Session of 1999
         
SENATE BILL No. 21
         
By Special Committee on Information Management
          
1-11
          
  9             AN  ACT relating to the records of the division of vehicles; amending
10             K.S.A. 1998 Supp. 74-2012 and repealing the existing section.
11      
12       Be it enacted by the Legislature of the State of Kansas:
13             Section  1. K.S.A. 1998 Supp. 74-2012 is hereby amended to read as
14       follows: 74-2012. (a) All records of the division of vehicles shall be subject
15       to the provisions of the open records act except as otherwise provided
16       under the provisions of this section and by K.S.A. 1998 Supp. 74-2022,
17       and amendments thereto.
18             (a) (b) All records of the division of vehicles relating to the physical
19       or mental condition of any person, to expungement or except as provided
20       further, any photographs maintained by the division of vehicles in con-
21       nection with the issuance of drivers' licenses and nondrivers' identifica-
22       tion cards shall be confidential. Photographs or digital images maintained
23       by the division of vehicles in connection with the issuance of drivers'
24       licenses shall be available to law enforcement agencies for use in criminal
25       investigations. Records of the division relating to diversion agreements
26       for the purposes of K.S.A. 8-1567, 12-4415 and 22-2908, and amendments
27       thereto, shall be confidential and shall be disclosed by direct computer
28       access only to:
29             (1) A city, county or district attorney, for the purpose of determining
30       a person's eligibility for diversion;
31             (2) a municipal or district court, for the purpose of using the record
32       in connection with any matter before the court;
33             (3) a law enforcement agency, for the purpose of supplying the record
34       to a person authorized to obtain it under paragraph (1) or (2) of this
35       subsection; or
36             (4) an employer when a person is required to retain a commercial
37       driver's license due to the nature of such person's employment.
38             All other records of the division of vehicles shall be subject to the
39       provisions of the open records act except as otherwise provided by K.S.A.
40       1998 Supp. 74-2022 and amendments thereto or this section.
41             (c) The disclosure of information, including personal information, col-
42       lected by the division of vehicles shall be prohibited, except as follows:
43             (1) The information may be disclosed for use by any government

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  1       agency, including any court or law enforcement agency, in carrying out
  2       its functions, or any private person or entity acting on behalf of a federal,
  3       state or local agency in carrying out its functions;
  4             (2) the information may be disclosed for use in connection with mat-
  5       ters of motor vehicle or driver safety and theft; motor vehicle emissions;
  6       motor vehicle product alterations; recalls, or advisories; performance
  7       monitoring of motor vehicles, motor vehicle parts and dealers; motor ve-
  8       hicle market research activities, including survey research; and removal
  9       of nonowner records from the original owner records of motor vehicle
10       manufacturers;
11             (3) the information may be disclosed for use in the normal course of
12       business by a legitimate business or its agents, employees or contractors,
13       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) the information may be disclosed for use in connection with any
21       civil, criminal, administrative or arbitral proceeding in any federal, state
22       or local court or agency or before any self-regulatory body, including the
23       service of process, investigation in anticipation of litigation, and the exe-
24       cution or enforcement of judgments and orders, or pursuant to an order
25       of a federal, state or local court;
26             (5) the information may be disclosed for use in research activities,
27       and for use in producing statistical reports, so long as the personal infor-
28       mation is not published, redisclosed or used to contact individuals;
29             (6) the information may be disclosed for use by any insurer or insur-
30       ance support organization, or by a self-insured entity, or its agents, em-
31       ployees or contractors, in connection with claims investigation activities,
32       antifraud activities, rating or underwriting;
33             (7) the information may be disclosed for use in providing notice to
34       the owners of towed or impounded vehicles;
35             (8) the information may be disclosed for use by any licensed private
36       investigative agency or licensed security service for any purpose permitted
37       under this subsection;
38             (9) the information may be disclosed for use by any employer or its
39       agent or insurer to obtain or verify information relating to a holder of a
40       commercial driver's license that is required under the Commercial Motor
41       Vehicle Safety Act of 1986 (49 U.S.C. App. 2710 et seq.);
42             (10) the information may be disclosed for use by any requester, if the
43       requester demonstrates it has obtained the written consent of the individ-

