A BILL TO BE ENTITLED
AN ACT TO INCREASE THE SAFETY OF STATE ROADS AND COMMUNITIES THROUGHOUT THE STATE BY AUTHORIZING THE DIVISION OF MOTOR VEHICLES TO ISSUE restricted DRIVERS LICENSES TO immigrants with limited or no status.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 20‑7 reads as rewritten:
"§ 20‑7.  Issuance and renewal of drivers licenses.
(a)	License Required. – To drive a motor vehicle on a highway, a person must be licensed by the Division under this Article or Article 2C of this Chapter to drive the vehicle and must carry the license while driving the vehicle. The Division issues regular drivers licenses under this Article and issues commercial drivers licenses under Article 2C.
A license authorizes the holder of the license to drive any vehicle included in the class of the license and any vehicle included in a lesser class of license, except a vehicle for which an endorsement is required. To drive a vehicle for which an endorsement is required, a person must obtain both a license and an endorsement for the vehicle. A regular drivers license is considered a lesser class of license than its commercial counterpart.
The classes of regular drivers licenses and the motor vehicles that can be driven with each class of license are:
(1)	Class A. – A Class A license authorizes the holder to drive any of the following:
a.	A Class A motor vehicle that is exempt under G.S. 20‑37.16 from the commercial drivers license requirements.
b.	A Class A motor vehicle that has a combined GVWR of less than 26,001 pounds and includes as part of the combination a towed unit that has a GVWR of at least 10,001 pounds.
(2)	Class B. – A Class B license authorizes the holder to drive any Class B motor vehicle that is exempt under G.S. 20‑37.16 from the commercial drivers license requirements.
(3)	Class C. – A Class C license authorizes the holder to drive any of the following:
a.	A Class C motor vehicle that is not a commercial motor vehicle.
b.	When operated by a volunteer member of a fire department, a rescue squad, or an emergency medical service (EMS) in the performance of duty, a Class A or Class B fire‑fighting, rescue, or EMS motor vehicle or a combination of these vehicles. This sub‑subdivision does not apply to a person with a restricted drivers license authorized under subsection (e1) of this section.
c.	A combination of noncommercial motor vehicles that have a GVWR of more than 10,000 pounds but less than 26,001 pounds. This sub‑subdivision does not apply to a Class C license holder less than 18 years of age.
The Commissioner may assign a unique motor vehicle to a class that is different from the class in which it would otherwise belong.
A person holding a commercial drivers license issued by another jurisdiction must apply for a transfer and obtain a North Carolina issued commercial drivers license within 30 days of becoming a resident. Any other new resident of North Carolina who has a drivers license issued by another jurisdiction must obtain a license from the Division within 60 days after becoming a resident.
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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.
Except as otherwise provided in subsection (e1) of this section, the Division shall not issue an identification card, learners permit, or drivers license to an applicant who fails to provide the applicant's valid social security number.
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(c2)	Driver orientation course for restricted drivers license. – The Division shall establish and conduct, or utilize a nonprofit or community‑based agency to establish and conduct, driver orientation courses for persons seeking to qualify for a restricted drivers license under subsection (e1) of this section. If the Division utilizes a nonprofit or community‑based agency, the Division shall maintain oversight of the driver orientation course established and conducted by the nonprofit or community‑based agency. Each driver attending a driver orientation course shall pay a fee in an amount set by the Division not to exceed one hundred dollars ($100.00). Each driver attending a driver orientation course shall do so in person, and the course may not be completed remotely. The driver orientation course shall be at least eight hours in total duration and shall maintain a student‑to‑instructor ratio deemed appropriate by the Division. The driver orientation course shall provide students with (i) an overview of the motor vehicle laws of this State, (ii) instruction on how to properly interact with law enforcement during a traffic stop, (iii) an introduction to State and federal laws other than motor vehicle laws, and (iv) instruction on when and how to report a crime to law enforcement.
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(e1)	Restricted License. – Notwithstanding the requirements of subsection (b1) of this section that an applicant present a valid Social Security number, the Division shall issue a Class C drivers license under subsection (f) of this section to an applicant present in the United States who meets all of the following requirements:
(1)	The applicant has limited legal status or is not lawfully present in the United States.
(2)	The applicant provides (i) a valid Individual Taxpayer Identification Number, (ii) a current passport issued by the United States or a foreign government, (iii) a valid, unexpired consular identification document issued by a consulate from the applicant's country of citizenship, or (iv) a community identification card issued by FaithAction International House or a member of the FaithAction ID network.
