Senate File 349 - Introduced SENATE FILE BY McCOY Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act concerning restrictions on the resale and use of motor 2 vehicle operating records furnished by the department of 3 transportation and requiring the department to provide certain 4 data in bulk form to certain persons, and making a penalty 5 applicable. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1731SS 83 8 dea/nh/8 PAG LIN 1 1 Section 1. Section 321A.1, Code 2009, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 0A. "Certified abstract of the operating 1 4 record" means the document that identifies, for an individual 1 5 licensee, personal information subject to the provisions of 1 6 the federal Driver's Privacy Protection Act, 18 U.S.C. } 1 7 2721=2725, moving violations, nonmoving violations, operating 1 8 while intoxicated violations, license suspensions and 1 9 revocations, all reportable accidents, child restraint law and 1 10 seat belt law convictions, and reinstatement information for 1 11 habitual offender revocations. 1 12 NEW SUBSECTION. 0B. "Conviction data" includes all 1 13 information relating to violations by and convictions of 1 14 licensees under the laws of this state or any other state or 1 15 foreign jurisdiction that is received by the department and to 1 16 which the department has access. 1 17 NEW SUBSECTION. 8A. "Operator data" includes, for each 1 18 licensee in the state, basic information including but not 1 19 limited to driver's license number, name, address, date of 1 20 birth, license status, license class, endorsements, and 1 21 restrictions. 1 22 NEW SUBSECTION. 15. "Suspension data" includes all 1 23 information relating to license suspensions, revocations, and 1 24 reinstatements received by licensees under the laws of this 1 25 state or any other state or foreign jurisdiction that is 1 26 received by the department and to which the department has 1 27 access. 1 28 Sec. 2. Section 321A.3, subsection 8, Code 2009, is 1 29 amended to read as follows: 1 30 8.A person making a request for a record or an abstract 1 31 under this section that is subject to a fee shall only use the 1 32 record or abstract requested one time, for one purpose, and it 1 33 shall not supply that record to more than one other person. 1 34 Any subsequent use of the same record or abstract shall 1 35 require that the person make a subsequent request for the 2 1 record or abstract and pay an additional fee for the request 2 2 in the same manner as provided for the initial request.A 2 3 person who purchases a certified abstract of the operating 2 4 record of a person under subsection 1 shall not resell the 2 5 certified abstract of the operating record to more than one 2 6 person. For purposes of this subsection, affiliated persons 2 7 are considered one person. Any retention, distribution, 2 8 transfer, or reuse of a certified abstract of the operating 2 9 record purchased pursuant to subsection 1 shall be consistent 2 10 with the federal Driver's Privacy Protection Act, 18 U.S.C. } 2 11 2721=2725. A personrequesting a record or an abstractwho 2 12 purchases a certified abstract of the operating record of a 2 13 person pursuant tothis sectionsubsection 1 and then resells 2 14 that record shall keep records identifyingwho the record or 2 15 abstract is provided to, and the use of the record or 2 16 abstract,the person to whom and the permitted purpose for 2 17 which the certified abstract of the operating record was sold 2 18 for a period of five years. Records maintained pursuant to 2 19 this subsection shall be made available to the department upon 2 20 request.A person shall not sell, retain, distribute, 2 21 provide, or transfer any record or abstract information or 2 22 portion of the record or abstract information acquired under 2 23 this agreement except as authorized by the department and the 2 24 federal Driver's Privacy Protection Act, 18 U.S.C. } 2 25 2721==2725.2 26 Sec. 3. NEW SECTION. 321A.3A OPERATOR, CONVICTION, AND 2 27 SUSPENSION DATA AVAILABLE IN BULK FORM. 2 28 The department shall make conviction data, operator data, 2 29 and suspension data available in bulk form to any person whose 2 30 use of the data is a permissible use in accordance with 18 2 31 U.S.C. } 2721(b)(1=14). 2 32 EXPLANATION 2 33 This bill addresses restrictions on the use of the 2 34 certified abstract of the operating record of an individual. 2 35 The bill defines "certified abstract of the operating record", 3 1 which is the document that identifies, for an individual 3 2 licensee, certain personal information, including records of 3 3 motor vehicle violations, convictions, and sanctions, that may 3 4 only be disclosed for permissible uses pursuant to the federal 3 5 Driver's Privacy Protection Act. Pursuant to current law, a 3 6 person other than a public agency that requests a certified 3 7 abstract of the operating record from the department of 3 8 transportation must pay a fee of $5.50 for each abstract. The 3 9 person may use the record one time, for one purpose, and may 3 10 not supply the record to more than one other person. The bill 3 11 provides that a person who purchases the certified abstract of 3 12 the operating record shall not resell the abstract to more 3 13 than one person, and the bill specifies that affiliated 3 14 persons are considered one person. The bill states that the 3 15 retention, distribution, transfer, or reuse of a certified 3 16 abstract of the operating record purchased from the department 3 17 shall be consistent with the federal Driver's Privacy 3 18 Protection Act. Finally, the bill requires a person who 3 19 purchases and then resells a certified abstract of the 3 20 operating record to maintain records for five years 3 21 identifying the person to whom the abstract was sold and the 3 22 permitted purpose for which it was sold. Pursuant to current 3 23 Code section 321A.32(4), a person who violates any of these 3 24 provisions is guilty of a serious misdemeanor. A serious 3 25 misdemeanor is punishable by confinement for no more than one 3 26 year and a fine of at least $315 but not more than $1,875. 3 27 The bill defines three categories of data to be maintained 3 28 by the department of transportation: "conviction data", 3 29 including all violations and convictions for licensees under 3 30 the laws of this state or another jurisdiction; "operator 3 31 data", including driver's license information for each 3 32 licensee in this state; and "suspension data", including 3 33 license suspensions, revocations, and reinstatements received 3 34 by licensees under the laws of this state or any other 3 35 jurisdiction. The bill requires the department to make the 4 1 data available in bulk form to any person whose use of the 4 2 data is a permissible use under the federal Driver's Privacy 4 3 Protection Act. 4 4 LSB 1731SS 83 4 5 dea/nh/8