AN ACT AUTHORIZING THE DIVISION OF MOTOR VEHICLES TO ISSUE restricted DRIVERS LICENSES TO undocumented immigrants.

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:

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(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.

The 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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(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, or (iii) a valid, unexpired consular identification document issued by a consulate from the applicant's country of citizenship.

(3)        The applicant resided in North Carolina for at least one year prior to the date of application.

(4)        The applicant complied with the requirements of G.S. 105‑153.8 in the preceding 12 months.

(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 the 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 fee for an initial restricted drivers license issued to a person qualifying under subsection (e1) of this section is fifty dollars ($50.00). The fee for a renewal of a restricted drivers license issued to a person qualifying under subsection (e1) of this section is fifty dollars ($50.00).

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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 of a unique design or color distinguishing it from Real ID compliant drivers licenses.

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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.  Restrictions on limited purpose drivers licenses issued to persons without a social security number.

A restricted drivers license issued under G.S. 20‑7(e1) is not valid for any purpose other than demonstrating licensure to drive a motor vehicle in this State and (i) does not establish identity for purposes of access to federal buildings or property, (ii) is not valid as a means of demonstrating eligibility for employment, voter registration, or public benefits, and (iii) does not legitimize the holder's presence in the United States or the State of North Carolina.

SECTION 3.  Article 2 of Chapter 20 of the General Statutes is amended by adding a new section to read:

§ 20‑10.3.  Privacy of restricted drivers license.

The information provided by an applicant to obtain a restricted drivers license under G.S. 20‑7(e1) shall not be admissible in any criminal, civil, or immigration trial, action, or proceeding. Possession of a restricted drivers license issued under G.S. 20‑7(e1), standing alone, shall not be used as a basis for a criminal investigation, arrest, or detention in circumstances in which a person who possesses some other form of identification would not be criminally investigated, arrested, or detained.

SECTION 4.  G.S. 20‑15(a) reads as rewritten:

(a)      The Division shall have authority to cancel any driver's license upon determining any of the following:

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(3)        The licensee is no longer authorized under federal law to be legally present in the United States.States and does not otherwise qualify for licensure under G.S. 20‑7(e1).

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SECTION 5.  G.S. 163‑82.19 reads as rewritten:

§ 163‑82.19.  Voter registration at drivers license offices; coordination on data interface.

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(a1)      The Division of Motor Vehicles shall not offer an applicant for a restricted license under G.S. 20‑7(e1) an opportunity to register to vote. The Division of Motor Vehicles shall provide monthly to the Board of Elections a complete list of all persons who applied for a restricted license under G.S. 20‑7(e1).

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SECTION 6.  This act becomes effective October 1, 2021.