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Kaine signs bill limiting federal identification program

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Gov. Timothy M. Kaine on Monday signed a bill limiting the federal Real ID program's reach in Virginia, a move that proponents say will help protect state residents' privacy.

“I was very pleased with that,” Del. Bob Marshall, the Republican legislator who sponsored the bill, said Tuesday.

The bill allows the state to opt out of provisions of the Real ID Act if state residents’ privacy is endangered.

Real ID became law in 2005 as a security measure against terrorism. Some of its provisions called for states to comply with Homeland Security standards for driver’s licenses and identification cards, or else citizens might be denied access to airline flights and federal buildings.

The law went into effect in May 2008, though the states received extensions for compliance. In the meantime, concern emerged that Real ID was an attempt to create a national identification card system.

It would require collection and submission of cardholders’ personal information into a federal database.

Marshall’s legislation prohibits state agencies from collecting economic data from tax returns or financial information, or personal data, including DNA, fingerprints, palm prints, facial feature patterns, retinal scans or voice data.

A companion bill was sponsored by state Sen. Ken Cuccinelli, a Fairfax Republican who is running for attorney general.

The legislation, after being amended, was passed 97-0 in the House of Delegates and 39-0 in the Senate.

The last hurdle, then, was getting the governor’s OK.

Gordon Hickey, Kaine’s press secretary, said his boss thought the bill was worthwhile and will protect residents.

“He thinks it’s a good bill,” Hickey said Tuesday.

At least 42 states have concerns about Real ID, Marshall has noted.

At least 10 states have passed laws saying they will not comply with Real ID requirements, he said, and 32 states have petitioned Congress to rescind or significantly amend the statute.

The Department of Homeland Security isn’t necessarily seeking personal information, Marshall said, but the problem is the federal law contains the “presumed authority” to do so.

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