House rebuffs REAL ID law

Rules not funded by Congress

The state House voted Wednesday to rebuff a congressional mandate that the state make its driver's licenses more secure, because the federal government did not provide money to enact the changes.

The measure, tentatively approved 72-43 after a heated debate, effectively says North Carolina will not comply with the REAL ID Act without federal funding.

The congressional plan was approved after officials learned that some Sept. 11 terrorists held driver's licenses.

Proponents of the federal law say the stringent security checks it mandates will keep government-issued identification cards out of the wallets of terrorists and illegal immigrants.

But state taxpayers would have to pay $21 million each year through 2017 to comply, in addition to a $20 million software upgrade, said bill sponsor Rep. Nelson Cole, a Reidsville Democrat. He criticized the federal government for requiring states to implement the security checks -- some of which he called a "tremendous burden" -- without offering to foot the bill.

"Without the necessary appropriations and the passing-through of funds to us to make it happen, we cannot do it," Cole said while urging House members to approve the plan.

North Carolina has already spent $4.1 million on implementing some changes from the REAL ID Act, Cole said.

If approved by the Senate and signed into law, Cole's plan would forbid the state from putting more resources into complying with the congressional measure.

But North Carolina would still be allowed to apply for and receive federal grants which could be used to bring the state into compliance. The state has applied for some grants but has yet to receive them, Cole has said.

Rep. Joe Boylan, a Pinehurst Republican, said residents' lives would be greatly interrupted should North Carolina not comply with the REAL ID Act.

For example, if the federal government does not recognize North Carolina identification cards as valid, lawyers won't be able to enter federal courthouses, Boylan said.

"This has much farther implications than just thumbing our nose at Washington, D.C.," Boylan said.

To date, 10 states have officially "opted-out" of the federal plan, by passing laws saying that their agencies will not comply with the law, according to data collected by the National Conference of State Legislatures.

Others have passed ceremonial resolutions criticizing the program.

With legislators rushing toward adjournment, it's unclear whether the General Assembly has enough time to pass the bill and send it to Gov. Mike Easley.

The bill awaits a final vote in the House; approval would send it to the Senate for consideration.