Real ID law’s regulations yet to be adopted in state

CARSON CITY -- The head of the Department of Motor Vehicles is questioning whether Nevadans will be allowed on interstate flights starting Jan. 1 because of the failure of legislators to adopt a driver's license regulation to comply with the federal Real ID law.

But Homeland Security officials, while not specifically saying what will happen to passengers from states that don't meet Real ID requirements, are working toward giving states more time to comply with deadlines.

Department of Motor Vehicles Director Edgar Roberts will meet with Gov. Jim Gibbons' staff on Monday to decide what options can be taken to satisfy federal law, agency spokesman Tom Jacobs said Wednesday.

The Legislature's Subcommittee to Review Regulations refused Tuesday to adopt a proposed regulation that Roberts testified was necessary to avoid sanctions against Nevadans taking interstate flights.

The regulation is essentially an agreement by states to follow 18 Real ID benchmarks by Jan. 1.

The benchmarks include retaining facial images of drivers, verifying their Social Security card numbers and addresses, checking whether they are legal residents and doing background checks on DMV workers who have access to drivers' information.

The decision to defer action on the regulation "could hinder our businessmen and citizens traveling" by airlines to other states starting in 2010, Roberts said.

But most states are like Nevada in that they have failed to adopt Real ID compliant license regulations, and Jacobs expressed doubt that Transportation Security Administration officials in Nevada would prevent passengers from boarding airplanes. He said passengers still could use a passport or military ID for identification to board planes. Others might be pulled aside for more extensive screening and allowed to fly if they do not have weapons, he predicted.

Senate Majority Leader Steven Horsford and Assemblyman Marcus Conklin, both D-Las Vegas, told Roberts at a Tuesday meeting that the DMV, through the governor, could adopt the regulation on the 18 benchmarks on an emergency basis.

Emergency regulations remain in effect for 120 days, but Roberts said he was not certain an emergency regulation would comply with federal law.

In the meantime, Horsford and Conklin said legislators could review the regulation in more detail and meet with Nevada's congressional delegation about the Real ID law.

Conklin added that Congress next month might pass legislation delaying implementation of the act.

The Real ID Act of 2005 was an attempt by Congress to develop a national driver's license that could not be easily duplicated by terrorists. The licenses have special embedded security measures that are not available on current Nevada licenses, including the new licenses issued over the past year.

To receive Real ID compliant licenses, residents must show a birth certificate, a Social Security card and give proof of residency through a utility or other bills.

Residents would not have to get the new license immediately, only when it is time to renew their existing licenses.

The state Senate last June approved Senate Bill 52, which contains the provisions that Roberts placed in the regulation.

Under the proposal, residents still could secure a standard driver's license, one that does not require them to show added identification, if they do not wish to fly or leave the country. However, the bill died in the Assembly without a hearing.

Contact reporter Ed Vogel at evogel@reviewjournal.com or 775-687-3901.