Constitutional Alliance

Oklahoma State HB2811 Legislation
(Exemption from biometrics, social numbering, and RFID)

By Mark Lerner

1. We have been receiving inquiries from all over the country regarding legislation (HB2811) we proposed in Oklahoma.  The amended legislation is not yet available on-line.  It should be available on-line sometime next week on the Oklahoma legislature web-site.  It is the amended language that contains the language for the Biometric and Social Security Number Religious Exemption Act.
2. Why is the legislation groundbreaking?  It will be the first legislation that would allow for a religious exemption that would result in citizen’s biometric data/templates  (fingerprints, iris scan or facial recognition compatible facial images/photos) not being placed into the state DMV (Department of Motor Vehicle) database or requiring a citizen’s biometric data/templates in order to obtain a driver’s license.  Further, SSN’s would not be retained in the state DMV database.  Finally, those that elect to exercise their exemption would not be required to accept a RFID chip in their driver’s licenses.  For more information about RFID we would refer people to Dr. Katherine Albrecht whom we support fully.  Dr. Albrecht has been a valuable ally as well as a dear friend.
3. Why a religious exemption versus legislation that would apply to all citizens?  We had proposed legislation that would apply to all citizens but there was not enough support or the political will to get that legislation passed.
4. Who is supporting the religious exemption legislation?  Pastors from across the state as well as the ERLC (the political arm of the Southern Baptist Convention).  Many pastors supporting the legislation are not Southern Baptists but are of other denominations.   We also give credit to a group of pastors that belong to the Black Robe Regiment.  Many grass root organizations which are too many to name are supporting the legislation.  The legislation has the support of Democrats, Republicans and Independents.  Both the ACLU and the ACLJ, at our request, joined us at the National Press Club in Washington D.C. to oppose the Real ID Act 2005.  Both organizations are on record as being against the use of biometrics and the global information sharing of citizen’s personal information.  (see video www.stoprealidcoalition.com )  We also give credit to EPIC, the Liberty Coalition and the American Policy Center for their efforts.
5. Who is opposing the legislation?  Despite the fact that we worked with the DPS (Department of Public Safety) and DHS (Department of Human Services), we do not have their endorsements.  We did address their concerns in the legislation.  Leadership has not said they would support the legislation.  It should go without saying that anyone that opposes the legislation is against supporting the religious freedom of citizens.
6. What is the cost to the state to implement the legislation?  We have reached zero fiscal impact.  There will be no cost to the state.
7. The legislation does not address the issue of photos in general being in the DMV database.  Both the Real ID Act 2005 and the PASS ID Act require digital facial images photos that meet the adopted standards of the ICAO (International Civil Aviation Organization) an agency of the United Nations.   Our primary intent is to insure that facial recognition technology is not used and that international standards or federal standards do not apply to a state driver’s license photo.  For more detail read “Your Body is Your ID” available on our web-sites.
8. Does our legislation impede law enforcement?  No.  Federal law that requires driver’s license applicants to have their SSN’s for comparison to a “deadbeat dads” list (Welfare Reform Act) will still be able to be complied with.  Also federal law regarding a “Sex Offender Registry” will not be hampered.   Criminal law enforcement databases are not affected by the legislation.
9. How else does this legislation benefit citizens?  By removing SSN’s from the state DMV database the likelihood of identity theft is greatly reduced.  In addition, since the SSN is what is used to link a person’s personal information to that person, the legislation greatly reduces the likelihood that a citizen’s personal information will be shared with the federal government, international law enforcement and foreign governments.

The legislation is not everything we would have liked.

This legislation does something else which we believe was needed.  It is our belief that the federal government has no constitutional authority to set standards for state driver’s licenses.  We believe this legislation makes a statement regarding states’ rights (Tenth Amendment).  We will be educating citizens/groups/organizations about efforts to reign in the abuse of power by the federal government.  Representative Charles Key of Oklahoma has legislation that “puts teeth” into Tenth Amendment legislation.   We will be sharing that legislation with states as I travel across the country.

This legislation goes much further than the legislation that prohibits a state from complying with the Real ID Act 2005.  Oklahoma currently has law (thanks to State Senator Constance Johnson (D) and Representative Charles Key (R)), that prohibits Oklahoma from participating in the Real ID Act 2005.  Although the federal government has asserted that the Real ID Act 2005 is voluntary, states have been “bullied” to comply.  Through our efforts and frankly the efforts of others, who have joined us in this effort, 26 states have said no to the Real ID Act.

However, the federal government does not give up.  The PASS ID Act was introduced last year.  Rather than continuing to chase the tail of the federal government, we decided it was smarter to take away the prize(s) the federal government was wanting:  The prize(s) being your biometric information, SSN’s in the state DMV database and driver’s licenses that utilize RFID technology.  By removing the prize(s) it will not matter what the government calls their legislation, what the federal government wants will not be in a state DMV database.
The perseverance and courage of Oklahoma State Representative Sally Kern, Oklahoma State Representative Charles Key and Oklahoma State Senator Randy Brogdon (Oklahoma 2010 Gubernatorial candidate) have shared responsibility for this legislation.

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The Constitutional Alliance supports the sovereignty of the United States, the sovereignty of states and we believe that citizens are sovereign as well.