The State Driver’s License and Identification Security Act Exposed

The State Driver's License and Identification Security Act was adopted by ALEC's Trade and Transportation Task Force at the Annual Meeting on July 30, 2004, approved by the full ALEC Board of Directors in August, 2004. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

CMD's Bill Summary

This Act makes it much more difficult for undocumented and persons with visas to obtain a drivers license.

ALEC Bill Text

SUMMARY

This Act provides greater security in issuing state driver’s licenses and identification by raising the verification standards for originating documents. It authorizes the State Department of Motor Vehicles to refuse to issue a license, permit or identification if reasonable doubt to the authenticity of verifying documents exists. In addition, this legislation requires that, for non-citizens, the driver’s license expires no later than the expiration date of the visa. It also provides for increased penalties for those who possess, sell or use fraudulent documents to obtain a driver’s license or other identification.

MODEL LEGISLATION

Section 1. {Short Title.}

This Act shall be known as the State Driver’s License Identification and Security Act.

Section 2. {Legislative Declarations.}

Section 3. {Definitions.}

(A.) “Driver’s license” means.

(B.) “Identification card” means.

Section 4. {Proof of Identity.}

(A.) No person shall sit for an examination or road test for any license, identification card or permit unless that person presents two forms of identification for proof of identity, age and residence deemed valid by the Department of Motor Vehicles. Such identification must include one (1) primary identity document and one (1) secondary identity document.

Acceptable primary documents are the following:

(1) Birth certificate

(2) Driver’s license issued after the implementation date of this Act

(3) State identification card issued after the implementation date of this Act

(4) Military identification card

(5) Social security card

Acceptable secondary documents are the following

(1) Selective service card

(2) W-2 form

(3) Marriage license

(4) Pilot’s license

(B.) In addition to requiring an applicant for a driver’s license, permit, or identification card satisfactory proof of identity and age, the director or staff also shall require the applicant to provide, as a condition for obtaining a permit, license, or identification card, proof that the applicant’s presence in the United States is authorized under federal law. This means that applicant must produce a valid visa, work permit, or I-94 form. A consulate card issued by a foreign government is not considered valid proof of residence, or valid primary identification for the issuance of a U.S. driver’s license.

Section 5. {Standards for Refusal to Issue a License, Permit or Identification Card.}

If the director or staff suspects that any document presented by an applicant as proof of identity, age, or legal residency is altered, false or otherwise invalid, the director or staff shall refuse to grant the permit, license or identification card until such time as the document may be verified by the issuing agency.

Section 6. {License, Permit, Identification Card Expiration Date.}

If the Department of Motor Vehicles issues a license, permit or identification card to a person who has demonstrated authorization to be present in the United States for a period time shorter than the standard period of the license, permit or identification card, the Department of Motor Vehicles shall fix the expiration date of the license, permit or identification card no later than the date at which the person’s authorization to be present in the United States expires. The Department of Motor Vehicles may only renew such a license, permit or identification card if it is demonstrated that the person’s continued presence in the United States in authorized under federal law.

Section 7. {Reprisals Prohibited.}

Reprisals against any employee of the Department of Motor Vehicles for enforcing any section of this Act is hereby prohibited. This includes but is not limited to threats against the employee’s person, property, family or employment. Those accused of making such reprisals will be prosecuted under the appropriate section (s) of this states criminal code.

Section 8. {Fraud Punishable Under the Law.}

A person convicted of any of the following shall be guilty of a crime in this State.

(A.) A person who knowingly sells, offers or exposes for sale, or otherwise transfers with the intent to sell, offer or expose for sale, or otherwise transfer, a document, printed form or other writing which falsely purports to be a driver’s license or other document issued by a governmental agency and which could be used as a means of verifying a person’s identity or age.

(B.) A person who knowingly makes, or possesses devices or materials to make, a document or other writing which falsely purports to be a driver’s license or other document issued by a government al agency and which could be used as a means of verifying a person’s identity or age.

(C.) A person who knowingly exhibits, displays or utters a document or other writing which falsely purports to be a driver’s license or other document issued by a governmental agency and which could be used as a means of verifying a person’s identity or age.

(D.) A person who knowingly possesses a document or other writing which falsely purports to be a driver’s license or other document issued by a government al agency and which could be used as a means of verifying a person’s identity or age.

(E.) Every person convicted of or adjudicated delinquent for a violation of any offense defined in this section shall forfeit his right to operate a motor vehicle in this state for a period to be fixed by the court at not less than six months or more than two years which shall commence on the day the sentence is imposed.

Section 9. {Severability Clause.}

Section 10. {Repealer Clause.}

Section 11. {Effective Date.}

Adopted by ALEC's Trade & Transportation Task Force at the Annual Meeting July 30, 2004.

Approved by full ALEC Board of Directors August, 2004.