HomeMy WebLinkAboutBill 19-15 Establishment of a municipal id card programBill No.
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, CALLING FOR THE ESTABLISHMENT OF A
SOUTH BEND MUNICIPAL ID CARD PROGRAM
STATEMENT OF PURPOSE AND INTENT
The South Bend Common Council notes that since 2005, there have been. communities
studying municipal identification card programs. One of the first studies was conducted by the
Unidad Latina enAccion (ULA) in New Haven, Connecticut.
New Haven, Connecticut was the first city to implement a municipal identification program
in 2007, and their program uses what is referred to as an "Elm City Resident Card ". Two (2)
proofs of New Haven residency are required to be eligible, with the card expiring when an
individual no long has residency within the city limits. The fees for such a card were $5.00 for
children and $10.00 for adults. The overall purpose of the card was to provide proof of
identification and residency for the approximate 10,000 to 15,000 undocumented persons living in
New Haven. Their card can also be used as a debit card with a limit of $150; a method of payment
for parking meter fees; and works as a library card. Private funds from the First City Fund
Corporation in the amount of $250,359 were used to fund the implementation of their program.
San Francisco, California became the next city to develop a city ID program, with their
Board of Supervisors voting in November of 2007 to move forward with the program. In October
of 2008 a court in San Francisco ruled that the "...city's plan to issue municipal identification
cards to residents regardless of immigration status does not violate state and federal law ".
Ordinance No. 279 -08 was passed on November 18, 2008 which amended the original ordinance;
with educational and training materials then being prepared along with hardware and software
programs. On January 15, 2009 the City of San Francisco officially began issuing "SF City ID
Cards ".
The following communities and the year each community's ID program became
operational is briefly set forth below:
2010
Trenton, New Jersey
2011
Richmond, California
2012
Los Angeles, California
2013 Oakland, California
2015 New York, New York
Some of the other communities looking into whether a program would be in the best
interests of their cities include New Orleans, Louisiana and Charlotte, North Carolina.
Each program is unique to the municipality which created it by proper ordinance. Some of
the studies have indicated that a municipal- issued identification card may assist law enforcement
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officials and undocumented individuals to better interact. Some are linked to various forms of
economic programs such as Richmond, California's having the option of having a $200 pre -paid
debit limit; Los Angeles, California's also having a prepaid debit option; with Oakland, California
being the first community to have this function.
New York City's municipal identification program was officially launched on January 12,
2015, and is referred to as the "IDNYC Card ". It provides free membership to "The Public Theater,
Flushing Town Hall, Museum of the City of New York, Staten Island Children's Museum,
Brooklyn Botanic Garden, and the Bronx Zoo ". An "IDNYC Benefits Guide" is available in
English, Spanish, Chinese and Russian. An "IDNYC Brochure" is available in English, Spanish,
Chinese, Russian, Haitian, Creole, Korean and Bengali ". Their program was estimated to cost
$8.4 million the first year, and $5.6 million in succeeding years.
There are eleven (11) states which have passed laws permitting an undocumented resident
to apply for driver's licenses as of 2014, namely: Washington, Oregon, California, Nevada, Utah,
Colorado, New Mexico, Vermont, Connecticut, Maryland, and Illinois.
The following ordinance is believed to provide an opportunity for individuals who may not
be eligible to apply to the Indiana Bureau of Motor Vehicles (BMV) who has the authority to issue
an IndianaID /SecureID to residents, or who do not wish to apply for a license to drive; and also
for those individuals who may not be eligible or do not wish to apply for the Indiana non - SecureID.
The ordinance provides an opportunity for the potential development of a municipal ID
card which may incorporate the latest technologies, so that such cards cannot be duplicated or have
the card's information electronically stolen. Such cards may enable individuals to establish their
identity when needed for city emergency medical responders; may assist individuals if they
become a victim of a crime or a victim of a natural or man -made disaster. The ordinance is
believed to help further public health, safety and welfare measures by providing a secure
mechanism of proof of identity and residency in the City of South Bend, Indiana.
Section I. There is hereby established a South Bend Municipal ID Card Program, which shall be
subject to the terms and conditions set forth in this ordinance.
