Thread: Support H.R.220 - Common Sense About Identity Theft & RE

The REAL ID Rebellion: Whither the National ID Law?

POLICY FORUM
Wednesday, May 7, 2008
12:00 PM (Luncheon to Follow)

Featuring Mark Sanford, Republican Governor of South Carolina and Jon Tester, Democratic U.S. Senator from Montana. Moderated by Jim Harper, Cato Institute.

The Cato Institute
1000 Massachusetts Avenue, NW
Washington, DC 20001
• Text of Sen. Tester’s presentation (PDF, 24 KB)

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http://www.catomedia.org/archive-2008/cpfa-05-07-08.mp3

On May 11, 2008, the statutory deadline for compliance with the REAL ID Act will pass without a single state meeting its requirements. Indeed, more than 17 states have passed legislation objecting to or outright refusing to implement this national ID law. Earlier this year, the Department of Homeland Security handed out extensions of the compliance deadline just for the asking, but state leaders from across the ideological spectrum refused even this small gesture of acquiescence. A REAL ID rebellion is underway, and it has ushered in a debate on whether the United States should have a national ID system. The debate didn’t happen when the law passed because Congress held no hearings, and there was no up-or-down vote on REAL ID in the Senate. Votes this year on REAL ID funding, or perhaps repeal of the national ID law, will reveal where Members of Congress stand on the question whether law-abiding American citizens should be practically or legally required to carry a national ID. Please join us to hear two prominent leaders present their distinct perspectives on REAL ID, identification policy, national and individual security, identity fraud, and privacy.

http://www.cato.org/event.php?eventid=4736

Petitions Filed to Overturn Real ID Compliance
Written by Victoria Wallack
Thursday, May 08, 2008

AUGUSTA — Two applications for people’s veto petitions have been filed to overturn the law passed last month that puts Maine on the path to compliance with the federal REAL ID Act — a law opponents say violates people’s civil liberties.

The law, which passed the Legislature after hours of debate that stretched over days, requires the state’s Bureau of Motor Vehicles (BMV) to check and see if a driver’s license applicant is in the country legally. It also requires the secretary of state’s office, which oversees the BMV, to develop a cost-effective way, such as facial recognition or fingerprint technology, to ensure an applicant does not have more than one driver’s license or non-driver identification card.

Governor John Baldacci put in the legislation under pressure from the Department of Homeland Security, which threatened that Mainers would no longer be able to use their driver’s licenses to board planes or enter federal buildings if the state didn’t tighten up its licensing process. It finally passed 19-15 in the Senate and 79-58 in the House.

Kathleen McGee, an activist from Bowdoinham, and Donna Bendiksen, a Republican House candidate from Portland, both filed veto applications to overturn the law entirely.

McGee said Tuesday she and Bendiksen plan to work together.

“This is about people’s right to privacy and the ability to live in a democracy without the infringement of the federal government overseeing their every move,â€

Lake County Candidates talk Hwy. 35, Real ID at forum
Posted: Thursday, May 08, 2008 - 10:47:44 am PDT


Photo by Ali Bronsdon -- Finley Point resident Richard Schulz speaks with Democratic candidate for Lake County commissioner Jeanne Windham Thursday night.

By Ali Bronsdon / Leader Staff
FINLEY POINT- Candidates for county and state offices met at the Finley Point Montechato Club Thursday night for the second of nine scheduled candidate forums. Candidates for Montana legislature, county commissioner, district court judge and clerk of district court were invited. About 30 Lake County residents attended for the opportunity to submit questions on index cards, which moderator Gehrand Bechard read to the candidates. Topics included Montana Hwy 35, the Real ID Act and improvements to Finley Point Road.

Lake County Sheriff Lucky Larson also spoke to the audience about a mil levy the department hopes to pass in June.

Hwy. 35

*
One audience member asked the candidates to share their views regarding making Hwy. 35 a national scenic byway.

Democratic candidate for county commissioner and Finley Point resident Jeanne Windham referred to the recent fuel spill as an "opportunity."

