Thread: Montana moves to reject Real ID Act

Montana moves to reject Real ID Act
Posted 1/30/2007 10:14 PM ET
By Thomas Frank, USA TODAY

Several state legislatures are considering measures opposing a federal law aimed at fighting terrorism by making driver's licenses harder to get.

The Montana House of Representatives expects to vote today on a bill that would make Montana the first state to ignore the Real ID law, which requires states to demand a minimum standard of proof of residency from people seeking driver's licenses.

The bill passed a Montana House committee 17-0 last week and needs Senate approval.

The Maine State Legislature last week became the first to approve a resolution urging Congress to overturn the law before it takes effect in May 2008. Only four of 186 Maine lawmakers voted no.

"You're going to see a lot more states getting on board," said Montana state Rep. Brady Wiseman, a Democrat who wrote the bill.

Other states with bills: Hawaii, Georgia, Massachusetts, New Mexico, Oklahoma, Vermont and Washington. State Rep. Jim Guest of Missouri, a Republican leading a national coalition against Real ID, said 30 states could pass measures opposing the law.

Residents of states that don't comply will be barred from using their licenses or state IDs to board airplanes, open bank accounts or enter federal buildings.

Wiseman and other opponents hope enough states protest or defy the law that Congress will be forced to revise or repeal it.

"If one state says no, or another state follows Maine, the whole house of cards collapses," said Barry Steinhardt of the American Civil Liberties Union.

Democratic control of Congress makes repeal more likely than before, Steinhardt said. When Real ID passed the House, 219 Republicans supported it and 152 Democrats opposed.

Rep. Lamar Smith, R-Texas, who co-sponsored the law, said Congress is "very unlikely" to repeal a law that deters terrorists "who could use a driver's license ID as cover."

The law sets the first federal standards for getting licenses, which the 9/11 Commission recommended after finding the Sept. 11 hijackers got 34 licenses and government ID cards. Seven hijackers lied on residency statements.

Everyone would have to renew licenses and state IDs in person by 2013 with documents showing their Social Security number and home address, and that they are in the USA legally. New applicants face the same standards.

Bills to comply with the law are pending in six state legislatures. Indiana state Sen. Vic Heinold, a Republican, said the law helps "control the immigration situation" by allowing visitors to get licenses only for as long as their visas are valid.

Critics fear that requiring all licenses to use identical technology for machine reading would lead places that check IDs, such as bars, office buildings and retailers, to increase their use of such scanning machines and create digital records every time a card is swiped.

"They could remain and be pieced together to create footprints about where we've been and what we've done," said Jim Harper of the Cato Institute, a libertarian think tank in Washington, D.C.

State lawmakers also protest the cost. The National Governors Association says it will cost more than $11 billion over five years. Congress, estimating a $100 million cost, provided $40 million.

http://www.usatoday.com/news/nation/200 ... alID_x.htm

Several States Seek To Kill Federal 'Real ID' Requirements

Thursday, February 01, 2007

By Kelley Beaucar Vlahos


WASHINGTON — Risking broad penalties for their residents, lawmakers in several states are fighting implementation of the Real ID Act, a federal measure that seeks to prevent non-compliant cardholders from boarding airplanes or entering federal facilities.

Opponents say national standards for drivers' licenses would be a costly creep into the arms of big brother. Supporters say it is intended to protect Americans' from fraud and potentially terror-related crimes.

"We don't want it, we can't afford it, get rid of it," said Montana Democratic state Rep. Brady Wiseman, who authored the bill ordering the state not to participate in the federal program. The bill passed the Montana House of Representatives on Wednesday along with a companion measure, which challenges the Real ID law on constitutional grounds. Democratic Gov. Brian Schweitzer has spoken in favor of Wiseman's bill.

"Out West, people are very protective of their privacy and against an intrusive federal government that wants to collect a lot of data," Wiseman told FOXNews.com before the vote. "There’s a good whiff of a corporate boondoggle around this thing and they (state lawmakers) are finding reasons to reject it. They don't see much benefit to support the cost."

