be disclosed by the secretary of state if required to carry
out the purposes of a specified federal law. As used in this
section, "specified federal law" means the automobile information
disclosure
act, Public Law 85-506, 15 U.S.C. USC 1231 to 1232 and
1233, the former motor vehicle information and cost savings act,
Public Law 92-513, the former national traffic and motor vehicle
safety act of 1966, Public Law 89-563, the anti-car theft act of
1992,
Public Law 102-519, 106 Stat. 3384, the clean air act,
chapter
360, 69 Stat. 322, 42 U.S.C. 7401 to 7431, 7470 to 7479,
7491
to 7492, 7501 to 7509a, 7511 to 7515, 7521 to 7525, 7541 to
7545,
7547 to 7550, 7552 to 7554, 7571 to 7574, 7581 to 7590, 7601
to
7612, 7614 to 7617, 7619 to 7622, 7624 to 7627, 7641 to 7642,
7651
to 7651o, 7661 to 7661f, and 7671 to 7671q, and all federal
regulations promulgated to implement these federal laws.
(3) Personal information in a record maintained under this act
may be disclosed by the secretary of state as follows:
(a) For use by a federal, state, or local governmental agency,
including a court or law enforcement agency, in carrying out the
agency's functions, or by a private person or entity acting on
behalf of a governmental agency in carrying out the agency's
functions.
(b) For use in connection with matters of motor vehicle and
driver safety or auto theft; motor vehicle emissions; motor vehicle
product alterations, recalls, or advisories; performance monitoring
of motor vehicles; motor vehicle market research activities,
including survey research; and the removal of nonowner records from
the original records of motor vehicle manufacturers.
(c) For use in the normal course of business by a legitimate
business, including the agents, employees, and contractors of the
business, but only to verify the accuracy of personal information
submitted by an individual to the business or its agents,
employees, or contractors, and if the information as so submitted
is no longer correct, to obtain the correct information, for the
sole purpose of preventing fraud by pursuing legal remedies
against, or recovering on a debt against, the individual.
(d) For use in connection with a civil, criminal,
administrative, or arbitral proceeding in a federal, state, or
local court or governmental agency or before a self-regulatory
body, including use for service of process, investigation in
anticipation of litigation, and the execution or enforcement of
judgments and orders, or pursuant to an order of a federal, state,
or local court, an administrative agency, or a self-regulatory
body.
(e) For use in legitimate research activities and in preparing
statistical reports for commercial, scholarly, or academic purposes
by a bona fide research organization, if the personal information
is not published, redisclosed, or used to contact individuals.
(f) For use by an insurer or insurance support organization,
or by a self-insured entity, or its agents, employees, or
contractors, in connection with claims investigating activity,
antifraud activity, rating, or underwriting.
(g) For use in providing notice to the owner of an abandoned,
towed, or impounded vehicle.
(h) For use either by a private detective or private
investigator
licensed under the private detective license act, of
1965,
1965 PA 285, MCL 338.821 to
338.851, or by a private security
guard agency or alarm system contractor licensed under the private
security
guard act of 1968 business
and security alarm act, 1968 PA
330, MCL 338.1051 to 338.1085, only for a purpose permitted under
this section.
(i) For use by an employer, or the employer's agent or
insurer, to obtain or verify information relating either to the
holder of a commercial driver license that is required under the
commercial
motor vehicle safety act of 1966 1986, title XII of
Public
Law 99-570, 100 Stat. 3207-170, or to the holder of a
chauffeur's license that is required under chapter 3 of the
Michigan vehicle code, 1949 PA 300, MCL 257.301 to 257.329.
(j) For use by a car rental business, or its employees,
agents, contractors, or service firms, for the purpose of making
rental decisions.
(k) For use by a news medium in the preparation and
dissemination of a report related in part or in whole to the
operation of a motor vehicle or public safety. "News medium"
includes a newspaper, a magazine or periodical published at regular
intervals, a news service, a broadcast network, a television
station, a radio station, a cablecaster, or an entity employed by
any of the foregoing.
(l) For any use by an individual requesting information
pertaining to himself or herself or requesting in writing that the
secretary of state provide information pertaining to himself or
herself to the individual's designee. A request for disclosure to a
designee, however, may be submitted only by the individual.
(4) Copies or images of source documents retained by the
secretary of state under section 2a may be used and disclosed for
the purposes of subsection (3)(a) and (l).
Enacting section 1. This amendatory act takes effect January
1, 2009.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5518(request no.
01674'07) of the 94th Legislature is enacted into law.