OKLAHOMA CITY - Believing that Oklahomans should have the right to opt out of the REAL ID Act, which was passed by Congress in 2005, Sen. Kendal Sacchieri (R-Blanchard) filed Senate Resolution 18 last week.
The resolution received a first reading in the Senate on April 29, but, as of press time, no other senators have signed on in support of the measure. Twenty years ago, the REAL ID Act enacted the 9/11 Commission’s recommendation that the federal government establish “standards for the issuance of sources of identification, such as driver’s licenses,” according to the Department of Homeland Security website.
Oklahoma is one of several states that were either slow to comply or, initially, outright refused to implement the federal program to confirm a person’s identity. Required documents to establish identity include a birth certificate or U.S. passport, two items proving residency (utility bills or credit card statements), Social Security number, name change documents and, if applicable, immigration or legal presence documents.
No other delays or extensions to the REAL ID Act have been authorized and, as of May 7, the enhanced driver’s license will be required to board domestic flights, enter military bases or specific federal buildings or nuclear power plants.
“Sixty percent of Oklahomans have declined to participate in the federal REAL ID system,” Sacchieri said in a press release. “Senate Resolution 18 is about protecting Oklahomans’ privacy and preserving their freedom to choose.
“We affirm our citizens’ right to opt out of the federal REAL ID system, and we must also ensure their personal information remains secure. This resolution calls for a real, uncoerced choice — without unnecessary exposure of private data.”
Sacchieri further said that Oklahomans have the right to opt out of the federal identification program under the principles of federalism protected by the 10th Amendment, which defines the powers of state government and the federal government. It states that, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
SR 18 raises concerns over the collection and retention of sensitive biometric information — such as facial recognition data — required for REAL ID-compliant driver’s licenses and identi-fication cards. Although Oklahoma offers both compliant and noncompliant IDs, according to Sacchieri’s press release, the resolution notes that the state currently collects, stores, and shares personal data in the same way for both, creating what it calls a “distinction without a difference.”
The resolution urges the state to ensure a meaningful choice between REAL ID-compliant and noncompliant identification options, particularly by safeguarding personal and biometric data from unwarranted federal access, unless authorized by judicial oversight. Sacchieri believes that SR 18 emphasizes the “importance of preventing coerced compliance with a national identity system and upholding Oklahomans’ constitutional rights.”
A bill originally authored by President Pro Tem Lonnie Paxton (R-Tuttle), Senate Bill 634, was sent last week to Gov. Kevin Stitt’s desk for final approval. It pertains to adding certain members to the Impaired Driving Prevention Advisory Committee and was reassigned to Sen. Spencer Kern (R-Duncan).
In addition, Paxton issued a press release applauding the House on passage of his measure SB 631, which will increase sentencing requirements for shooting into a home or business. It is a public safety measure that, if approved by the governor, will add the crime of maliciously discharging a firearm at or into a home, building or business to the list of offenses requiring convicts to serve at least 85% of their sentence before becoming eligible for parole.
The legislation specifies that only the criminal element will be prosecuted. If the shooting is alleged to be accidental or unintentional, then it will be at the discretion of a district attorney to determine whether the shooting was willful or intentional.
Paxton said in the press release that the legislation is about protecting innocent people and sending a clear message of accountability.
“Oklahomans have the right to feel safe in their homes and communities. Senate Bill 631 strengthens our criminal justice system by making sure those who threaten that safety serve the majority of their sentence behind bars,” he said.
Another bill co-sponsored by Paxton was also sent to the governor’s desk last week. SB 758 pertains to schools and, upon approval, will provide conditions under which virtual instruction may count toward certain required instruction hours or days. It would modify Oklahoma’s school instruction time requirements and new rules would be established for virtual instruction when schools are closed.
The goal of the bill is to ensure that virtual instruction is used sparingly and only under specific, extraordinary circumstances. It is designed to maintain the state’s commitment to in-person classroom learning and to allow flexibility during emergencies.
Three bills co-sponsored by Sen. Brent Howard (R-Altus) were sent to the governor’s desk last week. They are: House Bill 1743, which seeks to modify the state’s probate procedure for summary administration by changing the timing requirement for filing a “combined notice.” This document consolidates various notifications related to estate proceedings. The modifications, if approved, will provide more flexibility in the administrative process while preserving protections for creditors and interested parties in estate settlements.
HB 1991, will, upon approval, amend Section 461 of the state’s criminal procedure statutes to provide additional options for defendants posting bond across jurisdictions. It specifically clarifies and expands existing bail procedures by giving defendants more flexibility in addressing holds across different jurisdictions.
HB 2746 relates to revenue and taxation and seeks to amend state statutes related to the Oklahoma Remote Quality Jobs Incentive Act. Specifically, if approved, it would modify eligibility requirements for basic health benefits plans.
Two bills authored by Sen. Spencer Kern (R-Duncan) were sent to the governor’s desk last week for approval. They are: SB 111, which pertains to contractors and decreasing the number of sewage disposal system installations for certain certification. The bill seeks to reduce the number of individual sewage disposal system installations that require certification from the Oklahoma Department of Environmental Quality from more than 10 per year to more than one per year.
SB 634, which pertains to adding certain members to the Impaired Driving Prevention Advisory Committee. Nineteen members are outlined in the bill text as eligible members of the committee, which meets up to four times per year. New members would include the State Commissioner of Health, the Director of the Department of Transportation, the Executive Director of the Oklahoma Medical Marijuana Authority and the Executive Director of the State Board of Pharmacy.