H. B. 4019
(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
[Introduced January 14, 2004; referred to the
Committee on Roads and Transportation then the Judiciary.]
A BILL to amend and reenact §17A-2A-7 and §17A-2A-11 of the code of
West Virginia, 1931, as amended, all relating to 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-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-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, 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 bulk distribution for surveys, marketing or
solicitations after the division has implemented methods and
procedures to ensure that the information will be used, rented or
sold solely for bulk distribution for surveys, marketing and
solicitations, and only if the person whose information will be
used has authorized the use of his or her name and address for those purposes; and
(12) (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
except a
recipient under subsection (11), section seven 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 subsection (11),
section seven of this article
(b) An authorized recipient of personal information for bulk
distribution for surveys, marketing or solicitations, under
subsection (11), section seven of this article may resell or
redisclose personal information only in accordance with the terms
of said subsection allowing surveys for marketing and solicitations
to be directed only to those individuals who have authorized the
use of their name and address for those purposes.
(c) (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; and
(2) make the records available for inspection by the division, upon
request.
NOTE: The purpose of this bill is to prohibit the division of
motor vehicles' sale and the subsequent resale of personal
information for bulk distribution of surveys, marketing and
solicitations.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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