"What just happened here is very serious," she said. "We're lucky lives weren't lost. I think what we're going to be able to do is remove the pups. It's going to be a big fight-the transportation industry is huge. I am really sorry about what happened to the people at the five-mile mark, but I've been waiting 17 years and this is an opportunity."

Edd Blackler, Democratic candidate for House District 9, said, "I will promise to carry any kind of activity in the legislature that is reasonable to solve this problem once and for all." Blackler agreed it would not be an easy battle, but thinks there can be restrictions on the type of product and truck lengths permitted on the road. "They're going to argue, 'We pay taxes; we can be on this road.' But this road is not built to carry this kind of traffic," Blackler said. "That is way up on my list of priorities."

Republican candidate for county commissioner Ron Boyce said, "I will fight to get all hazardous materials off that road." Boyce defined hazardous materials as anything that meets Federal HazMat requirements.

Bill Barron, Republican candidate for county commissioner, pointed out some of the many problems associated with restricting traffic to Hwy 35. "There are a lot of issues around this," he said. "I think that you can restrict the size of the trucks, you can restrict the loads, but you have to be able to get propane up this road. People are building houses and you've got to get materials there. Another consequence of this is all those trucks are now going to go through Polson. One of their huge concerns right now is that that bridge was not built to hold standing traffic. There will be standing traffic on that bridge for long periods of time." Barron also mentioned the possibility of building a bypass around Polson. "Half the people want it, others don't."

Mark Nelson, Democratic candidate for House District 15 who runs the solid waste program for Lake County, said HazMat and size restrictions on Hwy 35 would be problematic for solid waste management as well. "We wouldn't be able to get our trucks up there," he said.

Real ID Act

Candidates for House District 15 were asked to give their position on the Real ID.

Nelson said he is opposed to it. "I've been opposed to it all along," he said. "Maybe when you're born they can insert a little radio chip [into you] like they do the bison."

Democratic candidate James Steele said he agreed with Montana Governor Brian Schweitzer. "I am opposed to that," he said. "Our requirements for our driver's licenses and state IDs are more stringent than what the feds have. I think our IDs should be official and we shouldn't be infringed upon by the federal government."

Frosty Calf Boss Ribs said the Real ID is a problem for the tribal community that reaches across the border and into Canada.

Finley Point Road

An anonymous homeowner on Finley Point asked candidates for serious help with the road leading out to Finley Point. He said the road is littered with potholes and in desperate need of repair, but residents have already paid so much.

Windham agreed with that analysis. "When that road was put in, it was paid for by our money with the understanding that the county would maintain it," she said. "The complete circle of Finley Point is eight miles and there is a state park out there. One of the things that we could do is explore the idea of getting some state funding- make it a safety issue."

Barron proposed a way to fix the roads and eliminate, or at least decrease the amount of outstanding warrants in Lake County. "Let's get the chain gangs going," he said. "I'd like to take all our non-violent offenders out there. We can't make them do this, but we have to give them some sort of incentive. They'd jump at the idea because most of them don't like being in there. They'd rather be out in the sunshine doing something."

http://leaderadvertiser.com/articles/20 ... news02.txt

May 9
Panel gets earful on feds’ ID law
Driver’s license rules for states criticized

ANDREW M. SEDER aseder@timesleader.com

SCRANTON – A controversial federal law requiring states to change the way they issue driver’s licenses was the center of attention at Thursday’s contentious state House committee public hearing.

More than 40 people, including some Amish from Lancaster County, attended the Intergovernmental Affairs Committee hearing regarding the Real ID Act that Congress passed and the president approved in 2005. It came about as part of the 9/11 Commission Report that recommended federal standards for state-issued driver’s licenses as a safety measure against terrorism.

The three of the 29 committee members who showed up said they wanted feedback about the law. When they left three hours later, they were far from disappointed.

No one from the public spoke in favor of the law, and those who spoke urged representatives to reject the law or Congress to repeal it. The law orders states to meet a national standard for driver’s licenses, including verifying birth certificates, Social Security numbers or passports presented as identification to obtain licenses.

