BILL NUMBER: AB 953	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 7, 2010
	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  
this exception  to include  an employee or an authorized
agent   an authorized contractor  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   authorized contractor of an insurance company
 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  authorized contractor  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 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   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  
an authorized contractor  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   from  the department
pursuant to subdivision (b). The use or disclosure of information
obtained from the department  by an authorized contractor of the
insurance company  pursuant to subdivision (b)  without a
written waiver of Section 1808.21 signed by the individual 
shall 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 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.