<catchline>Public Safety Code</catchline><chapter number="53-1"><catchline>Administration</catchline><part number="53-1-1"><catchline>Department Administration</catchline><section number="53-1-101"><histories><history>Enacted by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Title.</catchline><tab/>This title is known as the "Public Safety Code." </section><section number="53-1-102"><histories><history>Amended by Chapter <modchap sess="2026GS">49</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Definitions.</catchline><subsection number="53-1-102(1)">As used in this title:<subsection number="53-1-102(1)(a)">"Capitol hill complex" means capitol hill, as defined in Section <xref depth="3" refnumber="63O-1-101">63O-1-101</xref>.</subsection><subsection number="53-1-102(1)(b)">"Commissioner" means the commissioner of public safety appointed under Section <xref depth="3" refnumber="53-1-107">53-1-107</xref>.</subsection><subsection number="53-1-102(1)(c)">"Department" means the Department of Public Safety created in Section <xref depth="3" refnumber="53-1-103">53-1-103</xref>.</subsection><subsection number="53-1-102(1)(d)">"Governor-elect" means an individual whom the board of canvassers determines to be the successful candidate for governor after a general election for the office of governor.</subsection><subsection number="53-1-102(1)(e)">"Institution of higher education" means the same as that term is defined in Section <xref depth="3" refnumber="53H-1-101">53H-1-101</xref>.</subsection><subsection number="53-1-102(1)(f)">"Law enforcement agency" means an entity or division of:<subsection number="53-1-102(1)(f)(i)"><subsection number="53-1-102(1)(f)(i)(A)">the federal government, a state, or a political subdivision of a state;</subsection><subsection number="53-1-102(1)(f)(i)(B)">an institution of higher education; or</subsection><subsection number="53-1-102(1)(f)(i)(C)">a private institution of higher education, if the entity or division is certified by the commissioner under Title <xref depth="1" refnumber="53-19">53, Chapter 19</xref>, Certification of Private Law Enforcement Agency; and</subsection></subsection><subsection number="53-1-102(1)(f)(ii)">that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances.</subsection></subsection><subsection number="53-1-102(1)(g)">"Law enforcement officer" means the same as that term is defined in Section <xref depth="3" refnumber="53-13-103">53-13-103</xref>.</subsection><subsection number="53-1-102(1)(h)">"Motor vehicle" means every self-propelled vehicle and every vehicle propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except motorized wheel chairs and vehicles moved solely by human power.</subsection><subsection number="53-1-102(1)(i)">"Peace officer" means any officer certified in accordance with Title <xref depth="1" refnumber="53-13">53, Chapter 13</xref>, Peace Officer Classifications.</subsection><subsection number="53-1-102(1)(j)">"Public official" means:<subsection number="53-1-102(1)(j)(i)">a member of the Legislature;</subsection><subsection number="53-1-102(1)(j)(ii)">an individual elected to a position in the executive branch of state government;</subsection><subsection number="53-1-102(1)(j)(iii)">an individual appointed to or employed in a position in the executive or legislative branch of state government, if that individual:<subsection number="53-1-102(1)(j)(iii)(A)">occupies a policymaking position;</subsection><subsection number="53-1-102(1)(j)(iii)(B)">makes purchasing or contracting decisions;</subsection><subsection number="53-1-102(1)(j)(iii)(C)">drafts legislation or makes rules;</subsection><subsection number="53-1-102(1)(j)(iii)(D)">determines rates or fees; or</subsection><subsection number="53-1-102(1)(j)(iii)(E)">makes adjudicative decisions;</subsection></subsection><subsection number="53-1-102(1)(j)(iv)">an elected member of a local government, as defined in Section <xref depth="3" refnumber="36-11-102">36-11-102</xref>;</subsection><subsection number="53-1-102(1)(j)(v)">an individual appointed to or employed in a position in a local government, as defined in Section <xref depth="3" refnumber="36-11-102">36-11-102</xref>, if that individual:<subsection number="53-1-102(1)(j)(v)(A)">occupies a policymaking position;</subsection><subsection number="53-1-102(1)(j)(v)(B)">makes purchasing or contracting decisions;</subsection><subsection number="53-1-102(1)(j)(v)(C)">drafts ordinances or resolutions, or drafts or makes rules;</subsection><subsection number="53-1-102(1)(j)(v)(D)">determines rates or fees; or</subsection><subsection number="53-1-102(1)(j)(v)(E)">makes adjudicative decisions;</subsection></subsection><subsection number="53-1-102(1)(j)(vi)">a member of a board of education, as defined in Section <xref depth="3" refnumber="36-11-102">36-11-102</xref>;</subsection><subsection number="53-1-102(1)(j)(vii)">an individual appointed to or employed in a position under a board of education, as defined in Section <xref depth="3" refnumber="36-11-102">36-11-102</xref>, if that individual:<subsection number="53-1-102(1)(j)(vii)(A)">occupies a policymaking position;</subsection><subsection number="53-1-102(1)(j)(vii)(B)">makes purchasing or contracting decisions;</subsection><subsection number="53-1-102(1)(j)(vii)(C)">drafts resolutions or policies, or drafts or makes rules;</subsection><subsection number="53-1-102(1)(j)(vii)(D)">determines rates or fees;</subsection><subsection number="53-1-102(1)(j)(vii)(E)">makes decisions relating to an education budget or the expenditure of public money; or</subsection><subsection number="53-1-102(1)(j)(vii)(F)">makes adjudicative decisions; or</subsection></subsection><subsection number="53-1-102(1)(j)(viii)">an immediate family member of an individual described in Subsections <xref depth="4" refnumber="53-1-102(1)(i)(i)">(1)(i)(i)</xref> through <xref depth="4" refnumber="53-1-102(vii)">(vii)</xref>.</subsection></subsection><subsection number="53-1-102(1)(k)">"Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.</subsection></subsection><subsection number="53-1-102(2)">The definitions provided in Subsection <xref depth="4" refnumber="53-1-102(1)">(1)</xref> are to be applied throughout this title in addition to definitions that are applicable to specific chapters or parts.</subsection></section><section number="53-1-103"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Creation of department.</catchline><subsection number="53-1-103(1)"> There is created within state government the Department of Public Safety.</subsection><subsection number="53-1-103(2)"> The department has all of the policymaking functions, regulatory and enforcement powers, rights, duties, and responsibilities specified in this title.</subsection></section><section number="53-1-104"><enddate type="SC">9/1/2026</enddate><histories><history>Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Boards, bureaus, councils, divisions, and offices.</catchline><subsection number="53-1-104(1)">The following are the policymaking boards and committees within the department:<subsection number="53-1-104(1)(a)">the Trauma System and Emergency Medical Services Committee created in Section <xref depth="3" refnumber="53-2d-104">53-2d-104</xref>;</subsection><subsection number="53-1-104(1)(b)">the Air Ambulance Committee created in Section <xref depth="3" refnumber="53-2d-107">53-2d-107</xref>;</subsection><subsection number="53-1-104(1)(c)">the Driver License Medical Advisory Board, created in Section <xref depth="3" refnumber="53-3-303">53-3-303</xref>;</subsection><subsection number="53-1-104(1)(d)">the Concealed Firearm Review Board, created in Section <xref depth="3" refnumber="53-5a-302">53-5a-302</xref>;</subsection><subsection number="53-1-104(1)(e)">the Utah Fire Prevention Board, created in Section <xref depth="3" refnumber="53-7-203">53-7-203</xref>;</subsection><subsection number="53-1-104(1)(f)">the Liquified Petroleum Gas Board, created in Section <xref depth="3" refnumber="53-7-304">53-7-304</xref>; and</subsection><subsection number="53-1-104(1)(g)">the Bail Bond Recovery and Private Investigator Licensure Board created in Section <xref depth="3" refnumber="53-11-104">53-11-104</xref>.</subsection></subsection><subsection number="53-1-104(2)">The Peace Officer Standards and Training Council, created in Section <xref depth="3" refnumber="53-6-106">53-6-106</xref>, is within the department.</subsection><subsection number="53-1-104(3)">The following are the divisions within the department:<subsection number="53-1-104(3)(a)">the Administrative Services Division, created in Section <xref depth="3" refnumber="53-1-203">53-1-203</xref>;</subsection><subsection number="53-1-104(3)(b)">the Management Information Services Division, created in Section <xref depth="3" refnumber="53-1-303">53-1-303</xref>;</subsection><subsection number="53-1-104(3)(c)">the Division of Emergency Management, created in Section <xref depth="3" refnumber="53-2a-103">53-2a-103</xref>;</subsection><subsection number="53-1-104(3)(d)">the Driver License Division, created in Section <xref depth="3" refnumber="53-3-103">53-3-103</xref>;</subsection><subsection number="53-1-104(3)(e)">the Criminal Investigations and Technical Services Division, created in Section <xref depth="3" refnumber="53-10-103">53-10-103</xref>;</subsection><subsection number="53-1-104(3)(f)">the Peace Officer Standards and Training Division, created in Section <xref depth="3" refnumber="53-6-103">53-6-103</xref>;</subsection><subsection number="53-1-104(3)(g)">the State Fire Marshal Division, created in Section <xref depth="3" refnumber="53-7-103">53-7-103</xref>; and</subsection><subsection number="53-1-104(3)(h)">the Utah Highway Patrol Division, created in Section <xref depth="3" refnumber="53-8-103">53-8-103</xref>.</subsection></subsection><subsection number="53-1-104(4)">The Office of Executive Protection is created in Section <xref depth="3" refnumber="53-1-112">53-1-112</xref>.</subsection><subsection number="53-1-104(5)">The following are the bureaus within the department:<subsection number="53-1-104(5)(a)">the Bureau of Emergency Medical Services, created in Section <xref depth="3" refnumber="53-2d-102">53-2d-102</xref>;</subsection><subsection number="53-1-104(5)(b)">the Bureau of Criminal Identification, created in Section <xref depth="3" refnumber="53-10-201">53-10-201</xref>;</subsection><subsection number="53-1-104(5)(c)">the State Bureau of Investigation, created in Section <xref depth="3" refnumber="53-10-301">53-10-301</xref>;</subsection><subsection number="53-1-104(5)(d)">the Bureau of Forensic Services, created in Section <xref depth="3" refnumber="53-10-401">53-10-401</xref>; and</subsection><subsection number="53-1-104(5)(e)">the Bureau of Communications, created in Section <xref depth="3" refnumber="53-10-501">53-10-501</xref>.</subsection></subsection></section><section number="53-1-104"><effdate>9/1/2026</effdate><histories><history>Amended by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Boards, bureaus, councils, divisions, and offices.</catchline><subsection number="53-1-104(1)">The following are the policymaking boards and committees within the department:<subsection number="53-1-104(1)(a)">the Trauma System and Emergency Medical Services Committee, created in Section <xref depth="3" refnumber="53-2d-104">53-2d-104</xref>;</subsection><subsection number="53-1-104(1)(b)">the Air Ambulance Committee, created in Section <xref depth="3" refnumber="53-2d-107">53-2d-107</xref>;</subsection><subsection number="53-1-104(1)(c)">the Driver License Medical Advisory Board, created in Section <xref depth="3" refnumber="53-3-303">53-3-303</xref>;</subsection><subsection number="53-1-104(1)(d)">the Concealed Firearm Review Board, created in Section <xref depth="3" refnumber="53-5a-302">53-5a-302</xref>;</subsection><subsection number="53-1-104(1)(e)">the Utah Fire Prevention Board, created in Section <xref depth="3" refnumber="53-7-203">53-7-203</xref>; and</subsection><subsection number="53-1-104(1)(f)">the Liquified Petroleum Gas Board, created in Section <xref depth="3" refnumber="53-7-304">53-7-304</xref>.</subsection></subsection><subsection number="53-1-104(2)">The Peace Officer Standards and Training Council, created in Section <xref depth="3" refnumber="53-6-106">53-6-106</xref>, is within the department.</subsection><subsection number="53-1-104(3)">The following are the divisions within the department:<subsection number="53-1-104(3)(a)">the Administrative Services Division, created in Section <xref depth="3" refnumber="53-1-203">53-1-203</xref>;</subsection><subsection number="53-1-104(3)(b)">the Management Information Services Division, created in Section <xref depth="3" refnumber="53-1-303">53-1-303</xref>;</subsection><subsection number="53-1-104(3)(c)">the Division of Emergency Management, created in Section <xref depth="3" refnumber="53-2a-103">53-2a-103</xref>;</subsection><subsection number="53-1-104(3)(d)">the Driver License Division, created in Section <xref depth="3" refnumber="53-3-103">53-3-103</xref>;</subsection><subsection number="53-1-104(3)(e)">the Criminal Investigations and Technical Services Division, created in Section <xref depth="3" refnumber="53-10-103">53-10-103</xref>;</subsection><subsection number="53-1-104(3)(f)">the Peace Officer Standards and Training Division, created in Section <xref depth="3" refnumber="53-6-103">53-6-103</xref>;</subsection><subsection number="53-1-104(3)(g)">the State Fire Marshal Division, created in Section <xref depth="3" refnumber="53-7-103">53-7-103</xref>; and</subsection><subsection number="53-1-104(3)(h)">the Utah Highway Patrol Division, created in Section <xref depth="3" refnumber="53-8-103">53-8-103</xref>.</subsection></subsection><subsection number="53-1-104(4)">The Office of Executive Protection is created in Section <xref depth="3" refnumber="53-1-112">53-1-112</xref>.</subsection><subsection number="53-1-104(5)">The following are the bureaus within the department:<subsection number="53-1-104(5)(a)">the Bureau of Emergency Medical Services, created in Section <xref depth="3" refnumber="53-2d-102">53-2d-102</xref>;</subsection><subsection number="53-1-104(5)(b)">the Bureau of Criminal Identification, created in Section <xref depth="3" refnumber="53-10-201">53-10-201</xref>;</subsection><subsection number="53-1-104(5)(c)">the State Bureau of Investigation, created in Section <xref depth="3" refnumber="53-10-301">53-10-301</xref>;</subsection><subsection number="53-1-104(5)(d)">the Bureau of Forensic Services, created in Section <xref depth="3" refnumber="53-10-401">53-10-401</xref>; and</subsection><subsection number="53-1-104(5)(e)">the Bureau of Communications, created in Section <xref depth="3" refnumber="53-10-501">53-10-501</xref>.</subsection></subsection></section><section number="53-1-105"><histories><history>Amended by Chapter <modchap sess="2008GS">382</modchap>, 2008 General Session</history><modyear>2008</modyear></histories><catchline>Rulemaking -- Adjudicative proceedings -- Meetings.</catchline><tab/>The commissioner and the department and its boards, councils, divisions, and offices shall comply with the procedures and requirements of:<subsection number="53-1-105(1)"><xref depth="1" refid="C63G-3_1800010118000101" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, in their rulemaking;</subsection><subsection number="53-1-105(2)"><xref depth="1" refid="C63G-4_1800010118000101" refnumber="63G-4" start="0">Title 63G, Chapter 4, Administrative Procedures Act</xref>, in their adjudicative proceedings; and</subsection><subsection number="53-1-105(3)"><xref depth="1" refid="C52-4_1800010118000101" refnumber="52-4" start="0">Title 52, Chapter 4, Open and Public Meetings Act</xref>, in their meetings.</subsection></section><section number="53-1-106"><histories><history>Amended by Chapter <modchap sess="2026GS">291</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Department duties -- Powers.</catchline><subsection number="53-1-106(1)">In addition to the responsibilities contained in this title, the department shall:<subsection number="53-1-106(1)(a)">make rules and perform the functions specified in Title 41, Chapter 6a, Traffic Code, including:<subsection number="53-1-106(1)(a)(i)">setting performance standards for towing companies to be used by the department, as required by Section <xref depth="3" refnumber="41-6a-1406">41-6a-1406</xref>; and</subsection><subsection number="53-1-106(1)(a)(ii)">advising the Department of Transportation regarding the safe design and operation of school buses, as required by Section <xref depth="3" refnumber="41-6a-1304">41-6a-1304</xref>;</subsection></subsection><subsection number="53-1-106(1)(b)">make rules to establish and clarify standards pertaining to the curriculum and teaching methods of a motor vehicle accident prevention course under Section <xref depth="3" refnumber="31A-19a-211">31A-19a-211</xref>;</subsection><subsection number="53-1-106(1)(c)">aid in enforcement efforts to combat drug trafficking;</subsection><subsection number="53-1-106(1)(d)">meet with the Division of Technology Services to formulate contracts, establish priorities, and develop funding mechanisms for dispatch and telecommunications operations;</subsection><subsection number="53-1-106(1)(e)">provide assistance to the Department of Criminal Justice and the Office for Victims of Crime in conducting research or monitoring victims' programs, as required by Subsection <xref depth="4" refnumber="75E-5-203(2)">75E-5-203(2)</xref>;</subsection><subsection number="53-1-106(1)(f)">develop sexual assault exam protocol standards in conjunction with the Utah Hospital Association;</subsection><subsection number="53-1-106(1)(g)">engage in emergency planning activities, including preparation of policy and procedure and rulemaking necessary for implementation of the federal Emergency Planning and Community Right to Know Act of 1986, as required by Section <xref depth="3" refnumber="53-2a-702">53-2a-702</xref>;</subsection><subsection number="53-1-106(1)(h)">implement the provisions of Section <xref depth="3" refnumber="53-2a-402">53-2a-402</xref>, the Emergency Management Assistance Compact;</subsection><subsection number="53-1-106(1)(i)">ensure that any training or certification required of a public official, as defined in Section <xref depth="3" refnumber="53-1-102">53-1-102</xref>, or a public employee, as defined in Section <xref depth="3" refnumber="63G-22-102">63G-22-102</xref>, complies with Title 63G, Chapter 22, State Training and Certification Requirements, if the training or certification is required:<subsection number="53-1-106(1)(i)(i)">under this title;</subsection><subsection number="53-1-106(1)(i)(ii)">by the department; or</subsection><subsection number="53-1-106(1)(i)(iii)">by an agency or division within the department;</subsection></subsection><subsection number="53-1-106(1)(j)">employ a law enforcement officer as a public safety liaison to be housed at the State Board of Education who shall work with the State Board of Education to:<subsection number="53-1-106(1)(j)(i)">support training with relevant state agencies for school resource officers as described in Section <xref depth="3" refnumber="53G-8-702">53G-8-702</xref>;</subsection><subsection number="53-1-106(1)(j)(ii)">coordinate the creation of model policies and memorandums of understanding for a local education agency and a local law enforcement agency; and</subsection><subsection number="53-1-106(1)(j)(iii)">ensure cooperation between relevant state agencies, a local education agency, and a local law enforcement agency to foster compliance with disciplinary related statutory provisions, including Sections <xref depth="3" refnumber="53E-3-516">53E-3-516</xref> and <xref depth="3" refnumber="53G-8-211">53G-8-211</xref>;</subsection></subsection><subsection number="53-1-106(1)(k)">provide for the security and protection of public officials, public officials' staff, and the capitol hill complex in accordance with the provisions of this part;</subsection><subsection number="53-1-106(1)(l)">fulfill the duties described in Sections <xref depth="3" refnumber="77-36-2.1">77-36-2.1</xref> and <xref depth="3" refnumber="78B-7-120">78B-7-120</xref> related to lethality assessments; and</subsection><subsection number="53-1-106(1)(m)">fulfill the duties described in Section <xref depth="3" refnumber="63L-13-201">63L-13-201</xref> related to restricted foreign entities.</subsection></subsection><subsection number="53-1-106(2)"><subsection number="53-1-106(2)(a)">The department shall establish a schedule of fees as required or allowed in this title for services provided by the department.</subsection><subsection number="53-1-106(2)(b)">All fees not established in statute shall be established in accordance with Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref>.</subsection></subsection><subsection number="53-1-106(3)">The department may establish or contract for the establishment of an organ procurement donor registry in accordance with Section <xref depth="3" refnumber="26B-8-319">26B-8-319</xref>.</subsection><subsection number="53-1-106(4)"><subsection number="53-1-106(4)(a)">The department and the State Tax Commission shall jointly study the feasibility of combining the motor vehicle-related divisions under a single umbrella agency, including the Driver License Division, the Motor Vehicle Division, and the Motor Vehicle Enforcement Division.</subsection><subsection number="53-1-106(4)(b)">The study described in Subsection <xref depth="4" refnumber="53-1-106(4)(a)">(4)(a)</xref> shall include an evaluation of:<subsection number="53-1-106(4)(b)(i)">potential cost savings, including administrative, operational, and technology-related savings;</subsection><subsection number="53-1-106(4)(b)(ii)">potential efficiency gains in governance, staffing, data sharing, and service delivery;</subsection><subsection number="53-1-106(4)(b)(iii)">potential improvements to customer experience, including service accessibility, processing times, and coordination of services; and</subsection><subsection number="53-1-106(4)(b)(iv)">legal, operational, and fiscal barriers to consolidation.</subsection></subsection><subsection number="53-1-106(4)(c)">In conducting the study, the department may:<subsection number="53-1-106(4)(c)(i)">consult with employees and leadership of each motor vehicle-related division;</subsection><subsection number="53-1-106(4)(c)(ii)">review consolidation and organization models from other states;</subsection><subsection number="53-1-106(4)(c)(iii)">consult with relevant stakeholders;</subsection><subsection number="53-1-106(4)(c)(iv)">conduct surveys or studies with users and customers; and</subsection><subsection number="53-1-106(4)(c)(v)">identify statutory changes that would be required to implement consolidation.</subsection></subsection><subsection number="53-1-106(4)(d)">On or before November 30, 2026, the department shall submit a written report of the study described in this section to the Transportation Interim Committee.</subsection><subsection number="53-1-106(4)(e)">The report required under Subsection <xref depth="4" refnumber="53-1-106(4)(d)">(4)(d)</xref> shall include:<subsection number="53-1-106(4)(e)(i)">findings and conclusions from the study; and</subsection><subsection number="53-1-106(4)(e)(ii)">recommendations, including whether consolidation should be pursued and, if so, an implementation framework.</subsection></subsection></subsection></section><section number="53-1-106.2"><histories><history>Amended by Chapter <modchap sess="2026GS">432</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Towing dispatch program.</catchline><subsection number="53-1-106.2(1)">As used in this section, "towing dispatch vendor" means a vendor that provides a product or technology capable of increasing efficiency, effectiveness, and transparency in the dispatching of towing providers and management of towing rotations.</subsection><subsection number="53-1-106.2(2)">An interlocal agency established under <xref depth="1" refnumber="11-13" start="0">Title 11, Chapter 13, Interlocal Cooperation Act</xref>, a special service district established under <xref depth="1" refnumber="17D-1" start="0">Title 17D, Chapter 1, Special Service District Act</xref>, a political subdivision, or a state agency may enter into a contract with a towing dispatch vendor.</subsection><subsection number="53-1-106.2(3)">A product or technology provided by a towing dispatch vendor shall comply with the following requirements and capabilities:<subsection number="53-1-106.2(3)(a)">decreasing delays associated with requesting and dispatching a tow truck motor carrier from an established tow rotation;</subsection><subsection number="53-1-106.2(3)(b)">increasing information, transparency, and data collection associated with tow rotation operations, including dispatching, response time, completion, clearance, and storage; and</subsection><subsection number="53-1-106.2(3)(c)">increasing responder and traffic safety by reducing secondary crashes, responder time on scene, and the impacts of traffic accidents on traffic flow and safety.</subsection></subsection><subsection number="53-1-106.2(4)">A product or technology provided by a towing dispatch vendor may not require a tow truck operator to manipulate a wireless communication device in a manner that violates Section <xref depth="3" refnumber="41-6a-1716">41-6a-1716</xref>.</subsection><subsection number="53-1-106.2(5)">A towing entity or towing dispatch vendor may not require a tow truck motor carrier or tow truck operator to provide or enter information into a database other than a database described in Section <xref depth="3" refnumber="41-6a-1406">41-6a-1406</xref>.</subsection><subsection number="53-1-106.2(6)">A vendor selected to provide towing dispatch management services as described in this section may not also provide towing, storage, impounding, or other services related to the operation of a towing provider.</subsection></section><section number="53-1-106.5"><histories><history>Amended by Chapter <modchap sess="2018S3">1</modchap>, 2018 Special Session 3</history><modyear>2018</modyear></histories><catchline>Utah Medical Cannabis Act -- Department duties.</catchline><tab/>In addition to the duties described in Section <xref depth="3" refnumber="53-1-106" start="0">53-1-106</xref>, the department shall:<subsection number="53-1-106.5(1)"> provide standards for training peace officers and law enforcement agencies in the use of the state electronic verification system; and</subsection><subsection number="53-1-106.5(2)"> collaborate with the Department of Health and the Department of Agriculture and Food to provide standards for training peace officers and law enforcement agencies in medical cannabis law.</subsection></section><section number="53-1-107"><histories><history>Amended by Chapter <modchap sess="2020GS">352</modchap>, 2020 General Session</history><modyear>2020</modyear></histories><catchline>Commissioner of public safety -- Appointment -- Qualifications -- Salary.</catchline><subsection number="53-1-107(1)"> The chief executive officer of the department is the commissioner.</subsection><subsection number="53-1-107(2)"><subsection number="53-1-107(2)(a)"> Every fourth year after the year 1989, the governor shall appoint a commissioner with the advice and consent of the Senate.</subsection><subsection number="53-1-107(2)(b)"> The commissioner shall serve for a period of four years from July 1 of the year of the commissioner's appointment.</subsection></subsection><subsection number="53-1-107(3)"> The commissioner shall: <subsection number="53-1-107(3)(a)"> be an individual of recognized executive and administrative capacity;</subsection><subsection number="53-1-107(3)(b)"> be selected solely with regard to the commissioner's qualifications and fitness to discharge the duties of the commissioner's office;</subsection><subsection number="53-1-107(3)(c)"> be of high moral character;</subsection><subsection number="53-1-107(3)(d)"> be of good standing in the community in which the commissioner lives; and</subsection><subsection number="53-1-107(3)(e)"> have been a resident of this state for a period of at least five years immediately prior to appointment.</subsection></subsection><subsection number="53-1-107(4)"> The commissioner shall devote full time to the duties of the office.</subsection><subsection number="53-1-107(5)"> The governor shall establish the commissioner's salary within the salary range fixed by the Legislature in <xref depth="1" refnumber="67-22" start="0">Title 67, Chapter 22, State Officer Compensation</xref>.</subsection></section><section number="53-1-108"><histories><history>Amended by Chapter <modchap sess="2024GS">21</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Commissioner's powers and duties.</catchline><subsection number="53-1-108(1)">In addition to the responsibilities contained in this title, the commissioner shall:<subsection number="53-1-108(1)(a)">administer and enforce this title and Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and Operators Act;</subsection><subsection number="53-1-108(1)(b)">appoint deputies, inspectors, examiners, clerical workers, and other employees as required to properly discharge the duties of the department;</subsection><subsection number="53-1-108(1)(c)">make rules:<subsection number="53-1-108(1)(c)(i)">governing emergency use of signal lights on private vehicles; and</subsection><subsection number="53-1-108(1)(c)(ii)">allowing privately owned vehicles to be designated for part-time emergency use, as provided in Section <xref depth="3" refnumber="41-6a-310">41-6a-310</xref>;</subsection></subsection><subsection number="53-1-108(1)(d)">set standards for safety belt systems, as required by Section <xref depth="3" refnumber="41-6a-1803">41-6a-1803</xref>;</subsection><subsection number="53-1-108(1)(e)">serve as the cochair of the Emergency Management Administration Council, as required by Section <xref depth="3" refnumber="53-2a-105">53-2a-105</xref>;</subsection><subsection number="53-1-108(1)(f)">designate vehicles as "authorized emergency vehicles," as required by Section <xref depth="3" refnumber="41-6a-102">41-6a-102</xref>; and</subsection><subsection number="53-1-108(1)(g)">on or before January 1, 2003, adopt a written policy that prohibits the stopping, detention, or search of any person when the action is solely motivated by considerations of race, color, ethnicity, age, or gender.</subsection></subsection><subsection number="53-1-108(2)">The commissioner may:<subsection number="53-1-108(2)(a)">subject to the approval of the governor, establish division headquarters at various places in the state;</subsection><subsection number="53-1-108(2)(b)">issue to a special agent a certificate of authority to act as a peace officer and revoke that authority for cause, as authorized in Section <xref depth="3" refnumber="56-1-21.5">56-1-21.5</xref>;</subsection><subsection number="53-1-108(2)(c)">create specialized units within the commissioner's office for conducting internal affairs and aircraft operations as necessary to protect the public safety;</subsection><subsection number="53-1-108(2)(d)">cooperate with any recognized agency in the education of the public in safety and crime prevention and participate in public or private partnerships, subject to Subsection (3);</subsection><subsection number="53-1-108(2)(e)">cooperate in applying for and distributing highway safety program funds;</subsection><subsection number="53-1-108(2)(f)">receive and distribute federal funding to further the objectives of highway safety in compliance with Title 63J, Chapter 5, Federal Funds Procedures Act; </subsection><subsection number="53-1-108(2)(g)">authorize off-duty personal use of Department of Public Safety emergency vehicles; and</subsection><subsection number="53-1-108(2)(h)">deny or revoke a public or private school's occupancy permit based on the recommendations of the state security chief as described in Section <xref depth="3" refnumber="53-22-102">53-22-102</xref>.</subsection></subsection><subsection number="53-1-108(3)"><subsection number="53-1-108(3)(a)">Money may not be expended under Subsection (2)(d) for public safety education unless it is specifically appropriated by the Legislature for that purpose.</subsection><subsection number="53-1-108(3)(b)">Any recognized agency receiving state money for public safety shall file with the auditor of the state an itemized statement of all its receipts and expenditures.</subsection></subsection></section><section number="53-1-109"><histories><history>Amended by Chapter <modchap sess="2024GS">425</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Security for capitol complex -- Traffic and parking rules enforcement for division -- Security personnel as law enforcement officers.</catchline><subsection number="53-1-109(1)"><subsection number="53-1-109(1)(a)">The commissioner, under the direction of the State Capitol Preservation Board, shall:<subsection number="53-1-109(1)(a)(i)">provide for the security of capitol hill; and</subsection><subsection number="53-1-109(1)(a)(ii)">enforce traffic provisions under Title 41, Chapter 6a, Traffic Code, and parking rules, as adopted by the State Capitol Preservation Board, for capitol hill.</subsection></subsection><subsection number="53-1-109(1)(b)">The commissioner, in cooperation with the director of the Division of Facilities Construction and Management shall provide for the security of all grounds and buildings under the jurisdiction of the Division of Facilities Construction and Management.</subsection></subsection><subsection number="53-1-109(2)">Security personnel required in Subsection (1) shall be law enforcement officers as defined in Section <xref depth="3" refnumber="53-13-103">53-13-103</xref>.</subsection><subsection number="53-1-109(3)">Security personnel who were actively employed and had five or more years of active service with Protective Services within the Utah Highway Patrol Division as special function officers, as defined in Section <xref depth="3" refnumber="53-13-105">53-13-105</xref>, on June 29, 1996, shall become law enforcement officers:<subsection number="53-1-109(3)(a)">without a requirement of any additional training or examinations, if they have completed the entire law enforcement officer training of the Peace Officers Standards and Training Division; or</subsection><subsection number="53-1-109(3)(b)">upon completing only the academic portion of the law enforcement officer training of the Peace Officers Standards and Training Division.</subsection></subsection><subsection number="53-1-109(4)">An officer in a supervisory position with Protective Services within the Utah Highway Patrol Division shall be allowed to transfer the job title that the officer held on April 28, 1996, into a comparable supervisory position of employment as a peace officer for as long as the officer remains with Protective Services within the Utah Highway Patrol Division.</subsection></section><section number="53-1-110"><histories><history>Amended by Chapter <modchap sess="2009GS">183</modchap>, 2009 General Session</history><modyear>2009</modyear></histories><catchline>Compilation of highway, traffic, and driver licensing laws -- Printing and distribution -- Fees.</catchline><subsection number="53-1-110(1)"><subsection number="53-1-110(1)(a)"> The commissioner shall compile an edition of the general highway, traffic, and driver licensing laws of the state as soon as practicable after each regular session of the Legislature.</subsection><subsection number="53-1-110(1)(b)"> The edition shall include laws enacted or amended by the most recent session of the Legislature.</subsection></subsection><subsection number="53-1-110(2)"><subsection number="53-1-110(2)(a)"> The Division of Finance shall print a sufficient quantity of the compiled highway, traffic, and driver licensing laws to distribute copies to all state, county, and local enforcement agencies, courts, legislators, and other agencies as necessary.</subsection><subsection number="53-1-110(2)(b)"> A fee may be assessed for each copy of the compilation issued by the Division of Finance. The fee shall be established by the Division of Finance in accordance with Section <xref depth="3" refid="C63J-1-S504_1800010118000101" refnumber="63J-1-504" start="0">63J-1-504</xref>.</subsection></subsection></section><section number="53-1-111"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Crime prevention month -- Department of Public Safety to coordinate.</catchline><subsection number="53-1-111(1)"> The month of October is designated as "Crime Prevention Month."</subsection><subsection number="53-1-111(2)"> The department shall coordinate all activities, special programs, and promotional information to heighten public awareness and involvement in the prevention of crime in each community.</subsection></section><section number="53-1-112"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Office of Executive Protection -- Creation.</catchline><tab/>There is created within the department the Office of Executive Protection. </section><section number="53-1-113"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Office of Executive Protection -- Personnel.</catchline><subsection number="53-1-113(1)"> The commissioner shall select personnel for the Office of Executive Protection primarily from the ranks of the Highway Patrol without competitive examination.</subsection><subsection number="53-1-113(2)"> Selection of personnel from other than these ranks may be made at the commissioner's discretion, provided the persons selected are peace officers.</subsection></section><section number="53-1-114"><histories><history>Amended by Chapter <modchap sess="2021GS">360</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Office of Executive Protection -- Security and protection for governor and family -- Protection for other officials and staff -- Training -- Equipment.</catchline><subsection number="53-1-114(1)"> The Office of Executive Protection shall provide all necessary security and protection for: <subsection number="53-1-114(1)(a)"> the governor and the governor's immediate family;</subsection><subsection number="53-1-114(1)(b)"> a governor-elect and the governor-elect's immediate family; and</subsection><subsection number="53-1-114(1)(c)"> the capitol hill complex.</subsection></subsection><subsection number="53-1-114(2)"><subsection number="53-1-114(2)(a)"> Subject to the authorization of the commissioner, and only if there is a demonstrable need or a specifically identified threat to the individual to be protected, the Office of Executive Protection may provide protection to:<subsection number="53-1-114(2)(a)(i)"> other public officials;</subsection><subsection number="53-1-114(2)(a)(ii)"> a public official's staff member;</subsection><subsection number="53-1-114(2)(a)(iii)"> a candidate for an elected state office and the candidate's immediate family during the time beginning on the date of the general election and ending on the date of the meeting of the board of canvassers under Section <xref depth="3" refnumber="20A-4-306" start="0">20A-4-306</xref>; or</subsection><subsection number="53-1-114(2)(a)(iv)"> an outgoing elected state official and the outgoing elected state official's immediate family.</subsection></subsection><subsection number="53-1-114(2)(b)"><subsection number="53-1-114(2)(b)(i)"> Protection provided under Subsection <xref depth="4" refnumber="53-1-114(2)(a)" start="0">(2)(a)</xref> may not extend for more than 15 days without review and approval by the commissioner.</subsection><subsection number="53-1-114(2)(b)(ii)"> Review and approval by the commissioner is required at the end of each 15-day period.</subsection></subsection><subsection number="53-1-114(2)(c)"> When protection is provided under Subsection <xref depth="4" refnumber="53-1-114(2)(a)" start="0">(2)(a)</xref>, the commissioner shall provide a report to the president of the Senate and the speaker of the House of Representatives at the end of each 15-day period.</subsection><subsection number="53-1-114(2)(d)"> The requirement for review and approval described in Subsection <xref depth="4" refnumber="53-1-114(2)(b)(ii)" start="0">(2)(b)(ii)</xref> and the reporting requirement described in Subsection <xref depth="4" refnumber="53-1-114(2)(c)" start="0">(2)(c)</xref> may be waived or modified by majority vote of the president of the Senate, the speaker of the House of Representatives, and the commissioner.</subsection></subsection><subsection number="53-1-114(3)"> The Office of Executive Protection shall assess, monitor, and address any threat to a public official, a public official's staff member, or any part of the capitol hill complex.</subsection><subsection number="53-1-114(4)"> The commissioner or the commissioner's designee shall provide weekly public protection training to members of the Office of Executive Protection who are assigned to provide security and protection to an individual described in Subsection <xref depth="4" refnumber="53-1-114(1)" start="0">(1)</xref> or <xref depth="4" refnumber="53-1-114(2)" start="0">(2)</xref>.</subsection><subsection number="53-1-114(5)"> The commissioner or the commissioner's designee shall provide regular training to all members of the Office of Executive Protection on: <subsection number="53-1-114(5)(a)"> personal protection;</subsection><subsection number="53-1-114(5)(b)"> special tactics;</subsection><subsection number="53-1-114(5)(c)"> facility defense; and</subsection><subsection number="53-1-114(5)(d)"> any other topic that, in the determination of the commissioner or the commissioner's designee, is relevant to providing for the security and protection of public officials, public officials' staff, and the capitol hill complex.</subsection></subsection><subsection number="53-1-114(6)"><subsection number="53-1-114(6)(a)"> At times that the commissioner determines to be reasonable, the Office of Executive Protection shall provide personal security training for all public officials and public officials' staff members who work at the capitol hill complex.</subsection><subsection number="53-1-114(6)(b)"> The Office of Executive Protection shall make personal security equipment, that the commissioner determines to be reasonable, available to the public officials and public officials' staff members who work at the capitol hill complex.</subsection></subsection></section><section number="53-1-115"><histories><history>Amended by Chapter <modchap sess="2000GS">146</modchap>, 2000 General Session</history><modyear>2000</modyear></histories><catchline>Office of Executive Protection -- Closure of property to protect governor -- Violation of order of closure.</catchline><subsection number="53-1-115(1)"> As used in this section: <subsection number="53-1-115(1)(a)"> "Office" includes the governor's official office and any other location not generally open to the public in which the governor is conducting the business of the state.</subsection><subsection number="53-1-115(1)(b)"> "Parking space" includes any space occupied or to be occupied by the governor's vehicle when parked, regardless of whether it is the regular parking space of the governor's vehicle.</subsection><subsection number="53-1-115(1)(c)"> "Premises" includes:<subsection number="53-1-115(1)(c)(i)"> the governor's official residence, private residence, and any temporary residence owned by the governor or the governor's family; and</subsection><subsection number="53-1-115(1)(c)(ii)"> any temporary lodging or residence where the governor is staying or intends to stay, regardless of whether the stay is for official or other purposes.</subsection></subsection><subsection number="53-1-115(1)(d)"> "Vehicle" includes an automobile, airplane, or other mode of conveyance in which the governor is traveling or intends to travel.</subsection></subsection><subsection number="53-1-115(2)"> A member of the Office of Executive Protection may order the closure of or restriction of access to the governor's premises or office when in the member's discretion that action is necessary to insure the safety of the governor, the governor's immediate family, or other persons within the premises or office.</subsection><subsection number="53-1-115(3)"> A member of the Office of Executive Protection may order restriction of access to the governor's vehicle by ordering closure of or restriction of access to areas surrounding the vehicle, the vehicle's parking space, or the vehicle's routes of ingress or egress, when in the member's discretion that action is necessary to ensure the safety of the governor, the governor's immediate family, other persons within the vehicle, or the safe passage of persons in or out of or to or from the vehicle.</subsection><subsection number="53-1-115(4)"> A member of the Office of Executive Protection may order closure or restriction of access to any public property when in the member's discretion that action is necessary in the discharge of the duty to protect the governor, the governor's immediate family, or other persons for whom protection may be provided under Section <xref depth="3" refid="C53-1-S114_1800010118000101" refnumber="53-1-114" start="0">53-1-114</xref>.</subsection><subsection number="53-1-115(5)"><subsection number="53-1-115(5)(a)"> A member of the Office of Executive Protection may order closure of or restriction of access to privately owned property to the same extent and for the same purposes as for publicly owned property with the consent of the owner, tenant, or occupant of the private property.</subsection><subsection number="53-1-115(5)(b)"> The owner, tenant, or occupant may:<subsection number="53-1-115(5)(b)(i)"> expressly ratify consent that was previously implicit; and</subsection><subsection number="53-1-115(5)(b)(ii)"> withdraw consent by informing a member of the Office of Executive Protection.</subsection></subsection></subsection><subsection number="53-1-115(6)"> An order of closure or restriction remains in effect for up to three consecutive days and may be extended beyond three days: <subsection number="53-1-115(6)(a)"> with the commissioner's approval; or</subsection><subsection number="53-1-115(6)(b)"> without the commissioner's approval if immediate circumstances warrant the extension.</subsection></subsection><subsection number="53-1-115(7)"><subsection number="53-1-115(7)(a)"> An order closing or restricting access to property shall be posted by placing a copy of it at the primary entrance to the property.</subsection><subsection number="53-1-115(7)(b)"> An order restricting access to a vehicle shall be posted by placing a copy of it in the area to be closed or restricted, including the area surrounding the vehicle, the vehicle's parking space, or the vehicle's routes of ingress or egress.</subsection><subsection number="53-1-115(7)(c)"> An order is not invalidated for failure to comply with the procedures of Subsection <xref depth="4" refid="C53-1-S115_1800010118000101" refnumber="53-1-115(7)(a)" start="0">(7)(a)</xref> or <xref depth="4" refid="C53-1-S115_1800010118000101" refnumber="53-1-115(7)(b)" start="0">(7)(b)</xref> if notice to the public of the order is otherwise sufficient and reasonable under the circumstances.</subsection></subsection><subsection number="53-1-115(8)"> An order shall specify the extent of the closure or restriction.</subsection><subsection number="53-1-115(9)"> A person who intentionally or knowingly enters or remains within public property in violation of an order of closure or restricted access is guilty of a class B misdemeanor.</subsection><subsection number="53-1-115(10)"> This section does not restrict or limit a member of the Office of Executive Protection in exercising any other power available to the member as an officer of the law to provide for the security of the governor or the safety of the public.</subsection></section><section number="53-1-116"><histories><history>Amended by Chapter <modchap sess="2016GS">303</modchap>, 2016 General Session</history><modyear>2016</modyear></histories><catchline>Violations.</catchline><tab/>A violation of this title, except for a violation under <xref depth="2" refnumber="53-3-2" start="1">Chapter 3, Part 2, Driver Licensing Act</xref>, is an infraction, unless otherwise provided.</section><section number="53-1-117"><histories><history>Amended by Chapter <modchap sess="2011GS">342</modchap>, 2011 General Session</history><modyear>2011</modyear></histories><catchline>Alcohol or drug enforcement funding -- Rulemaking -- Legislative findings.</catchline><subsection number="53-1-117(1)"> From money appropriated by the Legislature and any other funds made available for the purposes described under this section, the department shall assist the law enforcement agencies of the state and its political subdivisions in the enforcement of alcohol or drug-related offenses.</subsection><subsection number="53-1-117(2)"> In accordance with <xref depth="1" refid="C63G-3_1800010118000101" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, the commissioner shall make rules establishing criteria and procedures for granting money under this section to law enforcement agencies for: <subsection number="53-1-117(2)(a)"> providing equipment, including drug and alcohol testing equipment;</subsection><subsection number="53-1-117(2)(b)"> funding the training and overtime of peace officers; and</subsection><subsection number="53-1-117(2)(c)"> managing driving under the influence related abandoned vehicles.</subsection></subsection><subsection number="53-1-117(3)"> The Legislature finds that the money is for a general and statewide public purpose.</subsection></section><section number="53-1-121"><histories><history>Amended by Chapter <modchap sess="2025GS">271</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Technology and equipment for officer-involved critical incident investigation -- Rulemaking -- Legislative findings -- Revenue fund created.</catchline><subsection number="53-1-121(1)">The department shall assist the law enforcement agencies of the state and the state's political subdivisions to obtain technology and equipment to assist in the investigation of officer-involved critical incidents in which a firearm is used.</subsection><subsection number="53-1-121(2)">To be eligible, the technology or equipment shall be:<subsection number="53-1-121(2)(a)">capable of recording actual shots fired, including the date and time, from a specific weapon;</subsection><subsection number="53-1-121(2)(b)">able to distinguish between actual shots fired and other, unrelated but contemporaneous, events; and</subsection><subsection number="53-1-121(2)(c)">tamper-proof and unable to be removed or manipulated by the officer.</subsection></subsection><subsection number="53-1-121(3)">The department shall create a program to assist law enforcement agencies through monetary grants to:<subsection number="53-1-121(3)(a)">purchase technology and equipment to assist in the investigation of officer-involved critical incidents involving a firearm; and</subsection><subsection number="53-1-121(3)(b)">train law enforcement officers in the proper use and handling of any technology and equipment purchased in accordance with this section.</subsection></subsection><subsection number="53-1-121(4)"><subsection number="53-1-121(4)(a)">In accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, the commissioner shall make rules establishing a program with criteria and procedures for granting matching funds under this section to law enforcement agencies to purchase technology or equipment meeting the criteria in Subsection <xref depth="4" refnumber="53-1-121(2)" start="0">(2)</xref>.</subsection><subsection number="53-1-121(4)(b)">The rules shall require that funding provided to purchase technology or equipment under this section shall be matched by the requesting law enforcement agency.</subsection></subsection><subsection number="53-1-121(5)">The Legislature finds that the money is for a general and statewide public purpose.</subsection><subsection number="53-1-121(6)">Expenses accrued by the department in carrying out this section shall be provided from this appropriation, but may not exceed $40,000 annually.</subsection><subsection number="53-1-121(7)">The Legislature shall appropriate funds to the department to use for matching grants to local law enforcement agencies to carry out the purpose of this program.</subsection><subsection number="53-1-121(8)">The department shall report annually to the Criminal Justice Appropriations Subcommittee on the program. The report shall contain:<subsection number="53-1-121(8)(a)">the total amount of appropriations received by the program;</subsection><subsection number="53-1-121(8)(b)">amounts granted from the program to local law enforcement agencies, including an accounting of technology purchased by the local law enforcement agency;</subsection><subsection number="53-1-121(8)(c)">an accounting of any administrative expenses for the program paid out of the funds;</subsection><subsection number="53-1-121(8)(d)">requests for funding that were not granted and the reason for denial; and</subsection><subsection number="53-1-121(8)(e)">the total amount of remaining funds.</subsection></subsection></section><section number="53-1-122"><histories><history>Enacted by Chapter <modchap sess="2024GS">319</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Road Rage Awareness and Prevention Restricted Account.</catchline><subsection number="53-1-122(1)">There is created a restricted account within the General Fund known as the Road Rage Awareness and Prevention Restricted Account.</subsection><subsection number="53-1-122(2)">The account is funded by money appropriated by the Legislature.</subsection><subsection number="53-1-122(3)">Upon appropriation, the department shall expend funds from the restricted account to pay for an education and media campaign on road rage awareness and prevention.</subsection></section><section number="53-1-123"><effdate>1/1/2027</effdate><histories><history>Enacted by Chapter <modchap sess="2026GS">275</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Nicotine Disposal and Enforcement Restricted Account.</catchline><subsection number="53-1-123(1)">There is created within the General Fund a restricted account known as the "Nicotine Disposal and Enforcement Restricted Account."</subsection><subsection number="53-1-123(2)">The Nicotine Disposal and Enforcement Restricted Account consists of:<subsection number="53-1-123(2)(a)">revenue allocated and collected from a license fee imposed under Sections <xref depth="3" refnumber="59-14-201">59-14-201</xref>, <xref depth="3" refnumber="59-14-301">59-14-301</xref>, and <xref depth="3" refnumber="59-14-803">59-14-803</xref>; and</subsection><subsection number="53-1-123(2)(b)">appropriations from the Legislature.</subsection></subsection><subsection number="53-1-123(3)">For each fiscal year and subject to appropriation by the Legislature, the Division of Finance shall distribute from the funds deposited under Subsection <xref depth="4" refnumber="53-1-123(2)(a)">(2)(a)</xref> into the Nicotine Disposal and Enforcement Restricted Account to the department for:<subsection number="53-1-123(3)(a)">the disposal of confiscated electronic cigarette products; and</subsection><subsection number="53-1-123(3)(b)">additional law enforcement officers to disrupt organizations and networks that provide tobacco products, electronic cigarette products, nicotine products, and other illegal controlled substances to minors.</subsection></subsection><subsection number="53-1-123(4)">Subject to appropriation, the department may determine how the funds may be used if the funds are used for a purpose described in Subsection <xref depth="4" refnumber="53-1-123(3)">(3)</xref>.</subsection><subsection number="53-1-123(5)">The department may award grants to other state and local law enforcement agencies and local education agencies for the disposal of confiscated electronic cigarette products.</subsection></section></part><part number="53-1-2"><catchline>Administrative Services</catchline><section number="53-1-201"><histories><history>Enacted by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Short title.</catchline><tab/>This part is known as "Administrative Services." </section><section number="53-1-202"><histories><history>Enacted by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="53-1-202(1)"> "Director" means the division director appointed under Section <xref depth="3" refid="C53-1-S203_1800010118000101" refnumber="53-1-203" start="0">53-1-203</xref>.</subsection><subsection number="53-1-202(2)"> "Division" means the Administrative Services Division created in Section <xref depth="3" refid="C53-1-S203_1800010118000101" refnumber="53-1-203" start="0">53-1-203</xref>.</subsection></section><section number="53-1-203"><histories><history>Amended by Chapter <modchap sess="2021GS">345</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Creation of Administrative Services Division -- Appointment of director -- Qualifications -- Term -- Compensation.</catchline><subsection number="53-1-203(1)"> There is created within the department the Administrative Services Division.</subsection><subsection number="53-1-203(2)"> The division shall be administered by a director appointed by the commissioner with the approval of the governor.</subsection><subsection number="53-1-203(3)"> The director is the executive and administrative head of the division and shall be experienced in administration and possess additional qualifications as determined by the commissioner and as provided by law.</subsection><subsection number="53-1-203(4)"> The director acts under the supervision and control of the commissioner and may be removed from his position at the will of the commissioner.</subsection><subsection number="53-1-203(5)"> The director shall receive compensation as provided by <xref depth="1" refnumber="63A-17" start="0">Title 63A, Chapter 17, Utah State Personnel Management Act</xref>.</subsection></section><section number="53-1-204"><histories><history>Amended by Chapter <modchap sess="2016GS">302</modchap>, 2016 General Session</history><modyear>2016</modyear></histories><catchline>Division duties.</catchline><tab/>The division shall:<subsection number="53-1-204(1)"> provide administrative and staff support to the commissioner;</subsection><subsection number="53-1-204(2)"> ensure that all departmental administrative processes are in compliance with state law, rules, and procedures;</subsection><subsection number="53-1-204(3)"> make deposits, pay all claims and obligations of the department, and conduct all treasury transactions;</subsection><subsection number="53-1-204(4)"> prepare the department budget, review department expenditures, prepare financial reports, and offer general assistance with financial matters to the department;</subsection><subsection number="53-1-204(5)"> coordinate and review department purchases and monitor department purchasing practices to ensure compliance with state procurement rules;</subsection><subsection number="53-1-204(6)"> coordinate the purchase, operation, maintenance, records, and final disposal of the department's vehicle fleet;</subsection><subsection number="53-1-204(7)"> make capital facility plans for the department, maintain a capital equipment inventory system, coordinate risk management records, and organize waste paper recycling; and</subsection><subsection number="53-1-204(8)"> make rules for the department authorized by this title.</subsection></section></part><part number="53-1-3"><catchline>Management Information Services</catchline><section number="53-1-301"><histories><history>Enacted by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Short title.</catchline><tab/>This part is known as "Management Information Services." </section><section number="53-1-302"><histories><history>Enacted by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="53-1-302(1)"> "Director" means the division director appointed under Section <xref depth="3" refid="C53-1-S303_1800010118000101" refnumber="53-1-303" start="0">53-1-303</xref>.</subsection><subsection number="53-1-302(2)"> "Division" means the Management Information Services Division created in Section <xref depth="3" refid="C53-1-S303_1800010118000101" refnumber="53-1-303" start="0">53-1-303</xref>.</subsection></section><section number="53-1-303"><histories><history>Amended by Chapter <modchap sess="2021GS">345</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Creation of Management Information Services Division -- Appointment of director -- Qualifications -- Term -- Compensation.</catchline><subsection number="53-1-303(1)"> There is created within the department the Management Information Services Division.</subsection><subsection number="53-1-303(2)"> The division shall be administered by a director appointed by the commissioner with the approval of the governor.</subsection><subsection number="53-1-303(3)"> The director is the executive and administrative head of the division and shall be experienced in administration and possess additional qualifications as determined by the commissioner and as provided by law.</subsection><subsection number="53-1-303(4)"> The director acts under the supervision and control of the commissioner and may be removed from his position at the will of the commissioner.</subsection><subsection number="53-1-303(5)"> The director shall receive compensation as provided by <xref depth="1" refnumber="63A-17" start="0">Title 63A, Chapter 17, Utah State Personnel Management Act</xref>.</subsection></section><section number="53-1-304"><histories><history>Enacted by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Division duties.</catchline><tab/>The division shall:<subsection number="53-1-304(1)"> provide technical support for the department's various computer systems, including computer software, hardware, and networking support;</subsection><subsection number="53-1-304(2)"> provide access to the National Crime Information Center, National Law Enforcement Telecommunication System, which provides electronic mail messaging capabilities to law enforcement agencies throughout the nation, and to National Commercial Driver License Information;</subsection><subsection number="53-1-304(3)"> create information systems for public safety information;</subsection><subsection number="53-1-304(4)"> provide programming support as required by the department;</subsection><subsection number="53-1-304(5)"> design systems and programs to maximize the efficiency of the department;</subsection><subsection number="53-1-304(6)"> provide law enforcement officers and criminal justice agencies access to public safety information that will assist in protecting the public; and</subsection><subsection number="53-1-304(7)"> other duties as assigned by the commissioner.</subsection></section></part></chapter><chapter number="53-2a"><catchline>Emergency Management Act</catchline><part number="53-2a-1"><catchline>Emergency Management Act</catchline><section number="53-2a-101"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Title.</catchline><tab/>This part is known as the "Emergency Management Act." </section><section number="53-2a-102"><histories><history>Amended by Chapter <modchap sess="2022GS">39</modchap>, 2022 General Session</history><modyear>2022</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this chapter:<subsection number="53-2a-102(1)"> "Alerting authority" means a political subdivision that has received access to send alerts through the Integrated Public Alert and Warning System.</subsection><subsection number="53-2a-102(2)"> "Attack" means a nuclear, cyber, conventional, biological, act of terrorism, or chemical warfare action against the United States of America or this state.</subsection><subsection number="53-2a-102(3)"> "Commissioner" means the commissioner of the Department of Public Safety or the commissioner's designee.</subsection><subsection number="53-2a-102(4)"> "Director" means the division director appointed under Section <xref depth="3" refnumber="53-2a-103" start="0">53-2a-103</xref> or the director's designee.</subsection><subsection number="53-2a-102(5)"> "Disaster" means an event that: <subsection number="53-2a-102(5)(a)"> causes, or threatens to cause, loss of life, human suffering, public or private property damage, or economic or social disruption resulting from attack, internal disturbance, natural phenomena, or technological hazard; and</subsection><subsection number="53-2a-102(5)(b)"> requires resources that are beyond the scope of local agencies in routine responses to emergencies and accidents and may be of a magnitude or involve unusual circumstances that require response by government, not-for-profit, or private entities.</subsection></subsection><subsection number="53-2a-102(6)"> "Division" means the Division of Emergency Management created in Section <xref depth="3" refnumber="53-2a-103" start="0">53-2a-103</xref>.</subsection><subsection number="53-2a-102(7)"> "Emergency manager" means an individual designated as the emergency manager for a political subdivision as described in Section <xref depth="3" refnumber="53-2a-1402" start="0">53-2a-1402</xref>.</subsection><subsection number="53-2a-102(8)"> "Energy" includes the energy resources defined in this chapter.</subsection><subsection number="53-2a-102(9)"> "Expenses" means actual labor costs of government and volunteer personnel, and materials.</subsection><subsection number="53-2a-102(10)"> "Hazardous materials emergency" means a sudden and unexpected release of any substance that because of its quantity, concentration, or physical, chemical, or infectious characteristics presents a direct and immediate threat to public safety or the environment and requires immediate action to mitigate the threat.</subsection><subsection number="53-2a-102(11)"> "Internal disturbance" means a riot, prison break, terrorism, or strike.</subsection><subsection number="53-2a-102(12)"> "IPAWS" means the Integrated Public Alert and Warning System administered by the Federal Emergency Management Agency.</subsection><subsection number="53-2a-102(13)"> "Municipality" means the same as that term is defined in Section <xref depth="3" refnumber="10-1-104" start="0">10-1-104</xref>.</subsection><subsection number="53-2a-102(14)"> "Natural phenomena" means any earthquake, tornado, storm, flood, landslide, avalanche, forest or range fire, or drought.</subsection><subsection number="53-2a-102(15)"> "Officer" means a person who is elected or appointed to an office or position within a political subdivision.</subsection><subsection number="53-2a-102(16)"> "Political subdivision" means the same as that term is defined in Section <xref depth="3" refnumber="11-61-102" start="0">11-61-102</xref>.</subsection><subsection number="53-2a-102(17)"> "State of emergency" means a condition in any part of this state that requires state government emergency assistance to supplement the local efforts of the affected political subdivision to save lives and to protect property, public health, welfare, or safety in the event of a disaster, or to avoid or reduce the threat of a disaster.</subsection><subsection number="53-2a-102(18)"> "Technological hazard" means any hazardous materials accident, mine accident, train derailment, air crash, radiation incident, pollution, structural fire, or explosion.</subsection><subsection number="53-2a-102(19)"> "Terrorism" means activities or the threat of activities that: <subsection number="53-2a-102(19)(a)"> involve acts dangerous to human life;</subsection><subsection number="53-2a-102(19)(b)"> are a violation of the criminal laws of the United States or of this state; and</subsection><subsection number="53-2a-102(19)(c)"> to a reasonable person, would appear to be intended to:<subsection number="53-2a-102(19)(c)(i)"> intimidate or coerce a civilian population;</subsection><subsection number="53-2a-102(19)(c)(ii)"> influence the policy of a government by intimidation or coercion; or</subsection><subsection number="53-2a-102(19)(c)(iii)"> affect the conduct of a government by mass destruction, assassination, or kidnapping.</subsection></subsection></subsection><subsection number="53-2a-102(20)"> "Urban search and rescue" means the location, extrication, and initial medical stabilization of victims trapped in a confined space as the result of a structural collapse, transportation accident, mining accident, or collapsed trench.</subsection></section><section number="53-2a-103"><histories><history>Amended by Chapter <modchap sess="2021GS">345</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Division of Emergency Management -- Creation -- Director -- Appointment -- Term -- Compensation.</catchline><subsection number="53-2a-103(1)"> There is created within the Department of Public Safety the Division of Emergency Management.</subsection><subsection number="53-2a-103(2)"> The division shall be administered by a director appointed by the commissioner with the approval of the governor.</subsection><subsection number="53-2a-103(3)"> The director is the executive and administrative head of the division and shall be experienced in administration and possess additional qualifications as determined by the commissioner and as provided by law.</subsection><subsection number="53-2a-103(4)"> The director acts under the supervision and control of the commissioner and may be removed from the position at the will of the commissioner.</subsection><subsection number="53-2a-103(5)"> The director shall receive compensation as provided by <xref depth="1" refnumber="63A-17" start="0">Title 63A, Chapter 17, Utah State Personnel Management Act</xref>.</subsection></section><section number="53-2a-104"><histories><history>Amended by Chapter <modchap sess="2026GS">243</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Division duties -- Powers.</catchline><subsection number="53-2a-104(1)">Subject to limitation by the Legislature as described in Subsection <xref depth="4" refnumber="53-2a-206(5)" start="0">53-2a-206(5)</xref>, the division shall:<subsection number="53-2a-104(1)(a)">respond to the policies of the governor and the Legislature;</subsection><subsection number="53-2a-104(1)(b)">perform functions relating to emergency management as directed by the governor or by the commissioner, including:<subsection number="53-2a-104(1)(b)(i)">coordinating with state agencies and local governments the use of personnel and other resources of these governmental entities as agents of the state during an interstate disaster in accordance with the Emergency Management Assistance Compact described in Section <xref depth="3" refnumber="53-2a-402" start="0">53-2a-402</xref>;</subsection><subsection number="53-2a-104(1)(b)(ii)">coordinating the requesting, activating, and allocating of state resources, including use of state disaster response personnel in accordance with Section <xref depth="3" refnumber="53-2a-221" start="0">53-2a-221</xref>, during an intrastate disaster or a local state of emergency;</subsection><subsection number="53-2a-104(1)(b)(iii)">receiving and disbursing federal resources provided to the state in a declared disaster;</subsection><subsection number="53-2a-104(1)(b)(iv)">appointing a state coordinating officer who is the governor's representative and who shall work with a federal coordinating officer during a federally declared disaster; and</subsection><subsection number="53-2a-104(1)(b)(v)">appointing a state recovery officer who is the governor's representative and who shall work with a federal recovery officer during a federally declared disaster;</subsection></subsection><subsection number="53-2a-104(1)(c)">prepare, implement, and maintain programs and emergency operation plans to provide for:<subsection number="53-2a-104(1)(c)(i)">prevention and minimization of injury and damage caused by disasters;</subsection><subsection number="53-2a-104(1)(c)(ii)">prompt and effective response to and recovery from disasters;</subsection><subsection number="53-2a-104(1)(c)(iii)">identification of areas particularly vulnerable to disasters;</subsection><subsection number="53-2a-104(1)(c)(iv)">coordination of hazard mitigation and other preventive and preparedness measures designed to eliminate or reduce disasters;</subsection><subsection number="53-2a-104(1)(c)(v)">assistance to local officials, state agencies, and the business and public sectors, in developing emergency action plans;</subsection><subsection number="53-2a-104(1)(c)(vi)">coordination of federal, state, and local emergency activities;</subsection><subsection number="53-2a-104(1)(c)(vii)">coordination of emergency operations plans with emergency plans of the federal government;</subsection><subsection number="53-2a-104(1)(c)(viii)">coordination of urban search and rescue activities;</subsection><subsection number="53-2a-104(1)(c)(ix)">coordination of rapid and efficient communications in times of emergency; and</subsection><subsection number="53-2a-104(1)(c)(x)">other measures necessary, incidental, or appropriate to this part;</subsection></subsection><subsection number="53-2a-104(1)(d)">coordinate with local officials, state agencies, and the business and public sectors in developing, implementing, and maintaining a state energy emergency plan in accordance with Section <xref depth="3" refnumber="53-2a-902" start="0">53-2a-902</xref>;</subsection><subsection number="53-2a-104(1)(e)">coordinate with state agencies regarding development and construction of state buildings within a flood plain to ensure compliance with minimum standards of the National Flood Insurance Program, 42 U.S.C. Chapter 50, Subchapter I, as described in Section <xref depth="3" refnumber="53-2a-106" start="0">53-2a-106</xref>;</subsection><subsection number="53-2a-104(1)(f)">administer <xref depth="2" refnumber="53-2a-6" start="2">Part 6, Disaster Recovery Funding Act</xref>, in accordance with that part;</subsection><subsection number="53-2a-104(1)(g)">conduct outreach annually to agencies and officials who have access to IPAWS; and</subsection><subsection number="53-2a-104(1)(h)">coordinate with counties to ensure every county has the access and ability to send, or a plan to send, IPAWS messages, including Wireless Emergency Alerts and Emergency Alert System messages.</subsection></subsection><subsection number="53-2a-104(2)">Every three years, organizations that have the ability to send IPAWS messages, including emergency service agencies, public safety answering points, and emergency managers shall send verification of Federal Emergency Management Agency training to the Division.</subsection><subsection number="53-2a-104(3)"><subsection number="53-2a-104(3)(a)">The Department of Public Safety shall designate state geographical regions and allow the political subdivisions within each region to:<subsection number="53-2a-104(3)(a)(i)">coordinate planning with other political subdivisions, tribal governments, and as appropriate, other entities within that region and with state agencies as appropriate, or as designated by the division;</subsection><subsection number="53-2a-104(3)(a)(ii)">coordinate grant management and resource purchases; and</subsection><subsection number="53-2a-104(3)(a)(iii)">organize joint emergency response training and exercises.</subsection></subsection><subsection number="53-2a-104(3)(b)">The political subdivisions within a region designated in Subsection <xref depth="4" refnumber="53-2a-104(3)(a)" start="0">(3)(a)</xref> may not establish the region as a new government entity in the emergency disaster declaration process under Section <xref depth="3" refnumber="53-2a-208" start="0">53-2a-208</xref>.</subsection></subsection><subsection number="53-2a-104(4)">The division may make rules in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, to:<subsection number="53-2a-104(4)(a)">establish protocol for prevention, mitigation, preparedness, response, recovery, and the activities described in Subsection <xref depth="4" refnumber="53-2a-104(3)" start="0">(3)</xref>;</subsection><subsection number="53-2a-104(4)(b)">coordinate federal, state, and local resources in a declared disaster or local emergency; and</subsection><subsection number="53-2a-104(4)(c)">implement provisions of the Emergency Management Assistance Compact as provided in Section <xref depth="3" refnumber="53-2a-402" start="0">53-2a-402</xref> and <xref depth="2" refnumber="53-2a-3" start="0">Title 53, Chapter 2a, Part 3, Statewide Mutual Aid Act</xref>.</subsection></subsection><subsection number="53-2a-104(5)">The division may consult with the Legislative Management Committee, the Judicial Council, and legislative and judicial staff offices to assist the division in preparing emergency succession plans and procedures under <xref depth="2" refnumber="53-2a-8" start="0">Title 53, Chapter 2a, Part 8, Emergency Interim Succession Act</xref>.</subsection></section><section number="53-2a-105"><histories><history>Amended by Chapter <modchap sess="2024GS">506</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Emergency Management Administration Council created -- Function -- Composition -- Expenses.</catchline><subsection number="53-2a-105(1)">There is created the Emergency Management Administration Council to:<subsection number="53-2a-105(1)(a)">provide advice and coordination for state and local government agencies on government emergency prevention, mitigation, preparedness, response, and recovery actions and activities;</subsection><subsection number="53-2a-105(1)(b)">review the progress and status of the statewide mutual aid system as defined in Section <xref depth="3" refnumber="53-2a-302">53-2a-302</xref>;</subsection><subsection number="53-2a-105(1)(c)">assist in developing methods to track and evaluate activation of the statewide mutual aid system; and</subsection><subsection number="53-2a-105(1)(d)">examine issues facing participating political subdivisions, as defined in Section <xref depth="3" refnumber="53-2a-302">53-2a-302</xref>, regarding implementation of the statewide mutual aid system.</subsection></subsection><subsection number="53-2a-105(2)">The council shall develop comprehensive guidelines and procedures that address the operation of the statewide mutual aid system, including:<subsection number="53-2a-105(2)(a)">projected or anticipated costs of responding to emergencies;</subsection><subsection number="53-2a-105(2)(b)">checklists for requesting and providing assistance;</subsection><subsection number="53-2a-105(2)(c)">record keeping for participating political subdivisions;</subsection><subsection number="53-2a-105(2)(d)">reimbursement procedures and other necessary implementation elements and necessary forms for requests; and</subsection><subsection number="53-2a-105(2)(e)">other records documenting deployment and return of assets.</subsection></subsection><subsection number="53-2a-105(3)">The council may prepare an annual report on the condition and effectiveness of the statewide mutual aid system, make recommendations for correcting any deficiencies, and submit the report to the Political Subdivisions Interim Committee.</subsection><subsection number="53-2a-105(4)">The council shall meet at the call of the chair, but at least semiannually.</subsection><subsection number="53-2a-105(5)">The council shall be made up of the:<subsection number="53-2a-105(5)(a)">lieutenant governor, or the lieutenant governor's designee;</subsection><subsection number="53-2a-105(5)(b)">attorney general, or the attorney general's designee;</subsection><subsection number="53-2a-105(5)(c)">heads of the following state agencies, or their designees:<subsection number="53-2a-105(5)(c)(i)">Department of Public Safety;</subsection><subsection number="53-2a-105(5)(c)(ii)">Division of Emergency Management;</subsection><subsection number="53-2a-105(5)(c)(iii)">Department of Transportation;</subsection><subsection number="53-2a-105(5)(c)(iv)">Department of Health;</subsection><subsection number="53-2a-105(5)(c)(v)">Department of Environmental Quality;</subsection><subsection number="53-2a-105(5)(c)(vi)">Department of Workforce Services;</subsection><subsection number="53-2a-105(5)(c)(vii)">Department of Natural Resources;</subsection><subsection number="53-2a-105(5)(c)(viii)">Department of Agriculture and Food;</subsection><subsection number="53-2a-105(5)(c)(ix)">Division of Technology Services; and</subsection><subsection number="53-2a-105(5)(c)(x)">Division of Indian Affairs;</subsection></subsection><subsection number="53-2a-105(5)(d)">adjutant general of the National Guard or the adjutant general's designee;</subsection><subsection number="53-2a-105(5)(e)">statewide interoperability coordinator of the Utah Communications Authority or the coordinator's designee;</subsection><subsection number="53-2a-105(5)(f)">two representatives with expertise in emergency management appointed by the Utah League of Cities and Towns;</subsection><subsection number="53-2a-105(5)(g)">two representatives with expertise in emergency management appointed by the Utah Association of Counties;</subsection><subsection number="53-2a-105(5)(h)">up to four additional members with expertise in emergency management, critical infrastructure, or key resources as these terms are defined under 6 U.S.C. Sec. 101 appointed from the private sector, by the co-chairs of the council;</subsection><subsection number="53-2a-105(5)(i)">two representatives appointed by the Utah Emergency Management Association;</subsection><subsection number="53-2a-105(5)(j)">one representative from the Urban Area Working Group, appointed by the council co-chairs;</subsection><subsection number="53-2a-105(5)(k)">one representative from education, appointed by the council co-chairs; and</subsection><subsection number="53-2a-105(5)(l)">one representative from a volunteer or faith-based organization, appointed by the council co-chairs.</subsection></subsection><subsection number="53-2a-105(6)">The commissioner and the lieutenant governor shall serve as co-chairs of the council.</subsection><subsection number="53-2a-105(7)">A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:<subsection number="53-2a-105(7)(a)">Section <xref depth="3" refnumber="63A-3-106">63A-3-106</xref>;</subsection><subsection number="53-2a-105(7)(b)">Section <xref depth="3" refnumber="63A-3-107">63A-3-107</xref>; and</subsection><subsection number="53-2a-105(7)(c)">rules made by the Division of Finance pursuant to Sections <xref depth="3" refnumber="63A-3-106">63A-3-106</xref> and <xref depth="3" refnumber="63A-3-107">63A-3-107</xref>.</subsection></subsection><subsection number="53-2a-105(8)">The council shall coordinate with existing emergency management related entities including:<subsection number="53-2a-105(8)(a)">the Emergency Management Regional Committees established by the Department of Public Safety; and</subsection><subsection number="53-2a-105(8)(b)">the Hazardous Chemical Emergency Response Commission designated under Section <xref depth="3" refnumber="53-2a-703">53-2a-703</xref>.</subsection></subsection><subsection number="53-2a-105(9)">The council may appoint additional members or establish other committees and task forces as determined necessary by the council to carry out the duties of the council.</subsection></section><section number="53-2a-106"><histories><history>Enacted by Chapter <modchap sess="2021GS">106</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Coordination for state development in a flood plain.</catchline><tab/>Any state agency that plans to develop or construct a building within a flood plain shall consult and coordinate with the division to ensure compliance with minimum standards of the National Flood Insurance Program, 42 U.S.C. Chapter 50, Subchapter I.</section></part><part number="53-2a-2"><catchline>Disaster Response and Recovery Act</catchline><section number="53-2a-201"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Title.</catchline><tab/>This part is known as the "Disaster Response and Recovery Act." </section><section number="53-2a-202"><histories><history>Amended by Chapter <modchap sess="2015GS">258</modchap>, 2015 General Session</history><modyear>2015</modyear></histories><catchline>Legislative findings -- Purpose.</catchline><subsection number="53-2a-202(1)"> The Legislature finds that existing and increasing threats of the occurrence of destructive disasters resulting from attack, internal disturbance, natural phenomenon or technological hazard could greatly affect the health, safety, and welfare of the people of this state, and it is therefore necessary to grant to the governor of this state and its political subdivisions special emergency disaster authority.</subsection><subsection number="53-2a-202(2)"> It is the purpose of this act to assist the governor of this state and its political subdivisions to effectively provide emergency disaster response and recovery assistance in order to protect the lives and property of the people.</subsection></section><section number="53-2a-203"><histories><history>Amended by Chapter <modchap sess="2023GS">16</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="53-2a-203(1)"> "Chief executive officer" means: <subsection number="53-2a-203(1)(a)"> for a municipality:<subsection number="53-2a-203(1)(a)(i)"> the mayor for a municipality operating under all forms of municipal government except the council-manager form of government; or</subsection><subsection number="53-2a-203(1)(a)(ii)"> the city manager for a municipality operating under the council-manager form of government;</subsection></subsection><subsection number="53-2a-203(1)(b)"> for a county:<subsection number="53-2a-203(1)(b)(i)"> the chair of the county commission for a county operating under the county commission or expanded county commission form of government;</subsection><subsection number="53-2a-203(1)(b)(ii)"> the county executive officer for a county operating under the county-executive council form of government; or</subsection><subsection number="53-2a-203(1)(b)(iii)"> the county manager for a county operating under the council-manager form of government;</subsection></subsection><subsection number="53-2a-203(1)(c)"> for a special service district:<subsection number="53-2a-203(1)(c)(i)"> the chief executive officer of the county or municipality that created the special service district if authority has not been delegated to an administrative control board as provided in Section <xref depth="3" refnumber="17D-1-301" start="0">17D-1-301</xref>;</subsection><subsection number="53-2a-203(1)(c)(ii)"> the chair of the administrative control board to which authority has been delegated as provided in Section <xref depth="3" refnumber="17D-1-301" start="0">17D-1-301</xref>; or</subsection><subsection number="53-2a-203(1)(c)(iii)"> the general manager or other officer or employee to whom authority has been delegated by the governing body of the special service district as provided in Section <xref depth="3" refnumber="17D-1-301" start="0">17D-1-301</xref>; or</subsection></subsection><subsection number="53-2a-203(1)(d)"> for a special district:<subsection number="53-2a-203(1)(d)(i)"> the chair of the board of trustees selected as provided in Section <xref depth="3" refnumber="17B-1-309" start="0">17B-1-309</xref>; or</subsection><subsection number="53-2a-203(1)(d)(ii)"> the general manager or other officer or employee to whom authority has been delegated by the board of trustees.</subsection></subsection></subsection><subsection number="53-2a-203(2)"> "Executive action" means any of the following actions by the governor during a state of emergency: <subsection number="53-2a-203(2)(a)"> an order, a rule, or a regulation made by the governor as described in Section <xref depth="3" refnumber="53-2a-209" start="0">53-2a-209</xref>;</subsection><subsection number="53-2a-203(2)(b)"> an action by the governor to suspend or modify a statute as described in Subsection <xref depth="4" refnumber="53-2a-204(1)(j)" start="0">53-2a-204(1)(j)</xref>; or</subsection><subsection number="53-2a-203(2)(c)"> an action by the governor to suspend the enforcement of a statute as described in Subsection <xref depth="4" refnumber="53-2a-209(4)" start="0">53-2a-209(4)</xref>.</subsection></subsection><subsection number="53-2a-203(3)"> "Exigent circumstances" means a significant change in circumstances following the expiration of a state of emergency declared in accordance with this chapter that: <subsection number="53-2a-203(3)(a)"> substantially increases the threat to public safety or health relative to the circumstances in existence when the state of emergency expired;</subsection><subsection number="53-2a-203(3)(b)"> poses an imminent threat to public safety or health; and</subsection><subsection number="53-2a-203(3)(c)"> was not known or foreseen and could not have been known or foreseen at the time the state of emergency expired.</subsection></subsection><subsection number="53-2a-203(4)"> "Legislative emergency response committee" means the Legislative Emergency Response Committee created in Section <xref depth="3" refnumber="53-2a-218" start="0">53-2a-218</xref>.</subsection><subsection number="53-2a-203(5)"> "Local emergency" means a condition in any municipality or county of the state which requires that emergency assistance be provided by the affected municipality or county or another political subdivision to save lives and protect property within its jurisdiction in response to a disaster, or to avoid or reduce the threat of a disaster.</subsection><subsection number="53-2a-203(6)"> "Long-term state of emergency" means a state of emergency: <subsection number="53-2a-203(6)(a)"> that lasts longer than 30 days; or</subsection><subsection number="53-2a-203(6)(b)"> declared to respond to exigent circumstances as described in Subsection <xref depth="4" refnumber="53-2a-206(3)" start="0">53-2a-206(3)</xref>.</subsection></subsection><subsection number="53-2a-203(7)"> "Political subdivision" means a municipality, county, special service district, or special district.</subsection></section><section number="53-2a-204"><histories><history>Amended by Chapter <modchap sess="2021GS">437</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Authority of governor -- Federal assistance -- Fraud or willful misstatement in application for financial assistance -- Penalty.</catchline><subsection number="53-2a-204(1)"> In addition to any other authorities conferred upon the governor, if the governor issues an executive order declaring a state of emergency, subject to limitation by the Legislature as described in Subsection <xref depth="4" refnumber="53-2a-206(5)" start="0">53-2a-206(5)</xref>, the governor may: <subsection number="53-2a-204(1)(a)"> utilize all available resources of state government as reasonably necessary to cope with a state of emergency;</subsection><subsection number="53-2a-204(1)(b)"> employ measures and give direction to state and local officers and agencies that are reasonable and necessary for the purpose of securing compliance with the provisions of this part and with orders, rules, and regulations made pursuant to this part;</subsection><subsection number="53-2a-204(1)(c)"> recommend and advise the evacuation of all or part of the population from any stricken or threatened area within the state if necessary for the preservation of life;</subsection><subsection number="53-2a-204(1)(d)"> recommend routes, modes of transportation, and destination in connection with evacuation;</subsection><subsection number="53-2a-204(1)(e)"> in connection with evacuation, suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, and combustibles, not to include the lawful bearing of arms;</subsection><subsection number="53-2a-204(1)(f)"> control ingress and egress to and from a disaster area, the movement of persons within the area, and recommend the occupancy or evacuation of premises in a disaster area;</subsection><subsection number="53-2a-204(1)(g)"> clear or remove from publicly or privately owned land or water debris or wreckage that is an immediate threat to public health, public safety, or private property, including allowing an employee of a state department or agency designated by the governor to enter upon private land or waters and perform any tasks necessary for the removal or clearance operation if the political subdivision, corporation, organization, or individual that is affected by the removal of the debris or wreckage:<subsection number="53-2a-204(1)(g)(i)"> presents an unconditional authorization for removal of the debris or wreckage from private property; and</subsection><subsection number="53-2a-204(1)(g)(ii)"> agrees to indemnify the state against any claim arising from the removal of the debris or wreckage;</subsection></subsection><subsection number="53-2a-204(1)(h)"> enter into agreement with any agency of the United States:<subsection number="53-2a-204(1)(h)(i)"> for temporary housing units to be occupied by victims of a state of emergency or persons who assist victims of a state of emergency; and</subsection><subsection number="53-2a-204(1)(h)(ii)"> to make the housing units described in Subsection <xref depth="4" refnumber="53-2a-204(1)(h)(i)" start="0">(1)(h)(i)</xref> available to a political subdivision of this state;</subsection></subsection><subsection number="53-2a-204(1)(i)"> assist any political subdivision of this state to acquire sites and utilities necessary for temporary housing units described in Subsection <xref depth="4" refnumber="53-2a-204(1)(h)(i)" start="0">(1)(h)(i)</xref> by passing through any funds made available to the governor by an agency of the United States for this purpose;</subsection><subsection number="53-2a-204(1)(j)"> subject to Sections <xref depth="3" refnumber="53-2a-209" start="0">53-2a-209</xref> and <xref depth="3" refnumber="53-2a-214" start="0">53-2a-214</xref>, temporarily suspend or modify by executive order, during the state of emergency, any public health, safety, zoning, transportation, or other requirement of a statute or administrative rule within this state if such action is essential to provide temporary housing described in Subsection <xref depth="4" refnumber="53-2a-204(1)(h)(i)" start="0">(1)(h)(i)</xref>;</subsection><subsection number="53-2a-204(1)(k)"> upon determination that a political subdivision of the state will suffer a substantial loss of tax and other revenues because of a state of emergency and the political subdivision so affected has demonstrated a need for financial assistance to perform its governmental functions, in accordance with <ext_ref type="Utah Constitution">Utah Constitution, Article XIV, Sections 3</ext_ref> and 4, and Section <xref depth="3" refnumber="10-8-6" start="0">10-8-6</xref>:<subsection number="53-2a-204(1)(k)(i)"> apply to the federal government for a loan on behalf of the political subdivision if the amount of the loan that the governor applies for does not exceed 25% of the annual operating budget of the political subdivision for the fiscal year in which the state of emergency occurs; and</subsection><subsection number="53-2a-204(1)(k)(ii)"> receive and disburse the amount of the loan to the political subdivision;</subsection></subsection><subsection number="53-2a-204(1)(l)"> accept funds from the federal government and make grants to any political subdivision for the purpose of removing debris or wreckage from publicly owned land or water;</subsection><subsection number="53-2a-204(1)(m)"> upon determination that financial assistance is essential to meet expenses related to a state of emergency of individuals or families adversely affected by the state of emergency that cannot be sufficiently met from other means of assistance, apply for, accept, and expend a grant by the federal government to fund the financial assistance, subject to the terms and conditions imposed upon the grant;</subsection><subsection number="53-2a-204(1)(n)"> recommend to the Legislature other actions the governor considers to be necessary to address a state of emergency; or</subsection><subsection number="53-2a-204(1)(o)"> authorize the use of all water sources as necessary for fire suppression.</subsection></subsection><subsection number="53-2a-204(2)"> A person who fraudulently or willfully makes a misstatement of fact in connection with an application for financial assistance under this section shall, upon conviction of each offense, be subject to a fine of not more than $5,000 or imprisonment for not more than one year, or both.</subsection></section><section number="53-2a-205"><histories><history>Amended by Chapter <modchap sess="2022GS">39</modchap>, 2022 General Session</history><modyear>2022</modyear></histories><catchline>Authority of chief executive officers of political subdivisions -- Ordering of evacuations.</catchline><subsection number="53-2a-205(1)"><subsection number="53-2a-205(1)(a)"> In order to protect life and property when a state of emergency or local emergency has been declared, subject to limitation by the Legislature as described in Subsection <xref depth="4" refnumber="53-2a-206(5)" start="0">53-2a-206(5)</xref>, and subject to Section <xref depth="3" refnumber="53-2a-216" start="0">53-2a-216</xref>, the chief executive officer of each political subdivision of the state is authorized to:<subsection number="53-2a-205(1)(a)(i)"> carry out, in the chief executive officer's jurisdiction, the measures as may be ordered by the governor under this part; and</subsection><subsection number="53-2a-205(1)(a)(ii)"> take any additional measures the chief executive officer may consider necessary, subject to the limitations and provisions of this part.</subsection></subsection><subsection number="53-2a-205(1)(b)"> The chief executive officer may not take an action that is inconsistent with any order, rule, regulation, or action of the governor.</subsection><subsection number="53-2a-205(1)(c)"> A chief executive officer of a municipality may not exercise powers under this chapter to respond to an epidemic or a pandemic.</subsection></subsection><subsection number="53-2a-205(2)"> Subject to Section <xref depth="3" refnumber="53-2a-216" start="0">53-2a-216</xref>, when a state of emergency or local emergency is declared, the authority of the chief executive officer includes: <subsection number="53-2a-205(2)(a)"> utilizing all available resources of the political subdivision as reasonably necessary to manage a state of emergency or local emergency;</subsection><subsection number="53-2a-205(2)(b)"> employing measures and giving direction to local officers and agencies which are reasonable and necessary for the purpose of securing compliance with the provisions of this part and with orders, rules, and regulations made under this part;</subsection><subsection number="53-2a-205(2)(c)"> if necessary for the preservation of life, issuing an order for the evacuation of all or part of the population from any stricken or threatened area within the political subdivision;</subsection><subsection number="53-2a-205(2)(d)"> recommending routes, modes of transportation, and destinations in relation to an evacuation;</subsection><subsection number="53-2a-205(2)(e)"> suspending or limiting the sale, dispensing, or transportation of alcoholic beverages, explosives, and combustibles in relation to an evacuation, except that the chief executive officer may not restrict the lawful bearing of arms;</subsection><subsection number="53-2a-205(2)(f)"> controlling ingress and egress to and from a disaster area, controlling the movement of persons within a disaster area, and ordering the occupancy or evacuation of premises in a disaster area;</subsection><subsection number="53-2a-205(2)(g)"> clearing or removing debris or wreckage that may threaten public health, public safety, or private property from publicly or privately owned land or waters, except that where there is no immediate threat to public health or safety, the chief executive officer shall not exercise this authority in relation to privately owned land or waters unless:<subsection number="53-2a-205(2)(g)(i)"> the owner authorizes the employees of designated local agencies to enter upon the private land or waters to perform any tasks necessary for the removal or clearance; and</subsection><subsection number="53-2a-205(2)(g)(ii)"> the owner provides an unconditional authorization for removal of the debris or wreckage and agrees to indemnify the local and state government against any claim arising from the removal; and</subsection></subsection><subsection number="53-2a-205(2)(h)"> invoking the provisions of any mutual aid agreement entered into by the political subdivision.</subsection></subsection><subsection number="53-2a-205(3)"><subsection number="53-2a-205(3)(a)"> If the chief executive is unavailable to issue an order for evacuation under Subsection <xref depth="4" refnumber="53-2a-205(2)(c)" start="0">(2)(c)</xref>, the chief law enforcement officer having jurisdiction for the area may issue an urgent order for evacuation, for a period not to exceed 36 hours, if the order is necessary for the preservation of life.</subsection><subsection number="53-2a-205(3)(b)"> The chief executive officer may ratify, modify, or revoke the chief law enforcement officer's order.</subsection></subsection><subsection number="53-2a-205(4)"> Notice of an order or the ratification, modification, or revocation of an order issued under this section shall be: <subsection number="53-2a-205(4)(a)"> given to the persons within the jurisdiction by the most effective and reasonable means available; and</subsection><subsection number="53-2a-205(4)(b)"> filed in accordance with Subsection <xref depth="4" refnumber="53-2a-209(1)" start="0">53-2a-209(1)</xref>.</subsection></subsection></section><section number="53-2a-206"><histories><history>Amended by Chapter <modchap sess="2024GS">381</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>State of emergency -- Declaration -- Termination -- Commander in chief of military forces.</catchline><subsection number="53-2a-206(1)">A state of emergency may be declared by executive order of the governor if the governor finds a disaster has occurred or the occurrence or threat of a disaster is imminent in any area of the state in which state government assistance is required to supplement the response and recovery efforts of the affected political subdivision or political subdivisions.</subsection><subsection number="53-2a-206(2)"><subsection number="53-2a-206(2)(a)">Except as provided in Subsection (2)(b), a state of emergency described in Subsection (1) expires at the earlier of:<subsection number="53-2a-206(2)(a)(i)">the day on which the governor finds that the threat or danger has passed or the disaster reduced to the extent that emergency conditions no longer exist;</subsection><subsection number="53-2a-206(2)(a)(ii)">30 days after the date on which the governor declared the state of emergency; or</subsection><subsection number="53-2a-206(2)(a)(iii)">the day on which the Legislature terminates the state of emergency by joint resolution.</subsection></subsection><subsection number="53-2a-206(2)(b)"><subsection number="53-2a-206(2)(b)(i)">The Legislature may, by joint resolution, extend a state of emergency for a time period designated in the joint resolution.</subsection><subsection number="53-2a-206(2)(b)(ii)">If the Legislature extends a state of emergency in accordance with this subsection, the state of emergency expires on the date designated in the joint resolution.</subsection></subsection><subsection number="53-2a-206(2)(c)">Except as provided in Subsection (3), if a state of emergency expires as described in Subsection (2), the governor may not declare a new state of emergency for the same disaster or occurrence as the expired state of emergency.</subsection></subsection><subsection number="53-2a-206(3)"><subsection number="53-2a-206(3)(a)">After a state of emergency expires in accordance with Subsection (2), and subject to Subsection (4), the governor may declare a new state of emergency in response to the same disaster or occurrence as the expired state of emergency, if the governor finds that exigent circumstances exist.</subsection><subsection number="53-2a-206(3)(b)">A state of emergency declared in accordance with Subsection (3)(a) expires in accordance with Subsections (2)(a) and (b).</subsection><subsection number="53-2a-206(3)(c)">After a state of emergency declared in accordance with Subsection (3)(a) expires, the governor may not declare a new state of emergency in response to the same disaster or occurrence as the expired state of emergency, regardless of whether exigent circumstances exist.</subsection></subsection><subsection number="53-2a-206(4)"><subsection number="53-2a-206(4)(a)"><subsection number="53-2a-206(4)(a)(i)">If the Legislature finds that emergency conditions warrant the extension of a state of emergency beyond 30 days as described in Subsection (2)(b), the Legislature may extend the state of emergency and specify which emergency powers described in this part are necessary to respond to the emergency conditions present at the time of the extension of the state of emergency.</subsection><subsection number="53-2a-206(4)(a)(ii)">Circumstances that may warrant the extension of a state of emergency with limited emergency powers include:<subsection number="53-2a-206(4)(a)(ii)(A)">the imminent threat of the emergency has passed, but continued fiscal response remains necessary; or</subsection><subsection number="53-2a-206(4)(a)(ii)(B)">emergency conditions warrant certain executive actions, but certain emergency powers such as suspension of enforcement of statute are not necessary.</subsection></subsection></subsection><subsection number="53-2a-206(4)(b)">For any state of emergency extended by the Legislature beyond 30 days as described in Subsection (2)(b), the Legislature may, by joint resolution:<subsection number="53-2a-206(4)(b)(i)">extend the state of emergency and maintain all of the emergency powers described in this part; or</subsection><subsection number="53-2a-206(4)(b)(ii)">limit or restrict certain emergency powers of:<subsection number="53-2a-206(4)(b)(ii)(A)">the division as described in Section <xref depth="3" refnumber="53-2a-104">53-2a-104</xref>;</subsection><subsection number="53-2a-206(4)(b)(ii)(B)">the governor as described in Section <xref depth="3" refnumber="53-2a-204">53-2a-204</xref>;</subsection><subsection number="53-2a-206(4)(b)(ii)(C)">a chief executive officer of a political subdivision as described in Section <xref depth="3" refnumber="53-2a-205">53-2a-205</xref>; or</subsection><subsection number="53-2a-206(4)(b)(ii)(D)">other executive emergency powers described in this chapter.</subsection></subsection></subsection><subsection number="53-2a-206(4)(c)">If the Legislature limits emergency powers as described in Subsection (4)(b), the Legislature shall:<subsection number="53-2a-206(4)(c)(i)">include in the joint resolution findings describing the nature and current conditions of the emergency that warrant the continuation or limitation of certain emergency powers; and</subsection><subsection number="53-2a-206(4)(c)(ii)">clearly enumerate and describe in the joint resolution which powers:<subsection number="53-2a-206(4)(c)(ii)(A)">are being limited or restricted; or</subsection><subsection number="53-2a-206(4)(c)(ii)(B)">shall remain in force.</subsection></subsection></subsection></subsection><subsection number="53-2a-206(5)">If the Legislature terminates a state of emergency by joint resolution, the governor shall issue an executive order ending the state of emergency on receipt of the Legislature's resolution.</subsection><subsection number="53-2a-206(6)">An executive order described in this section to declare a state of emergency shall state:<subsection number="53-2a-206(6)(a)">the nature of the state of emergency;</subsection><subsection number="53-2a-206(6)(b)">the area or areas threatened; and</subsection><subsection number="53-2a-206(6)(c)">the conditions creating such an emergency or those conditions allowing termination of the state of emergency.</subsection></subsection><subsection number="53-2a-206(7)">During the continuance of any state of emergency the governor is commander in chief of the military forces of the state in accordance with Utah Constitution Article VII, Section 4, and Title 39A, National Guard and Militia Act.</subsection></section><section number="53-2a-207"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Expenditures authorized by "state of emergency" declaration.</catchline><subsection number="53-2a-207(1)"><subsection number="53-2a-207(1)(a)"> The director may use funds authorized under this part to provide:<subsection number="53-2a-207(1)(a)(i)"> transportation to and from the disaster scene;</subsection><subsection number="53-2a-207(1)(a)(ii)"> accommodations at the disaster scene for prolonged incidents; and</subsection><subsection number="53-2a-207(1)(a)(iii)"> emergency purchase of response equipment and supplies in direct support of a disaster.</subsection></subsection><subsection number="53-2a-207(1)(b)"> The commissioner may authorize the use of funds accrued under <xref depth="2" refid="C53-2a-P10_1800010118000101" refnumber="53-2a-10" start="0">Title 53, Chapter 2a, Part 10, Energy Emergency Powers of the Governor Act</xref>, only if the governor declares a state of emergency as provided under this part.</subsection></subsection><subsection number="53-2a-207(2)"> These funds may not be allocated to a political subdivision unless the political subdivision has demonstrated that it is beyond its capability to respond to the disaster and that no other resources are available in sufficient amount to meet the disaster.</subsection></section><section number="53-2a-208"><histories><history>Amended by Chapter <modchap sess="2024GS">438</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Local emergency -- Declarations -- Termination of a local emergency.</catchline><subsection number="53-2a-208(1)"><subsection number="53-2a-208(1)(a)">Except as provided in Subsection (1)(b), a chief executive officer of a municipality or county may declare by proclamation a state of emergency if the chief executive officer finds:<subsection number="53-2a-208(1)(a)(i)">a disaster has occurred or the occurrence or threat of a disaster is imminent in an area of the municipality or county; and</subsection><subsection number="53-2a-208(1)(a)(ii)">the municipality or county requires additional assistance to supplement the response and recovery efforts of the municipality or county.</subsection></subsection><subsection number="53-2a-208(1)(b)">A chief executive officer of a municipality may not declare by proclamation a state of emergency in response to an epidemic or a pandemic.</subsection></subsection><subsection number="53-2a-208(2)">A declaration of a local emergency:<subsection number="53-2a-208(2)(a)">constitutes an official recognition that a disaster situation exists within the affected municipality or county;</subsection><subsection number="53-2a-208(2)(b)">provides a legal basis for requesting and obtaining mutual aid or disaster assistance from other political subdivisions or from the state or federal government;</subsection><subsection number="53-2a-208(2)(c)">activates the response and recovery aspects of any and all applicable local disaster emergency plans; and</subsection><subsection number="53-2a-208(2)(d)">authorizes the furnishing of aid and assistance in relation to the proclamation.</subsection></subsection><subsection number="53-2a-208(3)">A local emergency proclamation issued under this section shall state:<subsection number="53-2a-208(3)(a)">the nature of the local emergency;</subsection><subsection number="53-2a-208(3)(b)">the area or areas that are affected or threatened; and</subsection><subsection number="53-2a-208(3)(c)">the conditions which caused the emergency.</subsection></subsection><subsection number="53-2a-208(4)">The emergency declaration process within the state shall be as follows:<subsection number="53-2a-208(4)(a)">a city or town, shall declare to the county;</subsection><subsection number="53-2a-208(4)(b)">a county shall declare to the state;</subsection><subsection number="53-2a-208(4)(c)">the state shall declare to the federal government; and</subsection><subsection number="53-2a-208(4)(d)">a tribe, as defined in Section <xref depth="3" refnumber="23A-1-202">23A-1-202</xref>, shall declare as determined under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. Sec. 5121 et seq.</subsection></subsection><subsection number="53-2a-208(5)">Nothing in this part affects:<subsection number="53-2a-208(5)(a)">the governor's authority to declare a state of emergency under Section <xref depth="3" refnumber="53-2a-206">53-2a-206</xref>; or</subsection><subsection number="53-2a-208(5)(b)">the duties, requests, reimbursements, or other actions taken by a political subdivision participating in the state-wide mutual aid system pursuant to Title 53, Chapter 2a, Part 3, Statewide Mutual Aid Act.</subsection></subsection><subsection number="53-2a-208(6)"><subsection number="53-2a-208(6)(a)">Except as provided in Subsection (6)(b), a state of emergency described in Subsection (1) expires the earlier of:<subsection number="53-2a-208(6)(a)(i)">the day on which the chief executive officer finds that:<subsection number="53-2a-208(6)(a)(i)(A)">the threat or danger has passed;</subsection><subsection number="53-2a-208(6)(a)(i)(B)">the disaster reduced to the extent that emergency conditions no longer exist; or</subsection><subsection number="53-2a-208(6)(a)(i)(C)">the municipality or county no longer requires state government assistance to supplement the response and recovery efforts of the municipality or county;</subsection></subsection><subsection number="53-2a-208(6)(a)(ii)">30 days after the day on which the chief executive officer declares the state of emergency; or</subsection><subsection number="53-2a-208(6)(a)(iii)">the day on which the legislative body of the municipality or county terminates the state of emergency by majority vote.</subsection></subsection><subsection number="53-2a-208(6)(b)"><subsection number="53-2a-208(6)(b)(i)"><subsection number="53-2a-208(6)(b)(i)(A)">The legislative body of a municipality may at any time terminate by majority vote a state of emergency declared by the chief executive officer of the municipality.</subsection><subsection number="53-2a-208(6)(b)(i)(B)">The legislative body of a county may at any time terminate by majority vote a state of emergency declared by the chief executive officer of the county.</subsection></subsection><subsection number="53-2a-208(6)(b)(ii)">The legislative body of a municipality or county may by majority vote extend a state of emergency for a time period stated in the motion.</subsection><subsection number="53-2a-208(6)(b)(iii)">If the legislative body of a municipality or county extends a state of emergency in accordance with this subsection, the state of emergency expires on the date designated by the legislative body in the motion.</subsection><subsection number="53-2a-208(6)(b)(iv)">An action by a legislative body of a municipality or county to terminate a state of emergency as described in this Subsection (6)(b) is not subject to veto by the relevant chief executive officer.</subsection></subsection><subsection number="53-2a-208(6)(c)">Except as provided in Subsection (7), after a state of emergency expires in accordance with this Subsection (6), the chief executive officer may not declare a new state of emergency in response to the same disaster or occurrence as the expired state of emergency.</subsection></subsection><subsection number="53-2a-208(7)"><subsection number="53-2a-208(7)(a)">After a state of emergency expires in accordance with Subsection (6), the chief executive officer may declare a new state of emergency in response to the same disaster or occurrence as the expired state of emergency, if the chief executive officer finds that exigent circumstances exist.</subsection><subsection number="53-2a-208(7)(b)">A state of emergency declared in accordance with Subsection (7)(a) expires in accordance with Subsections (6)(a) and (b).</subsection><subsection number="53-2a-208(7)(c)">After a state of emergency declared in accordance with Subsection (7)(a) expires, the chief executive officer may not declare a new state of emergency in response to the same disaster or occurrence as the expired state of emergency, regardless of whether exigent circumstances exist.</subsection></subsection></section><section number="53-2a-209"><histories><history>Amended by Chapter <modchap sess="2021GS">437</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Orders, rules, and regulations having force of law -- Filing requirements -- Suspension of state agency rules -- Suspension of enforcement of certain statutes during a state of emergency.</catchline><subsection number="53-2a-209(1)"> Subject to Section <xref depth="3" refnumber="53-2a-216" start="0">53-2a-216</xref>, all orders, rules, and regulations promulgated by the governor, a municipality, a county, or other agency authorized by this part to make orders, rules, and regulations, not in conflict with existing laws except as specifically provided in this section, shall have the full force and effect of law during the state of emergency.</subsection><subsection number="53-2a-209(2)"> A copy of the order, rule, or regulation promulgated under Subsection <xref depth="4" refnumber="53-2a-209(1)" start="0">(1)</xref> shall be filed as soon as practicable with: <subsection number="53-2a-209(2)(a)"> the Office of Administrative Rules, if issued by the governor or a state agency; or</subsection><subsection number="53-2a-209(2)(b)"> the office of the clerk of the municipality or county, if issued by the chief executive officer of a municipality or county.</subsection></subsection><subsection number="53-2a-209(3)"> The governor may suspend the provisions of any order, rule, or regulation of any state agency, if the strict compliance with the provisions of the order, rule, or regulation would substantially prevent, hinder, or delay necessary action in coping with the emergency or disaster.</subsection><subsection number="53-2a-209(4)"><subsection number="53-2a-209(4)(a)"> Except as provided in Subsection <xref depth="4" refnumber="53-2a-209(4)(b)" start="0">(4)(b)</xref> and subject to Subsections <xref depth="4" refnumber="53-2a-209(4)(c)" start="0">(4)(c)</xref> and <xref depth="4" refnumber="53-2a-209(4)(d)" start="0">(d)</xref>, the governor may by executive order suspend the enforcement of a statute if:<subsection number="53-2a-209(4)(a)(i)"> the governor declares a state of emergency in accordance with Section <xref depth="3" refnumber="53-2a-206" start="0">53-2a-206</xref>;</subsection><subsection number="53-2a-209(4)(a)(ii)"> the governor determines that suspending the enforcement of the statute is: <subsection number="53-2a-209(4)(a)(ii)(A)"> directly related to the state of emergency described in Subsection <xref depth="4" refnumber="53-2a-209(4)(a)(i)" start="0">(4)(a)(i)</xref>; and</subsection><subsection number="53-2a-209(4)(a)(ii)(B)"> necessary to address the state of emergency described in Subsection <xref depth="4" refnumber="53-2a-209(4)(a)(i)" start="0">(4)(a)(i)</xref>;</subsection></subsection><subsection number="53-2a-209(4)(a)(iii)"> the executive order: <subsection number="53-2a-209(4)(a)(iii)(A)"> describes how the suspension of the enforcement of the statute is:<subsection number="53-2a-209(4)(a)(iii)(A)(I)"> directly related to the state of emergency described in Subsection <xref depth="4" refnumber="53-2a-209(4)(a)(i)" start="0">(4)(a)(i)</xref>; and</subsection><subsection number="53-2a-209(4)(a)(iii)(A)(II)"> necessary to address the state of emergency described in Subsection <xref depth="4" refnumber="53-2a-209(4)(a)(i)" start="0">(4)(a)(i)</xref>; and</subsection></subsection><subsection number="53-2a-209(4)(a)(iii)(B)"> provides the citation of the statute that is the subject of suspended enforcement;</subsection></subsection><subsection number="53-2a-209(4)(a)(iv)"> the governor acts in good faith;</subsection><subsection number="53-2a-209(4)(a)(v)"> the governor provides notice of the suspension of the enforcement of the statute to the speaker of the House of Representatives and the president of the Senate no later than 24 hours after suspending the enforcement of the statute; and</subsection><subsection number="53-2a-209(4)(a)(vi)"> the governor makes the report required by Section <xref depth="3" refnumber="53-2a-210" start="0">53-2a-210</xref>.</subsection></subsection><subsection number="53-2a-209(4)(b)"><subsection number="53-2a-209(4)(b)(i)"> Except as provided in Subsection <xref depth="4" refnumber="53-2a-209(4)(b)(ii)" start="0">(4)(b)(ii)</xref>, the governor may not suspend the enforcement of a criminal penalty created in statute.</subsection><subsection number="53-2a-209(4)(b)(ii)"> The governor may suspend the enforcement of a misdemeanor or infraction if: <subsection number="53-2a-209(4)(b)(ii)(A)"> the misdemeanor or infraction relates to food, health, or transportation; and</subsection><subsection number="53-2a-209(4)(b)(ii)(B)"> the requirements of Subsection <xref depth="4" refnumber="53-2a-209(4)(a)" start="0">(4)(a)</xref> are met.</subsection></subsection></subsection><subsection number="53-2a-209(4)(c)"> A suspension described in this Subsection <xref depth="4" refnumber="53-2a-209(4)" start="0">(4)</xref> terminates no later than the date the governor terminates the state of emergency in accordance with Section <xref depth="3" refnumber="53-2a-206" start="0">53-2a-206</xref> to which the suspension relates.</subsection><subsection number="53-2a-209(4)(d)"> The governor:<subsection number="53-2a-209(4)(d)(i)"> shall provide the notice required by Subsection <xref depth="4" refnumber="53-2a-209(4)(a)(v)" start="0">(4)(a)(v)</xref> using the best available method under the circumstances as determined by the governor;</subsection><subsection number="53-2a-209(4)(d)(ii)"> may provide the notice required by Subsection <xref depth="4" refnumber="53-2a-209(4)(a)(v)" start="0">(4)(a)(v)</xref> in electronic format; and</subsection><subsection number="53-2a-209(4)(d)(iii)"> shall provide the notice in written form, if practicable.</subsection></subsection><subsection number="53-2a-209(4)(e)"> If circumstances prevent the governor from providing notice to the speaker of the House of Representatives or the president of the Senate, notice shall be provided in the best available method to the presiding member of the respective body as is reasonable.</subsection></subsection></section><section number="53-2a-210"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Reporting on the suspension or modification of certain statutes or rules or the suspension of the enforcement of a statute.</catchline><subsection number="53-2a-210(1)"> The governor and the Department of Public Safety shall report the following to the Legislative Management Committee: <subsection number="53-2a-210(1)(a)"> a suspension or modification of a statute or rule under Subsection <xref depth="4" refid="C53-2a-S204_1800010118000101" refnumber="53-2a-204(1)(j)" start="0">53-2a-204(1)(j)</xref>; or</subsection><subsection number="53-2a-210(1)(b)"> a suspension of the enforcement of a statute under Subsection <xref depth="4" refid="C53-2a-S209_1800010118000101" refnumber="53-2a-209(3)" start="0">53-2a-209(3)</xref>.</subsection></subsection><subsection number="53-2a-210(2)"> The governor and the Department of Public Safety shall make the report required by this section on or before the sooner of: <subsection number="53-2a-210(2)(a)"> the day on which the governor calls the Legislature into session; or</subsection><subsection number="53-2a-210(2)(b)"> seven days after the date the governor declares the state of emergency to which the suspension or modification relates.</subsection></subsection><subsection number="53-2a-210(3)"> The Legislative Management Committee shall review the suspension or modification of a statute or rule or the suspension of the enforcement of a statute described in Subsection <xref depth="4" refid="C53-2a-S210_1800010118000101" refnumber="53-2a-210(1)" start="0">(1)</xref> and may: <subsection number="53-2a-210(3)(a)"> recommend:<subsection number="53-2a-210(3)(a)(i)"> that the governor continue the suspension or modification of the statute or rule or the suspension of the enforcement of the statute; and</subsection><subsection number="53-2a-210(3)(a)(ii)"> the length of the suspension or modification of the statute or rule or the suspension of the enforcement of the statute;</subsection></subsection><subsection number="53-2a-210(3)(b)"> recommend that the governor terminate the suspension or modification of the statute or rule or the suspension of the enforcement of the statute; or</subsection><subsection number="53-2a-210(3)(c)"> recommend to the governor that the governor call a special session of the Legislature to review and approve or reject the suspension or modification of the statute or rule or the suspension of the enforcement of the statute.</subsection></subsection></section><section number="53-2a-211"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Acquisition of property for public use -- Compensation of owners.</catchline><subsection number="53-2a-211(1)"><subsection number="53-2a-211(1)(a)"> Upon proclamation of a state of emergency, the governor may purchase or lease public or private property for public use including:<subsection number="53-2a-211(1)(a)(i)"> food and medical supplies;</subsection><subsection number="53-2a-211(1)(a)(ii)"> clothing;</subsection><subsection number="53-2a-211(1)(a)(iii)"> shelter;</subsection><subsection number="53-2a-211(1)(a)(iv)"> means of transportation;</subsection><subsection number="53-2a-211(1)(a)(v)"> fuels;</subsection><subsection number="53-2a-211(1)(a)(vi)"> oils; or</subsection><subsection number="53-2a-211(1)(a)(vii)"> buildings or lands.</subsection></subsection><subsection number="53-2a-211(1)(b)"> The governor may not purchase private home storage nor privately owned arms.</subsection></subsection><subsection number="53-2a-211(2)"><subsection number="53-2a-211(2)(a)"> The governor may use property purchased under authority of this section for any purpose to meet the needs of an emergency, including its use to relieve want, distress, and disease.</subsection><subsection number="53-2a-211(2)(b)"> Any property used by the governor to meet the needs of an emergency is a public use.</subsection></subsection><subsection number="53-2a-211(3)"><subsection number="53-2a-211(3)(a)"> The governor shall compensate the owner of property taken or used under authority of this section by complying with the procedures established in <xref depth="2" refid="C78B-6-P5_1800010118000101" refnumber="78B-6-5" start="0">Title 78B, Chapter 6, Part 5, Eminent Domain</xref>.</subsection><subsection number="53-2a-211(3)(b)"> The governor shall pay for those purchases or leases from the funds available to the Division of Emergency Management under:<subsection number="53-2a-211(3)(b)(i)"> this part; or</subsection><subsection number="53-2a-211(3)(b)(ii)"><xref depth="2" refid="C53-2a-P6_1800010118000101" refnumber="53-2a-6" start="0">Title 53, Chapter 2a, Part 6, Disaster Recovery Funding Act</xref>, to the extent provided for in that part.</subsection></subsection></subsection><subsection number="53-2a-211(4)"> Nothing in this section applies to or authorizes compensation for the destruction or damage of standing timber or other property in order to provide a fire break or to the release of waters or the breach of impoundments in order to reduce pressure or other danger from actual or threatened flood.</subsection></section><section number="53-2a-212"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Interstate agreements authorized -- Termination -- Mutual-aid compacts between subdivisions.</catchline><subsection number="53-2a-212(1)"> The governor is authorized to execute an interstate agreement or compact on behalf of this state with any other state or states only consistent with the powers herein granted concerning matters relating to a disaster affecting or likely to affect this state.</subsection><subsection number="53-2a-212(2)"> The agreement or compact shall continue in force and remain binding on each party state until the Legislature or the governor of a party state takes action to withdraw. The action is not effective until 30 days after notice thereof has been sent by the governor of such party state desiring to withdraw to the governors of all other party states.</subsection><subsection number="53-2a-212(3)"> Political subdivisions are authorized to enter into mutual-aid compacts with other political subdivisions within the state of Utah concerning matters involving cooperative disaster response and recovery assistance support, consistent with this chapter.</subsection></section><section number="53-2a-213"><histories><history>Amended by Chapter <modchap sess="2022GS">39</modchap>, 2022 General Session</history><modyear>2022</modyear></histories><catchline>Authority additional to other emergency authority.</catchline><subsection number="53-2a-213(1)"> The special disaster emergency authority vested in the governor and political subdivisions of the state pursuant to this part shall be in addition to, and not in lieu of, any other emergency authority otherwise constitutionally or statutorily vested in the governor and political subdivisions of the state.</subsection><subsection number="53-2a-213(2)"> The provisions of this chapter supersede and preempt any provision of law of a political subdivision of the state pertaining to disaster and emergency response.</subsection></section><section number="53-2a-214"><histories><history>Amended by Chapter <modchap sess="2025GS">173</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Prohibition of restrictions on and confiscation of a firearm or ammunition during an emergency.</catchline><subsection number="53-2a-214(1)">As used in this section:<subsection number="53-2a-214(1)(a)"><subsection number="53-2a-214(1)(a)(i)">"Confiscate" means for an individual in Utah to intentionally deprive another of a privately owned firearm.</subsection><subsection number="53-2a-214(1)(a)(ii)">"Confiscate" does not include the taking of a firearm from an individual:<subsection number="53-2a-214(1)(a)(ii)(A)">in self-defense;</subsection><subsection number="53-2a-214(1)(a)(ii)(B)">possessing a firearm while the individual is committing a felony or misdemeanor; or</subsection><subsection number="53-2a-214(1)(a)(ii)(C)">who may not, under state or federal law, possess the firearm.</subsection></subsection></subsection><subsection number="53-2a-214(1)(b)">"Firearm" has the same meaning as defined in Section <xref refnumber="76-11-101" depth="4">76-11-101</xref>.</subsection></subsection><subsection number="53-2a-214(2)">During a declared state of emergency or local emergency under this part:<subsection number="53-2a-214(2)(a)">neither the governor nor an agency of a governmental entity or political subdivision of the state may impose restrictions, which were not in force before the declared state of emergency, on the lawful possession, transfer, sale, transport, storage, display, or use of a firearm or ammunition; and</subsection><subsection number="53-2a-214(2)(b)">an individual, while acting or purporting to act on behalf of the state or a political subdivision of the state, may not confiscate a privately owned firearm of another individual.</subsection></subsection><subsection number="53-2a-214(3)">A law or regulation passed during a declared state of emergency that does not relate specifically to the lawful possession or use of a firearm and that has attached criminal penalties may not be used to justify the confiscation of a firearm from an individual acting in defense of self, property, or others when on:<subsection number="53-2a-214(3)(a)">the individual's private property; or</subsection><subsection number="53-2a-214(3)(b)">the private property of another as an invitee.</subsection></subsection><subsection number="53-2a-214(4)"><subsection number="53-2a-214(4)(a)">An individual who has a firearm confiscated in violation of Subsection <xref depth="4" refid="C53-2a-S214_1800010118000101" refnumber="53-2a-214(2)" start="0">(2)</xref> may bring a civil action in a court having the appropriate jurisdiction:<subsection number="53-2a-214(4)(a)(i)">for damages, in the maximum amount of $10,000, against a person who violates Subsection <xref depth="4" refid="C53-2a-S214_1800010118000101" refnumber="53-2a-214(2)" start="0">(2)</xref>;</subsection><subsection number="53-2a-214(4)(a)(ii)">for a civil penalty, in the amount of $5,000 per violation, against a person who violates Subsection <xref depth="4" refid="C53-2a-S214_1800010118000101" refnumber="53-2a-214(2)" start="0">(2)</xref>; and</subsection><subsection number="53-2a-214(4)(a)(iii)">for return of the confiscated firearm.</subsection></subsection><subsection number="53-2a-214(4)(b)">As used in this Subsection <xref depth="4" refid="C53-2a-S214_1800010118000101" refnumber="53-2a-214(4)" start="0">(4)</xref>, "person" means an individual, the governmental entity on whose behalf the individual is acting or purporting to act, or both the individual and the governmental entity.</subsection></subsection><subsection number="53-2a-214(5)"><subsection number="53-2a-214(5)(a)">A law enforcement officer is not subject to disciplinary action for refusing to confiscate a firearm under this section if:<subsection number="53-2a-214(5)(a)(i)">ordered or directed to do so by a superior officer; and</subsection><subsection number="53-2a-214(5)(a)(ii)">by obeying the order or direction, the law enforcement officer would be committing a violation of this section.</subsection></subsection><subsection number="53-2a-214(5)(b)">For purposes of this Subsection <xref depth="4" refid="C53-2a-S214_1800010118000101" refnumber="53-2a-214(5)" start="0">(5)</xref>, disciplinary action might include:<subsection number="53-2a-214(5)(b)(i)">dismissal, suspension, or demotion;</subsection><subsection number="53-2a-214(5)(b)(ii)">loss of or decrease in benefits, pay, privileges or conditions of employment; and</subsection><subsection number="53-2a-214(5)(b)(iii)">any type of written or electronic indication, permanent or temporary, on the officer's personnel record of the officer's refusal to obey the unlawful order.</subsection></subsection></subsection><subsection number="53-2a-214(6)"><subsection number="53-2a-214(6)(a)">If a law enforcement officer commits a violation of this section, the officer's liability in an action brought under Subsection <xref depth="4" refid="C53-2a-S214_1800010118000101" refnumber="53-2a-214(4)(a)" start="0">(4)(a)</xref> is limited to 5% of the damages and civil penalty allowed under Subsection <xref depth="4" refid="C53-2a-S214_1800010118000101" refnumber="53-2a-214(4)(a)" start="0">(4)(a)</xref> if the officer can show by clear and convincing evidence that the officer was obeying a direct and unlawful order from a superior officer or authority.</subsection><subsection number="53-2a-214(6)(b)">The court shall assess the balance of the damages and civil penalty, the remaining 95%, against the superior officer or authority who ordered or directed the confiscation in violation of this section.</subsection></subsection></section><section number="53-2a-215"><histories><history>Amended by Chapter <modchap sess="2021GS">437</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Requirements for long-term emergency response -- Notice.</catchline><subsection number="53-2a-215(1)"><subsection number="53-2a-215(1)(a)"><subsection number="53-2a-215(1)(a)(i)"> Except as provided in Subsection <xref depth="4" refnumber="53-2a-215(2)" start="0">(2)</xref>, and in accordance with Subsection <xref depth="4" refnumber="53-2a-215(1)(b)" start="0">(1)(b)</xref>, during a long-term state of emergency, the governor may not take an executive action in response to the emergency until the governor has provided notice of the proposed action to the legislative emergency response committee no later than 24 hours before the governor issues the executive action.</subsection><subsection number="53-2a-215(1)(a)(ii)"> The governor: <subsection number="53-2a-215(1)(a)(ii)(A)"> shall provide the notice required by Subsection <xref depth="4" refnumber="53-2a-215(1)(a)(i)" start="0">(1)(a)(i)</xref> using the best available method under the circumstances as determined by the governor;</subsection><subsection number="53-2a-215(1)(a)(ii)(B)"> may provide the notice required by Subsection <xref depth="4" refnumber="53-2a-215(1)(a)(i)" start="0">(1)(a)(i)</xref> in electronic format; and</subsection><subsection number="53-2a-215(1)(a)(ii)(C)"> shall provide the notice in written form, if practicable.</subsection></subsection></subsection><subsection number="53-2a-215(1)(b)"> Except for any conflicting provision in this section, the governor shall comply with the requirements of this chapter to take an executive action in response to a long-term emergency.</subsection><subsection number="53-2a-215(1)(c)"> If the governor takes executive action in response to a long-term emergency as described in this Subsection <xref depth="4" refnumber="53-2a-215(1)" start="0">(1)</xref>, the governor is not required to provide:<subsection number="53-2a-215(1)(c)(i)"> the notice described in Subsection <xref depth="4" refnumber="53-2a-209(4)(a)(v)" start="0">53-2a-209(4)(a)(v)</xref>; or</subsection><subsection number="53-2a-215(1)(c)(ii)"> the report described in Section <xref depth="3" refnumber="53-2a-210" start="0">53-2a-210</xref>.</subsection></subsection></subsection><subsection number="53-2a-215(2)"><subsection number="53-2a-215(2)(a)"> The governor may take executive action in response during a long-term emergency without complying with Subsection <xref depth="4" refnumber="53-2a-215(1)" start="0">(1)</xref> only if the governor finds that:<subsection number="53-2a-215(2)(a)(i)"> there is an imminent threat of serious bodily injury, loss of life, or substantial harm to property; and</subsection><subsection number="53-2a-215(2)(a)(ii)"> compliance with Subsection <xref depth="4" refnumber="53-2a-215(1)" start="0">(1)</xref> would increase the threat of serious bodily injury, loss of life, or substantial harm to property.</subsection></subsection><subsection number="53-2a-215(2)(b)"> If the governor takes executive action in response to a long-term emergency without complying with the requirements of Subsection <xref depth="4" refnumber="53-2a-215(1)(a)" start="0">(1)(a)</xref>, the governor shall provide in the executive action an explanation why the requirements of Subsection <xref depth="4" refnumber="53-2a-215(1)(a)" start="0">(1)(a)</xref> were not met.</subsection></subsection><subsection number="53-2a-215(3)"> This section supersedes any conflicting provisions of Utah law.</subsection><subsection number="53-2a-215(4)"> Notwithstanding any other provision of law, the governor may not suspend the application or enforcement of this section.</subsection></section><section number="53-2a-216"><histories><history>Amended by Chapter <modchap sess="2021GS">437</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Termination of an executive action or directive.</catchline><subsection number="53-2a-216(1)"> The Legislature may at any time terminate by joint resolution: <subsection number="53-2a-216(1)(a)"> an order, a rule, ordinance, or action by a chief executive officer of a county or municipality as described in Section <xref depth="3" refnumber="53-2a-205" start="0">53-2a-205</xref> in response to a state of emergency that has been in effect for more than 30 days;</subsection><subsection number="53-2a-216(1)(b)"> a local declaration of emergency described in Section <xref depth="3" refnumber="53-2a-208" start="0">53-2a-208</xref> that has been in effect for more than 30 days;</subsection><subsection number="53-2a-216(1)(c)"> an order, a rule, or a regulation made by the governor, a municipality, county, or other agency as described in Section <xref depth="3" refnumber="53-2a-209" start="0">53-2a-209</xref>;</subsection><subsection number="53-2a-216(1)(d)"> an action by the governor to suspend the enforcement of a statute as described in Subsection <xref depth="4" refnumber="53-2a-209(4)" start="0">53-2a-209(4)</xref>; or</subsection><subsection number="53-2a-216(1)(e)"> an executive action as described in Section <xref depth="3" refnumber="53-2a-215" start="0">53-2a-215</xref>.</subsection></subsection><subsection number="53-2a-216(2)"> Notwithstanding any other provision of law, the governor may not suspend the application or enforcement of this section.</subsection></section><section number="53-2a-218"><histories><history>Amended by Chapter <modchap sess="2023GS">328</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Legislative Emergency Response Committee.</catchline><subsection number="53-2a-218(1)"> There is created an ad hoc committee known as the Legislative Emergency Response Committee.</subsection><subsection number="53-2a-218(2)"><subsection number="53-2a-218(2)(a)"> The committee membership includes:<subsection number="53-2a-218(2)(a)(i)"> the same membership as the Executive Appropriations Committee as constituted at the time the committee is convened;</subsection><subsection number="53-2a-218(2)(a)(ii)"> between four and six additional members designated by the speaker of the House of Representatives, chosen from the following: <subsection number="53-2a-218(2)(a)(ii)(A)"> one or more members of the House of Representatives that serve as chair or vice-chair of a legislative committee with a subject matter focus relevant to the current emergency;</subsection><subsection number="53-2a-218(2)(a)(ii)(B)"> one or more members of the House of Representatives with relevant expertise or experience relevant to the current emergency; or</subsection><subsection number="53-2a-218(2)(a)(ii)(C)"> one or more members of the House of Representatives from a minority party that serves on a relevant legislative committee or that has expertise and experience relevant to the current emergency; and</subsection></subsection><subsection number="53-2a-218(2)(a)(iii)"> between four and six additional members designated by the president of the Senate, chosen from the following: <subsection number="53-2a-218(2)(a)(iii)(A)"> one or more members of the Senate that serve as chair or vice-chair of a legislative committee with a subject matter focus relevant to the current emergency;</subsection><subsection number="53-2a-218(2)(a)(iii)(B)"> one or more members of the Senate with relevant expertise or experience relevant to the current emergency; or</subsection><subsection number="53-2a-218(2)(a)(iii)(C)"> one or more members of the Senate from a minority party that serves on a relevant legislative committee or that has expertise and experience relevant to the current emergency.</subsection></subsection></subsection><subsection number="53-2a-218(2)(b)"> The speaker of the House of Representatives and the president of the Senate shall coordinate to ensure they each appoint the same number of legislators as described under Subsections <xref depth="4" refnumber="53-2a-218(2)(a)(ii)" start="0">(2)(a)(ii)</xref> and <xref depth="4" refnumber="53-2a-218(2)(a)(iii)" start="0">(iii)</xref>.</subsection></subsection><subsection number="53-2a-218(3)"> The speaker of the House of Representatives and the president of the Senate shall serve as chairs of the committee.</subsection><subsection number="53-2a-218(4)"> The Office of Legislative Research and General Counsel shall provide staff support to the committee.</subsection><subsection number="53-2a-218(5)"><subsection number="53-2a-218(5)(a)"> If the governor declares a state of emergency as described in this chapter, and the governor finds that the emergency conditions warrant an extension of the state of emergency beyond the 30-day term or another date designated by the Legislature as described in Section <xref depth="3" refnumber="53-2a-206" start="0">53-2a-206</xref>, the governor shall provide written notice to the speaker of the House of Representatives and the president of the Senate at least 10 days before the expiration of the state of emergency.</subsection><subsection number="53-2a-218(5)(b)"> If the speaker of the House of Representatives and the president of the Senate receive notice as described in Subsection <xref depth="4" refnumber="53-2a-218(5)(a)" start="0">(5)(a)</xref> for a state of emergency within the first 30 days from the initial declaration of the state of emergency, or from the Department of Health and Human Services as described in Section <xref depth="3" refnumber="26B-7-317" start="0">26B-7-317</xref>, or from a local health department as described in Section <xref depth="3" refnumber="26A-1-121" start="0">26A-1-121</xref>, the speaker of the House of Representatives and the president of the Senate:<subsection number="53-2a-218(5)(b)(i)"> shall poll the members of their respective bodies to determine whether the Legislature will extend the state of emergency; and</subsection><subsection number="53-2a-218(5)(b)(ii)"> may jointly convene the committee.</subsection></subsection><subsection number="53-2a-218(5)(c)"> If the speaker of the House of Representatives and the president of the Senate receive notice as described in Subsection <xref depth="4" refnumber="53-2a-218(5)(a)" start="0">(5)(a)</xref> for a state of emergency that has been extended beyond 30 days from the initial declaration of a state of emergency, the speaker of the House of Representatives and the president of the Senate shall jointly convene the committee.</subsection></subsection><subsection number="53-2a-218(6)"> If the committee is convened as described in Subsection <xref depth="4" refnumber="53-2a-218(5)" start="0">(5)</xref>, the committee shall conduct a public meeting to: <subsection number="53-2a-218(6)(a)"> discuss the nature of the emergency and conditions of the emergency;</subsection><subsection number="53-2a-218(6)(b)"> evaluate options for emergency response;</subsection><subsection number="53-2a-218(6)(c)"> receive testimony from individuals with expertise relevant to the current emergency;</subsection><subsection number="53-2a-218(6)(d)"> receive testimony from members of the public; and</subsection><subsection number="53-2a-218(6)(e)"> provide a recommendation to the Legislature whether to extend the state of emergency by joint resolution.</subsection></subsection></section><section number="53-2a-219"><histories><history>Enacted by Chapter <modchap sess="2021GS">437</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Religious practice during a state of emergency.</catchline><subsection number="53-2a-219(1)"> During a state of emergency declared as described in this chapter: <subsection number="53-2a-219(1)(a)"> the governor or chief executive officer of a political subdivision may not impose a restriction on a religious gathering that is more restrictive than a restriction on any other relevantly similar gathering; and</subsection><subsection number="53-2a-219(1)(b)"> an individual, while acting or purporting to act within the course and scope of the individual's official government capacity, may not:<subsection number="53-2a-219(1)(b)(i)"> prevent a religious gathering that is held in a manner consistent with any order or restriction issued pursuant to this part; or</subsection><subsection number="53-2a-219(1)(b)(ii)"> impose a penalty for a previous religious gathering that was held in a manner consistent with any order or restriction issued pursuant to this part.</subsection></subsection></subsection><subsection number="53-2a-219(2)"> Upon proper grounds, a court of competent jurisdiction may grant an injunction to prevent the violation of this section.</subsection><subsection number="53-2a-219(3)"> During a state of emergency declared as described in this title, the governor or the chief executive of a political subdivision shall not issue an executive order or impose or implement a regulation that substantially burdens an individual's exercise of religion unless the governor or chief executive officer of the political subdivision demonstrates that the application of the burden to the individual: <subsection number="53-2a-219(3)(a)"> is in furtherance of a compelling government interest; and</subsection><subsection number="53-2a-219(3)(b)"> is the least restrictive means of furthering that compelling government interest.</subsection></subsection><subsection number="53-2a-219(4)"> Notwithstanding Subsections <xref depth="4" refnumber="53-2a-219(1)" start="0">(1)</xref> and <xref depth="4" refnumber="53-2a-219(3)" start="0">(3)</xref>, an executive order shall allow reasonable accommodations for an individual to perform or participate in a religious practice or rite.</subsection></section><section number="53-2a-221"><histories><history>Enacted by Chapter <modchap sess="2022GS">38</modchap>, 2022 General Session</history><modyear>2022</modyear></histories><catchline>State and local disaster response personnel.</catchline><subsection number="53-2a-221(1)"> As used in this section: <subsection number="53-2a-221(1)(a)"> "Local disaster response personnel" means a local government employee who, in accordance with this section, is reassigned duties in order to respond to a disaster.</subsection><subsection number="53-2a-221(1)(b)"> "Local government" means a municipality or county.</subsection><subsection number="53-2a-221(1)(c)"> "State agency" means any department or unit of Utah state government with authority to employ personnel.</subsection><subsection number="53-2a-221(1)(d)"> "State disaster response personnel" means an employee of a state agency or local government who, in accordance with this section, is reassigned duties in order to respond to a disaster.</subsection></subsection><subsection number="53-2a-221(2)"><subsection number="53-2a-221(2)(a)"> If the governor declares a state of emergency under Section <xref depth="3" refnumber="53-2a-206" start="0">53-2a-206</xref>, an employee of a state agency is, subject to Subsection <xref depth="4" refnumber="53-2a-221(6)" start="0">(6)</xref>, a state disaster response personnel for the duration of the declared state of emergency.</subsection><subsection number="53-2a-221(2)(b)"> If a chief executive officer of a municipality or county declares a local emergency under Section <xref depth="3" refnumber="53-2a-208" start="0">53-2a-208</xref>, an employee of the municipality or county, respectively, is, subject to Subsection <xref depth="4" refnumber="53-2a-221(6)" start="0">(6)</xref>, a local disaster response personnel for the duration of the declared state of emergency.</subsection></subsection><subsection number="53-2a-221(3)"><subsection number="53-2a-221(3)(a)"> During a state emergency, a state disaster response personnel shall perform duties as assigned in accordance with an emergency operations plan adopted by the division under Section <xref depth="3" refnumber="53-2a-104" start="0">53-2a-104</xref>.</subsection><subsection number="53-2a-221(3)(b)"> During a local emergency, a local disaster response personnel shall perform duties as assigned in accordance with an emergency operations plan adopted by a county or municipality under Section <xref depth="3" refnumber="53-2a-1403" start="0">53-2a-1403</xref>.</subsection></subsection><subsection number="53-2a-221(4)"> After a declaration of emergency as described in Subsection <xref depth="4" refnumber="53-2a-221(2)(a)" start="0">(2)(a)</xref> or <xref depth="4" refnumber="53-2a-221(2)(b)" start="0">(2)(b)</xref>, the governor or chief officer may activate state or local disaster response personnel to report to work immediately.</subsection><subsection number="53-2a-221(5)"><subsection number="53-2a-221(5)(a)"> Notwithstanding Subsection <xref depth="4" refnumber="53-2a-221(4)" start="0">(4)</xref>, a state or local disaster response personnel may check on the security of the state or local disaster response personnel's immediate family before reporting to work.</subsection><subsection number="53-2a-221(5)(b)"> A plan described in Subsection <xref depth="4" refnumber="53-2a-221(3)(a)" start="0">(3)(a)</xref> or <xref depth="4" refnumber="53-2a-221(3)(b)" start="0">(3)(b)</xref> shall exempt a state agency or local government employee from acting as a state or local disaster response personnel, respectively, if:<subsection number="53-2a-221(5)(b)(i)"> the employee's immediate family is in imminent danger because of the disaster; or</subsection><subsection number="53-2a-221(5)(b)(ii)"> the employee's health precludes the employee from performing the duties otherwise assigned to that employee in accordance with the plan.</subsection></subsection><subsection number="53-2a-221(5)(c)"> An employee described in Subsection <xref depth="4" refnumber="53-2a-221(5)(b)(i)" start="0">(5)(b)(i)</xref> or <xref depth="4" refnumber="53-2a-221(5)(b)(ii)" start="0">(5)(b)(ii)</xref> is exempt only for the duration of the time the employee's immediate family is in imminent danger or the underlying cause of the employee's health concern exists.</subsection></subsection><subsection number="53-2a-221(6)"> An employee shall perform his or her assigned state or local disaster response personnel duties only for the duration of the declared state or local emergency, respectively, or until the disaster response duties are no longer needed, whichever occurs first.</subsection><subsection number="53-2a-221(7)"> A state or local disaster response personnel may not be assigned to perform duties: <subsection number="53-2a-221(7)(a)"> that are technical in nature unless the state or local disaster response personnel is trained to perform those duties; or</subsection><subsection number="53-2a-221(7)(b)"> that the state or local disaster response personnel is physically not capable of performing.</subsection></subsection><subsection number="53-2a-221(8)"> A state or local disaster response personnel may be relocated as necessary to respond to the disaster but only for the duration of the declared emergency.</subsection><subsection number="53-2a-221(9)"> A state agency or local government: <subsection number="53-2a-221(9)(a)"> may not decrease a state or local disaster response personnel's pay only because the state or local disaster response personnel is performing duties as assigned during the emergency;</subsection><subsection number="53-2a-221(9)(b)"> at the state agency's or local government's discretion, may increase a state or local disaster response personnel's pay; and</subsection><subsection number="53-2a-221(9)(c)"> shall reimburse a state or local disaster response personnel for incidentals incurred, including any relocation expenses, while the employee is performing his or her duties as a state or local disaster response personnel.</subsection></subsection></section><section number="53-2a-222"><histories><history>Enacted by Chapter <modchap sess="2024GS">152</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Control of local food.</catchline><subsection number="53-2a-222(1)">As used in this section, "local food" means the same as that term is defined in Section <xref depth="3" refnumber="4-1-109">4-1-109</xref>.</subsection><subsection number="53-2a-222(2)">Subject to the provisions of Title 13, Chapter 41, Price Controls During Emergencies Act, the governor, an executive branch agency, or a political subdivision may not control the distribution or sale price of local food in response to a state of emergency or local emergency.</subsection></section></part><part number="53-2a-3"><catchline>Statewide Mutual Aid Act</catchline><section number="53-2a-301"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Title.</catchline><tab/>This part is known as the "Statewide Mutual Aid Act." </section><section number="53-2a-302"><histories><history>Amended by Chapter <modchap sess="2023GS">16</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="53-2a-302(1)"> "Emergency responder": <subsection number="53-2a-302(1)(a)"> means a person in the public or private sector:<subsection number="53-2a-302(1)(a)(i)"> who has special skills, qualification, training, knowledge, or experience, whether or not possessing a license, certificate, permit, or other official recognition for the skills, qualification, training, knowledge, or experience, that would benefit a participating political subdivision in responding to a locally declared emergency or in an authorized drill or exercise; and</subsection><subsection number="53-2a-302(1)(a)(ii)"> whom a participating political subdivision requests or authorizes to assist in responding to a locally declared emergency or in an authorized drill or exercise; and</subsection></subsection><subsection number="53-2a-302(1)(b)"> includes:<subsection number="53-2a-302(1)(b)(i)"> a law enforcement officer;</subsection><subsection number="53-2a-302(1)(b)(ii)"> a firefighter;</subsection><subsection number="53-2a-302(1)(b)(iii)"> an emergency medical services worker;</subsection><subsection number="53-2a-302(1)(b)(iv)"> a physician, physician assistant, nurse, or other public health worker;</subsection><subsection number="53-2a-302(1)(b)(v)"> an emergency management official;</subsection><subsection number="53-2a-302(1)(b)(vi)"> a public works worker;</subsection><subsection number="53-2a-302(1)(b)(vii)"> a building inspector;</subsection><subsection number="53-2a-302(1)(b)(viii)"> an architect, engineer, or other design professional; or</subsection><subsection number="53-2a-302(1)(b)(ix)"> a person with specialized equipment operations skills or training or with any other skills needed to provide aid in a declared emergency.</subsection></subsection></subsection><subsection number="53-2a-302(2)"> "Participating political subdivision" means each county, municipality, public safety district, and public safety interlocal entity that has not adopted a resolution under Section <xref depth="3" refnumber="53-2a-306" start="0">53-2a-306</xref> withdrawing itself from the statewide mutual aid system.</subsection><subsection number="53-2a-302(3)"> "Public safety district" means a special district under <xref depth="0" refnumber="17B" start="0">Title 17B, Limited Purpose Local Government Entities - Special Districts</xref>, or special service district under <xref depth="1" refnumber="17D-1" start="0">Title 17D, Chapter 1, Special Service District Act</xref>, that provides public safety service.</subsection><subsection number="53-2a-302(4)"> "Public safety interlocal entity" means an interlocal entity under <xref depth="1" refnumber="11-13" start="0">Title 11, Chapter 13, Interlocal Cooperation Act</xref>, that provides public safety service.</subsection><subsection number="53-2a-302(5)"> "Public safety service" means a service provided to the public to protect life and property and includes fire protection, police protection, emergency medical service, and hazardous material response service.</subsection><subsection number="53-2a-302(6)"> "Requesting political subdivision" means a participating political subdivision that requests emergency assistance under Section <xref depth="3" refnumber="53-2a-207" start="0">53-2a-207</xref> from one or more other participating political subdivisions.</subsection><subsection number="53-2a-302(7)"> "Responding political subdivision" means a participating political subdivision that responds to a request under Section <xref depth="3" refnumber="53-2a-307" start="0">53-2a-307</xref> from a requesting political subdivision.</subsection><subsection number="53-2a-302(8)"> "State" means the state of Utah.</subsection><subsection number="53-2a-302(9)"> "Statewide mutual aid system" or "system" means the aggregate of all participating political subdivisions and the state.</subsection></section><section number="53-2a-304"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Withdrawal from the statewide mutual aid system.</catchline><tab/>A county, municipality, public safety district, or public safety interlocal entity may withdraw from the statewide mutual aid system by:<subsection number="53-2a-304(1)"> enacting a resolution declaring that it elects not to participate in the system; and</subsection><subsection number="53-2a-304(2)"> delivering a copy of the resolution to the director.</subsection></section><section number="53-2a-305"><histories><history>Amended by Chapter <modchap sess="2023GS">16</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Agreements not affected by this part.</catchline><tab/>Nothing in this part may be construed:<subsection number="53-2a-305(1)"> to limit the state, a county, municipality, special district, special service district, or interlocal entity from entering into an agreement allowed by law for public safety and related purposes; or</subsection><subsection number="53-2a-305(2)"> to affect an agreement to which the state, a county, municipality, special district, special service district, or interlocal entity is a party.</subsection></section><section number="53-2a-306"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Duties of the Division of Emergency Management and participating political subdivisions.</catchline><subsection number="53-2a-306(1)"> The division shall: <subsection number="53-2a-306(1)(a)"> receive and maintain an inventory of the state and local services, equipment, supplies, personnel, and other resources related to participation in <xref depth="2" refid="C53-2a-P4_1800010118000101" refnumber="53-2a-4" start="0">Title 53, Chapter 2a, Part 4, Emergency Management Assistance Compact</xref>, and this part; and</subsection><subsection number="53-2a-306(1)(b)"> make rules in accordance with <xref depth="1" refid="C63G-3_1800010118000101" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, to prepare and coordinate a process and plans so that the division may assist political subdivisions that are acting as agents of the state in mobilizing or demobilizing available assets in response to an intrastate or interstate disaster as provided in <xref depth="2" refid="C53-2a-P4_1800010118000101" refnumber="53-2a-4" start="0">Title 53, Chapter 2a, Part 4, Emergency Management Assistance Compact</xref>.</subsection></subsection><subsection number="53-2a-306(2)"> Each participating political subdivision in the Statewide Mutual Aid Act shall: <subsection number="53-2a-306(2)(a)"> identify potential hazards that could affect the participating political subdivision;</subsection><subsection number="53-2a-306(2)(b)"> conduct joint planning, intelligence sharing, and threat assessment development with contiguous participating political subdivisions and conduct joint training with them at least biennially;</subsection><subsection number="53-2a-306(2)(c)"> identify and inventory the services, equipment, supplies, personnel, and other resources related to participating political subdivision's planning, prevention, mitigation, response, and recovery activities; and</subsection><subsection number="53-2a-306(2)(d)"> adopt and implement the standardized incident management system approved by the division.</subsection></subsection></section><section number="53-2a-307"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Requests for disaster assistance or assistance with an authorized drill or exercise.</catchline><subsection number="53-2a-307(1)"> The state or a participating political subdivision may request another participating political subdivision to assist: <subsection number="53-2a-307(1)(a)"> in preventing, mitigating, responding to, or recovering from a disaster, if the requesting political subdivision declares a local emergency or the state has declared a state of emergency; or</subsection><subsection number="53-2a-307(1)(b)"> with a drill or exercise that the state or requesting political subdivision has authorized.</subsection></subsection><subsection number="53-2a-307(2)"> Each request under Subsection <xref depth="4" refid="C53-2a-S307_1800010118000101" refnumber="53-2a-307(1)" start="0">(1)</xref> shall be: <subsection number="53-2a-307(2)(a)"> made by the chief executive officer of the state or participating political subdivision or the officer's designee; and</subsection><subsection number="53-2a-307(2)(b)"> reported as soon as practical to the director.</subsection></subsection><subsection number="53-2a-307(3)"><subsection number="53-2a-307(3)(a)"> A request under Subsection <xref depth="4" refid="C53-2a-S307_1800010118000101" refnumber="53-2a-307(1)" start="0">(1)</xref> may be communicated orally or in writing.</subsection><subsection number="53-2a-307(3)(b)"> Each request communicated orally shall be reduced to writing and delivered to the other participating political subdivision:<subsection number="53-2a-307(3)(b)(i)"> as soon as practical; or</subsection><subsection number="53-2a-307(3)(b)(ii)"> within the number of days specified by the director.</subsection></subsection></subsection><subsection number="53-2a-307(4)"> In responding to a request under Subsection <xref depth="4" refid="C53-2a-S307_1800010118000101" refnumber="53-2a-307(1)" start="0">(1)</xref>, a responding political subdivision may: <subsection number="53-2a-307(4)(a)"> donate assets of any kind to a requesting political subdivision; and</subsection><subsection number="53-2a-307(4)(b)"> withhold its resources to the extent necessary to provide reasonable protection and services for its own residents.</subsection></subsection><subsection number="53-2a-307(5)"> The emergency response personnel, equipment, and other assets of a responding political subdivision or the state shall be under the operational control of the incident management system of the state or requesting political subdivision, except to the extent that the exercise of operational control would result in a violation of a policy, standard, procedure, or protocol of the responding political subdivision or of the state.</subsection></section><section number="53-2a-308"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Reimbursement -- Resolving reimbursement disputes.</catchline><subsection number="53-2a-308(1)"><subsection number="53-2a-308(1)(a)"> Each requesting political subdivision shall reimburse each responding political subdivision providing assistance to the requesting political subdivision for any loss or damage suffered or expense or cost incurred by a responding political subdivision in the operation of equipment or in providing a service in response to a request under Section <xref depth="3" refid="C53-2a-S307_1800010118000101" refnumber="53-2a-307" start="0">53-2a-307</xref>.</subsection><subsection number="53-2a-308(1)(b)"> Notwithstanding Subsection <xref depth="4" refid="C53-2a-S308_1800010118000101" refnumber="53-2a-308(1)(a)" start="0">(1)(a)</xref>, a responding political subdivision may, in its discretion:<subsection number="53-2a-308(1)(b)(i)"> assume some or all of the loss, damage, expense, or cost; or</subsection><subsection number="53-2a-308(1)(b)(ii)"> loan equipment or donate services to the requesting political subdivision without charge.</subsection></subsection></subsection><subsection number="53-2a-308(2)"><subsection number="53-2a-308(2)(a)"> A responding political subdivision may request reimbursement from a requesting political subdivision for the costs of providing disaster relief assistance.</subsection><subsection number="53-2a-308(2)(b)"> Each request for reimbursement shall comply with the procedures and criteria developed by the committee.</subsection></subsection><subsection number="53-2a-308(3)"> If a dispute concerning reimbursement arises between a requesting political subdivision and a responding political subdivision: <subsection number="53-2a-308(3)(a)"> the requesting political subdivision and responding political subdivision shall make every effort to resolve the dispute within 30 days after either provides written notice to the other of the other's noncompliance with applicable procedures or criteria; and</subsection><subsection number="53-2a-308(3)(b)"> if the dispute is not resolved within 90 days after the notice under Subsection <xref depth="4" refid="C53-2a-S308_1800010118000101" refnumber="53-2a-308(3)(a)" start="0">(3)(a)</xref>, either party may submit the dispute to the committee, whose decision shall be final.</subsection></subsection></section><section number="53-2a-309"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Personnel responding to requests for assistance.</catchline><subsection number="53-2a-309(1)"> Each person or entity holding a license, certificate, or other permit evidencing qualification in a professional, mechanical, or other skill and responding to a request from a requesting political subdivision shall, while providing assistance during a declared emergency or during an authorized drill or exercise, be considered to be licensed, certified, or permitted in the requesting political subdivision, except as limited by the chief executive officer of the requesting political subdivision.</subsection><subsection number="53-2a-309(2)"> Each law enforcement officer rendering aid as provided in this part under the authority of a state of emergency declared by the governor, whether inside or outside the officer's jurisdiction, has all law enforcement powers and the same privileges and immunities that the officer has in the officer's own jurisdiction.</subsection><subsection number="53-2a-309(3)"> Each employee of a responding political subdivision responding to a request by or giving assistance to a requesting political subdivision or the state as provided in this part: <subsection number="53-2a-309(3)(a)"> is entitled to:<subsection number="53-2a-309(3)(a)(i)"> all applicable workers compensation benefits for injury or death occurring as a result of the employee's participation in the response or assistance; and</subsection><subsection number="53-2a-309(3)(a)(ii)"> any additional state or federal benefits available for line of duty injury or death; and</subsection></subsection><subsection number="53-2a-309(3)(b)"> is, for purposes of liability, considered to be an employee of the requesting political subdivision.</subsection></subsection><subsection number="53-2a-309(4)"> Each responding political subdivision and its employees are immune from liability arising out of their actions in responding to a request from a requesting political subdivision to the extent provided in Section <xref depth="3" refid="C63G-7-S201_1800010118000101" refnumber="63G-7-201" start="0">63G-7-201</xref>.</subsection></section><section number="53-2a-310"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Severability.</catchline><tab/>A court order declaring any provision of this part unconstitutional or invalid may not be construed to affect the validity of any other provision of this part. </section></part><part number="53-2a-4"><catchline>Emergency Management Assistance Compact</catchline><section number="53-2a-401"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Title.</catchline><tab/>This part is known as the "Emergency Management Assistance Compact." </section><section number="53-2a-402"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Compact.</catchline><tab/>(1) Article I. Purposes and Authorities.<eol/><tab/>(1) (a) This compact is made and entered into by and between the participating member states which enact this compact, hereinafter called party states. For the purposes of this agreement, the term "states" is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all U.S. territorial possessions.<eol/><tab/>(b) The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the governor of the affected state, whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack.<eol/><tab/>(c) This compact shall also provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states' national guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states.<eol/><tab/>(2) Article II. General Implementation.<eol/><tab/>(2) (a) Each party state entering into this compact recognizes many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.<eol/><tab/>(b) The prompt, full, and effective utilization of resources of the participating states, including any resources on hand or available from the federal government or any other source, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all articles of this compact shall be understood.<eol/><tab/>(c) On behalf of the governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact.<eol/><tab/>(3) Article III. Party State Responsibilities.<eol/><tab/>(3) (a) It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans, and in carrying them out, the party states, insofar as practical, shall:<eol/><tab/>(i) review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency, or enemy attack;<eol/><tab/>(ii) review party states' individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency;<eol/><tab/>(iii) develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans;<eol/><tab/>(iv) assist in warning communities adjacent to or crossing the state boundaries;<eol/><tab/>(v) protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material;<eol/><tab/>(vi) inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness; and<eol/><tab/>(vii) provide, to the extent authorized by law, for temporary suspension of any statutes.<eol/><tab/>(b) The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. The provisions of this agreement shall only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within 30 days of the verbal request. Requests shall provide the following information:<eol/><tab/>(i) a description of the emergency service function for which assistance is needed, such as, but not limited to, fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue;<eol/><tab/>(ii) the amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed; and<eol/><tab/>(iii) the specific place and time for staging of the assisting party's response and a point of contact at that location.<eol/><tab/>(c) There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States government, with free exchange of information, plans, and resource records relating to emergency capabilities.<eol/><tab/>(4) Article IV. Limitations.<eol/><tab/>(4) (a) Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state.<eol/><tab/>(b) Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers, except that of arrest unless specifically authorized by the receiving state, duties, rights, and privileges as are afforded forces of the state in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the governor of the party state that is to receive assistance or commencement of exercises or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect, or loaned resources remain in the receiving state, whichever is longer.<eol/><tab/>(5) Article V. Licenses and Permits.<eol/><tab/>Whenever any person holds a license, certificate, or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party state, such person shall be deemed licensed, certified, or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the governor of the requesting state may prescribe by executive order or otherwise.<eol/><tab/>(6) Article VI. Liability.<eol/><tab/>Officers or employees of a party state rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes; and no party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article shall not include willful misconduct, gross negligence, or recklessness.<eol/><tab/>(7) Article VII. Supplementary Agreements.<eol/><tab/>Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that among the states that are party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies.<eol/><tab/>(8) Article VIII. Compensation.<eol/><tab/>Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state.<eol/><tab/>(9) Article IX. Reimbursement.<eol/><tab/>Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such requests; provided, that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost; and provided further, that any two or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VIII expenses shall not be reimbursable under this provision.<eol/><tab/>(10) Article X. Evacuation.<eol/><tab/>(10) (a) Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant shall be worked out and maintained between the party states and the emergency management or services directors of the various jurisdictions where any type of incident requiring evacuations might occur.<eol/><tab/>(b) Such plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors.<eol/><tab/>(c) Such plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care, and like items. Such expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of such evacuees.<eol/><tab/>(11) Article XI. Implementation.<eol/><tab/>(11) (a) This compact shall become operative immediately upon its enactment into law by any two states; thereafter, this compact shall become effective as to any other state upon its enactment by such state.<eol/><tab/>(b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until 30 days after the governor of the withdrawing state has given notice in writing of such withdrawal to the governors of all other party states. Such action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal.<eol/><tab/>(c) Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the federal emergency management agency and other appropriate agencies of the United States government.<eol/><tab/>(12) Article XII. Validity.<eol/><tab/>This part shall be construed to effectuate the purposes stated in Article I hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this part and the applicability thereof to other persons and circumstances shall not be affected thereby.<eol/><tab/>(13) Article XIII. Additional Provisions.<eol/><tab/>Nothing in this compact shall authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would in the absence of express statutory authorization be prohibited under Section 1385 of Title 18, United States Code.</section><section number="53-2a-403"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Authority of governor to join compact.</catchline><tab/>The governor of Utah is authorized and directed to execute a compact on behalf of this state with any other state or states joining the Emergency Management Assistance Compact as provided in Section <xref depth="3" refid="C53-2a-S402_1800010118000101" refnumber="53-2a-402" start="0">53-2a-402</xref>. </section></part><part number="53-2a-5"><catchline>Interstate Emergency Responder Mutual Aid Agreement</catchline><section number="53-2a-501"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Title.</catchline><tab/>This part is known as "Interstate Emergency Responder Mutual Aid Agreement." </section><section number="53-2a-502"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="53-2a-502(1)"> "Claim" has the same definition as in the following sections, as applicable: <subsection number="53-2a-502(1)(a)"> Section 6-902, Idaho Code; or</subsection><subsection number="53-2a-502(1)(b)"> Section <xref depth="3" refid="C63G-7-S102_1800010118000101" refnumber="63G-7-102" start="0">63G-7-102</xref>, Utah Code Annotated.</subsection></subsection><subsection number="53-2a-502(2)"> "Emergency": <subsection number="53-2a-502(2)(a)"> means a situation where it reasonably appears that the life or safety of a person is at peril or real or personal property is at risk of destruction or loss;</subsection><subsection number="53-2a-502(2)(b)"> includes disasters, fires, persons who are lost or missing, boats that are sinking or are in danger of sinking, medical situations where care is needed, and transportation of persons by ambulance; and</subsection><subsection number="53-2a-502(2)(c)"> is not limited in duration to a discrete period of time.</subsection></subsection><subsection number="53-2a-502(3)"><subsection number="53-2a-502(3)(a)"> "Emergency responder" means a person whose duties include providing services to protect property or the life or safety of any person and who is:<subsection number="53-2a-502(3)(a)(i)"> employed by a governmental entity of another state;</subsection><subsection number="53-2a-502(3)(a)(ii)"> temporarily employed by a governmental entity; or</subsection><subsection number="53-2a-502(3)(a)(iii)"> a volunteer who is serving at the request of a governmental entity.</subsection></subsection><subsection number="53-2a-502(3)(b)"> "Emergency responder" includes:<subsection number="53-2a-502(3)(b)(i)"> law enforcement officers, fire fighters, search and rescue personnel, emergency medical technicians, ambulance personnel, Department of Natural Resources employees, park rangers, public utilities workers, and volunteers participating in search and rescue and other emergency management operations; and</subsection><subsection number="53-2a-502(3)(b)(ii)"> persons and parties identified in the interstate mutual aid agreement.</subsection></subsection></subsection><subsection number="53-2a-502(4)"> "Interstate mutual aid agreement" means an agreement that establishes procedures for claims against an out-of-state emergency responder, and that: <subsection number="53-2a-502(4)(a)"> is established reciprocally between the Utah Highway Patrol and the Idaho State Police;</subsection><subsection number="53-2a-502(4)(b)"> is on file with the Utah Highway Patrol; and</subsection><subsection number="53-2a-502(4)(c)"> has a duration of one year from the time the agreement is entered into by Utah and Idaho.</subsection></subsection></section><section number="53-2a-503"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Notice of claim requirements.</catchline><subsection number="53-2a-503(1)"> Any claim against an emergency responder or the responder's employer shall be treated for the purpose of a notice of claim as a claim against the state.</subsection><subsection number="53-2a-503(2)"> The person making the claim shall comply with: <subsection number="53-2a-503(2)(a)"><xref depth="1" refid="C63G-7_1800010118000101" refnumber="63G-7" start="0">Title 63G, Chapter 7, Governmental Immunity Act of Utah</xref>; and</subsection><subsection number="53-2a-503(2)(b)"> any notice of claim requirements of the state where the emergency responder resides or is employed as an emergency responder.</subsection></subsection><subsection number="53-2a-503(3)"> The person filing the claim shall provide a copy of the notice of claim with the Idaho secretary of state if the claim is filed in Utah, or with the Utah attorney general if the claim is filed in Idaho.</subsection></section><section number="53-2a-504"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Emergency responder entering Utah to respond to an emergency.</catchline><tab/>An emergency responder who enters into Utah in response to a request for assistance by an official or emergency responder of Utah or pursuant to an agreement providing for interstate mutual aid is considered to be responding to an emergency. </section><section number="53-2a-505"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Privileges and immunities of law enforcement officers.</catchline><tab/>Any law enforcement officer of another state and the officer's employer are specifically entitled to the application of this part if the law enforcement officer is empowered to act under Section 19-701, Idaho Code, or an interstate mutual aid agreement. </section><section number="53-2a-506"><histories><history>Amended by Chapter <modchap sess="2023GS">452</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Privileges and immunities of emergency responders.</catchline><subsection number="53-2a-506(1)"> An emergency responder from another state who enters into this state has the same authority to act as an emergency responder of this state while: <subsection number="53-2a-506(1)(a)"> responding to an emergency, including providing care; or</subsection><subsection number="53-2a-506(1)(b)"> providing aid or assistance at the request of a public agency in this state.</subsection></subsection><subsection number="53-2a-506(2)"> All privileges and immunities from liability, exemption from law, ordinances, and rules, and any other benefits, which apply to an emergency responder while performing duties in the responder's state of residence or state of employment as a responder, apply when the emergency responder is acting as an emergency responder in this state.</subsection></section><section number="53-2a-507"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Legislative findings -- Comity with Idaho.</catchline><subsection number="53-2a-507(1)"> The Legislature finds, with regard to emergency responders, that: <subsection number="53-2a-507(1)(a)">Title 6, Chapter 9, of the Idaho Code, regarding the governmental immunity laws of Idaho, is consistent with the public policy of Utah; and</subsection><subsection number="53-2a-507(1)(b)"> based on the legislative finding under Subsection <xref depth="4" refid="C53-2a-S507_1800010118000101" refnumber="53-2a-507(1)(a)" start="0">(1)(a)</xref>, the governmental immunity laws of Idaho apply to any claim, including any lawsuit, brought against an emergency responder, who resides in or is employed as an emergency responder in Idaho, and the emergency responder's employer, based on the emergency responder's actions in Utah when acting as an emergency responder.</subsection></subsection><subsection number="53-2a-507(2)"> The Legislature finds: <subsection number="53-2a-507(2)(a)"> the damage caps in the governmental immunity laws of Idaho, although not identical to the damage caps under Section <xref depth="3" refid="C63G-7-S604_1800010118000101" refnumber="63G-7-604" start="0">63G-7-604</xref>, Utah Code Annotated, are consistent with the public policy of Utah; and</subsection><subsection number="53-2a-507(2)(b)"> the damage caps of Idaho apply to any claim, including any lawsuit, brought against an emergency responder, who resides in or is employed as an emergency responder in Idaho, and the emergency responder's employer, based on the emergency responder's actions in Utah when acting as an emergency responder.</subsection></subsection></section><section number="53-2a-508"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Chapter takes effect when Idaho provisions enacted.</catchline><subsection number="53-2a-508(1)"> This chapter takes effect when statutory provisions are enacted by Idaho that are reciprocal to the provisions of this part.</subsection><subsection number="53-2a-508(2)"> This part remains in effect as long as the statutory provisions enacted by Idaho under Subsection <xref depth="4" refid="C53-2a-S508_1800010118000101" refnumber="53-2a-508(1)" start="0">(1)</xref> are in effect.</subsection></section></part><part number="53-2a-6"><catchline>Disaster Recovery Funding Act</catchline><section number="53-2a-601"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Title.</catchline><tab/>This part is known as the "Disaster Recovery Funding Act." </section><section number="53-2a-602"><histories><history>Amended by Chapter <modchap sess="2025GS">113</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Definitions.</catchline><subsection number="53-2a-602(1)">Unless otherwise defined in this section, the terms that are used in this part mean the same as those terms are defined in <xref depth="2" refnumber="53-2a-1" start="2">Part 1, Emergency Management Act</xref>.</subsection><subsection number="53-2a-602(2)">As used in this part:<subsection number="53-2a-602(2)(a)">"Agent of the state" means any representative of a state agency, local agency, or non-profit entity that agrees to provide support to a requesting intrastate or interstate government entity that has declared an emergency or disaster and has requested assistance through the division.</subsection><subsection number="53-2a-602(2)(b)">"Declared disaster" means one or more events:<subsection number="53-2a-602(2)(b)(i)">within the state;</subsection><subsection number="53-2a-602(2)(b)(ii)">that occur within a limited period of time;</subsection><subsection number="53-2a-602(2)(b)(iii)">that involve:<subsection number="53-2a-602(2)(b)(iii)(A)">a significant number of persons being at risk of bodily harm, sickness, or death; or</subsection><subsection number="53-2a-602(2)(b)(iii)(B)">a significant portion of real property at risk of loss;</subsection></subsection><subsection number="53-2a-602(2)(b)(iv)">that are sudden in nature and generally occur less frequently than every three years; and</subsection><subsection number="53-2a-602(2)(b)(v)">that results in:<subsection number="53-2a-602(2)(b)(v)(A)">the president of the United States declaring an emergency or major disaster in the state;</subsection><subsection number="53-2a-602(2)(b)(v)(B)">the governor declaring a state of emergency under <xref depth="2" refnumber="53-2a-2" start="2">Part 2 Disaster Response and Recovery Act</xref>; or</subsection><subsection number="53-2a-602(2)(b)(v)(C)">the chief executive officer of a local government declaring a local emergency under <xref depth="2" refnumber="53-2a-2" start="2">Part 2, Disaster Response and Recovery Act</xref>.</subsection></subsection></subsection><subsection number="53-2a-602(2)(c)">"Disaster recovery account" means the State Disaster Recovery Restricted Account created in Section <xref depth="3" refnumber="53-2a-603" start="0">53-2a-603</xref>.</subsection><subsection number="53-2a-602(2)(d)"><subsection number="53-2a-602(2)(d)(i)">"Emergency disaster services" means:<subsection number="53-2a-602(2)(d)(i)(A)">evacuation;</subsection><subsection number="53-2a-602(2)(d)(i)(B)">shelter;</subsection><subsection number="53-2a-602(2)(d)(i)(C)">medical triage;</subsection><subsection number="53-2a-602(2)(d)(i)(D)">emergency transportation;</subsection><subsection number="53-2a-602(2)(d)(i)(E)">repair of infrastructure;</subsection><subsection number="53-2a-602(2)(d)(i)(F)">safety services, including fencing or roadblocks;</subsection><subsection number="53-2a-602(2)(d)(i)(G)">sandbagging;</subsection><subsection number="53-2a-602(2)(d)(i)(H)">debris removal;</subsection><subsection number="53-2a-602(2)(d)(i)(I)">temporary bridges;</subsection><subsection number="53-2a-602(2)(d)(i)(J)">procurement and distribution of food, water, or ice;</subsection><subsection number="53-2a-602(2)(d)(i)(K)">procurement and deployment of generators;</subsection><subsection number="53-2a-602(2)(d)(i)(L)">rescue or recovery;</subsection><subsection number="53-2a-602(2)(d)(i)(M)">emergency protective measures; or</subsection><subsection number="53-2a-602(2)(d)(i)(N)">services similar to those described in Subsections <xref depth="4" refnumber="53-2a-602(2)(d)(i)(A)" start="0">(2)(d)(i)(A)</xref> through <xref depth="4" refnumber="53-2a-602(2)(d)(i)(M)" start="0">(M)</xref>, as defined by the division by rule, that are generally required in response to a declared disaster.</subsection></subsection><subsection number="53-2a-602(2)(d)(ii)">"Emergency disaster services" does not include:<subsection number="53-2a-602(2)(d)(ii)(A)">emergency preparedness; or</subsection><subsection number="53-2a-602(2)(d)(ii)(B)">notwithstanding whether a county participates in the Utah Wildfire Fund created in Section <xref depth="3" refnumber="65A-8-217">65A-8-217</xref>, any fire suppression or presuppression costs that may be paid for from the Utah Wildfire Fund if the county participates in the Utah Wildfire Fund.</subsection></subsection></subsection><subsection number="53-2a-602(2)(e)">"Emergency preparedness" means the following done for the purpose of being prepared for an emergency as defined by the division by rule made in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>:<subsection number="53-2a-602(2)(e)(i)">the purchase of equipment;</subsection><subsection number="53-2a-602(2)(e)(ii)">the training of personnel; or</subsection><subsection number="53-2a-602(2)(e)(iii)">the obtaining of a certification.</subsection></subsection><subsection number="53-2a-602(2)(f)">"Governing body" means:<subsection number="53-2a-602(2)(f)(i)">for a county, city, or town, the legislative body of the county, city, or town;</subsection><subsection number="53-2a-602(2)(f)(ii)">for a special district, the board of trustees of the special district; and</subsection><subsection number="53-2a-602(2)(f)(iii)">for a special service district:<subsection number="53-2a-602(2)(f)(iii)(A)">the legislative body of the county, city, or town that established the special service district, if no administrative control board has been appointed under Section <xref depth="3" refnumber="17D-1-301" start="0">17D-1-301</xref>; or</subsection><subsection number="53-2a-602(2)(f)(iii)(B)">the administrative control board of the special service district, if an administrative control board has been appointed under Section <xref depth="3" refnumber="17D-1-301" start="0">17D-1-301</xref>.</subsection></subsection></subsection><subsection number="53-2a-602(2)(g)">"Local fund" means a local government disaster fund created in accordance with Section <xref depth="3" refnumber="53-2a-605" start="0">53-2a-605</xref>.</subsection><subsection number="53-2a-602(2)(h)">"Local government" means:<subsection number="53-2a-602(2)(h)(i)">a county;</subsection><subsection number="53-2a-602(2)(h)(ii)">a city or town; or</subsection><subsection number="53-2a-602(2)(h)(iii)">a special district or special service district that:<subsection number="53-2a-602(2)(h)(iii)(A)">operates a water system;</subsection><subsection number="53-2a-602(2)(h)(iii)(B)">provides transportation service;</subsection><subsection number="53-2a-602(2)(h)(iii)(C)">provides, operates, and maintains correctional and rehabilitative facilities and programs for municipal, state, and other detainees and prisoners;</subsection><subsection number="53-2a-602(2)(h)(iii)(D)">provides consolidated 911 and emergency dispatch service;</subsection><subsection number="53-2a-602(2)(h)(iii)(E)">operates an airport; or</subsection><subsection number="53-2a-602(2)(h)(iii)(F)">operates a sewage system.</subsection></subsection></subsection><subsection number="53-2a-602(2)(i)">"Special district" means the same as that term is defined in Section <xref depth="3" refnumber="17B-1-102" start="0">17B-1-102</xref>.</subsection><subsection number="53-2a-602(2)(j)">"Special fund" means a fund other than a general fund of a local government that is created for a special purpose established under the uniform system of budgeting, accounting, and reporting.</subsection><subsection number="53-2a-602(2)(k)">"Special service district" means the same as that term is defined in Section <xref depth="3" refnumber="17D-1-102" start="0">17D-1-102</xref>.</subsection><subsection number="53-2a-602(2)(l)">"State's prime interest rate" means the average interest rate paid by the state on general obligation bonds issued during the most recent fiscal year in which bonds were sold.</subsection></subsection></section><section number="53-2a-603"><histories><history>Amended by Chapter <modchap sess="2025GS">113</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>State Disaster Recovery Restricted Account.</catchline><subsection number="53-2a-603(1)"><subsection number="53-2a-603(1)(a)">There is created a restricted account in the General Fund known as the "State Disaster Recovery Restricted Account."</subsection><subsection number="53-2a-603(1)(b)">The disaster recovery account consists of:<subsection number="53-2a-603(1)(b)(i)">money deposited into the disaster recovery account in accordance with Section <xref depth="3" refnumber="63J-1-314" start="0">63J-1-314</xref>;</subsection><subsection number="53-2a-603(1)(b)(ii)">money appropriated to the disaster recovery account by the Legislature; and</subsection><subsection number="53-2a-603(1)(b)(iii)">any other public or private money received by the division that is:<subsection number="53-2a-603(1)(b)(iii)(A)">given to the division for purposes consistent with this section; and</subsection><subsection number="53-2a-603(1)(b)(iii)(B)">deposited into the disaster recovery account at the request of:<subsection number="53-2a-603(1)(b)(iii)(B)(I)">the division; or</subsection><subsection number="53-2a-603(1)(b)(iii)(B)(II)">the person or entity giving the money.</subsection></subsection></subsection></subsection><subsection number="53-2a-603(1)(c)">The Division of Finance shall deposit interest or other earnings derived from investment of account money into the General Fund.</subsection></subsection><subsection number="53-2a-603(2)">Money in the disaster recovery account may only be expended or committed to be expended as follows:<subsection number="53-2a-603(2)(a)"><subsection number="53-2a-603(2)(a)(i)">subject to Section <xref depth="3" refnumber="53-2a-606" start="0">53-2a-606</xref>, in any fiscal year the division may expend or commit to expend an amount that does not exceed $3,000,000, in accordance with Section <xref depth="3" refnumber="53-2a-604" start="0">53-2a-604</xref>, to fund costs to the state of emergency disaster services in response to a declared disaster;</subsection><subsection number="53-2a-603(2)(a)(ii)">subject to Section <xref depth="3" refnumber="53-2a-606" start="0">53-2a-606</xref>, in any fiscal year the division may expend or commit to expend an amount that exceeds $3,000,000, but does not exceed $10,000,000, in accordance with Section <xref depth="3" refnumber="53-2a-604" start="0">53-2a-604</xref>, to fund costs to the state of emergency disaster services in response to a declared disaster if the division:<subsection number="53-2a-603(2)(a)(ii)(A)">before making the expenditure or commitment to expend, obtains approval for the expenditure or commitment to expend from the governor;</subsection><subsection number="53-2a-603(2)(a)(ii)(B)">subject to Subsection <xref depth="4" refnumber="53-2a-603(5)" start="0">(5)</xref>, provides written notice of the expenditure or commitment to expend to the speaker of the House of Representatives, the president of the Senate, the Division of Finance, the Criminal Justice Appropriations Subcommittee, the Legislative Management Committee, and the Office of the Legislative Fiscal Analyst no later than 72 hours after making the expenditure or commitment to expend; and</subsection><subsection number="53-2a-603(2)(a)(ii)(C)">makes the report required by Subsection <xref depth="4" refnumber="53-2a-606(2)" start="0">53-2a-606(2)</xref>;</subsection></subsection><subsection number="53-2a-603(2)(a)(iii)">subject to Section <xref depth="3" refnumber="53-2a-606" start="0">53-2a-606</xref>, in any fiscal year the division may expend or commit to expend an amount that exceeds $10,000,000, in accordance with Section <xref depth="3" refnumber="53-2a-604" start="0">53-2a-604</xref>, to fund costs to the state of emergency disaster services in response to a declared disaster if, before making the expenditure or commitment to expend, the division:<subsection number="53-2a-603(2)(a)(iii)(A)">obtains approval for the expenditure or commitment to expend from the governor; and</subsection><subsection number="53-2a-603(2)(a)(iii)(B)">submits the expenditure or commitment to expend to the Executive Appropriations Committee in accordance with Subsection <xref depth="4" refnumber="53-2a-606(3)" start="0">53-2a-606(3)</xref>;</subsection></subsection><subsection number="53-2a-603(2)(a)(iv)">in any fiscal year the division may expend or commit to expend an amount that does not exceed $500,000 to fund expenses incurred by the National Guard if:<subsection number="53-2a-603(2)(a)(iv)(A)">in accordance with Section <xref depth="3" refnumber="39A-3-103" start="0">39A-3-103</xref>, the governor orders into active service the National Guard in response to a declared disaster; and</subsection><subsection number="53-2a-603(2)(a)(iv)(B)">the money is not used for expenses that qualify for payment as emergency disaster services; and</subsection></subsection><subsection number="53-2a-603(2)(a)(v)">in any fiscal year, the division may expend an amount that does not exceed $750,000 to fund expenses incurred to develop or enhance emergency management capabilities if:<subsection number="53-2a-603(2)(a)(v)(A)">the money is used for personnel, equipment, supplies, contracts, training, exercises, or other expenses deemed reasonable and necessary to:<subsection number="53-2a-603(2)(a)(v)(A)(I)">promote and strengthen the state's level of resiliency through mitigation, preparedness, response, or recovery activities; or</subsection><subsection number="53-2a-603(2)(a)(v)(A)(II)">meet federal grant matching requirements; and</subsection></subsection><subsection number="53-2a-603(2)(a)(v)(B)">the disaster recovery account has a balance of funds available to be utilized while maintaining a minimum balance of $5,000,000;</subsection></subsection></subsection><subsection number="53-2a-603(2)(b)">money not described in Subsections <xref depth="4" refnumber="53-2a-603(2)(a)(i)" start="0">(2)(a)(i)</xref>, <xref depth="4" refnumber="53-2a-603(2)(a)(ii)" start="0">(ii)</xref>, and <xref depth="4" refnumber="53-2a-603(2)(a)(iii)" start="0">(iii)</xref> may be expended or committed to be expended to fund costs to the state directly related to a declared disaster that are not costs related to:<subsection number="53-2a-603(2)(b)(i)">emergency disaster services;</subsection><subsection number="53-2a-603(2)(b)(ii)">emergency preparedness; or</subsection><subsection number="53-2a-603(2)(b)(iii)">notwithstanding whether a county participates in the Utah Wildfire Fund created in Section <xref depth="3" refnumber="65A-8-217">65A-8-217</xref>, any fire suppression or presuppression costs that may be paid for from the Utah Wildfire Fund if the county participates in the Utah Wildfire Fund;</subsection></subsection><subsection number="53-2a-603(2)(c)">to fund:<subsection number="53-2a-603(2)(c)(i)">the Local Government Emergency Response Loan Fund created in Section <xref depth="3" refnumber="53-2a-607" start="0">53-2a-607</xref>; and</subsection><subsection number="53-2a-603(2)(c)(ii)">the Disaster Response, Recovery, and Mitigation Restricted Account created in Section <xref depth="3" refnumber="53-2a-1302" start="0">53-2a-1302</xref>;</subsection></subsection><subsection number="53-2a-603(2)(d)">the division may provide advanced funding from the disaster recovery account to recognized agents of the state when:<subsection number="53-2a-603(2)(d)(i)">Utah has agreed, through the division, to enact the Emergency Management Assistance Compact with another member state that has requested assistance during a declared disaster;</subsection><subsection number="53-2a-603(2)(d)(ii)">Utah agrees to provide resources to the requesting member state;</subsection><subsection number="53-2a-603(2)(d)(iii)">the agent of the state who represents the requested resource has no other funding source available at the time of the Emergency Management Assistance Compact request; and</subsection><subsection number="53-2a-603(2)(d)(iv)">the disaster recovery account has a balance of funds available to be utilized while maintaining a minimum balance of $5,000,000;</subsection></subsection><subsection number="53-2a-603(2)(e)">to fund up to $500,000 for the governor's emergency appropriations described in Subsection <xref depth="4" refnumber="63J-1-217(4)" start="0">63J-1-217(4)</xref>; and</subsection><subsection number="53-2a-603(2)(f)">to pay the state's deductible in the event of an earthquake.</subsection></subsection><subsection number="53-2a-603(3)">All funding provided in advance to an agent of the state and subsequently reimbursed shall be credited to the account.</subsection><subsection number="53-2a-603(4)">The state treasurer shall invest money in the disaster recovery account according to <xref depth="1" refnumber="51-7" start="0">Title 51, Chapter 7, State Money Management Act</xref>.</subsection><subsection number="53-2a-603(5)"><subsection number="53-2a-603(5)(a)">Except as provided in Subsections <xref depth="4" refnumber="53-2a-603(1)" start="0">(1)</xref> and <xref depth="4" refnumber="53-2a-603(2)" start="0">(2)</xref>, the money in the disaster recovery account may not be diverted, appropriated, expended, or committed to be expended for a purpose that is not listed in this section.</subsection><subsection number="53-2a-603(5)(b)">Notwithstanding Section <xref depth="3" refnumber="63J-1-410" start="0">63J-1-410</xref>, the Legislature may not appropriate money from the disaster recovery account to eliminate or otherwise reduce an operating deficit if the money appropriated from the disaster recovery account is expended or committed to be expended for a purpose other than one listed in this section.</subsection><subsection number="53-2a-603(5)(c)">The Legislature may not amend the purposes for which money in the disaster recovery account may be expended or committed to be expended except by the affirmative vote of two-thirds of all the members elected to each house.</subsection></subsection><subsection number="53-2a-603(6)">The division:<subsection number="53-2a-603(6)(a)">shall provide the notice required by Subsection <xref depth="4" refnumber="53-2a-603(2)(a)(ii)" start="0">(2)(a)(ii)</xref> using the best available method under the circumstances as determined by the division; and</subsection><subsection number="53-2a-603(6)(b)">may provide the notice required by Subsection <xref depth="4" refnumber="53-2a-603(2)(a)(ii)" start="0">(2)(a)(ii)</xref> in electronic format.</subsection></subsection></section><section number="53-2a-604"><histories><history>Amended by Chapter <modchap sess="2016GS">83</modchap>, 2016 General Session</history><modyear>2016</modyear></histories><catchline>State costs for emergency disaster services.</catchline><subsection number="53-2a-604(1)"> Subject to this section and Section <xref depth="3" refnumber="53-2a-603" start="0">53-2a-603</xref>, the division may expend or commit to expend money described in Subsection <xref depth="4" refnumber="53-2a-603(2)(a)(i)" start="0">53-2a-603(2)(a)(i)</xref>, <xref depth="4" refnumber="53-2a-603(2)(a)(ii)" start="0">(ii)</xref>, or <xref depth="4" refnumber="53-2a-603(2)(a)(iii)" start="0">(iii)</xref> to fund costs to the state of emergency disaster services if, at the discretion of the division, the expenditure is necessary in response to the disaster.</subsection><subsection number="53-2a-604(2)"> Money paid by the division under this section to government entities and private persons providing emergency disaster services are subject to <xref depth="1" refnumber="63G-6a" start="0">Title 63G, Chapter 6a, Utah Procurement Code</xref>.</subsection><subsection number="53-2a-604(3)"> If Utah requests and receives a federal disaster declaration, the applicant or sub-applicant agencies approved to receive assistance through federal disaster programs are responsible for any financial match requirements.</subsection></section><section number="53-2a-605"><histories><history>Amended by Chapter <modchap sess="2025S1">16</modchap>, 2025 Special Session 1</history><modyear>2025</modyear></histories><catchline>Local government disaster funds.</catchline><subsection number="53-2a-605(1)"><subsection number="53-2a-605(1)(a)">Subject to this section and notwithstanding anything to the contrary contained in <xref depth="0" refnumber="10">Title 10, Utah Municipal Code</xref>, or <xref depth="0" refnumber="17">Title 17, Counties</xref>, <xref depth="0" refnumber="17B">Title 17B, Limited Purpose Local Government Entities - Special Districts</xref>, or <xref depth="1" refnumber="17D-1">Title 17D, Chapter 1, Special Service District Act</xref>, the governing body of a local government may create and maintain by ordinance a special fund known as a local government disaster fund.</subsection><subsection number="53-2a-605(1)(b)">The local fund shall consist of:<subsection number="53-2a-605(1)(b)(i)">subject to the limitations of this section, money transferred to it in accordance with Subsection <xref depth="4" refnumber="53-2a-605(2)">(2)</xref>;</subsection><subsection number="53-2a-605(1)(b)(ii)">any other public or private money received by the local government that is:<subsection number="53-2a-605(1)(b)(ii)(A)">given to the local government for purposes consistent with this section; and</subsection><subsection number="53-2a-605(1)(b)(ii)(B)">deposited into the local fund at the request of:<subsection number="53-2a-605(1)(b)(ii)(B)(I)">the governing body of the local government; or</subsection><subsection number="53-2a-605(1)(b)(ii)(B)(II)">the person giving the money; and</subsection></subsection></subsection><subsection number="53-2a-605(1)(b)(iii)">interest or income realized from the local fund.</subsection></subsection><subsection number="53-2a-605(1)(c)">Interest or income realized from the local fund shall be deposited into the local fund.</subsection><subsection number="53-2a-605(1)(d)">Money in a local fund may be:<subsection number="53-2a-605(1)(d)(i)">deposited or invested as provided in Section <xref depth="3" refnumber="51-7-11">51-7-11</xref>; or</subsection><subsection number="53-2a-605(1)(d)(ii)">transferred by the local government treasurer to the Public Treasurers' Investment Fund as defined in Section <xref depth="3" refnumber="51-7-3">51-7-3</xref>.</subsection></subsection><subsection number="53-2a-605(1)(e)"><subsection number="53-2a-605(1)(e)(i)">The money in a local fund may accumulate from year to year until the local government governing body determines to spend any money in the local fund for one or more of the purposes specified in Subsection <xref depth="4" refnumber="53-2a-605(3)">(3)</xref>.</subsection><subsection number="53-2a-605(1)(e)(ii)">Money in a local fund at the end of a fiscal year:<subsection number="53-2a-605(1)(e)(ii)(A)">shall remain in the local fund for future use; and</subsection><subsection number="53-2a-605(1)(e)(ii)(B)">may not be transferred to any other fund or used for any other purpose.</subsection></subsection></subsection></subsection><subsection number="53-2a-605(2)">The amounts transferred to a local fund may not exceed 10% of the total estimated revenues of the local government for the current fiscal period that are not restricted or otherwise obligated.</subsection><subsection number="53-2a-605(3)">Money in the fund may only be used to fund the services and activities of the local government creating the local fund in response to:<subsection number="53-2a-605(3)(a)">a declared disaster within the boundaries of the local government;</subsection><subsection number="53-2a-605(3)(b)">the aftermath of the disaster that gave rise to a declared disaster within the boundaries of the local government; and</subsection><subsection number="53-2a-605(3)(c)">subject to Subsection <xref depth="4" refnumber="53-2a-605(5)">(5)</xref>, emergency preparedness.</subsection></subsection><subsection number="53-2a-605(4)"><subsection number="53-2a-605(4)(a)">A local fund is subject to this part and:<subsection number="53-2a-605(4)(a)(i)">in the case of a town, <xref depth="1" refnumber="10-5">Title 10, Chapter 5</xref>, Uniform Fiscal Procedures Act for Utah Towns, except that:<subsection number="53-2a-605(4)(a)(i)(A)">in addition to the funds listed in Section <xref depth="3" refnumber="10-5-106">10-5-106</xref>, the mayor shall prepare a budget for the local fund;</subsection><subsection number="53-2a-605(4)(a)(i)(B)">Section <xref depth="3" refnumber="10-5-119">10-5-119</xref> addressing termination of special funds does not apply to a local fund; and</subsection><subsection number="53-2a-605(4)(a)(i)(C)">the council of the town may not authorize an interfund loan under Section <xref depth="3" refnumber="10-5-120">10-5-120</xref> from the local fund;</subsection></subsection><subsection number="53-2a-605(4)(a)(ii)">in the case of a city, <xref depth="1" refnumber="10-6">Title 10, Chapter 6, Uniform Fiscal Procedures Act for Utah Cities</xref>, except that:<subsection number="53-2a-605(4)(a)(ii)(A)">in addition to the funds listed in Section <xref depth="3" refnumber="10-6-109">10-6-109</xref>, the mayor shall prepare a budget for the local fund;</subsection><subsection number="53-2a-605(4)(a)(ii)(B)">Section <xref depth="3" refnumber="10-6-131">10-6-131</xref> addressing termination of special funds does not apply to a local fund; and</subsection><subsection number="53-2a-605(4)(a)(ii)(C)">the governing body of the city may not authorize an interfund loan under Section <xref depth="3" refnumber="10-6-132">10-6-132</xref> from the local fund; </subsection></subsection><subsection number="53-2a-605(4)(a)(iii)">in the case of a county, <xref depth="1" refnumber="17-63">Title 17, Chapter 63, Fiscal Authority and Processes</xref>, except that:<subsection number="53-2a-605(4)(a)(iii)(A)">Section <xref depth="3" refnumber="17-63-808">17-63-808</xref> addressing termination of special funds does not apply to a local fund; and</subsection><subsection number="53-2a-605(4)(a)(iii)(B)">the governing body of the county may not authorize an interfund loan under Section <xref depth="3" refnumber="17-63-809">17-63-809</xref> from the local fund;</subsection></subsection><subsection number="53-2a-605(4)(a)(iv)">in the case of a special district or special service district, <xref depth="2" refnumber="17B-1-6">Title 17B, Chapter 1, Part 6, Fiscal Procedures for Special Districts</xref>, except that:<subsection number="53-2a-605(4)(a)(iv)(A)">Section <xref depth="3" refnumber="17B-1-625">17B-1-625</xref>, addressing termination of a special fund, does not apply to a local fund; and</subsection><subsection number="53-2a-605(4)(a)(iv)(B)">the governing body of the special district or special service district may not authorize an interfund loan under Section <xref depth="3" refnumber="17B-1-626">17B-1-626</xref> from the local fund; and</subsection></subsection><subsection number="53-2a-605(4)(a)(v)">in the case of an interlocal entity, <xref depth="2" refnumber="11-13-5">Title 11, Chapter 13, Part 5, Fiscal Procedures for Interlocal Entities</xref>, except for the following provisions:<subsection number="53-2a-605(4)(a)(v)(A)">Section <xref depth="3" refnumber="11-13-522">11-13-522</xref> addressing termination of a special fund does not apply to a local fund; and</subsection><subsection number="53-2a-605(4)(a)(v)(B)">the governing board of the interlocal entity may not authorize an interfund loan under Section <xref depth="3" refnumber="11-13-523">11-13-523</xref> from the local fund.</subsection></subsection></subsection><subsection number="53-2a-605(4)(b)">Notwithstanding Subsection <xref depth="4" refnumber="53-2a-605(4)(a)">(4)(a)</xref>, transfers of money to a local fund or the accumulation of money in a local fund do not affect any limits on fund balances, net assets, or the accumulation of retained earnings in any of the following of a local government:<subsection number="53-2a-605(4)(b)(i)">a general fund;</subsection><subsection number="53-2a-605(4)(b)(ii)">an enterprise fund;</subsection><subsection number="53-2a-605(4)(b)(iii)">an internal service fund; or</subsection><subsection number="53-2a-605(4)(b)(iv)">any other fund.</subsection></subsection></subsection><subsection number="53-2a-605(5)"><subsection number="53-2a-605(5)(a)">A local government may not expend during a fiscal year more than 10% of the money budgeted to be deposited into a local fund during that fiscal year for emergency preparedness.</subsection><subsection number="53-2a-605(5)(b)">The amount described in Subsection <xref depth="4" refnumber="53-2a-605(5)(a)">(5)(a)</xref> shall be determined before the adoption of the tentative budget.</subsection></subsection></section><section number="53-2a-606"><histories><history>Amended by Chapter <modchap sess="2025GS">89</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Amended by Chapter <modchap sess="2025GS">271</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Reporting.</catchline><subsection number="53-2a-606(1)">By no later than December 31 of each year, the division shall provide a written report to the governor and the Criminal Justice Appropriations Subcommittee of:<subsection number="53-2a-606(1)(a)">the division's activities under this part;</subsection><subsection number="53-2a-606(1)(b)">money expended or committed to be expended in accordance with this part;</subsection><subsection number="53-2a-606(1)(c)">the balances in the disaster recovery fund; and</subsection><subsection number="53-2a-606(1)(d)">any unexpended balance of appropriations from the disaster recovery fund.</subsection></subsection><subsection number="53-2a-606(2)"><subsection number="53-2a-606(2)(a)">The governor and the Department of Public Safety shall report to the Legislative Management Committee an expenditure or commitment to expend made in accordance with Subsection <xref depth="4" refnumber="53-2a-603(2)(a)(ii)" start="0">53-2a-603(2)(a)(ii)</xref>, <xref refnumber="53-2a-1302(6)(b)" depth="4">53-2a-1302(6)(b)</xref>, or <xref tempid="303" depth="4" refnumber="53-2a-1302(7)">53-2a-1302(7)</xref>.</subsection><subsection number="53-2a-606(2)(b)">The governor and the Department of Public Safety shall make the report required by this Subsection <xref depth="4" refnumber="53-2a-606(2)" start="0">(2)</xref> on or before the sooner of:<subsection number="53-2a-606(2)(b)(i)">the day on which the governor calls the Legislature into session; or</subsection><subsection number="53-2a-606(2)(b)(ii)">15 days after the division makes the expenditure or commitment to expend described in Subsection <xref depth="4" refnumber="53-2a-603(2)(a)(ii)" start="0">53-2a-603(2)(a)(ii)</xref>, <xref depth="4" refnumber="53-2a-1302(6)(b)">53-2a-1302(6)(b)</xref>, or <xref depth="4" refnumber="53-2a-1302(7)">53-2a-1302(7)</xref>.</subsection></subsection></subsection><subsection number="53-2a-606(3)"><subsection number="53-2a-606(3)(a)">Subject to Subsection <xref depth="4" refnumber="53-2a-606(3)(b)" start="0">(3)(b)</xref>, before the division makes an expenditure or commitment to expend described in Subsection <xref depth="4" refnumber="53-2a-603(2)(a)(iii)" start="0">53-2a-603(2)(a)(iii)</xref> or <xref tempid="485" depth="4" refnumber="53-2a-1302(6)(c)">53-2a-1302(6)(c)</xref>, the governor and the Department of Public Safety shall submit the expenditure or commitment to expend to the Executive Appropriations Committee for the Executive Appropriations Committee's review and recommendations.</subsection><subsection number="53-2a-606(3)(b)">The Executive Appropriations Committee shall review the expenditure or commitment to expend and may:<subsection number="53-2a-606(3)(b)(i)">recommend that the division make the expenditure or commitment to expend;</subsection><subsection number="53-2a-606(3)(b)(ii)">recommend that the division not make the expenditure or commitment to expend; or</subsection><subsection number="53-2a-606(3)(b)(iii)">recommend to the governor that the governor call a special session of the Legislature to review and approve or reject the expenditure or commitment to expend.</subsection></subsection></subsection></section><section number="53-2a-607"><histories><history>Enacted by Chapter <modchap sess="2016GS">134</modchap>, 2016 General Session</history><modyear>2016</modyear></histories><catchline>Creation and administration.</catchline><subsection number="53-2a-607(1)"><subsection number="53-2a-607(1)(a)"> There is created an enterprise fund known as the Local Government Emergency Response Loan Fund.</subsection><subsection number="53-2a-607(1)(b)"> The division as defined in Section <xref depth="3" refnumber="53-2a-103" start="0">53-2a-103</xref> is the administrator of the fund.</subsection></subsection><subsection number="53-2a-607(2)"> The fund consists of: <subsection number="53-2a-607(2)(a)"> money appropriated to the fund by the Legislature;</subsection><subsection number="53-2a-607(2)(b)"> money received for the repayment of loans made from the fund;</subsection><subsection number="53-2a-607(2)(c)"> interest earned on the fund; and</subsection><subsection number="53-2a-607(2)(d)"> money deposited into the fund in accordance with Section <xref depth="3" refnumber="63J-1-314" start="0">63J-1-314</xref>.</subsection></subsection><subsection number="53-2a-607(3)"> The money in the fund shall be invested by the state treasurer according to the procedures and requirements of <xref depth="1" refnumber="51-7" start="0">Title 51, Chapter 7, State Money Management Act</xref>, except that all interest or other earnings derived from money in the fund shall be deposited into the fund.</subsection><subsection number="53-2a-607(4)"> Local government entities may apply through the division for a short-term loan from the fund for the purposes provided in Section <xref depth="3" refnumber="53-2a-608" start="0">53-2a-608</xref>, provided that the local government entity: <subsection number="53-2a-607(4)(a)"> agrees to the terms of the loan; and</subsection><subsection number="53-2a-607(4)(b)"> is not in default on any other state loans administered by the Division of Finance or any other state agency.</subsection></subsection><subsection number="53-2a-607(5)"> The division may not loan out: <subsection number="53-2a-607(5)(a)"> more than 50% of the total account balance available at the time that a loan request is made by a local government entity; or</subsection><subsection number="53-2a-607(5)(b)"> an amount that will leave the fund balance at less than $10,000,000.</subsection></subsection></section><section number="53-2a-608"><histories><history>Enacted by Chapter <modchap sess="2016GS">134</modchap>, 2016 General Session</history><modyear>2016</modyear></histories><catchline>Purposes and criteria for loans.</catchline><subsection number="53-2a-608(1)"> Money in the fund shall be used by the division, as prioritized by the director, only to: <subsection number="53-2a-608(1)(a)"> provide loans to local government entities for:<subsection number="53-2a-608(1)(a)(i)"> the costs incurred by a local government entity for providing emergency disaster services as defined in Section <xref depth="3" refnumber="53-2a-602" start="0">53-2a-602</xref>; or</subsection><subsection number="53-2a-608(1)(a)(ii)"> providing any state or local matching funds to secure federal funds or grants related to a declared disaster, as defined in Section <xref depth="3" refnumber="53-2a-602" start="0">53-2a-602</xref>;</subsection></subsection><subsection number="53-2a-608(1)(b)"> pay the Division of Finance for the costs of administering the fund, providing loans, and obtaining repayments of loans; and</subsection><subsection number="53-2a-608(1)(c)"> provide funds to state agencies for the costs of responding to a declared disaster.</subsection></subsection><subsection number="53-2a-608(2)"> The division shall establish the terms and conditions of the loans and the repayment schedule consistent with the following criteria: <subsection number="53-2a-608(2)(a)"> the interest rate charged and the maximum payback period on all loans shall be:<subsection number="53-2a-608(2)(a)(i)"> the state's prime interest rate at the time of loan closing, plus zero percent, with a maximum payback period of 10 years if the applicant has reserved an average of 90% to 100% of the amount authorized in Section <xref depth="3" refnumber="53-2a-605" start="0">53-2a-605</xref> over the previous five fiscal years;</subsection><subsection number="53-2a-608(2)(a)(ii)"> the state's prime interest rate at the time of loan closing, plus 2%, with a maximum payback period of five years if the applicant has reserved an average of 70% up to 90% of the amount authorized in Section <xref depth="3" refnumber="53-2a-605" start="0">53-2a-605</xref> over the previous five fiscal years; or</subsection><subsection number="53-2a-608(2)(a)(iii)"> the state's prime interest rate at the time of loan closing, plus 4%, with a maximum payback period of three years if the applicant has reserved an average of 50% up to 70% of the amount authorized in Section <xref depth="3" refnumber="53-2a-605" start="0">53-2a-605</xref> over the previous five fiscal years; and</subsection></subsection><subsection number="53-2a-608(2)(b)"> the division may not authorize a loan from this fund on any terms or conditions to local government entities that have reserved an average of less than 50% of the amount authorized in Section <xref depth="3" refnumber="53-2a-605" start="0">53-2a-605</xref> over the previous five fiscal years.</subsection></subsection><subsection number="53-2a-608(3)"> If the division receives multiple loan applications concurrently, priority shall be given to applicants based on the extent of their participation in the reserve account authorized in Section <xref depth="3" refnumber="53-2a-605" start="0">53-2a-605</xref>.</subsection></section><section number="53-2a-609"><histories><history>Enacted by Chapter <modchap sess="2016GS">134</modchap>, 2016 General Session</history><modyear>2016</modyear></histories><catchline>Division to make rules to administer the loan program.</catchline><tab/>In accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, the division shall make rules establishing:<subsection number="53-2a-609(1)"> form, content, and procedure for loan and grant applications;</subsection><subsection number="53-2a-609(2)"> criteria and procedures for prioritizing loan and grant applications;</subsection><subsection number="53-2a-609(3)"> requirements and procedures for securing loans and grants;</subsection><subsection number="53-2a-609(4)"> procedures for making loans;</subsection><subsection number="53-2a-609(5)"> procedures for administering and ensuring repayment of loans, including late payment penalties; and</subsection><subsection number="53-2a-609(6)"> procedures for recovering on defaulted loans.</subsection></section></part><part number="53-2a-7"><catchline>Hazardous Materials Emergency Act</catchline><section number="53-2a-701"><histories><history>Enacted by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Title.</catchline><tab/>This part is known as the "Hazardous Materials Emergency Act." </section><section number="53-2a-702"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Hazardous Chemical Emergency Response Commission -- Allocation of responsibilities -- Local planning committees -- Specified federal law considered law of state -- Application to federal agencies and facilities.</catchline><subsection number="53-2a-702(1)"><subsection number="53-2a-702(1)(a)"> The commissioner and the executive director of the Department of Environmental Quality, or their respective designees, are designated as the state's Hazardous Chemical Emergency Response Commission for purposes of carrying out all requirements of the federal Emergency Planning and Community Right To Know Act of 1986.</subsection><subsection number="53-2a-702(1)(b)"> A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:<subsection number="53-2a-702(1)(b)(i)"> Section <xref depth="3" refid="C63A-3-S106_1800010118000101" refnumber="63A-3-106" start="0">63A-3-106</xref>;</subsection><subsection number="53-2a-702(1)(b)(ii)"> Section <xref depth="3" refid="C63A-3-S107_1800010118000101" refnumber="63A-3-107" start="0">63A-3-107</xref>; and</subsection><subsection number="53-2a-702(1)(b)(iii)"> rules made by the Division of Finance pursuant to Sections <xref depth="3" refid="C63A-3-S106_1800010118000101" refnumber="63A-3-106" start="0">63A-3-106</xref> and <xref depth="3" refid="C63A-3-S107_1800010118000101" refnumber="63A-3-107" start="0">63A-3-107</xref>.</subsection></subsection></subsection><subsection number="53-2a-702(2)"> The Department of Public Safety has primary responsibility for all emergency planning activities under the federal Emergency Planning and Community Right To Know Act of 1986, and shall prepare policy and procedure and make rules necessary for implementation of that act in accordance with <xref depth="1" refid="C63G-3_1800010118000101" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>.</subsection><subsection number="53-2a-702(3)"> The Department of Environmental Quality has primary responsibility for receiving, processing, and managing hazardous chemical information and notifications under the federal Emergency Planning and Community Right To Know Act of 1986, including preparation of policy and procedure, and promulgation of rules necessary for implementation of that act. Funding for this program must be from the appropriation acts.</subsection><subsection number="53-2a-702(4)"> The Department of Public Safety and the Department of Environmental Quality shall enter into an interagency agreement providing for exchange of information and coordination of their respective duties and responsibilities under this section.</subsection><subsection number="53-2a-702(5)"><subsection number="53-2a-702(5)(a)"> The Hazardous Chemical Emergency Response Commission shall appoint a local planning committee for each local planning district that it establishes, as required by the federal Emergency Planning and Community Right To Know Act of 1986, and to the extent possible, shall use an existing local governmental organization as the local planning committee.</subsection><subsection number="53-2a-702(5)(b)"><subsection number="53-2a-702(5)(b)(i)"> Local government members who do not receive salary, per diem, or expenses from the entity that they represent for their service may receive per diem and expenses incurred in the performance of their official duties at the rates established by the Division of Finance under Sections <xref depth="3" refid="C63A-3-S106_1800010118000101" refnumber="63A-3-106" start="0">63A-3-106</xref> and <xref depth="3" refid="C63A-3-S107_1800010118000101" refnumber="63A-3-107" start="0">63A-3-107</xref>.</subsection><subsection number="53-2a-702(5)(b)(ii)"> Local government members may decline to receive per diem and expenses for their service.</subsection></subsection></subsection><subsection number="53-2a-702(6)"> Requirements of the federal Emergency Planning and Community Right To Know Act of 1986 pertaining to notification and submission of information are the law of this state, and apply equally to federal agencies, departments, installations, and facilities located in this state, as well as to other facilities that are subject to that act.</subsection></section><section number="53-2a-703"><histories><history>Amended by Chapter <modchap sess="2021GS">437</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Hazardous materials emergency -- Recovery of expenses.</catchline><subsection number="53-2a-703(1)"><subsection number="53-2a-703(1)(a)"> The Hazardous Chemical Emergency Response Commission may recover from those persons whose negligent actions caused the hazardous materials emergency, expenses directly associated with a response to a hazardous materials emergency taken under authority of this part, <xref depth="2" refnumber="53-2a-1" start="0">Title 53, Chapter 2a, Part 1, Emergency Management Act</xref>, or <xref depth="2" refnumber="53-2a-2" start="0">Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act</xref>, that are incurred by:<subsection number="53-2a-703(1)(a)(i)"> a state agency;</subsection><subsection number="53-2a-703(1)(a)(ii)"> a political subdivision as defined in Section <xref depth="3" refnumber="53-2a-203" start="0">53-2a-203</xref>; or</subsection><subsection number="53-2a-703(1)(a)(iii)"> an interlocal entity, described in Section <xref depth="3" refnumber="11-13-203" start="0">11-13-203</xref>, providing emergency services to a political subdivision pursuant to written agreement.</subsection></subsection><subsection number="53-2a-703(1)(b)"> The payment of expenses under this Subsection <xref depth="4" refnumber="53-2a-703(1)" start="0">(1)</xref> is not an admission of liability or negligence in any legal action for damages.</subsection><subsection number="53-2a-703(1)(c)"> The Hazardous Chemical Emergency Response Commission may obtain assistance from the attorney general or a county attorney of the affected jurisdiction to assist in recovering expenses and legal fees.</subsection><subsection number="53-2a-703(1)(d)"> Any recovered costs shall be deposited in the General Fund as dedicated credits to be used by the division to reimburse an entity described in Subsection <xref depth="4" refnumber="53-2a-703(1)(a)" start="0">(1)(a)</xref> for costs incurred by the entity.</subsection></subsection><subsection number="53-2a-703(2)"><subsection number="53-2a-703(2)(a)"> If the cost directly associated with emergency response exceeds all available funds of the division within a given fiscal year, the division, with approval from the governor, may incur a deficit in its line item budget.</subsection><subsection number="53-2a-703(2)(b)"> The Legislature shall provide a supplemental appropriation in the following year to cover the deficit.</subsection><subsection number="53-2a-703(2)(c)"> The division shall deposit all costs associated with any emergency response that are collected in subsequent fiscal years into the General Fund.</subsection></subsection><subsection number="53-2a-703(3)"> Any political subdivision may enact local ordinances pursuant to existing statutory or constitutional authority to provide for the recovery of expenses incurred by the political subdivision.</subsection></section></part><part number="53-2a-8"><catchline>Emergency Interim Succession Act</catchline><section number="53-2a-801"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Title.</catchline><tab/>This part is known as the "Emergency Interim Succession Act." </section><section number="53-2a-802"><histories><history>Amended by Chapter <modchap sess="2024GS">240</modchap>, 2024 General Session</history><modyear>2024</modyear><history>Amended by Chapter <modchap sess="2024GS">438</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Definitions.</catchline><subsection number="53-2a-802(1)"><subsection number="53-2a-802(1)(a)">"Absent" means:<subsection number="53-2a-802(1)(a)(i)">not physically present or not able to be communicated with for 48 hours; or</subsection><subsection number="53-2a-802(1)(a)(ii)">for local government officers, as defined by local ordinances.</subsection></subsection><subsection number="53-2a-802(1)(b)">"Absent" does not include a person who can be communicated with via telephone, radio, or telecommunications.</subsection></subsection><subsection number="53-2a-802(2)">"Department" means the Department of Government Operations, the Department of Agriculture and Food, the Alcoholic Beverage Services Commission, the Department of Commerce, the Department of Cultural and Community Engagement, the Department of Corrections, the Department of Environmental Quality, the Department of Financial Institutions, the Department of Health and Human Services, the Department of Workforce Services, the Labor Commission, the National Guard, the Department of Insurance, the Department of Natural Resources, the Department of Public Safety, the Public Service Commission, the State Tax Commission, the Department of Transportation, any other major administrative subdivisions of state government, the State Board of Education, the Utah Board of Higher Education, the Utah Housing Corporation, the State Retirement Board, and each institution of higher education within the system of higher education.</subsection><subsection number="53-2a-802(3)">"Division" means the Division of Emergency Management established in Title 53, Chapter 2a, Part 1, Emergency Management Act.</subsection><subsection number="53-2a-802(4)">"Emergency interim successor" means a person designated by this part to exercise the powers and discharge the duties of an office when the person legally exercising the powers and duties of the office is unavailable.</subsection><subsection number="53-2a-802(5)">"Executive director" means the person with ultimate responsibility for managing and overseeing the operations of each department, however denominated.</subsection><subsection number="53-2a-802(6)"><subsection number="53-2a-802(6)(a)">"Office" includes all state and local offices, the powers and duties of which are defined by constitution, statutes, charters, optional plans, ordinances, articles, or by-laws.</subsection><subsection number="53-2a-802(6)(b)">"Office" does not include the office of governor or the legislative or judicial offices.</subsection></subsection><subsection number="53-2a-802(7)">"Place of governance" means the physical location where the powers of an office are being exercised.</subsection><subsection number="53-2a-802(8)">"Political subdivision" includes counties, cities, towns, districts, authorities, and other public corporations and entities whether organized and existing under charter or general law.</subsection><subsection number="53-2a-802(9)">"Political subdivision officer" means a person holding an office in a political subdivision.</subsection><subsection number="53-2a-802(10)">"State officer" means the attorney general, the state treasurer, the state auditor, and the executive director of each department.</subsection><subsection number="53-2a-802(11)">"Unavailable" means:<subsection number="53-2a-802(11)(a)">absent from the place of governance during a disaster that seriously disrupts normal governmental operations, whether or not that absence or inability would give rise to a vacancy under existing constitutional or statutory provisions; or</subsection><subsection number="53-2a-802(11)(b)">as otherwise defined by local ordinance.</subsection></subsection></section><section number="53-2a-803"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Emergency interim successor to office of governor.</catchline><subsection number="53-2a-803(1)"> If the governor is unavailable, and if the lieutenant governor, president of the Senate, and the speaker of the House of Representatives are unavailable to exercise the powers and duties of the office of governor, the attorney general, state auditor, or state treasurer shall, in the order named, exercise the powers and duties of the office of governor until: <subsection number="53-2a-803(1)(a)"> the governor, lieutenant governor, president of the Senate, or speaker of the House of Representatives becomes available; or</subsection><subsection number="53-2a-803(1)(b)"> a new governor is elected and qualified.</subsection></subsection><subsection number="53-2a-803(2)"> Notwithstanding the provisions of Subsection <xref depth="4" refid="C53-2a-S803_1800010118000101" refnumber="53-2a-803(1)" start="0">(1)</xref>, no emergency interim successor to the lieutenant governor, president of the Senate, speaker of the House of Representatives, attorney general, state auditor, or state treasurer may serve as governor.</subsection></section><section number="53-2a-804"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Emergency interim successors for state officers.</catchline><subsection number="53-2a-804(1)"> By July 1 of each year, each state officer shall: <subsection number="53-2a-804(1)(a)"> designate three qualified emergency interim successors from within the state officer's department who meet the constitutional qualifications for the office, if any;</subsection><subsection number="53-2a-804(1)(b)"> specify their order of succession;</subsection><subsection number="53-2a-804(1)(c)"> provide a list of those designated successors to the division; and</subsection><subsection number="53-2a-804(1)(d)"> notify emergency interim successors within 30 days of designation.</subsection></subsection><subsection number="53-2a-804(2)"><subsection number="53-2a-804(2)(a)"> If any state officer is unavailable following a disaster, and if the state officer's deputy, if any, is also unavailable, a designated emergency interim successor shall exercise the powers and duties of the office according to the order of succession specified by the state officer.</subsection><subsection number="53-2a-804(2)(b)"> An emergency interim successor other than the attorney general, state auditor, or state treasurer shall exercise the state officer's powers and duties only until:<subsection number="53-2a-804(2)(b)(i)"> the person exercising the powers and duties of the office of governor appoints a successor to fill the vacancy;</subsection><subsection number="53-2a-804(2)(b)(ii)"> a permanent successor is appointed or elected and qualified as provided by law; or</subsection><subsection number="53-2a-804(2)(b)(iii)"> the state officer, the state officer's deputy, or an emergency interim successor earlier in the order of succession becomes available to exercise or resume the exercise of the powers and duties of the office.</subsection></subsection><subsection number="53-2a-804(2)(c)"> An emergency interim successor of the attorney general, state auditor, or state treasurer shall exercise the powers and duties of those offices only until:<subsection number="53-2a-804(2)(c)(i)"> a permanent successor is appointed or elected and qualified as provided by law; or</subsection><subsection number="53-2a-804(2)(c)(ii)"> the attorney general, state auditor, or state treasurer, their deputy, or an emergency interim successor earlier in the order of succession becomes available to exercise or resume the exercise of the powers and duties of the office.</subsection></subsection></subsection></section><section number="53-2a-805"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Division to consult with legislative and judicial branch.</catchline><tab/>The Division of Emergency Management may consult with the Legislative Management Committee, the Judicial Council, and legislative and judicial staff offices to assist the division in preparing emergency succession plans and procedures. </section><section number="53-2a-806"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Place of legislative session.</catchline><subsection number="53-2a-806(1)"> If the governor or the governor's interim successor declares a state of emergency or finds that a state of emergency is imminent, and the governor or the interim successor determines that the prescribed place of session is unsafe, the governor may change the place of session to any place in Utah that the governor considers safe and convenient.</subsection><subsection number="53-2a-806(2)"> Each legislator shall proceed to the place of session as expeditiously as practicable.</subsection></section><section number="53-2a-807"><histories><history>Amended by Chapter <modchap sess="2021GS">106</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Emergency interim successors for local officers.</catchline><subsection number="53-2a-807(1)"> By July 1 of each year, each political subdivision shall: <subsection number="53-2a-807(1)(a)"> for each officer and the emergency manager described in <xref depth="2" refnumber="53-2a-14" start="2">Part 14, Local Emergency Management Act</xref>, designate three emergency interim successors and specify their order of succession;</subsection><subsection number="53-2a-807(1)(b)"> identify the political subdivision's alerting authority and any individuals authorized to send emergency alerts;</subsection><subsection number="53-2a-807(1)(c)"> provide a list of those designated successors and individuals to the division; and</subsection><subsection number="53-2a-807(1)(d)"> have an emergency alert plan in place and provide a copy of the plan to the division.</subsection></subsection><subsection number="53-2a-807(2)"> In the event that a political subdivision does not designate emergency interim successors as required under Subsection <xref depth="4" refnumber="53-2a-807(1)" start="0">(1)</xref>, the order of succession shall be as follows: <subsection number="53-2a-807(2)(a)"> the chief executive officer of the political subdivision;</subsection><subsection number="53-2a-807(2)(b)"> the chief deputy executive officer of the political subdivision;</subsection><subsection number="53-2a-807(2)(c)"> the chair of the legislative body of the political subdivision; and</subsection><subsection number="53-2a-807(2)(d)"> the chief law enforcement officer of the political subdivision.</subsection></subsection><subsection number="53-2a-807(3)"><subsection number="53-2a-807(3)(a)"> Notwithstanding any other provision of law:<subsection number="53-2a-807(3)(a)(i)"> if any political subdivision officer or the political subdivision officer's legal deputy, if any, is unavailable, a designated emergency interim successor shall exercise the powers and duties of the office according to the order of succession specified by the political subdivision officer; or</subsection><subsection number="53-2a-807(3)(a)(ii)"> counties may provide by ordinance that one member of the county legislative body may act as the county legislative body if the other members are absent.</subsection></subsection><subsection number="53-2a-807(3)(b)"> An emergency interim successor shall exercise the powers and duties of the office only until:<subsection number="53-2a-807(3)(b)(i)"> the vacancy is filled in accordance with the constitution or statutes; or</subsection><subsection number="53-2a-807(3)(b)(ii)"> the political subdivision officer, the political subdivision officer's deputy, or an emergency interim successor earlier in the order of succession becomes available to exercise the powers and duties of the office.</subsection></subsection></subsection><subsection number="53-2a-807(4)"> The legislative bodies of each political subdivision may enact resolutions or ordinances consistent with this part and also provide for emergency interim successors to officers of the political subdivision not governed by this section.</subsection></section><section number="53-2a-808"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Formalities of taking office.</catchline><subsection number="53-2a-808(1)"> At the time that they are appointed as emergency interim successors or special emergency judges, emergency interim successors and special emergency judges shall sign prospectively whatever oath is required to enable them to exercise the powers and duties of the office to which they may succeed.</subsection><subsection number="53-2a-808(2)"> Notwithstanding any other provision of law, no person is required to comply with any other provision of law relative to taking office as a prerequisite to the exercise of the powers or discharge of the duties of an office to which the person succeeds.</subsection></section><section number="53-2a-809"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Period in which authority may be exercised.</catchline><subsection number="53-2a-809(1)"> Persons authorized to act as governor, emergency interim successors, and special emergency judges shall exercise the powers and duties of the office to which they succeed only when a disaster has occurred.</subsection><subsection number="53-2a-809(2)"><subsection number="53-2a-809(2)(a)"> Emergency interim successors serve for 30 days after the date the governor or the governor's emergency successor calls the Legislature into special session, unless the unavailability of the elected official ends or an emergency interim successor earlier in the order of succession becomes available before expiration of the 30-day period.</subsection><subsection number="53-2a-809(2)(b)"> Notwithstanding the provisions of Subsection <xref depth="4" refid="C53-2a-S809_1800010118000101" refnumber="53-2a-809(2)(a)" start="0">(2)(a)</xref>, if the emergency interim successor is serving for a legislator who is killed or resigns, the emergency interim successor shall serve until the legislator's legal replacement is sworn in.</subsection></subsection><subsection number="53-2a-809(3)"> The Legislature, by concurrent resolution, may: <subsection number="53-2a-809(3)(a)"> terminate the authority of any or all emergency interim successors and special emergency judges to exercise the powers and duties of their office at any time; and</subsection><subsection number="53-2a-809(3)(b)"> extend the time during which any or all emergency interim successors and special emergency judges may exercise the powers and duties of their office.</subsection></subsection></section><section number="53-2a-810"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Removal of designees.</catchline><tab/>Until the persons designated as emergency interim successors or special emergency judges succeed to the exercise of the powers and duties of an office, they shall serve as emergency interim successors or special emergency judges at the pleasure of the designating authority and may be removed and replaced by the designating authority at any time, with or without cause. </section><section number="53-2a-811"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Disputes.</catchline><tab/>Except for factual disputes concerning the office of governor, the governor shall adjudicate any dispute concerning a question of fact arising under this part concerning a state officer. The governor's decision is final. </section><section number="53-2a-812"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Governor to declare location of emergency seat of government.</catchline><subsection number="53-2a-812(1)"> Whenever, due to an emergency resulting from the effects of a disaster, it becomes imprudent, inexpedient, or impossible to conduct the affairs of the state government in Salt Lake City, Utah, the governor shall: <subsection number="53-2a-812(1)(a)"> by proclamation, declare an emergency temporary location for the seat of government in Utah; and</subsection><subsection number="53-2a-812(1)(b)"> take whatever action and issue whatever orders are necessary for an orderly transition of the affairs of the state government to that emergency temporary location.</subsection></subsection><subsection number="53-2a-812(2)"> That emergency temporary location shall remain as the seat of government until the Legislature establishes a new location by law, or until the emergency is declared to be ended by the governor and the seat of government is returned to its normal location.</subsection><subsection number="53-2a-812(3)"> Local governments may provide, by ordinance, for temporary emergency locations for the seat of government.</subsection></section><section number="53-2a-813"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Official acts at emergency seat of government -- Validity.</catchline><tab/>During the time when the seat of government remains at an emergency location, all official acts required by law to be performed at the seat of government by any officer, agency, department, or authority of this state or local government, including the convening and meeting of the Legislature in regular, extraordinary, or emergency session, shall be as valid and binding as when performed at the normal location of the seat of government. </section></part><part number="53-2a-9"><catchline>Energy Emergency Plan</catchline><section number="53-2a-901"><histories><history>Enacted by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Title.</catchline><tab/>This part is known as the "Energy Emergency Plan." </section><section number="53-2a-902"><histories><history>Amended by Chapter <modchap sess="2016GS">13</modchap>, 2016 General Session</history><modyear>2016</modyear></histories><catchline>Energy emergency plan.</catchline><subsection number="53-2a-902(1)"> The division shall develop an energy emergency plan consistent with <xref depth="2" refnumber="53-2a-10" start="0">Title 53, Chapter 2a, Part 10, Energy Emergency Powers of the Governor Act</xref>.</subsection><subsection number="53-2a-902(2)"> In developing the energy emergency plan, the division shall coordinate with: <subsection number="53-2a-902(2)(a)"> the Division of Public Utilities;</subsection><subsection number="53-2a-902(2)(b)"> the Division of Oil, Gas, and Mining;</subsection><subsection number="53-2a-902(2)(c)"> the Division of Air Quality; and</subsection><subsection number="53-2a-902(2)(d)"> the Department of Agriculture and Food with regard to weights and measures.</subsection></subsection><subsection number="53-2a-902(3)"> The energy emergency plan shall: <subsection number="53-2a-902(3)(a)"> designate the division as the entity that will coordinate the implementation of the energy emergency plan;</subsection><subsection number="53-2a-902(3)(b)"> provide for annual review of the energy emergency plan;</subsection><subsection number="53-2a-902(3)(c)"> provide for cooperation with public utilities and other relevant private sector persons;</subsection><subsection number="53-2a-902(3)(d)"> provide a procedure for maintaining a current list of contact persons required under the energy emergency plan; and</subsection><subsection number="53-2a-902(3)(e)"> provide that the energy emergency plan may only be implemented if the governor declares:<subsection number="53-2a-902(3)(e)(i)"> a state of emergency as provided in <xref depth="2" refnumber="53-2a-2" start="0">Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act</xref>; or</subsection><subsection number="53-2a-902(3)(e)(ii)"> a state of emergency related to energy as provided in <xref depth="2" refnumber="53-2a-10" start="0">Title 53, Chapter 2a, Part 10, Energy Emergency Powers of the Governor Act</xref>.</subsection></subsection></subsection><subsection number="53-2a-902(4)"> If an event requires the implementation of the energy emergency plan, the division shall report on that event and the implementation of the energy emergency plan to: <subsection number="53-2a-902(4)(a)"> the governor; and</subsection><subsection number="53-2a-902(4)(b)"> the Public Utilities, Energy, and Technology Interim Committee.</subsection></subsection><subsection number="53-2a-902(5)"> If the energy emergency plan includes a procedure for obtaining information, the energy emergency plan shall incorporate reporting procedures that conform to existing requirements of federal, state, and local regulatory authorities wherever possible.</subsection></section></part><part number="53-2a-10"><catchline>Energy Emergency Powers of the Governor Act</catchline><section number="53-2a-1001"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Title.</catchline><tab/>This part is known as the "Energy Emergency Powers of the Governor Act." </section><section number="53-2a-1002"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Legislative findings and purpose.</catchline><subsection number="53-2a-1002(1)"> The Legislature finds that the lack of energy resources and other energy resource emergencies may threaten the availability of essential services and transportation and the operation of the economy, jeopardizing the peace, health, safety, and welfare of the people of this state.</subsection><subsection number="53-2a-1002(2)"> The Legislature further finds that it is necessary to provide an orderly procedure for anticipating and responding to energy resource shortages and disruptions and to grant, under conditions prescribed in this part, emergency powers to the governor to order involuntary curtailments in the use of energy resources.</subsection><subsection number="53-2a-1002(3)"> The Legislature further finds and declares that it is the policy of this state to assist the United States in effective management and control of factors and situations as contribute to an emergency affecting or likely to affect this state; to cooperate with other states in matters related to an emergency affecting or likely to affect this state; to meet extraordinary conditions in this state arising out of the crisis by taking steps as are necessary and appropriate; and generally to protect the peace, health, safety, and welfare of the people of this state.</subsection></section><section number="53-2a-1003"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>"Energy resources" defined.</catchline><tab/>As used in this part, "energy resources" includes electricity, natural gas, gasoline and middle distillates, coal, wood fuels, geothermal sources, radioactive materials, and any other resource yielding energy. </section><section number="53-2a-1004"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Information-gathering powers -- Subpoena power -- Coordination with other regulatory authorities.</catchline><subsection number="53-2a-1004(1)"> On a continuing basis the governor may obtain all necessary information from energy resource producers, manufacturers, suppliers, and consumers doing business within, and from political subdivisions in, this state as necessary to determine whether shortages or an emergency will require energy resource conservation measures. This information may include, but shall not be limited to: <subsection number="53-2a-1004(1)(a)"> sales volumes;</subsection><subsection number="53-2a-1004(1)(b)"> forecasts of energy resource requirements;</subsection><subsection number="53-2a-1004(1)(c)"> from manufacturers, suppliers, and consumers, an inventory of energy resources; and</subsection><subsection number="53-2a-1004(1)(d)"> local distribution patterns of the information described in Subsections <xref depth="4" refid="C53-2a-S1004_1800010118000101" refnumber="53-2a-1004(1)(a)" start="0">(1)(a)</xref>, <xref depth="4" refid="C53-2a-S1004_1800010118000101" refnumber="53-2a-1004(1)(b)" start="0">(1)(b)</xref>, and <xref depth="4" refid="C53-2a-S1004_1800010118000101" refnumber="53-2a-1004(1)(c)" start="0">(1)(c)</xref>.</subsection></subsection><subsection number="53-2a-1004(2)"> In obtaining information at any time from energy resource producers, manufacturers, suppliers, or consumers under Subsection <xref depth="4" refid="C53-2a-S1004_1800010118000101" refnumber="53-2a-1004(1)(c)" start="0">(1)(c)</xref> and in obtaining any other information under Subsection <xref depth="4" refid="C53-2a-S1004_1800010118000101" refnumber="53-2a-1004(1)" start="0">(1)</xref> during a state of emergency proclaimed, the governor may subpoena witnesses, material and relevant books, papers, accounts, records, and memoranda, administer oaths, and cause the depositions of persons residing within or without the state to be taken in the manner prescribed for depositions in civil actions in district courts, to obtain information relevant to energy resources that are the subject of the proclaimed emergency.</subsection><subsection number="53-2a-1004(3)"> In obtaining information under this section the governor shall: <subsection number="53-2a-1004(3)(a)"> seek to avoid eliciting information already furnished by a person or political subdivision in this state to a federal, state, or local regulatory authority that is available for the governor's study; and</subsection><subsection number="53-2a-1004(3)(b)"> cause reporting procedures, including forms, to conform to existing requirements of federal, state, and local regulatory authorities wherever possible.</subsection></subsection></section><section number="53-2a-1005"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Confidential nature of information preserved -- Relief from subpoena -- Unauthorized disclosure as misdemeanor -- Removal from office.</catchline><subsection number="53-2a-1005(1)"> Information furnished pursuant to Section <xref depth="3" refid="C53-2a-S1004_1800010118000101" refnumber="53-2a-1004" start="0">53-2a-1004</xref> and designated by that person as confidential shall be maintained as confidential by the governor and any person who obtains information which the person knows to be confidential under this part. The governor shall not make known in any manner any particulars of such information to persons other than those specified in Subsection <xref depth="4" refid="C53-2a-S1005_1800010118000101" refnumber="53-2a-1005(4)" start="0">(4)</xref>. No subpoena or judicial order may be issued compelling the governor or any other person to divulge or make known such confidential information, except when relevant to a prosecution for violation of Subsection <xref depth="4" refid="C53-2a-S1005_1800010118000101" refnumber="53-2a-1005(5)" start="0">(5)</xref>.</subsection><subsection number="53-2a-1005(2)"> Nothing in this section shall prohibit the use of confidential information to prepare statistics or other general data for publication, so presented as to prevent identification of particular persons.</subsection><subsection number="53-2a-1005(3)"> Any person who is served with a subpoena to give testimony orally or in writing, or to produce books, papers, correspondence, memoranda, agreements, or other documents or records pursuant to this part may apply to any district court of this state for protection against abuse or hardship in the manner provided by law.</subsection><subsection number="53-2a-1005(4)"> References to the governor in this section include the governor and any other individuals designated for this purpose in writing by the governor.</subsection><subsection number="53-2a-1005(5)"> Any person who wilfully discloses confidential information in violation of this section is guilty of a class A misdemeanor and, in addition, may be subject to removal from office or immediate dismissal from public employment.</subsection></section><section number="53-2a-1006"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Curtailment of energy use -- Standby priorities -- Restriction on involuntary curtailment.</catchline><tab/>In consultation with appropriate federal and state officials and officials of political subdivisions in this state, the governor shall cause to be established, and revised as appropriate, standby priorities for curtailment in the use of energy resources. Involuntary curtailments, however, may be ordered only by means of executive orders issued pursuant to this part. </section><section number="53-2a-1007"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Proclamation of emergency -- Effective period -- Extension of renewal by Legislature.</catchline><subsection number="53-2a-1007(1)"><subsection number="53-2a-1007(1)(a)"> The governor may issue a proclamation declaring that a state of emergency exists with regard to one or more energy resources if the governor determines that an existing or imminent severe disruption or impending shortage in the supply of one or more energy resources, in this state or elsewhere:<subsection number="53-2a-1007(1)(a)(i)"> threatens: <subsection number="53-2a-1007(1)(a)(i)(A)"> the availability of essential services or transportation; or</subsection><subsection number="53-2a-1007(1)(a)(i)(B)"> the operation of the economy; and</subsection></subsection><subsection number="53-2a-1007(1)(a)(ii)"> because of the threats described in Subsection <xref depth="4" refid="C53-2a-S1007_1800010118000101" refnumber="53-2a-1007(1)(a)(i)" start="0">(1)(a)(i)</xref>, jeopardizes the peace, health, safety, and welfare of the people of this state.</subsection></subsection><subsection number="53-2a-1007(1)(b)"> The proclamation declaring a state of emergency described in Subsection <xref depth="4" refid="C53-2a-S1007_1800010118000101" refnumber="53-2a-1007(1)(a)" start="0">(1)(a)</xref> shall state with specificity the nature of the disruption or shortage in an energy resource.</subsection><subsection number="53-2a-1007(1)(c)"><subsection number="53-2a-1007(1)(c)(i)"> Within seven calendar days of the day on which the governor issues a proclamation declaring a state of emergency under this section, the Legislative Management Committee shall: <subsection number="53-2a-1007(1)(c)(i)(A)"> review the proclamation; and</subsection><subsection number="53-2a-1007(1)(c)(i)(B)"> advise the governor on the proclamation.</subsection></subsection><subsection number="53-2a-1007(1)(c)(ii)"> The failure of the Legislative Management Committee to meet as required by Subsection <xref depth="4" refid="C53-2a-S1007_1800010118000101" refnumber="53-2a-1007(1)(c)(i)" start="0">(1)(c)(i)</xref> does not affect the validity of the proclamation declaring a state of emergency.</subsection></subsection></subsection><subsection number="53-2a-1007(2)"><subsection number="53-2a-1007(2)(a)"> A proclamation issued under this section, and any order or rule issued as a result of the proclamation shall continue in effect until 60 days from the date of the proclamation of the state of emergency unless the governor rescinds the proclamation and declares the emergency ended prior to the expiration of this 60-day period.</subsection><subsection number="53-2a-1007(2)(b)"> A proclamation issued within 30 days of the expiration of a prior proclamation for the same emergency shall be considered a renewal or extension subject to Subsection <xref depth="4" refid="C53-2a-S1007_1800010118000101" refnumber="53-2a-1007(3)" start="0">(3)</xref>.</subsection></subsection><subsection number="53-2a-1007(3)"> A proclamation may be renewed or extended only by joint resolution of the Legislature.</subsection></section><section number="53-2a-1008"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Curtailment, adjustment, and allocation of energy use by executive orders -- Limitations and considerations in issuance and application.</catchline><subsection number="53-2a-1008(1)"> Upon issuance of a proclamation pursuant to Section <xref depth="3" refid="C53-2a-S1007_1800010118000101" refnumber="53-2a-1007" start="0">53-2a-1007</xref>, the governor in addition may by executive order: <subsection number="53-2a-1008(1)(a)"> require reduction in energy resource usage and the application of conservation, prevention of waste, and the salvaging of energy resources and the materials, services, and facilities derived therefrom or dependent thereon, by state agencies and political subdivisions in this state;</subsection><subsection number="53-2a-1008(1)(b)"> direct the establishment by state agencies and political subdivisions in this state of programs necessary to implement and comply with federal energy conservation programs where these programs have not theretofore been so established, including, but not limited to, allocation or rationing of energy resources and the distribution of the state's discretionary allotments;</subsection><subsection number="53-2a-1008(1)(c)"> require involuntary curtailments, adjustments, or allocations in the supply and consumption of energy resources applicable to all suppliers and consumers including, but not limited to, specification of the times and manner in which these resources are supplied or consumed; or</subsection><subsection number="53-2a-1008(1)(d)"> prescribe and direct activities promoting the conservation, prevention of waste, and salvage of energy resources and the materials, services, and facilities derived therefrom or dependent thereon, including, but not limited to, the modification of transportation routes and schedules, or the suspension of weight limits or other restrictions from the transportation of energy resources, to the extent permissible under federal law and regulations.