JEFFERSON CITY— Today Sen. Eric Schmitt, R-Glendale, chairman of the Joint Committee on Administrative Rules, conducted a hearing on the Department of Revenue’s failure to promulgate rules regarding the issuance of driver’s licenses and the scanning of its source documents. Earlier this year, it came to light that the Department of Revenue began to scan and retain copies of source documents required for identity verification, which was contrary to previous policy.

The committee requested that Acting Director John Mollenkamp attend the hearing to testify. In a rare move, the director chose not to attend, citing a schedule conflict. Paul Harper, the department’s Legislative Director, and Trevor Bossert, General Counsel for the department, attended in his place.

“I am disappointed that Acting Director Mollenkamp chose not to attend the JCAR hearing this morning,” said Sen. Schmitt. “This is a serious matter and his absence was disturbing and left many unanswered questions.”

On April 11, Sen. Schmitt sent a letter requesting the department begin the rulemaking process within 10 days so that the public might make comments on the new procedures for license issuance.

The department admitted today that rulemaking should have taken place previously. The department also provided a draft rule that would prohibit the scanning and retention of most source documents.

Harper admitted the department is maintaining a database of all new licenses and its source documents, including endorsements. Bossert further insisted that the storing of millions of source documents for driver’s licenses or non-driver’s license ID cards did not impact the rights of Missourians.

Schmitt questioned the department today about a 2010 letter from Secretary of Homeland Security Janet Napolitano thanking the governor for his “efforts to comply with the REAL ID Act of 2005 and its implementing regulations (6 C.F.R. part 37).”

“We discovered at our hearing that the department contemplated changing its procedures as early as 2010, which included scanning source documents,” said Sen. Schmitt. “If the department believes it is appropriate to promulgate a rule regarding scanning today, the question remains: Why did they not promulgate a rule when it first changed its policy?”

Senator Schmitt also distributed to the committee members material demonstrating a drastic decline in the number of rule filings by the department. This dropped from 152 in 2010 to 20 in 2011, and to 17 in 2012.

“I hope this is just a statistical anomaly, but I doubt it,” he said.

The senator also worries this is just the latest development in a broader concern about state agencies violating the law and evading oversight.

“If we do not address this issue, the public’s trust in their state government will disappear,” said Sen. Schmitt. “This could fundamentally change how people view our state agencies.”