The REAL ID rebellion: the regulations have finally arrived. What's next for states?

• Author: Sundeen, Matt

States first began requiring drivers to obtain licenses to operate motor vehicles in 1908. It's an understatement to say there will be no quiet celebration of the driver's license centennial anniversary. May 11, 2008, is the deadline for state compliance with new driver's license standards and procedures in the federal REAL ID Act. If 2007 is any indication, get ready for some driver's license related fireworks in legislatures this year.

States issue approximately 250 million licenses to drivers in the United States. The only official purpose of a driver's license is to prove the ability to operate a motor vehicle. Because it is so common, however, the driver's license is frequently required or offered to prove a person's identity. In the 99-year history of the driver's license, states have been responsible for deciding almost every aspect related to issuing licenses for noncommercial drivers.

The REAL ID Act, which Congress passed with no debate as part of a supplemental war spending and tsunami relief bill in 2005, dramatically alters the established driver's license framework. The act contains new card design requirements, minimum issuance standards, verification requirements for source documents used to prove identification, immigration standards, provisions related to data storage and sharing, and security and fraud prevention criteria.

After the May 11, 2008, deadline, the federal government will not accept a driver's license or identification card from a noncompliant state for an official federal purpose--which includes boarding a commercial aircraft and entering certain federal facilities.

FEDS TOUT SECURITY BENEFIT

Federal officials view REAL ID as necessary for security. "The American public's desire for greater identity protection is undeniable," says U.S. Department of Homeland Security Secretary Michael Chertoff.

"The 9/11 hijackers obtained 30 different driver's licenses and IDs, and used 364 aliases. For an extra $8 per license, REAL ID will give law enforcement and security officials a powerful advantage against falsified documents, and it will bring some peace of mind to citizens wanting to protect their identity from theft by a criminal or illegal alien," Chertoff says.

It is safe to say that so far not everyone agrees. REAL ID's enactment was roughly analogous to the federal government shoving its figurative hand deep into a hornet's nest. Few federal acts in recent memory have elicited such strong state reaction. Although responses have not been uniform, a lot of state REAL ID legislation was negative.

"It smells like a can of worms and it should be rethought," says Oklahoma Senator Constance Johnson, who sponsored legislation that prohibits Oklahoma agencies from complying with REAL ID. "Just the way it passed caused all the problems," she says. "We need to take more time."

MANY STATE CONCERNS

Many critics see REAL ID as a...