Bill Text: MI SB1068 | 2013-2014 | 97th Legislature | Introduced
Bill Title: State; identification cards; medical alert bar code placed on state identification card; provide for. Amends sec. 2 of 1972 PA 222 (MCL 28.292).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-09-16 - Referred To Committee On Transportation [SB1068 Detail]
Download: Michigan-2013-SB1068-Introduced.html
SENATE BILL No. 1068
September 16, 2014, Introduced by Senator SCHUITMAKER and referred to the Committee on Transportation.
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 2013 PA 28.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. (1) An official state personal identification card
shall 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.
(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 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) 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 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.
(d) Provide the applicant with information explaining the
applicant's right to register with the medical information registry
created in section 310a of the Michigan vehicle code, 1949 PA 300,
MCL 257.310a.
(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 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 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 an individual less
than 21 years of age shall be portrait or vertical in form and an
identification card issued to 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 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 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 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) 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 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) or
on the medical information registry described in section 310a of
the Michigan vehicle code, 1949 PA 300, MCL 257.310a. Information
about an individual's indication of a willingness to have his or
her name placed on the donor registry or the medical information
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) The secretary of state shall maintain a record of an
individual who indicates a willingness to have his or her name and
medical information on the medical information registry created in
section 310a of the Michigan vehicle code, 1949 PA 300, MCL
257.310a.
(10) (9)
An official state personal
identification card may
contain an identifier for voter registration purposes.
(11) (10)
An In addition to the
information described in
section 310a of the Michigan vehicle code, 1949 PA 300, MCL
257.310a, 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
Except as provided in section
310a of the Michigan vehicle
code, 1949 PA 300, MCL 257.310a, the information shall be limited
to the 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 individual's driving record or
other personal identifier. The identification card shall identify
the encoded information.
(12) (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.
(13) (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.
(14) (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.
(15) (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 wishes to add or remove a heart insignia
described in subsection (1)(d).
(16) (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.
(17) (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
identification card by a method prescribed by the secretary of
state. A fee shall not be charged for a change of residence
address.
(18) (17)
Except as otherwise provided in
subsections (15)
(16)
and (16), (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
identification card.
(b) An identification card issued under this act is lost,
destroyed, or mutilated, or becomes illegible.
(19) (18)
An In addition to registering
with the medical
information registry described in section 310a of the Michigan
vehicle code, 1949 PA 300, MCL 257.310a, 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.
(20) (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.
(21) (20)
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,
or the medical information registry under section 310a of the
Michigan vehicle code, 1949 PA 300, MCL 257.310a. An individual who
has agreed to participate in the donor registry or the medical
information registry shall not be considered to have revoked that
agreement solely because the 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.
(22) (21)
A valid official state personal
identification card
presented by the 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.