Vermont Statutes Title 23 Sec. 115
Terms Used In Vermont Statutes Title 23 Sec. 115
- Commissioner: shall mean in this title only the Commissioner of Motor Vehicles. See
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Operator: shall include all persons 18 years of age or over properly licensed to operate motor vehicles. See
- Person: includes any natural person, corporation, association, co-partnership, company, firm, or other aggregation of individuals. See
- Resident: as used in this title only, means any person living in the State who intends to make the State his or her principal place of domicile either permanently or for an indefinite number of years. See
§ 115. Nondriver identification cards
[Subsection (a) effective until January 1, 2024; see also subsection (a) effective January 1, 2024 set out below.]
(a) Any Vermont resident may make application to the Commissioner and be issued an identification card that is attested by the Commissioner as to true name, correct age, residential address unless the listing of another address is requested by the applicant or is otherwise authorized by law, and any other identifying data as the Commissioner may require that shall include, in the case of minor applicants, the written consent of the applicant’s parent, guardian, or other person standing in loco parentis. Every application for an identification card shall be signed by the applicant and shall contain such evidence of age and identity as the Commissioner may require, consistent with subsection (l) of this section. New and renewal application forms shall include a space for the applicant to request that a “veteran” designation be placed on the applicant’s identification card. If a veteran, as defined in 38 U.S.C. § 101(2), requests a veteran designation and provides a Department of Defense Form 214 or other proof of veteran status specified by the Commissioner, and the Office of Veterans Affairs confirms the veteran’s status as an honorably discharged veteran or a veteran discharged under honorable conditions, the identification card shall include the term “veteran” on its face. The Commissioner shall require payment of a fee of $24.00 at the time application for an identification card is made, except that an initial nondriver identification card shall be issued at no charge to an individual who surrenders his or her license in connection with a suspension or revocation under subsection 636(b) of this title due to a physical or mental condition.
[Subsection (a) effective January 1, 2024; see also subsection (a) effective until January 1, 2024 set out above.]
(a) Any Vermont resident may make application to the Commissioner and be issued an identification card that is attested by the Commissioner as to true name, correct age, residential address unless the listing of another address is requested by the applicant or is otherwise authorized by law, and any other identifying data as the Commissioner may require that shall include, in the case of minor applicants, the written consent of the applicant’s parent, guardian, or other person standing in loco parentis. Every application for an identification card shall be signed by the applicant and shall contain such evidence of age and identity as the Commissioner may require, consistent with subsection (l) of this section. New and renewal application forms shall include a space for the applicant to request that a “veteran” designation be placed on the applicant’s identification card. If a veteran, as defined in 38 U.S.C. § 101(2), requests a veteran designation and provides a Department of Defense Form 214 or other proof of veteran status specified by the Commissioner, and the Office of Veterans Affairs confirms the veteran’s status as an honorably discharged veteran or a veteran discharged under honorable conditions, the identification card shall include the term “veteran” on its face. The Commissioner shall require payment of a fee of $29.00 at the time application for an identification card is made, except that an initial nondriver identification card shall be issued at no charge to an individual who surrenders the individual’s license in connection with a suspension or revocation under subsection 636(b) of this title due to a physical or mental condition.
[Subsection (b) effective until January 1, 2024; see also subsection (b) effective January 1, 2024 set out below.]
(b) Every identification card shall expire, unless earlier canceled, at 12:00 midnight on the eve of the fourth anniversary of the date of birth of the cardholder following the date of original issue, and may be renewed every four years upon payment of a $24.00 fee. A renewed identification card shall expire, unless earlier canceled, at 12:00 midnight on the eve of the fourth anniversary of the date of birth of the cardholder following the expiration of the card being renewed. At least 30 days before an identification card will expire, the Commissioner shall mail first-class to the cardholder or send the cardholder electronically an application to renew the identification card; a cardholder shall be sent the renewal notice by mail unless the cardholder opts in to receive electronic notification. An individual born on February 29 shall, for the purposes of this section, be considered as born on March 1.
[Subsection (b) effective January 1, 2024; see also subsection (b) effective until January 1, 2024 set out above.]
