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                                                       PRINTER'S NO. 578



No. 100 Session of 2007

           MARCH 6, 2007


                                  A RESOLUTION

     1  Memorializing the Congress of the United States to repeal or
     2     delay the creation of a national identification card and the
     3     implementation of the REAL ID Act of 2005.

     4     WHEREAS, In May 2005 the Congress of the United States passed
     5  the REAL ID Act of 2005 (REAL ID Act) as part of the Emergency
     6  Supplemental Appropriations Act for Defense, the Global War on
     7  Terror, and Tsunami Relief Act, 2005 (Public Law 109-13), which
     8  was signed by President Bush on May 11, 2005, and which becomes
     9  fully effective May 11, 2008; and
    10     WHEREAS, The House of Representatives of the Commonwealth of
    11  Pennsylvania denounces terrorism in all its forms and condemns
    12  all acts of terrorism by any entity, wherever the acts occur;
    13  and
    14     WHEREAS, Any new security measures to protect against
    15  terrorist attacks should be carefully designed to enhance public
    16  safety without infringing on the civil liberties and rights of
    17  citizens; and

     1     WHEREAS, The REAL ID Act constitutes an unfunded mandate by
     2  the Federal Government to the states; and
     3     WHEREAS, It will cost the Commonwealth of Pennsylvania an
     4  estimated $100 million to implement the REAL ID Act; and
     5     WHEREAS, The implementation of the REAL ID Act intrudes upon
     6  the states' sovereign power to determine their own policies for
     7  identification, licensure and credentialing of individuals
     8  residing therein; and
     9     WHEREAS, The REAL ID Act requires the creation of a massive
    10  public sector database containing information on every American
    11  that is accessible to all motor vehicle agency employees and law
    12  enforcement officers nationwide and that can be used to gather
    13  and manage information on citizens, which is neither the
    14  business nor the responsibility of government; and
    15     WHEREAS, The REAL ID Act enables the creation of additional
    16  massive private sector databases, combining both transactional
    17  information and driver's license information gained from
    18  scanning the machine-readable information contained on every
    19  driver's license; and
    20     WHEREAS, These public and private databases are likely to
    21  contain numerous errors and false information, creating
    22  significant hardship for Americans attempting to verify their
    23  identities in order to fly, open a bank account or perform any
    24  of the numerous functions required to live in the United States
    25  today; and
    26     WHEREAS, The REAL ID Act requires a driver's license to
    27  contain a person's actual home address and makes no exception
    28  for individuals in potential danger, such as undercover law
    29  enforcement officials or victims of domestic violence, stalking
    30  or criminal harassment; and
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     1     WHEREAS, The REAL ID Act contains onerous record verification
     2  provisions that place unreasonable burdens on Pennsylvanians
     3  renewing their drivers' licenses; and
     4     WHEREAS, Some of the intended privacy requirements of the
     5  REAL ID Act, such as the use of common machine-readable
     6  technology and state maintenance of a database that can be
     7  shared with the United States Government and agencies of other
     8  states, may actually make it more likely that a federally
     9  required driver's license or state identification card, or the
    10  information about the bearer on which the license or card is
    11  based, will be stolen, sold or otherwise used for purposes that
    12  were never intended or that are criminally related than if the
    13  REAL ID Act had not been enacted; and
    14     WHEREAS, These potential breaches in privacy that could
    15  result directly from compliance with the REAL ID Act may violate
    16  the right to privacy of thousands of Pennsylvanians; and
    17     WHEREAS, Identification-based security provides only limited
    18  security benefits because it can be avoided by defrauding or
    19  corrupting card issuers and because it gives no protection
    20  against people not already known to be planning or committing
    21  wrongful acts; and
    22     WHEREAS, A growing number of states have proposed and passed
    23  legislation that opposes the implementation of the REAL ID Act;
    24  therefore be it
    25     RESOLVED, That the House of Representatives of the
    26  Commonwealth of Pennsylvania support the intention of the United
    27  States Government to prevent terrorism, but not at the expense
    28  of the essential civil rights and liberties of the citizens of
    29  this country; and be it further
    30     RESOLVED, That the House of Representatives oppose any
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     1  portion of the REAL ID Act that violates the rights and
     2  liberties guaranteed under the Constitution of Pennsylvania or
     3  the Constitution of the United States, including the Bill of
     4  Rights; and be it further
     5     RESOLVED, That the House of Representatives urge the
     6  Pennsylvania Congressional Delegation to support measures to
     7  repeal the REAL ID Act or to delay its implementation until such
     8  time as sufficient funds are available to adequately cover the
     9  costs of implementation and amendment is made to preserve
    10  essential civil rights and liberties of the citizens of this
    11  country; and be it further
    12     RESOLVED, That copies of this resolution be transmitted to
    13  the presiding officers of each house of Congress and to each
    14  member of Congress from Pennsylvania.

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