Nevada Families Eagle Forum
186 Ryndon Unit 12, Elko, Nevada 89801, 775-397-6859, Sparks 775-356-0105
Janine Hansen director@nevadafamilies.org
April 28, 2010, In the Year of Our Lord, 10:42pm
Please forward to everyone you know! Acknowledgement appreciated.
The most important hearing is on Monday with the Legislative Committee.
Please contact the Legislators AGAIN with specific objections to the New Regulations. See info below.
REAL ID Hearing with DMV scheduled for Friday, April 30, 9am
Carson: Legislative Bldg. Room 3137, Las Vegas: Grant Sawyer Bldg. 555 E. Washington Ave. Room 4412
Elko: Great Basin College, Greenhaw Technical Arts Bldg. Room 124
http://www.dmvnv.com/public_meetings/R111-09-April-27-2010.pdf
Rescheduled: REAL ID: Final Hearing with Legislative Committee:
Meeting CANCELLED!
Not rescheduled at this time. We don’t know why it has been cancelled.
Monday, May 3, 2 pm
Carson: Legislative Bldg. Room 3137
Las Vegas: Grant Sawyer Bldg. 555 E. Washington Ave. Room 4401
Elko: Great Basin College, Berg Hall Conference Room
Legislative Commission’s Subcommittee to Review Regulations:
Email Addresses: mconklin@asm.state.nv.us, mcarlton@sen.state.nv.us, shorsford@sen.state.nv.us, rtownsend@sen.state.nv.us, mwashington@sen.state.nv.us, jwoodhouse@sen.state.nv.us, jcarpenter@asm.state.nv.us, mkirkpatrick@asm.state.nv.us, jsettelmeyer@asm.state.nv.us
*Note: Asm. Carpenter does not use email. Sen. Washington does not read his email. Call or fax them.
Note: Senator Washington supported REAL ID at the November 2009 meeting.
Phone & Fax Numbers:
Assemblyman Marcus Conklin-Chairman: 702-363-3885 also a fax
Senator Maggie Carlton: 702-452-3619
Senator Steven Horsford: 702-985-7535
Senator Randolph Townsend: 775-954-2020-w, 775-825-5111-h, 775-771-1555-cell
*Senator Maurice Washington: 775-331-3826-w, 775-331-7647-fax
Senator Joyce Woodhouse: 702-896-1453, 702-407-9253-fax
*Assemblyman John Carpenter: 775-738-9861-w, 775-738-4953-fax
Assemblyman Marilyn Kirkpatrick: 702-655-0332-h, 702-767-1315-cell
Alternate: Assemblyman 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, Oregon 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 Security and other assistance programs.
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, Oregon 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 states that the DMV regulations will expire on June 30, 2011 unless enacted by the Legislature. http://www.dmvnv.com/public_meetings/R111-09-April-27-2010.pdf
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 and 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…”
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 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. Will people who get standard driver’ licenses in the DMV Regulations also be subject to 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.
“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) ) a hammer to force Legislative approvalMV has received in order to implement REAL ID, the citizens of Nevada will pay for theCost 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, Oregon 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. This section is effective the day following final enactment.” https://www.revisor.mn.gov/bin/bldbill.php?bill=H0988.0.html&session=ls86
Nevada’s Legislative Commission’s Subcommittee to Review Regulations should reject DMV’s REAL ID regulations.
State laws:
Arizona: http://www.azleg.gov/legtext/48leg/2r/bills/hb2677p.htm
Idaho http://epic.org/privacy/id-cards/idaho_hb606.pdf
Louisiana: http://www.legis.state.la.us/billdata/streamdocument.asp?did=469965
Minnesota: https://www.revisor.mn.gov/bin/bldbill.php?bill=H0988.0.html&session=ls86
Missouri: http://leg1.state.va.us/cgi-bin/legp504.exe?091+ful+CHAP0769
Oregon: http://www.leg.state.or.us/09reg/measures/sb0500.dir/sb0536.intro.html
Virginia: http://leg1.state.va.us/cgi-bin/legp504.exe?091+ful+CHAP0769
For more info on REAL ID go to www.nevadafamilies.org www.realnightmare.com
http://epic.org/privacy/id-cards/epic_realid_0508.pdf
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