Senate File 259 - Introduced SENATE FILE 259 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO SF 51) A BILL FOR An Act limiting the release of personal information for traffic 1 violations observed by an out-of-state traffic camera, and 2 making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1640SV (3) 91 th/ns

S.F. 259 Section 1. NEW SECTION . 321.11B Disclosure of information 1 prohibited —— out-of-state traffic camera violations. 2 1. A person who requests personal information from the 3 department or a law enforcement agency by presenting a 4 registration plate number shall affirm the reason for the 5 request, subject to penalty for perjury. 6 2. Notwithstanding section 321.11, subsections 1, 2, and 3, 7 the department and any officer or employee of a law enforcement 8 agency shall not release personal information of a person who 9 was issued a driver’s license by the department or who has a 10 motor vehicle registered in this state, if the release of such 11 information would be used to issue or collect a fine for a 12 violation of a traffic law observed by a traffic camera outside 13 of this state. This subsection does not prohibit the release 14 of personal information if the requester is investigating 15 criminal or civil law violations other than traffic law 16 violations captured by a traffic camera. 17 3. As used in this section: 18 a. “Person” means as defined in section 4.1. 19 b. “Personal information” means as defined in section 20 321.11. 21 c. “Traffic camera” means a camera or other optical device 22 designed to detect and record motor vehicles being operated in 23 violation of a traffic law, including a violation for failure 24 to obey an official traffic-control signal, for excessive 25 speed, and for failure to pay a required toll, the use of which 26 results in the issuance or collection of a fine. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 Under current law, the department of transportation 31 (DOT) is prohibited from releasing personal information, 32 if requested by the presentation of a registration plate 33 number, to a person other than an officer or employee of a 34 law enforcement agency, an employee of a federal or state 35 -1- LSB 1640SV (3) 91 th/ns 1/ 2

S.F. 259 agency or political subdivision in the performance of official 1 duties, a contract employee of the department of inspections, 2 appeals, and licensing in the conduct of an investigation, or a 3 licensed private investigation agency or a licensed security 4 service. An officer or employee of a law enforcement agency 5 is authorized to release the name, address, and telephone 6 number of a motor vehicle registrant to a person requesting 7 the information by the presentation of a registration plate 8 number if the officer or employee of the law enforcement agency 9 believes that the release of the information is necessary in 10 the performance of the officer’s or employee’s duties. 11 This bill requires a person who requests personal 12 information from the DOT or a law enforcement agency by 13 presenting a registration plate number to affirm the reason for 14 the request, subject to penalty for perjury. By operation of 15 law, any person who knowingly swears or affirms falsely to any 16 matter or thing required under Code chapter 321 (motor vehicles 17 and law of the road) to be sworn to or affirmed, including as 18 required by the bill, is guilty of a class “D” felony. A class 19 “D” felony is punishable by confinement for no more than five 20 years and a fine of at least $1,025 but not more than $10,245. 21 The bill prohibits the DOT and any officer or employee 22 of a law enforcement agency from releasing to an otherwise 23 eligible requester the personal information of a person who was 24 issued a driver’s license by the DOT or who has a motor vehicle 25 registered in Iowa if the information would be used to issue 26 or collect a fine for a violation of a traffic law observed by 27 a traffic camera outside of Iowa. The bill does not prohibit 28 the release of personal information if the requester is 29 investigating other criminal or civil law violations captured 30 by a traffic camera. By operation of law, a person who 31 violates this provision commits a simple misdemeanor punishable 32 by confinement for no more than 30 days and a fine of at least 33 $105 but not more than $855. 34 -2- LSB 1640SV (3) 91 th/ns 2/ 2