A BILL TO BE ENTITLED
AN ACT to PROVIDE PROTECTION AGAINST Terrorism and identity theft, and to ensure the integrity of NC DRIVERS licenses.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 20‑7(b1) reads as rewritten:
"§ 20‑7.  Issuance and renewal of drivers licenses.
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(b1)	Application. – To obtain an identification card, learners permit, or 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, except for an identification card, 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 valid social security number.
(6)	The applicant's signature.
The Division shall not issue an identification card, learners permit, or drivers license, or a duplicate identification card, learners permit, or drivers license to an applicant who fails to provide the applicant's valid social security number."
SECTION 2.  G.S. 20‑7(b3) reads as rewritten:
"§ 20‑7.  Issuance and renewal of drivers licenses.
…
(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, the State of North Carolina, or another state, but does not include a province of Canada.				(6)	Any other verifiable document deemed reliable by the Division.
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SECTION 3.  G.S. 20‑7(b4) reads as rewritten:
"§ 20‑7.  Issuance and renewal of drivers licenses.
…
(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.
		
…"
SECTION 4.  G.S. 20‑7(b5) reads as rewritten:
"§ 20‑7.  Issuance and renewal of drivers licenses.
…
(b5)	The Division rules adopted pursuant to subsection (b3) of this section shall also provide that if an 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 legal guardian of the applicant, may complete an affidavit, on a form provided by the Division and sworn to before an official of the Division, indicating the applicant's current residence address. The affidavit shall contain the provisions of G.S. 20‑15(a) and G.S. 20‑17(a)(5) and shall indicate the civil and criminal penalties for completing a false affidavit as described in G.S. 20‑31."
SECTION 5.  G.S. 20‑7(f)(3) reads as rewritten:
"§ 20‑7.  Issuance and renewal of drivers licenses.
…
(f)	Duration and Renewal of Licenses. – Drivers licenses shall be issued and renewed pursuant to the provisions of this subsection.
	…
(3)	Duration of license. – A drivers license that was issued by the Division and is renewed by the Division expires at the end of the period provided by this subsection after the expiration date of the license that is renewed unless the Division determines that a license of shorter duration should be issued when the applicant  presents a valid passport from the country of origin and valid documentation demonstrating legal presence in the United States and that documentation is issued to the applicant under the authority of the United States government, but in no event shall the license expire later than the applicant's lawful presence in the United States. 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.
SECTION 6.  G.S. 20‑7(s) reads as rewritten:
"§ 20‑7.  Issuance and renewal of drivers licenses.
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(s)	Notwithstanding the requirements of subsection (b1) of this section that an applicant present a valid social security number, the Division shall issue a drivers license of limited duration, under subsection (f) of this section, to an applicant present in the United States  that presents a valid passport from the country of origin and valid documentation demonstrating legal presence in the United States and that documentation is issued to the applicant under the authority of the United States government. This requirement shall apply to the issuance of any duplicate license issued under this subsection."
SECTION 7.  G.S. 20‑31 reads as rewritten:
"§ 20‑31.  Making false affidavits perjury or furnishing false information to obtain a drivers license, learners permit, 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 and shall be fined not less than one thousand dollars ($1,000) and shall be sentenced to a term of imprisonment not less than 90 days. 
(b)	Any person who furnishes false information to obtain a drivers license, learners permit, or identification card issued by the Division shall be guilty of a Class A1 misdemeanor and shall pay a fine of not less than five hundred dollars ($500.00) and be sentenced to a term of imprisonment of not less than 30 days.
SECTION 8. The Division of Motor Vehicles shall, by October 1, 2007, verify the social security number of all current license holders for licenses issued by the Division. In the event a social security number and the name on the license do not match, the Division shall notify the license holder by first-class mail, at the last known address of the license holder, and advise that the license holder has 30 days to present a valid social security number matching the license holder's name to a drivers license examiner or the license will be suspended. If it is determined that a fraudulent application was made, the Division shall immediately revoke the license pursuant to G.S. 20‑15(a) and initiate criminal process pursuant to G.S. 20‑31. If the Division determines that a license holder does not have a social security number, the Division shall notify the license holder by first-class mail, at the last known address of the license holder, and advise that the license holder has 30 days to present valid documentation issued by the United States government, matching the license holder's name, to a drivers license examiner or the license will be revoked. If it is determined that a fraudulent application was made, the Division shall immediately revoke the license pursuant to G.S. 20‑15(a) and initiate criminal process pursuant to G.S. 20‑31.
SECTION 9.  Sections 1 through 6 are effective when this act becomes law. Sections 7 and 8 of this act become effective December 1, 2007, and apply to offenses committed on or after that date.