H.B. 15

1

DRIVER LICENSE PRIVILEGE SUSPENSION
2 FOR FAILURE TO PAY CHILD SUPPORT
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Julie Fisher
6 Senate Sponsor: Carlene M. Walker
7
8 LONG TITLE
9 General Description:
10 This bill amends the Utah Human Services Code and the Public Safety Code to
11 establish a procedure for the Office of Recovery Services to order an administrative
12 suspension of a person's driving privileges when the person is in arrears on a child
13 support obligation.
14 Highlighted Provisions:
15 This bill:
16 . defines terms;
17 . establishes a procedure for the Office of Recovery Services, within the Department
18 of Human Services, to order, and the Driver License Division, within the
19 Department of Public Safety, to recognize and impose, a suspension of a person's
20 driving privileges when the person is at least 60 days in arrears on a child support
21 obligation;
22 . requires that the Driver License Division, upon application, issue a temporary
23 limited driver license to a person whose driver license is suspended under this bill if
24 the person needs a driver license for employment, education, or child visitation;
25 . provides that a suspension imposed under this bill will remain in effect until the
26 Office of Recovery Services rescinds the order of suspension;
27 . provides that the suspension of a person's driving privileges under this bill will not

28 be included in the person's driving record after the order of suspension is rescinded;
29 . requires the Driver License Division to disclose to the Office of Recovery Services
30 the name and identifying information of each person to whom a license has been
31 issued or whose driving privileges have been suspended, revoked, or reinstated;
32 . provides that the information received by the Office of Recovery Services under the
33 preceding paragraph is subject to the Government Records Access and Management
34 Act;
35 . describes the circumstances under which an order to suspend a person's driving
36 privileges may not be made, or under which an order to suspend a person's driving
37 privileges will be rescinded;
38 . provides that, if the office seeks a driver license suspension of a person who is not
39 delinquent, the office shall refund any noncustodial parent income withholding fee
40 that was collected during the alleged delinquency, unless the person is otherwise in
41 arrears on a child support obligation;
42 . grants rulemaking authority to the Office of Recovery Services;
43 . requires the Office of Recovery Services to provide notice of an order, or the
44 rescinding of an order, suspending a person's driving privileges, to the person to
45 whom the suspension applies and to the Driver License Division;
46 . describes the contents of the notice described in the preceding paragraph; and
47 . makes technical changes.
48 Monies Appropriated in this Bill:
49 None
50 Other Special Clauses:
51 This bill takes effect on January 1, 2008.
52 Utah Code Sections Affected:
53 AMENDS:
54 31A-19a-211, as renumbered and amended by Chapter 130, Laws of Utah 1999
55 41-6a-403, as renumbered and amended by Chapter 2, Laws of Utah 2005
56 53-3-102, as last amended by Chapters 90, 161, 335 and 357, Laws of Utah 2004
57 53-3-221, as last amended by Chapter 197, Laws of Utah 2005
58 ENACTS:

59 53-3-221.5, Utah Code Annotated 1953
60 62A-11-601, Utah Code Annotated 1953
61 62A-11-602, Utah Code Annotated 1953
62 62A-11-603, Utah Code Annotated 1953
63 62A-11-604, Utah Code Annotated 1953
64
65 Be it enacted by the Legislature of the state of Utah:
66 Section 1. Section 31A-19a-211 is amended to read:
67 31A-19a-211. Premium rate reduction for seniors -- Motor vehicle accident
68 prevention course -- Curriculum -- Certificate -- Exception.
69 (1) (a) Each rate, rating schedule, and rating manual for the liability, personal injury
70 protection, and collision coverages of private passenger motor vehicle insurance policies
71 submitted to or filed with the commissioner shall provide for an appropriate reduction in
72 premium charges for those coverages if the principal operator of the covered vehicle:
73 (i) is a named insured who is 55 years of age or older; and
74 (ii) has successfully completed a motor vehicle accident prevention course as outlined
75 in Subsection (2).
76 (b) Any premium reduction provided by an insurer under this section is presumed to be
77 appropriate unless credible data demonstrates otherwise.
78 (2) (a) The curriculum for a motor vehicle accident prevention course under this
79 section shall include:
80 (i) how impairment of visual and audio perception affects driving performance and
81 how to compensate for that impairment;
82 (ii) the effects of fatigue, medications, and alcohol on driving performance, when
83 experienced alone or in combination, and precautionary measures to prevent or offset ill
84 effects;
85 (iii) updates on rules of the road and equipment, including safety belts and safe,
86 efficient driving techniques under present day road and traffic conditions;
87 (iv) how to plan travel time and select routes for safety and efficiency; and
88 (v) how to make crucial decisions in dangerous, hazardous, and unforeseen situations.
89 (b) (i) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,

