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Appendix A. Legal Presence and Application Documentation Legislation by State

State

Citation

Summary

Status

Arizona

HB 2255

Removes provisions requiring proof of legal presence in United States under federal law and allows other documents in lieu of Social Security numbers. Adds a provision that possession of a driver's license is not proof of U.S. citizenship.

Jan. 21, 2002: read second time in House. Died at end of regular session.

 

SB 1459

Similar to HB 2255.

March 14, 2002: Held in committee. Died at end of regular session.

California

AB 60

Allows use of individual taxpayer identification number in lieu of Social Security number when Social Security number is not available. Requires showing of lawful presence in the United States, or that application for lawful immigration status has been initiated. Limits the duration of licenses or identification cards issued under these circumstances to three years.

Passed both Houses, then withdrawn from enrollment by author: Jan. 14, 2002. August 8, 2002: enrolled and to governor.

Colorado

SB 112

Requires additional documentation to prove lawful presence to receive a driver's license while using an out-of-state license for proof of age from a state that does not require licensee to be present in the United States lawfully,.

April 2, 2002: Signed by governor.

 

SB 67

Authorizes the Division of Motor Vehicles to issue a driver's license, temporary license, or identification card to a person with an individual taxpayer identification number issued by the Internal Revenue Service. Eliminates the prohibition against issuing a driver's license, temporary license, or identification card to a person who is not legally in the country.

Introduced: Jan. 11, 2002. Died in Senate Committee on Government, Veterans and Military Relations, and Transportation: Feb. 14, 2002.

Delaware

SB 287

Requires Social Security number and proof of legal residence in the United States to receive a driver's license or identification card, and revocation if individual is deported.

In Senate Public Safety Committee, Jan. 22, 2002. Stricken June 6, 2002.

 

SB 299

Ties expiration of driver's license and identity cards to the date of expiration of legal presence in the United States. Requires proof of continued legal presence upon renewal.

Introduced March 12, 2002. In Senate Public Safety Committee.

 

SB 310

Fixes expiration of driver's license to date the of termination of legal residence in the United States.

Introduced March 14, 2002. In Senate Public Safety Committee.

 

SB 379

Requires applicants for driver's licenses to show proof of legal presence in the United States, or that they have undergone the security check portion of their pending application for legal presence.

Passed Senate: June 12, 2002. June 27, 2002: Reported out of House Public Safety Committee.

Florida

HB 223

HB 223

Provides that for foreign residents who are in Florida with a visa and who are issued a Florida driver's license, the driver's license will expire four years after the date of issuance or upon the expiration of the visa, whichever occurs first; prohibits renewal of a driver's license to a person who has been issued a visa unless the person presents a valid visa at the time of renewal.

Tabled: March 14, 2002. Substituted by SB 520.

 

SB 520

Revises application requirements for driver's licenses and identification cards including use of out-of-state licenses from states that require submission of documentation of legal presence in the United States. Applicants may include submission of fingerprints. If nonimmigrant status is documented, expiration of the license is the date of expiration of those documents with a maximum of two year's duration. If green card is used for identification, the license will expire on the fourth birthday after issue and the individual is exempted from renewal in person. If identity is established by employment authorization card or any document for showing nonimmigrant classification, expiration is four years (or on the expiration of the document if sooner) after issue and requires renewal in person (changes of name or address must also be made in person). Also, amends statues related to fraudulent manufacture and sale of driver's licenses and identification cards.

Passed Senate Feb. 20, 2002. Passed House as amended: March 20, 2002. Senate concurred: March 22, 2002. Presented to governor: April 30, 2002. Signed May 15, 2002.

 

SB 324

Driver's license will expire four years after the date of issuance or upon the expiration of the visa, whichever date first occurs for foreign residents who are in Florida with a visa and who are issued a Florida driver's license. Prohibits renewal of a driver's license to a person who has been issued a visa unless the person presents a valid visa at the time of renewal.

Died in Senate Transportation Committee: March 22, 2002.

Georgia

HB 1008

Licenses expire upon the end of legal authorization in the United States. New licenses issued will indicate whether the licensee is a U.S. citizen and the date of the end of their legal authorization in the United States.

Read for second time in House: Jan. 16, 2002. Died at the end of the regular session, March 22, 2002.

 

SB 480

Similar to HB 1008.

Read and referred in Senate Feb. 25, 2002. Died at the end of the regular session.

