SENATE BILL No. 494

 

 

June 16, 2011, Introduced by Senator PAVLOV 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 and 2 (MCL 28.291 and 28.292), section 1 as

 

amended by 2008 PA 31 and section 2 as amended by 2008 PA 40.

 

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 documents demonstrating his or her

 

legal presence that he or she is authorized under federal law to be

 

present 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. 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.