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H0606aaS...................................................by STATE AFFAIRS
FEDERAL REAL ID ACT OF 2005 - Adds to existing law relating to the
implementation of the Federal REAL ID Act of 2005 to state findings of the
Legislature; to direct the Idaho Transportation Board and the Idaho
Transportation Department not to implement the provisions of the REAL ID
Act of 2005; and to provide for security of driver's licenses and
identification cards.
03/07 House intro - 1st rdg - to printing
03/10 Rpt prt - to Transp
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/13 3rd rdg - PASSED - 67-0-3
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Block, Bock,
Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez, Chew,
Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood,
Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ringo,
Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
Shepherd(08), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27),
Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Bilbao, Black, Moyle
Floor Sponsor - Hart
Title apvd - to Senate
03/13 Senate intro - 1st rdg - to St Aff
03/24 Rpt out - to 14th Ord
03/26 Rpt out amen - to 1st rdg as amen
03/27 1st rdg - to 2nd rdg as amen
03/28 2nd rdg - to 3rd rdg as amen
03/31 3rd rdg as amen - PASSED - 32-0-3
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon(Gannon),
Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough,
Little, Lodge, Malepeai(Sagness), McGee, McKague, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Langhorst, McKenzie, Pearce
Floor Sponsor - Jorgenson
Title apvd - to House
04/01 House concurred in Senate amens - to engros
Rpt engros - 1st rdg - to 2nd rdg as amen
Rls susp - PASSED - 65-0-5
AYES -- Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Block, Bock,
Boe, Bolz, Bowers, Brackett, Bradford, Chavez, Chew, Clark, Collins,
Crane, Durst, Eskridge, Hagedorn, Hart, Harwood, Henderson, Jaquet,
Killen, King, Kren, Labrador, LeFavour, Loertscher, Luker, Marriott,
Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart,
Patrick, Pence, Raybould, Ringo, Roberts, Ruchti, Rusche, Sayler,
Schaefer, Shepherd(02), Shepherd(08), Shirley, Shively, Smith(30),
Smith(24), Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander Woude,
Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Anderson, Black, Chadderdon, Henbest, Lake
Floor Sponsor - Hart
Title apvd - to enrol - Rpt enrol - Sp signed
04/02 Pres signed - To Governor
04/09 Governor signed
Session Law Chapter 385
Effective: 07/01/08 Sections 1 & 2 with
contingencies involving US Homeland Security,
revision of administrative regulation
CFR Part 37, Governor's review & issuance
of Governor's Executive Order
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 606 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO IMPLEMENTATION OF THE FEDERAL REAL ID ACT OF 2005; STATING FIND- 3 INGS OF THE LEGISLATURE; AND AMENDING CHAPTER 3, TITLE 40, IDAHO CODE, BY 4 THE ADDITION OF A NEW SECTION 40-322, IDAHO CODE, TO STATE FINDINGS OF THE 5 LEGISLATURE, TO DIRECT THE IDAHO TRANSPORTATION BOARD AND THE IDAHO TRANS- 6 PORTATION DEPARTMENT NOT TO IMPLEMENT THE PROVISIONS OF THE REAL ID ACT OF 7 2005 AND TO REQUIRE REPORTING TO THE GOVERNOR AND THE CONSTITUTIONAL 8 DEFENSE COUNCIL OF ATTEMPTS BY FEDERAL AGENCIES TO SECURE IMPLEMENTATION 9 OF THE FEDERAL ACT. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. The Second Regular Session of the Fifty-ninth Idaho Legisla- 12 ture hereby finds that: 13 (1) In May of 2005, the U.S. Congress enacted the REAL ID Act of 2005 as 14 part of the Emergency Supplemental Appropriations Act for Defense, the Global 15 War on Terror, and Tsunami Relief Act (Public Law 109-13), which was signed by 16 President George W. Bush on May 11, 2005, and which becomes fully effective 17 May 11, 2008; and 18 (2) Some of the provisions of the REAL ID Act require states to: 19 (a) Issue a driver's license or state identification card in a uniform 20 format, containing uniform information, all as prescribed by the Depart- 21 ment of Homeland Security; 22 (b) Verify the issuance, validity and completeness of all primary docu- 23 ments used to issue a driver's license, such as those showing that the 24 bearer is a U.S. citizen or a lawful alien, a lawful refugee, or a person 25 holding a valid visa; 26 (c) Provide for secure storage of all primary documents that are used to 27 issue a federally