Montana stands firm over REAL ID Act

By MIKE DENNISON - IR State Bureau - 03/22/08

The federal government won’t be penalizing Montana for refusing to comply with the REAL ID Act, state officials said Friday — and Montanans can use their driver’s licenses for identification when they board commercial airplanes.

“We just stood our ground,” Gov. Brian Schweitzer said. “We didn’t blink, we didn’t buckle, and they said OK. We gave up about nothing.”

The agreement came together Friday, resolving a potential stand-off between Montana and the U.S. Department of Homeland Security over the REAL ID Act, which sets new security standards for state-issued I.D. cards.

In the end, both sides said they got what they wanted.

Montana Attorney General Mike McGrath wrote a letter to Homeland Security Secretary Michael Chertoff, saying it will neither implement the act nor ask for an “extension” to do so.

However, McGrath said the state already has created one of the most forgery-proof driver’s licenses in the nation, and that would likely meet any requirements of the REAL ID Act.

The security requirements of the REAL ID Act have not yet been finalized.

“I urge your department not to take any steps that would penalize Montanans’ ability to use their valid Montana driver licenses for federal identification purposes and commercial air travel,” he wrote.

The federal government said if a state didn’t file an extension by March 31, its citizens wouldn’t be able to use their driver’s license at federal airport security after May 11.

In a reply to McGrath on Friday, Stewart Baker, assistant Homeland Security secretary for policy, said he would treat McGrath’s letter as a request for an extension.

Baker noted that McGrath’s letter listed a number of security precautions that Montana already has taken for its driver’s licenses, and said they meet the first phase of REAL ID requirements.

Montana therefore has an extension until Dec. 31, 2009, when the next phase of REAL ID takes effect, Baker said.

Schweitzer said he had been negotiating directly with Chertoff, saying Montana driver’s licenses have the security provisions that REAL ID is expected to require in the future, but doesn’t require now.

“It was becoming the theater of the absurd,” the governor said. “It didn’t make sense for them to penalize Montana. They’ve accepted where we’re at and we will continue to use (our licenses) at airports.”

The Montana Legislature last year passed a law saying the state won’t comply with the REAL ID Act, denouncing its requirements as costly, unnecessary, potentially violating privacy rights and a violation of state’s rights.

The federal act says state-issued identification cards, such as driver’s licenses, must have a digital photograph, special security features to prevent counterfeiting and “machine-readable technology. States also must require certain other types of I.D. to get a license.

Schweitzer said the Montana license has a secure photograph with a hologram and a secure data strip on the back of it.

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Reader Comments:

woodshed573 wrote on Mar 23, 2008 4:40 PM:

" Once again the governor and the state legislature is being impenitent by refusing to abide by the law of the land relating to the Real ID Act. If the Montana DL cannot be used as ID then each family will have to spend about $100 per member to get a passport. By the way, y Armed Forces ID has never been laughed at or scoffed by TSA and I have flown every week last year. Lets see who has the last laugh come 12/09. Aslo our US Senators voted for this law!! "

woodshed573 wrote on Mar 23, 2008 4:32 PM:

" Once again the State of Montana has show its impedance by trying to go against the Federal Government by refusing to go along with the Real ID act which by the way was voted on by the Senators from this state. If the law goes into effect and the Montana DL are not valid for use to board airlines or Federal Buildings, then the governor and the state legislature will cause every family to spend approximately $100 per member. This cost is the cost of obtaining a passport as that is what it will take. By the way, my Armed Forces ID card has never been laughed upon not scoffed at by TSA. I have traveled every week this past year where I have used this form of identification sucessfully. "

cntrlfreak wrote on Mar 22, 2008 11:11 PM:

" Hats off to Governor Schweitzer!! It’s refreshing to know that Montana’s representatives aren’t easily swayed by federal controls!!! Way to stand up to Uncle Sam Soprano and his incompetence. "

mark1228 wrote on Mar 22, 2008 9:14 PM:

" Are you kidding me? What is the big deal? If our Montana DL already has the info of the national id, how is it anymore an "invasion of privacy" than our current license. What are we standing up to DHS over? Focus on important issues like the economy Gov. "

mastergunny wrote on Mar 22, 2008 11:16 AM:

" THANK YOU Gov. Schweitzer for your efforts on behalf of all the residents of the State of Montana. It isn't often that someone has the "Grit" to stand up to the DHS these days and, make them see reason. "

dakota_rt wrote on Mar 22, 2008 8:38 AM:

" This REALID act is completely absurd. It reminds me of this one situation where I was asked for identification and I proudly displayed my Armed Forces of The United States ID and they scoffed at me and said they did not accept military ID's! WOW! REALID is a joke and it just violates our privacy! I guess anything to help rid the world of terrorism! Get out, that's like saying were going to put every criminal behind bars! Criminals, like terrorists are born everyday! "


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