Goals for State-Federal Action
NCSL Resolution Adopted by the Human Services and Welfare and Transportation Committee from the Fall Forum of the NCSL Standing Committees, December 2004, Savannah, Georgia
(Joint with Transportation Committee)
In 1999, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 was amended and a section that preempted traditional state authority over drivers' licensing and birth certificates was repealed. The repealed language mandated administrative activities on state and local governments without funding and compelling states to adhere to various federal standards regarding driver's licenses and birth certificates. This law primarily addressed border control and enforcement against illegal immigration, but did so by violating the National Conference of State Legislatures' basic federalism principles.
Prior to the repeal, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 stripped states of their autonomy to issue driver's licenses and process birth certificates and was in violation of the 10th Amendment to the U.S. Constitution. The 1996 Immigration Reform and Immigrant Responsibility Act, Section 656 (b) proposed rules requiring states to follow federal guidelines in issuing and producing driver's licenses. Under section 656 (b) states were mandated to:
- Obtain Social Security Numbers from both new and renewal applicants for Driver's Licenses
- Electronically verify these numbers with the Social Security Administration
- Use the social security numbers on driver's licenses issued, and
- Comply with Federal security guidelines regarding uniform, mandatory features for driver's licenses.
The issuance and production of the driver's licenses are within the purview of the states. NCSL believed and maintains strongly that the authority to issue and produce driver's licenses should continue to remain within the domain of state authority.
Given the number of previous federal demands on state departments of motor vehicles and in consideration of the recent passage of the Unfunded Mandates Reform Act (UMRA) of 1995, we commend Congress for reversing this outright and unwarranted intrusion of state authority that compelled states to be mere administrative arms of the federal government. The federal legislation required states to obtain social security numbers in order to issue a license, an activity which the preponderance of states avoid for purposes of avoiding fraud and protecting individual privacy. The promulgated rule additionally called for states to verify social security numbers with the Social Security Administration. The absence of any meaningful current or historic federal role in the administration of driver's licensing activities proved to be a sufficient basis on which the federal government receded from this incursion. Furthermore, this repeal serves to underscore the federal government's lack of power to authorize state licensing agencies to act in a particular fashion.
NCSL also opposed the provision that subjects birth certificates to a potentially wide array of regulatory standards for format and content before they could be recognized as legal documents. The National Conference of State Legislatures found both the birth certificate and driver's license provisions unacceptable and egregious violations of the spirit of the federal UMRA. In the event that Congress mandates new birth certificate requirements, they must be fully funded, allow reasonable time for implementation, and be mindful of and consistent with current state practice.
The movement of the states regarding driver's licenses has been to eliminate the use of Social Security numbers and instead issue a random ID number to the driver, or give drivers the option of using either their Social Security number or a random ID number. Section 656 of the Illegal Immigration Reform and Immigrant Responsibility Act constituted a move in the opposite direction. Additionally, NCSL felt strongly that because of the absence of any financial assistance, these proposed rules would impose an undue financial burden on the states, as well as an enormous administrative burden. This monetary burden constituted an unfunded mandate on the states and was a direct violation of the unfunded mandate act of 1994.
NCSL strongly opposes this or any attempt to establish a national driver's license or National ID card and the preemption of state authority regarding the issuance and production of driver's licenses and birth certificates.
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