HB 151 Allows the Department of Revenue to issue REAL ID compliant driver's licenses and identification cards
Sponsor: Silvey
LR Number: 0401S.05T Fiscal Notes
Committee: Veterans and Military Affairs
Last Action: 6/12/2017 - Signed by Governor Journal Page:
Title: SS#2 HCS HB 151 Calendar Position:
Effective Date: August 28, 2017
House Handler: Corlew

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Current Bill Summary


SS#2/HCS/HB 151 - This act allows the Department of Revenue to amend procedures for applying for a driver's license or identification card in order to comply with the goals or standards of the federal REAL ID Act of 2005.

This act requires the Department to inform applicants at the time of initial application of the option of being issued a REAL ID driver's license or identification card or nonREAL ID driver's license or identification card, as well as inform applicants as to each license or card's validity for state and federal purposes and any other information the Department deems necessary. Applicants for compliant licenses or cards shall be informed that the facial image capture will only be retained if the application is finished and submitted. The Department then shall issue a nonREAL ID driver's license or identification card to those individuals who object to being issued a REAL ID compliant license or card and shall not retain the source documents of such individuals.

This act expressly provides that biometric data, digital images, source documents, and license signatures shall be retained for no longer than the minimum duration required for compliance, and shall be securely destroyed as early as possible. Documents that are retained shall be stored solely on a system not connected to the internet nor to a wide area network that connects to the internet. Once so stored, the documents will be purged from any previous systems in which they were previously stored. Any database accessible by any other state or the federal government shall contain only the data fields included on compliant licenses and cards, as well as the driving records of the individuals holding the licenses and cards.

This act prohibits access or distribution of data without the express permission of the applicant or a court order, except for certain purposes as specified in the act, and provides criminal penalties for violations of this provision.

This act specifies that the Department of Revenue shall not collect a duplicate license fee for issuance of a REAL ID compliant driver's license or identification card to a person not previously issued a compliant license or card.

The Department is prohibited from amending rules and procedures to comply with changes made to the federal REAL ID Act later than August 28, 2017. If the federal REAL ID Act is modified or repealed such that non-compliant licenses or cards are once again sufficient identification for federal identification purposes, the Department shall not issue compliant licenses or cards and shall securely destroy, within 30 days, any source documents retained for the purpose of compliance with the such act.

This act repeals provisions requiring the Department of Revenue to destroy by December 31, 2013, source documents obtained from driver license applicants after September 1, 2012. The act also repeals a provision prohibiting the Department of Revenue from retaining certificates of qualification for concealed carry endorsements.

These provisions shall expire 5 years after the effective date of this act.

These provisions are similar to SCS/SB 37 & 244 (2017), SB 902 (2016), and to provisions in HCS/HB 361 (2009).

This act provides for issuance of a driver's license or identification card bearing a "veteran" designation when an applicant presents certain documentation of veteran status.

This provision is identical to SCS/SB 279 (2017).

ERIC VANDER WEERD