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ACT No. 151
Regular Session, 2010
HOUSE BILL NO. 870
BY REPRESENTATIVE GEYMANN
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 ENROLLEDHB NO. 870
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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 proposed Pass ID Act contains provisions which authorize the states to13
opt out of the Act and, therefore, for the reasons stated herein, the legislature hereby utilizes14
this Act as its statement to the Congress that the state of Louisiana will elect not to15
participate in or enforce the provisions of the Pass ID Act of 2009, if enacted.16
(8) That this legislation is the same situation that REAL ID attempted to create, and17
at least twenty-four states have, through legislation, opposed the implementation of the18
REAL ID Act.19
Section 2. The Legislature of Louisiana does hereby direct the Department of Public20
Safety and Corrections, including the office of motor vehicles, not to implement the21
provisions of the PASS ID Act or any future Act of Congress containing provisions22
substantially similar, specifically those requiring the use of a specific identification card23
containing machine-readable information; and to report to the governor any attempt by24
agencies or agents of the United States Department of Homeland Security to secure the25
implementation of any such Act through the operations of that division and department.26
Section 3. This Act shall become effective upon signature by the governor or, if not27
signed by the governor, upon expiration of the time for bills to become law without signature28
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If29 ENROLLEDHB NO. 870
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vetoed by the governor and subsequently approved by the legislature, this Act shall become1
effective on the day following such approval.2
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: