BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 953
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 953 (Eng)
          As Amended  July 15, 2010
          Majority vote
           
           ----------------------------------------------------------------- 
          |ASSEMBLY:  |73-0 |(January 27,    |SENATE: |34-0 |(August 9,     |
          |           |     |2010)           |        |     |2010)          |
           ----------------------------------------------------------------- 
            
           Original Committee Reference:    TRANS  . 

           SUMMARY  :  Allows insurance company agents to obtain home address  
          records from the Department of Motor Vehicles (DMV) under  
          certain circumstances.  

           The Senate amendments  :  
           
           1)Require an insurer's agent accessing these records to be  
            acting under contract to the insurer.  

          2)Clarify that any information so obtained may only be used for  
            the reason for which that information was requested.  

          3)Specify that the insurance company is responsible for any  
            misuse of the information by its authorized contractor.  

          4)Subject these contractors to all of the following  
            requirements:  

             a)   All information obtained by the contractor from DMV, and  
               any copies made of that information, must be destroyed by  
               the contractor, once the contractor has used the  
               information for the purpose of obtaining the address of a  
               motorist or vehicle owner involved in an accident with  
               individuals insured with the insurer;

             b)   The contractor may not sell the information or store,  
               combine, or link it with a database for resale or for any  
               purpose other than obtaining the address of a motorist or  
               vehicle owner involved in an accident with individuals  
               insured with the insurer;  

             c)   The contractor must maintain a log to track the receipt,  
               use, and dissemination of the information and the log must  








                                                                  AB 953
                                                                  Page  2

               be immediately available to DMV upon request and maintained  
               for four years from the date of the request;

             d)   The contractor shall must a surety bond in the amount  
               $50,000; and,   

             e)   A contractor that violates these will be liable DMV for  
               civil penalties up to the amount of $100,000, and, if the  
               contractor is a commercial requester, the contractor will  
               also have his or her requester code suspended for a period  
               of five years, or revoked.  
           
          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.  

           AS PASSED BY THE ASSEMBLY  , this bill was substantially similar  
          to the version passed by the Senate.  

           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  








                                                                  AB 953
                                                                  Page  3

          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.  

          Amendments taken in the Senate assure the proper use of that  
          information and hold insurance companies responsible for the  
          actions taken by their contracting agents in the its storage and  
          dissemination.  These amendments were developed in response to  
          concerns expressed by privacy advocates.  

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


                                                               FN: 0005401