HOUSE BILL No. 4635
April 15, 1997, Introduced by Reps. Bankes, Brackenridge, Dobb, Hammerstrom, Bodem, Baade, Lowe, McBryde, Martinez, McManus, Dalman, Oxender, Goschka, Bogardus, Richner and Perricone and referred to the Committee on Commerce. 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 provide for certain duties of the secretary of state; and to prescribe certain penal- ties for violations," by amending sections 2 and 3 (MCL 28.292 and 28.293), section 2 as amended by 1996 PA 204. 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. 00050'97 TJS 2 1 (c) An indication that the identification card contains 1 or 2 more of the following: 3 (i) The blood type of the person. 4 (ii) Immunization data of the person. 5 (iii) Medication data of the person. 6 (iv) A statement that the person is deaf. 7 (v) A statement that the person has made an anatomical 8 gift. 9 (vi) Emergency contact information of the person. 10 (2) The secretary of state shall prescribe the form of the 11 identification card. Except as otherwise required in this chap- 12 ter, other information required on the identification card pursu- 13 ant to this act may appear on the identification card in a form 14 prescribed by the secretary of state. 15 (3) The identification card shall not contain a fingerprint 16 or finger image of the applicant. 17 (4) The secretary of state may retain and use a person's 18 image described in subsection (1)(b) only for programs adminis- 19 tered by the secretary of state. Except as provided in this sub- 20 section, the secretary of state shall not use a person's image 21 unless written permission for that purpose is granted by the 22 person to the secretary of state or specific enabling legislation 23 permitting the use is enacted into law. A law enforcement agency 24 of this state shall have access to any information retained by 25 the secretary of state under this subsection. The information 26 may be utilized for any law enforcement purpose unless otherwise 27 prohibited by law. 00050'97 3 1 (5) If a person presents evidence of statutory blindness as 2 provided in Act No. 260 of the Public Acts of 1978, being sec- 3 tions 393.351 to 393.368 of the Michigan Compiled Laws 1978 4 PA 260, MCL 393.351 TO 393.368, and is issued or is the holder of 5 an official state personal identification card, the secretary of 6 state shall mark the person's identification card in a manner 7 that clearly indicates that the cardholder is legally blind. 8 (6) If the secretary of state issues an official state per- 9 sonal identification card to a person who at the time of applica- 10 tion is 20-1/2 years of age or less, the secretary of state shall 11 mark the person's identification card in a manner that clearly 12 indicates that the cardholder is less than 21 years of age. 13 (7) An official state personal identification card may con- 14 tain an identifier for voter registration purposes. An official 15 state personal identification card may contain information 16 appearing in electronic or machine readable codes needed to con- 17 duct a transaction with the secretary of state. The information 18 shall be limited to the person's identification card number, 19 birth date, expiration date, and other information necessary for 20 use with electronic devices, machine readers, or automatic teller 21 machines and shall not contain the person's name, address, driv- 22 ing record, or other personal identifier. The identification 23 card shall identify the encoded information. 24 (8) An official state personal identification card shall be 25 issued only upon authorization of the secretary of state, and 26 shall be manufactured in a manner to prohibit as nearly as 00050'97 4 1 possible the ability to reproduce, alter, counterfeit, forge, or 2 duplicate the identification card without ready detection. 3 (9) The secretary of state shall not issue an official state 4 personal identification card to a person who holds an operator's 5 or chauffeur's license issued pursuant to the Michigan vehicle 6 code, Act No. 300 of the Public Acts of 1949, being sections 7 257.1 to 257.923 of the Michigan Compiled Laws 1949 PA 300, 8 MCL 257.1 TO 257.923, unless the license has been suspended, 9 revoked, or restricted. 10 (10) Except as otherwise provided in this act, an applicant 11 shall pay a fee of $6.00 to the secretary of state for each orig- 12 inal or renewal identification card issued. Until January 1, 13 2002, a service fee of $1.00 shall be added to each fee collected 14 for an original or renewal identification card. The department 15 of treasury shall deposit the fees received and collected under 16 this section in the state treasury to the credit of the general 17 fund. The legislature shall appropriate the fees credited to the 18 general fund under this act to the secretary of state for the 19 administration of this act. Appropriations from the Michigan 20 transportation fund shall not be used to compensate the secretary 21 of state for costs incurred and services performed under this 22 section. 