2020 Oklahoma Statutes
Title 47. Motor Vehicles
§47-6-110.3. Prohibition of implementation of federal REAL ID Act - Legislative findings - Retrieval and deletion of biometric data.
A. The Legislature finds that the enactment into law by the United States Congress of the federal REAL ID Act of 2005, Public Law Number 109-13, is an action that individual Oklahomans should have an option to refuse under the principles of federalism contained in the Tenth Amendment to the United States Constitution.
B. The State of Oklahoma shall offer its citizens the option of choosing a Compliant Driver License or Identification Card or a Noncompliant Driver License or Identification Card.
C. In carrying out the provisions of this Act, the State of Oklahoma shall not share with the federal government any personal information or biometric data obtained from an applicant for an Oklahoma REAL ID compliant or noncompliant driver license or identification card except as required by the REAL ID Act of 2005, Public Law Number 109-13. Provided, this subsection shall not prevent the sharing of such information between agencies, boards, commissions or political subdivisions of this state or as otherwise permitted by law.
D. 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. Behavior characteristics of a handwritten signature, such as shape, speed, pressure, pen angle, or sequence;
6. Fingerprints, palm prints, and other methods for measuring or recording ridge pattern or fingertip characteristics;
7. Keystroke dynamics, measuring pressure applied to key pads;
8. Hand geometry, measuring hand characteristics, including the shape and length of fingers, in three (3) dimensions; and
9. Deoxyribonucleic acid (DNA) and/or ribonucleic acid (RNA).
Added by Laws 2007, c. 159, § 1, eff. Nov. 1, 2007. Amended by Laws 2017, c. 1, § 4, emerg. eff. March 2, 2017; Laws 2017, c. 376, § 1, emerg. eff. June 6, 2017.
