HOUSE BILL No. 5147 October 9, 2001, Introduced by Reps. Stamas, Ehardt and Tabor and referred to the Committee on Health Policy. 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 pre- scribe the powers and duties of the secretary of state; to pre- scribe fees; and to prescribe certain penalties for violations," by amending section 2 (MCL 28.292), as amended by 1999 PA 89. 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. 8 (c) An indication that the identification card contains 1 or 9 more of the following: 02397'01 a TJS 2 1 (i) The blood type of the person. 2 (ii) Immunization data of the person. 3 (iii) Medication data of the person. 4 (iv) A statement that the person is deaf. 5 (v) A statement that the person is an organ and tissue donor 6 pursuant to part 101 of the public health code, 1978 PA 368, 7 MCL 333.10101 to 333.10109. If the identification card contains 8 such a statement, the statement shall include the signature of 9 the person, along with the signature of at least 1 witness. 10 (vi) Emergency contact information of the person. 11 (2) In conjunction with the issuance of an official state 12 personal identification card, the secretary of state shall do all 13 of the following: 14 (a) Provide the applicant with all of the following: 15 (i) Written information explaining the applicant's right to 16 make an anatomical gift in the event of death pursuant to part 17 101 of the public health code, 1978 PA 368, MCL 333.10101 to 18 333.10109, and in accordance with this section. 19 (ii) Written information describing the organ donation reg- 20 istry program maintained by Michigan's federally designated organ 21 procurement organization or its successor organization. The 22 written information required under this subparagraph shall 23 include, in a type size and format that is conspicuous in rela- 24 tion to the surrounding material, the address and telephone 25 number of Michigan's federally designated organ procurement 26 organization or its successor organization, along with an 27 advisory to call Michigan's federally designated organ 02397'01 a 3 1 procurement organization or its successor organization with 2 questions about the organ donor registry program. 3 (iii) Written information giving the applicant the opportu- 4 nity to have his or her name placed on the organ donor registry 5 described in subparagraph (ii). 6 (b) Provide the applicant with the opportunity to specify on 7 his or her official state personal identification card that he or 8 she is willing to make an anatomical gift in the event of death 9 pursuant to part 101 of the public health code, 1978 PA 368, 10 MCL 333.10101 to 333.10109, and in accordance with this section. 11 (c) Inform the applicant in writing that, if he or she indi- 12 cates to the secretary of state under this section a willingness 13 to have his or her name placed on the organ donor registry 14 described in subdivision (a)(ii), the secretary of state will 15 forward the applicant's name and address to the organ donation 16 registry maintained by Michigan's federally designated organ pro- 17 curement organization or its successor organization, pursuant to 18 subsection (4). 19 (3) The secretary of state may fulfill the requirements of 20 subsection (2) by 1 or more of the following methods: 21 (a) Providing printed material enclosed with a mailed notice 22 for the issuance or renewal of an official state personal identi- 23 fication card. 24 (b) Providing printed material to an applicant who person- 25 ally appears at a secretary of state branch office. 26 (c) Through electronic information transmittals for 27 applications processed by electronic means. 02397'01 a 4 1 (4) If an applicant indicates a willingness under this 2 section to have his or her name placed on the organ donor regis- 3 try described in subsection (2)(a)(ii), the secretary of state 4 shall within 10 days forward the applicant's name and address to 5 the organ donor registry maintained by Michigan's federally des- 6 ignated organ procurement organization or its successor 7 organization. The secretary of state may forward information 8 under this subsection by mail or by electronic means. The secre- 9 tary of state shall not maintain a record of the name or address 10 of an individual who indicates a willingness to have his or her 11 name placed on the organ donor registry after forwarding that 12 information to the organ donor registry under this subsection. 