HOUSE BILL NO. 3158 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE BOYKO.
6653H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 302.063, 302.067, 302.170, and 302.171, RSMo, and to enact in lieu thereof three new sections relating to driver's licenses, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 302.063, 302.067, 302.170, and 302.171, RSMo, are repealed 2 and three new sections enacted in lieu thereof, to be known as sections 302.067, 302.170, and 3 302.171, to read as follows: 302.067. 1. Any original or certified copy, if applicable, of a document presented by 2 an applicant under this chapter and its accompanying regulations as proof of lawful presence 3 or citizenship to the department of revenue to apply for a driver's license, nondriver's license 4 or instruction permit shall not be required to be presented by the applicant for any subsequent 5 new, renewal, or duplicate application, except: 6 (1) Documents demonstrating lawful presence of any applicant who is not a citizen of 7 the United States, including documents demonstrating duration of the person's lawful 8 presence in the United States, may be required to be presented upon each subsequent 9 application; 10 (2) The department may require the documents to be presented if it is reasonably 11 believed by the department that the prior driver's license or nondriver's license was issued as a 12 result of a fraudulent act of the applicant; 13 (3) Applicants applying for or renewing a commercial driver's license or commercial 14 driver's instruction permit; or 15 (4) The department may require an applicant to present such documents 16 demonstrating lawful presence or citizenship specified in this section in order to correct
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 3158 2
17 any known or presumed error on the driver's license, nondriver's license, or instruction 18 permit. 19 2. The provisions of subsection 1 of this section requiring proof of lawful 20 presence or citizenship shall not apply to noncommercial driver's licenses that are not 21 REAL-ID compliant or to nondriver's licenses or instruction permits that are not 22 REAL-ID compliant. 302.170. 1. As used in this section, the following terms shall mean: 2 (1) "Biometric data" shall include, but not be limited to, the following: 3 (a) Voice data used for comparing live speech with a previously created speech model 4 of a person's voice; 5 (b) Iris recognition data containing color or texture patterns or codes; 6 (c) Retinal scans, reading through the pupil to measure blood vessels lining the retina; 7 (d) Fingerprint, palm prints, hand geometry, measure of any and all characteristics of 8 biometric information, including shape and length of fingertips, or recording ridge pattern or 9 fingertip characteristics; 10 (e) Characteristic gait or walk; 11 (f) DNA; 12 (g) Keystroke dynamic, measuring pressure applied to key pads or other digital 13 receiving devices; 14 (2) "Commercial purposes" shall not include data used or compiled solely to be used 15 for, or obtained or compiled solely for purposes expressly allowed under Missouri law or the 16 federal Drivers Privacy Protection Act; 17 (3) "Source documents", original or certified copies, where applicable, of documents 18 presented by an applicant as required under 6 CFR Part 37 to the department of revenue to 19 apply for a driver's license or nondriver's license. Source documents shall also include any 20 documents required for the issuance of driver's licenses or nondriver's licenses by the 21 department of revenue under the provisions of this chapter or accompanying regulations. 22 2. Except as provided in subsection 3 of this section and as required to carry out the 23 provisions of subsection 4 of this section, the department of revenue shall not retain copies, in 24 any format, of source documents presented by individuals applying for or holding driver's 25 licenses or nondriver's licenses or use technology to capture digital images of source 26 documents so that the images are capable of being retained in electronic storage in a 27 transferable format. 28 3. The provisions of this section shall not apply to: 29 (1) Original application forms, which may be retained but not scanned except as 30 provided in this section; HB 3158 3
31 (2) Test score documents issued by state highway patrol driver examiners and 32 Missouri commercial third-party tester examiners; 33 (3) Documents demonstrating lawful presence of any applicant who is not a citizen of 34 the United States, including documents demonstrating duration of the person's lawful 35 presence in the United States; 36 (4) Any document required to be retained under federal motor carrier regulations in 37 Title 49, Code of Federal Regulations, including but not limited to documents required by 38 federal law for the issuance of a commercial driver's license and a commercial driver 39 instruction permit; 40 (5) Documents submitted by a commercial driver's license or commercial driver's 41 instruction permit applicant who is a Missouri resident and is a qualified current or former 42 military service member which allow for waiver of the commercial driver's license 43 knowledge test, skills test, or both; and 44 (6) Any other document at the request of and for the convenience of the applicant. 