Bill Text: MI HB6048 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: State; identification cards; fee waiver and procedure for issuance of state identification card as valid identification for voting purposes; modify under certain circumstances. Amends secs. 1, 1a & 2 of 1972 PA 222 (MCL 28.291 et seq.). TIE BAR WITH: HB 6046'18, HB 6047'18

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-05-22 - Bill Electronically Reproduced 05/17/2018 [HB6048 Detail]

Download: Michigan-2017-HB6048-Introduced.html

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HOUSE BILL No. 6048

 

 

May 17, 2018, Introduced by Reps. Lilly, Lower, Kesto and Miller and referred to the Committee on Elections and Ethics.

 

     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, 1a, and 2 (MCL 28.291, 28.291a, and

 

28.292), section 1 as amended by 2012 PA 25, section 1a as amended

 

by 2008 PA 31, and section 2 as amended by 2017 PA 31.

 

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, an affidavit

 

and information under subsections (3) and (4), 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). (8). 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 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 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) Subject to subsections (4) and (5), in lieu of a birth

 

certificate or other nonphotographic identity document required

 

under subsection (1), the secretary of state shall accept an

 

affidavit in a form prescribed by the secretary of state, made by

 

an applicant under penalty of perjury, that includes, at a minimum,

 

all of the following:

 

     (a) The applicant's date of birth as represented by the

 

applicant.

 

     (b) That the applicant is a citizen of the United States and

 

possesses the qualifications of an elector under section 492 of the

 

Michigan election law, 1954 PA 116, MCL 168.492.

 

     (c) That the applicant has attempted and failed to obtain a

 

birth certificate or other form of nonphotographic identification

 

required under subsection (1) from the applicant's state, United

 

States territory, or foreign country of birth as a result of either

 

of the following:

 

     (i) A requested record cannot be located by the applicant's

 

state, United States territory, or foreign country of birth.

 

     (ii) The applicant is indigent, and the cost of obtaining the

 

record is prohibitive to the applicant.

 

     (d) That the applicant does not possess any other form of

 

identification for election purposes and requires an official state

 

personal identification card to vote.

 

     (4) An affidavit described in subsection (3) must be

accompanied by all of the following:

 

     (i) Documentation from or evidence of communication with the

 

applicant's state, United States territory, or foreign country of

 

birth supporting the applicant's attestation under subsection

 

(3)(c)(i), if applicable.

 

     (ii) Documentation of the cost of the requested record

 

described in subsection (3)(c)(ii), if applicable, and whether the

 

applicant is or is not eligible for any reduced or waived fee to

 

obtain that record.

 

     (iii) At least 1 document supporting the applicant's

 

attestation under subsection (3)(a).

 

     (iv) An official statement from the state registrar or a local

 

registrar described in section 2891(2) of the public health code,

 

1978 PA 368, MCL 333.2891, that a Michigan birth certificate could

 

not be located for the applicant.

 

     (5) An official state personal identification card issued by

 

the secretary of state using an affidavit described in subsection

 

(3) must only be issued if the issuance otherwise complies with

 

this act, and any other applicable laws or regulations of this

 

state or the United States.

 

     (6) (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).

 

     (7) (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.

 

     (8) (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.

 

     (9) (6) The secretary of state shall not disclose a social

 

security 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 To the department of community health, 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.

 

     (10) (7) The secretary of state shall not display a person's

 

social security Social Security number on the person's official

 

state personal identification card.

 

     (11) (8) A requirement under this section to include a social

 

security 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 Social Security number.

 

     (12) (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.

 

     (13) (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.

 

     (14) (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. 1a. As used in this act:

 

     (a) "Highly restricted personal information" includes an

 

individual's photograph or image, social security Social Security

 

number, digitized signature, and medical and disability information

 

and source documents presented by an applicant to obtain a an

 

official state personal identification card under section 1.

 

     (b) "Personal information" means information that identifies

 

an individual, including the individual's photograph or image,

 

name, address (but not the 5-digit zip code), driver license

 

number, social security Social Security number, telephone number,

 

digitized signature, and medical and disability information.

 

     (c) "Identification for election purposes" means that term as

 

defined in section 2 of the Michigan election law, 1954 PA 116, MCL

 

168.2.

 

     (d) (c) "Residence address" means the place that is the

 

settled home or domicile at which a person legally resides, which

meets the definition of residence as that term is defined in

 

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

 

     (e) (d) "Resident" means every person who resides in this

 

state and establishes that he or she is legally present in the

 

United States. This definition applies to the provisions of this

 

act only.

 

     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.

 

     (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 shall

 

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 shall 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) For By the secretary of state to forward 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) For By the secretary of state to forward 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) 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 voting purposes. The secretary

 

of state shall mark an official state personal identification card

 

in a manner that clearly indicates that the state personal

identification card was issued using an affidavit and information

 

under section 1(3) and (4) in the same manner as an official state

 

personal identification card issued under procedures established by

 

the secretary of state to comply with 6 CFR 37.71.

 

     (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 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 decides to add or remove a heart

 

insignia described in subsection (1)(d).

 

     (f) An individual who does not possess identification for

 

election purposes, who possesses the qualifications of an elector

 

under section 492 of the Michigan election law, 1954 PA 116, MCL

 

168.492, and who certifies under penalty of perjury in a form

 

prescribed by the secretary of state that the individual requires

 

an official state personal identification card to vote and cannot

 

otherwise obtain identification for election purposes without

 

payment of a fee to the issuing agency that is prohibitive to the

 

individual.

 

     (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.

 

     (23) For the 2017-2018 fiscal year, $1,000,000.00 is

 

appropriated from the general fund to the department of state for

 

issuing official state personal identification cards and to

 

implement the provisions of the amendatory act that added this

 

subsection.

 

     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 all of the following bills of the 99th Legislature are

 

enacted into law:

 

     (a) Senate Bill No.____ or House Bill No. 6046 (request no.

 

02188'17 *).

 

     (b) Senate Bill No.____ or House Bill No. 6047 (request no.

 

02189'17 *).