approved driver's license or state identification card; 28 (d) Provide fraudulent document recognition training to all persons 29 engaged in issuing driver's licenses or state identification cards; and 30 (e) Issue a driver's license or state identification card in a prescribed 31 format if it is a license or card that does not meet the criteria provided 32 for a federally approved license or identification card; and 33 (3) Use of the federal minimum standards for state driver's licenses and 34 state-issued identification cards will be necessary for any type of federally 35 regulated activity for which an identification card must be displayed, includ- 36 ing flying in a commercial airplane, making transactions with a federally 37 licensed bank, entering a federal building, or making application for feder- 38 ally supported public assistance benefits, including social security; and 39 (4) Some of the intended privacy requirements of the REAL ID Act, such as 40 the use of common machine-readable technology and state maintenance of a data- 41 base that can be shared with the United States and agencies of other states, 42 may actually make it more likely that a federally required driver's license or 43 state identification card, or the information about the bearer on which the 44 license or card is based, will be stolen, sold or otherwise used for purposes 2 1 that were never intended or that are criminally related, than if the REAL ID 2 Act had not been enacted; and 3 (5) These potential breaches in privacy that could result directly from 4 compliance with the REAL ID Act may violate the right to privacy of thousands 5 of residents of Idaho; and 6 (6) The U.S. Department of Homeland Security has estimated the cost to 7 implement the REAL ID Act to be $3.9 billion to the states and $5.8 billion to 8 individuals, of which the U.S. Congress has pledged only $81.3 million, or 9 less than 1% of the total cost; and 10 (7) For all these reasons, seventeen states passed legislation opposing 11 the REAL ID Act in 2007, including Idaho, which passed House Joint Memorial 12 No. 3 declaring refusal to participate in the REAL ID program; and 13 (8) The regulations that have been adopted by the U.S. Department of 14 Homeland Security to implement the requirements of the REAL ID Act were issued 15 in January of 2008, and pushed compliance with the REAL ID Act to 2014 for 16 individuals born after 1964, and to 2017 for individuals born before 1964, 17 undercutting any security rationale that might have existed for the original 18 act; and 19 (9) The final regulations promulgated by the U.S. Department of Homeland 20 Security fail to address the well known privacy problems with the REAL ID Act 21 and in some cases, such as the issue of whether the machine-readable zone as 22 encrypted may have exacerbated the problem; and 23 (10) The federal government has been ineffective in stopping illegal immi- 24 gration, resulting in millions of persons who are present in the United States 25 of America without authorization; and 26 (11) Securing our borders will greatly reduce the number of persons who 27 enter our country without authorization and will do far more to provide secu- 28 rity to our society than will increasing scrutiny on law-abiding American cit- 29 izens by way of the REAL ID program; and 30 (12) The mandate to the states, through federal legislation that provides 31 no funding for its requirements, to issue what is, in effect, a national iden- 32 tification card, appears to be an attempt to "commandeer" the political 33 machinery of the states and to require them to be agents of the federal gov- 34 ernment in violation of the principles of federalism contained in the 10th 35 Amendment to the Constitution of the United States as construed by the United 36 States Supreme Court in New York v. United States, 488 U.S. 1041 (1992), 37 United States v. Lopez, 514 U.S. 549 (1995), and Printz v. United States, 521 38 U. S. 898 (1997); and 39 (13) It is within Idaho's rights to protest the commandeering of its posi- 40 tion in the Union by acts of Congress and the President of the United States. 41 SECTION 2. That Chapter 3, Title 40, Idaho Code, be, and the same is 42 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 43 ignated as Section 40-322, Idaho Code, and to read as follows: 44 40-322. DIRECTIVE ON IMPLEMENTATION OF THE FEDERAL REAL ID ACT OF 2005. 