Senate Bills 962-963

Proof of Michigan Residency

Testimony of Terri L. Stangl

Senate Transportation Committee

January 31, 2008
1:00 PM

CENTER FOR CIVIL JUSTICE

320 South Washington, 2nd Floor
Saginaw, Michigan 48607
Voice: (989) 755-3120 Fax: (989) 755-3558
tstangl@ccj-mi.org

Fighting poverty through advocacy, education, and empowerment.

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Testimony of Terri L. Stangl

Chairman Gilbert and members of the Senate Transportation Committee, my name is

Terri Stangl and I am the Executive Director of the Center for Civil Justice. The Center
is a non-profit organization with offices located in Saginaw and Flint. We advocate for
low-income persons and work with community organizations in a 14 -county region that
includes urban areas such as Flint, Saginaw, Midland, and Port Huron, as well rural
counties in central and eastern Michigan. We also provide policy analysis and technical
assistance to non-profit social service providers, including community-based and faith-
based organizations, and advocates throughout the state on issues that affect low-income
persons.

First, I wish to note that we support a change in law that will ensure that temporary
lawful immigrants will be able to obtain drivers licenses and state identification cards.

Second, I am here today on behalf of hundreds – and possibly thousands - of Michigan

residents, who have no problem providing they are lawful citizens or permanent resident
aliens, but who still cannot obtain a Michigan ID card or driver’s license under current
policy and practice of the Secretary of State, simply because they cannot prove they are a
“resident” under the standards set up by the Secretary of State. People who do not have
income with which to pay for housing or utilities, or to open a bank account cannot
obtain drivers licenses or State IDs, even if they can find someone to help to pay the
Secretary of State fees for the license or ID card.

Homelessness in Michigan
A 2006 report from the Michigan Coalition to End Homelessness used data reported by
homeless assistance agencies to the Michigan Statewide Homelessness Management
Information System in 2006 to compile a preliminary count of people who are living in
shelters or on the street, or who were prevented from becoming homeless due to the
intervention of an agency. Between January and June 2006, they identified over 50,000
people. This did not include women living in domestic violence shelters, or people who
were “doubled up” with friends and family.

This report showed that 41% of the homeless had no income and 69% had income under
$500 per month. 66% were men in their 40s and 50s. At 14% of the chronically
homeless reported that they were veterans and this percentage was deemed to be low.
Source: Baseline Data Report - the State of Michigan's Homeless, Michigan Campaign to
End Homelessness. 2006.

What Documents are Required to Prove Residence?

State law has always said that a person must prove they reside in Michigan in order to
qualify for a driver’s liocens or ID. The problem arises from the documents that the
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Secretary of State requires in order for people to prove their residence. The current
requirements make it impossible for most people who do not have the money to pay rent
or utilities to show they are a resident of the state.

The Department of State’s website and a pamphlet distributed to the public says that
people who wish to obtain state ID cards must produce TWO of the documents listed. (A
copy of the pamphlet is attached).

o Utility bill or credit card bill issued within the last 90 days. (Electronic copies
are acceptable.)
o Account statement from a bank or other financial institution issued within the last
90 days showing that recent transactions have taken place in Michigan.
(Electronic copies are acceptable.)
o Michigan high school, college or university report cards or transcripts less than
two years old.
o Mortgage, lease or rental agreement. (Lease and rental agreements must include
the landlord’s telephone number.)
o Pay stub or earnings statement issued with the name and address of the employer.
o Life, health, auto or home insurance policy.
o Federal, state or local government documents, such as receipts, licenses or
assessments.
o Michigan title and registration. (The registration must show current residential
address.)
NOTE: Residency documents in a family member’s name may be used if the family relationship
can be established by other forms of documented proof.

Source: SOS-428 (1/08)

Allowable Documents to Prove Residency Excludes Many People without Income

who live with others
We are pleased to see that the list of acceptable documents as of January 2008 is actually
a little broader than the list previously published. However, it still creates barriers for
long term Michigan residents who simply who do not have income. Many people cannot
provide two of these documents because they are unemployed, living with friends, or
cannot document their relationship with the relatives with whom they live. How, for
example, would most of us prove that someone we live with is an aunt or cousin? We
don’t the right to get birth certificates for all our relatives.

These documents are simple for most people who are employed or recently out of school
to provide. Consider, however, the plight of a 50 year woman who moves in with a
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cousin after leaving an abusive husband who never let her drive. Or a man who finishes
serving time in prison and moves in with a girlfriend until he can find a job. Or a 22 year
old living with a friend who has worked odd jobs but has never gone to college or had a
drivers license. All these individuals are unable to prove residency because they do not
have income to pay for rent, utilities, a mortgage, insurance or the other kinds of
expenses that are required to document residency under the Secretary of State’s list.
They do not have bank accounts; most use check cashing services if they get any money,
or use the state’s Bridge Card to make purchases at a store. The vast majority of
homeless people in Michigan are not on the streets; they are doubled up with another
person who has some income and who has the bills in their own name.

The Secretary of State’s policies put these low-income persons into a “Catch- 22”
situation. They do not have the money they need to pay for the things that prove they are
a resident. Because they don’t have the money to put housing and utilities costs into their
name, they can’t provide residency, even if they have lived in Michigan their entire life.
Because they cannot prove they are a resident, they cannot obtain a driver’s license or
State ID which they may need to get a job. They need a job in order to have money to
start paying rent and utilities or open a bank account.