45 4. (1) To the extent not prohibited under subsection 13 of this section, the department 46 of revenue shall amend procedures for applying for a driver's license or identification card in 47 order to comply with the goals or standards of the federal REAL ID Act of 2005, any rules or 48 regulations promulgated under the authority granted in such Act, or any requirements adopted 49 by the American Association of Motor Vehicle Administrators for furtherance of the Act, 50 unless such action conflicts with Missouri law. 51 (2) The department of revenue shall issue driver's licenses or identification cards that 52 are compliant with the federal REAL ID Act of 2005, as amended, to all applicants for 53 driver's licenses or identification cards unless an applicant requests a driver's license or 54 identification card that is not REAL ID compliant. Except as provided in subsection 3 of this 55 section and as required to carry out the provisions of this subsection, the department of 56 revenue shall not retain the source documents of individuals applying for driver's licenses or 57 identification cards not compliant with REAL ID. Upon initial application for a driver's 58 license or identification card, the department shall inform applicants of the option of being 59 issued a REAL ID compliant driver's license or identification card or a driver's license or 60 identification card that is not compliant with REAL ID. The department shall inform all 61 applicants: 62 (a) With regard to the REAL ID compliant driver's license or identification card: 63 a. Such card is valid for official state purposes and for official federal purposes as 64 outlined in the federal REAL ID Act of 2005, as amended, such as domestic air travel and 65 seeking access to military bases and most federal facilities; HB 3158 4
66 b. Electronic copies of source documents will be retained by the department and 67 destroyed after the minimum time required for digital retention by the federal REAL ID Act 68 of 2005, as amended; 69 c. The facial image capture will only be retained by the department if the application 70 is finished and submitted to the department; and 71 d. Any other information the department deems necessary to inform the applicant 72 about the REAL ID compliant driver's license or identification card under the federal REAL 73 ID Act; 74 (b) With regard to a driver's license or identification card that is not compliant with 75 the federal REAL ID Act: 76 a. Such card is valid for official state purposes, but it is not valid for official federal 77 purposes as outlined in the federal REAL ID Act of 2005, as amended, such as domestic air 78 travel and seeking access to military bases and most federal facilities; 79 b. Source documents will be verified but no copies of such documents will be 80 retained by the department unless permitted under subsection 3 of this section, except as 81 necessary to process a request by a license or card holder or applicant; 82 c. Any other information the department deems necessary to inform the applicant 83 about the driver's license or identification card. 84 5. The department of revenue shall not use, collect, obtain, share, or retain biometric 85 data nor shall the department use biometric technology to produce a driver's license or 86 nondriver's license or to uniquely identify licensees or license applicants. This subsection 87 shall not apply to digital images nor licensee signatures required for the issuance of driver's 88 licenses and nondriver's licenses or for the use of software for purposes of combating fraud, 89 or to biometric data collected from employees of the department of revenue, employees of the 90 office of administration who provide information technology support to the department of 91 revenue, contracted license offices, and contracted manufacturers engaged in the production, 92 processing, or manufacture of driver's licenses or identification cards in positions which 93 require a background check in order to be compliant with the federal REAL ID Act or any 94 rules or regulations promulgated under the authority of such Act. Except as otherwise 95 provided by law, applicants' source documents and Social Security numbers shall not be 96 stored in any database accessible by any other state or the federal government. Such database 97 shall contain only the data fields included on driver's licenses and nondriver identification 98 cards compliant with the federal REAL ID Act, and the driving records of the individuals 99 holding such driver's licenses and nondriver identification cards. 100 6. Notwithstanding any provision of this chapter that requires an applicant to provide 101 reasonable proof of lawful presence for issuance or renewal of a noncommercial driver's 102 license, noncommercial instruction permit, or a nondriver's license, an applicant shall not HB 3158 5
103 have his or her privacy rights violated in order to obtain or renew a Missouri noncommercial 104 driver's license, noncommercial instruction permit, or a nondriver's license. 105 7. No citizen of this state shall have his or her privacy compromised by the state or 106 agents of the state. The state shall within reason protect the sovereignty of the citizens the 107 state is entrusted to protect. Any data derived from a person's application shall not be sold for 108 commercial purposes to any other organization or any other state without the express 109 permission of the applicant without a court order; except such information may be shared 110 with a law enforcement agency, judge, prosecuting attorney, or officer of the court, or with 111 another state for the limited purposes set out in section 302.600, or for the purposes set forth 112 in section 32.091, or for conducting driver history checks in compliance with the Motor 113 Carrier Safety Improvement Act, 49 U.S.C. Section 31309. The state of Missouri shall 114 protect the privacy of its citizens when handling any written, digital, or electronic data, and 115 shall not participate in any standardized identification system using driver's and nondriver's 116 license records except as provided in this section. The state shall not furnish any list of 117 information or data obtained under this section for purposes of immigration 118 enforcement. 119 8. Other than to process a request by a license or card holder or applicant, no person 120 shall knowingly access, distribute, or allow access to or distribution of any written, digital, or 121 electronic data collected or retained under this section without the express permission of the 122 applicant or a court order, except that such information may be shared with a law enforcement 123 agency, judge, prosecuting attorney, or officer of the court, or with another state for the 124 limited purposes set out in section 302.600 or for conducting driver history checks in 125 compliance with the Motor Carrier Safety Improvement Act, 49 U.S.C. Section 31309. A 126 first violation of this subsection shall be a class A misdemeanor. A second violation of this 127 subsection shall be a class E felony. A third or subsequent violation of this subsection shall 128 be a class D felony. 