Senate Bills Proof of Michigan Residency

Transcription

1 Senate Bills Prf f Michigan Residency Testimny f Terri L. Stangl Senate Transprtatin Cmmittee January 31, :00 PM C ENTER F OR C IVIL J USTICE 320 Suth Washingtn, 2nd Flr Saginaw, Michigan Vice: (989) Fax: (989) tstangl@ccj-mi.rg Fighting pverty thrugh advcacy, educatin, and empwerment.

2 1 Testimny f Terri L. Stangl Chairman Gilbert and members f the Senate Transprtatin Cmmittee, my name is Terri Stangl and I am the Executive Directr f the Center fr Civil Justice. The Center is a nn-prfit rganizatin with ffices lcated in Saginaw and Flint. We advcate fr lw-incme persns and wrk with cmmunity rganizatins in a 14 -cunty regin that includes urban areas such as Flint, Saginaw, Midland, and Prt Hurn, as well rural cunties in central and eastern Michigan. We als prvide plicy analysis and technical assistance t nn-prfit scial service prviders, including cmmunity-based and faithbased rganizatins, and advcates thrughut the state n issues that affect lw-incme persns. First, I wish t nte that we supprt a change in law that will ensure that temprary lawful immigrants will be able t btain drivers licenses and state identificatin cards. Secnd, I am here tday n behalf f hundreds and pssibly thusands - f Michigan residents, wh have n prblem prviding they are lawful citizens r permanent resident aliens, but wh still cannt btain a Michigan ID card r driver s license under current plicy and practice f the Secretary f State, simply because they cannt prve they are a resident under the standards set up by the Secretary f State. Peple wh d nt have incme with which t pay fr husing r utilities, r t pen a bank accunt cannt btain drivers licenses r State IDs, even if they can find smene t help t pay the Secretary f State fees fr the license r ID card. Hmelessness in Michigan A 2006 reprt frm the Michigan Calitin t End Hmelessness used data reprted by hmeless assistance agencies t the Michigan Statewide Hmelessness Management Infrmatin System in 2006 t cmpile a preliminary cunt f peple wh are living in shelters r n the street, r wh were prevented frm becming hmeless due t the interventin f an agency. Between January and June 2006, they identified ver 50,000 peple. This did nt include wmen living in dmestic vilence shelters, r peple wh were dubled up with friends and family. This reprt shwed that 41% f the hmeless had n incme and 69% had incme under $500 per mnth. 66% were men in their 40s and 50s. At 14% f the chrnically hmeless reprted that they were veterans and this percentage was deemed t be lw. Surce: Baseline Data Reprt - the State f Michigan's Hmeless, Michigan Campaign t End Hmelessness What Dcuments are Required t Prve Residence? State law has always said that a persn must prve they reside in Michigan in rder t qualify fr a driver s licens r ID. The prblem arises frm the dcuments that the

3 2 Secretary f State requires in rder fr peple t prve their residence. The current requirements make it impssible fr mst peple wh d nt have the mney t pay rent r utilities t shw they are a resident f the state. The Department f State s website and a pamphlet distributed t the public says that peple wh wish t btain state ID cards must prduce TWO f the dcuments listed. (A cpy f the pamphlet is attached). Utility bill r credit card bill issued within the last 90 days. (Electrnic cpies are acceptable.) Accunt statement frm a bank r ther financial institutin issued within the last 90 days shwing that recent transactins have taken place in Michigan. (Electrnic cpies are acceptable.) Michigan high schl, cllege r university reprt cards r transcripts less than tw years ld. Mrtgage, lease r rental agreement. (Lease and rental agreements must include the landlrd s telephne number.) Pay stub r earnings statement issued with the name and address f the emplyer. Life, health, aut r hme insurance plicy. Federal, state r lcal gvernment dcuments, such as receipts, licenses r assessments. Michigan title and registratin. (The registratin must shw current residential address.) NOTE: Residency dcuments in a family member s name may be used if the family relatinship can be established by ther frms f dcumented prf. Surce: SOS-428 (1/08) Allwable Dcuments t Prve Residency Excludes Many Peple withut Incme wh live with thers We are pleased t see that the list f acceptable dcuments as f January 2008 is actually a little brader than the list previusly published. Hwever, it still creates barriers fr lng term Michigan residents wh simply wh d nt have incme. Many peple cannt prvide tw f these dcuments because they are unemplyed, living with friends, r cannt dcument their relatinship with the relatives with whm they live. Hw, fr example, wuld mst f us prve that smene we live with is an aunt r cusin? We dn t the right t get birth certificates fr all ur relatives. These dcuments are simple fr mst peple wh are emplyed r recently ut f schl t prvide. Cnsider, hwever, the plight f a 50 year wman wh mves in with a

