Repeal of Real ID.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0381

HOUSE BILL
NO.

HB0189

Repeal of Real ID.

Sponsored by:
Representative(s) Kroeker, Burkhart, Campbell, Davison, Hunt, Jaggi, Madden, Miller,
Piiparinen
, Semlek, Teeters, Wallis and
Winters
and Senator(s) Case, Coe, Cooper and Hicks

A BILL

for

AN ACT relating to the federal Real ID Act; amending Wyoming's motor vehicle statutes to remove provisions added in 2009 to comply with the federal Real ID Act; prohibiting the retention of documents as specified; requiring the destruction of specified documents; prohibiting late renewal penalties as specified; prohibiting
nonoptical
identification of
driver's licenses; and providing for an effective date.

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

Section 1.

W.S. 7
‑
19
‑
106(a)(xvi), 8
‑
7
‑
101, 31
‑
7
‑
111(a), 31
‑
7
‑
113(f)(
i
), 31
‑
7
‑
115(a)(iii)
(C)
,
(D)
and by creating a new subsection (c)
, 31
‑
7
‑
119(a) and by
creating

new subsection
s
(j)
and (k)
,
31-7-120 by creating
a new subsection (e),
31
‑
8
‑
101, 31
‑
8
‑
102(a)
(vi) through (viii) and 31
‑
8
‑
103(a) and (c)(ii) are amended to read:

7
‑
19
‑
106.

Access to, and dissemination of, information
.

(a)

Criminal history record information shall be disseminated by criminal justice agencies in this state, whether directly or through any intermediary, only to:

(xvi)

The department of transportation for purposes of dealer and wholesaler licensing and permitting under title 31, chapter 16
;
and for purposes of performing background checks required by W.S. 31
‑
7
‑
103(
b)
;

8
‑
7
‑
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
‑
8
‑
102(
a)(
i
) through (vi)

and (ix
)
shall be considered a valid form of identification for all purposes for which an identification card issued under W.S. 31
‑
8
‑
101 may be used.

31
‑
7
‑
111.

Application for license or permit generally
.

(a)

Every application for instruction permit, driver's license, commercial driver's license or commercial driver instruction permit shall be made upon a form furnished by the division. Every applicat
ion shall be accompanied by the proper fee, proof of residence
,

and

proof of identity
. Proof of identity shall be es
tablished by a certified copy of the applicant's birth certificate, valid unexpired United States passport, consular report of birth abroad, certificate of citizenship, certificate of naturalization, permanent resident card, employment authorization document, foreign passport (with United States visa affixed and accompanied by an approved document documenting the applicant's most recent admittance to the United States), state issued driver's license or identification card which complies with federal law and applicable regulations, or other document required by the division to establish identity where reasons beyond the applicant's control prevent the applicant from presenting the documents required by this subsectio
n

and if the applicant has not previously been licensed in this state or another jurisdiction, by a certified copy of the
applicant's birth certificate or a valid unexpired United States passport
.

31
‑
7
‑
113.

Fees
.

(f)

Notwithstanding W.S. 31
‑
7
‑
115(
b), any licensee on active duty in the armed forces of the United States who is stationed outside the state of Wyoming, or his spouse or dependent child who has a valid driver's license issued under this chapter, may obtain a license with an updated photograph and the same expiration date of the current license without payment of any fee, unless renewing under W.S. 31
‑
7
‑
119, if:

(
i
)

While outside the state, the person surrenders the current license
and submits an updated color photograph certified by military officials to be a photograph of the person
; or

31
‑
7
‑
115.

Issuance, description and contents
.

(a)

Upon the satisfactory completion of any required examination, the division shall issue to every qualifying applicant a driver's license, and:

(iii)

The driver's license shall include, but not be limited to, the following information:

(C)

The full legal name, any identifying numbers or letters deemed appropriate, date of birth,
principal residence

mailing
address, height, weight and sex of the licensee. Unless otherwise required by federal law, the social security number of the person shall not be required on a driver's license;

(D)

A
full facial digita
l
color photograph of the licensee;

(c)

No license issued under this section shall include any marking or contain any device which allows the license to be identified other than by optical means.

