Senate Bill No. 381
(By Senator Miller)
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[Introduced February 13, 1996; referred to the Committee
on Transportation; and then to the Committee on Finance
.]
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A BILL to amend and reenact sections thirteen and fourteen,
article two, chapter seventeen-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended;
to further amend said chapter by adding thereto a new
article, designated article two-a; to amend and reenact
section twenty-two, article three of said chapter; to amend
and reenact section two, article two, chapter seventeen-d of
said code; and to amend and reenact section seventeen,
article one, chapter seventeen-e of said code, all relating
to disclosure of information contained in motor vehicle
records; implementation of the federal Drivers Privacy
Protection Act of one thousand nine hundred seventy-four; prohibitions on disclosure and use of personal information
from state motor vehicle records except in accordance with
the provisions of the act, provisions regarding resale or
redisclosure, fees associated with disclosures; and
penalties for false representation.
Be it enacted by the Legislature of West Virginia:
That sections thirteen and fourteen, article two, chapter
seventeen-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted; and
that said chapter seventeen-a be further amended by adding
thereto a new article, designated article two-a; that section
twenty-two, article three of said chapter be amended and
reenacted; that section two, article two, chapter seventeen-d of
said code be amended and reenacted; and that section seventeen,
article one, chapter seventeen-e of said code be amended and
reenacted, all to read as follows:
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION,
CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
ARTICLE 2. DEPARTMENT OF MOTOR VEHICLES.
§17A-2-13. Authority to administer oaths and certify copies of
records; information as to registration.
(a) Officers and employees of the department designated by the commissioner are, for the purpose of administering the motor
vehicle laws, authorized to administer oaths and acknowledge
signatures, and shall do so without fee.
(b) The commissioner and such officers of the department as
he or she may designate are hereby authorized to prepare under
the seal of the department and deliver upon request in
conformance with article two-a of this chapter a certified copy
of any record of the department, charging a fee of one dollar for
each document so authenticated, and every such certified copy
shall be is admissible in any proceeding in any court in like
manner as the original thereof.
(c) Subject to the provisions of article two-a of this
chapter, the commissioner and such officers of the department as
he or she may designate are hereby authorized to may furnish the
requested information to any person requesting same in writing
making a written request for information regarding the
registration of any vehicle at a fee of one dollar for each such
registration about which information is furnished.
§17A-2-14. Destruction of records.
(a) All records of the department, other than those
declared by law to be confidential for the use of the department, shall be open to public inspection during office hours.
(b) The commissioner may destroy any records of the
department which have been maintained on file for three years
which he may deem or she deems obsolete and of no further service
in carrying out the powers and duties of the department:
Provided, That where it is shown that both parties to an accident
have filed valid evidence of insurance, the records relating
thereto may be destroyed after a period of six months.
ARTICLE 2A. UNIFORM MOTOR VEHICLES RECORDS DISCLOSURE ACT.
§17A-2A-1. Short title.
This act may be cited as the "Uniform Motor Vehicle Records
Disclosure Act."
§17A-2A-2. Statement of intent and purpose.
The purpose of this article is to implement the federal
Driver's Protection Act of 1994 (Title XXX of Public Law 103-322)
in order to protect the interest of individuals in their personal
privacy by prohibiting the disclosure and use of personal
information contained in their motor vehicle record, except as
authorized by the individual or by law.
§17A-2A-3. Definitions.
As used in this article:
(a) "Division" means the division of motor vehicles;
(b) "Disclose" means to make available or make known
information contained in a motor vehicle record to any person,
organization or entity;
(c) "Individual record" is a motor vehicle record which
contains personal information about a designated person who is
the subject of the record as identified in a request;
(d) "Motor vehicle record" means any record that pertains to
a motor vehicle operator's or driver's license or permit, a motor
vehicle registration, a motor vehicle title or an identification
document issued by the division of motor vehicles or other state
or local agency authorized to issue any such form of credential;
(e) "Person" means an individual, organization or entity,
but does not include the state or an agency thereof;
(f) "Personal information" means information that identifies
a person, including his or her photograph or computerized image,
social security number, driver identification number, name,
address excluding the five-digit zip code, telephone number and
medical or disability information. Personal information does not
include information on vehicle accidents, driving or equipment
related violations and driver's license or registration status;
(g) "Record" includes any book, paper, photograph, photostat, card, film, tape, recording, electronic data, printout
or other documentary material regardless of physical form or
characteristic.
§17A-2A-4. Prohibition on disclosure and use of personal
information from motor vehicles records.