Documentation Barriers to Obtaining a State ID or Drivers License

Non-profit organizations that help low-income people are running into substantial
problems in obtaining IDs or Drivers Licenses, especially for homeless people who are
living with friends or extended family members. If these individuals do not have the two
required documents, they will not be able to obtain a state ID. They can’t use other
documents, such as proof of mail received at an address, Department of Human Services
records, etc.

We recently have heard that people who previously proved their residency when they had
jobs are being forced to document their residency all over again if their drivers license
was suspended. As unemployment increases, increasing numbers of people face changed
circumstances and may no longerhave proof they currently are paying housing or utility
bills.

Although the Secretary of State has adopted an informal policy of allowing recognized
shelter to verify the residency of people who live in the shelter, only a small fraction of
Michigan’s homeless actually can find space in shelters. Most live with other people. In
addition, we are told by community organizations that not all branch offices will accept
proof provided by shelters.

Financial Barriers to Obtaining a State ID or Drivers License

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Very low-income people cannot obtain a state picture ID if they cannot afford the fee for
such identification. To someone who has NO income (41% of the 50,000 homeless
people) this is a significant barrier. A picture ID is currently required for someone to
obtain either cash assistance or medical assistance from the Michigan Department of
Human Services. Someone who is seeking cash assistance does not have the money to
obtain a picture ID in order to get cash assistance.

Problems caused by not having State ID or Drivers License

Without a state ID, many low-income persons have barriers to self-suffiiency. For
example, agencies report, people need a picture ID card to be seen by a Social Security
Office Employee. People need a picture ID to enter state and federal government
buildings to obtain basic government services. People need a picture ID to enter federal
courthouses. People need a picture ID to vote.

By using standards that are difficult for unemployed people to meet, the State is making it
even harder for these individuals to have the documents they need to find and keep jobs
and to become self-sufficient.

Recommendations:
(1) We recommend that the new state law ensure that the Secretary of State does not
exercise her discretion in manner that excludes hundreds of Michigan residents from
obtaining a drivers license or state ID merely because they do not have a job or other
income with which to put a rent or utility bill in their own name, and because they are not
living with a family member. We recommend that the Secretary of State be required to
ensure that the list of documents that can be used to prove residency does not exclude
persons based on their lack of income, living arrangements, or because they are
homeless as defined in reference to homeless children under the federal McKinney Vento
Homeless Assistance Act, 42 USC 11431 et seq.

(2) We recommend that the fees for obtaining a state ID card be waived for people who
can show they need a picture ID in order to obtain public assistance (for example, by
providing a verification checklist issued by the Michigan Department of Human
Services) or who currently receive Food Assistance. Such picture IDs are currently
required in order for indigent people to obtain cash assistance or Medicaid.
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Amendment to SB 962
Proposed language is underlined.

Sec. 307. (1) An applicant for an operator's or chauffeur's

license shall supply a PHOTOGRAPHIC IDENTITY DOCUMENT, A birth
certificate, attesting to his or her age or OTHER NONPHOTOGRAPHIC IDENTITY
DOCUMENT AND other sufficient documents or identification as the secretary of 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 of state shall ensure that the list of acceptable documents required to
prove residency do not exclude individuals who do not have income with which to
pay for housing expenses, who live with someone else that pays for the housing
expenses, or because they are “homeless” as defined by Section 725(2)(A) of the
McKinney-Vento Homeless Assistance Act, 42 USC 11431 et seq and includes all
persons living in the circumstances described in Section 725(2)(B)(i)-(iii) of that Act.

An application for an operator's or chauffeur's license shall be made in a manner

prescribed by the secretary of state and shall contain all of the following:
(a) The applicant's full LEGAL name, date of birth,
residence address, which may include a street intersection or homeless shelter in the
case of a homeless person, height, sex, eye color, signature, and ,
beginning January 1, 2007, intent to be an organ donor, other
information required or permitted on the license under this
chapter, and, to the extent required 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.
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Proposed Amendment to SB 963

Proposed Language is Underlined

Sec. 1. (1) A person who is a resident 1 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 attesting to
his or her age or OTHER NONPHOTOGRAPHIC 1 IDENTITY DOCUMENT, AND
other sufficient documents or identification as the secretary of
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 of state shall ensure that the list of acceptable documents required to
prove residency do not exclude individuals who do not have income with which to
pay for housing expenses, who live with someone else that pays for the housing
expenses, or because they are “homeless” as defined by Section 725(2)(A) of the
McKinney-Vento Homeless Assistance Act, 42 USC 11431 et seq and includes all
persons living in the circumstances described in Section 725(2)(B)(i)-(iii) of that
Act.
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, SOCIAL
SECURITY NUMBER, residence address, which in the case of a homeless person
may include a street intersection or the address of a homeless shelter height, sex, eye
color, signature, and , beginning January 1, 2007, intent to be an organ
donor, and other information required or permitted on the official
state personal identification card. The applicant may provide a
mailing address if the applicant receives mail at an address
different from his or her residence address.
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Amendment to SB 963
Proposed Language is Underlined.

(12) Except as otherwise provided in this act, an applicant

shall pay a fee of $10.00 NOT MORE THAN $20.00 to the secretary of

state for each original or renewal identification card issued.

This fee shall be waived for any individual who can verify that the Michigan

Department of Human Services has required the individual to provide picture

identification in order to receive public assistance or who verifies that that he or she

receives Food Assistance. The department of treasury shall

deposit the fees received and collected under this section in the state treasury to the

credit of the general fund.