CCW & DOR UPDATE – MFN E@lert – Dept. of Rev. Violating Law!

Department of Revenue Controversy Continues:

Upcoming Events – Update From This Last Week – What YOU Can Do!

Upcoming Events:

Monday, March 11, 12 noon.   The Missouri House Government Committee on Accountability will hold a special hearing to take public testimony on DOR’s recent changes and on House Bill 787.  This bill was introduced last week in response to the breaking news that DOR is collecting and scanning source documents without Legislative/Statutory authority.  HB 787 Prohibits the Department of Revenue from retaining copies of source documents used to obtain driver’s licenses and non-driver’s licenses.  It is sponsored by Representative Todd Richardson (R-152) and Speaker of the House Tim Jones (R-110) along with 36 other House members.  The hearing will be in HR 1 which is in the basement of the Missouri Capitol building.  Concerned citizens are encouraged to attend and/or testify.

Tuesday, March 12, 2013.  Judge Rob Mayer will be conducting a judicial hearing related to a civil court case filed last Monday morning (3-04-13) in court in Stoddard County, Missouri.  Again, concerned citizens are encouraged to attend.

Wednesday, March 13, 2013, 8:30 am.  The Missouri State Senate Appropriations Committee will be holding a special hearing focused on questions directed to the Director of the Missouri Department of Revenue, Brian K. Long.

Update From This Last Week:

3-09-2013  –  Update on Missouri Department Of Revenue Violations of Law  –   CCW Endorsements, Driver’s & Non-Driver’s License Applications and Renewals.

2-27-13 Missouri Family Network broke the story related to us by Local License Office personnel (received phone calls, verified by phone contacts made to additional fee offices).  Following multiple phone contacts and repeated questioning of LLO personnel, MFN brought testimony before the Missouri Senate Transportation Committee in the context of a public hearing on SB 252.  At first the confidential informants speaking with us thought they were in a position of an ethical breach of the public trust.  After some brief research we informed them that the concerns were much greater and that if their stories were true, DOR was in direct violation of various laws of the State of Missouri.  At that time we went public with what we still believe to be serious violations of State Law by the Department of Revenue.  In our testimony we outlined the allegations reported to us from LLO personnel who are fearful that they are being required to break the law under DOR directives.  Outlining 32.091.7 RSMo we detailed the first two clearly stated laws being broken under chapter 32 of Missouri law. 

3-01-13 MFN released our first MFN E@lert explaining the situation to our email list.  Outlining the “Recent History Backdrop”, “New Developments”, legislative events of “This Week”, and “Immediate Action Needed”, we asked for citizens to call upon lawmakers in Jefferson City to request DOR be held accountable.  (This was at 9 am on Friday, March 1^st.)  Later in the day we were contacted and told more specific details related to the CCW endorsement processes now being implemented by DOR.  By 5:45 pm we were compelled to update our original E@lert to include these important facts.  At that time we also included a 15 point list of common questions we were being bombarded with throughout the day.  (These MFN E@lerts seems to have ignited a fire which has put DOR into a spinning damage control mode.)

3-09-13 MFN now needs to bring you up-to-speed on the events of the week and clarify a host of misconceptions.  We also need to restate the known  facts from the assumptions and unclear information.  Thus the following update:  (Rather than rewriting a lengthily treatise, allow us to refer you  to the materials below contained in the first MFN E@lert and later Update.)

FIRST AND FOREMOST – DOR is in fact (confirmed beyond question) retooling fee offices and requiring scanning of citizens’ source documents in violation of 32.091.7 RSMo and 302.183 RSMo, which according to 302.340 RSMo constitutes a class A misdemeanor for each day’s offense.  (see these laws reprinted below)

Source documents are being required and scanned for CCW endorsements or endorsement renewals beyond the background checks, certifications, investigations and other guidelines required under Missouri’s Concealed Carry laws, and appear to be in violation of 571.101 RSMo and related Statutes (due to volume constraints, not reprinted here).

