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S.B. 174
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USE OF DRIVER LICENSE INFORMATION
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Karen Hale
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AN ACT RELATING TO PUBLIC SAFETY; PROTECTING MOTOR VEHICLE RECORDS;
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PROTECTING DRIVER RECORDS; PROVIDING CERTAIN ACCESS; AND MAKING
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TECHNICAL CORRECTIONS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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41-1a-116, as last amended by Chapter 314, Laws of Utah 1995
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53-3-104, as last amended by Chapters 28 and 314, Laws of Utah 1995
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ENACTS:
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53-3-109, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
41-1a-116
is amended to read:
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41-1a-116. Records -- Telephone requests for records -- Search fee.
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(1) (a) All S
MOTOR VEHICLE TITLE AND REGISTRATIO
N
s records of the division are
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[public] protected unless the division determines
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based upon a written request by the subject of the record that the record is [protected] public.
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(b) In addition to the provisions of this section, access to all division records shall be in
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accordance with the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. Chapter 123.
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(2) (a) Access to public records is determined by Section
63-2-201
.
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(b) A record designated as public under Subsection (1)(a) may be used for advertising or
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solicitation purposes.
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(3) Access to protected records, except as provided in Subsection (4), is determined by
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Section
63-2-202
.
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(4) In addition to those persons granted access to protected records under Section
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63-2-202
, the division may disclose a protected record to a licensed private investigator with a
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legitimate business need, a person with a bona fide security interest, or for purposes of safety,
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product recall, advisory notices, or statistical reports only upon receipt of a signed
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acknowledgment that the person receiving that protected record may not:
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(a) disclose information from that record to any other person; or
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(b) use information from that record for advertising or solicitation purposes.
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(5) The division may provide protected information to a statistic gathering entity under
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Subsection (4) only in summary form.
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(6) A person allowed access to protected records under Subsection (4) may request motor
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vehicle title or registration information from the division regarding any person, entity, or motor
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vehicle by submitting in person or by mail a written application on a form provided by the division.
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(7) If a person regularly requests information for business purposes, the division may by
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rule allow the information requests to be made by telephone and fees as required under Subsection
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(8) charged to a division billing account to facilitate division service. The rules shall require that
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the:
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(a) division determine if the nature of the business and the volume of requests merit the
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dissemination of the information by telephone;
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(b) division determine if the credit rating of the requesting party justifies providing a
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billing account; and
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(c) the requestor submit to the division an application that includes names and signatures
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of persons authorized to request information by telephone and charge the fees to the billing
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account.
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(8) (a) The division shall charge a reasonable search fee determined under Section
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63-38-3.2
for the research of each record requested.
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(b) Fees may not be charged for furnishing information to persons necessary for their
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compliance with this chapter.
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(c) Law enforcement agencies have access to division records free of charge.
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Section 2.
Section
53-3-104
is amended to read:
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53-3-104. Division duties.
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[(1)] The division shall:
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[(a)] (1) make rules:
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[(i)] (a) for examining applicants for a license, as necessary for the safety and welfare of
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the traveling public;
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[(ii)] (b) regarding the restrictions to be imposed on a person driving a motor vehicle with
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a temporary learner permit; and
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[(iii)] (c) for exemptions from licensing requirements as authorized in this chapter;
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[(b)] (2) examine each applicant according to the class of license applied for;
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[(c)] (3) license motor vehicle drivers;
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[(d)] (4) file every application for a license received by it and shall maintain indices
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containing:
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[(i)] (a) all applications denied and the reason each was denied;
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[(ii)] (b) all applications granted; and
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[(iii)] (c) the name of every licensee whose license has been suspended, disqualified, or
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revoked by the division and the reasons for the action;
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[(e)] (5) suspend, revoke, disqualify, cancel, or deny any license issued in accordance with
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this chapter;
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[(f)] (6) file all accident reports and abstracts of court records of convictions received by
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it under state law;
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[(g)] (7) maintain a record of each licensee showing his convictions and the traffic
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accidents in which he has been involved where a conviction has resulted;
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[(h)] (8) consider the record of a licensee upon an application for renewal of a license and
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at other appropriate times;
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[(i)] (9) search the license files, compile, and furnish a report on the driving record of any
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person licensed in the state [when requested by any person] in accordance with Section
53-3-109
;
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[(j)] (10) develop and implement a record system as required by Section
41-6-48.5
;
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[(k)] (11) in accordance with Section
53A-13-208
, establish:
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[(i)] (a) procedures and standards to certify teachers of driver education classes to
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administer written and driving tests;
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[(ii)] (b) minimal standards for the driver education class tests; and
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[(iii)] (c) procedures to enable school districts to administer or process any tests for
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students to receive a class D operator's license; and
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[(l)] (12) provide administrative support to the Driver License Medical Advisory Board
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created in Section
53-3-303
[; and].
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[(m) provide drivers license information, including photograph, and drivers history to
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licensed private investigators upon written request.]
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[(2) The division may:]
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[(a) collect fees under Section
53-3-105
for searching and compiling its files or furnishing
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a report on the driving record of a person; and]
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[(b) prepare under the seal of the division and deliver upon request, a certified copy of any
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record of the division, and charge a fee under Section
63-38-3.2
for each document authenticated.]
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[(3) Each certified copy of a driving record furnished under Subsection (1)(i) is admissible
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in any court proceeding in the same manner as the original.]
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Section 3.
Section
53-3-109
is enacted to read:
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53-3-109. Records -- Access -- Fees -- Rulemaking.
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(1) (a) Except as provided in this section, all records of the division shall be classified and
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disclosed in accordance with Title 63, Chapter 2, Government Records Access and Management
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Act.
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(b) The division may only disclose personal identifying information:
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(i) when the division determines it is in the interest of the public safety to disclose the
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information; and
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(ii) in accordance with the federal Driver's Privacy Protection Act of 1994, 18 U.S.C.
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Chapter 123.
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(2) A person who receives personal identifying information shall be advised by the
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division that the person may not:
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(a) disclose the personal identifying information from that record to any other person; or
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(b) use the personal identifying information from that record for advertising or solicitation
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purposes.
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(3) The division may:
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(a) collect fees in accordance with Section
53-3-105
for searching and compiling its files
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or furnishing a report on the driving record of a person; and
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(b) prepare under the seal of the division and deliver upon request, a certified copy of any
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record of the division, and charge a fee under Section
63-38-3.2
for each document authenticated.
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(4) Each certified copy of a driving record furnished in accordance with this section is
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admissible in any court proceeding in the same manner as the original.
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(5) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
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division may make rules to designate what information shall be included in a report on the driving
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record of a person.
Legislative Review Note
as of 1-28-00 4:40 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.