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State Solutions: REAL ID PDF Print E-mail
Written by PT Editors   
Wednesday, 05 September 2007
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The federal REAL ID Act has inspired more than its share of controversy since its 2005 launch. Twenty-six states have flatly rejected it, and Arizona has even introduced a measure requiring state agencies to "report any attempts by the U.S. Department of Homeland Security to force implementation." PT provides the definitive rundown across the country.

Source: National Conference of State Legislatures


CONSIDERING:

State

Status

State Solutions to REAL ID

Alaska

House Bill 3 is pending.

Sponsored by Rep.Bob Lynn (R), the bill states that the licensing department may not issue a driver's license without valid evidence that the applicant is a U.S. citizen or other approved category and that the applicant is lawfully present in the U.S.

California

Assembly Bill 1433 is pending.

Sponsored by Assemblymember Bob Huff (R), the bill allows identity source documents to be submitted to the DMV electronically, and requires the DMV to maintain electronic copies of identity source documents for a minimum of 10 years. The measure also devises the format of driver's licenses and identification cards to conform with the standards in the REAL ID Act, and prohibits the issuance of a driver's license to a person who holds a driver's license in another jurisdiction.

Connecticut

Senate Bill 1124 is pending.

Sponsored by Senator Louis C. DeLuca (R), the bill sets aside between $250,000 and $300,000 for the Department of Motor Vehicles to report on the impact of the Real ID Act to the General Assembly no later than September 15, 2007.

Illinois

House Bill 1100 is pending.

Sponsored by Representative Edward Acevedo (D), this bill allows the state department of motor vehicles to issue an alternative driver's certificate to immigrants who cannot get a REAL ID driver's license. The driving certificate must state clearly on its face that it cannot be used as identification for federal purposes.

Kansas

House Bill 2390 is pending.

Sponsored by the Committee on Veterans, Military and Homeland Security, the bill changes Kansas driver's license requirements to match some REAL ID sections. Includes specific provisions related to lawful presence, security clearances for people involved in the driver's license issuance process, fraud recognition programs, security at DMV locations, retention of documents and sharing driver records with other jurisdictions.

Maine

House Bill 376 has been enacted.

Sponsored by Representative Ronald Collins (R), this bill requires an applicant for a driver's license or a non-driver identification card who is a non-immigrant, provide written proof, evidence, or documentation to the Secretary of State that the applicant's presence in the U.S. is authorized under federal law. It further stipulates that a Maine driver's license or non-driver identification card is not valid past the expiration date of the non-immigrant's permission to remain in the U.S.

Nebraska

LB 285 is pending.

Sponsored by the Transportation and Telecommunications Committee, the bill authorizes the state Department of Motor Vehicles to do all things necessary to comply with the federal REAL ID Act.

New Hampshire

House Bill 273-FN is pending.

Sponsored by Representative Peyton B. Hinkle (R), this bill states that New Hampshire driver's licenses may be issued to persons who are not citizens of the U.S. and living in the state on a temporary basis. The bill also creates requirements for issuance and specifies that the license will expire when the person's visa expires, but no longer than five (5) years from the date of issuance. The licensed issued has to be clearly distinguishable from other driver's licenses issued by the state.

New Jersey

Senate Resolution 74 is pending.

Sponsored by Senator Gerald Cardinale (R), this bill memorializes the U.S. Department of Homeland Security to promulgate regulations for REAL ID that ensure states have direct links to verifiable, accurate and timely data regarding immigration status, duration of stay and application filings.

New York

Assembly Bill 1768 is pending.

Sponsored by Assembly member Clifford Crouch, the bill requires applicants for a driver's license or non-driver identification card to submit proof of lawful presence in the United States.

North Carolina

House Bill 1473 is pending.

Sponsored by Representative Henry Michaux (D), this North Carolina budget bill requires the North Carolina Department of Transportation to report the projected costs of REAL ID implementation to the legislature.

Ohio

House Bill 67 has been enacted.

Sponsored by Representative Tom Patton (R), this bill suggests that the Director of Public Safety request an extension of time from the Department of Homeland Security in order to enable Ohio to implement the rules proscribed by the REAL ID Act. The Director of Public Safety has until October 1, 2007 to request an extension.

Oregon

House Bill 2270 is pending.

Printed by Speaker at the request of the Governor, this bill is intended to conform certain provisions of Oregon law to the federal REAL ID Act of 2005. This includes legal presence requirements for driver's license issuance; it also requires the Department of Transportation to maintain records of identity source documents, as well as certain acceptable documents to prove identity.

