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 person requesting a record or an abstract who
  2 12 purchases a certified abstract of the operating record of a
  2 13 person pursuant to this section subsection 1 and then resells
  2 14 that record shall keep records identifying who 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