The REAL ID Presentation to SEARCH Matt Sundeen National Conference of State Legislatures July, 2007 9/15/2019 NCSL

Background Driver's licenses currently issued by states under Constitutional authority of the 10th Amendment States issue approximately 240 million driver's licenses and ID cards in the U.S. (1.72 million in Colorado) Prior to 2005, state standards governed issuance of noncommercial licenses and identification cards Eligibility, testing procedures, lawful presence, license content Federal standards govern commercial licenses 9/15/2019 NCSL

Driver's License Purpose Only required purpose of the driver's license is to prove state sanction to drive 2. Because it is so common, the driver's license is also often used to verify identity 9/15/2019 NCSL

Main Driver's License Issues Protect integrity of the license issuance Ensure that a person receiving the license meets the necessary competency standards and has a verifiable identification Verifiability Ability to authenticate the license document, driver history and identity of the license holder 9/15/2019 NCSL

About the "REAL ID Act of 2005" Introduced January 2005 by Rep. Sensenbrenner (HR 1268) Passed in House in February without a committee hearing In March, attached to "must pass" supplemental war and tsunami relief bill Signed by President Bush May 11, 2005 (P.L. 109-13) Terminated a negotiated rulemaking process 9/15/2019 NCSL

What Does REAL ID do? By May 11, 2008 states must adopt new federal standards for DL/ID cards. After the deadline, the federal government will not accept the DL/ID card from a non-compliant state for a federal purpose. DHS determines standards and state compliance Federal purpose includes Boarding a commercial aircraft Entering a federal building Entering a nuclear power plant Other purposes determined by DHS 9/15/2019 NCSL

Key REAL ID Provisions Minimum standards for federal use of a driver's license or identification card Minimum license and card design requirements Minimum standards for issuing a license or identification card Immigration requirements Verification of documents Data retention, storage and sharing Security and fraud prevention at DMV Federal funding 9/15/2019 NCSL

Time for REAL ID Implementation Act requires compliance by May 2008 DHS issued draft regulations in March 2007 Final regulations not expected until August 2007 Draft regulations require states to reenroll all DL/ID card holders by May 11, 2013 9/15/2019 NCSL

Key Concerns for States Cost Privacy Federalism Other 9/15/2019 NCSL

REAL ID Costs NCSL, AAMVA, NGA study estimated $11 billion over first 5 years ($1 billion start up, $10 billion ongoing) DHS estimates $23.1 billion over 10 years ($10-14 billion for states) Cost factors Verification of source documents Document changes DMV security Background checks of all DMV employees Data retention and storage Software and database requirements More employees Short time for compliance 9/15/2019 NCSL

Implementation Funds Federal appropriations for implementation = $40 million ($6 million for pilot programs in KY and NH) DHS is allowing states to use up to 20 percent of their 2007 Homeland Security Grant program funds for REAL ID implementation 9/15/2019 NCSL

Privacy MRT bar code content Database linkages and electronic access (data more widely available) Address protections on the document Background checks of DMV employees (criminal and financial) The biggest issue 9/15/2019 NCSL

REAL ID and Federalism Driver's licenses for non-commercial drivers historically within the sole authority of the state Recent history of costly federal mandates (No Child Left Behind) REAL ID perceived as another costly mandate without any real debate 9/15/2019 NCSL

Other Concerns Effectiveness Change in State Requirements Verification of source documents and immigration documents difficult (Secret Service estimates 16,000 entities issue birth certificates in the US) Legitimate card holders can be terrorists Change in State Requirements Legal presence (8 states don't require) Use of matricula consular as ID (10 states allow) Other issues (religious concern raised) 9/15/2019 NCSL

Solutions Time Money Verification Systems Flexibility Other Extend compliance deadline Implement 10-year reenrollment schedule Money Congress needs to provide funds $1 billion in start-up Verification Systems Provide electronic verification systems needed Require states to employ systems only when they become available Flexibility Allow state innovation Establish card security criteria based on performance not technology Other Allow reciprocity for people already vetted by the federal government Adopt uniform naming conventions to facilitate electronic verification between files 9/15/2019 NCSL

Options for States Comply Urge Congress to act Don't comply Study - costs Urge Congress to act Don't comply Citizens would need other identification for federal purposes Study Develop funding mechanisms Alternative driving certificates 9/15/2019 NCSL

2007 State Legislative Activity 128 bills in 43 states Anti REAL ID (2/3 of the bills) Compliance (20%) Study, funding, alternative driving certificates 33 bills have passed in 24 states 9/15/2019 NCSL

Anti-REAL ID Legislation 80 bills or resolutions considered in 35 states 20 states passed 25 measures Refusal to comply bills (ME, MT, NH, OK, SC, WA) Refusal to fund (ID) Resolutions urging repeal, amendment or indicating intent to not comply (AR, AZ, CO, HI, IL, MO, MI, NE, ND, NV, TN, UT) 9/15/2019 NCSL

REAL ID Compliance Legislation 29 bills considered by 17 states 4 states enacted compliance type legislation IN, MI, NV, OH Funding provisions MI, OH, TN, VA CO passed a study requirement 9/15/2019 NCSL

Federal Activity SB 717 (Akaka, Sununu, Leahy, Tester) Repeals REAL ID and replaces it with negotiated rulemaking Provides specific authorization Privacy protections SB 563 (Collins) Extends implementation deadline Ensures electronic verification systems are available prior to states being required to use them Establishes post draft rule negotiated rulemaking HR 1117 (Allen (ME)) Repeals REAL and requires negotiated rulemaking Additional privacy protections 9/15/2019 NCSL

REAL ID: NCSL Activity 2006 NCSL, NGA, AAMVA submitted report on costs and recommendations to DHS Testimony in Congress Testimony to several states Working to "fix and fund" REAL ID NCSL Policy NCSL will call for the repeal of the REAL ID if, by Dec. 31, 2007, Congress fails to adopt changes outlined in the Sept. 2006 report and provide full funding for implementation. 9/15/2019 NCSL

NCSL REAL ID Web Page www.ncsl.org/realid Text of the bill Draft Regulations 2006 Cost Report Legislative tracking database Media reports NCSL evaluation of draft regulations More 9/15/2019 NCSL

Contact Information Matt Sundeen National Conference of State Legislatures 7700 East First Place Denver, CO 80230 Ph: (303) 364-7700 ext. 1539 Fax: (303) 364-7800 matt.sundeen@ncsl.org 9/15/2019 NCSL