Texas

Senate Bill 1250 is pending.

Sponsored by Representative Glen Donnelson (R), this bill urges the U.S. Department of Homeland Security to suspend implementation of REAL ID; and Congress to repeal REAL ID.

Virginia

House Bill 1586 is pending.

Sponsored by delegate Adam P. Ebbin (D), the bill would allow the state to issue a "certificate of driving" to applicants who could not prove their legal status in the U.S., but fulfill all the other requirements to obtain a Virginia driver's license.

Wisconsin

Senate Bill 40 is pending.

Sponsored by the Joint Committee on Finance, this state budget bill includes a provision to incorporate the requirements of REAL ID into state law. Also, it requires the state to enter into the Driver's License Agreement.

 

 

REJECTED:

State

Status

State Solutions to REAL ID

Arizona

Senate Bill 1152 is pending.

Sponsored by Senator Karen Johnson (R), this bill prohibits the implementation of REAL ID and requires states agencies to report any attempts by the U.S. Deparment of Homeland Security to force implementation.

Arkansas

House Bill 2528 is pending.

Sponsored by Representative Bill Abernathy (D), it is intended to opt out of the REAL ID Act; and prohibits the compromise of the privacy of driver's license applicants. It also prohibits the sharing of driver's license data with other jurisdictions, as well as the entrance into any agreement that violates these provisions.

Colorado

House Joint Resolution 1047 is pending.

Sponsored by Representative Jack Pommer (D), the bill resolves that the Colorado General Assembly supports the U.S. Government's fight against the Global War on Terror, and that the war will not be waged at the expense of civil rights and liberties of the citizens. It also opposes any part of the Real ID Act that violates the rights and liberties guaranteed under the Colorado Constitution and the U.S. Constitution, and resolves that the Colorado General Assembly will enact no legislation nor authorize any appropriation for the passage of Real ID unless it is for a study that analyzes REAL ID costs or to fund a legal challenge to the Act. The bill also urges Congress to repeal REAL ID.

District of Columbia               

Senate Bill 1124 is pending.

Sponsored by Councilmember Phil Mendelson, the bill urges Congress to repeal the REAL ID Act.

Georgia

Senate Bill 5 has been enacted.

Sponsored by Senator Mitch Seabaugh (R), this bill authorizes the Governor to delay Georgia's compliance with certain provisions of the REAL ID Act until the U.S. Department of Homeland Security expressly guarantees through defined safeguards that the Act will not violate the economic privacy or biological sanctity of any citizen of the state of Georgia. The bill also requires that the Georgia Department of Driver Services can only accept a secure and verifiable document to prove identification.

Hawaii

SCR 28 is pending.

Sponsored by Senator Colleen Hanabusa (D), this bill supports the passage of United States Senate Bill 4117, and any other legislation that calls for the repeal, amendment, or provision of proper funding for the implementation of the REAL ID Act of 2005.

Idaho

House Bill 307 has been enacted.

Sponsored by the House Appropriations Committee, this is a bill for the Department of Health and Welfare. Section 19 appropriates $0.00 for REAL ID implementation in FY 2008.

Kentucky

HCR 122 is pending.

Sponsored by Representative Mary Lou Marzian (D), this bill urges Congress to repeal the REAL ID Act, and resolves that Kentucky will not misuse driver's license information by contracting with private parties that sell the information. It also encourages the state Attorney General to review the security and privacy protections surrounding all personal information collected by the state.

Louisiana

HCR 20 is pending.

Sponsored by Representative Shirley Bowler (R), this bill memorializes Congress to repeal the REAL ID Act.

Maryland

House Bill 1381 is pending.

Sponsored by delegate Henry Heller (D), this bill requires the Motor Vehicle Administration to submit a report to the legislature and the governor about the requirements and costs for implementation of REAL ID.

Massachusetts

Senate Bill 2138 is pending.

Sponsored by Senator Richard Moore (D), memorializes Congress on the implementation of REAL ID; and opposes any portion of REAL ID that violates the rights and liberties guaranteed under the Constitutions of the United States and Massachusetts. It also resolves not to comply with REAL ID until the Act is fully funded by the federal government, and urges Congress to fully fund or repeal REAL ID.

Michigan

HCR 25 is pending.

Sponsored by Rep. John Espinoza (D), this bill urges Congress to repeal the REAL ID Act and expresses the intent of the legislature to not comply and appropriate no money for REAL ID implementation. It also expresses the legislature's intent to protect the privacy of citizens.

