April 24, 2013, Introduced by Reps. Zemke, Irwin, Dillon, Singh, Tlaib, Schor, Knezek and Ananich 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.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) A person An individual 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 or deferred status
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, or has deferred status 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 necessary 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 an
individual 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 or deferred status in the United States. Nothing in this act
shall
obligate obligates or shall
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 or does not have deferred
status 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, for comparison
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)
The secretary of state shall not display a person's an
individual's
social security number on the person's
individual'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 an
individual holding an
official state personal identification card issued by another state
without
confirmation that the person individual
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.
(12) As used in this section, "deferred status" means that the
individual has been granted a deferral from prosecution for
unlawful status in the United States by the United States
department of homeland security through the federal executive
branch program known as deferred action for childhood arrivals
(DACA).