INTRODUCED
HB 1907 -- Employee Background Checks
Sponsor: Lakin
This bill specifies that a health care provider's duty to
conduct employee criminal background checks under section
660.317 is satisfied if the Highway Patrol completes an inquiry
of criminal records that are available for disclosure. The bill
also clarifies that completing the background check under
section 660.317 does not exempt an employer from common law
requirements of exercising due diligence in hiring decisions.
Missouri House of Representatives' Home Page This article included on an interest basis, no commercial intent implied © 1999, Cotal Systems, Inc.
DRIVERS PRIVACY PROTECTION ACT OF 1994
CITE 18 USC CHAPTER 123 - PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL
INFORMATION FROM STATE
MOTOR VEHICLE RECORDS 01/03/95
EXPCITE TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 123 - PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL
INFORMATION FROM STATE MOTOR VEHICLE RECORDS
.
HEAD CHAPTER 123 - PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL
INFORMATION FROM STATE MOTOR VEHICLE RECORDS
MISC1 Sec.
2721. Prohibition on release and use of certain personal
information from State motor vehicle records. (FOOTNOTE 1)
(FOOTNOTE 1) Editorially supplied. Sections 2721 to 2725 added
by Pub. L. 103-322 without corresponding enactment of chapter
analysis.
2722. Additional unlawful acts. (FOOTNOTE 1)
2723. Penalties. (FOOTNOTE 1)
2724. Civil action. (FOOTNOTE 1)
2725. Definitions. (FOOTNOTE 1)
EFFECTIVE DATE OF CHAPTER
Chapter effective 3 years after Sept. 13, 1994, with provisions
relating to implementation of section 2721(b)(11) and (12) of
this title and further provision that prior to effective date,
personal information covered by this chapter may be released
consistent with State law or practice, see section 300003 of Pub.
L. 103-322, set out as an Effective Date note under section 2721
of this title.
HEAD Sec. 2721. Prohibition on release and use of certain personal
information from State motor vehicle records
STATUTE (a) In General. - Except as provided in subsection (b), a State
department of motor vehicles, and any officer, employee, or
contractor, thereof, shall not knowingly disclose or otherwise make
available to any person or entity personal information about any
individual obtained by the department in connection with a motor
vehicle record.
(b) Permissible Uses. - Personal information referred to in
subsection (a) shall be disclosed for use in connection with
matters of motor vehicle or driver safety and theft, motor vehicle
emissions, motor vehicle product alterations, recalls, or
advisories, performance monitoring of motor vehicles and dealers by
motor vehicle manufacturers, and removal of non-owner records from
the original owner records of motor vehicle manufacturers to carry
out the purposes of the Automobile Information Disclosure Act, the
Motor Vehicle Information and Cost Saving Act, the National Traffic
and Motor Vehicle Safety Act of 1966, the Anti-Car Theft Act of
1992, and the Clean Air Act, and may be disclosed as follows:
(1) For use by any government agency, including any court or
law enforcement agency, in carrying out its functions, or any
private person or entity acting on behalf of a Federal, State, or
local agency in carrying out its functions.
(2) For use in connection with matters of motor vehicle or
driver safety and theft; motor vehicle emissions; motor vehicle
product alterations, recalls, or advisories; performance
monitoring of motor vehicles, motor vehicle parts and dealers;
motor vehicle market research activities, including survey
research; and removal of non-owner records from the original
owner records of motor vehicle manufacturers.
(3) For use in the normal course of business by a legitimate
business or its agents, employees, or contractors, but only -
(A) to verify the accuracy of personal information submitted
by the individual to the business or its agents, employees, or
contractors; and
(B) if such information as so submitted is not correct or is
no longer correct, to obtain the correct information, but only
for the 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 any civil, criminal,
administrative, or arbitral proceeding in any Federal, State, or
local court or agency or before any self-regulatory body,
including the service of process, investigation in anticipation
of litigation, and the execution or enforcement of judgments and
orders, or pursuant to an order of a Federal, State, or local
court.
(5) For use in research activities, and for use in producing
statistical reports, so long as the personal information is not
published, redisclosed, or used to contact individuals.
(6) For use by any insurer or insurance support organization,
or by a self-insured entity, or its agents, employees, or
contractors, in connection with claims investigation activities,
antifraud activities, rating or underwriting.
(7) For use in providing notice to the owners of towed or
impounded vehicles.
(8) For use by any licensed private investigative agency or
licensed security service for any purpose permitted under this
subsection.
(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. App. 2710 et seq.). (FOOTNOTE 1)
(FOOTNOTE 1) See References in Text note below.