Iowa

SB 2192

Allows the department to waive Social Security number requirement for people who are not foreign nationals temporarily in the state. Also adds a provision so that licenses and identification cards issued to foreign nationals will expire with their legally present status, with duration not to exceed two years.

Signed by governor: April 4, 2002.

 

SB 2302

Licenses and identification cards issued to foreign nationals will expire concurrent with their legal status, not to exceed two years.

Feb. 26, 2002: in Senate Transportation Committee. Died at end of regular session.

Kansas

SB 559

Requires facial recognition identifier. Requires Social Security number. Requires legal presence in the United States. Temporary driving permit can be issued to an individual not lawfully present in the United States who possesses an IRS taxpayer identification number and can show Kansas residency. The temporary permit is revoked on expiration of visa and must be renewed annually.

Passes Senate: March 12, 2002. Failed in House: April 11, 2002.

Kentucky

HB 188

Requires the circuit clerk to verify a person's driving status in the National Drivers Register before issuing a license; requires applicants for a license to provide proof of residency; prohibits the issuance of a nondriver's identification card to any person who has a driver's license or instruction permit. Licenses expire when visas expire or one year, whichever is shorter. License renewal every year.

April 9, 2002: Signed by governor (Acts ch. 264)

Louisiana

SB 89 A

Ties expiration of visa to the expiration of driver's license, and prohibits nonresident alien from providing false information regarding lawful presence at application.

Signed by governor: April 18, 2002.

 

HB 107A

Removes identification cards issued by federal, state or local government agencies and out-of-state driver's licenses from the list of identification documents and adds permanent resident alien cards issued after July 1997. Allows department to issue licenses and identification cards for a duration of less than four years based on evaluation of immigration information.

Introduced March 25, 2002. April 1, 2002: In House Transportation Committee. Died at end of special session.

Michigan

HB 5497

Prohibits the secretary of state from issuing a driver's license to a person who is in the United States unlawfully. Specifies that the expiration of a legal alien's license would be the customary expiration date (on the birthday of the person in the fourth year following the date of issuance), or the date on which that person's presence in the United States became unlawful, whichever occurred first.

Passed House: Feb. 7, 2002. In Senate Committee on Transportation and Tourism: Feb. 13, 2002.

 

SB 931

Prohibits issuance of identification card to individuals not lawfully present in the United States. Identification cards will expire on the date presence is no longer lawful.

Passed Senate: Feb. 6, 2002. In House Committee on Transportation: Feb. 6, 2002.

 

SB 960

Requires lawful presence in the United States to obtain a driver's license. Department may report information on the illegal status of an individual found in examination of documents submitted for a driver's license.

Dec. 13, 2001: In Senate Committee on Transportation and Tourism

Minnesota

HF 2622

SF 2563

Requires proof of residency in state for driver's license application and renewal. Requires proof of lawful presence in the United States. Driver's license from another U.S. state is proof of lawful presence. If presence is only lawful for 30 days or less, no license can be issued. Licenses issued expire on the date legal presence ends or the earlier of four years. Incorporates federal regulations for HAZMAT endorsement.

March 22, 2002: In conference.

 

HB 2487

Requires proof of residency in state for driver's license application and renewal. Requires proof of lawful presence in the United States. Driver's license from another U.S. state is proof of lawful presence. If presence is lawful for only 30 days or less no license can be issued. Licenses issued expire on the date legal presence ends or the earlier of 4 years.

April 25, 2001: Introduced.

 

HB 2946

SB 2683

SB 2855

Among other provisions, if applicant is not a citizen or permanent alien, his license expires on the date his visa expires.

Died

Missouri

HB 1416

Requires person with immigration visa to notify the director of revenue of that fact upon application for a driver's license.

March 19, 2002: Executive session held, voted do pass.

 

HB 1462

Details not available.

Introduced Jan. 15, 2002; Withdrawn by author Jan. 16, 2002.

New Jersey

AB 3922

Under current law, licenses are not granted to individual's not lawfully in the United States. This bill addresses the problem of illegal aliens presenting false documents in order to receive a license. This bill also would close a loophole that has allowed certain aliens whose green cards have expired to retain a legal driver's license. The bill would require any license or identification card issued to an alien to expire on the date the alien's authorization to be in the United States expires.

November 19, 2001: Introduced and referred to Assembly Appropriations Committee.

 

SB 2630

Identical to AB 3922.