South Bend Municipal ID Card Program
1. Definitions. For purposes of this ordinance, the following definitions shall apply:
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a. City shall mean the City of South Bend, Indiana.
b. Municipal ID Card shall mean a secure identification card issued by the City which
shall display, including but not limited to, the cardholder's name, photograph, address, date of
birth and an expiration date.
c. Program Administrator shall mean the City Controller, or his duly designated designee,
who shall be responsible for coordinating with a third party administrator selected to implement
and administer the South Bend Municipal ID Card Program.
d. Proof ofldentity shall mean the criteria set forth in sub - section 4.a (i) of this ordinance
which is required of a person who applies for a South Bend Municipal ID Card.
e. Proof of Residency shall mean the criteria set forth in 4.a (ii) of this ordinance which
is required of a person who applies for a South Bend Municipal ID Card.
f. Resident shall mean a person who can demonstrate that he or she has been present in
the City for at least fifteen (15) continuous days and who presents proof of residency as specified
in sub - section 4.a (ii) of this ordinance.
g. Third Party Administrator shall mean the vendor selected through a public request for
proposals to implement and administer a secure South Bend Municipal ID Card program at no net
cost to the City, its departments, bureaus, or its taxpayers.
2. Purposes of a South Bend Municipal ID Card Program.
a. It is the City's intent that the South Bend Municipal ID Card Program provide a city
resident with a means of proving his or her residency in the City of South Bend, Indiana.
b. The South Bend Municipal ID Card Program further aims to help substantiate a
resident's identify when proof of identity is needed for City programs and services, as well as
when interacting with public safety personnel providing such services in the City. The City is
attempting to promote the general public safety and welfare of the community. The City does not
assume or impose any obligation upon its officers, employees or agents of any liability in monetary
damages or other legal recourse to any person who may claim a breach proximately caused injury.
3. Terms and Conditions Before Program Implementation and Issuance of South Bend
Municipal ID Cards.
a. The Department of Administration and Finance of the City shall coordinate the filing
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of all relevant data, projected costs, and other pertinent information addressing the future
implementation of the purposes of the program summarized in ¶ 2 of this ordinance, including any
supplemental features which are consistent with the purposes of this ordinance. Such filing shall
be made in the Office of the City Clerk, which shall trigger future joint meeting(s) of the Council's
Personnel and Finance Committee and the Community Relations Committee. In order for a South
Bend Municipal ID Card Program to become effective following such joint meeting(s), a Council
Resolution, which certifies that the implementation and administration of the South Bend
Municipal ID Card Program would be operated at minimal or no net cost to the City, its
departments, bureaus, or agencies, and which establishes any and all fees, will be required to be
adopted by the Common Council.
b. The South Bend Municipal ID Card shall bear the seal of the City and shall be
produced in a form which is encrypted with a magnetic strip, barcode or similar security feature to
prevent card duplication or counterfeit reproduction, and is secured from electronic pickpocketing
(EP) with a radio - frequency identification (RFID) blocking card or sleeve.
4. Application Process.
a. To obtain a South Bend Municipal ID Card, a resident shall complete an application,
under pains and penalties of perjury, which requires proof of identity and proof of residency
within the city. Said applications shall have instructions available in English, and other language(s)
upon request. Upon receipt of both proof of identity and residency as required by the sub - sections
included below, and the applicable fee, the Program Administrator shall issue shall issue a South
Bend Municipal ID Card meeting the conditions set forth in sub - section 3.b of this ordinance.
(i) Proof ofldentity: In order to establish identity, each applicant must present
either:
(1) One (1) of the following documents containing both the applicant's
photograph and date of birth: a U.S. or foreign passport; a driver's license
issued by a state or territory of the United States; a state identification card
issued by any state or territory of the United States; a U.S. Permanent
Resident Card (commonly referred to as a `Green Card'); a consular
identification (CID) card or matriculal; or a photo identification card issued
by another country to its citizens or nationals that meets the following
requirements
1 For over 100 years, the Mexican government have authorized the Consulate of Mexico to issue a matricula or
Consular ID card to Mexican citizens who live outside of Mexico. The matricula certifies that the individual is a
Mexican citizen, includes a birthplace and individual's address outside of Mexico. Said cards are valid for five (5)
years and cost approximately thirty dollars. Information on the Consular ID Card which has been posted by the
Consulate of Mexico was filed with this ordinance and is available from the Office of the City Clerk.
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aa. The issuing country authorizes the use of the card as an alternative to a
passport for re -entry into the issuing country; and
bb. The card has a photograph of the person and the person's date of birth;
and
cc. The card meets standards established by the Program Administrator to
ensure that the applicant was required to provide reliable identifying
information in order to obtain the card and the card has features reasonably
designed to protect against fraud and counterfeit reproduction.
In determining whether the identification meets these requirements, the
Program Administrator may use standards adopted by the National Notary
Association.
