SENATE BILL NO. 864
April 24, 2020, Introduced by Senator LUCIDO
and referred to the Committee on Judiciary and Public Safety.
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 2018 PA 669.
the people of the state of michigan enact:
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 full legal name,
date of birth, sex, residence address or, upon the request
of the individual to whom the card is issued, mailing address,
height, weight, eye color, digital photographic image, signature of or
verification and certification by the applicant, individual, as determined by the secretary of state,
and expiration date of the official state personal identification card. If an
official state personal identification card is issued to an individual
described in section 1(5) who has temporary lawful status, the official state
personal identification card must be issued in compliance with 6 CFR 37.21 or in
compliance with the process established to comply with 6 CFR 37.71 by the
secretary of state. As used in this subdivision, "temporary lawful
status" means that term as defined in 6 CFR 37.3.
(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 must 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 must
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 this state'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 this state'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 under 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) By the secretary of state for forwarding 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) By the secretary of state for forwarding 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) By the secretary of state for forwarding to the
department of licensing and regulatory affairs the images of applicants for an
official state registry identification card issued under section 6 of the
Michigan medical marihuana
act, Medical
Marihuana Act, 2008 IL 1, MCL 333.26426, if the department of
licensing and regulatory affairs promulgates rules requiring a photograph as a
design element for an official state registry identification card.
(f) 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 The secretary of state
shall establish and maintain the donor registry in a manner that complies with that section 10120 of the public health code,
1978 PA 368, MCL 333.10120, 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 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 evidence of 1 or more of the
following:
(i) A notice of case
action from the department of health and human services indicating that the
individual is a participant in 1 or both of the following programs and is
making his or her application for an official state personal identification
card during a period in which he or she is receiving benefits:
(A) The family independence program.
(B) The state disability assistance program.
(ii) A United States
Social Security Administration benefit award letter indicating the applicant is
currently receiving payments under the federal supplemental security income Supplemental
Security Income program as that term is defined in section 57
of the social welfare act, 1939 PA 280, MCL 400.57, or the Social Security disability
income program.
(iii) A United States
Social Security Administration benefit verification letter indicating the
applicant is currently receiving payments under the federal supplemental security income Supplemental Security Income program
as that term is defined in section 57 of the social welfare act, 1939 PA 280,
MCL 400.57, or the Social Security disability income program.
(e) An individual who decides to add or remove a heart
insignia described in subsection (1)(d).
(f) An individual who is a veteran as that term is defined in
section 1 of 1965 PA 190, MCL 35.61. The secretary of state shall require an
individual who seeks a waiver of the fee under this subdivision to provide the
secretary of state the same documentation required for a veteran designation
under subsection (1)(e) before granting the fee waiver.
(g) An individual who presents both of the following:
(i) A homeless
verification letter that states that the individual meets the definition of
category 1 homeless as that term is defined by the United States Department of
Housing and Urban Development. A letter provided as evidence under this
subparagraph must be submitted on the official letterhead of a public service
agency. The department may verify the information contained in the letter with
the agency of issuance before issuing an official state personal identification
card.
(ii) A photo
identification card generated from the United States Department of Housing and
Urban Development homeless
management information system.Homeless Management Information System.
(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 or mailing address if the individual requested to use a
mailing address as the address required to appear on his or her identification
card under subsection (1)(b). 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 or mailing 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 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.