National Conference of State Legislatures Transportation Re v i e w En h a n c e d Dr i v e r 's Li c e n s e s a n d REAL ID: Dr i v e r 's Li c e n s e Up d a t e by Anne Teigen July 2009

Beginning June 1,2009, the 17 states that border or and countless port cities will require U.S. citizens re-entering the United States by land or sea to show a or other approved document. Citizens from Canada and Mexico who enter the United States also will have to show approved documentation. These new requirements affect business and vacation travelers as well as industry. A state-issued, enhanced driver’s license can be issued to citizens who want to cross the borders without using a passport.

Enhanced Driver’s Licenses and the Western Hemisphere Travel Initiative

The Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) mandates the Department of Homeland Security (DHS) and Department of State (DOS) to develop and implement a plan to require U.S. citizens and foreign nationals to present a passport or other appropriate identity and citizenship documentation when entering the United States from Canada, Mexico and other Caribbean countries. DHS and DOS developed the Western Hemisphere Travel Initiative (WHTI) to implement the congressional mandate. The initiative requires all U.S. citizens entering the United States at sea or land ports of entry to show proof of identity and proof of U.S. citizenship by presenting a passport, a passport card or other documents approved by the DHS.1 All U.S. residents traveling by air must present a U.S. passport when returning to the United States.

One document approved by DHS for use at border crossings is an enhanced driver’s license issued by the state. As of May 2009, , , , and , had Co n t e n t s implemented enhanced driver’s license programs approved by the Department of Homeland Enhanced Driver's Security. Licenses and the Western Hemisphere The Washington Legislature passed an enhanced driver’s licensing bill in 2007. The bill provided Travel Initiative...... 1 that the state Department of Licensing could enter into a memorandum of understanding with Enhanced Driver's any federal agency to develop a border crossing initiative that requires citizens to show citizenship Licenses and the Question of and identification. Washington began issuing an enhanced driver license and ID card (EDL/ID) Privacy...... 2 on January 22, 2008. The licensing department states, “The EDL/ID securely denotes identity How Do Enhanced and citizenship, and is an acceptable alternative to a passport for re-entry into the U.S. at land Driver's Licenses and sea border crossings.” Differ from REAL ID?...... 3 The Washington program is not mandatory, but people who would like to travel with ease to The Latest on British Columbia on a regular basis can obtain an enhanced driver’s license and use it instead REAL ID...... 3 of a passport. A applicant for an enhanced license must provide proof of citizenship, identity Appendix. Summary and state residency. The law also requires that the enhanced driver’s licenses include biometric of State Action on technology and radio frequency identification. REAL ID, 2006 to 2009...... 5

Na t i o n a l Co n f e r e n c e o f St a t e Le g i s l a t u r e s 7700 East First Place Phone: (303) 364-7700 Denver, 80230 Fax: (303) 364-7800 Enhanced Driver's Licenses and REAL ID: Driver's License Update

Biometrics is the use of digital technology to identify individuals based on their unique physical features. The Department of Licensing takes an applicant’s picture and keeps it in a database. When a license holder crosses the border, biometric technology compares facial characteristics— such as the distance between pupils and size and shape of facial features—of the database picture to the license picture.

The Washington enhanced driver’s license also features a vicinity radio frequency identification (RFID) chip. The Washington Department of Licensing describes the RFID as not containing

“any personal identifying information, just a unique reference number. At the border, the RFID reader will energize the RFID tag and transmit the EDL/ ID’s unique reference number back to the border officer. The number will be matched to our records to verify the information contained on the front of the EDL/ID card.”

The Department of Licensing has used data encryption, secure networks and firewalls to protect transmission of any enhanced driver’s license information.

Michigan passed an enhanced driver’s license bill in April 2008, and the program was approved by DHS in October 2008. Licenses became available to those who wanted one in April 2009. Cost for a license is $45 and it is delivered two to three weeks after application.

