DAR File No. 28787

Public Safety, Driver License

R708-32-4

Access

NOTICE OF PROPOSED RULE

DAR File No.: 28787
Filed: 06/07/2006, 02:33
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to include new language to allow financial institutions to access the uninsured motorist database for the purpose of protecting their bona fide security interest in a motor vehicle.

Summary of the rule or change:

Sections 41-12a-803 and 41-12a-805 were changed to allow authorized financial institutions to receive insurance status information from the uninsured motorist database. A sentence was added to Section R708-32-4 that allows the division to protect a bona fide security interest in a motor vehicle.

State statutory or constitutional authorization for this rule:

Subsection 41-12a-803(7)

Anticipated cost or savings to:

the state budget:

There will be no cost to the state because transactions will be processed through Insure-Rite the state's designated vendor.

local governments:

There will be no cost to local governments because the uninsured motorist database is exclusively a state responsibility.

other persons:

There may be an undetermined fee to qualified financial institutions to receive this information.

Compliance costs for affected persons:

There may be an undetermined fee to qualified financial institutions to receive this information.

Comments by the department head on the fiscal impact the rule may have on businesses:

Requesters will be charged a reasonable fee for the service, which fee is yet to be determined. It is anticipated requesters may save money as a result of the information they receive for this service. Robert Flowers, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Vinn Roos at the above address, by phone at 801-965-4456, by FAX at 801-964-4482, or by Internet E-mail at vroos@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/31/2006

This rule may become effective on:

08/07/2006

Authorized by:

Nannette Rolfe, Director

RULE TEXT

R708. Public Safety, Driver License.

R708-32. Uninsured Motorist Database.

R708-32-4. Access.

(1) In accordance with Section 41-12a-803, insurance "status" information will be provided only to authorized personnel of federal, state and local governmental agencies who have access through dispatchers to the Driver License and Motor Vehicle Division's computer information screens (1027 and 1028) and to financial institutions, as defined in Section 7-1-103, for the purpose of protecting a bona fide security interest in a motor vehicle.

(2) Authorized personnel seeking information from this database will be limited to receiving the following responses:

(a) YES = Strong indication of mandatory insurance in force;

(b) NO = Strong indication mandatory insurance is not in force;

(c) EXEMPT = Vehicle is exempt from mandatory auto insurance, such as farm vehicles;

(d) NOT FOUND = Vehicle not part of insurance database; and

(e) NOT AVAILABLE = Communications with computer interrupted.

(3) Access to additional information other than "YES", "NO", "EXEMPT", "NOT FOUND," or "NOT AVAILABLE", shall be limited to the following persons who shall sign a Certificate of Understanding:

(a) Financial Responsibility Section Manager and employees;

(b) Driver License Division Director, Deputy Director, and Bureau Chiefs; and

(c) Other employees authorized by the Driver License Division Director, Deputy Director or Bureau Chiefs.

(4) Additional information, if available, may include:

(a) the vehicle owner's name and address;

(b) date of birth;

(c) driver license number;

(d) license plate number;

(e) vehicle identification number;

(f) insurance company name;

(g) policy number; and

(h) issue and expiration dates of the owner's vehicle insurance policy.

KEY: uninsured motorist database

Date of Enactment or Last Substantive Amendment: [April 16, 1996]2006

Notice of Continuation: May 10, 2005

Authorizing, and Implemented or Interpreted Law: 41-12a-803(7)

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Vinn Roos at the above address, by phone at 801-965-4456, by FAX at 801-964-4482, or by Internet E-mail at vroos@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.