SCR28

WHEREAS, in 2005, Congress enacted the Real ID Act of 2005, P.L. 109-13, which requires state standards, procedures, and requirements for the issuance of drivers' licenses and identification cards, if they are to be accepted as identification documents by the federal government for specified purposes; and

WHEREAS, the states are required to meet the mandates of the Real ID Act of 2005 by May 11, 2008; and

WHEREAS, the mandates created under the Real ID Act of 2005 require additional federal funding for:

(1) Upgrading the systems required to electronically verify identity documents, including birth certificates, United States Passports, foreign passports, and social security numbers; and

(2) Developing a nation-wide system that allows a state to verify whether another state has issued a driver's license or identification card to a certain person; and

WHEREAS, the mandates created pursuant to the Real ID Act of 2005 require state funding for:

(1) The issuance of compliant drivers' licenses and state identification cards;

(2) Ensuring the physical security of locations where drivers' licenses and identification cards are produced and the security of the raw materials from which they are made;

(3) Providing additional training and background checks for department of motor vehicle employees; and

(4) Upgrading and adapting existing systems for compliance; and

WHEREAS, President George W. Bush's fiscal year 2007 budget request fails to provide any funds to state governments or any additional funds to the federal government for the implementation of the Real ID Act of 2005; and

WHEREAS, the Real ID Act of 2005 was attached as a rider to part of a vital piece of legislation, which contained provisions for emergency appropriations to fund military operations in Iraq and Afghanistan, as well as to provide relief to tsunami victims, and thereby received little scrutiny prior to its passage; and

WHEREAS, the manner by which the Real ID Act of 2005 was passed raises questions as to whether the measure would have been approved alone on its own merits; and

WHEREAS, the vast majority of state lawmakers have expressed strong opposition to the implementation of the Real ID Act of 2005, largely due to its creation of unfunded mandates, the increased burden placed on state offices and personnel, and the lack of sufficient time for compliance; and

WHEREAS, the United States Department of Homeland Security, to date, has failed to promulgate rules for the implementation of the Real ID Act of 2005; and

WHEREAS, in December 2006, United States Senator Daniel K. Akaka and United States Senator John E. Sununu introduced Senate Bill 4117 to repeal the Real ID Act of 2005; and

WHEREAS, specifically, Senate Bill 4117 seeks to repeal title II of the Real ID Act of 2005, to reinstitute section 7212 of the Intelligence Reform and Terrorism Prevention Act of 2004, which provides states additional regulatory flexibility and funding authorization to more rapidly produce tamper- and counterfeit-resistant driver's licenses, and to protect privacy and civil liberties by providing interested stakeholders on negotiated rulemaking with guidance to achieve improved twenty-first century licenses to improve national security; and

WHEREAS, the State of Hawaii is interested in protecting against terrorist entry into and terrorist activities being conducted within the State and the United States; and

WHEREAS, the State of Hawaii is committed to increased security and the unimpeachable integrity of their drivers' licenses and state identification cards processes; and

WHEREAS, the State of Hawaii is also committed to compliance with the Real ID Act of 2005, should appropriate rules be adopted and funding be provided for implementation; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2007, the House of Representatives concurring, that the Legislature of the State of Hawaii strongly supports the passage of United States Senate Bill 4117, and any other legislation that calls for the repeal, amendment, or provision of proper funding for the implementation of the Real ID Act of 2005; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the President of the United States through the Secretary of State, the Majority Leader of the United States Senate, the Speaker of the United States House of Representatives, and the members of Hawaii's congressional delegation.

	OFFERED BY:	_____________________________

Report Title:

Real ID Act of 2005; Congress; Support of S.4117

THE SENATE	S.C.R. NO.	28
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII