SB 79-1_ Filed 04/15/2011, 08:52

Text Box

Adopted Rejected







    Your Committee on       Roads and Transportation     , to which was referred       Senate Bill 79     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 1, line 1; (11)AM007903.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 9-14-3.5-10; (11)AM007903.1. -->     "SECTION 1. IC 9-14-3.5-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 10. Except as provided in section 10.5 of this chapter, the bureau may disclose personal information to a person if the person requesting the information provides proof of identity and represents that the use of the personal information will be strictly limited to at least one (1) of the following:
        (1) For use by a government agency, including a court or law enforcement agency, in carrying out its functions, or a person acting on behalf of a government agency in carrying out its functions.
        (2) For use in connection with matters concerning:
            (A) motor vehicle or driver safety and theft;
            (B) motor vehicle emissions;
            (C) motor vehicle product alterations, recalls, or advisories;
            (D) performance monitoring of motor vehicles, motor vehicle parts, and dealers;
            (E) motor vehicle market research activities, including survey research; and
            (F) the removal of nonowner records from the original owner records of motor vehicle manufacturers; and
             (G) motor fuel theft under IC 24-4.6-5.
        (3) For use in the normal course of business by a business or its agents, employees, or contractors, but only:
            (A) to verify the accuracy of personal information submitted by an individual to the business or its agents, employees, or contractors; and
            (B) if information submitted to a business is not correct or is no longer correct, to obtain the correct information only for purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual.
        (4) For use in connection with a civil, a criminal, an administrative, or an arbitration proceeding in a court or government agency or before a self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or under an order of a court.
        (5) For use in research activities, and for use in producing statistical reports, as long as the personal information is not published, re-disclosed, or used to contact the individuals who are the subject of the personal information.
        (6) For use by an insurer, an insurance support organization, or a self-insured entity, or the agents, employees, or contractors of an insurer, an insurance support organization, or a self-insured entity in connection with claims investigation activities, anti-fraud activities, rating, or underwriting.
        (7) For use in providing notice to the owners of towed or impounded vehicles.
        (8) For use by a licensed private investigative agency or licensed security service for a purpose allowed under this section.
        (9) For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license that is required under the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. 2710 et seq.).
        (10) For use in connection with the operation of private toll transportation facilities.
        (11) For any use in response to requests for individual motor vehicle records when the bureau has obtained the written consent of the person to whom the personal information pertains.
        (12) For bulk distribution for surveys, marketing, or solicitations when the bureau has obtained the written consent of the person to whom the personal information pertains.
        (13) For use by any person, when the person demonstrates, in a form and manner prescribed by the bureau, that written consent has been obtained from the individual who is the subject of the information.
        (14) For any other use specifically authorized by law that is related to the operation of a motor vehicle or public safety.
However, this section does not affect the use of anatomical gift information on a person's driver's license or identification document issued by the bureau, nor does it affect the administration of anatomical gift initiatives in the state.".
SOURCE: Page 2, line 3; (11)AM007903.2. -->     Page 2, line 3, delete "requested." and insert " requested, or as provided in IC 1-1-7-1(a).".
    Page 2, line 10, delete "a retailer (or the retailer's designee)" and insert " an association of retailers".
    Page 2, line 34, delete "retailer or the retailer's" and insert " association of retailers".
    Page 2, line 35, delete "designee".
    Page 3, line 3, delete "retailer or the retailer's designee" and insert " association of retailers".
    Page 3, line 5, delete "retailer or its designee:" and insert " association of retailers:".
    Page 3, line 15, delete "retailer (and any designee of the retailer)" and insert " association of retailers".
    Page 3, line 29, delete "a retailer or".
    Page 4, between lines 5 and 6, begin a new paragraph and insert:
    " (d) The name and mailing address of the owner of a vehicle

released by the bureau of motor vehicles under subsection (a) may be used by an association of retailers only for purposes of collection efforts under this chapter.
    (e) If the owner of a vehicle makes complete payment:
        (1) as set forth in section 4(a) of this chapter for the:
            (A) price of motor fuel that has been pumped into the vehicle;
            (B) service charge of fifty dollars ($50); and
            (C) cost of certified mail; or
        (2) for an amount equal to triple the pump price of the motor fuel received plus other damages under IC 34-24-3-1, as set forth in section 5(b)(4) of this chapter;
no criminal prosecution for a violation of IC 35-43-4 may be brought against the owner of the vehicle for the failure to make proper payment to a retailer under this chapter.
    Renumber all SECTIONS consecutively.
    (Reference is to SB 79 as printed January 13, 2011.)

and when so amended that said bill do pass.


Representative Soliday

AM007903/DI 96    2011