13 Information about an applicant's indication of a willingness to 14 have his or her name placed on the organ donor registry obtained 15 by the secretary of state under subsection (2) and forwarded 16 under this subsection is exempt from disclosure under the freedom 17 of information act, 1976 PA 442, MCL 15.231 to 15.246, pursuant 18 to section 13(1)(d) of the freedom of information act, 1976 19 PA 442, MCL 15.243. 20 (5) The secretary of state shall prescribe the form of the 21 identification card. THE SECRETARY OF STATE SHALL DESIGNATE ON 22 THE IDENTIFICATION CARD A SPACE WHERE THE APPLICANT MAY PLACE A 23 STICKER OR DECAL OF THE UNIFORM SIZE AS THE SECRETARY MAY SPECIFY 24 TO INDICATE THAT THE CARDHOLDER CARRIES AN EMERGENCY MEDICAL 25 INFORMATION CARD. THE STICKER OR DECAL MAY BE PROVIDED BY ANY 26 PERSON, HOSPITAL, SCHOOL, MEDICAL GROUP, OR ASSOCIATION 27 INTERESTED IN ASSISTING IN IMPLEMENTING THE EMERGENCY MEDICAL 02397'01 a 5 1 INFORMATION CARD, BUT SHALL MEET THE SPECIFICATIONS OF THE 2 SECRETARY OF STATE. THE STICKER OR DECAL ALSO MAY BE USED TO 3 INDICATE THAT THE CARDHOLDER HAS DESIGNATED 1 OR MORE PATIENT 4 ADVOCATES IN ACCORDANCE WITH SECTION 5506 OF THE ESTATES AND PRO- 5 TECTED INDIVIDUALS CODE, 1998 PA 386, MCL 700.5506. THE EMER- 6 GENCY MEDICAL INFORMATION CARD MAY CONTAIN THE INFORMATION 7 DESCRIBED IN SUBSECTION (2)(C), INFORMATION CONCERNING THE 8 LICENSEE'S PATIENT ADVOCATE DESIGNATION, OTHER EMERGENCY MEDICAL 9 INFORMATION, OR AN INDICATION AS TO WHERE THE LICENSEE HAS STORED 10 OR REGISTERED EMERGENCY MEDICAL INFORMATION. Except as otherwise 11 required in this act, other information required on the identifi- 12 cation card pursuant to this act may appear on the identification 13 card in a form prescribed by the secretary of state. 14 (6) The identification card shall not contain a fingerprint 15 or finger image of the applicant. 16 (7) Except as provided in this subsection, the secretary of 17 state may retain and use a person's image described in subsection 18 (1)(b) only for programs administered by the secretary of state. 19 Except as provided in this subsection, the secretary of state 20 shall not use a person's image unless written permission for that 21 purpose is granted by the person to the secretary of state or 22 specific enabling legislation permitting the use is enacted into 23 law. A law enforcement agency of this state shall have access to 24 any information retained by the secretary of state under this 25 subsection. The information may be utilized for any law enforce- 26 ment purpose unless otherwise prohibited by law. The department 27 of state police shall provide to the secretary of state updated 02397'01 a 6 1 lists of persons required under section 5a of the sex offenders 2 registration act, 1994 PA 295, MCL 28.725a, to maintain a valid 3 operator's or chauffeur's license or an official state personal 4 identification card and the secretary of state shall make images 5 of those persons available to the department of state police as 6 provided in the sex offenders registration act, 1994 PA 295, 7 MCL 28.721 to 28.732. 8 (8) If a person presents evidence of statutory blindness as 9 provided in 1978 PA 260, MCL 393.351 to 393.368, and is issued or 10 is the holder of an official state personal identification card, 11 the secretary of state shall mark the person's identification 12 card in a manner that clearly indicates that the cardholder is 13 legally blind. 14 (9) If the secretary of state issues an official state per- 15 sonal identification card to a person who at the time of applica- 16 tion is 20-1/2 years of age or less, the secretary of state shall 17 mark the person's identification card in a manner that clearly 18 indicates that the cardholder is less than 21 years of age. 19 (10) An official state personal identification card may con- 20 tain an identifier for voter registration purposes. An official 21 state personal identification card may contain information 22 appearing in electronic or machine readable codes needed to con- 23 duct a transaction with the secretary of state. The information 24 shall be limited to the person's identification card number, 25 birth date, expiration date, and other information necessary for 26 use with electronic devices, machine readers, or automatic teller 27 machines and shall not contain the person's name, address, 02397'01 a 7 1 driving record, or other personal identifier. The identification 2 card shall identify the encoded information. 