Bill Text: MI SB1240 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: State; identification cards; declaration of United States citizenship on personal identification card application; require for automatic voter registration, and provide for automatic voter registration opt-out. Amends sec. 1 of 1972 PA 222 (MCL 28.291).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-31 - Assigned Pa 605'18 With Immediate Effect 12/31/18 Addenda [SB1240 Detail]
Download: Michigan-2017-SB1240-Engrossed.html
SB-1240, As Passed House, December 20, 2018
SB-1240, As Passed Senate, December 6, 2018
SUBSTITUTE FOR
SENATE BILL NO. 1240
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 2018 PA 176.
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
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. 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 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 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
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
Social Security number on the person's official state
personal identification card.
(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.
(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 does not take effect
unless Senate Bill No. 1238 of the 99th Legislature is enacted into
law.
