SB 252 Modifies provisions relating to the Department of Revenue, including provisions that prohibit the Department from retaining copies of source documents used to obtain driver's licenses
Sponsor: Kraus
LR Number: 0626H.06T Fiscal Note available
Committee: Transportation and Infrastructure
Last Action: 7/1/2013 - Signed by Governor Journal Page: S2476
Title: HCS SS SB 252 Calendar Position:
Effective Date: Emergency clause
House Handler: Richardson

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Current Bill Summary


HCS/SS/SB 252 - This act enacts several provisions pertaining to the operations of the Department of Revenue.

FEE AGENTS UNDER THE STATE LEGAL EXPENSE FUND - Under this act, moneys in the state legal expense fund shall be available for the payment of any claim or final judgment against any person appointed as a fee agent by the Department of Revenue, to the extent that the fee agent's actions or inactions upon which the claim or judgment is based were performed in the course of the person's official duties as a fee agent (Section 105.711).

WW I MEMORIAL TRUST FUND -This act ends the funding stream for the WW II Memorial Trust Fund and creates the World War I Memorial Trust Fund. Under the act, whenever a vehicle owner makes an application for a military license plate, the director shall notify the applicant that he or she may make a $10 donation to the World War I Memorial Trust Fund, which is established by the act. For nonmilitary license plates, applicants may voluntarily contribute $1 to the trust fund. The trust fund shall be used for the sole purpose of funding the National World War I Museum at Liberty Memorial in Kansas City and the trust fund shall be administered by the Missouri Veteran's Commission (Sections 301.3031 and 301.3033). These provisions are similar to the ones contained in SB 397 (2013)

SCANNING OF SOURCE DOCUMENTS FOR DRIVER'S LICENSES AND NONDRIVER'S LICENSES - Under this act, the department of revenue shall not retain copies, in any format, of source documents presented by individuals applying for or holding driver's licenses or nondriver's licenses. In addition, the Department of Revenue shall not use technology to capture digital images of source documents so that the images are capable of being retained in electronic storage in a transferable format.

The scanning and retention provisions of the act shall not apply to:

(1) Original application forms, which may be retained but not scanned;

(2) Test score documents issued by state highway patrol driver examiners;

(3) Documents demonstrating lawful presence of any applicant who is not a citizen of the United States, including documents demonstrating duration of the person's lawful presence in the United States;

(4) Any document required to be retained under federal motor carrier regulations relating to the issuance of commercial driver's license; and

(5) Any other document at the request of and for the convenience of the applicant where the applicant requests the department of revenue review alternative documents as proof required for

issuance of a driver license, nondriver license, or instruction permit.

The act further requires the Department of Revenue, by December 31, 2013, to securely destroy any source documents that have been obtained from driver's license or nondriver's license applicants after September 1, 2012.

Under the terms of the act, as long as the department has the authority to issue a concealed carry endorsement, the department shall not retain copies of any certificate of qualification for a concealed carry endorsement presented to the department for an endorsement on a driver's license or nondriver's license. In addition, the act further requires the department to purge any copies of certificates of qualification that have been obtained from driver's license and nondriver's license applicants.

Under the act, any person harmed or damaged by any violation of scanning and retention provision may bring a civil action for damages, including non-economic and punitive damages, as well as injunctive relief, in the circuit court where that person resided at the time of the violation or in the circuit court or the circuit court of Cole County to recover such damages from the department of revenue and any persons participating in such violation. Sovereign immunity shall not be available as a defense for the department of revenue in such an action. In the event the plaintiff prevails on any count of his or her claim, the plaintiff shall be entitled to recover reasonable attorney fees from the defendants (HA 2).

The act defines "source documents" as original or certified copies of documents presented by an applicant as required under federal law to the Department of Revenue to apply for a driver's license or nondriver's license. Source documents shall also include any documents required for the issuance, renewal, or replacement of driver's licenses or nondriver's licenses by the Department of Revenue.

BIOMETRIC DATA - Under current law, biometric data previously collected or retained in connection with motor vehicle registrations, driver's licenses, and nondriver's licenses must be deleted from all state databases. This purging provision, however, does not apply to any data collected, obtained, or retained for a purpose other than compliance with the federal REAL ID Act. This act removes this qualifier so that the purging of state databases applies to all biometric data collected, obtained, or retained in connection with motor vehicle registrations, driver's licenses, and nondriver's licenses.

Under this act, the Department of Revenue shall not use, collect, obtain, share, or retain biometric data nor shall the department use biometric technology, including, but not limited to, retinal scanning, facial recognition or fingerprint technology, to produce a driver's license or nondriver's license or to uniquely identify licensees or license applicants for whatever purpose. The act shall not apply to digital images nor licensee signatures that are required for the issuance of driver's licenses and nondriver's license.

PROHIBITION AGAINST STATE AGENCIES SHARING FIREARM INFORMATION WITH THE FEDERAL GOVERNMENT - Under the act, no state agency or department, or contractor or agent working for the state, shall construct, enable by providing or sharing records to, maintain, participate in, or develop, or cooperate or enable the federal government in developing, a database or record of the number or type of firearms, ammunition, or firearms accessories that an individual possesses (Section 571.500)(HA 3).

Under the act, no state agency shall disclose to the federal government the statewide list of persons who have obtained a concealed carry endorsement or permit. Nothing in this section shall be construed to restrict access to individual records by any criminal justice agency authorized to access the Missouri uniform law enforcement system (Section 1)(HA 5).

A portion of this act is subject to an emergency clause.

STEPHEN WITTE