Wyoming 2025 Regular Session

Wyoming House Bill HB0023 Latest Draft

Bill / Enrolled Version Filed 02/18/2025

                            ORIGINAL HOUSE ENGROSSED
BILL NO. HB0023
ENROLLED ACT NO. 14, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
1
AN ACT relating to motor vehicles; repealing requirements 
to physically surrender a driver's license; repealing 
temporary licenses; requiring peace officers to submit 
signed statements to the department of transportation after 
alcohol concentration tests for persons under twenty-one 
(21) years of age as specified; clarifying the timeline for 
contested case hearings as specified; repealing obsolete 
provisions; making conforming amendments; providing 
rulemaking authority; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
31-6-108(f), 31-7-113(e), 31-7-116, 31-9-105 and 
31-9-106(a) are amended to read:
31-6-102.  Test to determine alcoholic or controlled 
substance content of blood; suspension of license.
(f)  In addition to the signed statement submitted 
under subsection (e) of this section, the peace officer 
shall 
in lieu of the license authorized under W.S. 31-7-138.  
This temporary license shall be valid for thirty (30) days, 
shall not be renewed, shall contain a  notice 
person. The notice shall state that the person has twenty 
(20) days from the date of  within which 
to request a hearing from the department and that failure 
to timely request a hearing will result in the suspension 
automatically commencing 
after the date of the  or 	upon 
expiration  of any existing suspension or 
revocation if the person's license or privilege is 
currently suspended or revoked at the time the 
license is issued. W.S. 31-7-138(d) and (e) apply to a  ORIGINAL HOUSE ENGROSSED
BILL NO. HB0023
ENROLLED ACT NO. 14, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
2
license under this section . 
For purposes of this section, the peace officer acts as an 
agent for the department when providing notice of the 
suspension and notice of the opportunity for a hearing. 
W.S. 31-7-137 applies to a notice under this act. Failure 
to  a hearing within the twenty (20) day 
period is a waiver of the right of hearing, and the 
suspension shall commence 
license  or 
upon  of any existing suspension 
or revocation if the person's license or privilege is 
currently suspended or revoked at the time the 
license is issued . If a 
timely 
shall forward the  to the independent hearing 
examiner who shall schedule a hearing within forty-five 
(45) days after receipt of the request  
and provide the 
notice of the hearing. The hearing shall be conducted by 
the hearing examiner. If the hearing examiner fails to 
schedule the hearing within forty-five (45) days of the 
request , other than at the request of 
the 
remedy, shall be given credit against any action upheld at 
the hearing for the time between the expiration of the 
forty-five (45) day period and the date the hearing was 
first scheduled.
31-6-104.  Right to petition for subsequent hearing; 
suspension applies to all licenses held; persons not 
required to take test.
(b)  A suspension under this act applies to all 
driver's licenses held by the person. and all driver's 
licenses shall be surrendered to the department. The  ORIGINAL HOUSE ENGROSSED
BILL NO. HB0023
ENROLLED ACT NO. 14, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
3
department shall physically retain the license or licenses 
during the period of suspension except as provided in W.S. 
31-7-138(f).
31-6-108.  Implied consent requirements for youthful 
drivers.
(f)  If a test discloses an alcohol concentration of 
two one-hundredths of one percent (0.02%) or more, the 
peace officer shall 
similar to but in lieu of the license authorized under W.S. 
31-7-138. This temporary license shall be valid for thirty 
(30) days, shall not be renewed, 
statement to the department. In addition to the signed 
statement submitted under this subsection, the peace 
officer shall  notice 
the person has twenty (20) days from the date 
of the notice within which to request a hearing from the 
department pursuant to W.S. 31-7-105 and that failure to 
timely request a hearing will result in the period of 
suspension or license denial automatically commencing 
expiration of the temporary license 
the date of the notice or upon  of 
any existing suspension or revocation if the person's 
license or privilege is  suspended or revoked at 
the time the 
provides notice. For purposes of this section, the peace 
officer acts as an agent for the department when providing 
notice of the suspension and notice of the opportunity for 
a hearing. W.S. 31-7-137 applies to a notice under this 
act. Failure to 
