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First Substitute H.B. 235






Sponsor: Mary Carlson

9    This act affects sections of Utah Code Annotated 1953 as follows:
10    AMENDS:
11         41-1a-116, as last amended by Chapter 314, Laws of Utah 1995
12         41-1a-522, as last amended by Chapter 175, Laws of Utah 1994
13    Be it enacted by the Legislature of the state of Utah:
14        Section 1. Section 41-1a-116 is amended to read:
15         41-1a-116. Records -- Telephone requests for records -- Search fee.
16        [(1) All records of the division are public unless the division determines based upon a
17    written request by the subject of the record that the record is protected.]
18        [(2) Access to public records is determined by Section 63-2-201.]
19        [(3) Access to protected records, except as provided in Subsection (4), is determined by
20    Section 63-2-202.]
21        [(4) In addition to those persons granted access to protected records under Section
22    63-2-202, the division may disclose a protected record to a licensed private investigator with a
23    legitimate business need, a person with a bona fide security interest, or for purposes of safety,
24    product recall, advisory notices, or statistical reports only upon receipt of a signed
25    acknowledgment that the person receiving that protected record may not:]
26        [(a) disclose information from that record to any other person; or]
27        [(b) use information from that record for advertising or solicitation purposes.]

1        (1) As used in this section:
2        (a) "Motor vehicle record" means any record that pertains to a motor vehicle title or motor
3    vehicle registration issued by a motor vehicle agency;
4        (b) "Person" means an individual, organization, or entity, but does not include the state
5    or any state agency; and
6        (c) "Personal information" means information that identifies an individual, including an
7    individual's photograph, social security number, driver's identification number, name, address,
8    telephone number, and medical disability information, but does not include information on
9    vehicular accidents, driving violations, driver's status, and the zip code.
10        (2) Access to records of the division classified under Title 63, Chapter 2, Government
11    Records Access and Management Act, is determined by Section 63-2-202 unless the record
12    contains personal information, in which case, access is determined by Subsection (3).
13        (3) The division may only disclose or otherwise provide personal information contained
14    in motor vehicle records:
15        (a) for use in connection with matters of motor vehicle or driver safety and theft, motor
16    vehicle emissions, motor vehicle product alterations, recalls, or advisories, performance
17    monitoring of motor vehicles and dealers by motor vehicle manufacturers, motor vehicle market
18    research activities, and removal of nonowner records from the original owner records of motor
19    vehicle manufacturers in general;
20        (b) to carry out the purposes of:
21        (i) the Automobile Information Disclosure Act, 15 U.S.C. Sec. 1231 et seq.;
22        (ii) the Motor Vehicle Information and Cost Saving Act, 15 U.S.C. Sec. 1901 et seq.;
23        (iii) the National Traffic and Motor Vehicle Safety Act of 1966, Pub. L. 89-563, 80 Stat.
24    718;
25        (iv) the Anti-car Theft Act of 1992, Pub. L. 102-519, 106 Stat. 3384; and
26        (v) the Clean Air Act, 42 U.S.C. Sec. 7401 et seq.;
27        (c) for use by any government agency, including any court or law enforcement agency, in
28    carrying out its functions, or any private person or entity acting on behalf of a federal, state, or
29    local government agency in carrying out its function;
30        (d) for use in the normal course of business by a legitimate business or its agents,
31    employees, or contractors, but only:

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1        (i) to verify the accuracy of personal information submitted by the individual to the
2    business or its agents, employees, or contractors; and
3        (ii) if the information that is submitted is not correct or is no longer correct, to obtain the
4    correct information only for the purpose of preventing fraud by, pursuing legal remedies against,
5    or recovering on a debt or security against the person;
6        (e) for use in connection with any civil, criminal, administrative, or arbitral proceeding in
7    any federal or state court or agency before any self-regulatory body, including the service of
8    process, investigation in anticipation of litigation, the execution or enforcement of judgments and
9    orders, or pursuant to an order of a federal or state court;
10        (f) for use in research activities or in producing statistical reports, if the personal
11    information is not published, redisclosed, or used to contact individuals;
12        (g) for use by any insurer or insurance support organization, or by a self-insured entity,
13    or its agents, employees, or contractors, in connection with claims investigation activities, rating,
14    or underwriting;
15        (h) for use in providing notice to the owners of towed or impounded vehicles;
16        (i) for use by any licensed private investigation agency or licensed security service for any
17    purpose permitted under this Subsection (3);
18        (j) for use in connection with the operation of private toll transportation or licensed
19    commercial parking facilities;
20        (k) for bulk distribution for surveys, marketing, or solicitations as provided under
21    Subsection (4);
22        (l) for use by a requestor, if the requestor demonstrates that the requestor has obtained the
23    written consent of the individual to whom the information pertains;
24        (m) that are not confidential under Section 41-1a-407; and
25        (n) for authorized uses under Title 41, Chapter 12a, Part VIII, Uninsured Motorist
26    Identification Database Program.
27        (4) Beginning July 1, 1997, the division shall disclose personal information for bulk
28    distribution using methods and procedures that ensure that:
29        (a) persons are provided an opportunity, in a clear and conspicuous manner, to prohibit
30    this use; and
31        (b) the information may only be used, rented, or sold solely for bulk distribution for

