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1 State of Arkansas A Bill
2 95th General Assembly
3 Regular Session, 2025 SENATE BILL 498
4
5 By: Senator J. Petty
6 By: Representative N. Burkes
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND THE LAW CONCERNING DISCLOSURE OF
10 DRIVER AND VEHICLE RECORDS; TO PROTECT DRIVER AND
11 VEHICLE RECORDS FROM PUBLIC DISCLOSURE; AND FOR OTHER
12 PURPOSES.
13
14
15 Subtitle
16 TO AMEND THE LAW CONCERNING DISCLOSURE
17 OF DRIVER AND VEHICLE RECORDS AND TO
18 PROTECT DRIVER AND VEHICLE RECORDS FROM
19 PUBLIC DISCLOSURE.
20
21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
22
23 SECTION 1. Arkansas Code � 27-14-412(a) and (b), concerning records of
24 the Office of Motor Vehicle, are amended to read as follows:
25 27-14-412. Records.
26 (a)(1)(A) All records of the Office of Motor Vehicle, other than those
27 declared by law to be confidential for the use of the Office of Motor
28 Vehicle, shall be open to public inspection during office hours The Secretary
29 of the Department of Finance and Administration and officers of the Office of
30 Motor Vehicle designated by the secretary may prepare under the seal of the
31 office a:
32 (i) Certified copy of a motor vehicle registration
33 record maintained by the office; or
34 (ii) Noncertified electronic copy of a motor vehicle
35 registration record maintained by the Office of Motor Vehicle
36 (B) A copy of a motor vehicle registration record under
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1 subdivision (a)(1)(A) of this section may be delivered to:
2 (i) The person who is a registered owner of the
3 motor vehicle;
4 (ii) A person who has been authorized in writing by
5 the registered owner of the motor vehicle to obtain the motor vehicle
6 registration record;
7 (iii) A federal, state, or local court for use in
8 connection with a civil, criminal, administrative, or arbitral proceeding,
9 including without limitation use:
10 (a) In connection with the service of process;
11 (b) In connection with the execution or
12 enforcement of a judgment or order; or
13 (c) Pursuant to an order of a federal, state,
14 or local court;
15 (iv) A duly licensed attorney at law in response to
16 a subpoena properly issued in a federal, state, or local court action; or
17 (v) A government agency or law enforcement agency
18 for use in carrying out its function.
19 (2) The use of lists or other aggregations of compilations of
20 motor vehicle registration information is restricted to safety recall
21 notification programs involving motor vehicles and motor vehicle equipment,
22 other federal and state agency programs, research and statistics involving
23 motor vehicles in which individual identities are not published, disclosed,
24 or for any other purpose authorized by the Driver's Privacy Protection Act of
25 1994, 18 U.S.C. � 2721 et seq., as it existed on January 1, 2015 2025.
26 (3) Motor vehicle registration information shall not be sold,
27 furnished, or used for solicitation purposes.
28 (b)(1) The Secretary of the Department of Finance and Administration
29 and such officers of the Office of Motor Vehicle as the secretary may
30 designate are authorized to prepare under the seal of the Office of Motor
31 Vehicle and deliver upon request a certified copy of any record of the Office
32 of Motor Vehicle or a noncertified electronic copy of any record of the
33 Office of Motor Vehicle.
34 (2)(1) A fee of one dollar ($1.00) shall be charged for each
35 certified record authenticated.
36 (3)(2) Every certified copy shall be admissible in any
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1 proceeding in any court in like manner as the original.
2 (4)(A)(3)(A) A party requesting a noncertified electronic record
3 shall execute a written agreement with the Department of Finance and
4 Administration that includes the following provisions:
5 (i) An acknowledgment that the party requesting a
6 record shall comply with all state and federal limits on the use of those
7 records; and
8 (ii) An agreement that the party seeking to obtain
9 records shall hold harmless and indemnify the department for any money
10 damages, punitive damages, criminal fines, civil penalties, court costs, and
11 attorney's fees awarded to any person or entity by any state or federal court
12 or by the Arkansas State Claims Commission resulting from any disclosure by
13 the party of motor vehicle information that is contrary to state or federal
14 law.
15 (B) A fee of not less than twenty dollars and fifty cents
16 ($20.50) nor more than thirty dollars ($30.00) per one thousand (1,000)
17 records shall be charged for electronic records.
18
19 SECTION 2. Arkansas Code �� 27-19-406 and 27-19-407 are repealed.
20 27-19-406. Operating record to be furnished.
21 (a) The Office of Driver Services shall, upon request, furnish any
22 person a certified abstract of the operating record of any person subject to
23 the provisions of this chapter, which shall include enumeration of any motor
24 vehicle accidents in which the person has been involved and reference to any
25 convictions of the person for violation of the motor vehicle laws as reported
26 to the Office of Driver Services, and a record of any vehicles registered in
27 the name of the person.
28 (b) The Office of Driver Services shall collect for each abstract the
29 sum of fifty cents (50�) for each page.
30
31 27-19-407. Public inspection of records.
32 All records of the Office of Driver Services shall be open to public
33 inspection at any reasonable time.
34
35 SECTION 3. Arkansas Code � 27-50-906 is amended to read as follows:
36 27-50-906. Furnishing of abstracts -- Definition Definitions.
