SB-0955, As Passed Senate, May 15, 2018

SUBSTITUTE FOR

SENATE BILL NO. 955

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, 1a, and 2 (MCL 28.291, 28.291a, and

28.292), section 1 as amended by 2012 PA 25, section 1a as amended

by 2008 PA 31, and section 2 as amended by 2017 PA 31, and by

adding section 2a.

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 (5). The documents required under this subsection shall

include the applicant's full legal name, date of birth, 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~~ 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. If the applicant is a

participant in the address confidentiality program under the

address confidentiality program act, he or she shall provide to the

secretary of state his or her participation card issued under the

address confidentiality program act.

(2) The secretary of state shall accept as 1 of the

identification documents required under subsection (1) an

identification card issued by the department of corrections to

prisoners who are placed on parole or released from a correctional

facility, containing the prisoner's legal name, photograph, and

other information identifying the prisoner as provided in section

37(4) of the corrections code of 1953, 1953 PA 232, MCL 791.237.

(3) The secretary of state shall have electronic access to

prisoner information maintained by the department of corrections

for the purpose of verifying the identity of a prisoner who applies

for an official state identification card under subsection (1).

(4) 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.

(5) 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. 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 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.

(6) The secretary of state shall not disclose a ~~social~~

~~security~~ 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.

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

~~security~~ Social Security number on the person's official state

personal identification card.

(8) A requirement under this section to include a ~~social~~

~~security~~ 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~~ Social Security number.

(9) 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.

(10) 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.

(11) 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. 1a. As used in this act:

(a) "Highly restricted personal information" includes an

individual's photograph or image, ~~social security~~ Social Security

number, digitized signature, and medical and disability information

and source documents presented by an applicant to obtain a personal

identification card under section 1. Highly restricted personal

information also includes the confidential address of an individual

enrolled in the address confidentiality program under the address

confidentiality program act. As used in this subdivision,

"confidential address" means that term as defined in the address

confidentiality program act.

(b) "Personal information" means information that identifies

an individual, including the individual's photograph or image,

name, address (but not the 5-digit zip code), driver license

number, ~~social security~~ Social Security number, telephone number,

digitized signature, and medical and disability information.

home or domicile at which a person legally resides, which meets the

definition of residence as defined in section 11 of the Michigan

election law, 1954 PA 116, MCL 168.11.

(d) "Resident" means every person who resides in this state

and establishes that he or she is legally present in the United

States. This definition applies to the provisions of this act only.

Sec. 2. (1) An official state personal identification card

must contain the following:

(a) An identification number permanently assigned to the

individual to whom the card is issued.

(b) ~~The~~ Except as provided in section 2a, 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 individual.

(ii) Immunization data of the individual.

(iii) Medication data of the individual.

(iv) A statement that the individual 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) If requested by an individual who is a veteran as that

term is defined in section 1 of 1965 PA 190, MCL 35.61, a

designation that the individual is a veteran. The designation shall

be in a style and format considered appropriate by the secretary of

state. The secretary of state shall require proof of discharge or

separation of service from the armed forces of this state, another

state, or the United States, and the nature of that discharge, for

the purposes of verifying an individual's status as a veteran under

this subdivision. The secretary of state shall consult with the

department of military and veterans affairs in determining the

proof that shall be required to identify an individual's status as

a veteran for the purposes of this subsection. The secretary of

state may provide the department of military and veterans affairs

and agencies of the counties of this state that provide veteran

services with information provided by an applicant under this

subsection for the purpose of veterans' benefits eligibility

referral.

(f) 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 described 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

under 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 a space on the official state personal

identification card where the applicant may place a sticker or

decal of a 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 must 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 official

state personal identification card or the renewal of an existing

official state personal identification card issued to an individual

less than 21 years of age must be portrait or vertical in form, and

an official state personal identification card issued to an

individual 21 years of age or over must be landscape or horizontal

in form. Except as otherwise required in this act, other

information required on the official state personal identification

card under this act may appear on the official state personal

identification card in a form prescribed by the secretary of state.

(5) The official state personal identification card must 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 an individual'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. An individual's digital photographic image or

signature must 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 individuals 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 individuals.

