Memorandumof UnderstandingBetween Division, The Nebraska The Iowa Departmentof Transportation Motor Vehicle Secretary of State Department of Motor Vehjcles, and The Illinois ept DepariJp Services Driver On Multi State RccognitjonSearches Facial 03-15-16 The Stateof Iowa, Departmentof Transportation,Motor VehicleDivision, the State of Nebraska, Departmentof MotorVehicles,and the IllinoisSecretary of State, Driver ServicesDepartment . hcreinafte_f. the "Parties",acknowledgethat: • The Parties are responsiblefor fully identifyingeach applicantfor a driver licenseand identificationcard to ensure the goal of one person/oneidentity/one license; • The Partiesare required under 49 C.F.R Part 383 of FMCSA Regulationsto "prohibita commercialmotor vehicle driver ftom having more than one commercialmotor vehicle driver'slicense"; • The Partiesutilize facial recognitiontechnologyto ensure an applicantdoes not hold a DIJID in their state under another identity,to help confirmand protect individual identities,to prevent fraud, and to help save lives; • The Partiescurrentlydo not have the capabilityto verify or cross search facial imagesin multiplestates, which wouJdhelp preventnefariousindividuals from obtainingCOL's in differentor assumedname. ng recognitiondatabasesacrossjurisdictional • The Parties are interestedin scarcliifacial boundariesto reduce applicant fraudin connectionwith CDL issuance. The Partieshave agreedas follows: .. 'D efimtion Article I-ProbIem I. FraudsteI'3cross stale lines to obtaincredentialsto avoid child support obligations,carry out criminalactivitiesrelated to identitytheft, bank end credit fraud, and/or insurance fraud, illegallyobtain licenses in cases wheretheir license had been revokedfor OWi or other reasons,illegallyobtain multiple licensesto avoid loss of drivingprivileges,and facilitateterrorism. 2. Identityfraud across state lines using alteredor differentidentities is still pervasive,and states are challengedto addressthis type of fraud. 3. There is a high public safety risk from thosewho commit fraud to obtain CDL's, especiallythose that havebeen revokedor suspended,and those transportinghazardous materials. Article2•PurposeandScope 1. The Parties have an interestin performingcrossjwisdictional facial recognitionsearches and have asked their vendor, Mo1ph0TrustUSA to develop~ implementa program Iowa DOT 102974 GULaw Privacy FR between the states. giving each the opportunity to execute and evaluate the processes, procedures, and protocols necessary for them to conduct cross jurisdictional facial recognitionsearches. 2. The Parties have an interest in mutual support and collaborationbetweeninvestigators when potential fraud cases arc identified. 3. This MOU may be expanded in the future to include other States that utilize facial recognitiontechnology and would benefit from cross-jurisdictionfacial searching to reduce fraud and save Jives. 4. The images and data provided from one Party to another Party State under this agreement shall be used solely for the purposesset forth in this agreement and shall not be disclosed td a third party except for use in a criminal prosecution. · Article J. Benefits 1. The following are the benefitsto be realized by each State for successful program implementation: a. Improved Highway Safety b. Increased Integrity of LicensingProcess c. Reduced Fraud and Identity J;hcft d ImprovedAgency Perception e. Enhanced Case Development/Prosecution f. Cost Containment/Reduction · g. Future Revenue Opportunities Article 4-ExecutionSteps I. The attached Proposal from MorphoTrust USA outlines the program plan. system requirements,development, testing,and integration and is incorporatedherein as Exhibit 1. 2. The Parties will provide technicalsupport to assist MorphoTrustUSA in theexecution of this program. 3. Iowa State University In-Trans Office will coordinate datacoUection in collaboration with the Parties and provide evaluationand analysis of the project. Parties will cooperate with In-Trans for providing data collection in compliance with privacy laws. Article 5-Methodology/Aimroach Each State will pull images and biographical information for CDL applicants in their State and run it against the entire image database of all Parties. .. 1. 1ne State receiving the request shall return to the inquiring State a folio of potential matches for adjudication. Iowa DOT 102975 GULaw Privacy FR 2. The initiatingState shall adjudicate potential matches and shall notify the other State of outcomes for each potential match. 3. Parties shall collaborateto optimizethe processes, procedures,and protocolsnecessary to adjudicatematches from the other jurisdictions. Article 6-Funcling I 1. The Iowa Departmentof Transportationhas secured gran~ FM-CDL-0216-15-01-00 through the Federal Motor Carrier SafetyAdministrationto provide paymentfor the costs ' for participatingStates to make the necessaryconnectionsto participate in his program. Toe total amountof this grant is $2,215,000.00(Two million two hundred fi~een thousanddollars). 2. Costs incurredby MophoTrustUSA for this project will be billed to the Iowa Department of Transportationas provided for in the Proposalfrom MorphTrustUSA. Iowa Departmentof Transportationwill pay said costs with the funds obtainedthrough grant FM-CDL-0216-15-01-00.In no event shall Iowa Department of Transportationbe liable or responsiblefor payment of llllYcosts in excess of the total grant wnount of $2,215,000.00(Two million two hundred fifteen thousanddollars). 3. It is understoodand acknowledgedbythe Partiesthat they shaUprovide the necessary internalresources to fulfill their responsibilitiesfor this projcct as specified in the MorpboTrustUSA Proposal. The State of Nebraska, Departmentof Motor Vehicles,and the Illinois Secretaryof State, Driver Services Departmentboth understandand acknowledgethat Iowa Departmentof Transportationis the recipientof grant FM-CDL0216-15-01-00and that as recipient,Iowa Departmentof Transportationis responsible for compliancewiththe terms lllld conditionsof said grant agreement. The State of Nebraska,Departmentof Motor Vehicles,and the Illinois Secretaryof State, Driver Services Departmenthave reviewed the grant agreement (FM~CDL-0216-15-01-00) and both agree to cooperateand assist TownDepartmentof Transportationin any way necessaryto allow Iown Departmentof Transportationto fully comply with the terms and conditions of said agreementand both agree that such cooperationand assistanceis a requirementof their continuedparticipationin this program. 4. Maintenanceof the system and project is provided for the first year of operation. Parties ere responsible for maintenanceof the system after the conclusionof the project Article7-Timeline 1. The timeline for thisproject is outlined in the MorphoTrustUSA Proposal,attached as Exhibit I. Any changesto Exhibit 1 must be approved by all Parties. Iowa DOT 102976 GULaw Privacy FR ., Article 8-Lcngth of Agreementand Removal of Party 1. Any party may remove itself from this agreementby giving 30 days writte intentionto do so to the other parties. Such removal bas no effect on the n notice of agreement between the remainingparties. 2. This agreementshall remain in forceuntil the Parties mutuallydecide to end it. IN WITNESSWHEREOFthe authorizedrepresentativesof the partie sexecutethis Agreement: State oflown, Department of Transportation,Motor Vehicle Divisi on StateofNebraska, Department of Motor Vehicles . Stateof Illinois,Secretary of State's Office, Driver ServicesDepartment LEGALREVIEW COMPI.EJED Date Iowa DOT -.2/11,,'Ula 102977 GULaw Privacy FR