SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2489

Senate, May 24, 2016 – Text of amendment (1129.1) (offered by Senator McGee) to the Ways and Means amendment (Senate, No. 4) to the House Bill making appropriations for the fiscal year 2017 for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements.

 

The Commonwealth of Massachusetts

 

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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by striking out the text and inserting in place thereof the following text:-

“that the proposed new text be amended by inserting after section 28 the following 10 sections:-

‘SECTION 28A. Section 1 of chapter 90 of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Killed in action”, the following 2 definitions:–

“Lawful status”, the same meaning as defined in 6 C.F.R. 37.3.

“Lawful presence”, persons who have: (i) lawful status in the United States; or (ii) documentation of lawful presence in the United States satisfactory to the registrar, in consultation with the United States Department of Homeland Security.

SECTION 28B. Said section 1 of said chapter 90, as so appearing, is hereby further amended by inserting after the definition of “'Manufacturer'', the following definition:–

“Massachusetts license or identification card,” a license or identification card that is not issued in compliance with the standards established by the United States Department of Homeland Security in 6 C.F.R. 37.

SECTION 28C. Said section 1 of said chapter 90, as so appearing, is hereby further amended by inserting after the definition of “Police officer” the following 2 definitions:–

“REAL ID Act”, the REAL ID Act of 2005, 49 U.S.C. 30301.

“REAL ID-compliant license or identification card”, a driver’s license or identification card issued in compliance with the standards established by the UnitedStates Department of Homeland Security in 6 C.F.R. 37.

SECTION 28D. The first paragraph of section 2 of said chapter 90, as so appearing, is hereby amended by striking out the sixth sentence and inserting in place thereof the following sentence:–  Except as otherwise provided in this chapter, no registration shall be issued to a natural person for a motor vehicle or trailer unless the person holds a license, an identification card issued under section 8E, a social security number issued by the United States Social Security Administration or proof of lawful presence in the United States; provided, however, that the registrar shall provide by regulation for certain exemptions from these registration requirements, as applicable, for nonresident, out-of-state students, certain military personnel, senior citizens and disabled persons; and provided further, that the registrar may provide by regulation additional exemptions which shall be consistent with this section.

SECTION 28E. Section 8 of said chapter 90, as so appearing, is hereby amended by striking out the last 4 paragraphs and inserting in place thereof the following 7 paragraphs:–

A license or any renewal thereof issued to an operator shall be valid from the date of issuance and shall expire on a date to be determined by the registrar which shall be not more than 60 months from the date of issue, provided, however, that the registrar may authorize a 1-year extension of the period of license validity for a licensee who has undergone medical treatment for an illness resulting in temporary changes to the physical characteristics of the applicant that would be apparent in an image captured by the registrar, as authorized in this section and section 8E. For the purposes of this section, a license issued to an operator born on February 29 shall expire on March 1.  An applicant for renewal of a license who is 75 years of age or older shall apply for renewal in person at a registry branch office.

Applications for licenses shall be in such form as may be prescribed by the registrar and shall be signed by the applicant under oath. Only a resident of the commonwealth shall be eligible to apply for a driver’s license issued by the registrar. If an applicant is under 18 years of age, the application shall be accompanied by the written consent, in such form as the registrar shall determine, of a parent or guardian or other person standing in place of a parent of the applicant. The photograph or facial image of the applicant required to be made a part of any license issued by this section shall be retained with the application for the period of time required by regulations of the registrar even if a driver’s license has not been issued.

The registrar shall issue more than 1 type of license which shall be in such form and type as may be prescribed by the registrar. The registrar shall issue 1 type of license that is compliant with the REAL ID Act. An applicant for a license shall provide documentation and demonstrate qualifications acceptable to the registrar. REAL ID-compliant 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 license shall not be used for federal identification purposes and shall be so marked.

No REAL ID-compliant 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 license or a Massachusetts license.

The registrar may issue a REAL ID-compliant license for a term of less than 60 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 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 submitted to the registrar. If any such licensee is authorized to stay in the United States for at least 12 months but lacks acceptable evidence of a specific date on which such stay shall be terminated, the license issued to that person shall expire not later than 12 months from the date of issuance. No REAL ID-compliant license issued for less than 60 months 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 date of the authorized stay. All licenses issued for less than 60 months in duration shall be marked as temporary.

An applicant for a license under this section shall be required to answer questions on the examination to determine the applicant's knowledge of the laws regarding operating a motor vehicle while under the influence of alcoholic beverages or drugs or while sending or receiving electronic messages, including the relevant sections of this chapter, chapter 94C and chapter 138. The registrar shall determine the nature and number of such questions.

An applicant for a license or renewal thereof appearing in person at a registry branch shall take and pass a vision test administered by the registry; provided, however, that except as required by the registrar by regulation, an applicant may provide a vision screening certificate, signed by an optometrist or ophthalmologist, to demonstrate compliance with the minimum visual standards to obtain and hold a license. The vision screening certificate shall not be deemed invalid by the registrar solely because it contains an electronic signature.

