Real ID Act by State

As far as the May 11, 2008 date - a state can file for an extension IF they agree to comply. So, what if your state doesn't comply? See paragraph in red...the states WILL comply or "conveniences enjoyed by their residents when using State-issued driver's licenses" will no longer be enjoyed. They got us. I need an asprin...:mad:

This final rule also provides a process for States to seek an additional extension of the compliance deadline to May 11, 2011, by demonstrating material compliance with the core requirements of the Act and this rule.
Finally, taking into consideration the operational burdens on State Departments of Motor Vehicles, this rule extends the enrollment time period to allow States determined by DHS to be in compliance with the Act to replace all licenses intended for official purpose with REAL ID-compliant cards by December 1, 2014 for people born after December 1, 1964, and by December 1, 2017 for those born on or before December 1, 1964.

States seeking extensions must submit a request for an extension to DHS no later than March 31, 2008. As of December 31, 2009, any initial extension will terminate unless a State, no later than October 11, 2009, submits to DHS a request for an additional extension and certification that the State has achieved the benchmarks set forth in the Material Compliance Checklist. As of May 11, 2011, driver’s licenses and identification cards will not be accepted from States that are not in full compliance with the provisions of REAL ID.


DHS wants to make clear that effective May 11, 2008, individuals from States who have not obtained an extension of the compliance date from DHS, or who've not submitted a Compliance Package to DHS under the deadlines provided in this final rule, will not be able to use their State-issued license for federal official purposes, including for identification to board a commercial airplane. Residents of States that do choose to comply, however, through submission of their ompliance Plan or a timely-filed request for an extension, will be able to continue to use their current license to board commercial aircraft (and for other official purposes)through December 1, 2014. Effective December 1, 2014, Federal agencies will refuse to accept non-REAL ID-compliant driver’s licenses from all persons born before December 1, 1964 (i.e. under the age of fifty). Effective December 1, 2017, anyone seeking to use a State-issued driver’s license or identification card for official purpose, including boarding of commercial aircraft, must have a REAL ID-compliant card.

Notwithstanding the voluntary nature of the REAL ID Act, DHS assumes that States will willingly comply with the regulation to maintain the conveniences enjoyed by their residents when using their State-issued driver’s licenses and non-driver identity cards for official purposes, particularly as it pertains to domestic air travel. While, for the reasons set forth above, DHS believes that the REAL ID Act does not constitute an unfunded mandate, DHS nevertheless believes that many States may find noncompliance an unattractive
option.


The issuance of driver’s licenses has traditionally been the province of State governments; DHS believes that, to the extent practicable, it should continue as such. However, given the threat to both national security and the economy presented by identity fraud, DHS believes that certain uniform standards should be adopted for the most basic identity document in use in this country. DHS has, in this final rule, attempted to balance State prerogatives with the national nterests at stake.


http://www.ncsl.org/print/statefed/RealIDFinalReg.pdf
 
As I wrote my governor, Mark Sanford. I told him thank you for denying the Real ID and also thanked him for his continued work on state immigration law reform.... And with these issues at hand, also mentioned that these actions by states could lead to states actually moving to regaining more States Rights that have been slowly eroding away.

Think about this...the States are the check on the Federal government, and if the States start having the balls to challege the Federal's long reaching arms, we could definitely turn our country around!
 
Lek wrote:

As far as the May 11, 2008 date - a state can file for an extension IF they agree to comply. So, what if your state doesn't comply? See paragraph in red...the states WILL comply or "conveniences enjoyed by their residents when using State-issued driver's licenses" will no longer be enjoyed. They got us. I need an asprin

They got shit.

If 50 states refused to comply, what are they gonna do then.

If the states started growing a pair, like they did on this issue, with some other issues, maybe we could stop this mess.
 
The Texas State Rep who has introduced legislation for Texas to comply with Real ID is named Frank Corte who is from San Antonio. A Ron Paul Republican named Tony Kosub is running against him in the primary. Keep your fingers crossed for him!

Here's one of his radio ads: http://files.meetup.com:80/508571/Tony Kosub Radio Ad.mp3

2002618086531977703_rs.jpg
 
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If you select "all states" and "refusal to comply" or "urging congress to act" you'll get the lists.

Several states have authorized their Attorney Generals to challenge it constitutionally in the courts. I wish them luck with the supreme court we have now.
 
Lek wrote:



They got shit.

If 50 states refused to comply, what are they gonna do then.

