Editor: Janine Hansen
Vol. 37 No. 3
REAL ID: REAL NIGHTMARE!
Beginning in March 2010 there have been five hearings on REAL ID, four hearings with the Department of Motor Vehicles and one hearing with the Legislative Commission. Twice the meetings have been cancelled. This is all born out of the DMV’s determination to get REAL ID implemented in Nevada no matter what and regardless of what the Legislature has done.
Governor Jim Gibbons declared an “emergency” in December 2009 requiring the implementation of REAL ID, which went into effect on Jan. 1, 2010. This allowed DMV to move forward with implementing REAL ID. Two days after the Governor declared REAL ID an emergency and before Jan. 1, 2010 effective date, the US Secretary of Homeland Security, Janet Napolitano, extended the compliance deadline to May 11. 2010. So…there was no emergency at all! Never-the-less the DMV has relentlessly pursued the implementation of REAL ID and Federal grants to implement it even though the Legislature has refused to pass REAL ID.
When the DMV testified before the Legislative Commission’s Subcommittee to Review Regulations on April 19, 2010, DMV told them it would cost $410,000 for DMV to “back out” of the computer system they have put in place to implement REAL ID. The $410,000 is being used as a hammer to force the Legislators into approving REAL ID. The real cost of implementing REAL ID is far greater as anyone who has been to the DMV lately would know, because wait times have doubled and tripled, which means more employees will be required. So far the Legislative Commission Subcommittee has been unwilling to approve DMV’s regulations.
I have analyzed the most recent set of DMV regulations which creates a dual drivers license system in Nevada with “standard” and ASI (Advanced Security Issuance or REAL ID) drivers’ licenses. DVM representative Debbie Wilson admitted to me when I questioned her at the April 20, 2010 hearing that those individuals who choose a non-REAL ID “standard” drivers license will have to have some other form federally acceptable ID like a passport or military ID in order to board a plane or enter a federal building. This will also impact your ability to access federal benefits such as Social Security, Veterans benefits, etc. because they will require federally acceptable ID. In other words, those who choose a standard drivers license become second class citizens. Enclosed is an analysis of the REAL ID and the dual license system.
Of considerable concern is the issue that those who choose a “standard” drivers license will be labeled “anti-government” by Homeland Security. See #2 under Reseach.
NEW RESEARCH
Exposes the “Big Brother” Agenda of DMV’s REAL ID Regulations
We want our Legislators to entirely prohibit the implementation of REAL ID in Nevada like the states of Arizona, Idaho, Louisiana, Minnesota, Missouri, Montana and Virginia have done.
If the Legislative Commission’s subcommittee to Review Regulations passes, the DMV’s regulations then REAL ID is adopted in Nevada. DMV’s latest regulations on REAL ID create a dual drivers license system in Nevada. You can choose a REAL ID drivers license or a standard drivers’ license. Section 70 of the regulations state that the DMV regulations will expire on June 30, 2011 unless enacted by the Legislature. So, let’s wait and let the whole Legislature decide. http://www.dmvnv.com/public_meetings/R111-09-April-27-2010.pdf
Nevada Families Eagle Forum Newsletter is published 12 times a year. The Subscription price is $25.00.
Adoption of DMV REAL ID Regulations dual drivers’ license proposal poses several huge problems:
1) Nevada will be adopting REAL ID and all requirements if these regulations are approved.
2) If DMV has not established 2 separate data bases then information on standard drivers’ licenses will be shared with the federal government and other states, even though they have chosen standard and not REAL ID compliant drivers’ licenses.
3) Federal Government and other states will have access to personal information on the Nevada DMV data base.
4) Nevada citizens’ PRIVACY will be jeopardized.
5) REAL ID violates our Constitutional right to privacy.
6) REAL ID violates the US Constitution’s 10th Amendment.
7) Privacy invading biometric information like retinal scans and facial recognition are part of REAL ID. Will people who get standard driver’ licenses in the DMV Regulations also be subject to these privacy invading techniques?
8) REAL ID is still expensive.
1) Nevada will be adopting REAL ID
This means, unlike states that have prohibited implementation of REAL ID, Nevada citizens will be subject to REAL ID’s requirements. The state will no longer stand between its citizens and the federal government. If they choose a standard drivers license they may loose their right to fly on a commercial plane, enter a federal building, open a bank account with a federally licensed bank, make application for federally supported public assistance benefit, including Social Security. Those who choose a standard drivers license may become essentially second class citizens.
