SF 2145 (LSB 5317XS (3) 90)

SENATE FILE 2145

BY  DICKEY

A BILL FOR

An Act limiting the release of personal information maintained by the department of transportation to out-of-state persons, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.11, subsection 3, Code 2024, is amended to read as follows:
   3.  Notwithstanding other provisions of this section to the contrary, the department shall not release personal information to a person, other than to an officer or employee of a law enforcement agency within this state, an employee of a federal or state agency within this state or political subdivision of this state in the performance of the employee’s official duties, a contract employee of the department of inspections, appeals, and licensing in the conduct of an investigation, or a licensed private investigation agency within this state or a licensed security service within this state or a licensed employee of either, if the information is requested by the presentation of a registration plate number. In addition, an officer or employee of a law enforcement agency may release the name, address, and telephone number of a motor vehicle registrant to a person requesting the information by the presentation of a registration plate number if the officer or employee of the law enforcement agency believes that the release of the information is necessary in the performance of the officer’s or employee’s duties; however, an officer or employee of a law enforcement agency shall not release personal information of a person issued a driver’s license by the department to an out-of-state person or agency if the release of personal information could be used to initiate a proceeding, issue a fine, or enforce any other penalty resulting from an alleged traffic violation, unless ordered to do so by a court, or unless the person whose personal information is requested has provided express written consent allowing the disclosure of the person’s personal information.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, records of the department of transportation (DOT) are generally open to public inspection during office hours. However, certain confidential records and personal information are protected and are not open to public inspection. “Personal information” means information that identifies a person, including a person’s photograph, social security number, driver’s license number, name, address, telephone number, and medical or disability information, but does not include information on vehicular accidents, driving violations, and the driver’s status or a person’s zip code.
   The DOT is prohibited from releasing personal information, if the information is requested by the presentation of a registration plate number, to a person, other than to an officer or employee of a law enforcement agency, an employee of a federal or state agency or political subdivision in the performance of the employee’s official duties, a contract employee of the department of inspections, appeals, and licensing in the conduct of an investigation, or a licensed private investigation agency or a licensed security service or a licensed employee of either. This bill prohibits the DOT from releasing personal information except to federal employees and other persons described in the bill who are employed or licensed in Iowa.
   Current law authorizes an officer or employee of a law enforcement agency to release the name, address, and telephone number of a motor vehicle registrant to a person requesting the information by the presentation of a registration plate number if the officer or employee of the law enforcement agency believes that the release of the information is necessary in the performance of the officer’s or employee’s duties. The bill prohibits an officer or employee from releasing personal information of a person issued a driver’s license by the DOT to an out-of-state person or agency if the release of personal information could be used to initiate a proceeding, issue a fine, or enforce any other penalty resulting from an alleged traffic violation unless ordered to do so by a court, or unless the person whose personal information is requested has provided express written consent allowing disclosure of the person’s personal information.
   By operation of law, a person who violates the bill commits a simple misdemeanor punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855.