If the states started growing a pair, like they did on this issue, with some other issues, maybe we could stop this mess.

I'm with you BUT what I copied and pasted above is DHS's response to 21,000 e-mails regarding the Act and this is their response...they are in essence saying TOO BAD. That paragraph stating:

Notwithstanding the voluntary nature of the REAL ID Act, DHS assumes that States will willingly comply with the regulation to maintain the conveniences enjoyed by their residents when using their State-issued driver’s licenses and non-driver identity cards for official purposes, particularly as it pertains to domestic air travel. While, for the reasons set forth above, DHS believes that the REAL ID Act does not constitute an unfunded mandate, DHS nevertheless believes that many States may find noncompliance an unattractive option.

MAKES MY BLOOD BOIL! How condescending...I want to know what the States will do with this conclusion by DHS. Does anyone else find this threatening?
 
Can't wait to move to NH!

Sponsor: Rep. Neal Kurk (R) et. al.
Bill Type: House/Assm Bill Date of Last Action: 6/13/2007 Status: Enacted
Topics: |Refusal to Comply
Citation: HB 685
Summary: Finds that the REAL ID Act is contrary and repugnant to the Constitutions of New Hampshire and the United States. Provides that New Hampshire shall not participate in any driver's license program pursuant to REAL ID nor in any national identification system that may follow.
Prohibits the department of public safety from amending any rules to comply with the goals or standards of REAL ID or any requirements adopted by AAMVA for such purposes.

Prohibits the department of public safety from expanding the motor vehicle records data it shares with other states, the federal government or other agencies, and prohibits the department from providing any data to any additional states or state or federal agencies without authorization by statute.

Repugnant is a good description imo. WTG NH!
 
Tennessee standing strong despite traitors in our ranks.


SB 2334 (Last Update: 11/1/2007)
Sponsor: Sen. Jim Kyle (D) et. al.
Bill Type: Senate Bill Date of Last Action: 7/19/2007 Status: Enacted
Topics: |Other
Citation: SB 2334
Summary: Tennessee appropriations bill. Section 67 Item 10 appropriates money for REAL ID implementation.

Bill History: Chaptered as Chapter No. 603 on 7/19/07.

SJR 248 (Last Update: 6/26/2007)
Sponsor: Sen. Douglas Henry (D)
Bill Type: Senate Resolution Date of Last Action: 6/25/2007 Status: Enacted
Topics: |Refusal to Comply
Citation: SJR 248
Summary: Cites case law to support a refusal to implement the REAL ID Act. Also refuses to implement REAL ID without federal funding.

Bill History: Introduced 4/4/07. To the Senate Finance, Ways and Means Committee 4/5/07. Placed on committee calendar for 5/8/07. From Senate Finance, Ways and Means Committee 5/22/07. In Senate amendment 1 and 2 adopted on Senate floor. Passed Senate 5/31/07. To House. Passed House 6/11/07. To Governor 6/14/07. Signed by the Governor 6/25/07.

SJR 333 (Last Update: 5/7/2007)
Sponsor: Sen. Jerry Cooper (D)
Bill Type: Senate Resolution Date of Last Action: 5/1/2007 Status: Pending
Topics: |Refusal to Comply|Urging Congress to Act
Citation: SJR 333
Summary: Resolves that the General Assembly refuses to implement REAL ID. Urges Congress to repeal REAL ID.

Bill History: Introduced 4/19/07. To the Senate Finance, Ways and Means Committee 4/23/07. Assigned to subcommittee 5/1/07.


Jim Kyle needs to go DOWN!

Regards,

John M. Drake
 
I'm with you BUT what I copied and pasted above is DHS's response to 21,000 e-mails regarding the Act and this is their response...they are in essence saying TOO BAD. That paragraph stating:

Notwithstanding the voluntary nature of the REAL ID Act, DHS assumes that States will willingly comply with the regulation to maintain the conveniences enjoyed by their residents when using their State-issued driver’s licenses and non-driver identity cards for official purposes, particularly as it pertains to domestic air travel. While, for the reasons set forth above, DHS believes that the REAL ID Act does not constitute an unfunded mandate, DHS nevertheless believes that many States may find noncompliance an unattractive option.

MAKES MY BLOOD BOIL! How condescending...I want to know what the States will do with this conclusion by DHS. Does anyone else find this threatening?

