North Carolina § 20-37 - 7. Special identification card.

§ 20-37. 7. Special identification card.

Eligibility. - A person who is a resident of this State is eligible for a special identification card. Application. - To obtain a special identification card from the Division, a person must complete the application form used to obtain a drivers license. Search National Sex Offender Public Registry. - The Division shall not issue a special identification card to an applicant who has resided in this State for less than 12 months until the Division has searched the National Sex Offender Public Registry to determine if the person is currently registered as a sex offender in another state. The following applies in this subsection: If the Division finds that the person is currently registered as a sex offender in another state, the Division shall not issue a special identification card to the person until the person submits proof of registration pursuant to Article 27A of Chapter 14 of the General Statutes issued by the sheriff of the county where the person resides. If the person does not appear on the National Sex Offender Public Registry, the Division shall issue a special identification card but shall require the person to sign an affidavit acknowledging that the person has been notified that if the person is a sex offender, then the person is required to register pursuant to Article 27A of Chapter 14 of the General Statutes. If the Division is unable to access all states' information contained in the National Sex Offender Public Registry, but the person is otherwise qualified to obtain a special identification card, then the Division shall issue the card but shall first require the person to sign an affidavit stating that: (i) the person does not appear on the National Sex Offender Public Registry and (ii) acknowledging that the person has been notified that if the person is a sex offender, then the person is required to register pursuant to Article 27A of Chapter 14 of the General Statutes. The Division shall search the National Sex Offender Public Registry for the person within a reasonable time after access to the Registry is restored. If the person does appear in the National Sex Offender Public Registry, the person is in violation of G.S. 20-37.8, and the Division shall promptly notify the sheriff of the county where the person resides of the offense. Any person denied a special identification card by the Division pursuant to this subsection has a right to file a petition within 30 days thereafter for a hearing in the matter in the superior court of the county where the person resides, or to petition the resident judge of the district or judge holding the court of that district, or special or emergency judge holding a court in the district, and the court or judge is hereby vested with jurisdiction. The court or judge shall set the matter for hearing upon 30 days' written notice to the Division. At the hearing, the court or judge shall take testimony and examine the facts of the case and shall determine whether the petitioner is entitled to a special identification card under this subsection and whether the petitioner is in violation of G.S. 20-37.8. Format. - A special identification card shall include a color photograph of the special identification card holder and shall be similar in size, shape, and design to a drivers license, but shall clearly state that it does not entitle the person to whom it is issued to operate a motor vehicle. A special identification card issued to an applicant must have the same background color that a drivers license issued to the applicant would have. Expiration and Fee. - A special identification card issued to a person for the first time under this section expires when a drivers license issued on the same day to that person would expire. A special identification card renewed under this section expires when a drivers license renewed by the card holder on the same day would expire. The Division shall offer renewal of a special identification card in person and online on the Division's Web site. The applicant is legally blind. The applicant is at least 17 years old. The applicant has been issued a drivers license but the drivers license is cancelled under G.S. 20-15, in accordance with G.S. 20-9(e) and (g), as a result of a physical or mental disability or disease. The applicant is homeless. To obtain a special identification card without paying a fee, a homeless person must present a letter to the Division from the director of a facility that provides care or shelter to homeless persons verifying that the person is homeless. , (6) Repealed by Session Laws 2018-144, s. 1.3(a), effective December 19, 2018. For a person who has a physician's letter certifying that a severe disability causes the person to be homebound, the Division shall adopt rules allowing for application for or renewal of a special photo identification card under this section by means other than a personal appearance. Notwithstanding subsection (b) of this section, for a person whose valid drivers license, permit, or endorsement, is required to be seized or surrendered due to cancellation, disqualification, suspension, or revocation under applicable State law, the Division shall issue a special identification card to that person without application, if eligible to receive a special identification card, upon receipt by the Division of the seized or surrendered document. The Division shall issue and mail, via first-class mail to that person's address on file, a special identification card pursuant to this subsection