Bill Text: MI HB5756 | 2019-2020 | 100th Legislature | Enrolled
Bill Title: State: identification cards; extension of renewal date for state identification cards during a declared emergency; provide for. Amends sec. 2 of 1972 PA 222 (MCL 28.292) TIE BAR WITH: HB 5757'20, HB 6192'20
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2020-10-28 - Assigned Pa 242'20 With Immediate Effect [HB5756 Detail]
Download: Michigan-2019-HB5756-Enrolled.html
state of michigan
100th Legislature
Regular session of 2020
Introduced by Rep. Mueller
ENROLLED HOUSE BILL No. 5756
AN ACT 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 2020 PA 128.
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) 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 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 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 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 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) 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 28.736,
upon 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 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 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 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 December 11, 2020. 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 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 application for an official state personal identification
card during a period in which he or she 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 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) 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 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 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.
(23) 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 the payment
of the fee required in subsection (24) and upon 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, 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 option and upon 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, 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 expiring on or
after March 1, 2020 is considered valid until December 11, 2020. 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 December 11, 2020, the
secretary of state shall process the application as a renewal of an existing
official state personal identification card.
(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, the
following:
(i) Deafness or hearing loss.
(ii) An autism spectrum disorder.
(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.
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:
(a) House Bill No. 5757.
(b) House Bill No. 6192.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor