SECTION 1. Arkansas Code Title 4, Chapter 107, Subchapter 3 is
amended to add an additional section to read as follows:
4-107-304. Photographic identification required for credit card
transactions.
(a) A person, a firm, a partnership, an association, or a corporation
shall require as a condition to accepting a credit card as payment
in full or in part for goods or services positive identification
by a photograph of the credit cardholder, including without limitation,
a driver's license, a photograph on the credit card, or another
form of photo identification.
(b) A violation of subsection (a) of this section is a Class
B misdemeanor for the first offense and a Class A misdemeanor for
a subsequent offense.
WHEREAS, on May 11, 2005, President George W. Bush signed into
law the REAL ID Act of 2005 that imposes federal driver’s
license information standards on the states and requires the
states to meet certain informational verification standards,
security and fraud prevention standards, data retention and storage
standards; and
WHEREAS, after May 11, 2008, a federal agency may
not accept a driver’s license or personal identification
card unless the state that issued the license or card has been
certified by the United States Department of Homeland Security
as meeting the requirements of the REAL ID Act of 2005; and
WHEREAS, the federal REAL ID Act of 2005 authorizes the Department
of Homeland Security to make grants to assist the states in conforming
with this act but does not appropriate any funds for that purpose;
and
WHEREAS, the federal REAL ID Act of 2005 is an unfunded mandate
of a national driver's license on the people of Arkansas; and
WHEREAS, compliance with the REAL ID Act of 2005 will impose
inconveniences and higher costs on the taxpayers of Arkansas with
no corresponding benefits such as protection from terrorism and
may expose Arkansans to a greater risk of identity theft and invasion
of privacy,
NOW THEREFORE,BE IT RESOLVED BY THE SENATE OF THE EIGHTY-SIXTH
GENERAL ASSEMBLY OF THE STATE OF ARKANSAS, THE HOUSE OF REPRESENTATIVES
CONCURRING THEREIN:
THAT all members of the Arkansas congressional delegation are
requested to support the repeal of the REAL ID Act of 2005.
BE IT FURTHER RESOLVED that, after its adoption, copies of this
resolution shall be sent to members of the Arkansas congressional
delegation by the Secretary of the Senate.
Please check with Arkansas General Assembly for the most
up-to-date information.