HOUSE BILL No. 4929

 

October 1, 2015, Introduced by Reps. Chirkun, Derek Miller, Wittenberg, Dianda, Lane, Plawecki, Darany, Brinks, Phelps, Rutledge, Chang, Garrett, Schor, Smiley, Brunner, Gay-Dagnogo, Byrd, LaVoy, Cochran, Greig, Yanez, Sarah Roberts, Geiss, Durhal, Zemke, Robinson, Pagan, Moss, Kivela and Kosowski and referred to the Committee on Elections.

 

     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.

 

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 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

 

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 state personal

 

identification card shall be made in a manner prescribed by the

 

secretary of state and shall 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 shall indicate on the application, renewal

 

application, or change of address application whether he or she is

 

a citizen of the United States.

 

     (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 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 and human

 

services, for comparison with vital records maintained by the

 

department of community 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.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. ____ or House Bill No. 4927 (request no.

 

02753'15) of the 98th Legislature is enacted into law.