A bill that would replace illegal immigrants' drivers' licenses with "driving privilege cards" — which could not be used as identification — appeared headed to the Governor's Office on Tuesday after the House voted 53-18 to approve the measure.
Concerns about racial profiling and the ability to open bank accounts didn't halt the progress of SB227 in the House, although some Republicans who voted for the measure said they did so because the sponsors had assured them they'd work in the interim to address concerns.
The bill needed Senate concurrence before tonight's adjournment since it was amended to require proof of Utah residency to get a state identification card, driver's license or driving privilege card. Several other proposed amendments to soften the bill failed.
After receiving two-thirds majority in both houses, it will take effect immediately after it becomes law. Gov. Jon Huntsman Jr. has said he supports the bill.
House sponsor Rep. Rebecca Lockhart, R-Provo, said the bill was spurred by a state audit that found 383 people who appeared to be undocumented had registered to vote and 14 had voted. The audit also suggested Utah is being used as a portal for undocumented aliens from other states to get drivers' licenses.
"We have a problem with the credibility of our licenses," Lockhart said. "The federal government has failed in its duty to pick up this (immigration) issue. This is one piece we can pick up."
The card would also be given to legal immigrants who aren't eligible for a Social Security number, under an unrelated bill that received final approval Tuesday in a 21-8 Senate vote.
That bill, HB223, would close a loophole that only allowed those with a Social Security number or temporary tax identification number (ITIN) to get a driver's license.
HB223 sponsor Rep. Curt Oda, R-Clearfield, said it will benefit allies training at Hill Air Force Base, foreign students and athletes training for the Olympics.
Rep. David Clark, R-Santa Clara, a banker, said the Patriot Act requires the following in order to open a bank account: an ID with a signature, picture, a number unique to the card, and an issuance and expiration date.
"The only ID I own that meets the Patriot Act qualifications is my Utah driver's license," he said, noting he'd support the bill.
Following the debate, Senate sponsor Sen. Curt Bramble, R-Provo, said he had checked with public safety commissioner Robert Flowers, and financial institutions would be able to accept the driving privilege card as identification under the Patriot Act. Only government agencies would be prevented from using it, he said.
Rep. David Ure, R- Kamas, sponsored the state's current law, which allows illegal immigrants to use a temporary tax identification number issued by the Internal Revenue Service to get a Utah driver's license.
"We have a problem with the situation at hand. If we have people voting, if we have people buying guns, that was not the intention," Ure said. "I don't think we have any other alternative."
Ure added that the Legislature has the responsibility to address the issue of what benefits the undocumented population should be able to access. He said SB227 would likely put financial institutions in the business of issuing identification.
"One thing that bothers me more than anything else," Ure said. "We have a work force here that keeps the cost of living low, and we extort them as labor. I use that word very strongly."
Rep. David Litvack, D-Salt Lake, proposed a failed amendment to differentiate the card with an added line that would say "Social Security number" and "yes" or "no."
The bill requires the card to be marked "FOR DRIVING PRIVILEGES ONLY — NOT VALID FOR IDENTIFICATION" and use a format, color, font or other means to distinguish it from a driver's license.
Noting some soldiers serving in Iraq are undocumented, Litvack said racial profiling would become an issue beyond law enforcement.
"What about profiling at the supermarket? What about profiling at a bank or credit union?" Litvack said. "The profiling I'm talking about is going to create a very visibly second class of people, who we are saying does not deserve the same treatment."
The bill had the reluctant support of the Utah Hispanic Legislative Task Force, although many in the Hispanic community opposed it.
"What's going to happen is people will be profiled every time people use their (driving privilege) cards, in stores, by police," said Robert Gallegos, president of RAZ PAC. "We just opened up Pandora's box."
During a House Republican Caucus meeting before the debate, Bramble told representatives that he and Lockhart had asked for the audit after hearing anecdotal evidence that illegal immigrants were voting in Utah.
Cards received under SB227 would be valid for one year. Those with an existing Utah driver's license will have until their first birthday after July 1 to exchange their license for a driving privilege card. Under the coordinating clause, those cards received under HB223 would be valid for five years, or until the holder's visa expires. State ID cards issued to people using ITINs would expire July 1.
E-mail: dbulkeley@desnews.com