Lifetime Citizen Portal Access — AI Briefings, Alerts & Unlimited Follows
Conference committee adopts DMV wording to clarify Real ID options
Loading...
Summary
Legislative counsel and the Department of Motor Vehicles presented and the committee agreed to draft DMV-proposed language for section 17 of S.123 to clarify how the Real ID Act interacts with state-issued operator's privilege and non-driver identification cards.
Legislative counsel told the House Transportation Committee conference committee on S.123 on May 29, 2025, that he had DMV-proposed language ready to clarify what happens when applicants cannot meet Real ID requirements. The committee asked the Department of Motor Vehicles to draft that clarified language for insertion into section 17.
The change adds the phrase “to the extent permitted by federal law” and replaces phrasing such as “obtaining” with “applying for” when describing an applicant’s option to seek an operator’s privilege card or a non-driver identification card. Committee members discussed the DMV's concern that telling an applicant who is flagged through the federal Real ID checks that they may obtain a state card could be perceived as shielding someone from federal immigration enforcement.
The DMV told the committee that the proposed wording is intended to codify current practice rather than change process. Andrew Follard, commissioner of the Department of Motor Vehicles, said the change “is not changing anything that we're doing. This is actually solidifying what we're currently doing,” and explained that the DMV has seen three federal database returns in roughly the past year that raised issues: fraudulent documents or federal flags for individuals without lawful status.
Committee members asked for the drafted language to be circulated and agreed to add the DMV text when staff prepares the next version of the conference report. There was no recorded formal vote in the transcript; staff were asked to draft the two alternative phrasings and circulate them before the next meeting so the committee could review the phrasing and technical edits.
The discussion occurred during the section-by-section conference review of S.123 and was characterized by members as a technical clarification to align state statutory wording with federal limits while preserving the DMV's current practice of offering alternative, non-Real ID credentials when permitted.
The committee left the item open for insertion of the DMV-drafted language and scheduled follow-up drafting before reconvening.
