SB 617

SENATE BILL NO. 617
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 2021
PA 73.
the people of the state of michigan enact:
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) Except as
provided in section 2a, 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 must 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 Except as otherwise
provided in this subdivision, in the case of a holder of an official
state personal identification card who has indicated his or her the holder's 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 physical official state
personal identification card. A mobile official state
personal identification card issued under subsection (26) may contain a heart
insignia, code, text-based indicator, or other indicator approved by the secretary
of state to indicate that the holder of an official state personal
identification card wishes 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.
(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
must 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 must 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 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 must include 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 the applicant's name placed on the registry described
in subparagraph (ii).
(b) Provide the
applicant with the opportunity to specify on his or
her the applicant's official state
personal identification card that he or she the applicant 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 the applicant indicates to the secretary of state
under this section a willingness to have his or her
the applicant's 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 Except for a
mobile official state personal identification card issued or renewed under
subsection (26), an original official state personal identification card
or the renewal of an existing official state personal identification card
issued to an individual who is
less than 21 years of age must be portrait or vertical in form, and
an official state personal identification card issued to an individual who is 21 years of age or over older 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) By the
secretary of state for forwarding 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 28.730, upon on the department of state police providing the
secretary of state an updated list of those individuals.
(d) By the
secretary of state for forwarding 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) By the
secretary of state for forwarding to the department of licensing and regulatory
affairs the images of applicants for an official state registry identification
card issued under section 6 of the Michigan Medical Marihuana Act, 2008 IL 1,
MCL 333.26426, if the department of licensing and regulatory affairs
promulgates rules requiring a photograph as a design element for an official
state registry identification card.
(f) As necessary to
comply with a law of this state or the United States.
(7) If Except as otherwise
provided in this subsection, 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 physical
official state personal identification card in a manner that clearly
indicates that the cardholder is legally blind. A
mobile official state personal identification card issued under subsection (26)
may contain a text-based indicator, code, or other indicator approved by the
secretary of state to indicate that the holder of an official state personal
identification card is legally blind.
(8) The secretary
of state shall maintain a record of an individual who indicates a willingness
to have his or her the
individual's 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 the
individual's 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 individual'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 on 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 secretary of state
shall not assess a late renewal fee for an official state personal
identification card that expires on or after March 1, 2020 and is renewed
before March 31, 2021. The secretary of state shall not assess a late renewal
fee for an official state personal identification card that expires after March
31, 2021 but before August 1, 2021 and is renewed within 120 days after the
date of the expiration. The secretary of state shall, upon an applicant's
request, reimburse a late renewal fee assessed and collected for an official
state personal identification card that expires after March 31, 2021 but before
August 1, 2021 and is renewed within 120 days after the date of the expiration
of the official state personal identification card. 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 or
a mobile official state personal identification card or renewal mobile 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 or a mobile 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 or renewal mobile official state
personal identification card for 1 additional 4-year period or beginning
on July 1, 2021, for 2 additional 4-year periods, 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 required under this section subsections
(12) and (24) 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 the individual's 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 evidence of 1 or more of the following:
(i) A notice of case action from the
department of health and human services indicating that the individual is a
participant in 1 or both of the following programs and is making his or her the
individual's application for an official state personal identification
card during a period in which he or she the individual is receiving benefits:
(A) The family
independence program.
(B) The state
disability assistance program.
(ii) A United States Social Security
Administration benefit award letter indicating the applicant is currently
receiving payments under the federal supplemental security income program as
that term is defined in section 57 of the social welfare act, 1939 PA 280, MCL
400.57, or the Social Security disability income program.
(iii) A United States Social Security
Administration benefit verification letter indicating the applicant is
currently receiving payments under the federal supplemental security income
program as that term is defined in section 57 of the social welfare act, 1939
PA 280, MCL 400.57, or the Social Security disability income program.
(e) An individual
who decides to add or remove a heart insignia described in subsection (1)(d).
(f) An individual
who is a veteran as that term is defined in section 1 of 1965 PA 190, MCL
35.61. The secretary of state shall require an individual who seeks a waiver of
the fee under this subdivision to provide the secretary of state the same
documentation required for a veteran designation under subsection (1)(e) before
granting the fee waiver.
(g) An individual
who presents both of the following:
(i) A homeless verification letter that
states that the individual meets the definition of category 1 homeless as that
term is defined by the United States Department of Housing and Urban
Development. A letter provided as evidence under this subparagraph must be
submitted on the official letterhead of a public service agency. The secretary
of state may verify the information contained in the letter with the agency of
issuance before issuing an official state personal identification card.
(ii) A photo identification card generated
from the United States Department of Housing and Urban Development Homeless
Management Information System.
(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 the
individual's 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 the individual changes his
or her the individual's 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 or mobile official state personal identification card may
apply for a renewal official state personal identification card or renewal mobile 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 the individual's blood type, emergency contact
information, immunization data, medication data, or a statement that the
individual is deaf. A mobile official state personal
identification card may contain a
text-based indicator, code, or other indicator approved by the secretary of
state to indicate that the holder of an official state personal identification
card is deaf.
