Kentucky's Driver's Licenses Do Not Comply With Federal Law. This Is Just Plain Hilarious!
Ky. licenses may not comply with US rules
Tighter security requirements for driver's licenses could keep Kentucky residents from federal facilities.
REAL ID Act requires uniform standards for state driver's licenses across the country.
Kentucky is among several states that fail to comply, which will make it more difficult to get into federal buildings and get on an airplane.
Federal officials are either unwilling or unable to identify which federal facilities in Kentucky, if any, will require passports for entry.
When Alex DeSha was making arrangements for about 50 Kentuckians to attend an Environmental Protection Agency public hearing in Atlanta later this month, he found out their driver's licenses wouldn't be accepted as identification.
New security provisions that take effect July 21 will require that people with driver's licenses from Kentucky and nine other states show a passport or some other kind of federal identification, such as a military ID, the EPA said.
And by 2016 the implications could spread well beyond EPA hearings as Kentucky driver's licenses risk falling out of compliance for boarding airplanes.
Kentucky officials have been working to tighten 39 procedures to satisfy the REAL ID Act of 2005, signed by President George W. Bush as a way to make it difficult for terrorists to obtain state-issued identification. Implementation of the act has been delayed several times and Kentucky is seeking an extension from the U.S. Department of Homeland Security until 2016 to comply.
One big issue, said Kentucky Transportation Cabinet spokeswoman Lisa Tolliver, is that unlike many states where driver's licenses are issued by a single state agency, Kentucky's licenses are handled by local Circuit Court clerk's offices at 145 locations, making it more difficult to standardize procedures.
As for DeSha and his fellow environmentalists, the EPA has since worked out an arrangement so passports won't be required and they'll be escorted into the meeting room by security personnel. But the agency continues to post access warnings on the EPA website.
"We have been working to get into compliance," Tolliver said. "We will have to be fully compliant by 2016."
Indiana's driver's license was cleared in 2012 by Homeland Security. Indiana started work complying with the law in 2009, adopting its own efforts, including implementing a centralized system for issuing permanent driver's licenses and identification.
Logistical challenge
The REAL ID Act was based on recommendations from the National Commission on Terrorist Attacks Upon the United States, also known as the 9/11 Commission. But some states complained that the requirements were too costly, and others objected because of privacy concerns.
Tolliver said state officials have been grappling with a list of requirements, including how information from documents like birth certificates and Social Security cards is collected and stored, the technical features and appearances of driver's licenses, and security standards at locations where driver's licenses are issued.
And with 145 Circuit Court clerk loctions issuing licenses, there's a major logistical undertaking to ensure each is using standardized equipment and procedures, she said.
"There were a lot of concerns that it would become a national identification card," said Chris Calabrese, legislative counsel for the American Civil Liberties Union, which opposed it.
He said the ACLU worried that too much personal information will be collected and shared among states and the federal government, and that information would not be adequately protected from security breaches.
"The idea was not immediately embraced by people in Kentucky or in other states," said Chuck Wolfe, spokesman for the Kentucky Transportation Cabinet.
Besides Kentucky, the other states that the federal government says have not adequately changed their licenses are Alaska, Arizona, Louisiana, Maine, Massachusetts, Missouri, New York, Oklahoma and Washington.
Max Bluestein, director of research at Keeping IDentities Safe, a Washington-based non-profit advocating for more secure licenses and IDs, said his group has been warning the states that unless they complied with the new rules, their residents would be facing problems.
"The regulations set forth in the REAL ID Act are all quite achievable and the federal government has made funds available to do so," he said in an e-mail. "It's largely been misconceptions and misinformation that has kept states behind, via their legislatures."
But Kentucky Transportation Cabinet officials said they were not aware of any political controversies or budget constraints had delayed the state's compliance.
"There's been no foot dragging," Wolfe said.
Wolfe said Kentucky may decide to centralize the process for people who want the federally compliant driver's license, while offering non-standardized licenses to those who do not. "You could have regional offices, or have the paperwork handled back here in Frankfort, and your license gets mailed to you," he said.
He said those decisions have not been made.
No help from DHS
KY_Adult_license.jpg
Sample of the new design for Kentucky’s driver’s licenses, unveiled in 2012. When Kentucky finishes complying with the REAL ID Act, license plates that meet the security rules will also feature a star. (Photo: Courtesy Kentucky Transportation Cabinet )
Originally, the compliance deadline was 2008, but it has been pushed back more than once. DHS now plans to enforce it in phases.
On July 21, according to the DHS website and the EPA, the tougher identification requirements go into effect for any "restricted areas" in "all federal facilities," and for nuclear power plants. In January, the rules will apply to "semi-restricted" areas of federal facilities, with the air travel mandate scheduled to go into effect "no sooner than 2016."
Exceptions will be made for certain types of federal facilities, including those involving "activities directly related to safety, health, life preserving services, law enforcement and constitutionally protected activities," according to the DHS website. The law is also not intended to interfere with applying for or receiving federal benefits.
