39-06-03.1. Nondriver photo identification card issued by director - Release of
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information - Penalty - Public awareness.
1. The director shall issue a nondriver color photo identification card to any resident of
this state who fulfills the requirements of this section. An application for an
identification card must be made on a form furnished by the director. Within thirty days
from receipt of a complete application that includes the applicant's social security
number, unless the applicant is a nonimmigrant who is not eligible for a social security
number, the director shall determine whether to issue and, if appropriate, issue a
nondriver photo identification card to an applicant. The director may not withhold the
issuance of a nondriver color photo identification card without reasonable cause. If the
applicant is under the age of eighteen or at least the age of eighteen and under the
age of twenty-one, the photo must be against the same color background required on
a motor vehicle operator's license for an operator of that age. Subject to section
39-06-19, identification cards expire eight years from the date of issue and may be
renewed. The application must contain other information as the director may require to
improve identity security.
2. The director shall issue a nondriver color photo identification card to any resident who
at the time of application is not a citizen of the United States and who fulfills the
requirements of this section. The identification card must be designed in a manner to
clearly make the card distinguishable from a similar card issued to a citizen of the
United States and resident of this state. Upon the issuance of an identification card,
the department of transportation shall provide a written notice that indicates the
naturalized individual shall contact the department of transportation to update the
individual's citizenship status. The individual shall update the citizenship status within
forty-five days following naturalization. The director shall replace the card with a card
issued to a citizen of this country and resident of this state only when proof of United
States citizenship is provided by the individual and any applicable replacement fee
listed in section 39-06-49 is paid. For identification cards issued under this subsection
before August 1, 2023, the department of transportation shall provide by mail to each
cardholder a written notice that indicates within the forty-five days following
naturalization, the naturalized individual shall contact the department of transportation
to update the individual's citizenship status.
3. To confirm the identity, date of birth, and legal presence of the applicant, the director or
examining officer shall require satisfactory evidence be provided by the applicant.
Satisfactory evidence includes a certified copy of the applicant's birth certificate or
other evidence reasonably calculated to permit the determination of the date of birth,
identification, and legal presence of the applicant by the director or examining officer.
The director may require an applicant for an identification card to provide a social
security card and proof of residence address.
4. The application fee is listed in section 39-06-49. Except for a duplicate or replacement
card, the director may not charge a fee to provide a nondriver photo identification card
to an eligible applicant.
5. Any information obtained by the director from an applicant for the issuance, renewal,
or replacement of an identification card may not be released unless allowed under
section 39-16-03.
6. The director may advertise the availability and the use of the card.
7. Identification cards issued under this section are sufficient identification for all
identification purposes.