Real ID Act
December 21, 2007

Whenever the Legislature is developing its budget, there are a host of unknowns, ranging from the amount of taxes that will be collected to the cost of maintaining the state’s infrastructure. In some instances, the unknown comes from the federal level – and such is the case with the so-called REAL ID Act.

The Legislature’s Select Committee on Infrastructure has been examining the impact the federal REAL ID Act will have on West Virginia. The concept of REAL ID came out of recommendations contained within the 9/11 Commission Report, which called for secure driver’s licenses and ID cards (DL/ID cards) among other changes.

The commission’s recommendations were implemented in the Intelligence Reform and Terrorism Prevention Act of 2004, along with rule-making process regarding DL/ID cards.

But in 2005, Congress passed the REAL ID Act as a rider to an emergency military spending bill, replacing the negotiated rule-making process with prescriptive standards. Under the act, states must meet certain requirements for DL/ID cards by May 11, 2008. If a state fails to do so, its residents would not be able to use state-issued driver’s licenses or ID’s for certain federal purposes, such as boarding a commercial aircraft or entering a federal building.

The law requires states to electronically verify the validity of all identification documents, such as birth certificates and utility bills. Each state must also provide other states electronic access to its motor vehicles database. States also must ensure the physical security of locations where the cards are produced. While the cards must meet certain standards, those standards have yet to be adopted

This is a major challenge for states. The law requires states to start following these standards by May 2008, but the regulations creating the standards are still in the draft phase.

Another challenge is the cost of implementation. The federal government allocated $40 million for state implementation. Of this, $31.1 million is earmarked for competitive grants for states, with another $4 million set aside for database connectivity grants. But the National Conference of State Legislatures estimates the start up cost for states will be more than $1 billion, and another $10 billion over the first five years.

Yet another challenge is verification of documents and data. There are a number of existing databases, but under the proposed rules, states would be able to query these databases but not add or change information. States are also required to submit a comprehensive security plan for protecting citizens’ privacy.

According to NCSL, of the 130 bills related to REAL ID introduced in state legislatures this year, about 66 percent have been anti-REAL ID, with only 20 percent in favor of compliance and many of the remaining bills calling for the study or funding of alternatives.

But many state lawmakers, including some in West Virginia, see a potential positive effect. During the 2007 legislative session, the House adopted House Concurrent Resolution 77, which calls for a study of the effects of the REAL ID Act of 2005 on homeland security functions at the state level. The resolution points to the role of "biometric identification systems," which are automated mechanisms that measure physiological and behavioral characteristics that can be used to identify, record or audit an individual’s transactions, provide security access to computer systems or provide physical access to facilities.

Such technology "could mitigate security risks and enable the proper authorities to better combat terrorism and illegal immigration, track sex offenders, reduce fraud, and increase government efficiencies through identity management systems," HCR77 states.

I welcome and appreciate your input on these or any other legislative issues. Write to House Majority Leader Joe DeLong, Building 1, Room 228-M, 1900 Kanawha Blvd. E., Charleston, 25305, or joe@joedelong.com, or call 304-340-3220.