(10) For use in connection with the operation of private toll
transportation facilities.
(11) For any other use in response to requests for individual
motor vehicle records if the motor vehicle department has
provided in a clear and conspicuous manner on forms for issuance
or renewal of operator's permits, titles, registrations, or
identification cards, notice that personal information collected
by the department may be disclosed to any business or person, and
has provided in a clear and conspicuous manner on such forms an
opportunity to prohibit such disclosures.
(12) For bulk distribution for surveys, marketing or
solicitations if the motor vehicle department has implemented
methods and procedures to ensure that -
(A) individuals are provided an opportunity, in a clear and
conspicuous manner, to prohibit such uses; and
(B) the information will be used, rented, or sold solely for
bulk distribution for surveys, marketing, and solicitations,
and that surveys, marketing, and solicitations will not be
directed at those individuals who have requested in a timely
fashion that they not be directed at them.
(13) For use by any requester, if the requester demonstrates it
has obtained the written consent of the individual to whom the
information pertains.
(14) For any other use specifically authorized under the law of
the State that holds the record, if such use is related to the
operation of a motor vehicle or public safety.
(c) Resale or Redisclosure. - An authorized recipient of personal
information (except a recipient under subsection (b)(11) or (12))
may resell or redisclose the information only for a use permitted
under subsection (b) (but not for uses under subsection (b)(11) or
(12)). An authorized recipient under subsection (b)(11) may resell
or redisclose personal information for any purpose. An authorized
recipient under subsection (b)(12) may resell or redisclose
personal information pursuant to subsection (b)(12). Any authorized
recipient (except a recipient under subsection (b)(11)) that
resells or rediscloses personal information covered by this title
must keep for a period of 5 years records identifying each person
or entity that receives information and the permitted purpose for
which the information will be used and must make such records
available to the motor vehicle department upon request.
(d) Waiver Procedures. - A State motor vehicle department may
establish and carry out procedures under which the department or
its agents, upon receiving a request for personal information that
does not fall within one of the exceptions in subsection (b), may
mail a copy of the request to the individual about whom the
information was requested, informing such individual of the
request, together with a statement to the effect that the
information will not be released unless the individual waives such
individual's right to privacy under this section.
SOURCE (Added Pub. L. 103-322, title XXX, Sec. 300002(a), Sept. 13, 1994,
108 Stat. 2099.)
REFTEXT REFERENCES IN TEXT
The Automobile Information Disclosure Act, referred to in subsec.
(b), is Pub. L. 85-506, July 7, 1958, 72 Stat. 325, as amended,
which is classified generally to chapter 28 (Sec. 1231 et seq.) of
Title 15, Commerce and Trade. For complete classification of this
Act to the Code, see Short Title note set out under section 1231 of
Title 15 and Tables.
The Motor Vehicle Information and Cost Saving Act, referred to in
subsec. (b), probably means the Motor Vehicle Information and Cost
Savings Act, Pub. L. 92-513, Oct. 20, 1972, 86 Stat. 947, as
amended, which was classified generally to chapter 46 (Sec. 1901 et
seq.) of Title 15, and was repealed by Pub. L. 103-272, Sec. 7(b),
July 5, 1994, 108 Stat. 1379, and Pub. L. 103-429, Sec. 11(b), Oct.
31, 1994, 108 Stat. 4391, and reenacted by the first section of
Pub. L. 103-272, and section 6(43)(B) of Pub. L. 103-429, as part C
(Sec. 32101 et seq.) of subtitle VI of Title 49, Transportation.
The National Traffic and Motor Vehicle Safety Act of 1966,
referred to in subsec. (b), is Pub. L. 89-563, Sept. 9, 1966, 80
Stat. 718, as amended, which was classified generally to chapter 38
(Sec. 1381 et seq.) of Title 15, and was substantially repealed by
Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108 Stat. 1379, and
reenacted by the first section thereof as chapter 301 (Sec. 30101
et seq.) of Title 49.
The Anti-Car Theft Act of 1992, referred to in subsec. (b),
probably means the Anti Car Theft Act of 1992, Pub. L. 102-519,
Oct. 25, 1992, 106 Stat. 3384. Sections 201 to 204 and 301 to 306
of the Act were repealed by Pub. L. 103-272, Sec. 7(b), July 5,
1994, 108 Stat. 1379, the first section of which enacted subtitles
II, III, and V to X of Title 49. For complete classification of
this Act to the Code, see Short Title of 1992 Amendment note set
out under section 2311 of this title and Tables.
