Last year, Governor Lynch signed legislation prohibiting the New Hampshire from participating in the federal Real ID system. The House approved the legislation 268-9, and the Senate unanimously supported it.
"New Hampshire and many other states across the nation have raised legitimate questions about privacy protection and the costs of Real ID. To date, the federal government has ignored those real problems and barreled ahead with Real ID," Lynch said. "We have a law that prohibits New Hampshire from taking part in this burdensome system and New Hampshire was right to reject it.
Full Story: http://www.govtech.com/gt/articles/266693
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Montana’s Last Stand Against REAL ID http://matr.net/article-27675.html
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REAL ID could be a real headache
Controversial new Act takes effect May 11
by DAVID MURRAY News-Argus Staff Writer
If you’re a Montanan planning to board a commercial airplane this summer or enter a federal courtroom after May 10, be prepared to present your valid U.S. passport, or face the possibility of being denied access. The 2005 REAL ID Act will begin to come into force across the country on May 11 of this year. While many of the state’s citizenry may be unaware of the significance of this new federal legislation, REAL ID has the potential to adversely impact Montanans more than just about any other state’s population.
REAL ID was enacted by Congress in May 2005 in response to the 9/11 Commission’s recommendation that the U.S. improve its system for issuing identification documents. It sets federally established minimum security standards for state-issued identification cards and requires states to verify all source documents, like birth certificates and social security numbers whenever a citizen applies for a driver’s license. REAL ID also mandates states enhance the accessibility to Department of Motor Vehicle databases by federal agencies. States are expected to adopt machine-readable data technology and participate in a national ID network. Although states are not legally required to participate in REAL ID, beginning May 11, the federal government will refuse to accept the driver’s licenses and identification cards of citizens from states that decline.
The Department of Homeland Security calls REAL ID "an invaluable new tool to help prevent terrorism and protect our nation." The Montana State Legislature calls it "inimical to the well-being and security of the people of Montana … in violation of the principles of federalism contained in the 10th amendment of the U.S. Constitution."
In between stands the bulk of Montana’s citizens.
In April 2007, the Montana Legislature passed House Bill 287, an act opposing the implementation of the federal REAL ID Act and directing the Montana Department of Justice not to implement its provisions. By a vote of 98 to 0 in the House and 50 to 0 in the Senate, the bill received unanimous support across party lines and was signed into law by Governor Schweitzer on April 17, 2007. Montana is one of 17 states opposing the act. Both Representative Denny Rehberg and Senator Max Baucus have voiced their opposition to implementation of REAL ID and Senator Jon Tester is currently co-sponsoring a U.S. Senate Bill to repeal portions of the REAL ID Act.
"From the start the REAL ID Act has been a fancy way of saying ‘national identification cards’ and it’s a textbook Washington boondoggle," Tester said in an official press release. "The people of Montana have spoken. They don’t want a Big Brother program that will infringe on their privacy."
"We need to be serious about fighting terrorism and keeping this country safe," said Senator Baucus, "but we don’t need to do it by jeopardizing Americans’ privacy and creating another bureaucracy."
The Department of Homeland Security (DHS) has been equally adamant that the provisions of REAL ID will be enforced whether individual states chose to participate or not.
At a press conference in Washington D.C. on Jan. 11, 2008, Homeland Security Secretary Michael Chertoff said, "If a particular state were to say, ‘We opt out; we’re not going to participate at all,’ then the law is very clear. After May of this year that state’s driver’s licenses will no longer be acceptable as a form of federal identification for getting on an airplane or getting into a federal building. The consequences of that is going to be, frankly, more inconvenience for the residents of that state, but that’s what the law requires and I’m going to obey the law."
One of the provisions of REAL ID that has aroused the most opposition has been the cost of its implementation and the fact that the federal government expects the states to bear the bulk of those costs. An impact analysis prepared in 2007 by the National Governors’ Association estimates it will cost the states $11 billion over the next five years to comply with the provisions of REAL ID. This figure includes costs to re-issue the approximately 240 million driver’s licenses currently valid in the U.S., acquire new computer technology able to machine-read REAL ID licenses and to hire and train additional personnel to check documents establishing a person’s identity. The cost for Montana is estimated at $5.5 million.
The Department of Homeland Security estimates these costs at a much lower $4 billion; however, according to an official DHS press release dated Jan. 11, 2008, the department is only allocating $360 million to assist states with REAL ID implementation.
"The issuance of driver’s licenses and identification cards is a state function, whose costs will continue to be born primarily by each State," the press release said. "The REAL ID Act does not alter this responsibility." DHS has liberally granted compliance extensions until Dec. 31, 2009, to all states that first submit a written request and signify their intent to adhere to the provisions of the REAL ID Act. However, current Montana law clearly prohibits the state from participating in the Act’s implementation.
"There’s no way we can come into compliance without the Governor calling a special session of the Montana State Legislature," said State Representative Brady Wiseman (D-Bozeman) who introduced HB 287 into the State Legislature. "REAL ID was passed by Congress as a rider snuck into a defense appropriations bill and has never been debated on the floor of the United States Congress. We’re not going to just stand by and let a bunch of unelected bureaucrats tell us what to do,"
According to DHS, Montana is one of only four states that have not yet submitted a compliance extension request. The deadline to apply for such an extension is March 31. Failing that, beginning on May 11, Montana driver’s licenses will no longer be recognized as valid for official federal purposes.
State politicians vary in their opposition to federal REAL ID legislation.
"I’m not opposed to some level of security for our driver’s licenses," said Representative Ed Butcher. "We have some serious issues of national security and there is a need for a secure form of personal identification. But as a State Legislator, I’m not willing to ask Montana taxpayers to pay for another federally mandated spending program. The Feds need to take care of securing our boarders before they start focusing on ordinary citizens. If they would do that, I’d be more open to something like REAL ID."
"The federal government is playing a pretty serious game of ‘chicken’ with Montana citizens," Wiseman said. "It’s blatantly unconstitutional under the Equal Protection Clause of the U.S. Constitution because it treats one state’s citizens differently from another. You are going to have situations at an airport where a passenger from Montana and one from Wyoming are both trying to board the same plane. Just because some bureaucrat in Helena didn’t submit an extension request form to the Department of Homeland Security, the person from Wyoming is going to be allowed to board without a problem while the person from Montana is going to be delayed and subjected to a complete body search. The citizens of Montana did nothing to deserve this and our airports are not going to be any more secure on May 11 than they were the day before."
But like it or not, Montanans will have to deal with the consequences of non-compliance with the REAL ID Act
During a phone conversation with DHS Press Secretary Laura Keehner, she reiterated the Departments intention to implement REAL ID.
"We as a nation are going toward secure identification," Keehner said. "There are going to be real consequences for the citizens of states who chose not to comply. It’s basically going to mandate that they need to have a passport. If Montanans show up at an airport and expect to board a plane without one, they can expect to wait longer in line and possibly go through secondary security screenings. They will not be able to use state IDs."
http://www.lewistownnews.com/news1.html