§ 56-1-90 — Evidence required to obtain a driver's license or identification card.

(A) The Department of Motor Vehicles may require every applicant to submit acceptable evidence when applying for or renewing a driver's license, beginner's permit, or identification card that proves the applicants: (1) date of birth; (2) place of birth; (3) gender; (4) Social Security number; (5) principal residential address; (6) full legal name; (7) when applicable, legal name change; and (8) when applicable, authorized length of stay in the United States. An applicant may prove sufficiently the existence and validity of his Social Security number, for purposes of Section 14-7-130, by any document or electronic means considered reliable by the Department of Motor Vehicles, so long as that document or electronic mean does not conflict with other provisions of state or federal law. The numbers also may be obtained from the Department of Revenue pursuant to Section 12-54-240(B)(7), which permits the Department of Revenue to submit taxpayer Social Security numbers to the Department of Motor Vehicles and to the State Election Commission. This section does not prevent issuance of a driver's license or identification card to a foreign exchange student participating in a valid foreign exchange program. (B) The department may require applicants to submit acceptable documents in other circumstances if those documents are not already on file with the department. (C) In the case of a name change that occurred after the applicant's birth, an applicant must present documentation to the department to show name traceability, in addition to the items in subsection (A) if not already on file with the department: (1) a court order issued pursuant to Chapter 49, Title 15 or an equivalent court order issued by a foreign jurisdiction; (2) a marriage license issued pursuant to Chapter 1, Title 20 signed by the official that performed the wedding ceremony and signed by both parties to the marriage, or an equivalent marriage license issued by a foreign jurisdiction. An applicant only is entitled to use a marriage license one time per marriage to change his middle name, last name, or both with the department. A marriage license cannot be used to change an applicant's first name; (3) a change of name allowance following a divorce pursuant to Section 20-3-180 or an equivalent change of name document following a divorce issued by a foreign jurisdiction; or (4) an unexpired, United States Passport or Passport Card that includes the applicant's full legal name. If any one of the above documents does not show a link to the applicant's evidence of full legal name, the department may require the applicant to submit more than one document to show traceability from the applicant's original name to his current name. (D) If an applicant is applying for a permit, driver's license, or identification card that will be issued with a name other than what is presented to the department pursuant to subsection (A), the department may issue any driver's license or identification card in the applicant's preferred name if the applicant presents to the department at least three different documents, acceptable to the department, showing the applicant's full name with the preferred name being the one used for at least fifteen years. These three documents must be in addition to the documents prescribed in subsection (A), and must, at the department's discretion, show a reasonable link to the documents prescribed in subsection (A). (E) If an applicant is applying for a permit, driver's license, or identification card under the provisions of subsections (C) or (D), the applicant's social security number must be validated with the Social Security Administration using the applicant's preferred and full name presented to the department before the department may issue a driver's license, permit, or identification card to the applicant. (F) In the case of the social security number not validating, the department shall not issue any type of REAL ID permit, license, or identification card.

Legislative History

HISTORY: 1962 Code SECTION 46-158.1; 1974 (58) 2349; 1990 Act No. 451, SECTION 1; 1993 Act No. 181, SECTION 1996 Act No. 459, SECTION 71; 2017 Act No. 6 (H.3358), SECTION 3, eff April 5, 2017; 2022 Act No. 148 (H.4319), SECTION 1, eff May 11, 2022. Effect of Amendment 2017 Act No. 6, SECTION 3, in the first undesignated paragraph, in the second sentence, substituted "document considered reliable by the Department of Motor Vehicles" for "reasonably reliable document containing the Social Security number", in the third sentence, deleted "or U.S. military identification card", and made other nonsubstantive changes; and deleted the former undesignated second paragraph relating to affidavits for establishment of valid Social Security numbers for replacement licenses. 2022 Act No. 148, SECTION 1, rewrote the section.