</subsection></subsection><subsection number="53-2a-1008(2)"> Any restrictions, curtailments, adjustments, or allocations pursuant to Subsection <xref depth="4" refid="C53-2a-S1008_1800010118000101" refnumber="53-2a-1008(1)" start="0">(1)</xref> shall: <subsection number="53-2a-1008(2)(a)"> be ordered and continue only so long as demonstrably necessary for the maintenance of essential services or transportation, or the continued operation of the economy but no longer than the duration of the proclamation;</subsection><subsection number="53-2a-1008(2)(b)"> be applied as uniformly as practicable within each class of suppliers and consumers and without discrimination within a class; and</subsection><subsection number="53-2a-1008(2)(c)"> give due consideration to the needs of commercial, retail, professional, and service establishments whose normal function is to supply goods or services or both of an essential nature, including, but not limited to, food, lodging, fuel, or medical care facilities during times of the day other than conventional daytime working hours.</subsection></subsection></section><section number="53-2a-1009"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Other emergency powers of governor unaffected.</catchline><tab/>The powers vested in the governor under this part shall be in addition to, and not in lieu of, any other emergency powers otherwise constitutionally or statutorily vested in the governor. </section><section number="53-2a-1010"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Existing agencies to be used in implementation.</catchline><tab/>The governor shall use, to the extent practicable, existing state boards, commissions, or agencies or officers or employees for the purpose of carrying out the provisions of this part. </section><section number="53-2a-1011"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Enforcement of orders and rules.</catchline><tab/>The governor may apply to any district court for appropriate equitable relief against any person violating or failing to carry out the provisions of this part or any order or rule issued pursuant to this part. </section><section number="53-2a-1012"><histories><history>Renumbered and Amended by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Rules and regulations -- Approval by Legislature.</catchline><tab/>The board, commission, or agency designated by the governor for carrying out the provisions of this part is authorized to promulgate rules and regulations as are necessary for effective administration of this part with approval of the Legislature. </section></part><part number="53-2a-11"><catchline>Search and Rescue Act</catchline><section number="53-2a-1101"><histories><history>Enacted by Chapter <modchap sess="2013GS">295</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Title.</catchline><tab/>This part is known as the "Search and Rescue Act." </section><section number="53-2a-1102"><histories><history>Amended by Chapter <modchap sess="2025GS">285</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Search and Rescue Financial Assistance Program -- Uses -- Rulemaking -- Distribution.</catchline><subsection number="53-2a-1102(1)">As used in this section:<subsection number="53-2a-1102(1)(a)">"Assistance card program" means the Utah Search and Rescue Assistance Card Program created within this section.</subsection><subsection number="53-2a-1102(1)(b)">"Card" means the Search and Rescue Assistance Card issued under this section to a participant.</subsection><subsection number="53-2a-1102(1)(c)">"Participant" means an individual, family, or group who is registered pursuant to this section as having a valid card at the time search, rescue, or both are provided.</subsection><subsection number="53-2a-1102(1)(d)">"Program" means the Search and Rescue Financial Assistance Program created within this section.</subsection><subsection number="53-2a-1102(1)(e)"><subsection number="53-2a-1102(1)(e)(i)">"Reimbursable base expenses" means those reasonable expenses incidental to search and rescue activities.</subsection><subsection number="53-2a-1102(1)(e)(ii)">"Reimbursable base expenses" include:<subsection number="53-2a-1102(1)(e)(ii)(A)">rental for fixed wing aircraft, snowmobiles, boats, and generators;</subsection><subsection number="53-2a-1102(1)(e)(ii)(B)">replacement and upgrade of search and rescue equipment;</subsection><subsection number="53-2a-1102(1)(e)(ii)(C)">training of search and rescue volunteers;</subsection><subsection number="53-2a-1102(1)(e)(ii)(D)">costs of providing life insurance and workers' compensation benefits for volunteer search and rescue team members under Section <xref depth="3" refnumber="67-20-7.5" start="0">67-20-7.5</xref>; and</subsection><subsection number="53-2a-1102(1)(e)(ii)(E)">any other equipment or expenses necessary or appropriate for conducting search and rescue activities.</subsection></subsection><subsection number="53-2a-1102(1)(e)(iii)">"Reimbursable base expenses" do not include any salary or overtime paid to an individual on a regular or permanent payroll, including permanent part-time employees of any agency of the state.</subsection></subsection><subsection number="53-2a-1102(1)(f)">"Rescue" means search services, rescue services, or both search and rescue services.</subsection></subsection><subsection number="53-2a-1102(2)">There is created the Search and Rescue Financial Assistance Program within the division.</subsection><subsection number="53-2a-1102(3)"><subsection number="53-2a-1102(3)(a)">The financial program and the assistance card program shall be funded from the following revenue sources:<subsection number="53-2a-1102(3)(a)(i)">any voluntary contributions to the state received for search and rescue operations;</subsection><subsection number="53-2a-1102(3)(a)(ii)">money received by the state under Subsection <xref depth="4" refnumber="53-2a-1102(11)" start="0">(11)</xref> and under Sections <xref depth="3" refnumber="23A-4-209" start="0">23A-4-209</xref>, <xref depth="3" refnumber="41-22-34" start="0">41-22-34</xref>, and <xref depth="3" refnumber="73-18-24" start="0">73-18-24</xref>;</subsection><subsection number="53-2a-1102(3)(a)(iii)">money deposited under Section <xref depth="3" refnumber="59-12-103">59-12-103</xref> as a dedicated credit for the sole use of the Search and Rescue Financial Assistance Program;</subsection><subsection number="53-2a-1102(3)(a)(iv)">contributions deposited in accordance with Section <xref depth="3" refnumber="41-1a-230.7" start="0">41-1a-230.7</xref>; and</subsection><subsection number="53-2a-1102(3)(a)(v)">appropriations made to the program by the Legislature.</subsection></subsection><subsection number="53-2a-1102(3)(b)">Money received from the revenue sources in Subsections <xref depth="4" refnumber="53-2a-1102(3)(a)(i)" start="0">(3)(a)(i)</xref>, <xref depth="4" refnumber="53-2a-1102(3)(a)(ii)" start="0">(ii)</xref>, and <xref depth="4" refnumber="53-2a-1102(3)(a)(iv)" start="0">(iv)</xref>, and 90% of the money described in Subsection <xref depth="4" refnumber="53-2a-1102(3)(a)(iii)" start="0">(3)(a)(iii)</xref>, shall be deposited into the General Fund as a dedicated credit to be used solely for the program.</subsection><subsection number="53-2a-1102(3)(c)">Ten percent of the money described in Subsection <xref depth="4" refnumber="53-2a-1102(3)(a)(iii)" start="0">(3)(a)(iii)</xref> shall be deposited into the General Fund as a dedicated credit to be used solely to promote the assistance card program.</subsection><subsection number="53-2a-1102(3)(d)">Funding for the program is nonlapsing.</subsection></subsection><subsection number="53-2a-1102(4)">Subject to Subsections <xref depth="4" refnumber="53-2a-1102(3)(b)" start="0">(3)(b)</xref> and <xref depth="4" refnumber="53-2a-1102(3)(c)" start="0">(c)</xref>, the director shall use the money described in this section to reimburse counties for all or a portion of each county's reimbursable base expenses for search and rescue operations, subject to:<subsection number="53-2a-1102(4)(a)">the approval of the Search and Rescue Advisory Board as provided in Section <xref depth="3" refnumber="53-2a-1104" start="0">53-2a-1104</xref>;</subsection><subsection number="53-2a-1102(4)(b)">money available in the program; and</subsection><subsection number="53-2a-1102(4)(c)">rules made under Subsection <xref depth="4" refnumber="53-2a-1102(7)" start="0">(7)</xref>.</subsection></subsection><subsection number="53-2a-1102(5)">Money described in Subsection <xref depth="4" refnumber="53-2a-1102(3)" start="0">(3)</xref> may not be used to reimburse for any paid personnel costs or paid man hours spent in emergency response and search and rescue related activities.</subsection><subsection number="53-2a-1102(6)">The Legislature finds that these funds are for a general and statewide public purpose.</subsection><subsection number="53-2a-1102(7)">The division, with the approval of the Search and Rescue Advisory Board, shall make rules in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, and consistent with this section:<subsection number="53-2a-1102(7)(a)">specifying the costs that qualify as reimbursable base expenses;</subsection><subsection number="53-2a-1102(7)(b)">defining the procedures of counties to submit expenses and be reimbursed;</subsection><subsection number="53-2a-1102(7)(c)">defining a participant in the assistance card program, including:<subsection number="53-2a-1102(7)(c)(i)">individuals; and</subsection><subsection number="53-2a-1102(7)(c)(ii)">families and organized groups who qualify as participants;</subsection></subsection><subsection number="53-2a-1102(7)(d)">defining the procedure for issuing a card to a participant;</subsection><subsection number="53-2a-1102(7)(e)">defining excluded expenses that may not be reimbursed under the program, including medical expenses;</subsection><subsection number="53-2a-1102(7)(f)">establishing the card renewal cycle for the Utah Search and Rescue Assistance Card Program;</subsection><subsection number="53-2a-1102(7)(g)">establishing the frequency of review of the fee schedule;</subsection><subsection number="53-2a-1102(7)(h)">providing for the administration of the program; and</subsection><subsection number="53-2a-1102(7)(i)">providing a formula to govern the distribution of available money among the counties for uncompensated search and rescue expenses based on:<subsection number="53-2a-1102(7)(i)(i)">the total qualifying expenses submitted;</subsection><subsection number="53-2a-1102(7)(i)(ii)">the number of search and rescue incidents per county population;</subsection><subsection number="53-2a-1102(7)(i)(iii)">the number of victims that reside outside the county; and</subsection><subsection number="53-2a-1102(7)(i)(iv)">the number of volunteer hours spent in each county in emergency response and search and rescue related activities per county population.</subsection></subsection></subsection><subsection number="53-2a-1102(8)"><subsection number="53-2a-1102(8)(a)">The division shall, in consultation with the Division of Outdoor Recreation, establish the fee schedule of the Utah Search and Rescue Assistance Card Program under Subsection <xref depth="4" refnumber="63J-1-504(9)">63J-1-504(9)</xref>.</subsection><subsection number="53-2a-1102(8)(b)">The division shall provide a discount of not less than 10% of the card fee under Subsection <xref depth="4" refnumber="53-2a-1102(8)(a)" start="0">(8)(a)</xref> to a person who has paid a fee under Section <xref depth="3" refnumber="23A-4-209" start="0">23A-4-209</xref>, <xref depth="3" refnumber="41-22-34" start="0">41-22-34</xref>, or <xref depth="3" refnumber="73-18-24" start="0">73-18-24</xref> during the same calendar year in which the person applies to be a participant in the assistance card program.</subsection></subsection><subsection number="53-2a-1102(9)">Counties may not bill reimbursable base expenses to an individual for costs incurred for the rescue of an individual, if the individual is a current participant in the Utah Search and Rescue Assistance Card Program at the time of rescue, unless:<subsection number="53-2a-1102(9)(a)">the rescuing county finds that the participant acted recklessly in creating a situation resulting in the need for the county to provide rescue services; or</subsection><subsection number="53-2a-1102(9)(b)">the rescuing county finds that the participant intentionally created a situation resulting in the need for the county to provide rescue services.</subsection></subsection><subsection number="53-2a-1102(10)"><subsection number="53-2a-1102(10)(a)">There is created the Utah Search and Rescue Assistance Card Program. The program is located within the division.</subsection><subsection number="53-2a-1102(10)(b)">The program may not be used to cover any expenses, such as medically related expenses, that are not reimbursable base expenses related to the rescue.</subsection></subsection><subsection number="53-2a-1102(11)"><subsection number="53-2a-1102(11)(a)">To participate in the program, a person shall purchase a search and rescue assistance card from the division by paying the fee as determined by the division in Subsection <xref depth="4" refnumber="53-2a-1102(8)" start="0">(8)</xref>.</subsection><subsection number="53-2a-1102(11)(b)">The money generated by the fees shall be deposited into the General Fund as a dedicated credit for the Search and Rescue Financial Assistance Program created in this section.</subsection><subsection number="53-2a-1102(11)(c)">Participation and payment of fees by a person under Sections <xref depth="3" refnumber="23A-4-209" start="0">23A-4-209</xref>, <xref depth="3" refnumber="41-22-34" start="0">41-22-34</xref>, and <xref depth="3" refnumber="73-18-24" start="0">73-18-24</xref> do not constitute purchase of a card under this section.</subsection></subsection><subsection number="53-2a-1102(12)">The division shall consult with the Division of Outdoor Recreation regarding:<subsection number="53-2a-1102(12)(a)">administration of the assistance card program; and</subsection><subsection number="53-2a-1102(12)(b)">outreach and marketing strategies.</subsection></subsection><subsection number="53-2a-1102(13)">Pursuant to Subsection <xref depth="4" refnumber="31A-1-103(7)" start="0">31A-1-103(7)</xref>, the Utah Search and Rescue Assistance Card Program under this section is exempt from being considered insurance as that term is defined in Section <xref depth="3" refnumber="31A-1-301" start="0">31A-1-301</xref>.</subsection></section><section number="53-2a-1103"><histories><history>Amended by Chapter <modchap sess="2020GS">352</modchap>, 2020 General Session</history><modyear>2020</modyear></histories><catchline>Search and Rescue Advisory Board -- Members -- Compensation.</catchline><subsection number="53-2a-1103(1)"> There is created the Search and Rescue Advisory Board consisting of seven members appointed as follows: <subsection number="53-2a-1103(1)(a)"> two representatives designated by the Utah Sheriff's Association, who are members of a voluntary search and rescue unit operating in the state, one of whom is from a county having a population of 75,000 or more; and one from a county having a population of less than 75,000;</subsection><subsection number="53-2a-1103(1)(b)"> three sheriffs designated by the Utah Sheriff's Association, at least one of whom shall be from a county having a population of 75,000 or more, and at least one of whom shall be from a county having a population of less than 75,000;</subsection><subsection number="53-2a-1103(1)(c)"> one representative of the Division of Emergency Management designated by the director; and</subsection><subsection number="53-2a-1103(1)(d)"> one private citizen appointed by the governor with the advice and consent of the Senate.</subsection></subsection><subsection number="53-2a-1103(2)"><subsection number="53-2a-1103(2)(a)"> The term of each member of the board is four years.</subsection><subsection number="53-2a-1103(2)(b)"> A member may be reappointed to successive terms.</subsection><subsection number="53-2a-1103(2)(c)"> When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.</subsection><subsection number="53-2a-1103(2)(d)"> In order to stagger the terms of membership, the members appointed or reappointed to represent the Utah Sheriff's Association on or after May 2, 2005, shall serve a term of two years, and all subsequent terms shall be four years.</subsection></subsection><subsection number="53-2a-1103(3)"> A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: <subsection number="53-2a-1103(3)(a)"> Section <xref depth="3" refnumber="63A-3-106" start="0">63A-3-106</xref>;</subsection><subsection number="53-2a-1103(3)(b)"> Section <xref depth="3" refnumber="63A-3-107" start="0">63A-3-107</xref>; and</subsection><subsection number="53-2a-1103(3)(c)"> rules made by the Division of Finance pursuant to Sections <xref depth="3" refnumber="63A-3-106" start="0">63A-3-106</xref> and <xref depth="3" refnumber="63A-3-107" start="0">63A-3-107</xref>.</subsection></subsection></section><section number="53-2a-1104"><histories><history>Amended by Chapter <modchap sess="2015GS">258</modchap>, 2015 General Session</history><modyear>2015</modyear></histories><catchline>General duties of the Search and Rescue Advisory Board.</catchline><tab/>The duties of the Search and Rescue Advisory Board shall include:<subsection number="53-2a-1104(1)"> conducting a board meeting at least once per quarter;</subsection><subsection number="53-2a-1104(2)"> receiving applications for reimbursement of eligible expenses from county search and rescue operations by the end of the first quarter of each calendar year;</subsection><subsection number="53-2a-1104(3)"> determining the reimbursement to be provided from the Search and Rescue Financial Assistance Program to each applicant;</subsection><subsection number="53-2a-1104(4)"> standardizing the format and maintaining key search and rescue statistical data from each county within the state; and</subsection><subsection number="53-2a-1104(5)"> disbursing funds accrued in the Search and Rescue Financial Assistance Program, created under Section <xref depth="3" refnumber="53-2a-1102" start="0">53-2a-1102</xref>, to eligible applicants.</subsection></section></part><part number="53-2a-12"><catchline>Facilitating Business Rapid Response to State Declared Disasters Act</catchline><section number="53-2a-1201"><histories><history>Enacted by Chapter <modchap sess="2014GS">376</modchap>, 2014 General Session</history><modyear>2014</modyear></histories><catchline>Title.</catchline><tab/>This part is known as the "Facilitating Business Rapid Response to State Declared Disasters Act."</section><section number="53-2a-1202"><histories><history>Enacted by Chapter <modchap sess="2014GS">376</modchap>, 2014 General Session</history><modyear>2014</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="53-2a-1202(1)"> "Declared state disaster or emergency" means a declared disaster as defined in Section <xref depth="3" refnumber="53-2a-602" start="0">53-2a-602</xref>.</subsection><subsection number="53-2a-1202(2)"> "Disaster- or emergency-related work" means repairing, renovating, installing, building, rendering services, or other business activities that relate to infrastructure that has been damaged, impaired, or destroyed by a declared state disaster or emergency.</subsection><subsection number="53-2a-1202(3)"> "Disaster period" means a period that begins within 10 days after the first day of a declared state disaster or emergency and that extends for a period of 60 calendar days after the end of the declared state disaster or emergency.</subsection><subsection number="53-2a-1202(4)"> "Infrastructure" means property and equipment owned or used by communications networks, electric generation systems, transmission and distribution systems, gas distribution systems, water pipelines, and related support facilities that serve multiple customers or citizens, including real and personal property, such as buildings, offices, power and communication lines and poles, pipes, structures, and equipment.</subsection><subsection number="53-2a-1202(5)"> "Out-of-state business" means a business entity that: <subsection number="53-2a-1202(5)(a)"> has no presence in the state, other than any prior disaster- or emergency-related work, and conducts no business in the state, and whose services are requested by a registered business or by a state or local government for purposes of performing disaster- or emergency-related work in the state; and</subsection><subsection number="53-2a-1202(5)(b)"> has no registration or tax filings or presence sufficient to require the collection or payment of a tax in the state prior to the declared state disaster or emergency.</subsection></subsection><subsection number="53-2a-1202(6)"> "Out-of-state employee" means an employee who does not work in the state, except for disaster- or emergency-related work during the disaster period.</subsection><subsection number="53-2a-1202(7)"> "Registered business" means a business entity that is currently registered to do business in the state prior to the declared state disaster or emergency.</subsection></section><section number="53-2a-1203"><enddate type="SC">10/1/2026</enddate><histories><history>Enacted by Chapter <modchap sess="2014GS">376</modchap>, 2014 General Session</history><modyear>2014</modyear></histories><catchline>Business and employee status during disaster period.</catchline><subsection number="53-2a-1203(1)"> Notwithstanding any other provision, an out-of-state business that conducts operations within the state for purposes of performing work or services related to a declared state disaster or emergency during the disaster period: <subsection number="53-2a-1203(1)(a)"> is not considered to have established a level of presence that would require that business to be subject to any state licensing or registration requirements, provided that the out-of-state business is in substantial compliance with all applicable regulatory and licensing requirements in its state of domicile, including:<subsection number="53-2a-1203(1)(a)(i)"> unemployment insurance;</subsection><subsection number="53-2a-1203(1)(a)(ii)"> state or local occupational licensing fees;</subsection><subsection number="53-2a-1203(1)(a)(iii)"> public service commission regulation; or</subsection><subsection number="53-2a-1203(1)(a)(iv)"> state or local licensing or regulatory requirements; and</subsection></subsection><subsection number="53-2a-1203(1)(b)"> is exempt from the registration requirements under <xref depth="0" refnumber="16" start="0">Title 16, Corporations</xref>, <xref depth="0" refnumber="42" start="0">Title 42, Names</xref>, and <xref depth="0" refnumber="48" start="0">Title 48, Unincorporated Business Entity Act</xref>; and</subsection><subsection number="53-2a-1203(1)(c)"> shall, within a reasonable time after entry, upon the request of the Labor Commission or the Department of Insurance, confirm that it is in compliance with Subsections <xref depth="4" refnumber="34A-2-406(1)(a)" start="0">34A-2-406(1)(a)</xref>, <xref depth="4" refnumber="34A-2-406(1)(b)" start="0">(1)(b)</xref>, and <xref depth="4" refnumber="34A-2-406(2)" start="0">(2)</xref>.</subsection></subsection><subsection number="53-2a-1203(2)"> Notwithstanding any other provision, an out-of-state employee who performs disaster- or emergency-related work specific to a declared state disaster or emergency during the disaster period is not subject to any state licensing or registration requirements provided that the out-of-state employee is in substantial compliance with all applicable regulatory and licensing requirements in the employee's state of residence or state of employment.</subsection><subsection number="53-2a-1203(3)"><subsection number="53-2a-1203(3)(a)"> Income taxation related to an out-of-state employee or an out-of-state business is as provided in:<subsection number="53-2a-1203(3)(a)(i)"><xref depth="1" refnumber="59-7" start="0">Title 59, Chapter 7, Corporate Franchise and Income Taxes</xref>; and</subsection><subsection number="53-2a-1203(3)(a)(ii)"><xref depth="1" refnumber="59-10" start="0">Title 59, Chapter 10, Individual Income Tax Act</xref>.</subsection></subsection><subsection number="53-2a-1203(3)(b)"> Sales and use taxation during a disaster period is as provided in <xref depth="1" refnumber="59-12" start="0">Title 59, Chapter 12, Sales and Use Tax Act</xref>.</subsection><subsection number="53-2a-1203(3)(c)"> Any property brought into the state temporarily during the disaster period is not subject to any state or local ad valorem taxes under <xref depth="1" refnumber="59-2" start="0">Title 59, Chapter 2, Property Tax Act</xref>.</subsection></subsection></section><section number="53-2a-1203"><effdate>10/1/2026</effdate><histories><history>Amended by Chapter <modchap sess="2026GS">92</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Business and employee status during disaster period.</catchline><subsection number="53-2a-1203(1)">Notwithstanding any other provision, an out-of-state business that conducts operations within the state for purposes of performing work or services related to a declared state disaster or emergency during the disaster period:<subsection number="53-2a-1203(1)(a)">is not considered to have established a level of presence that would require that business to be subject to any state licensing or registration requirements, provided that the out-of-state business is in substantial compliance with all applicable regulatory and licensing requirements in its state of domicile, including:<subsection number="53-2a-1203(1)(a)(i)">unemployment insurance;</subsection><subsection number="53-2a-1203(1)(a)(ii)">state or local occupational licensing fees;</subsection><subsection number="53-2a-1203(1)(a)(iii)">public service commission regulation; or</subsection><subsection number="53-2a-1203(1)(a)(iv)">state or local licensing or regulatory requirements; and</subsection></subsection><subsection number="53-2a-1203(1)(b)">is exempt from the registration requirements under Title 16, Business Entities; and</subsection><subsection number="53-2a-1203(1)(c)">shall, within a reasonable time after entry, upon the request of the Labor Commission or the Department of Insurance, confirm that it is in compliance with Subsections <xref depth="4" refnumber="34A-2-406(1)(a)" start="0">34A-2-406(1)(a)</xref>, <xref depth="4" refnumber="34A-2-406(1)(b)" start="0">(1)(b)</xref>, and <xref depth="4" refnumber="34A-2-406(2)" start="0">(2)</xref>.</subsection></subsection><subsection number="53-2a-1203(2)">Notwithstanding any other provision, an out-of-state employee who performs disaster- or emergency-related work specific to a declared state disaster or emergency during the disaster period is not subject to any state licensing or registration requirements provided that the out-of-state employee is in substantial compliance with all applicable regulatory and licensing requirements in the employee's state of residence or state of employment.</subsection><subsection number="53-2a-1203(3)"><subsection number="53-2a-1203(3)(a)">Income taxation related to an out-of-state employee or an out-of-state business is as provided in:<subsection number="53-2a-1203(3)(a)(i)"><xref depth="1" refnumber="59-7" start="0">Title 59, Chapter 7, Corporate Franchise and Income Taxes</xref>; and</subsection><subsection number="53-2a-1203(3)(a)(ii)"><xref depth="1" refnumber="59-10" start="0">Title 59, Chapter 10, Individual Income Tax Act</xref>.</subsection></subsection><subsection number="53-2a-1203(3)(b)">Sales and use taxation during a disaster period is as provided in <xref depth="1" refnumber="59-12" start="0">Title 59, Chapter 12, Sales and Use Tax Act</xref>.</subsection><subsection number="53-2a-1203(3)(c)">Any property brought into the state temporarily during the disaster period is not subject to any state or local ad valorem taxes under <xref depth="1" refnumber="59-2" start="0">Title 59, Chapter 2, Property Tax Act</xref>.</subsection></subsection></section><section number="53-2a-1204"><histories><history>Enacted by Chapter <modchap sess="2014GS">376</modchap>, 2014 General Session</history><modyear>2014</modyear></histories><catchline>Business or employee activity after disaster period.</catchline><tab/>Any out-of-state business or out-of-state employee that remains in the state after the disaster period will become subject to the state's normal standards for establishing presence or residency, or doing business in the state.</section><section number="53-2a-1205"><histories><history>Amended by Chapter <modchap sess="2022GS">415</modchap>, 2022 General Session</history><modyear>2022</modyear></histories><catchline>Administration -- Notification and procedures.</catchline><subsection number="53-2a-1205(1)"> Any out-of-state business that enters the state shall, within a reasonable time after entry, not to exceed 30 days, provide to the Division of Professional Licensing a statement that it is in the state for purposes of responding to the disaster or emergency, which statement shall include the business's: <subsection number="53-2a-1205(1)(a)"> name;</subsection><subsection number="53-2a-1205(1)(b)"> state of domicile;</subsection><subsection number="53-2a-1205(1)(c)"> principal business address;</subsection><subsection number="53-2a-1205(1)(d)"> federal tax identification number;</subsection><subsection number="53-2a-1205(1)(e)"> date of entry;</subsection><subsection number="53-2a-1205(1)(f)"> contact information; and</subsection><subsection number="53-2a-1205(1)(g)"> evidence of compliance with the regulatory or licensing requirements in Section <xref depth="3" refnumber="53-2a-1203" start="0">53-2a-1203</xref>, such as a copy of applicable permits or licenses.</subsection></subsection><subsection number="53-2a-1205(2)"> Any affiliate of a registered business in the state and any out-of-state business that is registered as a public utility in another state and that is providing assistance under the terms of a utility multistate mutual aid agreement shall not be required to provide the information required in Subsection <xref depth="4" refnumber="53-2a-1205(1)" start="0">(1)</xref>, unless requested by the Division of Professional Licensing within a reasonable period of time.</subsection><subsection number="53-2a-1205(3)"> An out-of-state business or an out-of-state employee that remains in the state after the disaster period shall complete state and local registration, licensing, and filing requirements that establish the requisite business presence or residency in the state.</subsection><subsection number="53-2a-1205(4)"> The Division of Professional Licensing shall: <subsection number="53-2a-1205(4)(a)"> make rules necessary to implement Subsection <xref depth="4" refnumber="53-2a-1205(3)" start="0">(3)</xref>;</subsection><subsection number="53-2a-1205(4)(b)"> develop and provide forms or online processes; and</subsection><subsection number="53-2a-1205(4)(c)"> maintain and make available an annual report of any designations made pursuant to this section.</subsection></subsection></section></part><part number="53-2a-13"><catchline>Disaster Response, Recovery, and Mitigation Restricted Account</catchline><section number="53-2a-1301"><histories><history>Amended by Chapter <modchap sess="2025GS">89</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Definitions.</catchline><tab/>As used in the part:<subsection number="53-2a-1301(1)">"Account" means the Disaster Response, Recovery, and Mitigation Restricted Account created in Section <xref depth="3" refnumber="53-2a-1302" start="0">53-2a-1302</xref>.</subsection><subsection number="53-2a-1301(2)">"Affected community" means a community directly affected by an ongoing or recent disaster.</subsection><subsection number="53-2a-1301(3)">"Affected community member" means a resident, property owner, business, nonprofit, or other individual or entity that is:<subsection number="53-2a-1301(3)(a)">located within an affected community; and</subsection><subsection number="53-2a-1301(3)(b)">suffered damage due to the ongoing or recent disaster in the affected community.</subsection></subsection><subsection number="53-2a-1301(4)">"Community" means a county, municipality, special district, or special service district.</subsection><subsection number="53-2a-1301(5)">"Disaster response and recovery" means:<subsection number="53-2a-1301(5)(a)">action taken to respond to and recover from a disaster, including action taken to remove debris, implement life-saving emergency protective measures, or repair, replace, or restore facilities in response to a disaster; and</subsection><subsection number="53-2a-1301(5)(b)">post-disaster hazard mitigation directly related to the recovery from the disaster described in Subsection <xref depth="4" refnumber="53-2a-1301(5)(a)" start="0">(5)(a)</xref>.</subsection></subsection><subsection number="53-2a-1301(6)">"Disaster response and recovery grant" means money granted to an affected community for disaster response and recovery.</subsection><subsection number="53-2a-1301(7)">"Minimum threshold payment amount" means the amount of costs that an affected community or an affected community member shall pay before the affected community or affected community member is eligible to receive money from a disaster response and recovery grant.</subsection><subsection number="53-2a-1301(8)">"Official damage assessment" means a financial assessment of the damage to an affected community, caused by a disaster, that is conducted under the direction of the governing body of the affected community, in accordance with the rules described in Section <xref depth="3" refnumber="53-2a-1305">53-2a-1305</xref>.</subsection><subsection number="53-2a-1301(9)">"Post-disaster hazard mitigation" means action taken after a natural disaster to reduce or eliminate risk to people or property that may occur as a result of the long-term effects of the natural disaster or a subsequent natural disaster, including action to prevent damage caused by flooding, earthquake, dam failure, wildfire, landslide, severe weather, drought, or problem soil.</subsection><subsection number="53-2a-1301(10)">"Pre-disaster mitigation" means action taken before a natural disaster occurs to reduce or eliminate the long-term risk to people or property that may occur as a result of a natural disaster, including action to prevent damage caused by flooding, earthquake, dam failure, wildfire, landslide, severe weather, drought, or problem soil.</subsection></section><section number="53-2a-1302"><histories><history>Amended by Chapter <modchap sess="2025GS">89</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Amended by Chapter <modchap sess="2025GS">271</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Disaster Response, Recovery, and Mitigation Restricted Account</catchline><subsection number="53-2a-1302(1)">There is created a restricted account in the General Fund known as the "Disaster Response, Recovery, and Mitigation Restricted Account."</subsection><subsection number="53-2a-1302(2)">The account consists of:<subsection number="53-2a-1302(2)(a)">money appropriated to the account by the Legislature;</subsection><subsection number="53-2a-1302(2)(b)">money deposited into the account in accordance with Section <xref depth="3" refnumber="63J-1-314" start="0">63J-1-314</xref>;</subsection><subsection number="53-2a-1302(2)(c)">income and interest derived from the deposit and investment of money in the account; and</subsection><subsection number="53-2a-1302(2)(d)">private donations, grants, gifts, bequests, or money made available from any other source to implement this section.</subsection></subsection><subsection number="53-2a-1302(3)"><subsection number="53-2a-1302(3)(a)">At the close of a fiscal year, money in the account exceeding $50,000,000, excluding money granted to the account under Subsection <xref depth="4" refnumber="53-2a-1302(2)(d)" start="0">(2)(d)</xref>, shall be transferred to the State Disaster Recovery Restricted Account.</subsection><subsection number="53-2a-1302(3)(b)">Except as provided by Subsection <xref depth="4" refnumber="53-2a-1302(3)(a)" start="0">(3)(a)</xref>, money in the Disaster Response, Recovery, and Mitigation Restricted Account may only be used for the purposes set forth in this part.</subsection></subsection><subsection number="53-2a-1302(4)">Subject to the requirements described in this part, and upon appropriation by the Legislature, the division may grant money appropriated from the account<eol/><tab/>to an affected community for the affected community's disaster response and recovery efforts as described in Section <xref depth="3" refnumber="53-2a-1303" start="0">53-2a-1303</xref>.</subsection><subsection number="53-2a-1302(5)">Money in the account may only be expended or committed to be expended as provided in Subsections (6), (7), and (8).</subsection><subsection number="53-2a-1302(6)">Subject to Section <xref depth="3" refnumber="53-2a-606" start="0">53-2a-606</xref>, in any fiscal year the division may expend or commit to expend for disaster response and recovery efforts as described in Section <xref depth="3" refnumber="53-2a-1303" start="0">53-2a-1303</xref>:<subsection number="53-2a-1302(6)(a)">an amount that does not exceed $3,000,000 in response to a disaster described in Subsection <xref depth="4" refnumber="53-2a-1303(2)(b)" start="0">53-2a-1303(2)(b)</xref>;</subsection><subsection number="53-2a-1302(6)(b)">an amount that exceeds $3,000,000 but does not exceed $10,000,000 for a disaster described in Subsection <xref depth="4" refnumber="53-2a-1303(2)(b)" start="0">53-2a-1303(2)(b)</xref> if the division:<subsection number="53-2a-1302(6)(b)(i)">before making the expenditure or commitment to expend, obtains approval for the expenditure or commitment from the governor;</subsection><subsection number="53-2a-1302(6)(b)(ii)">provides written notice of the expenditure or commitment to expend to the speaker of the House of Representatives, the president of the Senate, the Division of Finance, the Criminal Justice Appropriations Subcommittee, the Legislative Management Committee, and the Office of the Legislative Fiscal Analyst no later than 72 hours after making the expenditure or commitment to expend; and</subsection><subsection number="53-2a-1302(6)(b)(iii)">makes the report required by Subsection <xref depth="4" refnumber="53-2a-606(2)" start="0">53-2a-606(2)</xref>; and</subsection></subsection><subsection number="53-2a-1302(6)(c)">an amount that exceeds $10,000,000, if, before making the expenditure or commitment to expend, the division:<subsection number="53-2a-1302(6)(c)(i)">obtains approval for the expenditure or commitment from the governor; and</subsection><subsection number="53-2a-1302(6)(c)(ii)">submits the expenditure or commitment to expend to the Executive Appropriations Committee in accordance with Subsection <xref depth="4" refnumber="53-2a-606(3)" start="0">53-2a-606(3)</xref>.</subsection></subsection></subsection><subsection number="53-2a-1302(7)"><subsection number="53-2a-1302(7)(a)">Money in the account may only be expended or committed to be expended for pre-disaster mitigation under Subsection <xref tempid="494" depth="4" refnumber="53-2a-1302(7)(b)">(7)(b)</xref> if money remains in the account at the end of the fiscal year after the division has expended or committed to expend money from the account as provided in Subsection <xref depth="4" refnumber="53-2a-1302(6)">(6)</xref>.</subsection><subsection number="53-2a-1302(7)(b)">Subject to Subsection <xref tempid="606" depth="4" refnumber="53-2a-1302(7)(a)">(7)(a)</xref> and in accordance with rules created under Section <xref depth="3" refnumber="53-2a-1305">53-2a-1305</xref>, the division may expend or commit to expend money in the account for pre-disaster mitigation to a community if:<subsection number="53-2a-1302(7)(b)(i)">the community:<subsection number="53-2a-1302(7)(b)(i)(A)">submits an application to receive money for pre-disaster mitigation during the current fiscal year; and</subsection><subsection number="53-2a-1302(7)(b)(i)(B)">meets the qualification and prioritization criteria established by rule; and</subsection></subsection><subsection number="53-2a-1302(7)(b)(ii)">the division:<subsection number="53-2a-1302(7)(b)(ii)(A)">before making the expenditure or commitment to expend to a community described in Subsection <xref tempid="657" depth="4" refnumber="53-2a-1302(7)(b)(i)">(7)(b)(i)</xref>, obtains approval for the expenditure or commitment to expend from the governor;</subsection><subsection number="53-2a-1302(7)(b)(ii)(B)">provides written notice of the expenditure or commitment to expend described in Subsection <xref tempid="733" depth="4" refnumber="53-2a-1302(7)(b)(i)">(7)(b)(i)</xref> to the speaker of the House of Representatives, the president of the Senate, the Division of Finance, the Criminal Justice Appropriations Subcommittee, the Legislative Management Committee, and the Office of the Legislative Fiscal Analyst; and</subsection><subsection number="53-2a-1302(7)(b)(ii)(C)">makes the report required by Subsection <xref tempid="824" depth="4" refnumber="53-2a-606(2)">53-2a-606(2)</xref>.</subsection></subsection></subsection></subsection><subsection number="53-2a-1302(8)">Money paid by the division under this part to government entities and private persons providing emergency disaster services are subject to <xref depth="1" refnumber="63G-6a" start="0">Title 63G, Chapter 6a, Utah Procurement Code</xref>.</subsection></section><section number="53-2a-1303"><histories><history>Amended by Chapter <modchap sess="2025GS">89</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Disaster Response and Recovery Grant.</catchline><subsection number="53-2a-1303(1)">The division may grant money under Subsection <xref depth="4" refnumber="53-2a-1302(4)" start="0">53-2a-1302(4)</xref> appropriated from the account after receiving an application from an affected community for a disaster response and recovery grant.</subsection><subsection number="53-2a-1303(2)">An affected community is eligible to receive a disaster response and recovery grant appropriated from the account if:<subsection number="53-2a-1303(2)(a)">the affected community submits an application described in Subsection <xref depth="4" refnumber="53-2a-1303(1)" start="0">(1)</xref> that includes the information required by the rules described in Section <xref depth="3" refnumber="53-2a-1305" start="0">53-2a-1305</xref>;</subsection><subsection number="53-2a-1303(2)(b)">the occurrence of a disaster in the affected community results in:<subsection number="53-2a-1303(2)(b)(i)">the president of the United States declaring an emergency or major disaster in the state;</subsection><subsection number="53-2a-1303(2)(b)(ii)">the governor declaring a state of emergency under Section <xref depth="3" refnumber="53-2a-206" start="0">53-2a-206</xref>; or</subsection><subsection number="53-2a-1303(2)(b)(iii)">the local municipality or county declaring an emergency under Section <xref depth="3" refnumber="53-2a-208" start="0">53-2a-208</xref>;</subsection></subsection><subsection number="53-2a-1303(2)(c)">the governing body of the affected community conducts an official damage assessment of the disaster;</subsection><subsection number="53-2a-1303(2)(d)">the division, after reviewing the application described in Subsection <xref depth="4" refnumber="53-2a-1303(2)(a)" start="0">(2)(a)</xref>, the official damage assessment described in Subsection <xref depth="4" refnumber="53-2a-1303(2)(c)" start="0">(2)(c)</xref>, and other information relevant to the division's determination, determines that a grant to the affected community would be an appropriate and necessary use of account funds;</subsection><subsection number="53-2a-1303(2)(e)">the division determines there is sufficient money for the grant; and</subsection><subsection number="53-2a-1303(2)(f)">the affected community agrees to grant funding requirements as determined by the division, including the affected community's minimum threshold payment amount.</subsection></subsection></section><section number="53-2a-1304"><histories><history>Amended by Chapter <modchap sess="2025GS">89</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Allowed uses for disaster response and recovery grant funds.</catchline><subsection number="53-2a-1304(1)">An affected community may use or distribute grant funds provided under Section <xref depth="3" refnumber="53-2a-1303" start="0">53-2a-1303</xref> in accordance with funding guidelines provided by the division, which may include providing funds for disaster response and recovery to:<subsection number="53-2a-1304(1)(a)">an affected community member;</subsection><subsection number="53-2a-1304(1)(b)">a publicly owned facility in the affected community; or</subsection><subsection number="53-2a-1304(1)(c)">publicly owned infrastructure in the affected community.</subsection></subsection><subsection number="53-2a-1304(2)">The director may expend money from the account to pay necessary costs of evaluating and administering grants under this part.</subsection><subsection number="53-2a-1304(3)">In accordance with Section <xref depth="3" refnumber="53-2a-1305" start="0">53-2a-1305</xref>, the division shall establish standards and procedures for the distribution of grant funds under this section, including standards and procedures for determining:<subsection number="53-2a-1304(3)(a)">when an individual or entity described in Subsection <xref depth="4" refnumber="53-2a-1304(1)" start="0">(1)</xref> (a), (b), or (c) may receive grant funds;</subsection><subsection number="53-2a-1304(3)(b)">which costs are eligible for grant funds, including administration costs; and</subsection><subsection number="53-2a-1304(3)(c)">minimum threshold payment amounts.</subsection></subsection></section><section number="53-2a-1305"><histories><history>Amended by Chapter <modchap sess="2025GS">89</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Rulemaking authority and division responsibilities.</catchline><subsection number="53-2a-1305(1)">In accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, the division may make rules to:<subsection number="53-2a-1305(1)(a)">designate the requirements and procedures<eol/><tab/>for the governing body of an affected community to:<subsection number="53-2a-1305(1)(a)(i)">apply for a disaster response and recovery grant; and</subsection><subsection number="53-2a-1305(1)(a)(ii)">conduct an official damage assessment;</subsection></subsection><subsection number="53-2a-1305(1)(b)">establish standards to determine:<subsection number="53-2a-1305(1)(b)(i)">the categories of and criteria for entities and costs that are eligible for grant funds; and</subsection><subsection number="53-2a-1305(1)(b)(ii)">minimum threshold payment amounts;</subsection></subsection><subsection number="53-2a-1305(1)(c)">establish standards, procedures, and criteria for a community to qualify for pre-disaster mitigation funding, including:<subsection number="53-2a-1305(1)(c)(i)">defining excluded expenses for which money may not be expended for pre-disaster mitigation;</subsection><subsection number="53-2a-1305(1)(c)(ii)">establishing criteria for prioritization of projects for money to be expended for pre-disaster mitigation; and</subsection><subsection number="53-2a-1305(1)(c)(iii)">establishing a process by which a community may apply to receive money for pre-disaster mitigation; and</subsection></subsection><subsection number="53-2a-1305(1)(d)">establish standards and procedures to ensure that funds distributed in accordance with this part are distributed in a cost effective and equitable manner, are reasonably necessary for disaster response and recovery or pre-disaster mitigation, are an appropriate and necessary use of public funds, and that all receipts and invoices are documented.</subsection></subsection><subsection number="53-2a-1305(2)">No later than December 31 of each year, the division shall provide the governor and the Criminal Justice Appropriations Subcommittee a written report of the division's activities under this part, including:<subsection number="53-2a-1305(2)(a)">an accounting of the money expended or committed to be expended under this part; and</subsection><subsection number="53-2a-1305(2)(b)">the balance of the account.</subsection></subsection></section></part><part number="53-2a-14"><catchline>Local Emergency Management Act</catchline><section number="53-2a-1401"><histories><history>Enacted by Chapter <modchap sess="2021GS">106</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Title.</catchline><tab/>This part is known as the "Local Emergency Management Act."</section><section number="53-2a-1402"><histories><history>Enacted by Chapter <modchap sess="2021GS">106</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Designation and duties of emergency managers.</catchline><subsection number="53-2a-1402(1)"> Each political subdivision of the state of Utah shall designate an emergency manager.</subsection><subsection number="53-2a-1402(2)"> A political subdivision may designate an officer of the political subdivision to serve as the emergency manager.</subsection><subsection number="53-2a-1402(3)"> An emergency manager shall: <subsection number="53-2a-1402(3)(a)"> create a plan to coordinate emergency preparedness, response, mitigation, coordination, and other recovery activities; and</subsection><subsection number="53-2a-1402(3)(b)"> coordinate with other emergency managers and officials to ensure efficient, appropriate, and coordinated emergency preparedness, response, mitigation, and recovery.</subsection></subsection><subsection number="53-2a-1402(4)"> Each political subdivision shall provide for emergency interim succession of the emergency manager as described in <xref depth="2" refnumber="53-2a-8" start="2">Part 8, Emergency Interim Succession Act</xref>.</subsection></section><section number="53-2a-1403"><histories><history>Amended by Chapter <modchap sess="2024GS">438</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Emergency operations plan.</catchline><subsection number="53-2a-1403(1)">Each county shall create and maintain an emergency operations plan.</subsection><subsection number="53-2a-1403(2)">Each city and town shall:<subsection number="53-2a-1403(2)(a)">create and maintain an emergency operations plan; or</subsection><subsection number="53-2a-1403(2)(b)">adopt the emergency operations plan created by the county in which the city or town is located.</subsection></subsection></section></part><part number="53-2a-15"><catchline>Grid Resilience Committee</catchline><section number="53-2a-1501"><histories><history>Amended by Chapter <modchap sess="2026GS">324</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="53-2a-1501(1)">"Committee" means the Grid Resilience Committee created in Section <xref depth="3" refnumber="53-2a-1503" start="0">53-2a-1503</xref>.</subsection><subsection number="53-2a-1501(2)">"Division" means the Utah Division of Emergency Management created in Section <xref depth="3" refnumber="53-2a-103">53-2a-103</xref>.</subsection><subsection number="53-2a-1501(3)">"Grid resilience" means efforts to provide greater resilience to the state's infrastructure with respect to:<subsection number="53-2a-1501(3)(a)">weather events;</subsection><subsection number="53-2a-1501(3)(b)">wildfire;</subsection><subsection number="53-2a-1501(3)(c)">acts of terrorism; or</subsection><subsection number="53-2a-1501(3)(d)">other potentially damaging events.</subsection></subsection></section><section number="53-2a-1502"><histories><history>Enacted by Chapter <modchap sess="2022GS">396</modchap>, 2022 General Session</history><modyear>2022</modyear></histories><catchline>Grid Resilience Committee -- Creation -- Membership.</catchline><subsection number="53-2a-1502(1)"> There is created the Grid Resilience Committee composed of the following members: <subsection number="53-2a-1502(1)(a)"> the director of the division shall appoint two representatives from the division;</subsection><subsection number="53-2a-1502(1)(b)"> the director of the Office of Energy Development shall appoint a representative from the Office of Energy Development;</subsection><subsection number="53-2a-1502(1)(c)"> the director of the Division of Public Utilities shall appoint a representative from the Division of Public Utilities;</subsection><subsection number="53-2a-1502(1)(d)"> the adjutant general of the Utah Army National Guard shall appoint a representative of the Utah Army National Guard;</subsection><subsection number="53-2a-1502(1)(e)"> the chief executive officer of Utah Associated Municipal Power Systems shall appoint a representative of Utah Associated Municipal Power Systems;</subsection><subsection number="53-2a-1502(1)(f)"> the chief executive officer of the Utah Municipal Power Agency shall appoint a representative of the Utah Municipal Power Agency; and</subsection><subsection number="53-2a-1502(1)(g)"> the governor shall appoint:<subsection number="53-2a-1502(1)(g)(i)"> one member who is currently employed by a large-scale electric utility, as that term is defined in Section <xref depth="3" refnumber="54-2-1" start="0">54-2-1</xref>;</subsection><subsection number="53-2a-1502(1)(g)(ii)"> one member who is currently employed by a wholesale electric cooperative, as that term is defined in Section <xref depth="3" refnumber="54-2-1" start="0">54-2-1</xref>;</subsection><subsection number="53-2a-1502(1)(g)(iii)"> one member who is currently employed by a rural electric cooperative, as that term is defined in Section <xref depth="3" refnumber="54-24-102" start="0">54-24-102</xref>;</subsection><subsection number="53-2a-1502(1)(g)(iv)"> one member who is currently employed in the power plant fuels sector; and</subsection><subsection number="53-2a-1502(1)(g)(v)"> two members with expertise in critical infrastructure protection.</subsection></subsection></subsection><subsection number="53-2a-1502(2)"> The committee shall elect a chair from among the members of the committee.</subsection><subsection number="53-2a-1502(3)"> If a vacancy occurs in the membership of the committee: <subsection number="53-2a-1502(3)(a)"> the replacement shall be replaced in the same manner in which the original appointment was made; and</subsection><subsection number="53-2a-1502(3)(b)"> the replacement shall be appointed for the unexpired term.</subsection></subsection><subsection number="53-2a-1502(4)"><subsection number="53-2a-1502(4)(a)"> A majority of the members of the committee constitutes a quorum.</subsection><subsection number="53-2a-1502(4)(b)"> The action of a majority of a quorum constitutes an action of the committee.</subsection></subsection><subsection number="53-2a-1502(5)"><subsection number="53-2a-1502(5)(a)"> Except as described in Subsections <xref depth="4" refnumber="53-2a-1502(5)(b)" start="0">(5)(b)</xref> and <xref depth="4" refnumber="53-2a-1502(5)(c)" start="0">(c)</xref>, a member shall serve a term of three years.</subsection><subsection number="53-2a-1502(5)(b)"> A member shall serve until the member's successor is appointed and qualified.</subsection><subsection number="53-2a-1502(5)(c)"> Notwithstanding the requirements of Subsection <xref depth="4" refnumber="53-2a-1502(5)(a)" start="0">(5)(a)</xref>, the governor shall, at the time of appointment or replacement, adjust the length of terms to ensure that the terms of the committee members are staggered so that approximately half of the committee members appointed under Subsection <xref depth="4" refnumber="53-2a-1502(1)(g)" start="0">(1)(g)</xref> are appointed for an initial term of one and one-half years.</subsection></subsection><subsection number="53-2a-1502(6)"> A member may be appointed to more than one term.</subsection><subsection number="53-2a-1502(7)"> A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses incurred as a member of the committee at the rates established by the Division of Finance under: <subsection number="53-2a-1502(7)(a)"> Sections <xref depth="3" refnumber="63A-3-106" start="0">63A-3-106</xref> and <xref depth="3" refnumber="63A-3-107" start="0">63A-3-107</xref>; and</subsection><subsection number="53-2a-1502(7)(b)"> rules made by the Division of Finance in accordance with Sections <xref depth="3" refnumber="63A-3-106" start="0">63A-3-106</xref> and <xref depth="3" refnumber="63A-3-107" start="0">63A-3-107</xref>.</subsection></subsection></section><section number="53-2a-1503"><histories><history>Enacted by Chapter <modchap sess="2022GS">396</modchap>, 2022 General Session</history><modyear>2022</modyear></histories><catchline>Committee duties -- Reporting -- Staffing.</catchline><subsection number="53-2a-1503(1)"> The committee shall: <subsection number="53-2a-1503(1)(a)"> develop knowledge about grid resilience and critical infrastructure protection;</subsection><subsection number="53-2a-1503(1)(b)"> invite, as necessary, presenters with expertise in grid resilience or critical infrastructure protection; and</subsection><subsection number="53-2a-1503(1)(c)"> discuss recommendations for state action related to increasing grid resilience and enhancing critical infrastructure protection.</subsection></subsection><subsection number="53-2a-1503(2)"> The committee shall meet no fewer than four times each year.</subsection><subsection number="53-2a-1503(3)"> Annually, on or before November 30, the committee shall report recommendations to increase grid resilience and enhance critical infrastructure protection to the Public Utilities, Energy, and Technology Interim Committee.</subsection><subsection number="53-2a-1503(4)"> Any recommendations the committee makes in accordance with Subsection <xref depth="4" refnumber="53-2a-1503(2)" start="0">(2)</xref> shall comply with national standards that are: <subsection number="53-2a-1503(4)(a)"> developed by the Institute of Electrical and Electronics Engineers;</subsection><subsection number="53-2a-1503(4)(b)"> developed by a federal regulatory agency; or</subsection><subsection number="53-2a-1503(4)(c)"> commonly accepted by public utilities as best practices.</subsection></subsection><subsection number="53-2a-1503(5)"> The division shall provide staff and support to the committee.</subsection></section></part><part number="53-2a-16"><catchline>Emergency Response Team</catchline><section number="53-2a-1601"><histories><history>Amended by Chapter <modchap sess="2024GS">113</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="53-2a-1601(1)">"Emergency responder" includes a:<subsection number="53-2a-1601(1)(a)">firefighter;</subsection><subsection number="53-2a-1601(1)(b)">structural engineer;</subsection><subsection number="53-2a-1601(1)(c)">physician;</subsection><subsection number="53-2a-1601(1)(d)">physician assistant;</subsection><subsection number="53-2a-1601(1)(e)">paramedic; or</subsection><subsection number="53-2a-1601(1)(f)">technical rescue specialist.</subsection></subsection><subsection number="53-2a-1601(2)">"Emergency response team" means a group of emergency responders placed at the direction, control, and funding of the Division of Emergency Management, in accordance with an agreement between the Division of Emergency Management and a sponsoring agency and the provisions of this part, to assist in urban search and rescue:<subsection number="53-2a-1601(2)(a)">in response to a disaster, emergency, or important event; or</subsection><subsection number="53-2a-1601(2)(b)">in anticipation of a forecasted severe weather event, a flood, or a planned important event.</subsection></subsection><subsection number="53-2a-1601(3)">"Emergency response team member" means an individual who is:<subsection number="53-2a-1601(3)(a)">an emergency responder;</subsection><subsection number="53-2a-1601(3)(b)">a member of an emergency response team; and</subsection><subsection number="53-2a-1601(3)(c)">acting within the scope of the individual's duties for an emergency response team.</subsection></subsection><subsection number="53-2a-1601(4)">"Important event" includes an event attended by one or more officials of the United States or one or more foreign dignitaries and where a large crowd has or is anticipated to gather.</subsection><subsection number="53-2a-1601(5)">"Sponsoring agency" means an entity in the state that executes a written agreement to organize a National Urban Search and Rescue Response System task force as described in 44 C.F.R. Part 208 to assist the Federal Emergency Management Agency during a disaster or emergency.</subsection></section><section number="53-2a-1602"><histories><history>Enacted by Chapter <modchap sess="2022GS">111</modchap>, 2022 General Session</history><modyear>2022</modyear></histories><catchline>Emergency response team agreement -- Creation.</catchline><subsection number="53-2a-1602(1)"> The division may enter into an agreement with a sponsoring agency to establish terms and conditions that apply to an emergency response team.</subsection><subsection number="53-2a-1602(2)"> If the division enters into an agreement described in Subsection <xref depth="4" refnumber="53-2a-1602(1)" start="0">(1)</xref>, the agreement shall allow the division to reimburse the sponsoring agency for costs related to the operation of an emergency response team at rates equivalent to those described in 44 C.F.R. <ext_ref depth="2" refnumber="53-2a-208" start="2" type="Code of Federal Regulations">Part 208</ext_ref>.</subsection></section><section number="53-2a-1603"><histories><history>Enacted by Chapter <modchap sess="2022GS">111</modchap>, 2022 General Session</history><modyear>2022</modyear></histories><catchline>Purposes for which an emergency response team member is considered an employee of the division.</catchline><tab/>An emergency response team member is considered a division employee only for the following purposes:<subsection number="53-2a-1603(1)"> receiving workers' compensation benefits, which shall be the exclusive remedy for any injuries or occupational diseases, as provided under <xref depth="1" refnumber="34A-2" start="0">Title 34A, Chapter 2, Workers' Compensation Act</xref>, and <xref depth="1" refnumber="34A-3" start="0">Title 34A, Chapter 3, Utah Occupational Disease Act</xref>;</subsection><subsection number="53-2a-1603(2)"> operating a motor vehicle or equipment if the emergency response team member is properly licensed and authorized to do so; and</subsection><subsection number="53-2a-1603(3)"> receiving the protection and indemnification normally afforded a division employee.</subsection></section></part></chapter><chapter number="53-2b"><catchline>Interstate Local Emergency Response Act</catchline><part number="53-2b-1"><catchline>General Provisions</catchline><section number="53-2b-101"><histories><history>Amended by Chapter <modchap sess="2013GS">331</modchap>, 2013 General Session, (Coordination Clause)</history><modyear>2013</modyear><history>Enacted by Chapter <modchap sess="2013GS">331</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Title.</catchline><subsection number="53-2b-101(1)"> This chapter is known as the "Interstate Local Emergency Response Act."</subsection><subsection number="53-2b-101(2)"> This part is known as "General Provisions."</subsection></section><section number="53-2b-102"><histories><history>Amended by Chapter <modchap sess="2013GS">331</modchap>, 2013 General Session, (Coordination Clause)</history><modyear>2013</modyear><history>Enacted by Chapter <modchap sess="2013GS">331</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this chapter:<subsection number="53-2b-102(1)"> "Assisting political subdivision" means a political subdivision that provides emergency services to a political subdivision in another state in accordance with a local emergency response agreement between the political subdivisions.</subsection><subsection number="53-2b-102(2)"> "Certification" includes any license, certificate, permit, document, or other evidence issued by a government entity that authorizes a person to engage in an activity, within the person's scope of practice, that requires a specific skill set, education, expertise, or other qualifications.</subsection><subsection number="53-2b-102(3)"> "Emergency" means: <subsection number="53-2b-102(3)(a)"> a natural or man-made disaster, a riot, a civil disturbance, violence, criminal activity, a fire, a flood, or extreme weather;</subsection><subsection number="53-2b-102(3)(b)"> an injury, illness, or other medical condition that requires an expedited response; or</subsection><subsection number="53-2b-102(3)(c)"> a circumstance that presents an imminent threat to life, property, or the public health, safety, or welfare.</subsection></subsection><subsection number="53-2b-102(4)"> "Emergency responder" means a person employed by, under contract with, or acting as an official volunteer for a political subdivision of a state that provides emergency services, including any of the following: <subsection number="53-2b-102(4)(a)"> a law enforcement officer;</subsection><subsection number="53-2b-102(4)(b)"> a firefighter;</subsection><subsection number="53-2b-102(4)(c)"> a provider of medical services or first aid;</subsection><subsection number="53-2b-102(4)(d)"> an explosives expert;</subsection><subsection number="53-2b-102(4)(e)"> a person who provides hazardous materials containment or cleanup; or</subsection><subsection number="53-2b-102(4)(f)"> another provider of emergency services.</subsection></subsection><subsection number="53-2b-102(5)"> "Emergency services" means services provided by a public entity in response to an emergency.</subsection><subsection number="53-2b-102(6)"> "Interstate emergency response agreement" means an agreement described in Subsection <xref depth="4" refid="C53-2b-S202_1800010118000101" refnumber="53-2b-202(1)" start="0">53-2b-202(1)</xref> between Utah and another state authorizing a political subdivision in Utah to enter into an agreement to provide emergency services to, and receive emergency services from, a political subdivision in the other state.</subsection><subsection number="53-2b-102(7)"> "Local emergency response agreement" means an agreement described in Subsection <xref depth="4" refid="C53-2b-S202_1800010118000101" refnumber="53-2b-202(2)(a)" start="0">53-2b-202(2)(a)</xref> that is: <subsection number="53-2b-102(7)(a)"> between a political subdivision in Utah and a political subdivision in another state, providing for the provision of emergency services to, or the receipt of emergency services from, each other; and</subsection><subsection number="53-2b-102(7)(b)"> entered into under the provisions of this chapter.</subsection></subsection><subsection number="53-2b-102(8)"> "Requesting political subdivision" means a political subdivision that requests emergency services from a political subdivision in another state in accordance with a local emergency response agreement between the political subdivisions.</subsection></section></part><part number="53-2b-2"><catchline>Emergency Response Agreements</catchline><section number="53-2b-201"><histories><history>Amended by Chapter <modchap sess="2013GS">331</modchap>, 2013 General Session, (Coordination Clause)</history><modyear>2013</modyear><history>Enacted by Chapter <modchap sess="2013GS">331</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Title.</catchline><tab/>This part is known as "Emergency Response Agreements." </section><section number="53-2b-202"><histories><history>Amended by Chapter <modchap sess="2013GS">331</modchap>, 2013 General Session, (Coordination Clause)</history><modyear>2013</modyear><history>Enacted by Chapter <modchap sess="2013GS">331</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Interstate emergency response agreement -- Local emergency response agreement.</catchline><subsection number="53-2b-202(1)"> The governor may enter into an interstate emergency response agreement with another state, if the other state enacts a law substantially similar to this chapter, to permit and establish procedures and requirements relating to the sharing of emergency services between political subdivisions of the states under circumstances where the provisions of <xref depth="2" refid="C53-2a-P4_1800010118000101" refnumber="53-2a-4" start="0">Title 53, Chapter 2a, Part 4, Emergency Management Assistance Compact</xref>, do not apply, including: <subsection number="53-2b-202(1)(a)"> when emergency responders in an assisting political subdivision may respond to an emergency more easily, quickly, or at less cost than responders in a requesting political subdivision;</subsection><subsection number="53-2b-202(1)(b)"> when a requesting political subdivision desires emergency responders in an assisting political subdivision to provide additional resources or other assistance in response to an emergency in the requesting political subdivision; or</subsection><subsection number="53-2b-202(1)(c)"> when emergency responders in a requesting political subdivision are unable to respond, or unable to adequately respond, to an emergency in the requesting political subdivision.</subsection></subsection><subsection number="53-2b-202(2)"> An emergency response agreement shall: <subsection number="53-2b-202(2)(a)"> permit a political subdivision in one state to enter into a local emergency response agreement with a political subdivision in another state to permit, and establish procedures and requirements relating to, the sharing of emergency services described in Subsection <xref depth="4" refid="C53-2b-S202_1800010118000101" refnumber="53-2b-202(1)" start="0">(1)</xref> if the agreement is consistent with the interstate emergency response agreement and the provisions of this chapter;</subsection><subsection number="53-2b-202(2)(b)"> describe the circumstances under which an assisting political subdivision may reject a request to provide resources to a requesting political subdivision;</subsection><subsection number="53-2b-202(2)(c)"> establish requirements relating to reimbursement of the assisting political subdivision by the requesting political subdivision for any loss, damage, costs, compensation of personnel, or other expenses incurred by the assisting political subdivision; and</subsection><subsection number="53-2b-202(2)(d)"> incorporate the provisions described in <xref depth="2" refid="C53-2b-P3_1800010118000101" refnumber="53-2b-3" start="2">Part 3, Reciprocity</xref>, and <xref depth="2" refid="C53-2b-P4_1800010118000101" refnumber="53-2b-4" start="2">Part 4, Miscellaneous Provisions</xref>.</subsection></subsection></section></part><part number="53-2b-3"><catchline>Reciprocity</catchline><section number="53-2b-301"><histories><history>Amended by Chapter <modchap sess="2013GS">331</modchap>, 2013 General Session, (Coordination Clause)</history><modyear>2013</modyear><history>Enacted by Chapter <modchap sess="2013GS">331</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Title.</catchline><tab/>This part is known as "Reciprocity." </section><section number="53-2b-302"><histories><history>Amended by Chapter <modchap sess="2013GS">331</modchap>, 2013 General Session, (Coordination Clause)</history><modyear>2013</modyear><history>Enacted by Chapter <modchap sess="2013GS">331</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Reciprocal immunity -- Limitation on liability.</catchline><subsection number="53-2b-302(1)"> An officer, employee, or agent of an assisting political subdivision who provides assistance in responding to an emergency in Utah under an emergency response agreement: <subsection number="53-2b-302(1)(a)"> is protected from liability under the laws of Utah as if the officer, employee, or agent of the assisting political subdivision is an officer, employee, or agent of Utah; and</subsection><subsection number="53-2b-302(1)(b)"> is considered an agent of the requesting political subdivision for the purposes of tort liability and immunity.</subsection></subsection><subsection number="53-2b-302(2)"> In addition to the protections described in Subsection <xref depth="4" refid="C53-2b-S302_1800010118000101" refnumber="53-2b-302(1)" start="0">(1)</xref>, and except as provided in Subsection <xref depth="4" refid="C53-2b-S302_1800010118000101" refnumber="53-2b-302(3)" start="0">(3)</xref>, an assisting political subdivision, and each officer, employee, or agent of the assisting political subdivision, who provides assistance in responding to an emergency in Utah under an emergency response agreement is not liable for an act or omission performed in good faith in providing the assistance, including the maintenance or use of equipment or supplies.</subsection><subsection number="53-2b-302(3)"> The additional liability protection described in Subsection <xref depth="4" refid="C53-2b-S302_1800010118000101" refnumber="53-2b-302(2)" start="0">(2)</xref> does not apply to misconduct that is willful, wanton, or reckless.</subsection></section><section number="53-2b-303"><histories><history>Amended by Chapter <modchap sess="2013GS">331</modchap>, 2013 General Session, (Coordination Clause)</history><modyear>2013</modyear><history>Enacted by Chapter <modchap sess="2013GS">331</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Reciprocal authority.</catchline><subsection number="53-2b-303(1)"> An emergency responder from an assisting political subdivision outside of Utah who responds to an emergency in a requesting political subdivision inside of Utah has the same authority to act as an emergency responder of the same type in the requesting political subdivision.</subsection><subsection number="53-2b-303(2)"> An emergency responder from an assisting political subdivision outside of Utah who responds to an emergency in a requesting political subdivision inside of Utah and who holds a certification that is valid in the assisting political subdivision or in the assisting political subdivision's state shall, during the emergency response, have the authority to act as if the emergency responder holds the same certification in the requesting political subdivision or in Utah, if the emergency responder's actions authorized by the certification are taken for the purpose of responding to an emergency in the requesting political subdivision.</subsection></section></part><part number="53-2b-4"><catchline>Miscellaneous Provisions</catchline><section number="53-2b-401"><histories><history>Amended by Chapter <modchap sess="2013GS">331</modchap>, 2013 General Session, (Coordination Clause)</history><modyear>2013</modyear><history>Enacted by Chapter <modchap sess="2013GS">331</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Title.</catchline><tab/>This part is known as "Miscellaneous Provisions." </section><section number="53-2b-402"><histories><history>Amended by Chapter <modchap sess="2013GS">331</modchap>, 2013 General Session, (Coordination Clause)</history><modyear>2013</modyear><history>Enacted by Chapter <modchap sess="2013GS">331</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Benefits in case of injury or death.</catchline><tab/>An assisting political subdivision shall provide its officers who respond, under this chapter, to an emergency in a requesting political subdivision and who, during the response, are injured or die in the state of the requesting political subdivision with the same death benefits and compensation, including workers' compensation, that the officers would be entitled to if the emergency and response had occurred in the assisting political subdivision. </section><section number="53-2b-403"><histories><history>Amended by Chapter <modchap sess="2013GS">331</modchap>, 2013 General Session, (Coordination Clause)</history><modyear>2013</modyear><history>Enacted by Chapter <modchap sess="2013GS">331</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Emergency Management Assistance Compact takes precedence.</catchline><tab/>The provisions of <xref depth="2" refid="C53-2a-P4_1800010118000101" refnumber="53-2a-4" start="0">Title 53, Chapter 2a, Part 4, Emergency Management Assistance Compact</xref>, supercede the provisions of this chapter for any period of time when a declared state of emergency is in effect, under the Emergency Management Assistance Compact, with respect to a requesting political subdivision. </section></part></chapter><chapter number="53-2d"><catchline>Emergency Medical Services Act</catchline><part number="53-2d-1"><catchline>General Provisions</catchline><section number="53-2d-101"><histories><history>Amended by Chapter <modchap sess="2025GS">277</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Amended by Chapter <modchap sess="2025GS">340</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Amended by Chapter <modchap sess="2025GS">452</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this chapter:<subsection number="53-2d-101(1)"><subsection number="53-2d-101(1)(a)"><subsection number="53-2d-101(1)(a)(i)">"911 ambulance or paramedic services" means:<subsection number="53-2d-101(1)(a)(i)(A)">either:<subsection number="53-2d-101(1)(a)(i)(A)(I)">911 ambulance service;</subsection><subsection number="53-2d-101(1)(a)(i)(A)(II)">911 paramedic service; or</subsection><subsection number="53-2d-101(1)(a)(i)(A)(III)">both 911 ambulance and paramedic service; and</subsection></subsection><subsection number="53-2d-101(1)(a)(i)(B)">a response to a 911 call received by a designated dispatch center that receives 911 or E911 calls.</subsection></subsection><subsection number="53-2d-101(1)(a)(ii)">"911 ambulance or paramedic services" does not mean a seven or 10 digit telephone call received directly by an ambulance provider licensed under this chapter.</subsection></subsection></subsection><subsection number="53-2d-101(2)">"Air ambulance" means an ambulance that operates through air flight.</subsection><subsection number="53-2d-101(3)">"Air ambulance provider" means an ambulance provider that provides emergency medical services using an air ambulance.</subsection><subsection number="53-2d-101(4)">"Ambulance" means a ground, air, or water vehicle that:<subsection number="53-2d-101(4)(a)">transports patients and is used to provide emergency medical services; and</subsection><subsection number="53-2d-101(4)(b)">is required to obtain a permit under Section <xref depth="3" refnumber="53-2d-404">53-2d-404</xref> to operate in the state.</subsection></subsection><subsection number="53-2d-101(5)">"Ambulance provider" means an emergency medical service provider that:<subsection number="53-2d-101(5)(a)">transports and provides emergency medical care to patients; and</subsection><subsection number="53-2d-101(5)(b)">is required to obtain a license under Part 5, Ambulance and Paramedic Providers.</subsection></subsection><subsection number="53-2d-101(6)">"Automatic external defibrillator" or "AED" means an automated or automatic computerized medical device that:<subsection number="53-2d-101(6)(a)">has received pre-market notification approval from the United States Food and Drug Administration, pursuant to 21 U.S.C. Sec. 360(k);</subsection><subsection number="53-2d-101(6)(b)">is capable of recognizing the presence or absence of ventricular fibrillation or rapid ventricular tachycardia;</subsection><subsection number="53-2d-101(6)(c)">is capable of determining, without intervention by an operator, whether defibrillation should be performed; and</subsection><subsection number="53-2d-101(6)(d)">upon determining that defibrillation should be performed, automatically charges, enabling delivery of, or automatically delivers, an electrical impulse through the chest wall and to an individual's heart.</subsection></subsection><subsection number="53-2d-101(7)"><subsection number="53-2d-101(7)(a)">"Behavioral emergency services" means delivering a behavioral health intervention to a patient in an emergency context within a scope and in accordance with guidelines established by the department.</subsection><subsection number="53-2d-101(7)(b)">"Behavioral emergency services" does not include engaging in the:<subsection number="53-2d-101(7)(b)(i)">practice of mental health therapy as defined in Section <xref depth="3" refnumber="58-60-102">58-60-102</xref>;</subsection><subsection number="53-2d-101(7)(b)(ii)">practice of psychology as defined in Section <xref depth="3" refnumber="58-61-102">58-61-102</xref>;</subsection><subsection number="53-2d-101(7)(b)(iii)">practice of clinical social work as defined in Section <xref depth="3" refnumber="58-60-202">58-60-202</xref>;</subsection><subsection number="53-2d-101(7)(b)(iv)">practice of certified social work as defined in Section <xref depth="3" refnumber="58-60-202">58-60-202</xref>;</subsection><subsection number="53-2d-101(7)(b)(v)">practice of marriage and family therapy as defined in Section <xref depth="3" refnumber="58-60-302">58-60-302</xref>;</subsection><subsection number="53-2d-101(7)(b)(vi)">practice of clinical mental health counseling as defined in Section <xref depth="3" refnumber="58-60-402">58-60-402</xref>; or</subsection><subsection number="53-2d-101(7)(b)(vii)">practice as a substance use disorder counselor as defined in Section <xref depth="3" refnumber="58-60-502">58-60-502</xref>.</subsection></subsection></subsection><subsection number="53-2d-101(8)">"Bureau" means the Bureau of Emergency Medical Services created in Section <xref depth="3" refnumber="53-2d-102">53-2d-102</xref>.</subsection><subsection number="53-2d-101(9)">"Cardiopulmonary resuscitation" or "CPR" means artificial ventilation or external chest compression applied to a person who is unresponsive and not breathing.</subsection><subsection number="53-2d-101(10)">"Committee" means the Trauma System and Emergency Medical Services Committee created by Section <xref depth="3" refnumber="53-2d-104">53-2d-104</xref>.</subsection><subsection number="53-2d-101(11)">"Community paramedicine" means medical care:<subsection number="53-2d-101(11)(a)">provided by emergency medical service personnel; and</subsection><subsection number="53-2d-101(11)(b)">provided to a patient who is not:<subsection number="53-2d-101(11)(b)(i)">in need of ambulance transportation; or</subsection><subsection number="53-2d-101(11)(b)(ii)">located in a health care facility as defined in Section <xref depth="3" refnumber="26B-2-201">26B-2-201</xref>.</subsection></subsection></subsection><subsection number="53-2d-101(12)">"Direct medical observation" means in-person observation of a patient by a physician, registered nurse, physician's assistant, or individual licensed under Section <xref depth="3" refnumber="53-2d-402">53-2d-402</xref>.</subsection><subsection number="53-2d-101(13)">"Emergency medical condition" means:<subsection number="53-2d-101(13)(a)">a medical condition that manifests itself by symptoms of sufficient severity, including severe pain, that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in:<subsection number="53-2d-101(13)(a)(i)">placing the individual's health in serious jeopardy;</subsection><subsection number="53-2d-101(13)(a)(ii)">serious impairment to bodily functions; or</subsection><subsection number="53-2d-101(13)(a)(iii)">serious dysfunction of any bodily organ or part; or</subsection></subsection><subsection number="53-2d-101(13)(b)">a medical condition that in the opinion of a physician or the physician's designee requires direct medical observation during transport or may require the intervention of an individual licensed under Section <xref depth="3" refnumber="53-2d-402">53-2d-402</xref> during transport.</subsection></subsection><subsection number="53-2d-101(14)">"Emergency medical dispatch center" means a public safety answering point, as defined in Section <xref depth="3" refnumber="63H-7a-103">63H-7a-103</xref>, that is designated as an emergency medical dispatch center by the bureau.</subsection><subsection number="53-2d-101(15)"><subsection number="53-2d-101(15)(a)">"Emergency medical service personnel" means an individual who provides emergency medical services or behavioral emergency services to a patient and is required to be licensed or certified under Section <xref depth="3" refnumber="53-2d-402">53-2d-402</xref>.</subsection><subsection number="53-2d-101(15)(b)">"Emergency medical service personnel" includes a paramedic, medical director of a licensed emergency medical service provider, emergency medical service instructor, behavioral emergency services technician, and a certified emergency medical dispatcher.</subsection></subsection><subsection number="53-2d-101(16)">"Emergency medical service providers" means:<subsection number="53-2d-101(16)(a)">licensed ambulance providers and paramedic providers;</subsection><subsection number="53-2d-101(16)(b)">a facility or provider that is required to be designated under Subsection <xref depth="4" refnumber="53-2d-403(1)(a)">53-2d-403(1)(a)</xref>; and</subsection><subsection number="53-2d-101(16)(c)">emergency medical service personnel.</subsection></subsection><subsection number="53-2d-101(17)">"Emergency medical services" means:<subsection number="53-2d-101(17)(a)">medical services;</subsection><subsection number="53-2d-101(17)(b)">transportation services;</subsection><subsection number="53-2d-101(17)(c)">behavioral emergency services; or</subsection><subsection number="53-2d-101(17)(d)">any combination of the services described in Subsections <xref depth="4" refnumber="53-2d-101(17)(a)">(17)(a)</xref> through <xref depth="4" refnumber="53-2d-101(c)">(c)</xref>.</subsection></subsection><subsection number="53-2d-101(18)">"Emergency medical service vehicle" means a land, air, or water vehicle that is:<subsection number="53-2d-101(18)(a)">maintained and used for the transportation of emergency medical personnel, equipment, and supplies to the scene of a medical emergency; and</subsection><subsection number="53-2d-101(18)(b)">required to be permitted under Section <xref depth="3" refnumber="53-2d-404">53-2d-404</xref>.</subsection></subsection><subsection number="53-2d-101(19)">"Governing body":<subsection number="53-2d-101(19)(a)">means the same as that term is defined in Section <xref depth="3" refnumber="11-42-102">11-42-102</xref>; and</subsection><subsection number="53-2d-101(19)(b)">for purposes of a "special service district" under Section <xref depth="3" refnumber="11-42-102">11-42-102</xref>, means a special service district that has been delegated the authority to select a provider under this chapter by the special service district's legislative body or administrative control board.</subsection></subsection><subsection number="53-2d-101(20)">"Interested party" means:<subsection number="53-2d-101(20)(a)">a licensed or designated emergency medical services provider that provides emergency medical services within or in an area that abuts an exclusive geographic service area that is the subject of an application submitted pursuant to Part 5, Ambulance and Paramedic Providers;</subsection><subsection number="53-2d-101(20)(b)">any municipality, county, or fire district that lies within or abuts a geographic service area that is the subject of an application submitted pursuant to Part 5, Ambulance and Paramedic Providers; or</subsection><subsection number="53-2d-101(20)(c)">the department when acting in the interest of the public.</subsection></subsection><subsection number="53-2d-101(21)">"Level of service" means the level at which an ambulance provider type of service is licensed as:<subsection number="53-2d-101(21)(a)">emergency medical technician;</subsection><subsection number="53-2d-101(21)(b)">advanced emergency medical technician; or</subsection><subsection number="53-2d-101(21)(c)">paramedic.</subsection></subsection><subsection number="53-2d-101(22)">"Medical control" means a person who provides medical supervision to an emergency medical service provider.</subsection><subsection number="53-2d-101(23)">"Non-911 service" means transport of a patient that is not 911 transport under Subsection <xref depth="4" refnumber="53-2d-101(1)">(1)</xref>.</subsection><subsection number="53-2d-101(24)">"Nonemergency secured behavioral health transport" means an entity that:<subsection number="53-2d-101(24)(a)">provides nonemergency secure transportation services for an individual who:<subsection number="53-2d-101(24)(a)(i)">is not required to be transported by an ambulance under Section <xref depth="3" refnumber="53-2d-405">53-2d-405</xref>; and</subsection><subsection number="53-2d-101(24)(a)(ii)">requires behavioral health observation during transport between any of the following facilities:<subsection number="53-2d-101(24)(a)(ii)(A)">a licensed acute care hospital;</subsection><subsection number="53-2d-101(24)(a)(ii)(B)">an emergency patient receiving facility;</subsection><subsection number="53-2d-101(24)(a)(ii)(C)">a licensed mental health facility; and</subsection><subsection number="53-2d-101(24)(a)(ii)(D)">the office of a licensed health care provider; and</subsection></subsection></subsection><subsection number="53-2d-101(24)(b)">is required to be designated under Section <xref depth="3" refnumber="53-2d-403">53-2d-403</xref>.</subsection></subsection><subsection number="53-2d-101(25)">"Paramedic provider" means an entity that:<subsection number="53-2d-101(25)(a)">employs emergency medical service personnel; and</subsection><subsection number="53-2d-101(25)(b)">is required to obtain a license under Part 5, Ambulance and Paramedic Providers.</subsection></subsection><subsection number="53-2d-101(26)">"Patient" means an individual who, as the result of illness, injury, or a behavioral emergency condition, meets any of the criteria in Section <xref depth="3" refnumber="53-2d-405">53-2d-405</xref>.</subsection><subsection number="53-2d-101(27)">"Political subdivision" means:<subsection number="53-2d-101(27)(a)">a city or town;</subsection><subsection number="53-2d-101(27)(b)">a county;</subsection><subsection number="53-2d-101(27)(c)">a special service district created under Title 17D, Chapter 1, Special Service District Act, for the purpose of providing fire protection services under Subsection <xref depth="4" refnumber="17D-1-201(9)">17D-1-201(9)</xref>;</subsection><subsection number="53-2d-101(27)(d)">a special district created under Title 17B, Limited Purpose Local Government Entities - Special Districts, for the purpose of providing fire protection, paramedic, and emergency services;</subsection><subsection number="53-2d-101(27)(e)">areas coming together as described in Subsection <xref depth="4" refnumber="53-2d-505.2(2)(b)(ii)">53-2d-505.2(2)(b)(ii)</xref>; or</subsection><subsection number="53-2d-101(27)(f)">an interlocal entity under Title 11, Chapter 13, Interlocal Cooperation Act.</subsection></subsection><subsection number="53-2d-101(28)">"Sudden cardiac arrest" means a life-threatening condition that results when a person's heart stops or fails to produce a pulse.</subsection><subsection number="53-2d-101(29)">"Training center" means a person designated by the bureau to provide emergency medical services practitioner training, including:<subsection number="53-2d-101(29)(a)">training for initial licensure; and</subsection><subsection number="53-2d-101(29)(b)">continuing medical education under Section <xref depth="3" refnumber="53-2d-402">53-2d-402</xref>.</subsection></subsection><subsection number="53-2d-101(30)">"Trauma" means an injury requiring immediate medical or surgical intervention.</subsection><subsection number="53-2d-101(31)">"Trauma system" means a single, statewide system that:<subsection number="53-2d-101(31)(a)">organizes and coordinates the delivery of trauma care within defined geographic areas from the time of injury through transport and rehabilitative care; and</subsection><subsection number="53-2d-101(31)(b)">is inclusive of all prehospital providers, hospitals, and rehabilitative facilities in delivering care for trauma patients, regardless of severity.</subsection></subsection><subsection number="53-2d-101(32)">"Triage" means the sorting of patients in terms of disposition, destination, or priority. For prehospital trauma victims, triage requires a determination of injury severity to assess the appropriate level of care according to established patient care protocols.</subsection><subsection number="53-2d-101(33)">"Triage, treatment, transportation, and transfer guidelines" means written procedures that:<subsection number="53-2d-101(33)(a)">direct the care of patients; and</subsection><subsection number="53-2d-101(33)(b)">are adopted by the medical staff of an emergency patient receiving facility, trauma center, or an emergency medical service provider.</subsection></subsection><subsection number="53-2d-101(34)">"Type of service" means the category at which an ambulance provider is licensed as:<subsection number="53-2d-101(34)(a)">ground ambulance transport;</subsection><subsection number="53-2d-101(34)(b)">ground ambulance interfacility transport; or</subsection><subsection number="53-2d-101(34)(c)">both ground ambulance transport and ground ambulance interfacility transport.</subsection></subsection></section><section number="53-2d-102"><histories><history>Enacted by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Bureau of Emergency Medical Services -- Creation -- Bureau chief appointment, qualifications, and compensation.</catchline><subsection number="53-2d-102(1)"> There is created within the department the Bureau of Emergency Medical Services.</subsection><subsection number="53-2d-102(2)"> The bureau shall be administered by a bureau chief appointed by the commissioner.</subsection><subsection number="53-2d-102(3)"> The bureau chief shall be experienced in administration and possess additional qualifications as determined by the commissioner and as provided by law.</subsection><subsection number="53-2d-102(4)"> The bureau chief acts under the supervision and control of the commissioner and may be removed from the position at the will of the commissioner.</subsection><subsection number="53-2d-102(5)"> The bureau chief shall receive compensation as provided by <xref depth="1" refnumber="63A-17" start="0">Title 63A, Chapter 17, Utah State Personnel Management Act</xref>.</subsection></section><section number="53-2d-103"><histories><history>Amended by Chapter <modchap sess="2025GS">260</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Amended by Chapter <modchap sess="2025GS">340</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Amended by Chapter <modchap sess="2025GS">341</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Bureau duties -- Data sharing.</catchline><subsection number="53-2d-103(1)">The bureau shall:<subsection number="53-2d-103(1)(a)">coordinate the emergency medical services within the state;</subsection><subsection number="53-2d-103(1)(b)">administer and enforce any programs and applicable rules created under this chapter;</subsection><subsection number="53-2d-103(1)(c)">establish an emergency medical service personnel peer review board to hear matters regarding licensure under this chapter; and</subsection><subsection number="53-2d-103(1)(d)">adopt rules in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, to:<subsection number="53-2d-103(1)(d)(i)">license ambulance agencies and paramedic agencies;</subsection><subsection number="53-2d-103(1)(d)(ii)">permit ambulances, emergency medical response vehicles, and nonemergency secured behavioral health transport vehicles, including approving an emergency vehicle operator's course in accordance with Section <xref depth="3" refnumber="53-2d-404" start="0">53-2d-404</xref>;</subsection><subsection number="53-2d-103(1)(d)(iii)">license emergency medical personnel;</subsection><subsection number="53-2d-103(1)(d)(iv)">establish:<subsection number="53-2d-103(1)(d)(iv)(A)">the qualifications for membership of the peer review board created by this section;</subsection><subsection number="53-2d-103(1)(d)(iv)(B)">a process for placing restrictions on a license while an investigation is pending;</subsection><subsection number="53-2d-103(1)(d)(iv)(C)">the process for the investigation and hearings before the peer review board; and</subsection><subsection number="53-2d-103(1)(d)(iv)(D)">the process for determining the status of a license while an investigation is pending;</subsection></subsection><subsection number="53-2d-103(1)(d)(v)">establish application, submission, and procedural requirements for licenses, designations, and permits;</subsection><subsection number="53-2d-103(1)(d)(vi)">establish and implement the programs, plans, and responsibilities as specified in other sections of this chapter; and</subsection><subsection number="53-2d-103(1)(d)(vii)">establish qualifications for individuals permitted to draw blood under Subsections <xref tempid="561" depth="4" refnumber="41-6a-523(1)(a)(vi)">41-6a-523(1)(a)(vi)</xref>, <xref tempid="425" depth="4" refnumber="53-10-405(2)(a)(vi)">53-10-405(2)(a)(vi)</xref>, <xref tempid="1018" depth="4" refnumber="72-10-502(5)(a)(vi)">72-10-502(5)(a)(vi)</xref>, and <xref tempid="1003" depth="4" refnumber="77-23-213(3)(a)(vi)">77-23-213(3)(a)(vi)</xref>, and issue permits to qualified individuals.</subsection></subsection></subsection><subsection number="53-2d-103(2)"><subsection number="53-2d-103(2)(a)">The bureau shall share data related to the bureau's duties with the Department of Health and Human Services.</subsection><subsection number="53-2d-103(2)(b)">The Department of Health and Human Services shall share data related to the bureau's duties with the bureau.</subsection><subsection number="53-2d-103(2)(c)">All data collected by the bureau under this chapter is subject to <xref depth="2" refnumber="26B-8-4" start="0">Title 26B, Chapter 8, Part 4, Health Statistics</xref>, including data privacy protections.</subsection></subsection></section><section number="53-2d-104"><histories><history>Amended by Chapter <modchap sess="2024GS">506</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Trauma System and Emergency Medical Services Committee -- Membership -- Expenses.</catchline><subsection number="53-2d-104(1)">There is created the Trauma System and Emergency Medical Services Committee.</subsection><subsection number="53-2d-104(2)">The committee shall be composed of the following 11 members appointed by the governor, at least three of whom shall reside in a county of the third, fourth, fifth, or sixth class:<subsection number="53-2d-104(2)(a)">four physicians licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, as follows:<subsection number="53-2d-104(2)(a)(i)">one surgeon who actively provides trauma care at a hospital;</subsection><subsection number="53-2d-104(2)(a)(ii)">one rural physician involved in emergency medical care;</subsection><subsection number="53-2d-104(2)(a)(iii)">one physician who practices in the emergency department of a general acute hospital; and</subsection><subsection number="53-2d-104(2)(a)(iv)">one pediatrician who practices in the emergency department or critical care unit of a general acute hospital or a children's specialty hospital;</subsection></subsection><subsection number="53-2d-104(2)(b)">one representative from a private ambulance provider;</subsection><subsection number="53-2d-104(2)(c)">one representative from an ambulance provider that is neither privately owned nor operated by a fire department;</subsection><subsection number="53-2d-104(2)(d)">one chief officer from a fire agency operated by one of the following classes of licensed or designated emergency medical services providers:<subsection number="53-2d-104(2)(d)(i)">a municipality;</subsection><subsection number="53-2d-104(2)(d)(ii)">a county; or</subsection><subsection number="53-2d-104(2)(d)(iii)">a fire district;and</subsection></subsection><subsection number="53-2d-104(2)(e)">four of any of the following representatives:<subsection number="53-2d-104(2)(e)(i)">one director of a law enforcement agency that provides emergency medical services;</subsection><subsection number="53-2d-104(2)(e)(ii)">one hospital administrator;</subsection><subsection number="53-2d-104(2)(e)(iii)">one emergency care nurse;</subsection><subsection number="53-2d-104(2)(e)(iv)">one paramedic in active field practice;</subsection><subsection number="53-2d-104(2)(e)(v)">one emergency medical technician in active field practice;</subsection><subsection number="53-2d-104(2)(e)(vi)">one certified emergency medical dispatcher affiliated with an emergency medical dispatch center;</subsection><subsection number="53-2d-104(2)(e)(vii)">one licensed mental health professional with experience as a first responder;</subsection><subsection number="53-2d-104(2)(e)(viii)">one licensed behavioral emergency services technician; or</subsection><subsection number="53-2d-104(2)(e)(ix)">one consumer.</subsection></subsection></subsection><subsection number="53-2d-104(3)"><subsection number="53-2d-104(3)(a)">Except as provided in Subsection (3)(b), members shall be appointed to a four-year term.</subsection><subsection number="53-2d-104(3)(b)">Notwithstanding Subsection (3)(a), the governor:<subsection number="53-2d-104(3)(b)(i)">shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of committee members are staggered so that approximately half of the committee is appointed every two years; and</subsection><subsection number="53-2d-104(3)(b)(ii)">may not reappoint a member for more than two consecutive terms.</subsection></subsection><subsection number="53-2d-104(3)(c)">When a vacancy occurs in the membership for any reason, the replacement shall be appointed by the governor for the unexpired term.</subsection></subsection><subsection number="53-2d-104(4)"><subsection number="53-2d-104(4)(a)"><subsection number="53-2d-104(4)(a)(i)">Each January, the committee shall organize and select one of the committee's members as chair and one member as vice chair.</subsection><subsection number="53-2d-104(4)(a)(ii)">The committee may organize standing or ad hoc subcommittees, which shall operate in accordance with guidelines established by the committee.</subsection></subsection><subsection number="53-2d-104(4)(b)"><subsection number="53-2d-104(4)(b)(i)">The chair shall convene a minimum of four meetings per year.</subsection><subsection number="53-2d-104(4)(b)(ii)">The chair may call special meetings.</subsection><subsection number="53-2d-104(4)(b)(iii)">The chair shall call a meeting upon request of five or more members of the committee.</subsection></subsection><subsection number="53-2d-104(4)(c)"><subsection number="53-2d-104(4)(c)(i)">Six members of the committee constitute a quorum for the transaction of business.</subsection><subsection number="53-2d-104(4)(c)(ii)">The action of a majority of the members present is the action of the committee.</subsection></subsection></subsection><subsection number="53-2d-104(5)">A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:<subsection number="53-2d-104(5)(a)">Section <xref depth="3" refnumber="63A-3-106">63A-3-106</xref>;</subsection><subsection number="53-2d-104(5)(b)">Section <xref depth="3" refnumber="63A-3-107">63A-3-107</xref>; and</subsection><subsection number="53-2d-104(5)(c)">rules made by the Division of Finance pursuant to Sections <xref depth="3" refnumber="63A-3-106">63A-3-106</xref> and <xref depth="3" refnumber="63A-3-107">63A-3-107</xref>.</subsection></subsection><subsection number="53-2d-104(6)">Administrative services for the committee shall be provided by the bureau.</subsection></section><section number="53-2d-105"><histories><history>Amended by Chapter <modchap sess="2025GS">260</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Committee advisory duties.</catchline><tab/>The Trauma System and Emergency Medical Services Committee created under Section <xref depth="3" refnumber="53-2d-104">53-2d-104</xref> shall:<subsection number="53-2d-105(1)">advise the bureau chief regarding:<subsection number="53-2d-105(1)(a)">licensure, certification, and reciprocity requirements under Section <xref depth="3" refnumber="53-2d-402">53-2d-402</xref>;</subsection><subsection number="53-2d-105(1)(b)">designation requirements under Section <xref depth="3" refnumber="53-2d-403">53-2d-403</xref>;</subsection><subsection number="53-2d-105(1)(c)">insurance requirements for ambulance providers;</subsection><subsection number="53-2d-105(1)(d)">guidelines for requiring patient data under Section <xref depth="3" refnumber="53-2d-203">53-2d-203</xref>;</subsection><subsection number="53-2d-105(1)(e)">criteria for awarding grants under Section <xref depth="3" refnumber="53-2d-207">53-2d-207</xref>;</subsection><subsection number="53-2d-105(1)(f)">requirements for the coordination of emergency medical services and the medical supervision of emergency medical service providers under Section <xref depth="3" refnumber="53-2d-403">53-2d-403</xref>;</subsection><subsection number="53-2d-105(1)(g)">appropriate vendors to establish certification requirements for emergency medical dispatchers;</subsection><subsection number="53-2d-105(1)(h)">the minimum level of service for 911 ambulance services provided under Section <xref depth="3" refnumber="11-48-103">11-48-103</xref>; and</subsection><subsection number="53-2d-105(1)(i)">rules necessary to administer this chapter, which shall be made by the bureau chief in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;</subsection></subsection><subsection number="53-2d-105(2)">on or before June 1 of each year, deliver to the bureau a recommended fine schedule, setting forth the Trauma System and Emergency Medical Services Committee's recommendations, for each type of violation, regarding the range of potential fines that the bureau should adopt and impose under Subsection <xref depth="4" refnumber="53-2d-604(3)">53-2d-604(3)</xref>; and</subsection><subsection number="53-2d-105(3)">promote the development of a statewide emergency medical services system under Section <xref depth="3" refnumber="53-2d-403">53-2d-403</xref>.</subsection></section><section number="53-2d-108"><histories><history>Renumbered and Amended by Chapter <modchap sess="2023GS">305</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Emergency Medical Services System Account.</catchline><subsection number="53-2d-108(1)"> There is created within the General Fund a restricted account known as the Emergency Medical Services System Account.</subsection><subsection number="53-2d-108(2)"> The account consists of: <subsection number="53-2d-108(2)(a)"> interest earned on the account;</subsection><subsection number="53-2d-108(2)(b)"> appropriations made by the Legislature; and</subsection><subsection number="53-2d-108(2)(c)"> contributions deposited into the account in accordance with Section <xref depth="3" refnumber="41-1a-230.7" start="0">41-1a-230.7</xref>.</subsection></subsection><subsection number="53-2d-108(3)"> The bureau shall use: <subsection number="53-2d-108(3)(a)"> an amount equal to 25% of the money in the account for administrative costs related to this chapter;</subsection><subsection number="53-2d-108(3)(b)"> an amount equal to 75% of the money in the account for grants awarded in accordance with Subsection <xref depth="4" refnumber="53-2d-207(3)" start="0">53-2d-207(3)</xref>; and</subsection><subsection number="53-2d-108(3)(c)"> all money received from the revenue source in Subsection <xref depth="4" refnumber="53-2d-108(2)(c)" start="0">(2)(c)</xref> for grants awarded in accordance with Subsection <xref depth="4" refnumber="53-2d-207(3)" start="0">53-2d-207(3)</xref>.</subsection></subsection></section><section number="53-2d-109"><histories><history>Enacted by Chapter <modchap sess="2025GS">340</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Emergency Medical Services Critical Needs Account.</catchline><subsection number="53-2d-109(1)">There is created within the General Fund a restricted account known as the "Emergency Medical Services Critical Needs Account."</subsection><subsection number="53-2d-109(2)">The account shall be funded through deposits of:<subsection number="53-2d-109(2)(a)">interest earned on the account;</subsection><subsection number="53-2d-109(2)(b)">appropriations made by the Legislature; and</subsection><subsection number="53-2d-109(2)(c)">contributions deposited into the account in accordance with Subsection <xref refnumber="53-2d-207(3)(g)" depth="4">53-2d-207(3)(g)</xref>.</subsection></subsection><subsection number="53-2d-109(3)">All funds in the account shall be nonlapsing.</subsection><subsection number="53-2d-109(4)">The bureau shall:<subsection number="53-2d-109(4)(a)">calculate and allocate for use under Subsection <xref tempid="172" depth="4" refnumber="(4)(b)">(4)(b)</xref> an amount not greater than 25% of the fund balance, quarterly, as of January 1, April 1, July 1, and October 1 of each year; and</subsection><subsection number="53-2d-109(4)(b)">use the allocated amount under Subsection <xref tempid="264" depth="4" refnumber="(4)(a)">(4)(a)</xref> to award and fund critical needs grants:<subsection number="53-2d-109(4)(b)(i)">in accordance with the criteria and procedures established by administrative rule; and</subsection><subsection number="53-2d-109(4)(b)(ii)">during the three-month period ending on the date of the next quarterly allocation under Subsection <xref tempid="421" depth="4" refnumber="(4)(a)">(4)(a)</xref>.</subsection></subsection></subsection></section><section number="53-2d-110"><histories><history>Enacted by Chapter <modchap sess="2025GS">260</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Emergency Medical Services Critical Needs Account.</catchline><subsection number="53-2d-110(1)">There is created within the General Fund a restricted account known as the "Emergency Medical Services Critical Needs Account."</subsection><subsection number="53-2d-110(2)">The account shall be funded through deposits of:<subsection number="53-2d-110(2)(a)">interest earned on the account;</subsection><subsection number="53-2d-110(2)(b)">appropriations made by the Legislature; and</subsection><subsection number="53-2d-110(2)(c)">contributions deposited into the account in accordance with Subsection <xref refnumber="53-2d-207(3)(g)" depth="4">53-2d-207(3)(g)</xref>.</subsection></subsection><subsection number="53-2d-110(3)">All funds in the account shall be nonlapsing.</subsection><subsection number="53-2d-110(4)">The bureau shall:<subsection number="53-2d-110(4)(a)">calculate and allocate for use under Subsection <xref tempid="172" depth="4" refnumber="(4)(b)">(4)(b)</xref> an amount not greater than 25% of the fund balance, quarterly, as of January 1, April 1, July 1, and October 1 of each year; and</subsection><subsection number="53-2d-110(4)(b)">use the allocated amount under Subsection <xref tempid="264" depth="4" refnumber="(4)(a)">(4)(a)</xref> to award and fund critical needs grants:<subsection number="53-2d-110(4)(b)(i)">in accordance with the criteria and procedures established by administrative rule; and</subsection><subsection number="53-2d-110(4)(b)(ii)">during the three-month period ending on the date of the next quarterly allocation under Subsection <xref tempid="421" depth="4" refnumber="(4)(a)">(4)(a)</xref>.</subsection></subsection></subsection></section></part><part number="53-2d-2"><catchline>Programs, Plans, and Duties</catchline><section number="53-2d-201"><histories><history>Renumbered and Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Public awareness efforts.</catchline><tab/>The bureau may:<subsection number="53-2d-201(1)"> develop programs to inform the public of the emergency medical service system; and</subsection><subsection number="53-2d-201(2)"> develop and disseminate emergency medical training programs for the public, which emphasize the prevention and treatment of injuries and illnesses.</subsection></section><section number="53-2d-202"><histories><history>Renumbered and Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Emergency medical communications.</catchline><tab/>Consistent with federal law, the bureau is the lead agency for coordinating the statewide emergency medical service communication systems under which emergency medical personnel, dispatch centers, and treatment facilities provide medical control and coordination between emergency medical service providers.</section><section number="53-2d-203"><histories><history>Amended by Chapter <modchap sess="2025GS">340</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Data collection.</catchline><subsection number="53-2d-203(1)">As used in this section:<subsection number="53-2d-203(1)(a)">"Clinical health information" means the same as that term is defined in Section <xref depth="3" refnumber="26B-8-411">26B-8-411</xref>.</subsection><subsection number="53-2d-203(1)(b)">"Electronic exchange" means the same as that term is defined in Section <xref depth="3" refnumber="26B-8-411">26B-8-411</xref>.</subsection><subsection number="53-2d-203(1)(c)">"Emergency medical service provider" means the same as that term is defined in Section <xref depth="3" refnumber="53-2d-101">53-2d-101</xref>.</subsection><subsection number="53-2d-203(1)(d)">"Emergency medical services" means the same as that term is defined in Section <xref depth="3" refnumber="53-2d-101">53-2d-101</xref>.</subsection><subsection number="53-2d-203(1)(e)">"Qualified network" means the same as that term is defined in Section <xref depth="3" refnumber="26B-8-411">26B-8-411</xref>.</subsection></subsection><subsection number="53-2d-203(2)">The bureau shall specify the information that shall be collected for the emergency medical services data system established pursuant to Subsection (3).</subsection><subsection number="53-2d-203(3)"><subsection number="53-2d-203(3)(a)">The bureau shall establish an emergency medical services data system, which shall provide for the collection, analysis, and reporting of information, as defined by the bureau, relating to the response, treatment, and care of patients who use or have used the emergency medical services system.</subsection><subsection number="53-2d-203(3)(b)">The bureau shall coordinate with the Department of Health and Human Services, to create a report of data collected by the Department of Health and Human Services under Section <xref depth="3" refnumber="26B-8-504">26B-8-504</xref> regarding:<subsection number="53-2d-203(3)(b)(i)">appropriate analytical methods;</subsection><subsection number="53-2d-203(3)(b)(ii)">the total amount of air ambulance flight charges in the state for a one-year period; and</subsection><subsection number="53-2d-203(3)(b)(iii)">of the total number of flights in a one-year period under Subsection (3)(b)(ii):<subsection number="53-2d-203(3)(b)(iii)(A)">the number of flights for which a patient had no personal responsibility for paying part of the flight charges;</subsection><subsection number="53-2d-203(3)(b)(iii)(B)">the number of flights for which a patient had personal responsibility to pay all or part of the flight charges;</subsection><subsection number="53-2d-203(3)(b)(iii)(C)">the range of flight charges for which patients had personal responsibility under Subsection (3)(b)(iii)(B), including the median amount for paid patient personal responsibility; and</subsection><subsection number="53-2d-203(3)(b)(iii)(D)">the name of any air ambulance provider that received a median paid amount for patient responsibility in excess of the median amount for all paid patient personal responsibility during the reporting year.</subsection></subsection></subsection><subsection number="53-2d-203(3)(c)">The bureau may share, within the department, information from the emergency medical services data system that:<subsection number="53-2d-203(3)(c)(i)">relates to traffic incidents; and</subsection><subsection number="53-2d-203(3)(c)(ii)">is for the improvement of traffic and public safety.</subsection></subsection><subsection number="53-2d-203(3)(d)">Information shared under Subsection (3)(c) may not be used for the prosecution of criminal matters.</subsection><subsection number="53-2d-203(3)(e)">Subject to the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936, as amended:<subsection number="53-2d-203(3)(e)(i)">the bureau may submit clinical health information about a patient, to a qualified network, via electronic exchange of clinical health information, if:<subsection number="53-2d-203(3)(e)(i)(A)">the electronic exchange of clinical health information meets the standards established by the Department of Health and Human Services under Section <xref depth="3" refnumber="26B-8-411">26B-8-411</xref>; and</subsection><subsection number="53-2d-203(3)(e)(i)(B)">the clinical health information was collected by an emergency medical service provider performing emergency medical services for the provider's patient;</subsection></subsection><subsection number="53-2d-203(3)(e)(ii)">in connection with providing emergency medical services to a patient, an emergency medical service provider may, through electronic exchange, access the patient's clinical health information that is pertinent to the emergency medical services provided; and</subsection><subsection number="53-2d-203(3)(e)(iii)">an emergency medical service provider may use clinical health information only to provide and improve the quality of the emergency medical service provider's services.</subsection></subsection></subsection><subsection number="53-2d-203(4)"><subsection number="53-2d-203(4)(a)">On or before October 1, the bureau shall make the information in Subsection (3)(b) public and send the information in Subsection (3)(b) to public safety dispatchers and first responders in the state.</subsection><subsection number="53-2d-203(4)(b)">Before making the information in Subsection (3)(b) public, the bureau shall provide the air ambulance providers named in the report with the opportunity to respond to the accuracy of the information in the report under Section <xref depth="3" refnumber="26B-8-506">26B-8-506</xref>.</subsection></subsection><subsection number="53-2d-203(5)">Persons providing emergency medical services:<subsection number="53-2d-203(5)(a)">shall provide information to the bureau for the emergency medical services data system established pursuant to Subsection (3)(a);</subsection><subsection number="53-2d-203(5)(b)">are not required to provide information to the bureau under Subsection (3)(b); and</subsection><subsection number="53-2d-203(5)(c)">may provide information to the bureau under Subsection (3)(b) or (4)(b).</subsection></subsection></section><section number="53-2d-204"><histories><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Amended by Chapter <modchap sess="2023GS">327</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Amended by Chapter <modchap sess="2023GS">327</modchap>, 2023 General Session, (Coordination Clause)</history><modyear>2023</modyear></histories><catchline>Disaster coordination plan.</catchline><tab/>The bureau shall develop and implement, in cooperation with state, federal, and local agencies empowered to oversee disaster response activities, plans to provide emergency medical services during times of disaster or emergency.</section><section number="53-2d-205"><histories><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Amended by Chapter <modchap sess="2023GS">327</modchap>, 2023 General Session, (Coordination Clause)</history><modyear>2023</modyear><history>Amended by Chapter <modchap sess="2023GS">327</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Pediatric quality improvement program.</catchline><tab/>The bureau shall establish a pediatric quality improvement resource program.</section><section number="53-2d-206"><histories><history>Amended by Chapter <modchap sess="2024GS">345</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Personnel critical incident stress management program.</catchline><subsection number="53-2d-206(1)">The bureau shall facilitate a statewide program to provide support and counseling for personnel who have been exposed to one or more stressful incidents in the course of providing emergency services.</subsection><subsection number="53-2d-206(2)">The critical incident stress management program shall include:<subsection number="53-2d-206(2)(a)">ongoing training for agencies providing emergency services and counseling program volunteers;</subsection><subsection number="53-2d-206(2)(b)">critical incident stress debriefing for personnel at no cost to the emergency provider; and</subsection><subsection number="53-2d-206(2)(c)">advising the department on training requirements for licensure as a behavioral emergency services technician.</subsection></subsection><subsection number="53-2d-206(3)"><subsection number="53-2d-206(3)(a)">The department shall annually provide informational resources to first responder agencies about the critical incident stress management program in a format that will ensure that the first responder agency receives the information.</subsection><subsection number="53-2d-206(3)(b)">The informational resources described in Subsection (3)(a) shall include educational resources about the critical incident stress management program directed to:<subsection number="53-2d-206(3)(b)(i)">the first responder agency administration; and</subsection><subsection number="53-2d-206(3)(b)(ii)">the employees or volunteers of the first responder agency.</subsection></subsection></subsection><subsection number="53-2d-206(4)"><subsection number="53-2d-206(4)(a)">The department shall receive, process, and reimburse reasonable actual expenses, including mileage, incurred by a volunteer during the course of a volunteer's provision of critical incident stress management services under this section.</subsection><subsection number="53-2d-206(4)(b)">The department shall, on the department's website, provide information concerning:<subsection number="53-2d-206(4)(b)(i)">the expenses that are eligible for reimbursement for a critical incident stress management program volunteer under Subsection (4)(a); and</subsection><subsection number="53-2d-206(4)(b)(ii)">instructions on how a critical incident stress management volunteer may submit a request for reimbursement under Subsection (4)(a).</subsection></subsection></subsection><subsection number="53-2d-206(5)"><subsection number="53-2d-206(5)(a)">The department shall, in collaboration with current critical incident stress management program volunteers, organize and provide an annual training for critical incident stress management program volunteers.</subsection><subsection number="53-2d-206(5)(b)">For the training described in Subsection (5)(a), the department shall:<subsection number="53-2d-206(5)(b)(i)">pay for or reimburse reasonable actual expenses for a critical incident stress management program volunteer who attends the training;</subsection><subsection number="53-2d-206(5)(b)(ii)">collaborate with existing critical incident stress management program volunteers to determine a location for the training; and</subsection><subsection number="53-2d-206(5)(b)(iii)">provide information on the department's website about the training.</subsection></subsection></subsection></section><section number="53-2d-207"><histories><history>Amended by Chapter <modchap sess="2025GS">260</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Amended by Chapter <modchap sess="2025GS">340</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Emergency Medical Services Grant Program.</catchline><subsection number="53-2d-207(1)">Funds appropriated to the bureau for the Emergency Medical Services Grant Program shall be used for improvement of delivery of emergency medical services and administrative costs as described in Subsection <xref depth="4" refnumber="53-2d-207(2)(a)" start="0">(2)(a)</xref>.</subsection><subsection number="53-2d-207(2)">From the total amount of funds appropriated to the bureau under Subsection <xref depth="4" refnumber="53-2d-207(1)" start="0">(1)</xref>, the bureau shall use:<subsection number="53-2d-207(2)(a)">an amount equal to 50% of the funds:<subsection number="53-2d-207(2)(a)(i)">to provide staff support; and</subsection><subsection number="53-2d-207(2)(a)(ii)">for other expenses incurred in:<subsection number="53-2d-207(2)(a)(ii)(A)">administration of grant funds; and</subsection><subsection number="53-2d-207(2)(a)(ii)(B)">other bureau administrative costs under this chapter; and</subsection></subsection></subsection><subsection number="53-2d-207(2)(b)">an amount equal to 50% of the funds to provide emergency medical services grants in accordance with Subsection <xref depth="4" refnumber="53-2d-207(3)" start="0">(3)</xref>.</subsection></subsection><subsection number="53-2d-207(3)"><subsection number="53-2d-207(3)(a)">A recipient of a grant under this section shall actively provide emergency medical services within the state.</subsection><subsection number="53-2d-207(3)(b)"><subsection number="53-2d-207(3)(b)(i)">From the total amount of funds used to provide grants under Subsection <xref depth="4" refnumber="53-2d-207(3)" start="0">(3)</xref>, the bureau shall distribute an amount equal to 21% as per capita block grants for use specifically related to the provision of emergency medical services to nonprofit prehospital emergency medical services providers that are either licensed or designated and to emergency medical services that are the primary emergency medical services for a service area. </subsection><subsection number="53-2d-207(3)(b)(ii)">The bureau shall determine the grant amounts by prorating available funds on a per capita basis by county as described in bureau rule.</subsection></subsection><subsection number="53-2d-207(3)(c)">Subject to Subsections <xref depth="4" refnumber="53-2d-207(3)(d)" start="0">(3)(d)</xref> through <xref depth="4" refnumber="53-2d-207(3)(f)" start="0">(f)</xref>, the bureau shall use the remaining grant funds to award competitive grants to licensed emergency medical services providers that provide emergency medical services within counties of the third through sixth class, in accordance with rules made by the bureau.</subsection><subsection number="53-2d-207(3)(d)">A grant awarded under Subsection <xref depth="4" refnumber="53-2d-207(3)(c)" start="0">(3)(c)</xref> shall be used:<subsection number="53-2d-207(3)(d)(i)">for the purchase of equipment, subject to Subsection <xref depth="4" refnumber="53-2d-207(3)(e)" start="0">(3)(e)</xref>; or</subsection><subsection number="53-2d-207(3)(d)(ii)">for the recruitment, training, or retention of licensed emergency medical services providers.</subsection></subsection><subsection number="53-2d-207(3)(e)">A recipient of a grant under Subsection <xref depth="4" refnumber="53-2d-207(3)(c)" start="0">(3)(c)</xref> may not use more than $200,000 in grant proceeds for the purchase of vehicles.</subsection><subsection number="53-2d-207(3)(f)">A grant awarded for the purpose described in Subsection <xref depth="4" refnumber="53-2d-207(3)(d)(ii)" start="0">(3)(d)(ii)</xref> is ongoing for a period of up to three years.</subsection><subsection number="53-2d-207(3)(g)">If, after providing grants under Subsections <xref depth="4" refnumber="53-2d-207(3)(c)" start="0">(3)(c)</xref> through <xref depth="4" refnumber="53-2d-207(3)(f)" start="0">(f)</xref>, any grant funds are unallocated at the end of the fiscal year, the bureau shall deposit the unallocated grant funds into the Emergency Medical Services Critical Needs Account created under Section <xref depth="3" refnumber="53-2d-109">53-2d-109</xref>.</subsection></subsection></section><section number="53-2d-208"><histories><history>Renumbered and Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Fees for training equipment rental, testing, and quality assurance reviews.</catchline><subsection number="53-2d-208(1)"> The bureau may charge fees, established in accordance with Section <xref depth="3" refnumber="63J-1-504" start="0">63J-1-504</xref>: <subsection number="53-2d-208(1)(a)"> for the use of bureau-owned training equipment;</subsection><subsection number="53-2d-208(1)(b)"> to administer tests and conduct quality assurance reviews; and</subsection><subsection number="53-2d-208(1)(c)"> to process an application for a designation, permit, or license.</subsection></subsection><subsection number="53-2d-208(2)"><subsection number="53-2d-208(2)(a)"> Fees collected under Subsections <xref depth="4" refnumber="53-2d-208(1)(a)" start="0">(1)(a)</xref> and <xref depth="4" refnumber="53-2d-208(1)(b)" start="0">(b)</xref> shall be separate dedicated credits.</subsection><subsection number="53-2d-208(2)(b)"> Fees under Subsection <xref depth="4" refnumber="53-2d-208(1)(a)" start="0">(1)(a)</xref> may be used to purchase training equipment.</subsection><subsection number="53-2d-208(2)(c)"> Fees under Subsection <xref depth="4" refnumber="53-2d-208(1)(b)" start="0">(1)(b)</xref> may be used to administer tests and conduct quality assurance reviews.</subsection></subsection></section><section number="53-2d-209"><histories><history>Amended by Chapter <modchap sess="2025GS">340</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Regional Emergency Medical Services Liaisons -- Qualifications -- Duties.</catchline><subsection number="53-2d-209(1)">As used in this section:<subsection number="53-2d-209(1)(a)">"Liaison" means a regional emergency medical services liaison hired under this section.</subsection><subsection number="53-2d-209(1)(b)">"Rural county" means a county of the third, fourth, fifth, or sixth class.</subsection></subsection><subsection number="53-2d-209(2)">The department, in consultation with the bureau, shall hire five individuals to serve as regional emergency medical services liaisons to:<subsection number="53-2d-209(2)(a)">serve the needs of rural counties in providing emergency medical services in accordance with this chapter;</subsection><subsection number="53-2d-209(2)(b)">act as a liaison between the bureau and individuals or entities responsible for emergency medical services in rural counties, including:<subsection number="53-2d-209(2)(b)(i)">emergency medical services providers;</subsection><subsection number="53-2d-209(2)(b)(ii)">local officials; and</subsection><subsection number="53-2d-209(2)(b)(iii)">local health departments or agencies;</subsection></subsection><subsection number="53-2d-209(2)(c)">provide support and training to emergency medical services providers in rural counties;</subsection><subsection number="53-2d-209(2)(d)">assist rural counties in utilizing state and federal grant programs for financing emergency medical services; and</subsection><subsection number="53-2d-209(2)(e)">serve as emergency medical service personnel to assist licensed providers with ambulance staffing needs within rural counties.</subsection></subsection><subsection number="53-2d-209(3)">Each liaison hired under Subsection <xref depth="4" refnumber="53-2d-209(2)" start="0">(2)</xref>:<subsection number="53-2d-209(3)(a)">shall reside in a rural county; and</subsection><subsection number="53-2d-209(3)(b)">shall be licensed as:<subsection number="53-2d-209(3)(b)(i)">an advanced emergency medical technician as defined in Section <xref depth="3" refnumber="53-2e-101" start="0">53-2e-101</xref>; or</subsection><subsection number="53-2d-209(3)(b)(ii)">a paramedic as defined in Section <xref depth="3" refnumber="53-2e-101" start="0">53-2e-101</xref>.</subsection></subsection></subsection><subsection number="53-2d-209(4)">The bureau shall provide each liaison with a vehicle and other equipment.</subsection></section><section number="53-2d-210"><histories><history>Enacted by Chapter <modchap sess="2025GS">13</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Emergency medical service employees providing medical services in non-911 emergency settings.</catchline><subsection number="53-2d-210(1)">As used in this section:<subsection number="53-2d-210(1)(a)">"Direct supervision" means a medical director or other physician is present and available for face-to-face communication with an emergency medical service employee being supervised by the medical director or other physician at the time and place any non-911 emergency medical services authorized by the medical director or other physician are being provided by the emergency medical service employee.</subsection><subsection number="53-2d-210(1)(b)">"Emergency medical service employee" means a following individual licensed under this chapter:<subsection number="53-2d-210(1)(b)(i)">a paramedic;</subsection><subsection number="53-2d-210(1)(b)(ii)">an advanced emergency medical services technician;</subsection><subsection number="53-2d-210(1)(b)(iii)">emergency medical services technician; or</subsection><subsection number="53-2d-210(1)(b)(iv)">an emergency medical responder.</subsection></subsection><subsection number="53-2d-210(1)(c)">"Indirect supervision" means a medical director or other physician, licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, who is available for consultation regarding any non-911 emergency medical services the medical director or other physician has authorized an emergency medical service employee to perform, regardless of whether the medical director or other physician is located on the same premises as the emergency medical service employee being supervised.</subsection><subsection number="53-2d-210(1)(d)">"Medical director" means a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, who is accountable for the non-911 emergency medical services provided by an emergency medical service employee.</subsection><subsection number="53-2d-210(1)(e)">"Non-911 emergency medical services" means medical services that are not provided by a licensed ambulance provider or a licensed paramedic provider.</subsection></subsection><subsection number="53-2d-210(2)">A company, a corporation, a partnership, or other entity may employ an emergency medical service employee to provide non-911 emergency medical services as described in Subsection (3) if the company, corporation, partnership, or other entity:<subsection number="53-2d-210(2)(a)">employs a medical director to manage the emergency medical service employee;</subsection><subsection number="53-2d-210(2)(b)">has protocols approved by the medical director establishing how the emergency medical service employee is:<subsection number="53-2d-210(2)(b)(i)">to provide non-911 emergency medical services; and</subsection><subsection number="53-2d-210(2)(b)(ii)">to be supervised by the medical director or other physician as described in Subsection (4);</subsection></subsection><subsection number="53-2d-210(2)(c)">implements and maintains a quality improvement process;</subsection><subsection number="53-2d-210(2)(d)">establishes a process for the emergency medical service employee to initiate 911 emergency services for identified emergencies in compliance with rules made by the bureau;</subsection><subsection number="53-2d-210(2)(e)">maintains patient records for all patients receiving non-911 emergency medical services that:<subsection number="53-2d-210(2)(e)(i)">comply with typical medical documentation standards; and</subsection><subsection number="53-2d-210(2)(e)(ii)">are auditable and accessible upon request by the bureau;</subsection></subsection><subsection number="53-2d-210(2)(f)">obtains any licenses required by law for the non-911 emergency medical services the company, corporation, partnership, or other entity will employ the emergency medical service employee to perform;</subsection><subsection number="53-2d-210(2)(g)">does not advertise or claim that the company, corporation, partnership, or other entity is providing non-911 emergency medical services as an alternative to 911 emergency response;</subsection><subsection number="53-2d-210(2)(h)">assesses the education and training of the emergency medical service employee to ensure that the emergency medical service employee is competent and able to provide the non-911 emergency medical services sought;</subsection><subsection number="53-2d-210(2)(i)">provides continuing education and training as needed to ensure the continued competency and eligibility for licensure of the emergency medical service employee to provide the non-911 emergency medical services sought; and</subsection><subsection number="53-2d-210(2)(j)">complies with any bureau rules created in accordance with this section.</subsection></subsection><subsection number="53-2d-210(3)"><subsection number="53-2d-210(3)(a)">Except as provided in Subsection (3)(b), and subject to Subsection (4), an emergency medical service employee employed by a company, a corporation, a partnership, or other entity that complies with Subsection (2) may provide non-911 emergency medical services that:<subsection number="53-2d-210(3)(a)(i)">the emergency medical service employee has been trained to perform;</subsection><subsection number="53-2d-210(3)(a)(ii)">the emergency medical service employee has been credentialed, privileged, or authorized to perform; and</subsection><subsection number="53-2d-210(3)(a)(iii)">are within the emergency medical service employee's scope of practice as defined by the bureau.</subsection></subsection><subsection number="53-2d-210(3)(b)">Notwithstanding Subsection (3)(a), an emergency medical service employee may provide non-911 emergency medical services outside the emergency medical service employee's scope of practice described in Subsection (3)(a) if:<subsection number="53-2d-210(3)(b)(i)">the medical service is approved by the bureau;</subsection><subsection number="53-2d-210(3)(b)(ii)">the emergency medical service employee has been trained to perform the non-911 emergency medical service; and</subsection><subsection number="53-2d-210(3)(b)(iii)">the emergency medical service employee is otherwise complying with the requirements of this section.</subsection></subsection></subsection><subsection number="53-2d-210(4)"><subsection number="53-2d-210(4)(a)">Except as provided in Subsection (4)(b), an emergency medical service employee may provide the non-911 emergency medical services described in Subsection (3) if the emergency medical service employee is providing the services under the direct supervision or indirect supervision of a medical director or another physician.</subsection><subsection number="53-2d-210(4)(b)">An emergency medical service employee may provide the non-911 emergency medical services described in Subsection (3) under the direct supervision or indirect supervision of a nurse practitioner or physician assistant if:<subsection number="53-2d-210(4)(b)(i)">the emergency medical service employee is providing the non-911 emergency medical services in a county of the fourth, fifth, or sixth class as described in Section <xref depth="3" refnumber="17-50-50">17-50-50</xref>1; or</subsection><subsection number="53-2d-210(4)(b)(ii)">if approved by the bureau.</subsection></subsection></subsection><subsection number="53-2d-210(5)">An emergency medical service employee providing non-911 emergency medical services under this section may perform the non-911 emergency medical services in a hospital, in an emergency room, in a clinic, in a community paramedicine program, at an event, or any other location where non-911 emergency medical services may need to be provided.</subsection><subsection number="53-2d-210(6)">The bureau shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:<subsection number="53-2d-210(6)(a)">define the scope of practice for an emergency medical service employee as described in Subsection (3)(a); and</subsection><subsection number="53-2d-210(6)(b)">establish minimum standards for the requirements listed in Subsection (2).</subsection></subsection><subsection number="53-2d-210(7)">This section does not expand or limit the scope of practice for an emergency medical service employee when the emergency medical service employee is responding to an emergency or providing 911 ambulance services.</subsection></section><section number="53-2d-211"><histories><history>Amended by Chapter <modchap sess="2025GS">340</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Community paramedicine program.</catchline><subsection number="53-2d-211(1)">A ground ambulance provider or a designated quick response provider, as designated in accordance with Section <xref depth="3" refnumber="53-2d-403" start="0">53-2d-403</xref>, may develop and implement a community paramedicine program.</subsection><subsection number="53-2d-211(2)"><subsection number="53-2d-211(2)(a)">Before providing services, a community paramedicine program shall:<subsection number="53-2d-211(2)(a)(i)">implement training requirements as determined by the bureau; and</subsection><subsection number="53-2d-211(2)(a)(ii)">submit a written community paramedicine operational plan to the bureau that meets requirements established by the bureau.</subsection></subsection><subsection number="53-2d-211(2)(b)">A community paramedicine program shall report data, as determined by the bureau, related to community paramedicine to the bureau.</subsection></subsection><subsection number="53-2d-211(3)">A service provided as part of a community paramedicine program may not be billed to an individual or a health benefit plan as defined in Section <xref depth="3" refnumber="31A-1-301" start="0">31A-1-301</xref> unless:<subsection number="53-2d-211(3)(a)">the service is provided in partnership with a health care facility as defined in Section <xref depth="3" refnumber="26B-2-201" start="0">26B-2-201</xref>; and</subsection><subsection number="53-2d-211(3)(b)">the partnering health care facility is the person that bills the individual or health benefit plan.</subsection></subsection><subsection number="53-2d-211(4)">Nothing in this section affects any billing authorized under Section <xref depth="3" refnumber="53-2d-503" start="0">53-2d-503</xref>.</subsection><subsection number="53-2d-211(5)">In accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, and Section <xref depth="3" refnumber="53-2d-105" start="0">53-2d-105</xref>, the bureau shall make rules to implement this section.</subsection></section></part><part number="53-2d-3"><catchline>Statewide Trauma System</catchline><section number="53-2d-301"><histories><history>Renumbered and Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Establishment of statewide trauma system.</catchline><tab/>The bureau shall establish and actively supervise a statewide trauma system to:<subsection number="53-2d-301(1)"> promote optimal care for trauma patients;</subsection><subsection number="53-2d-301(2)"> alleviate unnecessary death and disability from trauma and emergency illness;</subsection><subsection number="53-2d-301(3)"> inform health care providers about trauma system capabilities;</subsection><subsection number="53-2d-301(4)"> encourage the efficient and effective continuum of patient care, including prevention, prehospital care, hospital care, and rehabilitative care; and</subsection><subsection number="53-2d-301(5)"> minimize the overall cost of trauma care.</subsection></section><section number="53-2d-303"><histories><history>Renumbered and Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Department duties.</catchline><tab/>In connection with the statewide trauma system established in Section <xref depth="3" refnumber="53-2d-301" start="0">53-2d-301</xref>, the bureau shall:<subsection number="53-2d-303(1)"> establish a statewide trauma system plan that: <subsection number="53-2d-303(1)(a)"> identifies statewide trauma care needs, objectives, and priorities;</subsection><subsection number="53-2d-303(1)(b)"> identifies the equipment, facilities, personnel training, and other things necessary to create and maintain a statewide trauma system; and</subsection><subsection number="53-2d-303(1)(c)"> organizes and coordinates trauma care within defined geographic areas;</subsection></subsection><subsection number="53-2d-303(2)"> support the statewide trauma system by: <subsection number="53-2d-303(2)(a)"> facilitating the coordination of prehospital, acute care, and rehabilitation services and providers through state regulation and oversight;</subsection><subsection number="53-2d-303(2)(b)"> facilitating the ongoing evaluation and refinement of the statewide trauma system;</subsection><subsection number="53-2d-303(2)(c)"> providing educational programs;</subsection><subsection number="53-2d-303(2)(d)"> encouraging cooperation between community organizations, health care facilities, public health officials, emergency medical service providers, and rehabilitation facilities for the development of a statewide trauma system;</subsection><subsection number="53-2d-303(2)(e)"> implementing a quality assurance program using information from the statewide trauma registry established pursuant to Section <xref depth="3" refnumber="53-2d-304" start="0">53-2d-304</xref>;</subsection><subsection number="53-2d-303(2)(f)"> establishing trauma center designation requirements in accordance with Section <xref depth="3" refnumber="53-2d-305" start="0">53-2d-305</xref>; and</subsection><subsection number="53-2d-303(2)(g)"> developing standards so that:<subsection number="53-2d-303(2)(g)(i)"> trauma centers are categorized according to their capability to provide care;</subsection><subsection number="53-2d-303(2)(g)(ii)"> trauma victims are triaged at the initial point of patient contact; and</subsection><subsection number="53-2d-303(2)(g)(iii)"> trauma patients are sent to appropriate health care facilities.</subsection></subsection></subsection></section><section number="53-2d-304"><histories><history>Amended by Chapter <modchap sess="2024GS">147</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Statewide trauma registry and quality assurance program.</catchline><subsection number="53-2d-304(1)">The bureau shall:<subsection number="53-2d-304(1)(a)">establish and fund a statewide trauma registry to collect and analyze information on the incidence, severity, causes, and outcomes of trauma;</subsection><subsection number="53-2d-304(1)(b)">establish, by rule, the data elements, the medical care providers that shall report, and the time frame and format for reporting;</subsection><subsection number="53-2d-304(1)(c)">use the data collected to:<subsection number="53-2d-304(1)(c)(i)">improve the availability and delivery of prehospital and hospital trauma care;</subsection><subsection number="53-2d-304(1)(c)(ii)">assess trauma care delivery, patient care outcomes, and compliance with the requirements of this chapter and applicable department rules; and</subsection><subsection number="53-2d-304(1)(c)(iii)">regularly produce and disseminate reports to data providers, state government, and the public; and</subsection></subsection><subsection number="53-2d-304(1)(d)">support data collection and abstraction by providing:<subsection number="53-2d-304(1)(d)(i)">a data collection system and technical assistance to each hospital that submits data; and</subsection><subsection number="53-2d-304(1)(d)(ii)">funding or, at the discretion of the bureau, personnel for collection and abstraction for each hospital not designated as a trauma center under the standards established pursuant to Section <xref depth="3" refnumber="53-2d-305">53-2d-305</xref>.</subsection></subsection></subsection><subsection number="53-2d-304(2)"><subsection number="53-2d-304(2)(a)">Each hospital shall submit trauma data in accordance with rules established under Subsection (1).</subsection><subsection number="53-2d-304(2)(b)">A hospital designated as a trauma center shall submit data as part of the ongoing quality assurance program established in Section <xref depth="3" refnumber="53-2d-303">53-2d-303</xref>.</subsection></subsection><subsection number="53-2d-304(3)">The department shall assess:<subsection number="53-2d-304(3)(a)">the effectiveness of the data collected pursuant to Subsection (1); and</subsection><subsection number="53-2d-304(3)(b)">the impact of the statewide trauma system on the provision of trauma care.</subsection></subsection><subsection number="53-2d-304(4)">Data collected under this section shall be subject to Title 26B, Chapter 8, Part 4, Health Statistics.</subsection><subsection number="53-2d-304(5)">No person may be held civilly liable for having provided data to the department in accordance with this section.</subsection></section><section number="53-2d-305"><histories><history>Amended by Chapter <modchap sess="2025GS">340</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Trauma center designations and guidelines.</catchline><subsection number="53-2d-305(1)">The bureau shall establish by rule:<subsection number="53-2d-305(1)(a)">trauma center designation requirements; and</subsection><subsection number="53-2d-305(1)(b)">model state guidelines for triage, treatment, transportation, and transfer of trauma patients to the most appropriate health care facility.</subsection></subsection><subsection number="53-2d-305(2)">The bureau shall designate as a trauma center each hospital that:<subsection number="53-2d-305(2)(a)">voluntarily requests a trauma center designation; and</subsection><subsection number="53-2d-305(2)(b)">meets the applicable requirements established pursuant to Subsection (1).</subsection></subsection></section></part><part number="53-2d-4"><catchline>Certificates, Designations, Permits, and Licenses</catchline><section number="53-2d-401"><histories><history>Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session, (Coordination Clause)</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>General requirement.</catchline><subsection number="53-2d-401(1)"> Except as provided in Section <xref depth="3" refnumber="53-2d-408" start="0">53-2d-408</xref> or <xref depth="3" refnumber="53-2d-801" start="0">53-2d-801</xref>: <subsection number="53-2d-401(1)(a)"> an individual may not provide emergency medical services without a license or certification issued under Section <xref depth="3" refnumber="53-2d-402" start="0">53-2d-402</xref>;</subsection><subsection number="53-2d-401(1)(b)"> a facility or provider may not hold itself out as a designated emergency medical service provider or nonemergency secured behavioral health transport provider without a designation issued under Section <xref depth="3" refnumber="53-2d-403" start="0">53-2d-403</xref>;</subsection><subsection number="53-2d-401(1)(c)"> a vehicle may not operate as an ambulance, emergency response vehicle, or nonemergency secured behavioral health transport vehicle without a permit issued under Section <xref depth="3" refnumber="53-2d-404" start="0">53-2d-404</xref>; and</subsection><subsection number="53-2d-401(1)(d)"> an entity may not respond as an ambulance or paramedic provider without the appropriate license issued under <xref depth="2" refnumber="53-2d-5" start="2">Part 5, Ambulance and Paramedic Providers</xref>.</subsection></subsection><subsection number="53-2d-401(2)"> Section <xref depth="3" refnumber="53-2d-602" start="0">53-2d-602</xref> applies to violations of this section.</subsection></section><section number="53-2d-402"><histories><history>Amended by Chapter <modchap sess="2025S1">16</modchap>, 2025 Special Session 1</history><modyear>2025</modyear></histories><catchline>Licensure of emergency medical service personnel.</catchline><subsection number="53-2d-402(1)">To promote the availability of comprehensive emergency medical services throughout the state, the bureau shall establish:<subsection number="53-2d-402(1)(a)">initial and ongoing licensure and training requirements for emergency medical service personnel in the following categories:<subsection number="53-2d-402(1)(a)(i)">paramedic;</subsection><subsection number="53-2d-402(1)(a)(ii)">advanced emergency medical services technician;</subsection><subsection number="53-2d-402(1)(a)(iii)">emergency medical services technician;</subsection><subsection number="53-2d-402(1)(a)(iv)">emergency medical responder;</subsection><subsection number="53-2d-402(1)(a)(v)">behavioral emergency services technician; and</subsection><subsection number="53-2d-402(1)(a)(vi)">advanced behavioral emergency services technician;</subsection></subsection><subsection number="53-2d-402(1)(b)">a method to monitor the certification status and continuing medical education hours for emergency medical dispatchers; and</subsection><subsection number="53-2d-402(1)(c)">guidelines for giving credit for out-of-state training and experience.</subsection></subsection><subsection number="53-2d-402(2)">The bureau shall, based on the requirements established in Subsection <xref depth="4" refnumber="53-2d-402(1)">(1)</xref>:<subsection number="53-2d-402(2)(a)">develop, conduct, and authorize training and testing for emergency medical service personnel;</subsection><subsection number="53-2d-402(2)(b)">issue a license and license renewals to emergency medical service personnel other than emergency medical dispatchers; and</subsection><subsection number="53-2d-402(2)(c)">verify the certification of emergency medical dispatchers.</subsection></subsection><subsection number="53-2d-402(3)">The bureau shall coordinate with local mental health authorities described in Section <xref depth="3" refnumber="17-77-301">17-77-301</xref> to develop and authorize initial and ongoing licensure and training requirements for licensure as a:<subsection number="53-2d-402(3)(a)">behavioral emergency services technician; and</subsection><subsection number="53-2d-402(3)(b)">advanced behavioral emergency services technician.</subsection></subsection><subsection number="53-2d-402(4)">As provided in Section <xref depth="3" refnumber="53-2d-602">53-2d-602</xref>, an individual issued a license or certified under this section may only provide emergency medical services to the extent allowed by the license or certification.</subsection><subsection number="53-2d-402(5)">An individual may not be issued or retain a license under this section unless the individual obtains and retains background clearance under Section <xref depth="3" refnumber="53-2d-410">53-2d-410</xref>.</subsection><subsection number="53-2d-402(6)">An individual may not be issued or retain a certification under this section unless the individual obtains and retains background clearance in accordance with Section <xref depth="3" refnumber="53-2d-410.5">53-2d-410.5</xref>.</subsection></section><section number="53-2d-403"><histories><history>Amended by Chapter <modchap sess="2025GS">340</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Designation of emergency medical service providers, training centers, and nonemergency secured behavioral health transport providers.</catchline><subsection number="53-2d-403(1)">To ensure quality emergency medical services, the bureau shall establish designation requirements for:<subsection number="53-2d-403(1)(a)">emergency medical service providers in the following categories:<subsection number="53-2d-403(1)(a)(i)">quick response provider;</subsection><subsection number="53-2d-403(1)(a)(ii)">resource hospital for emergency medical providers;</subsection><subsection number="53-2d-403(1)(a)(iii)">emergency medical service dispatch center;</subsection><subsection number="53-2d-403(1)(a)(iv)">emergency patient receiving facilities; and</subsection><subsection number="53-2d-403(1)(a)(v)">other types of emergency medical service providers as the bureau considers necessary; and</subsection></subsection><subsection number="53-2d-403(1)(b)">nonemergency secured behavioral health transport providers.</subsection></subsection><subsection number="53-2d-403(2)">The bureau shall, based on the requirements in Subsection <xref depth="4" refnumber="53-2d-403(1)" start="0">(1)</xref>, issue designations to emergency medical service providers and nonemergency secured behavioral health transport providers listed in Subsection <xref depth="4" refnumber="53-2d-403(1)" start="0">(1)</xref>.</subsection><subsection number="53-2d-403(3)">As provided in Section <xref depth="3" refnumber="53-2d-602" start="0">53-2d-602</xref>, an entity issued a designation under Subsection <xref depth="4" refnumber="53-2d-403(2)" start="0">(2)</xref> may only function and hold itself out in accordance with its designation.</subsection><subsection number="53-2d-403(4)">The bureau shall establish designation requirements for training centers that are:<subsection number="53-2d-403(4)(a)">colleges or universities;</subsection><subsection number="53-2d-403(4)(b)">vocational schools;</subsection><subsection number="53-2d-403(4)(c)">technical colleges;</subsection><subsection number="53-2d-403(4)(d)">for profit and non-profit organizations; or</subsection><subsection number="53-2d-403(4)(e)">privately owned or operated businesses.</subsection></subsection></section><section number="53-2d-404"><histories><history>Amended by Chapter <modchap sess="2025GS">340</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Permits for emergency medical service vehicles and nonemergency secured behavioral health transport vehicles.</catchline><subsection number="53-2d-404(1)"><subsection number="53-2d-404(1)(a)">To ensure that emergency medical service vehicles and nonemergency secured behavioral health transport vehicles are adequately staffed, safe, maintained, properly equipped, and safely operated, the bureau shall establish permit requirements at levels it considers appropriate in the following categories:<subsection number="53-2d-404(1)(a)(i)">ambulance;</subsection><subsection number="53-2d-404(1)(a)(ii)">emergency medical response vehicle; and</subsection><subsection number="53-2d-404(1)(a)(iii)">nonemergency secured behavioral health transport vehicle.</subsection></subsection><subsection number="53-2d-404(1)(b)">The permit requirements under Subsections (1)(a)(i) and (ii) shall include a requirement that every operator of an ambulance or emergency medical response vehicle annually provide proof of the successful completion of an emergency vehicle operator's course approved by the bureau for all ambulances and emergency medical response vehicle operators.</subsection></subsection><subsection number="53-2d-404(2)">The bureau shall, based on the requirements established in Subsection (1), issue permits to emergency medical service vehicles and nonemergency secured behavioral health transport vehicles.</subsection></section><section number="53-2d-405"><histories><history>Amended by Chapter <modchap sess="2025GS">340</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Ambulance license required for emergency medical transport.</catchline><tab/>Except as provided in Section <xref depth="3" refnumber="53-2d-408" start="0">53-2d-408</xref>, only an ambulance operating under a permit issued under Section <xref depth="3" refnumber="53-2d-404" start="0">53-2d-404</xref> may transport an individual who:<subsection number="53-2d-405(1)">is in an emergency medical condition;</subsection><subsection number="53-2d-405(2)">is medically or mentally unstable, requiring direct medical observation during transport;</subsection><subsection number="53-2d-405(3)">is physically incapacitated because of illness or injury and in need of immediate transport by emergency medical service personnel;</subsection><subsection number="53-2d-405(4)">is likely to require medical attention during transport;</subsection><subsection number="53-2d-405(5)">is being maintained on any type of emergency medical electronic monitoring;</subsection><subsection number="53-2d-405(6)">is receiving or has recently received medications that could cause a sudden change in medical condition that might require emergency medical services;</subsection><subsection number="53-2d-405(7)">requires IV administration or maintenance, oxygen that is not patient-operated, or other emergency medical services during transport;</subsection><subsection number="53-2d-405(8)">needs to be immobilized during transport to a hospital, an emergency patient receiving facility, or mental health facility due to a mental or physical condition, unless the individual is in the custody of a peace officer and the primary purpose of the restraint is to prevent escape;</subsection><subsection number="53-2d-405(9)">needs to be immobilized due to a fracture, possible fracture, or other medical condition; or</subsection><subsection number="53-2d-405(10)">otherwise requires or has the potential to require a level of medical care that the bureau establishes as requiring direct medical observation.</subsection></section><section number="53-2d-406"><histories><history>Amended by Chapter <modchap sess="2025GS">340</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Medical control.</catchline><subsection number="53-2d-406(1)">The bureau shall establish requirements for the coordination of emergency medical services rendered by emergency medical service providers, including the coordination between prehospital providers, hospitals, emergency patient receiving facilities, and other appropriate destinations.</subsection><subsection number="53-2d-406(2)">The bureau shall establish requirements for the medical supervision of emergency medical service providers to assure adequate physician oversight of emergency medical services and quality improvement.</subsection></section><section number="53-2d-407"><histories><history>Renumbered and Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Patient destination.</catchline><subsection number="53-2d-407(1)"> If an individual being transported by a ground or air ambulance is in a critical or unstable medical condition, the ground or air ambulance shall transport the patient to the trauma center or closest emergency patient receiving facility appropriate to adequately treat the patient.</subsection><subsection number="53-2d-407(2)"> If the patient's condition is not critical or unstable as determined by medical control, the ground or air ambulance may transport the patient to the: <subsection number="53-2d-407(2)(a)"> hospital, emergency patient receiving facility, licensed mental health facility, or other medical provider chosen by the patient and approved by medical control as appropriate for the patient's condition and needs; or</subsection><subsection number="53-2d-407(2)(b)"> nearest hospital, emergency patient receiving facility, licensed mental health facility, or other medical provider approved by medical control as appropriate for the patient's condition and needs if the patient expresses no preference.</subsection></subsection></section><section number="53-2d-408"><histories><history>Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session, (Coordination Clause)</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Exemptions.</catchline><subsection number="53-2d-408(1)"> The following persons may provide emergency medical services to a patient without being licensed under this chapter: <subsection number="53-2d-408(1)(a)"> out-of-state emergency medical service personnel and providers in time of disaster;</subsection><subsection number="53-2d-408(1)(b)"> an individual who gratuitously acts as a Good Samaritan;</subsection><subsection number="53-2d-408(1)(c)"> a family member;</subsection><subsection number="53-2d-408(1)(d)"> a private business if emergency medical services are provided only to employees at the place of business and during transport;</subsection><subsection number="53-2d-408(1)(e)"> an agency of the United States government if compliance with this chapter would be inconsistent with federal law; and</subsection><subsection number="53-2d-408(1)(f)"> police, fire, and other public service personnel if:<subsection number="53-2d-408(1)(f)(i)"> emergency medical services are rendered in the normal course of the person's duties; and</subsection><subsection number="53-2d-408(1)(f)(ii)"> medical control, after being apprised of the circumstances, directs immediate transport.</subsection></subsection></subsection><subsection number="53-2d-408(2)"> An ambulance or emergency response vehicle may operate without a permit issued under Section <xref depth="3" refnumber="53-2d-404" start="0">53-2d-404</xref> in time of disaster.</subsection><subsection number="53-2d-408(3)"> Nothing in this chapter or <xref depth="0" refnumber="58" start="0">Title 58, Occupations and Professions</xref>, may be construed as requiring a license for an individual to administer cardiopulmonary resuscitation or to use a fully automated external defibrillator under Section <xref depth="3" refnumber="53-2d-801" start="0">53-2d-801</xref>.</subsection><subsection number="53-2d-408(4)"> Nothing in this chapter may be construed as requiring a license, permit, or designation for an acute care hospital, medical clinic, physician's office, or other fixed medical facility that: <subsection number="53-2d-408(4)(a)"> is staffed by a physician, physician's assistant, nurse practitioner, or registered nurse; and</subsection><subsection number="53-2d-408(4)(b)"> treats an individual who has presented himself or was transported to the hospital, clinic, office, or facility.</subsection></subsection></section><section number="53-2d-409"><histories><history>Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session, (Coordination Clause)</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Out-of-state vehicles.</catchline><subsection number="53-2d-409(1)"> An ambulance or emergency response vehicle from another state may not pick up a patient in Utah to transport that patient to another location in Utah or to another state without a permit issued under Section <xref depth="3" refnumber="53-2d-404" start="0">53-2d-404</xref> and, in the case of an ambulance, a license issued under <xref depth="2" refnumber="53-2d-5" start="2">Part 5, Ambulance and Paramedic Providers</xref>.</subsection><subsection number="53-2d-409(2)"> Notwithstanding Subsection <xref depth="4" refnumber="53-2d-409(1)" start="0">(1)</xref>, an ambulance or emergency response vehicle from another state may, without a permit or license: <subsection number="53-2d-409(2)(a)"> transport a patient into Utah; and</subsection><subsection number="53-2d-409(2)(b)"> provide assistance in time of disaster.</subsection></subsection><subsection number="53-2d-409(3)"> The bureau may enter into agreements with ambulance and paramedic providers and their respective licensing agencies from other states to assure the expeditious delivery of emergency medical services beyond what may be reasonably provided by licensed ambulance and paramedic providers, including the transportation of patients between states.</subsection></section><section number="53-2d-410"><histories><history>Amended by Chapter <modchap sess="2025GS">447</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Background clearance for emergency medical service personnel.</catchline><subsection number="53-2d-410(1)">Subject to Section <xref depth="3" refnumber="53-2d-410.5">53-2d-410.5</xref>, the bureau shall determine whether to grant background clearance for an individual seeking licensure or certification under Section <xref depth="3" refnumber="53-2d-402">53-2d-402</xref> from whom the bureau receives:<subsection number="53-2d-410(1)(a)">the individual's social security number, fingerprints, and other personal identification information specified by the department under Subsection (4); and</subsection><subsection number="53-2d-410(1)(b)">any fees established by the department under Subsection (10).</subsection></subsection><subsection number="53-2d-410(2)">The bureau shall determine whether to deny or revoke background clearance for individuals for whom the department has previously granted background clearance.</subsection><subsection number="53-2d-410(3)">The bureau shall determine whether to grant, deny, or revoke background clearance for an individual based on an initial and ongoing evaluation of information the bureau obtains under Subsections (5) and (11), which, at a minimum, shall include an initial criminal background check of state, regional, and national databases using the individual's fingerprints.</subsection><subsection number="53-2d-410(4)">The bureau shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that specify:<subsection number="53-2d-410(4)(a)">the criteria the bureau will use under Subsection (3) to determine whether to grant, deny, or revoke background clearance; and</subsection><subsection number="53-2d-410(4)(b)">the other personal identification information an individual seeking licensure or certification under Section <xref depth="3" refnumber="53-2d-402">53-2d-402</xref> must submit under Subsection (1).</subsection></subsection><subsection number="53-2d-410(5)">To determine whether to grant, deny, or revoke background clearance, the bureau may access and evaluate any of the following:<subsection number="53-2d-410(5)(a)">Department of Public Safety arrest, conviction, and disposition records described in Chapter 10, Criminal Investigations and Technical Services Act, including information in state, regional, and national records files;</subsection><subsection number="53-2d-410(5)(b)">adjudications by a juvenile court of committing an act that if committed by an adult would be a felony or misdemeanor, if:<subsection number="53-2d-410(5)(b)(i)">the applicant is under 28 years old; or</subsection><subsection number="53-2d-410(5)(b)(ii)">the applicant:<subsection number="53-2d-410(5)(b)(ii)(A)">is over 28 years old; and</subsection><subsection number="53-2d-410(5)(b)(ii)(B)">has been convicted of, has pleaded no contest to, or is currently subject to a plea in abeyance or diversion agreement for a felony or misdemeanor;</subsection></subsection></subsection><subsection number="53-2d-410(5)(c)">juvenile court arrest, adjudication, and disposition records, other than those under Subsection (5)(b), as allowed under Section <xref depth="3" refnumber="78A-6-209">78A-6-209</xref>;</subsection><subsection number="53-2d-410(5)(d)">child abuse or neglect findings described in Section <xref depth="3" refnumber="80-3-404">80-3-404</xref> or <xref depth="3" refnumber="80-3-504">80-3-504</xref>;</subsection><subsection number="53-2d-410(5)(e)">the department's Licensing Information System described in Section <xref depth="3" refnumber="80-2-1002">80-2-1002</xref>;</subsection><subsection number="53-2d-410(5)(f)">the department's database of reports of vulnerable adult abuse, neglect, or exploitation, described in Section <xref depth="3" refnumber="26B-6-210">26B-6-210</xref>;</subsection><subsection number="53-2d-410(5)(g)">Division of Professional Licensing records of licensing and certification under Title 58, Occupations and Professions;</subsection><subsection number="53-2d-410(5)(h)">records in other federal criminal background databases available to the state; and</subsection><subsection number="53-2d-410(5)(i)">any other records of arrests, warrants for arrest, convictions, pleas in abeyance, pending diversion agreements, or dispositions.</subsection></subsection><subsection number="53-2d-410(6)">Except for the Department of Public Safety, an agency may not charge the bureau for information accessed under Subsection (5).</subsection><subsection number="53-2d-410(7)">When evaluating information under Subsection (3), the bureau shall classify a crime committed in another state according to the closest matching crime under Utah law, regardless of how the crime is classified in the state where the crime was committed.</subsection><subsection number="53-2d-410(8)">The bureau shall adopt measures to protect the security of information the department accesses under Subsection (5), which shall include limiting access by department employees to those responsible for acquiring, evaluating, or otherwise processing the information.</subsection><subsection number="53-2d-410(9)">The bureau may disclose personal identification information the bureau receives under Subsection (1) to the department to verify that the subject of the information is not identified as a perpetrator or offender in the information sources described in Subsections (5)(d) through (f).</subsection><subsection number="53-2d-410(10)">The bureau may charge fees, in accordance with Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref>, to pay for:<subsection number="53-2d-410(10)(a)">the cost of obtaining, storing, and evaluating information needed under Subsection (3), both initially and on an ongoing basis, to determine whether to grant, deny, or revoke background clearance; and</subsection><subsection number="53-2d-410(10)(b)">other bureau costs related to granting, denying, or revoking background clearance.</subsection></subsection><subsection number="53-2d-410(11)">The Criminal Investigations and Technical Services Division within the Department of Public Safety shall:<subsection number="53-2d-410(11)(a)">retain, separate from other division records, personal information under Subsection (1), including any fingerprints sent to it by the department; and</subsection><subsection number="53-2d-410(11)(b)">notify the bureau upon receiving notice that an individual for whom personal information has been retained is the subject of:<subsection number="53-2d-410(11)(b)(i)">a warrant for arrest;</subsection><subsection number="53-2d-410(11)(b)(ii)">an arrest;</subsection><subsection number="53-2d-410(11)(b)(iii)">a conviction, including a plea in abeyance; or</subsection><subsection number="53-2d-410(11)(b)(iv)">a pending diversion agreement.</subsection></subsection></subsection><subsection number="53-2d-410(12)">Clearance granted for an individual licensed or certified under Section <xref depth="3" refnumber="53-2d-402">53-2d-402</xref> is valid until two years after the day on which the individual is no longer licensed or certified in Utah as emergency medical service personnel.</subsection></section><section number="53-2d-410.5"><histories><history>Renumbered and Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Background check requirements for emergency medical dispatchers.</catchline><tab/>An emergency medical dispatcher seeking certification under Section <xref depth="3" refnumber="53-2d-402" start="0">53-2d-402</xref> shall undergo the background clearance process described in Section <xref depth="3" refnumber="53-2d-410" start="0">53-2d-410</xref> unless the emergency medical dispatcher can demonstrate that the emergency medical dispatcher has received and currently holds an approved Department of Public Safety background clearance.</section></part><part number="53-2d-5"><catchline>Ambulance and Paramedic Providers</catchline><section number="53-2d-501"><histories><history>Renumbered and Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>State regulation of emergency medical services market -- License term.</catchline><subsection number="53-2d-501(1)"> To ensure emergency medical service quality and minimize unnecessary duplication, the bureau shall regulate the emergency medical services market by creating and operating a statewide system that: <subsection number="53-2d-501(1)(a)"> consists of exclusive geographic service areas as provided in Section <xref depth="3" refnumber="53-2d-502" start="0">53-2d-502</xref>; and</subsection><subsection number="53-2d-501(1)(b)"> establishes maximum rates as provided in Section <xref depth="3" refnumber="53-2d-503" start="0">53-2d-503</xref>.</subsection></subsection><subsection number="53-2d-501(2)"> A license issued or renewed under this part is valid for four years.</subsection></section><section number="53-2d-502"><histories><history>Amended by Chapter <modchap sess="2025GS">340</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Exclusive geographic service areas.</catchline><subsection number="53-2d-502(1)"><subsection number="53-2d-502(1)(a)">Each ground ambulance provider license issued under this part shall be for an exclusive geographic service area as described in the license.</subsection><subsection number="53-2d-502(1)(b)">Only the licensed ground ambulance provider may respond to an ambulance request that originates within the provider's exclusive geographic service area, except as provided in Subsection <xref depth="4" refnumber="53-2d-502(5)" start="0">(5)</xref> and Section <xref depth="3" refnumber="53-2d-516" start="0">53-2d-516</xref>.</subsection></subsection><subsection number="53-2d-502(2)"><subsection number="53-2d-502(2)(a)">Each paramedic provider license issued under this part shall be for an exclusive geographic service area as described in the license.</subsection><subsection number="53-2d-502(2)(b)">Only the licensed paramedic provider may respond to a paramedic request that originates within the exclusive geographic service area, except as provided in Subsection <xref depth="4" refnumber="53-2d-502(6)" start="0">(6)</xref> and Section <xref depth="3" refnumber="53-2d-516" start="0">53-2d-516</xref>.</subsection></subsection><subsection number="53-2d-502(3)">Nothing in this section may be construed as either requiring or prohibiting that the formation of boundaries in a given location be the same for a licensed paramedic provider and a licensed ambulance provider.</subsection><subsection number="53-2d-502(4)"><subsection number="53-2d-502(4)(a)">A licensed ground ambulance or paramedic provider may, as necessary, enter into a mutual aid agreement to allow another licensed provider to give assistance in times of unusual demand.</subsection><subsection number="53-2d-502(4)(b)">A mutual aid agreement shall include a formal written plan detailing the type of assistance and the circumstances under which it would be given.</subsection><subsection number="53-2d-502(4)(c)">The parties to a mutual aid agreement shall submit a copy of the agreement to the bureau.</subsection><subsection number="53-2d-502(4)(d)">Notwithstanding this Subsection <xref depth="4" refnumber="53-2d-502(4)" start="0">(4)</xref>, a licensed provider may not subcontract with another entity to provide services in the licensed provider's exclusive geographic service area.</subsection></subsection><subsection number="53-2d-502(5)">Notwithstanding Subsection <xref depth="4" refnumber="53-2d-502(1)" start="0">(1)</xref>, a licensed ground ambulance provider may respond to an ambulance request that originates from the exclusive geographic area of another provider:<subsection number="53-2d-502(5)(a)">pursuant to a mutual aid agreement;</subsection><subsection number="53-2d-502(5)(b)">to render assistance on a case-by-case basis to that provider; and</subsection><subsection number="53-2d-502(5)(c)">as necessary to meet needs in time of disaster or other major emergency.</subsection></subsection><subsection number="53-2d-502(6)">Notwithstanding Subsection <xref depth="4" refnumber="53-2d-502(2)" start="0">(2)</xref>, a licensed paramedic provider may respond to a paramedic request that originates from the exclusive geographic area of another provider:<subsection number="53-2d-502(6)(a)">pursuant to a mutual aid agreement;</subsection><subsection number="53-2d-502(6)(b)">to render assistance on a case-by-case basis to that provider; and</subsection><subsection number="53-2d-502(6)(c)">as necessary to meet needs in time of disaster or other major emergency.</subsection></subsection><subsection number="53-2d-502(7)">The bureau may, upon the renewal of a license, align the boundaries of an exclusive geographic area with the boundaries of a political subdivision:<subsection number="53-2d-502(7)(a)">if the alignment is practical and in the public interest;</subsection><subsection number="53-2d-502(7)(b)">if each licensed provider that would be affected by the alignment agrees to the alignment; and</subsection><subsection number="53-2d-502(7)(c)">taking into consideration the requirements of:<subsection number="53-2d-502(7)(c)(i)">Section <xref depth="3" refnumber="11-48-103" start="0">11-48-103</xref>; and</subsection><subsection number="53-2d-502(7)(c)(ii)">Section <xref depth="3" refnumber="53-2d-508" start="0">53-2d-508</xref>.</subsection></subsection></subsection></section><section number="53-2d-503"><histories><history>Amended by Chapter <modchap sess="2026GS">468</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Establishment of maximum rates.</catchline><subsection number="53-2d-503(1)">As used in this section:<subsection number="53-2d-503(1)(a)"><subsection number="53-2d-503(1)(a)(i)">"Balance bill" means the practice of a health care provider billing an individual for the difference between the individual's billed charges and the amount the individual's health benefit plan allows for a covered service.</subsection><subsection number="53-2d-503(1)(a)(ii)">"Balance bill" does not include:<subsection number="53-2d-503(1)(a)(ii)(A)">billing an uninsured individual for services provided;</subsection><subsection number="53-2d-503(1)(a)(ii)(B)">if an individual's health benefit plan or other health insurance does not allow the total of the base rate and the mileage rate as an allowable expense, billing the individual for the total of the following:<subsection number="53-2d-503(1)(a)(ii)(B)(I)">the base rate plus the mileage rate; and</subsection><subsection number="53-2d-503(1)(a)(ii)(B)(II)">subtracting the amount actually paid by the health benefit plan or other third party; and </subsection></subsection><subsection number="53-2d-503(1)(a)(ii)(C)">billing an individual for a service that was denied by the health benefit plan because the service was an uncovered service under the health benefit plan.</subsection></subsection></subsection><subsection number="53-2d-503(1)(b)"><subsection number="53-2d-503(1)(b)(i)">"Base rate" means the rate described in Subsection <xref depth="4" refnumber="53-2d-503(5)(a)">(5)(a)</xref> that a ground ambulance provider charges for:<subsection number="53-2d-503(1)(b)(i)(A)">transporting an individual to a hospital or patient receiving facility;</subsection><subsection number="53-2d-503(1)(b)(i)(B)">supplies used when transporting the individual;</subsection><subsection number="53-2d-503(1)(b)(i)(C)">providing procedures during transport;</subsection><subsection number="53-2d-503(1)(b)(i)(D)">administering medications during transport; and</subsection><subsection number="53-2d-503(1)(b)(i)(E)">the cost of medication.</subsection></subsection><subsection number="53-2d-503(1)(b)(ii)">"Base rate" includes an adjusted rate published by the bureau in rule in accordance with Subsection <xref depth="4" refnumber="53-2d-503(2)(b)">(2)(b)</xref>.</subsection><subsection number="53-2d-503(1)(b)(iii)">"Base rate" does not include charges for mileage.</subsection></subsection><subsection number="53-2d-503(1)(c)">"Medical care consumer price index" means the unadjusted 12-month medical services rate published each December by the United States Bureau of Labor Statistics to measure inflation.</subsection></subsection><subsection number="53-2d-503(2)"><subsection number="53-2d-503(2)(a)">The bureau shall establish a maximum mileage rate for ground ambulance providers and paramedic providers that is just and reasonable.</subsection><subsection number="53-2d-503(2)(b)">Beginning July 1, 2027, and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, on or before July 1 of each year, the bureau shall publish an adjusted base rate for each transport type described in Subsection <xref depth="4" refnumber="53-2d-503(5)(a)">(5)(a)</xref> in rule.</subsection><subsection number="53-2d-503(2)(c)">The bureau shall adjust the base rate published under Subsection <xref depth="4" refnumber="53-2d-503(2)(b)">(2)(b)</xref> to be the total of the currently operative base rate multiplied by the medical care consumer price index.</subsection><subsection number="53-2d-503(2)(d)">The bureau may not adjust the base rate more than once each calendar year.</subsection></subsection><subsection number="53-2d-503(3)">The committee may make recommendations to the bureau on the maximum mileage rate set under Subsection <xref depth="4" refnumber="53-2d-503(2)">(2)</xref>.</subsection><subsection number="53-2d-503(4)"><subsection number="53-2d-503(4)(a)">Ground ambulance providers and paramedic providers may not charge fees for transporting a patient when the provider does not transport the patient.</subsection><subsection number="53-2d-503(4)(b)">The provisions of Subsection <xref depth="4" refnumber="53-2d-503(4)(a)">(4)(a)</xref> do not apply to ambulance providers or paramedic providers in a geographic service area which contains a town as defined in Subsection <xref depth="4" refnumber="10-2-301(2)(f)">10-2-301(2)(f)</xref>.</subsection></subsection><subsection number="53-2d-503(5)"><subsection number="53-2d-503(5)(a)">Subject to adjustments published in rule under Subsection <xref depth="4" refnumber="53-2d-503(2)(b)">(2)(b)</xref>, the base rate is as follows:<subsection number="53-2d-503(5)(a)(i)">for emergency medical technician ground ambulance transport, $1,257.15;</subsection><subsection number="53-2d-503(5)(a)(ii)">for advanced emergency medical technician ground ambulance transport, $1,659.66;</subsection><subsection number="53-2d-503(5)(a)(iii)">for paramedic ground ambulance transport, $2,426.64; and</subsection><subsection number="53-2d-503(5)(a)(iv)">subject to Subsection <xref refnumber="53-2d-503(5)(b)" depth="4">(5)(b)</xref>, for a transport described in Subsection <xref tempid="181" depth="4" refnumber="53-2d-503(5)(a)(i)">(5)(a)(i)</xref> or (ii) that has a paramedic on board, $2,426.64.</subsection></subsection><subsection number="53-2d-503(5)(b)">A ground ambulance provider may charge the rate described in Subsection <xref depth="4" refnumber="53-2d-503(5)(a)(iv)">(5)(a)(iv)</xref> if:<subsection number="53-2d-503(5)(b)(i)">a designated emergency medical service dispatch center dispatches a licensed paramedic provider to treat the individual;</subsection><subsection number="53-2d-503(5)(b)(ii)">the licensed paramedic provider has initiated advanced life support;</subsection><subsection number="53-2d-503(5)(b)(iii)">online medical control directs that a paramedic remain with the patient during transport; and</subsection><subsection number="53-2d-503(5)(b)(iv)">the licensed ground ambulance provider has a reimbursement for paramedic services agreement with a paramedic licensed provider for the service provided.</subsection></subsection></subsection><subsection number="53-2d-503(6)"><subsection number="53-2d-503(6)(a)">For the mileage rate established in rule under this section, a ground ambulance provider or paramedic provider may not charge an amount greater than the amount authorized in the rule setting the mileage rate.</subsection><subsection number="53-2d-503(6)(b)">For the base rate, a ground ambulance provider or paramedic provider may not charge an amount greater than the base rate for services covered under the base rate.</subsection></subsection><subsection number="53-2d-503(7)">A ground ambulance provider or paramedic provider may not balance bill.</subsection></section><section number="53-2d-504"><histories><history>Renumbered and Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Ground ambulance and paramedic licenses -- Application and department review.</catchline><subsection number="53-2d-504(1)"> Except as provided in Section <xref depth="3" refnumber="53-2d-513" start="0">53-2d-513</xref>, an applicant for a ground ambulance or paramedic license shall apply to the bureau for a license only by: <subsection number="53-2d-504(1)(a)"> submitting a completed application;</subsection><subsection number="53-2d-504(1)(b)"> providing information in the format required by the department; and</subsection><subsection number="53-2d-504(1)(c)"> paying the required fees, including the cost of the hearing officer.</subsection></subsection><subsection number="53-2d-504(2)"> The bureau shall make rules establishing minimum qualifications and requirements for: <subsection number="53-2d-504(2)(a)"> personnel;</subsection><subsection number="53-2d-504(2)(b)"> capital reserves;</subsection><subsection number="53-2d-504(2)(c)"> equipment;</subsection><subsection number="53-2d-504(2)(d)"> a business plan;</subsection><subsection number="53-2d-504(2)(e)"> operational procedures;</subsection><subsection number="53-2d-504(2)(f)"> medical direction agreements;</subsection><subsection number="53-2d-504(2)(g)"> management and control; and</subsection><subsection number="53-2d-504(2)(h)"> other matters that may be relevant to an applicant's ability to provide ground ambulance or paramedic service.</subsection></subsection><subsection number="53-2d-504(3)"> An application for a license to provide ground ambulance service or paramedic service shall be for all ground ambulance services or paramedic services arising within the geographic service area, except that an applicant may apply for a license for less than all ground ambulance services or all paramedic services arising within an exclusive geographic area if it can demonstrate how the remainder of that area will be served.</subsection><subsection number="53-2d-504(4)"><subsection number="53-2d-504(4)(a)"> A ground ambulance service licensee may apply to the bureau for a license to provide a higher level of service as defined by bureau rule if the application includes:<subsection number="53-2d-504(4)(a)(i)"> a copy of the new treatment protocols for the higher level of service approved by the off-line medical director;</subsection><subsection number="53-2d-504(4)(a)(ii)"> an assessment of field performance by the applicant's off-line director; and</subsection><subsection number="53-2d-504(4)(a)(iii)"> an updated plan of operation demonstrating the ability of the applicant to provide the higher level of service.</subsection></subsection><subsection number="53-2d-504(4)(b)"> If the bureau determines that the applicant has demonstrated the ability to provide the higher level of service in accordance with Subsection <xref depth="4" refnumber="53-2d-504(4)(a)" start="0">(4)(a)</xref>, the bureau shall issue a revised license reflecting the higher level of service and the requirements of Section <xref depth="3" refnumber="26B-4-162" start="0">26B-4-162</xref> do not apply.</subsection><subsection number="53-2d-504(4)(c)"> A revised license issued under Subsection <xref depth="4" refnumber="53-2d-504(4)(b)" start="0">(4)(b)</xref>:<subsection number="53-2d-504(4)(c)(i)"> may only affect the level of service that the licensee may provide; and</subsection><subsection number="53-2d-504(4)(c)(ii)"> may not affect any other terms, conditions, or limitations of the original license.</subsection></subsection></subsection><subsection number="53-2d-504(5)"> Upon receiving a completed application and the required fees, the bureau shall review the application and determine whether the application meets the minimum qualifications and requirements for licensure.</subsection><subsection number="53-2d-504(6)"> The bureau may deny an application if it finds that it contains any materially false or misleading information, is incomplete, or if the application demonstrates that the applicant fails to meet the minimum qualifications and requirements for licensure under Subsection <xref depth="4" refnumber="53-2d-504(2)" start="0">(2)</xref>.</subsection><subsection number="53-2d-504(7)"> If the department denies an application, it shall notify the applicant in writing setting forth the grounds for the denial. A denial may be appealed under <xref depth="1" refnumber="63G-4" start="0">Title 63G, Chapter 4, Administrative Procedures Act</xref>.</subsection></section><section number="53-2d-505"><histories><history>Amended by Chapter <modchap sess="2025GS">341</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Ground ambulance and paramedic licenses.</catchline>If the bureau determines that the application meets the minimum requirements for licensure under Section <xref depth="3" refnumber="53-2d-504" start="0">53-2d-504</xref>, the bureau shall issue a notice of the approved application to the applicant.</section><section number="53-2d-510"><histories><history>Renumbered and Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Local approvals.</catchline><subsection number="53-2d-510(1)"> Licensed ambulance providers and paramedic providers shall meet all local zoning and business licensing standards generally applicable to businesses operating within the jurisdiction.</subsection><subsection number="53-2d-510(2)"> Publicly subsidized providers shall demonstrate approval of the taxing authority that will provide the subsidy.</subsection><subsection number="53-2d-510(3)"> A publicly operated service shall demonstrate that the governing body has approved the provision of services to the entire exclusive geographic service area that is the subject of the license, including those areas that may lie outside the territorial or jurisdictional boundaries of the governing body.</subsection></section><section number="53-2d-511"><histories><history>Renumbered and Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Limitation on repetitive applications.</catchline><tab/>A person who has previously applied for a license under Sections <xref depth="3" refnumber="53-2d-506" start="0">53-2d-506</xref> through <xref depth="3" refnumber="53-2d-509" start="0">53-2d-509</xref> may not apply for a license for the same service that covers any exclusive geographic service area that was the subject of the prior application unless:<subsection number="53-2d-511(1)"> one year has passed from the date of the issuance of a final decision under Section <xref depth="3" refnumber="53-2d-507" start="0">53-2d-507</xref>; or</subsection><subsection number="53-2d-511(2)"> all interested parties and the department agree that a new application is in the public interest.</subsection></section><section number="53-2d-512"><histories><history>Renumbered and Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>License for air ambulance providers.</catchline><subsection number="53-2d-512(1)"> An applicant for an air ambulance provider shall apply to the bureau for a license only by: <subsection number="53-2d-512(1)(a)"> submitting a complete application;</subsection><subsection number="53-2d-512(1)(b)"> providing information in the format required by the bureau; and</subsection><subsection number="53-2d-512(1)(c)"> paying the required fees.</subsection></subsection><subsection number="53-2d-512(2)"> The bureau may make rules establishing minimum qualifications and requirements for: <subsection number="53-2d-512(2)(a)"> personnel;</subsection><subsection number="53-2d-512(2)(b)"> capital reserves;</subsection><subsection number="53-2d-512(2)(c)"> equipment;</subsection><subsection number="53-2d-512(2)(d)"> business plan;</subsection><subsection number="53-2d-512(2)(e)"> operational procedures;</subsection><subsection number="53-2d-512(2)(f)"> resource hospital and medical direction agreements;</subsection><subsection number="53-2d-512(2)(g)"> management and control qualifications and requirements; and</subsection><subsection number="53-2d-512(2)(h)"> other matters that may be relevant to an applicant's ability to provide air ambulance services.</subsection></subsection><subsection number="53-2d-512(3)"> Upon receiving a completed application and the required fees, the bureau shall review the application and determine whether the application meets the minimum requirements for licensure.</subsection><subsection number="53-2d-512(4)"> The bureau may deny an application for an air ambulance if: <subsection number="53-2d-512(4)(a)"> the bureau finds that the application contains any materially false or misleading information or is incomplete;</subsection><subsection number="53-2d-512(4)(b)"> the application demonstrates that the applicant fails to meet the minimum requirements for licensure; or</subsection><subsection number="53-2d-512(4)(c)"> the bureau finds after inspection that the applicant does not meet the minimum requirements for licensure.</subsection></subsection><subsection number="53-2d-512(5)"> If the bureau denies an application under this section, it shall notify the applicant in writing setting forth the grounds for the denial.</subsection></section><section number="53-2d-513"><histories><history>Renumbered and Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>License renewals.</catchline><subsection number="53-2d-513(1)"> A licensed provider desiring to renew its license shall meet the renewal requirements established by bureau rule.</subsection><subsection number="53-2d-513(2)"> The bureau shall issue a renewal license for a ground ambulance provider or a paramedic provider upon the licensee's application for a renewal and without a public hearing if: <subsection number="53-2d-513(2)(a)"> the applicant was licensed under the provisions of Sections <xref depth="3" refnumber="53-2d-506" start="0">53-2d-506</xref> through <xref depth="3" refnumber="53-2d-509" start="0">53-2d-509</xref>; and</subsection><subsection number="53-2d-513(2)(b)"> there has been:<subsection number="53-2d-513(2)(b)(i)"> no change in controlling interest in the ownership of the licensee as defined in Section <xref depth="3" refnumber="53-2d-515" start="0">53-2d-515</xref>;</subsection><subsection number="53-2d-513(2)(b)(ii)"> no serious, substantiated public complaints filed with the department against the licensee during the term of the previous license;</subsection><subsection number="53-2d-513(2)(b)(iii)"> no material or substantial change in the basis upon which the license was originally granted;</subsection><subsection number="53-2d-513(2)(b)(iv)"> no reasoned objection from the committee or the department; and</subsection><subsection number="53-2d-513(2)(b)(v)"> no change to the license type.</subsection></subsection></subsection><subsection number="53-2d-513(3)"><subsection number="53-2d-513(3)(a)"><subsection number="53-2d-513(3)(a)(i)"> The provisions of this Subsection <xref depth="4" refnumber="53-2d-513(3)" start="0">(3)</xref> apply to a provider licensed under the provisions of Sections <xref depth="3" refnumber="53-2d-505.1" start="0">53-2d-505.1</xref> and <xref depth="3" refnumber="53-2d-505.2" start="0">53-2d-505.2</xref>.</subsection><subsection number="53-2d-513(3)(a)(ii)"> A provider may renew its license if the provisions of Subsections <xref depth="4" refnumber="53-2d-513(1)" start="0">(1)</xref> and <xref depth="4" refnumber="53-2d-513(2)" start="0">(2)</xref> and this Subsection <xref depth="4" refnumber="53-2d-513(3)" start="0">(3)</xref> are met.</subsection></subsection><subsection number="53-2d-513(3)(b)"><subsection number="53-2d-513(3)(b)(i)"> The bureau shall issue a renewal license to a provider upon the provider's application for renewal for one additional four-year term if the political subdivision certifies to the bureau that the provider has met all of the specifications of the original bid.</subsection><subsection number="53-2d-513(3)(b)(ii)"> If the political subdivision does not certify to the bureau that the provider has met all of the specifications of the original bid, the bureau may not issue a renewal license and the political subdivision shall enter into a public bid process under Sections <xref depth="3" refnumber="53-2d-505.1" start="0">53-2d-505.1</xref> and <xref depth="3" refnumber="53-2d-505.2" start="0">53-2d-505.2</xref>.</subsection></subsection><subsection number="53-2d-513(3)(c)"><subsection number="53-2d-513(3)(c)(i)"> The bureau shall issue an additional renewal license to a provider who has already been issued a one-time renewal license under the provisions of Subsection <xref depth="4" refnumber="53-2d-513(3)(b)(i)" start="0">(3)(b)(i)</xref> if the bureau and the political subdivision do not receive, prior to the expiration of the provider's license, written notice from an approved applicant informing the political subdivision of the approved applicant's desire to submit a bid for ambulance or paramedic service.</subsection><subsection number="53-2d-513(3)(c)(ii)"> If the bureau and the political subdivision receive the notice in accordance with Subsection <xref depth="4" refnumber="53-2d-513(3)(c)(i)" start="0">(3)(c)(i)</xref>, the bureau may not issue a renewal license and the political subdivision shall enter into a public bid process under Sections <xref depth="3" refnumber="53-2d-505.1" start="0">53-2d-505.1</xref> and <xref depth="3" refnumber="53-2d-505.2" start="0">53-2d-505.2</xref>.</subsection></subsection></subsection><subsection number="53-2d-513(4)"> The bureau shall issue a renewal license for an air ambulance provider upon the licensee's application for renewal and completion of the renewal requirements established by bureau rule.</subsection></section><section number="53-2d-514"><histories><history>Amended by Chapter <modchap sess="2025GS">399</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Annexations.</catchline><subsection number="53-2d-514(1)">A municipality shall comply with the provisions of this section if the municipality is licensed under this chapter and desires to provide service to an area that is:<subsection number="53-2d-514(1)(a)">included in a petition for annexation under Title 10, Chapter 2, Part 8, Annexation; and</subsection><subsection number="53-2d-514(1)(b)">currently serviced by another provider licensed under this chapter.</subsection></subsection><subsection number="53-2d-514(2)"><subsection number="53-2d-514(2)(a)"><subsection number="53-2d-514(2)(a)(i)">At least 45 days prior to approving a petition for annexation, the municipality shall certify to the bureau that by the time of the approval of the annexation the municipality can meet or exceed the current level of service provided by the existing licensee for the annexed area by meeting the requirements of Subsections <xref depth="4" refnumber="53-2d-514(2)(b)(ii)(A)" start="0">(2)(b)(ii)(A)</xref> through <xref depth="4" refnumber="53-2d-514(2)(b)(ii)(D)" start="0">(D)</xref>; and</subsection><subsection number="53-2d-514(2)(a)(ii)">no later than three business days after the municipality files a petition for annexation in accordance with Section <xref depth="3" refnumber="10-2-806">10-2-806</xref>, provide written notice of the petition for annexation to:<subsection number="53-2d-514(2)(a)(ii)(A)">the existing licensee providing service to the area included in the petition of annexation; and</subsection><subsection number="53-2d-514(2)(a)(ii)(B)">the bureau.</subsection></subsection></subsection><subsection number="53-2d-514(2)(b)"><subsection number="53-2d-514(2)(b)(i)">After receiving a certification under Subsection <xref depth="4" refnumber="53-2d-514(2)(a)" start="0">(2)(a)</xref>, but prior to the municipality approving a petition for annexation, the bureau may audit the municipality only to verify the requirements of Subsections <xref depth="4" refnumber="53-2d-514(2)(b)(ii)(A)" start="0">(2)(b)(ii)(A)</xref> through <xref depth="4" refnumber="53-2d-514(2)(b)(ii)(D)" start="0">(D)</xref>.</subsection><subsection number="53-2d-514(2)(b)(ii)">If the bureau elects to conduct an audit, the bureau shall make a finding that the municipality can meet or exceed the current level of service provided by the existing licensee for the annexed area if the bureau finds that the municipality has or will have by the time of the approval of the annexation:<subsection number="53-2d-514(2)(b)(ii)(A)">adequate trained personnel to deliver basic and advanced life support services;</subsection><subsection number="53-2d-514(2)(b)(ii)(B)">adequate apparatus and equipment to deliver emergency medical services;</subsection><subsection number="53-2d-514(2)(b)(ii)(C)">adequate funding for personnel and equipment; and</subsection><subsection number="53-2d-514(2)(b)(ii)(D)">appropriate medical controls, such as a medical director and base hospital.</subsection></subsection><subsection number="53-2d-514(2)(b)(iii)">The bureau shall submit the results of the audit in writing to the municipal legislative body.</subsection></subsection></subsection><subsection number="53-2d-514(3)"><subsection number="53-2d-514(3)(a)">If the bureau audit finds that the municipality meets the requirements of Subsection <xref depth="4" refnumber="53-2d-514(2)(b)(ii)" start="0">(2)(b)(ii)</xref>, the bureau shall issue an amended license to the municipality and all other affected licensees to reflect the municipality's new boundaries after the bureau receives notice of the approval of the petition for annexation from the municipality in accordance with Section <xref depth="3" refnumber="10-2-813">10-2-813</xref>.</subsection><subsection number="53-2d-514(3)(b)"><subsection number="53-2d-514(3)(b)(i)">Notwithstanding the provisions of Subsection <xref depth="4" refnumber="63G-4-102(2)(k)" start="0">63G-4-102(2)(k)</xref>, if the bureau audit finds that the municipality fails to meet the requirements of Subsection <xref depth="4" refnumber="53-2d-514(2)(b)(ii)" start="0">(2)(b)(ii)</xref>, the municipality may request an adjudicative proceeding under the provisions of <xref depth="1" refnumber="63G-4" start="0">Title 63G, Chapter 4, Administrative Procedures Act</xref>. The municipality may approve the petition for annexation while an adjudicative proceeding requested under this Subsection <xref depth="4" refnumber="53-2d-514(3)(b)(i)" start="0">(3)(b)(i)</xref> is pending.</subsection><subsection number="53-2d-514(3)(b)(ii)">The bureau shall conduct an adjudicative proceeding when requested under Subsection <xref depth="4" refnumber="53-2d-514(3)(b)(i)" start="0">(3)(b)(i)</xref>.</subsection><subsection number="53-2d-514(3)(b)(iii)">Notwithstanding the provisions of Sections <xref depth="3" refnumber="53-2d-504" start="0">53-2d-504</xref> through <xref depth="3" refnumber="53-2d-509" start="0">53-2d-509</xref>, in any adjudicative proceeding held under the provisions of Subsection <xref depth="4" refnumber="53-2d-514(3)(b)(i)" start="0">(3)(b)(i)</xref>, the bureau bears the burden of establishing that the municipality cannot, by the time of the approval of the annexation, meet the requirements of Subsection <xref depth="4" refnumber="53-2d-514(2)(b)(ii)" start="0">(2)(b)(ii)</xref>.</subsection></subsection><subsection number="53-2d-514(3)(c)">If, at the time of the approval of the annexation, an adjudicative proceeding is pending under the provisions of Subsection <xref depth="4" refnumber="53-2d-514(3)(b)(i)" start="0">(3)(b)(i)</xref>, the bureau shall issue amended licenses if the municipality prevails in the adjudicative proceeding.</subsection></subsection></section><section number="53-2d-515"><histories><history>Renumbered and Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Changes in ownership.</catchline><subsection number="53-2d-515(1)"> A licensed provider whose ownership or controlling ownership interest has changed shall submit information to the bureau, as required by bureau rule: <subsection number="53-2d-515(1)(a)"> to establish whether the new owner or new controlling party meets minimum requirements for licensure; and</subsection><subsection number="53-2d-515(1)(b)"> except as provided in Subsection <xref depth="4" refnumber="53-2d-515(2)" start="0">(2)</xref>, to commence an administrative proceeding to determine whether the new owner meets the requirement of public convenience and necessity under Section <xref depth="3" refnumber="53-2d-508" start="0">53-2d-508</xref>.</subsection></subsection><subsection number="53-2d-515(2)"> An administrative proceeding is not required under Subsection <xref depth="4" refnumber="53-2d-515(1)(b)" start="0">(1)(b)</xref> if: <subsection number="53-2d-515(2)(a)"> the change in ownership interest is among existing owners of a closely held corporation and the change does not result in a change in the management of the licensee or in the name of the licensee;</subsection><subsection number="53-2d-515(2)(b)"> the change in ownership in a closely held corporation results in the introduction of new owners, provided that:<subsection number="53-2d-515(2)(b)(i)"> the new owners are limited to individuals who would be entitled to the equity in the closely held corporation by the laws of intestate succession had the transferor died intestate at the time of the transfer;</subsection><subsection number="53-2d-515(2)(b)(ii)"> the majority owners on January 1, 1999, have been disclosed to the department by October 1, 1999, and the majority owners on January 1, 1999, retain a majority interest in the closely held corporation; and</subsection><subsection number="53-2d-515(2)(b)(iii)"> the name of the licensed provider remains the same;</subsection></subsection><subsection number="53-2d-515(2)(c)"> the change in ownership is the result of one or more owners transferring their interests to a trust, limited liability company, partnership, or closely held corporation so long as the transferors retain control over the receiving entity;</subsection><subsection number="53-2d-515(2)(d)"> the change in ownership is the result of a distribution of an estate or a trust upon the death of the testator or the trustor and the recipients are limited to individuals who would be entitled to the interest by the laws of intestate succession had the transferor died intestate at the time of the transfer; or</subsection><subsection number="53-2d-515(2)(e)"> other similar changes that the department establishes, by rule, as having no significant impact on the cost, quality, or access to emergency medical services.</subsection></subsection></section><section number="53-2d-516"><histories><history>Renumbered and Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Overlapping licenses.</catchline><subsection number="53-2d-516(1)"> As used in this section: <subsection number="53-2d-516(1)(a)"> "Overlap" means two ground ambulance interfacility transport providers that are licensed at the same level of service in all or part of a single geographic service area.</subsection><subsection number="53-2d-516(1)(b)"> "Overlay" means two ground ambulance interfacility transport providers that are licensed at a different level of service in all or part of a single geographic service area.</subsection></subsection><subsection number="53-2d-516(2)"> Notwithstanding the exclusive geographic service requirement of Section <xref depth="3" refnumber="53-2d-502" start="0">53-2d-502</xref>, the bureau shall recognize overlap and overlay ground ambulance interfacility transport licenses that existed on or before May 4, 2022.</subsection><subsection number="53-2d-516(3)"> The bureau may, without an adjudicative proceeding but with at least 30 days notice to providers in the same geographic service area, amend an existing overlay ground ambulance interfacility transport license solely to convert an overlay into an overlap if the existing ground ambulance interfacility transport licensed provider meets the requirements described in Subsection <xref depth="4" refnumber="53-2d-504(4)" start="0">53-2d-504(4)</xref>.</subsection><subsection number="53-2d-516(4)"> An amendment of a license under this section may not alter: <subsection number="53-2d-516(4)(a)"> other terms of the original license, including the applicable geographic service area; or</subsection><subsection number="53-2d-516(4)(b)"> the license of other providers that provide interfacility transport services in the geographic service area.</subsection></subsection><subsection number="53-2d-516(5)"> Notwithstanding Subsection <xref depth="4" refnumber="53-2d-516(2)" start="0">(2)</xref>, any license for an overlap area terminates upon: <subsection number="53-2d-516(5)(a)"> relinquishment by the provider; or</subsection><subsection number="53-2d-516(5)(b)"> revocation by the department.</subsection></subsection></section><section number="53-2d-517"><histories><history>Enacted by Chapter <modchap sess="2025GS">452</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Air ambulance requirements.</catchline><subsection number="53-2d-517(1)">A licensed air ambulance provider shall provide to all emergency medical dispatch centers the real-time location and availability of the air ambulance using statewide software that updates from a location transponder or computer-aided dispatch interface.</subsection><subsection number="53-2d-517(2)">An emergency medical dispatch center shall dispatch an air ambulance that the emergency medical dispatch center determines:<subsection number="53-2d-517(2)(a)">is nearest to the location requiring emergency medical services;</subsection><subsection number="53-2d-517(2)(b)">is readily available; and</subsection><subsection number="53-2d-517(2)(c)">is the most appropriate air ambulance provider for the particular emergency circumstance based on the needs of the patient and the capabilities of the air ambulance provider.</subsection></subsection><subsection number="53-2d-517(3)">An air ambulance that is currently transporting a patient may not:<subsection number="53-2d-517(3)(a)">be dispatched for a different emergency medical situation; or</subsection><subsection number="53-2d-517(3)(b)">deviate from the current emergency service and patient to respond to a different emergency medical dispatch communication.</subsection></subsection></section></part><part number="53-2d-6"><catchline>Enforcement Provisions</catchline><section number="53-2d-601"><histories><history>Renumbered and Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session, (Coordination Clause)</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Discrimination prohibited.</catchline><subsection number="53-2d-601(1)"> No person licensed or designated pursuant to this chapter may discriminate in the provision of emergency medical services on the basis of race, sex, color, creed, or prior inquiry as to ability to pay.</subsection><subsection number="53-2d-601(2)"> This chapter does not authorize or require medical assistance or transportation over the objection of an individual on religious grounds.</subsection></section><section number="53-2d-602"><histories><history>Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session, (Coordination Clause)</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Illegal activity.</catchline><subsection number="53-2d-602(1)"> Except as provided in Section <xref depth="3" refnumber="53-2d-408" start="0">53-2d-408</xref> or <xref depth="3" refnumber="53-2d-201" start="0">53-2d-201</xref>, a person may not: <subsection number="53-2d-602(1)(a)"> practice or engage in the practice, represent that the person is practicing or engaging in the practice, or attempt to practice or engage in the practice of any activity that requires a license, certification, or designation under this chapter unless that person is licensed, certified, or designated under this chapter; or</subsection><subsection number="53-2d-602(1)(b)"> offer an emergency medical service that requires a license, certification, or designation under this chapter unless the person is licensed, certified, or designated under this chapter.</subsection></subsection><subsection number="53-2d-602(2)"> A person may not: <subsection number="53-2d-602(2)(a)"> advertise or represent that the person holds a license, certification, or designation required under this chapter, unless that person holds the license, certification, or designation under this chapter;</subsection><subsection number="53-2d-602(2)(b)"> employ or permit any employee to perform any service for which a license or certification is required by this chapter, unless the person performing the service possesses the required license or certification under this chapter;</subsection><subsection number="53-2d-602(2)(c)"> display, sell, reproduce, or otherwise use any Utah Emergency Medical Services insignia without authorization from the bureau;</subsection><subsection number="53-2d-602(2)(d)"> reproduce or otherwise use materials developed by the department for licensure or certification testing or examination without authorization from the bureau; or</subsection><subsection number="53-2d-602(2)(e)"> willfully summon an ambulance or emergency response vehicle or report that one is needed when the person knows that the ambulance or emergency response vehicle is not needed.</subsection></subsection><subsection number="53-2d-602(3)"> A violation of Subsection <xref depth="4" refnumber="53-2d-602(1)" start="0">(1)</xref> or <xref depth="4" refnumber="53-2d-602(2)" start="0">(2)</xref> is a class B misdemeanor.</subsection></section><section number="53-2d-602.1"><histories><history>Renumbered and Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Prohibition on the use of "911".</catchline><subsection number="53-2d-602.1(1)"> As used in this section: <subsection number="53-2d-602.1(1)(a)"> "Emergency services" means services provided by a person in response to an emergency.</subsection><subsection number="53-2d-602.1(1)(b)"> "Emergency services" includes:<subsection number="53-2d-602.1(1)(b)(i)"> fire protection services;</subsection><subsection number="53-2d-602.1(1)(b)(ii)"> paramedic services;</subsection><subsection number="53-2d-602.1(1)(b)(iii)"> law enforcement services;</subsection><subsection number="53-2d-602.1(1)(b)(iv)"> 911 ambulance or paramedic services; and</subsection><subsection number="53-2d-602.1(1)(b)(v)"> any other emergency services.</subsection></subsection></subsection><subsection number="53-2d-602.1(2)"> A person may not use "911" or other similar sequence of numbers in the person's name with the purpose to deceive the public that the person operates or represents emergency services, unless the person is authorized to provide emergency services.</subsection><subsection number="53-2d-602.1(3)"> A violation of Subsection <xref depth="4" refnumber="53-2d-602.1(2)" start="0">(2)</xref> is: <subsection number="53-2d-602.1(3)(a)"> a class C misdemeanor; and</subsection><subsection number="53-2d-602.1(3)(b)"> subject to a fine of up to $500 per violation.</subsection></subsection></section><section number="53-2d-603"><histories><history>Amended by Chapter <modchap sess="2025GS">340</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Discipline of emergency medical services personnel.</catchline><subsection number="53-2d-603(1)">The bureau may refuse to issue a license or renewal, or revoke, suspend, restrict, or place on probation an individual's license or endorsement if:<subsection number="53-2d-603(1)(a)">the individual does not meet the qualifications for licensure under Section <xref depth="3" refnumber="53-2d-402" start="0">53-2d-402</xref>;</subsection><subsection number="53-2d-603(1)(b)">the individual has engaged in conduct that:<subsection number="53-2d-603(1)(b)(i)">is unprofessional;</subsection><subsection number="53-2d-603(1)(b)(ii)">is adverse to the public health, safety, morals, or welfare; or</subsection><subsection number="53-2d-603(1)(b)(iii)">would adversely affect public trust in the emergency medical service system;</subsection></subsection><subsection number="53-2d-603(1)(c)">the individual has violated Section <xref depth="3" refnumber="53-2d-602" start="0">53-2d-602</xref> or other provision of this chapter;</subsection><subsection number="53-2d-603(1)(d)">the individual has violated Section <xref depth="3" refnumber="58-1-509" start="0">58-1-509</xref>;</subsection><subsection number="53-2d-603(1)(e)">a court of competent jurisdiction has determined the individual to be mentally incompetent for any reason; or</subsection><subsection number="53-2d-603(1)(f)">the individual is unable to provide emergency medical services with reasonable skill and safety because of illness, drunkenness, use of drugs, narcotics, chemicals, or any other type of material, or as a result of any other mental or physical condition, when the individual's condition demonstrates a clear and unjustifiable threat or potential threat to oneself, coworkers, or the public health, safety, or welfare that cannot be reasonably mitigated.</subsection></subsection><subsection number="53-2d-603(2)"><subsection number="53-2d-603(2)(a)">An action to revoke, suspend, restrict, or place a license on probation shall be done in:<subsection number="53-2d-603(2)(a)(i)">consultation with the peer review board created in Section <xref depth="3" refnumber="53-2d-103" start="0">53-2d-103</xref>; and</subsection><subsection number="53-2d-603(2)(a)(ii)">accordance with <xref depth="1" refnumber="63G-4" start="0">Title 63G, Chapter 4, Administrative Procedures Act</xref>.</subsection></subsection><subsection number="53-2d-603(2)(b)">Notwithstanding Subsection <xref depth="4" refnumber="53-2d-603(2)(a)" start="0">(2)(a)</xref>, the bureau may issue a cease and desist order under Section <xref depth="3" refnumber="53-2d-607" start="0">53-2d-607</xref> to immediately suspend an individual's license pending an administrative proceeding to be held within 30 days if there is evidence to show that the individual poses a clear, immediate, and unjustifiable threat or potential threat to the public health, safety, or welfare.</subsection></subsection><subsection number="53-2d-603(3)">An individual whose license has been suspended, revoked, or restricted may apply for reinstatement of the license at reasonable intervals and upon compliance with any conditions imposed upon the license by statute, rule, or the terms of the suspension, revocation, or restriction.</subsection></section><section number="53-2d-604"><histories><history>Amended by Chapter <modchap sess="2025GS">260</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Amended by Chapter <modchap sess="2025GS">340</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Amended by Chapter <modchap sess="2025GS">341</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Discipline of designated and licensed providers, and training centers -- Penalties.</catchline><subsection number="53-2d-604(1)">The bureau may, with respect to emergency medical service providers, as defined in Section <xref depth="3" refnumber="53-2d-101">53-2d-101</xref>, excluding emergency medical service personnel:<subsection number="53-2d-604(1)(a)">impose a fine; or</subsection><subsection number="53-2d-604(1)(b)">refuse to issue a license or designation or a renewal, or revoke, suspend, restrict, or place on probation, a training center, or any emergency medical service provider's license or designation, including the license or designation of a non-911 service provider, if the training center or provider has:<subsection number="53-2d-604(1)(b)(i)">failed to abide by terms of the license or designation;</subsection><subsection number="53-2d-604(1)(b)(ii)">violated statute or rule;</subsection><subsection number="53-2d-604(1)(b)(iii)">failed to provide services at the level or in the exclusive geographic service area required by the license or designation;</subsection><subsection number="53-2d-604(1)(b)(iv)">failed to submit a renewal application in a timely fashion as required by bureau rule;</subsection><subsection number="53-2d-604(1)(b)(v)">failed to follow operational standards established by the bureau; or</subsection><subsection number="53-2d-604(1)(b)(vi)">committed an act in the performance of a professional duty that endangered the public or constituted gross negligence.</subsection></subsection></subsection><subsection number="53-2d-604(2)"><subsection number="53-2d-604(2)(a)">Except as provided in this chapter, an administrative action to impose a fine or penalty, or to revoke, suspend, restrict, or place a license or designation on probation, shall be done in accordance with <xref depth="1" refnumber="63G-4" start="0">Title 63G, Chapter 4, Administrative Procedures Act</xref>.</subsection><subsection number="53-2d-604(2)(b)">Notwithstanding Subsection <xref depth="4" refnumber="53-2d-604(2)(a)" start="0">(2)(a)</xref>, the bureau may issue a cease and desist order under Section <xref depth="3" refnumber="53-2d-607" start="0">53-2d-607</xref> to immediately suspend a license or designation pending an administrative proceeding to be held within 30 days if there is evidence to show that the provider or facility poses a clear, immediate, and unjustifiable threat or potential threat to the public health, safety, or welfare.</subsection></subsection><subsection number="53-2d-604(3)"><subsection number="53-2d-604(3)(a)">The bureau shall:<subsection number="53-2d-604(3)(a)(i)">consider the recommended schedule of potential fines received under Subsection <xref depth="4" refnumber="53-2d-105(2)">53-2d-105(2)</xref> from the Trauma System and Emergency Medical Services Committee; and</subsection><subsection number="53-2d-604(3)(a)(ii)">by rule on or before August 31 of each year, adopt and publish a schedule setting forth the range of potential fines that the bureau may impose for each type of violation for the annual period beginning September 1 of the current year and ending August 31 of the following year.</subsection></subsection><subsection number="53-2d-604(3)(b)">In determining the appropriate fine from the published range of potential fines the bureau may impose for a violation, the bureau shall consider any relevant aggravating or mitigating circumstances.</subsection><subsection number="53-2d-604(3)(c)">The bureau shall deposit any fines collected under this section into the Emergency Medical Services Critical Needs Account created under Section <xref depth="3" refnumber="53-2d-110">53-2d-110</xref>.</subsection></subsection></section><section number="53-2d-605"><histories><history>Amended by Chapter <modchap sess="2024GS">158</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Service interruption or cessation -- Receivership -- Default coverage -- Notice.</catchline><subsection number="53-2d-605(1)"><subsection number="53-2d-605(1)(a)">Acting in the public interest, the department may petition a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to appoint the bureau or an independent receiver to continue the operations of a provider upon any one of the following conditions:<subsection number="53-2d-605(1)(a)(i)">the provider ceases or intends to cease operations;</subsection><subsection number="53-2d-605(1)(a)(ii)">the provider becomes insolvent;</subsection><subsection number="53-2d-605(1)(a)(iii)">the bureau has initiated proceedings to revoke the provider's license and has determined that the lives, health, safety, or welfare of the population served within the provider's exclusive geographic service area are endangered because of the provider's action or inaction pending a full hearing on the license revocation; or</subsection><subsection number="53-2d-605(1)(a)(iv)">the bureau has revoked the provider's license and has been unable to adequately arrange for another provider to take over the provider's exclusive geographic service area.</subsection></subsection><subsection number="53-2d-605(1)(b)">Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, if the department brings a petition described in Subsection (1)(a) in the district court, the department shall bring the petition in:<subsection number="53-2d-605(1)(b)(i)">Salt Lake County; or</subsection><subsection number="53-2d-605(1)(b)(ii)">the county in which the ambulance or paramedic provider operates.</subsection></subsection></subsection><subsection number="53-2d-605(2)">If a licensed or designated provider ceases operations or is otherwise unable to provide services, the bureau may arrange for another licensed provider to provide services on a temporary basis until a license is issued.</subsection><subsection number="53-2d-605(3)">A licensed provider shall give the department 30 days' notice of its intent to cease operations.</subsection></section><section number="53-2d-606"><histories><history>Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session, (Coordination Clause)</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Investigations for enforcement of chapter.</catchline><subsection number="53-2d-606(1)"> The bureau may, for the purpose of ascertaining compliance with the provisions of this chapter, enter and inspect on a routine basis the business premises and equipment of a person: <subsection number="53-2d-606(1)(a)"> with a designation, permit, or license; or</subsection><subsection number="53-2d-606(1)(b)"> who holds himself out to the general public as providing a service for which a designation, permit, or license is required under Section <xref depth="3" refnumber="53-2d-401" start="0">53-2d-401</xref>.</subsection></subsection><subsection number="53-2d-606(2)"> Before conducting an inspection under Subsection <xref depth="4" refnumber="53-2d-606(1)" start="0">(1)</xref>, the bureau shall, after identifying the person in charge: <subsection number="53-2d-606(2)(a)"> give proper identification;</subsection><subsection number="53-2d-606(2)(b)"> describe the nature and purpose of the inspection; and</subsection><subsection number="53-2d-606(2)(c)"> if necessary, explain the authority of the department to conduct the inspection.</subsection></subsection><subsection number="53-2d-606(3)"> In conducting an inspection under Subsection <xref depth="4" refnumber="53-2d-606(1)" start="0">(1)</xref>, the bureau may, after meeting the requirements of Subsection <xref depth="4" refnumber="53-2d-606(2)" start="0">(2)</xref>: <subsection number="53-2d-606(3)(a)"> inspect records, equipment, and vehicles; and</subsection><subsection number="53-2d-606(3)(b)"> interview personnel.</subsection></subsection><subsection number="53-2d-606(4)"> An inspection conducted under Subsection <xref depth="4" refnumber="53-2d-606(1)" start="0">(1)</xref> shall be during regular operational hours.</subsection></section><section number="53-2d-606.5"><histories><history>Enacted by Chapter <modchap sess="2025GS">341</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Investigative authority of the bureau -- Subpoenas -- Criminal penalty.</catchline><subsection number="53-2d-606.5(1)">In connection with conducting a formal investigation or any matters pending before the peer review board, the bureau may administer oaths and affirmations, subpoena witnesses, take evidence, and require by subpoena duces tecum the production of relevant papers, records, or other documents or information.</subsection><subsection number="53-2d-606.5(2)">A person who willfully disobeys a valid subpoena issued by the bureau is guilty of a class B misdemeanor.</subsection></section><section number="53-2d-607"><histories><history>Amended by Chapter <modchap sess="2025GS">340</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Amended by Chapter <modchap sess="2025GS">341</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Cease and desist letters -- Criminal penalty.</catchline><subsection number="53-2d-607(1)">The bureau may issue a cease and desist order to any person who:<subsection number="53-2d-607(1)(a)">may be disciplined under Section <xref depth="3" refnumber="53-2d-603" start="0">53-2d-603</xref> or <xref depth="3" refnumber="53-2d-604" start="0">53-2d-604</xref>; or</subsection><subsection number="53-2d-607(1)(b)">otherwise violates this chapter or any rules adopted under this chapter.</subsection></subsection><subsection number="53-2d-607(2)">An individual who willfully disobeys a valid cease and desist letter issued by the bureau is guilty of a class B misdemeanor.</subsection></section></part><part number="53-2d-7"><catchline>Miscellaneous</catchline><section number="53-2d-701"><histories><history>Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session, (Coordination Clause)</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Persons and activities exempt from civil liability.</catchline><subsection number="53-2d-701(1)"><subsection number="53-2d-701(1)(a)"> Except as provided in Subsection <xref depth="4" refnumber="53-2d-701(1)(b)" start="0">(1)(b)</xref>, a licensed physician, physician's assistant, or licensed registered nurse who, gratuitously and in good faith, gives oral or written instructions to any of the following is not liable for any civil damages as a result of issuing the instructions:<subsection number="53-2d-701(1)(a)(i)"> an individual licensed or certified under Section <xref depth="3" refnumber="53-2d-402" start="0">53-2d-402</xref>;</subsection><subsection number="53-2d-701(1)(a)(ii)"> an individual who uses a fully automated external defibrillator; or</subsection><subsection number="53-2d-701(1)(a)(iii)"> an individual who administers CPR.</subsection></subsection><subsection number="53-2d-701(1)(b)"> The liability protection described in Subsection <xref depth="4" refnumber="53-2d-701(1)(a)" start="0">(1)(a)</xref> does not apply if the instructions given were the result of gross negligence or willful misconduct.</subsection></subsection><subsection number="53-2d-701(2)"> An individual licensed or certified under Section <xref depth="3" refnumber="53-2d-402" start="0">53-2d-402</xref>, during either training or after licensure or certification, a licensed physician, a physician assistant, or a registered nurse who, gratuitously and in good faith, provides emergency medical instructions or renders emergency medical care authorized by this chapter is not liable for any civil damages as a result of any act or omission in providing the emergency medical instructions or medical care, unless the act or omission is the result of gross negligence or willful misconduct.</subsection><subsection number="53-2d-701(3)"> An individual licensed or certified under Section <xref depth="3" refnumber="53-2d-402" start="0">53-2d-402</xref> is not subject to civil liability for failure to obtain consent in rendering emergency medical services authorized by this chapter to any individual who is unable to give his consent, regardless of the individual's age, where there is no other person present legally authorized to consent to emergency medical care, provided that the licensed individual acted in good faith.</subsection><subsection number="53-2d-701(4)"> A principal, agent, contractor, employee, or representative of an agency, organization, institution, corporation, or entity of state or local government that sponsors, authorizes, supports, finances, or supervises any functions of an individual licensed or certified under Section <xref depth="3" refnumber="53-2d-402" start="0">53-2d-402</xref> is not liable for any civil damages for any act or omission in connection with the sponsorship, authorization, support, finance, or supervision of the licensed or certified individual where the act or omission occurs in connection with the licensed or certified individual's training or occurs outside a hospital where the life of a patient is in immediate danger, unless the act or omission is inconsistent with the training of the licensed or certified individual, and unless the act or omission is the result of gross negligence or willful misconduct.</subsection><subsection number="53-2d-701(5)"> A physician or physician assistant who gratuitously and in good faith arranges for, requests, recommends, or initiates the transfer of a patient from a hospital to a critical care unit in another hospital is not liable for any civil damages as a result of such transfer where: <subsection number="53-2d-701(5)(a)"> sound medical judgment indicates that the patient's medical condition is beyond the care capability of the transferring hospital or the medical community in which that hospital is located; and</subsection><subsection number="53-2d-701(5)(b)"> the physician or physician assistant has secured an agreement from the receiving facility to accept and render necessary treatment to the patient.</subsection></subsection><subsection number="53-2d-701(6)"> An individual who is a registered member of the National Ski Patrol System or a member of a ski patrol who has completed a course in winter emergency care offered by the National Ski Patrol System combined with CPR for medical technicians offered by the American Red Cross or American Heart Association, or an equivalent course of instruction, and who in good faith renders emergency care in the course of ski patrol duties is not liable for civil damages as a result of any act or omission in rendering the emergency care, unless the act or omission is the result of gross negligence or willful misconduct.</subsection><subsection number="53-2d-701(7)"> An emergency medical service provider who, in good faith, transports an individual against his will but at the direction of a law enforcement officer pursuant to Section <xref depth="3" refnumber="26B-5-331" start="0">26B-5-331</xref> is not liable for civil damages for transporting the individual.</subsection></section><section number="53-2d-702"><histories><history>Amended by Chapter <modchap sess="2024S3">5</modchap>, 2024 Special Session 3</history><modyear>2024</modyear></histories><catchline>Notification of air ambulance policies and charges.</catchline><subsection number="53-2d-702(1)">For any patient who is in need of air medical transport provider services, an emergency medical service provider shall:<subsection number="53-2d-702(1)(a)">provide the patient or the patient's representative with the following information before contacting an air medical transport provider:<subsection number="53-2d-702(1)(a)(i)">which health insurers in the state the air medical transport provider contracts with;</subsection><subsection number="53-2d-702(1)(a)(ii)">if sufficient data is available, the average charge for air medical transport services for a patient who is uninsured or out of network; and</subsection><subsection number="53-2d-702(1)(a)(iii)">whether the air medical transport provider balance bills a patient for any charge not paid by the patient's health insurer; and</subsection></subsection><subsection number="53-2d-702(1)(b)">if multiple air medical transport providers are capable of providing the patient with services, provide the patient or the patient's representative an opportunity to choose the air medical transport provider.</subsection></subsection><subsection number="53-2d-702(2)">Subsection (1) does not apply if the patient:<subsection number="53-2d-702(2)(a)">is unconscious and the patient's representative is not physically present with the patient; or</subsection><subsection number="53-2d-702(2)(b)">is unable, due to a medical condition, to make an informed decision about the choice of an air medical transport provider, and the patient's representative is not physically present with the patient.</subsection></subsection></section><section number="53-2d-703"><histories><history>Amended by Chapter <modchap sess="2026GS">469</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Volunteer Emergency Medical Service Personnel Insurance Program -- Creation -- Administration -- Eligibility -- Benefits -- Rulemaking -- Advisory board.</catchline><subsection number="53-2d-703(1)">As used in this section:<subsection number="53-2d-703(1)(a)">"Assigned service area" means the operations subdivisions of a geographical service area that a local government entity creates based on the local government entity's emergency medical services operational needs.</subsection><subsection number="53-2d-703(1)(b)">"Basic life insurance benefit" means the standard group life insurance benefit offered by PEHP that combines basic life, line-of-duty, accidental death and disability, and dependent coverage into one benefit package.</subsection><subsection number="53-2d-703(1)(c)">"Basic long-term disability benefit" means a $1,000 monthly benefit arising from a disability determined in accordance with Title 49, Chapter 21, Public Employees' Long-Term Disability Act, and excluding any coverage offered on a pilot basis.</subsection><subsection number="53-2d-703(1)(d)">"Dental plan" means the same as that term is defined in Section <xref depth="3" refnumber="31A-22-646">31A-22-646</xref>.</subsection><subsection number="53-2d-703(1)(e)">"Emergency medical services operations" means an emergency medical services provider's duties, as assigned by the local government entity, including:<subsection number="53-2d-703(1)(e)(i)">911 call response in the assigned service area;</subsection><subsection number="53-2d-703(1)(e)(ii)">standby services for regular operations or special events;</subsection><subsection number="53-2d-703(1)(e)(iii)">training; and</subsection><subsection number="53-2d-703(1)(e)(iv)">emergency medical services-related community engagement in the geographical service area.</subsection></subsection><subsection number="53-2d-703(1)(f)">"Geographical service area" means a local government entity's jurisdiction.</subsection><subsection number="53-2d-703(1)(g)">"Health benefit plan" means the same as that term is defined in Section <xref depth="3" refnumber="31A-1-301">31A-1-301</xref>.</subsection><subsection number="53-2d-703(1)(h)">"Local government entity" means a political subdivision that:<subsection number="53-2d-703(1)(h)(i)">is licensed as a ground ambulance provider under Part 5, Ambulance and Paramedic Providers, or a quick response provider as designated under Section <xref depth="3" refnumber="53-2d-403">53-2d-403</xref>; and</subsection><subsection number="53-2d-703(1)(h)(ii)">does not offer health insurance benefits to volunteer emergency medical service personnel.</subsection></subsection><subsection number="53-2d-703(1)(i)">"PEHP" means the Public Employees' Benefit and Insurance Program created in Section <xref depth="3" refnumber="49-20-103">49-20-103</xref>.</subsection><subsection number="53-2d-703(1)(j)">"Political subdivision" means a county, a municipality, a limited purpose government entity described in Title 17B, Limited Purpose Local Government Entities - Special Districts, or Title 17D, Limited Purpose Local Government Entities - Other Entities, or an entity created by an interlocal agreement under Title 11, Chapter 13, Interlocal Cooperation Act.</subsection><subsection number="53-2d-703(1)(k)">"Qualifying association" means an association that represents two or more political subdivisions in the state.</subsection><subsection number="53-2d-703(1)(l)">"Qualifying community" means any of the following located in a county of the second class:<subsection number="53-2d-703(1)(l)(i)">a city of the fifth class; or</subsection><subsection number="53-2d-703(1)(l)(ii)">a town.</subsection></subsection></subsection><subsection number="53-2d-703(2)">The Volunteer Emergency Medical Service Personnel Insurance Program shall promote recruitment and retention of volunteer emergency medical service personnel by making insurance available to volunteer emergency medical service personnel in accordance with this section.</subsection><subsection number="53-2d-703(3)"><subsection number="53-2d-703(3)(a)">The bureau shall contract with a qualifying association to create, implement, and administer the Volunteer Emergency Medical Service Personnel Insurance Program described in this section.</subsection><subsection number="53-2d-703(3)(b)">The qualifying association will create promotional campaigns for the Volunteer Emergency Medical Service Personnel Insurance Program and volunteer emergency medical service recruitment and retention including outreach to local government entities through social media, video production, and other media platforms.</subsection></subsection><subsection number="53-2d-703(4)">Participation in the program is limited to any individual who:<subsection number="53-2d-703(4)(a)">is licensed under Section <xref depth="3" refnumber="53-2d-402">53-2d-402</xref> as an emergency medical technician, an advanced emergency medical technician, or a paramedic;</subsection><subsection number="53-2d-703(4)(b)">is able to perform all necessary functions associated with the license;</subsection><subsection number="53-2d-703(4)(c)">provides emergency medical services under the direction of a local governmental entity:<subsection number="53-2d-703(4)(c)(i)">by participating in at least 20% of emergency medical services operations during a rolling twelve-month period; and</subsection><subsection number="53-2d-703(4)(c)(ii)">within a qualifying community or a county of the third, fourth, fifth, or sixth class; and</subsection><subsection number="53-2d-703(4)(c)(iii)"><subsection number="53-2d-703(4)(c)(iii)(A)">as a volunteer under the Fair Labor Standards Act, in accordance with 29 C.F.R. Sec. 553.106; or</subsection><subsection number="53-2d-703(4)(c)(iii)(B)">as a part-time unbenefited employee, as classified by the employing local government entity;</subsection></subsection></subsection><subsection number="53-2d-703(4)(d)">if seeking health insurance:<subsection number="53-2d-703(4)(d)(i)"><subsection number="53-2d-703(4)(d)(i)(A)">is not eligible for a health benefit plan through an employer or a spouse's employer; and</subsection><subsection number="53-2d-703(4)(d)(i)(B)">is not eligible for medical coverage under a government sponsored healthcare program; or</subsection></subsection><subsection number="53-2d-703(4)(d)(ii)">the individual's premium cost for individual, double, or family coverage through another source exceeds 20% or greater of the premium cost of the program created by this section;</subsection></subsection><subsection number="53-2d-703(4)(e)">if seeking dental insurance:<subsection number="53-2d-703(4)(e)(i)"><subsection number="53-2d-703(4)(e)(i)(A)">is not eligible for a dental plan through an employer or a spouse's employer; and</subsection><subsection number="53-2d-703(4)(e)(i)(B)">is not eligible for dental coverage under a government sponsored healthcare program; or</subsection></subsection><subsection number="53-2d-703(4)(e)(ii)">the individual's premium cost for individual, double, or family coverage exceeds 20% or greater of the premium cost of the program created by this section; and</subsection></subsection><subsection number="53-2d-703(4)(f)">resides in the state.</subsection></subsection><subsection number="53-2d-703(5)"><subsection number="53-2d-703(5)(a)">A participant in the program is eligible to participate in PEHP in accordance with Subsection <xref depth="4" refnumber="53-2d-703(5)(b)">(5)(b)</xref> and Subsection <xref depth="4" refnumber="49-20-201(3)">49-20-201(3)</xref>.</subsection><subsection number="53-2d-703(5)(b)">Health and dental benefits available to program participants under PEHP are limited to health insurance and dental insurance that:<subsection number="53-2d-703(5)(b)(i)">covers the program participant and the program participant's eligible dependents on a July 1 plan year;</subsection><subsection number="53-2d-703(5)(b)(ii)">accepts enrollment during an open enrollment period or for a special enrollment event, including the initial eligibility of a program participant;</subsection><subsection number="53-2d-703(5)(b)(iii)">if the program participant is no longer eligible for benefits, terminates on the last day of the last month for which the individual is a participant in the Volunteer Emergency Medical Service Personnel Insurance Program; and</subsection><subsection number="53-2d-703(5)(b)(iv)">is not subject to continuation rights under state or federal law.</subsection></subsection><subsection number="53-2d-703(5)(c)">Within existing appropriations, the Volunteer Emergency Medical Service Personnel Insurance Program may offer basic life insurance and long-term disability insurance to participants to enhance recruitment and retention efforts.</subsection></subsection><subsection number="53-2d-703(6)"><subsection number="53-2d-703(6)(a)">The bureau may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to define additional criteria regarding benefit design, eligibility for the program, and to implement this section.</subsection><subsection number="53-2d-703(6)(b)">The bureau shall convene an advisory board:<subsection number="53-2d-703(6)(b)(i)">to advise the bureau on making rules under Subsection <xref depth="4" refnumber="53-2d-703(6)(a)">(6)(a)</xref>; and</subsection><subsection number="53-2d-703(6)(b)(ii)">that includes representation from at least the following entities:<subsection number="53-2d-703(6)(b)(ii)(A)">the qualifying association that receives the contract under Subsection <xref depth="4" refnumber="53-2d-703(3)">(3)</xref>; and</subsection><subsection number="53-2d-703(6)(b)(ii)(B)">PEHP.</subsection></subsection></subsection></subsection><subsection number="53-2d-703(7)">For purposes of this section, the qualifying association that receives the contract under Subsection <xref depth="4" refnumber="53-2d-703(3)">(3)</xref> shall be considered the public agency for whom the program participant is volunteering under 29 C.F.R. Sec. 553.101.</subsection></section><section number="53-2d-704"><histories><history>Enacted by Chapter <modchap sess="2026GS">262</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Pediatric readiness.</catchline><subsection number="53-2d-704(1)">As used in this section:<subsection number="53-2d-704(1)(a)"><subsection number="53-2d-704(1)(a)(i)">"Emergency department" means a general acute hospital department that provides emergency medical care on a 24-hour basis.</subsection><subsection number="53-2d-704(1)(a)(ii)">"Emergency department" includes a satellite emergency department as that term is defined in Section <xref depth="3" refnumber="26B-2-203">26B-2-203</xref>.</subsection></subsection><subsection number="53-2d-704(1)(b)">"General acute hospital" means the same as that term is defined in Section <xref depth="3" refnumber="26B-2-201">26B-2-201</xref>.</subsection><subsection number="53-2d-704(1)(c)">"Pediatric emergency care coordinator" means an individual designated under Subsection <xref depth="4" refnumber="53-2d-704(3)">(3)</xref> to oversee pediatric emergency care policies, procedures, and training.</subsection><subsection number="53-2d-704(1)(d)">"Pediatric readiness assessment" means the National Pediatric Readiness Assessment developed by the National Pediatric Readiness Project.</subsection></subsection><subsection number="53-2d-704(2)">An emergency department shall:<subsection number="53-2d-704(2)(a)">develop and implement evidence-based policies and procedures for pediatric patient care in the emergency department that address:<subsection number="53-2d-704(2)(a)(i)">patient triage protocols;</subsection><subsection number="53-2d-704(2)(a)(ii)">measuring and recording vital signs;</subsection><subsection number="53-2d-704(2)(a)(iii)">weighing and recording patient weights in kilograms;</subsection><subsection number="53-2d-704(2)(a)(iv)">calculating medication dosages for pediatric patients;</subsection><subsection number="53-2d-704(2)(a)(v)">proper use of pediatric-specific medical equipment; and</subsection><subsection number="53-2d-704(2)(a)(vi)">age-appropriate care protocols;</subsection></subsection><subsection number="53-2d-704(2)(b)">conduct annual training for emergency department staff on the policies and procedures developed under Subsection <xref depth="4" refnumber="53-2d-704(2)(a)">(2)(a)</xref>, including:<subsection number="53-2d-704(2)(b)(i)">hands-on training in the use of pediatric equipment through clinical simulation appropriate to each staff member's licensure and role; and</subsection><subsection number="53-2d-704(2)(b)(ii)">emergency drill exercises that simulate pediatric emergency situations, conducted at least every six months.</subsection></subsection></subsection><subsection number="53-2d-704(3)"><subsection number="53-2d-704(3)(a)">Each emergency department shall designate a pediatric emergency care coordinator who is a:<subsection number="53-2d-704(3)(a)(i)">physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;</subsection><subsection number="53-2d-704(3)(a)(ii)">physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act; or</subsection><subsection number="53-2d-704(3)(a)(iii)">registered nurse or advance practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act.</subsection></subsection><subsection number="53-2d-704(3)(b)">The pediatric emergency care coordinator is responsible for:<subsection number="53-2d-704(3)(b)(i)">implementing the policies and procedures required under Subsection <xref depth="4" refnumber="53-2d-704(2)">(2)</xref>;</subsection><subsection number="53-2d-704(3)(b)(ii)">ensuring compliance with pediatric care standards; and</subsection><subsection number="53-2d-704(3)(b)(iii)">coordinating pediatric emergency care training programs.</subsection></subsection></subsection><subsection number="53-2d-704(4)"><subsection number="53-2d-704(4)(a)">Each emergency department shall conduct a pediatric readiness assessment in accordance with the timelines prescribed by the National Pediatric Readiness Project.</subsection><subsection number="53-2d-704(4)(b)">A general acute hospital emergency department may voluntarily conduct the National Pediatric Readiness Project's Open Assessment during a year in which the pediatric readiness assessment is not conducted.</subsection><subsection number="53-2d-704(4)(c)">Each emergency department shall submit assessment results to the bureau by December 31 of the year in which the assessment occurs.</subsection></subsection><subsection number="53-2d-704(5)">The bureau shall collect overall assessment scores from pediatric readiness assessments conducted by emergency departments under Subsection <xref depth="4" refnumber="53-2d-704(4)(a)">(4)(a)</xref>.</subsection><subsection number="53-2d-704(6)">The bureau may publish aggregate data regarding assessment scores.</subsection><subsection number="53-2d-704(7)">The bureau shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that establish minimum standards for pediatric patient care in emergency departments, including:<subsection number="53-2d-704(7)(a)">availability and immediate access to pediatric-specific equipment and supplies;</subsection><subsection number="53-2d-704(7)(b)">staff training requirements;</subsection><subsection number="53-2d-704(7)(c)">quality assurance measures; and</subsection><subsection number="53-2d-704(7)(d)">reporting requirements for assessment results.</subsection></subsection></section></part><part number="53-2d-8"><catchline>Utah Sudden Cardiac Arrest Survival Act</catchline><section number="53-2d-801"><histories><history>Renumbered and Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Authority to administer CPR or use an AED.</catchline><tab/>A person may:<subsection number="53-2d-801(1)"> administer CPR on another individual without a license, certificate, or other governmental authorization if the person reasonably believes that the individual is in sudden cardiac arrest; or</subsection><subsection number="53-2d-801(2)"> use an AED on another individual without a license, certificate, or other governmental authorization if the person reasonably believes that the individual is in sudden cardiac arrest.</subsection></section><section number="53-2d-802"><histories><history>Renumbered and Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Immunity.</catchline><subsection number="53-2d-802(1)"> Except as provided in Subsection <xref depth="4" refnumber="53-2d-802(3)" start="0">(3)</xref>, the following persons are not subject to civil liability for any act or omission relating to preparing to care for, responding to care for, or providing care to, another individual who reasonably appears to be in sudden cardiac arrest: <subsection number="53-2d-802(1)(a)"> a person authorized, under Section <xref depth="3" refnumber="53-2d-801" start="0">53-2d-801</xref>, to administer CPR, who:<subsection number="53-2d-802(1)(a)(i)"> gratuitously and in good faith attempts to administer or administers CPR to another person; or</subsection><subsection number="53-2d-802(1)(a)(ii)"> fails to administer CPR to another person;</subsection></subsection><subsection number="53-2d-802(1)(b)"> a person authorized, under Section <xref depth="3" refnumber="53-2d-801" start="0">53-2d-801</xref>, to use an AED who:<subsection number="53-2d-802(1)(b)(i)"> gratuitously and in good faith attempts to use or uses an AED; or</subsection><subsection number="53-2d-802(1)(b)(ii)"> fails to use an AED;</subsection></subsection><subsection number="53-2d-802(1)(c)"> a person that teaches or provides a training course in administering CPR or using an AED;</subsection><subsection number="53-2d-802(1)(d)"> a person that acquires an AED;</subsection><subsection number="53-2d-802(1)(e)"> a person that owns, manages, or is otherwise responsible for the premises or conveyance where an AED is located;</subsection><subsection number="53-2d-802(1)(f)"> a person who retrieves an AED in response to a perceived or potential sudden cardiac arrest;</subsection><subsection number="53-2d-802(1)(g)"> a person that authorizes, directs, or supervises the installation or provision of an AED;</subsection><subsection number="53-2d-802(1)(h)"> a person involved with, or responsible for, the design, management, or operation of a CPR or AED program;</subsection><subsection number="53-2d-802(1)(i)"> a person involved with, or responsible for, reporting, receiving, recording, updating, giving, or distributing information relating to the ownership or location of an AED under Section <xref depth="3" refnumber="53-2d-803" start="0">53-2d-803</xref>; or</subsection><subsection number="53-2d-802(1)(j)"> a physician who gratuitously and in good faith:<subsection number="53-2d-802(1)(j)(i)"> provides medical oversight for a public AED program; or</subsection><subsection number="53-2d-802(1)(j)(ii)"> issues a prescription for a person to acquire or use an AED.</subsection></subsection></subsection><subsection number="53-2d-802(2)"> This section does not relieve a manufacturer, designer, developer, marketer, or commercial distributor of an AED, or an accessory for an AED, of any liability.</subsection><subsection number="53-2d-802(3)"> The liability protection described in Subsection <xref depth="4" refnumber="53-2d-802(1)" start="0">(1)</xref> does not apply to an act or omission that constitutes gross negligence or willful misconduct.</subsection></section><section number="53-2d-803"><histories><history>Renumbered and Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Reporting location of automatic external defibrillators.</catchline><subsection number="53-2d-803(1)"> In accordance with Subsection <xref depth="4" refnumber="53-2d-803(2)" start="0">(2)</xref> and except as provided in Subsection <xref depth="4" refnumber="53-2d-803(3)" start="0">(3)</xref>: <subsection number="53-2d-803(1)(a)"> a person who owns or leases an AED shall report the person's name, address, and telephone number, and the exact location of the AED, in writing or by a web-based AED registration form, if available, to the emergency medical dispatch center that provides emergency dispatch services for the location where the AED is installed, if the person:<subsection number="53-2d-803(1)(a)(i)"> installs the AED;</subsection><subsection number="53-2d-803(1)(a)(ii)"> causes the AED to be installed; or</subsection><subsection number="53-2d-803(1)(a)(iii)"> allows the AED to be installed; and</subsection></subsection><subsection number="53-2d-803(1)(b)"> a person who owns or leases an AED that is removed from a location where it is installed shall report the person's name, address, and telephone number, and the exact location from which the AED is removed, in writing or by a web-based AED registration form, if available, to the emergency medical dispatch center that provides emergency dispatch services for the location from which the AED is removed, if the person:<subsection number="53-2d-803(1)(b)(i)"> removes the AED;</subsection><subsection number="53-2d-803(1)(b)(ii)"> causes the AED to be removed; or</subsection><subsection number="53-2d-803(1)(b)(iii)"> allows the AED to be removed.</subsection></subsection></subsection><subsection number="53-2d-803(2)"> A report required under Subsection <xref depth="4" refnumber="53-2d-803(1)" start="0">(1)</xref> shall be made within 14 days after the day on which the AED is installed or removed.</subsection><subsection number="53-2d-803(3)"> Subsection <xref depth="4" refnumber="53-2d-803(1)" start="0">(1)</xref> does not apply to an AED: <subsection number="53-2d-803(3)(a)"> at a private residence; or</subsection><subsection number="53-2d-803(3)(b)"> in a vehicle or other mobile or temporary location.</subsection></subsection><subsection number="53-2d-803(4)"> A person who owns or leases an AED that is installed in, or removed from, a private residence may voluntarily report the location of, or removal of, the AED to the emergency medical dispatch center that provides emergency dispatch services for the location where the private residence is located.</subsection><subsection number="53-2d-803(5)"> The department may not impose a penalty on a person for failing to comply with the requirements of this section.</subsection></section><section number="53-2d-804"><histories><history>Renumbered and Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Distributors to notify of reporting requirements.</catchline><tab/>A person in the business of selling or leasing an AED shall, at the time the person provides, sells, or leases an AED to another person, notify the other person, in writing, of the reporting requirements described in Section <xref depth="3" refnumber="53-2d-803" start="0">53-2d-803</xref>.</section><section number="53-2d-805"><histories><history>Amended by Chapter <modchap sess="2024GS">147</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Duties of emergency medical dispatch centers.</catchline><tab/>An emergency medical dispatch center shall:<subsection number="53-2d-805(1)">implement a system to receive and manage the information reported to the emergency medical dispatch center under Section <xref depth="3" refnumber="53-2d-803">53-2d-803</xref>;</subsection><subsection number="53-2d-805(2)">record in the system described in Subsection (1), all information received under Section <xref depth="3" refnumber="53-2d-803">53-2d-803</xref> within 14 days after the day on which the information is received;</subsection><subsection number="53-2d-805(3)">inform an individual who calls to report a potential incident of sudden cardiac arrest of the location of an AED located at the address of the potential sudden cardiac arrest;</subsection><subsection number="53-2d-805(4)">provide verbal instructions to an individual described in Subsection (3) to:<subsection number="53-2d-805(4)(a)">help the individual determine if a patient is in cardiac arrest; and</subsection><subsection number="53-2d-805(4)(b)">if needed:<subsection number="53-2d-805(4)(b)(i)">provide direction to start CPR;</subsection><subsection number="53-2d-805(4)(b)(ii)">offer instructions on how to perform CPR; or</subsection><subsection number="53-2d-805(4)(b)(iii)">offer instructions on how to use an AED, if one is available; and</subsection></subsection></subsection><subsection number="53-2d-805(5)">provide the information contained in the system described in Subsection (1), upon request, to the bureau.</subsection></section><section number="53-2d-806"><histories><history>Renumbered and Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Education and training.</catchline><subsection number="53-2d-806(1)"> The office shall work in cooperation with federal, state, and local agencies and schools, to encourage individuals to complete courses on the administration of CPR and the use of an AED.</subsection><subsection number="53-2d-806(2)"> A person who owns or leases an AED shall encourage each individual who is likely to use the AED to complete courses on the administration of CPR and the use of an AED.</subsection></section><section number="53-2d-807"><histories><history>Renumbered and Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session, (Coordination Clause)</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>AEDs for demonstration purposes.</catchline><subsection number="53-2d-807(1)"> Any AED used solely for demonstration or training purposes, which is not operational for emergency use is, except for the provisions of this section, exempt from the provisions of this chapter.</subsection><subsection number="53-2d-807(2)"> The owner of an AED described in Subsection <xref depth="4" refnumber="53-2d-807(1)" start="0">(1)</xref> shall clearly mark on the exterior of the AED that the AED is for demonstration or training use only.</subsection></section><section number="53-2d-808"><histories><history>Renumbered and Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Tampering with an AED prohibited -- Penalties.</catchline><tab/>A person is guilty of a class C misdemeanor if the person removes, tampers with, or otherwise disturbs an AED, AED cabinet or enclosure, or AED sign, unless:<subsection number="53-2d-808(1)"> the person is authorized by the AED owner for the purpose of: <subsection number="53-2d-808(1)(a)"> inspecting the AED or AED cabinet or enclosure; or</subsection><subsection number="53-2d-808(1)(b)"> performing maintenance or repairs on the AED, the AED cabinet or enclosure, a wall or structure that the AED cabinet or enclosure is directly attached to, or an AED sign;</subsection></subsection><subsection number="53-2d-808(2)"> the person is responding to, or providing care to, a potential sudden cardiac arrest patient; or</subsection><subsection number="53-2d-808(3)"> the person acts in good faith with the intent to support, and not to violate, the recognized purposes of the AED.</subsection></section></part><part number="53-2d-9"><catchline>Statewide Stroke and Cardiac Registries</catchline><section number="53-2d-901"><histories><history>Renumbered and Amended by Chapter <modchap sess="2023GS">308</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Statewide stroke registry.</catchline><subsection number="53-2d-901(1)"> The bureau shall establish and supervise a statewide stroke registry to: <subsection number="53-2d-901(1)(a)"> analyze information on the incidence, severity, causes, outcomes, and rehabilitation of stroke;</subsection><subsection number="53-2d-901(1)(b)"> promote optimal care for stroke patients;</subsection><subsection number="53-2d-901(1)(c)"> alleviate unnecessary death and disability from stroke;</subsection><subsection number="53-2d-901(1)(d)"> encourage the efficient and effective continuum of patient care, including prevention, prehospital care, hospital care, and rehabilitative care; and</subsection><subsection number="53-2d-901(1)(e)"> minimize the overall cost of stroke.