A little-noticed federal law passed earlier this year to create what amounts to a national ID card is expected to cost Washington state around $250 million over five years and spark a public outcry.

The REAL ID Act, passed in May as part of an $82 billion military-spending bill, has some lawmakers stewing at the National Conference of State Legislatures (NCSL) annual convention being held in Seattle this week.

The law, billed as an anti-terrorism measure, requires states to get proof that applicants for a driver's license or state identification card are U.S. citizens or legal residents of the United States.

The new requirements are aimed at stopping illegal immigrants from getting driver's licenses, thus preventing them from boarding planes or entering protected federal buildings.

The states have three years to comply. If a state doesn't, its residents would not be able to use their driver's licenses as identification to get on airplanes, cross borders or enter federal buildings. Other documents, such as a passport, would have to be used instead.

"The REAL ID Act handcuffs state officials with unworkable, unproven, costly mandates," said New York state Sen. Michael Balboni, a Republican who is chairman of the NCSL's Law and Criminal Justice Committee. He predicts longer lines to get licenses and higher fees.

The NCSL cites the act as a prime example of the federal government pre-empting state rights. Other examples cited include the No Child Left Behind Act, under which states must ensure all students are proficient in reading and math by the 2013-14 school year.

REAL ID costs


New driver's-license requirements mandated by Congress will cost Washington state an estimated $50 million a year for the first five years. Major costs include:

Increased employee time to handle initial visits of approximately 1.6 million applicants a year.

Scanning an estimated 4.7 million documents per year provided by applicants to prove their identity and lawful presence in the U.S.

Verifying the estimated 4.7 million documents each year at a new state Department of Licensing document-verification center.

Paying fees to other agencies to verify documents sent to them.

Source: State Department of Licensing

The Congressional Budget Office estimates the REAL ID Act will cost states $100 million over the next five years and authorizes grants for the states to cover those costs. However, the NCSL's own estimate puts the collective cost at up to $13 billion.

In Washington, the law is expected to cost about $50 million a year over five years to put in place, said Brad Benfield, a spokesman for the state Department of Licensing. Major costs include purchasing new equipment, hiring more employees and time spent verifying proof of citizenship.

"Our early estimate is we'd need about 500 more employees to implement the REAL ID Act," Benfield said. Of those, about 325 people would be needed just to verify citizenship documents, such as birth certificates, he said.

The act is a sleeper issue for now. State officials are just becoming aware of the matter. But the silence likely won't last long.

"I think it will be hugely controversial," Senate Majority Leader Lisa Brown, D-Spokane, said yesterday. Brown said that in addition to money worries, there are also concerns about privacy and whether the law provides much of a benefit in return.

Several prominent groups, including the National Governors Association and the Council of State Governments sent a letter to congressional leaders earlier this year opposing the law before it passed.

"The cost of implementing such standards and verification procedures for the 220 million drivers licenses issued by states represents a massive unfunded federal mandate," they wrote.

Washington Gov. Christine Gregoire doesn't have a position on the act, according to her office.

As the word gets out about the law, the protest will snowball, predicts Jennifer Shaw, legislative director for the American Civil Liberties Union of Washington state. Lawmakers "are going to look at this budget request and hit the roof," she said.

The NCSL estimates federal unfunded mandates, including the REAL ID Act — in which Congress and the government shift the cost of many programs to the states — will exceed $50 billion for 2004 and 2005.

Eminent domain: Another issue lawmakers are talking about at the NCSL conference is Congress' reaction to a recent Supreme Court decision on eminent domain.

In a 5-4 ruling in June, the Supreme Court said municipalities have broad power to bulldoze people's homes and put up shopping malls or other private development to generate tax revenue.

Several bills are pending on the matter, including a bid by Rep. Scott Garrett, R-N.J., to bar federal transportation funds from being used to make improvements on land seized through eminent domain for private development.

Legislation in the works also would ban the use of federal money for any project getting the go-ahead using the Kelo v. City of New London (Conn.) decision.

At least eight states — Arkansas, Florida, Illinois, Kentucky, Maine, Montana, South Carolina and Washington — already forbid the use of eminent domain for economic development unless it is to eliminate blight.

States need to maintain the right to make the decision for themselves without threat of retribution from the federal government, said John Hurson, a Democratic state lawmaker from Maryland and NCSL president.

The Associated Press contributed to this report.

Andrew Garber: 360-943-9882 or agarber@seattletimes.com