Pre-filed December 1, 1996, and 1,000 copies ordered printed.

Read 2nd time January 13, 1997, and referred to the Committee on Transportation.

Reported from the Committee January 30, 1997, with recommendation that the bill do pass.

Taken up for Perfection February 18, 1997. Bill declared Perfected and Ordered printed, as amended.

TERRY L. SPIELER, Secretary.

L0091.01P

To repeal section 32.055, RSMo 1994, relating to motor vehicle records, and to enact in lieu thereof four new sections 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     Section A. Section 32.055, RSMo 1994, is repealed and four new sections enacted in lieu thereof, to be known as sections 32.055, 1, 2 and 3, to read as follows:

     32.055. Subject to the provisions of sections 1 and 2 of this act, 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] in accordance with the fee limitations as provided in section 610.026, RSMo.

     Section 1. 1. The department of revenue shall keep a record of each application or other document filed with it and each certificate or other official document issued by it.

     2. Except as otherwise provided by law, all records of the department of revenue are public records and shall be made available to the public according to procedures established by the department.

     3. Except as otherwise provided by law, personal information obtained by the department shall be disclosed to any person requesting such personal information if the individual whose personal information is requested has not elected to prohibit the disclosure of such personal information pursuant to section 2 of this act.

     Section 2. 1. As used in sections 1 and 2 of this act, 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;

     (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 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.

     Section 3. 1. Any state agency desiring to disclose the home address or home phone number of any state employee shall not disclose such information if the employee has provided a letter to the state agency asking that the information not be disclosed.

     2. This section shall not be construed to authorize any disclosure which is otherwise prohibited under the law.

     Section B. Section A of this act shall become effective on September 13, 1997.