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S1234......................................................by STATE AFFAIRS
MOTOR VEHICLE/DRIVER LICENSE - RECORDS - Amends existing law to require
the permission of individuals before certain information is released from a
person's driver's license or motor vehicle records.
02/23 Senate intro - 1st rdg - to printing
02/24 Rpt prt - to Transp
03/03 Rpt out - rec d/p - to 2nd rdg
03/04 2nd rdg - to 3rd rdg
03/08 3rd rdg - PASSED - 32-0-3
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Hawkins,
Ingram, Ipsen, King, Lee, McLaughlin, Noh, Richardson, Riggs, Risch,
Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Twiggs,
Wheeler, Whitworth
NAYS--None
Absent and excused--Geddes, Keough, Parry
Floor Sponsor - Frasure
Title apvd - to House
03/09 House intro - 1st rdg - to Transp
S1234|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1234 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE RELEASE OF PERSONAL INFORMATION CONTAINED IN MOTOR VEHICLE AND 3 DRIVER RECORDS; AMENDING SECTION 49-203, IDAHO CODE, TO REQUIRE THE PER- 4 MISSION OF INDIVIDUALS BEFORE CERTAIN INFORMATION IS RELEASED. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 49-203, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 49-203. PROHIBITION ON RELEASE AND USE OF PERSONAL INFORMATION CONTAINED 9 IN MOTOR VEHICLE AND DRIVER RECORDS. (1) Except as otherwise provided, the 10 department and any officer, employee, agent or contractor thereof, shall not 11 knowingly disclose to any person or entity personal information about any 12 individual when such information was obtained from a motor vehicle or driver 13 record. 14 (2) Personal information shall be disclosed for use in connection with 15 matters of motor vehicle or driver safety and theft, motor vehicle emissions, 16 motor vehicle product alterations, recalls or advisories, performance monitor- 17 ing of motor vehicles and dealers by motor vehicle manufacturers, and removal 18 of nonowner records from the original owner records of motor vehicle manufac- 19 turers to carry out the purposes of the Automobile Information Disclosure Act 20 (15 USC 1231 et seq.), the Motor Vehicle Information and Cost Savings Act (49 21 USC 32101 et seq.), the National Traffic and Motor Vehicle Safety Act of 1966, 22 the Anti Car Theft Act of 1992, and the Clean Air Act (42 USC 7401 et seq., as 23 amended.) 24 (3) Personal information may be disclosed if the requesting person demon- 25 strates in such form and manner as the department prescribes, that he has 26 obtained the written consent of the individual to whom the personal informa- 27 tion pertains. 28 (4) Personal information may be disclosed on proof of the identity of the 29 person requesting a record, and representation by such person that the use of 30 the personal information will be strictly limited to any of the following 31 described uses: 32 (a) For use by any government agency, including any court or law enforce- 33 ment agency, in carrying out its functions, or any private person or 34 entity acting on behalf of a federal, state, or local agency in carrying 35 out its functions. 36 (b) For use in matters of motor vehicle or driver safety and theft; motor 37 vehicle emissions, motor vehicle product alterations, recalls or 38 advisories; performance monitoring of motor vehicles, motor vehicle parts, 39 and dealers; motor vehicle market research activities, including survey 40 research; and removal of nonowner records from the original records of 41 motor vehicle manufacturers. 42 (c) For use in the normal course of business by a legitimate business or 43 its agents, employees or contractors, but only: 2 1 (i) To verify the accuracy of personal information submitted by the 2 individual to the business or its agents, employees or contractors; 3 and 4 (ii) If such information as so submitted is not correct or is no 5 longer correct, to obtain the correct information, but only for the 6 purpose of preventing fraud by pursuing legal remedies against, or 7 recovering on a debt or security interest against, the individual. 8 (d) For use in connection with any civil, criminal, administrative or ar- 9 bitral proceeding in any federal, state or local court or agency or 10 before any self-regulatory body, including the services of process, inves- 11 tigation, and anticipation of litigation, and the execution or enforcement 12 of judgments and orders, or pursuant to an order of a federal, state or 13 local court. 14 (e) For use in research activities, and for use in producing statistical 15 reports, so long as personal information is not published, redisclosed or 16 used to contact individuals. 17 (f) For use by any insurer or insurance support organization, or by a 18 self-insured entity, or its agents, employees or contractors, in connec- 19 tion with claims investigation activities, rating or underwriting. 20 (g) For use in providing notice to the owners of towed or impounded vehi- 21 cles. 22 (h) For use by any licensed private investigative agency or licensed 23 security service for any purpose permitted under the provisions of title 24 49, Idaho Code. 25 (i) For use by an employer or its agent or insurer to obtain or verify 26 information relating to a holder of a commercial driver's license that is 27 required under the Commercial Motor Vehicle Safety Act of 1986 (49 USC 28 31101 et seq.). 29 (j) For bulk distribution for surveys, marketing, or solicitations if the 30 department hasimplemented methods and procedures to ensure that:31(i) Individuals are provided an opportunity, in a clear and conspic-32uous manner, to prohibit such uses; and33(ii) The information will be used, rented, or sold solely for bulk34distribution for surveys, marketing and solicitations, and that sur-35veys, marketing and solicitations will not be directed at those indi-36viduals who have requested in a timely fashion that they not be37directed at themsecured the permission of the individu- 38 als for such uses . 39 (k) For any other use specifically authorized under Idaho Code, if such 40 use is related to public safety or the operation of a motor vehicle. 41 (l) For use in connection with the operation of private toll transporta- 42 tion facilities, including companies that operate parking facilities for 43 the purpose of providing notice to the owners of vehicles who have used 44 the facility. 45 (5) Personal information obtained in an individual record shall be dis- 46 closed in response to requests for individual motor vehicle or driver records 47 without regard to the intended use of such personal information if the depart- 48 ment has:49(a) Provided in a clear and conspicuous manner on forms for issuance or50renewal of driver's licenses or permits, identification cards, motor vehi-51cle titles or motor vehicle registrations that personal information col-52lected by the department may be disclosed to any business or person; and5354(b) Provided in a clear and conspicuous manner on such forms an55opportunity for the individual to prohibit such disclosure3 1 secured the permission of the individuals about whom the personal informa- 2 tion is requested . 3 (6) Authorized recipients of personal information may redisseminate such 4 information only for those purposes set forth in paragraphs (a) through (l) of 5 subsection (4) of this section. For the purposes of this subsection (6), 6 "authorized recipients" means an individual, organization or entity who 7 receives personal information for uses permitted in paragraphs (a) through (l) 8 of subsection (4) of this section and includes record redisseminators who 9 agree to redisseminate such information only for the purposes set forth in 10 paragraphs (a) through (l) of subsection (4) of this section.
STATEMENT OF PURPOSE
RS 09090
The right to privacy is one of our most cherished
constitutional rights guaranteed to us by the United States
Constitution. The purpose of this bill is to require the
permission of individuals who are going to be subject to bulk
mailings, surveys, marketing or other solicitations or other
unwanted intrusions when this information is to be gleaned from
driver's license or motor vehicle records. The requirement of
securing the permission of the individual is consistent with the
standard contained in Section 9-350, Idaho Code, relating to
distribution of mailing or telephone number lists by public
agencies.
FISCAL NOTE
No fiscal impact to the General Fund. There may be a slight
fiscal impact to the Idaho Transportation Department on the
amount of revenue they would lose by not being able to sell this
information.
Contact: Jerry Twiggs - 332-1300
STATEMENT OF PURPOSE/ FISCAL NOTE S 1234