at no charge. Offense. - Any fraud or misrepresentation in the application for or use of a special identification card issued under this section is a Class 2 misdemeanor. Records. - The Division shall maintain a record of all recipients of a special identification card. No State Liability. - The fact of issuance of a special identification card pursuant to this section shall not place upon the State of North Carolina or any agency thereof any liability for the misuse thereof and the acceptance thereof as valid identification is a matter left entirely to the discretion of any person to whom such card is presented. Advertising. - The Division may utilize the various communications media throughout the State to inform North Carolina residents of the provisions of this section. The fee for a special identification card is the same as the fee set in G.S. 20-14 for a duplicate license. The fee does not apply to a special identification card issued to a resident of this State as follows: (7) The applicant has a developmental disability. To obtain a special identification card without paying a fee pursuant to this subdivision, an applicant must present a letter from his or her primary care provider certifying that the applicant has a developmental disability. For purposes of this subdivision, the term "developmental disability" has the same meaning as in G.S. 122C-3 . History (1973, c. 438, s. 1; 1975, c. 716, s. 5; 1979, c. 469, c. 667, s. 30; 1981, c. 673, ss. 1, 2; c. 690, s. 12; 1981 (Reg. Sess., 1982), c. 1257, s. 3; 1983, c. 443, s. 2; 1983 (Reg. Sess., 1984), c. 1062, s. 7; 1985, c. 141, s. 5; 1991, c. 689, s. 328; 1993, c. 368, s. 3; c. 490, ss. 1, 2; c. 539, s. 325; c. 553, s. 77; 1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 750, s. 2; 2006-247, s. 19(d); 2009-493, s. 3; 2013-233, ss. 1, 2; 2013-381, s. 3.1; 2016-80, s. 1; 2017-6, s. 3; 2018-142, s. 3(b); 2018-144, s. 1.3(a); 2020-17, s. 9.) Recodification; Technical and Conforming Changes. - Session Laws 2017-6, s. 3, provides, in part: "The Revisor of Statutes shall recodify Chapter 138A of the General Statutes, Chapter 120C of the General Statutes, as well as Chapter 163 of the General Statutes, as amended by this act, into a new Chapter 163 A of the General Statutes to be entitled 'Elections and Ethics Enforcement Act,' as enacted by Section 4 of this act. The Revisor may also recodify into the new Chapter 163A of the General Statutes other existing statutory laws relating to elections and ethics enforcement that are located elsewhere in the General Statutes as the Revisor deems appropriate." The Revisor was further authorized to make additional technical and conforming changes to catchlines, internal citations, and other references throughout the General Statutes to effectuate this recodification. Pursuant to this authority, the Revisor of Statutes substituted "163A-1145" for "163-166.13" and "163A-1389(13)" for "163-275(13)" in subdivisions (d)(5) and (6); and substituted "163A-883" for "163-82.19" in subdivision (d)(6). Subdivisions (d)(5) and (6) were repealed by Session Laws 2018-144, s. 1.3(a), effective December 19, 2018. Editor's Note. - Session Laws 1985, c. 141, s. 6 provides that the amendment thereby is effective September 1, 1986. Section 6 further provides that if the Congress of the United States repeals the mandate established by the Surface Transportation Assistance Act of 1982 relating to National Uniform Drinking Age of 21 as found in Section 6 of Public Law 98-363, or a court of competent jurisdiction declares the provision to be unconstitutional or otherwise invalid, then ss. 1, 2, 2.1, 4 and 5 of the act shall expire upon the certification of the Secretary of State that the federal mandate has been repealed or has been invalidated, and the statutes amended by ss. 1, 2, 2.1, 4 and 5 shall revert to the form they would have without the amendments made by these sections. Session Laws 2013-233, s. 1, was codified as subsection (d1) of this section at the direction of the Revisor of Statutes. Session Laws 2013-381, s. 6.2(6), provides: "At any primary and election between May 1, 2014, and January 1, 2016, any registered voter may present that voter's photo identification to the elections officials at the voting place but may not be required to do so. At each primary and election between May 1, 2014, and January 1, 2016, each voter presenting in person shall be notified that photo identification will be needed to vote beginning in 2016 and be asked if that voter has one of the forms of photo identification appropriate for voting. If that voter indicates he or she does not have one or more of the types of photo identification appropriate for voting, that voter shall be asked to sign an acknowledgment of the photo identification requirement and be given a list of types of photo identification appropriate for voting and information on how to obtain those types of photo identification. The list of names of those voters who signed an acknowledgment is a public record." Session Laws 2013-381, s. 60.1, is a severability clause. Session Laws 2016-80, s. 2, made subdivision (d)(7), as added by Session Laws 2016-80, s. 1, applicable to special identification cards issued on or after October 1, 2016. Session Laws 2018-134, 3rd Ex. Sess., s. 1.1, provides: "This act shall be known as 'The Hurricane Florence Emergency Response Act.'" Session Laws 2018-134, 3rd Ex. Sess., s. 5.5(a)-(c), provides: "(a) Notwithstanding G.S. 20-14 , 20-37.7, 20-85, and 20-88.03, the Governor may waive any fees assessed by the Division of Motor Vehicles under