AUGUSTA — Lawmakers heard a proposal Tuesday to stop issuing driver’s licenses and identification cards in Maine that meet strict new federal security standards known as Real ID.

Rep. Laurel Libby, R-Auburn, sponsored a bill to repeal a Maine law that allows the secretary of state to issue state IDs that comply with the federal REAL ID Act, which critics say compromises privacy.

Rep. Laurel Libby, R-Auburn. Joe Phelan/Kennebec Journal

The law was passed in the aftermath of the 9/11 terrorist attacks to increase security on airplanes and in federal buildings, and involves a higher level of verification than standard driver’s licenses or nondriver identification cards.

But Libby said Tuesday that longstanding privacy concerns related to the law have only grown in recent years. “At its core, Real ID represents a dangerous consolidation of personal information that undermines the privacy of law-abiding Americans,” she said during a public hearing before the Transportation Committee. Because she has been censured by the House, Libby can’t speak on the House floor or vote on legislation, but she is allowed to testify in committee.

Libby and other supporters of the repeal (her bill, LD 160, includes five Democratic co-sponsors) said the Real ID law represents government overreach and raises concerns about data collection and use by the federal government and potential breaches.

“Every time a Real ID is used — whether to board a plane or enter a federal building — a record can be created and uploaded to a federal system, building a detailed profile of individuals’ movements and activities,” said Sen. Nicole Grohoski, D-Ellsworth, a co-sponsor of the bill.

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“Mainers value their privacy and do not want their personal data funneled into a national tracking system,” she added.

Secretary of State Shenna Bellows, a Democrat who previously pushed back on Real ID as a former state lawmaker and former leader of the ACLU of Maine, testified against the bill. She said that while she sympathizes with some of the reasons for the legislation, it would make Maine the only state unable to provide its residents with a federally compliant credential.

That would force Mainers to submit their data to the federal government to fly domestically or enter military bases or other federal facilities, Bellows said. “Mainers who want a Real ID or who are required to get one by the federal government should not be prohibited from doing so,” she said.

Bellows said the only information the secretary of state’s office currently transmits to the federal government when processing a Real ID are monthly numbers of Real IDs issued, though the office is required to maintain records of the documents people submit.

Bellows said supporters of the bill are not wrong that when people use a Real ID, their information is captured by the federal government. “But opting out of Real ID here in Maine or prohibiting the Bureau of Motor Vehicles from providing a Real ID is not going to change that,” she said.

A sample image of a Maine Real ID card. Joe Phelan/Kennebec Journal

Standards for a Real ID are consistent across the 50 states and involve a higher level of verification than standard driver’s licenses or IDs. To receive a Real ID, an individual must bring proof of identification and citizenship/lawful status, such as a certified birth certificate, two forms proving residency and a Social Security number. Proof of any legal name changes must also be provided, if applicable.

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Critics of Real ID have long raised concerns about personal privacy and increased governmental surveillance. In 2018, Maine was one of the last states to comply with the law’s requirements for digital photos on state driver’s licenses, IDs that can be used with facial recognition software, and the digital archiving of identity documents such as birth certificates or Social Security numbers, among other requirements.

After years of delays, the U.S. Department of Homeland Security said last summer that it will begin enforcing federal requirements for people over the age of 18 to present Real ID compliant identification at airport security stations and before entering federal buildings on May 7.

Residents who don’t get a Real ID from the state can still get through airport security or into federal buildings, but they will need to bring extra forms of federal identification, such as a passport, to meet the requirements.

Bellows said Tuesday that since March the Bureau of Motor Vehicles has seen an increase in the number of people seeking Real IDs. While about 27% of all credentials issued by the BMV are Real ID compliant, 83% of people who sought driver’s licenses or ID cards in April sought a Real ID, she said.

“What we are seeing is that Mainers are making the decision that they want the Real ID if the federal government is going to prevent them flying domestically or entering a federal building without it,” Bellows said.

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