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