Although four states have enacted legislation and implemented enhanced driver’s license programs, the debate over these licenses remains. In 2009, introduced House bill 2426, which specifically states that Arizona will not develop an enhanced driver’s license. The bill passed the House; it did not reach the Senate and did not pass before the 2009 session ended. passed an enhanced driver’s license bill in 2009, but it states that the Office of Driver Services shall not include an electronic chip or RFID, which is required by DHS for all enhanced driver’s licenses. Without an RFID, an enhanced driver’s license from Arkansas will not comply with DHS regulations and may not be acceptable for border travel.

Enhanced Driver’s Licenses and the Question of Privacy

A state that chooses to produce enhanced driver’s licenses must enter into a Memorandum of Agreement with the Department of Homeland Security’s U.S. Customs and Border Protection Agency. The state and the agency then develop a comprehensive business plan and an information technology sharing agreement. The memorandums of agreement are public record, but the details of the business plans and computer systems are confidential.

There has been some concern about the information shared between state and federal governments. When a state issues an enhanced driver’s license, the RFID chip contains a string of numbers that can be used to look up a person’s information (date of birth, picture, height, address, etc). In the memorandum of agreement, the state can choose whether to submit the data and have the Department of Homeland Security keep the information in a secure database, or the state can choose to maintain its secure database. State privacy statutes may dictate what

2 National Conference of State Legislatures / Transportation Review Enhanced Driver's Licenses and REAL ID: Driver's License Update information can be shared with the federal government. In such cases, a state-run database may be necessary.

Some privacy groups are concerned that the information in the RFID chip in the EDL could be accessed by anyone who had a wand or scanner. The Department of Homeland Security maintains that the only information a scanner could detect would be a string of numbers.

How Do Enhanced Driver’s Licenses Differ from REAL IDs?

The Intelligence Reform and Terrorism Prevention Act of 2004 and the Real ID Act of 2005 contain provisions that affect state driver’s licensing but, the requirements and purposes of the two acts differ significantly.

Enhanced driver’s licenses comply with the requirements of the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) for the Western Hemisphere Travel Initiative. They are state-issued licenses that have been approved by the Department of Homeland Security to be used at land and sea border crossings.

Under the Real ID Act, unless states adopt federal standards for driver’s licenses and identification cards, the federal government will not accept the licenses or cards for federal purposes such as boarding commercial aircraft, entering a federal building or nuclear power plant, or other purposes as determined by the secretary of Homeland Security.

The Latest on REAL ID

In January 2008, the Department of Homeland Security issued the long-awaited final regulations on implementation of the REAL ID Act of 2005, a mere four months before the May 11, 2008, statutory implementation date. States were required to certify compliance to DHS by May 11, 2008, or request an extension until Dec. 31, 2009. All 56 U.S. jurisdictions received an initial extension. To merit a second extension through May 11, 2011, states must demonstrate material compliance with REAL ID by meeting many or all of 18 benchmarks.

By Dec. 1, 2014, states must begin issuing REAL IDs to applicants born after Dec. 1, 1964. The re-issuance process for all driver’s license and identification card holders is to be completed by Dec. 1, 2017. During any extension, the state’s non-REAL ID-compliant driver’s license and identification card will be recognized for federal purposes. States that choose not to comply or seek the second extension need not take action. After Dec. 31, 2009, however, their driver’s licenses and identification cards will not be recognized for federal purposes.

Legislators in 24 states had proposed 38 bills, resolutions or memorials related to REAL ID as of June 2009. and passed legislation in opposition to the act.

Legislative activity was markedly lower in 2008 and 2009 than in the previous years because of the recently released regulations. Arkansas, , , , , , , , , Virginia and introduced legislation in 2009 that would comply with REAL ID. About half those states, however, also introduced conflicting bills National Conference of State Legislatures / Transportation Review 3 Enhanced Driver's Licenses and REAL ID: Driver's License Update indicating the state’s refusal to comply. Table 1 contains information about legislation related to REAL ID. Further information about REAL ID is available on NCSL’s comprehensive website, www.ncsl.org/default.aspx?tabid=13577.

