HOUSE CONCURRENT RESOLUTION NO. 77
(By Delegates Swartzmiller, Iaquinta, Ennis, Longstreth, Pethtel,
Shook, Staggers, Azinger and Tansill)
[Introduced March 7, 2007; referred to the Committee on Rules.]
Requesting the Joint Standing Committee on Government and Finance
to conduct a study of the effects of the REAL ID Act of 2005
on Homeland Security functions at the state level and the role
of Biometric Identification Systems in the development and
implementation of security standards.
Whereas, Congress passed the REAL ID Act of 2005 as part of the
Emergency Supplemental Appropriations Act for Defense, the Global
War on Terror, and Tsunami Relief Act; and
Whereas, The U.S. Department of Homeland Security has
established minimum security standards for state-issued driver's
licenses and identification cards to bring states into compliance
with the provisions of the REAL ID Act by May 11, 2008; and
Whereas, The provisions of the REAL ID Act are a direct result
of recommendations made by the 9/11 Commission in response to the
hijackers' ability to obtain driver's licenses using false
information; and
Whereas, The U.S. Department of Homeland Security may make
grants to assist states in conforming with the minimum federal
standards of the REAL ID Act, further study is needed to determine
the specific costs to the state; and
Whereas, The REAL ID Act requires states to employ technology to retain digital images of identity source documents in electronic
storage and to subject each person applying for a driver's license
or identification card to mandatory "facial image capturing"; and
Whereas, Congress has mandated that states transition over the
next several years to a system whereby driver's licenses can be
used as identification for a whole host of purposes, such as,
providing greater security, more convenience and additional
protection of privacy than current identification systems; and
Whereas, Biometrics refers to automated mechanisms which
measure physiological and behavioral characteristics that can be
used to identify, record or audit an individual's transactions,
provide security access to computer systems or provide physical
access to facilities; and
Whereas, Biometric technologies could mitigate security risks
and enable the proper authorities to better combat terrorism and
illegal immigration, track sex offenders, reduce fraud, and
increase government efficiencies through identity management
systems; and
Whereas, West Virginia is in a position to leverage its
expertise in biometric identification technologies in cooperation
with the Department of Defense Biometric Fusion Center located in
Clarksburg, West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Standing Committee on Government and Finance is
hereby requested to study the effects of the REAL ID Act of 2005 on
Homeland Security functions at the state level and the role of Biometric Identification Systems in the development and
implementation of security standards.; and, be it
Further Resolved, That the Joint Standing Committee on
Government and Finance appoint an interim committee to conduct the
study, composed of a designated number of Senators appointed by the
President of the Senate, nine members of the House Committee on
Veterans Affairs and Homeland Security appointed by the Speaker of
the House of Delegates and chaired by the House Homeland Security
Chairman; and be it
Further Resolved, That the Joint Committee on Government and
Finance report to the Regular Session of the Legislature, 2008, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations; and
be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
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