The lawsuit filed last Monday morning (3-04-13) is very surgical.  It only involves the one license office where a single individual took the initiative to refuse to have his documents scanned in order to receive his non-driver’s license card with a CCW endorsement.  He filed a civil suit and Judge Rob Mayer in turn served a temporary restraining order (TRO) against that single office, regarding that single activity.  A hearing is scheduled in court for March 12^th where more decisions can be made after initial discovery of facts can occur.

Missouri State Statutes specify that the “director of revenue” (which includes all fee office personnel) “is merely acting as a scrivener for any determination made by the sheriff that the person is qualified for the [CCW] permit.” (571.121.2 RSMo)  DOR has absolutely no investigative authority and is in violation of basic Second Amendment rights by adding additional burdens upon citizens by unilaterally adding these requirements to the CCW endorsement process.

Fact:  Confirmed from three separate levels of cross-references – The new equipment being installed in all 183 local license offices (fee offices) comes from MorphoTrust USA (a Safran Company) that can be confused with L-1 Identity Solutions following their acquisition of L-1 IS.  Visit:  http://www.morphotrust.com/site/search?query=L1+Identity+Solutions  and click on the press release entitled “Safran completes the acquisition of L-1 Identity Solutions Becomes …” to see their boast “Safran completes the acquisition of L-1 Identity Solutions Becomes world leader in biometric identity solutions (Paris, July 26, 2011).

Unclear:  We have been told (and all explanations to date concur) that the photos now being taken with MorphoTrust equipment for Driver’s and Non-Driver’s (including CCW) cards are “biometric” photos (which is why operation instructions include “DO NOT FOCUS OR ADJUST CAMERA LENS”).  DOR refutes this issue.  If it is true, this is in direct violation of provisions of 302.183 RSMo.  MFN is trying to confirm one way or the other as MorphoTrust specializes in “biometric” photo equipment.

From “Intelligent Authentication at the Edge, The New Generation of Biometric Smart Devices for Access and Workforce Management” a white paper accessible from MorphoTrust’s web site http://www.morphotrust.com/upload_files/0000/0809/L-1_WP_-_Intelligent_Authentication_at_the_Edge.pdf – “Until recently, some of the biggest challenges associated with physical access authentication had been that these devices did not integrate well, there was no centralized way to manage them, and systems quickly became outdated.  Additionally, there was very little synergy between building control systems, time and attendance, and building communications. However, thanks to the increasing popularity of biometric APIs in addition to modern development platforms, this is rapidly changing. Platforms such as Microsoft .Net, SQL Server, and Oracle Database enable cross-platform development and biometric interoperability among various platforms.

And, biometric vendors have begun to build authentication devices that are central to building security, communications, and employee management.

Fact:  Scanned documents and/or data is now being managed by Oracle Database management.  Any direct connection with MorphoTrust is unknown but they both have the same lobbyist firm that represents them in your State Capitol, Flotron & McIntosh Strategic Governmental Consultants.  To our knowledge these lobbyist nor these companies they are representing have done anything wrong by being available to governments wishing to contract services.  It is the Department of Revenue that has broken the law and the public trust!

Unclear:  The Department of Revenue keeps saying that the only information on the data strip on the back of our driver license cards is only the same as the information printed on the front of the card.  According to fee office personnel, they have been told there is a reference number in that data strip that ties back to Oracle’s database.  DOR repeatedly denies this.

However, in at least one statement released by DOR officials there actually is an additional item, an “inventory control” number (?).   “The license and identification cards, however, include two bar codes.  The purpose of these barcodes is specifically explained on the Department’s website: one contains the same information as appears on the front of the card along with the county of residence of the license holder and the second is for inventory control only.”  “Inventory Control” number?

Fact:  LLO personnel were notified on Monday (3-04-13, 5:03 pm) that they were being blocked out of access to the Oracle database system.  Until then each office was given an access code in which they could see all records scanned into the system.  This is despite the claims of DOR that these scanned documents are being deleted after license cards are processed.

