Session of 1998
                   
HOUSE BILL No. 2648
         
By Representatives Ray,
         
Beggs, Carmody, Cox, Freeborn, Huff, Lane and Shultz
         
1-16
          10             AN ACT relating to the records of the division of vehicles; amending
11             K.S.A. 1997 Supp. 74-2012 and repealing the existing section.
12            
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 1997 Supp. 74-2012 is hereby amended to read as
15       follows: 74-2012. (a) All records of the division of vehicles shall be subject
16       to the provisions of the open records act except as otherwise provided
17       under the provisions of this section and by K.S.A. 1997 Supp. 74-2022,
18       and amendments thereto.
19           (a) (b) All records of the division of vehicles relating to the physical
20       or mental condition of any person, to expungement or except as provided
21       further, any photographs maintained by the division of vehicles in con-
22       nection with the issuance of drivers' licenses and nondrivers' identifica-
23       tion cards shall be confidential. Photographs or digital images maintained
24       by the division of vehicles in connection with the issuance of drivers'
25       licenses shall be available to law enforcement agencies for use in criminal
26       investigations. Records of the division relating to diversion agreements
27       for the purposes of K.S.A. 8-1567, 12-4415 and 22-2908, and amendments
28       thereto, shall be confidential and shall be disclosed by direct computer
29       access only to:
30           (1) A city, county or district attorney, for the purpose of determining
31       a person's eligibility for diversion;
32           (2) a municipal or district court, for the purpose of using the record
33       in connection with any matter before the court;
34           (3) a law enforcement agency, for the purpose of supplying the record
35       to a person authorized to obtain it under paragraph (1) or (2) of this
36       subsection; or
37           (4) an employer when a person is required to retain a commercial
38       driver's license due to the nature of such person's employment.
39           All other records of the division of vehicles shall be subject to the
40       provisions of the open records act except as otherwise provided by K.S.A.
41       1997 Supp. 74-2022 and amendments thereto or this section.
42           (c) The disclosure of information, including personal information, col-
43       lected by the division of vehicles shall be prohibited, except under the

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  1       following situations:
  2           (1) For use by any government agency, including any court or law
  3       enforcement agency, in carrying out its functions, or any private person
  4       or entity acting on behalf of a federal, state or local agency in carrying
  5       out its functions;
  6           (2) for use in connection with matters of motor vehicle or driver safety
  7       and theft; motor vehicle emissions; motor vehicle product alterations; re-
  8       calls, or advisories; performance monitoring of motor vehicles, motor ve-
  9       hicle parts and dealers; motor vehicle market research activities, including
10       survey research; and removal of nonowner records from the original
11       owner records of motor vehicle manufacturers;
12           (3) for use in the normal course of business by a legitimate business
13       or its agents, employees or contractors, but only:
14           (A) To verify the accuracy of personal information submitted by the
15       individual to the business or its agents, employees or contractors; and
16           (B) if such information as so submitted is not correct or is no longer
17       correct, to obtain the correct information, but only for the purposes of
18       preventing fraud by, pursuing legal remedies against, or recovering on a
19       debt or security interest against, the individual;
20           (4) for use in connection with any civil, criminal, administrative or
21       arbitral proceeding in any federal, state or local court or agency or before
22       any self-regulatory body, including the service of process, investigation in
23       anticipation of litigation, and the execution or enforcement of judgments
24       and orders, or pursuant to an order of a federal, state or local court;
25           (5) for use in research activities, and for use in producing statistical
26       reports, so long as the personal information is not published, redisclosed
27       or used to contact individuals;
28           (6) for use by any insurer or insurance support organization, or by a
29       self-insured entity, or its agents, employees or contractors, in connection
30       with claims investigation activities, antifraud activities, rating or under-
31       writing;
32           (7) for use in providing notice to the owners of towed or impounded
33       vehicles;
34           (8) for use by any licensed private investigative agency or licensed
35       security service for any purpose permitted under this subsection;
36           (9) for use by any employer or its agent or insurer to obtain or verify
37       information relating to a holder of a commercial driver's license that is
38       required under the Commercial Motor Vehicle Safety Act of 1986 (49
39       U.S.C. App. 2710 et seq.);
40           (10) for use by any requester, if the requester demonstrates it has
41       obtained the written consent of the individual to whom the information
42       pertains.
43           (b) (d) Lists of persons' names and addresses Information, including