(Story continues below)


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Stories
o Maine Lawmakers Vote to Ignore U.S. ID Law
o States Worry About Costs to Issue Secure Driver's Licenses
o New Hampshire Becomes Battleground for National Driver's License Debate
o Nat'l Driver's License Law Poses Challenges
o States May Reject New Driver's License Rules

Montana is just one of at least 10 states considering bills to reject the Real ID Act, signed into law in May 2005 as part of the emergency supplemental relief bill to pay for the wars in Iraq and Afghanistan and for tsunami relief. Maine lawmakers last week passed a resolution rejecting the federal Real ID legislation and calls on the state to ignore the rules. Since it is a resolution, it does not require Gov. John Baldacci's signature.

Initiated by the Republican-controlled House to keep illegal aliens from obtaining drivers' licenses and state identification and to prevent would-be terrorists from gaining access to legitimate identities, Real ID takes its cue from recommendations by the Sept. 11 commission, which said a fraud-resistant ID system is necessary for better homeland security.

"The 9/11 commission itself said travel documents are as important to terrorists as explosives. That's why Congress passed the Real ID Act," said Rep. James Sensenbrenner, R-Wis., author of the federal bill.

In Maryland, Gov. Martin O'Malley's nominee to be secretary of transportation, John D. Porcari, told members of the state House Judiciary Committee on Tuesday that the administration is trying to meet the federal deadline without disrupting services at Motor Vehicle Administration branches.

"We want to strike a balance to be fair to all our customers, make sure customer service doesn't suffer and we're compliant with federal standards," Porcari said.

Among the challenges for Maryland, however, is the fact that the Real ID requires Social Security numbers, which state driver's licenses currently do not. Additionally, Maryland is one of seven states that issues ID cards to persons who are not lawful residents.

Under the federal law, those trying to obtain a new license or state ID must prove their legal residence or citizenship through a birth certificate or another acceptable document. Tamper- and theft-resistant technology like a barcode will be put on the card.

Maryland State Rep. Ronald George, a Republican who introduced a compliance bill last year, said the federal standards are good for everyone involved. Employers can use the new identification to ensure the people they are hiring are legal, and the IDs help fight the War on Terror, for which his state, bordering the nation’s capital, is very sensitive.

“It just makes sense,” George said. “We need to get in compliance.”

But critics say REAL ID goes beyond what the Sept. 11 commission envisioned. Instead of allowing states to develop standards according to national guidelines, under the new law, the federal government is penalizing residents of states that don't comply.

"Some states have considered the possibility that if they don't comply, will all their residents have to get passports to fly?" said Matt Sundin, a policy analyst for the National Conference of State Legislatures, which argued against the federal legislation two years ago, but is now focused on working with states to comply and keeping an eye on the states considering non-compliance.

Another challenge for states: the Department of Homeland Security, which has been tasked with administering the program, has only just finished writing the regulations, which require states to be in compliance by May 2008. The Office of Management and Budget has to review the regulations before they are opened to public comment this spring. After a review period of up to 90 days, the regulations are finally approved and put into practice, leaving states little time to get compliant.

“The department, in crafting our regulations, is aware of the time constraints and we did keep that in mind in drafting these regulations,” said DHS spokesman Jarrod Agen, adding that groups representing the state interests were involved in crafting the proposed regulations.

Critics say the cost to the states to shift over their current systems will be enormous. A study commissioned by the NCSL, the National Governors' Association and the American Association of Motor Vehicle Administrators found that in total, Real ID will cost the states more than $11 billion to implement.

Last year, Congress appropriated $40 million for Real ID pilot funds. No funds were allocated for 2007.

An End the Law Before It's Enacted

Under the new Democratic-led Congress, several lawmakers have expressed doubts about the program and say it’s time to demand changes or a full repeal.

Sen. Daniel Akaka, D-Hawaii, chairman of the Senate Homeland Security and Government Affairs oversight subcommittee, said he plans to hold hearings on Real ID. Just prior to the end of the last Congress, Akaka and Sen. John Sununu, R-N.H., introduced a bill to repeal the Real ID Act.

Akaka said he wants the regulations to reflect a range of protections for individual privacy and states’ rights. He added that he wants to make sure personal data will be secured and other federal agencies and private entities won’t have access to the data. If not, he said he will work to repeal the law.

Alaska privacy activist Bill Scannell, communications director of the Identity Project and founder of the Unreal ID Web site, said he believes state pressure and new scrutiny by Congress will ultimately kill the program.