(b) Every identification card shall expire, unless earlier canceled, at 12:00 midnight on the eve of the fourth anniversary of the date of birth of the cardholder following the date of original issue and may be renewed every four years upon payment of a $29.00 fee. A renewed identification card shall expire, unless earlier canceled, at 12:00 midnight on the eve of the fourth anniversary of the date of birth of the cardholder following the expiration of the card being renewed. At least 30 days before an identification card will expire, the Commissioner shall mail first-class to the cardholder or send the cardholder electronically an application to renew the identification card; a cardholder shall be sent the renewal notice by mail unless the cardholder opts in to receive electronic notification. An individual born on February 29 shall, for the purposes of this section, be considered as born on March 1.
[Subsection (c) effective until January 1, 2024; see also subsection (c) effective January 1, 2024 set out below.]
(c) In the event an identification card is lost, destroyed, mutilated, or a new name is acquired, a replacement may be obtained upon furnishing satisfactory proof to the Commissioner and paying a $20.00 fee.
[Subsection (c) effective January 1, 2024; see also subsection (c) effective until January 1, 2024 set out above.]
(c) In the event an identification card is lost, destroyed, mutilated, or a new name is acquired, a replacement may be obtained upon furnishing satisfactory proof to the Commissioner and paying a $24.00 fee.
(d) The identification card shall bear the following notice: “For identification purposes only.”
(e) The holder of an identification card shall notify the Commissioner, in writing, of a change in address within 30 days after the change is made.
(f) The Commissioner shall cancel the identification card if the card is fraudulently obtained, altered, or misused.
(g) An identification card issued to a first-time applicant and any subsequent renewals by that person shall contain a photograph or imaged likeness of the applicant. The photographic identification card shall be available at a location designated by the Commissioner. An individual issued an identification card under this subsection that contains an imaged likeness may renew his or her identification card by mail. Except that a renewal by an individual required to have a photograph or imaged likeness under this subsection must be made in person so that an updated imaged likeness of the individual is obtained not less often than once every nine years.
(h) An identification card issued to an individual who is under 18 years of age shall be distinguishable by color from an identification card issued to an individual who is 18 years of age or older but under 21 years of age, and both cards shall be distinguishable by color from an identification card issued to an individual 21 years of age or older. An identification card issued to an individual under 21 years of age shall clearly indicate, in prominent type, the date on which the individual will become 21. The distinguishing colors shall be the same as those used to distinguish operator‘s licenses issued under section 610 of this title.
(i) An identification card issued under this subsection to an initial or renewal applicant shall include data elements as prescribed in 6 C.F.R. § 37.19.
(j) Individuals receiving Supplemental Security Income or Social Security Disability Income and individuals with a disability as defined in 9 V.S.A. § 4501(2) shall be provided with nondriver identification cards for the following fees:
(1) Original issuance: $10.00.
(2) Renewal every four years: $10.00.
(3) Replacement of lost, destroyed, or mutilated card, or a new name is required: $5.00.
(k) At the option of the applicant, his or her valid Vermont license may be surrendered in connection with an application for an identification card. In those instances, the fee due under subsection (a) of this section shall be reduced by:
(1) one-quarter of the four-year fee established by subsection 601(c) of this title for each remaining full year of validity; or
(2) one-half of the two-year fee paid for each remaining full year of validity.
(l)(1) The Commissioner shall issue identification cards to Vermont residents who are not U.S. citizens but are able to establish lawful presence in the United States if an applicant follows the procedures and furnishes documents as required under subsection 603(d) of this title and any applicable policies or adopted rules, and otherwise satisfies the requirements of this section. The identification cards shall expire consistent with subsection 603(d) of this title.
(2) The Commissioner shall issue non-REAL ID compliant identification cards to Vermont residents unable to establish lawful presence in the United States if an applicant follows the procedures and furnishes documents as required under subsection 603(e) of this title and any applicable policies or adopted rules, and otherwise satisfies the requirements of this section.
(3) The Commissioner shall issue non-REAL ID compliant identification cards to Vermont residents able to establish lawful presence in the United States but who otherwise fail to comply with the requirements of the REAL ID Act of 2005, Pub. L. No. 109-13, §§ 201-202, if the applicant follows the procedures and furnishes documents as required under subsection 603(f) of this title and any applicable policies or adopted rules, and otherwise satisfies the requirements of this section.
(4) A non-REAL ID compliant identification card issued under subdivision (2) or (3) of this subsection shall bear on its face text indicating that it is not valid for federal identification or official purposes.
