HOUSE DOCKET, NO. 448        FILED ON: 1/21/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3456

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Tricia Farley-Bouvier and Christine P. Barber

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to work and family mobility during and subsequent to the COVID-19 emergency.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Tricia Farley-Bouvier

3rd Berkshire

1/21/2021

Christine P. Barber

34th Middlesex

1/21/2021

Carlos González

10th Hampden

2/10/2021

Danillo A. Sena

37th Middlesex

1/22/2021

Adrian C. Madaro

1st Suffolk

1/22/2021

Nika C. Elugardo

15th Suffolk

1/22/2021

Mary S. Keefe

15th Worcester

1/25/2021

Tram T. Nguyen

18th Essex

1/22/2021

Liz Miranda

5th Suffolk

1/22/2021

Kay Khan

11th Middlesex

1/22/2021

Mindy Domb

3rd Hampshire

1/22/2021

Sarah K. Peake

4th Barnstable

1/22/2021

Lindsay N. Sabadosa

1st Hampshire

1/22/2021

Jay D. Livingstone

8th Suffolk

1/22/2021

Jack Patrick Lewis

7th Middlesex

1/22/2021

James K. Hawkins

2nd Bristol

1/22/2021

Christopher Hendricks

11th Bristol

1/22/2021

Frank A. Moran

17th Essex

1/22/2021

Vanna Howard

17th Middlesex

1/24/2021

Peter Capano

11th Essex

1/24/2021

Steven C. Owens

29th Middlesex

1/25/2021

Maria Duaime Robinson

6th Middlesex

1/25/2021

Michelle L. Ciccolo

15th Middlesex

1/25/2021

Carmine Lawrence Gentile

13th Middlesex

1/25/2021

Tommy Vitolo

15th Norfolk

1/25/2021

Ruth B. Balser

12th Middlesex

1/26/2021

Christina A. Minicucci

14th Essex

1/26/2021

Patricia A. Duffy

5th Hampden

1/27/2021

Mike Connolly

26th Middlesex

1/28/2021

Adam G. Hinds

Berkshire, Hampshire, Franklin and Hampden

1/29/2021

Natalie M. Blais

1st Franklin

1/29/2021

Kevin G. Honan

17th Suffolk

2/2/2021

Bud L. Williams

11th Hampden

2/3/2021

Jon Santiago

9th Suffolk

2/3/2021

Thomas M. Stanley

9th Middlesex

2/3/2021

Sal N. DiDomenico

Middlesex and Suffolk

2/4/2021

Erika Uyterhoeven

27th Middlesex

2/5/2021

John J. Lawn, Jr.

10th Middlesex

2/8/2021

David Henry Argosky LeBoeuf

17th Worcester

2/8/2021

Daniel R. Carey

2nd Hampshire

2/8/2021

Kenneth I. Gordon

21st Middlesex

2/9/2021

Tami L. Gouveia

14th Middlesex

2/9/2021

David Paul Linsky

5th Middlesex

2/9/2021

Steven Ultrino

33rd Middlesex

2/9/2021

Rebecca L. Rausch

Norfolk, Bristol and Middlesex

2/11/2021

Russell E. Holmes

6th Suffolk

2/12/2021

James B. Eldridge

Middlesex and Worcester

2/16/2021

Joseph W. McGonagle, Jr.

