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Law

WY House Bill 5

Notary Law Update: WY House Bill 5

State: Wyoming

Summary:

Wyoming will now allow residents to obtain a digital driver's license and identification card to supplement the use of physical IDs.

Signed:  March 06, 2020

Effective:  July 01, 2020

Chapter: 15

Affects:

Amends Sections 8-1-102, 31-5-1205, 31-7-102, 31-7-103, 31-7-106, 31-7-113, 31-7-115, 31-7-116, 31-7-119, 31-7-131, 31-7-137, 31‑8‑101, 31‑8‑102, 31‑8‑103, 31‑8‑104 and 31‑8‑105 of the Wyoming Statutes.

Changes:
  1. Defines a "digital driver's license" as a secure electronic representation of a physical driver's license that is stored on the driver's portable electronic device and may be viewed or verified by a person to whom access is allowed.
  2. Defines a “digital identification card” as a secure, electronic representation of a physical identification card that is stored on the registrant's portable electronic device and may be viewed or verified by a person to whom access is allowed.
  3. Provides that a digital driver’s license or digital identification card is optional to purchase, supplemental to a physical driver’s license or identification card and may be accepted in lieu of a physical driver’s license or identification card at the option of the person requesting or requiring proof of identification.
  4. Clarifies that a registrant may display a digital identification card by providing access to the digital identification card on the registrant's portable electronic device.
  5. Prohibits law enforcement or judicial officers demanding display of a registrant's digital driver’s license or identification card for any identification verification purpose from taking custody of the registrant's portable electronic device.
  6. Clarifies that the display of a digital driver’s license or identification card shall not serve as consent to search the registrant's portable electronic device.
  7. Provides procedures for obtaining a digital driver’s license or identification card.
Analysis:

Wyoming becomes the latest state to allow residents to obtain a digital driver’s license and identification card. A digital driver’s license and identification card are housed on the bearer’s portable electronic device and may be displayed in any situation in which a physical driver’s license or identification card would be displayed, including for a notarial act in front of a Notary. The new law requires these digital IDs to be designed to protect to the maximum extent practicable the holder’s privacy and to use privacy-enhancing technologies and security methods. They also must be designed so there is no need for the holder to relinquish possession of the portable electronic device in which the digital ID is stored to present them. The fiscal note for the bill anticipates on average 160,000 digital IDs to be issued each year and for 20-30% of all Wyomingites to use them.

Read the text of the new law.

Knowledge Center