S.B. 174 Enrolled

USE OF DRIVER LICENSE INFORMATION
2000 GENERAL SESSION
STATE OF UTAH
Sponsor: Karen Hale
AN ACT RELATING TO PUBLIC SAFETY; PROTECTING MOTOR VEHICLE RECORDS;
PROTECTING DRIVER RECORDS; PROVIDING CERTAIN ACCESS; AND MAKING
TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
41-1a-116, as last amended by Chapter 314, Laws of Utah 1995
53-3-104, as last amended by Chapters 28 and 314, Laws of Utah 1995
ENACTS:
53-3-109, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 41-1a-116 is amended to read:
41-1a-116. Records -- Telephone requests for records.
(1) (a) All motor vehicle title and registration records of the division are [public] protected
unless the division determines based upon a written request by the subject of the record that the
record is [protected] public.
(b) In addition to the provisions of this section, access to all division records shall be in
accordance with the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. Chapter 123.
(2) (a) Access to public records is determined by Section 63-2-201 .
(b) A record designated as public under Subsection (1)(a) may be used for advertising or
solicitation purposes.
(3) Access to protected records, except as provided in Subsection (4), is determined by
Section 63-2-202 .
(4) In addition to those persons granted access to protected records under Section
63-2-202 , the division may disclose a protected record to a licensed private investigator with a
legitimate business need, a person with a bona fide security interest, or for purposes of safety,

product recall, advisory notices, or statistical reports only upon receipt of a signed acknowledgment
that the person receiving that protected record may not:
(a) disclose information from that record to any other person; or
(b) use information from that record for advertising or solicitation purposes.
(5) The division may provide protected information to a statistic gathering entity under
Subsection (4) only in summary form.
(6) A person allowed access to protected records under Subsection (4) may request motor
vehicle title or registration information from the division regarding any person, entity, or motor
vehicle by submitting in person or by mail a written application on a form provided by the division.
(7) If a person regularly requests information for business purposes, the division may by rule
allow the information requests to be made by telephone and fees as required under Subsection (8)
charged to a division billing account to facilitate division service. The rules shall require that the:
(a) division determine if the nature of the business and the volume of requests merit the
dissemination of the information by telephone;
(b) division determine if the credit rating of the requesting party justifies providing a billing
account; and
(c) the requestor submit to the division an application that includes names and signatures of
persons authorized to request information by telephone and charge the fees to the billing account.
(8) (a) The division shall charge a reasonable search fee determined under Section 63-38-3.2
for the research of each record requested.
(b) Fees may not be charged for furnishing information to persons necessary for their
compliance with this chapter.
(c) Law enforcement agencies have access to division records free of charge.
Section 2. Section 53-3-104 is amended to read:
53-3-104. Division duties.
[(1)] The division shall:
[(a)] (1) make rules:
[(i)] (a) for examining applicants for a license, as necessary for the safety and welfare of the

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traveling public;
[(ii)] (b) regarding the restrictions to be imposed on a person driving a motor vehicle with
a temporary learner permit; and
[(iii)] (c) for exemptions from licensing requirements as authorized in this chapter;
[(b)] (2) examine each applicant according to the class of license applied for;
[(c)] (3) license motor vehicle drivers;
[(d)] (4) file every application for a license received by it and shall maintain indices
containing:
[(i)] (a) all applications denied and the reason each was denied;
[(ii)] (b) all applications granted; and
[(iii)] (c) the name of every licensee whose license has been suspended, disqualified, or
revoked by the division and the reasons for the action;
[(e)] (5) suspend, revoke, disqualify, cancel, or deny any license issued in accordance with
this chapter;
[(f)] (6) file all accident reports and abstracts of court records of convictions received by it
under state law;
[(g)] (7) maintain a record of each licensee showing his convictions and the traffic accidents
in which he has been involved where a conviction has resulted;
[(h)] (8) consider the record of a licensee upon an application for renewal of a license and
at other appropriate times;
[(i)] (9) search the license files, compile, and furnish a report on the driving record of any
person licensed in the state [when requested by any person] in accordance with Section 53-3-109 ;
[(j)] (10) develop and implement a record system as required by Section 41-6-48.5 ;
[(k)] (11) in accordance with Section 53A-13-208 , establish:
[(i)] (a) procedures and standards to certify teachers of driver education classes to administer
written and driving tests;
[(ii)] (b) minimal standards for the driver education class tests; and
[(iii)] (c) procedures to enable school districts to administer or process any tests for students

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to receive a class D operator's license; and
[(l)] (12) provide administrative support to the Driver License Medical Advisory Board
created in Section 53-3-303 [; and].
[(m) provide drivers license information, including photograph, and drivers history to licensed
private investigators upon written request.]
[(2) The division may:]
[(a) collect fees under Section 53-3-105 for searching and compiling its files or furnishing a
report on the driving record of a person; and]
[(b) prepare under the seal of the division and deliver upon request, a certified copy of any
record of the division, and charge a fee under Section 63-38-3.2 for each document authenticated.]
[(3) Each certified copy of a driving record furnished under Subsection (1)(i) is admissible
in any court proceeding in the same manner as the original.]
Section 3. Section 53-3-109 is enacted to read:
53-3-109. Records -- Access -- Fees -- Rulemaking.
(1) (a) Except as provided in this section, all records of the division shall be classified and
disclosed in accordance with Title 63, Chapter 2, Government Records Access and Management Act.
(b) The division may only disclose personal identifying information:
(i) when the division determines it is in the interest of the public safety to disclose the
information; and
(ii) in accordance with the federal Driver's Privacy Protection Act of 1994, 18 U.S.C.
Chapter 123.
(2) A person who receives personal identifying information shall be advised by the division
that the person may not:
(a) disclose the personal identifying information from that record to any other person; or
(b) use the personal identifying information from that record for advertising or solicitation
purposes.
(3) The division may:
(a) collect fees in accordance with Section 53-3-105 for searching and compiling its files or

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furnishing a report on the driving record of a person; and
(b) prepare under the seal of the division and deliver upon request, a certified copy of any
record of the division, and charge a fee under Section 63-38-3.2 for each document authenticated.
(4) Each certified copy of a driving record furnished in accordance with this section is
admissible in any court proceeding in the same manner as the original.
(5) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
division may make rules to designate what information shall be included in a report on the driving
record of a person.

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