Missouri Department of Revenue Operating In Direct Violation of State Statutes !          

See IMMEDIATE ACTION NEEDED: Below

Non-Drivers Note: All references in this E@lert to driver’s licenses also include all non-driver’s license IDs.

RECENT HISTORY BACKDROP:

Through MFN’s past 28 years of work at the Missouri State Capitol, dealing with a broad scope of public policy, we have worked with efforts on a variety of occasions to help reign in the Missouri Department of Revenue.  Every decade we have had to work hard to pass laws limiting the efforts of DOR’s Driver’s License bureaucracy to collect, record, imprint, violate religious liberties, or even commercially sell citizens’ private information, or to otherwise intrude upon the privacy rights of the citizens of Missouri.  MFN has worked to:

–          prevent DOR from adding your bank account numbers and other invasive details to their driver’s license files

–          prevent DOR from including unnecessary and intrusive personal information on the magnetic strip on your driver’s license card

–          prevent DOR from selling your personal information on the commercial market

–          prevent DOR from mandating your driver’s license number to be the same as your Social Security number if you request otherwise

For those who have followed our work in more recent years you will remember how we have taken on DOR in a completely different arena as the tax collections division began taxing churches under the “Out of State Entertainers Tax” provisions of law.  While we were successful in that fight also (HB 470, 2011) it had nothing to do with the driver’s license battles outlined above.

Those individuals holding a CCW endorsement may elect to have that endorsement printed on their driver’s license or they may opt to have a second and independent CCW card rather than having the CCW endorsement printed on their driver’s license.  This was part of the thirteen year legislative debate regarding concealed carry law and had nothing to do with any disputes or debates with the Dept. of Revenue.

MFN’s involvement in the 15 or 15 ½ year old learner’s permit laws with parental guidelines has never been a part of conflict with DOR.  Nor has MFN’s efforts to support better enforcement standards related to driving under the influence of alcohol or drugs been opposed by DOR.

NEW DEVELOPMENTS:

In keeping with restrictions in State Statutes, and faced with federal encroachments of the 2005 Patriot Act, the Missouri Department of Revenue has been requiring Missouri citizens processing driver license applications and renewals to present what is commonly referred to as “source documents” to prove identity and residency.  These required documents include birth certificates, Social Security numbers (in violation of original federal laws related to them), and any documents tracing legal name changes such as marriage and/or divorce documents.  Alternative military documents are acceptable when applicable.

Despite assurances to the public that providing these source documents would be a “one time” imposition, last November DOR announced that those who had already been processed using these documents would have to do so again the next time they renewed their driver’s license.  Why?  Until recently your local licensing office has been directed to simply check off boxes on processing forms that a license or renewal applicant has produced and shown each of these source documents.  However, we now understand that DOR has changed this process in direct violation of Missouri State Statues and is once again violating your personal privacy rights!  Without seeking statutory approval, or even informing lawmakers or any legislative oversight – DOR has been retooling your local license office!  They have been doing this without explaining themselves to the general public, and according to confidential sources they have been trying to avoid public scrutiny even to the point of refusing questions from local license office personnel!

One by one DOR has been removing the State’s driver’s license processing equipment from local offices and replacing it with equipment provided by National Homeland Security equipment.  Local license office personnel are being instructed to use this equipment (in violation of State Statutes and citizen’s privacy).  Once installed this equipment is used to take your picture for your driver’s license similar to the removed State equipment.  But now your photo is being immediately sent into a national database.  Then all of your source documents are being scanned with this equipment and sent into the federal governments central database also!  This is contrary to Missouri Law!  With DOR removing the state’s equipment, your local licensing office has no options but to comply.

Additionally we are hearing from some folks that any and all additional documents, brought in by individuals unsure of what is needed for processing, are being scanned and included.  And, if you are one of the thousands of citizens who only use a post office box rather than a physical mailbox, you are automatically labeled with a fraud alert!

To make matters worse.  You will no longer receive your driver’s license on the spot as has been with the state’s efficient equipment.  Instead you will be provided a “temporary” license until your permanent one arrives in the mail from a third party vendor.  What is unclear is who is paying the third party vendor, apparently in a seeming ruse to make it look like everything is being directed from within the State.  We believe this is to distract attention from the involvement of the federal Homeland Security and their issuance and/or control of everyone’s new “Enhanced Driver’s License” (see Homeland Security website page enclosed below).  Note the primary purpose of all this is to include a readable chip in your driver’s license which leads back to a federal government database containing a variety of details and information violating your privacy rights and the religious convictions and liberties of those who hold such beliefs.

