October 16, 2007

The Libertarian Party of Alabama recognizes that certain provisions of the federal REAL ID Act of 2005 negatively impact the privacy rights of the citizens of the Alabama as well as impose an unfunded mandate upon the taxpayers of the state. Because of the negative impact of this federal legislation, the Libertarian Party of Alabama strongly encourages the state Legislature to enact legislation denying the implementation of REAL ID in Alabama.

WHEREAS Article I, Section 1 of the Constitution of the State of Alabama enumerates the right of men to enjoy and defend life and liberty and to pursue happiness; and

WHEREAS Article I, Section 5 of the Constitution of the State of Alabama guarantees the right of Alabamians to be secure against unreasonable searches and seizures, and

WHEREAS Article I, Section 35 of the Constitution of the State of Alabama states that the only legitimate end of government is to protect the citizen and when government assumes other functions it usurps and oppresses the citizens of Alabama; and

WHEREAS The REAL ID Act of 2005 places a costly, unfunded mandate on the states that according to the National Conference of State Legislatures, the National Governors Association and the American Association of Motor Vehicle Administrators will cost states more than $11 billion to implement over five years; and

WHEREAS The projected cost of compliance to the REAL ID Act in Alabama is between 4 and 4.5 million dollars, with an anticipated annual expense of $275,000; and

WHEREAS The REAL ID Act includes provisions that will make every complying driver’s license a National ID by requiring states to share their motor vehicle databases, and

WHEREAS REAL ID databases are likely to contain numerous errors and false information, creating significant hardships for Alabamians seeking to verify their identity in order to exercise their rights to conduct legal economic activity and enjoy individual liberty under the Alabama Constitution; and

WHEREAS The federal trade commission estimates that ten million Americans are victims of identity theft annually, and because of the concentration of millions of identities in the public- and private-sector databases mandated by the REAL ID Act and the tens of thousands of locations from which this data may be accessed, the Act enables the crime of identity theft; and

WHEREAS The REAL ID Act requires a driver’s license to contain a person’s actual home address and makes no exception for individuals in potential danger from its disclosure, such as undercover law enforcement personnel or victims of stalking or criminal harassment; and

WHEREAS The REAL ID Act provides little security benefit and leaves identification systems open to insider fraud, counterfeit documentation and database failures; and

WHEREAS The states of Arkansas, Colorado, Georgia, Hawaii, Idaho, Illinois, Maine, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Dakota, South Carolina, Tennessee, Utah, and Washington have already passed legislation in opposition to the REAL ID Act.

NOW, THEREFORE BE IT RESOLVED that the Alabama Legislature shall enact no legislation nor authorize any appropriation to implement the provisions of the REAL ID Act in Alabama, unless such appropriation is used exclusively to mount a constitutional challenge to the Act by the Alabama Attorney General.

BE IT FURTHER RESOLVED that the Alabama Legislature shall not use any financial resources already earmarked by the Alabama Department of Homeland Security, or any other state department or agency, for the purpose of implementing the federal REAL ID Act.

BE IT FURTHER RESOLVED that the Libertarian Party of Alabama strongly urges the Alabama delegation to the Congress and to the U.S. Senate to support measures to repeal the REAL ID Act.