A REAL hassle
New REAL ID rules can be a pain for some

By Damian Mann
Mail Tribune
August 05, 2008

At 93, Natalie Padno is pretty sure she knows who she is.

Unfortunately, new regulations at Oregon Driver and Motor Vehicle Services have forced the Ashland woman to jump through a few hoops to prove her identity so she could renew her driver's license.

"It has really made me ill," said Padno. "I have been walking around like a zombie. My husband is in hospice right now."

Her 73-year-old daughter, Barbara Keene said, "This is so absurd. It's obvious she is not a terrorist or an alien."

Padno and her daughter are not alone in being upset after dealing with the complexities of the new DMV regulations that took effect July 1.

Government-issued birth certificates, marriage certificates and other paperwork are now required but are often difficult to obtain.

The new rules require proof of citizenship or lawful presence in the U.S. and official documents to verify a Social Security number. The rules were created to weed out people falsely claiming to live in Oregon, which corresponds with regulations already in place in other states.

The new law would make it difficult for illegal aliens to get a license and moves the state toward compliance with the federal REAL ID Act of 2005, which would create identity cards that will be required for airline flights, entering federal buildings and nuclear power plants. It could also provide more information for law enforcement agencies throughout the country.

Oregon legislators created the new, more-complex process to approve licenses so the state could eventually be compliant with the new federal law.

If any of the requirements aren't met or if the verification process finds something amiss, a driver's license won't be issued.

Generally, two documents would be required under the new rules: either a passport or birth certificate along with a Social Security card, which would provide enough information to establish identity and citizenship.

State Rep. Peter Buckley, D-Ashland, who intervened to help Padno get her license, is hoping he and other legislators can change the state laws to overcome the bureaucratic hurdles.

"The intent is good," he said. "The implementation of it borders on the absurd in some cases."

Padno has been waiting for almost three months to get her license, though the Ashland DMV eventually did issue her a three-month temporary license.

Her daughter said she understands why the new rules are in place, but added, "Unfortunately, certain other people are getting caught in the tail wind."

Padno applied for her license renewal before the new law went into effect, and was told it would be mailed to her in June. When the license did not arrive, she called the DMV to ask about her license, but by that time an official told her to bring further identification because of the new rules.

Keene said her mother may have received a new permanent license, but they are mailed in plain white envelopes now that could easily be mistaken for junk mail.

Padno's birth certificate lists her as "Baby Rubin," because her mother in New York hadn't settled on a name initially, so it was rejected by DMV officials as improper identification. She spent quite a bit of time finding the correct marriage certificate. "I just proved we were married," said Padno.

She has never left the country, her daughter said, and she has never received a passport, so that wasn't an option.

With the situation becoming ever more complicated, Padno didn't know what to do.

"She's been so distraught over it," said Keene. "She couldn't sleep. She's just been a wreck."

They contacted an attorney who suggested they go to court to get Padno's name legally changed from "Baby Rubin."

"Then, I had a brainstorm," said Keene.

She sent an e-mail to Buckley last Saturday and received a response within 20 minutes.

Buckley told them that when he went to Salem last Monday, he would contact the DMV to see whether there was some way to resolve this matter.

It turned out that because Padno had contacted the DMV during a 60-day grace period after her license was renewed, the new rules actually didn't apply to her.

On Wednesday, Keene said the DMV contacted her to say a license would be sent out and should be received within 24 to 48 hours.

By Friday, she hadn't received it.

"I'm getting antsy," said Padno.

Buckley said he opposed the identification law in Oregon partly because he knew it would cause these kinds of problems.

"People in Oregon who have lived here 50 years or all of their life are the most likely to be affected," he said. "Women who have been married and changed their names also appear to have the most difficulty," he said.

Someone who recently immigrated into the U.S. might find it easier to get a license because they would have to prove their identities, said Buckley, who said he has received four calls from constituents having problems. He urged others to call or write if they need help.

While some may blame the DMV, Buckley said it is just following the new rules set by the Legislature. He added he is hoping that a new administration in the White House will allow changes to the REAL ID Act of 2005. If the federal law were changed, the state would have more flexibility altering its own laws.

He said 14 states have so far refused to comply with the new law.

Buckley said he also has concerns because the federal mandate comes without sufficient money for states to implement it.

"Everyone's in full agreement we should have control of our borders," said Buckley. But the question of illegal aliens in this country, he said, is a problem the federal government should tackle and not just leave to the states.

DMV spokesman David House said the Legislature will face a dilemma if they try to change the law, because the state's extension to comply with the REAL ID Act will run out at the end of 2009.

Other states are already requiring this identification process.

"Oregon has never had it," he said. "People who have lived here a long time or all of their lives have never had to face it."

He predicted it would take many years before Oregonians get used to the new law, though a majority of those coming into the DMV have been bringing the proper identification, he said.

Reach reporter Damian Mann at 776-4476 or dmann@mailtribune.com.

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