“It’s all about doing this to our own citizens. We don’t need to believe in black helicopters to see what the next line is … a national ID,” said Scannell. “It’s a big stinking pile of something repulsive."

Not all Real ID–related bills circulating through the state houses call for non-compliance or repeal. Since 2006, 13 bills have ordered the state to meet compliance rules.

And not every state lawmaker thinks REAL ID will be too costly, or will infringe on individual or states’ rights.

“We are at war in this country, and we have to step up to protect ourselves and this is part of it,” said Ronald Collins, a retired Maine state representative who last year helped usher through legislation requiring proof of citizenship for all drivers’ licenses. He said the additional requirement is little cost compared to the benefits a standardized federal ID will bring.

“If we have to put in for additional funding, so be it.”

CNS' Jonathan N. Crawford contributed to this report.

http://www.foxnews.com/story/0,2933,249142,00.html

January 27, 2007
States Line Up to Fight Federal ID Program


By Freddie Mooche



(AXcess News) Washington - Known as the Real ID Act, which was tucked into the 2005 appropriations bill that funded Hurricane Katrina relief, it was intended to verify documentation before States could issue driver's licenses during the time when government paranoia ran deep in seeing terrorists lurking everywhere. But in reality, its becoming a nightmare for States as there are no guidelines written on what is required before a driver's license can be issued. To make matters worse, there is no federal funding either.

The Real ID Act never made it to a Senate Committee before being passed. In fact, lawmakers didn't know it was in the Katrina relief bill before they voted for it. So, is it truly enforceable and a law? The answer is, yes. But that doesn't mean it isn't going to come under scrutiny before it becomes effective nationwide in 2008. Critics say its a push for federal identification and for million of people it will be impossible for them to get a driver's license if they were born in a rural area of the country where no birth records were ever recorded.

A person going to get a driver's license will have to bring their birth certificate, social security card and proof that they are resident of that state before they can get a driver's license. For married women, their marriage certificate will also be needed if they took their spouse's name - and get this, a passport is not accepted as legal ID. Why? Because it's federal identification. Sound confusing? Wait, it gets worse.

State Department's of Motor Vehicles do not have any federal guidelines to go by, there is now information until its published and that won't happen until 2008, when all states are then mandated to prove who someone is before they can issue a driver's license. For those residents who already possess a driver's license that is valid at that time, they may be required to go back to their state's DMV to get them renewed under the new program. But that's just a guess, considering there are no guidelines published for the States to follow.

A fun aspect for state Motor Vehicle Departments is there are no federal funds available, yet they are required by this slipped into a bill law to enforce it. And worse, the federal law doesn't apply to the federal government, which does not have to apply the same rules to passports as the states are required to impose on residents.

The Department of Homeland Security has authority over the Real ID Act and through it, the power to control a federal ID program in designating state ID cards. So if you can't prove who you are, you won't be able to get a driver's license, board an airplane, or even open a checking account if you can't produce a valid driver's license. In effect, you become a non-being resident who is just s**t out of luck, as one frustrated lawmaker said.

The Real ID Act of 2005 is Division B of an act of entitled Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005, Pub. L. No. 109-13, 119 Stat. 231.

The Real ID Act, intended to deter terrorism, establishes national standards for state-issued driver's licenses and non-driver's identification cards.

According to Wikipedia, the Real ID act started off as H.R. 418, which passed the House (261-161-11) and went stagnant. It was then attached as a rider on a military spending bill (H.R. 126 by Representative Jim Sensenbrenner (R-WI) who authored the bill and was voted upon (100-0) . It was signed into public law (109-13) on May 11, 2005.

By the way, a keyword search of Congressman Sensenbrenner's website "real id act" brings back zip. "No information found." You'd think this 5th District Congressman from Wisconsin would come out from behind the curtain and take credit for his own work, wouldn't you? Could be that now that the clever Republican lawmaker so skillfully slipped into a bill designed to help Katrina relief something so controversial as a federal ID program that he would be proud of his sponsorhip and stand behind his work - not true! The duck and hide Congressman has slipped into the cracks and likes hiding from it but the issue is before other lawmakers who are looking into the bill more closely.

What rattles me most is that Congress passed a bill without knowing what was in it. Doesn't say much for lawmakers - despite which party they happen to be members of. How stupid is it to pass a law and now know what's in it? It's now wonder the country is in such a complex mess.

