Brief⁽¹⁾

Sub. for S.C.R. 1608 would urge the United States Congress to repeal Section 656(b) of the Federal Illegal Immigration Reform and Immigration Responsibility Act. The resolution states that the section should be repealed because it:

requires state-issued driver's licenses and nondriver identification cards to contain the holder's Social Security number;

requires the state to verify with the Social Security Administration the Social Security number of each applicant for a license or identification card;

violates the rights protected by the Tenth Amendment of the United States Constitution and violates Section 7 of the Privacy Act of 1974 (P.L. 93-579);

raises serious concerns regarding establishment of a system of national identification numbers and national identification cards;

runs counter to policies of many states which specifically prohibit the use of Social Security numbers on driver's licenses; and

represents an unfunded mandate by the federal government.

A copy of the resolution would be directed to the Attorney General of the State of Kansas, the Majority and Minority Leader of the United States Senate, the Speaker and Minority Leader of the United States House of Representatives, and to each member of the Kansas Congressional Delegation.

Background

Senator Stan Clark appeared in support of the bill. Sub. for S.C.R. 1608 was the result of a subcommittee's recommendation. The resolution includes sections of S.C.R. 1603 and S.C.R. 1608.

The National Conference of State Legislatures (NCSL) reports that on September 17, 1998, NCSL and other groups held a press conference to support repeal of Section 656(b). That same day, the House Government and Oversight Committee's Subcommittee on National Economic Growth, Natural Resources, and Regulatory Affairs held a hearing on the issue of federalization of state driver's licenses. In response to these efforts, Ricardo Martinez, National Highway Transportation Safety Administrator (NHTSA), wrote a letter to Congress requesting further congressional action before NHTSA issues another rule. Congress also responded by imposing a one-year moratorium on any action taken on behalf of Section 656(b) in FY 1999. This moratorium means that states should not be concerned about being in noncompliance of the rule during 1999. NCSL indicates that it will use the one-year reprieve to continue to fight for repeal of Section 656(b). NCSL also reports that there are several members of Congress who feel that federalization of the driver's license application process is both unwarranted and unnecessary.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html.