Bill Text: MI HB5537 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: State; identification cards; do-not-resuscitate (DNR) and no-heroic-measures (NHM) designations on state identification cards; allow. Amends sec. 2 of 1972 PA 222 (MCL 28.292).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-04-13 - Bill Electronically Reproduced 04/12/2016 [HB5537 Detail]

Download: Michigan-2015-HB5537-Introduced.html

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HOUSE BILL No. 5537

April 12, 2016, Introduced by Rep. Vaupel and referred to the Committee on Health Policy.

 

     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 2016 PA 5.

 

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 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 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, a "DNR" or "NHM" 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. As used in this subsection:

 

     (a) "DNR" means do not resuscitate.

 

     (b) "NHM" means no heroic measures.

 

     (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).

 

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 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 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 shall not contain the 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 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 wishes 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

 

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), 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.

 

     (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 would

 

allow 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 shall 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

 

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) 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.