In the news:
TSA begins notifying travelers of 2018 REAL ID Act requirements for security checkpoints
Wednesday, December 14, 2016 by HPN News Desk
The Transportation Security Administration (TSA) recently began posting notices at airports to inform travelers that the agency will begin enforcing REAL ID requirements at airport security checkpoints beginning in Jan. 2018.
The REAL ID program stipulates that any traveler suing their state-issued driver’s license or identification card for boarding commercial aircraft may only use such documents if they are issued by a REAL ID-compliant state or a non-compliant state with an extension.
The notification follows a recent announcement issued by U.S. Department of Homeland Security Secretary Jeh Johnson regarding the final phase of the REAL ID Act. While REAL ID-compliant documents will become the standard for commercial air travel, passengers may continue to use other forms of identification such as a passport, military ID or permanent resident card.
“At present, 23 states are fully compliant with the REAL ID Act, and the department has used its authority to grant states extensions when they demonstrate steps toward compliance,” Johnson said in his original announcement. “Thus, 27 states and territories have been granted extensions for a period of time to become compliant. Six states and territories – Illinois, Minnesota, Missouri, New Mexico, Washington, and American Samoa – are noncompliant and do not currently have extensions.”
[….]
[emphasis added]
Missouri ID is noncompliant.
During the George W. Bush (r) administration:
Passed by Congress in 2005, the REAL ID Act enacted the 9/11 Commission’s recommendation that the Federal Government “set standards for the issuance of sources of identification, such as driver’s licenses.” The Act established minimum security standards for state-issued driver’s licenses and identification cards and prohibits Federal agencies from accepting for official purposes licenses and identification cards from states that do not meet these standards…..
From the Missouri General Assembly in 2009:
FIRST REGULAR SESSION
[TRULY AGREED TO AND FINALLY PASSED]
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 361
95TH GENERAL ASSEMBLY
0637L.03T 2009
AN ACT
To repeal section 302.171, RSMo, and to enact in lieu thereof two new sections relating to noncompliance with the federal REAL ID Act of 2005.
Be it enacted by the General Assembly of the state of Missouri, as follows:
[….]
302.183. 1. Notwithstanding any provision of this chapter that requires an applicant to provide reasonable proof of residence for issuance or 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 noncommercial driver’s license, noncommercial instruction permit, or a nondriver’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. 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;
(5) Fingerprint, palm prints, hand geometry, measuring of any and all characteristics of biometric information, including shape and length of fingertips or recording ridge pattern or fingertip characteristics;
(6) Eye spacing;
(7) Characteristic gait or walk;
(8) DNA;
(9) Keystroke dynamics, measuring pressure applied to key pads or other digital receiving devices.
[….]
[emphasis in original]
“…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…”
Who voted for and enabled this paranoid mess?
From the Journal of the House [pdf], April 16, 2009:
Fifty-sixth Day–Thursday, April 16, 2009 1104
On motion of Representative Guest, HCS HB 361 was read the third time and passed by the following vote:
AYES: 083
Allen Brandom Brown 30 Brown 149 Bruns Burlison Cooper Cunningham Davis Day Deeken Denison Dethrow Dieckhaus Diehl Dixon Dougherty Dugger Dusenberg Emery Ervin Faith Fisher 125 Flanigan Flook Franz Funderburk Gatschenberger Grisamore Guest Hobbs Hoskins 121 Icet Jones 89 Jones 117 Keeney Kingery Koenig Kraus Lair Leara Lipke Loehner McGhee McNary Meiners Molendorp Munzlinger Nance Nieves Nolte Parkinson Pollock Pratt Riddle Ruestman Ruzicka Sander Sater Schaaf Schad Scharnhorst Schlottach Schoeller Self Smith 14 Smith 150 Stevenson Stream Sutherland Swinger Thomson Tilley Tracy Wallace Wasson Wells Weter Wilson 130 Wright Yates Zerr Mr Speaker
NOES: 069
Atkins Aull Biermann Bivins Brown 50 Brown 73 Burnett Calloway Carter Casey Chappelle-Nadal Colona Corcoran Cox Curls El-Amin Englund Fallert Fischer 107 Frame Grill Guernsey Hodges Hoskins 80 Hughes Hummel Kander Kelly Kirkton Komo Kratky Kuessner Lampe Largent LeBlanc Liese Low McClanahan McDonald McNeil Meadows Nasheed Norr Oxford Pace Quinn Roorda Rucker Scavuzzo Schieffer Schoemehl Schupp Shively Silvey Skaggs Spreng Still Storch Talboy Todd Viebrock Vogt Walsh Walton Gray Webber Wildberger Wood Yaeger Zimmerman
PRESENT: 003
Bringer Harris Witte
ABSENT WITH LEAVE: 008
Holsman Jones 63 LeVota Morris Parson Salva Webb Wilson 119
[….]
