National ID Law a Nightmare for States

January 18, 2006

http://news./s/ap/20060113/ap_on_re_us/real_id_5 "In many respects it's a statute that ignores reality." An anti-terrorism law creating a national standard for all driver'slicenses by 2008 isn't just upsetting civil libertarians andimmigration rights activists.State motor vehicle officials nationwide who will have to carry outthe Real ID Act say its authors grossly underestimated its logistical,technological and financial demands.In a comprehensive survey obtained by The Associated Press and infollow-up interviews, officials cast doubt on the states' ability tocomply with the law on time and fretted that it

will be a budget buster."It is just flat out impossible and unrealistic to meet theprescriptive provisions of this law by 2008," Betty Serian, a deputysecretary of the Pennsylvania Department of Transportation, said in aninterview.Nebraska's motor vehicles director, responding to the survey by theAmerican Association of Motor Vehicle Administrators, said that tocomply with Real ID her state "may have to consider extreme measuresand possibly a complete reorganization."And a new record-sharing provision of Real ID was described by anIllinois official as "a nightmare for all states.""Can we go home now??" the official wrote.States use a hodgepodge of systems and standards in granting driver'slicenses and identification cards. In some places, a high schoolyearbook may be enough to prove identity.A major goal of Real ID — which was motivated by the Sept. 11 attacks,whose perpetrators had legitimate

driver's licenses — is to unify thedisparate licensing rules and make it harder to fraudulently obtain acard.The law also demands that states link their record-keeping systems tonational databases so duplicate applications can be detected, illegalimmigrants caught and driving histories shared.State licenses that fail to meet Real ID's standards will not be ableto be used to board an airplane or enter a federal building.The law, which was attached to a funding measure for theIraq war last May, has been criticized by civil libertarians whocontend it will create a de facto national ID card and new centralizeddatabases, inhibiting privacy.State organizations such as the National Governors Association haveblasted the law as well. Many states will have to amend laws in orderto comply.Jeff Lungren, a spokesman for Real ID's principal backer,House Judiciary Committee Chairman James Sensenbrenner, R-Wis.,

saidthere is no chance states might win a delay of the 2008 deadline."We gave three years for this process," he said. "Every day that wecontinue to have security loopholes, we're at greater risk."The August survey by the motor vehicle administrators' group, whichhas not been made public, asked licensing officials nationwide fordetailed reports on what it will take to meet Real ID's demands.It was not meant to produce an overall estimate of the cost ofcomplying with Real ID. But detailed estimates produced by a fewstates indicate the price will blow past a February 2005 analysis by theCongressional Budget Office, which estimated Congress would need tospend $100 million reimbursing states.Pennsylvania alone estimated a hit of up to $85 million. Washingtonstate projected at least $46 million annually in the first several years.Separately, a December report to Virginia's governor pegged thepotential price

tag for that state as high as $169 million, with $63million annually in successive years. Of the initial cost, $33 millionwould be just to redesign computing systems.It remains unclear how much funding will come from the federalgovernment and how much the states will shoulder by raising fees ondriver's licenses."If you begin to look at the full ramifications of this, we aretalking about billions and billions of dollars. Congress simply passedan unfunded mandate," said Barry Steinhardt, director of thetechnology and liberty project at theAmerican Civil Liberties Union. "Every motorist in America is going topay the price of this, of the Congress' failure to do a seriousexploration of the cost, the complexity, of the difficulty."The survey respondents and officials interviewed by the AP noted thatmany concerns might be resolved as the Department ofHomeland Security clarifies its expectations for the law — such

aswhether existing licenses can be grandfathered in — before it takeseffect May 11, 2008.As of now, however, it appears little has changed since the surveydescribed a multitude of hurdles.Some examples:• The law demands that states mine multiple databases to check theaccuracy of documents submitted by license applicants. Several statesquestioned how that will work, especially with confirming birthcertificates. Iowa said it didn't think the states would be able tomake the required vital-records upgrades within three years.• Some states' ancient computing systems will have to be overhauled inorder to link to other networks. Minnesota runs a 1980s-era mainframesystem; Rhode Island says its "circa 1979" COBOL-based network willrequire a $20 million upgrade.• Many states don't make drivers prove they are legally in thecountry, but the law will now demand such documentation. It also callsfor states to