Note 1. WHTI-compliant travel documents for U.S. citizen travel via land or sea, as of January 31, 2008: Trusted traveler cards (NEXUS, SENTRI, or FAST), state-issued enhanced driver’s license (when available), enhanced tribal cards (when available), U.S. military identification with military travel orders, U.S. Merchant Mariner Document when traveling in conjunction with official maritime business, Native American tribal photo identification card, Form I-872 American Indian Card http://travel.state.gov/travel/cbpmc/cbpmc_2223.html

4 National Conference of State Legislatures / Transportation Review Enhanced Driver's Licenses and REAL ID: Driver's License Update

Appendix. Summary of State Action on REAL ID, 2006 to 2009

2006 Action 2007 Action 2008 Action 2009 Action Bill: HJR 13 Bill: HJR 130 Summary: Refusal Summary: Refusal to to comply, urges comply Congress to act Status: Not enacted Status: Not enacted Bill: SJR 122 Summary: Refusal to comply Status: Not enacted Bill: SB 189 Bill: HB 3 Bill: HB 390 Bill: HB 3 Summary: Requires Summary: Complying, Summary: Refusal to Summary: Refusal to proof of lawful presence, Requires proof of lawful comply comply sets expiration date at presence Status: Not enacted Status: Pending end of legal presence Status: Not enacted Status: Not enacted Bill: HJR 19 Summary: Urges Congress to act Status: Enacted

Bill: SB 202 Summary: Prohibits state implementation of REAL ID Status: Enacted

Arizona Bill: SB 1152 Bill: HB 2012 Bill: HB 2426 Summary: Refusal to Summary: State will Summary: Refusal to comply not accept ID from comply Status: Not enacted other states that do Status: Pending not require proof of Bill: SM1003 legal residence Summary: Urges Status: Not enacted Congress to act Status: Enacted Bill: HB 2677 Summary: Refusal to comply Status: Enacted

Bill: SCM 1008 Summary: Urges Congress to act Status: Not enacted

National Conference of State Legislatures / Transportation Review 5 Enhanced Driver's Licenses and REAL ID: Driver's License Update

Appendix. Summary of State Action on REAL ID, 2006 to 2009 (continued) 2006 Action 2007 Action 2008 Action 2009 Action Arkansas Bill: HB 2528 Bill: HB 1978 Summary: Refusal to Summary: Complying comply Status: Enacted Status: Not enacted

Bill: HCR 1035 Summary: Urges Congress to act Status: Not enacted

Bill: HCR 1037 Summary: Refusal to comply Status: Not enacted

Bill: SCR 16 Summary: Urges Congress to act Status: Enacted

Bill: SCR 22 Summary: Urges Congress to act Status: Enacted California* Bill: SB 1160 Bill: AB 1433 Bill: AB 2319 Bill: SB 60 Summary: Summary: Complying; Summary: Establishes Summary: Complying Complying; also allows identity verifying mail renewal system Status: Pending creates noncompliant documents to be that complies with alternative driver’s submitted electronically REAL ID licenses Status: Not enacted Status: Not enacted Status: Not enacted Bill: AJR 37 Bill: AJR 51 Bill: SB 1162 Summary: Urges Summary: Urges Summary: Complying Congress to act Congress to act Status: Vetoed by Status: Not enacted Status: Not enacted governor Bill: SB 60 Summary: Complying; also creates noncompliant alternative driver’s licenses Status: Not enacted *2005 Legislation. Bill: SB 451 Summary: Requires any applicant for a driver’s license to submit a thumbprint or fingerprintStatus: Not enacted

6 National Conference of State Legislatures / Transportation Review Enhanced Driver's Licenses and REAL ID: Driver's License Update

Appendix. Summary of State Action on REAL ID, 2006 to 2009 (continued) 2006 Action 2007 Action 2008 Action 2009 Action Colorado Bill: HJR 1047 Summary: Refusal to comply; urges Congress to act Status: Enacted

Bill: SB 177 Summary: Contains REAL ID impact study Status: Enacted Bill: SB 1124 Bill: SB 436 Summary: REAL ID Summary: Refusal to impact study comply Status: Not enacted Status: Not enacted

