BILL NUMBER: AB 933	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 7, 2015

INTRODUCED BY   Assembly Member Frazier

                        FEBRUARY 26, 2015

   An act to amend Section 1808 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 933, as amended, Frazier. Vehicles: DMV records.
   Existing law provides that all records of the Department of Motor
Vehicles relating to the registration of vehicles, other information
contained on an application for a driver's license, abstracts of
convictions, and certain abstracts of accident reports are required
to be open to public inspection during office hours, except when a
specific provision of law prohibits the disclosure of records or
information or provides for confidentiality.
   This bill would  prohibit the Department of Motor Vehicles
from prohibiting an insurance agent or broker from obtaining and
distributing to an insurance company or to any policyholder of either
a private passenger automobile liability policy or a commercial
automobile liability policy any record or information that is open to
public inspection pursuant to the provision described above.
  provide that consent to the use of a person's driver's
license number by the insurance agent or broker of an insurer,
insurance licensee, employer, or prospective employer to obtain,
transmit, or otherwise utilize the motor vehicle records of that
person pursuant to the provision described above is presumed if the
person provides his or her driver's license number to an insurer,
insurance licensee, employer, or prospective employer for the purpose
of eligibility, underwriting, and rating of personal or commercial
insurance coverage or eligibility for employment or continued
employment involving the use of a motor vehicle.  The bill would
also delete an obsolete cross-reference.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1808 of the Vehicle Code is amended to read:
   1808.  (a) Except when a specific provision of law prohibits the
disclosure of records or information or provides for confidentiality,
all records of the department relating to the registration of
vehicles, other information contained on an application for a driver'
s license, abstracts of convictions, and abstracts of accident
reports required to be sent to the department in Sacramento, except
for abstracts of accidents when, in the opinion of a reporting
officer, another individual was at fault, shall be open to public
inspection during office hours. All abstracts of accident reports
shall be available to law enforcement agencies and courts of
competent jurisdiction.
   (b) The department shall make available or disclose abstracts of
convictions and abstracts of accident reports required to be sent to
the department in Sacramento, as described in subdivision (a), if the
date of the occurrence is not later than the following:
   (1) Ten years for a violation pursuant to Section 23140, 23152, or
23153.
   (2) Seven years for a violation designated as two points pursuant
to Section 12810, except as provided in paragraph (1) of this
subdivision.
   (3) Three years for accidents and all other violations.
   (c) The department shall make available or disclose suspensions
and revocations of the driving privilege while the suspension or
revocation is in effect and for three years following termination of
the action or reinstatement of the privilege, except that driver's
license suspension actions taken pursuant to Sections 13202.6 and
13202.7, or Section 256 of the Welfare and Institutions Code shall be
disclosed only during the actual time period in which the suspension
is in effect.
   (d) The department shall not make available or disclose a
suspension or revocation that has been judicially set aside or
stayed.
   (e) The department shall not make available or disclose personal
information about a person unless the disclosure is in compliance
with the Driver's Privacy Protection Act of 1994 (18 U.S.C. Sec. 2721
et seq.). However, a disclosure is subject to the prohibition in
paragraph (2) of subdivision (a) of Section 12800.5.
   (f) The department shall make available or disclose to the courts
and law enforcement agencies a conviction of Section 23103, as
specified in Section 23103.5, or a conviction of Section 23140,
23152, or 23153, or Section 655 of the Harbors and Navigation Code,
or paragraph (1) of subdivision (c) of Section 192 of the Penal Code
for a period of 10 years from the date of the offense for the purpose
of imposing penalties mandated by this code, or by other applicable
state law.
   (g) The department shall make available or disclose to the courts
and law enforcement agencies a conviction of Section 191.5, or
subdivision (a) of Section 192.5 of the Penal Code, punished as a
felony, for the purpose of imposing penalties mandated by Section
23550.5, or by other applicable state law. 
   (h) The department shall not prohibit an insurance agent or broker
from obtaining and distributing to an insurance company or to any
policyholder of either a private passenger automobile liability
policy or a commercial automobile liability policy any record or
information that is open to public inspection pursuant to subdivision
(a).  
   (h) Consent to the use of a person's driver's license number by
the insurance agent or broker of an insurer, insurance licensee,
employer, or prospective employer to obtain, transmit, or otherwise
utilize the motor vehicle records of that person pursuant to this
section shall be presumed if the person provides his or her driver's
license number, or the driver's license number of any dependent, to
an insurer, insurance licensee, employer, or prospective employer for
the purpose of eligibility, underwriting, and rating of personal or
commercial insurance coverage or eligibility for employment or
continued employment involving the use of a motor vehicle.