Realities of Real ID could spell trouble Cost of federal mandate seen as prohibitive

AUGUSTA – Two years from now, Mainers wanting to fly for business or pleasure may be barred from getting on the airplane. The federal Real ID act takes effect May 11, 2008, and state officials say there is no way Maine can be in compliance with the law that mandates various security measures dealing with driver’s licenses.

It would cost millions to implement, and new licenses likely would cost more than $100.

“I don’t see how we could possibly meet all its requirements. I don’t see how any state could meet all the requirements by the deadline,” Secretary of State Matt Dunlap said. “This is something that could cost a couple of hundred billion dollars to do.”

Dunlap said the Real ID Act was passed a year ago as a result of the 9-11 Commission Report that was critical of the lack of security in obtaining identity documents such as driver’s licenses. But, he said, the Read ID Act has unrealistic schedules and provides little federal funding.

“It is a huge, unfunded federal mandate,” he said, “and it is totally unrealistic in its timelines.”

For example, Dunlap said, Maine has spent years and more than $14 million to set up the new computer system in his office to handle license and motor vehicle registrations. He said the federal law requires that all the states share, through databases, the personal information needed for a driver’s license.

“It simply can’t be done in a couple of years,” he said. Dunlap is joined in his criticism of the law by the National Governors Association and the National Conference of State Legislatures, which issued a report last month critical of the lack of funding and unrealistic implementation schedule.

The legislation is just starting to get the attention of groups outside of government that could be severely affected if Maine driver’s licenses stop being a valid identification.

Under the current law, if Maine does not adopt all of the security improvements to licenses as documents and to screening those who apply for license renewal or a new license, airport security officials can prevent people from boarding planes.

“That’s going to get people’s attention really fast,” said Dana Connors, president of the Maine Chamber of Commerce. “This needs to be fixed before it impacts on commerce all across the country.”

Connors said that while no one wants to block improved national security, he said implementation of security measures have to be phased in over a practical time frame.

Maine Sen. Susan Collins is chair of the Senate Homeland Security and Government Operations Committee. She has had several discussions with Dunlap and other state officials on problems with the law. Collins points out that she blocked similar language from the Homeland Security overhaul legislation, only to see it added to a must-pass appropriations bill a year ago.

“There is a lot of support for this legislation in Congress, and I don’t see efforts to change it or repeal it or delaying it being successful,” she said.

“To date, the federal government has provided about $40 million in grant funding to assist the states, and I hope more funding will be forthcoming.”

Collins agreed with Dunlap and others that the legislation adds up to an unfunded mandate. She doubts there will be anywhere near the funds provided that are needed by the program or that its implementation will be delayed.

Several members of Congress have released statements arguing that national security demands that the law go into effect as planned. One congressman said states not implementing the law are “not doing their part” for national security, and their residents will be forced to get a passport in order to meet the law’s requirement.

Dunlap said other states are as concerned as Maine. The New Hampshire House has passed a bill to opt out of the law, and its Senate has voted to study it. Other states are considering resolutions calling on Congress to adopt a more realistic implementation schedule.

“We’re talking about a driver’s license costing more than $100,” Dunlap said, “We are talking about millions of dollars to implement this just here in Maine.”

For example, he said, the law will require Maine to train its clerks to evaluate the authenticity of documents, such as birth certificates. It also will require linking to national immigration databases to verify that persons applying for or renewing a driver’s license are citizens or legal residents.

“We had a lot of people upset at how long they had to stand in line last summer at our offices,” Dunlap said. “I can’t imagine how long it is going to take to do everything required in this law.”

He said the Secretary of State’s Office now generates more than $60 million a year in revenue for the Highway Fund. He said the costs of implementing the law could exceed that, and his office could require additional funding from the Highway Fund or other sources to do its work. “Congress has to do something,” he said, “They just have to.”