Obama Citizenship

UT State Rep Introduces Bill Opting State Out of REAL ID Act (10th Amendment)

By Phil

Utah State Rep. Sandstrom introduced HB 325 last week.

Following is the text of the bill.

A current listing of State-based initiatives can be found here.

OPTING OUT OF THE REAL ID ACT

2 2009 GENERAL SESSION

3 STATE OF UTAH

4 Chief Sponsor: Stephen E. Sandstrom

5 Senate Sponsor: ____________

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 the REAL ID Act of

15 2005;

16 < prohibits the Driver License Division from implementing the provisions of the

17 REAL ID Act of 2005; and

18 < requires the Driver License Division to report any attempts to implement the

19 provisions of the REAL ID Act of 2005 to the governor.

20 Monies Appropriated in this Bill:

21 None

22 Other Special Clauses:

23 None

24 Utah Code Sections Affected:

25 ENACTS:

26 53-3-104.5, Utah Code Annotated 1953

Be it enacted by the Legislature of the state of Utah:

29 Section 1. Section 53-3-104.5 is enacted to read:

30 53-3-104.5. Legislative finding — Prohibition on implementing REAL ID Act.

31 (1) As used in this section, “REAL ID Act” means the REAL ID ACT of 2005 enacted

32 by the United States Congress as part of the Emergency Supplemental Appropriations Act for

33 Defense, the Global War on Terror, and Tsunami Relief Act, Pub. L. No. 109-13.

34 (2) The Legislature finds that the United States Congress’ enactment of the REAL ID

35 Act into law:

36 (a) is inimical to the security and well-being of the people of this state;

37 (b) will cause unneeded expense and inconvenience to the people of this state; and

38 (c) was adopted in violation of the principles of federalism contained in the 10th

39 amendment to the United States Constitution.

40 (3) (a) The state may not participate in the implementation of the REAL ID Act.

41 (b) The division:

42 (i) may not implement the provisions of the REAL ID Act; and

43 (ii) shall report to the governor any attempt by an agency or an agent of the United

44 States Department of Homeland Security to secure the implementation of the REAL ID Act

45 through the operations of the division.

-Phil

Full post as published by The Right Side of Life on February 11, 2009 (boomark / email).