Notwithstanding any other provision of law to the contrary,
and except as provided in sections five through eight, both
inclusive, of this article, the division, and any officer,
employee, agent or contractor thereof may not disclose any
personal information obtained by the division in connection with
a motor vehicle record. Notwithstanding the provisions of this
article or any other provision of law to the contrary, finger
images obtained and stored by the division of motor vehicles as
part of the driver's licensing process may not be disclosed to
any person or used for any purpose other than the processing and
issuance of driver's licenses and associated legal action unless
the disclosure or other use is expressly authorized by this code.
§17A-2A-5. Required disclosures.
Personal information as defined in section three of this
article shall be disclosed for use in connection with matters of
motor vehicles or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls or
advisories, performance monitoring of motor vehicles and dealers
by motor vehicle manufacturers and removal of nonowner records
from the original owner records of motor vehicle manufacturers to
carry out the purposes of the federal Automobile Information and
Disclosure Act, "Public Law 85-506" (15 USC 1231 et seq.), the
Motor Vehicle Information and Cost Saving Act, "Public Law 92-
513" (15 USC 1901 et seq.), the National Traffic and Motor
Vehicle Safety Act of 1966, "Public Law 89-563" (USC 1381 et
seq.), the Anti Car Theft Act of 1922, "Public Law 102-519" (15
USC 2021 et seq.) and the Clean Air Act, "Public Law 88-206" (42
USC 7401 et seq.), as amended, and all statutes and agency
compliance with, the said acts of the Congress of the United
States.
§17A-2A-6. Disclosure with consent.
Personal information as defined in section three of this
article shall be disclosed upon request if the person making the
request demonstrates in such form and manner as the department
prescribes that he or she has obtained the written consent of the
person who is the subject of the information.
§17A-2A-7. Permitted disclosures.
The department or its designee shall disclose personal
information as defined in section three of this article to any
person who requests the information if the person: (i) Has proof
of his or her identity; and (ii) verifies that the use of the
personal information will be strictly limited to one or more of
the following:
(a) For use by any governmental agency, including any court
or law-enforcement agency, in carrying out its functions, or any
private person or entity acting on behalf of a governmental
agency in carrying out its functions;
(b) For use in connection with matters of motor vehicle or
driver safety and theft, motor vehicle product alterations,
recalls or advisories, performance monitoring of motor vehicles,
motor vehicle parts and dealers, motor vehicle market research
activities including survey research and removal of nonowner
records from the original owner records of motor vehicle
manufacturers;
(c) For use in the normal course of business by a legitimate
business or its agents, employees or contractors:
(1) For the purpose of verifying the accuracy of personal
information submitted by the individual to the business or its agents, employees or contractors; and
(2) If the information as submitted is not correct or is no
longer correct, to obtain the correct information, but only for
the purposes of preventing fraud by, pursuing legal remedies
against or recovering on a debt or security interest against the
individual;
(d) For use in conjunction with any civil, criminal,
administrative or arbitral proceeding in any court or
governmental agency or before any self-regulatory body, including
the service of process, investigation in anticipation of
litigation, the execution or enforcement of judgments and orders
or pursuant to an order of any court;
(e) For use in research and producing statistical reports,
so long as the personal information is not published, redisclosed
or used to contact individuals;
(f) For use by any insurer or insurance support organization
or by a self-insured entity, its agents, employees or contractors
in connection with claim investigation activities, antifraud
activities, rating or underwriting;
(g) For use in providing notice to the owners of towed or
impounded vehicles;
(h) For use by any licensed private investigator agency or
licensed security service for any purpose permitted under this
section;
(i) For use by an employer or its agent or insurer to obtain
or verify information relating to a holder of a commercial
driver's license that is required under the Commercial Motor
Vehicle Safety Act of 1986 (49 U.S.C. App. 2710 et seq.);
(j) For use in connection with the operation of private toll
transportation facilities;
(k) For bulk distribution for surveys, marketing or
solicitations after the division has implemented methods and
procedures to ensure that:
(1) Persons are provided an opportunity, in a clear and
conspicuous manner, to prohibit such uses; and
(2) The information will be used, rented or sold solely for
bulk distribution for surveys, marketing and solicitations, and
that surveys, marketing and solicitations will not be directed at
those individuals who have requested in a timely fashion that the
material not be directed at them;
(l) For any other use specifically authorized by law that is
related to the operation of a motor vehicle or public safety.
§17A-2A-8. Disclosure of individual records.
Personal information as defined in section three of this
article that is contained in an individual record may be
disclosed to any person making a request, without regard to
intended use, after the division has provided in a clear and
conspicuous manner on forms for issuance or renewal of operator
or driver licenses, registrations, titles or identification
documents, notice that personal information collected by the
division may be disclosed to any person making a request for an
individual record, and has provided in a clear and conspicuous
manner on the forms an opportunity for each person who is the
subject of a record to prohibit such disclosure.
