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BILL AS INTRODUCED 2007-2008

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S.183

Introduced by Committee on Transportation

Date:

Subject:  Motor vehicles; driver license; Real ID Act

Statement of purpose:  This bill proposes to amend the motor vehicle statutes to comply with the federal ReaL ID Act (P.L. 109-13) by providing that:

(1)  All persons issuing licenses and ID cards be subject to appropriate security requirements.

(2)  All applicants for licenses and ID cards be subject to mandatory facial image capture.

(3)  All supporting identity documents as well as other required information  be verified.

(4)  The license certificate display the address of the person’s residence.

(5)  All licenses issued by other jurisdictions be terminated before licensing in Vermont.

(6)  All persons provide proof of U.S. citizenship or acceptable alien status prior to licensing.

AN ACT RELATING TO THE FEDERAL MOTOR VEHICLE REAL ID ACT

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  23 V.S.A. § 102(d) is amended to read:

(d)  The commissioner may authorize background investigations for potential employees that may include criminal, traffic, and financial records checks; provided, however, that the potential employee is notified and has the right to withdraw his or her name from application.  Additionally, all persons authorized to manufacture or produce drivers’ licenses and identification cards shall be subject to appropriate security clearance requirements, including background investigations.  The commissioner may, in connection with a formal disciplinary investigation, authorize an appropriate background investigation of a current employee; provided, however, that the background review is necessary and relevant to the issue under disciplinary investigation. Information acquired through a background investigation that may be used as a basis for any disciplinary action must be given to the employee during any pretermination hearing or contractual grievance hearing to allow the employee an opportunity to respond to or dispute the information.

Sec. 2.  23 V.S.A. § 115(a), (d), and (g) are amended to read: 

(a)  Any Vermont resident may make application to the commissioner and be issued an identification card which is attested by the commissioner as to true name, correct age, and any other identifying data as the commissioner may require which shall include, in the case of minor applicants, the written consent of the applicant’s parent, guardian, or other person standing in loco parentis.  Each applicant shall be subject to mandatory facial image capture.  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.  An application shall be accompanied by:  a photo identity document, except that a nonphoto identity document is acceptable if it includes both the person’s full legal name and date of birth; documentation showing the person’s date of birth; proof of the person’s Social Security number or verification that the person is not eligible for a Social Security number; and documentation showing the person’s name and address of principal residence.  Before an application may be processed, the documents and information shall be verified as determined by the commissioner.  The commissioner shall require payment of a fee of $15.00 at the time application for an identification card is made.

(d)  The identification card shall be in the form determined by the commissioner and shall include:  the person’s full legal name; the person’s date of birth; the person’s gender; the person’s identification card number; a digital photograph of the person; the person’s address of principal residence; and the person’s signature.  The identification card shall bear the following notice: “For identification purposes only.”

(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.  A person 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 a person required to have a photograph or imaged likeness under this subsection must be made in person so that an updated imaged likeness of the person is obtained no less often than once every eight years.

Sec. 3.  23 V.S.A. § 603 is amended to read:

§ 603.  APPLICATION FOR AND ISSUANCE OF LICENSE

(a)  The commissioner or his or her authorized agent may license operators and junior operators when an application, on a form prescribed by the commissioner, signed and sworn to by the applicant for the license, is filed with him or her, accompanied by the required license fee and any valid license from another state or Canadian jurisdiction is surrendered.  The commissioner may refuse to issue an operator’s license to a person holding a driver’s license issued by another jurisdiction without confirmation that the person is terminating or has terminated the driver’s license.  The commissioner may, however, in his or her discretion, refuse to issue a license to any person whenever he or she is satisfied from information given him or her by credible persons, and upon investigation, that the person is mentally or physically unfit, or because of his or her habits, or record as to accidents or convictions, is unsafe to be trusted with the operation of motor vehicles.  A person refused a license, under the provisions of this subsection or section 605 of this title, shall be entitled to hearing as provided in sections 105-107 of this title.

(b)  Each applicant shall be subject to mandatory facial image capture.  An application shall be accompanied by:  a photo identity document, except that a nonphoto identity document is acceptable if it includes both the person’s full legal name and date of birth; documentation showing the person’s date of birth; proof of the person’s Social Security number or verification that the person is not eligible for a Social Security number; and documentation showing the person’s name and address of principal residence.  Before an application may be processed, the documents and information shall be verified as determined by the commissioner.

(c)  Before issuing an operator license, junior operator license, or learner permit to an applicant, the commissioner shall obtain driving record information through the National Driver Register and from each state in which the person has been licensed or has been issued a learner permit.

