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Posts tagged dept of revenue

Special Focus On Bills and the Legislative Response Related to the Rogue Department of Revenue Scandal

Update accurate as of 5-6-2013

Last Wednesday, May 1, 2013: The Senate Joint Committee on Administrative Rules called in acting DOR Director John Mollenkamp, the Division of Driver licensing Jackie Bemboom, and others for questioning focused on Title 12 Department of Revenue,   Division 10 Director of Revenue,   Chapter 24 Driver License Bureau Rules,   Including, but not limited to, policies and procedures relating to issuance of driver licenses which require promulgation of rules pursuant to Chapter 536. RSMo.  The results of which was an exposure of the fact that yet another violation of law (the seventh) has occurred with DOR’s secret scandal causing them to avoid legal rulemaking procedures in an attempt to hide system process changes from the Legislature. (Chapter 536. RSMo)

At noon last Wednesday the Senate Appropriations Committee questioned and took testimony from Special Agent Keith Schilb, Office of Inspector General, Social Security Administration (as per a special Subpoena) regarding the CCW endorsement lists supplied by Missouri State officials, to confirm details about the national implications related to the breach of public trust with DOR’s scandal.  The Committee also took testimony from the Department of Revenue, Office of Administration and the Department of Public Safety regarding their conference budget lines.

Budget Bills for the Department of Revenue, Office of Administration, and the Department of Public Safety have had over $40,000,000. slashed from their budgets by the Senate for not being cooperative in the investigations over the DOR scandal.  As the Senate Appropriations Committee is striving diligently to get officials to explain themselves to the Committee they are very frustrated and angered to keep finding the scandal goes deeper and wider every time they start a new line of questions.  Officials unwilling to answer with transparency are being grilled.  Note: The various line items in the budget are being cut in proportion to the level of difficulty officials make the Senate Committee go through!  THE OUTSTANDING QUESTION IS:  AFTER ALL THAT HAS BEEN UNCOVERED, WHY DO THESE BUREAUCRATS CONTINUE TO HOLD OUT AND REFUSE TO BE TRANSPARENT?  WHAT ARE THEY STILL HIDING THAT HAS NOT YET BEEN DISCOVERED?

It is expected that the Conference Committee reports on budget bills for DOR will receive only half-year funding (6 months) and even that will be at a reduced amount.  This will force DOR to come back to the table in early January for an emergency supplemental budget appropriation.  This will allow the Legislature to keep tabs on their progress to conform to legislative mandates to change procedures and force DOR officials to continue facing questions.

Our recommendation is that the Legislature only provides a first quarter funding.  This would require a Special Session that could run concurrent with the September Veto Session, to provide a supplemental appropriations bill for the second quarter taking the DOR into January.  This would allow the Legislature to remain in control of the situation if Gov. Nixon chooses to veto policy bills directed at changing DOR operations (which he is likely to do in order to buy them time to entrench the current system further).  Otherwise, a veto override in September would be of little value if the DOR already has funding in place. 

It is also imperative that the current primary bills focused on DOR (HB 787 & SB 252) have criminal penalties attached to them.  While MFN supports increased fees for local license offices to help make up for the loss they have suffered due to the new system processes, criminal penalties would create the kind of fee office blowback needed to force DOR to comply with the Legislature and Statutes.  Of course such criminal penalties must also apply to DOR employees. 

HCS HB 137 Introduced by Representative Hinson (R), requires all state agencies to obtain approval from the General Assembly prior to administering, implementing, or expanding any federal program. First read in the Senate on Monday. Second read and referred to the Senate Oversight Committee on Thursday 4-18-2013 and a public hearing was held on 5-1-2013.  This bill could be (and needs to be) amended to include requirements that any agency receiving federal funds shall report such funding to the Legislature with criminal penalties for failure to do so.

HB 503  Introduced by Representative John McCaherty (R), Creates the Paperless Documents and Forms Act.  Currently on the House Calendar with DOR scandal related amendments pending.

 

HCS HB 787 Introduced by Representative Richardson (R), Speaker of the House Tim Jones (R-110) along with 36 other House members.  Prohibits the Department of Revenue from retaining copies of source documents used to obtain CCW endorsements on driver’s licenses and nondriver’s licenses.  During debate on the House floor this bill was amended to include a prohibition against creating any kind of database of firearms, owners, ammunition, or other firearms accessories.  The sovereign immunity for DOR employees has been removed and officials will now be subject to civil lawsuits. Referred to the Senate Transportation Committee, hearing held and a SCS voted “do pass” on Thursday 5-2-2013.  HB 787 needs to have criminal penalties attached to it in order to guarantee compliance.

HB 818   Sponsored by Robert Ross and Jason Smith  Specifies that no state agency or department shall construct, enable, maintain, participate in, or develop a database of the number or type of firearms, ammunition, or accessories that an individual possesses.  4/25/2013 Voted Do Pass (H)

HCS HB 840 Introduced by Representative Wanda Brown (R), requires the Department of Revenue to indemnify local fee offices if, during the course of its official duties and pursuant to state law or regulations, the fee office is sued. Voted do pass out of the House Oversight Committee on Monday 4-22-2013.  The provision of this bill has been added to both HB 787 & SB 252.

HCS HB 859   Sponsored by Rick Brattin and John  McCaherty  Allows for conversion of concealed carry endorsements to concealed carry permits, eliminates concealed carry endorsements and replaces them with concealed carry permits.  Third read and passed by the House, now assigned to the Senate General Laws Committee, as of 5-2-2013.

HB 872   Introduced by Dave Schatz and Glen Kolkmeyer   Removes the renewal requirements for concealed carry endorsements making them valid for life if not suspended or revoked.  4/4/2013 Referred: House General Laws with a hearing on 4-23-2013.

HB 886 Introduced by Representative Bahr (R), authorizes the General Assembly to remove any department director or deputy director if it determines that the removal is necessary for the betterment of the public service. Heard in the House Oversight Committee on Monday 4-15-2013.

HB 887   Sponsored by Chris Kelly and Jay Barnes   Prohibits the Department of Revenue from selling or disclosing certain driver record information.  4/4/2013 Public Hearing Completed (H)

HRM 1 Introduced by Representative Marshall (R) and 95 House members, condemns the release of private protected information on concealed carry endorsements, remonstrates against executive departments, and demands the Governor investigate, discipline and remove those responsible.  Offered in the House on Thursday 4-18-2013.  Referred to the House Rules Committee on Monday, 4-29-2013.

SS SB 252 Introduced by Senator Kraus (R), prohibits the Department of Revenue from retaining copies of source documents used to obtain driver’s licenses and modifies other driver’s license provisions. Amendments to the bill removes the final CCW endorsement step from DOR and places it with the local Sheriff (who issues the CCW certificate already).  Additional amendments require the destruction of the new scanned database and the electronic records in it, prohibits any biometric photos or fingerprints, and extends the time CCW endorsements from 3 to 5 years. Voted do pass out of the Senate Oversight Committee on Monday, third read on Tuesday, with an emergency clause. Reported to the House and first read on Wednesday. Second read in the House on Thursday 4-18-2013.  Referred to the House Oversight Committee and was voted “do pass”.   The bill is currently on the House Calendar (fiscal review).  This bill should be amended to include criminal penalties in order to guarantee compliance.

