Despite protest from drivers, West Virginia continues to be in compliance with the federal Real ID Act.
Steve Dale, deputy commissioner with the Division of Motor Vehicles, told a Legislative interim committee Aug. 14 the state decided soon after the act was passed in 2005 that it would comply with all mandates. This includes a new licensing process that requires drivers to present more documentation than was once required.
Dale said the licensing system in West Virginia has three facets and those aspects haven't changed all that much. To obtain a drivers license in West Virginia, residents must prove their identity and legal status.
"That means either a birth certificate or passport if you're a citizen or, if you're not a citizen and you're here legally, any number of immigration documents," Dale told the committee.
The second is a Social Security card.
"In accordance with federal rules, we're looking for the physical card you were first issued," Dale said. The DMV used to accept military IDs that listed Social Security numbers, but those are no longer accepted forms of proof. If a customers doesn't have his or her card, the DMV will accept a paycheck stub or a 1099 or W2 form.
The third is proof of residency. Previously, drivers only had to bring one proof of residency, such as a utility bill. Now, two are required. Both must have the name of the customer and physical address.
Dale said many customers ask why they must supply these documents each time. The Real ID act requires it, he said.
"One of the keys of the Real ID act is that that document be retained," he said. "That is a major requirement."
Dale admits women are singled out under this law because they must supply documentation of any name changes, such as marriage or divorce certificates. Men don't have to, unless they've changed their names at some point. However, Dale said loopholes have been carved out for people who have lost that documentation and can produce an affidavit saying those documents have been lost or destroyed.
Because West Virginia already had many of these requirements in place, transition to the Real ID system has been easy.
"West Virginia's compliance with Real ID was a lot easier than most other states," Dale told the committee. "Why? No. 1, West Virginia already had a legal presence requirement. We've had that on the books since 2002. In order to get a West Virginia drivers license, you had to show you were here legally and the license was only issued for the term you were legally presence. No. 2, we already had many of these requirements already in place."
The deadline for states to fully transition to Real ID is 2017, but West Virginia issues drivers licenses on a five-year cycle, Dale said. To prevent drivers from having to return to the DMV years before their licenses expire, Dale said all licenses issued under the old system will be valid until 2017 and can be used for any federal purpose.
"Because West Virginia is in compliance and has been determined to be in compliance by federal homeland security, all of our licenses in West Virginia will continue to be valid until 2017," Dale said. "They're going to allow our state to go through its normal cycle."
Transitioning to the Real ID system will allow the DMV to make some changes, Dale said, including possibly transitioning to an eight-year issuance of licenses. Because documents will be stored on a database, drivers may not have to return to the DMV for renewals — they may be able to do it via Internet or at kiosks.
"We have photos stored," he said. "The only type of information we would need from a remote location would be an updated vision screening and … facial recognition."
The DMV replaced its printers and cameras in 2008 and 2009. At the same time, the state was transitioning to Real ID, so much of the Real ID system was incorporated at little cost.
In addition, Dale said the state has received about $2 million in grants from the federal government for complying with Real ID.
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