Bill Summary – FastDemocracy

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 Councilmember Janeese Lewis George                            Councilmember Charles Allen

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                                               A BILL

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                    IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

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 To amend the District of Columbia Traffic Act, 1925 to provide an exception to the 6-month

       residency requirement for a limited purpose credential for applicants who have been

       determined to have been transported to the District by the executive branch of another state,

       and to clarify that a limited purpose credential issued to an applicant who claims the

       exception to the 6-month residency requirement cannot be used to apply for Continuum of

       Care Services under the Homeless Services Reform Act of 2005; to clarify the requirements

       to provide proof of identification and residency for applicants who have been transported

       to the District by the executive branch of another state and have had original documents

       retained by the Department of Homeland Security pending a hearing, and to clarify that

       proof of identification and residency provided under these circumstances cannot be used

       for a purpose other than to apply for a limited purpose credential; and to amend the District

       of Columbia Municipal Regulations to use a letter approved by the Department of Motor

       Vehicles when applying for limited purpose credentials and to make conforming

       amendments.

        BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

 act may be cited as the “Limited Purpose Credential Clarification Amendment Act of 2024”.

        Sec. 2. Section 8c of the District of Columbia Traffic Act, 1925, effective January 17, 2014

 (D.C. Law 20-62; D.C. Official Code § 50-1401.05), is amended as follows:

        (a) Subsection (a)(1) is amended to read as follows:

        “(a)(1) Has resided in the District for:

                “(A) Longer than 6 months; or

                “(B) At least 90 days and provides the following:

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                                “(i) Proof that their original documents from their country of origin

 were retained by the Department of Homeland Security pending a hearing; and

                                (ii) One of the following types of documentation issued by the

 United States Department of Homeland Security (“DHS”) or Department of Health and Human

 Services (“DHHS”):

                                       (I) DHHS Form ORR R-535, Office of Refugee

 Resettlement of Verification Release Form;

                                       (II) Immigration and Customs Enforcement Form I-220A

 (Order of Release on Recognizance);

                                       (III) DHS Form I-862 (Notice to Appear);

                                       (IV) DHS       Form    I-94    (Arrival/Departure     Record,

 Humanitarian Parole Document); or

                                       (V) Immigration and Customs Enforcement Form I-220B

 (Order of Supervision).”.

        (b) A new subsection (k) is added to read as follows:

        “(k) Notwithstanding any other provision of law, a limited purpose driver’s license, permit,

 or identification card issued pursuant to subsection (a)(1)(B) of this section shall constitute proof

 that the applicant is a resident of the District, as that term is defined in section 2(32) of the

 Homeless Services Reform Act of 2005, effective October 22, 2005 (D.C. Law 16-35; D.C.

 Official Code § 4-751.01(32)) (“HSRA”), for purposes of applying for Continuum of Care services

 under the HSRA.”.

        Sec. 3. Section 114 of Chapter 1 of Title 18 of the District of Columbia Municipal

 Regulations (18 DCMR § 114), is amended as follows:

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         (a) Subsection 114.3 is amended as follows:

                 (1) Paragraph (a) is amended by striking the phrase “Original valid, unexpired

 passport” and inserting the phrase “Original valid, unexpired passport or original valid passport

 that expired within the last five (5) years”.”

                 (2) Paragraph (d) is amended by striking the phrase “; or” and inserting a semicolon

 in its place.

                 (3) Paragraph (e) is redesignated as paragraph (f).

                 (4) Paragraph (e) is amended by striking the period and inserting the phrase “; or”

 in its place.

                 (5) A new paragraph (g) is added to read as follows:

         “(g) For an identification card only, a Department of Motor Vehicles’ approved letter with

 picture and affidavit of identity attesting to the requirements of § 50-1401.05(a)(1)(B) from a

 current recipient of a grant through the Immigrant Justice Legal Services grant program.”.

         (b) Subsection 114.4 is amended as follows:

                 (1) Paragraph (c) is amended by striking the phrase “; or” and inserting a semicolon

 in its place.

                 (2) Paragraph (d) is redesignated paragraph (m).

                 (3) New paragraphs (d), (e), (f), (g), (h), (i), (j), and (k) are added to read as follows:

                 “(d) ORR Form R-535 (Office of Refugee Resettlement Verification Release Form)

                 “(e) DHS Form 220A (Order of Release on Recognizance);

                 “(f) DHS Form I-94 (Arrival/Departure Record, Humanitarian Parole Document);

                 “(g) DHS Form I-862 (Notice to Appear)

                 “(h) DHS Form I-327 (Permit to Re-enter);

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                   “(i) DHS Form I-571 (Refugee Travel Document);

                   “(j) DHS Form I-589 (Application for Asylum and for Withholding of Removal)

 with USCIS receipt or stamp from the Executive Office of Immigration Review of the Department

 of Justice showing applicant’s proof of submission;

                   “(k) Immigration and Customs Enforcement Form I-220B (Order of Supervision)

                   “(l) Legible photocopies of any accepted proof of identity set forth in Subsection

 114.3 and this subsection obtained through a Freedom of Information Act request, provide that a

 letter of acknowledgment from the issuing federal agency accompanies the documents; or”.

        (d) Subsection 114.5 is amended as follows:

                   (1) The lead-in language is amended by striking the phrase “Subparagraphs (j)-(m)

 of” and inserting the phrase “subparagraphs (j)-(o) of” in its place.

                   (2) Paragraph (h) is amended to read as follows:

        “(h) Official mail and electronic correspondence noting the applicant’s current address

 issued by a federal or District of Columbia agency, other than the District of Columbia Department

 of Motor Vehicles, within the last sixty (60) days or a change of address notification from the U.S.

 Postal Service;

                   (3) New paragraphs (n) and (o) are added to read as follows:

        “(n) For an identification card only, a Department of Motor Vehicles’ approved letter with

 picture and affidavit of identity attesting to the requirements of § 50-1401.05(a)(1)(B) from a

 current recipient of a grant through the Immigrant Justice Legal Services grant program. A second

 document is not required to establish present residency. An applicant whose submission is accepted

 under this provision is not required to comply with subsection 114.6.”.

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        “(o) For an identification card only, a homeless applicant may use a Department of Motor

 Vehicles approved letter and affidavit of identity from a certified social service provider dated

 within the last sixty (60) days, which shall include the address of their current shelter agency, or if

 not staying in a shelter, may use the general delivery of the post office nearest where they spend

 most of their time or the address of the social service provider. A second document is not required

 to establish present residency. An applicant whose submission is accepted under this provision is

 not required to comply with subsection 114.6.”.

        (e) Subsection 114.6 is amended as follows:

                (1) Paragraph (g) is amended to read as follows:

        “(g) Official mail and electronic correspondence noting the applicant’s current address

 issued by a federal or District of Columbia agency, other than the District of Columbia Department

 of Motor Vehicles, within the last sixty (60) days or a change of address notification from the U.S.

 Postal Service;”

        Sec. 5. Fiscal impact statement.

        The Council adopts the fiscal impact statement in the committee report as the fiscal impact

 statement required by section 4a of the General Legislative Procedures Act of 1975, approved

 October 16, 2006 (120 Stat. 2038; D.C. Official Code § l-301.47a).

        Sec. 6. Effective date.

        This act shall take effect following approval by the Mayor (or in the event of veto by the

 Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90

 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a)

 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C.

 Official Code § 1-204.12(a)).

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