SRM 1  Introduced by Senator Ed Emery as a Senate Remonstrance against the Governor for the release by the Department of Revenue and the Department of Public Safety of personal protected information which has been publicly admitted by the departments, demanding that Governor Nixon comply with requests for information.  Introduced and read on Tuesday, and referred to the Senate Rules, Joint Rules, Resolutions and Ethics Committee on 4-30-2013.

DOR Scandal Timeline of Key Events

(Not a comprehensive or exhaustive list.)

February 2004:  A document entitled “AAMVA DL/ID Security Framework” was produced by AAMVA, the American Association of Motor Vehicle Administrators, outlining the history and development of driver license security protocols from 1986 through the 2005 Congressional passage of the national REAL ID Act, including the developmental relationship of the AAMVA with the federal legislation.

2005: REAL ID is passed by the U.S. Congress requiring States to comply with national security standards in order to be in compliance with requirements of a North American treaty designed to integrate passage documents among all North American countries and territories.  The U.S. Department of Homeland Security (DHS), working with the American Association of Motor Vehicle Administrators (AAMVA) to coordinate state implementation of the standards of the REAL ID regulation, secretly devises a dual plan scheme for cooperating State (compliance) and opt-out States (compatible).

2008:  The U.S. Department of Homeland Security provided the first of a series of annual grants to the Missouri Department of Revenue to pay for REAL ID implementation. (These grants were hidden and never disclosed to the public in general or the Legislature in particular.)

May 2009: Missouri Legislature becomes one of the 14 States to ban REAL ID implementation as part of the federal REAL ID Act opt-out provision – signed into law by Governor Jay Nixon in July – now exposed that the anti-REAL ID State Statute was immediately ignored and circumvented by DOR.

2009:  The U.S. Department of Homeland Security provided an additional annual grant to the Missouri Department of Revenue to pay for REAL ID implementation. (Such annual grants have continued without the DOR disclosing to the Legislature, or Missouri citizenry, such financial relationship between DOR and DHS, or the use of such grants for REAL ID implementation.)

March 2010: DHS Secretary Janet Napolitano sends a letter thanking Senator Nixon for his compliance with REAL ID. (http://themissouritimes.com/2821/nixon-denies-knowledge-of-dhs-letter-thanking-him-for-real-id-implementation/)

July 2010: Starting at this date and for the following 18 month period a St. Joseph, MO fee office became a national hotspot for illegal aliens who were being assisted in obtaining illegal driver licenses.  An employee was charged with the crime and is facing federal sentencing.  Reports vary, from as few as 100 to over 3,500 illegal licenses.  The integrated computer system had fee agents in all 183 offices and DOR’s main facilities watched repeated “fraud alert” warnings on their computer screens. (http://www.justice.gov/usao/mow/news2012/ajanel.ind2.html)

2010 and 2011: Yet other US DHS grants were provided to DOR with no disclosure to the Legislature or citizens of the State of Missouri.  DOR uses these grants to continue creating an infrastructure to meet the benchmarks for a REAL ID “compliance” through a “comparable” system.

November 2011: Data regarding CCW holders first given to federal government.  (With no oversight or security confirmation protocol – and no notice provided to the Legislature or citizenry.)

August 2012: the U.S. Department of Homeland Security, Office of Policy, produces a Fiscal Year 2012 Report to Congress entitled Secure Identification State Progress.  This report is prepared based on the grant compliance reports supplied by the States’ DMVs – including Missouri DOR officials who repeatedly have lied about any federal funding or REAL ID implementation efforts.  (for a detailed outline of this report and links to documents see: http://missourifamilynetwork.net/2013/03/why-are-missouri-lawmakers-so-angry-at-department-of-revenue/ )

October 2012: An indictment is returned from a federal grand jury charging one man and five co-defendants in the fraudulent driver license scheme operated out of a St. Joseph, MO fee office.  As the DOR scandal breaks, this case is cited as the catalyst for creating the new system that had been hidden from the Legislature for at least 4-5 years as it was being developed (at least two full years before the St. Joseph fraud case even began).

December 2012: Department of Revenue General Counsel Trevor Bossert internally advises against posting a rule change stating that the “administrative burden” is too high. A rule change under Missouri law would have allowed the legislature, including members of the Joint Committee on Administrative Rules and public, to be aware of the scanning program. (http://washingtonexaminer.com/mo.-officials-defend-licensing-policy-to-senators/article/2526857)

December 12, 2012: Then-Department of Revenue Director Alana Barragan-Scott writes Homeland Security Secretary Janet Napolitano regarding Missouri’s progress toward complying with REAL ID provisions. “Missouri’s security standards for the issuance of driver licenses and identification cards are comparable to or exceed the substantive security standards of the federal REAL ID Act,” Barragan-Scott wrote. (http://www.kansascity.com/2013/04/09/4172253/missouri-flap-on-drivers-license.html)

December 2012: Missouri DOR implements two private contracts it had acquired to facilitate the plans of Missouri’s REAL ID “comparable” system.  One contract is with the Oracle group, contracted to build and maintain the platforms for a database system to store, search, and share, scanned source documents of all Missouri driver and non-driver licensees, and CCW endorsed citizens.  The second contract is with MorphoTrust USA (headquartered in New Jersey with production facilities in Atlanta, GA.  (MorphoTrust is a SAFRAN Company based out of Paris, France whose top CEO is a Muslim Imam.)

December 2012: The State’s 183 local license offices begin to be retooled with new license processing equipment at a rate of about three locations a day.  Local fee office contractors and employees grow leery of the new system but fear reprisals if they say anything to anyone.

January 2013: Fee office agents at some locations begin risky questioning of new equipment installers and are told not to tell the general public about the involvement of Homeland Security.  Local fee office employees trained to use new equipment are misled that the cameras are not biometric cameras even though they are.  Scanning of ALL documents required and agents contracts require cooperation or face immediate reprisals.

January 2013: Data regarding CCW holders given to the federal government for a second time. (Again no security compliance protocol used and no notice provided to the Legislature or citizens.)

January 31, 2013:  Senate Bill 252 is introduced in the Missouri Senate by State Senator Will Kraus to prevent the Dept. of Revenue from collecting information, in response to concerns raised by citizens encountering document scanning at a local driver license office.

February 2013:  Brave local license office contractors and employees contact Missouri Family Network (a private public policy organization) asking for help to expose what they believe to be unethical, if not illegal, actions they are being required to participate in. Stories from these whistleblowers are confirmed through cross collaboration from testimony provided by agents in different locations around the State.

February 27, 2013: The Senate Transportation Committee hears public testimony on SB 252 whereby the organization Missouri Family Network for the first time publicly outlines local fee office whistleblowers’ concerns over the new licensing system being installed in the State’s 183 local fee offices in violation of the law (32.091. RSMo cited, even though several other State Statutes are now known to have been, or being, violated).

March 4, 2013: Lawsuit filed in Stoddard County Circuit Court (Judge Rob Mayer) regarding data being scanned and saved by the Department of Revenue.  Suit filed by Prosecuting Attorney Russell Oliver, acting as a private attorney on behalf of a private citizen.

(http://themissouritimes.com/1396/lawsuit-addresses-overstepped-boundaries-regarding-conceal-and-carry-documentation/)

March 6, 2013: House Bill 787 was introduced in response to the breaking news that DOR is collecting and scanning source documents without Legislative/Statutory authority.  The bill seeks to prohibit DOR from retaining copies of source documents used to obtain CCW endorsements on driver’s licenses and nondriver’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.

