Text: SSB02115 Text: SSB02117 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.11, Code 1995, is amended to read 1 2 as follows: 1 3 321.11 RECORDS OF DEPARTMENT. 1 4 All records of the department, other than those declared by1 5law to be confidential for the use of the departmentother 1 6 than those made confidential or not permitted to be open in 1 7 accordance with 18 U.S.C. } 2721 et seq., adopted as of a 1 8 specific date by rule of the department, shall be open to 1 9 public inspection during office hours. 1 10 Sec. 2. EFFECTIVE DATE. This Act takes effect September 1 11 13, 1997. 1 12 EXPLANATION 1 13 The federal Driver's Privacy Protection Act of 1994 1 14 requires that all records of the state department of 1 15 transportation pertaining to operator's permits, titles, 1 16 registrations, or nonoperator's identification cards that 1 17 contain personal information be closed to public access not 1 18 later than September 13, 1997. Personal information means 1 19 information that identifies a person, including a person's 1 20 photograph, social security number, driver's identification 1 21 number, name, address not including zip code, telephone 1 22 number, and medical or disability information, but does not 1 23 include information on vehicular accidents, driving 1 24 violations, and driver's status. 1 25 Under the federal Act the records are permitted to be 1 26 opened for law enforcement purposes; safety, emissions, and 1 27 product recalls and advisories; monitoring of vehicle 1 28 performance by dealers and manufacturers; and for purposes of 1 29 various federal Acts affecting motor vehicles and motor 1 30 vehicle safety. 1 31 Subsection 2721(b) of the federal Driver's Privacy 1 32 Protection Act of 1994 permits states in certain scenarios to 1 33 allow access to these records. Access may be granted to 1 34 governmental agencies; persons conducting motor vehicle safety 1 35 and marketing research; businesses conducting investigations 2 1 in the normal course of business; for use in any civil, 2 2 criminal, administrative, or arbitral proceedings; for use in 2 3 research; for use by insurance companies; for giving notice of 2 4 vehicle impoundments; for use by licensed private detective or 2 5 security agencies; for verification purposes relating to 2 6 commercial driver qualification; for use in operation of 2 7 private toll facilities; for bulk distribution of surveys and 2 8 marketing solicitations (subject to opt-out provisions as 2 9 provided in this bill); by any person who has the written 2 10 consent of the subject of the record; or for any other use 2 11 authorized by state law relating to the operation of a motor 2 12 vehicle or public safety. This bill would authorize these 2 13 permissible uses of the affected records. 2 14 The federal Act provides that if the state department of 2 15 transportation has a policy or practice of substantial 2 16 noncompliance with the federal Act, the department is subject 2 17 to a civil penalty of not more than $5,000 per day of 2 18 substantial noncompliance and it provides for a civil cause of 2 19 action against a person who knowingly obtains, discloses, or 2 20 uses personal information from a motor vehicle record for an 2 21 unpermitted purposes. 2 22 The bill takes effect September 13, 1997. 2 23 LSB 4205SC 76 2 24 js/jw/5
Text: SSB02115 Text: SSB02117 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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