</subsection></subsection><subsection number="53-2d-901(2)"> The bureau shall utilize the registry established under Subsection <xref depth="4" refnumber="53-2d-901(1)" start="0">(1)</xref> to assess: <subsection number="53-2d-901(2)(a)"> the effectiveness of the data collected by the registry; and</subsection><subsection number="53-2d-901(2)(b)"> the impact of the statewide stroke registry on the provision of stroke care.</subsection></subsection><subsection number="53-2d-901(3)"><subsection number="53-2d-901(3)(a)"> The bureau shall make rules in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, to establish:<subsection number="53-2d-901(3)(a)(i)"> the data elements that general acute hospitals shall report to the registry; and</subsection><subsection number="53-2d-901(3)(a)(ii)"> the time frame and format for reporting.</subsection></subsection><subsection number="53-2d-901(3)(b)"> The data elements described in Subsection <xref depth="4" refnumber="53-2d-901(3)(a)(i)" start="0">(3)(a)(i)</xref> shall include consensus metrics consistent with data elements used in nationally recognized data set platforms for stroke care.</subsection><subsection number="53-2d-901(3)(c)"> The department shall permit a general acute hospital to submit data required under this section through an electronic exchange of clinical health information that meets the standards established by the department under Section <xref depth="3" refnumber="26B-8-411" start="0">26B-8-411</xref>.</subsection></subsection><subsection number="53-2d-901(4)"> A general acute hospital shall submit stroke data in accordance with rules established under Subsection <xref depth="4" refnumber="53-2d-901(3)" start="0">(3)</xref>.</subsection><subsection number="53-2d-901(5)"> Data collected under this section shall be subject to <xref depth="2" refnumber="26B-8-4" start="0">Title 26B, Chapter 8, Part 4, Health Statistics</xref>.</subsection><subsection number="53-2d-901(6)"> No person may be held civilly liable for providing data to the department in accordance with this section.</subsection></section><section number="53-2d-902"><histories><history>Renumbered and Amended by Chapter <modchap sess="2023GS">308</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Statewide cardiac registry.</catchline><subsection number="53-2d-902(1)"> The bureau shall establish and supervise a statewide cardiac registry to: <subsection number="53-2d-902(1)(a)"> analyze information on the incidence, severity, causes, outcomes, and rehabilitation of cardiac diseases;</subsection><subsection number="53-2d-902(1)(b)"> promote optimal care for cardiac patients;</subsection><subsection number="53-2d-902(1)(c)"> alleviate unnecessary death and disability from cardiac diseases;</subsection><subsection number="53-2d-902(1)(d)"> encourage the efficient and effective continuum of patient care, including prevention, prehospital care, hospital care, and rehabilitative care; and</subsection><subsection number="53-2d-902(1)(e)"> minimize the overall cost of cardiac care.</subsection></subsection><subsection number="53-2d-902(2)"> The bureau shall utilize the registry established under Subsection <xref depth="4" refnumber="53-2d-902(1)" start="0">(1)</xref> to assess: <subsection number="53-2d-902(2)(a)"> the effectiveness of the data collected by the registry; and</subsection><subsection number="53-2d-902(2)(b)"> the impact of the statewide cardiac registry on the provision of cardiac care.</subsection></subsection><subsection number="53-2d-902(3)"><subsection number="53-2d-902(3)(a)"> The bureau shall make rules in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, to establish:<subsection number="53-2d-902(3)(a)(i)"> the data elements that general acute hospitals shall report to the registry; and</subsection><subsection number="53-2d-902(3)(a)(ii)"> the time frame and format for reporting.</subsection></subsection><subsection number="53-2d-902(3)(b)"> The data elements described in Subsection <xref depth="4" refnumber="53-2d-902(3)(a)(i)" start="0">(3)(a)(i)</xref> shall include consensus metrics consistent with data elements used in nationally recognized data set platforms for cardiac care.</subsection><subsection number="53-2d-902(3)(c)"> The bureau shall permit a general acute hospital to submit data required under this section through an electronic exchange of clinical health information that meets the standards established by the department under Section <xref depth="3" refnumber="26B-8-411" start="0">26B-8-411</xref>.</subsection></subsection><subsection number="53-2d-902(4)"> A general acute hospital shall submit cardiac data in accordance with rules established under Subsection <xref depth="4" refnumber="53-2d-902(3)" start="0">(3)</xref>.</subsection><subsection number="53-2d-902(5)"> Data collected under this section shall be subject to <xref depth="2" refnumber="26B-8-4" start="0">Title 26B, Chapter 8, Part 4, Health Statistics</xref>.</subsection><subsection number="53-2d-902(6)"> No person may be held civilly liable for providing data to the bureau in accordance with this section.</subsection></section></part></chapter><chapter number="53-2e"><catchline>EMS Personnel Licensure Interstate Compact</catchline><section number="53-2e-101"><histories><history>Renumbered and Amended by Chapter <modchap sess="2023GS">307</modchap>, 2023 General Session</history><modyear>2023</modyear><history>Renumbered and Amended by Chapter <modchap sess="2023GS">310</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>EMS Personnel Licensure Interstate Compact.</catchline><center>EMS PERSONNEL LICENSURE INTERSTATE COMPACT</center><eol/><tab/><center>SECTION 1. PURPOSE</center><eol/><tab/>In order to protect the public through verification of competency and ensure accountability for patient care related activities all states license emergency medical services (EMS) personnel, such as emergency medical technicians (EMTs), advanced EMTs and paramedics. This Compact is intended to facilitate the day to day movement of EMS personnel across state boundaries in the performance of their EMS duties as assigned by an appropriate authority and authorize state EMS offices to afford immediate legal recognition to EMS personnel licensed in a member state. This Compact recognizes that states have a vested interest in protecting the public's health and safety through their licensing and regulation of EMS personnel and that such state regulation shared among the member states will best protect public health and safety. This Compact is designed to achieve the following purposes and objectives:<eol/><tab/>1. Increase public access to EMS personnel;<eol/><tab/>2. Enhance the states' ability to protect the public's health and safety, especially patient safety;<eol/><tab/>3. Encourage the cooperation of member states in the areas of EMS personnel licensure and regulation;<eol/><tab/>4. Support licensing of military members who are separating from an active duty tour and their spouses;<eol/><tab/>5. Facilitate the exchange of information between member states regarding EMS personnel licensure, adverse action and significant investigatory information;<eol/><tab/>6. Promote compliance with the laws governing EMS personnel practice in each member state; and<eol/><tab/>7. Invest all member states with the authority to hold EMS personnel accountable through the mutual recognition of member state licenses.<eol/><tab/><center>SECTION 2. DEFINITIONS</center><eol/><tab/>In this compact:<eol/><tab/>A. "Advanced Emergency Medical Technician (AEMT)" means: an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.<eol/><tab/>B. "Adverse Action" means: any administrative, civil, equitable or criminal action permitted by a state's laws which may be imposed against licensed EMS personnel by a state EMS authority or state court, including, but not limited to, actions against an individual's license such as revocation, suspension, probation, consent agreement, monitoring or other limitation or encumbrance on the individual's practice, letters of reprimand or admonition, fines, criminal convictions and state court judgments enforcing adverse actions by the state EMS authority.<eol/><tab/>C. "Alternative program" means: a voluntary, non-disciplinary substance use recovery program approved by a state EMS authority.<eol/><tab/>D. "Certification" means: the successful verification of entry-level cognitive and psychomotor competency using a reliable, validated, and legally defensible examination.<eol/><tab/>E. "Commission" means: the national administrative body of which all states that have enacted the compact are members.<eol/><tab/>F. "Emergency Medical Technician (EMT)" means: an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.<eol/><tab/>G. "Home State" means: a member state where an individual is licensed to practice emergency medical services.<eol/><tab/>H. "License" means: the authorization by a state for an individual to practice as an EMT, AEMT, paramedic, or a level in between EMT and paramedic.<eol/><tab/>I. "Medical Director" means: a physician licensed in a member state who is accountable for the care delivered by EMS personnel.<eol/><tab/>J. "Member State" means: a state that has enacted this compact.<eol/><tab/>K. "Privilege to Practice" means: an individual's authority to deliver emergency medical services in remote states as authorized under this compact.<eol/><tab/>L. "Paramedic" means: an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.<eol/><tab/>M. "Remote State" means: a member state in which an individual is not licensed.<eol/><tab/>N. "Restricted" means: the outcome of an adverse action that limits a license or the privilege to practice.<eol/><tab/>O. "Rule" means: a written statement by the interstate Commission promulgated pursuant to Section 12 of this compact that is of general applicability; implements, interprets, or prescribes a policy or provision of the compact; or is an organizational, procedural, or practice requirement of the Commission and has the force and effect of statutory law in a member state and includes the amendment, repeal, or suspension of an existing rule.<eol/><tab/>P. "Scope of Practice" means: defined parameters of various duties or services that may be provided by an individual with specific credentials. Whether regulated by rule, statute, or court decision, it tends to represent the limits of services an individual may perform.<eol/><tab/>Q. "Significant Investigatory Information" means:<eol/><tab/>1. investigative information that a state EMS authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proved true, would result in the imposition of an adverse action on a license or privilege to practice; or<eol/><tab/>2. investigative information that indicates that the individual represents an immediate threat to public health and safety regardless of whether the individual has been notified and had an opportunity to respond.<eol/><tab/>R. "State" means: means any state, commonwealth, district, or territory of the United States.<eol/><tab/>S. "State EMS Authority" means: the board, office, or other agency with the legislative mandate to license EMS personnel.<eol/><tab/><center>SECTION 3. HOME STATE LICENSURE</center><eol/><tab/>A. Any member state in which an individual holds a current license shall be deemed a home state for purposes of this compact.<eol/><tab/>B. Any member state may require an individual to obtain and retain a license to be authorized to practice in the member state under circumstances not authorized by the privilege to practice under the terms of this compact.<eol/><tab/>C. A home state's license authorizes an individual to practice in a remote state under the privilege to practice only if the home state:<eol/><tab/>1. Currently requires the use of the National Registry of Emergency Medical Technicians (NREMT) examination as a condition of issuing initial licenses at the EMT and paramedic levels;<eol/><tab/>2. Has a mechanism in place for receiving and investigating complaints about individuals;<eol/><tab/>3. Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding an individual;<eol/><tab/>4. No later than five years after activation of the Compact, requires a criminal background check of all applicants for initial licensure, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation with the exception of federal employees who have suitability determination in accordance with 5 C.F.R. Sec. 731.202 and submit documentation of such as promulgated in the rules of the Commission; and<eol/><tab/>5. Complies with the rules of the Commission.<eol/><tab/><center>SECTION 4. COMPACT PRIVILEGE TO PRACTICE</center><eol/><tab/>A. Member states shall recognize the privilege to practice of an individual licensed in another member state that is in conformance with Section 3.<eol/><tab/>B. To exercise the privilege to practice under the terms and provisions of this compact, an individual must:<eol/><tab/>1. Be at least 18 years of age;<eol/><tab/>2. Possess a current unrestricted license in a member state as an EMT, AEMT, paramedic, or state recognized and licensed level with a scope of practice and authority between EMT and paramedic; and<eol/><tab/>3. Practice under the supervision of a medical director.<eol/><tab/>C. An individual providing patient care in a remote state under the privilege to practice shall function within the scope of practice authorized by the home state unless and until modified by an appropriate authority in the remote state as may be defined in the rules of the commission.<eol/><tab/>D. Except as provided in Section 4 subsection C, an individual practicing in a remote state will be subject to the remote state's authority and laws. A remote state may, in accordance with due process and that state's laws, restrict, suspend, or revoke an individual's privilege to practice in the remote state and may take any other necessary actions to protect the health and safety of its citizens. If a remote state takes action it shall promptly notify the home state and the Commission.<eol/><tab/>E. If an individual's license in any home state is restricted or suspended, the individual shall not be eligible to practice in a remote state under the privilege to practice until the individual's home state license is restored.<eol/><tab/>F. If an individual's privilege to practice in any remote state is restricted, suspended, or revoked the individual shall not be eligible to practice in any remote state until the individual's privilege to practice is restored.<eol/><tab/><center>SECTION 5. CONDITIONS OF PRACTICE IN A REMOTE STATE</center><eol/><tab/>An individual may practice in a remote state under a privilege to practice only in the performance of the individual's EMS duties as assigned by an appropriate authority, as defined in the rules of the Commission, and under the following circumstances:<eol/><tab/>1. The individual originates a patient transport in a home state and transports the patient to a remote state;<eol/><tab/>2. The individual originates in the home state and enters a remote state to pick up a patient and provide care and transport of the patient to the home state;<eol/><tab/>3. The individual enters a remote state to provide patient care and/or transport within that remote state;<eol/><tab/>4. The individual enters a remote state to pick up a patient and provide care and transport to a third member state;<eol/><tab/>5. Other conditions as determined by rules promulgated by the commission.<eol/><tab/><center>SECTION 6. RELATIONSHIP TO EMERGENCY</center><eol/><tab/><center>MANAGEMENT ASSISTANCE COMPACT</center><eol/><tab/>Upon a member state's governor's declaration of a state of emergency or disaster that activates the Emergency Management Assistance Compact (EMAC), all relevant terms and provisions of EMAC shall apply and to the extent any terms or provisions of this Compact conflicts with EMAC, the terms of EMAC shall prevail with respect to any individual practicing in the remote state in response to such declaration.<eol/><tab/><center>SECTION 7. VETERANS, SERVICE MEMBERS SEPARATING</center><eol/><tab/><center>FROM ACTIVE DUTY MILITARY, AND THEIR SPOUSES</center><eol/><tab/>A. Member states shall consider a veteran, active military service member, and member of the National Guard and Reserves separating from an active duty tour, and a spouse thereof, who holds a current valid and unrestricted NREMT certification at or above the level of the state license being sought as satisfying the minimum training and examination requirements for such licensure.<eol/><tab/>B. Member states shall expedite the processing of licensure applications submitted by veterans, active military service members, and members of the National Guard and Reserves separating from an active duty tour, and their spouses.<eol/><tab/>C. All individuals functioning with a privilege to practice under this Section remain subject to the Adverse Actions provisions of Section VIII.<eol/><tab/><center>SECTION 8. ADVERSE ACTIONS</center><eol/><tab/>A. A home state shall have exclusive power to impose adverse action against an individual's license issued by the home state.<eol/><tab/>B. If an individual's license in any home state is restricted or suspended, the individual shall not be eligible to practice in a remote state under the privilege to practice until the individual's home state license is restored.<eol/><tab/>1. All home state adverse action orders shall include a statement that the individual's compact privileges are inactive. The order may allow the individual to practice in remote states with prior written authorization from both the home state and remote state's EMS authority.<eol/><tab/>2. An individual currently subject to adverse action in the home state shall not practice in any remote state without prior written authorization from both the home state and remote state's EMS authority.<eol/><tab/>C. A member state shall report adverse actions and any occurrences that the individual's compact privileges are restricted, suspended, or revoked to the Commission in accordance with the rules of the Commission.<eol/><tab/>D. A remote state may take adverse action on an individual's privilege to practice within that state.<eol/><tab/>E. Any member state may take adverse action against an individual's privilege to practice in that state based on the factual findings of another member state, so long as each state follows its own procedures for imposing such adverse action.<eol/><tab/>F. A home state's EMS authority shall investigate and take appropriate action with respect to reported conduct in a remote state as it would if such conduct had occurred within the home state. In such cases, the home state's law shall control in determining the appropriate adverse action.<eol/><tab/>G. Nothing in this Compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the member state's laws. Member states must require individuals who enter any alternative programs to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.<eol/><tab/><center>SECTION 9. ADDITIONAL POWERS INVESTED</center><eol/><tab/><center>IN A MEMBER STATE'S EMS AUTHORITY</center><eol/><tab/>A member state's EMS authority, in addition to any other powers granted under state law, is authorized under this compact to:<eol/><tab/>1. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a member state's EMS authority for the attendance and testimony of witnesses, and/or the production of evidence from another member state, shall be enforced in the remote state by any court of competent jurisdiction, according to that court's practice and procedure in considering subpoenas issued in its own proceedings. The issuing state EMS authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses and/or evidence are located; and<eol/><tab/>2. Issue cease and desist orders to restrict, suspend, or revoke an individual's privilege to practice in the state.<eol/><tab/><center>SECTION 10. ESTABLISHMENT OF THE INTERSTATE</center><eol/><tab/><center>COMMISSION FOR EMS PERSONNEL PRACTICE</center><eol/><tab/>A. The Compact states hereby create and establish a joint public agency known as the Interstate Commission for EMS Personnel Practice.<eol/><tab/>1. The Commission is a body politic and an instrumentality of the Compact states.<eol/><tab/>2. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.<eol/><tab/>3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.<eol/><tab/>B. Membership, Voting, and Meetings<eol/><tab/>1. Each member state shall have and be limited to one (1) delegate. The responsible official of the state EMS authority or his designee shall be the delegate to this Compact for each member state. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws of the member state in which the vacancy exists. In the event that more than one board, office, or other agency with the legislative mandate to license EMS personnel at and above the level of EMT exists, the Governor of the state will determine which entity will be responsible for assigning the delegate.<eol/><tab/>2. Each delegate shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.<eol/><tab/>3. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.<eol/><tab/>4. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section XII.<eol/><tab/>5. The Commission may convene in a closed, non-public meeting if the Commission must discuss:<eol/><tab/>a. Non-compliance of a member state with its obligations under the Compact;<eol/><tab/>b. The employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures;<eol/><tab/>c. Current, threatened, or reasonably anticipated litigation;<eol/><tab/>d. Negotiation of contracts for the purchase or sale of goods, services, or real estate;<eol/><tab/>e. Accusing any person of a crime or formally censuring any person;<eol/><tab/>f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;<eol/><tab/>g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;<eol/><tab/>h. Disclosure of investigatory records compiled for law enforcement purposes;<eol/><tab/>i. Disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; or<eol/><tab/>j. Matters specifically exempted from disclosure by federal or member state statute.<eol/><tab/>6. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.<eol/><tab/>C. The Commission shall, by a majority vote of the delegates, prescribe bylaws and/or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the compact, including but not limited to:<eol/><tab/>1. Establishing the fiscal year of the Commission;<eol/><tab/>2. Providing reasonable standards and procedures:<eol/><tab/>a. for the establishment and meetings of other committees; and<eol/><tab/>b. governing any general or specific delegation of any authority or function of the Commission;<eol/><tab/>3. Providing reasonable procedures for calling and conducting meetings of the Commission, ensuring reasonable advance notice of all meetings, and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals, and proprietary information, including trade secrets. The Commission may meet in closed session only after a majority of the membership votes to close a meeting in whole or in part. As soon as practicable, the Commission must make public a copy of the vote to close the meeting revealing the vote of each member with no proxy votes allowed;<eol/><tab/>4. Establishing the titles, duties and authority, and reasonable procedures for the election of the officers of the Commission;<eol/><tab/>5. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission. Notwithstanding any civil service or other similar laws of any member state, the bylaws shall exclusively govern the personnel policies and programs of the Commission;<eol/><tab/>6. Promulgating a code of ethics to address permissible and prohibited activities of Commission members and employees;<eol/><tab/>7. Providing a mechanism for winding up the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of the Compact after the payment and/or reserving of all of its debts and obligations;<eol/><tab/>8. The Commission shall publish its bylaws and file a copy thereof, and a copy of any amendment thereto, with the appropriate agency or officer in each of the member states, if any;<eol/><tab/>9. The Commission shall maintain its financial records in accordance with the bylaws; and<eol/><tab/>10. The Commission shall meet and take such actions as are consistent with the provisions of this Compact and the bylaws.<eol/><tab/>D. The Commission shall have the following powers:<eol/><tab/>1. The authority to promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all member states;<eol/><tab/>2. To bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state EMS authority or other regulatory body responsible for EMS personnel licensure to sue or be sued under applicable law shall not be affected;<eol/><tab/>3. To purchase and maintain insurance and bonds;<eol/><tab/>4. To borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;<eol/><tab/>5. To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and to establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;<eol/><tab/>6. To accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall strive to avoid any appearance of impropriety and/or conflict of interest;<eol/><tab/>7. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall strive to avoid any appearance of impropriety;<eol/><tab/>8. To sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;<eol/><tab/>9. To establish a budget and make expenditures;<eol/><tab/>10. To borrow money;<eol/><tab/>11. To appoint committees, including advisory committees comprised of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws;<eol/><tab/>12. To provide and receive information from, and to cooperate with, law enforcement agencies;<eol/><tab/>13. To adopt and use an official seal; and<eol/><tab/>14. To perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of EMS personnel licensure and practice.<eol/><tab/>E. Financing of the Commission<eol/><tab/>1. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.<eol/><tab/>2. The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.<eol/><tab/>3. The Commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule binding upon all member states.<eol/><tab/>4. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.<eol/><tab/>5. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.<eol/><tab/>F. Qualified Immunity, Defense, and Indemnification<eol/><tab/>1. The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.<eol/><tab/>2. The Commission shall defend any member, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.<eol/><tab/>3. The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.<eol/><tab/><center>SECTION 11. COORDINATED DATABASE</center><eol/><tab/>A. The Commission shall provide for the development and maintenance of a coordinated database and reporting system containing licensure, adverse action, and significant investigatory information on all licensed individuals in member states.<eol/><tab/>B. Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the coordinated database on all individuals to whom this compact is applicable as required by the rules of the Commission, including:<eol/><tab/>1. Identifying information;<eol/><tab/>2. Licensure data;<eol/><tab/>3. Significant investigatory information;<eol/><tab/>4. Adverse actions against an individual's license;<eol/><tab/>5. An indicator that an individual's privilege to practice is restricted, suspended or revoked;<eol/><tab/>6. Non-confidential information related to alternative program participation;<eol/><tab/>7. Any denial of application for licensure, and the reason(s) for such denial; and<eol/><tab/>8. Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.<eol/><tab/>C. The coordinated database administrator shall promptly notify all member states of any adverse action taken against, or significant investigative information on, any individual in a member state.<eol/><tab/>D. Member states contributing information to the coordinated database may designate information that may not be shared with the public without the express permission of the contributing state.<eol/><tab/>E. Any information submitted to the coordinated database that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the coordinated database.<eol/><tab/><center>SECTION 12. RULEMAKING</center><eol/><tab/>A. The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.<eol/><tab/>B. If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact, then such rule shall have no further force and effect in any member state.<eol/><tab/>C. Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.<eol/><tab/>D. Prior to promulgation and adoption of a final rule or rules by the Commission, and at least sixty (60) days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:<eol/><tab/>1. On the website of the Commission; and<eol/><tab/>2. On the website of each member state EMS authority or the publication in which each state would otherwise publish proposed rules.<eol/><tab/>E. The Notice of Proposed Rulemaking shall include:<eol/><tab/>1. The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;<eol/><tab/>2. The text of the proposed rule or amendment and the reason for the proposed rule;<eol/><tab/>3. A request for comments on the proposed rule from any interested person; and<eol/><tab/>4. The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.<eol/><tab/>F. Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.<eol/><tab/>G. The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:<eol/><tab/>1. At least twenty-five (25) persons;<eol/><tab/>2. A governmental subdivision or agency; or<eol/><tab/>3. An association having at least twenty-five (25) members.<eol/><tab/>H. If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing.<eol/><tab/>1. All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.<eol/><tab/>2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.<eol/><tab/>3. No transcript of the hearing is required, unless a written request for a transcript is made, in which case the person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This subsection shall not preclude the Commission from making a transcript or recording of the hearing if it so chooses.<eol/><tab/>4. Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.<eol/><tab/>I. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.<eol/><tab/>J. The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.<eol/><tab/>K. If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.<eol/><tab/>L. Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:<eol/><tab/>1. Meet an imminent threat to public health, safety, or welfare;<eol/><tab/>2. Prevent a loss of Commission or member state funds;<eol/><tab/>3. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or<eol/><tab/>4. Protect public health and safety.<eol/><tab/>M. The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.<eol/><tab/><center>SECTION 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT</center><eol/><tab/>A. Oversight<eol/><tab/>1. The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.<eol/><tab/>2. All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the Commission.<eol/><tab/>3. The Commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated rules.<eol/><tab/>B. Default, Technical Assistance, and Termination<eol/><tab/>1. If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the Commission shall:<eol/><tab/>a. Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default and/or any other action to be taken by the Commission; and<eol/><tab/>b. Provide remedial training and specific technical assistance regarding the default.<eol/><tab/>2. If a state in default fails to cure the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the member states, and all rights, privileges and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.<eol/><tab/>3. Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.<eol/><tab/>4. A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.<eol/><tab/>5. The Commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the Commission and the defaulting state.<eol/><tab/>6. The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney fees.<eol/><tab/>C. Dispute Resolution<eol/><tab/>1. Upon request by a member state, the Commission shall attempt to resolve disputes related to the compact that arise among member states and between member and non-member states.<eol/><tab/>2. The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.<eol/><tab/>D. Enforcement<eol/><tab/>1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.<eol/><tab/>2. By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney fees.<eol/><tab/>3. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.<eol/><tab/><center>SECTION 14. DATE OF IMPLEMENTATION OF THE INTERSTATE</center><eol/><tab/><center>COMMISSION FOR EMS PERSONNEL PRACTICE AND</center><eol/><tab/><center>ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT</center><eol/><tab/>A. The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.<eol/><tab/>B. Any state that joins the compact subsequent to the Commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the compact becomes law in that state.<eol/><tab/>C. Any member state may withdraw from this compact by enacting a statute repealing the same.<eol/><tab/>1. A member state's withdrawal shall not take effect until six (6) months after enactment of the repealing statute.<eol/><tab/>2. Withdrawal shall not affect the continuing requirement of the withdrawing state's EMS authority to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.<eol/><tab/>D. Nothing contained in this compact shall be construed to invalidate or prevent any EMS personnel licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this compact.<eol/><tab/>E. This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.<eol/><tab/><center>SECTION 15. CONSTRUCTION AND SEVERABILITY</center><eol/><tab/>This Compact shall be liberally construed so as to effectuate the purposes thereof. If this compact shall be held contrary to the constitution of any state member thereto, the compact shall remain in full force and effect as to the remaining member states. Nothing in this compact supersedes state law or rules related to licensure of EMS agencies.</section></chapter><chapter number="53-3"><catchline>Uniform Driver License Act</catchline><part number="53-3-1"><catchline>Driver License Division Administration</catchline><section number="53-3-101"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Short title.</catchline><tab/>This chapter is known as the "Uniform Driver License Act." </section><section number="53-3-102"><histories><history>Amended by Chapter <modchap sess="2025GS">471</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this chapter:<subsection number="53-3-102(1)">"Autocycle" means a motor vehicle that:<subsection number="53-3-102(1)(a)">is designed to travel with three or fewer wheels in contact with the ground; and</subsection><subsection number="53-3-102(1)(b)">is equipped with:<subsection number="53-3-102(1)(b)(i)">a steering mechanism;</subsection><subsection number="53-3-102(1)(b)(ii)">seat belts; and</subsection><subsection number="53-3-102(1)(b)(iii)">seating that does not require the operator to straddle or sit astride the motor vehicle.</subsection></subsection></subsection><subsection number="53-3-102(2)">"Cancellation" means the termination by the division of a license issued through error or fraud or for which consent under Section <xref depth="3" refnumber="53-3-211">53-3-211</xref> has been withdrawn.</subsection><subsection number="53-3-102(3)">"Class D license" means the class of license issued to drive motor vehicles not defined as commercial motor vehicles or motorcycles under this chapter.</subsection><subsection number="53-3-102(4)">"Commercial driver instruction permit" or "CDIP" means a commercial learner permit:<subsection number="53-3-102(4)(a)">issued under Section <xref depth="3" refnumber="53-3-408">53-3-408</xref>; or</subsection><subsection number="53-3-102(4)(b)">issued by a state or other jurisdiction of domicile in compliance with the standards contained in 49 C.F.R. Part 383.</subsection></subsection><subsection number="53-3-102(5)">"Commercial driver license" or "CDL" means a license:<subsection number="53-3-102(5)(a)">issued substantially in accordance with the requirements of Title XII, Pub. L. 99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4, Uniform Commercial Driver License Act, which authorizes the holder to drive a class of commercial motor vehicle; and</subsection><subsection number="53-3-102(5)(b)">that was obtained by providing evidence of lawful presence in the United States with one of the document requirements described in Subsection <xref depth="4" refnumber="53-3-410(1)(i)(i)">53-3-410(1)(i)(i)</xref>.</subsection></subsection><subsection number="53-3-102(6)"><subsection number="53-3-102(6)(a)">"Commercial driver license motor vehicle record" or "CDL MVR" means a driving record that:<subsection number="53-3-102(6)(a)(i)">applies to a person who holds or is required to hold a commercial driver instruction permit or a CDL license; and</subsection><subsection number="53-3-102(6)(a)(ii)">contains the following:<subsection number="53-3-102(6)(a)(ii)(A)">information contained in the driver history, including convictions, pleas held in abeyance, disqualifications, and other licensing actions for violations of any state or local law relating to motor vehicle traffic control, committed in any type of vehicle;</subsection><subsection number="53-3-102(6)(a)(ii)(B)">driver self-certification status information under Section <xref depth="3" refnumber="53-3-410.1">53-3-410.1</xref>; and</subsection><subsection number="53-3-102(6)(a)(ii)(C)">information from medical certification record keeping in accordance with 49 C.F.R. Sec. 383.73(o).</subsection></subsection></subsection><subsection number="53-3-102(6)(b)">"Commercial driver license motor vehicle record" or "CDL MVR" does not mean a motor vehicle record described in Subsection (32).</subsection></subsection><subsection number="53-3-102(7)"><subsection number="53-3-102(7)(a)">"Commercial motor vehicle" means a motor vehicle or combination of motor vehicles designed or used to transport passengers or property if the motor vehicle:<subsection number="53-3-102(7)(a)(i)">has a gross vehicle weight rating or gross vehicle weight of 26,001 or more pounds, or gross combination weight rating or gross combination weight of 26,001 or more pounds or a lesser rating as determined by federal regulation;</subsection><subsection number="53-3-102(7)(a)(ii)">is designed to transport 16 or more passengers, including the driver; or</subsection><subsection number="53-3-102(7)(a)(iii)">is transporting hazardous materials and is required to be placarded in accordance with 49 C.F.R. Part 172, Subpart F.</subsection></subsection><subsection number="53-3-102(7)(b)">The following vehicles are not considered a commercial motor vehicle for purposes of Part 4, Uniform Commercial Driver License Act:<subsection number="53-3-102(7)(b)(i)">equipment owned and operated by the United States Department of Defense when driven by any active duty military personnel and members of the reserves and national guard on active duty including personnel on full-time national guard duty, personnel on part-time training, and national guard military technicians and civilians who are required to wear military uniforms and are subject to the code of military justice;</subsection><subsection number="53-3-102(7)(b)(ii)">vehicles controlled and driven by a farmer to transport agricultural products, farm machinery, or farm supplies to or from a farm within 150 miles of his farm but not in operation as a motor carrier for hire;</subsection><subsection number="53-3-102(7)(b)(iii)">firefighting and emergency vehicles;</subsection><subsection number="53-3-102(7)(b)(iv)">recreational vehicles that are not used in commerce and are driven solely as family or personal conveyances for recreational purposes; and</subsection><subsection number="53-3-102(7)(b)(v)">vehicles used to provide transportation network services, as defined in Section <xref depth="3" refnumber="13-51-102">13-51-102</xref>.</subsection></subsection></subsection><subsection number="53-3-102(8)">"Conviction" means any of the following:<subsection number="53-3-102(8)(a)">an unvacated adjudication of guilt or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an administrative proceeding;</subsection><subsection number="53-3-102(8)(b)">an unvacated forfeiture of bail or collateral deposited to secure a person's appearance in court;</subsection><subsection number="53-3-102(8)(c)">a plea of guilty or nolo contendere accepted by the court;</subsection><subsection number="53-3-102(8)(d)">the payment of a fine or court costs; or</subsection><subsection number="53-3-102(8)(e)">violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended, or probated.</subsection></subsection><subsection number="53-3-102(9)">"Denial" or "denied" means the withdrawal of a driving privilege by the division to which the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or Operator's Security, do not apply.</subsection><subsection number="53-3-102(10)">"Director" means the division director appointed under Section <xref depth="3" refnumber="53-3-103">53-3-103</xref>.</subsection><subsection number="53-3-102(11)">"Disqualification" means either:<subsection number="53-3-102(11)(a)">the suspension, revocation, cancellation, denial, or any other withdrawal by a state of a person's privileges to drive a commercial motor vehicle;</subsection><subsection number="53-3-102(11)(b)">a determination by the Federal Highway Administration, under 49 C.F.R. Part 386, that a person is no longer qualified to drive a commercial motor vehicle under 49 C.F.R. Part 391; or</subsection><subsection number="53-3-102(11)(c)">the loss of qualification that automatically follows conviction of an offense listed in 49 C.F.R. Part 383.51.</subsection></subsection><subsection number="53-3-102(12)">"Division" means the Driver License Division of the department created in Section <xref depth="3" refnumber="53-3-103">53-3-103</xref>.</subsection><subsection number="53-3-102(13)">"Downgrade" means to obtain a lower license class than what was originally issued during an existing license cycle.</subsection><subsection number="53-3-102(14)">"Drive" means:<subsection number="53-3-102(14)(a)">to operate or be in physical control of a motor vehicle upon a highway; and</subsection><subsection number="53-3-102(14)(b)">in Subsections <xref depth="4" refnumber="53-3-414(1)">53-3-414(1)</xref> through (3), Subsection <xref depth="4" refnumber="53-3-414(5)">53-3-414(5)</xref>, and Sections <xref depth="3" refnumber="53-3-417">53-3-417</xref> and <xref depth="3" refnumber="53-3-418">53-3-418</xref>, the operation or physical control of a motor vehicle at any place within the state.</subsection></subsection><subsection number="53-3-102(15)"><subsection number="53-3-102(15)(a)">"Driver" means an individual who drives, or is in actual physical control of a motor vehicle in any location open to the general public for purposes of vehicular traffic.</subsection><subsection number="53-3-102(15)(b)">In Part 4, Uniform Commercial Driver License Act, "driver" includes any person who is required to hold a CDL under Part 4, Uniform Commercial Driver License Act, or federal law.</subsection></subsection><subsection number="53-3-102(16)">"Driving privilege card" means the evidence of the privilege granted and issued under this chapter to drive a motor vehicle to a person whose privilege was obtained without providing evidence of lawful presence in the United States.</subsection><subsection number="53-3-102(17)">"Electronic license certificate" means the evidence, in an electronic format as described in Section <xref depth="3" refnumber="53-3-235">53-3-235</xref>, of a privilege granted under this chapter to drive a motor vehicle.</subsection><subsection number="53-3-102(18)">"Extension" means a renewal completed in a manner specified by the division.</subsection><subsection number="53-3-102(19)">"Farm tractor" means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.</subsection><subsection number="53-3-102(20)">"Highway" means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public, as a matter of right, for traffic.</subsection><subsection number="53-3-102(21)">"Human driver" means the same as that term is defined in Section <xref depth="3" refnumber="41-26-102.1">41-26-102.1</xref>.</subsection><subsection number="53-3-102(22)">"Identification card" means a card issued under Part 8, Identification Card Act, to a person for identification purposes.</subsection><subsection number="53-3-102(23)">"Indigent" means that a person's income falls below the federal poverty guideline issued annually by the United States Department of Health and Human Services in the Federal Register.</subsection><subsection number="53-3-102(24)">"Interdicted person" means the same as that term is defined in Section <xref depth="3" refnumber="32B-1-102">32B-1-102</xref>.</subsection><subsection number="53-3-102(25)">"Interdicted person identifier" means language and other security features on a license certificate or identification card indicating that the person is an interdicted person, which features include:<subsection number="53-3-102(25)(a)">the language "No Alcohol Sale"; and</subsection><subsection number="53-3-102(25)(b)">other security features identifying the individual as being restricted from purchasing alcohol, including a prominent red stripe on the front of the license or identification card.</subsection></subsection><subsection number="53-3-102(26)">"License" means the privilege to drive a motor vehicle.</subsection><subsection number="53-3-102(27)"><subsection number="53-3-102(27)(a)">"License certificate" means the evidence of the privilege issued under this chapter to drive a motor vehicle.</subsection><subsection number="53-3-102(27)(b)">"License certificate" evidence includes:<subsection number="53-3-102(27)(b)(i)">a regular license certificate;</subsection><subsection number="53-3-102(27)(b)(ii)">a limited-term license certificate;</subsection><subsection number="53-3-102(27)(b)(iii)">a driving privilege card;</subsection><subsection number="53-3-102(27)(b)(iv)">a CDL license certificate;</subsection><subsection number="53-3-102(27)(b)(v)">a limited-term CDL license certificate;</subsection><subsection number="53-3-102(27)(b)(vi)">a temporary regular license certificate;</subsection><subsection number="53-3-102(27)(b)(vii)">a temporary limited-term license certificate; and</subsection><subsection number="53-3-102(27)(b)(viii)">an electronic license certificate created in Section <xref depth="3" refnumber="53-3-235">53-3-235</xref>.</subsection></subsection></subsection><subsection number="53-3-102(28)">"Limited-term commercial driver license" or "limited-term CDL" means a license:<subsection number="53-3-102(28)(a)">issued substantially in accordance with the requirements of Title XII, Pub. L. No. 99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4, Uniform Commercial Driver License Act, which authorizes the holder to drive a class of commercial motor vehicle; and</subsection><subsection number="53-3-102(28)(b)">that was obtained by providing evidence of lawful presence in the United States with one of the document requirements described in Subsection <xref depth="4" refnumber="53-3-410(1)(i)(ii)">53-3-410(1)(i)(ii)</xref>.</subsection></subsection><subsection number="53-3-102(29)">"Limited-term identification card" means an identification card issued under this chapter to a person whose card was obtained by providing evidence of lawful presence in the United States with one of the document requirements described in Subsection <xref depth="4" refnumber="53-3-804(2)(i)(ii)">53-3-804(2)(i)(ii)</xref>.</subsection><subsection number="53-3-102(30)">"Limited-term license certificate" means the evidence of the privilege granted and issued under this chapter to drive a motor vehicle to a person whose privilege was obtained providing evidence of lawful presence in the United States with one of the document requirements described in Subsection <xref depth="4" refnumber="53-3-205(8)(a)(ii)(B)">53-3-205(8)(a)(ii)(B)</xref>.</subsection><subsection number="53-3-102(31)">"Motor vehicle" means the same as that term is defined in Section <xref depth="3" refnumber="41-1a-102">41-1a-102</xref>.</subsection><subsection number="53-3-102(32)">"Motor vehicle record" or "MVR" means a driving record under Subsection <xref depth="4" refnumber="53-3-109(7)(a)">53-3-109(7)(a)</xref>.</subsection><subsection number="53-3-102(33)">"Motorboat" means the same as that term is defined in Section <xref depth="3" refnumber="73-18-2">73-18-2</xref>.</subsection><subsection number="53-3-102(34)">"Motorcycle" means every motor vehicle, other than a tractor, having a seat or saddle for the use of the rider and designed to travel with not more than three wheels in contact with the ground.</subsection><subsection number="53-3-102(35)">"Office of Recovery Services" means the Office of Recovery Services, created in Section <xref depth="3" refnumber="26B-9-103">26B-9-103</xref>.</subsection><subsection number="53-3-102(36)">"Operate" means the same as that term is defined in Section <xref depth="3" refnumber="41-1a-102">41-1a-102</xref>.</subsection><subsection number="53-3-102(37)"><subsection number="53-3-102(37)(a)">"Owner" means a person other than a lien holder having an interest in the property or title to a vehicle.</subsection><subsection number="53-3-102(37)(b)">"Owner" includes a person entitled to the use and possession of a vehicle subject to a security interest in another person but excludes a lessee under a lease not intended as security.</subsection></subsection><subsection number="53-3-102(38)">"Penalty accounts receivable" means a fine, restitution, forfeiture, fee, surcharge, or other financial penalty imposed on an individual by a court or other government entity.</subsection><subsection number="53-3-102(39)"><subsection number="53-3-102(39)(a)">"Private passenger carrier" means any motor vehicle for hire that is:<subsection number="53-3-102(39)(a)(i)">designed to transport 15 or fewer passengers, including the driver; and</subsection><subsection number="53-3-102(39)(a)(ii)">operated to transport an employee of the person that hires the motor vehicle.</subsection></subsection><subsection number="53-3-102(39)(b)">"Private passenger carrier" does not include:<subsection number="53-3-102(39)(b)(i)">a taxicab;</subsection><subsection number="53-3-102(39)(b)(ii)">a motor vehicle driven by a transportation network driver as defined in Section <xref depth="3" refnumber="13-51-102">13-51-102</xref>;</subsection><subsection number="53-3-102(39)(b)(iii)">a motor vehicle driven for transportation network services as defined in Section <xref depth="3" refnumber="13-51-102">13-51-102</xref>; and</subsection><subsection number="53-3-102(39)(b)(iv)">a motor vehicle driven for a transportation network company as defined in Section <xref depth="3" refnumber="13-51-102">13-51-102</xref> and registered with the Division of Consumer Protection as described in Section <xref depth="3" refnumber="13-51-104">13-51-104</xref>.</subsection></subsection></subsection><subsection number="53-3-102(40)">"Regular identification card" means an identification card issued under this chapter to a person whose card was obtained by providing evidence of lawful presence in the United States with one of the document requirements described in Subsection <xref depth="4" refnumber="53-3-804(2)(i)(i)">53-3-804(2)(i)(i)</xref>.</subsection><subsection number="53-3-102(41)">"Regular license certificate" means the evidence of the privilege issued under this chapter to drive a motor vehicle whose privilege was obtained by providing evidence of lawful presence in the United States with one of the document requirements described in Subsection <xref depth="4" refnumber="53-3-205(8)(a)(ii)(A)">53-3-205(8)(a)(ii)(A)</xref>.</subsection><subsection number="53-3-102(42)">"Renewal" means to validate a license certificate so that it expires at a later date.</subsection><subsection number="53-3-102(43)">"Reportable violation" means an offense required to be reported to the division as determined by the division and includes those offenses against which points are assessed under Section <xref depth="3" refnumber="53-3-221">53-3-221</xref>.</subsection><subsection number="53-3-102(44)"><subsection number="53-3-102(44)(a)">"Resident" means an individual who:<subsection number="53-3-102(44)(a)(i)">has established a domicile in this state, as defined in Section <xref depth="3" refnumber="41-1a-202">41-1a-202</xref>, or regardless of domicile, remains in this state for an aggregate period of six months or more during any calendar year;</subsection><subsection number="53-3-102(44)(a)(ii)">engages in a trade, profession, or occupation in this state, or who accepts employment in other than seasonal work in this state, and who does not commute into the state;</subsection><subsection number="53-3-102(44)(a)(iii)">declares himself to be a resident of this state by obtaining a valid Utah driver license certificate or motor vehicle registration; or</subsection><subsection number="53-3-102(44)(a)(iv)">declares himself a resident of this state to obtain privileges not ordinarily extended to nonresidents, including going to school, or placing children in school without paying nonresident tuition or fees.</subsection></subsection><subsection number="53-3-102(44)(b)">"Resident" does not include any of the following:<subsection number="53-3-102(44)(b)(i)">a member of the military, temporarily stationed in this state;</subsection><subsection number="53-3-102(44)(b)(ii)">an out-of-state student, as classified by an institution of higher education, regardless of whether the student engages in any type of employment in this state;</subsection><subsection number="53-3-102(44)(b)(iii)">a person domiciled in another state or country, who is temporarily assigned in this state, assigned by or representing an employer, religious or private organization, or a governmental entity; or</subsection><subsection number="53-3-102(44)(b)(iv)">an immediate family member who resides with or a household member of a person listed in Subsections (44)(b)(i) through (iii).</subsection></subsection></subsection><subsection number="53-3-102(45)">"Revocation" means the termination by action of the division of a licensee's privilege to drive a motor vehicle.</subsection><subsection number="53-3-102(46)"><subsection number="53-3-102(46)(a)">"School bus" means a commercial motor vehicle used to transport pre-primary, primary, or secondary school students to and from home and school, or to and from school sponsored events.</subsection><subsection number="53-3-102(46)(b)">"School bus" does not include a bus used as a common carrier as defined in Section <xref depth="3" refnumber="59-12-102">59-12-102</xref>.</subsection></subsection><subsection number="53-3-102(47)">"Suspension" means the temporary withdrawal by action of the division of a licensee's privilege to drive a motor vehicle.</subsection><subsection number="53-3-102(48)">"Taxicab" means any class D motor vehicle transporting any number of passengers for hire and that is subject to state or federal regulation as a taxi.</subsection></section><section number="53-3-103"><histories><history>Amended by Chapter <modchap sess="2021GS">345</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Driver License Division -- Creation -- Director -- Appointment -- Term -- Compensation.</catchline><subsection number="53-3-103(1)"> There is created within the department the Driver License Division.</subsection><subsection number="53-3-103(2)"> The division shall be administered by a director appointed by the commissioner with the approval of the governor.</subsection><subsection number="53-3-103(3)"> The director is the executive and administrative head of the division and shall be experienced in administration and possess additional qualifications as determined by the commissioner and as provided by law.</subsection><subsection number="53-3-103(4)"> The director acts under the supervision and control of the commissioner and may be removed from his position at the will of the commissioner.</subsection><subsection number="53-3-103(5)"> The director shall receive compensation as provided by <xref depth="1" refnumber="63A-17" start="0">Title 63A, Chapter 17, Utah State Personnel Management Act</xref>.</subsection></section><section number="53-3-104"><histories><history>Amended by Chapter <modchap sess="2025GS">471</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Division duties.</catchline><tab/>The division shall:<subsection number="53-3-104(1)">in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules:<subsection number="53-3-104(1)(a)">for examining applicants for a license, as necessary for the safety and welfare of the traveling public;</subsection><subsection number="53-3-104(1)(b)">for acceptable documentation of an applicant's identity, Social Security number, Utah resident status, Utah residence address, proof of legal presence, proof of citizenship in the United States, honorable or general discharge from the United States military, and other proof or documentation required under this chapter;</subsection><subsection number="53-3-104(1)(c)">for acceptable documentation to verify that an individual is in the state's legal custody as verified by the Division of Child and Family Services within the Department of Health and Human Services, for purposes of residency and address verification;</subsection><subsection number="53-3-104(1)(d)">to allow an individual who is verified to be in the legal custody of the state pursuant to Subsection <xref refnumber="53-3-104(1)(c)" depth="4">(1)(c)</xref> to use the address of a local Division of Child and Family Services office as the individual's residence address;</subsection><subsection number="53-3-104(1)(e)">for acceptable documentation to verify that an individual is homeless as verified by the Department of Workforce Services, for purposes of residency, address verification, and obtaining a fee waiver;</subsection><subsection number="53-3-104(1)(f)">regarding the restrictions to be imposed on an individual driving a motor vehicle with a temporary learner permit or learner permit;</subsection><subsection number="53-3-104(1)(g)">regarding the format and restrictions for an interdicted person identifier on a license certificate and identification card;</subsection><subsection number="53-3-104(1)(h)">for exemptions from licensing requirements as authorized in this chapter;</subsection><subsection number="53-3-104(1)(i)">establishing procedures for the storage and maintenance of applicant information provided in accordance with Section <xref depth="3" refnumber="53-3-205">53-3-205</xref>, <xref depth="3" refnumber="53-3-410">53-3-410</xref>, or <xref depth="3" refnumber="53-3-804">53-3-804</xref>; and</subsection><subsection number="53-3-104(1)(j)">to provide educational information to each applicant for a license, which information shall be based on data provided by the Division of Air Quality, including:<subsection number="53-3-104(1)(j)(i)">ways drivers can improve air quality; and</subsection><subsection number="53-3-104(1)(j)(ii)">the harmful effects of vehicle emissions;</subsection></subsection></subsection><subsection number="53-3-104(2)">examine each applicant according to the class of license applied for;</subsection><subsection number="53-3-104(3)">license motor vehicle drivers;</subsection><subsection number="53-3-104(4)">file every application for a license received by the division and shall maintain indices containing:<subsection number="53-3-104(4)(a)">all applications denied and the reason each was denied;</subsection><subsection number="53-3-104(4)(b)">all applications granted; and</subsection><subsection number="53-3-104(4)(c)">the name of every licensee whose license has been suspended, disqualified, or revoked by the division and the reasons for the action;</subsection></subsection><subsection number="53-3-104(5)">suspend, revoke, disqualify, cancel, or deny any license issued in accordance with this chapter;</subsection><subsection number="53-3-104(6)">file all accident reports and abstracts of court records of convictions received by the division under state law;</subsection><subsection number="53-3-104(7)">maintain a record of each licensee showing the licensee's convictions and the traffic accidents in which the licensee has been involved where a conviction has resulted;</subsection><subsection number="53-3-104(8)">consider the record of a licensee upon an application for renewal of a license and at other appropriate times;</subsection><subsection number="53-3-104(9)">search the license files, compile, and furnish a report on the driving record of any individual licensed in the state in accordance with Section <xref depth="3" refnumber="53-3-109">53-3-109</xref>;</subsection><subsection number="53-3-104(10)">develop and implement a record system as required by Section <xref depth="3" refnumber="41-6a-604">41-6a-604</xref>;</subsection><subsection number="53-3-104(11)">in accordance with Section <xref depth="3" refnumber="53G-10-507">53G-10-507</xref>, establish:<subsection number="53-3-104(11)(a)">procedures and standards to certify teachers of driver education classes to administer knowledge and skills tests;</subsection><subsection number="53-3-104(11)(b)">minimal standards for the tests; and</subsection><subsection number="53-3-104(11)(c)">procedures to enable school districts to administer or process any tests for students to receive a class D operator's license;</subsection></subsection><subsection number="53-3-104(12)">in accordance with Section <xref depth="3" refnumber="53-3-510">53-3-510</xref>, establish:<subsection number="53-3-104(12)(a)">procedures and standards to certify licensed instructors of commercial driver training school courses to administer the skills test;</subsection><subsection number="53-3-104(12)(b)">minimal standards for the test; and</subsection><subsection number="53-3-104(12)(c)">procedures to enable licensed commercial driver training schools to administer or process skills tests for students to receive a class D operator's license;</subsection></subsection><subsection number="53-3-104(13)">provide administrative support to the Driver License Medical Advisory Board created in Section <xref depth="3" refnumber="53-3-303">53-3-303</xref>;</subsection><subsection number="53-3-104(14)">upon request by the lieutenant governor, provide the lieutenant governor with a digital copy of the driver license or identification card signature of an individual who is an applicant for voter registration under Section <xref depth="3" refnumber="20A-2-206">20A-2-206</xref>; </subsection><subsection number="53-3-104(15)">in accordance with Section <xref depth="3" refnumber="53-3-407.1">53-3-407.1</xref>, establish:<subsection number="53-3-104(15)(a)">procedures and standards to license a commercial driver license third party tester or commercial driver license third party examiner to administer the commercial driver license skills tests;</subsection><subsection number="53-3-104(15)(b)">minimum standards for the commercial driver license skills test; and</subsection><subsection number="53-3-104(15)(c)">procedures to enable a licensed commercial driver license third party tester or commercial driver license third party examiner to administer a commercial driver license skills test for an applicant to receive a commercial driver license;</subsection></subsection><subsection number="53-3-104(16)">receive from the Department of Health and Human Services a result from a blood or urine test of an individual arrested for driving under the influence and use the blood or urine test result in an administrative hearing or agency review involving the individual who is the subject of the blood or urine test as described in Section <xref depth="3" refnumber="53-3-111">53-3-111</xref>; and</subsection><subsection number="53-3-104(17)">as soon as practicable, ensure that a license and identification card includes the ability to provide information about restrictions on the license or identification card through an electronic scan.</subsection></section><section number="53-3-105"><histories><history>Amended by Chapter <modchap sess="2026GS">337</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Fees for licenses, renewals, extensions, reinstatements, rescheduling, and identification cards.</catchline><tab/>Except as provided in Subsection <xref depth="4" refnumber="53-3-105(39)">(39)</xref>, the following fees apply under this chapter:<subsection number="53-3-105(1)">An original class D license application under Section <xref depth="3" refnumber="53-3-205">53-3-205</xref> is $52.</subsection><subsection number="53-3-105(2)">An original provisional license application for a class D license under Section <xref depth="3" refnumber="53-3-205">53-3-205</xref> is $39.</subsection><subsection number="53-3-105(3)">An original limited term license application under Section <xref depth="3" refnumber="53-3-205">53-3-205</xref> is $32.</subsection><subsection number="53-3-105(4)">An original application for a motorcycle endorsement under Section <xref depth="3" refnumber="53-3-205">53-3-205</xref> is $18.</subsection><subsection number="53-3-105(5)">An original application for a taxicab endorsement under Section <xref depth="3" refnumber="53-3-205">53-3-205</xref> is $14.</subsection><subsection number="53-3-105(6)">A learner permit application under Section <xref depth="3" refnumber="53-3-210.5">53-3-210.5</xref> is $19.</subsection><subsection number="53-3-105(7)">A renewal of a class D license under Section <xref depth="3" refnumber="53-3-214">53-3-214</xref> is $52 unless Subsection <xref depth="4" refnumber="53-3-105(12)">(12)</xref> applies.</subsection><subsection number="53-3-105(8)">A renewal of a provisional license application for a class D license under Section <xref depth="3" refnumber="53-3-214">53-3-214</xref> is $52.</subsection><subsection number="53-3-105(9)">A renewal of a limited term license application under Section <xref depth="3" refnumber="53-3-214">53-3-214</xref> is $32.</subsection><subsection number="53-3-105(10)">A renewal of a motorcycle endorsement under Section <xref depth="3" refnumber="53-3-214">53-3-214</xref> is $18.</subsection><subsection number="53-3-105(11)">A renewal of a taxicab endorsement under Section <xref depth="3" refnumber="53-3-214">53-3-214</xref> is $14.</subsection><subsection number="53-3-105(12)">A renewal of a class D license for an individual 65 and older under Section <xref depth="3" refnumber="53-3-214">53-3-214</xref> is $27.</subsection><subsection number="53-3-105(13)">An extension of a class D license under Section <xref depth="3" refnumber="53-3-214">53-3-214</xref> is $42 unless Subsection <xref depth="4" refnumber="53-3-105(17)">(17)</xref> applies.</subsection><subsection number="53-3-105(14)">An extension of a provisional license application for a class D license under Section <xref depth="3" refnumber="53-3-214">53-3-214</xref> is $42.</subsection><subsection number="53-3-105(15)">An extension of a motorcycle endorsement under Section <xref depth="3" refnumber="53-3-214">53-3-214</xref> is $18.</subsection><subsection number="53-3-105(16)">An extension of a taxicab endorsement under Section <xref depth="3" refnumber="53-3-214">53-3-214</xref> is $14.</subsection><subsection number="53-3-105(17)">An extension of a class D license for an individual 65 and older under Section <xref depth="3" refnumber="53-3-214">53-3-214</xref> is $22.</subsection><subsection number="53-3-105(18)">An original or renewal application for a commercial class A, B, or C license or an original or renewal of a provisional commercial class A or B license under Part 4, Uniform Commercial Driver License Act, is $52.</subsection><subsection number="53-3-105(19)">A commercial class A, B, or C license skills test is $78.</subsection><subsection number="53-3-105(20)">Each original CDL endorsement for passengers, hazardous material, double or triple trailers, or tankers is $9.</subsection><subsection number="53-3-105(21)">An original CDL endorsement for a school bus under Part 4, Uniform Commercial Driver License Act, is $9.</subsection><subsection number="53-3-105(22)">A renewal of a CDL endorsement under Part 4, Uniform Commercial Driver License Act, is $9.</subsection><subsection number="53-3-105(23)"><subsection number="53-3-105(23)(a)">A retake of a CDL knowledge test provided for in Section <xref depth="3" refnumber="53-3-205">53-3-205</xref> is $26.</subsection><subsection number="53-3-105(23)(b)">A retake of a CDL skills test provided for in Section <xref depth="3" refnumber="53-3-205">53-3-205</xref> is $52.</subsection></subsection><subsection number="53-3-105(24)">A retake of a CDL endorsement test provided for in Section <xref depth="3" refnumber="53-3-205">53-3-205</xref> is $9.</subsection><subsection number="53-3-105(25)">A duplicate class A, B, C, or D license certificate under Section <xref depth="3" refnumber="53-3-215">53-3-215</xref> is $23.</subsection><subsection number="53-3-105(26)"><subsection number="53-3-105(26)(a)">A license reinstatement application under Section <xref depth="3" refnumber="53-3-205">53-3-205</xref> is $40.</subsection><subsection number="53-3-105(26)(b)">A license reinstatement application under Section <xref depth="3" refnumber="53-3-205">53-3-205</xref> for an alcohol, drug, or combination of alcohol and any drug-related offense is $45 in addition to the fee under Subsection <xref depth="4" refnumber="53-3-105(26)(a)">(26)(a)</xref>.</subsection></subsection><subsection number="53-3-105(27)"><subsection number="53-3-105(27)(a)"><subsection number="53-3-105(27)(a)(i)">An administrative fee for license reinstatement after an alcohol, drug, or combination of alcohol and any drug-related offense under Section <xref depth="3" refnumber="41-6a-520">41-6a-520</xref>, <xref depth="3" refnumber="53-3-223">53-3-223</xref>, or <xref depth="3" refnumber="53-3-231">53-3-231</xref> or an alcohol, drug, or combination of alcohol and any drug-related offense under Part 4, Uniform Commercial Driver License Act, is $262.</subsection><subsection number="53-3-105(27)(a)(ii)">Seven dollars of the fee described in Subsection <xref depth="4" refnumber="53-3-105(27)(a)(i)">(27)(a)(i)</xref> shall be deposited into the General Fund.</subsection></subsection><subsection number="53-3-105(27)(b)">The administrative fee described in Subsection <xref depth="4" refnumber="53-3-105(27)(a)(i)">(27)(a)(i)</xref> is in addition to the fees under Subsection <xref depth="4" refnumber="53-3-105(26)">(26)</xref>.</subsection></subsection><subsection number="53-3-105(28)"><subsection number="53-3-105(28)(a)">An administrative fee for providing the driving record of a driver under Section <xref depth="3" refnumber="53-3-104">53-3-104</xref> or <xref depth="3" refnumber="53-3-420">53-3-420</xref> is $8.</subsection><subsection number="53-3-105(28)(b)">The division may not charge for a report furnished under Section <xref depth="3" refnumber="53-3-104">53-3-104</xref> to a municipal, county, state, or federal agency.</subsection></subsection><subsection number="53-3-105(29)">A rescheduling fee under Section <xref depth="3" refnumber="53-3-205">53-3-205</xref> or <xref depth="3" refnumber="53-3-407">53-3-407</xref> is $25.</subsection><subsection number="53-3-105(30)"><subsection number="53-3-105(30)(a)">Except as provided under Subsections <xref depth="4" refnumber="53-3-105(30)(b)">(30)(b)</xref> and <xref depth="4" refnumber="53-3-105(c)">(c)</xref>, an identification card application under Section <xref depth="3" refnumber="53-3-808">53-3-808</xref> is $23.</subsection><subsection number="53-3-105(30)(b)">An identification card application under Section <xref depth="3" refnumber="53-3-808">53-3-808</xref> for a person with a disability, as defined in 42 U.S.C. Sec. 12102, is $17.</subsection><subsection number="53-3-105(30)(c)">A fee may not be charged for an identification card application if the individual applying:<subsection number="53-3-105(30)(c)(i)"><subsection number="53-3-105(30)(c)(i)(A)">has not been issued a Utah driver license;</subsection><subsection number="53-3-105(30)(c)(i)(B)">is indigent; and</subsection><subsection number="53-3-105(30)(c)(i)(C)">is at least 18 years old; </subsection></subsection><subsection number="53-3-105(30)(c)(ii)">submits written verification that the individual is homeless, as defined in Section <xref depth="3" refnumber="26B-3-207">26B-3-207</xref>, a person who is homeless, as defined in Section <xref depth="3" refnumber="35A-5-302">35A-5-302</xref>, or a child or youth who is homeless, as defined in 42 U.S.C. Sec. 11434a(2), from:<subsection number="53-3-105(30)(c)(ii)(A)">a homeless shelter, as defined in Section <xref depth="3" refnumber="35A-16-305">35A-16-305</xref>;</subsection><subsection number="53-3-105(30)(c)(ii)(B)">a permanent housing, permanent, supportive, or transitional facility, as defined in Section <xref depth="3" refnumber="35A-5-302">35A-5-302</xref>;</subsection><subsection number="53-3-105(30)(c)(ii)(C)">the Department of Workforce Services; or</subsection><subsection number="53-3-105(30)(c)(ii)(D)">a local educational agency liaison for homeless children and youth designated under 42 U.S.C. Sec. 11432(g)(1)(J)(ii); or</subsection></subsection><subsection number="53-3-105(30)(c)(iii)">is under 26 years old and submits written verification that the individual:<subsection number="53-3-105(30)(c)(iii)(A)">is in the custody of the Division of Child and Family Services; or</subsection><subsection number="53-3-105(30)(c)(iii)(B)">was in the custody of the Division of Child and Family Services but is no longer in the custody of the Division of Child and Family Services due to the individual's age.</subsection></subsection></subsection></subsection><subsection number="53-3-105(31)"><subsection number="53-3-105(31)(a)">An extension of a regular identification card under Subsection <xref depth="4" refnumber="53-3-807(4)">53-3-807(4)</xref> for a person with a disability, as defined in 42 U.S.C. Sec. 12102, is $17.</subsection><subsection number="53-3-105(31)(b)">The fee described in Subsection <xref depth="4" refnumber="53-3-105(31)(a)">(31)(a)</xref> is waived if the applicant submits written verification that the individual is homeless, as defined in Section <xref depth="3" refnumber="26B-3-207">26B-3-207</xref>, or a person who is homeless, as defined in Section <xref depth="3" refnumber="35A-5-302">35A-5-302</xref>, or a child or youth who is homeless, as defined in 42 U.S.C. Sec. 11434a(2), from:<subsection number="53-3-105(31)(b)(i)">a homeless shelter, as defined in Section <xref depth="3" refnumber="35A-16-305">35A-16-305</xref>;</subsection><subsection number="53-3-105(31)(b)(ii)">a permanent housing, permanent, supportive, or transitional facility, as defined in Section <xref depth="3" refnumber="35A-5-302">35A-5-302</xref>;</subsection><subsection number="53-3-105(31)(b)(iii)">the Department of Workforce Services;</subsection><subsection number="53-3-105(31)(b)(iv)">a homeless service provider as verified by the Department of Workforce Services as described in Section <xref depth="3" refnumber="26B-8-113">26B-8-113</xref>; or</subsection><subsection number="53-3-105(31)(b)(v)">a local educational agency liaison for homeless children and youth designated under 42 U.S.C. Sec. 11432(g)(1)(J)(ii).</subsection></subsection></subsection><subsection number="53-3-105(32)"><subsection number="53-3-105(32)(a)">An extension of a regular identification card under Subsection <xref depth="4" refnumber="53-3-807(5)">53-3-807(5)</xref> is $23.</subsection><subsection number="53-3-105(32)(b)">The fee described in Subsection <xref depth="4" refnumber="53-3-105(32)(a)">(32)(a)</xref> is waived if the applicant submits written verification that the individual is homeless, as defined in Section <xref depth="3" refnumber="26B-3-207">26B-3-207</xref>, or a person who is homeless, as defined in Section <xref depth="3" refnumber="35A-5-302">35A-5-302</xref>, from:<subsection number="53-3-105(32)(b)(i)">a homeless shelter, as defined in Section <xref depth="3" refnumber="35A-16-305">35A-16-305</xref>;</subsection><subsection number="53-3-105(32)(b)(ii)">a permanent housing, permanent, supportive, or transitional facility, as defined in Section <xref depth="3" refnumber="35A-5-302">35A-5-302</xref>;</subsection><subsection number="53-3-105(32)(b)(iii)">the Department of Workforce Services; or</subsection><subsection number="53-3-105(32)(b)(iv)">a homeless service provider as verified by the Department of Workforce Services as described in Section <xref depth="3" refnumber="26B-8-113">26B-8-113</xref>.</subsection></subsection></subsection><subsection number="53-3-105(33)">In addition to any license application fees collected under this chapter, the division shall impose on individuals submitting fingerprints in accordance with Section <xref depth="3" refnumber="53-3-205.5">53-3-205.5</xref> the fees that the Bureau of Criminal Identification is authorized to collect for the services the Bureau of Criminal Identification provides under Section <xref depth="3" refnumber="53-3-205.5">53-3-205.5</xref>.</subsection><subsection number="53-3-105(34)">An original mobility vehicle permit application under Section <xref depth="3" refnumber="41-6a-1118">41-6a-1118</xref> is $30.</subsection><subsection number="53-3-105(35)">A renewal of a mobility vehicle permit under Section <xref depth="3" refnumber="41-6a-1118">41-6a-1118</xref> is $30.</subsection><subsection number="53-3-105(36)">A duplicate mobility vehicle permit under Section <xref depth="3" refnumber="41-6a-1118">41-6a-1118</xref> is $12.</subsection><subsection number="53-3-105(37)">An original driving privilege card application under Section <xref depth="3" refnumber="53-3-207">53-3-207</xref> is $32.</subsection><subsection number="53-3-105(38)">A renewal of a driving privilege card application under Section <xref depth="3" refnumber="53-3-207">53-3-207</xref> is $23.</subsection><subsection number="53-3-105(39)">A fee may not be charged for an original class D license application, original provisional license application for a class D license, or a learner permit application if the individual applying is:<subsection number="53-3-105(39)(a)">under 26 years old; and</subsection><subsection number="53-3-105(39)(b)">submits written verification that the individual:<subsection number="53-3-105(39)(b)(i)">is in the custody of the Division of Child and Family Services; or</subsection><subsection number="53-3-105(39)(b)(ii)">was in the custody of the Division of Child and Family Services but is no longer in the custody of the Division of Child and Family Services due to the individual's age.</subsection></subsection></subsection><subsection number="53-3-105(40)">An administrative fee to add an interdicted person identifier to a license certificate under Section <xref depth="3" refnumber="53-3-236">53-3-236</xref> or identification card under Section <xref depth="3" refnumber="53-3-805">53-3-805</xref> is $7.</subsection></section><section number="53-3-106"><histories><history>Amended by Chapter <modchap sess="2026GS">379</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Disposition of revenues under this chapter -- Restricted account created -- Uses as provided by appropriation -- Nonlapsing.</catchline><subsection number="53-3-106(1)">There is created within the Transportation Fund a restricted account known as the "Department of Public Safety Restricted Account."</subsection><subsection number="53-3-106(2)">The account consists of money generated from the following revenue sources:<subsection number="53-3-106(2)(a)">all money received under this chapter;</subsection><subsection number="53-3-106(2)(b)">administrative fees received according to the fee schedule authorized under this chapter and Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref>;</subsection><subsection number="53-3-106(2)(c)">beginning on January 1, 2013, money received in accordance with Section <xref depth="3" refnumber="41-1a-1201">41-1a-1201</xref>; and</subsection><subsection number="53-3-106(2)(d)">any appropriations made to the account by the Legislature.</subsection></subsection><subsection number="53-3-106(3)"><subsection number="53-3-106(3)(a)">The account shall earn interest.</subsection><subsection number="53-3-106(3)(b)">All interest earned on account money shall be deposited into the account.</subsection></subsection><subsection number="53-3-106(4)">The expenses of the department in carrying out this chapter shall be provided for by legislative appropriation from this account.</subsection><subsection number="53-3-106(5)">Subject to legislative appropriation, money in the account may be used to pay for costs associated with law enforcement training facilities.</subsection><subsection number="53-3-106(6)">The amount in excess of $45 of the fees collected under Subsection <xref tempid="126">53-3-105(27)</xref> shall be appropriated by the Legislature from this account to the department to implement the provisions of Section <xref depth="3" refnumber="53-1-117">53-1-117</xref>, except that of the amount in excess of $45, $100 shall be deposited into the State Laboratory Drug Testing Account created in Section <xref depth="3" refnumber="26B-1-304">26B-1-304</xref>.</subsection><subsection number="53-3-106(7)">All money received under Subsection <xref depth="4" refnumber="41-6a-1406(7)(b)(ii)">41-6a-1406(7)(b)(ii)</xref> shall be appropriated by the Legislature from this account to the department to implement the provisions of Section <xref depth="3" refnumber="53-1-117">53-1-117</xref>.</subsection><subsection number="53-3-106(8)">Beginning in fiscal year 2009-10, the Legislature shall appropriate $100,000 annually from the account to the state medical examiner appointed under Section <xref depth="3" refnumber="26B-8-202">26B-8-202</xref> for use in carrying out duties related to highway crash deaths under Subsection <xref depth="4" refnumber="26B-8-205(1)">26B-8-205(1)</xref>.</subsection><subsection number="53-3-106(9)">The division shall remit the fees collected under Subsection <xref depth="4" refnumber="53-3-105(31)">53-3-105(31)</xref> to the Bureau of Criminal Identification to cover the costs for the services the Bureau of Criminal Identification provides under Section <xref depth="3" refnumber="53-3-205.5">53-3-205.5</xref>.</subsection><subsection number="53-3-106(10)"><subsection number="53-3-106(10)(a)">Beginning on January 1, 2013, the Legislature shall appropriate all money received in the account under Section <xref depth="3" refnumber="41-1a-1201">41-1a-1201</xref> to the Utah Highway Patrol Division for field operations.</subsection><subsection number="53-3-106(10)(b)">The Legislature may appropriate additional money from the account to the Utah Highway Patrol Division for law enforcement purposes.</subsection></subsection><subsection number="53-3-106(11)">Appropriations to the department from the account are nonlapsing.</subsection><subsection number="53-3-106(12)">The department shall report to the Department of Health and Human Services, on or before December 31, the amount the department expects to collect under Subsection <xref depth="4" refnumber="53-3-105(27)">53-3-105(27)</xref> in the next fiscal year.</subsection></section><section number="53-3-108"><histories><history>Enacted by Chapter <modchap sess="1999GS">216</modchap>, 1999 General Session</history><modyear>1999</modyear></histories><catchline>Authority to administer oaths.</catchline><tab/>Officers and employees of the division designated by the director for the purpose of administering this chapter may administer oaths and acknowledge signatures and shall do so without fee. </section><section number="53-3-109"><histories><history>Amended by Chapter <modchap sess="2026GS">35</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Records -- Access -- Fees -- Rulemaking.</catchline><subsection number="53-3-109(1)"><subsection number="53-3-109(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.</subsection><subsection number="53-3-109(1)(b)">The division may disclose personal identifying information in accordance with 18 U.S.C. Chapter 123:<subsection number="53-3-109(1)(b)(i)">to a licensed private investigator holding a valid agency license, with a legitimate business need;</subsection><subsection number="53-3-109(1)(b)(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;</subsection><subsection number="53-3-109(1)(b)(iii)">to a depository institution as that term is defined in Section <xref depth="3" refnumber="7-1-103">7-1-103</xref>;</subsection><subsection number="53-3-109(1)(b)(iv)">to the State Tax Commission for the purposes of tax fraud detection and prevention and any other use required by law;</subsection><subsection number="53-3-109(1)(b)(v)">subject to Subsection <xref depth="4" refnumber="53-3-109(8)">(8)</xref>, to the University of Utah for data collection in relation to genetic and epidemiologic research; or</subsection><subsection number="53-3-109(1)(b)(vi)"><subsection number="53-3-109(1)(b)(vi)(A)">to a government entity, including any court or law enforcement agency, to fulfill the government entity's functions; or</subsection><subsection number="53-3-109(1)(b)(vi)(B)">to a private person acting on behalf of a government entity to fulfill the government entity's functions, if the division determines disclosure of the information is in the interest of public safety.</subsection></subsection></subsection></subsection><subsection number="53-3-109(2)"><subsection number="53-3-109(2)(a)">A person who receives personal identifying information shall be advised by the division that the person may not:<subsection number="53-3-109(2)(a)(i)">disclose the personal identifying information from that record to any other person; or</subsection><subsection number="53-3-109(2)(a)(ii)">use the personal identifying information from that record for advertising or solicitation purposes.</subsection></subsection><subsection number="53-3-109(2)(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 <xref depth="4" refnumber="53-3-109(1)(b)(ii)">(1)(b)(ii)</xref> is:<subsection number="53-3-109(2)(b)(i)">an unfair marketing practice under Section <xref depth="3" refnumber="31A-23a-402">31A-23a-402</xref>; or</subsection><subsection number="53-3-109(2)(b)(ii)">an unfair claim settlement practice under Subsection <xref depth="4" refnumber="31A-26-303(3)">31A-26-303(3)</xref>.</subsection></subsection></subsection><subsection number="53-3-109(3)"><subsection number="53-3-109(3)(a)">Notwithstanding the provisions of Subsection <xref depth="4" refnumber="53-3-109(1)(b)">(1)(b)</xref>, the division or the division's designee may disclose portions of a driving record, in accordance with this Subsection <xref depth="4" refnumber="53-3-109(3)">(3)</xref>, to:<subsection number="53-3-109(3)(a)(i)">an insurer as defined under Section <xref depth="3" refnumber="31A-1-301">31A-1-301</xref>, or a designee of an insurer, for purposes of assessing driving risk on the insurer's current motor vehicle insurance policyholders;</subsection><subsection number="53-3-109(3)(a)(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; </subsection><subsection number="53-3-109(3)(a)(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; and</subsection><subsection number="53-3-109(3)(a)(iv)">a county assessor for purposes of verifying eligibility for the residential property tax exemption described in Section <xref depth="3" refnumber="59-2-103">59-2-103</xref>.</subsection></subsection><subsection number="53-3-109(3)(b)">A disclosure under Subsection <xref depth="4" refnumber="53-3-109(3)(a)(i)">(3)(a)(i)</xref> shall:<subsection number="53-3-109(3)(b)(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 <xref depth="3" refnumber="53-3-102">53-3-102</xref> during the previous month;</subsection><subsection number="53-3-109(3)(b)(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</subsection><subsection number="53-3-109(3)(b)(iii)">be made under a contract with the insurer or a designee of an insurer.</subsection></subsection><subsection number="53-3-109(3)(c)">A disclosure under Subsection <xref depth="4" refnumber="53-3-109(3)(a)(ii)">(3)(a)(ii)</xref> or <xref depth="4" refnumber="53-3-109(iii)">(iii)</xref> shall:<subsection number="53-3-109(3)(c)(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 <xref depth="3" refnumber="53-3-102">53-3-102</xref>, during the previous month;</subsection><subsection number="53-3-109(3)(c)(ii)">be limited to the records of a current employee of an employer;</subsection><subsection number="53-3-109(3)(c)(iii)">be made under a contract with the employer or a designee of an employer; and</subsection><subsection number="53-3-109(3)(c)(iv)">include an indication of whether the driver has had a change reflected in the driver's:<subsection number="53-3-109(3)(c)(iv)(A)">driving status;</subsection><subsection number="53-3-109(3)(c)(iv)(B)">license class;</subsection><subsection number="53-3-109(3)(c)(iv)(C)">medical self-certification status; or</subsection><subsection number="53-3-109(3)(c)(iv)(D)">medical examiner's certificate under 49 C.F.R. Sec. 391.45.</subsection></subsection></subsection><subsection number="53-3-109(3)(d)">The contract under Subsection <xref depth="4" refnumber="53-3-109(3)(b)(iii)">(3)(b)(iii)</xref> or <xref depth="4" refnumber="53-3-109(c)(iii)">(c)(iii)</xref> shall specify:<subsection number="53-3-109(3)(d)(i)">the criteria for searching and compiling the driving records being requested;</subsection><subsection number="53-3-109(3)(d)(ii)">the frequency of the disclosures;</subsection><subsection number="53-3-109(3)(d)(iii)">the format of the disclosures, which may be in bulk electronic form; and</subsection><subsection number="53-3-109(3)(d)(iv)">a reasonable charge for the driving record disclosures under this Subsection <xref depth="4" refnumber="53-3-109(3)">(3)</xref>.</subsection></subsection><subsection number="53-3-109(3)(e)"><subsection number="53-3-109(3)(e)(i)">A disclosure under Subsection <xref depth="4" refnumber="53-3-109(3)(a)(iv)">(3)(a)(iv)</xref> shall:<subsection number="53-3-109(3)(e)(i)(A)">include the licensed driver's name, date of birth, and current residential address; and</subsection><subsection number="53-3-109(3)(e)(i)(B)">be made upon request by a county assessor.</subsection></subsection><subsection number="53-3-109(3)(e)(ii)">A county assessor may use information disclosed by the division under Subsection <xref depth="4" refnumber="53-3-109(3)(a)(iv)">(3)(a)(iv)</xref> only for purposes of verifying a property owner's eligibility to receive the residential property tax exemption authorized under Section <xref depth="3" refnumber="59-2-103">59-2-103</xref>.</subsection></subsection></subsection><subsection number="53-3-109(4)"><subsection number="53-3-109(4)(a)">Notwithstanding Subsection <xref depth="4" refnumber="53-3-109(1)(a)">(1)(a)</xref>, the division may provide a "yes" or "no" response to an electronically submitted request to verify information from a driver license or identification card issued by the division if:<subsection number="53-3-109(4)(a)(i)">the request is made by a private entity operating under the Transportation Security Administration Registered Traveler program;</subsection><subsection number="53-3-109(4)(a)(ii)">the private entity implements the Transportation Security Administration enrollment standards; and</subsection><subsection number="53-3-109(4)(a)(iii)">the program participant:<subsection number="53-3-109(4)(a)(iii)(A)">voluntarily provides the participant's division-issued identification to confirm the participant's identity; and</subsection><subsection number="53-3-109(4)(a)(iii)(B)">consents to verification of the participant's name, date of birth, and home address.</subsection></subsection></subsection><subsection number="53-3-109(4)(b)">The data described in Subsection <xref depth="4" refnumber="53-3-109(4)(a)(iii)(b)">(4)(a)(iii)(B)</xref> may only be used to enroll or reenroll the participant in the Transportation Security Administration Registered Traveler program.</subsection><subsection number="53-3-109(4)(c)">The division may not furnish a "yes" response under Subsection <xref depth="4" refnumber="53-3-109(4)(a)">(4)(a)</xref> unless all data fields match.</subsection></subsection><subsection number="53-3-109(5)">The division may charge fees:<subsection number="53-3-109(5)(a)">in accordance with Section <xref depth="3" refnumber="53-3-105">53-3-105</xref> for searching and compiling its files or furnishing a report on the driving record of a person;</subsection><subsection number="53-3-109(5)(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 <xref depth="3" refnumber="63J-1-504">63J-1-504</xref> for each document authenticated; </subsection><subsection number="53-3-109(5)(c)">established in accordance with Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref>, for disclosing personal identifying information under Subsection <xref depth="4" refnumber="53-3-109(1)(b)">(1)(b)</xref>; and</subsection><subsection number="53-3-109(5)(d)">established in accordance with Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref>, for each response under Subsection <xref depth="4" refnumber="53-3-109(4)">(4)</xref>.</subsection></subsection><subsection number="53-3-109(6)">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.</subsection><subsection number="53-3-109(7)"><subsection number="53-3-109(7)(a)">A driving record furnished under this section may only report on the driving record of a person for a period of 10 years.</subsection><subsection number="53-3-109(7)(b)">Subsection <xref depth="4" refnumber="53-3-109(7)(a)">(7)(a)</xref> does not apply to court or law enforcement reports, reports of commercial driver license violations, or reports for commercial driver license holders.</subsection></subsection><subsection number="53-3-109(8)"><subsection number="53-3-109(8)(a)">The division shall include on each application for or renewal of a license or identification card under this chapter:<subsection number="53-3-109(8)(a)(i)">the following notice: "The Driver License Division may disclose the information provided on this form to an entity described in Utah Code Ann. Subsection <xref depth="4" refnumber="53-3-109(1)(b)(v)">53-3-109(1)(b)(v)</xref>.";</subsection><subsection number="53-3-109(8)(a)(ii)">a reference to the website described in Subsection <xref depth="4" refnumber="53-3-109(8)(b)">(8)(b)</xref>; and</subsection><subsection number="53-3-109(8)(a)(iii)">a link to the division website for:<subsection number="53-3-109(8)(a)(iii)(A)">information provided by the division, after consultation with the University of Utah, containing the explanation and description described in Subsection <xref depth="4" refnumber="53-3-109(8)(b)">(8)(b)</xref>; and</subsection><subsection number="53-3-109(8)(a)(iii)(B)">an online form for the individual to opt out of the disclosure of personal identifying information described in Subsection <xref depth="4" refnumber="53-3-109(1)(b)(v)">(1)(b)(v)</xref>.</subsection></subsection></subsection><subsection number="53-3-109(8)(b)">In consultation with the division, the University of Utah shall create a website that provides an explanation and description of:<subsection number="53-3-109(8)(b)(i)">what information may be disclosed by the division to the University of Utah under Subsection <xref depth="4" refnumber="53-3-109(1)(b)(v)">(1)(b)(v)</xref>;</subsection><subsection number="53-3-109(8)(b)(ii)">the methods and timing of anonymizing the information;</subsection><subsection number="53-3-109(8)(b)(iii)">for situations where the information is not anonymized:<subsection number="53-3-109(8)(b)(iii)(A)">how the information is used;</subsection><subsection number="53-3-109(8)(b)(iii)(B)">how the information is secured;</subsection><subsection number="53-3-109(8)(b)(iii)(C)">how long the information is retained; and</subsection><subsection number="53-3-109(8)(b)(iii)(D)">who has access to the information;</subsection></subsection><subsection number="53-3-109(8)(b)(iv)">research and statistical purposes for which the information is used; and</subsection><subsection number="53-3-109(8)(b)(v)">other relevant details regarding the information.</subsection></subsection><subsection number="53-3-109(8)(c)">The website created by the University of Utah described in Subsection <xref depth="4" refnumber="53-3-109(8)(b)">(8)(b)</xref> shall include the following:<subsection number="53-3-109(8)(c)(i)">a link to the division website for an online form for the individual to opt out of the disclosure of personal identifying information as described in Subsection <xref depth="4" refnumber="53-3-109(1)(b)(v)">(1)(b)(v)</xref>; and</subsection><subsection number="53-3-109(8)(c)(ii)">a link to an online form for the individual to affirmatively choose to remove, subject to Subsection <xref depth="4" refnumber="53-3-109(8)(e)(ii)">(8)(e)(ii)</xref>, personal identifying information from the database controlled by the University of Utah that was disclosed in accordance with Subsection <xref depth="4" refnumber="53-3-109(1)(b)(v)">(1)(b)(v)</xref>.</subsection></subsection><subsection number="53-3-109(8)(d)">In the course of business, the division shall provide information regarding the disclosure of personal identifying information, including providing on the division website:<subsection number="53-3-109(8)(d)(i)">a link to the website created under Subsection <xref depth="4" refnumber="53-3-109(8)(b)">(8)(b)</xref> to provide individuals with information regarding the disclosure of personal identifying information under Subsection <xref depth="4" refnumber="53-3-109(1)(b)(v)">(1)(b)(v)</xref>; and</subsection><subsection number="53-3-109(8)(d)(ii)">a link to the division website for:<subsection number="53-3-109(8)(d)(ii)(A)">information provided by the division, after consultation with the University of Utah, containing the explanation and description described in Subsection <xref depth="4" refnumber="53-3-109(8)(b)">(8)(b)</xref>; and</subsection><subsection number="53-3-109(8)(d)(ii)(B)">an online form for the individual to opt out of the disclosure of personal identifying information as described in Subsection <xref depth="4" refnumber="53-3-109(1)(b)(v)">(1)(b)(v)</xref>.</subsection></subsection></subsection><subsection number="53-3-109(8)(e)"><subsection number="53-3-109(8)(e)(i)">The division may not disclose the personal identifying information under Subsection <xref depth="4" refnumber="53-3-109(1)(b)(v)">(1)(b)(v)</xref> if an individual opts out of the disclosure as described in Subsection <xref depth="4" refnumber="53-3-109(8)(a)(iii)(b)">(8)(a)(iii)(B)</xref> or <xref depth="4" refnumber="53-3-109(8)(c)(i)">(8)(c)(i)</xref>.</subsection><subsection number="53-3-109(8)(e)(ii)"><subsection number="53-3-109(8)(e)(ii)(A)">Except as provided in Subsection <xref depth="4" refnumber="53-3-109(8)(e)(ii)(b)">(8)(e)(ii)(B)</xref>, if an individual makes a request as described in Subsection <xref depth="4" refnumber="53-3-109(8)(c)(ii)">(8)(c)(ii)</xref>, the University of Utah shall, within 90 days of receiving the request, remove and destroy the individual's personal identifying information received under Subsection <xref depth="4" refnumber="53-3-109(1)(b)(v)">(1)(b)(v)</xref> from a database controlled by the University of Utah.</subsection><subsection number="53-3-109(8)(e)(ii)(B)">The University of Utah is not required to remove an individual's personal identifying information as described in Subsection <xref depth="4" refnumber="53-3-109(8)(e)(ii)(a)">(8)(e)(ii)(A)</xref> from data released to a research study before the date of the request described in Subsection <xref depth="4" refnumber="53-3-109(8)(c)(ii)">(8)(c)(ii)</xref>.</subsection></subsection></subsection><subsection number="53-3-109(8)(f)">The University of Utah shall conduct a biennial internal information security audit of the information systems that store the data received in accordance with Subsection <xref depth="4" refnumber="53-3-109(1)(b)(v)">(1)(b)(v)</xref>, and, beginning in the year 2023, provide a biennial report of the findings of the internal audit to the Transportation Interim Committee.</subsection></subsection><subsection number="53-3-109(9)">In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules to designate:<subsection number="53-3-109(9)(a)">what information shall be included in a report on the driving record of a person;</subsection><subsection number="53-3-109(9)(b)">the form of a report or copy of the report which may include electronic format;</subsection><subsection number="53-3-109(9)(c)">the form of a certified copy, as required under Section <xref depth="3" refnumber="53-3-216">53-3-216</xref>, which may include electronic format;</subsection><subsection number="53-3-109(9)(d)">the form of a signature required under this chapter which may include electronic format;</subsection><subsection number="53-3-109(9)(e)">the form of written request to the division required under this chapter which may include electronic format;</subsection><subsection number="53-3-109(9)(f)">the procedures, requirements, and formats for disclosing personal identifying information under Subsection <xref depth="4" refnumber="53-3-109(1)(b)">(1)(b)</xref>; and</subsection><subsection number="53-3-109(9)(g)">the procedures, requirements, and formats necessary for the implementation of Subsection <xref depth="4" refnumber="53-3-109(3)">(3)</xref>.</subsection></subsection><subsection number="53-3-109(10)"><subsection number="53-3-109(10)(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.</subsection><subsection number="53-3-109(10)(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.</subsection></subsection></section><section number="53-3-110"><histories><history>Enacted by Chapter <modchap sess="2023GS">443</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Reciprocity agreements.</catchline><subsection number="53-3-110(1)"> The division may negotiate and enter into an agreement of reciprocity with a foreign jurisdiction or country to facilitate the exchange of a driver license.</subsection><subsection number="53-3-110(2)"> In accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, the division may make rules to establish the process for creating, entering into, and maintaining a reciprocity agreement.</subsection></section><section number="53-3-111"><histories><history>Enacted by Chapter <modchap sess="2024GS">106</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Blood and urine test reports -- Permissible uses and restrictions.</catchline><subsection number="53-3-111(1)">The division shall receive a result of a blood or urine test report in accordance with Title 26B, Chapter 8, Part 4, Health Statistics.</subsection><subsection number="53-3-111(2)"><subsection number="53-3-111(2)(a)">The division may only use an individual's personally identifiable health data from a blood and urine test in connection with:<subsection number="53-3-111(2)(a)(i)">an administrative hearing involving that individual;</subsection><subsection number="53-3-111(2)(a)(ii)">in accordance with Title 63G, Chapter 4, Part 3, Agency Review, an agency review of the administrative hearing described in Subsection (2)(a)(i); or</subsection><subsection number="53-3-111(2)(a)(iii)">in accordance with Title 63G, Chapter 4, Part 4, Judicial Review, a judicial review of the administrative hearing described in Subsection (2)(a)(i).</subsection></subsection><subsection number="53-3-111(2)(b)"><subsection number="53-3-111(2)(b)(i)">The division shall aggregate and anonymize data from a blood and urine test.</subsection><subsection number="53-3-111(2)(b)(ii)">The division may only use the anonymized and aggregated data from blood and urine tests:<subsection number="53-3-111(2)(b)(ii)(A)">to create a report required or requested by the Legislature; or</subsection><subsection number="53-3-111(2)(b)(ii)(B)">to create statistical reports for criminal justice agencies.</subsection></subsection></subsection></subsection><subsection number="53-3-111(3)">The division shall securely retain each blood and urine test as a private record as provided in Title 63G, Chapter 2, Government Records Access and Management Act.</subsection><subsection number="53-3-111(4)">The division may provide the information from a blood and urine test received under this section:<subsection number="53-3-111(4)(a)">to the individual who is the subject of the blood and urine test;</subsection><subsection number="53-3-111(4)(b)">to the individual's attorney in connection with an administrative proceeding before the division; or</subsection><subsection number="53-3-111(4)(c)">as otherwise required by law.</subsection></subsection></section></part><part number="53-3-2"><catchline>Driver Licensing Act</catchline><section number="53-3-201"><histories><history>Enacted by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Short title.</catchline><tab/>This part is known as the "Driver Licensing Act." </section><section number="53-3-202"><enddate type="SC">5/5/2027</enddate><histories><history>Amended by Chapter <modchap sess="2026GS">460</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Drivers must be licensed -- Violation.</catchline><subsection number="53-3-202(1)">A human driver may not drive a motor vehicle or an autocycle on a highway in this state unless the human driver is:<subsection number="53-3-202(1)(a)">granted the privilege to operate a motor vehicle by being licensed as a driver by the division under this chapter;</subsection><subsection number="53-3-202(1)(b)">driving an official United States Government class D motor vehicle with a valid United States Government driver permit or license for that type of vehicle;</subsection><subsection number="53-3-202(1)(c)"><subsection number="53-3-202(1)(c)(i)">driving a road roller, road machinery, or farm tractor or implement of husbandry temporarily drawn, moved, or propelled on the highways; and</subsection><subsection number="53-3-202(1)(c)(ii)">driving the vehicle described in Subsection <xref depth="4" refnumber="53-3-202(1)(c)(i)" start="0">(1)(c)(i)</xref> in conjunction with a construction or agricultural activity;</subsection></subsection><subsection number="53-3-202(1)(d)">a nonresident who is at least 16 years old and younger than 18 years old who has in the nonresident's immediate possession a valid license certificate issued to the nonresident in the nonresident's home state or country and is driving in the class or classes identified on the home state license certificate, except those persons referred to in <xref depth="2" refnumber="53-3-6" start="2">Part 6, Drivers' License Compact</xref>, of this chapter;</subsection><subsection number="53-3-202(1)(e)">a nonresident who is at least 18 years old and who has in the nonresident's immediate possession a valid license certificate issued to the nonresident in the nonresident's home state or country if driving in the class or classes identified on the home state license certificate, except those persons referred to in <xref depth="2" refnumber="53-3-6" start="2">Part 6, Drivers' License Compact</xref>, of this chapter;</subsection><subsection number="53-3-202(1)(f)">driving under a learner permit in accordance with Section <xref depth="3" refnumber="53-3-210.5" start="0">53-3-210.5</xref>;</subsection><subsection number="53-3-202(1)(g)">driving with a temporary license certificate issued in accordance with Section <xref depth="3" refnumber="53-3-207" start="0">53-3-207</xref>; or</subsection><subsection number="53-3-202(1)(h)">exempt under <xref depth="1" refnumber="41-22" start="0">Title 41, Chapter 22, Off-highway Vehicles</xref>.</subsection></subsection><subsection number="53-3-202(2)">A human driver may not drive a motor vehicle or perform lateral or longitudinal vehicle motion control for a vehicle being towed by another motor vehicle upon a highway unless the human driver:<subsection number="53-3-202(2)(a)">is licensed under this chapter to drive a motor vehicle of the type or class of motor vehicle being towed; or</subsection><subsection number="53-3-202(2)(b)">is exempted under either Subsection <xref depth="4" refnumber="53-3-202(1)(b)" start="0">(1)(b)</xref> or <xref depth="4" refnumber="53-3-202(1)(c)" start="0">(1)(c)</xref>.</subsection></subsection><subsection number="53-3-202(3)"><subsection number="53-3-202(3)(a)">A human driver may not drive a motor vehicle as a taxicab on a highway of this state unless the person has a valid class D driver license issued by the division.</subsection><subsection number="53-3-202(3)(b)">A human driver may not drive a motor vehicle as a private passenger carrier on a highway of this state unless the human driver has:<subsection number="53-3-202(3)(b)(i)">a taxicab endorsement issued by the division on the human driver's license certificate; or</subsection><subsection number="53-3-202(3)(b)(ii)">a commercial driver license with:<subsection number="53-3-202(3)(b)(ii)(A)">a taxicab endorsement;</subsection><subsection number="53-3-202(3)(b)(ii)(B)">a passenger endorsement; or</subsection><subsection number="53-3-202(3)(b)(ii)(C)">a school bus endorsement.</subsection></subsection></subsection><subsection number="53-3-202(3)(c)">Nothing in Subsection <xref depth="4" refnumber="53-3-202(3)(b)" start="0">(3)(b)</xref> is intended to exempt a human driver driving a motor vehicle as a private passenger carrier from regulation under other statutory and regulatory schemes, including:<subsection number="53-3-202(3)(c)(i)">49 C.F.R. Parts 350-399, Federal Motor Carrier Safety Regulations;</subsection><subsection number="53-3-202(3)(c)(ii)"><xref depth="1" refnumber="34-36" start="0">Title 34, Chapter 36, Transportation of Workers</xref>, and rules adopted by the Labor Commission in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>; and</subsection><subsection number="53-3-202(3)(c)(iii)"><xref depth="1" refnumber="72-9" start="0">Title 72, Chapter 9, Motor Carrier Safety Act</xref>, and rules adopted by the Motor Carrier Division in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>.</subsection></subsection></subsection><subsection number="53-3-202(4)"><subsection number="53-3-202(4)(a)">Except as provided in Subsections <xref depth="4" refnumber="53-3-202(4)(b)" start="0">(4)(b)</xref>, <xref depth="4" refnumber="53-3-202(4)(c)" start="0">(c)</xref>, <xref depth="4" refnumber="53-3-202(4)(d)" start="0">(d)</xref>, and <xref depth="4" refnumber="53-3-202(4)(e)" start="0">(e)</xref>, a human driver may not operate:<subsection number="53-3-202(4)(a)(i)">a motorcycle unless the human driver has a valid class D driver license and a motorcycle endorsement issued under this chapter;</subsection><subsection number="53-3-202(4)(a)(ii)">a street legal all-terrain vehicle unless the human driver has a valid class D driver license; or</subsection><subsection number="53-3-202(4)(a)(iii)">a motor-driven cycle unless the human driver has a valid class D driver license and a motorcycle endorsement issued under this chapter.</subsection></subsection><subsection number="53-3-202(4)(b)">A human driver operating a moped, as defined in Section <xref depth="3" refnumber="41-6a-102" start="0">41-6a-102</xref>, is not required to have a motorcycle endorsement issued under this chapter.</subsection><subsection number="53-3-202(4)(c)">An individual operating an electric assisted bicycle, as defined in Section <xref depth="3" refnumber="41-6a-102" start="0">41-6a-102</xref>, is not required to have a valid class D driver license or a motorcycle endorsement issued under this chapter.</subsection><subsection number="53-3-202(4)(d)">An individual is not required to have a valid class D driver license if the person is:<subsection number="53-3-202(4)(d)(i)">operating a motor assisted scooter, as defined in Section <xref depth="3" refnumber="41-6a-102" start="0">41-6a-102</xref>, in accordance with Section <xref depth="3" refnumber="41-6a-1115" start="0">41-6a-1115</xref>; or</subsection><subsection number="53-3-202(4)(d)(ii)">operating an electric personal assistive mobility device, as defined in Section <xref depth="3" refnumber="41-6a-102" start="0">41-6a-102</xref>, in accordance with Section <xref depth="3" refnumber="41-6a-1116" start="0">41-6a-1116</xref>.</subsection></subsection><subsection number="53-3-202(4)(e)">A human driver operating an autocycle is not required to have a motorcycle endorsement issued under this chapter.</subsection></subsection><subsection number="53-3-202(5)">An automated driving system as defined in Section <xref depth="3" refnumber="41-26-102.1" start="0">41-26-102.1</xref> is not required to have a driver license.</subsection><subsection number="53-3-202(6)"><subsection number="53-3-202(6)(a)">As used in this Subsection <xref depth="4" refnumber="53-3-202(6)">(6)</xref>, a "quick fingerprint" is a fingerprint, taken on a biometric device, that is:<subsection number="53-3-202(6)(a)(i)">taken for the purpose of identifying an individual;</subsection><subsection number="53-3-202(6)(a)(ii)">queried against the Automated Fingerprint Identification System, Bureau of Criminal Identification fingerprint database, National Crime Information Center database, or a similar fingerprint database system;</subsection><subsection number="53-3-202(6)(a)(iii)">not added to or stored in the Automated Fingerprint Identification System, Bureau of Criminal Identification fingerprint database, National Crime Information Center database, or a similar fingerprint database system; and</subsection><subsection number="53-3-202(6)(a)(iv)">accomplished in approximately 15 minutes or less.</subsection></subsection><subsection number="53-3-202(6)(b)">An individual without a driver license, driving privilege card, or learner permit that is lawfully subjected to a stop by a peace officer as described in Section <xref depth="3" refnumber="77-7-15">77-7-15</xref> shall present another form of government-issued identification.</subsection><subsection number="53-3-202(6)(c)">Subject to Subsection <xref depth="4" refnumber="53-3-202(7)">(7)</xref>, a peace officer shall take a quick fingerprint of an individual described in Subsection <xref depth="4" refnumber="53-3-202(6)(b)">(6)(b)</xref> if:<subsection number="53-3-202(6)(c)(i)">the peace officer is unable to verify that the individual has been issued a driving credential;</subsection><subsection number="53-3-202(6)(c)(ii)">the individual does not provide a form of identification; or</subsection><subsection number="53-3-202(6)(c)(iii)">the peace officer has reasonable suspicion to believe that the form of identification presented is fraudulent.</subsection></subsection><subsection number="53-3-202(6)(d)">Nothing in this Subsection <xref depth="4" refnumber="53-3-202(6)">(6)</xref> prohibits a peace officer from conducting a full fingerprint panel subject to a noncustodial booking.</subsection></subsection><subsection number="53-3-202(7)">A peace officer is not required to comply with Subsection <xref depth="4" refnumber="53-3-202(6)(c)">(6)(c)</xref> if the peace officer makes a reasonable determination that:<subsection number="53-3-202(7)(a)">doing so would create a safety concern for the driver or peace officer;</subsection><subsection number="53-3-202(7)(b)">doing so would prevent the peace officer from addressing other public safety considerations;</subsection><subsection number="53-3-202(7)(c)">the peace officer does not have adequate equipment to take a fingerprint;</subsection><subsection number="53-3-202(7)(d)">the driver is under 18 years old; or</subsection><subsection number="53-3-202(7)(e)">the peace officer would be unable to complete a fingerprint check due to lack of cellular service.</subsection></subsection><subsection number="53-3-202(8)">A law enforcement agency shall ensure access to fingerprinting equipment to comply with Subsection <xref depth="4" refnumber="53-3-202(6)">(6)</xref> no later than January 1, 2028.</subsection><subsection number="53-3-202(9)"><subsection number="53-3-202(9)(a)">Except as described in Subsection <xref depth="4" refnumber="53-3-202(9)(b)">(9)(b)</xref> and <xref depth="4" refnumber="53-3-202(9)(c)">(9)(c)</xref>, an individual who violates this section is guilty of an infraction.</subsection><subsection number="53-3-202(9)(b)"><subsection number="53-3-202(9)(b)(i)">Except as provided in Subsection <xref depth="4" refnumber="53-3-202(9)(b)(iii)"/>(9)(b)(iii), an individual who violates Subsection <xref tempid="752" depth="4" refnumber="53-3-202(4)(a)(i)">(4)(a)(i)</xref> or (4)(a)(iii) is subject to a minimum fine of $350.</subsection><subsection number="53-3-202(9)(b)(ii)">The fine described in Subsection (9)(b)(i) is in addition to any other fine for a violation of Title 41, Chapter 6a, Traffic Code, or a local ordinance related to the operation of the motorcycle.</subsection><subsection number="53-3-202(9)(b)(iii)"><subsection number="53-3-202(9)(b)(iii)(A)">A court shall waive the fine imposed under Subsection (9)(b)(i) if the individual provides to the court within 30 days from the day on which the individual enters a plea, or within 30 days from the day on which the court imposes a sentence, whichever is later, proof that the individual has been issued a motorcycle endorsement as provided in this chapter.</subsection><subsection number="53-3-202(9)(b)(iii)(B)">A court may extend the 30-day time period described in Subsection (9)(b)(iii)(A) for a reasonable time period for the individual to obtain a motorcycle endorsement for good cause shown.</subsection></subsection></subsection><subsection number="53-3-202(9)(c)"><subsection number="53-3-202(9)(c)(i)">An individual is guilty of a class B misdemeanor if, at the time of the offense, the individual has previously been convicted of a violation of this section.</subsection><subsection number="53-3-202(9)(c)(ii)">In addition to the penalties described in Subsections <xref depth="4" refnumber="53-3-202(9)(a)">(9)(a)</xref>, (b), and (c)(i), an individual who violates this section is also subject to seizure of the vehicle as described in Section <xref depth="3" refnumber="41-1a-1101">41-1a-1101</xref>.</subsection></subsection></subsection></section><section number="53-3-202"><effdate>5/5/2027</effdate><histories><history>Amended by Chapter <modchap sess="2026GS">334</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Drivers shall be licensed -- Violation. be licensed -- Violation.</catchline><subsection number="53-3-202(1)">A human driver may not drive a motor vehicle or an autocycle on a highway in this state unless the human driver is:<subsection number="53-3-202(1)(a)">granted the privilege to operate a motor vehicle by being licensed as a driver by the division under this chapter;</subsection><subsection number="53-3-202(1)(b)">driving an official United States Government class D motor vehicle with a valid United States Government driver permit or license for that type of vehicle;</subsection><subsection number="53-3-202(1)(c)"><subsection number="53-3-202(1)(c)(i)">driving a road roller, road machinery, or farm tractor or implement of husbandry temporarily drawn, moved, or propelled on the highways; and</subsection><subsection number="53-3-202(1)(c)(ii)">driving the vehicle described in Subsection <xref depth="4" refnumber="53-3-202(1)(c)(i)" start="0">(1)(c)(i)</xref> in conjunction with a construction or agricultural activity;</subsection></subsection><subsection number="53-3-202(1)(d)">a nonresident who is at least 16 years old and younger than 18 years old who has in the nonresident's immediate possession a valid license certificate issued to the nonresident in the nonresident's home state or country and is driving in the class or classes identified on the home state license certificate, except those persons referred to in <xref depth="2" refnumber="53-3-6" start="2">Part 6, Drivers' License Compact</xref>, of this chapter;</subsection><subsection number="53-3-202(1)(e)">a nonresident who is at least 18 years old and who has in the nonresident's immediate possession a valid license certificate issued to the nonresident in the nonresident's home state or country if driving in the class or classes identified on the home state license certificate, except those persons referred to in <xref depth="2" refnumber="53-3-6" start="2">Part 6, Drivers' License Compact</xref>, of this chapter;</subsection><subsection number="53-3-202(1)(f)">driving under a learner permit in accordance with Section <xref depth="3" refnumber="53-3-210.5" start="0">53-3-210.5</xref>;</subsection><subsection number="53-3-202(1)(g)">driving with a temporary license certificate issued in accordance with Section <xref depth="3" refnumber="53-3-207" start="0">53-3-207</xref>; or</subsection><subsection number="53-3-202(1)(h)">exempt under <xref depth="1" refnumber="41-22" start="0">Title 41, Chapter 22, Off-highway Vehicles</xref>.</subsection></subsection><subsection number="53-3-202(2)">A human driver may not drive a motor vehicle or perform lateral or longitudinal vehicle motion control for a vehicle being towed by another motor vehicle upon a highway unless the human driver:<subsection number="53-3-202(2)(a)">is licensed under this chapter to drive a motor vehicle of the type or class of motor vehicle being towed; or</subsection><subsection number="53-3-202(2)(b)">is exempted under either Subsection <xref depth="4" refnumber="53-3-202(1)(b)" start="0">(1)(b)</xref> or <xref depth="4" refnumber="53-3-202(1)(c)" start="0">(1)(c)</xref>.</subsection></subsection><subsection number="53-3-202(3)"><subsection number="53-3-202(3)(a)">A human driver may not drive a motor vehicle as a taxicab on a highway of this state unless the individual has a valid class D driver license issued by the division.</subsection><subsection number="53-3-202(3)(b)">A human driver may not drive a motor vehicle as a private passenger carrier on a highway of this state unless the human driver has:<subsection number="53-3-202(3)(b)(i)">a taxicab endorsement issued by the division on the human driver's license certificate; or</subsection><subsection number="53-3-202(3)(b)(ii)">a commercial driver license with:<subsection number="53-3-202(3)(b)(ii)(A)">a taxicab endorsement;</subsection><subsection number="53-3-202(3)(b)(ii)(B)">a passenger endorsement; or</subsection><subsection number="53-3-202(3)(b)(ii)(C)">a school bus endorsement.</subsection></subsection></subsection><subsection number="53-3-202(3)(c)">Nothing in Subsection <xref depth="4" refnumber="53-3-202(3)(b)" start="0">(3)(b)</xref> is intended to exempt a human driver driving a motor vehicle as a private passenger carrier from regulation under other statutory and regulatory schemes, including:<subsection number="53-3-202(3)(c)(i)">49 C.F.R. Parts 350-399, Federal Motor Carrier Safety Regulations;</subsection><subsection number="53-3-202(3)(c)(ii)"><xref depth="1" refnumber="34-36" start="0">Title 34, Chapter 36, Transportation of Workers</xref>, and rules adopted by the Labor Commission in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>; and</subsection><subsection number="53-3-202(3)(c)(iii)"><xref depth="1" refnumber="72-9" start="0">Title 72, Chapter 9, Motor Carrier Safety Act</xref>, and rules adopted by the Motor Carrier Division in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>.</subsection></subsection></subsection><subsection number="53-3-202(4)"><subsection number="53-3-202(4)(a)">A human driver may not operate:<subsection number="53-3-202(4)(a)(i)">a motorcycle, including an electric motorcycle, unless the human driver has a valid class D driver license and a motorcycle endorsement issued under this chapter; or</subsection><subsection number="53-3-202(4)(a)(ii)">a street legal all-terrain vehicle unless the human driver has a valid class D driver license.</subsection></subsection><subsection number="53-3-202(4)(b)">Notwithstanding Subsection <xref depth="4" refnumber="53-3-202(4)(a)">(4)(a)</xref>, a human driver operating a moped, as defined in Section <xref depth="3" refnumber="41-6a-102" start="0">41-6a-102</xref>, is not required to have a motorcycle endorsement issued under this chapter.</subsection><subsection number="53-3-202(4)(c)">An individual is not required to have a valid class D driver license if the person is:<subsection number="53-3-202(4)(c)(i)">operating a motor assisted scooter, as defined in Section <xref depth="3" refnumber="41-6a-102" start="0">41-6a-102</xref>, in accordance with Section <xref depth="3" refnumber="41-6a-1115" start="0">41-6a-1115</xref>; or</subsection><subsection number="53-3-202(4)(c)(ii)">operating an electric personal assistive mobility device, as defined in Section <xref depth="3" refnumber="41-6a-102" start="0">41-6a-102</xref>, in accordance with Section <xref depth="3" refnumber="41-6a-1116" start="0">41-6a-1116</xref>.</subsection></subsection><subsection number="53-3-202(4)(d)">A human driver operating an autocycle is not required to have a motorcycle endorsement issued under this chapter.</subsection></subsection><subsection number="53-3-202(5)"><subsection number="53-3-202(5)(a)">As used in this Subsection <xref depth="4" refnumber="53-3-202(5)">(5)</xref>, "personal electric vehicle safety certificate" means the same as that term is defined in Section <xref depth="3" refnumber="41-6a-1512">41-6a-1512</xref>.</subsection><subsection number="53-3-202(5)(b)">An individual under 16 years old:<subsection number="53-3-202(5)(b)(i)">is not required to hold a class D driver license or a motorcycle endorsement to operate an electric assisted bicycle on a highway; and</subsection><subsection number="53-3-202(5)(b)(ii)">may not operate an electric assisted bicycle on a highway unless:<subsection number="53-3-202(5)(b)(ii)(A)">the individual obtains a personal electric vehicle safety certificate; or</subsection><subsection number="53-3-202(5)(b)(ii)(B)">the individual is under direct supervision of the individual's parent or another responsible adult.</subsection></subsection></subsection><subsection number="53-3-202(5)(c)">An individual who is 16 years old or older may operate an electric assisted bicycle or a motor assisted scooter on a highway without:<subsection number="53-3-202(5)(c)(i)">a class D driver license;</subsection><subsection number="53-3-202(5)(c)(ii)">a motorcycle endorsement; or</subsection><subsection number="53-3-202(5)(c)(iii)">a personal electric vehicle safety certificate.</subsection></subsection><subsection number="53-3-202(5)(d)">Notwithstanding the requirement described in Subsection <xref depth="4" refnumber="53-3-202(4)(a)(i)">(4)(a)(i)</xref>, an individual who is 16 years old or older may operate a high power electric device on a highway if the individual has a class D driver license.</subsection></subsection><subsection number="53-3-202(6)">A peace officer may not stop an individual under suspicion of that individual violating Subsection <xref depth="4" refnumber="53-3-202(5)">(5)</xref> unless the peace officer observes the individual violate another provision of law.</subsection><subsection number="53-3-202(7)">An automated driving system as defined in Section <xref depth="3" refnumber="41-26-102.1" start="0">41-26-102.1</xref> is not required to have a driver license.</subsection><subsection number="53-3-202(8)"><subsection number="53-3-202(8)(a)">As used in this Subsection <xref depth="4" refnumber="53-3-202(8)">(8)</xref>, a "quick fingerprint" is a fingerprint, taken on a biometric device, that is:<subsection number="53-3-202(8)(a)(i)">taken for the purpose of identifying an individual;</subsection><subsection number="53-3-202(8)(a)(ii)">queried against the Automated Fingerprint Identification System, Bureau of Criminal Identification fingerprint database, National Crime Information Center database, or a similar fingerprint database system;</subsection><subsection number="53-3-202(8)(a)(iii)">not added to or stored in the Automated Fingerprint Identification System, Bureau of Criminal Identification fingerprint database, National Crime Information Center database, or a similar fingerprint database system; and</subsection><subsection number="53-3-202(8)(a)(iv)">accomplished in approximately 15 minutes or less.</subsection></subsection><subsection number="53-3-202(8)(b)">An individual without a driver license, driving privilege card, or learner permit that is lawfully subjected to a stop by a peace officer as described in Section <xref depth="3" refnumber="77-7-15">77-7-15</xref> shall present another form of government-issued identification.</subsection><subsection number="53-3-202(8)(c)">Subject to Subsection <xref depth="4" refnumber="53-3-202(9)">(9)</xref>, a peace officer shall take a quick fingerprint of an individual described in Subsection <xref depth="4" refnumber="53-3-202(8)(b)">(8)(b)</xref> if:<subsection number="53-3-202(8)(c)(i)">the peace officer is unable to verify that the individual has been issued a driving credential;</subsection><subsection number="53-3-202(8)(c)(ii)">the individual does not provide a form of identification; or</subsection><subsection number="53-3-202(8)(c)(iii)">the peace officer has reasonable suspicion to believe that the form of identification presented is fraudulent.</subsection></subsection><subsection number="53-3-202(8)(d)">Nothing in this Subsection <xref depth="4" refnumber="53-3-202(8)">(8)</xref> prohibits a peace officer from conducting a full fingerprint panel subject to a noncustodial booking.</subsection></subsection><subsection number="53-3-202(9)">A peace officer is not required to comply with Subsection <xref depth="4" refnumber="53-3-202(8)(c)">(8)(c)</xref> if the peace officer makes a reasonable determination that:<subsection number="53-3-202(9)(a)">doing so would create a safety concern for the driver or peace officer;</subsection><subsection number="53-3-202(9)(b)">doing so would prevent the peace officer from addressing other public safety considerations;</subsection><subsection number="53-3-202(9)(c)">the peace officer does not have adequate equipment to take a fingerprint;</subsection><subsection number="53-3-202(9)(d)">the driver is under 18 years old; or</subsection><subsection number="53-3-202(9)(e)">the peace officer would be unable to complete a fingerprint check due to lack of cellular service.</subsection></subsection><subsection number="53-3-202(10)">A law enforcement agency shall ensure access to fingerprinting equipment to comply with Subsection <xref depth="4" refnumber="53-3-202(8)">(8)</xref> no later than January 1, 2028.</subsection><subsection number="53-3-202(11)"><subsection number="53-3-202(11)(a)">Except as described in Subsection <xref depth="4" refnumber="53-3-202(11)(b)">(11)(b)</xref> and <xref depth="4" refnumber="53-3-202(11)(c)">(11)(c)</xref>, an individual who violates this section is guilty of an infraction.</subsection><subsection number="53-3-202(11)(b)"><subsection number="53-3-202(11)(b)(i)">Except as provided in Subsection (11)(b)(iii), an individual who violates Subsection <xref tempid="752" depth="4" refnumber="53-3-202(4)(a)(i)">(4)(a)(i)</xref> is subject to a minimum fine of $350.</subsection><subsection number="53-3-202(11)(b)(ii)">The fine described in Subsection (11)(b)(i) is in addition to any other fine for a violation of Title 41, Chapter 6a, Traffic Code, or a local ordinance related to the operation of the motorcycle.</subsection><subsection number="53-3-202(11)(b)(iii)"><subsection number="53-3-202(11)(b)(iii)(A)">A court shall waive the fine imposed under Subsection (11)(b)(i) if the individual provides to the court within 30 days from the day on which the individual enters a plea, or within 30 days from the day on which the court imposes a sentence, whichever is later, proof that the individual has been issued a motorcycle endorsement as provided in this chapter.</subsection><subsection number="53-3-202(11)(b)(iii)(B)">A court may extend the 30-day time period described in Subsection (11)(b)(iii)(A) for a reasonable time period for the individual to obtain a motorcycle endorsement for good cause shown.</subsection></subsection></subsection><subsection number="53-3-202(11)(c)"><subsection number="53-3-202(11)(c)(i)">An individual is guilty of a class B misdemeanor if, at the time of the offense, the individual has previously been convicted of a violation of this section.</subsection><subsection number="53-3-202(11)(c)(ii)">In addition to the penalties described in Subsections <xref depth="4" refnumber="53-3-202(11)(a)">(11)(a)</xref>, (b), and (c)(i), an individual who violates this section is also subject to seizure of the vehicle as described in Section <xref depth="3" refnumber="41-1a-1101">41-1a-1101</xref>.</subsection></subsection></subsection></section><section number="53-3-203"><histories><history>Amended by Chapter <modchap sess="2026GS">460</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Authorizing or permitting driving in violation of chapter -- Renting of motor vehicles -- License requirements -- Employees must be licensed -- Violations.</catchline><subsection number="53-3-203(1)">A person may not authorize or knowingly permit a motor vehicle owned by the person or under the person's control to be driven by a person in violation of this chapter.</subsection><subsection number="53-3-203(2)"><subsection number="53-3-203(2)(a)">A person may not rent a motor vehicle to another person unless the person who will be the driver is licensed in this state, or in the case of a nonresident, licensed under the laws of the state or country of residence.</subsection><subsection number="53-3-203(2)(b)">A person may not rent a motor vehicle to another person until the person:<subsection number="53-3-203(2)(b)(i)">has inspected the license certificate of the person who will be the driver; and</subsection><subsection number="53-3-203(2)(b)(ii)">verified the signature on the license certificate by comparison with the signature of the person who will be the driver written in the person's presence.</subsection></subsection><subsection number="53-3-203(2)(c)"><subsection number="53-3-203(2)(c)(i)">A person may verify the information described in Subsection <xref depth="4" refnumber="53-3-203(2)(b)" start="0">(2)(b)</xref> for a subsequent vehicle rental through the use of an electronic system maintained by the person for the purposes of expediting the vehicle rental process.</subsection><subsection number="53-3-203(2)(c)(ii)">The electronic system described in Subsection <xref depth="4" refnumber="53-3-203(2)(c)(i)" start="0">(2)(c)(i)</xref> may contain information voluntarily provided by the person who will be the driver including:<subsection number="53-3-203(2)(c)(ii)(A)">information included on the driver license certificate; and</subsection><subsection number="53-3-203(2)(c)(ii)(B)">biometric information.</subsection></subsection></subsection><subsection number="53-3-203(2)(d)">A person renting a motor vehicle to another shall keep a record of the:<subsection number="53-3-203(2)(d)(i)">registration number of the rented motor vehicle;</subsection><subsection number="53-3-203(2)(d)(ii)">name and address of the person to whom the motor vehicle is rented;</subsection><subsection number="53-3-203(2)(d)(iii)">number of the license certificate of the renter; and</subsection><subsection number="53-3-203(2)(d)(iv)">date and place the license certificate was issued.</subsection></subsection><subsection number="53-3-203(2)(e)">The record is open to inspection by a peace officer or officer or employee of the division.</subsection></subsection><subsection number="53-3-203(3)">A person may not employ a person to drive a motor vehicle who is not licensed as required under this chapter.</subsection><subsection number="53-3-203(4)">A person who violates this section is guilty of an infraction and subject to a minimum fine of $500.</subsection></section><section number="53-3-204"><histories><history>Amended by Chapter <modchap sess="2026GS">454</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Persons who may not be licensed.</catchline><subsection number="53-3-204(1)"><subsection number="53-3-204(1)(a)">The division may not license a person who:<subsection number="53-3-204(1)(a)(i)">is younger than 16 years old;</subsection><subsection number="53-3-204(1)(a)(ii)">if the person is 18 years old or younger, has not completed a course in driver training approved by the commissioner;</subsection><subsection number="53-3-204(1)(a)(iii)">if the person is 19 years old or older has not completed:<subsection number="53-3-204(1)(a)(iii)(A)">a course in driver training approved by the commissioner; or</subsection><subsection number="53-3-204(1)(a)(iii)(B)">the requirements described in Subsection <xref refnumber="4-null-37">53-3-210.5(7)(c)</xref>;</subsection></subsection><subsection number="53-3-204(1)(a)(iv)">if the person is a minor as defined in Section <xref depth="3" refnumber="53-3-211" start="0">53-3-211</xref>, has not completed the driving requirement described in Section <xref depth="3" refnumber="53-3-211" start="0">53-3-211</xref>;</subsection><subsection number="53-3-204(1)(a)(v)">is not a resident of the state, unless the person qualifies for a non domiciled CDL as defined in 49 C.F.R. <ext_ref depth="2" refnumber="53-3-383" start="2" type="Code of Federal Regulations">Part 383</ext_ref>;</subsection><subsection number="53-3-204(1)(a)(vi)">if the person is 17 years old or younger, has not held a learner permit issued under Section <xref depth="3" refnumber="53-3-210.5" start="0">53-3-210.5</xref> or an equivalent by another state or branch of the United States Armed Forces for six months; or</subsection><subsection number="53-3-204(1)(a)(vii)">is younger than 18 years old and applying for a CDL under 49 C.F.R. <ext_ref depth="2" refnumber="53-3-383" start="2" type="Code of Federal Regulations">Part 383</ext_ref>.</subsection></subsection><subsection number="53-3-204(1)(b)">Subsections <xref depth="4" refnumber="53-3-204(1)(a)(i)" start="0">(1)(a)(i)</xref>, <xref depth="4" refnumber="53-3-204(1)(a)(ii)" start="0">(ii)</xref>, <xref depth="4" refnumber="53-3-204(1)(a)(iii)" start="0">(iii)</xref>, <xref depth="4" refnumber="53-3-204(1)(a)(iv)" start="0">(iv)</xref>, and <xref depth="4" refnumber="53-3-204(1)(a)(vi)" start="0">(vi)</xref> do not apply to an individual:<subsection number="53-3-204(1)(b)(i)">who has been licensed before July 1, 1967; or</subsection><subsection number="53-3-204(1)(b)(ii)">16 years old or older applying for a license who has been licensed in another state or country.</subsection></subsection></subsection><subsection number="53-3-204(2)">The division may not issue a license certificate to an individual:<subsection number="53-3-204(2)(a)">whose license has been suspended, denied, cancelled, or disqualified during the period of suspension, denial, cancellation, or disqualification;</subsection><subsection number="53-3-204(2)(b)">whose privilege has been revoked, except as provided in Section <xref depth="3" refnumber="53-3-225" start="0">53-3-225</xref>;</subsection><subsection number="53-3-204(2)(c)">who has previously been adjudged mentally incompetent and who has not at the time of application been restored to competency as provided by law;</subsection><subsection number="53-3-204(2)(d)">who is required under this chapter to take an examination unless the individual successfully passes the examination;</subsection><subsection number="53-3-204(2)(e)">whose driving privileges are denied or suspended under:<subsection number="53-3-204(2)(e)(i)">Section <xref depth="3" refnumber="80-6-707" start="0">80-6-707</xref> by an order of the juvenile court; or</subsection><subsection number="53-3-204(2)(e)(ii)">Section <xref depth="3" refnumber="53-3-231" start="0">53-3-231</xref>; or</subsection></subsection><subsection number="53-3-204(2)(f)">beginning on or after July 1, 2012, who holds an unexpired Utah identification card issued under <xref depth="2" refnumber="53-3-8" start="2">Part 8, Identification Card Act</xref>, unless:<subsection number="53-3-204(2)(f)(i)">the Utah identification card is canceled; and</subsection><subsection number="53-3-204(2)(f)(ii)">if the Utah identification card is in the person's possession, the Utah identification card is surrendered to the division.</subsection></subsection></subsection><subsection number="53-3-204(3)"><subsection number="53-3-204(3)(a)">Except as provided in Subsection (3)(b) or (c), the division may not grant a motorcycle endorsement to an individual who:<subsection number="53-3-204(3)(a)(i)">does not hold an original or provisional class D license, a CDL, or an out-of-state equivalent to an original or provisional class D license or a CDL; or</subsection><subsection number="53-3-204(3)(a)(ii)">if the individual is under 19 years old, has not held a motorcycle learner permit for two months.</subsection></subsection><subsection number="53-3-204(3)(b)">The division may waive the two-month motorcycle learner permit holding period requirement described in Subsection <xref depth="4" refnumber="53-3-204(3)(a)(ii)" start="0">(3)(a)(ii)</xref> if the individual proves to the satisfaction of the division that the individual has completed a motorcycle rider education program that meets the requirements described in Section <xref depth="3" refnumber="53-3-903" start="0">53-3-903</xref>.</subsection><subsection number="53-3-204(3)(c)">The division may grant a motorcycle endorsement to an individual under 19 years old who has not held a motorcycle learner permit for two months if the individual was issued a motorcycle endorsement before July 1, 2008.</subsection></subsection><subsection number="53-3-204(4)">The division may grant a class D license to an individual whose commercial license is disqualified under <xref depth="2" refnumber="53-3-4" start="2">Part 4, Uniform Commercial Driver License Act</xref>, if the person is not otherwise sanctioned under this chapter.</subsection></section><section number="53-3-205"><histories><history>Amended by Chapter <modchap sess="2026GS">454</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Application for license or endorsement -- Fee required -- Tests -- Expiration dates of licenses and endorsements -- Information required -- Previous licenses surrendered -- Driving record transferred from other states -- Reinstatement -- Fee required -- License agreement.</catchline><subsection number="53-3-205(1)">An application for an original license, provisional license, or endorsement shall be:<subsection number="53-3-205(1)(a)">made upon a form furnished by the division; and</subsection><subsection number="53-3-205(1)(b)">accompanied by a nonrefundable fee set under Section <xref depth="3" refnumber="53-3-105">53-3-105</xref>.</subsection></subsection><subsection number="53-3-205(2)">An application and fee for an original provisional class D license or an original class D license entitle the applicant to:<subsection number="53-3-205(2)(a)">not more than three attempts to pass both the knowledge and the skills tests for a class D license within six months after the date of the application;</subsection><subsection number="53-3-205(2)(b)">a learner permit if needed pending completion of the application and testing process; and</subsection><subsection number="53-3-205(2)(c)">an original class D license and license certificate after all tests are passed and requirements are completed.</subsection></subsection><subsection number="53-3-205(3)">An application and fee for a motorcycle or taxicab endorsement entitle the applicant to:<subsection number="53-3-205(3)(a)">not more than three attempts to pass both the knowledge and skills tests within six months after the date of the application;</subsection><subsection number="53-3-205(3)(b)">a motorcycle learner permit after the motorcycle knowledge test is passed; and</subsection><subsection number="53-3-205(3)(c)">a motorcycle or taxicab endorsement when all tests are passed.</subsection></subsection><subsection number="53-3-205(4)">An application for a commercial class A, B, or C license entitles the applicant to:<subsection number="53-3-205(4)(a)">not more than two attempts to pass a knowledge test when accompanied by the fee provided in Subsection <xref depth="4" refnumber="53-3-105(18)">53-3-105(18)</xref>;</subsection><subsection number="53-3-205(4)(b)">not more than two attempts to pass a skills test when accompanied by a fee in Subsection <xref depth="4" refnumber="53-3-105(19)">53-3-105(19)</xref> within six months after the date of application;</subsection><subsection number="53-3-205(4)(c)">both a commercial driver instruction permit and a temporary license permit for the license class held before the applicant submits the application if needed after the knowledge test is passed; and</subsection><subsection number="53-3-205(4)(d)">an original commercial class A, B, or C license and license certificate when all applicable tests are passed.</subsection></subsection><subsection number="53-3-205(5)">An application and fee for a CDL endorsement entitle the applicant to:<subsection number="53-3-205(5)(a)">not more than two attempts to pass a knowledge test and not more than two attempts to pass a skills test within six months after the date of the application; and</subsection><subsection number="53-3-205(5)(b)">a CDL endorsement when all tests are passed.</subsection></subsection><subsection number="53-3-205(6)"><subsection number="53-3-205(6)(a)">If a CDL applicant does not pass a knowledge test, skills test, or an endorsement test within the number of attempts provided in Subsection <xref depth="4" refnumber="53-3-205(4)">(4)</xref> or <xref depth="4" refnumber="53-3-205(5)">(5)</xref>, each test may be taken two additional times within the six months for the fee provided in Section <xref depth="3" refnumber="53-3-105">53-3-105</xref>.</subsection><subsection number="53-3-205(6)(b)"><subsection number="53-3-205(6)(b)(i)">An out-of-state resident who holds a valid CDIP issued by a state or jurisdiction that is compliant with 49 C.F.R. Part 383 may take a skills test administered by the division if the out-of-state resident pays the fee provided in Subsection <xref depth="4" refnumber="53-3-105(19)">53-3-105(19)</xref>.</subsection><subsection number="53-3-205(6)(b)(ii)">The division shall:<subsection number="53-3-205(6)(b)(ii)(A)">electronically transmit skills test results for an out-of-state resident to the licensing agency in the state or jurisdiction in which the out-of-state resident has obtained a valid CDIP; and</subsection><subsection number="53-3-205(6)(b)(ii)(B)">provide the out-of-state resident with documentary evidence upon successful completion of the skills test.</subsection></subsection></subsection></subsection><subsection number="53-3-205(7)"><subsection number="53-3-205(7)(a)"><subsection number="53-3-205(7)(a)(i)">Except as provided under Subsections <xref depth="4" refnumber="53-3-205(7)(a)(ii)">(7)(a)(ii)</xref>, (f), and (g), an original class D license expires on the birth date of the applicant in the eighth year after the year the license certificate was issued.</subsection><subsection number="53-3-205(7)(a)(ii)">An original provisional class D license expires on the birth date of the applicant in the fifth year following the year the license certificate was issued.</subsection><subsection number="53-3-205(7)(a)(iii)">Except as provided in Subsection <xref depth="4" refnumber="53-3-205(7)(f)">(7)(f)</xref>, a limited term class D license expires on the birth date of the applicant in the fifth year the license certificate was issued.</subsection></subsection><subsection number="53-3-205(7)(b)">Except as provided under Subsections <xref depth="4" refnumber="53-3-205(7)(f)">(7)(f)</xref> and <xref depth="4" refnumber="53-3-205(g)">(g)</xref>, a renewal or an extension to a license expires on the birth date of the licensee in the eighth year after the expiration date of the license certificate renewed or extended.</subsection><subsection number="53-3-205(7)(c)">Except as provided under Subsections <xref depth="4" refnumber="53-3-205(7)(f)">(7)(f)</xref> and <xref depth="4" refnumber="53-3-205(g)">(g)</xref>, a duplicate license expires on the same date as the last license certificate issued.</subsection><subsection number="53-3-205(7)(d)">An endorsement to a license expires on the same date as the license certificate regardless of the date the endorsement was granted.</subsection><subsection number="53-3-205(7)(e)"><subsection number="53-3-205(7)(e)(i)">A regular license certificate and an endorsement to the regular license certificate held by an individual described in Subsection <xref depth="4" refnumber="53-3-205(7)(e)(ii)">(7)(e)(ii)</xref>, that expires during the time period the individual is stationed outside of the state, is valid until 90 days after the individual's orders are terminated, the individual is discharged, or the individual's assignment is changed or terminated, unless:<subsection number="53-3-205(7)(e)(i)(A)">the license is suspended, disqualified, denied, or has been cancelled or revoked by the division; or</subsection><subsection number="53-3-205(7)(e)(i)(B)">the licensee updates the information or photograph on the license certificate.</subsection></subsection><subsection number="53-3-205(7)(e)(ii)">The provisions in Subsection <xref depth="4" refnumber="53-3-205(7)(e)(i)">(7)(e)(i)</xref> apply to an individual:<subsection number="53-3-205(7)(e)(ii)(A)">ordered to active duty and stationed outside of Utah in any of the armed forces of the United States;</subsection><subsection number="53-3-205(7)(e)(ii)(B)">who is an immediate family member or dependent of an individual described in Subsection <xref depth="4" refnumber="53-3-205(7)(e)(ii)(a)">(7)(e)(ii)(A)</xref> and is residing outside of Utah;</subsection><subsection number="53-3-205(7)(e)(ii)(C)">who is a civilian employee of the United States State Department or United States Department of Defense and is stationed outside of the United States; or</subsection><subsection number="53-3-205(7)(e)(ii)(D)">who is an immediate family member or dependent of an individual described in Subsection <xref depth="4" refnumber="53-3-205(7)(e)(ii)(c)">(7)(e)(ii)(C)</xref> and is residing outside of the United States.</subsection></subsection></subsection><subsection number="53-3-205(7)(f)"><subsection number="53-3-205(7)(f)(i)">Except as provided in Subsection <xref depth="4" refnumber="53-3-205(7)(f)(ii)">(7)(f)(ii)</xref>, a limited-term license certificate or a renewal to a limited-term license certificate expires:<subsection number="53-3-205(7)(f)(i)(A)">on the expiration date of the period of time of the individual's authorized stay in the United States or on the date provided under this Subsection <xref depth="4" refnumber="53-3-205(7)">(7)</xref>, whichever is sooner; or</subsection><subsection number="53-3-205(7)(f)(i)(B)">on the date of issuance in the first year following the year that the limited-term license certificate was issued if there is no definite end to the individual's period of authorized stay.</subsection></subsection><subsection number="53-3-205(7)(f)(ii)">A limited-term license certificate or a renewal to a limited-term license certificate issued to an approved asylee or a refugee expires on the birth date of the applicant in the fifth year following the year that the limited-term license certificate was issued.</subsection></subsection><subsection number="53-3-205(7)(g)">A driving privilege card issued or renewed under Section <xref depth="3" refnumber="53-3-207">53-3-207</xref> expires on the birth date of the applicant in the first year following the year that the driving privilege card was issued or renewed.</subsection></subsection><subsection number="53-3-205(8)"><subsection number="53-3-205(8)(a)">In addition to the information required by Title <xref depth="1" refnumber="63G-4">63G, Chapter 4</xref>, Administrative Procedures Act, for requests for agency action, an applicant shall:<subsection number="53-3-205(8)(a)(i)">provide:<subsection number="53-3-205(8)(a)(i)(A)">the applicant's full legal name;</subsection><subsection number="53-3-205(8)(a)(i)(B)">the applicant's birth date;</subsection><subsection number="53-3-205(8)(a)(i)(C)">the applicant's sex;</subsection><subsection number="53-3-205(8)(a)(i)(D)"><subsection number="53-3-205(8)(a)(i)(D)(I)">documentary evidence of the applicant's valid social security number;</subsection><subsection number="53-3-205(8)(a)(i)(D)(II)">written proof that the applicant is ineligible to receive a social security number;</subsection><subsection number="53-3-205(8)(a)(i)(D)(III)">the applicant's temporary identification number issued by the Internal Revenue Service for an individual who:<subsection number="53-3-205(8)(a)(i)(D)(III)(Aa)">does not qualify for a social security number; and</subsection><subsection number="53-3-205(8)(a)(i)(D)(III)(Bb)">is applying for a driving privilege card; or</subsection></subsection><subsection number="53-3-205(8)(a)(i)(D)(IV)">other documentary evidence approved by the division;</subsection></subsection><subsection number="53-3-205(8)(a)(i)(E)">the applicant's Utah residence address as documented by a form or forms acceptable under rules made by the division under Section <xref depth="3" refnumber="53-3-104">53-3-104</xref>; and</subsection><subsection number="53-3-205(8)(a)(i)(F)">fingerprints, or a fingerprint confirmation form described in Subsection <xref depth="4" refnumber="53-3-205.5(1)(a)(ii)">53-3-205.5(1)(a)(ii)</xref>, and a photograph in accordance with Section <xref depth="3" refnumber="53-3-205.5">53-3-205.5</xref> if the applicant is applying for a driving privilege card;</subsection></subsection><subsection number="53-3-205(8)(a)(ii)">provide evidence of the applicant's lawful presence in the United States by providing documentary evidence:<subsection number="53-3-205(8)(a)(ii)(A)">that the applicant is:<subsection number="53-3-205(8)(a)(ii)(A)(I)">a United States citizen;</subsection><subsection number="53-3-205(8)(a)(ii)(A)(II)">a United States national; or</subsection><subsection number="53-3-205(8)(a)(ii)(A)(III)">a legal permanent resident alien; or</subsection></subsection><subsection number="53-3-205(8)(a)(ii)(B)">of the applicant's:<subsection number="53-3-205(8)(a)(ii)(B)(I)">unexpired immigrant or nonimmigrant visa status for admission into the United States;</subsection><subsection number="53-3-205(8)(a)(ii)(B)(II)">pending or approved application for asylum in the United States;</subsection><subsection number="53-3-205(8)(a)(ii)(B)(III)">admission into the United States as a refugee;</subsection><subsection number="53-3-205(8)(a)(ii)(B)(IV)">pending or approved application for temporary protected status in the United States;</subsection><subsection number="53-3-205(8)(a)(ii)(B)(V)">approved deferred action status;</subsection><subsection number="53-3-205(8)(a)(ii)(B)(VI)">pending application for adjustment of status to legal permanent resident or conditional resident; or</subsection><subsection number="53-3-205(8)(a)(ii)(B)(VII)">conditional permanent resident alien status;</subsection></subsection></subsection><subsection number="53-3-205(8)(a)(iii)">provide a description of the applicant;</subsection><subsection number="53-3-205(8)(a)(iv)">state whether the applicant has previously been licensed to drive a motor vehicle and, if so, when and by what state or country;</subsection><subsection number="53-3-205(8)(a)(v)">state whether the applicant has ever had a license suspended, cancelled, revoked, disqualified, or denied in the last 10 years, or whether the applicant has ever had a license application refused, and if so, the date of and reason for the suspension, cancellation, revocation, disqualification, denial, or refusal;</subsection><subsection number="53-3-205(8)(a)(vi)">state whether the applicant intends to make an anatomical gift under Title <xref depth="2" refnumber="26B-8-3">26B, Chapter 8, Part 3</xref>, Revised Uniform Anatomical Gift Act, in compliance with Subsection <xref depth="4" refnumber="53-3-205(15)">(15)</xref>;</subsection><subsection number="53-3-205(8)(a)(vii)">state whether the applicant is required to register as a sex offender, kidnap offender, or child abuse offender, in accordance with Title <xref depth="1" refnumber="53-29">53, Chapter 29</xref>, Sex, Kidnap, and Child Abuse Offender Registry;</subsection><subsection number="53-3-205(8)(a)(viii)">state whether the applicant is a veteran of the United States military, provide verification that the applicant was granted an honorable or general discharge from the United States Armed Forces, and state whether the applicant does or does not authorize sharing the information with the Department of Veterans and Military Affairs;</subsection><subsection number="53-3-205(8)(a)(ix)">provide all other information the division requires; and</subsection><subsection number="53-3-205(8)(a)(x)">sign the application which signature may include an electronic signature as defined in Section <xref depth="3" refnumber="46-4-102">46-4-102</xref>.</subsection></subsection><subsection number="53-3-205(8)(b)">Unless the applicant provides acceptable verification of homelessness as described in rules made by the division, an applicant shall have a Utah residence address.</subsection><subsection number="53-3-205(8)(c)">An applicant shall provide evidence of lawful presence in the United States in accordance with Subsection <xref depth="4" refnumber="53-3-205(8)(a)(ii)">(8)(a)(ii)</xref>, unless the application is for a driving privilege card.</subsection><subsection number="53-3-205(8)(d)">The division shall maintain on the division's computerized records an applicant's:<subsection number="53-3-205(8)(d)(i)"><subsection number="53-3-205(8)(d)(i)(A)">social security number;</subsection><subsection number="53-3-205(8)(d)(i)(B)">temporary identification number; or</subsection><subsection number="53-3-205(8)(d)(i)(C)">other number assigned by the division if Subsection <xref depth="4" refnumber="53-3-205(8)(a)(i)(d)(iv)">(8)(a)(i)(D)(IV)</xref> applies; and</subsection></subsection><subsection number="53-3-205(8)(d)(ii)">indication whether the applicant is required to register as a sex offender, kidnap offender, or child abuse offender in accordance with Title <xref depth="1" refnumber="53-29">53, Chapter 29</xref>, Sex, Kidnap, and Child Abuse Offender Registry.</subsection></subsection></subsection><subsection number="53-3-205(9)">The division shall require proof of an applicant's name, birth date, and birthplace by at least one of the following means:<subsection number="53-3-205(9)(a)">current license certificate;</subsection><subsection number="53-3-205(9)(b)">birth certificate;</subsection><subsection number="53-3-205(9)(c)">Selective Service registration; or</subsection><subsection number="53-3-205(9)(d)">other proof, including church records, family Bible notations, school records, or other evidence considered acceptable by the division.</subsection></subsection><subsection number="53-3-205(10)"><subsection number="53-3-205(10)(a)">Except as provided in Subsection <xref depth="4" refnumber="53-3-205(10)(c)">(10)(c)</xref>, if an applicant receives a license in a higher class than what the applicant originally was issued:<subsection number="53-3-205(10)(a)(i)">the license application is treated as an original application; and</subsection><subsection number="53-3-205(10)(a)(ii)">license and endorsement fees is assessed under Section <xref depth="3" refnumber="53-3-105">53-3-105</xref>.</subsection></subsection><subsection number="53-3-205(10)(b)">An applicant that receives a downgraded license in a lower license class during an existing license cycle that has not expired:<subsection number="53-3-205(10)(b)(i)">may be issued a duplicate license with a lower license classification for the remainder of the existing license cycle; and</subsection><subsection number="53-3-205(10)(b)(ii)">shall be assessed a duplicate license fee under Subsection <xref depth="4" refnumber="53-3-105(25)">53-3-105(25)</xref> if a duplicate license is issued under Subsection <xref depth="4" refnumber="53-3-205(10)(b)(i)">(10)(b)(i)</xref>.</subsection></subsection><subsection number="53-3-205(10)(c)">An applicant who has received a downgraded license in a lower license class under Subsection <xref depth="4" refnumber="53-3-205(10)(b)">(10)(b)</xref>:<subsection number="53-3-205(10)(c)(i)">may, when eligible, receive a duplicate license in the highest class previously issued during a license cycle that has not expired for the remainder of the existing license cycle; and</subsection><subsection number="53-3-205(10)(c)(ii)">shall be assessed a duplicate license fee under Subsection <xref depth="4" refnumber="53-3-105(25)">53-3-105(25)</xref> if a duplicate license is issued under Subsection <xref depth="4" refnumber="53-3-205(10)(c)(i)">(10)(c)(i)</xref>.</subsection></subsection></subsection><subsection number="53-3-205(11)"><subsection number="53-3-205(11)(a)">When an application is received from an applicant previously licensed in another state to drive a motor vehicle, the division shall request a copy of the driver's record from the other state.</subsection><subsection number="53-3-205(11)(b)">When received, the driver's record becomes part of the driver's record in this state with the same effect as though entered originally on the driver's record in this state.</subsection></subsection><subsection number="53-3-205(12)">An application for reinstatement of a license after the suspension, cancellation, disqualification, denial, or revocation of a previous license is accompanied by the additional fee or fees specified in Section <xref depth="3" refnumber="53-3-105">53-3-105</xref>.</subsection><subsection number="53-3-205(13)">An individual who has an appointment with the division for testing and fails to keep the appointment or to cancel at least 48 hours in advance of the appointment shall pay the fee under Section <xref depth="3" refnumber="53-3-105">53-3-105</xref>.</subsection><subsection number="53-3-205(14)">An applicant who applies for an original license or renewal of a license agrees that the individual's license is subject to a suspension or revocation authorized under this title or Title <xref depth="0" refnumber="41">41, Motor Vehicles</xref>.</subsection><subsection number="53-3-205(15)"><subsection number="53-3-205(15)(a)">Upon an application for a commercial class A, B, or C license, the applicant shall sign an acknowledgment, issued by the division, acknowledging that to pass a commercial driver license skills test, the applicant is required to read and speak the English language sufficiently to:<subsection number="53-3-205(15)(a)(i)">converse with the general public;</subsection><subsection number="53-3-205(15)(a)(ii)">understand highway traffic signs and signals;</subsection><subsection number="53-3-205(15)(a)(iii)">respond to official inquiries; and</subsection><subsection number="53-3-205(15)(a)(iv)">make entries on reports and records.</subsection></subsection><subsection number="53-3-205(15)(b)">The division shall file and retain the acknowledgment described in Subsection <xref depth="4" refnumber="53-3-205(15)(a)">(15)(a)</xref>.</subsection></subsection><subsection number="53-3-205(16)"><subsection number="53-3-205(16)(a)">A licensee shall authenticate the indication of intent under Subsection <xref depth="4" refnumber="53-3-205(8)(a)(vi)">(8)(a)(vi)</xref> in accordance with division rule.</subsection><subsection number="53-3-205(16)(b)"><subsection number="53-3-205(16)(b)(i)">Notwithstanding Title <xref depth="1" refnumber="63G-2">63G, Chapter 2</xref>, Government Records Access and Management Act, the division may, upon request, release to an organ procurement organization, as defined in Section <xref depth="3" refnumber="26B-8-301">26B-8-301</xref>, the names and addresses of all applicants who, under Subsection <xref depth="4" refnumber="53-3-205(8)(a)(vi)">(8)(a)(vi)</xref>, indicate that they intend to make an anatomical gift.</subsection><subsection number="53-3-205(16)(b)(ii)">An organ procurement organization may use released information only to:<subsection number="53-3-205(16)(b)(ii)(A)">obtain additional information for an anatomical gift registry; and</subsection><subsection number="53-3-205(16)(b)(ii)(B)">inform licensees of anatomical gift options, procedures, and benefits.</subsection></subsection></subsection></subsection><subsection number="53-3-205(17)">Notwithstanding Title <xref depth="1" refnumber="63G-2">63G, Chapter 2</xref>, Government Records Access and Management Act, the division may release to the Department of Veterans and Military Affairs the names and addresses of all applicants who indicate their status as a veteran under Subsection <xref depth="4" refnumber="53-3-205(8)(a)(viii)">(8)(a)(viii)</xref>.</subsection><subsection number="53-3-205(18)">Notwithstanding Title <xref depth="1" refnumber="63G-2">63G, Chapter 2</xref>, Government Records Access and Management Act, the division shall, upon request, release to the Bureau of Criminal Identification within the Department of Public Safety, the names and addresses of all applicants who, under Subsection <xref depth="4" refnumber="53-3-205(8)(a)(vii)">(8)(a)(vii)</xref>, indicate they are required to register as a sex offender, kidnap offender, or child abuse offender in accordance with Title <xref depth="1" refnumber="53-29">53, Chapter 29</xref>, Sex, Kidnap, and Child Abuse Offender Registry.</subsection><subsection number="53-3-205(19)">The division and its employees are not liable, as a result of false or inaccurate information provided under Subsection <xref depth="4" refnumber="53-3-205(8)(a)(vi)">(8)(a)(vi)</xref> or <xref depth="4" refnumber="53-3-205(viii)">(viii)</xref>, for direct or indirect:<subsection number="53-3-205(19)(a)">loss;</subsection><subsection number="53-3-205(19)(b)">detriment; or</subsection><subsection number="53-3-205(19)(c)">injury.</subsection></subsection><subsection number="53-3-205(20)">An applicant who knowingly fails to provide the information required under Subsection <xref depth="4" refnumber="53-3-205(8)(a)(vii)">(8)(a)(vii)</xref> is guilty of a class A misdemeanor.</subsection><subsection number="53-3-205(21)">A person may not hold both an unexpired Utah license certificate and an unexpired identification card.</subsection><subsection number="53-3-205(22)"><subsection number="53-3-205(22)(a)">An applicant who applies for an original motorcycle endorsement to a regular license certificate is exempt from the requirement to pass the knowledge and skills test to be eligible for the motorcycle endorsement if the applicant:<subsection number="53-3-205(22)(a)(i)">is a resident of the state of Utah;</subsection><subsection number="53-3-205(22)(a)(ii)"><subsection number="53-3-205(22)(a)(ii)(A)">is ordered to active duty and stationed outside of Utah in any of the armed forces of the United States; or</subsection><subsection number="53-3-205(22)(a)(ii)(B)">is an immediate family member or dependent of an individual described in Subsection (22)(a)(ii)(A) and is residing outside of Utah;</subsection></subsection><subsection number="53-3-205(22)(a)(iii)">has a digitized driver license photo on file with the division;</subsection><subsection number="53-3-205(22)(a)(iv)">provides proof to the division of the successful completion of a certified Motorcycle Safety Foundation rider training course; and</subsection><subsection number="53-3-205(22)(a)(v)">provides the necessary information and documentary evidence required under Subsection <xref depth="4" refnumber="53-3-205(8)">(8)</xref>.</subsection></subsection><subsection number="53-3-205(22)(b)">In accordance with Title <xref depth="1" refnumber="63G-3">63G, Chapter 3</xref>, Utah Administrative Rulemaking Act, the division shall make rules:<subsection number="53-3-205(22)(b)(i)">establishing the procedures for an individual to obtain a motorcycle endorsement under this Subsection <xref depth="4" refnumber="53-3-205(21)">(21)</xref>; and</subsection><subsection number="53-3-205(22)(b)(ii)">identifying the applicable restrictions for a motorcycle endorsement issued under this Subsection <xref depth="4" refnumber="53-3-205(21)">(21)</xref>.</subsection></subsection></subsection></section><section number="53-3-205.5"><histories><history>Amended by Chapter <modchap sess="2023GS">454</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Fingerprint and photograph submission requirements for driving privilege card applicants and cardholders -- Approved private fingerprint vendor requests -- Division approval of a vendor.</catchline><subsection number="53-3-205.5(1)"><subsection number="53-3-205.5(1)(a)"> Every applicant for an original driving privilege card shall submit an application to the division and, in a sealed envelope provided by the Bureau of Criminal Identification, an approved fingerprint vendor, or a law enforcement agency, either:<subsection number="53-3-205.5(1)(a)(i)"> a photograph of the applicant and the applicant's fingerprints; or</subsection><subsection number="53-3-205.5(1)(a)(ii)"> a photograph of the applicant and a confirmation form from an approved fingerprint vendor, described in Subsection <xref depth="4" refnumber="53-3-205.5(1)(c)" start="0">(1)(c)</xref>, stating that: <subsection number="53-3-205.5(1)(a)(ii)(A)"> the vendor attests that the vendor verified the photograph to be placed in the envelope is a photograph of the individual whose fingerprints were digitally taken; and</subsection><subsection number="53-3-205.5(1)(a)(ii)(B)"> the vendor attests to have electronically submitted the digital fingerprint scans of the photographed individual directly to the Bureau of Criminal Identification's fingerprint database.</subsection></subsection></subsection><subsection number="53-3-205.5(1)(b)"> If an applicant for a renewal of a driving privilege card has not previously submitted the required materials listed in Subsection <xref depth="4" refnumber="53-3-205.5(1)(a)" start="0">(1)(a)</xref> to the division, the applicant shall submit the required materials listed in Subsection <xref depth="4" refnumber="53-3-205.5(1)(a)" start="0">(1)(a)</xref> in a sealed envelope provided by the Bureau of Criminal Identification or a law enforcement agency.</subsection><subsection number="53-3-205.5(1)(c)"><subsection number="53-3-205.5(1)(c)(i)"> The division shall create and maintain on the division's website a list of approved fingerprint vendors and each vendor's contact information.</subsection><subsection number="53-3-205.5(1)(c)(ii)"> The division shall review an approval request from a fingerprint vendor and determine whether to approve the vendor and add the vendor to the approved fingerprint vendor website list.</subsection><subsection number="53-3-205.5(1)(c)(iii)"> The division shall approve a fingerprint vendor and add the vendor to the division's website list if the vendor: <subsection number="53-3-205.5(1)(c)(iii)(A)"> uses digital fingerprint technology that can submit digital fingerprints directly to the Bureau of Criminal Identification's database;</subsection><subsection number="53-3-205.5(1)(c)(iii)(B)"> agrees to verify the identity of the individual by visually inspecting a government-issued photograph identification, as described in Subsection <xref depth="4" refnumber="53-3-205.5(1)(c)(iv)" start="0">(1)(c)(iv)</xref>, that the individual is required to present to the vendor;</subsection><subsection number="53-3-205.5(1)(c)(iii)(C)"> agrees to certify on the fingerprint confirmation form that the individual fingerprinted and the individual photographed under Subsection <xref depth="4" refnumber="53-3-205.5(1)(a)(ii)" start="0">(1)(a)(ii)</xref> are the same individual; and</subsection><subsection number="53-3-205.5(1)(c)(iii)(D)"> agrees to place the photograph and fingerprint confirmation form inside the envelope described in Subsection <xref depth="4" refnumber="53-3-205.5(1)(a)" start="0">(1)(a)</xref> and to seal the envelope.</subsection></subsection><subsection number="53-3-205.5(1)(c)(iv)"> A fingerprint vendor may accept a government-issued form of identification described in Subsection <xref depth="4" refnumber="53-3-205.5(1)(c)(v)" start="0">(1)(c)(v)</xref> for purposes of Subsection <xref depth="4" refnumber="53-3-205.5(1)(c)(iii)(B)" start="0">(1)(c)(iii)(B)</xref> if the identification includes the individual's name and photograph.</subsection><subsection number="53-3-205.5(1)(c)(v)"> A fingerprint vendor may accept the following photographic identifications required in Subsection <xref depth="4" refnumber="53-3-205.5(1)(c)(iv)" start="0">(1)(c)(iv)</xref>: <subsection number="53-3-205.5(1)(c)(v)(A)"> a driver license from any state or country;</subsection><subsection number="53-3-205.5(1)(c)(v)(B)"> an identification card from any state or country;</subsection><subsection number="53-3-205.5(1)(c)(v)(C)"> a passport from any country;</subsection><subsection number="53-3-205.5(1)(c)(v)(D)"> a passport card from any country;</subsection><subsection number="53-3-205.5(1)(c)(v)(E)"> a border crossing card;</subsection><subsection number="53-3-205.5(1)(c)(v)(F)"> a consulate card from any country;</subsection><subsection number="53-3-205.5(1)(c)(v)(G)"> a visa;</subsection><subsection number="53-3-205.5(1)(c)(v)(H)"> an employment authorization card;</subsection><subsection number="53-3-205.5(1)(c)(v)(I)"> a foreign voter's registration card;</subsection><subsection number="53-3-205.5(1)(c)(v)(J)"> a military identification card; and</subsection><subsection number="53-3-205.5(1)(c)(v)(K)"> other forms of identification approved by the division.</subsection></subsection></subsection><subsection number="53-3-205.5(1)(d)"><subsection number="53-3-205.5(1)(d)(i)"> The Bureau of Criminal Identification, an approved fingerprint vendor, or a law enforcement agency that has the capability of handling fingerprint and photograph submissions shall take the applicant's fingerprints and photo for submission under Subsection <xref depth="4" refnumber="53-3-205.5(1)" start="0">(1)</xref>.</subsection><subsection number="53-3-205.5(1)(d)(ii)"> An approved fingerprint vendor shall take the applicant's fingerprints via digital fingerprint technology and electronically submit the digital fingerprint scans directly to the Bureau of Criminal Identification's database.</subsection></subsection></subsection><subsection number="53-3-205.5(2)"> The division shall submit fingerprints or a fingerprint confirmation form for each person described in Subsection <xref depth="4" refnumber="53-3-205.5(1)" start="0">(1)</xref> to the Bureau of Criminal Identification established in Section <xref depth="3" refnumber="53-10-201" start="0">53-10-201</xref>.</subsection><subsection number="53-3-205.5(3)"> The Bureau of Criminal Identification shall: <subsection number="53-3-205.5(3)(a)"> check the fingerprints submitted under Subsection <xref depth="4" refnumber="53-3-205.5(1)" start="0">(1)</xref> against the applicable state and regional criminal records databases;</subsection><subsection number="53-3-205.5(3)(b)"> maintain a separate file of fingerprints submitted under Subsection <xref depth="4" refnumber="53-3-205.5(1)" start="0">(1)</xref> for search by future submissions to the local, state, and regional criminal records databases, including latent prints; and</subsection><subsection number="53-3-205.5(3)(c)"> provide notice to the federal Immigration and Customs Enforcement Agency of the United States Department of Homeland Security of any new or existing criminal history record or new or existing warrant information contained in or entered in local, state, or regional databases.</subsection></subsection><subsection number="53-3-205.5(4)"> In addition to any other fees authorized by this chapter, the division shall: <subsection number="53-3-205.5(4)(a)"> impose on individuals submitting fingerprints in accordance with this section the fees that the Bureau of Criminal Identification is authorized to collect for the services the Bureau of Criminal Identification or other authorized agency provides under this section; and</subsection><subsection number="53-3-205.5(4)(b)"> remit the fees collected under Subsection <xref depth="4" refnumber="53-3-205.5(4)(a)" start="0">(4)(a)</xref> to the Bureau of Criminal Identification.</subsection></subsection></section><section number="53-3-205.6"><histories><history>Enacted by Chapter <modchap sess="2012GS">252</modchap>, 2012 General Session</history><modyear>2012</modyear></histories><catchline>Emergency contact database.</catchline><subsection number="53-3-205.6(1)"><subsection number="53-3-205.6(1)(a)"> The division shall establish a database of the emergency contacts of a person who holds a license certificate, learner permit, identification card, or any other type of license or permit issued under this chapter.</subsection><subsection number="53-3-205.6(1)(b)"> Information in the database created under this section may only be accessed by:<subsection number="53-3-205.6(1)(b)(i)"> employees of the division;</subsection><subsection number="53-3-205.6(1)(b)(ii)"> law enforcement officers employed by a law enforcement agency; and</subsection><subsection number="53-3-205.6(1)(b)(iii)"> employees or authorized agents of a law enforcement agency.</subsection></subsection><subsection number="53-3-205.6(1)(c)"> A law enforcement officer may share information contained in the emergency contact database with other public safety workers on the scene of a motor vehicle accident or other emergency situation, as needed to conduct official law enforcement duties.</subsection></subsection><subsection number="53-3-205.6(2)"> A person holding a license certificate, learner permit, identification card, or any other type of license or permit issued under this chapter may provide the division, in a manner specified by the division, the name, address, telephone number, and relationship to the holder of no more than two emergency contact persons whom the holder wishes to be contacted by a law enforcement officer if the holder: <subsection number="53-3-205.6(2)(a)"> is involved in a motor vehicle accident or other emergency situation; and</subsection><subsection number="53-3-205.6(2)(b)"> is unable to communicate with the contact person or persons.</subsection></subsection><subsection number="53-3-205.6(3)"> The information contained in the database created under this section: <subsection number="53-3-205.6(3)(a)"> shall only be used for the purposes described in this section; and</subsection><subsection number="53-3-205.6(3)(b)"> may not be used for criminal investigation purposes.</subsection></subsection><subsection number="53-3-205.6(4)"> In accordance with <xref depth="1" refid="C63G-3_1800010118000101" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, the division shall make rules establishing the procedures to implement this section including: <subsection number="53-3-205.6(4)(a)"> specifying the method for a license certificate, instruction permit, or identification card holder to provide the division with emergency contact information;</subsection><subsection number="53-3-205.6(4)(b)"> specifying the method for a license certificate, learner permit, or identification card holder to change the emergency contact information; and</subsection><subsection number="53-3-205.6(4)(c)"> other rules required for the implementation of the database or its operation that the division determines necessary to implement the provisions of this section.</subsection></subsection><subsection number="53-3-205.6(5)"><subsection number="53-3-205.6(5)(a)"> If a person involved in a motor vehicle accident or other emergency situation is unable to communicate with the contact person or persons specified in the database, a law enforcement officer shall make a good faith effort to notify the contact person or persons of the situation.</subsection><subsection number="53-3-205.6(5)(b)"> A law enforcement officer or a law enforcement agency that employs a law enforcement officer may not incur any liability if the law enforcement officer is not able to make contact with a designated emergency contact person.</subsection><subsection number="53-3-205.6(5)(c)"> Except for willful or wanton misconduct, a law enforcement officer or a law enforcement agency that employs a law enforcement officer may not incur any liability relating to the reporting or use of the database during a motor vehicle accident or other emergency situation.</subsection></subsection><subsection number="53-3-205.6(6)"> The division is not liable for any damages, costs, or expenses arising or resulting from any inaccurate or incomplete data or system unavailability.</subsection></section><section number="53-3-206"><histories><history>Amended by Chapter <modchap sess="2024GS">113</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Examination of applicant's physical and mental fitness to drive a motor vehicle.</catchline><subsection number="53-3-206(1)">The division shall examine every applicant for a license, including a test of the applicant's:<subsection number="53-3-206(1)(a)">eyesight either:<subsection number="53-3-206(1)(a)(i)">by the division; or</subsection><subsection number="53-3-206(1)(a)(ii)">by allowing the applicant to furnish to the division a statement from a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, a physician assistant licensed under Title 58, Chapter 70A, Utah Physician Assistant Act, or an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;</subsection></subsection><subsection number="53-3-206(1)(b)">ability to read and understand highway signs regulating, warning, and directing traffic;</subsection><subsection number="53-3-206(1)(c)">ability to read and understand simple English used in highway traffic and directional signs;</subsection><subsection number="53-3-206(1)(d)">knowledge of the state traffic laws;</subsection><subsection number="53-3-206(1)(e)">other physical and mental abilities the division finds necessary to determine the applicant's fitness to drive a motor vehicle safely on the highways; and</subsection><subsection number="53-3-206(1)(f)">ability to exercise ordinary and responsible control driving a motor vehicle, as determined by actual demonstration or other indicator.</subsection></subsection><subsection number="53-3-206(2)"><subsection number="53-3-206(2)(a)">Subject to Subsection (2)(d), and notwithstanding the provisions of Subsection (1) or any other provision of law, the division shall allow an individual to take an examination of the individual's knowledge of the state traffic laws in the individual's preferred language:<subsection number="53-3-206(2)(a)(i)">if the individual is a refugee, an approved asylee, or a covered humanitarian parolee:<subsection number="53-3-206(2)(a)(i)(A)">the first time the individual applies for a limited-term license certificate; and</subsection><subsection number="53-3-206(2)(a)(i)(B)">the first time the individual applies for a renewal of a limited-term license certificate; and</subsection></subsection><subsection number="53-3-206(2)(a)(ii)">for any other individual applying for a class D license certificate:<subsection number="53-3-206(2)(a)(ii)(A)">the first time the individual applies for a class D license certificate; and</subsection><subsection number="53-3-206(2)(a)(ii)(B)">the first time the individual applies for a renewal of a class D license certificate.</subsection></subsection></subsection><subsection number="53-3-206(2)(b)"><subsection number="53-3-206(2)(b)(i)">Upon the second renewal of a refugee's, an approved asylee's, or a covered humanitarian parolee's limited-term license certificate for a refugee, an approved asylee, or a covered humanitarian parolee that has taken the knowledge exam in the individual's preferred language under Subsection (2)(a), the division shall re-examine the individual's knowledge of the state traffic laws in English.</subsection><subsection number="53-3-206(2)(b)(ii)">Upon the second renewal of an individual's class D license certificate of an individual who has taken the knowledge exam in the individual's preferred language under Subsection (2)(a)(ii), the division shall re-examine the individual's knowledge of the state traffic laws in English.</subsection></subsection><subsection number="53-3-206(2)(c)">In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules establishing the procedures and requirements for the examination of the individual's knowledge of the state traffic laws in the individual's preferred language.</subsection><subsection number="53-3-206(2)(d)"><subsection number="53-3-206(2)(d)(i)">Beginning on July 1, 2023, for a class D license certificate, except for a driving privilege card issued under Section <xref depth="3" refnumber="53-3-207">53-3-207</xref>, the division shall administer the written knowledge examination in as many languages as reasonably possible given budgetary and other constraints.</subsection><subsection number="53-3-206(2)(d)(ii)">If the division is unable to administer the written knowledge examination in a particular language, an individual may take an examination with the assistance of a translator approved by the division.</subsection><subsection number="53-3-206(2)(d)(iii)">If an individual takes the examination with the assistance of a translator, the individual is responsible for the costs of the translator.</subsection></subsection><subsection number="53-3-206(2)(e)">In order to provide the services described in Subsection (2)(d)(i), the division may contract with a private vendor to provide the translation services or technology.</subsection></subsection><subsection number="53-3-206(3)"><subsection number="53-3-206(3)(a)">For an applicant for an original or a renewal of a class D license, other than a driving privilege card or a limited term license certificate, the division shall provide the examination of an individual's knowledge of the state traffic laws in five commonly spoken languages in the state, other than English, as determined under Subsection (3)(c).</subsection><subsection number="53-3-206(3)(b)">An applicant for an original or a renewal of a class D license, other than a driving privilege card or a limited term license certificate, may request to take the examination of the individual's knowledge of the state traffic laws in a language other than English, if the requested language is one of five commonly spoken languages in the state as determined under Subsection (3)(c).</subsection><subsection number="53-3-206(3)(c)"><subsection number="53-3-206(3)(c)(i)">The Division of Multicultural Affairs created in Section <xref depth="3" refnumber="9-21-201">9-21-201</xref> shall recommend five commonly spoken languages in the state, other than English, for examination of an individual's knowledge of the state traffic laws.</subsection><subsection number="53-3-206(3)(c)(ii)">The division shall offer the examination of an individual's knowledge of the state traffic laws in the five commonly spoken languages, other than English, recommended by the Division of Multicultural Affairs created in Section <xref depth="3" refnumber="9-21-201">9-21-201</xref>.</subsection></subsection></subsection><subsection number="53-3-206(4)">The division shall determine whether any facts exist that would bar granting a license under Section <xref depth="3" refnumber="53-3-204">53-3-204</xref>.</subsection><subsection number="53-3-206(5)">The division shall examine each applicant according to the class of license applied for.</subsection><subsection number="53-3-206(6)">An applicant for a CDL shall meet all additional requirements of Part 4, Uniform Commercial Driver License Act, of this chapter.</subsection><subsection number="53-3-206(7)">The division shall provide a report to the Transportation Interim Committee on or before October 1, 2023, regarding the written knowledge examination in languages other than English, including:<subsection number="53-3-206(7)(a)">costs associated with the program;</subsection><subsection number="53-3-206(7)(b)">the number of languages provided;</subsection><subsection number="53-3-206(7)(c)">the likelihood of adding additional languages in the future; and</subsection><subsection number="53-3-206(7)(d)">other information the division finds relevant.</subsection></subsection></section><section number="53-3-207"><histories><history>Amended by Chapter <modchap sess="2026GS">344</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>License certificates or driving privilege cards issued to drivers by class of motor vehicle -- Contents -- Release of anatomical gift information -- Temporary licenses or driving privilege cards -- Minors' licenses, cards, and permits -- Violation.</catchline><subsection number="53-3-207(1)">As used in this section:<subsection number="53-3-207(1)(a)">"Authorized guardian" means:<subsection number="53-3-207(1)(a)(i)">the parent or legal guardian of a child who:<subsection number="53-3-207(1)(a)(i)(A)">is under 18 years old; and</subsection><subsection number="53-3-207(1)(a)(i)(B)">has an invisible condition; or</subsection></subsection><subsection number="53-3-207(1)(a)(ii)">the legal guardian or conservator of an adult who:<subsection number="53-3-207(1)(a)(ii)(A)">is 18 years old or older; and</subsection><subsection number="53-3-207(1)(a)(ii)(B)">has an invisible condition.</subsection></subsection></subsection><subsection number="53-3-207(1)(b)">"Driving privilege" means the privilege granted under this chapter to drive a motor vehicle.</subsection><subsection number="53-3-207(1)(c)">"First responder" means:<subsection number="53-3-207(1)(c)(i)">a law enforcement officer, as defined in Section <xref depth="3" refnumber="53-13-103" start="0">53-13-103</xref>;</subsection><subsection number="53-3-207(1)(c)(ii)">an emergency medical technician, as defined in Section <xref depth="3" refnumber="53-2e-101" start="0">53-2e-101</xref>;</subsection><subsection number="53-3-207(1)(c)(iii)">an advanced emergency medical technician, as defined in Section <xref depth="3" refnumber="53-2e-101" start="0">53-2e-101</xref>;</subsection><subsection number="53-3-207(1)(c)(iv)">a paramedic, as defined in Section <xref depth="3" refnumber="53-2e-101" start="0">53-2e-101</xref>;</subsection><subsection number="53-3-207(1)(c)(v)">a firefighter, as defined in Section <xref depth="3" refnumber="53H-11-306">53H-11-306</xref>; or</subsection><subsection number="53-3-207(1)(c)(vi)">a dispatcher, as defined in Section <xref depth="3" refnumber="53-6-102" start="0">53-6-102</xref>.</subsection></subsection><subsection number="53-3-207(1)(d)">"Governmental entity" means the state or a political subdivision of the state.</subsection><subsection number="53-3-207(1)(e)">"Health care professional" means:<subsection number="53-3-207(1)(e)(i)">a licensed physician, physician assistant, nurse practitioner, or mental health therapist; or</subsection><subsection number="53-3-207(1)(e)(ii)">any other licensed health care professional the division designates by rule made in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>.</subsection></subsection><subsection number="53-3-207(1)(f)">"Invisible condition" means a physical or mental condition that may interfere with an individual's ability to communicate with a first responder, including:<subsection number="53-3-207(1)(f)(i)">a communication impediment;</subsection><subsection number="53-3-207(1)(f)(ii)">hearing loss;</subsection><subsection number="53-3-207(1)(f)(iii)">blindness or a visual impairment;</subsection><subsection number="53-3-207(1)(f)(iv)">autism spectrum disorder;</subsection><subsection number="53-3-207(1)(f)(v)">a drug allergy;</subsection><subsection number="53-3-207(1)(f)(vi)">Alzheimer's disease or dementia;</subsection><subsection number="53-3-207(1)(f)(vii)">post-traumatic stress disorder;</subsection><subsection number="53-3-207(1)(f)(viii)">traumatic brain injury;</subsection><subsection number="53-3-207(1)(f)(ix)">schizophrenia;</subsection><subsection number="53-3-207(1)(f)(x)">epilepsy;</subsection><subsection number="53-3-207(1)(f)(xi)">a developmental disability;</subsection><subsection number="53-3-207(1)(f)(xii)">Down syndrome;</subsection><subsection number="53-3-207(1)(f)(xiii)">diabetes;</subsection><subsection number="53-3-207(1)(f)(xiv)">a heart condition; or</subsection><subsection number="53-3-207(1)(f)(xv)">any other condition approved by the department.</subsection></subsection><subsection number="53-3-207(1)(g)">"Invisible condition identification symbol" means a symbol or alphanumeric code that indicates that an individual is an individual with an invisible condition.</subsection><subsection number="53-3-207(1)(h)">"Political subdivision" means any county, city, town, school district, public transit district, community reinvestment agency, special improvement or taxing district, special district, special service district, an entity created by an interlocal agreement adopted under <xref depth="1" refnumber="11-13" start="0">Title 11, Chapter 13, Interlocal Cooperation Act</xref>, or other governmental subdivision or public corporation.</subsection><subsection number="53-3-207(1)(i)">"State" means this state, and includes any office, department, agency, authority, commission, board, institution, hospital, college, university, children's justice center, or other instrumentality of the state.</subsection></subsection><subsection number="53-3-207(2)"><subsection number="53-3-207(2)(a)">The division shall issue to every individual privileged to drive a motor vehicle, a regular license certificate, a limited-term license certificate, or a driving privilege card indicating the type or class of motor vehicle the individual may drive.</subsection><subsection number="53-3-207(2)(b)">An individual may not drive a class of motor vehicle unless granted the privilege in that class.</subsection></subsection><subsection number="53-3-207(3)"><subsection number="53-3-207(3)(a)">Every regular license certificate, limited-term license certificate, or driving privilege card shall bear:<subsection number="53-3-207(3)(a)(i)">the distinguishing number assigned to the individual by the division;</subsection><subsection number="53-3-207(3)(a)(ii)">the name, birth date, and Utah residence address of the individual;</subsection><subsection number="53-3-207(3)(a)(iii)">a brief description of the individual for the purpose of identification;</subsection><subsection number="53-3-207(3)(a)(iv)">any restrictions imposed on the license under Section <xref depth="3" refnumber="53-3-208" start="0">53-3-208</xref>;</subsection><subsection number="53-3-207(3)(a)(v)">a photograph of the individual;</subsection><subsection number="53-3-207(3)(a)(vi)">a photograph or other facsimile of the individual's signature;</subsection><subsection number="53-3-207(3)(a)(vii)">an indication whether the individual intends to make an anatomical gift under <xref depth="2" refnumber="26B-8-3" start="0">Title 26B, Chapter 8, Part 3, Revised Uniform Anatomical Gift Act</xref>, unless the driving privilege is extended under Subsection <xref depth="4" refnumber="53-3-214(3)" start="0">53-3-214(3)</xref>; and</subsection><subsection number="53-3-207(3)(a)(viii)">except as provided in Subsection <xref depth="4" refnumber="53-3-207(3)(b)" start="0">(3)(b)</xref>, if the individual states that the individual is a veteran of the United States military on the application for a driver license in accordance with Section <xref depth="3" refnumber="53-3-205" start="0">53-3-205</xref> and provides verification that the individual was granted an honorable or general discharge from the United States armed forces, an indication that the individual is a United States military veteran for a regular license certificate or limited-term license certificate issued on or after July 1, 2011.</subsection></subsection><subsection number="53-3-207(3)(b)">A regular license certificate or limited-term license certificate issued to an individual younger than 21 years old on a portrait-style format as required in Subsection <xref depth="4" refnumber="53-3-207(7)(b)" start="0">(7)(b)</xref> is not required to include an indication that the individual is a United States military veteran under Subsection <xref depth="4" refnumber="53-3-207(3)(a)(viii)" start="0">(3)(a)(viii)</xref>.</subsection><subsection number="53-3-207(3)(c)">A new license certificate issued by the division may not bear the individual's social security number.</subsection><subsection number="53-3-207(3)(d)"><subsection number="53-3-207(3)(d)(i)">The regular license certificate, limited-term license certificate, or driving privilege card shall be of an impervious material, resistant to wear, damage, and alteration.</subsection><subsection number="53-3-207(3)(d)(ii)">The size, form, and color of the regular license certificate, limited-term license certificate, or driving privilege card shall be as prescribed by the commissioner.</subsection><subsection number="53-3-207(3)(d)(iii)">The commissioner may also prescribe the issuance of a special type of limited regular license certificate, limited-term license certificate, or driving privilege card under Subsection <xref depth="4" refnumber="53-3-220(4)" start="0">53-3-220(4)</xref>.</subsection></subsection><subsection number="53-3-207(3)(e)">The commissioner shall consult with and obtain approval from the design review board created in Section <xref depth="3" refnumber="41-1a-1611">41-1a-1611</xref> regarding format and design of each type of license certificate.</subsection></subsection><subsection number="53-3-207(4)"><subsection number="53-3-207(4)(a)">The division shall include or affix an invisible condition identification symbol on an individual's regular license certificate, limited-term license certificate, or driving privilege card if the individual or the individual's authorized guardian, on a form prescribed by the department:<subsection number="53-3-207(4)(a)(i)">requests the division to include the invisible condition identification symbol;</subsection><subsection number="53-3-207(4)(a)(ii)">provides written verification from a health care professional that the individual is an individual with an invisible condition; and</subsection><subsection number="53-3-207(4)(a)(iii)">signs a waiver of liability for the release of any medical information to:<subsection number="53-3-207(4)(a)(iii)(A)">the department;</subsection><subsection number="53-3-207(4)(a)(iii)(B)">any person who has access to the individual's medical information as recorded on the individual's driving record or the Utah Criminal Justice Information System under this chapter; </subsection><subsection number="53-3-207(4)(a)(iii)(C)">any other person who may view or receive notice of the individual's medical information by seeing the individual's regular license certificate, limited-term license certificate, or driving privilege card or the individual's information in the Utah Criminal Justice Information System;</subsection><subsection number="53-3-207(4)(a)(iii)(D)">a local law enforcement agency that receives a copy of the form described in this Subsection <xref depth="4" refnumber="53-3-207(4)(a)" start="0">(4)(a)</xref> and enters the contents of the form into the local law enforcement agency's record management system or computer-aided dispatch system; and</subsection><subsection number="53-3-207(4)(a)(iii)(E)">a dispatcher who accesses the information regarding the individual's invisible condition through the use of a local law enforcement agency's record management system or computer-aided dispatch system.</subsection></subsection></subsection><subsection number="53-3-207(4)(b)">As part of the form described in Subsection <xref depth="4" refnumber="53-3-207(4)(a)" start="0">(4)(a)</xref>, the department shall advise the individual or the individual's authorized guardian that by submitting the signed waiver, the individual or the individual's authorized guardian consents to the release of the individual's medical information to any person described in Subsections <xref depth="4" refnumber="53-3-207(4)(a)(iii)(A)" start="0">(4)(a)(iii)(A)</xref> through <xref depth="4" refnumber="53-3-207(4)(a)(iii)(E)" start="0">(E)</xref>, even if the person is otherwise ineligible to access the individual's medical information under state or federal law.</subsection><subsection number="53-3-207(4)(c)">The division may not:<subsection number="53-3-207(4)(c)(i)">charge a fee to include the invisible condition identification symbol on the individual's regular license certificate, limited-term license certificate, or driving privilege card; or</subsection><subsection number="53-3-207(4)(c)(ii)">after including the invisible condition identification symbol on the individual's previously issued regular license certificate, limited-term license certificate, or driving privilege card, require the individual to provide subsequent written verification described in Subsection <xref depth="4" refnumber="53-3-207(4)(a)(ii)" start="0">(4)(a)(ii)</xref> to include the invisible condition identification symbol on the individual's renewed or extended regular license certificate, limited-term license certificate, or driving privilege card.</subsection></subsection><subsection number="53-3-207(4)(d)">The division shall confirm with the Division of Professional Licensing that the health care professional described in Subsection <xref depth="4" refnumber="53-3-207(4)(a)(ii)" start="0">(4)(a)(ii)</xref> holds a current state license.</subsection><subsection number="53-3-207(4)(e)">The inclusion of an invisible condition identification symbol on an individual's license certificate, limited-term license certificate, or driving privilege card in accordance with Subsection <xref depth="4" refnumber="53-3-207(4)(a)" start="0">(4)(a)</xref> does not confer any legal rights or privileges on the individual, including parking privileges for individuals with disabilities under Section <xref depth="3" refnumber="41-1a-414" start="0">41-1a-414</xref>.</subsection><subsection number="53-3-207(4)(f)">For each individual issued a regular license certificate, limited-term license certificate, or driving privilege card under this section that includes an invisible condition identification symbol, the division shall include in the division's database a brief description of the nature of the individual's invisible condition in the individual's record and provide the brief description to the Utah Criminal Justice Information System.</subsection><subsection number="53-3-207(4)(g)">Except as provided in this section, the division may not release the information described in Subsection <xref depth="4" refnumber="53-3-207(4)(f)" start="0">(4)(f)</xref>.</subsection><subsection number="53-3-207(4)(h)">Within 30 days after the day on which the division receives an individual's or the individual's authorized guardian's written request, the division shall:<subsection number="53-3-207(4)(h)(i)">remove from the individual's record in the division's database the invisible condition identification symbol and the brief description described in Subsection <xref depth="4" refnumber="53-3-207(4)(f)" start="0">(4)(f)</xref>; and</subsection><subsection number="53-3-207(4)(h)(ii)">provide the individual's updated record to the Utah Criminal Justice Information System.</subsection></subsection></subsection><subsection number="53-3-207(5)">As provided in Section <xref depth="3" refnumber="63G-2-302" start="0">63G-2-302</xref>, the information described in Subsection <xref depth="4" refnumber="53-3-207(4)(a)" start="0">(4)(a)</xref> is a private record for purposes of <xref depth="1" refnumber="63G-2" start="0">Title 63G, Chapter 2, Government Records Access and Management Act</xref>.</subsection><subsection number="53-3-207(6)"><subsection number="53-3-207(6)(a)"><subsection number="53-3-207(6)(a)(i)">The division, upon determining after an examination that an applicant is mentally and physically qualified to be granted a driving privilege, may issue to an applicant a receipt for the fee if the applicant is eligible for a regular license certificate or limited-term license certificate.</subsection><subsection number="53-3-207(6)(a)(ii)"><subsection number="53-3-207(6)(a)(ii)(A)">The division shall issue a temporary regular license certificate or temporary limited-term license certificate allowing the individual to drive a motor vehicle while the division is completing the division's investigation to determine whether the individual is entitled to be granted a driving privilege.</subsection><subsection number="53-3-207(6)(a)(ii)(B)">A temporary regular license certificate or a temporary limited-term license certificate issued under this Subsection <xref depth="4" refnumber="53-3-207(6)" start="0">(6)</xref> shall be recognized and have the same rights and privileges as a regular license certificate or a limited-term license certificate.</subsection></subsection></subsection><subsection number="53-3-207(6)(b)">The temporary regular license certificate or temporary limited-term license certificate shall be in the individual's immediate possession while driving a motor vehicle, and the temporary regular license certificate or temporary limited-term license certificate is invalid when the individual's regular license certificate or limited-term license certificate has been issued or when, for good cause, the privilege has been refused.</subsection><subsection number="53-3-207(6)(c)">The division shall indicate on the temporary regular license certificate or temporary limited-term license certificate a date after which the temporary regular license certificate or temporary limited-term license certificate is not valid as a temporary license.</subsection><subsection number="53-3-207(6)(d)"><subsection number="53-3-207(6)(d)(i)">Except as provided in Subsection <xref depth="4" refnumber="53-3-207(6)(d)(ii)" start="0">(6)(d)(ii)</xref>, the division may not issue a temporary driving privilege card or other temporary permit to an applicant for a driving privilege card.</subsection><subsection number="53-3-207(6)(d)(ii)">The division may issue a learner permit issued in accordance with Section <xref depth="3" refnumber="53-3-210.5" start="0">53-3-210.5</xref> to an applicant for a driving privilege card.</subsection></subsection></subsection><subsection number="53-3-207(7)"><subsection number="53-3-207(7)(a)">The division shall distinguish learner permits, temporary permits, regular license certificates, limited-term license certificates, and driving privilege cards issued to any individual younger than 21 years old by use of plainly printed information or the use of a color or other means not used for other regular license certificates, limited-term license certificates, or driving privilege cards.</subsection><subsection number="53-3-207(7)(b)">The division shall distinguish a regular license certificate, limited-term license certificate, or driving privilege card issued to an individual younger than 21 years old by use of a portrait-style format not used for other regular license certificates, limited-term license certificates, or driving privilege cards and by plainly printing the date the regular license certificate, limited-term license certificate, or driving privilege card holder is 21 years old.</subsection></subsection><subsection number="53-3-207(8)">The division shall distinguish a limited-term license certificate by clearly indicating on the document:<subsection number="53-3-207(8)(a)">that the limited-term license certificate is temporary; and</subsection><subsection number="53-3-207(8)(b)">the limited-term license certificate's expiration date.</subsection></subsection><subsection number="53-3-207(9)"><subsection number="53-3-207(9)(a)">The division shall only issue a driving privilege card to an individual whose privilege was obtained without providing evidence of lawful presence in the United States as required under Subsection <xref depth="4" refnumber="53-3-205(8)" start="0">53-3-205(8)</xref>.</subsection><subsection number="53-3-207(9)(b)">The division shall distinguish a driving privilege card from a license certificate by:<subsection number="53-3-207(9)(b)(i)">use of a format, color, font, or other means; and</subsection><subsection number="53-3-207(9)(b)(ii)">clearly displaying on the front of the driving privilege card a phrase substantially similar to "FOR DRIVING PRIVILEGES ONLY -- NOT VALID FOR IDENTIFICATION."</subsection></subsection></subsection><subsection number="53-3-207(10)">The provisions of Subsection <xref depth="4" refnumber="53-3-207(7)(b)" start="0">(7)(b)</xref> do not apply to a learner permit, temporary permit, temporary regular license certificate, temporary limited-term license certificate, or any other temporary permit.</subsection><subsection number="53-3-207(11)">The division shall issue temporary license certificates of the same nature, except as to duration, as the license certificates that they temporarily replace, as are necessary to implement applicable provisions of this section and Section <xref depth="3" refnumber="53-3-223" start="0">53-3-223</xref>.</subsection><subsection number="53-3-207(12)"><subsection number="53-3-207(12)(a)">A governmental entity may not accept a driving privilege card as proof of personal identification.</subsection><subsection number="53-3-207(12)(b)">A driving privilege card may not be used as a document providing proof of an individual's age for any government required purpose.</subsection></subsection><subsection number="53-3-207(13)">An individual who violates Subsection <xref depth="4" refnumber="53-3-207(2)(b)" start="0">(2)(b)</xref> is guilty of an infraction.</subsection><subsection number="53-3-207(14)">Unless otherwise provided, the provisions, requirements, classes, endorsements, fees, restrictions, and sanctions under this code apply to a:<subsection number="53-3-207(14)(a)">driving privilege in the same way as a license or limited-term license issued under this chapter; and</subsection><subsection number="53-3-207(14)(b)">limited-term license certificate or driving privilege card in the same way as a regular license certificate issued under this chapter.</subsection></subsection></section><section number="53-3-208"><histories><history>Amended by Chapter <modchap sess="2015GS">412</modchap>, 2015 General Session</history><modyear>2015</modyear></histories><catchline>Restrictions.</catchline><subsection number="53-3-208(1)"><subsection number="53-3-208(1)(a)"> When granting a license, the division may for good cause impose restrictions, suitable to the licensee's driving ability, for the type of motor vehicle or special mechanical control devices required on a motor vehicle that the licensee may drive.</subsection><subsection number="53-3-208(1)(b)"> The division may impose other restrictions on the licensee as it determines appropriate to assure safe driving of a motor vehicle by the licensee.</subsection></subsection><subsection number="53-3-208(2)"> The division may either grant a special restricted license or may set forth restrictions upon the regular license certificate.</subsection><subsection number="53-3-208(3)"><subsection number="53-3-208(3)(a)"> The division may suspend or revoke any license upon receiving satisfactory evidence of any violation of the restrictions imposed on the license.</subsection><subsection number="53-3-208(3)(b)"> Each licensee is entitled to a hearing for a suspension or revocation under this chapter.</subsection></subsection><subsection number="53-3-208(4)"> It is an infraction for a person to drive a motor vehicle in violation of the restrictions imposed on his license under this section.</subsection></section><section number="53-3-209"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Provisional licenses only for persons under 21 -- Separate point system -- Denial and suspension procedures.</catchline><subsection number="53-3-209(1)"> The division may only grant a provisional license to a person younger than 21 years of age.</subsection><subsection number="53-3-209(2)"><subsection number="53-3-209(2)(a)"> The division shall make rules for the establishment and administration of a separate point system for persons granted provisional licenses to facilitate counseling, penalization, or both earlier than for persons 21 years of age or older.</subsection><subsection number="53-3-209(2)(b)"> The rules shall establish point thresholds at which each of the following actions are taken:<subsection number="53-3-209(2)(b)(i)"> a warning letter;</subsection><subsection number="53-3-209(2)(b)(ii)"> a request to appear for a hearing;</subsection><subsection number="53-3-209(2)(b)(iii)"> a denial of the driving privilege for first or second actions where the point total established under Section <xref depth="3" refid="C53-3-S221_1800010118000101" refnumber="53-3-221" start="0">53-3-221</xref> does not exceed the point threshold under which a person 21 years or older may be suspended; and</subsection><subsection number="53-3-209(2)(b)(iv)"> a suspension of the driving privilege.</subsection></subsection><subsection number="53-3-209(2)(c)"> The rules shall require:<subsection number="53-3-209(2)(c)(i)"> an extension of the denial or suspension period for further violations within the three-year period; and</subsection><subsection number="53-3-209(2)(c)(ii)"> denial or suspension of the driving privilege for failure to appear for a hearing required under this section.</subsection></subsection></subsection></section><section number="53-3-210.5"><histories><history>Amended by Chapter <modchap sess="2026GS">28</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Learner permit.</catchline><subsection number="53-3-210.5(1)">As used in this section, "parent" means an individual's parent, stepparent, or foster parent.</subsection><subsection number="53-3-210.5(2)">The division, upon receiving an application for a learner permit, may issue a learner permit effective for 18 months to an applicant who is at least 15 years old.</subsection><subsection number="53-3-210.5(3)"><subsection number="53-3-210.5(3)(a)">The learner permit entitles an applicant that is 18 years old or older to operate a class D motor vehicle only if an individual 21 years old or older who is a licensed driver is occupying a seat beside the applicant.</subsection><subsection number="53-3-210.5(3)(b)">The learner permit entitles an applicant that is younger than 18 years old to operate a class D motor vehicle only if:<subsection number="53-3-210.5(3)(b)(i)">an approved driving instructor is occupying a seat beside the applicant;</subsection><subsection number="53-3-210.5(3)(b)(ii)">the applicant's parent or legal guardian, who is a licensed driver, is occupying a seat beside the applicant;</subsection><subsection number="53-3-210.5(3)(b)(iii)">a responsible adult who has signed for the applicant under Section <xref depth="3" refnumber="53-3-211" start="0">53-3-211</xref> and who is a licensed driver, is occupying a seat beside the applicant; or</subsection><subsection number="53-3-210.5(3)(b)(iv)"><subsection number="53-3-210.5(3)(b)(iv)(A)">a responsible individual 21 years old or older who is not the parent or legal guardian is occupying a seat beside the applicant; </subsection><subsection number="53-3-210.5(3)(b)(iv)(B)">the applicant's parent or legal guardian is not a licensed driver; and</subsection><subsection number="53-3-210.5(3)(b)(iv)(C)">the individual described in Subsection <xref depth="4" refnumber="53-3-210.5(3)(b)(iv)(a)">(3)(b)(iv)(A)</xref> is a licensed driver and has in the individual's immediate possession evidence that the individual is authorized by the applicant's parent or legal guardian to accompany the applicant while operating the motor vehicle.</subsection></subsection></subsection><subsection number="53-3-210.5(3)(c)">The applicant shall have the learner permit in the applicant's immediate possession while operating the motor vehicle.</subsection></subsection><subsection number="53-3-210.5(4)">The division shall issue a learner permit to an applicant who:<subsection number="53-3-210.5(4)(a)">is at least 15 years old;</subsection><subsection number="53-3-210.5(4)(b)">has passed the knowledge test required by the division;</subsection><subsection number="53-3-210.5(4)(c)">has passed the physical and mental fitness tests; and</subsection><subsection number="53-3-210.5(4)(d)">has submitted a nonrefundable fee for a learner permit described in Section <xref depth="3" refnumber="53-3-105" start="0">53-3-105</xref>.</subsection></subsection><subsection number="53-3-210.5(5)"><subsection number="53-3-210.5(5)(a)">The division shall supply the learner permit form.</subsection><subsection number="53-3-210.5(5)(b)">The form described in Subsection (5)(a) shall include:<subsection number="53-3-210.5(5)(b)(i)">the applicant's full name, date of birth, sex, Utah residence address, height, weight, and eye color;</subsection><subsection number="53-3-210.5(5)(b)(ii)">the date of issuance and expiration of the permit; and</subsection><subsection number="53-3-210.5(5)(b)(iii)">the conditions and restrictions described in this section for operating a class D motor vehicle.</subsection></subsection></subsection><subsection number="53-3-210.5(6)">An application and fee for a learner permit entitle the applicant to:<subsection number="53-3-210.5(6)(a)">not more than three attempts to pass the knowledge test for a class D license within one year; and</subsection><subsection number="53-3-210.5(6)(b)">a learner permit after passing the knowledge test.</subsection></subsection><subsection number="53-3-210.5(7)"><subsection number="53-3-210.5(7)(a)">If an applicant has been issued a learner permit under this section or an equivalent by another state or branch of the United States Armed Forces, the applicant may be issued an original or provisional class D license from the division upon:<subsection number="53-3-210.5(7)(a)(i)">except as provided in Subsection <xref refnumber="4-null-37">(7)(c)</xref>, completing a driver education course in:<subsection number="53-3-210.5(7)(a)(i)(A)">a commercial driver training school licensed under <xref depth="2" refnumber="53-3-5" start="2">Part 5, Commercial Driver Training Schools Act</xref>; or</subsection><subsection number="53-3-210.5(7)(a)(i)(B)">a driver education program approved by the State Board of Education or the division;</subsection></subsection><subsection number="53-3-210.5(7)(a)(ii)">passing a knowledge test approved by the division that complies with Subsection (7)(d);</subsection><subsection number="53-3-210.5(7)(a)(iii)">passing the skills test approved by the division;</subsection><subsection number="53-3-210.5(7)(a)(iv)">reaching 16 years old; and</subsection><subsection number="53-3-210.5(7)(a)(v)">paying the nonrefundable fee for an original or provisional class D license application described in Section <xref depth="3" refnumber="53-3-105" start="0">53-3-105</xref>.</subsection></subsection><subsection number="53-3-210.5(7)(b)">In addition to the requirements described in Subsection (7)(a), an applicant who is 17 years old or younger shall hold a learner permit for six months before applying for a provisional class D license.</subsection><subsection number="53-3-210.5(7)(c)">An applicant is exempt from the requirement described in Subsection (7)(a)(i) if the applicant:<subsection number="53-3-210.5(7)(c)(i)">is 19 years old or older;</subsection><subsection number="53-3-210.5(7)(c)(ii)">holds a learner permit for three months before applying for an original class D license; and</subsection><subsection number="53-3-210.5(7)(c)(iii)">certifies that the applicant, under the authority of a permit issued under this chapter, has completed at least 40 hours of driving a motor vehicle, of which at least 10 hours were completed during night hours after sunset.</subsection></subsection><subsection number="53-3-210.5(7)(d)">Fifty percent of the test questions included in the knowledge test required under Subsection (7)(a)(ii) shall cover the topic of major causes of traffic related deaths as identified in statistics published by the Highway Safety Office.</subsection></subsection></section><section number="53-3-210.6"><histories><history>Amended by Chapter <modchap sess="2015GS">412</modchap>, 2015 General Session</history><modyear>2015</modyear></histories><catchline>Motorcycle learner permit.</catchline><subsection number="53-3-210.6(1)"> The division, upon receiving an application for a motorcycle learner permit, may issue a motorcycle learner permit effective for six months to an applicant who: <subsection number="53-3-210.6(1)(a)"> holds an original or provisional class D license, a CDL, or an out-of-state equivalent of an original or provisional class D license or a CDL; and</subsection><subsection number="53-3-210.6(1)(b)"> has passed the motorcycle knowledge test.</subsection></subsection><subsection number="53-3-210.6(2)"> A motorcycle learner permit entitles an applicant to operate a motorcycle on a highway subject to the restrictions in Subsection <xref depth="4" refnumber="53-3-210.6(3)" start="0">(3)</xref>.</subsection><subsection number="53-3-210.6(3)"><subsection number="53-3-210.6(3)(a)"> For the first two months from the date a motorcycle learner permit is issued, the operator of a motorcycle holding the motorcycle learner permit may not operate a motorcycle:<subsection number="53-3-210.6(3)(a)(i)"> on a highway with a posted speed limit of more than 60 miles per hour;</subsection><subsection number="53-3-210.6(3)(a)(ii)"> with any passengers; or</subsection><subsection number="53-3-210.6(3)(a)(iii)"> during the nighttime hours after 10 p.m. and before 6 a.m.</subsection></subsection><subsection number="53-3-210.6(3)(b)"> For the third through sixth months from the date a motorcycle learner permit is issued, the operator of a motorcycle holding the motorcycle learner permit may operate a motorcycle without any restrictions imposed under this Subsection <xref depth="4" refnumber="53-3-210.6(3)" start="0">(3)</xref>.</subsection><subsection number="53-3-210.6(3)(c)"> It is an affirmative defense to a charge that a person who has been issued a motorcycle learner permit is operating a motorcycle in violation of the restrictions under Subsection <xref depth="4" refnumber="53-3-210.6(3)(a)" start="0">(3)(a)</xref> if the person is operating the motorcycle:<subsection number="53-3-210.6(3)(c)(i)"> for the operator's employment, including the trip to and from the operator's residence and the operator's employment;</subsection><subsection number="53-3-210.6(3)(c)(ii)"> on assignment of a rancher or farmer and the operator is engaged in an agricultural operation; or</subsection><subsection number="53-3-210.6(3)(c)(iii)"> in an emergency.</subsection></subsection><subsection number="53-3-210.6(3)(d)"> A violation of Subsection <xref depth="4" refnumber="53-3-210.6(3)(a)" start="0">(3)(a)</xref> is an infraction.</subsection></subsection><subsection number="53-3-210.6(4)"> In accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, the division shall make rules governing the issuance of a motorcycle learner permit and establishing the proof requirements for an applicant to demonstrate that the applicant has completed a motorcycle rider education program.</subsection></section><section number="53-3-211"><histories><history>Amended by Chapter <modchap sess="2008GS">314</modchap>, 2008 General Session</history><modyear>2008</modyear></histories><catchline>Application of minors -- Liability of person signing application -- Cancellation of cosigning adult's liability -- Behind-the-wheel driving certification.</catchline><subsection number="53-3-211(1)"> As used in this section, "minor" means any person younger than 18 years of age who is not married or has not been emancipated by adjudication.</subsection><subsection number="53-3-211(2)"><subsection number="53-3-211(2)(a)"> The application of a minor for a learner permit or provisional license shall be signed by the parent or guardian of the applicant.</subsection><subsection number="53-3-211(2)(b)"> If the minor applicant does not have a parent or guardian or is in the legal custody of the Division of Child and Family Services, then a parent or responsible adult who is willing to assume the obligation imposed under this chapter may sign the application.</subsection></subsection><subsection number="53-3-211(3)"><subsection number="53-3-211(3)(a)"> Except as provided in Subsection <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(4)" start="0">(4)</xref>, the liability of a minor for civil compensatory damages caused when operating a motor vehicle upon a highway is imputed to the person who has signed the application of the minor under Subsection <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(2)" start="0">(2)</xref>.</subsection><subsection number="53-3-211(3)(b)"> The person who has signed the application under Subsection <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(2)" start="0">(2)</xref> is jointly and severally liable with the minor as provided in Subsections <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(3)(a)" start="0">(3)(a)</xref> and <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(3)(c)" start="0">(c)</xref>.</subsection><subsection number="53-3-211(3)(c)"> The liability imposed under Subsections <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(3)(a)" start="0">(3)(a)</xref> and <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(3)(b)" start="0">(b)</xref> is limited to the policy minimum limits established in Section <xref depth="3" refid="C31A-22-S304_1800010118000101" refnumber="31A-22-304" start="0">31A-22-304</xref>.</subsection><subsection number="53-3-211(3)(d)"> The liability provisions in this Subsection <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(3)" start="0">(3)</xref> are in addition to the liability provisions in Section <xref depth="3" refid="C53-3-S212_1800010118000101" refnumber="53-3-212" start="0">53-3-212</xref>.</subsection></subsection><subsection number="53-3-211(4)"><subsection number="53-3-211(4)(a)"> If owner's or operator's security covering the minor's operation of the motor vehicle is in effect in amounts as required under Section <xref depth="3" refid="C31A-22-S304_1800010118000101" refnumber="31A-22-304" start="0">31A-22-304</xref>, the person who signed the minor's application under Subsection <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(2)" start="0">(2)</xref> is not subject to the liability imposed under Subsection <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(3)" start="0">(3)</xref>.</subsection><subsection number="53-3-211(4)(b)"> Notwithstanding the requirement under Subsection <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(3)" start="0">(3)</xref>, if a foster parent signs an application under Subsection <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(2)" start="0">(2)</xref> for a minor who is in the legal custody of the Division of Child and Family Services and who resides with the foster parent, the foster parent's liability may not exceed the greater of:<subsection number="53-3-211(4)(b)(i)"> minimum liability insurance policy limits established under Section <xref depth="3" refid="C31A-22-S304_1800010118000101" refnumber="31A-22-304" start="0">31A-22-304</xref>; or</subsection><subsection number="53-3-211(4)(b)(ii)"> the policy limits of the foster parent's liability insurance policy issued in accordance with Section <xref depth="3" refid="C31A-22-S302_1800010118000101" refnumber="31A-22-302" start="0">31A-22-302</xref> that were in effect at the time damages were caused by the minor's operation of a motor vehicle.</subsection></subsection></subsection><subsection number="53-3-211(5)"><subsection number="53-3-211(5)(a)"> A person who has signed the application of a minor under Subsection <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(2)" start="0">(2)</xref> may file with the division a verified written request that the permit or license of the minor be canceled.</subsection><subsection number="53-3-211(5)(b)"> The division shall then cancel the permit or license of the minor, and the person who signed the application of the minor under Subsection <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(2)" start="0">(2)</xref> is relieved from the liability imposed under Subsection <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(3)" start="0">(3)</xref> or the minor operating a motor vehicle subsequent to the cancellation.</subsection></subsection><subsection number="53-3-211(6)"><subsection number="53-3-211(6)(a)"> The division upon receipt of satisfactory evidence of the death of the person who signed the application of a minor under Subsection <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(2)" start="0">(2)</xref> shall cancel the permit or license and may not issue a new permit or license until a new application, signed and verified, is made under this chapter.</subsection><subsection number="53-3-211(6)(b)"> This Subsection <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(6)" start="0">(6)</xref> does not apply to an application of a person who is no longer a minor.</subsection></subsection><subsection number="53-3-211(7)"><subsection number="53-3-211(7)(a)"> In addition to the liability assumed under this section, the person who signs the application of a minor for a provisional license must certify that the minor applicant, under the authority of a permit issued under this chapter, has completed at least 40 hours of driving a motor vehicle, of which at least 10 hours shall be during night hours after sunset.</subsection><subsection number="53-3-211(7)(b)"> The hours of driving a motor vehicle required under Subsection <xref depth="4" refid="C53-3-S211_1800010118000101" refnumber="53-3-211(7)(a)" start="0">(7)(a)</xref> may include:<subsection number="53-3-211(7)(b)(i)"> hours completed in a driver education course as required under Subsection <xref depth="4" refid="C53-3-S505.5_1800010118000101" refnumber="53-3-505.5(1)" start="0">53-3-505.5(1)</xref>; and</subsection><subsection number="53-3-211(7)(b)(ii)"> up to five hours completed by driving simulation practice on a fully interactive driving simulation device at the substitution rate provided under Subsection <xref depth="4" refid="C53-3-S505.5_1800010118000101" refnumber="53-3-505.5(2)(b)" start="0">53-3-505.5(2)(b)</xref>.</subsection></subsection></subsection></section><section number="53-3-212"><histories><history>Amended by Chapter <modchap sess="2010GS">86</modchap>, 2010 General Session</history><modyear>2010</modyear></histories><catchline>Owner giving permission and minor liable for damages caused by minor driving a motor vehicle.</catchline><subsection number="53-3-212(1)"><subsection number="53-3-212(1)(a)"> The owner of a motor vehicle causing or knowingly permitting a person younger than 18 years of age to drive the motor vehicle on a highway, or a person who gives or furnishes a motor vehicle to the minor, are each jointly and severally liable with the minor for any damages caused by the negligence of the minor in driving the motor vehicle.</subsection><subsection number="53-3-212(1)(b)"> If owner's or operator's security covering the minor's operation of the motor vehicle is in effect in amounts as required under Section <xref depth="3" refid="C31A-22-S304_1800010118000101" refnumber="31A-22-304" start="0">31A-22-304</xref>, the owner of the motor vehicle or the person who gave or furnished the motor vehicle to the minor under Subsection <xref depth="4" refid="C53-3-S212_1800010118000101" refnumber="53-3-212(1)" start="0">(1)</xref> is not subject to the liability imposed under Subsection <xref depth="4" refid="C53-3-S212_1800010118000101" refnumber="53-3-212(1)" start="0">(1)</xref>.</subsection></subsection><subsection number="53-3-212(2)"> Nothing under Subsection <xref depth="4" refid="C53-3-S212_1800010118000101" refnumber="53-3-212(1)" start="0">(1)</xref> prohibits a cause of action for any direct negligence on the part of the person furnishing the motor vehicle to the minor.</subsection><subsection number="53-3-212(3)"> This liability provision is in addition to the liability provisions in Section <xref depth="3" refid="C53-3-S211_1800010118000101" refnumber="53-3-211" start="0">53-3-211</xref>.</subsection></section><section number="53-3-213"><histories><history>Amended by Chapter <modchap sess="2015GS">412</modchap>, 2015 General Session</history><modyear>2015</modyear></histories><catchline>Age and experience requirements to drive school bus or certain other carriers -- Misdemeanor to drive unauthorized class of motor vehicle -- Waiver of driving examination by third party certification.</catchline><subsection number="53-3-213(1)"><subsection number="53-3-213(1)(a)"> A person must be at least 21 years of age:<subsection number="53-3-213(1)(a)(i)"> to drive any school bus;</subsection><subsection number="53-3-213(1)(a)(ii)"> to drive any commercial motor vehicle outside this state; or</subsection><subsection number="53-3-213(1)(a)(iii)"> while transporting passengers for hire or hazardous materials.</subsection></subsection><subsection number="53-3-213(1)(b)"> Subject to the requirements of Subsection <xref depth="4" refnumber="53-3-213(1)(a)" start="0">(1)(a)</xref>, the division may grant a commercial driver license to any applicant who is at least 18 years of age and has had at least one year of previous driving experience.</subsection><subsection number="53-3-213(1)(c)"> It is an infraction for any person to drive a class of motor vehicle for which he is not licensed.</subsection></subsection><subsection number="53-3-213(2)"><subsection number="53-3-213(2)(a)"> At the discretion of the commissioner and under standards established by the division, persons employed as commercial drivers may submit a third party certification as provided in <xref depth="2" refnumber="53-3-4" start="2">Part 4, Uniform Commercial Driver License Act</xref>, in lieu of the driving segment of the examination.</subsection><subsection number="53-3-213(2)(b)"> The division shall maintain necessary records and set standards to certify companies desiring to qualify under Subsection <xref depth="4" refnumber="53-3-213(2)(a)" start="0">(2)(a)</xref>.</subsection></subsection></section><section number="53-3-214"><histories><history>Amended by Chapter <modchap sess="2026GS">332</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Renewal -- Fees required -- Extension without examination.</catchline><subsection number="53-3-214(1)"><subsection number="53-3-214(1)(a)">The holder of a valid license may renew the holder's license and any endorsement to the license by applying:<subsection number="53-3-214(1)(a)(i)">at any time within six months before the license expires; or</subsection><subsection number="53-3-214(1)(a)(ii)">more than six months prior to the expiration date if the applicant furnishes proof that the applicant will be absent from the state during the six-month period prior to the expiration of the license.</subsection></subsection><subsection number="53-3-214(1)(b)">The application for a renewal of, extension of, or any endorsement to a license shall be accompanied by a fee under Section <xref depth="3" refnumber="53-3-105" start="0">53-3-105</xref>.</subsection></subsection><subsection number="53-3-214(2)"><subsection number="53-3-214(2)(a)">Except as provided under Subsections <xref depth="4" refnumber="53-3-214(2)(b)" start="0">(2)(b)</xref> and <xref depth="4" refnumber="53-3-214(3)" start="0">(3)</xref>, upon application for renewal of a regular license certificate, provisional license, and any endorsement to a regular license certificate, the division shall reexamine each applicant as if for an original license and endorsement to the license, if applicable.</subsection><subsection number="53-3-214(2)(b)">Except as provided under Subsection <xref depth="4" refnumber="53-3-214(2)(c)" start="0">(2)(c)</xref>, upon application for renewal of a limited-term license certificate, limited-term provisional license certificate, and any endorsement to a limited-term license certificate, the division shall:<subsection number="53-3-214(2)(b)(i)">reexamine each applicant as if for an original limited-term license certificate and endorsement to the limited-term license certificate, if applicable; and</subsection><subsection number="53-3-214(2)(b)(ii)">verify through valid documentary evidence that the status by which the individual originally qualified for the limited-term license certificate has been extended by the United States Citizenship and Immigration Services or other authorized agency of the United States Department of Homeland Security.</subsection></subsection><subsection number="53-3-214(2)(c)">The division may waive any or all portions of the test designed to demonstrate the applicant's ability to exercise ordinary and reasonable control driving a motor vehicle.</subsection></subsection><subsection number="53-3-214(3)"><subsection number="53-3-214(3)(a)"><subsection number="53-3-214(3)(a)(i)">Except as provided under Subsections <xref depth="4" refnumber="53-3-214(3)(b)" start="0">(3)(b)</xref> and <xref depth="4" refnumber="53-3-214(3)(c)" start="0">(c)</xref>, the division may renew or extend a regular license certificate or any endorsement to the regular license certificate for eight years without examination for licensees whose driving records for the eight years immediately preceding the determination of eligibility for extension show:<subsection number="53-3-214(3)(a)(i)(A)">no suspensions;</subsection><subsection number="53-3-214(3)(a)(i)(B)">no revocations;</subsection><subsection number="53-3-214(3)(a)(i)(C)">no conviction for reckless driving under Section <xref depth="3" refnumber="41-6a-528" start="0">41-6a-528</xref>; and</subsection><subsection number="53-3-214(3)(a)(i)(D)">no more than six reportable violations in the preceding eight years.</subsection></subsection><subsection number="53-3-214(3)(a)(ii)">Except as provided under Subsections <xref depth="4" refnumber="53-3-214(3)(b)" start="0">(3)(b)</xref> and <xref depth="4" refnumber="53-3-214(3)(c)" start="0">(c)</xref>, the division may renew or extend a provisional license and any endorsement to a provisional license for eight years without examination for licensees whose driving records for the five years immediately preceding the determination of eligibility for extension show:<subsection number="53-3-214(3)(a)(ii)(A)">no suspensions;</subsection><subsection number="53-3-214(3)(a)(ii)(B)">no revocations;</subsection><subsection number="53-3-214(3)(a)(ii)(C)">no conviction for reckless driving under Section <xref depth="3" refnumber="41-6a-528" start="0">41-6a-528</xref>; and</subsection><subsection number="53-3-214(3)(a)(ii)(D)">no more than four reportable violations in the preceding five years.</subsection></subsection><subsection number="53-3-214(3)(a)(iii)">Except as provided under Subsections <xref depth="4" refnumber="53-3-214(3)(b)" start="0">(3)(b)</xref> and <xref depth="4" refnumber="53-3-214(3)(c)" start="0">(c)</xref>, the division may renew or extend a limited term license and any endorsement to a limited term license for five years without examination for licensees whose driving records for the five years immediately preceding the determination of eligibility for extension show:<subsection number="53-3-214(3)(a)(iii)(A)">no suspensions;</subsection><subsection number="53-3-214(3)(a)(iii)(B)">no revocations;</subsection><subsection number="53-3-214(3)(a)(iii)(C)">no conviction for reckless driving under Section <xref depth="3" refnumber="41-6a-528" start="0">41-6a-528</xref>; and</subsection><subsection number="53-3-214(3)(a)(iii)(D)">no more than four reportable violations in the preceding five years.</subsection></subsection></subsection><subsection number="53-3-214(3)(b)">Except as provided in Subsection <xref depth="4" refnumber="53-3-214(3)(g)" start="0">(3)(g)</xref>, after the expiration of a regular license certificate, a new regular license certificate and any endorsement to a regular license certificate may not be issued until the person has again passed the tests under Section <xref depth="3" refnumber="53-3-206" start="0">53-3-206</xref> and paid the required fee.</subsection><subsection number="53-3-214(3)(c)">After the expiration of a limited-term license certificate, a new limited-term license certificate and any endorsement to a limited-term license certificate may not be issued until the person has:<subsection number="53-3-214(3)(c)(i)">again passed the tests under Section <xref depth="3" refnumber="53-3-206" start="0">53-3-206</xref> and paid the required fee; and</subsection><subsection number="53-3-214(3)(c)(ii)">presented documentary evidence that the status by which the individual originally qualified for the limited-term license certificate has been extended by the United States Citizenship and Immigration Services or other authorized agency of the United States Department of Homeland Security.</subsection></subsection><subsection number="53-3-214(3)(d)">A person 65 years old or older shall take and pass the eye examination specified in Section <xref depth="3" refnumber="53-3-206" start="0">53-3-206</xref>.</subsection><subsection number="53-3-214(3)(e)">An extension may not be granted to any person:<subsection number="53-3-214(3)(e)(i)">who is identified by the division as having a medical impairment that may represent a hazard to public safety;</subsection><subsection number="53-3-214(3)(e)(ii)">holding a CDL or limited-term CDL issued under <xref depth="2" refnumber="53-3-4" start="2">Part 4, Uniform Commercial Driver License Act</xref>;</subsection><subsection number="53-3-214(3)(e)(iii)">who is holding a limited-term license certificate; or</subsection><subsection number="53-3-214(3)(e)(iv)">who is holding a driving privilege card issued in accordance with Section <xref depth="3" refnumber="53-3-207" start="0">53-3-207</xref>.</subsection></subsection><subsection number="53-3-214(3)(f)">The division shall allow extensions:<subsection number="53-3-214(3)(f)(i)">by mail, electronic means, or other means as determined by the division at the appropriate extension fee rate under Section <xref depth="3" refnumber="53-3-105" start="0">53-3-105</xref>;</subsection><subsection number="53-3-214(3)(f)(ii)">only if the applicant qualifies under this section; and</subsection><subsection number="53-3-214(3)(f)(iii)">for only one extension.</subsection></subsection><subsection number="53-3-214(3)(g)">The division may waive any or all portions of the test designed to demonstrate the applicant's ability to exercise ordinary and reasonable control driving a motor vehicle.</subsection></subsection><subsection number="53-3-214(4)">In accordance with this section, the division shall coordinate with:<subsection number="53-3-214(4)(a)">the Department of Corrections in providing an inmate with access to a driver license certificate as described in Section <xref depth="3" refnumber="64-13-10.6" start="0">64-13-10.6</xref>; and</subsection><subsection number="53-3-214(4)(b)">a county jail in providing a county inmate with access to a driver license certificate as described in Section <xref depth="3" refnumber="17-72-411">17-72-411</xref>.</subsection></subsection></section><section number="53-3-214.5"><histories><history>Amended by Chapter <modchap sess="2003GS">30</modchap>, 2003 General Session</history><modyear>2003</modyear><history>Amended by Chapter <modchap sess="2003GS">126</modchap>, 2003 General Session</history><modyear>2003</modyear></histories><catchline>License or identification card checkoff for vision screening.</catchline><subsection number="53-3-214.5(1)"> A person who applies for a license or identification card or a renewal of a license or identification card may designate a voluntary contribution for vision screening of $2.</subsection><subsection number="53-3-214.5(2)"> This contribution shall be: <subsection number="53-3-214.5(2)(a)"> collected by the division;</subsection><subsection number="53-3-214.5(2)(b)"> treated as a voluntary contribution to Friends For Sight to provide blindness prevention education, screening, and treatment and not as a license fee; and</subsection><subsection number="53-3-214.5(2)(c)"> transferred to Friends For Sight at least monthly, less actual administrative costs associated with collecting and transferring the contributions.</subsection></subsection></section><section number="53-3-214.7"><histories><history>Amended by Chapter <modchap sess="2023GS">328</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>License or identification card checkoff for promoting and supporting organ donation.</catchline><subsection number="53-3-214.7(1)"> A person who applies for a license or identification card or a renewal of a license or identification card may designate a voluntary contribution of $2 for the purpose of promoting and supporting organ donation.</subsection><subsection number="53-3-214.7(2)"> This contribution shall be: <subsection number="53-3-214.7(2)(a)"> collected by the division;</subsection><subsection number="53-3-214.7(2)(b)"> treated as a voluntary contribution to the Allyson Gamble Organ Donation Contribution Fund created in Section <xref depth="3" refnumber="26B-1-312" start="0">26B-1-312</xref> and not as a license fee; and</subsection><subsection number="53-3-214.7(2)(c)"> transferred to the Allyson Gamble Organ Donation Contribution Fund created in Section <xref depth="3" refnumber="26B-1-312" start="0">26B-1-312</xref> at least monthly, less actual administrative costs associated with collecting and transferring the contributions.</subsection></subsection></section><section number="53-3-214.8"><histories><history>Amended by Chapter <modchap sess="2023GS">328</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>License or identification card checkoff for public transportation for seniors or people with disabilities.</catchline><subsection number="53-3-214.8(1)"> A person who applies for a license or identification card or a renewal of a license or identification card may designate a voluntary contribution of $1 for public transportation assistance for seniors or people with disabilities.</subsection><subsection number="53-3-214.8(2)"> This contribution shall be: <subsection number="53-3-214.8(2)(a)"> collected by the division;</subsection><subsection number="53-3-214.8(2)(b)"> treated as a voluntary contribution to the "Out and About" Homebound Transportation Assistance Fund created in Section <xref depth="3" refnumber="26B-1-323" start="0">26B-1-323</xref> to provide public transportation assistance for seniors or people with disabilities and not as a license fee; and</subsection><subsection number="53-3-214.8(2)(c)"> transferred to the "Out and About" Homebound Transportation Assistance Fund created in Section <xref depth="3" refnumber="26B-1-323" start="0">26B-1-323</xref> at least monthly, less actual administrative costs associated with collecting and transferring the contributions.</subsection></subsection></section><section number="53-3-215"><histories><history>Amended by Chapter <modchap sess="2012GS">335</modchap>, 2012 General Session</history><modyear>2012</modyear></histories><catchline>Duplicate license certificate -- Fee.</catchline><subsection number="53-3-215(1)"><subsection number="53-3-215(1)(a)"> If a license certificate issued under this chapter is lost, stolen, or destroyed, the person to whom the license certificate was issued may obtain a duplicate upon furnishing proof satisfactory to the division that the license certificate has been lost, stolen, or destroyed and upon payment of a duplicate fee under Section <xref depth="3" refid="C53-3-S105_1800010118000101" refnumber="53-3-105" start="0">53-3-105</xref>.</subsection><subsection number="53-3-215(1)(b)"> A person may not be issued a duplicate license certificate under this section unless the person complies with Subsection <xref depth="4" refid="C53-3-S204_1800010118000101" refnumber="53-3-204(2)(f)" start="0">53-3-204(2)(f)</xref>.</subsection></subsection><subsection number="53-3-215(2)"> When the division is advised that a license certificate has been lost, stolen, or destroyed, the license certificate is then void.</subsection></section><section number="53-3-216"><histories><history>Amended by Chapter <modchap sess="2025GS">291</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Change of address -- Duty of licensee to notify division within 10 days -- Change of name -- Proof necessary -- Method of giving notice by division.</catchline><subsection number="53-3-216(1)"><subsection number="53-3-216(1)(a)">Except as provided in Subsection (1)(b), if an individual, after applying for or receiving a license, moves from the address named in the application or in the license certificate issued to the individual, the individual shall, within 10 days after the day on which the individual moves, notify the division in a manner specified by the division of the individual's new address and the number of any license certificate held by the individual.</subsection><subsection number="53-3-216(1)(b)">If an individual who is required to register as a sex offender, kidnap offender, or child abuse offender under Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, after applying for or receiving a license, moves from the address named in the application or in the license certificate issued to the individual, the individual shall, within 30 days after the day on which the individual moves, apply for an updated license in-person at a division office.</subsection></subsection><subsection number="53-3-216(2)">If an applicant requests to change the surname on the applicant's license, the division shall issue a substitute license with the new name upon receiving an application and fee for a duplicate license and any of the following proofs of the applicant's full legal name:<subsection number="53-3-216(2)(a)">an original or certified copy of the applicant's marriage certificate;</subsection><subsection number="53-3-216(2)(b)">a certified copy of a court order under Title 42, Chapter 1, Change of Name, showing the name change;</subsection><subsection number="53-3-216(2)(c)">an original or certified copy of a birth certificate issued by a government agency;</subsection><subsection number="53-3-216(2)(d)">a certified copy of a divorce decree or annulment granted the applicant that specifies the name change requested; or</subsection><subsection number="53-3-216(2)(e)">a certified copy of a divorce decree that does not specify the name change requested together with:<subsection number="53-3-216(2)(e)(i)">an original or certified copy of the applicant's birth certificate;</subsection><subsection number="53-3-216(2)(e)(ii)">the applicant's marriage license;</subsection><subsection number="53-3-216(2)(e)(iii)">a driver license record showing use of a maiden name; or</subsection><subsection number="53-3-216(2)(e)(iv)">other documentation the division finds acceptable.</subsection></subsection></subsection><subsection number="53-3-216(3)"><subsection number="53-3-216(3)(a)">If the division is authorized or required to give a notice under this chapter or other law regulating the operation of vehicles, the notice shall, unless otherwise prescribed, be given by:<subsection number="53-3-216(3)(a)(i)">personal delivery to the individual to be notified; or</subsection><subsection number="53-3-216(3)(a)(ii)">deposit in the United States mail with postage prepaid, addressed to the individual at the individual's address as shown by the records of the division.</subsection></subsection><subsection number="53-3-216(3)(b)">The giving of notice by mail is complete upon the expiration of four days after the deposit of the notice.</subsection><subsection number="53-3-216(3)(c)">Proof of the giving of notice in either manner may be made by the certificate of an officer or employee of the division or affidavit of an individual 18 years old or older, naming the individual to whom the notice was given and specifying the time, place, and manner of giving the notice.</subsection></subsection><subsection number="53-3-216(4)">The division may use state mailing or United States Postal Service information to:<subsection number="53-3-216(4)(a)">verify an address on an application or on records of the division; and</subsection><subsection number="53-3-216(4)(b)">correct mailing addresses in the division's records.</subsection></subsection><subsection number="53-3-216(5)">A violation of the provisions of Subsection (1) is an infraction.</subsection></section><section number="53-3-217"><histories><history>Amended by Chapter <modchap sess="2015GS">412</modchap>, 2015 General Session</history><modyear>2015</modyear></histories><catchline>License to be carried when driving motor vehicle -- Production in court -- Violation.</catchline><subsection number="53-3-217(1)"><subsection number="53-3-217(1)(a)"> The licensee shall have his license certificate in his immediate possession at all times when driving a motor vehicle.</subsection><subsection number="53-3-217(1)(b)"> A licensee shall display his license certificate upon demand of a justice of peace, a peace officer, or a field deputy or inspector of the division.</subsection></subsection><subsection number="53-3-217(2)"> It is a defense to a charge under this section that the person charged produces in court a license certificate issued to him and valid at the time of his citation or arrest.</subsection><subsection number="53-3-217(3)"> A person who violates Subsection <xref depth="4" refnumber="53-3-217(1)(a)" start="0">(1)(a)</xref> or <xref depth="4" refnumber="53-3-217(1)(b)" start="0">(1)(b)</xref> is guilty of an infraction.</subsection></section><section number="53-3-218"><histories><history>Amended by Chapter <modchap sess="2023GS">415</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Court to report convictions and may recommend suspension of license -- Severity of speeding violation defined.</catchline><subsection number="53-3-218(1)"> As used in this section, "conviction" means conviction by the court of first impression or final administrative determination in an administrative traffic proceeding.</subsection><subsection number="53-3-218(2)"><subsection number="53-3-218(2)(a)"> Except as provided in Subsection <xref depth="4" refnumber="53-3-218(2)(c)" start="0">(2)(c)</xref>, a court having jurisdiction over offenses committed under this chapter or any other law of this state, or under any municipal ordinance regulating driving motor vehicles on highways or driving motorboats on the water, shall forward to the division within five days, an abstract of the court record of the conviction or plea held in abeyance of any person in the court for a reportable traffic or motorboating violation of any laws or ordinances, and may recommend the suspension of the license of the person convicted.</subsection><subsection number="53-3-218(2)(b)"> When the division receives a court record of a conviction or plea in abeyance for a motorboat violation, the division may only take action against a person's driver license if the motorboat violation is for a violation of <xref depth="2" refnumber="41-6a-5" start="0">Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving</xref>.</subsection><subsection number="53-3-218(2)(c)"> A court may not forward to the division an abstract of a court record of a conviction for a violation described in Subsection <xref depth="4" refnumber="53-3-220(1)(c)(i)" start="0">53-3-220(1)(c)(i)</xref>, unless the court found that the person convicted of the violation was an operator of a motor vehicle at the time of the violation.</subsection></subsection><subsection number="53-3-218(3)"><subsection number="53-3-218(3)(a)"> A court may not order the division to suspend a person's driver license based solely on the person's failure to pay a penalty accounts receivable.</subsection><subsection number="53-3-218(3)(b)"> The court may notify the division, and the division may, prior to sentencing, suspend the driver license of a person who fails to appear if the person is charged with:<subsection number="53-3-218(3)(b)(i)"> an offense of any level that is a moving traffic violation;</subsection><subsection number="53-3-218(3)(b)(ii)"> an offense described in <xref depth="2" refnumber="41-12a-3" start="0">Title 41, Chapter 12a, Part 3, Owner's or Operator's Security Requirement</xref>; or</subsection><subsection number="53-3-218(3)(b)(iii)"> an offense described in Subsection <xref depth="4" refnumber="53-3-220(1)(a)" start="0">53-3-220(1)(a)</xref> or <xref depth="4" refnumber="53-3-220(1)(b)" start="0">(b)</xref>.</subsection></subsection></subsection><subsection number="53-3-218(4)"> The abstract shall be made in the form prescribed by the division and shall include: <subsection number="53-3-218(4)(a)"> the name, date of birth, and address of the party charged;</subsection><subsection number="53-3-218(4)(b)"> the license certificate number of the party charged, if any;</subsection><subsection number="53-3-218(4)(c)"> the registration number of the motor vehicle or motorboat involved;</subsection><subsection number="53-3-218(4)(d)"> whether the motor vehicle was a commercial motor vehicle;</subsection><subsection number="53-3-218(4)(e)"> whether the motor vehicle carried hazardous materials;</subsection><subsection number="53-3-218(4)(f)"> whether the motor vehicle carried 16 or more occupants;</subsection><subsection number="53-3-218(4)(g)"> whether the driver presented a commercial driver license;</subsection><subsection number="53-3-218(4)(h)"> the nature of the offense;</subsection><subsection number="53-3-218(4)(i)"> whether the offense involved an accident;</subsection><subsection number="53-3-218(4)(j)"> the driver's blood alcohol content, if applicable;</subsection><subsection number="53-3-218(4)(k)"> if the offense involved a speeding violation:<subsection number="53-3-218(4)(k)(i)"> the posted speed limit;</subsection><subsection number="53-3-218(4)(k)(ii)"> the actual speed; and</subsection><subsection number="53-3-218(4)(k)(iii)"> whether the speeding violation occurred on a highway that is part of the interstate system as defined in Section <xref depth="3" refnumber="72-1-102" start="0">72-1-102</xref>;</subsection></subsection><subsection number="53-3-218(4)(l)"> the date of the hearing;</subsection><subsection number="53-3-218(4)(m)"> the plea;</subsection><subsection number="53-3-218(4)(n)"> the judgment or whether bail was forfeited; and</subsection><subsection number="53-3-218(4)(o)"> the severity of the violation, which shall be graded by the court as "minimum," "intermediate," or "maximum" as established in accordance with Subsection <xref depth="4" refnumber="53-3-221(4)" start="0">53-3-221(4)</xref>.</subsection></subsection><subsection number="53-3-218(5)"> When a convicted person secures a judgment of acquittal or reversal in any appellate court after conviction in the court of first impression, the division shall reinstate the convicted person's license immediately upon receipt of a certified copy of the judgment of acquittal or reversal.</subsection><subsection number="53-3-218(6)"> Upon a conviction for a violation of the prohibition on using a wireless communication device while operating a moving motor vehicle under Section <xref depth="3" refnumber="41-6a-1716" start="0">41-6a-1716</xref>, a judge may order a suspension of the convicted person's license for a period of three months.</subsection><subsection number="53-3-218(7)"> Upon a conviction for a violation of careless driving under Section <xref depth="3" refnumber="41-6a-1715" start="0">41-6a-1715</xref> that causes or results in the death of another person, a judge may order a revocation of the convicted person's license for a period of one year.</subsection></section><section number="53-3-219"><histories><history>Amended by Chapter <modchap sess="2025GS">173</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Suspension of minor's driving privileges.</catchline><subsection number="53-3-219(1)">The division shall immediately suspend all driving privileges of any person upon receipt of an order suspending driving privileges under Section <xref depth="3" refnumber="32B-4-409" start="0">32B-4-409</xref>, Section <xref depth="3" refnumber="32B-4-410" start="0">32B-4-410</xref>, Subsection <xref tempid="800" depth="4" refnumber="76-9-110(6)(a)">76-9-110(6)(a)</xref>, or Section <xref depth="3" refnumber="80-6-707" start="0">80-6-707</xref>.</subsection><subsection number="53-3-219(2)"><subsection number="53-3-219(2)(a)"><subsection number="53-3-219(2)(a)(i)">Upon receipt of the first order suspending a person's driving privileges under Section <xref depth="3" refnumber="32B-4-409" start="0">32B-4-409</xref>, Section <xref depth="3" refnumber="32B-4-410" start="0">32B-4-410</xref>, Subsection <xref tempid="954" depth="4" refnumber="76-9-110(6)(a)">76-9-110(6)(a)</xref>, or Section <xref depth="3" refnumber="80-6-707" start="0">80-6-707</xref>, the division shall:<subsection number="53-3-219(2)(a)(i)(A)">impose a suspension for a period of one year;</subsection><subsection number="53-3-219(2)(a)(i)(B)">if the person has not been issued an operator license, deny the person's application for a license or learner's permit for a period of one year; or</subsection><subsection number="53-3-219(2)(a)(i)(C)">if the person is under the age of eligibility for a driver license, deny the person's application for a license or learner's permit beginning on the date of conviction and continuing for one year beginning on the date of eligibility for a driver license.</subsection></subsection><subsection number="53-3-219(2)(a)(ii)">Upon receipt of the first order suspending a person's driving privileges under this section, the division shall reduce the suspension period under Subsection <xref depth="4" refnumber="53-3-219(2)(a)(i)(A)" start="0">(2)(a)(i)(A)</xref>, <xref depth="4" refnumber="53-3-219(2)(a)(i)(B)" start="0">(B)</xref>, or <xref depth="4" refnumber="53-3-219(2)(a)(i)(C)" start="0">(C)</xref> if ordered by the court in accordance with Subsection <xref depth="4" refnumber="32B-4-409(5)(b)" start="0">32B-4-409(5)(b)</xref>, <xref depth="4" refnumber="32B-4-410(4)(b)" start="0">32B-4-410(4)(b)</xref>, <xref tempid="1096" depth="4" refnumber="76-9-110(6)(b)">76-9-110(6)(b)</xref>, or <xref depth="4" refnumber="80-6-707(3)(a)" start="0">80-6-707(3)(a)</xref>.</subsection></subsection><subsection number="53-3-219(2)(b)"><subsection number="53-3-219(2)(b)(i)">Upon receipt of a second or subsequent order suspending a person's driving privileges under Section <xref depth="3" refnumber="32B-4-409" start="0">32B-4-409</xref>, Section <xref depth="3" refnumber="32B-4-410" start="0">32B-4-410</xref>, Subsection <xref tempid="391" depth="4" refnumber="76-9-110(6)(a)">76-9-110(6)(a)</xref>, or Subsection <xref depth="4" refnumber="80-6-707(3)(b)" start="0">80-6-707(3)(b)</xref>, the division shall:<subsection number="53-3-219(2)(b)(i)(A)">impose a suspension for a period of two years;</subsection><subsection number="53-3-219(2)(b)(i)(B)">if the person has not been issued an operator license or is under the age of eligibility for a driver license, deny the person's application for a license or learner's permit for a period of two years; or</subsection><subsection number="53-3-219(2)(b)(i)(C)">if the person is under the age of eligibility for a driver license, deny the person's application for a license or learner's permit beginning on the date of conviction and continuing for two years beginning on the date of eligibility for a driver license.</subsection></subsection><subsection number="53-3-219(2)(b)(ii)">Upon receipt of the second or subsequent order suspending a person's driving privileges under Section <xref depth="3" refnumber="32B-4-409" start="0">32B-4-409</xref>, Section <xref depth="3" refnumber="32B-4-410" start="0">32B-4-410</xref>, Subsection <xref tempid="748" depth="4" refnumber="76-9-110(6)(a)">76-9-110(6)(a)</xref>, or Section <xref depth="3" refnumber="80-6-707" start="0">80-6-707</xref>, the division shall reduce the suspension period if ordered by the court in accordance with Subsection <xref depth="4" refnumber="32B-4-409(5)(c)" start="0">32B-4-409(5)(c)</xref>, <xref depth="4" refnumber="32B-4-410(4)(c)" start="0">32B-4-410(4)(c)</xref>, <xref depth="4" refnumber="76-9-110(6)(c)">76-9-110(6)(c)</xref>, or <xref depth="4" refnumber="80-6-707(3)(b)" start="0">80-6-707(3)(b)</xref>.</subsection></subsection></subsection><subsection number="53-3-219(3)">The Driver License Division shall subtract from any suspension or revocation period for a conviction of a violation of Section <xref depth="3" refnumber="32B-4-409" start="0">32B-4-409</xref> the number of days for which a license was previously suspended under Section <xref depth="3" refnumber="53-3-231" start="0">53-3-231</xref>, if the previous sanction was based on the same occurrence upon which the record of conviction is based.</subsection><subsection number="53-3-219(4)">After reinstatement of the license described in Subsection <xref depth="4" refnumber="53-3-219(1)" start="0">(1)</xref>, a report authorized under Section <xref depth="3" refnumber="53-3-104" start="0">53-3-104</xref> may not contain evidence of the suspension of a minor's license under this section if the minor has not been convicted of any other offense for which the suspension under Subsection <xref depth="4" refnumber="53-3-219(1)" start="0">(1)</xref> may be extended.