HB 361
Prohibits the Department of Revenue from amending its driver's license application procedures in order to comply with the federal REAL ID Act
Sponsor:
LR Number:
0637L.03T
Last Action:
7/13/2009 - Signed by Governor
Journal Page:
Title:
HCS HB 361
Calendar Position:
Effective Date:
August 28, 2009
House Handler:

Current Bill Summary

HCS/HB 361 - Under the current law, the department must verify that an applicant for a driver's license is lawfully present in the United States before accepting the application, and the license cannot be issued for a period that exceeds the applicant's lawful presence. The act requires the department to verify that an applicant for a driver's license is a Missouri resident or national of the United States or a noncitizen with lawful immigration status and a Missouri resident before accepting the application. The driver license cannot be issued for a period that exceeds the duration of the applicant's lawful immigration status.

For the renewal of a noncommercial driver's license, noncommercial instruction permit, or nondriver's license, a photocopy of an applicant's United States birth certificate along with another form of identification approved by the department of revenue, including any United States military identification or discharge papers, will be sufficient proof of Missouri citizenship.

The act specifies that an applicant for a driver's license, nondriver's license, or instruction permit cannot have his or her privacy rights violated in order to obtain or renew a driver's license.

The act provides that any data derived from a person's driver's license application shall not be sold for commercial purposes without the express permission from the applicant. Information derived from an application may be shared with law enforcement agencies, courts, prosecuting attorneys, or other states for the purpose of implementing the driver's license compact or conducting driver history checks to comply with the federal laws regarding motor carrier safety. The act provides that Missouri shall protect the privacy of its citizens when handling digital or electronic data and shall not participate in any standardized identification system using driver's and nondriver's license records.

Under the terms of the act, the Department of Revenue is prohibited from amending procedures for applying for a driver's license or identification card in order to comply with the goals or standards of the federal REAL ID Act.

Under the act, any biometric data previously collected, obtained, or retained by any state department or agency responsible for motor vehicle registration or operation or the issuance or renewal of driver's licenses or identification cards must be retrieved and deleted from all databases. The deletion mandate does not apply to data collected and retained for purposes other than complying with the federal REAL ID Act.

STEPHEN WITTE

Amendments