Session of 1999
         
SENATE BILL No. 177
         
By Committee on Transportation and Tourism
          
2-1
          
  9             AN  ACT concerning drivers license records; prohibiting the sale or dis-
10             tribution of photographs or photographic images; amending K.S.A.
11             1998 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. 1998 Supp. 74-2012 is hereby amended to read as
15       follows: 74-2012. (a) All records of the division of vehicles relating to the
16       physical or mental condition of any person, to expungement or except as
17       provided further, any photographs maintained by the division of vehicles
18       in connection with the issuance of drivers' licenses shall be confidential.
19       Photographs or digital images maintained by the division of vehicles in
20       connection with the issuance of drivers' licenses shall be available to law
21       enforcement agencies for use in criminal investigations. Records of the
22       division relating to diversion agreements for the purposes of K.S.A. 8-
23       1567, 12-4415 and 22-2908, and amendments thereto, shall be confiden-
24       tial and shall be disclosed by direct computer access only to:
25             (1) A city, county or district attorney, for the purpose of determining
26       a person's eligibility for diversion;
27             (2) a municipal or district court, for the purpose of using the record
28       in connection with any matter before the court;
29             (3) a law enforcement agency, for the purpose of supplying the record
30       to a person authorized to obtain it under paragraph (1) or (2) of this
31       subsection; or
32             (4) an employer when a person is required to retain a commercial
33       driver's license due to the nature of such person's employment.
34             All other records of the division of vehicles shall be subject to the
35       provisions of the open records act except as otherwise provided by K.S.A.
36       1998 Supp. 74-2022 and amendments thereto or this section.
37             (b) Lists of persons' names and addresses contained in or derived
38       from records of the division of vehicles shall not be sold, given or received
39       for the purposes prohibited by K.S.A. 21-3914, and amendments thereto,
40       except that:
41             (1) The director of vehicles may provide to a requesting party, and a
42       requesting party may receive, such a list and accompanying information
43       from public records of the division upon written certification that the

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  1       requesting party shall use the list solely for the purpose of: (A) Assisting
  2       manufacturers of motor vehicles in compiling statistical reports or in no-
  3       tifying owners of vehicles believed to: (i) Have safety-related defects, (ii)
  4       fail to comply with emission standards or (iii) have any defect to be rem-
  5       edied at the expense of the manufacturer; (B) assisting an insurer au-
  6       thorized to do business in this state, or the insurer's authorized agent, in
  7       processing an application for, or renewal or cancellation of, a motor ve-
  8       hicle liability insurance policy; or (C) assisting the selective service system
  9       in the maintenance of a list of persons 18 to 26 years of age in this state
10       as required under the provisions of section 3 of the federal military se-
11       lective service act.
12             (2) Any law enforcement agency of this state which has access to
13       public records of the division may furnish to a requesting party, and a
14       requesting party may receive, such a list and accompanying information
15       from such records upon written certification that the requesting party
16       shall use the list solely for the purpose of assisting an insurer authorized
17       to do business in this state, or the insurer's authorized agent, in processing
18       an application for, or renewal or cancellation of, a motor vehicle liability
19       insurance policy.
20             (c) If a law enforcement agency of this state furnishes information to
21       a requesting party pursuant to subsection (b)(2), the law enforcement
22       agency shall charge the fee prescribed by the secretary of revenue pur-
23       suant to K.S.A. 1998 Supp. 74-2022, and amendments thereto, for any
24       copies furnished and may charge an additional fee to be retained by the
25       law enforcement agency to cover its cost of providing such copies. The
26       fee prescribed pursuant to K.S.A. 1998 Supp. 74-2022, and amendments
27       thereto, shall be paid monthly to the secretary of revenue and upon re-
28       ceipt thereof shall be deposited in the state treasury to the credit of the
29       electronic databases fee fund, except for the $1 of the fee for each record
30       required to be credited to the highway patrol training center fund under
31       subsection (e).
32             (d) The secretary of revenue, the secretary's agents or employees, the
33       director of vehicles or the director's agents or employees shall not be
34       liable for damages caused by any negligent or wrongful act or omission
35       of a law enforcement agency in furnishing any information obtained from
36       records of the division of vehicles.
37             (e) A fee in an amount fixed by the secretary of revenue pursuant to
38       K.S.A. 1998 Supp. 74-2022, and amendments thereto, of not less than $2
39       for each request for information in the public records of the division
40       concerning any vehicle or licensed driver shall be charged by the division,
41       except that the director may charge a lesser fee pursuant to a contract
42       between the secretary of revenue and any person to whom the director
43       is authorized to furnish information under subsection (b), and such fee

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  1       shall not be less than the cost of production or reproduction of any in-
  2       formation requested. Except for the fees charged pursuant to a contract
  3       for title and registration records on vehicles authorized by this subsection,
  4       $1 shall be credited to the highway patrol training center fund for each
  5       record.
  6             (f) The secretary of revenue may adopt such rules and regulations as
  7       are necessary to implement the provisions of this section.
  8             (g) Except as provided in subsection (a) of this section, no person shall
  9       sell, distribute, disclose or use any photograph or digital image of an
10       individual contained in or obtained from any record or photograph main-
11       tained by the division of motor vehicles in connection with the issuance
12       of drivers licenses without first having obtained the consent of the indi-
13       vidual to whom the photograph or digital image pertains. Each consent
14       shall specifically state with particularity each purpose for which the pho-
15       tograph or digital image is requested and each use which will be made of
16       the photograph or digital image and be signed by the individual to whom
17       the photograph or digital image pertains. No form of consent shall be used
18       which is general or which fails to list each specific purpose for which the
19       photograph or digital image is requested and will be used. For the pur-
20       poses of this section, such photograph or digital image shall be treated as
21       the property of the individual to whom the photograph or digital image
22       pertains.  
23       Sec.  2. K.S.A. 1998 Supp. 74-2012 is hereby repealed.
24        Sec.  3. This act shall take effect and be in force from and after its
25       publication in the statute book.