Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 279 (2019GS)

Sponsor

Rep. Quinn, T.

Final action

House/ filed 3/14/2019

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• requires an employer to enter into a contract to monitor the driving record of each employee required to have a CDL as a condition of employment; and
• makes technical changes.

Every vote on this bill

Bill text

TRAFFIC VIOLATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Tim Quinn
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill requires an employer to enter into a contract to monitor the driving record of
each employee required to have a CDL as a condition of employment.
Highlighted Provisions:
This bill:
▸ requires an employer to enter into a contract to monitor the driving record of each
employee required to have a CDL as a condition of employment; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-3-109
, as last amended by Laws of Utah 2018, Chapter 417
53-3-415
, as last amended by Laws of Utah 2010, Chapter 196
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-3-109
 is amended to read:
53-3-109.
Records -- Access -- Fees -- Rulemaking.
(1) (a) Except as provided in this section, all records of the division shall be classified
and disclosed in accordance with Title 63G, Chapter 2, Government Records Access and
Management Act.
(b) The division may only disclose personal identifying information:
(i) when the division determines it is in the interest of the public safety to disclose the
information; and
(ii) in accordance with the federal Driver's Privacy Protection Act of 1994, 18 U.S.C.
Chapter 123.
(c) The division may disclose personal identifying information:
(i) to a licensed private investigator holding a valid agency license, with a legitimate
business need;
(ii) to an insurer, insurance support organization, or a self-insured entity, or its agents,
employees, or contractors that issues any motor vehicle insurance under Title 31A, Chapter 22,
Part 3, Motor Vehicle Insurance, for use in connection with claims investigation activities,
antifraud activities, rating, or underwriting for any person issued a license certificate under this
chapter; or
(iii) to a depository institution as defined in Section 
7-1-103
 for use in accordance with
the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. Chapter 123.
(2) (a) A person who receives personal identifying information shall be advised by the
division that the person may not:
(i) disclose the personal identifying information from that record to any other person;
or
(ii) use the personal identifying information from that record for advertising or
solicitation purposes.
(b) Any use of personal identifying information by an insurer or insurance support
organization, or by a self-insured entity or its agents, employees, or contractors not authorized
by Subsection (1)(c)(ii) is:
(i) an unfair marketing practice under Section 
31A-23a-402
; or
(ii) an unfair claim settlement practice under Subsection 
31A-26-303
(3).
(3) (a) Notwithstanding the provisions of Subsection (1)(b), the division or its designee
may disclose portions of a driving record, in accordance with this Subsection (3), to:
(i) an insurer as defined under Section 
31A-1-301
, or a designee of an insurer, for
purposes of assessing driving risk on the insurer's current motor vehicle insurance
policyholders;
(ii) an employer or a designee of an employer, for purposes of monitoring the driving
record and status of current employees who drive as a responsibility of the employee's
employment if the requester demonstrates that the requester has obtained the written consent of
the individual to whom the information pertains; and
(iii) an employer or the employer's agents to obtain or verify information relating to a
holder of a commercial driver license that is required under 49 U.S.C. Chapter 313.
(b) A disclosure under Subsection (3)(a)(i) shall:
(i) include the licensed driver's name, driver license number, date of birth, and an
indication of whether the driver has had a moving traffic violation that is a reportable violation,
as defined under Section 
53-3-102
 during the previous month;
(ii) be limited to the records of drivers who, at the time of the disclosure, are covered
under a motor vehicle insurance policy of the insurer; and
(iii) be made under a contract with the insurer or a designee of an insurer.
(c) A disclosure under Subsection (3)(a)(ii) or (iii) shall:
(i) include the licensed driver's name, driver license number, date of birth, and an
indication of whether the driver has had a moving traffic violation that is a reportable violation,
as defined under Section 
53-3-102
, during the previous month;
(ii) be limited to the records of a current employee of an employer;
(iii) be made under a contract with the employer or a designee of an employer; and
(iv) include an indication of whether the driver has had a change reflected in the
driver's:
