H.B. 4285 (H-4) & 4541 (H-3): DRIVER’S LICENSES, STATE ID CARDS REVISED COMMITTEE SUMMARY
House Bill 4285 (Substitute H-4 as passed by the House)
House Bill 4541 (Substitute H-3 as passed by the House)
Sponsor: Representative Jan Dolan
Representative Nick Ciaramitaro
House Committee: Transportation
Senate Committee: Government Operations
Date Completed: 4-15-96
House Bill 4285 (H-4) and House Bill 4541 (H-3) would amend the Michigan Vehicle Code and Public Act 222 of 1972 (which provides for an official personal identification card), respectively, to require a “captured image” instead of a photograph to appear on an operator’s or chauffeur’s license or a State personal identification card. The Secretary of State would be prohibited from using this image unless permitted by the person or by law. A law enforcement agency would have access to the information retained by the Secretary of State, which could be used for law enforcement purposes. The bills also provide that a license or card could contain an identifier for voter registration purposes, as well as information in machine readable codes needed to conduct transactions with the Secretary of State.
In addition, the bills would require that until January 1, 2002, a $1 service fee be added to each fee collected for an original or renewal of an operator’s or chauffeur’s license, or a State personal identification card.
The bills would take effect January 1, 1997, and are tie-barred to each other. A more detailed description of the bills follows.
Licensing
Currently, an applicant for an operator’s or chauffeur’s license may be photographed at the time he or she applies for a license. The Secretary of State may purchase or lease the equipment for taking the photographs and must furnish the equipment to a local unit. A photograph must appear on the applicant’s operator’s or chauffeur’s license only, and the photograph, or a copy or negative of it, cannot be retained by the Secretary of State or any other agency.
The bill provides, instead, that an applicant for a license could have his or her image captured or reproduced at the time the license application was made. The Secretary of State would have to
purchase or lease the equipment for capturing the images and could furnish the equipment to a local unit authorized by the Secretary of State to license drivers. A captured image would have to appear on the applicant’s operator’s or chauffeur’s license. The Secretary of State could retain and use a person’s image only for programs he or she administered. Except as provided in the bill, the Secretary of State could not use a person’s image unless the person granted written permission to the Secretary of State or specific enabling legislation permitting the use were enacted into law. A law enforcement agency of the State would have access to any information retained by the Secretary of State by this provision. The information could be used for any law enforcement purpose unless otherwise prohibited by law.
Except for a vehicle group designation or indorsement, the Secretary of State currently may renew by mail an operator’s or chauffeur’s license for one additional four-year period. If a license is renewed by mail, the Secretary of State must issue evidence of renewal, which must be affixed to the previously issued license. This evidence of renewal must be manufactured in the same manner as required in the Code for the operator’s license. The bill would permit a license to be renewed “by other method” as well as by mail. The bill would delete the provision requiring evidence of renewal to be affixed to the previous license and the provision concerning the manufacture of a renewal license.
Service Fee
Under the Code, an examiner must collect a fee and forward it with an application to the Secretary of State. The bill would require that until January 1, 2002, a $1 service fee be added to each fee collected for an original, renewal, duplicate, or corrected operator’s or chauffeur’s license. This fee would have to be deposited in the State Treasury to the credit of the General Fund, and would have to be used to defray the Secretary of State’s expenses. The bill specifies that only General Fund appropriations could be used by the Secretary of State for the expenses incurred under the section of the Code providing for driver’s license applications and examinations.
License Information
The Code requires a license to contain the following information: the distinguishing number permanently assigned to the licensee; and the name, date of birth, address of residence, height, an imprinted photograph, and signature of the licensee. The bill would refer to an “image”, instead of an “imprinted photograph”. In addition, the bill would require a license to contain the following: the licensee’s full name, eye color, and sex, as well as an indication that the license contained one or more of the following: the licensee’s blood type, immunization data, medication data, a statement that the licensee was deaf, a statement that the licensee had made an anatomical gift, and emergency contact information of the licensee. Except as otherwise required in Chapter 3 of the Code (which the bill would amend) other information required on the license pursuant to this chapter could appear on the license in a form prescribed by the Secretary of State. A license could not contain the licensee’s fingerprint or finger image.
