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derdy
04-04-2008, 01:12 AM
This bill passed committee by 8-0 and has 36 co-sponsors! Final vote is coming up soon. I'm circulating this to all the MO meetups.

Text of the bill:


SECOND REGULAR SESSION

HOUSE BILL NO. 1716

94TH GENERAL ASSEMBLY


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INTRODUCED BY REPRESENTATIVES GUEST (Sponsor), RUESTMAN, TILLEY, TALBOY, McGHEE, HARRIS (110), FUNDERBURK, YATES, DAVIS, DOUGHERTY, SCHIEFFER, BAKER (123), PORTWOOD, WHORTON, NIEVES, LOW (39), SMITH (150), MEINERS, LOWE (44), WALLACE, WILSON (119), SWINGER, DARROUGH, ONDER, WELLS, WETER, DUSENBERG, COOPER (155), RUCKER, OXFORD, BROWN (50), MEADOWS, SCHAD, DAUS, STREAM, BIVINS AND NANCE (Co-sponsors).

Read 1st time January 17, 2008 and copies ordered printed.

D. ADAM CRUMBLISS, Chief Clerk

4280L.02I


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AN ACT

To amend chapter 302, RSMo, by adding thereto one new section relating to noncompliance with the federal REAL ID Act of 2005.


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Be it enacted by the General Assembly of the state of Missouri, as follows:



Section A. Chapter 302, RSMo, is amended by adding thereto one new section, to be known as section 302.183, to read as follows:

302.183. 1. Notwithstanding any provision of this chapter that requires an applicant to provide reasonable proof of residence for renewal of a noncommercial driver's license, noncommercial instruction permit, or a nondriver's license, an applicant shall not have his or her privacy rights violated in order to obtain or renew a Missouri driver's license.

2. Any data derived from a person's application shall not be sold for commercial purposes to any other organization or any other state without the express permission of the applicant without a court order; except such information may be shared with a law enforcement agency, judge, prosecuting attorney, or officer of the court, or with another state for the limited purposes set out in section 302.600 or for conducting driver history checks in compliance with the Motor Carrier Safety Improvement Act, 49 U.S.C. 31309. The state of Missouri shall protect the privacy of its citizens when handling any written, digital, or electronic data, and shall not participate in any standardized identification system using driver's and nondriver's license records.

3. 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, any rules or regulations promulgated under the authority granted in such act, or any requirements adopted by the American Association of Motor Vehicle Administrators for furtherance of the act.

4. The department of revenue shall not expand the motor vehicle records data it shares with other states, the federal government, or other agencies, or provide motor vehicle records data to any additional states, or state or federal agencies, unless authorized by statute.

5. No department or agency of the state charged with motor vehicle registration or operation, the issuance or renewal of driver's licenses, or the issuance or renewal of any identification cards shall collect, obtain, or retain any data in connection with activities related to compliance with the federal Real ID Act of 2005.

6. Any biometric data previously collected, obtained, or retained in connection with motor vehicle registration or operation, the issuance or renewal of driver's licenses, or the issuance or renewal of any identification cards by any department or agency of the state charged with those activities shall be retrieved and deleted from all databases. The provisions of this subsection shall not apply to any data collected, obtained, or retained for a purpose other than compliance with the federal Real ID Act of 2005. For purposes of this section, "biometric data" includes, but is not limited to:

(1) Facial feature pattern characteristics;

(2) Voice data used for comparing live speech with a previously created speech model of a person's voice;

(3) Iris recognition data containing color or texture patterns or codes;

(4) Retinal scans, reading through the pupil to measure blood vessels lining the retina.

7. No citizen of this state shall have his or her privacy compromised by the state or agents of the state. The state shall within reason protect the sovereignty of the citizens the state is entrusted to protect.




http://www.house.mo.gov/billtracking/bills081/bills/hb1716.htm

Jim Guest is awesome!