Bill: SB 731 Summary: Complying Status: Not enacted Bill: SB 74 Summary: Complying; allows the Dept. of Motor Vehicles to offer both REAL ID compliant and noncompliant licenses and identification cards Status: Pending District of Bill: PR17-427 Columbia Summary: Urges Congress to act Status: Not enacted No legislative action Bill: SB 5 Summary: Authorizes governor to delay REAL ID compliance until safeguards are guaranteed Status: Enacted Bill: HB 307 Bill: HB 606 Summary: Refusal to Summary: Refusal to comply comply Status: Enacted Status: Enacted

Bill: HJM 3 Summary: Refusal to comply; urges Congress to act Status: Enacted

National Conference of State Legislatures / Transportation Review 7 Enhanced Driver's Licenses and REAL ID: Driver's License Update

Appendix. Summary of State Action on REAL ID, 2006 to 2009 (continued) 2006 Action 2007 Action 2008 Action 2009 Action Illinois Bill: HB 4748 Bill: HB 1100 Bill: HB 5344 Bill: HB 3629 Summary: Creates Summary: Alternative Summary: Creates Summary: Complying non-REAL ID driver’s driver’s licenses for non-REAL ID Status: Pending certificate immigrants driver’s certificate Status: Not enacted Status: Not enacted Status: Not enacted Bill: HB 4423 Summary: Complying Bill: HB 1556 Bill: HB 6105 Status: Pending Summary: Complying; Summary: creates non-REAL ID Appropriations for driver’s certificate REAL ID compliance Status: Not enacted Status: Not enacted

Bill: HB 3782 Summary: Appropriations for REAL ID compliance Status: Not enacted

Bill: HJR 27 Summary: Refusal to comply; urges Congress to act Status: Enacted

Bill: SB 1751 Summary: Complying Status: Not enacted Bill: HB 1070 Bill: HB 1523 Summary: Complying; Summary: Complying non-citizens’ licenses Status: Not enacted expire on the date the non-citizen is last Bill: SB 463 allowed in the U.S. Summary: Complying Status: Not enacted Status: Enacted Bill: HB 2593 Summary: REAL ID implementation study Status: Not enacted Bill: HR 6013 Bill: HB 2390 Summary: Refusal to Summary: Complying comply Status: A substitute Status: Not enacted version of the bill eliminated the driver’s license provisions and passed the Legislature

8 National Conference of State Legislatures / Transportation Review Enhanced Driver's Licenses and REAL ID: Driver's License Update

Appendix. Summary of State Action on REAL ID, 2006 to 2009 (continued) 2006 Action 2007 Action 2008 Action 2009 Action Bill: HCR 122 Bill: SJR 25 Bill: HJR 133 Summary: Urges Summary: Creates Summary: Refusal to Congress to act REAL ID task force comply Status: Not enacted Status: Not enacted Status: Not enacted

Bill: SCR 111 Bill: SJR 73 Summary: Urges Summary: Refusal to Congress to act comply Status: Not enacted Status: Not enacted Bill: HCR 20 Bill: HB 715 Summary: Urges Summary: Refusal to Congress to act comply Status: Not enacted Status: Enacted * Bill: HB 82 Bill: HB 1669 Bill: SB 492 Summary: Requires Summary: Requires Summary: Refusal to proof of lawful presence proof of lawful comply to obtain driver’s license presence to obtain Status: Vetoed by Status: Not Enacted driver’s license Governor Status: Enacted Bill: HP 831 Summary: Refusal to comply Status: Enacted

Bill: SP 113 Summary: Refusal to comply; urges Congress to act Status: Enacted *2005 Legislation. Bill: HB 376 Summary: Requires proof of lawful presence to acquire a driver’s license. License or ID is not valid past the expiration date of the person’s permission to remain in the U.S. Status: Enacted Bill: SB 2138 Bill: SB 2654 Bill: SB 963 Summary: Refusal to Summary: Urges Summary: Refusal to comply; urges Congress Congress to act comply to act Status: Not enacted Status: Pending Status: Not enacted

National Conference of State Legislatures / Transportation Review 9 Enhanced Driver's Licenses and REAL ID: Driver's License Update