Nov. 29, 2001: combined with S2708

 

SB 2708

Driver's license and identification card will expire at the end of legal presence in the United States. Director may refuse to grant a license if there is reason to suspect any identification documents are false until they are verified. Requires a digital picture on a driver's license. Allows the use of non-laminated licenses, if they are secure. Allows the storage of motor vehicle information, digital photo and digital signature on a magnetic strip on the license.

Jan. 8, 2002: approved (P.L.2001, c.391).

New York

AB 9835

AB 9624

Driver's license of a resident from a foreign country, who has been issued a visa in the state, will expire upon the expiration of the visa.

May 14, 2002: held for consideration in Assembly Transportation Committee. Bill died.

 

SB 6062

Concurrent expiration of driver's license and visa.

May 5, 2002: amended in Senate Transportation Committee.

 

AB 9586

Driver's licenses of aliens lawfully admitted for permanent residence in the United States and in New York will expire at the same time as the visas.

Amended in Transportation Committee: May 10, 2002.

 

SB 2721

Every applicant for a driver's license or non-driver identification card will be required to submit proof that the applicant's presence in the United States is lawful under federal law.

Ordered to third reading with amendments on March 12, 2002.

Ohio

SB 184

Makes all licenses issued to temporary residents nonrenewable and may not be relied upon to obtain a license in another state. A nonrenewable license expires on the same date as the legal presence document.

Signed by governor: May 15, 2002.

Rhode Island

HB 6923

Requires all driver's license applicants to furnish proof that they are lawful residents of the United States. This act would take effect upon passage.

Jan. 30, 2002: scheduled for hearing or consideration in House Corporations Committee.

 

HB 6921

Requires that for motor vehicle purposes, persons must be lawfully in the United States to be considered a state resident.

Died.

South Carolina

HB 4382

A driver's license issued to a person who is in the state on a student or work visa or to a dependent of that person expires the earlier date of either five years from its issuance, upon the expiration of the person's visa, or when the person's visa is revoked.

In House Committee on Education and Public Works: Jan. 15, 2002.

 

HB 4601

Allows refugees and their dependents to obtain driver's licenses.

In House Committee on Education and Public Works: Jan. 29, 2002.

 

HB 4670

Ties expiration of driver's license to duration of legal presence in the United States. Minimum period for license is one year and maximum valid period of a license issued under these provisions is five years. Individuals pending adjustment of legal status can apply for a one-year extension at license renewal.

Passed Both Houses: May 16, 2002. May 28, 2002: signed by governor (Act 282).

 

HB 3306

Prohibits the Department of Motor Vehicles from issuing a motor vehicle driver's license to or renew the driver's license of a person who is an illegal alien.

Passed House: April 5, 2001. Senate Transportation Committee: April 10, 2001.

 

SB 1051

Similar to HB 4670.

 

Virginia

HB 14

Increases fraudulently obtaining or aiding another in fraudulently obtaining a state driver's license from a Class 2 misdemeanor to a Class 4 felony. Requires legal presence in the United States to obtain a license or identification card and ties the expiration date to the date of legal presence.

Incorporated by HB 638: Feb. 5, 2002.

 

HB 637

Requires the Department of State Police and the Department of Motor Vehicles to enter into agreements with the U.S. Department of State, the INS and other federal law-enforcement agencies to bring about the interchange of information concerning those aliens residing in the United States who hold or apply for Virginia driver's licenses.

Approved by governor: April 2, 2002 (Chap. 412).

 

HB 638

Using false identification for any purpose other than engaging in age limiting activity becomes a Class 6 felony. Prohibits the use of immigration visas and written statements for proof of Virginia residency. Allows for individuals under the age of 19 to show proof of their parent's residency as proof of their own. Requires the director of the DMV to study and report back any other modifications that may be needed to enhance the identification and residency requirements.

Approved by governor: April 7, 2002 (Chap. 767).

 

HB 798

Requires non-U.S. citizen applicants for driver's licenses to submit a fingerprint.

Carried over to 2003.

Vermont

SB 298

Added language that tied expiration of driver's licenses to the expiration of visa. Entire bill was struck and replaced through a Senate amendment.

Passed Senate: April 16, 2002. Amended in House: May 16, 2002.

Washington

HB 2420

Improves the security of state driver's licenses by verifying the citizenship or legal residence of applicants for driver's licenses in and verifying the Social Security numbers of applicants.

Referred to Select Committee on Community Security: Jan. 16, 2002. Bill died.

Source: NCSL, 2002

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