March 1, 2005, Introduced by Reps. Stahl, Hoogendyk, Nofs, Hummel, Shaffer, Gosselin, Stakoe, Accavitti, Taub, Elsenheimer, Van Regenmorter, Spade, Sheen, Lipsey, Robertson, Schuitmaker, Casperson, Moolenaar, Walker, Pearce and Lemmons, III and referred to the Committee on Regulatory Reform.
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 section 2 (MCL 28.292), as amended by 2003 PA 143.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. (1) The official state personal identification card
shall contain the following:
(a) An identification number permanently assigned to the
person.
(b) The full name, date of birth, sex, residential address,
height, weight, eye color, image, and signature of the person to
whom the identification card is issued.
(c) An indication that the identification card contains 1 or
more of the following:
(i) The blood type of the person.
(ii) Immunization data of the person.
(iii) Medication data of the person.
(iv) A statement that the person is deaf.
(v) A statement that the person is an organ and tissue donor
pursuant
to under part 101 of the public health code, 1978 PA 368,
MCL 333.10101 to 333.10109. If the identification card contains
such a statement, the statement shall include the signature of the
person, along with the signature of at least 1 witness.
(vi) Emergency contact information of the person.
(d) Beginning July 1, 2003, in the case of a person who is
less than 18 years of age at the time of issuance of the
identification card, the dates on which the person will become 18
years of age and 21 years of age.
(e) Beginning July 1, 2003, in the case of a person who is at
least 18 years of age but less than 21 years of age at the time of
issuance of the identification card, the date on which the person
will become 21 years of age.
(2) In conjunction with the issuance of 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) Written information explaining the applicant's right to
make
an anatomical gift in the event of death pursuant to under
part 101 of the public health code, 1978 PA 368, MCL 333.10101 to
333.10109, and in accordance with this section.
(ii) Written information describing the organ donation registry
program maintained by Michigan's federally designated organ
procurement organization or its successor organization. The written
information required under this subparagraph shall include, in a
type size and format that is conspicuous in relation to the
surrounding material, the address and telephone number of
Michigan's federally designated organ procurement organization or
its successor organization, along with an advisory to call
Michigan's federally designated organ procurement organization or
its successor organization with questions about the organ donor
registry program.
(iii) Written information giving the applicant the opportunity
to have his or her name placed on the organ donor 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
pursuant
to under part 101 of the public health code, 1978 PA 368,
MCL 333.10101 to 333.10109, and in accordance with this section.
(c) Inform the applicant in writing 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 organ donor
registry described in subdivision (a)(ii), the secretary of state
will forward the applicant's name and address to the organ donation
registry maintained by Michigan's federally designated organ
procurement organization or its successor organization, pursuant to
subsection (4).
(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) If an applicant indicates a willingness under this section
to have his or her name placed on the organ donor registry
described in subsection (2)(a)(ii), the secretary of state shall
within 10 days forward the applicant's name and address to the
organ donor registry maintained by Michigan's federally designated
organ procurement organization or its successor organization. The
secretary of state may forward information under this subsection by
mail or by electronic means. The secretary of state shall not
maintain a record of the name or address of an individual who
indicates a willingness to have his or her name placed on the organ
donor registry after forwarding that information to the organ donor
registry under this subsection. Information about an applicant's
indication of a willingness to have his or her name placed on the
organ donor registry obtained by the secretary of state under
subsection (2) and forwarded under this subsection is exempt from
disclosure
under the freedom of information act, 1976 PA 442, MCL
15.231
to 15.246, pursuant to section 13(1)(d) of the freedom of
information act, 1976 PA 442, MCL 15.243.
(5) The secretary of state shall prescribe the form of the
identification card. The secretary of state shall designate on the
identification card a space where the applicant may place a sticker
or decal of the 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 shall 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. Beginning on and after
July 1, 2003, an original identification card or the renewal of an
existing identification card issued to a person less than 21 years
of age shall be portrait or vertical in form and an identification
card issued to a person 21 years of age or over shall be landscape
or horizontal in form. Except as otherwise required in this act,
other information required on the identification card pursuant to
this act may appear on the identification card in a form prescribed
by the secretary of state.
(6) The identification card shall not contain a fingerprint or
finger image of the applicant.
