HB 425 — Motor Vehicles, Department of; release of privileged information.
Last action — Acts of Assembly Chapter text (CHAP0189)
-
✓Introduced
-
✓In Committee
-
✓Passed House of Delegates
-
✓Passed Senate
-
✓To Executive
-
6Enacted
This bill has been enacted into law. Introduced January 08, 2024. Enacted.
Signed by Governor Glenn Youngkin (Republican) on March 28, 2024.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
-
Enacted
Current position in the legislative process.
-
3 sponsors
1 primary, 2 co-sponsors signed on.
-
Cleared a recorded vote
Passed 7 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
Department of Motor Vehicles; release of privileged information. Permits the Department of Motor Vehicles to release to a party that is subject to an administrative proceeding conducted by the Department nonmedical privileged information necessary to participate in such administrative proceeding. The bill limits such information to matters of fact and law asserted or questioned by the Department and prohibits the dissemination of such information to any third party that is not a party to the administrative proceeding.
Bill Text
What changed in the latest version
317 added · 303 removedPlain-language change summary
The amendment to § 46.2-208 of the Code of Virginia clarifies the conditions under which the Department of Motor Vehicles can release privileged information. Specifically, it stipulates that medical information within personal information can only be released to healthcare professionals involved in certain proceedings. Additionally, the language regarding who can request information has been refined, maintaining the list of individuals who are authorized to receive such information. This change ensures that medical data is handled with added confidentiality while still allowing relevant parties access to important personal information.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E189 An Act to amend and reenact § 46.2-208 of the Code of Virginia, relating to Department of MotorNMotor Vehicles;
R O [H 425] Approved LMarch L28, 2024 Be it enacted by the General Assembly of Virginia:
E § 46.2-208.
release of privileged informatiDn.information.
titleA. shall not be released except as provided in subsection B:and unless otherwise provided for in this 1.
The following information shall be considered privileged and unless otherwise provided for in this title shall not be released except as provided in subsection B:
1.
3.and3.
and 4.
H B.
41. information shall be released only to a physician, a physician assistant, or an advanced practice registered nurse in accordance with a proceeding under §§ 46.2-321 and 46.2-322.
RNotwithstanding 2,other 3.provisions of this section, medical information included in personal information shall be released only to a physician, a physician assistant, or an advanced practice registered nurse in accordance with a proceeding under §§ 46.2-321 and 46.2-322.
2, 3.
Requests for such information need not be made in writing or in person and may be made orally or by telephone, provided that the Department is satisfied that there is adequate verification of the requester's identity.
When so requested in writing by (a) the subject of the information, (b) theonthe parent of a minor who is the subject of the information, (c) the guardian of the subject of the information, (d) the authorized agent or representative of the subject of the information, or (e) the owner of the vehicle that is the subject of the information, the Commissioner shall verify and, if necessary, correct the personal information provided and furnish driver, special identification card, or vehicle information.
Commissioner5. shall furnish to such requester information in the record of any person subject to thehe provisions of this title.
Upon the written request of any insurance carrier or surety, or authorized agent of either, the Commissioner shall furnish to such requester information in the record of any person subject to the provisions of this title.
No such report of any conviction or crash shall be made after 60 months from the date of the conviction or crash unless the Commissioner or court used the conviction or crash as a reason for the suspension or revocation of a driver's license or driving privilege, in which case the revocation or suspension and any conviction or crash pertaining thereto shall not be reported after 60 months from the date that the driver's license or bedriving admissibleprivilege inhas evidencebeen inreinstated. any court proceedings.
The response of the Commissioner under this subdivision shall not 6.be admissible in evidence in any court proceedings.
6.
Upon the written request of any business organization or its authorized agent, the Commissioner includeshall anyprovide personalvehicle information, driver information, or special identification card information and shall not be subject to the limitationsrequester. contained in subdivision 6.
ofDisclosures 6made 8.under this subdivision shall not include any personal information, driver information, or special identification card information and shall not be subject to the limitations contained in subdivision 6.