Kludge
04-04-2008, 01:18 AM
It's too bad Lincoln killed States' rights to secede... Montana has some fine politicians, and even finer citizens. (When I next visit the store, I'll be sure to buy water bottled in Montana >.>)


Good luck, you lot.

leonster
04-04-2008, 03:50 AM
It's too bad Lincoln killed States' rights to secede... Montana has some fine politicians, and even finer citizens. (When I next visit the store, I'll be sure to buy water bottled in Montana >.>)


Good luck, you lot.

If I'm not mistaken... MO = Missouri. MT = Montana? So this is Missouri here... :P

freedom-maniac
04-04-2008, 05:44 AM
If I'm not mistaken... MO = Missouri. MT = Montana? So this is Missouri here... :P

Correct. And MI is Michigan not Mississippi.

Anyways, Amazing! I think as soon as one state kills the REAL ID, others will be soon to follow.

porcupine
04-04-2008, 12:03 PM
The way I read this bill, this doesn't get MO out of the Real ID program but just says you can't violtae someone's privacy rights to get a license. It's pretty vague and doesn't say what that means. It is better than nothing I guess.

Glad New Hampshire opted out of Real ID already

Kludge
04-04-2008, 01:20 PM
*sighs* well... It was 3 AM... I couldn't sleep.

derdy
04-04-2008, 04:30 PM
The way I read this bill, this doesn't get MI out of the Real ID program but just says you can't violtae someone's privacy rights to get a license. It's pretty vague and doesn't say what that means. It is better than nothing I guess.

Glad New Hampshire opted out of Real ID already

It's MO by the way MI is Michigan.

What's vague about it?


3. 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, any rules or regulations promulgated under the authority granted in such act, or any requirements adopted by the American Association of Motor Vehicle Administrators for furtherance of the act.

5. No department or agency of the state charged with motor vehicle registration or operation, the issuance or renewal of driver's licenses, or the issuance or renewal of any identification cards shall collect, obtain, or retain any data in connection with activities related to compliance with the federal Real ID Act of 2005.



Everything in the bill is non-compliance with REAL ID and further protects the privacy rights of the citizens of MO.

The REAL ID is supposed to have all kinds of private data on it (biometric and otherwise) and is only limited to what information is contained therein by the DHS.

This bill kicks ass.

Gadsden Flag
04-04-2008, 04:47 PM
People around here are pretty old school. It's not surprising that this passed.

beachmaster
04-04-2008, 05:03 PM
It's too bad Lincoln killed States' rights to secede...

Not so.. not unless he also killed the 10th amendment. People only think state's rights was killed. We are what we think (I think).

Think about it.

porcupine
04-04-2008, 05:16 PM
What's vague about it?


"Can't violate privacy" is very vague because the state will always say they are protecting privacy.

A much better law would be getting rid of the Real ID completely, but it's better than nothing.

freedom-maniac
04-04-2008, 06:14 PM
Does anyone know how many states have tried something like this so far?

corsairtro
04-04-2008, 07:03 PM
S. 449
(A70, R114, S449)

AN ACT TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-85 SO AS TO PROVIDE THAT THE STATE SHALL NOT PARTICIPATE IN THE IMPLEMENTATION OF THE FEDERAL REAL ID ACT.

Be it enacted by the General Assembly of the State of South Carolina:

Nonparticipation

SECTION 1. Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-85. The State shall not participate in the implementation of the federal REAL ID Act."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Ratified the 8th day of June, 2007.

Approved the 13th day of June, 2007.

derdy
04-04-2008, 07:15 PM
"Can't violate privacy" is very vague because the state will always say they are protecting privacy.

A much better law would be getting rid of the Real ID completely, but it's better than nothing.

As for "privacy rights" part, I agree that before this bill becomes law they will need to add a "definitions" section to the bill as to define "privacy rights" and other objects in the bill.

A much better law for MO? This bill will prevent REAL ID from being enacted completely. It can't get any better than that at the State level.

derdy
04-04-2008, 07:19 PM
http://legislatorsagainstrealid.com/statestatus.php


Status of Anti-Real ID Legislation in the States
Status of Anti-Real ID Legislation in the States
Following is a list of states where legislation against Real ID is
currently active, with links to the relevant legislation and, where
available, its status. More information about Real ID in each state is
available by clicking on the state name. This list will be constantly
changing as more states act, and it will be updated as quickly as
possible. View the video short, "Real ID: A Real Nightmare," here.

