2000 Legislation
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SENATE BILL NO. 1409 – Driver license/ID cds, records


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Daily Data Tracking History

S1409.....................................................by TRANSPORTATION
DRIVERS LICENSE - IDENTIFICATION CARDS - Amends existing law to restrict
the disclosure of photographs and other personal information maintained by
the Department of Transportation for purposes of driver's licenses and
identification cards.
02/11    Senate intro - 1st rdg - to printing
02/14    Rpt prt - to Transp
02/23    Rpt out - rec d/p - to 2nd rdg
02/24    2nd rdg - to 3rd rdg
02/25    3rd rdg - PASSED - 33-0-2
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
      Darrington, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen,
      Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson,
      Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
      Walton, Wheeler, Whitworth, Williams
      Absent and excused--Danielson, Davis
    Floor Sponsor - Frasure
    Title apvd - to House
02/28    House intro - 1st rdg - to Transp
03/07    Rpt out - rec d/p - to 2nd rdg
03/08    2nd rdg - to 3rd rdg
03/14    3rd rdg - PASSED - 63-0-7
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Cuddy, Deal, Denney,
      Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley, Hammond,
      Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton,
      Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley, Montgomery,
      Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds,
      Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith,
      Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler,
      Wood, Zimmermann
      NAYS -- None
      Absent and excused -- Clark, Crow, Geddes, Hansen(23), McKague,
      Meyer, Mr Speaker
    Floor Sponsor - Smith
    Title apvd - to Senate
03/15    To enrol
03/16    Rpt enrol - Pres signed
03/17    Sp signed
03/20    To Governor
03/22    Governor signed
         Session Law Chapter 52
         Effective: 06/01/00

