GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2001

H                                                                                                                                                    1

HOUSE BILL 1755

Short Title:     Antiterrorism Identity Security Act of 2002.		(Public)
Sponsors:	Representatives Shubert, Walend, Justus, Barnhart;  Capps, Johnson, Davis, M. Crawford, and Blust.
Referred to:	Rules, Calendar, and Operations of the House.

June 17, 2002

A BILL TO BE ENTITLED

AN ACT TO appropriate funds to PROVIDE PROTECTION AGAINST IDENTITY THEFT AND VOTER FRAUD BY REQUIRING EITHER A VALID SOCIAL SECURITY NUMBER OR A VALID ALIEN REGISTRATION NUMBER FOR ISSUANCE OF A DRIVERS LICENSE; TO REQUIRE THE DIVISION OF MOTOR VEHICLES TO DETERMINE THE VALIDITY OF ANY SOCIAL SECURITY NUMBER OR VALID ALIEN REGISTRATION NUMBER SUBMITTED ON AN APPLICATION FOR A DRIVERS LICENSE; TO REQUIRE THAT DRIVERS LICENSES ISSUED BASED ON A VALID ALIEN REGISTRATION SHALL EXPIRE WHEN THE VALID ALIEN REGISTRATION EXPIRES; TO INVALIDATE ALL LICENSES ISSUED WITHOUT A VALID SOCIAL SECURITY NUMBER OR VALID ALIEN REGISTRATION NUMBER UNLESS THE LICENSE HOLDER PROVIDES A VALID NUMBER UPON REQUEST; TO REQUIRE  LICENSES BE MAILED TO THE ADDRESS GIVEN BY THE APPLICANT; TO PROHIBIT THE USE OF AN AFFIDAVIT TO ESTABLISH RESIDENCY EXCEPT IN THE CASE OF A MINOR APPLICANT WHOSE PARENT OR GUARDIAN HAS ESTABLISHED RESIDENCY BY MEANS OTHER THAN AN AFFIDAVIT; TO REQUIRE THE STATE BOARD OF ELECTIONS TO REVIEW ALL VOTER REGISTRATIONS MADE THROUGH THE DIVISION OF MOTOR VEHICLES IN ORDER TO VERIFY THE VALIDITY OF THE CLAIM OF RESIDENCY, AND TO MAIL ADDRESS CONFIRMATIONS OF RESIDENCY AND CITIZENSHIP TO, AT A MINIMUM, ALL VOTERS REGISTERED THROUGH THE DIVISION OF MOTOR VEHICLES WHO DID NOT FURNISH A VALID SOCIAL SECURITY NUMBER, AND TO NOTIFY THE GENERAL ASSEMBLY OF THE RESULTS OF THE REVIEW AND VERIFICATION; AND TO INCREASE THE PENALTY FOR FURNISHING NONSWORN FALSE INFORMATION IN ORDER TO OBTAIN STATE-ISSUED PICTURE IDENTIFICATION TO THE PENALTY SET FOR MAKING A FALSE BOMB THREAT.

The General Assembly of North Carolina enacts:

SECTION 1.  Subsection (b1) of G.S. 20‑7 reads as rewritten:

"(b1)    Application. – To obtain a drivers license from the Division, a person shall complete an application form provided by the Division, present at least two forms of identification approved by the Commissioner, be a resident of this State, and demonstrate his or her physical and mental ability to drive safely a motor vehicle included in the class of license for which the person has applied. At least one of the forms of identification shall indicate the applicant's residence address. The Division may copy the identification presented or hold it for a brief period of time to verify its authenticity. To obtain an endorsement, a person shall demonstrate his or her physical and mental ability to drive safely the type of motor vehicle for which the endorsement is required.

The application form shall request all of the following information, and it shall contain the disclosures concerning the request for an applicant's social security number required by section 7 of the federal Privacy Act of 1974, Pub. L. No. 93‑579:

(1)       The applicant's full name.

