HB 5565 — Relating to requiring the Division of Motor Vehicles to provide an identification card for eligible released inmates

HB5565WEST HFAVIRGINIA SummersLEGISLATURE 2-27REGULAR #2LAOSESSION 3380 DelegateENGROSSED SummersHouse movedBill to5565 amendBy theDelegates billSummers, byHanshaw striking(Mr. the article heading and inserting a new article heading to read as follows, “ARTICLE 2.

ISSUESpeaker), OFTully, LICENSE,Young, EXPIRATION,Petitto, ANDPushkin, RENEWAL.”And,OnHornbuckle, page 1, line 3, by striking the word, "division’s" and byLewis inserting,[Introduced "DivisionFebruary of12, Corrections2024; and Rehabilitation’s".

  AdoptedRejectedReferred to the Committee on Technology and Infrastructure] Eng HB 5565 A BILL to amend and reenact §17B-2-1c of the Code of West Virginia, 1931, as amended, relating to requiring the Division of Motor Vehicles to provide an identification card for eligible released inmates.

Be it enacted by the Legislature of West Virginia:

ARTICLE 2.

ISSUE OF LICENSE, EXPIRATION, AND RENEWAL.

§17B-2-1c.

Identification card for released inmates.

(a) The West Virginia Division of Corrections and Rehabilitation is authorized to Motor Vehicles shall issue a temporary an identification card to an eligible inmate at no cost, no earlier later than seven days prior to the inmate's release from the division's Division of Corrections and Rehabilitation’s custody.

An identification card issued pursuant to this section shall be valid for 180 days after the date of issuance.

(b) A valid identification card issued pursuant to this section shall have the same force and effect as a standard identification card issued by the Division of Motor Vehicles pursuant to §17B- 2-1(f) of this code.

(c)(1) Notwithstanding any other provision of this code, the Division of Motor Vehicles shall accept a valid identification card issued pursuant to this section as sufficient proof of identity, age, and residency of a person applying for an identification card or driver’s license pursuant to §17B-2- 1 of this code.

(2) If the Division of Motor Vehicles is unable to verify the person’s Social Security number by another means, the Division of Motor Vehicles shall contact the Division of Corrections and Rehabilitation to verify the Social Security number provided by such person.

The Division of Motor Vehicles shall accept verification by the Division of Corrections and Rehabilitation as sufficient documentation of the person’s Social Security number for the purpose of issuing such person an identification card or driver’s license pursuant to §17B-2-1 of this code (3) The Division of Corrections and Rehabilitation, in collaboration with the Division of Motor Vehicles, shall develop a policy to permit the sharing of released inmates' Social Security Eng HB 5565 numbers for the limited purposes of this section, and shall obtain any necessary written authorization from an inmate prior to the inmate's release from the Division of Corrections and Rehabilitation's custody.

(d) An inmate is not eligible to receive an identification card pursuant to this section if the inmate is in possession of a valid West Virginia identification card or driver’s license, which expires more than 30 days after the inmate’s date of release from the Division of Corrections and Rehabilitation's custody, or if the inmate is not a citizen of the United States.

(e) Nothing in this section shall be construed to permit or require issuance of an identification card or driver’s license for federal use, in violation of the standards promulgated pursuant to the REAL ID Act of 2005, 49 U.S.C.

§ 30301 et seq.

(f) During the six months preceding an inmate’s release date from the Division of Corrections and Rehabilitation’s custody, the division shall assist the inmate to obtain a certified copy of the inmate's birth certificate, a Social Security card, and a state-issued driver's license or identification card.