Bill Text: IA SF2145 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: A bill for an act limiting the release of personal information maintained by the department of transportation to out-of-state persons, and making penalties applicable.(See SF 2280.)

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-02-08 - Committee report approving bill, renumbered as SF 2280. S.J. 262. [SF2145 Detail]

Download: Iowa-2023-SF2145-Introduced.html
Senate File 2145 - Introduced SENATE FILE 2145 BY DICKEY A BILL FOR An Act limiting the release of personal information maintained 1 by the department of transportation to out-of-state persons, 2 and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5317XS (3) 90 th/ns
S.F. 2145 Section 1. Section 321.11, subsection 3, Code 2024, is 1 amended to read as follows: 2 3. Notwithstanding other provisions of this section to the 3 contrary, the department shall not release personal information 4 to a person, other than to an officer or employee of a law 5 enforcement agency within this state , an employee of a federal 6 or state agency within this state or political subdivision 7 of this state in the performance of the employee’s official 8 duties, a contract employee of the department of inspections, 9 appeals, and licensing in the conduct of an investigation, or 10 a licensed private investigation agency within this state or 11 a licensed security service within this state or a licensed 12 employee of either, if the information is requested by the 13 presentation of a registration plate number. In addition, an 14 officer or employee of a law enforcement agency may release 15 the name, address, and telephone number of a motor vehicle 16 registrant to a person requesting the information by the 17 presentation of a registration plate number if the officer 18 or employee of the law enforcement agency believes that the 19 release of the information is necessary in the performance of 20 the officer’s or employee’s duties ; however, an officer or 21 employee of a law enforcement agency shall not release personal 22 information of a person issued a driver’s license by the 23 department to an out-of-state person or agency if the release 24 of personal information could be used to initiate a proceeding, 25 issue a fine, or enforce any other penalty resulting from an 26 alleged traffic violation, unless ordered to do so by a court, 27 or unless the person whose personal information is requested 28 has provided express written consent allowing the disclosure of 29 the person’s personal information . 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 Under current law, records of the department of 34 transportation (DOT) are generally open to public inspection 35 -1- LSB 5317XS (3) 90 th/ns 1/ 3
S.F. 2145 during office hours. However, certain confidential records 1 and personal information are protected and are not open to 2 public inspection. “Personal information” means information 3 that identifies a person, including a person’s photograph, 4 social security number, driver’s license number, name, address, 5 telephone number, and medical or disability information, but 6 does not include information on vehicular accidents, driving 7 violations, and the driver’s status or a person’s zip code. 8 The DOT is prohibited from releasing personal information, 9 if the information is requested by the presentation of a 10 registration plate number, to a person, other than to an 11 officer or employee of a law enforcement agency, an employee 12 of a federal or state agency or political subdivision in the 13 performance of the employee’s official duties, a contract 14 employee of the department of inspections, appeals, and 15 licensing in the conduct of an investigation, or a licensed 16 private investigation agency or a licensed security service or 17 a licensed employee of either. This bill prohibits the DOT 18 from releasing personal information except to federal employees 19 and other persons described in the bill who are employed or 20 licensed in Iowa. 21 Current law authorizes an officer or employee of a law 22 enforcement agency to release the name, address, and telephone 23 number of a motor vehicle registrant to a person requesting 24 the information by the presentation of a registration plate 25 number if the officer or employee of the law enforcement agency 26 believes that the release of the information is necessary in 27 the performance of the officer’s or employee’s duties. The 28 bill prohibits an officer or employee from releasing personal 29 information of a person issued a driver’s license by the DOT 30 to an out-of-state person or agency if the release of personal 31 information could be used to initiate a proceeding, issue a 32 fine, or enforce any other penalty resulting from an alleged 33 traffic violation unless ordered to do so by a court, or unless 34 the person whose personal information is requested has provided 35 -2- LSB 5317XS (3) 90 th/ns 2/ 3
S.F. 2145 express written consent allowing disclosure of the person’s 1 personal information. 2 By operation of law, a person who violates the bill commits 3 a simple misdemeanor punishable by confinement for no more than 4 30 days and a fine of at least $105 but not more than $855. 5 -3- LSB 5317XS (3) 90 th/ns 3/ 3
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