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14  AN ACT relating to the records of the division of vehicles; amending
15    K.S.A. 1996 Supp. 74-2012 and repealing the existing section.
16
17  Be it enacted by the Legislature of the State of Kansas:
18    Section 1.  K.S.A. 1996 Supp. 74-2012 is hereby amended to read as
19  follows: 74-2012. (a) All records of the division of vehicles shall be subject
20  to the provisions of the open records act except as otherwise provided
21  under the provisions of this section and by K.S.A. 1996 Supp. 74-2022,
22  and amendments thereto.
23    (a) (b)  All records of the division of vehicles relating to the physical
24  or mental condition of any person, to expungement or except as provided
25  further, any photographs maintained by the division of vehicles in con-
26  nection with the issuance of drivers' licenses and nondrivers' identifi-
27  cation cards shall be confidential. Photographs or digital images main-
28  tained by the division of vehicles in connection with the issuance of
29  drivers' licenses shall be available to law enforcement agencies for use in
30  criminal investigations. Records of the division relating to diversion agree-
31  ments for the purposes of K.S.A. 8-1567, 12-4415 and 22-2908, and
32  amendments thereto, shall be confidential and shall be disclosed by direct
33  computer access only to:
34    (1)  A city, county or district attorney, for the purpose of determining
35  a person's eligibility for diversion;
36    (2)  a municipal or district court, for the purpose of using the record
37  in connection with any matter before the court;
38    (3)  a law enforcement agency, for the purpose of supplying the record
39  to a person authorized to obtain it under paragraph (1) or (2) of this
40  subsection; or
41    (4)  an employer when a person is required to retain a commercial
42  driver's license due to the nature of such person's employment.
43    All other records of the division of vehicles shall be subject to the
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 1  provisions of the open records act except as otherwise provided by K.S.A.
 2  1996 Supp. 74-2022 and amendments thereto or this section.
 3    (b) (c)  Lists of persons' names and addresses Personal information
 4  contained in or derived from records of the division of vehicles shall not
 5  be sold, given or received for the purposes prohibited by K.S.A. 21-3914,
 6  and amendments thereto, except that:
 7    (1)  The director of vehicles may provide to a requesting party, and a
 8  requesting party may receive, such a list and accompanying personal in-
 9  formation from public records of the division upon written certification
10  that the requesting party shall use the list personal information solely for
11  the purpose of: (A) Assisting manufacturers of motor vehicles in compil-
12  ing statistical reports or in notifying owners of vehicles believed to: (i)
13  Have safety-related defects, (ii) fail to comply with emission standards or
14  (iii) have any defect to be remedied at the expense of the manufacturer;
15  (B) assisting an insurer authorized to do business in this state, or the
16  insurer's authorized agent, in processing an application for, or renewal or
17  cancellation of, a motor vehicle liability insurance policy; or or (C) as-
18  sisting the selective service system in the maintenance of a list of persons
19  18 to 26 years of age in this state as required under the provisions of
20  section 3 of the federal military selective service act; or (D) assisting
21  businesses authorized to receive records under subparagraphs (A) or (B)
22  of this paragraph in bulk distribution for surveys or marketing, if:  (i)
23  Individuals are provided an opportunity to prohibit the disclosure of per-
24  sonal information under subsection (g); and (ii) the information will be
25  used, rented or sold solely for bulk distribution for surveys or marketing
26  and that such surveys and marketing will not be directed at those indi-
27  viduals who have requested under subsection (g) not be directed at them.
28    (c)  Information, including personal information, contained in
29  or derived from records of the division of vehicles shall not be sold,
30  given or received for the purposes prohibited by K.S.A. 21-3914,
31  and amendments thereto, except that:
32    (1)  The director of vehicles may provide to a requesting party,
33  and a requesting party may receive personal information, limited
34  to name, address and vehicle identification number from title and
35  registration records of the division upon written certification that
36  the requesting party shall use such information solely for the pur-
37  pose of:
38    (A)  Assisting manufacturers and licensed vehicle dealers of mo-
39  tor vehicles in compiling statistical reports or in notifying owners
40  of vehicles believed to:
41    (i)  Have safety-related defects;
42    (ii)  fail to comply with emission standards; or
43    (iii)  have any defect to be remedied at the expense of the man-
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 1  ufacturer; or
 2    (B)  assisting businesses authorized to receive records under
 3  subparagraph (A) of this paragraph in bulk distribution for surveys
 4  or marketing of automotive products, if:
 5    (i)  Individuals are provided an opportunity to prohibit the dis-
 6  closure of personal information under subsection (g); and
 7    (ii)  the information will be used, rented to sold solely for bulk
 8  distribution for surveys or marketing of automotive products and
 9  that such surveys and marketing will not be directed at those in-
10  dividuals who have requested under subsection (g) not be directed
11  at them.
