Thread: MAINE: Critics seek to ease driver's license rules

http://pressherald.mainetoday.com/story ... 6&ac=PHnws

Critics seek to ease driver's license rules

State House: They object to parts of a law passed last year aimed at reducing the risk of fraud.
By MATT WICKENHEISER, Staff Writer February 1, 2009
AUGUSTA — Opponents of a Maine law that tightened driver's license requirements say they will attempt to repeal portions of the measure, which the Legislature approved last spring under pressure from the federal government.

The bill imposed several changes aimed at making driver's licenses more secure, including requirements that applicants prove they are in the country legally and that they are state residents. The changes were sought by Democratic Gov. John Baldacci to avert a showdown with the U.S. Department of Homeland Security, which contended Maine's lax standards encouraged fraud.

But critics argued that the stricter requirements infringe on civil liberties. They are hoping the change to a Democratic presidential administration will result in changes to the national law, known as Real ID, and that the state law can be changed as well.

"It really centers around what I see as an erosion of our freedom, our liberties," said Sen. Dennis Damon, D-Trenton, who is submitting legislation to change the state law. "The supposed safety benefit coming out of this does not balance out with the loss of who we are, and our freedoms."

Damon, who as co-chairman of the Legislature's Transportation Committee considered the Maine law last year, wants to remove the requirement that applicants prove they entered the country legally.

He would also prohibit the state from using biometric technology, such as fingerprint scanners and retinal pattern recognition devices, to identify license applicants. He also wants to prohibit Maine from pooling its license data in a federal database.

Damon's proposal would leave intact a requirement that license or ID applicants prove they are Maine residents.

SOME OPPOSE CHANGES

While Damon's proposal has yet to be drafted into a bill, several lawmakers said they would likely oppose the measure. And Baldacci's office has expressed support for the law as it stands.

David Farmer, Baldacci's deputy chief of staff, said the governor would have to see a formal version of the bill. And, said Farmer, Baldacci wants to see whether the federal government makes changes to the Real ID policy. But proving you're in the country legally before you can obtain a Maine ID is reasonable, he said.

"The law we passed is reasonable, and it makes driver's licenses more secure," said Farmer.

The Legislature passed the original bill last April in the waning days of the 2008 session. The action came after the Department of Homeland Security threatened to stop accepting Maine driver's licenses as a valid form of identification for boarding commercial flights and entering federal buildings, unless the state made changes.

The federal law is aimed at making all states' driver's licenses more uniform and secure. But Maine was one of several states to pass laws prohibiting compliance with the federal law for reasons ranging from cost to privacy concerns.

The law passed last spring was viewed by critics of the federal program as a compromise with Homeland Security to comply with Real ID, said Shenna Bellows, executive director of the Maine Civil Liberties Union.

"Last year's Real ID bill was passed under duress because of unusual threats by the federal government that Mainers would be punished if we did not fall in line," Bellows said.

"With the change in administration and a more rational review of Real ID at both the federal and state levels, we are hopeful that we can restore our basic constitutional principles of privacy and equality."

President Obama's homeland security secretary, Janet Napolitano, signed a bill last spring refusing to implement Real ID in Arizona, where she was then governor, calling it an unfunded federal mandate.

WOULD COST MAINE $73 MILLION

Damon said the federal program is expected to cost $4 billion. It would cost Maine about $73 million to implement it, he said, and the federal government might contribute $1 million to the state's costs.

"I do think the change in administration will provide the opportunity for a new look at this issue," said Damon.

Rep. Edward Mazurek, D-Rockland, co-chairman of the Transportation Committee, said he was against the requirements last year, and still is. Mazurek said he didn't like the wide net the Real ID law cast.

"Go after the bad guys," he said. "Leave the good guys alone."

Another committee member, state Sen. Walter Gooley, R-Farmington, said he doesn't support Damon's proposal, based on what he's seen so far.

He acknowledged that many Maine residents are unhappy with having to provide a registered birth certificate, green card or other documentation to prove that they are here legally. But the need for security outweighs those concerns, Gooley said.

"Every Maine citizen is entitled to a certain sense of security," he said.

Sen. William Diamond, D-Windham, argued for passage of the requirements last spring. They were part of an agreement worked out with the Department of Homeland Security that gave Maine additional time to comply with Real ID, he said.

"If this is going to violate that agreement, that puts Maine citizens back out of compliance and therefore they will have difficulty accessing airplanes and federal buildings," said Diamond. "That's not a direction we want to go."

Instead of supporting Damon's legislation, said Diamond, Maine should work with the federal government to change the Real ID program.

Maine issues about 220,000 licenses and identification cards a year. The requirement for proof of Maine residency went into effect last April; the one requiring applicants to prove they're in the country legally took effect in November.

It's that requirement that Mainers are still unhappy about, said Secretary of State Matthew Dunlap.

A critic of the federal law, Dunlap believes the Legislature and governor's office did what they had to last year. But he says he doesn't believe Real ID will make the country safer, and noted that the terrorists who conducted the Sept. 11, 2001, attacks were in the country legally.

"It's not going to be a terribly effective deterrent against terrorism. They'll find another way," said Dunlap.

Staff Writer Matt Wickenheiser can be contacted at 791-6316 or at:

mwickenheiser@pressherald.com

He acknowledged that many Maine residents are unhappy with having to provide a registered birth certificate, green card or other documentation to prove that they are here legally. But the need for security outweighs those concerns, Gooley said.

I'll bet that the only ones who are unhappy are the ones who are in this country illegally.

[quote]civil liberties (lÄ*b'É™r-tÄ“z)

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Those freedoms which are, or should be, guaranteed to persons to protect an area of non-interference from others, particularly power holders and legal authorities. Civil liberties are especially invoked to limit the justifiable coercive power of the state: for example, freedom from arbitrary arrest, or detention, and habeas corpus; freedom of speech; freedom of lawful assembly; freedom of association and of movement; and the right not to incriminate oneself. Some civil liberties are seen as implications of respect for the rule of law; for example, the right to a fair trial. The importance of civil liberties has been reflected in attempts to provide constitutional guarantees for them.

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In general, the rights to freedom of thought, expression, and action, and the protection of these rights from government interference or restriction. Civil liberties are the hallmark of liberal, democratic “freeâ€

I must be numb? What does this have to do with my post?

But critics argued that the stricter requirements infringe on civil liberties

Sorry woriredamerican......did I misread parts of the article?

Originally Posted by uniteasone

But critics argued that the stricter requirements infringe on civil liberties

Sorry woriredamerican......did I misread parts of the article?

No, I just needed to see why you posted it. I see "But critics argued that the stricter requirements infringe on civil liberties" part now. Thanks

The ACLU lawyers are commies crud!

Yeah I kept reading it thinking I missed something on there. And it always refers to "the critics" and you often wonder who the crtics are that are speaking out. And as always it is the civil liberties unions. and u r right they are commies!!!! Thank you WorriedAmerican..........