Senate Study Bill 1258 SENATE FILE BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON WARNSTADT) 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 making a penalty applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2490SC 83 6 dea/nh/8 PAG LIN 1 1 Section 1. Section 321A.3, subsection 8, Code 2009, is 1 2 amended to read as follows: 1 3 8.A person making a request for a record or an abstract 1 4 under this section that is subject to a fee shall only use the 1 5 record or abstract requested one time, for one purpose, and it 1 6 shall not supply that record to more than one other person. 1 7 Any subsequent use of the same record or abstract shall 1 8 require that the person make a subsequent request for the 1 9 record or abstract and pay an additional fee for the request 1 10 in the same manner as provided for the initial request.A 1 11 person who purchases a certified abstract of the operating 1 12 record of a person under subsection 1 shall not resell the 1 13 certified abstract of the operating record to more than one 1 14 person. For purposes of this subsection, affiliated persons 1 15 are considered one person. Any retention, distribution, 1 16 transfer, or reuse of a certified abstract of the operating 1 17 record purchased pursuant to subsection 1 shall be consistent 1 18 with the federal Driver's Privacy Protection Act, 18 U.S.C. } 1 19 2721=2725. A personrequesting a record or an abstractwho 1 20 purchases a certified abstract of the operating record of a 1 21 person pursuant tothis sectionsubsection 1 and then resells 1 22 that record shall keep records identifyingwho the record or 1 23 abstract is provided to, and the use of the record or 1 24 abstract,the person to whom and the permitted purpose for 1 25 which the certified abstract of the operating record was sold 1 26 for a period of five years. Records maintained pursuant to 1 27 this subsection shall be made available to the department upon 1 28 request.A person shall not sell, retain, distribute, 1 29 provide, or transfer any record or abstract information or 1 30 portion of the record or abstract information acquired under 1 31 this agreement except as authorized by the department and the 1 32 federal Driver's Privacy Protection Act, 18 U.S.C. } 1 33 2721==2725.1 34 EXPLANATION 1 35 This bill addresses restrictions on the use of the 2 1 certified abstract of the operating record of an individual. 2 2 A certified abstract of the operating record is the document 2 3 that identifies, for an individual driver's licensee, certain 2 4 personal information, including records of motor vehicle 2 5 violations, convictions, and sanctions, that may only be 2 6 disclosed for permissible uses pursuant to the federal 2 7 Driver's Privacy Protection Act. Pursuant to current law, a 2 8 person other than a public agency that requests a certified 2 9 abstract of the operating record from the department of 2 10 transportation must pay a fee of $5.50 for each abstract. The 2 11 person may use the record one time, for one purpose, and may 2 12 not supply the record to more than one other person. The bill 2 13 provides that a person who purchases the certified abstract of 2 14 the operating record shall not resell the abstract to more 2 15 than one person, and the bill specifies that affiliated 2 16 persons are considered one person. The bill states that the 2 17 retention, distribution, transfer, or reuse of a certified 2 18 abstract of the operating record purchased from the department 2 19 shall be consistent with the federal Driver's Privacy 2 20 Protection Act. Finally, the bill requires a person who 2 21 purchases and then resells a certified abstract of the 2 22 operating record to maintain records for five years 2 23 identifying the person to whom the abstract was sold and the 2 24 permitted purpose for which it was sold. Pursuant to current 2 25 Code section 321A.32(4), a person who violates any of these 2 26 provisions is guilty of a serious misdemeanor. A serious 2 27 misdemeanor is punishable by confinement for no more than one 2 28 year and a fine of at least $315 but not more than $1,875. 2 29 LSB 2490SC 83 2 30 dea/nh/8