HB-5537, As Passed House, February 7, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 5537

[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, 2, and 8 (MCL 28.291, 28.291a, 28.292,

and 28.298), sections 1 and 2 as amended by 2005 PA 143, sections

1a and 8 as added by 1997 PA 99, and to add section 9a.]

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~~ If the applicant is a citizen

of the United States, he or she 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 is not a citizen of the United States, the applicant

shall supply a photographic identity document and other sufficient

documents to verify his or her identity and his or her legal

presence in the United States under subdivision (b). The documents

required under this subsection shall include the applicant's full

legal name, date of birth, and address and residency and shall

demonstrate that the applicant is a citizen of the United States or

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

all of the following:

(a) 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 required 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.

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

the applicant shall provide documents demonstrating his or her

House Bill No. 5537 (H-1) as amended February 7, 2008

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

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

federally authorized 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, necessary for the administration of this subdivision. 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.

(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) Unless otherwise eligible under subsection (1), the

secretary of state shall not issue an official state personal

identification card to a person who is not a citizen of the United

States.

(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 federal

regulations and rules related to those provisions of federal law.

(b) To carry out the purposes of section 666(a) of the social

security act, 42 USC 666, in connection with matters relating to

paternity, child support, and overdue child support.

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

security number on an 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 was not issued a social security number.

(7) The secretary of state may examine and determine the

legality of an application for an official state personal

identification card under this section. The secretary of state may

reject an application for an official state personal identification

card if not satisfied with the legality of the application or the

truth of a statement contained in the application.

(8) The secretary of state, with the approval of the state

administrative board, may enter into agreements with the United

States government to verify whether an applicant under this section

for an official state personal identification card who is not a

citizen of the United States is legally authorized to be present in

the United States.

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

House Bill No. 5537 (H-1) as amended February 7, 2008

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.

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 the expiration date of the personal

identification card.

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

with, counterfeiting of, 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.

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.

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 retain and use a person's 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 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 purpose specifically

authorized by law. The secretary of state shall forward to the

department of state police the images of persons required to be

registered under the sex offender's registration act, 1994 PA 295,

MCL 28.721 to 28.736, upon the department of state police providing

the secretary of state with an updated list of those persons.

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. 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 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.

(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. 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 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.

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)~~ (1)(d).

(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,

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.

(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.

(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.

(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.

Sec. 8. (1) Except as provided in this section and in section

10, personal information in a record maintained under this act

shall not be disclosed, unless the person requesting the

information furnishes proof of identity satisfactory to the

secretary of state and certifies that the personal information

requested will be used for a permissible purpose identified in this

section or in section 10. ~~However, highly~~ Highly restricted

personal information shall be used and disclosed only as expressly

permitted in section 2 or in another applicable provision of law.

(2) Personal information in a record maintained under this act

shall be disclosed by the secretary of state if required to carry

out the purposes of a specified federal law. As used in this

section, "specified federal law" means the automobile information

disclosure act, ~~Public Law 85-506,~~ 15 ~~U.S.C.~~ USC 1231 to ~~1232 and~~

1233, the former motor vehicle information and cost savings act,

Public Law 92-513, the former national traffic and motor vehicle

safety act of 1966, Public Law 89-563, the anti-car theft act of

1992, Public Law 102-519, ~~106 Stat. 3384,~~ the clean air act,

chapter 360, 69 Stat. 322, ~~42 U.S.C. 7401 to 7431, 7470 to 7479,~~

~~7491 to 7492, 7501 to 7509a, 7511 to 7515, 7521 to 7525, 7541 to~~

~~7545, 7547 to 7550, 7552 to 7554, 7571 to 7574, 7581 to 7590, 7601~~

~~to 7612, 7614 to 7617, 7619 to 7622, 7624 to 7627, 7641 to 7642,~~

~~7651 to 7651o, 7661 to 7661f, and 7671 to 7671q,~~ and all federal

regulations promulgated to implement these federal laws.

(3) Personal information in a record maintained under this act

may be disclosed by the secretary of state as follows:

(a) For use by a federal, state, or local governmental agency,

including a court or law enforcement agency, in carrying out the

agency's functions, or by a private person or entity acting on

behalf of a governmental agency in carrying out the agency's

functions.

(b) For use in connection with matters of motor vehicle and

driver safety or auto theft; motor vehicle emissions; motor vehicle

product alterations, recalls, or advisories; performance monitoring

of motor vehicles; motor vehicle market research activities,

including survey research; and the removal of nonowner records from

the original records of motor vehicle manufacturers.

business, including the agents, employees, and contractors of the

business, but only to verify the accuracy of personal information

submitted by an individual to the business or its agents,

employees, or contractors, and if the information as so submitted

is no longer correct, to obtain the correct information, for the

sole purpose of preventing fraud by pursuing legal remedies

against, or recovering on a debt against, the individual.

(d) For use in connection with a civil, criminal,

administrative, or arbitral proceeding in a federal, state, or

local court or governmental agency or before a self-regulatory

body, including use for service of process, investigation in

anticipation of litigation, and the execution or enforcement of

judgments and orders, or pursuant to an order of a federal, state,

or local court, an administrative agency, or a self-regulatory

body.

(e) For use in legitimate research activities and in preparing

statistical reports for commercial, scholarly, or academic purposes

by a bona fide research organization, if the personal information

is not published, redisclosed, or used to contact individuals.

(f) For use by an insurer or insurance support organization,

or by a self-insured entity, or its agents, employees, or

contractors, in connection with claims investigating activity,

antifraud activity, rating, or underwriting.

(g) For use in providing notice to the owner of an abandoned,

towed, or impounded vehicle.

(h) For use either by a private detective or private

investigator licensed under the private detective license act, of

~~1965,~~ 1965 PA 285, MCL 338.821 to 338.851, or by a private security

guard agency or alarm system contractor licensed under the private

security ~~guard act of 1968~~ business and security alarm act, 1968 PA

330, MCL 338.1051 to ~~338.1085~~ 338.1083, only for a purpose

permitted under this section.

(i) For use by an employer, or the employer's agent or

insurer, to obtain or verify information relating either to the

holder of a commercial driver license that is required under the

commercial motor vehicle safety act of ~~1966~~ 1986, ~~title XII of~~

Public Law 99-570, ~~100 Stat. 3207-170,~~ or to the holder of a

chauffeur's license that is required under chapter 3 of the

Michigan vehicle code, 1949 PA 300, MCL 257.301 to 257.329.

(j) For use by a car rental business, or its employees,

agents, contractors, or service firms, for the purpose of making

rental decisions.

(k) For use by a news medium in the preparation and

dissemination of a report related in part or in whole to the

operation of a motor vehicle or public safety. "News medium"

includes a newspaper, a magazine or periodical published at regular

intervals, a news service, a broadcast network, a television

station, a radio station, a cablecaster, or an entity employed by

any of the foregoing.

(l) For any use by an individual requesting information

House Bill No. 5537 (H-1) as amended February 7, 2008

pertaining to himself or herself or requesting in writing that the

secretary of state provide information pertaining to himself or

herself to the individual's designee. A request for disclosure to a

designee, however, may be submitted only by the individual.

(4) Copies of digital photographic images and source documents

retained by the secretary of state under section 1(1) may be used

and disclosed for the purposes of subsection (3)(a) and (l).

[Sec. 9a. (1) The secretary of state shall not issue an official

state personal identification card to a person holding an operator's license, chauffeur's license, or an official state government personal identification card issued by another state without confirmation that the person is terminating or has terminated the operator's license, chauffeur's license, or official state government personal identification card issued by the other state.

(2) 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.]