GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2003
S D
SENATE DRS75133-LK-96A (3/19)
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Short Title: Antiterrorism/End Residency Affidavits. |
(Public) |
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Sponsors: |
Senator Shubert. |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to PROVIDE PROTECTION AGAINST Terrorism, identity theft, and voter fraud.
Whereas, the United States government has declared that we are at war with terrorism, both at home and abroad; and
Whereas, making false identification documents easily available to terrorists undermines government efforts to fight terrorism; and
Whereas, the use of drivers licenses for airplane boarding makes drivers license fraud a national security issue; and
Whereas, North Carolina currently will accept as proof of residency a business letterhead (which can easily be prepared on any personal computer); and
Whereas, terrorists who fail to prepare the letterhead in advance are permitted to simply file an affidavit under penalty of perjury as proof of residency; and
Whereas, North Carolina's lax drivers license procedures are so well known that people who are not residents of North Carolina come to North Carolina just to get drivers licenses; and
Whereas, North Carolina's current drivers license procedures are more supportive of terrorists, identity theft, and voter fraud than good government; Now, therefore,
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 social
security number. number or the valid alien
registration number ('A' number) issued by the United States Department
of Homeland Security.
(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 drivers license applications approved
and denied pursuant to this section."
SECTION 2. Subsection (b3) of G.S. 20‑7 reads as rewritten:
"(b3) The Division shall adopt rules implementing the provisions of subsection (b1) of this section with respect to proof of residency in this State. Those rules shall ensure that applicants submit verified or verifiable residency and address information that can be reasonably considered to be valid and that is provided on any of the following:
(1) A document issued by an agency of the United States or by
the government of another nation.States.
(2) A document issued by another state.
(3) A document issued by the State of North Carolina, or a political subdivision of this State. This includes an agency or instrumentality of this State.
(4) A preprinted bank or other corporate statement.
(5) A preprinted business
letterhead.
(6) Any other document deemed
reliable by the Division."
SECTION 3. Subsection (b4) of G.S. 20‑7 reads as rewritten:
"(b4) Examples of documents that are reasonably reliable indicators of residency include, but are not limited to, any of the following:
(1) A pay stub with the payee's address.
(2) A utility bill showing the address of the applicant‑payor.
(3) A contract for an apartment, house, modular unit, or manufactured home with a North Carolina address signed by the applicant.
(4) A receipt for personal property taxes paid.
(5) A receipt for real property taxes paid to a North Carolina locality.
(6) A current automobile insurance policy issued to the applicant and showing the applicant's address.
(7) A monthly or quarterly financial statement from a North Carolina regulated financial institution.
(8) A matricula consular or
substantially similar document issued by the Mexican Consulate for North
Carolina.
(9) A document similar to that
described in subsection (8) of this section, issued by the consulate or embassy
of another country. This subdivision only applies if the Division has consulted
with the United State Department of State and is satisfied with the reliability
of such document."
SECTION 4. Subsection (b5) of G.S. 20‑7 reads as rewritten:
"(b5) The Division rules adopted pursuant to
subsection (b3) of this section shall also provide that if an a minor applicant
cannot produce any documentation specified in subsection (b3) or (b4) 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)
SECTION 5. 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. United States Department of Homeland Security. 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 Department of Homeland
Security.
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 6. 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 7. 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 8. The Division of Motor Vehicles shall, by October 1, 2003, 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 9. 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 2004.
SECTION 10. This act becomes effective July 1, 2003.