Mo. legislators debate Real ID as fed restrictions loom

It’s been a decade since Congress passed the Real ID Act to thwart terrorist attacks post 9/11, but Missouri isn’t any closer to implementing the federal law.

In fact, in 2009, Gov. Jay Nixon signed a bill into law prohibiting the Missouri Department of Revenue from complying with the act’s standards.

Until now, that didn’t mean much for Missouri residents. However, a recent letter from the U.S. Department of Homeland Security, informed the state its exemption from federal Real ID requirements would come to an end Jan. 10.

That means Missouri driver’s licenses would not be accepted as ID at military bases and most other federal facilities, such as Springfield’s federal courthouse. More than just a minor inconvenience for those seeking admittance to a federal building, business travelers could soon feel the pain as Missouri driver’s licenses become unacceptable as identification for commercial air flights.

“Missouri was one of the first states to apply for exemption, so we are one of the first states to have that expire,” said Rep. Elijah Haahr, R-Springfield.

Haahr, an attorney with Aaron Sachs & Associates PC, said flight changes were extended until Jan. 22, 2018, but starting Jan. 27, Fort Leonard Wood will require a passport or driver’s license plus another form of identification to enter. For now, guests with only a driver’s license can call ahead for admittance with a military escort.

“That’s a temporary solution. They don’t have the manpower to keep that up,” Haahr said. “And that doesn’t account for something like a graduation where 500 people could want on the base.”

Don Ledford, public affairs officer for the Western District U.S. Attorney’s Office, said officials still are accepting Missouri driver’s licenses as valid ID at the Springfield federal courthouse, but he wasn’t sure how long that policy would last.

Missouri isn’t alone. Illinois, Minnesota, New Mexico and Washington received similar letters from Homeland Security. Currently, 27 states do not comply with the Real ID Act standards.

What’s the next step? The Missouri legislature currently is debating that. House Speaker Todd Richardson, R-Popular Bluff, tasked Haahr, chairman of the Emerging Issues Committee, to get up to speed on the issue and present options.

On Jan. 13, Sen. Ryan Silvey, R-Kansas City, filed Senate Bill 902 that would give Missouri drivers the option to pick whether to have a federally compliant license or one that requires retention of less information.

Silvey said this solution could provide freedom for residents to decide how much they care to participate in their government.

In the House, House Bill 2131 has been introduced to authorize a nondriving identification card that would comply with the federal requirements. Also, HB 2138 simply would repeal the prohibition on the DOR from complying with the federal law.

Simultaneously, House Concurrent Resolution 70 urges the federal government to repeal the Real ID Act altogether.

SB 902 and HB 2131 could create what’s known as an enhanced ID, with states such as New York and Vermont already opting for the measure. Residents would have the option of a traditional driver’s license or a Real ID-compliant license, which stores data in the DOR system. That storing of data is the original rub with many states.

Real ID compliance requires states to scan and store source documents, such as birth certificates, paired with a photo. Critics say this amounts to a federal database of citizens and an invasion of privacy. Supporters point toward 9/11 attackers who used multiple fake drivers licenses to board airplanes, saying the United States needs a system in place to prevent knockoffs.

“This isn’t a Republican or Democrat issue, this is a state’s rights issue,” Haahr said, noting parties are, however, split on the answer.

Can the state legislature resolve the issue quickly?

“Solve implies there is a problem and some people don’t believe there is a problem. Do I believe we will pass something to put us on the road to compliance? Yes,” Haahr said. “A large group of the legislature wants the citizens to have the option, even if they don’t agree with the federal government.”