Alaska
HJR 19, relating to opposition to the Real ID Act of 2005.
Arizona
SM 1003, urging the Congress to correct the unfunded mandate of the Real
ID Act of 2005. (Passed Senate 29-0 on 2/19/07)

SB 1152, prohibits the state of Arizona from implementing Real ID. (Passed
Senate 23-5 on 3/8/07; Passed House Committee unanimously 3/26/07).
Arkansas
SCR 16 requests that the Arkansas Congressional Delegation support the
repeal of the Real ID Act. (Enacted 3/28/07)

SCR 22, urges congress to add critical privacy and civil liberty
safeguards to the Real ID Act of 2005 and to fully fund or suspend
implementation of the Real ID Act. (Enacted 3/28/07)

HB 2528, an act to opt out of the federal Real ID Act of 2005.
Colorado
HJR 07-1047, a resolution in opposition to the Real ID Act. (Enacted 5/4/07)
Georgia
SB 5, authorizing the governor of Georgia to delay compliance with the
Real ID Act of 2005. (Enacted 5/11/07).
Hawaii
SCR 28, supporting United States Senate Bill 4117 to repeal Title II of
the Real ID Act of 2005.
Check the bill's status.
SCR 29, supporting repeal of the Real ID Act of 2005.
Check the bill's status.
SCR 31, opposing the creation of a national identity card and the
implementation of the Real ID Act of 2005. (Adopted 4/25/07)
Idaho
HJM 3, resolves that Idaho will not comply with the Real ID Act. (Enacted
on 3/8/07).
Illinois
HJR 27, opposes any portion of the Real ID Act that violates the rights
and liberties guaranteed under the Illinois and US Constitutions and urges
Congress to repeal Real ID (Adopted 5/22/07).

Kentucky
HCR 122, urges Congress to repeal the creation of a national ID card and
the Real ID Act of 2005. (Passed out of committee 2/20/07).

SCR 111, a concurrent resolution urging Congress to repeal the creation of
a national ID card.
Louisiana
HCR 20, memorializes Congress to repeal the Real ID Act. (Adopted by House
5/21/07; Passed Senate committee 5/31/07)

Maine
SP 113, Maine's resolution against the Real ID Act of 2005 (Enacted 1/25/07).

LD 1138, an act to prohibit Maine from participating in a national
identification system. (Passed by the Legislature 6/5/07)
Maryland
SJ 5, protesting the implementation of the federal Real ID Act of 2005;
requesting the United States Congress to repeal the Real ID Act of 2005.

Massachusetts
SB 2138, memorializing the Congress on the Real ID Act.
Michigan
SR 62, a resolution to memorialize the Congress to reject the Real ID Act
of 2005 and to express the intention of the Michigan Legislature regarding
this Act.
Minnesota
HF 1438 prohibits public safety commissioner from complying with the Real
ID Act.

SF 0984 Real ID Act compliance prohibition. (Passed Senate 4/18/07)
Missouri
HCR 20, relating to a prohibition on the implementation of the federal
Real ID Act. (Adopted 5/17/07)

HB 868, prohibits the state from participating in any national ID system
that uses driving records.

