January Session, 2015
LCO No. 5013
Referred to Committee on TRANSPORTATION
AN ACT MAKING FOREIGN BIRTH CERTIFICATES A SECONDARY PROOF OF IDENTITY FOR A "DRIVE-ONLY" OPERATOR'S LICENSE.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 14-36m of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2015):
(a) As used in this section:
(1) "Primary proof of identity" means documentation indicating the identity of an applicant for a motor vehicle operator's license in the form of (A) a valid foreign passport issued by an applicant's country of citizenship that is unexpired or expired for less than three years before an application for such motor vehicle operator's license, (B) a valid, unexpired consular identification document issued by an applicant's country of citizenship, or (C) a consular report of an applicant's birth in a foreign country.
(2) "Secondary proof of identity" means documentation indicating the identity of an applicant for a motor vehicle operator's license in the form of (A) a valid, unexpired motor vehicle operator's license, with security features, issued by another state or country, (B) a valid foreign voter registration card, (C) a certified copy of a marriage certificate issued by any state or territory of the United States, or any political subdivision thereof, including any county, city or town, (D) a certified school transcript, [or] (E) a baptismal certificate or any similar document, or (F) an original birth certificate with a raised seal issued by a foreign country.
(3) "Proof of residency" means a piece of mail or electronic mail that includes an applicant's name and address, indicates that such applicant resides in the state and is dated, unless otherwise indicated, not earlier than ninety days before an application for a motor vehicle operator's license, from any two of the following sources: (A) A bill from a bank or mortgage company, utility company, credit card company, doctor or hospital, (B) a bank statement or bank transaction receipt showing the bank's name and mailing address, (C) a preprinted pay stub, (D) a property or excise tax bill dated not earlier than twelve months before such application, (E) an annual benefits summary statement from the Social Security Administration or other pension or retirement plan dated not earlier than twelve months before such application, (F) a Medicaid or Medicare benefit statement, (G) a current homeowner's insurance or renter's insurance policy or motor vehicle insurance card or policy dated not earlier than twelve months before such application, (H) a residential mortgage or similar loan contract, lease or rental contract showing signatures from all parties needed to execute the agreement dated not earlier than twelve months before such application, (I) any postmarked mail, (J) a change of address confirmation from the United States Postal Service indicating an applicant's current and prior address, (K) a survey of an applicant's real property issued by a licensed surveyor, or (L) any official school records showing enrollment.
(b) (1) Notwithstanding any provision of the general statutes or any regulation, the Commissioner of Motor Vehicles shall not decline to issue a motor vehicle operator's license to any applicant who meets the licensure requirements provided in section 14-36 but who cannot establish that he or she is legally present in the United States or does not have a Social Security number if such applicant (A) submits proof of residency in the state, (B) submits either two forms of primary proof of identity or one form of primary proof of identity and one form of secondary proof of identity, and (C) files an affidavit with the commissioner attesting that such applicant has filed an application to legalize his or her immigration status or will file such an application as soon as he or she is eligible to do so. Any form of primary proof of identity, secondary proof of identity or proof of residency submitted to the commissioner that is in a language other than English shall be accompanied by a certified English translation of such document prepared by a translator approved by the commissioner.
(2) The commissioner shall not issue a motor vehicle operator's license under this section to any applicant who has been convicted of any felony in Connecticut.
(3) The commissioner shall administer a knowledge test to any such applicant after such applicant has submitted proof of residency and proof of identity that satisfy the requirements of this section. Not later than thirty days after such applicant has passed such knowledge test, the commissioner shall determine whether such applicant has been convicted of any felony in Connecticut by searching the electronic criminal record system maintained on the Internet web site of the Judicial Department for convictions matching such applicant's name and date of birth. If such applicant has not been convicted of any such felony, the commissioner shall mail the applicant an adult instruction permit or youth instruction permit. The commissioner shall not refund the application fee of any applicant who fails a knowledge test or has been convicted of any such felony.
(c) Any motor vehicle operator's license issued pursuant to this section shall include an indication on such license that such license shall not be acceptable for federal identification purposes.
(d) Any motor vehicle operator's license issued under this section shall expire from three to six years after the date of issuance and may be renewed every three years thereafter. The commissioner shall not renew any such operator's license unless the holder of such operator's license makes personal appearance and demonstrates proof of residency at the time of renewal.
(e) No motor vehicle operator's license issued pursuant to this section shall be used as identification for voting purposes.
(f) The commissioner shall place a restriction on each motor vehicle operator's license issued pursuant to this section, indicating that such motor vehicle operator's license is "for driving purposes only".
(g) The commissioner may adopt regulations in accordance with chapter 54 to implement the provisions of this section.
This act shall take effect as follows and shall amend the following sections:
July 1, 2015
Statement of Purpose:
To allow an applicant for a "drive-only" license to use a foreign birth certificate as a secondary proof of identity.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]