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HJM003........................................by TRANSPORTATION AND DEFENSE
REAL ID ACT - Stating findings of the Legislature affirming the state's
support of the United States' campaign to secure our country and urging
members of Idaho's congressional delegation to support measures to repeal
the federal REAL ID Act of 2005.
02/09 House intro - 1st rdg - to printing
02/12 Rpt prt - to Transp
02/15 Rpt out - rec d/p - to 2nd rdg
02/16 2nd rdg - to 3rd rdg
02/20 3rd rdg - ADOPTED - 69-0-1
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
Raybould, Ring, Ringo, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
Speaker
NAYS -- None
Absent and excused -- Roberts
Floor Sponsor - Hart
Title apvd - To Senate
02/21 Senate intro - 1st rdg - to Transp
03/07 Rpt out - rec d/p - to 10th Ord
03/08 10th Ord - ADOPTED - 19-15-1
AYES -- Bair, Bastian, Bilyeu, Broadsword, Fulcher, Geddes, Goedde,
Hammond, Heinrich, Jorgenson, Langhorst, Malepeai, McGee, McKague,
McKenzie, Pearce, Richardson, Schroeder, Siddoway
NAYS -- Andreason, Cameron, Coiner, Corder, Darrington, Davis,
Gannon, Hill, Kelly, Keough, Little, Lodge, Stegner, Stennett, Werk
Absent and excused -- Burkett
Floor Sponsor - Fulcher
Title apvd - to House
03/08 To enrol
03/09 Rpt enrol - Sp signed
03/12 Pres signed
03/13 To Secretary of State
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE JOINT MEMORIAL NO. 3
BY TRANSPORTATION AND DEFENSE COMMITTEE
1 A JOINT MEMORIAL
2 TO THE PRESIDENT OF THE UNITED STATES, THE UNITED STATES ATTORNEY GENERAL, THE
3 SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES IN CONGRESS
4 ASSEMBLED, TO THE GOVERNOR OF IDAHO AND TO THE CONGRESSIONAL DELEGATION
5 REPRESENTING THE STATE OF IDAHO IN THE CONGRESS OF THE UNITED STATES.
6 We, your Memorialists, the House of Representatives and the Senate of the
7 State of Idaho assembled in the First Regular Session of the Fifty-ninth Idaho
8 Legislature, do hereby respectfully represent that:
9 WHEREAS, the state of Idaho recognizes the Constitution of the United
10 States as our charter of liberty and the Bill of Rights as affirming the fun-
11 damental and inalienable rights of Americans, including freedom of privacy and
12 freedom from unreasonable searches; and
13 WHEREAS, Idaho has a diverse population whose contributions are vital to
14 the state's economy, culture and civic character; and
15 WHEREAS, Idaho is proud of its tradition of protecting the civil rights
16 and liberties of all its residents, affirming the fundamental rights of all
17 people and providing more expansive protections than are granted by the Con-
18 stitution of the United States; and
19 WHEREAS, the federal REAL ID Act of 2005, Public Law 109-13, creates a
20 national identification card by mandating federal standards for state driver's
21 licenses and identification cards and requires states to share their motor
22 vehicle databases; and
23 WHEREAS, the REAL ID Act mandates the documents that states must require
24 to issue driver's licenses and requires states to place uniform information on
25 every driver's license in a standard, machine-readable format; and
26 WHEREAS, the REAL ID Act prohibits federal agencies and federally-
27 regulated commercial aircraft from accepting a driver's license or identifica-
28 tion card issued by a state that has not fully complied with the act; and
29 WHEREAS, the REAL ID Act places a costly, unfunded mandate on states, with
30 initial estimates for Idaho of more than thirty-nine million dollars with on-
31 going annual expenses of an estimated nine million three hundred thousand dol-
32 lars and a national estimate of more than eleven billion dollars over the next
33 five years; and
34 WHEREAS, the REAL ID Act requires the creation of a massive public sector
35 database containing information on every American that is accessible to all
36 motor vehicle employees and law enforcement officers nationwide and that can
37 be used to gather and manage information on citizens. Such activities are not
38 the business or responsibility of government; and
39 WHEREAS, the REAL ID Act enables the creation of additional massive pri-
40 vate sector databases, combining both transactional information and driver's
41 license information gained from scanning the machine-readable information con-
42 tained on every driver's license; and
43 WHEREAS, these public and private databases are likely to contain numerous
44 errors and false information, creating significant hardship for Americans
2
1 attempting to verify their identities in order to travel on commercial air-
2 craft, open a bank account or perform any of the numerous functions required
3 to live in the United States today; and
4 WHEREAS, the federal trade commission estimates that ten million Americans
5 are victims of identity theft annually, and because identity thieves are
6 increasingly targeting motor vehicle departments, the REAL ID Act will enable
7 the crime of identity theft by making the personal information of all Ameri-
8 cans, including date of birth and signature, accessible from tens of thousands