(3)	The applicant completes the driver orientation course established under subsection (c2) of this section.
(4)	The applicant provides proof satisfactory to the Division of the applicant's residency in North Carolina for at least two years prior to the date of application.
(5)	The applicant meets all other requirements for a drivers license, including proof of financial responsibility.
(f)	Duration and Renewal of Licenses. – Drivers licenses shall be issued and renewed pursuant to the provisions of this subsection:
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(3)	Duration of license for certain other drivers. – The durations listed in subdivisions (1), (2) and (2a) of this subsection are valid unless either of the following conditions is satisfied:
a.	The Division determines that a license of shorter duration should be issued when the applicant holds valid documentation issued by, or under the authority of, the United States government that demonstrates the applicant's legal presence of limited duration in the United States. In no event shall a license of limited duration expire later than the expiration of the authorization for the applicant's legal presence in the United States.
b.	The Division issues a restricted drivers license to a person qualifying under subsection (e1) of this section. An initial restricted drivers license issued to a person qualifying under subsection (e1) of this section expires on the birthday of the licensee in the second year after issuance. A renewed restricted drivers license issued to a person qualifying under subsection (e1) of this section expires two years after the expiration date of the license that is renewed.
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(6)	Remote renewal. – Subject to the following requirements and limitations, the Division may offer remote renewal of a drivers license issued by the Division:
a.	Requirements. – To be eligible for remote renewal under this subdivision, a person must meet all of the following requirements:
1.	The license holder possesses a valid, unexpired Class C drivers license that was issued when the person was at least 18 years old.
2.	The license holder's current license includes no restrictions other than a restriction for corrective lenses.
3.	The license holder attests, in a manner designated by the Division, that (i) the license holder is a resident of the State and currently resides at the address on the license to be renewed, (ii) the license holder's name as it appears on the license to be renewed has not changed, and (iii) all other information required by the Division for an in‑person renewal under this Article has been provided completely and truthfully.
4.	The most recent renewal was an in‑person renewal and not a remote renewal under this subdivision.
5.	The license holder is otherwise eligible for renewal under this subsection.
6.	The license holder does not have a restricted drivers license under subsection (e1) of this section.
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(i)	Fees. – The fee for a regular drivers license is the amount set in the following table multiplied by the number of years in the period for which the license is issued:
Class of Regular License	Fee for Each Year
Class A	$5.00
Class B	$5.00
Class C	$5.00
The fee for a motorcycle endorsement is two dollars and thirty cents ($2.30) for each year of the period for which the endorsement is issued. The appropriate fee shall be paid before a person receives a regular drivers license or an endorsement. The Division shall set the fee for an initial restricted drivers license issued to a person qualifying under subsection (e1) of this section, and the fee may not be lower than the actual cost of processing the relevant application and issuing the license. The fee for a renewal of a restricted drivers license issued to a person qualifying under subsection (e1) of this section is thirty dollars ($30.00).
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(n1)	Additional Format Requirements for Restricted Drivers License. – In addition to the requirements set forth in subsection (n) of this section, a restricted drivers license issued to a person qualifying under subsection (e1) of this section shall be formatted as follows:
(1)	Be printed in a vertical format that distinguishes it from the horizontal format.
(2)	Be of a unique design or color distinguishing it from the Real ID compliant drivers licenses.
(3)	Have on its face "Not acceptable for official federal purposes," and on its reverse bear the phrase "This license is issued only as a license to drive a motor vehicle. It does not establish eligibility for employment, voter registration, or public benefits."
(4)	If the United States Department of Homeland Security determines that the design of the limited purpose drivers license does not satisfy federal law, the Division shall modify the limited purpose drivers license design to the extent necessary to comply with federal law.
Provided the restricted drivers license complies with subdivisions (1) through (4) of this subsection, the Division is authorized to design the restricted drivers license based on consultation with interested nonprofits and community‑based agencies.
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SECTION 2.  Article 2 of Chapter 20 of the General Statutes is amended by adding a new section to read:
"§ 20‑10.2.  Privacy of restricted drivers license.
The information provided by an applicant to obtain a restricted drivers license shall not be admissible in any criminal, civil, or immigration trial, action, or proceeding."
SECTION 3.  This act becomes effective October 1, 2019.