HOUSE DOCKET, NO. 2162        FILED ON: 2/16/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3552

The Commonwealth of Massachusetts

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PRESENTED BY:

Mathew J. Muratore

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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 learner’s permits as government identification.

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PETITION OF:

HOUSE DOCKET, NO. 2162        FILED ON: 2/16/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3552

The Commonwealth of Massachusetts

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

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An Act relative to learner’s permits as government identification.

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 8 of chapter 90 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the eighth paragraph the following 2 paragraphs:-

The registrar shall issue more than 1 type of junior operator license which shall be in such form and type as may be prescribed by the registrar. The registrar shall issue 1 type of junior operator license that is compliant with the REAL ID Act. An applicant for a junior operator license shall provide documentation and demonstrate qualifications acceptable to the registrar. REAL ID-compliant junior operator licenses shall be suitable for federal identification purposes and shall be so marked. The registrar shall also issue a Massachusetts license to an applicant who provides documentation and demonstrates qualifications acceptable to the registrar. A Massachusetts junior operator license shall not be used for federal identification purposes and shall be so marked. No REAL ID-compliant junior operator license shall be issued to a person who fails to provide proof of lawful presence; provided, however, that United States citizens and other persons who provide proof of lawful presence may elect to apply for either a REAL ID-compliant junior operator license or a Massachusetts junior operator license. No junior operator license of any type may be issued to any person who does not have lawful presence in the United States.

The registrar may issue a REAL ID-compliant junior operator license or a Massachusetts junior operator license for a term of less than 18 months to a resident of the commonwealth who is lawfully present in the United States for a period of at least 12 months; provided, however, that the expiration date of any such junior operator license shall be coterminous with the expiration date of the licensee’s authorized stay in the United States, as evidenced by acceptable documents or information provided to the registrar. If a licensee is authorized to stay in the United States for at least 12 months but lacks acceptable evidence of a specific date by which such stay in the United States shall be terminated, a junior operator license issued shall expire not later than 12 months from the date of issue. No license of less than 60 months in duration shall be renewed unless the license holder provides documentation satisfactory to the registrar that the license holder is authorized to remain in the United States. Any such license shall have an expiration date coterminous with the expiration of the authorized stay. All licenses issued for less than 60 months in duration shall be marked as temporary.

SECTION 2. Section 8B of said chapter 90, as so appearing, is hereby amended by adding the following 2 paragraphs:-

The registrar shall issue more than 1 type of learner’s permit in such form and type as may be prescribed by the registrar.  The registrar shall issue 1 type of learner’s permit that is compliant with the REAL ID Act. An applicant for a learner’s permit shall provide documentation acceptable to the registrar. REAL ID-compliant learner’s permits shall be suitable for federal identification purposes and shall be so marked. The registrar shall also issue a Massachusetts learner’s permit to an applicant who provides documentation acceptable to the registrar. A Massachusetts learner’s permit shall not be used for federal identification purposes and shall be so marked. United States citizens or other applicants who provide proof of lawful presence may elect to apply for either a REAL ID-compliant learner’s permit or a Massachusetts learner’s permit.

The registrar may issue a REAL ID-compliant learner’s permit or a Massachusetts learner’s permit for a term of less than 24 months to a resident of the commonwealth who is lawfully present in the United States for a period of at least 12 months; provided, however, that the expiration date of any such learner’s permit shall be coterminous with the expiration date of the permittee’s authorized stay in the United States, as evidenced by acceptable documents or information provided to the registrar. If a permittee is authorized to stay in the United States for at least 12 months but lacks acceptable evidence of a specific date by which such stay in the United States shall be terminated, a learner’s permit issued shall expire not later than 12 months from the date of issue. No learner’s permit of less than 24 months in duration shall be renewed unless the permit holder provides documentation satisfactory to the registrar that the permit holder is authorized to remain in the United States. Any such learner’s permit shall have an expiration date coterminous with the expiration of the authorized stay. All learner’s permits issued for less than 24 months in duration shall be marked as temporary.

SECTION 3. Section 34B of chapter 138 of the General Laws, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

Any licensee, or agent or employee thereof, under this chapter who reasonably relies on: (i) a liquor purchase identification card or motor vehicle license issued pursuant to section 8 of chapter 90; (ii) a learner’s permit issued pursuant to section 8B of chapter 90; (iii) an identification card issued under section 8E of chapter 90; (iv) a valid passport issued by the United States government or by the government, recognized by the United States government, of a foreign country; or (v) a valid United States issued military identification card for proof of a person's identity and age shall not suffer any modification, suspension, revocation or cancellation of such license, nor shall they suffer any criminal liability, for delivering or selling alcohol or alcoholic beverages to a person under 21 years of age. Any licensee, or agent or employee thereof, under this chapter who reasonably relies on such a liquor purchase identification card or motor vehicle license, learner’s permit or identification card for proof of a person's identity and age shall be presumed to have exercised due care in making such delivery or sale of alcohol or alcoholic beverages to a person under 21 years of age. Such presumption shall be rebuttable; provided, however, that nothing contained herein shall affect the applicability of section 69.