To repeal section 32.055, RSMo 1994, relating to motor vehicle records, and to enact one new section relating to the same subject, with an effective date.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Section 32.055, RSMo 1994, is repealed and one new section enacted in lieu thereof, to be known as section 32.055, to read as follows:

32.055. [The director of revenue may, at his discretion, sell lists of motor vehicle registrations to any organization organized under an act of the Congress of the United States at a price of not less than seven dollars and fifty cents per one thousand names.] 1. Notwithstanding the provisions of chapter 610, RSMo, no officer, employee or contractor of the department of revenue shall knowingly disclose or otherwise make available any personal information about an individual contained in the department's motor vehicle or driver's license records, except as provided in this section.

2. As used in this section, the term "personal information" shall include the individual's photograph, name, address, telephone number, facsimile number, social security number, driver identification number, any medical or disability information and any physical attributes. It shall not include information on driving violations, driving status and accidents. As used in this section, the term "driver's license" shall include temporary licenses and personal identification cards issued by the department of revenue.

3. Personal information may only be disclosed under this section for the following purposes:

(1) For official use by any federal, state or local government agency, including courts and law enforcement agencies, or by a private or quasi-governmental agency in carrying out its duties on behalf of a government agency;

(2) For use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufacturers and removal of nonowner records from the original owner records of motor vehicle manufacturers;

(3) For use in research or reporting activities, as long as personal information is not disclosed in connection with individual names;

(4) For use by insurers, insurance support organizations, self-insured entities or their licensed agents in connection with claims investigation, antifraud, rating or underwriting activities;

(5) For use by towing and motor vehicle storage companies in providing notice to owners or lienholders of towed or impounded motor vehicles;

(6) For use by a licensed private investigative agency or a licensed attorney with respect to the enforcement of court judgments or orders;

(7) For use by any person who has obtained the express written and notarized consent of the individual to whom the information pertains within the past five years;

(8) For use by an employer or its agent or insurer to obtain and verify information relating to a holder of a commercial driver's license that is required under the Commercial Motor Vehicle Safety Act of 1986, as amended; or

(9) For any other use specifically authorized under state or federal law if such use is related to motor vehicle operation or public safety.

4. No authorized recipient may redisclose the personal information obtained under this section except within the same agency or entity for the purposes authorized.

5. Every request for information made under subdivisions (2) through (9) of subsection 3 of this section shall be made in writing and shall be recorded in the record of the individual to whom the record pertains. Any individual may review his or her own records upon request and payment of a fee set as required under section 610.026, RSMo.

6. No person shall make a false representation to obtain any personal information under this section.

7. (1) Any person violating the provisions of this section shall be guilty of a class A misdemeanor.

(2) Any person violating subsection 6 of this section who has previously been convicted of the same violation shall be guilty of a class D felony.

Section B. The provisions of this act shall become effective on January 1, 1997.