March 7, 2013: HB 818 is sponsored by Representatives Robert Ross and Jason Smith, along with 23 other House members who co-signed, specifying that no state agency or department shall construct, enable, maintain, participate in, or develop a database of the number or type of firearms, ammunition, or accessories that an individual possesses.

March 11, 2013: In a special called hearing, the Missouri House Government Oversight and Accountability Committee questioned the Director and Deputy Director of the Department of Revenue.  At that hearing it was first admitted that previous denials that no federal funding was being used to install a new licensing system, was in fact not correct.  The admission was related to $183. hole punches paid for by the DHS.  (No further admissions were forthcoming at that time.)  The 2009-2010 St. Joseph fee office fraud case begins to be the central excuse for creation of the new system – even thought the system was being devised before the fraudulent activities even began.

March 11, 2013: Department of Revenue Director Brian Long states that “at the first suggestion [that] we were sharing source documents, I immediately asked this question of others [and] was repeatedly and independently assured that these scanned documents are not, nor are there plans to, shared with the federal government.” (http://themissouritimes.com/1596/department-of-revenue-document-scanning-addressed-in-legislature/)

March 12, 2013: HB 840 is sponsored by Representatives Wanda Brown and House Speaker Tim Jones, along with 61 other House members, to indemnify local fee offices and clarify that the Department of Revenue must pay for any damages done to any local fee offices if they are entangled in civil actions as a result of the illegal mandates through contractual obligations.

March 12, 2013: In testimony by DOR’s Director of Motor Vehicles and Driver License Division, Jackie Bemboom, in the Stoddard County Circuit Court (Judge Rob Mayer) preliminary hearing, admitted that the new camera system is in fact a biometric camera – despite multiple previous denials from DOR personnel.  Under oath she further admitted DOR had options, but choose to use the biometric camera and scan document system.

March 13, 2013: The Director and Deputy Director of DOR is called before a special called hearing of the Senate Appropriations Committee.  During this hearing it is revealed that DOR has repeatedly lied about a series of federal grants from DHS that were being used to install the new licensing system in Missouri.  This included the installation of biometric cameras and scanning of citizens’ source documents for all driver licenses, non-driver licenses, and CCW endorsements.

March 13, 2013: HB 859 is sponsored by Representatives Rick Brattin and John McCaherty along with 12 other co-sponsors, to allow for conversion of concealed carry endorsements to concealed carry permits and remove all CCW involvement with the DOR.

March 14, 2013: HB 872 is Introduced by Representatives Dave Schatz and Glen Kolkmeyer along with 45 other House members to remove the renewal requirements for concealed carry endorsements making them valid for life if not suspended or revoked – thus eliminating any need to renew or require Missouri’s 180,000+ CCW endorsed citizens to every have to revisit a fee office for renewal again.

March 25, 2013: HB 886 is introduced by Representative Kurt Bahr (R), authorizing the General Assembly to remove any department director or deputy director if it determines that the removal is necessary for the betterment of the public service.

Arch 25, 2013:  HB 887 is introduced by Representatives Chris Kelly, with Jay Barnes and 2 other House members, to prohibit the Department of Revenue from selling or disclosing certain driver record information that is not currently prohibited.

March 26, 2013: Missouri Senate subpoenaed all documents from Department of Revenue, the first time subpoenas had been issued by the body in almost 25 years (and the first time in State history for Subpoenaing documents), and Senator Kurt Schaefer noted that he resorted to the subpoena because “at this point we really can’t rely on what the Revenue Department has told us about what they’re doing and how they’re paying for it.”  (50 boxes containing 150,000 – 200,000 pages of documents are produced in response to the subpoena, while Gov. Nixon is publicly claiming nothing is happening.) (http://www.missourinet.com/2013/03/27/senate-subpoena-demands-revenue-documents-audio/)

April 3, 2013: Governor Jay Nixon denied any data was being transferred to the federal government, saying “This Department of Revenue and this State of Missouri is not collecting a bunch of unuseful data to send to some sort of magical database someplace to mess with people.” (http://www.missourinet.com/2013/04/03/nixon-state-not-feeding-database-of-missourians-personal-info-enforcing-real-i-d/)

April 9, 2013: 14 Missouri Senators call for an audit of the Department of Revenue.

April 10, 2013: Missouri State Highway Patrol Col. Ron Replogle notifies Senator Kurt Schaefer that CCW data had been transferred to the federal government twice.  He confirmed this in a hearing on April 11th, noting that he had known about the information transfer for four weeks. (http://www.columbiatribune.com/news/highway-patrol-gave-feds-missouri-weapon-permits-data/article_266b644e-a235-11e2-a8e7-0019bb30f31a.html)

April 11, 2013: Congressman Blaine Luetkemeyer inquired of the Social Security Administration and Homeland Security Secretary Janet Napolitano regarding how the data has been used and whether the data has been shared.

April 11, 2013: Missouri House of Representatives passed HB787, sponsored by State Representative Todd Richardson, 139 yes votes to 13 no votes to prevent Missouri Department of Revenue from sending Missouri government documents to the federal government, as well as taking appropriate steps to stop the scanning of documents and biometric photos.

April 11, 2013: Speaker Tim Jones called for Attorney General Chris Koster to form a special investigatory committee to look into allegations.

April 11, 2013: Senator Eric Schmitt, chairman of the Joint Committee on Administrative Rules writes the Department of Revenue and asks for an answer as to how the department did not violate Chapter 536 RSMo when they chose not to post a rule change when beginning the scanning program.

April 12, 2013: The Office of Inspector General for the Social Security Administration said the agent who received the January 2013 CD was able to read the CCW file.

April 15, 2013: The Office of Inspector General for the Social Security Administration changes course and said the agent could not open either CD containing the CCW file.

April 15, 2013: Department of Revenue Director Brian Long resigns.

April 16, 2013: Governor Jay Nixon reported that the state will stop scanning CCW permits; “It has been determined that the scanning and retention of concealed carry certificates are not essential to the integrity of the license issuance process,” Nixon said in a news release. “We will continue to work with policymakers to ensure the security and privacy of our license issuance process.”

April 16, 2013: Citizens report that the Governor’s announcement of discontinued scanning only applies to the one single document, but that all other documents are still being scanned for CCW endorsements and other licenses.  An understanding which lead many to see Gov. Nixon’s announcement to be a scam at best, or possibly a part of the larger DOR scandal.(?)

April 16, 2013: The Missouri Senate passed SB252 (sponsored by Sen. Will Kraus), with 29 yes votes and 5 no votes.  The bill would prohibit the Department of Revenue from retaining copies of source documents used to obtain driver’s licenses, as well as a variety of other measure to stop DOR from scanning documents and using biometric photos.  The bill also removes CCW endorsements from DOR and leaves them with local sheriffs.

April 17, 2013: An e-mail indicating ATF involvement in the records request is released. (http://news.stlpublicradio.org/post/schaefer-says-atf-bureau-and-social-security-requested-missouris-conceal-carry-weapons-list) The ATF later denied involvement, saying that an employee at the Missouri Information Analysis Center had added their agency’s name to the e-mail to encourage a faster response for the SSA request.

April 18, 2013: Representative Casey Guernsey submitted a sunshine request to Governor Jay Nixon to request copies of all documents relating to the scandal.