Upon8. the written request of any motor vehicle rental or leasing company or its authorized agent, the Commissioner shall (i) compare personal information supplied by the requester with that contained in the Department's records and, when the information supplied by the requester is different from that contained in the Department's records, provide the requester with correct information as contained in the Department's records and (ii) provide the requester with driver information of any person subject to the provisions of this title.
Upon the written request of any motor vehicle rental or leasing company or its authorized agent, the Commissioner shall (i) compare personal information supplied by the requester with that contained of 6 in the Department's records and, when the information supplied by the requester is different from that contained in the Department's records, provide the requester with correct information as contained in the Department's records and (ii) provide the requester with driver information of any person subject to the provisions of this title.
Upon the request of the driver licensing authority in any foreign country, the Commissioner shall provide whatever driver and vehicle information the requesting authority shall require to carry out its of 6 official functions.
For the purpose of obtaining information regarding noncommercial driver's license holEers,holders, upon the written request of any employer, prospective employer, or authorized agent of either, and with the written consent of the individual concerned, the Commissioner shall (i) compare personal N information supplied by the requester with that contained in the Department's records and, whenRthewhen the of 6 information supplied by the requester is different from that contained in the Department's records, provide the requester with correct information as contained in the Department's records and (ii) provide the requester with driver information in the form of a transcript of an individual's record, including all convictions, all crashes, any type of driver's license that the individual currently possesses, and all driver's license suspensions, revocations, cancellations, or forfeiture, provided that such individual's position or the position that the individual is being considered for involves the operation of a motor vehicle.
E b.
For the purpose of obtaining information regarding commercial driver's license holders, upon the written request of any employer, prospective employer, or authorized agent of either, the Commissioner shall (i) compare personal information supplied by the requester with that contained in the Department's records and, when the information supplied by the requester is different from that contained in the Department's records, provide the requester with correct information as contained in the Department's records and (ii) provide the requester with driver information in the form of a transcript of sucht'ssuch individual's record, including all convictions, all crashes, any type of driver's license that the individual currently possesses, and all driver's license suspensions, revocations, cancellations, forfeitures, or disqualifications, provided that such individual's position or the position that the individualHisindividual is being considered for involves the operation of a commercial motor vehicle.
B 12.
Upon the written request of any member of a volunteer fire company or volunteer emergenc2emergency medical services agency and with written consent of the individual concerned, or upon the requeEtrequest of an applicant for membership in a volunteer fire company or to serve as volunteer emergency medicalRmedical services personnel, the Commissioner shall (i) compare personal information supplied by the requester with that contained in the Department's records and, when the information supplied by the requester is different from that contained in the Department's records, provide the requester with correct information as contained in the Department's records and (ii) provide driver information in the form of a transcriptntranscript of the individual's record, including all convictions, all crashes, any type of driver's license that the individual currently possesses, and all license suspensions, revocations, cancellations, or forfeitures.
Upon the written request of a Virginia affiliate of Big Brothers Big Sisters of America, a Virginia affiliate of Compeer, or the Virginia Council of the Girl Scouts of the USA, and with the consent of the individual who is the subject of the information and has applied to be a volunteer with the requester, or on the written request of a Virginia chapter of the American Red Cross, a Virginia chapter of the Civil Air Patrol, or Faith in Action, and with the consent of the individual who is the subject of the information and applied to be a volunteer vehicle operator with the requester, the Commissioner shall (i) compare personal information supplied by the requester with that contained in the Department's records and, when the information supplied by the requester is different from that contained in the Department's records, provide the requester with correct information as contained in the Department's records and (ii) provide driver information in the form of a transcript of the applicant's record, including all convictions, all crashes, any type of driver's license that the individual currently providedpossesses, atand aall feelicense thatsuspensions, isrevocations, one-halfcancellations, the normal charge if the request is accompanied by appropriate written be evidence that the person has applied to be a volunteer or volunteerforfeitures. vehicle operator with the requester as provided in this subdivision.
Such transcript shall be provided at a fee that is one-half the normal charge if the request is accompanied by appropriate written evidence that the person has applied to be a volunteer or volunteer vehicle operator with the requester as provided in this subdivision.
17.15, 16.
