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 Montana moves to reject Real ID law 

USA Today
February 1, 2007
by Thomas Frank

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.

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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.

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