The Clean Air Act, referred to in subsec. (b), is act July 14,
1955, ch. 360, 69 Stat. 322, as amended, which is classified
generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this Act to the
Code, see Short Title note set out under section 7401 of Title 42
and Tables.
The Commercial Motor Vehicle Safety Act of 1986, referred to in
subsec. (b)(9), is title XII of Pub. L. 99-570, Oct. 27, 1986, 100
Stat. 3207-170, which was classified principally to chapter 36
(Sec. 2701 et seq.) of former Title 49, Transportation, and was
substantially repealed by Pub. L. 103-272, Sec. 7(b), July 5, 1994,
108 Stat. 1379, and reenacted by the first section thereof as
chapter 313 (Sec. 31301 et seq.) of Title 49, Transportation.
MISC2 EFFECTIVE DATE
Section 300003 of Pub. L. 103-322 provided that: ''The amendments
made by section 300002 (enacting this chapter) shall become
effective on the date that is 3 years after the date of enactment
of this Act (Sept. 13, 1994). After the effective date, if a State
has implemented a procedure under section 2721(b)(11) and (12) of
title 18, United States Code, as added by section 2902 (probably
should be section ''300002(a)''), for prohibiting disclosures or
uses of personal information, and the procedure otherwise meets the
requirements of subsection (b)(11) and (12), the State shall be in
compliance with subsection (b)(11) and (12) even if the procedure
is not available to individuals until they renew their license,
title, registration or identification card, so long as the State
provides some other procedure for individuals to contact the State
on their own initiative to prohibit such uses or disclosures.
Prior to the effective date, personal information covered by the
amendment made by section 300002 may be released consistent with
State law or practice.''
SHORT TITLE
Section 300001 of title XXX of Pub. L. 103-322 provided that:
''This title (enacting this chapter) may be cited as the 'Driver's
Privacy Protection Act of 1994'.''
SECREF SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2722 of this title.
HEAD Sec. 2722. Additional unlawful acts
STATUTE (a) Procurement for Unlawful Purpose. - It shall be unlawful for
any person knowingly to obtain or disclose personal information,
from a motor vehicle record, for any use not permitted under
section 2721(b) of this title.
(b) False Representation. - It shall be unlawful for any person
to make false representation to obtain any personal information
from an individual's motor vehicle record.
SOURCE (Added Pub. L. 103-322, title XXX, Sec. 300002(a), Sept. 13, 1994,
108 Stat. 2101.)
HEAD Sec. 2723. Penalties
STATUTE (a) Criminal Fine. - A person who knowingly violates this chapter
shall be fined under this title.
(b) Violations by State Department of Motor Vehicles. - Any State
department of motor vehicles that has a policy or practice of
substantial noncompliance with this chapter shall be subject to a
civil penalty imposed by the Attorney General of not more than
$5,000 a day for each day of substantial noncompliance.
SOURCE (Added Pub. L. 103-322, title XXX, Sec. 300002(a), Sept. 13, 1994,
108 Stat. 2101.)
HEAD Sec. 2724. Civil action
STATUTE (a) Cause of Action. - A person who knowingly obtains, discloses
or uses personal information, from a motor vehicle record, for a
purpose not permitted under this chapter shall be liable to the
individual to whom the information pertains, who may bring a civil
action in a United States district court.
(b) Remedies. - The court may award -
(1) actual damages, but not less than liquidated damages in the
amount of $2,500;
(2) punitive damages upon proof of willful or reckless
disregard of the law;
(3) reasonable attorneys' fees and other litigation costs
reasonably incurred; and
(4) such other preliminary and equitable relief as the court
determines to be appropriate.
SOURCE (Added Pub. L. 103-322, title XXX, Sec. 300002(a), Sept. 13, 1994,
108 Stat. 2101.)
HEAD Sec. 2725. Definitions
STATUTE In this chapter -
(1) ''motor vehicle record'' means any record that pertains to
a motor vehicle operator's permit, motor vehicle title, motor
vehicle registration, or identification card issued by a
department of motor vehicles;
(2) ''person'' means an individual, organization or entity, but
does not include a State or agency thereof; and
(3) ''personal information'' means information that identifies
an individual, including an individual's photograph, social
security number, driver identification number, name, address (but
not the 5-digit zip code), telephone number, and medical or
disability information, but does not include information on
vehicular accidents, driving violations, and driver's status.
SOURCE (Added Pub. L. 103-322, title XXX, Sec. 300002(a), Sept. 13, 1994,
108 Stat. 2102.)