Still, it was unclear just what specific facilities or buildings in Kentucky, if any, would reject the state's driver's licenses.
Homeland security officials did not respond to questions from The Courier-Journal, or from the staff of Rep. John Yarmuth, D-Louisville, about what buildings in Kentucky might reject the state's driver's license.
"We're trying to get DHS to explain the guidelines to us, and to explain where our office, and other federal facilities in our district stand, and what our constituents need to do to gain access to federal buildings," said Yarmuth spokesman Stephen George.
George said it appears that the downtown Romano Mazzoli Federal Building that houses the congressman's office and federal agencies including the Army Corps of Engineers and Internal Revenue Service might fall under the January deadline.
Robert Steurer, spokesman for Sen. Mitch McConnell, declined to provide any information beyond what DHS has posted on its website. But he said the senator's staff "reached out" to DHS on behalf of the newspaper.
Sen. Rand Paul's office was not aware of any problems with Kentucky's driver's licenses and access to federal facilities.
"As far as I know, we have not been advised of this policy or heard any comments about it," said Paul spokesman Daniel Bayens.
For their part, EPA officials said they would welcome Kentucky residents at the public hearing, the first of eight scheduled this summer on a proposal to regulate climate pollution from power plants.
"We will be having staff members available at the entrance to help escort folks to the conference room and to answer any questions that may come up," said Angela Hackel, one of the hearing's organizers.
Meanwhile, it's not just regular Kentucky citizens trying to exercise free speech rights who have been warned they may need passports, which cost $110 and are typically used for foreign travel, to get into federal buildings after July 21.
At least one high-ranking state government employee is getting caught in the tighter security web.
It's happening to R. Bruce Scott, commissioner for the Kentucky Department of Environmental Protection, an agency that enforces federal and state rules for air quality, water quality, and solid and hazardous waste.
Scott is on the executive committee of the Environmental Council of the States, an association of state and territorial environmental agency leaders, and the council has warned him that he will need a passport to attend a meeting at a federal building next month.
"Bottom line, I either need to get a passport to moot the issue," or Kentucky will need to come into compliance with the federal law, he said.
At a glance
July 21
Restricted areas for all federal facilities and nuclear power plants
Jan. 19, 2015
Semi-restricted areas, such as those available to the general public but subject to ID-based access control, at most federal federal facilities.
2016 or later
Boarding commercial airplanes.
Unless Kentucky reaches an agreement with the Department of Homeland Security, Kentucky driver's licenses may not be good for access to these kinds of facilities, after certain dates. A second form of ID, such as a passport, could be required.
Tighter security requirements for driver's licenses could keep Kentucky residents from federal facilities.
REAL ID Act requires uniform standards for state driver's licenses across the country.
Kentucky is among several states that fail to comply, which will make it more difficult to get into federal buildings and get on an airplane.
Federal officials are either unwilling or unable to identify which federal facilities in Kentucky, if any, will require passports for entry.
When Alex DeSha was making arrangements for about 50 Kentuckians to attend an Environmental Protection Agency public hearing in Atlanta later this month, he found out their driver's licenses wouldn't be accepted as identification.
New security provisions that take effect July 21 will require that people with driver's licenses from Kentucky and nine other states show a passport or some other kind of federal identification, such as a military ID, the EPA said.
And by 2016 the implications could spread well beyond EPA hearings as Kentucky driver's licenses risk falling out of compliance for boarding airplanes.
Kentucky officials have been working to tighten 39 procedures to satisfy the REAL ID Act of 2005, signed by President George W. Bush as a way to make it difficult for terrorists to obtain state-issued identification. Implementation of the act has been delayed several times and Kentucky is seeking an extension from the U.S. Department of Homeland Security until 2016 to comply.
One big issue, said Kentucky Transportation Cabinet spokeswoman Lisa Tolliver, is that unlike many states where driver's licenses are issued by a single state agency, Kentucky's licenses are handled by local Circuit Court clerk's offices at 145 locations, making it more difficult to standardize procedures.
As for DeSha and his fellow environmentalists, the EPA has since worked out an arrangement so passports won't be required and they'll be escorted into the meeting room by security personnel. But the agency continues to post access warnings on the EPA website.
"We have been working to get into compliance," Tolliver said. "We will have to be fully compliant by 2016."
Indiana's driver's license was cleared in 2012 by Homeland Security. Indiana started work complying with the law in 2009, adopting its own efforts, including implementing a centralized system for issuing permanent driver's licenses and identification.
Logistical challenge
The REAL ID Act was based on recommendations from the National Commission on Terrorist Attacks Upon the United States, also known as the 9/11 Commission. But some states complained that the requirements were too costly, and others objected because of privacy concerns.
Tolliver said state officials have been grappling with a list of requirements, including how information from documents like birth certificates and Social Security cards is collected and stored, the technical features and appearances of driver's licenses, and security standards at locations where driver's licenses are issued.
