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                                                      PRINTER'S NO. 1066



No. 126 Session of 2007

           MAY 31, 2007

           MAY 31, 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 into law on May 11, 2005, and which becomes fully
     9  effective May 11, 2008; and
    10     WHEREAS, The Senate of the Commonwealth of Pennsylvania
    11  denounces terrorism in all its forms and condemns all acts of
    12  terrorism by any entity, wherever the acts occur; and
    13     WHEREAS, Any new security measures to protect against
    14  terrorist attacks should be carefully designed to enhance public
    15  safety without infringing on the civil liberties and rights of
    16  citizens; and
    17     WHEREAS, The REAL ID Act constitutes an unfunded mandate by

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

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