Appendix. Summary of State Action on REAL ID, 2006 to 2009 (continued) 2006 Action 2007 Action 2008 Action 2009 Action Michigan Bill: SCR 43 Bill: HB 5547 Bill: SB 962 Summary: Urges Dept. Summary: Complying Summary: Complying of Homeland Security Status: Not enacted Status: Not enacted to work with states to coordinate driver’s Bill: HCR 25 Bill: SB 963 license and passport Summary: Refusal to Summary: Complying requirements for travel comply; urges Congress Status: Not enacted to Canada to act Status: Not enacted Status: Not enacted Bill: SB 966 Summary: Provides Bill: SR 119 Bill: HR 176 for disclosure of Summary: Urges Summary: Refusal to source documents Congress to act comply; urges Congress required to acquire Status: Not enacted to act enhanced driver’s Status: Enacted license Status: Enacted Bill: HR 25 Summary: Urges Congress to provide funds for REAL ID Status: Not enacted

Bill: HR 98 Summary: Urges Congress to act Status: Not enacted

Bill: SCR 3 Summary: Urges Dept. of Homeland Security to coordinate passport and driver’s license requirements Status: Not enacted

Bill: SR 20 Summary: Urges Congress to conduct an economic assessment of the costs of REAL ID Status: Enacted

Bill: SR 21 Summary: Complying; urges Congress to develop a pilot program in Michigan Status: Enacted

Bill: SR 62 Summary: Refusal to comply; urges Congress to act Status: Not enacted

10 National Conference of State Legislatures / Transportation Review Enhanced Driver's Licenses and REAL ID: Driver's License Update

Appendix. Summary of State Action on REAL ID, 2006 to 2009 (continued) 2006 Action 2007 Action 2008 Action 2009 Action Bill: HB 1438 Bill: EO 08-08 Bill: HB 988 Summary: Refusal to Summary: Refusal to Summary: Refusal to comply comply comply Status: Not enacted Status: Enacted Status: Enacted

Bill: HF 1351 Bill: HB 3807 Bill: SB 738 Summary: Refusal to Summary: Refusal to Summary: Refusal to comply comply comply Status: Vetoed by Status: Enacted Status: Not enacted governor

Bill: SB 1971 Summary: Refusal to comply Status: Not enacted

Bill: SF 984 Summary: Refusal to comply Status: Not enacted Bill: HB 302 Summary: Refusal to comply Status: Not enacted Bill: HB 868 Bill: HB 1716 Bill: HB 361 Summary: Refusal to Summary: Refusal to Summary: Refusal to comply comply comply Status: Not enacted Status: Not enacted Status: Delivered to Governor Bill: HCR 20 Summary: Urges Congress to act Status: Enacted

Bill: SB 241 Summary: Complying Status: Not enacted

Bill: SCR 11 Summary: Refusal to comply Status: Not enacted

National Conference of State Legislatures / Transportation Review 11 Enhanced Driver's Licenses and REAL ID: Driver's License Update

Appendix. Summary of State Action on REAL ID, 2006 to 2009 (continued) 2006 Action 2007 Action 2008 Action 2009 Action Nebraska Bill: LB 285 Bill: LB 911 Bill: LB 229 Summary: Complying Summary: Complying Summary: Complying Status: Not enacted Status: Not enacted Status: Pending

Bill: LR 179 Summary: REAL ID study requested Status: Not enacted

Bill: LR 28 Summary: Refusal to comply Status: Enacted Nevada Bill: AB 547 Bill: AB 170 Summary: Specifies Summary: Complying funding for REAL ID Status: Not enacted implementation Status: Not enacted Bill: AB 554 Summary: Refusal to Bill: AB 584 comply Summary: Complying Status: Enacted Status: Enacted Bill: SB 52 Bill: AJR 6 Summary: Complying Summary: Urges Status: Not enacted Congress to act Status: Enacted

Bill: SB 576 Summary: Appropriations for compliance Status: Enacted

Bill: SJR 5 Summary: Urges Congress to act Status: Not enacted * Bill: HB 1582 Bill: HB 685 Summary: Refusal to Summary: Refusal to comply comply Status: Not enacted Status: Enacted

Bill: SCR 8 Summary: Refusal to comply Status: Not enacted *2005 Legislation Bill: HB 273-FN Summary: Allows the state to issue driver’s licenses to non-citizens Status: Not enacted *Bill: HB 347 Summary: Requires that all New Hampshire driver’s licenses state whether the holder is a U.S. citizen Status: Not enacted