</subsection></section><section number="53-3-220"><histories><history>Amended by Chapter <modchap sess="2026GS">362</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Offenses requiring mandatory revocation, denial, suspension, or disqualification of license -- Offense requiring an extension of period -- Hearing -- Limited driving privileges.</catchline><subsection number="53-3-220(1)"><subsection number="53-3-220(1)(a)">The division shall immediately revoke or, when this chapter, Title 41, Chapter 1a, Motor Vehicle Act, Title 41, Chapter 6a, Traffic Code, or Section <xref depth="3" refnumber="76-5-303">76-5-303</xref>, specifically provides for denial, suspension, or disqualification, the division shall deny, suspend, or disqualify the license or endorsement of a person upon receiving a record of the person's conviction for:<subsection number="53-3-220(1)(a)(i)">manslaughter or negligent homicide resulting from driving a motor vehicle, automobile homicide under Section <xref depth="3" refnumber="76-5-207">76-5-207</xref>, or automobile homicide involving using a handheld wireless communication device while driving under Section <xref depth="3" refnumber="76-5-207.5">76-5-207.5</xref>;</subsection><subsection number="53-3-220(1)(a)(ii)">driving or being in actual physical control of a motor vehicle while under the influence of alcohol, any drug, or combination of them to a degree that renders the person incapable of safely driving a motor vehicle as prohibited in Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref> or as prohibited in an ordinance that complies with the requirements of Subsection <xref depth="4" refnumber="41-6a-510(1)">41-6a-510(1)</xref>;</subsection><subsection number="53-3-220(1)(a)(iii)">driving or being in actual physical control of a motor vehicle while having a blood or breath alcohol content as prohibited in Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref> or as prohibited in an ordinance that complies with the requirements of Subsection <xref depth="4" refnumber="41-6a-510(1)">41-6a-510(1)</xref>;</subsection><subsection number="53-3-220(1)(a)(iv)">perjury or the making of a false affidavit to the division under this chapter, Title 41, Motor Vehicles, or any other law of this state requiring the registration of motor vehicles or regulating driving on highways;</subsection><subsection number="53-3-220(1)(a)(v)">any felony under the motor vehicle laws of this state;</subsection><subsection number="53-3-220(1)(a)(vi)">any other felony in which a motor vehicle is used to facilitate the offense;</subsection><subsection number="53-3-220(1)(a)(vii)">failure to stop and render aid as required under the laws of this state if a motor vehicle accident results in the death or personal injury of another;</subsection><subsection number="53-3-220(1)(a)(viii)">two charges of reckless driving, impaired driving, or any combination of reckless driving and impaired driving committed within a period of 12 months; but if upon a first conviction of reckless driving or impaired driving the judge or justice recommends suspension of the convicted person's license, the division may after a hearing suspend the license for a period of three months;</subsection><subsection number="53-3-220(1)(a)(ix)">failure to bring a motor vehicle to a stop at the command of a law enforcement officer as required in Section <xref depth="3" refnumber="41-6a-210">41-6a-210</xref>;</subsection><subsection number="53-3-220(1)(a)(x)">any offense specified in Part 4, Uniform Commercial Driver License Act, that requires disqualification;</subsection><subsection number="53-3-220(1)(a)(xi)">a violation of Section <xref depth="3" refnumber="76-11-209">76-11-209</xref> involving the discharging or allowing the discharging of a firearm from a vehicle or a violation of Section <xref depth="3" refnumber="76-11-210">76-11-210</xref>;</subsection><subsection number="53-3-220(1)(a)(xii)">using, allowing the use of, or causing to be used any explosive, chemical, or incendiary device from a vehicle in violation of Subsection <xref tempid="775" depth="4" refnumber="76-15-210(2)(b)(ii)">76-15-210(2)(b)(ii)</xref>;</subsection><subsection number="53-3-220(1)(a)(xiii)">operating or being in actual physical control of a motor vehicle while having any measurable controlled substance or metabolite of a controlled substance in the person's body in violation of Section <xref depth="3" refnumber="41-6a-517">41-6a-517</xref>;</subsection><subsection number="53-3-220(1)(a)(xiv)">operating or being in actual physical control of a motor vehicle while having any measurable or detectable amount of alcohol in the person's body in violation of Section <xref depth="3" refnumber="41-6a-530">41-6a-530</xref>;</subsection><subsection number="53-3-220(1)(a)(xv)">engaging in a motor vehicle speed contest or exhibition of speed on a highway in violation of Section <xref depth="3" refnumber="41-6a-606">41-6a-606</xref>;</subsection><subsection number="53-3-220(1)(a)(xvi)">operating or being in actual physical control of a motor vehicle in this state without an ignition interlock system in violation of Section <xref depth="3" refnumber="41-6a-518.2">41-6a-518.2</xref>; </subsection><subsection number="53-3-220(1)(a)(xvii)">refusal of a chemical test under Subsection <xref depth="4" refnumber="41-6a-520.1(1)">41-6a-520.1(1)</xref>; </subsection><subsection number="53-3-220(1)(a)(xviii)">failure to properly display a license plate on a motorcycle under Section <xref depth="3" refnumber="41-1a-404.1">41-1a-404.1</xref>;</subsection><subsection number="53-3-220(1)(a)(xix)">performing a wheelie on a highway under Section <xref depth="3" refnumber="41-6a-606.1">41-6a-606.1</xref>;</subsection><subsection number="53-3-220(1)(a)(xx)">engaging in lane splitting under Section <xref depth="3" refnumber="41-6a-704.1">41-6a-704.1</xref>; or</subsection><subsection number="53-3-220(1)(a)(xxi)">two or more offenses that:<subsection number="53-3-220(1)(a)(xxi)(A)">are committed within a period of one year;</subsection><subsection number="53-3-220(1)(a)(xxi)(B)">are enhanced under Section <xref depth="3" refnumber="76-3-203.17">76-3-203.17</xref>; and</subsection><subsection number="53-3-220(1)(a)(xxi)(C)">arose from separate incidents.</subsection></subsection></subsection><subsection number="53-3-220(1)(b)">The division shall immediately revoke the license of a person upon receiving a record of an adjudication under Section <xref depth="3" refnumber="80-6-701">80-6-701</xref> for:<subsection number="53-3-220(1)(b)(i)">a violation of Section <xref depth="3" refnumber="76-11-209">76-11-209</xref> involving the discharging or allowing the discharging of a firearm from a vehicle or a violation of Section <xref depth="3" refnumber="76-11-210">76-11-210</xref> involving discharging or allowing the discharge of a firearm from a vehicle; or</subsection><subsection number="53-3-220(1)(b)(ii)">using, allowing the use of, or causing to be used any explosive, chemical, or incendiary device from a vehicle in violation of Subsection <xref depth="4" refnumber="76-15-210(2)(b)(ii)">76-15-210(2)(b)(ii)</xref>.</subsection></subsection><subsection number="53-3-220(1)(c)"><subsection number="53-3-220(1)(c)(i)">Except when action is taken under Section <xref depth="3" refnumber="53-3-219">53-3-219</xref> for the same offense, upon receiving a record of conviction, the division shall immediately suspend for six months the license of the convicted person if the person was convicted of violating an offense contained in one of the following provisions while the person was an operator of a motor vehicle, and the court finds that a driver license suspension is likely to reduce recidivism and is in the interest of public safety:<subsection number="53-3-220(1)(c)(i)(A)">Title 58, Chapter 37, Controlled Substances, or Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances;</subsection><subsection number="53-3-220(1)(c)(i)(B)">Title 58, Chapter 37c, Controlled Substance Precursors;</subsection><subsection number="53-3-220(1)(c)(i)(C)">Title 76, Chapter 18, Part 3, Offenses Concerning Drug Paraphernalia;</subsection><subsection number="53-3-220(1)(c)(i)(D)">Title 76, Chapter 18, Part 4, Offenses Concerning Imitation Controlled Substances;</subsection><subsection number="53-3-220(1)(c)(i)(E)">Title 76, Chapter 18, Part 5, Clandestine Drug Labs;</subsection><subsection number="53-3-220(1)(c)(i)(F)">an offense described in a statute previously in effect in this state that is the same or substantially similar to a violation of an offense described in Subsection <xref depth="4" refnumber="53-3-220(1)(c)(i)(a)">(1)(c)(i)(A)</xref> through <xref depth="4" refnumber="53-3-220(e)">(E)</xref>; or</subsection><subsection number="53-3-220(1)(c)(i)(G)">any criminal offense that prohibits possession, distribution, manufacture, cultivation, sale, or transfer of any substance that is prohibited under the provisions described in Subsections <xref depth="4" refnumber="53-3-220(1)(c)(i)(a)">(1)(c)(i)(A)</xref> through (F), or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance that is prohibited under the provisions described in Subsections <xref depth="4" refnumber="53-3-220(1)(c)(i)(a)">(1)(c)(i)(A)</xref> through (F).</subsection></subsection><subsection number="53-3-220(1)(c)(ii)">Notwithstanding the provisions in Subsection <xref depth="4" refnumber="53-3-220(1)(c)(i)">(1)(c)(i)</xref>, the division shall reinstate a person's driving privilege before completion of the suspension period imposed under Subsection <xref depth="4" refnumber="53-3-220(1)(c)(i)">(1)(c)(i)</xref> if the reporting court notifies the Driver License Division, in a manner specified by the division, that the defendant is participating in or has successfully completed a drug court program as defined in Section <xref depth="3" refnumber="78A-5-201">78A-5-201</xref>.</subsection><subsection number="53-3-220(1)(c)(iii)">If a person's driving privilege is reinstated under Subsection <xref depth="4" refnumber="53-3-220(1)(c)(ii)">(1)(c)(ii)</xref>, the person is required to pay the license reinstatement fees under Subsection <xref depth="4" refnumber="53-3-105(26)">53-3-105(26)</xref>.</subsection><subsection number="53-3-220(1)(c)(iv)">The court shall notify the division, in a manner specified by the division, if a person fails to complete all requirements of the drug court program.</subsection><subsection number="53-3-220(1)(c)(v)">Upon receiving the notification described in Subsection <xref depth="4" refnumber="53-3-220(1)(c)(iv)">(1)(c)(iv)</xref>, the division shall suspend the person's driving privilege for a period of six months from the date of the notice, and no days shall be subtracted from the six-month suspension period for which a driving privilege was previously suspended under Subsection <xref depth="4" refnumber="53-3-220(1)(c)(i)">(1)(c)(i)</xref>.</subsection></subsection><subsection number="53-3-220(1)(d)"><subsection number="53-3-220(1)(d)(i)">The division shall immediately suspend a person's driver license for conviction of the offense of theft of motor vehicle fuel under Section <xref depth="3" refnumber="76-6-404.7">76-6-404.7</xref> if the division receives:<subsection number="53-3-220(1)(d)(i)(A)">an order from the sentencing court requiring that the person's driver license be suspended; and</subsection><subsection number="53-3-220(1)(d)(i)(B)">a record of the conviction.</subsection></subsection><subsection number="53-3-220(1)(d)(ii)">An order of suspension under this section is at the discretion of the sentencing court, and may not be for more than 90 days for each offense.</subsection></subsection><subsection number="53-3-220(1)(e)"><subsection number="53-3-220(1)(e)(i)">The division shall immediately suspend for one year the license of a person upon receiving a record of:<subsection number="53-3-220(1)(e)(i)(A)">conviction for the first time for a violation under Section <xref depth="3" refnumber="32B-4-411">32B-4-411</xref>; or</subsection><subsection number="53-3-220(1)(e)(i)(B)">an adjudication under Section <xref depth="3" refnumber="80-6-701">80-6-701</xref> for a violation under Section <xref depth="3" refnumber="32B-4-411">32B-4-411</xref>.</subsection></subsection><subsection number="53-3-220(1)(e)(ii)">The division shall immediately suspend for a period of two years the license of a person upon receiving a record of:<subsection number="53-3-220(1)(e)(ii)(A)"><subsection number="53-3-220(1)(e)(ii)(A)(I)">conviction for a second or subsequent violation under Section <xref depth="3" refnumber="32B-4-411">32B-4-411</xref>; and</subsection><subsection number="53-3-220(1)(e)(ii)(A)(II)">the violation described in Subsection <xref depth="4" refnumber="53-3-220(1)(e)(ii)(a)(i)">(1)(e)(ii)(A)(I)</xref> is within 10 years of a prior conviction for a violation under Section <xref depth="3" refnumber="32B-4-411">32B-4-411</xref>; or</subsection></subsection><subsection number="53-3-220(1)(e)(ii)(B)"><subsection number="53-3-220(1)(e)(ii)(B)(I)">a second or subsequent adjudication under Section <xref depth="3" refnumber="80-6-701">80-6-701</xref> for a violation under Section <xref depth="3" refnumber="32B-4-411">32B-4-411</xref>; and</subsection><subsection number="53-3-220(1)(e)(ii)(B)(II)">the adjudication described in Subsection <xref depth="4" refnumber="53-3-220(1)(e)(ii)(b)(i)">(1)(e)(ii)(B)(I)</xref> is within 10 years of a prior adjudication under Section <xref depth="3" refnumber="80-6-701">80-6-701</xref> for a violation under Section <xref depth="3" refnumber="32B-4-411">32B-4-411</xref>.</subsection></subsection></subsection><subsection number="53-3-220(1)(e)(iii)">Upon receipt of a record under Subsection <xref depth="4" refnumber="53-3-220(1)(e)(i)">(1)(e)(i)</xref> or <xref depth="4" refnumber="53-3-220(ii)">(ii)</xref>, the division shall:<subsection number="53-3-220(1)(e)(iii)(A)">for a conviction or adjudication described in Subsection <xref depth="4" refnumber="53-3-220(1)(e)(i)">(1)(e)(i)</xref>:<subsection number="53-3-220(1)(e)(iii)(A)(I)">impose a suspension for one year beginning on the date of conviction; or</subsection><subsection number="53-3-220(1)(e)(iii)(A)(II)">if the person is under the age of eligibility for a driver license, impose a suspension that begins on the date of conviction and continues for one year beginning on the date of eligibility for a driver license; or</subsection></subsection><subsection number="53-3-220(1)(e)(iii)(B)">for a conviction or adjudication described in Subsection <xref depth="4" refnumber="53-3-220(1)(e)(ii)">(1)(e)(ii)</xref>:<subsection number="53-3-220(1)(e)(iii)(B)(I)">impose a suspension for a period of two years; or</subsection><subsection number="53-3-220(1)(e)(iii)(B)(II)">if the person is under the age of eligibility for a driver license, impose a suspension that begins on the date of conviction and continues for two years beginning on the date of eligibility for a driver license.</subsection></subsection></subsection><subsection number="53-3-220(1)(e)(iv)">Upon receipt of the first order suspending a person's driving privileges under Section <xref depth="3" refnumber="32B-4-411">32B-4-411</xref>, the division shall reduce the suspension period under Subsection <xref depth="4" refnumber="53-3-220(1)(e)(i)">(1)(e)(i)</xref> if ordered by the court in accordance with Subsection <xref depth="4" refnumber="32B-4-411(3)(a)">32B-4-411(3)(a)</xref>.</subsection><subsection number="53-3-220(1)(e)(v)">Upon receipt of the second or subsequent order suspending a person's driving privileges under Section <xref depth="3" refnumber="32B-4-411">32B-4-411</xref>, the division shall reduce the suspension period under Subsection <xref depth="4" refnumber="53-3-220(1)(e)(ii)">(1)(e)(ii)</xref> if ordered by the court in accordance with Subsection <xref depth="4" refnumber="32B-4-411(3)(b)">32B-4-411(3)(b)</xref>.</subsection></subsection><subsection number="53-3-220(1)(f)">The division shall immediately suspend a person's driver license for the conviction of an offense that is enhanced under Section <xref depth="3" refnumber="76-3-203.17">76-3-203.17</xref> if the division receives:<subsection number="53-3-220(1)(f)(i)">an order from the sentencing court requiring the person's driver license to be suspended; and</subsection><subsection number="53-3-220(1)(f)(ii)">a record of the conviction.</subsection></subsection></subsection><subsection number="53-3-220(2)">The division shall extend the period of the first denial, suspension, revocation, or disqualification for an additional like period, to a maximum of one year for each subsequent occurrence, upon receiving:<subsection number="53-3-220(2)(a)">a record of the conviction of any person on a charge of driving a motor vehicle while the person's license is denied, suspended, revoked, or disqualified;</subsection><subsection number="53-3-220(2)(b)">a record of a conviction of the person for any violation of the motor vehicle law in which the person was involved as a driver;</subsection><subsection number="53-3-220(2)(c)">a report of an arrest of the person for any violation of the motor vehicle law in which the person was involved as a driver; or</subsection><subsection number="53-3-220(2)(d)">a report of an accident in which the person was involved as a driver.</subsection></subsection><subsection number="53-3-220(3)">When the division receives a report under Subsection <xref depth="4" refnumber="53-3-220(2)(c)">(2)(c)</xref> or <xref depth="4" refnumber="53-3-220(d)">(d)</xref> that a person is driving while the person's license is denied, suspended, disqualified, or revoked, the person is entitled to a hearing regarding the extension of the time of denial, suspension, disqualification, or revocation originally imposed under Section <xref depth="3" refnumber="53-3-221">53-3-221</xref>.</subsection><subsection number="53-3-220(4)"><subsection number="53-3-220(4)(a)">The division may extend to a person the limited privilege of driving a motor vehicle to and from the person's place of employment or within other specified limits on recommendation of the judge in any case where a person is convicted of any of the offenses referred to in Subsections <xref depth="4" refnumber="53-3-220(1)">(1)</xref> and <xref depth="4" refnumber="53-3-220(2)">(2)</xref> except:<subsection number="53-3-220(4)(a)(i)">those offenses referred to in Subsections <xref depth="4" refnumber="53-3-220(1)(a)(i)">(1)(a)(i)</xref>, <xref refnumber="(ii)" depth="4">(ii)</xref>, <xref refnumber="(iii)" depth="4">(iii)</xref>, <xref refnumber="(xi)" depth="4">(xi)</xref>, <xref refnumber="(xii)" depth="4">(xii)</xref>, <xref refnumber="(xiii)" depth="4">(xiii)</xref>, <xref refnumber="(1)(b)" depth="4">(1)(b)</xref>, and <xref refnumber="(1)(c)(i)" depth="4">(1)(c)(i)</xref>; and</subsection><subsection number="53-3-220(4)(a)(ii)">those offenses referred to in Subsection <xref depth="4" refnumber="53-3-220(2)">(2)</xref> when the original denial, suspension, revocation, or disqualification was imposed because of a violation of Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref>, <xref depth="3" refnumber="41-6a-517">41-6a-517</xref>, a local ordinance that complies with the requirements of Subsection <xref depth="4" refnumber="41-6a-510(1)">41-6a-510(1)</xref>, Section <xref depth="3" refnumber="41-6a-520">41-6a-520</xref>, <xref depth="3" refnumber="41-6a-520.1">41-6a-520.1</xref>, <xref depth="3" refnumber="76-5-102.1">76-5-102.1</xref>, or <xref depth="3" refnumber="76-5-207">76-5-207</xref>, or a criminal prohibition that the person was charged with violating as a result of a plea bargain after having been originally charged with violating one or more of these sections or ordinances, unless:<subsection number="53-3-220(4)(a)(ii)(A)">the person has had the period of the first denial, suspension, revocation, or disqualification extended for a period of at least three years;</subsection><subsection number="53-3-220(4)(a)(ii)(B)">the division receives written verification from the person's primary care physician or physician assistant that:<subsection number="53-3-220(4)(a)(ii)(B)(I)">to the physician's or physician assistant's knowledge the person has not used any narcotic drug or other controlled substance except as prescribed by a licensed medical practitioner within the last three years; and</subsection><subsection number="53-3-220(4)(a)(ii)(B)(II)">the physician or physician assistant is not aware of any physical, emotional, or mental impairment that would affect the person's ability to operate a motor vehicle safely; and</subsection></subsection><subsection number="53-3-220(4)(a)(ii)(C)">for a period of one year prior to the date of the request for a limited driving privilege:<subsection number="53-3-220(4)(a)(ii)(C)(I)">the person has not been convicted of a violation of any motor vehicle law in which the person was involved as the operator of the vehicle;</subsection><subsection number="53-3-220(4)(a)(ii)(C)(II)">the division has not received a report of an arrest for a violation of any motor vehicle law in which the person was involved as the operator of the vehicle; and</subsection><subsection number="53-3-220(4)(a)(ii)(C)(III)">the division has not received a report of an accident in which the person was involved as an operator of a vehicle.</subsection></subsection></subsection></subsection><subsection number="53-3-220(4)(b)"><subsection number="53-3-220(4)(b)(i)">Except as provided in Subsection <xref depth="4" refnumber="53-3-220(4)(b)(ii)">(4)(b)(ii)</xref>, the discretionary privilege authorized in this Subsection <xref depth="4" refnumber="53-3-220(4)">(4)</xref>:<subsection number="53-3-220(4)(b)(i)(A)">is limited to when undue hardship would result from a failure to grant the privilege; and</subsection><subsection number="53-3-220(4)(b)(i)(B)">may be granted only once to any person during any single period of denial, suspension, revocation, or disqualification, or extension of that denial, suspension, revocation, or disqualification.</subsection></subsection><subsection number="53-3-220(4)(b)(ii)">The discretionary privilege authorized in Subsection <xref depth="4" refnumber="53-3-220(4)(a)(ii)">(4)(a)(ii)</xref>:<subsection number="53-3-220(4)(b)(ii)(A)">is limited to when the limited privilege is necessary for the person to commute to school or work; and</subsection><subsection number="53-3-220(4)(b)(ii)(B)">may be granted only once to any person during any single period of denial, suspension, revocation, or disqualification, or extension of that denial, suspension, revocation, or disqualification.</subsection></subsection></subsection><subsection number="53-3-220(4)(c)">A limited CDL may not be granted to a person disqualified under Part 4, Uniform Commercial Driver License Act, or whose license has been revoked, suspended, cancelled, or denied under this chapter.</subsection></subsection></section><section number="53-3-221"><histories><history>Amended by Chapter <modchap sess="2026GS">460</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Offenses that may result in denial, suspension, disqualification, or revocation of license -- Additional grounds for suspension -- Point system for traffic violations -- Notice and hearing -- Reporting of traffic violation procedures.</catchline><subsection number="53-3-221(1)">By following the procedures in <xref depth="1" refnumber="63G-4" start="0">Title 63G, Chapter 4, Administrative Procedures Act</xref>, the division may deny, suspend, disqualify, or revoke the license or permit of any individual without receiving a record of the individual's conviction of crime when the division has been notified or has reason to believe the individual:<subsection number="53-3-221(1)(a)">has committed any offenses for which mandatory suspension or revocation of a license is required upon conviction under Section <xref depth="3" refnumber="53-3-220" start="0">53-3-220</xref>;</subsection><subsection number="53-3-221(1)(b)">has, by reckless driving of a motor vehicle, caused or contributed to an accident resulting in death or injury to any other individual, or property damage;</subsection><subsection number="53-3-221(1)(c)">is incompetent to drive a motor vehicle or mobility vehicle or has a mental or physical disability rendering it unsafe for the individual to drive a motor vehicle or mobility vehicle upon the highways;</subsection><subsection number="53-3-221(1)(d)">has committed a serious violation of the motor vehicle laws of this state;</subsection><subsection number="53-3-221(1)(e)">has knowingly committed a violation of Section <xref depth="3" refnumber="53-3-229" start="0">53-3-229</xref>; or</subsection><subsection number="53-3-221(1)(f)">has been convicted of serious offenses against traffic laws governing the movement of motor vehicles with a frequency that indicates a disrespect for traffic laws and a disregard for the safety of other individuals on the highways.</subsection></subsection><subsection number="53-3-221(2)"><subsection number="53-3-221(2)(a)"><subsection number="53-3-221(2)(a)(i)">Except as provided in Subsection <xref depth="4" refnumber="53-3-218(3)" start="0">53-3-218(3)</xref>, and subject to Subsection <xref depth="4" refnumber="53-3-221(2)(a)(ii)" start="0">(2)(a)(ii)</xref>, the division may suspend a license of an individual under Subsection <xref depth="4" refnumber="53-3-221(1)" start="0">(1)</xref>:<subsection number="53-3-221(2)(a)(i)(A)">when the individual has failed to comply with the terms stated on a traffic citation issued in this state; or</subsection><subsection number="53-3-221(2)(a)(i)(B)">if the division receives a notification from a court as described in Subsection <xref depth="4" refnumber="41-6a-509(11)(d)" start="0">41-6a-509(11)(d)</xref> or <xref depth="4" refnumber="41-6a-517(13)(b)" start="0">41-6a-517(13)(b)</xref>.</subsection></subsection><subsection number="53-3-221(2)(a)(ii)">This Subsection <xref depth="4" refnumber="53-3-221(2)" start="0">(2)</xref> does not apply to highway weight limit violations or violations of law governing the transportation of hazardous materials.</subsection></subsection><subsection number="53-3-221(2)(b)"><subsection number="53-3-221(2)(b)(i)">This Subsection <xref depth="4" refnumber="53-3-221(2)" start="0">(2)</xref> may not be exercised unless notice of the pending suspension of the driving privilege has been sent at least 30 days previously to the individual at the address provided to the division.</subsection><subsection number="53-3-221(2)(b)(ii)">After clearance by the division, a report authorized by Section <xref depth="3" refnumber="53-3-104" start="0">53-3-104</xref> may not contain any evidence of a suspension that occurred as a result of failure to comply with the terms stated on a traffic citation.</subsection></subsection></subsection><subsection number="53-3-221(3)">Except as provided in Subsection <xref depth="4" refnumber="53-3-218(3)" start="0">53-3-218(3)</xref>, the division may not revoke, deny, suspend, or disqualify an individual's driver license based solely on:<subsection number="53-3-221(3)(a)">the individual's failure to appear;</subsection><subsection number="53-3-221(3)(b)">the individual's failure to pay an outstanding penalty accounts receivable; or</subsection><subsection number="53-3-221(3)(c)">the issuance of a bench warrant as a result of an event described in Subsection <xref depth="4" refnumber="53-3-221(3)(a)" start="0">(3)(a)</xref> or <xref depth="4" refnumber="53-3-221(3)(b)" start="0">(b)</xref>.</subsection></subsection><subsection number="53-3-221(4)"><subsection number="53-3-221(4)(a)">The division shall make rules establishing a point system as provided for in this Subsection <xref depth="4" refnumber="53-3-221(4)" start="0">(4)</xref>.</subsection><subsection number="53-3-221(4)(b)"><subsection number="53-3-221(4)(b)(i)">The division shall assign a number of points to each type of moving traffic violation as a measure of its seriousness.</subsection><subsection number="53-3-221(4)(b)(ii)">The points shall be based upon actual relationships between types of traffic violations and motor vehicle traffic accidents.</subsection><subsection number="53-3-221(4)(b)(iii)">Except as provided in Subsection <xref depth="4" refnumber="53-3-221(4)(b)(iv)" start="0">(4)(b)(iv)</xref>, the division may not assess points against an individual's driving record for a conviction of a traffic violation:<subsection number="53-3-221(4)(b)(iii)(A)">that occurred in another state; and</subsection><subsection number="53-3-221(4)(b)(iii)(B)">that was committed on or after July 1, 2011.</subsection></subsection><subsection number="53-3-221(4)(b)(iv)">The provisions of Subsection <xref depth="4" refnumber="53-3-221(4)(b)(iii)" start="0">(4)(b)(iii)</xref> do not apply to:<subsection number="53-3-221(4)(b)(iv)(A)">a reckless or impaired driving violation or a speeding violation for exceeding the posted speed limit by 21 or more miles per hour; or</subsection><subsection number="53-3-221(4)(b)(iv)(B)">an offense committed in another state which, if committed within Utah, would result in the mandatory suspension or revocation of a license upon conviction under Section <xref depth="3" refnumber="53-3-220" start="0">53-3-220</xref>.</subsection></subsection></subsection><subsection number="53-3-221(4)(c)">Every individual convicted of a traffic violation shall have assessed against the individual's driving record the number of points that the division has assigned to the type of violation of which the individual has been convicted, except that the number of points assessed shall be decreased by 10% if on the abstract of the court record of the conviction the court has graded the severity of violation as minimum, and shall be increased by 10% if on the abstract the court has graded the severity of violation as maximum.</subsection><subsection number="53-3-221(4)(d)"><subsection number="53-3-221(4)(d)(i)">A separate procedure for assessing points for speeding offenses shall be established by the division based upon the severity of the offense.</subsection><subsection number="53-3-221(4)(d)(ii)">The severity of a speeding violation shall be graded as:<subsection number="53-3-221(4)(d)(ii)(A)">"minimum" for exceeding the posted speed limit by up to 10 miles per hour;</subsection><subsection number="53-3-221(4)(d)(ii)(B)">"intermediate" for exceeding the posted speed limit by 11 to 20 miles per hour; and</subsection><subsection number="53-3-221(4)(d)(ii)(C)">"maximum" for exceeding the posted speed limit by 21 or more miles per hour.</subsection></subsection><subsection number="53-3-221(4)(d)(iii)">Consideration shall be made for assessment of no points on minimum speeding violations, except for speeding violations in school zones.</subsection></subsection><subsection number="53-3-221(4)(e)"><subsection number="53-3-221(4)(e)(i)">Points assessed against an individual's driving record shall be deleted for violations occurring before a time limit set by the division.</subsection><subsection number="53-3-221(4)(e)(ii)">The time limit may not exceed three years.</subsection><subsection number="53-3-221(4)(e)(iii)">The division may also delete points to reward violation-free driving for periods of time set by the division.</subsection></subsection><subsection number="53-3-221(4)(f)"><subsection number="53-3-221(4)(f)(i)">By publication in two newspapers having general circulation throughout the state, the division shall give notice of the number of points it has assigned to each type of traffic violation, the time limit set by the division for the deletion of points, and the point level at which the division will generally take action to deny or suspend under this section.</subsection><subsection number="53-3-221(4)(f)(ii)">The division may not change any of the information provided above regarding points without first giving new notice in the same manner.</subsection></subsection></subsection><subsection number="53-3-221(5)"><subsection number="53-3-221(5)(a)"><subsection number="53-3-221(5)(a)(i)">If the division finds that the license of an individual should be denied, suspended, disqualified, or revoked under this section, the division shall immediately notify the licensee in a manner specified by the division and afford the individual an opportunity for a hearing in the county where the licensee resides.</subsection><subsection number="53-3-221(5)(a)(ii)">The hearing shall be documented, and the division or its authorized agent may administer oaths, may issue subpoenas for the attendance of witnesses and the production of relevant books and papers, and may require a reexamination of the licensee.</subsection><subsection number="53-3-221(5)(a)(iii)">One or more members of the division may conduct the hearing, and any decision made after a hearing before any number of the members of the division is as valid as if made after a hearing before the full membership of the division.</subsection><subsection number="53-3-221(5)(a)(iv)">After the hearing the division shall either rescind or affirm its decision to deny, suspend, disqualify, or revoke the license.</subsection></subsection><subsection number="53-3-221(5)(b)">The denial, suspension, disqualification, or revocation of the license remains in effect pending qualifications determined by the division regarding an individual:<subsection number="53-3-221(5)(b)(i)">whose license has been denied or suspended following reexamination;</subsection><subsection number="53-3-221(5)(b)(ii)">who is incompetent to drive a motor vehicle;</subsection><subsection number="53-3-221(5)(b)(iii)">who is afflicted with mental or physical infirmities that might make the individual dangerous on the highways; or</subsection><subsection number="53-3-221(5)(b)(iv)">who may not have the necessary knowledge or skill to drive a motor vehicle safely.</subsection></subsection></subsection><subsection number="53-3-221(6)"><subsection number="53-3-221(6)(a)">Subject to Subsection <xref depth="4" refnumber="53-3-221(6)(d)" start="0">(6)(d)</xref>, the division shall suspend an individual's license when the division receives notice from the Office of Recovery Services that the Office of Recovery Services has ordered the suspension of the individual's license.</subsection><subsection number="53-3-221(6)(b)">A suspension under Subsection <xref depth="4" refnumber="53-3-221(6)(a)" start="0">(6)(a)</xref> shall remain in effect until the division receives notice from the Office of Recovery Services that the Office of Recovery Services has rescinded the order of suspension.</subsection><subsection number="53-3-221(6)(c)">After an order of suspension is rescinded under Subsection <xref depth="4" refnumber="53-3-221(6)(b)" start="0">(6)(b)</xref>, a report authorized by Section <xref depth="3" refnumber="53-3-104" start="0">53-3-104</xref> may not contain any evidence of the suspension.</subsection><subsection number="53-3-221(6)(d)"><subsection number="53-3-221(6)(d)(i)">If the division suspends an individual's license under this Subsection <xref depth="4" refnumber="53-3-221(6)" start="0">(6)</xref>, the division shall, upon application, issue a temporary limited driver license to the individual if that individual needs a driver license for employment, education, or child visitation.</subsection><subsection number="53-3-221(6)(d)(ii)">The temporary limited driver license described in this section:<subsection number="53-3-221(6)(d)(ii)(A)">shall provide that the individual may operate a motor vehicle only for the purpose of driving to or from the individual's place of employment, education, or child visitation;</subsection><subsection number="53-3-221(6)(d)(ii)(B)">shall prohibit the individual from driving a motor vehicle for any purpose other than a purpose described in Subsection <xref depth="4" refnumber="53-3-221(6)(d)(ii)(A)" start="0">(6)(d)(ii)(A)</xref>; and</subsection><subsection number="53-3-221(6)(d)(ii)(C)">shall expire 90 days after the day on which the temporary limited driver license is issued.</subsection></subsection><subsection number="53-3-221(6)(d)(iii)"><subsection number="53-3-221(6)(d)(iii)(A)">During the period beginning on the day on which a temporary limited driver license is issued under this Subsection <xref depth="4" refnumber="53-3-221(6)" start="0">(6)</xref>, and ending on the day that the temporary limited driver license expires, the suspension described in this Subsection <xref depth="4" refnumber="53-3-221(6)" start="0">(6)</xref> only applies if the individual who is suspended operates a motor vehicle for a purpose other than employment, education, or child visitation.</subsection><subsection number="53-3-221(6)(d)(iii)(B)">Upon expiration of a temporary limited driver license described in this Subsection <xref depth="4" refnumber="53-3-221(6)(d)" start="0">(6)(d)</xref>:<subsection number="53-3-221(6)(d)(iii)(B)(I)">a suspension described in Subsection <xref depth="4" refnumber="53-3-221(6)(a)" start="0">(6)(a)</xref> shall be in full effect until the division receives notice, under Subsection <xref depth="4" refnumber="53-3-221(6)(b)" start="0">(6)(b)</xref>, that the order of suspension is rescinded; and</subsection><subsection number="53-3-221(6)(d)(iii)(B)(II)">an individual suspended under Subsection <xref depth="4" refnumber="53-3-221(6)(a)" start="0">(6)(a)</xref> may not drive a motor vehicle for any reason.</subsection></subsection></subsection><subsection number="53-3-221(6)(d)(iv)">The division is not required to issue a limited driver license to an individual under this Subsection <xref depth="4" refnumber="53-3-221(6)(d)" start="0">(6)(d)</xref> if there are other legal grounds for the suspension of the individual's driver license.</subsection><subsection number="53-3-221(6)(d)(v)">The division shall make rules, in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, to implement the provisions of this part.</subsection></subsection></subsection><subsection number="53-3-221(7)"><subsection number="53-3-221(7)(a)">The division may suspend or revoke the license of any resident of this state upon receiving notice of the conviction of that individual in another state of an offense committed there that, if committed in this state, would be grounds for the suspension or revocation of a license.</subsection><subsection number="53-3-221(7)(b)">The division may, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle or motorboat of any offense under the motor vehicle laws of this state, forward a certified copy of the record to the motor vehicle administrator in the state where the individual convicted is a resident.</subsection></subsection><subsection number="53-3-221(8)"><subsection number="53-3-221(8)(a)">The division may suspend or revoke the license of any nonresident to drive a motor vehicle in this state for any cause for which the license of a resident driver may be suspended or revoked.</subsection><subsection number="53-3-221(8)(b)">Any nonresident who drives a motor vehicle upon a highway when the individual's license has been suspended or revoked by the division is guilty of a class C misdemeanor.</subsection></subsection><subsection number="53-3-221(9)"><subsection number="53-3-221(9)(a)">The division may not deny or suspend the license of any individual for a period of more than one year except:<subsection number="53-3-221(9)(a)(i)">for failure to comply with the terms of a traffic citation under Subsection <xref depth="4" refnumber="53-3-221(2)" start="0">(2)</xref>;</subsection><subsection number="53-3-221(9)(a)(ii)">upon receipt of a second or subsequent order suspending juvenile driving privileges under Section <xref depth="3" refnumber="53-3-219" start="0">53-3-219</xref>;</subsection><subsection number="53-3-221(9)(a)(iii)">when extending a denial or suspension upon receiving certain records or reports under Subsection <xref depth="4" refnumber="53-3-220(2)" start="0">53-3-220(2)</xref>;</subsection><subsection number="53-3-221(9)(a)(iv)">for failure to give and maintain owner's or operator's security under Section <xref depth="3" refnumber="41-12a-411" start="0">41-12a-411</xref>;</subsection><subsection number="53-3-221(9)(a)(v)">when the division suspends the license under Subsection <xref depth="4" refnumber="53-3-221(6)" start="0">(6)</xref>; or</subsection><subsection number="53-3-221(9)(a)(vi)">when the division denies the license under Subsection <xref depth="4" refnumber="53-3-221(14)" start="0">(14)</xref>.</subsection></subsection><subsection number="53-3-221(9)(b)">The division may suspend the license of an individual under Subsection <xref depth="4" refnumber="53-3-221(2)" start="0">(2)</xref> until the individual shows satisfactory evidence of compliance with the terms of the traffic citation.</subsection></subsection><subsection number="53-3-221(10)"><subsection number="53-3-221(10)(a)">By following the procedures in <xref depth="1" refnumber="63G-4" start="0">Title 63G, Chapter 4, Administrative Procedures Act</xref>, the division may suspend the license of any individual without receiving a record of the individual's conviction for a crime when the division has reason to believe that the individual's license was granted by the division through error or fraud or that the necessary consent for the license has been withdrawn or is terminated.</subsection><subsection number="53-3-221(10)(b)">The procedure upon suspension is the same as under Subsection <xref depth="4" refnumber="53-3-221(5)" start="0">(5)</xref>, except that after the hearing the division shall either rescind its order of suspension or cancel the license.</subsection></subsection><subsection number="53-3-221(11)"><subsection number="53-3-221(11)(a)">The division, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed, may upon notice in a manner specified by the division of at least five days to the licensee require the licensee to submit to an examination.</subsection><subsection number="53-3-221(11)(b)">Upon the conclusion of the examination the division may suspend or revoke the individual's license, permit the individual to retain the license, or grant a license subject to a restriction imposed in accordance with Section <xref depth="3" refnumber="53-3-208" start="0">53-3-208</xref>.</subsection><subsection number="53-3-221(11)(c)">Refusal or neglect of the licensee to submit to an examination is grounds for suspension or revocation of the licensee's license.</subsection></subsection><subsection number="53-3-221(12)"><subsection number="53-3-221(12)(a)">Except as provided in Subsection <xref depth="4" refnumber="53-3-221(12)(b)" start="0">(12)(b)</xref>, a report authorized by Section <xref depth="3" refnumber="53-3-104" start="0">53-3-104</xref> may not contain any evidence of a conviction for speeding on an interstate system in this state if the conviction was for a speed of 10 miles per hour or less, above the posted speed limit and did not result in an accident, unless authorized in a manner specified by the division by the individual whose report is being requested.</subsection><subsection number="53-3-221(12)(b)">The provisions of Subsection <xref depth="4" refnumber="53-3-221(12)(a)" start="0">(12)(a)</xref> do not apply for:<subsection number="53-3-221(12)(b)(i)">a CDIP or CDL license holder; or</subsection><subsection number="53-3-221(12)(b)(ii)">a violation that occurred in a commercial motor vehicle.</subsection></subsection></subsection><subsection number="53-3-221(13)"><subsection number="53-3-221(13)(a)">By following the procedures in <xref depth="1" refnumber="63G-4" start="0">Title 63G, Chapter 4, Administrative Procedures Act</xref>, the division may suspend the license of an individual if it has reason to believe that the individual is the owner of a motor vehicle for which security is required under <xref depth="1" refnumber="41-12a" start="0">Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and Operators Act</xref>, and has driven the motor vehicle or permitted it to be driven within this state without the security being in effect.</subsection><subsection number="53-3-221(13)(b)">The division may suspend a driving privilege card holder's driving privilege card if the division receives notification from the Motor Vehicle Division that:<subsection number="53-3-221(13)(b)(i)">the driving privilege card holder is the registered owner of a vehicle; and</subsection><subsection number="53-3-221(13)(b)(ii)">the driving privilege card holder's vehicle registration has been revoked under Subsection <xref depth="4" refnumber="41-1a-110(2)(a)(ii)(A)" start="0">41-1a-110(2)(a)(ii)(A)</xref>.</subsection></subsection><subsection number="53-3-221(13)(c)">Section <xref depth="3" refnumber="41-12a-411" start="0">41-12a-411</xref> regarding the requirement of proof of owner's or operator's security applies to individuals whose driving privileges are suspended under this Subsection <xref depth="4" refnumber="53-3-221(13)" start="0">(13)</xref>.</subsection></subsection><subsection number="53-3-221(14)">The division may deny an individual's license if the individual fails to comply with the requirement to downgrade the individual's CDL to a class D license under Section <xref depth="3" refnumber="53-3-409">53-3-409</xref> or <xref depth="3" refnumber="53-3-410.1" start="0">53-3-410.1</xref>.</subsection><subsection number="53-3-221(15)">The division may deny an individual's class A, B, C, or D license if the individual fails to comply with the requirement to have a K restriction removed from the individual's license.</subsection><subsection number="53-3-221(16)">Any suspension or revocation of an individual's license under this section also disqualifies any license issued to that individual under <xref depth="2" refnumber="53-3-4" start="2">Part 4, Uniform Commercial Driver License Act</xref>.</subsection></section><section number="53-3-221.5"><histories><history>Amended by Chapter <modchap sess="2008GS">382</modchap>, 2008 General Session</history><modyear>2008</modyear></histories><catchline>Disclosure of license information to the Office of Recovery Services.</catchline><subsection number="53-3-221.5(1)"> The division shall disclose to the Office of Recovery Services the name, address, and other identifying information of each person: <subsection number="53-3-221.5(1)(a)"> to whom a license has been issued; or</subsection><subsection number="53-3-221.5(1)(b)"> whose driving privileges have been suspended, revoked, or reinstated.</subsection></subsection><subsection number="53-3-221.5(2)"> All information received by the Office of Recovery Services under this section is subject to <xref depth="1" refid="C63G-2_1800010118000101" refnumber="63G-2" start="0">Title 63G, Chapter 2, Government Records Access and Management Act</xref>.</subsection></section><section number="53-3-221.7"><histories><history>Enacted by Chapter <modchap sess="2016GS">319</modchap>, 2016 General Session</history><modyear>2016</modyear></histories><catchline>Disclosure of license information for the Utah White Collar Crime Offender Registry.</catchline><subsection number="53-3-221.7(1)"> The division shall disclose to the attorney general, if requested, the following information for use in connection with the Utah White Collar Crime Offender Registry established by <xref depth="1" refnumber="77-42" start="0">Title 77, Chapter 42, Utah White Collar Crime Offender Registry</xref>: <subsection number="53-3-221.7(1)(a)"> all names and aliases under which an offender has obtained a driver license, but not including any online or Internet identifiers;</subsection><subsection number="53-3-221.7(1)(b)"> a physical description of an offender, including the offender's:<subsection number="53-3-221.7(1)(b)(i)"> date of birth;</subsection><subsection number="53-3-221.7(1)(b)(ii)"> height;</subsection><subsection number="53-3-221.7(1)(b)(iii)"> weight;</subsection><subsection number="53-3-221.7(1)(b)(iv)"> eye color; and</subsection><subsection number="53-3-221.7(1)(b)(v)"> hair color;</subsection></subsection><subsection number="53-3-221.7(1)(c)"> the most current driver license photograph of an offender, as allowed in Subsection <xref depth="4" refnumber="53-3-221.7(2)(b)(ii)" start="0">(2)(b)(ii)</xref>; and</subsection><subsection number="53-3-221.7(1)(d)"> the last known address of an offender.</subsection></subsection><subsection number="53-3-221.7(2)"><subsection number="53-3-221.7(2)(a)"> The information in Subsections <xref depth="4" refnumber="53-3-221.7(1)(a)" start="0">(1)(a)</xref> and <xref depth="4" refnumber="53-3-221.7(1)(c)" start="0">(c)</xref> may be publicly posted on the Utah White Collar Crime Offender Registry, pursuant to Subsection <xref depth="4" refnumber="77-42-104(4)" start="0">77-42-104(4)</xref>, in order to assist the public in the accurate identification of offenders.</subsection><subsection number="53-3-221.7(2)(b)"> The driver license photograph under Subsection <xref depth="4" refnumber="53-3-221.7(1)(c)" start="0">(1)(c)</xref> may be publicly posted on the registry only if:<subsection number="53-3-221.7(2)(b)(i)"> the offender has not registered as required under Section <xref depth="3" refnumber="77-42-106" start="0">77-42-106</xref>;</subsection><subsection number="53-3-221.7(2)(b)(ii)"> the attorney general has attempted to contact the offender at the last known address listed in the division's records regarding the failure to register; and</subsection><subsection number="53-3-221.7(2)(b)(iii)"> 30 or more days have passed since the most recent attempt to contact the offender.</subsection></subsection><subsection number="53-3-221.7(2)(c)"> The information in Subsection <xref depth="4" refnumber="53-3-221.7(1)(d)" start="0">(1)(d)</xref> may only be used by the attorney general to assist in locating and communicating with an offender, and may not be publicly posted on the Utah White Collar Crime Offender Registry.</subsection></subsection></section><section number="53-3-222"><histories><history>Amended by Chapter <modchap sess="2005GS">2</modchap>, 2005 General Session</history><modyear>2005</modyear></histories><catchline>Purpose of revocation or suspension for driving under the influence.</catchline><tab/>The Legislature finds that the purpose of this title relating to suspension or revocation of a person's license or privilege to drive a motor vehicle for driving with a blood alcohol content above a certain level or while under the influence of alcohol, any drug, or a combination of alcohol and any drug, or for refusing to take a chemical test as provided in Section <xref depth="3" refid="C41-6a-S520_1800010118000101" refnumber="41-6a-520" start="0">41-6a-520</xref>, is protecting persons on highways by quickly removing from the highways those persons who have shown they are safety hazards. </section><section number="53-3-223"><histories><history>Amended by Chapter <modchap sess="2026GS">337</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Chemical test for driving under the influence -- Temporary license -- Hearing and decision -- Suspension and fee -- Judicial review.</catchline><subsection number="53-3-223(1)"><subsection number="53-3-223(1)(a)">If a peace officer has reasonable grounds to believe that an individual may be violating or has violated Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref>, <xref depth="3" refnumber="41-6a-517">41-6a-517</xref>, <xref depth="3" refnumber="76-5-102.1">76-5-102.1</xref>, or <xref depth="3" refnumber="76-5-207">76-5-207</xref>, the peace officer may, when arresting the individual, request that the individual submit to a chemical test or tests to be administered in compliance with Section <xref depth="3" refnumber="41-6a-520">41-6a-520</xref>.</subsection><subsection number="53-3-223(1)(b)">In this section, a reference to Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref> includes any similar local ordinance adopted in compliance with Subsection <xref depth="4" refnumber="41-6a-510(1)">41-6a-510(1)</xref>.</subsection></subsection><subsection number="53-3-223(2)">The peace officer shall advise an individual before the individual's submission to a chemical test that a test result showing:<subsection number="53-3-223(2)(a)">a violation of Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref>, <xref depth="3" refnumber="41-6a-517">41-6a-517</xref>, <xref depth="3" refnumber="76-5-102.1">76-5-102.1</xref>, or <xref depth="3" refnumber="76-5-207">76-5-207</xref> shall result in suspension or revocation of the individual's driver license; and </subsection><subsection number="53-3-223(2)(b)">the existence of a blood alcohol content sufficient to render the individual incapable of safely driving a motor vehicle may result in suspension or revocation of the individual's driver license.</subsection></subsection><subsection number="53-3-223(3)">If the individual submits to a chemical test and the test results show a blood or breath alcohol content in violation of Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref>, <xref depth="3" refnumber="41-6a-517">41-6a-517</xref>, <xref depth="3" refnumber="76-5-102.1">76-5-102.1</xref>, or <xref depth="3" refnumber="76-5-207">76-5-207</xref>, or if a peace officer determines, based on reasonable grounds, that the individual is otherwise in violation of Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref>, <xref depth="3" refnumber="76-5-102.1">76-5-102.1</xref>, or <xref depth="3" refnumber="76-5-207">76-5-207</xref>, a peace officer shall, on behalf of the division and within 24 hours of arrest, give notice of the division's intention to suspend the individual's license to drive a motor vehicle.</subsection><subsection number="53-3-223(4)">When a peace officer gives notice on behalf of the division, the peace officer shall supply to the driver, in a manner specified by the division, information regarding how to obtain a prompt hearing before the division.</subsection><subsection number="53-3-223(5)">As a matter of procedure, a peace officer shall send to the division within 10 calendar days after the day on which the peace officer provides notice:<subsection number="53-3-223(5)(a)">a copy of the citation issued for the offense;</subsection><subsection number="53-3-223(5)(b)">a signed report in a manner specified by the division showing the chemical test results, if any; and</subsection><subsection number="53-3-223(5)(c)">any other basis for the peace officer's determination that the individual has violated Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref>, <xref depth="3" refnumber="41-6a-517">41-6a-517</xref>, <xref depth="3" refnumber="76-5-102.1">76-5-102.1</xref>, or <xref depth="3" refnumber="76-5-207">76-5-207</xref>.</subsection></subsection><subsection number="53-3-223(6)"><subsection number="53-3-223(6)(a)"><subsection number="53-3-223(6)(a)(i)">Upon request by an individual, in a manner specified by the division, the division shall grant to the individual an opportunity to be heard within 45 days after the date of arrest. </subsection><subsection number="53-3-223(6)(a)(ii)">The individual shall submit a request to be heard within 10 calendar days after the day on which the peace officer provides notice under Subsection <xref depth="4" refnumber="53-3-223(5)">(5)</xref>.</subsection></subsection><subsection number="53-3-223(6)(b)"><subsection number="53-3-223(6)(b)(i)">Except as provided in Subsection <xref depth="4" refnumber="53-3-223(6)(b)(ii)">(6)(b)(ii)</xref>, if the division holds a hearing, the division shall hold the hearing in:<subsection number="53-3-223(6)(b)(i)(A)">the county in which the arrest occurred; or</subsection><subsection number="53-3-223(6)(b)(i)(B)">a county that is adjacent to the county in which the arrest occurred.</subsection></subsection><subsection number="53-3-223(6)(b)(ii)">The division may hold a hearing in another county if the division and the individual both agree.</subsection></subsection><subsection number="53-3-223(6)(c)">The division shall document the hearing and shall cover the issues of:<subsection number="53-3-223(6)(c)(i)">whether a peace officer had reasonable grounds to believe the individual was driving a motor vehicle in violation of Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref>, <xref depth="3" refnumber="41-6a-517">41-6a-517</xref>, <xref depth="3" refnumber="76-5-102.1">76-5-102.1</xref>, or <xref depth="3" refnumber="76-5-207">76-5-207</xref>;</subsection><subsection number="53-3-223(6)(c)(ii)">whether the individual refused to submit to a test; and</subsection><subsection number="53-3-223(6)(c)(iii)">the test results, if any.</subsection></subsection><subsection number="53-3-223(6)(d)"><subsection number="53-3-223(6)(d)(i)">In connection with a hearing, the division or the division's authorized agent:<subsection number="53-3-223(6)(d)(i)(A)">may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant documents; and</subsection><subsection number="53-3-223(6)(d)(i)(B)">may issue subpoenas for the attendance of necessary peace officers.</subsection></subsection><subsection number="53-3-223(6)(d)(ii)">The division shall pay witness fees and mileage from the Transportation Fund in accordance with the rates established in Section <xref depth="3" refnumber="78B-1-119">78B-1-119</xref>.</subsection></subsection><subsection number="53-3-223(6)(e)">The division may designate one or more employees to conduct the hearing.</subsection><subsection number="53-3-223(6)(f)">After a hearing, a determination made by an authorized agent is valid and binding as if made by the division.</subsection></subsection><subsection number="53-3-223(7)"><subsection number="53-3-223(7)(a)">If, after a hearing, the division determines that a peace officer had reasonable grounds to believe that the individual was driving a motor vehicle in violation of Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref>, <xref depth="3" refnumber="41-6a-517">41-6a-517</xref>, <xref depth="3" refnumber="76-5-102.1">76-5-102.1</xref>, or <xref depth="3" refnumber="76-5-207">76-5-207</xref>, if the individual failed to appear before the division as required in the notice, or if a hearing is not requested under this section, the division shall:<subsection number="53-3-223(7)(a)(i)">if the individual is 21 years old or older at the time of arrest, suspend the individual's license or permit to operate a motor vehicle for a period of:<subsection number="53-3-223(7)(a)(i)(A)">120 days beginning on the 60th day after the date of arrest for a first suspension; or</subsection><subsection number="53-3-223(7)(a)(i)(B)">two years beginning on the 60th day after the date of arrest for a second or subsequent suspension for an offense that occurred within the previous 10 years; or</subsection></subsection><subsection number="53-3-223(7)(a)(ii)">if the individual is under 21 years old at the time of arrest:<subsection number="53-3-223(7)(a)(ii)(A)">suspend the individual's license or permit to operate a motor vehicle:<subsection number="53-3-223(7)(a)(ii)(A)(I)">for a period of six months, beginning on the 60th day after the date of arrest for a first suspension; or</subsection><subsection number="53-3-223(7)(a)(ii)(A)(II)">until the individual is 21 years old or for a period of two years, whichever is longer, beginning on the 60th day after the date of arrest for a second or subsequent suspension for an offense that occurred within the previous 10 years; or</subsection></subsection><subsection number="53-3-223(7)(a)(ii)(B)">deny the individual's application for a license or learner's permit:<subsection number="53-3-223(7)(a)(ii)(B)(I)">for a period of six months beginning on the 60th day after the date of the arrest for a first suspension, if the individual has not been issued an operator license; or</subsection><subsection number="53-3-223(7)(a)(ii)(B)(II)">until the individual is 21 years old or for a period of two years, whichever is longer, beginning on the 60th day after the date of arrest for a second or subsequent suspension for an offense that occurred within the previous 10 years.</subsection></subsection></subsection></subsection><subsection number="53-3-223(7)(b)"><subsection number="53-3-223(7)(b)(i)">Notwithstanding Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)(a)">(7)(a)(i)(A)</xref>, the division shall reinstate an individual's license before completion of the 120 day suspension period imposed under Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)(a)">(7)(a)(i)(A)</xref>:<subsection number="53-3-223(7)(b)(i)(A)">immediately upon receiving written verification of the individual's dismissal of a charge for a violation of Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref>, <xref depth="3" refnumber="41-6a-517">41-6a-517</xref>, <xref depth="3" refnumber="76-5-102.1">76-5-102.1</xref>, or <xref depth="3" refnumber="76-5-207">76-5-207</xref>, if the written verification is received before completion of the suspension period; or</subsection><subsection number="53-3-223(7)(b)(i)(B)">no sooner than 60 days beginning on the 60th day after the date of arrest upon receiving written verification of the individual's reduction of a charge for a violation of Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref>, <xref depth="3" refnumber="41-6a-517">41-6a-517</xref>, <xref depth="3" refnumber="76-5-102.1">76-5-102.1</xref>, or <xref depth="3" refnumber="76-5-207">76-5-207</xref>, if the written verification is received before completion of the suspension period.</subsection></subsection><subsection number="53-3-223(7)(b)(ii)">Notwithstanding Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)(a)">(7)(a)(i)(A)</xref>, the division shall reinstate an individual's license before completion of the 120-day suspension period imposed under Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)(a)">(7)(a)(i)(A)</xref> immediately upon receiving written verification of the individual's conviction of impaired driving under Section <xref depth="3" refnumber="41-6a-502.5">41-6a-502.5</xref> if:<subsection number="53-3-223(7)(b)(ii)(A)">the written verification is received before completion of the suspension period; and</subsection><subsection number="53-3-223(7)(b)(ii)(B)">the reporting court notifies the division that the defendant is participating in or has successfully completed the program of a driving under the influence court as defined in Section <xref depth="3" refnumber="41-6a-501">41-6a-501</xref>.</subsection></subsection><subsection number="53-3-223(7)(b)(iii)">If the division reinstates the individual's license as described in this Subsection <xref depth="4" refnumber="53-3-223(7)(b)">(7)(b)</xref>, the individual shall pay the license reinstatement application fees under Subsections <xref depth="4" refnumber="53-3-105(26)">53-3-105(26)</xref> and (27).</subsection><subsection number="53-3-223(7)(b)(iv)">The driver license reinstatements authorized under this Subsection <xref depth="4" refnumber="53-3-223(7)(b)">(7)(b)</xref> only apply to a 120-day suspension period imposed under Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)(a)">(7)(a)(i)(A)</xref>.</subsection></subsection></subsection><subsection number="53-3-223(8)"><subsection number="53-3-223(8)(a)"><subsection number="53-3-223(8)(a)(i)">The division shall assess against an individual, in addition to a fee imposed under Subsection <xref depth="4" refnumber="53-3-205(12)">53-3-205(12)</xref> for driving under the influence, a fee under Section <xref depth="3" refnumber="53-3-105">53-3-105</xref> to cover administrative costs, which shall be paid before the individual's driving privilege is reinstated. </subsection><subsection number="53-3-223(8)(a)(ii)"> The division shall void the fee described in Subsection <xref depth="4" refnumber="53-3-223(8)(a)(i)">(8)(a)(i)</xref> if the individual obtains an unappealed division hearing or court decision that the suspension was improper.</subsection></subsection><subsection number="53-3-223(8)(b)">An individual whose license has been suspended by the division under this section following an administrative hearing may file a petition for judicial review as described in Subsection <xref depth="3" refnumber="53-3-224">53-3-224</xref> within 30 days after the division issues an order of suspension.</subsection></subsection><subsection number="53-3-223(9)"><subsection number="53-3-223(9)(a)">Notwithstanding Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)">(7)(a)(i)</xref>, the division shall reinstate an individual's license before completion of the suspension period imposed under Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)">(7)(a)(i)</xref> if:<subsection number="53-3-223(9)(a)(i)"><subsection number="53-3-223(9)(a)(i)(A)">the reporting court notifies the division that the individual is participating in or has successfully completed a 24-7 sobriety program as defined in Section <xref depth="3" refnumber="41-6a-515.5">41-6a-515.5</xref>; or</subsection><subsection number="53-3-223(9)(a)(i)(B)">the reporting court notifies the division that the individual is participating in or has successfully completed a problem solving court program approved by the Judicial Council, including a driving under the influence court program or a drug court program, and has elected to become an interlock restricted driver as a condition of probation during the remainder of the individual's suspension period in accordance with Section <xref depth="3" refnumber="41-6a-518">41-6a-518</xref>; and</subsection></subsection><subsection number="53-3-223(9)(a)(ii)">the individual has a valid driving privilege, except for the suspension under Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)">(7)(a)(i)</xref>.</subsection></subsection><subsection number="53-3-223(9)(b)">If the division reinstates an individual's license as described in Subsection <xref depth="4" refnumber="53-3-223(9)(a)">(9)(a)</xref>, the individual shall pay the license reinstatement application fees under Subsections <xref depth="4" refnumber="53-3-105(26)">53-3-105(26)</xref> and (27).</subsection></subsection><subsection number="53-3-223(10)"><subsection number="53-3-223(10)(a)">If the division suspends an individual's license for an alcohol related offense under Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)(a)">(7)(a)(i)(A)</xref>, the individual may petition the division and elect to become an ignition interlock restricted driver if the individual:<subsection number="53-3-223(10)(a)(i)">has a valid driving privilege, with the exception of the suspension under Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)(a)">(7)(a)(i)(A)</xref>;</subsection><subsection number="53-3-223(10)(a)(ii)">installs an ignition interlock device in any vehicle owned or driven by the individual in accordance with Section <xref depth="3" refnumber="53-3-1007">53-3-1007</xref>; and</subsection><subsection number="53-3-223(10)(a)(iii)">pays the license reinstatement application fees described in Subsections <xref depth="4" refnumber="53-3-105(26)">53-3-105(26)</xref> and (27).</subsection></subsection><subsection number="53-3-223(10)(b)"><subsection number="53-3-223(10)(b)(i)">The individual shall remain an ignition interlock restricted driver for a period of 120 days from the original effective date of the suspension under Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)(a)">(7)(a)(i)(A)</xref>. </subsection><subsection number="53-3-223(10)(b)(ii)">If the individual removes an ignition interlock device from a vehicle owned or driven by the individual before the expiration of the 120-day ignition interlock restriction period and does not install a new ignition interlock device from the same or a different provider within 24 hours:<subsection number="53-3-223(10)(b)(ii)(A)">the division shall suspend the individual's driver license as described in Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)(a)">(7)(a)(i)(A)</xref> for the remainder of the 120-day ignition interlock restriction period;</subsection><subsection number="53-3-223(10)(b)(ii)(B)">the individual shall pay the license reinstatement application fee under Subsection <xref depth="4" refnumber="53-3-105(26)">53-3-105(26)</xref>; and</subsection><subsection number="53-3-223(10)(b)(ii)(C)">the individual may not elect to become an ignition interlock restricted driver under this section.</subsection></subsection></subsection><subsection number="53-3-223(10)(c)">If an individual elects to become an ignition interlock restricted driver under Subsection <xref depth="4" refnumber="53-3-223(10)(a)">(10)(a)</xref>, the provisions under Subsection <xref depth="4" refnumber="53-3-223(7)(b)">(7)(b)</xref> do not apply.</subsection></subsection><subsection number="53-3-223(11)"><subsection number="53-3-223(11)(a)">If the division suspends an individual's license for an alcohol related offense under Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)(b)">(7)(a)(i)(B)</xref>, the individual may petition the division and elect to become an ignition interlock restricted driver after the driver serves at least 90 days of the suspension if the individual:<subsection number="53-3-223(11)(a)(i)">was charged with a violation of Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref> that is a misdemeanor;</subsection><subsection number="53-3-223(11)(a)(ii)">has a valid driving privilege, with the exception of the suspension under Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)(b)">(7)(a)(i)(B)</xref>;</subsection><subsection number="53-3-223(11)(a)(iii)">installs an ignition interlock device in any vehicle owned or driven by the individual in accordance with Section <xref depth="3" refnumber="53-3-1007">53-3-1007</xref>; and</subsection><subsection number="53-3-223(11)(a)(iv)">pays the license reinstatement application fees described in Subsections <xref depth="4" refnumber="53-3-105(26)">53-3-105(26)</xref> and <xref depth="4" refnumber="53-3-223(27)">(27)</xref>.</subsection></subsection><subsection number="53-3-223(11)(b)"><subsection number="53-3-223(11)(b)(i)">The individual shall remain an ignition interlock restricted driver for a period of two years from the original effective date of the suspension under Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)(b)">(7)(a)(i)(B)</xref>.</subsection><subsection number="53-3-223(11)(b)(ii)">If the individual removes an ignition interlock device from a vehicle owned or driven by the individual before the expiration of the two-year ignition interlock restriction period and does not install a new ignition interlock device from the same or a different provider within 24 hours:<subsection number="53-3-223(11)(b)(ii)(A)">the division shall suspend the individual's driver license as described in Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)(b)">(7)(a)(i)(B)</xref> for the remainder of the two-year ignition interlock restriction period;</subsection><subsection number="53-3-223(11)(b)(ii)(B)">the individual shall pay the license reinstatement application fee under Subsection <xref depth="4" refnumber="53-3-105(26)">53-3-105(26)</xref>; and</subsection><subsection number="53-3-223(11)(b)(ii)(C)">the individual may not elect to become an ignition interlock restricted driver under this section.</subsection></subsection></subsection><subsection number="53-3-223(11)(c)">Notwithstanding Subsections <xref depth="4" refnumber="53-3-223(11)(a)">(11)(a)</xref> and <xref depth="4" refnumber="53-3-223(b)">(b)</xref>, if a court convicts the individual of the violation of Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref> that prompted the suspension under Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)(b)">(7)(a)(i)(B)</xref>, the division shall revoke the individual's license under Subsection <xref depth="4" refnumber="41-6a-509(1)(a)(ii)">41-6a-509(1)(a)(ii)</xref>, and the individual is no longer an ignition interlock restricted driver under this Subsection <xref depth="4" refnumber="53-3-223(11)">(11)</xref>.</subsection></subsection><subsection number="53-3-223(12)"><subsection number="53-3-223(12)(a)">Notwithstanding Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)(b)">(7)(a)(i)(B)</xref>, the division shall reinstate an individual's license before completion of the two-year suspension period imposed under Subsection <xref depth="4" refnumber="53-3-223(7)(a)(i)(b)">(7)(a)(i)(B)</xref> immediately upon receiving written verification of the individual's dismissal of a charge for a violation of Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref>, <xref depth="3" refnumber="41-6a-517">41-6a-517</xref>, <xref depth="3" refnumber="76-5-102.1">76-5-102.1</xref>, or <xref depth="3" refnumber="76-5-207">76-5-207</xref>, if the written verification is received before completion of the suspension period.</subsection><subsection number="53-3-223(12)(b)">If the individual elected to become an ignition interlock restricted driver under Subsection <xref depth="4" refnumber="53-3-223(11)">(11)</xref>, and the division receives written verification of the individual's dismissal of a charge for violation of Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref>, the driver is no longer an ignition interlock restricted driver under Subsection <xref depth="4" refnumber="53-3-223(11)(b)(i)">(11)(b)(i)</xref>, and the division shall reinstate the individual's license before the completion of the two-year ignition interlock restriction period under Subsection <xref depth="4" refnumber="53-3-223(11)(b)(i)">(11)(b)(i)</xref>.</subsection></subsection><subsection number="53-3-223(13)">A driver license reinstatement before completion of the suspension period authorized under this section does not apply to a CDL disqualification imposed under Section <xref depth="3" refnumber="53-3-414">53-3-414</xref>.</subsection></section><section number="53-3-223.5"><histories><history>Amended by Chapter <modchap sess="2023GS">520</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Telephonic or live audiovisual testimony at hearings.</catchline><subsection number="53-3-223.5(1)"> In any division hearing authorized under this chapter or <xref depth="2" refnumber="41-6a-5" start="0">Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving</xref>, the division may permit a party or witness to attend or to testify by telephone or live audiovisual means.</subsection><subsection number="53-3-223.5(2)"> Notwithstanding Subsections <xref depth="4" refnumber="41-6a-521(2)" start="0">41-6a-521(2)</xref>, <xref depth="4" refnumber="53-3-223(6)" start="0">53-3-223(6)</xref>, <xref depth="4" refnumber="53-3-231(6)(b)" start="0">53-3-231(6)(b)</xref>, and <xref depth="4" refnumber="53-3-518(9)(a)" start="0">53-3-518(9)(a)</xref>, if all parties and witnesses have requested to attend or testify by telephone or live audiovisual means, the division may hold the hearing in a county designated by the division.</subsection></section><section number="53-3-224"><histories><history>Amended by Chapter <modchap sess="2007GS">261</modchap>, 2007 General Session</history><modyear>2007</modyear></histories><catchline>Filing a petition for hearing -- Judicial review of license cancellation, revocation, or suspension -- Scope of review.</catchline><subsection number="53-3-224(1)"> A person denied a license or whose license has been cancelled, suspended, or revoked by the division following an administrative hearing may seek judicial review of the division's order.</subsection><subsection number="53-3-224(2)"><subsection number="53-3-224(2)(a)"> Venue for judicial review of informal adjudicative proceedings is in the district court in the county where the offense occurred, which resulted in the cancellation, suspension, or revocation.</subsection><subsection number="53-3-224(2)(b)"> Persons not residing in the state shall file in Salt Lake County or the county where the offense occurred, which resulted in the cancellation, suspension, or revocation.</subsection></subsection></section><section number="53-3-225"><histories><history>Amended by Chapter <modchap sess="2010GS">324</modchap>, 2010 General Session</history><modyear>2010</modyear></histories><catchline>Eligibility for new license after revocation.</catchline><subsection number="53-3-225(1)"><subsection number="53-3-225(1)(a)"> Except as provided in Subsections <xref depth="4" refid="C53-3-S225_1800010118000101" refnumber="53-3-225(1)(b)" start="0">(1)(b)</xref> and <xref depth="4" refid="C53-3-S225_1800010118000101" refnumber="53-3-225(1)(c)" start="0">(c)</xref>, a person whose license has been revoked under this chapter may not apply for or receive any new license until the expiration of one year from the date the former license was revoked.</subsection><subsection number="53-3-225(1)(b)"> A person's license may be revoked for a longer period as provided in:<subsection number="53-3-225(1)(b)(i)"> Section <xref depth="3" refid="C53-3-S220_1800010118000101" refnumber="53-3-220" start="0">53-3-220</xref>, for driving a motor vehicle while the person's license is revoked, or involvement as a driver in an accident or violation of the motor vehicle laws; and</subsection><subsection number="53-3-225(1)(b)(ii)"> Section <xref depth="3" refid="C53-3-S221_1800010118000101" refnumber="53-3-221" start="0">53-3-221</xref>, for failing to comply with the terms of a traffic citation.</subsection></subsection><subsection number="53-3-225(1)(c)"><subsection number="53-3-225(1)(c)(i)"> The length of the revocation required by Subsection <xref depth="4" refid="C53-3-S220_1800010118000101" refnumber="53-3-220(1)(a)(xi)" start="0">53-3-220(1)(a)(xi)</xref>, <xref depth="4" refid="C53-3-S220_1800010118000101" refnumber="53-3-220(1)(a)(xii)" start="0">(a)(xii)</xref>, <xref depth="4" refid="C53-3-S220_1800010118000101" refnumber="53-3-220(1)(b)(i)" start="0">(b)(i)</xref>, or <xref depth="4" refid="C53-3-S220_1800010118000101" refnumber="53-3-220(1)(b)(ii)" start="0">(b)(ii)</xref> shall be specified in an order of the court adjudicating or convicting the person of the offense.</subsection><subsection number="53-3-225(1)(c)(ii)"> If the person adjudicated of the offense is younger than 16 years of age, the license or driving privilege shall be revoked for a minimum of one year, from age 16, but not to exceed the date the person turns 21 years of age.</subsection><subsection number="53-3-225(1)(c)(iii)"> If the person adjudicated or convicted of the offense is 16 years of age or older, the license or driving privilege shall be revoked for a minimum of one year, but not to exceed five years.</subsection></subsection><subsection number="53-3-225(1)(d)"> A revoked license may not be renewed.</subsection><subsection number="53-3-225(1)(e)"> Application for a new license shall be filed in accordance with Section <xref depth="3" refid="C53-3-S205_1800010118000101" refnumber="53-3-205" start="0">53-3-205</xref>.</subsection><subsection number="53-3-225(1)(f)"> The new license is subject to all provisions of an original license.</subsection><subsection number="53-3-225(1)(g)"> The division may not grant the license until an investigation of the character, driving abilities, and habits of the driver has been made to indicate whether it is safe to grant him a license.</subsection></subsection><subsection number="53-3-225(2)"> Any resident or nonresident whose license to drive a motor vehicle in this state has been suspended or revoked under this chapter may not drive a motor vehicle in this state under a license, permit, or registration certificate issued by any other jurisdiction or other source during suspension or after revocation until a new license is obtained under this chapter.</subsection></section><section number="53-3-226"><histories><history>Amended by Chapter <modchap sess="2005GS">2</modchap>, 2005 General Session</history><modyear>2005</modyear></histories><catchline>Grounds for confiscation of licenses, plates, and other articles issued by state.</catchline><subsection number="53-3-226(1)"> The division or a peace officer acting in his official capacity may take possession of any certificate of title, registration card, decal, permit, license certificate, permit, registration plate, or any other article issued by the state: <subsection number="53-3-226(1)(a)"> that is fictitious or altered;</subsection><subsection number="53-3-226(1)(b)"> that has been unlawfully or erroneously issued;</subsection><subsection number="53-3-226(1)(c)"> that is unlawfully or erroneously displayed; or</subsection><subsection number="53-3-226(1)(d)"> as required under Section <xref depth="3" refid="C41-6a-S520_1800010118000101" refnumber="41-6a-520" start="0">41-6a-520</xref>, <xref depth="3" refid="C53-3-S223_1800010118000101" refnumber="53-3-223" start="0">53-3-223</xref>, <xref depth="3" refid="C53-3-S231_1800010118000101" refnumber="53-3-231" start="0">53-3-231</xref>, or <xref depth="3" refid="C53-3-S418_1800010118000101" refnumber="53-3-418" start="0">53-3-418</xref>.</subsection></subsection><subsection number="53-3-226(2)"> A receipt shall be issued that describes each confiscated item.</subsection></section><section number="53-3-227"><histories><history>Amended by Chapter <modchap sess="2023GS">415</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Driving a motor vehicle prohibited while driving privilege denied, suspended, disqualified, or revoked -- Penalties.</catchline><subsection number="53-3-227(1)"> A person whose driving privilege has been denied, suspended, disqualified, or revoked under this chapter or under the laws of the state in which the person's driving privilege was granted and who drives any motor vehicle upon the highways of this state while that driving privilege is denied, suspended, disqualified, or revoked shall be punished as provided in this section.</subsection><subsection number="53-3-227(2)"> A person convicted of a violation of Subsection <xref depth="4" refnumber="53-3-227(1)" start="0">(1)</xref>, other than a violation specified in Subsection <xref depth="4" refnumber="53-3-227(3)" start="0">(3)</xref>, is guilty of a class C misdemeanor.</subsection><subsection number="53-3-227(3)"><subsection number="53-3-227(3)(a)"> A person is guilty of a class B misdemeanor if the person's conviction under Subsection <xref depth="4" refnumber="53-3-227(1)" start="0">(1)</xref> is based on the person driving a motor vehicle while the person's driving privilege is suspended, disqualified, or revoked for:<subsection number="53-3-227(3)(a)(i)"> a refusal to submit to a chemical test under Section <xref depth="3" refnumber="41-6a-520" start="0">41-6a-520</xref>;</subsection><subsection number="53-3-227(3)(a)(ii)"> a violation of Section <xref depth="3" refnumber="41-6a-520.1" start="0">41-6a-520.1</xref>;</subsection><subsection number="53-3-227(3)(a)(iii)"> a violation of Section <xref depth="3" refnumber="41-6a-502" start="0">41-6a-502</xref>;</subsection><subsection number="53-3-227(3)(a)(iv)"> a violation of a local ordinance that complies with the requirements of Section <xref depth="3" refnumber="41-6a-510" start="0">41-6a-510</xref>;</subsection><subsection number="53-3-227(3)(a)(v)"> a violation of Section <xref depth="3" refnumber="41-6a-517" start="0">41-6a-517</xref>;</subsection><subsection number="53-3-227(3)(a)(vi)"> a violation of Section <xref depth="3" refnumber="76-5-207" start="0">76-5-207</xref>;</subsection><subsection number="53-3-227(3)(a)(vii)"> a criminal action that the person plead guilty to as a result of a plea bargain after having been originally charged with violating one or more of the sections or ordinances under this Subsection <xref depth="4" refnumber="53-3-227(3)" start="0">(3)</xref>;</subsection><subsection number="53-3-227(3)(a)(viii)"> a revocation or suspension which has been extended under Subsection <xref depth="4" refnumber="53-3-220(2)" start="0">53-3-220(2)</xref>;</subsection><subsection number="53-3-227(3)(a)(ix)"> where disqualification is the result of driving a commercial motor vehicle while the person's CDL is disqualified, suspended, canceled, or revoked under Subsection <xref depth="4" refnumber="53-3-414(1)" start="0">53-3-414(1)</xref>; or</subsection><subsection number="53-3-227(3)(a)(x)"> a violation of Section <xref depth="3" refnumber="41-6a-530" start="0">41-6a-530</xref>.</subsection></subsection><subsection number="53-3-227(3)(b)"> A person is guilty of a class B misdemeanor if the person's conviction under Subsection <xref depth="4" refnumber="53-3-227(1)" start="0">(1)</xref> is based on the person driving a motor vehicle while the person's driving privilege is suspended, disqualified, or revoked by any state, the United States, or any district, possession, or territory of the United States for violations corresponding to the violations listed in Subsection <xref depth="4" refnumber="53-3-227(3)(a)" start="0">(3)(a)</xref>.</subsection><subsection number="53-3-227(3)(c)"> A fine imposed under this Subsection <xref depth="4" refnumber="53-3-227(3)" start="0">(3)</xref> shall be at least the maximum fine for a class C misdemeanor under Section <xref depth="3" refnumber="76-3-301" start="0">76-3-301</xref>.</subsection></subsection></section><section number="53-3-229"><histories><history>Amended by Chapter <modchap sess="2025GS">173</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Prohibited uses of license certificate -- Penalty.</catchline><subsection number="53-3-229(1)">It is a class C misdemeanor for an individual to:<subsection number="53-3-229(1)(a)">lend or knowingly permit the use of a license certificate issued to the individual, by another individual not entitled to the license certificate;</subsection><subsection number="53-3-229(1)(b)">display or represent as the individual's own license certificate a license certificate not issued to the individual;</subsection><subsection number="53-3-229(1)(c)">refuse to surrender to the division or a peace officer upon demand any license certificate issued by the division;</subsection><subsection number="53-3-229(1)(d)">use a false name or give a false address in any application for a license or any renewal or duplicate of the license certificate, or to knowingly make a false statement, or to knowingly conceal a material fact or otherwise commit a fraud in the application;</subsection><subsection number="53-3-229(1)(e)">display a canceled, denied, revoked, suspended, or disqualified driver license certificate as a valid driver license certificate;</subsection><subsection number="53-3-229(1)(f)">knowingly acquire, use, display, or transfer an item that purports to be an authentic driver license certificate issued by a governmental entity if the item is not an authentic driver license certificate issued by that governmental entity; or</subsection><subsection number="53-3-229(1)(g)">alter any information on an authentic driver license certificate so that it no longer represents the information originally displayed.</subsection></subsection><subsection number="53-3-229(2)">The provisions of Subsection <xref depth="4" refnumber="53-3-229(1)(e)" start="0">(1)(e)</xref> do not prohibit the use of an individual's driver license certificate as a means of personal identification.</subsection><subsection number="53-3-229(3)">It is a class A misdemeanor to knowingly:<subsection number="53-3-229(3)(a)">issue a driver license certificate with false or fraudulent information;</subsection><subsection number="53-3-229(3)(b)">issue a driver license certificate to an individual who is younger than 21 years old if the driver license certificate is not distinguished as required for an individual who is younger than 21 years old under Section <xref depth="3" refnumber="53-3-207" start="0">53-3-207</xref>; or</subsection><subsection number="53-3-229(3)(c)">acquire, use, display, or transfer a false or altered driver license certificate to procure a tobacco product, an electronic cigarette product, or a nicotine product as those terms are defined in Section <xref depth="3" refnumber="76-9-1101">76-9-1101</xref>.</subsection></subsection><subsection number="53-3-229(4)">An individual may not use, display, or transfer a false or altered driver license certificate to procure alcoholic beverages, gain admittance to a place where alcoholic beverages are sold or consumed, or obtain employment that may not be obtained by a minor in violation of Section <xref depth="3" refnumber="32B-1-403" start="0">32B-1-403</xref>.</subsection><subsection number="53-3-229(5)">It is a third degree felony if an individual's acquisition, use, display, or transfer of a false or altered driver license certificate:<subsection number="53-3-229(5)(a)">aids or furthers the individual's efforts to fraudulently obtain goods or services; or</subsection><subsection number="53-3-229(5)(b)">aids or furthers the individual's efforts to commit a violent felony.</subsection></subsection></section><section number="53-3-231"><histories><history>Amended by Chapter <modchap sess="2026GS">337</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Person under 21 may not operate a vehicle or motorboat with detectable alcohol in body -- Chemical test procedures -- Temporary license -- Hearing and decision -- Suspension of license or operating privilege -- Fees -- Judicial review -- Referral to local substance abuse authority or program.</catchline><subsection number="53-3-231(1)"><subsection number="53-3-231(1)(a)">As used in this section:<subsection number="53-3-231(1)(a)(i)">"Local substance abuse authority" means the same as that term is defined in Section <xref depth="3" refnumber="62A-15-102" start="0">62A-15-102</xref>.</subsection><subsection number="53-3-231(1)(a)(ii)">"Substance abuse program" means a substance abuse program licensed by the Department of Human Services or the Department of Health and approved by the local substance abuse authority.</subsection></subsection><subsection number="53-3-231(1)(b)">Calculations of blood, breath, or urine alcohol concentration under this section shall be made in accordance with Subsection <xref depth="4" refnumber="41-6a-502(1)" start="0">41-6a-502(1)</xref>.</subsection></subsection><subsection number="53-3-231(2)"><subsection number="53-3-231(2)(a)">An individual younger than 21 years old may not operate or be in actual physical control of a vehicle or motorboat with any measurable blood, breath, or urine alcohol concentration in the individual's body as shown by a chemical test.</subsection><subsection number="53-3-231(2)(b)">An individual who violates Subsection <xref depth="4" refnumber="53-3-231(2)(a)" start="0">(2)(a)</xref>, in addition to any other applicable penalties arising out of the incident, shall have the individual's operator license denied or suspended as provided in Subsection <xref depth="4" refnumber="53-3-231(7)" start="0">(7)</xref>.</subsection></subsection><subsection number="53-3-231(3)"><subsection number="53-3-231(3)(a)">When a peace officer has reasonable grounds to believe that an individual may be violating or has violated Subsection <xref depth="4" refnumber="53-3-231(2)" start="0">(2)</xref>, the peace officer may, when arresting the individual for a violation of Section <xref depth="3" refnumber="32B-4-409" start="0">32B-4-409</xref>, request that the individual submit to a chemical test or tests to be administered in compliance with Section <xref depth="3" refnumber="41-6a-520" start="0">41-6a-520</xref>.</subsection><subsection number="53-3-231(3)(b)">The peace officer shall advise an individual before the individual's submission to a chemical test that a test result indicating a violation of Subsection <xref depth="4" refnumber="53-3-231(2)(a)" start="0">(2)(a)</xref> will result in denial or suspension of the individual's license to operate a motor vehicle or a refusal to issue a license.</subsection><subsection number="53-3-231(3)(c)">If the individual submits to a chemical test and the test results show a blood, breath, or urine alcohol content in violation of Subsection <xref depth="4" refnumber="53-3-231(2)(a)" start="0">(2)(a)</xref>, or if a peace officer determines, based on reasonable grounds, that the individual is otherwise in violation of Subsection <xref depth="4" refnumber="53-3-231(2)(a)" start="0">(2)(a)</xref>, a peace officer shall, on behalf of the division and within 24 hours of the arrest, give notice of the division's intention to deny or suspend the individual's license to operate a vehicle or refusal to issue a license under this section.</subsection></subsection><subsection number="53-3-231(4)">When a peace officer gives notice on behalf of the division, the peace officer shall supply to the operator, in a manner specified by the division, basic information regarding how to obtain a prompt hearing before the division.</subsection><subsection number="53-3-231(5)">As a matter of procedure, a peace officer shall send to the division within 10 calendar days after the day on which the peace officer provides notice:<subsection number="53-3-231(5)(a)">a copy of the citation issued for the offense;</subsection><subsection number="53-3-231(5)(b)">a signed report in a manner specified by the division showing the chemical test results, if any; and</subsection><subsection number="53-3-231(5)(c)">any other basis for a peace officer's determination that the individual has violated Subsection <xref depth="4" refnumber="53-3-231(2)" start="0">(2)</xref>.</subsection></subsection><subsection number="53-3-231(6)"><subsection number="53-3-231(6)(a)"><subsection number="53-3-231(6)(a)(i)">Upon request by an individual, in a manner specified by the division, the division shall grant to the individual an opportunity to be heard within 45 days after the date of arrest under Section <xref depth="3" refnumber="32B-4-409" start="0">32B-4-409</xref>.</subsection><subsection number="53-3-231(6)(a)(ii)">The individual shall request a hearing described in Subsection <xref depth="4" refnumber="53-3-231(6)(a)(i)">(6)(a)(i)</xref> within 10 calendar days after the day on which the peace officer provides notice.</subsection></subsection><subsection number="53-3-231(6)(b)"><subsection number="53-3-231(6)(b)(i)">Except as provided in Subsection <xref depth="4" refnumber="53-3-231(6)(b)(ii)" start="0">(6)(b)(ii)</xref>, if the division holds a hearing, the division shall hold the hearing in:<subsection number="53-3-231(6)(b)(i)(A)">the county in which the arrest occurred; or</subsection><subsection number="53-3-231(6)(b)(i)(B)">a county that is adjacent to the county in which the arrest occurred.</subsection></subsection><subsection number="53-3-231(6)(b)(ii)">The division may hold a hearing in another county if the division and the individual both agree.</subsection></subsection><subsection number="53-3-231(6)(c)">The division shall document the hearing and shall cover the issues of:<subsection number="53-3-231(6)(c)(i)">whether a peace officer had reasonable grounds to believe the individual was operating a motor vehicle or motorboat in violation of Subsection <xref depth="4" refnumber="53-3-231(2)(a)" start="0">(2)(a)</xref>;</subsection><subsection number="53-3-231(6)(c)(ii)">whether the individual refused to submit to a test; and</subsection><subsection number="53-3-231(6)(c)(iii)">the test results, if any.</subsection></subsection><subsection number="53-3-231(6)(d)">In connection with a hearing, the division or the division's authorized agent may: <subsection number="53-3-231(6)(d)(i)">administer oaths and issue subpoenas for the attendance of witnesses and the production of relevant documents; and</subsection><subsection number="53-3-231(6)(d)(ii)">issue subpoenas for the attendance of necessary peace officers.</subsection></subsection><subsection number="53-3-231(6)(e)">One or more members of the division may conduct the hearing.</subsection><subsection number="53-3-231(6)(f)">After a hearing, a determination made by an authorized agent is valid and binding as if made by the division.</subsection></subsection><subsection number="53-3-231(7)">If, after a hearing, the division determines that a peace officer had reasonable grounds to believe that the individual was driving a motor vehicle in violation of Subsection <xref depth="4" refnumber="53-3-231(2)(a)" start="0">(2)(a)</xref>, if the individual fails to appear before the division as required in the notice, or if the individual does not request a hearing under this section, the division shall for an individual under 21 years old on the date of arrest:<subsection number="53-3-231(7)(a)">deny the individual's license until the individual complies with Subsection <xref depth="4" refnumber="53-3-231(10)(b)(i)" start="0">(10)(b)(i)</xref> but for a period of not less than six months beginning on the 60th day after the date of arrest for a first offense under Subsection <xref depth="4" refnumber="53-3-231(2)(a)" start="0">(2)(a)</xref>;</subsection><subsection number="53-3-231(7)(b)">suspend the individual's license until the individual complies with Subsection <xref depth="4" refnumber="53-3-231(10)(b)(i)" start="0">(10)(b)(i)</xref> and until the individual is 21 years old or for a period of two years, whichever is longer, beginning on the 60th day after the date of arrest for a second or subsequent offense under Subsection <xref depth="4" refnumber="53-3-231(2)(a)" start="0">(2)(a)</xref> within 10 years of a prior denial or suspension;</subsection><subsection number="53-3-231(7)(c)">deny the individual's application for a license or learner's permit until the individual complies with Subsection <xref depth="4" refnumber="53-3-231(10)(b)(i)" start="0">(10)(b)(i)</xref> but for a period of not less than six months beginning on the 60th day after the date of the arrest, if:<subsection number="53-3-231(7)(c)(i)">the individual has not been issued an operator license; and</subsection><subsection number="53-3-231(7)(c)(ii)">the suspension is for a first offense under Subsection <xref depth="4" refnumber="53-3-231(2)(a)" start="0">(2)(a)</xref>; and</subsection></subsection><subsection number="53-3-231(7)(d)">deny the individual's application for a license or learner's permit until the individual complies with Subsection <xref depth="4" refnumber="53-3-231(10)(b)(i)" start="0">(10)(b)(i)</xref> and until the individual is 21 years old or for a period of two years, whichever is longer, beginning on the 60th day after the date of the arrest, if:<subsection number="53-3-231(7)(d)(i)">the individual has not been issued an operator license; and</subsection><subsection number="53-3-231(7)(d)(ii)">the suspension is for a second or subsequent offense under Subsection <xref depth="4" refnumber="53-3-231(2)(a)" start="0">(2)(a)</xref> committed within 10 years of a prior denial or suspension.</subsection></subsection></subsection><subsection number="53-3-231(8)"><subsection number="53-3-231(8)(a)"><subsection number="53-3-231(8)(a)(i)">Following denial or suspension the division shall assess against an individual, in addition to any fee imposed under Subsection <xref depth="4" refnumber="53-3-205(12)" start="0">53-3-205(12)</xref>, a fee under Section <xref depth="3" refnumber="53-3-105" start="0">53-3-105</xref>, which shall be paid before the person's driving privilege is reinstated, to cover administrative costs.</subsection><subsection number="53-3-231(8)(a)(ii)">The division shall void the fee described in Subsection <xref depth="4" refnumber="53-3-231(8)(a)(i)">(8)(a)(i)</xref> if the individual obtains an unappealed division hearing or court decision that the suspension was improper.</subsection></subsection><subsection number="53-3-231(8)(b)">An individual whose operator license has been denied, suspended, or postponed by the division under this section following an administrative hearing may file a petition for judicial review as described in Section <xref depth="3" refnumber="53-3-224">53-3-224</xref> within 30 days after the day on which the division issues a suspension order.</subsection></subsection><subsection number="53-3-231(9)">After reinstatement of an operator license for a first offense under this section, a report authorized under Section <xref depth="3" refnumber="53-3-104" start="0">53-3-104</xref> may not contain evidence of the denial or suspension of the individual's operator license under this section if the individual has not been convicted of any other offense for which the denial or suspension may be extended.</subsection><subsection number="53-3-231(10)"><subsection number="53-3-231(10)(a)">In addition to the penalties in Subsection <xref depth="4" refnumber="53-3-231(8)" start="0">(8)</xref>, an individual who violates Subsection <xref depth="4" refnumber="53-3-231(2)(a)" start="0">(2)(a)</xref> shall:<subsection number="53-3-231(10)(a)(i)">obtain an assessment and recommendation for appropriate action from a substance abuse program, but any associated costs shall be the individual's responsibility; or</subsection><subsection number="53-3-231(10)(a)(ii)">be referred by the division to the local substance abuse authority for an assessment and recommendation for appropriate action.</subsection></subsection><subsection number="53-3-231(10)(b)"><subsection number="53-3-231(10)(b)(i)">Reinstatement of the individual's operator license or the right to obtain an operator license within five years of the effective date of the license sanction under Subsection <xref depth="4" refnumber="53-3-231(7)" start="0">(7)</xref> is contingent upon successful completion of the action recommended by the local substance abuse authority or the substance abuse program.</subsection><subsection number="53-3-231(10)(b)(ii)">The local substance abuse authority's or the substance abuse program's recommended action shall be determined by an assessment of the individual's alcohol abuse and may include:<subsection number="53-3-231(10)(b)(ii)(A)">a targeted education and prevention program;</subsection><subsection number="53-3-231(10)(b)(ii)(B)">an early intervention program; or</subsection><subsection number="53-3-231(10)(b)(ii)(C)">a substance abuse treatment program.</subsection></subsection><subsection number="53-3-231(10)(b)(iii)">Successful completion of the recommended action shall be determined by standards established by the Division of Substance Abuse and Mental Health.</subsection></subsection><subsection number="53-3-231(10)(c)">At the conclusion of the penalty period imposed under Subsection <xref depth="4" refnumber="53-3-231(2)" start="0">(2)</xref>, the local substance abuse authority or the substance abuse program shall notify the division of the individual's status regarding completion of the recommended action.</subsection><subsection number="53-3-231(10)(d)">The local substance abuse authorities and the substance abuse programs shall cooperate with the division in:<subsection number="53-3-231(10)(d)(i)">conducting the assessments;</subsection><subsection number="53-3-231(10)(d)(ii)">making appropriate recommendations for action; and</subsection><subsection number="53-3-231(10)(d)(iii)">notifying the division about the individual's status regarding completion of the recommended action.</subsection></subsection><subsection number="53-3-231(10)(e)"><subsection number="53-3-231(10)(e)(i)">The local substance abuse authority is responsible for the cost of the assessment of the individual's alcohol abuse, if the assessment is conducted by the local substance abuse authority.</subsection><subsection number="53-3-231(10)(e)(ii)">The local substance abuse authority or a substance abuse program selected by an individual is responsible for:<subsection number="53-3-231(10)(e)(ii)(A)">conducting an assessment of the individual's alcohol abuse; and</subsection><subsection number="53-3-231(10)(e)(ii)(B)">for making a referral to an appropriate program on the basis of the findings of the assessment.</subsection></subsection><subsection number="53-3-231(10)(e)(iii)"><subsection number="53-3-231(10)(e)(iii)(A)">The individual who violated Subsection <xref depth="4" refnumber="53-3-231(2)(a)" start="0">(2)(a)</xref> is responsible for all costs and fees associated with the recommended program to which the individual selected or is referred.</subsection><subsection number="53-3-231(10)(e)(iii)(B)">The costs and fees under Subsection <xref depth="4" refnumber="53-3-231(10)(e)(iii)(A)" start="0">(10)(e)(iii)(A)</xref> shall be based on a sliding scale consistent with the local substance abuse authority's policies and practices regarding fees for services or determined by the substance abuse program.</subsection></subsection></subsection></subsection></section><section number="53-3-234"><histories><history>Enacted by Chapter <modchap sess="2001GS">125</modchap>, 2001 General Session</history><modyear>2001</modyear></histories><catchline>Driver license application -- Selective Service Registration -- Statement.</catchline><subsection number="53-3-234(1)"> The following information for each male United States citizen or immigrant under the age of 26 shall be electronically transmitted by the division to the Selective Service System: <subsection number="53-3-234(1)(a)"> name;</subsection><subsection number="53-3-234(1)(b)"> address;</subsection><subsection number="53-3-234(1)(c)"> Social Security number; and</subsection><subsection number="53-3-234(1)(d)"> date of birth.</subsection></subsection><subsection number="53-3-234(2)"> Each application for any type of license to operate a motor vehicle in this state shall contain the following statement which must be acknowledged by the applicant:<eol/><format><tab/>"By submitting this application, I am consenting to registration with the Selective Service System, if required by federal law."</format></subsection><subsection number="53-3-234(3)"> Refusal to consent to the release of information to the Selective Service System shall result in the denial of the license.</subsection></section><section number="53-3-235"><histories><history>Amended by Chapter <modchap sess="2020GS">262</modchap>, 2020 General Session</history><modyear>2020</modyear></histories><catchline>Electronic license certificate or identification card.</catchline><subsection number="53-3-235(1)"><subsection number="53-3-235(1)(a)"> On or before January 1, 2021, the division shall establish a pilot program for a process and system for an individual to obtain an electronic license certificate or identification card.</subsection><subsection number="53-3-235(1)(b)"> Based on information and results from the pilot program described in Subsection <xref depth="4" refnumber="53-3-235(1)(a)" start="0">(1)(a)</xref>, on or before January 1, 2022, the division shall establish a process and system for an individual to obtain an electronic license certificate or identification card.</subsection></subsection><subsection number="53-3-235(2)"> In order to contract with a vendor to establish a process and system to issue an electronic license certificate or identification card, the division shall issue a standard procurement process in accordance with <xref depth="1" refnumber="63G-6a" start="0">Title 63G, Chapter 6a, Utah Procurement Code</xref>.</subsection><subsection number="53-3-235(3)"> In accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, the division may make rules necessary to facilitate the implementation, coordination, and administration of electronic license certificates and identification cards.</subsection></section><section number="53-3-236"><histories><history>Amended by Chapter <modchap sess="2026GS">46</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Interdicted person identifier -- License notation.</catchline><subsection number="53-3-236(1)">If the division receives a notification from a court as provided in Section <xref depth="3" refnumber="41-6a-505">41-6a-505</xref>, <xref depth="3" refnumber="41-6a-509">41-6a-509</xref>, <xref depth="3" refnumber="76-5-102.1">76-5-102.1</xref>, or <xref depth="3" refnumber="76-5-207">76-5-207</xref>, that an individual is an interdicted person, the division:<subsection number="53-3-236(1)(a)"><subsection number="53-3-236(1)(a)(i)">may accept an application from the individual for a duplicate license that includes an interdicted person identifier; and</subsection><subsection number="53-3-236(1)(a)(ii)">if the individual submits an application and qualifies for a license certificate, may provide a license certificate with the interdicted person identifier; or</subsection></subsection><subsection number="53-3-236(1)(b)"><subsection number="53-3-236(1)(b)(i)">may accept an application from the individual for a renewal of a license or an original license with an interdicted person identifier; and</subsection><subsection number="53-3-236(1)(b)(ii)">if the individual submits an application and qualifies for a license certificate, may provide a license certificate with an interdicted person identifier.</subsection></subsection></subsection><subsection number="53-3-236(2)">The division may not provide to an individual a license certificate without the interdicted person identifier during the time period the court has designated the person as an interdicted person.</subsection><subsection number="53-3-236(3)"><subsection number="53-3-236(3)(a)">An individual may voluntarily apply for a duplicate license, original license, or renewal of a license that includes an interdicted person identifier.</subsection><subsection number="53-3-236(3)(b)">An individual who voluntarily applies for a duplicate license, original license, or renewal of a license with an interdicted person identifier may not apply for another duplicate license, original license, or renewal of a license without the interdicted person identifier for at least 30 days after the application for the license certificate with the interdicted person identifier.</subsection><subsection number="53-3-236(3)(c)">An individual who voluntarily applies for a duplicate license, original license, or renewal of a license with an interdicted person identifier is not required to pay the fee described in Subsection <xref depth="4" refnumber="53-3-236(5)">(5)</xref>.</subsection></subsection><subsection number="53-3-236(4)">An individual may not hold a license certificate with an interdicted person identifier while also holding another license certificate.</subsection><subsection number="53-3-236(5)">Subject to Subsection <xref depth="4" refnumber="53-3-236(3)(c)">(3)(c)</xref>, the division may charge an administrative fee as described in Subsection <xref refnumber="53-3-105(40)" depth="4">53-3-105(40)</xref> to an individual to process and provide a license certificate with an interdicted person identifier.</subsection><subsection number="53-3-236(6)">An individual who is designated as an interdicted person by a court is subject to the duplicate license fee and other fees necessary to administer the license certificate with the interdicted person identifier.</subsection></section><section number="53-3-237"><effdate>1/1/2027</effdate><histories><history>Enacted by Chapter <modchap sess="2026GS">443</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Driver license notation of tribal membership.</catchline><subsection number="53-3-237(1)">As used in this section:<subsection number="53-3-237(1)(a)">"Bureau of Indian Affairs affidavit of birth" or "tribal affidavit of birth" means an affidavit of birth issued by the United States Bureau of Indian Affairs that includes:<subsection number="53-3-237(1)(a)(i)">the individual's name;</subsection><subsection number="53-3-237(1)(a)(ii)">the individual's date of birth; and</subsection><subsection number="53-3-237(1)(a)(iii)">other identifying information.</subsection></subsection><subsection number="53-3-237(1)(b)">"Enhanced tribal card" means a tribal identification card that:<subsection number="53-3-237(1)(b)(i)">is issued by a federally recognized Indian tribe;</subsection><subsection number="53-3-237(1)(b)(ii)">meets the requirements established by the United States Department of Homeland Security for use as an acceptable document to denote identity and citizenship; and</subsection><subsection number="53-3-237(1)(b)(iii)">includes enhanced security features.</subsection></subsection><subsection number="53-3-237(1)(c)">"Federally recognized Indian tribe" means an Indian tribe recognized and included on the list required by 25 U.S.C. Sec. 5131.</subsection><subsection number="53-3-237(1)(d)">"Tribal certificate of Indian blood" means a certificate issued by the United States Bureau of Indian Affairs that:<subsection number="53-3-237(1)(d)(i)">certifies the degree of Indian blood of an individual; and</subsection><subsection number="53-3-237(1)(d)(ii)">verifies the individual's enrollment or eligibility for enrollment in a federally recognized Indian tribe.</subsection></subsection><subsection number="53-3-237(1)(e)">"Tribal identification card" means an identification card issued by a federally recognized Indian tribe that includes:<subsection number="53-3-237(1)(e)(i)">the individual's name;</subsection><subsection number="53-3-237(1)(e)(ii)">the individual's date of birth;</subsection><subsection number="53-3-237(1)(e)(iii)">a photograph of the individual; and</subsection><subsection number="53-3-237(1)(e)(iv)">the name of the issuing tribe.</subsection></subsection></subsection><subsection number="53-3-237(2)">An applicant may, as part of the application process described in Section <xref depth="3" refnumber="53-3-205">53-3-205</xref> or <xref depth="3" refnumber="53-3-804">53-3-804</xref>, request a notation on the applicant's individual license certificate or identification card indicating that the individual is an enrolled member of a federally recognized Indian tribe.</subsection><subsection number="53-3-237(3)">The division shall accept the following as satisfactory proof that the applicant is an enrolled member of a federally recognized Indian tribe:<subsection number="53-3-237(3)(a)">an enhanced tribal card;</subsection><subsection number="53-3-237(3)(b)">a tribal identification card;</subsection><subsection number="53-3-237(3)(c)">a tribal certificate of Indian blood; or</subsection><subsection number="53-3-237(3)(d)">a tribal or Bureau of Indian Affairs affidavit of birth.</subsection></subsection><subsection number="53-3-237(4)"><subsection number="53-3-237(4)(a)">If the applicant provides satisfactory proof as described in Subsection <xref depth="4" refnumber="53-3-237(3)">(3)</xref>, the division shall include on the individual's license certificate or identification card a notation of "Federally Recognized Tribal Member."</subsection><subsection number="53-3-237(4)(b)">The notation may not identify a specific Indian tribe or other specific personal information that is submitted on the documents that provide satisfactory proof that the person is an enrolled member of a federally recognized Indian tribe.</subsection></subsection></section></part><part number="53-3-3"><catchline>Impaired Persons Licensing Act</catchline><section number="53-3-301"><histories><history>Enacted by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Short title.</catchline><tab/>This part is known as the "Impaired Persons Licensing Act." </section><section number="53-3-302"><histories><history>Enacted by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="53-3-302(1)"> "Board" means the Driver License Medical Advisory Board created in Section <xref depth="3" refid="C53-3-S303_1800010118000101" refnumber="53-3-303" start="0">53-3-303</xref>.</subsection><subsection number="53-3-302(2)"> "Health care professional" means a physician or surgeon licensed to practice medicine in the state, or when recommended by the Medical Advisory Board, may include other health care professionals licensed to conduct physical examinations in this state.</subsection><subsection number="53-3-302(3)"><subsection number="53-3-302(3)(a)"> "Impaired person" means a person who has a mental, emotional, or nonstable physical disability or disease that may impair the person's ability to exercise reasonable and ordinary control at all times over a motor vehicle while driving on the highways.</subsection><subsection number="53-3-302(3)(b)"> "Impaired person" does not include a person having a nonprogressive or stable physical impairment that is objectively observable and that may be evaluated by a functional driving examination.</subsection></subsection></section><section number="53-3-303"><histories><history>Amended by Chapter <modchap sess="2010GS">286</modchap>, 2010 General Session</history><modyear>2010</modyear></histories><catchline>Driver License Medical Advisory Board -- Membership -- Guidelines for licensing impaired persons -- Recommendations to division.</catchline><subsection number="53-3-303(1)"> There is created within the division the Driver License Medical Advisory Board.</subsection><subsection number="53-3-303(2)"><subsection number="53-3-303(2)(a)"> The board is comprised of three regular members appointed by the Commissioner of Public Safety to four-year terms.</subsection><subsection number="53-3-303(2)(b)"> The board shall be assisted by expert panel members nominated by the board as necessary and as approved by the Commissioner of Public Safety.</subsection><subsection number="53-3-303(2)(c)"> Notwithstanding the requirements of Subsection <xref depth="4" refid="C53-3-S303_1800010118000101" refnumber="53-3-303(2)(a)" start="0">(2)(a)</xref>, the executive director shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.</subsection><subsection number="53-3-303(2)(d)"> When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.</subsection><subsection number="53-3-303(2)(e)"> The expert panel members shall recommend medical standards in the areas of the panel members' special competence for determining the physical, mental, and emotional capabilities of applicants for licenses and licensees.</subsection></subsection><subsection number="53-3-303(3)"> In reviewing individual cases, a panel acting with the authority of the board consists of at least two members, of which at least one is a regular board member.</subsection><subsection number="53-3-303(4)"> The director of the division or his designee serves as secretary to the board and its panels.</subsection><subsection number="53-3-303(5)"> Members of the board and expert panel members nominated by them shall be health care professionals.</subsection><subsection number="53-3-303(6)"> A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: <subsection number="53-3-303(6)(a)"> Section <xref depth="3" refid="C63A-3-S106_1800010118000101" refnumber="63A-3-106" start="0">63A-3-106</xref>;</subsection><subsection number="53-3-303(6)(b)"> Section <xref depth="3" refid="C63A-3-S107_1800010118000101" refnumber="63A-3-107" start="0">63A-3-107</xref>; and</subsection><subsection number="53-3-303(6)(c)"> rules made by the Division of Finance pursuant to Sections <xref depth="3" refid="C63A-3-S106_1800010118000101" refnumber="63A-3-106" start="0">63A-3-106</xref> and <xref depth="3" refid="C63A-3-S107_1800010118000101" refnumber="63A-3-107" start="0">63A-3-107</xref>.</subsection></subsection><subsection number="53-3-303(7)"> The board shall meet from time to time when called by the director of the division.</subsection><subsection number="53-3-303(8)"><subsection number="53-3-303(8)(a)"> The board shall recommend guidelines and standards for determining the physical, mental, and emotional capabilities of applicants for licenses and for licensees.</subsection><subsection number="53-3-303(8)(b)"> The guidelines and standards are applicable to all Utah licensees and for all individuals who hold learner permits and are participating in driving activities in all forms of driver education.</subsection><subsection number="53-3-303(8)(c)"> The guidelines and standards shall be published by the division.</subsection></subsection><subsection number="53-3-303(9)"> If the division has reason to believe that an applicant or licensee is an impaired person, it may: <subsection number="53-3-303(9)(a)"> act upon the matter based upon the published guidelines and standards; or</subsection><subsection number="53-3-303(9)(b)"> convene a panel to consider the matter and submit findings and a recommendation; the division shall consider the recommendation along with other evidence in determining whether a license should be suspended, revoked, denied, disqualified, canceled, or restricted.</subsection></subsection><subsection number="53-3-303(10)"><subsection number="53-3-303(10)(a)"> If the division has acted under Subsection <xref depth="4" refid="C53-3-S303_1800010118000101" refnumber="53-3-303(9)" start="0">(9)</xref> to suspend, revoke, deny, disqualify, cancel, or restrict the driving privilege without the convening of a panel, the affected applicant or licensee may within 10 days of receiving notice of the action request in a manner prescribed by the division a review of the division's action by a panel.</subsection><subsection number="53-3-303(10)(b)"> The panel shall review the matters and make written findings and conclusions.</subsection><subsection number="53-3-303(10)(c)"> The division shall affirm or modify its previous action.</subsection></subsection><subsection number="53-3-303(11)"><subsection number="53-3-303(11)(a)"> Actions of the division are subject to judicial review as provided in this part.</subsection><subsection number="53-3-303(11)(b)"> The guidelines, standards, findings, conclusions, and recommendations of the board or of a panel are admissible as evidence in any judicial review.</subsection></subsection><subsection number="53-3-303(12)"> Members of the board and its panels incur no liability for recommendations, findings, conclusions, or for other acts performed in good faith and incidental to membership on the board or a panel.</subsection><subsection number="53-3-303(13)"> The division shall provide forms for the use of health care professionals in depicting the medical history of any physical, mental, or emotional impairment affecting the applicant's or licensee's ability to drive a motor vehicle.</subsection><subsection number="53-3-303(14)"><subsection number="53-3-303(14)(a)"><subsection number="53-3-303(14)(a)(i)"> Individuals who apply for or hold a license and have, or develop, or suspect that they have developed a physical, mental, or emotional impairment that may affect driving safety are responsible for reporting this to the division or its agent.</subsection><subsection number="53-3-303(14)(a)(ii)"> If there is uncertainty, the individual is expected to seek competent medical evaluation and advice as to the significance of the impairment as it relates to driving safety, and to refrain from driving until a clarification is made.</subsection></subsection><subsection number="53-3-303(14)(b)"> Health care professionals who care for patients with physical, mental, or emotional impairments that may affect their driving safety, whether defined by published guidelines and standards or not, are responsible for making available to their patients without reservation their recommendations and appropriate information related to driving safety and responsibilities.</subsection><subsection number="53-3-303(14)(c)"> A health care professional or other person who becomes aware of a physical, mental, or emotional impairment that appears to present an imminent threat to driving safety and reports this information to the division in good faith has immunity from any damages claimed as a result of making the report.</subsection></subsection></section><section number="53-3-303.5"><histories><history>Amended by Chapter <modchap sess="2009GS">183</modchap>, 2009 General Session</history><modyear>2009</modyear></histories><catchline>Driver License Medical Advisory Board -- Medical waivers.</catchline><subsection number="53-3-303.5(1)"> The Driver License Medical Advisory Board shall: <subsection number="53-3-303.5(1)(a)"> advise the director of the division; and</subsection><subsection number="53-3-303.5(1)(b)"> establish and recommend in a manner specified by the board functional ability profile guidelines and standards for determining the physical, mental, and emotional capabilities of applicants for specific types of licenses, appropriate to various driving abilities.</subsection></subsection><subsection number="53-3-303.5(2)"><subsection number="53-3-303.5(2)(a)"> The Driver License Medical Advisory Board shall establish fitness standards, including provisions for a waiver of specified federal driver's physical qualifications under 49 CFR 391.41, for intrastate commercial driving privileges.</subsection><subsection number="53-3-303.5(2)(b)"> The standards under this Subsection <xref depth="4" refid="C53-3-S303.5_1800010118000101" refnumber="53-3-303.5(2)" start="0">(2)</xref> may only be implemented if the United States Department of Transportation (USDOT) will not impose any sanctions, including funding sanctions, against the state.</subsection></subsection><subsection number="53-3-303.5(3)"> In case of uncertainty of interpretation of these guidelines and standards, or in special circumstances, applicants may request a review of any division decision by a panel of board members. All of the actions of the director and board are subject to judicial review.</subsection><subsection number="53-3-303.5(4)"><subsection number="53-3-303.5(4)(a)"> If a person applies for a waiver established under Subsection <xref depth="4" refid="C53-3-S303.5_1800010118000101" refnumber="53-3-303.5(2)" start="0">(2)</xref>, the applicant shall bear any costs directly associated with the cost of administration of the waiver program, with respect to the applicant's application, in addition to any fees required under Section <xref depth="3" refid="C53-3-S105_1800010118000101" refnumber="53-3-105" start="0">53-3-105</xref>.</subsection><subsection number="53-3-303.5(4)(b)"> The division shall establish any additional fee necessary to administer the license under this Subsection <xref depth="4" refid="C53-3-S303.5_1800010118000101" refnumber="53-3-303.5(4)" start="0">(4)</xref> in accordance with Section <xref depth="3" refid="C63J-1-S504_1800010118000101" refnumber="63J-1-504" start="0">63J-1-504</xref>.</subsection></subsection></section><section number="53-3-304"><histories><history>Amended by Chapter <modchap sess="2014GS">225</modchap>, 2014 General Session</history><modyear>2014</modyear></histories><catchline>Licensing of persons with impairments -- Medical review -- Restricted license -- Procedures.</catchline><subsection number="53-3-304(1)"><subsection number="53-3-304(1)(a)"> If the division has reason to believe that an applicant for a license or a mobility vehicle permit is a person with an impairment, the division may require one or both of the following:<subsection number="53-3-304(1)(a)(i)"> a physical examination of the applicant by a health care professional and the submittal by the health care professional of a signed medical report indicating the results of the physical examination;</subsection><subsection number="53-3-304(1)(a)(ii)"> a follow-up medical review of the applicant by a health care professional and completion of a medical report at intervals established by the division under standards recommended by the board.</subsection></subsection><subsection number="53-3-304(1)(b)"> The format of the medical report required under Subsection <xref depth="4" refnumber="53-3-304(1)(a)" start="0">(1)(a)</xref> shall be devised by the division with the advice of the board and shall elicit the necessary medical information to determine whether it would be a public safety hazard to permit the applicant to drive a motor vehicle or mobility vehicle on the highways.</subsection></subsection><subsection number="53-3-304(2)"><subsection number="53-3-304(2)(a)"> The division may grant a restricted license to a person with an impairment who is otherwise qualified to obtain a license.</subsection><subsection number="53-3-304(2)(b)"> The division may grant a restricted mobility vehicle permit to a person with an impairment who is otherwise qualified to obtain a mobility vehicle permit.</subsection><subsection number="53-3-304(2)(c)"> The license or mobility vehicle permit continues in effect until its expiration date so long as the licensee complies with the requirements set forth by the division.</subsection><subsection number="53-3-304(2)(d)"> The license or mobility vehicle permit renewal is subject to the conditions of this section.</subsection><subsection number="53-3-304(2)(e)"> Any physical, mental, or emotional impairment of the applicant that in the opinion of the division does not affect the applicant's ability to exercise reasonable and ordinary control at all times in driving a motor vehicle upon the highway, does not prevent granting a license or mobility vehicle permit to the applicant.</subsection></subsection><subsection number="53-3-304(3)"><subsection number="53-3-304(3)(a)"> If an examination is required under this section, the division is not bound by the recommendation of the examining health care professional but shall give fair consideration to the recommendation in acting upon the application. The criterion is whether upon all the evidence it is safe to permit the applicant to drive a motor vehicle or mobility vehicle.</subsection><subsection number="53-3-304(3)(b)"> In deciding whether to grant or deny a license or mobility vehicle permit, the division may be guided by the opinion of experts in the fields of diagnosing and treating mental, physical, or emotional disabilities and may take into consideration any other factors that bear on the issue of public safety.</subsection></subsection><subsection number="53-3-304(4)"> Information provided under this section relating to physical, mental, or emotional impairment is classified under <xref depth="1" refnumber="63G-2" start="0">Title 63G, Chapter 2, Government Records Access and Management Act</xref>.</subsection></section><section number="53-3-305"><histories><history>Amended by Chapter <modchap sess="2016GS">303</modchap>, 2016 General Session</history><modyear>2016</modyear></histories><catchline>Notification of impaired person to the division -- Confidentiality of notification -- Rulemaking -- Penalty.</catchline><subsection number="53-3-305(1)"> A person who is aware of a physical, mental, or emotional impairment of another person that appears to present an imminent threat to driving safety may notify the division of the impairment.</subsection><subsection number="53-3-305(2)"> If the division determines that the notification made under Subsection <xref depth="4" refnumber="53-3-305(1)" start="0">(1)</xref> was made in good faith, the division may require the person who is the subject of the notification to submit to: <subsection number="53-3-305(2)(a)"> one or more medical reports under Subsection <xref depth="4" refnumber="53-3-304(1)" start="0">53-3-304(1)</xref>;</subsection><subsection number="53-3-305(2)(b)"> a physical and mental fitness test under Section <xref depth="3" refnumber="53-3-206" start="0">53-3-206</xref>;</subsection><subsection number="53-3-305(2)(c)"> the knowledge test required by the division; or</subsection><subsection number="53-3-305(2)(d)"> the skills test approved by the division.</subsection></subsection><subsection number="53-3-305(3)"><subsection number="53-3-305(3)(a)"> A person making a notification under Subsection <xref depth="4" refnumber="53-3-305(1)" start="0">(1)</xref> may request that the notification be confidential.</subsection><subsection number="53-3-305(3)(b)"> If requested by the person notifying the division, the notification provided under this section relating to a physical, mental, or emotional impairment is classified as a protected record under <xref depth="1" refnumber="63G-2" start="0">Title 63G, Chapter 2, Government Records Access and Management Act</xref>, and the identity of the person notifying the division may not be disclosed by the division.</subsection><subsection number="53-3-305(3)(c)"> The division may not accept an anonymous notification under this section.</subsection></subsection><subsection number="53-3-305(4)"> In accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, the division shall make rules establishing procedures for making a protected notification under this section to ensure that the notification is made in good faith.</subsection><subsection number="53-3-305(5)"> A person who makes a notification with the intent to annoy, intimidate, or harass the person that is the subject of the notification is guilty of an infraction.</subsection></section></part><part number="53-3-4"><catchline>Uniform Commercial Driver License Act</catchline><section number="53-3-401"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Short title.</catchline><tab/>This part is known as the "Uniform Commercial Driver License Act." </section><section number="53-3-401.1"><histories><history>Enacted by Chapter <modchap sess="2015GS">422</modchap>, 2015 General Session</history><modyear>2015</modyear></histories><catchline>Conflict with Federal Motor Carrier Safety Regulations.</catchline><tab/>Federal Motor Carrier Safety Regulations supersede any conflicting provisions of this chapter pertaining to licensing of commercial motor vehicle operators.</section><section number="53-3-402"><histories><history>Amended by Chapter <modchap sess="2025GS">296</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="53-3-402(1)">"Alcohol" means any substance containing any form of alcohol, including ethanol, methanol, propanol, and isopropanol.</subsection><subsection number="53-3-402(2)">"Alcohol concentration" means the number of grams of alcohol per:<subsection number="53-3-402(2)(a)">100 milliliters of blood;</subsection><subsection number="53-3-402(2)(b)">210 liters of breath; or</subsection><subsection number="53-3-402(2)(c)">67 milliliters of urine.</subsection></subsection><subsection number="53-3-402(3)">"Commercial driver license information system" or "CDLIS" means the information system established under Title XII, Pub. L. 99-570, the Commercial Motor Vehicle Safety Act of 1986, as a clearinghouse for information related to the licensing and identification of commercial motor vehicle drivers.</subsection><subsection number="53-3-402(4)">"Controlled substance" means any substance so classified under Section 102(6) of the Controlled Substance Act, 21 U.S.C. 802(6), and includes all substances listed on the current Schedules I through V of 21 C.F.R., Part 1308 as they may be revised from time to time.</subsection><subsection number="53-3-402(5)">"Drug and Alcohol Clearinghouse" means the database established under 49 C.F.R. Sec. 382, that requires an employer and service agent to report information to and to query regarding a driver who is subject to the United States Department of Transportation controlled substance and alcohol testing regulations.</subsection><subsection number="53-3-402(6)">"Employee" means any driver of a commercial motor vehicle, including:<subsection number="53-3-402(6)(a)">full-time, regularly employed drivers;</subsection><subsection number="53-3-402(6)(b)">casual, intermittent, or occasional drivers;</subsection><subsection number="53-3-402(6)(c)">leased drivers; and</subsection><subsection number="53-3-402(6)(d)">independent, owner-operator contractors while in the course of driving a commercial motor vehicle who are either directly employed by or under lease to an employer.</subsection></subsection><subsection number="53-3-402(7)">"Employer" means any individual or person including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle, or assigns an individual to drive a commercial motor vehicle.</subsection><subsection number="53-3-402(8)">"Felony" means any offense under state or federal law that is punishable by death or imprisonment for a term of more than one year.</subsection><subsection number="53-3-402(9)">"Foreign jurisdiction" means any jurisdiction other than the United States or a state of the United States.</subsection><subsection number="53-3-402(10)">"Gross vehicle weight rating" or "GVWR" means the value specified by the manufacturer as the maximum loaded weight of a single vehicle or GVWR of a combination or articulated vehicle, and includes the GVWR of the power unit plus the total weight of all towed units and the loads on those units.</subsection><subsection number="53-3-402(11)">"Hazardous material" has the same meaning as defined under 49 C.F.R. Sec. 383.5.</subsection><subsection number="53-3-402(12)">"Imminent hazard" means the existence of a condition, practice, or violation that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment is expected to occur immediately, or before the condition, practice, or violation can be abated.</subsection><subsection number="53-3-402(13)">"Medical certification status" means the medical certification of a commercial driver license holder or commercial motor vehicle operator in any of the following categories:<subsection number="53-3-402(13)(a)">Non-excepted interstate. An individual shall certify that the individual:<subsection number="53-3-402(13)(a)(i)">operates or expects to operate in interstate commerce;</subsection><subsection number="53-3-402(13)(a)(ii)">is both subject to and meets the qualification requirements under 49 C.F.R. <ext_ref depth="2" refnumber="53-3-391" start="2" type="Code of Federal Regulations">Part 391</ext_ref>; and</subsection><subsection number="53-3-402(13)(a)(iii)">is required to obtain a medical examiner's certificate under 49 C.F.R. Sec. 391.45.</subsection></subsection><subsection number="53-3-402(13)(b)">Excepted interstate. An individual shall certify that the individual:<subsection number="53-3-402(13)(b)(i)">operates or expects to operate in interstate commerce, but engages exclusively in transportation or operations excepted under 49 C.F.R. Sec. 390.3(f), 391.2, 391.68, or 398.3 from all or parts of the qualification requirements of 49 C.F.R. <ext_ref depth="2" refnumber="53-3-391" start="2" type="Code of Federal Regulations">Part 391</ext_ref>; and</subsection><subsection number="53-3-402(13)(b)(ii)">is not required to obtain a medical examiner's certificate under 49 C.F.R. Sec. 391.45.</subsection></subsection><subsection number="53-3-402(13)(c)">Non-excepted intrastate. An individual shall certify that the individual:<subsection number="53-3-402(13)(c)(i)">operates only in intrastate commerce; and</subsection><subsection number="53-3-402(13)(c)(ii)">is subject to state driver qualification requirements under Sections <xref depth="3" refnumber="53-3-303.5" start="0">53-3-303.5</xref>, <xref depth="3" refnumber="53-3-304" start="0">53-3-304</xref>, and <xref depth="3" refnumber="53-3-414" start="0">53-3-414</xref>.</subsection></subsection><subsection number="53-3-402(13)(d)">Excepted intrastate. An individual shall certify that the individual:<subsection number="53-3-402(13)(d)(i)">operates in intrastate commerce; and</subsection><subsection number="53-3-402(13)(d)(ii)">engages exclusively in transportation or operations excepted from all parts of the state driver qualification requirements.</subsection></subsection></subsection><subsection number="53-3-402(14)">"NDR" means the National Driver Register.</subsection><subsection number="53-3-402(15)">"Nonresident CDL" means a commercial driver license issued by a state to an individual who resides in a foreign jurisdiction.</subsection><subsection number="53-3-402(16)">"Out-of-service order" means a temporary prohibition against driving a commercial motor vehicle.</subsection><subsection number="53-3-402(17)">"Port-of-entry agent" has the same meaning as provided in Section <xref depth="3" refnumber="72-1-102" start="0">72-1-102</xref>.</subsection><subsection number="53-3-402(18)">"Serious traffic violation" means a conviction of any of the following:<subsection number="53-3-402(18)(a)">speeding 15 or more miles per hour above the posted speed limit;</subsection><subsection number="53-3-402(18)(b)">reckless driving as defined by state or local law;</subsection><subsection number="53-3-402(18)(c)">improper or erratic traffic lane changes;</subsection><subsection number="53-3-402(18)(d)">following the vehicle ahead too closely;</subsection><subsection number="53-3-402(18)(e)">any other motor vehicle traffic law which arises in connection with a fatal traffic accident;</subsection><subsection number="53-3-402(18)(f)">operating a commercial motor vehicle without a CDL or a CDIP;</subsection><subsection number="53-3-402(18)(g)">operating a commercial motor vehicle without the proper class of CDL or CDL endorsement for the type of vehicle group being operated or for the passengers or cargo being transported;</subsection><subsection number="53-3-402(18)(h)">operating a commercial motor vehicle without a CDL or CDIP license certificate in the driver's possession in violation of Section <xref depth="3" refnumber="53-3-404" start="0">53-3-404</xref>;</subsection><subsection number="53-3-402(18)(i)">using a wireless communication device in violation of Section <xref depth="3" refnumber="41-6a-1716" start="0">41-6a-1716</xref> while operating a commercial motor vehicle; or</subsection><subsection number="53-3-402(18)(j)">using a hand-held mobile telephone while operating a commercial motor vehicle in violation of 49 C.F.R. Sec. 392.82.</subsection></subsection><subsection number="53-3-402(19)">"State" means a state of the United States, the District of Columbia, any province or territory of Canada, or Mexico.</subsection><subsection number="53-3-402(20)">"United States" means the 50 states and the District of Columbia.</subsection></section><section number="53-3-403"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Superseding clause.</catchline><tab/>This part supersedes the general licensing provisions of state law contained in <xref depth="2" refid="C53-3-P1_1800010118000101" refnumber="53-3-1" start="2">Part 1, Driver License Division Administration</xref>, and <xref depth="2" refid="C53-3-P2_1800010118000101" refnumber="53-3-2" start="2">Part 2, Driver Licensing Act</xref>, of this chapter. </section><section number="53-3-404"><histories><history>Amended by Chapter <modchap sess="2011GS">190</modchap>, 2011 General Session</history><modyear>2011</modyear></histories><catchline>Requirements to drive commercial motor vehicle.</catchline><subsection number="53-3-404(1)"> A person may not drive a commercial motor vehicle, unless the person has been issued and is in immediate possession of: <subsection number="53-3-404(1)(a)"> a CDL license certificate valid for the commercial motor vehicle the person is driving; or</subsection><subsection number="53-3-404(1)(b)"> a valid CDIP license certificate in accordance with Section <xref depth="3" refid="C53-3-S408_1800010118000101" refnumber="53-3-408" start="0">53-3-408</xref>.</subsection></subsection><subsection number="53-3-404(2)"><subsection number="53-3-404(2)(a)"> A licensee shall display a CDL or CDIP license certificate upon demand of a justice court judge, a peace officer, a special function officer, a port-of-entry officer, or a designee of the division.</subsection><subsection number="53-3-404(2)(b)"> It is a defense to a charge under this section that the person charged produces in court a CDL or CDIP license certificate that is issued to the person and valid at the time of the citation or arrest.</subsection></subsection><subsection number="53-3-404(3)"> A person may not drive a commercial motor vehicle if the person's privilege to drive a commercial motor vehicle is: <subsection number="53-3-404(3)(a)"> suspended, revoked, or canceled;</subsection><subsection number="53-3-404(3)(b)"> subject to a disqualification;</subsection><subsection number="53-3-404(3)(c)"> subject to an out-of-service order; or</subsection><subsection number="53-3-404(3)(d)"> not medically certified as defined in Section <xref depth="3" refid="C53-3-S402_1800010118000101" refnumber="53-3-402" start="0">53-3-402</xref>.</subsection></subsection><subsection number="53-3-404(4)"> A person may not drive a commercial motor vehicle if the commercial motor vehicle is subject to an out-of-service order.</subsection></section><section number="53-3-405"><histories><history>Amended by Chapter <modchap sess="2011GS">190</modchap>, 2011 General Session</history><modyear>2011</modyear></histories><catchline>Authority to drive commercial motor vehicle in Utah.</catchline><subsection number="53-3-405(1)"> A person who holds or is required to hold a CDL may drive a commercial motor vehicle in this state if: <subsection number="53-3-405(1)(a)"> the person has a CDL issued by any state in accordance with the minimum federal standards for the issuance of commercial motor vehicle driver licenses;</subsection><subsection number="53-3-405(1)(b)"> the person's license is not denied, suspended, revoked, or canceled;</subsection><subsection number="53-3-405(1)(c)"> the person is not disqualified from driving a commercial motor vehicle; and</subsection><subsection number="53-3-405(1)(d)"> the person has a valid medical certification status.</subsection></subsection><subsection number="53-3-405(2)"> This section supersedes any provision to the contrary.</subsection></section><section number="53-3-406"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Commercial motor vehicle driver -- Only one license.</catchline><tab/>Any person who drives a commercial motor vehicle may only have one license. </section><section number="53-3-407"><histories><history>Amended by Chapter <modchap sess="2026GS">454</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Qualifications for commercial driver license -- Fee -- Third parties may administer skills test.</catchline><subsection number="53-3-407(1)"><subsection number="53-3-407(1)(a)">As used in this section, "CDL driver training school" means a business enterprise conducted by an individual, association, partnership, or corporation that:<subsection number="53-3-407(1)(a)(i)">educates and trains persons, either practically or theoretically, or both, to drive commercial motor vehicles; and</subsection><subsection number="53-3-407(1)(a)(ii)">prepares an applicant for an examination under Subsection <xref depth="4" refnumber="53-3-407(2)(a)(iii)" start="0">(2)(a)(iii)</xref>.</subsection></subsection><subsection number="53-3-407(1)(b)">A CDL driver training school may charge a consideration or tuition for the services provided under Subsection <xref depth="4" refnumber="53-3-407(1)(a)" start="0">(1)(a)</xref>.</subsection></subsection><subsection number="53-3-407(2)"><subsection number="53-3-407(2)(a)">Except as provided in Subsection <xref depth="4" refnumber="53-3-407(2)(c)" start="0">(2)(c)</xref>, a CDL may be issued only to a person who:<subsection number="53-3-407(2)(a)(i)">is a resident of this state or is an out-of-state resident if the person qualifies for a non-domiciled CDL as defined in 49 C.F.R. <ext_ref depth="2" refnumber="53-3-383" start="2" type="Code of Federal Regulations">Part 383</ext_ref>;</subsection><subsection number="53-3-407(2)(a)(ii)">has held a CDIP for a minimum of 14 days prior to taking the skills test under 49 C.F.R. <ext_ref depth="2" refnumber="53-3-383" start="2" type="Code of Federal Regulations">Part 383</ext_ref>, including a person who is upgrading a CDL class or endorsement requiring a skills test under 49 C.F.R. <ext_ref depth="2" refnumber="53-3-383" start="2" type="Code of Federal Regulations">Part 383</ext_ref>;</subsection><subsection number="53-3-407(2)(a)(iii)">has passed a test of knowledge and skills for driving a commercial motor vehicle, that complies with minimum standards established by federal regulation in 49 C.F.R. <ext_ref depth="2" refnumber="53-3-383" start="2" type="Code of Federal Regulations">Part 383</ext_ref>, Subparts G and H; and</subsection><subsection number="53-3-407(2)(a)(iv)">has complied with all requirements of 49 C.F.R. <ext_ref depth="2" refnumber="53-3-383" start="2" type="Code of Federal Regulations">Part 383</ext_ref> and other applicable state laws and federal regulations.</subsection></subsection><subsection number="53-3-407(2)(b)">A person who applies for a CDL is exempt from the requirement to pass a skills test to be eligible for the license if the person:<subsection number="53-3-407(2)(b)(i)">is a resident of the state of Utah;</subsection><subsection number="53-3-407(2)(b)(ii)">has successfully completed a skills test administered by a state or a party authorized by a state or jurisdiction that is compliant with 49 C.F.R. <ext_ref depth="2" refnumber="53-3-383" start="2" type="Code of Federal Regulations">Part 383</ext_ref>; and</subsection><subsection number="53-3-407(2)(b)(iii)">held a valid Utah CDIP at the time the test was administered.</subsection></subsection><subsection number="53-3-407(2)(c)">The department shall waive any tests specified in this section for a commercial driver license applicant who, subject to the limitations and requirements of 49 C.F.R. Sec. 383.77, meets all certifications required for a waiver under 49 C.F.R. Sec. 383.77 and certifies that the applicant:<subsection number="53-3-407(2)(c)(i)">is a member of the active or reserve components of any branch or unit of the armed forces or a veteran who received an honorable or general discharge from any branch or unit of the active or reserve components of the United States Armed Forces;</subsection><subsection number="53-3-407(2)(c)(ii)">is or was regularly employed in a position in the armed forces requiring operation of a commercial motor vehicle; and</subsection><subsection number="53-3-407(2)(c)(iii)">has legally operated, while on active duty for at least two years immediately preceding application for a commercial driver license, a vehicle representative of the commercial motor vehicle the driver applicant operates or expects to operate.</subsection></subsection><subsection number="53-3-407(2)(d)">An applicant who requests a waiver under Subsection <xref depth="4" refnumber="53-3-407(2)(c)" start="0">(2)(c)</xref> shall present a completed application for a military skills test waiver at the time of the request.</subsection></subsection><subsection number="53-3-407(3)">Tests required under this section shall be prescribed and administered by the division.</subsection><subsection number="53-3-407(4)">The division shall maintain a record of:<subsection number="53-3-407(4)(a)">applicants who fail a commercial driver license skills test or fail to take a commercial driver license skills test due to the applicant's English language proficiency; and</subsection><subsection number="53-3-407(4)(b)">the CDL driver training school attended by an applicant described in Subsection <xref depth="4" refnumber="53-3-407(4)(a)">(4)(a)</xref>.</subsection></subsection><subsection number="53-3-407(5)">The division shall authorize a person, an agency of this state, an employer, a private driver training facility or other private institution, or a department, agency, or entity of local government to administer the skills test required under this section if:<subsection number="53-3-407(5)(a)">the test is the same test as prescribed by the division, and is administered in the same manner; and</subsection><subsection number="53-3-407(5)(b)">the party authorized under this section to administer the test has entered into an agreement with the state that complies with the requirements of 49 C.F.R. Sec. 383.75.</subsection></subsection><subsection number="53-3-407(6)"><subsection number="53-3-407(6)(a)">An out-of-state resident who holds a valid CDIP issued by a state or jurisdiction that is compliant with 49 C.F.R. <ext_ref depth="2" refnumber="53-3-383" start="2" type="Code of Federal Regulations">Part 383</ext_ref> may take a skills test administered by a party authorized under this section.</subsection><subsection number="53-3-407(6)(b)">A person authorized under this section to administer the skills test may charge a fee for administration of the skills test.</subsection><subsection number="53-3-407(6)(c)">A person authorized under this section to administer the skills test shall:<subsection number="53-3-407(6)(c)(i)">electronically transmit skills test results for an out-of-state resident to the licensing agency in the state or jurisdiction in which the person has obtained a valid CDIP; and</subsection><subsection number="53-3-407(6)(c)(ii)">provide the out-of-state resident with documentary evidence upon successful completion of the skills test.</subsection></subsection></subsection><subsection number="53-3-407(7)">A person who has an appointment with the division for testing and fails to keep the appointment or to cancel at least 48 hours in advance of the appointment shall pay the fee under Section <xref depth="3" refnumber="53-3-105" start="0">53-3-105</xref>.</subsection><subsection number="53-3-407(8)">A person authorized under this section to administer the skills test is not criminally or civilly liable for the administration of the test unless the person administers the test in a grossly negligent manner.</subsection><subsection number="53-3-407(9)">The division may waive the skills test required under this section if it determines that the applicant meets the requirements of 49 C.F.R. Sec. 383.77.</subsection></section><section number="53-3-407.1"><histories><history>Amended by Chapter <modchap sess="2026GS">454</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Commercial driver license third party tester or third party examiner license -- Fingerprint background check required.</catchline><subsection number="53-3-407.1(1)">A commercial driver license third party tester or commercial driver license third party examiner shall be licensed by the division to be eligible to administer the commercial driver license skills tests.</subsection><subsection number="53-3-407.1(2)"><subsection number="53-3-407.1(2)(a)">An applicant for a commercial driver license third party tester or third party examiner license shall submit fingerprints in a form acceptable to the division at the time the license application is filed and shall consent to a fingerprint background check by the Utah Bureau of Criminal Identification and the Federal Bureau of Investigation regarding the application.</subsection><subsection number="53-3-407.1(2)(b)">The division shall request the Department of Public Safety to complete a Federal Bureau of Investigation criminal background check for each commercial driver license third party tester or third party examiner applicant through the national criminal history system or any successor system.</subsection><subsection number="53-3-407.1(2)(c)">The Utah Bureau of Criminal Identification shall release to the division all information received in response to the division's request under this Subsection <xref depth="4" refid="C53-3-S407.1_1800010118000101" refnumber="53-3-407.1(2)" start="0">(2)</xref>.</subsection><subsection number="53-3-407.1(2)(d)">A commercial driver license third party tester or third party examiner license may not be issued under this section until the criminal background check required under this Subsection <xref depth="4" refid="C53-3-S407.1_1800010118000101" refnumber="53-3-407.1(2)" start="0">(2)</xref> has been completed and reviewed by the division.</subsection><subsection number="53-3-407.1(2)(e)">In addition to any fees imposed under this chapter, the division shall:<subsection number="53-3-407.1(2)(e)(i)">impose on individuals submitting fingerprints in accordance with this Subsection <xref depth="4" refid="C53-3-S407.1_1800010118000101" refnumber="53-3-407.1(2)" start="0">(2)</xref> the fees that the Bureau of Criminal Identification may collect for the services the Bureau of Criminal Identification provides under this section; and</subsection><subsection number="53-3-407.1(2)(e)(ii)">remit the fees collected under this Subsection <xref depth="4" refid="C53-3-S407.1_1800010118000101" refnumber="53-3-407.1(2)(e)" start="0">(2)(e)</xref> to the Bureau of Criminal Identification.</subsection></subsection></subsection><subsection number="53-3-407.1(3)">In accordance with <xref depth="1" refid="C63G-3_1800010118000101" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, the division shall make rules establishing:<subsection number="53-3-407.1(3)(a)">minimum standards for a commercial driver license third party tester or third party examiner license;</subsection><subsection number="53-3-407.1(3)(b)">procedures for an applicant to apply for a commercial driver license third party tester or third party examiner license;</subsection><subsection number="53-3-407.1(3)(c)">minimum standards for the commercial driver license skills test; </subsection><subsection number="53-3-407.1(3)(d)">procedures to enable a licensed commercial driver license third party tester or commercial driver license third party examiner to administer or process a commercial driver license skills test for an applicant to receive a commercial driver license; and</subsection><subsection number="53-3-407.1(3)(e)">procedures for a commercial driver license third party tester or third party examiner to notify the division when an applicant fails a commercial driver license skills test or fails to take a commercial driver license skills test due to the applicant's English language proficiency.</subsection></subsection></section><section number="53-3-408"><histories><history>Amended by Chapter <modchap sess="2016GS">175</modchap>, 2016 General Session</history><modyear>2016</modyear></histories><catchline>Qualifications for commercial driver instruction permit.</catchline><subsection number="53-3-408(1)"> The division may issue a CDIP to a person who: <subsection number="53-3-408(1)(a)"> is 18 years of age or older;</subsection><subsection number="53-3-408(1)(b)"> holds a valid license;</subsection><subsection number="53-3-408(1)(c)"> has at least one year of driving experience; and</subsection><subsection number="53-3-408(1)(d)"> has passed the vision and knowledge test for the class of license for which the person is applying.</subsection></subsection><subsection number="53-3-408(2)"> The division may issue a CDIP only for a period not to exceed 180 days.</subsection><subsection number="53-3-408(3)"> The holder of a CDIP may drive a commercial motor vehicle on a highway only when accompanied by a person who: <subsection number="53-3-408(3)(a)"><subsection number="53-3-408(3)(a)(i)"> holds a CDL valid for the class and endorsements of commercial motor vehicle driven; or</subsection><subsection number="53-3-408(3)(a)(ii)"> is certified by the division to administer driver licensing examinations to CDL applicants; and</subsection></subsection><subsection number="53-3-408(3)(b)"> occupies a seat beside the individual for the purpose of:<subsection number="53-3-408(3)(b)(i)"> giving the driver instruction regarding the driving of the commercial motor vehicle; or</subsection><subsection number="53-3-408(3)(b)(ii)"> administering a driver licensing examination to a CDL applicant.</subsection></subsection></subsection><subsection number="53-3-408(4)"> A CDL or CDIP may not be issued to a person: <subsection number="53-3-408(4)(a)"> subject to disqualification from driving a commercial motor vehicle; or</subsection><subsection number="53-3-408(4)(b)"> whose license is suspended, revoked, or canceled in any state.</subsection></subsection><subsection number="53-3-408(5)"> A CDL or CDIP may not be issued to a person until the person has surrendered all license certificates the person holds to the division for cancellation.</subsection></section><section number="53-3-409"><histories><history>Enacted by Chapter <modchap sess="2025GS">296</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Drug and Alcohol Clearinghouse.</catchline><subsection number="53-3-409(1)">The division shall query the Drug and Alcohol Clearinghouse before:<subsection number="53-3-409(1)(a)">issuing an original CDL or CDIP;</subsection><subsection number="53-3-409(1)(b)">renewing a CDL or CDIP;</subsection><subsection number="53-3-409(1)(c)">issuing a duplicate CDL or CDIP;</subsection><subsection number="53-3-409(1)(d)">upgrading a CDL or CDIP; or</subsection><subsection number="53-3-409(1)(e)">transferring a CDL or CDIP from another jurisdiction.</subsection></subsection><subsection number="53-3-409(2)">Upon receipt of information from the Drug and Alcohol Clearinghouse that an applicant is prohibited from operating a commercial motor vehicle, the division shall deny the:<subsection number="53-3-409(2)(a)">issuance of an original CDL or CDIP;</subsection><subsection number="53-3-409(2)(b)">renewal of a CDL or CDIP;</subsection><subsection number="53-3-409(2)(c)">issuance of a duplicate CDL or CDIP;</subsection><subsection number="53-3-409(2)(d)">upgrade of a CDL or CDIP; or</subsection><subsection number="53-3-409(2)(e)">transfer of a CDL or CDIP.</subsection></subsection><subsection number="53-3-409(3)">If the division determines that an individual who holds a CDL or CDIP is prohibited from operating a commercial motor vehicle under this part or 49 C.F.R. Sec. 382.501, the individual shall be required to downgrade the CDL or CDIP to a class D license.</subsection><subsection number="53-3-409(4)">If the division receives notification pursuant to 49 C.F.R. Sec. 382.503 that the individual is no longer prohibited from operating a commercial motor vehicle, the division may terminate the downgrade process.</subsection><subsection number="53-3-409(5)">A reinstatement to a CDL or CDIP after downgrade to a class D license may be completed if:<subsection number="53-3-409(5)(a)">the division receives notification pursuant to 49 C.F.R. Sec. 382.503 that the individual is no longer prohibited from operating a commercial motor vehicle; or</subsection><subsection number="53-3-409(5)(b)">the division receives notification that the individual was erroneously identified as prohibited from operating a commercial motor vehicle.</subsection></subsection><subsection number="53-3-409(6)">If the division receives a notification described in Subsection <xref tempid="949" depth="4" refnumber="(5)(b)">(5)(b)</xref>, the division shall:<subsection number="53-3-409(6)(a)">reinstate the CDL or CDIP privilege as expeditiously as possible; and</subsection><subsection number="53-3-409(6)(b)">remove any reference to the prohibited status from the CDLIS record and motor vehicle record.</subsection></subsection><subsection number="53-3-409(7)">Failure to comply with the requirements of this section shall result in the denial of the license under Section <xref depth="3" refnumber="53-3-221">53-3-221</xref>.</subsection></section><section number="53-3-410"><histories><history>Amended by Chapter <modchap sess="2026GS">454</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Applicant information required for CDIP and CDL -- State resident to have state CDL.</catchline><subsection number="53-3-410(1)">The application for a CDL, limited-term CDL, or CDIP shall include the following information regarding the applicant:<subsection number="53-3-410(1)(a)">full legal name;</subsection><subsection number="53-3-410(1)(b)">current mailing address;</subsection><subsection number="53-3-410(1)(c)">Utah residential address;</subsection><subsection number="53-3-410(1)(d)">physical description, including sex, height, weight, and eye color;</subsection><subsection number="53-3-410(1)(e)">date of birth;</subsection><subsection number="53-3-410(1)(f)">documentary evidence of the applicant's valid social security number;</subsection><subsection number="53-3-410(1)(g)">a complete list of all states in which the applicant was issued a driver license in the previous 10 years upon:<subsection number="53-3-410(1)(g)(i)">initial issuance of a Utah license;</subsection><subsection number="53-3-410(1)(g)(ii)">renewal of a CDL for the first time after September 30, 2002; or</subsection><subsection number="53-3-410(1)(g)(iii)">transfer of a CDL from another state;</subsection></subsection><subsection number="53-3-410(1)(h)">the applicant's signature;</subsection><subsection number="53-3-410(1)(i)">evidence of the applicant's lawful presence in the United States by providing documentary evidence:<subsection number="53-3-410(1)(i)(i)">that a person is:<subsection number="53-3-410(1)(i)(i)(A)">a United States Citizen;</subsection><subsection number="53-3-410(1)(i)(i)(B)">a United States national; or</subsection><subsection number="53-3-410(1)(i)(i)(C)">a legal permanent resident alien; or</subsection></subsection><subsection number="53-3-410(1)(i)(ii)">of the applicant's:<subsection number="53-3-410(1)(i)(ii)(A)">unexpired immigrant or nonimmigrant visa status for admission into the United States;</subsection><subsection number="53-3-410(1)(i)(ii)(B)">pending or approved application for asylum in the United States;</subsection><subsection number="53-3-410(1)(i)(ii)(C)">admission into the United States as a refugee;</subsection><subsection number="53-3-410(1)(i)(ii)(D)">pending or approved application for temporary protected status in the United States;</subsection><subsection number="53-3-410(1)(i)(ii)(E)">approved deferred action status;</subsection><subsection number="53-3-410(1)(i)(ii)(F)">pending application for adjustment of status to legal permanent resident or conditional resident; or</subsection><subsection number="53-3-410(1)(i)(ii)(G)">conditional permanent resident alien status; and</subsection></subsection></subsection><subsection number="53-3-410(1)(j)">beginning on January 30, 2012, a medical certification status.</subsection></subsection><subsection number="53-3-410(2)">An application under this section shall also include all certifications required by 49 C.F.R., Part 383.71.</subsection><subsection number="53-3-410(3)">When the holder of a license under this part changes the holder's name, mailing address, or residence, the holder shall make application for a duplicate license within 30 days of the change.</subsection><subsection number="53-3-410(4)">A person who has been a resident of this state for 30 consecutive days may not drive a commercial motor vehicle under the authority of a commercial driver license issued by another jurisdiction.</subsection></section><section number="53-3-410.1"><histories><history>Amended by Chapter <modchap sess="2022GS">46</modchap>, 2022 General Session</history><modyear>2022</modyear></histories><catchline>Medical certification requirements.</catchline><subsection number="53-3-410.1(1)"> A person whose medical certification status is: <subsection number="53-3-410.1(1)(a)"> "non-excepted interstate" under Subsection <xref depth="4" refnumber="53-3-402(12)(a)" start="0">53-3-402(12)(a)</xref> is required to provide the division a medical self-certification and an updated medical examiner's certificate under 49 C.F.R. Sec. 391.45 upon request by the division;</subsection><subsection number="53-3-410.1(1)(b)"> "excepted interstate" under Subsection <xref depth="4" refnumber="53-3-402(12)(b)" start="0">53-3-402(12)(b)</xref> is required to provide to the division a medical self-certification upon request by the division;</subsection><subsection number="53-3-410.1(1)(c)"> "non-excepted intrastate" under Subsection <xref depth="4" refnumber="53-3-402(12)(c)" start="0">53-3-402(12)(c)</xref> is required to, upon request by the division:<subsection number="53-3-410.1(1)(c)(i)"> provide to the division a medical self-certification; and</subsection><subsection number="53-3-410.1(1)(c)(ii)"> comply with the requirements of Section <xref depth="3" refnumber="53-3-303.5" start="0">53-3-303.5</xref>; or</subsection></subsection><subsection number="53-3-410.1(1)(d)"> "excepted intrastate" under Subsection <xref depth="4" refnumber="53-3-402(12)(b)" start="0">53-3-402(12)(b)</xref> is required to, upon request by the division:<subsection number="53-3-410.1(1)(d)(i)"> provide to the division a medical self-certification; and</subsection><subsection number="53-3-410.1(1)(d)(ii)"><subsection number="53-3-410.1(1)(d)(ii)(A)"> provide to the division an updated medical examiner's certificate under 49 C.F.R. Sec. 391.45; or</subsection><subsection number="53-3-410.1(1)(d)(ii)(B)"> comply with the requirements of Section <xref depth="3" refnumber="53-3-303.5" start="0">53-3-303.5</xref>.</subsection></subsection></subsection></subsection><subsection number="53-3-410.1(2)"> A request by the division for a person to comply with Subsection <xref depth="4" refnumber="53-3-410.1(1)" start="0">(1)</xref> to provide a: <subsection number="53-3-410.1(2)(a)"> medical examiner's certificate, shall correspond with:<subsection number="53-3-410.1(2)(a)(i)"> the initial application for a CDL or CDIP;</subsection><subsection number="53-3-410.1(2)(a)(ii)"> the transfer of a CDL from another jurisdiction to Utah;</subsection><subsection number="53-3-410.1(2)(a)(iii)"> the expiration of the previously submitted medical examiner's certificate; or</subsection><subsection number="53-3-410.1(2)(a)(iv)"> documentary evidence received by the division under Subsection <xref depth="4" refnumber="53-3-410.1(1)" start="0">(1)</xref> that indicates the driver may not be medically qualified to operate a CMV; or</subsection></subsection><subsection number="53-3-410.1(2)(b)"> medical self-certification, shall correspond with:<subsection number="53-3-410.1(2)(b)(i)"> the initial application for a CDL or CDIP;</subsection><subsection number="53-3-410.1(2)(b)(ii)"> the transfer of a CDL from another jurisdiction to Utah;</subsection><subsection number="53-3-410.1(2)(b)(iii)"> the renewal of a CDL or CDIP;</subsection><subsection number="53-3-410.1(2)(b)(iv)"> the upgrade of a commercial license class; or</subsection><subsection number="53-3-410.1(2)(b)(v)"> documentary evidence received by the division under Subsection <xref depth="4" refnumber="53-3-410.1(1)" start="0">(1)</xref> that indicates the driver may not be medically qualified to operate a CMV.</subsection></subsection></subsection><subsection number="53-3-410.1(3)"><subsection number="53-3-410.1(3)(a)"> Except as provided in Subsection <xref depth="4" refnumber="53-3-410.1(3)(b)" start="0">(3)(b)</xref>, if the division determines that a person is no longer medically qualified to operate a CMV, the person shall be required to downgrade the person's CDL to a class D license.</subsection><subsection number="53-3-410.1(3)(b)"> If the division determines that a person is incompetent to drive a motor vehicle or has a mental or physical disability rendering the person unable to safely drive a motor vehicle upon the highways, the division shall deny the person's driving privileges as described in Section <xref depth="3" refnumber="53-3-221" start="0">53-3-221</xref>.</subsection></subsection><subsection number="53-3-410.1(4)"> If a person fails to comply with a request under this section, the person shall be required to downgrade the person's CDL to a class D license.</subsection><subsection number="53-3-410.1(5)"> Failure to comply with the requirement of this section shall result in the denial of the license under Section <xref depth="3" refnumber="53-3-221" start="0">53-3-221</xref>.</subsection></section><section number="53-3-411"><histories><history>Amended by Chapter <modchap sess="2004GS">144</modchap>, 2004 General Session</history><modyear>2004</modyear></histories><catchline>Description of CDL -- Information to be included.</catchline><subsection number="53-3-411(1)"> The CDL certificate shall be printed with the identifying words "Commercial Driver License" or "CDL".</subsection><subsection number="53-3-411(2)"> To the maximum extent practicable, the CDL certificate shall be resistant to alteration.</subsection><subsection number="53-3-411(3)"> The CDL certificate shall include: <subsection number="53-3-411(3)(a)"> the legal name and principal place of residence of the holder;</subsection><subsection number="53-3-411(3)(b)"> the holder's photograph in color;</subsection><subsection number="53-3-411(3)(c)"> a physical description of the holder, including sex and height;</subsection><subsection number="53-3-411(3)(d)"> the holder's birth date;</subsection><subsection number="53-3-411(3)(e)"> the holder's Utah license certificate number;</subsection><subsection number="53-3-411(3)(f)"> the holder's signature;</subsection><subsection number="53-3-411(3)(g)"> the class or type of commercial motor vehicle or vehicles the holder is authorized to drive;</subsection><subsection number="53-3-411(3)(h)"> any endorsements or restrictions to which the holder is subject;</subsection><subsection number="53-3-411(3)(i)"> the name of the issuing state; and</subsection><subsection number="53-3-411(3)(j)"> the dates between which the CDL is valid.</subsection></subsection><subsection number="53-3-411(4)"> The CDL may not include the holder's Social Security number.</subsection></section><section number="53-3-412"><histories><history>Amended by Chapter <modchap sess="2016GS">303</modchap>, 2016 General Session</history><modyear>2016</modyear></histories><catchline>CDL classifications, endorsements, and restrictions.</catchline><subsection number="53-3-412(1)"> A CDL may be granted with the following classifications, endorsements, and restrictions: <subsection number="53-3-412(1)(a)"> Classifications:<subsection number="53-3-412(1)(a)(i)"> Class A: any combination of vehicles with a GVWR of 26,001 pounds or more, if the GVWR of the one or more vehicles being towed is in excess of 10,000 pounds;</subsection><subsection number="53-3-412(1)(a)(ii)"> Class B: any single motor vehicle with a GVWR of 26,001 pounds or more, including that motor vehicle when towing a vehicle with a GVWR of 10,000 pounds or less; and</subsection><subsection number="53-3-412(1)(a)(iii)"> Class C: any single motor vehicle with a GVWR of less than 26,001 pounds or that motor vehicle when towing a vehicle with a GVWR of 10,000 pounds or less when the vehicle is designed: <subsection number="53-3-412(1)(a)(iii)(A)"> to carry 16 or more passengers, including the driver;</subsection><subsection number="53-3-412(1)(a)(iii)(B)"> as a school bus, and weighing less than 26,001 pounds GVWR; or</subsection><subsection number="53-3-412(1)(a)(iii)(C)"> to transport hazardous materials that requires the vehicle to be placarded under 49 C.F.R. Part 172, Subpart F.</subsection></subsection></subsection><subsection number="53-3-412(1)(b)"> Endorsements:<subsection number="53-3-412(1)(b)(i)"> "H" authorizes the driver to drive a commercial motor vehicle transporting hazardous materials as defined in 49 C.F.R. Sec. 383.5.</subsection><subsection number="53-3-412(1)(b)(ii)"> "N" authorizes the driver to drive a tank vehicle.</subsection><subsection number="53-3-412(1)(b)(iii)"> "P" authorizes the driver to drive a motor vehicle designed to carry 16 or more passengers including the driver.</subsection><subsection number="53-3-412(1)(b)(iv)"> "S" authorizes the driver to transport preprimary, primary, or secondary school students from home to school, school to home, or to and from school-sponsored events.</subsection><subsection number="53-3-412(1)(b)(v)"> "T" authorizes the driver to drive a commercial motor vehicle with a double or triple trailer.</subsection><subsection number="53-3-412(1)(b)(vi)"> "X" authorizes the driver to drive a tank vehicle and transport hazardous materials.</subsection></subsection><subsection number="53-3-412(1)(c)"> Restrictions:<subsection number="53-3-412(1)(c)(i)"> "E" restricts the driver from driving a commercial motor vehicle with a manual transmission.</subsection><subsection number="53-3-412(1)(c)(ii)"> "K" restricts the driver to driving intrastate only any commercial motor vehicle as defined by 49 C.F.R. Parts 383 and 390.</subsection><subsection number="53-3-412(1)(c)(iii)"> "L" restricts the driver to driving a commercial motor vehicle not equipped with air brakes.</subsection><subsection number="53-3-412(1)(c)(iv)"> "J" provides for other CDL restrictions.</subsection><subsection number="53-3-412(1)(c)(v)"> "M" restricts a driver from transporting passengers using a class A bus.</subsection><subsection number="53-3-412(1)(c)(vi)"> "N" restricts a driver from transporting passengers using a class A or class B bus.</subsection><subsection number="53-3-412(1)(c)(vii)"> "O" restricts a driver from driving a commercial motor vehicle equipped with a tractor trailer.</subsection><subsection number="53-3-412(1)(c)(viii)"><subsection number="53-3-412(1)(c)(viii)(A)"> "V" indicates that the driver has been issued a variance by the Federal Motor Carrier Safety Administration in reference to the driver's medical certification status.</subsection><subsection number="53-3-412(1)(c)(viii)(B)"> A driver with a "V" restriction shall have the letter outlining the specifications for the variance in the driver's possession along with the driver's commercial driver license when operating a commercial motor vehicle.</subsection></subsection><subsection number="53-3-412(1)(c)(ix)"> "Z" restricts a driver from driving a commercial motor vehicle with non-fully equipped air brakes.</subsection></subsection></subsection><subsection number="53-3-412(2)"> A commercial driver instruction permit may be granted with the following classifications, endorsements, and restrictions: <subsection number="53-3-412(2)(a)"> Classifications:<subsection number="53-3-412(2)(a)(i)"> Class A: any combination of vehicles with a GVWR of 26,001 pounds or more, if the GVWR of the one or more vehicles being towed is in excess of 10,000 pounds;</subsection><subsection number="53-3-412(2)(a)(ii)"> Class B: any single motor vehicle with a GVWR of 26,001 pounds or more, including that motor vehicle when towing a vehicle with a GVWR of 10,000 pounds or less; and</subsection><subsection number="53-3-412(2)(a)(iii)"> Class C: any single motor vehicle with a GVWR of less than 26,001 pounds or that motor vehicle when towing a vehicle with a GVWR of 10,000 pounds or less when the vehicle is designed: <subsection number="53-3-412(2)(a)(iii)(A)"> to carry 16 or more passengers, including the driver;</subsection><subsection number="53-3-412(2)(a)(iii)(B)"> as a school bus, and weighing less than 26,001 pounds GVWR; or</subsection><subsection number="53-3-412(2)(a)(iii)(C)"> to transport hazardous material that requires the vehicle to be placarded under 49 C.F.R. Part 172, Subpart F.</subsection></subsection></subsection><subsection number="53-3-412(2)(b)"> Endorsements:<subsection number="53-3-412(2)(b)(i)"> "N" authorizes the driver to drive a tank vehicle. An "N" endorsement may only be issued with an "X" restriction.</subsection><subsection number="53-3-412(2)(b)(ii)"> "P" authorizes the driver to drive a motor vehicle designed to carry 16 or more passengers including the driver. A "P" endorsement may only be issued with a "P" restriction.</subsection><subsection number="53-3-412(2)(b)(iii)"> "S" authorizes the driver to transport preprimary, primary, or secondary school students from home to school, school to home, or to and from school-sponsored events. An "S" endorsement may only be issued with a "P" restriction.</subsection></subsection><subsection number="53-3-412(2)(c)"> Restrictions:<subsection number="53-3-412(2)(c)(i)"> "K" restricts the driver to driving intrastate only any commercial motor vehicle as defined by 49 C.F.R. Parts 383 and 390.</subsection><subsection number="53-3-412(2)(c)(ii)"> "L" restricts the driver to driving a commercial motor vehicle not equipped with air brakes.</subsection><subsection number="53-3-412(2)(c)(iii)"> "M" restricts a driver from transporting passengers using a class A bus.</subsection><subsection number="53-3-412(2)(c)(iv)"> "N" restricts a driver from transporting passengers using a class A or class B bus.</subsection><subsection number="53-3-412(2)(c)(v)"> "P" restricts a driver from having one or more passengers in the vehicle while driving a commercial motor vehicle bus unless the passenger is: <subsection number="53-3-412(2)(c)(v)(A)"> a federal or state auditor or inspector;</subsection><subsection number="53-3-412(2)(c)(v)(B)"> a test examiner;</subsection><subsection number="53-3-412(2)(c)(v)(C)"> another trainee; or</subsection><subsection number="53-3-412(2)(c)(v)(D)"> the CDL holder accompanying the CDIP holder as required in 49 C.F.R. Sec. 383.25.</subsection></subsection><subsection number="53-3-412(2)(c)(vi)"><subsection number="53-3-412(2)(c)(vi)(A)"> "V" indicates that the driver has been issued a variance by the Federal Motor Carrier Safety Administration in reference to the driver's medical certification status.</subsection><subsection number="53-3-412(2)(c)(vi)(B)"> A driver with a "V" restriction shall have the letter outlining the specifications for the variance in the driver's possession along with the driver's commercial driver license when operating a commercial motor vehicle.</subsection></subsection><subsection number="53-3-412(2)(c)(vii)"> "X" restricts a driver from having cargo in a commercial motor vehicle tank vehicle.</subsection></subsection></subsection><subsection number="53-3-412(3)"> A violation of this section is an infraction.</subsection></section><section number="53-3-413"><histories><history>Amended by Chapter <modchap sess="2019GS">382</modchap>, 2019 General Session</history><modyear>2019</modyear></histories><catchline>Issuance of CDL by division -- Driving record -- Expiration date -- Renewal -- Hazardous materials provision.</catchline><subsection number="53-3-413(1)"> Before the division may grant a CDL, the division shall obtain the driving record information regarding the applicant through the CDLIS, the NDR, and from each state where the applicant has been licensed.</subsection><subsection number="53-3-413(2)"> The division shall notify the CDLIS and provide all information required to ensure identification of the CDL holder within 10 days after: <subsection number="53-3-413(2)(a)"> issuing a CDL following application for an original, renewal, transfer, or upgrade of the CDL; or</subsection><subsection number="53-3-413(2)(b)"> any change is made to the identifying information of a CDL holder.</subsection></subsection><subsection number="53-3-413(3)"><subsection number="53-3-413(3)(a)"> The expiration date for a CDL is the birth date of the holder in the fifth year following the year of issuance of the CDL.</subsection><subsection number="53-3-413(3)(b)"> A limited-term CDL expires on:<subsection number="53-3-413(3)(b)(i)"> the expiration date of the period of time of the individual's authorized stay in the United States or on the date provided in Subsection <xref depth="4" refnumber="53-3-413(3)(a)" start="0">(3)(a)</xref>, whichever is sooner; or</subsection><subsection number="53-3-413(3)(b)(ii)"> on the birth date of the applicant in the first year following the year that the limited-term CDL was issued if there is no definite end to the individual's period of authorized stay.</subsection></subsection><subsection number="53-3-413(3)(c)"> A CDL held by an individual ordered to active duty and stationed outside Utah in any of the armed forces of the United States, which expires during the time period the individual is stationed outside of the state, is valid until 90 days after the individual has been discharged or has left the service, unless:<subsection number="53-3-413(3)(c)(i)"> the license is suspended, disqualified, denied, or has been cancelled or revoked by the division; or</subsection><subsection number="53-3-413(3)(c)(ii)"> the licensee updates the information or photograph on the license certificate.</subsection></subsection></subsection><subsection number="53-3-413(4)"><subsection number="53-3-413(4)(a)"> The applicant for a renewal of a CDL shall complete the application form required by Section <xref depth="3" refnumber="53-3-410" start="0">53-3-410</xref> and provide updated information and required certification.</subsection><subsection number="53-3-413(4)(b)"> In addition to the requirements under Subsection <xref depth="4" refnumber="53-3-413(4)(a)" start="0">(4)(a)</xref>, the applicant for a renewal of a limited-term CDL shall present documentary evidence that the status by which the individual originally qualified for the limited-term CDL has been extended by the United States Citizenship and Immigration Services or other authorized agency of the United States Department of Homeland Security.</subsection></subsection><subsection number="53-3-413(5)"> The division shall distinguish a limited-term CDL by clearly indicating on the document: <subsection number="53-3-413(5)(a)"> that it is temporary; and</subsection><subsection number="53-3-413(5)(b)"> its expiration date.</subsection></subsection><subsection number="53-3-413(6)"><subsection number="53-3-413(6)(a)"> The division may not issue a hazardous materials endorsement on a CDL unless the applicant meets the security threat assessment standards of the federal Transportation Security Administration.</subsection><subsection number="53-3-413(6)(b)"> The division shall revoke the hazardous materials endorsement on a CDL upon receiving notice from the federal Transportation Security Administration that the individual holding a hazardous materials endorsement does not meet Transportation Security Administration security threat assessment standards.</subsection><subsection number="53-3-413(6)(c)"> To obtain an original hazardous materials endorsement or retain a hazardous materials endorsement upon CDL renewal or transfer, the applicant must take and pass the knowledge test for hazardous materials endorsement in addition to any other testing required by the division.</subsection></subsection><subsection number="53-3-413(7)"> Unless otherwise provided, the provisions, requirements, classes, endorsements, fees, restrictions, and sanctions under this code apply to a limited-term CDL in the same way as a CDL issued under this chapter.</subsection></section><section number="53-3-414"><histories><history>Amended by Chapter <modchap sess="2026GS">337</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>CDL disqualification or suspension -- Grounds and duration -- Procedure.</catchline><subsection number="53-3-414(1)"><subsection number="53-3-414(1)(a)">An individual who holds or is required to hold a CDL is disqualified from driving a commercial motor vehicle for a period of not less than one year effective seven days from the date of notice to the driver if convicted of a first offense of:<subsection number="53-3-414(1)(a)(i)">driving a motor vehicle while impaired or under the influence of alcohol, drugs, a controlled substance, or more than one of these;</subsection><subsection number="53-3-414(1)(a)(ii)">driving a commercial motor vehicle while the concentration of alcohol in the individual's blood, breath, or urine is .04 grams or more;</subsection><subsection number="53-3-414(1)(a)(iii)">leaving the scene of an accident involving a motor vehicle the individual was driving;</subsection><subsection number="53-3-414(1)(a)(iv)">failing to provide reasonable assistance or identification when involved in an accident resulting in personal injury or death in accordance with Section <xref depth="3" refnumber="41-6a-401.3">41-6a-401.3</xref>;</subsection><subsection number="53-3-414(1)(a)(v)">using a motor vehicle in the commission of a felony;</subsection><subsection number="53-3-414(1)(a)(vi)">refusal to submit to a test to determine the concentration of alcohol in the individual's blood, breath, or urine;</subsection><subsection number="53-3-414(1)(a)(vii)">driving a commercial motor vehicle while the individual's commercial driver license is disqualified in accordance with the provisions of this section for violating an offense described in this section; or</subsection><subsection number="53-3-414(1)(a)(viii)">operating a commercial motor vehicle in a negligent manner causing the death of another including the offenses of manslaughter under Section <xref depth="3" refnumber="76-5-205">76-5-205</xref>, negligent homicide under Section <xref depth="3" refnumber="76-5-206">76-5-206</xref>, or automobile homicide under Section <xref depth="3" refnumber="76-5-207">76-5-207</xref>.</subsection></subsection><subsection number="53-3-414(1)(b)">The division shall subtract from any disqualification period under Subsection <xref depth="4" refnumber="53-3-414(1)(a)(i)">(1)(a)(i)</xref> the number of days for which a license was previously disqualified under Subsection <xref depth="4" refnumber="53-3-414(1)(a)(ii)">(1)(a)(ii)</xref> or <xref depth="4" refnumber="53-3-414(14)">(14)</xref> if the previous disqualification was based on the same occurrence upon which the record of conviction is based.</subsection></subsection><subsection number="53-3-414(2)">If any of the violations under Subsection <xref depth="4" refnumber="53-3-414(1)">(1)</xref> occur while the driver is transporting a hazardous material required to be placarded, the driver is disqualified for not less than three years.</subsection><subsection number="53-3-414(3)"><subsection number="53-3-414(3)(a)">Except as provided under Subsection <xref depth="4" refnumber="53-3-414(4)">(4)</xref>, a driver of a motor vehicle who holds or is required to hold a CDL is disqualified for life from driving a commercial motor vehicle if convicted of or administrative action is taken for two or more of any of the offenses under Subsection <xref depth="4" refnumber="53-3-414(1)">(1)</xref> or <xref depth="4" refnumber="53-3-414(14)">(14)</xref> arising from two or more separate incidents.</subsection><subsection number="53-3-414(3)(b)">An individual who is convicted of or administrative action is taken for an offense under Subsection <xref refnumber="53-3-414(5)" depth="4">(5)</xref>:<subsection number="53-3-414(3)(b)(i)">is disqualified for life from driving a commercial motor vehicle; and</subsection><subsection number="53-3-414(3)(b)(ii)">may not be reinstated under Subsection <xref refnumber="53-3-414(4)" depth="4">(4)</xref>.</subsection></subsection><subsection number="53-3-414(3)(c)">Subsection <xref depth="4" refnumber="53-3-414(3)(a)">(3)(a)</xref> applies only to those offenses committed after July 1, 1989.</subsection></subsection><subsection number="53-3-414(4)"><subsection number="53-3-414(4)(a)">Any driver disqualified for life from driving a commercial motor vehicle under this section may apply to the division for reinstatement of the driver's CDL if the driver:<subsection number="53-3-414(4)(a)(i)">has both voluntarily enrolled in and successfully completed an appropriate rehabilitation program that:<subsection number="53-3-414(4)(a)(i)(A)">meets the standards of the division; and</subsection><subsection number="53-3-414(4)(a)(i)(B)">complies with 49 C.F.R. Sec. 383.51;</subsection></subsection><subsection number="53-3-414(4)(a)(ii)">has served a minimum disqualification period of 10 years; and</subsection><subsection number="53-3-414(4)(a)(iii)">has fully met the standards for reinstatement of commercial motor vehicle driving privileges established by rule of the division.</subsection></subsection><subsection number="53-3-414(4)(b)">If a reinstated driver is subsequently convicted of another disqualifying offense under this section, the driver is permanently disqualified for life and is ineligible to again apply for a reduction of the lifetime disqualification.</subsection></subsection><subsection number="53-3-414(5)">A driver of a motor vehicle who holds or is required to hold a CDL is disqualified for life from driving a commercial motor vehicle if the driver uses a motor vehicle in the commission of any felony involving:<subsection number="53-3-414(5)(a)">the manufacturing, distributing, or dispensing of a controlled substance; or</subsection><subsection number="53-3-414(5)(b)">an act or practice of severe forms of trafficking in persons as defined and described in 22 U.S.C. Sec. 7102(11).</subsection></subsection><subsection number="53-3-414(6)"><subsection number="53-3-414(6)(a)">Subject to Subsection <xref depth="4" refnumber="53-3-414(6)(b)">(6)(b)</xref>, a driver of a commercial motor vehicle who holds or is required to hold a CDL is disqualified for not less than:<subsection number="53-3-414(6)(a)(i)">60 days from driving a commercial motor vehicle if the driver is convicted of two serious traffic violations; and</subsection><subsection number="53-3-414(6)(a)(ii)">120 days if the driver is convicted of three or more serious traffic violations.</subsection></subsection><subsection number="53-3-414(6)(b)">The disqualifications under Subsection <xref depth="4" refnumber="53-3-414(6)(a)">(6)(a)</xref> are effective only if the serious traffic violations:<subsection number="53-3-414(6)(b)(i)">occur within three years of each other;</subsection><subsection number="53-3-414(6)(b)(ii)">arise from separate incidents; and</subsection><subsection number="53-3-414(6)(b)(iii)">involve the use or operation of a commercial motor vehicle.</subsection></subsection><subsection number="53-3-414(6)(c)">If a driver of a commercial motor vehicle who holds or is required to hold a CDL is disqualified from driving a commercial motor vehicle and the division receives notice of a subsequent conviction for a serious traffic violation that results in an additional disqualification period under this Subsection <xref depth="4" refnumber="53-3-414(6)">(6)</xref>, the subsequent disqualification period is effective beginning on the ending date of the current serious traffic violation disqualification period.</subsection></subsection><subsection number="53-3-414(7)"><subsection number="53-3-414(7)(a)">A driver of a commercial motor vehicle who is convicted of violating an out-of-service order while driving a commercial motor vehicle is disqualified from driving a commercial motor vehicle for a period not less than:<subsection number="53-3-414(7)(a)(i)">180 days if the driver is convicted of a first violation;</subsection><subsection number="53-3-414(7)(a)(ii)">two years if, during any 10 year period, the driver is convicted of two violations of out-of-service orders in separate incidents;</subsection><subsection number="53-3-414(7)(a)(iii)">three years but not more than five years if, during any 10 year period, the driver is convicted of three or more violations of out-of-service orders in separate incidents;</subsection><subsection number="53-3-414(7)(a)(iv)">180 days but not more than two years if the driver is convicted of a first violation of an out-of-service order while transporting hazardous materials required to be placarded or while operating a motor vehicle designed to transport 16 or more passengers, including the driver; or</subsection><subsection number="53-3-414(7)(a)(v)">three years but not more than five years if, during any 10 year period, the driver is convicted of two or more violations, in separate incidents, of an out-of-service order while transporting hazardous materials required to be placarded or while operating a motor vehicle designed to transport 16 or more passengers, including the driver.</subsection></subsection><subsection number="53-3-414(7)(b)">A driver of a commercial motor vehicle who is convicted of a first violation of an out-of-service order is subject to a civil penalty of not less than $2,500.</subsection><subsection number="53-3-414(7)(c)">A driver of a commercial motor vehicle who is convicted of a second or subsequent violation of an out-of-service order is subject to a civil penalty of not less than $5,000.</subsection></subsection><subsection number="53-3-414(8)">A driver of a commercial motor vehicle who holds or is required to hold a CDL is disqualified for not less than 60 days if the division determines, in its check of the driver's driver license status, application, and record prior to issuing a CDL or at any time after the CDL is issued, that the driver has falsified information required to apply for a CDL in this state.</subsection><subsection number="53-3-414(9)">A driver of a commercial motor vehicle who is convicted of violating a railroad-highway grade crossing provision under Section <xref depth="3" refnumber="41-6a-1205">41-6a-1205</xref>, while driving a commercial motor vehicle is disqualified from driving a commercial motor vehicle for a period not less than:<subsection number="53-3-414(9)(a)">60 days if the driver is convicted of a first violation;</subsection><subsection number="53-3-414(9)(b)">120 days if, during any three-year period, the driver is convicted of a second violation in separate incidents; or</subsection><subsection number="53-3-414(9)(c)">one year if, during any three-year period, the driver is convicted of three or more violations in separate incidents.</subsection></subsection><subsection number="53-3-414(10)"><subsection number="53-3-414(10)(a)">The division shall update its records and notify the CDLIS within 10 days of suspending, revoking, disqualifying, denying, or cancelling a CDL to reflect the action taken.</subsection><subsection number="53-3-414(10)(b)">When the division suspends, revokes, cancels, or disqualifies a nonresident CDL, the division shall notify the licensing authority of the issuing state or other jurisdiction and the CDLIS within 10 days after the action is taken.</subsection><subsection number="53-3-414(10)(c)">When the division suspends, revokes, cancels, or disqualifies a CDL issued by this state, the division shall notify the CDLIS within 10 days after the action is taken.</subsection></subsection><subsection number="53-3-414(11)"><subsection number="53-3-414(11)(a)">The division may immediately suspend or disqualify the CDL of a driver without a hearing or receiving a record of the driver's conviction when the division has reason to believe that the:<subsection number="53-3-414(11)(a)(i)">CDL was issued by the division through error or fraud;</subsection><subsection number="53-3-414(11)(a)(ii)">applicant provided incorrect or incomplete information to the division;</subsection><subsection number="53-3-414(11)(a)(iii)">applicant cheated on any part of a CDL examination;</subsection><subsection number="53-3-414(11)(a)(iv)">driver no longer meets the fitness standards required to obtain a CDL; or</subsection><subsection number="53-3-414(11)(a)(v)">driver poses an imminent hazard.</subsection></subsection><subsection number="53-3-414(11)(b)">Suspension of a CDL under this Subsection <xref depth="4" refnumber="53-3-414(11)">(11)</xref> shall be in accordance with Section <xref depth="3" refnumber="53-3-221">53-3-221</xref>.</subsection><subsection number="53-3-414(11)(c)">If a hearing is held under Section <xref depth="3" refnumber="53-3-221">53-3-221</xref>, the division shall then rescind the suspension order or cancel the CDL.</subsection></subsection><subsection number="53-3-414(12)"><subsection number="53-3-414(12)(a)">Subject to Subsection <xref depth="4" refnumber="53-3-414(12)(b)">(12)(b)</xref>, a driver of a motor vehicle who holds or is required to hold a CDL is disqualified for not less than:<subsection number="53-3-414(12)(a)(i)">60 days from driving a commercial motor vehicle if the driver is convicted of two serious traffic violations; and</subsection><subsection number="53-3-414(12)(a)(ii)">120 days if the driver is convicted of three or more serious traffic violations.</subsection></subsection><subsection number="53-3-414(12)(b)">The disqualifications under Subsection <xref depth="4" refnumber="53-3-414(12)(a)">(12)(a)</xref> are effective only if the serious traffic violations:<subsection number="53-3-414(12)(b)(i)">occur within three years of each other;</subsection><subsection number="53-3-414(12)(b)(ii)">arise from separate incidents; and</subsection><subsection number="53-3-414(12)(b)(iii)">result in a denial, suspension, cancellation, or revocation of the non-CDL driving privilege from at least one of the violations.</subsection></subsection><subsection number="53-3-414(12)(c)">If a driver of a motor vehicle who holds or is required to hold a CDL is disqualified from driving a commercial motor vehicle and the division receives notice of a subsequent conviction for a serious traffic violation that results in an additional disqualification period under this Subsection <xref depth="4" refnumber="53-3-414(12)">(12)</xref>, the subsequent disqualification period is effective beginning on the ending date of the current serious traffic violation disqualification period.</subsection></subsection><subsection number="53-3-414(13)"><subsection number="53-3-414(13)(a)">Upon receiving a notice that an individual has entered into a plea of guilty or no contest to a violation of a disqualifying offense described in this section which plea is held in abeyance pursuant to a plea in abeyance agreement, the division shall disqualify, suspend, cancel, or revoke the individual's CDL for the period required under this section for a conviction of that disqualifying offense, even if the charge has been subsequently reduced or dismissed in accordance with the plea in abeyance agreement.</subsection><subsection number="53-3-414(13)(b)">The division shall report the plea in abeyance to the CDLIS within 10 days of taking the action under Subsection <xref depth="4" refnumber="53-3-414(13)(a)">(13)(a)</xref>.</subsection><subsection number="53-3-414(13)(c)">A plea which is held in abeyance may not be removed from an individual's driving record for 10 years from the date of the plea in abeyance agreement, even if the charge is:<subsection number="53-3-414(13)(c)(i)">reduced or dismissed in accordance with the plea in abeyance agreement; or</subsection><subsection number="53-3-414(13)(c)(ii)">expunged under Title 77, Chapter 40a, Expungement of Criminal Records.</subsection></subsection></subsection><subsection number="53-3-414(14)">The division shall disqualify the CDL of a driver for an arrest of a violation of Section <xref depth="3" refnumber="41-6a-502">41-6a-502</xref> when administrative action is taken against the operator's driving privilege pursuant to Section <xref depth="3" refnumber="53-3-223">53-3-223</xref> for a period of:<subsection number="53-3-414(14)(a)">one year; or</subsection><subsection number="53-3-414(14)(b)">three years if the violation occurred while transporting hazardous materials.</subsection></subsection><subsection number="53-3-414(15)">The division may concurrently impose any disqualification periods that arise under this section while a driver is disqualified by the Secretary of the United States Department of Transportation under 49 C.F.R. Sec. 383.52 for posing an imminent hazard.</subsection></section><section number="53-3-415"><histories><history>Amended by Chapter <modchap sess="2010GS">196</modchap>, 2010 General Session</history><modyear>2010</modyear></histories><catchline>Limitations on employment of commercial motor vehicle drivers.</catchline><subsection number="53-3-415(1)"> An employer shall require each applicant for employment as a commercial motor vehicle driver to provide the information required in Section <xref depth="3" refid="C53-3-S416_1800010118000101" refnumber="53-3-416" start="0">53-3-416</xref> regarding the applicant's employment history.</subsection><subsection number="53-3-415(2)"> An employer may not knowingly allow, permit, or authorize a driver to drive a commercial motor vehicle during any period when the driver: <subsection number="53-3-415(2)(a)"> has a CDL that is suspended, revoked, or canceled by any state;</subsection><subsection number="53-3-415(2)(b)"> has lost the privilege to drive a commercial motor vehicle in a state;</subsection><subsection number="53-3-415(2)(c)"> has been disqualified from driving a commercial motor vehicle;</subsection><subsection number="53-3-415(2)(d)"> has more than one license;</subsection><subsection number="53-3-415(2)(e)"> is subject to an out-of-service order; or</subsection><subsection number="53-3-415(2)(f)"> is operating a commercial motor vehicle or employed by a motor carrier operation that is subject to an out-of-service order.</subsection></subsection><subsection number="53-3-415(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.</subsection><subsection number="53-3-415(4)"><subsection number="53-3-415(4)(a)"> An employer who violates Subsection <xref depth="4" refid="C53-3-S415_1800010118000101" refnumber="53-3-415(2)(a)" start="0">(2)(a)</xref>, <xref depth="4" refid="C53-3-S415_1800010118000101" refnumber="53-3-415(2)(b)" start="0">(b)</xref>, or <xref depth="4" refid="C53-3-S415_1800010118000101" refnumber="53-3-415(2)(c)" start="0">(c)</xref> during the period the driver has been disqualified under Subsection <xref depth="4" refid="C53-3-S414_1800010118000101" refnumber="53-3-414(9)" start="0">53-3-414(9)</xref> is subject to a civil penalty of not more than $10,000.</subsection><subsection number="53-3-415(4)(b)"> An employer who is convicted of violating Subsection <xref depth="4" refid="C53-3-S415_1800010118000101" refnumber="53-3-415(2)(e)" start="0">(2)(e)</xref> or <xref depth="4" refid="C53-3-S415_1800010118000101" refnumber="53-3-415(2)(f)" start="0">(f)</xref> is subject to a civil penalty of not less than $2,750 nor more than $25,000.</subsection><subsection number="53-3-415(4)(c)"> An employer who is convicted of violating Subsection <xref depth="4" refid="C53-3-S415_1800010118000101" refnumber="53-3-415(3)" start="0">(3)</xref> is subject to a civil penalty of $10,000.</subsection></subsection></section><section number="53-3-416"><histories><history>Amended by Chapter <modchap sess="2010GS">324</modchap>, 2010 General Session</history><modyear>2010</modyear></histories><catchline>Driving record and other information to be provided to employer.</catchline><subsection number="53-3-416(1)"> Each person who drives a commercial motor vehicle who has a CDL issued by this state and who is convicted of violating, in any type of motor vehicle, a state or local law relating to motor vehicle traffic, other than a parking violation, in this or any other state or jurisdiction, shall notify both the division and his current employer of the conviction within 30 days of the date of conviction.</subsection><subsection number="53-3-416(2)"> A driver shall notify his current employer before the end of the business day following the day he receives notice that: <subsection number="53-3-416(2)(a)"> his CDL is suspended, revoked, or canceled by any state;</subsection><subsection number="53-3-416(2)(b)"> he loses the privilege to drive a commercial motor vehicle in any state or other jurisdiction for any period; or</subsection><subsection number="53-3-416(2)(c)"> he is disqualified from driving a commercial motor vehicle for any period.</subsection></subsection><subsection number="53-3-416(3)"> A person who applies to be a commercial motor vehicle driver shall at the time of application provide to the employer the following information for the 10 years prior to the date of application: <subsection number="53-3-416(3)(a)"> a list of the names and addresses of the applicant's previous employers for which the applicant was a driver of a commercial motor vehicle as any part of his employment;</subsection><subsection number="53-3-416(3)(b)"> the dates between which the applicant drove for each employer listed under Subsection <xref depth="4" refid="C53-3-S416_1800010118000101" refnumber="53-3-416(3)(a)" start="0">(3)(a)</xref>; and</subsection><subsection number="53-3-416(3)(c)"> the reason the applicant's employment with each employer listed was terminated.</subsection></subsection><subsection number="53-3-416(4)"><subsection number="53-3-416(4)(a)"> An applicant shall certify that all information provided under this section is true and complete to the best of his knowledge.</subsection><subsection number="53-3-416(4)(b)"> An employer receiving information under this section may require that an applicant provide additional information.</subsection></subsection></section><section number="53-3-417"><histories><history>Amended by Chapter <modchap sess="1998GS">282</modchap>, 1998 General Session</history><modyear>1998</modyear></histories><catchline>Measurable alcohol amount consumed -- Penalty -- Refusal to take test for alcohol.</catchline><subsection number="53-3-417(1)"> A person who holds or is required to hold a CDL may not drive a commercial motor vehicle while there is any measurable or detectable alcohol in his body.</subsection><subsection number="53-3-417(2)"> The division, a port-of-entry agent, or a peace officer shall place a person out-of-service for 24 consecutive hours who: <subsection number="53-3-417(2)(a)"> violates Subsection <xref depth="4" refid="C53-3-S417_1800010118000101" refnumber="53-3-417(1)" start="0">(1)</xref>; or</subsection><subsection number="53-3-417(2)(b)"> refuses a request to submit to a test to determine the alcohol concentration of his blood, breath, or urine.</subsection></subsection></section><section number="53-3-418"><histories><history>Amended by Chapter <modchap sess="2026GS">337</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Prohibited alcohol level for drivers -- Procedures, including hearing.</catchline><subsection number="53-3-418(1)">An individual who holds or is required to hold a CDL may not drive a commercial motor vehicle in this state if the individual:<subsection number="53-3-418(1)(a)">has sufficient alcohol in the individual's body that a subsequent chemical test shows that the individual has a blood or breath alcohol concentration of .04 grams or greater at the time of the test after the alleged driving of the commercial motor vehicle;</subsection><subsection number="53-3-418(1)(b)">is under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to degree that renders the individual incapable of safely driving a commercial motor vehicle; or</subsection><subsection number="53-3-418(1)(c)">has a blood or breath alcohol concentration of .04 grams or greater at the time of driving the commercial motor vehicle.</subsection></subsection><subsection number="53-3-418(2)">An individual who holds or is required to hold a CDL and who drives a commercial motor vehicle in this state is considered to have given the individual's consent to a test or tests of the individual's blood, breath, or urine to determine the concentration of alcohol or the presence of other drugs in the individual's physical system.</subsection><subsection number="53-3-418(3)">If a peace officer or port-of-entry agent has reasonable cause to believe that an individual may be violating this section, the peace officer or port-of-entry agent may request the individual to submit to a chemical test to be administered in compliance with Section <xref depth="3" refnumber="41-6a-515" start="0">41-6a-515</xref>.</subsection><subsection number="53-3-418(4)">When a peace officer or port-of-entry agent requests an individual to submit to a test under this section, the peace officer or port-of-entry agent shall advise the individual that test results showing a violation of Subsection <xref depth="4" refnumber="53-3-418(1)" start="0">(1)</xref> or refusal to submit to a test requested will result in the individual's disqualification under Section <xref depth="3" refnumber="53-3-414" start="0">53-3-414</xref> from driving a commercial motor vehicle.</subsection><subsection number="53-3-418(5)">If test results under this section show a violation of Subsection <xref depth="4" refnumber="53-3-418(1)" start="0">(1)</xref> or the individual refuses to submit to a test requested under this section, a peace officer or port-of-entry agent shall, on behalf of the division and within 24 hours of the arrest, give the individual notice of the division's intention to disqualify the individual's privilege to drive a commercial motor vehicle.</subsection><subsection number="53-3-418(6)">When a peace officer or port-of-entry agent gives notice under Subsection <xref depth="4" refnumber="53-3-418(5)" start="0">(5)</xref>, the peace officer or port-of-entry agent shall:<subsection number="53-3-418(6)(a)">provide the driver, in a manner specified by the division, basic information regarding how to obtain a prompt hearing before the division; and</subsection><subsection number="53-3-418(6)(b)">issue a 24-hour out-of-service order.</subsection></subsection><subsection number="53-3-418(7)">As a matter of procedure, a peace officer or port-of-entry agent shall, within 10 calendar days after the day on which notice is provided, send to the division a copy of the notice, and a report signed by the peace officer or port-of-entry agent that shows the results of any chemical test administered or that the person refused a test.</subsection><subsection number="53-3-418(8)"><subsection number="53-3-418(8)(a)">An individual disqualified under this section has the right to a hearing regarding the disqualification.</subsection><subsection number="53-3-418(8)(b)">The request for the hearing shall be submitted to the division in a manner specified by the division and shall be made within 10 calendar days of the date the notice was issued. </subsection><subsection number="53-3-418(8)(c)">If requested, the hearing shall be conducted within 45 days after the date of arrest.</subsection></subsection><subsection number="53-3-418(9)"><subsection number="53-3-418(9)(a)"><subsection number="53-3-418(9)(a)(i)">Except as provided in Subsection <xref depth="4" refnumber="53-3-418(9)(a)(ii)" start="0">(9)(a)(ii)</xref>, a hearing held under this section shall be held before the division and in:<subsection number="53-3-418(9)(a)(i)(A)">the county where the notice was issued; or</subsection><subsection number="53-3-418(9)(a)(i)(B)">a county that is adjacent to the county where the notice was issued.</subsection></subsection><subsection number="53-3-418(9)(a)(ii)">The division may hold a hearing in another county if the division and the individual both agree.</subsection></subsection><subsection number="53-3-418(9)(b)">The division shall document the hearing and shall determine:<subsection number="53-3-418(9)(b)(i)">whether the peace officer or port-of-entry agent had reasonable grounds to believe the individual had been driving a commercial motor vehicle in violation of this section;</subsection><subsection number="53-3-418(9)(b)(ii)">whether the individual refused to submit to a requested test; and</subsection><subsection number="53-3-418(9)(b)(iii)">each test result obtained.</subsection></subsection><subsection number="53-3-418(9)(c)">In connection with a hearing, the division or the division's authorized agent may: <subsection number="53-3-418(9)(c)(i)">administer oaths and issue subpoenas for the attendance of witnesses and the production of relevant documents; and</subsection><subsection number="53-3-418(9)(c)(ii)">may issue subpoenas for the attendance of necessary peace officers.</subsection></subsection><subsection number="53-3-418(9)(d)">One or more members of the division may conduct the hearing.</subsection><subsection number="53-3-418(9)(e)">After a hearing, a determination made by an authorized agent is valid and binding as if made by the division;</subsection><subsection number="53-3-418(9)(f)">After a hearing under this section the division shall indicate by order if the individual's CDL is disqualified.</subsection><subsection number="53-3-418(9)(g)">If the individual for whom the hearing is held fails to appear before the division as required in the notice, the division shall indicate by order if the individual's CDL is disqualified.</subsection></subsection><subsection number="53-3-418(10)">If the division disqualifies an individual's commercial driving privilege under this section following an administrative hearing, the individual may petition for judicial review as described in Section <xref depth="3" refnumber="53-3-224" start="0">53-3-224</xref> within 30 days after the day on which the division issues a disqualification order.</subsection><subsection number="53-3-418(11)"><subsection number="53-3-418(11)(a)">An individual who violates this section shall be punished in accordance with Section <xref depth="3" refnumber="53-3-414" start="0">53-3-414</xref>.</subsection><subsection number="53-3-418(11)(b)"><subsection number="53-3-418(11)(b)(i)">In accordance with Section <xref depth="3" refnumber="53-3-414" start="0">53-3-414</xref>, the first disqualification under this section shall be for one year, and a second disqualification shall be for life.</subsection><subsection number="53-3-418(11)(b)(ii)">A disqualification under Section <xref depth="3" refnumber="53-3-414" start="0">53-3-414</xref> begins on the 60th day after the date of arrest.</subsection></subsection></subsection><subsection number="53-3-418(12)"><subsection number="53-3-418(12)(a)">In addition to the fees imposed under Section <xref depth="3" refnumber="53-3-205" start="0">53-3-205</xref> for reinstatement of a CDL, a fee under Section <xref depth="3" refnumber="53-3-105" start="0">53-3-105</xref> to cover administrative costs shall be paid before the driving privilege is reinstated.</subsection><subsection number="53-3-418(12)(b)">The division shall void the fees described in Subsection <xref depth="4" refnumber="53-3-418(12)(a)">(12)(a)</xref> if an unappealed hearing at the division or court level determines the disqualification was improper.</subsection></subsection><subsection number="53-3-418(13)">Notwithstanding the provisions of this section, a blood test taken under this section is subject to Section <xref depth="3" refnumber="77-23-213" start="0">77-23-213</xref>.</subsection></section><section number="53-3-419"><histories><history>Amended by Chapter <modchap sess="2011GS">190</modchap>, 2011 General Session</history><modyear>2011</modyear></histories><catchline>Nonresident driver violations reported to resident state.</catchline><subsection number="53-3-419(1)"> When the division receives a report of the conviction or plea in abeyance of a nonresident holder of a CDL for a violation of a state law or local ordinance relating to traffic control, the division shall notify the driver licensing authority in the licensing state within five days of receipt of the report.</subsection><subsection number="53-3-419(2)"> This section does not apply to parking violations.</subsection></section><section number="53-3-420"><histories><history>Amended by Chapter <modchap sess="2015GS">52</modchap>, 2015 General Session</history><modyear>2015</modyear></histories><catchline>Driver's driving record available for certain purposes.</catchline><tab/>The division shall provide the CDL MVR of any holder of a CDIP or CDL within 10 days of a request to:<subsection number="53-3-420(1)"> another state;</subsection><subsection number="53-3-420(2)"> a motor carrier, prospective motor carrier, or authorized agent of a motor carrier or prospective motor carrier after notification to the driver and payment of a fee under Section <xref depth="3" refnumber="53-3-105" start="0">53-3-105</xref>;</subsection><subsection number="53-3-420(3)"> the subject of the record upon request and payment of a fee under Section <xref depth="3" refnumber="53-3-105" start="0">53-3-105</xref>; and</subsection><subsection number="53-3-420(4)"> the Secretary of the United States Department of Transportation.</subsection></section></part><part number="53-3-5"><catchline>Commercial Driver Training Schools Act</catchline><section number="53-3-501"><histories><history>Enacted by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Short title.</catchline><tab/>This part is known as the "Commercial Driver Training Schools Act." </section><section number="53-3-502"><histories><history>Amended by Chapter <modchap sess="2021GS">247</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="53-3-502(1)"><subsection number="53-3-502(1)(a)"> "Commercial driver training school" or "school" means a business enterprise conducted by an individual, association, partnership, or corporation for the education and training of persons, either practically or theoretically, or both, to:<subsection number="53-3-502(1)(a)(i)"> drive motor vehicles, including motorcycles; and</subsection><subsection number="53-3-502(1)(a)(ii)"> prepare an applicant for an examination given by the state for a license or learner permit.</subsection></subsection><subsection number="53-3-502(1)(b)"> A commercial driver training school may charge a consideration or tuition for the services described under Subsection <xref depth="4" refnumber="53-3-502(1)(a)" start="0">(1)(a)</xref>.</subsection></subsection><subsection number="53-3-502(2)"><subsection number="53-3-502(2)(a)"> "Commercial testing only school" means a business enterprise conducted by an individual, association, partnership, or corporation that:<subsection number="53-3-502(2)(a)(i)"> is designated by the division as a commercial testing only school;</subsection><subsection number="53-3-502(2)(a)(ii)"> employs instructors who are certified by the division; and</subsection><subsection number="53-3-502(2)(a)(iii)"> engages only in testing students for the purpose of obtaining a driver license.</subsection></subsection><subsection number="53-3-502(2)(b)"> A commercial testing only school may conduct behind-the-wheel or observation instruction if approved by the division.</subsection><subsection number="53-3-502(2)(c)"> A commercial testing only school may not engage in education or training of persons, either practically or theoretically, or both to drive motor vehicles, except when:<subsection number="53-3-502(2)(c)(i)"> counseling the driver following a test in reference to errors made during the administration of the test; or</subsection><subsection number="53-3-502(2)(c)(ii)"> conducting behind-the-wheel or observation instruction if approved by the division.</subsection></subsection><subsection number="53-3-502(2)(d)"> A commercial testing only school may not test an individual who has completed any behind-the-wheel or observation instruction through the school with which the tester is employed.</subsection></subsection><subsection number="53-3-502(3)"> "Instructor" means a person, whether acting as an operator of a commercial driver training school or for a school for compensation, who: <subsection number="53-3-502(3)(a)"> teaches, conducts classes of, gives demonstrations to, or supervises practice of persons learning to drive motor vehicles, including motorcycles;</subsection><subsection number="53-3-502(3)(b)"> prepares persons to take an examination for a license or learner permit; or</subsection><subsection number="53-3-502(3)(c)"> supervises the work of any other instructor.</subsection></subsection><subsection number="53-3-502(4)"> "Observation time" means a period of time during which a driver education student observes another student, instructor, or road user.</subsection><subsection number="53-3-502(5)"> "School operator" means a person who: <subsection number="53-3-502(5)(a)"> is certified as an instructor;</subsection><subsection number="53-3-502(5)(b)"> has met the requirements for school operator status as established by the division;</subsection><subsection number="53-3-502(5)(c)"> is authorized or certified to operate or manage a driver training school; and</subsection><subsection number="53-3-502(5)(d)"> may supervise the work of another instructor.</subsection></subsection></section><section number="53-3-503"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Exemption for college, university, and high school programs.</catchline><tab/>This part does not apply to any person giving driver training lessons to schools or classes conducted by colleges, universities, and high schools for regularly enrolled full-time students as a part of the normal program for the institutions. </section><section number="53-3-504"><histories><history>Amended by Chapter <modchap sess="2006GS">266</modchap>, 2006 General Session</history><modyear>2006</modyear></histories><catchline>Licenses required -- Inspections.</catchline><subsection number="53-3-504(1)"> A commercial driver training school or a commercial testing only school may be established only if the school applies for and obtains a license from the division.</subsection><subsection number="53-3-504(2)"> A person may act as an instructor or school operator only if the person applies for and obtains a license from the division.</subsection><subsection number="53-3-504(3)"> The division shall inspect the school facilities and equipment of applicants and licensees and examine applicants for instructor's licenses.</subsection><subsection number="53-3-504(4)"> The division shall administer and enforce this part.</subsection></section><section number="53-3-505"><histories><history>Amended by Chapter <modchap sess="2021GS">247</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>School license -- Contents of rules.</catchline><subsection number="53-3-505(1)"> In accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, the commissioner shall make rules regarding the requirements for: <subsection number="53-3-505(1)(a)"> a school license, including requirements concerning:<subsection number="53-3-505(1)(a)(i)"> locations;</subsection><subsection number="53-3-505(1)(a)(ii)"> equipment;</subsection><subsection number="53-3-505(1)(a)(iii)"> courses of instruction;</subsection><subsection number="53-3-505(1)(a)(iv)"> curriculum on air quality, based on data and information provided by the Division of Air Quality, including: <subsection number="53-3-505(1)(a)(iv)(A)"> instruction on ways drivers can improve air quality; and</subsection><subsection number="53-3-505(1)(a)(iv)(B)"> the harmful effects of vehicle emissions;</subsection></subsection><subsection number="53-3-505(1)(a)(v)"> instructors;</subsection><subsection number="53-3-505(1)(a)(vi)"> previous records of the school and instructors;</subsection><subsection number="53-3-505(1)(a)(vii)"> financial statements;</subsection><subsection number="53-3-505(1)(a)(viii)"> schedule of fees and charges;</subsection><subsection number="53-3-505(1)(a)(ix)"> character and reputation of the operators and instructors;</subsection><subsection number="53-3-505(1)(a)(x)"> insurance as the commissioner determines necessary to protect the interests of the public; and</subsection><subsection number="53-3-505(1)(a)(xi)"> other provisions the commissioner may prescribe for the protection of the public; and</subsection></subsection><subsection number="53-3-505(1)(b)"> an instructor's license, including requirements concerning:<subsection number="53-3-505(1)(b)(i)"> moral character;</subsection><subsection number="53-3-505(1)(b)(ii)"> physical condition;</subsection><subsection number="53-3-505(1)(b)(iii)"> knowledge of the courses of instruction;</subsection><subsection number="53-3-505(1)(b)(iv)"> motor vehicle laws and safety principles and practices;</subsection><subsection number="53-3-505(1)(b)(v)"> previous personnel and employment records; and</subsection><subsection number="53-3-505(1)(b)(vi)"> other provisions the commissioner may prescribe for the protection of the public;</subsection></subsection><subsection number="53-3-505(1)(c)"> applications for licenses; and</subsection><subsection number="53-3-505(1)(d)"> minimum standards for:<subsection number="53-3-505(1)(d)(i)"> driving simulation devices that are fully interactive under Subsection <xref depth="4" refnumber="53-3-505.5(2)(b)" start="0">53-3-505.5(2)(b)</xref>; and</subsection><subsection number="53-3-505(1)(d)(ii)"> driving simulation devices that are not fully interactive under Subsection <xref depth="4" refnumber="53-3-505.5(2)(c)" start="0">53-3-505.5(2)(c)</xref>.</subsection></subsection></subsection><subsection number="53-3-505(2)"><subsection number="53-3-505(2)(a)"> Rules made by the commissioner may not require observation time to observe the instructor, another student driver, or another road user.</subsection><subsection number="53-3-505(2)(b)"> The prohibition on rulemaking described in Subsection <xref depth="4" refnumber="53-3-505(2)(a)" start="0">(2)(a)</xref> does not prohibit a commercial driver education school or other driver education program from including observation time as part of a driver education curriculum.</subsection></subsection><subsection number="53-3-505(3)"> Rules made by the commissioner shall require that a commercial driver training school offering motorcycle rider education meet or exceed the standards established by the Motorcycle Safety Foundation.</subsection><subsection number="53-3-505(4)"> Rules made by the commissioner shall require that an instructor of motorcycle rider education meet or exceed the standards for certification established by the Motorcycle Safety Foundation.</subsection><subsection number="53-3-505(5)"> The commissioner may call upon the state superintendent of public instruction for assistance in formulating appropriate rules.</subsection></section><section number="53-3-505.5"><histories><history>Amended by Chapter <modchap sess="2018GS">415</modchap>, 2018 General Session</history><modyear>2018</modyear></histories><catchline>Behind-the-wheel training requirements.</catchline><subsection number="53-3-505.5(1)"> Except as provided under Subsection <xref depth="4" refnumber="53-3-505.5(2)" start="0">(2)</xref>, a driver education course under this part or <xref depth="2" refnumber="53G-10-5" start="0">Title 53G, Chapter 10, Part 5, Driver Education Classes</xref>, that is used to satisfy the driver training requirement under Section <xref depth="3" refnumber="53-3-204" start="0">53-3-204</xref> shall require each student to complete at least six hours of behind-the-wheel driving a dual-control motor vehicle with a certified instructor seated in the front seat next to the student driver.</subsection><subsection number="53-3-505.5(2)"> Up to three hours of the behind-the-wheel driving may be substituted as follows: <subsection number="53-3-505.5(2)(a)"> two hours of range driving on an approved driving range under Section <xref depth="3" refnumber="53G-10-502" start="0">53G-10-502</xref> equals one hour of the behind-the-wheel driving required under Subsection <xref depth="4" refnumber="53-3-505.5(1)" start="0">(1)</xref>;</subsection><subsection number="53-3-505.5(2)(b)"> two hours of driving simulation practice on a driving simulation device that is fully interactive as set forth in rules made under Section <xref depth="3" refnumber="53-3-505" start="0">53-3-505</xref>, equals one hour of the behind-the-wheel driving required under Subsection <xref depth="4" refnumber="53-3-505.5(1)" start="0">(1)</xref>; and</subsection><subsection number="53-3-505.5(2)(c)"> four hours of driving simulation practice on a driving simulation device that is not fully interactive as set forth in rules made under Section <xref depth="3" refnumber="53-3-505" start="0">53-3-505</xref>, equals one hour of the behind-the-wheel driving required under Subsection <xref depth="4" refnumber="53-3-505.5(1)" start="0">(1)</xref>, with a maximum of one hour of the behind-the-wheel driving required under Subsection <xref depth="4" refnumber="53-3-505.5(1)" start="0">(1)</xref> that may be substituted under this Subsection <xref depth="4" refnumber="53-3-505.5(2)(c)" start="0">(2)(c)</xref>.</subsection></subsection><subsection number="53-3-505.5(3)"> The behind-the-wheel driving required under Subsection <xref depth="4" refnumber="53-3-505.5(1)" start="0">(1)</xref> shall include, if feasible, driving on interstate and other multilane highways.</subsection></section><section number="53-3-506"><histories><history>Amended by Chapter <modchap sess="2009GS">183</modchap>, 2009 General Session</history><modyear>2009</modyear></histories><catchline>License expiration and renewal -- Fee required -- Disposition of revenue.</catchline><subsection number="53-3-506(1)"><subsection number="53-3-506(1)(a)"> All commercial driver training school licenses, commercial testing only school licenses, school operator licenses, and instructor licenses:<subsection number="53-3-506(1)(a)(i)"> expire one year from the date of issuance; and</subsection><subsection number="53-3-506(1)(a)(ii)"> may be renewed upon application to the commissioner as prescribed by rule.</subsection></subsection><subsection number="53-3-506(1)(b)"> Each application for an original or renewal school license, school operator license, or instructor license shall be accompanied by a fee determined by the department under Section <xref depth="3" refid="C63J-1-S504_1800010118000101" refnumber="63J-1-504" start="0">63J-1-504</xref>.</subsection><subsection number="53-3-506(1)(c)"> A license fee may not be refunded if the license is rejected, suspended, or revoked.</subsection></subsection><subsection number="53-3-506(2)"> The license fees collected under this part shall be: <subsection number="53-3-506(2)(a)"> placed in a fund designated as the "Commercial Driver Training Law Fund"; and </subsection><subsection number="53-3-506(2)(b)"> used under the supervision and direction of the director of the Division of Finance for the administration of this part.</subsection></subsection></section><section number="53-3-507"><histories><history>Amended by Chapter <modchap sess="2006GS">266</modchap>, 2006 General Session</history><modyear>2006</modyear></histories><catchline>Licenses -- Cancellation, revocation, or refusal to issue or renew -- Ineligibility for license.</catchline><subsection number="53-3-507(1)"> The department may cancel, revoke, or refuse to issue or renew a commercial driver training school, commercial testing only school, school operator, or instructor license if it finds that the licensee or applicant has not complied with, or has violated this part or any rule made by the division.</subsection><subsection number="53-3-507(2)"> A licensee: <subsection number="53-3-507(2)(a)"> shall return a canceled or revoked license to the division; and</subsection><subsection number="53-3-507(2)(b)"> is not eligible to apply for a license under this part until six months have elapsed since the date of a cancellation or revocation under this section.</subsection></subsection></section><section number="53-3-508"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Local boards of education may conduct class for adults.</catchline><tab/>Local boards of education, with the consent of the division, may conduct classes in driver education for adult members of the district in those areas of the state where no commercial driver training course is available, and may charge a fee not to exceed the cost of the training. </section><section number="53-3-509"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Violations -- Penalties.</catchline><tab/>A violation of this part is a class C misdemeanor. </section><section number="53-3-510"><histories><history>Amended by Chapter <modchap sess="2008GS">382</modchap>, 2008 General Session</history><modyear>2008</modyear></histories><catchline>Instructors certified to administer skills tests.</catchline><subsection number="53-3-510(1)"><subsection number="53-3-510(1)(a)"> The division shall establish procedures and standards to certify licensed instructors of driver training courses under this part to administer skills tests.</subsection><subsection number="53-3-510(1)(b)"> An instructor may not administer a skills test under this section to a student that took the course from the same school or the same instructor.</subsection></subsection><subsection number="53-3-510(2)"> The division is the certifying authority.</subsection><subsection number="53-3-510(3)"><subsection number="53-3-510(3)(a)"> Subject to Subsection <xref depth="4" refid="C53-3-S510_1800010118000101" refnumber="53-3-510(1)" start="0">(1)</xref>, an instructor certified under this section may give skills tests designed for driver training courses authorized under this part.</subsection><subsection number="53-3-510(3)(b)"> The division shall establish minimal standards for the test that is at least as difficult as those required to receive a class D operator's license under <xref depth="1" refid="C53-3_1800010118000101" refnumber="53-3" start="0">Title 53, Chapter 3, Uniform Driver License Act</xref>.</subsection><subsection number="53-3-510(3)(c)"> A student who fails the skills test given by an instructor certified under this section may apply for a class D operator's license under <xref depth="2" refid="C53-3-P2_1800010118000101" refnumber="53-3-2" start="0">Title 53, Chapter 3, Part 2, Driver Licensing Act</xref>, and complete the skills test at a division office.</subsection></subsection><subsection number="53-3-510(4)"> A student who successfully passes the test given by a certified driver training instructor under this section satisfies the driving parts of the test required for a class D operator's license.</subsection><subsection number="53-3-510(5)"> The division shall establish procedures to enable licensed commercial driver training schools to administer or process the skills test authorized under this section for a class D operator's license.</subsection><subsection number="53-3-510(6)"> The division shall establish the standards and procedures required under this section by rules made in accordance with <xref depth="1" refid="C63G-3_1800010118000101" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>.</subsection></section></part><part number="53-3-6"><catchline>Drivers' License Compact</catchline><section number="53-3-601"><histories><history>Enacted by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Short title.</catchline><tab/>This part is known as the "Drivers' License Compact." </section><section number="53-3-602"><histories><history>Enacted by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="53-3-602(1)"> "Executive head" means the governor.</subsection><subsection number="53-3-602(2)"> "Licensing authority" means the department, the division, or both as the text may require.</subsection></section><section number="53-3-603"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Ratification.</catchline><tab/>The Drivers' License Compact is ratified for the state and is entered into with all other jurisdictions legally joining in the compact. </section><section number="53-3-604"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Text of compact -- Party states to report traffic violations and exchange driving record information in home state of driver.</catchline><tab/><center>DRIVERS' LICENSE COMPACT</center><eol/><center>ARTICLE I</center><eol/><center>Findings and Declaration of Policy</center><eol/><tab/>(1) The party states find that:<eol/><tab/>(a) The safety of their streets and highways is materially affected by the degree of compliance with state and local ordinances relating to the operation of motor vehicles.<eol/><tab/>(b) Violation of a law or ordinance relating to the operation of motor vehicles is evidence that the violator engages in conduct that is likely to endanger the safety of persons and property.<eol/><tab/>(c) A license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles, in whichever jurisdiction the vehicle is operated.<eol/><tab/>(2) It is the policy of each of the party states to:<eol/><tab/>(a) promote compliance with the laws, ordinances, and administrative rules and regulations relating to the operation of motor vehicles by their operators in each of the jurisdictions where the operators drive motor vehicles; and<eol/><tab/>(b) make the reciprocal recognition of licenses to drive and eligibility for licenses more just and equitable by considering the over-all compliance with motor vehicle laws, ordinances, and administrative rules and regulations as a condition precedent to renewing a license authorizing or permitting operation of a motor vehicle in any of the party states.<eol/><center>ARTICLE II</center><eol/><center>Definitions</center><eol/><tab/>As used in this compact:<eol/><tab/>(1) "State" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.<eol/><tab/>(2) "Home state" means the state that has issued and has the power to suspend or revoke the use of the license or permit to operate a motor vehicle.<eol/><tab/>(3) "Conviction" means a conviction of any offense related to the use or operation of a motor vehicle that is prohibited by state law, municipal ordinance, or administrative rule or regulation, or a forfeiture of bail, bond, or other security deposited to secure appearance by a person charged with having committed any offense, and which conviction or forfeiture is required to be reported to the licensing authority.<eol/><center>ARTICLE III</center><eol/><center>Reports of Conviction</center><eol/><tab/>(1) The licensing authority of a party state shall report each conviction of a person from another party state occurring within its jurisdiction to the licensing authority of the home state of the licensee.<eol/><tab/>(2) The report shall clearly:<eol/><tab/>(a) identify the person convicted;<eol/><tab/>(b) describe the violation specifying the section of the statute, code, or ordinance violated;<eol/><tab/>(c) identify the court in which action was taken;<eol/><tab/>(d) indicate whether a plea of guilty or not guilty was entered, or the conviction was a result of the forfeiture of bail, bond, or other security; and<eol/><tab/>(e) include any special findings made in connection with the conviction.<eol/><center>ARTICLE IV</center><eol/><center>Effect of Conviction</center><eol/><tab/>(1) The licensing authority in the home state, for the purposes of suspension, revocation, or limitation of the license to operate a motor vehicle, shall give the same effect to the conduct reported, pursuant to Article III of this compact, as it would if the conduct had occurred in the home state, in the case of convictions for:<eol/><tab/>(a) manslaughter or negligent homicide resulting from the operation of a motor vehicle;<eol/><tab/>(b) driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree that renders the driver incapable of safely driving a motor vehicle;<eol/><tab/>(c) any felony in the commission of which a motor vehicle is used; and<eol/><tab/>(d) failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.<eol/><tab/>(2) As to other convictions, reported pursuant to Article III, the licensing authority in the home state shall give the same effect to the conduct as provided by laws of the home state.<eol/><tab/>(3) If the laws of a party state do not provide for offenses or violations denominated or described in precisely the words employed in Subsection (1) of this article, the party state shall construe the denominations and descriptions appearing in Subsection (1) as applying to and identifying those offenses or violations of a substantially similar nature and the laws of the party state shall contain provisions as necessary to ensure that full force and effect is given in this article.<eol/><center>ARTICLE V</center><eol/><center>Applications for New Licenses</center><eol/><tab/>(1) Upon application for a license to drive, the licensing authority in a party state shall ascertain whether the applicant has ever held, or is the holder of a license to drive issued by any other party state.<eol/><tab/>(2) The licensing authority in the state where application is made shall not issue a license to drive to the applicant if the applicant:<eol/><tab/>(a) has held a license, but the license has been suspended by reason, in whole or in part, of a violation and if the suspension period has not terminated;<eol/><tab/>(b) has held a license, but the license has been revoked by reason, in whole or in part, of a violation and if the revocation has not terminated, except that after the expiration of one year from the date the license was revoked, the person may make application for a new license if permitted by law, which the authority may refuse to issue if, after investigation, the licensing authority determines that it will not be safe to grant to the person the privilege of driving a motor vehicle on the public highways; or<eol/><tab/>(c) is the holder of a license to drive issued by another party state and currently in force unless the applicant surrenders the license.<eol/><center>ARTICLE VI</center><eol/><center>Applicability of Other Laws</center><eol/><tab/>Except as expressly required by this compact, nothing in this part affects the right of any party state to apply any of its other laws relating to licenses to drive to any person or circumstance, or invalidates or prevents any driver license agreement or other cooperative arrangement between a party state and a nonparty state.<eol/><center>ARTICLE VII</center><eol/><center>Compact Administrator and Interchange of Information</center><eol/><tab/>(1) (a) The head of the licensing authority of each party state is the administrator of this compact for his state.<eol/><tab/>(b) The administrators, acting jointly have the power to formulate all necessary and proper procedures for the exchange of information under this compact.<eol/><tab/>(2) The administrator of each party state shall furnish to the administrator of each other party state any information or documents reasonably necessary to facilitate the administration of this compact.<eol/><center>ARTICLE VIII</center><eol/><center>Entry into Force and Withdrawal</center><eol/><tab/>(1) This compact shall enter into force and become effective as to any state when it has enacted the compact into law.<eol/><tab/>(2) Any party state may withdraw from this compact by enacting a statute repealing the compact, but no withdrawal takes effect until six months after the executive head of the withdrawing state has given notice of the withdrawal to the executive heads of all other party states.<eol/><tab/>(3) A withdrawal may not affect the validity or applicability by the licensing authorities of states remaining party to the compact of any report of conviction occurring prior to the withdrawal.<eol/><center>ARTICLE IX</center><eol/><center>Construction and Severability</center><eol/><tab/>(1) This compact shall be liberally construed to effectuate the purposes of the compact.<eol/><tab/>(2) The provisions of this compact are severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability of the compact to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance is not affected by the holding.<eol/><tab/>(3) If this compact is held contrary to the constitution of any party state, the compact remains in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.</section><section number="53-3-605"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Furnishing information and documents.</catchline><tab/>The department shall furnish to the appropriate authorities of other party states any information or documents reasonably necessary to facilitate the administration of Articles III, IV, and V of the compact. </section><section number="53-3-606"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Expenses of compact administrator.</catchline><tab/>The compact administrator provided for in Article VII of the compact is not entitled to any additional compensation on account of his service as administrator, but is entitled to expenses incurred in connection with his duties and responsibilities as administrator, in the same manner as for expenses incurred in connection with any other duties or responsibilities of his office or employment. </section><section number="53-3-607"><histories><history>Amended by Chapter <modchap sess="2001GS">85</modchap>, 2001 General Session</history><modyear>2001</modyear></histories><catchline>Court and agency reporting of actions to department.</catchline><tab/>Any court or other agency of this state, or a subdivision of the state that has jurisdiction to take any action suspending, revoking, or otherwise limiting a license to drive, shall report any action suspending, revoking, or limiting a license to drive and the adjudication upon which it is based, to the department within ten days, in a manner specified by the department. </section></part><part number="53-3-7"><catchline>Nonresident Violator Compact</catchline><section number="53-3-701"><histories><history>Enacted by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Short title.</catchline><tab/>This part is known as the "Nonresident Violator Compact." </section><section number="53-3-702"><histories><history>Amended by Chapter <modchap sess="1998GS">282</modchap>, 1998 General Session</history><modyear>1998</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="53-3-702(1)"> "Citation" means a summons, ticket, or other official document issued by a peace officer for a traffic violation, containing an order that requires the motorist to respond.</subsection><subsection number="53-3-702(2)"> "Collateral" means cash or other security deposited to secure an appearance for trial, following the issuance by a peace officer of a citation for a traffic violation.</subsection><subsection number="53-3-702(3)"> "Court" means a court of law or traffic tribunal.</subsection><subsection number="53-3-702(4)"> "Driver license" means a license or privilege to operate a motor vehicle issued under the laws of the home jurisdiction.</subsection><subsection number="53-3-702(5)"> "Home jurisdiction" means the jurisdiction that issued the driver's license of the traffic violator.</subsection><subsection number="53-3-702(6)"> "Issuing jurisdiction" means the jurisdiction in which the traffic citation was issued to the motorist.</subsection><subsection number="53-3-702(7)"> "Jurisdiction" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.</subsection><subsection number="53-3-702(8)"> "Motorist" means a driver of a motor vehicle operating in a party jurisdiction other than the home jurisdiction.</subsection><subsection number="53-3-702(9)"> "Personal recognizance" means an agreement by a motorist made at the time of issuance of the traffic citation that he will comply with the terms of that traffic citation.</subsection><subsection number="53-3-702(10)"> "Terms of the citation" means those options expressly stated upon the citation.</subsection></section><section number="53-3-703"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Violations exempted from compact.</catchline><tab/>This compact does not apply to:<subsection number="53-3-703(1)"> parking or standing violations;</subsection><subsection number="53-3-703(2)"> highway weight limit violations; and</subsection><subsection number="53-3-703(3)"> violations of law governing the transportation of hazardous materials.</subsection></section><section number="53-3-704"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Authority to enter compact.</catchline><tab/>The director of the division shall execute all documents and perform all other acts necessary to enter into and carry out this part. </section><section number="53-3-705"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Procedures for issuing traffic citation.</catchline><tab/>The following is the procedure of the issuing jurisdiction:<subsection number="53-3-705(1)"> When issuing a citation for a traffic violation, a peace officer shall issue the citation to a motorist who possesses a driver license issued by a party jurisdiction and shall not, subject to the exceptions noted in Subsection <xref depth="4" refid="C53-3-S705_1800010118000101" refnumber="53-3-705(2)" start="0">(2)</xref>, require the motorist to post collateral to secure appearance if the officer receives the motorist's personal recognizance that he or she will comply with the terms of the citation.</subsection><subsection number="53-3-705(2)"> Personal recognizance is acceptable only if not prohibited by law. If mandatory appearance is required, it must take place immediately following issuance of the citation.</subsection><subsection number="53-3-705(3)"><subsection number="53-3-705(3)(a)"> Upon failure of a motorist to comply with the terms of a traffic citation, the appropriate official shall report the failure to comply to the licensing authority of the jurisdiction in which the traffic citation was issued.</subsection><subsection number="53-3-705(3)(b)"> The report shall be made in accordance with procedures specified by the issuing jurisdiction and shall contain information as specified in the compact manual as minimum requirements for effective processing by the home jurisdiction.</subsection></subsection><subsection number="53-3-705(4)"> Upon receipt of the report, the licensing authority of the issuing jurisdiction shall transmit to the licensing authority in the home jurisdiction of the motorist the information in a form and content contained in the compact manual.</subsection><subsection number="53-3-705(5)"> The licensing authority of the issuing jurisdiction may not suspend the privilege of a motorist for whom a report has been transmitted.</subsection><subsection number="53-3-705(6)"> The licensing authority of the issuing jurisdiction may not transmit a report on any violation if the date of transmission is more than six months after the date on which the traffic citation was issued.</subsection><subsection number="53-3-705(7)"> The licensing authority of the issuing jurisdiction shall not transmit a report on any violation where the date of issuance of the citation predates the most recent of the effective dates of entry for the two jurisdictions affected.</subsection></section><section number="53-3-706"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Procedure for home jurisdictions upon report of a licensee's failure to comply with out-of-state authority.</catchline><tab/>The following is the procedure for the home jurisdiction:<subsection number="53-3-706(1)"><subsection number="53-3-706(1)(a)"> Upon receipt of a report of a failure to comply from the licensing authority of the issuing jurisdiction, the licensing authority of the home jurisdiction may notify the motorist and initiate a suspension action, in accordance with the home jurisdiction's procedures, and suspend the motorist's driver license until satisfactory evidence of compliance with the terms of the traffic citation has been furnished to the home jurisdiction licensing authority.</subsection><subsection number="53-3-706(1)(b)"> Due process safeguards will be accorded.</subsection></subsection><subsection number="53-3-706(2)"> The licensing authority of the home jurisdiction shall maintain a record of actions taken and make reports to issuing jurisdictions as provided in the compact manual.</subsection></section><section number="53-3-707"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Rights of party jurisdictions not affected by compact.</catchline><tab/>Except as expressly required by the compact, nothing contained in this part affects the right of any party jurisdiction to apply any of its other laws relating to licenses to drive to any person or circumstance, or to invalidate or prevent any driver license agreement or other cooperative arrangement between a party jurisdiction and a nonparty jurisdiction. </section><section number="53-3-708"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Compact administrator.</catchline><tab/>The director of the division is the compact administrator for the state. </section><section number="53-3-709"><histories><history>Amended by Chapter <modchap sess="2015GS">52</modchap>, 2015 General Session</history><modyear>2015</modyear></histories><catchline>Amendment of compact.</catchline><subsection number="53-3-709(1)"><subsection number="53-3-709(1)(a)"> This compact may be amended from time to time.</subsection><subsection number="53-3-709(1)(b)"> Amendments shall be presented in resolution form to the chairman of the board of compact administrators and may be initiated by one or more party jurisdictions.</subsection></subsection><subsection number="53-3-709(2)"> Adoption of an amendment requires endorsement of all party jurisdictions and becomes effective 30 days after the date of the last endorsement.</subsection><subsection number="53-3-709(3)"><subsection number="53-3-709(3)(a)"> Failure of a party jurisdiction to respond to the compact chairman within 120 days after receipt of the proposed amendment constitutes endorsement.</subsection><subsection number="53-3-709(3)(b)"> A report authorized by Section <xref depth="3" refnumber="53-3-104" start="0">53-3-104</xref> may not contain any evidence of a suspension that occurred as a result of failure to comply with the requirements of this part.</subsection><subsection number="53-3-709(3)(c)"> The provisions of Subsection <xref depth="4" refnumber="53-3-709(3)(b)" start="0">(3)(b)</xref> do not apply to:<subsection number="53-3-709(3)(c)(i)"> a CDIP or CDL license holder; or</subsection><subsection number="53-3-709(3)(c)(ii)"> a violation that occurred in a commercial motor vehicle.</subsection></subsection></subsection></section></part><part number="53-3-8"><catchline>Identification Card Act</catchline><section number="53-3-802"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="53-3-802(1)"> "Adult" means a person 21 years of age or older.</subsection><subsection number="53-3-802(2)"> "Identification card" means a card for identification issued under this part.</subsection><subsection number="53-3-802(3)"> "Minor" means a person younger than 21 years of age.</subsection></section><section number="53-3-803"><histories><history>Amended by Chapter <modchap sess="2021GS">191</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Application for identification card -- Age requirements -- Application on behalf of others.</catchline><subsection number="53-3-803(1)"> A person at least 16 years old or older may apply to the division for an identification card.</subsection><subsection number="53-3-803(2)"> A person younger than 16 years old may apply to the division for an identification card with the consent of the applicant's parent or guardian.</subsection><subsection number="53-3-803(3)"><subsection number="53-3-803(3)(a)"> If a person is unable to apply for the card due to his youth or incapacitation, the application may be made on behalf of that person by his parent or guardian.</subsection><subsection number="53-3-803(3)(b)"> A parent or guardian applying for an identification card on behalf of a child or incapacitated person shall provide:<subsection number="53-3-803(3)(b)(i)"> identification, as required by the commissioner; and</subsection><subsection number="53-3-803(3)(b)(ii)"> the consent of the incapacitated person, as required by the commissioner.</subsection></subsection></subsection><subsection number="53-3-803(4)"> The division may not issue a Utah identification card or an extension of a regular identification card to a person who holds an unexpired Utah license certificate issued under <xref depth="2" refnumber="53-3-2" start="2">Part 2, Driver Licensing Act</xref> unless: <subsection number="53-3-803(4)(a)"> the Utah license certificate is canceled; and</subsection><subsection number="53-3-803(4)(b)"> if the Utah license certificate is in the person's possession, the Utah license certificate is surrendered to the division.</subsection></subsection></section><section number="53-3-804"><histories><history>Amended by Chapter <modchap sess="2025GS">291</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Application for identification card -- Required information -- Release of anatomical gift information -- Cancellation of identification card.</catchline><subsection number="53-3-804(1)">To apply for a regular identification card or limited-term identification card, an applicant shall:<subsection number="53-3-804(1)(a)">be a Utah resident;</subsection><subsection number="53-3-804(1)(b)">have a Utah residence address; and</subsection><subsection number="53-3-804(1)(c)">appear in person at any license examining station.</subsection></subsection><subsection number="53-3-804(2)">An applicant shall provide the following information to the division:<subsection number="53-3-804(2)(a)">true and full legal name and Utah residence address;</subsection><subsection number="53-3-804(2)(b)">date of birth as set forth in a certified copy of the applicant's birth certificate, or other satisfactory evidence of birth, which shall be attached to the application;</subsection><subsection number="53-3-804(2)(c)"><subsection number="53-3-804(2)(c)(i)">social security number; or</subsection><subsection number="53-3-804(2)(c)(ii)">written proof that the applicant is ineligible to receive a social security number;</subsection></subsection><subsection number="53-3-804(2)(d)">place of birth;</subsection><subsection number="53-3-804(2)(e)">height and weight;</subsection><subsection number="53-3-804(2)(f)">color of eyes and hair;</subsection><subsection number="53-3-804(2)(g)">signature;</subsection><subsection number="53-3-804(2)(h)">photograph;</subsection><subsection number="53-3-804(2)(i)">evidence of the applicant's lawful presence in the United States by providing documentary evidence:<subsection number="53-3-804(2)(i)(i)">that the applicant is:<subsection number="53-3-804(2)(i)(i)(A)">a United States citizen;</subsection><subsection number="53-3-804(2)(i)(i)(B)">a United States national; or</subsection><subsection number="53-3-804(2)(i)(i)(C)">a legal permanent resident alien; or</subsection></subsection><subsection number="53-3-804(2)(i)(ii)">of the applicant's:<subsection number="53-3-804(2)(i)(ii)(A)">unexpired immigrant or nonimmigrant visa status for admission into the United States;</subsection><subsection number="53-3-804(2)(i)(ii)(B)">pending or approved application for asylum in the United States;</subsection><subsection number="53-3-804(2)(i)(ii)(C)">admission into the United States as a refugee;</subsection><subsection number="53-3-804(2)(i)(ii)(D)">pending or approved application for temporary protected status in the United States;</subsection><subsection number="53-3-804(2)(i)(ii)(E)">approved deferred action status;</subsection><subsection number="53-3-804(2)(i)(ii)(F)">pending application for adjustment of status to legal permanent resident or conditional resident; or</subsection><subsection number="53-3-804(2)(i)(ii)(G)">conditional permanent resident alien status;</subsection></subsection></subsection><subsection number="53-3-804(2)(j)">an indication whether the applicant intends to make an anatomical gift under Title 26B, Chapter 8, Part 3, Revised Uniform Anatomical Gift Act;</subsection><subsection number="53-3-804(2)(k)">an indication whether the applicant is required to register as a sex offender, kidnap offender, or child abuse offender in accordance with Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry; and</subsection><subsection number="53-3-804(2)(l)">an indication whether the applicant is a veteran of the United States Armed Forces, verification that the applicant has received an honorable or general discharge from the United States Armed Forces, and an indication whether the applicant does or does not authorize sharing the information with the state Department of Veterans and Military Affairs.</subsection></subsection><subsection number="53-3-804(3)"><subsection number="53-3-804(3)(a)">The requirements of Section <xref depth="3" refnumber="53-3-234">53-3-234</xref> apply to this section for each individual, age 16 and older, applying for an identification card.</subsection><subsection number="53-3-804(3)(b)">Refusal to consent to the release of information under Section <xref depth="3" refnumber="53-3-234">53-3-234</xref> shall result in the denial of the identification card.</subsection></subsection><subsection number="53-3-804(4)">An individual person who knowingly fails to provide the information required under Subsection (2)(k) is guilty of a class A misdemeanor.</subsection><subsection number="53-3-804(5)"><subsection number="53-3-804(5)(a)">A person may not hold both an unexpired Utah license certificate and an unexpired identification card.</subsection><subsection number="53-3-804(5)(b)">A person who holds a regular or limited term Utah driver license and chooses to relinquish the person's driving privilege may apply for an identification card under this chapter, provided:<subsection number="53-3-804(5)(b)(i)">the driver:<subsection number="53-3-804(5)(b)(i)(A)">no longer qualifies for a driver license for failure to meet the requirement in Section <xref depth="3" refnumber="53-3-304">53-3-304</xref>; or</subsection><subsection number="53-3-804(5)(b)(i)(B)">makes a personal decision to permanently discontinue driving;</subsection></subsection><subsection number="53-3-804(5)(b)(ii)">the driver:<subsection number="53-3-804(5)(b)(ii)(A)">submits an application to the division on a form approved by the division in person, through electronic means, or by mail;</subsection><subsection number="53-3-804(5)(b)(ii)(B)">affirms their intention to permanently discontinue driving; and</subsection><subsection number="53-3-804(5)(b)(ii)(C)">surrenders to the division the driver license certificate; and</subsection></subsection><subsection number="53-3-804(5)(b)(iii)">the division possesses a digital photograph of the driver obtained within the preceding 10 years.</subsection></subsection><subsection number="53-3-804(5)(c)"><subsection number="53-3-804(5)(c)(i)">The division shall waive the fee under Section <xref depth="3" refnumber="53-3-105">53-3-105</xref> for an identification card for an original identification card application under this Subsection (5).</subsection><subsection number="53-3-804(5)(c)(ii)">The fee waiver described in Subsection (5)(c)(i) does not apply to a person whose driving privilege is suspended or revoked.</subsection></subsection></subsection><subsection number="53-3-804(6)">Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, the division shall, upon request, release to the Sex, Kidnap, and Child Abuse Offender Registry office in the Department of Public Safety, the names and addresses of all applicants who, under Subsection (2)(k), indicate they are required to register as a sex offender, kidnap offender, or child abuse offender in accordance with Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry.</subsection></section><section number="53-3-805"><histories><history>Amended by Chapter <modchap sess="2026GS">46</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Identification card -- Contents -- Specifications.</catchline><subsection number="53-3-805(1)">As used in this section:<subsection number="53-3-805(1)(a)">"Authorized guardian" means the same as that term is defined in Section <xref depth="3" refnumber="53-3-207" start="0">53-3-207</xref>.</subsection><subsection number="53-3-805(1)(b)">"Health care professional" means the same as that term is defined in Section <xref depth="3" refnumber="53-3-207" start="0">53-3-207</xref>.</subsection><subsection number="53-3-805(1)(c)">"Invisible condition" means the same as that term is defined in Section <xref depth="3" refnumber="53-3-207" start="0">53-3-207</xref>.