Folmer introduces bill, Corbett, PennDOT not talking
With the next federal deadline for the enactment of REAL ID around the corner, Pennsylvania’s governor and Department of Transportation (PennDOT) are keeping mum about the execution of the mandate in the commonwealth.
Danielle Klinger, spokesperson for PennDOT, called at the eleventh hour to say the department would not discuss the potential implementation of the bill in Pennsylvania, after previously indicating she would.
“We’re not going to be responding,” said Ms. Klinger, refusing to comment further.
PennDOT would be responsible for executing REAL ID but several forces have lined up to oppose its implementation since the federal bill was signed by President George W. Bush. In 2009, PennDOT indicated they would not move forward on REAL ID unless it was federally funded.
Mike Folmer
But if nothing has changed, they’re not telling.
REAL ID was passed as part of a military spending bill in 2005, the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief. Under the auspices of catching and preventing terrorist use of state-issued driver’s licenses, REAL ID would replace state driver’s licenses with national identification cards.
Among the most controversial portions of the bill include the digital storage of private information, such as Social Security numbers; the push to include the information in national “verification databases”; and the fact the federal government is not funding the program in any way.
The program is expected to cost $100-$120 million to get off the ground in Pennsylvania, with subsequent expenses of $40-$50 million annually after that.
Andy Hoover, legislative director for the Pennsylvania ACLU, said nothing has been heard from the federal Department of Homeland Security (DHS) about meeting the May 10 deadline for full compliance.
“I think what everybody’s doing is waiting to see what federal government does. The ball’s in their court at this point,” said Mr. Hoover. “We’re going to wait and see how they handle this in the next three months and go from there.”
And Chris Calabrese, legislative counsel at ACLU, said the fight against REAL ID on the federal level has been very successful.
“There really isn’t an effort to build a number of the systems in the law, combining everyone’s person information in a national driver’s license database,” said Mr. Calabrese. “While there hasn’t been a formal contention, it’s a program as constituted now as effectively dead.”
But PennDOT’s refusal to discuss REAL ID raises questions about whether it will launch in Pennsylvania, even with no action on the part of DHS. Meanwhile, state Sen. Mike Folmer (R – Berks), has reintroduced his legislation from last session to block the state from implementing any part of REAL ID.
His bill, S.B. 354, was referred to the Senate Communications and Technology Committee on Feb. 1, which Mr. Folmer chairs.
John Basial, counsel for Mr. Folmer, said while the bill might not be as pressing as resolving Pennsylvania’s $4-$5 billion projected deficit next year, it is still important.
“It’s not only protecting people’s civil liberties,” said Mr. Basial. “It’s also significant cost-savings for Pennsylvania. Its implementation cost is in the millions, and maintenance was multimillions in the future.”
Beyond that, Mr. Basial said it came down to an issue of state versus federal prerogative.
“Sen. Folmer, who’s a big believer in the federal and state constitutions, believes it’s the state’s prerogative to issue drivers license,” said Mr. Basial. “It’s a state-issued driver’s license which are…universally accepted. The implementation of REAL ID could be seen as requiring internal travel documents for the U.S., which is something reminiscent of totalitarian societies.”
Erik Arneson, spokesperson for the Senate Republicans, said “we are optimistic that SB 354 can be passed in both chambers and signed by Governor [Tom] Corbett.”
But despite impressions from several spokespersons Mr. Corbett would sign Mr. Folmer’s bill, repeated calls to the governor’s office went unanswered.
Spokesperson for House Democrats, Bill Patton, said no measure was yet introduced in the state House this session but that the members will “carefully review” anything the Senate passes. He pointed to H.B. 1443, introduced last session by now-retired state Rep. Sam Rohrer (R – Berks), which had broad bipartisan support.
Steve Miskin, spokesperson for House Republicans, said a majority of the members supported a bill opposing REAL ID in Pennsylvania.
“There’s definitely been concerns about this whole REAL ID from the beginning,” Mr. Miskin said. “We did have a resolution previously to withdraw from it.”
Senate Democrats did not return calls for comment.
To date, 23 states have said they will not implement REAL ID, including Arkansas, Arizona, Colorado, Georgia, Hawaii, Idaho, Illinois, Louisiana, Maine, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Dakota, Oklahoma, South Carolina, Tennessee, Utah, Virginia, and Washington.
“I can’t see how realistically the states could be expected to do anything,” said Mr. Calabrese. “It doesn’t mean there might not be efforts to push states to prod them. If they tried to push states into some kind of compliance action it would largely be a bluff. DHS’ only real enforcement would be to say citizens of those states couldn’t travel on airplanes and they’ve already demonstrated they’re not ready to go down that road.”
