FIRST REGULAR SESSION
SENATE BILL NO. 438
90TH GENERAL ASSEMBLY
INTRODUCED BY SENATORS RUSSELL, WESTFALL, FLOTRON, CHILDERS AND KINDER.
Read 1st time February 11, 1999, and 1,000 copies ordered printed.
TERRY L. SPIELER, Secretary.
L2003.01I
AN ACT
To repeal section 32.091, RSMo Supp. 1998, relating to the disclosure of motor vehicle records, and to enact in lieu thereof one new section relating to the same subject.
Section A. Section 32.091, RSMo Supp. 1998, is repealed and one new section enacted in lieu thereof, to be known as section 32.091, to read as follows:
32.091. 1. As used in sections 32.090 and 32.091, the following terms mean:
(1) "Motor vehicle record", any record that pertains to a motor vehicle operator's permit, motor vehicle title, motor vehicle registration or identification card issued by the department of revenue, but does not include an individual's photograph;
(2) "Person", an individual, organization or entity, but does not include a state or agency thereof;
(3) "Personal information", information that identifies an individual, including an individual's [photograph,] Social Security number, driver identification number, name, address, but not the five-digit zip code, telephone number, and medical or disability information, but does not include an individual's photograph or information on vehicular accidents, driving violations and driver's status.
2. The department of revenue may disclose individual motor vehicle records pursuant to section 2721(b)(11) of Title 18 of the United States Code and may disclose motor vehicle records in bulk pursuant to section 2721(b)(12) of Title 18 of the United States Code in the manner prescribed in this section. The department shall provide to all individuals for which such records are maintained a method by which an individual may prohibit personal information in such individual's records from being disclosed pursuant to this section.
3. A notice that the personal information may be disclosed pursuant to this section and a notice of an individual's right to prohibit such disclosure shall be printed on all forms for issuance or renewal of motor vehicle titles and registrations prescribed in chapter 301, RSMo, and forms for issuance or renewal of motor vehicle operator's permits, licenses and personal identification cards issued pursuant to chapter 302, RSMo, in a clear and conspicuous manner. In addition, with respect to bulk disclosures, the department shall ensure that the personal information disclosed shall be used, rented or sold solely for bulk distribution for surveys, marketing and solicitations, and that such surveys, marketing and solicitations shall not be directed at individuals who have notified the department in a timely manner that they do not want the personal information contained in motor vehicle records disclosed.
4. Notwithstanding any other provision of law to the contrary, the department of revenue shall disclose any motor vehicle record or personal information permitted to be disclosed pursuant to sections 2721(b)(1) to 2721(b)(10) and 2721(b)(13) to 2721(b)(14) of Title 18 of the United States Code.
5. Pursuant to section 2721(b)(14) of Title 18 of the United States Code, any person who has a purpose to disseminate to the public a newspaper, book, magazine, broadcast or other similar form of public communication, including dissemination by computer or other electronic means, may request the department to provide individual or bulk motor vehicle records, such dissemination being related to the operation of a motor vehicle or to public safety. Upon receipt of such request, the department shall release the requested motor vehicle records. It is the public policy of this state that records be open to the public unless otherwise provided by law. The disclosure provisions of this section shall be liberally construed and the exemptions strictly construed to promote this public policy.