40-322. DIRECTIVE ON IMPLEMENTATION OF THE FEDERAL REAL ID ACT OF 2005. (1) The legislature finds that the enactment into law by the U.S. congress of the REAL ID act of 2005, as part of public law 109-13, was adopted by the U.S. congress in violation of the principles of federalism contained in the 10th amendment to the constitution of the United States. The legislature reaffirms this position, while acknowledging that failure to implement certain provisions could adversely affect Idaho’s citizens and businesses. Furthermore, it is the intent of the legislature to continue to protect the privacy and security of the state’s residents.

(2) The legislature hereby declares that the state of Idaho shall:

(a) Meet the requirements for driver’s licenses and identification cards, as described in title II of the REAL ID act of 2005, as such requirements existed on January 1, 2016;

(b) Not comply with any additional requirements enacted after January 1, 2016, without the express statutory approval of the Idaho state legislature;

(c) Submit compliance extension requests and status reports for the purposes outlined in paragraph (a) of this subsection to the United States department of homeland security.

(d) At such time as the Idaho transportation board and the Idaho transportation department achieve approval by the department of homeland security for issuance of REAL ID compliant driver’s licenses and identification cards, any applicant for an Idaho driver’s license or identification card shall be offered the option of obtaining a REAL ID compliant license or identification card or an Idaho driver’s license or identification card that is not REAL ID compliant. In offering an applicant the option of a REAL ID compliant or REAL ID noncompliant driver’s license or identification card, the department shall provide the applicant with written information of the following for both REAL ID compliant and noncompliant driver’s licenses and identification cards:

(i) The purposes for which REAL ID compliant and noncompliant driver’s licenses and identification cards are valid;

(ii) What types, if any, of electronic copies of source documents will be retained by the department for REAL ID compliant and noncompliant driver’s licenses and identification cards;

(iii) Whether facial image capture will be retained by the department, even if a driver’s license or identification card is not issued, for REAL ID compliant and noncompliant driver’s licenses and identification cards; and

(iv) Any other information the department deems necessary to inform the applicant about REAL ID compliant and noncompliant driver’s licenses and identification cards.

(3) This act shall be construed as to allow the Idaho transportation board and the Idaho transportation department to take reasonable and necessary steps to enhance the security of Idaho state driver’s licenses and identification cards to ensure their acceptance for commercial airline travel within the United States.

(4) Beginning January 1, 2016, the department shall report to the senate transportation committee and the house of representatives transportation and defense committee on the acceptance of compliance extension requests and status reports to the United States department of homeland security, as set forth in subsection (2) of this section. Such report shall be submitted concurrently with the department’s report on progress the department is making toward upgrading and implementing the division of motor vehicles’ automated system. Such report shall be submitted no later than January 1 of each year through 2020, unless extended or revoked by the legislature.

History:

[40-322, added 2008, ch. 385, sec. 2, p. 1060; am. 2015, ch. 42, sec. 1, p. 94; am. 2016, ch. 228, sec. 1, p. 625; am. 2017, ch. 175, sec. 1, p. 405.]