</subsection><subsection number="53-3-805(1)(d)">"Invisible condition identification symbol" means the same as that term is defined in Section <xref depth="3" refnumber="53-3-207" start="0">53-3-207</xref>.</subsection></subsection><subsection number="53-3-805(2)"><subsection number="53-3-805(2)(a)">The division shall issue an identification card that bears:<subsection number="53-3-805(2)(a)(i)">the distinguishing number assigned to the individual by the division;</subsection><subsection number="53-3-805(2)(a)(ii)">the name, birth date, and Utah residence address of the individual;</subsection><subsection number="53-3-805(2)(a)(iii)">a brief description of the individual for the purpose of identification;</subsection><subsection number="53-3-805(2)(a)(iv)">a photograph of the individual;</subsection><subsection number="53-3-805(2)(a)(v)">a photograph or other facsimile of the individual's signature;</subsection><subsection number="53-3-805(2)(a)(vi)">an indication whether the individual intends to make an anatomical gift under <xref depth="2" refnumber="26B-8-3" start="0">Title 26B, Chapter 8, Part 3, Revised Uniform Anatomical Gift Act</xref>; and</subsection><subsection number="53-3-805(2)(a)(vii)">if the individual states that the individual is a veteran of the United States military on the application for an identification card in accordance with Section <xref depth="3" refnumber="53-3-804" start="0">53-3-804</xref> and provides verification that the individual received an honorable or general discharge from the United States Armed Forces, an indication that the individual is a United States military veteran for a regular identification card or a limited-term identification card issued on or after July 1, 2011.</subsection></subsection><subsection number="53-3-805(2)(b)">An identification card issued by the division may not bear the individual's social security number or place of birth.</subsection></subsection><subsection number="53-3-805(3)"><subsection number="53-3-805(3)(a)">The card shall be of an impervious material, resistant to wear, damage, and alteration.</subsection><subsection number="53-3-805(3)(b)">Except as provided under Section <xref depth="3" refnumber="53-3-806" start="0">53-3-806</xref>, the size, form, and color of the card is prescribed by the commissioner.</subsection><subsection number="53-3-805(3)(c)">The commissioner shall consult with and obtain approval from the design review board created in Section <xref depth="3" refnumber="41-1a-1611">41-1a-1611</xref> regarding format and design of identification cards.</subsection></subsection><subsection number="53-3-805(4)">At the applicant's request, the card may include a statement that the applicant has a special medical problem or allergies to certain drugs, for the purpose of medical treatment.</subsection><subsection number="53-3-805(5)"><subsection number="53-3-805(5)(a)">The division shall include or affix an invisible condition identification symbol on an individual's identification card if the individual or the individual's authorized guardian, on a form prescribed by the department:<subsection number="53-3-805(5)(a)(i)">requests the division to include the invisible condition identification symbol;</subsection><subsection number="53-3-805(5)(a)(ii)">provides written verification from a health care professional that the individual is an individual with an invisible condition; and</subsection><subsection number="53-3-805(5)(a)(iii)">submits a signed waiver of liability for the release of any medical information to:<subsection number="53-3-805(5)(a)(iii)(A)">the department;</subsection><subsection number="53-3-805(5)(a)(iii)(B)">any person who has access to the individual's medical information as recorded on the individual's driving record or the Utah Criminal Justice Information System under this chapter; </subsection><subsection number="53-3-805(5)(a)(iii)(C)">any other person who may view or receive notice of the individual's medical information by seeing the individual's identification card or the individual's information in the Utah Criminal Justice Information System;</subsection><subsection number="53-3-805(5)(a)(iii)(D)">a local law enforcement agency that receives a copy of the form described in this Subsection <xref depth="4" refnumber="53-3-805(5)(a)" start="0">(5)(a)</xref> and enters the contents of the form into the local law enforcement agency's record management system or computer-aided dispatch system; and</subsection><subsection number="53-3-805(5)(a)(iii)(E)">a dispatcher who accesses the information regarding the individual's invisible condition through the use of a local law enforcement agency's record management system or computer-aided dispatch system.</subsection></subsection></subsection><subsection number="53-3-805(5)(b)">As part of the form described in Subsection <xref depth="4" refnumber="53-3-805(5)(a)" start="0">(5)(a)</xref>, the department shall advise the individual or the individual's authorized guardian that by submitting the request and signed waiver, the individual or the individual's authorized guardian consents to the release of the individual's medical information to any person described in Subsection <xref depth="4" refnumber="53-3-805(5)(a)(iii)" start="0">(5)(a)(iii)</xref>, even if the person is otherwise ineligible to access the individual's medical information under state or federal law.</subsection><subsection number="53-3-805(5)(c)">The division may not:<subsection number="53-3-805(5)(c)(i)">charge a fee to include the invisible condition identification symbol on the individual's identification card; or</subsection><subsection number="53-3-805(5)(c)(ii)">after including the invisible condition identification symbol on the individual's previously issued identification card, require the individual to provide subsequent written verification described in Subsection <xref depth="4" refnumber="53-3-805(5)(a)(ii)" start="0">(5)(a)(ii)</xref> to include the invisible condition identification symbol on the individual's extended identification card.</subsection></subsection><subsection number="53-3-805(5)(d)">The division shall confirm with the Division of Professional Licensing that the health care professional described in Subsection <xref depth="4" refnumber="53-3-805(5)(a)(ii)" start="0">(5)(a)(ii)</xref> holds a current state license.</subsection><subsection number="53-3-805(5)(e)">The inclusion of an invisible condition identification symbol on an individual's identification card in accordance with Subsection <xref depth="4" refnumber="53-3-805(5)(a)" start="0">(5)(a)</xref> does not confer any legal rights or privileges on the individual, including parking privileges for individuals with disabilities under Section <xref depth="3" refnumber="41-1a-414" start="0">41-1a-414</xref>.</subsection><subsection number="53-3-805(5)(f)">For each individual issued an identification card under this section that includes an invisible condition identification symbol, the division shall include in the division's database a brief description of the nature of the individual's invisible condition in the individual's record and provide the brief description to the Utah Criminal Justice Information System.</subsection><subsection number="53-3-805(5)(g)">Except as provided in this section, the division may not release the information described in Subsection <xref depth="4" refnumber="53-3-805(5)(f)" start="0">(5)(f)</xref>.</subsection><subsection number="53-3-805(5)(h)">Within 30 days after the day on which the division receives an individual's or the individual's authorized guardian's written request, the division shall:<subsection number="53-3-805(5)(h)(i)">remove from the individual's record in the division's database the invisible condition identification symbol and the brief description described in Subsection <xref depth="4" refnumber="53-3-805(5)(f)" start="0">(5)(f)</xref>; and</subsection><subsection number="53-3-805(5)(h)(ii)">provide the individual's updated record to the Utah Criminal Justice Information System.</subsection></subsection></subsection><subsection number="53-3-805(6)"><subsection number="53-3-805(6)(a)">If the division receives a notification from a court as provided in Section <xref depth="3" refnumber="41-6a-505">41-6a-505</xref>, <xref depth="3" refnumber="41-6a-509">41-6a-509</xref>, <xref depth="3" refnumber="76-5-102.1">76-5-102.1</xref>, or <xref depth="3" refnumber="76-5-207">76-5-207</xref>, that an individual is an interdicted person, the division:<subsection number="53-3-805(6)(a)(i)">may accept an application from the individual for an identification card that includes an interdicted person identifier; and</subsection><subsection number="53-3-805(6)(a)(ii)">if the individual submits an application and qualifies for an identification card, may provide an identification card with the interdicted person identifier.</subsection></subsection><subsection number="53-3-805(6)(b)"><subsection number="53-3-805(6)(b)(i)">An individual may voluntarily apply for an identification card that includes an interdicted person identifier.</subsection><subsection number="53-3-805(6)(b)(ii)">An individual who voluntarily applies for an identification card with an interdicted person identifier may not apply for another identification card without the interdicted person identifier for at least 30 days after the application for the identification card with the interdicted person identifier.</subsection><subsection number="53-3-805(6)(b)(iii)">An individual who voluntarily applies for an identification card with an interdicted person identifier is not required to pay the fee described in Subsection <xref depth="4" refnumber="53-3-805(6)(d)">(6)(d)</xref>.</subsection></subsection><subsection number="53-3-805(6)(c)">The division may not provide to an individual an identification card without the interdicted person identifier during the time period the court has designated the person as an interdicted person.</subsection><subsection number="53-3-805(6)(d)">Subject to Subsection <xref depth="4" refnumber="53-3-805(6)(b)(iii)">(6)(b)(iii)</xref>, the division may charge an administrative fee as described in Subsection <xref depth="4" refnumber="53-3-105(40)">53-3-105(40)</xref> to an individual to process and provide an identification card with an interdicted person identifier.</subsection><subsection number="53-3-805(6)(e)">An individual who is designated as an interdicted person by a court is subject to the identification card fee and other fees necessary to administer the identification card with an interdicted person identifier.</subsection></subsection><subsection number="53-3-805(7)">As provided in Section <xref depth="3" refnumber="63G-2-302" start="0">63G-2-302</xref>, the information described in Subsection <xref depth="4" refnumber="53-3-805(5)(a)" start="0">(5)(a)</xref> is a private record for purposes of <xref depth="1" refnumber="63G-2" start="0">Title 63G, Chapter 2, Government Records Access and Management Act</xref>.</subsection><subsection number="53-3-805(8)"><subsection number="53-3-805(8)(a)">The indication of intent under Subsection <xref depth="4" refnumber="53-3-804(2)(j)" start="0">53-3-804(2)(j)</xref> shall be authenticated by the applicant in accordance with division rule.</subsection><subsection number="53-3-805(8)(b)"><subsection number="53-3-805(8)(b)(i)">Notwithstanding <xref depth="1" refnumber="63G-2" start="0">Title 63G, Chapter 2, Government Records Access and Management Act</xref>, the division may, upon request, release to an organ procurement organization, as defined in Section <xref depth="3" refnumber="26B-8-301" start="0">26B-8-301</xref>, the names and addresses of all individuals who under Subsection <xref depth="4" refnumber="53-3-804(2)(j)" start="0">53-3-804(2)(j)</xref> indicate that they intend to make an anatomical gift.</subsection><subsection number="53-3-805(8)(b)(ii)">An organ procurement organization may use released information only to:<subsection number="53-3-805(8)(b)(ii)(A)">obtain additional information for an anatomical gift registry; and</subsection><subsection number="53-3-805(8)(b)(ii)(B)">inform applicants of anatomical gift options, procedures, and benefits.</subsection></subsection></subsection></subsection><subsection number="53-3-805(9)">Notwithstanding <xref depth="1" refnumber="63G-2" start="0">Title 63G, Chapter 2, Government Records Access and Management Act</xref>, the division may release to the Department of Veterans and Military Affairs the names and addresses of all individuals who indicate their status as a veteran under Subsection <xref depth="4" refnumber="53-3-804(2)(l)" start="0">53-3-804(2)(l)</xref>.</subsection><subsection number="53-3-805(10)">The division and the division's employees are not liable, as a result of false or inaccurate information provided under Subsection <xref depth="4" refnumber="53-3-804(2)(j)" start="0">53-3-804(2)(j)</xref> or <xref depth="4" refnumber="53-3-804(2)(l)" start="0">(l)</xref>, for direct or indirect:<subsection number="53-3-805(10)(a)">loss;</subsection><subsection number="53-3-805(10)(b)">detriment; or</subsection><subsection number="53-3-805(10)(c)">injury.</subsection></subsection><subsection number="53-3-805(11)"><subsection number="53-3-805(11)(a)">The division may issue a temporary regular identification card to an individual while the individual obtains the required documentation to establish verification of the information described in Subsections <xref depth="4" refnumber="53-3-804(2)(a)" start="0">53-3-804(2)(a)</xref>, <xref depth="4" refnumber="53-3-804(2)(b)" start="0">(b)</xref>, <xref depth="4" refnumber="53-3-804(2)(c)" start="0">(c)</xref>, <xref depth="4" refnumber="53-3-804(2)(d)" start="0">(d)</xref>, and <xref depth="4" refnumber="53-3-804(2)(i)(i)" start="0">(i)(i)</xref>.</subsection><subsection number="53-3-805(11)(b)">A temporary regular identification card issued under this Subsection <xref depth="4" refnumber="53-3-805(11)">(11)</xref> shall be recognized and grant the individual the same privileges as a regular identification card.</subsection><subsection number="53-3-805(11)(c)">A temporary regular identification card issued under this Subsection <xref depth="4" refnumber="53-3-805(11)">(11)</xref> is invalid:<subsection number="53-3-805(11)(c)(i)">when the individual's regular identification card has been issued;</subsection><subsection number="53-3-805(11)(c)(ii)">when, for good cause, an applicant's application for a regular identification card has been refused; or</subsection><subsection number="53-3-805(11)(c)(iii)">upon expiration of the temporary regular identification card.</subsection></subsection><subsection number="53-3-805(11)(d)">The division shall coordinate with:<subsection number="53-3-805(11)(d)(i)">the Department of Corrections in providing an inmate with a temporary regular identification card as described in Section <xref depth="3" refnumber="64-13-10.6" start="0">64-13-10.6</xref>; and</subsection><subsection number="53-3-805(11)(d)(ii)">a county jail in providing a county inmate with a temporary regular identification card as described in Section <xref depth="3" refnumber="17-72-411">17-72-411</xref>.</subsection></subsection></subsection></section><section number="53-3-806"><histories><history>Amended by Chapter <modchap sess="2019GS">232</modchap>, 2019 General Session</history><modyear>2019</modyear></histories><catchline>Portrait-style format -- Minor's card distinguishable.</catchline><subsection number="53-3-806(1)"> The division shall use a portrait-style format for all identification cards, similar to the format used for license certificates issued to an individual younger than 21 years old under Section <xref depth="3" refnumber="53-3-207" start="0">53-3-207</xref>.</subsection><subsection number="53-3-806(2)"> The identification card issued to an individual younger than 21 years old shall be distinguished by use of plainly printed information or by the use of a color or other means not used for the identification card issued to an individual 21 years old or older.</subsection><subsection number="53-3-806(3)"> The division shall distinguish an identification card issued to an individual younger than 21 years old by plainly printing the date the identification card holder is 21 years old.</subsection><subsection number="53-3-806(4)"> The division shall distinguish a limited-term identification card by clearly indicating on the card: <subsection number="53-3-806(4)(a)"> that it is temporary; and</subsection><subsection number="53-3-806(4)(b)"> its expiration date.</subsection></subsection></section><section number="53-3-806.5"><histories><history>Amended by Chapter <modchap sess="2025GS">291</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Identification card required if offender does not have driver license.</catchline><subsection number="53-3-806.5(1)"><subsection number="53-3-806.5(1)(a)">An individual who does not hold a current driver license in compliance with Section <xref depth="3" refnumber="53-3-205">53-3-205</xref> and is required to register as a sex offender, kidnap offender, or child abuse offender in accordance with Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, shall obtain an identification card.</subsection><subsection number="53-3-806.5(1)(b)">The individual shall maintain a current identification card during the time the individual is required to register as a sex offender, kidnap offender, or child abuse offender and the individual does not hold a valid driver license.</subsection></subsection><subsection number="53-3-806.5(2)">Failure to maintain a current identification card as required under Subsection (1) is a class A misdemeanor for each month of violation of Subsection (1).</subsection></section><section number="53-3-807"><histories><history>Amended by Chapter <modchap sess="2025GS">291</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Expiration -- Address and name change -- Extension.</catchline><subsection number="53-3-807(1)"><subsection number="53-3-807(1)(a)">A regular identification card expires on the birth date of the applicant in the fifth year after the issuance of the regular identification card.</subsection><subsection number="53-3-807(1)(b)">A limited-term identification card expires on:<subsection number="53-3-807(1)(b)(i)">the expiration date of the period of time of the individual's authorized stay in the United States or on the birth date of the applicant in the fifth year after the issuance of the limited-term identification card, whichever is sooner; or</subsection><subsection number="53-3-807(1)(b)(ii)">on the date of issuance in the first year after the year that the limited-term identification card was issued if there is no definite end to the individual's period of authorized stay.</subsection></subsection></subsection><subsection number="53-3-807(2)"><subsection number="53-3-807(2)(a)">Except as provided in Subsection (2)(b), if an individual has applied for and received an identification card and subsequently moves from the address shown on the application or on the card, the individual shall, within 10 days after the day on which the individual moves, notify the division in a manner specified by the division of the individual's new address.</subsection><subsection number="53-3-807(2)(b)">If an individual who is required to register as a sex offender, kidnap offender, or child abuse offender under Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, has applied for and received an identification card and subsequently moves from the address shown on the application or on the card, the individual shall, within 30 days after the day on which the individual moves, apply for an updated identification card in-person at a division office.</subsection></subsection><subsection number="53-3-807(3)">If an individual has applied for and received an identification card and subsequently changes the individual's name under Title 42, Chapter 1, Change of Name, the individual:<subsection number="53-3-807(3)(a)">shall surrender the card to the division; and</subsection><subsection number="53-3-807(3)(b)">may apply for a new card in the individual's new name by:<subsection number="53-3-807(3)(b)(i)">furnishing proper documentation to the division as provided in Section <xref depth="3" refnumber="53-3-804">53-3-804</xref>; and</subsection><subsection number="53-3-807(3)(b)(ii)">paying the fee required under Section <xref depth="3" refnumber="53-3-105">53-3-105</xref>.</subsection></subsection></subsection><subsection number="53-3-807(4)">A person 21 years old or older with a disability, as defined under the Americans with Disabilities Act of 1990, Pub. L. 101-336, may extend the expiration date on an identification card for five years if the person with a disability or an agent of the person with a disability:<subsection number="53-3-807(4)(a)">requests that the division send the application form to obtain the extension or requests an application form in person at the division's offices;</subsection><subsection number="53-3-807(4)(b)">completes the application;</subsection><subsection number="53-3-807(4)(c)">certifies that the extension is for a person 21 years old or older with a disability; and</subsection><subsection number="53-3-807(4)(d)">returns the application to the division together with the identification card fee required under Section <xref depth="3" refnumber="53-3-105">53-3-105</xref>.</subsection></subsection><subsection number="53-3-807(5)"><subsection number="53-3-807(5)(a)">The division may extend a valid regular identification card issued after January 1, 2010, for five years at any time within six months before the day on which the identification card expires.</subsection><subsection number="53-3-807(5)(b)">The application for an extension of a regular identification card is accompanied by a fee under Section <xref depth="3" refnumber="53-3-105">53-3-105</xref>.</subsection><subsection number="53-3-807(5)(c)">The division shall allow extensions:<subsection number="53-3-807(5)(c)(i)">by mail, electronic means, or other means as determined by the division at the appropriate extension fee rate under Section <xref depth="3" refnumber="53-3-105">53-3-105</xref>; and</subsection><subsection number="53-3-807(5)(c)(ii)">only if the applicant qualifies under this section.</subsection></subsection></subsection><subsection number="53-3-807(6)"><subsection number="53-3-807(6)(a)">A regular identification card may only be extended once under Subsections (4) and (5).</subsection><subsection number="53-3-807(6)(b)">After an extension an application for an identification card must be applied for in person at the division's offices.</subsection></subsection></section><section number="53-3-808"><histories><history>Amended by Chapter <modchap sess="2025GS">471</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Fee required for identification card.</catchline><subsection number="53-3-808(1)">The commissioner may charge and collect a fee only as provided by Section <xref depth="3" refid="C53-3-S105_1800010118000101" refnumber="53-3-105" start="0">53-3-105</xref> when an application for an identification card or an identification card with an interdicted person identifier is submitted.</subsection><subsection number="53-3-808(2)"><subsection number="53-3-808(2)(a)">Before accepting an application from an indigent person for an identification card without the payment of a fee, the division shall require that the indigent person sign a statement under penalty of perjury that the person is indigent.</subsection><subsection number="53-3-808(2)(b)">The division may require an indigent person applying for an identification card without the payment of a fee to execute a release form allowing the division to inquire with the State Tax Commission whether the person has filed state income tax returns or has state income tax withholding suggesting that the person is not indigent.</subsection></subsection></section><section number="53-3-809"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Revocation of card for providing false information or altering card.</catchline><tab/>The commissioner shall revoke and repossess the identification card of any person who has:<subsection number="53-3-809(1)"> furnished false or forged information or evidence in support of any application for any identification card; or</subsection><subsection number="53-3-809(2)"> altered any information or photograph on an identification card.</subsection></section><section number="53-3-810"><histories><history>Amended by Chapter <modchap sess="2025GS">173</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Prohibited uses of identification card -- Penalties.</catchline><subsection number="53-3-810(1)">It is a class C misdemeanor to:<subsection number="53-3-810(1)(a)">lend or knowingly permit the use of an identification card issued to the individual, by an individual not entitled to the identification card;</subsection><subsection number="53-3-810(1)(b)">display or to represent as the individual's own identification card an identification card not issued to the individual;</subsection><subsection number="53-3-810(1)(c)">refuse to surrender to the division or a peace officer upon demand any identification card issued by the division;</subsection><subsection number="53-3-810(1)(d)">use a false name or give a false address in any application for an identification card or any renewal or duplicate of the identification card, or to knowingly make a false statement, or to knowingly conceal a material fact in the application;</subsection><subsection number="53-3-810(1)(e)">display a revoked identification card as a valid identification card;</subsection><subsection number="53-3-810(1)(f)">knowingly acquire, use, display, or transfer an item that purports to be an authentic identification card issued by a governmental entity if the item is not an authentic identification card issued by that governmental entity; or</subsection><subsection number="53-3-810(1)(g)">alter any information contained on an authentic identification card so that it no longer represents the information originally displayed.</subsection></subsection><subsection number="53-3-810(2)">It is a class A misdemeanor to knowingly:<subsection number="53-3-810(2)(a)">issue an identification card with false or fraudulent information;</subsection><subsection number="53-3-810(2)(b)">issue an identification card to an individual who is younger than 21 years old if the identification card is not distinguished as required for an individual who is younger than 21 years old under Section <xref depth="3" refnumber="53-3-806" start="0">53-3-806</xref>; or</subsection><subsection number="53-3-810(2)(c)">acquire, use, display, or transfer a false or altered identification card to procure a tobacco product, an electronic cigarette product, or a nicotine product as those terms are defined in Section <xref depth="3" refnumber="76-9-1101">76-9-1101</xref>.</subsection></subsection><subsection number="53-3-810(3)">An individual may not knowingly use, display, or transfer a false or altered identification card to procure alcoholic beverages, gain admittance to a place where alcoholic beverages are sold or consumed, or obtain employment that may not be obtained by a minor in violation of Section <xref depth="3" refnumber="32B-1-403" start="0">32B-1-403</xref>.</subsection><subsection number="53-3-810(4)">It is a third degree felony if an individual's acquisition, use, display, or transfer of a false or altered identification card:<subsection number="53-3-810(4)(a)">aids or furthers the individual's efforts to fraudulently obtain goods or services; or</subsection><subsection number="53-3-810(4)(b)">aids or furthers the individual's efforts to commit a violent felony.</subsection></subsection></section></part><part number="53-3-9"><catchline>Motorcycle Rider Education Act</catchline><section number="53-3-901"><histories><history>Amended by Chapter <modchap sess="1999GS">21</modchap>, 1999 General Session</history><modyear>1999</modyear></histories><catchline>Title.</catchline><tab/>This part is known as the "Motorcycle Rider Education Act." </section><section number="53-3-902"><histories><history>Amended by Chapter <modchap sess="1999GS">21</modchap>, 1999 General Session</history><modyear>1999</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="53-3-902(1)"> "Motorcycle" has the same meaning as provided in Section <xref depth="3" refid="C41-1a-S102_1800010118000101" refnumber="41-1a-102" start="0">41-1a-102</xref>.</subsection><subsection number="53-3-902(2)"> "Program" means the motorcycle rider education program for training and information disbursement created under Section <xref depth="3" refid="C53-3-S903_1800010118000101" refnumber="53-3-903" start="0">53-3-903</xref>.</subsection><subsection number="53-3-902(3)"> "Rider training course" means a motorcycle rider education curriculum and delivery system approved by the division as meeting national standards designed to develop and instill the knowledge, attitudes, habits, and skills necessary for the safe operation of a motorcycle.</subsection></section><section number="53-3-903"><histories><history>Amended by Chapter <modchap sess="2009GS">252</modchap>, 2009 General Session</history><modyear>2009</modyear></histories><catchline>Motorcycle Rider Education Program.</catchline><subsection number="53-3-903(1)"><subsection number="53-3-903(1)(a)"> The division shall develop standards for and administer the Motorcycle Rider Education Program.</subsection><subsection number="53-3-903(1)(b)"> The division shall make rules in accordance with <xref depth="1" refid="C63G-3_1800010118000101" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, to implement this chapter.</subsection></subsection><subsection number="53-3-903(2)"> The program shall include: <subsection number="53-3-903(2)(a)"> a novice rider training course;</subsection><subsection number="53-3-903(2)(b)"> a rider training course for experienced riders; and</subsection><subsection number="53-3-903(2)(c)"> an instructor training course.</subsection></subsection><subsection number="53-3-903(3)"> The division may expand the program to include: <subsection number="53-3-903(3)(a)"> enhancing public awareness of motorcycle riders;</subsection><subsection number="53-3-903(3)(b)"> increasing the awareness of motorcycle riders of the effects of alcohol and drugs;</subsection><subsection number="53-3-903(3)(c)"> motorcycle rider skills improvement;</subsection><subsection number="53-3-903(3)(d)"> program and other motorcycle safety promotion; and</subsection><subsection number="53-3-903(3)(e)"> improvement of motorcycle licensing efforts.</subsection></subsection><subsection number="53-3-903(4)"><subsection number="53-3-903(4)(a)"> Subject to the restriction in Subsection <xref depth="4" refid="C53-3-S903_1800010118000101" refnumber="53-3-903(4)(b)" start="0">(4)(b)</xref>, rider training courses shall be open to all residents of the state who:<subsection number="53-3-903(4)(a)(i)"> are at least 15 years 6 months of age; and</subsection><subsection number="53-3-903(4)(a)(ii)"> either hold a valid learner permit or driver license for any classification or are eligible for a motorcycle learner permit.</subsection></subsection><subsection number="53-3-903(4)(b)"> A person who has been issued a learner permit may enroll in and complete a rider training course if the course is conducted on a closed course that:<subsection number="53-3-903(4)(b)(i)"> is not conducted on a public highway;</subsection><subsection number="53-3-903(4)(b)(ii)"> is approved by the division; and</subsection><subsection number="53-3-903(4)(b)(iii)"> meets or exceeds established national standards for motorcycle rider training courses prescribed by the Motorcycle Safety Foundation.</subsection></subsection><subsection number="53-3-903(4)(c)"> An adequate number of novice rider training courses shall be provided to meet the reasonably anticipated needs of all persons in the state who are eligible and who desire to participate in the program.</subsection><subsection number="53-3-903(4)(d)"> Program delivery may be phased in over a reasonable period of time.</subsection></subsection><subsection number="53-3-903(5)"><subsection number="53-3-903(5)(a)"> The division may enter into contracts with either public or private institutions to provide a rider training course approved by the division.</subsection><subsection number="53-3-903(5)(b)"> The institution shall issue certificates of completion in the manner and form prescribed by the director to persons who satisfactorily complete the requirements of the course.</subsection><subsection number="53-3-903(5)(c)"> An institution conducting a rider training course may charge a reasonable tuition fee to cover the cost of offering the course.</subsection><subsection number="53-3-903(5)(d)"><subsection number="53-3-903(5)(d)(i)"> The division may use program funds to defray its own expenses in administering the program.</subsection><subsection number="53-3-903(5)(d)(ii)"> The division may reimburse entities that offer approved courses for actual expenses incurred in offering the courses, up to a limit established by the division based upon available program funds.</subsection><subsection number="53-3-903(5)(d)(iii)"> Any reimbursement paid to an entity must be entirely reflected by the entity in reduced course enrollment fees for students.</subsection></subsection></subsection><subsection number="53-3-903(6)"><subsection number="53-3-903(6)(a)"> Standards for the motorcycle rider training courses, including standards for course curriculum, materials, and student evaluation, and standards for the training and approval of instructors shall meet or exceed established national standards for motorcycle rider training courses prescribed by the Motorcycle Safety Foundation.</subsection><subsection number="53-3-903(6)(b)"> Motorcycle rider training courses shall be taught only by instructors approved under Section <xref depth="3" refid="C53-3-S904_1800010118000101" refnumber="53-3-904" start="0">53-3-904</xref>.</subsection><subsection number="53-3-903(6)(c)"> Motorcycle rider training courses for novices shall include at least eight hours of practice riding.</subsection></subsection><subsection number="53-3-903(7)"> The commissioner shall appoint a full-time program coordinator to oversee and direct the program.</subsection></section><section number="53-3-904"><histories><history>Enacted by Chapter <modchap sess="1993GS">216</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Instructor training and approval.</catchline><subsection number="53-3-904(1)"> The program coordinator shall approve instructors for the motorcycle rider training courses.</subsection><subsection number="53-3-904(2)"> A person may not be approved as an instructor unless the person holds a current instructor certification issued by the Motorcycle Safety Foundation or another nationally recognized motorcycle safety instructor certifying body.</subsection><subsection number="53-3-904(3)"><subsection number="53-3-904(3)(a)"> The program shall include instructor training courses as necessary.</subsection><subsection number="53-3-904(3)(b)"> Prior to completion of an instructor training course, the participant shall demonstrate:<subsection number="53-3-904(3)(b)(i)"> knowledge of the course material;</subsection><subsection number="53-3-904(3)(b)(ii)"> knowledge of proper motorcycle operation;</subsection><subsection number="53-3-904(3)(b)(iii)"> proficiency in riding motorcycles; and</subsection><subsection number="53-3-904(3)(b)(iv)"> the necessary aptitude for instructing students.</subsection></subsection></subsection><subsection number="53-3-904(4)"> An applicant for an instructor training course shall: <subsection number="53-3-904(4)(a)"> have a high school diploma or its equivalent;</subsection><subsection number="53-3-904(4)(b)"> be at least 18 years of age;</subsection><subsection number="53-3-904(4)(c)"> have a valid endorsement to his driver's license for motorcycles; and</subsection><subsection number="53-3-904(4)(d)"> have at least two years of recent motorcycle riding experience.</subsection></subsection><subsection number="53-3-904(5)"> The division shall refuse to certify or revoke certification of an instructor if the applicant: <subsection number="53-3-904(5)(a)"> has had his driver's license suspended or revoked during the preceding two years or within the preceding five years if the suspension or revocation was for an alcohol or drug-related offense;</subsection><subsection number="53-3-904(5)(b)"> fails to successfully complete an instructor course or required course updates; or</subsection><subsection number="53-3-904(5)(c)"> no longer meets the requirements of this section.</subsection></subsection></section><section number="53-3-905"><histories><history>Amended by Chapter <modchap sess="2026GS">295</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Dedication of fees.</catchline><subsection number="53-3-905(1)">The division may use the following dedicated credits for the program:<subsection number="53-3-905(1)(a)">the portion of registration fees deposited into the Transportation Fund as described in Subsection <xref depth="4" refnumber="41-1a-1201(11)">41-1a-1201(11)</xref>; and</subsection><subsection number="53-3-905(1)(b)">$2.50 of the fee imposed under Section <xref depth="3" refnumber="53-3-105">53-3-105</xref> for an original, renewal, or extension of a motorcycle endorsement.</subsection></subsection><subsection number="53-3-905(2)">Appropriations to the program are nonlapsing.</subsection><subsection number="53-3-905(3)">Appropriations may not be used for assistance to, advocacy of, or lobbying for any legislation unless the legislation would enhance or affect the financial status of the program or the program's continuation.</subsection></section><section number="53-3-907"><histories><history>Enacted by Chapter <modchap sess="1993GS">216</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Licensing skills test exemption.</catchline><subsection number="53-3-907(1)"> The division may exempt an applicant for a motorcycle operator license or endorsement from the licensing skills test if he presents proof of successful completion of a rider training course approved by the division that includes a similar test of skills.</subsection><subsection number="53-3-907(2)"> The exemption provided in Subsection <xref depth="4" refid="C53-3-S907_1800010118000101" refnumber="53-3-907(1)" start="0">(1)</xref> applies only if the applicant applies for a motorcycle operator license or endorsement within six months of completion of an approved rider training course.</subsection></section><section number="53-3-909"><histories><history>Amended by Chapter <modchap sess="1994GS">12</modchap>, 1994 General Session</history><modyear>1994</modyear></histories><catchline>Program exemption.</catchline><tab/>An entity offering a motorcycle rider training course approved by the division and an instructor providing instruction as part of an approved motorcycle rider training course are exempt from the requirements of <xref depth="2" refid="" refnumber="53-3-5" start="0">Title 53, Chapter 3, Part 5, Commercial Driver Training Schools Act</xref>. </section></part><part number="53-3-10"><catchline>Ignition Interlock System Program Act</catchline><section number="53-3-1001"><histories><history>Enacted by Chapter <modchap sess="2011GS">421</modchap>, 2011 General Session</history><modyear>2011</modyear></histories><catchline>Title.</catchline><tab/>This part is known as the "Ignition Interlock System Program Act." </section><section number="53-3-1002"><histories><history>Enacted by Chapter <modchap sess="2011GS">421</modchap>, 2011 General Session</history><modyear>2011</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="53-3-1002(1)"> "Ignition interlock system" has the same meaning as defined in Section <xref depth="3" refid="C41-6a-S518.2_1800010118000101" refnumber="41-6a-518.2" start="0">41-6a-518.2</xref>.</subsection><subsection number="53-3-1002(2)"> "Ignition interlock system provider" means an individual who: <subsection number="53-3-1002(2)(a)"> is acting on behalf of a business enterprise conducted by a person, association, partnership, or corporation for the purpose of installation and maintenance of an ignition interlock system;</subsection><subsection number="53-3-1002(2)(b)"> is certified as an installer;</subsection><subsection number="53-3-1002(2)(c)"> has met the requirements for ignition interlock system provider status as established by the division;</subsection><subsection number="53-3-1002(2)(d)"> is authorized or certified to operate or manage an ignition interlock system business;</subsection><subsection number="53-3-1002(2)(e)"> may supervise the work of another installer; and</subsection><subsection number="53-3-1002(2)(f)"> charges a fee for the services described under this Subsection <xref depth="4" refid="C53-3-S1002_1800010118000101" refnumber="53-3-1002(2)" start="0">(2)</xref>.</subsection></subsection><subsection number="53-3-1002(3)"> "Installer" means a person, whether acting as an ignition interlock system provider or for an ignition interlock system provider for compensation, who is certified by the division to install ignition interlock systems.</subsection><subsection number="53-3-1002(4)"> "Interlock restricted driver" has the same meaning as defined in Section <xref depth="3" refid="C41-6a-S518.2_1800010118000101" refnumber="41-6a-518.2" start="0">41-6a-518.2</xref>.</subsection><subsection number="53-3-1002(5)"> "Provider" means an ignition interlock system provider.</subsection></section><section number="53-3-1003"><histories><history>Enacted by Chapter <modchap sess="2011GS">421</modchap>, 2011 General Session</history><modyear>2011</modyear></histories><catchline>Licenses required -- Inspections.</catchline><subsection number="53-3-1003(1)"> An ignition interlock system provider may be certified to facilitate installation of ignition interlock systems only if the provider applies for and obtains a license from the division.</subsection><subsection number="53-3-1003(2)"> A person may act as an ignition interlock system installer only if the person applies for and obtains a license from the division.</subsection><subsection number="53-3-1003(3)"> The division shall inspect the provider facilities and equipment of applicants and licensees and examine applicants for provider licenses and installer licenses.</subsection><subsection number="53-3-1003(4)"> The division shall administer and enforce this part.</subsection></section><section number="53-3-1004"><histories><history>Enacted by Chapter <modchap sess="2011GS">421</modchap>, 2011 General Session</history><modyear>2011</modyear></histories><catchline>Ignition interlock system provider license -- Contents of rules.</catchline><tab/>In accordance with <xref depth="1" refid="C63G-3_1800010118000101" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, the commissioner shall make rules regarding the requirements for:<subsection number="53-3-1004(1)"> an ignition interlock system provider license, including requirements concerning: <subsection number="53-3-1004(1)(a)"> locations;</subsection><subsection number="53-3-1004(1)(b)"> equipment;</subsection><subsection number="53-3-1004(1)(c)"> installers;</subsection><subsection number="53-3-1004(1)(d)"> previous records of the provider and installers;</subsection><subsection number="53-3-1004(1)(e)"> financial statements;</subsection><subsection number="53-3-1004(1)(f)"> schedule of fees and charges;</subsection><subsection number="53-3-1004(1)(g)"> character and reputation of the providers and installers;</subsection><subsection number="53-3-1004(1)(h)"> insurance as the commissioner determines necessary to protect the interests of the public; and</subsection><subsection number="53-3-1004(1)(i)"> other provisions the commissioner may prescribe for the protection of the public;</subsection></subsection><subsection number="53-3-1004(2)"> an installer's license, including requirements concerning: <subsection number="53-3-1004(2)(a)"> moral character;</subsection><subsection number="53-3-1004(2)(b)"> knowledge of the procedures for installation of an ignition interlock system; and</subsection><subsection number="53-3-1004(2)(c)"> other provisions the commissioner may prescribe for the protection of the public; and</subsection></subsection><subsection number="53-3-1004(3)"> applications for licenses.</subsection></section><section number="53-3-1005"><histories><history>Enacted by Chapter <modchap sess="2011GS">421</modchap>, 2011 General Session</history><modyear>2011</modyear></histories><catchline>License expiration and renewal -- Fee required -- Disposition of revenue.</catchline><subsection number="53-3-1005(1)"><subsection number="53-3-1005(1)(a)"> All ignition interlock system provider licenses and installer licenses:<subsection number="53-3-1005(1)(a)(i)"> expire one year from the date of issuance; and</subsection><subsection number="53-3-1005(1)(a)(ii)"> may be renewed upon application to the commissioner as prescribed by rule.</subsection></subsection><subsection number="53-3-1005(1)(b)"> Each application for an original or renewal provider license or installer license shall be accompanied by a fee determined by the department under Section <xref depth="3" refid="C63J-1-S504_1800010118000101" refnumber="63J-1-504" start="0">63J-1-504</xref>.</subsection><subsection number="53-3-1005(1)(c)"> A license fee may not be refunded if the license is rejected, suspended, or revoked.</subsection></subsection><subsection number="53-3-1005(2)"> The license fees collected under this part shall be placed in the Department of Public Safety Restricted Account.</subsection></section><section number="53-3-1006"><histories><history>Enacted by Chapter <modchap sess="2011GS">421</modchap>, 2011 General Session</history><modyear>2011</modyear></histories><catchline>Licenses -- Cancellation, revocation, or refusal to issue or renew -- Ineligibility for license.</catchline><subsection number="53-3-1006(1)"> The department may cancel, revoke, or refuse to issue or renew an ignition interlock system provider or installer license if it finds that the licensee or applicant has not complied with or has violated this part or any rule made by the division.</subsection><subsection number="53-3-1006(2)"> A licensee: <subsection number="53-3-1006(2)(a)"> shall return a canceled or revoked license to the division; and</subsection><subsection number="53-3-1006(2)(b)"> is not eligible to apply for a license under this part until six months have elapsed since the date of a cancellation or revocation under this section.</subsection></subsection></section><section number="53-3-1007"><histories><history>Amended by Chapter <modchap sess="2024GS">197</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Ignition interlock system provider -- Notification to the division upon installation or removal of an ignition interlock system -- Monitoring and reporting requirements -- Penalties.</catchline><subsection number="53-3-1007(1)">An ignition interlock system provider who installs an ignition interlock system on an individual's vehicle shall:<subsection number="53-3-1007(1)(a)">provide proof of installation to the individual; and</subsection><subsection number="53-3-1007(1)(b)">electronically notify the division of installation of an ignition interlock system on the individual's vehicle.</subsection></subsection><subsection number="53-3-1007(2)">An ignition interlock system provider shall electronically notify the division if an individual has:<subsection number="53-3-1007(2)(a)">removed an ignition interlock system from the individual's vehicle;</subsection><subsection number="53-3-1007(2)(b)">attempted to start the motor vehicle with a measurable breath alcohol concentration, and the attempt to start the motor vehicle was prevented by the ignition interlock system, including the date and time of each attempt; or</subsection><subsection number="53-3-1007(2)(c)">failed to report to the ignition interlock provider for the purpose of monitoring the device every 60 days, or more frequently if ordered by the court as described in Subsection <xref depth="4" refnumber="41-6a-518(5)(a)">41-6a-518(5)(a)</xref>.</subsection></subsection><subsection number="53-3-1007(3)">If an individual is an interlock restricted driver and the individual removes an ignition interlock system as described in Subsection (2)(a), the division shall:<subsection number="53-3-1007(3)(a)">suspend the individual's driving privilege for the duration of the restriction period as defined in Section <xref depth="3" refnumber="41-6a-518.2">41-6a-518.2</xref>; and</subsection><subsection number="53-3-1007(3)(b)">notify the individual of the suspension period in place and the requirements for reinstatement of the driving privilege with respect to the ignition interlock restriction suspension.</subsection></subsection><subsection number="53-3-1007(4)">The division shall clear a suspension described in Subsection (3) upon:<subsection number="53-3-1007(4)(a)">receipt of payment of the fee or fees required under Section <xref depth="3" refnumber="53-3-105">53-3-105</xref>; and</subsection><subsection number="53-3-1007(4)(b)"><subsection number="53-3-1007(4)(b)(i)">receipt of electronic notification from an ignition interlock system provider showing proof of the installation of an ignition interlock system on the individual's vehicle or the vehicle the individual will be operating;</subsection><subsection number="53-3-1007(4)(b)(ii)">if the individual does not own a vehicle or will not be operating a vehicle owned by another individual:<subsection number="53-3-1007(4)(b)(ii)(A)">electronic verification that the individual does not have a vehicle registered in the individual's name in the state; and</subsection><subsection number="53-3-1007(4)(b)(ii)(B)">receipt of employer verification, as defined in Subsection <xref depth="4" refnumber="41-6a-518(1)">41-6a-518(1)</xref>; or</subsection></subsection><subsection number="53-3-1007(4)(b)(iii)">if the individual is not a resident of Utah, electronic verification that the individual is licensed in the individual's state of residence or is in the process of obtaining a license in the individual's state of residence.</subsection></subsection></subsection><subsection number="53-3-1007(5)">If Subsection (4)(b)(ii) applies, the division shall every six months:<subsection number="53-3-1007(5)(a)">electronically verify the individual does not have a vehicle registered in the individual's name in the state; and</subsection><subsection number="53-3-1007(5)(b)">require the individual to provide updated documentation described in Subsection (4)(b)(ii).</subsection></subsection><subsection number="53-3-1007(6)">If the individual described in Subsection (5) does not provide the required documentation described in Subsection (4)(b)(ii), the division shall suspend the individual's driving privilege until:<subsection number="53-3-1007(6)(a)">the division receives payment of the fee or fees required under Section <xref depth="3" refnumber="53-3-105">53-3-105</xref>; and</subsection><subsection number="53-3-1007(6)(b)"><subsection number="53-3-1007(6)(b)(i)">the division:<subsection number="53-3-1007(6)(b)(i)(A)">receives electronic notification from an ignition interlock system provider showing proof of the installation of an ignition interlock system on the individual's vehicle or the vehicle the individual will be operating; or</subsection><subsection number="53-3-1007(6)(b)(i)(B)">if the individual does not own a vehicle or will not be operating a vehicle owned by another individual, receives electronic verification that the individual does not have a vehicle registered in the individual's name in the state, and receives employer verification, as defined in Subsection <xref depth="4" refnumber="41-6a-518(1)">41-6a-518(1)</xref>; or</subsection></subsection><subsection number="53-3-1007(6)(b)(ii)">if the individual is not a resident of Utah, electronic verification that the individual is licensed in the individual's state of residence or is in the process of obtaining a license in the individual's state of residence.</subsection></subsection></subsection><subsection number="53-3-1007(7)">By following the procedures in Title 63G, Chapter 4, Administrative Procedures Act, the division shall suspend the license of any individual without receiving a record of the individual's conviction of crime seven days after receiving electronic notification from an ignition interlock system provider that an individual has removed an ignition interlock system from the individual's vehicle or a vehicle owned by another individual and operated by the individual if the individual is an interlock restricted driver until:<subsection number="53-3-1007(7)(a)">the division receives payment of the fee or fees specified in Section <xref depth="3" refnumber="53-3-105">53-3-105</xref>; and</subsection><subsection number="53-3-1007(7)(b)"><subsection number="53-3-1007(7)(b)(i)"><subsection number="53-3-1007(7)(b)(i)(A)">the division receives electronic notification from an ignition interlock system provider showing new proof of the installation of an ignition interlock system on the individual's vehicle or the vehicle the individual will be operating; or</subsection><subsection number="53-3-1007(7)(b)(i)(B)">if the individual does not own a vehicle or will not be operating a vehicle owned by another individual, the division receives electronic verification that the individual does not have a vehicle registered in the individual's name in the state, and receives employer verification, as defined in Subsection <xref depth="4" refnumber="41-6a-518(1)">41-6a-518(1)</xref>;</subsection></subsection><subsection number="53-3-1007(7)(b)(ii)">if the individual is not a resident of Utah, the division receives electronic verification that the individual is licensed in the individual's state of residence or is in the process of obtaining a license in the individual's state of residence; or</subsection><subsection number="53-3-1007(7)(b)(iii)">the individual's interlock restricted period has expired.</subsection></subsection></subsection><subsection number="53-3-1007(8)"><subsection number="53-3-1007(8)(a)">Upon receipt of a notice described in Subsection (2)(b) or (2)(c), the division shall extend the individual's ignition interlock restriction period by 60 days.</subsection><subsection number="53-3-1007(8)(b)">The division shall notify the individual of the modified ignition interlock restriction period described in Subsection (8)(a).</subsection></subsection><subsection number="53-3-1007(9)">In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules establishing:<subsection number="53-3-1007(9)(a)">procedures for certification and regulation of ignition interlock system providers;</subsection><subsection number="53-3-1007(9)(b)">acceptable documentation for proof of the installation of an ignition interlock device;</subsection><subsection number="53-3-1007(9)(c)">procedures for an ignition interlock system provider to electronically notify the division;</subsection><subsection number="53-3-1007(9)(d)">procedures for an ignition interlock system provider to provide monitoring of an ignition interlock system and reporting the results of monitoring;</subsection><subsection number="53-3-1007(9)(e)">procedures for the removal of an ignition interlock restriction if the individual is unable to provide a deep lung breath sample as a result of a medical condition and is unable to properly use an ignition interlock system as described in Subsection <xref depth="4" refnumber="41-6a-518.2(9)">41-6a-518.2(9)</xref>; and</subsection><subsection number="53-3-1007(9)(f)">policies and procedures for the administration of the ignition interlock system program created under this section.</subsection></subsection></section><section number="53-3-1008"><histories><history>Enacted by Chapter <modchap sess="2011GS">421</modchap>, 2011 General Session</history><modyear>2011</modyear></histories><catchline>Violations -- Penalties.</catchline><tab/>A violation of the requirement under this part to be licensed as an ignition interlock system provider or installer is a class C misdemeanor. </section></part></chapter><chapter number="53-5a"><catchline>Firearm Laws</catchline><part number="53-5a-1"><catchline>General Firearm Laws</catchline><section number="53-5a-101"><histories><history>Renumbered and Amended by Chapter <modchap sess="2008GS">382</modchap>, 2008 General Session</history><modyear>2008</modyear></histories><catchline>Title.</catchline><tab/>This chapter is known as "Firearm Laws." </section><section number="53-5a-101.5"><histories><history>Enacted by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Definitions.</catchline>As used in this part:<subsection number="53-5a-101.5(1)">"Ammunition" means the same as that term is defined in Section <xref depth="3" refnumber="53-5d-102">53-5d-102</xref>.</subsection><subsection number="53-5a-101.5(2)"><subsection number="53-5a-101.5(2)(a)">"Antique firearm" means:<subsection number="53-5a-101.5(2)(a)(i)">a firearm, including a firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898;</subsection><subsection number="53-5a-101.5(2)(a)(ii)">a firearm that is a replica of a firearm described in this Subsection (2)(a), if the replica:<subsection number="53-5a-101.5(2)(a)(ii)(A)">is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or</subsection><subsection number="53-5a-101.5(2)(a)(ii)(B)">uses rimfire or centerfire fixed ammunition which is no longer manufactured in the United States and is not readily available in ordinary channels of commercial trade; or</subsection></subsection><subsection number="53-5a-101.5(2)(a)(iii)">a firearm that:<subsection number="53-5a-101.5(2)(a)(iii)(A)">is a muzzle loading rifle, shotgun, or pistol; and</subsection><subsection number="53-5a-101.5(2)(a)(iii)(B)">is designed to use black powder, or a black powder substitute, and cannot use fixed ammunition.</subsection></subsection></subsection><subsection number="53-5a-101.5(2)(b)">"Antique firearm" does not include:<subsection number="53-5a-101.5(2)(b)(i)">a weapon that incorporates a firearm frame or receiver;</subsection><subsection number="53-5a-101.5(2)(b)(ii)">a firearm that is converted into a muzzle loading weapon; or</subsection><subsection number="53-5a-101.5(2)(b)(iii)">a muzzle loading weapon that can be readily converted to fire fixed ammunition by replacing the:<subsection number="53-5a-101.5(2)(b)(iii)(A)">barrel;</subsection><subsection number="53-5a-101.5(2)(b)(iii)(B)">bolt;</subsection><subsection number="53-5a-101.5(2)(b)(iii)(C)">breechblock; or</subsection><subsection number="53-5a-101.5(2)(b)(iii)(D)">any combination of Subsection (2)(b)(iii)(A), (B), or (C).</subsection></subsection></subsection></subsection><subsection number="53-5a-101.5(3)">"Bureau" means the Bureau of Criminal Identification created in Section <xref depth="3" refnumber="53-10-201">53-10-201</xref> within the department.</subsection><subsection number="53-5a-101.5(4)"><subsection number="53-5a-101.5(4)(a)">"Concealed firearm" means a firearm that is:<subsection number="53-5a-101.5(4)(a)(i)">covered, hidden, or secreted in a manner that the public would not be aware of the firearm's presence; and</subsection><subsection number="53-5a-101.5(4)(a)(ii)">readily accessible for immediate use.</subsection></subsection><subsection number="53-5a-101.5(4)(b)">"Concealed firearm" does not include a firearm that is unloaded and securely encased.</subsection></subsection><subsection number="53-5a-101.5(5)">"Court commissioner" means an individual appointed under Section <xref depth="3" refnumber="78A-5-107">78A-5-107</xref>.</subsection><subsection number="53-5a-101.5(6)">"Dangerous weapon" means the same as that term is defined in Section <xref depth="3" refnumber="76-11-101">76-11-101</xref>.</subsection><subsection number="53-5a-101.5(7)">"Directive" means the same as that term is defined in Section <xref depth="3" refnumber="78B-6-2301">78B-6-2301</xref>.</subsection><subsection number="53-5a-101.5(8)">"Firearm" means a pistol, revolver, shotgun, short barreled shotgun, rifle or short barreled rifle, or a device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive.</subsection><subsection number="53-5a-101.5(9)">"Firearm accessory" means the same as that term is defined in Section <xref depth="3" refnumber="53-5a-401">53-5a-401</xref>.</subsection><subsection number="53-5a-101.5(10)">"Handgun" means a pistol, revolver, or other firearm of any description, from which a shot, bullet, or other missile can be discharged, the length of which, not including any revolving, detachable, or magazine breech, does not exceed 12 inches.</subsection><subsection number="53-5a-101.5(11)">"Judge" means the same as that term is defined in Section <xref depth="3" refnumber="53-5a-311">53-5a-311</xref>.</subsection><subsection number="53-5a-101.5(12)">"Law enforcement official" means the same as that term is defined in Section <xref depth="3" refnumber="53-5a-311">53-5a-311</xref>.</subsection><subsection number="53-5a-101.5(13)">"Local or state governmental entity" means the same as that term is defined in Section <xref depth="3" refnumber="78B-6-2301">78B-6-2301</xref>.</subsection><subsection number="53-5a-101.5(14)">"Readily accessible for immediate use" means that a firearm or other dangerous weapon is carried on the person or within such close proximity and in such a manner that the weapon can be retrieved and used as readily as if carried on the person.</subsection><subsection number="53-5a-101.5(15)">"Securely encased firearm" means the same as that term is defined in Section <xref depth="3" refnumber="76-11-201">76-11-201</xref>.</subsection><subsection number="53-5a-101.5(16)">"Short barreled rifle" means the same as that term is defined in Section <xref depth="3" refnumber="53-5a-601">53-5a-601</xref>.</subsection><subsection number="53-5a-101.5(17)">"Short barreled shotgun" means the same as that term is defined in Section <xref depth="3" refnumber="53-5a-601">53-5a-601</xref>.</subsection><subsection number="53-5a-101.5(18)">"Shotgun" means the same as that term is defined in Section <xref depth="3" refnumber="53-5a-601">53-5a-601</xref>.</subsection><subsection number="53-5a-101.5(19)">"Slug" means the same as that term is defined in Section <xref depth="3" refnumber="53-5a-601">53-5a-601</xref>.</subsection></section><section number="53-5a-102"><histories><history>Amended by Chapter <modchap sess="2025GS">173</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Uniform firearm laws.</catchline><subsection number="53-5a-102(1)">The individual right to keep and bear arms being a constitutionally protected right under Utah Constitution Article I, Section 6, and the Second Amendment to the United States Constitution, the Legislature finds the need to provide uniform civil and criminal firearm laws throughout the state and declares that the Legislature occupies the whole field of state regulation of firearms.</subsection><subsection number="53-5a-102(2)">Except as specifically provided by state law, a local or state governmental entity may not:<subsection number="53-5a-102(2)(a)">prohibit an individual from owning, possessing, purchasing, selling, transferring, transporting, or keeping a firearm, ammunition, or a firearm accessory at the individual's place of residence, property, business, or in any vehicle in which the individual is lawfully present; or</subsection><subsection number="53-5a-102(2)(b)">require an individual to have a permit or license to purchase, own, possess, transport, or keep a firearm, ammunition, or a firearm accessory.</subsection></subsection><subsection number="53-5a-102(3)">This part and Title 76, Chapter 11, Weapons, are uniformly applicable throughout the state and in all the political subdivisions of the state.</subsection><subsection number="53-5a-102(4)">Authority to regulate firearms, ammunition, and firearm accessories is reserved to the state except where the Legislature specifically delegates responsibility to local or state governmental entities.</subsection><subsection number="53-5a-102(5)">Unless specifically authorized by the Legislature by statute, a local or state governmental entity may not enact, establish, or enforce a directive pertaining to firearms, ammunition, or firearm accessories that in any way inhibits or restricts the possession, ownership, purchase, sale, transfer, transport, or use of firearms, ammunition, or firearm accessories on either public or private property.</subsection><subsection number="53-5a-102(6)">This section does not restrict or expand private property rights.</subsection><subsection number="53-5a-102(7)">A violation of this section is subject to <xref depth="2" refnumber="78B-6-23" start="0">Title 78B, Chapter 6, Part 23, Firearm Preemption Enforcement Act</xref>.</subsection></section><section number="53-5a-102.1"><histories><history>Enacted by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>When a firearm is considered to be loaded.</catchline>For the purpose of this chapter, a firearm is considered to be loaded if the firearm meets the conditions described in Subsection <xref refnumber="76-11-102(1)" depth="4">76-11-102(1)</xref>.</section><section number="53-5a-102.2"><histories><history>Amended by Chapter <modchap sess="2026GS">171</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Open and concealed carry of a firearm outside of an individual's residence.</catchline><subsection number="53-5a-102.2(1)">To effectuate the Second Amendment to the United States Constitution and Utah Constitution, Article I, Section 6, that prohibit the infringement of the right of the people of Utah to keep and bear arms for security and defense of self, family, others, property, or the state, as well as for other lawful purposes, and consistent with the Legislature's ability to define the lawful use of arms:<subsection number="53-5a-102.2(1)(a)">subject to Subsections <xref refnumber="53-5a-102.2(2)(a)" depth="4">(2)(a)</xref> and (b), an individual 18 years old or older but younger than 21 years old without a provisional concealed carry permit issued under Section <xref depth="3" refnumber="53-5a-305">53-5a-305</xref> and who may otherwise lawfully possess firearms, may only carry in an open manner:<subsection number="53-5a-102.2(1)(a)(i)">an unloaded rifle, shotgun, or muzzle-loading rifle in a vehicle in which the individual is lawfully present;</subsection><subsection number="53-5a-102.2(1)(a)(ii)">an unloaded or loaded handgun in a vehicle in which the individual is lawfully present; and</subsection><subsection number="53-5a-102.2(1)(a)(iii)">an unloaded firearm that the individual may otherwise lawfully carry:<subsection number="53-5a-102.2(1)(a)(iii)(A)">on a public street; or</subsection><subsection number="53-5a-102.2(1)(a)(iii)(B)">in any other public location not prohibited by, or in accordance with, state statute or federal law;</subsection></subsection></subsection><subsection number="53-5a-102.2(1)(b)">subject to Subsection <xref depth="4" refnumber="53-5a-102.2(2)(b)">(2)(b)</xref>, an individual 21 years old or older who may otherwise lawfully possess firearms, may open or conceal carry, without a conceal carry permit:<subsection number="53-5a-102.2(1)(b)(i)">an unloaded or loaded firearm:<subsection number="53-5a-102.2(1)(b)(i)(A)">on a public street; or</subsection><subsection number="53-5a-102.2(1)(b)(i)(B)">in any other place not prohibited by, or pursuant to, state statute or federal law;</subsection></subsection><subsection number="53-5a-102.2(1)(b)(ii)">an unloaded or loaded handgun in a vehicle in which the individual is lawfully present; and</subsection><subsection number="53-5a-102.2(1)(b)(iii)">an unloaded rifle, shotgun, or muzzle-loading rifle in a vehicle in which the individual is lawfully present; and</subsection></subsection><subsection number="53-5a-102.2(1)(c)">subject to Subsections <xref depth="4" refnumber="53-5a-102.2(2)(c)">(2)(c)</xref> and <xref depth="4" refnumber="53-5a-102.2(d)">(d)</xref>, an individual 18 years old or older with a concealed carry permit issued under Section <xref depth="3" refnumber="53-5a-303">53-5a-303</xref>, a temporary concealed carry permit issued under Section <xref depth="3" refnumber="53-5a-304">53-5a-304</xref>, a provisional concealed carry permit issued under Section <xref depth="3" refnumber="53-5a-305">53-5a-305</xref>, or a concealed carry permit lawfully issued by or in another state, who may otherwise lawfully possess firearms, may open or conceal carry a loaded or unloaded firearm:<subsection number="53-5a-102.2(1)(c)(i)">in a vehicle in which the individual is lawfully present;</subsection><subsection number="53-5a-102.2(1)(c)(ii)">on a public street; or</subsection><subsection number="53-5a-102.2(1)(c)(iii)">in any other place not prohibited by, or pursuant to, state statute or federal law.</subsection></subsection></subsection><subsection number="53-5a-102.2(2)"><subsection number="53-5a-102.2(2)(a)">An individual 18 years old or older but younger than 21 years old under Subsection <xref refnumber="53-5a-102.2(1)(a)" depth="4">(1)(a)</xref> without a provisional concealed carry permit issued under Section <xref depth="3" refnumber="53-5a-305">53-5a-305</xref> may not carry a firearm in any manner:<subsection number="53-5a-102.2(2)(a)(i)">in a secure area established in accordance with Section <xref depth="3" refnumber="76-8-311.1">76-8-311.1</xref> in which dangerous weapons are prohibited and notice of the prohibition is posted;</subsection><subsection number="53-5a-102.2(2)(a)(ii)">on or about the premises of a public or private elementary school or secondary school as described in Section <xref depth="3" refnumber="76-11-205">76-11-205</xref>;</subsection><subsection number="53-5a-102.2(2)(a)(iii)">on or about the premises of an institution of higher education as described in Section <xref depth="3" refnumber="76-11-205.5">76-11-205.5</xref>;</subsection><subsection number="53-5a-102.2(2)(a)(iv)">on or about the premises of a daycare as described in Section <xref depth="3" refnumber="76-11-206">76-11-206</xref>;</subsection><subsection number="53-5a-102.2(2)(a)(v)">in an airport secure area as described in Section <xref depth="3" refnumber="76-11-218">76-11-218</xref>;</subsection><subsection number="53-5a-102.2(2)(a)(vi)">in a house of worship or in any private residence where dangerous weapons are prohibited as described in Section <xref depth="3" refnumber="76-11-219">76-11-219</xref>; or</subsection><subsection number="53-5a-102.2(2)(a)(vii)">in any other place prohibited by, or pursuant to, another state statute or federal law.</subsection></subsection><subsection number="53-5a-102.2(2)(b)">An individual 21 years old or older without a concealed carry permit under Subsection <xref refnumber="53-5a-102.2(1)(b)" depth="4">(1)(b)</xref> may not:<subsection number="53-5a-102.2(2)(b)(i)">carry a firearm in any manner:<subsection number="53-5a-102.2(2)(b)(i)(A)">in a secure area established in accordance with Section <xref depth="3" refnumber="76-8-311.1">76-8-311.1</xref> in which dangerous weapons are prohibited and notice of the prohibition is posted;</subsection><subsection number="53-5a-102.2(2)(b)(i)(B)">on or about the school premises of a public or private elementary school or secondary school as described in Section <xref depth="3" refnumber="76-11-205">76-11-205</xref>;</subsection><subsection number="53-5a-102.2(2)(b)(i)(C)">on or about a daycare premises as described in Section <xref depth="3" refnumber="76-11-206">76-11-206</xref>;</subsection><subsection number="53-5a-102.2(2)(b)(i)(D)">in an airport secure area as described in Section <xref depth="3" refnumber="76-11-218">76-11-218</xref>;</subsection><subsection number="53-5a-102.2(2)(b)(i)(E)">in a house of worship or in any private residence where dangerous weapons are prohibited as described in Section <xref depth="3" refnumber="76-11-219">76-11-219</xref>; or</subsection><subsection number="53-5a-102.2(2)(b)(i)(F)">in any other place prohibited by, or pursuant to, another state statute or federal law; or</subsection></subsection><subsection number="53-5a-102.2(2)(b)(ii)">openly carry a firearm, unless lawfully responding to an active threat in accordance with Section <xref depth="3" refnumber="76-2-402">76-2-402</xref>, <xref depth="3" refnumber="76-2-405">76-2-405</xref>, or <xref depth="3" refnumber="76-2-407">76-2-407</xref>, on or about the premises of an institution of higher education as described in Section <xref depth="3" refnumber="76-11-205.5">76-11-205.5</xref>.</subsection></subsection><subsection number="53-5a-102.2(2)(c)">Subject to Subsection <xref refnumber="53-5a-102.2(2)(d)" depth="4">(2)(d)</xref>, an individual with a concealed carry permit under Subsection <xref refnumber="53-5a-102.2(1)(c)" depth="4">(1)(c)</xref> may not:<subsection number="53-5a-102.2(2)(c)(i)">carry a firearm in any manner:<subsection number="53-5a-102.2(2)(c)(i)(A)">in a secure area established in accordance with Section <xref depth="3" refnumber="76-8-311.1">76-8-311.1</xref> in which dangerous weapons are prohibited and notice of the prohibition posted;</subsection><subsection number="53-5a-102.2(2)(c)(i)(B)">in an airport secure area as described in Section <xref depth="3" refnumber="76-11-218">76-11-218</xref>;</subsection><subsection number="53-5a-102.2(2)(c)(i)(C)">in a house of worship or in any private residence where dangerous weapons are prohibited as described in Section <xref depth="3" refnumber="76-11-219">76-11-219</xref>; or</subsection><subsection number="53-5a-102.2(2)(c)(i)(D)">in any other place prohibited by, or pursuant to, another state statute or federal law; or</subsection></subsection><subsection number="53-5a-102.2(2)(c)(ii)">openly carry a firearm, unless lawfully responding to an active threat in accordance with Section <xref depth="3" refnumber="76-2-402">76-2-402</xref>, <xref depth="3" refnumber="76-2-405">76-2-405</xref>, or <xref depth="3" refnumber="76-2-407">76-2-407</xref>:<subsection number="53-5a-102.2(2)(c)(ii)(A)">on or about the premises of a public or private elementary school or secondary school as described in Section <xref depth="3" refnumber="76-11-205">76-11-205</xref>; or</subsection><subsection number="53-5a-102.2(2)(c)(ii)(B)">on or about the premises of an institution of higher education as described in Section <xref depth="3" refnumber="76-11-205.5">76-11-205.5</xref>.</subsection></subsection></subsection><subsection number="53-5a-102.2(2)(d)">In addition to the restrictions described in Subsection <xref refnumber="53-5a-102.2(2)(c)" depth="4">(2)(c)</xref>:<subsection number="53-5a-102.2(2)(d)(i)">an individual 18 years old but younger than 21 years old with a provisional concealed carry permit under Section <xref depth="3" refnumber="53-5a-304">53-5a-304</xref> may not carry a firearm in any manner on or about the premises of a public or private elementary school or secondary school as described in Section <xref depth="3" refnumber="76-11-205">76-11-205</xref>; and</subsection><subsection number="53-5a-102.2(2)(d)(ii)">an individual with only a concealed carry permit lawfully issued by or in another state may not carry a firearm in any manner:<subsection number="53-5a-102.2(2)(d)(ii)(A)">on or about the premises of a public or private elementary school or secondary school as described in Section <xref depth="3" refnumber="76-11-205">76-11-205</xref>; or</subsection><subsection number="53-5a-102.2(2)(d)(ii)(B)">on or about the premises of a daycare as described in Section <xref depth="3" refnumber="76-11-206">76-11-206</xref>.</subsection></subsection></subsection></subsection><subsection number="53-5a-102.2(3)">This section does not prohibit:<subsection number="53-5a-102.2(3)(a)">the owner or lawful possessor of a vehicle from prohibiting another individual from carrying a firearm in the owner or lawful possessor's vehicle; or</subsection><subsection number="53-5a-102.2(3)(b)">except as provided in Section <xref depth="3" refnumber="53-5a-102.3">53-5a-102.3</xref>, the owner or lawful lessee of private real property from prohibiting another individual from possessing a firearm on the property.</subsection></subsection><subsection number="53-5a-102.2(4)">An individual is lawfully present in a vehicle while carrying a firearm under this section if:<subsection number="53-5a-102.2(4)(a)">the vehicle is in the lawful possession of the individual; or</subsection><subsection number="53-5a-102.2(4)(b)">the individual has the consent of the person lawfully in possession of the vehicle to carry the firearm in the vehicle.</subsection></subsection></section><section number="53-5a-102.3"><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">173</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Renumbered and Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Possession of a firearm at a residence or on real property.</catchline><subsection number="53-5a-102.3(1)">Except for an individual categorized as a restricted person under Section <xref depth="3" refnumber="76-11-302">76-11-302</xref>, Section <xref depth="3" refnumber="76-11-303">76-11-303</xref>, or 18 U.S.C. Sec. 922(g), or an individual otherwise prohibited by law, an individual 18 years old or older may have, and cannot be restricted from having, a loaded or unloaded firearm:<subsection number="53-5a-102.3(1)(a)">at the individual's place of residence; or</subsection><subsection number="53-5a-102.3(1)(b)">on the individual's real property.</subsection></subsection><subsection number="53-5a-102.3(2)">An individual's place of residence described in Subsection <xref depth="4" refnumber="76-10-511(1)(a)">(1)(a)</xref> includes:<subsection number="53-5a-102.3(2)(a)">a temporary residence or camp; or</subsection><subsection number="53-5a-102.3(2)(b)">a residence that the individual has been granted the lawful right of possession to rent or lease.</subsection></subsection></section><section number="53-5a-103"><histories><history>Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Discharge of a firearm on private property -- Liability.</catchline><subsection number="53-5a-103(1)">As used in this section:<subsection number="53-5a-103(1)(a)">"Firearm possessor" means an individual who may lawfully possess a firearm.</subsection><subsection number="53-5a-103(1)(b)">"Property occupant" means:<subsection number="53-5a-103(1)(b)(i)">a private property owner; or</subsection><subsection number="53-5a-103(1)(b)(ii)">an individual who has the right to occupy a private property under an agreement.</subsection></subsection></subsection><subsection number="53-5a-103(2)">Except as provided under Subsection <xref depth="4" refnumber="53-5a-103(3)" start="0">(3)</xref>, a property occupant, who knowingly allows a firearm possessor to lawfully bring a firearm onto the property occupant's property, is not civilly or criminally liable for any damage or harm resulting from the discharge of the firearm by the firearm possessor while on the property occupant's property.</subsection><subsection number="53-5a-103(3)">Subsection <xref depth="4" refnumber="53-5a-103(2)" start="0">(2)</xref> does not apply if the property occupant solicits, requests, commands, encourages, or intentionally aids the firearm possessor in discharging the firearm while on the property occupant's property for a purpose other than the lawful defense of an individual on the property.</subsection><subsection number="53-5a-103(4)">This section does not alter the responsibilities a tenant owes to a landlord under the terms of the lease agreement entered into between the tenant and landlord.</subsection></section><section number="53-5a-103.5"><histories><history>Enacted by Chapter <modchap sess="2022GS">428</modchap>, 2022 General Session</history><modyear>2022</modyear></histories><catchline>Firearm regulation in homeless shelters.</catchline><subsection number="53-5a-103.5(1)"> As used in this section: <subsection number="53-5a-103.5(1)(a)"><subsection number="53-5a-103.5(1)(a)(i)"> "Homeless shelter" means a permanent or temporary facility operated or owned by a local or state governmental entity that provides temporary shelter to homeless individuals and has the capacity to provide temporary shelter to at least 10 individuals per night.</subsection><subsection number="53-5a-103.5(1)(a)(ii)"> "Homeless shelter" does not include a permanent or temporary facility operated by a local or state governmental entity that provides temporary shelter to individuals displaced due to a disaster or under a state of emergency.</subsection></subsection><subsection number="53-5a-103.5(1)(b)"> "Local or state governmental entity" means the same as that term is defined in Section <xref depth="3" refnumber="78B-6-2301" start="0">78B-6-2301</xref>.</subsection></subsection><subsection number="53-5a-103.5(2)"><subsection number="53-5a-103.5(2)(a)"> Except as provided in Subsection <xref depth="4" refnumber="53-5a-103.5(2)(b)" start="0">(2)(b)</xref> and subject to Subsection <xref depth="4" refnumber="53-5a-103.5(3)" start="0">(3)</xref>, a local or state governmental entity may prohibit the possession of a firearm within a homeless shelter over which the local or state government entity exercises authority.</subsection><subsection number="53-5a-103.5(2)(b)"> A local or state governmental entity may not prohibit the possession of a firearm on the grounds outside of a homeless shelter.</subsection></subsection><subsection number="53-5a-103.5(3)"> If a local or state governmental entity prohibits the possession of a firearm under Subsection <xref depth="4" refnumber="53-5a-103.5(2)" start="0">(2)</xref>, the local or state governmental entity shall: <subsection number="53-5a-103.5(3)(a)"> display readily visible signage at all public entrances of the homeless shelter indicating that firearms are not permitted inside the homeless shelter;</subsection><subsection number="53-5a-103.5(3)(b)"><subsection number="53-5a-103.5(3)(b)(i)"> provide a means of detecting a firearm at all public entrances to the homeless shelter; and</subsection><subsection number="53-5a-103.5(3)(b)(ii)"> ensure an individual is physically present at a public entrance to the homeless shelter when the public entrance to the homeless shelter is in use;</subsection></subsection><subsection number="53-5a-103.5(3)(c)"> provide secure storage for a firearm while an individual is inside the homeless shelter; and</subsection><subsection number="53-5a-103.5(3)(d)"> prohibit the collection of information about a firearm that is stored at the homeless shelter, including taking a photograph of the firearm or recording the serial number of the firearm.</subsection></subsection><subsection number="53-5a-103.5(4)"> A stored firearm in a homeless shelter that is abandoned for more than seven days by the owner of the firearm may be relinquished by the homeless shelter to a law enforcement agency for disposal.</subsection></section><section number="53-5a-104"><histories><history>Amended by Chapter <modchap sess="2017GS">245</modchap>, 2017 General Session</history><modyear>2017</modyear></histories><catchline>Firearm transfer certification or notification.</catchline><subsection number="53-5a-104(1)"> As used in this section: <subsection number="53-5a-104(1)(a)"> "Certification" means the participation and assent of the chief law enforcement officer necessary under federal law for the approval of the application to transfer or make a firearm.</subsection><subsection number="53-5a-104(1)(b)"> "Chief law enforcement officer" means any official that the Bureau of Alcohol, Tobacco, Firearms and Explosives, or any successor agency, identifies by regulation or otherwise as eligible to provide any required certification for the making or transfer of a firearm.</subsection><subsection number="53-5a-104(1)(c)"> "Firearm" means the same as that term is defined in the National Firearms Act, 26 U.S.C. Sec. 5845(a).</subsection><subsection number="53-5a-104(1)(d)"> "Local law enforcement agency" means the same as that term is described in 18 U.S.C. Sec. 923.</subsection><subsection number="53-5a-104(1)(e)"> "Notification" means any form or record that is subject to 18 U.S.C. Sec. 923(g)(3)(B).</subsection></subsection><subsection number="53-5a-104(2)"> A chief law enforcement officer may not make a certification under this section that the chief law enforcement officer knows to be untrue. The chief law enforcement officer may not refuse to provide certification based on a generalized objection to private persons or entities making, possessing, or receiving firearms or any certain type of firearm, the possession of which is not prohibited by law.</subsection><subsection number="53-5a-104(3)"> Upon receiving a federal firearm transfer form a chief law enforcement officer or the chief law enforcement officer's designee shall provide certification if the applicant: <subsection number="53-5a-104(3)(a)"> is not prohibited by law from receiving or possessing the firearm; or</subsection><subsection number="53-5a-104(3)(b)"> is not the subject of a proceeding that could result in the applicant being prohibited by law from receiving or possessing the firearm.</subsection></subsection><subsection number="53-5a-104(4)"> The chief law enforcement officer, the chief law enforcement officer's designee, or official signing the federal transfer form shall: <subsection number="53-5a-104(4)(a)"> return the federal transfer form to the applicant within 15 calendar days; or</subsection><subsection number="53-5a-104(4)(b)"> if the applicant is denied, provide to the applicant the reasons for denial in writing within 15 calendar days.</subsection></subsection><subsection number="53-5a-104(5)"> Chief law enforcement officers and their employees who act in good faith when acting within the scope of their duties are immune from liability arising from any act or omission in making a certification as required by this section. Any action taken against a chief law enforcement officer or an employee shall be in accordance with <xref depth="1" refnumber="63G-7" start="0">Title 63G, Chapter 7, Governmental Immunity Act of Utah</xref>.</subsection><subsection number="53-5a-104(6)"> A chief law enforcement officer or local law enforcement agency that receives a certification or notification shall destroy and delete the certification or notification and any other record that contains information obtained from the certification or notification within 15 days after the day on which the chief law enforcement officer or local law enforcement agency receives the certification or notification.</subsection><subsection number="53-5a-104(7)"> A certification or notification and any other record or portion of a record that contains information gathered from the certification or notification is classified as a private record in accordance with <xref depth="1" refnumber="63G-2" start="0">Title 63G, Chapter 2, Government Records Access and Management Act</xref>.</subsection></section><section number="53-5a-105"><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Number or mark assigned to a handgun by the department.</catchline><subsection number="53-5a-105(1)">The department, upon request, may assign a distinguishing number or mark of identification to a handgun whenever it is without a manufacturer's number, or other mark of identification or whenever the manufacturer's number or other mark of identification or the distinguishing number or mark assigned by the department has been destroyed or obliterated.</subsection><subsection number="53-5a-105(2)">Except as provided in Subsection <xref refnumber="76-10-520(3)" depth="4">(3)</xref>, an individual who places or stamps a mark of identification or distinguishing number on a handgun except one assigned to the handgun by the department is guilty of a class A misdemeanor.</subsection><subsection number="53-5a-105(3)">This section does not:<subsection number="53-5a-105(3)(a)">prohibit restoration by the owner of the name of the maker, model, or of the original manufacturer's number or other mark of identification when the restoration is authorized by the department;</subsection><subsection number="53-5a-105(3)(b)">prohibit a manufacturer from placing in the ordinary course of business the name of the make, model, manufacturer's number, or other mark of identification upon a new handgun; or</subsection><subsection number="53-5a-105(3)(c)">apply to a handgun that is an antique firearm.</subsection></subsection></section><section number="53-5a-106"><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Alteration of number or mark on a handgun.</catchline><subsection number="53-5a-106(1)">An individual may not change, alter, remove, or obliterate the name of the maker, the model, manufacturer's number, or other mark of identification, including any distinguishing number or mark assigned by the department, on a handgun, without first having secured written permission from the department to make the change, alteration, removal,or obliteration.</subsection><subsection number="53-5a-106(2)">Except as provided in Subsection <xref refnumber="76-10-522(3)" depth="4">(3)</xref>, a violation of Subsection <xref refnumber="76-10-522(1)" depth="4">(1)</xref> is a class A misdemeanor.</subsection><subsection number="53-5a-106(3)">This section does not apply to a handgun that is an antique firearm.</subsection></section><section number="53-5a-107"><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">173</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Renumbered and Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Compliance with firearms prohibitions in secure facilities.</catchline><tab/>An individual, including an individual with a concealed firearm permit issued under Part 3, Concealed Firearm Permits, or possessing a concealed firearm without a permit in accordance with Section <xref depth="3" refnumber="53-5a-102.2">53-5a-102.2</xref>, shall comply with any rule established by a secure facility pursuant to Section <xref depth="3" refid="C76-8-S311.1_1800010118000101" refnumber="76-8-311.1" start="0">76-8-311.1</xref> and is subject to any penalty provided for violating the established rule.</section><section number="53-5a-108"><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">173</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Renumbered and Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Individuals who are exempt from certain weapons laws.</catchline><subsection number="53-5a-108(1)">Except as provided in Subsections <xref refnumber="76-10-523(2)" depth="4">(2)</xref> and (3), this part, Part 3, Concealed Firearm Permits, and Title 76, Chapter 11, Weapons, do not apply to any of the following:<subsection number="53-5a-108(1)(a)">a United States marshal;</subsection><subsection number="53-5a-108(1)(b)">a federal official required to carry a firearm;</subsection><subsection number="53-5a-108(1)(c)">a peace officer of any jurisdiction;</subsection><subsection number="53-5a-108(1)(d)">a law enforcement official with a certificate issued under Section <xref depth="4" refnumber="53-5a-311(4)">53-5a-311(4)</xref>;</subsection><subsection number="53-5a-108(1)(e)">a judge with a certificate issued under Section <xref depth="4" refnumber="53-5a-311(4)">53-5a-311(4)</xref>;</subsection><subsection number="53-5a-108(1)(f)">a court commissioner with a certificate issued under Section <xref depth="4" refnumber="53-5a-311(4)">53-5a-311(4)</xref>; or</subsection><subsection number="53-5a-108(1)(g)">a common carrier while engaged in the regular and ordinary transport of firearms as merchandise.</subsection></subsection><subsection number="53-5a-108(2)">Subsection <xref refnumber="76-10-523(1)" depth="4">(1)</xref> does not apply to Section <xref depth="3" refnumber="76-11-207">76-11-207</xref>, <xref depth="3" refnumber="76-11-209">76-11-209</xref>, or <xref depth="3" refnumber="76-11-210">76-11-210</xref>.</subsection><subsection number="53-5a-108(3)">Notwithstanding Subsection <xref depth="4" refnumber="76-10-523(1)" start="0">(1)</xref>, the provisions of Section <xref depth="3" refnumber="76-11-217">76-11-217</xref> apply to any individual listed in Subsection <xref depth="4" refnumber="76-10-523(1)" start="0">(1)</xref> who is not employed by a state or federal agency or political subdivision that has adopted a policy or rule regarding the use of dangerous weapons.</subsection></section></part><part number="53-5a-2"><catchline>Federal Firearm Enforcement Limitation Act</catchline><section number="53-5a-201"><histories><history>Enacted by Chapter <modchap sess="2023GS">395</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Findings.</catchline><tab/>To protect and preserve the individual right to keep and bear arms as guaranteed by the Second Amendment to the United States Constitution and <ext_ref type="Utah Constitution">Utah Constitution, Article I, Section 6</ext_ref>, the Legislature makes the following findings:<subsection number="53-5a-201(1)"> the Tenth Amendment to the United States Constitution guarantees to the state and the state's people all powers not granted to the federal government elsewhere in the United States Constitution and reserves to the state and people of Utah certain powers as those powers were understood at the time that Utah was admitted to statehood;</subsection><subsection number="53-5a-201(2)"> the guarantee of powers to the state and the state's people under the Tenth Amendment is a matter of contract between the state and people of Utah and the United States as of the time of statehood;</subsection><subsection number="53-5a-201(3)"> the Ninth Amendment to the United States Constitution guarantees to the people rights not granted in the United States Constitution and reserves to the people of Utah certain rights as those rights were understood at the time that Utah was admitted to statehood;</subsection><subsection number="53-5a-201(4)"> the guarantee of rights to the people under the Ninth Amendment is a matter of contract between the state and people of Utah and the United States as of the time of statehood;</subsection><subsection number="53-5a-201(5)"> the Second Amendment to the United States Constitution reserves to the people the right to keep and bear arms as that right was understood at the time that Utah was admitted to statehood, and the guarantee of the right is a matter of contract between the state and people of Utah and the United States as of the time of statehood; and</subsection><subsection number="53-5a-201(6)"> the Utah Constitution clearly secures to Utah citizens, and prohibits unconstitutional government interference with, the right of individual Utah citizens to keep and bear arms.</subsection></section><section number="53-5a-202"><histories><history>Amended by Chapter <modchap sess="2025GS">173</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="53-5a-202(1)"><subsection number="53-5a-202(1)(a)">"Federal regulation" means a federal executive order, rule, or regulation that infringes upon, prohibits, restricts, or requires individual licensure for, or registration of, the purchase, ownership, possession, transfer, or use of a firearm, ammunition, or firearm accessory.</subsection><subsection number="53-5a-202(1)(b)">"Federal regulation" does not include:<subsection number="53-5a-202(1)(b)(i)">a federal firearm statute; or</subsection><subsection number="53-5a-202(1)(b)(ii)">a federal executive order, rule, or regulation that is incorporated into the Utah Code by reference.</subsection></subsection></subsection><subsection number="53-5a-202(2)">"Firearm" means the same as that term is defined in Section <xref depth="3" refnumber="76-11-101">76-11-101</xref>.</subsection><subsection number="53-5a-202(3)">"Law enforcement officer" means the same as that term is defined in Section <xref depth="3" refnumber="53-13-103">53-13-103</xref>.</subsection><subsection number="53-5a-202(4)">"Political subdivision" means a city, town, county, special district, or water conservancy district.</subsection></section><section number="53-5a-203"><histories><history>Enacted by Chapter <modchap sess="2023GS">395</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Prohibition on enforcement.</catchline><subsection number="53-5a-203(1)"> A law enforcement officer, state employee, or employee of a political subdivision is prohibited from implementing, enforcing, assisting, or cooperating in the enforcement of a federal regulation on firearms, firearm accessories, or ammunition.</subsection><subsection number="53-5a-203(2)"> An employee of the state or a political subdivision may not expend public funds or allocate public resources for the enforcement of a federal regulation on firearms, firearm accessories, or ammunition.</subsection><subsection number="53-5a-203(3)"> Notwithstanding Subsection <xref depth="4" refnumber="53-5a-203(1)" start="0">(1)</xref> or <xref depth="4" refnumber="53-5a-203(2)" start="0">(2)</xref>, this section does not prohibit or otherwise limit a law enforcement officer, state employee, or employee of a political subdivision from: <subsection number="53-5a-203(3)(a)"> cooperating, communicating, or collaborating with a federal agency if the primary purpose of the cooperation is not the investigation or enforcement of a federal regulation on firearms, ammunition, or firearm accessories;</subsection><subsection number="53-5a-203(3)(b)"> serving on or participating in:<subsection number="53-5a-203(3)(b)(i)"> a federal law enforcement task force or program if: <subsection number="53-5a-203(3)(b)(i)(A)"> investigation and prosecution of state or federal firearms regulations are part of the duties of the task force or program; or</subsection><subsection number="53-5a-203(3)(b)(i)(B)"> the law enforcement officer, state employee, or employee of the political subdivision is compensated by federal funds; or</subsection></subsection><subsection number="53-5a-203(3)(b)(ii)"> a state law enforcement task force or program that: <subsection number="53-5a-203(3)(b)(ii)(A)"> receives federal funding; or</subsection><subsection number="53-5a-203(3)(b)(ii)(B)"> has participation from federal law enforcement officials; or</subsection></subsection></subsection><subsection number="53-5a-203(3)(c)"> referring an investigation to a federal law enforcement agency if the law enforcement officer, state employee, or political subdivision employee reasonably believes that a federal law regarding firearms, ammunition, or firearm accessories has been violated.</subsection></subsection><subsection number="53-5a-203(4)"> This section does not apply to: <subsection number="53-5a-203(4)(a)"> a law enforcement officer or state employee employed by or assisting:<subsection number="53-5a-203(4)(a)(i)"> the Bureau of Criminal Identification of the Department of Public Safety established in Section <xref depth="3" refnumber="53-10-201" start="0">53-10-201</xref>;</subsection><subsection number="53-5a-203(4)(a)(ii)"> the Peace Officer Standards and Training Division created in Section <xref depth="3" refnumber="53-6-103" start="0">53-6-103</xref>; or</subsection><subsection number="53-5a-203(4)(a)(iii)"> the Utah National Guard or the Utah State Defense Force created in <xref depth="0" refnumber="39A" start="0">Title 39A, National Guard and Militia Act</xref>; or</subsection></subsection><subsection number="53-5a-203(4)(b)"> an individual who:<subsection number="53-5a-203(4)(b)(i)"> is appointed as a Special Assistant U.S. Attorney under 18 U.S.C. Sec. 925D; or</subsection><subsection number="53-5a-203(4)(b)(ii)"> is assisting another individual that is appointed as a Special Assistant U.S. Attorney under 18 U.S.C. Sec. 925D.</subsection></subsection></subsection></section></part><part number="53-5a-3"><catchline>Concealed Firearm Permits</catchline><section number="53-5a-301"><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="53-5a-301(1)">"Active duty service member" means an individual on active military duty with the United States military and includes full time military active duty, military reserve active duty, and national guard military active duty service members stationed in Utah.</subsection><subsection number="53-5a-301(2)">"Active duty service member spouse" means an individual recognized by the military as the spouse of an active duty service member and who resides with the active duty service member in Utah.</subsection><subsection number="53-5a-301(3)">"Board" means the Concealed Firearm Review Board created in Section <xref depth="3" refnumber="53-5a-302">53-5a-302</xref>.</subsection><subsection number="53-5a-301(4)">"Bureau" means the Bureau of Criminal Identification created in Section <xref depth="3" refnumber="53-10-201">53-10-201</xref> within the department.</subsection><subsection number="53-5a-301(5)">"Concealed firearm" means the same as that term is defined in Section <xref depth="3" refnumber="53-5a-101.5">53-5a-101.5</xref>.</subsection><subsection number="53-5a-301(6)">"Conviction" means criminal conduct in which the filing of a criminal charge has resulted in:<subsection number="53-5a-301(6)(a)">a finding of guilt based on evidence presented to a judge or jury;</subsection><subsection number="53-5a-301(6)(b)">a guilty plea;</subsection><subsection number="53-5a-301(6)(c)">a plea of nolo contendere;</subsection><subsection number="53-5a-301(6)(d)">a plea of guilty or nolo contendere that is held in abeyance pending the successful completion of probation;</subsection><subsection number="53-5a-301(6)(e)">a pending diversion agreement; or</subsection><subsection number="53-5a-301(6)(f)">a conviction that has been reduced in accordance with Section <xref depth="3" refnumber="76-3-402">76-3-402</xref>.</subsection></subsection><subsection number="53-5a-301(7)">"Dangerous weapon" means the same as that term is defined in Section <xref depth="3" refnumber="76-11-101">76-11-101</xref>.</subsection><subsection number="53-5a-301(8)">"Domestic violence" means the same as that term is defined in Section <xref depth="3" refnumber="77-36-1">77-36-1</xref>.</subsection><subsection number="53-5a-301(9)">"Firearm" means the same as that term is defined in Section <xref depth="3" refnumber="53-5a-101.5">53-5a-101.5</xref>.</subsection><subsection number="53-5a-301(10)"><subsection number="53-5a-301(10)(a)">"School employee" means an employee of a public school district, charter school, or private school whose duties, responsibilities, or assignments require the employee to be physically present on a school's campus at least half of the days on which school is held during a school year.</subsection><subsection number="53-5a-301(10)(b)">"School employee" also means a substitute teacher, as defined in Section <xref depth="3" refnumber="53E-6-901">53E-6-901</xref>.</subsection></subsection><subsection number="53-5a-301(11)">"School year" means the period of time designated by a local school board, charter school governing board, or private school as the school year for high school, middle school, or elementary school students.</subsection></section><section number="53-5a-302"><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">173</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Renumbered and Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Concealed Firearm Review Board -- Membership -- Compensation -- Terms -- Duties.</catchline><subsection number="53-5a-302(1)">There is created within the bureau the Concealed Firearm Review Board.</subsection><subsection number="53-5a-302(2)"><subsection number="53-5a-302(2)(a)">The board is comprised of not more than five members appointed by the commissioner on a bipartisan basis.</subsection><subsection number="53-5a-302(2)(b)">The board shall include a member representing law enforcement and at least two citizens, one of whom represents sporting interests.</subsection></subsection><subsection number="53-5a-302(3)"><subsection number="53-5a-302(3)(a)">Except as required by Subsection <xref depth="4" refid="C53-5-S703_1800010118000101" refnumber="53-5-703(3)(b)" start="0">(3)(b)</xref>, as terms of current board members expire, the commissioner shall appoint each new member or reappointed member to a four-year term.</subsection><subsection number="53-5a-302(3)(b)">Notwithstanding the requirements of Subsection <xref depth="4" refid="C53-5-S703_1800010118000101" refnumber="53-5-703(3)(a)" start="0">(3)(a)</xref>, the commissioner shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.</subsection></subsection><subsection number="53-5a-302(4)">When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.</subsection><subsection number="53-5a-302(5)">A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:<subsection number="53-5a-302(5)(a)">Section <xref depth="3" refid="C63A-3-S106_1800010118000101" refnumber="63A-3-106" start="0">63A-3-106</xref>;</subsection><subsection number="53-5a-302(5)(b)">Section <xref depth="3" refid="C63A-3-S107_1800010118000101" refnumber="63A-3-107" start="0">63A-3-107</xref>; and</subsection><subsection number="53-5a-302(5)(c)">rules made by the Division of Finance pursuant to Sections <xref depth="3" refid="C63A-3-S106_1800010118000101" refnumber="63A-3-106" start="0">63A-3-106</xref> and <xref depth="3" refid="C63A-3-S107_1800010118000101" refnumber="63A-3-107" start="0">63A-3-107</xref>.</subsection></subsection><subsection number="53-5a-302(6)">The board shall meet at least quarterly, unless the board has no business to conduct during that quarter.</subsection><subsection number="53-5a-302(7)">The board, upon receiving a timely filed petition for review, shall review within a reasonable time the denial, suspension, or revocation of a permit or a temporary permit to carry a concealed firearm.</subsection></section><section number="53-5a-303"><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">173</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Renumbered and Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Bureau duties -- Permit to carry concealed firearm -- Certification for concealed firearms instructor -- Requirements for issuance -- Violation -- Denial, suspension, or revocation -- Appeal procedure.</catchline><subsection number="53-5a-303(1)"><subsection number="53-5a-303(1)(a)">Except as provided in Subsection <xref depth="4" refnumber="53-5-704(1)(b)">(1)(b)</xref>, the bureau shall issue a concealed carry permit allowing the carrying of a concealed firearm for lawful self defense to an applicant who is 21 years old or older within 60 days after receiving an application, unless the bureau finds proof that the applicant is not qualified to hold a permit under Subsection <xref depth="4" refnumber="53-5-704(2)">(2)</xref> or <xref depth="4" refnumber="53-5-704(3)">(3)</xref>.</subsection><subsection number="53-5a-303(1)(b)"><subsection number="53-5a-303(1)(b)(i)">Within 90 days before the day on which a provisional permit holder under Section <xref depth="3" refnumber="53-5a-304">53-5a-304</xref> reaches 21 years old, the provisional permit holder may apply under this section for a permit to carry a concealed firearm for lawful self defense.</subsection><subsection number="53-5a-303(1)(b)(ii)">The bureau shall issue a permit for an applicant under Subsection <xref depth="4" refnumber="53-5-704(1)(b)(i)">(1)(b)(i)</xref> within 60 days after receiving an application, unless the bureau finds proof that the applicant is not qualified to hold a permit under Subsection <xref depth="4" refnumber="53-5-704(2)">(2)</xref> or <xref depth="4" refnumber="53-5-704(3)">(3)</xref>.</subsection><subsection number="53-5a-303(1)(b)(iii)">A permit issued under this Subsection <xref depth="4" refnumber="53-5-704(1)(b)">(1)(b)</xref>:<subsection number="53-5a-303(1)(b)(iii)(A)">is not valid until an applicant is 21 years old; and</subsection><subsection number="53-5a-303(1)(b)(iii)(B)">requires, before July 1, 2026, a $10 application fee and, on or after July 1, 2026, an application fee set by the bureau.</subsection></subsection><subsection number="53-5a-303(1)(b)(iv)">An individual who applies for a permit under this Subsection <xref depth="4" refnumber="53-5-704(1)(b)">(1)(b)</xref> is not required to retake the firearms training described in Subsection <xref refnumber="53-5a-303(8)" depth="4">53-5a-303(8)</xref>.</subsection></subsection><subsection number="53-5a-303(1)(c)">A concealed firearm permit issued in accordance with this section is valid throughout the state for five years, without restriction, except as otherwise provided by Section <xref depth="3" refnumber="53-5a-102.2">53-5a-102.2</xref>.</subsection><subsection number="53-5a-303(1)(d)">Subsection <xref depth="4" refnumber="53-5-704(4)(a)">(4)(a)</xref> does not apply to a nonresident:<subsection number="53-5a-303(1)(d)(i)">active duty service member, who presents to the bureau orders requiring the active duty service member to report for duty in this state; or</subsection><subsection number="53-5a-303(1)(d)(ii)">active duty service member's spouse, stationed with the active duty service member, who presents to the bureau the active duty service member's orders requiring the service member to report for duty in this state.</subsection></subsection></subsection><subsection number="53-5a-303(2)"><subsection number="53-5a-303(2)(a)">The bureau may deny, suspend, or revoke a concealed firearm permit if the applicant or permit holder:<subsection number="53-5a-303(2)(a)(i)">has been or is convicted of a felony;</subsection><subsection number="53-5a-303(2)(a)(ii)">has been or is convicted of a crime of violence;</subsection><subsection number="53-5a-303(2)(a)(iii)">has been or is convicted of an offense involving the use of alcohol;</subsection><subsection number="53-5a-303(2)(a)(iv)">has been or is convicted of an offense involving the unlawful use of narcotics or other controlled substances;</subsection><subsection number="53-5a-303(2)(a)(v)">has been or is convicted of an offense involving moral turpitude;</subsection><subsection number="53-5a-303(2)(a)(vi)">has been or is convicted of an offense involving domestic violence;</subsection><subsection number="53-5a-303(2)(a)(vii)">has been or is adjudicated by a state or federal court as mentally incompetent, unless the adjudication has been withdrawn or reversed; or</subsection><subsection number="53-5a-303(2)(a)(viii)">is not qualified to purchase and possess a firearm pursuant to Title 76, Chapter 11, Part 3, Persons Restricted Regarding Dangerous Weapons, or federal law.</subsection></subsection><subsection number="53-5a-303(2)(b)">In determining whether an applicant or permit holder is qualified to hold a concealed firearm permit under Subsection <xref depth="4" refnumber="53-5-704(2)(a)">(2)(a)</xref>, the bureau shall consider mitigating circumstances.</subsection></subsection><subsection number="53-5a-303(3)"><subsection number="53-5a-303(3)(a)">The bureau may deny, suspend, or revoke a concealed firearm permit if the bureau has reasonable cause to believe that the applicant or concealed firearm permit holder has been or is a danger to self or others as demonstrated by evidence, including:<subsection number="53-5a-303(3)(a)(i)">past pattern of behavior involving unlawful violence or threats of unlawful violence;</subsection><subsection number="53-5a-303(3)(a)(ii)">past participation in incidents involving unlawful violence or threats of unlawful violence; or</subsection><subsection number="53-5a-303(3)(a)(iii)">conviction of an offense in Title 76, Chapter 11, Weapons.</subsection></subsection><subsection number="53-5a-303(3)(b)">The bureau may not deny, suspend, or revoke a concealed firearm permit solely for a single conviction of an infraction violation of an offense in Title 76, Chapter 11, Weapons.</subsection><subsection number="53-5a-303(3)(c)">In determining whether the applicant or concealed firearm permit holder has been or is a danger to self or others, the bureau may inspect:<subsection number="53-5a-303(3)(c)(i)">expunged records of arrests and convictions of adults as provided in Section <xref depth="3" refnumber="77-40a-403">77-40a-403</xref>; and</subsection><subsection number="53-5a-303(3)(c)(ii)">juvenile court records as provided in Section <xref depth="3" refnumber="78A-6-209">78A-6-209</xref>.</subsection></subsection><subsection number="53-5a-303(3)(d)"><subsection number="53-5a-303(3)(d)(i)">The bureau shall suspend a concealed firearm permit if the permit holder becomes a temporarily restricted person in accordance with Section <xref depth="3" refnumber="53-5a-504">53-5a-504</xref>.</subsection><subsection number="53-5a-303(3)(d)(ii)">Upon removal from the temporary restricted list described in Section <xref depth="3" refnumber="53-5a-504">53-5a-504</xref>, the concealed firearm permit holder's permit shall be reinstated unless:<subsection number="53-5a-303(3)(d)(ii)(A)">the concealed firearm permit has been revoked, been suspended for a reason other than the restriction described in Subsection <xref depth="4" refnumber="53-5-704(3)(d)(i)">(3)(d)(i)</xref>, or expired; or</subsection><subsection number="53-5a-303(3)(d)(ii)(B)">the concealed firearm permit holder has become a restricted person under Section <xref depth="3" refnumber="76-11-302">76-11-302</xref> or <xref depth="3" refnumber="76-11-303">76-11-303</xref>.</subsection></subsection></subsection></subsection><subsection number="53-5a-303(4)"><subsection number="53-5a-303(4)(a)">In addition to meeting the other qualifications for the issuance of a concealed firearm permit under this section, a nonresident applicant who resides in a state that recognizes the validity of the Utah permit or has reciprocity with Utah's concealed firearm permit law shall:<subsection number="53-5a-303(4)(a)(i)">hold a current concealed firearm or concealed weapon permit issued by the appropriate permitting authority of the nonresident applicant's state of residency; and</subsection><subsection number="53-5a-303(4)(a)(ii)">submit a photocopy or electronic copy of the nonresident applicant's current concealed firearm or concealed weapon permit referred to in Subsection <xref depth="4" refnumber="53-5-704(4)(a)(i)">(4)(a)(i)</xref>.</subsection></subsection><subsection number="53-5a-303(4)(b)">A nonresident applicant who knowingly and willfully provides false information to the bureau under Subsection <xref depth="4" refnumber="53-5-704(4)(a)">(4)(a)</xref> is prohibited from holding a Utah concealed firearm permit for a period of 10 years.</subsection><subsection number="53-5a-303(4)(c)">Subsection <xref depth="4" refnumber="53-5-704(4)(a)">(4)(a)</xref> applies to:<subsection number="53-5a-303(4)(c)(i)">all applications for the issuance of a concealed firearm permit received by the bureau; and</subsection><subsection number="53-5a-303(4)(c)(ii)">an application for renewal of a concealed firearm permit by a nonresident.</subsection></subsection></subsection><subsection number="53-5a-303(5)">The bureau shall issue a concealed firearm permit to a former peace officer who departs full-time employment as a peace officer, in an honorable manner, within five years of that departure if the officer meets the requirements of this section.</subsection><subsection number="53-5a-303(6)">Except as provided in Subsection <xref depth="4" refnumber="53-5-704(7)">(7)</xref>, the bureau shall also require the applicant to provide:<subsection number="53-5a-303(6)(a)">the address of the applicant's permanent residence;</subsection><subsection number="53-5a-303(6)(b)">one recent dated photograph;</subsection><subsection number="53-5a-303(6)(c)">one set of fingerprints; and</subsection><subsection number="53-5a-303(6)(d)">evidence of general familiarity with the types of firearms to be concealed as defined in Subsection <xref depth="4" refnumber="53-5-704(8)">(8)</xref>.</subsection></subsection><subsection number="53-5a-303(7)">An applicant who is a law enforcement officer under Section <xref depth="3" refnumber="53-13-103">53-13-103</xref> may provide a letter of good standing from the officer's commanding officer in place of the evidence required by Subsection <xref depth="4" refnumber="53-5-704(6)(d)">(6)(d)</xref>.</subsection><subsection number="53-5a-303(8)"><subsection number="53-5a-303(8)(a)">General familiarity with the types of firearms to be concealed includes training in:<subsection number="53-5a-303(8)(a)(i)">the safe loading, unloading, storage, and carrying of the types of firearms to be concealed; and</subsection><subsection number="53-5a-303(8)(a)(ii)">current laws defining lawful use of a firearm by a private citizen, including lawful self-defense, use of force by a private citizen, including use of deadly force, transportation, and concealment.</subsection></subsection><subsection number="53-5a-303(8)(b)">An applicant may satisfy the general familiarity requirement of Subsection <xref depth="4" refnumber="53-5-704(8)(a)">(8)(a)</xref> by one of the following:<subsection number="53-5a-303(8)(b)(i)">completion of a course of instruction conducted by a national, state, or local firearms training organization approved by the bureau;</subsection><subsection number="53-5a-303(8)(b)(ii)">certification of general familiarity by an individual who has been certified by the bureau, which may include a law enforcement officer, military or civilian firearms instructor, or hunter safety instructor; or</subsection><subsection number="53-5a-303(8)(b)(iii)">equivalent experience with a firearm through participation in an organized shooting competition, law enforcement, or military service.</subsection></subsection><subsection number="53-5a-303(8)(c)">Instruction taken by a student under this Subsection <xref depth="4" refnumber="53-5-704(8)">(8)</xref> shall be in person and not through electronic means.</subsection><subsection number="53-5a-303(8)(d)">An individual applying for a renewal permit is not required to retake the firearms training described in this Subsection (8) if the individual:<subsection number="53-5a-303(8)(d)(i)">has an unexpired permit; or</subsection><subsection number="53-5a-303(8)(d)(ii)">has a permit that expired less than one year before the date on which the renewal application was submitted.</subsection></subsection></subsection><subsection number="53-5a-303(9)"><subsection number="53-5a-303(9)(a)">An applicant for certification as a Utah concealed firearms instructor shall:<subsection number="53-5a-303(9)(a)(i)">be at least 21 years old;</subsection><subsection number="53-5a-303(9)(a)(ii)">be currently eligible to possess a firearm under Section <xref depth="3" refnumber="76-11-302">76-11-302</xref> or <xref depth="3" refnumber="76-11-303">76-11-303</xref>;</subsection><subsection number="53-5a-303(9)(a)(iii)">have:<subsection number="53-5a-303(9)(a)(iii)(A)">completed a firearm instruction training course from the National Rifle Association or another nationally recognized firearm training organization that customarily offers firearm safety and firearm law instructor training or the Department of Public Safety, Division of Peace Officer Safety Standards and Training; or</subsection><subsection number="53-5a-303(9)(a)(iii)(B)">received training equivalent to one of the courses referred to in Subsection <xref depth="4" refnumber="53-5-704(9)(a)(iii)(a)">(9)(a)(iii)(A)</xref> as determined by the bureau;</subsection></subsection><subsection number="53-5a-303(9)(a)(iv)">have taken a course of instruction and passed a certification test as described in Subsection <xref depth="4" refnumber="53-5-704(9)(c)">(9)(c)</xref>; and</subsection><subsection number="53-5a-303(9)(a)(v)">possess a Utah concealed firearm permit.</subsection></subsection><subsection number="53-5a-303(9)(b)">An instructor's certification is valid for three years from the date of issuance, unless revoked by the bureau.</subsection><subsection number="53-5a-303(9)(c)"><subsection number="53-5a-303(9)(c)(i)">In order to obtain initial certification or renew a certification, an instructor shall attend an instructional course and pass a test under the direction of the bureau.</subsection><subsection number="53-5a-303(9)(c)(ii)"><subsection number="53-5a-303(9)(c)(ii)(A)">The bureau shall provide or contract to provide the course referred to in Subsection <xref depth="4" refnumber="53-5-704(9)(c)(i)">(9)(c)(i)</xref> twice every year.</subsection><subsection number="53-5a-303(9)(c)(ii)(B)">The course shall include instruction on current Utah law related to firearms, including concealed carry statutes and rules, and the use of deadly force by private citizens.</subsection></subsection></subsection><subsection number="53-5a-303(9)(d)"><subsection number="53-5a-303(9)(d)(i)">Each applicant for certification under this Subsection <xref depth="4" refnumber="53-5-704(9)">(9)</xref> shall:<subsection number="53-5a-303(9)(d)(i)(A)">before July 1, 2026, pay a fee of $50.00 at the time of application for initial certification; and</subsection><subsection number="53-5a-303(9)(d)(i)(B)">on or after July 1, 2026, pay a fee determined by the bureau.</subsection></subsection><subsection number="53-5a-303(9)(d)(ii)">The renewal fee for the certificate is:<subsection number="53-5a-303(9)(d)(ii)(A)"> before July 1, 2026, $25; and</subsection><subsection number="53-5a-303(9)(d)(ii)(B)">on or after July 1, 2026, a fee determined by the bureau.</subsection></subsection><subsection number="53-5a-303(9)(d)(iii)">The bureau may use a fee paid under Subsections <xref depth="4" refnumber="53-5-704(9)(d)(i)">(9)(d)(i)</xref> and <xref depth="4" refnumber="53-5-704(ii)">(ii)</xref> as a dedicated credit to cover the cost incurred in maintaining and improving the instruction program required for concealed firearm instructors under this Subsection <xref depth="4" refnumber="53-5-704(9)">(9)</xref>.</subsection></subsection></subsection><subsection number="53-5a-303(10)">A certified concealed firearms instructor shall provide each of the instructor's students with the required course of instruction outline approved by the bureau.</subsection><subsection number="53-5a-303(11)"><subsection number="53-5a-303(11)(a)"><subsection number="53-5a-303(11)(a)(i)">A concealed firearms instructor shall provide a signed certificate to an individual successfully completing the offered course of instruction.</subsection><subsection number="53-5a-303(11)(a)(ii)">The instructor shall sign the certificate with the exact name indicated on the instructor's certification issued by the bureau under Subsection <xref depth="4" refnumber="53-5-704(9)">(9)</xref>.</subsection><subsection number="53-5a-303(11)(a)(iii)"><subsection number="53-5a-303(11)(a)(iii)(A)">The certificate shall also have affixed to it the instructor's official seal, which is the exclusive property of the instructor and may not be used by any other individual.</subsection><subsection number="53-5a-303(11)(a)(iii)(B)">The instructor shall destroy the seal upon revocation or expiration of the instructor's certification under Subsection <xref depth="4" refnumber="53-5-704(9)">(9)</xref>.</subsection><subsection number="53-5a-303(11)(a)(iii)(C)">The bureau shall determine the design and content of the seal to include at least the following:<subsection number="53-5a-303(11)(a)(iii)(C)(I)">the instructor's name as it appears on the instructor's certification;</subsection><subsection number="53-5a-303(11)(a)(iii)(C)(II)">the words "Utah Certified Concealed Firearms Instructor," "state of Utah," and "my certification expires on (the instructor's certification expiration date)"; and</subsection><subsection number="53-5a-303(11)(a)(iii)(C)(III)">the instructor's business or residence address.</subsection></subsection><subsection number="53-5a-303(11)(a)(iii)(D)">The seal shall be affixed to each student certificate issued by the instructor in a manner that does not obscure or render illegible any information or signatures contained in the document.</subsection></subsection></subsection><subsection number="53-5a-303(11)(b)">The applicant shall provide the certificate to the bureau in compliance with Subsection <xref depth="4" refnumber="53-5-704(6)(d)">(6)(d)</xref>.</subsection></subsection><subsection number="53-5a-303(12)">The bureau may deny, suspend, or revoke the certification of an applicant or a concealed firearms instructor if it has reason to believe the applicant or the instructor has:<subsection number="53-5a-303(12)(a)">become ineligible to possess a firearm under Section <xref depth="3" refnumber="76-11-302">76-11-302</xref> or <xref depth="3" refnumber="76-11-303">76-11-303</xref>, or federal law; or</subsection><subsection number="53-5a-303(12)(b)">knowingly and willfully provided false information to the bureau.</subsection></subsection><subsection number="53-5a-303(13)">An applicant for certification or a concealed firearms instructor has the same appeal rights as described in Subsection <xref depth="4" refnumber="53-5-704(16)">(16)</xref>.</subsection><subsection number="53-5a-303(14)">In providing instruction and issuing a permit under this part, the concealed firearms instructor and the bureau are not vicariously liable for damages caused by the permit holder.</subsection><subsection number="53-5a-303(15)">An individual who knowingly and willfully provides false information on an application filed under this part is guilty of a class B misdemeanor, and the application may be denied, or the permit may be suspended or revoked.</subsection><subsection number="53-5a-303(16)"><subsection number="53-5a-303(16)(a)">In the event of a denial, suspension, or revocation of a permit, the applicant or permit holder may file a petition for review with the board within 60 days from the date the denial, suspension, or revocation is received by the applicant or permit holder by certified mail, return receipt requested.</subsection><subsection number="53-5a-303(16)(b)">The bureau's denial of a permit shall be in writing and shall include the general reasons for the action.</subsection><subsection number="53-5a-303(16)(c)">If an applicant or permit holder appeals the denial to the review board, the applicant or permit holder may have access to the evidence upon which the denial is based in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.</subsection><subsection number="53-5a-303(16)(d)">On appeal to the board, the bureau has the burden of proof by a preponderance of the evidence.</subsection><subsection number="53-5a-303(16)(e)"><subsection number="53-5a-303(16)(e)(i)">Upon a ruling by the board on the appeal of a denial, the board shall issue a final order within 30 days stating the board's decision.</subsection><subsection number="53-5a-303(16)(e)(ii)">The final order shall be in the form prescribed by Subsection <xref depth="4" refnumber="63G-4-203(1)(i)">63G-4-203(1)(i)</xref>.</subsection><subsection number="53-5a-303(16)(e)(iii)">The final order is final bureau action for purposes of judicial review under Section <xref depth="3" refnumber="63G-4-402">63G-4-402</xref>.</subsection></subsection></subsection><subsection number="53-5a-303(17)"><subsection number="53-5a-303(17)(a)">The bureau shall, beginning July 1, 2026, establish fees authorized in this part in accordance with the procedures specified in Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref>.</subsection><subsection number="53-5a-303(17)(b)">When submitting the information required to the Legislature under Subsection <xref depth="4" refnumber="63J-1-504(6)(a)">63J-1-504(6)(a)</xref>, the bureau shall also provide, for the previous five years categorized by year:<subsection number="53-5a-303(17)(b)(i)">the number of permit holders;</subsection><subsection number="53-5a-303(17)(b)(ii)">the amount of revenue deposited into the Concealed Weapons Account created in Section <xref depth="3" refnumber="53-5-707">53-5-707</xref> that is collected from fees for:<subsection number="53-5a-303(17)(b)(ii)(A)">nonresidents; and</subsection><subsection number="53-5a-303(17)(b)(ii)(B)">residents; and</subsection></subsection><subsection number="53-5a-303(17)(b)(iii)">the amount of expenditures from the Concealed Weapons Account created in Section <xref depth="3" refnumber="53-5-707">53-5-707</xref>.</subsection></subsection></subsection><subsection number="53-5a-303(18)">The commissioner may make rules in accordance with Title <xref depth="1" refnumber="63G-3">63G, Chapter 3</xref>, Utah Administrative Rulemaking Act, necessary to administer this chapter.</subsection></section><section number="53-5a-304"><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">173</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Renumbered and Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Provisional permit to carry concealed firearm.</catchline><subsection number="53-5a-304(1)"><subsection number="53-5a-304(1)(a)">The bureau shall issue a provisional permit to carry a concealed firearm for lawful self-defense to an applicant who is 18 years old but younger than 21 years old, within 60 days after receiving an application, unless the bureau finds proof that the applicant does not meet the qualifications set forth in Subsection <xref refnumber="53-5a-303(2)" depth="4">53-5a-303(2)</xref>.</subsection><subsection number="53-5a-304(1)(b)">Except as provided in Subsection <xref refnumber="53-5-704.5(2)" depth="4">(2)</xref>, a provisional concealed carry permit is valid throughout the state until the applicant reaches the age of 21, without restriction, except as otherwise provided by Section <xref depth="3" refnumber="53-5a-102.2">53-5a-102.2</xref>.</subsection></subsection><subsection number="53-5a-304(2)">The bureau may deny, suspend, or revoke a provisional concealed carry permit issued under this section as described in Subsections <xref refnumber="53-5a-303(2)" depth="4">53-5a-303(2)</xref> and (3).</subsection><subsection number="53-5a-304(3)"><subsection number="53-5a-304(3)(a)">In addition to meeting the other qualifications for the issuance of a provisional concealed carry permit under this section, a nonresident applicant who resides in a state that recognizes the validity of the Utah provisional concealed carry permit or has reciprocity with Utah's provisional concealed firearm permit law shall:<subsection number="53-5a-304(3)(a)(i)">hold a current applicable concealed firearm or concealed weapon permit issued by the appropriate permitting authority of the nonresident applicant's state of residency; and</subsection><subsection number="53-5a-304(3)(a)(ii)">submit a photocopy or electronic copy of the nonresident applicant's current concealed firearm or concealed weapon permit referred to in Subsection <xref depth="4" refnumber="53-5-704.5(3)(a)(i)" start="0">(3)(a)(i)</xref>.</subsection></subsection><subsection number="53-5a-304(3)(b)">A nonresident applicant who knowingly and willfully provides false information to the bureau under Subsection <xref depth="4" refnumber="53-5-704.5(3)(a)" start="0">(3)(a)</xref> is prohibited from holding a Utah concealed firearm permit of any kind for a period of 10 years.</subsection></subsection><subsection number="53-5a-304(4)">The bureau shall also require the applicant to provide:<subsection number="53-5a-304(4)(a)">the address of the applicant's permanent residence;</subsection><subsection number="53-5a-304(4)(b)">one recent dated photograph;</subsection><subsection number="53-5a-304(4)(c)">one set of fingerprints; and</subsection><subsection number="53-5a-304(4)(d)">evidence of general familiarity with the types of firearms to be concealed as defined in Section <xref depth="3" refnumber="53-5-303">53-5-303</xref>.</subsection></subsection><subsection number="53-5a-304(5)">In the event of a decision to deny, suspend, or revoke a provisional concealed firearm permit, the applicant or permit holder under this section may appeal the decision through the same process set forth in Subsection <xref refnumber="53-5a-303(16)" depth="4">53-5a-303(16)</xref>.</subsection><subsection number="53-5a-304(6)">The applicant or permit holder of the provisional concealed firearm permit under this section must meet the eligibility requirements of another state, including age requirements, to carry a concealed firearm in that state.</subsection></section><section number="53-5a-305"><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">173</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Renumbered and Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Temporary permit to carry concealed firearm -- Denial, suspension, or revocation -- Appeal.</catchline><subsection number="53-5a-305(1)">The bureau or the bureau's designated agent may issue a temporary permit to carry a concealed firearm to an individual who:<subsection number="53-5a-305(1)(a)">has applied for a permit under Section <xref depth="3" refnumber="53-5a-303">53-5a-303</xref>;</subsection><subsection number="53-5a-305(1)(b)">has applied for a temporary permit under this section; and</subsection><subsection number="53-5a-305(1)(c)">meets the criteria required in Subsections <xref depth="4" refid="C53-5-S705_1800010118000101" refnumber="53-5-705(2)" start="0">(2)</xref> and <xref depth="4" refid="C53-5-S705_1800010118000101" refnumber="53-5-705(3)" start="0">(3)</xref>.</subsection></subsection><subsection number="53-5a-305(2)">To receive a temporary permit under this section, the applicant shall demonstrate in writing to the satisfaction of the bureau extenuating circumstances that would justify issuing a temporary permit.</subsection><subsection number="53-5a-305(3)">A temporary permit may not be issued under this section until preliminary record checks regarding the applicant have been made with the National Crime Information Center and the bureau to determine any criminal history.</subsection><subsection number="53-5a-305(4)">A temporary permit is valid only for a maximum of 90 days or any lesser period specified by the bureau, or until a permit under Section <xref depth="3" refid="C53-5-S704_1800010118000101" refnumber="53-5-704" start="0">53-5-704</xref> is issued to the holder of the temporary permit, whichever period is shorter.</subsection><subsection number="53-5a-305(5)">The bureau may deny, suspend, or revoke a temporary permit prior to expiration if the commissioner determines:<subsection number="53-5a-305(5)(a)">the circumstances justifying the temporary permit no longer exist; or</subsection><subsection number="53-5a-305(5)(b)">the holder of the temporary permit does not meet the requirements for a permit under Section <xref depth="3" refnumber="53-5a-303">53-5a-303</xref>.</subsection></subsection><subsection number="53-5a-305(6)"><subsection number="53-5a-305(6)(a)">The denial, suspension, or revocation of a temporary permit shall be in writing and shall include the reasons for the action.</subsection><subsection number="53-5a-305(6)(b)">The bureau's decision to deny, suspend, or revoke a temporary permit may not be appealed to the board.</subsection><subsection number="53-5a-305(6)(c)">Denial, suspension, or revocation under this subsection is final action for purposes of judicial review under Section <xref depth="3" refid="C63G-4-S402_1800010118000101" refnumber="63G-4-402" start="0">63G-4-402</xref>.</subsection></subsection></section><section number="53-5a-306"><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Permit -- Fingerprints transmitted to bureau -- Report from bureau.</catchline><subsection number="53-5a-306(1)"><subsection number="53-5a-306(1)(a)">Except as provided in Subsection <xref depth="4" refnumber="53-5-706(2)" start="0">(2)</xref>, the fingerprints of each applicant for a permit under Section <xref depth="3" refnumber="53-5a-307">53-5a-307</xref> or <xref depth="3" refnumber="53-5a-308">53-5a-308</xref> shall be taken on a form prescribed by the bureau.</subsection><subsection number="53-5a-306(1)(b)">Upon receipt of the fingerprints, the applicant fingerprint card fee prescribed in Section <xref depth="3" refnumber="53-10-108" start="0">53-10-108</xref>, and the fee prescribed in Section <xref depth="3" refnumber="53-5a-307">53-5a-307</xref> or <xref depth="3" refnumber="53-5a-308">53-5a-308</xref>, the bureau shall conduct a search of the bureau's files for criminal history information pertaining to the applicant, and shall request the Federal Bureau of Investigation to conduct a similar search through the Federal Bureau of Investigation's files.</subsection><subsection number="53-5a-306(1)(c)">If the fingerprints are insufficient for the Federal Bureau of Investigation to conduct a search of the Federal Bureau of Investigation's files for criminal history information, the application or concealed firearm permit may be denied, suspended, or revoked until sufficient fingerprints are submitted by the applicant.</subsection></subsection><subsection number="53-5a-306(2)"><subsection number="53-5a-306(2)(a)">If the permit applicant has previously applied to the bureau for a permit to carry concealed firearms, the bureau shall note the previous identification numbers and other data that would provide positive identification in the files of the bureau on the copy of any subsequent permit submitted to the bureau in accordance with this section.</subsection><subsection number="53-5a-306(2)(b)">No additional application form, fingerprints, or fee are required under this Subsection <xref depth="4" refnumber="53-5-706(2)" start="0">(2)</xref>.</subsection></subsection></section><section number="53-5a-307"><histories><history>Amended by Chapter <modchap sess="2026GS">243</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Concealed firearm permit -- Fees -- Concealed Weapons Account.</catchline><subsection number="53-5a-307(1)"><subsection number="53-5a-307(1)(a)">An applicant for a concealed firearm permit shall pay:<subsection number="53-5a-307(1)(a)(i)">before July 1, 2026, a fee of $25 at the time of filing an application; and</subsection><subsection number="53-5a-307(1)(a)(ii)">on or after July 1, 2026, a fee set by the bureau at the time of filing an application.</subsection></subsection><subsection number="53-5a-307(1)(b)">A nonresident applicant shall pay:<subsection number="53-5a-307(1)(b)(i)">before July 1, 2026, an additional $35 fee; and</subsection><subsection number="53-5a-307(1)(b)(ii)">on or after July 1, 2026, an additional fee set by the bureau.</subsection></subsection><subsection number="53-5a-307(1)(c)">The bureau shall waive the initial fee for an applicant who is:<subsection number="53-5a-307(1)(c)(i)">a law enforcement officer under Section <xref depth="3" refnumber="53-13-103" start="0">53-13-103</xref>;</subsection><subsection number="53-5a-307(1)(c)(ii)">an active duty service member;</subsection><subsection number="53-5a-307(1)(c)(iii)">the spouse of an active duty service member; or</subsection><subsection number="53-5a-307(1)(c)(iv)">a school employee.</subsection></subsection></subsection><subsection number="53-5a-307(2)"><subsection number="53-5a-307(2)(a)">A holder of a concealed firearm permit shall pay:<subsection number="53-5a-307(2)(a)(i)">before July 1, 2026, $20 for a renewal fee for the permit; and</subsection><subsection number="53-5a-307(2)(a)(ii)">on or after July 1, 2026, a renewal fee set by the bureau.</subsection></subsection><subsection number="53-5a-307(2)(b)"> A nonresident holder of a concealed firearm permit shall pay:<subsection number="53-5a-307(2)(b)(i)">before July 1, 2026, an additional $30 fee; and</subsection><subsection number="53-5a-307(2)(b)(ii)">on or after July 1, 2026, an additional fee set by the bureau.</subsection></subsection></subsection><subsection number="53-5a-307(3)">If a holder of a concealed firearm permit needs a replacement concealed firearm permit, the holder shall pay:<subsection number="53-5a-307(3)(a)">before July 1, 2026, a $10 replacement fee for the permit; and</subsection><subsection number="53-5a-307(3)(b)">on or after July 1, 2026, a replacement fee set by the bureau.</subsection></subsection><subsection number="53-5a-307(4)"><subsection number="53-5a-307(4)(a)">The late fee for the renewal permit is:<subsection number="53-5a-307(4)(a)(i)">before July 1, 2026, $7.50; and</subsection><subsection number="53-5a-307(4)(a)(ii)">on or after July 1, 2026, a late fee set by the bureau.</subsection></subsection><subsection number="53-5a-307(4)(b)">As used in this section, "late fee" means the fee charged by the bureau for a renewal submitted on a permit that has been expired for more than 30 days but less than one year.</subsection></subsection><subsection number="53-5a-307(5)"><subsection number="53-5a-307(5)(a)">There is created a restricted account within the General Fund known as the "Concealed Weapons Account."</subsection><subsection number="53-5a-307(5)(b)">The account shall be funded from fees collected under this section and Section <xref depth="3" refnumber="53-5a-308">53-5a-308</xref>.</subsection><subsection number="53-5a-307(5)(c)">Funds in the account may only be used to cover costs relating to:<subsection number="53-5a-307(5)(c)(i)">the issuance of concealed firearm permits under this part; or</subsection><subsection number="53-5a-307(5)(c)(ii)">the programs described in Subsection <xref depth="4" refnumber="26B-5-102(3)" start="0">26B-5-102(3)</xref> and Section <xref depth="3" refnumber="26B-5-611" start="0">26B-5-611</xref>.</subsection></subsection><subsection number="53-5a-307(5)(d)">No later than 90 days after the end of the fiscal year, 50% of the excess of revenues over expenditures for the fiscal year shall be transferred to the Suicide Prevention and Education Fund, created in Section <xref depth="3" refnumber="26B-1-326" start="0">26B-1-326</xref>.</subsection></subsection><subsection number="53-5a-307(6)"><subsection number="53-5a-307(6)(a)">The bureau may collect any fees charged by an outside agency for additional services required by statute as a prerequisite for issuance of a permit.</subsection><subsection number="53-5a-307(6)(b)">The bureau shall promptly forward any fees collected under Subsection <xref depth="4" refnumber="53-5-707(6)(a)" start="0">(6)(a)</xref> to the appropriate agency.</subsection></subsection></section><section number="53-5a-308"><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Provisional concealed firearm permit -- Fees -- Disposition of fees.</catchline><subsection number="53-5a-308(1)"><subsection number="53-5a-308(1)(a)">An applicant for a provisional concealed firearm permit, as described in Section <xref depth="3" refnumber="53-5a-304">53-5a-304</xref>, shall pay:<subsection number="53-5a-308(1)(a)(i)">before July 1, 2026, a fee of $25 at the time of filing an application; and</subsection><subsection number="53-5a-308(1)(a)(ii)">on or after July 1, 2026, a fee set by the bureau at the time of filing an application.</subsection></subsection><subsection number="53-5a-308(1)(b)">A nonresident applicant shall pay:<subsection number="53-5a-308(1)(b)(i)">before July 1, 2026, an additional $10 fee; and</subsection><subsection number="53-5a-308(1)(b)(ii)">on or after July 1, 2026, an additional fee set by the bureau.</subsection></subsection></subsection><subsection number="53-5a-308(2)">The replacement fee for the permit is:<subsection number="53-5a-308(2)(a)">before July 1, 2026, $10; and</subsection><subsection number="53-5a-308(2)(b)">on or after July 1, 2026, a replacement fee set by the bureau.</subsection></subsection><subsection number="53-5a-308(3)">Fees collected under this section shall be remitted to the Concealed Weapons Account, as described in Section <xref depth="3" refnumber="53-5a-307">53-5a-307</xref>.</subsection><subsection number="53-5a-308(4)"><subsection number="53-5a-308(4)(a)">The bureau may collect any fees charged by an outside agency for additional services required by statute as a prerequisite for issuance of a permit.</subsection><subsection number="53-5a-308(4)(b)">The bureau shall promptly forward any fees collected under Subsection <xref depth="4" refnumber="53-5-707.5(4)(a)" start="0">(4)(a)</xref> to the appropriate agency. </subsection></subsection></section><section number="53-5a-309"><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Concealed firearm permit renewal -- Firearm safety and suicide prevention video.</catchline><subsection number="53-5a-309(1)">The bureau, in conjunction with the Division of Integrated Healthcare created in Section <xref depth="3" refnumber="26B-1-204" start="0">26B-1-204</xref>, shall create a firearm safety and suicide prevention video that:<subsection number="53-5a-309(1)(a)">is Internet-accessible;</subsection><subsection number="53-5a-309(1)(b)">is no longer than 10 minutes in length; and</subsection><subsection number="53-5a-309(1)(c)">includes information about:<subsection number="53-5a-309(1)(c)(i)">safe handling, storage, and use of firearms in a home environment;</subsection><subsection number="53-5a-309(1)(c)(ii)">at-risk individuals and individuals who are legally prohibited from possessing firearms; and</subsection><subsection number="53-5a-309(1)(c)(iii)">suicide prevention awareness.</subsection></subsection></subsection><subsection number="53-5a-309(2)">Before renewing a firearm permit, an individual shall view the firearm safety and suicide prevention video and submit proof in the form required by the bureau.</subsection><subsection number="53-5a-309(3)">In accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, the bureau shall make rules that establish procedures for:<subsection number="53-5a-309(3)(a)">producing and distributing the firearm safety and suicide prevention video; and</subsection><subsection number="53-5a-309(3)(b)">providing access to the video to an applicant seeking renewal of a firearm permit.</subsection></subsection></section><section number="53-5a-310"><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Permit -- Names private.</catchline><subsection number="53-5a-310(1)"><subsection number="53-5a-310(1)(a)">The bureau shall maintain a record in the bureau's office of any permit issued under this part.</subsection><subsection number="53-5a-310(1)(b)">Notwithstanding the requirements of Subsection <xref depth="4" refnumber="63G-2-301(2)(b)" start="0">63G-2-301(2)(b)</xref>, the names, addresses, telephone numbers, dates of birth, and social security numbers of individuals receiving permits are protected records under Subsection <xref depth="4" refnumber="63G-2-305(11)" start="0">63G-2-305(11)</xref>.</subsection><subsection number="53-5a-310(1)(c)">Notwithstanding Section <xref depth="3" refnumber="63G-2-206" start="0">63G-2-206</xref>, an individual may not share any of the information listed in Subsection <xref depth="4" refnumber="53-5-708(1)(b)" start="0">(1)(b)</xref> with any office, department, division, or other agency of the federal government unless:<subsection number="53-5a-310(1)(c)(i)">the disclosure is necessary to conduct a criminal background check on the individual who is the subject of the information;</subsection><subsection number="53-5a-310(1)(c)(ii)">the disclosure of information is made pursuant to a court order directly associated with an active investigation or prosecution of the individual who is the subject of the information;</subsection><subsection number="53-5a-310(1)(c)(iii)">the disclosure is made to a criminal justice agency in a criminal investigation or prosecution;</subsection><subsection number="53-5a-310(1)(c)(iv)">the disclosure is made by a law enforcement agency within the state to another law enforcement agency in the state or in another state in connection with an investigation, including a preliminary investigation, or a prosecution of the individual who is the subject of the information;</subsection><subsection number="53-5a-310(1)(c)(v)">the disclosure is made by a law enforcement agency within the state to an employee of a federal law enforcement agency in the course of a combined law enforcement effort involving the law enforcement agency within the state and the federal law enforcement agency; or</subsection><subsection number="53-5a-310(1)(c)(vi)">the disclosure is made in response to a routine request that a federal law enforcement officer makes to obtain information on an individual whom the federal law enforcement officer detains, including for a traffic stop, or questions because of the individual's suspected violation of state law.</subsection></subsection><subsection number="53-5a-310(1)(d)">An individual is guilty of a class A misdemeanor if the individual knowingly:<subsection number="53-5a-310(1)(d)(i)">discloses information listed in Subsection <xref depth="4" refnumber="53-5-708(1)(b)" start="0">(1)(b)</xref> in violation of the provisions under <xref depth="1" refnumber="63G-2" start="0">Title 63G, Chapter 2, Government Records Access and Management Act</xref>, applicable to protected records; or</subsection><subsection number="53-5a-310(1)(d)(ii)">shares information in violation of Subsection <xref depth="4" refnumber="53-5-708(1)(c)" start="0">(1)(c)</xref>.</subsection></subsection><subsection number="53-5a-310(1)(e)"><subsection number="53-5a-310(1)(e)(i)">As used in this Subsection <xref depth="4" refnumber="53-5-708(1)(e)" start="0">(1)(e)</xref>, "governmental agency" means:<subsection number="53-5a-310(1)(e)(i)(A)">the state or any department, division, agency, or other instrumentality of the state; or</subsection><subsection number="53-5a-310(1)(e)(i)(B)">a political subdivision of the state, including a county, city, town, school district, special district, and special service district.</subsection></subsection><subsection number="53-5a-310(1)(e)(ii)">A governmental agency may not compel or attempt to compel an individual who has been issued a concealed firearm permit to divulge whether the individual:<subsection number="53-5a-310(1)(e)(ii)(A)">has been issued a concealed firearm permit; or</subsection><subsection number="53-5a-310(1)(e)(ii)(B)">is carrying a concealed firearm.</subsection></subsection><subsection number="53-5a-310(1)(e)(iii)">Subsection <xref depth="4" refnumber="53-5-708(1)(e)(ii)" start="0">(1)(e)(ii)</xref> does not apply to a law enforcement officer.</subsection></subsection></subsection><subsection number="53-5a-310(2)">The bureau shall immediately file a copy of each permit the bureau issues under this part.</subsection></section><section number="53-5a-311"><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Law enforcement officials, judges, and court commissioners exempt -- Training requirements -- Qualification -- Revocation.</catchline><subsection number="53-5a-311(1)">As used in this section:<subsection number="53-5a-311(1)(a)">"Court commissioner" means an individual appointed under Section <xref depth="3" refnumber="78A-5-107" start="0">78A-5-107</xref>.</subsection><subsection number="53-5a-311(1)(b)"><subsection number="53-5a-311(1)(b)(i)">"Judge" means a judge or justice of a court of record or a court not of record.</subsection><subsection number="53-5a-311(1)(b)(ii)">"Judge" does not include a judge pro tem or senior judge.</subsection></subsection><subsection number="53-5a-311(1)(c)">"Law enforcement official" means:<subsection number="53-5a-311(1)(c)(i)">a member of the Board of Pardons and Parole;</subsection><subsection number="53-5a-311(1)(c)(ii)">a district attorney, deputy district attorney, county attorney or deputy county attorney of a county not in a prosecution district;</subsection><subsection number="53-5a-311(1)(c)(iii)">the attorney general;</subsection><subsection number="53-5a-311(1)(c)(iv)">an assistant attorney general designated as a criminal prosecutor; or</subsection><subsection number="53-5a-311(1)(c)(v)">a city attorney or a deputy city attorney designated as a criminal prosecutor.</subsection></subsection></subsection><subsection number="53-5a-311(2)">To qualify for an exemption in Section <xref depth="3" refnumber="53-5a-108">53-5a-108</xref>, a law enforcement official, judge, or court commissioner shall complete the following training requirements:<subsection number="53-5a-311(2)(a)">meet the requirements of Sections <xref depth="3" refnumber="53-5a-303">53-5a-303</xref>, <xref depth="3" refnumber="53-5a-306">53-5a-306</xref>, and <xref depth="3" refnumber="53-5a-307">53-5a-307</xref>; and</subsection><subsection number="53-5a-311(2)(b)">successfully complete an additional course of training as established by the commissioner designed to assist with carrying out official law enforcement, judicial, or court commissioner duties as agents for the state or the state's political subdivisions.</subsection></subsection><subsection number="53-5a-311(3)">Annual requalification requirements for law enforcement officials, judges, or court commissioners shall be established by the commissioner and may be established by the:<subsection number="53-5a-311(3)(a)">Board of Pardons and Parole by rule for the Board of Pardons and Parole's members;</subsection><subsection number="53-5a-311(3)(b)">Judicial Council by rule for judges and court commissioners; and</subsection><subsection number="53-5a-311(3)(c)">the district attorney, county attorney in a county not in a prosecution district, the attorney general, or city attorney by policy for prosecutors under their jurisdiction.</subsection></subsection><subsection number="53-5a-311(4)">The bureau may:<subsection number="53-5a-311(4)(a)">issue a certificate of qualification to a judge, law enforcement official, or court commissioner who has completed the requirements of Subsection <xref depth="4" refnumber="53-5-711(2)" start="0">(2)</xref>, which certificate of qualification is valid until revoked;</subsection><subsection number="53-5a-311(4)(b)">revoke the certificate of qualification of a judge, law enforcement official, or court commissioner who:<subsection number="53-5a-311(4)(b)(i)">fails to meet the annual requalification criteria established pursuant to Subsection <xref depth="4" refnumber="53-5-711(3)" start="0">(3)</xref>;</subsection><subsection number="53-5a-311(4)(b)(ii)">would be subject to revocation of a concealed firearm permit under Subsection <xref refnumber="53-5a-303(2)(a)" depth="4">53-5a-303(2)(a)</xref>; or</subsection><subsection number="53-5a-311(4)(b)(iii)">is no longer employed as a judge, law enforcement official, or court commissioner as defined in Subsection <xref depth="4" refnumber="53-5-711(1)" start="0">(1)</xref>; and</subsection></subsection><subsection number="53-5a-311(4)(c)">certify instructors for the training requirements of this section.</subsection></subsection></section><section number="53-5a-312"><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Armed Forces -- Permit requirements -- Exemptions.</catchline><tab/>An active duty servicemember of the United States Armed Forces who possesses a Utah concealed firearm permit is exempt from the requirement in Subsection <xref depth="4" refnumber="53-5a-303(4)(a)">53-5a-303(4)(a)</xref> when renewing a Utah concealed firearm permit.</section></part><part number="53-5a-4"><catchline>Utah State-Made Firearms Protections</catchline><section number="53-5a-401"><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="53-5a-401(1)">"Firearm" means a device from which is expelled a projectile by action of an explosive.</subsection><subsection number="53-5a-401(2)">"Firearm accessory" means an item that is used in conjunction with or mounted upon a firearm, firearm action, or firearm receiver but is not essential to the basic function of a firearm, including:<subsection number="53-5a-401(2)(a)">a telescopic or laser sight;</subsection><subsection number="53-5a-401(2)(b)">a magazine;</subsection><subsection number="53-5a-401(2)(c)">a flash or sound suppressor;</subsection><subsection number="53-5a-401(2)(d)">a folding or aftermarket stock or grip;</subsection><subsection number="53-5a-401(2)(e)">a speed-loader;</subsection><subsection number="53-5a-401(2)(f)">an ammunition carrier; and</subsection><subsection number="53-5a-401(2)(g)">a light for target illumination.</subsection></subsection><subsection number="53-5a-401(3)">"Generic and insignificant parts:"<subsection number="53-5a-401(3)(a)">means parts that have other manufacturing or consumer product applications; and</subsection><subsection number="53-5a-401(3)(b)">includes:<subsection number="53-5a-401(3)(b)(i)">springs;</subsection><subsection number="53-5a-401(3)(b)(ii)">screws;</subsection><subsection number="53-5a-401(3)(b)(iii)">nuts; and</subsection><subsection number="53-5a-401(3)(b)(iv)">pins.</subsection></subsection></subsection><subsection number="53-5a-401(4)">"Manufactured" means creating a firearm, a firearm action or receiver, a firearm accessory, or ammunition from basic materials for functional usefulness, including:<subsection number="53-5a-401(4)(a)">forging;</subsection><subsection number="53-5a-401(4)(b)">casting;</subsection><subsection number="53-5a-401(4)(c)">machining; and</subsection><subsection number="53-5a-401(4)(d)">another process for working materials.</subsection></subsection></section><section number="53-5a-402"><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Legal considerations.</catchline><tab/>In reviewing any matter covered by this part, a court shall consider the following:<subsection number="53-5a-402(1)">The Tenth Amendment to the United States Constitution guarantees to the state and its people all powers not granted to the federal government elsewhere in the Constitution and reserves to the state and people of Utah certain powers as they were understood at the time that Utah was admitted to statehood.</subsection><subsection number="53-5a-402(2)">The guarantee of powers to the state and its people under the Tenth Amendment is a matter of contract between the state and people of Utah and the United States as of the time of statehood.</subsection><subsection number="53-5a-402(3)">The Ninth Amendment to the United States Constitution guarantees to the people rights not granted in the Constitution and reserves to the people of Utah certain rights as they were understood at the time that Utah was admitted to statehood.</subsection><subsection number="53-5a-402(4)">The guarantee of rights to the people under the Ninth Amendment is a matter of contract between the state and people of Utah and the United States as of the time of statehood.</subsection><subsection number="53-5a-402(5)">The regulation of intrastate commerce is vested in the state under the Ninth and Tenth Amendments to the United States Constitution.</subsection><subsection number="53-5a-402(6)">The Second Amendment to the United States Constitution reserves to the people the right to keep and bear arms as that right was understood at the time that Utah was admitted to statehood, and the guarantee of the right is a matter of contract between the state and people of Utah and the United States as of the time of statehood.</subsection><subsection number="53-5a-402(7)">The Utah Constitution clearly secures to Utah citizens, and prohibits government interference with, the right of individual Utah citizens to keep and bear arms.</subsection><subsection number="53-5a-402(8)">A personal firearm, a firearm action or receiver, a firearm accessory, or ammunition that is manufactured commercially or privately in the state to be used or sold within the state is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce.</subsection><subsection number="53-5a-402(9)">The Legislature declares that a firearm, a firearm action or receiver, a firearm accessory, and ammunition described in Subsection <xref depth="4" refid="C53-5b-S102_1800010118000101" refnumber="53-5b-102(8)" start="0">(8)</xref> does not travel in interstate commerce.</subsection><subsection number="53-5a-402(10)">The importation into the state of generic and insignificant parts and those parts' incorporation into a firearm, a firearm action or receiver, a firearm accessory, or ammunition manufactured in the state does not subject the firearm, firearm accessory, firearm action or receiver, or ammunition to federal law or regulation.</subsection><subsection number="53-5a-402(11)">Basic materials, including unmachined steel and unshaped wood, are not firearms, firearm actions or receivers, firearms accessories, or ammunition.</subsection><subsection number="53-5a-402(12)">Trade in basic materials is not subject to congressional authority to regulate firearms, firearm actions or receivers, firearms accessories, and ammunition as if the basic materials were actually firearms, firearm actions or receivers, firearms accessories, or ammunition.</subsection><subsection number="53-5a-402(13)">Congress's authority to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearm actions or receivers, firearms accessories, and ammunition made in the state from basic materials.</subsection><subsection number="53-5a-402(14)">The attachment or use of firearms accessories in conjunction with a firearm manufactured in the state does not subject the firearm to federal regulation under Congress's power to regulate interstate commerce, without regard to whether the firearms accessories are themselves subject to federal regulation.</subsection></section><section number="53-5a-403"><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Intrastate firearm manufacturing.</catchline><subsection number="53-5a-403(1)">This chapter applies to a firearm, a firearm action or receiver, a firearm accessory, or ammunition that is manufactured in the state to remain in the state from basic materials that can be manufactured without the inclusion of any significant parts imported into the state.</subsection><subsection number="53-5a-403(2)">This chapter does not apply to:<subsection number="53-5a-403(2)(a)">a firearm that cannot be carried and used by one individual;</subsection><subsection number="53-5a-403(2)(b)">a firearm that has a bore diameter greater than 1-1/2 inches and that uses smokeless powder, not black powder, as a propellant;</subsection><subsection number="53-5a-403(2)(c)">a firearm that discharges two or more projectiles with one activation of the trigger or other firing device, other than a shotgun; or</subsection><subsection number="53-5a-403(2)(d)">ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm.</subsection></subsection></section><section number="53-5a-404"><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Required markings.</catchline><tab/>A firearm, firearm action, or firearm receiver manufactured or sold in Utah under this part must have the words "Made in Utah" or "Made in UT" clearly stamped on a central metallic part, such as the receiver or frame.</section></part><part number="53-5a-5"><catchline>Firearms Safe Harbor</catchline><section number="53-5a-501"><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="53-5a-501(1)">"Bureau" means the Bureau of Criminal Identification created in Section <xref depth="3" refnumber="53-10-201" start="0">53-10-201</xref>.</subsection><subsection number="53-5a-501(2)">"Cohabitant" means an individual who:<subsection number="53-5a-501(2)(a)">is 18 years old or older;</subsection><subsection number="53-5a-501(2)(b)">resides in the same home with another individual; and</subsection><subsection number="53-5a-501(2)(c)"><subsection number="53-5a-501(2)(c)(i)">is living as if a spouse of the individual;</subsection><subsection number="53-5a-501(2)(c)(ii)">is related by blood or marriage to the individual;</subsection><subsection number="53-5a-501(2)(c)(iii)">has one or more children in common with the individual; or</subsection><subsection number="53-5a-501(2)(c)(iv)">has an interest in the safety and well-being of the individual.</subsection></subsection></subsection><subsection number="53-5a-501(3)">"Domestic violence" means the same as that term is defined in Section <xref depth="3" refnumber="77-36-1" start="0">77-36-1</xref>.</subsection><subsection number="53-5a-501(4)">"Firearm" means a pistol, revolver, shotgun, short barrel shotgun, rifle or short barrel rifle, or a device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive.</subsection><subsection number="53-5a-501(5)">"Health care provider" means a person:<subsection number="53-5a-501(5)(a)">who provides health care or professional services related to health care; and</subsection><subsection number="53-5a-501(5)(b)">is acting within the scope of the person's license, certification, practice, education, or training.</subsection></subsection><subsection number="53-5a-501(6)">"Illegal firearm" means a firearm the ownership or possession of which is prohibited under state or federal law.</subsection><subsection number="53-5a-501(7)">"Jail release agreement" means the same as that term is defined in Section <xref depth="3" refnumber="78B-7-801" start="0">78B-7-801</xref>.</subsection><subsection number="53-5a-501(8)">"Jail release court order" means the same as that term is defined in Section <xref depth="3" refnumber="78B-7-801" start="0">78B-7-801</xref>.</subsection><subsection number="53-5a-501(9)">"Law enforcement agency" means a municipal or county police agency or an officer of that agency.</subsection><subsection number="53-5a-501(10)">"Owner cohabitant" means a cohabitant who:<subsection number="53-5a-501(10)(a)">is 18 years old or older; and</subsection><subsection number="53-5a-501(10)(b)">owns a firearm.</subsection></subsection></section><section number="53-5a-502"><histories></histories><catchline>Voluntary commitment of a firearm by cohabitant -- Law enforcement to hold firearm.</catchline><subsection number="53-5a-502(1)"><subsection number="53-5a-502(1)(a)">A cohabitant or owner cohabitant may voluntarily commit a firearm to a law enforcement agency or request that a law enforcement officer receive a firearm for safekeeping if the owner cohabitant or cohabitant believes that the owner cohabitant or another cohabitant with access to the firearm is an immediate threat to:<subsection number="53-5a-502(1)(a)(i)">a cohabitant;</subsection><subsection number="53-5a-502(1)(a)(ii)">the owner cohabitant; or</subsection><subsection number="53-5a-502(1)(a)(iii)">another individual.</subsection></subsection><subsection number="53-5a-502(1)(b)">Except as provided in Subsection <xref depth="4" refnumber="53-5c-201(2)" start="0">(2)</xref>, if the owner of a firearm requests return of the firearm in person at the law enforcement agency's office, the law enforcement agency:<subsection number="53-5a-502(1)(b)(i)">may not hold the firearm under this section; and</subsection><subsection number="53-5a-502(1)(b)(ii)">shall return the firearm to the owner.</subsection></subsection></subsection><subsection number="53-5a-502(2)">A law enforcement agency may not return a firearm to an owner under Subsection <xref depth="4" refnumber="53-5c-201(1)(b)" start="0">(1)(b)</xref> if the owner of the firearm:<subsection number="53-5a-502(2)(a)">is a restricted person under Section <xref depth="3" refnumber="76-11-302">76-11-302</xref> or <xref depth="3" refnumber="76-11-303">76-11-303</xref>; or</subsection><subsection number="53-5a-502(2)(b)"><subsection number="53-5a-502(2)(b)(i)">has been arrested and booked into a county jail on a class A misdemeanor or felony domestic violence offense;</subsection><subsection number="53-5a-502(2)(b)(ii)">has had a court:<subsection number="53-5a-502(2)(b)(ii)(A)">review the probable cause statement detailing the incident leading to the owner's arrest; and</subsection><subsection number="53-5a-502(2)(b)(ii)(B)">determine that probable cause existed for the arrest; and</subsection></subsection><subsection number="53-5a-502(2)(b)(iii)">is subject to a jail release agreement or a jail release court order arising out of the domestic violence offense.</subsection></subsection></subsection><subsection number="53-5a-502(3)">Unless a firearm is an illegal firearm subject to Section <xref depth="3" refnumber="53-5a-503">53-5a-503</xref>, a law enforcement agency that receives a firearm in accordance with this chapter shall:<subsection number="53-5a-502(3)(a)">record:<subsection number="53-5a-502(3)(a)(i)">the owner cohabitant's name, address, and phone number;</subsection><subsection number="53-5a-502(3)(a)(ii)">the firearm serial number and the make and model of each firearm committed; and</subsection><subsection number="53-5a-502(3)(a)(iii)">the date that the firearm was voluntarily committed;</subsection></subsection><subsection number="53-5a-502(3)(b)">require the cohabitant to sign a document attesting that the cohabitant resides in the home;</subsection><subsection number="53-5a-502(3)(c)">hold the firearm in safe custody:<subsection number="53-5a-502(3)(c)(i)">for 60 days after the day on which the firearm is voluntarily committed; or</subsection><subsection number="53-5a-502(3)(c)(ii)"><subsection number="53-5a-502(3)(c)(ii)(A)">for an owner described in Subsection <xref depth="4" refnumber="53-5c-201(2)(b)" start="0">(2)(b)</xref>, during the time the jail release agreement or jail release court order is in effect; and</subsection><subsection number="53-5a-502(3)(c)(ii)(B)">for 60 days after the day on which the jail release agreement or jail release court order expires; and</subsection></subsection></subsection><subsection number="53-5a-502(3)(d)">upon proof of identification, return the firearm to:<subsection number="53-5a-502(3)(d)(i)"><subsection number="53-5a-502(3)(d)(i)(A)">the owner cohabitant after the expiration of the 60-day period; or</subsection><subsection number="53-5a-502(3)(d)(i)(B)">if the owner cohabitant requests return of the firearm before the expiration of the 60-day period, at the time of the request; or</subsection></subsection><subsection number="53-5a-502(3)(d)(ii)">an owner other than the owner cohabitant in accordance with Section <xref depth="3" refnumber="53-5a-503">53-5a-503</xref>.</subsection></subsection></subsection><subsection number="53-5a-502(4)">The law enforcement agency shall hold the firearm for an additional 60 days:<subsection number="53-5a-502(4)(a)">if the initial 60-day period expires; and</subsection><subsection number="53-5a-502(4)(b)">the cohabitant or owner cohabitant requests that the law enforcement agency hold the firearm for an additional 60 days.</subsection></subsection><subsection number="53-5a-502(5)">A law enforcement agency may not request or require that the owner cohabitant provide the name or other information of the cohabitant who poses an immediate threat or any other cohabitant.</subsection><subsection number="53-5a-502(6)"><subsection number="53-5a-502(6)(a)">Notwithstanding an ordinance or policy to the contrary adopted in accordance with Section <xref depth="3" refnumber="63G-2-701" start="0">63G-2-701</xref>, but subject to Subsection <xref refnumber="4-48">(7)</xref>, a law enforcement agency shall destroy a record created under Subsection <xref depth="4" refnumber="53-5c-201(3)" start="0">(3)</xref>, Subsection <xref tempid="887" depth="4" refnumber="53-5a-503(3)(b)(iii)">53-5a-503(3)(b)(iii)</xref>, or any other record created in the application of this chapter immediately, if practicable, but no later than five days after immediately upon the:<subsection number="53-5a-502(6)(a)(i)">return of a firearm in accordance with Subsection <xref depth="4" refnumber="53-5c-201(3)(d)" start="0">(3)(d)</xref>; or</subsection><subsection number="53-5a-502(6)(a)(ii)">disposal of the firearm in accordance with Section <xref depth="3" refnumber="53-5a-503">53-5a-503</xref>.</subsection></subsection><subsection number="53-5a-502(6)(b)">A record described in Subsection <xref refnumber="4-47">(6)(a)</xref> is a private record under Section <xref depth="3" refnumber="63G-2-302">63G-2-302</xref> until the record is destroyed in accordance with Subsection <xref depth="4" refnumber="53-5a-502(6)(a)">(6)(a)</xref>.</subsection></subsection><subsection number="53-5a-502(7)"><subsection number="53-5a-502(7)(a)">Beginning on July 1, 2026, a law enforcement agency shall, in an anonymized and aggregate manner, collect and annually, on or before July 1 of 2027 and 2028, report to the Department of Criminal Justice:<subsection number="53-5a-502(7)(a)(i)">the total number of requests for firearm safekeeping received by the law enforcement agency under this section during the previous 12-month period;</subsection><subsection number="53-5a-502(7)(a)(ii)">the total number of firearms received under Subsection <xref depth="4" refnumber="53-5a-502(7)(a)(i)">(7)(a)(i)</xref> during the previous 12-month period; and</subsection><subsection number="53-5a-502(7)(a)(iii)">the number of firearms received under Subsection <xref tempid="888">(7)(a)(ii)</xref> that:<subsection number="53-5a-502(7)(a)(iii)(A)">were returned under Subsection <xref tempid="519">(6)(a)(i)</xref> during the previous 12-month period;</subsection><subsection number="53-5a-502(7)(a)(iii)(B)">were disposed of under Subsection <xref depth="4" refnumber="53-5a-502(6)(a)(ii)">(6)(a)(ii)</xref> during the previous 12-month period; and</subsection><subsection number="53-5a-502(7)(a)(iii)(C)">remain in possession of the law enforcement agency under this section at the end of the previous 12-month period.</subsection></subsection></subsection><subsection number="53-5a-502(7)(b)">The Department of Criminal Justice shall:<subsection number="53-5a-502(7)(b)(i)">compile the data submitted under Subsection <xref refnumber="4-59">(7)(a)</xref>; and</subsection><subsection number="53-5a-502(7)(b)(ii)">annually on or before October 1 of 2027 and 2028, submit a report containing the data described in Subsection <xref tempid="313">(7)(b)(i)</xref> to the Law Enforcement and Criminal Justice Interim Committee.</subsection></subsection></subsection><subsection number="53-5a-502(8)">Unless otherwise provided, the provisions of <xref depth="1" refnumber="77-11d" start="0">Title 77, Chapter 11d, Lost or Mislaid Property</xref>, do not apply to a firearm received by a law enforcement agency in accordance with this part.</subsection><subsection number="53-5a-502(9)">A law enforcement agency shall adopt a policy for the safekeeping of a firearm held in accordance with this part.</subsection><subsection number="53-5a-502(10)">The department shall: <subsection number="53-5a-502(10)(a)">create a pamphlet to be distributed by a law enforcement officer under Section <xref depth="3" refnumber="77-36-2.1" start="0">77-36-2.1</xref> that includes information about a cohabitant's or owner cohabitant's ability to have the owner cohabitant's firearm committed to a law enforcement agency for safekeeping in accordance with this section;</subsection><subsection number="53-5a-502(10)(b)">survey all law enforcement agencies in the state and publish a publicly searchable registry that will allow the public to see whether each law enforcement agency is or is not available to receive a voluntarily committed firearm in accordance with this section;</subsection><subsection number="53-5a-502(10)(c)">subject to available funding, create and implement a marketing plan to educate law enforcement agencies and the public regarding the options available under this chapter; and</subsection><subsection number="53-5a-502(10)(d)">notify all law enforcement agencies in the state regarding the aggregate data collection requirement under Subsection <xref depth="4" refnumber="53-5a-502(7)">(7)</xref>.</subsection></subsection></section><section number="53-5a-503"><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Illegal firearms confiscated -- Disposition of unclaimed firearm.</catchline><subsection number="53-5a-503(1)">If a law enforcement agency receives a firearm in accordance with Section <xref depth="3" refnumber="53-5c-201" start="0">53-5c-201</xref>, and the firearm is an illegal firearm, the law enforcement agency shall:<subsection number="53-5a-503(1)(a)">notify the owner cohabitant attempting to voluntarily commit the firearm that the firearm is an illegal firearm; and</subsection><subsection number="53-5a-503(1)(b)">confiscate the firearm and dispose of the firearm in accordance with Section <xref depth="3" refnumber="77-11a-403" start="0">77-11a-403</xref>.</subsection></subsection><subsection number="53-5a-503(2)"><subsection number="53-5a-503(2)(a)">If a law enforcement agency cannot, after a reasonable attempt, locate an owner cohabitant to return a firearm in accordance with Section <xref depth="3" refnumber="53-5a-502">53-5a-502</xref>, the law enforcement agency shall dispose of the firearm in accordance with Section <xref depth="3" refnumber="77-11a-403" start="0">77-11a-403</xref>.</subsection><subsection number="53-5a-503(2)(b)">A law enforcement agency may not dispose of a firearm under Subsection <xref depth="4" refnumber="53-5c-202(2)(a)" start="0">(2)(a)</xref> before one year after the day on which the cohabitant initially voluntarily committed the firearm in accordance with Section <xref depth="3" refnumber="53-5a-502">53-5a-502</xref>.</subsection></subsection><subsection number="53-5a-503(3)"><subsection number="53-5a-503(3)(a)">If an individual other than an owner cohabitant claims ownership of the firearm, the individual may:<subsection number="53-5a-503(3)(a)(i)">request that the law enforcement agency return the firearm in accordance with Subsection <xref depth="4" refnumber="53-5c-202(3)(b)" start="0">(3)(b)</xref>; or</subsection><subsection number="53-5a-503(3)(a)(ii)">petition the court for the firearm's return in accordance with Subsection <xref depth="4" refnumber="53-5c-202(3)(c)" start="0">(3)(c)</xref>.</subsection></subsection><subsection number="53-5a-503(3)(b)">Except as provided in Section <xref depth="3" refnumber="53-5a-502">53-5a-502</xref>, the law enforcement agency shall return a firearm to an individual other than an owner cohabitant who claims ownership of the firearm if:<subsection number="53-5a-503(3)(b)(i)">the 60-day period described in Section <xref depth="3" refnumber="53-5a-502">53-5a-502</xref> has expired;</subsection><subsection number="53-5a-503(3)(b)(ii)">the individual provides identification; and</subsection><subsection number="53-5a-503(3)(b)(iii)">the individual signs a document attesting that the individual has an ownership interest in the firearm.</subsection></subsection><subsection number="53-5a-503(3)(c)">After sufficient notice is given to the prosecutor, the court may order that the firearm be:<subsection number="53-5a-503(3)(c)(i)">returned to the rightful owner as determined by the court; or</subsection><subsection number="53-5a-503(3)(c)(ii)">disposed of in accordance with Section <xref depth="3" refnumber="77-11a-403" start="0">77-11a-403</xref>.</subsection></subsection><subsection number="53-5a-503(3)(d)">A law enforcement agency shall return a firearm ordered returned to the rightful owner as expeditiously as possible after a court determination.</subsection></subsection></section><section number="53-5a-504"><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Voluntary restrictions on firearm purchase and possession.</catchline><subsection number="53-5a-504(1)">An individual who is not a restricted person under Section <xref depth="3" refnumber="76-11-302">76-11-302</xref> or <xref depth="3" refnumber="76-11-303">76-11-303</xref> may voluntarily request to be restricted from the purchase or possession of firearms.</subsection><subsection number="53-5a-504(2)">An individual requesting to be restricted under Subsection <xref depth="4" refnumber="53-5c-301(1)">(1)</xref> may request placement on one of the following restricted lists:<subsection number="53-5a-504(2)(a)">a restricted list that:<subsection number="53-5a-504(2)(a)(i)">restricts the individual from purchasing or possessing a firearm for 180 days with automatic removal of the individual from the restricted list at the end of the 180 days; and</subsection><subsection number="53-5a-504(2)(a)(ii)">allows the individual to request removal 30 days after the day on which the individual is added to the restricted list; or</subsection></subsection><subsection number="53-5a-504(2)(b)">a restricted list that:<subsection number="53-5a-504(2)(b)(i)">restricts the individual from purchasing or possessing a firearm indefinitely; and</subsection><subsection number="53-5a-504(2)(b)(ii)">allows the individual to request removal 90 days after the day on which the individual is added to the restricted list.</subsection></subsection></subsection><subsection number="53-5a-504(3)"><subsection number="53-5a-504(3)(a)">Subject to Subsections <xref depth="4" refnumber="53-5c-301(8)">(8)</xref> and <xref depth="4" refnumber="53-5c-301(9)">(9)</xref>, the bureau shall develop a process and forms for inclusion on, and removal from, a restricted list as described in Subsection <xref depth="4" refnumber="53-5c-301(2)">(2)</xref> to be maintained by the bureau.</subsection><subsection number="53-5a-504(3)(b)">The bureau shall make the forms for inclusion and removal available by download through the bureau's website and require, at a minimum, the following information for the individual described in Subsection <xref depth="4" refnumber="53-5c-301(1)">(1)</xref>:<subsection number="53-5a-504(3)(b)(i)">name;</subsection><subsection number="53-5a-504(3)(b)(ii)">address;</subsection><subsection number="53-5a-504(3)(b)(iii)">date of birth;</subsection><subsection number="53-5a-504(3)(b)(iv)">contact information;</subsection><subsection number="53-5a-504(3)(b)(v)">signature; and</subsection><subsection number="53-5a-504(3)(b)(vi)"><subsection number="53-5a-504(3)(b)(vi)(A)">if the individual is entered on the restricted list as described in Subsection <xref depth="4" refnumber="53-5c-301(2)(a)">(2)(a)</xref>, an acknowledgment of the statement in Subsection <xref depth="4" refnumber="53-5c-301(8)(a)">(8)(a)</xref>; or</subsection><subsection number="53-5a-504(3)(b)(vi)(B)">if the individual is entered on the restricted list as described in Subsection <xref depth="4" refnumber="53-5c-301(2)(b)">(2)(b)</xref>, an acknowledgment of the statement in Subsection <xref depth="4" refnumber="53-5c-301(8)(b)">(8)(b)</xref>.</subsection></subsection></subsection></subsection><subsection number="53-5a-504(4)"><subsection number="53-5a-504(4)(a)">An individual requesting inclusion on a restricted list under Subsection <xref depth="4" refnumber="53-5c-301(2)">(2)</xref> shall:<subsection number="53-5a-504(4)(a)(i)">deliver the completed form in person to a law enforcement agency; or</subsection><subsection number="53-5a-504(4)(a)(ii)">direct the individual's health care provider under Section <xref depth="3" refnumber="53-5a-505">53-5a-505</xref> to electronically deliver the individual's request to the bureau.</subsection></subsection><subsection number="53-5a-504(4)(b)">The law enforcement agency described in Subsection <xref depth="4" refnumber="53-5c-301(4)(a)(i)">(4)(a)(i)</xref>:<subsection number="53-5a-504(4)(b)(i)">shall verify the individual's identity before accepting the form;</subsection><subsection number="53-5a-504(4)(b)(ii)">may not accept a form from someone other than the individual named on the form; and</subsection><subsection number="53-5a-504(4)(b)(iii)">shall transmit the form electronically to the bureau through the Utah Criminal Justice Information System.</subsection></subsection></subsection><subsection number="53-5a-504(5)">Upon receipt of a verified form provided under this section or Section <xref depth="3" refnumber="53-5a-505">53-5a-505</xref> requesting inclusion on a restricted list, the bureau shall, within 24 hours, add the individual's name to the restricted list.</subsection><subsection number="53-5a-504(6)"><subsection number="53-5a-504(6)(a)">For an individual added to the restricted list described in Subsection <xref depth="4" refnumber="53-5c-301(2)(a)">(2)(a)</xref>:<subsection number="53-5a-504(6)(a)(i)">the individual may not request removal from the restricted list unless the individual has been on the restricted list for at least 30 days;</subsection><subsection number="53-5a-504(6)(a)(ii)">the bureau shall remove the individual from the restricted list 180 days after the day on which the individual was added to the restricted list, unless the individual:<subsection number="53-5a-504(6)(a)(ii)(A)">requests to be removed from the restricted list after 30 days;</subsection><subsection number="53-5a-504(6)(a)(ii)(B)">requests to remain on the restricted list; or</subsection><subsection number="53-5a-504(6)(a)(ii)(C)">directs the individual's health care provider to request that the individual remain on the restricted list;</subsection></subsection><subsection number="53-5a-504(6)(a)(iii)">a request for an extension shall be made in the same manner as the original request; and</subsection><subsection number="53-5a-504(6)(a)(iv)">the individual may continue to request, or direct the individual's health care provider to continue to request, extensions every 180 days.</subsection></subsection><subsection number="53-5a-504(6)(b)">For an individual added to a restricted list under Subsection <xref depth="4" refnumber="53-5c-301(2)(b)">(2)(b)</xref>, the individual:<subsection number="53-5a-504(6)(b)(i)">may not request removal from the restricted list unless the individual has been on the restricted list for at least 90 days; and</subsection><subsection number="53-5a-504(6)(b)(ii)">shall remain on the restricted list, unless the bureau receives a request from the individual to have the individual's name removed from the restricted list.</subsection></subsection></subsection><subsection number="53-5a-504(7)">If an individual restricted under this section is a concealed firearm permit holder, the individual's permit shall be:<subsection number="53-5a-504(7)(a)">suspended upon entry on the restricted list; and</subsection><subsection number="53-5a-504(7)(b)">reinstated upon removal from the restricted list, unless:<subsection number="53-5a-504(7)(b)(i)">the permit has been revoked, been suspended for a reason other than under this section, or has expired; or</subsection><subsection number="53-5a-504(7)(b)(ii)">the individual has become a restricted person under Section <xref depth="3" refnumber="76-11-302">76-11-302</xref> or <xref depth="3" refnumber="76-11-303">76-11-303</xref>.</subsection></subsection></subsection><subsection number="53-5a-504(8)"><subsection number="53-5a-504(8)(a)">The form for an individual seeking to be placed on the restricted list described in Subsection <xref depth="4" refnumber="53-5c-301(2)(a)">(2)(a)</xref> shall have the following language prominently displayed before the signature:<eol/><tab/><center>"ACKNOWLEDGMENT</center><eol/><tab/>By presenting this completed form to a law enforcement agency, I understand that I am requesting that my name be placed on a restricted list that restricts my ability to purchase or possess firearms for a minimum of 30 days, and up to 6 months. I understand that by voluntarily making myself a temporarily restricted person, I may not have a firearm in my possession and any attempt to purchase a firearm while I am on the restricted list will be declined. I also understand that any time after 30 days, I may request removal from the restricted list and all previous rights will be restored. In addition, if I am in possession of a valid concealed firearm permit, my permit will be suspended during the time I am on the restricted list, but will be reinstated upon my removal, unless the permit has expired, been revoked, been suspended for another reason, or I become ineligible to possess a firearm. Additionally, I acknowledge that if I possess a firearm or attempt to purchase a firearm while outside Utah, I will be subject to the law of that location regarding restricted persons."</subsection><subsection number="53-5a-504(8)(b)">The form for an individual seeking to be placed on the restricted list described in Subsection <xref depth="4" refnumber="53-5c-301(2)(b)">(2)(b)</xref> shall have the following language prominently displayed before the signature:<eol/><tab/><center>"ACKNOWLEDGMENT</center><eol/><tab/>By presenting this completed form to a law enforcement agency, I understand that I am requesting that my name be placed on a restricted list that restricts my ability to purchase or possess firearms indefinitely. I understand that by voluntarily making myself a temporarily restricted person, I may not have a firearm in my possession and any attempt to purchase a firearm while I am on the restricted list will be declined. I also understand that any time after 90 days, I may request removal from the restricted list and all previous rights will be restored. In addition, if I am in possession of a valid concealed firearm permit, my permit will be suspended during the time I am on the restricted list, but will be reinstated upon my removal, unless the permit has expired, been revoked, been suspended for another reason, or I become ineligible to possess a firearm. Additionally, I acknowledge that if I possess a firearm or attempt to purchase a firearm while outside Utah, I will be subject to the law of that location regarding restricted persons."</subsection></subsection><subsection number="53-5a-504(9)"><subsection number="53-5a-504(9)(a)">An individual requesting removal from a restricted list shall deliver a completed removal form in person to:<subsection number="53-5a-504(9)(a)(i)">the law enforcement agency that processed the inclusion form if the individual was placed on the restricted list under Subsection <xref depth="4" refnumber="53-5c-301(4)(a)(i)">(4)(a)(i)</xref>; or</subsection><subsection number="53-5a-504(9)(a)(ii)">the individual's local law enforcement agency if the individual was placed on the restricted list under Subsection <xref depth="4" refnumber="53-5c-301(4)(a)(ii)">(4)(a)(ii)</xref>.</subsection></subsection><subsection number="53-5a-504(9)(b)">The law enforcement agency described in Subsection <xref depth="4" refnumber="53-5c-301(9)(a)">(9)(a)</xref>:<subsection number="53-5a-504(9)(b)(i)">shall verify the individual's identity before accepting the form;</subsection><subsection number="53-5a-504(9)(b)(ii)">may not accept a removal form from someone other than the individual named on the form; and</subsection><subsection number="53-5a-504(9)(b)(iii)">shall transmit the removal form electronically to the bureau through the Utah Criminal Justice Information System.</subsection></subsection></subsection><subsection number="53-5a-504(10)">Upon receipt of a verified removal form, the bureau shall, after three business days, remove the individual from the restricted list and remove the information from the National Instant Criminal Background Check System.</subsection><subsection number="53-5a-504(11)">For an individual added to the restricted list under Subsection <xref depth="4" refnumber="53-5c-301(2)(a)">(2)(a)</xref>, within 30 days before the 180-day removal deadline, the bureau shall notify the individual at the address listed on the inclusion form described in Subsection <xref depth="4" refnumber="53-5c-301(4)">(4)</xref> and, if applicable, the law enforcement agency that processed the inclusion form, that the individual is due to be removed from the restricted list, and the date on which the removal will occur, unless the individual requests an extension of up to 180 days.</subsection><subsection number="53-5a-504(12)"><subsection number="53-5a-504(12)(a)">A law enforcement agency that receives a request for inclusion under Subsection <xref depth="4" refnumber="53-5c-301(4)(a)(i)">(4)(a)(i)</xref> shall:<subsection number="53-5a-504(12)(a)(i)">maintain the completed form and all subsequent completed forms in a separate file; and</subsection><subsection number="53-5a-504(12)(a)(ii)">for an individual added to the restricted list under Subsection <xref depth="4" refnumber="53-5c-301(2)(a)">(2)(a)</xref>, destroy the entire file within five days after the date indicated in the notification if the individual does not request an extension after notification in accordance with Subsection <xref depth="4" refnumber="53-5c-301(11)">(11)</xref>.</subsection></subsection><subsection number="53-5a-504(12)(b)">A law enforcement agency that receives a removal request under Subsection <xref depth="4" refnumber="53-5c-301(9)">(9)</xref> shall destroy the entire file associated with the individual within five days after the day on which the information is transmitted to the bureau.</subsection><subsection number="53-5a-504(12)(c)">Upon removal of an individual from a restricted list, the bureau shall destroy all records related to the inclusion and removal of the individual within five days after the day on which the individual was removed.</subsection><subsection number="53-5a-504(12)(d)">All forms and records created in accordance with this section are classified as private records in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.</subsection></subsection><subsection number="53-5a-504(13)">The bureau may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to develop the process and forms to implement this section.</subsection></section><section number="53-5a-505"><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Assistance from a health care provider -- Restricted list.</catchline><subsection number="53-5a-505(1)">An individual who is not a restricted person under Section <xref depth="3" refnumber="76-11-302">76-11-302</xref> or <xref depth="3" refnumber="76-11-303">76-11-303</xref> and is seeking inclusion on a restricted list under Section <xref depth="3" refnumber="53-5a-504">53-5a-504</xref> may direct the individual's health care provider to electronically deliver the individual's inclusion request described in Section <xref depth="3" refnumber="53-5a-504">53-5a-504</xref> to the bureau.</subsection><subsection number="53-5a-505(2)">In addition to the inclusion form described in Section <xref depth="3" refnumber="53-5a-504">53-5a-504</xref>, the bureau shall create a form, available by download through the bureau's website, for:<subsection number="53-5a-505(2)(a)">an individual who is directing a health care provider to electronically deliver the individual's inclusion request and require, at a minimum, the following information:<subsection number="53-5a-505(2)(a)(i)">the individual's signature;</subsection><subsection number="53-5a-505(2)(a)(ii)">the name of the individual's health care provider; and</subsection><subsection number="53-5a-505(2)(a)(iii)">the individual's acknowledgment of the statement in Subsection <xref depth="4" refnumber="53-5c-302(4)(a)">(4)(a)</xref>; and</subsection></subsection><subsection number="53-5a-505(2)(b)">a health care provider who is delivering an individual's inclusion request and require, at a minimum, the following information for the health care provider:<subsection number="53-5a-505(2)(b)(i)">the health care provider's name;</subsection><subsection number="53-5a-505(2)(b)(ii)">the name of the health care provider's organization;</subsection><subsection number="53-5a-505(2)(b)(iii)">the health care provider's license or certification, including the license or certification number;</subsection><subsection number="53-5a-505(2)(b)(iv)">the health care provider's signature; and</subsection><subsection number="53-5a-505(2)(b)(v)">the health care provider's acknowledgment of the statement in Subsection <xref depth="4" refnumber="53-5c-302(4)(b)">(4)(b)</xref>.</subsection></subsection></subsection><subsection number="53-5a-505(3)"><subsection number="53-5a-505(3)(a)">An individual who is directing a health care provider to electronically deliver the individual's request to be included on a restricted list shall, in the presence of the health care provider, complete the forms described in Section <xref depth="3" refnumber="53-5a-504">53-5a-504</xref> and Subsection <xref depth="4" refnumber="53-5c-302(2)(a)">(2)(a)</xref>.</subsection><subsection number="53-5a-505(3)(b)">The health care provider:<subsection number="53-5a-505(3)(b)(i)">shall verify the individual's identity before accepting the forms;</subsection><subsection number="53-5a-505(3)(b)(ii)">may not accept forms from someone other than the individual named on the forms;</subsection><subsection number="53-5a-505(3)(b)(iii)">shall complete the form described in Subsection <xref depth="4" refnumber="53-5c-302(2)(b)">(2)(b)</xref>; and</subsection><subsection number="53-5a-505(3)(b)(iv)">shall deliver the request to the bureau electronically and maintain a copy of the completed request in the individual's health record.</subsection></subsection></subsection><subsection number="53-5a-505(4)"><subsection number="53-5a-505(4)(a)">The form described in Subsection <xref depth="4" refnumber="53-5c-302(2)(a)">(2)(a)</xref> shall have the following language prominently displayed before the signature:<eol/><tab/><center>"ACKNOWLEDGMENT</center><eol/><tab/>By presenting this completed form to my health care provider, I understand that I am requesting that my health care provider present my name to the Bureau of Criminal Identification to be placed on a restricted list that restricts my ability to purchase or possess firearms."</subsection><subsection number="53-5a-505(4)(b)">The form described in Subsection <xref depth="4" refnumber="53-5c-302(2)(b)">(2)(b)</xref> shall have the following language prominently displayed before the signature:<eol/><tab/><center>"ACKNOWLEDGMENT</center><eol/><tab/>By presenting this completed form to the Bureau of Criminal Identification, I understand that I am acknowledging that I have verified the identity of [name of individual seeking inclusion on a restricted list] and have witnessed [name of individual] sign the form requesting that [name of individual] be placed on a restricted list that restricts [name of individual]'s ability to purchase or possess firearms. I affirm that [name of individual] is currently my patient, and I am a licensed health care provider acting within the scope of my license, certification, practice, education, or training."</subsection></subsection><subsection number="53-5a-505(5)">The bureau may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to develop the process and forms to implement this section.</subsection></section></part><part number="53-5a-6"><catchline>Sale and Purchase of a Firearm</catchline><section number="53-5a-601"><histories><history>Amended by Chapter <modchap sess="2026GS">448</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Definitions.</catchline>As used in this part:<subsection number="53-5a-601(1)">"Antique firearm" means the same as that term is defined in Section <xref depth="3" refnumber="53-5a-101.5">53-5a-101.5</xref>.</subsection><subsection number="53-5a-601(2)">"Bureau" means the Bureau of Criminal Identification created in Section <xref depth="3" refnumber="53-10-201">53-10-201</xref> within the department.</subsection><subsection number="53-5a-601(3)">"Criminal history background check" means a criminal background check conducted through the bureau or a local law enforcement agency.</subsection><subsection number="53-5a-601(4)">"Dangerous weapon" means the same as that term is defined in Section <xref depth="3" refnumber="76-11-101">76-11-101</xref>.</subsection><subsection number="53-5a-601(5)">"Dealer" means a person who is:<subsection number="53-5a-601(5)(a)">licensed under 18 U.S.C. Sec. 923; and</subsection><subsection number="53-5a-601(5)(b)">engaged in the business of selling, leasing, or otherwise transferring a firearm or handgun, whether the person is a retail or wholesale dealer, pawnbroker, or other type of merchant or seller.</subsection></subsection><subsection number="53-5a-601(6)">"Domestic violence" means the same as that term is defined in Section <xref depth="3" refnumber="77-36-1">77-36-1</xref>.</subsection><subsection number="53-5a-601(7)">"Federal firearms licensee" means a person who:<subsection number="53-5a-601(7)(a)">holds a valid federal firearms license issued under 18 U.S.C. Sec. 923; and</subsection><subsection number="53-5a-601(7)(b)">is engaged in the activities authorized by the specific category of license held by the person.</subsection></subsection><subsection number="53-5a-601(8)"><subsection number="53-5a-601(8)(a)">"Firearm" means a pistol, revolver, shotgun, short barreled shotgun, rifle, or short barreled rifle, or a device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosive.</subsection><subsection number="53-5a-601(8)(b)">"Firearm" does not include an antique firearm.</subsection></subsection><subsection number="53-5a-601(9)">"NFA firearm" means a firearm as that term is defined in the National Firearms Act, 26 U.S.C. Sec. 5845.</subsection><subsection number="53-5a-601(10)"><subsection number="53-5a-601(10)(a)">"Short barreled rifle" means a rifle having a barrel or barrels of fewer than 16 inches in length.</subsection><subsection number="53-5a-601(10)(b)">"Short barreled rifle" includes a dangerous weapon made from a rifle by alteration, modification, or otherwise, if the weapon as modified has an overall length of fewer than 26 inches.</subsection></subsection><subsection number="53-5a-601(11)"><subsection number="53-5a-601(11)(a)">"Short barreled shotgun" means a shotgun having a barrel or barrels of fewer than 18 inches in length.</subsection><subsection number="53-5a-601(11)(b)">"Short barreled shotgun" includes a dangerous weapon made from a shotgun by alteration, modification, or otherwise, if the weapon as modified has an overall length of fewer than 26 inches.</subsection></subsection><subsection number="53-5a-601(12)">"Shotgun" means a smooth bore firearm designed to fire cartridges containing pellets or a single slug.</subsection><subsection number="53-5a-601(13)">"Slug" means a single projectile discharged from a shotgun shell.</subsection></section><section number="53-5a-602"><histories></histories><catchline>Criminal background check before purchase of a firearm -- Fee -- Exemption for concealed firearm permit holders and law enforcement officers.</catchline><subsection number="53-5a-602(1)"><subsection number="53-5a-602(1)(a)">To establish personal identification and residence in this state for purposes of this part, a dealer shall require an individual receiving a firearm to present one photo identification on a form issued by a governmental agency of the state.</subsection><subsection number="53-5a-602(1)(b)">A dealer may not accept a driving privilege card issued under Section <xref depth="3" refnumber="53-3-207" start="0">53-3-207</xref> as proof of identification for the purpose of establishing personal identification and residence in this state as required under this Subsection <xref depth="4" refnumber="76-10-526(1)">(1)</xref>.</subsection></subsection><subsection number="53-5a-602(2)"><subsection number="53-5a-602(2)(a)">A criminal history background check is required for the sale of a firearm by a licensed firearm dealer in the state.</subsection><subsection number="53-5a-602(2)(b)">Subsection <xref depth="4" refnumber="76-10-526(2)(a)">(2)(a)</xref> does not apply to the sale or transfer of:<subsection number="53-5a-602(2)(b)(i)">a firearm to a Federal Firearms Licensee; or</subsection><subsection number="53-5a-602(2)(b)(ii)">a NFA firearm to an individual if the individual has received an approved application for the sale or transfer of the NFA firearm from the Bureau of Alcohol, Tobacco, Firearms, and Explosives within thirty days after the day on which the application was approved by the Bureau of Alcohol, Tobacco, Firearms, and Explosives for the NFA firearm.</subsection></subsection></subsection><subsection number="53-5a-602(3)">A dealer may not sell or transfer a firearm to an individual until the dealer has received approval from the bureau under Subsection (5).</subsection><subsection number="53-5a-602(4)">The dealer shall make a request for criminal history background information by telephone or other electronic means to the bureau and shall receive approval or denial of the inquiry by telephone or other electronic means.</subsection><subsection number="53-5a-602(5)">When the dealer calls for or requests a criminal history background check, the bureau shall:<subsection number="53-5a-602(5)(a)">review the criminal history files, including juvenile court records, and the temporary restricted file created under Section <xref depth="3" refnumber="53-5a-504">53-5a-504</xref>, to determine if the individual is prohibited from purchasing, possessing, or transferring a firearm by state or federal law;</subsection><subsection number="53-5a-602(5)(b)">inform the dealer that:<subsection number="53-5a-602(5)(b)(i)">the records indicate the individual is prohibited; or</subsection><subsection number="53-5a-602(5)(b)(ii)">the individual is approved for purchasing, possessing, or transferring a firearm;</subsection></subsection><subsection number="53-5a-602(5)(c)">provide the dealer with a unique transaction number for that inquiry; and</subsection><subsection number="53-5a-602(5)(d)">provide a response to the requesting dealer during the call for a criminal background check, or by return call, or other electronic means, without delay, except in case of electronic failure or other circumstances beyond the control of the bureau, the bureau shall advise the dealer of the reason for the delay and give the dealer an estimate of the length of the delay.</subsection></subsection><subsection number="53-5a-602(6)"><subsection number="53-5a-602(6)(a)">The bureau may not maintain any records of the criminal history background check longer than 30 days from the date of the dealer's request, if the bureau determines that the individual receiving the firearm is not prohibited from purchasing, possessing, or transferring the firearm under state or federal law.</subsection><subsection number="53-5a-602(6)(b)">However, the bureau shall maintain a log of requests containing the dealer's federal firearms number, the transaction number, and the transaction date for a period of 12 months.</subsection></subsection><subsection number="53-5a-602(7)"><subsection number="53-5a-602(7)(a)">If the criminal history background check discloses information indicating that the individual attempting to purchase the firearm is prohibited from purchasing, possessing, or transferring a firearm, the bureau shall:<subsection number="53-5a-602(7)(a)(i)">within 24 hours after determining that the purchaser is prohibited from purchasing, possessing, or transferring a firearm, notify the law enforcement agency in the jurisdiction where the dealer is located; and</subsection><subsection number="53-5a-602(7)(a)(ii)">inform the law enforcement agency in the jurisdiction where the individual resides.</subsection></subsection><subsection number="53-5a-602(7)(b)">Subsection (7)(a) does not apply to an individual prohibited from purchasing a firearm solely due to placement on the temporary restricted list under Section <xref depth="3" refnumber="53-5a-504">53-5a-504</xref>.</subsection><subsection number="53-5a-602(7)(c)">A law enforcement agency that receives information from the bureau under Subsection (7)(a) shall provide a report before August 1 of each year to the bureau that includes:<subsection number="53-5a-602(7)(c)(i)">based on the information the bureau provides to the law enforcement agency under Subsection (7)(a), the number of cases that involve an individual who is prohibited from purchasing, possessing, or transferring a firearm as a result of a conviction for an offense involving domestic violence; and</subsection><subsection number="53-5a-602(7)(c)(ii)">of the cases described in Subsection (7)(c)(i):<subsection number="53-5a-602(7)(c)(ii)(A)">the number of cases the law enforcement agency investigates; and</subsection><subsection number="53-5a-602(7)(c)(ii)(B)">the number of cases the law enforcement agency investigates that result in a criminal charge.</subsection></subsection></subsection><subsection number="53-5a-602(7)(d)">The bureau shall:<subsection number="53-5a-602(7)(d)(i)">compile the information from the reports described in Subsection (7)(c);</subsection><subsection number="53-5a-602(7)(d)(ii)">omit or redact any identifying information in the compilation; and</subsection><subsection number="53-5a-602(7)(d)(iii)">submit the compilation to the Department of Criminal Justice created in Section <xref depth="3" refnumber="75E-2-102">75E-2-102</xref> before November 1 of each year.</subsection></subsection></subsection><subsection number="53-5a-602(8)">If an individual is denied the right to purchase a firearm under this section, the individual may review the individual's criminal history information and may challenge or amend the information as provided in Section <xref depth="3" refnumber="53-10-108" start="0">53-10-108</xref>.</subsection><subsection number="53-5a-602(9)">The bureau shall make rules in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, to ensure the identity, confidentiality, and security of all records provided by the bureau under this part are in conformance with the requirements of the Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).</subsection><subsection number="53-5a-602(10)"><subsection number="53-5a-602(10)(a)">A dealer shall collect a criminal history background check fee for the sale of a firearm under this section.</subsection><subsection number="53-5a-602(10)(b)">The fee described under Subsection (10)(a) remains in effect until changed by the bureau through the process described in Section <xref depth="3" refnumber="63J-1-504" start="0">63J-1-504</xref>.</subsection><subsection number="53-5a-602(10)(c)"><subsection number="53-5a-602(10)(c)(i)">The dealer shall forward at one time all fees collected for criminal history background checks performed during the month to the bureau by the last day of the month following the sale of a firearm.</subsection><subsection number="53-5a-602(10)(c)(ii)">The bureau shall deposit the fees into the General Fund as dedicated credits to cover the cost of administering and conducting the criminal history background check program.</subsection></subsection></subsection><subsection number="53-5a-602(11)"><subsection number="53-5a-602(11)(a)">An individual with a concealed firearm permit issued under Section <xref depth="3" refnumber="53-5a-303">53-5a-303</xref> or a provisional concealed firearm permit issued under Section <xref depth="3" refnumber="53-5a-304">53-5a-304</xref> is exempt from the background check and corresponding fee required in this section for the purchase of a firearm if:<subsection number="53-5a-602(11)(a)(i)">the individual presents the individual's concealed firearm permit to the dealer before purchase of the firearm; and</subsection><subsection number="53-5a-602(11)(a)(ii)">the dealer verifies with the bureau that the individual's concealed firearm permit is valid.</subsection></subsection><subsection number="53-5a-602(11)(b)">An individual with a temporary permit to carry a concealed firearm issued under Section <xref depth="3" refnumber="53-5a-305">53-5a-305</xref> is not exempt from a background check and the corresponding fee required in this section for the purchase of a firearm.</subsection></subsection><subsection number="53-5a-602(12)"><subsection number="53-5a-602(12)(a)">A law enforcement officer, as defined in Section <xref depth="3" refnumber="53-13-103" start="0">53-13-103</xref>, is exempt from the background check fee required in this section for the purchase of a personal firearm to be carried while off-duty if the law enforcement officer verifies current employment by providing a letter of good standing from the officer's commanding officer and current law enforcement photo identification.</subsection><subsection number="53-5a-602(12)(b)">Subsection (12)(a) may only be used by a law enforcement officer to purchase a personal firearm once in a 24-month period.</subsection></subsection><subsection number="53-5a-602(13)">A dealer engaged in the business of selling, leasing, or otherwise transferring a firearm shall:<subsection number="53-5a-602(13)(a)">make the firearm safety brochure described in Subsection <xref depth="4" refnumber="26B-5-211(3)" start="0">26B-5-211(3)</xref> available to a customer free of charge; and</subsection><subsection number="53-5a-602(13)(b)">at the time of purchase, distribute a cable-style gun lock provided to the dealer under Subsection <xref depth="4" refnumber="26B-5-211(3)" start="0">26B-5-211(3)</xref> to a customer purchasing a shotgun, short barreled shotgun, short barreled rifle, rifle, or another firearm that federal law does not require be accompanied by a gun lock at the time of purchase.</subsection></subsection></section><section number="53-5a-603"><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Sunset by Section 63I-1-253</history><modyear>2025</modyear></histories><catchline>Information check before private sale of firearm.</catchline><subsection number="53-5a-603(1)">As used in this section:<subsection number="53-5a-603(1)(a)">"Governmental entity" means the state and the state's political subdivisions.</subsection><subsection number="53-5a-603(1)(b)">"Law enforcement agency" means the same as that term is defined in Section <xref depth="3" refnumber="53-1-102" start="0">53-1-102</xref>.</subsection><subsection number="53-5a-603(1)(c)">"Personally identifiable information" means the same as that term is defined in Section <xref depth="3" refnumber="63D-2-102" start="0">63D-2-102</xref>.</subsection></subsection><subsection number="53-5a-603(2)">Subject to Subsections <xref depth="4" refnumber="76-10-526.1(3)" start="0">(3)</xref> and <xref depth="4" refnumber="76-10-526.1(4)" start="0">(4)</xref>, the bureau shall create an online process that allows an individual who is selling or purchasing a firearm to voluntarily determine:<subsection number="53-5a-603(2)(a)">if the other individual involved in the sale of the firearm has a valid concealed carry permit issued under Section <xref depth="3" refnumber="53-5a-303">53-5a-303</xref>, a provisional concealed carry permit issued under Section <xref depth="3" refnumber="53-5a-304">53-5a-304</xref>, or a temporary concealed carry permit issued under Section <xref depth="3" refnumber="53-5a-305">53-5a-305</xref>; or</subsection><subsection number="53-5a-603(2)(b)">based on the serial number of the firearm, if the firearm is reported as stolen.</subsection></subsection><subsection number="53-5a-603(3)">Subsection <xref depth="4" refnumber="76-10-526.1(2)" start="0">(2)</xref> does not apply to a federal firearms licensee or dealer.</subsection><subsection number="53-5a-603(4)">The bureau may not:<subsection number="53-5a-603(4)(a)">provide information related to a request under Subsection <xref depth="4" refnumber="76-10-526.1(2)" start="0">(2)</xref> to a law enforcement agency; or</subsection><subsection number="53-5a-603(4)(b)">collect a user's personally identifiable information under Subsection <xref depth="4" refnumber="76-10-526.1(2)" start="0">(2)</xref>.</subsection></subsection><subsection number="53-5a-603(5)">A governmental entity may not require an individual who is selling or purchasing a firearm to use the process under Subsection <xref depth="4" refnumber="76-10-526.1(2)" start="0">(2)</xref>.</subsection><subsection number="53-5a-603(6)">If an individual uses the process under Subsection <xref depth="4" refnumber="76-10-526.1(2)" start="0">(2)</xref>, the individual is not required, based on the information the individual receives from the bureau, to make a report to a law enforcement agency.</subsection><subsection number="53-5a-603(7)">After responding to a request under Subsection <xref depth="4" refnumber="76-10-526.1(2)" start="0">(2)</xref>, the bureau shall immediately dispose of all information related to the request.</subsection><subsection number="53-5a-603(8)"><subsection number="53-5a-603(8)(a)">This section does not create a civil cause of action arising from the sale or purchase of a firearm under this section.</subsection><subsection number="53-5a-603(8)(b)">An individual's failure to use the process under Subsection <xref depth="4" refnumber="76-10-526.1(2)" start="0">(2)</xref> is not evidence of the individual's negligence in a civil cause of action.</subsection></subsection></section><section number="53-5a-604"><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Penalties.</catchline><subsection number="53-5a-604(1)">A dealer is guilty of a class A misdemeanor if the dealer willfully and intentionally:<subsection number="53-5a-604(1)(a)">requests, obtains, or seeks to obtain criminal history background information under false pretenses;</subsection><subsection number="53-5a-604(1)(b)">disseminates criminal history background information; or</subsection><subsection number="53-5a-604(1)(c)">violates Section <xref depth="3" refnumber="53-5a-602">53-5a-602</xref>.</subsection></subsection><subsection number="53-5a-604(2)">An individual who purchases or transfers a firearm is guilty of a third degree felony if the individual willfully and intentionally makes a false statement of the information required for a criminal background check in Section <xref depth="3" refnumber="53-5a-602">53-5a-602</xref>.</subsection><subsection number="53-5a-604(3)">Except as otherwise provided in Subsection <xref depth="4" refid="C76-10-S527_1800010118000101" refnumber="76-10-527(1)" start="0">(1)</xref>, a dealer is guilty of a third degree felony if the dealer willfully and intentionally sells or transfers a firearm in violation of this part or Title 76, Chapter 11, Weapons.</subsection><subsection number="53-5a-604(4)">An individual is guilty of a third degree felony if the individual purchases a firearm with the intent to:<subsection number="53-5a-604(4)(a)">resell or otherwise provide a firearm to an individual who is ineligible to purchase or receive a firearm from a dealer; or</subsection><subsection number="53-5a-604(4)(b)">transport a firearm out of this state to be resold to an ineligible individual.</subsection></subsection></section><section number="53-5a-605"><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Purchase of firearms pursuant to federal law.</catchline><tab/>This part allows the purchase of firearms and ammunition pursuant to U.S.C. Title 18 Chapter 44 Sec. 922b(3).</section></part><part number="53-5a-7"><catchline>Shooting Ranges</catchline><section number="53-5a-701"><histories><history>Renumbered and Amended by Chapter <modchap sess="2026GS">401</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Definitions for part.</catchline><tab/>As used in this part:<subsection number="53-5a-701(1)">"Air gun" means a .177 or .20 caliber, or equivalent 4.5mm or 5.0mm, pellet rifle or pellet pistol whose projectile is pneumatically propelled by compressed air or compressed gas such as carbon dioxide.</subsection><subsection number="53-5a-701(2)">"Certified official" means a range safety officer, firearms instructor, or shooting coach certified by the National Rifle Association or equivalent national shooting organization.</subsection><subsection number="53-5a-701(3)">"Group" means any organized club, organization, corporation, or association which at the time of use of the shooting range has a certified official in charge while shooting is taking place and while the range is open.</subsection><subsection number="53-5a-701(4)">"Military range" means a shooting range located on a state military installation.</subsection><subsection number="53-5a-701(5)">"Nonmilitary range" means a shooting range that is not a military range.</subsection><subsection number="53-5a-701(6)">"Political subdivision" has the same meaning as defined in Section <xref depth="3" refnumber="17B-1-102" start="0">17B-1-102</xref> and includes a school district.</subsection><subsection number="53-5a-701(7)">"Public funds" means funds provided by the federal government, the state, or a political subdivision of the state.</subsection><subsection number="53-5a-701(8)">"Shooting range" or "range" means an area designed and continuously operated under nationally recognized standards and operating practices for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, archery, or any other similar shooting activities.</subsection></section><section number="53-5a-702"><histories><history>Renumbered and Amended by Chapter <modchap sess="2026GS">401</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Assumption of risk.</catchline><subsection number="53-5a-702(1)">A person who participates in shooting at a shooting range or a public shooting range accepts the associated risks to the extent the risks are obvious and inherent. </subsection><subsection number="53-5a-702(2)">The risks described in Subsection <xref depth="4" refnumber="47-3-201(1)">(1)</xref> include injuries that may result from noise, discharge of projectile or shot, malfunction of shooting equipment not owned by the shooting range or public shooting range, natural variations in terrain, surface or subsurface snow or ice conditions, bare spots, rocks, trees, and other forms of natural growth or debris.</subsection></section><section number="53-5a-703"><histories><history>Renumbered and Amended by Chapter <modchap sess="2026GS">401</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Shooting range as a public nuisance -- Notice for new subdivision development.</catchline><subsection number="53-5a-703(1)">A state agency or political subdivision shall ensure that any of the state agency's or political subdivision's rules or ordinances that define or prohibit a public nuisance exclude from the definition or prohibition any shooting range or public shooting range that was established, constructed, or operated before the implementation of the rule or ordinance regarding public nuisance unless that activity or operation substantially and adversely affects public health or safety.</subsection><subsection number="53-5a-703(2)">For any new subdivision development located in whole or in part within 1,000 feet of the boundary of any shooting range or public shooting range that was established, constructed, or operated before the development of the subdivision, the owner of the development shall provide on any plat filed with the county recorder the following notice:<format><eol/><tab/>"Shooting Range Area<eol/><tab/>This property is located in the vicinity of an established shooting range or public shooting range. It can be anticipated that customary uses and activities at this shooting range or public shooting range will be conducted now and in the future. The use and enjoyment of this property is expressly conditioned on acceptance of any annoyance or inconvenience that may result from these uses and activities."</format></subsection></section><section number="53-5a-704"><histories><history>Renumbered and Amended by Chapter <modchap sess="2026GS">401</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Access to publicly funded ranges.</catchline><tab/>A shooting range, whether indoor or outdoor, constructed with public funds and operated or controlled by the state, an institution of higher education, or a political subdivision, shall, unless specifically exempted in Section <xref depth="3" refnumber="53-5a-708">53-5a-708</xref>, be made available as provided in this section for use by any group.</section><section number="53-5a-705"><histories><history>Renumbered and Amended by Chapter <modchap sess="2026GS">401</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Use and availability.</catchline><subsection number="53-5a-705(1)">Use of a shooting range by a group may not interfere with the use of the range by the state agency, military, institution of higher education, or political subdivision for whom the range was constructed.</subsection><subsection number="53-5a-705(2)">Outdoor shooting ranges shall be available on weekends and holidays, provided they are not being used for shooting and training purposes by the owner or operator of the range.</subsection><subsection number="53-5a-705(3)"><subsection number="53-5a-705(3)(a)">Each group that uses a shooting range owned or operated by a state agency, institution of higher education, or political subdivision shall provide a certified official to oversee their shooting activities while on the range. </subsection><subsection number="53-5a-705(3)(b)">If the group does not have a certified official that is currently available, the owner or operator of the shooting range may provide one and charge a fee for that certified official's time.</subsection></subsection><subsection number="53-5a-705(4)">A group using a public shooting range may not have anyone with the group who is prohibited from possessing a firearm.</subsection><subsection number="53-5a-705(5)">Each group shall provide documentation of current and applicable liability insurance or waivers of liability to cover each state agency, institution of higher education, or a political subdivision, for each person shooting on or controlling the shooting range.</subsection><subsection number="53-5a-705(6)">Shooting range operations shall be in accordance with safety standards adopted by the National Rifle Association or equivalent national shooting organization.</subsection><subsection number="53-5a-705(7)">Staff from the owner or operator of the shooting range is not required to be present unless there is no certified official present with the group.</subsection><subsection number="53-5a-705(8)">The certified official in charge at the applicable time shall be responsible for opening and securely closing the shooting range.</subsection></section><section number="53-5a-706"><histories><history>Renumbered and Amended by Chapter <modchap sess="2026GS">401</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Rulemaking.</catchline><subsection number="53-5a-706(1)">The State Armory Board, any state agency, or institution of higher education that operates or has control of a shooting range shall make rules in accordance with <xref depth="1" refid="C63G-3_1800010118000101" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, to implement procedures for use of the range by the public.</subsection><subsection number="53-5a-706(2)">The rules shall include provisions requiring indoor shooting ranges to be available on a reservation basis, for firearms not exceeding the range design criteria:<subsection number="53-5a-706(2)(a)">at least twice per week;</subsection><subsection number="53-5a-706(2)(b)">after 4 p.m. on work or school days, or after students and faculty are excused or dismissed on the work or school day; and</subsection><subsection number="53-5a-706(2)(c)">between 8 a.m. and 10 p.m. on weekends.</subsection></subsection></section><section number="53-5a-707"><histories><history>Renumbered and Amended by Chapter <modchap sess="2026GS">401</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Fees.</catchline><subsection number="53-5a-707(1)">Reasonable fees for the use of a shooting range to cover the incidental material and supply costs incurred by making the range available to a group, may be established by:<subsection number="53-5a-707(1)(a)">the State Armory Board established under <xref depth="1" refid="C39A-2_1800010118000101" refnumber="39A-2" start="0">Title 39A, Chapter 2, State Armory Board</xref>, for a military range; and</subsection><subsection number="53-5a-707(1)(b)">for a nonmilitary range, the state agency, institution of higher education, or political subdivision that operates or has control of the range.</subsection></subsection><subsection number="53-5a-707(2)">Fees for nonmilitary shooting range use may not exceed fees charged by the Department of Natural Resources for the same or similar activity.</subsection><subsection number="53-5a-707(3)">Fees collected under Subsection <xref depth="4" refid="C47-3-S304_1800010118000101" refnumber="47-3-304(1)" start="0">(1)</xref> shall be:<subsection number="53-5a-707(3)(a)">for a shooting range operated or controlled by a state agency or an institution of higher education, deposited into the General Fund as dedicated credits to be used for the operation and maintenance of the range; and</subsection><subsection number="53-5a-707(3)(b)">for a shooting range operated or controlled by a political subdivision, deposited in the political subdivision's general fund.</subsection></subsection></section><section number="53-5a-708"><histories><history>Renumbered and Amended by Chapter <modchap sess="2026GS">401</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Exceptions and prohibitions.</catchline><subsection number="53-5a-708(1)">Sections <xref depth="3" refnumber="53-5a-704">53-5a-704</xref> through <xref refnumber="53-5a-707" depth="4">53-5a-707</xref> do not apply to:<subsection number="53-5a-708(1)(a)">shooting ranges that are otherwise open to the public;</subsection><subsection number="53-5a-708(1)(b)">shooting ranges that are operated as a public shooting range staffed by and operated by Division of Wildlife Resources;</subsection><subsection number="53-5a-708(1)(c)">the Utah National Guard ranges located at Camp Williams and the Salt Lake International Airport;</subsection><subsection number="53-5a-708(1)(d)">Department of Corrections ranges; and</subsection><subsection number="53-5a-708(1)(e)">ranges owned, operated, or currently leased as of March 26, 2013, by a state or local public safety agency.</subsection></subsection><subsection number="53-5a-708(2)"><subsection number="53-5a-708(2)(a)">Firearms may not be allowed in a school building, except under the provision of Section <xref depth="3" refnumber="76-11-205">76-11-205</xref> or <xref depth="3" refnumber="76-11-205.5">76-11-205.5</xref>, unless there is an outdoor entrance to the shooting range and the most direct access to the range is used. </subsection><subsection number="53-5a-708(2)(b)">An outdoor entrance to a shooting range may not be blocked by fences, structures, or gates for the purpose of blocking the outdoor entrance.</subsection></subsection><subsection number="53-5a-708(3)"><subsection number="53-5a-708(3)(a)">Only air guns may be used in public ranges where the ventilation systems do not meet current OSHA standards as applied to the duration of exposure of the participants. </subsection><subsection number="53-5a-708(3)(b)">For the purposes of this part, an air gun does not include larger caliber pneumatic weapons, paintball guns, or air shotguns.</subsection></subsection><subsection number="53-5a-708(4)">Group range use is a lawful, approved activity under Subsection <xref depth="4" refnumber="76-11-205(4)(f)">76-11-205(4)(f)</xref> or <xref depth="4" refnumber="76-11-205.5(4)(g)">76-11-205.5(4)(g)</xref>.</subsection></section></part></chapter><chapter number="53-5d"><catchline>Limitations On Actions Concerning Firearms And Firearm-Related Items</catchline><section number="53-5d-102"><histories><history>Amended by Chapter <modchap sess="2026GS">464</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this chapter:<subsection number="53-5d-102(1)">"Ammunition" means a bullet, a cartridge case, primer, propellant powder, or other ammunition designed for use in any firearm, either as an individual component part or in a completely assembled cartridge.</subsection><subsection number="53-5d-102(2)">"Antique firearm" means the same as that term is defined in Section <xref depth="3" refnumber="76-11-101">76-11-101</xref>.</subsection><subsection number="53-5d-102(3)">"Firearm" means the same as that term is defined in Section <xref depth="3" refnumber="76-11-101">76-11-101</xref>.</subsection><subsection number="53-5d-102(4)">"Firearm accessory" means the same as that term is defined in Section <xref depth="3" refnumber="53-5a-401">53-5a-401</xref>.</subsection><subsection number="53-5d-102(5)"><subsection number="53-5d-102(5)(a)">"Manufacturer" means, with respect to a qualified product, a person who is engaged in the business of manufacturing a qualified product.</subsection><subsection number="53-5d-102(5)(b)">"Manufacturer" includes an owner, director, officer, employee, or agent of a person described in Subsection <xref depth="4" refnumber="53-5d-102(5)(a)">(5)(a)</xref>.</subsection></subsection><subsection number="53-5d-102(6)"><subsection number="53-5d-102(6)(a)">"Negligent entrustment" means the supplying of a qualified product by a seller for use by an individual when the seller knows, or reasonably should know, that the individual to whom the seller is supplying the qualified product is likely to, and does, use the qualified product in a manner involving unreasonable risk of physical injury to the individual's self or to another individual.</subsection><subsection number="53-5d-102(6)(b)">"Negligent entrustment" does not include a harm caused by an individual who was not entrusted with a qualified product directly by a seller.</subsection></subsection><subsection number="53-5d-102(7)">"Proximate cause" means that a plaintiff's injury is directly caused by a defendant's alleged unlawful conduct.</subsection><subsection number="53-5d-102(8)"><subsection number="53-5d-102(8)(a)">"Qualified civil liability action" means a civil action or proceeding or an administrative proceeding brought by a person against a manufacturer or seller of a qualified product, or a trade association, for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from, on the basis of, arising out of, or in relation to the criminal or unlawful misuse of a qualified product by the person or a third party.</subsection><subsection number="53-5d-102(8)(b)">"Qualified civil liability action" includes a claim:<subsection number="53-5d-102(8)(b)(i)">asserted within:<subsection number="53-5d-102(8)(b)(i)(A)">a civil action or proceeding; or</subsection><subsection number="53-5d-102(8)(b)(i)(B)">an administrative proceeding; and</subsection></subsection><subsection number="53-5d-102(8)(b)(ii)">under any theory of liability, including:<subsection number="53-5d-102(8)(b)(ii)(A)">a statutory or common law claim; and</subsection><subsection number="53-5d-102(8)(b)(ii)(B)">a claim arising under contract, tort, nuisance, or negligence law.</subsection></subsection></subsection><subsection number="53-5d-102(8)(c)">"Qualified civil liability action" does not include:<subsection number="53-5d-102(8)(c)(i)">a claim brought against a transferor convicted under 18 U.S.C. Sec. 924(h) or Section <xref depth="3" refnumber="76-11-216">76-11-216</xref> by a party directly harmed by the conduct of which the transferee was convicted;</subsection><subsection number="53-5d-102(8)(c)(ii)">a claim brought against a seller for negligent entrustment or negligence per se;</subsection><subsection number="53-5d-102(8)(c)(iii)">a claim in which a manufacturer or seller of a qualified product knowingly violated a statute in one of the following provisions and the statute's violation is the sole proximate cause of the harm for which the claim seeks relief:<subsection number="53-5d-102(8)(c)(iii)(A)">the Gun Control Act, 18 U.S.C. Sec. 921 et seq.;</subsection><subsection number="53-5d-102(8)(c)(iii)(B)">the Arms Export Control Act, 22 U.S.C. Sec. 2778 et seq.;</subsection><subsection number="53-5d-102(8)(c)(iii)(C)">the National Firearms Act, 26 U.S.C. Sec. 5801 et seq.;</subsection><subsection number="53-5d-102(8)(c)(iii)(D)">the Export Control Reform Act, 50 U.S.C. Secs. 4801 to 4852; or</subsection><subsection number="53-5d-102(8)(c)(iii)(E)">a requirement in Chapter 5a, Firearm Laws, Title 76, Chapter 11, Weapons, or another statute that provides an equivalent requirement to a federal law described in Subsections <xref depth="4" refnumber="53-5d-102(8)(c)(iii)(a)">(8)(c)(iii)(A)</xref> through <xref depth="4" refnumber="53-5d-102(d)">(D)</xref>, such that the statute intentionally and exclusively imposes a specific and concrete obligation on a manufacturer or seller regarding the manner in which a qualified product is manufactured, distributed, or transferred to an unlicensed person, and does not include a claim premised on statutory or common law nuisance or negligence;</subsection></subsection><subsection number="53-5d-102(8)(c)(iv)">a claim for breach of contract or warranty in connection with the purchase of the qualified product;</subsection><subsection number="53-5d-102(8)(c)(v)">a claim for death, a physical injury, or property damage resulting directly from a defect in design or manufacture of the qualified product, when the qualified product is being lawfully used as intended or in a reasonably foreseeable manner, except that where the discharge of the qualified product was caused by a volitional act that meets the elements of a criminal offense, then the volitional act shall be considered the sole proximate cause of any resulting death, personal injuries, or property damage; or</subsection><subsection number="53-5d-102(8)(c)(vi)">a claim or proceeding commenced to enforce the provisions of 18 U.S.C. Chapter 44, 26 U.S.C. Chapter 53, or Title 76, Chapter 11, Weapons.</subsection></subsection></subsection><subsection number="53-5d-102(9)"><subsection number="53-5d-102(9)(a)">"Qualified product" means:<subsection number="53-5d-102(9)(a)(i)">ammunition;</subsection><subsection number="53-5d-102(9)(a)(ii)">an antique firearm;</subsection><subsection number="53-5d-102(9)(a)(iii)">a firearm; or</subsection><subsection number="53-5d-102(9)(a)(iv)">a firearm accessory.</subsection></subsection><subsection number="53-5d-102(9)(b)">"Qualified product" includes a product that is intended to be included in, attached to, used while attached to, or used in conjunction with a firearm or ammunition.</subsection></subsection><subsection number="53-5d-102(10)"><subsection number="53-5d-102(10)(a)">"Seller" means, with respect to a qualified product:<subsection number="53-5d-102(10)(a)(i)">a federal firearms licensee, as defined in Section <xref depth="3" refnumber="53-5a-601">53-5a-601</xref>; or</subsection><subsection number="53-5d-102(10)(a)(ii)">a person engaged in the business of selling a qualified product at the wholesale or retail level, including importing and exporting a qualified product.</subsection></subsection><subsection number="53-5d-102(10)(b)">"Seller" includes an owner, director, officer, employee, or agent of a person described in Subsection <xref depth="4" refnumber="53-5d-102(10)(a)">(10)(a)</xref>.</subsection><subsection number="53-5d-102(10)(c)">"Seller" does not include a manufacturer.</subsection></subsection><subsection number="53-5d-102(11)">"Trade association" means any corporation, unincorporated association, federation, business league, or professional or business organization not organized or operated for profit and for which no part of the net earnings of which inures to the benefit of any private shareholder or individual, if:<subsection number="53-5d-102(11)(a)">the entity is an organization described in 26 U.S.C. Sec. 501(c)(6) and exempt from tax under 26 U.S.C. Sec. 501(a); and</subsection><subsection number="53-5d-102(11)(b)">two or more members of the entity are manufacturers or sellers of a qualified product.</subsection></subsection><subsection number="53-5d-102(12)">"Unlawful misuse" means conduct that violates a statute, ordinance, or regulation as the conduct relates to the use of a qualified product.</subsection></section><section number="53-5d-103"><histories><history>Amended by Chapter <modchap sess="2026GS">464</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Limitations on liability -- Requirements -- Dismissal.</catchline><subsection number="53-5d-103(1)">A person may not assert a claim, including a qualified civil liability action, against a manufacturer or seller of a qualified product, or a trade association, unless the claim:<subsection number="53-5d-103(1)(a)">is based on an exception described in Subsection <xref depth="4" refnumber="53-5d-102(8)(c)">53-5d-102(8)(c)</xref>; and</subsection><subsection number="53-5d-103(1)(b)">pleads with particularity the factual allegations providing the basis for the application of the exception described in Subsection <xref depth="4" refnumber="53-5d-103(1)(a)">(1)(a)</xref>, including the factual allegations necessary to establish:<subsection number="53-5d-103(1)(b)(i)">the defendant's culpable mental state; and </subsection><subsection number="53-5d-103(1)(b)(ii)">that the defendant was the proximate cause of the damages alleged in the claim.</subsection></subsection></subsection><subsection number="53-5d-103(2)">A court shall construe an exception described in Subsection <xref depth="4" refnumber="53-5d-102(8)(c)">53-5d-102(8)(c)</xref>:<subsection number="53-5d-103(2)(a)">to limit the scope of a permissible claim, if there is a conflict between an exception and state statutory or common law; and</subsection><subsection number="53-5d-103(2)(b)">in harmony with other exceptions described in Subsection <xref depth="4" refnumber="53-5d-102(8)(c)">53-5d-102(8)(c)</xref>.</subsection></subsection><subsection number="53-5d-103(3)">A court shall dismiss a claim brought against a manufacturer, seller, or trade association unless the claim:<subsection number="53-5d-103(3)(a)">alleges an exception described in Subsection <xref depth="4" refnumber="53-5d-102(8)(c)">53-5d-102(8)(c)</xref>; and</subsection><subsection number="53-5d-103(3)(b)">complies with the requirements described in Subsection <xref depth="4" refnumber="53-5d-103(1)">(1)</xref>.</subsection></subsection><subsection number="53-5d-103(4)"><subsection number="53-5d-103(4)(a)">A defendant who prevails in a motion to dismiss a claim under Subsection <xref depth="4" refnumber="53-5d-103(3)">(3)</xref> is entitled to reasonable attorney fees and court costs.</subsection><subsection number="53-5d-103(4)(b)">A defendant may appeal an interlocutory order of a court that denies the defendant's motion to dismiss a claim under Subsection <xref depth="4" refnumber="53-5d-103(3)">(3)</xref>.</subsection></subsection><subsection number="53-5d-103(5)">A foreign nation may not assert an exception described in Subsection <xref depth="4" refnumber="53-5d-102(8)">53-5d-102(8)</xref>.</subsection></section><section number="53-5d-104"><histories><history>Enacted by Chapter <modchap sess="2026GS">464</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>State preemption of local regulation.</catchline><subsection number="53-5d-104(1)">This chapter preempts a political subdivision from enacting any legislation, code, ordinance, or rule that imposes civil liability on a manufacturer, seller, or trade association for the criminal misuse, alteration, or modification of a qualified product under any theory of liability.</subsection><subsection number="53-5d-104(2)">Any legislation, code, ordinance, or rule made by a political subdivision of this state described in Subsection <xref depth="4" refnumber="53-5d-105(1)">(1)</xref> is superseded by this chapter.</subsection></section></chapter><chapter number="53-6"><catchline>Peace Officer Standards and Training Act</catchline><part number="53-6-1"><catchline>Peace Officer Standards and Training Division Administration</catchline><section number="53-6-101"><histories><history>Enacted by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Short title.</catchline><tab/>This chapter is known as the "Peace Officer Standards and Training Act." </section><section number="53-6-102"><histories></histories><catchline>Definitions.</catchline><tab/>As used in this chapter:<subsection number="53-6-102(1)">"Addiction" means the unlawful or habitual use of alcohol or a controlled substance which endangers public health and safety.</subsection><subsection number="53-6-102(2)">"Certified academy" means a peace officer training institution certified in accordance with the standards developed under Section <xref depth="3" refid="C53-6-S105_1800010118000101" refnumber="53-6-105" start="0">53-6-105</xref>.</subsection><subsection number="53-6-102(3)">Commission" means the State Commission on Criminal and Juvenile Justice created in Section <xref depth="3" refnumber="63M-7-201">63M-7-201</xref>.</subsection><subsection number="53-6-102(4)">"Conviction" means an adjudication of guilt regarding criminal conduct, including:<subsection number="53-6-102(4)(a)">a finding of guilt by a court or a jury;</subsection><subsection number="53-6-102(4)(b)">a guilty plea;</subsection><subsection number="53-6-102(4)(c)">a plea of nolo contendere;</subsection><subsection number="53-6-102(4)(d)">a plea which is held in abeyance pending the successful completion of:<subsection number="53-6-102(4)(d)(i)">a probationary period; or</subsection><subsection number="53-6-102(4)(d)(ii)">a diversion agreement; or</subsection></subsection><subsection number="53-6-102(4)(e)">a conviction which has been expunged or dismissed.</subsection></subsection><subsection number="53-6-102(5)">"Council" means the Peace Officer Standards and Training Council created in Section <xref depth="3" refnumber="53-6-106">53-6-106</xref>.</subsection><subsection number="53-6-102(6)">"Cryptocurrency" means a digital asset that functions as a medium of exchange, a unit of account, or a store of value, and is secured by cryptography.</subsection><subsection number="53-6-102(7)">"Cryptocurrency investigation" means a law enforcement investigation involving the tracing, analysis, or recovery of cryptocurrency or digital assets.</subsection><subsection number="53-6-102(8)">"Department" means the Department of Criminal Justice created in Section <xref depth="3" refnumber="75E-2-102">75E-2-102</xref>.</subsection><subsection number="53-6-102(9)">"Digital asset" means the same as that term is defined in Section <xref depth="3" refnumber="13-62-101">13-62-101</xref>.</subsection><subsection number="53-6-102(10)">"Director" means the director of the Peace Officer Standards and Training Division appointed under Section <xref depth="3" refid="C53-6-S104_1800010118000101" refnumber="53-6-104" start="0">53-6-104</xref>.</subsection><subsection number="53-6-102(11)">"Dispatcher" means an employee of a public safety agency of the state or any of its political subdivisions and whose primary duties are to:<subsection number="53-6-102(11)(a)"><subsection number="53-6-102(11)(a)(i)">receive calls for one or a combination of, emergency police, fire, and medical services, and to dispatch the appropriate personnel and equipment in response to the calls; and</subsection><subsection number="53-6-102(11)(a)(ii)">in response to emergency calls, make urgent decisions affecting the life, health, and welfare of the public and public safety employees; or</subsection></subsection><subsection number="53-6-102(11)(b)">supervise dispatchers or direct a dispatch communication center.</subsection></subsection><subsection number="53-6-102(12)">"Division" means the Peace Officer Standards and Training Division created in Section <xref depth="3" refid="C53-6-S103_1800010118000101" refnumber="53-6-103" start="0">53-6-103</xref>.</subsection><subsection number="53-6-102(13)">"POST" means the division.</subsection></section><section number="53-6-103"><histories><history>Amended by Chapter <modchap sess="1995GS">134</modchap>, 1995 General Session</history><modyear>1995</modyear></histories><catchline>Peace Officer Standards and Training Division -- Creation -- Administration -- Duties.</catchline><subsection number="53-6-103(1)"> There is created within the department the Peace Officer Standards and Training Division.</subsection><subsection number="53-6-103(2)"> The division shall be administered by a director acting under the supervision and control of the commissioner.</subsection><subsection number="53-6-103(3)"> The division shall promote and ensure the safety and welfare of the citizens of this state in their respective communities and provide for efficient and professional law enforcement by establishing minimum standards and training for peace officers and dispatchers throughout the state.</subsection></section><section number="53-6-104"><histories><history>Amended by Chapter <modchap sess="2021GS">344</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Appointment of director of division -- Qualifications -- Appointment of employees -- Term of office -- Compensation.</catchline><subsection number="53-6-104(1)"> The commissioner, upon recommendation of the council and with the approval of the governor, shall appoint a director of the division.</subsection><subsection number="53-6-104(2)"> The director is the executive and administrative head of the division and shall be experienced in administration and possess additional qualifications as determined by the commissioner and as provided by law.</subsection><subsection number="53-6-104(3)"> The director shall be a full-time officer of the state.</subsection><subsection number="53-6-104(4)"> The director may appoint deputies, consultants, clerks, and other employees from eligibility lists authorized by the Division of Human Resource Management.</subsection><subsection number="53-6-104(5)"> The director may be removed from his position at the will of the commissioner.</subsection><subsection number="53-6-104(6)"> The director shall receive compensation as provided by <xref depth="1" refnumber="63A-17" start="0">Title 63A, Chapter 17, Utah State Personnel Management Act</xref>.</subsection></section><section number="53-6-105"><histories><history>Amended by Chapter <modchap sess="2020S5">6</modchap>, 2020 Special Session 5</history><modyear>2020</modyear></histories><catchline>Duties of director -- Powers -- Rulemaking.</catchline><subsection number="53-6-105(1)"> The director, with the advice of the council, shall: <subsection number="53-6-105(1)(a)"> prescribe standards for the certification of a peace officer training academy, certify an academy that meets the prescribed standards, and prescribe standards for revocation of certification for cause;</subsection><subsection number="53-6-105(1)(b)"> prescribe minimum qualifications for certification of peace officers appointed or elected to enforce the laws of this state and its subdivisions and prescribe standards for revocation of certification for cause;</subsection><subsection number="53-6-105(1)(c)"> establish minimum requirements for the certification of training instructors and establish standards for revocation of certification;</subsection><subsection number="53-6-105(1)(d)"> provide for the issuance of appropriate certificates to those peace officers completing the basic training programs offered by a certified academy or those persons who pass a certification examination as provided for in this chapter;</subsection><subsection number="53-6-105(1)(e)"> consult and cooperate with certified academy administrators and instructors for the continued development and improvement of the basic training programs provided by the certified academy and for the further development and implementation of advanced in-service training programs;</subsection><subsection number="53-6-105(1)(f)"> consult and cooperate with state institutions of higher education to develop specialized courses of study for peace officers in the areas of criminal justice, police administration, criminology, social sciences, and other related disciplines;</subsection><subsection number="53-6-105(1)(g)"> consult and cooperate with other departments, agencies, and local governments concerned with peace officer training;</subsection><subsection number="53-6-105(1)(h)"> perform any other acts necessary to develop peace officer training programs within the state;</subsection><subsection number="53-6-105(1)(i)"> report to the council at regular meetings of the council and when the council requires;</subsection><subsection number="53-6-105(1)(j)"> recommend peace officer standards and training requirements to the commissioner, governor, and the Legislature; and</subsection><subsection number="53-6-105(1)(k)"> in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, the director shall, with the advice of the council, make rules necessary to administer this chapter.</subsection></subsection><subsection number="53-6-105(2)"> With the permission of the commissioner, the director may execute contracts on behalf of the division with criminal justice agencies to provide training for employees of those agencies if: <subsection number="53-6-105(2)(a)"> the employees or the employing agency pay a registration fee equivalent to the cost of the training; and</subsection><subsection number="53-6-105(2)(b)"> the contract does not reduce the effectiveness of the division in its primary responsibility of providing training for peace officers of the state.</subsection></subsection><subsection number="53-6-105(3)"> The director may: <subsection number="53-6-105(3)(a)"> revoke certification of a certified academy for cause; and</subsection><subsection number="53-6-105(3)(b)"> make training aids and materials available to local law enforcement agencies.</subsection></subsection><subsection number="53-6-105(4)"> The director shall, with the advice of the council, make rules: <subsection number="53-6-105(4)(a)"> establishing minimum requirements for the certification of dispatcher training instructors in a certified academy or interagency program and standards for revocation of this certification;</subsection><subsection number="53-6-105(4)(b)"> establishing approved curriculum and a basic schedule for the basic dispatcher training course and the content of the dispatcher certification examination;</subsection><subsection number="53-6-105(4)(c)"> providing for the issuance of appropriate certificates to a person who completes the basic dispatcher course or who passes a dispatcher certification examination as provided for in this chapter;</subsection><subsection number="53-6-105(4)(d)"> establishing approved courses for certified dispatchers' annual training; and</subsection><subsection number="53-6-105(4)(e)"> establishing a reinstatement procedure for a certified dispatcher who has not obtained the required annual training hours.</subsection></subsection><subsection number="53-6-105(5)"> The director may not, in approving and reviewing curriculum and training aids for academies, approve or recommend any curriculum which includes the use of chokeholds, carotid restraints, or any act that impedes the breathing or circulation of blood likely to produce a loss of consciousness, as a valid method of restraint.</subsection></section><section number="53-6-106"><histories><history>Amended by Chapter <modchap sess="2022GS">127</modchap>, 2022 General Session</history><modyear>2022</modyear></histories><catchline>Creation of Peace Officer Standards and Training Council -- Purpose -- Membership -- Quorum -- Meetings -- Compensation.</catchline><subsection number="53-6-106(1)"> There is created the Peace Officer Standards and Training Council.</subsection><subsection number="53-6-106(2)"> The council shall serve as an advisory board to the director of the division on matters relating to peace officer and dispatcher standards and training.</subsection><subsection number="53-6-106(3)"> The council includes: <subsection number="53-6-106(3)(a)"> the attorney general or a designated representative;</subsection><subsection number="53-6-106(3)(b)"> the superintendent of the highway patrol or a designated representative;</subsection><subsection number="53-6-106(3)(c)"> the executive director of the Department of Corrections or a designated representative; and</subsection><subsection number="53-6-106(3)(d)"> 14 additional members appointed by the governor having qualifications, experience, or education in the field of law enforcement as follows:<subsection number="53-6-106(3)(d)(i)"> one incumbent mayor;</subsection><subsection number="53-6-106(3)(d)(ii)"> one incumbent county commissioner;</subsection><subsection number="53-6-106(3)(d)(iii)"> three incumbent sheriffs, one of whom is a representative of the Utah Sheriffs Association, one of whom is from a county having a population of 100,000 or more, and one of whom is from a county having a population of less than 100,000;</subsection><subsection number="53-6-106(3)(d)(iv)"> three incumbent police chiefs, one of whom is a representative of the Utah Chiefs of Police Association, one of whom is from a city of the first or second class, and one of whom is from a city of the third, fourth, or fifth class or town;</subsection><subsection number="53-6-106(3)(d)(v)"> one representative of the Utah Peace Officers Association;</subsection><subsection number="53-6-106(3)(d)(vi)"> one educator in the field of public administration, criminal justice, or a related area; </subsection><subsection number="53-6-106(3)(d)(vii)"> one current Utah certified law enforcement officer, employed in a non-supervisory role, rotated every term; and</subsection><subsection number="53-6-106(3)(d)(viii)"> three persons selected at large by the governor.</subsection></subsection></subsection><subsection number="53-6-106(4)"><subsection number="53-6-106(4)(a)"> Except as required by Subsection <xref depth="4" refnumber="53-6-106(4)(b)" start="0">(4)(b)</xref>, the 14 members of the council shall be appointed by the governor for four-year terms.</subsection><subsection number="53-6-106(4)(b)"> Notwithstanding the requirements of Subsection <xref depth="4" refnumber="53-6-106(4)(a)" start="0">(4)(a)</xref>, the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of council members are staggered so that approximately half of the council is appointed every two years.</subsection><subsection number="53-6-106(4)(c)"> A member may be reappointed for additional terms.</subsection><subsection number="53-6-106(4)(d)"> When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term by the governor from the same category in which the vacancy occurs.</subsection></subsection><subsection number="53-6-106(5)"> A member of the council ceases to be a member: <subsection number="53-6-106(5)(a)"> immediately upon the termination of the member's holding the office or employment that was the basis for eligibility to membership on the council; or</subsection><subsection number="53-6-106(5)(b)"> upon two unexcused absences in one year from regularly scheduled council meetings.</subsection></subsection><subsection number="53-6-106(6)"> The council shall select a chair and vice chair from among its members.</subsection><subsection number="53-6-106(7)"> Ten members of the advisory council constitute a quorum.</subsection><subsection number="53-6-106(8)"><subsection number="53-6-106(8)(a)"> Meetings may be called by the chair, the commissioner, or the director and shall be called by the chair upon the written request of nine members.</subsection><subsection number="53-6-106(8)(b)"> Meetings shall be held at the times and places determined by the director.</subsection></subsection><subsection number="53-6-106(9)"> The council shall meet at least two times per year.</subsection><subsection number="53-6-106(10)"> A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: <subsection number="53-6-106(10)(a)"> Section <xref depth="3" refnumber="63A-3-106" start="0">63A-3-106</xref>;</subsection><subsection number="53-6-106(10)(b)"> Section <xref depth="3" refnumber="63A-3-107" start="0">63A-3-107</xref>; and</subsection><subsection number="53-6-106(10)(c)"> rules made by the Division of Finance pursuant to Sections <xref depth="3" refnumber="63A-3-106" start="0">63A-3-106</xref> and <xref depth="3" refnumber="63A-3-107" start="0">63A-3-107</xref>.</subsection></subsection><subsection number="53-6-106(11)"> Membership on the council does not disqualify any member from holding any other public office or employment.</subsection></section><section number="53-6-107"><histories><history>Amended by Chapter <modchap sess="2026GS">291</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>General duties of council.</catchline><subsection number="53-6-107(1)">The council shall:<subsection number="53-6-107(1)(a)">advise the director regarding:<subsection number="53-6-107(1)(a)(i)">the approval, certification, or revocation of certification of any certified academy established in the state;</subsection><subsection number="53-6-107(1)(a)(ii)">minimum courses of study, attendance requirements, and the equipment and facilities to be required at a certified academy;</subsection><subsection number="53-6-107(1)(a)(iii)">minimum qualifications for instructors at a certified academy;</subsection><subsection number="53-6-107(1)(a)(iv)">the minimum basic training requirements that peace officers shall complete before receiving certification;</subsection><subsection number="53-6-107(1)(a)(v)">the minimum basic training requirements that dispatchers shall complete before receiving certification; and</subsection><subsection number="53-6-107(1)(a)(vi)">categories or classifications of advanced in-service training programs and minimum courses of study and attendance requirements for the categories or classifications;</subsection></subsection><subsection number="53-6-107(1)(b)">recommend that studies, surveys, or reports, or all of them be made by the director concerning the implementation of the objectives and purposes of this chapter;</subsection><subsection number="53-6-107(1)(c)">make recommendations and reports to the commissioner and governor from time to time;</subsection><subsection number="53-6-107(1)(d)">choose from the sanctions to be imposed against certified peace officers in accordance with Section <xref depth="3" refnumber="53-6-211">53-6-211</xref>, and dispatchers in accordance with Section <xref depth="3" refnumber="53-6-309">53-6-309</xref>;</subsection><subsection number="53-6-107(1)(e)">establish and annually review:<subsection number="53-6-107(1)(e)(i)">minimum use of force standards for all peace officers in the state;</subsection><subsection number="53-6-107(1)(e)(ii)">minimum standards for officer intervention and the reporting of police misconduct based on Section <xref depth="3" refnumber="53-6-210.5">53-6-210.5</xref>; and</subsection><subsection number="53-6-107(1)(e)(iii)">the best practices for investigating sexual assaults;</subsection></subsection><subsection number="53-6-107(1)(f)">in consultation with the Victim Services Commission's subcommittee on rape and sexual assault created in Subsection <xref depth="4" refnumber="75E-6-103(5)(b)">75E-6-103(5)(b)</xref>, create and, if necessary, annually update a model sexual assault investigation policy based on the best practices established in Subsection <xref depth="4" refnumber="53-6-107(1)(e)(iii)">(1)(e)(iii)</xref> that can be adopted and used by a law enforcement agency; and</subsection><subsection number="53-6-107(1)(g)">perform other acts as necessary to carry out the duties of the council in this chapter.</subsection></subsection><subsection number="53-6-107(2)">The council may approve special function officers for membership in the public safety retirement system in accordance with Sections <xref depth="3" refnumber="49-14-201">49-14-201</xref> and <xref depth="3" refnumber="49-15-201">49-15-201</xref>.</subsection></section><section number="53-6-108"><histories><history>Amended by Chapter <modchap sess="2010GS">324</modchap>, 2010 General Session</history><modyear>2010</modyear></histories><catchline>Donations, contributions, grants, gifts, bequests, devises, or endowments -- Authority to accept -- Disposition.</catchline><subsection number="53-6-108(1)"> The division may accept any donations, contributions, grants, gifts, bequests, devises, or endowments of money or property, which shall be the property of the state.</subsection><subsection number="53-6-108(2)"><subsection number="53-6-108(2)(a)"> If the donor directs that the money or property be used in a specified manner, then the division shall use it in accordance with these directions and state law.</subsection><subsection number="53-6-108(2)(b)"> All money and the proceeds from donated property not disposed of under Subsection <xref depth="4" refid="C53-6-S108_1800010118000101" refnumber="53-6-108(2)(a)" start="0">(2)(a)</xref> shall be deposited in the General Fund as restricted revenue for the division.</subsection></subsection></section><section number="53-6-109"><histories><history>Amended by Chapter <modchap sess="2024GS">163</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Mandatory compliance with minimum use of force standards.</catchline><tab/>Peace officers and the agencies that employ peace officers shall comply with, and enforce compliance with, the minimum use of force standards described in Subsection <xref depth="4" refnumber="53-6-107(1)(e)(i)">53-6-107(1)(e)(i)</xref>.</section></part><part number="53-6-2"><catchline>Peace Officer Training and Certification Act</catchline><section number="53-6-201"><histories><history>Enacted by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Short title.</catchline><tab/>This part is known as the "Peace Officer Training and Certification Act." </section><section number="53-6-202"><histories><history>Amended by Chapter <modchap sess="2026GS">394</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Basic training course -- Completion required -- Annual training -- Prohibition from exercising powers -- Reinstatement.</catchline><subsection number="53-6-202(1)"><subsection number="53-6-202(1)(a)">The director shall:<subsection number="53-6-202(1)(a)(i)"><subsection number="53-6-202(1)(a)(i)(A)">suggest and prepare subject material; and</subsection><subsection number="53-6-202(1)(a)(i)(B)">schedule instructors for basic training courses; or</subsection></subsection><subsection number="53-6-202(1)(a)(ii)">review the material and instructor choices submitted by a certified academy.</subsection></subsection><subsection number="53-6-202(1)(b)">The subject material, instructors, and schedules shall be approved or disapproved by a majority vote of the council.</subsection></subsection><subsection number="53-6-202(2)">The materials shall be reviewed and approved by the council on or before July 1st of each year and may from time to time be changed or amended by majority vote of the council.</subsection><subsection number="53-6-202(3)">The basic training in a certified academy:<subsection number="53-6-202(3)(a)">shall be appropriate for the basic training of peace officers in the techniques of law enforcement in the discretion of the director; </subsection><subsection number="53-6-202(3)(b)">may not include the use of chokeholds, carotid restraints, or any act that impedes the breathing or circulation of blood likely to produce a loss of consciousness, as a valid method of restraint; and</subsection><subsection number="53-6-202(3)(c)">shall include instruction on identifying, responding to, and reporting a criminal offense that is motivated by a personal attribute as that term is defined in Section <xref depth="3" refnumber="76-3-203.14">76-3-203.14</xref>.