(A) driving status;
(B) license class;
(C) medical self-certification status; or
(D) medical examiner's certificate under 49 C.F.R. Sec. 391.45.
(d) The contract under Subsection (3)(b)(iii) or (c)(iii) shall specify:
(i) the criteria for searching and compiling the driving records being requested;
(ii) the frequency of the disclosures;
(iii) the format of the disclosures, which may be in bulk electronic form; and
(iv) a reasonable charge for the driving record disclosures under this Subsection (3).
(4) The division may charge fees:
(a) in accordance with Section 
53-3-105
 for searching and compiling [
its
] 
the division's
files or furnishing a report on the driving record of a person;
(b) for each document prepared under the seal of the division and deliver upon request,
a certified copy of any record of the division, and charge a fee set in accordance with Section
63J-1-504
 for each document authenticated; and
(c) established in accordance with the procedures and requirements of Section
63J-1-504
 for disclosing personal identifying information under Subsection (1)(c).
(5) Each certified copy of a driving record furnished in accordance with this section is
admissible in any court proceeding in the same manner as the original.
(6) (a) A driving record furnished under this section may only report on the driving
record of a person for a period of 10 years.
(b) Subsection (6)(a) does not apply to court or law enforcement reports, reports of
commercial driver license violations, or reports for commercial driver license holders.
(7) An employer shall enter into a contract as described in Subsection (3)(c)(iii) to
monitor the driving record for each employee with a CDL issued by the division that is
required to have a CDL to perform all or part of the employee's duties of employment.
[
(7)
] 
(8)
 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the division may make rules to designate:
(a) what information shall be included in a report on the driving record of a person;
(b) the form of a report or copy of the report which may include electronic format;
(c) the form of a certified copy, as required under Section 
53-3-216
, which may include
electronic format;
(d) the form of a signature required under this chapter which may include electronic
format;
(e) the form of written request to the division required under this chapter which may
include electronic format;
(f) the procedures, requirements, and formats for disclosing personal identifying
information under Subsection (1)(c); and
(g) the procedures, requirements, and formats necessary for the implementation of
Subsection (3).
[
(8)
] 
(9)
 (a) It is a class B misdemeanor for a person to knowingly or intentionally
access, use, disclose, or disseminate a record created or maintained by the division or any
information contained in a record created or maintained by the division for a purpose
prohibited or not permitted by statute, rule, regulation, or policy of a governmental entity.
(b) A person who discovers or becomes aware of any unauthorized use of records
created or maintained by the division shall inform the commissioner and the division director
of the unauthorized use.
Section 2. Section 
53-3-415
 is amended to read:
53-3-415.
Limitations on employment of commercial motor vehicle drivers.
(1) An employer shall require each applicant for employment as a commercial motor
vehicle driver to provide the information required in Section 
53-3-416
 regarding the applicant's
employment history.
(2) An employer may not knowingly allow, permit, or authorize a driver to drive a
commercial motor vehicle during any period when the driver:
(a) has a CDL that is suspended, revoked, or canceled by any state;
(b) has lost the privilege to drive a commercial motor vehicle in a state;
(c) has been disqualified from driving a commercial motor vehicle;
(d) has more than one license;
(e) is subject to an out-of-service order; or
(f) is operating a commercial motor vehicle or employed by a motor carrier operation
that is subject to an out-of-service order.
(3) An employer may not knowingly allow, permit, require, or authorize a person to
violate a federal, state, or local law pertaining to railroad-highway grade crossings.
(4) An employer shall enter into a contract described in Subsection 
53-3-109
(3)(c)(iii)
to monitor the driving record for each employee with a CDL issued by the division that is
required to have a CDL to perform all or part of the employee's duties of employment.
[
(4)
] 
(5)
 (a) An employer who violates Subsection (2)(a), (b), or (c) during the period
the driver has been disqualified under Subsection 
53-3-414
(9) is subject to a civil penalty of
not more than $10,000.
(b) An employer who is convicted of violating Subsection (2)(e) or (f) is subject to a
civil penalty of not less than $2,750 nor more than $25,000.
(c) An employer who is convicted of violating Subsection (3) is subject to a civil
penalty of $10,000.