9 of locations; and
10 WHEREAS, the REAL ID Act requires a driver's license to contain a person's
11 actual home address and makes no exception for individuals in potential dan-
12 ger, such as undercover law enforcement personnel or victims of stalking or
13 criminal harassment; and
14 WHEREAS, the REAL ID Act contains onerous record verification and reten-
15 tion provisions that place unreasonable burdens on the motor vehicle division
16 and on third parties required to verify records; and
17 WHEREAS, the REAL ID Act will place enormous burdens on consumers seeking
18 new driver's licenses, such as longer lines, increased document requests,
19 higher costs and a waiting period; and
20 WHEREAS, the REAL ID Act will place state motor vehicle staff on the front
21 lines of immigration enforcement by forcing state employees to determine fed-
22 eral citizenship and immigration status, excessively burdening both foreign-
23 born applicants and motor vehicle staff; and
24 WHEREAS, the REAL ID Act passed without sufficient deliberation by Con-
25 gress and did not receive a hearing by any congressional committee or a vote
26 solely on its own merits, despite opposition from more than six hundred orga-
27 nizations; and
28 WHEREAS, the REAL ID Act eliminated a process of negotiated rulemaking
29 initiated under the Intelligence Reform and Terrorism Prevention Act of 2004,
30 which had convened federal, state and local policymakers, privacy advocates
31 and industry experts to solve the problem of the misuse of identity documents;
32 and
33 WHEREAS, the REAL ID Act provides little security benefit and leaves iden-
34 tification systems open to insider fraud, counterfeit documentation and data-
35 base failures.
36 NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session
37 of the Fifty-ninth Idaho Legislature, the House of Representatives and the
38 Senate concurring therein, that we support the government of the United States
39 in its campaign to secure our country, while affirming the commitment of the
40 United States that this campaign not be waged at the expense of the essential
41 civil rights and liberties of the citizens of this country.
42 BE IT FURTHER RESOLVED that it is the policy of the state of Idaho to
43 oppose any portion of the REAL ID Act that violates the rights and liberties
44 guaranteed under the constitutions of the State of Idaho and the United
45 States, including the Bill of Rights.
46 BE IT FURTHER RESOLVED that the Idaho Legislature shall enact no legisla-
47 tion nor authorize an appropriation to implement the provisions of the REAL ID
48 Act in Idaho, unless such appropriation is used exclusively for the purpose of
49 undertaking a comprehensive analysis of the costs of implementing the REAL ID
50 Act or to mount a constitutional challenge to the act by the state Attorney
51 General.
52 BE IT FURTHER RESOLVED that the Idaho Legislature urges the Idaho congres-
53 sional delegation to support measures to repeal the REAL ID Act.
54 BE IT FURTHER RESOLVED that the Chief Clerk of the House of Representa-
55 tives be, and she is hereby authorized and directed to forward a copy of this
3
1 Memorial to the President of the United States George W. Bush, the United
2 States Attorney General Alberto Gonzales, the President of the Senate and the
3 Speaker of the House of Representatives of Congress, the Governor of Idaho C.
4 L. Otter and the congressional delegation representing the State of Idaho in
5 the Congress of the United States.
REPRINT REPRINT REPRINT REPRINT REPRINT REPRINT
STATEMENT OF PURPOSE
RS 16946
This joint memorial is for the purpose of sending a message to
Congress and to our Congressional Delegation that the people of
Idaho object to the mandates of the Real ID Act of 2005 passed by
Congress. The Real ID Act of 2005 is an $11 billion unfunded
mandate on the states. The Real ID Act of 2005 is a backdoor
attempt to institute a national ID card as more overt attempts to
create a national ID card have always failed in the past.
The Real ID Act of 2005 has serious constitutional and
privacy problems. By requiring all states to issue driver's
licenses to this new standard, the Federal Government is
attempting to force the states to become part of a national
database with 50,000 access points to sensitive data on every
American Citizen. The opportunities for identify theft will
multiply exponentially. Rules for implementing the Real ID Act of
2005 have not yet been promulgated by the federal government and
the states are unclear as to the actual expected cost of
compliance.
FISCAL NOTE
If Idaho were to comply with the Real ID Act of 2005 the startup
costs will be in the range of $39 million with ongoing costs of
about $9.3 million per year.
Contact
Name: Representative Phil Hart
Phone: 208-332-1000
Representative Liz Chavez, Representative Pete Nielsen,
Representative Cliff Bayer, Representative Lenore Barrett,
Representative Dick Harwood, Representative JoAn Wood,
Representative Jim Clark
Senator Russ Fulcher, Senator Mike Jorgenson
STATEMENT OF PURPOSE/FISCAL NOTE HJM 3