run license applications through a federal databaseknown as SAVE that was launched by a 1986 law aimed at preventingillegal immigrants from receiving federal benefits. One problem,though, is that the "SAVE database is notoriously unreliable ...months behind," said South Carolina's response to the survey.• After drivers submit documents to prove their identities, stateswill have to retain paper copies of those documents for at least sevenyears or digital images for 10 years. Some states fretted about thestorage costs; others worried about how to capture images of all thosefiles. Alabama's survey response called the project "massive," sayingthat while the state had the proper equipment at six licensingcenters, "we do not have the resources to equip all of our 79offices." Added Massachusetts: "This equipment is very expensive!"• Real ID requires that a license show someone's principal residence.But state officials object

that a mailing address makes more sense formany people — for "snowbirds" who spend time in two states, forexample or for public officials who want to protect their privacy."What should the procedure be for a person who lives in a RV?" asksSouth Dakota's report.• The law calls for a person's "full legal name," no nickname orabbreviations, on licenses. Cards have to be redesigned and databasesmust be reprogrammed to make room for extremely long names, likely upto 125 characters. That's not an easy process. By itself it accountsfor $4 million of North Dakota's $5.9 million estimated impact.• Motor-vehicle employees will be subject to background checks, butseveral officials said it was unclear what would disqualify someonefrom being able to process licenses. Maryland's response said waitingfor security clearances "could cause staffing shortage."• Real ID demands that all driver's licenses or ID cards have

picturesthat can be read by facial-recognition technology. That would end manystates' practice of letting people with certain religious beliefsrequest not to have a picture. Tennessee, meanwhile, allows anyoneolder than 60 to get a "valid without photo" license."If you take any one of these things individually, you see asignificant problem," Steinhardt said. "There are literally hundredsof these problems embedded in Real ID, and the statute doesn't giveyou a way out. It's black and white. No exceptions, no reality check."In many respects it's a statute that ignores reality."

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January 18, 2006

Isen't that funny -you all care about ids and really do not care about anyone (like your kid) but who needs some gov id and may be 'on the run' from your gestople. Nice citizens turning over your brothers. I guess I will not miss any of these groups. Hey feds - got what you need? F You.And your statutes and laws. Go ahead and kill anyone that stands before you. I know I may be next. ElPaso Outwit <EPoutwit wrote: http://news./s/ap/20060113/ap_on_re_us/real_id_5 "In many

respects it's a statute that ignores reality." An anti-terrorism law creating a national standard for all driver'slicenses by 2008 isn't just upsetting civil libertarians andimmigration rights activists.State motor vehicle officials nationwide who will have to carry outthe Real ID Act say its authors grossly underestimated its logistical,technological and financial demands.In a comprehensive survey obtained by The Associated Press and infollow-up interviews, officials cast doubt on the states' ability tocomply with the law on time and fretted that it will be a budget buster."It is just flat out impossible and unrealistic to meet theprescriptive provisions of this law by 2008," Betty Serian, a deputysecretary of the Pennsylvania Department of Transportation, said in aninterview.Nebraska's motor vehicles director, responding to the survey by

theAmerican Association of Motor Vehicle Administrators, said that tocomply with Real ID her state "may have to consider extreme measuresand possibly a complete reorganization."And a new record-sharing provision of Real ID was described by anIllinois official as "a nightmare for all states.""Can we go home now??" the official wrote.States use a hodgepodge of systems and standards in granting driver'slicenses and identification cards. In some places, a high schoolyearbook may be enough to prove identity.A major goal of Real ID — which was motivated by the Sept. 11 attacks,whose perpetrators had legitimate driver's licenses — is to unify thedisparate licensing rules and make it harder to fraudulently obtain acard.The law also demands that states link their record-keeping systems tonational databases so duplicate applications can be detected, illegalimmigrants caught and driving histories

shared.State licenses that fail to meet Real ID's standards will not be ableto be used to board an airplane or enter a federal building.The law, which was attached to a funding measure for theIraq war last May, has been criticized by civil libertarians whocontend it will create a de facto national ID card and new centralizeddatabases, inhibiting privacy.State organizations such as the National Governors Association haveblasted the law as well. Many states will have to amend laws in orderto comply.Jeff Lungren, a spokesman for Real ID's principal backer,House Judiciary Committee Chairman James Sensenbrenner, R-Wis., saidthere is no chance states might win a delay of the 2008 deadline."We gave three years for this process," he said. "Every day that wecontinue to have security loopholes, we're at greater risk."The August survey by the motor vehicle administrators' group, whichhas not been made

