February 8, 2008

Driver’s Licenses and Identification Cards
On January 11^th, the Department of Homeland Security (DHS) issued the long-awaited final regulations for implementation of the Real ID Act of 2005.  This is the seventh brief in a series summarizing the rules and processes for renewing and reissuing Real ID driver’s licenses (DL) and identification cards (ID). It relates to sections of Subpart B of the regulations.  Brief 8 will focus on state security plans and reporting requirements.  The final regulations, prior briefs, and other resources on Real ID are available at http://www.ncsl.org/realid/.

Renewal and Reissuance of Real ID Compliant Cards
The regulations define a “reissued card” as a card that a state DMV issues to replace a card that has been lost, stolen, or damaged or that contains outdated information.  A “renewed card” is a DL or ID that a state issues to replace a renewable DL or ID, presumably on or around the date of expiration.

The Real ID Act limits the period of validity of all Real ID DL/ID cards that are not temporary to a period not to exceed eight years.  While states can have validity periods of less than eight years, an individual must apply for a renewal in person at a DMV office at least every 16 years.  At least every 16 years, the DL/ID photograph must be updated, the applicant's Social Security number and lawful status must be reverified, and the state must electronically verify any other information that it was not previously able to verify (due to system unavailability or for other reasons).

For renewals between the initial issuance of a Real ID and that occurring in the 16^th year, states may establish procedures to permit remote (or "non-in-person") renewals.  Social Security numbers and lawful presence must be reverified and there can be no "material change" in any of the personally identifiable information (see Brief #2).  A change in address of principal residence, however, does not constitute a "material change."

Renewal and Reissuance of Temporary Cards
States must verify lawful status via the Systematic Alien Verification for Entitlements system (SAVE) or another method approved by DHS before renewing or reissuing temporary or time-limited Real ID DL/ID. (see Brief #2)

Renewal and Reissuance of Non-Compliant Cards
The renewal process of non-Real ID compliant DL/ID cards is not subject to the regulation.

For more information contact NCSL staff Jeremy Meadows (Jeremy.Meadows@ncsl.org, 202-624-8664) or Garner Girthoffer (Garner.Girthoffer@ncsl.org, 202-624-7753).