Currently, an operator or chauffeur may place on the reverse side of a license his or her blood type, immunization and medication data, a statement that the licensee is deaf, or a statement that the licensee has made an anatomical gift pursuant to provisions in the Public Health Code. The bill would delete the requirement that this information be placed on the reverse side of a license, as well as a requirement that notification of this information appear on the front side of a license. The bill would permit the information, instead, to be indicated in a place designated by the Secretary of State. The bill would permit emergency contact information also to be indicated on the license.
A digitized license could contain an identifier for voter registration purposes. A digitized license also could contain information appearing in electronic or machine readable codes needed to conduct a transaction with the Secretary of State. The information would be limited to the person’s driver license number, birth date, license expiration date, and other information necessary for use with electronic devices, machine readers, or automatic teller machines and could not contain the person’s name, address, driving record, or other personal identifier. The license would have to identify the encoded information.
Violations
The Code establishes misdemeanor penalties for a person who intentionally reproduces, alters, counterfeits, forges, or duplicates a license photograph, the negative of the photograph, or a license or a part of it, or who uses a license or photograph that has been reproduced, altered, counterfeited, forged, or duplicated. The bill would add that a person who intentionally reproduced, altered, counterfeited, forged, or duplicated an image or the electronic data contained on a license or used this image would be subject to the Code’s penalties.
Identification Card
Public Act 222 of 1972 requires an official State personal identification card to contain an identification number permanently assigned to the person and the name, date of birth, sex, residential address, height, weight, eye color, an imprinted photograph, and the signature of the person to whom the identification card is issued. The bill would refer to an “image”, instead of an “imprinted photograph”.
The bill also would require an identification card to indicate that it contained one or more of the following: the person’s blood type, immunization and medication data, a statement that the person was deaf, a statement that the person had made an anatomical gift, and emergency contact information of the person. Except as otherwise required in the Act, other information required on the identification card pursuant to the Act could appear on the identification card in a form prescribed by the Secretary of State. The card could not contain an applicant’s fingerprint or finger image.
The Secretary of State could retain and use a person’s image only for programs that he or she administered. Except as provided in the bill, the Secretary of State could not use a person’s image unless that person granted written permission to the Secretary of State or specific enabling legislation permitting the use were enacted into law. A State law enforcement agency would have access to any information retained by the Secretary of State under this provision. The information could be used for any law enforcement purpose unless otherwise prohibited by law.
An official identification card could contain an identifier for voter registration purposes, and could contain information appearing in electronic or machine readable codes needed to conduct a transaction with the Secretary of State. The information would 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 could not contain the person’s name, address, driving record, or other personal identifier. The identification card would have to identify the encoded information.
The bill would delete provisions concerning time periods for renewing an identification card, and permit a person to apply for a card’s renewal by mail or by other methods prescribed by the Secretary of State.
A person could 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, a statement that a person was deaf, or a statement that the person had made an anatomical gift pursuant to the Public Health Code.
If an applicant provided proof to the Secretary of State that he or she was a minor who had been emancipated pursuant to the emancipation of minors Act, the official State personal identification card would have to designate the person’s emancipated status in a manner prescribed by the Secretary of State.
Service Fee
Currently, an applicant must pay to the Secretary of State a $6 fee for each original or replacement identification card. The bill would delete reference to a replacement card and specify, instead, a renewal card.
The bill would require, until January 1, 2002, a $1 service fee to be added to each fee collected for an original or renewal identification card. The Treasury Department would have to deposit the fees in the State Treasury to the credit of the General Fund. The bill would require the Legislature to appropriate the fees to the Secretary of State for the Act’s administration, and specifies that only General Fund appropriations could be used by the Secretary of State for the expenses incurred by the section providing for the issuance of State personal identification cards.
MCL 257.307 & 257.310 (H.B. 4285) Legislative Analyst: L. Arasim MCL 28.292 (H.B. 4541)
The bills would result in additional revenue of approximately $2 million annually until January 1, 2002.
The Department of State estimates that the service fee over time would cover the cost of implementing the digitized license program. Fiscal year 1996-97 implementation costs are estimated at $3.7 million. However, actual costs incurred each fiscal year would depend on the contract and the timing of implementation. Therefore, costs could exceed fee revenues during certain fiscal years.
Fiscal Analyst: B. Bowerman
S9596\S4285SB
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.