(m) An individual sentenced to serve a period of imprisonment of six months or more committed to the custody of the Commissioner of Corrections who is eligible for a nondriver identification card under the requirements of this section shall, upon proper application and in advance of release from a correctional facility, be provided with a nondriver identification card for a fee of $0.00. (Added 1981, No. 94, § 1, eff. Oct. 1, 1981; amended 1981, No. 120 (Adj. Sess.), § 1, eff. March 2, 1982; 1989, No. 51, § 10; 1995, No. 120 (Adj. Sess.), § 7; 1999, No. 163 (Adj. Sess.), § 4; 2001, No. 102 (Adj. Sess.), § 5, eff. May 15, 2002; 2003, No. 70 (Adj. Sess.), § 31, eff. March 1, 2004; 2003, No. 154 (Adj. Sess.), § 2; 2005, 2003, No. 175 (Adj. Sess.), § 26; 2009, No. 50, § 36; 2011, No. 46, § 18, eff. July 1, 2012; 2011, No. 128 (Adj. Sess.), § 10; 2013, No. 57, § 13; 2013, No. 74, § 2, eff. Jan. 1, 2014; 2013, No. 189 (Adj. Sess.), § 1; 2015, No. 47, § 3; 2015, No. 158 (Adj. Sess.), § 58; 2015, No. 159 (Adj. Sess.), § 7; 2019, No. 60, § 12; 2019, No. 131 (Adj. Sess.), § 137; 2019, No. 149 (Adj. Sess.), § 1; 2021, No. 20, § 227; 2021, No. 105 (Adj. Sess.), § 413, eff. July 1, 2022; 2023, No. 78, § G.102, eff. January 1, 2024.)
§ 115. Nondriver identification cards [Effective January 1, 2024]
(a) Any Vermont resident may make application to the Commissioner and be issued an identification card that is attested by the Commissioner as to true name, correct age, residential address unless the listing of another address is requested by the applicant or is otherwise authorized by law, and any other identifying data as the Commissioner may require that shall include, in the case of minor applicants, the written consent of the applicant’s parent, guardian, or other person standing in loco parentis. Every application for an identification card shall be signed by the applicant and shall contain such evidence of age and identity as the Commissioner may require, consistent with subsection (l) of this section. New and renewal application forms shall include a space for the applicant to request that a “veteran” designation be placed on the applicant’s identification card. If a veteran, as defined in 38 U.S.C. § 101(2), requests a veteran designation and provides a Department of Defense Form 214 or other proof of veteran status specified by the Commissioner, and the Office of Veterans Affairs confirms the veteran’s status as an honorably discharged veteran or a veteran discharged under honorable conditions, the identification card shall include the term “veteran” on its face. The Commissioner shall require payment of a fee of $29.00 at the time application for an identification card is made, except that an initial nondriver identification card shall be issued at no charge to an individual who surrenders the individual’s license in connection with a suspension or revocation under subsection 636(b) of this title due to a physical or mental condition.
(b) Every identification card shall expire, unless earlier canceled, at 12:00 midnight on the eve of the fourth anniversary of the date of birth of the cardholder following the date of original issue and may be renewed every four years upon payment of a $29.00 fee. A renewed identification card shall expire, unless earlier canceled, at 12:00 midnight on the eve of the fourth anniversary of the date of birth of the cardholder following the expiration of the card being renewed. At least 30 days before an identification card will expire, the Commissioner shall mail first-class to the cardholder or send the cardholder electronically an application to renew the identification card; a cardholder shall be sent the renewal notice by mail unless the cardholder opts in to receive electronic notification. An individual born on February 29 shall, for the purposes of this section, be considered as born on March 1.
(c) In the event an identification card is lost, destroyed, mutilated, or a new name is acquired, a replacement may be obtained upon furnishing satisfactory proof to the Commissioner and paying a $24.00 fee.
(d) The identification card shall bear the following notice: “For identification purposes only.”
(e) The holder of an identification card shall notify the Commissioner, in writing, of a change in address within 30 days after the change is made.
(f) The Commissioner shall cancel the identification card if the card is fraudulently obtained, altered, or misused.
(g) An identification card issued to a first-time applicant and any subsequent renewals by that person shall contain a photograph or imaged likeness of the applicant. The photographic identification card shall be available at a location designated by the Commissioner. An individual issued an identification card under this subsection that contains an imaged likeness may renew his or her identification card by mail. Except that a renewal by an individual required to have a photograph or imaged likeness under this subsection must be made in person so that an updated imaged likeness of the individual is obtained not less often than once every nine years.