12    (2)  The director of vehicles may provide to a requesting party,
13  and a requesting party may receive information, including personal
14  information, from public records of the division upon written cer-
15  tification that the requesting party shall use such information solely
16  for the purpose of:
17    (A)  Assisting an insurer authorized to do business in this state,
18  or the insurer's authorized agent, in processing an application for,
19  or renewal or cancellation of, a motor vehicle liability insurance
20  policy; or
21    (B)  assisting the selective service system in the maintenance of
22  a list of persons 18 to 26 years of age in this state as required under
23  the provisions of section 3 of the federal military selective service
24  act.
25    (2) (3)  Any law enforcement agency of this state which has access to
26  public records of the division may furnish to a requesting party, and a
27  requesting party may receive, such a list and accompanying information,
28  including personal information from such records upon written certi-
29  fication that the requesting party shall use the list solely for the purpose
30  of assisting an insurer authorized to do business in this state, or the in-
31  surer's authorized agent, in processing an application for, or renewal or
32  cancellation of, a motor vehicle liability insurance policy.
33    (c) (d)  If a law enforcement agency of this state furnishes information
34  to a requesting party pursuant to paragraph (2) (3) of subsection (b)(2)
35  (c), the law enforcement agency shall charge the fee prescribed by the
36  secretary of revenue pursuant to K.S.A. 1996 Supp. 74-2022, and amend-
37  ments thereto, for any copies furnished and may charge an additional fee
38  to be retained by the law enforcement agency to cover its cost of providing
39  such copies. The fee prescribed pursuant to K.S.A. 1996 Supp. 74-2022,
40  and amendments thereto, shall be paid monthly to the secretary of rev-
41  enue and upon receipt thereof shall be deposited in the state treasury to
42  the credit of the electronic databases fee fund, except for the $1 of the
43  fee for each record required to be credited to the highway patrol training
HB 2010--Am. by SCW
                                     

 1  center fund under subsection (e) (f).
 2    (d) (e)  The secretary of revenue, the secretary's agents or employees,
 3  the director of vehicles or the director's agents or employees shall not be
 4  liable for damages caused by any negligent or wrongful act or omission
 5  of a law enforcement agency in furnishing any information obtained from
 6  records of the division of vehicles.
 7    (e) (f)  A fee in an amount fixed by the secretary of revenue pursuant
 8  to K.S.A. 1996 Supp. 74-2022, and amendments thereto, of not less than
 9  $2 for each request for information in the public records of the division
10  concerning any vehicle or licensed driver shall be charged by the division,
11  except that the director may charge a lesser fee pursuant to a contract
12  between the secretary of revenue and any person to whom the director
13  is authorized to furnish information under paragraph (1) and subpara-
14  graph (B) of paragraph (2) of subsection (b) (c), and such fee shall not
15  be less than the cost of production or reproduction of any information
16  requested. The secretary of revenue may contract with any business
17  authorized to receive records under paragraph (1) of subsection (c),
18  for a varying fee, based on whether the records are received under
19  subparagraph (A) or under subparagraph (B) of paragraph (1) of
20  subsection (c). Except for the fees charged pursuant to a contract for
21  title and registration records on vehicles authorized by this subsection,
22  $1 shall be credited to the highway patrol training center fund for each
23  record.
