Things are quickly picking up speed in Augusta. The Transportation Committee has held public hearings and work sessions on a number of bills, ranging from labeling signs in public right of ways to what qualifies for failure during a motor vehicle inspection. There are many more bills to come.
One bill that will be in front of the Committee in the coming weeks has to do with the National REAL ID Act. I have heard concerns from a number of Gorham residents and others from around the state about what will happen if Maine does or does not comply with this law. I have also seen misinformation circulating about the REAL ID Act. For this reason, I’ve provided some brief history on what REAL ID is, Maine’s history with REAL ID and what the upcoming bill will do if passed.
The REAL ID Act of 2005 was passed by Congress after recommendations from the 9/11 Commission. The purpose of the REAL ID Act was to create a set of universal standards for states to follow when issuing forms of identification, as there was no uniform security standard for states to follow. The 9/11 Commission’s concern was that the lack of standards was a security risk. The intent of their recommendation was to make it more difficult for terrorists to obtain state credentials, which came from the observation that the 9/11 attackers were indeed able to get state identifications.
In 2007, Maine rejected compliance with REAL ID. Lawmakers and citizens alike had concerns
about privacy intrusion and potential conflict with civil liberties. The effectiveness of REAL ID was also questioned in regards to achieving its goal of reducing security risks. Maine was able to obtain a waiver to comply with the law from the Department of Homeland Security, and until 2016 that waiver was renewed each year.
The state has been informed that the federal government would not extend the waiver for 2017, which means enforcement for non- compliance would begin. This is why the question of complying with REAL ID has become such an urgent concern. Starting on Jan. 30, 2017, federal agencies will no longer accept Maine licenses for official purposes. This includes access to military bases, nuclear power plants and other federal facilities that require an ID to enter. Starting on Jan. 22, 2018, Maine licenses will not be considered acceptable identification to board a commercial aircraft.
LD 306, An Act to Require State Compliance with Federal REAL ID Guidelines, would direct the Secretary of State to issue driver’s licenses and non-driver identification cards that conform to REAL ID standards. If passed, this bill would repeal the current law that prohibits compliance from the state and allow the process of bringing Maine into compliance to begin. The bill will have a public hearing and considerable debate. There are legitimate issues of privacy and security on one side and issues of access and compliance on the other. These concerns are important and while the final disposition of this bill remains unknown, the Transportation Committee and the Legislature as a whole intends to find a solution to this issue this year.
If you are interested in testifying or listening to the testimony, please let me know. Hearing your thoughts on this and other issues is crucial to what we do at the State House. As always, please feel free to contact me with your questions and concerns.