Back in 2013 the Missouri Department of Revenue (DoR) was accused of collecting information on concealed carry weapons licensees. Eventually, it was found that they were actually collecting this information for everyone and submitting it to the federal government for compliance with the REAL ID Act of 2005. This is obviously a problem considering Missouri Governor Jay Nixon signed HB 361 into law on July 13, 2009, which prohibits the DoR from complying with the REAL ID Act. Collection of this data also potentially placed CCW licensees in danger as the concealed carry endorsement was maintained by the DoR.
Fast forward to April 9, 2015 when I simply attempted to update the address on my drivers license. This was not a planned trip, so I’ll admit that I did not bring any documentation with me. Upon arriving at the S. Fremont location in Springfield there was a sign stating I would need proof of residency with some examples, such as utility bills. I was in luck because I receive all my bills in electronic format and could access them from my phone, including my utility bill. Having been through this process before, I knew I needed a physical address in lieu of my usual PO box. The utility bill had the PO box listed, as well as my physical home address below.
Upon my number being called I notified the attendant that I needed a change of address. She stated I would need proof of residency, so I provided her my drivers license and was prepared to show my electronic document. I was informed electronic documents were not acceptable according to state law because they needed proof that I would receive mail at the address. The problem is I don’t receive mail, other than junk mail, at my physical address because all my bills are in electronic format. I even pointed out that if the bill were in paper form, the mailing address on the document was my PO box and not the physical address, thus keeping me in limbo. Despite multiple inquiries, I was never shown where the documentation was limited to paper copies only. A supervisor attempted to help, but also could not direct me to such information. I requested contact information for someone higher and was given a DoR customer service number. I also requested names of the two people, of which one was Jessica, while the supervisor walked away and into a back room as I attempted to ask her. She did not return. I did take note of the customer service line for this third-party location, but it was disconnected. I continued on my journey and contacted the DoR customer service number. During this call I was told the same thing, that electronic documents were not acceptable, but the rep was helpful because she attempted to find where the requirement was in state statue. Of course, there was no requirement. She proceeded to tell me the same information about how I needed physical mail to verify residency. If anybody had been able to show my where electronic documentation was not permitted, I would have given up and provided physical documents. That never happened.
I called again on the 10th and received a completely different response. This time the agent, who seemed new, told me electronic documents were not acceptable because copies of the documents would need to be made. That was concerning because the Missouri Revised Statutes (RSMo) 302.065 expressly prohibits the DoR from making copies of any source documents except as expressly permitted by law. This was enacted in 2013 after the data collection described earlier. I requested a supervisor contact me to discuss further, which she did. During that call she very clearly stated electronic documents would be accepted as long as they were digital representations of the paper documents and not an account summary type of page. I was also told to have the office call their help line if they refused to accept my document.
After an hour of waiting, I made my second attempt to make a “simple” change of address. I was, once again, told I needed a physical document. I explained that I had been in contact with DoR in Jefferson City and that I was to have them contact their help line. I stepped aside while they did. A few minutes later the supervisor (who made the call) asked if I could have printed the document prior to returning to their office. Of course I could have but, as I stated, it wasn’t necessary because the electronic document was acceptable. This also contradicts their previous statements that I needed something mailed to me because a printed version of the electronic document was acceptable. She left and eventually returned saying they would accept it this one time. If an exception can be made, it likely isn’t a violation of state law as I had been told the day before. I eventually did receive my change of address using my electronic documentation.
Upon further review of state statutes, as far as proof of residency, there is no requirement that the document be physical or not. In fact, the type of document (utility bill, mortgage paperwork, etc) is not specified either. The only statement in RSMo 302.171 relative to the rules says “The director may establish procedures to verify the Missouri residency or United States naturalization or lawful immigration status and Missouri residency of the applicant and establish the duration of any driver’s license issued under this section.” This is very vague, but certainly does not require physical documents as I was told.
Things get even worse for the DoR because while I was searching for this information I found RSMo 302.181. “All licenses shall bear the licensee’s Social Security number, if the licensee has one, and if not, a notarized affidavit must be signed by the licensee stating that the licensee does not possess a Social Security number, or, if applicable, a certified statement must be submitted as provided in subsection 4 of this section.”
Believe me when I say I prefer to not have my social security number on my drivers license but according to 302.181 the DoR is required to use social security numbers and not the generated numbers that they currently use. This appears to be another state law that the DoR does not abide by.
At what point did the DoR become the decision maker in what laws it would follow and the ones it didn’t need to follow? If I am required to follow all of the state laws, the state departments should be required to also. I believe 302.181 should be fixed to eliminate the requirement for social security numbers, but until then they should be following the law as it is written and not as they desire it be written.
UPDATE 4/11/2015:
After some discussion with members of the Locke & Smith Foundation, the Social Security number issue is solved. Something I either misread or misinterpreted was section 4, “The director of revenue shall issue a commercial or noncommercial driver’s license without a Social Security number to an applicant therefor, who is otherwise qualified to be licensed, upon presentation to the director of a certified statement that the applicant objects to the display of the Social Security number on the license. The director shall assign an identification number, that is not based on a Social Security number, to the applicant which shall be displayed on the license in lieu of the Social Security number.“
My Political Stand 