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 person requesting a record or an abstract who
  1 20 purchases a certified abstract of the operating record of a
  1 21 person pursuant to this section subsection 1 and then resells
  1 22 that record shall keep records identifying who 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