From the Journal of the Senate [pdf], May 13, 2009:
Journal of the Senate 1804
[….]
On motion of Senator Purgason, HCS for HB 361 was read the 3rd time and passed by the following vote:
YEAS—Senators Barnitz Bartle Bray Callahan Champion Clemens Crowell Cunningham Days Dempsey Engler Goodman Green Griesheimer Justus Lager Lembke Mayer McKenna Nodler Pearce Purgason Ridgeway Rupp Schaefer Shields Shoemyer Smith Stouffer Vogel Wilson Wright-Jones—32
NAYS—Senators—None
Absent—Senators Schmitt Scott—2
Absent with leave—Senators—None
Vacancies—None The President declared the bill passed.
[….]
Governor Jay Nixon signed the bill.
And that’s why, children, Missourians can’t enter a federal courthouse, military facility or nuclear power plant using their Missouri Driver’s License as identification. And, come January 2018, Missourians won’t be able to fly on a commercial aircraft unless they have another form of identification, like their U.S. Passport.
So, who gets to clean up this paranoid mess? Your right wingnut republican controlled Missouri General Assembly.
A bill, filed in the House last week:
HB 151
Requires the Department of Revenue to issue REAL ID compliant driver’s licenses unless the applicant requests a license that is not compliant with the REAL ID
Sponsor: Corlew, Kevin (014)
Proposed Effective Date: Emergency Clause
LR Number: 0401H.01I
Last Action: 12/06/2016 – Prefiled (H)
Bill String: HB 151
Next Hearing: Hearing not scheduled
Calendar: Bill currently not on a House calendar
Gee, there’s an emergency clause. Don’t think that retroactively fixes your Missouri Driver’s License. If the bill passes, you’ll get compliant ID when you renew. Unless you want to pay to renew earlier.
The summary [pdf] for HB 151:
HB 151 — REAL ID COMPLIANT LICENSES
SPONSOR: Corlew
This bill requires the Department of Revenue to amends its procedures for applying for a driver’s license or identification card in order to comply with the federal REAL ID Act. The department is currently prevented from complying with the act. This bill requires that the department give applicants the option of either a compliant license or a license that is not in compliance with the federal REAL ID Act. The department will be required to inform applicants of the differences between the compliant and non-compliant forms of license, specifically that the REAL ID compliant driver’s license can be used for federal purposes such as domestic air travel and gaining access to military bases and most federal government facilities while the non-compliant license cannot. The bill specifies that any biometric data collected for these purposes will be retained only for the purposes of complying with the REAL ID Act. This bill is similar to HCS HB 2235 (2016).
Another bill, filed in the House last week:
HB 166
Requires the department of revenue to issue REAL ID compliant driver’s licenses unless the applicant requests a license that is not compliant with the REAL ID
Sponsor: Davis, Charlie (162)
Proposed Effective Date: Emergency Clause
LR Number: 0184H.02I
Last Action: 12/07/2016 – Prefiled (H)
Bill String: HB 166
Next Hearing: Hearing not scheduled
Calendar: Bill currently not on a House calendar
There’s that emergency clause.
The summary [pdf] for HB 166:
HB 166 — REAL ID COMPLIANT LICENSES
SPONSOR: Davis
This bill requires the Department of Revenue to amend its procedures for applying for a driver’s license or identification card in order to comply with the federal REAL ID Act. The department is currently prevented from complying with the act. This bill requires that the department give applicants the option of either a compliant license or a license that is not in compliance with the federal REAL ID Act. The department will be required to inform applicants of the differences between the compliant and non-compliant forms of license, specifically that the REAL ID compliant driver’s license can be used for federal purposes such as domestic air travel and gaining access to military bases and most federal government facilities while the non-compliant license cannot. The bill specifies that any biometric data collected for these purposes will be retained only for the purposes of complying with the REAL ID Act. This bill is similar to HCS HB 2235 (2016).
Good luck getting that through the General Assembly. Meanwhile, if you want to count on flying after January 2018 you might want to get your U.S. Passport.
