New restrictions on state ID cards take effect - KFVS12 News & Weather Cape Girardeau, Carbondale, Poplar Bluff

New restrictions on state ID cards take effect

CAPE GIRARDEAU, MO (KFVS) - New federal regulations went into effect on Monday that change how the government treats ID cards for some states.

The REAL ID Act, passed by Congress in 2005, entered its next phase of enforcement. The Act is managed by the Department of Homeland Security as a way to standardize information collected by states before issuing IDs.

Law makers in some states felt the federal mandate violated privacy rights. Thirty-six states and provinces are currently not in compliance with the federal law. Some of those states have extensions granted by the DHS meaning they have more time to take measures to adhere to regulations.

In 2009 Missouri legislators took legal measures to ensure Missouri ID laws do not adhere to the REAL ID Act. A state statute mandates, "the department of revenue shall not amend procedures for applying for a driver's license or identification card in order to comply with the goals or standards of the federal REAL ID Act of 2005..."

"It really is a game of chicken between the states and the federal government," said Stoddard County Prosecuting Attorney Russ Oliver. "The federal government keeps saying you have to get it done by this date. The states say no were not going to do that."

Oliver served as an independent attorney for a case involving conceal and carry rights and the REAL ID Act in 2013.

"There are so many states refusing to comply that it is making it very difficult for the government to enforce it," Oliver said.

For the average driver license holder, not much will change right now. Those holding non-compliant state ID's will not be able to use those cards to enter "restricted areas for all Federal facilities and for nuclear power plants" according to the DHS website.

The next phase of the four phase plan will go into full enforcement on January 19, 2015. Following that date, the DHS says it will evaluate the progress states have made toward compliance. For states still not in compliance, the department plans to no longer accept those IDs for air travel. That means travels could need a second form of ID to get through airport security. That is set to take effect no later than 2016.

Here's a breakdown of Heartland state's compliance:

  • Missouri: non-compliant, granted extension
  • Illinois: fully compliant
  • Tennessee: fully compliant
  • Kentucky: non-compliant

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