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Real ID rejection

Montana the first state to pass a law against the federal Real ID Act

By The Standard Staff - 04/20/2007

Montanans are an independent lot, and Gov. Brian Schweitzer furthered our reputation as free thinkers Tuesday by signing a bill that made Montana the first state in the nation to actually bar the Department of Motor Vehicles from implementing the federal Real ID Act.

The act, passed in 2005 as an attachment to a bill funding the Iraq war and aid to tsunami victims, requires all states’ driver’s licenses to conform to certain specifications and mandates that licensing bureaus feed information into national databases. To qualify for this new license, citizens would have to provide extensive documentation of their identity.

“The Federal Real ID Act creates a de facto national ID card that unnecessarily invades the privacy of Montanans,” Schweitzer said in a statement. “Montana is again on the forefront in the fight for personal freedom, and we will continue to hold the federal government accountable.” In a rare show of bi-partisanship, both the Montana House and the Senate unanimously supported House Bill 287, sponsored by Rep. Brady Wiseman, D-Bozeman. Montana’s Republican Secretary of State Brad Johnson backed the bill as well.

According to an article from Stateline.org (www.stateline.org), Washington joined Montana on Wednesday when Gov. Christine Gregoire signed a bill barring her state from complying unless the federal government provides Washington with $250 million to cover the estimated costs to implement the mandate.

Stateline.org staff writer Eric Kelderman reports that 30 states have either passed or are considering proposals against the license standards, but Montana’s and Washington’s laws are the strongest to date.

We like the idea of Montana being a leader on this and hope other states follow that lead and just say no to this unfunded federal mandate. State-issued driver’s licenses have sufficed for decades, and we see no compelling reasons for costly major changes at this point — especially with all the other pressing needs out there.

U.S. Sen. Jon Tester praised the folks back home for this bold action. “We need stronger border security and tougher immigration policy,” Tester said. “But as a Montanan, I am downright against giving the federal government keys to the doors of our private lives.” Tester is co-sponsor of a bill that would repeal the Real ID Act and give states more flexibility in fighting terrorism. He believes the act would cost states “an overwhelming $23.1 billion” and lead to “blatant invasions of privacy by the federal government, and by identity thieves.” An Associated Press account of Schweitzer’s bill signing reported that U.S. Rep. Denny Rehberg, who originally supported the legislation, is now against it.

Rehberg told AP he had favored the act because it was recommended by the Sept. 11 Commission as a way to strengthen national security and he thought most Montanans wanted it.

“The Legislature has disagreed; the governor has disagreed and I will accept and support their position,” Rehberg is quoted as saying.

That was a smart political move on Rehberg’s part, given the overwhelming opposition to the act, and a positive step toward a federal repeal.

With a majority of states poised to reject Real ID, the time has come for Congress to admit this was a bad idea and remove this law from the books.


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