12 National Conference of State Legislatures / Transportation Review Enhanced Driver's Licenses and REAL ID: Driver's License Update

Appendix. Summary of State Action on REAL ID, 2006 to 2009 (continued) 2006 Action 2007 Action 2008 Action 2009 Action Bill: SR 74 Summary: Urges Dept. of Homeland Security to ensure states have direct links to verifiable immigration information Status: Not enacted Bill: HB 852 Bill: HJM 13 Summary: Complying Summary: Refusal to Status: Not enacted comply; urges Congress to act Bill: SB 748 Status: Not enacted Summary: Complying Status: Not enacted Bill: SJM 11 Summary: Refusal to comply; urges Congress to act Status: Not enacted

National Conference of State Legislatures / Transportation Review 13 Enhanced Driver's Licenses and REAL ID: Driver's License Update

Appendix. Summary of State Action on REAL ID, 2006 to 2009 (continued) New York* Bill: AB 9332 Bill: AB 1768 Summary: Complying; Summary: Complying; requires proof of lawful requires proof of lawful presence to acquire presence to acquire driver’s license driver’s license Status: Not enacted Status: Not enacted

Bill: AB 9764 Bill: AB 9468 Summary: Complying; Summary: Complying; requires proof of lawful requires proof of lawful presence to acquire presence to acquire driver’s license driver’s license Status: Not enacted Status: Not enacted

Bill: AB 9502 Summary: Complying Status: Not enacted

Bill: J1212 Summary: Urges Congress to act Status: Not enacted

Bill: J2096 Summary: Urges Congress to act Status: Not enacted

Bill: K365 Summary: Urges Congress to act Status: Not enacted

Bill: K366 Summary: Urges Congress to act Status: Not enacted

Bill: K648 Summary: Urges Congress to act Status: Not enacted

Bill: SB 6479 Summary: Complying Status: Not enacted

Bill: SB 6484 Summary: Complying, Requires proof of lawful presence to acquire driver’s license Status: Not enacted

*2005 Legislation Bill: SB 407 Summary: Requires proof of lawful presence to acquire a driver’s license; requires the state to notify the Bureau of Immigration and Customs Enforcement if any applicant is suspected of being in the U.S. illegally Status: Not enacted 14 National Conference of State Legislatures / Transportation Review Enhanced Driver's Licenses and REAL ID: Driver's License Update

Appendix. Summary of State Action on REAL ID, 2006 to 2009 (continued) 2006 Action 2007 Action 2008 Action 2009 Action Bill: HB 1473 Bill: HB 2136 Summary: Budget bill Summary: Refusal to appropriates funds for comply REAL ID compliance Status: Not enacted Status: Bill enacted, but REAL ID provisions Bill: SB 1786 removed Summary: Refusal to comply Bill: HB 422 Status: Not enacted Summary: Complying Status: Not enacted Bill: SCR 4040 Summary: Urges Congress to act Status: Enacted Bill: HB 67 Summary: Complying Status: Enacted

Bill: HCR 18 Summary: Urges Congress to act Status: Not enacted Oklahoma Bill: HCR 1019 Bill: HB 2164 Summary: Refusal to Summary: Prohibits use comply; urges Congress of biometric data in to act driver’s licensing Status: Not enacted Status: Pending

Bill: SB 464 Bill: SB 1164 Summary: Refusal to Summary: Complying comply Status: Pending Status: Enacted

National Conference of State Legislatures / Transportation Review 15 Enhanced Driver's Licenses and REAL ID: Driver's License Update

Appendix. Summary of State Action on REAL ID, 2006 to 2009 (continued) 2006 Action 2007 Action 2008 Action 2009 Action Oregon Bill: HB 2270 Bill: SB 390 Summary: Complying Summary: Complying Status: Not enacted Status: Pending

Bill: HB 2686 Bill: SB 536 Summary: Complying Summary: Refusal to Status: Not enacted comply unless the state Dept. of Transportation Bill: HB 2803 implements privacy Summary: Complying measures, safeguards, Status: Not enacted and other limitations Status: Delivered to Bill: HB 2827 Governor Summary: Refusal to comply; prohibits use of state funds unless federal government provides funds Status: Not enacted

