HOUSE FILE 620

BY  COMMITTEE ON STATE GOVERNMENT

(SUCCESSOR TO HF 237)

A BILL FOR

An Act concerning implementation of the federal REAL ID Act of 2005.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  FINDINGS AND INTENT.
   1.  The general assembly finds that the enactment into law of the federal REAL ID Act of 2005, contained in Pub. L. No. 109-13, is inimical to the security and well-being of the people of Iowa, will cause unnecessary expense and inconvenience to those people, and was adopted by the United States Congress in violation of the principles of federalism contained in the tenth amendment to the Constitution of the United States.
   2.  It is the intent of the general assembly that the State of Iowa shall not participate in the implementation of the REAL ID Act of 2005.
   Sec. 2.  NEW SECTION.  321.173  REAL ID Act of 2005 —— implementation prohibited.
   1.  The department shall not implement the provisions of the federal REAL ID Act of 2005, contained in Pub. L. No. 109-13, and shall report to the governor and the general assembly any attempt by agencies or agents of the United States department of homeland security to secure the implementation of the REAL ID Act of 2005 through the operations of the department of transportation or any other agency of this state or a political subdivision of this state.
   2.  No department, agency, or officer of this state, or of any of its political subdivisions, charged with motor vehicle registration or regulation, the issuance or renewal of driver’s licenses, or the issuance or renewal of nonoperator’s identification cards shall collect, obtain, or retain any data in connection with activities related to complying with the REAL ID Act of 2005.
   3.  Nothing in this section is intended to prevent the department from taking reasonable steps to enhance the security of Iowa driver’s licenses and nonoperator’s identification cards.
EXPLANATION
   On May 11, 2005, Congress passed the REAL ID Act of 2005 as part of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005. The REAL ID Act establishes standards, procedures, and requirements that must be met if state-issued driver’s licenses and identification cards are to be accepted as valid identification for certain federal purposes, such as boarding an aircraft or visiting a federal facility. This bill states the general assembly’s findings that the REAL ID Act is inimical to the security and well-being of the people of Iowa, will cause unnecessary expense and inconvenience, and violates the principles of federalism contained in the tenth amendment to the Constitution of the United States. The bill states the general assembly’s intent that Iowa not participate in implementation of the REAL ID Act.
   The bill prohibits the department of transportation from implementing the provisions of the REAL ID Act and requires the department to report any attempt by the U.S. department of homeland security to secure the state’s implementation of the REAL ID Act.
   The bill further prohibits any agency of the state or its political subdivisions charged with duties relating to motor vehicle registration or regulation, or to the issuance of driver’s licenses and nonoperator’s identification cards, to collect, obtain, or retain any data in connection with activities related to compliance with the REAL ID Act.