90 the Department of Public Safety may make rules to establish and clarify standards pertaining to
91 the curriculum and teaching methods of a course under this section.
92 (ii) These rules may include provisions allowing the department to conduct on-site
93 visits to ensure compliance with agency rules and this chapter.
94 (iii) These rules shall be specific as to time and manner of visits and provide for
95 methods to prohibit or remedy forcible visits.
96 (3) (a) The premium reduction required by this section shall be effective for a named
97 insured for a three-year period after successful completion of the course outlined in Subsection
98 (2).
99 (b) The insurer may require, as a condition of maintaining the premium reduction, that
100 the named insured not be convicted or plead guilty or nolo contendere to a moving traffic
101 violation for which points may be assessed against the named insured's driver license except
102 for a violation under Subsection 53-3-221 [(11)] (12).
103 (4) Each person who successfully completes the course outlined in Subsection (2) shall
104 be issued a certificate by the organization offering the course. The certificate qualifies the
105 person for the premium reduction required by this section.
106 (5) This section does not apply if the approved course outlined in Subsection (2) is
107 attended as a penalty imposed by a court or other governmental entity for a moving traffic
108 violation.
109 Section 2. Section 41-6a-403 is amended to read:
110 41-6a-403. Vehicle accidents -- Investigation and report of operator security --
111 Agency action if no security -- Surrender of plates -- Penalties.
112 (1) (a) Upon request of a peace officer investigating an accident involving a motor
113 vehicle, the operator of the motor vehicle shall provide evidence of the owner's or operator's
114 security required under Section 41-12a-301 .
115 (b) The evidence of owner's or operator's security includes information specified under
116 Section 41-12a-303.2 .
117 (2) The peace officer shall record on a form approved by the department:
118 (a) the information provided by the operator;
119 (b) whether the operator provided insufficient or no information;
120 (c) whether the officer finds reasonable cause to believe that any information given is

121 not correct; and
122 (d) whether other information available to the peace officer indicates that owner's or
123 operator's security is in effect.
124 (3) The peace officer shall deposit all completed forms with the peace officer's law
125 enforcement agency, which shall forward the forms to the department no later than ten days
126 after receipt.
127 (4) (a) The department shall within ten days of receipt of the forms from the law
128 enforcement agency take action as follows:
129 (i) if the operator provided no information under Subsection (1) and other information
130 available to the peace officer does not indicate that owner's or operator's security is in effect,
131 the department shall take direct action under Subsection 53-3-221 [(12)] (13); or
132 (ii) if the peace officer noted or the department determines that there is reasonable
133 cause to believe that the information given under Subsection (1) is not correct, the department
134 shall contact directly the insurance company or other provider of security as described in
135 Section 41-12a-303.2 and request verification of the accuracy of the information submitted as
136 of the date of the accident.
137 (b) The department may require the verification under Subsection (4)(a)(ii) to be in a
138 form specified by the department.
139 (c) The insurance company or other provider of security shall return the verification to
140 the department within 30 days of receipt of the request.
141 (d) If the department does not receive verification within 35 days after sending the
142 request, or within the 35 days receives notice that the information was not correct, the
143 department shall take action under Subsection 53-3-221 [(12)] (13).
144 (5) (a) The owner of a vehicle with unexpired license plates for which security is not
145 provided as required under this chapter shall return the plates for the vehicle to the Motor
146 Vehicle Division unless specifically permitted by statute to retain them.
147 (b) If the owner fails to return the plates as required, the plates shall be confiscated
148 under Section 53-3-226 .
149 (6) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
150 department may make rules for the enforcement of this section.
151 (7) A person is guilty of a class B misdemeanor, and shall be fined not less than $100,

