STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 1190	By:	Brogdon

AS INTRODUCED

An Act relating to motor vehicles; prohibiting use of specific technology; limiting membership; prohibiting distribution of certain information; authorizing certain agreements; providing for codification; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 6-110.4 of Title 47, unless there is created a duplication in numbering, reads as follows:
A.  No state agency, board, commission or other unit or subdivision of state government, county, city, township, municipality, or other governmental entity under the jurisdiction of the State of Oklahoma shall issue an identification document or driver license used to identify a person where such identification document or driver license 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.
B.  The State of Oklahoma shall not participate in the agreement known as the “Driver License Agreement” or in any other agreement or compact that would require the linking of state motor vehicle databases or the sharing of personal information held within state motor vehicle databases with international jurisdictions or any entity outside of the United States or its territories.
C.  To protect the residents of the State of Oklahoma from identification theft, loss of civil liberties, loss of privacy, and to protect the general welfare of the public, the Department of Public Safety is hereby directed not to enter into an agreement to participate in, or implement the provisions of, the Driver License Agreement or any other agreement or compact that would require the linking of state motor vehicle databases or the sharing of personal information held within state motor vehicle databases with international jurisdictions or any entity outside of the United States or its territories.  The Department shall report to the Governor and the Legislature any attempt by agencies or agents of the United States Department of Homeland Security to secure the implementation of such an agreement or compact through the operations of that or any other state department, including any offer for grants or funding to the state for participation in such an agreement.
D.  No department or agency of the state charged with motor vehicle registration or operation, the issuance or renewal of driver licenses, or the issuance or renewal of identification cards shall enter into an agreement with any entity regarding the collection and disclosure of personal information collected by the Department unless the agreement is approved by the committee charged with oversight of the Department.  All documents, terms, policies, and procedures associated with such an agreement shall be readily available to the public.
SECTION 2.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

52-1-888	MRB	1/15/2009 8:31:18 PM