April 18, 2013: Representative Nick Marshall files House Remonstrance #1 along with 95 other members of the House of Representatives.  HRM 1 condemns the release of private protected information on concealed carry endorsements, remonstrates against executive departments, and demands the Governor investigate, discipline and remove those responsible.

April 20, 2013: Attorney General Chris Koster declined to comment regarding the Dept. of Revenue scandal while in Springfield, MO.

April 23, 2013: Nixon and DOR officials are subpoenaed for depositions in the case which originally brought this issue to the state’s attention. (http://stlouis.cbslocal.com/2013/04/23/gov-nixon-dept-of-revenue-face-subpoena-over-license-suit/)

April 30, 2013: Senator Ed Emery files SRM 1 as a Senate Remonstrance against the Governor for the release by the Department of Revenue and the Department of Public Safety of personal protected information which has been publicly admitted by the departments, demanding that Governor Nixon comply with requests for information. (http://themissouritimes.com/2772/emery-files-remonstrance-against-nixon-over-dor-controversy/)

May 1, 2013: The Senate Joint Committee on Administrative Rules, chaired by Senator Eric Schmitt, called in acting DOR Director John Mollenkamp, the Division of Driver licensing Jackie Bemboom, and others for questioning focused on Title 12 DOR, Division 10 DOR, Chapter 24 Driver License Bureau Rules, including, but not limited to, policies and procedures relating to issuance of driver licenses which require promulgation of rules pursuant to Chapter 536. RSMo.  The results of which was an exposure of the fact that yet another violation of law has occurred with DOR’s secret scandal leading them to avoid legal rulemaking procedures in an attempt to hide system process changes from the Legislature. (Chapter 536. RSMo)

May 1.2013: The Senate Appropriations Committee questioned and took testimony from Special Agent Keith Schilb, Office of Inspector General, Social Security Administration (as per a special Subpoena) regarding the CCW endorsement lists supplied by Missouri State officials, to confirm details about the national implications related to the breach of public trust with DOR’s scandal.

May 3, 2013: Gov. Nixon fails to honor subpoena after negotiating an alternative response.

 

Other potential items of interest:

News-Tribune op-ed: “Thwarted by bureaucratic ‘Who’s on first?’ routine” (http://www.newstribune.com/news/2013/apr/19/our-opinion-thwarted-bureaucratic-whos-first-routi/) – goes through the changing stories and the agencies at the root of it, including DOR, MIAC, SSA, and the ATF.

Southeast Missourian: “Stoddard County concealed-carry policies brought to court” (http://www.semissourian.com/story/1949667.html)

Sheriff’s CCW Privacy Protection Complaint Form

Click here for the CCW Privacy Protection Complaint Form (PDF)

Call to Immediately Fire Jackie Bemboom!

The Department of Revenue is headed by a Director (Brian Long, since 12/13/2012, and Alana Barragan-Scott (who has worked for Nixon since 1993) Director for the bulk of the scandal timeframe, http://governor.mo.gov/newsroom/2009/Alana_Scott ).  Below the Director is the Deputy Director John Mollenkamp.  From there the Department is subdivided into four (4) Divisions, including Jackie Bemboom, Director of the Motor Vehicle and Driver Licensing Division.

Of all the people (and now other agencies) involved in the rogue DOR scandal – Jackie Bemboom has played the most central part.  At every turn it is her name and direct oversight that bears the highest connectivity to the many unlawful actions related to this growing scandal.  If there is one key player who has the most involvement it is Jackie Bemboom. 

Her fingerprints are on more documents and details than everyone else combined!

Recap:

  • DOR violates the Driver’s Protection Act which prohibits the collection of personally identifying information.  Scanning citizen’s documents and creating a new database of information violates privacy rights.  Jackie Bemboom created and coordinated the implementation of this new licensing system!
  • DOR violates the State’s anti-Real ID Act which prohibits implementation of Real ID.  Using funds from Homeland Security, they work covertly to create driver licenses that are “compatible” to Real ID knowing the DHS defines “compatible” as the same as “compliant” with Real ID.  Jackie Bemboom was directly responsible for the administration of Homeland Security grants that were ‘hidden’ from the public and the Legislature!
  • DOR violates explicit Statutory prohibition against using biometric cameras.  Under oath it was Jackie Bemboom who had to admit that she had the option of using basic digital cameras, but chose voluntarily to contract (at higher prices) the use of illegal biometric cameras!
  • DOR violates Missouri’s Concealed Carry Weapons law which prohibits the disclosure of endorsees private identification to anyone other than law enforcement on an individual case by case bases.  Utilizing a private vendor for “central issuance” and by creating a database assessable by fee office agents (currently discontinued) violates this provision on two fronts.  Jackie Bemboom agreed to the details and signed the contract with the French company Safran’s subsidiary MorphoTrust USA, giving them, and possibly DHS, Missourians CCW status!
  • DOR violates the State Disposition of State Property laws.  Having originally misled everyone to believe the old license processing equipment was only leased, DOR now says that equipment was purchased with taxpayers money.  If this story is the true one (?) DOR has violated State Statutes regarding disposition of State property by allowing the new private vendor to take  possession and destroy that equipment.  Jackie Bemboom signed the contract allowing MorphoTrust USA to take possession of State property for the purpose of destroying it, in direct violation of the law!
  • DOR violated strict privacy protection laws by releasing the entire list of 163,000 Missouri citizen’s with CCW endorsements!  Jackie Benboom is the immediate Director over the division that had maintenance and responsibility for the confidentiality of this protected list, yet she allowed it to be released!

Jackie Bemboom, who holds a BS in Criminal Justice Administration, has no excuse for playing dumb about her role in this massive muli-year scandal and cover-up.  She has been involved in virtually every step of the conversion from our old and effective licensing process system, to today.  She has never once taken the opportunity to speak up!  With multiple violations of State Statutes, she has time and again agreed to conspire against the citizens of Missouri and the elected members of the General Assembly!

Jackie Bemboom serves voluntarily as a director of the AAMVA, the American Association of Motor Vehicle Administrators.  This is the national group responsible for producing the “AAMVA DL/ID Security Framework, A Package of Decisions Based on Best Practices, Standards, Specifications and Recommendations to Enhanced Driver’s License Administration and Identification Security”.   While organized as a “private” entity, the AAMVA is a foreign international effort working from federal funding to develop, among other things, biometric technology for all of North America!

To complicate Jackie Bemboom’s conflicts of interest and subterfuge as an active leader within AAMVA while serving as Director of the Licensing Division of DOR – AAMVA was involved in laying the groundwork development and promotion of the passage of the federal Real ID Act!  Certainly her position with both the State of Missouri and AAMVA is a direct conflict of interest!

(visit: www.aamva.org for evidence and documentation of details in this message.)

Jackie Bemboom was fully aware of the 2011 Region III Information Exchange between states, with a Jurisdictional Showcase on Missouri DMV.  The PowerPoint presentation at that time 10/4/2011) included a “Real ID Communication Plan” including the “12-month timeline”.  Followed by a discussion of the challenges of “sending the right messages to the citizens of Missouri since we are prohibited from changing procedures to be REAL ID compliant”!

Jackie Benboom must be fired immediately! 

Contact your House and Senate members in Jefferson City to express your concern that Jackie Bemboom must be fired today! 

Call on Director Brian Long to fire her immediately! 

Call Governor Nixon and demand that she be fired now!

