Legislator: An 'unfunded mandate'

New license plan creates headaches for lawmakers

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buy this photo New license plan creates headaches for lawmakers

DOUGLAS - Wyoming and other states have until May 11, 2008, to comply with new driver's license requirements under the national Real ID Act of 2005, or else citizens may not be able to fly on airplanes or enter federal buildings.

Yet, the federal government hasn't offered clear guidelines on implementing the new licenses n or earmarked money to help states cover the costs, Wyoming Department of Transportation Support Services Administrator Jim O'Connor told the Joint Transportation, Highways and Military Affairs legislative committee here during a recent meeting.

The Real ID Act, passed by Congress in May 2005, mandates what many say amounts to a national ID card, in the form of a driver's license. By following the rules, states ensure the cards will be accepted as identity documents by the federal government. The legislation was spurred by the ease with which suspected terrorists accessed U.S. drivers' licenses and other credentials preceding the Sept. 11, 2001, terrorist attacks. The U.S. Department of Homeland Security will manage the program.

Wyoming redesigned its licenses just two years ago, O'Connor said, and although Cowboy State licenses are one of the most difficult to reproduce illegally, they'll no longer be adequate under the Real ID rules.

Along with a new design, the licenses will be much more difficult to obtain or renew, O'Connor said. People will see an end to renewals by mail. They'll have to go to Driver Services armed with a certified copy of a birth certificate, a Social Security number and, if applicable, a marriage license or proof of legal change of name. That will probably increase the average time it takes a person at Driver Services from about 15 minutes to 45 or even 60 minutes, he said.

Driver Services will have to verify the Social Security number, and check the authenticity of other documents n a procedure which is not yet set and will likely be time consuming, O'Connor said.

"Nationwide, we do not have the ability to get into Vital Records," he said. Furthermore, Driver Services will have to verify that a license or ID hasn't already been issued by any other states, although no system is in place to do so. Likewise, states will have to verify immigration status. While Wyoming does have a way to do this, the system doesn't operate in real time, O'Connor said.

At a minimum, the new cards will have a person's name, birth date, sex, ID number, address and a digital photograph, along with security features. Homeland Security has the option of adding other requirements, such as retinal scans or fingerprints.

The new cards will also likely increase fees, as the state shoulders a greater financial burden. Currently WYDOT makes driver's licenses on-site. Under Real ID, the cards will likely be made of polycarbonate, which at this point is only manufactured only in Germany, O'Connor said. Wyoming couldn't afford the means to make those cards on-site, he added. As it is, switching to the new IDs will cost the state about $4.2 million n and that only covers software, hardware, additional space and staff and training, not the actual cost of a license.

"If we don't have this in place, you're not eligible to fly or to go into any federal building," O'Connor told lawmakers. He voiced serious concerns over the implementation date, saying, "I just don't think people are sitting down and thinking about this logically yet."

He said WYDOT and others are hoping the federal government will phase the new cards in as regular driver's licenses expire, but no decision has been made to that effect.

"I really have some concerns about this process," said Rep. Floyd Esquibel, D-Laramie. He talked of his own experience obtaining a passport, where officials noted his birthplace as "Mexico" instead of "New Mexico," as it appears on his birth certificate. "I think those kinds of problems are going to materialize tremendously."

Kentucky and New Hampshire were funded for a trial run, but "we're not getting much information" on the process from those states, O'Connor said.

So far the federal act simply sets forth guidelines; apparently no hard and fast rules are ready, O'Connor said. That leaves states a little in limbo as to what to do and on what timeline.

"This is just another unfunded mandate," Rep. Mary Gilmore, D-Natrona, said. "It is taking local power, state power, away. I resent these kinds of things terribly."

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