 |
ARIZONA STATE SENATE
Fifty-Fourth Legislature, Second Regular Session
AMENDED
ADOT revisions
Purpose
Removes the Arizona Department of Transportation's (ADOT's) ability to use personal information obtained from motor vehicle records for marketing purposes. Revises reporting and tracking requirements for the sale of vehicles with salvage titles.
Background
Current
statute allows ADOT, in accordance with the Driver’s Privacy Protection Act (DPPA)
of 1994, to disclose personal information for bulk distribution for surveys,
marketing and solicitations if express consent to distribute a person’s
information is provided. The opportunity for providing express consent must be
provided in a clear and conspicuous manner on forms for license issuance or
renewal, nonoperating identification licenses, titles and registrations (A.R.S.
§ 28-455).
The DPPA outlines permissible uses of a person’s personal information by a state department of transportation, which include motor vehicle safety, vehicle emissions, recalls and performance monitoring. Highly restricted personal information may be disclosed for certain purposes, including: 1) use by a law enforcement agency; 2) use in any civil, criminal, administrative or arbitral proceeding; 3) use in research activities; 4) providing notice to owners of impounded vehicles; and 5) for bulk distribution for surveys, marketing or solicitations if express consent is provided (18 U.S.C. § 2721).
Current statute
requires any person who sells a vehicle with a salvage title to disclose to the
buyer of the vehicle before completion of the sale that the vehicle is a
salvage vehicle (A.R.S.
§ 28-2091).
If ADOT collects a fee for an abandoned vehicle collected by a towing company, the towing company is entitled to 20 percent of the fee collected as partial reimbursement of costs incurred by the towing company (A.R.S. § 28-4805).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Release of Personal Information
1. Repeals ADOT’s ability to release personal information obtained from a motor vehicle record on express consent for bulk distribution for surveys, marketing or solicitations.
2. Removes the ability of a recipient of personal information for the purposes of bulk surveys, marketing or solicitations to resell or redisclose such information.
3. Removes guidelines relating to the opportunity to provide express consent of the release of personal information on driver licenses, nonoperating identification licenses and title and registration forms.
4. Prohibits ADOT from selling records with personal identifying information for commercial purposes unless a person is authorized to receive such records under the DPPA.
5. Removes the stipulation that only a search fee may be charged for a request for information for the purposes of bulk surveys, marketing or solicitations.
Certificates of Title and Salvage Titles
6. Requires a disclosure of a salvage title for a vehicle to be made in writing or by electronic means.
7. Removes the requirement that a fee must be paid to ADOT prior to the designation of a beneficiary of a vehicle title upon the vehicle owner’s death.
8. Specifies the beginning date of certain requirements relating to the purchase of vehicles without a certificate of title by scrap metal dealers as no later than October 1, 2020.
9. Requires a scrap metal dealer or licensed automotive recycler, upon determining that a vehicle is stolen, to report the findings to a law enforcement agency rather than ADOT.
10. Removes the requirement that the list of each vehicle purchased by a scrap metal dealer or licensed automotive recycler be delivered electronically to ADOT in a format approved by ADOT.
11. Specifies that ADOT records relating to vehicles sold by scrap metal dealers and licensed automotive recyclers must be retained as specified by ADOT’s record retention schedule, rather than 10 years.
12. Removes the requirement that the Director of ADOT incorporate by reference the National Motor Vehicle Title Information System.
Abandoned Vehicle Fee Reimbursement
13. Requires a towing company that is owed partial reimbursement for the towing of an abandoned vehicle to register with the State Procurement Office in order to qualify for payment.
14. Specifies that failure to register with the State Procurement Office results in denial and forfeiture of payment.
15. Requires ADOT to make three good faith attempts to contact a towing company owed a partial reimbursement of an abandoned vehicle fee.
16. Specifies that if ADOT is unable to contact with or does not receive a response from a towing company owed partial reimbursement, the payment is subject to forfeiture and will be reverted to the Abandoned Vehicle Administration Fund.
Commercial Driver License
17. Requires ADOT to disqualify any person from driving a commercial motor vehicle for life if the person is convicted of sex trafficking, child sex trafficking or trafficking of persons for the purpose of forced labor.
18. Allows a commercial learner’s permit holder to be accompanied by an employee or representative of ADOT for the purpose of conducting an examination.
Electronic Records
19. Allows ADOT to accept certificate of title brands from other states or jurisdictions and to record these brands on appropriate vehicle records.
20. Replaces the requirement for the Overdimensional Permit Council (ODPC) to establish a mailing list for the ODPC’s activities with the requirement that ADOT provide for electronic notification of the ODPC’s meetings.
Foreign Driver License Reciprocity
21. Removes the Director of ADOT's ability to adopt rules relating to reciprocity for driver licenses issued by foreign countries.
Payment for Business Reestablishment
22. Increases, from $25,000 to $50,000, the maximum reimbursement that may be paid by ADOT to a displaced farm, nonprofit organization or small business for the purpose of reestablishment.
Arizona Highways Magazine
23. Allows the publisher of Arizona Highways Magazine to accept donations to the Magazine to promote tourism in Arizona.
24. Requires donations to the Arizona Highways Magazine to be deposited into the Arizona Highways Magazine Fund.
Aircraft Registration
25. Requires an aircraft registration certification to be kept with an aircraft at all times.
26. Removes the requirement that a license decal be displayed on an aircraft at all times and removes ADOT's ability to issue license decals for aircraft.
Miscellaneous
27. Makes technical and conforming changes.
28. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Makes a technical change relating to the beginning date of conditional statutory requirements for scrap metal dealers.
Senate Action
TPS 2/5/20 DPA 8-0-0
Prepared by Senate Research
February 6, 2020
ZD/kja