S.B. 84

1

CONFIDENTIALITY OF REPORTS TO
2 DRIVER LICENSE DIVISION
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Allen M. Christensen
6 House Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Impaired Persons Licensing Act by amending provisions relating
11 to notifying the division of an impairment.
12 Highlighted Provisions:
13 This bill:
14 . provides that a person may notify the Driver License Division if the person is aware
15 of a physical, mental, or emotional impairment of another person that is an
16 imminent threat to driver safety;
17 . provides that the Driver License Division may require a person that is the subject of
18 a notification to submit to certain medical reports or certain tests;
19 . provides that a notification is a protected record and may not be disclosed by the
20 division if requested;
21 . grants the Driver License Division rulemaking authority to establish a procedure to
22 make a protected notification; and
23 . provides that it is a class C misdemeanor to make a notification with the intent to
24 annoy, intimidate, or harass a person.
25 Monies Appropriated in this Bill:
26 None
27 Other Special Clauses:

28 None
29 Utah Code Sections Affected:
30 ENACTS:
31 53-3-305, Utah Code Annotated 1953
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 53-3-305 is enacted to read:
35 53-3-305. Notification of impaired person to division -- Confidentiality of
36 notification -- Rulemaking -- Penalty.
37 (1) A person who is aware of a physical, mental, or emotional impairment of another
38 person that appears to present an imminent threat to driving safety may notify the division of
39 the impairment.
40 (2) If the division determines that the notification under Subsection (1) was made in
41 good faith, the division may require the person who is the subject of the notification to submit
42 to:
43 (a) one or more medical reports under Subsection 53-3-304 (1);
44 (b) a physical and mental fitness test under Section 53-3-206 ;
45 (c) the knowledge test required by the division; or
46 (d) the skills test approved by the division.
47 (3) The notification provided under this section relating to a physical, mental, or
48 emotional impairment is classified as a protected record under Title 63, Chapter 2, Government
49 Records Access and Management Act, and the identity of the person notifying the division may
50 not be disclosed by the division if requested by the person notifying the division.
51 (4) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
52 division shall makes rules establishing procedures for making a protected notification under
53 this section to ensure that the notification is made in good faith.
54 (5) A person who makes a notification with the intent to annoy, intimidate, or harass
55 the person that is the subject of the notification is guilty of a class C misdemeanor.

Legislative Review Note
as of 12-5-06 1:56 PM

Office of Legislative Research and General Counsel