PRINTER'S NO. 483
No. 422 Session of 1983
INTRODUCED BY PETRARCA, STAIRS, RIEGER AND DONATUCCI, MARCH 16,
1983
REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 16, 1983
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 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 6114. Limitation on sale, publication and disclosure of
9 records.
10 (a) Offenses defined.--It is unlawful for:
11 (1) Any police officer, or any officer, employee or
12 agent of any Commonwealth agency or local authority which
13 makes or receives records or reports required to be filed
14 under this title to sell, publish or disclose or offer to
15 sell, publish or disclose records or reports which relate to
16 the driving record of any person.
17 (2) Any person to purchase, secure or procure or offer
18 to purchase, secure or procure records or reports described
1 in paragraph (1).
2 (b) Exceptions.--This section does not apply to records or
3 reports:
4 (1) Required or authorized under this title to be sold,
5 published or disclosed.
6 (2) Authorized in writing by the person who is the
7 subject of the record or report to be sold, published or
8 disclosed. A police officer, or officer, employee or agent of
9 a Commonwealth agency or local authority may rely on a
10 certification from a person requesting a record or report
11 under this paragraph that its sale, publication or disclosure
12 has been authorized by the person who is the subject of the
13 record or report. In the event such sale, publication or
14 disclosure shall not have been authorized, the person who
15 made the false certification, rather than the police officer
16 or officer, employee or agent of the Commonwealth agency or
17 local authority, shall be guilty of the offense defined by
18 this section.
19 (3) Required to be released by order of court.
20 [(4) Authorized by departmental regulation to be sold,
21 published or disclosed to any Federal, State or local
22 governmental agency for the sole purpose of exercising a
23 legitimate governmental function or duty. Such records or
24 reports shall not be resold, published or disclosed by the
25 receiving agency for any commercial purpose nor without prior
26 departmental approval.
27 (5) Purchased by a person who, in compliance with the
28 Fair Credit Reporting Act (84 Stat. 1127-1136, 15 U.S.C. §
29 1601 et seq.), has filed with the department an affidavit, in
30 form acceptable to the department, certifying the intended
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1 use of said record or reports.]
2 (c) Penalty.--Any offense under this section is a [summary
3 offense punishable by a fine of $100] misdemeanor of the third
4 degree punishable by a fine of $2,500 or imprisonment of one
5 year, or both.
6 Section 2. This act shall take effect immediately.
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