Senate Introduced Bill B00828

SENATE BILL No. 828

November 27, 2001, Introduced by Senators SANBORN, SHUGARS, JOHNSON, EMERSON

and HAMMERSTROM 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:

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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

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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.

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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 A SEPARATE EMERGENCY MED-

25 ICAL INFORMATION CARD. THE STICKER OR DECAL MAY BE PROVIDED BY

26 ANY PERSON, HOSPITAL, SCHOOL, MEDICAL GROUP, OR ASSOCIATION

27 INTERESTED IN ASSISTING IN IMPLEMENTING THE EMERGENCY MEDICAL

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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, CARRIED SEPARATELY BY THE CARD-

7 HOLDER, MAY CONTAIN THE INFORMATION DESCRIBED IN SUBSECTION

8 (2)(C), INFORMATION CONCERNING THE LICENSEE'S PATIENT ADVOCATE

9 DESIGNATION, OTHER EMERGENCY MEDICAL INFORMATION, OR AN INDICA-

10 TION AS TO WHERE THE CARDHOLDER HAS STORED OR REGISTERED EMER-

11 GENCY MEDICAL INFORMATION. Except as otherwise required in this

12 act, other information required on the identification card pursu-

13 ant to this act may appear on the identification card in a form

14 prescribed by the secretary of state.

15 (6) The identification card shall not contain a fingerprint

16 or finger image of the applicant.

17 (7) Except as provided in this subsection, the secretary of

18 state may retain and use a person's image described in subsection

19 (1)(b) only for programs administered by the secretary of state.

20 Except as provided in this subsection, the secretary of state

21 shall not use a person's image unless written permission for that

22 purpose is granted by the person to the secretary of state or

23 specific enabling legislation permitting the use is enacted into

24 law. A law enforcement agency of this state shall have access to

25 any information retained by the secretary of state under this

26 subsection. The information may be utilized for any law

27 enforcement purpose unless otherwise prohibited by law. The

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1 department of state police shall provide to the secretary of

2 state updated lists of persons required under section 5a of the

3 sex offenders registration act, 1994 PA 295, MCL 28.725a, to

4 maintain a valid operator's or chauffeur's license or an official

5 state personal identification card and the secretary of state

6 shall make images of those persons available to the department of

7 state police as provided in the sex offenders registration act,

8 1994 PA 295, MCL 28.721 to 28.732.

9 (8) If a person presents evidence of statutory blindness as

10 provided in 1978 PA 260, MCL 393.351 to 393.368, and is issued or

11 is the holder of an official state personal identification card,

12 the secretary of state shall mark the person's identification

13 card in a manner that clearly indicates that the cardholder is

14 legally blind.

15 (9) If the secretary of state issues an official state per-

16 sonal identification card to a person who at the time of applica-

17 tion is 20-1/2 years of age or less, the secretary of state shall

18 mark the person's identification card in a manner that clearly

19 indicates that the cardholder is less than 21 years of age.

20 (10) An official state personal identification card may con-

21 tain an identifier for voter registration purposes. An official

22 state personal identification card may contain information

23 appearing in electronic or machine readable codes needed to con-

24 duct a transaction with the secretary of state. The information

25 shall be limited to the person's identification card number,

26 birth date, expiration date, and other information necessary for

27 use with electronic devices, machine readers, or automatic teller

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1 machines and shall not contain the person's name, address,

2 driving record, or other personal identifier. The identification

3 card shall identify the encoded information.

4 (11) An official state personal identification card shall be

5 issued only upon authorization of the secretary of state, and

6 shall be manufactured in a manner to prohibit as nearly as possi-

7 ble the ability to reproduce, alter, counterfeit, forge, or

8 duplicate the identification card without ready detection.

9 (12) Except as otherwise provided in this act, an applicant

10 shall pay a fee of $6.00 to the secretary of state for each orig-

11 inal or renewal identification card issued. ~~Until January 1,~~

12 ~~2002, a~~ A service fee of $1.00 shall be added to each fee col-

13 lected for an original or renewal identification card. The

14 department of treasury shall deposit the fees received and col-

15 lected under this section in the state treasury to the credit of

16 the general fund. The legislature shall appropriate the fees

17 credited to the general fund under this act to the secretary of

18 state for the administration of this act. Appropriations from

19 the Michigan transportation fund shall not be used to compensate

20 the secretary of state for costs incurred and services performed

21 under this section.

22 (13) An original or renewal official state personal identi-

23 fication card shall expire on the birthday of the person to whom

24 it is issued in the fourth year following the date of issuance.

25 The secretary of state shall not issue an official state personal

26 identification card under this act for a period greater than 4

27 years. Except as provided in this subsection, a person may apply

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1 for a renewal of an official state personal identification card

2 by mail or by other methods prescribed by the secretary of

3 state. The secretary of state shall require renewal in person by

4 a person required under section 5a of the sex offenders registra-

5 tion act, 1994 PA 295, MCL 28.725a, to maintain a valid

6 operator's or chauffeur's license or official state personal

7 identification card.

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

9 section if the applicant is a person 65 years of age or older, is

10 a person who has had his or her operator's or chauffeur's license

11 suspended, revoked, or denied under the Michigan vehicle code,

12 1949 PA 300, MCL 257.1 to 257.923, because of a mental or physi-

13 cal infirmity or disability, is a person who presents evidence of

14 statutory blindness as provided in 1978 PA 260, MCL 393.351 to

15 393.368, or is a person who presents other good cause for a fee

16 waiver.

17 (15) A person who has been issued an official state personal

18 identification card shall apply for a renewal official state per-

19 sonal identification card if the person changes his or her name.

20 (16) A person who has been issued an official state personal

21 identification card shall apply for a corrected identification

22 card if he or she changes his or her residential address. The

23 secretary of state may correct the address on an identification

24 card by a method prescribed by the secretary of state. A fee

25 shall not be charged for a change of residential address.

26 (17) Except as otherwise provided in subsections (15) and

27 (16), a person who has been issued an official state personal

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1 identification card may apply for a renewal official state

2 personal identification card for 1 or more of the following

3 reasons:

4 (a) The person wants to change any information on the iden-

5 tification card.

6 (b) An identification card issued under this act is lost,

7 destroyed, or mutilated, or becomes illegible.

8 (18) A person may indicate on an official state personal

9 identification card in a place designated by the secretary of

10 state his or her blood type, emergency contact information, immu-

11 nization data, medication data, a statement that the person is

12 deaf, or a statement that the person has made an anatomical gift

13 pursuant to part 101 of the public health code, 1978 PA 368,

14 MCL 333.10101 to 333.10109.

15 (19) If an applicant provides proof to the secretary of

16 state that he or she is a minor who has been emancipated pursuant

17 to 1968 PA 293, MCL 722.1 to 722.6, the official state personal

18 identification card shall bear the designation of the

19 individual's emancipated status in a manner prescribed by the

20 secretary of state.

21 (20) A valid official state personal identification card

22 presented by the person to whom the card is issued shall be con-

23 sidered the same as a valid state of Michigan driver license when

24 identification is requested except as otherwise specifically pro-

25 vided by law.

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