Brief⁽¹⁾

S.B. 488, as amended, relates to nondriver identification cards, to records of the Division of Vehicles, and to the use of the Social Security number as a driver's license number.

Nondriver Identification Cards. The bill would require the Division of Vehicles to mail renewal notices at least 30 days prior to expiration to holders of nondriver identification cards only.

Records of the Division of Vehicles. The bill would prohibit disclosure of information, including personal information, collected by the Division of Vehicles, except for use:

• by a government agency, including any court or law enforcement agency, in carrying out its functions;



• by a private person or entity acting on behalf of a federal, state, or local agency, in carrying out its functions;



• in matters relating to motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts and dealers; and removal of nonowner records from the original owner records of motor vehicle manufacturers;



• by any entity conducting motor vehicle market research activities, including survey research;

• by a business to verify personal information submitted by an individual to the business to prevent fraud or recover a debt or security interest against an individual;



• in a civil, criminal, administrative, or arbitral proceeding in a federal, state, or local court or agency or before any self-regulatory body;



• in research activities, and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact individuals;



• by an insurer, insurance support organization, or a self-insured entity to investigate claims and antifraud activities and for use in rating or underwriting insurance policies;



• to notify owners of towed or impounded vehicles;



• by a licensed private investigative agency or licensed security service for any purpose permitted by the bill;



• by any employer or insurer to obtain or verify information relating to a holder of a commercial driver's license required under the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. App. 2710 et seq.); and



• by any requester, if the requester demonstrates it has obtained written consent of the individual to whom the information pertains.

The bill defines "personal information" to mean information that identifies a person, identification number, name, address, including information on vehicular accidents, driving, or equipment-related violations, but does not include such information considered confidential under subsection (b) of the bill.

Use of the Social Security Number as the Driver's License Number. The bill would require the Division of Vehicles to obtain an applicant's written permission to use their Social Security number as their driver's license number.

Background

The Legislative Liaison of the Commission on Disability Concerns and the Interagency Coordinator/Planner of the Kansas Council on Developmental Disabilities appeared in support of the bill.

The spokesperson of the Commission on Disability Concerns pointed out that during town hall meetings the issue of renewal notices for nondriver identification cards was brought to the attention of the Commission. At present the Division does not send out expiration notices regarding nondriver identification cards. The Commission requested the introduction of the bill to remind nondriving disabled persons of the expiration of their identification cards.

The spokesperson of the Kansas Council on Developmental Disabilities testified that S.B. 488 would recognize that disabled persons also need the same notification for renewal as do persons with driver's licenses.

No one appeared in opposition to the bill.

The House Committee amendment was technical.

The conferees who supported the bill in the Senate Committee also supported the measure in the House Committee. Also appearing in support of the bill in the House Committee was the Director of the Envision Governmental Affairs Office.

The Department of Revenue estimates that 16,000 renewal notices would be required to be sent each year under the provisions of the bill. The Department also estimates that renewal notices would generate 4,000 additional renewals from applicants who do not renew because they do not currently receive a renewal notice. The Department estimates that the additional renewals would generate $32,000 in revenue to the State Highway Fund from the $8.00 renewal fee and $8,000 for the Division of Vehicles Operating Fund from the $2.00 photo fee. The Department reports that there are 20,000 expired, but not renewed, identification card records in the Division's computer system. The Department estimates the costs for forms, postage, and envelopes to be 30 cents each, for an estimated total expenditure of $4,800 for 16,000 renewal notices. The Department also estimates $5,794 in programming costs to accommodate the renewal notices, for a total cost of $10,594 for FY 1999.

The Division of the Budget concurs with the Department of Revenue's estimated 16,000 renewal notices and related expenditures. However, the Division does not believe that 4,000 additional renewal notices will be generated in FY 1999 because of the bill. The Division notes that the bill does not appear to require the Division of Vehicles to send notices to the 20,000 individuals with expired identification cards. Rather, the bill would require the Division to send notices to current nondriver identification card holders 30 days prior to expiration.

The House Committee of the Whole incorporated the provisions of H.B. 2648 into S.B. 488. The other amendment pertains to the use of the Social Security number as the driver's license number.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext-bill.html.