Posted by Michelle/AL on 2/5/08 9:39am
Msg #234070
Real ID Act
I found the article below to be of interest to me especially because some states have agreed to comply, others have not. Not sure what, if any, impact this will have on us notaries/closing agents but it may eventually.
Those of you who blog, this may be something worth blogging about. Since I'm not real good at inserting "hot" links, I'll cut/paste as much of the article as possible. If you can make it to the site, there's a map of the US and you can click on your resident state to see its position on this Act.
Link:
http://www.news.com/Real-ID-could-mean-real-travel-headaches/2009-1028_3-6228133.html?tag=item
Article 1 of 4
Editor's note: A May deadline looms as just one flash point in a political showdown between Homeland Security and states that oppose Real ID demands. This is the first in a four-part series examining the confrontation.
Shipyard Brewing Company's Maine ales, handcrafted in a former foundry on Portland's waterfront from malted barley, buckets of hop leaves, and Sebago Lake water, have risen to regional prominence. In 2007, the 14-year-old company shipped just more than 1 million cases.
Expanding sales of Shipyard Export Ale, Old Thumper Extra Special, and Bluefin Stout beyond New England has meant trips out of Portland's airport every other week for Fred Forsley, the company's co-founder and president. Forsley, 47, says his most frequent sales calls are to customers in Florida, New York, California, and Arizona.
But starting on May 11, Forsley may no longer be permitted to use his Maine driver's license to fly out of the Portland International Jetport. Under the federal Real ID Act, which the Bush administration has touted as an antiterrorist measure, federal screeners could be required to reject it as invalid identification.
"I have been assuming the issue would get addressed and streamlined," Forsley said. "But now I can see I have to really pay attention."
Forsley is hardly alone. In just more than three months, millions of law-abiding Americans might face new hassles when traveling on commercial flights if they hold driver's licenses or identification cards issued by Maine, South Carolina, Montana, Oklahoma, New Hampshire, and up to 15 other states plus the District of Columbia that have rejected the Real ID regulations on privacy and cost grounds or have not agreed to comply. (See the accompanying map.)
Will I be able to fly after May 11?
Starting May 11, unless your home state agrees to comply with the federal Real ID Act or unless it asks for an extension, you should expect problems going through security at airports. Click a state below to see what that state has told us about whether or not its ID cards will meet Real ID requirements.
Click a state above to see what that state has told us about whether or not it's going along with the federal Real ID Act. Alabama
Alabama plans to ask for an extension. "At this point, one option that's being considered is a 'hybrid' approach to Real ID in Alabama, by which the state would offer compliant and noncompliant driver licenses and ID cards. We do plan to ask for an extension."
--Dorris Teague, Public Information/Education Unit, Alabama Department of Public Safety
Alaska
"Alaska does indeed intend to request an extension to meet the requirements of Real ID. We haven't submitted our extension request yet, but we fully intend to do so in the very near future."
--Whitney Brewster, spokeswoman, Alaska Division of Motor Vehicles
Arizona
Arizona says that Homeland Security has said the state will "automatically get an extension" because of an existing plan to revamp its licenses, according to Jeanine L'Ecuyer, spokeswoman for Arizona Gov. Janet Napolitano. That means its driver's licenses and state ID cards will be treated as Real ID-compliant until December 31, 2009.
But L'Ecuyer added that final compliance is still an open question: "Will Arizona do Real ID? Maybe is the honest answer to that question."
Arkansas
"We have asked for the first extension, but in the extension letter, we say we are not committed to implementing Real ID. We just need time to look at it and evaluate it."
--Mike Munns, assistant revenue commissioner for Arkansas
California
California reiterated in January 2008 that it has no problems complying with Real ID. Its statement did, however, mention "privacy and funding issues, which continue to be a concern for California."
Colorado
"We requested and received the extension until 2009, and we expect to be fully on the road to implementing Real ID satisfactorily by that point to get another extension in the future if we need to."
--Mark Couch, spokesman for the Colorado Department of Revenue
Connecticut
Connecticut has not decided whether to comply with Real ID, reject it completely, or request an extension to keep its options open. "We are still studying the issue. (Department of Motor Vehicles Commissioner Robert Ward) remains supportive of the concept, but no firm decisions have been made."
--Bill Seymour, spokesman for the motor vehicle commissioner.
Delaware
Delaware has not decided whether to comply with Real ID, reject it completely, or request an extension to keep its options open. "The DMV director and secretary are going to give a briefing to the governor next month, February. Because we've got until the end of March to decide...After they have this meeting with the governor is when we're going to make our official choice."
