June 27, 2008, Introduced by Senators BRATER, SCOTT, CLARKE, CLARK-COLEMAN, HUNTER and THOMAS 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 section 2 (MCL 28.292), as amended by 2008 PA 40.
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 legal name, date of birth, sex, residence
address, height, weight, eye color, digital photographic image,
signature of the applicant, and expiration date of the official
state personal identification card.
(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.
(d) In the case of a holder of an official state personal
identification card who has indicated his or her wish to
participate in the anatomical gift donor registry under part 101 of
the public health code, 1978 PA 368, MCL 333.10101 to 333.10123, 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 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 333.10123, and in
accordance with this section.
(ii) Information describing the 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
10120 of the public health code, 1978 PA 368, MCL 333.10120.
(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 333.10123, 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 donor 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) 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) The identification card shall not contain a fingerprint or
finger image of the applicant.
(6) Except as provided in this subsection, the secretary of
state 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 as specifically authorized
by law. A person's digital photographic image or signature shall
only be used as follows:
(a) By a federal, state, or local governmental agency for a
law enforcement purpose authorized by law.
(b) By the secretary of state for a use specifically
authorized by law.
(c) The secretary of state shall forward to the department of
state police the images of persons required to be registered under
the sex offenders registration act, 1994 PA 295, MCL 28.721 to
28.736, upon the department of state police providing the secretary
of state an updated list of those persons.
(d) As necessary to comply with a law of this state or the
United States.
(7) 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) 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 donor 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. 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 donor registry
in a manner that complies with that section and that provides
electronic access, including, but not limited to, the transfer of
data to this state's federally designated organ procurement
organization or its successor organization, tissue banks, and eye
banks.
(9) An official state personal identification card may contain
an identifier for voter registration purposes.
(10) An official state personal identification card shall
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, full legal name, date of
transaction, gender, address, state of issuance, and other
information necessary for use with electronic devices, machine
readers, or automatic teller machines and shall not contain the
person's 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 or
on the date the person is no longer considered to be legally
present in the United States under section 1, whichever is earlier.
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) A person who wishes to add or remove a heart insignia
described in subsection (1)(d).
(f) A person who is indigent. The secretary of state may
require proof of indigence. As used in this subdivision, "indigent"
means the individual's income is not greater than 125% of the
official poverty line published annually in the federal register by
the United States department of health and human services under its
authority to revise the poverty line under 42 USC 9902.
(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 residence 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 residence 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, or a statement that the person is deaf.
(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) 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 anatomical gift donor registry under part 101 of the public
health code, 1978 PA 368, MCL 333.10101 to 333.10123. A person who
has agreed to participate in 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 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 anatomical gift.
(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.