152 who:
153 (a) when requested to provide security information under Subsection (1), or Section
154 41-12a-303.2 , provides false information;
155 (b) falsely represents to the department that security required under this chapter is in
156 effect; or
157 (c) sells a vehicle to avoid the penalties of this section as applicable either to himself or
158 a third party.
159 Section 3. Section 53-3-102 is amended to read:
160 53-3-102. Definitions.
161 As used in this chapter:
162 (1) "Cancellation" means the termination by the division of a license issued through
163 error or fraud or for which consent under Section 53-3-211 has been withdrawn.
164 (2) "Class D license" means the class of license issued to drive motor vehicles not
165 defined as commercial motor vehicles or motorcycles under this chapter.
166 (3) "Class M license" means the class of license issued to drive a motorcycle as defined
167 under this chapter.
168 (4) "Commercial driver license" or "CDL" means a license issued substantially in
169 accordance with the requirements of Title XII, Pub. L. 99-570, the Commercial Motor Vehicle
170 Safety Act of 1986, and in accordance with Part 4, Uniform Commercial Driver License Act,
171 which authorizes the holder to drive a class of commercial motor vehicle.
172 (5) (a) "Commercial motor vehicle" means a motor vehicle or combination of motor
173 vehicles designed or used to transport passengers or property if the motor vehicle:
174 (i) has a gross vehicle weight rating of 26,001 or more pounds or a lesser rating as
175 determined by federal regulation;
176 (ii) is designed to transport 16 or more passengers, including the driver; or
177 (iii) is transporting hazardous materials and is required to be placarded in accordance
178 with 49 C.F.R. Part 172, Subpart F.
179 (b) The following vehicles are not considered a commercial motor vehicle for purposes
180 of Part 4, Uniform Commercial Driver License Act:
181 (i) equipment owned and operated by the United States Department of Defense when
182 driven by any active duty military personnel and members of the reserves and national guard on

183 active duty including personnel on full-time national guard duty, personnel on part-time
184 training, and national guard military technicians and civilians who are required to wear military
185 uniforms and are subject to the code of military justice;
186 (ii) vehicles controlled and driven by a farmer to transport agricultural products, farm
187 machinery, or farm supplies to or from a farm within 150 miles of his farm but not in operation
188 as a motor carrier for hire;
189 (iii) firefighting and emergency vehicles; and
190 (iv) recreational vehicles that are not used in commerce and are driven solely as family
191 or personal conveyances for recreational purposes.
192 (6) "Conviction" means any of the following:
193 (a) an unvacated adjudication of guilt or a determination that a person has violated or
194 failed to comply with the law in a court of original jurisdiction or an administrative proceeding;
195 (b) an unvacated forfeiture of bail or collateral deposited to secure a person's
196 appearance in court;
197 (c) a plea of guilty or nolo contendere accepted by the court;
198 (d) the payment of a fine or court costs; or
199 (e) violation of a condition of release without bail, regardless of whether the penalty is
200 rebated, suspended, or probated.
201 (7) "Denial" or "denied" means the withdrawal of a driving privilege by the division to
202 which the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or Operator's Security,
203 do not apply.
204 (8) "Director" means the division director appointed under Section 53-3-103 .
205 (9) "Disqualification" means either:
206 (a) the suspension, revocation, cancellation, denial, or any other withdrawal by a state
207 of a person's privileges to drive a commercial motor vehicle;
208 (b) a determination by the Federal Highway Administration, under 49 C.F.R. Part 386,
209 that a person is no longer qualified to drive a commercial motor vehicle under 49 C.F.R. Part
210 391; or
211 (c) the loss of qualification that automatically follows conviction of an offense listed in
212 49 C.F.R. Part 383.51.
213 (10) "Division" means the Driver License Division of the department created in

214 Section 53-3-103 .
215 (11) "Drive" means:
216 (a) to operate or be in physical control of a motor vehicle upon a highway; and
217 (b) in Subsections 53-3-414 (1) through (3), Subsection 53-3-414 (5), and Sections
218 53-3-417 and 53-3-418 , the operation or physical control of a motor vehicle at any place within
219 the state.
220 (12) (a) "Driver" means any person who drives, or is in actual physical control of a
221 motor vehicle in any location open to the general public for purposes of vehicular traffic.
222 (b) In Part 4, Uniform Commercial Driver License Act, "driver" includes any person
223 who is required to hold a CDL under Part 4 or federal law.
224 (13) "Extension" means a renewal completed in a manner specified by the division.
225 (14) "Farm tractor" means every motor vehicle designed and used primarily as a farm
226 implement for drawing plows, mowing machines, and other implements of husbandry.
227 (15) "Highway" means the entire width between property lines of every way or place of
228 any nature when any part of it is open to the use of the public, as a matter of right, for traffic.
229 (16) "License" means the privilege to drive a motor vehicle.
230 (17) "License certificate" means the evidence of the privilege issued under this chapter
231 to drive a motor vehicle.
232 (18) "Motorboat" has the same meaning as provided under Section 73-18-2 .
233 (19) "Motorcycle" means every motor vehicle, other than a tractor, having a seat or
234 saddle for the use of the rider and designed to travel with not more than three wheels in contact
235 with the ground.
236 (20) "Office of Recovery Services" means the Office of Recovery Services, created in
237 Section 62A-11-102 .
238 [(20)] (21) (a) "Owner" means a person other than a lienholder having an interest in the
239 property or title to a vehicle.
240 (b) "Owner" includes a person entitled to the use and possession of a vehicle subject to
241 a security interest in another person but excludes a lessee under a lease not intended as security.
242 [(21)] (22) "Renewal" means to validate a license certificate so that it expires at a later
243 date.
244 [(22)] (23) "Reportable violation" means an offense required to be reported to the