THIS WEEK:

On Wednesday of this week, February 27, 2013, the Missouri Senate Transportation Committee held a public hearing on Senate Bill 252 (http://www.senate.mo.gov/13info/pdf-bill/intro/SB252.pdf) which seeks to strengthen current laws against what DOR is doing.  SB 252 was introduced by Senator Will Kraus (republican, Dist. 8, Lee’s summit).  During the hearing MFN was the only witness to provide public testimony on the bill.  In that hearing MFN President Kerry Messer quoted one of the State Statutes prohibiting DOR from doing the things now being required of local licensing offices.  MFN outlined some of the direct violations of law DOR is engaged in.  MFN outlined the illegal changes in DOR procedures, testifying (in part):

“Missouri Revised Statutes, Chapter 32.091.7 clearly states two prohibitions on the Missouri Department of Revenue without “specific statutory authorization”.  First is that the Department “shall not collect” individually identifying information on driver’s license applicants, which the Department is requiring of local license offices by requiring them to scan personal source documents without any other options for processing driver’s licenses.  Secondly the Department is prohibited from including “any information by which an individual may be identified, unless the department has specific statutory authorization”, which is also being violated by the Department.  In this second violation the Department is requiring local licensing offices to provide scanned documents to a federal database that can be cross-referenced through an embedded microchip containing a personalized reference number that may be used to access whatever prohibited information the federal agency chooses.” 

Yes, that’s right, not only is the magnetic strip once again being used for improper purposes, but now DOR is authorizing an RFID chip to be implanted into your license card!  While Homeland Security claims this is secure because only a reference number will be on the chip, this individualized number traces back to the federal government’s file containing all your source documents (and who know what else).  Citizens’ confidence in this security is understandable questionable in light of the common news reports of computer hacking, including government databases.  The fact that your new “Enhanced Driver’s License” comes in a protective slip cover to minimize illegal readings is of little comfort.

IMMEDIATE ACTION NEEDED:

Because the Department of Revenue has been retooling your local license offices without legal State Statutory authorization, they have not informed your elected Representative or Senator about their activities.  Thus your elected officials do not know what is going on.  Additionally, due to the loss of institutional memory (thanks to restrictive term limits) they do not have knowledge of the history associated with this battle.  This includes the fact that the vast majority of lawmakers don’t understand that they have been illegally bypassed by DOR, or even know that they have authority to deal with DOR’s violations!

Please contact both your State Representative and Senator.  Explain to them:

1. That you are outraged by these violations of your privacy!

2. The offense to you as a taxpayer of DOR’s violations of State Statutes!

3. The audacity of the Department of Revenue to seemingly keep the general public from knowing the whole truth about what they are doing!

4. Lastly, offer your opinion on the affront that DOR would work so well with a federal bureaucracy but not be willing to be transparent and

forthcoming to inform or seek appropriate authority from the elected representatives of the people they serve!

Review the additional background information provided below.  Then please contact both your State Representative and State Senator to support SB 252, and to ask that your elected officials hold Department of Revenue officials accountable for these violations!

Find your elected Representative and Senator and their contact information at: http://www.house.mo.gov/legislatorlookup.aspx?zip=  or, if you have their names you may call the State Government Operator during business hours at: 573-751-2000.

Missouri State Statutes Related to DOR’s Illegal Actions  (Bolded highlighting for emphases only)

32.091. RSMo  
State Department of Revenue, Definitions–disclosure of individual motor vehicle records, when–certain disclosures prohibited without express consent–disclosure pursuant to United States law–disclosure for purposes of public safety–certain information not to be collected, when.

32.091. 1. As used in sections 32.090 and 32.091, the following terms mean:

(1) “Motor vehicle record”, any record that pertains to a motor vehicle operator’s permit, motor vehicle title, motor vehicle registration or identification card issued by the department of revenue;

(2) “Person”, an individual, organization or entity, but does not include a state or agency thereof;

(3) “Personal information”, information that identifies an individual, including an individual’s photograph, Social Security number, driver identification number, name, address, but not the five-digit zip code, telephone number, and medical or disability information, but does not include information on vehicular accidents, driving violations and driver’s status.

