“<em>Baltimore City ID Card”; “Municipal identity card”</em>.
“Baltimore City ID Card” or “municipal identity card” means an identification card issued by the City of Baltimore under this subtitle.
“MOIT” means the Mayor’s Office of Information Technology, or any successor entity in the Mayor’s Office, or another City agency, responsible for the City’s information technology needs.
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In adopting this subtitle, the Mayor and City Council make the findings contained in this subsection.
Many residents of Baltimore City are unable to obtain a government-issued identification essential to full participation in Baltimore’s diverse society. This barrier leaves thousands of individuals – including immigrants, homeless people, transgender people, senior citizens, young people, and formerly incarcerated people – without access to critical services, benefits, and cultural, educational, and civic opportunities.
Baltimore City offers an array of cultural, educational, and civic opportunities meant to be accessible to all members of our community.
Transgender and gender non-conforming individuals may have particular challenges in obtaining identification cards that reflect their gender identity, due to stigma and burdensome administrative policies for changing gender on other identification documents. This increases the likelihood they will experience discrimination in seeking employment or housing or otherwise participating in cultural or civic life.
It is the intent of the Mayor and City Council in adopting this subtitle to:build Baltimore’s standing as a welcoming and inclusive center for all residents, without regard to a person’s race, national origin, religion, sex, sexual orientation, gender identity, disability, or immigration, housing, or financial status;
provide a municipal identification card that will affirm the gender identity and resident status of all Baltimore City residents by allowing applicants to obtain identification that reflects their gender identity, regardless of assigned birth sex or gender designation on previously-issued identity documents;
expand access and incorporate more members of Baltimore’s diverse community into the rich fabric of civic life; and
preserve the safety and privacy of all Baltimore City residents by ensuring that personal data gathered during the municipal identification application process is destroyed or maintained confidentially.
By authorizing the creation of a municipal identification card program, the Mayor and City Council do not intend to expand identification requirements for access to basic services or exercise of constitutional rights.
The program created by this subtitle is not to be used to require individuals to produce government-issued identification to access services and benefits where government-issued identification was not previously required, such as when registering to vote, casting a ballot, or accessing certain government buildings.
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MOIT shall administer the municipal identity card program with the assistance and cooperation of all other City agencies as needed.
Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, MOIT may adopt rules and regulations to carry out this subtitle.
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Text Conformed 02/09/21
By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of subsection (b) to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.
MOIT must make a Baltimore City ID Card available to any resident of Baltimore City who can meet the requirements of <cite data-path="|1|§38-8">§ 38-8 {“Eligibility for identity card”} of this subtitle</cite> for establishing his or her identity and residency, regardless of his or her race, color, creed, age, national origin, alienage or citizenship status, gender, sexual orientation, disability, marital status, partnership status, source of lawful income, housing status, status as a victim of domestic violence, status as a victim of sex offenses or stalking, or conviction or arrest record.
The application fee for a Baltimore City ID Card is as set by the Board of Estimates.
MOIT must adopt rules permitting residents who cannot afford to pay an application fee to receive a full or partial waiver of the fee.
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A Baltimore City ID Card issued under this subtitle must, at a minimum, display the cardholder’s photograph, name, date of birth, a municipal identity card number unique to each card, and an expiration date.
A Baltimore City ID Card issued under this subtitle may not display the cardholder’s gender.
Each Baltimore City ID Card issued under this subtitle must be designed and produced with fraud and counterfeit deterring features.
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Applications for Baltimore City ID Cards must be made available for pick-up and submission at every City agency or office where there is substantial contact with the public.
MOIT must make applications available for Baltimore City ID Cards on-line.
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MOIT shall, consistent with all federal, state, and local laws, provide language assistance to address the needs of limited English proficient individuals in the administration of the municipal identity card program by implementing measures such as:
staff training,
community outreach, and
the use of language assistance tools.
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Proof of identity.
To establish identity, an applicant must produce 1 or more of the following documents, each of which must be current or have expired not more than 5 years prior to the date it is presented:a U.S. or foreign passport;
a U.S. state driver’s license;
a U.S. state identification card;
a U.S. permanent resident card;
a consular identification card;
a photo identification card, with name, address, date of birth, and expiration date, issued by another country to its citizens or nationals as an alternative to a passport for re-entry to the issuing country;
a certified copy of a U.S. or foreign birth certificate;
a Social Security card;
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 electronic benefit transfer (EBT) card; or
an identity document recognized by local homeless shelters allowing individuals experiencing homelessness to access shelters or other services.
To establish City residency, an applicant must produce one or more of the following items, each of which must show the applicant’s name and residential address located within the City and must, except as otherwise provided in this subsection, be dated no more than 60 days prior to the date it is presented:a utility bill;
a current residential property lease;
a local property tax statement dated within 1year of the date it is presented;
a local real property mortgage payment receipt;
a bank account statement;
proof that the applicant has a minor child currently enrolled in a school located within the City;
an employment pay stub;
a jury summons or court order issued by a federal or state court;
a federal or state income tax or refund statement dated within one year of the date it is submitted;
an insurance bill (homeowner’s, renter’s, health, life, or automobile insurance);
written verification issued by a homeless shelter that receives City funding confirming at least 15 days residency; or
written verification issued by a hospital, health clinic, or social services agency located within Baltimore City confirming at least 15 days residency.
An individual experiencing homelessness may establish City residency by producing any document recognized by local homeless shelters allowing the individual to access shelters or other services.
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Baltimore City may not retain originals or copies of documents provided by an applicant to prove his or her identity or residency under <cite data-path="|1|§38-8">§ 38-8 {“Eligibility for identity card”} of this subtitle</cite>.
The City may not retain or create lists of the names or addresses of municipal ID card applicants or holders.
Any data or information about municipal ID card applicants or holders retained by the City must be de-identified and incapable of being linked to a specific individual by name.
MOIT must develop a program to detect and prevent fraudulent use of municipal identity cards and may retain descriptive or demographic data tied to a particular ID card by card number as part of this fraud prevention program.
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All municipal agencies and offices and all municipal employees, including law enforcement officers, must accept a valid Baltimore City ID Card as proof of identity and residency.
The City shall seek to expand the benefits associated with the municipal identity card by promoting the acceptance of the municipal identity card by banks and other public and private institutions.
The City shall seek to encouraging all eligible persons to apply for the card and may offer new benefits or privileges exclusively to those who possess a municipal identity card as an incentive to apply for a municipal identity card.
Except as otherwise provided in this subsection, Baltimore City agencies and officers may not require the possession of a municipal identity card where, as of July 1, 2017, identification was not already required to obtain city services.
Agencies may require the possession of a municipal identity card to obtain benefits or privileges established after July 1, 2017 and offered exclusively to those who possess a municipal identity card as an incentive to apply for a municipal identity card.
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No person or entity may:knowingly present false information in the course of applying for a Baltimore City ID Card;
alter, copy, or replicate a Baltimore City ID Card without the authority of the City of Baltimore; or
use the Baltimore City 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.
Any person who violates any provision of this section is subject to a civil penalty of $100 that may be enforced by issuance of a civil citation under Subtitle 41 {“Civil Citations”} of <cite data-path="|1">this article</cite>.
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