Monday, March 16, 2009

Computer Chip To Be Used in AR Driver's License if HB1978 passes (Corrected Form)

(This law failed in the House by 3 votes today but it can, and I am sure, will be voted on again. I understand Governor Beebe is pushing it. It has not come before the Senate yet. )


AR Enhanced Driver's License bill (HB1978) Says No Computer Chip will Be Used in Driver's License
A National Bill Says Computer Chips Are Required
See quotes and links below:

Quote from Arkansas HB1978 called Enhanced Driver's License bill
page 4, lines 10-14. http://www.arkleg.state.ar.us/assembly/2009/R/Bills/HB1978.pdf
10 (e) In addition to the requirements of this subchapter, a voluntary
11 enhanced security driver’s license, voluntary enhanced security commercial
12 driver’s license, or voluntary enhanced security identification card issued
13 under this subchapter shall be subject to all provisions of the Driver's
14 License Security and Modernization Act, § 27-16-1101 et seq.

This quote which was an amendment to the bill also found on page 4, Arkansas bill called Enhanced Driver' License, HB1978
lines 25-29 http://www.arkleg.state.ar.us/assembly/2009/R/Bills/HB1978.pdf
25 (b) The Office of Driver Services of the Department of Finance and
26 Administration shall not include an electronic chip or any type of radio
27 frequency identification (RFID) tag or chip in any driver’s license or
28 identification card or enhanced security driver’s license or identification
29 cards issued by the department.

Quotes from a national bill, National Driver's License Modernization Act of 2002
HR 4633 IH 107th CONGRESS http://thomas.loc.gov/cgi-bin/query/z?c107:H.R.4633:

`(b) STATE DRIVER'S LICENSE AND IDENTIFICATION CARD PROGRAMS- Not later than 5 years after the date of enactment of this section, each State shall have in effect a driver's license and identification card program under which the State meets the following requirements:
`(1) COMPUTER CHIPS IN DRIVERS' LICENSES AND ID CARDS-

`(A) IN GENERAL- A State shall embed a computer chip in each new or renewed driver's license or identification card issued by the State.

`(B) REQUIREMENTS FOR COMPUTER CHIPS- A computer chip embedded in a driver's license or identification card under this paragraph shall--

`(i) contain, in electronic form, all text data written on the license or card;

`(ii) contain encoded biometric data matching the holder of the license or card;

`(iii) contain encryption and security software or hardware (or both) that prevents access to data stored on the chip without the express consent of the individual to whom the data applies, other than access by a Federal, State, or local agency (including a court or law enforcement agency) in carrying out its functions, or by a private entity acting on behalf of a Federal, State, or local agency in carrying out its functions;

`(iv) accept data or software written to the license or card by non-governmental devices if the data transfer is authorized by the holder of the license or card; and

`(v) conform to any other standards issued by Secretary.

`(2) BIOMETRIC DATA-

`(A) IN GENERAL- A State shall obtain biometric data for the identification of each individual to whom the State issues a new or renewed driver's license or identification card and shall maintain such data.

`(B) REQUIREMENT FOR BIOMETRIC DATA- Biometric data obtained by a State under this paragraph shall be of a type that can be matched to the license or card holder only with the express cooperation of the license or card holder.

`(3) PARTICIPATION IN LINKING OF DATABASES-

`(A) IN GENERAL- A State shall participate in a program to link State motor vehicle databases in order to provide electronic access by a State to information contained in the motor vehicle databases of all other States. [Databases would have to be compatible to do this so there would have to be a national standard]

`(B) REQUIREMENTS FOR INFORMATION- A State motor vehicle database shall contain, at a minimum, the following information:

`(i) All data fields printed on drivers' licenses and identification cards issued by the State, other than the encoded biometric data stored on such licenses and cards under paragraph (1).

`(ii) Biometric data obtained under paragraph (2) from each individual to whom the State issues a new or renewed driver's license or identification card.

`(iii) Motor vehicle drivers' histories, including motor vehicle violations, suspensions, and points on licenses.

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