Bill Text: MI HB4287 | 2013-2014 | 97th Legislature | Engrossed

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Bill Title: State; identification cards; veteran designation on state identification cards; allow. Amends sec. 2 of 1972 PA 222 (MCL 28.292).

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2013-03-05 - Referred To Committee On Veterans, Military Affairs And Homeland Security [HB4287 Detail]

Download: Michigan-2013-HB4287-Engrossed.html

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HB-4287, As Passed House, February 28, 2013

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4287

 

February 19, 2013, Introduced by Rep. Darany and referred to the Committee on Military and Veterans Affairs.

 

     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 2011 PA 158.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. (1) The An official state personal identification card

 

shall contain the following:

 

     (a) An identification number permanently assigned to the

 

person individual to whom the card is issued.

 

     (b) The full legal name, date of birth, sex, residence

 

address, height, weight, eye color, digital photographic image,

 

signature of or verification and certification by the applicant, as

 

determined by the secretary of state, and expiration date of the

 

official state personal identification card.

 

     (c) An indication that the identification card contains 1 or

 

more of the following:

 

     (i) The blood type of the person individual.

 

     (ii) Immunization data of the person individual.

 

     (iii) Medication data of the person individual.

 

     (iv) A statement that the person 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 of the

 

armed forces of this state, another state, or the United States,

 

other than an individual who was dishonorably discharged from the

 

armed forces of this state, another state, or the United States, a

 

designation that the individual is a veteran. The designation shall

 

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 shall 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) (e) 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 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 federally designated organ procurement

 

organization or its successor organization as defined 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

 

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

 

333.10101 to 333.10123, and in accordance with 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 identification card a space where

 

the applicant may place a sticker or decal of the 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 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 an individual

 

less than 21 years of age shall be portrait or vertical in form and

 

an identification card issued to a person an individual 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.

 

     (5) The identification card shall 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 a person's 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. A person's An individual'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 use specifically

 

authorized by law.

 

     (c) The secretary of state shall forward to the department of

 

state police the images of persons 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

 

persons.individuals.

 

     (d) As necessary to comply with a law of this state or the

 

United States.

 

     (7) If a person 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 person's

 

individual's 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 a person's 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 secretary of state shall establish and maintain the

 

donor registry in a manner that complies with that section 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 shall

 

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 individual's

 

identification card number, birth date, expiration date, full legal

 

name, date of transaction, gender, address, state of issuance, and

 

other information necessary for use with electronic devices,

 

machine readers, or automatic teller machines and shall not contain

 

the person's individual's 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 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, 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

 

individual to whom it is issued in the fourth year following the

 

date of issuance or on the date the person 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,

 

a person the secretary of state may apply for issue a renewal of an

 

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 a

 

person 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) A person An individual 65 years of age or older.

 

     (b) A person 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) A person An individual who presents evidence of statutory

 

blindness as provided in 1978 PA 260, MCL 393.351 to 393.368.

 

     (d) A person An individual who presents other good cause for a

 

fee waiver.

 

     (e) A person An individual who wishes to add or remove a heart

 

insignia described in subsection (1)(d).

 

     (15) A person An individual who has been issued an official

 

state personal identification card shall apply for a renewal

 

official state personal identification card if the person

 

individual changes his or her name.

 

     (16) A person 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. 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 residence

 

address.

 

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

 

(16), a person 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 person individual 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 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 person

 

individual is deaf.

 

     (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) The secretary of state shall inquire of each person

 

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.

 

A person An individual who has agreed to participate in the donor

 

registry shall not be considered to have revoked that agreement

 

solely because the person's individual's official state personal

 

identification card has expired. Enrollment in the 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 anatomical

 

gift.

 

     (21) A valid official state personal identification card

 

presented by the person individual 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 takes effect May 1,

 

2014.