(c)(d)  An operator license, junior operator license, or learner permit shall not be issued to an applicant whose license or learner permit is suspended, revoked, or canceled in any jurisdiction.

(d)(e)  In addition to any other requirement of law or rule, a citizen of a foreign country shall produce his or her passport and visa, alien registration receipt card (green card), or other proof of legal presence for inspection and copying as a part of the application process for an operator license, junior operator license, learner permit, or nondriver identification card before an operator’s license may be issued to a person, the person shall present for inspection and copying satisfactory documentary evidence that he or she:  is a citizen or national of the United States; is an alien lawfully admitted for permanent or temporary residence in the United States; has conditional permanent resident status in the United States; has an approved application for asylum in the United States or has entered into the United States in refugee status; has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States; has a pending application for asylum in the United States; has a pending or approved application for temporary protected status in the United States; has approved deferred action status; or has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States.  Notwithstanding any other law or rule to the contrary, an a temporary operator license, junior operator license, learner permit, or nondriver identification card shall be issued to a citizen of a foreign country.  It shall expire coincidentally with his or her authorized duration of stay in the United States or, if there is no definite end to the period of authorized stay, a period of one year.  A license or permit issued under this section may not be issued to be valid for a period of less than 180 days.

(f)  A temporary operator’s license issued pursuant to this subsection shall clearly indicate that it is temporary and shall state the date on which it expires.  A temporary operator’s license issued pursuant to this subsection may be renewed only upon presentation of valid documentary evidence that the status by which the applicant qualified for the temporary operator’s license has been extended by the Secretary of Homeland Security.

Sec. 4.  23 V.S.A. § 608(c) is added to read:

(c)  The fees for temporary licenses issued pursuant to section 603 of this title shall be $12.50 for a term of 180 days to one year; $25.00 for a term exceeding one year but not more than two years; $30.00 for a term in excess of two years but not more than three years; and $40.00 for a term exceeding three years but not more than four years. 

Sec. 5.  23 V.S.A. § 610(a) and (c) are amended to read:

(a)  The commissioner shall assign a distinguishing number to each licensee and shall furnish the licensee with a license certificate in the form determined by the commissioner, showing the number, the licensee’s full name, date of birth, gender, a brief description, and mailing principal residence address and a space for the signature of the licensee.  The license shall be void until signed by the licensee. 

(c)  Each license certificate issued to a first-time applicant and each subsequent renewal by that person shall be issued with the photograph or imaged likeness of the licensee included on the certificate.  The commissioner shall determine the locations where photographic licenses may be issued.  A photographic motor vehicle operator’s license issued under this subsection to an individual under the age of 30 shall include a magnetic strip that includes only the name, date of birth, height, and weight of the licensee.  A person issued a license under this subsection that contains an imaged likeness may renew his or her license by mail.  Except that a renewal by a licensee required to have a photograph or imaged likeness under this subsection must be made in person so that an updated imaged likeness of the person is obtained no less often than once every eight years.

Sec. 6.  23 V.S.A. § 617(e) is amended to read:

(e)  A learner’s permit which is not a learner’s permit for the operation of a motorcycle shall contain a photograph or imaged likeness of the person.  The photographic learner’s permit shall be available at a location designated by the commissioner.  A person issued a permit under this subsection that contains an imaged likeness may renew his or her permit by mail.  Except that a renewal by a permit holder who is required to have a photograph or imaged likeness under this subsection must be made in person so that an updated imaged likeness of the person is obtained no less often than once every eight years.


Sec. 7.  23 V.S.A. § 617(g) is added to read:

(g)  Each applicant shall be subject to mandatory facial image capture.  An application shall be accompanied by: a photo identity document, except that a non-photo identity document is acceptable if it includes both the person’s full legal name and date of birth; documentation showing the person’s date of birth; proof of the person’s Social Security number or verification that the person is not eligible for a Social Security number; and documentation showing the person’s name and address of principal residence.  Before an application may be processed, the documents and information shall be verified as determined by the commissioner.  The learner permit shall be in the form determined by the commissioner and shall include:  the person’s full legal name; the person’s date of birth; the person’s gender; the person’s driver’s license or identification card number; the person’s address of principal residence; and the person’s signature.

Sec. 8.  REPEAL

The following sections in Title 23 are hereby repealed:

(1)  § 115a (legislative intent for nondriver identification card); and

(2)  § 610c (legislative intent for driver license without a photograph).



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us