Bill: HB 3554 Summary: Complying Status: Not enacted

Bill: HJM 11 Summary: Urges Congress to act Status: Not enacted

Bill: HJR 57 Summary: Complying Status: Not enacted

Bill: SB 424 Summary: Original version complied; substitute version refused to comply Status: Not enacted

16 National Conference of State Legislatures / Transportation Review Enhanced Driver's Licenses and REAL ID: Driver's License Update Appendix. Summary of State Action on REAL ID, 2006 to 2009 (continued) 2006 Action 2007 Action 2008 Action 2009 Action Bill: HR 735 Bill: HB 1351 Bill: HB 2537 Bill: HB 1443 Summary: Urges Summary: Refusal to Summary: Refusal to Summary: Refusal to Congress to act comply comply comply Status: Not enacted Status: Not enacted Status: Not enacted Status: Pending

Bill: HR 100 Bill: HR 767 Bill: SB 621 Summary: Refusal to Summary: Urges Summary: Refusal to comply; urges Congress Congress to act comply to act Status: Enacted Status: Pending Status: Not enacted

Bill: HR 101 Summary: Urges Congress to act Status: Not enacted

Bill: HR 170 Summary: Urges Congress to act Status: Not enacted

Bill: HR 296 Summary: Refusal to comply Status: Not enacted

Bill: HR 468 Summary: Urges Congress to act Status: Not enacted

Bill: SB 1220 Summary: Refusal to comply Status: Not enacted

Bill: SR 126 Summary: Urges Congress to act Status: Enacted Bill: HJR 5474 Bill: HB 7138 Summary: Refusal to Summary: comply; urges Congress Strengthens residency to act and legal status Status: Not enacted requirements; requires state Bill: SB 865 agencies to work with Summary: Refusal to federal immigration comply authorities Status: Not enacted Status: Not enacted

Bill: SB 2076 Summary: Identical to HB 7138 Status: Not enacted National Conference of State Legislatures / Transportation Review 17 Enhanced Driver's Licenses and REAL ID: Driver's License Update

Appendix. Summary of State Action on REAL ID, 2006 to 2009 (continued) 2006 Action 2007 Action 2008 Action 2009 Action Bill: H. 3989 Bill: H. 4822 Summary: Urges Summary: Requests Congress to act governor to ask for Status: Enacted REAL ID deadline extension Bill: S. 449 Status: Not enacted Summary: Refusal to comply Bill: H. 4823 Status: Enacted Summary: Requests governor to ask for REAL ID deadline extension Status: Enacted

Bill: S. 1179 Summary: Requests governor to ask for REAL ID deadline extension Status: Not enacted Bill: SCR 7 Summary: Urges Congress to act Status: Enacted Bill: SB 2334 Bill: HB 1426 Summary: Appropriates Summary: Refusal to funds for REAL ID comply implementation Status: Pending Status: Enacted Bill: HB 1696 Bill: SJR 248 Summary: Refusal to Summary: Refusal to comply comply Status: Pending Status: Enacted Bill: HB 2330 Bill: SJR 333 Summary: Complying Summary: Refusal to Status: Enacted comply; urges Congress to act Bill: HJR 285 Status: Not enacted Summary: Urges Congress to extend deadlines or repeal Act Status: Enacted

18 National Conference of State Legislatures / Transportation Review Enhanced Driver's Licenses and REAL ID: Driver's License Update

Appendix. Summary of State Action on REAL ID, 2006 to 2009 (continued) 2006 Action 2007 Action 2008 Action 2009 Action Texas Bill: HB 2869 Bill: HCR 180 Summary: Complying Summary: Refusal to Status: Not enacted comply Status: Not enacted Bill: HCR 148 Summary: Refusal to comply Status: Not enacted