SCR 11 prohibits the state from participating in the implementation of the
Real ID Act. (Passed committee 2/28/07)
Montana
HB 287, opposing implementation of Real ID in Montana (Enacted 4/17/07).
Nebraska
LR 28 opposes the enactment of the Real ID Act in Nebraska and urges
Congress to repeal. (Adopted 5/30/07)
Nevada
AJR 6, urges Congress to repeal the Real ID Act of 2005. (Adopted 5/14/07)
SJR 5, Nevada Senate version of AJR 6, urging Congress to repeal the Real
ID Act of 2005.
New Hampshire
HB 685, prohibits the state from participating in a national
identification system. (Enacted 6/27/07)
New Mexico
House Joint Memorial 13, calling for repeal of Real ID (Passed House of
Representatives 2/1/07).
Senate Joint Memorial 11 (PDF), opposing the creation of a national
identity card and the implementation of Real ID.
New York
Assembly Bill K 648, urging the NYS Congressional delegation to support
measures to repeal the Real ID Act of 2005.
Senate Bill J 2096, urging the NYS Congressional delegation to support
measures to repeal the Real ID Act of 2005.
North Dakota
SCR4040, urges the United States Congress to repeal the Real ID Act of
2005. (Adopted 4/20/07)
Ohio
HCR 18, urges the President and the Congress to repeal the Real ID Act.
Oklahoma
SB 464, opposing the implementation of Real ID in Oklahoma. (Enacted
5/23/07).
HCR 1019, memorializing Congress to repeal the Real ID Act of 2005.
(Passed House 3/13/07)
Oregon
SB 424 (as amended) prohibits the state from complying with the Real ID
Act without federal funds, guarantees of data security and privacy
safeguards; also requires applicants for OR licenses to prove lawful
presence. (Passed Senate 5/15/07)

HJM 11 urges congress to provide funding, guarantees of data security and
privacy safeguards. (Passed House 5/15/07)
Pennsylvania
HB 1351, relating to the compliance with the federal Real ID Act.

HR 296, opposing implementation of the costly federal standards imposed
under the Real ID Act of 2005. (Adopted 6/19/07).

SR 126, memorializing the Congress of the United States to repeal or delay
the creation of a national identification card and the implementation of
the Real ID Act of 2005. (Adopted by Senate, 6/27/07)

HR 100, a resolution memorializing the Congress of the United States to
repeal or delay the creation of a national identification card and the
implementation of the Real ID Act of 2005.

HR 101, urging the United States Secretary of Homeland Security to provide
the assistance needed for implementation of the Real ID Act of 2005 and
urging the Congress of the United States to provide the funding needed for
implementation of the act.
Rhode Island
H 5474, a Joint Resolution opposing the implementation of Real ID.

S 865, opposing implementation of Real ID.
South Carolina
S 449, provides that the state will not participate in the Real ID
program. (Enacted 6/13/07)
H 3989, memorializing Congress to repeal or decline implementation of the
Real ID Act. (Adopted 5/31/07)

Tennessee
SJR 248, opposes implementation of Real ID. (Adopted 6/11/07)
SJR 333, urges repeal of the Real ID Act and states Tennessee's position
of non-compliance.
Texas
HCR 148, refusing to implement the federal Real ID Act of 2005.
SCR 40, opposing the federal REAL ID Act of 2005 as an unfunded mandate.
Utah
House Resolution 2 calls on the US Congress to repeal the Real ID Act.
(Passed the Utah House 66-0 with 9 members absent 2-16-07)
Vermont
Joint House Resolution 2, opposing implementation of the Real ID Act of
2005 in Vermont. (Passed House of Representatives 2/8/07)
Joint Senate Resolution 15, urges congress to appropriate funds for state
implementation and adopt the changes to the REAL ID Act.
Washington
SB 5087 (PDF), opposing the implementation of the Real ID Act of 2005 in
Washington State. (Enacted 4/18/07)

SJM 8005 (PDF), calling for the federal government to repeal the Real ID
Act of 2005.
Check the bill's status.
Washington DC
DC City Council Resolution supporting repeal of the Real ID Act. PDF >
West Virginia
SCR 38, urging the President of the United States and Congress to repeal
the Real ID Act of 2005. (Adopted by Senate 2/15/07)

HB 3219 and SB 685, provide that West Virginia will not participate in the
Real ID program.
Wisconsin
State Representatives Louis J. Molepske, Jr. (D-Stevens Point) and Jeff
Wood (RChippewa Falls) introduced legislation on 6-7-07 calling for
privacy safeguards and federal funding before compliance with Real ID.
Wyoming
House Joint Resolution 8, requesting Congress to repeal the creation of a
national identification card and implementation of the Real ID Act of
2005. (Passed House of Representatives 2/5/07)

derdy
04-04-2008, 07:23 PM
Looks like Jim Guest already introduced legislation last year to not participate in the REAL ID in MO and it passed the House and Senate

http://www.house.mo.gov/billtracking/bills071/bills/hcr20.htm

RSLudlum
04-04-2008, 08:03 PM
nice!!!

