BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 953
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          ASSEMBLY THIRD READING
          AB 953 (Eng)
          As Amended  January 25, 2010
          Majority vote 

           TRANSPORTATION      14-0        APPROPRIATIONS      17-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Eng, Jeffries, Bill       |Ayes:|De Leon, Conway, Ammiano, |
          |     |Berryhill, Blumenfield,   |     |Bradford, Charles         |
          |     |Buchanan, Furutani,       |     |Calderon, Coto, Davis,    |
          |     |Galgiani, Garrick, Bonnie |     |Fuentes, Hall, Harkey,    |
          |     |Lowenthal, Miller,        |     |Miller, Nielsen, John A.  |
          |     |Niello, John A. Perez,    |     |Perez, Skinner, Solorio,  |
          |     |Solorio, Torlakson        |     |Audra Strickland,         |
          |     |                          |     |Torlakson                 |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Allows insurance company agents to obtain home address  
          records from the Department of Motor Vehicles (DMV) under  
          certain circumstances.  Specifically,  this bill  :  

          1)Extends, to the employees and authorized agents of insurance  
            companies, the privilege of obtaining from DMV the home  
            addresses of motorists and vehicle owners involved in  
            accidents with any individuals insured by those companies.  

          2)Requires all information obtained under this provision to be  
            subject to the use or disclosure limitations and data security  
            requirements that exist under state and federal law for the  
            insurance companies.  

          3)Requires these limitations and requirements to be enforced by  
            DMV in compliance with its own current disclosure  
            requirements.  

          4)Requires the use and disclosure of the information so obtained  
            to be permitted only in order to obtain the address of another  
            motorist or vehicle owner involved in an accident with a  
            person insured by the authorizing insurance company.  

          5)Prohibits the information from being disclosed for any other  
            purpose or to any other person.  








                                                                  AB 953
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           EXISTING LAW  :  

          1)Holds confidential any home addresses within DMV records and  
            prohibits DMV from disclosing residence address in their  
            records to any person, except a court, law enforcement agency,  
            or other government agency.  

          2)Exempts from that prohibition licensed insurance companies  
            that state, under penalty of perjury, that they are requesting  
            the information for the purpose of obtaining the address of  
            another motorist or vehicle owner involved in an accident with  
            their insured, or are requesting the information on an  
            individual who has signed a written waiver of the  
            confidentiality of his or her DMV home address records or an  
            individual insured under a policy if a named insured of that  
            policy has signed a written waiver.  

           FISCAL EFFECT :  According to the Assembly Appropriations  
          Committee, there will be minimal costs to DMV, as the bill  
          essentially clarifies existing law.  

           COMMENTS  :  Existing law allows financial institutions and  
          insurance companies to access address information of persons  
          under specified circumstances.  This bill clarifies that  
          insurance companies' employees and the authorized agents of  
          those companies are covered under these provisions.  This access  
          is necessary to verify identity and current location of  
          financially responsible party in vehicle accidents.  Quite often  
          an insurance company involved in a subrogation action is seeking  
          to locate the vehicle owner and DMV is likely to have the most  
          up to date information.  Accurate identity information protects  
          consumers from identity theft and errors in identity and it  
          protects the business community from unnecessary costs.  This  
          bill is intended to ensure that financially responsible drivers  
          and owners can be properly identified.  

          Recent amendments to this bill (1/6/2010 & 1/25/2010) that  
          expressly subject insurance company agents (typically collection  
          agencies) to the same limitations and restrictions as those that  
          apply to the insurers themselves were developed in response to  
          concerns expressed by privacy advocates.   

           








                                                                 AB 953
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          Analysis Prepared by  :   Howard Posner / TRANS. / (916) 319-2093 




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