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S1435.....................................................by TRANSPORTATION
MOTOR VEHICLE RECORDS - DRIVERS RECORDS - Amends existing law to provide
that personal information in an individual's motor vehicle or driver record
may be disclosed for bulk distribution for surveys, marketing or
solicitations, or in response to a request without regard for intended use,
but only if the Idaho Transportation Department has obtained the written
consent of the person to whom such personal information pertains.
02/16 Senate intro - 1st rdg - to printing
02/17 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
NAYS--None
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 - 60-1-9
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Bruneel,
Callister, Campbell, Chase, Cheirrett, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gould, Hadley, Hammond, Hansen(29),
Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell,
Kunz, Lake, Linford, Loertscher, Mader, Marley, Meyer, Montgomery,
Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds,
Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith,
Smylie, Stevenson, Stone, Taylor, Trail, Wheeler, Wood, Zimmermann
NAYS -- Stoicheff
Absent and excused -- Black, Clark, Crow, Gagner, Geddes, Hansen(23),
McKague, Tilman, 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 51
Effective: 06/01/00
S1435
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1435
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO PROHIBITION ON RELEASE AND USE OF PERSONAL INFORMATION CONTAINED
3 IN MOTOR VEHICLE AND DRIVER RECORDS; AMENDING SECTION 49-203, IDAHO CODE,
4 TO PROVIDE THAT PERSONAL INFORMATION IN AN INDIVIDUAL'S MOTOR VEHICLE OR
5 DRIVER RECORD MAY BE DISCLOSED FOR BULK DISTRIBUTION FOR SURVEYS, MARKET-
6 ING OR SOLICITATIONS OR IN RESPONSE TO REQUESTS WITHOUT REGARD FOR THE
7 INTENDED USE, BUT ONLY IF THE DEPARTMENT HAS OBTAINED THE WRITTEN CONSENT
8 OF THE PERSON TO WHOM SUCH PERSONAL INFORMATION PERTAINS AND TO MAKE A
9 TECHNICAL CORRECTION; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE
10 DATE.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 49-203, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 49-203. PROHIBITION ON RELEASE AND USE OF PERSONAL INFORMATION CONTAINED
15 IN MOTOR VEHICLE AND DRIVER RECORDS. (1) Except as otherwise provided, the
16 department and any officer, employee, agent or contractor thereof, shall not
17 knowingly disclose to any person or entity personal information about any
18 individual when such information was obtained from a motor vehicle or driver
19 record.
20 (2) Personal information shall be disclosed for use in connection with
21 matters of motor vehicle or driver safety and theft, motor vehicle emissions,
22 motor vehicle product alterations, recalls or advisories, performance monitor-
23 ing of motor vehicles and dealers by motor vehicle manufacturers, and removal
24 of nonowner records from the original owner records of motor vehicle manufac-
25 turers to carry out the purposes of the Automobile Information Disclosure Act
26 (15 USC 1231 et seq.), the Motor Vehicle Information and Cost Savings Act (49
27 USC 32101 et seq.), the National Traffic and Motor Vehicle Safety Act of 1966,
28 the Anti Car Theft Act of 1992, and the Clean Air Act (42 USC 7401 et seq., as
29 amended.)
30 (3) Personal information may be disclosed if the requesting person demon-
31 strates in such form and manner as the department prescribes, that he has
32 obtained the written consent of the individual to whom the personal informa-
33 tion pertains.
34 (4) Personal information may be disclosed on proof of the identity of the
35 person requesting a record, and representation by such person that the use of
36 the personal information will be strictly limited to any of the following
37 described uses:
38 (a) For use by any government agency, including any court or law enforce-
39 ment agency, in carrying out its functions, or any private person or
40 entity acting on behalf of a federal, state, or local agency in carrying
41 out its functions.
42 (b) For use in matters of motor vehicle or driver safety and theft; motor
43 vehicle emissions, motor vehicle product alterations, recalls or
2
1 advisories; performance monitoring of motor vehicles, motor vehicle parts,
2 and dealers; motor vehicle market research activities, including survey
3 research; and removal of nonowner records from the original records of
4 motor vehicle manufacturers.