129 9. Any person harmed or damaged by any violation of this section may bring a civil 130 action for damages, including noneconomic and punitive damages, as well as injunctive 131 relief, in the circuit court where that person resided at the time of the violation or in the circuit 132 court of Cole County to recover such damages from the department of revenue and any 133 persons participating in such violation. Sovereign immunity shall not be available as a 134 defense for the department of revenue in such an action. In the event the plaintiff prevails on 135 any count of his or her claim, the plaintiff shall be entitled to recover reasonable attorney fees 136 from the defendants. 137 10. The department of revenue may promulgate rules necessary to implement the 138 provisions of this section. Any rule or portion of a rule, as that term is defined in section 139 536.010, that is created under the authority delegated in this section shall become effective HB 3158 6
140 only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, 141 section 536.028. This section and chapter 536 are nonseverable and if any of the powers 142 vested with the general assembly pursuant to chapter 536 to review, to delay the effective 143 date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant 144 of rulemaking authority and any rule proposed or adopted after August 28, 2017, shall be 145 invalid and void. 146 11. Biometric data, digital images, source documents, and licensee signatures, or any 147 copies of the same, required to be collected or retained to comply with the requirements of the 148 federal REAL ID Act of 2005 shall be digitally retained for no longer than the minimum 149 duration required to maintain compliance, and immediately thereafter shall be securely 150 destroyed so as to make them irretrievable. 151 12. No agency, department, or official of this state or of any political subdivision 152 thereof shall use, collect, obtain, share, or retain radio frequency identification data from a 153 REAL ID compliant driver's license or identification card issued by a state, nor use the same 154 to uniquely identify any individual. 155 13. Notwithstanding any provision of law to the contrary, the department of revenue 156 shall not amend procedures for applying for a driver's license or identification card, nor 157 promulgate any rule or regulation, for purposes of complying with modifications made to the 158 federal REAL ID Act of 2005 after August 28, 2017, imposing additional requirements on 159 applications, document retention, or issuance of compliant licenses or cards, including any 160 rules or regulations promulgated under the authority granted under the federal REAL ID Act 161 of 2005, as amended, or any requirements adopted by the American Association of Motor 162 Vehicle Administrators for furtherance thereof. 163 14. If the federal REAL ID Act of 2005 is modified or repealed such that driver's 164 licenses and identification cards issued by this state that are not compliant with the federal 165 REAL ID Act of 2005 are once again sufficient for federal identification purposes, the 166 department shall not issue a driver's license or identification card that complies with the 167 federal REAL ID Act of 2005 and shall securely destroy, within thirty days, any source 168 documents retained by the department for the purpose of compliance with such Act. 302.171. 1. (1) Except as provided under subdivision (2) of this subsection, the 2 director shall verify that an applicant for a driver's license is a Missouri resident or national of 3 the United States or a noncitizen with a lawful immigration status, and a Missouri resident 4 before accepting the application. The director shall not issue a driver's license for a period 5 that exceeds the duration of an applicant's lawful immigration status in the United States. The 6 director may establish procedures to verify the Missouri residency or United States 7 naturalization or lawful immigration status and Missouri residency of the applicant and 8 establish the duration of any driver's license issued under this section. An application for a HB 3158 7
9 license shall be made upon an approved form furnished by the director. Every application 10 shall state the full name, Social Security number, age, height, weight, color of eyes, sex, 11 residence, mailing address of the applicant, and the classification for which the applicant has 12 been licensed, and, if so, when and by what state, and whether or not such license has ever 13 been suspended, revoked, or disqualified, and, if revoked, suspended or disqualified, the date 14 and reason for such suspension, revocation or disqualification and whether the applicant is 15 making a one or more dollar donation to promote an organ donation program as prescribed in 16 subsection 2 of this section, to promote a blindness education, screening and treatment 17 program as prescribed in subsection 3 of this section, or the Missouri medal of honor 18 recipients fund prescribed in subsection 4 of this section. A driver's license, nondriver's 19 license, or instruction permit issued under this chapter shall contain the applicant's legal name 20 as it appears on a birth certificate or as legally changed through marriage or court order. No 21 name change by common usage based on common law shall be permitted. The application 22 shall also contain such information as the director may require to enable the director to 23 determine the applicant's qualification for driving a motor vehicle; and shall state whether or 24 not the applicant has been convicted in this or any ot