24    (g)  The division of vehicles shall implement methods and procedures
25  to ensure that individuals are provided an opportunity, in a clear and
26  conspicuous manner, to prohibit the disclosure of personal information
27  collected by the division of vehicles, except under the following situations:
28    (1)  For use by any government agency, including any court or law
29  enforcement agency, in carrying out its functions, or any private person
30  or entity acting on behalf of a federal, state or local agency in carrying
31  out its functions;
32    (2)  for use in connection with matters of motor vehicle or driver safety
33  and theft; motor vehicle emissions; motor vehicle product alterations; re-
34  calls, or advisories; performance monitoring of motor vehicles, motor ve-
35  hicle parts and dealers; motor vehicle market research activities, including
36  survey research; and removal of nonowner records from the original
37  owner records of motor vehicle manufacturers;
38    (3)  for use in the normal course of business by a legitimate business
39  or its agents, employees or contractors, but only:
40    (A)  To verify the accuracy of personal information submitted by the
41  individual to the business or its agents, employees or contractors; and
42    (B)  if such information as so submitted is not correct or is no longer
43  correct, to obtain the correct information, but only for the purposes of
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 1  preventing fraud by, pursuing legal remedies against, or recovering on a
 2  debt or security interest against, the individual;
 3    (4)  for use in connection with any civil, criminal, administrative or
 4  arbitral proceeding in any federal, state or local court or agency or before
 5  any self-regulatory body, including the service of process, investigation in
 6  anticipation of litigation, and the execution or enforcement of judgments
 7  and orders, or pursuant to an order of a federal, state or local court;
 8    (5)  for use in research activities, and for use in producing statistical
 9  reports, so long as the personal information is not published, redisclosed
10  or used to contact individuals;
11    (6)  for use by any insurer or insurance support organization, or by a
12  self-insured entity, or its agents, employees or contractors, in connection
13  with claims investigation activities, antifraud activities, rating or under-
14  writing;
15    (7)  for use in providing notice to the owners of towed or impounded
16  vehicles;
17    (8)  for use by any licensed private investigative agency or licensed
18  security service for any purpose permitted under this subsection;
19    (9)  for use by any employer or its agent or insurer to obtain or verify
20  information relating to a holder of a commercial driver's license that is
21  required under the Commercial Motor Vehicle Safety Act of 1986 (49
22  U.S.C. App. 2710 et seq.);
23    (10)  for use by any requester, if the requester demonstrates it has
24  obtained the written consent of the individual to whom the information
25  pertains.
26    (h)  As used in this section ``personal information'' means information
27  that identifies a person, driver identification number, name, address, in-
28  cluding information on vehicular accidents, driving or equipment-related
29  violations, but shall not include such information considered confidential
30  under subsection (b).
31    (h)  In addition to all other requirements under this section, any
32  business, authorized to receive records under subparagraph (B) of
33  paragraph (1) of subsection (c) shall be subject to the following:
34    (1)  The department of revenue may conduct an audit of any
35  such business or any recipient of records from such business, to
36  determine compliance with the provisions of this section and any
37  contract entered into by such business;
38    (2)  any such business shall provide to the division of vehicles a
39  listing of all recipients of records obtained by such business and the
40  intended use of such records. Upon request of the secretary of rev-
41  enue, the department of revenue shall have access to review and
42  audit copies of the contracts between such business and the recip-
43  ients of such records. All information and documents provided by
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 1  such business under this paragraph shall be confidential;
 2    (3)  any such business, which has been found to be in violation
 3  of the provisions of any contract entered into by such business and
 4  the secretary of revenue shall be assessed a penalty of $5,000; and
 5    (4)  any such business and the recipients of records obtained by
 6  such business, shall retain all records obtained and any contract
 7  entered into by such business and such recipients for a period of
 8  five years.
 9    (i)  No information, including personal information, derived
10  from the records of the division of vehicles shall be used, rented or
11  resold for telemarketing purposes or motor vehicle refinancing pur-
12  poses, including the solicitation of motor vehicle refinancing.
13    (j)  As used in this section:
14    (1)  ``Personal information'' means information that identifies a
15  person, identification number, name, address, and information on
16  vehicular accidents, driving or equipment-related violations, but
17  shall not include such information considered confidential under
18  subsection (b);
19    (2)  ``survey'' shall be limited to the contacting of individuals by
20  direct mail to assess their opinion on automotive products or serv-
21  ices; and
22    (3)  ``marketing'' shall be limited to the contacting of individuals
23  by direct mail with automotive product information, incentives and
24  service offerings which are targeted at individuals' liking and re-
25  quests.
26    (f) (i) (k)  The secretary of revenue may adopt such rules and regu-
27  lations as are necessary to implement the provisions of this section.
28    Sec. 2.  K.S.A. 1996 Supp. 74-2012 is hereby repealed.
29    Sec. 3.  This act shall take effect and be in force from and after its
30  publication in the statute book.