President Bush brought up lawmakers attaching projects to bills called "earmarks" and called for Congress to work together to end it. He said he never signed them into law, yet they're treated as if they were. But in this case the Real ID Act was part of a bill and neither Party or Bush can deny it wasn't there in black and white that they couldn't have read about it. Instead, everyone passes the buck and says, "Gee, I never read that" and then signed the bill into law.

In the United States, driver's licenses are issued by the states, not by the federal government. States also issue voluntary identification cards for non-drivers. States set the rules for what data is on the card and what documents must be provided in order to obtain one. States also maintain databases of licensed drivers and ID-card holders.

After May 11, 2008, "a Federal agency may not accept, for any official purpose, a driver's license or identification card issued by a State to any person unless the State is meeting the requirements" specified in the Real ID Act. States remain free to also issue non-complying licenses and ID's, so long as these have a unique design and a clear statement that they cannot be accepted for any Federal identification purpose. The federal Transportation Security Administration is responsible for security check-in at airports, so bearers of non-compliant documents would no longer be able to travel on common carrier aircraft.

There is disagreement about whether the Real ID Act institutes a "national identification card" system. The new law only sets forth national standards, but leaves the issuance of cards and the maintenance of databases in state hands; therefore, it is not a true "national ID" system, and may even forestall the arrival of national ID.

Others argue that this is a trivial distinction, and that the new cards are de facto national ID cards, thanks to the uniform national standards and especially the linked databases.

Incidentially, the vote for the Real ID Act was essentially along party lines. So with the Democrats now in control of both houses of Congress, perhaps there is a small chance of getting the Act repealed or at the least defined in such a way that it does not become a tool to surpress the population and control us.

Two seperate bills were presented to the Montana House Judiciary Committee Wednesday that would reject the federal Real ID Act of 2005. The nearly idenitcal bills were submitted by Representatives Brady Wiseman (D-Bozeman) and Diane Rice (R-Harrison). Both Wiseman and Rice say the Real ID Act "was an attempt by the federal government to usurp power from individual state governments and threatened an individual's right to privacy."

State legislatures in Georgia, Massachusetts and Washington have similar bills pending, and more states are likely to follow suit, according to Matt Sundeen of the National Council of State Legislatures. Nevada is bending over to take it in the legislature and wallets of residents here with no resistence by State lawmakers - not even from the liberal Democratic Senator-turned-Federal butt-kisser, Harry Reid.

I might point out that Maine became the first state to reject the Real ID Act on Thursday.

The American Civil Liberties Union applauded the move and predicted that it would be just the first in a cascade of state refusals.

"Maine has spoken: Real ID is a real nightmare for local governments" said Caroline Fredrickson, Director of the ACLU Washington Legislative Office. "Real ID is an unfunded mandate that could lead to rampant identity theft. We urge other states to follow Maine’s call for privacy. Maine’s action makes it crystal clear that Congress must fix what’s broken and significantly revise the Real ID Act."

The ACLU argues that the Real ID Act creates a database tantamount to the first national ID card.

"This is the beginning of the end of Real ID," said Barry Steinhardt, Director of the ACLU’s Technology and Liberty Project. "The Real ID national ID scheme is pointless if one or more states refuse to participate, because the whole premise of the program is the creation of a single uniform national identity document and database."

The Maine resolution, SP 113, passed in both chambers of the legislature. In the State House of Representatives, the vote was 137 to 4, and in the State Senate the vote was unanimous. With the resolution’s passage, Maine is rebuking federal attempts to undermine privacy with no real evidence that such steps enhance security. The resolution is expected to be followed by a statutory rejection of Real ID.

"As Maine goes, so goes the nation," said Charlie Mitchell, Director of the ACLU State Legislative Department. "Already bills have been filed in Montana, New Hampshire, New Mexico, Georgia and Washington, which would follow Maine's lead in saying no to Real ID, with many mores states on the verge of similar action. Across the nation, local lawmakers are rejecting the federal government's demand that they curtail their constituents' privacy through this giant unfunded boondoggle."

In New Hampshire, the measure to rebuke the Real ID Act failed during its last legislative hearing.

For more on the Real ID Act, including its status in various states, go to: www.norealid.com


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