Upon[Repealed.] the17. request of an attorney representing a person involved in a motor vehicle crash, the Commissioner shall provide the vehicle information for any vehicle involved in the crash and the name of 6 and address of the owner of any such vehicle.
Upon the request of an attorney representing a person involved in a motor vehicle crash, the Commissioner shall provide the vehicle information for any vehicle involved in the crash and the name and address of the owner of any such vehicle.
Use of such information shall be limited to use in connection with of 6 insurance claims investigation activities, antifraud activities, rating, or underwriting.
Information released pursuant to this subdivision shall be limited to the of 6 name and address of the owner of the vehicle having committed a violation of § 46.2-873 or 46.2-878.1 and the vehicle information, including all descriptive vehicle data and title and registration Eata,data, for such vehicle.
Notwithstanding the provisions of this section other than subdivision 33, the Department shall not release, except upon request by the subject of the information, the guardian of the subject of Rhethe information, the parent of a minor who is the subject of the information, or the authorized agent of the subject of the information, or pursuant to a court order, (i) proof documents submitted for the purpose of obtaining a driving credential or a special identification card, (ii) the information in the Department's records indicating the type of proof documentation that was provided, or (iii) applications relating to the issuance of a driving credential or a special identification card.
As used in this subdivision, "proof document" means any document not originally created by the Department that is submitted to the Lof 6 Department for the issuance of any driving credential or special identification card.
"Proof doEument"document" does not include any information contained on a driving credential or special identification card.
Show all 54 changed lines (14 more)
by34. the Department nonmedical privileged information necessary to participate in such administrativeted proceeding.
The Department may release to a party that is subject to an administrative proceeding conducted by the Department nonmedical privileged information necessary to participate in such administrative proceeding.
NotwithstHndingNotwithstanding the provisions of subsection E, no information released pursuant to this subdivision shall be B disseminated to any third party that is not a party to such administrative proceeding.
2 C.
Information disclosed or furnished shall be assessed a fee as specified in § 46.2-214, unEessunless as otherwise provided in this section.
R D.
Upon the receipt of a completed application and payment of applicable processing fees, the Commissioner may enter into an agreement with any governmental authority or business to exchange infE.information specified in this section by electronic or other means.
E.
Such agreement may limit the scope of any shallauthorized onlydistribution be further distributed by such third party subject to the original purpose specified and party consistent with this title,title. or unless such third party is the subject of the information, the parent of a minor who is the subject of the information, the guardian of the subject of the information, the authorized agent or representative of the subject of the information, or the owner of the vehicle that is the subject of the information.
AnyPrivileged agreementinformation entereddistributed intoto pursuantany tothird thisparty subsectionshall betweenonly thebe Departmentfurther anddistributed theby Departmentsuch ofthird Stateparty Policesubject shallto specifythe (i)original thatpurpose privilegedspecified informationand shallconsistent bewith distributedthis onlytitle, toor authorizedunless personnelsuch ofthird anparty entityis meetingthe subject of the definitioninformation, the parent of a criminalminor justicewho agencyis asthe definedsubject inof §the 9.1-101information, andthe otherguardian comparableof local,the state,subject andof federalthe criminalinformation, justicethe agenciesauthorized andagent entitiesor issuedrepresentative aof Virginiathe used,subject andof disseminatedthe onlyinformation, foror the administrationowner of criminalthe justicevehicle asthat definedis inthe §subject 9.1-101;of the information.
Any agreement entered into pursuant to this subsection between the Department and the Department of State Police shall specify (i) that privileged information shall be distributed only to authorized personnel of an entity meeting the definition of a criminal justice agency as defined in § 9.1-101 and other comparable local, state, and federal criminal justice agencies and entities issued a Virginia S-Originating Agency Identification (S-ORI) status;
(ii) that privileged information shall be accessed, used, and disseminated only for the administration of criminal justice as defined in § 9.1-101;
(b) a request made by an entity authorized to receive privileged information pursuant to subsection B, provided that such request is made on a form provided by the Department, other than a written agreement, that requires the requester to certify that such entity is entitled to receive such information pursuant to this title, state the purpose authorized pursuant to subsection B that forms the of 6 basis for the request, explain why the information requested is necessary to accomplish the stated purpose, and certify that the information will be used only for the stated purpose and the information received shall not be disseminated to third parties unless there is authorization to do so;
If the Department finds that privileged information has been used in a manner contrary to law or the relevant agreement, the Department may of 6 revoke access.