States must link their record-keeping systems together – a requirement that has drawn the most ire from critics.

George Dietrich of Newport Township said hackers can get into any system and called a central database for all states an identity thief’s dream.

“You don’t put all your eggs in one basket, and that’s what this is doing,â€

Were points just swiped from Rep. Hortman?
Posted at 3:01 PM on May 13, 2008 by Michael Marchio (0 Comments)

While the governor meets with House leaders, the Senate has been keeping busy, and passed yet another bill sure to stick in the governor's craw. HF3807, originally Rep. Melissa Hortman's whistleblower protection bill, had its language swapped in the Senate Finance Committee from this in the original bill:

(f) an employee in the executive branch of state government communicates information that the employee, in good faith, believes to be truthful and accurate, and that relates to improving services provided by the executive branch, to: (1) a legislator or an employee in the legislative branch; or (2) an elected official in the executive branch.

To this:

Section 1. NONCOMPLIANCE WITH REAL ID ACT. The commissioner of public safety is prohibited from taking any action to implement or to plan for the implementation by this state of those sections of Public Law 109-13 known as the Real ID Act. EFFECTIVE DATE.This section is effective the day following final enactment.

Somebody call Wesley Snipes, there's been a hijacking!

Actually, Rep. Hortman was nice enough to let the file number from her whistleblower protection bill be used in the Senate as a vehicle for the Real ID prohibition. She's taking a hit in points for this, because there's few things you can be more sure about than Gov. Pawlenty vetoing a stand-alone bill rejecting the federal Real ID program, and she may have had a cool 50 coming her way if the governor signed her whistleblower bill.

So what is this Real ID the Commish speaks of? It was, according to the testimony of many senators on the floor today, inserted as a rider to a bigger bill in the United States House of Representatives at midnight, with no discussion. It would require states to create a new drivers license (again?) that complies with federal security regulations. Sen. Warren Limmer (R-Maple Grove) said that it would cost between $60 and $90 million, and the feds haven't provided the funding to do it.

The pro-Real ID argument was that it would help deal with the illegal immigration problem, and guarantee people are who they say they are when they enter the country.

The vote passed on a 50-16 vote, enough for a veto-override, but the House hasn't passed a version yet.

Fun (well, maybe not fun, but odd) Fact: we've had two omnibus transportation policy bills go through the Legislature this year. The first one HF1351, included a Real ID prohibition, and the governor vetoed it when it hit his desk in April. The second one, HF3800, includes the seat belt primary offense provision and the parental driving rules. This one's was sent back to conference committee after the report was rejected last week on the House floor.

As for Rep. Hortman's whistleblower bill, it's found a home in SF3363, a bill that would require state agencies to share more budget information earlier with the Legislature, instead of giving the governor a head start as current rules have it. There's no way to give points for when one bill is rolled into a bigger one, but whistleblowers across the state will know who to thank for protection if this makes it into law.

Majority Leader Pogemiller said that the Senate will be in recess until after 6:00 p.m. tonight, but look for more action tonight.

http://minnesota.publicradio.org/collec ... om_r.shtml

Minnesota Senate Says No to Real ID
ST. PAUL (AP) -- By a veto-proof margin, the Minnesota Senate has approved a bill that would bar state driver's license authorities from implementing the federal Real ID regulations.

The proposed prohibition faces a tough road though. Governor Tim Pawlenty vetoed an earlier attempt to require conditions be met for the state to change licenses to meet federal rules.

The Senate's vote was 50-16. The bill now heads to the House for consideration.

Many states have resisted the Real ID mandate. Eventually, it will require that every citizen carry a U.S. government-approved card to board a plane or enter a federal facility.

Critics say it will be costly to implement and that too much of people's personal information will be added to a national database.

