SB-0494, As Passed Senate, September 28, 2011

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 494

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, 2, 3, 5, and 7 (MCL 28.291, 28.292, 28.293,

28.295, and 28.297), section 1 as amended by 2008 PA 31, section 2

as amended by 2008 PA 40, section 3 as amended by 1998 PA 2,

section 5 as amended by 2004 PA 149, and section 7 as amended by

2009 PA 101.

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 or other

nonphotographic identity document, and other sufficient documents

as the secretary of state may require to verify the identity and

citizenship of the applicant. If an applicant for an official state

personal identification card is not a citizen of the United States,

the applicant shall supply a photographic identity document and

other sufficient documents to verify the identity of the applicant

and the applicant's legal presence in the United States under

subsection (3). The documents required under this subsection shall

include the applicant's full legal name, date of birth, ~~and~~

address, and residency and demonstrate that the applicant is a

citizen of the United States or is legally present in the United

States. If the applicant's full legal name differs from the name of

the applicant that appears on a document presented under this

subsection, the applicant shall present documents to verify his or

her current full legal name. 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, residence address, height, sex, eye color,

signature, intent to be an organ donor, other information required

or permitted on the official state personal identification card

and, only to the extent to comply with federal law, the applicant's

social security number. 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) If the applicant is not a citizen of the United States,

the applicant shall provide, and the department shall verify,

documents demonstrating his or her legal presence in the United

States. ~~A person legally present in the United States includes, but~~

~~is not limited to, a person authorized by the United States~~

~~government for employment in the United States, a person with~~

~~nonimmigrant status authorized under federal law, and a person who~~

~~is the beneficiary of an approved immigrant visa petition or an~~

~~approved labor certification.~~ Nothing in this act shall obligate or

be construed to obligate this state to comply with title II of the

real ID act of 2005, Public Law 109-13. The secretary of state

~~shall~~ may adopt rules under the administrative procedures act of

1969, 1969 PA 306, MCL 24.201 to 24.328, as are necessary for the

administration of this subsection. A determination by the secretary

of state that an applicant is not legally present in the United

States may be appealed under section 631 of the revised judicature

act of 1961, 1961 PA 236, MCL 600.631.

(4) The secretary of state shall not disclose a social

security number obtained under subsection (1) to another person

except for use for 1 or more of the following purposes:

(a) Compliance with 49 USC 31301 to 31317 and regulations and

rules related to this act.

(b) To carry out the purposes of section 466(a) of the social

security act, 42 USC 666, in connection with matters relating to

paternity, child support, or overdue child support.

with vital records maintained by the department of community health

under part 28 of the public health code, 1978 PA 368, MCL 333.2801

to 333.2899.

(d) As otherwise required by law.

(5) The secretary of state shall not display a person's social

security number on the person's official state personal

identification card.

(6) A requirement under this section to include a social

security number on an application does not apply to an applicant

who demonstrates he or she is exempt under law from obtaining a

social security number.

(7) The secretary of state, with the approval of the state

administrative board created under 1921 PA 2, MCL 17.1 to 17.3, may

enter into agreements with the United States government to verify

whether an applicant for an official state personal identification

card under this section who is not a citizen of the United States

is authorized under federal law to be present in the United States.

(8) The secretary of state shall not issue an official state

personal identification card to a person holding an official state

personal identification card issued by another state without

confirmation that the person is terminating or has terminated the

official state personal identification card issued by the other

state.

(9) 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 and all persons who

have the ability to affect the identity information that appears on

official state personal identification cards to appropriate

security clearance requirements. The security requirements of this

subdivision and subdivision (a) may require that official state

personal identification cards be manufactured or produced in this

state.

department of state employees engaged in the issuance of official

state personal identification cards.

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 or verification and certification by the applicant, as

determined by the secretary of state, and expiration date of the

official state personal identification card.

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.

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.

applications processed by electronic means.

(4) The secretary of state shall prescribe the form of the

official state personal 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.

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 official state personal 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.

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).

(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.

Sec. 3. (1) A person who falsely represents information upon

application for an official state personal identification card is

guilty of a felony punishable by imprisonment for not less than 1

year but not more than 5 years, or by a fine of not less than

$500.00 but not more than $5,000.00, or both.

(2) A person who is convicted of a second violation of this

section is guilty of a felony punishable by imprisonment for not

less than 2 years or more than 7 years, or by a fine of not less

than $1,500.00 or more than $7,000.00, or both.

(3) A person who is convicted of a third or subsequent

violation of this section is guilty of a felony punishable by

imprisonment for not less than 5 years or more than 15 years, or by

a fine of not less than $5,000.00 or more than $15,000.00, or both.

(4) The department may cancel the official state personal

identification card of a person who violates this section. The

person shall return his or her official state personal

identification card upon the request or order of the department.