Show all 54 changed rows (14 more)
View plain text versions (4)
- CHAP0189 View text Current pdf March 28, 2024
- HB425ER View text pdf March 04, 2024
- Engrossed Printed as engrossed 24102798D-E pdf February 12, 2024
- Prefiled Prefiled and ordered printed; offered 01/10/24 24102798D pdf January 08, 2024
Action History
-
Acts of Assembly Chapter text (CHAP0189)
-
Approved by Governor-Chapter 189 (effective 7/1/24)
-
Governor's Action Deadline 11:59 p.m., April 8, 2024
-
Enrolled Bill communicated to Governor on March 11, 2024
-
Signed by President
-
Impact statement from DPB (HB425ER)
-
Signed by Speaker
-
Bill text as passed House and Senate (HB425ER)
-
Enrolled
-
Passed Senate (39-Y 0-N)
-
Read third time
-
Constitutional reading dispensed (40-Y 0-N)
-
Reported from Transportation (15-Y 0-N)
-
Referred to Committee on Transportation
-
Constitutional reading dispensed
-
VOTE: Block Vote Passage (99-Y 0-N)
-
Read third time and passed House BLOCK VOTE (99-Y 0-N)
-
Printed as engrossed 24102798D-E
-
Engrossed by House as amended HB425E
-
Committee amendment agreed to
-
Read second time
-
Read first time
-
Reported from Transportation with amendment(s) (22-Y 0-N)
-
Subcommittee recommends reporting with amendments (8-Y 0-N)
-
House subcommittee amendments and substitutes offered
-
House committee, floor amendments and substitutes offered
-
Subcommittee recommends reporting (7-Y 1-N)
-
Impact statement from DPB (HB425)
-
Assigned Transportation sub: Department of Motor Vehicles
-
Referred to Committee on Transportation
-
Prefiled and ordered printed; offered 01/10/24 24102798D
Sponsors
- Wendell S. Walker · Cosponsor
- J.D. "Danny" Diggs · Cosponsor
- W. Chad Green · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 2 co-sponsors · 145 not signed on · 1 voted No
Sponsors (1)
Co-sponsors (2)
Not signed on (145)
145 members have not signed on to this bill.
Show all 145 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Yea |
| Angelia Williams Graves | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Yea |
| Bryce E. Reeves | — | Yea |
| Carroll Foy, Jennifer D. | — | Yea |
| Christie New Craig | — | Yea |
| Christopher T. Head | — | Yea |
| Danica A. Roem | — | Yea |
| David R. Suetterlein | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Emily M. Jordan | — | Yea |
| Glen H. Sturtevant, Jr. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| J.D. "Danny" Diggs | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| McGuire, John J., III | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Russet Perry | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saddam Azlan Salim | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Scott A. Surovell | — | Yea |
| Stella G. Pekarsky | — | Yea |
| Subramanyam, Suhas | — | Yea |
| T. Travis Hackworth | — | Yea |
| Tammy Brankley Mulchi | — | Yea |
| Tara A. Durant | — | Yea |
| Timmy French | — | Yea |
| Todd E. Pillion | — | Yea |
| William M. Stanley, Jr. | — | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Aaron R. Rouse | — | Yea |
| Angelia Williams Graves | — | Yea |
| Barbara A. Favola | — | Yea |
| Bill DeSteph | — | Yea |
| Bryce E. Reeves | — | Yea |
| Carroll Foy, Jennifer D. | — | Yea |
| Christie New Craig | — | Yea |
| Christopher T. Head | — | Yea |
| Danica A. Roem | — | Yea |
| David R. Suetterlein | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Emily M. Jordan | — | Yea |
| Glen H. Sturtevant, Jr. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| J.D. "Danny" Diggs | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| L. Louise Lucas | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| McGuire, John J., III | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Russet Perry | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saddam Azlan Salim | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Scott A. Surovell | — | Yea |
