Amended in Senate June 30, 2015

Amended in Senate June 16, 2015

Amended in Assembly April 7, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 933


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 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 provide that the insurance agent or broker of the insurer, insurance licensee, employer, or prospective employer is authorized to transmit motor vehicle records for these purposes,begin insert as specified,end insert and would specify that an insurance agent or broker who has lawfully transmitted a record as authorized under these provisions is not responsible for the subsequent handling of that record by any recipient who is authorized to receive the record under these provisions. 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:

P2    1

SECTION 1.  

Section 1808 of the Vehicle Code is amended to
2read:

3

1808.  

(a) Except when a specific provision of law prohibits
4the disclosure of records or information or provides for
5confidentiality, all records of the department relating to the
6registration of vehicles, other information contained on an
7application for a driver’s license, abstracts of convictions, and
8abstracts of accident reports required to be sent to the department
9in Sacramento, except for abstracts of accidents when, in the
10opinion of a reporting officer, another individual was at fault, shall
11be open to public inspection during office hours. All abstracts of
12accident reports shall be available to law enforcement agencies
13and courts of competent jurisdiction.

14(b) The department shall make available or disclose abstracts
15of convictions and abstracts of accident reports required to be sent
16to the department in Sacramento, as described in subdivision (a),
17if the date of the occurrence is not later than the following:

18(1) Ten years for a violation pursuant to Section 23140, 23152,
19or 23153.

20(2) Seven years for a violation designated as two points pursuant
21to Section 12810, except as provided in paragraph (1) of this
22subdivision.

23(3) Three years for accidents and all other violations.

24(c) The department shall make available or disclose suspensions
25and revocations of the driving privilege while the suspension or
26revocation is in effect and for three years following termination
27of the action or reinstatement of the privilege, except that driver’s
P3    1license suspension actions taken pursuant to Sections 13202.6 and
213202.7,begin insert Section 17520 of the Family Code,end insert or Section 256begin delete ofend deletebegin insert of,
3or former Section 11350.6 of,end insert
the Welfare and Institutions Code
4shall be disclosed only during the actual time period in which the
5suspension is in effect.

6(d) The department shall not make available or disclose a
7suspension or revocation that has been judicially set aside or stayed.

8(e) The department shall not make available or disclose personal
9information about a person unless the disclosure is in compliance
10with the Driver’s Privacy Protection Act of 1994 (18 U.S.C. Sec.
112721 et seq.). However, a disclosure is subject to the prohibition
12in paragraph (2) of subdivision (a) of Section 12800.5.

13(f) The department shall make available or disclose to the courts
14and law enforcement agencies a conviction of Section 23103, as
15specified in Section 23103.5, or a conviction of Section 23140,
1623152, or 23153, or Section 655 of the Harbors and Navigation
17Code, or paragraph (1) of subdivision (c) of Section 192 of the
18Penal Code for a period of 10 years from the date of the offense
19for the purpose of imposing penalties mandated by this code, or
20by other applicable state law.

21(g) The department shall make available or disclose to the courts
22and law enforcement agencies a conviction of Section 191.5, or
23subdivision (a) of Section 192.5 of the Penal Code, punished as a
24felony, for the purpose of imposing penalties mandated by Section
2523550.5, or by other applicable state law.

26(h) (1) Consent to the use of a person’s driver’s license number
27by the insurance agent or broker of an insurer, insurance licensee,
28employer, or prospective employer to obtain, transmit, or otherwise
29utilize the motor vehicle records of that person pursuant to this
30section shall be presumed if the person provides his or her driver’s
31license number, or the driver’s license number of any dependent,
32to an insurer, insurance licensee, employer, or prospective employer
33for the purpose of eligibility, underwriting, and rating of personal
34or commercial insurance coverage or eligibility for employment
35or continued employment involving the use of a motor vehicle.

36(2) begin insert(A)end insertbegin insertend insertThe insurance agent or broker of the insurer, insurance
37licensee, employer, or prospective employer is authorized to
38transmit motor vehicle records for the purposes described in
39paragraphbegin delete (1) of this subdivision.end deletebegin insert (1).end insert An insurance agent or broker
40who has lawfully transmitted a record as authorized by this section
P4    1is not responsible for the subsequent handling of that record by
2any recipient who is authorized to receive a record under this
3section.

begin insert

4(B) Prior to transmitting records pursuant to this paragraph to
5any insurer with whom the insurance broker or agent does not
6have a written agreement, or to a third party authorized by this
7paragraph to receive those records, the broker or agent shall
8obtain a written agreement from the insurer or other third party
9that the insurer or other third party shall handle those records in
10accordance with state and federal laws governing fair credit
11reporting and privacy.

end insert


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