Assigned to TRANS & GOV                                                                                                           FOR COMMITTEE

ARIZONA STATE SENATE

Fifty-Second Legislature, First Regular Session

FACT SHEET FOR S.B. 1273

driver licenses; REAL ID act

Purpose

Requires the Arizona Department of Transportation (ADOT) to issue a REAL ID compliant or Western Hemisphere Travel Initiative (WHTI) Enhanced Driver License (EDL) to an applicant requesting one.

Background

The REAL ID Act of 2005 attempted to standardize the numerous ID cards, driver licenses and EDLs used within the U.S. REAL ID originally required that states comply with its measures by May 11, 2008. The minimum standards for REAL ID include: 1) information and security features that must be incorporated into each card; 2) proof of identity and U.S. citizenship or legal status of an applicant; 3) verification of the source of the documents provided by an applicant; and 4) security standards for the offices that issue licenses and identification cards. Without compliance, state driver licenses and IDs cannot be used for federal purposes, including boarding commercial aircraft, accessing federal facilities or entering nuclear power plants. Phase in of REAL ID enforcement for noncompliance began in 2014.  A REAL ID compliant driver license is scheduled to be required to board a federally regulated commercial aircraft in 2016.  Laws 2008, Chapter 272, prohibited ADOT from implementing REAL ID in Arizona.

In 2004, the WHTI passed into national law, requiring U.S. citizens to present a passport or a form of WHTI-approved identification to reenter the country by land or by sea. WHTI also created a list of identifications (IDs) that may be used for air travel between the U.S. and Canada, Mexico, Bermuda and the Caribbean region. For the enforcement of this measure, WHTI permits states to develop EDLs for U.S. citizens that contain a vicinity radio frequency identification chip and a machine readable zone. For WHTI compliance, the chip shall contain a number that acts as a pointer to records on a secure database with the cardholder’s photo and other biographic information. Laws 2009, Chapter 143, prohibited ADOT from implementing an EDL to satisfy the requirements of the WHTI.

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Requires ADOT to issue a driver license that complies with REAL ID if requested by an applicant.

2. Adds that ADOT must issue an EDL that meets the requirements of the WHTI if requested by an applicant.

3. Becomes effective on the general effective date.

Prepared by Senate Research

February 5, 2015

LL/jo