H.B. 190 Enrolled
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7 LONG TITLE
8 General Description:
9 This bill addresses use of breathalyzers.
10 Highlighted Provisions:
11 This bill:
12 . defines terms; and
13 . addresses installation or provision of breathalyzers.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 ENACTS:
20 32B-5-311 , Utah Code Annotated 1953
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22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 32B-5-311 is enacted to read:
24 32B-5-311. Use of breathalyzers.
25 (1) As used in this section:
26 (a) "Breathalyzer" means:
27 (i) a device that uses electromechanical fuel cell sensor technology in the blood alcohol
28 content testing process; or
29 (ii) a single-use, disposable alcohol breath tester that is cleared with the United States
30 Food and Drug Administration as a Class 1 medical device with at least 99.8% accuracy and
31 having a detection cut-off of 0.08 relative percent blood alcohol concentration.
32 (b) "Calibration" means the manual setting of specific levels on a breathalyzer by a
33 person trained to reset the device to ensure as accurate results as possible.
34 (c) (i) "Financial transaction card" means a card, code, or other means of access to a
35 person's account issued to a person that allows the person to obtain, purchase, or receive goods,
36 services, money, or anything else of value.
37 (ii) "Financial transaction card" includes:
38 (A) a credit card;
39 (B) a credit plate;
40 (C) a bank services card;
41 (D) a banking card;
42 (E) a check guarantee card;
43 (F) a debit card;
44 (G) a telephone credit card; or
45 (H) a device for access as defined in Section 7-16a-102 .
46 (2) If a retail licensee voluntarily installs, or sells or otherwise provides, a breathalyzer
47 on its premises:
48 (a) the breathalyzer may not store financial transaction card data or associate
49 breathalyzer results with financial transaction card data;
50 (b) for a breathalyzer described in Subsection (1)(a)(i):
51 (i) the breathalyzer shall collect data that can be downloaded by a third-party that
52 performs the calibration of the breathalyzer, except that the downloaded information may not
53 be used for any purpose other than calibration;
54 (ii) the retail licensee shall ensure that a breathalyzer installed inside of the licensed
55 premises is calibrated by a third-party the sooner of every:
56 (A) 30 days; or
57 (B) 300 uses;
58 (iii) the owner of the breathalyzer shall annually report to the department compliance
59 with the calibration requirements of this section for the breathalyzer; and
60 (iv) the breathalyzer may be able to be shut down remotely; and
61 (c) the retail licensee shall post in a conspicuous location by the breathalyzer:
62 (i) a notice to the user of the breathalyzer that the timing of when a breathalyzer test is
63 taken may affect the results of the breathalyzer test; and
64 (ii) a notice that states: "The National Transportation Safety Board has found that crash
65 risk is consistently and significantly elevated by the time an individual reaches a blood alcohol
66 content of 0.05."
67 (3) Data from a breathalyzer installed in the licensed premises of, or sold or otherwise
68 provided by, a retail licensee may not be used for enforcement purposes.
69 (4) If a retail licensee or owner of the breathalyzer violates this section, the department
70 may require the retail licensee to remove the installed breathalyzer described in Subsection
71 (1)(a)(i) or not sell or otherwise provide a breathalyzer described in Subsection (1)(a)(ii).
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