SB-0301, As Passed House, September 20, 2005

SUBSTITUTE FOR

SENATE BILL NO. 301

     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 and 2 (MCL 28.291 and 28.292), section 1 as

amended by 1997 PA 99 and section 2 as amended by 2003 PA 143.

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

birth certificate attesting to his or her age or other sufficient

documents or identification as the secretary of state may require.

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 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. 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  pursuant to  under the Michigan vehicle

code, 1949 PA 300, MCL 257.1 to 257.923, unless the license has

been suspended, revoked, or restricted.

     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 name, date of birth, sex, residential address,

height, weight, eye color, image, and signature of the person to

whom the identification card is issued.

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

an organ and tissue donor  pursuant to  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)  Beginning July 1, 2003, in  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)  Beginning July 1, 2003, in  In the case of a person who

is  at least  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.

     (f) Beginning January 1, 2007, 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.

     (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)  Written information  Information explaining the

applicant's right to make an anatomical gift in the event of death

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

MCL 333.10101 to 333.10109, and in accordance with this section.

     (ii)  Written information  Information describing the organ,

donation  tissue, and eye donor registry program maintained by

Michigan's federally designated organ procurement organization or

its successor organization. The  written information required

under this subparagraph  shall include, in a type size and format

that is conspicuous in relation to the surrounding material,

includes the address and telephone number of Michigan's federally

designated organ procurement organization or its successor

organization.  , along with an advisory to call Michigan's

federally designated organ procurement organization or its

successor organization with questions about the organ donor

registry program.

     (iii)  Written information  Information giving the applicant the

opportunity to have his or her name placed on the  organ donor

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  in writing 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  organ donor

registry described in subdivision (a)(ii), the secretary of state

will  forward  mark the applicant's  name and address to the organ

donation  record for the registry.  maintained by Michigan's

federally designated organ procurement organization or its

successor organization, pursuant to subsection (4).

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

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

the  organ donor registry described in subsection (2)(a)(ii), the

secretary of state shall within 10 days forward the applicant's

name,  and 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  the freedom of information act, 1976 PA 442, MCL

15.231 to 15.246, pursuant to 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.  Beginning on and

after July 1, 2003, an  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  pursuant to  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. 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.

     (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)  Until July 1, 2003, if the secretary of state issues an

official state personal identification card to a person who at the

time of application is 20-1/2 years of age or less, the secretary

of state shall mark the person's identification card in a manner

that clearly indicates that the cardholder is less than 21 years of

age.  Beginning January 1, 2007, 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  shall expire  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  a  any of the following:

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

     (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.  , is a

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

provided in 1978 PA 260, MCL 393.351 to 393.368.  , or is a

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

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

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

     (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  pursuant to  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  pursuant to

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 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)  (20) 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 all of the following bills of the 93rd Legislature are

enacted into law:

     (a) House Bill No. 4082.

     (b) House Bill No. 4469.

     (c) House Bill No. 4470.