those sections for the following: "(1) A duplicate drivers license, duplicate commercial drivers license, or duplicate special identification card. "(2) A special identification card issued to a person for the first time. "(3) An application for a duplicate or corrected certificate of title. "(4) A replacement registration plate. "(5) An application for a duplicate registration card. "(6) Late payment of a motor vehicle registration renewal fee. "(b) The waiver authorized under subsection (a) of this section only applies to residents of counties impacted by Hurricane Florence, as determined by the Governor. A resident is allowed a refund of any fee assessed and collected by the Division of Motor Vehicles and waived pursuant to this section. The Division shall post notice of the availability of a refund on its Web site. "(c) This section is effective when it becomes law and applies to fees assessed or collected on or after September 13, 2018. This section expires December 31, 2018." Session Laws 2018-144, s. 1.3(b), provides: "The issuance of special identification cards without application for any person whose valid drivers license, permit, or endorsement is received by the Division upon seizure or surrender, as required by G.S. 20-37.7(d2) , as enacted by this act, shall begin no later than May 1, 2019." Session Laws 2019-4 provides in its preamble: "Whereas, in November 2018, the voters of North Carolina approved a constitutional amendment requiring every voter offering to vote in person to present photographic identification before voting; and "Whereas, the approved constitutional amendment became effective upon certification of the November 6, 2018, election results; and "Whereas, the General Assembly of North Carolina enacted S.L. 2018-144 in December 2018, setting forth the general laws governing the requirements of photographic identification for voting in person and the exceptions thereto, and setting forth a time line of implementation for the 2019 elections and thereafter; and "Whereas, S.L. 2018-144 also contained reforms to the process of absentee voting by mail and those reforms require rule making and other implementation efforts from the State Board of Elections; and "Whereas, in February 2019, the need for a special congressional election to fill a vacancy in the United States House of Representatives has arisen due to unforeseen circumstances, and the Governor has determined a schedule for such special election; and "Whereas, in March 2019, the State Board of Elections issued an order to conduct a new election in a separate United States House of Representatives district and has determined a schedule for such new election; and "Whereas, the schedule of the two additional elections generates concerns about the ability of the county boards of election and the State Board of Elections to ensure uniformity in the requirement to present photographic identification before voting in person; and "Whereas, the absentee voting by mail reforms in S.L. 2018-144 require rule making and other administrative procedures on the part of the State Board of Elections which will not be completed prior to the two additional 2019 congressional elections; and "Whereas, the State Board of Elections needs legislative clarity regarding absentee voting by mail in order to conduct the two additional 2019 congressional elections in an orderly fashion; Now, therefore," Session Laws 2019-4, s. 1(a), provides: "S.L. 2018 144 shall not apply to any election held in 2019 for which the filing period opens prior to the date set forth in Section 1.5(a)(8) of S.L. 2018 144." Session Laws 2019-4, s. 1(b), provides: "Notwithstanding Section 1(a) of this act, all implementation and educational efforts set forth in S.L. 2018-144 during 2019 by the State and counties shall continue." Session Laws 2020-3, s. 4.7(a)-(h), as amended by Session Laws 2020-97, ss. 3.15(a), 3.16(a), provides: "(a) Definition. - For purposes of this section, 'credential' means any of the following issued by the Division of Motor Vehicles: "(1) Drivers license. "(2) Learner's permit. "(3) Limited learner's permit. "(4) Limited provisional license. "(5) Full provisional license. "(6) Commercial drivers license. "(7) Commercial learner's permit. "(8) Temporary driving certificate. "(9) Special identification card. "(10) Handicapped placard. "(11) Vehicle registration. "(12) Temporary vehicle registration. "(13) Dealer license plate. "(14) Transporter plate. "(15) Loaner/Dealer 'LD' plate. "(16) Vehicle inspection authorization. "(17) Inspection station license. "(18) Inspection mechanic license. "(19) Transportation network company permit. "(20) Motor vehicle dealer license. "(21) Sales representative license. "(22) Manufacturer license. "(23) Distributor license. "(24) Wholesaler license. "(25) Driver training school license. "(26) Driver training school instructor license. "(27) Professional housemoving license. "(b) Extend Validity of Credentials. - Notwithstanding renewal, duration, or expiration provisions of G.S. 20-7 , 20-11, 20-37.6, 20-37.7, 20-37.13, 20-50, 20-66, 20-79, 20-79.02, 20-79.2, 20-183.4B, 20-183.4D, 20-280.3, 20-288, 20-324, and 20-359, or any other provision of law to the contrary, the Division of Motor Vehicles shall extend for a period of five months the validity of any credential that expires on or after March 1, 2020, and before August 1, 2020. The Division shall extend for a period of five months the validity of any credential listed in subdivisions (6), (7), (9), (10), and (18) of subsection (a) of this section that expires on or after