PRINTER'S NO. 647
No. 597 Session of 1979
INTRODUCED BY PETRARCA, DOMBROWSKI, D. R. WRIGHT AND KOLTER,
MARCH 7, 1979
REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 7, 1979
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further regulating the sale, publication and
3 disclosure of records and providing an increased penalty.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 6114 of Title 75, act of November 25,
7 1970 (P.L.707, No.230), known as the Pennsylvania Consolidated
8 Statutes, is amended to read:
9 § 6114. Limitation on sale, publication and disclosure of
10 records.
11 (a) Offenses defined.--It is unlawful for:
12 (1) Any police officer, or any officer, employee or
13 agent of any Commonwealth agency or local authority which
14 makes or receives records or reports required to be filed
15 under this title to sell, publish or disclose or offer to
16 sell, publish or disclose records or reports which relate to
17 the driving record of any person.
18 (2) Any person to purchase, secure or procure or offer
1 to purchase, secure or procure records or reports described
2 in paragraph (1).
3 (b) Exceptions.--This section does not apply to records or
4 reports:
5 (1) Required or authorized under this title to be sold,
6 published or disclosed.
7 (2) Authorized in writing by the person who is the
8 subject of the record or report to be sold, published or
9 disclosed. A police officer, or officer, employee or agent of
10 a Commonwealth agency or local authority may rely on a
11 certification from a person requesting a record or report
12 under this paragraph that its sale, publication or disclosure
13 has been authorized by the person who is the subject of the
14 record or report. In the event such sale, publication or
15 disclosure shall not have been authorized, the person who
16 made the false certification, rather than the police officer
17 or officer, employee or agent of the Commonwealth agency or
18 local authority, shall be guilty of the offense defined by
19 this section.
20 (3) Required to be released by order of court.
21 [(4) Authorized by departmental regulation to be sold,
22 published or disclosed to any Federal, State or local
23 governmental agency for the sole purpose of exercising a
24 legitimate governmental function or duty. Such records or
25 reports shall not be resold, published or disclosed by the
26 receiving agency for any commercial purpose nor without prior
27 departmental approval.
28 (5) Purchased by a person who, in compliance with the
29 Fair Credit Reporting Act (84 Stat. 1127-1136, 15 U.S.C. §
30 1601 et seq.), has filed with the department an affidavit, in
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1 form acceptable to the department, certifying the intended
2 use of said record or reports.]
3 (c) Penalty.--Any offense under this section is a [summary
4 offense punishable by a fine of $100.] misdemeanor of the third
5 degree punishable by a fine of $2,500 or imprisonment of one
6 year, or both.
7 Section 2. This act shall take effect immediately.
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