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ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4019
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
[Passed March 13, 2004; in effect ninety days from passage.]
AN ACT to amend and reenact §17A-2A-4, §17A-2A-7 and §17A-2A-11 of
the code of West Virginia, 1931, as amended, all relating to
limiting disclosure of personal information from motor vehicle
records; prohibiting the division of motor vehicles' sale of
personal information for bulk distribution of surveys,
marketing and solicitations.
Be it enacted by the Legislature of West Virginia:
That §17A-2A-4,
§17A-2A-7 and §17A-2A-11 of the code of West
Virginia, 1931, as amended, be amended and reenacted, all to read
as follows:
ARTICLE 2A. UNIFORM MOTOR VEHICLE RECORDS DISCLOSURE ACT.
§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. Notwithstanding
the provisions of this article or any other provision of law to the
contrary, an individual's photograph or image, social security
number, and medical or disability information shall not be
disclosed pursuant to West Virginia Code §17A-2A-
7(2),(3),(5),(7),(8),(10) and (11), without the express written
consent of the person to whom such information applies.
§17A-2A-7. Permitted disclosures.
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, 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.
§17A-2A-11. Resale or redisclosure.
(a) An authorized recipient of personal information may resell
or redisclose the information for any use permitted under section
seven.
(b) 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; (2)
make the records available for inspection by the division, upon
request; and (3) only be disseminated in accordance with express
consent obtained pursuant to 17A-2A-4.