March 1, 2020, and before the date 30 days after the date the Governor (i) rescinds Executive Order No. 116 or (ii) issues another executive order lifting restrictions on Division of Motor Vehicles functions. Notwithstanding G.S. 20-37.13 (h) and G.S. 20-37.13 A(a), the Division of Motor Vehicles is authorized to waive the requirement that commercial drivers license and commercial learner's permit holders have a medical examination and certification, as required by federal law, consistent with any waiver of medical qualifications standards issued by the Federal Motor Carrier Safety Administration. A credential extended under this section shall expire five months from the date it otherwise expires as prescribed by law prior to this section. However, the subsequent expiration of a credential extended under this section shall occur on the date prescribed by law prior to this section without regard to the extension. The Division shall notify individuals affected by an extension granted under this section, including information on new expiration dates and how the extension affects subsequent renewal and expiration dates. "(b1) Extension of Intrastate Medical Waivers. - Notwithstanding the limitation on duration of waivers in G.S. 20-37.13 A(b), the Division of Motor Vehicles may extend for up to five months the validity of a medical waiver issued by the Division under G.S. 20-37.13 A if the waiver expires on or after March 1, 2020, and before the date 30 days after the date the Governor (i) rescinds Executive Order No. 116 or (ii) issues another executive order lifting restrictions on Division of Motor Vehicles functions, and the Division's Medical Review Unit determines the extension is appropriate. "(c) Driving Eligibility Certificates. - Notwithstanding G.S. 20-11 (n)(3), a driving eligibility certificate dated on or after February 9, 2020, and before March 10, 2020, remains valid and may be accepted by the Division of Motor Vehicles to meet the requirements for a license or permit issued under G.S. 20-11 until 30 days after the date the Governor rescinds Executive Order No. 116 or the date the Division reopens all drivers license offices, whichever is earlier. "(d) Waive Penalties. - Notwithstanding any provision of law to the contrary, the Division shall waive any fines, fees, or penalties associated with failing to renew a credential during the period of time the credential is valid by extension under subsection (b) of this section. "(e) Motor Vehicle Taxes. - Notwithstanding any provision of law to the contrary, due dates for motor vehicle taxes that are tied to registration expiration under Article 22A of Chapter 105 of the General Statutes shall be extended to correspond with extended expiration dates under subsection (b) of this section. "(f) Validity by Extension a Defense. - A person may not be convicted or found responsible for any offense resulting from failure to renew a credential issued by the Division if, when tried for that offense, the person shows that the offense occurred during the period of time the credential is valid by extension under subsection (b) of this section. "(g) Report. - Within 30 days of the extensions made under subsection (b) of this section, the Division shall submit a report to the Joint Legislative Transportation Oversight Committee and the Fiscal Research Division detailing implementation of this section. "(h) Effective Date. - This section is effective retroactively to March 1, 2020, and applies to expirations occurring on or after that date." Session Laws 2020-3, s. 5, is a severability clause. Session Laws 2020-97, s. 4.5, is a severability clause. Effect of Amendments. - Session Laws 2006-247, s. 19(d), effective December 1, 2006, and applicable to all applications for a drivers license, learner's permit, instruction permit, or special identificaton card submitted on or after that date, added subsection (b1). Session Laws 2009-493, s. 3, effective August 26, 2009, added "or who has been issued a drivers license but the drivers license is cancelled under G.S. 20-15 , in accordance with G.S. 20-9(e) and (g), as a result of a physical or mental disability or disease" at the end of the second sentence in the second paragraph of subsection (d). Session Laws 2013-233, ss. 1 and 2, effective July 1, 2014, added "including a color photograph of the special identification card holder and" in subsection (c); and added subsection (d1). Session Laws 2013-381, s. 3.1, effective January 1, 2014, in subsection (d) inserted "as follows" at the end of the second paragraph and inserted the subdivision (d)(1) through (4) designations; in subdivision (d)(1), substituted "The applicant" for "who"; in subdivision (d)(2), inserted "The applicant"; in subdivision (d)(3), inserted the first sentence; and added subdivisions (d)(5) and (d)(6). Session Laws 2016-80, s. 1, effective October 1, 2016, added subdivision (d)(7). See editor's note for applicability. Session Laws 2018-142, s. 3(b), effective December 14, 2018, in subsection (b1), added "The following applies in this subsection:" at the end; rewrote subdivision (b1)(4); in subsection (c), inserted "shall" preceding "be similar in size"; and in subdivision (d)(3), deleted "or who" following "applicant." Session Laws 2018-144, s. 1.3(a), effective December 19, 2018, in subdivision (d)(2), substituted "17 years old" for "70 years old" following "at least"; deleted subdivisions (d)(5) and (d)(6); and added subsection (d2). Session Laws 2020-17, s. 9, effective June 12, 2020, added the last sentence in the first paragraph of subsection (d).