(d) For the secretary of state to forward to the department of

state police a digitized photograph taken of the applicant for an

official state personal identification card for use as provided in

section 5c of 1927 PA 372, MCL 28.425c.

(e) As necessary to comply with a law of this state or the

United States.

(7) If an individual 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 individual's official state

personal 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 an individual'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 must

contain information appearing in electronic or machine readable

codes needed to conduct a transaction with the secretary of state.

The information must be limited to the information described in

subsection (1)(a) and (b) except for the person's digital

photographic image and signature or verification and certification,

state of issuance, and other information necessary for use with

electronic devices, machine readers, or automatic teller machines

and must not contain the individual's driving record or other

personal identifier. The official state personal identification

card must identify the encoded information.

(11) An official state personal identification card must be

issued only upon authorization of the secretary of state, and must

be manufactured in a manner to prohibit as nearly as possible the

ability to reproduce, alter, counterfeit, forge, or duplicate the

official state personal 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, must not be used to compensate the secretary of

state for costs incurred and services performed under this section.

(13) An Except as provided in section 2a, an original or

renewal official state personal identification card expires on the

birthday of the individual to whom it is issued in the fourth year

following the date of issuance or on the date the individual 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, the secretary of state may issue a renewal official

state personal identification card for 1 additional 4-year period

by mail or by other methods prescribed by the secretary of state.

The secretary of state shall require renewal in person by an

individual 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) An individual 65 years of age or older.

(b) An individual 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.

as provided in 1978 PA 260, MCL 393.351 to 393.368.

(d) An individual who presents other good cause for a fee

waiver.

(e) An individual who decides to add or remove a heart

insignia described in subsection (1)(d).

(15) An individual who has been issued an official state

personal identification card shall apply for a renewal official

state personal identification card if the individual changes his or

her name.

(16) An individual 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

official state personal identification card by a method prescribed

by the secretary of state. A fee must not be charged for a change

of residence address.

(17) An individual 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 individual wants to change any information on the

official state personal identification card.

(b) An official state personal identification card issued

under this act is lost, destroyed, or mutilated, or becomes

illegible.

(18) An individual 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 individual is deaf.

(19) No later than January 1, 2017, the secretary of state

shall develop and shall, in conjunction with the department of

state police, implement a process using the L.E.I.N. or any other

appropriate system that limits access to law enforcement that

allows law enforcement agencies of this state to access emergency

contact information that the holder of an official state personal

identification card has voluntarily provided to the secretary of

state. As used in this subsection, "emergency contact information"

means the name, telephone number, or address of an individual that

is used for the sole purpose of contacting that individual when the

holder of an official state personal identification card has been

involved in an emergency.

(20) 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 must bear the designation of the individual's emancipated

status in a manner prescribed by the secretary of state.

(21) The secretary of state shall inquire of each individual

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.

An individual who has agreed to participate in the donor registry

is not considered to have revoked that agreement solely because the

individual's official state personal identification card has

expired. Enrollment in the donor registry is 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.

(22) A valid official state personal identification card

presented by the individual to whom the card is issued is

considered the same as a valid state of Michigan driver license

when identification is requested except as otherwise specifically

provided by law.

Sec. 2a. (1) Beginning on February 16, 2021, upon receipt of a

notice from the department of the attorney general that an

individual who has been issued an official state personal

identification card under this act has been certified as a

participant in the address confidentiality program, the secretary

of state shall issue a corrected official state personal

identification card to that individual by mailing the card to his

or her designated address. The official state personal

identification card shall display the individual's designated

address and shall not display the individual's residence address.

(2) An individual who is issued a corrected official state

personal identification card under this section shall destroy his

or her old official state personal identification card and replace

it with the corrected official state personal identification card.

(3) An individual whose certification as a participant in the

address confidentiality program is renewed under the address

confidentiality program act may renew an official state personal

identification card issued under this section upon payment of the

renewal fee under section 292.

(4) As used in this section:

(a) "Address confidentiality program" means a program as that

term is defined in the address confidentiality program act.

(b) "Designated address" means that term as defined in the

address confidentiality program act.

Enacting section 1. This amendatory act takes effect 180 days

after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect

unless Senate Bill No. 655 of the 99th Legislature is enacted into

law.