2007 Legislation
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Bill Status

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.
      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

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                              IN THE HOUSE OF REPRESENTATIVES
                                 HOUSE JOINT MEMORIAL NO. 3
  1                                   A JOINT MEMORIAL
  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
  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
  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.

Statement of Purpose / Fiscal Impact


                       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

                           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.

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