Supporters argue that a more secure identification card will help in homeland security and immigration control efforts.

http://www.kttc.com/News/index.php?ID=24727

Minn. House, Senate both reject Real ID


ST. PAUL -- The House and Senate have approved a bill that would bar state driver's license authorities from implementing the federal Real ID regulations.

Governor Pawlenty vetoed an earlier attempt to require that conditions be met before the state could change licenses to meet federal rules. But both chambers passed the bill by veto-proof margins: 50-16 in the Senate and 103-30 in the House.

The Real ID mandate would require every citizen to carry a U.S. government-approved card to board a plane or enter a federal facility.

Critics say it will be costly to implement and that too much of people's personal information will be added to a national database. Supporters argue that a more secure identification card will help in homeland security and immigration control efforts.


http://www.kare11.com/news/news_article ... yid=510802

Minn. House, Senate both reject Real ID
May 13 2008 10:04PM
Associated Press

PAUL (AP) The House and Senate have approved a bill that would bar state driver's license authorities from implementing the federal Real ID regulations.

Governor Pawlenty vetoed an earlier attempt to require that conditions be met before the state could change licenses to meet federal rules. But both chambers passed the bill by veto-proof margins: 50-16 in the Senate and 103-30 in the House.

The Real ID mandate would require every citizen to carry a U.S.

government-approved card to board a plane or enter a federal facility.

Critics say it will be costly to implement and that too much of people's personal information will be added to a national database.

Supporters argue that a more secure identification card will help in homeland security and immigration control efforts.

http://www.kxma.com/getArticle.asp?ArticleId=238066

Friday, May 16, 2008

Minnesota House, Senate pass bill barring compliance with Real ID Act
Andrew Gilmore at 1:21 PM ET

Photo source or description
[JURIST] The Minnesota House and Senate [official websites] passed a bill [HF3807 text] this week to bar the state from complying with the Real ID Act of 2005 [PDF text; JURIST news archive]. Opponents of the Act say that it would be too expensive to implement and could also infringe on citizens' privacy. The legislature's action comes as states grapple with the issue of compliance with a final rule [text; DHS backgrounder] establishing new minimum standards [press release; JURIST report] for state-issued identification cards promulgated by the US Department of Homeland Security (DHS) [official website] in January. AP has more. The Pioneer Press has local coverage.

Initially drafted after the Sept.11, 2001 attacks and designed to discourage illegal immigration, the REAL ID Act attempts to make it more difficult for terrorists to fraudulently obtain US driver's licenses and other government IDs by mandating that states require birth certificates or similar documentation and also consult national immigration databases before issuing IDs. After controversy and strenuous opposition from civil libertarians [FindLaw commentary], it finally passed in 2005 [JURIST report] as part of an emergency supplemental appropriations defense spending bill. State lawmakers had previously expressed concern [JURIST report] about possible problems expected to accompany the implementation of the REAL ID Act, fearing that they would not be able to comply with the law's requirements before the May 2008 deadline. In March 2007, Homeland Security responded to these concerns by extending the deadline for compliance by 18 months [JURIST report].

http://jurist.law.pitt.edu/paperchase/2 ... s-bill.php

Real ID Foes Join Forces To Try To Repeal Maine law

POSTED: 2:13 pm EDT May 16, 2008
UPDATED: 2:35 pm EDT May 16, 2008
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PORTLAND, Maine -- Two leaders of referendums aimed at challenging a state law that bolsters driver's license requirements to bring Maine closer to compliance with the federal Real ID law are kicking off a petition-gathering campaign.

Friday's appearance of Kathleen McGee of Bowdoinham and Donna Bendiksen of Portland along with others opposed to the state law showed a united front during a petition drive aimed at collecting 55,000 signatures by July 17th to put the proposal on the November ballot.

McGee said state lawmakers overwhelmingly barred the state from complying with Real ID but backed down because of what she called intimidation, abuse and tyrannical tactics by the Department of Homeland Security.

Critics describe Real ID as an unwanted invasion of privacy as well as an unfunded mandate. They said it would do little, if anything, to boost security.

http://www.wmtw.com/news/16297481/detail.html