</subsection></subsection><subsection number="53-6-202(4)"><subsection number="53-6-202(4)(a)">All peace officers shall satisfactorily complete the basic training course or the waiver process provided for in this chapter as well as annual certified training of not less than 40 hours as the director, with the advice and consent of the council, directs.</subsection><subsection number="53-6-202(4)(b)">A peace officer who fails to satisfactorily complete the annual training described in Subsection <xref depth="4" refnumber="53-6-202(4)(a)">(4)(a)</xref> shall automatically be prohibited from exercising peace officer powers until any deficiency is made up.</subsection><subsection number="53-6-202(4)(c)">The annual training described in Subsection <xref depth="4" refnumber="53-6-202(4)(a)">(4)(a)</xref> shall include training focused on arrest control and de-escalation training.</subsection></subsection><subsection number="53-6-202(5)"><subsection number="53-6-202(5)(a)">Beginning July 1, 2024, all peace officers who are currently employed shall participate in a training at least every three years focused on the following:<subsection number="53-6-202(5)(a)(i)">mental health and other crisis intervention responses;</subsection><subsection number="53-6-202(5)(a)(ii)">intervention responses for mental illnesses, autism spectrum disorder, and other neurological and developmental disorders; and</subsection><subsection number="53-6-202(5)(a)(iii)">responses to sexual traumas and investigations of sexual assault and sexual abuse in accordance with Section <xref depth="3" refnumber="53-10-908">53-10-908</xref>.</subsection></subsection><subsection number="53-6-202(5)(b)">Any training in which a peace officer participates as described in Subsection <xref depth="4" refnumber="53-6-202(5)(a)">(5)(a)</xref> shall count toward the peace officer's 40-hour required annual training described in Subsection <xref depth="4" refnumber="53-6-202(4)(a)">(4)(a)</xref> for the year in which the peace officer participated in the training.</subsection></subsection><subsection number="53-6-202(6)"><subsection number="53-6-202(6)(a)">The director or the director's designee, in coordination with the council, shall promulgate the standards for the trainings described in Subsection <xref depth="4" refnumber="53-6-202(4)">(4)</xref>.</subsection><subsection number="53-6-202(6)(b)">The chief law enforcement officer or executive officer of the peace officer's employing agency shall determine if a peace officer has complied with the standards established under Subsection <xref depth="4" refnumber="53-6-202(6)(a)">(6)(a)</xref>.</subsection></subsection><subsection number="53-6-202(7)"><subsection number="53-6-202(7)(a)">Beginning July 1, 2026, each local law enforcement agency shall ensure that at least one peace officer employed by the agency completes specialized cryptocurrency investigation training at least once every three years, focused on:<subsection number="53-6-202(7)(a)(i)">advanced cryptocurrency tracing and blockchain analysis techniques;</subsection><subsection number="53-6-202(7)(a)(ii)">digital asset seizure procedures and evidence preservation;</subsection><subsection number="53-6-202(7)(a)(iii)">use of cryptocurrency investigation tools and software;</subsection><subsection number="53-6-202(7)(a)(iv)">legal requirements for cryptocurrency search warrants and subpoenas;</subsection><subsection number="53-6-202(7)(a)(v)">coordination with federal agencies and cryptocurrency exchanges; and</subsection><subsection number="53-6-202(7)(a)(vi)">recovery and liquidation of seized digital assets.</subsection></subsection><subsection number="53-6-202(7)(b)">The director or the director's designee, in coordination with the council, shall create standards for the trainings described in Subsection <xref depth="4" refnumber="53-6-202(7)(a)">(7)(a)</xref>.</subsection><subsection number="53-6-202(7)(c)">The chief law enforcement officer or executive officer of the peace officer's employing agency shall determine if a peace officer has complied with the standards created under Subsection <xref depth="4" refnumber="53-6-202(7)(b)">(7)(b)</xref>.</subsection><subsection number="53-6-202(7)(d)">A peace officer who completes the specialized training described in Subsection <xref depth="4" refnumber="53-6-202(7)(a)">(7)(a)</xref> may assist other local law enforcement agencies with cryptocurrency investigations.</subsection></subsection></section><section number="53-6-203"><histories><history>Amended by Chapter <modchap sess="2024GS">175</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Applicants for admission to training programs or for certification examination -- Requirements.</catchline><subsection number="53-6-203(1)">Before being accepted for admission to the training programs conducted by a certified academy, and before being allowed to take a certification examination, each applicant for admission or certification examination shall meet the following requirements:<subsection number="53-6-203(1)(a)">be:<subsection number="53-6-203(1)(a)(i)">a United States citizen; </subsection><subsection number="53-6-203(1)(a)(ii)">a United States national; or</subsection><subsection number="53-6-203(1)(a)(iii)">a lawful permanent resident of the United States who:<subsection number="53-6-203(1)(a)(iii)(A)">has been in the United States legally for the five years immediately before the day on which the application is made; and</subsection><subsection number="53-6-203(1)(a)(iii)(B)">has legal authorization to work in the United States;</subsection></subsection></subsection><subsection number="53-6-203(1)(b)">be at least:<subsection number="53-6-203(1)(b)(i)">19 years old at the time of certification as a special function officer or correctional officer; or</subsection><subsection number="53-6-203(1)(b)(ii)">21 years old at the time of certification as a law enforcement officer;</subsection></subsection><subsection number="53-6-203(1)(c)">be a high school graduate or furnish evidence of successful completion of an examination indicating an equivalent achievement;</subsection><subsection number="53-6-203(1)(d)">have not been convicted of a crime for which the applicant could have been punished by imprisonment in a federal penitentiary or by imprisonment in the penitentiary of this or another state;</subsection><subsection number="53-6-203(1)(e)">have demonstrated good moral character, as determined by a background investigation;</subsection><subsection number="53-6-203(1)(f)">be free of any physical, emotional, or mental condition that might adversely affect the performance of the applicant's duties as a peace officer; and</subsection><subsection number="53-6-203(1)(g)">meet all other standards required by POST.</subsection></subsection><subsection number="53-6-203(2)"><subsection number="53-6-203(2)(a)">An application for admission to a training program shall be accompanied by a criminal history background check of local, state, and national criminal history files and a background investigation.</subsection><subsection number="53-6-203(2)(b)">The costs of the background check and investigation shall be borne by the applicant or the applicant's employing agency.</subsection></subsection><subsection number="53-6-203(3)"><subsection number="53-6-203(3)(a)">Notwithstanding any expungement statute or rule of any other jurisdiction, any conviction obtained in this state or other jurisdiction, including a conviction that has been expunged, dismissed, or treated in a similar manner to either of these procedures, may be considered for purposes of this section.</subsection><subsection number="53-6-203(3)(b)">This provision applies to convictions entered both before and after the effective date of this section.</subsection></subsection><subsection number="53-6-203(4)">Any background check or background investigation performed under the requirements of this section shall be to determine eligibility for admission to training programs or qualification for certification examinations and may not be used as a replacement for any background investigations that may be required of an employing agency.</subsection><subsection number="53-6-203(5)">An applicant shall be considered to be of good moral character under Subsection (1)(e) if the applicant has not engaged in conduct that would be a violation of Subsection <xref depth="4" refnumber="53-6-211(1)">53-6-211(1)</xref>.</subsection><subsection number="53-6-203(6)">An applicant seeking certification as a law enforcement officer, as defined in Section <xref depth="3" refnumber="53-13-103">53-13-103</xref>, shall be qualified to possess a firearm under state and federal law.</subsection></section><section number="53-6-204"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Time of application for admission to training program.</catchline><tab/>At the time a person is employed or appointed as a peace officer, the chief executive officer of the agency employing or appointing shall submit to a certified academy an application together with the required background information required under Section <xref depth="3" refid="C53-6-S203_1800010118000101" refnumber="53-6-203" start="0">53-6-203</xref>. </section><section number="53-6-205"><histories><history>Amended by Chapter <modchap sess="2011GS">58</modchap>, 2011 General Session</history><modyear>2011</modyear></histories><catchline>Completion of training course required -- Persons affected.</catchline><subsection number="53-6-205(1)"><subsection number="53-6-205(1)(a)"> Except as provided in Subsection <xref depth="4" refid="C53-6-S205_1800010118000101" refnumber="53-6-205(2)" start="0">(2)</xref>, before a person may be certified as a peace officer in Utah the person shall:<subsection number="53-6-205(1)(a)(i)"> successfully complete the basic training course at a certified academy;</subsection><subsection number="53-6-205(1)(a)(ii)"> pass the certification examination; and</subsection><subsection number="53-6-205(1)(a)(iii)"> pass a physical fitness test.</subsection></subsection><subsection number="53-6-205(1)(b)"> A person may not exercise peace officer authority until certified.</subsection></subsection><subsection number="53-6-205(2)"> Subsection <xref depth="4" refid="C53-6-S205_1800010118000101" refnumber="53-6-205(1)" start="0">(1)</xref> applies only to persons not previously certified and who receive their first employment appointment or election as a peace officer in Utah on or after January 1, 1985.</subsection></section><section number="53-6-206"><histories><history>Amended by Chapter <modchap sess="2012GS">296</modchap>, 2012 General Session</history><modyear>2012</modyear></histories><catchline>Waiver of training course requirement.</catchline><subsection number="53-6-206(1)"> The division may waive the required basic peace officer training course and certify an applicant who: <subsection number="53-6-206(1)(a)"> provides proof that the applicant meets the requirements under Section <xref depth="3" refid="C53-6-S203_1800010118000101" refnumber="53-6-203" start="0">53-6-203</xref> relating to qualifications for admission to the training course;</subsection><subsection number="53-6-206(1)(b)"> provides proof that the applicant has completed a basic peace officer training program that the division determines is equivalent to the course required for certification under this part;</subsection><subsection number="53-6-206(1)(c)"> passes the certification examination;</subsection><subsection number="53-6-206(1)(d)"> passes a physical fitness test; and</subsection><subsection number="53-6-206(1)(e)"> provides proof that within the previous four years the applicant either:<subsection number="53-6-206(1)(e)(i)"> completed the basic peace officer training program for which the applicant is seeking credit; or</subsection><subsection number="53-6-206(1)(e)(ii)"> was actively engaged in performing the duties of a peace officer.</subsection></subsection></subsection><subsection number="53-6-206(2)"> A waiver applicant may not exercise peace officer authority until all waiver process requirements have been met and the applicant has been certified.</subsection><subsection number="53-6-206(3)"> If an applicant fails the examination under Subsection <xref depth="4" refid="C53-6-S206_1800010118000101" refnumber="53-6-206(1)(c)" start="0">(1)(c)</xref>, the division may not waive the required basic peace officer training course and the applicant shall comply with all of the requirements in Subsection <xref depth="4" refid="C53-6-S205_1800010118000101" refnumber="53-6-205(1)" start="0">53-6-205(1)</xref> to be certified as a peace officer in Utah.</subsection></section><section number="53-6-207"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Municipalities may set higher minimum standards.</catchline><tab/>The minimum standards in this part concerning peace officer qualifications and training do not preclude counties, cities, or towns from establishing standards higher than the minimum standards contained in this part. </section><section number="53-6-208"><histories><history>Amended by Chapter <modchap sess="2014GS">246</modchap>, 2014 General Session</history><modyear>2014</modyear></histories><catchline>Inactive certificates -- Lapse of certificate -- Reinstatement.</catchline><subsection number="53-6-208(1)"><subsection number="53-6-208(1)(a)"> The certificate of a peace officer who has not been actively engaged in performing the duties as a certified and sworn peace officer for 18 consecutive months or more, but less than four consecutive years, is designated "inactive."</subsection><subsection number="53-6-208(1)(b)"> A peace officer whose certificate is inactive shall pass the certification examination and a physical fitness test before the certificate may be reissued or reinstated.</subsection></subsection><subsection number="53-6-208(2)"><subsection number="53-6-208(2)(a)"> The certificate of a peace officer who has not been actively engaged in performing the duties as a certified and sworn peace officer for four continuous years or more is designated as "lapsed."</subsection><subsection number="53-6-208(2)(b)"> A peace officer whose certificate is lapsed shall pass the basic training course at a certified academy, the certification examination, and a physical fitness test before the certificate may be reissued or reinstated.</subsection></subsection></section><section number="53-6-209"><histories><history>Amended by Chapter <modchap sess="2025S1">9</modchap>, 2025 Special Session 1</history><modyear>2025</modyear></histories><catchline>Termination of employment -- Change of status form.</catchline><subsection number="53-6-209(1)">When a peace officer's employment terminates, the employing agency shall submit a change of status form noting the termination of the peace officer to the division.</subsection><subsection number="53-6-209(2)">The change of status form shall:<subsection number="53-6-209(2)(a)">be completed and submitted within 30 days after the day on which the peace officer's employment terminates;</subsection><subsection number="53-6-209(2)(b)">identify the circumstances of the peace officer's status change by indicating that the peace officer has resigned, retired, terminated, transferred, is deceased, or that the peace officer's name has changed;</subsection><subsection number="53-6-209(2)(c)">indicate the effective date of action; and</subsection><subsection number="53-6-209(2)(d)">indicate the name of the new employer, if the status change is due to a transfer.</subsection></subsection><subsection number="53-6-209(3)">If a peace officer's employment terminates during an open internal investigation regarding that peace officer and involving an alleged violation of Subsection <xref depth="4" refnumber="53-6-211(1)" start="0">53-6-211(1)</xref>, the employing agency shall:<subsection number="53-6-209(3)(a)">notify the division of the investigation in accordance with Subsection <xref depth="4" refnumber="53-6-211(6)" start="0">53-6-211(6)</xref> within 30 days after the day on which the peace officer's employment terminates; and</subsection><subsection number="53-6-209(3)(b)">provide a reasonable estimated date of completion for the investigation.</subsection></subsection><subsection number="53-6-209(4)"><subsection number="53-6-209(4)(a)">If an employing agency receives credible allegations and opens an internal investigation within two years after the day on which a peace officer's employment terminates, the employing agency shall:<subsection number="53-6-209(4)(a)(i)">notify the division within 30 days after the day on which the employing agency opens the investigation; and</subsection><subsection number="53-6-209(4)(a)(ii)">provide a reasonable estimated date of completion for the investigation.</subsection></subsection><subsection number="53-6-209(4)(b)">If the allegations described in Subsection <xref depth="4" refnumber="53-6-209(4)(a)" start="0">(4)(a)</xref> involve alleged violations of Subsection <xref depth="4" refnumber="53-6-211(1)" start="0">53-6-211(1)</xref>, the agency shall report the allegations to the division in accordance with Subsection <xref depth="4" refnumber="53-6-211(6)" start="0">53-6-211(6)</xref>, regardless of whether the employing agency opens an internal investigation.</subsection></subsection><subsection number="53-6-209(5)"><subsection number="53-6-209(5)(a)">Any person or agency who intentionally falsifies, misrepresents, or fails to give notice of the change of status of a peace officer is liable to the division for any damages that the failure to make the notification causes.</subsection><subsection number="53-6-209(5)(b)">The division shall provide the change of status form described in this section to the Utah Board of Higher Education within 30 days after the day on which the division receives a notice of termination if the relevant peace officer has received a Karen Mayne Public Safety Officer Scholarship as described in Section <xref depth="3" refnumber="53H-11-403">53H-11-403</xref>.</subsection></subsection></section><section number="53-6-210"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Investigations and certification hearings -- Powers of division -- Violation.</catchline><subsection number="53-6-210(1)"> For investigations by the division and for certification hearings or other testimony before the council, the division may administer oaths and affirmations, subpoena witnesses, take evidence, and require by subpoena duces tecum the production of relevant papers, records, or other documents or information, whether filed or kept in original form, or electronically stored or recorded.</subsection><subsection number="53-6-210(2)"> A person who willfully disobeys a properly served subpoena issued by the division is guilty of a class B misdemeanor.</subsection></section><section number="53-6-210.5"><histories><history>Enacted by Chapter <modchap sess="2022GS">182</modchap>, 2022 General Session</history><modyear>2022</modyear></histories><catchline>Duty to intervene or report officer misconduct.</catchline><subsection number="53-6-210.5(1)"> As used in this section: <subsection number="53-6-210.5(1)(a)"> "Adverse action" means to discharge, threaten, or discriminate against an employee in a manner that affects the employee's employment, including compensation, terms, conditions, location, rights, immunities, promotions, or privileges.</subsection><subsection number="53-6-210.5(1)(b)"> "Law enforcement agency" means an agency that is part of or administered by the state or any of the state's political subdivisions and whose primary and principal role is the prevention and detection of crime and the enforcement of criminal statutes or ordinances of this state or any of the state's political subdivisions.</subsection><subsection number="53-6-210.5(1)(c)"> "Officer" means the same as peace officer as defined in Section <xref depth="3" refnumber="53-13-102" start="0">53-13-102</xref>.</subsection><subsection number="53-6-210.5(1)(d)"> "Police misconduct" means conduct by an officer in the course of the officer's official duties that constitutes:<subsection number="53-6-210.5(1)(d)(i)"> force that is clearly excessive in type or duration, clearly beyond what is objectively reasonable under the circumstances, or clearly not subject to legal justification under <xref depth="2" refnumber="76-2-4" start="0">Title 76, Chapter 2, Part 4, Justification Excluding Criminal Responsibility</xref>;</subsection><subsection number="53-6-210.5(1)(d)(ii)"> a search or seizure without a warrant where it is clear, under the circumstances, that the search or seizure would not fit within an exception to the warrant requirement; or</subsection><subsection number="53-6-210.5(1)(d)(iii)"> conduct that an objectively reasonable person would consider biased or discriminatory conduct against one or more individuals based on race, color, sex, pregnancy, age, religion, national origin, disability, sexual orientation, or gender identity.</subsection></subsection><subsection number="53-6-210.5(1)(e)"><subsection number="53-6-210.5(1)(e)(i)"> "Retaliatory action" means any adverse action, formal or informal, taken by a law enforcement agency or any of the law enforcement agency's employees, or by any individual with authority to oversee or direct a law enforcement agency, solely as a result of a law enforcement officer's or law enforcement agency employee's good faith actions in conformance with this section.</subsection><subsection number="53-6-210.5(1)(e)(ii)"> "Retaliatory action" does not mean education, training, or administrative discussion requested or required by a law enforcement agency or any of the law enforcement agency's employees, or by any individual with authority to oversee or direct a law enforcement agency, following or in connection with a law enforcement officer's or law enforcement agency employee's good faith actions taken in conformance with this section.</subsection></subsection></subsection><subsection number="53-6-210.5(2)"><subsection number="53-6-210.5(2)(a)"> Notwithstanding any provisions of law to the contrary, an officer who is present and knowingly observes another officer engage in police misconduct as described in Subsection <xref depth="4" refnumber="53-6-210.5(1)(d)(i)" start="0">(1)(d)(i)</xref> or <xref depth="4" refnumber="53-6-210.5(1)(d)(ii)" start="0">(ii)</xref> shall, if in a position to do so safely and without unreasonable risk to the safety of the officer or another individual, intervene to prevent the misconduct from continuing to occur.</subsection><subsection number="53-6-210.5(2)(b)"> An officer who in good faith intervenes to prevent police misconduct from continuing to occur under Subsection <xref depth="4" refnumber="53-6-210.5(2)(a)" start="0">(2)(a)</xref> is not liable in any civil or criminal action that might otherwise result due solely to the intervening officer's actions.</subsection><subsection number="53-6-210.5(2)(c)"> Notwithstanding Subsection <xref depth="4" refnumber="53-6-210.5(2)(b)" start="0">(2)(b)</xref>, an officer is not immune from otherwise lawful disciplinary action undertaken by the officer's employing agency in connection with the incident so long as the disciplinary action is not undertaken due solely to the officer's good faith decision to intervene.</subsection></subsection><subsection number="53-6-210.5(3)"><subsection number="53-6-210.5(3)(a)"><subsection number="53-6-210.5(3)(a)(i)"> When a law enforcement agency employee is present and knowingly observes an officer engage in police misconduct as described in Subsection <xref depth="4" refnumber="53-6-210.5(1)" start="0">(1)</xref>, the observing employee shall promptly report the misconduct and, if the observing employee is an officer, the observing officer's intervention, if any, to the employee's direct supervisor, the chief executive of the employee's employing law enforcement agency, or the chief executive's designee for internal affairs.</subsection><subsection number="53-6-210.5(3)(a)(ii)"> Notwithstanding Subsection <xref depth="4" refnumber="53-6-210.5(3)(a)(i)" start="0">(3)(a)(i)</xref>, if the police misconduct to be reported by the observing employee directly involves the chief executive of the employee's employing law enforcement agency, or the chief executive's designee for internal affairs, the observing employee may report the misconduct to: <subsection number="53-6-210.5(3)(a)(ii)(A)"> the city attorney's office, if the observing employee works for a municipal law enforcement agency;</subsection><subsection number="53-6-210.5(3)(a)(ii)(B)"> the county attorney's office, if the observing employee works for a county law enforcement agency; or</subsection><subsection number="53-6-210.5(3)(a)(ii)(C)"> the attorney general, if the observing employee works for a state law enforcement agency.</subsection></subsection></subsection><subsection number="53-6-210.5(3)(b)"> If the police misconduct reported under Subsection <xref depth="4" refnumber="53-6-210.5(3)(a)" start="0">(3)(a)</xref> involves an officer from a law enforcement agency other than the reporting employee's employing agency, the chief executive of the reporting employee's employing agency shall promptly notify and communicate the report to the chief executive of the law enforcement agency whose officer's conduct is the subject of the report.</subsection><subsection number="53-6-210.5(3)(c)"> A law enforcement agency employee who in good faith reports police misconduct under Subsection <xref depth="4" refnumber="53-6-210.5(3)(a)" start="0">(3)(a)</xref> is not liable in any civil or criminal action that might otherwise result due solely to the reporting employee's actions.</subsection><subsection number="53-6-210.5(3)(d)"> Notwithstanding Subsection <xref depth="4" refnumber="53-6-210.5(3)(c)" start="0">(3)(c)</xref>, a law enforcement agency employee is not immune from otherwise lawful disciplinary action undertaken by the employee's employing agency in connection with the incident so long as the disciplinary action is not undertaken due solely to the employee's good faith report of police misconduct.</subsection><subsection number="53-6-210.5(3)(e)"> A law enforcement agency employee's failure to comply with Subsection <xref depth="4" refnumber="53-6-210.5(3)(a)" start="0">(3)(a)</xref> may be cause for discipline in accordance with the policies and procedures of the employee's employing agency.</subsection></subsection><subsection number="53-6-210.5(4)"><subsection number="53-6-210.5(4)(a)"> A law enforcement agency may not take retaliatory action against a law enforcement agency employee due solely to an employee's good faith action under Subsection <xref depth="4" refnumber="53-6-210.5(2)(a)" start="0">(2)(a)</xref> or <xref depth="4" refnumber="53-6-210.5(3)(a)" start="0">(3)(a)</xref> to prevent or report police misconduct.</subsection><subsection number="53-6-210.5(4)(b)"> Any retaliatory action by a law enforcement employee against another employee because that employee acted under Subsection <xref depth="4" refnumber="53-6-210.5(2)(a)" start="0">(2)(a)</xref> or <xref depth="4" refnumber="53-6-210.5(3)(a)" start="0">(3)(a)</xref> to prevent or report police misconduct shall be cause for discipline in accordance with the policies and procedures of the retaliating employee's employing agency.</subsection><subsection number="53-6-210.5(4)(c)"> An employee who complains that retaliatory action has occurred has the burden to prove that retaliatory action or conduct in violation of this section has occurred.</subsection></subsection><subsection number="53-6-210.5(5)"><subsection number="53-6-210.5(5)(a)"> Not later than July 1, 2022, each law enforcement agency in the state shall adopt written policies that conform with the minimum standards set forth in this section.</subsection><subsection number="53-6-210.5(5)(b)"> The threshold standards in this section do not preclude a law enforcement agency from adopting policies or establishing standards higher than the standards contained in this section.</subsection></subsection></section><section number="53-6-211"><histories><history>Amended by Chapter <modchap sess="2024GS">175</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Suspension or revocation of certification -- Right to a hearing -- Grounds -- Notice to employer -- Reporting -- Judicial appeal.</catchline><subsection number="53-6-211(1)">The council has the authority to issue a Letter of Caution, or suspend or revoke the certification of a peace officer, if the peace officer:<subsection number="53-6-211(1)(a)">willfully falsifies any information to obtain certification;</subsection><subsection number="53-6-211(1)(b)">has any physical or mental disability affecting the peace officer's ability to perform duties;</subsection><subsection number="53-6-211(1)(c)">engages in, or is convicted of, conduct constituting a state or federal criminal offense, but not including a traffic offense that is a class C misdemeanor or infraction;</subsection><subsection number="53-6-211(1)(d)">refuses to respond, or fails to respond truthfully, to questions after having been issued a warning issued based on Garrity v. New Jersey, 385 U.S. 493 (1967);</subsection><subsection number="53-6-211(1)(e)">engages in sexual conduct while on duty;</subsection><subsection number="53-6-211(1)(f)">is certified as a law enforcement peace officer, as defined in Section <xref depth="3" refnumber="53-13-102">53-13-102</xref>, and is unable to possess a firearm under state or federal law;</subsection><subsection number="53-6-211(1)(g)">is found by a court or by a law enforcement agency to have knowingly engaged in conduct that involves dishonesty or deception in violation of a policy of the peace officer's employer or in violation of a state or federal law;</subsection><subsection number="53-6-211(1)(h)">is found by a court or by a law enforcement agency to have knowingly engaged in biased or prejudicial conduct against one or more individuals based on the individual's race, color, sex, pregnancy, age, religion, national origin, disability, sexual orientation, or gender identity; or</subsection><subsection number="53-6-211(1)(i)">is a chief, sheriff, or administrative officer of a law enforcement agency and fails to comply with Subsection (6).</subsection></subsection><subsection number="53-6-211(2)">The council may not issue a Letter of Caution or suspend or revoke the certification of a peace officer for a violation of state or federal law or a violation of a law enforcement agency's policies, general orders, or guidelines of operation that do not amount to a cause of action under Subsection (1).</subsection><subsection number="53-6-211(3)"><subsection number="53-6-211(3)(a)">The division is responsible for investigating officers who are alleged to have engaged in conduct in violation of Subsection (1).</subsection><subsection number="53-6-211(3)(b)">The division shall initiate all adjudicative proceedings under this section by providing to the peace officer involved notice and an opportunity for a hearing before an administrative law judge.</subsection><subsection number="53-6-211(3)(c)">All adjudicative proceedings under this section are civil actions, notwithstanding whether the issue in the adjudicative proceeding is a violation of statute that may be prosecuted criminally.</subsection><subsection number="53-6-211(3)(d)"><subsection number="53-6-211(3)(d)(i)">The burden of proof on the division in an adjudicative proceeding under this section is by clear and convincing evidence.</subsection><subsection number="53-6-211(3)(d)(ii)">If a peace officer asserts an affirmative defense, the peace officer has the burden of proof to establish the affirmative defense by a preponderance of the evidence.</subsection></subsection><subsection number="53-6-211(3)(e)">If the administrative law judge issues findings of fact and conclusions of law stating there is sufficient evidence to demonstrate that the officer engaged in conduct that is in violation of Subsection (1), the division shall present the finding and conclusions issued by the administrative law judge to the council.</subsection><subsection number="53-6-211(3)(f)">The division shall notify the chief, sheriff, or administrative officer of the police agency which employs the involved peace officer of the investigation and shall provide any information or comments concerning the peace officer received from that agency regarding the peace officer to the council before a Letter of Caution is issued, or a peace officer's certification may be suspended or revoked.</subsection><subsection number="53-6-211(3)(g)">If the administrative law judge finds that there is insufficient evidence to demonstrate that the officer is in violation of Subsection (1), the administrative law judge shall dismiss the adjudicative proceeding.</subsection></subsection><subsection number="53-6-211(4)"><subsection number="53-6-211(4)(a)">The council shall:<subsection number="53-6-211(4)(a)(i)">accept the administrative law judge's findings of fact and conclusions of law, and the information concerning the peace officer provided by the officer's employing agency; and</subsection><subsection number="53-6-211(4)(a)(ii)">choose whether to issue a Letter of Caution, or suspend or revoke the officer's certification.</subsection></subsection><subsection number="53-6-211(4)(b)">Before making a decision, the council may consider aggravating and mitigating circumstances.</subsection><subsection number="53-6-211(4)(c)">A member of the council shall recuse him or herself from consideration of an issue that is before the council if the council member:<subsection number="53-6-211(4)(c)(i)">has a personal bias for or against the officer;</subsection><subsection number="53-6-211(4)(c)(ii)">has a substantial pecuniary interest in the outcome of the proceeding and may gain or lose some benefit from the outcome; or</subsection><subsection number="53-6-211(4)(c)(iii)">employs, supervises, or works for the same law enforcement agency as the officer whose case is before the council.</subsection></subsection></subsection><subsection number="53-6-211(5)"><subsection number="53-6-211(5)(a)">Termination of a peace officer, whether voluntary or involuntary, does not preclude suspension or revocation of a peace officer's certification by the council if the peace officer was terminated for any of the reasons under Subsection (1).</subsection><subsection number="53-6-211(5)(b)">Employment by another agency, or reinstatement of a peace officer by the original employing agency after termination by that agency, whether the termination was voluntary or involuntary, does not preclude suspension or revocation of a peace officer's certification by the council if the peace officer was terminated for any of the reasons under Subsection (1).</subsection></subsection><subsection number="53-6-211(6)"><subsection number="53-6-211(6)(a)">A chief, sheriff, or administrative officer of a law enforcement agency who is made aware of an allegation against a peace officer employed by that agency that involves conduct in violation of Subsections (1)(a) through (h) shall conduct an administrative or internal investigation into the allegation and report the findings of the investigation to the division if the allegation is substantiated.</subsection><subsection number="53-6-211(6)(b)">If a peace officer who is the subject of an internal or administrative investigation into allegations that include any of the conditions or circumstances outlined in Subsections (1)(a) through (h) resigns, retires, or otherwise separates from the investigating law enforcement agency before the conclusion of the investigation, the chief, sheriff, or administrative officer of that law enforcement agency shall complete the investigation and report the findings to the division.</subsection></subsection><subsection number="53-6-211(7)">The council's issuance of a Letter of Caution, or suspension or revocation of an officer's certification under Subsection (4) may be appealed under Title 63G, Chapter 4, Part 4, Judicial Review.</subsection></section><section number="53-6-211.5"><histories><history>Amended by Chapter <modchap sess="2014GS">246</modchap>, 2014 General Session</history><modyear>2014</modyear></histories><catchline>Voluntary relinquishment of peace officer certification.</catchline><subsection number="53-6-211.5(1)"> A peace officer may voluntarily relinquish the peace officer's certification to the division at any time when a disciplinary issue regarding the peace officer has been referred to the division.</subsection><subsection number="53-6-211.5(2)"><subsection number="53-6-211.5(2)(a)"> A peace officer who voluntarily relinquishes certification under this section may not subsequently be certified as a peace officer in this state.</subsection><subsection number="53-6-211.5(2)(b)"> This section does not apply to a peace officer whose certification has become inactive or has lapsed as provided in Section <xref depth="3" refnumber="53-6-208" start="0">53-6-208</xref>.</subsection></subsection></section><section number="53-6-212"><histories><history>Amended by Chapter <modchap sess="1999GS">92</modchap>, 1999 General Session</history><modyear>1999</modyear></histories><catchline>Responsibility for training -- Certification.</catchline><subsection number="53-6-212(1)"> The division is not responsible for providing basic or in-service training for peace officers defined and designated in Sections <xref depth="3" refid="C53-13-S104_1800010118000101" refnumber="53-13-104" start="0">53-13-104</xref> through <xref depth="3" refid="C53-13-S106_1800010118000101" refnumber="53-13-106" start="0">53-13-106</xref> except for approval of the instructors and content of training where required by this chapter, <xref depth="1" refid="C53-13_1800010118000101" refnumber="53-13" start="0">Title 53, Chapter 13, Peace Officer Classifications</xref>, or division rules.</subsection><subsection number="53-6-212(2)"> Where this chapter or <xref depth="1" refid="" refnumber="53-13" start="0">Title 53, Chapter 13, Peace Officer Classifications</xref>, requires an agency head to certify that a member has completed required training, the division shall rely on the certification, as provided, to be accurate.</subsection></section><section number="53-6-213"><histories><history>Amended by Chapter <modchap sess="2026GS">291</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Appropriations from compensation fund.</catchline><subsection number="53-6-213(1)">The Legislature shall appropriate from the Crime Victim Compensation Fund established in Section <xref depth="3" refnumber="75E-5-302">75E-5-302</xref>, to the division, funds for training of law enforcement officers in the state.</subsection><subsection number="53-6-213(2)">The department shall make an annual report to the Legislature, which includes the amount received during the previous fiscal year.</subsection></section></part><part number="53-6-3"><catchline>Dispatcher Training and Certification Act</catchline><section number="53-6-301"><histories><history>Enacted by Chapter <modchap sess="1995GS">134</modchap>, 1995 General Session</history><modyear>1995</modyear></histories><catchline>Title.</catchline><tab/>This part is known as the "Dispatcher Training and Certification Act." </section><section number="53-6-302"><histories><history>Amended by Chapter <modchap sess="2024GS">175</modchap>, 2024 General Session</history><modyear>2024</modyear><history>Amended by Chapter <modchap sess="2024GS">194</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Applicants for certification examination -- Requirements.</catchline><subsection number="53-6-302(1)">Before being allowed to take a dispatcher certification examination, each applicant shall meet the following requirements:<subsection number="53-6-302(1)(a)">be:<subsection number="53-6-302(1)(a)(i)">a United States citizen;</subsection><subsection number="53-6-302(1)(a)(ii)">a United States national; or</subsection><subsection number="53-6-302(1)(a)(iii)">a lawful permanent resident of the United States who:<subsection number="53-6-302(1)(a)(iii)(A)">has been in the United States legally for the five years immediately before the day on which the application is made; and</subsection><subsection number="53-6-302(1)(a)(iii)(B)">has legal authorization to work in the United States;</subsection></subsection></subsection><subsection number="53-6-302(1)(b)">be 18 years old or older at the time of employment as a dispatcher;</subsection><subsection number="53-6-302(1)(c)">be a high school graduate or have a G.E.D. equivalent;</subsection><subsection number="53-6-302(1)(d)">have not been convicted of a crime for which the applicant could have been punished by imprisonment in a federal penitentiary or by imprisonment in the penitentiary of this or another state;</subsection><subsection number="53-6-302(1)(e)">have demonstrated good moral character, as determined by a background investigation;</subsection><subsection number="53-6-302(1)(f)">be free of any physical, emotional, or mental condition that might adversely affect the performance of the applicant's duty as a dispatcher; and</subsection><subsection number="53-6-302(1)(g)">meet all other standards required by POST.</subsection></subsection><subsection number="53-6-302(2)"><subsection number="53-6-302(2)(a)">An application for certification shall be accompanied by a criminal history background check of local, state, and national criminal history files and a background investigation.</subsection><subsection number="53-6-302(2)(b)">The costs of the background check and investigation shall be borne by the applicant or the applicant's employing agency.</subsection></subsection><subsection number="53-6-302(3)"><subsection number="53-6-302(3)(a)">Notwithstanding Title 77, Chapter 40a, Expungement of Criminal Records, regarding expungements, or a similar statute or rule of any other jurisdiction, any conviction obtained in this state or other jurisdiction, including a conviction that has been expunged, dismissed, or treated in a similar manner to either of these procedures, may be considered for purposes of this section.</subsection><subsection number="53-6-302(3)(b)">Subsection (3)(a) applies to convictions entered both before and after May 1, 1995.</subsection></subsection><subsection number="53-6-302(4)">Any background check or background investigation performed under the requirements of this section shall be to determine eligibility for admission to training programs or qualification for certification examinations and may not be used as a replacement for any background investigations that may be required of an employing agency.</subsection><subsection number="53-6-302(5)">An applicant is considered to be of good moral character under Subsection (1)(e) if the applicant has not engaged in conduct that would be a violation of Subsection <xref depth="4" refnumber="53-6-309(1)">53-6-309(1)</xref>.</subsection></section><section number="53-6-303"><histories><history>Enacted by Chapter <modchap sess="1995GS">134</modchap>, 1995 General Session</history><modyear>1995</modyear></histories><catchline>Completion of certification examination required -- Persons affected.</catchline><subsection number="53-6-303(1)"> Except as provided in Subsection <xref depth="4" refid="C53-6-S303_1800010118000101" refnumber="53-6-303(2)" start="0">(2)</xref>, a person must successfully complete the basic dispatcher training course and pass the certification examination according to the requirements of this part before that person can be a certified dispatcher.</subsection><subsection number="53-6-303(2)"> Subsection <xref depth="4" refid="C53-6-S303_1800010118000101" refnumber="53-6-303(1)" start="0">(1)</xref> applies only to persons not previously certified and who receive their first employment as a dispatcher in this state on or after July 1, 1996.</subsection></section><section number="53-6-304"><histories><history>Amended by Chapter <modchap sess="2011GS">258</modchap>, 2011 General Session</history><modyear>2011</modyear></histories><catchline>Waiver of training course requirement.</catchline><subsection number="53-6-304(1)"> The director may waive the required basic dispatcher training course and certify an applicant who: <subsection number="53-6-304(1)(a)"> provides evidence that the applicant meets the requirements under Section <xref depth="3" refid="C53-6-S302_1800010118000101" refnumber="53-6-302" start="0">53-6-302</xref>, relating to qualifications for admission to the training course;</subsection><subsection number="53-6-304(1)(b)"> provides evidence that the applicant has completed a basic dispatcher training program that, in the director's judgment, is equivalent to the course required for certification under this part; and</subsection><subsection number="53-6-304(1)(c)"> passes the certification examination.</subsection></subsection><subsection number="53-6-304(2)"> An applicant who fails the examination under Subsection <xref depth="4" refid="C53-6-S304_1800010118000101" refnumber="53-6-304(1)(c)" start="0">(1)(c)</xref> shall complete the basic dispatcher training course and pass the certification examination to become certified.</subsection></section><section number="53-6-305"><histories><history>Enacted by Chapter <modchap sess="1995GS">134</modchap>, 1995 General Session</history><modyear>1995</modyear></histories><catchline>Local governments -- Option -- Higher minimum standards.</catchline><subsection number="53-6-305(1)"> Participation in dispatcher training and certification under this part is at the option of the legislative body of each county or municipality that employs dispatchers.</subsection><subsection number="53-6-305(2)"> The minimum standards in this part concerning dispatcher qualifications and training do not preclude counties or municipalities from establishing standards higher than the minimum standards contained in this part.</subsection></section><section number="53-6-306"><histories><history>Amended by Chapter <modchap sess="2011GS">258</modchap>, 2011 General Session</history><modyear>2011</modyear></histories><catchline>Inactive and lapsed certificates -- Reissuance or reinstatement -- Annual training requirement.</catchline><subsection number="53-6-306(1)"><subsection number="53-6-306(1)(a)"> The certificate of a dispatcher who has not been actively engaged in performing the duties of a dispatcher for 18 consecutive months or more is designated "inactive."</subsection><subsection number="53-6-306(1)(b)"> A dispatcher whose certificate is inactive shall pass the certification examination before the certificate may be reissued or reinstated.</subsection></subsection><subsection number="53-6-306(2)"><subsection number="53-6-306(2)(a)"> The certificate of a dispatcher who has not been actively engaged in performing the duties of a dispatcher for four continuous years shall be designated "lapsed."</subsection><subsection number="53-6-306(2)(b)"> A dispatcher whose certificate has lapsed shall successfully complete the basic training course and pass the certification examination before the certificate may be reissued or reinstated.</subsection></subsection><subsection number="53-6-306(3)"><subsection number="53-6-306(3)(a)"> A certified dispatcher shall complete annual training approved by the director of 20 hours or more.</subsection><subsection number="53-6-306(3)(b)"> If a dispatcher fails to satisfactorily complete the annual training, the dispatcher's certificate shall be suspended until any deficiency in the annual training is remedied.</subsection></subsection></section><section number="53-6-307"><histories><history>Enacted by Chapter <modchap sess="1995GS">134</modchap>, 1995 General Session</history><modyear>1995</modyear></histories><catchline>Termination of employment -- Change of status form.</catchline><subsection number="53-6-307(1)"> When a certified dispatcher's employment terminates or a certified dispatcher's status changes, the employing agency shall submit a change of status form noting the termination of the certified dispatcher to the division.</subsection><subsection number="53-6-307(2)"> The change of status form shall: <subsection number="53-6-307(2)(a)"> be completed and submitted within 30 days of the certified dispatcher's termination date;</subsection><subsection number="53-6-307(2)(b)"> identify the circumstances of the certified dispatcher's status change by indicating that the certified dispatcher has resigned, retired, terminated, transferred, deceased, or that the certified dispatcher's name has changed;</subsection><subsection number="53-6-307(2)(c)"> indicate the effective date of action; and</subsection><subsection number="53-6-307(2)(d)"> indicate the name of the new employer, if the status change is due to a transfer.</subsection></subsection><subsection number="53-6-307(3)"> Any person or agency who intentionally falsifies, misrepresents, or fails to give notice of the change of status of a certified dispatcher is liable to the division for any damages that may be sustained by the failure to make the notification.</subsection></section><section number="53-6-308"><histories><history>Enacted by Chapter <modchap sess="1995GS">134</modchap>, 1995 General Session</history><modyear>1995</modyear></histories><catchline>Investigations and certification hearings -- Powers of division -- Violation.</catchline><subsection number="53-6-308(1)"> For investigations by the division and for certification hearings or other testimony before the council, the division may administer oaths and affirmations, subpoena witnesses, take evidence, and require by subpoena duces tecum the production of relevant papers, records, or other documents or information, whether filed or kept in original form, or electronically stored or recorded.</subsection><subsection number="53-6-308(2)"> A person who willfully disobeys a properly served subpoena issued by the division is guilty of a class B misdemeanor.</subsection></section><section number="53-6-309"><histories><history>Amended by Chapter <modchap sess="2024GS">175</modchap>, 2024 General Session</history><modyear>2024</modyear><history>Amended by Chapter <modchap sess="2024GS">191</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Suspension or revocation of certification -- Right to a hearing -- Grounds -- Notice to employer -- Reporting.</catchline><subsection number="53-6-309(1)">The council has the authority to issue a Letter of Caution, or suspend or revoke the certification of a dispatcher, if the dispatcher:<subsection number="53-6-309(1)(a)">willfully falsifies any information to obtain certification;</subsection><subsection number="53-6-309(1)(b)">has any physical or mental disability affecting the dispatcher's ability to perform duties;</subsection><subsection number="53-6-309(1)(c)">engages in, or is convicted of, conduct constituting a state or federal criminal offense, but not including a traffic offense that is a class C misdemeanor or infraction;</subsection><subsection number="53-6-309(1)(d)">refuses to respond, or fails to respond truthfully, to questions after having been issued a warning based on Garrity v. New Jersey, 385 U.S. 493 (1967); or</subsection><subsection number="53-6-309(1)(e)">engages in sexual conduct while on duty.</subsection></subsection><subsection number="53-6-309(2)">The council may not issue a Letter of Caution, or suspend or revoke the certification of a dispatcher for a violation of the employing agency's policies, general orders, or guidelines of operation that do not amount to a cause of action under Subsection (1).</subsection><subsection number="53-6-309(3)"><subsection number="53-6-309(3)(a)">The division is responsible for investigating dispatchers who are alleged to have engaged in conduct in violation of Subsection (1).</subsection><subsection number="53-6-309(3)(b)">The division shall initiate all adjudicative proceedings under this section by providing to the dispatcher involved notice and an opportunity for a hearing before an administrative law judge.</subsection><subsection number="53-6-309(3)(c)">All adjudicative proceedings under this section are civil actions, notwithstanding whether the issue in the adjudicative proceeding is a violation of statute that may be prosecuted criminally.</subsection><subsection number="53-6-309(3)(d)"><subsection number="53-6-309(3)(d)(i)">The burden of proof on the division in an adjudicative proceeding under this section is by clear and convincing evidence.</subsection><subsection number="53-6-309(3)(d)(ii)">If a dispatcher asserts an affirmative defense, the dispatcher has the burden of proof to establish the affirmative defense by a preponderance of the evidence.</subsection></subsection><subsection number="53-6-309(3)(e)">If the administrative law judge issues findings of fact and conclusions of law stating there is sufficient evidence to demonstrate that the dispatcher engaged in conduct that is in violation of Subsection (1), the division shall present the findings and conclusions issued by the administrative law judge to the council.</subsection><subsection number="53-6-309(3)(f)">The division shall notify the agency that employs the involved dispatcher of the investigation and shall provide any information or comments concerning the dispatcher received from that agency regarding the dispatcher to the council before a Letter of Caution is issued, or a dispatcher's certification may be suspended or revoked.</subsection><subsection number="53-6-309(3)(g)">If the administrative law judge finds that there is insufficient evidence to demonstrate that the dispatcher is in violation of Subsection (1), the administrative law judge shall dismiss the adjudicative proceeding.</subsection></subsection><subsection number="53-6-309(4)"><subsection number="53-6-309(4)(a)">The council shall:<subsection number="53-6-309(4)(a)(i)">accept the administrative law judge's findings of fact and conclusions of law and the information concerning the dispatcher provided by the dispatcher's employing agency; and </subsection><subsection number="53-6-309(4)(a)(ii)">choose whether to issue a Letter of Caution, or suspend or revoke the dispatcher's certification.</subsection></subsection><subsection number="53-6-309(4)(b)">Before making a decision, the council may consider aggravating and mitigating circumstances.</subsection><subsection number="53-6-309(4)(c)">A council member shall recuse himself or herself from consideration of an issue that is before the council if the council member:<subsection number="53-6-309(4)(c)(i)">has a personal bias for or against the dispatcher;</subsection><subsection number="53-6-309(4)(c)(ii)">has a substantial pecuniary interest in the outcome of the proceeding and may gain or lose some benefit from the outcome; or</subsection><subsection number="53-6-309(4)(c)(iii)">employs, supervises, or works for the same agency as the dispatcher whose case is before the council.</subsection></subsection></subsection><subsection number="53-6-309(5)"><subsection number="53-6-309(5)(a)">Termination of a dispatcher, whether voluntary or involuntary, does not preclude suspension or revocation of a dispatcher's certification by the council if the dispatcher was terminated for any of the reasons under Subsection (1).</subsection><subsection number="53-6-309(5)(b)">Employment by another agency, or reinstatement of a dispatcher by the original employing agency after termination by that agency, whether the termination was voluntary or involuntary, does not preclude suspension or revocation of a dispatcher's certification by the council if the dispatcher was terminated for any of the reasons under Subsection (1).</subsection></subsection><subsection number="53-6-309(6)"><subsection number="53-6-309(6)(a)">An agency that is made aware of an allegation against a dispatcher employed by that agency that involves conduct in violation of Subsection (1) shall investigate the allegation and report to the division if the allegation is found to be true.</subsection><subsection number="53-6-309(6)(b)">If a dispatcher who is the subject of an internal or administrative investigation into allegations that include any of the conditions or circumstances outlined in Subsection (1) resigns, retires, or otherwise separates from the investigating law enforcement agency before the conclusion of the investigation, the agency shall report the allegations and any investigation results to the division.</subsection></subsection><subsection number="53-6-309(7)">The council's issuance of a Letter of Caution, or suspension or revocation of an officer's certification under Subsection (4) may be appealed under Title 63G, Chapter 4, Part 4, Judicial Review.</subsection></section><section number="53-6-310"><histories><history>Enacted by Chapter <modchap sess="1995GS">134</modchap>, 1995 General Session</history><modyear>1995</modyear></histories><catchline>Responsibility for training -- Certification.</catchline><subsection number="53-6-310(1)"> The division is not responsible for providing basic or in-service training for certified dispatchers except for approval of the instructors and content of training where required by this chapter or division rules.</subsection><subsection number="53-6-310(2)"> Where this chapter requires an agency head to certify that a member has completed required training, the division shall rely on the certification, as provided, to be accurate.</subsection></section><section number="53-6-311"><histories><history>Enacted by Chapter <modchap sess="2011GS">258</modchap>, 2011 General Session</history><modyear>2011</modyear></histories><catchline>Voluntary relinquishment of dispatcher certification.</catchline><subsection number="53-6-311(1)"><subsection number="53-6-311(1)(a)"> A dispatcher may voluntarily relinquish the dispatcher's certification to the division at any time when a disciplinary issue regarding the dispatcher has been referred to the division.</subsection><subsection number="53-6-311(1)(b)"> A dispatcher who voluntarily relinquishes certification under this Subsection <xref depth="4" refid="C53-6-S311_1800010118000101" refnumber="53-6-311(1)" start="0">(1)</xref> may not subsequently be certified as a dispatcher in Utah.</subsection></subsection><subsection number="53-6-311(2)"> Subsection <xref depth="4" refid="C53-6-S311_1800010118000101" refnumber="53-6-311(1)" start="0">(1)</xref> does not apply to a dispatcher whose certification has become inactive as provided in Section <xref depth="3" refid="C53-6-S306_1800010118000101" refnumber="53-6-306" start="0">53-6-306</xref>.</subsection></section></part><part number="53-6-4"><catchline>Law Enforcement Canine Team Certification Act</catchline><section number="53-6-401"><histories><history>Enacted by Chapter <modchap sess="2021GS">201</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="53-6-401(1)"> "Council" means the Peace Officer Standards and Training Council created in Section <xref depth="3" refnumber="53-6-106" start="0">53-6-106</xref>.</subsection><subsection number="53-6-401(2)"> "Qualifying canine certifying entity" means an entity that certifies law enforcement canines and law enforcement canine handlers in accordance with the standards developed under Section <xref depth="3" refnumber="53-6-403" start="0">53-6-403</xref>.</subsection></section><section number="53-6-402"><histories><history>Enacted by Chapter <modchap sess="2021GS">201</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Law enforcement canine and handler certification.</catchline><subsection number="53-6-402(1)"> Each law enforcement canine in the state shall be initially certified and annually recertified by a qualifying canine certifying entity.</subsection><subsection number="53-6-402(2)"> Each law enforcement canine handler in the state shall be initially certified and annually recertified by a qualifying canine certifying entity.</subsection></section><section number="53-6-403"><histories><history>Enacted by Chapter <modchap sess="2021GS">201</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Canine and handler certification standards and criteria--Rules.</catchline><tab/>In accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, the council shall establish and maintain required standards for the training, certification, and recertification of:<subsection number="53-6-403(1)"> law enforcement canines; and</subsection><subsection number="53-6-403(2)"> law enforcement canine handlers.</subsection></section></part></chapter><chapter number="53-7"><catchline>Utah Fire Prevention and Safety Act</catchline><part number="53-7-1"><catchline>State Fire Marshal Division Administration</catchline><section number="53-7-101"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Short title.</catchline><tab/>This chapter is known as the "Utah Fire Prevention and Safety Act." </section><section number="53-7-102"><histories><history>Amended by Chapter <modchap sess="2011GS">14</modchap>, 2011 General Session</history><modyear>2011</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this chapter:<subsection number="53-7-102(1)"> "Board" means the Utah Fire Prevention Board created in Section <xref depth="3" refid="C53-7-S203_1800010118000101" refnumber="53-7-203" start="0">53-7-203</xref>, except as provided in <xref depth="2" refid="C53-7-P3_1800010118000101" refnumber="53-7-3" start="2">Part 3, Liquefied Petroleum Gas Act</xref>.</subsection><subsection number="53-7-102(2)"> "Director" means the state fire marshal appointed in accordance with Section <xref depth="3" refid="C53-7-S103_1800010118000101" refnumber="53-7-103" start="0">53-7-103</xref>.</subsection><subsection number="53-7-102(3)"> "Division" means the State Fire Marshal Division created in Section <xref depth="3" refid="C53-7-S103_1800010118000101" refnumber="53-7-103" start="0">53-7-103</xref>.</subsection><subsection number="53-7-102(4)"> "Fire officer" means: <subsection number="53-7-102(4)(a)"> the state fire marshal;</subsection><subsection number="53-7-102(4)(b)"> the state fire marshal's deputies or salaried assistants;</subsection><subsection number="53-7-102(4)(c)"> the fire chief or fire marshal of any county, city, or town fire department;</subsection><subsection number="53-7-102(4)(d)"> the fire officer of any fire district;</subsection><subsection number="53-7-102(4)(e)"> the fire officer of any special service district organized for fire protection purposes; and</subsection><subsection number="53-7-102(4)(f)"> authorized personnel of any of the persons specified in Subsections <xref depth="4" refid="C53-7-S102_1800010118000101" refnumber="53-7-102(4)(a)" start="0">(4)(a)</xref> through <xref depth="4" refid="C53-7-S102_1800010118000101" refnumber="53-7-102(4)(e)" start="0">(e)</xref>.</subsection></subsection><subsection number="53-7-102(5)"> "State fire code" means the code adopted under Section <xref depth="3" refid="C15A-1-S403_1800010118000101" refnumber="15A-1-403" start="0">15A-1-403</xref>.</subsection><subsection number="53-7-102(6)"> "State fire marshal" means the fire marshal appointed director by the commissioner under Section <xref depth="3" refid="C53-7-S103_1800010118000101" refnumber="53-7-103" start="0">53-7-103</xref>.</subsection></section><section number="53-7-103"><histories><history>Amended by Chapter <modchap sess="2021GS">345</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>State Fire Marshal Division -- Creation -- State fire marshal -- Appointment, qualifications, duties, and compensation.</catchline><subsection number="53-7-103(1)"> There is created within the department the State Fire Marshal Division.</subsection><subsection number="53-7-103(2)"><subsection number="53-7-103(2)(a)"> The director of the division is the state fire marshal, who shall be appointed by the commissioner upon the recommendation of the Utah Fire Prevention Board created in Section <xref depth="3" refnumber="53-7-203" start="0">53-7-203</xref> and with the approval of the governor.</subsection><subsection number="53-7-103(2)(b)"> The state fire marshal is the executive and administrative head of the division, and shall be qualified by experience and education to:<subsection number="53-7-103(2)(b)(i)"> enforce the state fire code;</subsection><subsection number="53-7-103(2)(b)(ii)"> enforce rules made under this chapter; and</subsection><subsection number="53-7-103(2)(b)(iii)"> perform the duties prescribed by the commissioner.</subsection></subsection></subsection><subsection number="53-7-103(3)"> The state fire marshal acts under the supervision and control of the commissioner and may be removed from the position at the will of the commissioner.</subsection><subsection number="53-7-103(4)"> The state fire marshal shall: <subsection number="53-7-103(4)(a)"> enforce the state fire code and rules made under this chapter in accordance with Section <xref depth="3" refnumber="53-7-104" start="0">53-7-104</xref>;</subsection><subsection number="53-7-103(4)(b)"> complete the duties assigned by the commissioner;</subsection><subsection number="53-7-103(4)(c)"> examine plans and specifications for school buildings, as required by Section <xref depth="3" refnumber="53E-3-706" start="0">53E-3-706</xref>;</subsection><subsection number="53-7-103(4)(d)"> approve criteria established by the state superintendent for building inspectors;</subsection><subsection number="53-7-103(4)(e)"> promote and support injury prevention public education programs; and</subsection><subsection number="53-7-103(4)(f)"> perform all other duties provided in this chapter.</subsection></subsection><subsection number="53-7-103(5)"> The state fire marshal shall receive compensation as provided by <xref depth="1" refnumber="63A-17" start="0">Title 63A, Chapter 17, Utah State Personnel Management Act</xref>.</subsection></section><section number="53-7-104"><histories><history>Amended by Chapter <modchap sess="2023GS">16</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Enforcement of state fire code and rules -- Division of authority and responsibility.</catchline><subsection number="53-7-104(1)"> The authority and responsibility for enforcing the state fire code and rules made under this chapter is divided as provided in this section.</subsection><subsection number="53-7-104(2)"> The fire officers of any city or county shall enforce the state fire code and rules of the state fire marshal in their respective areas.</subsection><subsection number="53-7-104(3)"> The state fire marshal may enforce the state fire code and rules in: <subsection number="53-7-104(3)(a)"> areas outside of corporate cities, fire protection districts, and other special districts or special service districts organized for fire protection purposes;</subsection><subsection number="53-7-104(3)(b)"> state-owned property, school district owned property, and privately owned property used for schools located within corporate cities and county fire protection districts, asylums, mental hospitals, hospitals, sanitariums, homes for the aged, residential health-care facilities, children's homes or institutions, or similar institutional type occupancy of any capacity; and</subsection><subsection number="53-7-104(3)(c)"> corporate cities, counties, fire protection districts, and special service districts organized for fire protection purposes upon receiving a request from the chief fire official or the local governing body.</subsection></subsection></section><section number="53-7-105"><histories><history>Amended by Chapter <modchap sess="2010GS">266</modchap>, 2010 General Session</history><modyear>2010</modyear></histories><catchline>State fire marshal, deputies, and investigators -- Status of law enforcement officers -- Inclusion in Public Safety Retirement -- Training.</catchline><subsection number="53-7-105(1)"> The state fire marshal, his deputies, and investigators, for the purpose of enforcing and investigating violations of fire related statutes and ordinances, have the status of law enforcement officers.</subsection><subsection number="53-7-105(2)"> Inclusion under <xref depth="1" refid="C49-14_1800010118000101" refnumber="49-14" start="0">Title 49, Chapter 14, Public Safety Contributory Retirement Act</xref>, <xref depth="1" refid="C49-15_1800010118000101" refnumber="49-15" start="0">Title 49, Chapter 15, Public Safety Noncontributory Retirement Act</xref>, or <xref depth="1" refid="C49-23_1800010118000101" refnumber="49-23" start="0">Title 49, Chapter 23, New Public Safety and Firefighter Tier II Contributory Retirement Act</xref>, is not authorized by Subsection <xref depth="4" refid="C53-7-S105_1800010118000101" refnumber="53-7-105(1)" start="0">(1)</xref> except as provided in those chapters.</subsection><subsection number="53-7-105(3)"> The commissioner, with the concurrence of the Peace Officer Standards and Training Advisory Board may require peace officer standards and training for the state fire marshal, his deputies, and investigators.</subsection></section><section number="53-7-107"><histories><history>Amended by Chapter <modchap sess="2006GS">21</modchap>, 2006 General Session</history><modyear>2006</modyear></histories><catchline>Electronic writing.</catchline><subsection number="53-7-107(1)"> Any writing required or permitted by this chapter may be filed or prepared in an electronic medium and by electronic transmission subject to the ability of the recipient to accept and process the electronic writing.</subsection><subsection number="53-7-107(2)"> Any writing required by this chapter to be signed that is in an electronic medium shall be signed by electronic signature in accordance with <xref depth="1" refid="" refnumber="46-4" start="0">Title 46, Chapter 4, Uniform Electronic Transactions Act</xref>.</subsection></section></part><part number="53-7-2"><catchline>Fire Prevention and Fireworks Act</catchline><section number="53-7-201"><histories><history>Enacted by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Short title.</catchline><tab/>This part is known as the "Fire Prevention and Fireworks Act." </section><section number="53-7-202"><histories><history>Amended by Chapter <modchap sess="2024GS">343</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="53-7-202(1)">"Agricultural and wildlife fireworks" means a division 1.4G dangerous explosive that:<subsection number="53-7-202(1)(a)">uses sound or light when deployed; and</subsection><subsection number="53-7-202(1)(b)">is designated to prevent crop damage or unwanted animals from entering a specified area.</subsection></subsection><subsection number="53-7-202(2)">"Commercial cooking appliance fire suppression system":<subsection number="53-7-202(2)(a)">means an automatic or manual fire protection system designed for commercial cooking appliances, exhaust hoods, and ducts; and</subsection><subsection number="53-7-202(2)(b)">includes a commercial kitchen exhaust system attached to a fire suppression system that is designed to remove smoke, soot, toxic gases, and grease-laden vapor resulting from cooking operations.</subsection></subsection><subsection number="53-7-202(3)"><subsection number="53-7-202(3)(a)">"Display fireworks" means large firework devices that consist of explosive materials that are intended for use in outdoor aerial fireworks displays to produce visible or audible effects by combustion, deflagration, or detonation.</subsection><subsection number="53-7-202(3)(b)">"Display fireworks" includes aerial shells, salutes, roman candles, flash shells, comets, mines, and other similar explosives.</subsection></subsection><subsection number="53-7-202(4)"><subsection number="53-7-202(4)(a)">"Display operator" means a person licensed under Section <xref depth="3" refnumber="53-7-223">53-7-223</xref> and who is responsible for site selection, setting up, permits, overseeing assistants and support personnel, and discharging display fireworks outdoors in situations where the audience maintains a specific distance separating it from the display fireworks being discharged.</subsection><subsection number="53-7-202(4)(b)">"Display operator" does not mean a fire department.</subsection></subsection><subsection number="53-7-202(5)">"Division 1.4G common state approved explosive" means a firework that:<subsection number="53-7-202(5)(a)">is purchased at retail for use by a consumer; and</subsection><subsection number="53-7-202(5)(b)">is not a division 1.4G dangerous explosive.</subsection></subsection><subsection number="53-7-202(6)"><subsection number="53-7-202(6)(a)">"Division 1.4G dangerous explosive" means a division 1.4G explosive that is:<subsection number="53-7-202(6)(a)(i)">a firecracker, cannon cracker, ground salute, M-80, cherry bomb, or other similar explosive;</subsection><subsection number="53-7-202(6)(a)(ii)"><subsection number="53-7-202(6)(a)(ii)(A)">a skyrocket;</subsection><subsection number="53-7-202(6)(a)(ii)(B)">a missile type rocket;</subsection><subsection number="53-7-202(6)(a)(ii)(C)">a single shot or reloadable aerial shell; or</subsection><subsection number="53-7-202(6)(a)(ii)(D)">a rocket similar to an item described in Subsection (6)(a)(ii)(A), (B), or (C), including an aerial salute, a flash shell, a comet, a mine, or a cake containing more than 500 grams of pyrotechnic composition; or</subsection></subsection><subsection number="53-7-202(6)(a)(iii)"><subsection number="53-7-202(6)(a)(iii)(A)">a bottle rocket;</subsection><subsection number="53-7-202(6)(a)(iii)(B)">a roman candle;</subsection><subsection number="53-7-202(6)(a)(iii)(C)">a rocket mounted on a wire or stick; or</subsection><subsection number="53-7-202(6)(a)(iii)(D)">a device containing a rocket described in this Subsection (6)(a)(iii).</subsection></subsection></subsection><subsection number="53-7-202(6)(b)">"Division 1.4G dangerous explosive" does not mean an exempt explosive.</subsection></subsection><subsection number="53-7-202(7)">"Division 1.1G explosive" means an explosive described in 49 C.F.R. Sec. 173.50 (b)(1).</subsection><subsection number="53-7-202(8)">"Division 1.2G explosive" means an explosive described in 49 C.F.R. Sec. 173.50 (b)(2).</subsection><subsection number="53-7-202(9)">"Division 1.3G explosive" means an explosive described in 49 C.F.R. Sec. 173.50(b)(3).</subsection><subsection number="53-7-202(10)">"Division 1.4G explosive" means an explosive described in 49 C.F.R. Sec. 173.50 (b)(4).</subsection><subsection number="53-7-202(11)">"Exempt explosive" means a model rocket, toy pistol cap, emergency signal flare, snake or glow worm, party popper, trick noisemaker, match, and wire sparkler under 12 inches in length.</subsection><subsection number="53-7-202(12)">"Fire executive" means a fire chief, deputy fire chief, or other active member of a fire department or fire district who has been appointed by the elected officials of a municipality or county, by a fire district board, or by an established procedure within a volunteer fire service organization, to officially represent a fire department.</subsection><subsection number="53-7-202(13)">"Fire extinguisher" means a portable or stationary device that discharges water, foam, gas, or other material to extinguish a fire.</subsection><subsection number="53-7-202(14)">"Fire suppression system" means an automatic fire protection system that automatically detects fire and discharges a fire extinguishing agent onto or in the area of the fire.</subsection><subsection number="53-7-202(15)"><subsection number="53-7-202(15)(a)">"Fireworks" means:<subsection number="53-7-202(15)(a)(i)">a division 1.4G explosive;</subsection><subsection number="53-7-202(15)(a)(ii)">a division 1.4G dangerous explosive; and</subsection><subsection number="53-7-202(15)(a)(iii)">a division 1.4G common state approved explosive.</subsection></subsection><subsection number="53-7-202(15)(b)">"Fireworks" does not mean:<subsection number="53-7-202(15)(b)(i)">an exempt explosive; or</subsection><subsection number="53-7-202(15)(b)(ii)">a division 1.1G explosive, a division 1.12 explosive, or a division 1.3G explosive.</subsection></subsection></subsection><subsection number="53-7-202(16)">"Flame effects" means the combustion of flammable solids, liquids, or gases to produce thermal, physical, visual, or audible phenomena before an audience.</subsection><subsection number="53-7-202(17)"><subsection number="53-7-202(17)(a)">"Flame effects operator" means a person licensed under Section <xref depth="3" refnumber="53-7-223">53-7-223</xref> who, regarding flame effects, is responsible for:<subsection number="53-7-202(17)(a)(i)">storage, setup, operations, teardown, devices, equipment, overseeing assistants and support personnel, and preventing accidental discharge; and</subsection><subsection number="53-7-202(17)(a)(ii)">completion of the sequence of control system functions that release the fuel for ignition to cause combustion and create the flame effects.</subsection></subsection><subsection number="53-7-202(17)(b)"><subsection number="53-7-202(17)(b)(i)">"Flame effects operator" does not include a person who participates in a meeting, as limited under Subsection (16)(b)(ii), with other persons solely to receive training, to practice, or provide instruction regarding flame effects performance.</subsection><subsection number="53-7-202(17)(b)(ii)">A meeting under Subsection (16)(b)(i) may include a nonpaying and unsolicited audience of not more than 25 persons.</subsection></subsection></subsection><subsection number="53-7-202(18)">"Importer" means a person who brings division 1.2G explosives, division 1.3G explosives, or division 1.4G explosives into the state for the general purpose of:<subsection number="53-7-202(18)(a)">resale or use within the state; or</subsection><subsection number="53-7-202(18)(b)">exportation to other states.</subsection></subsection><subsection number="53-7-202(19)"><subsection number="53-7-202(19)(a)">"Pyrotechnic" means any composition or device manufactured or used to produce a visible or audible effect by combustion, deflagration, or detonation.</subsection><subsection number="53-7-202(19)(b)">"Pyrotechnic" does not mean exempt explosives.</subsection></subsection><subsection number="53-7-202(20)">"Retail seller" means a person who sells division 1.4G common state approved explosives to the public during the period authorized under Section <xref depth="3" refnumber="53-7-225">53-7-225</xref>.</subsection><subsection number="53-7-202(21)">"Service" means the inspection, maintenance, repair, modification, testing, or cleaning of an automatic fire suppression system.</subsection><subsection number="53-7-202(22)">"Special effects" means a visual or audible effect caused by chemical mixtures that produce a controlled, self-sustaining, and self-controlled exothermic chemical reaction that results in heat, gas, sound, or light and may also create an illusion.</subsection><subsection number="53-7-202(23)">"Special effects operator" means a person licensed under Section <xref depth="3" refnumber="53-7-223">53-7-223</xref> who is responsible for setting up, permits, overseeing assistants and support personnel, analyzing potential hazards, setting clearances, and discharging pyrotechnic devices, either indoor or outdoor, where the audience is allowed to be in closer proximity to the pyrotechnic devices than the audience separation distance generally required for display fireworks.</subsection><subsection number="53-7-202(24)">"Trick noisemaker" includes a:<subsection number="53-7-202(24)(a)">tube or sphere containing pyrotechnic composition that produces a white or colored smoke as its primary effect when ignited; and</subsection><subsection number="53-7-202(24)(b)">device that produces a small report intended to surprise the user, including a:<subsection number="53-7-202(24)(b)(i)">"booby trap," which is a small tube with a string protruding from both ends that ignites the friction sensitive composition in the tube when the string is pulled;</subsection><subsection number="53-7-202(24)(b)(ii)">"snapper," which is a small paper-wrapped device containing a minute quantity of explosive composition coated on bits of sand that explodes producing a small report;</subsection><subsection number="53-7-202(24)(b)(iii)">"trick match," which is a kitchen or book match coated with a small quantity of explosive or pyrotechnic composition that produces a small shower of sparks when ignited;</subsection><subsection number="53-7-202(24)(b)(iv)">"cigarette load," which is a small wooden peg coated with a small quantity of explosive composition that produces a small report when ignited; and</subsection><subsection number="53-7-202(24)(b)(v)">"auto burglar alarm," which is a tube that:<subsection number="53-7-202(24)(b)(v)(A)">contains pyrotechnic composition that produces a loud whistle and smoke when ignited;</subsection><subsection number="53-7-202(24)(b)(v)(B)">may contain a small quantity of explosive to produce a small explosive noise; and</subsection><subsection number="53-7-202(24)(b)(v)(C)">is ignited by a squib.</subsection></subsection></subsection></subsection><subsection number="53-7-202(25)">"Unclassified fireworks" means:<subsection number="53-7-202(25)(a)">a pyrotechnic device that is used, given away, or offered for sale, that has not been tested, approved, and classified by the United States Department of Transportation;</subsection><subsection number="53-7-202(25)(b)">an approved device that has been altered or redesigned since obtaining approval by the United States Department of Transportation; and</subsection><subsection number="53-7-202(25)(c)">a pyrotechnic device that is being tested by a manufacturer, importer, or wholesaler before receiving approval by the United States Department of Transportation.</subsection></subsection><subsection number="53-7-202(26)">"Wholesaler" means:<subsection number="53-7-202(26)(a)">a person who sells division 1.4G common state approved explosives to a retailer; or</subsection><subsection number="53-7-202(26)(b)">a person who sells division 1.2G explosives, division 1.3G explosives, or division 1.4G explosives for display use. </subsection></subsection></section><section number="53-7-203"><histories><history>Amended by Chapter <modchap sess="2016GS">186</modchap>, 2016 General Session</history><modyear>2016</modyear></histories><catchline>Utah Fire Prevention Board -- Creation -- Members -- Terms -- Selection of chair and officers -- Quorum -- Meetings -- Compensation -- Division's duty to implement board rules.</catchline><subsection number="53-7-203(1)"> There is created within the division the Utah Fire Prevention Board.</subsection><subsection number="53-7-203(2)"> The board shall be nonpartisan and be composed of 11 members appointed by the governor as follows:<subsection number="53-7-203(2)(a)"> a licensed architect;</subsection><subsection number="53-7-203(2)(b)"> a licensed engineer;</subsection><subsection number="53-7-203(2)(c)"> a member of the Utah State Firemen's Association;</subsection><subsection number="53-7-203(2)(d)"> the state forester or the state forester's designee;</subsection><subsection number="53-7-203(2)(e)"> a member of the Utah State Fire Chiefs Association;</subsection><subsection number="53-7-203(2)(f)"> a member of the Utah Fire Marshal's Association;</subsection><subsection number="53-7-203(2)(g)"> a building inspector;</subsection><subsection number="53-7-203(2)(h)"> a citizen appointed at large;</subsection><subsection number="53-7-203(2)(i)"> a fire executive appointed from a full-time fire department in a county of the first class;</subsection><subsection number="53-7-203(2)(j)"> a fire executive appointed from a full-time fire department in a county of the second class; and</subsection><subsection number="53-7-203(2)(k)"> a fire executive appointed from a fire department in a county of the third, fourth, fifth, or sixth class.</subsection></subsection><subsection number="53-7-203(3)"><subsection number="53-7-203(3)(a)"> Except as required by Subsection <xref depth="4" refnumber="53-7-203(3)(b)" start="0">(3)(b)</xref>, as terms of current board members expire, the governor shall appoint each new member or reappointed member to a four-year term.</subsection><subsection number="53-7-203(3)(b)"> Notwithstanding the requirements of Subsection <xref depth="4" refnumber="53-7-203(3)(a)" start="0">(3)(a)</xref>, the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.</subsection></subsection><subsection number="53-7-203(4)"> When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.</subsection><subsection number="53-7-203(5)"> A member whose term has expired may continue to serve until a replacement is appointed pursuant to Subsection <xref depth="4" refnumber="53-7-203(3)" start="0">(3)</xref>.</subsection><subsection number="53-7-203(6)"> The board shall select from its members a chair and other officers as the board finds necessary.</subsection><subsection number="53-7-203(7)"> A majority of the members of the board is a quorum.</subsection><subsection number="53-7-203(8)"> The board shall hold regular semiannual meetings for the transaction of its business at a time and place to be fixed by the board and shall hold other meetings as necessary for proper transaction of business.</subsection><subsection number="53-7-203(9)"> A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: <subsection number="53-7-203(9)(a)"> Section <xref depth="3" refnumber="63A-3-106" start="0">63A-3-106</xref>;</subsection><subsection number="53-7-203(9)(b)"> Section <xref depth="3" refnumber="63A-3-107" start="0">63A-3-107</xref>; and</subsection><subsection number="53-7-203(9)(c)"> rules made by the Division of Finance pursuant to Sections <xref depth="3" refnumber="63A-3-106" start="0">63A-3-106</xref> and <xref depth="3" refnumber="63A-3-107" start="0">63A-3-107</xref>.</subsection></subsection><subsection number="53-7-203(10)"> The division shall implement rules made by the board under Section <xref depth="3" refnumber="53-7-503" start="0">53-7-503</xref> and perform all other duties delegated by the board.</subsection></section><section number="53-7-204"><histories><history>Amended by Chapter <modchap sess="2026GS">333</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Duties of Utah Fire Prevention Board -- Unified Code Analysis Council -- Local administrative duties.</catchline><subsection number="53-7-204(1)">The board shall:<subsection number="53-7-204(1)(a)">administer the state fire code as the standard in the state;</subsection><subsection number="53-7-204(1)(b)">subject to the state fire code, make rules in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>:<subsection number="53-7-204(1)(b)(i)">establishing standards for the prevention of fire and for the protection of life and property against fire and panic in any:<subsection number="53-7-204(1)(b)(i)(A)">publicly owned building, including all public and private schools, colleges, and university buildings;</subsection><subsection number="53-7-204(1)(b)(i)(B)">building or structure used or intended for use as an asylum, a mental hospital, a hospital, a sanitarium, a home for the elderly, an assisted living facility, a children's home or day care center, or any building or structure used for a similar purpose; or</subsection><subsection number="53-7-204(1)(b)(i)(C)">place of assemblage where 50 or more persons may gather together in a building, structure, tent, or room for the purpose of amusement, entertainment, instruction, or education;</subsection></subsection><subsection number="53-7-204(1)(b)(ii)">establishing safety and other requirements for placement and discharge of display fireworks on the basis of:<subsection number="53-7-204(1)(b)(ii)(A)">the state fire code; and</subsection><subsection number="53-7-204(1)(b)(ii)(B)">relevant publications of the National Fire Protection Association;</subsection></subsection><subsection number="53-7-204(1)(b)(iii)">establishing safety standards for retail storage, handling, and sale of a division 1.4G common state approved explosive;</subsection><subsection number="53-7-204(1)(b)(iv)">defining methods to establish proof of competence to place and discharge display fireworks, special effects fireworks, and flame effects;</subsection><subsection number="53-7-204(1)(b)(v)">subject to Subsection <xref depth="4" refnumber="53-7-204(2)" start="0">(2)</xref>, creating a uniform statewide policy regarding a state, county, special district, and local government entity's safe seizure, storage, and repurposing, destruction, or disposal of a division 1.1G explosive, division 1.2G explosive, division 1.3G explosive, or division 1.4G explosive that:<subsection number="53-7-204(1)(b)(v)(A)">is illegal; or</subsection><subsection number="53-7-204(1)(b)(v)(B)">a person uses or handles in an illegal manner;</subsection></subsection><subsection number="53-7-204(1)(b)(vi)">deputizing qualified persons to act as deputy fire marshals, and to secure special services in emergencies;</subsection><subsection number="53-7-204(1)(b)(vii)">implementing Section <xref depth="3" refnumber="15A-1-403" start="0">15A-1-403</xref>;</subsection><subsection number="53-7-204(1)(b)(viii)">establishing criteria for the certification of firefighters, pump operators, instructors, fire officers, fire investigators, and rescue personnel not certified or licensed under any other section of the Utah Code;</subsection><subsection number="53-7-204(1)(b)(ix)">establishing criteria for training and safety equipment grants for fire departments enrolled in firefighter certification;</subsection><subsection number="53-7-204(1)(b)(x)">establishing ongoing training standards for hazardous materials emergency response agencies;</subsection><subsection number="53-7-204(1)(b)(xi)">establishing criteria for the fire safety inspection of a food truck; and</subsection><subsection number="53-7-204(1)(b)(xii)">establishing criteria for the accreditation and reaccreditation of fire service training organizations;</subsection></subsection><subsection number="53-7-204(1)(c)">recommend to the commissioner a state fire marshal;</subsection><subsection number="53-7-204(1)(d)">develop policies under which the state fire marshal and the state fire marshal's authorized representatives will perform;</subsection><subsection number="53-7-204(1)(e)">provide for the employment of field assistants and other salaried personnel as required;</subsection><subsection number="53-7-204(1)(f)">prescribe the duties of the state fire marshal and the state fire marshal's authorized representatives;</subsection><subsection number="53-7-204(1)(g)">provide technical expertise, advice, and support to Utah Valley University in the establishment and operation of the fire and rescue training program described in Section <xref depth="3" refnumber="53H-4-705">53H-4-705</xref>;</subsection><subsection number="53-7-204(1)(h)">establish a statewide fire statistics program for the purpose of gathering fire data from all political subdivisions of the state;</subsection><subsection number="53-7-204(1)(i)">coordinate the efforts of all people engaged in fire suppression in the state;</subsection><subsection number="53-7-204(1)(j)">work aggressively with the local political subdivisions to reduce fire losses;</subsection><subsection number="53-7-204(1)(k)">regulate the sale and servicing of portable fire extinguishers and automatic fire suppression systems in the interest of safeguarding lives and property;</subsection><subsection number="53-7-204(1)(l)">establish a certification program for persons who inspect and test automatic fire sprinkler systems;</subsection><subsection number="53-7-204(1)(m)">establish a certification program for persons who inspect and test fire alarm systems;</subsection><subsection number="53-7-204(1)(n)">establish a certification for persons who provide response services regarding hazardous materials emergencies;</subsection><subsection number="53-7-204(1)(o)">in accordance with Section <xref depth="3" refnumber="53-7-602">53-7-602</xref>, establish a licensing and certification program for carbon dioxide systems;</subsection><subsection number="53-7-204(1)(p)">in accordance with Sections <xref depth="3" refnumber="15A-1-403" start="0">15A-1-403</xref> and <xref depth="3" refnumber="68-3-14" start="0">68-3-14</xref>, submit a written report to the Business and Labor Interim Committee; and</subsection><subsection number="53-7-204(1)(q)">jointly create the Unified Code Analysis Council with the Uniform Building Code Commission in accordance with Section <xref depth="3" refnumber="15A-1-203" start="0">15A-1-203</xref>.</subsection></subsection><subsection number="53-7-204(2)"><subsection number="53-7-204(2)(a)">In the rules that the board makes under Subsection <xref depth="4" refnumber="53-7-204(1)(b)(v)" start="0">(1)(b)(v)</xref>, the board shall include a provision prohibiting a state, county, special district, or local government entity from disposing of an item described in Subsection <xref depth="4" refnumber="53-7-204(1)(b)(v)" start="0">(1)(b)(v)</xref> by means of open burning, except under circumstances described in the rule.</subsection><subsection number="53-7-204(2)(b)">When making a rule under Subsection <xref depth="4" refnumber="53-7-204(1)(b)(v)" start="0">(1)(b)(v)</xref>, the board shall:<subsection number="53-7-204(2)(b)(i)">review and include applicable references to:<subsection number="53-7-204(2)(b)(i)(A)">requirements described in <xref depth="1" refnumber="15A-5" start="0">Title 15A, Chapter 5, State Fire Code Act</xref>; and</subsection><subsection number="53-7-204(2)(b)(i)(B)">provisions of the International Fire Code; and</subsection></subsection><subsection number="53-7-204(2)(b)(ii)">consider the appropriate role of the following in relation to the rule:<subsection number="53-7-204(2)(b)(ii)(A)">the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives; and</subsection><subsection number="53-7-204(2)(b)(ii)(B)">a firework wholesaler or distributor.</subsection></subsection></subsection></subsection><subsection number="53-7-204(3)">The board may incorporate in its rules by reference, in whole or in part:<subsection number="53-7-204(3)(a)">the state fire code; or</subsection><subsection number="53-7-204(3)(b)">subject to the state fire code, a nationally recognized and readily available standard pertaining to the protection of life and property from fire, explosion, or panic.</subsection></subsection><subsection number="53-7-204(4)">The following functions shall be administered locally by a city, county, or fire protection district:<subsection number="53-7-204(4)(a)">issuing permits, including open burning permits pursuant to Sections <xref depth="3" refnumber="11-7-1" start="0">11-7-1</xref> and <xref depth="3" refnumber="19-2-114" start="0">19-2-114</xref>;</subsection><subsection number="53-7-204(4)(b)">creating a local board of appeals in accordance with the state fire code; and</subsection><subsection number="53-7-204(4)(c)">subject to the state fire code and the other provisions of this chapter, establishing, modifying, or deleting fire flow and water supply requirements.</subsection></subsection></section><section number="53-7-204.2"><histories><history>Amended by Chapter <modchap sess="2020GS">403</modchap>, 2020 General Session</history><modyear>2020</modyear></histories><catchline>Fire Prevention Support Account -- Funding.</catchline><subsection number="53-7-204.2(1)"> As used in this section: <subsection number="53-7-204.2(1)(a)"> "Account" means the Fire Prevention Support Account created in Subsection <xref depth="4" refnumber="53-7-204.2(2)" start="0">(2)</xref>.</subsection><subsection number="53-7-204.2(1)(b)"> "Property insurance premium" means premium paid as consideration for property insurance as defined in Section <xref depth="3" refnumber="31A-1-301" start="0">31A-1-301</xref>.</subsection></subsection><subsection number="53-7-204.2(2)"><subsection number="53-7-204.2(2)(a)"> To provide a funding source for the general operation of the division, there is created in the General Fund a restricted account known as the Fire Prevention Support Account.</subsection><subsection number="53-7-204.2(2)(b)"> The following revenue shall be deposited in the account to implement this section:<subsection number="53-7-204.2(2)(b)(i)"> the percentage specified in Subsection <xref depth="4" refnumber="53-7-204.2(3)" start="0">(3)</xref> of the annual tax for each year that is levied, assessed, and collected under <xref depth="1" refnumber="59-9" start="0">Title 59, Chapter 9, Taxation of Admitted Insurers</xref>, upon property insurance premiums and as applied to fire and allied lines insurance collected by insurance companies within the state;</subsection><subsection number="53-7-204.2(2)(b)(ii)"> the percentage specified in Subsection <xref depth="4" refnumber="53-7-204.2(4)" start="0">(4)</xref> of all money assessed and collected upon life insurance premiums within the state;</subsection><subsection number="53-7-204.2(2)(b)(iii)"> appropriations made by the Legislature; and</subsection><subsection number="53-7-204.2(2)(b)(iv)"> money collected from civil penalties in accordance with Section <xref depth="3" refnumber="53-7-504" start="0">53-7-504</xref>.</subsection></subsection></subsection><subsection number="53-7-204.2(3)"> The percentage of the tax specified in Subsection <xref depth="4" refnumber="53-7-204.2(2)(b)(i)" start="0">(2)(b)(i)</xref> to be deposited in the account each fiscal year is 25%.</subsection><subsection number="53-7-204.2(4)"> The percentage of the money specified in Subsection <xref depth="4" refnumber="53-7-204.2(2)(b)(ii)" start="0">(2)(b)(ii)</xref> to be deposited in the account each fiscal year is 5%.</subsection></section><section number="53-7-206"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Equipment for new fire protection systems -- Standard equipment.</catchline><tab/>All equipment for fire protective purposes, purchased in connection with the installation of completely new fire protection systems by any authorities having charge of public property, shall be equipped with the standard hydrant stem and cap nuts and standard threads for fire hose and fire hydrant couplings and fittings designated as the national standard, as adopted by the board, which standard is designated as the standard for the equipment in the state. </section><section number="53-7-207"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Selling or offering for sale nonstandard equipment unlawful -- Exception.</catchline><subsection number="53-7-207(1)"> A person may not sell or offer for sale any fire hose, fire hydrant, fire engine, or other equipment with threaded parts unless the equipment is fitted and equipped with the threads designated as national standard and adopted by the board and designated by law as the standard of the equipment in the state.</subsection><subsection number="53-7-207(2)"> Subsection <xref depth="4" refid="C53-7-S207_1800010118000101" refnumber="53-7-207(1)" start="0">(1)</xref> does not apply to: <subsection number="53-7-207(2)(a)"> equipment sold or offered for sale to a local governing body for the purposes of maintaining, repairing, replacing, or extending existing fire protection equipment as provided in Section <xref depth="3" refid="C11-4-S2_1800010118000101" refnumber="11-4-2" start="0">11-4-2</xref>; and</subsection><subsection number="53-7-207(2)(b)"> adapters and caps for fire protective purposes.</subsection></subsection></section><section number="53-7-208"><histories><history>Amended by Chapter <modchap sess="2013GS">274</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Penalty and punishment.</catchline><tab/>Any person who violates Sections <xref depth="3" refid="C53-7-S206_1800010118000101" refnumber="53-7-206" start="0">53-7-206</xref> and <xref depth="3" refid="C53-7-S207_1800010118000101" refnumber="53-7-207" start="0">53-7-207</xref>, requiring standard equipment, is guilty of a class B misdemeanor. </section><section number="53-7-209"><histories><history>Amended by Chapter <modchap sess="2011GS">260</modchap>, 2011 General Session</history><modyear>2011</modyear></histories><catchline>Inspection of buildings by officials -- Review of residential inspections.</catchline><subsection number="53-7-209(1)"> As used in this section, "International Fire Code" means the edition of the International Fire Code adopted by the Legislature with the amendments and additions in the State Fire Code.</subsection><subsection number="53-7-209(2)"> A fire chief or officer may enter a building or premises not used as a private dwelling at any reasonable hour to inspect the building or premises and enforce the rules made under this part and the state fire code.</subsection><subsection number="53-7-209(3)"> The owner, lessee, manager, or operator of a building or premises not used as a private dwelling shall permit inspections under this section.</subsection><subsection number="53-7-209(4)"><subsection number="53-7-209(4)(a)"> Subject to Subsection <xref depth="4" refid="C53-7-S209_1800010118000101" refnumber="53-7-209(4)(b)" start="0">(4)(b)</xref>, a county, city, or town shall, by ordinance, provide for review of an inspection conducted by the county's, city's, or town's fire chief or officer for a single-family residence within 30 days of the notice of the fire code compliance inspection.</subsection><subsection number="53-7-209(4)(b)"> Upon request by a person who owns or is building a single-family residence, a chief executive officer of the county, city, or town in which is located the single-family residence, or the chief executive officer's designee, shall, with reasonable diligence, review an inspection described in Subsection <xref depth="4" refid="C53-7-S209_1800010118000101" refnumber="53-7-209(4)(a)" start="0">(4)(a)</xref> to determine whether the inspection constitutes a fair administration of the State Fire Code.</subsection><subsection number="53-7-209(4)(c)"> A review described in this section:<subsection number="53-7-209(4)(c)(i)"> is separate and unrelated to an appeal under the International Fire Code;</subsection><subsection number="53-7-209(4)(c)(ii)"> may not be used to review a matter that may be brought by appeal under the International Fire Code;</subsection><subsection number="53-7-209(4)(c)(iii)"> may not result in the waiver or modification of a State Fire Code requirement or standard; and</subsection><subsection number="53-7-209(4)(c)(iv)"> does not prohibit a person from bringing an appeal under the International Fire Code.</subsection></subsection><subsection number="53-7-209(4)(d)"> A person who seeks a review described in this Subsection <xref depth="4" refid="C53-7-S209_1800010118000101" refnumber="53-7-209(4)" start="0">(4)</xref> may not be prohibited by preclusion, estoppel, or otherwise from raising an issue or bringing a claim in an appeal under the International Fire Code on the grounds that the person raised the issue or brought the claim in the review described in this section.</subsection></subsection></section><section number="53-7-210"><histories><history>Amended by Chapter <modchap sess="2001GS">25</modchap>, 2001 General Session</history><modyear>2001</modyear></histories><catchline>Fire investigations by local officers -- Notification to division.</catchline><subsection number="53-7-210(1)"> The chief fire officer of any city, town, or county fire department, or of any fire district or special service district organized for fire protection purposes, or his authorized representative shall investigate the cause, origin, and circumstances of each fire occurring in his jurisdiction when property has been destroyed or damaged.</subsection><subsection number="53-7-210(2)"> The fire officer shall: <subsection number="53-7-210(2)(a)"> begin the investigation immediately after the occurrence of the fire; and</subsection><subsection number="53-7-210(2)(b)"> attempt to determine, among other things, whether the fire was the result of carelessness or of design.</subsection></subsection><subsection number="53-7-210(3)"> If the fire officer making this investigation determines that the fire appears to be suspicious, or of unknown origin, the officer may notify the division to request assistance.</subsection></section><section number="53-7-211"><histories><history>Amended by Chapter <modchap sess="2025GS">302</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Fire investigations by fire marshal.</catchline><subsection number="53-7-211(1)">If the division is of the opinion that further investigation of a fire is necessary, the state fire marshal, or the state marshal's deputy or representative, may:<subsection number="53-7-211(1)(a)">join the investigation in cooperation with the fire officers who have been conducting it;</subsection><subsection number="53-7-211(1)(b)">upon the request of the chief fire official of the political subdivision, assume control of the investigation and direct it; or</subsection><subsection number="53-7-211(1)(c)">conduct an independent investigation if necessary.</subsection></subsection><subsection number="53-7-211(2)">A fire officer who has conducted or is conducting the investigation shall cooperate in every possible way with the state fire marshal, the state fire marshal's deputy, and the state fire marshal's representative to further the purpose of the investigation.</subsection><subsection number="53-7-211(3)">The county attorney or district attorney of the county in which the fire occurred shall, upon the request of the state fire marshal, or the state fire marshal's deputy or representative, assist in the investigation.</subsection></section><section number="53-7-212"><histories><history>Amended by Chapter <modchap sess="2025GS">302</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Powers of fire marshal in respect to investigation.</catchline><tab/>In investigating any fire the state fire marshal and the state fire marshal's deputy may:<subsection number="53-7-212(1)">subpoena witnesses;</subsection><subsection number="53-7-212(2)">compel their attendance and testimony; and</subsection><subsection number="53-7-212(3)">require the production of books, papers, documents, records, and other tangible items that constitute or may contain evidence relevant to the investigation in the judgment of the state fire marshal or the state fire marshal's deputy.</subsection></section><section number="53-7-213"><histories><history>Amended by Chapter <modchap sess="2025GS">302</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Criminal charges resulting from investigation -- Procedure.</catchline><tab/>If the state fire marshal, or the state fire marshal's deputy or representative, or any other officer participating in the investigation of any fire believes that there is evidence sufficient to charge a person with arson, burning with intent to defraud or prejudice the insurer, or a similar crime, the officer participating in the investigation shall furnish the county attorney or district attorney of the county in which the crime occurred with evidence and request the county attorney or district attorney to commence the proper procedures to charge the person with the appropriate crime.</section><section number="53-7-214"><histories><history>Amended by Chapter <modchap sess="2025GS">302</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Insurance company reports of fires.</catchline><subsection number="53-7-214(1)">The state fire marshal, the state fire marshal's deputy, and investigator may, in writing, require any insurance company transacting business in this state to release to the state fire marshal all relevant information or evidence found important by the state fire marshal, the state fire marshal's deputy, and investigator that the company may have in its possession, relating to any fire loss in this state in which the company has an insuring interest. Relevant information includes:<subsection number="53-7-214(1)(a)">insurance policy information related to a fire loss under investigation and any application for the policy;</subsection><subsection number="53-7-214(1)(b)">available policy premium payment records;</subsection><subsection number="53-7-214(1)(c)">history of previous claims made by the insured; and</subsection><subsection number="53-7-214(1)(d)">material relating to the investigation of the loss, including statements of any person, proof of loss, and any other evidence related to the investigation.</subsection></subsection><subsection number="53-7-214(2)"><subsection number="53-7-214(2)(a)">Every insurance company transacting business in the state must file with the division a report of any fire of suspicious origin.</subsection><subsection number="53-7-214(2)(b)">The report shall show:<subsection number="53-7-214(2)(b)(i)">the name of the insured;</subsection><subsection number="53-7-214(2)(b)(ii)">the location of the property burned;</subsection><subsection number="53-7-214(2)(b)(iii)">the probable cause of the fire;</subsection><subsection number="53-7-214(2)(b)(iv)">the occupancy of the property burned;</subsection><subsection number="53-7-214(2)(b)(v)">the construction of the building or structure burned;</subsection><subsection number="53-7-214(2)(b)(vi)">the market value of the property involved;</subsection><subsection number="53-7-214(2)(b)(vii)">the actual loss;</subsection><subsection number="53-7-214(2)(b)(viii)">the insurance carried;</subsection><subsection number="53-7-214(2)(b)(ix)">the insurance paid;</subsection><subsection number="53-7-214(2)(b)(x)">the apportionment of loss where more than one company was on the risk; and</subsection><subsection number="53-7-214(2)(b)(xi)">if a motor vehicle or building is involved in any fire loss, a description of the motor vehicle or building.</subsection></subsection><subsection number="53-7-214(2)(c)">In case of a fire of suspicious or incendiary origin, a preliminary report shall be made immediately through some officer or representative of the insurance company, showing:<subsection number="53-7-214(2)(c)(i)">the name of the insured;</subsection><subsection number="53-7-214(2)(c)(ii)">the date of the fire;</subsection><subsection number="53-7-214(2)(c)(iii)">the location;</subsection><subsection number="53-7-214(2)(c)(iv)">occupancy; and</subsection><subsection number="53-7-214(2)(c)(v)">other facts and circumstances tending to establish the cause or origin of the fire.</subsection></subsection></subsection><subsection number="53-7-214(3)">All persons making an adjustment occasioned by a loss due to a fire of suspicious or incendiary origin in this state shall, upon written request, send to the division a copy of the final adjustment immediately after the adjustment is made, signed by the person making the adjustment.</subsection><subsection number="53-7-214(4)">Any insurance company or person acting in its behalf or any person making adjustments occasioned by a loss due to fire who releases information, whether oral or written, pursuant to Subsection <xref depth="4" refid="C53-7-S214_1800010118000101" refnumber="53-7-214(1)" start="0">(1)</xref>, <xref depth="4" refid="C53-7-S214_1800010118000101" refnumber="53-7-214(2)" start="0">(2)</xref>, or <xref depth="4" refid="C53-7-S214_1800010118000101" refnumber="53-7-214(3)" start="0">(3)</xref> is immune from any liability for the release of this information arising out of a civil action or penalty resulting from a criminal prosecution.</subsection></section><section number="53-7-215"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Portable fire extinguishers -- Persons not subject to part.</catchline><subsection number="53-7-215(1)"> The filling or charging of portable fire extinguishers prior to initial sale by the manufacturer is not subject to this part.</subsection><subsection number="53-7-215(2)"> Any firm that maintains its own fully equipped and specially staffed fire prevention, fire protection, and fire extinguisher servicing facilities is not subject to the licensing provisions of this part if it services only its own portable fire extinguishers.</subsection><subsection number="53-7-215(3)"> Individuals shall maintain a current certificate of registration.</subsection></section><section number="53-7-216"><histories><history>Amended by Chapter <modchap sess="2013GS">247</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Portable fire extinguishers and fire suppression systems -- Certification and licensure required to service.</catchline><subsection number="53-7-216(1)"> Each firm engaged in the business of servicing portable fire extinguishers or automatic fire suppression systems that automatically detect fire and discharge an approved fire extinguishing agent onto or in the area of the fire shall be licensed by the state fire marshal.</subsection><subsection number="53-7-216(2)"> Each person who services portable fire extinguishers or fire suppression systems that discharge an approved fire extinguishing agent onto or in the area of the fire shall be certified by the state fire marshal.</subsection><subsection number="53-7-216(3)"> The board shall by rule prescribe an application form and standards for licensure or certification qualification and for renewal and revocation.</subsection><subsection number="53-7-216(4)"> Applicants for licensure or certification shall: <subsection number="53-7-216(4)(a)"> submit a written application on the form prescribed by the board;</subsection><subsection number="53-7-216(4)(b)"> provide evidence of competency as required by the board; and</subsection><subsection number="53-7-216(4)(c)"> submit the fee established under Subsection <xref depth="4" refid="C53-7-S216_1800010118000101" refnumber="53-7-216(5)" start="0">(5)</xref>.</subsection></subsection><subsection number="53-7-216(5)"> The board may establish a fee under Section <xref depth="3" refid="C63J-1-S504_1800010118000101" refnumber="63J-1-504" start="0">63J-1-504</xref> to be paid upon application for licensure or certification.</subsection><subsection number="53-7-216(6)"> This section does not apply to standpipe systems, deluge systems, or automatic fire sprinkler systems.</subsection></section><section number="53-7-217"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Portable fire extinguishers -- Permit required to perform hydrostatic testing.</catchline><tab/>Each firm performing hydrostatic testing of portable fire extinguishers shall:<subsection number="53-7-217(1)"> perform the tests in accordance with the specifications of the United States Department of Transportation for compressed gas cylinders; and</subsection><subsection number="53-7-217(2)"> obtain a permit from the division by applying in writing on forms provided by the division.</subsection></section><section number="53-7-218"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Portable fire extinguishers -- Sale or lease without approval prohibited.</catchline><tab/>A portable fire extinguisher may not be sold or leased in the state unless it is approved, labeled, or listed by a nationally recognized testing laboratory approved by the division as qualified to test portable fire extinguishers. </section><section number="53-7-219"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Portable fire extinguishers -- Hearings authorized.</catchline><tab/>The state fire marshal may conduct hearings or proceedings concerning the renewal, revocation, or refusal to issue permits. </section><section number="53-7-220"><histories><history>Enacted by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Short title.</catchline><tab/>Sections <xref depth="3" refid="C53-7-S220_1800010118000101" refnumber="53-7-220" start="0">53-7-220</xref> through <xref depth="3" refid="C53-7-S225_1800010118000101" refnumber="53-7-225" start="0">53-7-225</xref> are known as the "Utah Fireworks Act." </section><section number="53-7-221"><histories><history>Amended by Chapter <modchap sess="2024GS">343</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Exceptions from Utah Fireworks Act.</catchline><subsection number="53-7-221(1)">Sections <xref depth="3" refnumber="53-7-220">53-7-220</xref> through <xref depth="3" refnumber="53-7-225">53-7-225</xref> do not apply to a division 1.1G explosive, a division 1.2G explosive, a division 1.3G explosive, or a division 1.4G explosive that is not for use in the state, but is manufactured, stored, warehoused, or in transit for destinations outside of the state.</subsection><subsection number="53-7-221(2)">Sections <xref depth="3" refnumber="53-7-220">53-7-220</xref> through <xref depth="3" refnumber="53-7-225">53-7-225</xref> do not supersede Section <xref depth="3" refnumber="23A-2-208">23A-2-208</xref>, regarding use of fireworks and explosives by the Division of Wildlife Resources and federal game agents.</subsection><subsection number="53-7-221(3)">Section <xref depth="3" refnumber="53-7-225">53-7-225</xref> does not supersede Section <xref depth="3" refnumber="65A-8-212">65A-8-212</xref> regarding the authority of the state forester to close hazardous areas.</subsection></section><section number="53-7-222"><histories><history>Amended by Chapter <modchap sess="2024GS">343</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Restrictions on the sale or use of fireworks.</catchline><subsection number="53-7-222(1)"><subsection number="53-7-222(1)(a)">Except as provided in Subsection (1)(b), a division 1.4G dangerous explosive may not be possessed, discharged, sold, or offered for retail sale.</subsection><subsection number="53-7-222(1)(b)"><subsection number="53-7-222(1)(b)(i)">The following persons may purchase, possess, or discharge a division 1.4G dangerous explosive:<subsection number="53-7-222(1)(b)(i)(A)">display operators and special effects operators who receive a license from the division in accordance with Section <xref depth="3" refnumber="53-7-223">53-7-223</xref> and approval from their local licensing authority in accordance with Section <xref depth="3" refnumber="11-3-3.5">11-3-3.5</xref>; and</subsection><subsection number="53-7-222(1)(b)(i)(B)">operators approved by the Division of Wildlife Resources or Department of Agriculture and Food to discharge agricultural and wildlife fireworks.</subsection></subsection><subsection number="53-7-222(1)(b)(ii)">Importers and wholesalers licensed under Section <xref depth="3" refnumber="53-7-224">53-7-224</xref> may possess, sell, and offer to sell division 1.4G dangerous explosives.</subsection></subsection></subsection><subsection number="53-7-222(2)">Unclassified fireworks may not be sold, or offered for sale.</subsection></section><section number="53-7-223"><histories><history>Amended by Chapter <modchap sess="2018GS">417</modchap>, 2018 General Session</history><modyear>2018</modyear></histories><catchline>State license for display operators, special effects operators, and flame effects operators -- Permit -- Fee -- Division duties -- Revocation.</catchline><subsection number="53-7-223(1)"><subsection number="53-7-223(1)(a)"> A person may not purchase or possess display fireworks, special effects fireworks, or flame effects, or discharge any of them in public unless the person has obtained the appropriate license from the division, except under Subsection <xref depth="4" refnumber="53-7-223(1)(b)" start="0">(1)(b)</xref>.</subsection><subsection number="53-7-223(1)(b)"><subsection number="53-7-223(1)(b)(i)"> Subsection <xref depth="4" refnumber="53-7-223(1)(a)" start="0">(1)(a)</xref> does not apply to any person who participates in a meeting, as limited under Subsection <xref depth="4" refnumber="53-7-223(1)(b)(ii)" start="0">(1)(b)(ii)</xref>, with other persons solely to receive training, to practice, or provide instruction regarding flame effects performance.</subsection><subsection number="53-7-223(1)(b)(ii)"> A meeting under Subsection <xref depth="4" refnumber="53-7-223(1)(b)(i)" start="0">(1)(b)(i)</xref> may include a nonpaying and unsolicited audience of not more than 25 persons.</subsection></subsection></subsection><subsection number="53-7-223(2)"> The division shall: <subsection number="53-7-223(2)(a)"> issue an annual license to any display operator, special effects operator, or flame effects operator who:<subsection number="53-7-223(2)(a)(i)"> applies for the permit;</subsection><subsection number="53-7-223(2)(a)(ii)"> pays the fee set in accordance with Section <xref depth="3" refnumber="63J-1-504" start="0">63J-1-504</xref>;</subsection><subsection number="53-7-223(2)(a)(iii)"> demonstrates proof of competence; and</subsection><subsection number="53-7-223(2)(a)(iv)"> certifies that the operator will comply with board rules governing placement and discharge of fireworks or flame effects;</subsection></subsection><subsection number="53-7-223(2)(b)"> provide the licensee with a copy of the rules governing placement and discharge of fireworks or flame effects made under Section <xref depth="3" refnumber="53-7-204" start="0">53-7-204</xref>; and</subsection><subsection number="53-7-223(2)(c)"> together with county and municipal officers enforce Sections <xref depth="3" refnumber="53-7-220" start="0">53-7-220</xref> through <xref depth="3" refnumber="53-7-225" start="0">53-7-225</xref>.</subsection></subsection><subsection number="53-7-223(3)"> The division may: <subsection number="53-7-223(3)(a)"> revoke a license issued under this section for cause;</subsection><subsection number="53-7-223(3)(b)"> seize display and special effects fireworks, fireworks, and unclassified fireworks that are offered for sale, sold, or in the possession of an individual in violation of Sections <xref depth="3" refnumber="53-7-220" start="0">53-7-220</xref> through <xref depth="3" refnumber="53-7-225" start="0">53-7-225</xref>;</subsection><subsection number="53-7-223(3)(c)"> prevent or stop the use of flame effects that is unlawful or that is endangering persons or property; and</subsection><subsection number="53-7-223(3)(d)"> create application and certification forms.</subsection></subsection></section><section number="53-7-224"><histories><history>Amended by Chapter <modchap sess="2018GS">417</modchap>, 2018 General Session</history><modyear>2018</modyear></histories><catchline>Licensing importers and wholesalers -- Fee.</catchline><tab/>The division shall:<subsection number="53-7-224(1)"> annually license each importer and wholesaler of pyrotechnic devices; and</subsection><subsection number="53-7-224(2)"> charge an annual license fee set in accordance with Section <xref depth="3" refnumber="63J-1-504" start="0">63J-1-504</xref>.</subsection></section><section number="53-7-225"><histories><history>Amended by Chapter <modchap sess="2025GS">18</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Times for sale and discharge of fireworks -- Criminal penalty -- Permissible closure of certain areas -- Maps and signage.</catchline><subsection number="53-7-225(1)">Except as provided in Section <xref depth="3" refnumber="53-7-221">53-7-221</xref>, this section supersedes any other code provision regarding the sale or discharge of fireworks.</subsection><subsection number="53-7-225(2)"><subsection number="53-7-225(2)(a)">Except as provided in Subsection (2)(b), a person may sell a division 1.4G common state approved explosive in the state as follows:<subsection number="53-7-225(2)(a)(i)">beginning on June 24 and ending on July 25;</subsection><subsection number="53-7-225(2)(a)(ii)">beginning on December 29 and ending on December 31; and</subsection><subsection number="53-7-225(2)(a)(iii)">two days before and on the Chinese New Year's eve.</subsection></subsection><subsection number="53-7-225(2)(b)">The restrictions in Subsection (2)(a) do not apply to:<subsection number="53-7-225(2)(b)(i)">online sales to a person outside the state for use outside the state; or</subsection><subsection number="53-7-225(2)(b)(ii)">sales to persons described in Subsection <xref depth="4" refnumber="53-7-222(1)(b)(i)(A)">53-7-222(1)(b)(i)(A)</xref>.</subsection></subsection></subsection><subsection number="53-7-225(3)">A person may not discharge a division 1.4G common state approved explosive in the state except as follows:<subsection number="53-7-225(3)(a)">between the hours of 11 a.m. and 11 p.m., except that on July 4 and July 24, the hours are 11 a.m. to midnight:<subsection number="53-7-225(3)(a)(i)">beginning on July 2 and ending on July 5; and</subsection><subsection number="53-7-225(3)(a)(ii)">beginning on July 22 and ending on July 25;</subsection></subsection><subsection number="53-7-225(3)(b)"><subsection number="53-7-225(3)(b)(i)">beginning at 11 a.m. on December 31 and ending at 1 a.m. on the following day; or</subsection><subsection number="53-7-225(3)(b)(ii)">if New Year's eve is on a Sunday and the county or municipality determines to celebrate New Year's eve on the prior Saturday, then a person may discharge a division 1.4G common state approved explosive on that prior Saturday within the county or municipality;</subsection></subsection><subsection number="53-7-225(3)(c)">between the hours of 11 a.m. and 11 p.m. on January 1; and</subsection><subsection number="53-7-225(3)(d)">beginning at 11 a.m. on the Chinese New Year's eve and ending at 1 a.m. on the following day.</subsection></subsection><subsection number="53-7-225(4)">A person is guilty of an infraction, punishable by a fine of up to $1,000, if the person discharges a division 1.4G common state approved explosive:<subsection number="53-7-225(4)(a)">outside the legal discharge dates and times described in Subsection (3); or</subsection><subsection number="53-7-225(4)(b)">in an area in which fireworks are prohibited under Subsection <xref depth="4" refnumber="15A-5-202.5(1)(b)">15A-5-202.5(1)(b)</xref>.</subsection></subsection><subsection number="53-7-225(5)"><subsection number="53-7-225(5)(a)">Except as provided in Subsection (5)(b) or (c), a county, a municipality, or the state forester may not prohibit a person from discharging a division 1.4G common state approved explosive during the permitted periods described in Subsection (3).</subsection><subsection number="53-7-225(5)(b)"><subsection number="53-7-225(5)(b)(i)">As used in this Subsection (5)(b), "negligent discharge":<subsection number="53-7-225(5)(b)(i)(A)">means the improper use and discharge of a division 1.4G common state approved explosive; and</subsection><subsection number="53-7-225(5)(b)(i)(B)">does not include the date or location of discharge or the type of explosive used.</subsection></subsection><subsection number="53-7-225(5)(b)(ii)">A municipality may prohibit:<subsection number="53-7-225(5)(b)(ii)(A)">the discharge of a division 1.4G common state approved explosive in certain areas with hazardous environmental conditions, in accordance with Subsection <xref depth="4" refnumber="15A-5-202.5(1)(b)">15A-5-202.5(1)(b)</xref>; or</subsection><subsection number="53-7-225(5)(b)(ii)(B)">the negligent discharge of a division 1.4G common state approved explosive.</subsection></subsection><subsection number="53-7-225(5)(b)(iii)">A county may prohibit the negligent discharge of a division 1.4G common state approved explosive.</subsection></subsection><subsection number="53-7-225(5)(c)">The state forester may prohibit the discharge of a division 1.4G common state approved explosive as provided in Subsection <xref depth="4" refnumber="15A-5-202.5(1)(b)">15A-5-202.5(1)(b)</xref> or Section <xref depth="3" refnumber="65A-8-212">65A-8-212</xref>.</subsection></subsection><subsection number="53-7-225(6)">If a municipal legislative body or the state forester provides a map to a county identifying an area in which the discharge of fireworks is prohibited due to a historical hazardous environmental condition under Subsection <xref depth="4" refnumber="15A-5-202.5(1)(b)">15A-5-202.5(1)(b)</xref>, the county shall, before June 1 of that same year:<subsection number="53-7-225(6)(a)">create a county-wide map, based on each map the county has received, indicating each area within the county in which fireworks are prohibited under Subsection <xref depth="4" refnumber="15A-5-202.5(1)(b)">15A-5-202.5(1)(b)</xref>;</subsection><subsection number="53-7-225(6)(b)">provide the map described in Subsection (6)(a) to:<subsection number="53-7-225(6)(b)(i)">each retailer that sells fireworks within the county; and</subsection><subsection number="53-7-225(6)(b)(ii)">the state fire marshal; and</subsection></subsection><subsection number="53-7-225(6)(c)">publish the map on the county's website.</subsection></subsection><subsection number="53-7-225(7)">A retailer that sells fireworks shall display:<subsection number="53-7-225(7)(a)">a sign that:<subsection number="53-7-225(7)(a)(i)">is clearly visible to the general public in a prominent location near the point of sale;</subsection><subsection number="53-7-225(7)(a)(ii)">indicates the legal discharge dates and times described in Subsection (3); and</subsection><subsection number="53-7-225(7)(a)(iii)">indicates the criminal charge and fine associated with discharge:<subsection number="53-7-225(7)(a)(iii)(A)">outside the legal dates and times described in Subsection (3); and</subsection><subsection number="53-7-225(7)(a)(iii)(B)">within an area in which fireworks are prohibited under Subsection <xref depth="4" refnumber="15A-5-202.5(1)(b)">15A-5-202.5(1)(b)</xref>; and</subsection></subsection></subsection><subsection number="53-7-225(7)(b)">the map that the county provides, in accordance with Subsection (6)(b).</subsection></subsection></section><section number="53-7-225.1"><histories><history>Amended by Chapter <modchap sess="2025GS">18</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Civil liability.</catchline><subsection number="53-7-225.1(1)"><subsection number="53-7-225.1(1)(a)">An individual who negligently, recklessly, or intentionally causes or spreads a fire through discharge of a division 1.4G explosive is liable for the cost of suppressing that fire and any damages the fire causes.</subsection><subsection number="53-7-225.1(1)(b)">If the individual described in Subsection <xref depth="4" refnumber="53-7-225.1(1)(a)" start="0">(1)(a)</xref> is a minor, the parent or legal guardian having legal custody of the minor is liable for the costs and damages for which the minor is liable under this section.</subsection><subsection number="53-7-225.1(1)(c)">A court may waive part or all of the parent or guardian's liability for damages under Subsection <xref depth="4" refnumber="53-7-225.1(1)(b)" start="0">(1)(b)</xref> if the court finds:<subsection number="53-7-225.1(1)(c)(i)">good cause; and</subsection><subsection number="53-7-225.1(1)(c)(ii)">that the parent or legal guardian:<subsection number="53-7-225.1(1)(c)(ii)(A)">made a reasonable effort to supervise and direct the minor; or</subsection><subsection number="53-7-225.1(1)(c)(ii)(B)">in the event the parent or guardian knew in advance of the negligent, reckless, or intentional conduct described in Subsection <xref depth="4" refnumber="53-7-225.1(1)(a)" start="0">(1)(a)</xref>, made a reasonable effort to restrain the minor.</subsection></subsection></subsection></subsection><subsection number="53-7-225.1(2)"><subsection number="53-7-225.1(2)(a)">The conduct described in Subsection <xref depth="4" refnumber="53-7-225.1(1)" start="0">(1)</xref> includes any negligent, reckless, or intentional conduct, regardless of whether:<subsection number="53-7-225.1(2)(a)(i)">the person discharges a division 1.4G common state approved explosive:<subsection number="53-7-225.1(2)(a)(i)(A)">within the permitted time periods described in Subsection <xref depth="4" refnumber="53-7-225(3)" start="0">53-7-225(3)</xref>; or</subsection><subsection number="53-7-225.1(2)(a)(i)(B)">in an area where discharge was not prohibited under Subsection <xref depth="4" refnumber="53-7-225(5)(b)" start="0">53-7-225(5)(b)</xref> or <xref depth="4" refnumber="53-7-225(5)(c)" start="0">(c)</xref>; or</subsection></subsection><subsection number="53-7-225.1(2)(a)(ii)">the fire begins on:<subsection number="53-7-225.1(2)(a)(ii)(A)">private land;</subsection><subsection number="53-7-225.1(2)(a)(ii)(B)">land owned by the state or a political subdivision of the state;</subsection><subsection number="53-7-225.1(2)(a)(ii)(C)">federal land; or</subsection><subsection number="53-7-225.1(2)(a)(ii)(D)">tribal land.</subsection></subsection></subsection><subsection number="53-7-225.1(2)(b)">Discharging a division 1.4G explosive in an area in which fireworks are prohibited due to hazardous environmental conditions, in accordance with Subsection <xref depth="4" refnumber="15A-5-202.5(1)(b)" start="0">15A-5-202.5(1)(b)</xref>, constitutes the negligent, reckless, or intentional conduct described in Subsection <xref depth="4" refnumber="53-7-225.1(1)" start="0">(1)</xref>.</subsection></subsection><subsection number="53-7-225.1(3)">A person who incurs costs to suppress a fire described in Subsection <xref depth="4" refnumber="53-7-225.1(1)" start="0">(1)</xref> may bring an action under this section to recover those costs against an individual described in Subsection <xref depth="4" refnumber="53-7-225.1(1)" start="0">(1)</xref>.</subsection><subsection number="53-7-225.1(4)">A person who suffers damage from a fire described in Subsection <xref depth="4" refnumber="53-7-225.1(1)" start="0">(1)</xref> may:<subsection number="53-7-225.1(4)(a)">bring an action under this section for those damages against an individual described in Subsection <xref depth="4" refnumber="53-7-225.1(1)" start="0">(1)</xref>; and</subsection><subsection number="53-7-225.1(4)(b)">pursue all other legal remedies in addition to seeking damages under Subsection <xref depth="4" refnumber="53-7-225.1(4)(a)" start="0">(4)(a)</xref>.</subsection></subsection></section><section number="53-7-225.5"><histories><history>Amended by Chapter <modchap sess="2009GS">183</modchap>, 2009 General Session</history><modyear>2009</modyear></histories><catchline>Inspection and testing of automatic fire sprinkler systems -- Certification required.</catchline><subsection number="53-7-225.5(1)"> Each person engaged in the inspection and testing of automatic fire sprinkler systems shall be certified by the state fire marshal.</subsection><subsection number="53-7-225.5(2)"> The board shall by rule prescribe an application form and standards for certification qualification and for renewal and revocation.</subsection><subsection number="53-7-225.5(3)"> Applicants for certification as an automatic fire sprinkler system inspector and tester shall: <subsection number="53-7-225.5(3)(a)"> submit a written application on the form prescribed by the board;</subsection><subsection number="53-7-225.5(3)(b)"> provide evidence of competency as required by the board; and</subsection><subsection number="53-7-225.5(3)(c)"> submit the fee established under Subsection <xref depth="4" refid="C53-7-S225.5_1800010118000101" refnumber="53-7-225.5(4)" start="0">(4)</xref>.</subsection></subsection><subsection number="53-7-225.5(4)"> The board may establish an application fee under Section <xref depth="3" refid="C63J-1-S504_1800010118000101" refnumber="63J-1-504" start="0">63J-1-504</xref>.</subsection></section><section number="53-7-225.6"><histories><history>Amended by Chapter <modchap sess="2009GS">183</modchap>, 2009 General Session</history><modyear>2009</modyear></histories><catchline>Inspection and testing of fire alarm systems -- Certification and exceptions.</catchline><subsection number="53-7-225.6(1)"><subsection number="53-7-225.6(1)(a)"> Each person, other than fire and building inspectors and electricians licensed under <xref depth="1" refid="C58-55_1800010118000101" refnumber="58-55" start="0">Title 58, Chapter 55, Utah Construction Trades Licensing Act</xref>, engaged in the inspection and testing of fire alarm systems shall be certified by the state fire marshal.</subsection><subsection number="53-7-225.6(1)(b)"> The board shall by administrative rule prescribe:<subsection number="53-7-225.6(1)(b)(i)"> an application form; and</subsection><subsection number="53-7-225.6(1)(b)(ii)"> standards for certification qualification and for renewal and revocation.</subsection></subsection></subsection><subsection number="53-7-225.6(2)"> Applicants for certification as a fire alarm system inspector and tester shall: <subsection number="53-7-225.6(2)(a)"> submit a written application on the form prescribed by the board;</subsection><subsection number="53-7-225.6(2)(b)"> provide evidence of competency as required by the board; and</subsection><subsection number="53-7-225.6(2)(c)"> submit the fee established under Subsection <xref depth="4" refid="C53-7-S225.6_1800010118000101" refnumber="53-7-225.6(3)" start="0">(3)</xref>.</subsection></subsection><subsection number="53-7-225.6(3)"> The board may establish an application fee under Section <xref depth="3" refid="C63J-1-S504_1800010118000101" refnumber="63J-1-504" start="0">63J-1-504</xref>.</subsection></section><section number="53-7-226"><histories><history>Amended by Chapter <modchap sess="2024GS">343</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Violations -- Misdemeanor.</catchline><tab/>A person is guilty of a class B misdemeanor if he:<subsection number="53-7-226(1)">violates this part;</subsection><subsection number="53-7-226(2)">violates any order made under this part;</subsection><subsection number="53-7-226(3)">produces, reproduces, or uses the official seal of registration of the division in any manner or for any purpose inconsistent with the designated purpose of the seal;</subsection><subsection number="53-7-226(4)">removes, uses, or damages service tags or other labels or markings in a manner inconsistent with the designated use of the service tag;</subsection><subsection number="53-7-226(5)">engages in the sale, storage, or handling of division 1.4G common state approved explosives without a permit where a local government requires a permit;</subsection><subsection number="53-7-226(6)">sells at retail, transports, possesses, or discharges division 1.4G dangerous explosives;</subsection><subsection number="53-7-226(7)">performs or intends to perform services or induces the public to enter into any obligation relating to the performance of those services that are untrue, misleading, or reasonably known to be untrue or misleading; or</subsection><subsection number="53-7-226(8)">builds in violation of the division's plan review or written instructions conducted on building specifications, building plans, or amendments of those specifications or plans as required under this part.</subsection></section></part><part number="53-7-3"><catchline>Liquefied Petroleum Gas Act</catchline><section number="53-7-301"><histories><history>Enacted by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Short title.</catchline><tab/>This part is known as the "Liquefied Petroleum Gas Act." </section><section number="53-7-302"><histories><history>Amended by Chapter <modchap sess="2012GS">373</modchap>, 2012 General Session</history><modyear>2012</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="53-7-302(1)"> "Board" means the Liquefied Petroleum Gas Board created in Section <xref depth="3" refid="C53-7-S304_1800010118000101" refnumber="53-7-304" start="0">53-7-304</xref>.</subsection><subsection number="53-7-302(2)"> "Container" means any vessel, including cylinders, tanks, portable tanks, and cargo tanks used for transporting or storing liquefied petroleum gases, except containers subject to regulation and inspection by the Department of Transportation and under federal laws or regulations.</subsection><subsection number="53-7-302(3)"> "Distributor" means any person engaged in the distribution of liquefied petroleum gas, either wholesale or retail, including a commercial carrier, as identified by the Department of Transportation or the Interstate Commerce Commission, who transports or hauls liquefied petroleum gas that is to be distributed or sold within this state.</subsection><subsection number="53-7-302(4)"> "Enforcing authority" means the division, the municipal or county fire department, another fire-prevention agency acting within its jurisdiction, or the building official of any city or county and his authorized representatives.</subsection><subsection number="53-7-302(5)"> "Final consumer" means an individual or business who is the ultimate user of LPG.</subsection><subsection number="53-7-302(6)"> "Gas appliance" means any device that uses liquefied petroleum gas to produce light, heat, power, steam, hot water, refrigeration, or air conditioning.</subsection><subsection number="53-7-302(7)"> "Installer" means any person who has satisfactorily passed an examination under the supervision of the board, testing his knowledge and ability to install or properly repair domestic systems, industrial systems, liquefied petroleum gas carburetion systems, bulk plant systems, standby plant systems, or other similar systems, and who holds an installer's certificate under this part.</subsection><subsection number="53-7-302(8)"> "Licensee" means a person licensed by the board to engage in the liquefied petroleum gas business.</subsection><subsection number="53-7-302(9)"> "Liquefied petroleum gas" means any material having a vapor pressure not exceeding that allowed for commercial propane and composed predominantly of the following hydrocarbons, either by themselves or as mixtures: propane, propylene, butane, normal butane, or isobutane, and butylene, including isomers.</subsection><subsection number="53-7-302(10)"> "Liquefied petroleum gas carburetion system" means any carburetion system using liquefied petroleum gas as a fuel in a motor vehicle.</subsection><subsection number="53-7-302(11)"> "Liquefied petroleum gas fueling system" means an assembly consisting of compressors, containers, piping, and other delivery devices for the purpose of dispensing liquefied petroleum gas for use as a fuel in a motor vehicle.</subsection><subsection number="53-7-302(12)"> "LPG" means liquefied petroleum gas.</subsection><subsection number="53-7-302(13)"> "Person" means any individual, firm, partnership, joint venture, association, corporation, estate, trust, or any other group or combination acting as a unit, and includes: <subsection number="53-7-302(13)(a)"> a husband, wife, or both where joint benefits are derived from the operation of a business or activity subject to this part; and</subsection><subsection number="53-7-302(13)(b)"> any state, county, municipality, or other agency engaged in a business or activity subject to this part.</subsection></subsection><subsection number="53-7-302(14)"> "Red tag" means a card or device, red in color, containing printed notice of the condemnation of a liquefied petroleum gas system as a result of a violation of this part, or any rules or orders made by the board; the tag, when attached to the system, is official notice of condemnation and of the prohibition of further use, so long as the red tag remains lawfully affixed.</subsection><subsection number="53-7-302(15)"> "System" means an assembly consisting of one or more containers with a means for conveying LPG from the container or containers to dispensing or consuming devices, either continuously or intermittently, and that incorporates components intended to achieve control of quantity, flow, and pressure or state, either liquid or vapor.</subsection></section><section number="53-7-303"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Exclusions from part.</catchline><tab/>This part does not apply to any of the following:<subsection number="53-7-303(1)"> the production, refining, or manufacture of LPG;</subsection><subsection number="53-7-303(2)"> the storage, sale, or transportation of LPG by pipeline or railroad tank car by a pipeline company, producer, refiner, or manufacturer;</subsection><subsection number="53-7-303(3)"> equipment used by a pipeline company, producer, refiner, or manufacturer in a producing, refining, or manufacturing process or in the storage, sale, or transportation by pipeline or railroad tank car;</subsection><subsection number="53-7-303(4)"> any deliveries of LPG to another person at the place of production, refining, or manufacturing;</subsection><subsection number="53-7-303(5)"> underground storage facilities other than LPG containers designed for underground use;</subsection><subsection number="53-7-303(6)"> refineries, pipeline terminals, or natural gas processing plants.</subsection></section><section number="53-7-304"><histories><history>Amended by Chapter <modchap sess="2015GS">101</modchap>, 2015 General Session</history><modyear>2015</modyear></histories><catchline>Liquefied Petroleum Gas Board -- Creation -- Composition -- Appointment -- Terms of officers -- Meetings -- Compensation.</catchline><subsection number="53-7-304(1)"><subsection number="53-7-304(1)(a)"> There is created within the division the Liquefied Petroleum Gas Board.</subsection><subsection number="53-7-304(1)(b)"> The board is composed of seven members:<subsection number="53-7-304(1)(b)(i)"> two Utah fire chiefs or marshals;</subsection><subsection number="53-7-304(1)(b)(ii)"> two members of the general public; and</subsection><subsection number="53-7-304(1)(b)(iii)"> three members who are representatives of the LPG industry.</subsection></subsection></subsection><subsection number="53-7-304(2)"> The fire chiefs or marshals and the members of the general public shall be appointed by the governor, on a nonpartisan basis.</subsection><subsection number="53-7-304(3)"> Members of the board who are representatives of the LPG industry shall have been legal residents of the state for at least one year immediately preceding the date of appointment and have been actively engaged in the LPG industry for a period of at least five years.</subsection><subsection number="53-7-304(4)"> The LPG industry representatives shall be appointed by the governor from a list of at least five but no more than the 12 nominees receiving the largest number of votes according to written ballots executed by representatives of the licensees under Subsection <xref depth="4" refnumber="53-7-304(7)" start="0">(7)</xref>.</subsection><subsection number="53-7-304(5)"><subsection number="53-7-304(5)(a)"> Except as required by Subsection <xref depth="4" refnumber="53-7-304(5)(b)" start="0">(5)(b)</xref>, as terms of current board members expire, the governor shall appoint each new member or reappointed member to a four-year term.</subsection><subsection number="53-7-304(5)(b)"> Notwithstanding the requirements of Subsection <xref depth="4" refnumber="53-7-304(5)(a)" start="0">(5)(a)</xref>, the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.</subsection><subsection number="53-7-304(5)(c)"> Members serve from the date of appointment until a replacement is appointed.</subsection></subsection><subsection number="53-7-304(6)"> When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.</subsection><subsection number="53-7-304(7)"><subsection number="53-7-304(7)(a)"> The balloting of licensees shall be conducted by the division.</subsection><subsection number="53-7-304(7)(b)"> For the appointments, the division shall forward to each licensee an official ballot for each staffed plant or facility held under Section <xref depth="3" refnumber="53-7-309" start="0">53-7-309</xref>, with instructions for executing the ballot and returning it to the division.</subsection><subsection number="53-7-304(7)(c)"> The division shall send the official ballot and instructions described in Subsection <xref depth="4" refnumber="53-7-304(7)(b)" start="0">(7)(b)</xref> by:<subsection number="53-7-304(7)(c)(i)"> registered or certified United States mail; or</subsection><subsection number="53-7-304(7)(c)(ii)"> email.</subsection></subsection></subsection><subsection number="53-7-304(8)"><subsection number="53-7-304(8)(a)"> The board shall elect its own chair and vice chair at its first regular meeting each calendar year.</subsection><subsection number="53-7-304(8)(b)"> All meetings of the board shall be held on a prescribed date, at least quarterly, and at any time a majority of the board members sends a request to the board chair.</subsection><subsection number="53-7-304(8)(c)"> A majority of the members of the board is a quorum for the transaction of business.</subsection></subsection><subsection number="53-7-304(9)"> A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: <subsection number="53-7-304(9)(a)"> Section <xref depth="3" refnumber="63A-3-106" start="0">63A-3-106</xref>;</subsection><subsection number="53-7-304(9)(b)"> Section <xref depth="3" refnumber="63A-3-107" start="0">63A-3-107</xref>; and</subsection><subsection number="53-7-304(9)(c)"> rules made by the Division of Finance pursuant to Sections <xref depth="3" refnumber="63A-3-106" start="0">63A-3-106</xref> and <xref depth="3" refnumber="63A-3-107" start="0">63A-3-107</xref>.</subsection></subsection></section><section number="53-7-305"><histories><history>Amended by Chapter <modchap sess="2001GS">25</modchap>, 2001 General Session</history><modyear>2001</modyear></histories><catchline>Board rulemaking -- Notice.</catchline><subsection number="53-7-305(1)"><subsection number="53-7-305(1)(a)"> The board shall make rules as reasonably necessary for the protection of the health, welfare, and safety of the public and persons using LPG.</subsection><subsection number="53-7-305(1)(b)"> The rules shall be in substantial conformity with the generally accepted standards of safety concerning LPG, and shall include the following conditions:<subsection number="53-7-305(1)(b)(i)"> the rules relating to safety in the storage, distribution, dispensing, transporting, and use of LPG in this state and in the manufacture, fabrication, assembly, sale, installation, and use of LPG systems, containers, apparatus, or appliances shall be reasonable; and</subsection><subsection number="53-7-305(1)(b)(ii)"> the rules shall conform as nearly as possible to the standards of the National Fire Protection Association, relating to the design, construction, installation, and use of systems, containers, apparatus, appliances, and pertinent equipment for the storage, transportation, dispensation, and use of LPG.</subsection></subsection></subsection><subsection number="53-7-305(2)"> The board may make rules: <subsection number="53-7-305(2)(a)"> setting minimum general standards covering the design, construction, location, installation, and operation of equipment for storing, handling, transporting by tank truck or tank trailer, or using LPG;</subsection><subsection number="53-7-305(2)(b)"> specifying the odorization of the gases and the degree of odorization;</subsection><subsection number="53-7-305(2)(c)"> governing LPG distributors and installers and the installation of LPG systems, carburetion systems, and fueling systems; and</subsection><subsection number="53-7-305(2)(d)"> prescribing maximum container removal rates.</subsection></subsection><subsection number="53-7-305(3)"><subsection number="53-7-305(3)(a)"> When a proposed rule is filed, the board shall give at least 10 days' notice to all license applicants and licensees under this chapter by sending a notice of the proposed new, revised, or amended rule together with a notice of hearing to the licensee's current address on file with the board.</subsection><subsection number="53-7-305(3)(b)"> Any person affected by rulemaking under this part may submit comment, in a format prescribed by the board, on the rule.</subsection><subsection number="53-7-305(3)(c)"> A certificate citing the adoption and the effective date of a rule shall be signed by the members comprising a majority of the board.</subsection><subsection number="53-7-305(3)(d)"> Within 10 days after the adoption of the rule, the board shall send to each license applicant or licensee, at his current address on file, a notice of the adoption of the rule, including its effective date.</subsection><subsection number="53-7-305(3)(e)"> A facsimile of any member's signature may be used under this section if authorized by the member.</subsection></subsection></section><section number="53-7-306"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Duties and powers of the board -- Fee setting.</catchline><subsection number="53-7-306(1)"> The board shall monitor rates charged in the industry for container removal.</subsection><subsection number="53-7-306(2)"> The board may: <subsection number="53-7-306(2)(a)"> set civil penalties for violation of any rule or order made under this part;</subsection><subsection number="53-7-306(2)(b)"> in conducting hearings on the issuance or revocation of any license:<subsection number="53-7-306(2)(b)(i)"> compel the attendance of witnesses by subpoena;</subsection><subsection number="53-7-306(2)(b)(ii)"> require the production of any records or documents determined by it to be pertinent to the subject matter of the hearing; and</subsection><subsection number="53-7-306(2)(b)(iii)"> apply to the district court of the county where the hearing is held for an order citing any applicant or witness for contempt, and for failure to attend, testify, or produce required documents;</subsection></subsection><subsection number="53-7-306(2)(c)"> suspend or revoke licenses and refuse renewals of licenses if the applicant or licensee has been guilty of conduct harmful to either the safety or protection of the public;</subsection><subsection number="53-7-306(2)(d)"> adopt bylaws for its procedures and methods of operation; and</subsection><subsection number="53-7-306(2)(e)"> at the request of the enforcing authority, grant exceptions from its rules to accommodate local needs as it determines to be in the best interest of public safety or the persons using LPG materials or services.</subsection></subsection><subsection number="53-7-306(3)"> The board shall, in accordance with Section <xref depth="3" refid="C53-7-S314_1800010118000101" refnumber="53-7-314" start="0">53-7-314</xref>, establish fees to cover the cost of administering this section.</subsection></section><section number="53-7-307"><histories><history>Amended by Chapter <modchap sess="2013GS">247</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>Duties of the division.</catchline><tab/>The division shall:<subsection number="53-7-307(1)"> prescribe the method and form to apply for, or renew, a LPG license or certificate, with the approval of the board;</subsection><subsection number="53-7-307(2)"> investigate the experience, reputation, and background of applicants and persons who hold a license or certificate and who are applying for renewal;</subsection><subsection number="53-7-307(3)"> recommend to the board issuing, renewing, suspending, revoking, and denying licenses or certificates;</subsection><subsection number="53-7-307(4)"> assist the board in conducting hearings in connection with the applications for, renewal of, suspension of, or revocation of, licenses or certificates;</subsection><subsection number="53-7-307(5)"> submit to the governor a biennial report before September 1 of each even-numbered year, covering the board's transactions during the biennium ending June 30 of that year, including a complete statement of the receipts and expenditures of the board during that period;</subsection><subsection number="53-7-307(6)"> keep accurate records and minutes of all meetings, which shall be open to public inspection at all reasonable times, and keep a public record of all applications for licenses and licenses issued by the board;</subsection><subsection number="53-7-307(7)"> conduct examinations of every license applicant to determine the responsibility, ability, knowledge, experience, or other qualifications of the applicant for a license;</subsection><subsection number="53-7-307(8)"> require competency testing for all employees and subcontractors of licensees engaged in transporting or dispensing LPG or installing, servicing, or repairing an LPG fueling or carburetion system under this part;</subsection><subsection number="53-7-307(9)"> prepare applications, collect fees, and issue licenses for any facility that handles LPG;</subsection><subsection number="53-7-307(10)"> provide for or direct the inspection of the site of any facility that stores, dispenses, services, or handles LPG;</subsection><subsection number="53-7-307(11)"> provide inspections to any facility where a qualified authority does not exist; and</subsection><subsection number="53-7-307(12)"> prepare and administer examinations, collect fees, and issue LPG certificates to personnel who handle or work with LPG.</subsection></section><section number="53-7-308"><histories><history>Amended by Chapter <modchap sess="2012GS">373</modchap>, 2012 General Session</history><modyear>2012</modyear></histories><catchline>Licenses and certificates.</catchline><tab/>A person may not engage in any of the following activities related to LPG unless the person has obtained an authorizing license or certification from the board:<subsection number="53-7-308(1)"> container activities, including the manufacture, assembly, repair, sale, installation, or subframing of containers for use in this state, except that a license is not required for the sale of new containers of 96 pounds water capacity or less;</subsection><subsection number="53-7-308(2)"> systems activities, including: <subsection number="53-7-308(2)(a)"> the installation, service, or repair of LPG systems for use in this state; and</subsection><subsection number="53-7-308(2)(b)"> laying or connecting of pipes and fittings connecting with or to systems or servicing a system and appliances to be used with LPG as a fuel;</subsection></subsection><subsection number="53-7-308(3)"> appliance activities, including the service, installation, or repair of appliances used or to be used in this state in connection with systems using LPG as a fuel; or</subsection><subsection number="53-7-308(4)"> product activities, including the sale, transportation, dispensation, or storage of LPG in this state, except that a license or certification is not required for a person: <subsection number="53-7-308(4)(a)"> who sells LPG but does not obtain possessory rights to the product sold; or</subsection><subsection number="53-7-308(4)(b)"> when the product is stored, transferred, or used by the final consumer.</subsection></subsection></section><section number="53-7-309"><histories><history>Amended by Chapter <modchap sess="2010GS">324</modchap>, 2010 General Session</history><modyear>2010</modyear></histories><catchline>Classification of applicants and licensees.</catchline><subsection number="53-7-309(1)"> To administer this part, the board shall classify all applicants and licensees as follows: <subsection number="53-7-309(1)(a)"> Class 1: a licensed dealer who:<subsection number="53-7-309(1)(a)(i)"> is engaged in the business of installing gas appliances or systems for the use of LPG;</subsection><subsection number="53-7-309(1)(a)(ii)"> sells, fills, refills, delivers, or is permitted to deliver any LPG; or</subsection><subsection number="53-7-309(1)(a)(iii)"> is involved under both Subsections <xref depth="4" refid="C53-7-S309_1800010118000101" refnumber="53-7-309(1)(a)(i)" start="0">(1)(a)(i)</xref> and <xref depth="4" refid="C53-7-S309_1800010118000101" refnumber="53-7-309(1)(a)(ii)" start="0">(ii)</xref>.</subsection></subsection><subsection number="53-7-309(1)(b)"> Class 2: a business engaged in the sale, transportation, and exchange of cylinders, or engaged in more than one of these, but not transporting or transferring gas in liquid.</subsection><subsection number="53-7-309(1)(c)"> Class 3: a business not engaged in the sale of LPG, but engaged in the sale and installation of gas appliances or LPG systems.</subsection><subsection number="53-7-309(1)(d)"> Class 4: those businesses not specifically within classification 1, 2, or 3 may at the discretion of the board be issued special licenses.</subsection></subsection><subsection number="53-7-309(2)"><subsection number="53-7-309(2)(a)"> Any license granted under this section entitles the licensee to operate a staffed plant or facility consistent with the license at one location, which is stated in the license, under Section <xref depth="3" refid="C53-7-S310_1800010118000101" refnumber="53-7-310" start="0">53-7-310</xref>.</subsection><subsection number="53-7-309(2)(b)"> For each additional staffed plant or facility owned or operated by the licensee, the licensee shall register the additional location with the board and pay an additional annual fee, to be set in accordance with Section <xref depth="3" refid="C53-7-S314_1800010118000101" refnumber="53-7-314" start="0">53-7-314</xref>.</subsection></subsection></section><section number="53-7-310"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>License specifications and limits.</catchline><subsection number="53-7-310(1)"><subsection number="53-7-310(1)(a)"> A license issued under this part shall state the name of the person or persons to whom it is issued.</subsection><subsection number="53-7-310(1)(b)"> The license shall specify the location, by street and number, of the premises for which it is issued and the particular classification of the license authorizing the type of staffed plant or facility to be conducted.</subsection><subsection number="53-7-310(1)(c)"> The registration of additional staffed plants or facilities, under Subsection <xref depth="4" refid="C53-7-S309_1800010118000101" refnumber="53-7-309(2)" start="0">53-7-309(2)</xref>, shall specify the location, by street and number, of the premises for which it is issued and the particular classification of the license authorizing the type of business to be conducted.</subsection></subsection><subsection number="53-7-310(2)"><subsection number="53-7-310(2)(a)"> Any license issued under this part is not transferable by the licensee or licensees to any other person, firm, association, partnership, or corporation, and is valid only for the particular premises and particular persons described on the license.</subsection><subsection number="53-7-310(2)(b)"> If there is any transfer or change in the ownership, the change shall be reported to the board within 30 days.</subsection><subsection number="53-7-310(2)(c)"> A license or registration fee paid under this part may not be refunded when any license issued is no longer valid because of:<subsection number="53-7-310(2)(c)(i)"> a voluntary transfer of any nature;</subsection><subsection number="53-7-310(2)(c)(ii)"> revocation under this part;</subsection><subsection number="53-7-310(2)(c)(iii)"> death of the holder;</subsection><subsection number="53-7-310(2)(c)(iv)"> insolvency;</subsection><subsection number="53-7-310(2)(c)(v)"> assignment for the benefit of creditors; or</subsection><subsection number="53-7-310(2)(c)(vi)"> for any other reason determined by rule of the board.</subsection></subsection></subsection></section><section number="53-7-311"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Certification of licensees for certain activities.</catchline><subsection number="53-7-311(1)"> A person that transports or dispenses LPG or that installs, repairs, or services appliances, containers, equipment, systems, or piping for the use of LPG shall be certified by the division by passing an appropriate examination based on the safety requirements of the board.</subsection><subsection number="53-7-311(2)"><subsection number="53-7-311(2)(a)"> A trainee employee is exempt from this examination for 45 working days, and until examined by a representative of the board. A trainee employee, during the 45-day period, shall be supervised by a qualified instructor.</subsection><subsection number="53-7-311(2)(b)"> Any LPG licensee hiring a trainee shall, within 20 days of the commencement of employment, notify the board, so that an examination may be scheduled. If the trainee fails to pass the examination, the trainee may retake it after additional instruction. Prior to retaking the exam, the trainee shall again be supervised by a qualified instructor.</subsection></subsection><subsection number="53-7-311(3)"><subsection number="53-7-311(3)(a)"> The board shall establish a reasonable fee in accordance with Section <xref depth="3" refid="C53-7-S314_1800010118000101" refnumber="53-7-314" start="0">53-7-314</xref> to cover the costs of administering the examination.</subsection><subsection number="53-7-311(3)(b)"> All examinations shall be administered by the division.</subsection></subsection></section><section number="53-7-312"><histories><history>Amended by Chapter <modchap sess="1995GS">14</modchap>, 1995 General Session</history><modyear>1995</modyear></histories><catchline>Division approval of certain storage system plans -- Procedure.</catchline><subsection number="53-7-312(1)"><subsection number="53-7-312(1)(a)"> The complete plans and specifications for all systems involving the storage of more than 5,000 water gallons of LPG shall be submitted to the division by a person licensed under this part, and receive approval by the division before installation is started. The plans shall be drawn to scale and contain sufficient detail and clarity as necessary to indicate the nature and character of the proposed system and its compliance with this part.</subsection><subsection number="53-7-312(1)(b)"> Two copies of the plans shall be submitted to the division and one copy shall be returned to the applicant with approval or disapproval indicated on it.</subsection></subsection><subsection number="53-7-312(2)"><subsection number="53-7-312(2)(a)"> For dispensing systems for 5,000 water gallons or less of LPG, a detailed sketch or plan shall be submitted to the division by a person licensed under this part, and receive approval by the division before installation is started.</subsection><subsection number="53-7-312(2)(b)"> Two copies of the plans shall be submitted to the division and one copy shall be returned to the applicant with approval or disapproval indicated on it.</subsection></subsection></section><section number="53-7-313"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Removal of LPG containers -- Reasonableness of rates.</catchline><subsection number="53-7-313(1)"> Rates charged for removal of leased LPG containers shall be reasonable.</subsection><subsection number="53-7-313(2)"> The lessor of an LPG container shall credit the lessee's account the current retail price for the amount of LPG remaining in the leased container at the time the container is removed.</subsection></section><section number="53-7-314"><histories><history>Amended by Chapter <modchap sess="2010GS">391</modchap>, 2010 General Session</history><modyear>2010</modyear></histories><catchline>Fees -- Setting -- Deposit -- Use.</catchline><subsection number="53-7-314(1)"> The board shall establish fees authorized in this part in accordance with the procedures specified in Section <xref depth="3" refid="C63J-1-S504_1800010118000101" refnumber="63J-1-504" start="0">63J-1-504</xref>, but the fees shall be deposited as provided in Subsection <xref depth="4" refid="C53-7-S314_1800010118000101" refnumber="53-7-314(2)" start="0">(2)</xref>.</subsection><subsection number="53-7-314(2)"> Fees collected by the division under this part, shall be deposited with the state treasurer as a dedicated credit, to be used for the implementation of this part.</subsection></section><section number="53-7-315"><histories><history>Amended by Chapter <modchap sess="2010GS">324</modchap>, 2010 General Session</history><modyear>2010</modyear></histories><catchline>Enforcement of part and rules.</catchline><subsection number="53-7-315(1)"> Except as provided in Subsection <xref depth="4" refid="C53-7-S315_1800010118000101" refnumber="53-7-315(6)" start="0">(6)</xref>, this part, the rules made under it, and orders issued by the board are enforced by: <subsection number="53-7-315(1)(a)"> the enforcing authority, unless otherwise provided by the board; and</subsection><subsection number="53-7-315(1)(b)"> the board.</subsection></subsection><subsection number="53-7-315(2)"><subsection number="53-7-315(2)(a)"> A person who knowingly violates or fails to comply with this part is guilty of a class B misdemeanor and is punishable by a fine of not less than $50 nor more than $500.</subsection><subsection number="53-7-315(2)(b)"> A person previously convicted under Subsection <xref depth="4" refid="C53-7-S315_1800010118000101" refnumber="53-7-315(2)(a)" start="0">(2)(a)</xref> who knowingly violates or fails to comply with this part is guilty of a class B misdemeanor and is punishable by a fine of not less than $200 nor more than $2,000.</subsection><subsection number="53-7-315(2)(c)"> Each day the violation or failure to comply continues constitutes a separate offense.</subsection></subsection><subsection number="53-7-315(3)"> The enforcing authority may enter the premises of a licensee under this part, or any building or other premises open to the public, at any reasonable time, for the purpose of determining and verifying compliance with this part and the rules and orders of the board.</subsection><subsection number="53-7-315(4)"> An enforcing authority may declare any container, appliance, equipment, transport, or system that does not conform to the safety requirements of this part or the rules or orders of the board, or that is otherwise defective, as unsafe or dangerous for LPG service, and shall attach a red tag in a conspicuous location.</subsection><subsection number="53-7-315(5)"><subsection number="53-7-315(5)(a)"> A person who knowingly sells, furnishes, delivers, or supplies LPG for storage in, or use or consumption by, or through, a container, appliance, transport, or system to which a red tag is attached is guilty of a class B misdemeanor punishable by a fine of not less than $100 and not more than $2,000.</subsection><subsection number="53-7-315(5)(b)"> Liquefied petroleum gas shall be removed from a container to which a red tag is attached only as provided by rules made by the board.</subsection><subsection number="53-7-315(5)(c)"> An unauthorized person who knowingly removes, destroys, or in any way obliterates a red tag attached to a container, appliance, transport, or system is guilty of a class B misdemeanor punishable by a fine of not less than $50 and not more than $2,000.</subsection><subsection number="53-7-315(5)(d)"> The enforcing authority may establish and collect a fee for any services or inspections required by this part, the rules made under it, and orders issued by the board. The fee shall be reasonable and may not exceed the amount of the cost of service or inspection provided. Fees collected under this subsection may be retained by the enforcing authority, and shall be applied to the expenses of providing these services.</subsection></subsection><subsection number="53-7-315(6)"><subsection number="53-7-315(6)(a)"> Except as provided in Subsection <xref depth="4" refid="C53-7-S315_1800010118000101" refnumber="53-7-315(6)(c)" start="0">(6)(c)</xref>, a person who fills a leased container in violation of the terms of a written lease is liable in an action by the container lessor for the greater of:<subsection number="53-7-315(6)(a)(i)"> the actual damages to the container lessor, including incidental and consequential damages and attorneys' fees; or</subsection><subsection number="53-7-315(6)(a)(ii)"> $500 for each violation.</subsection></subsection><subsection number="53-7-315(6)(b)"><subsection number="53-7-315(6)(b)(i)"> The burden of ascertaining the terms of a written lease for purposes of Subsection <xref depth="4" refid="C53-7-S315_1800010118000101" refnumber="53-7-315(6)(a)" start="0">(6)(a)</xref> is on the person filling the container.</subsection><subsection number="53-7-315(6)(b)(ii)"> A person has ascertained the terms of a written lease if he has: <subsection number="53-7-315(6)(b)(ii)(A)"> read the lease;</subsection><subsection number="53-7-315(6)(b)(ii)(B)"> received the assurance of the container owner that the lease does not prohibit the person from filling the container;</subsection><subsection number="53-7-315(6)(b)(ii)(C)"> obtained a signed, written statement from the lessee that the written lease does not prohibit the person from filling the container; or</subsection><subsection number="53-7-315(6)(b)(ii)(D)"> the leased container is clearly labelled as a container subject to lease terms prohibiting the filling of the container without the lessor's permission.</subsection></subsection></subsection><subsection number="53-7-315(6)(c)"> If a lessee or lessor misrepresents his ownership or the terms of his written lease under Subsection <xref depth="4" refid="C53-7-S315_1800010118000101" refnumber="53-7-315(6)(b)" start="0">(6)(b)</xref>, the lessee or lessor who made the misrepresentation, and not the person filling the tank, is liable for the damages under Subsection <xref depth="4" refid="C53-7-S315_1800010118000101" refnumber="53-7-315(6)(a)" start="0">(6)(a)</xref>.</subsection></subsection><subsection number="53-7-315(7)"> If a written container lease entered into after May 1, 1992, restricts the right to fill a leased container, the restriction shall be plainly stated in the lease in any manner designed to draw the attention of the lessee to the lease provision, including: <subsection number="53-7-315(7)(a)"> typing the restriction in at least two point larger type than the majority of the document type;</subsection><subsection number="53-7-315(7)(b)"> underlining the restriction; or</subsection><subsection number="53-7-315(7)(c)"> typing the restriction in boldface type.</subsection></subsection><subsection number="53-7-315(8)"> A lessor whose container lease does not comply with Subsection <xref depth="4" refid="C53-7-S315_1800010118000101" refnumber="53-7-315(7)" start="0">(7)</xref> is disqualified from protection under Subsection <xref depth="4" refid="C53-7-S315_1800010118000101" refnumber="53-7-315(6)" start="0">(6)</xref>.</subsection></section><section number="53-7-316"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Effect of part on state and local provision.</catchline><subsection number="53-7-316(1)"> This part supersedes all other conflicting state laws or rules concerning LPG as regulated under this part.</subsection><subsection number="53-7-316(2)"> A municipality or other political subdivision may not adopt or enforce any ordinance or rule in conflict with this part, or with the rules made under this part.</subsection></section></part><part number="53-7-4"><catchline>The Reduced Cigarette Ignition Propensity and Firefighter Protection Act</catchline><section number="53-7-401"><histories><history>Enacted by Chapter <modchap sess="2007GS">362</modchap>, 2007 General Session</history><modyear>2007</modyear></histories><catchline>Title.</catchline><tab/>This part is known as the "The Reduced Cigarette Ignition Propensity and Firefighter Protection Act." </section><section number="53-7-402"><histories><history>Enacted by Chapter <modchap sess="2007GS">362</modchap>, 2007 General Session</history><modyear>2007</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="53-7-402(1)"> "Agent" means any person authorized by the State Tax Commission to purchase and affix stamps on packages of cigarettes.</subsection><subsection number="53-7-402(2)"> "Cigarette" means any roll for smoking made wholly or in part of tobacco, irrespective of size or shape, and whether or not such tobacco is flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of paper or any other substance or material except tobacco.</subsection><subsection number="53-7-402(3)"> "Manufacturer" means: <subsection number="53-7-402(3)(a)"> any entity which:<subsection number="53-7-402(3)(a)(i)"> manufactures or otherwise produces cigarettes to be sold in the state;</subsection><subsection number="53-7-402(3)(a)(ii)"> causes cigarettes to be manufactured or produced anywhere with the intent to sell in the state; or</subsection><subsection number="53-7-402(3)(a)(iii)"> manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced with the intent to sell in the United States through an importer;</subsection></subsection><subsection number="53-7-402(3)(b)"> the first purchaser anywhere that intends to resell in the United States cigarettes manufactured anywhere that the original manufacturer or maker does not intend to be sold in the United States; or</subsection><subsection number="53-7-402(3)(c)"> any entity that becomes a successor of an entity described in Subsection <xref depth="4" refid="C53-7-S402_1800010118000101" refnumber="53-7-402(3)(a)" start="0">(3)(a)</xref> or <xref depth="4" refid="C53-7-S402_1800010118000101" refnumber="53-7-402(3)(b)" start="0">(3)(b)</xref>.</subsection></subsection><subsection number="53-7-402(4)"> "Quality control and quality assurance program" means the laboratory procedures implemented to ensure that operator bias, systematic, and nonsystematic methodological errors, and equipment related problems do not affect the results of the testing. Such a program ensures that the testing repeatability remains within the required repeatability values stated in Subsection <xref depth="4" refid="C53-7-S403_1800010118000101" refnumber="53-7-403(2)(f)" start="0">53-7-403(2)(f)</xref> for all test trials used to certify cigarettes in accordance with this part.</subsection><subsection number="53-7-402(5)"> "Repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95% of the time.</subsection><subsection number="53-7-402(6)"> "Retail dealer" means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products.</subsection><subsection number="53-7-402(7)"> "Sale": <subsection number="53-7-402(7)(a)"> means any transfer of title or possession or both, exchange or barter, conditional or otherwise, in any manner or by any means whatever or any agreement therefore; and</subsection><subsection number="53-7-402(7)(b)"> includes, in addition to cash and credit sales, the giving of cigarettes as samples, prizes, or gifts, and the exchanging of cigarettes for any consideration other than money.</subsection></subsection><subsection number="53-7-402(8)"> "Sell" means to sell, or to offer or agree to sell.</subsection><subsection number="53-7-402(9)"> "Wholesale dealer" means: <subsection number="53-7-402(9)(a)"> any person who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale; and</subsection><subsection number="53-7-402(9)(b)"> any person who owns, operates, or maintains one or more cigarette or tobacco product vending machines in, at, or upon premises owned or occupied by any other person.</subsection></subsection></section><section number="53-7-403"><histories><history>Enacted by Chapter <modchap sess="2007GS">362</modchap>, 2007 General Session</history><modyear>2007</modyear></histories><catchline>Test method and performance standard.</catchline><subsection number="53-7-403(1)"> Except as provided in Subsection <xref depth="4" refid="C53-7-S403_1800010118000101" refnumber="53-7-403(8)" start="0">(8)</xref>, no cigarettes may be sold or offered for sale in this state or offered for sale or sold to persons located in this state unless: <subsection number="53-7-403(1)(a)"> the cigarettes have been tested in accordance with the test method required by this section;</subsection><subsection number="53-7-403(1)(b)"> the cigarettes meet the performance standard specified in this section;</subsection><subsection number="53-7-403(1)(c)"> a written certification has been filed by the manufacturer with the state fire marshal in accordance with Section <xref depth="3" refid="C53-7-S404_1800010118000101" refnumber="53-7-404" start="0">53-7-404</xref>; and</subsection><subsection number="53-7-403(1)(d)"> the cigarettes have been marked in accordance with Section <xref depth="3" refid="C53-7-S405_1800010118000101" refnumber="53-7-405" start="0">53-7-405</xref>.</subsection></subsection><subsection number="53-7-403(2)"><subsection number="53-7-403(2)(a)"> Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials ("ASTM") standard E2187-04, "Standard Test Method for Measuring the Ignition Strength of Cigarettes."</subsection><subsection number="53-7-403(2)(b)"> Testing shall be conducted on 10 layers of filter paper.</subsection><subsection number="53-7-403(2)(c)"> No more than 25% of the cigarettes tested in a test trial in accordance with this section shall exhibit full-length burns. Forty replicate tests shall comprise a complete test trial for each cigarette tested.</subsection><subsection number="53-7-403(2)(d)"> The performance standard required by this section shall only be applied to a complete test trial.</subsection><subsection number="53-7-403(2)(e)"> Written certifications shall be based upon testing conducted by a laboratory that has been accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization ("ISO"), or other comparable accreditation standard required by the state fire marshal.</subsection><subsection number="53-7-403(2)(f)"> Laboratories conducting testing in accordance with this section shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results. The repeatability value shall be no greater than 0.19.</subsection><subsection number="53-7-403(2)(g)"> This section does not require additional testing if cigarettes are tested consistent with this part for any other purpose.</subsection><subsection number="53-7-403(2)(h)"> Testing performed or sponsored by the state fire marshal to determine a cigarette's compliance with the performance standard required shall be conducted in accordance with this section.</subsection></subsection><subsection number="53-7-403(3)"> Each cigarette listed in a certification submitted pursuant to Section <xref depth="3" refid="C53-7-S404_1800010118000101" refnumber="53-7-404" start="0">53-7-404</xref> that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in this section shall have at least two nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least 15 millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least two bands fully located at least 15 millimeters from the lighting end and 10 millimeters from the filter end of the tobacco column, or 10 millimeters from the labeled end of the tobacco column for nonfiltered cigarettes.</subsection><subsection number="53-7-403(4)"> A manufacturer of a cigarette that the state fire marshal determines cannot be tested in accordance with the test method prescribed in Subsection <xref depth="4" refid="C53-7-S403_1800010118000101" refnumber="53-7-403(2)(a)" start="0">(2)(a)</xref> shall propose a test method and performance standard for the cigarette to the state fire marshal. Upon approval of the proposed test method and a determination by the state fire marshal that the performance standard proposed by the manufacturer is equivalent to the performance standard prescribed in Subsection <xref depth="4" refid="C53-7-S403_1800010118000101" refnumber="53-7-403(2)(c)" start="0">(2)(c)</xref>, the manufacturer may employ such test method and performance standard to certify such cigarette pursuant to Section <xref depth="3" refid="C53-7-S404_1800010118000101" refnumber="53-7-404" start="0">53-7-404</xref>. If the state fire marshal determines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this part, and the state fire marshal finds that the officials responsible for implementing those requirements have approved the proposed alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state's law or regulation under a legal provision comparable to this section, then the state fire marshal shall authorize that manufacturer to employ the alternative test method and performance standard to certify that cigarette for sale in this state, unless the state fire marshal demonstrates a reasonable basis why the alternative test should not be accepted under this part. All other applicable requirements of this section shall apply to the manufacturer.</subsection><subsection number="53-7-403(5)"> Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for a period of three years, and shall make copies of these reports available to the state fire marshal and the attorney general upon written request. Any manufacturer who fails to make copies of these reports available within 60 days of receiving a written request shall be subject to a civil penalty not to exceed $10,000 for each day after the sixtieth day that the manufacturer does not make the copies available.</subsection><subsection number="53-7-403(6)"> The state fire marshal may adopt a subsequent ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes upon a finding that the subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM Standard E2187-04 and the performance standard in Subsection <xref depth="4" refid="C53-7-S403_1800010118000101" refnumber="53-7-403(2)(c)" start="0">(2)(c)</xref>.</subsection><subsection number="53-7-403(7)"> The state fire marshal shall review the effectiveness of this section and report every three years to the Legislature the state fire marshal's findings and, if appropriate, recommendations for legislation to improve the effectiveness of this section. The report and legislative recommendations shall be submitted no later than November 1, 2011 and every November 1 of each three-year period thereafter.</subsection><subsection number="53-7-403(8)"> The requirements of Subsection <xref depth="4" refid="C53-7-S403_1800010118000101" refnumber="53-7-403(1)" start="0">(1)</xref> shall not prohibit wholesale or retail dealers from selling their existing inventory of cigarettes on or after July 1, 2008 if the wholesale or retail dealer can establish that state tax stamps were affixed to the cigarettes prior to July 1, 2008, and if the wholesale or retail dealer can establish that the inventory was purchased prior to July 1, 2008 in comparable quantity to the inventory purchased during the same period of the prior year.</subsection><subsection number="53-7-403(9)"> This part shall be implemented in accordance with the implementation and substance of the New York Fire Safety Standards for Cigarettes.</subsection></section><section number="53-7-404"><histories><history>Amended by Chapter <modchap sess="2008GS">216</modchap>, 2008 General Session</history><modyear>2008</modyear></histories><catchline>Certification and product change -- Restricted account created.</catchline><subsection number="53-7-404(1)"> Each manufacturer shall submit to the state fire marshal a written certification attesting that: <subsection number="53-7-404(1)(a)"> each cigarette listed in the certification has been tested in accordance with Section <xref depth="3" refid="C53-7-S403_1800010118000101" refnumber="53-7-403" start="0">53-7-403</xref>; and</subsection><subsection number="53-7-404(1)(b)"> each cigarette listed in the certification meets the performance standard set forth in Subsection <xref depth="4" refid="C53-7-S403_1800010118000101" refnumber="53-7-403(2)(c)" start="0">53-7-403(2)(c)</xref>.</subsection></subsection><subsection number="53-7-404(2)"> Each cigarette listed in the certification shall be described with the following information: <subsection number="53-7-404(2)(a)"> brand, or trade name on the package;</subsection><subsection number="53-7-404(2)(b)"> style, such as light or ultra light;</subsection><subsection number="53-7-404(2)(c)"> length in millimeters;</subsection><subsection number="53-7-404(2)(d)"> circumference in millimeters;</subsection><subsection number="53-7-404(2)(e)"> flavor, such as menthol or chocolate, if applicable;</subsection><subsection number="53-7-404(2)(f)"> filter or nonfilter;</subsection><subsection number="53-7-404(2)(g)"> package description, such as soft pack or box;</subsection><subsection number="53-7-404(2)(h)"> marking approved in accordance with Section <xref depth="3" refid="C53-7-S405_1800010118000101" refnumber="53-7-405" start="0">53-7-405</xref>;</subsection><subsection number="53-7-404(2)(i)"> the name, address, and telephone number of the laboratory, if different than the manufacturer that conducted the test; and</subsection><subsection number="53-7-404(2)(j)"> the date that the testing occurred.</subsection></subsection><subsection number="53-7-404(3)"> The certifications shall be made available to the attorney general for purposes consistent with this part and the State Tax Commission for the purposes of ensuring compliance with this section.</subsection><subsection number="53-7-404(4)"> Each cigarette certified under this section shall be recertified every three years.</subsection><subsection number="53-7-404(5)"> For each cigarette listed in a certification, a manufacturer shall pay to the state fire marshal a $250 fee. The state fire marshal is authorized to annually adjust this fee to ensure it defrays the actual costs of the processing, testing, enforcement, and oversight activities required by this part.</subsection><subsection number="53-7-404(6)"><subsection number="53-7-404(6)(a)"> Beginning July 1, 2008, there is created a restricted account within the General Fund called the "Reduced Cigarette Ignition Propensity and Firefighter Protection Act Enforcement Account."</subsection><subsection number="53-7-404(6)(b)"> The account created in Subsection <xref depth="4" refid="C53-7-S404_1800010118000101" refnumber="53-7-404(6)(a)" start="0">(6)(a)</xref> shall consist of all certification fees submitted by manufacturers.</subsection><subsection number="53-7-404(6)(c)"><subsection number="53-7-404(6)(c)(i)"> The state treasurer shall invest money in the account according to <xref depth="1" refid="C51-7_1800010118000101" refnumber="51-7" start="0">Title 51, Chapter 7, State Money Management Act</xref>.</subsection><subsection number="53-7-404(6)(c)(ii)"> The Division of Finance shall deposit interest or other earnings derived from investment of account money into the General Fund.</subsection></subsection><subsection number="53-7-404(6)(d)"> Upon appropriations from the Legislature, money from the account created in Subsection <xref depth="4" refid="C53-7-S404_1800010118000101" refnumber="53-7-404(6)(a)" start="0">(6)(a)</xref> shall be used by the state fire marshal solely to support processing, testing, enforcement, and oversight activities under this part.</subsection></subsection><subsection number="53-7-404(7)"><subsection number="53-7-404(7)(a)"> If a manufacturer has certified a cigarette pursuant to this section, and thereafter makes any change to the certified cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this part, that cigarette shall not be sold or offered for sale in this state until the manufacturer:<subsection number="53-7-404(7)(a)(i)"> retests the cigarette in accordance with the testing standards set forth in Section <xref depth="3" refid="C53-7-S403_1800010118000101" refnumber="53-7-403" start="0">53-7-403</xref>; and</subsection><subsection number="53-7-404(7)(a)(ii)"> maintains records of that retesting as required by Section <xref depth="3" refid="C53-7-S403_1800010118000101" refnumber="53-7-403" start="0">53-7-403</xref>.</subsection></subsection><subsection number="53-7-404(7)(b)"> Any altered cigarette which does not meet the performance standard set forth in Section <xref depth="3" refid="C53-7-S403_1800010118000101" refnumber="53-7-403" start="0">53-7-403</xref> may not be sold in this state.</subsection></subsection></section><section number="53-7-405"><histories><history>Enacted by Chapter <modchap sess="2007GS">362</modchap>, 2007 General Session</history><modyear>2007</modyear></histories><catchline>Marking of cigarette packaging.</catchline><subsection number="53-7-405(1)"> Cigarettes that are certified by a manufacturer in accordance with Section <xref depth="3" refid="C53-7-S404_1800010118000101" refnumber="53-7-404" start="0">53-7-404</xref> shall be marked to indicate compliance with the requirements of Section <xref depth="3" refid="C53-7-S403_1800010118000101" refnumber="53-7-403" start="0">53-7-403</xref>. The marking shall be in eight-point type or larger and consist of: <subsection number="53-7-405(1)(a)"> modification of the product UPC code to include a visible mark printed at or around the area of the UPC code, which may include alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the UPC;</subsection><subsection number="53-7-405(1)(b)"> any visible combination of alphanumeric or symbolic characters permanently stamped, engraved, or embossed upon the cigarette package or cellophane wrap; or</subsection><subsection number="53-7-405(1)(c)"> printed, stamped, engraved, or embossed text that indicates that the cigarettes meet the standards of this part.</subsection></subsection><subsection number="53-7-405(2)"> A manufacturer shall use only one marking, and shall apply this marking uniformly for all packages marketed by the manufacturer, including: <subsection number="53-7-405(2)(a)"> packs;</subsection><subsection number="53-7-405(2)(b)"> cartons;</subsection><subsection number="53-7-405(2)(c)"> cases; and</subsection><subsection number="53-7-405(2)(d)"> any brands marketed by that manufacturer.</subsection></subsection><subsection number="53-7-405(3)"> The manufacturer shall notify the state fire marshal of the marking that it has selected in accordance with Subsection <xref depth="4" refid="C53-7-S405_1800010118000101" refnumber="53-7-405(2)" start="0">(2)</xref>.</subsection><subsection number="53-7-405(4)"> Prior to the certification of any cigarette, a manufacturer shall present its proposed marking to the state fire marshal for approval. Upon receipt of the request, the state fire marshal shall approve or disapprove the marking offered, except that the state fire marshal shall approve any marking in use and approved for sale in New York pursuant to the New York Fire Safety Standards for Cigarettes. Proposed markings shall be considered approved if the state fire marshal fails to act within 10 business days of receiving a request for approval.</subsection><subsection number="53-7-405(5)"> No manufacturer shall modify its approved marking unless the modification has been approved by the state fire marshal in accordance with this section.</subsection><subsection number="53-7-405(6)"><subsection number="53-7-405(6)(a)"> Manufacturers certifying cigarettes in accordance with Section <xref depth="3" refid="C53-7-S404_1800010118000101" refnumber="53-7-404" start="0">53-7-404</xref> shall provide:<subsection number="53-7-405(6)(a)(i)"> a copy of the certifications to all wholesale dealers and agents to which they sell cigarettes; and</subsection><subsection number="53-7-405(6)(a)(ii)"> sufficient copies of an illustration of the package marking utilized by the manufacturer pursuant to this section for each retail dealer to which the wholesale dealers or agents sell cigarettes.</subsection></subsection><subsection number="53-7-405(6)(b)"> Wholesale dealers and agents shall provide a copy of the package markings received from manufacturers under Subsection <xref depth="4" refid="C53-7-S405_1800010118000101" refnumber="53-7-405(6)(a)" start="0">(6)(a)</xref> to all retail dealers to which they sell cigarettes.</subsection><subsection number="53-7-405(6)(c)"> Wholesale dealers, agents, and retail dealers shall permit the state fire marshal, the State Tax Commission, the attorney general, and their employees to inspect markings of cigarette packaging marked in accordance with this section.</subsection></subsection></section><section number="53-7-406"><histories><history>Amended by Chapter <modchap sess="2024GS">158</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Penalties.</catchline><subsection number="53-7-406(1)"><subsection number="53-7-406(1)(a)">Except as provided in Subsection (1)(b), a manufacturer, wholesale dealer, agent, or any other person or entity who knowingly sells or offers to sell cigarettes, other than through retail sale, in violation of Section <xref depth="3" refnumber="53-7-403">53-7-403</xref>:<subsection number="53-7-406(1)(a)(i)">for a first offense shall be liable for a civil penalty not to exceed $10,000 per each sale of cigarettes; and</subsection><subsection number="53-7-406(1)(a)(ii)">for a subsequent offense shall be liable for a civil penalty not to exceed $25,000 per each sale of such cigarettes.</subsection></subsection><subsection number="53-7-406(1)(b)">A penalty imposed under Subsection (1)(a) may not exceed $100,000 during any 30-day period against any one entity described in Subsection (1).</subsection></subsection><subsection number="53-7-406(2)"><subsection number="53-7-406(2)(a)">Except as provided in Subsection (2)(b), a retail dealer who knowingly sells cigarettes in violation of Section <xref depth="3" refnumber="53-7-403">53-7-403</xref> shall:<subsection number="53-7-406(2)(a)(i)">for a first offense for each sale or offer for sale of cigarettes, if the total number of cigarettes sold or offered for sale:<subsection number="53-7-406(2)(a)(i)(A)">does not exceed 1,000 cigarettes, be liable for a civil penalty not to exceed $500 for each sale or offer of sale; and</subsection><subsection number="53-7-406(2)(a)(i)(B)">does exceed 1,000 cigarettes, be liable for a civil penalty not to exceed $1,000 for each sale or offer of sale; and</subsection></subsection><subsection number="53-7-406(2)(a)(ii)">for a subsequent offense, if the total number of cigarettes sold or offered for sale:<subsection number="53-7-406(2)(a)(ii)(A)">does not exceed 1,000 cigarettes, be liable for a civil penalty not to exceed $2,000 for each sale or offer of sale; and</subsection><subsection number="53-7-406(2)(a)(ii)(B)">does exceed 1,000 cigarettes, be liable for a civil penalty not to exceed $5,000 for each sale or offer of sale.</subsection></subsection></subsection><subsection number="53-7-406(2)(b)">A penalty imposed under Subsection (2)(a) against any retail dealer shall not exceed $25,000 during a 30-day period.</subsection></subsection><subsection number="53-7-406(3)">In addition to any penalty prescribed by law, any corporation, partnership, sole proprietor, limited partnership, or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to Section <xref depth="3" refnumber="53-7-404">53-7-404</xref> shall, for each false certification:<subsection number="53-7-406(3)(a)">for a first offense, be liable for a civil penalty of at least $75,000; and</subsection><subsection number="53-7-406(3)(b)">for a subsequent offense, be liable for a civil penalty not to exceed $250,000.</subsection></subsection><subsection number="53-7-406(4)">Any person violating any other provision in this part shall be liable for a civil penalty for each violation:<subsection number="53-7-406(4)(a)">for a first offense, not to exceed $1,000; and</subsection><subsection number="53-7-406(4)(b)">for a subsequent offense, not to exceed $5,000.</subsection></subsection><subsection number="53-7-406(5)"><subsection number="53-7-406(5)(a)">In addition to any other remedy provided by law, the state fire marshal or attorney general may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, for a violation of this part, including petitioning for injunctive relief or to recover any costs or damages suffered by the state because of a violation of this part, including enforcement costs relating to the specific violation and attorney fees. </subsection><subsection number="53-7-406(5)(b)"> Each violation of this part or of rules or regulations adopted under this part constitutes a separate civil violation for which the state fire marshal or attorney general may obtain relief.</subsection></subsection></section><section number="53-7-407"><histories><history>Amended by Chapter <modchap sess="2008GS">382</modchap>, 2008 General Session</history><modyear>2008</modyear></histories><catchline>Implementation -- Effect of part on Model Tobacco Settlement Act and Tobacco Tax and Licensing Act.</catchline><subsection number="53-7-407(1)"> The state fire marshal may promulgate rules and regulations, pursuant to <xref depth="1" refid="C63G-3_1800010118000101" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, necessary to effectuate the purposes of this part.</subsection><subsection number="53-7-407(2)"> The State Tax Commission in the regular course of conducting inspections of wholesale dealers, agents, and retail dealers, as authorized under <xref depth="1" refid="C59-14_1800010118000101" refnumber="59-14" start="0">Title 59, Chapter 14, Cigarette and Tobacco Tax and Licensing Act</xref>, may inspect cigarettes to determine if the cigarettes are marked as required by Section <xref depth="3" refid="C53-7-S405_1800010118000101" refnumber="53-7-405" start="0">53-7-405</xref>. If the cigarettes are not marked as required, the State Tax Commission shall notify the state fire marshal.</subsection><subsection number="53-7-407(3)"> Nothing in this part shall affect an entity's obligations pursuant to: <subsection number="53-7-407(3)(a)"><xref depth="1" refid="C59-14_1800010118000101" refnumber="59-14" start="0">Title 59, Chapter 14, Cigarette and Tobacco Tax and Licensing Act</xref>; or</subsection><subsection number="53-7-407(3)(b)"><xref depth="1" refid="C59-22_1800010118000101" refnumber="59-22" start="0">Title 59, Chapter 22, Model Tobacco Settlement Act</xref>.</subsection></subsection></section><section number="53-7-408"><histories><history>Enacted by Chapter <modchap sess="2007GS">362</modchap>, 2007 General Session</history><modyear>2007</modyear></histories><catchline>Inspection.</catchline><tab/>To enforce the provisions of this part, the attorney general and the state fire marshal are hereby authorized to examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale, as well as the stock of cigarettes on the premises. Every person in the possession, control, or occupancy of any premises where cigarettes are placed, sold, or offered for sale, is hereby directed and required to give the attorney general and the state fire marshal the means, facilities, and opportunity for the examinations authorized by this section. </section><section number="53-7-409"><histories><history>Enacted by Chapter <modchap sess="2007GS">362</modchap>, 2007 General Session</history><modyear>2007</modyear></histories><catchline>Sale outside of Utah.</catchline><tab/>Nothing in this part shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements of Section <xref depth="3" refid="C53-7-S403_1800010118000101" refnumber="53-7-403" start="0">53-7-403</xref> if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and that person or entity has taken reasonable steps to ensure that such cigarettes will not be sold or offered for sale to persons located in this state. </section><section number="53-7-410"><histories><history>Enacted by Chapter <modchap sess="2007GS">362</modchap>, 2007 General Session</history><modyear>2007</modyear></histories><catchline>Preemption.</catchline><tab/>This part shall be repealed if a federal reduced cigarette ignition propensity standard that preempts this part is adopted and becomes effective. </section><section number="53-7-411"><histories><history>Enacted by Chapter <modchap sess="2007GS">362</modchap>, 2007 General Session</history><modyear>2007</modyear></histories><catchline>Local regulation.</catchline><tab/>Notwithstanding any other provision of law, a political subdivision of this state may neither enact nor enforce any ordinance or other local law or regulation conflicting with, or preempted by, any provision of this part or with any policy of this state expressed by this part, whether that policy be expressed by inclusion of a provision in this part or by exclusion of that subject from this part. </section></part><part number="53-7-5"><catchline>Regulation of Novelty Lighters</catchline><section number="53-7-501"><histories><history>Enacted by Chapter <modchap sess="2010GS">376</modchap>, 2010 General Session</history><modyear>2010</modyear></histories><catchline>Title.</catchline><tab/>This part is known as "Regulation of Novelty Lighters." </section><section number="53-7-502"><histories><history>Enacted by Chapter <modchap sess="2010GS">376</modchap>, 2010 General Session</history><modyear>2010</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="53-7-502(1)"> "Audio effect" includes music, animal sounds, whistles, buzzers, or other noises not pertinent to the flame-producing function of the lighter.</subsection><subsection number="53-7-502(2)"><subsection number="53-7-502(2)(a)"> "Distribute" means to:<subsection number="53-7-502(2)(a)(i)"> deliver to a person other than the purchaser; or</subsection><subsection number="53-7-502(2)(a)(ii)"> provide as part of a commercial promotion or as a prize or premium.</subsection></subsection><subsection number="53-7-502(2)(b)"> "Distribute" does not include providing as a personal gift.</subsection></subsection><subsection number="53-7-502(3)"> "Importer" means a person who causes a lighter to enter this state from a manufacturing, wholesale, distribution, or retail sales point outside this state: <subsection number="53-7-502(3)(a)"> for the purpose of selling or distributing the lighter within this state; or</subsection><subsection number="53-7-502(3)(b)"> with the result that the lighter is sold or distributed within this state.</subsection></subsection><subsection number="53-7-502(4)"> "Lighter" means a handheld mechanical device of a type typically used for igniting tobacco products by use of a flame.</subsection><subsection number="53-7-502(5)"> "Misleading design" means a lighter that: <subsection number="53-7-502(5)(a)"> has a shape that resembles or imitates an object other than a lighter;</subsection><subsection number="53-7-502(5)(b)"> may have one or more audio or visual effects; and</subsection><subsection number="53-7-502(5)(c)"> has other features of a type that would reasonably be expected to make the lighter appealing or attractive to a child younger than 10 years of age.</subsection></subsection><subsection number="53-7-502(6)"> "Novelty lighter": <subsection number="53-7-502(6)(a)"> means a lighter that has:<subsection number="53-7-502(6)(a)(i)"> a misleading design; and</subsection><subsection number="53-7-502(6)(a)(ii)"> operates on any fuel, including butane or liquid fuel;</subsection></subsection><subsection number="53-7-502(6)(b)"> does not mean:<subsection number="53-7-502(6)(b)(i)"> a lighter manufactured before January 1, 1980;</subsection><subsection number="53-7-502(6)(b)(ii)"> a lighter that has been rendered permanently incapable of producing a flame or otherwise causing combustion; or</subsection><subsection number="53-7-502(6)(b)(iii)"> a mechanical device primarily used to ignite fuel for fireplaces, or for charcoal or gas grills.</subsection></subsection></subsection><subsection number="53-7-502(7)"> "Sell" means to provide or promise to provide a product to a wholesale, retail, mail-order, or other purchaser in exchange for consideration.</subsection><subsection number="53-7-502(8)"> "Visual effect": <subsection number="53-7-502(8)(a)"> includes flashing lights, color-changing lights, or changing images; and</subsection><subsection number="53-7-502(8)(b)"> does not include logos, decals, decorative artwork, or heat-shrinkable sleeves.</subsection></subsection></section><section number="53-7-503"><histories><history>Enacted by Chapter <modchap sess="2010GS">376</modchap>, 2010 General Session</history><modyear>2010</modyear></histories><catchline>Rulemaking authority -- Publicly accessible list of contraband lighters maintained by the state fire marshal -- Authority to seize and destroy novelty lighters.</catchline><subsection number="53-7-503(1)"> The Utah Fire Prevention Board, created in Section <xref depth="3" refid="C53-7-S203_1800010118000101" refnumber="53-7-203" start="0">53-7-203</xref>, may adopt rules in accordance with <xref depth="1" refid="C63G-3_1800010118000101" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, to: <subsection number="53-7-503(1)(a)"> identify lighters or classes or types of lighters that are novelty lighters; and</subsection><subsection number="53-7-503(1)(b)"> provide for an informal adjudicative hearing, as provided in Section <xref depth="3" refid="C63G-4-S203_1800010118000101" refnumber="63G-4-203" start="0">63G-4-203</xref>, by the board to hear appeals of decisions of the State Fire Marshal Division under this part.</subsection></subsection><subsection number="53-7-503(2)"><subsection number="53-7-503(2)(a)"> The state fire marshal shall establish and maintain a list of lighters, or classes and types of lighters, that the state fire marshal has determined to be novelty lighters under this part.</subsection><subsection number="53-7-503(2)(b)"> The state fire marshal shall make the list available on the website maintained by the Department of Public Safety.</subsection></subsection><subsection number="53-7-503(3)"> A lighter is a contraband item subject to seizure and destruction by the state fire marshal, a representative of the state fire marshal, a local fire enforcement official, or by a law enforcement agency, if the lighter is: <subsection number="53-7-503(3)(a)"> listed, or of a class or type listed, by the state fire marshal as a novelty lighter; and</subsection><subsection number="53-7-503(3)(b)"> offered for sale, sold, or distributed in this state.</subsection></subsection><subsection number="53-7-503(4)"><subsection number="53-7-503(4)(a)"> The state fire marshal, a representative of the state fire marshal, a local fire enforcement official, or a law enforcement agency may seize a novelty lighter that is not described in Subsection <xref depth="4" refid="C53-7-S503_1800010118000101" refnumber="53-7-503(3)" start="0">(3)</xref>.</subsection><subsection number="53-7-503(4)(b)"> Upon finding that the person from whom the novelty lighter was seized is subject to a civil penalty under Section <xref depth="3" refid="C53-7-S504_1800010118000101" refnumber="53-7-504" start="0">53-7-504</xref> for being an importer, wholesaler, seller, or distributor of the novelty lighter, the state fire marshal or a representative may order that the novelty lighter be forfeited and destroyed.</subsection></subsection></section><section number="53-7-504"><histories><history>Amended by Chapter <modchap sess="2020GS">403</modchap>, 2020 General Session</history><modyear>2020</modyear></histories><catchline>Offenses -- Civil penalties -- Penalty money to be deposited into the Fire Prevention Support Account.</catchline><subsection number="53-7-504(1)"><subsection number="53-7-504(1)(a)"> A person may not sell, offer for sale, or distribute a novelty lighter in this state.</subsection><subsection number="53-7-504(1)(b)"> A person may not import a novelty lighter into this state for the purpose of selling or distributing the novelty lighter within this state.</subsection><subsection number="53-7-504(1)(c)"> A person may not possess a novelty lighter in inventory for the purpose of selling or distributing the novelty lighter within this state.</subsection></subsection><subsection number="53-7-504(2)"><subsection number="53-7-504(2)(a)"> The state fire marshal may assess a civil penalty against a person who violates Subsection <xref depth="4" refnumber="53-7-504(1)" start="0">(1)</xref> in accordance with <xref depth="1" refnumber="63G-4" start="0">Title 63G, Chapter 4, Administrative Procedures Act</xref>.</subsection><subsection number="53-7-504(2)(b)"> The civil penalty for a violation of Subsection <xref depth="4" refnumber="53-7-504(1)" start="0">(1)</xref> may not exceed:<subsection number="53-7-504(2)(b)(i)"> $10,000 for the importation of novelty lighters;</subsection><subsection number="53-7-504(2)(b)(ii)"> $1,000 if the person acts as a wholesaler of novelty lighters or distributes novelty lighters by means other than distribution directly to consumers; and</subsection><subsection number="53-7-504(2)(b)(iii)"> $500 if the person is: <subsection number="53-7-504(2)(b)(iii)(A)"> a retail seller of novelty lighters; or</subsection><subsection number="53-7-504(2)(b)(iii)(B)"> a person distributing novelty lighters, other than as a manufacturer, importer, or wholesaler.</subsection></subsection></subsection></subsection><subsection number="53-7-504(3)"> If a person continues to violate this section after the state fire marshal gives the person written notice of a violation, each day that the violation continues after written notice is given is a separate offense subject to a civil penalty.</subsection><subsection number="53-7-504(4)"><subsection number="53-7-504(4)(a)"> For purposes of imposing civil penalties, it is prima facie evidence that a lighter is a novelty lighter if the lighter is listed by the state fire marshal as a novelty lighter under Section <xref depth="3" refnumber="53-7-503" start="0">53-7-503</xref>, or is of a class or type of lighter listed by the state fire marshal as a novelty lighter.</subsection><subsection number="53-7-504(4)(b)"> Listing by the state fire marshal is not a requirement for a determination that a lighter is a novelty lighter.</subsection></subsection><subsection number="53-7-504(5)"> All money collected from civil penalties under this section shall be deposited into the Fire Prevention Support Account created in Section <xref depth="3" refnumber="53-7-204.2" start="0">53-7-204.2</xref>.</subsection><subsection number="53-7-504(6)"> A person may seek judicial review of a final agency action under this part as provided in <xref depth="1" refnumber="63G-4" start="0">Title 63G, Chapter 4, Administrative Procedures Act</xref>.</subsection></section><section number="53-7-505"><histories><history>Enacted by Chapter <modchap sess="2010GS">376</modchap>, 2010 General Session</history><modyear>2010</modyear></histories><catchline>Authority to have reasonable access to inspect facilities and records.</catchline><subsection number="53-7-505(1)"> The state fire marshal, a representative of the state fire marshal, or a local fire enforcement official may conduct inspections to ensure compliance with Section <xref depth="3" refid="C53-7-S504_1800010118000101" refnumber="53-7-504" start="0">53-7-504</xref>. The state fire marshal, a representative of the state fire marshal, or a local fire enforcement official may, regarding facilities within this state used in the business of importing, distributing, selling, or storing of lighters: <subsection number="53-7-505(1)(a)"> have access during reasonable business hours;</subsection><subsection number="53-7-505(1)(b)"> inspect the facilities and any lighters located at the facilities; and</subsection><subsection number="53-7-505(1)(c)"> inspect all business records pertaining to lighter import, distribution, sale, or storage.</subsection></subsection><subsection number="53-7-505(2)"> A person engaged in this state in the business of importing, distributing, selling, or storing lighters shall grant the state fire marshal, a representative of the state fire marshal, or a local fire enforcement official reasonable access for conducting inspections under Subsection <xref depth="4" refid="C53-7-S505_1800010118000101" refnumber="53-7-505(1)" start="0">(1)</xref>.</subsection></section><section number="53-7-506"><histories><history>Enacted by Chapter <modchap sess="2010GS">376</modchap>, 2010 General Session</history><modyear>2010</modyear></histories><catchline>Attorney general may bring action at request of the state fire marshal.</catchline><tab/>The state attorney general may bring an action at the request of the state fire marshal, in the name of the state, seeking:<subsection number="53-7-506(1)"> injunctive relief to prevent or end a violation of Section <xref depth="3" refid="C53-7-S504_1800010118000101" refnumber="53-7-504" start="0">53-7-504</xref> or <xref depth="3" refid="C53-7-S505_1800010118000101" refnumber="53-7-505" start="0">53-7-505</xref>;</subsection><subsection number="53-7-506(2)"> to recover civil penalties imposed under Section <xref depth="3" refid="C53-7-S504_1800010118000101" refnumber="53-7-504" start="0">53-7-504</xref>;</subsection><subsection number="53-7-506(3)"> to obtain access for inspections under Section <xref depth="3" refid="C53-7-S505_1800010118000101" refnumber="53-7-505" start="0">53-7-505</xref>; or</subsection><subsection number="53-7-506(4)"> to recover attorney fees and other enforcement costs.</subsection></section></part><part number="53-7-6"><catchline>Carbon Dioxide System Licensing And Certification</catchline><section number="53-7-601"><histories><history>Enacted by Chapter <modchap sess="2026GS">333</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Definitions.</catchline>As used in this part:<subsection number="53-7-601(1)"><subsection number="53-7-601(1)(a)">"Carbon dioxide system" means a system that:<subsection number="53-7-601(1)(a)(i)">stores, uses, or dispenses carbon dioxide; and</subsection><subsection number="53-7-601(1)(a)(ii)">has a capacity of 100 pounds or more of carbon dioxide.</subsection></subsection><subsection number="53-7-601(1)(b)">"Carbon dioxide system" includes:<subsection number="53-7-601(1)(b)(i)">an appliance used with a carbon dioxide system; and</subsection><subsection number="53-7-601(1)(b)(ii)">pipes, tubing, fittings, required signage, and gas detection, that are part of, or connect to, a carbon dioxide system.</subsection></subsection></subsection><subsection number="53-7-601(2)">"Service" means the inspection, installation, maintenance, repair, or modification of a carbon dioxide system.</subsection></section><section number="53-7-602"><histories><history>Enacted by Chapter <modchap sess="2026GS">333</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Carbon dioxide system licensing and certification required for certain activities -- Licensing and certification procedures.</catchline><subsection number="53-7-602(1)">On or after January 1, 2027, a person may not engage in the business of servicing a carbon dioxide system unless the person is currently licensed by the state fire marshal.</subsection><subsection number="53-7-602(2)"><subsection number="53-7-602(2)(a)">On or after January 1, 2027, except as provided by Subsection <xref depth="4" refnumber="53-7-602(2)(b)">(2)(b)</xref>, an individual may not service a carbon dioxide system unless the individual is currently certified by the state fire marshal.</subsection><subsection number="53-7-602(2)(b)">Subsection <xref depth="4" refnumber="53-7-602(2)(a)">(2)(a)</xref> does not apply to:<subsection number="53-7-602(2)(b)(i)">a fire officer; or</subsection><subsection number="53-7-602(2)(b)(ii)">an individual in training who:<subsection number="53-7-602(2)(b)(ii)(A)">has not worked for more than 45 business days as a trainee; and</subsection><subsection number="53-7-602(2)(b)(ii)(B)">is supervised by an individual who holds a current certification under Subsection <xref depth="4" refnumber="53-7-602(2)(a)">(2)(a)</xref>.</subsection></subsection></subsection></subsection><subsection number="53-7-602(3)">The board shall:<subsection number="53-7-602(3)(a)">make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing requirements and standards for:<subsection number="53-7-602(3)(a)(i)">licensing under Subsection <xref depth="4" refnumber="53-7-602(1)">(1)</xref>, including for initial licensing qualification, renewal, and revocation; and</subsection><subsection number="53-7-602(3)(a)(ii)">certification under Subsection <xref depth="4" refnumber="53-7-602(2)">(2)</xref>, including for initial certification qualification, renewal, and revocation;</subsection></subsection><subsection number="53-7-602(3)(b)">create application forms for licensing and certification; and</subsection><subsection number="53-7-602(3)(c)">establish fees for licensing and certification under Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref>.</subsection></subsection><subsection number="53-7-602(4)">An applicant for licensing under Subsection <xref depth="4" refnumber="53-7-602(1)">(1)</xref> or certification under Subsection <xref depth="4" refnumber="53-7-602(2)">(2)</xref> shall:<subsection number="53-7-602(4)(a)">submit a written application on the form prescribed by the board;</subsection><subsection number="53-7-602(4)(b)">provide evidence of competency as required by the board; and</subsection><subsection number="53-7-602(4)(c)">submit the fee established under Subsection <xref depth="4" refnumber="53-7-602(3)(c)">(3)(c)</xref>.</subsection></subsection></section></part></chapter><chapter number="53-8"><catchline>Utah Highway Patrol Act</catchline><part number="53-8-1"><catchline>Utah Highway Patrol Division Administration</catchline><section number="53-8-101"><histories><history>Enacted by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Short title.</catchline><tab/>This chapter is known as the "Utah Highway Patrol Act." </section><section number="53-8-102"><histories><history>Enacted by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this chapter:<subsection number="53-8-102(1)"> "Division" means the Utah Highway Patrol Division created in Section <xref depth="3" refid="C53-8-S103_1800010118000101" refnumber="53-8-103" start="0">53-8-103</xref>.</subsection><subsection number="53-8-102(2)"> "Highway Patrol" means the Highway Patrol troopers employed under Section <xref depth="3" refid="C53-8-S104_1800010118000101" refnumber="53-8-104" start="0">53-8-104</xref>.</subsection><subsection number="53-8-102(3)"> "Superintendent" means the director of the division, appointed under Section <xref depth="3" refid="C53-8-S103_1800010118000101" refnumber="53-8-103" start="0">53-8-103</xref>.</subsection></section><section number="53-8-103"><histories><history>Amended by Chapter <modchap sess="2021GS">345</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Utah Highway Patrol Division -- Creation -- Appointment of superintendent -- Powers -- Qualifications -- Term -- Compensation.</catchline><subsection number="53-8-103(1)"> There is created the Utah Highway Patrol Division.</subsection><subsection number="53-8-103(2)"> The director of the division shall be the superintendent appointed by the commissioner with the approval of the governor.</subsection><subsection number="53-8-103(3)"> The superintendent is the executive and administrative head of the division and shall be experienced in administration and possess additional qualifications as determined by the commissioner.</subsection><subsection number="53-8-103(4)"> The superintendent acts under the supervision and control of the commissioner and may be removed from his position at the will of the commissioner.</subsection><subsection number="53-8-103(5)"> The superintendent shall receive compensation as provided by <xref depth="1" refnumber="63A-17" start="0">Title 63A, Chapter 17, Utah State Personnel Management Act</xref>.</subsection></section><section number="53-8-104"><histories><history>Amended by Chapter <modchap sess="2002GS">219</modchap>, 2002 General Session</history><modyear>2002</modyear></histories><catchline>Superintendent's duties.</catchline><tab/>The superintendent shall:<subsection number="53-8-104(1)"> divide the state highways into sections for the purpose of patrolling and policing;</subsection><subsection number="53-8-104(2)"> employ peace officers known as highway patrol troopers to patrol or police the highways within this state and to enforce the state statutes as required;</subsection><subsection number="53-8-104(3)"> establish ranks, grades, and positions in the Highway Patrol and designate the authority and responsibility in each rank, grade, and position;</subsection><subsection number="53-8-104(4)"> establish for the Highway Patrol standards and qualifications and fix prerequisites of training, education, and experience for each rank, grade, and position;</subsection><subsection number="53-8-104(5)"> appoint personnel to each rank, grade, and position necessary for the efficient operation and administration of the Highway Patrol;</subsection><subsection number="53-8-104(6)"> devise and administer examinations designed to test applicants for positions with the Highway Patrol;</subsection><subsection number="53-8-104(7)"> make rules governing the Highway Patrol as appear to the superintendent advisable;</subsection><subsection number="53-8-104(8)"> discharge, demote, or temporarily suspend any employee in the Highway Patrol for cause;</subsection><subsection number="53-8-104(9)"> prescribe the uniforms to be worn and the equipment to be used by employees of the Highway Patrol;</subsection><subsection number="53-8-104(10)"> charge against each employee of the Highway Patrol the value of any property of the state lost or destroyed through the carelessness of the employee;</subsection><subsection number="53-8-104(11)"> establish, with the approval of the Division of Finance, the terms and conditions under which expense allowance should be paid to any employee of the Highway Patrol while away from his station;</subsection><subsection number="53-8-104(12)"> station the Highway Patrol in localities as he finds advisable for the enforcement of the laws of this state;</subsection><subsection number="53-8-104(13)"> conduct in conjunction with the State Board of Education in and through all state schools an educational campaign in highway safety and work in conjunction with civic organizations, churches, local units of government, and other organizations that may function in accomplishing the purposes of reducing highway accidents;</subsection><subsection number="53-8-104(14)"> provide the initial mandatory uniform items for each new trooper hired after July 1, 1998;</subsection><subsection number="53-8-104(15)"> determine by rule a basic uniform allowance system which includes the manner in which troopers may receive maintenance services and vouchers for basic uniforms and administer any funds appropriated by the Legislature to the division for that purpose; and</subsection><subsection number="53-8-104(16)"> on or before January 1, 2003, adopt a written policy that prohibits the stopping, detention, or search of any person when the action is solely motivated by considerations of race, color, ethnicity, age, or gender.</subsection></section><section number="53-8-105"><histories><history>Amended by Chapter <modchap sess="2026GS">183</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Duties of Highway Patrol.</catchline><subsection number="53-8-105(1)">In addition to the duties in this chapter, the Highway Patrol shall:<subsection number="53-8-105(1)(a)">enforce the state laws and rules governing use of the state highways;</subsection><subsection number="53-8-105(1)(b)">regulate traffic on all highways and roads of the state;</subsection><subsection number="53-8-105(1)(c)">assist the governor in an emergency or at other times at his discretion;</subsection><subsection number="53-8-105(1)(d)">in cooperation with federal, state, and local agencies, enforce and assist in the enforcement of all state and federal laws related to the operation of a motor carrier on a highway, including all state and federal rules and regulations;</subsection><subsection number="53-8-105(1)(e)">inspect certain vehicles to determine road worthiness and safe condition as provided in Section <xref depth="3" refnumber="41-6a-1630">41-6a-1630</xref>;</subsection><subsection number="53-8-105(1)(f)">upon request, assist with any condition of unrest existing or developing on a campus or related facility of an institution of higher education or private postsecondary educational institution;</subsection><subsection number="53-8-105(1)(g)">assist the Alcoholic Beverage Services Commission in an emergency to enforce the state liquor laws;</subsection><subsection number="53-8-105(1)(h)">provide security and protection for both houses of the Legislature while in session as the speaker of the House of Representatives and the president of the Senate find necessary;</subsection><subsection number="53-8-105(1)(i)">enforce the state laws and rules governing use of capitol hill; and</subsection><subsection number="53-8-105(1)(j)">carry out the following for the Supreme Court and the Court of Appeals:<subsection number="53-8-105(1)(j)(i)">provide security and protection to those courts when in session in the capital city of the state;</subsection><subsection number="53-8-105(1)(j)(ii)">execute orders issued by the courts; and</subsection><subsection number="53-8-105(1)(j)(iii)">carry out duties as directed by the courts.</subsection></subsection></subsection><subsection number="53-8-105(2)"><subsection number="53-8-105(2)(a)">The division and the department shall annually:<subsection number="53-8-105(2)(a)(i)">evaluate the inventory of new and existing state highways, in coordination with relevant local law enforcement agencies, to determine which law enforcement agency is best suited to patrol and enforce state laws and regulate traffic on each state highway; and</subsection><subsection number="53-8-105(2)(a)(ii)">before October 1 of each year, report to the Transportation Interim Committee and the Criminal Justice Appropriations Subcommittee regarding:<subsection number="53-8-105(2)(a)(ii)(A)">significant changes to the patrol and enforcement responsibilities resulting from the evaluation described in Subsection <xref depth="4" refnumber="53-8-105(2)(a)(i)">(2)(a)(i)</xref>; and</subsection><subsection number="53-8-105(2)(a)(ii)(B)">any budget request necessary to accommodate additional patrol and enforcement responsibilities.</subsection></subsection></subsection><subsection number="53-8-105(2)(b)">The division and the department shall, before July 1 of each year, coordinate with the Department of Transportation created in Section <xref depth="3" refnumber="72-1-201">72-1-201</xref> regarding patrol and enforcement responsibilities described in Subsection <xref depth="4" refnumber="53-8-105(2)(a)">(2)(a)</xref> and incident management services on state highways.</subsection></subsection><subsection number="53-8-105(3)"><subsection number="53-8-105(3)(a)">A district court and a justice court shall collect and maintain data regarding violations in Sections <xref depth="3" refnumber="41-6a-1712">41-6a-1712</xref>, <xref depth="3" refnumber="41-6a-1713">41-6a-1713</xref>, and <xref depth="3" refnumber="72-7-409">72-7-409</xref>.</subsection><subsection number="53-8-105(3)(b)">Each court shall transmit dispositions described in Subsection <xref depth="4" refnumber="53-8-105(3)(a)">(3)(a)</xref> electronically to the department.</subsection></subsection></section><section number="53-8-106"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Vested with powers of peace officers.</catchline><subsection number="53-8-106(1)"> The commissioner, superintendent, and each member of the Highway Patrol have the powers of peace officers in each county of the state with the exception of the power to serve civil process.</subsection><subsection number="53-8-106(2)"> They may serve criminal process, arrest and prosecute violators of any law of this state, and have the same right as other peace officers to require aid in executing their duties.</subsection><subsection number="53-8-106(3)"> The powers and duties conferred upon the superintendent and members of the Highway Patrol are supplementary to and not a limitation on the powers and duties of other peace officers in the state.</subsection></section><section number="53-8-107"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Cooperation with other officers.</catchline><tab/>To secure information in order to achieve greater success in prevention and detection of crime and apprehension of criminals, the Highway Patrol shall cooperate and exchange information with:<subsection number="53-8-107(1)"> any other departments of the state;</subsection><subsection number="53-8-107(2)"> other law enforcement agencies, both within and outside this state; and</subsection><subsection number="53-8-107(3)"> federal law enforcement agencies.</subsection></section></part><part number="53-8-2"><catchline>Motor Vehicle Safety Inspection Act</catchline><section number="53-8-202"><histories><history>Amended by Chapter <modchap sess="2023GS">40</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Definitions.</catchline><tab/>The definitions in Section <xref depth="3" refnumber="41-6a-102" start="0">41-6a-102</xref> apply to this part.</section><section number="53-8-204"><histories><history>Amended by Chapter <modchap sess="2023GS">40</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Division duties -- Official inspection stations -- Permits -- Fees -- Suspension or revocation -- Utah-based interstate commercial motor carriers.</catchline><subsection number="53-8-204(1)"> The division shall: <subsection number="53-8-204(1)(a)"> conduct examinations of every safety inspection station permit applicant and safety inspector certificate applicant to determine whether the applicant is properly equipped and qualified to make safety inspections;</subsection><subsection number="53-8-204(1)(b)"> issue safety inspection station permits and safety inspector certificates to qualified applicants;</subsection><subsection number="53-8-204(1)(c)"> establish application, renewal, and reapplication fees in accordance with Section <xref depth="3" refnumber="63J-1-504" start="0">63J-1-504</xref> for safety inspection station permits and safety inspector certificates;</subsection><subsection number="53-8-204(1)(d)"> provide instructions and all necessary forms, including safety inspection certificates, to safety inspection stations for the inspection of motor vehicles and the issuance of the safety inspection certificates;</subsection><subsection number="53-8-204(1)(e)"> investigate complaints regarding safety inspection stations and safety inspectors;</subsection><subsection number="53-8-204(1)(f)"> compile and publish all applicable safety inspection laws, rules, instructions, and standards and distribute them to all safety inspection stations and provide updates to the compiled laws, rules, instructions, and standards as needed; and</subsection><subsection number="53-8-204(1)(g)"> establish a fee in accordance with Section <xref depth="3" refnumber="63J-1-504" start="0">63J-1-504</xref> to cover the cost of compiling and publishing the safety inspection laws, rules, instructions, and standards and any updates.</subsection></subsection><subsection number="53-8-204(2)"><subsection number="53-8-204(2)(a)"> Receipts from the fees established in accordance with Subsection <xref depth="4" refnumber="53-8-204(1)(g)" start="0">(1)(g)</xref> are fixed collections to be used by the division for the expenses of the Utah Highway Patrol incurred under Subsection <xref depth="4" refnumber="53-8-204(1)(g)" start="0">(1)(g)</xref>.</subsection><subsection number="53-8-204(2)(b)"> Funds received in excess of the expenses under Subsection <xref depth="4" refnumber="53-8-204(1)(g)" start="0">(1)(g)</xref> shall be deposited in the Transportation Fund.</subsection></subsection><subsection number="53-8-204(3)"> The division may: <subsection number="53-8-204(3)(a)"> before issuing a safety inspection permit, require an applicant, other than a fleet station or government station, to file a bond that will provide a guarantee that the applicant safety inspection station will make compensation for any damage to a motor vehicle during an inspection or adjustment due to negligence on the part of an applicant or the applicant's employees;</subsection><subsection number="53-8-204(3)(b)"> establish procedures governing the issuance of safety inspection certificates to Utah-based interstate commercial motor carriers;</subsection><subsection number="53-8-204(3)(c)"> suspend, revoke, or refuse renewal of any safety inspection station permit issued when the division finds that the safety inspection station is not:<subsection number="53-8-204(3)(c)(i)"> properly equipped; or</subsection><subsection number="53-8-204(3)(c)(ii)"> complying with rules made by the division; and</subsection></subsection><subsection number="53-8-204(3)(d)"> suspend, revoke, or refuse renewal of any safety inspection station permit or safety inspector certificate issued when the station or inspector has violated any safety inspection law or rule.</subsection></subsection><subsection number="53-8-204(4)"> The division shall maintain a record of safety inspection station permits and safety inspector certificates issued, suspended, revoked, or refused renewal under Subsection <xref depth="4" refnumber="53-8-204(3)(c)" start="0">(3)(c)</xref>.</subsection><subsection number="53-8-204(5)"> In accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, the division shall make rules: <subsection number="53-8-204(5)(a)"> setting minimum standards covering the design, construction, condition, and operation of motor vehicle equipment for safely operating a motor vehicle on the highway;</subsection><subsection number="53-8-204(5)(b)"> establishing motor vehicle safety inspection procedures to ensure a motor vehicle can be operated safely;</subsection><subsection number="53-8-204(5)(c)"> establishing safety inspection station building, equipment, and personnel requirements necessary to qualify to perform safety inspections;</subsection><subsection number="53-8-204(5)(d)"> establishing age, training, examination, and renewal requirements to qualify for a safety inspector certificate;</subsection><subsection number="53-8-204(5)(e)"> establishing program guidelines for a school district that elects to implement a safety inspection apprenticeship program for high school students;</subsection><subsection number="53-8-204(5)(f)"> establishing requirements:<subsection number="53-8-204(5)(f)(i)"> designed to protect consumers from unwanted or unneeded repairs or adjustments;</subsection><subsection number="53-8-204(5)(f)(ii)"> for maintaining safety inspection records;</subsection><subsection number="53-8-204(5)(f)(iii)"> for providing reports to the division; and</subsection><subsection number="53-8-204(5)(f)(iv)"> for maintaining and protecting safety inspection certificates;</subsection></subsection><subsection number="53-8-204(5)(g)"> establishing procedures for a motor vehicle that fails a safety inspection;</subsection><subsection number="53-8-204(5)(h)"> setting bonding amounts for safety inspection stations if bonds are required under Subsection <xref depth="4" refnumber="53-8-204(3)(a)" start="0">(3)(a)</xref>; and</subsection><subsection number="53-8-204(5)(i)"> establishing procedures for a safety inspection station to follow if the station is going out of business.</subsection></subsection><subsection number="53-8-204(6)"> The rules of the division: <subsection number="53-8-204(6)(a)"> shall conform as nearly as practical to federal motor vehicle safety standards including 49 C.F.R. <ext_ref depth="2" refnumber="53-8-393" start="2" type="Code of Federal Regulations">Parts 393</ext_ref>, <ext_ref depth="2" refnumber="53-8-396" start="2">396</ext_ref>, <ext_ref depth="2" refnumber="53-8-396" start="2">396</ext_ref> Appendix G, and Federal Motor Vehicle Safety Standards 205; and</subsection><subsection number="53-8-204(6)(b)"> may incorporate by reference, in whole or in part, the federal standards under Subsection <xref depth="4" refnumber="53-8-204(6)(a)" start="0">(6)(a)</xref> and nationally recognized and readily available standards and codes on motor vehicle safety.</subsection></subsection></section><section number="53-8-205"><histories><history>Amended by Chapter <modchap sess="2024GS">459</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Safety inspection required for certain vehicles -- Out-of-state permits.</catchline><subsection number="53-8-205(1)"><subsection number="53-8-205(1)(a)">A salvage vehicle as defined in Section <xref depth="3" refnumber="41-1a-1001">41-1a-1001</xref> is required to pass a safety inspection when an application is made for initial registration as a salvage vehicle.</subsection><subsection number="53-8-205(1)(b)">An off-highway vehicle being registered for the first time as a street-legal all-terrain vehicle as described in Section <xref depth="3" refnumber="41-6a-1509">41-6a-1509</xref> is required to pass a safety inspection when the owner makes the initial application to register the vehicle as a street-legal all-terrain vehicle.</subsection><subsection number="53-8-205(1)(c)">A novel vehicle being registered for the first time as a street-legal novel vehicle as described in Section <xref depth="3" refnumber="41-27-201">41-27-201</xref> is required to pass a safety inspection when the owner makes the initial application to register the vehicle as a street-legal novel vehicle.</subsection><subsection number="53-8-205(1)(d)">The owner of a commercial vehicle, as defined in Section <xref depth="3" refnumber="72-9-102">72-9-102</xref>, shall:<subsection number="53-8-205(1)(d)(i)">ensure that the commercial vehicle passes a safety inspection annually; or</subsection><subsection number="53-8-205(1)(d)(ii)">provide evidence of a valid annual federal inspection that complies with the requirements of 49 C.F.R. Sec. 396.17.</subsection></subsection><subsection number="53-8-205(1)(e)">The owner of a vehicle operated by a ground transportation service provider as defined in Section <xref depth="3" refnumber="72-10-601">72-10-601</xref> shall ensure that the vehicle passes a safety inspection annually.</subsection><subsection number="53-8-205(1)(f)">An owner of one or more of the following types of vehicles shall ensure that the vehicle passes a safety inspection annually:<subsection number="53-8-205(1)(f)(i)">a motor vehicle with three or more axles, pulling a trailer, or pulling a trailer with multiple axles;</subsection><subsection number="53-8-205(1)(f)(ii)">a combination unit;</subsection><subsection number="53-8-205(1)(f)(iii)">a bus or van for hire; or</subsection><subsection number="53-8-205(1)(f)(iv)">a taxicab.</subsection></subsection></subsection><subsection number="53-8-205(2)">A safety inspection station shall issue two safety inspection certificates to the owner of:<subsection number="53-8-205(2)(a)">each motor vehicle that passes a safety inspection under this section; and</subsection><subsection number="53-8-205(2)(b)">a street-legal all-terrain vehicle that meets all the equipment requirements in Section <xref depth="3" refnumber="41-6a-1509">41-6a-1509</xref>.</subsection></subsection><subsection number="53-8-205(3)">A person operating a motor vehicle required to have an annual safety inspection shall have in the person's immediate possession a safety inspection certificate or other evidence of compliance.</subsection><subsection number="53-8-205(4)">The division may authorize the acceptance of a safety inspection certificate issued in another state having a safety inspection law similar to Utah's law.</subsection><subsection number="53-8-205(5)">Subject to Subsection <xref depth="4" refnumber="53-8-209(3)">53-8-209(3)</xref>, a violation of this section is an infraction.</subsection></section><section number="53-8-206"><histories><history>Amended by Chapter <modchap sess="2026GS">457</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Safety inspection -- Station requirements -- Permits not transferable -- Certificate of inspection -- Fees -- Unused certificates -- Suspension or revocation of permits.</catchline><subsection number="53-8-206(1)">The safety inspection required under this part may only be performed:<subsection number="53-8-206(1)(a)">by a person certified by the division as a safety inspector; and</subsection><subsection number="53-8-206(1)(b)">at a safety inspection station with a valid safety inspection station permit issued by the division.</subsection></subsection><subsection number="53-8-206(2)"><subsection number="53-8-206(2)(a)">A safety inspection station permit may not be assigned, transferred, or used at a location other than a designated location.</subsection><subsection number="53-8-206(2)(b)">The holder of a safety inspection station permit shall post the permit in a conspicuous place at the location designated in the permit.</subsection></subsection><subsection number="53-8-206(3)">If required by the division, the safety inspector shall keep a record and file a report of every safety inspection and every safety inspection certificate issued.</subsection><subsection number="53-8-206(4)"><subsection number="53-8-206(4)(a)">A safety inspection station holding a safety inspection station permit issued by the division may charge a reasonable fee for labor in performing safety inspections.</subsection><subsection number="53-8-206(4)(b)">A safety inspection station charging a fee as described in Subsection <xref depth="4" refnumber="53-8-206(4)(a)">(4)(a)</xref> shall conspicuously post the fee amount before performing a safety inspection.</subsection></subsection><subsection number="53-8-206(5)"><subsection number="53-8-206(5)(a)">A safety inspection station may return to the division unused safety inspection certificates in a quantity of 10 or more.</subsection><subsection number="53-8-206(5)(b)">The division shall reimburse the station for the cost of the returned safety inspection certificates.</subsection></subsection><subsection number="53-8-206(6)"><subsection number="53-8-206(6)(a)">Upon receiving notice of the suspension or revocation of a safety inspection station permit and after the conclusion of an adjudicative proceeding upholding the suspension or revocation, the safety inspection station permit holder shall:<subsection number="53-8-206(6)(a)(i)">immediately terminate all safety inspection activities; and</subsection><subsection number="53-8-206(6)(a)(ii)">return all safety inspection certificates and the safety inspection station permit to the division.</subsection></subsection><subsection number="53-8-206(6)(b)">The division shall issue a receipt for all unused safety inspection certificates.</subsection></subsection></section><section number="53-8-207"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">26</modchap>, 1993 General Session</history><modyear>1993</modyear><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Falsely representing to be official station or safety inspector.</catchline><subsection number="53-8-207(1)"> A person may not in any manner represent any place as a safety inspection station unless the station is operating under a valid permit issued by the division.</subsection><subsection number="53-8-207(2)"> A person may not issue a safety inspection certificate unless the person: <subsection number="53-8-207(2)(a)"> is a safety inspector certified by the division;</subsection><subsection number="53-8-207(2)(b)"> is operating under a valid safety inspection station permit issued by the division; and</subsection><subsection number="53-8-207(2)(c)"> performs the safety inspection on the motor vehicle in compliance with Section <xref depth="3" refid="C53-8-S205_1800010118000101" refnumber="53-8-205" start="0">53-8-205</xref>.</subsection></subsection><subsection number="53-8-207(3)"> An unauthorized person may not knowingly possess safety inspection certificates.</subsection></section><section number="53-8-208"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">26</modchap>, 1993 General Session</history><modyear>1993</modyear><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Counterfeit certificates of inspection.</catchline><subsection number="53-8-208(1)"> A person may not make, issue, or knowingly use any imitation or counterfeit of a safety inspection certificate.</subsection><subsection number="53-8-208(2)"> A person may not present or cause or permit to be presented any safety inspection certificate knowing the certificate to be fictitious, issued for another motor vehicle, or issued without a safety inspection having been made and passed.</subsection></section><section number="53-8-209"><histories><history>Amended by Chapter <modchap sess="2020GS">345</modchap>, 2020 General Session</history><modyear>2020</modyear><history>Amended by Chapter <modchap sess="2020GS">351</modchap>, 2020 General Session</history><modyear>2020</modyear></histories><catchline>Inspection by officers -- Certificate of inspection.</catchline><subsection number="53-8-209(1)"> A peace officer may stop, inspect, and test a vehicle at any time upon reasonable cause to believe that: <subsection number="53-8-209(1)(a)"> a vehicle is unsafe or not equipped as required by law;</subsection><subsection number="53-8-209(1)(b)"> the vehicle's equipment is not in proper adjustment or repair; or</subsection><subsection number="53-8-209(1)(c)"> the vehicle has been in an accident and a post accident investigation is necessary.</subsection></subsection><subsection number="53-8-209(2)"><subsection number="53-8-209(2)(a)"><subsection number="53-8-209(2)(a)(i)"> If a vehicle is found to be in unsafe condition or any required part or equipment is not present or is not in proper repair and adjustment, the officer may give a written notice to the driver and shall send a copy to the division.</subsection><subsection number="53-8-209(2)(a)(ii)"> The notice shall: <subsection number="53-8-209(2)(a)(ii)(A)"> require that the vehicle be placed in safe condition and the vehicle's equipment in proper repair and adjustment;</subsection><subsection number="53-8-209(2)(a)(ii)(B)"> specify the repairs and adjustments needed; and</subsection><subsection number="53-8-209(2)(a)(ii)(C)"> require that a safety inspection certificate be obtained within 14 days.</subsection></subsection></subsection><subsection number="53-8-209(2)(b)"> If a vehicle is, in the reasonable judgment of the peace officer, hazardous to operate, the peace officer may require that the vehicle:<subsection number="53-8-209(2)(b)(i)"> not be operated under its own power; or</subsection><subsection number="53-8-209(2)(b)(ii)"> be driven to the nearest garage or other place of safety.</subsection></subsection><subsection number="53-8-209(2)(c)"><subsection number="53-8-209(2)(c)(i)"> If the owner or driver does not comply with the notice requirements and secure a safety inspection certificate within 14 days, the vehicle may not be operated on the highways of this state.</subsection><subsection number="53-8-209(2)(c)(ii)"> A violation of Subsection <xref depth="4" refnumber="53-8-209(2)(c)(i)" start="0">(2)(c)(i)</xref> is an infraction.</subsection></subsection></subsection><subsection number="53-8-209(3)"> An owner or driver of a vehicle is not guilty of an infraction and is not required to pay a fee or fine if the citation was issued for: <subsection number="53-8-209(3)(a)"> expired registration in violation of Section <xref depth="3" refnumber="41-1a-201" start="0">41-1a-201</xref> or <xref depth="3" refnumber="41-1a-1303" start="0">41-1a-1303</xref>, and:<subsection number="53-8-209(3)(a)(i)"> the citation was issued within two months after the expiration of the vehicle's registration; and</subsection><subsection number="53-8-209(3)(a)(ii)"> the owner or driver registers the vehicle within 14 days after the citation was issued; or</subsection></subsection><subsection number="53-8-209(3)(b)"> a violation of Section <xref depth="3" refnumber="41-1a-205" start="0">41-1a-205</xref>, <xref depth="3" refnumber="41-6a-1601" start="0">41-6a-1601</xref>, or <xref depth="3" refnumber="53-8-205" start="0">53-8-205</xref> or any other equipment related infraction under <xref depth="2" refnumber="41-6a-16" start="0">Title 41, Chapter 6a, Part 16, Vehicle Equipment</xref>, and the owner or driver obtains a safety inspection, emissions inspection, or proof of repair, as applicable, within 14 days after the citation was issued.</subsection></subsection></section><section number="53-8-210"><histories><history>Amended by Chapter <modchap sess="2020GS">345</modchap>, 2020 General Session</history><modyear>2020</modyear></histories><catchline>Enforcement of inspection requirements.</catchline><subsection number="53-8-210(1)"> A person operating a vehicle shall submit the vehicle to a safety inspection when required to do so by a peace officer.</subsection><subsection number="53-8-210(2)"><subsection number="53-8-210(2)(a)"> An owner or driver, upon receiving a notice as provided in Section <xref depth="3" refnumber="53-8-209" start="0">53-8-209</xref>, shall within 14 business days:<subsection number="53-8-210(2)(a)(i)"> secure a safety inspection certificate; and</subsection><subsection number="53-8-210(2)(a)(ii)"> present the certificate and the repaired vehicle to the Utah Highway Patrol for verification.</subsection></subsection><subsection number="53-8-210(2)(b)"> In lieu of compliance with this subsection, the vehicle may not be operated, except as provided in Subsection <xref depth="4" refnumber="53-8-210(3)" start="0">(3)</xref>.</subsection></subsection><subsection number="53-8-210(3)"><subsection number="53-8-210(3)(a)"> A person may not operate any vehicle after receiving a notice from a peace officer that the vehicle is in need of repair or adjustment, except that a peace officer may allow the vehicle to be driven to the residence or place of business of the owner or driver or to the nearest garage where repairs are available if driving the vehicle is not excessively dangerous.</subsection><subsection number="53-8-210(3)(b)"> The vehicle may not be operated again on the highways until its equipment has been placed in proper repair and adjustment and otherwise conforms to the requirements of this part and <xref depth="1" refnumber="41-6a" start="0">Title 41, Chapter 6a, Traffic Code</xref>, and a safety inspection certificate is obtained as promptly as possible.</subsection></subsection><subsection number="53-8-210(4)"> If repair or adjustment of any vehicle or its equipment is necessary, the owner of the vehicle may obtain repair or adjustment at any place he may choose.</subsection></section><section number="53-8-211"><histories><history>Amended by Chapter <modchap sess="2020GS">71</modchap>, 2020 General Session</history><modyear>2020</modyear></histories><catchline>Safety inspection of school buses and other vehicles.</catchline><subsection number="53-8-211(1)"> For purposes of this section and Section <xref depth="3" refnumber="53-8-211.5" start="0">53-8-211.5</xref>, "education entity" means: <subsection number="53-8-211(1)(a)"> a school district;</subsection><subsection number="53-8-211(1)(b)"> a charter school;</subsection><subsection number="53-8-211(1)(c)"> a private school; and</subsection><subsection number="53-8-211(1)(d)"> the Utah Schools for the Deaf and the Blind.</subsection></subsection><subsection number="53-8-211(2)"><subsection number="53-8-211(2)(a)"> A school bus operated by an education entity in this state is required to pass a safety inspection annually.</subsection><subsection number="53-8-211(2)(b)"><subsection number="53-8-211(2)(b)(i)"> An education entity shall perform the safety inspections of a school bus that it operates in accordance with rules made by the division under <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>.</subsection><subsection number="53-8-211(2)(b)(ii)"> The rules under Subsection <xref depth="4" refnumber="53-8-211(2)(b)(i)" start="0">(2)(b)(i)</xref> shall include provisions for: <subsection number="53-8-211(2)(b)(ii)(A)"> maintaining school bus drivers' hours of service records;</subsection><subsection number="53-8-211(2)(b)(ii)(B)"> requiring school bus drivers to maintain vehicle condition reports;</subsection><subsection number="53-8-211(2)(b)(ii)(C)"> maintaining school bus maintenance and repair records; and</subsection><subsection number="53-8-211(2)(b)(ii)(D)"> validating that defects discovered during the inspection process have been corrected prior to returning a school bus to service.</subsection></subsection><subsection number="53-8-211(2)(b)(iii)"><subsection number="53-8-211(2)(b)(iii)(A)"> The division shall audit school bus safety operations of each education entity performing inspections under Subsection <xref depth="4" refnumber="53-8-211(2)(b)(i)" start="0">(2)(b)(i)</xref> to ensure compliance with the rules made under Subsection <xref depth="4" refnumber="53-8-211(2)(b)(i)" start="0">(2)(b)(i)</xref>.</subsection><subsection number="53-8-211(2)(b)(iii)(B)"> The audit may include both a formal examination of the education entity's inspection records and a random physical inspection of buses that have been safety inspected by the education entity.</subsection></subsection><subsection number="53-8-211(2)(b)(iv)"> An education entity must have a comprehensive school bus maintenance plan approved by the division in order to participate in the safety inspection program.</subsection><subsection number="53-8-211(2)(b)(v)"> An education entity may not operate any vehicle found to have mechanical or other defects that would endanger the safety of passengers and the public until the defects have been corrected.</subsection></subsection></subsection><subsection number="53-8-211(3)"> In addition to a safety inspection required under Subsection <xref depth="4" refnumber="53-8-211(2)(b)" start="0">(2)(b)</xref>, the Highway Patrol shall: <subsection number="53-8-211(3)(a)"> perform random safety inspections:<subsection number="53-8-211(3)(a)(i)"> annually on a minimum of 20% of the school buses operated by an education entity; and</subsection><subsection number="53-8-211(3)(a)(ii)"> on 100% of school buses operated by an education entity when inspections conducted pursuant to Subsection <xref depth="4" refnumber="53-8-211(3)(a)(i)" start="0">(3)(a)(i)</xref> result in an out-of-service failure rate as determined by the division;</subsection></subsection><subsection number="53-8-211(3)(b)"> verify that defects discovered during an inspection under Subsection <xref depth="4" refnumber="53-8-211(3)(a)" start="0">(3)(a)</xref> have been corrected; and</subsection><subsection number="53-8-211(3)(c)"> make publicly available the results of inspections performed under Subsection <xref depth="4" refnumber="53-8-211(3)(a)" start="0">(3)(a)</xref>.</subsection></subsection><subsection number="53-8-211(4)"> Motor vehicles operated by an education entity, and not used for the transportation of students, are subject to Section <xref depth="3" refnumber="53-8-205" start="0">53-8-205</xref>.</subsection></section><section number="53-8-211.5"><histories><history>Amended by Chapter <modchap sess="2017GS">145</modchap>, 2017 General Session</history><modyear>2017</modyear></histories><catchline>School bus safety standards -- Exceptions.</catchline><subsection number="53-8-211.5(1)"> Beginning July 1, 2003, an education entity, as defined in Section <xref depth="3" refnumber="53-8-211" start="0">53-8-211</xref>, may not use a vehicle with a seating capacity of 11 or more, including the driver, for the transportation of its students unless the vehicle meets federal school bus safety standards under 49 U.S.C. Sec. 30101, et seq.</subsection><subsection number="53-8-211.5(2)"> Subsection <xref depth="4" refnumber="53-8-211.5(1)" start="0">(1)</xref> does not apply to a vehicle operated by a common carrier, as defined in Section <xref depth="3" refnumber="59-12-102" start="0">59-12-102</xref>, if the common carrier is not exclusively engaged in the transportation of students.</subsection></section><section number="53-8-212"><histories><history>Renumbered and Amended by Chapter <modchap sess="1993GS">234</modchap>, 1993 General Session</history><modyear>1993</modyear></histories><catchline>Suspension of registration.</catchline><tab/>The State Tax Commission shall suspend the registration of any vehicle the division determines is in an unsafe condition or which after notice and demand is not equipped as required in this part and <xref depth="0" refid="C41_1800010118000101" refnumber="41" start="0">Title 41, Motor Vehicles</xref>. </section><section number="53-8-213"><histories><history>Amended by Chapter <modchap sess="2005GS">2</modchap>, 2005 General Session</history><modyear>2005</modyear></histories><catchline>Special function officer status for certain employees -- Retirement provisions.</catchline><subsection number="53-8-213(1)"> The commissioner may designate an employee of the Utah Highway Patrol Division as a special function officer, as defined in Section <xref depth="3" refid="C53-13-S105_1800010118000101" refnumber="53-13-105" start="0">53-13-105</xref>, for the purpose of enforcing all laws relating to vehicle parts and equipment, including the provisions of this part and <xref depth="2" refid="" refnumber="41-6a-16" start="0">Title 41, Chapter 6a, Part 16, Vehicle Equipment</xref>.</subsection><subsection number="53-8-213(2)"> Notwithstanding Section <xref depth="3" refid="C49-15-S201_1800010118000101" refnumber="49-15-201" start="0">49-15-201</xref>, a special function officer designated under this section may not become or be designated as a member of the Public Safety Retirement Systems.</subsection></section><section number="53-8-214"><histories><history>Amended by Chapter <modchap sess="2026GS">485</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Creation of the Motor Vehicle Safety Impact Restricted Account.</catchline><subsection number="53-8-214(1)">There is created a restricted account within the General Fund known as the Motor Vehicle Safety Impact Restricted Account.</subsection><subsection number="53-8-214(2)">The account includes:<subsection number="53-8-214(2)(a)">deposits made to the restricted account from registration fees as described in Subsection <xref depth="4" refnumber="41-1a-1201(7)">41-1a-1201(7)</xref>;</subsection><subsection number="53-8-214(2)(b)">deposits into the account as described in Section <xref depth="3" refnumber="41-1a-1211">41-1a-1211</xref>;</subsection><subsection number="53-8-214(2)(c)">donations or deposits made to the account;</subsection><subsection number="53-8-214(2)(d)">appropriations from the Legislature; and</subsection><subsection number="53-8-214(2)(e)">any interest earned on the account.</subsection></subsection><subsection number="53-8-214(3)">Upon appropriation, the division may use funds in the account to improve motor vehicle safety, mitigate impacts, and enforce safety provisions, including the following:<subsection number="53-8-214(3)(a)">hiring new Highway Patrol troopers;</subsection><subsection number="53-8-214(3)(b)">payment of overtime for Highway Patrol troopers; and</subsection><subsection number="53-8-214(3)(c)">acquisition of equipment to improve motor vehicle safety impacts and enforcement.</subsection></subsection><subsection number="53-8-214(4)">The division shall annually report to the Criminal Justice Appropriations Subcommittee to justify expenditures and use of funds in the account.</subsection></section></part><part number="53-8-3"><catchline>Aero Bureau Act</catchline><section number="53-8-301"><histories><history>Enacted by Chapter <modchap sess="2012GS">71</modchap>, 2012 General Session</history><modyear>2012</modyear></histories><catchline>Title.</catchline><tab/>This part is known as the "Aero Bureau Act." </section><section number="53-8-302"><histories><history>Enacted by Chapter <modchap sess="2012GS">71</modchap>, 2012 General Session</history><modyear>2012</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this section, "Aero Bureau" means the bureau within the division that provides aerial assistance for law enforcement activities within the state. </section><section number="53-8-303"><histories><history>Enacted by Chapter <modchap sess="2012GS">71</modchap>, 2012 General Session</history><modyear>2012</modyear></histories><catchline>Utah Highway Patrol Aero Bureau Restricted Account.</catchline><subsection number="53-8-303(1)"> As used in this section, "account" means the Utah Highway Patrol Aero Bureau Restricted Account created by this section.</subsection><subsection number="53-8-303(2)"> There is created a restricted account in the General Fund known as the "Utah Highway Patrol Aero Bureau Restricted Account."</subsection><subsection number="53-8-303(3)"> The account shall consist of: <subsection number="53-8-303(3)(a)"> money deposited into the account in accordance with Section <xref depth="3" refid="C41-22-S19_1800010118000101" refnumber="41-22-19" start="0">41-22-19</xref>;</subsection><subsection number="53-8-303(3)(b)"> money appropriated to the account by the Legislature; and</subsection><subsection number="53-8-303(3)(c)"> any other public or private money received by the division that is:<subsection number="53-8-303(3)(c)(i)"> given to the division for purposes consistent with this section; and</subsection><subsection number="53-8-303(3)(c)(ii)"> deposited into the account at the request of: <subsection number="53-8-303(3)(c)(ii)(A)"> the division; or</subsection><subsection number="53-8-303(3)(c)(ii)(B)"> the person giving the money.</subsection></subsection></subsection></subsection><subsection number="53-8-303(4)"> Money in the account may only be expended for: <subsection number="53-8-303(4)(a)"> the purchase of aircraft and helicopters for use by the Aero Bureau in search and rescue operations;</subsection><subsection number="53-8-303(4)(b)"> replacement, maintenance, and upgrade of search and rescue equipment;</subsection><subsection number="53-8-303(4)(c)"> search and rescue training and certification for division officers and employees;</subsection><subsection number="53-8-303(4)(d)"> personnel and fuel costs of the Aero Bureau associated with providing search and rescue services; and</subsection><subsection number="53-8-303(4)(e)"> any other equipment or expenses necessary or appropriate for conducting search and rescue activities.</subsection></subsection></section></part></chapter><chapter number="53-9"><catchline>Private Investigator Regulation Act</catchline><section number="53-9-101"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Enacted by Chapter <modchap sess="1995GS">314</modchap>, 1995 General Session</history><modyear>1995</modyear></histories><catchline>Title.</catchline><tab/>This chapter is known as the "Private Investigator Regulation Act." </section><section number="53-9-102"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2025S1">9</modchap>, 2025 Special Session 1</history><modyear>2025</modyear></histories><catchline>Definitions.