BILL NUMBER: AB 933	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 30, 2015
	AMENDED IN SENATE  JUNE 16, 2015
	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 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,  as
specified,  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:

  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,  Section 17520 of the Family Code,  or Section 256
 of   of, or former Section 11350.6 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) (1) 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.
   (2)  (A)    The insurance agent or broker of the
insurer, insurance licensee, employer, or prospective employer is
authorized to transmit motor vehicle records for the purposes
described in paragraph  (1) of this subdivision. 
 (1).  An insurance agent or broker who has lawfully
transmitted a record as authorized by this section is not responsible
for the subsequent handling of that record by any recipient who is
authorized to receive a record under this section. 
   (B) Prior to transmitting records pursuant to this paragraph to
any insurer with whom the insurance broker or agent does not have a
written agreement, or to a third party authorized by this paragraph
to receive those records, the broker or agent shall obtain a written
agreement from the insurer or other third party that the insurer or
other third party shall handle those records in accordance with state
and federal laws governing fair credit reporting and privacy.