2) Has DMV established a second data base to separate the information and individuals contained in REAL ID drivers’ licenses and standard drivers’ licenses? And protected that information from access by the federal government? If not, information from standard drivers’ license holders will be shared with Federal Government under REAL ID. Will standard drivers’ license holders then become targeted as “anti-government”? This is of considerable concern because the Dept. of Homeland Security Report on “Rightwing Extremism” April 7, 2009, identifies as potential “domestic terrorists” returning veterans, individuals and groups who oppose abortion, same-sex marriage, gun control legislation, free trade agreements, illegal immigration and believe in “end times” prophecies. According to the Report“…rightwing extremists believe that a ‘New World Order’ would bring about a world government that would usurp the sovereignty of the United States and its Constitution, thus infringing on liberty.” These groups are considered “anti-government” and potential “domestic terrorists”. This puts all standard drivers’ licenses holders at risk.
http://www.wnd.com/images/dhs-rightwing-extremism.pdf
3) Federal Government will have access to DMV’s Records
http://www.leg.state.nv.us/NRS/NRS-481.html#NRS481Sec063
DMV’s REAL ID Regs Section 11 sub 2) state that REAL ID records will “Not be accessible for use by the Federal Government or any other entity, agency organization or person except as otherwise provided in NRS 481.063.” NRS 481.063 Sec. 5 a) states that the DMV may release information for use, “By any governmental entity, including, but not limited to, any court or law enforcement agency, in carrying out its functions, or any person acting on behalf of a federal, state or local governmental agency in carrying out its functions. The personal information may include a photograph from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle.”
NRS.481.063 (Nevada Revised Statutes) does not prevent the federal government from obtaining DMV records if they are “carrying out its functions.”
Under REAL ID, the federal government would have easy access to an incredible amount of personal data stored in one national database (or, according to the final regulation for (Dept. Of Homeland Security, 56 State and Territory databases, each of which can access all the others through a “hub” based network.) The process for this “hub” has not even been determined yet. “DHS is currently working with American Association of Motor Vehicle Administrators AAMVA, DOT, the Social Security Administration, the Department of State, National Association of Public Health Statistics and Information Systems (NAPHSIS), and State representatives to define requirements for a messaging system to support the multiple data verification checks REAL ID requires. The backbone of the messaging system could be AAMVAnet, the network system AAMVA already operates to facilitate data verification for the State DMVs.” DHS, REAL ID Final Rule at 5291. http://edocket.access.gpo.gov/2008/08-140.htm
The Final Rules on REAL ID issued by the Department of Homeland Security are not final so we do not know what kind of a system for accessing drivers licenses they will have and, they do not address the real privacy concerns of citizens.
4) Nevada Citizens’ Privacy will be compromised. Oregon calls REAL ID an Identity theft gold mine.
Several states which have prohibited implementation of REAL ID have done so citing specific privacy concerns. Oregon’s SB536 states: “REAL ID Act of 2005 would expose all Oregonians to an unprecedented level of identity theft by requiring, for the first time, the Department of Transportation to store electronic copies of all birth certificates, Social Security numbers, and other private documents used to establish identity, which contain names, dates of birth, gender information, photographs, addresses and signatures, creating a digital repository gold mine for identity thieves…” Since this law was passed Oregon has unfortunately moved closer to implementing REAL ID, but the concerns remain.
DMV said their protection of personal privacy was in Section 11 which reads, ”Any information obtained by the Department during the application and issuance process of a driver’s license or identification card must: 1) Be stored on an electronic system maintained by the Department in a manner to prevent unauthorized use of the information and to ensure the security and confidentiality of personally identifiable information.” If hackers can break into the Pentagon what guarantee of protection of personal private information do we really have from the DMV?
Idaho’s HB 606 prohibiting implementation of REAL ID states, “…the use of common machine-readable technology and state maintenance of a database that can be shared with the United States and agencies of other states, may actually make it more likely that a federally required driver’s license or state ID card, or the information about the bearer…will be stolen, sold…”
5) REAL ID violates our Constitutional Right to Privacy
Louisiana’s HB 715 which prohibits implementation of REAL ID states, “That these potential breaches in privacy that could result directly from compliance with REAL ID Act may violate the right to privacy, as secured by Article 1 Sec. 5 of the Constitution of Louisiana, of thousands of residents of Louisiana.”
Louisiana’s Constitution Art. 1 Section 5 bears a striking resemblance to Nevada’s Art. 1 Sec. 18 “The right of the people to be secure in their persons, houses, papers and effects against unreasonable seizures and searches shall not be violated…” Which are nearly identical to the US Constitution’s Fourth Amendment.
6) Constitutionality of REAL ID challenged under 10th Amendment
Governor Gibbons states in his letter dated April 19, 2010 that, “The
opportunity to challenge the constitutionality of REAL ID slipped through our
fingers several years ago.” This statement is false. Several states including
Montana, Idaho and Louisiana have recently challenged REAL ID as ..”an attempt
to ‘commandeer’ the principles of federalism contained in the 10th
amendment to the Constitution of the United States of America, as construed by
the United States Supreme Court in New York v. United States, 488 U.S.