2. The department of revenue may disclose individual motor vehicle records pursuant to Section 2721(b)(11) of Title 18 of the United States Code and may disclose motor vehicle records in bulk pursuant to Section 2721(b)(12) of Title 18 of the United States Code, as amended by Public Law 106-69, Section 350, only if the department has obtained the express consent of the person to whom such personal information pertains.

3. Notwithstanding any other provisions of law to the contrary, the department of revenue shall not disseminate a person’s driver’s license photograph, Social Security number and medical or disability information from a motor vehicle record, as defined in Section 2725(1) of Title 18 of the United States Code without the express consent of the person to whom such information pertains, except for uses permitted under Sections 2721(b)(1), 2721(b)(4), 2721(b)(6) and 2721(b)(9) of Title 18 of the United States Code.

4. The department of revenue shall disclose any motor vehicle record or personal information permitted to be disclosed pursuant to Sections 2721(b)(1) to 2721(b)(10) and 2721(b)(13) to 2721(b)(14) of Title 18 of the United States Code except for the personal information described in subsection 3 of this section.

5. Pursuant to Section 2721(b)(14) of Title 18 of the United States Code, any person who has a purpose to disseminate to the public a newspaper, book, magazine, broadcast or other similar form of public communication, including dissemination by computer or other electronic means, may request the department to provide individual or bulk motor vehicle records, such dissemination being related to the operation of a motor vehicle or to public safety. Upon receipt of such request, the department shall release the requested motor vehicle records.

6. This section is not intended to limit media access to any personal information when such access is provided by agencies or entities in the interest of public safety and is otherwise authorized by law.

7. The department of revenue shall not collect from persons applying for any driver’s license issued by the department any information by which such persons can be individually identified, unless the department has specific statutory authorization to collect such information; nor shall the department of revenue include on any driver’s license, in print, magnetic, digital, or any other format, any information by which an individual may be identified, unless the department has specific statutory authorization to include such information.

(L. 1997 S.B. 19 § 2, A.L. 2000 H.B. 1797, A.L. 2001 H.B. 897 merged with S.B. 540)

302.183. RSMo  Proof of residency, issuance or renewal of license, privacy rights not to be violated, confidentiality of data.

1. Notwithstanding any provision of this chapter that requires an applicant to provide reasonable proof of residence for issuance or 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 noncommercial driver’s license, noncommercial instruction permit, or a nondriver’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. For purposes of this subsection, “commercial purposes” does not include data used or compiled solely to be used for, or obtained or compiled solely for purposes expressly allowed under the Missouri or federal Drivers Privacy Protection Act.

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. 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;

(5) Fingerprint, palm prints, hand geometry, measuring of any and all characteristics of biometric information, including shape and length of fingertips or recording ridge pattern or fingertip characteristics;

(6) Eye spacing;

(7) Characteristic gait or walk;

(8) DNA;

(9) Keystroke dynamics, measuring pressure applied to key pads or other digital receiving devices.

5. 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.

(L. 2009 H.B. 361, A.L. 2010 H.B. 2161)

302.340. RSMo Each Day’s Violation Deemed Additional Criminal Offenses

Whenever in sections 302.010 to 302.540 the doing of anything is required or is prohibited or is declared to be unlawful, any person who shall be convicted of a violation thereof shall be deemed guilty of a class A misdemeanor.  Each day’s violation of or failure, refusal or neglect to comply with any provision of sections 302.010 to 302.540 shall constitute a separate and distinct offense.

(RSMo 1939 § 8404, A.L. 1951 p. 678, A.L. 1989 1st Ex. Sess. H.B. 3) Effective 7-27-89

National Homeland Security’s Website Describing “Enhanced Driver’s Licenses”

In their own public posting Homeland Security explains how the RFID chip contains a cross-reference number allowing access to the individual source documents supplied by States’ licensing offices.   While Homeland Security claims that by using this cross-reference number the card/chip “does not contain any personally identifiable information”, it is a violation of State Statute for the Missouri Department of Revenue to enable or otherwise facilitate such use “by which” “an individual may be identified”.

Homeland Security website, Enhanced Driver’s Licenses: What Are They?

http://www.dhs.gov/enhanced-drivers-licenses-what-are-they

Enhanced Drivers Licenses: What Are They?