27-16-1105. Minimum issuance standards for driver's licenses.

27-16-1105. Minimum issuance standards for driver's licenses. (a)(1) Except as provided under subdivisions (a)(2) and (3) 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; (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; (x) Has a pending extension Form I-129, Petition for a Nonimmigrant Worker or a pending Form I-539, Application to Extend/Change Nonimmigrant Status for dependents, as evidenced by a valid Form I-797C, Notice of Action; or (xi) Is a spouse or minor child described under 8 U.S.C. § 1101(a)(15)(F)(ii) as in effect on January 1, 2013, of a bona fide student under 8 U.S.C. § 1101(a)(15)(F)(i) as in effect on January 1, 2013, who has been given authorization for optional practical training under 8 C.F.R. § 214.2(f)(10)(ii) as in effect on January 1, 2013, established by a valid employment authorization document issued by United States Citizenship and Immigration Services. (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. (3)(A)(i) The office may establish by rule a written and defined exceptions process for a person who is unable to present all the necessary documents for a driver's license or identification card and who must rely upon alternate documents. (ii) The office shall accept alternate documents only to establish identity or date of birth of the person. (iii)(a) An eligible inmate as defined under § 27-16-801(h)(1) may satisfy the identity document requirement under this section by submitting a sentencing order to the Office of Driver Services before his or her release from incarceration. (b) The exception to the identity document requirement under subdivision (a)(3)(A)(iii)(a) of this section shall not be applicable to a first-time issuance of a driver's license or identification card nor may it be used to waive any documentation requirements for non-United States citizens. (B) A person wishing to obtain a driver's license or identification card using alternate documents shall demonstrate to the office that the person is relying on alternate documents due to reasons beyond the person's control. (C)(i) The office shall determine whether the alternate documents presented possess reasonable indications of reliability. (ii) The alternate documents are subject to reasonable verification by the office. (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 the 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 subsection (b) of this section; and (2) No later than January 31, 2006, the Secretary of the Department of Finance and Administration shall enter into a memorandum of understanding with the United States Secretary of Homeland Security to routinely utilize the automated system known as the Verification Information System database of the Systematic Alien Verification for Entitlements Program, as provided by section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub. L. No. 104-208, to verify the legal presence status of a person other than a United States citizen applying for a driver's license or identification card.