SENATE BILL NO. 570 May 4, 1999, Introduced by Senator GOUGEON and referred to the Committee on Families, Mental Health and Human Services. 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 pre- scribe the powers and duties of the secretary of state; to pre- scribe fees; and to prescribe certain penalties for violations," by amending section 2 (MCL 28.292), as amended by 1998 PA 118. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 2. (1) The official state personal identification card 2 shall contain the following: 3 (a) An identification number permanently assigned to the 4 person. 5 (b) The full name, date of birth, sex, residential address, 6 height, weight, eye color, image, and signature of the person to 7 whom the identification card is issued. 8 (c) An indication that the identification card contains 1 or 9 more of the following: 01420'99 JOJ 2 1 (i) The blood type of the person. 2 (ii) Immunization data of the person. 3 (iii) Medication data of the person. 4 (iv) A statement that the person is deaf. 5 (v) A statement that the person is an organ and tissue donor 6 pursuant to part 101 of the public health code, 1978 PA 368, MCL 7 333.10101 to 333.10109. If the identification card contains such 8 a statement, the statement shall include the signature of the 9 person, along with the signature of at least 1 witness. 10 (vi) Emergency contact information of the person. 11 (2) In conjunction with the issuance of an official state 12 personal identification card, the secretary of state shall do all 13 of the following: 14 (a) Provide the applicant with all of the following: 15 (i) Written information explaining the applicant's right to 16 make an anatomical gift in the event of death pursuant to part 17 101 of the public health code, 1978 PA 368, MCL 333.10101 to 18 333.10109, and in accordance with this section. 19 (ii) Written information describing the organ donation reg- 20 istry program maintained by Michigan's federally designated organ 21 procurement organization or its successor organization. The 22 written information required under this subparagraph shall 23 include, in a type size and format that is conspicuous in rela- 24 tion to the surrounding material, the address and telephone 25 number of Michigan's federally designated organ procurement 26 organization or its successor organization, along with an 27 advisory to call Michigan's federally designated organ 01420'99 3 1 procurement organization or its successor organization with 2 questions about the organ donor registry program. 3 (iii) Written information giving the applicant the opportu- 4 nity to have his or her name placed on the organ donor registry 5 described in subparagraph (ii). 6 (b) Provide the applicant with the opportunity to specify on 7 his or her official state personal identification card that he or 8 she is willing to make an anatomical gift in the event of death 9 pursuant to part 101 of the public health code, 1978 PA 368, MCL 10 333.10101 to 333.10109, and in accordance with this section. 11 (c) Inform the applicant in writing that, if he or she indi- 12 cates to the secretary of state under this section a willingness 13 to have his or her name placed on the organ donor registry 14 described in subdivision (a)(ii), the secretary of state will 15 forward the applicant's name and address to the organ donation 16 registry maintained by Michigan's federally designated organ pro- 17 curement organization or its successor organization, pursuant to 18 subsection (4). 19 (3) The secretary of state may fulfill the requirements of 20 subsection (2) by 1 or more of the following methods: 21 (a) Providing printed material enclosed with a mailed notice 22 for the issuance or renewal of an official state personal identi- 23 fication card. 24 (b) Providing printed material to an applicant who person- 25 ally appears at a secretary of state branch office. 26 (c) Through electronic information transmittals for 27 applications processed by electronic means. 01420'99 4 1 (4) If an applicant indicates a willingness under this 2 section to have his or her name placed on the organ donor regis- 3 try described in subsection (2)(a)(ii), the secretary of state 4 shall within 10 days forward the applicant's name and address to 5 the organ donor registry maintained by Michigan's federally des- 6 ignated organ procurement organization or its successor 7 organization. The secretary of state may forward information 8 under this subsection by mail or by electronic means. The secre- 9 tary of state shall not maintain a record of the name or address 10 of an individual who indicates a willingness to have his or her 11 name placed on the organ donor registry after forwarding that 12 information to the organ donor registry under this subsection. 13 Information about an applicant's indication of a willingness to 14 have his or her name placed on the organ donor registry obtained 15 by the secretary of state under subsection (2) and forwarded 16 under this subsection is exempt from disclosure under the freedom 17 of information act, 1976 PA 442, MCL 15.231 to 15.246, pursuant 18 to section 13(1)(d) of the freedom of information act, 1976 PA 19 442, MCL 15.243. 20 (5) The secretary of state shall prescribe the form of the 21 identification card. Except as otherwise required in this act, 22 other information required on the identification card pursuant to 23 this act may appear on the identification card in a form pre- 24 scribed by the secretary of state. 25 (6) The identification card shall not contain a fingerprint 26 or finger image of the applicant. 01420'99 5 1 (7)TheEXCEPT AS PROVIDED IN THIS SUBSECTION, THE 2 secretary of state may retain and use a person's image described 3 in subsection (1)(b) only for programs administered by the secre- 4 tary of state. Except as provided in this subsection, the secre- 5 tary of state shall not use a person's image unless written per- 6 mission for that purpose is granted by the person to the secre- 7 tary of state or specific enabling legislation permitting the use 8 is enacted into law. A law enforcement agency of this state 9 shall have access to any information retained by the secretary of 10 state under this subsection. The information may be utilized for 11 any law enforcement purpose unless otherwise prohibited by law. 12 THE DEPARTMENT OF STATE POLICE SHALL PROVIDE TO THE SECRETARY OF 13 STATE UPDATED LISTS OF PERSONS REQUIRED UNDER SECTION 5A OF THE 14 SEX OFFENDERS REGISTRATION ACT, 1994 PA 295, MCL 28.725A, TO 15 MAINTAIN A VALID OPERATOR'S OR CHAUFFEUR'S LICENSE OR AN OFFICIAL 16 STATE PERSONAL IDENTIFICATION CARD AND THE SECRETARY OF STATE 17 SHALL MAKE IMAGES OF THOSE PERSONS AVAILABLE TO THE DEPARTMENT OF 18 STATE POLICE AS PROVIDED IN THE SEX OFFENDERS REGISTRATION ACT, 19 1994 PA 295, MCL 28.721 TO 28.732. 