public, asked licensing officials nationwide fordetailed reports on what it will take to meet Real ID's demands.It was not meant to produce an overall estimate of the cost ofcomplying with Real ID. But detailed estimates produced by a fewstates indicate the price will blow past a February 2005 analysis by theCongressional Budget Office, which estimated Congress would need tospend $100 million reimbursing states.Pennsylvania alone estimated a hit of up to $85 million. Washingtonstate projected at least $46 million annually in the first several years.Separately, a December report to Virginia's governor pegged thepotential price tag for that state as high as $169 million, with $63million annually in successive years. Of the initial cost, $33 millionwould be just to redesign computing systems.It remains unclear how much funding will come from the federalgovernment and how much the states will shoulder by raising

fees ondriver's licenses."If you begin to look at the full ramifications of this, we aretalking about billions and billions of dollars. Congress simply passedan unfunded mandate," said Barry Steinhardt, director of thetechnology and liberty project at theAmerican Civil Liberties Union. "Every motorist in America is going topay the price of this, of the Congress' failure to do a seriousexploration of the cost, the complexity, of the difficulty."The survey respondents and officials interviewed by the AP noted thatmany concerns might be resolved as the Department ofHomeland Security clarifies its expectations for the law — such aswhether existing licenses can be grandfathered in — before it takeseffect May 11, 2008.As of now, however, it appears little has changed since the surveydescribed a multitude of hurdles.Some examples:• The law demands that states mine multiple databases to check

theaccuracy of documents submitted by license applicants. Several statesquestioned how that will work, especially with confirming birthcertificates. Iowa said it didn't think the states would be able tomake the required vital-records upgrades within three years.• Some states' ancient computing systems will have to be overhauled inorder to link to other networks. Minnesota runs a 1980s-era mainframesystem; Rhode Island says its "circa 1979" COBOL-based network willrequire a $20 million upgrade.• Many states don't make drivers prove they are legally in thecountry, but the law will now demand such documentation. It also callsfor states to run license applications through a federal databaseknown as SAVE that was launched by a 1986 law aimed at preventingillegal immigrants from receiving federal benefits. One problem,though, is that the "SAVE database is notoriously unreliable ...months behind," said South Carolina's

response to the survey.• After drivers submit documents to prove their identities, stateswill have to retain paper copies of those documents for at least sevenyears or digital images for 10 years. Some states fretted about thestorage costs; others worried about how to capture images of all thosefiles. Alabama's survey response called the project "massive," sayingthat while the state had the proper equipment at six licensingcenters, "we do not have the resources to equip all of our 79offices." Added Massachusetts: "This equipment is very expensive!"• Real ID requires that a license show someone's principal residence.But state officials object that a mailing address makes more sense formany people — for "snowbirds" who spend time in two states, forexample or for public officials who want to protect their privacy."What should the procedure be for a person who lives in a RV?" asksSouth Dakota's report.• The law

calls for a person's "full legal name," no nickname orabbreviations, on licenses. Cards have to be redesigned and databasesmust be reprogrammed to make room for extremely long names, likely upto 125 characters. That's not an easy process. By itself it accountsfor $4 million of North Dakota's $5.9 million estimated impact.• Motor-vehicle employees will be subject to background checks, butseveral officials said it was unclear what would disqualify someonefrom being able to process licenses. Maryland's response said waitingfor security clearances "could cause staffing shortage."• Real ID demands that all driver's licenses or ID cards have picturesthat can be read by facial-recognition technology. That would end manystates' practice of letting people with certain religious beliefsrequest not to have a picture. Tennessee, meanwhile, allows anyoneolder than 60 to get a "valid without photo" license."If you take any one

of these things individually, you see asignificant problem," Steinhardt said. "There are literally hundredsof these problems embedded in Real ID, and the statute doesn't giveyou a way out. It's black and white. No exceptions, no reality check."In many respects it's a statute that ignores reality." Photos Got holiday prints? See all the ways to get quality prints in your hands ASAP.