 

Update on DOR Controversy

Subpoena:   http://missourifamilynetwork.net/2013/03/missouri-dor-subpoena/  

Last week the State Senate used its subpoena authority to pull rank on the Department of Revenue.  While the Senate has had the authority to subpoena individuals, it has only been a couple of years since that authority was expanded to include documents.  Thus it is accurate to say that this is the very first time in Missouri State history that the Senate has issued a Subpoena for documents from a rogue agency!  (While this authority is relatively new also note that no state department has never acted with such blatant disregard toward the Legislature before, resulting in a call for such a law.)

Senator Kurt Schaefer requested the Subpoena and it was issued according to Statutory protocol with President Pro-Tem Tom Dempsey officially issuing it.  In the Subpoena, the documents demanded are to be provided to Senator Kurt Schaefer’s office (room 221) no later than 4 pm on Tuesday, April 2, 2013.  To see the actual Subpoena and the various documents being demanded, go to:   http://missourifamilynetwork.net/2013/03/missouri-dor-subpoena/

Destruction of State Property?:

In yet another new development, questions have come up over ownership of the old license processing equipment being removed from the local license offices.  It had been our understanding that all the old equipment was being leased from L1 (one of the original contactor companies acquired by Identity Solutions, and eventually by MorphoTrust USA).  However, Senator Schaefer is saying that DOR authorities have led  him to believe the old processing equipment is in fact property of the State of Missouri.  This is very troubling if it is confirmed that DOR again misled lawmakers earlier this year on this ownership point!

If in fact this equipment does belong to the State, the newer contract allowing MorphoTrust USA to remove and destroy the old equipment is in direct violation of yet another provision of law dealing with State property!  Go to http://www.missourinet.com/2013/03/29/revenue-department-budget-threatened-audio/ to read the Missouri net story about this new development.  Be sure to listen to the two short but very important audio links at the end of the printed story.

AUDIO: Floor discussion (6:48) and AUDIO: Schaefer, Richard, Dempsey (5:15)

Call for Audit:

At this point we (Missouri Family Network and all the partners who have joined this effort to call DOR into account) are calling for a full audit of the Department of Revenue.  In light of the extensive and deepening nature of this controversy we feel this is imperative.  Especially considering how DOR still refuses to come clean and provide the Legislature with a full transparent explanation of the many questions still outstanding.

Driving concerns even deeper is a realization that without a full discovery of the facts surrounding the DOR controversy, how do we even know what questions need to be asked?  In other words, with the lack of cooperation coming from DOR, in light of the many disturbing discoveries to date, why are they not willing to open up and be transparent?  Or – what else is going on that someone does not want to be discovered?

Those concerned citizens wanting to take action to help, please encourage all your friends to call for a complete DOR audit.  We are directing citizens to make their audit request through Senator Kurt Schaefer’s office.  Sen. Schaefer will in turn bundle those request and take them to State Auditor Tom Schweich.  Since a DOR audit is not currently due, a special audit will need to be processed.  No one is casting any cloud of question onto Auditor Schweich, we are simply trying to make it a reality in the context of these current dynamics.

Stoddard County Civil Lawsuit:

Sadly, the Stoddard County civil lawsuit had to be dismissed.  Apparently there were some factual errors in the original pleadings which handicapped the case.  The employees in charge of retooling Local license offices (not sure if they are State employees, MorphoTrust USA employees, or sub-contractors with one or the other) provided much of the information related to the case.  It now appears that some of the information provided by these individuals was erroneous.  Perhaps they were accurate in relationship to other State’s experiences, but with Missouri’s DOR working on a ‘hybrid’ type of REAL ID, some of the details don’t seem to apply.  The trial judge indicated that he did not want to dismiss the case but had to in light of the circumstances.

New Partners:

Starting today, Monday April 1, 2013, a new series of radio adds are being directed at DOR.  It would appear that United for Missouri has decided to join in the call for accountability.  You will note that the representatives of UFM include former House Speaker pro-tem Carl Beardon and former House & Senate member Jim Lembke.  The web site is www.unitedformissouri.org and their current social media messages include, “If you haven’t seen it, go to www.WrongWayJay.com and tell Governor Nixon to take responsibility for his rogue Department of Revenue!”

Missouri DOR Subpoena

Please help get the word out – we need thousands of folks to email Senator Kurt Schaefer. Please spread the word.
Concerned citizens from across the State need to email Appropriations Chairman Senator Kurt Schaefer at: Kurt.Schaefer@senate.mo.gov
Please kindly demand that the Department of Revenue be audited over its financial dealings with the federal government and the national Department of Homeland Security!

On the full House Floor this afternoon, one of the budget bills for the Department of Revenue was amended to remove $150,000+ because of DOR’s refusal to comply and work with lawmakers to help them understand what all DOR is doing. This is a start – there is much more being prepared for DOR, the longer they refuse to be held accountable, the worse it is going to get!

House Government Oversight and Accountability Committee in executive session working on HB 787, related to DOR processing CCW endorsements.

Please click here to view the Subpoena to the Missouri DOR

Why are Missouri Lawmakers So Angry At Department of Revenue?

Why are Missouri Lawmakers So Angry At Department of Revenue?

DOR Director Brian Long, and Deputy Director John Mollenkamp, have repeatedly denied any federal dollars involved in the new controversial Driver and non-Driver licensing system.  However, the following documents outlines not one, two, or three, – but at least four annual grants DOR has received from the Department of Homeland Security and the Department’s efforts to participate neck & neck with other States in implementing REAL ID “compliance”, while claiming they are not breaking Missouri’s Statutory law making it a criminal offense to participate in the implementation of the 2005 federal Real ID Act (see 302.183 RSMo).

Also note that DOR is violating two additional State Statutes:

Missouri’s Concealed Carry Law has always been maintained to protect citizens’ information to the highest degree possible.  To accommodate law enforcement background checks and keep a balanced approach to protecting citizens from any form of firearms registry, Chapter 571. RSMo prohibits anyone from compiling or accessing information that is limited to local county sheriffs.  DOR’s new procedures have created a significant affront to the gun rights community by violating these laws.

While citing 32.090 as authority to scan source documents, they fail to point anyone to the very next provision which does in fact limit DOR’s practice by expressly prohibiting the collecting of individually identifying information on citizens without specific statutory authority.  (Which has never been given.)

32.091.7. The department of revenue shall not collect from persons applying for any driver’s license issued by the department any information by which such persons can be individually identified, unless the department has specific statutory authorization to collect such information; nor shall the department of revenue include on any driver’s license, in print, magnetic, digital, or any other format, any information by which an individual may be identified, unless the department has specific statutory authorization to include such information.

Here are two revealing documents exposing the financial and compliance reporting relationship between Missouri DOR and the National Homeland Security.  DOR heads have dodged, skirted, danced, avoided, and ignored multiple questions about their involvement with Homeland Security.  To quote multiple lawmakers, “they have outright lied to the Legislature and they have lied to the citizens of Missouri”!  Please take time to examine these documents.

One document is a 20 page report from the Center on Immigration Studies (identifies at least two federal grants in the amounts of $700,00+ and $2.99+ million);  http://missourifamilynetwork.net/wp-content/uploads/2013/03/real-id-2012.pdf

and the second, a 35 page document, is a 2012 Congressional Report from the Department of Homeland Security (specifying the uses of four DHS grants 2008-2011), expose DOR’s secretive and unethical pattern of lies and deceitfulness;  http://missourifamilynetwork.net/wp-content/uploads/2013/03/real-id.pdf

The 2012 Congressional Report from the Department of Homeland Security was produced by the DHS (U.S. Dept. of Homeland Security) and compiled from States’ reports to DHS on their respective States’ transition to REAL ID.   It is important to note that the Missouri Department of Revenue has obviously participated in making progress reports to DHS, while at the same time pretending to the citizens of Missouri in general, and more specifically withholding the truth about their efforts from State Lawmakers!

