By Pamela M. Prah and Eric Kelderman - In the showdown with the federal government over making state-issued driver's licenses more secure, all but three states have won a reprieve from more extensive security screenings for their residents at airports and federal buildings that were set to begin May 11.

Stateline.org - infoZine - While 47 states got more time to comply with new federal requirements through extensions, Maine, New Hampshire and South Carolina didn't, and their residents may be in for extra frisking before boarding airplanes if their states continue to balk at enforcing Real ID, the 2005 federal law aimed at keeping driver's licenses out of the hands of terrorists.

The U.S. Department of Homeland Security (DHS) is continuing to work with those three states, but if a deal isn't reached by March 31, those states' residents will need passports to enter federal buildings or to fly commercially or be subjected to more security checks and longer lines.

"It will be the same as showing up at the airport without any identification," DHS spokeswoman Amy Kudwa.

States have been riled about what they see as the federal government's heavy-handedness in pushing Real ID onto the states, and with it, the price tag, which at one time was estimated at $11 billion over five years. Under Real ID, states will have to verify the identity of all 245 million drivers and reissue new, more tamper-proof licenses. The measure was passed in response to the 9/11 terrorist attacks.

The law also requires motor vehicle departments to digitally store and share the information with other states. More recently, DHS has promoted Real ID as a way to crack down on illegal immigration and identity theft.

Real ID is perceived by some as the slippery slope to a national ID card, while others have raised privacy concerns.

Earlier this month, governors and state lawmakers called on Congress and President Bush to set aside $1 billion to cover the up-front cost of Real ID, according to separate letters from the National Governors Association and the National Conference of State Legislatures.

Both groups argued that Congress has appropriated only $90 million for Real ID, while the latest cost estimate for complying with the law is $4 billion over 10 years. While NGA wants Congress to "fix and fund" Real ID, NCSL wants an outright repeal.

(Click here for NCSL's "Countdown to Real ID" web page, including a database of state legislation).

The 2005 law had originally set a May 11, 2008, deadline for revamping states licenses. DHS pushed back the deadline to Dec. 31, 2009, but gave the states until March 31 to ask for a compliance extension.

Montana, the first state to revolt against the program, got word on March 21 that it received an extension from DHS, even though the governor says the state didn't ask for one.

Montana explained in its March 21 letter to DHS that it has already beefed up its state driver's licenses procedures, including using digital photography to ensure that applicants do not have more than one license. DHS said such efforts put Montana on track to meet Real ID requirements and awarded the state an extension.

Montana Gov. Brian Schweitzer (D) told Wired News, a daily technology news site, "I sent them a horse and if they want to call it a zebra, that's up to them," adding that if he were writing the headline, it would be "DHS Blinks."

Montana was the first of six states to pass laws in 2007 refusing to comply. Maine, New Hampshire, Oklahoma, South Carolina and Washington state followed. Of those, Oklahoma and Washington both requested and received extensions.

DHS continues to work with New Hampshire and Maine. Observers said that DHS viewed New Hampshire's initial request for an extension as not being made in "good faith," but talks are continuing. New Hampshire's letter to DHS said plainly that the state had no intention of complying with the law.

Maine Gov. John Baldacci (D) March 25 outlined for DHS the steps the state has made to make driver's licenses safer, including partially meeting 10 of the law's 18 benchmarks. But, like Montana, the state didn't specifically ask for an extension.

South Carolina is mulling whether to sue the federal government over Real ID. The state Attorney General Henry McMaster suggested in an opinion released March 24 that Gov. Mark Sanford (R) show DHS the steps the state has taken to make its driver's licenses safer. A lawsuit against the federal government "would be, at this point, premature," McMaster wrote.

Even states that earlier applied for the extension don't necessarily intend to meet the law's demands. The California Department of Motor Vehicles, for example, sent a March 18 letter to DHS, saying: "California's request for an extension is not a commitment to implementation of REAL ID, rather it will allow us to fully evaluate the impact of the final regulations ... prior to a final decision on compliance."

Similarly, Georgia Gov. Sonny Perdue (R) told Stateline.org that the extension leaves the state's options open. Georgia passed a 2007 law, giving the governor authority to ignore Real ID if it turned out to be too costly.

Hawaii Gov. Linda Lingle (R) also said that her state was not committing to Real ID simply by asking for the extension.

DHS has already given states a break announcing it allow another five years to comply with Real ID under regulations issued this past January that cut the cost and gave states more flexibility.

Key lawmakers on Capitol Hill also continue to question the law, which received no hearings, was attached to an emergency funding bill and passed overwhelmingly by the then Republican-controlled Congress. Bills since introduced in both the U.S. Senate and House of Representatives would repeal the act, but have not advanced past committees.

Eight U.S. senators recently sent a scathing letter to DHS Secretary Michael Chertoff, asking that all states be given an exemption until the end of next year. The agency rejected the request on March 21.

Tim Sparapani, an American Civil Liberties Union lawyer, is not convinced that DHS really will enforce the law: There is no sign that the federal Transportation Security Administration, which handles airport security, is hiring the extra security personnel for airports that could need stepped-up security checks in May, he said.

David Quam, NGA's chief lobbyist, said states and the federal government are at an important crossroads. "We're at a fork in the road. If we go one direction, the states and federal government can work together to get this done, and if we go the other direction, it will be much more difficult."

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Source: Contact Pamela M. Prah at - © 2008 stateline.org