CHAPTER 516

FORMERLY HOUSE BILL NO. 685

AS AMENDED BY HOUSE AMENDMENT NO.

1 AND SENATE AMENDMENT NO. 2

AN ACT TO AMEND TITLE 21, DELAWARE CODE, BY ADDING A NEW CHAPTER 28 THERETO RELATING TO THE ISSUANCE OF NON-DRIVER IDENTIFICATION CARDS BY THE DIVISION OF MOTOR VEHICLE OF THE DEPARTMENT OF PUBLIC SAFETY.

WHEREAS, a motor vehicle operator's license has been valuable in supplying identification of persons in activities wholly unrelated to the operation of a motor vehicle; and

WHEREAS, many persons are denied the privilege of having such an identification card because they are not licensed to operate a motor vehicle; and

WHEREAS, the General Assembly is desirous of having a means of identification available to persons desiring it; and

WHEREAS, this could be more efficiently accomplished through the existing facilities of the Division of Motor Vehicles.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Title 21, Delaware Code, by adding a new Chapter thereto to be designated as Chapter 28 to read as follows:

CHAPTER 28. NON-DRIVER IDENTIFICATION CARDS

§ 2801. Identification cards

Every person over the age of 18 years residing, in the State of Delaware who desires to obtain an identification card shall apply to the Division of Motor Vehicles.

§ 2802. Application

(a) Every application for an identification card shall be made on an application form furnished by the Division. The original application shall be verified by the applicant before a person authorized to administer oaths.

(b) Every application shall state the name, date of birth, sex and residence address of the applicant and whether or not the applicant is licensed by the State of Delaware to operate a motor vehicle.

§ 2803. Issuance; fee; qualifications

(a) Upon receipt of the application and a fee of $3.00 the Division shall issue an identification card which shall expire and be renewable on the fourth anniversary date of the birth of the applicant next following the date of its issuance unless the birth date be February 29, and in that event the identification card will expire on February 28 every fourth year.

(b) On or near the date of expiration of an identification card, each holder of such a card desiring renewal of such card shall appear at a Division of Motor Vehicles Office in the county in which he resides and be photographed by the Department of Public Safety.

(c) No identification card shall be issued pursuant to subsection (a) of this section to any:

(I) Person under the age of 18 years.

(2) Nonresident of the State of Delaware

§ 2804. Identification cards, contents

(a) Every identification card shall bear thereon a distinguishing number assigned to the holder and shall contain the name, date of birth, address, a photograph of the holder taken by the Department of Public Safety and a brief description of the holder for the purpose of identification.

(b) Every identification card shall bear thereon in

conspicuous print the words: "THIS IS NOT A DRIVER'S LICENSE."

§ 2805. Duplicate card, issuance

(a) In the event that any identification card issued under the provisions of this chapter is lost or destroyed, the person to whom it was issued may apply to the Division for the issuance of a duplicate or substitute identification card upon executing such forms as may be required by the Division and upon furnishing proof satisfactory to the Division that such identification card has been lost or destroyed.

(b) Upon receipt of the application and a fee of $3.00, the Division shall issue a duplicate identification card.

§ 2806. Signature

Every holder of an identification card shall write his usual signature with pen and ink in the spaces provided for that purpose on the card and such card shall not be valid until the card is so signed.

§ 2807. Violations

No person shall in connection with identification cards authorized by this chapter:

(1) Lend to, or knowingly permit the use of any identification card issued to the person so lending or permitting the use thereof;

(2) Display or represent as one's own, any identification card not issued to the person so displaying the identification card;

(3) Use a false or fictitious name or give a false or fictitious address in any application for an identification card, or any renewal or duplicate thereof, or knowingly make a false statement or knowingly conceal a material fact or otherwise commit a fraud in any such application for an identification card.

§ 2808. False statements

Whoever makes any false affidavit or knowingly swears or

affirms falsely, to any matter or thing required by the terms of this chapter to be sworn to or affirmed, is guilty of perjury and shall be fined or imprisoned as are other persons committing perjury.

§ 2809. Penalties

(a) Whoever violates any provisions of this chapter shall, for the first offense, be fined not less than $10.00 nor more than $100, or imprisoned not less than 5 nor more than 30 days or both. For each subsequent like offense, he shall be fined not less than $25.00 nor more than $200.00, or imprisoned not less than 10 nor more than 60 days or both. Justices of the Peace shall have jurisdiction over violations of this chapter.

(b) This section shall not apply to violations defined as perjury under § 2808.

Section 2. The provisions of Section 1 of this Act shall become effective 60 days from the date of its final passage.

Approved July 11, 1972.