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Committee Substitute House Bill 4019 History

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Key: Green = existing Code. Red = new code to be enacted
COMMITTEE SUBSTITUTE

FOR

H. B. 4019

(By Mr. Speaker, Mr. Kiss, and Delegate Trump)
[By Request of the Executive]
(Originating in the Committee on the Judiciary)


[February 27, 2004]


A BILL 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 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, 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; (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.

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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