245 division as determined by the division and includes those offenses against which points are
246 assessed under Section 53-3-221 .
247 [(23)] (24) (a) "Resident" means an individual who:
248 (i) has established a domicile in this state, as defined in Section 41-1a-202 , or
249 regardless of domicile, remains in this state for an aggregate period of six months or more
250 during any calendar year;
251 (ii) engages in a trade, profession, or occupation in this state, or who accepts
252 employment in other than seasonal work in this state, and who does not commute into the state;
253 (iii) declares himself to be a resident of this state by obtaining a valid Utah driver
254 license certificate or motor vehicle registration; or
255 (iv) declares himself a resident of this state to obtain privileges not ordinarily extended
256 to nonresidents, including going to school, or placing children in school without paying
257 nonresident tuition or fees.
258 (b) "Resident" does not include any of the following:
259 (i) a member of the military, temporarily stationed in this state;
260 (ii) an out-of-state student, as classified by an institution of higher education,
261 regardless of whether the student engages in any type of employment in this state;
262 (iii) a person domiciled in another state or country, who is temporarily assigned in this
263 state, assigned by or representing an employer, religious or private organization, or a
264 governmental entity; or
265 (iv) an immediate family member who resides with or a household member of a person
266 listed in Subsections [(23)] (24)(b)(i) through (iii).
267 [(24)] (25) "Revocation" means the termination by action of the division of a licensee's
268 privilege to drive a motor vehicle.
269 [(25)] (26) (a) "School bus" means a commercial motor vehicle used to transport
270 pre-primary, primary, or secondary school students to and from home and school, or to and
271 from school sponsored events.
272 (b) "School bus" does not include a bus used as a common carrier as defined in Section
273 59-12-102 .
274 [(26)] (27) "Suspension" means the temporary withdrawal by action of the division of a
275 licensee's privilege to drive a motor vehicle.

276 [(27)] (28) "Taxicab" means any class D motor vehicle transporting any number of
277 passengers for hire and that is subject to state or federal regulation as a taxi.
278 Section 4. Section 53-3-221 is amended to read:
279 53-3-221. Offenses which may result in denial, suspension, disqualification, or
280 revocation of license without hearing -- Additional grounds for suspension -- Point system
281 for traffic violations -- Notice and hearing -- Reporting of traffic violation procedures.
282 (1) By following the emergency procedures in Title 63, Chapter 46b, Administrative
283 Procedures Act, the division may immediately deny, suspend, disqualify, or revoke the license
284 of any person without hearing and without receiving a record of the person's conviction of
285 crime when the division has been notified or has reason to believe the person:
286 (a) has committed any offenses for which mandatory suspension or revocation of a
287 license is required upon conviction under Section 53-3-220 ;
288 (b) has, by reckless or unlawful driving of a motor vehicle, caused or contributed to an
289 accident resulting in death or injury to any other person, or serious property damage;
290 (c) is incompetent to drive a motor vehicle or is afflicted with mental or physical
291 infirmities or disabilities rendering it unsafe for the person to drive a motor vehicle upon the
292 highways;
293 (d) has committed a serious violation of the motor vehicle laws of this state;
294 (e) has knowingly acquired, used, displayed, or transferred an item that purports to be
295 an authentic driver license certificate issued by a governmental entity if the item is not an
296 authentic driver license certificate or has permitted an unlawful use of the license as prohibited
297 under Section 53-3-229 ; or
298 (f) has been convicted of serious offenses against traffic laws governing the movement
299 of motor vehicles with a frequency that indicates a disrespect for traffic laws and a disregard
300 for the safety of other persons on the highways.
301 (2) (a) The division may suspend the license of a person under Subsection (1) when the
302 person has failed to comply with the terms stated on a traffic citation issued in this state, except
303 this Subsection (2) does not apply to highway weight limit violations or violations of law
304 governing the transportation of hazardous materials.
305 (b) This Subsection (2) applies to parking and standing violations only if a court has
306 issued a warrant for the arrest of a person for failure to post bail, appear, or otherwise satisfy

