§ 12-301

(a) On application, the Administration shall issue an identification card to any applicant who:

(1) Is a resident of this State;

(2) Does not have a driver’s license;

(3) Presents a birth certificate or other proof of age and identity acceptable to the Administration;

(4) Provides satisfactory documentary evidence that the applicant has lawful status;

(5) (i) Provides satisfactory documentary evidence that the applicant has a valid Social Security number by presenting the applicant’s Social Security Administration account card or, if the Social Security Administration account card is not available, any of the following documents bearing the applicant’s Social Security number:

1. A current W–2 form;

2. A current SSA–1099 form;

3. A current non–SSA–1099 form; or

4. A current pay stub with the applicant’s name and Social Security number on it; or

(ii) Provides satisfactory documentary evidence that the applicant is not eligible for a Social Security number; and

(6) Presents a completed application for an identification card on a form furnished by the Administration.

(b) (1) Except as provided in paragraph (2) of this subsection, the Administration shall establish a fee for the issuance of an identification card and for issuance of a duplicate identification card.

(2) A fee is not required if the applicant for the card:

(i) Is 65 years old or older;

(ii) Is legally blind;

(iii) Has permanently lost the use of a leg or an arm;

(iv) Is permanently disabled so severely that the applicant cannot move without the aid of crutches or a wheelchair;

(v) Has a physical or mental impairment that substantially limits a “major life activity” as defined in the federal Americans with Disabilities Act;

(vi) Presents documentation showing that the applicant was released from a correctional facility within the prior 60 days;

(vii) Presents documentation showing that the applicant is a youth under the care of the Department of Juvenile Services;

(viii) Presents documentation showing that the applicant is a youth between 15 and 20 years of age, inclusive, who is a participant in a Department of Human Services program, as approved by the Administration;

(ix) Presents documentation showing that the applicant is currently homeless;

(x) Presents documentation showing that the applicant is currently under the care of the Maryland Department of Health; or

(xi) Presents documentation showing that the applicant is participating in another program administered by a State agency that requires the applicant to possess an identification card.

(c) A person may not commit any fraud in applying for an identification card issued under this section.

(d) A person may not commit any misrepresentation in applying for an identification card issued under this section.

(e) A person may not commit any fraud in using an identification card issued under this section.

(f) A person may not make any misrepresentation in using an identification card issued under this section.

(g) (1) An identification card shall be:

(i) Of the size and design that the Administration requires; and

(ii) Tamperproof, to the extent possible.

(2) The card shall contain:

(i) The name and address of the applicant;

(ii) The birth date of the applicant;

(iii) The sex of the applicant;

(iv) A description of the applicant;

(v) A color photograph of the applicant taken by the procedure that the Administration requires;

(vi) The expiration date of the identification card;

(vii) The signature of the applicant; and

(viii) The signature and seal of the issuing agent.

(h) An identification card may be used as legal identification of the individual to whom it is issued for any purpose.

(i) (1) Subject to paragraphs (2) through (4) of this subsection, an identification card issued to an applicant expires at the end of a period of not more than 8 years determined in regulations adopted by the Administration.

(2) Before the expiration of an identification card, if an individual does not possess all of the documents required for renewal, the Administration may extend the individual’s identification card for a period not to exceed 90 days.

(3) (i) If an applicant has temporary lawful status, the Administration may not issue an identification card to the applicant for a period that extends beyond the expiration date of the applicant’s authorized stay in the United States or, if there is no expiration date, for a period longer than 1 year.

(ii) Nothing contained in this paragraph may be construed to allow the issuance of an identification card for a period longer than the period described in paragraph (1) of this subsection.

(iii) The Administration shall indicate on the face and in the machine–readable zone of a temporary identification card issued under this paragraph that the card is a temporary identification card.

(4) (i) Notwithstanding any other provision of this section, the Administration may issue a temporary renewal for an identification card that extends the expiration date for a period not exceeding 2 years for an applicant who:

1. Has the documentation required by federal law, as enumerated in subsection (a)(4) and (5) of this section, on file with the Administration;

2. Has a photograph on file with the Administration that will not be 16 years old or older by the expiration date of the temporary renewal; and

3. Has an identification card that was issued for the full term under paragraph (1) of this subsection.

(ii) The Administration may make temporary renewal of an identification card available to:

1. An active service member or a spouse or dependent of the active service member;

2. A member of the Foreign Service of the United States or a spouse or dependent of the member;

3. A resident of the State who is a student studying outside the State;

4. A resident of the State who is temporarily residing outside the State for at least 6 months;

5. A resident of the State who holds an identification card that would have otherwise expired during a state of emergency declared by the Governor; or

6. Any other resident of the State who meets any requirements approved by the Administration.

(iii) The Administration shall adopt regulations to carry out this paragraph.

(5) An identification card may be renewed on application and payment of the fee required by this section.

(j) The identification card shall be surrendered by the holder upon being issued a Maryland driver’s license.

(k) The Administrator may issue an identification card to an applicant:

(1) Whose privilege to drive has been refused, canceled, suspended, or revoked; or

(2) Who has been issued a temporary license under § 16–205.1(b)(3)(iii) of this article.

(l) (1) The Administration may cancel an identification card issued under this section if the Administration determines that the holder of the identification card:

(i) Was not entitled to be issued the identification card;

(ii) Failed to provide accurate or required information in the application for the identification card;

(iii) Fraudulently applied for or obtained the identification card; or

(iv) Is otherwise in violation of subsection (c), (d), (e), or (f) of this section.

(2) If the Administration cancels an identification card under paragraph (1) of this subsection, the holder of the identification card immediately shall surrender the canceled identification card to the Administration.

(m) (1) A person convicted of a violation of subsection (c) or (d) of this section is subject to imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both.

(2) A person convicted of a violation of subsection (e) or (f) of this section is subject to imprisonment not exceeding 2 months or a fine not exceeding $500 or both.