Governor OKs emergency regulation on drivers licenses

By Cy Ryan (contact)

Monday, Nov. 30, 2009 | 2:32 p.m.

CARSON CITY – Gov. Jim Gibbons has approved a 120-day emergency regulation to comply with a federal law requiring states make progress toward implementing stricter identification requirements.

The action by the governor conflicts with a legislative committee, which refused last week to approve regulations drafted by the state Department of Motor Vehicles.

The emergency regulation approved by the governor will “not impact the man on the street,” said Tom Jacobs, public information officer for the department. “The average motorist will not notice anything.”

Congress enacted the Real ID Act, a sweeping law pushing states to toughen identification requirements and requiring states to gather additional proof of citizenship for driver’s licenses. If unmet, the requirements could force tens of thousands of airline passengers through secondary screening at airports.

Many states cannot comply with a Jan. 1 deadline to show progress toward meeting the law’s requirements. A bill in Congress would repeal the law, but is in a log jam as Congress debates the health care bill.

Nevada is enacting the emergency regulation to bring the state temporarily in compliance with the federal law.

The Legislative Committee to Review Regulations declined last week to approve the DMV’s proposed regulation. Legislative committee members told the department the governor should draft an emergency regulation to comply with the federal law

Department Director Edgar Roberts told the legislative committee that the federal government would not accept a temporary regulation as proof the state is moving forward in implementing the federal law.

But Jacobs said Monday that the federal government will accept an emergency regulation if it is drafted correctly to show the state is making progress to comply with the law.

In the meantime, Congress will have a chance to repeal the first law or grant extensions for the states to comply.

Daniel Burns, communications for the governor, said Gibbons believes the state will be in compliance with the federal law with passage of the emergency regulation. “Unlike the Legislature, the governor’s office is taking action,” he said.

The DMV has drafted a regulation that establishes two sets of licenses. There will be the standard license that is now issued and there will be an advanced security license to permit easy boarding of planes, admission to both federal buildings that now require identification and nuclear facilities.

To qualify for an advanced driver’s license, a person must show a valid, unexpired U.S. passport, a certified copy of a birth certificate by a state or local public health office or documents from the U.S. Department of Homeland Security or the Department of State.

The states, under the present federal law, must show they are making progress to comply with the 18 standards in the federal law. The department said its regulation would permit residents with their standard licenses to board planes until 2018 without problems.