--Mike Williams, spokesman, Delaware Department of Transportation
Florida
Florida has not announced whether it will or will not request an extension. "Thanks to the leadership of our governor, cabinet, and legislature, Florida already provides our citizens a secure and safe driver license and identification card, and we are well postured to incorporate any changes that may be required. We applaud the federal government on their efforts to protect all of our citizens with the implementation of this act."
--Ann Nucatola, public information director, Department of Highway Safety and Motor Vehicles
Georgia
Georgia has not decided whether to comply with Real ID, reject it completely, or request an extension to keep its options open. The legislature has approved legislation authorizing the governor to reject Real ID if federal regulations do not "adequately safeguard and restrict use of the information in order to protect the privacy rights" of Georgia residents. "Our legislature has to make that determination within the next few months."
--Susan Sports, public information officer, Georgia Department of Driver Services
Hawaii
Hawaii has filed for and received an extension. "We are moving forward on reviewing the rules and coordinating with the county DMVs to see how the rules can be implemented and coordinated."
--Russell Pang, chief of Media Relations for Hawaii Gov. Linda Lingle
Idaho
"We've asked for an extension, but we still have serious concerns and reservations about it and its future here is to be determined."
--Jon Hanian, spokesman for Idaho Gov. C.L. "Butch" Otter
Illinois
"We have every intention to file for an extension."
--Henry Haupt, spokesman for Illinois Secretary of State Jesse White
Indiana
"We do intend to comply, and we have filed for and received an extension. Over the past couple of years, we've done some security enhancements to our own system that we were going to do regardless of how Real ID rolled out."
--Dennis Rosebrough, spokesman, Indiana Bureau of Motor Vehicles
Iowa
"Yes, Iowa will be implementing Real ID and we will be requesting the first extension."
--Dena Gray-Fisher, spokeswoman, Iowa Department of Transportation Kansas
"Kansas has obtained authorization for the extension, which gets us out to the end of 2009 and affords us the opportunity to see where we are, negotiate a few different things with our vendor and others. It gives us a little breathing room."
--Carmen Alldritt, director of the division of vehicles, Kansas Department of Revenue
Kentucky
"A Real ID would be an entirely new document. The current KY license would not meet the new standard...Kentucky has asked for the extension."
--Mark Brown, spokesman, Kentucky Transportation Cabinet
Louisiana
State officials have not responded to repeated requests for information about Real ID compliance. One bill in the state legislature asks Congress to repeal Real ID, while a response to a DMV survey says that "We believe that Louisiana will meet standards."
Maine
Will not comply. "There is currently no effort being undertaken within the state to roll back the public law preventing the secretary from moving in the direction of Real ID. It is a situation where Mainers may face some inconvenience at airports come May 11."
--Don Cookson, spokesman for Maine Secretary of State Matthew Dunlap
Maryland
Maryland requested a deadline extension. "We're still going through 300 pages of federal guidelines. We're currently evaluating those guidelines and then we'll develop a program that is Real ID-compliant."
--Jack Cahalan, spokesman, Maryland Department of Transportation
Massachusetts
"Massachusetts did apply for the waiver and received it. We are basically telling (drivers who call us) that we've gotten the exemption, which means that you are going to show your valid driver's license to get on an airplane just as you have in the past until December 2009."
--Ann Dufresne, spokeswoman, Massachusetts Department of Motor Vehicles.
After December 2009, states can apply for a second extension, but will receive it only if they're taking affirmative steps to comply.
Less than 30 percent of Americans have U.S. passports, Maguire said, and it takes time and money to procure one. "We hope that well in advance of the May deadline, each state and territory will find agreement with DHS, but no citizen should be denied a fundamental right to travel because of a legal battle between their state and the federal government."
Some sort of last-minute compromise is possible before the May 11 deadline, though neither the Bush administration nor the states show any signs of backing down. In addition, any legal changes would probably have to originate with Congress--where a proposal to amend Real ID has been stuck in a Senate committee since February 2007.
A representative of the Air Transport Association, which represents the major U.S. airlines, said her group is pressuring Homeland Security to "work out an arrangement with states to ease the burden on the traveling public," although she declined to describe how any arrangement would work.
"This has the potential to be very problematic," said Victoria Day, ATA's communications director. "DHS is placing the burden on the traveling public for a state's inability to comply."
From DHS' perspective, the law is clear: Real ID was signed on May 11, 2005, by President Bush as part of an Iraq war and tsunami relief bill, and its edict is unambiguous. It says that "three years after the date of the enactment of this division, 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 of this section."
