H.B. 52 Tribal Endorsement of Utah Driver License Amendments: transcript

Um, I'd like to, uh, make sure we have, uh, delegate Parish on the phone. Is she, is she there? Yeah. Okay. She's gonna join me in my presentation. Okay. She's, she's on, Yes. She's just rejoining as a panelist. She, I'm sorry, what? It'll Just take one second. Okay. Okay. I'll go ahead and get started while she comes in and I'll turn some time over to her.

Uh, HB 52 gives enrolled members of federally recognized tribes the option if they choose to include a simple Native American notation on a Utah driver's license or ID while protecting privacy, respecting tribal sovereignty, and changing nothing else in Utah law. This, uh, is a narrow, optional and respectful bill. Nothing is mandated, nothing is expanded. It simply provides an option that doesn't exist today. For many Native American Utahans identity is very, very important. But so is privacy today. There's no way to reflect that identity on a state issued ID without carrying separate tribal documents, which can be more detailed or sensitive than necessary for everyday use. HP 52 gives people a choice, not an obligation. What the bill does is it allows an applicant to voluntarily request a generic Native American notation, requires verification using existing tribal or federal documents, and uses the standard driver's license or ID application process. The notation is intentionally generic. There's no tribal name, there's no affiliation disclosed, no additional data collected. Privacy, and, uh, the state does not name tribes. The state does not define or manage tribal membership. The state verifies eligibility and then stays in that, in that lane. This respects individual privacy, tribal sovereignty, and limited government principles. What it does not do is, uh, HB 52 does not change any voting laws. Uh, Utah already accepts Utah driver's license and state IDs, tribal identification cards, and Bureau of Indian Affairs cards. The notation does not establish vote Voter eligibility does not replace tribal IDs and does not affect tribal elections. Tribal elections remain governed entirely by tribal laws as they should. Um, the bill does not create new benefits, does not expand or access, uh, eligibility, and does not alter voter ID requirements, as we've already talked about, does not collect new personal data and does not appropriate funds. This is not an expansion of state authority.

So, with that, I'm gonna turn it over to, uh, delegate Parish, who's, uh, delegate Parish. Uh, I'll let you introduce yourself and tell Hi everybody. Afternoon Everyone. Welcome. Go ahead.

Thank you, chairman. I thank you Chairman and thank you members of the Committee of the Legislature this session. Uh, thank you Representative Maloy for sponsoring the legislation today before the committee. Uh, my name is Sine Parrish and I serve on the Navajo Nation Council. I was elected by the communities of Keta, Deso and Chi Beto and DESO is located in San Juan County, um, in the state of Utah. I'm a proud, uh, also member of the State of Utah. So, um, today I want to further elaborate on the presentation given by representative today. The, uh, HB 52 was inspired by the law, uh, signed by Governor Cox last year regarding elections and, uh, the requirement to have identification for election verification. And, uh, working with my colleagues on the Navajo Nation and, uh, other tribes throughout the state of Utah. Uh, we felt that it would be an encouragement to Utah Native American people to, um, sign up and register for Utah Identification for Elections. And the identification of the tribe, or the, uh, notation of Native American on the driver's license would help, uh, many of our tribal members be encouraged to apply for or, or to register for Utah driver's licenses and identifications. Additionally, uh, I did have discussions with the Utah Tax Commission Office and several of the agencies, and they felt it would be helpful in, um, that identification on the driver's license or identification so that they are able to, um, align their services better to that, uh, group of people. So today I wanna thank again, Representative Maloy for sponsoring this legislation. Um, we did have a lengthy discussion, uh, during the interim with, um, at the time Representative Clancy and the Interim Judiciary Committee. Uh, so we're really excited to have this before the committee today. Thank you so much.

Senator Kwan. Thank you, Mr. Chair. Uh, I move that we, uh, passed out favorably Senate Bill 52, uh, to the full, sorry, house Bill 52 with, uh, favorable re uh, recommendation. Thank you. Discussion to that motion.

Seeing none represent mall for summation. Thank you. I'd just like to say that HB 52 is about choice, respect, and restraint. It allows people to be recognized if they want, without changing how Utah Law works anywhere else. I believe this is a thoughtful, a very conservative and balanced bill, and I respectfully ask for the committee's support. Thank you. Thank You Senator Kwan for submission.

Thank you, Mr. Chair. Uh, I thank the good sponsor for working with the indigenous populations on this and the, um, and for bringing this bill forward. Thank you. All in favor.

Thank you, Mr. Chair and members of the committee. Appreciate it.

