HOUSE BILL NO. 5193
November 05, 2019, Introduced by Reps. Hood,
Garza, Tyrone Carter, Guerra, Cynthia Johnson, Byrd, Lasinski, Gay-Dagnogo,
Brenda Carter, Hoadley, Cherry, Kennedy, LaGrand, Bolden, Rabhi and
Wittenberg 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 sections 1 and 2 (MCL 28.291 and 28.292), section 1 as amended by 2018 PA 605 and section 2 as amended by 2018 PA 669, and by adding section 1b.
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 Except as provided in section 1b, 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 must 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 an official state personal identification card must be made in a manner prescribed by the secretary of state and must 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. For automatic voter registration purposes under section 493a of the Michigan election law, 1954 PA 116, MCL 168.493a, an applicant for an official state personal identification card must indicate on the application or change of address application whether he or she is a citizen of the United States. An application must allow the applicant to indicate that the applicant declines to use the application as a voter registration application.
(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 Except as provided in section 1b, 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 Except as provided in section 1b, 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 health and human services, for comparison with vital records maintained by the department of health and human services 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 or to an applicant under section 1b.
(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. 1b. (1) Notwithstanding section 1, the department of state shall issue an official state personal identification card to an applicant who is unable to submit sufficient documents to verify his or her identity and legal presence in the United States as required under section 1 or who chooses not to obtain an official state personal identification card that meets the criteria under the real ID act of 2005, Public Law 109-13, if the applicant satisfies all other requirements of this section, the requirements of section 1 other than legal presence in the United States and providing a Social Security number, and the rules promulgated by the department of state under subsection (2).
(2) The department of state shall, in consultation with appropriate interested parties, including, but not limited to, law enforcement and immigrants' rights representatives, promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, for all of the following purposes:
(a) Identifying documents that are acceptable to the department for the purpose of proving identity or Michigan residency, subject to subsection (3).
(b) Establishing procedures for verifying the authenticity of the documents described in subdivision (a).
(c) Issuing a temporary official state personal identification card pending the verification of any document's authenticity.
(d) Establishing a hearing process for an applicant to appeal the denial of an official state personal identification card or temporary official state personal identification card under this section.
(3) Acceptable documents for purposes of proving identity or Michigan residency must include, but are not limited to, all of the following:
(a) A valid unexpired consular identification document issued by a consulate from the applicant's country of citizenship or a valid unexpired passport from the applicant's country of citizenship.
(b) An original birth certificate or other proof of age. If an original birth certificate is in a language other than English, the applicant shall provide a certified translation of the birth certificate.
(c) A home utility bill, lease or rental agreement, or other proof of Michigan residence.
(d) One or more of the following documents that, if in a language other than English, must be accompanied by a certified translation or an affidavit of translation into English:
(i) A marriage license or divorce certificate.
(ii) A foreign federal electoral photo card issued on or after January 1, 1991.
(iii) A foreign driver license.
(e) A receipt for a United States Department of Homeland Security form I-589, application for asylum and for withholding of removal.
(f) An official school or college transcript that includes the applicant's date of birth, or an official foreign school record that includes a photograph of the applicant at the age the record was issued.
(g) A United States Department of Homeland Security form I-20 or form DS-2019.
(h) A deed or title to real property.
(i) A property tax bill or statement issued within the 12 months preceding the date of application.
(j) An income tax return.
(4) An official state personal identification card issued under this section, including a temporary official state personal identification card, must include a recognizable feature on the front of the card indicating that it is not valid for official federal purposes, and must also contain an indication that the card is not valid for official federal purposes in electronic or machine-readable codes. The feature on the front of the license and the indication in electronic or machine-readable codes must be indistinguishable from other licenses issued by the secretary of state that are not valid for federal purposes pursuant to the real ID act of 2005, Public Law 109-13.
(5) A person shall not discriminate against an individual because that individual holds or presents an official state personal identification card or a temporary official state personal identification card issued under this section.
(6) A police officer shall not detain, arrest, penalize, or discriminate against an individual based solely on that individual's presentation of an official state personal identification card or a temporary official state personal identification card issued under this section.
(7) Except when necessary to comply with a judicially issued warrant or subpoena, information collected under this section is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(8) Notwithstanding any other provision of law, information regarding an applicant's Social Security number or ineligibility for a Social Security number obtained by the department under this section is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(9) This section and documents prepared under this section do not grant an individual who is not a United States citizen the right to vote.
(10) As used in this section:
(a) "Michigan residency" means that an individual maintains a settled home or domicile in this state at which the individual resides, except for a temporary absence. Michigan residency does not require that the individual be a United States citizen or lawfully present in the United States.
(b) "Person" means that term as defined in section 40 of the Michigan vehicle code, 1949 PA 300, MCL 257.40.
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
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) 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, 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 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, except for a
license issued under section 1b, 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 department 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) 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.