H. B. 4666
(By Delegates Palumbo and DeLong)
[Introduced February 18, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §17A-2A-7 of the Code of West Virginia,
1931, as amended, relating to access of division of motor
vehicle driver's license information to licensed private
investigators and licensed security services.
Be it enacted by the Legislature of West Virginia:
That §17A-2A-7 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 2A. Uniform Motor Vehicle Records Disclosure Act.
§ 17A-2A-7. Permitted disclosures
(a) The division 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: (a) Has proof
of his or her identity; and (b) verifies that the use of the
personal information will be strictly limited to one or more of the
following:
(1) 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;
(2) 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;
(3) For use in the normal course of business by a legitimate
business or its agents, employees or contractors:
(A) For the purpose of verifying the accuracy of personal
information submitted by the individual to the business or its
agents, employees or contractors; and
(B) 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;
(4) 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;
(5) For use in research and producing statistical reports, so
long as the personal information is not published, redisclosed or
used to contact individuals;
(6) 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;
(7) For use in providing notice to the owners of towed or
impounded vehicles;
(8) For use by any licensed private investigator agency or
licensed security service for any purpose permitted under this
section.
(9) 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.);
(10) For use in connection with the operation of private toll
transportation facilities; and
(11) For any other use specifically authorized by law that is
related to the operation of a motor vehicle or public safety.
NOTE: The purpose of this bill is to provide for access to
driver's license information to licensed private investigators and
licensed security services.