Here is a simple rundown on many of the details you will find in the 2012 DHS report document:  http://missourifamilynetwork.net/wp-content/uploads/2013/03/real-id.pdf

  • Page 3 outlines the 18 “Material Compliance Benchmarks” DHS has established to standardize, federalize, and create a uniform national ID system known as REAL ID.
  • Page 7 charts the 50 States and additional Territories based on their number of “benchmarks” met.  Missouri DOR reports 15 out of 18 “benchmarks” were compliant before last fall (2012).
  • Also on Page 7-8 is a point made that DHS annual Grants (originally denied by DOR) go back to 2008 – making at least 4-5 grants to date from DHS to Missouri DOR.
  • Pages 9-11 explains Missouri DOR’s 15 “benchmarks” in comparison to the other States and Territories.
  • Pages 11-12 shows that the three “benchmarks” not reported to be in compliance with, was not even required to be reported on. (Thus having the least known reported compliance!)
  • (Based on the lack of required reporting, no one but secretive DOR agents has any real idea if in fact Missouri is in compliance or not.)
  • Page 15, paragraph 3,  (last two sentences) makes it clear the Missouri DOR can use grants while claiming they are not participating in REAL ID directly, as long as they are moving that way.
  • Page 17 explains the planned basic “infrastructure” for data networking and sharing, despite DOR’s insistence to the contrary.  (Raises MAJOR concerns about scanned documents security.)
  • Page 20 clearly states that Missouri DOR has signed a “Memorandum of Agreement”, “as required by the REAL ID Act” of 2005.  (Which DOR claimed not to be doing.)
  • Page 22 plainly reports that the “DHS is funding the instillation of the EVVE (Electronic Verification of Vital Events) network interface.
  • Page 23 shows that according to MO DOR’s report, Missouri is in fact “on-line with EVVE.
  • Page 27 “Assistance to States” says “DHS is using “multiple mechanisms” to provide assistance…” to States “intended to meet or “be comparable to”, REAL ID requirements”.
  • Page 27 also defines how DHS accepts State’s “Compliance Determinations.   (States are not required to meet or exceed REAL ID regulatory requirements as long s they are “comparable”.

Lies?:  For at least 4-5 years The Missouri Department of Revenue has been deceitful and has employed various tactics to mislead members of the State General Assembly and the citizens of Missouri!

Over the last month we have uncovered a pattern of documented lies which cast a dark cloud of distrust and angst over the agency.  Clear-cut and documented lies include (but not limited to):

–          DOR repeated claims that it has not received any federal funding for the new “enhanced” or “secure” driver license and non-driver license cards (including CCW endorsements).

–          DOR now admits that they have received “limited federal funding for minor items” (expensive hole punches), when in fact DOR has received millions for extensive REAL ID compliance.

–          DOR has created the illusion that recent controversial revelations are relatively new – when annual grants from the Department of Homeland Security (DHS) go back to 2008 (at least).

–          DOR repeatedly claimed they are not working to implement ”Real ID” when in fact DOR now spin admissions that they are doing so “on our own” not ”with” the federal government.

–          DOR maintains claims that they are not working with the National Department of Homeland Security, when DOR is reporting to DHS their “benchmark” compliance reports.

–          DOR had reported to original inquiries from lawmakers that no data on Missouri citizens was being sent out of state – when in fact DOR now admits is the daily procedure.

–          DOR has responded to concerned inquiries from lawmakers, via email, that all data being sent out of state is deleted – when in fact they now admit no verification protocol exist.

–          DOR first stated to many lawmakers that all Missouri citizens’ personal ID information (scanned source documents) are being destroyed – now admitting it is being stored permanently.

–          DOR has emphatically stated over and over that biometric data cameras and photos are not being taken/used – but now have testified under oath that this is in fact the new procedure.

–          DOR has led everyone to believe the old processing equipment was in need of replacing, but has now admitted that the equipment was working just fine with normal repairs.

–          DOR claims the only reasons for upgrading equipment has been for citizens security, but now admits equipment upgrades are driven by “compliance” with the national REAL ID Act.

–          DOR says they are not implementing REAL ID under federal control (a clear violation of State law) but now admits voluntarily enacting all required “benchmarks” to be “compliant”.

–          DOR claims to have Statutory authority for the new controversial program being implemented, but only points to a provision in the state budget (which has no Statutory authority).

DOR’s Most Comprehensive Response To Date (that we know of) Still Fails to Address The Bulk Of Concerns And Questions

From DOR:

“The Department of Revenue receives information related to the license and the card.  The protection of this information is controlled by the Driver’s Privacy Protection Act (Sections 32.090 and 32.091, RSMo).  With these protections in mind, several years ago the Department began working in a system that is both cost effective and able to ensure that information remains confidential.  The changes in the driver license and the issuance process are being put in place to protect Missouri citizens from criminals who want to obtain or produce forged copies of the licenses and identification cards to steal or manufacture identities.

 “In conjunction with the Office of Administration, and through the state purchasing procedures, the Department has signed a contract with a vendor to both replace some aging equipment and to issue secure licenses and identification cards to Missouri citizens.  The contract is between the state of Missouri and the vendor—no other entity mandated this contract.  Furthermore, the vendor does not receive any scanned source documents.  The vendor only receives data that is printed on the license itself, such as name, address, sex, height, weight, etc., and deletes the data one week after the document is printed. 

 “To specifically address some of the concerns, the license does not include any radio frequency identification (RFID) chip; the license does not include a magnetic strip; and no information is being transmitted to Homeland Security or any other federal agency.   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.

 “For more information, you may go to the Department of Revenue New Missouri Driver Licenses and Nondriver Identification Cards frequently asked questions at http://dor.mo.gov/faq/drivers/newlook.php

We are striving to discern the facts surrounding this DOR controversy.  While many unsubstantiated claims have been made against DOR, it is apparent that the teams installing the new processing equipment in local license offices around the State had been providing confusing answers to LLO personnel’s questions.  Perhaps these people have assumed everything in Missouri was the same as in other states installing REAL ID systems, not aware that Missouri is only “complying”?  Whatever the case behind some of the false understandings, we do know that DOR has not been willing to  be forthcoming with either the citizens, local license offices, or even the General Assembly.  We apologize for any information we have distributed that is incorrect and renew our commitment to report facts and clarify unknowns as outstanding questions.

In response to two confused issues:  Originally, LLO personnel had been instructed to change past procedures of “flagging” questionable or suspected individuals processing driver licenses.  The new procedure was to automatically identify all persons using USPS Post Office address as potential “fraud alerts”.  This practice was dropped within two days after this controversial story emerged.  The second issue is that originally all local license offices were provided an access code to gain entry to the data base of scanned documents (managed by Oracle, the private vendor contracted to manage this database).  Once criticisms of potential security risks came to light, DOR cut off LLO access to this database.  (The database has not been destroyed or deleted as some reports claimed.)

