September 4, 2007, Introduced by Senators SANBORN, GLEASON, JACOBS, THOMAS, CLARKE, OLSHOVE, PRUSI, SCHAUER, CHERRY, KAHN, BIRKHOLZ, PAPPAGEORGE, RICHARDVILLE, BARCIA, CLARK-COLEMAN, BASHAM, HUNTER, SWITALSKI and SCOTT and referred to the Committee on Health Policy.
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 section 2 (MCL 28.292), as amended by 2005 PA 143.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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.
(v) (vi) Emergency
contact information of the person.
(vi) (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) (4).
(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 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 anatomical
gift donor registry under part 101 of the public health code, 1978
PA
368, MCL 333.10101 to 333.10109 333.10123, 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 333.10123,
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 under
section 10120 of the public health code, 1978 PA 368, MCL
333.10120. The information required under this subparagraph
includes the address and telephone number of Michigan's federally
designated organ procurement organization or its successor
organization as defined in section 10102 of the public health code,
1978 PA 368, MCL 333.10102.
(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 333.10123, 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 donor 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.
(4) (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.
(5) (6)
The identification card shall not
contain a
fingerprint or finger image of the applicant.
(6) (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.
(7) (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.
(8) (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 donor 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 As
required in section 10120 of the public health code, 1978 PA 368,
MCL 333.10120, 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 organization or its successor organizations,
and
organization, tissue banks,
and eye banks with limitations on
the
use of and access to the donor registry as determined by the
secretary
of state in a manner that
complies with that section.
(9) (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.
(10) (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.
(11) (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.
(12) (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.
(13) (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).
(14) (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.
(15) (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.
(16) (17)
Except as otherwise provided in
subsections (14) and
(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.
(17) (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, or 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.
(18) (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.
(19) (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
anatomical gift donor registry under part 101 of the public
health
code, 1978 PA 368, MCL 333.10101 to 333.10109 333.10123.
A
person
who has agreed to participate in that the donor 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 anatomical
gift.
(20) (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.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 710
of the 94th Legislature is enacted into law.