Friday, February 17, 2012

Update: Substitute for SB 25 Real ID Act - By Pamela Portacarrero

I decided to get some answers and clarifications from Senator Kevin Van Tassell (R-Vernal) on February 14th regarding SB 25, as the bill has been modified since my last post.

This bill would make Utah comply with the Federal Real ID Act of 2005, which requires all states to implement a uniform federal identification card. This law emerged as part of a larger piece of legislation dealing with national defense and anti-terrorism measures after the attacks of September 11th, 2001. Legislators in Washington, along former president George W. Bush, saw the need for stricter guidelines when it came to identification documents, especially when used in federal buildings and airports. Having a national identification card that meets the same requirements and format throughout every state would make screenings at airports, and other federal public sites, less burdensome on travelers and TSA officials, and increase safety with a more precise and effective method of identifying someone's identity.

Overall, it is in the best interest of our State to implement this law because 1) it will increase security throughout states, 2) hindrances in honoring and validating other states' identification documents will cease to exist, and 3) it is federal law.

As for the recent amendments in Van Tassell's bill, the words Real ID Act have been removed, and there is no mention as to whether Utah will be complying with the federal mandate. However, Senator Van Tassell said that just because the wording was modified does not mean Utah is refusing to comply. He confirmed that Utah’s intent to follow federal law is implied in the other provision to the bill: prohibiting residents from carrying both a Utah driver’s license and state identification card.

Prohibiting the possession of both a Utah driver’s license and State Identification card at the same time is part of the steps to get Utah “on track” to full implementation of the Real ID Act, according to Van Tassell. Mandating that citizens can only possess one form of ID meets one of the requirements imposed by the federal government.

So far it looks like Utah is moving in the right direction, not with much rush or urgency, but with a steady pace nonetheless, or so it seems. So what would this mean for Utah residents if SB25 were to pass? Starting July 1st, 2012 all persons carrying a Utah identification card who wish to apply for a driver’s license would have to surrender or cancel their card. Also, persons who are currently carrying a driver’s license and wish to apply for an identification card would then have to either cancel or surrender their license. As for those who are currently carrying both, they can keep both until December 1st, 2014, but after that date, they would have to surrender one or the other.

3 comments:

  1. For where Utah is in regard to the rest of the country in implementing REAL ID, please see REAL ID implementation update found at the Center for Immigration Studies website at http://cis.org/real-id-implementation-report.
    This assessment concludes that states (1) see tremendous value in pursuing REAL ID standards in reducing fraud, increasing efficiencies, improving customer service, and supporting law enforcement; (2) are willing to pay for those improvements with their own budgets outside of federal grant monies; and (3) are often exceeding REAL ID minimum standards in order to achieve more complete credentialing security. This study finds that 53 states and territories are embracing REAL ID or the technical tenets of REAL ID and 36 will likely be compliant by the deadline of Jan. 15, 2013. Thanks, Janice Kephart

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    1. Thank you Janice for your insight. I truly appreciate you providing us with the assessment showing states' progress with the implementation of this act. Personally, I am glad to see Utah moving in the right direction and reversing previous legislation that would have prohibited the state from implementing federal law. Thanks for following our posts and all the work you do in Washington. Looking forward to your updates.
      Pamela Portocarrero

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