(2)       The applicant's mailing address and residence address.

(3)       A physical description of the applicant, including the applicant's sex, height, eye color, and hair color.

(4)       The applicant's date of birth.

(5)       The applicant's social valid security number. number or the valid alien registration number ('A' number) issued by the United States Immigration and Naturalization Service.

(6)       The applicant's signature.

If an applicant does not have a valid social security number and is ineligible to obtain one, the applicant shall swear to or affirm that fact under penalty of perjury. In such case, the applicant may provide a valid Individual Taxpayer Identification Number issued by the Internal Revenue Service to that person.

The Division shall not issue an identification card, learners permit, or drivers license to an applicant who fails to provide either the applicant's valid social security number or the applicant's valid Individual Taxpayer Identification Number.who fails to provide proof that the applicant's presence in the United States is authorized under federal law as required by subdivision (5) of this subsection. The Division shall verify the validity of the numbers furnished by the applicant. Each year the Division shall submit to the Governor and to the General Assembly a report detailing the numbers and types of driver license applications approved and denied pursuant to this section."

SECTION 2.  Subsection (b4) of G.S. 20‑7 reads as rewritten:

"(b4)    The Division rules adopted pursuant to subsection (b2) of this section shall also provide that if an a minor applicant cannot produce any documentation specified in subsection (b2) or (b3) of this section, the applicant or, in the case of a minor applicant a parent or guardian of that applicant may complete an affidavit on a form provided by the Division and sworn to before an official of the Division, indicating the minor applicant's current residence address. No parent or guardian who has obtained a drivers license by affidavit may subsequently complete an affidavit for a minor applicant. The affidavit shall contain the provisions of G.S. 20-15(a) and G.S. 20-17(a)(5)
G.S. 20-15(a), G.S. 20-17(a)(5), G.S. 20-31, and shall indicate the civil and criminal penalties for completing a false affidavit."

SECTION 3.  G.S. 20‑7(f) reads as rewritten:

(f)        Expiration and Temporary License. – The first drivers license the Division issues to a person expires on the person's fourth or subsequent birthday that occurs after the license is issued and on which the individual's age is evenly divisible by five, unless this subsection sets a different expiration date. A first drivers license may shall be issued for a shorter duration if the Division determines that a license of shorter duration should be issued when the applicant holds to expire upon the expiration date of a visa valid alien registration of limited duration issued by the United States Department of State. Immigration and Naturalization Service. The first drivers license the Division issues to a person who is at least 17 years old but is less than 18 years old expires on the person's twentieth birthday. The first drivers license the Division issues to a person who is at least 62 years old expires on the person's birthday in the fifth year after the license is issued, whether or not the person's age on that birthday is evenly divisible by five.

A drivers license that was issued by the Division and is renewed by the Division expires five years after the expiration date of the license that is renewed unless the Division determines that a license of shorter duration should shall be issued to expire on the expiration date of a valid alien registration when the applicant holds a visa valid alien registration of limited duration from the United States Department of State. Immigration and Naturalization Service. A person may apply to the Division to renew a license during the 180‑day period before the license expires. The Division may not accept an application for renewal made before the 180-day period begins. Any license issued to a noncitizen shall automatically expire when the applicant's presence is no longer authorized under federal law. The expiration date on the license shall reflect the expiration date of the applicant's authorized presence in the United States as verified by the United States Immigration and Naturalization Service.

The Division may renew by mail a drivers license issued by the Division to a person who meets any of the following descriptions:

(1)       Is serving on active duty in the armed forces of the United States and is stationed outside this State.

(2)       Is a resident of this State and has been residing outside the State for at least 30 continuous days. When renewing a license by mail, the Division may waive the examination that would otherwise be required for the renewal and may impose any conditions it finds advisable. A license renewed by mail is a temporary license that expires 60 days after the person to whom it is issued returns to this State.

