Bill Text: MI HB5686 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: State; identification cards; issuance of a state identification card for a term that exceeds an applicant's legal presence; prohibit. Amends secs. 1 & 2 of 1972 PA 222 (MCL 28.291 & 28.292).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-06-12 - Assigned Pa 176'18 With Immediate Effect [HB5686 Detail]
Download: Michigan-2017-HB5686-Engrossed.html
HB-5686, As Passed House, April 19, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 5686
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 2012 PA 25 and section 2 as amended by 2017 PA 31.
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
photographic identity document, a birth certificate or other
nonphotographic identity document, and other sufficient documents
as the secretary of state may require to verify the identity and
citizenship of the applicant. If an applicant for an official state
personal identification card is not a citizen of the United States,
the applicant shall supply a photographic identity document and
other sufficient documents to verify the identity of the applicant
and the applicant's legal presence in the United States under
subsection (5). The documents required under this subsection shall
include the applicant's full legal name, date of birth, address,
and residency and demonstrate that the applicant is a citizen of
the United States or is legally present in the United States. If
the applicant's full legal name differs from the name of the
applicant that appears on a document presented under this
subsection, the applicant shall present documents to verify his or
her current full legal name. 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 legal
name, date of birth, residence address, height, sex, eye color,
signature, intent to be an organ donor, other information required
or permitted on the official state personal identification card
and, only to the extent to comply with federal law, the applicant's
social security number. 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 accept as 1 of the
identification documents required under subsection (1) an
identification card issued by the department of corrections to
prisoners who are placed on parole or released from a correctional
facility, containing the prisoner's legal name, photograph, and
other information identifying the prisoner as provided in section
37(4) of the corrections code of 1953, 1953 PA 232, MCL 791.237.
(3) The secretary of state shall have electronic access to
prisoner information maintained by the department of corrections
for the purpose of verifying the identity of a prisoner who applies
for an official state identification card under subsection (1).
(4) 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 under the Michigan vehicle code, 1949 PA
300, MCL 257.1 to 257.923, unless the license has been suspended,
revoked, or restricted.
(5) If the applicant is not a citizen of the United States,
the applicant shall provide, and the department shall verify,
documents demonstrating his or her legal presence in the United
States. Nothing in this act shall obligate or be construed to
obligate this state to comply with title II of the real ID act of
2005, Public Law 109-13. The secretary of state may adopt rules
under the administrative procedures act of 1969, 1969 PA 306, MCL
24.201 to 24.328, as are necessary for the administration of this
subsection. A determination by the secretary of state that an
applicant is not legally present in the United States may be
appealed under section 631 of the revised judicature act of 1961,
1961 PA 236, MCL 600.631. The secretary of state shall not issue an
official state personal identification card to an applicant
described in this subsection for a term that exceeds the duration
of the applicant's legal presence in the United States.
(6) The secretary of state shall not disclose a social
security number obtained under subsection (1) to another person
except for use for 1 or more of the following purposes:
(a) Compliance with 49 USC 31301 to 31317 and regulations and
rules related to this act.
(b) To carry out the purposes of section 466(a) of the social
security act, 42 USC 666, in connection with matters relating to
paternity, child support, or overdue child support.
(c) With the department of community health, for comparison
with vital records maintained by the department of community health
under part 28 of the public health code, 1978 PA 368, MCL 333.2801
to 333.2899.
(d) As otherwise required by law.
(7) The secretary of state shall not display a person's social
security number on the person's official state personal
identification card.
(8) A requirement under this section to include a social
security number on an application does not apply to an applicant
who demonstrates he or she is exempt under law from obtaining a
social security number.
(9) The secretary of state, with the approval of the state
administrative board created under 1921 PA 2, MCL 17.1 to 17.3, may
enter into agreements with the United States government to verify
whether an applicant for an official state personal identification
card under this section who is not a citizen of the United States
is authorized under federal law to be present in the United States.
(10) The secretary of state shall not issue an official state
personal identification card to a person holding an official state
personal identification card issued by another state without
confirmation that the person is terminating or has terminated the
official state personal identification card issued by the other
state.
(11) The secretary of state shall do all of the following:
(a) Ensure the physical security of locations where official
state personal identification cards are produced and the security
of document materials and papers from which official state personal
identification cards are produced.
(b) Subject all persons authorized to manufacture or produce
official state personal identification cards and all persons who
have the ability to affect the identity information that appears on
official state personal identification cards to appropriate
security clearance requirements. The security requirements of this
subdivision and subdivision (a) may require that official state
personal identification cards be manufactured or produced in this
state.
(c) Provide fraudulent document recognition programs to
department of state employees engaged in the issuance of official
state personal identification cards.
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, 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. 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 shall 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 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) 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 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 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) For the secretary of state to forward 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) For the secretary of state to forward 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) 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
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 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 other good cause for a fee
waiver.
(e) An individual who decides to add or remove a heart
insignia described in subsection (1)(d).
(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. 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 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 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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