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  1       personal information, contained in or derived from records of the division
  2       of vehicles shall not be sold, given or received for the purposes prohibited
  3       by K.S.A. 21-3914, and amendments thereto, except that:
  4           (1) The director of vehicles may provide to a requesting party, and a
  5       requesting party may receive, such a list and accompanying information,
  6       including personal information from public records of the division upon
  7       written certification that the requesting party shall use the list such in-
  8       formation solely for the purpose of: (A) Assisting manufacturers of motor
  9       vehicles in compiling statistical reports or in notifying owners of vehicles
10       believed to: (i) Have safety-related defects, (ii) fail to comply with emis-
11       sion standards or (iii) have any defect to be remedied at the expense of
12       the manufacturer; (B) assisting an insurer authorized to do business in
13       this state, or the insurer's authorized agent, in processing an application
14       for, or renewal or cancellation of, a motor vehicle liability insurance pol-
15       icy; or (C) assisting the selective service system in the maintenance of a
16       list of persons 18 to 26 years of age in this state as required under the
17       provisions of section 3 of the federal military selective service act.
18           (2) Any law enforcement agency of this state which has access to
19       public records of the division may furnish to a requesting party, and a
20       requesting party may receive, such a list and accompanying information,
21       including personal information, from such records upon written certifi-
22       cation that the requesting party shall use the list solely for the purpose
23       of assisting an insurer authorized to do business in this state, or the in-
24       surer's authorized agent, in processing an application for, or renewal or
25       cancellation of, a motor vehicle liability insurance policy.
26           (c) (e) If a law enforcement agency of this state furnishes information
27       to a requesting party pursuant to paragraph (2) of subsection (b)(2) (d),
28       the law enforcement agency shall charge the fee prescribed by the sec-
29       retary of revenue pursuant to K.S.A. 1997 Supp. 74-2022, and amend-
30       ments thereto, for any copies furnished and may charge an additional fee
31       to be retained by the law enforcement agency to cover its cost of providing
32       such copies. The fee prescribed pursuant to K.S.A. 1997 Supp. 74-2022,
33       and amendments thereto, shall be paid monthly to the secretary of rev-
34       enue and upon receipt thereof shall be deposited in the state treasury to
35       the credit of the electronic databases fee fund, except for the $1 of the
36       fee for each record required to be credited to the highway patrol training
37       center fund under subsection (e) (g).
38           (d) (f) The secretary of revenue, the secretary's agents or employees,
39       the director of vehicles or the director's agents or employees shall not be
40       liable for damages caused by any negligent or wrongful act or omission
41       of a law enforcement agency in furnishing any information obtained from
42       records of the division of vehicles.
43           (e) (g) A fee in an amount fixed by the secretary of revenue pursuant

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  1       to K.S.A. 1997 Supp. 74-2022, and amendments thereto, of not less than
  2       $2 for each request for information in the public records of the division
  3       concerning any vehicle or licensed driver shall be charged by the division,
  4       except that the director may charge a lesser fee pursuant to a contract
  5       between the secretary of revenue and any person to whom the director
  6       is authorized to furnish information under paragraph (1) of subsection
  7       (b) (d), and such fee shall not be less than the cost of production or
  8       reproduction of any information requested. Except for the fees charged
  9       pursuant to a contract for title and registration records on vehicles au-
10       thorized by this subsection, $1 shall be credited to the highway patrol
11       training center fund for each record.
12           (h) As used in this section ``personal information'' means information
13       that identifies a person, identification number, name, address, including
14       information on vehicular accidents, driving or equipment-related viola-
15       tions, but shall not include such information considered confidential under
16       subsection (b).
17           (f) (i) The secretary of revenue may adopt such rules and regulations
18       as are necessary to implement the provisions of this section.
19           Sec. 2. K.S.A. 1997 Supp. 74-2012 is hereby repealed.
20           Sec. 3. This act shall take effect and be in force from and after its
21       publication in the statute book.
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