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                       IN THE SENATE
                                    SENATE BILL NO. 1409
                                BY TRANSPORTATION COMMITTEE
  1                                        AN ACT
  6    Be It Enacted by the Legislature of the State of Idaho:
  7        SECTION 1.  That Section 49-203, Idaho Code, be, and the  same  is  hereby
  8    amended to read as follows:
 10    IN MOTOR VEHICLE AND DRIVER RECORDS. (1) Except  as  otherwise  provided,  the
 11    department  and  any officer, employee, agent or contractor thereof, shall not
 12    knowingly disclose to any person or  entity  personal  information  about  any
 13    individual  when  such information was obtained from a motor vehicle or driver
 14    record.
 15        (2)  Personal information shall be disclosed, except as restricted in sub-
 16    section (6) of this section, for use in connection with matters of motor vehi-
 17    cle or driver safety and theft, motor vehicle emissions, motor vehicle product
 18    alterations, recalls or advisories, performance monitoring of  motor  vehicles
 19    and  dealers  by  motor vehicle manufacturers, and removal of nonowner records
 20    from the original owner records of motor vehicle manufacturers  to  carry  out
 21    the  purposes  of  the  Automobile  Information Disclosure Act (15 USC 1231 et
 22    seq.), the Motor Vehicle Information and Cost Savings Act  (49  USC  32101  et
 23    seq.), the National Traffic and Motor Vehicle Safety Act of 1966, the Anti Car
 24    Theft Act of 1992, and the Clean Air Act (42 USC 7401 et seq., as amended.)
 25        (3)  Personal information may be disclosed if the requesting person demon-
 26    strates  in  such  form  and  manner as the department prescribes, that he has
 27    obtained the written consent of the individual to whom the  personal  informa-
 28    tion pertains.
 29        (4)  Personal  information  may be disclosed, except as restricted in sub-
 30    section (6) of this section, on proof of the identity of the person requesting
 31    a record, and representation by such person  that  the  use  of  the  personal
 32    information will be strictly limited to any of the following described uses:
 33        (a)  For use by any government agency, including any court or law enforce-
 34        ment  agency,  in  carrying  out  its  functions, or any private person or
 35        entity acting on behalf of a federal, state, or local agency  in  carrying
 36        out its functions.
 37        (b)  For use in matters of motor vehicle or driver safety and theft; motor
 38        vehicle   emissions,   motor   vehicle  product  alterations,  recalls  or
 39        advisories; performance monitoring of motor vehicles, motor vehicle parts,
 40        and dealers; motor  vehicle market research activities,  including  survey
 41        research;  and  removal  of  nonowner records from the original records of
 42        motor vehicle manufacturers.
 43        (c)  For use in the normal course of business by a legitimate business  or
  1        its agents, employees or contractors, but only:
  2             (i)  To  verify the accuracy of personal information submitted by the
  3             individual to the business or its agents, employees  or  contractors;
  4             and
  5             (ii) If  such  information  as  so  submitted is not correct or is no
  6             longer correct, to obtain the correct information, but only  for  the
  7             purpose  of  preventing fraud by pursuing  legal remedies against, or
  8             recovering on a debt or security interest against, the individual.
  9        (d)  For use in connection with any civil, criminal, administrative or ar-
 10        bitral proceeding in any federal, state or local court or agency or before
 11        any self-regulatory body, including the services  of  process,  investiga-
 12        tion,  and anticipation of litigation, and the execution or enforcement of
 13        judgments and orders, or pursuant to an order of a federal, state or local
 14        court.
 15        (e)  For use in research activities, and for use in producing  statistical
 16        reports,  so long as personal information is not published, redisclosed or
 17        used to contact individuals.
 18        (f)  For use by any insurer or insurance support  organization,  or  by  a
 19        self-insured  entity,  or its agents, employees or contractors, in connec-
 20        tion with claims investigation activities, rating or underwriting.
 21        (g)  For use in providing notice to the owners of towed or impounded vehi-
 22        cles.
 23        (h)  For use by any licensed  private  investigative  agency  or  licensed
 24        security  service for any purpose permitted under the provisions of  title
 25        49, Idaho Code.
 26        (i)  For use by an employer or its agent or insurer to  obtain  or  verify
 27        information  relating to a holder of a commercial driver's license that is
 28        required under the Commercial Motor Vehicle Safety Act  of  1986  (49  USC
 29        31101 et seq.).
 30        (j)  For bulk distribution for surveys, marketing, or solicitations if the
 31        department has implemented methods and procedures to ensure that:
 32             (i)  Individuals are provided an opportunity, in a clear and conspic-
 33             uous manner, to prohibit such uses; and
 34             (ii) The  information  will  be used, rented, or sold solely for bulk
 35             distribution for surveys, marketing and solicitations, and that  sur-
 36             veys, marketing and solicitations will not be directed at those indi-
 37             viduals  who  have  requested  in  a  timely fashion that they not be
 38             directed at them.
 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, except as restricted in subsection (6) of this section, in response to
 47    requests  for individual motor vehicle or driver records without regard to the
 48    intended use of such personal information if the department 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
 53        (b)  Provided in a clear and conspicuous manner on such forms an  opportu-
 54        nity for the individual to prohibit such disclosure.
 55        (6)  In addition to the restrictions and prohibitions on the disclosure of
  1    personal  information  contained  in  motor  vehicle  and  driver  records, an
  2    individual's photograph, digitized image of a photograph, digitized signature,
  3    social security number, and medical or disability  information  shall  not  be
  4    disclosed  without  the written consent of the person to whom such information
  5    pertains, except for uses permitted under subsections  (4)(a)  and  (4)(d)  of
  6    this section.
  7        (7)  Authorized  recipients of personal information may redisseminate such
  8    information only for those purposes set forth in paragraphs (a) through (l) of
  9    subsection (4) of this section. For the  purposes  of  this  subsection  (67),
 10    "authorized  recipients"  means  an  individual,  organization  or  entity who
 11    receives personal information for uses permitted in paragraphs (a) through (l)
 12    of subsection (4) of this section  and  includes  record  redisseminators  who
 13    agree  to  redisseminate  such  information only for the purposes set forth in
 14    paragraphs (a) through (l) of subsection (4) of this section.
 15        SECTION 2.  That Section 49-321, Idaho Code, be, and the  same  is  hereby
 16    amended to read as follows:
 17        49-321.  RECORDS  TO  BE  KEPT BY THE DEPARTMENT. (1) The department shall
 18    file every application for a driver's license received by it and  shall  main-
 19    tain suitable indices containing:
 20        (a)  All applications denied and on each note the reason for denial;
 21        (b)  All applications granted;
 22        (c)  The name of every licensee whose driver's license has been suspended,
 23        revoked,  cancelled,  denied  or  disqualified by the department and after
 24        each name note the reasons for the action;
 25        (d)  The driver's license number for the applicant; and
 26        (e)  The social  security  number  of  the  applicant.  for  a  commercial
 27        driver's license.
 28        (2)  The  department shall also file all accident reports and abstracts of
 29    court records of convictions received by it under the law in either  paper  or
 30    electronic  form and maintain convenient records or make suitable notations in
 31    order that an individual record of each licensee showing the  convictions  and
 32    the traffic accidents in which the licensee has been involved shall be readily
 33    ascertainable  and  available  for  consideration  of  the department upon any
 34    application for renewal of a driver's license and at other suitable times.
 35        (3)  The department of health and welfare, on or about  the  25th  day  of
 36    each month shall, upon the request of the department, furnish the department a
 37    listing  showing  the name, age, county of residence, and residence address of
 38    each Idaho resident who has died during the preceding month. The listing shall
 39    be used only for purposes of  updating  the  driver's  license  files  of  the
 40    department and shall be subject to disclosure according to chapter 3, title 9,
 41    Idaho Code.
 42        SECTION  3.  An  emergency  existing  therefor,  which emergency is hereby
 43    declared to exist, this act shall be in full force and  effect  on  and  after
 44    June 1, 2000.

Statement of Purpose / Fiscal Impact

                 STATEMENT OF PURPOSE
     This legislation amends Section 49-203 and 49-321, Idaho Code, to restrict access
     to and disclosure of photographs, electronically produced images, social security
     numbers and medical or disability information   contained    in   motor   vehicle  
     or driver  records maintained by the Idaho Transportation Department. This
     information would only be disclosed (1) upon the written consent of the
     individual to whom the information pertains, (2) for use by governmental
     agencies, courts or law enforcement agencies in carrying out their functions, or (3)
     for use in connection with court or administrative proceedings. 
                    FISCAL IMPACT
     This legislation has no fiscal impact. 
     Name:      Jane Caviness, Manager, Driver Services 
     Agency:    Idaho Transportation Department, Div. of Motor Vehicles
     Phone:      332-7830 
                                                  STATEMENT OF PURPOSE/FISCAL IMPACT           S1409