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SB-1121 Department of Motor Vehicles: records: inspection and sale.(2019-2020)

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Date Published: 02/19/2020 09:00 PM
SB1121:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1121


Introduced by Senator Dahle
(Coauthors: Assembly Members Choi and Mathis)

February 19, 2020


An act to repeal and add Section 1810 of the Vehicle Code, relating to the Department of Motor Vehicles.


LEGISLATIVE COUNSEL'S DIGEST


SB 1121, as introduced, Dahle. Department of Motor Vehicles: records: inspection and sale.
Existing law authorizes the Department of Motor Vehicles to permit the inspection or sale of information from its records concerning the registration of any vehicle or information from its files of driver’s licenses, with specified limitations, at a charge sufficient to pay at least the actual cost to the department for providing the inspection or sale of the information.
This bill would repeal that provision and, instead, would prohibit the department from selling or permitting the inspection of vehicle registration and driver’s license information. The bill would exempt from that prohibition inspection by a law enforcement officer, inspection pursuant to a court order, and specified statistical information.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
The bill would make legislative findings to that effect.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1810 of the Vehicle Code is repealed.
1810.

(a)Except as provided in Sections 1806.5, 1808.2, 1808.4, 1808.5, 1808.6, 1808.7, 1808.8, and paragraph (2) of subdivision (a) of Section 12800.5, the department may permit inspection of, or sell, or both, information from its records concerning the registration of any vehicle or information from the files of drivers’ licenses at a charge sufficient to pay at least the actual cost to the department for providing the inspection or sale of the information, including, but not limited to, costs incurred by the department in carrying out subdivision (b), with the charge for the information to be determined by the director. This section does not apply to statistical information of the type previously compiled and distributed by the department.

(b)(1)With respect to the inspection or sale of information concerning the registration of any vehicle or of information from the files of drivers’ licenses, the department shall establish, by regulation, administrative procedures under which any person making a request for that information shall be required to identify himself or herself and state the reason for making the request. The procedures shall provide for the verification of the name and address of the person making a request for the information, and the department may require the person to produce that information as it determines is necessary to ensure that the name and address of the person is the true name and address. The procedures may provide for a 10-day delay in the release of the requested information. The procedures shall also provide for notification to the person to whom the information primarily relates, as to what information was provided and to whom it was provided. The department shall establish, by regulation, a reasonable period of time for which a record of all the foregoing shall be maintained.

(2)The procedures required by this subdivision do not apply to any governmental entity, any person who has applied for and has been issued a requester code by the department, or any court of competent jurisdiction.

(c)With respect to the inspection or sale of information from the files of drivers’ licenses, the department may require both the full name of the driver and either the driver’s license number or date of birth as identifying points of the record, except that the department may disclose a record without two identifying points if the department determines that the public interest in disclosure outweighs the public interest in personal privacy.

(d)With respect to the inspection or sale of information from the files of drivers’ licenses, certificates of ownership, and registration cards, the department may not allow, for a fee or otherwise, copying by the public.

SEC. 2.

 Section 1810 is added to the Vehicle Code, to read:

1810.
 The department shall not permit the inspection or sale of information from its records concerning the registration of any vehicle or information from the files of driver’s licenses. This section does not apply to inspection by a law enforcement officer or pursuant to a court order or to statistical information of the type previously compiled and distributed by the department.

SEC. 3.

 The Legislature finds and declares that Section 2 of this act, which adds Section 1810 to the Vehicle Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
The need to protect the privacy of vehicle owners and driver’s license holders from the public disclosure of their personal information contained in their vehicle registration and their driver’s license files outweighs the interest in public disclosure of that information.