</catchline><tab/>In this chapter, unless otherwise stated:<subsection number="53-9-102(1)">"Adequate records" means records containing, at a minimum, sufficient information to identify the client, the dates of service, the fee for service, the payments for service, the type of service given, and copies of any reports that may have been made.</subsection><subsection number="53-9-102(2)">"Advertising" means the submission of bids, contracting or making known by any public notice, publication, or solicitation of business, directly or indirectly, that services regulated under this chapter are available for consideration.</subsection><subsection number="53-9-102(3)">"Agency" means a person who holds an agency license pursuant to this chapter, and includes one who employs an individual for wages and salary, and withholds all legally required deductions and contributions, or contracts with a registrant or an apprentice on a part-time or case-by-case basis to conduct an investigation on behalf of the agency.</subsection><subsection number="53-9-102(4)">"Applicant" means any person who has submitted a completed application and all required fees.</subsection><subsection number="53-9-102(5)">"Apprentice" means a person who holds an apprentice license pursuant to this chapter, has not met the requirements for registration, and works under the direct supervision and guidance of an agency.</subsection><subsection number="53-9-102(6)">"Board" means the Bail Bond Recovery and Private Investigator Licensure Board created in Section <xref depth="3" refnumber="53-11-104">53-11-104</xref>.</subsection><subsection number="53-9-102(7)">"Bureau" means the Bureau of Criminal Identification created in Section <xref depth="3" refnumber="53-10-201">53-10-201</xref>.</subsection><subsection number="53-9-102(8)">"Commissioner" means the commissioner of the Department of Public Safety.</subsection><subsection number="53-9-102(9)">"Conviction" means an adjudication of guilt by a federal, state, or local court resulting from trial or plea, including a plea of no contest, regardless of whether the imposition of sentence was suspended.</subsection><subsection number="53-9-102(10)">"Department" means the Department of Public Safety.</subsection><subsection number="53-9-102(11)">"Direct supervision" means that the agency or employer:<subsection number="53-9-102(11)(a)">is responsible for, and authorizes, the type and extent of work assigned;</subsection><subsection number="53-9-102(11)(b)">reviews and approves all work produced by the apprentice before it goes to the client;</subsection><subsection number="53-9-102(11)(c)">closely supervises and provides direction and guidance to the apprentice in the performance of his assigned work; and</subsection><subsection number="53-9-102(11)(d)">is immediately available to the apprentice for verbal contact, including by electronic means.</subsection></subsection><subsection number="53-9-102(12)">"DOD civilian" means the same as that term is defined in Section <xref depth="3" refnumber="53H-11-202">53H-11-202</xref>.</subsection><subsection number="53-9-102(13)">"Emergency action" means a summary suspension of a license pending revocation, suspension, or probation in order to protect the public health, safety, or welfare.</subsection><subsection number="53-9-102(14)">"Employee" means an individual who works for an agency or other employer, is listed on the agency's or employer's payroll records, and is under the agency's or employer's direction and control. An employee is not an independent contractor.</subsection><subsection number="53-9-102(15)">"Identification card" means a card issued by the commissioner to a qualified applicant for an agency, registrant, or apprentice license.</subsection><subsection number="53-9-102(16)">"Letter of concern" means an advisory letter to notify a licensee that while there is insufficient evidence to support probation, suspension, or revocation of a license, the department informs the licensee of the need to modify or eliminate certain practices and that continuation of the activities that led to the information being submitted to the department may result in further disciplinary action against the licensee.</subsection><subsection number="53-9-102(17)">"Licensee" means a person to whom an agency, registrant, or apprentice license is issued by the department.</subsection><subsection number="53-9-102(18)"><subsection number="53-9-102(18)(a)">"Private investigator or private detective" means any person, except collection agencies and credit reporting agencies, who, for consideration, engages in business or accepts employment to conduct any investigation for the purpose of obtaining information with reference to:<subsection number="53-9-102(18)(a)(i)">crime, wrongful acts, or threats against the United States or any state or territory of the United States;</subsection><subsection number="53-9-102(18)(a)(ii)">the identity, reputation, character, habits, conduct, business occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movements, whereabouts, affiliations, associations, or transactions of any person or group of persons;</subsection><subsection number="53-9-102(18)(a)(iii)">the credibility of witnesses or other persons;</subsection><subsection number="53-9-102(18)(a)(iv)">the whereabouts of missing persons or owners of abandoned property;</subsection><subsection number="53-9-102(18)(a)(v)">the causes and origin of, or responsibility for a fire, libel, slander, a loss, an accident, damage, or an injury to real or personal property;</subsection><subsection number="53-9-102(18)(a)(vi)">the business of securing evidence to be used before investigating committees or boards of award or arbitration or in the trial of civil or criminal cases and the trial preparation;</subsection><subsection number="53-9-102(18)(a)(vii)">the prevention, detection, and removal of installed devices for eavesdropping or observation;</subsection><subsection number="53-9-102(18)(a)(viii)">the business of "skip tracing" persons who have become delinquent in their lawful debts, either when hired by an individual, collection agency, or through the direct purchase of the debt from a financial institution or entity owning the debt or judgment; or</subsection><subsection number="53-9-102(18)(a)(ix)">serving civil process.</subsection></subsection><subsection number="53-9-102(18)(b)">"Private investigator or private detective" does not include:<subsection number="53-9-102(18)(b)(i)">any person or employee conducting an investigation on the person's or employee's own behalf or on behalf of the employer if the employer is not a private investigator under this chapter;</subsection><subsection number="53-9-102(18)(b)(ii)">an employee of an attorney licensed to practice law in this state; or</subsection><subsection number="53-9-102(18)(b)(iii)">a currently licensed certified public accountant or CPA as defined in Section <xref depth="3" refnumber="58-26a-102">58-26a-102</xref>.</subsection></subsection></subsection><subsection number="53-9-102(19)">"Qualifying party" means the individual meeting the qualifications under this chapter for a private investigator license.</subsection><subsection number="53-9-102(20)">"Registrant" means any person who holds a registrant license pursuant to this chapter. The registrant performs private investigative work either as an employee on an employer's payroll or, on a contract with an agency, part-time, or case-by-case basis, with a minimum amount of direction.</subsection><subsection number="53-9-102(21)">"Restructuring" means any change in the legal status of a business.</subsection><subsection number="53-9-102(22)">"Unprofessional conduct" means any of the following:<subsection number="53-9-102(22)(a)">engaging or offering to engage by fraud or misrepresentation in any activities regulated by this chapter;</subsection><subsection number="53-9-102(22)(b)">aiding or abetting a person who is not licensed pursuant to this chapter in representing that person as a private investigator or registrant in this state;</subsection><subsection number="53-9-102(22)(c)">gross negligence in the practice of a private investigator or registrant;</subsection><subsection number="53-9-102(22)(d)">failing or refusing to maintain adequate records and investigative findings on a subject of investigation or a client;</subsection><subsection number="53-9-102(22)(e)">committing a felony or a misdemeanor involving any crime that is grounds for denial, suspension, or revocation of an agency, registrant, or apprentice license. In all cases, conviction by a court of competent jurisdiction or a plea of no contest is conclusive evidence of the commission of the crime; or</subsection><subsection number="53-9-102(22)(f)">making a fraudulent or untrue statement to the bureau, board, department, or its investigators, staff, or consultants.</subsection></subsection></section><section number="53-9-103"><enddate type="RN">9/1/2026</enddate><histories><history>Renumbered and Amended by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2014GS">378</modchap>, 2014 General Session</history><modyear>2014</modyear></histories><catchline>Commissioner of Public Safety to administer -- Bureau to issue licenses -- Records -- Bonds -- Rulemaking.</catchline><subsection number="53-9-103(1)"> The commissioner shall administer this chapter.</subsection><subsection number="53-9-103(2)"><subsection number="53-9-103(2)(a)"> The bureau, acting at the direction of the commissioner, shall issue a private investigator license to an applicant whom the board finds meets the qualifications for licensure under this chapter.</subsection><subsection number="53-9-103(2)(b)"> The bureau shall issue a license to an apprentice applicant who meets the qualifications for licensure under this chapter within five business days of receipt of the application.</subsection><subsection number="53-9-103(2)(c)"> The bureau shall notify each licensee under this chapter when a licensee's license is due for renewal in accordance with procedures established by rule.</subsection></subsection><subsection number="53-9-103(3)"><subsection number="53-9-103(3)(a)"> The bureau shall keep records of:<subsection number="53-9-103(3)(a)(i)"> all applications for licenses under this chapter; and</subsection><subsection number="53-9-103(3)(a)(ii)"> all bonds and proof of certificates of liability and workers' compensation insurance required to be filed.</subsection></subsection><subsection number="53-9-103(3)(b)"> The records shall include statements as to whether a license or renewal license has been issued for each application.</subsection></subsection><subsection number="53-9-103(4)"> If a license is revoked, suspended, canceled, or denied or if a licensee is placed on probation, the date of filing the order for revocation, suspension, cancellation, denial, or probation shall be included in the records.</subsection><subsection number="53-9-103(5)"> The bureau shall maintain: <subsection number="53-9-103(5)(a)"> a list of all licensees whose license has been revoked, suspended, placed on probation, or canceled; and</subsection><subsection number="53-9-103(5)(b)"> a written record of complaints filed against licensees.</subsection></subsection><subsection number="53-9-103(6)"> In accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, the commissioner may make rules governing the administration of the provisions of this chapter.</subsection></section><section number="53-9-107"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2021GS">211</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Classification of licenses -- License required to act.</catchline><subsection number="53-9-107(1)"> Every person applying for a license under this chapter shall indicate on the application which of the following licenses the applicant is applying for: <subsection number="53-9-107(1)(a)"> an agency license shall be issued to an applicant who meets the agency requirements of Sections <xref depth="3" refnumber="53-9-108" start="0">53-9-108</xref> and <xref depth="3" refnumber="53-9-109" start="0">53-9-109</xref>;</subsection><subsection number="53-9-107(1)(b)"> a registrant license shall be issued to an applicant who meets the registrant requirements of Sections <xref depth="3" refnumber="53-9-108" start="0">53-9-108</xref> and <xref depth="3" refnumber="53-9-110" start="0">53-9-110</xref>; or</subsection><subsection number="53-9-107(1)(c)"> an apprentice license shall be issued to an applicant who meets the apprentice requirements of Sections <xref depth="3" refnumber="53-9-108" start="0">53-9-108</xref> and <xref depth="3" refnumber="53-9-110" start="0">53-9-110</xref>.</subsection></subsection><subsection number="53-9-107(2)"> Unless licensed under this chapter, a person may not: <subsection number="53-9-107(2)(a)"> act or assume to act as, or represent himself to be:<subsection number="53-9-107(2)(a)(i)"> a licensee; or</subsection><subsection number="53-9-107(2)(a)(ii)"> a private investigator or private detective as defined in Section <xref depth="3" refnumber="53-9-102" start="0">53-9-102</xref> or conduct any investigation as described in the definition of private investigator or private detective; or</subsection></subsection><subsection number="53-9-107(2)(b)"> falsely represent to be employed by or for an independent contractor for an agency.</subsection></subsection><subsection number="53-9-107(3)"> A licensed registrant, as defined in Section <xref depth="3" refnumber="53-9-102" start="0">53-9-102</xref>, may only work as an employee of, or as an independent contractor for, an agency licensed under this chapter, and may not: <subsection number="53-9-107(3)(a)"> advertise the licensed registrant's services or conduct investigations for the general public; or</subsection><subsection number="53-9-107(3)(b)"> employ other private investigators or hire them as independent contractors.</subsection></subsection><subsection number="53-9-107(4)"><subsection number="53-9-107(4)(a)"> A licensed apprentice, as defined in Section <xref depth="3" refnumber="53-9-102" start="0">53-9-102</xref>, may only work under the direct supervision and guidance of an agency licensed under this chapter, and may not:<subsection number="53-9-107(4)(a)(i)"> advertise the licensed apprentice's services or conduct investigations for the general public;</subsection><subsection number="53-9-107(4)(a)(ii)"> employ other private investigators; or</subsection><subsection number="53-9-107(4)(a)(iii)"> obtain information from the Utah State Tax Commission Motor Vehicle Division or Driver License Division within the Department of Public Safety, except the apprentice may utilize information from these agencies for a legitimate business need and under the direct supervision and guidance of a licensed agency.</subsection></subsection><subsection number="53-9-107(4)(b)"> A registrant or apprentice whose license has been suspended or revoked shall immediately notify the agency which supervises the registrant or apprentice of the action.</subsection></subsection></section><section number="53-9-108"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2024GS">194</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Qualifications for licensure.</catchline><subsection number="53-9-108(1)"><subsection number="53-9-108(1)(a)">An applicant under this chapter shall be at least:<subsection number="53-9-108(1)(a)(i)">21 years old to apply for an agency license or a registrant license; or</subsection><subsection number="53-9-108(1)(a)(ii)">18 years old to apply for an apprentice license.</subsection></subsection><subsection number="53-9-108(1)(b)">An applicant may not have been:<subsection number="53-9-108(1)(b)(i)">convicted of a felony;</subsection><subsection number="53-9-108(1)(b)(ii)">convicted of an act involving illegally using, carrying, or possessing a dangerous weapon;</subsection><subsection number="53-9-108(1)(b)(iii)">convicted of an act of personal violence or force on any person or convicted of threatening to commit an act of personal violence or force against another person;</subsection><subsection number="53-9-108(1)(b)(iv)">convicted of an act constituting dishonesty or fraud;</subsection><subsection number="53-9-108(1)(b)(v)">convicted of an act involving moral turpitude within the past 10 years unless the conviction has been expunged under the provisions of Title 77, Chapter 40a, Expungement of Criminal Records;</subsection><subsection number="53-9-108(1)(b)(vi)">placed on probation or parole;</subsection><subsection number="53-9-108(1)(b)(vii)">named in an outstanding arrest warrant; or</subsection><subsection number="53-9-108(1)(b)(viii)">convicted of illegally obtaining or disclosing private, controlled, or protected records as provided in Section <xref depth="3" refnumber="63G-2-801">63G-2-801</xref>.</subsection></subsection><subsection number="53-9-108(1)(c)">If previously or currently licensed in another state or jurisdiction, the applicant shall be in good standing within that state or jurisdiction.</subsection></subsection><subsection number="53-9-108(2)">In assessing if an applicant meets the requirements under Subsection (1)(b), the board shall consider mitigating circumstances presented by an applicant.</subsection><subsection number="53-9-108(3)"><subsection number="53-9-108(3)(a)">An applicant for an agency license shall have:<subsection number="53-9-108(3)(a)(i)">a minimum of 5,000 hours of investigative experience that consists of actual work performed as a licensed private investigator, an investigator in the private sector, an investigator for the federal government, or an investigator for a state, county, or municipal government; or</subsection><subsection number="53-9-108(3)(a)(ii)">if the applicant held a registrant license or an apprentice license under this chapter on or before May 1, 2010, a minimum of 2,000 hours of investigative experience that consists of actual work performed as a licensed private investigator, an investigator in the private sector, an investigator for the federal government, or an investigator for a state, county, or municipal government.</subsection></subsection><subsection number="53-9-108(3)(b)">An applicant for a registrant license shall have a minimum of 2,000 hours of investigative experience that consists of actual investigative work performed as a licensed private investigator, an investigator in the private sector, an investigator for the federal government, an investigator for a state, county, or municipal government, or a process server.</subsection><subsection number="53-9-108(3)(c)">At least 1,000 hours of the investigative experience required under this Subsection (3) shall have been performed within 10 years immediately prior to the application.</subsection><subsection number="53-9-108(3)(d)">An applicant shall substantiate investigative work experience required under this Subsection (3) by providing:<subsection number="53-9-108(3)(d)(i)">the exact details as to the character and nature of the investigative work on a form prescribed by the bureau and certified by the applicant's employers; or</subsection><subsection number="53-9-108(3)(d)(ii)">if the applicant is applying for the reinstatement of an agency license, internal records of the applicant that demonstrate the investigative work experience requirement has previously been met.</subsection></subsection><subsection number="53-9-108(3)(e)"><subsection number="53-9-108(3)(e)(i)">The applicant shall prove completion of the investigative experience required under this Subsection (3) to the satisfaction of the board and the board may independently verify the certification offered on behalf of the applicant.</subsection><subsection number="53-9-108(3)(e)(ii)">The board may independently confirm the claimed investigative experience and the verification of the applicant's employers.</subsection></subsection></subsection><subsection number="53-9-108(4)">An applicant for an apprentice license, lacking the investigative experience required for a registrant license, shall meet all of the qualification standards in Subsection (1), and shall complete an apprentice application.</subsection><subsection number="53-9-108(5)">An applicant for an agency or registrant license may receive credit toward the hours of investigative experience required under Subsection (3) as follows:<subsection number="53-9-108(5)(a)">an applicant may receive credit for 2,000 hours of investigative experience if the applicant:<subsection number="53-9-108(5)(a)(i)">has an associate's degree in criminal justice or police science from an accredited college or university; or</subsection><subsection number="53-9-108(5)(a)(ii)">is certified as a peace officer; and</subsection></subsection><subsection number="53-9-108(5)(b)">an applicant may receive credit for 4,000 hours of investigative experience if the applicant has a bachelor's degree in criminal justice or police science from an accredited college or university.</subsection></subsection><subsection number="53-9-108(6)">The board shall determine if the applicant may receive credit under Subsection (5) toward the investigative and educational experience requirements under Subsection (3).</subsection></section><section number="53-9-109"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2011GS">432</modchap>, 2011 General Session</history><modyear>2011</modyear></histories><catchline>Application for agency license -- Liability insurance -- Workers' compensation.</catchline><subsection number="53-9-109(1)"> Every application for an agency license to engage in the private investigative business shall provide to the bureau: <subsection number="53-9-109(1)(a)"> the full name and business address of the applicant;</subsection><subsection number="53-9-109(1)(b)"> one passport-size color photograph of the applicant;</subsection><subsection number="53-9-109(1)(c)"> the name under which the applicant intends to do business;</subsection><subsection number="53-9-109(1)(d)"> a statement that the applicant intends to engage in the private investigative business;</subsection><subsection number="53-9-109(1)(e)"> a verified statement of the applicant's experience and qualifications as provided in Section <xref depth="3" refid="C53-9-S108_1800010118000101" refnumber="53-9-108" start="0">53-9-108</xref>; and</subsection><subsection number="53-9-109(1)(f)"> the fee prescribed in Section <xref depth="3" refid="C53-9-S111_1800010118000101" refnumber="53-9-111" start="0">53-9-111</xref>.</subsection></subsection><subsection number="53-9-109(2)"> Before the issuance or renewal of an agency license, the applicant shall provide to the bureau: <subsection number="53-9-109(2)(a)"> a certificate of liability insurance; and</subsection><subsection number="53-9-109(2)(b)"> a certificate of workers' compensation insurance, if applicable.</subsection></subsection><subsection number="53-9-109(3)"> The liability insurance required by this section shall: <subsection number="53-9-109(3)(a)"> protect against liability to third persons;</subsection><subsection number="53-9-109(3)(b)"> contain a limit of liability in an amount of not less than $500,000;</subsection><subsection number="53-9-109(3)(c)"> be continuous in form and run concurrently with the license period; and</subsection><subsection number="53-9-109(3)(d)"> provide for notice to the bureau in the event of cancellation of the liability insurance.</subsection></subsection><subsection number="53-9-109(4)"><subsection number="53-9-109(4)(a)"> The bureau shall cancel a license when it receives notice from the insurer that liability insurance required under Subsection <xref depth="4" refid="C53-9-S109_1800010118000101" refnumber="53-9-109(2)" start="0">(2)</xref> has expired or been canceled.</subsection><subsection number="53-9-109(4)(b)"> The licensee shall be notified by the bureau when a license has been cancelled under this Subsection <xref depth="4" refid="C53-9-S109_1800010118000101" refnumber="53-9-109(4)" start="0">(4)</xref>.</subsection><subsection number="53-9-109(4)(c)"> The license may be reinstated when the licensee:<subsection number="53-9-109(4)(c)(i)"> files proof of liability insurance for the remainder of the license period; and</subsection><subsection number="53-9-109(4)(c)(ii)"> pays the reinstatement fee prescribed in Section <xref depth="3" refid="C53-9-S111_1800010118000101" refnumber="53-9-111" start="0">53-9-111</xref>.</subsection></subsection></subsection></section><section number="53-9-110"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2025GS">359</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Application for registrant or apprentice license.</catchline><subsection number="53-9-110(1)">Every application for a registrant or apprentice license shall provide to the bureau:<subsection number="53-9-110(1)(a)">the full name and address of the applicant;</subsection><subsection number="53-9-110(1)(b)">one passport-size color photograph of the applicant;</subsection><subsection number="53-9-110(1)(c)">the name of the licensed agency for which the applicant will be an employee, apprentice, or contract registrant, if applicable;</subsection><subsection number="53-9-110(1)(d)">authorization of the licensed agency or licensed agency's designee to employ the apprentice or contract with the registrant, if applicable;</subsection><subsection number="53-9-110(1)(e)">a verified statement of the applicant's experience and qualifications as provided in Section <xref depth="3" refnumber="53-9-108" start="0">53-9-108</xref>; and</subsection><subsection number="53-9-110(1)(f)">the fee required by Section <xref depth="3" refnumber="53-9-111" start="0">53-9-111</xref>.</subsection></subsection><subsection number="53-9-110(2)">An application for a registrant or apprentice license or renewal shall include a surety bond in the amount of $10,000.</subsection><subsection number="53-9-110(3)">The surety bond required by this section shall:<subsection number="53-9-110(3)(a)">be in effect throughout the entire licensing period; and</subsection><subsection number="53-9-110(3)(b)">provide that the issuer of the surety bond shall notify the bureau if the surety bond is cancelled or expired.</subsection></subsection><subsection number="53-9-110(4)"><subsection number="53-9-110(4)(a)">The bureau shall cancel a license when the bureau receives notice from the issuer that the surety bond required in Subsection <xref depth="4" refnumber="53-9-110(2)" start="0">(2)</xref> has expired or been cancelled.</subsection><subsection number="53-9-110(4)(b)">The bureau shall notify the licensee and the licensee's sponsoring agent when the bureau cancels a license under Subsection <xref refnumber="53-9-110(4)(a)" depth="4">(4)(a)</xref>.</subsection><subsection number="53-9-110(4)(c)">The bureau may reinstate a license when the licensee:<subsection number="53-9-110(4)(c)(i)">files proof of a surety bond for the remainder of the license period; and</subsection><subsection number="53-9-110(4)(c)(ii)">pays the reinstatement fee required by Section <xref depth="3" refnumber="53-9-111" start="0">53-9-111</xref>.</subsection></subsection></subsection></section><section number="53-9-111"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2025GS">359</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>License fees -- Renewal, reinstatement of license -- Deposit of fees in General Fund.</catchline><subsection number="53-9-111(1)">The bureau shall set fees for individual and agency licensure and renewal in accordance with Section <xref depth="3" refnumber="63J-1-504" start="0">63J-1-504</xref>.</subsection><subsection number="53-9-111(2)"><subsection number="53-9-111(2)(a)">The bureau may renew a license granted under this chapter upon receipt of:<subsection number="53-9-111(2)(a)(i)">a renewal application on forms as required by the bureau; and</subsection><subsection number="53-9-111(2)(a)(ii)">the fees required by Subsection <xref depth="4" refnumber="53-9-111(1)" start="0">(1)</xref>.</subsection></subsection><subsection number="53-9-111(2)(b)"><subsection number="53-9-111(2)(b)(i)">The renewal of a license requires the filing of: <subsection number="53-9-111(2)(b)(i)(A)">all certificates of insurance or proof of surety bond as required by this chapter; and</subsection><subsection number="53-9-111(2)(b)(i)(B)">beginning May 7, 2027, documentation of 16 hours of continuing education.</subsection></subsection><subsection number="53-9-111(2)(b)(ii)">The bureau may not renew a license more than 180 days after expiration.</subsection></subsection><subsection number="53-9-111(2)(c)">A licensee may not engage in activity subject to this chapter during the period between the date of expiration of the license and the renewal of the license.</subsection></subsection><subsection number="53-9-111(3)"><subsection number="53-9-111(3)(a)">The bureau shall renew a suspended license if:<subsection number="53-9-111(3)(a)(i)">the period of suspension is complete;</subsection><subsection number="53-9-111(3)(a)(ii)">the bureau has received a renewal application from the applicant on forms as required by the bureau; and</subsection><subsection number="53-9-111(3)(a)(iii)">the applicant has:<subsection number="53-9-111(3)(a)(iii)(A)">filed all certificates of insurance or proof of surety bond as required by this chapter; and</subsection><subsection number="53-9-111(3)(a)(iii)(B)">paid the fees required by this section for renewal, including a delinquency fee if the bureau does not receive the application within 30 days after the day on which the bureau terminates the suspension.</subsection></subsection></subsection><subsection number="53-9-111(3)(b)">Renewal of the license does not entitle the licensee, while the license remains suspended and until the license is reinstated, to engage in activity regulated by this chapter, or in other activity or conduct in violation of the order or judgment by which the license was suspended.</subsection></subsection><subsection number="53-9-111(4)">The bureau may not reinstate a revoked license or accept an application for a license from a person whose license has been revoked for at least one year after the date of revocation.</subsection><subsection number="53-9-111(5)">The bureau shall deposit fees, except the fingerprint processing fee, collected by the bureau under this section into the General Fund.</subsection></section><section number="53-9-112"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2025GS">302</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Amended by Chapter <modchap sess="2025GS">359</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Issuance of license and identification card to applicant -- License period -- Expiration of application -- Transfer of license prohibited.</catchline><subsection number="53-9-112(1)"><subsection number="53-9-112(1)(a)">The commissioner shall issue a license to an applicant who complies with the provisions of this chapter. </subsection><subsection number="53-9-112(1)(b)">Each license issued under this chapter shall:<subsection number="53-9-112(1)(b)(i)">contain the name and address of the licensee, the license, the license number, and the license's agency, registrant, or apprentice license designation; and</subsection><subsection number="53-9-112(1)(b)(ii)">be issued for a period of two years.</subsection></subsection></subsection><subsection number="53-9-112(2)">On the issuance of a license, an identification card shall:<subsection number="53-9-112(2)(a)">be issued without charge to the licensee; and</subsection><subsection number="53-9-112(2)(b)">state on the identification card's face: <subsection number="53-9-112(2)(b)(i)">whether the bearer holds an agency, registrant, or apprentice license;</subsection><subsection number="53-9-112(2)(b)(ii)">the license number;</subsection><subsection number="53-9-112(2)(b)(iii)">the expiration date; and</subsection><subsection number="53-9-112(2)(b)(iv)">a current photograph of the licensee.</subsection></subsection></subsection><subsection number="53-9-112(3)"><subsection number="53-9-112(3)(a)">A registrant identification card shall state that the licensee is under the direction of a licensed agency and may not do investigative work independently for the public.</subsection><subsection number="53-9-112(3)(b)">An apprentice identification card shall state that the licensee is under the direct supervision of a licensed agency and may not do investigative work independently for the public.</subsection></subsection><subsection number="53-9-112(4)">Upon request by a person having reasonable cause to verify the validity of the license, the licensee shall immediately identify the agency name and the name and phone number of an agent of the licensed agency for which the licensee is an employee or independent contractor.</subsection><subsection number="53-9-112(5)"><subsection number="53-9-112(5)(a)">On notification by the commissioner to an applicant that the license is not complete, or is not ready for issuance pending additional information, the applicant shall complete the application process and provide the additional information within 90 days.</subsection><subsection number="53-9-112(5)(b)">Failure to complete the process shall result in the application being cancelled and all fees forfeited.</subsection><subsection number="53-9-112(5)(c)">Subsequent application by the same applicant requires the payment of all application and license fees required by Section <xref depth="3" refid="C53-9-S111_1800010118000101" refnumber="53-9-111" start="0">53-9-111</xref>.</subsection></subsection><subsection number="53-9-112(6)"><subsection number="53-9-112(6)(a)">A licensee shall notify the commissioner of any change in the name or address of the licensee's business within 60 days of the change.</subsection><subsection number="53-9-112(6)(b)"><subsection number="53-9-112(6)(b)(i)">If there is evidence that the licensee knowingly failed to notify the commissioner, the bureau shall suspend the license.</subsection><subsection number="53-9-112(6)(b)(ii)">To relieve the suspension, the licensee shall apply for reinstatement and pay the fee required by Section <xref depth="3" refid="C53-9-S111_1800010118000101" refnumber="53-9-111" start="0">53-9-111</xref>.</subsection></subsection></subsection><subsection number="53-9-112(7)">A license issued under this chapter is not transferable or assignable.</subsection></section><section number="53-9-113"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2011GS">432</modchap>, 2011 General Session</history><modyear>2011</modyear></histories><catchline>Grounds for denial of a license -- Appeal.</catchline><subsection number="53-9-113(1)"> The board may deny a license or the renewal of a license if the applicant has: <subsection number="53-9-113(1)(a)"> committed an act that, if committed by a licensee, would be grounds for probation, suspension, or revocation of a license under this chapter;</subsection><subsection number="53-9-113(1)(b)"> employed or contracted with a person who has been refused a license under this chapter or who has had a license revoked;</subsection><subsection number="53-9-113(1)(c)"> while not licensed under this chapter, committed, or aided and abetted the commission of, any act for which a license is required by this chapter; or</subsection><subsection number="53-9-113(1)(d)"> knowingly made a material misstatement in connection with an application for a license or renewal of a license.</subsection></subsection><subsection number="53-9-113(2)"><subsection number="53-9-113(2)(a)"> The board's denial of a license under this chapter shall:<subsection number="53-9-113(2)(a)(i)"> be in writing;</subsection><subsection number="53-9-113(2)(a)(ii)"> describe the basis for the denial; and</subsection><subsection number="53-9-113(2)(a)(iii)"> inform the applicant that if the applicant desires a hearing to contest the denial, the applicant shall submit a request in writing to the board within 30 days after the denial has been sent by certified mail to the applicant.</subsection></subsection><subsection number="53-9-113(2)(b)"> The board shall schedule a hearing on the denial for the next board meeting after the applicant's request for a hearing has been received by the board.</subsection></subsection><subsection number="53-9-113(3)"> The decision of the board may be appealed to the commissioner, who may: <subsection number="53-9-113(3)(a)"> return the case to the board for reconsideration;</subsection><subsection number="53-9-113(3)(b)"> modify the board's decision; or</subsection><subsection number="53-9-113(3)(c)"> reverse the board's decision.</subsection></subsection><subsection number="53-9-113(4)"> The commissioner shall promptly issue a final order and send the order by mail to the applicant.</subsection><subsection number="53-9-113(5)"> Decisions of the commissioner are subject to judicial review pursuant to Section <xref depth="3" refid="C63G-4-S402_1800010118000101" refnumber="63G-4-402" start="0">63G-4-402</xref>.</subsection></section><section number="53-9-115"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2025GS">359</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Business name and address -- Posting of license -- Advertising -- Incapacitation, death of agent.</catchline><subsection number="53-9-115(1)">As used in this section, "no agent agency" means a licensed agency that has only one agent and for which the agent is incapacitated or dies.</subsection><subsection number="53-9-115(2)"><subsection number="53-9-115(2)(a)">Subject to the provisions of this chapter, a licensee may conduct an investigative business under a name other than the licensee's by:<subsection number="53-9-115(2)(a)(i)">complying with the requirements of <xref depth="1" refid="C42-2_1800010118000101" refnumber="42-2" start="0">Title 42, Chapter 2, Conducting Business Under Assumed Name</xref>; and</subsection><subsection number="53-9-115(2)(a)(ii)">providing a copy of the filed certificate to the commissioner.</subsection></subsection><subsection number="53-9-115(2)(b)">Failure to comply with Subsection (2)(a) shall result in the suspension of the license.</subsection></subsection><subsection number="53-9-115(3)"><subsection number="53-9-115(3)(a)">Each licensee shall have at least one physical location from which the agency conducts normal business. </subsection><subsection number="53-9-115(3)(b)">The address of this location shall be on file with the commissioner at all times and is not a public record in accordance with Subsection <xref depth="4" refid="C63G-2-S301_1800010118000101" refnumber="63G-2-301(2)(b)(ii)" start="0">63G-2-301(2)(b)(ii)</xref>.</subsection></subsection><subsection number="53-9-115(4)">A licensee shall post the license certificate issued by the commissioner in a conspicuous place in the principal office of the licensee.</subsection><subsection number="53-9-115(5)">Subject to the provisions of this chapter, a licensee may solicit business through any accepted form of advertising.<subsection number="53-9-115(5)(a)">Any advertisement shall contain the licensee's name and license number as the name and license number appear on the license certificate.</subsection><subsection number="53-9-115(5)(b)">A licensee may not use false, deceptive, or misleading advertising.</subsection></subsection><subsection number="53-9-115(6)"><subsection number="53-9-115(6)(a)">The bureau, after receiving notice, shall allow an agent for an agency licensed under this chapter to act as the agent for a no agent agency until the next scheduled or emergency board meeting, where the board shall consider mitigating circumstances for the no agent agency to remain operating permanently or temporarily.</subsection><subsection number="53-9-115(6)(b)">If the board allows the no agent agency to operate temporarily, the board shall allow sufficient time for the no agent agency to complete investigations that began before the incapacitation or death of the agent.</subsection></subsection></section><section number="53-9-116"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2025GS">302</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Divulging investigative information -- False reports prohibited.</catchline><subsection number="53-9-116(1)">Except as otherwise provided by this chapter, a licensee may not divulge or release to anyone other than the licensee's client or employer the contents of an investigative file acquired in the course of licensed investigative activity. However, the board shall have access to investigative files if the client for whom the information was acquired, or the client's lawful representative, alleges a violation of this chapter by the licensee or if the prior written consent of the client to divulge or release the information has been obtained.</subsection><subsection number="53-9-116(2)">A licensee may not willfully make a false statement or report to a client, employer, the board, or any authorized representative of the department, concerning information acquired in the course of activities regulated by this chapter.</subsection><subsection number="53-9-116(3)">The licensee shall submit investigative reports to a client at times and in the manner agreed upon between the licensee and the client.</subsection><subsection number="53-9-116(4)">Upon demand by the client, the licensee shall divulge to the client the results of an investigation if payment in full has been tendered for the charges levied.</subsection><subsection number="53-9-116(5)">The licensee has full right to withdraw from any case and refund any portion of a retainer for which investigative work has not been completed.</subsection></section><section number="53-9-117"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2025GS">359</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Authority to investigate complaint -- Filing of complaints -- Response -- Retention of records -- Appeal -- Penalties collected.</catchline><subsection number="53-9-117(1)">The bureau or board may initiate an investigation of any person advertising services or engaged in performing services that require a license under this chapter and shall investigate if a licensee is engaged in activities that do not comply with or are prohibited by this chapter.</subsection><subsection number="53-9-117(2)">The bureau shall enforce the provisions of this chapter without regard to the place or location in which a violation may have occurred, and on the complaint of any person, may investigate any alleged violation of this chapter or the business and business methods of any licensee or applicant for licensure under this chapter.</subsection><subsection number="53-9-117(3)">A person shall file a complaint against any licensee with the bureau in writing on forms approved by the bureau.<subsection number="53-9-117(3)(a)">Upon receipt of a complaint, or at the request of the board, the bureau shall assign the complaint to an investigator within the bureau.</subsection><subsection number="53-9-117(3)(b)">The bureau shall provide a copy of the complaint to the licensee, who shall answer the complaint in writing within 15 working days after the date on which the bureau sends the complaint to the licensee by certified mail.</subsection></subsection><subsection number="53-9-117(4)">In any investigation undertaken by the bureau, each licensee on request shall provide records and truthfully respond to questions concerning activities regulated under this chapter.<subsection number="53-9-117(4)(a)">The licensee shall maintain the records for five years at: <subsection number="53-9-117(4)(a)(i)">the principal place of business of the licensee; or </subsection><subsection number="53-9-117(4)(a)(ii)">another location the board approves for a person whose license has been terminated, canceled, or revoked.</subsection></subsection><subsection number="53-9-117(4)(b)">On request by the bureau, the licensee shall:<subsection number="53-9-117(4)(b)(i)">during normal business hours or other time acceptable to the parties, make the licensee's records available immediately to the bureau unless the bureau grants an extension; and</subsection><subsection number="53-9-117(4)(b)(ii)">provide copies of any business records the bureau requests.</subsection></subsection></subsection><subsection number="53-9-117(5)">Upon completion of the investigation, the bureau shall report the bureau's findings of fact to the board and shall make a recommendation as to whether disciplinary action is warranted under Section <xref depth="3" refid="C53-9-S118_1800010118000101" refnumber="53-9-118" start="0">53-9-118</xref>, including whether emergency action should be taken under Subsection <xref depth="4" refid="C53-9-S117_1800010118000101" refnumber="53-9-117(8)" start="0">(8)</xref>.</subsection><subsection number="53-9-117(6)"><subsection number="53-9-117(6)(a)">If the bureau recommends disciplinary action, the bureau shall send a notice of a recommendation required by Subsection <xref depth="4" refid="C53-9-S117_1800010118000101" refnumber="53-9-117(5)" start="0">(5)</xref> to the licensee by certified mail.</subsection><subsection number="53-9-117(6)(b)">The notice shall include the date and time of the meeting where the board will consider the bureau's recommendation.</subsection><subsection number="53-9-117(6)(c)">The board shall give the licensee an opportunity at the meeting to present testimony and evidence in response to the bureau's recommendation.</subsection></subsection><subsection number="53-9-117(7)">If the board finds, based on the investigation or hearing, that a violation of Section <xref depth="3" refid="C53-9-S118_1800010118000101" refnumber="53-9-118" start="0">53-9-118</xref> has occurred, the board shall send notice of the board's decision to: <subsection number="53-9-117(7)(a)">the licensee at the licensee's most recent address in the bureau's files by certified mail, return receipt requested; and</subsection><subsection number="53-9-117(7)(b)">the licensee's sponsoring agent if the licensee is an apprentice or a registrant.</subsection></subsection><subsection number="53-9-117(8)">Based on information the board receives from the investigation or during a hearing, the board may:<subsection number="53-9-117(8)(a)">dismiss the complaint if the board finds the complaint is without merit;</subsection><subsection number="53-9-117(8)(b)">take emergency action;</subsection><subsection number="53-9-117(8)(c)">issue a letter of concern, if applicable;</subsection><subsection number="53-9-117(8)(d)">impose a civil penalty not to exceed $500;</subsection><subsection number="53-9-117(8)(e)">place the license on suspension for a period of not more than 12 months;</subsection><subsection number="53-9-117(8)(f)">revoke the license; and</subsection><subsection number="53-9-117(8)(g)">place all records, evidence findings, and conclusion, and any other information pertinent to the investigation, in a confidential and protected records section of the licensee's file maintained at the bureau.</subsection></subsection><subsection number="53-9-117(9)">A letter of concern issued for a violation of Section <xref depth="3" refid="C53-9-S118_1800010118000101" refnumber="53-9-118" start="0">53-9-118</xref> is a document that is retained by the bureau and may be used in future disciplinary actions against a licensee.</subsection><subsection number="53-9-117(10)"><subsection number="53-9-117(10)(a)">Appeal of the board's decision shall be made in writing to the commissioner within 15 days from the date the board mails the board's decision to the licensee.</subsection><subsection number="53-9-117(10)(b)">The commissioner shall review the board's finding and may affirm, return to the board for reconsideration, reverse, adopt, modify, supplement, amend, or reject the recommendation of the board.</subsection></subsection><subsection number="53-9-117(11)"><subsection number="53-9-117(11)(a)">The commissioner shall issue a final written order within 30 days outlining the decision on appeal.</subsection><subsection number="53-9-117(11)(b)">The final order is final agency action for purposes of judicial review under Section <xref depth="3" refid="C63G-4-S402_1800010118000101" refnumber="63G-4-402" start="0">63G-4-402</xref>.</subsection></subsection><subsection number="53-9-117(12)"><subsection number="53-9-117(12)(a)">If the board finds, based on the bureau's investigation, that the public health, safety, or welfare requires emergency action, the board may order a summary suspension of a license pending proceedings for revocation or other action.</subsection><subsection number="53-9-117(12)(b)"><subsection number="53-9-117(12)(b)(i)">If the board issues a summary suspension order, the board shall issue to the licensee a written notice of the order and indicate the licensee's right to request a formal hearing before the board. </subsection><subsection number="53-9-117(12)(b)(ii)">The board shall mail notice to the licensee by certified mail, return receipt requested.</subsection></subsection><subsection number="53-9-117(12)(c)">A licensee shall request a formal hearing in writing and mail the request to the bureau within 30 working days of the date the board mailed the summary suspension order to the licensee.</subsection></subsection><subsection number="53-9-117(13)">All penalties collected under this section shall be deposited into the General Fund.</subsection></section><section number="53-9-118"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2025GS">359</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Grounds for disciplinary action.</catchline><tab/>The board may suspend or revoke a licensee's license or deny an application for a license if a person:<subsection number="53-9-118(1)">engages in fraud or willful misrepresentation in applying for an original license or renewal of an existing license;</subsection><subsection number="53-9-118(2)">uses any letterhead, advertising, or other printed matter in any manner representing that the licensee is an instrumentality of the federal government, a state, or any political subdivision of a state;</subsection><subsection number="53-9-118(3)">uses a name different from that under which the licensee is currently licensed for any advertising, solicitation, or contract to secure business unless the name is an authorized fictitious name;</subsection><subsection number="53-9-118(4)">impersonates, permits, or aids and abets an employee or independent contractor to impersonate a peace officer or employee of the United States, any state, or a political subdivision of a state;</subsection><subsection number="53-9-118(5)">knowingly violates, advises, encourages, or assists in the violation of any statute, court order, or injunction in the course of a business regulated under this chapter;</subsection><subsection number="53-9-118(6)">falsifies fingerprints or photographs while operating under this chapter;</subsection><subsection number="53-9-118(7)">is convicted of a felony;</subsection><subsection number="53-9-118(8)">is convicted of any act involving illegally using, carrying, or possessing a dangerous weapon;</subsection><subsection number="53-9-118(9)">is convicted of any act involving moral turpitude;</subsection><subsection number="53-9-118(10)">is convicted of any act of personal violence or force against any person or conviction of threatening to commit any act of personal violence or force against any person;</subsection><subsection number="53-9-118(11)">solicits business for an attorney in return for compensation;</subsection><subsection number="53-9-118(12)">is convicted of any act constituting dishonesty or fraud;</subsection><subsection number="53-9-118(13)">is placed on probation, parole, or named in an outstanding arrest warrant;</subsection><subsection number="53-9-118(14)">commits or permits any employee or independent contractor to commit any act during the period when the license is expired or suspended;</subsection><subsection number="53-9-118(15)">willfully neglects to render to a client services or a report as agreed between the parties and for which the client paid or tendered compensation in accordance with the agreement of the parties unless the licensee chooses to withdraw from the case and returns the funds for work not yet completed;</subsection><subsection number="53-9-118(16)">engages in the unauthorized release of information acquired on behalf of a client by a licensee, or the client's employee or contract agent, as a result of activities regulated under this chapter;</subsection><subsection number="53-9-118(17)">fails to cooperate with, misrepresents to, or refuses access to business or investigative records requested by the board or an authorized representative of the bureau engaged in an official investigation in accordance with this chapter;</subsection><subsection number="53-9-118(18)">employs or contracts with any unlicensed or improperly licensed person or agency to conduct activities regulated under this chapter if the licensure status was known or could have been ascertained by reasonable inquiry;</subsection><subsection number="53-9-118(19)">permits, authorizes, aids, or in any way assists an employee to conduct services as described in this chapter on an independent contractor basis and not under the authority of the licensed agency;</subsection><subsection number="53-9-118(20)">fails to maintain in full force and effect liability or workers' compensation insurance, or a surety bond, if applicable;</subsection><subsection number="53-9-118(21)">conducts private investigation services regulated by this chapter on a revoked or suspended license;</subsection><subsection number="53-9-118(22)">accepts employment, contracts, or in any way engages in employment that has an adverse impact on investigations being conducted on behalf of clients;</subsection><subsection number="53-9-118(23)">advertises in a false, deceptive, or misleading manner;</subsection><subsection number="53-9-118(24)">refuses to display the identification card issued by the bureau to any person having reasonable cause to verify the validity of the license;</subsection><subsection number="53-9-118(25)">commits any act of unprofessional conduct;</subsection><subsection number="53-9-118(26)">is convicted of any act of illegally obtaining or disseminating private, controlled, or protected records under Section <xref depth="3" refid="C63G-2-S801_1800010118000101" refnumber="63G-2-801" start="0">63G-2-801</xref>; </subsection><subsection number="53-9-118(27)">fails to notify the bureau of a change of name or address within 60 days of the change; or</subsection><subsection number="53-9-118(28)">engages in any other conduct prohibited by this chapter.</subsection></section><section number="53-9-119"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="1998GS">212</modchap>, 1998 General Session</history><modyear>1998</modyear></histories><catchline>Violation -- Penalty.</catchline><tab/>Any person who violates any provision of this chapter is guilty of a class A misdemeanor. </section><section number="53-9-121"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Enacted by Chapter <modchap sess="2013S1">3</modchap>, 2013 Special Session 1</history><modyear>2013</modyear><history>Enacted by Chapter <modchap sess="201301">3</modchap>, 2013 Special Session 1</history><modyear>2013</modyear></histories><catchline>Limited-use license.</catchline><subsection number="53-9-121(1)"> As used in this section: <subsection number="53-9-121(1)(a)"> "Legislative body" means:<subsection number="53-9-121(1)(a)(i)"> the Legislature;</subsection><subsection number="53-9-121(1)(a)(ii)"> the Utah House of Representatives;</subsection><subsection number="53-9-121(1)(a)(iii)"> the Utah Senate;</subsection><subsection number="53-9-121(1)(a)(iv)"> a special investigative committee; or</subsection><subsection number="53-9-121(1)(a)(v)"> a staff office of the Legislature.</subsection></subsection><subsection number="53-9-121(1)(b)"> "Special investigative committee" is as defined in Subsection <xref depth="4" refid="C36-12-S9_1800010118000101" refnumber="36-12-9(1)" start="0">36-12-9(1)</xref>.</subsection></subsection><subsection number="53-9-121(2)"> Notwithstanding any provision of this chapter, a person is qualified to receive a limited-use license if the person: <subsection number="53-9-121(2)(a)"> is licensed, in good standing, by another state, district, or territory of the United States to provide the services of a private investigator or private detective; and</subsection><subsection number="53-9-121(2)(b)"> is retained by a legislative body to provide the services of a private investigator or private detective for:<subsection number="53-9-121(2)(b)(i)"> a special investigative committee; or</subsection><subsection number="53-9-121(2)(b)(ii)"> a purpose relating to impeachment.</subsection></subsection></subsection><subsection number="53-9-121(3)"> A person holding a limited-use license may only provide the services described in Subsection <xref depth="4" refid="C53-9-S121_1800010118000101" refnumber="53-9-121(2)(b)" start="0">(2)(b)</xref>.</subsection><subsection number="53-9-121(4)"> The bureau shall issue a limited-use license to a person within five days after the day on which the bureau receives notice from a legislative body that: <subsection number="53-9-121(4)(a)"> the person meets the qualifications described in Subsection <xref depth="4" refid="C53-9-S121_1800010118000101" refnumber="53-9-121(2)(a)" start="0">(2)(a)</xref>; and</subsection><subsection number="53-9-121(4)(b)"> the legislative body has retained the person to provide the services described in Subsection <xref depth="4" refid="C53-9-S121_1800010118000101" refnumber="53-9-121(2)(b)" start="0">(2)(b)</xref>.</subsection></subsection><subsection number="53-9-121(5)"> The bureau may not: <subsection number="53-9-121(5)(a)"> impose a qualification for the receipt of a limited-use license other than the qualifications described in Subsection <xref depth="4" refid="C53-9-S121_1800010118000101" refnumber="53-9-121(2)(a)" start="0">(2)(a)</xref>; or</subsection><subsection number="53-9-121(5)(b)"> charge a fee to issue a limited-use license.</subsection></subsection><subsection number="53-9-121(6)"> A limited-use license expires when the person to whom it is issued is no longer retained by a legislative body to provide a service described in Subsection <xref depth="4" refid="C53-9-S121_1800010118000101" refnumber="53-9-121(2)(b)" start="0">(2)(b)</xref>.</subsection></section><section number="53-9-122"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2025GS">438</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Exemptions from licensure.</catchline><tab/>Except as otherwise provided by statute or rule, the following individuals may engage in the practice of an occupation or profession regulated by this chapter, subject to the stated circumstances and limitations, without being licensed under this title:<subsection number="53-9-122(1)">an individual licensed under the laws of this state, other than under this chapter, to practice or engage in an occupation or profession, while engaged in the lawful, professional, and competent practice of that occupation or profession;</subsection><subsection number="53-9-122(2)">an individual serving in the armed forces of the United States, the United States Public Health Service, the United States Department of Veterans Affairs, or any other federal agency while engaged in activities regulated under this title as a part of employment with that federal agency if the individual holds a valid license to practice the regulated occupation or profession issued by any other state or jurisdiction recognized by the department; and</subsection><subsection number="53-9-122(3)">the spouse of an individual serving in the armed forces of the United States or the spouse of a DOD civilian while the individual or DOD civilian is stationed within this state, if:<subsection number="53-9-122(3)(a)">the spouse holds a valid license to practice the regulated occupation or profession issued by any other state or jurisdiction recognized by the department; and</subsection><subsection number="53-9-122(3)(b)">the license is current and the spouse is in good standing in the state or jurisdiction of licensure.</subsection></subsection></section></chapter><chapter number="53-10"><catchline>Criminal Investigations and Technical Services Act</catchline><part number="53-10-1"><catchline>General Provisions</catchline><section number="53-10-101"><histories><history>Renumbered and Amended by Chapter <modchap sess="1998GS">263</modchap>, 1998 General Session</history><modyear>1998</modyear></histories><catchline>Short title.</catchline><tab/>This chapter is known as the "Criminal Investigations and Technical Services Act." </section><section number="53-10-102"><histories><history>Amended by Chapter <modchap sess="2023GS">328</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this chapter:<subsection number="53-10-102(1)"> "Administration of criminal justice" means performance of any of the following: detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders.</subsection><subsection number="53-10-102(2)"> "Alcoholic beverage" means the same as that term is defined in Section <xref depth="3" refnumber="32B-1-102" start="0">32B-1-102</xref>.</subsection><subsection number="53-10-102(3)"> "Alcoholic product" means the same as that term is defined in Section <xref depth="3" refnumber="32B-1-102" start="0">32B-1-102</xref>.</subsection><subsection number="53-10-102(4)"> "Bureau" means the Bureau of Criminal Identification within the department, created in Section <xref depth="3" refnumber="53-10-201" start="0">53-10-201</xref>.</subsection><subsection number="53-10-102(5)"> "Commission" means the Alcoholic Beverage Services Commission.</subsection><subsection number="53-10-102(6)"> "Communications services" means the technology of reception, relay, and transmission of information required by a public safety agency in the performance of the public safety agency's duty.</subsection><subsection number="53-10-102(7)"> "Conviction record" means criminal history information indicating a record of a criminal charge that has led to a declaration of guilt of an offense.</subsection><subsection number="53-10-102(8)"> "Criminal history record information" means information on an individual consisting of identifiable descriptions and notations of: <subsection number="53-10-102(8)(a)"> arrests, detentions, indictments, informations, or other formal criminal charges, and any disposition arising from any of them; and</subsection><subsection number="53-10-102(8)(b)"> sentencing, correctional supervision, and release.</subsection></subsection><subsection number="53-10-102(9)"> "Criminal justice agency" means a court or a government agency or subdivision of a government agency that administers criminal justice under a statute, executive order, or local ordinance and that allocates greater than 50% of its annual budget to the administration of criminal justice.</subsection><subsection number="53-10-102(10)"> "Criminalist" means the scientific discipline directed to the recognition, identification, individualization, and evaluation of physical evidence by application of the natural sciences in law-science matters.</subsection><subsection number="53-10-102(11)"> "Department" means the Department of Public Safety.</subsection><subsection number="53-10-102(12)"> "Director" means the division director appointed under Section <xref depth="3" refnumber="53-10-103" start="0">53-10-103</xref>.</subsection><subsection number="53-10-102(13)"> "Division" means the Criminal Investigations and Technical Services Division created in Section <xref depth="3" refnumber="53-10-103" start="0">53-10-103</xref>.</subsection><subsection number="53-10-102(14)"> "Executive order" means an order of the president of the United States or the chief executive of a state that has the force of law and that is published in a manner permitting regular public access to the order.</subsection><subsection number="53-10-102(15)"> "Forensic" means dealing with the application of scientific knowledge relating to criminal evidence.</subsection><subsection number="53-10-102(16)"> "Mental defective" means an individual who, by a district court, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease, is found: <subsection number="53-10-102(16)(a)"> to be a danger to himself or herself or others;</subsection><subsection number="53-10-102(16)(b)"> to lack the mental capacity to contract or manage the individual's own affairs;</subsection><subsection number="53-10-102(16)(c)"> to be incompetent by a court in a criminal case; or</subsection><subsection number="53-10-102(16)(d)"> to be incompetent to stand trial or found not guilty by reason or lack of mental responsibility.</subsection></subsection><subsection number="53-10-102(17)"> "Missing child" means an individual under 18 years old who is missing from the individual's home environment or a temporary placement facility for any reason and whose location cannot be determined by the person responsible for the individual's care.</subsection><subsection number="53-10-102(18)"> "Missing person" means the same as that term is defined in Section <xref depth="3" refnumber="26B-8-130" start="0">26B-8-130</xref>.</subsection><subsection number="53-10-102(19)"> "Pathogens" means disease-causing agents.</subsection><subsection number="53-10-102(20)"> "Physical evidence" means something submitted to the bureau to determine the truth of a matter using scientific methods of analysis.</subsection><subsection number="53-10-102(21)"> "Qualifying entity" means a business, organization, or a governmental entity that employs persons or utilizes volunteers who deal with: <subsection number="53-10-102(21)(a)"> national security interests;</subsection><subsection number="53-10-102(21)(b)"> fiduciary trust over money; or</subsection><subsection number="53-10-102(21)(c)"> the provision of care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities.</subsection></subsection></section><section number="53-10-103"><histories><history>Amended by Chapter <modchap sess="2021GS">345</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Division -- Creation -- Director appointment and qualifications.</catchline><subsection number="53-10-103(1)"> There is created within the department the Criminal Investigations and Technical Services Division.</subsection><subsection number="53-10-103(2)"> The division shall be administered by a director appointed by the commissioner with the approval of the governor.</subsection><subsection number="53-10-103(3)"> The director is the executive and administrative head of the division and shall be experienced in administration and possess additional qualifications as determined by the commissioner and as provided by law.</subsection><subsection number="53-10-103(4)"> The director acts under the supervision and control of the commissioner and may be removed from his position at the will of the commissioner.</subsection><subsection number="53-10-103(5)"> The director shall receive compensation as provided by <xref depth="1" refnumber="63A-17" start="0">Title 63A, Chapter 17, Utah State Personnel Management Act</xref>.</subsection></section><section number="53-10-104"><histories><history>Amended by Chapter <modchap sess="2023GS">328</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Division duties.</catchline><tab/>The division shall:<subsection number="53-10-104(1)"> provide and coordinate the delivery of support services to law enforcement agencies;</subsection><subsection number="53-10-104(2)"> maintain and provide access to criminal records for use by law enforcement agencies;</subsection><subsection number="53-10-104(3)"> publish law enforcement and statistical data;</subsection><subsection number="53-10-104(4)"> maintain dispatch and communications services for public safety communications centers and provide emergency medical, fire suppression, highway maintenance, public works, and law enforcement communications for municipal, county, state, and federal agencies;</subsection><subsection number="53-10-104(5)"> analyze evidence from crime scenes and crime-related incidents for criminal prosecution;</subsection><subsection number="53-10-104(6)"> provide criminalistic laboratory services to federal, state, and local law enforcement agencies, prosecuting attorneys and agencies, and public defenders, with the exception of those services provided by the state medical examiner in accordance with <xref depth="2" refnumber="26B-8-2" start="0">Title 26B, Chapter 8, Part 2, Utah Medical Examiner</xref>;</subsection><subsection number="53-10-104(7)"> establish satellite laboratories as necessary to provide criminalistic services;</subsection><subsection number="53-10-104(8)"> safeguard the public through licensing and regulation of activities that impact public safety, including concealed weapons, emergency vehicles, and private investigators;</subsection><subsection number="53-10-104(9)"> provide investigative assistance to law enforcement and other government agencies;</subsection><subsection number="53-10-104(10)"> collect and provide intelligence information to criminal justice agencies;</subsection><subsection number="53-10-104(11)"> investigate crimes that jeopardize the safety of the citizens, as well as the interests, of the state;</subsection><subsection number="53-10-104(12)"> regulate and investigate laws pertaining to the sale and distribution of liquor;</subsection><subsection number="53-10-104(13)"> make rules to implement this chapter;</subsection><subsection number="53-10-104(14)"> perform the functions specified in this chapter;</subsection><subsection number="53-10-104(15)"> comply with the requirements of Section <xref depth="3" refnumber="11-40-103" start="0">11-40-103</xref>;</subsection><subsection number="53-10-104(16)"> comply with the requirements of Sections <xref depth="3" refnumber="72-10-602" start="0">72-10-602</xref> and <xref depth="3" refnumber="72-10-603" start="0">72-10-603</xref>; and</subsection><subsection number="53-10-104(17)"> develop and maintain a secure database of cold cases within the Utah Criminal Justice Information System pursuant to Section <xref depth="3" refnumber="53-10-115" start="0">53-10-115</xref>.</subsection></section><section number="53-10-104.5"><histories><history>Amended by Chapter <modchap sess="2025GS">254</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Wireless service -- Communication device location information in emergencies and certain urgent situations.</catchline><subsection number="53-10-104.5(1)">As used in this section:<subsection number="53-10-104.5(1)(a)">"Communication device" means the same as that term is defined in Section <xref depth="3" refnumber="76-8-311.3">76-8-311.3</xref>.</subsection><subsection number="53-10-104.5(1)(b)"><subsection number="53-10-104.5(1)(b)(i)">"Communication device data" means information obtained from the available records or other network data concerning a specific communication device that may help to reveal the location of the communication device.</subsection><subsection number="53-10-104.5(1)(b)(ii)">"Communication device data" includes, if the data will help to reveal the location of a specific communication device:<subsection number="53-10-104.5(1)(b)(ii)(A)">call logs;</subsection><subsection number="53-10-104.5(1)(b)(ii)(B)">GPS tracking data;</subsection><subsection number="53-10-104.5(1)(b)(ii)(C)">application data;</subsection><subsection number="53-10-104.5(1)(b)(ii)(D)">browser history;</subsection><subsection number="53-10-104.5(1)(b)(ii)(E)">email records;</subsection><subsection number="53-10-104.5(1)(b)(ii)(F)">photos and videos;</subsection><subsection number="53-10-104.5(1)(b)(ii)(G)">SMS and MMS messages; and</subsection><subsection number="53-10-104.5(1)(b)(ii)(H)">contact details.</subsection></subsection></subsection><subsection number="53-10-104.5(1)(c)"><subsection number="53-10-104.5(1)(c)(i)">"Communication device location information" means the best available location information, including information obtained by use of historical cellular site information or a mobile locator tool for a communication device or a telecommunication device.</subsection><subsection number="53-10-104.5(1)(c)(ii)">"Communication device location information" includes communication device data.</subsection></subsection><subsection number="53-10-104.5(1)(d)">"Law enforcement agency" or "agency" has the same definition as in Section <xref depth="3" refnumber="53-1-102" start="0">53-1-102</xref>.</subsection><subsection number="53-10-104.5(1)(e)">"Mobile telecommunications service" has the same definition as in Section <xref depth="3" refnumber="54-8b-2" start="0">54-8b-2</xref>.</subsection><subsection number="53-10-104.5(1)(f)">"Serious bodily injury" means the same as that term is defined in Section <xref depth="3" refnumber="76-1-101.5">76-1-101.5</xref>.</subsection><subsection number="53-10-104.5(1)(g)">"Telecommunication device" has the same definition as in Section <xref depth="3" refnumber="76-6-409.5" start="0">76-6-409.5</xref>.</subsection></subsection><subsection number="53-10-104.5(2)">A mobile telecommunications service shall provide communication device location information as quickly as possible regarding a telecommunication device user or a communication device user whom a law enforcement agency:<subsection number="53-10-104.5(2)(a)"> has reason to believe is in need of services under Subsection (2)(a)(i) or (ii), upon the request of a law enforcement agency or a public safety communications center if the agency or center determines the communication device location information is necessary in order to respond to:<subsection number="53-10-104.5(2)(a)(i)">a call for emergency response services; or</subsection><subsection number="53-10-104.5(2)(a)(ii)">an emergency situation that involves the imminent risk of death or serious bodily injury; or</subsection></subsection><subsection number="53-10-104.5(2)(b)">has a warrant for the communication device location information for the telecommunication device user or communication device user who is missing, if the law enforcement agency has prioritized the warrant as urgent based on the law enforcement agency's determination that the user may be in danger of physical harm.</subsection></subsection><subsection number="53-10-104.5(3)"><subsection number="53-10-104.5(3)(a)">The mobile telecommunications service may establish procedures in accordance with 18 U.S.C. Sec. 2702(b)(8) for the mobile telecommunications service's response to a request for location under Subsection <xref depth="4" refnumber="53-10-104.5(2)" start="0">(2)</xref>.</subsection><subsection number="53-10-104.5(3)(b)">If a mobile telecommunications service establishes procedures under Subsection <xref refnumber="53-10-104.5(3)(a)" depth="4">(3)(a)</xref>, the procedures shall include a method for a law enforcement agency to identify a situation under Subsection <xref refnumber="53-10-104.5(2)(a)" depth="4">(2)(a)</xref> and a prioritized warrant described in Subsection <xref refnumber="53-10-104.5(2)(b)" depth="4">(2)(b)</xref>.</subsection></subsection><subsection number="53-10-104.5(4)">A mobile telecommunications service that, acting in good faith, provides information as requested under Subsection <xref depth="4" refnumber="53-10-104.5(2)" start="0">(2)</xref> may not be held civilly liable for providing the information.</subsection><subsection number="53-10-104.5(5)"><subsection number="53-10-104.5(5)(a)">The division shall obtain contact information from all mobile telecommunication service providers that provide services in this state to facilitate communicating location requests under Subsection <xref depth="4" refnumber="53-10-104.5(2)" start="0">(2)</xref>.</subsection><subsection number="53-10-104.5(5)(b)">The division shall provide the contact information to all public safety communications centers in the state and shall provide updates to the contact information.</subsection></subsection></section><section number="53-10-105"><histories><history>Renumbered and Amended by Chapter <modchap sess="1998GS">263</modchap>, 1998 General Session</history><modyear>1998</modyear></histories><catchline>Assistance to law enforcement agencies -- Investigation of crimes -- Laboratory facilities.</catchline><subsection number="53-10-105(1)"> The commissioner may assist any law enforcement agency in: <subsection number="53-10-105(1)(a)"> establishing identification and investigation records systems;</subsection><subsection number="53-10-105(1)(b)"> establishing uniform crime reporting systems;</subsection><subsection number="53-10-105(1)(c)"> investigating any crime;</subsection><subsection number="53-10-105(1)(d)"> coordinating the exchange of criminal identification, intelligence, and investigation information among law enforcement agencies; and</subsection><subsection number="53-10-105(1)(e)"> providing the agencies with equipment, technical assistance, and instruction.</subsection></subsection><subsection number="53-10-105(2)"><subsection number="53-10-105(2)(a)"> At the governor's direction, the commissioner shall assign division employees to investigate any crime within this state for the purpose of identifying, apprehending, and convicting the perpetrator or perpetrators of that crime even if the commissioner has not received a request from a law enforcement agency.</subsection><subsection number="53-10-105(2)(b)"> The governor may establish a time period for the commissioner to pursue the investigation.</subsection><subsection number="53-10-105(2)(c)"> To accomplish the purposes of this section, the commissioner may provide, through the division, crime detection laboratory facilities.</subsection></subsection></section><section number="53-10-105.1"><histories><history>Enacted by Chapter <modchap sess="2026GS">245</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Requirements for mobile device forensics services by a local law enforcement agency.</catchline><subsection number="53-10-105.1(1)">As used in this section:<subsection number="53-10-105.1(1)(a)">"Law enforcement interlocal entity" means an interlocal entity under Title 11, Chapter 13, Interlocal Cooperation Act, that provides law enforcement services.</subsection><subsection number="53-10-105.1(1)(b)">"Law enforcement special district" means a district that provides law enforcement services under:<subsection number="53-10-105.1(1)(b)(i)">Title 17B, Limited Purpose Local Government Entities - Special Districts; or</subsection><subsection number="53-10-105.1(1)(b)(ii)">Title 17D, Chapter 1, Special Service District Act.</subsection></subsection><subsection number="53-10-105.1(1)(c)">"Local law enforcement agency" means an entity that:<subsection number="53-10-105.1(1)(c)(i)">exists primarily to prevent and detect crime and enforce criminal laws, statutes, or ordinances; and</subsection><subsection number="53-10-105.1(1)(c)(ii)">is operated by:<subsection number="53-10-105.1(1)(c)(ii)(A)">a municipality;</subsection><subsection number="53-10-105.1(1)(c)(ii)(B)">a county;</subsection><subsection number="53-10-105.1(1)(c)(ii)(C)">a law enforcement interlocal entity; or</subsection><subsection number="53-10-105.1(1)(c)(ii)(D)">a law enforcement special district. </subsection></subsection></subsection><subsection number="53-10-105.1(1)(d)">"Mobile device" means a phone or general purpose tablet that:<subsection number="53-10-105.1(1)(d)(i)">provides cellular or wireless connectivity;</subsection><subsection number="53-10-105.1(1)(d)(ii)">is capable of connecting to the internet;</subsection><subsection number="53-10-105.1(1)(d)(iii)">runs a mobile operating system; and</subsection><subsection number="53-10-105.1(1)(d)(iv)">is capable of running a software application or electronic service through the mobile operating system.</subsection></subsection><subsection number="53-10-105.1(1)(e)">"Mobile device forensics services" means a facility, equipment, or other type of capability that provides digital forensic evidence services by collecting and examining digital evidence on a mobile device.</subsection><subsection number="53-10-105.1(1)(f)">"Municipality" means the same as that term is defined in Section <xref depth="3" refnumber="10-1-104">10-1-104</xref>.</subsection><subsection number="53-10-105.1(1)(g)">"Participating agency" means a local law enforcement agency that is providing, or otherwise paying for, adequately trained personnel to staff the Regional Computer Forensics Laboratory for at least 2,000 hours per year, either directly through the local law enforcement agency or through the entity that operates the local law enforcement agency.</subsection><subsection number="53-10-105.1(1)(h)">"Regional Computer Forensics Laboratory" means the digital forensics laboratory that is operated by the Federal Bureau of Investigation in partnership with other federal, state, and local law enforcement agencies, for the region that includes Utah.</subsection></subsection><subsection number="53-10-105.1(2)">On or before January 1, 2027, a local law enforcement agency shall:<subsection number="53-10-105.1(2)(a)">have the local law enforcement agency's own mobile device forensics services;</subsection><subsection number="53-10-105.1(2)(b)">have a contract, partnership, or agreement with another entity that allows the local law enforcement agency to share in the use of mobile device forensics services, not including the Regional Computer Forensics Laboratory; or</subsection><subsection number="53-10-105.1(2)(c)">qualify as a participating agency.</subsection></subsection><subsection number="53-10-105.1(3)">Notwithstanding Subsection <xref depth="4" refnumber="53-10-105.1(2)">(2)</xref>, a local law enforcement agency may use the Regional Computer Forensics Laboratory to access:<subsection number="53-10-105.1(3)(a)">self-serve equipment that provides mobile device forensics services; and</subsection><subsection number="53-10-105.1(3)(b)">advanced mobile device forensics services in a situation when standard mobile device forensics services have failed, or would fail, to access digital evidence on a mobile device.</subsection></subsection></section><section number="53-10-106"><histories><history>Renumbered and Amended by Chapter <modchap sess="1998GS">263</modchap>, 1998 General Session</history><modyear>1998</modyear></histories><catchline>Cooperation with agencies of any state or nation.</catchline><tab/>The division shall cooperate with appropriate agencies of any state or nation in developing uniform systems of criminal identification, crime reporting, and information exchange. </section><section number="53-10-107"><histories><history>Renumbered and Amended by Chapter <modchap sess="1998GS">263</modchap>, 1998 General Session</history><modyear>1998</modyear></histories><catchline>Admissibility in evidence of certified copies of division files.</catchline><tab/>A copy of any fingerprint, record, document, or other evidence in the files of the division, certified by the commissioner to be a true copy of the original, is admissible in evidence in the same manner as the original. </section><section number="53-10-108"><histories><history>Amended by Chapter <modchap sess="2025GS">426</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Restrictions on access, use, and contents of division records -- Limited use of records for employment purposes -- Challenging accuracy of records -- Usage fees -- Missing children records -- Penalty for misuse of records.</catchline><subsection number="53-10-108(1)">As used in this section:<subsection number="53-10-108(1)(a)">"Clone" means to copy a subscription or subscription data from a rap back system, including associated criminal history record information, from a qualified entity to another qualified entity.</subsection><subsection number="53-10-108(1)(b)">"FBI Rap Back System" means the rap back system maintained by the Federal Bureau of Investigation.</subsection><subsection number="53-10-108(1)(c)">"Rap back system" means a system that enables authorized entities to receive ongoing status notifications of any criminal history reported on individuals whose fingerprints are registered in the system.</subsection><subsection number="53-10-108(1)(d)">"Volunteer Employee Criminal History System" or "VECHS" means a system that allows the bureau and the Federal Bureau of Investigation to provide criminal history record information to a qualifying entity, including a non-governmental qualifying entity.</subsection><subsection number="53-10-108(1)(e)">"WIN Database" means the Western Identification Network Database that consists of eight western states sharing one electronic fingerprint database.</subsection></subsection><subsection number="53-10-108(2)">Except as provided in Subsection <xref depth="4" refnumber="53-10-108(17)" start="0">(17)</xref>, dissemination of information from a criminal history record, including information obtained from a fingerprint background check, name check, warrant of arrest information, or information from division files, is limited to:<subsection number="53-10-108(2)(a)">criminal justice agencies for purposes of administration of criminal justice and for employment screening by criminal justice agencies;</subsection><subsection number="53-10-108(2)(b)"><subsection number="53-10-108(2)(b)(i)">agencies or individuals pursuant to a specific agreement with a criminal justice agency to provide services required for the administration of criminal justice; and</subsection><subsection number="53-10-108(2)(b)(ii)">the agreement shall specifically authorize access to data, limit the use of the data to purposes for which given, and ensure the security and confidentiality of the data;</subsection></subsection><subsection number="53-10-108(2)(c)">a qualifying entity for employment background checks for the qualifying entity's own employees or volunteers and individuals who have applied for employment with or to serve as a volunteer for the qualifying entity;</subsection><subsection number="53-10-108(2)(d)">noncriminal justice agencies or individuals for any purpose authorized by statute, executive order, court rule, court order, or local ordinance;</subsection><subsection number="53-10-108(2)(e)">agencies or individuals for the purpose of obtaining required clearances connected with foreign travel or obtaining citizenship;</subsection><subsection number="53-10-108(2)(f)">agencies or individuals for the purpose of a preplacement adoptive study, in accordance with the requirements of Sections <xref depth="3" refnumber="81-13-403">81-13-403</xref> and <xref depth="3" refnumber="81-13-405">81-13-405</xref>;</subsection><subsection number="53-10-108(2)(g)">private security agencies through guidelines established by the commissioner for employment background checks for their own employees and prospective employees;</subsection><subsection number="53-10-108(2)(h)">state agencies for the purpose of conducting a background check for the following individuals:<subsection number="53-10-108(2)(h)(i)">employees;</subsection><subsection number="53-10-108(2)(h)(ii)">applicants for employment;</subsection><subsection number="53-10-108(2)(h)(iii)">volunteers; and</subsection><subsection number="53-10-108(2)(h)(iv)">contract employees;</subsection></subsection><subsection number="53-10-108(2)(i)">governor's office for the purpose of conducting a background check on the following individuals:<subsection number="53-10-108(2)(i)(i)">cabinet members;</subsection><subsection number="53-10-108(2)(i)(ii)">judicial applicants; and</subsection><subsection number="53-10-108(2)(i)(iii)">members of boards, committees, and commissions appointed by the governor;</subsection></subsection><subsection number="53-10-108(2)(j)">the office of the lieutenant governor for the purpose of conducting a background check on an individual applying to be a notary public under Section <xref depth="3" refnumber="46-1-3" start="0">46-1-3</xref>;</subsection><subsection number="53-10-108(2)(k)">agencies and individuals as the commissioner authorizes for the express purpose of research, evaluative, or statistical activities pursuant to an agreement with a criminal justice agency; and</subsection><subsection number="53-10-108(2)(l)">other agencies and individuals as the commissioner authorizes and finds necessary for protection of life and property and for offender identification, apprehension, and prosecution pursuant to an agreement.</subsection></subsection><subsection number="53-10-108(3)">An agreement under Subsection <xref depth="4" refnumber="53-10-108(2)(k)" start="0">(2)(k)</xref> shall specifically authorize access to data, limit the use of data to research, evaluative, or statistical purposes, preserve the anonymity of individuals to whom the information relates, and ensure the confidentiality and security of the data.</subsection><subsection number="53-10-108(4)"><subsection number="53-10-108(4)(a)">Before requesting information, a qualifying entity under Subsection <xref depth="4" refnumber="53-10-108(2)(c)" start="0">(2)(c)</xref>, state agency, or other agency or individual described in Subsections <xref depth="4" refnumber="53-10-108(2)(d)" start="0">(2)(d)</xref> through <xref depth="4" refnumber="53-10-108(2)(j)" start="0">(j)</xref> shall obtain a signed waiver from the person whose information is requested.</subsection><subsection number="53-10-108(4)(b)">The waiver shall notify the signee:<subsection number="53-10-108(4)(b)(i)">that a criminal history background check will be conducted;</subsection><subsection number="53-10-108(4)(b)(ii)">who will see the information; and</subsection><subsection number="53-10-108(4)(b)(iii)">how the information will be used.</subsection></subsection><subsection number="53-10-108(4)(c)">A qualifying entity under Subsection <xref depth="4" refnumber="53-10-108(2)(c)" start="0">(2)(c)</xref>, state agency, or other agency or individual described in Subsections <xref depth="4" refnumber="53-10-108(2)(d)" start="0">(2)(d)</xref> through <xref depth="4" refnumber="53-10-108(2)(g)" start="0">(g)</xref> that submits a request for a noncriminal justice name based background check of local databases to the bureau shall provide to the bureau:<subsection number="53-10-108(4)(c)(i)">personal identifying information for the subject of the background check; and</subsection><subsection number="53-10-108(4)(c)(ii)">the fee required by Subsection <xref depth="4" refnumber="53-10-108(15)" start="0">(15)</xref>.</subsection></subsection><subsection number="53-10-108(4)(d)">A qualifying entity under Subsection <xref depth="4" refnumber="53-10-108(2)(c)" start="0">(2)(c)</xref>, state agency, or other agency or individual described in Subsections <xref depth="4" refnumber="53-10-108(2)(d)" start="0">(2)(d)</xref> through <xref depth="4" refnumber="53-10-108(2)(g)" start="0">(g)</xref> that submits a request for a WIN database check and a nationwide background check shall provide to the bureau:<subsection number="53-10-108(4)(d)(i)">personal identifying information for the subject of the background check;</subsection><subsection number="53-10-108(4)(d)(ii)">a fingerprint card for the subject of the background check; and</subsection><subsection number="53-10-108(4)(d)(iii)">the fee required by Subsection <xref depth="4" refnumber="53-10-108(15)" start="0">(15)</xref>.</subsection></subsection><subsection number="53-10-108(4)(e)">Information received by a qualifying entity under Subsection <xref depth="4" refnumber="53-10-108(2)(c)" start="0">(2)(c)</xref>, state agency, or other agency or individual described in Subsections <xref depth="4" refnumber="53-10-108(2)(d)" start="0">(2)(d)</xref> through <xref depth="4" refnumber="53-10-108(2)(j)" start="0">(j)</xref> may only be:<subsection number="53-10-108(4)(e)(i)">available to individuals involved in the hiring or background investigation of the job applicant, employee, notary applicant, or as authorized under federal or state law;</subsection><subsection number="53-10-108(4)(e)(ii)">used for the purpose of assisting in making an employment appointment, selection, or promotion decision or for considering a notary applicant under Section <xref depth="3" refnumber="46-1-3" start="0">46-1-3</xref>; and</subsection><subsection number="53-10-108(4)(e)(iii)">used for the purposes disclosed in the waiver signed in accordance with Subsection <xref depth="4" refnumber="53-10-108(4)(b)" start="0">(4)(b)</xref>.</subsection></subsection><subsection number="53-10-108(4)(f)">An individual who disseminates or uses information obtained from the division under Subsections <xref depth="4" refnumber="53-10-108(2)(c)" start="0">(2)(c)</xref> through <xref depth="4" refnumber="53-10-108(2)(j)" start="0">(j)</xref> for purposes other than those specified under Subsection <xref depth="4" refnumber="53-10-108(4)(e)" start="0">(4)(e)</xref>, in addition to any penalties provided under this section, is subject to civil liability.</subsection><subsection number="53-10-108(4)(g)"><subsection number="53-10-108(4)(g)(i)">A qualifying entity under Subsection <xref depth="4" refnumber="53-10-108(2)(c)" start="0">(2)(c)</xref>, state agency, or other agency or individual described in Subsections <xref depth="4" refnumber="53-10-108(2)(d)" start="0">(2)(d)</xref> through <xref depth="4" refnumber="53-10-108(2)(j)" start="0">(j)</xref> that obtains background check information shall provide the subject of the background check an opportunity to:<subsection number="53-10-108(4)(g)(i)(A)">request a copy of the information received; and</subsection><subsection number="53-10-108(4)(g)(i)(B)">respond to and challenge the accuracy of any information received.</subsection></subsection><subsection number="53-10-108(4)(g)(ii)">An individual who is the subject of a background check and who receives a copy of the information described in Subsection <xref depth="4" refnumber="53-10-108(4)(g)(i)" start="0">(4)(g)(i)</xref> may use the information only for the purpose of reviewing, responding to, or challenging the accuracy of the information.</subsection></subsection><subsection number="53-10-108(4)(h)">In accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, the division may make rules to implement this Subsection <xref depth="4" refnumber="53-10-108(4)" start="0">(4)</xref>.</subsection><subsection number="53-10-108(4)(i)">The division or the division's employees are not liable for defamation, invasion of privacy, negligence, or any other claim in connection with the contents of information disseminated under Subsections <xref depth="4" refnumber="53-10-108(2)(c)" start="0">(2)(c)</xref> through <xref depth="4" refnumber="53-10-108(2)(j)" start="0">(j)</xref>.</subsection></subsection><subsection number="53-10-108(5)"><subsection number="53-10-108(5)(a)">Except as provided in Subsection <xref depth="4" refnumber="53-10-108(5)(b)" start="0">(5)(b)</xref>, <xref depth="4" refnumber="53-10-108(5)(c)" start="0">(c)</xref>, <xref depth="4" refnumber="53-10-108(5)(d)" start="0">(d)</xref>, or <xref depth="4" refnumber="53-10-108(5)(e)" start="0">(e)</xref>, or as otherwise authorized under state law, criminal history record information obtained from division files may be used only for the purposes for which the information was provided.</subsection><subsection number="53-10-108(5)(b)">A criminal history provided to an agency under Subsection <xref depth="4" refnumber="53-10-108(2)(f)" start="0">(2)(f)</xref> may be provided by the agency to the individual who is the subject of the history, another licensed child-placing agency, or the attorney for the adoptive parents for the purpose of facilitating an adoption.</subsection><subsection number="53-10-108(5)(c)">A criminal history of a defendant provided to a criminal justice agency under Subsection <xref depth="4" refnumber="53-10-108(2)(a)" start="0">(2)(a)</xref> may also be provided by the prosecutor to a defendant's defense counsel, upon request during the discovery process, for the purpose of establishing a defense in a criminal case.</subsection><subsection number="53-10-108(5)(d)">A public transit district, as described in <xref depth="2" refnumber="17B-2a-8" start="0">Title 17B, Chapter 2a, Part 8, Public Transit District Act</xref>, that is under contract with a state agency to provide services may, for the purposes of complying with Subsection <xref depth="4" refnumber="26B-6-410(5)" start="0">26B-6-410(5)</xref>, provide a criminal history record to the state agency or the agency's designee.</subsection><subsection number="53-10-108(5)(e)">Criminal history record information obtained from a national source may be disseminated if the dissemination is authorized by a policy issued by the Criminal Justice Information Services Division or other federal law.</subsection></subsection><subsection number="53-10-108(6)"><subsection number="53-10-108(6)(a)">A qualifying entity under Subsection <xref depth="4" refnumber="53-10-108(2)(c)" start="0">(2)(c)</xref> may submit fingerprints to the bureau and the Federal Bureau of Investigation for a local and national background check under the provisions of the National Child Protection Act of 1993, 42 U.S.C. Sec. 5119 et seq.</subsection><subsection number="53-10-108(6)(b)">A qualifying entity under Subsection <xref depth="4" refnumber="53-10-108(2)(c)" start="0">(2)(c)</xref> that submits fingerprints under Subsection <xref depth="4" refnumber="53-10-108(6)(a)" start="0">(6)(a)</xref>:<subsection number="53-10-108(6)(b)(i)">shall meet all VECHS requirements for using VECHS; and</subsection><subsection number="53-10-108(6)(b)(ii)">may only submit fingerprints for an employee, volunteer, or applicant who has resided in Utah for the seven years before the day on which the qualifying entity submits the employee's, volunteer's, or applicant's fingerprints.</subsection></subsection></subsection><subsection number="53-10-108(7)"><subsection number="53-10-108(7)(a)">This section does not preclude the use of the division's central computing facilities for the storage and retrieval of criminal history record information.</subsection><subsection number="53-10-108(7)(b)">This information shall be stored so the information cannot be modified, destroyed, or accessed by unauthorized agencies or individuals.</subsection></subsection><subsection number="53-10-108(8)">Direct access through remote computer terminals to criminal history record information in the division's files is limited to those agencies authorized by the commissioner under procedures designed to prevent unauthorized access to this information.</subsection><subsection number="53-10-108(9)"><subsection number="53-10-108(9)(a)">The commissioner shall establish procedures to allow an individual right of access to review and receive a copy of the individual's criminal history report.</subsection><subsection number="53-10-108(9)(b)">A processing fee for the right of access service, including obtaining a copy of the individual's criminal history report under Subsection <xref depth="4" refnumber="53-10-108(9)(a)" start="0">(9)(a)</xref> shall be set in accordance with Section <xref depth="3" refnumber="63J-1-504" start="0">63J-1-504</xref>.</subsection><subsection number="53-10-108(9)(c)"><subsection number="53-10-108(9)(c)(i)">The commissioner shall establish procedures for an individual to challenge the completeness and accuracy of criminal history record information contained in the division's computerized criminal history files regarding that individual.</subsection><subsection number="53-10-108(9)(c)(ii)">These procedures shall include provisions for amending any information found to be inaccurate or incomplete.</subsection></subsection></subsection><subsection number="53-10-108(10)">The private security agencies as provided in Subsection <xref depth="4" refnumber="53-10-108(2)(g)" start="0">(2)(g)</xref>:<subsection number="53-10-108(10)(a)">shall be charged for access; and</subsection><subsection number="53-10-108(10)(b)">shall be registered with the division according to rules made by the division under <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>.</subsection></subsection><subsection number="53-10-108(11)">Before providing information requested under this section, the division shall give priority to a criminal justice agency's needs.</subsection><subsection number="53-10-108(12)"><subsection number="53-10-108(12)(a)">It is a class B misdemeanor for a person to knowingly or intentionally access, use, disclose, or disseminate a record created, maintained, or to which access is granted by the division or any information contained in a record created, maintained, or to which access is granted by the division for a purpose prohibited or not permitted by statute, rule, regulation, or policy of a governmental entity.</subsection><subsection number="53-10-108(12)(b)">A person who discovers or becomes aware of any unauthorized use of records created or maintained, or to which access is granted by the division shall inform the commissioner and the director of the bureau of the unauthorized use.</subsection></subsection><subsection number="53-10-108(13)"><subsection number="53-10-108(13)(a)">Subject to Subsection <xref depth="4" refnumber="53-10-108(13)(b)" start="0">(13)(b)</xref>, a qualifying entity or an entity described in Subsection <xref depth="4" refnumber="53-10-108(2)" start="0">(2)</xref> may request that the division register fingerprints taken for the purpose of conducting current and future criminal background checks under this section with:<subsection number="53-10-108(13)(a)(i)">the WIN Database rap back system, or any successor system;</subsection><subsection number="53-10-108(13)(a)(ii)">the FBI Rap Back System; or</subsection><subsection number="53-10-108(13)(a)(iii)">a system maintained by the division.</subsection></subsection><subsection number="53-10-108(13)(b)">A qualifying entity or an entity described in Subsection <xref depth="4" refnumber="53-10-108(2)" start="0">(2)</xref> may only make a request under Subsection <xref depth="4" refnumber="53-10-108(13)(a)" start="0">(13)(a)</xref> if the entity:<subsection number="53-10-108(13)(b)(i)">has the authority through state or federal statute or federal executive order;</subsection><subsection number="53-10-108(13)(b)(ii)">obtains a signed waiver from the individual whose fingerprints are being registered; and</subsection><subsection number="53-10-108(13)(b)(iii)">establishes a privacy risk mitigation strategy to ensure that the entity only receives notifications for individuals with whom the entity maintains an authorizing relationship.</subsection></subsection></subsection><subsection number="53-10-108(14)">The division is authorized to submit fingerprints to the FBI Rap Back System to be retained in the FBI Rap Back System for the purpose of being searched by future submissions to the FBI Rap Back System, including latent fingerprint searches.</subsection><subsection number="53-10-108(15)"><subsection number="53-10-108(15)(a)">The division shall impose fees set in accordance with Section <xref depth="3" refnumber="63J-1-504" start="0">63J-1-504</xref> for the applicant fingerprint card, name check, and to register fingerprints under Subsection <xref depth="4" refnumber="53-10-108(13)(a)" start="0">(13)(a)</xref>.</subsection><subsection number="53-10-108(15)(b)">Funds generated under this Subsection <xref depth="4" refnumber="53-10-108(15)" start="0">(15)</xref> shall be deposited into the General Fund as a dedicated credit by the department to cover the costs incurred in providing the information.</subsection><subsection number="53-10-108(15)(c)">The division may collect fees charged by an outside agency for services required under this section.</subsection></subsection><subsection number="53-10-108(16)">For the purposes of conducting a criminal background check authorized under Subsection <xref depth="4" refnumber="53-10-108(2)(h)" start="0">(2)(h)</xref>, <xref depth="4" refnumber="53-10-108(2)(i)" start="0">(i)</xref>, or <xref depth="4" refnumber="53-10-108(2)(j)" start="0">(j)</xref>, the Division of Human Resource Management, in accordance with <xref depth="1" refnumber="63A-17" start="0">Title 63A, Chapter 17, Utah State Personnel Management Act</xref>, and the governor's office shall have direct access to criminal background information maintained under <xref depth="2" refnumber="53-10-2" start="1">Chapter 10, Part 2, Bureau of Criminal Identification</xref>.</subsection><subsection number="53-10-108(17)"><subsection number="53-10-108(17)(a)">Except as provided in Subsection <xref depth="4" refnumber="53-10-108(18)" start="0">(18)</xref>, if an individual has an active FBI Rap Back System subscription with a qualifying entity, the division may, upon request from another qualifying entity, clone the subscription to the requesting qualifying entity if:<subsection number="53-10-108(17)(a)(i)">the requesting qualifying entity requests the clone:<subsection number="53-10-108(17)(a)(i)(A)">for the purpose of evaluating whether the individual should be permitted to obtain or retain a license for, or serve as an employee or volunteer in a position in which the individual is responsible for, the care, treatment, training, instruction, supervision, or recreation of children, the elderly, or individuals with disabilities; or</subsection><subsection number="53-10-108(17)(a)(i)(B)">for the same purpose as the purpose for which the original qualifying entity requested the criminal history record information;</subsection></subsection><subsection number="53-10-108(17)(a)(ii)">the requesting qualifying entity is expressly authorized by statute to obtain criminal history record information for the individual who is the subject of the request;</subsection><subsection number="53-10-108(17)(a)(iii)">before requesting the clone, the requesting qualifying entity obtains a signed waiver, containing the information described in Subsection <xref depth="4" refnumber="53-10-108(4)(b)" start="0">(4)(b)</xref>, from the individual who is the subject of the request;</subsection><subsection number="53-10-108(17)(a)(iv)">the requesting qualifying entity or the individual pays any applicable fees set by the division in accordance with Section <xref depth="3" refnumber="63J-1-504" start="0">63J-1-504</xref>; and</subsection><subsection number="53-10-108(17)(a)(v)">the requesting qualifying entity complies with the requirements described in Subsection <xref depth="4" refnumber="53-10-108(4)(g)" start="0">(4)(g)</xref>.</subsection></subsection><subsection number="53-10-108(17)(b)">In accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, the division may make rules regulating the process described in this Subsection <xref depth="4" refnumber="53-10-108(17)" start="0">(17)</xref>.</subsection></subsection><subsection number="53-10-108(18)"><subsection number="53-10-108(18)(a)">Subsection <xref depth="4" refnumber="53-10-108(17)" start="0">(17)</xref> does not apply unless the Federal Bureau of Investigation approves the use of the FBI Rap Back System for the purpose described in Subsection <xref depth="4" refnumber="53-10-108(17)(a)(i)" start="0">(17)(a)(i)</xref> under the conditions described in Subsection <xref depth="4" refnumber="53-10-108(17)" start="0">(17)</xref>.</subsection><subsection number="53-10-108(18)(b)">Subsection <xref depth="4" refnumber="53-10-108(17)" start="0">(17)</xref> does not apply to the extent that implementation of the provisions of Subsection <xref depth="4" refnumber="53-10-108(17)" start="0">(17)</xref> are contrary to the requirements of the Child Care and Development Block Grant, 42 U.S.C. Secs. 9857-9858r or any other federal grant.</subsection></subsection><subsection number="53-10-108(19)"><subsection number="53-10-108(19)(a)">Information received by a qualifying entity under Subsection <xref depth="4" refnumber="53-10-108(17)" start="0">(17)</xref> may only be disclosed and used as described in Subsection <xref depth="4" refnumber="53-10-108(4)(e)" start="0">(4)(e)</xref>.</subsection><subsection number="53-10-108(19)(b)">A person who disseminates or uses information received under Subsection <xref depth="4" refnumber="53-10-108(17)" start="0">(17)</xref> for a purpose other than those described in Subsection <xref depth="4" refnumber="53-10-108(4)(e)" start="0">(4)(e)</xref> is subject to the penalties described in this section and is also subject to civil liability.</subsection><subsection number="53-10-108(19)(c)">A qualifying entity is not liable for defamation, invasion of privacy, negligence, or any other claim in connection with the contents of information disseminated under Subsection <xref depth="4" refnumber="53-10-108(17)" start="0">(17)</xref>.</subsection></subsection></section><section number="53-10-109"><histories><history>Renumbered and Amended by Chapter <modchap sess="1998GS">263</modchap>, 1998 General Session</history><modyear>1998</modyear></histories><catchline>Telecommunications systems.</catchline><tab/>For the purpose of expediting local, state, national, and international efforts in the detection and apprehension of criminals, the division may operate and coordinate telecommunications systems as may be required in the conduct of its duties under this part. </section><section number="53-10-110"><histories><history>Renumbered and Amended by Chapter <modchap sess="1998GS">263</modchap>, 1998 General Session</history><modyear>1998</modyear></histories><catchline>Authority of officers and officials to take fingerprints, photographs, and other data.</catchline><tab/>The officers and officials described in Sections <xref depth="3" refid="C53-10-S207_1800010118000101" refnumber="53-10-207" start="0">53-10-207</xref> through <xref depth="3" refid="C53-10-S209_1800010118000101" refnumber="53-10-209" start="0">53-10-209</xref> shall take, or cause to be taken, fingerprints, photographs, and other related data of persons under this part. </section><section number="53-10-111"><histories><history>Amended by Chapter <modchap sess="2011GS">243</modchap>, 2011 General Session</history><modyear>2011</modyear></histories><catchline>Refusal to provide information -- False information -- Misdemeanor.</catchline><tab/>It is a class B misdemeanor for a person to:<subsection number="53-10-111(1)"> neglect or refuse to provide, or willfully withhold any information under this part;</subsection><subsection number="53-10-111(2)"> willfully provide false information;</subsection><subsection number="53-10-111(3)"> willfully fail to do or perform any act required under this part;</subsection><subsection number="53-10-111(4)"> hinder or prevent another from doing an act required under this part; or</subsection><subsection number="53-10-111(5)"> willfully remove, destroy, alter, mutilate, or disclose the contents of any file or record created or maintained, or to which access is granted by the division unless authorized by and in compliance with procedures established by the division.</subsection></section><section number="53-10-112"><histories><history>Amended by Chapter <modchap sess="2010GS">276</modchap>, 2010 General Session</history><modyear>2010</modyear></histories><catchline>Director and officers to have peace officer powers.</catchline><tab/>The director and enforcement officers:<subsection number="53-10-112(1)"> are vested with the powers of peace officers throughout the several counties of the state, with the exception of the power to serve civil process;</subsection><subsection number="53-10-112(2)"> have the powers and duties of inspectors under <xref depth="0" refid="C32B_1800010118000101" refnumber="32B" start="0">Title 32B, Alcoholic Beverage Control Act</xref>;</subsection><subsection number="53-10-112(3)"> may serve criminal process and arrest and prosecute violators of any law of this state; and</subsection><subsection number="53-10-112(4)"> have the same rights as other peace officers to require aid in executing their duties.</subsection></section><section number="53-10-113"><histories><history>Amended by Chapter <modchap sess="2026GS">362</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Other agencies to cooperate with division.</catchline><subsection number="53-10-113(1)">All agencies of the state and local governments shall cooperate with the division in discharging the division's responsibilities under:<subsection number="53-10-113(1)(a)">this chapter;</subsection><subsection number="53-10-113(1)(b)"><xref depth="0" refid="C32B_1800010118000101" refnumber="32B" start="0">Title 32B, Alcoholic Beverage Control Act</xref>;</subsection><subsection number="53-10-113(1)(c)">Title 58, Chapter 37, Controlled Substances;</subsection><subsection number="53-10-113(1)(d)">Title 58, Chapter 37c, Controlled Substance Precursors;</subsection><subsection number="53-10-113(1)(e)">Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances;</subsection><subsection number="53-10-113(1)(f)">Title 76, Chapter 18, Part 3, Offenses Concerning Drug Paraphernalia; and</subsection><subsection number="53-10-113(1)(g)">Title 76, Chapter 18, Part 4, Offenses Concerning Imitation Controlled Substances.</subsection></subsection><subsection number="53-10-113(2)">This part does not relieve local law enforcement agencies or officers of the responsibility of enforcing laws relating to alcoholic beverages and alcoholic products or any other laws.</subsection><subsection number="53-10-113(3)">The powers and duties conferred upon the director and the officers of the division are not a limitation upon the powers and duties of other peace officers in the state.</subsection></section><section number="53-10-114"><histories><history>Amended by Chapter <modchap sess="2026GS">362</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Authority regarding drug precursors.</catchline><subsection number="53-10-114(1)">As used in this section, "acts" means:<subsection number="53-10-114(1)(a)">Title 58, Chapter 37c, Controlled Substance Precursors; and</subsection><subsection number="53-10-114(1)(b)">Title 76, Chapter 18, Part 5, Clandestine Drug Labs.</subsection></subsection><subsection number="53-10-114(2)">The division has authority to enforce the drug lab and precursor acts. To carry out this purpose, the division may:<subsection number="53-10-114(2)(a)">inspect, copy, and audit any records, inventories of controlled substance precursors, and reports required under the acts and rules adopted under the acts;</subsection><subsection number="53-10-114(2)(b)">enter the premises of regulated distributors and regulated purchasers during normal business hours to conduct administrative inspections;</subsection><subsection number="53-10-114(2)(c)">assist the law enforcement agencies of the state in enforcing the acts;</subsection><subsection number="53-10-114(2)(d)">conduct investigations to enforce the acts;</subsection><subsection number="53-10-114(2)(e)">present evidence obtained from investigations conducted in conjunction with appropriate county and district attorneys and the Office of the Attorney General for civil or criminal prosecution or for administrative action against a licensee; and</subsection><subsection number="53-10-114(2)(f)">work in cooperation with the Division of Professional Licensing, created under Section <xref depth="3" refnumber="58-1-103" start="0">58-1-103</xref>, to accomplish the purposes of this section.</subsection></subsection></section><section number="53-10-115"><histories><history>Amended by Chapter <modchap sess="2026GS">330</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Cold case database.</catchline><subsection number="53-10-115(1)">As used in this section, "cold case" means an investigation into any crime listed in Subsections <xref depth="4" refnumber="76-1-301(2)(a)" start="0">76-1-301(2)(a)</xref> through <xref refnumber="(h)" depth="4">(h)</xref>, or regarding a missing person, that remains unsolved at least three years after the crime occurred or the individual went missing.</subsection><subsection number="53-10-115(2)">The division shall develop a secure database within the Utah Criminal Justice Information System that contains information related to each cold case that is open in any jurisdiction in the state.</subsection><subsection number="53-10-115(3)">The division shall adopt rules in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, to specify:<subsection number="53-10-115(3)(a)">the information to be collected and maintained in the database; and</subsection><subsection number="53-10-115(3)(b)">what information may be accessed by the public.</subsection></subsection><subsection number="53-10-115(4)">Each law enforcement agency in the state shall provide the information required by the division for inclusion in the database for each open investigation. The law enforcement agency shall maintain the physical evidence and investigation file for each case unless otherwise agreed to by the law enforcement agency and the division.</subsection><subsection number="53-10-115(5)">The division shall maintain the information on a cold case indefinitely.</subsection></section><section number="53-10-116"><histories><history>Enacted by Chapter <modchap sess="2018GS">42</modchap>, 2018 General Session</history><modyear>2018</modyear></histories><catchline>National Crime Prevention and Privacy Compact ratification and implementation.</catchline><subsection number="53-10-116(1)"> To facilitate the interstate exchange of criminal history information for noncriminal justice purposes, including background checks for licensing and screening of employees and volunteers, the National Crime Prevention and Privacy Compact, 42 U.S.C. 14616, is ratified and incorporated by reference as law in this state.</subsection><subsection number="53-10-116(2)"> The division is the central repository of criminal history records for purposes of the compact and shall do all things necessary or incidental to carrying out the compact.</subsection><subsection number="53-10-116(3)"> The director, or director's designee, is the state's compact officer and shall administer the compact within the state.</subsection><subsection number="53-10-116(4)"> The division may adopt rules in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, and establish procedures for the cooperative exchange of criminal history records between the state, other state governments, and with the federal government for use in noncriminal justice background checks.</subsection><subsection number="53-10-116(5)"> The compact and this section do not affect the duties and responsibilities of the division under other provisions of this chapter regarding the dissemination of criminal history records within the state.</subsection></section><section number="53-10-117"><histories><history>Enacted by Chapter <modchap sess="2024GS">21</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Law enforcement agency with school resource officer unit -- Policy.</catchline><subsection number="53-10-117(1)">A law enforcement agency with a school resource officer unit shall develop a school resource officer policy.</subsection><subsection number="53-10-117(2)">The law enforcement agency shall ensure the policy described in Subsection (1) includes:<subsection number="53-10-117(2)(a)">the process for assignment and selection of a school resource officer;</subsection><subsection number="53-10-117(2)(b)">required training of a school resource officer;</subsection><subsection number="53-10-117(2)(c)">internal reporting requirements;</subsection><subsection number="53-10-117(2)(d)">arrest and use of force protocols;</subsection><subsection number="53-10-117(2)(e)">general oversight and accountability; and</subsection><subsection number="53-10-117(2)(f)">other duties required of a school resource officer.</subsection></subsection><subsection number="53-10-117(3)">The state security chief described in Section <xref depth="3" refnumber="53-22-102">53-22-102</xref> shall create a model policy consistent with this section.</subsection><subsection number="53-10-117(4)">A law enforcement agency may adopt the model policy described in Subsection (3).</subsection></section><section number="53-10-118"><histories><history>Amended by Chapter <modchap sess="2026GS">291</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Collection of driving under the influence crash and arrest data.</catchline><subsection number="53-10-118(1)"><subsection number="53-10-118(1)(a)">The division shall collect from every law enforcement agency the following data concerning a crash that appears to be connected with a driving under the influence offense:<subsection number="53-10-118(1)(a)(i)">whether the impaired driver was injured or killed;</subsection><subsection number="53-10-118(1)(a)(ii)">whether any other individual was injured or killed;</subsection><subsection number="53-10-118(1)(a)(iii)">whether there was damage to real or personal property;</subsection><subsection number="53-10-118(1)(a)(iv)">the following results or findings regarding the impaired driver's impairment:<subsection number="53-10-118(1)(a)(iv)(A)">blood, breath, or urine alcohol concentration readings; and</subsection><subsection number="53-10-118(1)(a)(iv)(B)">blood, urine, chemical, or similar tests detecting alcohol or other drugs in an individual; and</subsection></subsection><subsection number="53-10-118(1)(a)(v)">if applicable, the name of the establishment that provided the alcohol to the impaired driver.</subsection></subsection><subsection number="53-10-118(1)(b)">The division shall collect from every law enforcement agency the following data for every arrest made for a suspected driving under the influence offense, including those that are unrelated to a crash described in Subsection <xref depth="4" refnumber="53-10-118(1)(a)">(1)(a)</xref>:<subsection number="53-10-118(1)(b)(i)">the data described in Subsections <xref tempid="571" depth="4" refnumber="(1)(a)(iv)">(1)(a)(iv)</xref> and <xref refnumber="(1)(a)(v)" depth="4">(v)</xref>; and</subsection><subsection number="53-10-118(1)(b)(ii)">if there were any injuries, deaths, or property damage based on the driving under the influence incident, a description of the injuries, deaths, or damages.</subsection></subsection><subsection number="53-10-118(1)(c)">In accordance with Section <xref depth="3" refnumber="53-25-104">53-25-104</xref>, a law enforcement agency shall provide the information described in Subsections <xref depth="4" refnumber="53-10-118(1)(a)">(1)(a)</xref> and <xref depth="4" refnumber="53-10-118(b)">(b)</xref> in the form and manner requested by the division.</subsection></subsection><subsection number="53-10-118(2)">The division shall provide the information collected under Subsection <xref depth="4" refnumber="53-10-118(1)">(1)</xref> to the Department of Criminal Justice for use in the annual report described in Section <xref depth="3" refnumber="41-6a-511">41-6a-511</xref>.</subsection></section></part><part number="53-10-2"><catchline>Bureau of Criminal Identification</catchline><section number="53-10-201"><histories><history>Amended by Chapter <modchap sess="2021GS">345</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Bureau of Criminal Identification -- Creation -- Bureau Chief appointment, qualifications, and compensation.</catchline><subsection number="53-10-201(1)"> There is created within the division the Bureau of Criminal Identification.</subsection><subsection number="53-10-201(2)"> The bureau shall be administered by a bureau chief appointed by the division director with the approval of the commissioner.</subsection><subsection number="53-10-201(3)"> The bureau chief shall be experienced in administration and possess additional qualifications as determined by the commissioner or division director and as provided by law.</subsection><subsection number="53-10-201(4)"> The bureau chief acts under the supervision and control of the division director and may be removed from his position at the will of the commissioner.</subsection><subsection number="53-10-201(5)"> The bureau chief shall receive compensation as provided by <xref depth="1" refnumber="63A-17" start="0">Title 63A, Chapter 17, Utah State Personnel Management Act</xref>.</subsection></section><section number="53-10-202"><histories><history>Amended by Chapter <modchap sess="2025GS">173</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Criminal identification -- Duties of bureau.</catchline><tab/>The bureau shall:<subsection number="53-10-202(1)">procure and file information relating to identification and activities of persons who:<subsection number="53-10-202(1)(a)">are fugitives from justice;</subsection><subsection number="53-10-202(1)(b)">are wanted or missing;</subsection><subsection number="53-10-202(1)(c)">have been arrested for or convicted of a crime under the laws of any state or nation; and</subsection><subsection number="53-10-202(1)(d)">are believed to be involved in racketeering, organized crime, or a dangerous offense;</subsection></subsection><subsection number="53-10-202(2)">establish a statewide uniform crime reporting system that shall include:<subsection number="53-10-202(2)(a)">statistics concerning general categories of criminal activities;</subsection><subsection number="53-10-202(2)(b)">statistics concerning crimes that exhibit evidence of prejudice based on race, religion, ancestry, national origin, ethnicity, or other categories that the division finds appropriate;</subsection><subsection number="53-10-202(2)(c)">statistics concerning the use of force by law enforcement officers in accordance with the Federal Bureau of Investigation's standards; and</subsection><subsection number="53-10-202(2)(d)">other statistics required by the Federal Bureau of Investigation;</subsection></subsection><subsection number="53-10-202(3)">make a complete and systematic record and index of the information obtained under this part;</subsection><subsection number="53-10-202(4)">subject to the restrictions in this part, establish policy concerning the use and dissemination of data obtained under this part;</subsection><subsection number="53-10-202(5)">publish an annual report concerning the extent, fluctuation, distribution, and nature of crime in Utah;</subsection><subsection number="53-10-202(6)">establish a statewide central register for the identification and location of missing persons, which may include:<subsection number="53-10-202(6)(a)">identifying data including fingerprints of each missing person;</subsection><subsection number="53-10-202(6)(b)">identifying data of any missing person who is reported as missing to a law enforcement agency having jurisdiction;</subsection><subsection number="53-10-202(6)(c)">dates and circumstances of any persons requesting or receiving information from the register; and</subsection><subsection number="53-10-202(6)(d)">any other information, including blood types and photographs found necessary in furthering the purposes of this part;</subsection></subsection><subsection number="53-10-202(7)">publish a quarterly directory of missing persons for distribution to persons or entities likely to be instrumental in the identification and location of missing persons;</subsection><subsection number="53-10-202(8)">list the name of every missing person with the appropriate nationally maintained missing persons lists;</subsection><subsection number="53-10-202(9)">establish and operate a 24-hour communication network for reports of missing persons and reports of sightings of missing persons;</subsection><subsection number="53-10-202(10)">coordinate with the National Center for Missing and Exploited Children and other agencies to facilitate the identification and location of missing persons and the identification of unidentified persons and bodies;</subsection><subsection number="53-10-202(11)">receive information regarding missing persons as provided in Sections <xref depth="3" refnumber="26B-8-130" start="0">26B-8-130</xref> and <xref depth="3" refnumber="53G-6-602" start="0">53G-6-602</xref>, and stolen vehicles, vessels, and outboard motors, as provided in Section <xref depth="3" refnumber="41-1a-1401" start="0">41-1a-1401</xref>;</subsection><subsection number="53-10-202(12)">adopt systems of identification, including the fingerprint system, to be used by the division to facilitate law enforcement;</subsection><subsection number="53-10-202(13)">assign a distinguishing number or mark of identification to any pistol or revolver, as provided in Section <xref depth="3" refnumber="53-5a-105">53-5a-105</xref>;</subsection><subsection number="53-10-202(14)">check certain criminal records databases for information regarding motor vehicle salesperson applicants, maintain a separate file of fingerprints for motor vehicle salespersons, and inform the Motor Vehicle Enforcement Division when new entries are made for certain criminal offenses for motor vehicle salespersons in accordance with the requirements of Section <xref depth="3" refnumber="41-3-205.5" start="0">41-3-205.5</xref>;</subsection><subsection number="53-10-202(15)">check certain criminal records databases for information regarding driving privilege card applicants or cardholders and maintain a separate file of fingerprints for driving privilege applicants and cardholders and inform the federal Immigration and Customs Enforcement Agency of the United States Department of Homeland Security when new entries are made in accordance with the requirements of Section <xref depth="3" refnumber="53-3-205.5" start="0">53-3-205.5</xref>;</subsection><subsection number="53-10-202(16)">review and approve or disapprove applications for license renewal that meet the requirements for renewal; and</subsection><subsection number="53-10-202(17)">forward to the board those applications for renewal under Subsection <xref depth="4" refnumber="53-10-202(16)" start="0">(16)</xref> that do not meet the requirements for renewal.</subsection></section><section number="53-10-202.5"><enddate type="SC">9/1/2026</enddate><histories><history>Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Bureau services -- Fees.</catchline><tab/>The bureau shall collect fees for the following services:<subsection number="53-10-202.5(1)">applicant fingerprint card as determined by Section <xref depth="3" refnumber="53-10-108" start="0">53-10-108</xref>;</subsection><subsection number="53-10-202.5(2)">bail enforcement licensing as determined by Section <xref depth="3" refnumber="53-11-115" start="0">53-11-115</xref>;</subsection><subsection number="53-10-202.5(3)">concealed firearm permit as determined by Section <xref depth="3" refnumber="53-5a-307">53-5a-307</xref>;</subsection><subsection number="53-10-202.5(4)">provisional concealed firearm permit as determined by Section <xref depth="3" refnumber="53-5a-308">53-5a-308</xref>;</subsection><subsection number="53-10-202.5(5)">a certificate of eligibility for expungement as described in Section <xref depth="3" refnumber="77-40a-304" start="0">77-40a-304</xref>;</subsection><subsection number="53-10-202.5(6)">firearm purchase background check as determined by Section <xref depth="3" refnumber="53-5a-602">53-5a-602</xref>;</subsection><subsection number="53-10-202.5(7)">name check as determined by Section <xref depth="3" refnumber="53-10-108" start="0">53-10-108</xref>;</subsection><subsection number="53-10-202.5(8)">private investigator licensing as determined by Section <xref depth="3" refnumber="53-9-111" start="0">53-9-111</xref>; and</subsection><subsection number="53-10-202.5(9)">right of access as determined by Section <xref depth="3" refnumber="53-10-108" start="0">53-10-108</xref>.</subsection></section><section number="53-10-202.5"><effdate>9/1/2026</effdate><histories><history>Amended by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Bureau services -- Fees.</catchline><tab/>The bureau shall collect fees for the following services:<subsection number="53-10-202.5(1)">applicant fingerprint card as determined by Section <xref depth="3" refnumber="53-10-108" start="0">53-10-108</xref>;</subsection><subsection number="53-10-202.5(2)">concealed firearm permit as determined by Section <xref depth="3" refnumber="53-5a-307">53-5a-307</xref>;</subsection><subsection number="53-10-202.5(3)">provisional concealed firearm permit as determined by Section <xref depth="3" refnumber="53-5a-308">53-5a-308</xref>;</subsection><subsection number="53-10-202.5(4)">a certificate of eligibility for expungement as described in Section <xref depth="3" refnumber="77-40a-304" start="0">77-40a-304</xref>;</subsection><subsection number="53-10-202.5(5)">firearm purchase background check as determined by Section <xref depth="3" refnumber="53-5a-602">53-5a-602</xref>;</subsection><subsection number="53-10-202.5(6)">name check as determined by Section <xref depth="3" refnumber="53-10-108" start="0">53-10-108</xref>; and</subsection><subsection number="53-10-202.5(7)">right of access as determined by Section <xref depth="3" refnumber="53-10-108" start="0">53-10-108</xref>.</subsection></section><section number="53-10-203"><histories><history>Amended by Chapter <modchap sess="2018GS">415</modchap>, 2018 General Session</history><modyear>2018</modyear></histories><catchline>Missing persons -- Reports -- Notification.</catchline><subsection number="53-10-203(1)"> Each law enforcement agency that is investigating the report of a missing person shall provide information regarding that report to the division. The report shall include descriptive information and the date and location of the last-known contact with the missing person.</subsection><subsection number="53-10-203(2)"> The division shall notify the state registrar of Vital Statistics and the FBI National Crime Information Center of all missing persons reported in accordance with Subsection <xref depth="4" refnumber="53-10-203(1)" start="0">(1)</xref> and shall provide the state registrar with information concerning the identity of those missing persons.</subsection><subsection number="53-10-203(3)"> If the division has reason to believe that a missing person reported in accordance with Subsection <xref depth="4" refnumber="53-10-203(1)" start="0">(1)</xref> has been enrolled in a specific school in this state, the division shall also notify the last-known school of that report.</subsection><subsection number="53-10-203(4)"> Upon learning of the recovery of a missing person, the division shall notify the state registrar and any school that it has previously informed of the person's disappearance.</subsection><subsection number="53-10-203(5)"> The division shall, by rule, determine the manner and form of reports, notices, and information required by this section.</subsection><subsection number="53-10-203(6)"> Upon notification by the state registrar or school personnel that a request for a birth certificate, school record, or other information concerning a missing person has been made, or that an investigation is needed in accordance with Section <xref depth="3" refnumber="53G-6-603" start="0">53G-6-603</xref>, the division shall immediately notify the local law enforcement authority.</subsection></section><section number="53-10-204"><histories><history>Renumbered and Amended by Chapter <modchap sess="1998GS">263</modchap>, 1998 General Session</history><modyear>1998</modyear></histories><catchline>Missing person records -- Confidentiality -- Availability.</catchline><tab/>Inquiries made regarding missing persons are confidential and are available only to:<subsection number="53-10-204(1)"> a law enforcement agency investigating a report of a missing person;</subsection><subsection number="53-10-204(2)"> an agency having the responsibility or authority to care for, treat, or supervise a person who is the subject of a placement in temporary or substitute care or an adoption proceeding;</subsection><subsection number="53-10-204(3)"> a court, upon a finding that access to the records may be necessary for the determination of an issue before it;</subsection><subsection number="53-10-204(4)"> the office of the public prosecutor or its deputies;</subsection><subsection number="53-10-204(5)"> any person engaged in bona fide research when approved by the director of the division, excluding names and addresses; and</subsection><subsection number="53-10-204(6)"> entities or persons authorized to receive the information in accordance with Section <xref depth="3" refid="C53-10-S203_1800010118000101" refnumber="53-10-203" start="0">53-10-203</xref>.</subsection></section><section number="53-10-205"><histories><history>Amended by Chapter <modchap sess="2021GS">103</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Uniform crime reporting system -- Reporting timelines and use of data.</catchline><subsection number="53-10-205(1)"> The data acquired under the statewide uniform crime reporting system shall be used only for research or statistical purposes and may not contain any information that may reveal the identity of an individual victim of a crime or law enforcement officer.</subsection><subsection number="53-10-205(2)"> A law enforcement agency shall, for the jurisdiction of the law enforcement agency, submit crime reporting and use of force data requested or required by the statewide uniform crime reporting system described in Section <xref depth="3" refnumber="53-10-202" start="0">53-10-202</xref>: <subsection number="53-10-205(2)(a)"> to the bureau before the 16th day of the month after the month in which a reported crime occurs; and</subsection><subsection number="53-10-205(2)(b)"> in a manner prescribed by the bureau and in compliance with the requirements of the Federal Bureau of Investigation's uniform crime reporting standards.</subsection></subsection><subsection number="53-10-205(3)"> Upon request of the bureau, a law enforcement agency shall review and verify crime reporting data within 10 business days after the day on which the law enforcement agency receives the request.</subsection></section><section number="53-10-206"><histories><history>Amended by Chapter <modchap sess="2025GS">302</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Collection of information.</catchline><tab/>The commissioner and persons designated by the commissioner may require all peace officers, the warden of the state prison, the keeper of any jail or correctional institution, or superintendent of the state hospital to obtain information that will aid in establishing the records required to be kept.</section><section number="53-10-207"><histories><history>Amended by Chapter <modchap sess="2025GS">302</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Peace officers, prosecutors, and magistrates to supply information to state and F.B.I. -- Notification of arrest based on warrant.</catchline><subsection number="53-10-207(1)">Every peace officer shall:<subsection number="53-10-207(1)(a)">cause fingerprints of persons the peace officer has arrested to be taken on forms provided by the division and the Federal Bureau of Investigation;</subsection><subsection number="53-10-207(1)(b)">supply information requested on the forms; and</subsection><subsection number="53-10-207(1)(c)">forward without delay both copies to the division, which shall forward the F.B.I. copy to the Identification Division of the Federal Bureau of Investigation.</subsection></subsection><subsection number="53-10-207(2)">If, after fingerprints have been taken in accordance with Subsection <xref depth="4" refid="C53-10-S207_1800010118000101" refnumber="53-10-207(1)" start="0">(1)</xref>, the prosecutor declines to prosecute, or investigative action as described in Section <xref depth="3" refid="C77-2-S3_1800010118000101" refnumber="77-2-3" start="0">77-2-3</xref> is terminated, the prosecutor or law enforcement agency shall notify the division of this action within 14 working days.</subsection><subsection number="53-10-207(3)">At the preliminary hearing or arraignment of a felony case, the prosecutor shall ensure that each felony defendant has been fingerprinted and an arrest and fingerprint form is transmitted to the division. In felony cases where fingerprints have not been taken, the judge shall order the chief law enforcement officer of the jurisdiction or the sheriff of the county to:<subsection number="53-10-207(3)(a)">cause fingerprints of each felony defendant to be taken on forms provided by the division;</subsection><subsection number="53-10-207(3)(b)">supply information requested on the forms; and</subsection><subsection number="53-10-207(3)(c)">forward without delay both copies to the division.</subsection></subsection><subsection number="53-10-207(4)">If an arrest is based upon information about the existence of a criminal warrant of arrest or commitment under Rule 6, Utah Rules of Criminal Procedure, every peace officer shall without delay notify the division of the service of each warrant of arrest or commitment, in a manner specified by the division.</subsection></section><section number="53-10-208"><histories><history>Amended by Chapter <modchap sess="2021GS">159</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Definition -- Offenses included on statewide warrant system -- Transportation fee to be included -- Statewide warrant system responsibility -- Quality control -- Training -- Technical support -- Transaction costs.</catchline><subsection number="53-10-208(1)"> "Statewide warrant system" means the portion of the state court computer system that is accessible by modem from the state mainframe computer and contains: <subsection number="53-10-208(1)(a)"> records of criminal warrant information; and</subsection><subsection number="53-10-208(1)(b)"> after notice and hearing, records of protective orders issued pursuant to:<subsection number="53-10-208(1)(b)(i)"><xref depth="1" refnumber="77-36" start="0">Title 77, Chapter 36, Cohabitant Abuse Procedures Act</xref>;</subsection><subsection number="53-10-208(1)(b)(ii)"><xref depth="2" refnumber="78B-7-4" start="0">Title 78B, Chapter 7, Part 4, Dating Violence Protective Orders</xref>;</subsection><subsection number="53-10-208(1)(b)(iii)"><xref depth="2" refnumber="78B-7-5" start="0">Title 78B, Chapter 7, Part 5, Sexual Violence Protective Orders</xref>;</subsection><subsection number="53-10-208(1)(b)(iv)"><xref depth="2" refnumber="78B-7-6" start="0">Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders</xref>; or</subsection><subsection number="53-10-208(1)(b)(v)"><xref depth="2" refnumber="78B-7-8" start="0">Title 78B, Chapter 7, Part 8, Criminal Protective Orders</xref>.</subsection></subsection></subsection><subsection number="53-10-208(2)"><subsection number="53-10-208(2)(a)"> The division shall include on the statewide warrant system all warrants issued for felony offenses and class A, B, and C misdemeanor offenses in the state.</subsection><subsection number="53-10-208(2)(b)"> The division shall include on the statewide warrant system all warrants issued for failure to appear on a traffic citation as ordered by a magistrate under Subsection <xref depth="4" refnumber="77-7-19(3)" start="0">77-7-19(3)</xref>.</subsection><subsection number="53-10-208(2)(c)"> For each warrant, the division shall indicate whether the magistrate ordered under Section <xref depth="3" refnumber="77-7-5" start="0">77-7-5</xref> and Rule 6, Utah Rules of Criminal Procedure, that the accused appear in court.</subsection></subsection><subsection number="53-10-208(3)"> The division is the agency responsible for the statewide warrant system and shall: <subsection number="53-10-208(3)(a)"> ensure quality control of all warrants of arrest or commitment and protective orders contained in the statewide warrant system by conducting regular validation checks with every clerk of a court responsible for entering the information on the system;</subsection><subsection number="53-10-208(3)(b)"> upon the expiration of the protective orders and in the manner prescribed by the division, purge information regarding protective orders described in Subsection <xref depth="4" refnumber="53-10-208.1(1)(d)" start="0">53-10-208.1(1)(d)</xref> within 30 days of the time after expiration;</subsection><subsection number="53-10-208(3)(c)"> establish system procedures and provide training to all criminal justice agencies having access to information contained on the state warrant system;</subsection><subsection number="53-10-208(3)(d)"> provide technical support, program development, and systems maintenance for the operation of the system; and</subsection><subsection number="53-10-208(3)(e)"> pay data processing and transaction costs for state, county, and city law enforcement agencies and criminal justice agencies having access to information contained on the state warrant system.</subsection></subsection><subsection number="53-10-208(4)"><subsection number="53-10-208(4)(a)"> Any data processing or transaction costs not funded by legislative appropriation shall be paid on a pro rata basis by all agencies using the system during the fiscal year.</subsection><subsection number="53-10-208(4)(b)"> This Subsection <xref depth="4" refnumber="53-10-208(4)" start="0">(4)</xref> supersedes any conflicting provision in Subsection <xref depth="4" refnumber="53-10-208(3)(e)" start="0">(3)(e)</xref>.</subsection></subsection></section><section number="53-10-208.1"><histories><history>Amended by Chapter <modchap sess="2026GS">459</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Magistrates and court clerks to supply information.</catchline><subsection number="53-10-208.1(1)">Every magistrate or clerk of a court responsible for court records in this state shall, within 30 days after the day of the disposition and on forms and in the manner provided by the division, furnish the division with information pertaining to:<subsection number="53-10-208.1(1)(a)">all dispositions of criminal matters, including:<subsection number="53-10-208.1(1)(a)(i)">guilty pleas;</subsection><subsection number="53-10-208.1(1)(a)(ii)">convictions;</subsection><subsection number="53-10-208.1(1)(a)(iii)">dismissals;</subsection><subsection number="53-10-208.1(1)(a)(iv)">acquittals;</subsection><subsection number="53-10-208.1(1)(a)(v)">pleas in abeyance;</subsection><subsection number="53-10-208.1(1)(a)(vi)">judgments of not guilty by reason of insanity;</subsection><subsection number="53-10-208.1(1)(a)(vii)">judgments of guilty with a mental condition;</subsection><subsection number="53-10-208.1(1)(a)(viii)">finding of mental incompetence to stand trial; and</subsection><subsection number="53-10-208.1(1)(a)(ix)">probations granted;</subsection></subsection><subsection number="53-10-208.1(1)(b)">orders of civil commitment under the terms of Section <xref depth="3" refnumber="26B-5-332" start="0">26B-5-332</xref>;</subsection><subsection number="53-10-208.1(1)(c)">the issuance, recall, cancellation, or modification of all warrants of arrest or commitment as described in Rule 6, Utah Rules of Criminal Procedure, Section <xref depth="3" refnumber="78B-6-303" start="0">78B-6-303</xref>, and Section <xref depth="3" refnumber="77-28c-106">77-28c-106</xref> within one day of the action and in a manner provided by the division; and</subsection><subsection number="53-10-208.1(1)(d)">protective orders issued after notice and hearing, in accordance with:<subsection number="53-10-208.1(1)(d)(i)"><xref depth="1" refnumber="77-36" start="0">Title 77, Chapter 36, Cohabitant Abuse Procedures Act</xref>;</subsection><subsection number="53-10-208.1(1)(d)(ii)"><xref depth="2" refnumber="78B-7-4" start="0">Title 78B, Chapter 7, Part 4, Dating Violence Protective Orders</xref>;</subsection><subsection number="53-10-208.1(1)(d)(iii)"><xref depth="2" refnumber="78B-7-5" start="0">Title 78B, Chapter 7, Part 5, Sexual Violence Protective Orders</xref>;</subsection><subsection number="53-10-208.1(1)(d)(iv)"><xref depth="2" refnumber="78B-7-6" start="0">Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders</xref>; or</subsection><subsection number="53-10-208.1(1)(d)(v)"><xref depth="2" refnumber="78B-7-8" start="0">Title 78B, Chapter 7, Part 8, Criminal Protective Orders</xref>.</subsection></subsection></subsection><subsection number="53-10-208.1(2)">When transmitting information on a criminal matter under Subsection <xref depth="4" refnumber="53-10-208.1(1)(a)(i)" start="0">(1)(a)(i)</xref>, <xref depth="4" refnumber="53-10-208.1(1)(a)(ii)" start="0">(ii)</xref>, <xref depth="4" refnumber="53-10-208.1(1)(a)(v)" start="0">(v)</xref>, or <xref depth="4" refnumber="53-10-208.1(1)(a)(vii)" start="0">(vii)</xref> for a conviction of misdemeanor assault under Section <xref depth="3" refnumber="76-5-102" start="0">76-5-102</xref>, the magistrate or clerk of a court shall include available information regarding whether the conviction for assault resulted from an assault against an individual:<subsection number="53-10-208.1(2)(a)">who is included in at least one of the relationship categories described in Subsection <xref tempid="214">76-11-303(13)</xref>; or</subsection><subsection number="53-10-208.1(2)(b)">with whom none of the relationships described in Subsection <xref depth="4" refnumber="76-11-303(13)">76-11-303(13)</xref> apply.</subsection></subsection><subsection number="53-10-208.1(3)">The court in the county where a determination or finding was made shall transmit a record of the determination or finding to the bureau no later than 48 hours after the determination is made, excluding Saturdays, Sundays, and legal holidays, if an individual is:<subsection number="53-10-208.1(3)(a)">adjudicated as a mental defective; or</subsection><subsection number="53-10-208.1(3)(b)">involuntarily committed to a mental institution in accordance with Subsection <xref depth="4" refnumber="26B-5-332(16)" start="0">26B-5-332(16)</xref>.</subsection></subsection><subsection number="53-10-208.1(4)">The record described in Subsection <xref depth="4" refnumber="53-10-208.1(3)" start="0">(3)</xref> shall include:<subsection number="53-10-208.1(4)(a)">an agency record identifier;</subsection><subsection number="53-10-208.1(4)(b)">the individual's name, sex, race, and date of birth; and</subsection><subsection number="53-10-208.1(4)(c)">the individual's social security number, government issued driver license or identification number, alien registration number, government passport number, state identification number, or FBI number.</subsection></subsection></section><section number="53-10-209"><histories><history>Amended by Chapter <modchap sess="2025GS">214</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Penal institutions and state hospital to supply information.</catchline><subsection number="53-10-209(1)">The warden of the state prison, keeper of any jail or correctional institution, and superintendent of the state hospital shall forward to the division:<subsection number="53-10-209(1)(a)">the fingerprints and recent photographs of all persons confined in each institution under criminal commitment;</subsection><subsection number="53-10-209(1)(b)">information relating to the parole, termination or expiration of sentence, or any other release of each person from confinement during the preceding month; and</subsection><subsection number="53-10-209(1)(c)">a photograph taken near the time of release.</subsection></subsection><subsection number="53-10-209(2)">The Division of Adult Probation and Parole created in Section <xref depth="3" refnumber="64-14-202">64-14-202</xref> shall furnish to the division:<subsection number="53-10-209(2)(a)">information relating to the revocation or termination of probation or parole; and</subsection><subsection number="53-10-209(2)(b)">upon request, the names, fingerprints, photographs, and other data.</subsection></subsection><subsection number="53-10-209(3)">The chair of the Board of Pardons and Parole shall provide to the division information regarding the issuance, recall, cancellation, or modification of any warrant issued by members of the Board of Pardons and Parole, under Section <xref depth="3" refid="C77-27-S11_1800010118000101" refnumber="77-27-11" start="0">77-27-11</xref>, within one day of issuance.</subsection><subsection number="53-10-209(4)">Information provided to the division under this section shall be on forms designated by the division.</subsection></section><section number="53-10-210"><histories><history>Renumbered and Amended by Chapter <modchap sess="1998GS">263</modchap>, 1998 General Session</history><modyear>1998</modyear></histories><catchline>Response for requests -- Fees.</catchline><subsection number="53-10-210(1)"> In responding to requests for criminal background checks, the division shall make an earnest effort to provide the requested information within three weeks of receipt of a request.</subsection><subsection number="53-10-210(2)"> Fees and other payments received by the division in payment for criminal background check services shall be deposited in the General Fund and the Legislature shall make an annual appropriation for payment of personnel and other costs incurred in providing those services.</subsection></section><section number="53-10-211"><histories><history>Amended by Chapter <modchap sess="2026GS">362</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Notice required of arrest of school employee for controlled substance or sex offense.</catchline><subsection number="53-10-211(1)">The chief administrative officer of the law enforcement agency making the arrest or receiving notice under Subsection <xref depth="4" refnumber="53-10-211(2)" start="0">(2)</xref> shall immediately notify:<subsection number="53-10-211(1)(a)">the State Board of Education; and</subsection><subsection number="53-10-211(1)(b)">the superintendent of schools of the employing public school district or, if the offender is an employee of a private school, the administrator of that school.</subsection></subsection><subsection number="53-10-211(2)">Subsection <xref depth="4" refnumber="53-10-211(1)" start="0">(1)</xref> applies upon:<subsection number="53-10-211(2)(a)">the arrest of any school employee for any offense:<subsection number="53-10-211(2)(a)(i)">in Section <xref depth="3" refnumber="76-18-204">76-18-204</xref>, <xref depth="3" refnumber="76-18-207">76-18-207</xref>, <xref depth="3" refnumber="76-18-208">76-18-208</xref>, <xref depth="3" refnumber="76-18-209">76-18-209</xref>, <xref depth="3" refnumber="76-18-210">76-18-210</xref>, <xref depth="3" refnumber="76-18-211">76-18-211</xref>, <xref depth="3" refnumber="76-18-212">76-18-212</xref>, <xref refnumber="76-18-213" depth="4">76-18-213</xref>, <xref refnumber="76-18-214" depth="4">76-18-214</xref>, <xref refnumber="76-18-215" depth="4">76-18-215</xref>, <xref refnumber="76-18-216" depth="4">76-18-216</xref>, <xref refnumber="76-18-217" depth="4">76-18-217</xref>, <xref refnumber="76-18-217" depth="4">76-18-218</xref>, or <xref refnumber="76-18-219" depth="4">76-18-219</xref>;</subsection><subsection number="53-10-211(2)(a)(ii)">in <xref depth="2" refnumber="76-5-4" start="0">Title 76, Chapter 5, Part 4, Sexual Offenses</xref>; or</subsection><subsection number="53-10-211(2)(a)(iii)">involving sexual conduct; or</subsection></subsection><subsection number="53-10-211(2)(b)">upon receiving notice from any other jurisdiction that a school employee has committed an act which would, if committed in Utah, be an offense under Subsection <xref depth="4" refnumber="53-10-211(2)(a)" start="0">(2)(a)</xref>.</subsection></subsection></section><section number="53-10-212"><histories><history>Renumbered and Amended by Chapter <modchap sess="1998GS">263</modchap>, 1998 General Session</history><modyear>1998</modyear></histories><catchline>Supplies and equipment for compliance by reporting agencies.</catchline><tab/>All governing boards or commissions of each city, town, county, or correctional institution of the state shall furnish the appropriate officials with supplies and equipment necessary to perform the duties prescribed in this part. </section><section number="53-10-213"><histories><history>Amended by Chapter <modchap sess="2026GS">459</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Reporting requirements.</catchline><subsection number="53-10-213(1)">As used in this section:<subsection number="53-10-213(1)(a)">"Interstate compact supervised individual" means the same as that term is defined in Section <xref depth="3" refnumber="77-7-5">77-7-5</xref>.</subsection><subsection number="53-10-213(1)(b)">"Violent felony" means the same as that term is defined in Section <xref depth="3" refnumber="76-3-203.5">76-3-203.5</xref>.</subsection></subsection><subsection number="53-10-213(2)">Subject to Subsection <xref refnumber="37-3">(3)</xref>, the bureau shall submit to the National Crime Information Center the record received:<subsection number="53-10-213(2)(a)">from the court in accordance with Subsection <xref depth="4" refnumber="78B-7-603(5)(e)" start="0">78B-7-603(5)(e)</xref>;</subsection><subsection number="53-10-213(2)(b)">from the court in accordance with Subsection <xref depth="4" refnumber="53-10-208.1(3)" start="0">53-10-208.1(3)</xref>;</subsection><subsection number="53-10-213(2)(c)">in accordance with Section <xref depth="3" refnumber="53-10-208.1">53-10-208.1</xref> for a nonextraditable warrant issued for a violent felony;</subsection><subsection number="53-10-213(2)(d)">for a nonextraditable warrant issued for knowingly failing to register under Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, for a sexual offense under Section <xref depth="3" refnumber="53-29-305">53-29-305</xref>; and</subsection><subsection number="53-10-213(2)(e)">from the court or the Board of Pardons and Parole for an extraditable warrant issued for an interstate compact supervised individual in accordance with Section <xref depth="3" refnumber="77-28c-106">77-28c-106</xref>.</subsection></subsection><subsection number="53-10-213(3)">The bureau shall submit a record received under Subsection <xref refnumber="37-null-1">(2)</xref> to the National Crime Information Center within 48 hours of receipt, excluding Saturdays, Sundays, and legal holidays.</subsection></section></part><part number="53-10-3"><catchline>State Bureau of Investigation</catchline><section number="53-10-301"><histories><history>Amended by Chapter <modchap sess="2021GS">345</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>State Bureau of Investigation -- Creation -- Bureau chief appointment, qualifications, and compensation.</catchline><subsection number="53-10-301(1)"> There is created within the division the State Bureau of Investigation.</subsection><subsection number="53-10-301(2)"> The bureau shall be administered by a bureau chief appointed by the division director with the approval of the commissioner.</subsection><subsection number="53-10-301(3)"> The bureau chief shall be experienced in administration and possess additional qualifications as determined by the division director and as provided by law.</subsection><subsection number="53-10-301(4)"> The bureau chief acts under the supervision and control of the division director and may be removed from his position at the will of the commissioner.</subsection><subsection number="53-10-301(5)"> The bureau chief shall receive compensation as provided by <xref depth="1" refnumber="63A-17" start="0">Title 63A, Chapter 17, Utah State Personnel Management Act</xref>.</subsection></section><section number="53-10-302"><histories><history>Amended by Chapter <modchap sess="2026GS">291</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Bureau duties.</catchline><tab/>The bureau shall:<subsection number="53-10-302(1)">provide assistance and investigative resources to divisions within the Department of Public Safety;</subsection><subsection number="53-10-302(2)">upon request, provide assistance and specialized law enforcement services to local law enforcement agencies;</subsection><subsection number="53-10-302(3)">conduct financial investigations regarding suspicious cash transactions, fraud, and money laundering;</subsection><subsection number="53-10-302(4)">investigate criminal activity of organized crime networks, gangs, extremist groups, and others promoting violence;</subsection><subsection number="53-10-302(5)">investigate criminal activity of terrorist groups;</subsection><subsection number="53-10-302(6)">enforce Title 76, Criminal Offenses;</subsection><subsection number="53-10-302(7)">cooperate and exchange information with other state agencies and with other law enforcement agencies of government, both within and outside of this state, through a statewide information and intelligence center to obtain information that may achieve more effective results in the prevention, detection, and control of crime and apprehension of criminals, including systems described in Section <xref depth="3" refnumber="53E-3-518">53E-3-518</xref>, Section <xref depth="3" refnumber="53H-4-210">53H-4-210</xref>, and Subsection <xref depth="4" refnumber="63H-7a-103(14)">63H-7a-103(14)</xref>;</subsection><subsection number="53-10-302(8)">create and maintain a statewide criminal intelligence system;</subsection><subsection number="53-10-302(9)">provide specialized case support and investigate illegal drug production, cultivation, and sales;</subsection><subsection number="53-10-302(10)">investigate, follow-up, and assist in highway drug interdiction cases;</subsection><subsection number="53-10-302(11)">make rules to implement this chapter;</subsection><subsection number="53-10-302(12)">perform the functions specified in Part <xref depth="2" refnumber="53-10-2">2, Bureau of Criminal Identification</xref>;</subsection><subsection number="53-10-302(13)">provide a state cybercrime unit to investigate computer and network intrusion matters involving state-owned computer equipment and computer networks as reported under Section <xref depth="3" refnumber="76-6-705">76-6-705</xref>;</subsection><subsection number="53-10-302(14)">investigate violations of Section <xref depth="3" refnumber="76-6-703">76-6-703</xref> and other computer related crimes, including:<subsection number="53-10-302(14)(a)">computer network intrusions;</subsection><subsection number="53-10-302(14)(b)">denial of services attacks;</subsection><subsection number="53-10-302(14)(c)">computer related theft or fraud;</subsection><subsection number="53-10-302(14)(d)">intellectual property violations; and</subsection><subsection number="53-10-302(14)(e)">electronic threats; </subsection></subsection><subsection number="53-10-302(15)">upon request, investigate the following offenses when alleged to have been committed by an individual who is currently or has been previously elected, appointed, or employed by a governmental entity:<subsection number="53-10-302(15)(a)">criminal offenses; and</subsection><subsection number="53-10-302(15)(b)">matters of public corruption; and</subsection></subsection><subsection number="53-10-302(16)"><subsection number="53-10-302(16)(a)">not be prohibited from investigating crimes not specifically referred to in this section; and</subsection><subsection number="53-10-302(16)(b)">other agencies are not prohibited from investigating crimes referred to in this section.</subsection></subsection></section><section number="53-10-304"><histories><history>Amended by Chapter <modchap sess="2026GS">362</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Narcotics and alcoholic product enforcement -- Responsibility and jurisdiction.</catchline><tab/>The bureau shall:<subsection number="53-10-304(1)">have specific responsibility for the enforcement of all laws of the state pertaining to alcoholic beverages and alcoholic products;</subsection><subsection number="53-10-304(2)">have general law enforcement jurisdiction throughout the state;</subsection><subsection number="53-10-304(3)">have concurrent law enforcement jurisdiction with all local law enforcement agencies and their officers;</subsection><subsection number="53-10-304(4)">cooperate and exchange information with any other state agency and with other law enforcement agencies of government, both within and outside this state, to obtain information that may achieve more effective results in the prevention, detection, and control of crime and apprehension of criminals;</subsection><subsection number="53-10-304(5)">sponsor or supervise programs or projects related to prevention, detection, and control of violations of:<subsection number="53-10-304(5)(a)"><xref depth="0" refid="C32B_1800010118000101" refnumber="32B" start="0">Title 32B, Alcoholic Beverage Control Act</xref>;</subsection><subsection number="53-10-304(5)(b)">Title 58, Chapter 37, Controlled Substances;</subsection><subsection number="53-10-304(5)(c)">Title 58, Chapter 37c, Controlled Substance Precursors;</subsection><subsection number="53-10-304(5)(d)">Title 76, Chapter 18, Part 2, Offenses Concerning Controlled Substances;</subsection><subsection number="53-10-304(5)(e)">Title 76, Chapter 18, Part 3, Offenses Concerning Drug Paraphernalia;</subsection><subsection number="53-10-304(5)(f)">Title 76, Chapter 18, Part 4, Offenses Concerning Imitation Controlled Substances; and</subsection><subsection number="53-10-304(5)(g)">Title 76, Chapter 18, Part 5, Clandestine Drug Labs; and</subsection></subsection><subsection number="53-10-304(6)">assist the governor in an emergency or as the governor may require.</subsection></section><section number="53-10-305"><histories><history>Amended by Chapter <modchap sess="2022GS">447</modchap>, 2022 General Session</history><modyear>2022</modyear></histories><catchline>Duties of bureau chief.</catchline><tab/>The bureau chief, with the consent of the commissioner, shall do the following:<subsection number="53-10-305(1)"> conduct in conjunction with the state boards of education and higher education in state schools, colleges, and universities, an educational program concerning alcoholic beverages and alcoholic products, and work in conjunction with civic organizations, churches, local units of government, and other organizations in the prevention of alcoholic beverage, alcoholic product, and drug violations;</subsection><subsection number="53-10-305(2)"> coordinate law enforcement programs throughout the state and accumulate and disseminate information related to the prevention, detection, and control of violations of this chapter and <xref depth="0" refnumber="32B" start="0">Title 32B, Alcoholic Beverage Control Act</xref>, as it relates to storage or consumption of an alcoholic beverage or alcoholic product on premises maintained by a bar establishment licensee, or a person required to obtain a bar establishment license, as defined in Section <xref depth="3" refnumber="32B-1-102" start="0">32B-1-102</xref>;</subsection><subsection number="53-10-305(3)"> make inspections and investigations as required by the commission and the Department of Alcoholic Beverage Services;</subsection><subsection number="53-10-305(4)"> perform other acts as may be necessary or appropriate concerning control of the use of an alcoholic beverage or alcoholic product and drugs; and</subsection><subsection number="53-10-305(5)"> make reports and recommendations to the Legislature, the governor, the commissioner, the commission, and the Department of Alcoholic Beverage Services as may be required or requested.</subsection></section></part><part number="53-10-4"><catchline>Bureau of Forensic Services</catchline><section number="53-10-401"><histories><history>Amended by Chapter <modchap sess="2021GS">345</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Bureau of Forensic Services -- Creation -- Bureau Chief appointment, qualifications, and compensation.</catchline><subsection number="53-10-401(1)"> There is created within the division the Bureau of Forensic Services.</subsection><subsection number="53-10-401(2)"> The bureau shall be administered by a bureau chief appointed by the division director with the approval of the commissioner.</subsection><subsection number="53-10-401(3)"> The bureau chief shall be experienced in administration of criminal justice and possess additional qualifications as determined by the commissioner or division director and as provided by law.</subsection><subsection number="53-10-401(4)"> The bureau chief acts under the supervision and control of the division director and may be removed from his position at the will of the commissioner.</subsection><subsection number="53-10-401(5)"> The bureau chief shall receive compensation as provided by <xref depth="1" refnumber="63A-17" start="0">Title 63A, Chapter 17, Utah State Personnel Management Act</xref>.</subsection></section><section number="53-10-402"><histories><history>Enacted by Chapter <modchap sess="1998GS">263</modchap>, 1998 General Session</history><modyear>1998</modyear></histories><catchline>Bureau duties.</catchline><tab/>The bureau shall:<subsection number="53-10-402(1)"> provide quality, timely, and comprehensive analysis of physical evidence from crime scenes and crime-related incidents submitted by federal, state, county, and municipal criminal justice agencies;</subsection><subsection number="53-10-402(2)"> provide expert testimony in courts of law regarding the scientific analysis and conclusion of forensic evidence using the most current and advanced analytical techniques and technology;</subsection><subsection number="53-10-402(3)"> ensure the safety of all laboratory employees against exposure to blood-borne pathogens, infectious materials, and any other biochemical or toxic hazard which may pose a threat to the safety and well-being of bureau employees;</subsection><subsection number="53-10-402(4)"> protect the chain of incoming evidence by ensuring all items are properly packaged, sealed, marked, stored, and delivered back to the submitting agency using established legal guidelines;</subsection><subsection number="53-10-402(5)"> adopt systems of identification, including blood and firearms analysis, to be used by the division to facilitate law enforcement;</subsection><subsection number="53-10-402(6)"> participate in establishing satellite laboratories in designated locations throughout the state;</subsection><subsection number="53-10-402(7)"> provide assistance to the medical community in establishing guidelines for the proper handling of individuals who are the victims of sexual assault; and</subsection><subsection number="53-10-402(8)"> upon request, provide law enforcement agencies technical and analytical support in the processing of crime scenes.</subsection></section><section number="53-10-403"><histories><history>Amended by Chapter <modchap sess="2026GS">337</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>DNA specimen analysis -- Application to offenders, including minors.</catchline><subsection number="53-10-403(1)">Sections <xref depth="3" refnumber="53-10-403.6">53-10-403.6</xref>, <xref depth="3" refnumber="53-10-404">53-10-404</xref>, <xref depth="3" refnumber="53-10-404.5">53-10-404.5</xref>, <xref depth="3" refnumber="53-10-405">53-10-405</xref>, and <xref depth="3" refnumber="53-10-406">53-10-406</xref> apply to:<subsection number="53-10-403(1)(a)">a person who has pled guilty to or has been convicted of any of the offenses under Subsection <xref depth="4" refnumber="53-10-403(2)(a)">(2)(a)</xref> or <xref depth="4" refnumber="53-10-403(b)">(b)</xref> on or after July 1, 2002;</subsection><subsection number="53-10-403(1)(b)">a person who has pled guilty to or has been convicted by any other state or by the United States government of an offense which if committed in this state would be punishable as one or more of the offenses listed in Subsection <xref depth="4" refnumber="53-10-403(2)(a)">(2)(a)</xref> or <xref depth="4" refnumber="53-10-403(b)">(b)</xref> on or after July 1, 2003;</subsection><subsection number="53-10-403(1)(c)">a person who has been booked on or after January 1, 2011, through December 31, 2014, for any offense under Subsection <xref depth="4" refnumber="53-10-403(2)(c)">(2)(c)</xref>;</subsection><subsection number="53-10-403(1)(d)">a person who has been booked:<subsection number="53-10-403(1)(d)(i)">by a law enforcement agency that is obtaining a DNA specimen on or after May 13, 2014, through December 31, 2014, under Subsection <xref depth="4" refnumber="53-10-404(4)(b)">53-10-404(4)(b)</xref> for any felony offense; or</subsection><subsection number="53-10-403(1)(d)(ii)">on or after January 1, 2015, for any felony offense; or</subsection></subsection><subsection number="53-10-403(1)(e)">a minor:<subsection number="53-10-403(1)(e)(i)"><subsection number="53-10-403(1)(e)(i)(A)">who is adjudicated by the juvenile court for an offense described in Subsection <xref depth="4" refnumber="53-10-403(2)">(2)</xref> that is within the jurisdiction of the juvenile court on or after July 1, 2002; or</subsection><subsection number="53-10-403(1)(e)(i)(B)">who is adjudicated by the juvenile court for an offense described in Subsection <xref depth="4" refnumber="53-10-403(2)">(2)</xref> and is in the legal custody of the Division of Juvenile Justice and Youth Services for the offense on or after July 1, 2002; and</subsection></subsection><subsection number="53-10-403(1)(e)(ii)">who is 14 years old or older at the time of the commission of the offense described in Subsection <xref depth="4" refnumber="53-10-403(2)">(2)</xref>.</subsection></subsection></subsection><subsection number="53-10-403(2)">Offenses referred to in Subsection <xref depth="4" refnumber="53-10-403(1)">(1)</xref> are:<subsection number="53-10-403(2)(a)">any felony or class A misdemeanor under the Utah Code;</subsection><subsection number="53-10-403(2)(b)">any offense under Subsection <xref depth="4" refnumber="53-10-403(2)(a)">(2)(a)</xref>:<subsection number="53-10-403(2)(b)(i)">for which the court enters a judgment for conviction to a lower degree of offense under Section <xref depth="3" refnumber="76-3-402">76-3-402</xref>; or</subsection><subsection number="53-10-403(2)(b)(ii)">regarding which the court allows the defendant to enter a plea in abeyance as defined in Section <xref depth="3" refnumber="77-2a-1">77-2a-1</xref>; or</subsection></subsection><subsection number="53-10-403(2)(c)"><subsection number="53-10-403(2)(c)(i)">any violent felony as defined in Section <xref depth="3" refnumber="53-10-403.5">53-10-403.5</xref>;</subsection><subsection number="53-10-403(2)(c)(ii)">sale or use of body parts, Section <xref depth="3" refnumber="26B-8-315">26B-8-315</xref>;</subsection><subsection number="53-10-403(2)(c)(iii)">failure to stop at an accident that resulted in death, Section <xref depth="3" refnumber="41-6a-401.3">41-6a-401.3</xref>;</subsection><subsection number="53-10-403(2)(c)(iv)">operating a motor vehicle with any amount of a controlled substance in an individual's body and causing serious bodily injury or death, as codified before May 4, 2022, Laws of Utah 2021, Chapter 236, Section 1, Subsection <xref depth="4" refnumber="58-37-8(2)(g)">58-37-8(2)(g)</xref>;</subsection><subsection number="53-10-403(2)(c)(v)">a felony violation of enticing a minor, Section <xref depth="3" refnumber="76-5-417">76-5-417</xref>;</subsection><subsection number="53-10-403(2)(c)(vi)">negligently operating a vehicle resulting in injury, Subsection <xref depth="4" refnumber="76-5-102.1(2)(b)">76-5-102.1(2)(b)</xref>;</subsection><subsection number="53-10-403(2)(c)(vii)">a felony violation of propelling a substance or object at a correctional officer, a peace officer, or an employee or a volunteer, including health care providers, Section <xref depth="3" refnumber="76-5-102.6">76-5-102.6</xref>;</subsection><subsection number="53-10-403(2)(c)(viii)">automobile homicide, Subsection <xref depth="4" refnumber="76-5-207(2)(b)">76-5-207(2)(b)</xref>;</subsection><subsection number="53-10-403(2)(c)(ix)">aggravated human trafficking, Section <xref depth="3" refnumber="76-5-310">76-5-310</xref> or <xref depth="3" refnumber="76-5-310.2">76-5-310.2</xref>, and aggravated human smuggling, Section <xref depth="3" refnumber="76-5-317">76-5-317</xref>;</subsection><subsection number="53-10-403(2)(c)(x)">a felony violation of unlawful sexual activity with a minor, Section <xref depth="3" refnumber="76-5-401">76-5-401</xref>;</subsection><subsection number="53-10-403(2)(c)(xi)">a felony violation of sexual abuse of a minor, Section <xref depth="3" refnumber="76-5-401.1">76-5-401.1</xref>;</subsection><subsection number="53-10-403(2)(c)(xii)">unlawful sexual contact with a 16 or 17 year old, Section <xref depth="3" refnumber="76-5-401.2">76-5-401.2</xref>;</subsection><subsection number="53-10-403(2)(c)(xiii)">sale of a child, Section <xref depth="3" refnumber="76-7-203">76-7-203</xref>;</subsection><subsection number="53-10-403(2)(c)(xiv)">aggravated escape, Section <xref depth="3" refnumber="76-8-309.1">76-8-309.1</xref>;</subsection><subsection number="53-10-403(2)(c)(xv)">a felony violation of threatened or attempted assault on an elected official, Section <xref depth="3" refnumber="76-8-313">76-8-313</xref>;</subsection><subsection number="53-10-403(2)(c)(xvi)">threat with intent to impede, intimidate, interfere, or retaliate against a judge or a member of the Board of Pardons and Parole or acting against a family member of a judge or a member of the Board of Pardons and Parole, Section <xref depth="3" refnumber="76-8-316">76-8-316</xref>;</subsection><subsection number="53-10-403(2)(c)(xvii)">assault with intent to impede, intimidate, interfere, or retaliate against a judge or a member of the Board of Pardons and Parole or acting against a family member of a judge or a member of the Board of Pardons and Parole, Section <xref depth="3" refnumber="76-8-316.2">76-8-316.2</xref>;</subsection><subsection number="53-10-403(2)(c)(xviii)">aggravated assault with intent to impede, intimidate, interfere, or retaliate against a judge or a member of the Board of Pardons and Parole or acting against a family member of a judge or a member of the Board of Pardons and Parole, Section <xref depth="3" refnumber="76-8-316.4">76-8-316.4</xref>;</subsection><subsection number="53-10-403(2)(c)(xix)">attempted murder with intent to impede, intimidate, interfere, or retaliate against a judge or a member of the Board of Pardons and Parole or acting against a family member of a judge or a member of the Board of Pardons and Parole, Section <xref depth="3" refnumber="76-8-316.6">76-8-316.6</xref>;</subsection><subsection number="53-10-403(2)(c)(xx)">advocating criminal syndicalism or sabotage, Section <xref depth="3" refnumber="76-8-902">76-8-902</xref>;</subsection><subsection number="53-10-403(2)(c)(xxi)">assembling for advocating criminal syndicalism or sabotage, Section <xref depth="3" refnumber="76-8-903">76-8-903</xref>;</subsection><subsection number="53-10-403(2)(c)(xxii)">a felony violation of sexual battery, Section <xref depth="3" refnumber="76-5-418">76-5-418</xref>;</subsection><subsection number="53-10-403(2)(c)(xxiii)">a felony violation of lewdness involving a child, Section <xref depth="3" refnumber="76-5-420">76-5-420</xref>;</subsection><subsection number="53-10-403(2)(c)(xxiv)">a felony violation of abuse or desecration of a dead human body, Section <xref depth="3" refnumber="76-5-802">76-5-802</xref>;</subsection><subsection number="53-10-403(2)(c)(xxv)">manufacture, possession, sale, or use of a weapon of mass destruction, Section <xref refnumber="76-15-302" depth="4">76-15-302</xref>;</subsection><subsection number="53-10-403(2)(c)(xxvi)">manufacture, possession, sale, or use of a hoax weapon of mass destruction, Section <xref refnumber="76-15-303" depth="4">76-15-303</xref>;</subsection><subsection number="53-10-403(2)(c)(xxvii)">possession of a concealed firearm in the commission of a violent felony, Subsection <xref depth="4" refnumber="76-11-202(3)(c)">76-11-202(3)(c)</xref>;</subsection><subsection number="53-10-403(2)(c)(xxviii)">assault with the intent to commit bus hijacking with a dangerous weapon as described in Subsection <xref depth="4" refnumber="76-9-1503(3)(b)">76-9-1503(3)(b)</xref>;</subsection><subsection number="53-10-403(2)(c)(xxix)">aggravated commercial obstruction, Section <xref depth="3" refnumber="76-9-114">76-9-114</xref>;</subsection><subsection number="53-10-403(2)(c)(xxx)">a felony violation of failure to register as a sex or kidnap offender or comply with the sex offender monitoring program, Section <xref depth="3" refnumber="53-29-305">53-29-305</xref>;</subsection><subsection number="53-10-403(2)(c)(xxxi)">repeat violation of a protective order, Subsection <xref depth="4" refnumber="77-36-1.1(4)">77-36-1.1(4)</xref>; or</subsection><subsection number="53-10-403(2)(c)(xxxii)">violation of condition for release after arrest under Section <xref depth="3" refnumber="78B-7-802">78B-7-802</xref>.</subsection></subsection></subsection></section><section number="53-10-403.5"><histories><history>Amended by Chapter <modchap sess="2024GS">256</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this section and Sections <xref depth="3" refnumber="53-10-403">53-10-403</xref>, <xref depth="3" refnumber="53-10-403.7">53-10-403.7</xref>, <xref depth="3" refnumber="53-10-404">53-10-404</xref>, <xref depth="3" refnumber="53-10-404.5">53-10-404.5</xref>, <xref depth="3" refnumber="53-10-405">53-10-405</xref>, and <xref depth="3" refnumber="53-10-406">53-10-406</xref>:<subsection number="53-10-403.5(1)">"Adjudication" means the same as that term is defined in Section <xref depth="3" refnumber="80-1-102">80-1-102</xref>.</subsection><subsection number="53-10-403.5(2)">"Bureau" means the Bureau of Forensic Services.</subsection><subsection number="53-10-403.5(3)">"Combined DNA Index System" or "CODIS" means the program operated by the Federal Bureau of Investigation to support criminal justice DNA databases and the software used to run the databases.</subsection><subsection number="53-10-403.5(4)">"Conviction" means:<subsection number="53-10-403.5(4)(a)">a verdict or conviction;</subsection><subsection number="53-10-403.5(4)(b)">a plea of guilty or guilty with a mental condition;</subsection><subsection number="53-10-403.5(4)(c)">a plea of no contest; or</subsection><subsection number="53-10-403.5(4)(d)">the acceptance by the court of a plea in abeyance.</subsection></subsection><subsection number="53-10-403.5(5)">"DNA" means deoxyribonucleic acid.</subsection><subsection number="53-10-403.5(6)">"DNA profile" means the patterns of fragments of DNA used to identify an individual.</subsection><subsection number="53-10-403.5(7)">"DNA specimen" or "specimen" means a biological sample collected from an individual or a crime scene, or that is collected as part of an investigation.</subsection><subsection number="53-10-403.5(8)">"Final judgment" means a judgment, including any supporting opinion, concerning which all appellate remedies have been exhausted or the time for appeal has expired.</subsection><subsection number="53-10-403.5(9)">"Minor" means the same as that term is defined in Section <xref depth="3" refnumber="80-1-102">80-1-102</xref>.</subsection><subsection number="53-10-403.5(10)">"Rapid DNA" means the fully automated process of developing a DNA profile.</subsection><subsection number="53-10-403.5(11)">"Violent felony" means any offense under Section <xref depth="3" refnumber="76-3-203.5">76-3-203.5</xref>.</subsection></section><section number="53-10-403.6"><histories><history>Enacted by Chapter <modchap sess="2020GS">415</modchap>, 2020 General Session</history><modyear>2020</modyear></histories><catchline>Use of Rapid DNA.</catchline><subsection number="53-10-403.6(1)"> Rapid DNA technology may be used for the purposes of conducting testing of a DNA specimen obtained: <subsection number="53-10-403.6(1)(a)"> at the time of booking in accordance with Section <xref depth="3" refnumber="53-10-405" start="0">53-10-405</xref>; or</subsection><subsection number="53-10-403.6(1)(b)"> for non-CODIS comparison during an investigation, if a second specimen is also obtained and is submitted to the bureau or another laboratory that is a National DNA Index System participating laboratory for testing.</subsection></subsection><subsection number="53-10-403.6(2)"> Notwithstanding Subsection <xref depth="4" refnumber="53-10-403.6(1)(b)" start="0">(1)(b)</xref> a second sample is not required if the sample collected was a touch DNA sample and no other specimen or sample is available.</subsection><subsection number="53-10-403.6(3)"> Rapid DNA technology may be used for other purposes only when conducted by the bureau in its capacity as the state's National DNA Index System participating laboratory that follows the Federal Bureau of Investigation Quality Assurance Standards for Forensic DNA Testing Laboratories.</subsection><subsection number="53-10-403.6(4)"> If the investigating agency submits a DNA specimen to the bureau in accordance with the provisions of this section, the bureau shall provide the results of the test directly to the local law enforcement agency that submitted the DNA specimen.</subsection></section><section number="53-10-403.7"><histories><history>Enacted by Chapter <modchap sess="2023GS">500</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Investigative genetic genealogy service -- Genetic genealogy database utilization -- Third-party specimens -- Requirements.</catchline><subsection number="53-10-403.7(1)"> As used in this section: <subsection number="53-10-403.7(1)(a)"> "Genetic genealogy company" means a company that provides a genetic genealogy database utilization or an investigative genetic genealogy service.</subsection><subsection number="53-10-403.7(1)(b)"> "Genetic genealogy database utilization" means a utilization of a genetic genealogical database for the purpose of identifying potential biological relatives to a DNA profile.</subsection><subsection number="53-10-403.7(1)(c)"> "Genetic information" means data acquired from an analysis of a DNA specimen.</subsection><subsection number="53-10-403.7(1)(d)"> "Investigative genetic genealogy service" means the processing of an individual's DNA specimen or genetic data file to be used for a genetic genealogy database utilization.</subsection><subsection number="53-10-403.7(1)(e)"> "Prosecuting agency" means the Office of the Attorney General or the office of a county attorney or district attorney, including an attorney on the staff, whether acting in a civil or criminal capacity.</subsection><subsection number="53-10-403.7(1)(f)"> "Qualifying case" means an investigation of:<subsection number="53-10-403.7(1)(f)(i)"> a violent felony; or</subsection><subsection number="53-10-403.7(1)(f)(ii)"> the identity of a missing or unknown individual.</subsection></subsection><subsection number="53-10-403.7(1)(g)"> "Third-party DNA specimen" means a DNA specimen obtained from an individual who is not a likely suspect in an investigation.</subsection></subsection><subsection number="53-10-403.7(2)"> A law enforcement agency may request an investigative genetic genealogy service or a genetic genealogy database utilization from the bureau or a genetic genealogy company if: <subsection number="53-10-403.7(2)(a)"><subsection number="53-10-403.7(2)(a)(i)"> the law enforcement agency, through the law enforcement agency's investigation, has a DNA profile from forensic evidence that the law enforcement agency reasonably believes is attributable to: <subsection number="53-10-403.7(2)(a)(i)(A)"> the perpetrator of a crime;</subsection><subsection number="53-10-403.7(2)(a)(i)(B)"> the remains of an unidentified individual; or</subsection><subsection number="53-10-403.7(2)(a)(i)(C)"> a missing or unknown individual;</subsection></subsection><subsection number="53-10-403.7(2)(a)(ii)"> the case for which the law enforcement agency requires the information is a qualifying case;</subsection><subsection number="53-10-403.7(2)(a)(iii)"> a routine search of CODIS-eligible profiles, if any, developed in the case revealed no DNA matches to the DNA profile;</subsection><subsection number="53-10-403.7(2)(a)(iv)"> the law enforcement agency, the bureau, and the prosecuting agency consult regarding whether an investigative genetic genealogy service or genetic genealogy database utilization is an appropriate and necessary step in the development of information that may contribute to solving the case; and</subsection><subsection number="53-10-403.7(2)(a)(v)"> the law enforcement agency and prosecuting agency commit to further investigation of the case if the investigative genetic genealogy service or genetic genealogy database utilization produces information that may contribute to solving the case; or</subsection></subsection><subsection number="53-10-403.7(2)(b)"> ordered by a court in accordance with a postconviction relief proceeding under Section <xref depth="3" refnumber="78B-9-301" start="0">78B-9-301</xref>.</subsection></subsection><subsection number="53-10-403.7(3)"><subsection number="53-10-403.7(3)(a)"> Before a law enforcement agency may collect a third-party DNA specimen for the purpose of obtaining an investigative genetic genealogy service or a genetic genealogy database utilization, the law enforcement agency shall:<subsection number="53-10-403.7(3)(a)(i)"> consult with the prosecuting agency; and</subsection><subsection number="53-10-403.7(3)(a)(ii)"><subsection number="53-10-403.7(3)(a)(ii)(A)"> obtain informed, voluntary consent from the individual providing the third-party DNA specimen; or</subsection><subsection number="53-10-403.7(3)(a)(ii)(B)"> if the law enforcement agency concludes that the case-specific circumstances provide reasonable grounds to believe that a request for informed, voluntary consent would compromise the integrity of the investigation, obtain from the prosecuting agency authorization for a covert collection of the third-party DNA specimen.</subsection></subsection></subsection><subsection number="53-10-403.7(3)(b)"> Before obtaining a third-party DNA specimen in accordance with Subsection <xref depth="4" refnumber="53-10-403.7(3)(a)(ii)(B)" start="0">(3)(a)(ii)(B)</xref>, a law enforcement agency shall, if applicable, request the prosecuting agency to notify and consult with the prosecuting agency in the jurisdiction in which the sample will be covertly collected to ensure that all applicable laws and procedures are followed.</subsection><subsection number="53-10-403.7(3)(c)"> A law enforcement agency that obtains a DNA specimen in accordance with Subsection <xref depth="4" refnumber="53-10-403.7(3)(a)(ii)(B)" start="0">(3)(a)(ii)(B)</xref> shall obtain and process the DNA specimen in a lawful manner including, if necessary, obtaining a search warrant.</subsection></subsection><subsection number="53-10-403.7(4)"> A law enforcement agency or a prosecuting agency may only use a third-party DNA specimen obtained under Subsection <xref depth="4" refnumber="53-10-403.7(3)" start="0">(3)</xref> to: <subsection number="53-10-403.7(4)(a)"> identify a possible suspect;</subsection><subsection number="53-10-403.7(4)(b)"> exonerate a possible suspect; or</subsection><subsection number="53-10-403.7(4)(c)"> identify a missing or unknown individual.</subsection></subsection><subsection number="53-10-403.7(5)"> When requesting an investigative genetic genealogy service or genetic genealogy database utilization from a genetic genealogy company under Subsection <xref depth="4" refnumber="53-10-403.7(2)" start="0">(2)</xref>, a law enforcement agency shall: <subsection number="53-10-403.7(5)(a)"> disclose to the genetic genealogy company that the request is from a law enforcement agency;</subsection><subsection number="53-10-403.7(5)(b)"> only make a request to a genetic genealogy company that:<subsection number="53-10-403.7(5)(b)(i)"> provides notice to the genetic genealogy company's service users and the public that law enforcement may use the genetic genealogy company's services to investigate crimes or to identify unidentified human remains;</subsection><subsection number="53-10-403.7(5)(b)(ii)"> allows a user to: <subsection number="53-10-403.7(5)(b)(ii)(A)"> opt in or out of having the user's data be accessible in an investigation requested by law enforcement; and</subsection><subsection number="53-10-403.7(5)(b)(ii)(B)"> access the genetic genealogy company's services even if the user opts out of having the user's data be accessible in an investigation requested by law enforcement; and</subsection></subsection><subsection number="53-10-403.7(5)(b)(iii)"> has a policy that prevents the genetic genealogy company from compiling, selling, licensing, or transferring to a third party any data generated by the genetic genealogy company concerning a victim, crime scene, or suspect;</subsection></subsection><subsection number="53-10-403.7(5)(c)"> confirm that the request is permitted under the terms of service for the genetic genealogy company; and</subsection><subsection number="53-10-403.7(5)(d)"> if possible, configure or request the genetic genealogy company to configure service site user settings that control access to the DNA submitted by the law enforcement agency and associated account information in a manner that will prevent the information from being viewed by other service users.</subsection></subsection><subsection number="53-10-403.7(6)"><subsection number="53-10-403.7(6)(a)"> Before an individual may be arrested as a suspect in a crime for which an investigative genetic genealogy service or genetic genealogy database utilization has been conducted under Subsection <xref depth="4" refnumber="53-10-403.7(2)(a)" start="0">(2)(a)</xref> and the investigative genetic genealogy service or genetic genealogy database utilization has aided in the identification of the individual as a suspect, the law enforcement agency and the bureau shall verify with confirmatory genetic testing that the DNA obtained from the crime scene could have originated from the individual unless the law enforcement agency or the prosecuting agency has sufficient evidence outside of the investigative genetic genealogy service or genetic genealogy database utilization to independently support the individual's arrest.</subsection><subsection number="53-10-403.7(6)(b)"> After an individual has been charged with an offense after an investigative genetic genealogy service or a genetic genealogy database utilization has been conducted for that offense, the law enforcement agency shall:<subsection number="53-10-403.7(6)(b)(i)"> if applicable, verify with confirmatory genetic testing that the DNA obtained from the crime scene could have originated from the individual;</subsection><subsection number="53-10-403.7(6)(b)(ii)"> if applicable, make a prompt, formal request to the genetic genealogy company to: <subsection number="53-10-403.7(6)(b)(ii)(A)"> provide the DNA information and any associated account information related to the charged crime directly to the law enforcement agency; and</subsection><subsection number="53-10-403.7(6)(b)(ii)(B)"> remove the DNA information and any associated account information held by the genetic genealogy company;</subsection></subsection><subsection number="53-10-403.7(6)(b)(iii)"> if applicable, document the request described in Subsection <xref depth="4" refnumber="53-10-403.7(6)(b)(ii)" start="0">(6)(b)(ii)</xref>; and</subsection><subsection number="53-10-403.7(6)(b)(iv)"> retain the information received from the genetic genealogy company or the bureau for use during prosecution and subsequent judicial proceedings.</subsection></subsection></subsection><subsection number="53-10-403.7(7)"> A law enforcement agency or a prosecuting agency: <subsection number="53-10-403.7(7)(a)"> may not request an investigative genetic genealogy service or a genetic genealogy database utilization except as provided in this section;</subsection><subsection number="53-10-403.7(7)(b)"> shall ensure that genetic information obtained under this section is used only for law enforcement purposes or postconviction relief purposes under Section <xref depth="3" refnumber="78B-9-301" start="0">78B-9-301</xref>; and</subsection><subsection number="53-10-403.7(7)(c)"> shall ensure that a DNA specimen and associated genetic information is:<subsection number="53-10-403.7(7)(c)(i)"> retained in conformance with applicable laws; and</subsection><subsection number="53-10-403.7(7)(c)(ii)"> destroyed once permitted under applicable laws.</subsection></subsection></subsection><subsection number="53-10-403.7(8)"><subsection number="53-10-403.7(8)(a)"> A violation of this section does not confer standing to a criminal defendant to request the suppression of evidence unless a court determines that the violation led to a deprivation of the defendant's constitutional rights.</subsection><subsection number="53-10-403.7(8)(b)"><subsection number="53-10-403.7(8)(b)(i)"> If a court in a civil suit finds that an employee or agent of a law enforcement agency knowingly has violated a provision of this section, the court shall order that the employee or agent may not participate in another investigative genetic genealogy service or genetic genealogy database utilization under this section for one year.</subsection><subsection number="53-10-403.7(8)(b)(ii)"> A finding or order under Subsection <xref depth="4" refnumber="53-10-403.7(8)(b)(i)" start="0">(8)(b)(i)</xref> may not constitute cause for a judgment for monetary damages or attorney fees against the state or a governmental entity or an individual employed by the state or a governmental entity.</subsection></subsection></subsection></section><section number="53-10-404"><histories><history>Amended by Chapter <modchap sess="2025GS">214</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Amended by Chapter <modchap sess="2025GS">291</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>DNA specimen analysis -- Requirement to obtain the specimen.</catchline><subsection number="53-10-404(1)">As used in this section, "person" means a person or minor described in Section <xref depth="3" refnumber="53-10-403">53-10-403</xref>.</subsection><subsection number="53-10-404(2)"><subsection number="53-10-404(2)(a)">A person under Section <xref depth="3" refnumber="53-10-403">53-10-403</xref> or any person required to register as a sex offender, kidnap offender, or child abuse offender under Title 53, Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry, shall provide a DNA specimen and shall reimburse the agency responsible for obtaining the DNA specimen $150 for the cost of obtaining the DNA specimen unless:<subsection number="53-10-404(2)(a)(i)">the person was booked under Section <xref depth="3" refnumber="53-10-403">53-10-403</xref> and is not required to reimburse the agency under Section <xref depth="3" refnumber="53-10-404.5">53-10-404.5</xref>; or</subsection><subsection number="53-10-404(2)(a)(ii)">the agency determines the person lacks the ability to pay.</subsection></subsection><subsection number="53-10-404(2)(b)"><subsection number="53-10-404(2)(b)(i)"><subsection number="53-10-404(2)(b)(i)(A)">The responsible agencies shall establish guidelines and procedures for determining if the person is able to pay the fee.</subsection><subsection number="53-10-404(2)(b)(i)(B)">An agency's implementation of Subsection <xref depth="4" refnumber="53-10-404(2)(b)(i)">(2)(b)(i)</xref> meets an agency's obligation to determine an inmate's ability to pay.</subsection></subsection><subsection number="53-10-404(2)(b)(ii)">An agency's guidelines and procedures may provide for the assessment of $150 on the inmate's county trust fund account and may allow a negative balance in the account until the $150 is paid in full.</subsection></subsection></subsection><subsection number="53-10-404(3)"><subsection number="53-10-404(3)(a)"><subsection number="53-10-404(3)(a)(i)">All fees collected under Subsection <xref depth="4" refnumber="53-10-404(2)">(2)</xref> shall be deposited into the DNA Specimen Restricted Account created in Section <xref depth="3" refnumber="53-10-407">53-10-407</xref>, except that the agency collecting the fee may retain not more than $25 per individual specimen for the costs of obtaining the saliva DNA specimen.</subsection><subsection number="53-10-404(3)(a)(ii)">The agency collecting the $150 fee may not retain from each separate fee more than $25, and no amount of the $150 fee may be credited to any other fee or agency obligation.</subsection></subsection><subsection number="53-10-404(3)(b)">The responsible agency shall determine the method of collecting the DNA specimen. Unless the responsible agency determines there are substantial reasons for using a different method of collection or the person refuses to cooperate with the collection, the preferred method of collection shall be obtaining a saliva specimen.</subsection><subsection number="53-10-404(3)(c)">The responsible agency may use reasonable force, as established by its guidelines and procedures, to collect the DNA sample if the person refuses to cooperate with the collection.</subsection><subsection number="53-10-404(3)(d)">If the judgment places the person on probation, the person shall submit to the obtaining of a DNA specimen as a condition of the probation.</subsection><subsection number="53-10-404(3)(e)"><subsection number="53-10-404(3)(e)(i)">Under this section a person is required to provide one DNA specimen and pay the collection fee as required under this section.</subsection><subsection number="53-10-404(3)(e)(ii)">The person shall provide an additional DNA specimen only if the DNA specimen previously provided is not adequate for analysis.</subsection><subsection number="53-10-404(3)(e)(iii)">The collection fee is not imposed for a second or subsequent DNA specimen collected under this section.</subsection></subsection><subsection number="53-10-404(3)(f)">Any agency that is authorized to obtain a DNA specimen under this part may collect any outstanding amount of a fee due under this section from any person who owes any portion of the fee and deposit the amount in the DNA Specimen Restricted Account created in Section <xref depth="3" refnumber="53-10-407">53-10-407</xref>.</subsection></subsection><subsection number="53-10-404(4)"><subsection number="53-10-404(4)(a)">The responsible agency shall cause a DNA specimen to be obtained as soon as possible and transferred to the Department of Public Safety:<subsection number="53-10-404(4)(a)(i)">after a conviction or an adjudication by the juvenile court;</subsection><subsection number="53-10-404(4)(a)(ii)">on and after January 1, 2011, through December 31, 2014, after the booking of a person for any offense under Subsection <xref depth="4" refnumber="53-10-403(1)(c)">53-10-403(1)(c)</xref>; and</subsection><subsection number="53-10-404(4)(a)(iii)">on and after January 1, 2015, after the booking of a person for any felony offense, as provided under Subsection <xref depth="4" refnumber="53-10-403(1)(d)(ii)">53-10-403(1)(d)(ii)</xref>.</subsection></subsection><subsection number="53-10-404(4)(b)">On and after May 13, 2014, through December 31, 2014, the responsible agency may cause a DNA specimen to be obtained and transferred to the Department of Public Safety after the booking of a person for any felony offense, as provided under Subsection <xref depth="4" refnumber="53-10-403(1)(d)(i)">53-10-403(1)(d)(i)</xref>.</subsection><subsection number="53-10-404(4)(c)">If notified by the Department of Public Safety that a DNA specimen is not adequate for analysis, the agency shall, as soon as possible:<subsection number="53-10-404(4)(c)(i)">obtain and transmit an additional DNA specimen; or</subsection><subsection number="53-10-404(4)(c)(ii)">request that another agency that has direct access to the person and that is authorized to collect DNA specimens under this section collect the necessary second DNA specimen and transmit it to the Department of Public Safety.</subsection></subsection><subsection number="53-10-404(4)(d)">Each agency that is responsible for collecting DNA specimens under this section shall establish:<subsection number="53-10-404(4)(d)(i)">a tracking procedure to record the handling and transfer of each DNA specimen it obtains; and</subsection><subsection number="53-10-404(4)(d)(ii)">a procedure to account for the management of all fees it collects under this section.</subsection></subsection></subsection><subsection number="53-10-404(5)"><subsection number="53-10-404(5)(a)">The Department of Corrections is the responsible agency whenever the person is committed to the custody of or is under the supervision of the Division of Adult Probation and Parole created in Section <xref depth="3" refnumber="64-14-202">64-14-202</xref>.</subsection><subsection number="53-10-404(5)(b)">If a minor described in Subsection <xref depth="4" refnumber="53-10-403(3)">53-10-403(3)</xref> is not committed to the legal custody of the Division of Juvenile Justice and Youth Services upon an adjudication, the juvenile court is the responsible agency regarding the collection of a DNA specimen from the minor.</subsection><subsection number="53-10-404(5)(c)">If a minor described in Subsection <xref depth="4" refnumber="53-10-403(3)">53-10-403(3)</xref> is committed to the legal custody of the Division of Juvenile Justice and Youth Services upon an adjudication, the Division of Juvenile Justice and Youth Services is the responsible agency regarding the collection of a DNA specimen from the minor.</subsection><subsection number="53-10-404(5)(d)">The sheriff operating a county jail is the responsible agency regarding the collection of DNA specimens from persons who:<subsection number="53-10-404(5)(d)(i)">have pled guilty to or have been convicted of an offense listed under Subsection <xref depth="4" refnumber="53-10-403(2)">53-10-403(2)</xref> but who have not been committed to the custody of the Department of Corrections or are not under the supervision of the Division of Adult Probation and Parole created in Section <xref depth="3" refnumber="64-14-202">64-14-202</xref>;</subsection><subsection number="53-10-404(5)(d)(ii)">are incarcerated in the county jail:<subsection number="53-10-404(5)(d)(ii)(A)">as a condition of probation for a felony offense; or</subsection><subsection number="53-10-404(5)(d)(ii)(B)">for a misdemeanor offense for which collection of a DNA specimen is required;</subsection></subsection><subsection number="53-10-404(5)(d)(iii)">on and after January 1, 2011, through May 12, 2014, are booked at the county jail for any offense under Subsection <xref depth="4" refnumber="53-10-403(1)(c)">53-10-403(1)(c)</xref>; and</subsection><subsection number="53-10-404(5)(d)(iv)">are booked at the county jail:<subsection number="53-10-404(5)(d)(iv)(A)">by a law enforcement agency that is obtaining a DNA specimen for any felony offense on or after May 13, 2014, through December 31, 2014, under Subsection <xref depth="4" refnumber="53-10-404(4)(b)">53-10-404(4)(b)</xref>; or</subsection><subsection number="53-10-404(5)(d)(iv)(B)">on or after January 1, 2015, for any felony offense.</subsection></subsection></subsection><subsection number="53-10-404(5)(e)">Each agency required to collect a DNA specimen under this section shall:<subsection number="53-10-404(5)(e)(i)">designate employees to obtain the saliva DNA specimens required under this section; and</subsection><subsection number="53-10-404(5)(e)(ii)">ensure that employees designated to collect the DNA specimens receive appropriate training and that the specimens are obtained in accordance with generally accepted protocol.</subsection></subsection></subsection><subsection number="53-10-404(6)"><subsection number="53-10-404(6)(a)">As used in this Subsection <xref depth="4" refnumber="53-10-404(6)">(6)</xref>, "department" means the Department of Corrections.</subsection><subsection number="53-10-404(6)(b)">Priority of obtaining DNA specimens by the department is:<subsection number="53-10-404(6)(b)(i)">first, to obtain DNA specimens of persons who as of July 1, 2002, are in the custody of or under the supervision of the department before these persons are released from incarceration, parole, or probation, if their release date is prior to that of persons under Subsection <xref depth="4" refnumber="53-10-404(6)(b)(ii)">(6)(b)(ii)</xref>, but in no case later than July 1, 2004; and</subsection><subsection number="53-10-404(6)(b)(ii)">second, the department shall obtain DNA specimens from persons who are committed to the custody of the department or who are placed under the supervision of the department after July 1, 2002, within 120 days after the commitment, if possible, but not later than prior to release from incarceration if the person is imprisoned, or prior to the termination of probation if the person is placed on probation.</subsection></subsection><subsection number="53-10-404(6)(c)">The priority for obtaining DNA specimens from persons under Subsection <xref depth="4" refnumber="53-10-404(6)(b)(ii)">(6)(b)(ii)</xref> is:<subsection number="53-10-404(6)(c)(i)">first, persons on probation;</subsection><subsection number="53-10-404(6)(c)(ii)">second, persons on parole; and</subsection><subsection number="53-10-404(6)(c)(iii)">third, incarcerated persons.</subsection></subsection><subsection number="53-10-404(6)(d)">Implementation of the schedule of priority under Subsection <xref depth="4" refnumber="53-10-404(6)(c)">(6)(c)</xref> is subject to the priority of Subsection <xref depth="4" refnumber="53-10-404(6)(b)(i)">(6)(b)(i)</xref>, to ensure that the Department of Corrections obtains DNA specimens from persons in the custody of or under the supervision of the Department of Corrections as of July 1, 2002, prior to their release.</subsection></subsection><subsection number="53-10-404(7)"><subsection number="53-10-404(7)(a)">As used in this Subsection <xref depth="4" refnumber="53-10-404(7)">(7)</xref>:<subsection number="53-10-404(7)(a)(i)">"Court" means the juvenile court.</subsection><subsection number="53-10-404(7)(a)(ii)">"Division" means the Division of Juvenile Justice and Youth Services.</subsection></subsection><subsection number="53-10-404(7)(b)">Priority of obtaining DNA specimens by the court from minors under Section <xref depth="3" refnumber="53-10-403">53-10-403</xref> whose cases are under the jurisdiction of the court but who are not in the legal custody of the division shall be:<subsection number="53-10-404(7)(b)(i)">first, to obtain specimens from minors whose cases, as of July 1, 2002, are under the court's jurisdiction, before the court's jurisdiction over the minors' cases terminates; and</subsection><subsection number="53-10-404(7)(b)(ii)">second, to obtain specimens from minors whose cases are under the jurisdiction of the court after July 1, 2002, within 120 days of the minor's case being found to be within the court's jurisdiction, if possible, but no later than before the court's jurisdiction over the minor's case terminates.</subsection></subsection><subsection number="53-10-404(7)(c)">Priority of obtaining DNA specimens by the division from minors under Section <xref depth="3" refnumber="53-10-403">53-10-403</xref> who are committed to the legal custody of the division shall be:<subsection number="53-10-404(7)(c)(i)">first, to obtain specimens from minors who as of July 1, 2002, are within the division's legal custody and who have not previously provided a DNA specimen under this section, before termination of the division's legal custody of these minors; and</subsection><subsection number="53-10-404(7)(c)(ii)">second, to obtain specimens from minors who are placed in the legal custody of the division after July 1, 2002, within 120 days of the minor's being placed in the custody of the division, if possible, but no later than before the termination of the court's jurisdiction over the minor's case.</subsection></subsection></subsection><subsection number="53-10-404(8)"><subsection number="53-10-404(8)(a)">The Department of Corrections, the juvenile court, the Division of Juvenile Justice and Youth Services, and all law enforcement agencies in the state shall by policy establish procedures for obtaining saliva DNA specimens, and shall provide training for employees designated to collect saliva DNA specimens.</subsection><subsection number="53-10-404(8)(b)"><subsection number="53-10-404(8)(b)(i)">The department may designate correctional officers, including those employed by the Division of Adult Probation and Parole created in Section <xref depth="3" refnumber="64-14-202">64-14-202</xref>, to obtain the saliva DNA specimens required under this section.</subsection><subsection number="53-10-404(8)(b)(ii)">The department shall ensure that the designated employees receive appropriate training and that the specimens are obtained in accordance with accepted protocol.</subsection></subsection><subsection number="53-10-404(8)(c)">Blood DNA specimens shall be obtained in accordance with Section <xref depth="3" refnumber="53-10-405">53-10-405</xref>.</subsection></subsection></section><section number="53-10-404.5"><histories><history>Amended by Chapter <modchap sess="2025GS">319</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Obtaining DNA specimen at time of booking -- Payment of fee upon conviction.</catchline><subsection number="53-10-404.5(1)"><subsection number="53-10-404.5(1)(a)">When a sheriff books a person for any offense under Subsections <xref depth="4" refnumber="53-10-403(1)(c)" start="0">53-10-403(1)(c)</xref> and <xref depth="4" refnumber="53-10-403(1)(d)" start="0">(d)</xref>, the sheriff shall:<subsection number="53-10-404.5(1)(a)(i)">except as provided in Subsection <xref depth="4" refnumber="53-10-404.5(1)(b)" start="0">(1)(b)</xref>, obtain a DNA specimen from the person upon booking of the person at the county jail; and</subsection><subsection number="53-10-404.5(1)(a)(ii)">provide the person, in a manner the bureau specifies, notice of the process described in Subsection <xref depth="4" refnumber="53-10-406(6)(b)" start="0">53-10-406(6)(b)</xref> to request destruction of the DNA specimen and removal of the person's DNA record from the database described in Subsection <xref depth="4" refnumber="53-10-406(1)(d)" start="0">53-10-406(1)(d)</xref>.</subsection></subsection><subsection number="53-10-404.5(1)(b)">If at the time of booking the sheriff is able to obtain information from the bureau stating that the bureau has received a DNA specimen for the person and the sample analysis is either in process or complete, the sheriff is not required to obtain an additional DNA specimen.</subsection><subsection number="53-10-404.5(1)(c)">If at the time of booking the sheriff is able to obtain information from the bureau stating that the bureau has received a DNA specimen for the person and the sample analysis is pending, the sheriff may obtain an additional DNA specimen.</subsection></subsection><subsection number="53-10-404.5(2)">The person booked under Subsection <xref depth="4" refnumber="53-10-404.5(1)" start="0">(1)</xref> shall pay a fee of $150 for the cost of obtaining the DNA specimen if:<subsection number="53-10-404.5(2)(a)"><subsection number="53-10-404.5(2)(a)(i)">the charge upon which the booking is based is resolved by a conviction of a class A misdemeanor or felony level offense; or</subsection><subsection number="53-10-404.5(2)(a)(ii)">the person is convicted of any class A misdemeanor or felony level offense arising out of the same criminal episode regarding which the DNA specimen was obtained; and</subsection></subsection><subsection number="53-10-404.5(2)(b)">the person's DNA sample is not on file under Subsection <xref depth="4" refnumber="53-10-404.5(1)(b)" start="0">(1)(b)</xref>.</subsection></subsection><subsection number="53-10-404.5(3)"><subsection number="53-10-404.5(3)(a)">All fees collected under Subsection <xref depth="4" refnumber="53-10-404.5(2)" start="0">(2)</xref> shall be deposited into the DNA Specimen Restricted Account created in Section <xref depth="3" refnumber="53-10-407" start="0">53-10-407</xref>, except that the agency collecting the fee may retain not more than $25 per individual specimen for the costs of obtaining the DNA specimen.</subsection><subsection number="53-10-404.5(3)(b)">The agency collecting the $150 fee may not retain from each separate fee more than $25, and no amount of the $150 fee may be credited to any other fee or agency obligation.</subsection></subsection><subsection number="53-10-404.5(4)">Any DNA specimen obtained under this section shall be held and may not be processed until:<subsection number="53-10-404.5(4)(a)">the court has bound the person over for trial for a felony level offense following a preliminary hearing for any charge arising out of the same criminal episode regarding which the person was booked;</subsection><subsection number="53-10-404.5(4)(b)">the person has waived the preliminary hearing for any charge for a felony level offense arising out of the same criminal episode regarding which the person was booked;</subsection><subsection number="53-10-404.5(4)(c)">a grand jury has returned an indictment for any charge for a felony level offense arising out of the same criminal episode regarding which the person was booked; or</subsection><subsection number="53-10-404.5(4)(d)">for a DNA specimen obtained before, on, or after May 7, 2025, sixty days has passed after the day on which any warrant of arrest has been issued for the person if the warrant of arrest is still outstanding.</subsection></subsection></section><section number="53-10-405"><histories><history>Amended by Chapter <modchap sess="2025GS">340</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>DNA specimen analysis -- Saliva sample to be obtained by agency -- Blood sample to be drawn by professional.</catchline><subsection number="53-10-405(1)"><subsection number="53-10-405(1)(a)">A saliva sample shall be obtained by the responsible agency under Subsection <xref depth="4" refnumber="53-10-404(5)" start="0">53-10-404(5)</xref>.</subsection><subsection number="53-10-405(1)(b)">The sample shall be obtained in a professionally acceptable manner, using appropriate procedures to ensure the sample is adequate for DNA analysis.</subsection></subsection><subsection number="53-10-405(2)"><subsection number="53-10-405(2)(a)">A blood sample shall be drawn in a medically acceptable manner by any of the following:<subsection number="53-10-405(2)(a)(i)">a physician;</subsection><subsection number="53-10-405(2)(a)(ii)">a physician assistant;</subsection><subsection number="53-10-405(2)(a)(iii)">a registered nurse;</subsection><subsection number="53-10-405(2)(a)(iv)">a licensed practical nurse;</subsection><subsection number="53-10-405(2)(a)(v)">a paramedic;</subsection><subsection number="53-10-405(2)(a)(vi)">as provided in Subsection <xref depth="4" refnumber="53-10-405(2)(b)" start="0">(2)(b)</xref>, emergency medical service personnel other than paramedics; or</subsection><subsection number="53-10-405(2)(a)(vii)">a person with a valid permit issued by the Department of Public Safety under Section <xref depth="3" refnumber="53-2d-103">53-2d-103</xref>.</subsection></subsection><subsection number="53-10-405(2)(b)">The Department of Public Safety may designate by rule, in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, which emergency medical service personnel, as defined in Section <xref depth="3" refnumber="53-2d-101" start="0">53-2d-101</xref>, are authorized to draw blood under Subsection <xref depth="4" refnumber="53-10-405(2)(a)(vi)" start="0">(2)(a)(vi)</xref>, based on the type of license under Section <xref depth="3" refnumber="53-2d-402" start="0">53-2d-402</xref>.</subsection><subsection number="53-10-405(2)(c)">A person authorized by this section to draw a blood sample may not be held civilly liable for drawing a sample in a medically acceptable manner.</subsection></subsection><subsection number="53-10-405(3)">A test result or opinion based upon a test result regarding a DNA specimen may not be rendered inadmissible as evidence solely because of deviations from procedures adopted by the department that do not affect the reliability of the opinion or test result.</subsection><subsection number="53-10-405(4)">A DNA specimen is not required to be obtained if:<subsection number="53-10-405(4)(a)">the court or the responsible agency confirms with the department that the department has previously received an adequate DNA specimen obtained from the person in accordance with this section; or</subsection><subsection number="53-10-405(4)(b)">the court determines that obtaining a DNA specimen would create a substantial and unreasonable risk to the health of the person.</subsection></subsection></section><section number="53-10-406"><histories><history>Amended by Chapter <modchap sess="2025GS">319</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>DNA specimen analysis -- Bureau responsibilities.</catchline><subsection number="53-10-406(1)">The bureau shall:<subsection number="53-10-406(1)(a)">administer and oversee the DNA specimen collection process;</subsection><subsection number="53-10-406(1)(b)">store each DNA specimen and associated records received;</subsection><subsection number="53-10-406(1)(c)">analyze each specimen, or contract with a qualified public or private laboratory to analyze the specimen, to establish the genetic profile of the donor or to otherwise determine the identity of the person;</subsection><subsection number="53-10-406(1)(d)">maintain a criminal identification database containing information derived from DNA analysis;</subsection><subsection number="53-10-406(1)(e)">ensure that the DNA identification system does not provide information allowing prediction of genetic disease or predisposition to illness;</subsection><subsection number="53-10-406(1)(f)">ensure that only DNA markers routinely used or accepted in the field of forensic science are used to establish the gender and unique individual identification of the donor;</subsection><subsection number="53-10-406(1)(g)">utilize only those DNA analysis procedures that are consistent with, and do not exceed, procedures established and used by the Federal Bureau of Investigation for the forensic analysis of DNA;</subsection><subsection number="53-10-406(1)(h)">destroy a DNA specimen obtained under this part if criminal charges have not been filed within 90 days after booking for an alleged offense under Subsection <xref depth="4" refnumber="53-10-403(2)(c)">53-10-403(2)(c)</xref>; and</subsection><subsection number="53-10-406(1)(i)">make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing procedures for obtaining, transmitting, and analyzing DNA specimens and for storing and destroying DNA specimens and associated records, and criminal identification information obtained from the analysis.</subsection></subsection><subsection number="53-10-406(2)">Procedures for DNA analysis may include all techniques which the department determines are accurate and reliable in establishing identity.</subsection><subsection number="53-10-406(3)"><subsection number="53-10-406(3)(a)">In accordance with Section <xref depth="3" refnumber="63G-2-305">63G-2-305</xref>, each DNA specimen and associated record is classified as protected.</subsection><subsection number="53-10-406(3)(b)">The department may not transfer or disclose any DNA specimen, associated record, or criminal identification information obtained, stored, or maintained under this section, except under the provisions of this section.</subsection></subsection><subsection number="53-10-406(4)">Notwithstanding Subsection <xref depth="4" refnumber="63G-2-202(1)">63G-2-202(1)</xref>, the department may deny inspection if the department determines that there is a reasonable likelihood that the inspection would prejudice a pending criminal investigation.</subsection><subsection number="53-10-406(5)">The department shall adopt procedures governing the inspection of records, DNA specimens, and challenges to the accuracy of records. The procedures shall accommodate the need to preserve the materials from contamination and destruction.</subsection><subsection number="53-10-406(6)">A person whose DNA specimen is obtained under this part may, personally or through a legal representative, submit:<subsection number="53-10-406(6)(a)">to the court a motion for a court order requiring the destruction of the person's DNA specimen, associated record, and any criminal identification record created in connection with that specimen, and removal of the person's DNA record from the database described in Subsection (1)(d) if:<subsection number="53-10-406(6)(a)(i)">a final judgment reverses the conviction, judgment, or order that created an obligation to provide a DNA specimen; or</subsection><subsection number="53-10-406(6)(a)(ii)">all charges arising from the same criminal episode for which the DNA specimen was obtained under Subsection <xref depth="4" refnumber="53-10-404.5(1)(a)">53-10-404.5(1)(a)</xref> have been resolved by a final judgment of dismissal with prejudice or acquittal; or</subsection></subsection><subsection number="53-10-406(6)(b)">to the department a request for the destruction of the person's DNA specimen, and associated record, and removal of the person's DNA record from the database described in Subsection (1)(d) if:<subsection number="53-10-406(6)(b)(i)">no charge arising from the same criminal episode for which the DNA specimen was obtained under Subsection <xref depth="4" refnumber="53-10-404.5(1)(a)">53-10-404.5(1)(a)</xref> is filed against the person within one year after the day on which the person is booked; or</subsection><subsection number="53-10-406(6)(b)(ii)">all charges arising from the same criminal episode for which the DNA specimen was obtained under Subsection <xref depth="4" refnumber="53-10-404.5(1)(a)">53-10-404.5(1)(a)</xref> have been resolved by a final judgment of dismissal with prejudice or acquittal.</subsection></subsection></subsection><subsection number="53-10-406(7)">If charges have been filed against a person whose DNA specimen is obtained under this part and the charges have later been resolved by a final judgment of dismissal with prejudice or acquittal, or a final judgment is issued reversing a conviction, judgment, or other order arising from the charges that created an obligation to provide a DNA specimen, the prosecutor who filed the charges against the person shall notify the person of the process described in Subsection (6) to request destruction of the DNA specimen and removal of the person's DNA record from the database described in Subsection (1)(d).</subsection><subsection number="53-10-406(8)">A court order issued under Subsection (6)(a) may be accompanied by a written notice to the person advising that state law provides for expungement of criminal charges if the charge is resolved by a final judgment of dismissal or acquittal.</subsection><subsection number="53-10-406(9)">The department shall destroy the person's DNA specimen, and associated record, and remove the person's DNA record from the database described in Subsection (1)(d), if:<subsection number="53-10-406(9)(a)">the person provides the department with:<subsection number="53-10-406(9)(a)(i)">a court order for destruction described in Subsection (6)(a), and a certified copy of:<subsection number="53-10-406(9)(a)(i)(A)">the court order reversing the conviction, judgment, or order;</subsection><subsection number="53-10-406(9)(a)(i)(B)">a court order to set aside the conviction; or</subsection><subsection number="53-10-406(9)(a)(i)(C)">the dismissal or acquittal of the charge regarding which the person was arrested; or</subsection></subsection><subsection number="53-10-406(9)(a)(ii)">a written request for destruction of the DNA specimen, and associated record, and removal of the DNA record from the database described in Subsection (6)(b), and a certified copy of:<subsection number="53-10-406(9)(a)(ii)(A)">a declination to prosecute from the prosecutor; or</subsection><subsection number="53-10-406(9)(a)(ii)(B)">a court document that indicates all charges have been resolved by a final judgment of dismissal with prejudice or acquittal; and</subsection></subsection></subsection><subsection number="53-10-406(9)(b)">the department determines that the person is not obligated to submit a DNA specimen as a result of a separate conviction or adjudication for an offense listed in Subsection <xref depth="4" refnumber="53-10-403(2)">53-10-403(2)</xref>.</subsection></subsection><subsection number="53-10-406(10)">The department may not destroy a person's DNA specimen or remove a person's DNA record from the database described in Subsection (1)(d) if the person has a prior conviction or a pending charge for which collection of a sample is authorized in accordance with Section <xref depth="3" refnumber="53-10-404">53-10-404</xref>.</subsection><subsection number="53-10-406(11)">A DNA specimen, associated record, or criminal identification record created in connection with that specimen may not be affected by an order to set aside a conviction, except under the provisions of this section.</subsection><subsection number="53-10-406(12)">If funding is not available for analysis of any of the DNA specimens collected under this part, the bureau shall store the collected specimens until funding is made available for analysis through state or federal funds.</subsection><subsection number="53-10-406(13)"><subsection number="53-10-406(13)(a)"><subsection number="53-10-406(13)(a)(i)">A person who, due to the person's employment or authority, has possession of or access to individually identifiable DNA information contained in the state criminal identification database or the state DNA specimen repository may not willfully disclose the information in any manner to any individual, agency, or entity that is not entitled under this part to receive the information.</subsection><subsection number="53-10-406(13)(a)(ii)">A person may not willfully obtain individually identifiable DNA information from the state criminal identification database or the state DNA repository other than as authorized by this part.</subsection><subsection number="53-10-406(13)(a)(iii)">A person may not willfully analyze a DNA specimen for any purpose, or to obtain any information other than as required under this part.</subsection><subsection number="53-10-406(13)(a)(iv)">A person may not willfully fail to destroy or fail to ensure the destruction of a DNA specimen when destruction is required by this part or by court order.</subsection></subsection><subsection number="53-10-406(13)(b)"><subsection number="53-10-406(13)(b)(i)">A person who violates Subsection (13)(a)(i), (ii), or (iii) is guilty of a third degree felony.</subsection><subsection number="53-10-406(13)(b)(ii)">A person who violates Subsection (13)(a)(iv) is guilty of a class B misdemeanor.</subsection></subsection></subsection></section><section number="53-10-407"><histories><history>Amended by Chapter <modchap sess="2024GS">240</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>DNA Specimen Restricted Account.</catchline><subsection number="53-10-407(1)">There is created the DNA Specimen Restricted Account, which is referred to in this section as "the account."</subsection><subsection number="53-10-407(2)">The sources of money for the account are:<subsection number="53-10-407(2)(a)">DNA collection fees paid under Section <xref depth="3" refnumber="53-10-404">53-10-404</xref>;</subsection><subsection number="53-10-407(2)(b)">any appropriations made to the account by the Legislature; and</subsection><subsection number="53-10-407(2)(c)">all federal money provided to the state for the purpose of funding the collection or analysis of DNA specimens collected under Section <xref depth="3" refnumber="53-10-403">53-10-403</xref>.</subsection></subsection><subsection number="53-10-407(3)">The account shall earn interest, and this interest shall be deposited in the account.</subsection><subsection number="53-10-407(4)">The Legislature may appropriate money from the account solely for the following purposes:<subsection number="53-10-407(4)(a)">to the Department of Corrections for the costs of collecting DNA specimens as required under Section <xref depth="3" refnumber="53-10-403">53-10-403</xref>;</subsection><subsection number="53-10-407(4)(b)">to the juvenile court for the costs of collecting DNA specimens as required under Sections <xref depth="3" refnumber="53-10-403">53-10-403</xref> and <xref depth="3" refnumber="80-6-608">80-6-608</xref>;</subsection><subsection number="53-10-407(4)(c)">to the Division of Juvenile Justice and Youth Services for the costs of collecting DNA specimens as required under Sections <xref depth="3" refnumber="53-10-403">53-10-403</xref> and <xref depth="3" refnumber="80-5-201">80-5-201</xref>; and</subsection><subsection number="53-10-407(4)(d)">to the Department of Public Safety for the costs of:<subsection number="53-10-407(4)(d)(i)">storing and analyzing DNA specimens in accordance with the requirements of this part;</subsection><subsection number="53-10-407(4)(d)(ii)">DNA testing which cannot be performed by the Utah State Crime Lab, as provided in Subsection <xref depth="4" refnumber="78B-9-301(7)">78B-9-301(7)</xref>; and</subsection><subsection number="53-10-407(4)(d)(iii)">reimbursing sheriffs for collecting the DNA specimens as provided under Sections <xref depth="3" refnumber="53-10-404">53-10-404</xref> and <xref depth="3" refnumber="53-10-404.5">53-10-404.5</xref>.</subsection></subsection></subsection><subsection number="53-10-407(5)">Appropriations from the account to the Department of Corrections, the juvenile court, the Division of Juvenile Justice and Youth Services, and to the Department of Public Safety are nonlapsing.</subsection></section></part><part number="53-10-5"><catchline>Bureau of Communications</catchline><section number="53-10-501"><histories><history>Enacted by Chapter <modchap sess="1998GS">263</modchap>, 1998 General Session</history><modyear>1998</modyear></histories><catchline>Bureau of Communications -- Creation -- Bureau Chief appointment, qualifications, and compensation.</catchline><subsection number="53-10-501(1)"> There is created within the division the Bureau of Communications.</subsection><subsection number="53-10-501(2)"> The bureau shall be managed by a bureau chief selected by the division director, with the approval of the commissioner.</subsection><subsection number="53-10-501(3)"> The bureau chief should be experienced in communications and administration, and possess additional qualifications as determined by the commissioner or division director and as provided by law.</subsection><subsection number="53-10-501(4)"> The bureau chief acts under the supervision and control of the division director.</subsection></section><section number="53-10-502"><histories><history>Amended by Chapter <modchap sess="1999GS">21</modchap>, 1999 General Session</history><modyear>1999</modyear></histories><catchline>Bureau duties.</catchline><tab/>The bureau:<subsection number="53-10-502(1)"> maintains dispatch and communications services for regional public safety consolidated communications centers;</subsection><subsection number="53-10-502(2)"> provides facilities and acts as a public safety answering point to answer and respond to 911 calls from a region;</subsection><subsection number="53-10-502(3)"> provides professional emergency dispatch and communications support for law enforcement, emergency medical, fire suppression, highway maintenance, public works, and public safety agencies representing municipal, county, state, and federal governments; and</subsection><subsection number="53-10-502(4)"> coordinates incident response.</subsection></section></part><part number="53-10-7"><catchline>Utah Silver Alert Act</catchline><section number="53-10-701"><histories><history>Enacted by Chapter <modchap sess="2019GS">54</modchap>, 2019 General Session</history><modyear>2019</modyear></histories><catchline>Title -- Creation.</catchline><subsection number="53-10-701(1)"> This part is known as the "Utah Silver Alert Act."</subsection><subsection number="53-10-701(2)"> There is created the Utah Silver Alert Notification System (Silver Alert) for missing and endangered adults to be administered by the department.</subsection></section><section number="53-10-702"><histories><history>Enacted by Chapter <modchap sess="2019GS">54</modchap>, 2019 General Session</history><modyear>2019</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="53-10-702(1)"> "Dementia" means a person has a form of cognitive decline that significantly affects the person's ability to make decisions and provide for health, safety, or self care. This term includes Alzheimer's disease and other forms of dementia marked by the continual loss of memory and awareness of surroundings.</subsection><subsection number="53-10-702(2)"> "Endangered adult" means a person 60 years of age or older or a person under 60 years of age who has a form of dementia.</subsection></section><section number="53-10-703"><histories><history>Enacted by Chapter <modchap sess="2019GS">54</modchap>, 2019 General Session</history><modyear>2019</modyear></histories><catchline>Silver Alert Notification System -- Law enforcement and department responsibilities.</catchline><subsection number="53-10-703(1)"> The department shall develop a quick response system designed to issue and coordinate alerts following the report of a missing endangered adult. The system shall utilize the same coordination as the Amber Alert System with the following exceptions: <subsection number="53-10-703(1)(a)"> the National Emergency Broadcast System may not be activated; and</subsection><subsection number="53-10-703(1)(b)"> notification to the Department of Transportation for the activation of highway signage shall indicate the specific area in which the person was last seen so that signs only in that geographical area will be activated.</subsection></subsection><subsection number="53-10-703(2)"> Upon receiving a report of a missing adult, the law enforcement officer shall determine whether the missing adult meets the criteria to be designated as an endangered adult.</subsection><subsection number="53-10-703(3)"> If it is determined that the missing adult is an endangered adult, the officer investigating the person's disappearance shall request the department activate the Silver Alert Notification System.</subsection></section><section number="53-10-704"><histories><history>Enacted by Chapter <modchap sess="2019GS">54</modchap>, 2019 General Session</history><modyear>2019</modyear></histories><catchline>Rulemaking authority.</catchline><tab/>The department shall make rules in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, establishing policies, procedures, and a timeline for the:<subsection number="53-10-704(1)"> request for a Silver Alert by a law enforcement officer or agency;</subsection><subsection number="53-10-704(2)"> activation of the Silver Alert Notification System;</subsection><subsection number="53-10-704(3)"> duration of the Silver Alert; and</subsection><subsection number="53-10-704(4)"> cancellation of a Silver Alert.</subsection></section></part><part number="53-10-8"><catchline>HIV Testing - Sexual Offenders and Victims</catchline><section number="53-10-801"><enddate type="SC">1/1/2027</enddate><histories><history>Amended by Chapter <modchap sess="2025GS">173</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Definitions.</catchline><tab/>For purposes of this part:<subsection number="53-10-801(1)">"Alleged sexual offender" means an individual or a minor regarding whom an indictment, petition, or an information has been filed or an arrest has been made alleging the commission of a sexual offense or an attempted sexual offense and regarding which:<subsection number="53-10-801(1)(a)">a judge has signed an accompanying arrest warrant, pickup order, or any other order based upon probable cause regarding the alleged offense; and</subsection><subsection number="53-10-801(1)(b)">the judge has found probable cause to believe that the alleged victim has been exposed to conduct or activities that may result in an HIV infection as a result of the alleged offense.</subsection></subsection><subsection number="53-10-801(2)">"Department of Health and Human Services" means the Department of Health and Human Services created in Section <xref depth="3" refnumber="26B-1-201" start="0">26B-1-201</xref>.</subsection><subsection number="53-10-801(3)">"HIV infection" means an indication of Human Immunodeficiency Virus (HIV) infection determined by current medical standards and detected by any of the following:<subsection number="53-10-801(3)(a)">presence of antibodies to HIV, verified by a positive "confirmatory" test, such as Western blot or other method approved by the Utah State Health Laboratory. Western blot interpretation will be based on criteria currently recommended by the Association of State and Territorial Public Health Laboratory Directors;</subsection><subsection number="53-10-801(3)(b)">presence of HIV antigen;</subsection><subsection number="53-10-801(3)(c)">isolation of HIV; or</subsection><subsection number="53-10-801(3)(d)">demonstration of HIV proviral DNA.</subsection></subsection><subsection number="53-10-801(4)">"HIV positive individual" means an individual who is HIV positive as determined by the State Health Laboratory.</subsection><subsection number="53-10-801(5)">"Local department of health" means a local health department as defined in Section <xref depth="3" refnumber="26A-1-102" start="0">26A-1-102</xref>.</subsection><subsection number="53-10-801(6)">"Minor" means an individual younger than 18 years old.</subsection><subsection number="53-10-801(7)">"Positive" means an indication of the HIV infection as defined in Subsection <xref depth="4" refnumber="53-10-801(3)" start="0">(3)</xref>.</subsection><subsection number="53-10-801(8)"><subsection number="53-10-801(8)(a)">"Sexual offense" means a violation of any offense under <xref depth="2" refnumber="76-5-4" start="0">Title 76, Chapter 5, Part 4, Sexual Offenses</xref>.</subsection><subsection number="53-10-801(8)(b)">"Sexual offense" does not include a violation of Section <xref depth="3" refnumber="76-5-417">76-5-417</xref>, <xref depth="3" refnumber="76-5-418">76-5-418</xref>, <xref depth="3" refnumber="76-5-419">76-5-419</xref>, or <xref depth="3" refnumber="76-5-420">76-5-420</xref>.</subsection></subsection><subsection number="53-10-801(9)">"Test" or "testing" means a test or tests for HIV infection conducted by and in accordance with standards recommended by the Department of Health and Human Services.</subsection></section><section number="53-10-801"><effdate>1/1/2027</effdate><histories><history>Amended by Chapter <modchap sess="2026GS">445</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="53-10-801(1)">"Alleged sexual offender" means an individual or a minor regarding whom an indictment, petition, or an information has been filed or an arrest has been made alleging the commission of a sexual offense or an attempted sexual offense and regarding which:<subsection number="53-10-801(1)(a)">a judge has signed an accompanying arrest warrant, pickup order, or any other order based upon probable cause regarding the alleged offense; and</subsection><subsection number="53-10-801(1)(b)">the judge has found probable cause to believe that the alleged victim has been exposed to conduct or activities that may result in an HIV infection as a result of the alleged offense.</subsection></subsection><subsection number="53-10-801(2)">"Department of Health and Human Services" means the Department of Health and Human Services created in Section <xref depth="3" refnumber="26B-1-201" start="0">26B-1-201</xref>.</subsection><subsection number="53-10-801(3)">"HIV infection" means an indication of Human Immunodeficiency Virus (HIV) infection determined by current medical standards and detected by any of the following:<subsection number="53-10-801(3)(a)">presence of antibodies to HIV, verified by a positive "confirmatory" test, such as Western blot or other method approved by the Utah State Health Laboratory. Western blot interpretation will be based on criteria currently recommended by the Association of State and Territorial Public Health Laboratory Directors;</subsection><subsection number="53-10-801(3)(b)">presence of HIV antigen;</subsection><subsection number="53-10-801(3)(c)">isolation of HIV; or</subsection><subsection number="53-10-801(3)(d)">demonstration of HIV proviral DNA.</subsection></subsection><subsection number="53-10-801(4)">"HIV positive individual" means an individual who is HIV positive as determined by the State Health Laboratory.</subsection><subsection number="53-10-801(5)">"Local department of health" means a local health department as defined in Section <xref depth="3" refnumber="26A-1-102" start="0">26A-1-102</xref>.</subsection><subsection number="53-10-801(6)">"Minor" means an individual younger than 18 years old.</subsection><subsection number="53-10-801(7)">"Positive" means an indication of the HIV infection as defined in Subsection <xref depth="4" refnumber="53-10-801(3)" start="0">(3)</xref>.</subsection><subsection number="53-10-801(8)"><subsection number="53-10-801(8)(a)">"Sexual offense" means a violation of any offense under <xref depth="2" refnumber="76-5-4" start="0">Title 76, Chapter 5, Part 4, Sexual Offenses</xref>.</subsection><subsection number="53-10-801(8)(b)">"Sexual offense" does not include a violation of Section <xref depth="3" refnumber="76-5-417">76-5-417</xref> or <xref depth="3" refnumber="76-5-418">76-5-418</xref>.</subsection></subsection><subsection number="53-10-801(9)">"Test" or "testing" means a test or tests for HIV infection conducted by and in accordance with standards recommended by the Department of Health and Human Services.</subsection></section><section number="53-10-802"><histories><history>Amended by Chapter <modchap sess="2023GS">328</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Request for testing -- Mandatory testing -- Liability for costs.</catchline><subsection number="53-10-802(1)"><subsection number="53-10-802(1)(a)"> An alleged victim of a sexual offense, the parent or guardian of an alleged victim who is a minor, or the guardian of an alleged victim who is a vulnerable adult as defined in Section <xref depth="3" refnumber="26B-6-201" start="0">26B-6-201</xref> may request that the alleged sexual offender against whom the indictment, information, or petition is filed or regarding whom the arrest has been made be tested to determine whether the alleged offender is an HIV positive individual.</subsection><subsection number="53-10-802(1)(b)"> If the alleged victim under Subsection <xref depth="4" refnumber="53-10-802(1)(a)" start="0">(1)(a)</xref> has requested that the alleged offender be tested, the alleged offender shall submit to being tested not later than 48 hours after an information or indictment is filed or an order requiring a test is signed.</subsection><subsection number="53-10-802(1)(c)"> If the alleged victim under Subsection <xref depth="4" refnumber="53-10-802(1)(a)" start="0">(1)(a)</xref> requests that the alleged offender be tested more than 48 hours after an information or indictment is filed, the offender shall submit to being tested not later than 24 hours after the request is made.</subsection><subsection number="53-10-802(1)(d)"> As soon as practicable, the results of the test conducted pursuant to this section shall be provided to:<subsection number="53-10-802(1)(d)(i)"> the alleged victim who requested the test;</subsection><subsection number="53-10-802(1)(d)(ii)"> the parent or guardian of the alleged victim, if the alleged victim is a minor;</subsection><subsection number="53-10-802(1)(d)(iii)"> the legal guardian of the alleged victim if the victim is a vulnerable adult as defined in Section <xref depth="3" refnumber="26B-6-201" start="0">26B-6-201</xref>;</subsection><subsection number="53-10-802(1)(d)(iv)"> the alleged offender; and</subsection><subsection number="53-10-802(1)(d)(v)"> the parent or legal guardian of the alleged offender, if the offender is a minor.</subsection></subsection><subsection number="53-10-802(1)(e)"> If follow-up testing is medically indicated, the results of follow-up testing of the alleged offender shall be sent as soon as practicable to:<subsection number="53-10-802(1)(e)(i)"> the alleged victim;</subsection><subsection number="53-10-802(1)(e)(ii)"> the parent or guardian of the alleged victim if the alleged victim is a minor;</subsection><subsection number="53-10-802(1)(e)(iii)"> the legal guardian of the alleged victim, if the victim is a vulnerable adult as defined in Section <xref depth="3" refnumber="26B-6-201" start="0">26B-6-201</xref>;</subsection><subsection number="53-10-802(1)(e)(iv)"> the alleged offender; and</subsection><subsection number="53-10-802(1)(e)(v)"> the parent or legal guardian of the alleged offender, if the alleged offender is a minor.</subsection></subsection></subsection><subsection number="53-10-802(2)"> If the mandatory test has not been conducted, and the alleged offender or alleged minor offender is already confined in a county jail, state prison, or a secure youth corrections facility, the alleged offender shall be tested while in confinement.</subsection><subsection number="53-10-802(3)"><subsection number="53-10-802(3)(a)"> The secure youth corrections facility or county jail shall cause the blood specimen of the alleged offender under Subsection <xref depth="4" refnumber="53-10-802(1)" start="0">(1)</xref> confined in that facility to be taken and shall forward the specimen to:<subsection number="53-10-802(3)(a)(i)"> the Department of Health and Human Services; or</subsection><subsection number="53-10-802(3)(a)(ii)"> an alternate testing facility, as determined by the secure youth corrections facility or county jail, if testing under Subsection <xref depth="4" refnumber="53-10-802(3)(a)(i)" start="0">(3)(a)(i)</xref> is unavailable.</subsection></subsection><subsection number="53-10-802(3)(b)"> The entity that receives the specimen under Subsection <xref depth="4" refnumber="53-10-802(3)(a)" start="0">(3)(a)</xref> shall provide the result to the prosecutor as soon as practicable for release to the parties as described in Subsection <xref depth="4" refnumber="53-10-802(1)(d)" start="0">(1)(d)</xref> or <xref depth="4" refnumber="53-10-802(1)(e)" start="0">(e)</xref>.</subsection></subsection><subsection number="53-10-802(4)"> The Department of Corrections shall cause the blood specimen of the alleged offender defined in Subsection <xref depth="4" refnumber="53-10-802(1)" start="0">(1)</xref> confined in any state prison to be taken and shall forward the specimen to the Department of Health and Human Services as provided in Section <xref depth="3" refnumber="64-13-36" start="0">64-13-36</xref>.</subsection><subsection number="53-10-802(5)"> The alleged offender who is tested is responsible upon conviction for the costs of testing, unless the alleged offender is indigent. The costs will then be paid by the Department of Health and Human Services from the General Fund.</subsection></section><section number="53-10-803"><histories><history>Amended by Chapter <modchap sess="2026GS">291</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Voluntary testing -- Victim to request -- Costs paid by Office for Victims of Crime.</catchline><subsection number="53-10-803(1)">A victim or minor victim of a sexual offense may request a test for the HIV infection.</subsection><subsection number="53-10-803(2)"><subsection number="53-10-803(2)(a)">The local health department shall obtain the blood specimen from the victim and forward the specimen to the Department of Health and Human Services.</subsection><subsection number="53-10-803(2)(b)">The Department of Health and Human Services shall analyze the specimen of the victim.</subsection></subsection><subsection number="53-10-803(3)"><subsection number="53-10-803(3)(a)">The testing shall consist of a base-line test of the victim at the time immediately or as soon as possible after the alleged occurrence of the sexual offense.</subsection><subsection number="53-10-803(3)(b)">If the base-line test result is not positive, follow-up testing shall occur at three months and six months after the alleged occurrence of the sexual offense.</subsection></subsection><subsection number="53-10-803(4)">The Crime Victim Compensation Fund shall pay for the costs of the victim testing if the victim provides a substantiated claim of the sexual offense, does not test HIV positive at the base-line testing phase, and complies with eligibility criteria established by the Office for Victims of Crime.</subsection></section><section number="53-10-804"><histories><history>Amended by Chapter <modchap sess="2023GS">328</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Victim notification and counseling.</catchline><subsection number="53-10-804(1)"><subsection number="53-10-804(1)(a)"> The Department of Health of Human Services shall provide the victim who requests testing of the alleged sexual offender's human immunodeficiency virus status counseling regarding HIV disease and referral for appropriate health care and support services.</subsection><subsection number="53-10-804(1)(b)"> If the local health department in whose jurisdiction the victim resides and the Department of Health and Human Services agree, the Department of Health and Human Services shall forward a report of the alleged sexual offender's human immunodeficiency virus status to the local health department and the local health department shall provide the victim who requests the test with the test results, counseling regarding HIV disease, and referral for appropriate health care and support services.</subsection></subsection><subsection number="53-10-804(2)"> Notwithstanding the provisions of Section <xref depth="3" refnumber="26B-7-217" start="0">26B-7-217</xref>, the Department of Health and Human Services and a local health department acting pursuant to an agreement made under Subsection <xref depth="4" refnumber="53-10-804(1)" start="0">(1)</xref> may disclose to the victim the results of the alleged sexual offender's human immunodeficiency virus status as provided in this section.</subsection></section></part><part number="53-10-9"><catchline>Sexual Assault Kit Processing Act</catchline><section number="53-10-901"><histories><history>Renumbered and Amended by Chapter <modchap sess="2022GS">430</modchap>, 2022 General Session</history><modyear>2022</modyear></histories><catchline>Title.</catchline><tab/>This part is known as the "Sexual Assault Kit Processing Act."</section><section number="53-10-902"><histories><history>Amended by Chapter <modchap sess="2024GS">164</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="53-10-902(1)">"Collecting facility" means a hospital, health care facility, or other facility that performs sexual assault examinations.</subsection><subsection number="53-10-902(2)">"Department" means the Department of Public Safety.</subsection><subsection number="53-10-902(3)">"Restricted kit" means a sexual assault kit:<subsection number="53-10-902(3)(a)">that is collected by a collecting facility; and</subsection><subsection number="53-10-902(3)(b)">for which a victim who is 18 years old or older at the time of the sexual assault kit evidence collection declines:<subsection number="53-10-902(3)(b)(i)">to have his or her sexual assault kit processed; and</subsection><subsection number="53-10-902(3)(b)(ii)">to have the sexual assault examination form shared with any entity outside of the collection facility.</subsection></subsection></subsection><subsection number="53-10-902(4)">"Sexual assault kit" means a package of items that is used by medical personnel to gather and preserve biological and physical evidence following an allegation of a sexual offense.</subsection><subsection number="53-10-902(5)">"Sexual offense" means the same as that term is defined in Section <xref depth="3" refnumber="77-37-2">77-37-2</xref>.</subsection><subsection number="53-10-902(6)">"Trauma-informed, victim-centered" means policies, procedures, programs, and practices that:<subsection number="53-10-902(6)(a)">have demonstrated an ability to minimize retraumatization associated with the criminal justice process by recognizing the presence of trauma symptoms and acknowledging the role that trauma has played in the life of a victim; and</subsection><subsection number="53-10-902(6)(b)">encourage law enforcement officers to interact with victims with compassion and sensitivity in a nonjudgmental manner.</subsection></subsection><subsection number="53-10-902(7)">"Victim" means an individual against whom a sexual offense has been committed or allegedly been committed.</subsection></section><section number="53-10-903"><histories><history>Renumbered and Amended by Chapter <modchap sess="2022GS">430</modchap>, 2022 General Session</history><modyear>2022</modyear></histories><catchline>All sexual assault kits to be submitted.</catchline><subsection number="53-10-903(1)"> Except as provided in Subsection <xref depth="4" refnumber="53-10-904(5)" start="0">53-10-904(5)</xref>, beginning July 1, 2018, all sexual assault kits received by law enforcement agencies shall be submitted to the Utah Bureau of Forensic Services in accordance with the provisions of this part.</subsection><subsection number="53-10-903(2)"> The Utah Bureau of Forensic Services shall test all sexual assault kits that the bureau receives with the goal of developing autosomal DNA profiles that are eligible for entry into the Combined DNA Index System.</subsection><subsection number="53-10-903(3)"><subsection number="53-10-903(3)(a)"> The testing of all sexual assault kits shall be completed within a specified amount of time, as determined by administrative rule consistent with the provisions of this part.</subsection><subsection number="53-10-903(3)(b)"> The ability of the Utah Bureau of Forensic Services to meet the established time frames may be dependent upon the following factors:<subsection number="53-10-903(3)(b)(i)"> the number of sexual assault kits that the Utah Bureau of Forensic Services receives;</subsection><subsection number="53-10-903(3)(b)(ii)"> the technology available and improved testing methods;</subsection><subsection number="53-10-903(3)(b)(iii)"> fully trained and dedicated staff to meet the full workload needs of the Utah Bureau of Forensic Services; and</subsection><subsection number="53-10-903(3)(b)(iv)"> the number of lab requests received relating to other crime categories.</subsection></subsection></subsection></section><section number="53-10-904"><histories><history>Renumbered and Amended by Chapter <modchap sess="2022GS">430</modchap>, 2022 General Session</history><modyear>2022</modyear></histories><catchline>Sexual assault kit processing -- Restricted kits.</catchline><subsection number="53-10-904(1)"> Unless the health care provider designates a sexual assault kit as a restricted kit, the collecting facility shall enter the required victim information into the statewide sexual assault kit tracking system, defined in Section <xref depth="3" refnumber="53-10-907" start="0">53-10-907</xref>, within 24 hours of performing a sexual assault examination.</subsection><subsection number="53-10-904(2)"> A restricted kit may only be designated as a restricted kit: <subsection number="53-10-904(2)(a)"> by a health care provider; and</subsection><subsection number="53-10-904(2)(b)"> at the time of collection.</subsection></subsection><subsection number="53-10-904(3)"> Each sexual assault kit collected by medical personnel shall be taken into custody by a law enforcement agency as soon as possible and within one business day of notice from the collecting facility.</subsection><subsection number="53-10-904(4)"> The law enforcement agency that receives a sexual assault kit shall enter the required information into the statewide sexual assault kit tracking system, provided in Section <xref depth="3" refnumber="53-10-907" start="0">53-10-907</xref>, within five business days of receiving a sexual assault kit from a collecting facility.</subsection><subsection number="53-10-904(5)"> Each sexual assault kit received by a law enforcement agency from a collecting facility that relates to an incident that occurred outside of the jurisdiction of the law enforcement agency shall be transferred to the law enforcement agency with jurisdiction over the incident within 10 days of learning that another law enforcement agency has jurisdiction.</subsection><subsection number="53-10-904(6)"><subsection number="53-10-904(6)(a)"> Except for restricted kits, each sexual assault kit shall be submitted to the Utah Bureau of Forensic Services as soon as possible, but no later than 30 days after receipt by a law enforcement agency.</subsection><subsection number="53-10-904(6)(b)"> Restricted kits may not be submitted to the Utah Bureau of Forensic Services.</subsection><subsection number="53-10-904(6)(c)"> Restricted kits shall be maintained by the law enforcement agency with jurisdiction, in accordance with the provisions of this part.</subsection><subsection number="53-10-904(6)(d)"> A restricted kit may be changed to an unrestricted kit if the victim informs the designated law enforcement agency that he or she wants to have the sexual assault kit processed and agrees to release of the sexual assault examination form with the sexual assault kit. Once a victim indicates that he or she wants the sexual assault kit processed:<subsection number="53-10-904(6)(d)(i)"> the kit may no longer be classified as restricted; and</subsection><subsection number="53-10-904(6)(d)(ii)"> the kit shall be transmitted to the Utah Bureau of Forensic Services as soon as possible, but no later than 30 days after the victim chooses to unrestrict his or her kit with law enforcement.</subsection></subsection></subsection><subsection number="53-10-904(7)"> If available, a suspect standard or a consensual partner elimination standard shall be submitted to the Utah Bureau of Forensic Services: <subsection number="53-10-904(7)(a)"> with the sexual assault kit, if available, at the time the sexual assault kit is submitted; or</subsection><subsection number="53-10-904(7)(b)"> as soon as possible, but no later than 30 days from the date the kit was obtained by the law enforcement agency, if not obtained until after the sexual assault kit is submitted.</subsection></subsection><subsection number="53-10-904(8)"> Failure to meet a deadline established in this part or as part of any rules established by the department is not a basis for dismissal of a criminal action or a bar to the admissibility of the evidence in a criminal action.</subsection></section><section number="53-10-905"><histories><history>Repealed and Re-enacted by Chapter <modchap sess="2024GS">164</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Sexual assault kit retention and disposal -- Notification.</catchline><subsection number="53-10-905(1)">As used in this section:<subsection number="53-10-905(1)(a)">"Agency" means the same as that term is defined in Section <xref depth="3" refnumber="77-11a-101">77-11a-101</xref>.</subsection><subsection number="53-10-905(1)(b)">"Agency" includes an evidence collecting or retaining entity as defined in Section <xref depth="3" refnumber="77-11c-101">77-11c-101</xref>.</subsection></subsection><subsection number="53-10-905(2)">An agency with custody of a sexual assault kit shall preserve the sexual assault kit in accordance with Title 77, Chapter 11c, Retention of Evidence.</subsection><subsection number="53-10-905(3)">An agency shall send a notice to a victim that the agency intends to dispose of a sexual assault kit if:<subsection number="53-10-905(3)(a)">the agency intends to dispose of the sexual assault kit before the applicable time period described in Section <xref depth="3" refnumber="77-11c-201">77-11c-201</xref>, <xref depth="3" refnumber="77-11c-301">77-11c-301</xref>, or <xref depth="3" refnumber="77-11c-401">77-11c-401</xref> expires; and</subsection><subsection number="53-10-905(3)(b)">the victim provided a written request to the agency investigating the sexual offense that the victim receive notice of when the agency intends to dispose of the sexual assault kit.</subsection></subsection><subsection number="53-10-905(4)">An agency shall send a notice of intent to dispose of a sexual assault kit to the victim:<subsection number="53-10-905(4)(a)">at least 180 days before the day on which the agency intends to dispose of the sexual assault kit; and</subsection><subsection number="53-10-905(4)(b)">by certified mail, return receipt requested, or a delivery service that provides proof of delivery.</subsection></subsection><subsection number="53-10-905(5)">If a victim receives a notice of intent to dispose of a sexual assault kit, the victim may submit a written request, within the 180-day period described in Subsection (4)(a), that the agency retain the sexual assault kit.</subsection><subsection number="53-10-905(6)">A notice of intent to dispose of a sexual assault kit shall provide the victim with information on how to submit a written request described in Subsection (5).</subsection><subsection number="53-10-905(7)">If an agency receives a written request to retain the sexual assault kit from the victim within the 180-day period described in Subsection (4)(a), the agency shall retain the sexual assault kit for the applicable time period described in Section <xref depth="3" refnumber="77-11c-201">77-11c-201</xref>, <xref depth="3" refnumber="77-11c-301">77-11c-301</xref>, or <xref depth="3" refnumber="77-11c-401">77-11c-401</xref>.</subsection></section><section number="53-10-906"><histories><history>Amended by Chapter <modchap sess="2023GS">99</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Victim notification of rights -- Notification of law enforcement.