Missouri Senate

House Committee Substitute

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).

INDEMNIFICATION OF FEE AGENTS - Under the act, the Department of Revenue shall indemnify and hold harmless any fee office for any liabilities, including attorneys' fees, imposed upon a fee office in connection with or arising out of any action or suit if the fee office was acting in the course of its official duties (Section 136.055).

WW I MEMORIAL TRUST FUND - Under this act, the director of the Department of Revenue will no longer collect the $10 voluntary contribution made by military license plate applicants to the WW II Memorial Trust Fund. This act allows motor vehicle registration applicants to make a $1 donation, at the time of application, to the National World War I Museum at Liberty Memorial in Kansas City. The $1 donations shall be deposited in a newly created World War I Memorial 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. The trust fund shall be administered by the Missouri Veterans' Commission (sections 301.020, 301.3031, and 301.3033).

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 documents required to be retained under federal motor carrier regulations.

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.

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.

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.

A portion of this act (the scanning of source documents and biometric provisions) is subject to an emergency clause.

This is act is substantially similar to HCS/SS/SB 252 (2013).

STEPHEN WITTE