23 (11) An original or renewal official state personal identi- 24 fication card shall expire on the birthday of the person to whom 25 it is issued in the fourth year following the date of issuance. 26 The secretary of state shall not issue an official state personal 27 identification card under this act for a period greater than 4 00050'97 5 1 years. A person may apply for a renewal of an official state 2 personal identification card by mail or by other methods pre- 3 scribed by the secretary of state. 4 (12) The secretary of state shall waive the fee under this 5 section if the applicant is a person 65 years of age or older, is 6 a person who has had his or her operator's or chauffeur's license 7 suspended, revoked, or denied under Act No. 300 of the Public 8 Acts of 1949 PA 300, MCL 257.1 TO 257.923, because of a mental 9 or physical infirmity or disability, or is a person who presents 10 evidence of statutory blindness as provided in Act No. 260 of 11 the Public Acts of 1978 PA 260, MCL 393.351 TO 393.368. 12 (13) A person who has been issued an official state personal 13 identification card shall apply for a renewal official state per- 14 sonal identification card if the person changes his or her name. 15 (14) A person who has been issued an official state personal 16 identification card shall apply for a corrected identification 17 card if he or she changes his or her residential address. The 18 secretary of state may correct the address on an identification 19 card by a method prescribed by the secretary of state. A fee 20 shall not be charged for a change of residential address. 21 (15) Except as otherwise provided in subsections (13) and 22 (14), a person who has been issued an official state personal 23 identification card may apply for a renewal official state per- 24 sonal identification card for 1 or more of the following 25 reasons: 26 (a) The person wants to change any information on the 27 identification card. 00050'97 6 1 (b) An identification card issued under this act is lost, 2 destroyed, mutilated, or becomes illegible. 3 (16) The secretary of state shall establish and maintain a 4 computerized central file of the information contained on appli- 5 cation forms received under this act. The computerized central 6 file shall be interfaced with the law enforcement information 7 network as provided in the L.E.I.N. policy council act of 1974, 8 Act No. 163 of the Public Acts of 1974, being sections 28.211 to 9 28.216 of the Michigan Compiled Laws 1974 PA 163, MCL 28.211 TO 10 28.216. 11 (17) A person may indicate on an official state personal 12 identification card in a place designated by the secretary of 13 state his or her blood type, emergency contact information, immu- 14 nization data, medication data, a statement that the person is 15 deaf, or a statement that the person has made an anatomical gift 16 pursuant to part 101 of the public health code, Act No. 368 of 17 the Public Acts of 1978, being sections 333.10101 to 333.10109 of 18 the Michigan Compiled Laws 1978 PA 368, MCL 333.10101 TO 19 333.10109. 20 (18) If an applicant provides proof to the secretary of 21 state that he or she is a minor who has been emancipated pursuant 22 to Act No. 293 of the Public Acts of 1968, being sections 722.1 23 to 722.6 of the Michigan Compiled Laws 1968 PA 293, MCL 722.1 TO 24 722.6, the official state personal identification card shall bear 25 the designation of the individual's emancipated status in a 26 manner prescribed by the secretary of state. 00050'97 7 1 (19) A VALID OFFICIAL STATE PERSONAL IDENTIFICATION CARD 2 PRESENTED BY THE PERSON TO WHOM THE CARD IS ISSUED SHALL BE 3 CONSIDERED THE SAME AS A VALID STATE OF MICHIGAN DRIVER LICENSE 4 WHEN IDENTIFICATION IS REQUESTED. 5 Sec. 3. (1) A person who shall falsely represent 6 REPRESENTS information upon application for an official state 7 personal identification card is guilty of a misdemeanor FELONY 8 PUNISHABLE BY IMPRISONMENT FOR NOT LESS THAN 1 YEAR BUT NOT MORE 9 THAN 5 YEARS, OR BY A FINE OF NOT LESS THAN $500.00 BUT NOT MORE 10 THAN $5,000.00, OR BOTH. 11 (2) A PERSON WHO IS CONVICTED OF A SECOND VIOLATION OF THIS 12 SECTION IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT 13 LESS THAN 2 YEARS OR MORE THAN 7 YEARS, OR BY A FINE OF NOT LESS 14 THAN $1,500.00 OR MORE THAN $7,000.00, OR BOTH. 15 (3) A PERSON WHO IS CONVICTED OF A THIRD OR SUBSEQUENT VIO- 16 LATION OF THIS SECTION IS GUILTY OF A FELONY PUNISHABLE BY 17 IMPRISONMENT FOR NOT LESS THAN 5 YEARS OR MORE THAN 15 YEARS, OR 18 BY A FINE OF NOT LESS THAN $5,000.00 OR MORE THAN $15,000.00, OR 19 BOTH. 20 Enacting section 1. This amendatory act takes effect 21 January 1, 1998. 00050'97 Final page. TJS