This is essentially DHS's FINAL say on the matter. This link: http://www.ncsl.org/print/statefed/RealIDFinalReg.pdf is a document titled:

Part II
Department of
Homeland Security
6 CFR Part 37
Minimum Standards for Driver’s Licenses
and Identification Cards Acceptable by
Federal Agencies for Official Purposes;
Final Rule


What will the states do? As I see it they are given two choices:

1. File for an extension (agreeing to comply)
2. Reject the RealID leaving those state's residents unable to partake in "conveniences enjoyed by their residents when using State-issued driver's licenses".
 
New Hampshire law states that they won't comply with Real ID or any other national ID card. Love this place :)
 
What will the states do? As I see it they are given two choices:

1. File for an extension (agreeing to comply)
2. Reject the RealID leaving those state's residents unable to partake in "conveniences enjoyed by their residents when using State-issued driver's licenses".

I'll take option 2.
 
Feds Cite Hassles if ID Law Not Followed

http://www.gopusa.com/news/2008/march/0304_id_law.shtml

Associated Press
March 4, 2008

WASHINGTON (AP) -- Homeland Security officials are pushing recalcitrant states to adopt stricter driver's license standards to end a standoff that could disrupt domestic air travel.

States have less than a month to send a letter to the Homeland Security Department seeking an extension to comply with the Real ID law passed following the 2001 terror attacks. Some states have resisted, saying it is costly, impractical and an invasion of privacy.

Four states -- Maine, Montana, New Hampshire and South Carolina -- have yet to seek an extension.

Homeland Security Secretary Michael Chertoff argues that the law fixes a critical gap in security identified by the commission that investigated the 9/11 attacks: the ease of obtaining government-issued ID. It will also hinder would-be con artists and illegal immigrants, he said.

Real ID-compliant driver's licenses would have several layers of new security features to prevent forgery. They would also be issued after a number of ID checks, including verification of birth certificates, Social Security numbers and immigration status. Officials acknowledge it will take years to phase in all the different security measures.

To bring the states in line, Chertoff warned that any state that does not seek an extension by the end of March will find that, come May, their residents will not be able to use their licenses to board domestic flights.

Chertoff's assistant secretary, Stewart Baker, sent letters to several governors Monday reminding them of the looming deadline, and urging the holdouts to seek an extension.

In recent years, 17 states passed legislation or resolutions opposing Real ID, but now only a handful appear willing to challenge the government publicly.

Officials in Maine and Montana insisted Monday they would not seek an extension. A spokesman for South Carolina's governor said he was still considering it. New Hampshire passed a law last year prohibiting the state from participating in the Real ID program, and Gov. John Lynch wrote Chertoff last week asking him not to impose the requirements on New Hampshire citizens.

A fifth state, Delaware, has sent a letter asking for an extension, but DHS officials are still weighing whether the wording of the letter legally adds up to an extension request.

If the states do not seek an extention by March 31, their residents will be subjected to secondary screening by security workers before boarding any domestic flight beginning May 11.

''We're not going to buckle under here,'' said Montana Gov. Brian Schweitzer. ''My guess is the people of Montana would be proud to walk through that line.''

Schweitzer called the Real ID proposal a bureaucratic boondoggle that will cost his state a fortune and give a false sense of security without actually making ID more reliable. He has sought to rally opposition to Real ID, but the vast majority of states have decided not to test whether Washington is bluffing.

As the high-stakes game of chicken continues, federal authorities are not publicly saying whether seeking an extension actually counts as complying with the law. In his recent letters, Baker said only that the 45 states that have sought extensions are ''on track toward improved security.''

Copyright 2008 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
 
To bring the states in line, Chertoff warned that any state that does not seek an extension by the end of March will find that, come May, their residents will not be able to use their licenses to board domestic flights.

So much for the voluntary aspect of the RealID.
 
My State's House (SC) just petitioned the Governor to sign up for the extension.

H. 4822: http://www.scstatehouse.net/sess117_2007-2008/bills/4822.htm
(introduced and adopted)

TO REQUEST MARK SANFORD, GOVERNOR OF SOUTH CAROLINA, ACTING WITH OR THROUGH APPROPRIATE EXECUTIVE BRANCH AGENCIES, TO APPLY FOR AN EXTENSION OF THE DEADLINE TO COMPLY WITH THE FEDERAL REAL ID ACT BEFORE THE DEADLINE OF MARCH 31, 2008, WHICH WILL ALLOW SOUTH CAROLINA TO ANALYZE THE IMPACT OF THE REAL ID ACT BUT WHICH WILL NOT REQUIRE SOUTH CAROLINA TO DECLARE ITS INTENT TO COMPLY WITH THIS ACT THEREBY ALLOWING THE STATE'S CURRENT CREDENTIALS TO BE RECOGNIZED AND ACCEPTED DURING THE EXTENSION PERIOD BY THE FEDERAL GOVERNMENT AND THE DEPARTMENT OF HOMELAND SECURITY.