This contradiction in information is no longer documentable other than dozens of employee testimonies to the contrary.  Monday’s “Special Announcement” from DOR states “Until further notice, license offices will no longer have access to Oracle MEDL documents (driver license field scanned documents).”  This printed announcement verifies documents are in fact being scanned, are in fact sent to Oracle for database management, are in fact accessible, and that LLO personnel had originally been trained in accessing the oracle database!

Fact:  On Friday of last week (3-01-13) all LLOs were instructed to disregard earlier instruction to flag ALL citizens using US Postal Boxes rather than physical address with the new system’s automated “fraud alert”.  This is verified through testimony of various LLO personnel.

Fact:  There was a significant illegal operation at a specific fee office in St. Joseph, Missouri in which hundreds, if not thousands, of driver licenses were knowingly issued in exchange for cash payments.  This case is being cited as the/a reason for the current retooling of our fee offices.  So, because a few criminals broke the law (and were caught in the act) all honest law abiding citizens must now be treated as criminals, having our privacy rights invaded by state government?  And this is supposed to offset the statutory violations of the DOR?

Fact:  DOR representatives (at least some) are outright lying by telling lawmakers and citizens that no scanned data is being sent out-of-state.  Neither private contractors, MorphoTrust USA (who is now processing your license cards) nor Oracle (contracted to manage the data) are based in Missouri.  It is an affront that anyone in DOR would use such a ridiculous line of reasoning to spin this controversy as they engage in sloppy ‘damage control’.  A DOR web site states that these new driver licenses are processed “at a secure U.S. facility” because there are no companies in Missouri capable of producing the type of technology incorporated in these cards.  Every indication points to Atlanta, GA.

Unclear:  LLO personnel have reported being told clearly of connections to National Homeland Security (NHS) and RFDI chips implanted in license cards.  They have been told of the reference numbers included in the “data strip” (inaccurately referred to as “magnetic” strips by some, including MFN) and on an RFDI chips imbedded in cards.  DOR strongly refutes these allegations and we do not have confirmation one way or the other.  However, why contract with a major international database management company to handle scanned documents that are supposedly being destroyed by the license card processing company?  If the need exists to contract with such a database management company, what good is it to have such data available if you cannot tie the data back to the individual?  If DOR is being honest there are several such questions.  If they are not being honest – they are in direct violation of the second provision of 32.091.7 RSMo and Missouri’s specific laws against participating in the federal RealID Act of 2005, 302.183 RSMo.

Unclear:  Connections to National Homeland Security.  DOR denies any connection to NHS, even though LLO personnel repeatedly say they have been told this is where the funding for all the new equipment has come from.  This is one of the more compelling issues that must be settled.  If NHS did not provide the grant funding LLOs have been told about, where did the funding come from?  There are five major pieces of equipment related to retooling; scan board, computer, scanner, printer, and camera.  They are all tagged with MorphoTrust USA or Identity Solutions tags.  However, an additional change in procedure requires a minor tool.  The decision was made to start returning expired license cards (except those with a CCW endorsement, which are being confiscated – [a possible Equal Treatment issue?]) as a part of the new licensing process.  This includes punching a hole in the expired license card.  So each LLO that has been retooled has been provided a high quality commercial hole puncher.  Oops…  It seems that every hole puncher being handed out, to date, has a white sticker on the bottom clearly printed in black ink “Purchased with funds provided by U. S. NHS -222”. !!!  Did someone forget to check ‘everything’ for labels?  (There are multiple LLO photos showing this curious label.)

