House
File
237
-
Introduced
HOUSE
FILE
237
BY
SCHULTZ
A
BILL
FOR
An
Act
concerning
implementation
of
the
federal
REAL
ID
Act
of
1
2005.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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237
Section
1.
FINDINGS
AND
INTENT.
1
1.
The
general
assembly
finds
that
the
enactment
into
2
law
of
the
federal
REAL
ID
Act
of
2005,
contained
in
Pub.
3
L.
No.
109-13,
is
inimical
to
the
security
and
well-being
4
of
the
people
of
Iowa,
will
cause
unnecessary
expense
and
5
inconvenience
to
those
people,
and
was
adopted
by
the
United
6
States
Congress
in
violation
of
the
principles
of
federalism
7
contained
in
the
tenth
amendment
to
the
Constitution
of
the
8
United
States.
9
2.
It
is
the
intent
of
the
general
assembly
that
the
State
10
of
Iowa
shall
not
participate
in
the
implementation
of
the
REAL
11
ID
Act
of
2005.
12
Sec.
2.
NEW
SECTION
.
321.173
REAL
ID
Act
of
2005
——
13
implementation
prohibited.
14
1.
The
department
shall
not
implement
the
provisions
of
the
15
federal
REAL
ID
Act
of
2005,
contained
in
Pub.
L.
No.
109-13,
16
and
shall
report
to
the
governor
and
the
general
assembly
any
17
attempt
by
agencies
or
agents
of
the
United
States
department
18
of
homeland
security
to
secure
the
implementation
of
the
REAL
19
ID
Act
of
2005
through
the
operations
of
the
department
of
20
transportation
or
any
other
agency
of
this
state
or
a
political
21
subdivision
of
this
state.
22
2.
No
department,
agency,
or
officer
of
this
state,
or
23
of
any
of
its
political
subdivisions,
charged
with
motor
24
vehicle
registration
or
regulation,
the
issuance
or
renewal
of
25
driver’s
licenses,
or
the
issuance
or
renewal
of
nonoperator’s
26
identification
cards
shall
collect,
obtain,
or
retain
any
data
27
in
connection
with
activities
related
to
complying
with
the
28
REAL
ID
Act
of
2005.
29
3.
Nothing
in
this
section
is
intended
to
prevent
the
30
department
from
taking
reasonable
steps
to
enhance
the
security
31
of
Iowa
driver’s
licenses
and
nonoperator’s
identification
32
cards.
33
EXPLANATION
34
On
May
11,
2005,
Congress
passed
the
REAL
ID
Act
of
2005
35
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as
part
of
the
Emergency
Supplemental
Appropriations
Act
1
for
Defense,
the
Global
War
on
Terror,
and
Tsunami
Relief,
2
2005.
The
REAL
ID
Act
establishes
standards,
procedures,
3
and
requirements
that
must
be
met
if
state-issued
driver’s
4
licenses
and
identification
cards
are
to
be
accepted
as
valid
5
identification
for
certain
federal
purposes,
such
as
boarding
6
an
aircraft
or
visiting
a
federal
facility.
This
bill
states
7
the
general
assembly’s
findings
that
the
REAL
ID
Act
is
8
inimical
to
the
security
and
well-being
of
the
people
of
Iowa,
9
will
cause
unnecessary
expense
and
inconvenience,
and
violates
10
the
principles
of
federalism
contained
in
the
tenth
amendment
11
to
the
Constitution
of
the
United
States.
The
bill
states
12
the
general
assembly’s
intent
that
Iowa
not
participate
in
13
implementation
of
the
REAL
ID
Act.
14
The
bill
prohibits
the
department
of
transportation
from
15
implementing
the
provisions
of
the
REAL
ID
Act
and
requires
16
the
department
to
report
any
attempt
by
the
U.S.
department
of
17
homeland
security
to
secure
the
state’s
implementation
of
the
18
REAL
ID
Act.
19
The
bill
further
prohibits
any
agency
of
the
state
or
its
20
political
subdivisions
charged
with
duties
relating
to
motor
21
vehicle
registration
or
regulation,
or
to
the
issuance
of
22
driver’s
licenses
and
nonoperator’s
identification
cards,
23
to
collect,
obtain,
or
retain
any
data
in
connection
with
24
activities
related
to
compliance
with
the
REAL
ID
Act.
25
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