(20) day period is a waiver of the right of hearing, and 
the period of suspension or denial shall commence 
expiration of the temporary license 
the date of the notice or upon  of  ORIGINAL HOUSE ENGROSSED
BILL NO. HB0023
ENROLLED ACT NO. 14, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
4
any existing suspension or revocation if the person's 
license or privilege is  suspended or revoked at 
the time the 
license issued under this subsection shall afford no 
driving privilege to a person who is not otherwise licensed 
to drive a motor vehicle . 
signed statement submitted by the officer under this 
subsection shall contain:
(i)  His probable cause to believe the person was 
driving or in actual physical control of a motor vehicle:
(A)  On a public street or highway in this 
state;
(B)  In violation of W.S. 31-5-234(b) or any 
other law prohibiting driving under the influence as 
defined by W.S. 31-5-233(a)(v).
(ii)  That a test was taken of the person; and 
(iii)  The person had an alcohol concentration of 
two one-hundredths of one percent (0.02%) or more.
31-7-113.  Fees.
(e)  f a driver's 
license is reinstated after a period of suspension or 
revocation, the fee for the reinstatement shall be fifty 
dollars ($50.00) unless the final decision by the hearing 
examiner, or a court reverses the action taken by the 
department. If a driver's license is reinstated after 
suspension for nonpayment of child support pursuant to W.S. 
20-6-111 or 20-6-112, the fee for reinstatement shall be 
not more than five dollars ($5.00). ORIGINAL HOUSE ENGROSSED
BILL NO. HB0023
ENROLLED ACT NO. 14, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
5
31-7-116.  Carrying and displaying.
Every licensee shall have his driver's license in his 
immediate possession at all times when driving a motor 
vehicle and shall display the license upon demand of any 
judicial officer, municipal court judge, any officer or 
agent of the division or any police officer as defined in 
W.S. 31-5-102(a)(xxxiii). However, no person charged with 
violating this section shall be convicted if he produces in 
court a driver's license previously issued to him and valid 
at the time of his arrest. For the purposes of this section 
"display" of a physical license means the surrender of the 
physical license to the demanding officer. After 
examination the officer shall immediately return the 
license to the licensee. 
31-5-1205(k). , "display" of a 
digital driver's license means that a licensee may provide 
access to the digital driver's license on the licensee's 
portable electronic device. No law enforcement or judicial 
officer demanding display of a licensee's digital driver's 
license for any licensing or identification verification 
purpose shall take custody of the licensee's portable 
electronic device. Display of a digital driver's license 
shall not serve as consent to search the driver's portable 
electronic device. Nothing in this section shall be 
construed to require a person, other than the department if 
it has chosen to issue a digital driver's license, to 
accept a digital driver's license or otherwise require the 
purchase of equipment to verify the accuracy of a digital 
driver's license.
31-9-105.  Return of registration to division. ORIGINAL HOUSE ENGROSSED
BILL NO. HB0023
ENROLLED ACT NO. 14, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
6
Any person whose 
this act, or whose policy of insurance or bond, when 
required under this act, is cancelled or terminated, or who 
neglects to furnish other proof upon request of the 
division shall immediately return  
registration to the division. If any person fails to return 
to the division the 
the division shall direct any peace officer to confiscate 
and return the 
31-9-106.  General penalties.
(a)  Any person willfully failing to return a 
or 
not more than seven hundred fifty dollars ($750.00).
Section 2.  W.S. 8-1-102(a)(xvii), 31-5-1205(k), 
31-7-131, 31-7-133(a)(iv) and 31-7-138 are repealed.  
Section 3.  The department of transportation shall 
promulgate rules as necessary to implement this act. ORIGINAL HOUSE ENGROSSED
BILL NO. HB0023
ENROLLED ACT NO. 14, HOUSE OF REPRESENTATIVES
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
7Section 4. 
(a)  Except as provided in subsection (b) of this 
section, this act is effective July 1, 2025.
(b)  Sections 3 and 4 of this act are effective 
immediately upon completion of all acts necessary for a 
bill to become law as provided by Article 4, Section 8 of 
the Wyoming Constitution. 
(END)
Speaker of the HousePresident of the SenateGovernorTIME APPROVED: _________DATE APPROVED: _________
I hereby certify that this act originated in the House.
Chief Clerk