REFERENCE TITLE: national identification cards





State of Arizona


Forty-eighth Legislature

First Regular Session




SM 1003


Introduced by

Senators Gould: Blendu, Burns, Gray C, Harper, Huppenthal, Johnson, Verschoor; Representatives Burges, Crandall, Groe





urging the congress of the united states to enact legislation repealing the privacy violations contained in the REAL ID act of 2005.




To the Congress of the United States:

Your memorialist respectfully represents:

Whereas, in May 2005, the United States Congress enacted the REAL ID Act of 2005 (REAL ID Act) as part of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief Act (Public Law 109-13), which was signed by President Bush on May 11, 2005 and which becomes fully effective May 11, 2008; and

Whereas, some of the requirements of the REAL ID Act are that states must issue driver licenses and state identification cards in a uniform format as prescribed by the Department of Homeland Security; must verify the issuance, validity and completeness of all primary documents used to issue a driver's license, and provide for their secure storage; must provide fraudulent document recognition training to persons who issue driver licenses or state identification cards; and must issue a driver license or state identification card in a prescribed format if it does not meet the criteria provided for a federally approved license or identification card; and

Whereas, use of the federal minimum standards for state driver licenses and identification cards will be necessary for any type of federally regulated activity for which an identification card must be displayed; and

Whereas, some of the intended privacy requirements of the REAL ID Act, such as the use of common machine-readable technology and state maintenance of a database that can be shared with the United States and agencies of other state, may actually make it more likely that a federally required driver license or state identification card, or the information about the bearer on which the license or card is based, will be stolen, sold or otherwise used for purposes that were never intended or that are criminally related than if the REAL ID Act had not been enacted; and

Whereas, these potential breaches in privacy that could result directly from compliance with the REAL ID Act may violate the right to privacy of thousands of residents of Arizona; and

Whereas, the American Association of Motor Vehicle Administrators, the National Governors' Association and the National Conference of State Legislatures have estimated that the cost to the states to implement the REAL ID Act will be more than $11 billion over five years; and

Whereas, the mandate to the states, through federal legislation that provides no funding for its requirements, to issue what is effectively a national identification card appears to be an attempt to commandeer the political machinery of the states and to require them to be agents of the federal government, in violation of the principles of federalism contained in the 10th amendment to the United States Constitution; and

Whereas, some states have enacted legislation that opposes the implementation of the REAL ID Act.

Wherefore your memorialist, the Senate of the State of Arizona, prays:

1.  That the Congress of the United States take immediate action to enact legislation to correct the unfunded mandate on the states resulting from the passage of the REAL ID Act of 2005, as outlined in this Memorial.

2.  That the Secretary of State of the State of Arizona transmit copies of this Memorial to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives and each Member of Congress from the State of Arizona.