| Stella G. Pekarsky | — | Yea |
| Subramanyam, Suhas | — | Yea |
| T. Travis Hackworth | — | Yea |
| Tammy Brankley Mulchi | — | Yea |
| Tara A. Durant | — | Yea |
| Timmy French | — | Yea |
| Todd E. Pillion | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Angelia Williams Graves | — | Yea |
| Bill DeSteph | — | Yea |
| Danica A. Roem | — | Yea |
| David R. Suetterlein | — | Yea |
| David W. Marsden | — | Yea |
| Glen H. Sturtevant, Jr. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| J.D. "Danny" Diggs | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| McGuire, John J., III | — | Yea |
| Stella G. Pekarsky | — | Yea |
| T. Travis Hackworth | — | Yea |
| Tammy Brankley Mulchi | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 98 | 0 | 0 | 1 |
| Total | 98 | 0 | 0 | 1 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 0 | 0 | 0 |
| Total | 22 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Adele Y. McClure | — | Yea |
| Anne Ferrell Tata | — | Yea |
| Betsy B. Carr | — | Yea |
| Bill Wiley | — | Yea |
| Bonita G. Anthony | — | Yea |
| Briana D. Sewell | — | Yea |
| David A. Reid | — | Yea |
| Delores L. McQuinn | — | Yea |
| Eric R. Zehr | — | Yea |
| Israel D. O'Quinn | — | Yea |
| Jackie H. Glass | — | Yea |
| Jason S. Ballard | — | Yea |
| Jeion A. Ward | — | Yea |
| Karrie K. Delaney | — | Yea |
| Laura Jane Cohen | — | Yea |
| Michael B. Feggans | — | Yea |
| Milde, Paul V. | — | Yea |
| Scott A. Wyatt | — | Yea |
| Terry L. Austin | — | Yea |
| Timothy P. Griffin | — | Yea |
| Vivian E. Watts | — | Yea |
| Wren M. Williams | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 1 |
| Total | 8 | 0 | 0 | 1 |
| % of votes cast | 89% | 0% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Adele Y. McClure | — | Yea |
| Bill Wiley | — | Yea |
| Bonita G. Anthony | — | Yea |
| Briana D. Sewell | — | Yea |
| Delores L. McQuinn | — | Yea |
| Eric R. Zehr | — | Yea |
| Karrie K. Delaney | — | Not Voting |
| Michael B. Feggans | — | Yea |
| Terry L. Austin | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 1 | 0 | 1 |
| Total | 7 | 1 | 0 | 1 |
| % of votes cast | 78% | 11% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Adele Y. McClure | — | Yea |
| Bill Wiley | — | Yea |
| Bonita G. Anthony | — | Yea |
| Briana D. Sewell | — | Nay |
| Delores L. McQuinn | — | Yea |
| Eric R. Zehr | — | Yea |
| Karrie K. Delaney | — | Not Voting |
| Michael B. Feggans | — | Yea |
| Terry L. Austin | — | Yea |
Subjects
Frequently asked questions
- What does HB 425 do?
- Department of Motor Vehicles; release of privileged information. Permits the Department of Motor Vehicles to release to a party that is subject to an administrative proceeding conducted by the Department nonmedical privileged information necessary to participate in such administrative proceeding. The bill limits such information to matters of fact and law asserted or questioned by the Department and prohibits the dissemination of such information to any third party that is not a party to the administrative proceeding.
- Who sponsors HB 425?
- HB 425 is sponsored by Wendell S. Walker, J.D. "Danny" Diggs, and Green, W. Chad.
- What is the current status of HB 425?
- This bill has been enacted into law. Introduced January 08, 2024. Enacted.
- Where can I track HB 425?
- Track HB 425 free on One Click Politics — get push/email alerts when it moves.
Make your voice heard on HB 425
Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.
Stay ahead of HB 425
Last checked for changes 3 months ago · updated continuously
One Click Politics tracks every bill in Congress and all 50 states.
Track this bill →