Bill Text: MI HB4795 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: State; identification cards; issuance of state identification card to undocumented persons; allow under certain circumstances. Amends sec. 1 of 1972 PA 222 (MCL 28.291) & adds sec. 1b.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-07-12 - Bill Electronically Reproduced 06/20/2017 [HB4795 Detail]

Download: Michigan-2017-HB4795-Introduced.html

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HOUSE BILL No. 4795

 

 

June 20, 2017, Introduced by Reps. Pagel, Chang, LaGrand, Rabhi, Hoadley, Pagan, Guerra, Geiss, Wittenberg, Sneller, Ellison, Hammoud, Sabo, Yanez, Love, Moss and Howrylak and referred to the Committee on Transportation and Infrastructure.

 

     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 1 (MCL 28.291), as amended by 2012 PA 25, 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 shall 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

 

shall must be made in a manner prescribed by the secretary of state

 

and shall 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.

 

     (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.

 

     (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 community health, health and human

 

services, for comparison with vital records maintained by the

 

department of community health 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.

 

     (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 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

 

the rules promulgated by the department under subsection (2).

 

     (2) The department 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 which, if in a

 

language other than English, shall 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 or

 

removal.

 

     (f) An official school or college transcript that includes the

 

applicant's date of birth, or a foreign school record that bears an

 

official seal and 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.

 

     (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

 

not subject to 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 not subject to disclosure under the freedom of

 

information act, 1976 PA 442, MCL 15.231 to 15.246.

 

     (9) 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 and that meets the definition of residence as defined in

 

section 11 of the Michigan election law, 1954 PA 116, MCL 168.11,

 

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.