Administrative Rule Review Report  #AR11-065

Legislative Service Office

21-Nov-11

AGENCY: Department of Transportation

DATE SUBMITTED: 11/17/2011

SUBJECT: Chapter 1, Driver's Licenses

NATURE OF RULES                    Legislative, interpretive, procedural.

STATUTORY AUTHORITY:        W.S. 24-2-105, 31-7-103, 31-7-305, 31-7-310 and 31-7-401.

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28-9-103(d).  No comments have been received to date.  No public comments were received by the Agency during the public comment period.

SUMMARY OF RULES:

The agency adopted new rules regarding driver's licenses resulting from the enactment of a variety of laws over the last three years: 2011 SF 18 (2011 Session Laws Ch. 31), 2011 SF 137 (2011 Session Laws Ch. 39), 2011 HB 194 (2011 Session Laws Ch. 168), 2010 SF 19 (2010 Session Laws Ch. 5), 2009 SF 38 (2009 Session Laws Ch. 35), 2009 SF 74 (2009 Session Laws Ch. 192), 2009 SF 88 (2009 Session Laws Ch. 160) and 2009 HB 190 (2009 Session Laws Ch. 155).  The new rules amend Chapter 1, Driver's Licenses by:

· Revising and adding general definitions;

· Referencing relevant Code of Federal Regulation standards;

· Specifying what documents can be used to provide proof of identity and what identification is necessary for persons who are not U.S. citizens;

· Establishing standards for the issuance or cancellation of commercial driver's licenses, including requirements for the presentation of valid medical examiner certificates;

· Setting time limits for the reissue of driver's licenses to military personnel;

· Adopting "valid without signature " driver's license standards similar to those for "valid without photo" licenses;

· Amending standards for when driving skill tests are required;

· Removing specified annual vision statement requirements and identifying vision problems that justify the denial or suspension of a license;

· Adjusting fees regarding record requests;

· Setting time limits for giving notice of undelivered licenses or I.D. cards;

· Specifying that the offense date shall be used for the purpose of considering prior moving violations in license suspension actions;

· Requiring a record of conviction prior to specified license suspensions;

· Stating the suspension periods for various alcohol-related offenses;

· Clarifying and amending standards related to substance abuse violations and treatment requirements, including ignition interlock program requirements and compliance;

· Amends the rules regarding ignition interlock restricted licenses to comply with new statutes regarding the qualifications and procedures for obtaining an ignition interlock license;

· Providing the requirements for ignition interlock program participants to receive the indigent person benefits described by W.S. 31-7-401(b)(vii);

· Making grammatical and paragraph numbering changes; and

· Specifying various small changes related to the procedures and qualifications necessary for the issuance of commercial and non-commercial driver's licenses.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent. Compliance with federal law has not been determined as it is assumed the Attorney General has provided such review.

STAFF RECOMMENDATION:       That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.  The Council should note the one technical issue, discussed below, and recommend that the Governor request that the issue be amended in the final rules.

Technical issues:  LSO notes that Chapter 1, Section 33(f)(i) references W.S. 31-7-401(b)(iii).  This reference likely was intended to be to W.S. 31-7-401(b)(vii).

_______________________

Ian Shaw

Staff Attorney

_______________________

Lynda G. Cook

Staff Attorney

IDS/cj