§17A-2A-9. Fees.
Any person making a request for disclosure of personal
information required or permitted under sections five through
eight of this article, both inclusive, shall pay to the division
all reasonable fees related to providing the information.
§17A-2A-10. Additional conditions.
Prior to disclosing personal information the division may
require the person making the request to: (i) Verify his or her
identity; (ii) verify that the information will be used only as authorized, or that the consent of the person who is the subject
of the information has been obtained; and (iii) make and file a
written application in such form and containing certification
requirements as the division may prescribe.
§17A-2A-11. Resale or redisclosure.
(a) An authorized recipient of personal information, except
a recipient under subsection (k), section seven or eight of this
article, may resell or redisclose the information for any use
permitted under said section seven except the use for bulk
distribution for surveys, marketing or solicitations as provided
in said subsection (k).
(b) An authorized recipient of an individual record under
section eight of this article may resell or redisclose personal
information for any purpose.
(c) An authorized recipient of personal information for bulk
distribution for surveys, marketing or solicitations, under
subsection (k), section seven of this article may resell or
redisclose personal information only in accordance with the terms
of said subsection (k) concerning the right of individuals who
have requested in a timely manner, not to have the surveys,
marketing or solicitations directed at them.
(d) Any authorized recipient who resells or rediscloses
personal information shall: (1) Maintain for a period of not less
than five years, records as to the person or entity receiving
information, and the permitted use for which it was obtained; and
(2) make the records available for inspection by the division,
upon request.
§17A-2A-12. Rules.
The division may promulgate rules in accordance with the
provisions of chapter twenty-nine-a of this code to carry out the
purposes of this article.
§17A-2A-13. Penalty for false representation.
Any person who requests the disclosure of personal
information from division records and misrepresents his or her
identity or makes a false statement on any application required
by the division pursuant to this article is guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not
more than one thousand dollars or confined in jail for not more
than one year, or both fined and confined.
§17A-2A-14. Effective date.
This article shall take effect the first day of September,
one thousand nine hundred ninety-seven.
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF
CERTIFICATES OF TITLE.
§17A-3-22. Issuance and distribution of registration bulletins.
The commissioner shall annually, following a renewal of
registration, compile and publish in books or bulletins a list of
all registered vehicles and shall thereafter compile and publish
monthly supplements thereto. The list of registered vehicles
shall be arranged serially according to the registration numbers
assigned to registered vehicles and shall contain in addition the
names and addresses of registered owners and a brief description
of each vehicle.
Officers of the state entrusted with the enforcement of the
laws Law-enforcement officers may be furnished with copies of
such the lists, and copies may also be furnished to such other
interested parties as may be authorized by the governor or by the
commissioner. The commissioner may also furnish copies of such
the lists to similar officers in adjoining states. Subject to
the provisions of article two-a of this chapter, copies may be
furnished to all other persons applying for same any person upon
application, at a price to be fixed by the commissioner.
CHAPTER 17D. MOTOR VEHICLE SAFETY RESPONSIBILITY LAW.
ARTICLE 2. ADMINISTRATION OF LAW.
§17D-2-2. Commissioner to furnish abstract of operating record;
fee for abstract.
The commissioner shall upon request and subject to the
provisions of article two-a, chapter seventeen-a of this code,
furnish any person a certified abstract of the operating record
of any person subject to the provisions of this chapter, and if
there shall be is no record of any conviction of such the person
of a violation of any law relating to the operation of a motor
vehicle or of any injury or damage caused by such the person, the
commissioner shall so certify. The commissioner shall collect
five dollars for each abstract.
CHAPTER 17E. UNIFORM COMMERCIAL DRIVER'S LICENSE ACT.
ARTICLE 1. COMMERCIAL DRIVER'S LICENSE.
§17E-1-17. Driving record information to be furnished.
Notwithstanding any other provision of law to the contrary,
the commission must Subject to the provisions of article two-a,
chapter seventeen-a of this code, the commissioner shall furnish
full information regarding the driving record of any person:
(a) To the driver license administrator of any other state
or province or territory of Canada requesting that information;
(b) To any employer or prospective employer;
(c) To insurers upon request;
(d) To credit reporting organizations and for other
legitimate business transactions; or and
(e) To the driver. himself
NOTE: The purpose of this bill is to implement the Federal
Driver's Privacy Protection Act of 1994 (Title XXX of Public Law
103-311) in order to protect the interest of individuals in their
personal privacy by prohibiting the disclosure and use of
personal information contained in their motor vehicle records,
except as specifically authorized by the individual or by law.
Article two-a, chapter seventeen-a is new; therefore,
strike-throughs and underscoring have been omitted.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.