HB 4577 — Relating to driver’s licenses

HB4577 S TRN AMAMT #1 3-11Wolfe 7816 The Committee on Transportation and Infrastructure moved to amend the bill by striking out everything after the enactingtitle clause and insertingsubstituting intherefor lieua thereofnew thetitle, following: to Chapterread 3.as follows:Eng.

Elections.Com.

ArticleSub. 2.

Registrationfor House Bill 4577—A Bill to amend and reenact §3-2-11 of Voters.the Code of West Virginia, 1931, as amended;

§3-2-11.and to amend the code by adding a new section, designated §17A-2-10b, relating to driver’s licenses;

Registrationdirecting incommissioner conjunctionof division of motor vehicles to enter into reciprocal agreements with driverdesignated licensing.foreign countries for recognition of valid foreign driver’s licenses and recognition of valid West Virginia driver’s licenses;

(a)requiring Thecompliance Division of Motor Vehicles or other division or department that may be established by law to perform motor vehicle driver licensing services, shall, except with respectfinancial toresponsibility foreignlaws; driver’s licenses recognized pursuant to reciprocal agreements under §17A-2-10b of this code, obtain as an integral and simultaneous part of every process of application for the issuance, renewal, or change of address of a motor vehicle driver’s license, or official identification card pursuant to §17B-2-1 et seq.

ofclarifying thisthat code,foreign whencitizens thewith division’srecognized regionaldriver’s officeslicenses are opennot forauthorized regular business, the following information from each qualified registrant:(1) Full name, including first, middle, last, and any premarital names;(2) Date of birth;(3) Residence address and mailing address, if different;(4) The applicant’s electronic signature and photograph;(5) Telephone number, if available;(6) Email address, if available;(7) Political party membership, if any;(8) Driver’s license number and last four digits of Social Security number;(9) A notation that the applicant has attested that he or she meets all voter eligibility requirements;(10) United States citizenship status;(11) Whether the applicant affirmatively declined to becomeregister registered to vote duringin thethis transactionstate; with the Division of Motor Vehicles;(12) Date of application;

and(13)authorizing Anyfees; other information specified in rules adopted to implement this section.(b) Unless the applicant affirmatively declines to become registered to vote or update his or her voter registration during the transaction with the Division of Motor Vehicles, the Division of Motor Vehicles shall release all of the information obtained pursuant to subsection (a) of this section to the Secretary of State, who shall forward the information to the county clerk for the relevant county to process the newly registered voter or updated information for the already-registered voter pursuant to law.

Thespecifying Divisionforeign ofcountries Motoreligible Vehicles shall notify the applicant that by submitting his or her signature, the applicant grants written consent for thereciprocal submissionagreements; of the information obtained and required to be submitted to the Secretary of State pursuant to this section.(c) As soon as practicable, but no later than 90 days following the effective date of amendments made during the 2024 regular legislative session, the Division of Motor Vehicles shall create a regular process, including, but not limited to, the requirements of §3-2-11(p) of this code, that ensures the Secretary of State can fulfill his or her duties as provided by §3-2-3 of this code to confirm that any applicant to register to vote in West Virginia through the Division of Motor Vehicles is in fact a U.S.

citizen eligible to vote in West Virginia and toproviding ensure that persons who are noncitizens of the United States have not and cannot register to vote in West Virginia.(d) Information regarding a person’s failure to sign the voter registration application is confidential and may not be used for anyrulemaking.   AdoptedRejected purpose other than to determine voter registration.(e) A qualified voter who submits the required information or update to his or her voter registration, pursuant to the provisions of subsection (a) of this section, in person at a driver licensing facility at the time of applying for, obtaining, renewing, or transferring his or her driver’s license or official identification card, and who presents identification and proof of age at that time, is not required to make his or her first vote in person or to again present identification in order to make that registration valid.(f) A qualified voter, who submits, by mail or by delivery by a third party, an application for registration on the form used in conjunction with driver licensing, is required to make his or her first vote in person and present identification as required for other mail registration in accordance with §3-2-10(g) of this code.

If the applicant has been previously registered in the jurisdiction and the application is for a change of address, change of name, change of political party affiliation, or other correction, the presentation of identification and first vote in person is not required.(g) An application for voter registration submitted pursuant to the provisions of this section updates a previous voter registration by the applicant and authorizes the cancellation of registration in any other county or state in which the applicant was previously registered.(h) A change of address from one residence to another within the same county which is submitted for driver licensing or nonoperator’s identification purposes in accordance with applicable law, serves as a notice of change of address for voter registration purposes if requested by the applicant after notice and written consent of the applicant.(i) Completed applications for voter registration or change of address for voting purposes received by an office providing driver licensing services shall be forwarded to the Secretary of State within five days of receipt unless other means are available for a more expedited transmission.

