Study: Most States Preparing For REAL ID

  • Jun 19, 2007
The Coalition for a Secure Driver's License, a group of 9/11 family members and other concerned citizens advocating tighter identification requirements for state-issued driver's licenses, recently announced a new assessment of all 50 states reveals most have either moved forward in preparing for compliance on REAL ID, defeated anti-REAL ID legislation or not taken up the issue. The REAL ID Act, which puts into law a recommendation of the 9/11 Commission, establishes a minimum standards for secure state-issued driver's licenses.

REAL ID has been discussed at length in state legislatures during the spring session -- however, to date, the majority of states have not considered legislation or resolutions that outright reject the REAL ID Act. To date, 46 out of 50 states have not passed any laws opting out of REAL ID.

"Now that most state legislatures are nearing the end of their sessions, it's time to take a closer look at the REAL ID debate," said Neil Berro, executive director of the Coalition for a Secure Driver's License. "Eleven states have already introduced legislation to prepare for compliance with the REAL ID Act; it's my understanding that many of the larger states will be REAL ID compliant by 2008. Contrary to impressions left by some who oppose more secure driver's licenses, only four states have enacted laws that opt out of REAL ID. Furthermore, many of the states often categorized as rejecting REAL ID have done so by passing non-binding resolutions, which are political statements but have no legal implications. If Congress would simply provide some federal funds to help states comply, that would address the lion's share of states' concerns."

46 out of 50 states have not passed any laws opting out of REAL ID.

Only 11 states out of 50 have even enacted laws and resolutions related to the REAL ID Act:

  • Four states (South Carolina, Montana, Washington and New Hampshire) have passed binding legislation forbidding the state from participating in the REAL ID Act implementation. Citizens of these states will be at a great disadvantage by no longer being able to use their driver's license to board planes and trains, enter a federal building, and much more.
  • Five states (Arkansas, Hawaii, Idaho, Maine and Tennessee) have passed resolutions declaring opposition to the REAL ID Act. These resolutions express opinion and carry no legal weight. They do not affect how the states would implement REAL ID.
  • Two states (Oklahoma and Georgia) have passed resolutions permitting their governors to delay implementation until further review of the regulations but these resolutions do not outright reject REAL ID.

Only seven other states (Arizona, Colorado, Illinois, Minnesota, Missouri, Texas and West Virginia) have pending legislation and/or resolutions that outright reject the REAL ID Act. Four of these states with pending proposals (Arizona, Minnesota, Missouri, and West Virginia) also have bills pending that reject adoption of the REAL ID Act. These bills would prohibit state agencies from taking any action to comply with the REAL ID Act. However, five of these states' legislative sessions have already closed (Colorado, Minnesota, Missouri, Texas and West Virginia) with no further action on the pending legislation.

Six states (including Colorado, Illinois, Missouri, New Mexico, Texas and Wyoming) have non-binding resolutions pending that oppose REAL ID. These resolutions carry no legal weight and would not affect how the state would implement the act. Five of the six states' legislative sessions have already closed with no further action on the pending resolution.

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