28th Middlesex

2/16/2021

Marcos A. Devers

16th Essex

2/18/2021

Brandy Fluker Oakley

12th Suffolk

2/19/2021

Daniel J. Ryan

2nd Suffolk

2/22/2021

Michael J. Moran

18th Suffolk

2/22/2021

David M. Rogers

24th Middlesex

2/23/2021

Jason M. Lewis

Fifth Middlesex

2/23/2021

Andres X. Vargas

3rd Essex

2/23/2021

James J. O'Day

14th Worcester

2/23/2021

John J. Mahoney

13th Worcester

2/23/2021

Joanne M. Comerford

Hampshire, Franklin and Worcester

2/24/2021

Harriette L. Chandler

First Worcester

2/24/2021

Dylan A. Fernandes

Barnstable, Dukes and Nantucket

2/24/2021

Michael P. Kushmerek

3rd Worcester

2/25/2021

Natalie M. Higgins

4th Worcester

2/25/2021

Sally P. Kerans

13th Essex

2/26/2021

Kate Lipper-Garabedian

32nd Middlesex

2/26/2021

Sean Garballey

23rd Middlesex

2/26/2021

Rady Mom

18th Middlesex

2/26/2021

Chynah Tyler

7th Suffolk

2/26/2021

Daniel M. Donahue

16th Worcester

2/26/2021

Paul W. Mark

2nd Berkshire

2/26/2021

Michelle M. DuBois

10th Plymouth

2/26/2021

James Arciero

2nd Middlesex

3/3/2021

Marjorie C. Decker

25th Middlesex

3/2/2021

Lori A. Ehrlich

8th Essex

3/3/2021

Alice Hanlon Peisch

14th Norfolk

3/2/2021

Orlando Ramos

9th Hampden

3/8/2021

Elizabeth A. Malia

11th Suffolk

3/8/2021

Kip A. Diggs

2nd Barnstable

3/9/2021

Gerard J. Cassidy

9th Plymouth

3/9/2021

John J. Cronin

Worcester and Middlesex

3/10/2021

Daniel J. Hunt

13th Suffolk

3/14/2021

Julian Cyr

Cape and Islands

3/15/2021

Edward R. Philips

8th Norfolk

3/15/2021

Daniel Cahill

10th Essex

3/16/2021

Rob Consalvo

14th Suffolk

3/23/2021

Michael S. Day

31st Middlesex

3/23/2021

Smitty Pignatelli

4th Berkshire

3/25/2021

Joan Meschino

3rd Plymouth

3/25/2021

Meghan Kilcoyne

12th Worcester

3/26/2021

John Barrett, III

1st Berkshire

4/12/2021

Paul J. Donato

35th Middlesex

4/12/2021

Mathew J. Muratore

1st Plymouth

5/4/2021


HOUSE DOCKET, NO. 448        FILED ON: 1/21/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3456

By Representatives Farley-Bouvier of Pittsfield and Barber of Somerville, a petition (accompanied by bill, House, No. 3456) of Tricia Farley-Bouvier, Christine P. Barber and others relative to eligibility for application for motor vehicle learners' permits and drivers' licenses.  Transportation.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

_______________

 

An Act relative to work and family mobility during and subsequent to the COVID-19 emergency.

 

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to assure that Massachusetts residents be able to travel safely during the declaration of emergency related to COVID-19 and thereafter, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 2 of chapter 90 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the words “Social Security Administration”, in line XX, the following words: proof of lawful presence in the United States or any other document or combination of documents acceptable under section 8 as proof of identity and date of birth.

SECTION 2. Section 8 of said chapter 90, as so appearing, is hereby amended by striking out, in lines 275 to 277, the sentence “No license of any type may be issued to any person who does not have lawful presence in the United States.” and inserting in place thereof the following sentences:-

Persons who do not provide proof of lawful presence, including those who are ineligible for a social security number, shall be eligible for a Massachusetts license if they meet all other qualifications for licensure and provide satisfactory proof to the registrar of identity, date of birth and Massachusetts residency. When processing an application for a Massachusetts license, a learner’s permit, a Massachusetts identification card, or a motor vehicle registration, the registrar shall not inquire about or create a record of an applicant’s citizenship or immigration status.

SECTION 3. Said section 8 of said chapter 90, as so appearing, is hereby further amended in lines 278 and 279 by striking out the words “or a Massachusetts license”.

SECTION 4. Said section 8 of said chapter 90, as so appearing, is hereby further amended by inserting before the word “license”, in line 287, the following words:- “REAL ID-compliant”.

SECTION 5. Said section 8 of said chapter 90, as so appearing, is hereby further amended by inserting after the word “temporary.”, in line 295, the following sentence:-

If, at the expiration of the term of a REAL ID-compliant license, the licensee does not provide proof of lawful presence, the licensee shall remain eligible to apply for a Massachusetts license. 