45 (1) The legislature finds that the enactment into law by the U.S. congress of 46 the REAL ID act of 2005, as part of public law 109-13, is inimical to the 47 security and well-being of the people of Idaho, will cause unneeded expense 48 and inconvenience to those people and was adopted by the U.S. congress in 49 violation of the principles of federalism contained in the 10th amendment to 50 the constitution of the United States. 51 (2) The legislature hereby declares that the state of Idaho shall not 52 participate in the implementation of the REAL ID act of 2005. The Idaho trans- 53 portation board and the Idaho transportation department, including the motor 3 1 vehicles division of the Idaho transportation department are directed not to 2 implement the provisions of the REAL ID act of 2005, and to report to the gov- 3 ernor and to the constitutional defense council created in chapter 63, title 4 67, Idaho Code, any attempt by agencies or agents of the U.S. department of 5 homeland security to secure implementation of the REAL ID act of 2005, through 6 the operations of that department.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Jorgenson Seconded by Kelly IN THE SENATE SENATE AMENDMENTS TO H.B. NO. 606 1 AMENDMENTS TO SECTION 1 2 On page 2 of the printed bill, in line 38, delete "; and" and delete lines 3 39 and 40 and insert: ".". 4 AMENDMENTS TO SECTION 2 5 On page 3, in line 2, delete ", and to report to the gov-" and delete 6 lines 3 through 6 and insert: "."; and following line 6, insert: 7 "(3) Nothing in this act shall prevent the Idaho transportation board and 8 the Idaho transportation department from taking reasonable steps to enhance 9 the security of Idaho state driver's licenses and identification cards.". 10 AMENDMENT TO THE BILL 11 On page 3, following line 6, insert: 12 "SECTION 3. Sections 1 and 2 of this act shall be in full force and effect 13 on and after July 1, 2008. Provided however, that if the United States Depart- 14 ment of Homeland Security revises its final administrative regulation, 6 CFR 15 Part 37, relating to the REAL ID, and the Governor of the State of Idaho sub- 16 sequently determines that such revised final regulation is acceptable to the 17 State of Idaho, by Executive Order the Governor may initiate implementation of 18 REAL ID during the 2008 interim, notwithstanding the provisions of Section 19 40-322, Idaho Code. However, continued implementation of REAL ID shall be sub- 20 ject to the approval by the members of the First Regular Session of the 21 Sixtieth Idaho Legislature. Such legislative approval shall be evidenced by 22 the repeal of Section 40-322, Idaho Code.". 23 CORRECTIONS TO TITLE 24 On page 1, in line 7, delete "AND TO REQUIRE REPORTING TO THE GOVERNOR AND 25 THE CONSTITUTIONAL"; delete lines 8 and 9 and insert: "AND TO PROVIDE FOR 26 SECURITY OF DRIVER'S LICENSES AND IDENTIFICATION CARDS; AND PROVIDING AN 27 EFFECTIVE DATE WITH A CONTINGENCY.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 606, As Amended in the Senate BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO IMPLEMENTATION OF THE FEDERAL REAL ID ACT OF 2005; STATING FIND- 3 INGS OF THE LEGISLATURE; AND AMENDING CHAPTER 3, TITLE 40, IDAHO CODE, BY 4 THE ADDITION OF A NEW SECTION 40-322, IDAHO CODE, TO STATE FINDINGS OF THE 5 LEGISLATURE, TO DIRECT THE IDAHO TRANSPORTATION BOARD AND THE IDAHO TRANS- 6 PORTATION DEPARTMENT NOT TO IMPLEMENT THE PROVISIONS OF THE REAL ID ACT OF 7 2005 AND TO PROVIDE FOR SECURITY OF DRIVER'S LICENSES AND IDENTIFICATION 8 CARDS; AND PROVIDING AN EFFECTIVE DATE WITH A CONTINGENCY. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. The Second Regular Session of the Fifty-ninth Idaho Legisla- 11 ture hereby finds that: 12 (1) In May of 2005, the U.S. Congress enacted the REAL ID Act of 2005 as 13 part of the Emergency Supplemental Appropriations Act for Defense, the Global 14 War on Terror, and Tsunami Relief Act (Public Law 109-13), which was signed by 15 President George W. Bush on May 11, 2005, and which becomes fully effective 16 May 11, 2008; and 17 (2) Some of the provisions of the REAL ID Act require states to: 18 (a) Issue a driver's license or state identification card in a uniform 19 format, containing uniform information, all as prescribed by the Depart- 20 ment of Homeland Security; 21 (b) Verify the issuance, validity and completeness of all primary docu- 22 ments used to issue a driver's license, such as those showing that the 23 bearer is a U.S. citizen or a lawful alien, a lawful refugee, or a person 24 holding a