April 19, 2018, Introduced by Senator JONES and referred to the Committee on Judiciary.
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 1a and 2 (MCL 28.291a and 28.292), 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. 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.
(c) "Residence address" means the place that is the settled
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.
(c) An indication that the identification card contains 1 or
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.
(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 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.
(c) For the secretary of state to forward to the department of
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.
(c) An individual who presents evidence of statutory blindness
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) 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 section 5(8) of
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 section 3 of the address confidentiality program
act.
(b) "Designated address" means that term as defined in section
3 of 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.