SB 79-1_ Filed 04/15/2011, 08:52
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
(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
(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
(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
(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
(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
(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
(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
(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.
AM007903/DI 96 2011