UPDATED
SESSION OF 2019
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2179
As Recommended by House Committee on
Transportation

Brief*
HB 2179 would amend law restricting access to motor
vehicle records. The bill would remove from state law certain
purposes for which state motor vehicle records may be
released, but also would allow release for any purpose not
listed in Kansas law that is permissible under the federal
Driver’s Privacy Protection Act as it existed on January 1,
2018. [Note: Permissible uses under federal law are
summarized in the Background section and generally include
the state purposes that would be removed.]
The bill would make corresponding changes to
provisions directing $1 for each record requested to the
Highway Patrol Training Center Fund (Fund).

Background
The bill was introduced by the House Committee on
Transportation at the request of a representative of IHS
Markit.
At the House Committee hearing, a representative of
R.L. Polk & Co., which was described as a wholly owned
legal entity of IHS Markit, provided proponent testimony. He
stated his company uses the information for purposes
including safety recalls and CARFAX vehicle history reporting
and the bill would align Kansas statutes with the federal
____________________
*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.kslegislature.org
Driver’s Privacy Protection Act (18 USC 2721 et seq.,
enacted in 1994). He noted the statute being amended
predates the federal act. No neutral or opponent testimony
was provided.
The bill was recommended by the House Committee on
February 19, 2019, but was withdrawn from the House
Calendar and referred to the House Committee on
Appropriations on February 27, 2017. The bill was then
withdrawn from the House Committee on Appropriations and
rereferred to the House Committee on Transportation on
March 6, 2019. The House Committee again recommended
the bill favorably for passage on March 19, 2019, and
recommended the bill be placed on the Consent Calendar.
The federal Driver’s Privacy Protection Act (in 18 USC
2721(b)) includes these permissible uses:
● To carry out a governmental function, by any
government agency or private person or entity
working on its behalf;
● In connection with matters of motor vehicle or
driver safety and theft, emissions, product recalls
or advisories, motor vehicle market research, and
updating manufacturer owner records;
● Business verification of personal information
submitted to it;
● In connection with any court or arbitration matter
including service of process;
● For research, so long as personal information is
not disclosed;
● For use by insurers, in connection with claims
investigation or antifraud activities, rating, or
underwriting;

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 ● To give notice to owners of towed or impounded
vehicles;
● By private investigative agencies for a permissible
purpose;
● For employer verification of commercial driver’s
license information;
● For operations of private toll transportation
facilities;
● For response to requests for individual records if
the State has obtained express consent of the
person to whom such personal information pertains
(express consent);
● For bulk distribution of surveys, marketing, or
solicitations if the State has obtained express
consent;
● For use by any requester if the requester
demonstrates it has obtained the written consent of
the individual to whom the information pertains;
and
● For any other use specifically authorized under
state law if the use is related to the operation of a
motor vehicle or public safety.
The bill would retain the state uses of assisting the
selective service system, assisting businesses with the
verification or reporting of information to prepare and
assemble vehicle history reports, assisting an employer in
monitoring the driving record of employees required to drive
in the course of employment, and assisting the Kansas
Commission on Veterans’ Affairs Office in notifying veterans
of facilities, benefits, and services available to them.


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 According to the fiscal note prepared by the Division of
the Budget, enactment of the bill would increase
administrative costs of the Department of Revenue by $1,000
to update the driver’s licensing system. The Kansas Highway
Patrol indicates the bill could affect revenues to the Fund but
a precise estimate could not be provided.


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Statutes affected:
As introduced: 74-2012