S.B. 52 Enrolled

ACCESS TO UNINSURED MOTORIST
INFORMATION
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: David H. Steele
This act modifies the Motor Vehicles Code by amending the Uninsured Motorist
Identification Database Program. This act allows the database information to be used by
financial institutions to facilitate protection of a financial institution's bona fide security
interest in a motor vehicle. This act allows database information to be made accessible
through the Internet or to be made available through other electronic medium if the
Department of Public Safety determines that sufficient security is provided to ensure
compliance with disclosure restrictions. This act makes technical changes.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
41-12a-803, as last amended by Chapter 35, Laws of Utah 1998
41-12a-805, as last amended by Chapter 345, Laws of Utah 2000
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 41-12a-803 is amended to read:
41-12a-803. Program creation -- Administration -- Selection of designated agent
-- Duties -- Rulemaking _ Audits.
(1) There is created the Uninsured Motorist Identification Database Program to:
(a) establish an Uninsured Motorist Identification Database to verify compliance with
motor vehicle owner's or operator's security requirements under Section 41-12a-301 and other
provisions under this part;
(b) assist in reducing the number of uninsured motor vehicles on the highways of the
state; [and]
(c) assist in increasing compliance with motor vehicle registration and sales and use tax
laws[.]; and
(d) assist in protecting a financial institution's bona fide security interest in a motor

vehicle.
(2) The program shall be administered by the department with the assistance of the
designated agent and the Motor Vehicle Division.
(3) (a) The department shall contract in accordance with Title 63, Chapter 56, Utah
Procurement Code, with a third party to establish and maintain an Uninsured Motorist
Identification Database for the purposes established under this part.
(b) The contract may not obligate the department to pay the third party more monies than
are available in the account.
(4) (a) The third party under contract under this section is the department's designated
agent, and shall develop and maintain a computer database from the information provided by:
(i) insurers under Section 31A-22-315 ;
(ii) the division under Subsection (6); and
(iii) the Motor Vehicle Division under Section 41-1a-120 .
(b) (i) The database shall be developed and maintained in accordance with guidelines
established by the department so that state and local law enforcement agencies and financial
institutions as defined in Section 7-1-103 can efficiently access the records of the database,
including reports useful for the implementation of the provisions of this part.
(ii) (A) The reports shall be in a form and contain information approved by the
department.
(B) The reports may be made available through the Internet or through other electronic
medium, if the department determines that sufficient security is provided to ensure compliance
with Section 41-12a-805 regarding limitations on disclosure of information in the database.
(5) With information provided by the department and the Motor Vehicle Division, the
designated agent shall, at least monthly:
(a) update the database with the motor vehicle insurance information provided by the
insurers in accordance with Section 31A-22-315 ; and
(b) compare all current motor vehicle registrations against the database.
(6) The division shall provide the designated agent with the name, date of birth, address,

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and driver license number of all persons on the driver license database.
(7) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
department shall make rules and develop procedures in cooperation with the Motor Vehicle
Division to use the database for the purpose of administering and enforcing this part.
(8) (a) The designated agent shall archive computer data files at least semi-annually for
auditing purposes.
(b) The internal audit unit of the tax commission provided under Section 59-1-206 shall
audit the program at least annually. The audit shall include verification of:
(i) billings made by the designated agent; and
(ii) the accuracy of the designated agent's matching of vehicle registration with insurance
data.
Section 2. Section 41-12a-805 is amended to read:
41-12a-805. Disclosure of insurance information -- Penalty.
(1) Information in the database established under Section 41-12a-803 provided by a
person to the designated agent is considered to be the property of the person providing the
information. The information may not be disclosed from the database under Title 63, Chapter 2,
Government Records Access and Management Act, or otherwise, except as follows:
(a) for the purpose of investigating, litigating, or enforcing the owner's or operator's
security requirement under Section 41-12a-301 , the designated agent shall verify insurance
information through the state computer network for a state or local government agency or court;
(b) for the purpose of investigating, litigating, or enforcing the owner's or operator's
security requirement under Section 41-12a-301 , the designated agent shall, upon request, issue to
any state or local government agency or court a certificate documenting the insurance
information, according to the database, of a specific individual or motor vehicle for the time
period designated by the government agency;
(c) upon request, the department or its designated agent shall disclose whether or not a
person is an insured individual and the insurance company name to:
(i) that individual or, if that individual is deceased, any interested person of that

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individual, as defined in Section 75-1-201 ;
(ii) the parent or legal guardian of that individual if the individual is an unemancipated
minor;
(iii) the legal guardian of that individual if the individual is legally incapacitated;
(iv) a person who has power of attorney from the insured individual;
(v) a person who submits a notarized release from the insured individual dated no more
than 90 days before the date the request is made; or
(vi) a person suffering loss or injury in a motor vehicle accident in which the insured
individual is involved, but only as part of an accident report as authorized in Section 41-12a-202 ;
(d) for the purpose of investigating, enforcing, or prosecuting laws or issuing citations by
state or local law enforcement agencies related to the:
(i) registration and renewal of registration of a motor vehicle under Title 41, Chapter 1a,
Motor Vehicle Act;
(ii) purchase of a motor vehicle under Title 59, Chapter 12, Sales and Use Tax Act; and
(iii) owner's or operator's security requirements under Section 41-12a-301 ;
(e) upon request of a peace officer acting in an official capacity under the provisions of
Subsection (1)(d), the department or the designated agent shall, upon request, disclose relevant
information for investigation, enforcement, or prosecution; [and]
(f) for the purpose of the state auditor, the legislative auditor general, or other auditor of
the state conducting audits of the program[.]; and
(g) upon request of a financial institution as defined under Section 7-1-103 for the
purpose of protecting the financial institution's bona fide security interest in a motor vehicle.
(2) (a) The department may allow the designated agent to prepare and deliver upon
request, [a certified copy of] a report on the insurance information of a person or motor vehicle in
accordance with this section.
(b) The report may be in the form of:
(i) a certified copy that is considered admissible in any court proceeding in the same
manner as the original; or

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(ii) information accessible through the Internet or through other electronic medium if the
department determines that sufficient security is provided to ensure compliance with this section.
(c) The department may allow the designated agent to charge a fee established by the
department under Section 63-38-3.2 for each:
(i) document authenticated[.], including each certified copy;
(ii) record accessed by the Internet or by other electronic medium; and
(iii) record provided to a financial institution under Subsection (1)(g).
[(b) Each certified copy of a report on the insurance information furnished in accordance
with this section is admissible in any court proceeding in the same manner as the original.]
(3) Any person who knowingly releases or discloses information from the database for a
purpose other than those authorized in this section or to a person who is not entitled to it is guilty
of a third degree felony.
(4) An insurer is not liable to any person for complying with Section 31A-22-315 by
providing information to the designated agent.
(5) Neither the state nor the department's designated agent are liable to any person for
gathering, managing, or using the information in the database as provided in Section 31A-22-315
and this part.

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