Tennessee Legislation
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HB 2059 by *Lynn, Carr. (*SB 0153 by *Ketron.)

Criminal Offenses - As introduced, classifies as a Class A misdemeanor, subject to a fine only, the unauthorized implantation of an electronic identification and/or tracking device or mark placed on any human being. - Amends TCA Title 39.

Fiscal Summary

Increase Local Revenue - Not Significant Increase
Local Expenditures - Not Significant

Bill Summary

This bill prohibits any person from knowingly requiring, coercing, or causing an individual to have an identification or tracking device or mark permanently incorporated into or on the body, skin, teeth, hair, or fingernails of the individual. For purposes of this bill, an "identification or tracking device or mark" is any technology capable of storing or passively or actively transmitting an individual's identity, characteristics, status, group membership, travel history, or location, or capable of storing or transmitting an identifier that could be linked with any such information.

This bill prohibits any person from using an identification or tracking device or mark in or on the person of an individual to identify the individual or as a means to track the individual without the individual's consent.

This bill prohibits any person from using the absence of an identification or tracking device or mark as a basis for discriminating against an individual for any purpose.

This bill requires informed written consent before an identification or tracking device or mark is implanted or incorporated into an individual. This bill requires that any individual who undergoes implantation or incorporation of an identification or tracking device or mark be at least 18 years of age and of sound mind in order to give informed consent to such implantation or incorporation. The consent of a guardian, guardian ad litem, attorney-in-fact, parent, or other agent would not be considered adequate consent for purposes of this bill.

This bill prohibits the implantation or incorporation of an identification or tracking device into or on a human corpse.

Any violation of this bill would be a Class A misdemeanor, subject to fine only.

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HB2059 by Lynn -
JUDICIARY COMMITTEE:

Recommended for passage w/amendments- refer to: Calendar & Rules Committee 3/16/2010 Failed

Ayes................................................5
Noes................................................5
Present and not voting....................1

Representatives voting aye were: Camper, Matheny, Sontany, Stewart, Watson -- 5.
Representatives voting no were: Bass, Coleman, Dennis, Fincher, Lundberg -- 5.
Representatives present and not voting were: Coley -- 1.

HB2059 by Lynn -
CRIMINAL PRACTICE AND PROCEDURE OF JUD:

Recommended for passage w/amendments- refer to: Judiciary Committee 3/3/2010 Voice Vote - Ayes Prevail

http://wapp.legislature.state.tn.us/apps/BillInfo/Default.aspx?BillNumber=HB2059

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Response to the Real ID Act of 2005

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SENATE JOINT RESOLUTION 248

By Henry

A RESOLUTION opposing the implementation of the REAL ID Act of 2005.

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

WHEREAS, some of the requirements of the REAL ID Act are that states shall:

(1) issue a driverís license or state identification card in a uniform format, containing uniform information, all as prescribed by the Department of Homeland Security;

(2) verify the issuance, validity, and completeness of all primary documents used to issue a driverís license, such as those showing that the bearer is a United States citizen or a lawful alien, a lawful refugee, or a person holding a valid visa;

(3) provide for the secure storage of all primary documents which are used to issue a federally-approved driverís license or state identification card;

(4) provide fraudulent document recognition training to all persons engaged in issuing driverís licenses or state identification cards; and

(5) issue a driverís license or state identification card in a prescribed format if it is a license or card that does not meet the criteria provided for a federally-approved license or identification card; and

WHEREAS, use of the federal minimum standards for state driverís licenses and stateissued identification cards will be necessary for any type of federally regulated activity for which an identification card must be displayed, including flying in a commercial airplane, making transactions with a federally licensed bank, entering a federal building, or making application for federally supported public assistance benefits, including Social Security; and

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WHEREAS, some of the intended privacy requirements of the REAL ID Act, such as the use of common machine-readable technology and state maintenance of a database that can be shared with the United States and agencies of other states, may actually make it more likely that a federally-required driverís license or state identification card, or the information about the bearer on which the license or card is based, will be stolen, sold, or otherwise used for purposes for which it was never intended or that are criminally related than if the REAL ID Act had not been enacted; and

WHEREAS, the REAL ID Act is estimated to cost Tennessee fifty million dollars to implement; and

WHEREAS, the mandate to the states, through federal legislation that provides no funding for its requirements, to issue what is, in effect, a national identification card appears to be an attempt to commandeer the political machinery of the states and to require them to be agents of the federal government, in violation of the principles of federalism contained in the Tenth Amendment to the United States Constitution, as construed by the United States Supreme Court in New York v. United States, 488 U.S. 1041 (1992), United States v. Lopez, 514 U.S. 549 (1995), and Printz v. United States, 521 U.S. 898 (1997); now, therefore,

BE IT RESOLVED BY THE SENATE OF THE ONE HUNDRED FIFTH GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, THE HOUSE OF REPRESENTATIVES CONCURRING, that the REAL ID Act of 2005 enacted by the United States Congress not be implemented by the State of Tennessee by reason of the holdings in the cases of the United States Supreme Court in New York v. United States, 488 U.S. 1041 (1992), United States v. Lopez, 514 U.S. 549 (1995), and Printz v. United States, 521 U.S. 898 (1997).

BE IT FURTHER RESOLVED, that there be no implementation of the REAL ID Act of 2005, unless and until funding for the same is furnished by the United States government.

BE IT FURTHER RESOLVED, that an enrolled copy of this resolution be transmitted to the Honorable George W. Bush, President of the United States; the Speaker and the Clerk of the U.S. House of Representatives; the President and the Secretary of the U.S. Senate; and each member of Tennesseeís Congressional delegation.

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