(19) 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 and, beginning July 1, 2021, to
view a communication impediment designation that the holder of an official
state personal identification card has voluntarily provided to the secretary of
state.
(20) If an
applicant provides proof to the secretary of state that he or she the applicant 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 the individual 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.
(23) Beginning July
1, 2021, if an official state personal identification card issued under this
act is lost, destroyed, or mutilated, or becomes illegible, the individual to
whom the official state personal identification card was issued may obtain a duplicate
upon on the
payment of the fee required in subsection (24) and upon
on furnishing proof satisfactory to the
secretary of state that the official state personal identification card has
been lost, destroyed, or mutilated, or has become illegible.
(24) Except as
otherwise provided in subsection (25), for each duplicate official state
personal identification card, and for each correction of an official state
personal identification card, beginning July 1, 2021, an individual may apply
for renewal of the official state personal identification card and pay the
renewal fee prescribed in this act or the individual may, at his or her the
individual's option and upon on payment of the fee prescribed in this section,
apply for a duplicate official state personal identification card that expires
on the same date as the official state personal identification card that was
lost, destroyed, or mutilated, or became illegible. The fee for a duplicate
official state personal identification card is $10.00. A renewal fee must not
be charged for a change of address, a correction required to correct a
department error, or to add or remove a heart insignia described in subsection
(1)(d).
(25) Except with
regard to an individual who is less than 21 years of age, for each duplicate
official state personal identification card, and for each correction of an
official state personal identification card, beginning July 1, 2021, an
individual shall apply for renewal of the official state personal
identification card and pay the renewal fee prescribed in this act if the
official state personal identification card was due to expire within the next
12 months. Except as otherwise provided in this act, an official state personal
identification card renewed under this subsection or subsection (24) must be
renewed for the combined period of the time remaining on the official state
personal identification card before its renewal and the 4-year renewal period.
(26) Notwithstanding subsection (13), an official state
personal identification card that expires on or after March 1, 2020 is
considered valid until March 31, 2021. Notwithstanding subsection (13), an
official state personal identification card that expires after March 31, 2021
but before August 1, 2021 is considered valid until 120 days after the date of
the expiration. If the secretary of state receives an application to renew an
official state personal identification card that expires on or after March 1,
2020 before March 31, 2021, the secretary of state shall process the
application as a renewal of an existing official state personal identification
card. If the secretary of state receives an application to renew an official
state personal identification card that expires after March 31, 2021 but before
August 1, 2021, the secretary of state shall process the application as a
renewal of an existing official state personal identification card until 120
days after the date of the expiration.After the
secretary of state develops or enters into a contract to develop the mobile
license system under section 310a of the Michigan vehicle code, 1949 PA 300,
MCL 257.310a, on request of an individual issued a physical official state
personal identification card under this section, the secretary of state may issue
a mobile official state personal identification card to the individual. The
secretary of state shall ensure that any data elements in the mobile official
state personal identification card match the data elements contained in the records
of the department of state. The secretary of state shall not issue or renew a
mobile official state personal identification card to an individual who does
not hold a valid physical official state personal identification card. On
request of a police officer or relying party, an individual may present the
individual's mobile official state personal identification card on the
electronic device on which the mobile official state personal identification
card is provisioned. The secretary of state may provision an individual's
mobile official state personal identification card to multiple electronic
devices through the mobile license system developed under section 310a of the
Michigan vehicle code, 1949 PA 300, MCL 257.310a. The
secretary of state shall regularly update an individual's information in a mobile
official state personal identification card and set the validity period of a
mobile official state personal identification card. The fee for an original
or renewal mobile official state personal identification card must not be more
than $4.00. The secretary of state shall deposit the money collected under this
subsection in the mobile license fund created under section 811c(2) of the
Michigan vehicle code, 1949 PA 300, MCL 257.811c.
(27) As used in
this section:
(a)
"Communication impediment" means an individual has a health condition
that may impede communication with a police officer, including, but not limited
to, any of the following:
(i) Deafness or hearing loss.
(ii) An autism spectrum disorder.
(b) "Data elements" means a distinct component of an
individual's information that is found on the records of the department of
state.
(c) (b) "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.
(d) "Provision" means that term as defined in section 310a of
the Michigan vehicle code, 1949 PA 300, MCL 257.310a.
(e) "Relying party" means that term as defined in section 3 of
the relying parties on mobile licenses act.
(f) "Validity period" means that term as defined in section
310a of the Michigan vehicle code, 1949 PA 300, MCL 257.310a.
Enacting section 1. This amendatory act does not take
effect unless all of the following bills of the 103rd Legislature are enacted
into law:
(a) Senate
Bill No. ____ (request no. S04151'25) or House Bill No. ____ (request no. H04151'25).
(b) Senate
Bill No. ____ (request no. S04152'25) or House Bill No. ____ (request no. H04152'25).
(c) Senate
Bill No. 620.