For Immediate Release
June 15, 2010
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Folmer Privacy Legislation Passes Full Senate

Bill would exempt state from federal ID card program  

HARRISBURG – Senator Mike Folmer's legislation – Senate Bill 621 – to exempt Pennsylvania from compliance with the unfunded mandate of a national identification card (REAL ID) today unanimously passed the full Senate.

"REAL ID was implemented by the federal government as a way to protect Americans from terrorists, but I believe it will redefine privacy as we know it and create a mountain of new bureaucracy and increase fees and taxes – without making us any safer," said Folmer.

The federal REAL ID Act, passed by Congress in 2005 in response to recommendations from the 9-11 Commission, mandates that states turn driver's licenses into a national identification card. Under REAL ID, state driver's licenses will not be accepted for federal purposes – including boarding an aircraft or entering a federal facility – unless they meet numerous criteria.

REAL ID also requires states to share motor vehicle databases, which will in effect, create a single, national database. Many are concerned that personal information in such a database could not be kept confidential. Digital scans of identification documents, including birth certificates and Social Security cards, would be required to be retained for at least 10 years (or a paper copy for seven years).                                                                                      

"There are some who believe Americans should be stripped of essential liberties for the greater safety of the country, but, as Ben Franklin said 'those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety,'" quoted Folmer. 

More than a dozen states, including South Carolina, New Hampshire, Maine, Montana, and Virginia, have already enacted statutes precluding their compliance with the Act.

The Pennsylvania Department of Transportation estimates implementation costs of Real ID to be upwards of $120 million; the annual cost to maintain the program would be $40-$50 million, with no assistance from the federal government. 

Senate Bill 621 is part of three-bill privacy package currently before the Senate. Senator Shirley Kitchen's Right to Body Data Privacy Act (Senate Bill 623) would prohibit government bodies from capturing or releasing biometric data without an individual's approval or knowledge.

Senator John Wozniak has proposed the Identification Card Electronic Swiping Act (Senate Bill 622) which would restrict information that can be made available from driver's licenses for marketing or other purposes beyond law enforcement. Wozniak cited a 2007 Patriot News article where Harrisburg-area night clubs used personal information from driver's licenses for marketing purposes.

The privacy legislation is supported by a number of groups, including the American Civil Liberties Union (ACLU) and the National Veterans Committee on Constitutional Affairs, which are concerned with the privacy repercussions of the federal government having the power to track our whereabouts every second of the day.

Senate Bill 621 now goes to the House of Representatives. Senate Bills 622 and 623 are in the Senate Appropriations Committee.

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