4 3 cusin after leaving an abusive husband wh never let her drive. Or a man wh finishes serving time in prisn and mves in with a girlfriend until he can find a jb. Or a 22 year ld living with a friend wh has wrked dd jbs but has never gne t cllege r had a drivers license. All these individuals are unable t prve residency because they d nt have incme t pay fr rent, utilities, a mrtgage, insurance r the ther kinds f expenses that are required t dcument residency under the Secretary f State s list. They d nt have bank accunts; mst use check cashing services if they get any mney, r use the state s Bridge Card t make purchases at a stre. The vast majrity f hmeless peple in Michigan are nt n the streets; they are dubled up with anther persn wh has sme incme and wh has the bills in their wn name. The Secretary f State s plicies put these lw-incme persns int a Catch- 22 situatin. They d nt have the mney they need t pay fr the things that prve they are a resident. Because they dn t have the mney t put husing and utilities csts int their name, they can t prvide residency, even if they have lived in Michigan their entire life. Because they cannt prve they are a resident, they cannt btain a driver s license r State ID which they may need t get a jb. They need a jb in rder t have mney t start paying rent and utilities r pen a bank accunt. Dcumentatin Barriers t Obtaining a State ID r Drivers License Nn-prfit rganizatins that help lw-incme peple are running int substantial prblems in btaining IDs r Drivers Licenses, especially fr hmeless peple wh are living with friends r extended family members. If these individuals d nt have the tw required dcuments, they will nt be able t btain a state ID. They can t use ther dcuments, such as prf f mail received at an address, Department f Human Services recrds, etc. We recently have heard that peple wh previusly prved their residency when they had jbs are being frced t dcument their residency all ver again if their drivers license was suspended. As unemplyment increases, increasing numbers f peple face changed circumstances and may n lngerhave prf they currently are paying husing r utility bills. Althugh the Secretary f State has adpted an infrmal plicy f allwing recgnized shelter t verify the residency f peple wh live in the shelter, nly a small fractin f Michigan s hmeless actually can find space in shelters. Mst live with ther peple. In additin, we are tld by cmmunity rganizatins that nt all branch ffices will accept prf prvided by shelters. Financial Barriers t Obtaining a State ID r Drivers License

5 4 Very lw-incme peple cannt btain a state picture ID if they cannt affrd the fee fr such identificatin. T smene wh has NO incme (41% f the 50,000 hmeless peple) this is a significant barrier. A picture ID is currently required fr smene t btain either cash assistance r medical assistance frm the Michigan Department f Human Services. Smene wh is seeking cash assistance des nt have the mney t btain a picture ID in rder t get cash assistance. Prblems caused by nt having State ID r Drivers License Withut a state ID, many lw-incme persns have barriers t self-suffiiency. Fr example, agencies reprt, peple need a picture ID card t be seen by a Scial Security Office Emplyee. Peple need a picture ID t enter state and federal gvernment buildings t btain basic gvernment services. Peple need a picture ID t enter federal curthuses. Peple need a picture ID t vte. By using standards that are difficult fr unemplyed peple t meet, the State is making it even harder fr these individuals t have the dcuments they need t find and keep jbs and t becme self-sufficient. Recmmendatins: (1) We recmmend that the new state law ensure that the Secretary f State des nt exercise her discretin in manner that excludes hundreds f Michigan residents frm btaining a drivers license r state ID merely because they d nt have a jb r ther incme with which t put a rent r utility bill in their wn name, and because they are nt living with a family member. We recmmend that the Secretary f State be required t ensure that the list f dcuments that can be used t prve residency des nt exclude persns based n their lack f incme, living arrangements, r because they are hmeless as defined in reference t hmeless children under the federal McKinney Vent Hmeless Assistance Act, 42 USC et seq. (2) We recmmend that the fees fr btaining a state ID card be waived fr peple wh can shw they need a picture ID in rder t btain public assistance (fr example, by prviding a verificatin checklist issued by the Michigan Department f Human Services) r wh currently receive Fd Assistance. Such picture IDs are currently required in rder fr indigent peple t btain cash assistance r Medicaid.

