First Substitute H.B. 234

This document includes Senate Committee Amendments incorporated into the bill on Fri, Feb 26, 2010 at 8:45 AM by rday. -->

Representative Stephen E. Sandstrom proposes the following substitute bill:

1 OPTING OUT OF THE REAL ID ACT
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Stephen E. Sandstrom
5 Senate Sponsor: Margaret Dayton
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Uniform Driver License Act by amending provisions relating to
10 the federal REAL ID Act of 2005.
11 Highlighted Provisions:
12 This bill:
13 . provides legislative findings regarding the federal REAL ID Act of 2005;
14 . prohibits the state from participating in the implementation of S. [ :
15 . ] .S the REAL ID Act of 2005; S. [ or
16 . any national identification card system that may be enacted by the United States
17 Congress; ] .S
18 . prohibits the Driver License Division from implementing the provisions of S. [ :
19 . ] .S the REAL ID Act of 2005; S. [ or
20 . any national identification card system that may be enacted by the United States
21 Congress; ] .S
22 . requires the Driver License Division to report to the governor any attempts to
23 implement the provisions of S. [ :
24 . ] .S the REAL ID Act of 2005; S. [ or
25 . any national identification card system that may be enacted by the United States ] .S

26 S. [ Congress; ] .S and
27 . provides that the Driver License Division may comply with provisions of the REAL
28 ID Act that are already:
29 . adopted by administrative rule; or
30 . authorized under this code.
31 Monies Appropriated in this Bill:
32 None
33 Other Special Clauses:
34 None
35 Utah Code Sections Affected:
36 ENACTS:
37 53-3-104.5, Utah Code Annotated 1953
38
39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 53-3-104.5 is enacted to read:
41 53-3-104.5. Legislative finding -- Prohibition on implementing REAL ID Act.
42 (1) As used in this section, "REAL ID Act" means the REAL ID Act of 2005 enacted
43 by the United States Congress as part of the Emergency Supplemental Appropriations Act for
44 Defense, the Global War on Terror, and Tsunami Relief Act, Pub. L. No. 109-13.
45 (2) The Legislature finds that the United States Congress' enactment of the REAL ID
46 Act into law:
47 (a) is inimical to the security and well-being of the people of this state;
48 (b) will cause unneeded expense and inconvenience to the people of this state; and
49 (c) was adopted in violation of the principles of federalism contained in the Tenth
50 Amendment to the United States Constitution.
51 (3) (a) The state may not participate in the implementation of S. [ :
52 (i) ] .S the REAL ID Act S. [ ; or
53 (ii) any national identification card system that may be enacted by the United States
54 Congress. ] .S
55 (b) The division:
56 (i) may not implement S. [ : ] .S

57 S. [ (A) ] .S the provisions of the REAL ID Act S. [ ; or
58 (B) any national identification card system that may be enacted by the United States
59 Congress ] .S ; and
60 (ii) shall report to the governor any attempt by an agency or an agent of the United
61 States Department of Homeland Security to secure the implementation of S. [ :
62 (A) ] .S the REAL ID Act S. [ ; or
63 (B) any national identification card system that may be enacted by the United States
64 Congress ] .S .
65 (4) This Section does not preclude the division from complying with provisions of the
66 REAL ID Act that are already:
67 (a) adopted by administrative rule; or
68 (b) authorized under this code.