SF 259 (LSB 1640SV (3) 91)

SENATE FILE 259

BY  COMMITTEE ON TRANSPORTATION

(SUCCESSOR TO SF 51)

A BILL FOR

An Act limiting the release of personal information for traffic violations observed by an out-of-state traffic camera, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  321.11B  Disclosure of information prohibited —— out-of-state traffic camera violations.
   1.  A person who requests personal information from the department or a law enforcement agency by presenting a registration plate number shall affirm the reason for the request, subject to penalty for perjury.
   2.  Notwithstanding section 321.11, subsections 1, 2, and 3, the department and any officer or employee of a law enforcement agency shall not release personal information of a person who was issued a driver’s license by the department or who has a motor vehicle registered in this state, if the release of such information would be used to issue or collect a fine for a violation of a traffic law observed by a traffic camera outside of this state. This subsection does not prohibit the release of personal information if the requester is investigating criminal or civil law violations other than traffic law violations captured by a traffic camera.
   3.  As used in this section:
   a.  “Person” means as defined in section 4.1.
   b.  “Personal information” means as defined in section 321.11.
   c.  “Traffic camera” means a camera or other optical device designed to detect and record motor vehicles being operated in violation of a traffic law, including a violation for failure to obey an official traffic-control signal, for excessive speed, and for failure to pay a required toll, the use of which results in the issuance or collection of a fine.
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, the department of transportation (DOT) is prohibited from releasing personal information, if requested by the presentation of a registration plate number, to a person other than an officer or employee of a law enforcement agency, an employee of a federal or state agency or political subdivision in the performance of 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. An officer or employee of a law enforcement agency is authorized 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.
   This bill requires a person who requests personal information from the DOT or a law enforcement agency by presenting a registration plate number to affirm the reason for the request, subject to penalty for perjury. By operation of law, any person who knowingly swears or affirms falsely to any matter or thing required under Code chapter 321 (motor vehicles and law of the road) to be sworn to or affirmed, including as required by the bill, is guilty of a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.
   The bill prohibits the DOT and any officer or employee of a law enforcement agency from releasing to an otherwise eligible requester the personal information of a person who was issued a driver’s license by the DOT or who has a motor vehicle registered in Iowa if the information would be used to issue or collect a fine for a violation of a traffic law observed by a traffic camera outside of Iowa. The bill does not prohibit the release of personal information if the requester is investigating other criminal or civil law violations captured by a traffic camera. By operation of law, a person who violates this provision 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.