6 5 Amendment t SB 962 Prpsed language is underlined. Sec (1) An applicant fr an peratr's r chauffeur's license shall supply a PHOTOGRAPHIC IDENTITY DOCUMENT, A birth certificate, attesting t his r her age r OTHER NONPHOTOGRAPHIC IDENTITY DOCUMENT AND ther sufficient dcuments r identificatin as the secretary f state may require. THESE DOCUMENTS SHALL PROVIDE THE APPLICANT'S FULL LEGAL NAME HISTORY AND DATE OF BIRTH, HIS OR HER ADDRESS AND RESIDENCY, AND DEMONSTRATE THAT THE APPLICANT IS A CITIZEN OF THE UNITED STATES, IS AN ALIEN LAWFULLY ADMITTED FOR PERMANENT OR TEMPORARY RESIDENCE IN THE UNITED STATES, OR HAS CONDITIONAL PERMANENT RESIDENT STATUS IN THE UNITED STATES. The secretary f state shall ensure that the list f acceptable dcuments required t prve residency d nt exclude individuals wh d nt have incme with which t pay fr husing expenses, wh live with smene else that pays fr the husing expenses, r because they are hmeless as defined by Sectin 725(2)(A) f the McKinney-Vent Hmeless Assistance Act, 42 USC et seq and includes all persns living in the circumstances described in Sectin 725(2)(B)(i)-(iii) f that Act. An applicatin fr an peratr's r chauffeur's license shall be made in a manner prescribed by the secretary f state and shall cntain all f the fllwing: (a) The applicant's full LEGAL name, date f birth, residence address, which may include a street intersectin r hmeless shelter in the case f a hmeless persn, height, sex, eye clr, signature, and, beginning January 1, 2007, intent t be an rgan dnr, ther infrmatin required r permitted n the license under this chapter, and, t the extent required t cmply with federal law, the applicant's scial security number. The applicant may prvide a mailing address if the applicant receives mail at an address different frm his r her residence address.

7 6 Prpsed Amendment t SB 963 Prpsed Language is Underlined Sec. 1. (1) A persn wh is a resident 1 f this state may apply t the department f state fr an fficial state persnal identificatin card. Upn applicatin, the applicant shall supply A PHOTOGRAPHIC IDENTITY DOCUMENT, a birth certificate attesting t his r her age r OTHER NONPHOTOGRAPHIC 1 IDENTITY DOCUMENT, AND ther sufficient dcuments r identificatin as the secretary f state may require. THESE DOCUMENTS SHALL DEMONSTRATE THE APPLICANT'S FULL LEGAL NAME HISTORY, DATE OF BIRTH, SOCIAL SECURITY NUMBER, AND HIS OR HER ADDRESS AND RESIDENCY, AND THAT THE APPLICANT IS A CITIZEN OF THE UNITED STATES, IS AN ALIEN LAWFULLY ADMITTED FOR PERMANENT OR TEMPORARY RESIDENCE IN THE UNITED STATES, OR HAS CONDITIONAL PERMANENT RESIDENT STATUS IN THE UNITED STATES. The secretary f state shall ensure that the list f acceptable dcuments required t prve residency d nt exclude individuals wh d nt have incme with which t pay fr husing expenses, wh live with smene else that pays fr the husing expenses, r because they are hmeless as defined by Sectin 725(2)(A) f the McKinney-Vent Hmeless Assistance Act, 42 USC et seq and includes all persns living in the circumstances described in Sectin 725(2)(B)(i)-(iii) f that Act. An applicatin fr a state persnal identificatin card shall be made in a manner prescribed by the secretary f state and shall cntain the applicant's full LEGAL name, date f birth, SOCIAL SECURITY NUMBER, residence address, which in the case f a hmeless persn may include a street intersectin r the address f a hmeless shelter height, sex, eye clr, signature, and, beginning January 1, 2007, intent t be an rgan dnr, and ther infrmatin required r permitted n the fficial state persnal identificatin card. The applicant may prvide a mailing address if the applicant receives mail at an address different frm his r her residence address.

8 7 Amendment t SB 963 Prpsed Language is Underlined. (12) Except as therwise prvided in this act, an applicant shall pay a fee f $10.00 NOT MORE THAN $20.00 t the secretary f state fr each riginal r renewal identificatin card issued. This fee shall be waived fr any individual wh can verify that the Michigan Department f Human Services has required the individual t prvide picture identificatin in rder t receive public assistance r wh verifies that that he r she receives Fd Assistance. The department f treasury shall depsit the fees received and cllected under this sectin in the state treasury t the credit f the general fund.