Senate Substitute

SS/SB 252 - 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.

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 the act, the Department of Revenue is prohibited from retaining 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 Department of Revenue is prohibited from using technology to capture digital images of a certificate of qualification. The Department of Revenue shall merely verify whether the applicant for a driver's license or nondriver's license has presented a certificate of qualification which will allow the applicant to obtain a concealed carry endorsement. The Department of Revenue shall not compile or retain a list of driver's license or nondriver's license applicants who have been issued concealed carry endorsements. An applicant's status as a holder of a certificate of qualification or a concealed carry endorsement shall not be retained in the department's computer information systems nor shall the Department of Revenue implement or maintain a computer information system that allows its employees, agents, or other computer users to cross-reference and review, using the name of driver's license holder or nondriver's license holder, any driver's license holder or nondriver's license holder's status as a holder of a certificate of qualification or a concealed carry endorsement. By December 31, 2013, the Department of Revenue shall securely destroy so as to make irretrievable any copies of certificates of qualification that have been obtained from driver's license or nondriver's license applicants.

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.

This act contains an emergency clause.

STEPHEN WITTE


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