As far as we understand at this point:  MorphoTrust USA is the private vendor processing Missouri driver license cards.  They receive at least (?) the “folio” files on Missouri citizens seeking driver license cards.  The company is based in New Jersey (?) but their processing facility is located in Atlanta, GA.  (L1 is an older DOR contract vendor that was acquired by Identity Solutions.  Identity Solutions was later acquired by MorphoTrust USA.  Various equipment bares any of these three names.)  MorphoTrust USA is a SAFRAN company, and SAFRAN is a huge international business based out of Paris, France.  The second private vendor with DOR is Oracle, which is charged with the maintaining the platforms for the database containing all the scanned source documents.  (Both companies are represented by lobbyist Richard McIntosh, listed by the Missouri Times as number 12 on the 20 most influential individuals with the Nixon Administration.) (?)

One of many questions that has not yet been adequately aired is, “why are citizens not told their documents are to be scanned before they know what is happening”?  We have heard from hundreds of angry citizens and they all share the same opening to their stories, that they were never told until afterwards (and only then when asking questions) that their documents were scanned.  No one has yet to report that they were ever given an option to cancel or pause the transaction until they understood what would occur!

Thank you for your service to the Great State of Missouri.

Local License Offices

Below is a list of remaining Local License Offices that have not been retooled with the new processing equipment for scanning citizens source documents.

Until full discovery is complete and we clearly understand what is going on, including why DOR has not been transparent about new procedures, citizens

may continue to process driver and non-driver license (CCW) cards at these LLOs.  Anyone whose CCW Endorsement or Driver License is up for renewal

within 6 months may go to any LLO in the State to get a new license card under the old process as long as the equipment has not yet been upgraded.  Any

original CCW endorsement applicants or renewals must still have completed all pre-qualifications and have the approved certificate from your Sheriff.

 

The dates listed for each office to be retooled are the dates provided to Missouri Family Network by the LLOs from our individual phone calls and inquiry.

Here are the remaining 47 Local License Offices using the old process for licenses, and expected dates for them to be retooled:

 

  CITY                             PHONE            SCHEDULED DATE                        ADDRESS                                                    

 

Branson                       (417) 334-2496           MARCH 15th                          1447 C ST HIGHWAY 248

Moberly                       (660) 263-4447           NEXT WEEK                         209 N CLARK

Ozark                          (417) 581-2955           NEXT WEEK                         103B W CHRUCH ST

Paris                            (660) 327-4382           NEXT WEEK                         112 S MAIN ST

Ava                             (417) 683-2700           NEXT WEEK                         304 NW 12TH AVENUE

Hartville                      (417) 741-6288           MARCH 18th                          398 S MAIN, STE. B

MonroeCity                 (573) 735-4585           MARCH 18th                          109 SECOND ST

Forsyth                        (417) 546-3085           MARCH 19th                          210 SHADOW ROCK DR

Lakeview                    (417) 272-8815           MARCH 19th                          11016 E ST HWY 76 BRANSON WEST

Nixa                            (417) 725-9697           MARCH 19th                          214A VILLAGE CENTER RD

Shelbina                      (573) 588-7790           MARCH 19th                          201 FAIRGROUND RD

Macon                         (660) 385-3416           MARCH 20th                          210 N RUBEY

Gainsville                    (417) 679-4117           MARCH 21st                          201 HIGH ST

BowlingGreen             (573) 324-0555           MARCH 22nd                         1420 BUS HWY 61 SOUTH

Monett                        (417) 235-6678           MARCH 22nd                          200 E BROADWAY

Louisiana                     (573) 754-6864           MARCH 26th                          202 SOUTH 3RD, STE. 113

Republic                      (417) 732-7557           March 27th                               243 US HIGHWAY 60 WEST

Springfield                  (417) 869-5100           March 29th                                 149 PARK CENTRAL SQ. RM 252

Bolivar                        (417) 326-5194           END OF THE MONTH         930 E SAN MARTIN ST

Alton                           (417) 778-2004           END OF THE MONTH         RT. 2, BOX 2592

Elsberry                       (573) 898-2213           END OF THE MONTH         106 NORTH 3RD, STE B

MountVernon             (417) 466-4087           END OF THE MONTH         1 COURTHOUSE SQ. FL #2

Vandalia                      (573) 594-3131           END OF THE MONTH         200 E PARK

WestPlains                  (417) 256-0678           END OF THE MONTH         1504 PREACHER ROE STE. 4

Linn                             (573) 897-4012           APRIL 1st                               1200 E MAIN

Mexico                        (573) 581-2665           APRIL 1st                                201 N ABAT

MountainView            (417) 934-2387           APRIL 2nd                               119 PINE ST.

Cabool                         (417) 962-5990           APRIL 3rd                               519 SPRUCE AVE

Hermann                     (573) 486-3212           APRIL 3rd                                312 MARKET ST

Gallatin                       (660) 663-5440           After April 1st ?                       400 N MAIN ST, STE. 1

Houston                      (417) 967-3878           1st  WK. IN APRIL                 1591 N HWY 63, STE B

MountainGrove           (417) 926-3333           1st WK. IN APRIL                 807 N MAIN ST., STE 5

Marshfield                   (417) 468-5100           1st WK. IN APRIL                 101 E JEFFERSON

Owensville                  (573) 437-4182           APRIL 8th                               1106 W HIGHWAY 28

Licking                        (573) 674-1232           APRIL 8th                               104 E HIGHWAY 32

Malden                        (573) 276-5006           APRIL 9th                               106 W LACLEDE ST

Buffalo                        (417) 345-2334           APRIL 13th                             945 W DALLAS

Osceola                       (417) 646-2901           2nd WK. IN APRIL                 260 BUS. HWY 13

MontgomeryCity        (573) 564-3033           NEXT MONTH                      652B S STURGEON

Troy                             (636) 528-6533           NEXT MONTH                      850 E CHERRY ST, STE. D

Glenstone                    (417) 831-2600           “NEAR FUTURE”                 1002 S GLENSTONE            SPRINGFIELD

Crane                           (417) 723-8552           “PRETTY SOON”                  103-2 SOUTH ST

WillowSprings            (417) 469-3944           UNSURE                                112 E MAIN ST

SouthFremont             (417) 823-8484           UNSURE                                3061 S FREMONT     SPRINGFIELD

Palmyra                       (573) 769-3264           REFUSED                              100 S MAIN ST

Thayer                         (417) 264-3001           CLOSED WED                      151 E WALNUT

Eminence                    (573) 226-3114           Unsure                                     116 N MAIN

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 1st.)  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 12th 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 7th, 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 1st, 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.

 


 

3-01-2013, (5:45 pm)  –  UPDATES On DOR Violations of Missouri State Statutes – Followed by our original post for easy forwarding.  (hint – hint)Please Note:  All  of  the  information  below   INCLUDES  ALL  CCW  ENDORSEMENTS !!!

Because CCW endorsements are either processed and included with your driver’s license, or on a DOR issued Non-Driver’s license, ALL of your original source documents including the CCW certificate issued by your County Sheriff is now being scanned and send into the National Homeland Security federal database!

Second Amendment groups need to look into this and help spread the word!

Here are the common questions we are receiving and their answers:  (note many questions are coming from Facebook posts of those who have not seen the details at www.MissouriFamilyNetwork.net

1.      What is our source of information on this breaking news?   Our information is coming from confidential sources who work in local license offices, but who are scared to go public.

