1999 Legislation
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SENATE BILL NO. 1234 – MV info/personal/release/permission


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View Statement of Purpose / Fiscal Impact

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Daily Data Tracking History

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
      Absent and excused--Geddes, Keough, Parry
    Floor Sponsor - Frasure
    Title apvd - to House
03/09    House intro - 1st rdg - to Transp

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999

                                      IN THE SENATE

                                   SENATE BILL NO. 1234

                                BY STATE AFFAIRS COMMITTEE

 1                                        AN ACT

 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:

 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:


 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 has  implemented methods and procedures to ensure that:
31             (i)  Individuals are provided an opportunity, in a clear and conspic-
32             uous manner, to prohibit such uses; and
33             (ii) The  information  will  be used, rented, or sold solely for bulk
34             distribution for surveys, marketing and solicitations, and that  sur-
35             veys, marketing and solicitations will not be directed at those indi-
36             viduals  who  have  requested  in  a  timely fashion that they not be
37             directed at them   secured 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  or
50        renewal of driver's licenses or permits, identification cards, motor vehi-
51        cle  titles  or motor vehicle registrations that personal information col-
52        lected by the department may be disclosed to any business or person; and
54         (b)  Provided in a clear and conspicuous manner  on  such  forms  an
55        opportunity  for  the  individual to prohibit such disclosure  


 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 / Fiscal Impact

                       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

                            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

Contact: Jerry Twiggs - 332-1300