voter registration opt-out; identification card issued by department of corrections as
documentation; electronic access to prisoner information; person holding operator's or
chauffeur's license; applicant not citizen of United States; disclosure or display of Social
Security number; exception; agreements with federal government; termination of official
state personal identification card issued by another state; duties of secretary of state;
communication impediment designation.
Sec. 1.
(1) An individual who is a resident of this state may apply to the secretary 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 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 the applicant's current full legal name. An
application for an official state personal identification card must be made in a manner
prescribed by the secretary of state and 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 number. The applicant
may provide a mailing address if the applicant receives mail at an address different from the
applicant's residence address. Beginning June 27, 2021, if the applicant is a program
participant in the address confidentiality program under the address confidentiality program
act, 2020 PA 301, MCL 780.851 to 780.873, the applicant shall present to the secretary of state
the applicant's participation card issued under the address confidentiality program act, 2020 PA
301, MCL 780.851 to 780.873. Only for voter registration transactions under section 493a(6)
of the Michigan election law, 1954 PA 116, MCL 168.493a, an applicant for an official state
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personal identification card must indicate on the application or change of address application
whether the applicant is a citizen of the United States. Only for voter registration transactions
under section 493a(6) of the Michigan election law, 1954 PA 116, MCL 168.493a, 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 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 the applicant's legal presence in the United
States. Nothing in this act obligates 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 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) To the department of health and human services, for comparison with vital records
maintained by the department of 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 an individual's Social Security number on the
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 that the applicant 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 an
individual holding an official state personal identification card issued by another state without
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confirmation that the 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 each person authorized to manufacture or produce official state personal
identification cards and each person who has 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 secretary of state employees
engaged in the issuance of official state personal identification cards.
(12) If an individual meets the requirements under subsection (13), beginning July 1, 2021,
the secretary of state shall allow the individual to elect a communication impediment
designation on the application maintained in the central file under section 7 or in another
appropriate system that limits access to an individual allowed access to public record
information by the criminal justice information policy council under the C.J.I.S. policy council
act, 1974 PA 163, MCL 28.211 to 28.215, and that allows an individual with access to view a
communication impediment designation with an official state personal identification card.
(13) An individual seeking an election for a communication impediment designation under
subsection (12) shall provide the secretary of state a certification that meets all of the
following:
(a) Is signed by a physician, physician assistant, certified nurse practitioner, audiologist,
speech-language pathologist, psychologist, or physical therapist licensed to practice in this
state.
(b) Identifies the individual for whom the communication impediment designation is being
elected.
(c) Attests to the nature of the health condition that may impede communication.
(14) The secretary of state shall not display an individual's communication impediment
designation on the individual's official state personal identification card.
(15) An individual who intentionally makes a false statement of material fact or commits or
attempts to commit a deception or fraud on a statement described under subsection (13) is
guilty of a misdemeanor punishable by imprisonment for not more than 30 days or a fine of
not more than $500.00, or both.
(16) Subject to subsection (17), the secretary of state may cancel or revoke a
communication impediment designation elected and maintained under this section if either of
the following circumstances applies:
(a) The secretary of state determines that a communication impediment designation was
fraudulently or erroneously elected.
(b) The secretary of state determines the communication impediment designation was
abused during a traffic stop.
(17) The secretary of state shall provide an individual notice and an opportunity to be heard
before canceling or revoking a communication impediment designation under subsection (16).
(18) As used in this section, "communication impediment" means an individual has a health
condition that may impede communication with a police officer, including, but not limited to,
any of the following:
(a) Deafness or hearing loss.
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(b) An autism spectrum disorder.§ 28.291Official state personal identification card; application; requirements; automatic
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Primary source. The text above is the canonical statute body as it appears in this revision of the atlas. Verify against the official gazette before quoting in litigation or formal advice. Spot an error? Suggest a correction.