307 the terms of the citation.
308 (c) (i) This Subsection (2) may not be exercised unless notice of the pending
309 suspension of the driving privilege has been sent at least ten days previously to the person at
310 the address provided to the division.
311 (ii) After clearance by the division, a report authorized by Section 53-3-104 may not
312 contain any evidence of a suspension that occurred as a result of failure to comply with the
313 terms stated on a traffic citation.
314 (3) (a) The division may suspend the license of a person under Subsection (1) when the
315 division has been notified by a court that the person has an outstanding unpaid fine, an
316 outstanding incomplete restitution requirement, or an outstanding warrant levied by order of a
317 court.
318 (b) The suspension remains in effect until the division is notified by the court that the
319 order has been satisfied.
320 (c) After clearance by the division, a report authorized by Section 53-3-104 may not
321 contain any evidence of the suspension.
322 (4) The division shall make rules establishing a point system as provided for in this
323 Subsection (4).
324 (a) (i) The division shall assign a number of points to each type of moving traffic
325 violation as a measure of its seriousness.
326 (ii) The points shall be based upon actual relationships between types of traffic
327 violations and motor vehicle traffic accidents.
328 (b) Every person convicted of a traffic violation shall have assessed against his driving
329 record the number of points that the division has assigned to the type of violation of which the
330 person has been convicted, except that the number of points assessed shall be decreased by
331 10% if on the abstract of the court record of the conviction the court has graded the severity of
332 violation as minimum, and shall be increased by 10% if on the abstract the court has graded the
333 severity of violation as maximum.
334 (c) (i) A separate procedure for assessing points for speeding offenses shall be
335 established by the division based upon the severity of the offense.
336 (ii) The severity of a speeding violation shall be graded as:
337 (A) "minimum" for exceeding the posted speed limit by up to ten miles per hour;

338 (B) "intermediate" for exceeding the posted speed limit by from 11 to 20 miles per
339 hour; and
340 (C) "maximum" for exceeding the posted speed limit by 21 or more miles per hour.
341 (iii) Consideration shall be made for assessment of no points on minimum speeding
342 violations, except for speeding violations in school zones.
343 (d) (i) Points assessed against a person's driving record shall be deleted for violations
344 occurring before a time limit set by the division.
345 (ii) The time limit may not exceed three years.
346 (iii) The division may also delete points to reward violation-free driving for periods of
347 time set by the division.
348 (e) (i) By publication in two newspapers having general circulation throughout the
349 state, the division shall give notice of the number of points it has assigned to each type of
350 traffic violation, the time limit set by the division for the deletion of points, and the point level
351 at which the division will generally take action to deny or suspend under this section.
352 (ii) The division may not change any of the information provided above regarding
353 points without first giving new notice in the same manner.
354 (5) (a) (i) Upon denying or suspending the license of a person under this section, the
355 division shall immediately notify the licensee in a manner specified by the division and afford
356 him an opportunity for a hearing in the county where the licensee resides.
357 (ii) The hearing shall be documented, and the division or its authorized agent may
358 administer oaths, may issue subpoenas for the attendance of witnesses and the production of
359 relevant books and papers, and may require a reexamination of the licensee.
360 (iii) One or more members of the division may conduct the hearing, and any decision
361 made after a hearing before any number of the members of the division is as valid as if made
362 after a hearing before the full membership of the division.
363 (iv) After the hearing the division shall either rescind its order of denial or suspension,
364 extend the denial or suspension of the license, or revoke the license.
365 (b) The denial or suspension of the license remains in effect pending qualifications
366 determined by the division regarding a person:
367 (i) whose license has been denied or suspended following reexamination;
368 (ii) who is incompetent to drive a motor vehicle;

369 (iii) who is afflicted with mental or physical infirmities that might make him dangerous
370 on the highways; or
371 (iv) who may not have the necessary knowledge or skill to drive a motor vehicle safely.
372 (6) (a) Subject to Subsection (6)(d), the division shall suspend a person's license when
373 the division receives notice from the Office of Recovery Services that the Office of Recovery
374 Services has ordered the suspension of the person's license.
375 (b) A suspension under Subsection (6)(a) shall remain in effect until the division
376 receives notice from the Office of Recovery Services that the Office of Recovery Services has
377 rescinded the order of suspension.
378 (c) After an order of suspension is rescinded under Subsection (6)(b), a report
379 authorized by Section 53-3-104 may not contain any evidence of the suspension.
380 (d) (i) If the division suspends a person's license under this Subsection (6), the division
381 shall, upon application, issue a temporary limited driver license to the person if that person
382 needs a driver license for employment, education, or child visitation.
383