Make sure you contact the Governor and encourage him not to bow down to DHS's demands.
http://www.scgovernor.com/contact/email/
 
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SC Update on RealID

SC Senate urges governor to ask for Real ID extension


Posted: March 20, 2008 12:50 PM EDT

Updated: March 20, 2008 12:50 PM EDT



COLUMBIA, SC (AP) - South Carolina senators have approved a resolution that urges the governor to seek an extension to comply with federal identification requirements.

The resolution already cleared the House and won a 28-7 vote in the Senate on Thursday.

Governor Mark Sanford is trying to decide whether to ask for the extension before a March 31 deadline. If there is no extension, South Carolinians may face hassles in boarding airplanes or entering federal buildings.

Sanford and other governors were on a conference call about the federal requirements with Department of Homeland Security Secretary Michael Chertoff on Thursday.

The governor has said the requirements are costly and impractical.

Copyright 2008 The Associated Press. All rights reserved. This material may not be published

http://www.wistv.com/Global/story.asp?S=8046084
 
California, are you stupid? You need to recall every one of your representatives!

Governor had to veto this and save your asses!! SB 1162 (passed house and sen!!!)

Requires that the Department of Motor Vehicles comply with REAL ID upon receipt of full federal funding. Also includes requirements related to unique identifiers on the license including the applicant's SSN or ITIN.

What the hell is a "Hmong" ?????? Why are they so special? WHY AREN'T YOU????
AJR 37 - Urges Congress to amend the REAL ID Act to protect the rights of members of the Hmong community.

You need to show these people you are in charge! Recall all of them, start today! It only takes a small group in each area to do it!

Stop! Real ID
California: We Make a Stand for Freedom!


California is about to become a major battleground in the fight for Freedom.

On Saturday, Mark Lerner, a noted expert on the Real ID, spoke at Ron Paul Grassroots LA. He made it clear that the Real ID is the linchpin in the plan to forcibly enroll everyone in the United States into a global biometric database.

On March 10th, Assemblymember Pedro Nava, Chair of the Joint Committee on Emergency Services & Homeland Security and Chair of the Assembly Transportation Committee introduced AJR 51, a Resolution to oppose the implementation of the Real ID.

From Montana to New Hampshire, states are mobilizing resistance to the implementation of this totalitarian plan. Listen to the Governor of Montana: http://www.npr.org/templates/story/story.php?storyId=87991791

If California rebels against the Real ID, we stand a good chance of turning the tide. We, the Ron Paul Revolution, are uniquely situated in history to be the force that spearheads the rebellion. If not us, then who? If not now, then when? It is up to US to heed the call!

Patriots, here is an Action Plan which you need to take up and implement without delay. Mark Lerner is going to be meeting with State Legislators this week. Let us support his lobbying efforts with our phone calls, letters, faxes and emails. Let the legislators know that you will be watching this vote and that you are clear in your determination to see Real ID defeated.

Take the attached petition and begin to circulate it for signatures IMMEDIATELY. Let's set the goal of 100,000 signatures statewide for presentation to the State Legislature as they debate the Resolution.

Please take the following actions without delay and organize others to do the same.

IT IS PARTICULARLY IMPORTANT THAT WE "MELT THE SWITCHBOARD" AT THE STATE ASSEMBLY ON MONDAY AND TUESDAY.

When writing and calling: please be polite, to the point, on topic and friendly. Keep in mind that many legislators just simply do not know what the Real ID is all about. We need to educate and support them!

Much more to follow soon, included printed materials for use in tabling and precinct walking.

For more information or to get involved, reply to this email or call 323-939-PAUL.


ACTION ITEMS


1. WRITE TO YOUR STATE LEGISLATORS: Online


a) Go to http://www.legislature.ca.gov/
b) On the right, go to "Bill Search", enter AJR 51, then select the Resolution
c) Click "Comment", select "Support" and enter your comments


2. CONTACT YOUR STATE LEGISLATORS: By Mail and Phone, Fax and Email

a) Go to: http://www.legislature.ca.gov/port-zipsearch.html,
enter your zip code
b) Send a paper mail letter and make a personal phone call to each of the legislators
c) Click on the name of each legislator to go to their office web page
d) Find the fax and email of each legislator and send a fax and email.


