February 1, 2011, Introduced by Reps. Oakes, Horn, Bledsoe, Irwin, Santana, Cavanagh and Olumba and referred to the Committee on Judiciary.
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 2008 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 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, and
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 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 biography 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 documents demonstrating his or
her legal presence in the United States. A person legally present
in the United States includes, but is not limited to, a person
authorized by the United States government for employment in the
United States, a person with nonimmigrant status authorized under
federal law, and a person who is the beneficiary of an approved
immigrant visa petition or an approved labor certification. The
secretary of state shall 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.
(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) (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.
(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 all of the following bills of the 96th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 4182(request no.
00820'11).
(b) Senate Bill No.____ or House Bill No. 4184(request no.
00820'11 b).
(c) Senate Bill No.____ or House Bill No. 4185(request no.
00820'11 c).
(d) Senate Bill No.____ or House Bill No. 4186(request no.
00820'11 d).