Tribal identification card.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0325

ENROLLED ACT NO. 69, HOUSE OF REPRESENTATIVES

FIFTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2005 GENERAL SESSION

AN ACT relating to tribal relations; authorizing the use of tribal identification cards when identification is required; specifying prohibited acts; providing penalties; providing conforming amendments; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 8
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7
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101 and 8
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7
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102 are created to read:

CHAPTER 7
TRIBAL RELATIONS

ARTICLE 1
TRIBAL IDENTIFICATION CARDS

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7
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101.

Tribal identification cards.

An identification card issued by the governing body of the Eastern Shoshone tribe of Wyoming or Northern Arapahoe tribe of Wyoming that includes the requirements of W.S. 31
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8
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102(a)(i) through (vi) shall be considered a valid form of identification for all purposes for which an identification card issued under W.S. 31
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8
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101 may be used.

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102.

Prohibited acts; penalties.

(a)

No person shall:

(i)

Possess any cancelled, fictitious, fraudulently altered or fraudulently obtained tribal identification card;

(ii)

Lend his tribal identification card to any other person or knowingly permit its use by another;

(iii)

Display or represent a tribal identification card not issued to him as being his card;

(iv)

Photograph, photostat, duplicate or in any way reproduce a tribal identification card or facsimile thereof in such a manner that it could be mistaken for a valid identification card;

(v)

Use a tribal identification card that was obtained by false swearing, fraud or false statement of any kind or in any form.

(b)

Any person who violates any provision of subsection (a) of this section is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), by imprisonment for not more than ninety (90) days, or both.

Section 2.
W.S. 6
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3
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901(b), 14
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3
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107(a), 22
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2
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113(d) are amended to read:

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901.

Unauthorized use of personal identifying information; penalties; restitution.

(b)

As used in this section "personal identifying information," means the name, address, telephone number, driver's license number, social security number, place of employment, employee identification number,
tribal identification card number,
mother's maiden name, demand deposit account number, savings account number, or credit card number of an individual person.

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3
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107.

Performing body-art on persons who have not reached the age of majority; penalties; definition.

(a)

No person shall knowingly perform body-art upon or under the skin of a person who has not reached the age of majority, except with the consent of the person's parent or legal guardian who is present at the time the body-art procedure is performed upon the person. The person performing the body-art procedure shall demand proof of age prior to administering the body-art procedure upon the person. A motor vehicle driver's license, a registration card issued under the federal Selective Service Act, an identification card issued to a member of the armed forces, a valid United States passport
, a tribal identification card issued by the governing body of the Eastern Shoshone tribe of Wyoming or the Northern Arapahoe tribe of Wyoming
or an identification card issued by the department of transportation is prima facie evidence of the age and identity of the person. Proof that the person performing the body-art procedure demanded, was shown and acted in reasonable reliance upon the information contained in any one (1) of the above documents as identification and proof of age is a defense to any criminal prosecution under this section.

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113.

Availability and form of computerized voter registration lists; use of copies; election record; purging.

(d)

Unless otherwise specifically stated in this Election Code, all election records of the county clerk are public. The availability and dissemination of such records shall be in accordance with the Wyoming Public Records Act. Election records containing social security numbers, portions of social security numbers, driver's license numbers, state generated unique voter identification numbers, birth dates, telephone numbers
, tribal identification card numbers
and other personally identifiable information other than names, gender, addresses and party affiliations are not public records and shall be kept confidential. When necessary, members of the county or state canvassing boards may access confidential information for purposes of this code but shall maintain its confidentiality.

Section 3.

This act is effective July 1, 2005.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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