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1 (a) As used in this section:
2 (1) "Abstract" means a report of the driver's personal
3 information and the driving status and history of a driver generated from the
4 driver record maintained by the Office of Driver Services, including without
5 limitation documents provided to the office by any federal, state, or local
6 court, law enforcement agency, or government agency;
7 (2) "Driver confirmation record" means information in the office
8 concerning the name, date of birth, and current address of the licensed
9 driver; and
10 (3) "Personal information" means information that identifies an
11 individual, including without limitation an individual's social security
12 number, driver identification number, name, address, and telephone number.
13 (a)(1)(b)(1) The Office of Driver Services may furnish an abstract or
14 driver confirmation record of any driver's record to:
15 (A) The driver on whom the record has been compiled;
16 (B) Any A person who has been authorized in writing by the
17 driver to obtain the driver's record;
18 (C) Any court having jurisdiction over traffic offenses A
19 federal, state, or local court for use in connection with a civil, criminal,
20 administrative, or arbitral proceeding, including without limitation use:
21 (i) In connection with the service of process;
22 (ii) In connection with the execution or enforcement
23 of a judgment or order; or
24 (iii) Pursuant to an order of a federal, state, or
25 local court;
26 (D) Any law enforcement officer, who shall use the report
27 only in the line of duty in enforcing the traffic laws of this state A duly
28 licensed attorney at law in response to a subpoena properly issued in a
29 federal, state, or local court action;
30 (E) Employers of drivers, provided that the driver has
31 given his or her written consent for the employer to obtain the driver's
32 record;
33 (F) Any An insurer licensed to do business in Arkansas or
34 its agents, employees, or contractors in connection with the driving record
35 or driver confirmation record of an insured or applicant and all licensed
36 drivers in the household of the insured or applicant; and
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1 (G) A governmental department or agency upon a showing of
2 reasonable cause as to why the driver's record should be issued to the
3 governmental department or agency in order for the governmental department or
4 agency to effectively carry out its statutory duties A governmental agency or
5 law enforcement agency for use in carrying out its functions.
6 (2)(A) A driver's license status report shall be available to
7 rental car companies who otherwise meet the requirements of this section for
8 receiving an abstract of a driver's record upon the payment of one dollar
9 ($1.00) for each license number checked. This fee shall be deposited to the
10 State Treasury into the State Central Services Fund as a direct revenue to be
11 used by the Revenue Division of the Department of Finance and Administration.
12 (B) The Information Network of Arkansas may charge an
13 additional fee under the Information Network of Arkansas Act, � 25-27-101 et
14 seq., for the service of transmitting this information electronically.
15 (b) For purposes of this section, "driver confirmation record" means
16 information in the Office of Driver Services concerning the name, date of
17 birth, and current address of the licensed driver.
18 (c)(1)(A) The fee for an insured's or applicant's driver confirmation
19 record shall be ten cents (10�) per record.
20 (B) This fee shall be deposited into the fund as a direct
21 revenue to be used by the division.
22 (2) The network may charge an additional fee under the
23 Information Network of Arkansas Act, � 25-27-101 et seq., for the service of
24 transmitting this information electronically.
25 (d) A recipient of an abstract or driver confirmation record under
26 this section may redisclose the information only for a use permitted under
27 this section.
28 (e) The Secretary of the Department of Finance and Administration may
29 promulgate rules and prescribe forms to implement this section.
30
31 SECTION 4. Arkansas Code � 27-50-907 is amended to read as follows:
32 27-50-907. Availability of recorded information.
33 (a) All information concerning a driver's record shall be made
34 available to the driver or his or her legal representative.
35 (b)(1) Information such as medical reports or other personal
36 information shall not be a part of any written report the Office of Driver
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1 Services may provide, nor shall the Office of Driver Services allow any
2 person to copy or reproduce such records.
3 (2) Information in the central drivers' records file concerning
4 the name, age, and current address of all drivers over the age of sixteen
5 (16) years and under the age of twenty-six (26) years shall be made available
6 to the Arkansas military recruiting coordinators for any of the United States
7 Armed Forces for distribution to their branch offices. The information shall
8 be available upon request of the military recruiting coordinators and may be
9 requested and updated up to two (2) times during any calendar year.
10 (c)(1) No The office may provide a digital driver's license photograph
11 shall be disclosed to any individual or organization, except upon the written
12 request for disclosure to a named individual or to a party by the person
13 whose photograph is on the driver's license:
14 (A)(i) To an individual or organization upon the written
15 request for disclosure by the person whose photograph is on the driver's
16 license.
17 (ii) A written request under subdivision
18 (c)(1)(A)(i) of this section shall name the individual or organization to
19 whom the digital driver's license photograph shall be provided;
20 (B) When disclosure of the digital driver's license
21 photograph is compelled by a court order or valid subpoena issued by a
22 federal, state or local court; or
23 (C) Upon the request of a federal, state, or local law
24 enforcement agency for use in carrying out its functions.
25 (2) A fee of five dollars ($5.00) shall be charged for each
26 digital driver's license photograph provided by the Office of Driver Services
27 office under subdivision (c)(1)(A) of this section.
28 (d) The Secretary of the Department of Finance and Administration may
29 promulgate rules and prescribe forms to implement this section.
30
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6 03/18/2025 9:13:56 AM MBM088Every fact on this page links to its source, starting with the official bill record.