AUGUSTA – State officials and lawmakers are hoping a change in presidents will translate to a change in federal identification policy.

The Transportation Committee is scheduled to take up a bill Friday to repeal the most controversial parts of the Real ID requirements that the Maine Legislature passed last year. There’s also movement on the federal level to scale back the provisions of the Real ID Act passed in 2005.

But it’s unclear what would happen if Maine thumbed its nose at the feds, now that the Obama administration has taken the reins of the Department of Homeland Security.

The goal of Real ID is to improve the security of driver’s licenses to make it more difficult for terrorists to obtain valid U.S. identification. In 2007, the Legislature voted overwhelmingly to not comply with the federal identification law, which is seen by many as expensive and a violation of privacy.

Under pressure from the federal Department of Homeland Security, lawmakers last year passed a measure stiffening the requirements necessary to receive a Maine driver’s license or state identification card. One such provision requires applicants to provide proof of legal presence in the United States by showing state officials a birth certificate, passport or another federally issued citizenship document.

“The basic problem is that the bill is an invasion of privacy and an infringement of basic rights, and that hasn’t changed,” said Rep. Mike Carey, D-Lewiston, who serves on the Transportation Committee. “The Bush administration treated Maine differently than other states when it came to implementing Real ID. With the Bush administration gone, hopefully we will be in a different place.”

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Shenna Bellows, executive director of the Maine Civil Liberties Union, said many Mainers have had difficulty obtaining driver’s licenses since the new requirements took effect in November.

“The Real ID bill passed under duress last spring and has done nothing to make us more secure and has infringed on our privacy rights,” she said. “It’s costly, it drives immigrants underground and Mainers are having difficulty getting the licenses they need to drive to their jobs.”

Matt Dunlap, Maine’s secretary of state, acknowledged his office has been contacted by people having trouble with the new requirements, particularly those in the armed services who move frequently.

“It’s still kind of murky how the Obama administration will proceed on this. Is it really going to not accept Maine licenses (for travel) if Maine were to repeal some of the Real ID provisions?” he said. “I don’t think you’d see as strong a position (as the Bush administration).

Homeland Security Secretary Janet Napolitano, appointed by President Barack Obama, opposed the implementation of Real ID while serving as Arizona governor, based predominantly on the fiscal burden it places on states.

Dunlap said the issue remains complex, with a lot of moving parts.

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“A lot of what we are doing is waiting to see what happens because this is a federal issue with real implications for Maine people,” he said.

House Majority Leader John Piotti, D-Unity, who supports the bill to repeal parts of Real ID, said the Legislature was strong-armed last session into passing stricter requirements than he feels are necessary.

“Obviously, there has to be a balance between civil liberties and questions of security,” he said. “From my perspective we’ve gone overboard, requiring a lot of bureaucratic red tape. So we’re going to push back now that there’s a different administration.”

Gov. John Baldacci supports the law as written, said spokesman David Farmer.

“The big issue is the legal presence requirement, and the governor is comfortable with that requirement,” he said.


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