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1    surveys, marketing, and solicitation and may not be directed at those persons who have requested
2    in a timely manner that this material may not be directed at them.
3        (5) (a) Except as provided in Subsection (b), an authorized recipient of personal
4    information may resell or redisclose the information only for a use permitted under Subsection (3).
5        (b) An authorized recipient of personal information under Subsection (3)(l) may only resell
6    or redisclose personal information pursuant to Subsections (3)(l) and (4).
7        (c) Any authorized recipient who resells or rediscloses personal information shall keep for
8    a period of five years records identifying each person or entity that receives personal information
9    and the permitted purpose for which the information will be used and shall make these records
10    available to the division upon request.
11        (6) The division may establish and administer procedures to inform a person by mail that
12    the division or the agency that keeps motor vehicle records has received a request for personal
13    information about the individual that does not come within the permissible uses of this section and
14    that the information will not be released unless the person waives the protections provided under
15    this section.
16        [(5)] (7) The division may provide [protected] information to a statistic gathering entity
17    under Subsection [(4)] (3) only in summary form.
18        [(6)] (8) A person allowed access to [protected] records under Subsection [(4)] (3) may
19    request motor vehicle title or registration information from the division regarding any person,
20    entity, or motor vehicle by submitting in person or by mail a written application on a form
21    provided by the division.
22        [(7)] (9) If a person regularly requests information for business purposes, the division may
23    by rule allow the information requests to be made by telephone and fees as required under
24    Subsection [(8)] (10) charged to a division billing account to facilitate division service. The rules
25    shall require that the:
26        (a) division determine if the nature of the business and the volume of requests merit the
27    dissemination of the information by telephone;
28        (b) division determine if the credit rating of the requesting party justifies providing a
29    billing account; and
30        (c) the requestor submit to the division an application that includes names and signatures
31    of persons authorized to request information by telephone and charge the fees to the billing

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1    account.
2        [(8)] (10) (a) The division shall charge a reasonable search fee determined under Section
3    63-38-3.2 for the research of each record requested.
4        (b) Fees may not be charged for furnishing information to persons necessary for their
5    compliance with this chapter.
6        (c) Law enforcement agencies have access to division records free of charge.
7        Section 2. Section 41-1a-522 is amended to read:
8         41-1a-522. Record of nonconforming vehicle -- Access -- Brand -- Unbranding.
9        (1) The definitions in Section 41-3-407 apply to this section.
10        (2) Upon receipt of a copy of an original certificate of title, Manufacturer's Statement of
11    Origin, or other evidence of ownership of a nonconforming vehicle in accordance with Section
12    41-3-409, the division shall:
13        (a) establish a record of the reported nonconforming vehicle;
14        (b) consider the record a public record with public access under [Sections 41-1a-116 and]
15    Section 63-2-201[;], unless the record reveals personal information about the consumer that owned
16    the vehicle, in which case, access shall be determined under Section 41-1a-116;
17        (c) allow access to the record upon written application to the division; and
18        (d) upon request for a new certificate of title for a nonconforming vehicle, brand the
19    certificate of title with the words "MANUFACTURER BUYBACK NONCONFORMING
20    VEHICLE" clearly and conspicuously on the face of the new certificate of title.
21        (3) Upon receipt of the branded certificate of title, the division shall:
22        (a) follow the procedures established in Subsection (2); or
23        (b) if the record of the nonconforming vehicle contains an application for an unbranded
24    certificate of title that meets the requirements of Section 41-3-409.5:
25        (i) update the record to show that all nonconformities have been cured;
26        (ii) consider the record a public record with public access under Sections 41-1a-116 and
27    63-2-201;
28        (iii) allow access to the complete record upon written application to the division; and
29        (iv) upon request for a new certificate of title, issue an unbranded certificate of title.
30        Section 3. Effective date.
31        This act takes effect on July 1, 1997.

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