20 (8) If a person presents evidence of statutory blindness as 21 provided in 1978 PA 260, MCL 393.351 to 393.368, and is issued or 22 is the holder of an official state personal identification card, 23 the secretary of state shall mark the person's identification 24 card in a manner that clearly indicates that the cardholder is 25 legally blind. 26 (9) If the secretary of state issues an official state 27 personal identification card to a person who at the time of 01420'99 6 1 application is 20-1/2 years of age or less, the secretary of 2 state shall mark the person's identification card in a manner 3 that clearly indicates that the cardholder is less than 21 years 4 of age. 5 (10) An official state personal identification card may con- 6 tain an identifier for voter registration purposes. An official 7 state personal identification card may contain information 8 appearing in electronic or machine readable codes needed to con- 9 duct a transaction with the secretary of state. The information 10 shall be limited to the person's identification card number, 11 birth date, expiration date, and other information necessary for 12 use with electronic devices, machine readers, or automatic teller 13 machines and shall not contain the person's name, address, driv- 14 ing record, or other personal identifier. The identification 15 card shall identify the encoded information. 16 (11) An official state personal identification card shall be 17 issued only upon authorization of the secretary of state, and 18 shall be manufactured in a manner to prohibit as nearly as possi- 19 ble the ability to reproduce, alter, counterfeit, forge, or 20 duplicate the identification card without ready detection. 21 (12) Except as otherwise provided in this act, an applicant 22 shall pay a fee of $6.00 to the secretary of state for each orig- 23 inal or renewal identification card issued. Until January 1, 24 2002, a service fee of $1.00 shall be added to each fee collected 25 for an original or renewal identification card. The department 26 of treasury shall deposit the fees received and collected under 27 this section in the state treasury to the credit of the general 01420'99 7 1 fund. The legislature shall appropriate the fees credited to the 2 general fund under this act to the secretary of state for the 3 administration of this act. Appropriations from the Michigan 4 transportation fund shall not be used to compensate the secretary 5 of state for costs incurred and services performed under this 6 section. 7 (13) An original or renewal official state personal identi- 8 fication card shall expire on the birthday of the person to whom 9 it is issued in the fourth year following the date of issuance. 10 The secretary of state shall not issue an official state personal 11 identification card under this act for a period greater than 4 12 years.AEXCEPT AS PROVIDED IN THIS SUBSECTION, A person may 13 apply for a renewal of an official state personal identification 14 card by mail or by other methods prescribed by the secretary of 15 state. THE SECRETARY OF STATE SHALL REQUIRE RENEWAL IN PERSON BY 16 A PERSON REQUIRED UNDER SECTION 5A OF THE SEX OFFENDERS REGISTRA- 17 TION ACT, 1994 PA 295, MCL 28.725A, TO MAINTAIN A VALID 18 OPERATOR'S OR CHAUFFEUR'S LICENSE OR OFFICIAL STATE PERSONAL 19 IDENTIFICATION CARD. 20 (14) The secretary of state shall waive the fee under this 21 section if the applicant is a person 65 years of age or older, is 22 a person who has had his or her operator's or chauffeur's license 23 suspended, revoked, or denied under the Michigan vehicle code, 24 1949 PA 300, MCL 257.1 to 257.923, because of a mental or physi- 25 cal infirmity or disability, is a person who presents evidence of 26 statutory blindness as provided in 1978 PA 260, MCL 393.351 to 01420'99 8 1 393.368, or is a person who presents other good cause for a fee 2 waiver. 3 (15) A person who has been issued an official state personal 4 identification card shall apply for a renewal official state per- 5 sonal identification card if the person changes his or her name. 6 (16) A person who has been issued an official state personal 7 identification card shall apply for a corrected identification 8 card if he or she changes his or her residential address. The 9 secretary of state may correct the address on an identification 10 card by a method prescribed by the secretary of state. A fee 11 shall not be charged for a change of residential address. 12 (17) Except as otherwise provided in subsections (15) and 13 (16), a person who has been issued an official state personal 14 identification card may apply for a renewal official state per- 15 sonal identification card for 1 or more of the following 16 reasons: 17 (a) The person wants to change any information on the iden- 18 tification card. 19 (b) An identification card issued under this act is lost, 20 destroyed, or mutilated, or becomes illegible. 21 (18) A person may indicate on an official state personal 22 identification card in a place designated by the secretary of 23 state his or her blood type, emergency contact information, immu- 24 nization data, medication data, a statement that the person is 25 deaf, or a statement that the person has made an anatomical gift 26 pursuant to part 101 of the public health code, 1978 PA 368, 27 MCL 333.10101 to 333.10109. 01420'99 9 1 (19) If an applicant provides proof to the secretary of 2 state that he or she is a minor who has been emancipated pursuant 3 to 1968 PA 293, MCL 722.1 to 722.6, the official state personal 4 identification card shall bear the designation of the 5 individual's emancipated status in a manner prescribed by the 6 secretary of state. 7 (20) A valid official state personal identification card 8 presented by the person to whom the card is issued shall be con- 9 sidered the same as a valid state of Michigan driver license when 10 identification is requested except as otherwise specifically pro- 11 vided by law. 12 Enacting section 1. This amendatory act takes effect 13 September 1, 1999. 14 Enacting section 2. This amendatory act does not take 15 effect unless Senate Bill No. 566 16 of the 90th Legislature is enacted into 17 law. 01420'99 Final page. JOJ