Somewhat under the radar, a revolt against the "Real ID," or national driver's license, legislation passed by Congress in 2005 is brewing at the state government level. This is a healthy development that should be encouraged, and which California would do well to join.
The Real ID Act requires state driver's licenses to meet certain criteria, including confirming that documents presented to get driver's licenses, such as a birth certificate or passport, are authentic and that the bearer is a legal resident. States will be required to check a linked federal database to make sure applicants don't have a license in another state, or a revoked license. Oh, and the license will have to be counterfeit-proof.
States are required to have all drivers have licenses that meet these and other criteria by May 2008. After that, federally approved licenses will be require to board airplanes, enter a federal building or open certain kinds of bank accounts.
All this will be expensive - Matt Sundeen, a transportation analyst with the National Conference of State Legislatures estimated compliance costs at $11 billion, and you can bet the final cost will be higher - and the requirement that licenses be counterfeit-proof is almost certainly impossible. So some states are revolting.
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On Jan. 26 the Maine legislature overwhelmingly passed a resolution objecting to the Real ID requirements. Since then five states - Georgia, Montana, New Mexico, Washington and Wyoming - have voted in committee or in one chamber to approve similar legislation. The Montana resolution, passed 99-1 in its House of Representatives, actually orders state officials to ignore the federal law.
Missouri state Rep. James Guest, a Republican, has formed a coalition of legislators in 34 states to file bills to oppose Real ID.
Among the criticisms: compliance will be expensive, requiring some states to buy new computer equipment to communicate with federal databases. The IDs are unlikely to stop terrorism: Timothy McVeigh and many of the 9/11 hijackers had licenses they would have been able to obtain under the new requirements. The law would require DMV clerks to become instant experts on immigration laws that many lawyers don't understand. And privacy advocates believe the new cards would be irresistible to identity thieves. All it would take would be a few rogue DMV employees to create huge problems for those who get their identities stolen.
Last year Republican Rep. John Sununu of New Hampshire and Democratic Sen. Daniel Akaka of Hawaii introduced a bill to repeal the Real ID Act. They expect to do so again this session. Legislators should support it. Our state legislators should move quickly to get California to join this coalition.