Thank you Mr. Speaker. I'm real proud to be here today and to, uh, present this bill. HB 52 uh, gives enrolled members the Fed federally recognized Native American tribes here in Utah. The option to have a simple Native American notation on their Utah driver's license or ID using existing tribal documentation without collecting new data or revealing tribal affiliation. This policy was requested by the leaders of our various tribal leaders. Uh, so just to kinda walk you through it a little bit, the, uh, the bill is optional and respectful. This bill does not require anything. It simply allows an individual to request a notation if they choose. It uses, uh, existing trusted documentation. The driver's license division relies on well-established tribal and federal documents that already exist. It also protects privacy. The notation does not identify a specific tribe or disclose sensitive personal information. And the, uh, the bill also acknowledges that enrolled tribal members in a limited it, it acknowledges enrolled tribal members in a limited, neutral way while treating all Utahans fairly under the law. And that's basically the bill. Thank you Mr. Speaker.

to the bill Representative Romero. Thank you Mr. Speaker. Uh, question, um, How ask Representative Malloy, will you yield to a question? Yeah. Does this include tribal members that are not enrolled in a Utah tribe? It, it, uh, the bill indicates that federally recognized tribal tribes. Okay. That's all I wanted to know. Thank you.

Thank you, Mr. Speaker. Uh, would the sponsor yield to a series of questions? Representative Malloy, will you yield to a series of questions? I will, yes. Thank you. Uh, so what is the purpose of that designation?

I think the purpose is there's, there's probably many different purposes and I think, uh, the number one purpose is for any reason that, uh, the tribal members feel like they need. So it could be as simple as, uh, making sure they have a good driver's license when they're off their tribal lands and driving throughout the rest of the state of Utah. It could have, uh, implications in making it easier for them, easier for them to register to vote in Utah elections. And, uh, also, uh, to avoid any kind of confusion regarding their US citizenship status as it relates to what's going on with, uh, our, our ICE officers in the state of Utah. So there's no confusion. So there could be, I think it would, the best way to say it would be for any legal reason where, uh, a Utah Identif, Utah ID with that designation will help them out.

Okay. So does, uh, does this open up the possibility that other groups are gonna want to have designations on their licenses? I'm sorry, could you, Does this open up, uh, the possibility that other groups are gonna have, uh, you know, a request to change the license for their purposes as well?

I can't, I don't have an answer to that question. I suppose that there could be groups that would, uh, feel like they would like to or consider it. Um, but the, the unique aspect of our tribal citizens is, uh, that they, when you really look at, uh, who they are, they're, they're citizens of a tribe. They're citizens of the us, they're citizens of a state. And so it can get very complex when they have to rely on any of the IDs that go along with that. So this is, I think will help them clarify in a lot more situations.

Exactly. Uh, you know, where they, uh, reside and, and that they're US citizens and so on. Well, I think that, um, when you get a driver's license, just a standard one, it, you have to sh prove that you are a legal citizen to get that. I'm just trying to understand why we need a separate one.

The, uh, you're absolutely right. When you're, uh, trying to, uh, register to vote or get your driver's license, you have to show that you are a US citizen. And for our, our, our tribal members, the same documentation that they would use for this designation to receive it is what they use to receive their driver's license. So basically what it does, it's just going to, uh, I think streamline or smooth out the process for our tribal members in these situations.

Okay. Thank you very much. Appreciate Mr. Speaker. Thank you Representative Christofferson. Further discussion to the bill C none.

Thank you, Mr. Speaker. This is a simple optional no-cost bill that respects tribal identity, protects privacy, and gives clarity to both applicants and the state. And I appreciate the, uh, body support on this bill. Thank you, Mr. Speaker.

Thank you very much. Uh, this bill allows an applicant for a driver's license to request a notation on the driver's license, uh, stating that the individual is an enrolled member of a federally recognized Indian tribe. That's the substance of the bill.

Amendment? Oh yeah, let me move that amendment. Uh, this was an amendment that, uh, there's some specific language and what was preferred is that they used the name federally recognized tribal member. And so with that, I would move the First Amendment or the amendment one to HB 52. Thank you. That motion in order. Thank you so much.

Yeah, I would move that, uh, HB 52. Pass the second reading calendar

Thank you. Motion to table on third for fiscal impact. Motion is to table House Bill 52 on third for fiscal and impact Discussion.

Yeah. So what this bill does overall is it allows for a tribal endorsement to be placed on, uh, on a driver's license or an identification card. Uh, that requires summary reprogramming of the systems to be able to do that. Um, and what the sub does is it, i, it cleans up the fiscal note so that now it will not be a fiscal bill, uh, by identifying different sources to, uh, to do that reprogramming so that it, uh, removes the fiscal note on it. And so, uh, with that I'll an, I'll answer any questions as to the sub.

Yeah. Uh, so like I said, this just allows, uh, the tribal, uh, identification to be placed on the, uh, driver's license or other state identification. And, uh, with that, I'll, uh, take any questions on the bill.

Senator Hinkins. Uh, thank you Mr. President. Uh, I would like to ask that we delete title and Body House bill 16 first substitute and replace it with second substitute house bill. 16

It was just, uh, some verbiage, uh, some language changes.

Uh, thank you Mr. President. Uh, I would like to ask that we delete title and Body House bill 16 first substitute and replace it with second substitute house bill. 16

It was just, uh, some verbiage, uh, some language changes.

Thank you Mr. Speaker. I'd like to make a motion to concur with the Senate.

Yes. We, uh, uh, were able to, uh, do a substitute that eliminated the fiscal note. And so that's what that is.