California Assembly Bill AB953 Amended / Bill

 BILL NUMBER: AB 953AMENDED BILL TEXT AMENDED IN ASSEMBLY JANUARY 25, 2010 AMENDED IN ASSEMBLY JANUARY 6, 2010 AMENDED IN ASSEMBLY APRIL 14, 2009 INTRODUCED BY Assembly Member Eng FEBRUARY 26, 2009 An act to amend Section 1808.22 of the Vehicle Code, relating to vehicles. LEGISLATIVE COUNSEL'S DIGEST AB 953, as amended, Eng. Department of Motor Vehicles: records: confidentiality. Existing law requires the residence address in a record of the Department of Motor Vehicles to be kept confidential, with specified exceptions. One exception applies to an insurance company when the company requests the information for the purpose of obtaining the address of another motorist or vehicle owner involved in an accident with the company's insured. This bill would expand these exceptions to include an employee or an authorized agent of an insurance company. This bill would also require that, among other things, all information obtained from the department by an agent or an employee shall be subject to the use or disclosure limitations and data security requirements that exist for any employer or principal under applicable state and federal law. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1808.22 of the Vehicle Code is amended to read: 1808.22. (a) Section 1808.21 does not apply to a financial institution licensed by the state or federal government to do business in the State of California, if the financial institution states under penalty of perjury that it has obtained a written waiver of Section 1808.21 signed by the individual whose address is requested, or to providing the address of a person who has entered into an agreement held by that institution prior to July 1, 1990, so long as that agreement remains in effect. (b) Section 1808.21 does not apply to an insurance company licensed to do business in California, or to an employee or authorized agent of that insurance company, if the company, under penalty of perjury, requests the information for the purpose of obtaining the address of another motorist or vehicle owner involved in an accident with  their   the company's  insured, or requests the information on an individual who has signed a written waiver of Section 1808.21 or  on  the individuals insured under a policy if a named insured of that policy has signed a written waiver. (c) Notwithstanding any other provisions of the Vehicle Code and regulations adopted by the department, all information obtained from the department pursuant to the exemptions in subdivision (b) shall be subject to the then-existing use or disclosure limitations and data security requirements for the employer or principal under applicable state and federal law. Use or disclosure limitations and data security requirements imposed on agents and employees by this subdivision shall be enforced by the department  in compliance with its then existing regulations governing the use or disclosure of information obtained by the department pursuant to subdivision (b)  . The use or disclosure of information obtained from the department pursuant to subdivision (b) shall  only be in the course of the agent or the employee providing services for the principal relating to the transaction or event for which the principal is allowed to obtain the information from the department, and   be permitted only for the purpose of obtaining the   address of another motorist or vehicle owner involved in an accident with the company's insured. The information  shall not be used or disclosed for any other purpose or to any other person. (d) Section 1808.21 does not apply to an attorney if the attorney states, under penalty of perjury, that the motor vehicle or vessel registered owner or driver residential address information is necessary in order to represent his or her client in a criminal or civil action that directly involves the use of the motor vehicle or vessel that is pending, is to be filed, or is being investigated. Information requested pursuant to this subdivision is subject to all of the following: (1) The attorney shall state that the criminal or civil action that is pending, is to be filed, or is being investigated relates directly to the use of that motor vehicle or vessel. (2) The case number, if any, or the names of expected parties to the extent they are known to the attorney requesting the information, shall be listed on the request. (3) A residence address obtained from the department shall not be used for any purpose other than in furtherance of the case cited or action to be filed or that is being investigated. (4) If an action is not filed within a reasonable time, the residence address information shall be destroyed. (5) An attorney shall not request  residence   residential  address information pursuant to this subdivision in order to sell the information to a person. (6) Within 10 days of receipt of a request, the department shall notify every individual whose residence address has been requested pursuant to this subdivision. (e) A knowing violation of paragraph (1), (2), (3), (4), or (5) of subdivision (d) is a misdemeanor. A knowing violation of paragraph (1), (2), (3), (4), or (5) of subdivision (d) in furtherance of another crime is subject to the same penalties as that other crime.