Gov. Jay Nixon first appointed Alana Barragán-Scott to be his Director of the Department of Revenue in 2009 where she served up to December 13, 2012.  In December the Governor appointed her to the Administrative Hearing Commission.  In doing so the Governor also named Brian K. Long as the new director of the Department of Revenue. Long’s background includes serving as the budget director for the State of Missouri as well as serving as the chief operating officer for a $1.5 billion insurance receivership.  This change in leadership means that director Barragan-Scott is responsible for setting up this new licensing and CCW endorsement system.  Director Long now holds the bag and will either help sort out the facts, or he will play ignorance while shrugging his shoulders, or he will continue down the path he has started on and deny what multiple employees and contractors are trying to expose. (?)

As of today (Saturday, March 9, 2013) approximately 2/3rds of the State’s 183 LLOs have been retooled and can no longer process licenses or CCWs (by directives of the DOR).   If the three offices were in fact restructured on Friday, March 7^th, as planned (Memphis, Carthage and Ironton), there remain 63 local license offices that can still process your CCW and/or driver’s license with the old equipment (not scanning any documents).  According to what we have been told citizens may renew expiring licenses up to six months in advance of the actual expiration date.  So if your birthday is between now and September 10-30, you can travel to any remaining license offices to renew before they are retooled.  We do not have a schedule for these remaining 63 offices, so you should call any office to confirm everything before traveling.  You will be able to find addresses and phone numbers by going to: http://dor.mo.gov/offloc/   All LLOs are scheduled to be retooled and scanning by April 1^st, 2013.  Here are the locations not yet retooled:

Kahoka                        Sarcoxie                      Salem

Monticello                   Joplin                           Viburnum

Palmyra                       Neosho                        Rolla

Hannibal                      Pineville                      Waynesville

New London               Cassville                      Lebanon

Monroe City                Branson                       Hartville

Shelbina                      Forsyth                        Nixa

Macon                         Lakeview                    Ozark

Moberly                       Crane                           Ava

Paris                            Monett                        Gainsville

Bowling Green            Aurora                         Thayer

Elsberry                       Mount Vernon            West Plains

Louisiana                     Republic                      Alton

Vandalia                      Springfield                  Willow Springs

Mexico                        South Fremont            Mountain View

Linn                             Glenstone                    Eminence

Hermann                     Marshfield                   Cabool

Troy                             Buffalo                        Mountain Grove

Montgomery City       Bolivar                        Houston

Owensville                  Osceola                       Licking

Keytesville                  Gallatin                       Malden

What YOU Can Do!

1.      Plan now to attend one of the two special hearings in Jefferson City on Monday and Wednesday of this coming week.  Or Attend the court hearing in Stoddard County Court House on Tuesday.

2.      Check your CCW and driver’s license.  If they are expiring within the next six months, call to confirm and get to a fee office ASAP to renew while you can without intrusive government scans.

3.      If you have had your source documents scanned without your express permission, please call us at 314-971-2477 to make plans to come to Jefferson City to talk to lawmakers about the experience.

4.      File a civil lawsuit!  If you had documents scanned, or refuse to allow it to be done, talk to a local attorney about filing a civil suit.  Nothing gets more attention and response than a court summons!

5.      Keep calling your lawmakers and demanding answers and a reversal of the DOR’s offensive attempt to circumvent the law and the trust of the citizens of the Great State of Missouri.

6.      Let your local fee office employees know how much you appreciate their service to the community – they need to know we are not upset with them personally, that they are under DOR’s directives!

7.      Communicate with Lawmakers in Jefferson City that they keep looking for solutions while striving to hold DOR officials accountable.  The vast majority of lawmakers are very upset with this!

8.      Wright “letters to the editor”, call radio show hosts, speak up in public forums & in the public square.  Do not allow these invasions of privacy to go unchallenged – your grandchildren need you!

9.      Organize friends to collect funds to help those willing to file law suits!  Support those willing to fight on the front lines with more than a pat on the back – mere words and sentiments don’t pay bills!

10.  Pray for us on the front lines of this battle as we become targets of anger and angst.  We are under pressure to reveal whistleblowers who have contacted us, but we are committed to protect them.