Minnesota

House Bill 1438 is pending.

Sponsored by Representative Carlos Mariani (DFL), the bill prohibits the Commissioner of Public Safety from complying with the REAL ID Act. This serves as a companion to SB 984.

Missouri

House Bill 868 is pending.

Sponsored by Representative Jim Guest (R), this bill states that Missouri citizens shall not have his or her privacy rights compromised when obtaining a driver's license. Any information obtained from a person's driver's license application shall not be shared with any other organization or any other state without the express permission of the applicant; and that the state shall not participate in any national identification program using driver's licenses.

Montana

House Bill 287 has been enacted.

Sponsored by Representative Brady Wiseman (D), the bill directs the Montana Department of Justice and the motor vehicle administration not to participate in the federal REAL ID Act and to report to the Governor any attempts by the federal Department of Homeland Security to secure implementation of REAL ID.

Nevada

Assembly Bill 547 is pending.

Sponsored by the Department of Administration, this bill exempts costs for REAL ID implementation from the statutory cap on costs of administration payable from the State Highway Fund.

New Mexico

HJM 13 is pending.

Sponsored by Representative W. Ken Martinez (D), this bill urges Congress to repeal REAL ID, and opposes implementation of REAL ID. It also defends the right of states to issue their own licenses according to their own license procedures; and resolves to enact no appropriation in New Mexico to implement REAL ID.

North Dakota

SCR 4040 has been enacted.

Sponsored by Senator Bob Stenehjem (R), this bill states that the Real ID Act will cost the state $14,000,000, invite identity theft and the invasion of privacy, and become an inconvenience to the people of North Dakota. The resolution urges the Congress to repeal the REAL ID Act.

Pennsylvania

House Bill 1351 is pending.

Sponsored by Representative Sam Rohrer (R), the bill prohibits the Governor, the Department of Transportation and other state agencies from complying with REAL ID until DHS guarantees that REAL ID will not compromise economic privacy or the biometric data of any Pennsylvania resident. It also prohibits REAL ID implementation until the Act is fully funded by the federal government, and allows the Governor or state Attorney General to file a court action to challenge the constitutionality or legality of REAL ID.

Oklahoma

HCR 1019 is pending.

Sponsored by Representative Darrell Gilbert (D), this bill opposes portions of REAL ID that violate the rights and liberties guaranteed by the Oklahoma and U.S.Oklahoma Constitutions. Urges the Congressional delegation to support the repeal of REAL ID.

Rhode Island

House Joint Resolution 5474 is pending.

Sponsored by Representative Al Gemma (D), the bill refuses Rhode Island to comply with the REAL ID Act and urges Congress to repeal the REAL ID Act.

South Carolina

H. 3989 has been enacted.

Sponsored by Representative Ralph Davenport (R), this bill provides a concurrent resolution that memorializes Congress to repeal or decline implementation of the REAL ID Act, and to oppose creation of a federal national identification card.

Tennessee

Senate Bill 2334 has been enacted.

Sponsored by Sen. Jim Kyle (D), this Tennessee appropriations bill appropriates money for REAL ID implementation.

Utah

House Resolution 2 has been enacted.

Sponsored by Representative Glen Donnelson (R), this bill urges the U.S. Department of Homeland Security to suspend implementation of REAL ID; and Congress to repeal REAL ID.

Vermont

House Joint Resolution 2 is pending.

Sponsored by Representative David Deen (D), this bill urges Congress to repeal or amend REAL ID, and asks Congress to appropriate funds for REAL ID implementation and adopt recommendations developed by NCSL, NGA and AAMVA.

Washington

Senate Bill 5087 has been enacted.

Sponsored by Senators Haugen (D), Swecker (R) and Murray (D), this bill prohibits state agencies from complying with REAL ID unless certain privacy and security conditions are met and Washington receives federal funds for compliance. It also authorizes the state attorney general to legally challenge REAL ID.

West Virginia

House Bill 3219 is pending.

Sponsored by delegate John Doyle (D), this bill provides that West Virginia will not participate in the REAL ID Act of 2005; and prohibits the West Virginia Department of Transportation from implementing REAL ID; and requires the DOT to report to the Governor any attempts by the U.S. Department of Homeland Security to secure implementation.

 

 NO PENDING LEGISLATION:

State

State Solutions to REAL ID

Alabama

No pending legislation

Deleware

No pending legislation

Florida

No pending legislation

Iowa

No pending legislation

Mississippi

No pending legislation

South Dakota

No pending legislation

Wyoming

No pending legislation 





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