SPONSOR: |
Sen.
Bushweller & Rep. Mitchell Reps.
Carson, Hudson, Lavelle, Ramone |
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DELAWARE STATE SENATE 145th GENERAL ASSEMBLY |
SENATE BILL NO. 74 |
AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE ENABLING THE DIVISION OF MOTOR VEHICLES TO ISSUE DRIVER LICENSES AND IDENTIFICATION CARDS THAT FEDERAL AGENCIES CAN ACCEPT FOR OFFICIAL PURPOSES IN ACCORDANCE WITH FEDERAL LAW AND REGULATIONS. |
Section 1. Amend
Section 101, Title 21, of the Delaware Code by adding
the following definitions, enumerated as the appropriate subsection and
alphabetically inserted, into the existing section:
“( ) ‘Full legal name’ means an individual’s first name,
middle name(s), and last name or surname without use of initials or nicknames.
( ) ‘Non-compliant driver license’ means a driver license
issued by the Division of Motor Vehicles that gives the holder the appropriate
driving authority but is not in full compliance or certified as Real ID Act
compliant by the United States Secretary of Homeland Security.
( ) ‘Non-compliant identification card’ means an
identification document issued by the Division of Motor Vehicles that is not in
full compliance or certified as Real ID Act compliant by the United States Secretary
of Homeland Security.
( ) ‘Real ID driver license or identification card’ means a
driver license or identification card that has been issued by this State, has
been certified by the United States Department of Homeland Security to be in
compliance with the requirements of 6
Section 2. Amend
Section 101 of Title 21 of the Delaware Code by deleting the definitions (26)
“License” and (70) “State”, and replacing them with the following definition:
“(26) ‘License’ means any license, temporary instruction
permit, or temporary license, Real ID compliant or non-compliant, issued under
the laws of this State pertaining to the licensing of persons to operate motor
vehicles to include all those listed in Sections 2702(d) and (e).
(70) ‘State’ means a State of the United States, the
District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American
Samoa, and the Commonwealth of Northern Mariana Islands, except that for
purposes of Chapter 29 of this title the term ‘state’ shall also include any
province of Canada.”
Section 3. Amend
Section 2711(b) of Title 21 of the Delaware Code by deleting the existing
subsection in its entirety and inserting in lieu thereof the following:
“(b) Every driver license application shall state the
applicant’s full legal name, social security number, if eligible, date of
birth, gender, address of principal residence in this State, and any other
information determined necessary by the Division. The applicant will state
whether or not the applicant holds a Real ID Act compliant driver license or
identification card in this or any other state, has previously been licensed as
an operator, and if so, when and by what state and whether or not such license
has ever been suspended or revoked, and if so, the date of and reason for such
suspension or revocation. The driver license applicant must sign a declaration
on the application form, under penalty of perjury, that the information
presented by the applicant is true and correct. The Division shall promulgate
rules and regulations regarding the issuance of Real ID complaint and
non-compliant driver licenses, which shall incorporate by reference the
applicable provisions of 6
Section 4. Amend
Section 2718(a) of Title 21 of the Delaware Code by deleting the first and
second sentences thereof, and replacing them with the following:
“Every license shall bear thereon the distinguishing number
assigned to the licensee and shall contain the license holder’s full legal
name, date of birth, gender, full facial digital photograph, address of
principal residence in this State, license issuance and expiration dates, brief
description of the licensee for the purpose of identification, shall have a
space for the signature of the licensee, and any other information determined
necessary by the Division.”
Section 5. Amend Section 3102(b) of Title 21 of the
Delaware Code by deleting the existing subsection in its entirety and inserting
in lieu thereof the following:
“(b) Every application shall state the full legal name,
social security number, if eligible, date of birth, gender, and address of
principal residence in this State of the applicant, whether or not the
applicant holds a Real ID Act compliant driver license or identification card
in this or any other state and any other information determined necessary by
the Division. The applicant must sign a declaration, under penalty of perjury,
that the information presented by the applicant is true and correct. The
Division shall promulgate rules and regulations regarding the issuance of Real
ID complaint and non-compliant driver licenses, which shall incorporate by
reference the applicable provisions of 6
Section 6. Amend Section 3104(a) of Title 21 of the
Delaware Code by deleting the first sentence therein, and substituting in lieu
thereof the following:
“Every identification card shall bear thereon the distinguishing number assigned to the holder and shall contain the full legal name, date of birth, address of principal residence in this State, gender, and full facial digital photograph of the holder taken by the Department of Transportation and a brief description of the holder for purposes of identification.”
Section 7. Severability Clause.
If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to that end the provisions of this act are declared to be severable.
SYNOPSIS
The
U.S. Department of Homeland Security established minimum standards for
state-issued driver licenses and identification cards that federal agencies
would accept when |
Author: Sen. Bushweller