Read 1st time February 2, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To repeal section 32.091, RSMo Supp. 1999, relating to disclosure of individual motor vehicle records, and to enact in lieu thereof two new sections relating to commercial drivers' licenses, with penalty provisions.
Section A. Section 32.091, RSMo Supp. 1999, is repealed and two new sections enacted in lieu thereof, to be known as sections 32.091 and 302.716, to read as follows:
32.091. 1. As used in sections 32.090 and 32.091, 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, drug and alcohol test reports pursuant to section 302.716, RSMo, 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.
302.716. 1. Every motor carrier shall:
(1) Have an in-house drug and alcohol testing program that meets the federal requirements of 49 C.F.R. 382; or
(2) Be a member of a consortium, as defined in 49 C.F.R. 382.107, that provides testing that meets the federal requirements.
2. When a medical review officer of a motor carrier's testing program or of the consortium the motor carrier belongs to determines that a positive test result is valid, the officer shall report the finding to the department of revenue.
3. The commercial driver's license record of any commercial driver license shall include all reports of drug and alcohol test results made to the department of revenue pursuant to this section.
4. The department of revenue shall disclose information about a drug and alcohol test made pursuant to this section only with written permission from the subject of the report.
5. Any person who violates the provisions of this section is guilty of a class A misdemeanor.
6. The department of revenue may adopt rules to implement the provisions of this section. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.
7. The definitions of chapter 390, RSMo, shall apply to this section.
Missouri House of Representatives