CQ HOMELAND SECURITY – TRANSPORTATION & INFRASTRUCTURE
April 17, 2007 – 8:05 p.m.
New Montana Law Spurns Real ID Act as Washington State Is Poised to Follow in Footsteps

Montana on Tuesday became the first state to adopt legislation rejecting a federal law requiring states to comply with minimum-security standards for issuing driver’s licenses or identification cards.

Washington state is expected to follow suit on Wednesday when Democratic Gov. Christine Gregoire signs into law a similar bill approved by the state legislature.

The Real ID Act of 2005 stipulates that driver’s licenses issued by non-compliant states will become unacceptable forms of identification for boarding commercial flights, or entering federal buildings and nuclear power plants.

The state legislature in Maine passed a resolution declaring its opposition to the Real ID Act, but Montana’s law goes a step further, according to Barry Steinhardt, director of the technology and liberty program at the American Civil Liberties Union (ACLU).

The law states that Montana “will not participate in the implementation” of Real ID, prohibits the Motor Vehicle Division from implementing related changes and requires the MVD to report to the governor any attempts by the Department of Homeland Security to secure the implementation of the act.

“Gov. Schweitzer and Montana have taken a bold and admirable step by rejecting this misguided law,” said Scott Crichton, executive director at the ACLU of Montana. “In the face of supposed threats that our citizens’ right to travel would be curbed, we stand firm and declare loudly that this legislation is not good for the people of our state and we refuse to participate in it.”

Other roadblocks may lie ahead for the Real ID Act, including:

• The state legislature in Arkansas has approved two separate anti-Real ID Act resolutions.

• At least one legislative chamber has approved an anti-Real ID bill in 13 different states.

Under the Real ID Act, new licenses must include: full legal name, address of principal residence, digital photo, gender, date of birth, signature, issuance date, expiration date, unique document number and machine-readable technology.

The Sept. 11 commission recommended that the federal government set standards for sources of identifications, such as driver’s licenses.

According to the 9/11 Commission Report, all but one of the 9/11 hijackers acquired an American identification document and some acquisitions involved fraud. The IDs helped the hijackers board commercial flights, rent cars, and accomplish other logistical preparations.

Matthew M. Johnson can be reached at mjohnson@cq.com.

Source: CQ Homeland Security
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