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24LSO-0532
2024
STATE OF WYOMING
24LSO-0532
ENGROSSED
3.0
SENATE FILE NO. SF0120
Driver's licenses-unauthorized alien restrictions.
Sponsored by: Senator(s) Bouchard, Biteman, French, Hutchings, Kinskey, Kolb, Laursen, D, McKeown, Salazar and Steinmetz and Representative(s) Bear, Haroldson, Heiner, Jennings, Knapp, Rodriguez-Williams, Ward and Winter
A BILL
for
AN ACT relating to driver's licenses; specifying that driver's licenses and driving operating privilege cards issued by other jurisdictions to unauthorized aliens are invalid; providing a definition; providing a penalty; making conforming amendments; requiring rulemaking; and provide for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 31
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7
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143 is created to read:
31
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7
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143.
Unauthorized aliens; invalid out
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of
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state driver's licenses and driving operating privilege cards.
(a)
Any driver's license or driving operating privilege card issued by another jurisdiction exclusively to unauthorized aliens or any driver's license or driving operating privilege card that is substantially similar to driver's licenses or driving operating privilege cards issued to United States citizens or permanent resident aliens that has markings establishing that the license or card holder did not provide proof of lawful presence shall be deemed invalid in this state.
(b)
As used in this section, "unauthorized alien" means a person who is not a United States citizen and is not lawfully admitted in the United States.
Section 2.
W.S. 31
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7
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107(a)(i) through (iii) and (v) and 31
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134(a) and (c) are amended to read:
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7
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107.
Persons exempted.
(a)
The following persons are exempt from the licensing requirement under this act:
(i)
Any employee of the United States government while operating a motor vehicle owned by or leased to the United States government and being operated on official business unless the employee is required by the United States government or any agency thereof to have a state driver's license
and the state driver's license is not invalid under W.S. 31
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7
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143(a)
;
(ii)
A nonresident who has in his immediate possession a valid license issued to him by the licensing authority in his place of residence
, if the nonresident's license is not invalid under W.S. 31
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7
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143(a)
;
(iii)
A nonresident on active duty in the armed forces of the United States who has a valid license issued by his state of residence and the nonresident's spouse or dependent son or daughter who has a valid license issued by the person's state of residence
, if the nonresident's license is not invalid under W.S. 31
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7
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143(a)
;
(v)
A nonresident full
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time student at the University of Wyoming, a Wyoming community college, a school licensed in this state offering post
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secondary education or at a parochial, church or religious school as defined by W.S. 21
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4
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101(a)(iv) offering post secondary education, who has in his immediate possession a valid license issued to him by the licensing authority of his place of residence
, if the nonresident's license is not invalid under W.S. 31
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7
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143(a)
;
31
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7
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134.
Driving while license cancelled, suspended, invalid or revoked.
(a)
No person shall drive a motor vehicle on any public highway in this state at a time when his driver's license, from this or any other jurisdiction, or nonresident operating privileges are cancelled, suspended
, invalid
or revoked under this act or any other law. Except as provided in subsection (c) of this section, a person convicted of violating 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 six (6) months, or both.
(c)
A person convicted of a subsequent violation of subsection (a) of this section or other substantially similar law of any other jurisdiction for driving during the same period of cancellation, suspension or revocation giving rise to the previous conviction, or a person convicted of driving during
invalidation or
a period of cancellation, suspension or revocation arising from a previous conviction under W.S. 31
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229
,
or
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233
or 31
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7
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143
or other substantially similar law of any other jurisdiction, is guilty of a misdemeanor and shall be imprisoned for not less than seven (7) days nor more than six (6) months and shall not be eligible for probation or suspension of sentence or release on any other basis until he has served at least seven (7) days in jail. In addition, the person shall be fined not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00). Notwithstanding any other provision of law, any person under the age of twenty
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one (21) years convicted of being in control of a vehicle in this state with an alcohol concentration of between two one
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hundredths of one percent (0.02%) and the amount specified in W.S. 31
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5
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233(b)(i) shall not be punished by imprisonment of at least seven (7) days in jail as otherwise provided under this section, but shall have his license administratively suspended for thirty (30) days.
Section 3.
The department of transportation shall promulgate any rules necessary to implement this act.
Section 4.
(a)
Except as otherwise provided in subsection (b) of this section, this act is effective July 1, 2024.
(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)
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SF0120