H. B. 2695



(By Delegate D. Cook)
[Introduced March 24, 1993; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact section fourteen, article two, chapter seventeen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to prohibiting the division of motor vehicles from providing the driving record of any licensee to an insurer or other person, other than a police officer, which includes information about violations occurring more than three years prior.

Be it enacted by the Legislature of West Virginia:
That section fourteen, article two, chapter seventeen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.

§17B-2-14. Records and indexes to be kept by the division.

The division shall file every application for a license received by it and shall maintain suitable indexes containing,in alphabetical order:
(1) All applications denied and on each a notation of the reasons for such denial;
(2) All applications granted; and
(3) The name of every licensee whose license has been suspended or revoked by the division and after each such name a notation of the reasons for such action.
The division shall also file all abstracts of court records of convictions received by it under the laws of this state and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of such licensee shall be readily ascertainable and available for the consideration of the division upon any application for renewal of license and at other suitable times. The division shall not make available or supply to any insurer or other person or entity, other than a police officer in the course of official duty, the driving record of any person which includes information about events or violations occurring more than three years prior. Any person who violates the provisions of this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five hundred dollars nor more than one thousand dollars.



NOTE: The purpose of this bill is to prohibit the division of motor vehicles from providing the driving record of any licensee to an insurer or other person, other than a police officer, which includes information about violations occurringmore than three years prior.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.