have you checked out our SC Governor Mark Sanford's letter to DHS? Pretty much knocks the Real ID in the dirt!!

http://governor.sc.gov/NR/rdonlyres/8EA29AE1-B84F-443E-B54A-3626FE5DEF57/0/Letterf033108RealIDletterDHS.PDF

porcupine
04-05-2008, 05:35 PM
This bill will prevent REAL ID from being enacted completely. It can't get any better than that at the State level.

You can get much better than that at the state level. New Hampshire's law outlaws the implementation of Real ID in whole or in part and also outlaws participation in any future national ID card.

porcupine
04-05-2008, 05:38 PM
Looks like Jim Guest already introduced legislation last year to not participate in the REAL ID in MO and it passed the House and Senate

http://www.house.mo.gov/billtracking/bills071/bills/hcr20.htm

That was just a non-binding resolution. It's only value is symbolic unfortunately.

Carole
04-05-2008, 08:11 PM
Yes indeedy, this is yet another Federal change that was made some years back to benefit the Post office I think.

So much easier for real people to understand the old way when states were designated by more than two letters.

AL---duh, it is Alabama, but also looks like Alaska, which is AK.
MO-- well, it looks like Montana, but is actually Missouri.
MI-- is Michigan, but could be Mississippi which I think is MS. What the hell?
And so on...

See how easy our government makes life. :eek:

Carole
04-05-2008, 08:16 PM
The way I read this bill, this doesn't get MO out of the Real ID program but just says you can't violtae someone's privacy rights to get a license. It's pretty vague and doesn't say what that means. It is better than nothing I guess.

Glad New Hampshire opted out of Real ID already

Does this mean they will be closing the airports in New Hampshire? Since people will be banned from flying :D

Will they close the Federal buildings, too? People cannot enter Federal building without RFID.

At some point people without RFID cannot buy and sell. That is going to present a real problem. They will have to steal their food and supplies I guess.

Oh, well, the way the economy is going no one will be able to afford to buy anything anyway. :)

Kludge
04-06-2008, 12:20 AM
Not so.. not unless he also killed the 10th amendment. People only think state's rights was killed. We are what we think (I think).

Think about it.

Well... I mean, he and his Whig friends fought a war and killed the modern-day equivalent of 5 million Americans over States' rights to secede, pitting the nation against itself and it's own constitution...

And he won, so.... State's are now just an extension of the Federal Gov't. I'd like to see "Dubya" respect a state's wish to secede (but I won't... because it will NEVER happen).

wOOt'Merica.

beachmaster
04-07-2008, 04:01 PM
Well... I mean, he and his Whig friends fought a war and killed the modern-day equivalent of 5 million Americans over States' rights to secede, pitting the nation against itself and it's own constitution...

And he won, so.... State's are now just an extension of the Federal Gov't. I'd like to see "Dubya" respect a state's wish to secede (but I won't... because it will NEVER happen).

wOOt'Merica.

Understood and agreed.

Still, it'd be nice to see several states assert their former rights as though they were still in effect per the constitution, and tell the federalis to f-off.

porcupine
04-07-2008, 07:10 PM
Does this mean they will be closing the airports in New Hampshire? Since people will be banned from flying :D


Um, :rolleyes: first, you can get a passport and it will work just fine. Second, no one will be banned from flying. You'll just have to go through a patdown to get on a flight.

As long as the states like New Hampshire stand up to the feds, I think the feds will keep blinking. In the meantime, all the rest of the people who were content to accept Real ID will get what they deserve.





At some point people without RFID cannot buy and sell. That is going to present a real problem. They will have to steal their food and supplies I guess.

Oh, well, the way the economy is going no one will be able to afford to buy anything anyway. :)

So what are you going to do about it besides complain?