Lawmakers nix feds' Real ID program

HOWARD FISCHERCapitol Media Services

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 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 provided to get the licenses in the first place, will wind up in some nationally linked database that could be "hacked" by identity thieves.

The American Civil Liberties Union, which opposes Real ID, says Arizona would become the 10th state to pass a law prohibiting compliance with the federal mandate. But that is contingent on Gov. Janet Napolitano going along with the bill the Senate approved last month on a 21-7 margin: Press aide Jeanine L'Ecuyer would not say Wednesday whether the governor will sign the bill when it reaches her desk.

Only Rep. Bill Konopnicki, R-Safford, was in opposition. But Konopnicki said his vote was a protest: He could not get a hearing on his proposal to have Arizona create an optional "technologically enhanced" driver 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 licenses. That was a direct outgrowth of the Sept. 11, 2001 attacks some of the hijackers carried state driver licenses which were obtained fraudulently.

The idea is both to make it harder for people to acquire state licenses with false names as well as ensure the licenses themselves are tamper resistant.

But the law has provoked a firestorm of protest from many, like Sen. Karen Johnson, R-Mesa, who believe the licenses will become a de facto national identification card. There also are concerns the information about license holders -- including copies of documents they provided to get the licenses in the first place -- will wind up in some nationally linked database.

The original deadline for implementing Real ID was last month. But when states refused to go along, Homeland Security agreed to delay that deadline until at least the end of 2009 for any state which sought an extension.

Arizona did -- as did all the other 49.

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 license to deliver on her deal with Homeland Security -- the approval that 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 the 3-in-1 licenses to be embedded with a radio frequency identification computer chip which could be read by nearby scanners. That could enable the government, which would know the unique number transmitted by each chip, to track the travels of those who hold the license.

Biggs called it "just a stepping stone to Real ID," he said.

That is a distinct possibility.

Homeland Security spokesman Russ Knocke said last year 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 -- and 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 to not only 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.