Eleven organizations came together in coalition during the 2009 legislative session to pass legislation that would prohibit the implementation of the Real ID Act of 2005. On March 30, 2009, Governor Kaine signed HB 1587/ SB 1431, which places limitations on the federal Real ID Act as it applies to Virginia drivers. The still-unimplemented federal law requires DMVs in every state to collect and store background information on every driver, but the Virginia law will prevent DMV from collecting financial data (such as tax returns or personal investment information) or biometric samples or data (such as DNA, fingerprints, or retinal scans) from drivers, even if it is required by the Real ID Act.
Senator Ken Cuccinelli took the initiative further by amending Senator Yvonne Miller's SB 1046 to prohibit the addition of computer or RFID chips to driver's licenses. The Department of Homeland Security Secretary, Janet Napolitano, who, as Governor, signed legislation prohibiting the implementation of Real ID in her state of Arizona in June of 2008, is now pushing EDL's (Enhanced Driver's Licenses) as an alternative to Real ID that would include RFID chips. RFID chips were added to passports in 2007 and have been cloned by groups around the world. RFID readers can be purchased on Ebay for as little as $40 and can read any information stored on those chips from as far away as 70 ft. posing a real threat of identity theft.
Delegate Bob Marshall and Senator Ken Cuccinelli took a bold stand to protect the citizens of Virginia. The grassroots fought feverishly to lobby the House & Senate for support of this important legislation and won making Virginia the 22nd state to pass such legislation.