And with 145 Circuit Court clerk loctions issuing licenses, there's a major logistical undertaking to ensure each is using standardized equipment and procedures, she said.
"There were a lot of concerns that it would become a national identification card," said Chris Calabrese, legislative counsel for the American Civil Liberties Union, which opposed it.
He said the ACLU worried that too much personal information will be collected and shared among states and the federal government, and that information would not be adequately protected from security breaches.
"The idea was not immediately embraced by people in Kentucky or in other states," said Chuck Wolfe, spokesman for the Kentucky Transportation Cabinet.
Besides Kentucky, the other states that the federal government says have not adequately changed their licenses are Alaska, Arizona, Louisiana, Maine, Massachusetts, Missouri, New York, Oklahoma and Washington.
Max Bluestein, director of research at Keeping IDentities Safe, a Washington-based non-profit advocating for more secure licenses and IDs, said his group has been warning the states that unless they complied with the new rules, their residents would be facing problems.
"The regulations set forth in the REAL ID Act are all quite achievable and the federal government has made funds available to do so," he said in an e-mail. "It's largely been misconceptions and misinformation that has kept states behind, via their legislatures."
But Kentucky Transportation Cabinet officials said they were not aware of any political controversies or budget constraints had delayed the state's compliance.
"There's been no foot dragging," Wolfe said.
Wolfe said Kentucky may decide to centralize the process for people who want the federally compliant driver's license, while offering non-standardized licenses to those who do not. "You could have regional offices, or have the paperwork handled back here in Frankfort, and your license gets mailed to you," he said.
He said those decisions have not been made.
No help from DHS
KY_Adult_license.jpg
Sample of the new design for Kentucky’s driver’s licenses, unveiled in 2012. When Kentucky finishes complying with the REAL ID Act, license plates that meet the security rules will also feature a star. (Photo: Courtesy Kentucky Transportation Cabinet )
Originally, the compliance deadline was 2008, but it has been pushed back more than once. DHS now plans to enforce it in phases.
On July 21, according to the DHS website and the EPA, the tougher identification requirements go into effect for any "restricted areas" in "all federal facilities," and for nuclear power plants. In January, the rules will apply to "semi-restricted" areas of federal facilities, with the air travel mandate scheduled to go into effect "no sooner than 2016."
Exceptions will be made for certain types of federal facilities, including those involving "activities directly related to safety, health, life preserving services, law enforcement and constitutionally protected activities," according to the DHS website. The law is also not intended to interfere with applying for or receiving federal benefits.
Still, it was unclear just what specific facilities or buildings in Kentucky, if any, would reject the state's driver's licenses.
Homeland security officials did not respond to questions from The Courier-Journal, or from the staff of Rep. John Yarmuth, D-Louisville, about what buildings in Kentucky might reject the state's driver's license.
"We're trying to get DHS to explain the guidelines to us, and to explain where our office, and other federal facilities in our district stand, and what our constituents need to do to gain access to federal buildings," said Yarmuth spokesman Stephen George.
George said it appears that the downtown Romano Mazzoli Federal Building that houses the congressman's office and federal agencies including the Army Corps of Engineers and Internal Revenue Service might fall under the January deadline.
Robert Steurer, spokesman for Sen. Mitch McConnell, declined to provide any information beyond what DHS has posted on its website. But he said the senator's staff "reached out" to DHS on behalf of the newspaper.
Sen. Rand Paul's office was not aware of any problems with Kentucky's driver's licenses and access to federal facilities.
"As far as I know, we have not been advised of this policy or heard any comments about it," said Paul spokesman Daniel Bayens.
For their part, EPA officials said they would welcome Kentucky residents at the public hearing, the first of eight scheduled this summer on a proposal to regulate climate pollution from power plants.
"We will be having staff members available at the entrance to help escort folks to the conference room and to answer any questions that may come up," said Angela Hackel, one of the hearing's organizers.
Meanwhile, it's not just regular Kentucky citizens trying to exercise free speech rights who have been warned they may need passports, which cost $110 and are typically used for foreign travel, to get into federal buildings after July 21.
At least one high-ranking state government employee is getting caught in the tighter security web.
It's happening to R. Bruce Scott, commissioner for the Kentucky Department of Environmental Protection, an agency that enforces federal and state rules for air quality, water quality, and solid and hazardous waste.
Scott is on the executive committee of the Environmental Council of the States, an association of state and territorial environmental agency leaders, and the council has warned him that he will need a passport to attend a meeting at a federal building next month.
"Bottom line, I either need to get a passport to moot the issue," or Kentucky will need to come into compliance with the federal law, he said.
At a glance
July 21
Restricted areas for all federal facilities and nuclear power plants
Jan. 19, 2015
Semi-restricted areas, such as those available to the general public but subject to ID-based access control, at most federal federal facilities.
2016 or later
Boarding commercial airplanes.
Unless Kentucky reaches an agreement with the Department of Homeland Security, Kentucky driver's licenses may not be good for access to these kinds of facilities, after certain dates. A second form of ID, such as a passport, could be required.
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