H.B. 449

1

IMPLEMENTATION OF FEDERAL REAL ID
2 ACT
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Glenn A. Donnelson
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Uniform Driver License Act by amending provisions relating to
11 the federal REAL ID Act of 2005.
12 Highlighted Provisions:
13 This bill:
14 . provides legislative findings regarding the federal REAL ID Act of 2005;
15 . prohibits the state from participating in the implementation of the REAL ID Act of
16 2005;
17 . prohibits the Driver License Division from implementing the provisions of the
18 REAL ID Act of 2005; and
19 . requires the Driver License Division to report any attempts to implement the
20 provisions of the REAL ID Act of 2005 to the governor.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 ENACTS:
27 53-3-104.5, Utah Code Annotated 1953

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 53-3-104.5 is enacted to read:
31 53-3-104.5. Legislative finding -- Prohibition on implementing REAL ID Act.
32 (1) As used in this section, "REAL ID Act" means the REAL ID ACT of 2005 enacted
33 by the United States Congress as part of the Emergency Supplemental Appropriations Act for
34 Defense, the Global War on Terror, and Tsunami Relief Act, Pub. L. No. 109-13.
35 (2) The Legislature finds that the United States Congress' enactment of the REAL ID
36 Act into law:
37 (a) is inimical to the security and well-being of the people of this state;
38 (b) will cause unneeded expense and inconvenience to the people of this state; and
39 (c) was adopted in violation of the principles of federalism contained in the 10th
40 amendment to the United States Constitution.
41 (3) (a) The state may not participate in the implementation of the REAL ID Act.
42 (b) The division:
43 (i) may not implement the provisions of the REAL ID Act; and
44 (ii) shall report to the governor any attempt by an agency or an agent of the United
45 States Department of Homeland Security to secure the implementation of the REAL ID Act
46 through the operations of the division.




Legislative Review Note
as of 2-7-08 9:13 AM

Office of Legislative Research and General Counsel