valid visa; 25 (c) Provide for secure storage of all primary documents that are used to 26 issue a federally approved driver's license or state identification card; 27 (d) Provide fraudulent document recognition training to all persons 28 engaged in issuing driver's licenses or state identification cards; and 29 (e) Issue a driver's license or state identification card in a prescribed 30 format if it is a license or card that does not meet the criteria provided 31 for a federally approved license or identification card; and 32 (3) Use of the federal minimum standards for state driver's licenses and 33 state-issued identification cards will be necessary for any type of federally 34 regulated activity for which an identification card must be displayed, includ- 35 ing flying in a commercial airplane, making transactions with a federally 36 licensed bank, entering a federal building, or making application for feder- 37 ally supported public assistance benefits, including social security; and 38 (4) Some of the intended privacy requirements of the REAL ID Act, such as 39 the use of common machine-readable technology and state maintenance of a data- 40 base that can be shared with the United States and agencies of other states, 41 may actually make it more likely that a federally required driver's license or 42 state identification card, or the information about the bearer on which the 43 license or card is based, will be stolen, sold or otherwise used for purposes 44 that were never intended or that are criminally related, than if the REAL ID 2 1 Act had not been enacted; and 2 (5) These potential breaches in privacy that could result directly from 3 compliance with the REAL ID Act may violate the right to privacy of thousands 4 of residents of Idaho; and 5 (6) The U.S. Department of Homeland Security has estimated the cost to 6 implement the REAL ID Act to be $3.9 billion to the states and $5.8 billion to 7 individuals, of which the U.S. Congress has pledged only $81.3 million, or 8 less than 1% of the total cost; and 9 (7) For all these reasons, seventeen states passed legislation opposing 10 the REAL ID Act in 2007, including Idaho, which passed House Joint Memorial 11 No. 3 declaring refusal to participate in the REAL ID program; and 12 (8) The regulations that have been adopted by the U.S. Department of 13 Homeland Security to implement the requirements of the REAL ID Act were issued 14 in January of 2008, and pushed compliance with the REAL ID Act to 2014 for 15 individuals born after 1964, and to 2017 for individuals born before 1964, 16 undercutting any security rationale that might have existed for the original 17 act; and 18 (9) The final regulations promulgated by the U.S. Department of Homeland 19 Security fail to address the well known privacy problems with the REAL ID Act 20 and in some cases, such as the issue of whether the machine-readable zone as 21 encrypted may have exacerbated the problem; and 22 (10) The federal government has been ineffective in stopping illegal immi- 23 gration, resulting in millions of persons who are present in the United States 24 of America without authorization; and 25 (11) Securing our borders will greatly reduce the number of persons who 26 enter our country without authorization and will do far more to provide secu- 27 rity to our society than will increasing scrutiny on law-abiding American cit- 28 izens by way of the REAL ID program; and 29 (12) The mandate to the states, through federal legislation that provides 30 no funding for its requirements, to issue what is, in effect, a national iden- 31 tification card, appears to be an attempt to "commandeer" the political 32 machinery of the states and to require them to be agents of the federal gov- 33 ernment in violation of the principles of federalism contained in the 10th 34 Amendment to the Constitution of the United States as construed by the United 35 States Supreme Court in New York v. United States, 488 U.S. 1041 (1992), 36 United States v. Lopez, 514 U.S. 549 (1995), and Printz v. United States, 521 37 U. S. 898 (1997). 38 SECTION 2. That Chapter 3, Title 40, Idaho Code, be, and the same is 39 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 40 ignated as Section 40-322, Idaho Code, and to read as follows: 41 40-322. DIRECTIVE ON IMPLEMENTATION OF THE FEDERAL REAL ID ACT OF 2005. 