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  1       ual to whom the information pertains; and
  2             (11) motor vehicle title information relating to a previous owner of a
  3       motor vehicle may be disclosed after such owner has transferred title to
  4       such vehicle.
  5             (b) (d) Lists of persons' names and addresses Information, including
  6       personal information, contained in or derived from records of the division
  7       of vehicles shall not be sold, given or received for the purposes prohibited
  8       by K.S.A. 21-3914, and amendments thereto, except that:
  9             (1) The director of vehicles may provide to a requesting party, and a
10       requesting party may receive, such a list and accompanying information,
11       including personal information from public records of the division upon
12       written certification that the requesting party shall use the list such in-
13       formation solely for the purpose of: (A) Assisting manufacturers of motor
14       vehicles in compiling statistical reports or in notifying owners of vehicles
15       believed to: (i) Have safety-related defects, (ii) fail to comply with emis-
16       sion standards or (iii) have any defect to be remedied at the expense of
17       the manufacturer; (B) assisting an insurer authorized to do business in
18       this state, or the insurer's authorized agent, in processing an application
19       for, or renewal or cancellation of, a motor vehicle liability insurance pol-
20       icy; or (C) assisting the selective service system in the maintenance of a
21       list of persons 18 to 26 years of age in this state as required under the
22       provisions of section 3 of the federal military selective service act.
23             (2) Any law enforcement agency of this state which has access to
24       public records of the division may furnish to a requesting party, and a
25       requesting party may receive, such a list and accompanying information,
26       including personal information, from such records upon written certifi-
27       cation that the requesting party shall use the list solely for the purpose
28       of assisting an insurer authorized to do business in this state, or the in-
29       surer's authorized agent, in processing an application for, or renewal or
30       cancellation of, a motor vehicle liability insurance policy.
31             (c) (e) If a law enforcement agency of this state furnishes information
32       to a requesting party pursuant to paragraph (2) of subsection (b)(2) (d),
33       the law enforcement agency shall charge the fee prescribed by the sec-
34       retary of revenue pursuant to K.S.A. 1998 Supp. 74-2022, and amend-
35       ments thereto, for any copies furnished and may charge an additional fee
36       to be retained by the law enforcement agency to cover its cost of providing
37       such copies. The fee prescribed pursuant to K.S.A. 1998 Supp. 74-2022,
38       and amendments thereto, shall be paid monthly to the secretary of rev-
39       enue and upon receipt thereof shall be deposited in the state treasury to
40       the credit of the electronic databases fee fund, except for the $1 of the
41       fee for each record required to be credited to the highway patrol training
42       center fund under subsection (e)(g).
43             (d) (f) The secretary of revenue, the secretary's agents or employees,

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  1       the director of vehicles or the director's agents or employees shall not be
  2       liable for damages caused by any negligent or wrongful act or omission
  3       of a law enforcement agency in furnishing any information obtained from
  4       records of the division of vehicles.
  5             (e) (g) A fee in an amount fixed by the secretary of revenue pursuant
  6       to K.S.A. 1998 Supp. 74-2022, and amendments thereto, of not less than
  7       $2 for each request for information in the public records of the division
  8       concerning any vehicle or licensed driver shall be charged by the division,
  9       except that the director may charge a lesser fee pursuant to a contract
10       between the secretary of revenue and any person to whom the director
11       is authorized to furnish information under paragraph (1) of subsection
12       (b) (d), and such fee shall not be less than the cost of production or
13       reproduction of any information requested. Except for the fees charged
14       pursuant to a contract for title and registration records on vehicles au-
15       thorized by this subsection, $1 shall be credited to the highway patrol
16       training center fund for each record.
17             (h) As used in this section "personal information" means information
18       that identifies a person, identification number, name, address, including
19       information on vehicular accidents, driving or equipment-related viola-
20       tions, but shall not include such information considered confidential under
21       subsection (b).
22             (f) (i) The secretary of revenue may adopt such rules and regulations
23       as are necessary to implement the provisions of this section. 
24       Sec.  2. K.S.A. 1998 Supp. 74-2012 is hereby repealed.
25        Sec.  3. This act shall take effect and be in force from and after its
26       publication in the statute book.