CHAPTER 170

FORMERLY


HOUSE BILL NO. 166

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 3, TITLE 21 OF THE DELAWARE CODE RELATING TO THE ACCESSIBILITY OF THE DRIVER AND VEHICLE RECORDS AS RETAINED BY THE DIVISION OF MOTOR VEHICLES.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of all members elected to each House thereof concurring therein):

Section 1. Amend Section 305, Chapter 3, Title 21 of the Delaware Code by striking subsections (a), (b) and (c) in their entirety and inserting in lieu thereof the following new subsections (a), (b) and (c):

"(a) All vehicle title, vehicle registration, driver license and

driver performance records, which are 3 years old or less in the offices of the Division of Motor Vehicles shall be made available to the following named persons or agencies:

(1) Governor; Lt. Governor; Members of the General Assembly; Secretary of Public Safety, Law Enforcement Officers; Members of the Judiciary; Probation Officers; Governmental Agencies when required for their official duties.

(1) Other non-governmental agencies, firms or persons which the Division determines has the right to know, for professional or business use only, information from such records through manual or telecommunication methods; other persons as approved by the Director; persons requesting their own records.

(b) Persons other than those named in subsection (a) of this section shall personally appear and present evidence of identification satisfactory to the Division and shall state the purpose for which the information is being sought. Such information shall not be available by telephone or
methods of request other than by personal appearance unless approved by the Director or his designee. The official or agent of the Division allowing the inspection of the record or copy of the record shall make a record of the inspection or copy showing the name and address of the person making the request, the agency which the requestor represents, the date of the inspection of the record, the information provided, and the purpose for which the information was sought. A request identifying any vehicle owner from the registration plate shall be specifically noted. This record shall be maintained by the Division for a period not to exceed six (6) months.

(c) A person may submit a request to the Division that his or her name and address contained in the driver or vehicle records of the Division be excluded from any lists compiled and sold or otherwise supplied by the Division for direct mail advertising purposes. This exclusion shall be
honored by the Division and shall remain in effect until the Division receives notice from the person to cancel the request or until the record is purged from the Division's files."

Section 2. Amend Section 305, Chapter 3, Title 21 of the Delaware Code by adding the following sentence at the end of subsection (d):

"Regardless of the provisions of subsection (a) of this section, law enforcement officers and judiciary may have access to those records which are over 3 years old and are being retained by the Division."

Section 3. Amend Section 305, Chapter 3, Title 21 of the Delaware Code by striking the words and symbols "(b) and (c)(1), (c)(2), (0(3), (c)(4) and (c)(6)" as they appear in subsection (e) and insert in lieu thereof the words and symbols "(a)(1)".

Section 4. Further amend Section 305, Chapter 3, Title 21 of the Delaware

Code by adding the following sentence at the end of subsection (9):

"If a notarized affidavit is requested in addition to the record being furnished, the fee for such notarized affidavit and record shall be $8."

Section 5. This Act shall become effective 90 days after its enactment into law.

Approved July 15, 1991.