3. PRECINCT WALK THE PETITION TO THE STATE LEGISLATURE:
Walk door to door and get signatures while spreading the Freedom Message.

4. TABLE THE PETITION:
Supermarkets, post offices, street fairs…get signatures and spread the Message!

5. PHONE BANKING:
--Join us at the Grassroots LA office to call voters and raise awareness and get them to do the above!
--Participate in "Operation Call4Freedom" remote phone banking (more to follow on this)

6. GET OTHERS TO DO THE SAME:
--Your meetup, friends, family…
--Call in to radio shows and talk about it…
--Spread this all over the internet...post and forward!

7. GO TO SACRAMENTO TO ATTEND THE HEARINGS ON THE RESOLUTION:
--We'll let you know when and where…

8. PLEASE BEGIN BY MAILING AND FAXING THE SPONSOR OF THE RESOLUTION TO THANK HIM!

ASSEMBLYMEMBER PEDRO NAVA
35TH ASSEMBLY DISTRICT
State Capitol
P.O. Box 942849
Sacramento, CA 94249-0035
Fax: (916) 319-2135

PLEASE DO THIS TODAY


9. TO BE ON THE CALIFORNIA REAL ID ACTION TEAM, PLEASE REPLY TO THIS EMAIL

Send your telephone number, email address and city/town


10. EMAIL MARK LERNER

--Request his information packet: [email protected]
--Make a donation to his legislative lobbying efforts: http://stoprealidcoalition.blogspot.com/




--------------------------------------------------------------------------------
MARCH 10, 2008
Relative to the REAL ID Act of 2005.

(EXCERPTS FROM THE RESOLUTION)

AJR 51, as introduced, Nava. REAL ID Act of 2005: implementation.

This measure would urge the California Congressional delegation to support measures to repeal the REAL ID Act of 2005 or to at least delay its implementation until such time as its costs are federally funded and amendments are made to reduce its costs and administrative burdens on the states and to preserve essential states' rights and the civil rights and liberties of American drivers.

WHEREAS, In May 2005, the Congress of the United States passed the REAL ID Act of 2005 (REAL ID) as part of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief Act, 2005 (Public Law 109-13), which was signed into law on May 11, 2005, and which becomes fully effective on May 11, 2008; and

WHEREAS, REAL ID was passed without sufficient deliberation by Congress and never received a hearing by any congressional committee or any vote solely on its own merits; and

WHEREAS, California, under the Tenth Amendment to the Constitution of the United States, has always exercised its exclusive power to establish standards and regulations for the issuance of California state driver's licenses and California state identification cards; and

WHEREAS, REAL ID wrongly coerces states into doing the federal government's bidding by threatening to refuse to the citizens of noncomplying states the privileges and immunities enjoyed by the citizens of other states; and

WHEREAS, REAL ID mandates that California link parts of its database to the departments of motor vehicles of all other states, in effect creating a single shared national database containing information on every American driver that exposes every state to the information security weaknesses of every other state and threatens the privacy of every American; and WHEREAS, The "common machine-readable technology" required by REAL ID could convert state-issued driver licenses and identification cards into tracking devices, allowing computers to note and record a person's whereabouts each time he or she is identified; and

WHEREAS, At least 17 other states have passed legislation that, to one degree or another, opposes the
implementation of REAL ID; and

WHEREAS, More than 600 organizations opposed the passage of REAL ID; and

WHEREAS, The federal government has failed to show any measurable evidence that the implementation of REAL ID will make our borders more secure and better protect our citizens from terrorism; now, therefore, be it

Resolved by the Assembly and the Senate of the State of California, jointly, That the Legislature of the State of California supports the government of the United States in its campaign against terrorism and affirms the commitment of the United States that the campaign not be waged at the expense of states' rights or the essential civil rights or liberties of residents of this country that are protected under the United States Constitution and the Bill of Rights; and be it further

Resolved, That the Legislature urges the California Congressional delegation to support measures to repeal REAL ID or at least to delay its implementation until such time as its implementation costs are federally funded and amendments are made to reduce its costs and administrative burdens on the state and to preserve essential states' rights and the civil rights and liberties of American drivers.


--------------------------------------------------------------------------------

Yours in support of Ron Paul and Freedom,

Steven Vincent

Take the Revolution to the Next Level...Join RonPaulGrassroots.org!
http://www.RonPaulGrassroots.org

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