Senate Substitute

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.

The 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 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. This act prohibits unauthorized access and distribution of the information collected or retained, and prescribes criminal penalties for such violation. The act specifies that to the extent a database exists, it shall contain only the data fields included on the licenses and cards and the driving records of the individuals holding them.

If driver's licenses and identification cards issued by this state are once again sufficient for federal identification purposes, the Department shall no longer issue compliant licenses or cards, and shall securely destroy any retained source documents within 30 days.

This act prohibits the Department from amending procedures and regulations to comply with amendments made to the federal REAL ID Act after August 28, 2017, imposing additional requirements on applications, document retention, or license or card issuance.

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

The 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 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).

This act contains an emergency clause.

ERIC VANDER WEERD


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