HB-4075, As Passed Senate, February 9, 2012

SUBSTITUTE FOR

HOUSE BILL NO. 4075

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 2011 PA 158.

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 ~~(3)~~ (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.

(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) ~~(2)~~ 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) ~~(3)~~ 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) ~~(4)~~ 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.

with vital records maintained by the department of community health

under part 28 of the public health code, 1978 PA 368, MCL 333.2801

to 333.2899.

(d) As otherwise required by law.

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

social security number on the person's official state personal

identification card.

(8) ~~(6)~~ 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) ~~(7)~~ 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) ~~(8)~~ 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) ~~(9)~~ 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.

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 all of the following bills of the 96th Legislature are

enacted into law:

(a) House Bill No. 4074.

(b) House Bill No. 4076.