The State Sovereignty and Drivers License Protection Act Exposed

The State Sovereignty and Drivers License Protection Act was considered by ALEC's Public Safety and Elections Task Force at the 2012 Spring Task For Summit on May 11, 2012. This bill was part of the ALEC task force agenda between 2010 and 2012, but due to incomplete information, it is not known if the bill passed in a vote by legislators and lobbyists at ALEC task force meetings, if ALEC sought to distance itself from the bill as the public increased scrutiny of its pay-to-play activities, or if key operative language from the bill has been introduced by an ALEC legislator in a state legislature in the ensuing period or became binding law.

ALEC Draft Bill Text

Summary

This Act protects an individual’s personal information and privacy by ending the use of biometrics for all noncommercial driver licenses and identification cards, ending the retention of Social Security numbers by the agency responsible for driver license issuance and preventing the use of RFID devices for such ID documents.

Model Legislation

Section 1. {Definitions}

The following definitions apply in this Act:

(A) "Biometric data," "biometric sample" or "biometric template" means, but is not limited to:

(1) Facial feature pattern characteristics;

(2) A computerized facial image, or a hard copy of a facial image that, when scanned by electronic means, may be used to create a computerized facial image, which exceeds an uncompressed photographic resolution where the width of the head is forty-nine (49) pixels or more of resolution, which corresponds to maximum full image width of eighty-five (85) pixels or more of resolution, and an image height of one hundred six (106) pixels or more of resolution;

(3) Voice data used for comparing live speech with a previously created speech model of the voice of a person;

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

(5) Retinal scans, reading through the pupil to measure blood vessels lining the retina;

(6) Behavior characteristics of a handwritten signature, such as shape, speed, pressure, pen angle, or sequence;

(7) Fingerprints, palm prints, and other methods for measuring or recording ridge pattern or fingertip characteristics;

(8) Keystroke dynamics, measuring pressure applied to key pads;

(9) Hand geometry, measuring hand characteristics, including the shape and length of fingers, in three dimensions; and

(10) Deoxyribonucleic acid (DNA) or ribonucleic acid (RNA).

(B) “Non-Commercial Drivers License” (or “drivers license”) means an original, renewal, or replacement drivers license, a learner permit, or an intermediate drivers license issued by the Department of Motor Vehicles (“DMV”).

(C) "Identification card" means an original, renewal, or replacement identification card issued by the DMV.

Section 2. {Cessation of Biometric Data Comparison and Use}

(A) Upon the effective date of this Act, the DMV shall:

(1) Cease making biometric comparisons and shall be prohibited from making such comparisons thereafter, regarding the issuance of a drivers license or an identification card; and

(2) Cease collecting fingerprint images and shall be prohibited from collecting such images thereafter, regarding the issuance of a drivers license or an identification card.

(B) The DMV shall, on or before the date of implementation of this Act:

(1) Permanently delete from all active databases, archival, or backup storage databases of the DMV any fingerprint images or biometric data, biometric sample or biometric template relating to fingerprint images previously collected, obtained or retained from an applicant for a drivers license or identification card.

(2) Permanently delete from all active databases, archival, or backup storage databases of the DMV, any Social Security number that was previously collected, obtained or retained from an applicant for a drivers license or identification card applicant and thereafter, the DMV shall be prohibited from retaining the Social Security number of an applicant in any active database longer than seventy-two (72) hours or until such time the Social Security number is disclosed to the Department of Human Services; and

(3) Render inoperable all software capable of making biometric comparisons, regarding the issuance of a drivers license or identification card, and at such time when the DMV enters into any new, renewed or altered contract relating to equipment or computer software used in conjunction with the issuance of a drivers license or identification card, the DMV shall permanently remove all existing software capable of making biometric comparisons, even if such software was previously made inoperable. The DMV is further prohibited from installing software capable of making such biometric comparisons thereafter. Fingerprint imaging software and related equipment, used exclusively for the collection of fingerprints for hazardous material commercial driver license issuance, shall be excluded from the provisions of this subsection.

(C) Any facial image, collected by the DMV, for the issuance of a drivers license or an identification card, shall be collected and stored in compliance with this Section, and:

(1) Shall be collected in the format where the facial image collected does not exceed an uncompressed photographic resolution where the width of the head is forty-nine (49) pixels or more of resolution, which corresponds to a maximum full image width of eighty-five (85) pixels or more and a maximum image height of one hundred and six (106) pixels or more; and

(2) In a separate database that is not accessible by any other governmental or nongovernmental entity; and

(3)Shall be collected using a white background; and

(4) Shall not be collected using a blue background so that the image may be more readily distinguished from facial images collected at a higher resolution; and

(5) The DMV shall not retain at any time more than one facial image that was collected after the date of implementation of this act, and thereafter, the collection of any facial image for renewal or replacement of a drivers license or identification card shall cause any previous facial image, collected after the date of implementation of this act, to be permanently and immediately deleted. The Department of Public Safety shall allow an applicant to renew or replace a drivers license at any time for the purpose of submitting to the collection of a facial image that complies with the provisions of this section and all appropriate fees and issuance requirements shall be applicable at that time.

(D) The DMV shall be prohibited from issuing a drivers license or identification card which utilizes the technology known as "Radio Frequency Identification", "RFID", "Radio Frequency Technology", or "RFT", or similar technologies or devices that are capable of storing and transmitting personally identifiable information or unique numbers, codes, or algorithms which directly correlate to personal information held in another location, database, or device.

Section 3. {Exemptions}

(A) The provisions of this Section shall not be construed to prevent the following:

(1) The collection or retention of photographs or fingerprints, including for biometric comparisons, for the purpose of enforcing laws relating to serious traffic offenses including, but not limited to, driving while intoxicated, reckless driving, negligent homicide with the use of a motor vehicle, operating a motor vehicle after being declared a habitual motor vehicle offender, or any other offense for which a physical custody arrest is required;

(2) The collection of fingerprints for the Transportation Security Administration for the purpose of performing criminal record checks required under federal regulations governing the issuance of hazardous materials endorsements on commercial driver licenses and the taking, and retention, of fingerprints for that express purpose;

(3) The use, collection, storage or disclosure of a Social Security number relating to a commercial driver license;

(4) Requesting and receiving motor vehicle and driver license records or from having legal access to information in the possession of the DMV by law enforcement agencies, provided that such access and requests for facial images are specific to individual records and individual persons;

(5) The administration of the Sex Offenders Registration Act as it applies to the issuance of a drivers license or identification card;

(6) The collection of a facial image, complying to the provisions of this section, by a Driver Examiner, and the transmission of such a facial image to an agent of the DMV, to ensure that a person who has appeared before a Driver Examiner is the same person who appears before a motor license agency to obtain a driver license or identification card; or

(7) The performance of the duties of a motor license agent as required by a mandatory law.

Section 4. {Severability clause}

Section 5. {Repealer clause}

Section 6. {Effective date}