3 (11) An official state personal identification card shall be 4 issued only upon authorization of the secretary of state, and 5 shall be manufactured in a manner to prohibit as nearly as possi- 6 ble the ability to reproduce, alter, counterfeit, forge, or 7 duplicate the identification card without ready detection. 8 (12) Except as otherwise provided in this act, an applicant 9 shall pay a fee of $6.00 to the secretary of state for each orig- 10 inal or renewal identification card issued. Until January 1, 11 2002, a service fee of $1.00 shall be added to each fee collected 12 for an original or renewal identification card. The department 13 of treasury shall deposit the fees received and collected under 14 this section in the state treasury to the credit of the general 15 fund. The legislature shall appropriate the fees credited to the 16 general fund under this act to the secretary of state for the 17 administration of this act. Appropriations from the Michigan 18 transportation fund shall not be used to compensate the secretary 19 of state for costs incurred and services performed under this 20 section. 21 (13) An original or renewal official state personal identi- 22 fication card shall expire on the birthday of the person to whom 23 it is issued in the fourth year following the date of issuance. 24 The secretary of state shall not issue an official state personal 25 identification card under this act for a period greater than 4 26 years. Except as provided in this subsection, a person may apply 27 for a renewal of an official state personal identification card 02397'01 a 8 1 by mail or by other methods prescribed by the secretary of 2 state. The secretary of state shall require renewal in person by 3 a person required under section 5a of the sex offenders registra- 4 tion act, 1994 PA 295, MCL 28.725a, to maintain a valid 5 operator's or chauffeur's license or official state personal 6 identification card. 7 (14) The secretary of state shall waive the fee under this 8 section if the applicant is a person 65 years of age or older, is 9 a person who has had his or her operator's or chauffeur's license 10 suspended, revoked, or denied under the Michigan vehicle code, 11 1949 PA 300, MCL 257.1 to 257.923, because of a mental or physi- 12 cal infirmity or disability, is a person who presents evidence of 13 statutory blindness as provided in 1978 PA 260, MCL 393.351 to 14 393.368, or is a person who presents other good cause for a fee 15 waiver. 16 (15) A person who has been issued an official state personal 17 identification card shall apply for a renewal official state per- 18 sonal identification card if the person changes his or her name. 19 (16) A person who has been issued an official state personal 20 identification card shall apply for a corrected identification 21 card if he or she changes his or her residential address. The 22 secretary of state may correct the address on an identification 23 card by a method prescribed by the secretary of state. A fee 24 shall not be charged for a change of residential address. 25 (17) Except as otherwise provided in subsections (15) and 26 (16), a person who has been issued an official state personal 27 identification card may apply for a renewal official state 02397'01 a 9 1 personal identification card for 1 or more of the following 2 reasons: 3 (a) The person wants to change any information on the iden- 4 tification card. 5 (b) An identification card issued under this act is lost, 6 destroyed, or mutilated, or becomes illegible. 7 (18) A person may indicate on an official state personal 8 identification card in a place designated by the secretary of 9 state his or her blood type, emergency contact information, immu- 10 nization data, medication data, a statement that the person is 11 deaf, or a statement that the person has made an anatomical gift 12 pursuant to part 101 of the public health code, 1978 PA 368, 13 MCL 333.10101 to 333.10109. 14 (19) If an applicant provides proof to the secretary of 15 state that he or she is a minor who has been emancipated pursuant 16 to 1968 PA 293, MCL 722.1 to 722.6, the official state personal 17 identification card shall bear the designation of the 18 individual's emancipated status in a manner prescribed by the 19 secretary of state. 20 (20) A valid official state personal identification card 21 presented by the person to whom the card is issued shall be con- 22 sidered the same as a valid state of Michigan driver license when 23 identification is requested except as otherwise specifically pro- 24 vided by law. 02397'01 a Final page. 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