106051-1:n:01/27/2009:LCG/tan LRS2009-96
OPPOSING FURTHER IMPLEMENTATION OF THE FEDERAL REAL ID ACT OF 2005 AND URGING PRIOR APPROVAL OF THE ALABAMA LEGISLATURE BEFORE FINAL IMPLEMENTATION OF THE ACT OR THE IMPLEMENTATION OF ANY FUTURE SIMILAR ACT.
WHEREAS, the State of Alabama recognizes the Constitution of the United States as our charter of liberty and that the Bill of Rights enshrines the fundamental and inalienable rights of Americans, including the freedom of privacy and freedom from unreasonable searches; and
WHEREAS, the Constitution of the State of Alabama of 1901 enumerates our rights to liberty and to be secure against unreasonable intrusions of government upon our liberty; and
WHEREAS, the REAL ID Act of 2005 places a costly, unfunded mandate on the states that according to the National Conference of State Legislatures, the National Governors Association, and the American Association of Motor Vehicle Administrators will cost states more than $11 billion to implement over five years; and
WHEREAS, the projected cost of compliance with the REAL ID Act in Alabama is between 4 and 4.5 million dollars, with an anticipated annual expense of $275,000; and
WHEREAS, security measures to protect the public should be carefully designed and employed to enhance public safety without infringing on the civil liberties and rights of innocent citizens of Alabama and the United States; and
WHEREAS, Division B of an act of the United States Congress entitled "Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005," Pub.L. 109-13, ("REAL ID Act") in effect creates a national identification card by requiring that uniform information be placed on every state driver's license, requiring this information to be machine readable in a standard format, and requiring the use of this card for any federal purpose including air travel; and
WHEREAS, the REAL ID Act requires the creation of a massive public sector database containing the driver's license information for every American, accessible to every state and federal law enforcement officer; and
WHEREAS, the REAL ID Act enables the creation of an additional massive private sector database of driver's license information gained from scanning the machine-readable information contained on every driver's license; and
WHEREAS, REAL ID, by requiring some form of biometric information, violates the religious beliefs and conscience of some citizens of Alabama; and
WHEREAS, the REAL ID Act contains onerous record verification and retention provisions that place unreasonable burdens on both the Department of Revenue and on others required to verify records; and
WHEREAS, REAL ID would provide little security benefit, while still leaving identification systems open to insider fraud, counterfeit documentation, and database failures; now therefore,
BE IT RESOLVED BY THE LEGISLATURE OF ALABAMA, BOTH HOUSES THEREOF CONCURRING, That 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, which was adopted by the U.S. Congress in violation of the principles of federalism contained in the 10th Amendment to the U.S. Constitution, is unfavorable to the security and well-being of the people of Alabama; its implementation will cause unneeded expense in a time of reduced funding at the federal, state, and local levels due to the economic crises, as well as inconvenience to those people.
BE IT FURTHER RESOLVED, That the State of Alabama requests and urges Congress to delay or repeal the mandate of further participation in the implementation of the REAL ID Act of 2005. The Department of Public Safety is requested to seek advice on whether it is necessary to further implement the provisions of the REAL ID Act of 2005. The department is further requested to report to the Governor any attempt by agencies or agents to secure the implementation of the REAL ID Act beyond those minimal actions as are absolutely required by law. If allowed by Congress or the President, all information already collected for the REAL ID Act of 2005 by the Alabama departments including any collection of biometric data shall be deleted and expunged from the public record as well as all databases; and the system should be reverted to pre-2005 requirements.
BE IT FURTHER RESOLVED, That we respectfully request that any future attempt by Congress to implement a national ID system in the State of Alabama, or any collection of biometric information on citizens of Alabama should be approved by the Alabama State Legislature before the implementation of such act. Any attempt to nationalize the Alabama driver's license system, or to require a federally issued identifying number or system will be considered to be against the spirit of this resolution.
BE IT FURTHER RESOLVED, That a copy of this resolution be provided to each member of the Alabama Congressional Delegation as an expression of our strong sentiments of opposition to an unnecessary, burdensome, and expensive National ID program.