No. 188. an Act Relating to Enhanced Driver Licenses

NO. 188 Page 2

NO. 188. AN ACT RELATING TO ENHANCED DRIVER LICENSES.

(S.358)

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

Sec. 1. 23 V.S.A. § 4(78)and (79) are added to read:

(78) “Enhanced license” shall mean an operator’s license, commercial driver license, junior operator’s license, or nondriver identification card that denotes identity and citizenship, and includes facilitative technology identified by the Department of Homeland Security.

(79) “Personal radio frequency identification number chip” shall mean the number assigned to the transmitting chip in an enhanced license.

Sec. 2. 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, employees who are authorized to manufacture or produce operators’ licenses and identification cards, including enhanced licenses, may be subject to appropriate security clearance if required by federal law, including background investigations that may include criminal and traffic, records checks, and providing proof of United States citizenship. The commissioner may, in connection with a formal disciplinary investigation, authorize an appropriate a criminal or traffic record 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 the investigation that may be shall be provided to the commissioner or designated division director, and must be maintained in a secure manner. If the information acquired is used as a basis for any disciplinary action, it 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. If no disciplinary action is taken against the employee, the information acquired through the background check shall be destroyed.

Sec. 3. 23 V.S.A. § 7 is added to read:

§ 7. ENHANCED DRIVER LICENSE; MAINTENANCE OF DATABASE

INFORMATION; FEE

(a) The face of an enhanced license shall contain the individual’s name, date of birth, gender, a unique identification number, full facial photograph or imaged likeness, address, signature, issuance and expiration dates, and citizenship. The back of the enhanced license shall have a machine-readable zone. A Gen 2 vicinity Radio Frequency Identification chip shall be embedded in the enhanced license in compliance with the security standards of the Department of Homeland Security. Any additional personal identity information not currently required by the Department of Homeland Security shall need the approval of either the general assembly or the legislative committee on administration rules prior to the implementation of the requirements.

(b) In addition to any other requirement of law or rule, before an enhanced license may be issued to a person, the person shall present for inspection and copying satisfactory documentary evidence to determine identity and United States citizenship. An application shall be accompanied by: a photo identity document, documentation showing the person’s date and place of birth, proof of the person’s Social Security number, and documentation showing the person’s principal residence address. To be issued, an enhanced license must meet the same requirements as those for the issuance of a United States passport. Before an application may be processed, the documents and information shall be verified as determined by the commissioner. Any additional personal identity information not currently required by the Department of Homeland Security shall need the approval of either the general assembly or the legislative committee on administration rules prior to the implementation of the requirements.

(c) No person shall compile or maintain a database of electronically readable information derived from an operator’s license, junior operator’s license, enhanced license, learner permit, or nondriver identification card. This prohibition shall not apply to a person who accesses, uses, compiles, or maintains a database of the information for law enforcement or governmental

purposes or for the prevention of fraud or abuse or other criminal conduct.

(d) The fee for an enhanced license shall be $25.00 in addition to the fees otherwise established by this title.

(e) The commissioner shall report annually to the house and senate committees on transportation by January 15 for the purpose of reporting the associated costs, the number of enhanced licenses issued, implementation problems, recommended revisions, and other relevant information.

Sec.4. 23 V.S.A. § 8 is added to read:

§ 8. PERSONAL RADIO FREQUENCY IDENTIFICATION CHIP

NUMBER PROTECTION

Personal radio frequency identification chip numbers shall be given protections as codified in 18 U.S.C. § 2721 et seq. (Drivers Privacy Protection Act), as of January 1, 2008, not including any subsequent amendments.

Sec. 5. 23 V.S.A. § 601(a) is amended to read:

(a) A resident who intends to operate motor vehicles shall procure a proper license. A resident who has moved into the state from another jurisdiction with a valid license to operate motor vehicles under section 411 of this title shall procure a license within 60 days of moving into the state. Operators’ licenses shall not be issued to nonresidents. All operator licenses issued under this chapter shall expire every four years at midnight on the eve of the anniversary of the date of birth of the applicant at the end of the term for which they were issued. All junior operator licenses shall expire at midnight on the eve of the anniversary of the date of birth of the applicant at the end of the term for which they were issued. A person born on February 29 shall, for the purposes of this section, be considered as born on March 1.

Sec. 6. REPEAL

The following in Title 23 are repealed:

(1) § 7(e) (commissioner reporting on costs of enhanced license) is repealed on June 30, 2011;

(2) § 618 (anatomical gifts);

(3) § 4111(a)(10) (commercial driver license form regarding anatomical gifts).

Sec. 7. 18 V.S.A. § 5238(3) is amended to read:

(3) “Document of gift” means an organ donor card, a statement attached to or imprinted on the reverse side of a Vermont motor vehicle operator’s license, a will, or other writing used to make an anatomical gift.

Sec. 8. 18 V.S.A. § 5239 is amended to read:

§ 5239. MAKING, AMENDING, REVOKING, AND REFUSING TO

MAKE ANATOMICAL GIFTS BY AN INDIVIDUAL

(a) An individual who is at least 18 years of age may:

(1) Make an anatomical gift for any of the purposes stated in

section 5242 of this title.

(2) Limit an anatomical gift to one or more of those purposes.

(3) Refuse to make an anatomical gift.

(b) An anatomical gift may be made only by a document of gift signed by the donor. If the donor cannot sign, the document of gift must be signed by another individual and by two witnesses, all of whom have signed at the direction and in the presence of the donor and of each other, and state that it has been so signed.

(c) If a document of gift is attached to or imprinted on a donor’s motor vehicle operator’s license, the document of gift must comply with subsection (b) of this section. Revocation, suspension, expiration or cancellation of the license does not invalidate the anatomical gift.

(d) An anatomical gift by will takes effect upon death of the testator, whether or not the will is probated. If, after death, the will is declared invalid for testamentary purposes, the validity of the anatomical gift is unaffected.

(e)(d) A donor may amend or revoke an anatomical gift, not made by will, only by one of the following methods:

(1) A signed statement.

(2) An oral statement made in the presence of two individuals.

(3) Any form of communication during a terminal illness or injury addressed to a physician.

(4) The delivery of a signed statement to a specified donee to whom a document of gift had been delivered.

(f)(e) The donor of an anatomical gift made by will may amend or revoke the gift in the manner provided for amendment or revocation of wills or as provided in subsection (e)(d) of this section.

(g)(f) An anatomical gift that is not revoked by the donor before death is irrevocable and does not require the consent or concurrence of any person after the donor’s death.

(h)(g) An individual may refuse to make an anatomical gift of the individual’s body or part by any one either of the following:

(1) A writing signed in the same manner as a document of gift.

(2) A statement attached to or imprinted on the donor’s Vermont motor vehicle operator’s license.

(3) Any other writing used to identify the individual as refusing to make an anatomical gift. During a terminal illness or injury, the refusal may be an oral statement or other form of communication.

Sec. 9. AUTHORITY FOR LIMITED SERVICE POSITIONS FOR THE

DEPARTMENT OF MOTOR VEHICLES

Three limited service positions are created within the department of motor vehicles. These shall be used for the administration of the enhanced license program and shall be for a period of three years.

Sec. 10. [DELETED]

Sec. 11. EFFECTIVE DATE

This act shall take effect from passage except for Sec. 3 which shall not take effect until the commissioner of motor vehicles determines that the systems necessary to operate the program are available. The provisions of this act are intended to supersede any provisions to the contrary in H. 691 as passed in the 2008 session of the general assembly.

Approved: June 5, 2008