SB-0654, As Passed House, February 27, 2008

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 654

     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), sections 1 and 2 as amended by 2005 PA 143 and section 1a

as added by 1997 PA 99.

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 attesting to

his or her age or other nonphotographic identity document, and

other sufficient documents or identification 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 (3). The documents required under this subsection shall

include the applicant's full legal name, date of birth, and 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, and, beginning January 1, 2007, intent to be an organ

donor, and 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 number.

The applicant may provide a mailing address if the applicant

receives mail at an address different from his or her residence

address.

     (2) 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.

     (3) If the applicant is not a citizen of the United States,

the applicant shall provide documents demonstrating his or her

legal presence in the United States. A person legally present in

the United States includes, but is not limited to, a person

authorized by the United States government for employment in the

United States, a person with nonimmigrant status authorized under

federal law, and a person who is the beneficiary of an approved

immigrant visa petition or an approved labor certification. The

secretary of state shall 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.

     (4) The secretary of state shall not disclose a 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.

     (c) With the department of community health, for comparison

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.

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

security number on the person's official state personal

identification card.

     (6) A requirement under this section to include a 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 number.

     (7) 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.

     (8) 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.

     (9) 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.

     (c) Provide fraudulent document recognition programs to

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 number, digitized

signature, and medical and disability information and source

documents presented by an applicant to obtain a personal

identification card under section 1.

     (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 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) The official state personal identification card

shall contain the following:

     (a) An identification number permanently assigned to the

person.

     (b) The full legal name, date of birth, sex, residential

residence address, height, weight, eye color, digital photographic

image, and signature of the person to whom the identification card

is issued applicant, 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 person.

     (ii) Immunization data of the person.

     (iii) Medication data of the person.

     (iv) A statement that the person is deaf.

     (v) Until January 1, 2007, a statement that the person is an

organ and tissue donor 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.

     (vii) A sticker or decal as specified by the secretary of state

to indicate that the holder of the official state personal

identification card 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, or a statement that he

or she carries an emergency medical information card, as described

in subsection (5).

     (d) 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) In the case of a person who is not less than 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.

(d) (f) Beginning January 1, 2007, in In the case of a holder

of an official state personal identification card who has indicated

his or her wish to participate in the organ and tissue donor

registry under part 101 of the public health code, 1978 PA 368, MCL

333.10101 to 333.10109, a heart insignia on the front of the

official state personal identification card.

     (e) 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 or, until January

1, 2007, 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) 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 333.10109, and in

accordance with this section.

     (ii) Information describing the organ, tissue, and eye donor

registry program maintained by Michigan's federally designated

organ procurement organization or its successor organization. The

information required under this subparagraph includes the address

and telephone number of Michigan's federally designated organ

procurement organization or its successor organization.

     (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

pursuant to 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 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 registry described in subdivision (a)(ii),

the secretary of state will mark the applicant's record for the

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) Until January 1, 2007, if an applicant indicates a

willingness under this section to have his or her name placed on

the registry described in subsection (2)(a)(ii), the secretary of

state shall within 10 days forward the applicant's name, address,

and date of birth 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 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. 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 under 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 shall retain and use a person'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. Except as provided in this subsection, the

secretary of state shall not use a person's image unless written

Senate Bill No. 654 (H-1) as amended February 27, 2008

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. A person's digital photographic image or

signature shall 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) The secretary of state shall forward to the department of

state police the images of persons 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 persons.

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

United States.

     (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) Beginning January 1, 2007, the The secretary of state

shall maintain a record of an individual who indicates a

willingness to have his or her name placed on the registry

described in subsection (2)(a)(ii). Information about a person's

indication of a willingness to have his or her name placed on the

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. The

secretary of state shall establish and maintain the organ, tissue,

and eye donor registry in a manner that provides electronic access,

including, but not limited to, the transfer of data to this state's

federally designated organ procurement organizations, their

successor organizations, and tissue and eye banks with limitations

on the use of and access to the donor registry as determined by the

secretary of state.

     (10) An official state personal identification card may

contain an identifier for voter registration purposes.

     (11) An official state personal identification card may shall

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, full legal name, date of

transaction, gender, address, state of issuance, 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.

     (12) (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.

(13) (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 created under section 10 of 1951 PA 51, MCL

247.660, shall not be used to compensate the secretary of state for

costs incurred and services performed under this section.

(14) (13) An original or renewal official state personal

identification card expires on the birthday of the person to whom

it is issued in the fourth year following the date of issuance or

on the date the person 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, 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.

(15) (14) The secretary of state shall waive the fee under

this section if the applicant is any of the following:

     (a) A person 65 years of age or older.

     (b) 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.

     (c) A person who presents evidence of statutory blindness as

provided in 1978 PA 260, MCL 393.351 to 393.368.

     (d) A person who presents other good cause for a fee waiver.

     (e) Beginning January 1, 2007, a A person who wishes to add or

remove a heart insignia described in subsection (1)(f).

(16) (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.

(17) (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.

(18) (17) Except as otherwise provided in subsections (15)

(16) and (16) (17), 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.

(19) (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,

until January 1, 2007, a statement that the person has made an

anatomical gift under part 101 of the public health code, 1978 PA

368, MCL 333.10101 to 333.10109.

(20) (19) 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 shall bear the designation of the individual's

emancipated status in a manner prescribed by the secretary of

state.

(21) (20) Beginning January 1, 2007, the The secretary of

state shall inquire of each person 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 organ, tissue, and

eye donor registry under part 101 of the public health code, 1978

PA 368, MCL 333.10101 to 333.10109. A person who has agreed to

participate in that registry shall not be considered to have

revoked that agreement solely because the person's official state

personal identification card has expired. Enrollment in the organ,

tissue, and eye donor registry constitutes 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 organ, tissue, or eye donation.

(22) (21) 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.

     Enacting section 1. This amendatory act does not take effect

unless House Bill No. 4505 of the 94th Legislature is enacted into

law.