Resolution 1976-58
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RESOLUTION NO. 76-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PROTESTING
THE PRACTICE OF THE DEPARTMENT OF MOTOR VEHICLES OF SELLING THE
NAMES AND ADDRESSES OF CITIZENS UPON REQUEST TO ANY INDIVIDUAL OR
COMPANY SO REQUESTING AND URGING REPEAL OF THE LAW AUTHORIZING
THIS PRACTICE.
WHEREAS, all citizens of the State of California have a
right to privacy and security in their homes; and
WHEREAS, the Department of Motor Vehicles is authorized
by Vehicle Code Section 1810 to sell information from its records
concerning the registration of any motor vehicle, including the
name and address of the registrant, as indicated in Exhibit A,
attached hereto, incorporated by reference and made a part hereof;
and
WHEREAS, the Department of Motor Vehicles does sell such
information; and
WHEREAS, criminals use such information in selecting
victims for rape and robbery; and
WHEREAS, such information may also be used to find the
home address of police officers, subjecting them to harassment
and possible threats; and
WHEREAS, such information is used by advertisers for dis-
semination of unsolicited junk mail to all citizens; and
WHEREAS, no discernible public purpose is served by the
sale of such information; and
WHEREAS, this practice results in an invasion of the
privacy of the citizens of Gilroy and all citizens of the State
of California.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY
DOES HEREBY RESOLVE AS FOLLOWS:
1. That on behalf of the citizens of the City of
Gilroy, the City Council objects to the practice described in this
resolution and requests its termination.
RESOLUTION NO. 76-58
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2. That the City Clerk be authorized to send a copy
of this resolution to Governor Edmund G. Brown, Jr. and to the
State Senators and Assemblymen representing Gilroy and to Herman
Sillas, Director of the Department of Motor Vehicles, and to
the League of California Cities which urges repeal of the Vehicle
Code Section 1810.
PASSED AND ADOPTED this 6th day of December, 1976, by
the following vote:
NOES:
ABSENT:
COUNCIL MEMBERS: CHILDERS, DeBELL, DUFFIN,
LINK, PATE, STOUT and GOODRICH.
COUNCIL MEMBERS: None
AYES:
COUNCIL MEMBERS: None
APPROVED:
)k/~~-
( Mayor
ATTEST:
City Clerk
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Can a license plate be hazardous
to your safety?, For 75 cents the
Department of Motor Vehicles
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Staff photo by Phil Colonnelll
will tell you who this young lady
is and where she lives.
Any crook can
buy your name
THE SOUTH BAY DAILY BREEZE
Sunday, September 5, 1976
By I'hil Co\onnelli
starr writer
Anyone ('an fllld nut \l. hn )'OU are and where you h\'('
If they'\'t' Got 75 ('I'nts III theIr pocket and know your
car's It('l'n~,(' nu Plh!'r
And the)' don't C'\ ('n h;.\'c' tll pro\'lde 1I1l' Dqlilllrn:'r.t
of f,iotor \'('hldes Wllh a \ alad rca~on for reque~tlng
the Infc,rmation
Pulic(' say th(' r('sul! h;J~ l,,'('n USE' o( the inlormation
(or ulrnin<ll purposes
It.s all \-,ossiUle u('ciwse 01 Vt,hide Code s('rtiun 1810:
"Th(' dcp:irlrn('nl may $('11 IIlfurmatlon from Its
rf'cords conccrnlllC lhc' rq:lstratlOn of .1Il)' yt.tllde at a
chaq;E' suffICient to pay tIle artual (:ost to the depart.
ment for pro\'ldln(: the mformation."
That 13" h.1S tJccn on thl' tJ{){\ks since 1935
"CTlmma!s hase kllown about HilS lor many years,"
says Lt Boberl Cr;lw, ('(.mnunu('r of t:,t' Incl!'wood
Police DqI3rtllll'IIt'!> crlfT,e p' ('\,<'111101. t>'lrf'aU
....m sun' th.11 thl' 1:lf"rmalllln IS u..ed (IIr mall)'
thlllrs." lIdds (';"...ly" \l..ll'y. a~lqanl man".:cr of the
License-^3. eo1. 1
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EXHIBIT A
Pe!ge 1 of 2
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License
f~rom p~lg~ Al
:' Dcp..rtmcnt of Motor Vehicles office in Haw'thorne.
': The information about a car's registered owner is a
,- matte'r ~r public record and anyone can obtain it.
. DMV form 443 is filled out and 75 cents is given the
~ clerk, Within five working days the information is
'mail<:'d and the department doesn't eVt'n keep a record
oCthe n'quest.
To test the s)'stem The Doily Breeze took the iicense
number and car make of one of Us single female
reporters to the Hawthorne DMV office and cornplded
the form.
In four da~'s the name and address of the woman was
obtained, no questions nsked. To say that she was
shocked to see a state form bearing her full name and
address would be an understatement.
The information has been used in the past to locate
attractive women seen driVing their cars, police say.
In sexual assaults where the victim docs not kno,.
the attacker. police say this is one way viclims are
6f'lected and identified.
"There ill no question that a person's privacy is belns
Invaded," says Lt. Craw. .'
, He, notes that the state Legislature cancelled a
vehicle seclion some years ago t~at .required all car
'reglstralions to be visible from outside the vehicle.
"It seems on orie hand the law offers protection by
removing the registratior. from plain sight in the car
and then takes it away by giving the Information out
ror a small fee," Craw says.
Since the DMV keeps no record of who requests the
information, It makes it impossible for police to trace a
possible criminal by a backcheck of the license data.
Ironically, when the Information request is submit-
ted to the DMV a form is signed which reads: "I certify
under penalty of perjury that I have a legitimate and
valid reason for requesting infonnalion on the listed
Indivld~al's vehicle and that the information will not be
used for unlawful purposes."
Such a disclaimer is hardly likely to stop a criminal.
eraw says the only way to get around the problem is
, to have a car registered to a post office box.
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Res.No.
EXHIBIT A
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I, SUSANNE E. STEINNETZ, City Clerk of the City of Gilroy,
do hereby certify that the attached Resolution No. 76-58 is an
original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 6th
day of December , 19~, at which meeting a quorum was
present.
IN WITNESS t-JHE RE OF , I have hereunto set my hand and affixed
the Official Seal of the City of Gilroy, this 8th day of
December , 19 76 .
:tJ{t~
City Clerk of the