Notwithstanding the above, if the applicant is thirteen (13) years of age or
younger, he or she may present a certified copy of a U.S. or foreign birth
certificate to established identify under this subsection; or
(2) Two (2) of the following documents, provided that at least one (1) form of
identification shall display the applicant's photograph and date of birth; a
national identification card with photo, name, address, date of birth, and
expiration date; a foreign driver's license; a U.S. or foreign military
identification card; a current visa issued by a government agency; a U.S.
Individual Taxpayer Identification Number (ITIN) authorization letter; an
identification card issued by an Indiana educational institution, including
elementary, middle, high school, secondary, and post -high school or post -
secondary schools; a certified copy of a U.S. or foreign birth certificate; a
court order issued by a state or federal court to verify a person's identity;
or a Social Security card.
Notwithstanding the above, where the applicant is age thirteen (13) years
of age or younger, he or she may present an official medical record and /or
official school record to establish identity under this subsection, provided
that at least one (1) of the two (2) forms of identification presented shall
display the applicant's date of birth.
(ii) Proof of Residency: In order to establish residency, each applicant must
present one (1) of the following items, provided that the item includes both
the applicant's name and a residential addressed located within the City:
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(1) A utility bill dated within the last thirty (30) days; a written verification
confirming at least fifteen (15) days residency within the last thirty (3 0)
days issued by a homeless shelter that: is operated in the City; written
verification issued by a hospital, medical clinic or social service agency who
provided services to the applicant; a local property tax statement or
mortgage payment receipt dated within the last thirty (30) days; proof of a
minor currently enrolled in a school located in the city; an employment pay
stub or similar employment wage verification dated within the last thirty
(3 0) days; a jury summons or court order issued by a state or federal court
dated within the last thirty (30) days; or an insurance bill (homeowner's,
renter's health, life or automobile insurance) dated within the last thirty (30)
days. If a certified copy of a marriage certificate is presented at the time of
application, an applicant may prove residency using documents bearing the
name of his or her spouse.
(2) The Program Administrator may by regulation provide that if an applicant
is thirteen (13) years of age or younger, cannot produce any of the items set
forth in subsection 4.a.(ii) (1) to prove residency, a parent or legal guardian
may verify the applicant's residency provided that the parent or guardian
would be eligible for a South Bend Municipal ID Card.
(iii) The Program Administrator may by regulation provide for acceptance of
additional form of proof of identity and /or proof of residency, provided that
the Program Administrator determines that such form of proof are: issued
by a governmental entity or is a type of proof of identity or proof of
residency which is accept in the ordinary course of business in the U.S.
(iv) An application submitted on behalf of a minor must be completed by the
minor's parent or legal guardian.
(v) The city shall keep confidential, in accordance with applicable laws, the
name and other identifying information of persons applying for and
receiving a South Bend Municipal ID Cards. The city shall cause the
applications to be produced in a form which allows the applicant to state
their privacy preferences. The city shall not retain records of applicants'
residential addresses.
b. Upon request, the Program Administrator shall issue a South Bend Municipal ID Card
to any resident who meets the foregoing application requirements and pays the applicable fee.
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5. Implementation Process and Program Information to be Posted on City's Website.
The Program Administrator is authorized to adopt additional rules and regulations which
are consistent with this ordinance, in order to implement and administer the issuance of South
Bend Municipal ID Cards. Any additional rules and regulations deemed necessary by the Program
Administrator shall be filed in the Office of the City Clerk, who shall maintain them with this
ordinance and send them electronically to members of the Common Council and maintain a copy
of all such rules and regulations with this ordinance. Such regulations may include but not be
limited to a procedure for payment of fees in monthly installments without interest by an indigent
person, who is defined as a person without the means to pay the fee, which would be a similar
monthly process as the provisions set forth in Section 1 -24 of the South Bend Municipal Code;2 as
well as establishing a process for an indigent person's waiver of a fee in its entirety, as determined
by the Program Administrator, on a case by case basis.
Within ten (10) business days of a Council Resolution being adopted, as addressed in ¶ 3 of this
ordinance, the City shall develop a link to information on the City's website which is devoted to
the South Bend Municipal ID Card Program. Key program information shall be highlighted and
it shall permit a copy of this ordinance to be accessed as well as the Council Resolution required
in order for the implementation of the South Bend Municipal ID Card Program to take place. If
any additional rules and regulations become necessary, those shall also be made available from the
city's website.
6. Fees.
Fees shall be charged for each South Bend Municipal ID Card issued. The Common
Council shall set the maximum fee amounts by Resolution, upon compliance by the Department
of Administration and Finance and the Council and their committees as further addressed in ¶ 3 a.
of this ordinance.