SECTION 28F. Section 8B of said chapter 90, as so appearing, is hereby amended by inserting after the word, “occurs”, in line 42, the following 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 28G. The last paragraph of said section 8B of said chapter 90, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:–  Notwithstanding that a learner’s permit may be valid for a period of up to 2 years, each holder of a learner’s permit with a period of validity of 2 years may take not more than 6 driving tests within the first year and not more than 6 driving tests within the second year; provided, however, that if the registrar has issued a learner’s permit for less than 2 years duration, the holder shall be limited to not more than 6 driving tests in the first year and not more than 1 driving test for each 2 months thereafter  for the remaining period of validity of the permit and upon payment of the fee for examination of an applicant for an operator’s license as required by said section 33 for each driving test.

SECTION 28H. Section 8E of said chapter 90, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:–

A person 14 years of age or older who does not have a valid license to operate a motor vehicle may make application to the registrar for an identification card to be issued under this section. Only a resident of the commonwealth shall be eligible to apply for an identification card issued by the registrar. The registrar shall establish by regulation criteria for identification cards, including an exceptions process by which a person who is homeless or is otherwise unable to meet the established criteria may apply.

SECTION 28I. Said section 8E of said chapter 90, as so appearing, is hereby further amended by striking out the third paragraph and inserting place thereof the following 3 paragraphs:–

An identification card or any renewal thereof issued under this section shall be valid from the date of issuance and shall expire on a date to be determined by the registrar which shall not be more than 60 months from the date of issuance; provided, however, that the registrar may authorize a 1-year extension of the period of identification card validity for an applicant who has undergone medical treatment for an illness resulting in temporary changes to the physical characteristics of the applicant that would be apparent in an image captured by the registrar, as authorized by this section and section 8.  For the purposes of this section, an identification card issued to an operator born on February 29 shall expire on March 1.

Applications for identification cards shall be in such form as may be prescribed by the registrar and shall be signed by the applicant under oath. The photograph or facial image of the applicant required to be made a part of any identification card issued pursuant to this section shall be retained with the application for the period required by regulations of the registrar even if an identification card is not issued.

The registrar shall issue more than 1 type of identification card in such form and type as may be prescribed by the registrar. The registrar shall issue 1 type of identification card that is compliant with the REAL ID Act. An applicant for an identification card shall provide documentation acceptable to the registrar. REAL ID-compliant identification cards shall be suitable for federal identification purposes and shall be so marked. The registrar shall also issue a Massachusetts identification card to an applicant who provides documentation acceptable to the registrar. A Massachusetts identification card 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 identification card or a Massachusetts identification card.

The registrar may issue an identification card of any type for a term of less than 60 months but not less than 12 months. No identification card of any type may be issued under this section to a person whose lawful presence is for less than 12 months from the date of application for the identification card. The registrar may issue a REAL ID-compliant identification card for a term of less than 60 months to a resident of the commonwealth whose lawful presence is authorized for a period of at least 12 months; provided, however, that the expiration date of the identification card shall be coterminous with the expiration date of the applicant’s authorized stay in the United States as evidenced by acceptable documents or information provided to the registrar. If the applicant’s lawful presence is authorized for at least 12 months but lacks acceptable evidence of a specific date by which such stay in the United States shall be terminated, the identification card issued shall expire not later than 12 months from the date of issuance. No REAL ID-compliant identification card of less than 60 months in duration shall be renewed for any period unless the card holder provides documentation satisfactory to the registrar that the card holder is authorized to remain in the United States.  Any such identification card expiration shall have an expiration date coterminous with the expiration date of the authorized stay. An identification card issued for a duration of less than 60 months shall be marked as temporary.

SECTION 28J. Said chapter 90 is hereby further amended by striking out section 31, as so appearing, and inserting in place thereof the following section:–

Section 31. The registrar may make rules and regulations governing the use and operation of motor vehicles or trailers and the conduct of operators and chauffeurs and may establish regulations to govern operator licenses, permits and identification cards and any other products the registrar issues or which the general court shall require the registrar to issue. A copy of the rules and regulations, attested by the registrar, shall be prima facie evidence that they have been adopted as provided by law. This section shall not be construed as giving the registrar power to regulate the speed at which motor vehicles may be operated on the public ways.’ and

by inserting after section 40 the following section:-

SECTION 40A. Section 34B of chapter 138 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following sentence:–  A liquor purchase identification card issued by the registrar shall be labeled as “Not for Federal Identification.’ and by inserting after section 77 the following 2 sections:-

“SECTION 77A.  Notwithstanding section 8 of chapter 90 of the General laws, a Massachusetts  license issued by or before the effective date section 28E may be renewed as a Massachusetts license without the license holder providing proof of lawful presence or the expiration date of an authorized stay.

SECTION 77B. Notwithstanding section 8E of chapter 90 of the General Laws, A Massachusetts identification card issued before the effective date of section 28I  may be renewed as a Massachusetts identification card without the license holder providing proof of lawful presence or the expiration date of an authorized stay.”