SECTION 6. Said section 8 of said chapter 90, as so appearing, is hereby further amended by adding the following paragraphs:-

For applicants for a Massachusetts license under this section or section 8B who do not provide proof of lawful presence in the United States, the registrar shall accept the following documents as proof of identity and date of birth: 1 document from list A, as described in this section, or 2 documents from list B, as described in this section; provided, that if an applicant presents 2 documents from list B, at least 1 document shall include a photograph of the applicant and at least 1 document shall include the applicant’s date of birth.

List A:

A foreign passport that is unexpired or that expired no more than 5 years before the date of application; or

A consular identification document that is unexpired or that expired no more than 5 years before the date of application. 

List B:

A driver’s license from any United States state or territory that is unexpired or that expired no more than 5 years before the date of application;

An identification card issued by the registrar under Section 8E that is unexpired or that expired no more than 5 years before the date of application;

An original or certified copy of a birth certificate; or

An Employment Authorization Document issued by United States Citizenship and Immigration Services that expired no more than 5 years before the date of application.

Each applicant for a license or learner’s permit under this chapter shall attest under the pains and penalties of perjury that their license or right to operate has not been suspended or revoked in another state, country or jurisdiction.

SECTION 7. Section 8B of said chapter 90, as so appearing, is hereby amended in lines 42 to 44 by striking the words “, except that no permit shall be issued to an applicant for a period of time longer than the registrar determines the applicant is legally authorized to remain in the United States”.

SECTION 8. Section 8E of said chapter 90, as so appearing, is hereby amended by inserting, after the sentence ending on line 45, the following sentences:-

Persons who do not provide proof of lawful presence, including those who are ineligible for a social security number, shall be eligible for a Massachusetts identification card if they meet all other qualifications for a Massachusetts identification card and provide satisfactory proof to the registrar of identity, date of birth and Massachusetts residency.   When processing an application for a Massachusetts identification card, registrar shall accept any document or combination of documents acceptable under section 8 as proof of identity and date of birth.

SECTION 9. Said section 8E of said chapter 90, as so appearing, is hereby further amended by inserting, before the words “identification card” in line 48, the words “REAL ID-compliant”, and by striking out, after the words “identification card” in line 48, the words “of any type”.

SECTION 10. Said section 8E of said chapter 90, as so appearing, is hereby further amended by striking out, in line 51, the words “an identification card” and inserting in place thereof “a REAL ID-compliant identification card”.

SECTION 11. Said section 8E of said chapter 90, as so appearing, is hereby further amended by inserting, before the words “identification card” in line 60, and again before the words “identification card” in line 62, the words “REAL ID-compliant”.

SECTION 12. Said section 8E of said chapter 90, as so appearing, is further amended by inserting, after the sentence ending on line 68, the following sentence:-

“If, at the expiration of the term of a REAL ID-compliant identification card, the card holder does not provide proof of lawful presence, the card holder may apply for a Massachusetts identification card.”

SECTION 13. Section 30 of said chapter 90, as so appearing, is hereby amended by inserting after the third sentence the following sentences:-

The registrar shall not keep any document or any copy of any document received or presented in the course of an application for a Massachusetts license, Massachusetts identification card, or registration used to prove identity, date of birth, residency, social security number, or lack of or ineligibility for a social security number after such license or registration has been issued. A proper record shall not reveal information about the documents received or presented in the course of an application for a Massachusetts license, Massachusetts identification card, or registration, including what type of documents were used to support the application.

SECTION 14. Said section 30 of said chapter 90 is hereby further amended by adding the following paragraph:-

Except as required by state or federal law, the registrar shall not sell, disclose, or permit access to records kept by the registrar, including, but not limited to, personal identifying information, communications between applicants and the registrar, photographs, images, and biometric information. Records that are not otherwise required to be disclosed under state or federal law shall be disclosed only pursuant to a judicial warrant.

SECTION 15. This act shall take effect in 90 days.