BILL NUMBER: AB 953	AMENDED
	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.