  1. Why support SB 252 if it only creates another law that would be ignored?   We are advocating first and foremost that citizens demand that the law be enforced and that those responsible be held accountable.  After that communication with your lawmakers we recommend support for SB 252 as an additional tool for the future.
  2. What is the documentation related to the RFID chip information below?   This come direct from Homeland Security’s website about their “Enhanced Driver’s Licenses”, (see below).
  3. Are other RFID chip issues pending in Missouri?  See SB 239, sponsored by Senator Ed Emery, to prohibit school districts from requiring RFID technology or devices for student identification.    This bill is scheduled to have a public hearing in the Senate General Laws Committee this coming Tuesday, March 5th, at 3 pm, in SCR1 on the first floor of the Missouri State Capitol.
  4. “My documents have already been scanned”, what can I do?   Wow – We know of nothing to reverse the offense.  We recommend you go to Jefferson City this next week and talk face to face with lawmakers about your experience!  Please contact us to arrange assistance with doing so.  We are raising the banner that the Legislature MUST step up to the plate and hold DOR accountable!
  5. “I am about to go to my local license office to renew my driver’s license / CCW”, what do I do?   We recommend you go immediately and ask if you can get renewed before their equipment is exchanged in that particular office yet.  If not, renew NOW.  If it is too late, leave immediately – DO NOT let them take your photo without complete processing or you could be put on a fraud list with the assumption that you could not prove who you were and the process was cancelled.  (This is the new instruction, take photo first then scan documents, in order to catch terrorists.)
  6. How do we enforce the laws being broken?   It all starts with public awareness and response.  This is a government agency violating State Statutes and without public outcry nothing will happen!
  7. When did this all start?  Because the retooling of local license offices is on a location by location basis, it is taking a long time and there is still variations of experiences from office to office.  The announcement that changes would occur was made in November 2012, with the actual change in process starting sometime thereafter, but it has not reached all areas of the State yet.
  8. “How can I protect myself?”   Please respond to the IMMEDIATE ACTION NEEDED below.
  9. What is being done about this unacceptable violation of laws and my privacy?   This is it.  MFN is leading the charge through public awareness and a demand for action.  Please help spread this information and encourage gun owners, drivers, and all citizens that they need to get on the phone with their elected officials at all levels!
  10. Can we just microwave the enhanced driver license?   Well we suppose so(?).  But this does not protect you from the damage already done by DOR in collecting your data and sending it into a national tracking database.  And since the same info will be stored on the magnetic strip you will have accomplished nothing but making yourself a fraud/suspect target for try to avoid detection.
  11. If this is true why is there no investigation or prosecution?   This is what we are trying to initiate through a focused campaign.  Since the information has just come to light, we are on step one.
  12. Can I opt out?  Absolutely not.  If your license or CCW is up for renewal you can run to the license office to see if you can get processed before they retool your location.  Otherwise join the fight.
  13. How do I share this information?  Feel free to forward this email, or simply direct folks to our website www.MissouriFamilyNetwork.net it has no commercial advertising, cookies, or pop ups!
  14. 15.  Does any of this apply to my CCW?   Absolutely – 100%  – with no exception or opt-out allowed.

 


 

CCW INCLUDED & OTHER UPDATES – MFN E@lert – Dept. of Revenue Violating Law!

The phones are ringing, the email is backing up, and the Facebook post are rolling!  But I don’t mind being swamped considering the magnitude of this week’s revelations!

UPDATES On DOR Violations of Missouri State Statutes – Followed by our original post for easy forwarding.  (hint – hint)

Please Note:  All  of  the  information  below   INCLUDES  ALL  CCW  ENDORSEMENTS !!!

Because CCW endorsements are either processed and included with your driver’s license, or on a DOR issued Non-Driver’s license, ALL of your original source documents including the CCW certificate issued by your County Sheriff is now being scanned and sent into the National Homeland Security federal database!

Second Amendment groups need to look into this and help spread the word!

Here are the common questions we are receiving and their answers:  (note many questions are coming from Facebook posts of those who have not seen the details at www.MissouriFamilyNetwork.net

  1. What is our source of information on this breaking news?   Our information is coming from confidential sources who work in local license offices, but who are scared to go public.
  2. Why support SB 252 if it only creates another law that would be ignored?   We are advocating first and foremost that citizens demand that the law be enforced and that those responsible be held accountable.  After that communication with your lawmakers we recommend support for SB 252 as an additional tool for the future.
  3. What is the documentation related to the RFID chip information below?   This come direct from Homeland Security’s website about their “Enhanced Driver’s Licenses”, (see below).
  4. Are other RFID chip issues pending in Missouri?  See SB 239, sponsored by Senator Ed Emery, to prohibit school districts from requiring RFID technology or devices for student identification.    This bill is scheduled to have a public hearing in the Senate General Laws Committee this coming Tuesday, March 5th, at 3 pm, in SCR1 on the first floor of the Missouri State Capitol.
  5. “My documents have already been scanned”, what can I do?   Wow – We know of nothing to reverse the offense.  We recommend you go to Jefferson City this next week and talk face to face with lawmakers about your experience!  Please contact us to arrange assistance with doing so.  We are raising the banner that the Legislature MUST step up to the plate and hold DOR accountable!
  6. “I am about to go to my local license office to renew my driver’s license / CCW”, what do I do?   We recommend you go immediately and ask if you can get renewed before their equipment is exchanged in that particular office yet.  If not, renew NOW.  If it is too late, leave immediately – DO NOT let them take your photo without complete processing or you could be put on a fraud list with the assumption that you could not prove who you were and the process was cancelled.  (This is the new instruction, take photo first then scan documents, in order to catch terrorists.)
  7. How do we enforce the laws being broken?   It all starts with public awareness and response.  This is a government agency violating State Statutes and without public outcry nothing will happen!
  8. When did this all start?  Because the retooling of local license offices is on a location by location basis, it is taking a long time and there is still variations of experiences from office to office.  The announcement that changes would occur was made in November 2012, with the actual change in process starting sometime thereafter, but it has not reached all areas of the State yet.
  9. “How can I protect myself?”   Please respond to the IMMEDIATE ACTION NEEDED below.
  10. What is being done about this unacceptable violation of laws and my privacy?   This is it.  MFN is leading the charge through public awareness and a demand for action.  Please help spread this information and encourage gun owners, drivers, and all citizens that they need to get on the phone with their elected officials at all levels!
  11. Can we just microwave the enhanced driver license?   Well we suppose so(?).  But this does not protect you from the damage already done by DOR in collecting your data and sending it into a national tracking database.  And since the same info will be stored on the magnetic strip you will have accomplished nothing but making yourself a fraud/suspect target for try to avoid detection.
  12. If this is true why is there no investigation or prosecution?   This is what we are trying to initiate through a focused campaign.  Since the information has just come to light, we are on step one.
  13. Can I opt out?  Absolutely not.  If your license or CCW is up for renewal you can run to the license office to see if you can get processed before they retool your location.  Otherwise join the fight.
  14. How do I share this information?  Feel free to forward this email, or simply direct folks to our website www.MissouriFamilyNetwork.net it has no commercial advertising, cookies, or pop ups!
  15. Does any of this apply to my CCW?   Absolutely – 100%  – with no exception or opt-out allowed.

Second Amendment groups need to look into this and help spread the word!

Repeated below this line is the original MFN E@lert released 3-01-2013.  Everything above this line is updated and clarifying information.


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