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The 191st General Court of the Commonwealth of Massachusetts

Section 8E: Identification cards for persons not possessing motor vehicle licenses; application; REAL ID–compliance; fee; organ donor status; provision of donor information to eye and tissue banks; expiration

Section 8E. A person 14 years of age or older who does not have a valid license to operate a motor vehicle may make application to the registrar for an identification card to be issued under this section. Only a resident of the commonwealth shall be eligible to apply for an identification card issued by the registrar. The registrar shall establish by regulation criteria for identification cards.

Each applicant shall be asked in writing whether he wishes to become an organ or tissue donor in the application. The registrar shall provide to federally designated organ procurement organizations and other federally registered nonprofit eye and tissue banks serving the commonwealth access to names, dates of birth and other pertinent information of such identification holders in the same manner as provided for licensed drivers under section 8D.

An identification card or any renewal thereof issued under this section shall be valid from the date of issue and shall expire on a date to be determined by the registrar which shall not be more than 60 months from the date of issue; provided, however, that the registrar may authorize a 1–year extension of the period of identification card validity for an applicant who has undergone medical treatment for an illness resulting in temporary changes to the physical characteristics of the applicant that would be apparent in an image captured by the registrar, as authorized by this section and section 8. For the purposes of this section, an identification card issued to an operator born on February 29 shall expire on March 1.

Applications for identification cards shall be in such form as may be prescribed by the registrar and shall be signed by the applicant under oath. The photograph or facial image of the applicant required to be made a part of any identification card issued pursuant to this section shall be retained with the application for the period required by regulations of the registrar even if an identification card is not issued.

The registrar shall issue more than 1 type of identification card in such form and type as may be prescribed by the registrar. The registrar shall issue 1 type of identification card that is compliant with the REAL ID Act. An applicant for an identification card shall provide documentation acceptable to the registrar. REAL ID–compliant identification cards shall be suitable for federal identification purposes and shall be so marked. The registrar shall also issue a Massachusetts identification card to an applicant who provides documentation acceptable to the registrar. A Massachusetts identification card shall not be used for federal identification purposes and shall be so marked. United States citizens or other applicants who provide proof of lawful presence may elect to apply for either a REAL ID–compliant identification card or a Massachusetts identification card.

The registrar may issue a REAL ID–compliant identification card or a Massachusetts identification card for a term of less than 60 months but not less than 12 months. No identification card of any type may be issued under this section to a person whose lawful presence is for less than 12 months from the date of application for the identification card. The registrar may issue an identification card for a term of less than 60 months to a resident of the commonwealth whose lawful presence is authorized for a period of at least 12 months; provided, however, that the expiration date of the identification card shall be coterminous with the expiration date of the applicant's authorized stay in the United States as evidenced by acceptable documents or information provided to the registrar. If the applicant's lawful presence is authorized for at least 12 months but lacks acceptable evidence of a specific date by which such stay in the United States shall be terminated, the identification card issued shall expire not later than 12 months from the date of issue. No identification card of less than 60 months in duration shall be renewed for any period unless the card holder provides documentation satisfactory to the registrar that the card holder is authorized to remain in the United States. Any such identification card shall have an expiration date coterminous with the expiration date of the authorized stay. An identification card issued for a duration of less than 60 months shall be marked as temporary.

An identification card shall include the word ''Veteran'' upon presentation of sufficient evidence, as determined by the registrar, that a person is a veteran as defined in clause Forty-third of section 7 of chapter 4. A fee for a card that includes the word ''Veteran'' shall be equal to or less than the fee required for a card without such designation.

Any fees associated with applying for an amended identification for the purpose of obtaining a veteran's indicator shall be equal to or less than the fee required for an identification without such designation and may be waived for any veteran over the age of 70.

An applicant for the renewal of an identification card, who is required to have a new photograph appear on the card upon renewal, may be granted a 1–year extension of the use of the applicant's current card photograph if the applicant presents documentation by a licensed physician that the applicant has undergone medical treatment for an illness resulting in temporary changes to the physical characteristics of the applicant that would be apparent in an image captured by the registrar; provided, however, that the applicant shall obtain a new photograph within 1 year of the extension.