31
‑
7
‑
119.

Expiration and renewal; required tests; extension
.

(a)

Every driver's license shall expire on the licensee's birthday in the fourth year following the issuance of the license.
Every driver's license is
renewable within one hundred twenty (120) days before its expiration upon application, payment of the required fee and satisfactory completion of the examination required or authorized by subsection (b) of this section. The division may renew a driver's license more than one hundred twenty (120) days before its expiration if the applicant states in writing that he will not be in the state during the one hundred twenty (120) days before the license expires.

(j)

The license extension shall be properly affixed to the reverse side of the license to validate extension.

(k)

No adverse action, including the expiration of a driver's license
or
an
increased fee
, shall be imposed on any person who fails to timely renew a driver's license due to the person's inability to provide the documentation that was required by W.S. 31
‑
7
‑
111(
a) prior to July 1, 2013, as indicated in a statement
signed
by the person.

31
‑
7
‑
120.

Records to be kept by division; exceptions
.

(e)

The division shall not make or retain any electronic or other copy of any document presented to the division
to prove identity under
W.S. 31-7-111
(a)
. Any
copy made and retained by the division
on or
after
January 1, 2010
shall be destroyed by the division.

31
‑
8
‑
101.

Issuance to residents by department; restrictions
.

(a)

Any Wyoming resident may be issued an identification card by the department of transportation. The application shall state the registrant's
full

legal name,
social security number,
date of birth

and any other identifying data the department may require and shall be signed and verified by the applicant. The identification card shall at the applicant's request indicate that the applicant is an anatomical organ donor as provided by W.S. 35
‑
5
‑
205.

(b)

The department shall not issue an identification card until documentary evidence of the applicant's age and identity has been
verified using documents as provided by W.S. 31
‑
7
‑
111

received
.

31
‑
8
‑
102.

Contents
.

(a)

The identification card shall resemble a Wyoming driver's license. It shall have:

(vi)

The
registrant's
full facial digital color
photograph;

(vii)

The following: "State of Wyoming" - "Identification Card No. ...." - "This card is provided solely for the purpose of identification of the person described on the card";
and

(viii)

As provided for in W.S.
31
‑
7
‑
139
.
;
and

31
‑
8
‑
103.

Expiration; records; new cards
.

(a)

Identification cards shall

not
expire
.

on
the registrant's birthday in the eighth year following issuance of the identification card
.
The department shall keep records of data contained in identification cards.

(c)

If any information contained in the identification card becomes inaccurate, or if it is desired to withdraw or insert notice of anatomical organ donation,
the person to whom it was issued may obtain a new card upon:

(ii)

Furnishing
all
the same

documentary evidence
necessary to verify any material change to information listed on the

as for an
original identification card; and

Section 2.

W.S. 7
‑
19
‑
201(a)(xviii), 31
‑
7
‑
103(b) and (c), 31
‑
7
‑
111(b)(xi) and (g), 31
‑
7
‑
115(a)(iii)(J), 31
‑
7
‑
119(f)(iv), 31
‑
8
‑
102(a)(ix) and 31
‑
8
‑
103(d) are repealed.

Section 3.

The Wyoming transportation commission and department of transportation shall repeal all rules and regulations adopted after the 2009 general session of the Wyoming legislature which were promulgated in an effort to comply with the federal Real ID Act and shall promulgate new rules which are similar in scope and operation to those which existed prior to efforts to comply with the federal Real ID Act.

Section 4.

The Wyoming transportation commission and department of transportation shall have the authority to
adopt, amend and repeal rules and regulations to comply with the requirements of this act
.

Section 5.

(a)

Sections 1 and 2 of this act are effective July 1, 2013.

(b)

Sections 3 and 4 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

1
HB0189