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7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to motor vehicle records after expungement of
10 criminal records.
11 Highlighted Provisions:
12 This bill:
13 ▸ modifies provisions relating to records kept following expungement of a person's
14 record of offenses committed while under the age of 21; and
15 ▸ makes technical changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 53-3-109, as last amended by Laws of Utah 2016, Chapter 175
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 53-3-109 is amended to read:
26 53-3-109. Records -- Access -- Fees -- Rulemaking.
27 (1) (a) Except as provided in this section, the division shall classify all records of the
28 division [
29 with Title 63G, Chapter 2, Government Records Access and Management Act.
30 (b) The division may only disclose personal identifying information:
31 (i) when the division determines it is in the interest of the public safety to disclose the
32 information; and
33 (ii) in accordance with the federal Driver's Privacy Protection Act of 1994, 18 U.S.C.
34 Chapter 123.
35 (c) The division may disclose personal identifying information:
36 (i) to a licensed private investigator holding a valid agency license, with a legitimate
37 business need;
38 (ii) to an insurer, insurance support organization, or a self-insured entity, or its agents,
39 employees, or contractors that issues any motor vehicle insurance under Title 31A, Chapter 22,
40 Part 3, Motor Vehicle Insurance, for use in connection with claims investigation activities,
41 antifraud activities, rating, or underwriting for any person issued a license certificate under this
42 chapter; or
43 (iii) to a depository institution as defined in Section 7-1-103 for use in accordance with
44 the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. Chapter 123.
45 (2) (a) [
46 information [
47 (i) disclose the personal identifying information from that record to any other person;
48 or
49 (ii) use the personal identifying information from that record for advertising or
50 solicitation purposes.
51 (b) Any use of personal identifying information by an insurer or insurance support
52 organization, or by a self-insured entity or its agents, employees, or contractors not authorized
53 by Subsection (1)(c)(ii) is:
54 (i) an unfair marketing practice under Section 31A-23a-402; or
55 (ii) an unfair claim settlement practice under Subsection 31A-26-303(3).
56 (3) (a) Notwithstanding the provisions of Subsection (1)(b), the division or its designee
57 may disclose portions of a driving record, in accordance with this Subsection (3), to:
58 (i) an insurer as defined under Section 31A-1-301, or a designee of an insurer, for
59 purposes of assessing driving risk on the insurer's current motor vehicle insurance
60 policyholders;
61 (ii) an employer or a designee of an employer, for purposes of monitoring the driving
62 record and status of current employees who drive as a responsibility of the employee's
63 employment if the requester demonstrates that the requester has obtained the written consent of
64 the individual to whom the information pertains; and
65 (iii) an employer or the employer's agents to obtain or verify information relating to a
66 holder of a commercial driver license that is required under 49 U.S.C. Chapter 313.
67 (b) [
68 (i) include the licensed driver's name, driver license number, date of birth, and an
69 indication of whether the driver has had a moving traffic violation that is a reportable violation,
70 as defined under Section 53-3-102 during the previous month;
71 (ii) [
72 disclosure, are covered under a motor vehicle insurance policy of the insurer; and
73 (iii) [
74 designee of an insurer.
75 (c) [
76 (i) include the licensed driver's name, driver license number, date of birth, and an
77 indication of whether the driver has had a moving traffic violation that is a reportable violation,
78 as defined under Section 53-3-102, during the previous month;
79 (ii) [
80 employer;
81 (iii) [
82 designee of an employer; and
83 (iv) include an indication of whether the driver has had a change reflected in the
84 driver's:
85 (A) driving status;
86 (B) license class;
87 (C) medical self-certification status; or
88 (D) medical examiner's certificate under 49 C.F.R. Sec. 391.45.
89 (d) The contract under Subsection (3)(b)(iii) or (c)(iii) shall specify:
90 (i) the criteria for searching and compiling the driving records being requested;
91 (ii) the frequency of the disclosures;
92 (iii) the format of the disclosures, which may be in bulk electronic form; and
93 (iv) a reasonable charge for the driving record disclosures under this Subsection (3).
94 (4) The division may:
95 (a) collect fees in accordance with Section 53-3-105 for searching and compiling its
96 files or furnishing a report on the driving record of a person;
97 (b) prepare under the seal of the division and deliver upon request, a certified copy of
98 any record of the division, and charge a fee under Section 63J-1-504 for each document
99 authenticated; and
100 (c) charge reasonable fees established in accordance with the procedures and
101 requirements of Section 63J-1-504 for disclosing personal identifying information under
102 Subsection (1)(c).
103 (5) Each certified copy of a driving record furnished in accordance with this section is
104 admissible in any court proceeding in the same manner as the original.
105 (6) (a) A driving record furnished under this section:
106 (i) may only report on the driving record of a person for a period of 10 years[
107 (ii) may not contain evidence of a conviction for an offense or the denial, suspension,
108 or revocation of a person's driver license under Section 53-3-220, if:
109 (A) the offense for which the person was convicted or the driving privilege was denied,
110 suspended, or revoked is described in Section 41-6a-502, 41-6a-502.5, 41-6a-517, 41-6a-520,
111 41-6a-530, or 53-3-223;
112 (B) the person was under the age of 21 at the time the offense occurred;
113 (C) the person has not been convicted of or had their driving privilege denied,
114 suspended, or revoked for a previous offense described in Subsection (6)(a)(ii)(A);
115 (D) the person has not been arrested or convicted for any other offense for which the
116 division may extend under Subsection 53-3-220(2) the driver license denial, suspension, or
117 revocation described in Subsection (6)(a)(ii)(A);
118 (E) any restriction periods imposed under Sections 41-6a-529 and 41-6a-518.2 related
119 to the offense described in Subsection (6)(a)(ii)(A) have expired; and
120 (F) the person has paid applicable fees required under Subsections 53-3-105(23) and
121 53-3-105(24).
122 (b) The provisions of Subsection (6)(a)(ii) do not apply to:
123 (i) a CDIP or CDL license holder; or
124 (ii) an offense that occurred in a commercial motor vehicle.
125 (c) If a person described in Subsection (6)(a)(ii) is convicted or suspended for a
126 subsequent offense as described in Subsection (6)(a)(ii)(A), the division shall report on the
127 driving record of the person evidence of the conviction for an offense or suspension of the
128 person's driver license under Subsection (6)(a)(ii).
129 [
130 of commercial driver license violations, or reports for commercial driver license holders.
131 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
132 division may make rules to designate:
133 (a) what information [
134 driving record of a person;
135 (b) the form of a report or copy of the report which may include electronic format;
136 (c) the form of a certified copy, as required under Section 53-3-216, which may include
137 electronic format;
138 (d) the form of a signature required under this chapter which may include electronic
139 format;
140 (e) the form of written request to the division required under this chapter which may
141 include electronic format;
142 (f) the procedures, requirements, and formats for disclosing personal identifying
143 information under Subsection (1)(c); and
144 (g) the procedures, requirements, and formats necessary for the implementation of
145 Subsection (3).
146 (8) (a) It is a class B misdemeanor for a person to knowingly or intentionally access,
147 use, disclose, or disseminate a record created or maintained by the division or any information
148 contained in a record created or maintained by the division for a purpose prohibited or not
149 permitted by statute, rule, regulation, or policy of a governmental entity.
150 (b) A person who discovers or becomes aware of any unauthorized use of records
151 created or maintained by the division shall inform the commissioner and the division director
152 of the unauthorized use.
Legislative Review Note
Office of Legislative Research and General Counsel