5 (c) For use in the normal course of business by a legitimate business or
6 its agents, employees or contractors, but only:
7 (i) To verify the accuracy of personal information submitted by the
8 individual to the business or its agents, employees or contractors;
9 and
10 (ii) If such information as so submitted is not correct or is no
11 longer correct, to obtain the correct information, but only for the
12 purpose of preventing fraud by pursuing legal remedies against, or
13 recovering on a debt or security interest against, the individual.
14 (d) For use in connection with any civil, criminal, administrative or ar-
15 bitral proceeding in any federal, state or local court or agency or before
16 any self-regulatory body, including the services of process,
17 investigation, and in anticipation of litigation, and the execution or
18 enforcement of judgments and orders, or pursuant to an order of a federal,
19 state or local court.
20 (e) For use in research activities, and for use in producing statistical
21 reports, so long as personal information is not published, redisclosed or
22 used to contact individuals.
23 (f) For use by any insurer or insurance support organization, or by a
24 self-insured entity, or its agents, employees or contractors, in connec-
25 tion with claims investigation activities, rating or underwriting.
26 (g) For use in providing notice to the owners of towed or impounded vehi-
27 cles.
28 (h) For use by any licensed private investigative agency or licensed
29 security service for any purpose permitted under the provisions of title
30 49, Idaho Code.
31 (i) For use by an employer or its agent or insurer to obtain or verify
32 information relating to a holder of a commercial driver's license that is
33 required under the Commercial Motor Vehicle Safety Act of 1986 (49 USC
34 31101 et seq.).
35 (j) For bulk distribution for surveys, marketing, or solicitations if the
36 department has implemented methods and procedures to ensure that:
37 (i) Individuals are provided an opportunity, in a clear and conspic-
38 uous manner, to prohibit such uses; and
39 (ii) The information will be used, rented, or sold solely for bulk
40 distribution for surveys, marketing and solicitations, and that sur-
41 veys, marketing and solicitations will not be directed at those indi-
42 viduals who have requested in a timely fashion that they not be
43 directed at them obtained the written consent of the person to whom
44 such personal information pertains.
45 (k) For any other use specifically authorized under Idaho Code, if such
46 use is related to public safety or the operation of a motor vehicle.
47 (l) For use in connection with the operation of private toll transporta-
48 tion facilities, including companies that operate parking facilities for
49 the purpose of providing notice to the owners of vehicles who have used
50 the facility.
51 (5) Personal information obtained in an individual's motor vehicle or
52 driver record shall be disclosed in response to requests for individual motor
53 vehicle or driver records without regard to the intended use of such personal
54 information if the department has:
55 (a) Provided in a clear and conspicuous manner on forms for issuance or
3
1 renewal of driver's licenses or permits, identification cards, motor vehi-
2 cle titles or motor vehicle registrations that personal information col-
3 lected by the department may be disclosed to any business or person; and
4 (b) Provided in a clear and conspicuous manner on such forms an opportu-
5 nity for the individual to prohibit such disclosure obtained the written
6 consent of the person to whom such personal information pertains.
7 (6) 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 (6),
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. An emergency existing therefor, which emergency is hereby
16 declared to exist, this act shall be in full force and effect on and after
17 June 1, 2000.
STATEMENT OF PURPOSE
RS099SOC1
The purpose of this bill is to protect personal information
contained in motor vehicle and driver records from disclosure
except (1) where written consent is given by the individual and
(2) where the use of the personal information is strictly limited
to the exceptions enumerated in Section 49-203, Idaho Code. The
requirement of securing the permission of the individual is consistent
with the standard contained in Public Law 106-69 Section 350 and the
Driver Privacy Protection Act, 18 USC 2721, et al., as amended. An
enactment date of June 1, 2000 is proposed, to conform to federal
requirements in effect on that date.
FISCAL NOTE
The Transportation Department estimates an annual revenue reduction
of $40,000 to the State Highway Account as a result of driver and
vehicle records currently being sold that could not be sold without
the express permission of individuals if this legislation is enacted.
Contact:
Name: Edward Pemble, Vehicle Services Manager
Agency: Idaho Transportation Department
Phone: (208) 334-8660
STATEMENT OF PURPOSE/FISCAL IMPACT S 1435