PROHIBIT DRIVERS LICENSE AND STATE ID TO ILLEGAL ALIENS

House Bill 5497

Sponsor: Rep. Lauren Hager

House Bill 5498

Sponsor: Rep. Carl M. Williams

Committee: Transportation

Complete to 12-13-01

A SUMMARY OF HOUSE BILLS 5497 AND 5498 AS INTRODUCED 12-12-01

The bills would prohibit the secretary of state from issuing a drivers license or a state identification card to illegal aliens. A more detailed description of each bill follows.

House Bill 5497 would amend the Michigan Vehicle Code (MCL 257.51, 257.209, 257.303, and 257.314) to prohibit the secretary of state from issuing a driver license to a person who is in the United States unlawfully. Further, the bill specifies that the expiration of a legal alien's license would be the customary expiration date (on the birthday of the person in the fourth year following the date of issuance), or the date on which that person's presence in the United States became unlawful, whichever occurred first.

In addition, House Bill 5497 specifies that if the Department of State has reasonable cause to believe that an application for a vehicle registration, certificate of title, or an operator's or chauffeur's license, or any other application made to the department contained information that the applicant was an illegal alien, the department could report that information to an appropriate United States government agency. Finally, the bill would modify the definition of "resident" that is used for the purposes of this act. Currently under the code, "resident" means every person who resides in a settled or permanent home or domicile with the intention of remaining in this state. Further, a person who obtains employment in this state is presumed to have the intention of remaining in this state. House Bill 5497 would retain these provisions, but the bill would add that a United States citizen or an alien lawfully in the United States is presumed to be a resident of this state if he or she has resided in this state for at least 30 days.

House Bill 5498 would amend Public Act 222 of 1972, which provides for an official personal identification card (MCL 28.291, 28.291a, and 28.292), to prohibit the secretary of state from issuing an official state personal identification card to a person who is in the United States unlawfully. The bill also specifies that if the Department of State has reasonable cause to believe that an application contains information that the applicant is an illegal alien, then the department could report that information to an appropriate United States government agency.

Further, the bill would add a definition of "resident" to this statute. Under the bill, "resident" would mean a person who resides in a settled or permanent home or domicile with the intention of remaining in this state. A person who obtains employment in this state would be


presumed to have the intention of remaining in this state. A United States citizen or an alien lawfully in the United States would be presumed to be a resident of this state if he or she has resided in the state for at least 30 days. This definition would only apply to this act.

The bill also would add a definition of "cancellation" to this statute. Under the bill, "cancellation" would mean that a personal identification card is annulled and terminated because of an error or defect or because the holder is no longer entitled to such identification. Cancellation of a personal identification card would be without prejudice. An application for a new personal identification card could be made at any time after that cancellation.

Finally, the bill specifies that the expiration of an original or renewal official state personal identification card would be the customary expiration date (on the birthday of the person in the fourth year following the date of issuance), or the date on which that person's presence in the United States became unlawful, whichever occurred first.

Analyst: J. Hunault

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This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.