(a) (1) Except as provided under subdivisions (a)(2) and (b)(1) of this section regarding the renewal, duplication, or reissuance of a driver's license or identification card, to meet the requirements of this section the Office of Driver Services shall require at a minimum presentation of the following information before issuing a driver's license or identification card to a person:
(A) A photo identity document, except that a nonphoto identity document is acceptable if it includes both the person's full legal name and date of birth;
(B) Documentation showing the person's date of birth;
(C) Proof of the person's social security account number or verification that the person is not eligible for a social security account number; and
(D) Evidence of legal status that includes valid documentary evidence that the person:
(i) Is a citizen of the United States;
(ii) Is an alien lawfully admitted for permanent or temporary residence in the United States;
(iii) Has conditional permanent resident status in the United States;
(iv) Has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States;
(v) Has a pending or approved application for asylum in the United States;
(vi) Has entered into the United States in refugee status;
(vii) Has a pending or approved application for temporary protected status in the United States;
(viii) Has approved deferred action status; or
(ix) Has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States.
(2) (A) If ten (10) or more driver's licenses are issued with the same address of residence, the applicant shall present documentation that establishes the person's address of residence.
(B) The documentation requirements under subdivision (a)(2)(A) of this section shall include, but not be limited to:
(i) A lease;
(ii) A mortgage statement; or
(iii) A utility bill.
(b) (1) For purposes of subsection (a) of this section and except as provided in subdivision (b)(2) of this section, the office shall presume that any driver's license or identification card for which an application has been made for renewal, duplication, or reissuance has been issued in accordance with the provisions of subsection (a) of this section if at the time the application was made the driver's license or identification card had not been cancelled, suspended, or revoked.
(2) Subdivision (b)(1) of this section shall not apply to a renewal, duplication, or reissuance of a driver's license or identification card if the office is notified by a local, state, or federal government agency that the person seeking such renewal, duplication, or reissuance is neither a citizen of the United States nor legally in the United States.
(c) To meet the requirements of this section, the office shall implement the following procedures:
(1) The office shall not accept any foreign document other than an official passport to satisfy a requirement of subsection (a) or (b) of this section; and
(2) No later than January 31, 2006, the Director of the Department of Finance and Administration shall enter into a memorandum of understanding with the Secretary of the United States Department of Homeland Security to routinely utilize the automated system known as Systematic Alien Verification for Entitlements, as provided by section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, to verify the legal presence status of a person other than a United States citizen applying for a driver's license or identification card.
History. Acts 2005, No. 2210, § 1.
U.S. Code. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996, referred to in (c)(2), is codified as 8 U.S.C. § 1101 nt.
RESEARCH REFERENCES
ALR.
Validity of state statutes, regulations, or other identification requirements restricting or denying driver's licenses to illegal aliens. 16 A.L.R.6th 131.