(h) An identification card issued to an individual who is under 18 years of age shall be distinguishable by color from an identification card issued to an individual who is 18 years of age or older but under 21 years of age, and both cards shall be distinguishable by color from an identification card issued to an individual 21 years of age or older. An identification card issued to an individual under 21 years of age shall clearly indicate, in prominent type, the date on which the individual will become 21. The distinguishing colors shall be the same as those used to distinguish operator’s licenses issued under section 610 of this title.
(i) An identification card issued under this subsection to an initial or renewal applicant shall include data elements as prescribed in 6 C.F.R. § 37.19.
(j) Individuals receiving Supplemental Security Income or Social Security Disability Income and individuals with a disability as defined in 9 V.S.A. § 4501(2) shall be provided with nondriver identification cards for the following fees:
(1) Original issuance: $10.00.
(2) Renewal every four years: $10.00.
(3) Replacement of lost, destroyed, or mutilated card, or a new name is required: $5.00.
(k) At the option of the applicant, his or her valid Vermont license may be surrendered in connection with an application for an identification card. In those instances, the fee due under subsection (a) of this section shall be reduced by:
(1) one-quarter of the four-year fee established by subsection 601(c) of this title for each remaining full year of validity; or
(2) one-half of the two-year fee paid for each remaining full year of validity.
(l)(1) The Commissioner shall issue identification cards to Vermont residents who are not U.S. citizens but are able to establish lawful presence in the United States if an applicant follows the procedures and furnishes documents as required under subsection 603(d) of this title and any applicable policies or adopted rules, and otherwise satisfies the requirements of this section. The identification cards shall expire consistent with subsection 603(d) of this title.
(2) The Commissioner shall issue non-REAL ID compliant identification cards to Vermont residents unable to establish lawful presence in the United States if an applicant follows the procedures and furnishes documents as required under subsection 603(e) of this title and any applicable policies or adopted rules, and otherwise satisfies the requirements of this section.
(3) The Commissioner shall issue non-REAL ID compliant identification cards to Vermont residents able to establish lawful presence in the United States but who otherwise fail to comply with the requirements of the REAL ID Act of 2005, Pub. L. No. 109-13, §§ 201-202, if the applicant follows the procedures and furnishes documents as required under subsection 603(f) of this title and any applicable policies or adopted rules, and otherwise satisfies the requirements of this section.
(4) A non-REAL ID compliant identification card issued under subdivision (2) or (3) of this subsection shall bear on its face text indicating that it is not valid for federal identification or official purposes.
(m) An individual sentenced to serve a period of imprisonment of six months or more committed to the custody of the Commissioner of Corrections who is eligible for a nondriver identification card under the requirements of this section shall, upon proper application and in advance of release from a correctional facility, be provided with a nondriver identification card for a fee of $0.00. (Added 1981, No. 94, § 1, eff. Oct. 1, 1981; amended 1981, No. 120 (Adj. Sess.), § 1, eff. March 2, 1982; 1989, No. 51, § 10; 1995, No. 120 (Adj. Sess.), § 7; 1999, No. 163 (Adj. Sess.), § 4; 2001, No. 102 (Adj. Sess.), § 5, eff. May 15, 2002; 2003, No. 70 (Adj. Sess.), § 31, eff. March 1, 2004; 2003, No. 154 (Adj. Sess.), § 2; 2005, 2003, No. 175 (Adj. Sess.), § 26; 2009, No. 50, § 36; 2011, No. 46, § 18, eff. July 1, 2012; 2011, No. 128 (Adj. Sess.), § 10; 2013, No. 57, § 13; 2013, No. 74, § 2, eff. Jan. 1, 2014; 2013, No. 189 (Adj. Sess.), § 1; 2015, No. 47, § 3; 2015, No. 158 (Adj. Sess.), § 58; 2015, No. 159 (Adj. Sess.), § 7; 2019, No. 60, § 12; 2019, No. 131 (Adj. Sess.), § 137; 2019, No. 149 (Adj. Sess.), § 1; 2021, No. 20, § 227; 2021, No. 105 (Adj. Sess.), § 413, eff. July 1, 2022; 2023, No. 78, § G.102, eff. January 1, 2024.)