Bill: HCR 172 Summary: Urges Congress to act Status: Not enacted

Bill: SB 1250 Summary: Complying Status: Not enacted

Bill: SCR 40 Summary: Refusal to comply Status: Not enacted

Bill: SCR 45 Summary: Urges Congress to act Status: Not enacted Utah Bill: HB 64 Bill: HR 2 Bill: HB 449 Bill: HB 325 Summary: Repeals use of Summary: Urges Summary: Refusal to Summary: Refusal to temporary ID numbers Congress to act comply comply issued by IRS for the Status: Enacted Status: Not enacted Status: Not enacted purpose of obtaining a driver’s license Bill: HR 4 Status: Not enacted Summary: Expresses opposition to a national ID card Status: Enacted

Bill: SB 40 Summary: Complying Status: Enacted

National Conference of State Legislatures / Transportation Review 19 Enhanced Driver's Licenses and REAL ID: Driver's License Update

Appendix. Summary of State Action on REAL ID, 2006 to 2009 (continued) 2006 Action 2007 Action 2008 Action 2009 Action Vermont Bill: HJR 2 Summary: Urges Congress to act Status: Not enacted

Bill: SB 183 Summary: Complying Status: Not enacted

Bill: SJR 15 Summary: Refusal to comply Status: Not enacted Virginia Bill: HB 1586 Bill: HB 1650 Bill: HJR 42 Bill: HB 1587 Summary: Alternative Summary: Contains Summary: Refusal Summary: Refusal to driving certificates for appropriations to comply; urges comply residents without legal for REAL ID Congress to act Status: Enacted status implementation Status: Not enacted Status: Not enacted Status: Enacted Bill: SB 1023 Bill: SB 492 Summary: Refusal Bill: SB 180 Summary: Refusal to comply; creates Summary: Provides to comply alternative plan that presentation of Status: Not enacted Status: Not enacted an unexpired driver’s license from any other Bill: SB 1046 state is proof of the Summary: Complying applicant’s lawful Status: Enacted presence Status: Not enacted Bill: SB 1431 Summary: Refusal to Bill: SJR 47 comply Summary: Establishes Status: Enacted a subcommittee to study REAL ID Bill: SB 841 implementation Summary: Refusal to Status: Not enacted comply Status: Not enacted

20 National Conference of State Legislatures / Transportation Review Enhanced Driver's Licenses and REAL ID: Driver's License Update

Appendix. Summary of State Action on REAL ID, 2006 to 2009 (continued) 2006 Action 2007 Action 2008 Action 2009 Action Washington Bill: HJM 4029 Bill: HB 1289 Summary: Urges Summary: Authorizes Congress to act issuance of enhanced Status: Not enacted driver’s license to facilitate crossing the Bill: SB 6680 Canadian border Summary: Two years Status: Enacted after full REAL ID implementation, the Bill: SB 5087 state will implement a Summary: Refusal to voluntary biometric ID comply system Status: Enacted Status: Enacted Bill: SJM 8005 Bill: SJM 8037 Summary: Urges Dept. Summary: Urges of Homeland Security Congress to act to act Status: Not enacted Status: Not enacted Bill: HB 3219 Bill: SB 258 Summary: Refusal to Summary: Refusal to comply comply Status: Re-introduced Status: Not enacted 2008, Not enacted

Bill: HCR 77 Summary: Requests a study on the effects of REAL ID Status: Not enacted

Bill: SB 685 Summary: Refusal to comply Status: Not enacted

Bill: SCR 38 Summary: Urges Congress to act Status: Not enacted Bill: SB 2 Bill: SB 159 Summary: Complying Summary: Refusal to Status: Not enacted comply Status: Pending Bill: SB 40 Summary: Budget bill; appropriates funds for REAL ID provisions Status: Enacted

National Conference of State Legislatures / Transportation Review 21 Appendix. Summary of State Action on REAL ID, 2006 to 2009 (continued) 2006 Action 2007 Action 2008 Action 2009 Action Wyoming Bill: HJR 8 Bill: HJR 5 Bill: SB 38 Summary: Refusal to Summary: Refusal Summary: Complying comply; urges Congress to comply; urges Status: Enacted to act Congress to act Status: Not enacted Status: Not enacted

Source: NCSL compilation by Jay Hobbs, 2009.

National Conference of State Legislatures William T. Pound, Executive Director

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