SB-0494, As Passed House, September 27, 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.
(c) With the department of community health, for comparison
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.
(c) Provide fraudulent document recognition programs to
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.
(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
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.
(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 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.
(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).
(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.
(c) 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 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.