1041 (1992), United States v. Lopez, 514 U.S. 549 (1995), and Printz
v. United States, 521 U.S. 898 (1997).
7) Privacy
invading biometric information like retinal scans and facial recognition are
part of REAL ID. People who get “standard” drivers’ licenses in the DMV
Regulations also be subject to some of these privacy invading techniques.
Some of these
technologies are already implemented in Nevada.
Virginia and Missouri respecting REAL ID have identified and prohibited from use by state government specific information and technologies which may jeopardize citizens’ privacy. Virginia’s law is below:
“Biometric data" means information relating to a biological characteristic of an individual that makes that individual unique from any other individual, including, but not limited to, the following:
1. Fingerprints, palm prints, and other means for measuring or recording ridge pattern or fingertip characteristics;
2. Facial feature pattern characteristics;
3. Behavior characteristics of a handwritten signature, such as shape, speed, pressure, pen angle, or sequence;
4. Voice data used for comparing live speech with a previously created speech model of an individual's voice;
5. Iris recognition data containing color or texture patterns or codes;
6. Keystroke dynamics, measuring pressure applied to key pads;
7. Hand geometry, measuring hand characteristics, including the shape and length of fingers, in three dimensions;
8. Retinal scans, reading through the pupil to measure blood vessels lining the retina; and
9. Deoxyribonucleic acid or ribonucleic acid.
"Biometric samples" means anything used as a source to develop, create, or extract biometric data.
"Economic privacy" means the privacy of an individual that relates to a right, privilege, or reasonable expectation that certain information is required by law to be held confidential or is otherwise considered to be confidential to that individual, including, but not limited to:
1. Information included in a tax return required by law to be filed with the federal, state, or local government;
2. Information on financial transactions conducted by or on behalf of the individual; and
3. Information on investment transactions conducted by or on behalf of the individual.
http://leg1.state.va.us/cgi-bin/legp504.exe?091+ful+CHAP0769 passed 2009
http://www.house.mo.gov/billtracking/bills091/billpdf/truly/HB0361T.PDF passed 2009
8) Cost of REAL ID is much more than the $410,000 DMV claims it would cost to back out of the REAL ID system they have created. The bipartisan National Conference of State Legislatures has classified REAL ID as “the most egregious example” of an unfunded federal mandate. Even with the federal grants that Nevada DMV has received in order to implement REAL ID, the citizens of Nevada will pay for the majority of REAL ID costs. Continuing implementation of REAL ID will cost far more than $410,000 to back out of it, because REAL ID right now is doubling and tripling wait times at Nevada DMV locations. How long can that go on until citizens demand more DMV employees to handle the increased work load created by REAL ID? In addition, how will the DMV advertise the choice of drivers licenses so that the choice is meaningful? How much will a publicity campaign to advertise the choice cost? Why are unelected DMV bureaucrats determining policy and law in Nevada because they implemented REAL ID without Legislative approval and now they are using the cost $410,000 as a hammer to force Legislative approval? Finally, what is your liberty worth? Much more than $410,000 I would venture.
In conclusion: We want the Legislature to prohibit the implementation of REAL ID like other states have done including: Arizona, Idaho, Louisiana, Minnesota, Missouri, Montana and Virginia.
Minnesota has one of the most clear and concise laws prohibiting REAL ID passed in 2009. SF 738 states, “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…” https://www.revisor.mn.gov/bin/bldbill.php?bill=H0988.0.html&session=ls86
Legislators Phone & Fax Numbers: Assemblyman Marcus Conklin-Chairman: 702-363-3885 also a fax
Sen. Maggie Carlton: 702-452-3619, Sen. Steven Horsford: 702-985-7535
Sen. Maurice Washington: 775-331-3826-w, 775-331-7647-fax, Sen.Joyce Woodhouse: 702-896-1453, 702-407-9253-fax
Asm.John Carpenter: 775-738-9861-w, 775-738-4953-fax, Asm. Marilyn Kirkpatrick: 702-655-0332-h, 702-767-1315-cell
Alternate: Asm. James Settelmeyer: 775-265-7739-h, 775-450-6114-cell
MESSAGE: Please entirely prohibit the implementation of REAL ID in Nevada like the states of Arizona, Idaho, Louisiana, Minnesota, Missouri, Montana, and Virginia have done. If Nevada accepts the DMV’s REAL ID Regulations, Nevada will be adopting REAL ID even if there is a dual drivers’ license system put in place. The State of Nevada will no longer stand between the federal government and Nevada citizens who hold standard drivers licenses in Nevada. It is very possible standard drivers’ license holders will become second class citizens, unable to board a plane, open a bank account, enter a federal building, apply for Social Securit, Veterans benefits, and other assistance programs.
See www.nevadafamilies.org website for updates on hearings and email addresses of Legislators.