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HCS/HB 151 - This act specifies that the Department of Revenue shall issue driver's licenses or identification cards that are compliant with the REAL ID Act of 2005 unless the applicant requests a license or card that is not REAL ID compliant. The Department of Revenue shall inform applicants as to each license or card's validity for state and federal purposes, document retention requirements, and any other information the department deems necessary. This act requires the Department of Revenue to give notice to the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Revisor of Statutes when the Department of Homeland Security notifies the Department of Revenue it may issue compliant licenses and cards. This act prohibits the Department of Revenue from utilizing biometric data to produce a license or card, or to uniquely identify licensees or applicants, but such prohibition does not apply to certain persons as necessary for compliance with the federal REAL ID Act. Biometric data or source documents that are retained for this limited purpose shall be retained for no longer than necessary to maintain compliance with the REAL ID Act. This act prohibits the Department of Revenue from implementing an RFID chip or tag in a driver's license or identification card requested under the provisions of this act. Unlawful disclosure or use by any person, department, or department employee, of information obtained under the provisions of this act shall constitute a Class E felony, unless the person or employee acted at the direction of a supervisor, in which case the supervisor shall be guilty of a Class E felony. Neither sovereign nor official immunity shall apply in instances where the information is disclosed to an unauthorized party. If the Department of Revenue is responsible in part or in whole for the disclosure, the person whose information was disclosed shall have a cause of action to recover $25,000 in liquidated damages in addition to compensatory damages, attorney fees, and court costs. Such person shall be entitled to punitive damages if the disclosure was done intentionally and maliciously. None of the foregoing damages shall be paid out of the state legal expense fund, but shall be paid by the person or employee committing the violation. This act contains an emergency clause and a nonseverability clause. This act is similar to SBs 37 & 244 (2017), SB 902 (2016), HCS/HB 2235 (2016), and to provisions in HCS/HB 361 (2009). ERIC VANDER WEERD
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