§ 20-37.7. Special identification card.
Article 2B.
Special IdentificationCards for Nonoperators.
§ 20‑37.7. Specialidentification card.
(a) Eligibility. Aperson who is a resident of this State is eligible for a special identificationcard.
(b) Application. Toobtain a special identification card from the Division, a person must completethe application form used to obtain a drivers license.
(b1) Search National SexOffender Public Registry. The Division shall not issue a specialidentification card to an applicant who has resided in this State for less than12 months until the Division has searched the National Sex Offender PublicRegistry to determine if the person is currently registered as a sex offenderin another state.
(1) If the Divisionfinds that the person is currently registered as a sex offender in anotherstate, the Division shall not issue a special identification card to the personuntil the person submits proof of registration pursuant to Article 27A ofChapter 14 of the General Statutes issued by the sheriff of the county wherethe person resides.
(2) If the person doesnot appear on the National Sex Offender Public Registry, the Division shallissue a special identification card but shall require the person to sign anaffidavit acknowledging that the person has been notified that if the person isa sex offender, then the person is required to register pursuant to Article 27Aof Chapter 14 of the General Statutes.
(3) If the Division isunable to access all states' information contained in the National Sex OffenderPublic Registry, but the person is otherwise qualified to obtain a specialidentification card, then the Division shall issue the card but shall firstrequire the person to sign an affidavit stating that: (i) the person does notappear on the National Sex Offender Public Registry and (ii) acknowledging thatthe person has been notified that if the person is a sex offender, then theperson is required to register pursuant to Article 27A of Chapter 14 of theGeneral Statutes. The Division shall search the National Sex Offender PublicRegistry for the person within a reasonable time after access to the Registryis restored. If the person does appear in the National Sex Offender PublicRegistry, the person is in violation of G.S. 20‑37.8, and the Divisionshall promptly notify the sheriff of the county where the person resides of theoffense.
(4) Any person denied aspecial identification card by the Division pursuant to this subsection shallhave a right to file a petition within 30 days thereafter for a hearing in thematter in the superior court of the county wherein such person shall reside, orto the resident judge of the district or judge holding the court of thatdistrict, or special or emergency judge holding a court in such district, andsuch court or judge is hereby vested with jurisdiction, and it shall be its orhis duty to set the matter for hearing upon 30 days' written notice to theDivision, and thereupon to take testimony and examine into the facts of thecase and to determine whether the petitioner is entitled to a specialidentification card under the provisions of this subsection and whether thepetitioner is in violation of G.S. 20‑37.8.
(c) Format. A specialidentification card shall be similar in size, shape, and design to a driverslicense, but shall clearly state that it does not entitle the person to whom itis issued to operate a motor vehicle. A special identification card issued toan applicant must have the same background color that a drivers license issuedto the applicant would have.
(d) Expiration and Fee. A special identification card issued to a person for the first time underthis section expires when a drivers license issued on the same day to thatperson would expire. A special identification card renewed under this sectionexpires when a drivers license renewed by the card holder on the same day wouldexpire.
The fee for a specialidentification card is the same as the fee set in G.S. 20‑14 for aduplicate license. The fee does not apply to a special identification cardissued to a resident of this State who is legally blind, is at least 70 yearsold, is homeless, or who has been issued a drivers license but the driverslicense 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. To obtain aspecial identification card without paying a fee, a homeless person mustpresent a letter to the Division from the director of a facility that providescare or shelter to homeless persons verifying that the person is homeless.
(e) Offense. Anyfraud or misrepresentation in the application for or use of a specialidentification card issued under this section is a Class 2 misdemeanor.
(f) Records. TheDivision shall maintain a record of all recipients of a special identificationcard.
(g) No State Liability. The fact of issuance of a special identification card pursuant to thissection shall not place upon the State of North Carolina or any agency thereofany liability for the misuse thereof and the acceptance thereof as valididentification is a matter left entirely to the discretion of any person towhom such card is presented.
(h) Advertising. TheDivision may utilize the various communications media throughout the State toinform North Carolina residents of the provisions of this section. (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.)