Bill Summary for S 180 (2021-2022)

Printer-friendly: Click to view

Summary date: 

Mar 3 2021

Bill Information:

View NCGA Bill Details2021
Senate Bill 180 (Public) Filed Wednesday, March 3, 2021
Intro. by Fitch, Mayfield.

View: All Summaries for BillTracking:

Bill summary

Enacts GS 20-7(e1) to require the Division of Motor Vehicles (Division) to issue a Class C drivers license to an applicant present in the United States who meets five criteria, including that the applicant (1) has limited legal status or is not lawfully present, (2) provides either a valid tax identification number, current passport, or a valid consular identification document, (3) has resided in NC for at least one year prior to the date of application, (4) complies with specified tax requirements, and (5) meets all other requirements for a drivers license, including proof of financial responsibility. Sets initial restricted licenses to expire on the birthday of the licensee in the second year after issuance, with renewed licenses expiring two years after the expiration date of the license that is renewed. Sets the initial restricted drivers license fee and renewal fee at $50. Excludes renewal of restricted licenses from remote renewal eligibility. Requires a restricted drivers license to be a unique design or color distinguishing it from Real IDs.

Enacts GS 20-10.2 to disallow using a restricted drivers license to establish identity for purposes of federal building or property access, demonstrating eligibility for employment, voter registration, or public benefits, or legitimizing the person's presence in the US or the State. 

Enacts GS 20-10.3 deeming the information provided by an applicant to obtain a restricted drivers license inadmissible in legal proceedings. Adds that possession of such a license, standing alone, is not 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. 

Amends GS 20-15 to allow the Division to cancel a driver's license upon determining the licensee is no longer authorized under federal law to be legally present in the US and the licensee does not otherwise qualify for a restricted license. 

Enacts GS 163-82.19(a1) to prohibit the Division from offering a restricted license applicant an opportunity to register to vote. Requires the Division to provide a list of applicants monthly to the Board of Elections.

Effective October 1, 2021.