Anti-REAL ID Legislation in MO House

[derdy]

This bill passed committee by 8-0 and has 36 co-sponsors! Final vote is coming up soon. I'm circulating this to all the MO meetups.

Text of the bill:

SECOND REGULAR SESSION

HOUSE BILL NO. 1716

94TH GENERAL ASSEMBLY


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INTRODUCED BY REPRESENTATIVES GUEST (Sponsor), RUESTMAN, TILLEY, TALBOY, McGHEE, HARRIS (110), FUNDERBURK, YATES, DAVIS, DOUGHERTY, SCHIEFFER, BAKER (123), PORTWOOD, WHORTON, NIEVES, LOW (39), SMITH (150), MEINERS, LOWE (44), WALLACE, WILSON (119), SWINGER, DARROUGH, ONDER, WELLS, WETER, DUSENBERG, COOPER (155), RUCKER, OXFORD, BROWN (50), MEADOWS, SCHAD, DAUS, STREAM, BIVINS AND NANCE (Co-sponsors).

Read 1st time January 17, 2008 and copies ordered printed.

D. ADAM CRUMBLISS, Chief Clerk

4280L.02I


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AN ACT

To amend chapter 302, RSMo, by adding thereto one new section relating to noncompliance with the federal REAL ID Act of 2005.


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Be it enacted by the General Assembly of the state of Missouri, as follows:



Section A. Chapter 302, RSMo, is amended by adding thereto one new section, to be known as section 302.183, to read as follows:

302.183. 1. Notwithstanding any provision of this chapter that requires an applicant to provide reasonable proof of residence for renewal of a noncommercial driver's license, noncommercial instruction permit, or a nondriver's license, an applicant shall not have his or her privacy rights violated in order to obtain or renew a Missouri driver's license.

2. Any data derived from a person's application shall not be sold for commercial purposes to any other organization or any other state without the express permission of the applicant without a court order; except such information may be shared with a law enforcement agency, judge, prosecuting attorney, or officer of the court, or with another state for the limited purposes set out in section 302.600 or for conducting driver history checks in compliance with the Motor Carrier Safety Improvement Act, 49 U.S.C. 31309. The state of Missouri shall protect the privacy of its citizens when handling any written, digital, or electronic data, and shall not participate in any standardized identification system using driver's and nondriver's license records.

3. The department of revenue shall not 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, any rules or regulations promulgated under the authority granted in such act, or any requirements adopted by the American Association of Motor Vehicle Administrators for furtherance of the act.

4. The department of revenue shall not expand the motor vehicle records data it shares with other states, the federal government, or other agencies, or provide motor vehicle records data to any additional states, or state or federal agencies, unless authorized by statute.

5. No department or agency of the state charged with motor vehicle registration or operation, the issuance or renewal of driver's licenses, or the issuance or renewal of any identification cards shall collect, obtain, or retain any data in connection with activities related to compliance with the federal Real ID Act of 2005.

6. Any biometric data previously collected, obtained, or retained in connection with motor vehicle registration or operation, the issuance or renewal of driver's licenses, or the issuance or renewal of any identification cards by any department or agency of the state charged with those activities shall be retrieved and deleted from all databases. The provisions of this subsection shall not apply to any data collected, obtained, or retained for a purpose other than compliance with the federal Real ID Act of 2005. For purposes of this section, "biometric data" includes, but is not limited to:

(1) Facial feature pattern characteristics;

(2) Voice data used for comparing live speech with a previously created speech model of a person's voice;

(3) Iris recognition data containing color or texture patterns or codes;

(4) Retinal scans, reading through the pupil to measure blood vessels lining the retina.

7. No citizen of this state shall have his or her privacy compromised by the state or agents of the state. The state shall within reason protect the sovereignty of the citizens the state is entrusted to protect.

•

http://www.house.mo.gov/billtracking...lls/hb1716.htm

Jim Guest is awesome!

[Kludge]

It's too bad Lincoln killed States' rights to secede... Montana has some fine politicians, and even finer citizens. (When I next visit the store, I'll be sure to buy water bottled in Montana >.>)


Good luck, you lot.

[leonster]

Originally Posted by Kludge

It's too bad Lincoln killed States' rights to secede... Montana has some fine politicians, and even finer citizens. (When I next visit the store, I'll be sure to buy water bottled in Montana >.>)


Good luck, you lot.

If I'm not mistaken... MO = Missouri. MT = Montana? So this is Missouri here... :P

[freedom-maniac]

Originally Posted by leonster

If I'm not mistaken... MO = Missouri. MT = Montana? So this is Missouri here... :P

Correct. And MI is Michigan not Mississippi.

Anyways, Amazing! I think as soon as one state kills the REAL ID, others will be soon to follow.

[porcupine]

The way I read this bill, this doesn't get MO out of the Real ID program but just says you can't violtae someone's privacy rights to get a license. It's pretty vague and doesn't say what that means. It is better than nothing I guess.

Glad New Hampshire opted out of Real ID already

[Kludge]

*sighs* well... It was 3 AM... I couldn't sleep.

[derdy]

Originally Posted by porcupine

The way I read this bill, this doesn't get MI out of the Real ID program but just says you can't violtae someone's privacy rights to get a license. It's pretty vague and doesn't say what that means. It is better than nothing I guess.

Glad New Hampshire opted out of Real ID already

It's MO by the way MI is Michigan.

What's vague about it?

3. The department of revenue shall not 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, any rules or regulations promulgated under the authority granted in such act, or any requirements adopted by the American Association of Motor Vehicle Administrators for furtherance of the act.

5. No department or agency of the state charged with motor vehicle registration or operation, the issuance or renewal of driver's licenses, or the issuance or renewal of any identification cards shall collect, obtain, or retain any data in connection with activities related to compliance with the federal Real ID Act of 2005.

Everything in the bill is non-compliance with REAL ID and further protects the privacy rights of the citizens of MO.

The REAL ID is supposed to have all kinds of private data on it (biometric and otherwise) and is only limited to what information is contained therein by the DHS.

This bill kicks ass.

[Gadsden Flag]

People around here are pretty old school. It's not surprising that this passed.

[beachmaster]

Originally Posted by Kludge

It's too bad Lincoln killed States' rights to secede...

Not so.. not unless he also killed the 10th amendment. People only think state's rights was killed. We are what we think (I think).

Think about it.

[porcupine]

Originally Posted by derdy

What's vague about it?

"Can't violate privacy" is very vague because the state will always say they are protecting privacy.

A much better law would be getting rid of the Real ID completely, but it's better than nothing.