The Division shall issue a temporary license valid for 10 days to the applicant and shall mail the drivers license to the applicant, by first-class mail, at the address provided by the applicant."

SECTION 4.  G.S. 163‑82.19 reads as rewritten:

"§ 163‑82.19.  Voter registration at drivers license offices.

The Division of Motor Vehicles shall, pursuant to the rules adopted by the State Board of Elections, modify its forms so that any eligible person who applies for original issuance, renewal or correction of a drivers license, or special identification card issued under G.S. 20‑37.7 may, on a part of the form, complete an application to register to vote or to update his registration if the voter has changed his address or moved from one precinct to another or from one county to another. The person taking the application shall ask if the applicant is a citizen of the United States. If the applicant states that the applicant is not a citizen of the United States, or declines to answer the question, the person taking the application shall inform the applicant that it is a felony for a person who is not a citizen of the United States to apply to register to vote. Any person who willfully and knowingly and with fraudulent intent gives false information on the application is guilty of a Class I felony. The application shall state in clear language the penalty for violation of this section. The necessary forms shall be prescribed by the State Board of Elections. The form must ask for the previous voter registration address of the voter, if any. If a previous address is listed, and it is not in the county of residence of the applicant, the appropriate county board of elections shall treat the application as an authorization to cancel the previous registration and also process it as such under the procedures of G.S. 163‑82.9. If a previous address is listed and that address is in the county where the voter applies to register, the application shall be processed as if it had been submitted under G.S. 163‑82.9.

Registration shall become effective as provided in G.S. 163‑82.7. Applications to register to vote accepted at a drivers license office under this section until the deadline established in G.S. 163‑82.6(c)(2) shall be treated as timely made for an election, and no person who completes an application at that drivers license office shall be denied the vote in that election for failure to apply earlier than that deadline.

All applications shall be forwarded by the Department of Transportation to the appropriate board of elections not later than five business days after the date of acceptance, according to rules which shall be promulgated by the State Board of Elections.

The State Board of Elections shall review all voter registrations made through the Division of Motor Vehicles after October 1, 1997, in order to verify the validity of the claim of residency and citizenship and mail confirmations of residency and citizenship to all voters registered through the Division of Motor Vehicles who did not furnish a valid social security number. The State Board of Elections shall notify the General Assembly of the results of the review and verification."

SECTION 5.  G.S. 20‑31 reads as rewritten:

"§ 20‑31.  Making false affidavits perjury. perjury or furnishing false information to obtain a drivers license or identification card.

(a)       Any person who shall make any false affidavit, or shall knowingly swear or affirm falsely, to any matter or thing required by the terms of this Article to be sworn to or affirmed shall be guilty of a Class I felony.

(b)       Any person who shall furnish nonsworn false information to obtain a drivers license or identification card issued by the Division shall be guilty of a Class I felony."

SECTION 6.  The Division of Motor Vehicles shall, by October 1, 2002, verify the social security numbers on all current drivers licenses issued by the Division.  The Division shall immediately invalidate all current drivers licenses not matching the valid social security number assigned to the driver or where the driver does not have a valid social security number.  The Division may correct those records where the mismatch is due to error rather than to fraud.  The Division may issue or reinstate a drivers license only if the driver provides a valid social security number or the number of a valid alien registration issued by the United States Immigration and Naturalization Service, and pays the applicable fee.

SECTION 7.  The State Board of Elections shall review all voter registrations processed through the Division of Motor Vehicles where there is no valid social security number on the application or where the social security number does not match the applicant based on the verification required by Section 3 of this act.  Those persons who used their drivers license as proof of residency shall be required to submit other proof of residency or shall not be permitted to vote.  This review shall be conducted prior to the elections in November 2002.

SECTION 8.  There is appropriated from the Highway Fund to the Division of Motor Vehicles the sum of twenty‑five thousand dollars ($25,000) for the 2002‑2003 fiscal year to implement the provisions of this act.

SECTION 9.  This act becomes effective July 1, 2002.