Assigned to TRANS                                                                                                           AS PASSED BY THE SENATE

 

 


 

ARIZONA STATE SENATE

Phoenix, Arizona

 

REVISED

FACT SHEET FOR H.B. 2458

 

release of motor vehicle information

 

Purpose

 

Allows the motor vehicle division to release motor vehicle information to compile vehicle history reports whether or not the vehicle owner specifically requested that information not be released.

 

Background

 

In 1994, Congress passed the Driver’s Privacy Protection Act (DPPA) which limits the ability of private companies to purchase and use information obtained from vehicle registration and driver license records.  The DPPA clearly lists the permitted commercial and non-commercial uses of this information.  The DPPA details nine specific instances that this information may be acquired from the state motor vehicle division (MVD). 

 

Current Arizona statute contains several of these restrictions, and prohibited most other instances.  MVD is authorized to divulge vehicle title and registration information as long as the requestor provides the name of the owner, the vehicle identification number and the vehicle license plate number.  MVD may also release an individual’s driving record if the requestor provides the name of the licensee, the driver license number and the date of birth or expiration number of the license. 

 

Statute also limits the information released to be no older than 40 months as well as prescribes a class 1 misdemeanor for obtaining the information through false means or selling the information.

 

Laws 1990, Chapter 202 prohibited any release of information by MVD for commercial purposes if the licensee specifically requested the information not be released.  The information that is released cannot contain one or more unique factors or fields unless the ADOT Director determines there is a public health risk or general research benefit to releasing the records.

 

This legislation contains no discernable fiscal impact to the state general fund. 

 

Provisions

 

1.      Allows vehicle title and registration information, vehicle identification numbers, title brands, odometer readings and title lien information to be released to develop vehicle history reports. 

 

2.      Defines vehicle history report as a report to track the registration and total loss of a particular vehicle.

 

3.      Excludes names and addresses from a vehicle history report.

 

4.      Makes conforming changes.

 

5.      Provides for a general effective date.

 

Amendments Adopted by Committee

 

1.      Eliminates the ability to release names and addresses to businesses for verification, and the ability to release names and vehicle information to manufacturers.

 

Amendments Adopted by Committee of the Whole

 

1.      Removes the MVD Director’s ability to release motor vehicle information other than described specifically in the bill.

 

House Action                                                               Senate Action

 

TRANS           2/1/00              DPA    8-0-0-1-0        TRANS           3/9/00              DPA  4-0-3-0

3rd Read           2/28/00            DPA    52-1-7-0          3rd Read           3/27/00                      26-0-3-1

 

 

Prepared by Senate Staff

March 31, 2000