(7) Except as provided in this subsection, the secretary of
state may retain and use a person's image and signature described
in subsection (1)(b) only for programs administered by the
secretary of state. Except as provided in this subsection, the
secretary of state shall not use a person's image unless written
permission for that purpose is granted by the person to the
secretary of state or specific enabling legislation permitting the
use is enacted into law. A law enforcement agency of this state
shall have access to any information retained by the secretary of
state under this subsection. The information may be utilized for
any law enforcement purpose unless otherwise prohibited by law. The
department of state police shall provide to the secretary of state
updated lists of persons 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 an official state
personal identification card and the secretary of state shall make
images of those persons available to the department of state police
as provided in the sex offenders registration act, 1994 PA 295, MCL
28.721 to 28.732.
(8) If a person 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 person's identification card
in a manner that clearly indicates that the cardholder is legally
blind.
(9) Until July 1, 2003, if the secretary of state issues an
official state personal identification card to a person who at the
time of application is 20-1/2 years of age or less, the secretary
of state shall mark the person's identification card in a manner
that clearly indicates that the cardholder is less than 21 years of
age.
(10) An official state personal identification card may
contain an identifier for voter registration purposes. An official
state personal identification card may contain information
appearing in electronic or machine readable codes needed to conduct
a transaction with the secretary of state. The information shall 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 shall not contain the person's name, address, driving record,
or other personal identifier. The identification card shall
identify the encoded information.
(11) An official state personal identification card shall be
issued only upon authorization of the secretary of state, and shall
be manufactured in a manner to prohibit as nearly as possible the
ability to reproduce, alter, counterfeit, forge, or duplicate the
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 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 shall not be used to compensate the
secretary of state for costs incurred and services performed under
this section.
(13) An original or renewal official state personal
identification
card shall expire expires
on the birthday of the
person to whom it is issued in the fourth year following the date
of issuance. 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, a
person may apply for a renewal of an official state personal
identification card by mail or by other methods prescribed by the
secretary of state. The secretary of state shall require renewal in
person by a person 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 a person 65 years of age or older, is a
person 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, is a person who presents evidence of
statutory blindness as provided in 1978 PA 260, MCL 393.351 to
393.368, or is a person who presents other good cause for a fee
waiver.
(15) A person who has been issued an official state personal
identification card shall apply for a renewal official state
personal identification card if the person changes his or her name.
(16) A person 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 residential address. The secretary
of state may correct the address on an identification card by a
method prescribed by the secretary of state. A fee shall not be
charged for a change of residential address.
(17) Except as otherwise provided in subsections (15) and
(16), a person 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 person wants to change any information on the
identification card.
(b) An identification card issued under this act is lost,
destroyed, or mutilated, or becomes illegible.
(18) A person 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, a statement that the person is deaf, or a
statement
that the person has made an anatomical gift pursuant to
under part 101 of the public health code, 1978 PA 368, MCL
333.10101 to 333.10109.
(19) If an applicant provides proof to the secretary of state
that
he or she is a minor who has been emancipated pursuant to
under 1968 PA 293, MCL 722.1 to 722.6, the official state personal
identification card shall bear the designation of the individual's
emancipated status in a manner prescribed by the secretary of
state.
(20) A valid official state personal identification card
presented by the person to whom the card is issued shall be
considered the same as a valid state of Michigan driver license
when identification is requested except as otherwise specifically
provided by law.
(21) Beginning on the effective date of the amendatory act
that added this subsection, the secretary of state, upon being
notified that an individual who has been issued either a Michigan
operator's or chauffeur's license or an official state personal
identification card has been convicted of a violation of section
625 or 625m of the Michigan vehicle code, 1949 PA 300, MCL 257.625
and 257.625m, shall revoke the official state personal
identification card and only reissue an official state personal
identification card that is portrait or vertical in form. The
portrait or vertical official state personal identification card
shall be carried 1 year after the date the person is convicted for
a first time for a violation of section 625 or 625m of the Michigan
vehicle code, 1949 PA 300, MCL 257.625 and 257.625m; 2 years after
the date the person is convicted for a second time of a violation
of section 625 or 625m of the Michigan vehicle code, 1949 PA 300,
MCL 257.625 and 257.625m; or 5 years after a third or subsequent
conviction of a violation of section 625 of 625m of the Michigan
vehicle code, 1949 PA 300, MCL 257.625 and 257.625m. However, if
the individual is less than 21 years of age at the time he or she
is convicted, the time periods prescribed under this subsection
begin on that individual's twenty-first birthday.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 4416(request no.
00080'05).
(b) Senate Bill No.____ or House Bill No. 4417(request no.
00080'05 a).