The Secretary of State shall remove and file any forms which have not been signed by the applicant and shall forward completed, signed applications to the clerk of the appropriate county commission within five days of receipt.(j) Voter registration application forms containing voter information which are returned to a driver licensing office unsigned shall be collected by the Division of Motor Vehicles, submitted to the Secretary of State, and maintained by the Secretary of State’s office according to the retention policy adopted by the Secretary of State.(k) The Secretary of State shall establish procedures to protect the confidentiality of the information obtained from the Division of Motor Vehicles, including any information otherwise required to be confidential by other provisions of this code.(l) A person registered to vote pursuant to this section may cancel his or her voter registration at any time by any method available to any other registered voter.(m) This section does not require the Division of Motor Vehicles to determine eligibility for voter registration and voting.(n) Except for the changes made to subsection (b) of this section during the 2017 regular legislative session, the changes made to this section during the 2016 regular legislative session become effective on July 1, 2021, and any costs associated therewith shall be paid by the Division of Motor Vehicles.

The Commissioner of the Division of Motor Vehicles, the Secretary of the Department of Transportation, and the Secretary of State shall each appear before the Joint Committee on Government and Finance and the Joint Standing Committee on the Judiciary, during the first interim meetings of such committees occurring after September 1, 2019, to present written reports containing a full and complete list of any infrastructure each agency requires to achieve the purposes of this section.

Along with the report required by this subsection, the Division of Motor Vehicles shall submit a written schedule to both committees outlining how the division will implement the requirements of this section by July 1, 2021.(o) The Secretary of State shall propose rules for legislative approval in accordance with §29A-3-1 et seq.

of this code to implement the requirements of this section.(p) Notwithstanding any other provisions of this code to the contrary, the Division of Motor Vehicles shall expeditiously and comprehensively release and forward all information obtained pursuant to subsection (a) of this section purporting to document an applicant’s status as a U.S.

citizen to the Secretary of State of any applicant attempting to register to vote in West Virginia.

 This information shall be used for the express purpose of expediting the Secretary of State’s fulfillment of his or her duties pursuant to §3-2-11(c) and §3-2-3 of this code requiring the Secretary of State to confirm that persons who are noncitizens of the United States have not and cannot register to vote in the state of West Virginia.(q) The amendments to this section enacted by the Legislature in the 2024 regular session are effective January 1, 2025.

Chapter 17A.

MOTOR VEHICLE ADMINISTRATION, REGISTRATION, CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.

Article 2.

DIVISION OF MOTOR VEHICLES.

§17A-2-10b.

Same – Entry into reciprocal agreements with certain foreign countries.

 (a) The commissioner shall seek to enter into reciprocal agreements with the proper authorities of the foreign countries specified in subsection (e) of this section, which agreements shall provide for:(1) The recognition of valid driver’s licenses of citizens of said foreign countries in this state when such citizens are lawfully present in the United States;

and(2) The recognition of valid driver’s licenses of citizens of this state by the authorities of said foreign countries.The commissioner shall only enter into such reciprocal agreements upon a determination that the requirements and qualifications for the issuance of a driver’s license in the foreign country are at least as stringent as those of this state.

Following the entry into a reciprocal agreement, a citizen of the country that is party to the agreement, who possesses a valid driver’s license issued by the appropriate licensing authority of that country, and who is otherwise lawfully present in the United States, may, subject to the terms of the relevant reciprocal agreement, operate a motor vehicle in this state without obtaining a West Virginia driver’s license.(b) Any person operating a motor vehicle in this state with a foreign driver’s license granted recognition by a reciprocal agreement entered into under this section must comply with the compulsory motor vehicle liability insurance and financial responsibility laws of this state.(c) A citizen of a foreign country that has entered into a reciprocal agreement with this state pursuant to this section shall not, by virtue of having his or her foreign driver’s license recognized for use in this state, be registered to vote in this state pursuant to §3-2-11 of this code.(d) The commissioner may, in his or her discretion, set registration and other fees for the recognition of foreign driver’s licenses under reciprocal agreements entered into pursuant to this section.(e) Reciprocal agreements with the following foreign countries are hereby authorized:(1) The Republic of Ireland;

and(2) Japan.(f) The commissioner shall propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq.

of this code providing for the entry into reciprocal agreements pursuant to the provisions of this section. AdoptedRejected