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Regular Session, 2010
HOUSE BILL NO. 870
BY REPRESENTATIVE GEYMANN
MTR VEHICLE/DRIVER LIC: Directs DPS&C not to implement the Federal PASS ID Act
AN ACT1
To direct the Department of Public Safety and Corrections to not implement the provisions2
of the Federal PASS ID Act of 2009; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. The legislature recognizes the following:5
(1) That in May 2005, the United States Congress enacted the REAL ID Act of 20056
(REAL ID Act) as part of the Emergency Supplemental Appropriations Act for Defense, the7
Global War on Terror, and Tsunami Relief Act (Public Law 109-13), which was signed by8
President Bush on May 11, 2005, and which became effective May 11, 2008.9
(2) That in the 2008 Regular Session, Act 807 was enacted and which directed the10
Department of Public Safety and Corrections, including the office of motor vehicles, not to11
implement the provisions of the REAL ID Act and to report to the governor any attempt by12
agencies or agents of the United States Department of Homeland Security to secure the13
implementation of the REAL ID Act through the operations of that division and department.14
(3) That in June 2009, Senator Daniel Akaka introduced S.1261, the "Providing for15
Additional Security in States' Identification Act of 2009" (PASS ID Act) which will repeal16
and aim to replace the Real ID Act of 2005, which has not yet been enacted.17
(4) That both of these acts mandate the use of federal minimum standards for state18
driver's licenses and state-issued identification cards will be necessary for any type of19
federally regulated activity for which an identification card must be displayed, including20
flying in a commercial airplane, making transactions with a federally licensed bank, entering21 HLS 10RS-1464 ORIGINAL
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a federal building, or making application for federally supported public assistance benefits,1
including Social Security.2
(5) That some of the intended privacy requirements of the PASS ID Act mirror those3
of the REAL ID Act, such as the use of common machine-readable technology and state4
maintenance of a database that can be shared with the United States and agencies of other5
states, may actually make it more likely that a federally required driver's license or state6
identification card, or the information about the bearer on which the license or card is based,7
will be stolen, sold, or otherwise used for purposes that were never intended or that are8
criminally related if the PASS ID Act is enacted.9
(6) That these potential breaches in privacy that could result directly from10
compliance with the PASS ID Act may violate the right to privacy, as secured by Article I,11
Section 5 of the Constitution of Louisiana, of thousands of residents of Louisiana.12
(7) That the mandate to the states, through federal legislation, to issue what is, in13
effect, a national identification card appears to be an attempt to "commandeer" the principles14
of federalism contained in the Tenth Amendment to the Constitution of the United States of15
America, as construed by the United States Supreme Court in New York v. United States, 50516
U.S. 144 (1992), United States v. Lopez, 514 U.S. 549 (1995), and Printz v.United States,17
521 U.S. 898 (1997).18
(8) That this legislation is the same situation that REAL ID attempted to create, and19
at least twenty-four states have, through legislation, opposed the implementation of the20
REAL ID Act.21
(9) That the enactment into law by Congress of any requirement for an identification22
card that will contain personal information and be required for travel and the transaction of23
business is in violation of the principles of federalism contained in the Tenth Amendment24
to the Constitution of the United States of America, and thus the state of Louisiana will not25
participate in the implementation of any such law or mandate.26
Section 2. The Legislature of Louisiana does hereby direct the Department of Public27
Safety and Corrections, including the office of motor vehicles, not to implement the28
provisions of the PASS ID Act or any future Act of Congress containing provisions29
substantially similar, specifically those requiring the use of a specific identification card30 HLS 10RS-1464 ORIGINAL
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containing machine-readable information; and to report to the governor any attempt by1
agencies or agents of the United States Department of Homeland Security to secure the2
implementation of any such Act through the operations of that division and department.3
Section 3. This Act shall become effective upon signature by the governor or, if not4
signed by the governor, upon expiration of the time for bills to become law without signature5
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If6
vetoed by the governor and subsequently approved by the legislature, this Act shall become7
effective on the day following such approval.8
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Geymann HB No. 870
Abstract: Directs DPS&C not to implement the Federal PASS ID Act of 2009 and to report
to the governor any attempt by agencies or agents of the U.S. Dept. of Homeland
Security to implement the PASS ID Act through the operations of that division and
department.
Proposed law directs DPS&C, including the office of motor vehicles, not to implement the
provisions of the PASS ID Act and to report to the governor any attempt by agencies or
agents of the U.S. Dept. of Homeland Security to secure the implementation of the PASS ID
Act or any future Act of Congress containing provisions substantially similar, through the
operations of that division and department.
Effective upon signature of governor or lapse of time for gubernatorial action.