Mon, Jul 06, 2009

Tucson Region

Lawmakers to feds: Keep your Real IDs

They vote to ban new driver's license, fearing a national identity document
By Howard Fischer
Capitol Media Services
Tucson, Arizona | Published: 06.12.2008
PHOENIX — State legislators gave final approval Wednesday to a ban on Arizona participating in the federal government's Real ID program.
The near-unanimous vote on HB 2677 was driven by lawmakers' concerns that the new type of driver's license, mandated three years ago by Congress, would become a de facto national identification card.
There also are fears the information about license holders, including Social Security numbers and copies of documents they provide to get the licenses in the first place, will wind up in some nationally linked database that could be "hacked" by identity thieves.
Whether the legislative wishes stick — it passed the Senate last month 21-7 — is unclear. Gubernatorial press aide Jeanine L'Ecuyer would not say Wednesday whether Gov. Janet Napolitano will sign the bill.
Only Rep. Bill Konopnicki, R-Safford, was opposed. He said his vote was a protest because he could not get a hearing on his proposal for an optional "technologically enhanced" driver's license, one the federal government would recognize but without some of the drawbacks of Real ID.
The 2005 federal law directs Homeland Security to create new standards for states to use when issuing driver's licenses, a direct outgrowth of the Sept. 11, 2001, attacks, when some of the hijackers carried fraudulently obtained state licenses.
The idea is to make it harder for people to acquire state licenses with false names as well as to ensure the licenses themselves are tamper-resistant.
But the law has provoked a firestorm from many, like Sen. Karen Johnson, R-Mesa, who believe the licenses will become a de facto national identification card, in addition to worries about the security of people's personal information.
The original deadline for implementing Real ID was last month. But when states refused to go along, Homeland Security agreed to delay that deadline at least until the end of 2009 for any state that sought an extension. Every state did.
Napolitano said her biggest concern was not privacy but what she called an "unfunded mandate" that could cost states billions of dollars.
But she did sign an agreement with Homeland Security in August to create what the governor calls a "3-in-1" license.
It could be used not only as a driver's license but would also be accepted by the federal government as proof of citizenship, meaning it could be used in lieu of a passport. That also would mean Arizona employers could accept it as proof someone is legally entitled to work in this country.
The governor, in an effort to sell the idea, said it would be optional. Residents could choose to keep their current licenses rather than purchase the more expensive ones.
But Napolitano needs legislative approval to create a new type of driver's license to deliver on her deal with Homeland Security, which is what Konopnicki was seeking to obtain with his measure, HB 2762.
But Rep. Andy Biggs, R-Gilbert, quashed Konopnicki's bill — and the governor's plan — by refusing to bring it to a vote in the House Transportation Committee, which he chairs.
Among the concerns is that Konopnicki's bill allowed 3-in-1 licenses to be embedded with a radio-frequency-identification computer chip that could be read by nearby scanners, or enable the government to track the travels of the license holder.
Biggs called it "just a steppingstone to Real ID," he said.
That is a distinct possibility.
Homeland Security spokesman Russ Knocke said last year that secure licenses like those Napolitano agreed to create eventually must be aligned with the requirements of the federal Real ID Act. And he said only states, not individuals residents, could opt out.
Konopnicki said it's unrealistic for the state to refuse to participate in Real ID without some alternative.
He said the U.S. Department of Homeland Security will, at some point, require identification it finds acceptable for people not only to cross the border but even to get on airplanes or enter federal buildings. Konopnicki said he believes the 3-in-1 license would have solved the concerns expressed by foes of Real ID while meeting the needs of Arizonans.
"It kept us out of a (national) database, gave you the ability to board an airplane," he said. "Presented to an employer, it showed you were here legally."
The deal Napolitano inked with federal officials would require those who want one of the enhanced licenses to provide proof of citizenship and a Social Security number on top of existing requirements of a photo ID, proof of age and address.