7. Proof of Residency for City Services and Programs; Pre - Emption.
a. Any city service or city program which requires proof of identity or proof of residency
shall accept a South Bend Municipal ID Card issued by the city, unless it can be shown that the
card has been alerted or improperly issued; is an unauthorized duplicate; or a counterfeit
reproduction.
b. This section is not intended to replace any other existing requirements for issuance of other
z South Bend Municipal Code Section 1 -24 authorizes payment of $5.00 per month by any indigent person of a fine
ordered to be paid by a court.
South Bend Municipal ID Card Program Ordinance
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forms of identification in connection with the administration of a city service or program; nor is
this section intended to replace any state or federal regulations or laws addressing proof of identity
or proof of residency.
c. In no circumstance shall the existence of the South Bend Municipal ID Card Program cause
the city to lose funds from any funding source which require the usage of other state or federal
proof of identity or proof of residency, with such requirements pre - empting local regulations.
8. South Bend Municipal ID Card Holder's Responsibilities.
a. A person who has been issued a South Bend Municipal ID Card by the city must notify
the Program Administrator within ten (10) business days of any change in address which is
different than the one provided on the original application for such a card. Upon receiving
notification of a change in address and its verification, the Program Administrator shall issue a
notice of new address to be carried with the South Bend Municipal ID Card or be issued a new
card pursuant to the rules and regulations duly adopted by the Program Administrator.
b. If a person who has been issued a South Bend Municipal ID Card no longer resides in the
city, or expects to reside outside of the city for a period of greater than ninety (90) consecutive
calendar days, the card holder must relinquish the card by mailing or personally delivering the card
to the Program Administrator with an acknowledgement of his or her intent to reside elsewhere.
Said action by the Card Holder must take place within ten (10) business days of any proposed
change in residency, as further addressed in this paragraph.
9. Altered, Unauthorized Duplication; Counterfeit Reproduced Cards and Misuse of Card.
a. It is a violation of this ordinance, for any person to:
(1) Knowingly present false information to the City in the course of applying for a
South Bend Municipal ID Card;
(2) Alter, copy, replicate, produce a counterfeit copy of a city issued South Bend
Municipal ID Card; or
(3) To use a South Bend Municipal ID Card issued to another person, with the
intent to cause a third person or entity to believe the holder of the card is the
person to whom the card was issued.
b. Anyone who is found in violation of section 8 of this ordinance, shall lose the ability
to possess a South Bend Municipal ID Card; and shall be subject to the penalty provisions set forth
in Section 1 -23 of the South Bend Municipal Code.
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10. Semi - Annual Updates By the Administration to the Council.
The Program Administrator shall provide an update to the Common Council on any
South Bend Municipal ID Card Program which is authorized to be implemented, pursuant to the
terms and conditions set forth in ¶ 3 of this ordinance, at the 2nd regular Common Council meeting
held each January and July.
Section II. If any part, subsection, section, paragraph, sub - paragraph, sentence, clause,
phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise
invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance.
Section III. This ordinance shall be passed by the Common Council and be in full force
and effect, upon a future Resolution being formally adopted by the Common Council establishing
an exact effective date of a South Bend Municipal ID Card Program. Such Resolution shall be
prepared and filed by the City Administration which verifies that the implementation and
administration of the South Bend Municipal ID Card Program will be operated at minimal or no
net cost to the City, its departments, bureaus, or taxpayers, and sets forth any and all card holder
fees; all of which shall be subject to the approval by the Common Council, approval by the Mayor.
Henry Davis, Jr., d is Council Member
South. Bend Common Council
Oliver J. Davis, 6d' District Council Member
South Bend Common Council
Karen L. White, Council Member at Large
South Bend Common Council
Gavin Ferlic, Council Member at Large
South Bend Common Council
South Bend Municipal ID Card Program Ordinance
Page 10
Derek D. Dieter, Council Member at Large
South Bend Common Council
Valerie Schey, 3T° District Council Member
South Bend Common Council
Office of the City Clerk
me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the
day of , 2015, at o'clock . m.
me on the
o'clock .m.
i st READING � —(-3 -� r
PUBLIC HEARING
3 rd READING
NOT APPROY11D
5 EFERRM
PASSIM
Janice Talboom, Deputy Clerk
day of , 2015, at
Pete Buttigieg, Mayor
City of South Bend, Indiana
Filed in Office
CITY CLERK, SOUTH SEND, IN