This has created an impending political showdown between DHS and the non-Real ID states, which are hoping that the prospect of inconveniencing countless travelers in just more than four months will force the federal government to back down.
Adding to the political brinksmanship is that some of the nation's most populous states, including Florida, Texas, Virginia, and Georgia, have not agreed to comply with Real ID, according to a survey of all 50 states and the District of Columbia that CNET News.com conducted during the past two weeks. Residents of states that have signed up for the proposal or requested a deadline extension--California has publicly applauded Real ID--should not notice a difference when traveling by air.
The feds haven't blinked yet. Last month, DHS published nearly 300 pages of regulations that it expects every state to comply with, and Homeland Security Secretary Michael Chertoff even went so far as to say that only criminals and terrorists should be "disappointed" with the Real ID rules.
It's still unclear how airports will be reconfigured on May 11, with one option being a new security line for non-Real ID holders. Another is that security guards will be given lists of state licenses that are no longer acceptable.
The legislation behind a national ID
Read the full text of the Real ID law here.The Transportation Security Administration refused to comment. "It's my understanding it's DHS' initiative at this stage in the game," said TSA representative Lauren Wolf.
"That's an operational, ongoing issue at this point in time," said Homeland Security spokeswoman Amy Kudwa. "We'll need to be a bit closer in." DHS still has a few months to figure that out, Kudwa added, noting that "we implemented the liquid ban overnight when we needed to."
The Bush administration already has been forced to back down on some of Real ID's deadlines. Initially, Congress had intended the rules to take effect fully in May 2008.
But in proposed rules last March, DHS offered a five-year extension, until 2013, for states to issue the new cards. The catch: to receive the reprieve, a state must agree to abide by Real ID regulations and submit a report describing its plans. Those that don't will find their driver's licenses disallowed at airports in May 2008.
Even the pro-Real ID states balked at that timeline, and the estimated $14.6 billion price tag for implementation. As a result, in the final rule released last month, DHS extended the deadline a second time to December 1, 2017. Only states that can prove they are well on their way to implementing Real ID qualify for the lengthiest deadline extension.
To take advantage of any kind of extension, states must request a waiver from DHS by March 31, 2008. DHS guarantees that "all states submitting requests will receive extensions until December 31, 2009."
Some states have decided to split the difference by requesting a temporary waiver to avoid inconveniencing driver's license holders at airports and federal buildings--but while having no obvious intention of ever complying with Real ID.
Washington state, which has a law forbidding the governor from going along with Real ID in its current form but nevertheless has requested an extension, falls into that category. So does Idaho. Jon Hanian, spokesman for Idaho governor C.L. "Butch" Otter, echoed the remarks of several other state representatives when he said: "We've asked for an extension, but we still have serious concerns and reservations about it and its future here is to be determined."
In Maine, questions but no answers
Luring tourists to picturesque Bar Harbor, Maine, isn't exactly a desk-based job.
Chris Fogg, the executive director of the town's Chamber of Commerce, frequently heads to tiny Bangor International Airport to attend events like cruise-ship conventions in Miami and tourism trade shows in Washington, D.C., and New York. Those are excellent ways to promote the bayside town of about 5,000 residents, he says.
Fogg's no fan of Real ID. "From what I've heard, there's a lot of misinformation about all of this stuff, when it comes to Real ID (or the Western Hemisphere Travel Inititative)," Fogg said. "None of those things necessarily make the border safer or travel safer."
Airports haven't yet figured out how they're going to comply with Real ID. A spokesman for the Los Angeles International Airport referred enquiries to the TSA. So did the Port Authority of New York and New Jersey.
Maine's largest airport in terms of the number of passengers who use it is Portland International Jetport. Jeff Monroe, director of ports and transport for the city of Portland, which oversees the airport, is waiting for details from the Transportation Security Administration. "That's obviously in hands of the Transportation Security Administration," Monroe said. "If TSA comes to us and says, 'OK, here's the line for Real IDs and here's the line for everybody else,' I'm sure that'll become quite apparent very quickly, and I'm sure we'll have to figure some way to adapt."
But Monroe thinks that politicians eventually will respond to an outcry from air travelers. "The reality is if there's any inconvenience to the traveling public--if all of a sudden as soon as they see Portland, Maine, on the driver's license, the first place you go is for a full body cavity search--sooner or later the traveling public will say to the political leadership, 'My life is not easy here, this traveling experience is not good.'"
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