27-16-1209. Expiration and renewal.

27-16-1209. Expiration and renewal. (a) A voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, and voluntary enhanced security identification card issued to a United States citizen or United States national under this subchapter shall expire at the time provided for other driver's licenses, commercial driver's licenses, and identification cards issued under this title. (b)(1) Every voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card issued to an applicant other than a United States citizen or United States national shall expire on the date indicated in subdivision (b)(2) of this section if the applicant provides valid documentary evidence of legal status that the person: (A) Is an alien lawfully admitted for permanent or temporary residence in the United States; (B) Has conditional permanent resident status in the United States; (C) Has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States; (D) Has a pending or approved application for asylum in the United States; (E) Has entered into the United States in refugee status; (F) Has a pending or approved application for temporary protected status in the United States; (G) Has approved deferred action status; or (H) 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 the applicant for issuance or renewal of a voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card provides valid documentary evidence of legal status with no expiration date, the driver's license or identification card issued shall expire on the end of the month in which the driver's license or identification card was issued one (1) year from its date of initial issuance. (B) If the applicant for issuance or renewal of a voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card provides valid documentary evidence of legal status containing an expiration date, the driver's license or identification card issued shall expire on the earlier to occur of the following: (i) The date of expiration indicated on the person's valid documentary evidence of legal status; or (ii) The expiration date listed in subdivision (b)(1) or subdivision (b)(2)(A) of this section. (3) The Office of Driver Services shall verify the legal presence of an applicant for renewal of a voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card of a person included in subdivision (b)(1) or subdivision (b)(2)(A) of this section by utilizing 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 Immigration Responsibility Act of 1996, Pub. L. No. 104-208. (c) A voluntary enhanced security driver's license, voluntary enhanced security commercial driver's license, or voluntary enhanced security identification card issued under this section must be renewed at the end of the period specified in subsections (a) and (b) of this section and, to the extent applicable, other renewal provisions in this chapter. (d) The Secretary of the Department of Finance and Administration may by rule shorten or lengthen the term of any driver's license or identification card period under this section, as necessary, to ensure that approximately twenty-five percent (25%) of the total valid licenses are renewable each fiscal year.