| Legislators want state to reject ID
By Jake Stump Daily Mail Staff
www.dailymail.com
Real ID Act is a real bad idea, according to states that have already passed laws defying the controversial initiative that would establish a national ID system.
Some West Virginia lawmakers are hoping the state follows the lead of six others -- Maine, Montana, New Hampshire, Oklahoma, South Carolina and Washington -- that have decided not to comply with the federal law requiring new driver's licenses nationwide.
This new system, first recommended by the 9/11 Commission, aims to thwart fraud, identify theft and terrorism.
But state legislatures say the law is too invasive of civil rights and would cost millions of dollars. The National Conference of State Legislatures estimates it would cost states more than $11 billion collectively.
Earlier estimates from the West Virginia Division of Motor Vehicles indicate the state would spend at least $65 million to meet the new federal requirements.
Sen. Clark Barnes, R-Randolph, believes that's an extremely conservative estimate and that West Virginia could actually be paying more than $200 million.
Barnes said he discussed the issue at length with Maine legislators at the recent legislative conference for the Council of State Governments in Puerto Rico.
Maine, which has a population of 1.2 million, estimated a price tag of $185 million. Barnes noted West Virginia has a higher population at 1.8 million and a similar driver's license system.
"I compared how they did their license applications, and it sounded like we were doing things identically," Barnes said. "So I would challenge the figures in our estimate."
Though the federal government is advising states to comply with Real ID, it is not contributing any money to the effort.
The federal government can't force states to comply, though residents of noncompliant states may be restricted from airports and federal buildings if their driver's licenses do not meet national standards.
But if that were the case, residents in those states would likely still be able to use other forms of ID to board planes or enter a federal building.
Barnes was one of 13 sponsors of bipartisan Senate legislation that was introduced in February to resist the Real ID Act. The House introduced a similar bill, but both fizzled out in committees.
Delegate Bonnie Brown, D-Kanawha, was one of the lead sponsors of the House bill. She believes the federal act would pose more harm on innocent, law-abiding citizens rather than its intended targets -- criminals and terrorists.
"It would be such a hardship, especially on elderly people," Brown said. "It's just a nightmare right now.
"I don't see how spending millions of dollars on this is going to prevent terrorism. And frankly, we don't have the money."
Lawmakers are hopeful the recent actions of other state legislatures will spur West Virginia into passing a bill before the May 2008 deadline for compliance. States are to have completed implementation by May 2013.
The federal law passed in response to the Sept. 11, 2001, terrorist attacks. It requires all states to bring their driver's licenses under a national standard and to link their record-keeping systems. States must verify identification used to obtain a driver's license, such as birth certificates, Social Security numbers and passports.
Lara Ramsburg, spokeswoman for Gov. Joe Manchin, said the governor has assembled a team that is currently evaluating the possible ramifications of Real ID.
She said she expected a decision from the governor by the end of summer on whether or not to commit to the system.
"The cost is a tremendous challenge," Ramsburg said. "There are also technology issues. Are we going to spend money putting this in and have to spend more down the road if rule changes alter it significantly?"
The new ID cards will contain the same information as current driver's licenses -- a person's name, date of birth, sex, ID number, address and signature.
But the cards might come in black-and-white, instead of color, and be printed on an expensive polycarbonate material.
The state's current driver's licenses already contain three layers of security -- overt, covert and confidential. Some of those features include the holograms and barcode on the license, which prevent duplication.
Some believe major civil liberties violations will emerge from a national ID system. That could pose an even bigger problem than any monetary costs associated with the act.
"It's not the Methodist grandmother in Buckhannon who's hijacking airplanes and threatening this country," Barnes said. "What really ticks me off is the federal government keeps asking us to give up our civil liberties to be safe. We've got folks coming in from the outside causing these problems."
Because every state will have easy access to a nationwide database under Real ID, Barnes believes West Virginia residents could be unfairly treated in other states. For instance, he wondered if a West Virginian heading to Canada for a hunting trip would be pulled over in Massachusetts and have the vehicle searched.
"Massachusetts is a state with very controlled gun laws," Barnes said. "Police could find out if he purchased a box of 30-30 shells in West Virginia through this system. Every agency in the country would know if he's made a purchase, and that bothers me."
Senate Judiciary Committee Chairman Jeff Kessler, D-Marshall, also sponsored the anti-Real ID bill earlier this year.
Kessler doesn't think the state will end up complying with the law.
"I'd be very reluctant to give the federal government any additional authority over these issues," Kessler said. "I've seen how the current administration has infringed on civil rights. But the Constitution gives individual states enough control over what goes on within their boundaries."
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