Sec. 5. (1) A person who intentionally reproduces, alters,

counterfeits, forges, or duplicates an official state personal

identification card photograph, the negative of the photograph, an

official state personal identification card image, an official

state personal identification card, or the electronic data

contained on an official state personal identification card or a

part of an official state personal identification card or who uses

an official state personal identification card, image, or

photograph that has been reproduced, altered, counterfeited,

forged, or duplicated is subject to 1 of the following:

(a) If the intent of reproduction, alteration, counterfeiting,

forging, duplication, or use was to commit or aid in the commission

of an offense that is a felony punishable by imprisonment for 10 or

more years, the person committing the reproduction, alteration,

counterfeiting, forging, duplication, or use is guilty of a felony

punishable by imprisonment for not more than 10 years or a fine of

not more than $20,000.00, or both.

(b) If the intent of the reproduction, alteration,

counterfeiting, forging, duplication, or use was to commit or aid

in the commission of an offense that is a felony punishable by

imprisonment for less than 10 years or a misdemeanor punishable by

imprisonment for 6 months or more, the person committing the

reproduction, alteration, counterfeiting, forging, duplication, or

use is guilty of a felony punishable by imprisonment for not more

than 5 years, or a fine of not more than $10,000.00, or both.

counterfeiting, forging, duplication, or use was to commit or aid

in the commission of an offense that is a misdemeanor punishable by

imprisonment for less than 6 months, the person committing the

reproduction, alteration, counterfeiting, forging, duplication, or

use is guilty of a misdemeanor punishable by imprisonment for not

more than 1 year or a fine of not more than $2,000.00, or both.

(2) A person who sells or possesses with the intent to deliver

to another a reproduced, altered, counterfeited, forged, or

duplicated official state personal identification card photograph,

negative of the photograph, official state personal identification

card image, ~~offical~~ official state personal identification card, or

electronic data contained on an official state personal

identification card or part of an official state personal

identification card, or who possesses 2 or more reproduced,

altered, counterfeited, forged, or duplicated official state

identification card photographs, negatives of the photograph or

photographs, image or images, official state identification card or

cards, or electronic data contained on official state

identification card or cards, is guilty of a felony punishable by

imprisonment for not more than 5 years or a fine of not more than

$10,000.00, or both.

(3) A person who is in possession of an altered,

counterfeited, forged, or duplicated official state personal

identification card photograph, negative of the photograph,

official state personal identification card image, official state

personal identification card, or electronic data contained on an

official state personal identification card or part of an official

state personal identification card is guilty of a misdemeanor

punishable by imprisonment for not more than 1 year or a fine of

not more than $2,000.00, or both.

(4) A person shall not steal or, without the cardholder's

permission, knowingly take or knowingly remove an official state

personal identification card from the person or possession of

another. A person shall not use an official state personal

identification card that is stolen or knowingly taken or knowingly

removed from the person or possession of another. Except as

provided in subsection (5), a person who violates this subsection

is guilty of a misdemeanor, punishable by imprisonment for not more

than 1 year.

(5) A person shall not use an official state personal

identification card in the commission of a felony if the card is

stolen or knowingly taken or knowingly removed from the person or

possession of another. A person who violates this subsection is

guilty of the penalties provided for the felony committed with the

use of the card.

(6) Subsections (2) and (3) do not apply to a person who is in

possession of 1 or more photocopies, reproductions, or duplications

of an official state personal identification card or part of an

official state personal identification card to document the

person's identity for a legitimate business purpose.

(7) Subsections (1)(a) and (b) and (2) do not apply to a minor

whose intent is to violate section 703 of the Michigan liquor

control code of 1998, 1998 PA 58, MCL 436.1703.

(8) The department may cancel the official state personal

identification card of a person who violates this section. The

person shall return his or her official state personal

identification card upon the request or order of the department.

Sec. 7. (1) The secretary of state may provide a commercial

look-up service of records maintained under this act. For each

individual record looked up, the secretary of state shall charge a

fee specified annually by the legislature, or if the legislature

does not specify a fee, a market-based price established by the

secretary of state. The secretary of state shall process a

commercial look-up request only if the request is in a form or

format as prescribed by the secretary of state. Fees collected

under this subsection on and after October 1, 2005 through October

1, ~~2011~~ 2015 shall be credited to the transportation administration

collection fund created in section 810b of the Michigan vehicle

code, 1949 PA 300, MCL 257.810b.

(2) The secretary of state shall establish and maintain a

computerized central file of the information contained on

application forms received under this act. The computerized central

file shall be interfaced with the law enforcement information

network as provided in the C.J.I.S. policy council act, 1974 PA

163, MCL 28.211 to 28.215.

(3) Except as provided in section 10(2), the secretary of

state shall not provide an entire computerized central file or

other file of records maintained under this act to a

nongovernmental person or entity, unless the purchaser pays the

prescribed fee for each individual record contained within the

computerized file.