42 (1) The legislature finds that the enactment into law by the U.S. congress of 43 the REAL ID act of 2005, as part of public law 109-13, is inimical to the 44 security and well-being of the people of Idaho, will cause unneeded expense 45 and inconvenience to those people and was adopted by the U.S. congress in 46 violation of the principles of federalism contained in the 10th amendment to 47 the constitution of the United States. 48 (2) The legislature hereby declares that the state of Idaho shall not 49 participate in the implementation of the REAL ID act of 2005. The Idaho trans- 50 portation board and the Idaho transportation department, including the motor 51 vehicles division of the Idaho transportation department are directed not to 52 implement the provisions of the REAL ID act of 2005. 53 (3) Nothing in this act shall prevent the Idaho transportation board and 3 1 the Idaho transportation department from taking reasonable steps to enhance 2 the security of Idaho state driver's licenses and identification cards. 3 SECTION 3. Sections 1 and 2 of this act shall be in full force and effect 4 on and after July 1, 2008. Provided however, that if the United States Depart- 5 ment of Homeland Security revises its final administrative regulation, 6 CFR 6 Part 37, relating to the REAL ID, and the Governor of the State of Idaho sub- 7 sequently determines that such revised final regulation is acceptable to the 8 State of Idaho, by Executive Order the Governor may initiate implementation of 9 REAL ID during the 2008 interim, notwithstanding the provisions of Section 10 40-322, Idaho Code. However, continued implementation of REAL ID shall be sub- 11 ject to the approval by the members of the First Regular Session of the 12 Sixtieth Idaho Legislature. Such legislative approval shall be evidenced by 13 the repeal of Section 40-322, Idaho Code.
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STATEMENT OF PURPOSE
RS 18033
The Real ID Act of 2005 is an unfunded mandate imposed by Congress on the states.
It is estimated that the cost of compliance is approximately $10 billion dollars,
yet Congress has only appropriated less than 1% of this amount to help the states
with Real ID.
This bill would prohibit the Idaho Transportation Department from implementing
the provisions of the federal Real ID Act of 2005, while at the same time giving
the Governor the flexibility to initiate implementation of Real ID should the
U.S. Department of Homeland Security modify their final rule such that it is
acceptable to the Governor. Additionally, the bill allows the Transportation
Department to make improvements to our drivers licenses as that department sees
fit to do so.
The legislation finds that the Real ID Act was passed without proper debate in
the US Congress, that the Act is an attempt to commandeer the political machinery
of the States and to require them to be agents of the federal government. This
is in violation of the principles of federalism contained in the Tenth Amendment
to the Constitution.
Real ID creates a huge database of linked state databases and will put the
personal information of Idahoans at risk to identity theft. In 2007, 17 states
passed legislation against the Real ID Act, with seven of those states passing
statutory bans against implementing the Act. Last year Idaho passed HJM 3,
resolving not to comply with Real ID. This bill would codify that resolution.
On January 10 of this year, the Department of Homeland Security issued final
regulations for implementation of the Real ID Act. This final rule failed to fix
the majority of problems and brushed aside many of the states' legitimate
concerns.
In its regulations, the Department of Homeland Security offered states an
extension of the May 2008 statutory deadline until December 2009. Idaho applied
for, and received, that extension in order to assess whether the state should
comply with the law. Because of the federal government's repeated failure to fix
or fund the Real ID Act, it is time for Idaho to send a clear message to
Washington that the Real ID Act will not be implemented in its current form in
Idaho.
FISCAL NOTE
If Idaho were to comply with the Real ID Act of 2005 the startup costs will be
in the range of $20 million with ongoing costs of about $5.0 million per year.
CONTACT:
Name: Rep. Phil Hart, Rep. Lenore Barrett, Rep. JoAn Wood, Rep. Dean
Mortimer, Rep. Pete Neilson, Rep. Dick Harwood, Rep. Liz
Chavez,
Sen. Mike Jorgenson, Sen. Shirley McKague, Sen. Monte Pearce
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 606aaS
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