</catchline><subsection number="53-10-906(1)"> Collecting facility personnel who conduct sexual assault examinations shall inform each victim of a sexual assault of: <subsection number="53-10-906(1)(a)"> available services for treatment of sexually transmitted infections, pregnancy, and other medical and psychiatric conditions;</subsection><subsection number="53-10-906(1)(b)"> available crisis intervention or other mental health services provided;</subsection><subsection number="53-10-906(1)(c)"> the option to receive prophylactic medication to prevent sexually transmitted infections and pregnancy;</subsection><subsection number="53-10-906(1)(d)"> the right to determine:<subsection number="53-10-906(1)(d)(i)"> whether to provide a personal statement about the sexual assault to law enforcement; and</subsection><subsection number="53-10-906(1)(d)(ii)"> if law enforcement should have access to any paperwork from the forensic examination; and</subsection></subsection><subsection number="53-10-906(1)(e)"> the victim's rights as provided in Section <xref depth="3" refnumber="77-37-3" start="0">77-37-3</xref>.</subsection></subsection><subsection number="53-10-906(2)"> The collecting facility shall notify law enforcement as soon as practicable if the victim of a sexual assault decides to interview and discuss the assault with law enforcement.</subsection><subsection number="53-10-906(3)"> If a victim of a sexual assault declines to provide a personal statement about the sexual assault to law enforcement, the collecting facility shall provide a written notice to the victim that contains the following information: <subsection number="53-10-906(3)(a)"> where the sexual assault kit will be stored;</subsection><subsection number="53-10-906(3)(b)"> notice that the victim may choose to contact law enforcement any time after declining to provide a personal statement;</subsection><subsection number="53-10-906(3)(c)"> the name, phone number, and email address of the law enforcement agency having jurisdiction; and</subsection><subsection number="53-10-906(3)(d)"> the name and phone number of a local rape crisis and services center.</subsection></subsection></section><section number="53-10-907"><histories><history>Renumbered and Amended by Chapter <modchap sess="2022GS">430</modchap>, 2022 General Session</history><modyear>2022</modyear></histories><catchline>Statewide sexual assault kit tracking system.</catchline><subsection number="53-10-907(1)"> The department shall develop and implement a statewide tracking system that contains the following information for all sexual assault kits collected by law enforcement: <subsection number="53-10-907(1)(a)"> the submission status of sexual assault kits by law enforcement to the Utah Bureau of Forensic Services;</subsection><subsection number="53-10-907(1)(b)"> notification by the Utah Bureau of Forensic Services to law enforcement of DNA analysis findings; and</subsection><subsection number="53-10-907(1)(c)"> the storage location of sexual assault kits.</subsection></subsection><subsection number="53-10-907(2)"> The tracking system shall include a secure electronic access that allows the submitting agency, collecting facility, department, and a victim, or his or her designee, to access or receive information, provided that the disclosure does not impede or compromise an active investigation, about the: <subsection number="53-10-907(2)(a)"> lab submission status;</subsection><subsection number="53-10-907(2)(b)"> DNA analysis findings provided to law enforcement; and</subsection><subsection number="53-10-907(2)(c)"> storage location of a sexual assault kit that was gathered from that victim.</subsection></subsection></section><section number="53-10-908"><histories><history>Amended by Chapter <modchap sess="2025GS">185</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Law enforcement -- Training -- Sexual assault, sexual abuse, and human trafficking.</catchline><subsection number="53-10-908(1)">The department and the Utah Prosecution Council shall develop training in trauma-informed responses and investigations of sexual assault and sexual abuse, which include, but are not limited to, the following:<subsection number="53-10-908(1)(a)">recognizing the symptoms of trauma;</subsection><subsection number="53-10-908(1)(b)">understanding the impact of trauma on a victim;</subsection><subsection number="53-10-908(1)(c)">responding to the needs and concerns of a victim of sexual assault or sexual abuse;</subsection><subsection number="53-10-908(1)(d)">delivering services to victims of sexual assault or sexual abuse in a compassionate, sensitive, and nonjudgmental manner;</subsection><subsection number="53-10-908(1)(e)">understanding cultural perceptions and common myths of sexual assault and sexual abuse; and</subsection><subsection number="53-10-908(1)(f)">techniques of writing reports in accordance with Subsection <xref depth="4" refnumber="53-10-908(5)" start="0">(5)</xref>.</subsection></subsection><subsection number="53-10-908(2)"><subsection number="53-10-908(2)(a)">In accordance with Section <xref depth="3" refnumber="53-6-202" start="0">53-6-202</xref>, the department and the Utah Prosecution Council shall offer the training in Subsection <xref depth="4" refnumber="53-10-908(1)" start="0">(1)</xref> to all certified law enforcement officers in the state.</subsection><subsection number="53-10-908(2)(b)">The training for all law enforcement officers may be offered through an online course, developed by the department and the Utah Prosecution Council.</subsection></subsection><subsection number="53-10-908(3)">The training listed in Subsection <xref depth="4" refnumber="53-10-908(1)" start="0">(1)</xref> shall be offered by the Peace Officer Standards and Training division to all persons seeking certification as a peace officer.</subsection><subsection number="53-10-908(4)"><subsection number="53-10-908(4)(a)">The department and the Utah Prosecution Council shall develop and offer an advanced training course for officers who investigate cases of sexual assault or sexual abuse.</subsection><subsection number="53-10-908(4)(b)">The advanced training course shall include:<subsection number="53-10-908(4)(b)(i)">all criteria listed in Subsection <xref depth="4" refnumber="53-10-908(1)" start="0">(1)</xref>;</subsection><subsection number="53-10-908(4)(b)(ii)">identifying indicators of a ritual, as that term is defined in Section <xref depth="3" refnumber="76-3-203.19">76-3-203.19</xref>, in cases of sexual assault; and</subsection><subsection number="53-10-908(4)(b)(iii)">interviewing techniques in accordance with the curriculum standards in Subsection <xref depth="4" refnumber="53-10-908(5)" start="0">(5)</xref>.</subsection></subsection></subsection><subsection number="53-10-908(5)">The department shall consult with the Utah Prosecution Council to develop the specific training requirements of this section, including curriculum standards for report writing and response to sexual assault and sexual abuse, including trauma-informed and victim-centered interview techniques, which have been demonstrated to minimize retraumatizing victims.</subsection><subsection number="53-10-908(6)">The Office of the Attorney General shall develop and offer training for law enforcement officers in investigating human trafficking offenses.</subsection><subsection number="53-10-908(7)">The training described in Subsection <xref depth="4" refnumber="53-10-908(6)" start="0">(6)</xref> shall be offered by the Peace Officer Standards and Training division to all persons seeking certification as a peace officer, in conjunction with the training described in Subsection <xref depth="4" refnumber="53-10-908(1)" start="0">(1)</xref>.</subsection><subsection number="53-10-908(8)">The Office of the Attorney General, the department, and the Utah Prosecution Council shall consult with one another to provide the training described in Subsection <xref depth="4" refnumber="53-10-908(6)" start="0">(6)</xref> jointly with the training described in Subsection <xref depth="4" refnumber="53-10-908(1)" start="0">(1)</xref> as reasonably practicable.</subsection></section><section number="53-10-909"><histories><history>Renumbered and Amended by Chapter <modchap sess="2022GS">430</modchap>, 2022 General Session</history><modyear>2022</modyear></histories><catchline>Rulemaking authority.</catchline><tab/>After consultation with the Utah Bureau of Forensic Services and in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, the department shall make rules, consistent with this part, regarding:<subsection number="53-10-909(1)"> the procedures for the submission and testing of all sexual assault kits collected by law enforcement and prosecutorial agencies in the state;</subsection><subsection number="53-10-909(2)"> the information and evidence that is required to be submitted as part of each sexual assault kit submission; and</subsection><subsection number="53-10-909(3)"> goals for the completion of analysis and classification of all sexual assault kit submissions.</subsection></section><section number="53-10-910"><histories></histories><catchline>Reporting requirement.</catchline><tab/>The Department of Public Safety and the Utah Bureau of Forensic Services shall report by July 31 of each year to the Department of Criminal Justice, the Law Enforcement and Criminal Justice Interim Committee, and the Criminal Justice Appropriations Subcommittee regarding:<subsection number="53-10-910(1)">the timelines set for testing all sexual assault kits submitted to the Utah Bureau of Forensic Services as provided in Subsection <xref depth="4" refnumber="53-10-903(2)" start="0">53-10-903(2)</xref>;</subsection><subsection number="53-10-910(2)">the goals established in Section <xref depth="3" refnumber="53-10-909" start="0">53-10-909</xref>;</subsection><subsection number="53-10-910(3)">the status of meeting those goals;</subsection><subsection number="53-10-910(4)">the number of sexual assault kits that are sent to the Utah Bureau of Forensic Services for testing;</subsection><subsection number="53-10-910(5)">the number of restricted kits held by law enforcement;</subsection><subsection number="53-10-910(6)">the number of sexual assault kits that are not processed in accordance with the timelines established in this part; and</subsection><subsection number="53-10-910(7)">future appropriations requests that will ensure that all DNA cases can be processed according to the timelines established by this part.</subsection></section></part><part number="53-10-10"><catchline>Amber Alert System</catchline><section number="53-10-1001"><histories><history>Enacted by Chapter <modchap sess="2023GS">404</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="53-10-1001(1)"> "Abduction of a child" means the taking, concealing, or detaining of a child without permission from an individual entitled to custody of the child.</subsection><subsection number="53-10-1001(2)"> "Amber Alert" means an alert issued in accordance with America's Missing: Broadcast Emergency Response run by the bureau to assist a law enforcement agency in the recovery of an abducted child.</subsection><subsection number="53-10-1001(3)"> "Child" means an individual under 18 years old.</subsection><subsection number="53-10-1001(4)"> "Runaway" means the same as that term is defined in Section <xref depth="3" refnumber="80-1-102" start="0">80-1-102</xref>.</subsection></section><section number="53-10-1002"><histories><history>Enacted by Chapter <modchap sess="2023GS">404</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Amber Alert criteria.</catchline><subsection number="53-10-1002(1)"> Except as provided in Subsection <xref depth="4" refnumber="53-10-1002(2)" start="0">(2)</xref>, if a law enforcement agency receives a report that an abduction of a child has occurred, including an abduction of a child by the child's parent or guardian, the investigating law enforcement agency may issue an Amber Alert if: <subsection number="53-10-1002(1)(a)"> the investigating law enforcement agency confirms that an abduction of the child has occurred;</subsection><subsection number="53-10-1002(1)(b)"> the investigating law enforcement agency believes there is a credible threat of imminent danger of serious bodily injury or death to the child; and</subsection><subsection number="53-10-1002(1)(c)"> there is sufficient descriptive information about the child, alleged abductor, or the circumstances surrounding the abduction to indicate that issuing an Amber Alert will assist in the safe recovery of the child or the apprehension of the abductor.</subsection></subsection><subsection number="53-10-1002(2)"> A law enforcement agency may not issue an Amber Alert: <subsection number="53-10-1002(2)(a)"> for a reported runaway; or</subsection><subsection number="53-10-1002(2)(b)"> for the taking, concealing, or detaining of a child by the child's parent during a child custody dispute regarding the child, unless there is a credible threat of imminent danger of serious bodily injury or death to the child.</subsection></subsection><subsection number="53-10-1002(3)"> The investigating law enforcement agency may use relevant law enforcement technology, including an automatic license plate reader system, to locate a vehicle that is being sought in connection with an issued Amber Alert.</subsection><subsection number="53-10-1002(4)"> The department and the Department of Transportation may make rules in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, establishing policies and procedures for the operation and maintenance of the Amber Alert System other than mobile network operations.</subsection></section></part><part number="53-10-11"><effdate>1/1/2027</effdate><catchline>Purple Alert System</catchline><section number="53-10-1101"><effdate>1/1/2027</effdate><histories><history>Enacted by Chapter <modchap sess="2026GS">263</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Definitions.</catchline>As used in this part:<subsection number="53-10-1101(1)">"Amber Alert" means the same as that term is defined in Section <xref depth="3" refnumber="53-10-1001">53-10-1001</xref>.</subsection><subsection number="53-10-1101(2)">"Dementia" means the same as that term is defined in Section <xref depth="3" refnumber="53-10-702">53-10-702</xref>.</subsection><subsection number="53-10-1101(3)">"Purple Alert" means an alert issued under the Purple Alert Notification System by the department for a missing vulnerable individual in accordance with Section <xref depth="3" refnumber="53-10-1102">53-10-1102</xref>.</subsection><subsection number="53-10-1101(4)">"Purple Alert Notification System" means the system created in Section <xref depth="3" refnumber="53-10-1102">53-10-1102</xref>.</subsection><subsection number="53-10-1101(5)"><subsection number="53-10-1101(5)(a)">"Vulnerable adult" means an individual who:<subsection number="53-10-1101(5)(a)(i)">is 18 years old or older but younger than 60 years old; and</subsection><subsection number="53-10-1101(5)(a)(ii)">possesses a physical or mental impairment, permanent or temporary, that substantially affects the individual's ability to:<subsection number="53-10-1101(5)(a)(ii)(A)">provide personal protection;</subsection><subsection number="53-10-1101(5)(a)(ii)(B)">provide necessities such as food, shelter, clothing, or medical or other healthcare;</subsection><subsection number="53-10-1101(5)(a)(ii)(C)">obtain services necessary for health, safety, or welfare;</subsection><subsection number="53-10-1101(5)(a)(ii)(D)">carry out the activities of daily living; or</subsection><subsection number="53-10-1101(5)(a)(ii)(E)">manage the individual's own resources.</subsection></subsection></subsection><subsection number="53-10-1101(5)(b)">"Vulnerable adult" does not include an individual who has dementia.</subsection></subsection><subsection number="53-10-1101(6)">"Vulnerable minor" means a individual who:<subsection number="53-10-1101(6)(a)">is younger than 18 years old; and</subsection><subsection number="53-10-1101(6)(b)">has a permanent or temporary physical or mental impairment.</subsection></subsection><subsection number="53-10-1101(7)">"Vulnerable individual" means a vulnerable adult or vulnerable minor.</subsection></section><section number="53-10-1102"><effdate>1/1/2027</effdate><histories><history>Enacted by Chapter <modchap sess="2026GS">263</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Purple Alert Notification System -- Creation -- Law enforcement and department responsibilities.</catchline><subsection number="53-10-1102(1)">There is created the Purple Alert Notification System for missing vulnerable individuals to be administered by the department to issue and coordinate alerts following the report of a missing vulnerable individual.</subsection><subsection number="53-10-1102(2)">If a law enforcement agency receives a report of a missing individual, the law enforcement agency may request that the department activate a Purple Alert for the individual if the law enforcement agency determines that:<subsection number="53-10-1102(2)(a)">the missing individual is a vulnerable individual;</subsection><subsection number="53-10-1102(2)(b)">the Purple Alert is a viable means by which the missing vulnerable individual is likely to be returned to safety; and</subsection><subsection number="53-10-1102(2)(c)">there is sufficient descriptive information about the missing vulnerable individual and the circumstances surrounding the vulnerable individual's disappearance to indicate that activating the alert is likely to help locate the vulnerable individual.</subsection></subsection><subsection number="53-10-1102(3)">The department shall activate a Purple Alert after receiving a request under Subsection <xref depth="4" refnumber="53-10-1102(2)">(2)</xref> if:<subsection number="53-10-1102(3)(a)">in the case of a missing vulnerable individual who is a vulnerable minor, the criteria for the activation of the Amber Alert System under Section <xref depth="3" refnumber="53-10-1002">53-10-1002</xref> has not been met; and</subsection><subsection number="53-10-1102(3)(b)">the Purple Alert meets any additional requirements established by the department for activation of a Purple Alert under Section <xref depth="3" refnumber="53-10-1103">53-10-1103</xref>.</subsection></subsection><subsection number="53-10-1102(4)"><subsection number="53-10-1102(4)(a)">The Purple Alert Notification System shall:<subsection number="53-10-1102(4)(a)(i)">except as provided in Subsections <xref depth="4" refnumber="53-10-1102(4)(a)(ii)">(4)(a)(ii)</xref> and <xref depth="4" refnumber="53-10-1102(b)(i)">(b)(i)</xref>, utilize the same coordination as an Amber Alert; and</subsection><subsection number="53-10-1102(4)(a)(ii)">when providing information to the Department of Transportation for the activation of highway signage to locate a missing vulnerable individual, indicate the specific geographical area in which the missing vulnerable individual was last seen, to ensure that signs only in that area will be activated.</subsection></subsection><subsection number="53-10-1102(4)(b)">The Purple Alert Notification System may not:<subsection number="53-10-1102(4)(b)(i)">activate the Emergency Alert System when issuing a Purple Alert; or</subsection><subsection number="53-10-1102(4)(b)(ii)">issue a Purple Alert that contains information regarding an endangered vulnerable individual's specific medical diagnosis.</subsection></subsection></subsection></section><section number="53-10-1103"><effdate>1/1/2027</effdate><histories><history>Enacted by Chapter <modchap sess="2026GS">263</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Rulemaking authority.</catchline>The department shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing policies, procedures, and a timeline for the:<subsection number="53-10-1103(1)">request of a Purple Alert by a law enforcement officer or agency;</subsection><subsection number="53-10-1103(2)">activation of a Purple Alert;</subsection><subsection number="53-10-1103(3)">duration of a Purple Alert; and</subsection><subsection number="53-10-1103(4)">cancellation of a Purple Alert.</subsection></section></part></chapter><chapter number="53-11"><catchline>Bail Bond Recovery Act</catchline><section number="53-11-101"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Enacted by Chapter <modchap sess="1998GS">257</modchap>, 1998 General Session</history><modyear>1998</modyear></histories><catchline>Title.</catchline><tab/>This chapter is known as the "Bail Bond Recovery Act." </section><section number="53-11-102"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2024GS">506</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this chapter:<subsection number="53-11-102(1)">"Applicant" means a person who has submitted to the department a completed application and all required application and processing fees.</subsection><subsection number="53-11-102(2)">"Bail bond agency" means a bail enforcement agent licensed under this chapter who operates a business to carry out the functions of a bail enforcement agent, and to conduct this business:<subsection number="53-11-102(2)(a)">employs one or more persons licensed under this chapter for wages or salary, and withholds all legally required deductions and contributions; or</subsection><subsection number="53-11-102(2)(b)">contracts with a bail recovery agent or bail recovery apprentice on a part-time or case-by-case basis.</subsection></subsection><subsection number="53-11-102(3)">"Bail enforcement agent" means an individual licensed under this chapter as a bail enforcement agent to enforce the terms and conditions of a defendant's release on bail in a civil or criminal proceeding, to apprehend a defendant or surrender a defendant to custody, or both, as is appropriate, and who:<subsection number="53-11-102(3)(a)">is appointed by a bail bond surety; and</subsection><subsection number="53-11-102(3)(b)">receives or is promised money or other things of value for this service.</subsection></subsection><subsection number="53-11-102(4)">"Bail recovery agent" means an individual employed by a bail enforcement agent to assist the bail enforcement agent regarding civil or criminal defendants released on bail by:<subsection number="53-11-102(4)(a)">presenting a defendant for required court appearances;</subsection><subsection number="53-11-102(4)(b)">apprehending or surrendering a defendant to a court; or</subsection><subsection number="53-11-102(4)(c)">keeping the defendant under necessary surveillance.</subsection></subsection><subsection number="53-11-102(5)">"Bail recovery apprentice" means any individual licensed under this chapter as a bail recovery apprentice, and who:<subsection number="53-11-102(5)(a)">has not met the requirements for licensure as a bail recovery agent or bail enforcement agent; and</subsection><subsection number="53-11-102(5)(b)">is employed by a bail enforcement agent, and works under the direct supervision of a bail enforcement agent or bail recovery agent employed also by the bail enforcement agent, unless the bail recovery apprentice is conducting activities at the direction of the employing bail enforcement agent that under this chapter do not require direct supervision.</subsection></subsection><subsection number="53-11-102(6)">"Board" means the Bail Bond Recovery and Private Investigator Licensure Board created under Section <xref depth="3" refnumber="53-11-104">53-11-104</xref>.</subsection><subsection number="53-11-102(7)">"Bureau" means the Bureau of Criminal Identification created in Section <xref depth="3" refnumber="53-10-201">53-10-201</xref> within the Department of Public Safety.</subsection><subsection number="53-11-102(8)">"Commissioner" means the commissioner of public safety as defined under Section <xref depth="3" refnumber="53-1-107">53-1-107</xref>, or his designee.</subsection><subsection number="53-11-102(9)">"Contract employee" or "independent contractor" means a person who works for an agency as an independent contractor.</subsection><subsection number="53-11-102(10)">"Conviction" means an adjudication of guilt by a federal, state, or local court resulting from a trial or plea, including a plea of no contest or nolo contendere, regardless of whether the imposition of sentence was suspended.</subsection><subsection number="53-11-102(11)">"Department" means the Department of Public Safety.</subsection><subsection number="53-11-102(12)">"Direct supervision" means a bail enforcement agent employing or contracting with a bail recovery apprentice, or a bail recovery agent employed by or contracting with that bail enforcement agent who:<subsection number="53-11-102(12)(a)">takes responsibility for and assigns the work a bail recovery apprentice may conduct; and</subsection><subsection number="53-11-102(12)(b)">closely supervises, within close physical proximity, and provides direction and guidance to the bail recovery apprentice regarding the assigned work.</subsection></subsection><subsection number="53-11-102(13)">"Emergency action" means a summary suspension of a license issued under this chapter pending revocation, suspension, or probation, in order to protect the public health, safety, or welfare.</subsection><subsection number="53-11-102(14)">"Identification card" means a card issued by the commissioner to an applicant qualified for licensure under this chapter.</subsection><subsection number="53-11-102(15)">"Letter of concern" means an advisory letter to notify a licensee that while there is insufficient evidence to support probation, suspension, or revocation of a license, the department believes:<subsection number="53-11-102(15)(a)">the licensee should modify or eliminate certain practices; and</subsection><subsection number="53-11-102(15)(b)">continuation of the activities that led to the information being submitted to the department may result in further disciplinary action against the license.</subsection></subsection><subsection number="53-11-102(16)">"Occupied structure" means any edifice, including residential and public buildings, vehicles, or any other structure that could reasonably be expected to house or shelter persons.</subsection><subsection number="53-11-102(17)">"Private investigator or private detective" means the same as that term is defined in Section <xref depth="3" refnumber="53-9-102">53-9-102</xref>.</subsection><subsection number="53-11-102(18)">"Supervision" means the employing bail enforcement agent is responsible for and authorizes the type and extent of work assigned to a bail recovery agent who is his employee or contract employee.</subsection><subsection number="53-11-102(19)">"Unprofessional conduct" means:<subsection number="53-11-102(19)(a)">engaging or offering to engage by fraud or misrepresentation in any activities regulated by this chapter;</subsection><subsection number="53-11-102(19)(b)">aiding or abetting a person who is not licensed pursuant to this chapter in representing that person as a bail recovery agent in this state;</subsection><subsection number="53-11-102(19)(c)">gross negligence in the practice of a bail recovery agent;</subsection><subsection number="53-11-102(19)(d)">committing a felony or a misdemeanor involving any crime that is grounds for denial, suspension, or revocation of a bail recovery license, and conviction by a court of competent jurisdiction or a plea of no contest is conclusive evidence of the commission; or</subsection><subsection number="53-11-102(19)(e)">making a fraudulent or untrue statement to the board, department, its investigators, or staff.</subsection></subsection></section><section number="53-11-103"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2008GS">382</modchap>, 2008 General Session</history><modyear>2008</modyear></histories><catchline>Commissioner of Public Safety administers -- Licensure -- Rulemaking.</catchline><subsection number="53-11-103(1)"> The commissioner administers this chapter, including keeping records of: <subsection number="53-11-103(1)(a)"> all applications for licenses under this chapter; and</subsection><subsection number="53-11-103(1)(b)"> proof of workers' compensation required to be filed.</subsection></subsection><subsection number="53-11-103(2)"> Records shall include statements as to whether a license or renewal license has been issued for each application and bond.</subsection><subsection number="53-11-103(3)"> If a license is revoked, suspended, or canceled, or a license is denied or placed on probation, the commissioner shall ensure the date of filing the order for revocation, suspension, cancellation, denial, or probation is included in the records.</subsection><subsection number="53-11-103(4)"> The commissioner shall maintain a list of all individuals, firms, partnerships, associations, or corporations that have had a license revoked, suspended, placed on probation, or canceled and a written record of complaints filed against licensees.</subsection><subsection number="53-11-103(5)"><subsection number="53-11-103(5)(a)"> The commissioner may make rules in accordance with <xref depth="1" refid="C63G-3_1800010118000101" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, as necessary to administer this chapter.</subsection><subsection number="53-11-103(5)(b)"> These rules shall include a requirement that all providers offering instruction or continuing instruction required for licensure under this chapter shall offer the courses to all applicants at the same course fees, in order to be qualified by the board.</subsection></subsection><subsection number="53-11-103(6)"> All records referred to under this section are open to the public under <xref depth="1" refid="C63G-2_1800010118000101" refnumber="63G-2" start="0">Title 63G, Chapter 2, Government Records Access and Management Act</xref>, except licensees' residential addresses and telephone numbers.</subsection></section><section number="53-11-104"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2025GS">359</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Board.</catchline><subsection number="53-11-104(1)">There is established under the Department of Public Safety a Bail Bond Recovery and Private Investigator Licensure Board consisting of eight members appointed by the commissioner.</subsection><subsection number="53-11-104(2)">Each member of the board shall be a citizen of the United States and a resident of this state at the time of appointment:<subsection number="53-11-104(2)(a)">one member shall be a person who is qualified for and is licensed under this chapter;</subsection><subsection number="53-11-104(2)(b)">one member shall be a person who is qualified for and is licensed under Chapter 9, Private Investigator Regulation Act;</subsection><subsection number="53-11-104(2)(c)">one member shall be an attorney licensed to practice in the state;</subsection><subsection number="53-11-104(2)(d)">one member shall be a chief of police or sheriff;</subsection><subsection number="53-11-104(2)(e)">one member shall be a supervisory investigator from the commissioner's office;</subsection><subsection number="53-11-104(2)(f)">one member shall be an owner of a bail bond surety company;</subsection><subsection number="53-11-104(2)(g)">one member shall be an owner of a private investigator agency; and</subsection><subsection number="53-11-104(2)(h)">one member shall be a public member who:<subsection number="53-11-104(2)(h)(i)">does not have a financial interest in a bail bond surety or bail bond recovery business;</subsection><subsection number="53-11-104(2)(h)(ii)">does not have a financial interest in a private investigative agency; and</subsection><subsection number="53-11-104(2)(h)(iii)">does not have an immediate family member or a household member, or a personal or professional acquaintance, who is licensed or registered under this chapter or Chapter 9, Private Investigator Regulation Act.</subsection></subsection></subsection><subsection number="53-11-104(3)"><subsection number="53-11-104(3)(a)">As terms of current board members expire, the commissioner shall appoint each new member or reappointed member to a four-year term, except as required by Subsection (3)(b).</subsection><subsection number="53-11-104(3)(b)">The commissioner shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.</subsection></subsection><subsection number="53-11-104(4)">When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term.</subsection><subsection number="53-11-104(5)">At the board's first meeting every year, the board shall elect a chair and vice chair from the board's membership.</subsection><subsection number="53-11-104(6)">A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:<subsection number="53-11-104(6)(a)">Section <xref depth="3" refnumber="63A-3-106">63A-3-106</xref>;</subsection><subsection number="53-11-104(6)(b)">Section <xref depth="3" refnumber="63A-3-107">63A-3-107</xref>; and</subsection><subsection number="53-11-104(6)(c)">rules made by the Division of Finance in accordance with Sections <xref depth="3" refnumber="63A-3-106">63A-3-106</xref> and <xref depth="3" refnumber="63A-3-107">63A-3-107</xref>.</subsection></subsection><subsection number="53-11-104(7)"><subsection number="53-11-104(7)(a)">A member may not serve more than one consecutive term unless:<subsection number="53-11-104(7)(a)(i)">there is no other qualified applicant; or </subsection><subsection number="53-11-104(7)(a)(ii)">a member is appointed to fill a vacancy or appointed for an initial term of less than four years under Subsection (3).</subsection></subsection><subsection number="53-11-104(7)(b)">The commissioner may reappoint a member described in Subsection <xref tempid="627" depth="4" refnumber="53-11-104(7)(a)(ii)">(7)(a)(ii)</xref> for one additional full term.</subsection></subsection><subsection number="53-11-104(8)">The commissioner, after a board hearing and recommendation, may remove any member of the board for misconduct, incompetency, or neglect of duty.</subsection><subsection number="53-11-104(9)">Members of the board are immune from suit with respect to all acts done and actions taken in good faith in carrying out the purposes of this chapter.</subsection></section><section number="53-11-105"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2024GS">506</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Powers and duties of board.</catchline><subsection number="53-11-105(1)">The board shall:<subsection number="53-11-105(1)(a)"><subsection number="53-11-105(1)(a)(i)">review all applications for licensing and renewals of licenses submitted by the bureau under this chapter and Title 53, Chapter 9, Private Investigator Regulation Act; and</subsection><subsection number="53-11-105(1)(a)(ii)">approve or disapprove the applications;</subsection></subsection><subsection number="53-11-105(1)(b)">review all complaints and take disciplinary action; and</subsection><subsection number="53-11-105(1)(c)">establish standards for and approve providers of courses required for licensure under this section.</subsection></subsection><subsection number="53-11-105(2)">The board may take and hear evidence, administer oaths and affirmations, and compel by subpoena the attendance of witnesses and the production of books, papers, records, documents, and other information relating to:<subsection number="53-11-105(2)(a)">investigation of an applicant for licensure under this chapter or Title 53, Chapter 9, Private Investigator Regulation Act; or</subsection><subsection number="53-11-105(2)(b)">a formal complaint against or department investigation of a bail enforcement agent, bail recovery agent, bail recovery apprentice, or a private investigator.</subsection></subsection></section><section number="53-11-106"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2024GS">506</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Board meetings and hearings -- Quorum.</catchline><subsection number="53-11-106(1)">The board shall meet at the call of the chair, but not less often than once each quarter.</subsection><subsection number="53-11-106(2)"><subsection number="53-11-106(2)(a)">A quorum consists of five members.</subsection><subsection number="53-11-106(2)(b)">The action of a majority of a quorum constitutes an action of the board.</subsection></subsection><subsection number="53-11-106(3)">If a member has three or more unexcused absences within a 12-month period, the commissioner shall determine if that board member should be released from board duties.</subsection></section><section number="53-11-107"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2025GS">302</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Licenses -- Classifications -- Prohibited acts.</catchline><subsection number="53-11-107(1)">Licenses under this chapter are issued in the classifications of:<subsection number="53-11-107(1)(a)">bail enforcement agent;</subsection><subsection number="53-11-107(1)(b)">bail recovery agent; or</subsection><subsection number="53-11-107(1)(c)">bail recovery apprentice.</subsection></subsection><subsection number="53-11-107(2)">A person may not:<subsection number="53-11-107(2)(a)">act or assume to act as, or claim to be, a licensee unless the person is licensed under this chapter; or</subsection><subsection number="53-11-107(2)(b)">falsely represent that the person is employed by a licensee.</subsection></subsection><subsection number="53-11-107(3)">The commissioner shall issue licenses to applicants who qualify for them under this chapter.</subsection><subsection number="53-11-107(4)">A license issued under this chapter is not transferable or assignable.</subsection></section><section number="53-11-108"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Amended by Chapter <modchap sess="2025GS">302</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Licensure -- Basic qualifications.</catchline><tab/>An applicant for licensure under this chapter shall meet the following qualifications:<subsection number="53-11-108(1)">An applicant shall be:<subsection number="53-11-108(1)(a)">at least 21 years old;</subsection><subsection number="53-11-108(1)(b)">a citizen or legal resident of the United States; and</subsection><subsection number="53-11-108(1)(c)">of good moral character.</subsection></subsection><subsection number="53-11-108(2)">An applicant may not:<subsection number="53-11-108(2)(a)">have been convicted of:<subsection number="53-11-108(2)(a)(i)">a felony;</subsection><subsection number="53-11-108(2)(a)(ii)">any act involving illegally using, carrying, or possessing a dangerous weapon;</subsection><subsection number="53-11-108(2)(a)(iii)">any act of personal violence or force on any person or convicted of threatening to commit any act of personal violence or force against another person;</subsection><subsection number="53-11-108(2)(a)(iv)">any act constituting dishonesty or fraud;</subsection><subsection number="53-11-108(2)(a)(v)">impersonating a peace officer; or</subsection><subsection number="53-11-108(2)(a)(vi)">any act involving moral turpitude;</subsection></subsection><subsection number="53-11-108(2)(b)">be on probation, parole, community supervision, or named in an outstanding arrest warrant; or</subsection><subsection number="53-11-108(2)(c)">be employed as a peace officer.</subsection></subsection><subsection number="53-11-108(3)">If previously or currently licensed in another state or jurisdiction, the applicant shall be in good standing within that state or jurisdiction.</subsection><subsection number="53-11-108(4)"><subsection number="53-11-108(4)(a)">The applicant shall also have completed a training program of not less than 16 hours that is approved by the board and includes:<subsection number="53-11-108(4)(a)(i)">instruction on the duties and responsibilities of a licensee under this chapter, including:<subsection number="53-11-108(4)(a)(i)(A)">search, seizure, and arrest procedure;</subsection><subsection number="53-11-108(4)(a)(i)(B)">pursuit, arrest, detainment, and transportation of a bail bond suspect; and</subsection><subsection number="53-11-108(4)(a)(i)(C)">specific duties and responsibilities regarding entering an occupied structure to carry out functions under this chapter;</subsection></subsection><subsection number="53-11-108(4)(a)(ii)">the laws and rules relating to the bail bond business;</subsection><subsection number="53-11-108(4)(a)(iii)">the rights of the accused; and</subsection><subsection number="53-11-108(4)(a)(iv)">ethics.</subsection></subsection><subsection number="53-11-108(4)(b)">The program may be completed after the licensure application is submitted, but shall be completed before a license may be issued under this chapter.</subsection></subsection><subsection number="53-11-108(5)">If the applicant desires to carry a firearm as a licensee, the applicant shall:<subsection number="53-11-108(5)(a)">successfully complete a course regarding the specified types of weapons the applicant plans to carry. The course shall:<subsection number="53-11-108(5)(a)(i)">be not less than 16 hours;</subsection><subsection number="53-11-108(5)(a)(ii)">be conducted by any national, state, or local firearms training organization approved by the Criminal Investigations and Technical Services Division created in Section <xref depth="3" refid="C53-10-S103_1800010118000101" refnumber="53-10-103" start="0">53-10-103</xref>; and</subsection><subsection number="53-11-108(5)(a)(iii)">provide training regarding general familiarity with the types of firearms to be carried, including:<subsection number="53-11-108(5)(a)(iii)(A)">the safe loading, unloading, storage, and carrying of the types of firearms to be concealed; and</subsection><subsection number="53-11-108(5)(a)(iii)(B)">current laws defining lawful use of a firearm by a private citizen, including lawful self-defense, use of deadly force, transportation, and concealment; and</subsection></subsection></subsection><subsection number="53-11-108(5)(b)">shall hold a valid license to carry a concealed weapon, issued under Section <xref depth="3" refnumber="53-5a-303">53-5a-303</xref>.</subsection></subsection></section><section number="53-11-109"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Enacted by Chapter <modchap sess="1998GS">257</modchap>, 1998 General Session</history><modyear>1998</modyear></histories><catchline>Licensure -- Bail enforcement agent.</catchline><subsection number="53-11-109(1)"><subsection number="53-11-109(1)(a)"> In addition to the requirements in Sections <xref depth="3" refid="C53-11-S108_1800010118000101" refnumber="53-11-108" start="0">53-11-108</xref> and <xref depth="3" refid="C53-11-S110_1800010118000101" refnumber="53-11-110" start="0">53-11-110</xref>, an applicant for licensure as a bail enforcement agent shall have a minimum of 2,000 hours of experience consisting of either actual bail recovery work, or work as a law enforcement officer for a federal, state, or local governmental agency.</subsection><subsection number="53-11-109(1)(b)"> The applicant shall substantiate the experience claimed under Subsection <xref depth="4" refid="C53-11-S109_1800010118000101" refnumber="53-11-109(1)" start="0">(1)</xref> as qualifying experience and shall provide:<subsection number="53-11-109(1)(b)(i)"> the exact details as to the character and nature of the experience on a form prescribed by the department; and</subsection><subsection number="53-11-109(1)(b)(ii)"> certification by the applicant's employers, which is subject to independent verification by the board.</subsection></subsection><subsection number="53-11-109(1)(c)"> If an applicant is unable to supply written certification of experience from an employer in whole or in part, an applicant may offer written certification from persons other than an employer covering the same subject matter for consideration by the board.</subsection><subsection number="53-11-109(1)(d)"> The burden of proving completion of the required experience is on the applicant.</subsection></subsection><subsection number="53-11-109(2)"> An applicant for license renewal shall have completed not less than eight hours of continuing classroom instruction.</subsection></section><section number="53-11-110"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2015GS">170</modchap>, 2015 General Session</history><modyear>2015</modyear></histories><catchline>Bail enforcement agent as agency -- Surety bond -- Workers' compensation.</catchline><subsection number="53-11-110(1)"> An applicant for licensure as a bail enforcement agent who will operate a bail bond recovery agency shall provide the following information as part of the application: <subsection number="53-11-110(1)(a)"> the full name and business address of the applicant;</subsection><subsection number="53-11-110(1)(b)"> two passport-size color photographs of the applicant;</subsection><subsection number="53-11-110(1)(c)"> the name under which the applicant intends to conduct the business;</subsection><subsection number="53-11-110(1)(d)"> a statement that the applicant intends to engage in the bail bond recovery business;</subsection><subsection number="53-11-110(1)(e)"> a notarized statement of the applicant's qualifications as required by Sections <xref depth="3" refnumber="53-11-108" start="0">53-11-108</xref> and <xref depth="3" refnumber="53-11-109" start="0">53-11-109</xref>;</subsection><subsection number="53-11-110(1)(f)"> the fee required by Section <xref depth="3" refnumber="53-11-115" start="0">53-11-115</xref>;</subsection><subsection number="53-11-110(1)(g)"> a certificate of workers' compensation insurance, if applicable; and</subsection><subsection number="53-11-110(1)(h)"> proof of completion of a training program approved by the board.</subsection></subsection><subsection number="53-11-110(2)"> An applicant for licensure, or renewal of licensure, as a bail enforcement agent shall include with the application a surety bond: <subsection number="53-11-110(2)(a)"> in the amount of $10,000;</subsection><subsection number="53-11-110(2)(b)"> that is in effect throughout the entire licensing period; and</subsection><subsection number="53-11-110(2)(c)"> that provides that the issuer of the surety bond will notify the bureau if the bond is cancelled or expired.</subsection></subsection><subsection number="53-11-110(3)"> The license for a bail enforcement agent shall indicate on its face if the holder is licensed to act as a bail bond recovery agency.</subsection><subsection number="53-11-110(4)"> The bureau shall: <subsection number="53-11-110(4)(a)"> cancel a license if the bureau receives notice that the surety bond described in Subsection <xref depth="4" refnumber="53-11-110(2)" start="0">(2)</xref> is cancelled or expired;</subsection><subsection number="53-11-110(4)(b)"> notify a licensee when the bureau cancels a license under Subsection <xref depth="4" refnumber="53-11-110(4)(a)" start="0">(4)(a)</xref>; and</subsection><subsection number="53-11-110(4)(c)"> reinstate a license that has been cancelled under Subsection <xref depth="4" refnumber="53-11-110(4)(a)" start="0">(4)(a)</xref>, and has not otherwise been revoked, when the person whose license was cancelled:<subsection number="53-11-110(4)(c)(i)"> files a surety bond described in Subsection <xref depth="4" refnumber="53-11-110(2)" start="0">(2)</xref> that is in effect for the remainder of the licensing period; and</subsection><subsection number="53-11-110(4)(c)(ii)"> pays the licensing fee described in Section <xref depth="3" refnumber="53-11-115" start="0">53-11-115</xref>.</subsection></subsection></subsection></section><section number="53-11-111"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2025GS">302</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Licensure -- Bail recovery agent -- Requirements and limitations.</catchline><subsection number="53-11-111(1)"><subsection number="53-11-111(1)(a)">In addition to the requirements in Sections <xref depth="3" refid="C53-11-S108_1800010118000101" refnumber="53-11-108" start="0">53-11-108</xref> and <xref depth="3" refid="C53-11-S113_1800010118000101" refnumber="53-11-113" start="0">53-11-113</xref>, an applicant for licensure as a bail recovery agent shall meet all of the requirements under Section <xref depth="3" refid="C53-11-S109_1800010118000101" refnumber="53-11-109" start="0">53-11-109</xref>, but instead of the experience requirement under Subsection <xref depth="4" refid="C53-11-S109_1800010118000101" refnumber="53-11-109(1)(a)" start="0">53-11-109(1)(a)</xref>, a bail recovery agent applicant shall have a minimum of 1,000 hours of experience consisting of either actual bail recovery work, or work as a law enforcement officer for a federal, state, or local governmental agency.</subsection><subsection number="53-11-111(1)(b)">The applicant shall substantiate the experience claimed under Subsection <xref depth="4" refid="C53-11-S111_1800010118000101" refnumber="53-11-111(1)" start="0">(1)</xref> as qualifying experience and shall provide:<subsection number="53-11-111(1)(b)(i)">the exact details as to the character and nature of the experience on a form prescribed by the department; and</subsection><subsection number="53-11-111(1)(b)(ii)">certification by the applicant's employers, which is subject to independent verification by the board.</subsection></subsection><subsection number="53-11-111(1)(c)">If an applicant is unable to supply written certification of experience from an employer in whole or in part, an applicant may offer written certification from persons other than an employer covering the same subject matter for consideration by the board.</subsection><subsection number="53-11-111(1)(d)">The burden of proving completion of the required experience is on the applicant.</subsection></subsection><subsection number="53-11-111(2)">An applicant for license renewal shall have completed not less than eight hours of continuing classroom instruction.</subsection><subsection number="53-11-111(3)">A bail recovery agent may work as a licensee under this chapter only as an employee of or as an independent contractor with a bail bond agency. A bail recovery agent may not:<subsection number="53-11-111(3)(a)">advertise the agent's services;</subsection><subsection number="53-11-111(3)(b)">provide services as a licensee under this chapter directly for members of the public; or</subsection><subsection number="53-11-111(3)(c)">employ or hire as independent contractors bail enforcement agents, bail recovery agents, or bail recovery apprentices.</subsection></subsection></section><section number="53-11-112"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2014GS">155</modchap>, 2014 General Session</history><modyear>2014</modyear></histories><catchline>Licensure -- Bail recovery apprentices -- Requirements and limitations.</catchline><subsection number="53-11-112(1)"> In addition to the requirements in Sections <xref depth="3" refnumber="53-11-108" start="0">53-11-108</xref> and <xref depth="3" refnumber="53-11-113" start="0">53-11-113</xref>, an applicant for licensure as a bail recovery apprentice shall meet all of the requirements under Section <xref depth="3" refnumber="53-11-109" start="0">53-11-109</xref>, except the applicant is not subject to the experience requirement under Subsection <xref depth="4" refnumber="53-11-109(1)(a)" start="0">53-11-109(1)(a)</xref>.</subsection><subsection number="53-11-112(2)"> A bail recovery apprentice may work as a licensee only: <subsection number="53-11-112(2)(a)"> as an employee or contract employee of a bail bond agency; and</subsection><subsection number="53-11-112(2)(b)"> under the direct supervision of a bail enforcement agent or bail recovery agent employed also by the bail enforcement agent, unless the bail recovery apprentice is conducting activities at the direction of the employing bail enforcement agent that under this chapter do not require direct supervision.</subsection></subsection><subsection number="53-11-112(3)"> A bail recovery apprentice may not: <subsection number="53-11-112(3)(a)"> advertise the apprentice's bail recovery services;</subsection><subsection number="53-11-112(3)(b)"> provide services as a licensee under this chapter directly for members of the public; or</subsection><subsection number="53-11-112(3)(c)"> employ or hire as independent contractors bail enforcement agents, bail recovery agents, or bail recovery apprentices.</subsection></subsection><subsection number="53-11-112(4)"> A bail recovery apprentice may wear an article of clothing that conspicuously displays on the chest and the back of the article of clothing lettering that clearly identifies the licensee as a bail enforcement or recovery agent.</subsection></section><section number="53-11-113"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2015GS">170</modchap>, 2015 General Session</history><modyear>2015</modyear></histories><catchline>Bail recovery agent and bail recovery apprentice licensure -- Surety bond -- Fee -- Workers' compensation.</catchline><subsection number="53-11-113(1)"> An applicant for licensure as a bail recovery agent or as a bail recovery apprentice shall provide as part of the application: <subsection number="53-11-113(1)(a)"> the full name and address of the applicant;</subsection><subsection number="53-11-113(1)(b)"> two passport-size color photographs of the applicant;</subsection><subsection number="53-11-113(1)(c)"> the name of the bail bond recovery agency for which the applicant will be an employee or with which the applicant will be an independent contractor;</subsection><subsection number="53-11-113(1)(d)"> written indication by a bail bond recovery agency or its designee that it intends to employ or contract with the applicant; and</subsection><subsection number="53-11-113(1)(e)"> a notarized statement of the applicant's experience and qualifications required under Section <xref depth="3" refnumber="53-11-111" start="0">53-11-111</xref> or <xref depth="3" refnumber="53-11-112" start="0">53-11-112</xref>, as appropriate.</subsection></subsection><subsection number="53-11-113(2)"> The licensure application or renewal shall be accompanied by the fee required under Section <xref depth="3" refnumber="53-11-115" start="0">53-11-115</xref>.</subsection><subsection number="53-11-113(3)"> An applicant for licensure, or renewal of licensure, as a bail recovery agent or a bail recovery apprentice shall include with the application a surety bond: <subsection number="53-11-113(3)(a)"> in the amount of $10,000;</subsection><subsection number="53-11-113(3)(b)"> that is in effect throughout the entire licensing period; and</subsection><subsection number="53-11-113(3)(c)"> that provides that the issuer of the surety bond will notify the bureau if the bond is cancelled or expired.</subsection></subsection><subsection number="53-11-113(4)"> The bureau shall: <subsection number="53-11-113(4)(a)"> cancel a license if the bureau receives notice that the surety bond described in Subsection <xref depth="4" refnumber="53-11-113(3)" start="0">(3)</xref> is cancelled or expired;</subsection><subsection number="53-11-113(4)(b)"> notify a licensee when the bureau cancels a license under Subsection <xref depth="4" refnumber="53-11-113(4)(a)" start="0">(4)(a)</xref>; and</subsection><subsection number="53-11-113(4)(c)"> reinstate a license that has been cancelled under Subsection <xref depth="4" refnumber="53-11-113(4)(a)" start="0">(4)(a)</xref>, and has not otherwise been revoked, when the person whose license was cancelled:<subsection number="53-11-113(4)(c)(i)"> files a surety bond described in Subsection <xref depth="4" refnumber="53-11-113(3)" start="0">(3)</xref> that is in effect for the remainder of the licensing period; and</subsection><subsection number="53-11-113(4)(c)(ii)"> pays the licensing fee described in Section <xref depth="3" refnumber="53-11-115" start="0">53-11-115</xref>.</subsection></subsection></subsection><subsection number="53-11-113(5)"><subsection number="53-11-113(5)(a)"> A license or a license renewal for a bail recovery agent or a bail recovery apprentice may not be granted to an applicant unless the employing bail bond recovery agency has on file with the department evidence of current workers' compensation coverage.</subsection><subsection number="53-11-113(5)(b)"> A bail recovery agent or bail recovery apprentice license may not be reinstated without providing verification of the reinstatement of the workers' compensation coverage and payment of the reinstatement fee required in Section <xref depth="3" refnumber="53-11-115" start="0">53-11-115</xref>.</subsection><subsection number="53-11-113(5)(c)"> The provisions of this Subsection <xref depth="4" refnumber="53-11-113(5)" start="0">(5)</xref> do not apply to a bail recovery agent or bail recovery apprentice who is working for a bail bond recovery agency as an independent contractor.</subsection></subsection></section><section number="53-11-114"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Enacted by Chapter <modchap sess="1998GS">257</modchap>, 1998 General Session</history><modyear>1998</modyear></histories><catchline>Licensure -- Qualification credit for specified training.</catchline><subsection number="53-11-114(1)"> An applicant under this chapter may be exempt from meeting all or a portion of the experience or training requirements for licensure if the applicant: <subsection number="53-11-114(1)(a)"> holds a criminal justice bachelor's degree from an accredited college or university;</subsection><subsection number="53-11-114(1)(b)"> is certified to have successfully completed the state Peace Officers Standards and Training basic training course provided under Section <xref depth="3" refid="C53-6-S202_1800010118000101" refnumber="53-6-202" start="0">53-6-202</xref>; or</subsection><subsection number="53-11-114(1)(c)"> provides adequate proof of having successfully completed a training course which the board finds is essentially similar to the training course under Subsection <xref depth="4" refid="C53-11-S114_1800010118000101" refnumber="53-11-114(1)(b)" start="0">(1)(b)</xref>.</subsection></subsection><subsection number="53-11-114(2)"> The board determines to what extent training listed under this section may meet the experience or training requirements for licensure under this chapter.</subsection></section><section number="53-11-115"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2018GS">417</modchap>, 2018 General Session</history><modyear>2018</modyear></histories><catchline>License fees -- Deposit in General Fund.</catchline><subsection number="53-11-115(1)"> Fees for individual and agency licensure, registration, and renewal shall be set in accordance with Section <xref depth="3" refnumber="63J-1-504" start="0">63J-1-504</xref>.</subsection><subsection number="53-11-115(2)"><subsection number="53-11-115(2)(a)"> The bureau may renew a license granted under this chapter upon receipt of an application on forms as prescribed by the board and upon receipt of the applicable fees if the licensee's application meets all the requirements for renewal.</subsection><subsection number="53-11-115(2)(b)"> If the bureau determines the license renewal application does not meet all the requirements for renewal, the bureau shall submit the renewal application to the board for review and action.</subsection><subsection number="53-11-115(2)(c)"> A license may not be renewed more than 90 days after its expiration.</subsection><subsection number="53-11-115(2)(d)"> A licensee may not engage in any activity subject to this chapter during any period between the date of expiration of the license and the renewal of the license.</subsection></subsection><subsection number="53-11-115(3)"><subsection number="53-11-115(3)(a)"> The board may reinstate a suspended license upon completion of the term of suspension.</subsection><subsection number="53-11-115(3)(b)"> Renewal of the license does not entitle the licensee, while the license remains suspended and until it is reinstated, to engage in any activity regulated by this chapter, or in any other activity or conduct in violation of the order or judgment by which the license was suspended.</subsection></subsection><subsection number="53-11-115(4)"> The board may not reinstate a revoked license or accept an application for a license from a person whose license has been revoked for at least one year after the date of revocation.</subsection><subsection number="53-11-115(5)"> All fees, except the fingerprint processing fee, collected by the department under this section shall be deposited in the General Fund.</subsection></section><section number="53-11-116"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2025GS">302</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Issuance of license and card to applicant -- License period -- Expiration of application -- Transfer of license prohibited.</catchline><subsection number="53-11-116(1)"><subsection number="53-11-116(1)(a)">The board shall issue a license to an applicant who complies with the provisions of this chapter.</subsection><subsection number="53-11-116(1)(b)">Each license shall:<subsection number="53-11-116(1)(b)(i)">contain the name and address of the licensee, the classification of license, and the number of the license; and</subsection><subsection number="53-11-116(1)(b)(ii)">be issued for a period of two years.</subsection></subsection></subsection><subsection number="53-11-116(2)"><subsection number="53-11-116(2)(a)">When the board issues the license, it shall also issue an identification card the design of which shall be approved by the commissioner in accordance with Section <xref depth="3" refid="C53-11-S116.5_1800010118000101" refnumber="53-11-116.5" start="0">53-11-116.5</xref>.</subsection><subsection number="53-11-116(2)(b)">The identification card shall be issued without charge to the licensee if an individual, or if the licensee is an agency, to each of its licensed employees and contract employees, and is evidence the licensee and the licensee's employees and contract employees are licensed under this chapter.</subsection></subsection><subsection number="53-11-116(3)"><subsection number="53-11-116(3)(a)">If an identification card issued to a person states on it any bail bond agencies for which the cardholder works, that person shall return the card to the employer upon termination of the person's work relationship with the bail bond agency licensee.</subsection><subsection number="53-11-116(3)(b)">Within five days the licensee shall mail or deliver the card to the commissioner for cancellation.</subsection></subsection><subsection number="53-11-116(4)"><subsection number="53-11-116(4)(a)">When the commissioner notifies an applicant that licensure as a bail bond recovery agency is ready for issuance, the applicant shall complete the application process within 90 days.</subsection><subsection number="53-11-116(4)(b)">Failure to complete the process results in cancellation of the application and forfeiture of all fees paid to that point.</subsection><subsection number="53-11-116(4)(c)">Subsequent application by the same applicant requires the payment of all application and license fees prescribed in Section <xref depth="3" refid="C53-11-S115_1800010118000101" refnumber="53-11-115" start="0">53-11-115</xref>.</subsection></subsection><subsection number="53-11-116(5)">A bail bond agency licensee shall notify the commissioner of any change in the name or address of the bail bond agency licensee's business and of any change of employees or contract employees within 30 days after the change.</subsection><subsection number="53-11-116(6)"><subsection number="53-11-116(6)(a)">All new employees and contract employees of an agency who are licensed under this chapter shall submit applications on forms prescribed by the board.</subsection><subsection number="53-11-116(6)(b)">Upon board approval, identification cards shall be issued without charge.</subsection></subsection></section><section number="53-11-116.5"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Enacted by Chapter <modchap sess="1999GS">266</modchap>, 1999 General Session</history><modyear>1999</modyear></histories><catchline>Identification cards.</catchline><subsection number="53-11-116.5(1)"> A person licensed under this chapter as a bail enforcement agent or a bail recovery agent shall carry an identification card issued under this section.</subsection><subsection number="53-11-116.5(2)"><subsection number="53-11-116.5(2)(a)"> Bail bond agencies may submit designs for an identification card that shall be used for identification purposes by bail enforcement agents and bail recovery agents licensed under this chapter.</subsection><subsection number="53-11-116.5(2)(b)"> The commissioner shall establish a procedure for the submitting of identification card designs and shall select one design to be used for all identification cards issued under this section.</subsection><subsection number="53-11-116.5(2)(c)"> The identification card design:<subsection number="53-11-116.5(2)(c)(i)"> may not resemble any identification card currently in use by a law enforcement agency within the state; and</subsection><subsection number="53-11-116.5(2)(c)(ii)"> shall include: <subsection number="53-11-116.5(2)(c)(ii)(A)"> the licensee's classification of licensure;</subsection><subsection number="53-11-116.5(2)(c)(ii)(B)"> the license number; and</subsection><subsection number="53-11-116.5(2)(c)(ii)(C)"> a current photo of the licensee.</subsection></subsection></subsection><subsection number="53-11-116.5(2)(d)"> The department of public safety shall issue identification cards, upon notification by the board that a license has been issued.</subsection></subsection></section><section number="53-11-117"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Enacted by Chapter <modchap sess="1998GS">257</modchap>, 1998 General Session</history><modyear>1998</modyear></histories><catchline>Workers' compensation requirements for employees' licensure.</catchline><subsection number="53-11-117(1)"> An applicant for licensure under this section who is employed by a bail bond recovery agency may not obtain or renew a license unless the employer has on file with the department evidence of current workers' compensation coverage.</subsection><subsection number="53-11-117(2)"> The applicant's license may only be reinstated upon verification by the department of the reinstatement of the workers' compensation coverage and payment of the reinstatement fee required under Section <xref depth="3" refid="C53-11-S115_1800010118000101" refnumber="53-11-115" start="0">53-11-115</xref>.</subsection><subsection number="53-11-117(3)"> This section does not apply to contract employees.</subsection></section><section number="53-11-118"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2008GS">382</modchap>, 2008 General Session</history><modyear>2008</modyear></histories><catchline>Grounds for denial of license -- Appeal.</catchline><subsection number="53-11-118(1)"> The board may deny a license application or a license renewal if the applicant has: <subsection number="53-11-118(1)(a)"> committed an act that, if committed by a licensee, would be grounds for probation, suspension, or revocation of a license under this chapter;</subsection><subsection number="53-11-118(1)(b)"> employed as a bail recovery agent or bail recovery apprentice employee or contract employee a person who has been refused a license under this chapter or who has had a license revoked in any state;</subsection><subsection number="53-11-118(1)(c)"> committed, or aided and abetted the commission of, any act for which a license is required by this chapter, while not licensed under this chapter; or</subsection><subsection number="53-11-118(1)(d)"> knowingly made a material misstatement in connection with an application for a license or renewal of a license under this chapter.</subsection></subsection><subsection number="53-11-118(2)"> The issuance of an identification card shall be denied to an applicant if the applicant fails to meet the required licensure qualifications.</subsection><subsection number="53-11-118(3)"><subsection number="53-11-118(3)(a)"> The denial of the issuance of a license under this chapter shall be in writing and describe the basis for the denial.</subsection><subsection number="53-11-118(3)(b)"> The board's denial shall inform the applicant in writing that if the applicant desires a hearing to contest the denial, the applicant shall submit a request in writing to the commissioner within 30 days after the issuance of the denial.</subsection><subsection number="53-11-118(3)(c)"> The hearing shall be scheduled not later than 60 days after receipt of the request.</subsection></subsection><subsection number="53-11-118(4)"> The commissioner shall hear the appeal, and may: <subsection number="53-11-118(4)(a)"> return the case to the board for reconsideration;</subsection><subsection number="53-11-118(4)(b)"> modify the board's decision; or</subsection><subsection number="53-11-118(4)(c)"> reverse the board's decision.</subsection></subsection><subsection number="53-11-118(5)"> Decisions of the commissioner are subject to judicial review pursuant to Section <xref depth="3" refid="C63G-4-S402_1800010118000101" refnumber="63G-4-402" start="0">63G-4-402</xref>.</subsection></section><section number="53-11-119"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2008GS">382</modchap>, 2008 General Session</history><modyear>2008</modyear></histories><catchline>Grounds for disciplinary action.</catchline><subsection number="53-11-119(1)"> The board may take disciplinary action under Subsection <xref depth="4" refnumber="53-11-119(2)" start="0">(2)</xref>, <xref depth="4" refnumber="53-11-119(4)" start="0">(4)</xref>, or <xref depth="4" refnumber="53-11-119(5)" start="0">(5)</xref> regarding a license granted under this chapter if the board finds the licensee commits any of the following while engaged in activities regulated under this chapter: <subsection number="53-11-119(1)(a)"> fraud or willful misrepresentation in applying for an original license or renewal of an existing license;</subsection><subsection number="53-11-119(1)(b)"> using any letterhead, advertising, or other printed matter in any manner representing that the licensee is an instrumentality of the federal government, a state, or any political subdivision of a state;</subsection><subsection number="53-11-119(1)(c)"> using a name different from that under which the licensee is currently licensed for any advertising, solicitation, or contract to secure business unless the name is an authorized fictitious name;</subsection><subsection number="53-11-119(1)(d)"> impersonating, permitting, or aiding and abetting an employee to impersonate a law enforcement officer or employee of the United States, any state, or a political subdivision of a state;</subsection><subsection number="53-11-119(1)(e)"> knowingly violating, advising, encouraging, or assisting in the violation of any statute, court order, or injunction in the course of conducting an agency regulated under this chapter;</subsection><subsection number="53-11-119(1)(f)"> falsifying fingerprints or photographs while operating under this chapter;</subsection><subsection number="53-11-119(1)(g)"> has a conviction for:<subsection number="53-11-119(1)(g)(i)"> a felony;</subsection><subsection number="53-11-119(1)(g)(ii)"> any act involving illegally using, carrying, or possessing a dangerous weapon;</subsection><subsection number="53-11-119(1)(g)(iii)"> any act involving moral turpitude;</subsection><subsection number="53-11-119(1)(g)(iv)"> any act of personal violence or force against any person or conviction of threatening to commit any act of personal violence or force against any person;</subsection><subsection number="53-11-119(1)(g)(v)"> any act constituting dishonesty or fraud;</subsection><subsection number="53-11-119(1)(g)(vi)"> impersonating a peace officer; or</subsection><subsection number="53-11-119(1)(g)(vii)"> any act of illegally obtaining or disseminating private, controlled, or protected records under Section <xref depth="3" refnumber="63G-2-801" start="0">63G-2-801</xref>;</subsection></subsection><subsection number="53-11-119(1)(h)"> soliciting business for an attorney in return for compensation;</subsection><subsection number="53-11-119(1)(i)"> being placed on probation, parole, compensatory service, or named in an outstanding arrest warrant;</subsection><subsection number="53-11-119(1)(j)"> committing, or permitting any employee or contract employee to commit any act during the period between the expiration of a license for failure to renew within the time fixed by this chapter, and the reinstatement of the license, that would be cause for the suspension or revocation of the license or grounds for denial of the application for the license;</subsection><subsection number="53-11-119(1)(k)"> willfully neglecting to render to a client services or a report as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties, but if the investigator chooses to withdraw from the case and returns the funds for work not yet done, no violation of this section exists;</subsection><subsection number="53-11-119(1)(l)"> failing or refusing to cooperate with, failing to provide truthful information to, or refusing access to an authorized representative of the department engaged in an official investigation;</subsection><subsection number="53-11-119(1)(m)"> employing or contracting with any unlicensed or improperly licensed person or agency to conduct activities regulated under this chapter if the licensure status was known or could have been ascertained by reasonable inquiry;</subsection><subsection number="53-11-119(1)(n)"> permitting, authorizing, aiding, or in any way assisting a licensed employee to conduct services as described in this chapter on an independent contractor basis and not under the authority of the licensed agency;</subsection><subsection number="53-11-119(1)(o)"> failure to maintain in full force and effect workers' compensation insurance, if applicable;</subsection><subsection number="53-11-119(1)(p)"> advertising in a false, deceptive, or misleading manner;</subsection><subsection number="53-11-119(1)(q)"> refusing to display the identification card issued by the department to any person having reasonable cause to verify the validity of the license;</subsection><subsection number="53-11-119(1)(r)"> committing any act of unprofessional conduct; or</subsection><subsection number="53-11-119(1)(s)"> engaging in any other conduct prohibited by this chapter.</subsection></subsection><subsection number="53-11-119(2)"> On completion of an investigation, the board may: <subsection number="53-11-119(2)(a)"> dismiss the case;</subsection><subsection number="53-11-119(2)(b)"> take emergency action;</subsection><subsection number="53-11-119(2)(c)"> issue a letter of concern, if applicable;</subsection><subsection number="53-11-119(2)(d)"> impose a civil penalty not to exceed $500;</subsection><subsection number="53-11-119(2)(e)"> place all records, evidence, findings, and conclusions and any other information pertinent to the investigation in the confidential and protected records section of the file maintained at the department; or</subsection><subsection number="53-11-119(2)(f)"> if the board finds, based on the investigation, that a violation of Subsection <xref depth="4" refnumber="53-11-119(1)" start="0">(1)</xref> has occurred, notice shall be sent to the licensee of the results of the hearing by mailing a true copy to the licensee's last-known address in the department's files by certified mail, return receipt requested.</subsection></subsection><subsection number="53-11-119(3)"> A letter of concern shall be retained by the commissioner and may be used in future disciplinary actions against a licensee.</subsection><subsection number="53-11-119(4)"><subsection number="53-11-119(4)(a)"> If the board finds, based on its investigation under Subsection <xref depth="4" refnumber="53-11-119(1)" start="0">(1)</xref>, that the public health, safety, or welfare requires emergency action, the board may order a summary suspension of a license pending proceedings for revocation or other action.</subsection><subsection number="53-11-119(4)(b)"> If the board issues an order of summary suspension, the board shall issue to the licensee a written notice of complaint and formal hearing, setting forth the charges made against the licensee and the licensee's right to a formal hearing before the board within 60 days.</subsection></subsection><subsection number="53-11-119(5)"> Based on information the board receives during a hearing it may: <subsection number="53-11-119(5)(a)"><subsection number="53-11-119(5)(a)(i)"> dismiss the complaint if the board believes it is without merit;</subsection><subsection number="53-11-119(5)(a)(ii)"> fix a period and terms of probation best adapted to educate the licensee;</subsection><subsection number="53-11-119(5)(a)(iii)"> place the license on suspension for a period of not more than 12 months; or</subsection><subsection number="53-11-119(5)(a)(iv)"> revoke the license; and</subsection></subsection><subsection number="53-11-119(5)(b)"> impose a civil penalty not to exceed $500.</subsection></subsection><subsection number="53-11-119(6)"><subsection number="53-11-119(6)(a)"> On a finding by the board that a bail recovery agency licensee committed a violation of Subsection <xref depth="4" refnumber="53-11-119(1)" start="0">(1)</xref>, the probation, suspension, or revocation terminates the employment of all licensees employed or employed by contract by the bail bond agency.</subsection><subsection number="53-11-119(6)(b)"> If a licensee who is an employee or contract employee of a bail bond agency committed a violation of Subsection <xref depth="4" refnumber="53-11-119(1)" start="0">(1)</xref>, the probation, suspension, or revocation applies only to the license held by that individual under this chapter.</subsection></subsection><subsection number="53-11-119(7)"><subsection number="53-11-119(7)(a)"> Appeal of the board's decision shall be made in writing to the commissioner within 30 days after the date of issuance of the board's decision.</subsection><subsection number="53-11-119(7)(b)"> The hearing shall be scheduled not later than 60 days after receipt of the request.</subsection><subsection number="53-11-119(7)(c)"> The commissioner shall review the finding by the board and may affirm, return to the board for reconsideration, reverse, adopt, modify, supplement, amend, or reject the recommendation of the board.</subsection></subsection><subsection number="53-11-119(8)"> A person may appeal the commissioner's decision to the district court pursuant to Section <xref depth="3" refnumber="63G-4-402" start="0">63G-4-402</xref>.</subsection><subsection number="53-11-119(9)"> All penalties collected under this section shall be deposited in the General Fund.</subsection></section><section number="53-11-120"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Enacted by Chapter <modchap sess="1998GS">257</modchap>, 1998 General Session</history><modyear>1998</modyear></histories><catchline>Requirement to identify employing agency.</catchline><tab/>Upon request, a licensee shall immediately identify the name, business address, and telephone number of the bail bond agency for which the licensee is an employee or an independent contractor. </section><section number="53-11-121"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2013GS">396</modchap>, 2013 General Session</history><modyear>2013</modyear></histories><catchline>False representation as a licensee -- Badge -- Identifying clothing.</catchline><subsection number="53-11-121(1)"> A licensee under this chapter may not wear a uniform, or use a title or identification card other than the one issued under this chapter, or make any statement that would lead a reasonable person to believe the licensee is connected in any way with the federal government or any state or local governmental entity, unless the licensee has received authorization in writing by one of those governmental authorities to do so.</subsection><subsection number="53-11-121(2)"> A licensee may possess a badge of a design approved by the board for use by a licensee.</subsection><subsection number="53-11-121(3)"> The licensee shall wear the badge under Subsection <xref depth="4" refid="C53-11-S121_1800010118000101" refnumber="53-11-121(2)" start="0">(2)</xref> in a manner that prevents the accidental or inadvertent display of the badge to persons in the presence of the licensee.</subsection><subsection number="53-11-121(4)"> The licensee may display the badge under Subsection <xref depth="4" refid="C53-11-S121_1800010118000101" refnumber="53-11-121(2)" start="0">(2)</xref> only if: <subsection number="53-11-121(4)(a)"> the licensee is also at the same time wearing an article of clothing that conspicuously displays on the chest and back of the article of clothing lettering that clearly identifies the licensee as a bail enforcement or recovery agent;</subsection><subsection number="53-11-121(4)(b)"> the licensee also displays the licensee's identification card described in Section <xref depth="3" refid="C53-11-S116.5_1800010118000101" refnumber="53-11-116.5" start="0">53-11-116.5</xref>, either:<subsection number="53-11-121(4)(b)(i)"> upon request, while acting as a bail enforcement agent; or</subsection><subsection number="53-11-121(4)(b)(ii)"> as necessary for the licensee to demonstrate authority while acting as a bail enforcement agent;</subsection></subsection><subsection number="53-11-121(4)(c)"> the licensee is making a planned apprehension of a defendant, and the licensee is also wearing an article of clothing described in Subsection <xref depth="4" refid="C53-11-S121_1800010118000101" refnumber="53-11-121(4)(a)" start="0">(4)(a)</xref> or Subsection <xref depth="4" refid="C53-11-S121_1800010118000101" refnumber="53-11-121(5)" start="0">(5)</xref>;</subsection><subsection number="53-11-121(4)(d)"> the licensee is making an apprehension that is unplanned and under exigent circumstances, and the licensee is not wearing clothing described in Subsection <xref depth="4" refid="C53-11-S121_1800010118000101" refnumber="53-11-121(4)(a)" start="0">(4)(a)</xref> or Subsection <xref depth="4" refid="C53-11-S121_1800010118000101" refnumber="53-11-121(5)" start="0">(5)</xref>; or</subsection><subsection number="53-11-121(4)(e)"> the licensee is acting as a bail enforcement agent but is not engaged in a planned apprehension or in another situation that does not require that the agent be wearing clothing as described in Subsection <xref depth="4" refid="C53-11-S121_1800010118000101" refnumber="53-11-121(4)(a)" start="0">(4)(a)</xref> or <xref depth="4" refid="C53-11-S121_1800010118000101" refnumber="53-11-121(5)" start="0">(5)</xref> in order to display the badge.</subsection></subsection><subsection number="53-11-121(5)"> A licensee may wear a jacket of a distinctive design or style that bears a printed, embroidered, or otherwise permanently attached symbol, emblem, or insignia that: <subsection number="53-11-121(5)(a)"> clearly identifies the wearer as a bail enforcement or recovery agent; and</subsection><subsection number="53-11-121(5)(b)"> is approved by the board.</subsection></subsection><subsection number="53-11-121(6)"> When a licensee is acting as a bail enforcement agent and interacts with a law enforcement officer, the licensee shall, at the first opportunity, identify him or herself to the law enforcement officer and shall provide identification as a bail enforcement agent.</subsection></section><section number="53-11-122"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2025GS">302</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Requirements during search and seizure -- Notification of law enforcement agency.</catchline><tab/>A bail enforcement agent, bail recovery agent, or bail recovery apprentice shall observe the following requirements before taking action authorized under this chapter:<subsection number="53-11-122(1)">identify himself or herself as a "bail enforcement agent," "bail recovery agent," or "bail recovery apprentice"; and</subsection><subsection number="53-11-122(2)">comply with the notification requirements of Section <xref depth="3" refid="C53-11-S123_1800010118000101" refnumber="53-11-123" start="0">53-11-123</xref>.</subsection></section><section number="53-11-123"><enddate type="RP">9/1/2026</enddate><histories><history>Repealed by Chapter <modchap sess="2026GS">44</modchap>, 2026 General Session</history><modyear>2026</modyear><history>Amended by Chapter <modchap sess="2025GS">302</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Notification of local law enforcement.</catchline><subsection number="53-11-123(1)"><subsection number="53-11-123(1)(a)">A bail enforcement agent or bail recovery agent who is searching for or planning to apprehend a person shall notify the local law enforcement agency if the search or apprehension will be conducted in an occupied structure within that law enforcement agency's jurisdiction.</subsection><subsection number="53-11-123(1)(b)">When possible, notification shall be provided before taking action, but always within 24 hours of taking action.</subsection><subsection number="53-11-123(1)(c)">When a bail enforcement agent or bail recovery agent is preparing to enter an occupied structure to carry out an arrest, the agent shall verbally advise the local law enforcement agency of the agent's location and intended action prior to acting.</subsection></subsection><subsection number="53-11-123(2)">A bail enforcement agent, bail recovery agent, and bail recovery apprentice shall each carry a written document providing proof and cause for the actions the agent or apprentice is taking as a licensee, and shall make the document available to local law enforcement agencies upon request.</subsection></section><section number="53-11-124"><enddate type="RP">9/1/2026</enddate><histories><history>Amended by Chapter <modchap sess="2026GS">291</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Penalties.</catchline><tab/>Any violation of this chapter is a class A misdemeanor, unless the circumstances of the violation amount to an offense subject to a greater criminal penalty under Title 76, Criminal Offenses.</section></chapter><chapter number="53-13"><catchline>Peace Officer Classifications</catchline><section number="53-13-101"><histories><history>Amended by Chapter <modchap sess="1999GS">92</modchap>, 1999 General Session</history><modyear>1999</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this chapter:<subsection number="53-13-101(1)"> "Auxiliary officer" means a sworn, certified, and supervised special function officer, as described by Section <xref depth="3" refid="C53-13-S112_1800010118000101" refnumber="53-13-112" start="0">53-13-112</xref>.</subsection><subsection number="53-13-101(2)"> "Certified" means recognized and accepted by the division as having successfully met and maintained the standards and training requirements set and approved by the director of the division with the advice and consent of the council.</subsection><subsection number="53-13-101(3)"> "Collateral duty" means a duty to corroborate and support a peace officer function that is secondary and supplemental to the primary duty of the position.</subsection><subsection number="53-13-101(4)"> "Council" means the Peace Officer Standards and Training Council created in Section <xref depth="3" refid="C53-6-S106_1800010118000101" refnumber="53-6-106" start="0">53-6-106</xref>.</subsection><subsection number="53-13-101(5)"> "Director" means the director of the Peace Officer Standards and Training Division appointed under Section <xref depth="3" refid="C53-6-S104_1800010118000101" refnumber="53-6-104" start="0">53-6-104</xref>.</subsection><subsection number="53-13-101(6)"> "Division" means the Peace Officer Standards and Training Division created in Section <xref depth="3" refid="C53-6-S103_1800010118000101" refnumber="53-6-103" start="0">53-6-103</xref>.</subsection><subsection number="53-13-101(7)"> "Local law enforcement agency" means a law enforcement agency of any political subdivision of the state.</subsection><subsection number="53-13-101(8)"> "Primary duties" means those duties which come first in degree of effort and importance.</subsection><subsection number="53-13-101(9)"> "Principal duties" means those duties which are the highest and foremost in responsibility.</subsection><subsection number="53-13-101(10)"> "Reserve officer" means a sworn and certified peace officer, whether paid or voluntary, who: <subsection number="53-13-101(10)(a)"> is serving in a reserve capacity for a law enforcement agency that is part of or administered by the state or any of its political subdivisions; and</subsection><subsection number="53-13-101(10)(b)"> meets the basic and in-service training requirements of the peace officer classification in which the officer will function.</subsection></subsection><subsection number="53-13-101(11)"> "Spectrum" means that which encompasses the scope of authority. "Full spectrum" encompasses total 24-hour authority; while anything less than full authority is contained or restricted within certain limits as set forth by statute, ordinance, policy, or rule.</subsection><subsection number="53-13-101(12)"> "Sworn" means having taken the oath of office set forth in Utah Constitution Article IV, Section 10, administered by the law enforcement agency for whom a peace officer works.</subsection><subsection number="53-13-101(13)"> "Volunteer" means an officer who donates service without pay or other compensation except expenses actually and reasonably incurred as approved by the supervising agency.</subsection><subsection number="53-13-101(14)"><subsection number="53-13-101(14)(a)"> "While on duty" means while an officer is actually performing the job duties and work activities assigned by the employing agency and for which the officer is trained and certified, and may include time spent outside those duties and activities if that additional time involves an activity that is an integral and necessary part of the job, and is spent for the benefit, and under the direction of, the employing agency.</subsection><subsection number="53-13-101(14)(b)"> "While on duty" does not include the time an officer spends commuting between the officer's home and place of employment unless that time involves an activity in Subsection <xref depth="4" refid="C53-13-S101_1800010118000101" refnumber="53-13-101(14)(a)" start="0">(14)(a)</xref>.</subsection></subsection></section><section number="53-13-102"><histories><history>Renumbered and Amended by Chapter <modchap sess="1998GS">282</modchap>, 1998 General Session</history><modyear>1998</modyear></histories><catchline>Peace officer classifications.</catchline><tab/>The following officers may exercise peace officer authority only as specifically authorized by law:<subsection number="53-13-102(1)"> law enforcement officers;</subsection><subsection number="53-13-102(2)"> correctional officers;</subsection><subsection number="53-13-102(3)"> special function officers; and</subsection><subsection number="53-13-102(4)"> federal officers.</subsection></section><section number="53-13-103"><histories><history>Amended by Chapter <modchap sess="2025S1">9</modchap>, 2025 Special Session 1</history><modyear>2025</modyear></histories><catchline>Law enforcement officer.</catchline><subsection number="53-13-103(1)"><subsection number="53-13-103(1)(a)">"Law enforcement officer" means a sworn and certified peace officer:<subsection number="53-13-103(1)(a)(i)">who is an employee of a law enforcement agency; and</subsection><subsection number="53-13-103(1)(a)(ii)">whose primary and principal duties consist of the prevention and detection of crime and the enforcement of criminal statutes or ordinances of this state or any of its political subdivisions.</subsection></subsection><subsection number="53-13-103(1)(b)">"Law enforcement officer" includes the following:<subsection number="53-13-103(1)(b)(i)">a sheriff or deputy sheriff, chief of police, police officer, or marshal of any county, city, or town;</subsection><subsection number="53-13-103(1)(b)(ii)">the commissioner of public safety and any member of the Department of Public Safety certified as a peace officer;</subsection><subsection number="53-13-103(1)(b)(iii)">all individuals specified in Section <xref depth="3" refnumber="79-2-704">79-2-704</xref>;</subsection><subsection number="53-13-103(1)(b)(iv)">a police officer employed by an institution of higher education;</subsection><subsection number="53-13-103(1)(b)(v)">investigators for the Motor Vehicle Enforcement Division;</subsection><subsection number="53-13-103(1)(b)(vi)">investigators for the Department of Insurance, Fraud Division;</subsection><subsection number="53-13-103(1)(b)(vii)">special agents or investigators employed by the attorney general, district attorneys, and county attorneys;</subsection><subsection number="53-13-103(1)(b)(viii)">employees of the Department of Natural Resources designated as peace officers by law;</subsection><subsection number="53-13-103(1)(b)(ix)">school district police officers as designated by the board of education for the school district;</subsection><subsection number="53-13-103(1)(b)(x)">the executive director of the Department of Corrections and any correctional enforcement or investigative officer designated by the executive director and approved by the commissioner of public safety and certified by the division;</subsection><subsection number="53-13-103(1)(b)(xi)">correctional enforcement, investigative, or Division of Adult Probation and Parole officers employed by the Department of Corrections serving on or before July 1, 1993;</subsection><subsection number="53-13-103(1)(b)(xii)">members of a law enforcement agency established by a private college or university if the agency is certified by the commissioner under Chapter 19, Certification of Private Law Enforcement Agency;</subsection><subsection number="53-13-103(1)(b)(xiii)">airport police officers of any airport owned or operated by the state or any of its political subdivisions; and</subsection><subsection number="53-13-103(1)(b)(xiv)">transit police officers designated under Section <xref depth="3" refnumber="17B-2a-822">17B-2a-822</xref>.</subsection></subsection></subsection><subsection number="53-13-103(2)">Law enforcement officers may serve criminal process and arrest violators of any law of this state and have the right to require aid in executing their lawful duties.</subsection><subsection number="53-13-103(3)"><subsection number="53-13-103(3)(a)">A law enforcement officer has statewide full-spectrum peace officer authority, but the authority extends to other counties, cities, or towns only when the officer is acting under Title <xref depth="1" refnumber="77-9">77, Chapter 9</xref>, Uniform Act on Fresh Pursuit, unless the law enforcement officer is employed by the state.</subsection><subsection number="53-13-103(3)(b)"><subsection number="53-13-103(3)(b)(i)">A local law enforcement agency may limit the jurisdiction in which its law enforcement officers may exercise their peace officer authority to a certain geographic area.</subsection><subsection number="53-13-103(3)(b)(ii)">Notwithstanding Subsection <xref depth="4" refnumber="53-13-103(3)(b)(i)">(3)(b)(i)</xref>, a law enforcement officer may exercise authority outside of the limited geographic area, pursuant to Title <xref depth="1" refnumber="77-9">77, Chapter 9</xref>, Uniform Act on Fresh Pursuit, if the officer is pursuing an offender for an offense that occurred within the limited geographic area.</subsection></subsection><subsection number="53-13-103(3)(c)">The authority of law enforcement officers employed by the Department of Corrections is regulated by Title <xref depth="1" refnumber="64-13">64, Chapter 13</xref>, Department of Corrections - State Prison.</subsection></subsection><subsection number="53-13-103(4)">A law enforcement officer shall, prior to exercising peace officer authority:<subsection number="53-13-103(4)(a)"><subsection number="53-13-103(4)(a)(i)">have satisfactorily completed the requirements of Section <xref depth="3" refnumber="53-6-205">53-6-205</xref>; or</subsection><subsection number="53-13-103(4)(a)(ii)">have met the waiver requirements in Section <xref depth="3" refnumber="53-6-206">53-6-206</xref>; and</subsection></subsection><subsection number="53-13-103(4)(b)">have satisfactorily completed annual certified training of at least 40 hours per year as directed by the director of the division, with the advice and consent of the council.</subsection></subsection></section><section number="53-13-104"><histories><history>Amended by Chapter <modchap sess="2022GS">10</modchap>, 2022 General Session</history><modyear>2022</modyear></histories><catchline>Correctional officer.</catchline><subsection number="53-13-104(1)"><subsection number="53-13-104(1)(a)"> "Correctional officer" means a sworn and certified officer employed by the Department of Corrections, any political subdivision of the state, or any private entity which contracts with the state or its political subdivisions to incarcerate inmates who is charged with the primary duty of providing community protection.</subsection><subsection number="53-13-104(1)(b)"> "Correctional officer" includes an individual assigned to carry out any of the following types of functions:<subsection number="53-13-104(1)(b)(i)"> controlling, transporting, supervising, and taking into custody of persons arrested or convicted of crimes;</subsection><subsection number="53-13-104(1)(b)(ii)"> supervising and preventing the escape of persons in state and local incarceration facilities;</subsection><subsection number="53-13-104(1)(b)(iii)"> guarding and managing inmates and providing security and enforcement services at a correctional facility; and</subsection><subsection number="53-13-104(1)(b)(iv)"> employees of the Board of Pardons and Parole serving on or before September 1, 1993, whose primary responsibility is to prevent and detect crime, enforce criminal statutes, and provide security to the Board of Pardons and Parole, and who are designated by the Board of Pardons and Parole, approved by the commissioner of public safety, and certified by the Peace Officer Standards and Training Division.</subsection></subsection></subsection><subsection number="53-13-104(2)"><subsection number="53-13-104(2)(a)"> Correctional officers have peace officer authority only while on duty. The authority of correctional officers employed by the Department of Corrections is regulated by <xref depth="1" refnumber="64-13" start="0">Title 64, Chapter 13, Department of Corrections - State Prison</xref>.</subsection><subsection number="53-13-104(2)(b)"> Correctional officers may carry firearms only if authorized by and under conditions specified by the director of the Department of Corrections or the chief law enforcement officer of the employing agency.</subsection></subsection><subsection number="53-13-104(3)"><subsection number="53-13-104(3)(a)"> An individual may not exercise the authority of an adult correctional officer until the individual has satisfactorily completed a basic training program for correctional officers and the director of the Department of Corrections has certified the completion of training to the director of the division.</subsection><subsection number="53-13-104(3)(b)"> An individual may not exercise the authority of a county correctional officer until:<subsection number="53-13-104(3)(b)(i)"> the individual has satisfactorily completed a basic training program for correctional officers and any other specialized training required by the local law enforcement agency; and</subsection><subsection number="53-13-104(3)(b)(ii)"> the chief administrator of the local law enforcement agency has certified the completion of training to the director of the division.</subsection></subsection></subsection><subsection number="53-13-104(4)"><subsection number="53-13-104(4)(a)"> The Department of Corrections of the state shall establish and maintain a correctional officer basic course and in-service training programs as approved by the director of the division with the advice and consent of the council.</subsection><subsection number="53-13-104(4)(b)"> The in-service training shall:<subsection number="53-13-104(4)(b)(i)"> consist of no fewer than 40 hours per year; and</subsection><subsection number="53-13-104(4)(b)(ii)"> be conducted by the agency's own staff or other agencies.</subsection></subsection></subsection><subsection number="53-13-104(5)"> The local law enforcement agencies may establish correctional officer basic, advanced, or in-service training programs as approved by the director of the division with the advice and consent of the council.</subsection><subsection number="53-13-104(6)"> An individual shall be 19 years old or older before being certified or employed as a correctional officer under this section.</subsection></section><section number="53-13-105"><histories><history>Amended by Chapter <modchap sess="2026GS">170</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Special function officer.</catchline><subsection number="53-13-105(1)"><subsection number="53-13-105(1)(a)">"Special function officer" means a sworn and certified peace officer performing specialized investigations, service of legal process, security functions, or specialized ordinance, rule, or regulatory functions.</subsection><subsection number="53-13-105(1)(b)">"Special function officer" includes:<subsection number="53-13-105(1)(b)(i)">state military police;</subsection><subsection number="53-13-105(1)(b)(ii)">constables;</subsection><subsection number="53-13-105(1)(b)(iii)">port-of-entry agents as defined in Section <xref depth="3" refnumber="72-1-102" start="0">72-1-102</xref>;</subsection><subsection number="53-13-105(1)(b)(iv)">authorized employees or agents of the Department of Transportation assigned to administer and enforce the provisions of <xref depth="1" refnumber="72-9" start="0">Title 72, Chapter 9, Motor Carrier Safety Act</xref>;</subsection><subsection number="53-13-105(1)(b)(v)">school district security officers;</subsection><subsection number="53-13-105(1)(b)(vi)">Utah State Hospital security officers designated pursuant to Section <xref depth="3" refnumber="26B-5-303" start="0">26B-5-303</xref>;</subsection><subsection number="53-13-105(1)(b)(vii)">Utah State Developmental Center security officers designated pursuant to Section <xref depth="3" refnumber="26B-6-506" start="0">26B-6-506</xref>;</subsection><subsection number="53-13-105(1)(b)(viii)">fire arson investigators for any political subdivision of the state;</subsection><subsection number="53-13-105(1)(b)(ix)">ordinance enforcement officers employed by municipalities or counties may be special function officers;</subsection><subsection number="53-13-105(1)(b)(x)">employees of the Department of Natural Resources who have been designated to conduct supplemental enforcement functions as a collateral duty;</subsection><subsection number="53-13-105(1)(b)(xi)">railroad special agents deputized by a county sheriff under Section <xref depth="3" refnumber="17-76-202">17-76-202</xref> or <xref depth="3" refnumber="17-76-303">17-76-303</xref> or appointed under Section <xref depth="3" refnumber="56-1-21.5" start="0">56-1-21.5</xref>;</subsection><subsection number="53-13-105(1)(b)(xii)">auxiliary officers, as described by Section <xref depth="3" refnumber="53-13-112" start="0">53-13-112</xref>;</subsection><subsection number="53-13-105(1)(b)(xiii)">special agents, process servers, and investigators employed by city attorneys;</subsection><subsection number="53-13-105(1)(b)(xiv)">criminal tax investigators designated under Section <xref depth="3" refnumber="59-1-206" start="0">59-1-206</xref>; and</subsection><subsection number="53-13-105(1)(b)(xv)">all other persons designated by statute as having special function officer authority or limited peace officer authority.</subsection></subsection></subsection><subsection number="53-13-105(2)"><subsection number="53-13-105(2)(a)">A special function officer may exercise that spectrum of peace officer authority that has been designated by statute to the employing agency, and only while on duty, and not for the purpose of general law enforcement.</subsection><subsection number="53-13-105(2)(b)">If the special function officer is charged with security functions respecting facilities or property, the powers may be exercised only in connection with acts occurring on the property where the officer is employed or when required for the protection of the employer's interest, property, or employees.</subsection><subsection number="53-13-105(2)(c)">A special function officer may carry firearms only while on duty, and only if authorized and under conditions specified by the officer's employer or chief administrator.</subsection><subsection number="53-13-105(2)(d)">While on duty, a special function officer employed by an elected sheriff or by a law enforcement agency of the state or of a political subdivision may respond to situations observed by the special function officer, whether on or off the officer's assigned duty location, and is authorized to perform collateral duties for the purposes of public safety, pending arrival of law enforcement officers from a local law enforcement agency.</subsection></subsection><subsection number="53-13-105(3)"><subsection number="53-13-105(3)(a)">A special function officer may not exercise the authority of a special function officer until:<subsection number="53-13-105(3)(a)(i)">the officer has satisfactorily completed an approved basic training program for special function officers as provided under Subsection <xref depth="4" refnumber="53-13-105(4)" start="0">(4)</xref>; and</subsection><subsection number="53-13-105(3)(a)(ii)">the chief law enforcement officer or administrator has certified this fact to the director of the division.</subsection></subsection><subsection number="53-13-105(3)(b)">City and county constables and their deputies shall certify their completion of training to the legislative governing body of the city or county they serve.</subsection></subsection><subsection number="53-13-105(4)"><subsection number="53-13-105(4)(a)">The agency that the special function officer serves may establish and maintain a basic special function course and in-service training programs as approved by the director of the division with the advice and consent of the council.</subsection><subsection number="53-13-105(4)(b)">The in-service training shall consist of no fewer than 40 hours per year and may be conducted by the agency's own staff or by other agencies.</subsection></subsection><subsection number="53-13-105(5)"><subsection number="53-13-105(5)(a)">An individual shall be 19 years old or older before being certified or employed as a special function officer.</subsection><subsection number="53-13-105(5)(b)">A special function officer who is under 21 years old may only work as a correctional officer in accordance with Section <xref depth="3" refnumber="53-13-104" start="0">53-13-104</xref>.</subsection></subsection></section><section number="53-13-106"><histories><history>Amended by Chapter <modchap sess="2025GS">243</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Federal officers -- State law enforcement authority.</catchline><subsection number="53-13-106(1)"><subsection number="53-13-106(1)(a)">"Federal agency" means:<subsection number="53-13-106(1)(a)(i)">the United States Bureau of Land Management;</subsection><subsection number="53-13-106(1)(a)(ii)">the United States Forest Service;</subsection><subsection number="53-13-106(1)(a)(iii)">the National Park Service;</subsection><subsection number="53-13-106(1)(a)(iv)">the United States Fish and Wildlife Service;</subsection><subsection number="53-13-106(1)(a)(v)">the United States Bureau of Reclamation;</subsection><subsection number="53-13-106(1)(a)(vi)">the United States Environmental Protection Agency;</subsection><subsection number="53-13-106(1)(a)(vii)">the United States Army Corps of Engineers; and</subsection><subsection number="53-13-106(1)(a)(viii)">the Department of Veterans Affairs.</subsection></subsection><subsection number="53-13-106(1)(b)">"Federal employee" means an employee of a federal agency.</subsection><subsection number="53-13-106(1)(c)">"Federal officer" includes:<subsection number="53-13-106(1)(c)(i)">a special agent of the Federal Bureau of Investigation;</subsection><subsection number="53-13-106(1)(c)(ii)">a special agent of the United States Secret Service;</subsection><subsection number="53-13-106(1)(c)(iii)">a special agent of the United States Department of Homeland Security, excluding a customs inspector;</subsection><subsection number="53-13-106(1)(c)(iv)">a special agent of the Bureau of Alcohol, Tobacco and Firearms;</subsection><subsection number="53-13-106(1)(c)(v)">a special agent of the Drug Enforcement Administration;</subsection><subsection number="53-13-106(1)(c)(vi)">a United States marshal, deputy marshal, and special deputy United States marshal; </subsection><subsection number="53-13-106(1)(c)(vii)">a U.S. postal inspector of the United States Postal Inspection Service; and</subsection><subsection number="53-13-106(1)(c)(viii)">a police officer of the Department of Veterans Affairs.</subsection></subsection><subsection number="53-13-106(1)(d)"><subsection number="53-13-106(1)(d)(i)">Federal officers listed in Subsection <xref depth="4" refnumber="53-13-106(1)(c)" start="0">(1)(c)</xref> have statewide law enforcement authority relating to felony offenses under the laws of this state. This Subsection <xref depth="4" refnumber="53-13-106(1)(d)(i)" start="0">(1)(d)(i)</xref> takes precedence over Subsection <xref depth="4" refnumber="53-13-106(2)" start="0">(2)</xref>.</subsection><subsection number="53-13-106(1)(d)(ii)">Federal agencies and federal employees may exercise law enforcement authority related to misdemeanor and felony offenses under Utah law only as established by an agreement as provided in Subsection <xref depth="4" refnumber="53-13-106(1)(d)(iii)" start="0">(1)(d)(iii)</xref> and as provided in Section <xref depth="3" refnumber="53-13-106.9" start="0">53-13-106.9</xref> or pursuant to Section <xref depth="3" refnumber="53-13-106.7" start="0">53-13-106.7</xref>. This Subsection <xref depth="4" refnumber="53-13-106(1)(d)(ii)" start="0">(1)(d)(ii)</xref> takes precedence over Subsection <xref depth="4" refnumber="53-13-106(2)" start="0">(2)</xref>.</subsection><subsection number="53-13-106(1)(d)(iii)">Consistent with Section <xref depth="3" refnumber="53-13-106.9" start="0">53-13-106.9</xref>, county sheriffs may enter into agreements with federal agencies that allow concurrent authority to enforce federal laws and state and local laws, provided that:<subsection number="53-13-106(1)(d)(iii)(A)">the agreement is limited to a term of not more than two years; and</subsection><subsection number="53-13-106(1)(d)(iii)(B)">the officers granted authority under the agreement have completed a 20-hour training course that is focused on Utah criminal law and procedure and that is approved by the director of the Peace Officer Standards and Training Division.</subsection></subsection></subsection><subsection number="53-13-106(1)(e)">The council may designate other federal peace officers, as necessary, if the officers:<subsection number="53-13-106(1)(e)(i)">are persons employed full-time by the United States government as federally recognized law enforcement officers primarily responsible for the investigation and enforcement of the federal laws;</subsection><subsection number="53-13-106(1)(e)(ii)">have successfully completed formal law enforcement training offered by an agency of the federal government consisting of not less than 400 hours; and</subsection><subsection number="53-13-106(1)(e)(iii)">maintain in-service training in accordance with the standards set forth in Section <xref depth="3" refnumber="53-13-103" start="0">53-13-103</xref>.</subsection></subsection></subsection><subsection number="53-13-106(2)">Except as otherwise provided under <xref depth="1" refnumber="63L-1" start="0">Title 63L, Chapter 1, Federal Jurisdiction</xref>, and <xref depth="1" refnumber="77-9" start="0">Title 77, Chapter 9, Uniform Act on Fresh Pursuit</xref>, a federal officer may exercise state law enforcement authority only if:<subsection number="53-13-106(2)(a)">the state law enforcement agencies and county sheriffs with jurisdiction enter into an agreement with the federal agency to be given authority; and</subsection><subsection number="53-13-106(2)(b)">except as provided in Subsection <xref depth="4" refnumber="53-13-106(3)" start="0">(3)</xref>, each federal officer employed by the federal agency meets the waiver requirements set forth in Section <xref depth="3" refnumber="53-6-206" start="0">53-6-206</xref>.</subsection></subsection><subsection number="53-13-106(3)">A federal officer working as such in the state on or before July 1, 1995, may exercise state law enforcement authority without meeting the waiver requirement.</subsection><subsection number="53-13-106(4)">At any time, consistent with any contract with a federal agency, a state or local law enforcement authority may withdraw state law enforcement authority from any individual federal officer by sending written notice to the federal agency and to the division.</subsection><subsection number="53-13-106(5)">The authority of a federal officer under this section is limited to the jurisdiction of the authorizing state or local agency, and may be further limited by the state or local agency to enforcing specific statutes, codes, or ordinances.</subsection></section><section number="53-13-106.1"><histories><history>Amended by Chapter <modchap sess="2020GS">153</modchap>, 2020 General Session</history><modyear>2020</modyear></histories><catchline>State and local law enforcement officers and federal employees -- Definitions.</catchline><tab/>As used in this section and in Sections <xref depth="3" refnumber="53-13-106.2" start="0">53-13-106.2</xref> through <xref depth="3" refnumber="53-13-106.10" start="0">53-13-106.10</xref>:<subsection number="53-13-106.1(1)"> "Exercise law enforcement authority" and "exercise of law enforcement authority" means: <subsection number="53-13-106.1(1)(a)"> to take any action on private land, state-owned land, or federally managed land, to investigate, stop, serve process, search, arrest, cite, book, or incarcerate a person for a federal, state, or local criminal violation when the action is based on:<subsection number="53-13-106.1(1)(a)(i)"> a federal statute, regulation, or rule;</subsection><subsection number="53-13-106.1(1)(a)(ii)"> a state or local statute, ordinance, regulation, or rule; or</subsection><subsection number="53-13-106.1(1)(a)(iii)"> a state or local statute, ordinance, regulation, or rule that is being enforced by a federal agency pursuant to the Assimilative Crimes Act, 18 U.S.C. Sec. 13; or</subsection></subsection><subsection number="53-13-106.1(1)(b)"> to gain access to or use the correctional or communication facilities and equipment of any state or local law enforcement agency.</subsection></subsection><subsection number="53-13-106.1(2)"> "Federal agency" means a federal agency that manages federally managed land or regulates activities on that land, including: <subsection number="53-13-106.1(2)(a)"> the United States Bureau of Land Management;</subsection><subsection number="53-13-106.1(2)(b)"> the United States Forest Service;</subsection><subsection number="53-13-106.1(2)(c)"> the National Park Service;</subsection><subsection number="53-13-106.1(2)(d)"> the United States Fish and Wildlife Service;</subsection><subsection number="53-13-106.1(2)(e)"> the United States Bureau of Reclamation;</subsection><subsection number="53-13-106.1(2)(f)"> the United States Environmental Protection Agency;</subsection><subsection number="53-13-106.1(2)(g)"> the United States Army Corps of Engineers; and</subsection><subsection number="53-13-106.1(2)(h)"> the Department of Veterans Affairs.</subsection></subsection><subsection number="53-13-106.1(3)"> "Federal employee" means an employee or other agent of a federal agency, but does not include: <subsection number="53-13-106.1(3)(a)"> a special agent of the Federal Bureau of Investigation;</subsection><subsection number="53-13-106.1(3)(b)"> a special agent of the United States Secret Service;</subsection><subsection number="53-13-106.1(3)(c)"> a special agent of the United States Department of Homeland Security, unless the employee is a customs inspector or detention removal officer;</subsection><subsection number="53-13-106.1(3)(d)"> a special agent of the Bureau of Alcohol, Tobacco, Firearms, and Explosives;</subsection><subsection number="53-13-106.1(3)(e)"> a special agent of the United States Drug Enforcement Administration;</subsection><subsection number="53-13-106.1(3)(f)"> a United States marshal, deputy marshal, or special deputy United States marshal;</subsection><subsection number="53-13-106.1(3)(g)"> a United States postal inspector of the United States Postal Inspection Service; or</subsection><subsection number="53-13-106.1(3)(h)"> a police officer of the Department of Veterans Affairs.</subsection></subsection><subsection number="53-13-106.1(4)"> "Federally managed land" means land managed by the following federal agencies: <subsection number="53-13-106.1(4)(a)"> the United States Bureau of Land Management;</subsection><subsection number="53-13-106.1(4)(b)"> the United States Forest Service;</subsection><subsection number="53-13-106.1(4)(c)"> the National Park Service;</subsection><subsection number="53-13-106.1(4)(d)"> the United States Fish and Wildlife Service;</subsection><subsection number="53-13-106.1(4)(e)"> the United States Bureau of Reclamation; and</subsection><subsection number="53-13-106.1(4)(f)"> the Department of Veterans Affairs.</subsection></subsection><subsection number="53-13-106.1(5)"> "Proprietary jurisdiction federally managed land" means all federally managed land as defined in this section except: <subsection number="53-13-106.1(5)(a)"> buildings, installations, and other structures under the exclusive jurisdiction of the Congress of the United States pursuant to the United States Constitution, Article I, Section 8, Clause 17; and</subsection><subsection number="53-13-106.1(5)(b)"> parcels that constitute federal enclaves subject to the concurrent jurisdiction of the United States and the state of Utah.</subsection></subsection></section><section number="53-13-106.2"><histories><history>Enacted by Chapter <modchap sess="2014GS">317</modchap>, 2014 General Session</history><modyear>2014</modyear></histories><catchline>State and local law enforcement officers and federal employees -- Exercise of federal law enforcement authority when based on a federal enactment.</catchline><tab/>Subject to Sections <xref depth="3" refnumber="53-13-106.6" start="0">53-13-106.6</xref> and <xref depth="3" refnumber="53-13-106.7" start="0">53-13-106.7</xref>, and Subsection <xref depth="4" refnumber="53-13-106.9(1)" start="0">53-13-106.9(1)</xref>:<subsection number="53-13-106.2(1)"> State and local law enforcement officers may recognize a federal employee's exercise of law enforcement authority, either on or off federally managed land, when the exercise is consistent with the Constitution of the United States and based on: <subsection number="53-13-106.2(1)(a)"> a federal statute other than the Assimilative Crimes Act, 18 U.S.C. Sec. 13; or</subsection><subsection number="53-13-106.2(1)(b)"> a federal regulation that is authorized by a federal statute other than the Assimilative Crimes Act, 18 U.S.C. Sec. 13.</subsection></subsection><subsection number="53-13-106.2(2)"> Notwithstanding Subsection <xref depth="4" refnumber="53-13-106.2(1)" start="0">53-13-106.2(1)</xref>, state and local law enforcement officers may recognize a federal employee's exercise of law enforcement authority, on federally managed land other than proprietary jurisdiction federally managed land, when the exercise is consistent with the Constitution of the United States and based on: <subsection number="53-13-106.2(2)(a)"> a federal statute, including the Assimilative Crimes Act, 18 U.S.C. Sec. 13; or</subsection><subsection number="53-13-106.2(2)(b)"> a federal regulation that is authorized by a federal statute including the Assimilative Crimes Act, 18 U.S.C. Sec. 13.</subsection></subsection></section><section number="53-13-106.3"><histories><history>Enacted by Chapter <modchap sess="2014GS">317</modchap>, 2014 General Session</history><modyear>2014</modyear></histories><catchline>State and local law enforcement officers and federal employees -- Exercise of federal law enforcement authority when based on a state or local enactment.</catchline><tab/>Subject to Section <xref depth="3" refnumber="53-13-106.7" start="0">53-13-106.7</xref> and Subsection <xref depth="4" refnumber="53-13-106.9(1)" start="0">53-13-106.9(1)</xref>, state and local law enforcement officers are not authorized to recognize a federal employee's exercise of law enforcement authority, either on or off federally managed land, when the exercise is based on a state or local statute, ordinance, regulation, or rule.</section><section number="53-13-106.4"><histories><history>Enacted by Chapter <modchap sess="2014GS">317</modchap>, 2014 General Session</history><modyear>2014</modyear></histories><catchline>State and county sheriff law enforcement officers and federal employees -- Enforcement of federal laws and regulations by state and county sheriff officers.</catchline><tab/>A state law enforcement agency or a county sheriff may assist a federal agency or federal employee to enforce federal statutes and regulations on lands managed pursuant to 43 U.S.C. Secs. 1701-1736 and Secs. 1737-1782, Federal Land Policy Management Act, after the state law enforcement agency or a county sheriff has entered into an agreement authorized by Subsection <xref depth="4" refnumber="53-13-106.9(3)" start="0">53-13-106.9(3)</xref>.</section><section number="53-13-106.6"><histories><history>Enacted by Chapter <modchap sess="2014GS">317</modchap>, 2014 General Session</history><modyear>2014</modyear></histories><catchline>State and local law enforcement officers and federal employees -- Exercise of federal law enforcement authority to enforce the Federal Land Policy Management Act.</catchline><tab/>Notwithstanding Section <xref depth="3" refnumber="53-13-106.2" start="0">53-13-106.2</xref>, state and local law enforcement officers are authorized to recognize a federal employee's exercise of law enforcement authority to enforce the provisions of the Federal Land Policy Management Act on proprietary jurisdiction federally managed land, only if the exercise is consistent with the Constitution of the United States and based on:<subsection number="53-13-106.6(1)"> a federal statute other than the Assimilative Crimes Act, 18 U.S.C. Sec. 13; or</subsection><subsection number="53-13-106.6(2)"> a federal regulation that is: <subsection number="53-13-106.6(2)(a)"> authorized by a federal statute other than the Assimilative Crimes Act, 18 U.S.C. Sec. 13; and</subsection><subsection number="53-13-106.6(2)(b)"> necessary to implement the provisions of the Federal Land Policy Management Act with respect to the management, use, and protection of the public lands, including the property located on those lands, as provided in 43 U.S.C. Sec. 1733(a).</subsection></subsection></section><section number="53-13-106.7"><histories><history>Enacted by Chapter <modchap sess="2014GS">317</modchap>, 2014 General Session</history><modyear>2014</modyear></histories><catchline>State and local law enforcement officers and federal employees -- Exercise of federal law enforcement authority based on state law during emergency.</catchline><tab/>Notwithstanding Section <xref depth="3" refnumber="53-13-106.3" start="0">53-13-106.3</xref>, state and local law enforcement officers are authorized to recognize a federal employee's limited exercise of law enforcement authority on federally managed land in cases of a violation of a state or local statute, ordinance, regulation, or rule when:<subsection number="53-13-106.7(1)"> the offense is an emergency and poses an immediate risk of bodily injury or damage to property;</subsection><subsection number="53-13-106.7(2)"> a state, county, or municipal law enforcement officer is not reasonably available to take action;</subsection><subsection number="53-13-106.7(3)"> the action is within the scope of the employee's or official's law enforcement power; and</subsection><subsection number="53-13-106.7(4)"> the federal employee turns the matter, as well as the custody of any detained citizen, over to the state, county, or municipal law enforcement officer for further action as soon as the officer becomes available.</subsection></section><section number="53-13-106.8"><histories><history>Enacted by Chapter <modchap sess="2014GS">317</modchap>, 2014 General Session</history><modyear>2014</modyear></histories><catchline>State and local law enforcement officers and federal employees -- Use of correctional and communication facilities.</catchline><tab/>State and local government agencies may not allow any federal agency access to or use of the correctional and communication facilities and equipment of any state or local law enforcement agency without the express written consent of the appropriate responsible official of the state or local law enforcement agency.</section><section number="53-13-106.9"><histories><history>Enacted by Chapter <modchap sess="2014GS">317</modchap>, 2014 General Session</history><modyear>2014</modyear></histories><catchline>State and county sheriff law enforcement officers and federal employees -- Interagency agreements.</catchline><tab/>Notwithstanding Section <xref depth="3" refnumber="53-13-106.3" start="0">53-13-106.3</xref>:<subsection number="53-13-106.9(1)"> County sheriffs may enter into agreements with federal agencies granting limited authority to specific federal employees to exercise law enforcement powers to enforce federal state and local laws, provided the agreements are limited to a term not to exceed two years and the officers granted authority have completed a 20-hour course focusing on Utah law and process approved by the director of the Peace Officer Standards and Training Division.</subsection><subsection number="53-13-106.9(2)"> State law enforcement agencies may, with the consent of the local county sheriff, enter into agreements as described in Subsection <xref depth="4" refnumber="53-13-106.9(1)" start="0">(1)</xref>, provided that the agreements may not exceed a duration of two years.</subsection><subsection number="53-13-106.9(3)"> Local county sheriffs may enter into agreements with federal agencies requiring fair compensation for assisting a federal agency or federal employee to enforce federal statutes and regulations managed pursuant to 43 U.S.C. Secs. 1701-1736 and 43 U.S.C. Secs. 1737-1782, Federal Land Policy Management Act.</subsection></section><section number="53-13-106.10"><histories><history>Enacted by Chapter <modchap sess="2014GS">317</modchap>, 2014 General Session</history><modyear>2014</modyear></histories><catchline>State and local law enforcement officers and federal employees -- Review by county sheriffs.</catchline><tab/>County sheriffs shall regularly review the duties and activities of federal agencies that have law enforcement responsibilities and that are acting within the jurisdictional area of the county to determine if the federal agencies are acting consistently with this section.</section><section number="53-13-106.11"><histories><history>Enacted by Chapter <modchap sess="2016GS">383</modchap>, 2016 General Session</history><modyear>2016</modyear></histories><catchline>Agreement for local law enforcement to enforce federal law -- Legal recourse to enforce.</catchline><subsection number="53-13-106.11(1)"> As used in this section: <subsection number="53-13-106.11(1)(a)"> "Bureau" means the Bureau of Land Management, within the department.</subsection><subsection number="53-13-106.11(1)(b)"> "Department" means the United States Department of the Interior.</subsection></subsection><subsection number="53-13-106.11(2)"> The chief executive officer of a political subdivision or a county sheriff may, in accordance with Subsection <xref depth="4" refnumber="53-13-106.11(3)" start="0">(3)</xref>, determine that the bureau's failure to enter into an agreement described in Subsection <xref depth="4" refnumber="53-13-106.9(3)" start="0">53-13-106.9(3)</xref> violates the political subdivision's rights under 43 U.S.C. Sec. 1733(c)(1).</subsection><subsection number="53-13-106.11(3)"> In evaluating whether a violation of 43 U.S.C. Sec. 1733(c)(1) has occurred, the chief executive officer of a political subdivision or a county sheriff may consider: <subsection number="53-13-106.11(3)(a)"> whether the bureau or the department has, by the words or actions of an employee or agent of the bureau or department, effectively determined that assistance is necessary in enforcing federal laws and regulations relating to public lands or the resources of public lands;</subsection><subsection number="53-13-106.11(3)(b)"> whether the bureau or the department has:<subsection number="53-13-106.11(3)(b)(i)"> offered to contract with appropriate officials of the political subdivision that have law enforcement authority in the political subdivision's jurisdiction; and</subsection><subsection number="53-13-106.11(3)(b)(ii)"> made an offer described in Subsection <xref depth="4" refnumber="53-13-106.11(3)(b)(i)" start="0">(3)(b)(i)</xref> with the view of achieving maximum feasible reliance upon local law enforcement officials in enforcing federal laws and regulations relating to public lands or the resources of public lands;</subsection></subsection><subsection number="53-13-106.11(3)(c)"> whether the bureau or the department has negotiated on reasonable terms with local officials who have authority to enter into a contract described in Subsection <xref depth="4" refnumber="53-13-106.11(3)(b)" start="0">(3)(b)</xref>;</subsection><subsection number="53-13-106.11(3)(d)"> whether the contract described in Subsection <xref depth="4" refnumber="53-13-106.11(3)(b)" start="0">(3)(b)</xref> authorizes the local law enforcement officials and the local law enforcement officials' agents to:<subsection number="53-13-106.11(3)(d)(i)"> carry firearms;</subsection><subsection number="53-13-106.11(3)(d)(ii)"> execute and serve any warrant or other process issued by a court or officer of competent jurisdiction;</subsection><subsection number="53-13-106.11(3)(d)(iii)"> make arrests without a warrant or process for: <subsection number="53-13-106.11(3)(d)(iii)(A)"> a misdemeanor that a local law enforcement official or an agent of the local law enforcement official has reasonable grounds to believe is being committed in the local law enforcement official's or agent's presence or view; or</subsection><subsection number="53-13-106.11(3)(d)(iii)(B)"> a felony if a local law enforcement official or an agent of the local law enforcement official has reasonable grounds to believe that the person to be arrested has committed or is committing a felony;</subsection></subsection><subsection number="53-13-106.11(3)(d)(iv)"> search without a warrant or process any person, place, or conveyance, in accordance with federal law or rule of law; and</subsection><subsection number="53-13-106.11(3)(d)(v)"> seize without a warrant or process any evidentiary item as provided by federal law;</subsection></subsection><subsection number="53-13-106.11(3)(e)"> whether the bureau or department has provided law enforcement training as the bureau or department determines is necessary in order to carry out the contracted responsibilities; and</subsection><subsection number="53-13-106.11(3)(f)"> whether the local law enforcement officials and their agents will be guaranteed, under the contract, all immunities of federal law enforcement officials while exercising the powers and authorities granted in the contract.</subsection></subsection><subsection number="53-13-106.11(4)"> If, after consulting with the attorney general, the chief executive officer of a political subdivision or a county sheriff makes the determination described in Subsection <xref depth="4" refnumber="53-13-106.11(2)" start="0">(2)</xref>, the chief executive officer or county sheriff shall: <subsection number="53-13-106.11(4)(a)"> in accordance with Subsection <xref depth="4" refnumber="53-13-106.11(5)" start="0">(5)</xref>, serve notice of the determination on the bureau personally or by certified mail; and</subsection><subsection number="53-13-106.11(4)(b)"> provide a copy of the notice described in Subsection <xref depth="4" refnumber="53-13-106.11(4)(a)" start="0">(4)(a)</xref> to the governor, the attorney general, the state's congressional delegation, and the head of the department.</subsection></subsection><subsection number="53-13-106.11(5)"> The notice described in Subsection <xref depth="4" refnumber="53-13-106.11(4)" start="0">(4)</xref> shall include: <subsection number="53-13-106.11(5)(a)"> a detailed explanation of the basis for determining that the bureau has violated 43 U.S.C. Sec. 1733(c)(1);</subsection><subsection number="53-13-106.11(5)(b)"> a demand that the bureau and the department cease the violation and comply with 43 U.S.C. Sec. 1733(c)(1); and</subsection><subsection number="53-13-106.11(5)(c)"> a specific date, no less than 30 days after the day on which the notice is served, by which time the bureau and the department shall:<subsection number="53-13-106.11(5)(c)(i)"> cease the violation and comply with 43 U.S.C. Sec. 1733(c)(1); or</subsection><subsection number="53-13-106.11(5)(c)(ii)"> provide the chief executive officer or county sheriff described in Subsection <xref depth="4" refnumber="53-13-106.11(4)" start="0">(4)</xref> with a plan for ceasing the violation and complying with 43 U.S.C. Sec. 1733(c)(1) that is reasonably acceptable to the political subdivision.</subsection></subsection></subsection><subsection number="53-13-106.11(6)"> The chief executive officer of a political subdivision or a county sheriff may agree to a plan described in Subsection <xref depth="4" refnumber="53-13-106.11(5)(c)(ii)" start="0">(5)(c)(ii)</xref>.</subsection><subsection number="53-13-106.11(7)"><subsection number="53-13-106.11(7)(a)"> If, after the notice described in Subsections <xref depth="4" refnumber="53-13-106.11(4)" start="0">(4)</xref> and <xref depth="4" refnumber="53-13-106.11(5)" start="0">(5)</xref> is served, the bureau or the department does not respond by the date described in Subsection <xref depth="4" refnumber="53-13-106.11(5)(c)" start="0">(5)(c)</xref> or otherwise indicate that the bureau or the department is unwilling to take action to cease the violation of 43 U.S.C. Sec. 1733(c)(1), the chief executive officer or county sheriff may, after consultation with the county attorney and the attorney general, pursue all available legal remedies.</subsection><subsection number="53-13-106.11(7)(b)"> In seeking any emergency injunction for a violation of 43 U.S.C. Sec. 1733(c)(1), a chief executive officer of a political subdivision or a county sheriff shall attempt, to the extent possible, to coordinate with the state, the bureau, and the department.</subsection></subsection></section><section number="53-13-106.12"><histories><history>Enacted by Chapter <modchap sess="2016GS">383</modchap>, 2016 General Session</history><modyear>2016</modyear></histories><catchline>Law enforcement actions exceeding jurisdiction over federal land -- Procedure for determination and legal recourse.</catchline><subsection number="53-13-106.12(1)"> As used in this section: <subsection number="53-13-106.12(1)(a)"> "Bureau" means the Bureau of Land Management, within the department.</subsection><subsection number="53-13-106.12(1)(b)"> "Department" means the United States Department of the Interior.</subsection><subsection number="53-13-106.12(1)(c)"> "Jurisdictional authorization" means a federal law, or a rule or regulation adopted by the department or the bureau, that:<subsection number="53-13-106.12(1)(c)(i)"> relates to federal land administered by the bureau; and</subsection><subsection number="53-13-106.12(1)(c)(ii)"> has a logical nexus with a designated purpose of the federal land in question.</subsection></subsection></subsection><subsection number="53-13-106.12(2)"> The chief executive officer of a political subdivision or a county sheriff may, in accordance with Subsection <xref depth="4" refnumber="53-13-106.12(3)" start="0">(3)</xref>, determine that action of a law enforcement official of the bureau exceeds the bureau's jurisdictional authorization.</subsection><subsection number="53-13-106.12(3)"> In evaluating whether the action described in Subsection <xref depth="4" refnumber="53-13-106.12(2)" start="0">(2)</xref> exceeds the bureau's jurisdictional authorization, the chief executive officer of a political subdivision or a county sheriff may consider: <subsection number="53-13-106.12(3)(a)"> the nature and seriousness of the action of the bureau's law enforcement official;</subsection><subsection number="53-13-106.12(3)(b)"> the nature of the bureau's jurisdictional authorization;</subsection><subsection number="53-13-106.12(3)(c)"> the policies, plans, and positions of the political subdivision and county sheriff in the affected county that are relevant to action taken by a law enforcement official of the bureau; and</subsection><subsection number="53-13-106.12(3)(d)"> the extent and nature of any communications between the bureau, the political subdivision, and the county sheriff regarding:<subsection number="53-13-106.12(3)(d)(i)"> the actions of the bureau's law enforcement official;</subsection><subsection number="53-13-106.12(3)(d)(ii)"> the political subdivision's and county sheriff's policies, plans, and positions; or</subsection><subsection number="53-13-106.12(3)(d)(iii)"> the terms and conditions of an agreement entered into and described in Section <xref depth="3" refnumber="53-13-106.9" start="0">53-13-106.9</xref>.</subsection></subsection></subsection><subsection number="53-13-106.12(4)"> If, after consulting with the governor and the attorney general, the chief executive officer of a political subdivision or a county sheriff makes the determination described in Subsection <xref depth="4" refnumber="53-13-106.12(2)" start="0">(2)</xref>, the chief executive officer or county sheriff shall: <subsection number="53-13-106.12(4)(a)"> in accordance with Subsection <xref depth="4" refnumber="53-13-106.12(5)" start="0">(5)</xref>, serve notice of the determination on the bureau personally or by certified mail; and</subsection><subsection number="53-13-106.12(4)(b)"> provide a copy of the notice described in Subsection <xref depth="4" refnumber="53-13-106.12(4)(a)" start="0">(4)(a)</xref> to the governor, the attorney general, the state's congressional delegation, and the head of the department.</subsection></subsection><subsection number="53-13-106.12(5)"> The notice described in Subsection <xref depth="4" refnumber="53-13-106.12(4)" start="0">(4)</xref> shall include: <subsection number="53-13-106.12(5)(a)"> a detailed explanation of the basis for determining that the actions of a law enforcement official of the bureau exceed the bureau's jurisdictional authority;</subsection><subsection number="53-13-106.12(5)(b)"> a demand that the bureau and the department cease repetition of the law enforcement official's actions, and conform the official's future actions to the bureau's jurisdictional authority; and</subsection><subsection number="53-13-106.12(5)(c)"> a specific date, no less than 30 days after the day on which the notice is served, by which time the bureau and the department shall:<subsection number="53-13-106.12(5)(c)(i)"> ensure that the bureau's law enforcement official keeps the law enforcement official's actions within the limits of the bureau's jurisdictional authority; or</subsection><subsection number="53-13-106.12(5)(c)(ii)"> provide the chief executive officer or county sheriff described in Subsection <xref depth="4" refnumber="53-13-106.12(4)" start="0">(4)</xref> with a plan for ensuring that the bureau's law enforcement official's actions will be kept within the limits of the bureau's jurisdictional authority.</subsection></subsection></subsection><subsection number="53-13-106.12(6)"> The chief executive officer of a political subdivision or a county sheriff may agree to a plan described in Subsection <xref depth="4" refnumber="53-13-106.12(5)(c)(ii)" start="0">(5)(c)(ii)</xref>.</subsection><subsection number="53-13-106.12(7)"><subsection number="53-13-106.12(7)(a)"> If, after the notice described in Subsections <xref depth="4" refnumber="53-13-106.12(4)" start="0">(4)</xref> and <xref depth="4" refnumber="53-13-106.12(5)" start="0">(5)</xref> is served, the bureau or the department does not respond by the date described in Subsection <xref depth="4" refnumber="53-13-106.12(5)(c)" start="0">(5)(c)</xref> or otherwise indicates that the bureau or department is unwilling to comply with the demands described in Subsections <xref depth="4" refnumber="53-13-106.12(5)(b)" start="0">(5)(b)</xref> and <xref depth="4" refnumber="53-13-106.12(5)(c)" start="0">(c)</xref>, the chief executive officer or county sheriff may, after consultation with the county attorney, the governor, and the attorney general, pursue all available legal remedies.</subsection><subsection number="53-13-106.12(7)(b)"> In seeking any emergency injunction against the actions of a law enforcement official of the bureau that exceed the bureau's jurisdictional authority, a chief executive officer of a political subdivision or a county sheriff shall attempt, to the extent possible, to coordinate with the governor, the attorney general, and the department.</subsection></subsection></section><section number="53-13-106.13"><histories><history>Enacted by Chapter <modchap sess="2024GS">130</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Notification requirement for federal officers before the release of an alien within the state.</catchline><subsection number="53-13-106.13(1)">As used in this section:<subsection number="53-13-106.13(1)(a)"><subsection number="53-13-106.13(1)(a)(i)">"Alien" means an individual who is illegally present in the United States.</subsection><subsection number="53-13-106.13(1)(a)(ii)">"Alien" does not include a permit holder as that term is defined in Section <xref depth="3" refnumber="63G-12-102">63G-12-102</xref>.</subsection></subsection><subsection number="53-13-106.13(1)(b)">"Custody" means in the physical and legal custody of a federal law enforcement agency.</subsection><subsection number="53-13-106.13(1)(c)">"Federal law enforcement agency" means an entity or division of the federal government that exists primarily to:<subsection number="53-13-106.13(1)(c)(i)">prevent and detect crime and enforce criminal laws, statutes, and ordinances; or</subsection><subsection number="53-13-106.13(1)(c)(ii)">enforce federal immigration laws.</subsection></subsection><subsection number="53-13-106.13(1)(d)">"Federal officer" means an individual:<subsection number="53-13-106.13(1)(d)(i)">who works for a federal law enforcement agency; and</subsection><subsection number="53-13-106.13(1)(d)(ii)">whose duties consist of the investigation and enforcement of federal laws.</subsection></subsection></subsection><subsection number="53-13-106.13(2)">A federal officer may not release an alien from custody within the state unless the federal officer provides written notice three business days before the release to:<subsection number="53-13-106.13(2)(a)">the attorney general or the attorney general's designee; and</subsection><subsection number="53-13-106.13(2)(b)">the county sheriff or the county sheriff's designee of the county in which the release is to take place.</subsection></subsection><subsection number="53-13-106.13(3)">In providing the written notice under Subsection (2)(b), the federal officer shall also provide:<subsection number="53-13-106.13(3)(a)">the specific address or location where the alien will be released;</subsection><subsection number="53-13-106.13(3)(b)">the date and time at which the alien will be released; and</subsection><subsection number="53-13-106.13(3)(c)">whether the federal officer is aware of any outstanding criminal warrants concerning the alien who will be released.</subsection></subsection></section><section number="53-13-107"><histories><history>Amended by Chapter <modchap sess="2004GS">156</modchap>, 2004 General Session</history><modyear>2004</modyear></histories><catchline>Basic training requirements for position -- Peace officers temporarily in the state.</catchline><subsection number="53-13-107(1)"><subsection number="53-13-107(1)(a)"> Any person who has satisfactorily completed, before the effective date of this chapter, an approved basic training program required of the person's position may act in a certified capacity without completion of an additional basic training program.</subsection><subsection number="53-13-107(1)(b)"> Any person hired, appointed, or elected to any position designated in this chapter, except federal officer, shall satisfactorily complete the required basic training required of that position before the person is authorized to exercise peace officer powers under this chapter.</subsection></subsection><subsection number="53-13-107(2)"> Any peace officer employed by a law enforcement agency of another state and functioning in that capacity within Utah on a temporary basis is considered certified under Utah law: <subsection number="53-13-107(2)(a)"> while functioning as a peace officer within the state at the request of a Utah law enforcement agency; or</subsection><subsection number="53-13-107(2)(b)"> when conducting business as a representative of a law enforcement agency from another state.</subsection></subsection></section><section number="53-13-108"><histories><history>Amended by Chapter <modchap sess="2010GS">266</modchap>, 2010 General Session</history><modyear>2010</modyear></histories><catchline>Retirement.</catchline><tab/>Eligibility for coverage under the Public Safety Contributory Retirement System or Public Safety Noncontributory Retirement System for persons and political subdivisions included in this chapter is governed by <xref depth="1" refid="" refnumber="49-14" start="0">Title 49, Chapter 14, Public Safety Contributory Retirement Act</xref>, <xref depth="1" refid="" refnumber="49-15" start="1">Chapter 15, Public Safety Noncontributory Retirement Act</xref>, and <xref depth="1" refid="" refnumber="49-23" start="1">Chapter 23, New Public Safety and Firefighter Tier II Contributory Retirement Act</xref>. </section><section number="53-13-109"><histories><history>Renumbered and Amended by Chapter <modchap sess="1998GS">282</modchap>, 1998 General Session</history><modyear>1998</modyear></histories><catchline>References in other provisions.</catchline><tab/>When the term peace officer is used in any other provision of law, the term includes anyone authorized to exercise authority as provided in this chapter, except federal officers. </section><section number="53-13-110"><histories><history>Amended by Chapter <modchap sess="2023GS">328</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Duties to investigate specified instances of abuse or neglect.</catchline><tab/>In accordance with the requirements of Section <xref depth="3" refnumber="80-2-703" start="0">80-2-703</xref>, law enforcement officers shall investigate alleged instances of abuse or neglect of a child that occur while the child is in the custody of the Division of Child and Family Services, within the Department of Health and Human Services.</section><section number="53-13-110.5"><histories><history>Amended by Chapter <modchap sess="2022GS">430</modchap>, 2022 General Session</history><modyear>2022</modyear></histories><catchline>Retention of records of interviews of minors.</catchline><tab/>If a peace officer, or the officer's employing agency, records an interview of a minor during an investigation of a violation of Section <xref depth="3" refnumber="76-5-402.1" start="0">76-5-402.1</xref>, <xref depth="3" refnumber="76-5-402.3" start="0">76-5-402.3</xref>, <xref depth="3" refnumber="76-5-403.1" start="0">76-5-403.1</xref>, <xref depth="3" refnumber="76-5-404.1" start="0">76-5-404.1</xref>, or <xref depth="3" refnumber="76-5-404.3" start="0">76-5-404.3</xref>, the agency shall retain a copy of the recording for 18 years after the day on which the last recording of the interview is made, unless the prosecuting attorney requests in writing that the recording be retained for an additional period of time.</section><section number="53-13-111"><histories><history>Amended by Chapter <modchap sess="1999GS">92</modchap>, 1999 General Session</history><modyear>1999</modyear></histories><catchline>Peace officers serving in a reserve or auxiliary capacity.</catchline><subsection number="53-13-111(1)"><subsection number="53-13-111(1)(a)"> Nothing in this chapter shall preclude any law enforcement agency of the state or any of its political subdivisions from utilizing a sworn and certified peace officer in a reserve or auxiliary capacity.</subsection><subsection number="53-13-111(1)(b)"> A reserve or auxiliary officer has peace officer authority only while engaged in the reserve or auxiliary activities authorized by the chief or administrator of the agency the officer serves and shall only exercise that spectrum of peace officer authority:<subsection number="53-13-111(1)(b)(i)"> that the supervising agency is empowered to delegate; and</subsection><subsection number="53-13-111(1)(b)(ii)"> for which the officer has been trained and certified.</subsection></subsection></subsection><subsection number="53-13-111(2)"> While serving as a nonpaid volunteer in a reserve or auxiliary capacity, or working part-time for fewer hours than that which would qualify the officer as an "employee" under state or federal law, a peace officer is entitled to benefits in accordance with <xref depth="1" refid="C67-20_1800010118000101" refnumber="67-20" start="0">Title 67, Chapter 20, Volunteer Government Workers Act</xref>.</subsection><subsection number="53-13-111(3)"> The agency the reserve or auxiliary officer serves shall ensure that the officer meets the basic and in-service training requirements of the peace officer classification in which the officer will function.</subsection></section><section number="53-13-112"><histories><history>Enacted by Chapter <modchap sess="1999GS">92</modchap>, 1999 General Session</history><modyear>1999</modyear></histories><catchline>Auxiliary officer.</catchline><subsection number="53-13-112(1)"> An auxiliary officer is a specific category of special function officer and is required to have the level of training of a special function officer as provided in Section <xref depth="3" refid="C53-13-S105_1800010118000101" refnumber="53-13-105" start="0">53-13-105</xref>, including no fewer than 40 hours per year of in-service training.</subsection><subsection number="53-13-112(2)"> An auxiliary officer: <subsection number="53-13-112(2)(a)"> shall work under the direction and immediate supervision of a certified law enforcement officer as defined in Section <xref depth="3" refid="C53-13-S103_1800010118000101" refnumber="53-13-103" start="0">53-13-103</xref>;</subsection><subsection number="53-13-112(2)(b)"> is limited to the role of back-up officer to a law enforcement officer;</subsection><subsection number="53-13-112(2)(c)"> may not initiate any action authorized for a law enforcement officer in Section <xref depth="3" refid="C53-13-S103_1800010118000101" refnumber="53-13-103" start="0">53-13-103</xref>; and</subsection><subsection number="53-13-112(2)(d)"> may be separated from a law enforcement officer only under exigent circumstances or when engaged in functions not exclusive to law enforcement, which functions are defined by the division by rule.</subsection></subsection></section><section number="53-13-113"><histories><history>Amended by Chapter <modchap sess="2025GS">302</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Authority of peace officers to administer oaths.</catchline><tab/>A peace officer, as defined in Section <xref depth="3" refid="C53-1-S102_1800010118000101" refnumber="53-1-102" start="0">53-1-102</xref>, who is acting within the scope of the peace officer's official duties may administer oaths.</section><section number="53-13-114"><histories><history>Amended by Chapter <modchap sess="2021GS">84</modchap>, 2021 General Session</history><modyear>2021</modyear><history>Amended by Chapter <modchap sess="2021GS">345</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Off-duty peace officer working as a security officer.</catchline><tab/>A peace officer may engage in off-duty employment as a security officer under Section <xref depth="3" refnumber="58-63-304" start="0">58-63-304</xref> only if:<subsection number="53-13-114(1)"> the law enforcement agency employing the peace officer: <subsection number="53-13-114(1)(a)"> has a written policy regarding peace officer employees working while off-duty as security officers; and</subsection><subsection number="53-13-114(1)(b)"> the policy under Subsection <xref depth="4" refnumber="53-13-114(1)(a)" start="0">(1)(a)</xref> is:<subsection number="53-13-114(1)(b)(i)"> posted and publicly available on the appropriate city, county, or state website; or</subsection><subsection number="53-13-114(1)(b)(ii)"> posted on the Utah Public Notice Website created in Section <xref depth="3" refnumber="63A-16-601" start="0">63A-16-601</xref> if the law enforcement agency does not have access to a website under Subsection <xref depth="4" refnumber="53-13-114(1)(b)(i)" start="0">(1)(b)(i)</xref>.</subsection></subsection></subsection><subsection number="53-13-114(2)"> the agency's chief administrative officer, or that officer's designee, provides written authorization for an off-duty peace officer to work as a security officer; and</subsection><subsection number="53-13-114(3)"> the business or entity employing the off-duty peace officer to work as a security officer complies with state and federal income reporting and withholding requirements regarding the off-duty officer's wages.</subsection></section><section number="53-13-115"><histories><history>Enacted by Chapter <modchap sess="2020S5">6</modchap>, 2020 Special Session 5</history><modyear>2020</modyear></histories><catchline>Peace officer restraint prohibition.</catchline><subsection number="53-13-115(1)"> A peace officer may not restrain a person by the application of a knee applying pressure to the neck or throat of a person.</subsection><subsection number="53-13-115(2)"> A violation of this section shall be referred separately to the county or district attorney for review, and to the Peace Officer Standards and Training Council for investigation.</subsection><subsection number="53-13-115(3)"> A violation of this section is a third degree felony.</subsection><subsection number="53-13-115(4)"> If the violation results in: <subsection number="53-13-115(4)(a)"> serious bodily injury or loss of consciousness, it is a second degree felony; or</subsection><subsection number="53-13-115(4)(b)"> death, it is a first degree felony.</subsection></subsection></section><section number="53-13-116"><histories><history>Amended by Chapter <modchap sess="2025GS">173</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Amended by Chapter <modchap sess="2025GS">208</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Report required after pointing a firearm at an individual.</catchline><subsection number="53-13-116(1)">As used in this section:<subsection number="53-13-116(1)(a)">"Conductive energy device" means a weapon that uses electrical current to disrupt voluntary control of muscles.</subsection><subsection number="53-13-116(1)(b)">"Firearm" means the same as that term is defined in Section <xref depth="3" refnumber="76-11-101">76-11-101</xref>.</subsection><subsection number="53-13-116(1)(c)">"Law enforcement officer" means the same as that term is defined in Section <xref depth="3" refnumber="53-13-103" start="0">53-13-103</xref>.</subsection><subsection number="53-13-116(1)(d)">"Officer-involved critical incident" means the same as that term is defined in Section <xref depth="3" refnumber="76-2-408" start="0">76-2-408</xref>.</subsection></subsection><subsection number="53-13-116(2)">A law enforcement officer shall file a report described in Subsection <xref depth="4" refnumber="53-13-116(3)" start="0">(3)</xref> if, during the performance of the officer's duties:<subsection number="53-13-116(2)(a)">the officer points a firearm at an individual; or</subsection><subsection number="53-13-116(2)(b)">the officer aims a conductive energy device at an individual and displays the electrical current.</subsection></subsection><subsection number="53-13-116(3)"><subsection number="53-13-116(3)(a)">A report described in Subsection <xref depth="4" refnumber="53-13-116(2)" start="0">(2)</xref> shall include:<subsection number="53-13-116(3)(a)(i)">a description of the incident;</subsection><subsection number="53-13-116(3)(a)(ii)">the identification of the individuals involved in the incident; and</subsection><subsection number="53-13-116(3)(a)(iii)">any other information required by the law enforcement agency.</subsection></subsection><subsection number="53-13-116(3)(b)">A law enforcement officer shall submit a report required under Subsection <xref depth="4" refnumber="53-13-116(2)" start="0">(2)</xref> to the officer's law enforcement agency within 48 hours after the incident.</subsection></subsection><subsection number="53-13-116(4)">A supervisory law enforcement officer shall review a report submitted under Subsection <xref depth="4" refnumber="53-13-116(3)(b)" start="0">(3)(b)</xref>.</subsection><subsection number="53-13-116(5)">This section does not apply to:<subsection number="53-13-116(5)(a)">law enforcement training exercises; or</subsection><subsection number="53-13-116(5)(b)">an officer who, as part of an officer-involved critical incident, engaged in conduct described under Subsection <xref depth="4" refnumber="53-13-116(2)(a)" start="0">(2)(a)</xref> or <xref depth="4" refnumber="53-13-116(2)(b)" start="0">(2)(b)</xref>.</subsection></subsection></section></chapter><chapter number="53-14"><catchline>Peace Officer Information</catchline><part number="53-14-1"><catchline>Peace Officer Background Checks</catchline><section number="53-14-101"><histories><history>Amended by Chapter <modchap sess="2023GS">452</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="53-14-101(1)"> "Director" means the director of a training academy.</subsection><subsection number="53-14-101(2)"> "Employer" means a public employer or private employer.</subsection><subsection number="53-14-101(3)"> "POST" means the Peace Officer Standards and Training Division created in Section <xref depth="3" refnumber="53-6-103" start="0">53-6-103</xref>.</subsection><subsection number="53-14-101(4)"> "Training academy" means a peace officer training institution certified in accordance with the standards developed under Section <xref depth="3" refnumber="53-6-105" start="0">53-6-105</xref>.</subsection></section><section number="53-14-102"><histories><history>Enacted by Chapter <modchap sess="2023GS">452</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Background check for peace officer applicants.</catchline><tab/>A law enforcement agency may not employ a peace officer who is currently working, or has previously worked, for another law enforcement agency unless the hiring law enforcement agency:<subsection number="53-14-102(1)"> confirms that the peace officer is certified by POST or another comparable certifying agency if the peace officer is currently employed, or has previously been employed, by a law enforcement agency in a different state; and</subsection><subsection number="53-14-102(2)"> completes a background check that contains the information outlined in Subsection <xref depth="4" refnumber="53-14-103(3)" start="0">53-14-103(3)</xref>.</subsection></section><section number="53-14-103"><histories><history>Enacted by Chapter <modchap sess="2023GS">452</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Law enforcement and training academy applicants -- Employer background information -- Information required upon request.</catchline><subsection number="53-14-103(1)"> Except as provided in Subsection <xref depth="4" refnumber="53-14-103(4)" start="0">(4)</xref>, an employer or director shall provide available information regarding an individual in accordance with this section if the request for the information: <subsection number="53-14-103(1)(a)"> complies with Subsection <xref depth="4" refnumber="53-14-103(2)" start="0">(2)</xref>; and</subsection><subsection number="53-14-103(1)(b)"> is submitted by:<subsection number="53-14-103(1)(b)(i)"> if the individual is applying for employment, a law enforcement agency; or</subsection><subsection number="53-14-103(1)(b)(ii)"> if the individual is applying for admission under Section <xref depth="3" refnumber="53-6-203" start="0">53-6-203</xref> to a training academy, the director.</subsection></subsection></subsection><subsection number="53-14-103(2)"> A law enforcement agency or director requesting information under Subsection <xref depth="4" refnumber="53-14-103(1)" start="0">(1)</xref> shall: <subsection number="53-14-103(2)(a)"> make the request in writing;</subsection><subsection number="53-14-103(2)(b)"> include with the request:<subsection number="53-14-103(2)(b)(i)"> an authorization signed by the applicant and notarized by a notary public, in which the applicant consents to the release of the requested information and releases the employer or training academy providing the information from liability; and</subsection><subsection number="53-14-103(2)(b)(ii)"> a signature by a sworn officer or other authorized representative of the requesting law enforcement agency or the academy; and</subsection></subsection><subsection number="53-14-103(2)(c)"> address the request to the employer or director.</subsection></subsection><subsection number="53-14-103(3)"> A law enforcement agency or director requesting information under Subsection <xref depth="4" refnumber="53-14-103(1)" start="0">(1)</xref> shall request: <subsection number="53-14-103(3)(a)"> the date on which the applicant's employment commenced and, if applicable, the date on which the applicant's employment was terminated;</subsection><subsection number="53-14-103(3)(b)"> a list of the compensation that the employer provided to the applicant during the course of the employment;</subsection><subsection number="53-14-103(3)(c)"> a copy of the application for a position of employment that the applicant submitted to the employer;</subsection><subsection number="53-14-103(3)(d)"> a written evaluation of the performance of the applicant;</subsection><subsection number="53-14-103(3)(e)"> an attendance record of the applicant noting disciplinary action taken due to the applicant being late or absent without permission;</subsection><subsection number="53-14-103(3)(f)"> a record of disciplinary action taken against the applicant;</subsection><subsection number="53-14-103(3)(g)"> a statement regarding whether the employer would rehire the applicant and, if the employer would not rehire the applicant, the reasons why;</subsection><subsection number="53-14-103(3)(h)"> if applicable, a record setting forth the reason that the employment of the applicant was terminated and whether the termination was voluntary or involuntary;</subsection><subsection number="53-14-103(3)(i)"> the record of any final action regarding an applicant's peace officer certification that is based on an investigation concerning the applicant's qualification for certification; and</subsection><subsection number="53-14-103(3)(j)"> notice of any pending or ongoing investigation regarding the applicant's certification as a peace officer.</subsection></subsection><subsection number="53-14-103(4)"><subsection number="53-14-103(4)(a)"> In the absence of fraud or malice, an employer or training academy is not subject to any civil liability for any relevant cause of action by releasing employment information requested under this section.</subsection><subsection number="53-14-103(4)(b)"> This section does not abrogate or lessen the existing common law or statutory privileges and immunities of an employer.</subsection><subsection number="53-14-103(4)(c)"> An employer or training academy may not provide information under this section if the disclosure of the information is prohibited under federal or state law.</subsection></subsection><subsection number="53-14-103(5)"> An employer's refusal to make available information to a law enforcement agency in accordance with this section is grounds for a civil action by the requesting agency for injunctive relief requiring disclosure on the part of the employer.</subsection><subsection number="53-14-103(6)"><subsection number="53-14-103(6)(a)"><subsection number="53-14-103(6)(a)(i)"> A law enforcement agency may use the information received under this section to determine the suitability of an applicant for employment.</subsection><subsection number="53-14-103(6)(a)(ii)"> A director may use the information received under this section to determine the suitability of an applicant for acceptance at the training academy.</subsection></subsection><subsection number="53-14-103(6)(b)"> Except as provided in Subsection <xref depth="4" refnumber="53-14-103(6)(c)" start="0">(6)(c)</xref>, the recipient law enforcement agency and director shall maintain the confidentiality of information received under this section.</subsection><subsection number="53-14-103(6)(c)"><subsection number="53-14-103(6)(c)(i)"> A law enforcement agency shall share information regarding an applicant that the law enforcement agency is in possession of with another law enforcement agency if: <subsection number="53-14-103(6)(c)(i)(A)"> the information is requested by the other law enforcement agency in accordance with this section;</subsection><subsection number="53-14-103(6)(c)(i)(B)"> the applicant is also an applicant for any employment position with the other law enforcement agency; and</subsection><subsection number="53-14-103(6)(c)(i)(C)"> the confidentiality of the information is otherwise maintained.</subsection></subsection><subsection number="53-14-103(6)(c)(ii)"> A director shall share information regarding an applicant that is received under this section with another training academy if: <subsection number="53-14-103(6)(c)(ii)(A)"> the information is requested by the other training academy in accordance with this section;</subsection><subsection number="53-14-103(6)(c)(ii)(B)"> the applicant is an applicant for acceptance at the other training academy; and</subsection><subsection number="53-14-103(6)(c)(ii)(C)"> the confidentiality of the information is otherwise maintained.</subsection></subsection><subsection number="53-14-103(6)(c)(iii)"> A director shall share information regarding an applicant, attendee, or graduate of a training academy that is received under this section with a law enforcement agency if: <subsection number="53-14-103(6)(c)(iii)(A)"> the information is requested by the law enforcement agency in accordance with this section;</subsection><subsection number="53-14-103(6)(c)(iii)(B)"> the applicant is applying for a position as a peace officer with the law enforcement agency; and</subsection><subsection number="53-14-103(6)(c)(iii)(C)"> the confidentiality of the information is otherwise maintained.</subsection></subsection></subsection></subsection></section></part><part number="53-14-2"><catchline>Law Enforcement Early Intervention</catchline><section number="53-14-201"><histories><history>Enacted by Chapter <modchap sess="2023GS">452</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this part:<subsection number="53-14-201(1)"> "Early intervention system" means an electronic data-based police management tool designed to track behaviors of a law enforcement officer based on performance factors.</subsection><subsection number="53-14-201(2)"> "Grant" means a grant awarded under this part.</subsection><subsection number="53-14-201(3)"> "Program" means the Early Intervention Grant Program created in section <xref depth="3" refnumber="53-14-203" start="0">53-14-203</xref>.</subsection></section><section number="53-14-202"><histories><history>Enacted by Chapter <modchap sess="2023GS">452</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Early intervention system implementation.</catchline><subsection number="53-14-202(1)"> On or before January 1, 2025, a law enforcement agency shall use an early intervention system.</subsection><subsection number="53-14-202(2)"> Information contained in an early intervention system is part of a law enforcement officer's internal personnel file and may only be shared in accordance with Section <xref depth="3" refnumber="53-14-103" start="0">53-14-103</xref>.</subsection><subsection number="53-14-202(3)"> The department shall establish by rule, in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, the minimum standards that an early intervention system is required to meet in order for a law enforcement agency to comply with Subsection <xref depth="4" refnumber="53-14-202(1)" start="0">(1)</xref>.</subsection></section><section number="53-14-203"><histories><history>Enacted by Chapter <modchap sess="2023GS">452</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Early Intervention System Grant Program.</catchline><subsection number="53-14-203(1)"><subsection number="53-14-203(1)(a)"> There is created within the department the Early Intervention System Grant Program.</subsection><subsection number="53-14-203(1)(b)"> The purpose of the program is to award grants to law enforcement agencies to initially establish an early intervention system.</subsection></subsection><subsection number="53-14-203(2)"><subsection number="53-14-203(2)(a)"> A law enforcement agency that submits a proposal for a grant to the department shall include in the proposal:<subsection number="53-14-203(2)(a)(i)"> the plan for establishing and cost of an early intervention system;</subsection><subsection number="53-14-203(2)(a)(ii)"> a statement that the early intervention system to be established complies with the standards under Subsection <xref depth="4" refnumber="53-14-202(3)" start="0">53-14-202(3)</xref>;</subsection><subsection number="53-14-203(2)(a)(iii)"> any funding sources in addition to the grant for the proposal; and</subsection><subsection number="53-14-203(2)(a)(iv)"> other information the department determines necessary to evaluate the proposal.</subsection></subsection><subsection number="53-14-203(2)(b)"> When evaluating a proposal for a grant, the department shall consider:<subsection number="53-14-203(2)(b)(i)"> whether the proposed early intervention system meets the standards under Subsection <xref depth="4" refnumber="53-14-202(3)" start="0">53-14-202(3)</xref>;</subsection><subsection number="53-14-203(2)(b)(ii)"> the cost of the proposal;</subsection><subsection number="53-14-203(2)(b)(iii)"> the extent to which additional funding sources may benefit the proposal; and</subsection><subsection number="53-14-203(2)(b)(iv)"> the viability and sustainability of the proposal.</subsection></subsection></subsection><subsection number="53-14-203(3)"> Subject to Subsection <xref depth="4" refnumber="53-14-203(2)" start="0">(2)</xref>, the department may, in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, make rules to establish: <subsection number="53-14-203(3)(a)"> eligibility criteria for a grant;</subsection><subsection number="53-14-203(3)(b)"> the form and process for submitting a proposal to the department for a grant;</subsection><subsection number="53-14-203(3)(c)"> the method and formula for determining a grant amount; and</subsection><subsection number="53-14-203(3)(d)"> reporting requirements for a grant recipient.</subsection></subsection></section></part></chapter><chapter number="53-15"><catchline>Mcgruff Safe House Act</catchline><part number="53-15-1"><catchline>General Provisions</catchline><section number="53-15-101"><histories><history>Renumbered and Amended by Chapter <modchap sess="2008GS">382</modchap>, 2008 General Session</history><modyear>2008</modyear></histories><catchline>Title.</catchline><tab/>This chapter is known as the "McGruff Safe House Act." </section><section number="53-15-102"><histories><history>Renumbered and Amended by Chapter <modchap sess="2008GS">382</modchap>, 2008 General Session</history><modyear>2008</modyear></histories><catchline>Purpose.</catchline><subsection number="53-15-102(1)"> The Legislature recognizes that children are often in dangerous situations that may be threatening or frightening to them and that there is a need for "safe homes" in our neighborhoods where a child may go for help.</subsection><subsection number="53-15-102(2)"> The Legislature also recognizes that along with the need for "safe homes" that children can recognize easily, there is needed a method by which these homes can be identified.</subsection><subsection number="53-15-102(3)"> The purpose of this chapter is to: <subsection number="53-15-102(3)(a)"> provide and designate a recognizable symbol for those "safe homes" that children can readily identify; and</subsection><subsection number="53-15-102(3)(b)"> establish a method by which local law enforcement agencies can identify and train volunteers who are willing to make their homes "safe homes".</subsection></subsection></section></part><part number="53-15-2"><catchline>Mcgruff House Network Program</catchline><section number="53-15-201"><histories><history>Renumbered and Amended by Chapter <modchap sess="2008GS">382</modchap>, 2008 General Session</history><modyear>2008</modyear></histories><catchline>Designation -- Administration.</catchline><subsection number="53-15-201(1)"> The National McGruff House Network Program is hereby designated as the officially recognized statewide "safe house" program for Utah.</subsection><subsection number="53-15-201(2)"> The program shall be administered through the Department of Public Safety by the Utah Council for Crime Prevention.</subsection></section><section number="53-15-202"><histories><history>Renumbered and Amended by Chapter <modchap sess="2008GS">382</modchap>, 2008 General Session</history><modyear>2008</modyear></histories><catchline>Program requirements.</catchline><subsection number="53-15-202(1)"> The statewide program administrator shall: <subsection number="53-15-202(1)(a)"> provide support and training upon request to local law enforcement agencies interested in implementing the program in their area;</subsection><subsection number="53-15-202(1)(b)"> provide local programs with signs for display in approved "safe homes"; and</subsection><subsection number="53-15-202(1)(c)"> maintain a register of all "safe homes" that includes, at a minimum, the address of the home and the names of all persons living in the home.</subsection></subsection><subsection number="53-15-202(2)"> The local program shall: <subsection number="53-15-202(2)(a)"> recruit volunteer "safe homes" in neighborhoods with the help of local community groups;</subsection><subsection number="53-15-202(2)(b)"> provide training and education to volunteers regarding the program and its use;</subsection><subsection number="53-15-202(2)(c)"> provide for an application process for volunteers;</subsection><subsection number="53-15-202(2)(d)"> conduct criminal history background checks on volunteers and members of their households;</subsection><subsection number="53-15-202(2)(e)"> approve or disapprove applications for "safe homes";</subsection><subsection number="53-15-202(2)(f)"> provide education through community programs for parents and children on the program and the proper use of "safe homes";</subsection><subsection number="53-15-202(2)(g)"> provide approved "safe homes" with signs for display;</subsection><subsection number="53-15-202(2)(h)"> provide procedures by which a "safe home" may be removed from the register; and</subsection><subsection number="53-15-202(2)(i)"> provide for a method of renewal of the "safe home" designation in order to keep the registry current and provide for the periodic review of the "safe home", the volunteer, and all members of the household.</subsection></subsection></section></part></chapter><chapter number="53-17"><catchline>Public Safety Officer and Firefighter Line-of-duty Death Act</catchline><part number="53-17-1"><catchline>General Provisions</catchline><section number="53-17-101"><histories><history>Enacted by Chapter <modchap sess="2015GS">166</modchap>, 2015 General Session</history><modyear>2015</modyear></histories><catchline>Title.</catchline><tab/>This chapter is known as the "Public Safety Officer and Firefighter Line-of-Duty Death Act."</section><section number="53-17-102"><histories><history>Amended by Chapter <modchap sess="2018GS">303</modchap>, 2018 General Session</history><modyear>2018</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this chapter:<subsection number="53-17-102(1)"> "Board" means Local Public Safety and Firefighter Surviving Spouse Trust Fund Board of Trustees created in Section <xref depth="3" refnumber="53-17-402" start="0">53-17-402</xref>.</subsection><subsection number="53-17-102(2)"> "Child" or "children" means a child of a member, including a stepchild and a legally adopted child who is under the age of 26.</subsection><subsection number="53-17-102(3)"> "Employer" means a law enforcement agency or other state or local government agency that: <subsection number="53-17-102(3)(a)"> is a participating employer; and</subsection><subsection number="53-17-102(3)(b)"> employs one or more public safety service employees or firefighter service employees who are eligible to earn service credit in a Utah Retirement System under <xref depth="0" refnumber="49" start="0">Title 49, Utah State Retirement and Insurance Benefit Act</xref>.</subsection></subsection><subsection number="53-17-102(4)"> "Firefighter service employee" means the same as that term is defined in Section <xref depth="3" refnumber="49-16-102" start="0">49-16-102</xref> or <xref depth="3" refnumber="49-23-102" start="0">49-23-102</xref>.</subsection><subsection number="53-17-102(5)"> "Member" means the same as that term is defined in Section <xref depth="3" refnumber="49-11-102" start="0">49-11-102</xref>.</subsection><subsection number="53-17-102(6)"> "Participating employer" means the same as that term is defined in Section <xref depth="3" refnumber="49-11-102" start="0">49-11-102</xref>.</subsection><subsection number="53-17-102(7)"> "Public safety service employee" means the same as that term is defined in Section <xref depth="3" refnumber="49-14-102" start="0">49-14-102</xref>, <xref depth="3" refnumber="49-15-102" start="0">49-15-102</xref>, or <xref depth="3" refnumber="49-23-102" start="0">49-23-102</xref>.</subsection><subsection number="53-17-102(8)"> "Trust Fund" means the Local Public Safety and Firefighter Surviving Spouse Trust Fund created in Section <xref depth="3" refnumber="53-17-301" start="0">53-17-301</xref>.</subsection></section></part><part number="53-17-2"><catchline>Health Coverage for a Surviving Spouse</catchline><section number="53-17-201"><histories><history>Amended by Chapter <modchap sess="2025GS">56</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Surviving spouse and children health, dental, and vision coverage for line-of-duty death.</catchline><subsection number="53-17-201(1)"><subsection number="53-17-201(1)(a)">Subject to Subsection <xref depth="4" refnumber="53-17-201(1)(b)" start="0">(1)(b)</xref>, and in accordance with this section, an employer shall allow the surviving spouse and children of a member whose death is classified by the Utah State Retirement Office as a line-of-duty death under the provisions of <xref depth="0" refnumber="49" start="0">Title 49, Utah State Retirement and Insurance Benefit Act</xref>, to remain eligible for the following coverage, if offered by the employer, as if the surviving spouse was an employee of the employer:<subsection number="53-17-201(1)(a)(i)">health coverage;</subsection><subsection number="53-17-201(1)(a)(ii)">dental coverage; and</subsection><subsection number="53-17-201(1)(a)(iii)">vision coverage.</subsection></subsection><subsection number="53-17-201(1)(b)">Except as provided in Subsection <xref refnumber="53-17-201(1)(d)" depth="4">(1)(d)</xref>, the employer shall pay:<subsection number="53-17-201(1)(b)(i)">100% of the premium costs for the coverage described in Subsection <xref refnumber="53-17-201(1)(a)" depth="4">(1)(a)</xref>; and</subsection><subsection number="53-17-201(1)(b)(ii)">if the health coverage is a high-deductible plan, the employer share of any contribution into a health savings account for the surviving spouse and dependent children as described under Subsections (1)(a) and (2).</subsection></subsection><subsection number="53-17-201(1)(c)">The employer may not require the surviving spouse to pay for premium costs or health savings account contributions as a condition of qualifying to continue to receive the coverage described in Subsection <xref refnumber="53-17-201(1)(a)" depth="4">(1)(a)</xref>.</subsection><subsection number="53-17-201(1)(d)">An employer may pay the amount specified under Subsection <xref depth="4" refnumber="53-17-201(1)(b)" start="0">(1)(b)</xref> through a cost-sharing agreement under Section <xref depth="3" refnumber="53-17-301" start="0">53-17-301</xref> associated with the trust fund created under Section <xref depth="3" refnumber="53-17-401" start="0">53-17-401</xref>.</subsection></subsection><subsection number="53-17-201(2)">An employer shall allow a surviving spouse and children to remain eligible to receive coverage from the employer under this section at the option of the surviving spouse:<subsection number="53-17-201(2)(a)">for the surviving spouse, until the surviving spouse becomes eligible for Medicare; and</subsection><subsection number="53-17-201(2)(b)">for a child, until the child reaches the age of 26.</subsection></subsection><subsection number="53-17-201(3)">This section does not apply to:<subsection number="53-17-201(3)(a)">a member who does not qualify for a line-of-duty death benefit under <xref depth="0" refnumber="49" start="0">Title 49, Utah State Retirement and Insurance Benefit Act</xref>;</subsection><subsection number="53-17-201(3)(b)">coverage for which, at the time of death, the member did not receive or qualify to receive; or</subsection><subsection number="53-17-201(3)(c)">a member who is covered under Section <xref depth="3" refnumber="49-20-406" start="0">49-20-406</xref>.</subsection></subsection></section></part><part number="53-17-3"><catchline>Cost-sharing Agreements</catchline><section number="53-17-301"><histories><history>Amended by Chapter <modchap sess="2018GS">303</modchap>, 2018 General Session</history><modyear>2018</modyear></histories><catchline>Cost-sharing agreements -- Deadlines -- Terms -- Reports -- Rulemaking.</catchline><subsection number="53-17-301(1)"><subsection number="53-17-301(1)(a)"> An employer shall participate in the trust fund by:<subsection number="53-17-301(1)(a)(i)"> entering into a cost-sharing agreement with the commissioner under this section; and</subsection><subsection number="53-17-301(1)(a)(ii)"> paying the cost-sharing rate determined by the board.</subsection></subsection><subsection number="53-17-301(1)(b)"><subsection number="53-17-301(1)(b)(i)"> In accordance with the requirements of this Subsection <xref depth="4" refnumber="53-17-301(1)(b)" start="0">(1)(b)</xref>, a participating employer that employs a public safety officer or firefighter but does not cover the public safety officer or firefighter as a public safety service employee or firefighter service employee for retirement purposes may elect to participate in the trust fund in accordance with the requirements of this Subsection <xref depth="4" refnumber="53-17-301(1)(b)" start="0">(1)(b)</xref>.</subsection><subsection number="53-17-301(1)(b)(ii)"> A participating employer described in Subsection <xref depth="4" refnumber="53-17-301(1)(b)(i)" start="0">(1)(b)(i)</xref> may participate in the trust fund by: <subsection number="53-17-301(1)(b)(ii)(A)"> making an election described in Subsection <xref depth="4" refnumber="53-17-301(1)(b)(iii)" start="0">(1)(b)(iii)</xref>;</subsection><subsection number="53-17-301(1)(b)(ii)(B)"> entering into a cost-sharing agreement with the commissioner under this section; and</subsection><subsection number="53-17-301(1)(b)(ii)(C)"> paying the cost-sharing rate determined by the board.</subsection></subsection><subsection number="53-17-301(1)(b)(iii)"> An election under Subsection <xref depth="4" refnumber="53-17-301(1)(b)(ii)(A)" start="0">(1)(b)(ii)(A)</xref> shall be documented by a resolution adopted by the participating employer.</subsection><subsection number="53-17-301(1)(b)(iv)"> If a participating employer makes an election under Subsection <xref depth="4" refnumber="53-17-301(1)(b)(ii)" start="0">(1)(b)(ii)</xref>, the provisions of this part apply to: <subsection number="53-17-301(1)(b)(iv)(A)"> the participating employer as an employer; and</subsection><subsection number="53-17-301(1)(b)(iv)(B)"> all employees of the participating employer as members.</subsection></subsection><subsection number="53-17-301(1)(b)(v)"> An employee of a participating employer described in this Subsection <xref depth="4" refnumber="53-17-301(1)(b)" start="0">(1)(b)</xref> is not eligible for coverage under <xref depth="2" refnumber="53-17-2" start="2">Part 2, Health Coverage for a Surviving Spouse</xref>, if the employee is not eligible to earn service credit in a Utah Retirement System under <xref depth="0" refnumber="49" start="0">Title 49, Utah State Retirement and Insurance Benefit Act</xref>.</subsection></subsection></subsection><subsection number="53-17-301(2)"><subsection number="53-17-301(2)(a)"> Subject to the terms of the cost-sharing agreement, an employer that participates in accordance with this section, and stays current with its payments, shall be considered to have paid the employer's full obligation under Subsection <xref depth="4" refnumber="53-17-201(1)(b)" start="0">53-17-201(1)(b)</xref>.</subsection><subsection number="53-17-301(2)(b)"> An employer that participates in accordance with this section and that does not stay current with its payments may not be covered from the trust fund.</subsection><subsection number="53-17-301(2)(c)"> An employer is liable to the trust fund for failure to make a payment pursuant to the cost-sharing agreement in violation of this part.</subsection></subsection><subsection number="53-17-301(3)"> An employer shall be covered from the trust fund for a line-of-duty death that occurs on or after July 1, 2005.</subsection><subsection number="53-17-301(4)"> The commissioner shall: <subsection number="53-17-301(4)(a)"> in consultation with the board, establish a form and language for a cost-sharing agreement required to use trust funds in accordance with this section;</subsection><subsection number="53-17-301(4)(b)"> as directed by the board, assess the annual fee amount established by the board;</subsection><subsection number="53-17-301(4)(c)"> as directed by the board, establish procedures for an employer participating in the trust fund to be reimbursed for the costs of providing the health coverage benefit under Subsection <xref depth="4" refnumber="53-17-201(1)(b)" start="0">53-17-201(1)(b)</xref>;</subsection><subsection number="53-17-301(4)(d)"> prepare and submit to the governor and the Legislature, by October 1 of each year, an annual written report of the trust fund, including its balance, expenditures, and revenues, and the operations and activities of the board under this chapter; and</subsection><subsection number="53-17-301(4)(e)"> in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, make rules to implement this chapter.</subsection></subsection></section></part><part number="53-17-4"><catchline>Local Public Safety and Firefighter Surviving Spouse Trust Fund</catchline><section number="53-17-401"><histories><history>Amended by Chapter <modchap sess="2026GS">267</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Local Public Safety and Firefighter Surviving Spouse Trust Fund.</catchline><subsection number="53-17-401(1)">There is created a private purpose trust fund entitled the "Local Public Safety and Firefighter Surviving Spouse Trust Fund."</subsection><subsection number="53-17-401(2)">The trust fund consists of:<subsection number="53-17-401(2)(a)">fees established in Subsection <xref depth="4" refnumber="53-17-402(2)(a)" start="0">53-17-402(2)(a)</xref>;</subsection><subsection number="53-17-401(2)(b)">appropriations made to the fund by the Legislature, if any;</subsection><subsection number="53-17-401(2)(c)">private donations and grants; and</subsection><subsection number="53-17-401(2)(d)">other revenue received from other sources.</subsection></subsection><subsection number="53-17-401(3)">The department:<subsection number="53-17-401(3)(a)">shall account for the receipt and expenditures of trust fund money; or</subsection><subsection number="53-17-401(3)(b)">may enter into contract with a third-party administrator to administer the fund and account for the receipt and expenditure of trust fund money.</subsection></subsection><subsection number="53-17-401(4)">The trust fund shall earn interest.</subsection><subsection number="53-17-401(5)">The revenue and interest in the account, less actual administrative costs to the department, shall be used to lower fees paid by an employer under Section <xref depth="3" refnumber="53-17-201" start="0">53-17-201</xref>.</subsection><subsection number="53-17-401(6)">The board of trustees created in Section <xref depth="3" refnumber="53-17-402" start="0">53-17-402</xref> may expend money from the trust fund:<subsection number="53-17-401(6)(a)">as provided in Subsection <xref depth="4" refnumber="53-17-201(1)">53-17-201(1)</xref>;</subsection><subsection number="53-17-401(6)(b)">to reimburse an employer for any amount paid:<subsection number="53-17-401(6)(b)(i)">under Section <xref depth="3" refnumber="53-17-201">53-17-201</xref> for:<subsection number="53-17-401(6)(b)(i)(A)">premium costs; or</subsection><subsection number="53-17-401(6)(b)(i)(B)">contribution into a health savings account; and</subsection></subsection><subsection number="53-17-401(6)(b)(ii)">on or after May 1, 2024, and before May 7, 2025; and</subsection></subsection><subsection number="53-17-401(6)(c)">for reasonable administrative costs that the department and the board of trustees incur in performing their duties for administering the trust fund.</subsection></subsection><subsection number="53-17-401(7)">Money deposited into the trust fund is irrevocable and is expended only for the purposes described in this chapter.</subsection><subsection number="53-17-401(8)">Assets of the trust fund are dedicated for the purposes established by statute and administrative rule.</subsection><subsection number="53-17-401(9)">Creditors of the board of trustees and of employers liable for the benefits paid under this chapter may not seize, attach, or otherwise obtain assets of the trust fund.</subsection></section><section number="53-17-402"><histories><history>Amended by Chapter <modchap sess="2025GS">56</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Local Public Safety and Firefighter Surviving Spouse Trust Fund Board of Trustees -- Quorum -- Duties -- Establish rates.</catchline><subsection number="53-17-402(1)"><subsection number="53-17-402(1)(a)">There is created the Local Public Safety and Firefighter Surviving Spouse Trust Fund Board of Trustees composed of four members:<subsection number="53-17-402(1)(a)(i)">the commissioner of public safety or the commissioner's designee;</subsection><subsection number="53-17-402(1)(a)(ii)">the executive director of the Governor's Office of Planning and Budget or the executive director's designee;</subsection><subsection number="53-17-402(1)(a)(iii)">one person representing municipalities, designated by the Utah League of Cities and Towns; and</subsection><subsection number="53-17-402(1)(a)(iv)">one person representing counties, designated by the Utah Association of Counties.</subsection></subsection><subsection number="53-17-402(1)(b)">The commissioner of public safety, or the commissioner's designee, is chair of the board.</subsection><subsection number="53-17-402(1)(c)">Three members of the board are a quorum.</subsection><subsection number="53-17-402(1)(d)">A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:<subsection number="53-17-402(1)(d)(i)">Section <xref depth="3" refnumber="63A-3-106" start="0">63A-3-106</xref>;</subsection><subsection number="53-17-402(1)(d)(ii)">Section <xref depth="3" refnumber="63A-3-107" start="0">63A-3-107</xref>; and</subsection><subsection number="53-17-402(1)(d)(iii)">rules made by the Division of Finance according to Sections <xref depth="3" refnumber="63A-3-106" start="0">63A-3-106</xref> and <xref depth="3" refnumber="63A-3-107" start="0">63A-3-107</xref>.</subsection></subsection><subsection number="53-17-402(1)(e)"><subsection number="53-17-402(1)(e)(i)">The department shall staff the board of trustees.</subsection><subsection number="53-17-402(1)(e)(ii)">The department shall provide accounting services for the trust fund.</subsection></subsection></subsection><subsection number="53-17-402(2)">The board shall:<subsection number="53-17-402(2)(a)">establish rates to charge each employer based on the number of public safety service employees and firefighter service employees who are eligible for the health, dental, and vision coverage under this chapter;</subsection><subsection number="53-17-402(2)(b)">act as trustee of the trust fund and exercise the state's fiduciary responsibilities;</subsection><subsection number="53-17-402(2)(c)">meet at least once per year;</subsection><subsection number="53-17-402(2)(d)">review and approve all policies, projections, rules, criteria, procedures, forms, standards, performance goals, and actuarial reports;</subsection><subsection number="53-17-402(2)(e)">review and approve the budget for the trust fund;</subsection><subsection number="53-17-402(2)(f)">review financial records of the trust fund, including trust fund receipts, expenditures, and investments;</subsection><subsection number="53-17-402(2)(g)">commission and obtain financial or actuarial studies of the liabilities for the trust fund;</subsection><subsection number="53-17-402(2)(h)">calculate and approve administrative expenses of the trust fund; and</subsection><subsection number="53-17-402(2)(i)">do any other things necessary to perform the fiduciary obligations under the trust.</subsection></subsection></section></part><part number="53-17-5"><catchline>Death Benefit Assistance</catchline><section number="53-17-501"><histories><history>Enacted by Chapter <modchap sess="2015GS">166</modchap>, 2015 General Session</history><modyear>2015</modyear></histories><catchline>Death benefit assistance.</catchline><subsection number="53-17-501(1)"> An employer shall notify the governor's office of the line-of-duty death of an active member.</subsection><subsection number="53-17-501(2)"> The governor's office shall ensure that the spouse, at the time of death of the active member, or the beneficiary are provided assistance to understand and apply for any death benefit for which the surviving spouse or beneficiaries may be eligible under this chapter, other Utah law, federal law, or local policy or ordinance.</subsection></section></part></chapter><chapter number="53-17a"><catchline>Fallen Officer Memorial Scholarship Program</catchline><section number="53-17a-101"><histories><history>Amended by Chapter <modchap sess="2025S1">9</modchap>, 2025 Special Session 1</history><modyear>2025</modyear></histories><catchline>Fallen Officer Memorial Scholarship Program -- Rulemaking.</catchline><subsection number="53-17a-101(1)">As used in this section:<subsection number="53-17a-101(1)(a)">"Child" means an individual who:<subsection number="53-17a-101(1)(a)(i)">is a natural or adopted child of a public safety officer or a firefighter who died in the line of duty; and</subsection><subsection number="53-17a-101(1)(a)(ii)">was under 25 years old at the time of the public safety officer's or firefighter's death.</subsection></subsection><subsection number="53-17a-101(1)(b)">"Died in the line of duty" means a death that is classified as a line-of-duty death under the provisions of Section <xref depth="3" refnumber="49-14-102" start="0">49-14-102</xref>, <xref depth="3" refnumber="49-15-102" start="0">49-15-102</xref>, <xref depth="3" refnumber="49-16-102" start="0">49-16-102</xref>, or <xref depth="3" refnumber="49-23-102" start="0">49-23-102</xref>.</subsection><subsection number="53-17a-101(1)(c)">"Educational-related expenses" includes tuition, fees, books, and other expenses related to obtaining an education.</subsection><subsection number="53-17a-101(1)(d)">"Firefighter" means the same as that term is defined in Section <xref depth="3" refnumber="34A-3-113" start="0">34A-3-113</xref>.</subsection><subsection number="53-17a-101(1)(e)">"Public safety officer" means an individual who:<subsection number="53-17a-101(1)(e)(i)">is employed as:<subsection number="53-17a-101(1)(e)(i)(A)">a law enforcement officer in accordance with Section <xref depth="3" refnumber="53-13-103" start="0">53-13-103</xref>;</subsection><subsection number="53-17a-101(1)(e)(i)(B)">a correctional officer in accordance with Section <xref depth="3" refnumber="53-13-104" start="0">53-13-104</xref>; or</subsection><subsection number="53-17a-101(1)(e)(i)(C)">a special function officer in accordance with Section <xref depth="3" refnumber="53-13-105" start="0">53-13-105</xref>; and</subsection></subsection><subsection number="53-17a-101(1)(e)(ii)">in the course of the individual's employment, put the individual's life or personal safety at risk.</subsection></subsection></subsection><subsection number="53-17a-101(2)">This section creates the Fallen Officer Memorial Scholarship Program, to be administered by the department.</subsection><subsection number="53-17a-101(3)">Subject to legislative appropriations and Subsection <xref depth="4" refnumber="53-17a-101(6)" start="0">(6)</xref>, the department shall provide $5,000 per year for up to four years to an applicant who:<subsection number="53-17a-101(3)(a)">is a child of a public safety officer or a firefighter who died in the line of duty;</subsection><subsection number="53-17a-101(3)(b)">is 17 years old or older;</subsection><subsection number="53-17a-101(3)(c)">certifies, on a form provided by the department, that the applicant agrees to use the funds entirely for educational-related expenses; and</subsection><subsection number="53-17a-101(3)(d)">fulfills any other application requirement established by the department.</subsection></subsection><subsection number="53-17a-101(4)">Nothing in this section affects a child's ability to obtain a tuition waiver under Section <xref depth="3" refnumber="53H-11-306">53H-11-306</xref>.</subsection><subsection number="53-17a-101(5)"><subsection number="53-17a-101(5)(a)">In accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, the department may make rules necessary to administer this section, including:<subsection number="53-17a-101(5)(a)(i)">setting deadlines for receiving applications and supporting documentation; and</subsection><subsection number="53-17a-101(5)(a)(ii)">establishing the application process and an appeal process for the Fallen Officer Memorial Scholarship Program.</subsection></subsection><subsection number="53-17a-101(5)(b)">The department shall include a disclosure on all applications and related materials that the amount of funds provided may be subject to funding or be reduced, in accordance with Subsection <xref depth="4" refnumber="53-17a-101(6)" start="0">(6)</xref>.</subsection></subsection><subsection number="53-17a-101(6)"><subsection number="53-17a-101(6)(a)">Subject to future budget constraints, the Legislature shall make an annual appropriation from the Income Tax Fund to the department for the costs associated with the Fallen Officer Memorial Scholarship Program authorized under this section.</subsection><subsection number="53-17a-101(6)(b)">Notwithstanding the provisions of this section, if the appropriation under this section is insufficient to cover the costs associated with the Fallen Officer Memorial Scholarship Program, the department may:<subsection number="53-17a-101(6)(b)(i)">reduce the amount of funds distributed to an applicant; or</subsection><subsection number="53-17a-101(6)(b)(ii)">distribute funds on a pro rata basis to all eligible applicants who submitted a complete application before the application deadline.</subsection></subsection></subsection></section></chapter><chapter number="53-18"><catchline>Protection of Personal Information of Public Safety Employees</catchline><section number="53-18-102"><histories><history>Amended by Chapter <modchap sess="2026GS">202</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this chapter:<subsection number="53-18-102(1)">"Access software provider" means a provider of software, including client or server software, or enabling tools that do any one or more of the following:<subsection number="53-18-102(1)(a)">filter, screen, allow, or disallow content;</subsection><subsection number="53-18-102(1)(b)">pick, choose, analyze, or digest content; or</subsection><subsection number="53-18-102(1)(c)">transmit, receive, display, forward, cache, search, subset, organize, reorganize, or translate content.</subsection></subsection><subsection number="53-18-102(2)">"Correctional facility" means the same as that term is defined in Section <xref depth="3" refnumber="77-16b-102" start="0">77-16b-102</xref>.</subsection><subsection number="53-18-102(3)">"Dispatcher" means the same as that term is defined in Section <xref depth="3" refnumber="53-6-102" start="0">53-6-102</xref>.</subsection><subsection number="53-18-102(4)">"Immediate family member" means a public safety employee's spouse, child, parent, or grandparent who resides with the public safety employee.</subsection><subsection number="53-18-102(5)">"Interactive computer service" means the same as that term is defined in Subsection 47 U.S.C. 230(f).</subsection><subsection number="53-18-102(6)">"Law enforcement officer" or "officer":<subsection number="53-18-102(6)(a)">means the same as that term is defined in Section <xref depth="3" refnumber="53-13-103" start="0">53-13-103</xref>;</subsection><subsection number="53-18-102(6)(b)">includes correctional officers as defined in Section <xref depth="3" refnumber="53-13-104" start="0">53-13-104</xref>; and</subsection><subsection number="53-18-102(6)(c)">refers only to officers who are currently employed by, retired from, or were killed in the line of duty while in the employ of a state or local governmental law enforcement agency.</subsection></subsection><subsection number="53-18-102(7)"><subsection number="53-18-102(7)(a)">"Personal information" means a public safety employee's or a public safety employee's immediate family member's home address, home telephone number, personal mobile telephone number, personal pager number, personal email address, or personal photograph, directions to locate the public safety employee's home, or photographs of the public safety employee's or the public safety employee's immediate family member's home or vehicle.</subsection><subsection number="53-18-102(7)(b)">"Personal information" includes a record or a part of a record that:<subsection number="53-18-102(7)(b)(i)">a public safety employee who qualifies as an at-risk government employee under Section <xref depth="3" refnumber="63A-19-408">63A-19-408</xref> requests to be classified as private under Subsection <xref depth="4" refnumber="63G-2-302(1)(h)" start="0">63G-2-302(1)(h)</xref>; and</subsection><subsection number="53-18-102(7)(b)(ii)">is classified as private under <xref depth="1" refnumber="63G-2" start="0">Title 63G, Chapter 2, Government Records Access and Management Act</xref>.</subsection></subsection></subsection><subsection number="53-18-102(8)">"Public safety employee" means:<subsection number="53-18-102(8)(a)">a law enforcement officer;</subsection><subsection number="53-18-102(8)(b)">a dispatcher; or</subsection><subsection number="53-18-102(8)(c)">a current or retired employee or contractor of:<subsection number="53-18-102(8)(c)(i)">a law enforcement agency; or</subsection><subsection number="53-18-102(8)(c)(ii)">a correctional facility.</subsection></subsection></subsection><subsection number="53-18-102(9)">"Publicly post" or "publicly display" means to intentionally communicate or otherwise make available to the general public.</subsection></section><section number="53-18-103"><histories><history>Amended by Chapter <modchap sess="2023GS">297</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Internet posting of personal information of public safety employees -- Prohibitions.</catchline><subsection number="53-18-103(1)"><subsection number="53-18-103(1)(a)"> A state or local governmental agency that receives the form described in Subsection <xref depth="4" refnumber="53-18-103(1)(b)" start="0">(1)(b)</xref> from a public safety employee may not publicly post on the Internet the personal information of the public safety employee employed by the state or local governmental agency.</subsection><subsection number="53-18-103(1)(b)"> Each state or local government agency employing a public safety employee shall:<subsection number="53-18-103(1)(b)(i)"> provide a form for a public safety employee to request the removal or concealment of the public safety employee's personal information from the state or local government agencies' publicly accessible websites and databases;</subsection><subsection number="53-18-103(1)(b)(ii)"> inform the public safety employee how to submit a form under this section;</subsection><subsection number="53-18-103(1)(b)(iii)"> upon request, assist a public safety employee in completing the form;</subsection><subsection number="53-18-103(1)(b)(iv)"> include on the form a disclaimer informing the public safety employee that by submitting a completed form the public safety employee may not receive official announcements affecting the public safety employee's property, including notices about proposed annexations, incorporation, or zoning modifications; and</subsection><subsection number="53-18-103(1)(b)(v)"> require a form submitted by a public safety employee to be signed by: <subsection number="53-18-103(1)(b)(v)(A)"> for a public safety employee who is a law enforcement officer, the highest ranking elected or appointed official in the officer's chain of command certifying that the individual requesting removal or concealment is a law enforcement officer; or</subsection><subsection number="53-18-103(1)(b)(v)(B)"> for a public safety employee who is not a law enforcement officer, the public safety employee's supervisor.</subsection></subsection></subsection></subsection><subsection number="53-18-103(2)"> A county clerk, upon receipt of the form described in Subsection <xref depth="4" refnumber="53-18-103(1)(b)" start="0">(1)(b)</xref> from a public safety employee, completed and submitted under this section, shall: <subsection number="53-18-103(2)(a)"> classify the public safety employee's voter registration record in the system, as defined in Section <xref depth="3" refnumber="20A-2-501" start="0">20A-2-501</xref>, as a private record; and</subsection><subsection number="53-18-103(2)(b)"> classify the public safety employee's marriage licenses and marriage license applications, if any, as private records.</subsection></subsection><subsection number="53-18-103(3)"> A county recorder, treasurer, auditor, or tax assessor, upon receipt of the form described in Subsection <xref depth="4" refnumber="53-18-103(1)(b)" start="0">(1)(b)</xref> from a public safety employee, completed and submitted under this section, shall: <subsection number="53-18-103(3)(a)"> provide a method for the assessment roll and index and the tax roll and index that will block public access to the public safety employee's personal information; and</subsection><subsection number="53-18-103(3)(b)"> provide to the public safety employee who submits the form a written disclaimer informing the public safety employee that the public safety employee may not receive official announcements affecting the public safety employee's property, including notices about proposed annexations, incorporations, or zoning modifications.</subsection></subsection><subsection number="53-18-103(4)"> A form submitted under this section remains in effect for the shorter of: <subsection number="53-18-103(4)(a)"> four years from the date on which the form was signed by the public safety employee, regardless of whether the public safety employee's qualifying employment is terminated during the four years; or</subsection><subsection number="53-18-103(4)(b)"> one year after official notice of the public safety employee's death is transmitted by the public safety employee's immediate family or the public safety employee's employing agency to all state and local government agencies that are reasonably expected to have records containing personal information of the deceased public safety employee.</subsection></subsection><subsection number="53-18-103(5)"> Notwithstanding Subsection <xref depth="4" refnumber="53-18-103(4)" start="0">(4)</xref>, the public safety employee, or the public safety employee's immediate family if the public safety employee is deceased, may rescind the form at any time.</subsection><subsection number="53-18-103(6)"><subsection number="53-18-103(6)(a)"> An individual may not, with intent to frighten or harass a public safety employee, publicly post on the Internet the personal information of a public safety employee knowing the public safety employee is a public safety employee.</subsection><subsection number="53-18-103(6)(b)"> Except as provided in Subsection <xref depth="4" refnumber="53-18-103(6)(c)" start="0">(6)(c)</xref>, a violation of Subsection <xref depth="4" refnumber="53-18-103(6)(a)" start="0">(6)(a)</xref> is a class B misdemeanor.</subsection><subsection number="53-18-103(6)(c)"> A violation of Subsection <xref depth="4" refnumber="53-18-103(6)(a)" start="0">(6)(a)</xref> that results in bodily injury to the public safety employee, or a member of the public safety employee's immediate family, is a class A misdemeanor.</subsection><subsection number="53-18-103(6)(d)"><subsection number="53-18-103(6)(d)(i)"> Each act against a separate individual in violation of Subsection <xref depth="4" refnumber="53-18-103(6)(a)" start="0">(6)(a)</xref> is a separate offense.</subsection><subsection number="53-18-103(6)(d)(ii)"> A defendant may also be charged separately with the commission of any other criminal conduct related to the commission of an offense under Subsection <xref depth="4" refnumber="53-18-103(6)(a)" start="0">(6)(a)</xref>.</subsection></subsection></subsection><subsection number="53-18-103(7)"><subsection number="53-18-103(7)(a)"> A business or association may not publicly post or publicly display on the Internet the personal information of a public safety employee if the public safety employee has, either directly or through an agent designated under Subsection <xref depth="4" refnumber="53-18-103(7)(c)" start="0">(7)(c)</xref>, provided to that business or association a written demand to not disclose the public safety employee's personal information.</subsection><subsection number="53-18-103(7)(b)"> A written demand made under Subsection <xref depth="4" refnumber="53-18-103(7)(a)" start="0">(7)(a)</xref> by a public safety employee is effective for four years beginning on the day the demand is delivered, regardless of whether the public safety employee's employment as a public safety employee has terminated during the four years.</subsection><subsection number="53-18-103(7)(c)"> A public safety employee may designate in writing the public safety employee's employer or, for a public safety employee who is a law enforcement officer, a representative of a voluntary professional association of law enforcement officers to act on behalf of the officer and as the officer's agent to make a written demand under this chapter.</subsection><subsection number="53-18-103(7)(d)"><subsection number="53-18-103(7)(d)(i)"> A business or association that receives a written demand from a public safety employee under Subsection <xref depth="4" refnumber="53-18-103(7)(a)" start="0">(7)(a)</xref> shall remove the public safety employee's personal information from public display on the Internet, including the removal of information provided to cellular telephone applications, within 24 hours of the delivery of the written demand, and shall ensure that the information is not posted again on the same Internet website or any other Internet website over which the recipient of the written demand maintains or exercises control.</subsection><subsection number="53-18-103(7)(d)(ii)"> After receiving the public safety employee's written demand, the person, business, or association may not publicly post or publicly display on the Internet, the personal information of the public safety employee.</subsection><subsection number="53-18-103(7)(d)(iii)"> This Subsection <xref depth="4" refnumber="53-18-103(7)(d)" start="0">(7)(d)</xref> does not prohibit a telephone corporation, as defined in Section <xref depth="3" refnumber="54-2-1" start="0">54-2-1</xref>, or the telephone corporation's affiliate or other voice service provider, including providers of interconnected voice over Internet protocol service as defined in 47 C.F.R. 9.3, from transferring the public safety employee's personal information to any person, business, or association, if the transfer is authorized by federal or state law, regulation, order, terms of service, or tariff, or is necessary in the event of an emergency, or to collect a debt owed by the public safety employee to the telephone corporation or its affiliate.</subsection><subsection number="53-18-103(7)(d)(iv)"> This Subsection <xref depth="4" refnumber="53-18-103(7)(d)" start="0">(7)(d)</xref> does not apply to a telephone corporation or other voice service provider, including providers of interconnected voice over Internet protocol service, with respect to directories or directories listings to the extent the entity offers a nonpublished listing option.</subsection></subsection></subsection><subsection number="53-18-103(8)"><subsection number="53-18-103(8)(a)"> A public safety employee whose personal information is made public as a result of a violation of Subsection <xref depth="4" refnumber="53-18-103(7)" start="0">(7)</xref> may bring an action seeking injunctive or declarative relief in a court of competent jurisdiction.</subsection><subsection number="53-18-103(8)(b)"> If a court finds that a violation has occurred, the court may grant injunctive or declarative relief and shall award the public safety employee court costs and reasonable attorney fees.</subsection><subsection number="53-18-103(8)(c)"> If the defendant fails to comply with an order of the court issued under Subsection <xref depth="4" refnumber="53-18-103(8)(b)" start="0">(8)(b)</xref>, the court may impose a civil penalty of not more than $1,000 for the defendant's failure to comply with the court's order.</subsection></subsection><subsection number="53-18-103(9)"><subsection number="53-18-103(9)(a)"> A person, business, or association may not solicit, sell, or trade on the Internet the personal information of a public safety employee, if:<subsection number="53-18-103(9)(a)(i)"> the dissemination of the personal information poses an imminent and serious threat to the public safety employee's safety or the safety of the public safety employee's immediate family; and</subsection><subsection number="53-18-103(9)(a)(ii)"> the person making the information available on the Internet knows or reasonably should know of the imminent and serious threat.</subsection></subsection><subsection number="53-18-103(9)(b)"><subsection number="53-18-103(9)(b)(i)"> A public safety employee whose personal information is knowingly publicly posted or publicly displayed on the Internet may bring an action in a court of competent jurisdiction.</subsection><subsection number="53-18-103(9)(b)(ii)"> If a jury or court finds that a defendant has committed a violation of Subsection <xref depth="4" refnumber="53-18-103(9)(a)" start="0">(9)(a)</xref>, the jury or court shall award damages to the public safety employee in the amount of triple the cost of actual damages or $4,000, whichever is greater.</subsection></subsection></subsection><subsection number="53-18-103(10)"> An interactive computer service or access software is not liable under Subsections <xref depth="4" refnumber="53-18-103(7)(d)(i)" start="0">(7)(d)(i)</xref> and <xref depth="4" refnumber="53-18-103(9)" start="0">(9)</xref> for information or content provided by another information content provider.</subsection><subsection number="53-18-103(11)"> Unless a state or local government agency receives a completed form directly from a public safety employee in accordance with Subsection <xref depth="4" refnumber="53-18-103(1)" start="0">(1)</xref>, a state or local government official who makes information available for public inspection in accordance with state law is not in violation of this chapter.</subsection></section><section number="53-18-104"><histories><history>Enacted by Chapter <modchap sess="2017GS">266</modchap>, 2017 General Session</history><modyear>2017</modyear></histories><catchline>Protection of constitutional rights.</catchline><tab/>This chapter does not affect, limit, or apply to, any conduct or activities that are protected by the constitution or laws of the state or by the constitution or laws of the United States.</section></chapter><chapter number="53-19"><catchline>Certification of Private Law Enforcement Agency</catchline><part number="53-19-1"><catchline>General Provisions</catchline><section number="53-19-101"><histories><history>Enacted by Chapter <modchap sess="2021GS">349</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Title.</catchline><tab/>This chapter is known as "Certification of Private Law Enforcement Agency."</section><section number="53-19-102"><histories><history>Enacted by Chapter <modchap sess="2021GS">349</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this chapter:<subsection number="53-19-102(1)"> "Division" means the Peace Officer Standards and Training Division created in Section <xref depth="3" refnumber="53-6-103" start="0">53-6-103</xref>.</subsection><subsection number="53-19-102(2)"> "Formal action" against a private law enforcement agency includes: <subsection number="53-19-102(2)(a)"> placing a private law enforcement agency on probation;</subsection><subsection number="53-19-102(2)(b)"> extending the probation of a private law enforcement agency; or</subsection><subsection number="53-19-102(2)(c)"> revoking the certification of a private law enforcement agency.</subsection></subsection><subsection number="53-19-102(3)"> "Informal action" against a private law enforcement agency includes: <subsection number="53-19-102(3)(a)"> an oral or written warning;</subsection><subsection number="53-19-102(3)(b)"> a written reprimand; or</subsection><subsection number="53-19-102(3)(c)"> a written order to remedy noncompliance with a provision of this chapter, which may include a deadline for compliance and verification of compliance.</subsection></subsection><subsection number="53-19-102(4)"> "Private law enforcement agency" means a law enforcement agency operated by, and at, a private institution of higher education.</subsection></section><section number="53-19-103"><histories><history>Enacted by Chapter <modchap sess="2021GS">349</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Rulemaking authority.</catchline><tab/>The commissioner shall make rules, in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, establishing:<subsection number="53-19-103(1)"> the forms and process to apply for certification of a private law enforcement agency;</subsection><subsection number="53-19-103(2)"> methods for the commissioner, the department, or the division to obtain, review, use, and protect, any and all records of, or directly related to, a private law enforcement agency;</subsection><subsection number="53-19-103(3)"> requirements for the conduct of a formal hearing under <xref depth="2" refnumber="53-19-3" start="2">Part 3, Enforcement</xref>, including requirements for proceedings, discovery, subpoenas, and witnesses;</subsection><subsection number="53-19-103(4)"> requirements for verifying compliance with the terms of probation;</subsection><subsection number="53-19-103(5)"> audit procedures;</subsection><subsection number="53-19-103(6)"> requirements for the contents of a policies and procedures manual of a private law enforcement agency; and</subsection><subsection number="53-19-103(7)"> requirements for the operation of a private law enforcement agency.</subsection></section></part><part number="53-19-2"><catchline>Private Law Enforcement Agencies</catchline><section number="53-19-201"><histories><history>Enacted by Chapter <modchap sess="2021GS">349</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Certification of private law enforcement agency.</catchline><subsection number="53-19-201(1)"> A private institution of higher education may operate a private law enforcement agency if the private law enforcement agency is certified by the commissioner.</subsection><subsection number="53-19-201(2)"> A private law enforcement agency certified before May 5, 2021: <subsection number="53-19-201(2)(a)"> is not required to apply for an initial certification under Subsection <xref depth="4" refnumber="53-19-201(4)" start="0">(4)</xref>; and</subsection><subsection number="53-19-201(2)(b)"> retains the private law enforcement agency's certification, unless the commissioner revokes the certification in accordance with this chapter.</subsection></subsection><subsection number="53-19-201(3)"> A private law enforcement agency that is not certified before May 5, 2021: <subsection number="53-19-201(3)(a)"> is required to apply for initial certification under Subsection <xref depth="4" refnumber="53-19-201(4)" start="0">(4)</xref>; and</subsection><subsection number="53-19-201(3)(b)"> retains the private law enforcement agency's certification, unless the commissioner revokes the certification in accordance with this chapter.</subsection></subsection><subsection number="53-19-201(4)"> To receive initial certification for a private law enforcement agency, the private institution of higher education seeking the certification shall submit to the department an application for certification, designed by the department, that includes: <subsection number="53-19-201(4)(a)"> a description of the proposed private law enforcement agency, including the number of officers that the private law enforcement agency intends to initially employ;</subsection><subsection number="53-19-201(4)(b)"> the command structure for the proposed private law enforcement agency;</subsection><subsection number="53-19-201(4)(c)"> the private law enforcement agency's proposed policies and procedures manual; and</subsection><subsection number="53-19-201(4)(d)"> any other information required by the commissioner, by a rule described in Section <xref depth="3" refnumber="53-19-103" start="0">53-19-103</xref>.</subsection></subsection><subsection number="53-19-201(5)"> The department shall, within 90 days after the day on which the department receives a completed application for certification described in Subsection <xref depth="4" refnumber="53-19-201(4)" start="0">(4)</xref>, grant or deny the application.</subsection><subsection number="53-19-201(6)"> The commissioner shall: <subsection number="53-19-201(6)(a)"> grant an application for certification of a private law enforcement agency, if:<subsection number="53-19-201(6)(a)(i)"> the application is complete;</subsection><subsection number="53-19-201(6)(a)(ii)"> the proposed policies and procedures manual complies with Section <xref depth="3" refnumber="53-19-203" start="0">53-19-203</xref>, including the rules described in Section <xref depth="3" refnumber="53-19-103" start="0">53-19-103</xref>;</subsection><subsection number="53-19-201(6)(a)(iii)"> the proposed private law enforcement agency will be organized and operated in a manner that is consistent with the requirements of law, the requirements of administrative rules, and best practices; and</subsection><subsection number="53-19-201(6)(a)(iv)"> the private institution of higher education submitting the application has never had certification of a private law enforcement agency revoked by the commissioner; and</subsection></subsection><subsection number="53-19-201(6)(b)"> advise and consult with the applicant to cure any barriers to obtaining certification.</subsection></subsection><subsection number="53-19-201(7)"> The commissioner shall grant an application for certification of a private law enforcement agency whose certification was previously revoked if: <subsection number="53-19-201(7)(a)"> the private institution of higher education applying for certification:<subsection number="53-19-201(7)(a)(i)"> complies with the provisions described in Subsections <xref depth="4" refnumber="53-19-201(6)(a)(i)" start="0">(6)(a)(i)</xref> through <xref depth="4" refnumber="53-19-201(6)(a)(iii)" start="0">(iii)</xref>; and</subsection><subsection number="53-19-201(7)(a)(ii)"> proves, by clear and convincing evidence, that the reasons for the previous revocation will not reoccur; and</subsection></subsection><subsection number="53-19-201(7)(b)"> the application is filed at least one year after the day on which the certification was revoked.</subsection></subsection></section><section number="53-19-202"><histories><history>Enacted by Chapter <modchap sess="2021GS">349</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Authority of private law enforcement agency -- Requirements -- Delegation of internal investigation.</catchline><subsection number="53-19-202(1)"> A certified private law enforcement agency may function as a law enforcement agency under the authority of the state, within the confines of the campus of the private institution of higher education, to: <subsection number="53-19-202(1)(a)"> prevent, detect, and investigate crime; and</subsection><subsection number="53-19-202(1)(b)"> enforce traffic laws and criminal statutes and ordinances.</subsection></subsection><subsection number="53-19-202(2)"> The authority of a private law enforcement agency does not extend beyond the<eol/><tab/>confines of the campus of the private institution of higher education, except as provided: <subsection number="53-19-202(2)(a)"> under Subsection <xref depth="4" refnumber="53-13-103(3)" start="0">53-13-103(3)</xref>; or</subsection><subsection number="53-19-202(2)(b)"> pursuant to an interagency agreement with another law enforcement agency.</subsection></subsection><subsection number="53-19-202(3)"> A private law enforcement agency shall: <subsection number="53-19-202(3)(a)"> comply with:<subsection number="53-19-202(3)(a)(i)"> the requirements of this chapter;</subsection><subsection number="53-19-202(3)(a)(ii)"> rules made under Section <xref depth="3" refnumber="53-19-103" start="0">53-19-103</xref>; and</subsection><subsection number="53-19-202(3)(a)(iii)"> all other requirements of state and federal law;</subsection></subsection><subsection number="53-19-202(3)(b)"> comply with and enforce the provisions of Sections <xref depth="3" refnumber="53-6-209" start="0">53-6-209</xref>, <xref depth="3" refnumber="53-6-211" start="0">53-6-211</xref>, <xref depth="3" refnumber="53-6-307" start="0">53-6-307</xref>, and <xref depth="3" refnumber="53-6-309" start="0">53-6-309</xref>;</subsection><subsection number="53-19-202(3)(c)"> only employ peace officers and dispatchers who are certified under this title;</subsection><subsection number="53-19-202(3)(d)"> if the private law enforcement agency is placed on probation, comply with requirements imposed during the period of probation;</subsection><subsection number="53-19-202(3)(e)"> provide any and all records of, or directly related to, the private law enforcement agency that are requested by the commissioner, the department, or the division; and</subsection><subsection number="53-19-202(3)(f)"> cooperate with an audit described in Section <xref depth="3" refnumber="53-19-204" start="0">53-19-204</xref>.</subsection></subsection><subsection number="53-19-202(4)"> The chief of a private law enforcement agency may, with the consent of the commissioner, delegate the duty to conduct an administrative or internal investigation under Section <xref depth="3" refnumber="53-6-211" start="0">53-6-211</xref> to the commissioner or the commissioner's designee if: <subsection number="53-19-202(4)(a)"> the chief requests the commissioner's consent in writing; and</subsection><subsection number="53-19-202(4)(b)"> the request is made to avoid:<subsection number="53-19-202(4)(b)(i)"> an actual or potential conflict of interest; or</subsection><subsection number="53-19-202(4)(b)(ii)"> an actual or potential allegation of bias.</subsection></subsection></subsection><subsection number="53-19-202(5)"> If the commissioner or the commissioner's designee conducts an administrative or internal investigation under Subsection <xref depth="4" refnumber="53-19-202(4)" start="0">(4)</xref>, the commissioner or the commissioner's designee shall report the findings of the investigation to: <subsection number="53-19-202(5)(a)"> the division, in accordance with Section <xref depth="3" refnumber="53-6-211" start="0">53-6-211</xref>;</subsection><subsection number="53-19-202(5)(b)"> the private law enforcement agency; and</subsection><subsection number="53-19-202(5)(c)"> the commissioner, if the investigation is conducted by a designee of the commissioner.</subsection></subsection></section><section number="53-19-203"><histories><history>Enacted by Chapter <modchap sess="2021GS">349</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Policies and procedures -- Approval -- Modification.</catchline><subsection number="53-19-203(1)"> A private law enforcement agency shall: <subsection number="53-19-203(1)(a)"> develop a policies and procedures manual that:<subsection number="53-19-203(1)(a)(i)"> includes clear definitions and clearly and fully explains the policies and procedures;</subsection><subsection number="53-19-203(1)(a)(ii)"> complies with the requirements of law and administrative rules;</subsection><subsection number="53-19-203(1)(a)(iii)"> reflects best practices for a private law enforcement agency; and</subsection><subsection number="53-19-203(1)(a)(iv)"> includes all policies and procedures of the private law enforcement agency;</subsection></subsection><subsection number="53-19-203(1)(b)"> review, and revise and update as needed, the policies and procedures manual on at least an annual basis; and</subsection><subsection number="53-19-203(1)(c)"> maintain, and uniformly apply and enforce, the policies and procedures contained in the manual.</subsection></subsection><subsection number="53-19-203(2)"> A private law enforcement agency shall: <subsection number="53-19-203(2)(a)"> if the private law enforcement agency was certified before May 5, 2021, submit the private law enforcement agency's policies and procedures manual to the commissioner for approval:<subsection number="53-19-203(2)(a)(i)"> on or before July 1, 2021;</subsection><subsection number="53-19-203(2)(a)(ii)"> beginning in 2022, on an annual basis; and</subsection><subsection number="53-19-203(2)(a)(iii)"> in addition to the times described in Subsections <xref depth="4" refnumber="53-19-203(2)(a)(i)" start="0">(2)(a)(i)</xref> and <xref depth="4" refnumber="53-19-203(2)(a)(ii)" start="0">(ii)</xref>, within 14 days after the day on which the commissioner submits a written request for a copy of the manual; or</subsection></subsection><subsection number="53-19-203(2)(b)"> if the private law enforcement agency is certified on or after May 5, 2021, submit the private law enforcement agency's policies and procedures manual:<subsection number="53-19-203(2)(b)(i)"> for initial approval in accordance with Subsection <xref depth="4" refnumber="53-19-201(4)(c)" start="0">53-19-201(4)(c)</xref>;</subsection><subsection number="53-19-203(2)(b)(ii)"> on an annual basis; and</subsection><subsection number="53-19-203(2)(b)(iii)"> in addition to the times described in Subsections <xref depth="4" refnumber="53-19-203(2)(b)(i)" start="0">(2)(b)(i)</xref> and <xref depth="4" refnumber="53-19-203(2)(b)(ii)" start="0">(ii)</xref>, within 14 days after the day on which the commissioner submits a written request for a copy of the manual.</subsection></subsection></subsection></section><section number="53-19-204"><histories><history>Enacted by Chapter <modchap sess="2021GS">349</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Audits.</catchline><subsection number="53-19-204(1)"> The commissioner or the commissioner's designee may conduct periodic audits of a private law enforcement agency to ensure compliance with the requirements of this chapter.</subsection><subsection number="53-19-204(2)"> The legislative auditor general or the state auditor may conduct an audit of a private law enforcement agency.</subsection><subsection number="53-19-204(3)"> A private law enforcement agency shall fully cooperate with an audit conducted under this section.</subsection></section></part><part number="53-19-3"><catchline>Enforcement</catchline><section number="53-19-301"><histories><history>Enacted by Chapter <modchap sess="2021GS">349</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Violation by private law enforcement agency -- Action by commissioner.</catchline><subsection number="53-19-301(1)"> If a private law enforcement agency is in violation of, or has violated, a provision of this chapter, the commissioner may: <subsection number="53-19-301(1)(a)"> take informal action to remedy the violation;</subsection><subsection number="53-19-301(1)(b)"> place the private law enforcement agency on probation if the violation is a material violation; or</subsection><subsection number="53-19-301(1)(c)"> revoke the certification of the private law enforcement agency if:<subsection number="53-19-301(1)(c)(i)"> the violation is so egregious that it constitutes a violation of public trust;</subsection><subsection number="53-19-301(1)(c)(ii)"><subsection number="53-19-301(1)(c)(ii)(A)"> the violation is a material violation;</subsection><subsection number="53-19-301(1)(c)(ii)(B)"> the private law enforcement agency has committed the same violation on a previous occasion; and</subsection><subsection number="53-19-301(1)(c)(ii)(C)"> the private law enforcement agency was placed probation or had the certification of the private law enforcement agency revoked for the same violation; or</subsection></subsection><subsection number="53-19-301(1)(c)(iii)"> after committing a material violation: <subsection number="53-19-301(1)(c)(iii)(A)"> the commissioner provides the private law enforcement agency with a written notice described in Subsection <xref depth="4" refnumber="53-19-301(2)" start="0">(2)</xref>; and</subsection><subsection number="53-19-301(1)(c)(iii)(B)"> after the commissioner complies with Subsection <xref depth="4" refnumber="53-19-301(1)(c)(iii)(A)" start="0">(1)(c)(iii)(A)</xref>, the private law enforcement agency commits the same violation or fails to take the corrective action described in the written notice described in Subsection <xref depth="4" refnumber="53-19-301(2)" start="0">(2)</xref>.</subsection></subsection></subsection></subsection><subsection number="53-19-301(2)"> The written notice required under Subsection <xref depth="4" refnumber="53-19-301(1)(c)(iii)(A)" start="0">(1)(c)(iii)(A)</xref> shall include: <subsection number="53-19-301(2)(a)"> a detailed description of the violation;</subsection><subsection number="53-19-301(2)(b)"> a statement that the violation constitutes a material violation;</subsection><subsection number="53-19-301(2)(c)"> a detailed description of the action the private law enforcement agency is required to take to remedy the violation; and</subsection><subsection number="53-19-301(2)(d)"> a specified, reasonable deadline for taking the action required to remedy the violation.</subsection></subsection><subsection number="53-19-301(3)"> If a private law enforcement agency on probation is in violation of, or has violated, a material provision of probation, the commissioner may: <subsection number="53-19-301(3)(a)"> take informal action to remedy the violation;</subsection><subsection number="53-19-301(3)(b)"> extend an existing period of probation; or</subsection><subsection number="53-19-301(3)(c)"> revoke the certification of the private law enforcement agency.</subsection></subsection><subsection number="53-19-301(4)"> If the commissioner takes action to revoke the certification of a private law enforcement agency, the certification remains in effect until all timely challenges or appeals are concluded and the action of the commissioner becomes final.</subsection><subsection number="53-19-301(5)"> The certification of a private law enforcement agency remains in effect while the private law enforcement agency is on probation, unless the certification is revoked in accordance with the provisions of this chapter.</subsection></section><section number="53-19-302"><histories><history>Enacted by Chapter <modchap sess="2021GS">349</modchap>, 2021 General Session</history><modyear>2021</modyear></histories><catchline>Formal action against a private law enforcement agency.</catchline><subsection number="53-19-302(1)"> If the commissioner determines that a private law enforcement agency violated a provision of this chapter or a requirement of probation, the commissioner may take formal action against the private law enforcement agency in accordance with this section.</subsection><subsection number="53-19-302(2)"> Before placing a private law enforcement agency on probation or extending the existing probation period, the commissioner shall provide written notice to the private law enforcement agency that the commissioner intends to take formal action against the private law enforcement agency, that includes: <subsection number="53-19-302(2)(a)"> a statement that the commissioner intends to place the private law enforcement agency on probation or extend an existing period of probation;</subsection><subsection number="53-19-302(2)(b)"> a description of the material violations upon which the formal action is based;</subsection><subsection number="53-19-302(2)(c)"> a description of the probation period or extended probation period;</subsection><subsection number="53-19-302(2)(d)"> a description of the terms of probation;</subsection><subsection number="53-19-302(2)(e)"> a statement that the private law enforcement agency has the right to request a formal hearing on the action before an administrative law judge selected by the commissioner; and</subsection><subsection number="53-19-302(2)(f)"> information regarding the process and deadline for requesting a hearing.</subsection></subsection><subsection number="53-19-302(3)"> Within 30 days after the day on which the commissioner provides the notice described in Subsection <xref depth="4" refnumber="53-19-302(2)" start="0">(2)</xref>, the private law enforcement agency may request a formal hearing before an administrative law judge selected by the commissioner by submitting the request, in writing, to the commissioner.</subsection><subsection number="53-19-302(4)"> If the private law enforcement agency fails to timely request a formal hearing under Subsection <xref depth="4" refnumber="53-19-302(3)" start="0">(3)</xref>: <subsection number="53-19-302(4)(a)"> the commissioner may take the action described in Subsection <xref depth="4" refnumber="53-19-302(2)(a)" start="0">(2)(a)</xref>; and</subsection><subsection number="53-19-302(4)(b)"> the action of the commissioner is final.</subsection></subsection><subsection number="53-19-302(5)"> If a private law enforcement agency timely requests a formal hearing under Subsection <xref depth="4" refnumber="53-19-302(3)" start="0">(3)</xref>, an administrative law judge shall conduct a formal hearing on the action in accordance with <xref depth="1" refnumber="63G-4" start="0">Title 63G, Chapter 4, Administrative Procedures Act</xref>.</subsection><subsection number="53-19-302(6)"> The formal hearing shall be recorded and shall address the issue of whether the private law enforcement agency committed the violations included in the notice described in Subsection <xref depth="4" refnumber="53-19-302(2)(b)" start="0">(2)(b)</xref>.</subsection><subsection number="53-19-302(7)"> If, after the hearing, the administrative law judge issues findings of fact and conclusions of law stating that there is sufficient evidence to demonstrate that the private law enforcement agency committed one or more of the material violations included in the notice described in Subsection <xref depth="4" refnumber="53-19-302(2)(b)" start="0">(2)(b)</xref>, the commissioner shall review the findings and may: <subsection number="53-19-302(7)(a)"> place the private law enforcement agency on probation; or</subsection><subsection number="53-19-302(7)(b)"> extend an existing period of probation.</subsection></subsection><subsection number="53-19-302(8)"> If the administrative law judge finds that there is insufficient evidence to demonstrate that the private law enforcement agency committed any of the violations included in the notice described in Subsection <xref depth="4" refnumber="53-19-302(2)(b)" start="0">(2)(b)</xref>, the administrative law judge shall dismiss the formal action sought by the commissioner.</subsection><subsection number="53-19-302(9)"> A private law enforcement agency may appeal the decision of the administrative law judge and the action taken by the commissioner under Subsection <xref depth="4" refnumber="53-19-302(7)" start="0">(7)</xref>, under <xref depth="2" refnumber="63G-4-4" start="0">Title 63G, Chapter 4, Part 4, Judicial Review</xref>.</subsection><subsection number="53-19-302(10)"> The commissioner may appeal the decision of the administrative law judge under <xref depth="2" refnumber="63G-4-4" start="0">Title 63G, Chapter 4, Part 4, Judicial Review</xref>.</subsection><subsection number="53-19-302(11)"> Before revoking the certification of a private law enforcement agency, the commissioner shall provide written notice to the private law enforcement agency that the commissioner intends to take formal action against the private law enforcement agency, that includes: <subsection number="53-19-302(11)(a)"> a statement that the commissioner intends to revoke the certification of the private law enforcement agency;</subsection><subsection number="53-19-302(11)(b)"> the date that the revocation is scheduled to occur, which date may not be sooner than 180 days after the day on which the commissioner provides the notice described in this Subsection <xref depth="4" refnumber="53-19-302(11)" start="0">(11)</xref>;</subsection><subsection number="53-19-302(11)(c)"> a detailed description of the violations upon which the formal action is based;</subsection><subsection number="53-19-302(11)(d)"> a description of the basis, described in Subsection <xref depth="4" refnumber="53-19-301(1)(c)" start="0">53-19-301(1)(c)</xref>, for seeking revocation of the private law enforcement agency's certification; and</subsection><subsection number="53-19-302(11)(e)"> a statement that the private law enforcement agency has the right to demand a judicial determination on the issue of revocation by filing an action in the third district court within 30 days after the day on which the commissioner provides the notice described in this Subsection <xref depth="4" refnumber="53-19-302(11)" start="0">(11)</xref>.</subsection></subsection><subsection number="53-19-302(12)"> If the private law enforcement agency fails to file an action described in Subsection <xref depth="4" refnumber="53-19-302(11)(a)" start="0">(11)(a)</xref> in the third district court within 30 days after the day on which the commissioner provides the notice described in Subsection <xref depth="4" refnumber="53-19-302(11)" start="0">(11)</xref>, the private law enforcement agency's certification is revoked on the date described in Subsection <xref depth="4" refnumber="53-19-302(11)(b)" start="0">(11)(b)</xref>.</subsection><subsection number="53-19-302(13)"> If the private law enforcement agency timely files an action described in Subsection <xref depth="4" refnumber="53-19-302(11)(e)" start="0">(11)(e)</xref>, the district court: <subsection number="53-19-302(13)(a)"> shall allow discovery, and otherwise conduct the proceedings, in accordance with the Utah Rules of Civil Procedure;</subsection><subsection number="53-19-302(13)(b)"> shall conduct the proceedings as a new action and not as an appellate review;</subsection><subsection number="53-19-302(13)(c)"> shall require that the commissioner prove, by a preponderance of the evidence, that the violations described in Subsection <xref depth="4" refnumber="53-19-302(11)(c)" start="0">(11)(c)</xref> occurred;</subsection><subsection number="53-19-302(13)(d)"> shall require that, if the court finds that one or more the violations described in Subsection <xref depth="4" refnumber="53-19-302(11)(c)" start="0">(11)(c)</xref> occurred, the commissioner prove, by a preponderance of the evidence, that the violations proven constitute sufficient grounds, under Subsection <xref depth="4" refnumber="53-19-301(1)(c)" start="0">53-19-301(1)(c)</xref>, to revoke certification; and</subsection><subsection number="53-19-302(13)(e)"> may not grant any deference to the decisions or findings of the commissioner.</subsection></subsection><subsection number="53-19-302(14)"> The court shall order revocation of the certification of the private law enforcement agency if the court finds that: <subsection number="53-19-302(14)(a)"> one or more the violations described in Subsection <xref depth="4" refnumber="53-19-302(11)(c)" start="0">(11)(c)</xref> occurred; and</subsection><subsection number="53-19-302(14)(b)"> the violations that occurred constitute sufficient grounds, under Subsection <xref depth="4" refnumber="53-19-301(1)(c)" start="0">53-19-301(1)(c)</xref>, to revoke certification.</subsection></subsection><subsection number="53-19-302(15)"> The court may order that the commissioner may place the private law enforcement agency on probation or extend an existing period of probation, if the court finds that: <subsection number="53-19-302(15)(a)"> one or more violations described in Subsection <xref depth="4" refnumber="53-19-302(11)(c)" start="0">(11)(c)</xref> occurred; and</subsection><subsection number="53-19-302(15)(b)"> the violations do not constitute sufficient grounds, under Subsection <xref depth="4" refnumber="53-19-301(1)(c)" start="0">53-19-301(1)(c)</xref>, to revoke certification.</subsection></subsection></section></part></chapter><chapter number="53-21"><catchline>Mental Health Resources for First Responders</catchline><section number="53-21-101"><histories><history>Amended by Chapter <modchap sess="2026GS">469</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this chapter:<subsection number="53-21-101(1)">"Crime scene investigator technician" means an individual employed by a law enforcement agency to collect and analyze evidence from crime scenes and crime-related incidents.</subsection><subsection number="53-21-101(2)">"Designated mental health resources liaison" means a non-leadership human resources or other administrative employee designated by a first responder agency who receives and processes a request for mental health resources on behalf of the first responder agency under this chapter.</subsection><subsection number="53-21-101(3)">"First responder" means:<subsection number="53-21-101(3)(a)">a law enforcement officer, as defined in Section <xref depth="3" refnumber="53-13-103">53-13-103</xref>;</subsection><subsection number="53-21-101(3)(b)">an emergency medical technician, as defined in Section <xref depth="3" refnumber="53-2e-101">53-2e-101</xref>;</subsection><subsection number="53-21-101(3)(c)">an advanced emergency medical technician, as defined in Section <xref depth="3" refnumber="53-2e-101">53-2e-101</xref>;</subsection><subsection number="53-21-101(3)(d)">a paramedic, as defined in Section <xref depth="3" refnumber="53-2e-101">53-2e-101</xref>;</subsection><subsection number="53-21-101(3)(e)">a firefighter, as defined in Section <xref depth="3" refnumber="34A-3-101">34A-3-101</xref>;</subsection><subsection number="53-21-101(3)(f)">a dispatcher, as defined in Section <xref depth="3" refnumber="53-6-102">53-6-102</xref>;</subsection><subsection number="53-21-101(3)(g)">a correctional officer, as defined in Section <xref depth="3" refnumber="53-13-104">53-13-104</xref>;</subsection><subsection number="53-21-101(3)(h)">a special function officer, as defined in Section <xref depth="3" refnumber="53-13-105">53-13-105</xref>, employed by a local sheriff;</subsection><subsection number="53-21-101(3)(i)">a search and rescue worker under the supervision of a local sheriff;</subsection><subsection number="53-21-101(3)(j)">a forensic interviewer or victim advocate employed by a Children's Justice Center established in accordance with Section <xref depth="3" refnumber="67-5b-102">67-5b-102</xref>;</subsection><subsection number="53-21-101(3)(k)">a credentialed criminal justice system victim advocate as defined in Section <xref depth="3" refnumber="77-38-403">77-38-403</xref> who responds to incidents with a law enforcement officer;</subsection><subsection number="53-21-101(3)(l)">a crime scene investigator technician;</subsection><subsection number="53-21-101(3)(m)">a wildland firefighter;</subsection><subsection number="53-21-101(3)(n)">an investigator or prosecutor of cases involving sexual crimes against children; or</subsection><subsection number="53-21-101(3)(o)">a civilian employee of a first responder agency who has been authorized to view or otherwise access information concerning crimes, accidents, or other traumatic events.</subsection></subsection><subsection number="53-21-101(4)">"First responder agency" means:<subsection number="53-21-101(4)(a)">a special district, municipality, interlocal entity, or other political subdivision that employs a first responder to provide fire protection, paramedic, law enforcement, or emergency services; or</subsection><subsection number="53-21-101(4)(b)">a certified private law enforcement agency as defined in Section <xref depth="3" refnumber="53-19-102">53-19-102</xref>.</subsection></subsection><subsection number="53-21-101(5)"><subsection number="53-21-101(5)(a)">"Mental health resources" means:<subsection number="53-21-101(5)(a)(i)">an assessment to determine appropriate mental health treatment that is performed by a mental health therapist;</subsection><subsection number="53-21-101(5)(a)(ii)">outpatient mental health treatment provided by a mental health therapist; or</subsection><subsection number="53-21-101(5)(a)(iii)">peer support services provided by a peer support specialist who is qualified to provide peer support services under Subsection <xref depth="4" refnumber="26B-5-102(2)(gg)">26B-5-102(2)(gg)</xref>.</subsection></subsection><subsection number="53-21-101(5)(b)">"Mental health resources" includes, at a minimum, the following services:<subsection number="53-21-101(5)(b)(i)">regular periodic screenings for all employees within the first responder agency;</subsection><subsection number="53-21-101(5)(b)(ii)">assessments and availability to mental health services for personnel directly involved in a critical incident within 48 hours of the incident; and</subsection><subsection number="53-21-101(5)(b)(iii)">regular and continuing access to the mental health program for:<subsection number="53-21-101(5)(b)(iii)(A)">spouses and children of first responders;</subsection><subsection number="53-21-101(5)(b)(iii)(B)">first responders who have retired or separated from the agency; and</subsection><subsection number="53-21-101(5)(b)(iii)(C)">spouses of first responders who have retired or separated from the agency.</subsection></subsection></subsection></subsection><subsection number="53-21-101(6)">"Mental health therapist" means the same as that term is defined in Section <xref depth="3" refnumber="58-60-102">58-60-102</xref>.</subsection><subsection number="53-21-101(7)">"Plan" means a plan to implement or expand a program that provides mental health resources to first responders for which the division awards a grant under this chapter.</subsection><subsection number="53-21-101(8)">"Retired" means the status of an individual who has become eligible, applies for, and may receive an allowance under Title 49, Utah State Retirement and Insurance Benefit Act.</subsection><subsection number="53-21-101(9)">"Separated" means the status of an individual who has separated from employment as a first responder from a first responder agency, except as a result of misconduct or disciplinary action.</subsection><subsection number="53-21-101(10)">"Small first responder agency" means a first responder agency that:<subsection number="53-21-101(10)(a)">has 10 or fewer employees;</subsection><subsection number="53-21-101(10)(b)">is primarily staffed by volunteers; or</subsection><subsection number="53-21-101(10)(c)">is located in:<subsection number="53-21-101(10)(c)(i)">a county of the fifth or sixth class;</subsection><subsection number="53-21-101(10)(c)(ii)">a city of the fifth or sixth class; or</subsection><subsection number="53-21-101(10)(c)(iii)">a town.</subsection></subsection></subsection></section><section number="53-21-102"><histories><history>Amended by Chapter <modchap sess="2026GS">469</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Mental health services -- Requirement to provide -- Eligibility -- Confidentiality -- Requests -- Reporting noncompliance -- Designation.</catchline><subsection number="53-21-102(1)">As used in this section, "public safety portal" means the data portal created in Section <xref depth="3" refnumber="63A-16-1002">63A-16-1002</xref>.</subsection><subsection number="53-21-102(2)">Every first responder agency within the state shall provide or make available mental health resources to:<subsection number="53-21-102(2)(a)">all first responders;</subsection><subsection number="53-21-102(2)(b)">the spouse and children of first responders;</subsection><subsection number="53-21-102(2)(c)">surviving spouses of first responders whose death is classified as a line-of-duty death under Title 49, Utah State Retirement and Insurance Benefit Act;</subsection><subsection number="53-21-102(2)(d)">retired or separated first responders for at least three years from the date that the retired or separated first responder requests mental health resources, regardless of any subsequent employment as a non-first responder; and</subsection><subsection number="53-21-102(2)(e)">spouses of retired or separated first responders for at least three years from the date that the spouse of the retired or separated first responder requests mental health resources, regardless of any subsequent employment as a non-first responder.</subsection></subsection><subsection number="53-21-102(3)">All access by first responders and their families to mental health resources shall be kept confidential.</subsection><subsection number="53-21-102(4)">A first responder agency shall:<subsection number="53-21-102(4)(a)">annually provide information to all employed first responders regarding:<subsection number="53-21-102(4)(a)(i)">the availability of mental health resources under this section, including:<subsection number="53-21-102(4)(a)(i)(A)">for individuals in addition to the first responders as described in Subsection <xref refnumber="(2)" depth="4">(2)</xref>; and</subsection><subsection number="53-21-102(4)(a)(i)(B)">subsequent to a separation or retirement;</subsection></subsection><subsection number="53-21-102(4)(a)(ii)">how to access the mental health resources under this section; and</subsection><subsection number="53-21-102(4)(a)(iii)">directions on how to appeal a denial of mental health resources under this section to the department, as provided under Section <xref depth="3" refnumber="53-21-104.3">53-21-104.3</xref>; and</subsection></subsection><subsection number="53-21-102(4)(b)"><subsection number="53-21-102(4)(b)(i)">assign a designated mental health resources liaison;</subsection><subsection number="53-21-102(4)(b)(ii)">inform the department of the identity of the designated mental health resources liaison; and</subsection><subsection number="53-21-102(4)(b)(iii)">update the department as to the identity of the designated mental health resources liaison when a new individual is assigned.</subsection></subsection></subsection><subsection number="53-21-102(5)"><subsection number="53-21-102(5)(a)"><subsection number="53-21-102(5)(a)(i)">The department shall annually submit a report to the Law Enforcement and Criminal Justice Interim Committee, on or before the date of the committee's November meeting, on first responder agencies' compliance with this section.</subsection><subsection number="53-21-102(5)(a)(ii)">The department may fulfill the requirement described in Subsection <xref depth="4" refnumber="53-21-102(5)(a)(i)">(5)(a)(i)</xref> by conducting a survey of first responder agencies and reporting the first responder agencies' responses related to the first responder agencies' compliance with this section.</subsection></subsection><subsection number="53-21-102(5)(b)">The department shall submit a copy of the report described in Subsection <xref depth="4" refnumber="53-21-102(5)(a)">(5)(a)</xref> to the public safety portal as described in Section <xref depth="3" refnumber="63A-16-1002">63A-16-1002</xref>.</subsection></subsection></section><section number="53-21-103"><histories><history>Amended by Chapter <modchap sess="2026GS">243</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Grants to first responder agencies -- Rulemaking.</catchline><subsection number="53-21-103(1)">The department may award grants to first responder agencies to provide mental health resources in response to a:<subsection number="53-21-103(1)(a)">request for proposal;</subsection><subsection number="53-21-103(1)(b)">request for qualifications; or</subsection><subsection number="53-21-103(1)(c)">program description that meets the criteria in Subsection <xref depth="4" refnumber="53-21-103(2)">(2)</xref>.</subsection></subsection><subsection number="53-21-103(2)">The request for proposal, request for qualifications, or program description received by the department shall require mental health providers contracted or employed by the first responder agency to have training and experience in working with first responders and provide mental health resources.</subsection><subsection number="53-21-103(3)">An application from a first responder agency for a grant under this chapter shall provide the following details:<subsection number="53-21-103(3)(a)">a proposed plan to provide mental health resources to first responders in the first responder agency;</subsection><subsection number="53-21-103(3)(b)">the number of first responders to be served by the proposed plan;</subsection><subsection number="53-21-103(3)(c)">how the proposed plan will ensure timely and effective provision of mental health resources to first responders in the first responder agency;</subsection><subsection number="53-21-103(3)(d)">the cost of the proposed plan; and</subsection><subsection number="53-21-103(3)(e)">the sustainability of the proposed plan.</subsection></subsection><subsection number="53-21-103(4)">In evaluating a project proposal for a grant under this section, the department shall consider:<subsection number="53-21-103(4)(a)">the extent to which the first responders that will be served by the proposed plan are likely to benefit from the proposed plan;</subsection><subsection number="53-21-103(4)(b)">the cost of the proposed plan; and</subsection><subsection number="53-21-103(4)(c)">the viability of the proposed plan.</subsection></subsection><subsection number="53-21-103(5)">A first responder agency may not apply for a grant to fund a program already in place. However, a request for proposal to fund an expansion of an already existing program shall, in addition to the requirements of Subsection <xref depth="4" refnumber="53-21-103(4)">(4)</xref>, provide:<subsection number="53-21-103(5)(a)">the scope and cost of the agency's current program;</subsection><subsection number="53-21-103(5)(b)">the number of additional first responders the expansion will serve; and</subsection><subsection number="53-21-103(5)(c)">whether the expansion will provide mental health resources that the current program does not provide.</subsection></subsection><subsection number="53-21-103(6)">The department shall prioritize grant funding for small first responder agencies, and may also take into account whether the small first responder agency is or will participate in the department-provided services described in Section <xref depth="3" refnumber="53-21-104.1">53-21-104.1</xref>.</subsection><subsection number="53-21-103(7)">The department may adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to administer this chapter.</subsection><subsection number="53-21-103(8)">The department shall notify entities that may be eligible for a grant under this section about the grant program.</subsection><subsection number="53-21-103(9)">The department may assist a first responder agency in drafting a grant application under this section.</subsection><subsection number="53-21-103(10)">The department may use up to 25% of the remaining grant funds under this section to provide the mental health resources described in Section <xref depth="3" refnumber="53-21-104.1">53-21-104.1</xref>.</subsection></section><section number="53-21-104.1"><histories><history>Amended by Chapter <modchap sess="2026GS">469</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Department may provide certain mental health resources -- Requirements.</catchline><subsection number="53-21-104.1(1)">As used in this section:<subsection number="53-21-104.1(1)(a)">"Account" means the Mental Health Resources for First Responders Restricted Account created in Section <xref depth="3" refnumber="53-21-105">53-21-105</xref>.</subsection><subsection number="53-21-104.1(1)(b)">"Eligible first responder agency" means a small first responder agency that contributes funds to the account in accordance with Section <xref depth="3" refnumber="53-21-105">53-21-105</xref>.</subsection></subsection><subsection number="53-21-104.1(2)"><subsection number="53-21-104.1(2)(a)">In accordance with Subsection <xref depth="4" refnumber="53-21-104.1(5)">(5)</xref>, the department may, at the department's discretion, provide certain mental health resources to an eligible first responder agency.</subsection><subsection number="53-21-104.1(2)(b)">The mental health resources described in Subsection (2)(a) may include an assessment and availability to mental health services for personnel directly involved in a critical incident within 48 hours of the incident.</subsection></subsection><subsection number="53-21-104.1(3)">The department may use a contracted provider to provide the services described in Subsection (2).</subsection><subsection number="53-21-104.1(4)">If an eligible first responder agency elects to receive mental health services as provided under this section, the eligible first responder agency shall designate a representative of the small first responder agency who is responsible for providing a timely notification to the department or the department's designee if a critical incident occurs as described in Subsection (2)(b).</subsection><subsection number="53-21-104.1(5)"><subsection number="53-21-104.1(5)(a)">As provided in Subsection <xref depth="4" refnumber="53-21-103(10)">53-21-103(10)</xref>, the department may use up to 25% of the remaining grant funds for the mental health resources described in this section.</subsection><subsection number="53-21-104.1(5)(b)">The department may:<subsection number="53-21-104.1(5)(b)(i)">use funds in the account for the mental health resources described in this section and for administrative support related to providing the mental health resources; and </subsection><subsection number="53-21-104.1(5)(b)(ii)">may discontinue the mental health resources if there are insufficient funds in the account.</subsection></subsection></subsection></section><section number="53-21-104.3"><histories><history>Amended by Chapter <modchap sess="2026GS">291</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Education -- Complaints -- Investigations.</catchline><subsection number="53-21-104.3(1)">On or before September 1, 2024, the department shall inform all first responder agencies in the state of the requirements described in Section <xref depth="3" refnumber="53-21-102">53-21-102</xref>.</subsection><subsection number="53-21-104.3(2)">In addition to the notification required under Subsection <xref depth="4" refnumber="53-21-104.3(1)">(1)</xref>, the department shall, on the department's website, provide information describing:<subsection number="53-21-104.3(2)(a)">an individual's eligibility for mental health resources under Section <xref depth="3" refnumber="53-21-102">53-21-102</xref>;</subsection><subsection number="53-21-104.3(2)(b)">the statutory definition for mental health resources provided in Section <xref depth="3" refnumber="53-21-101">53-21-101</xref>;</subsection><subsection number="53-21-104.3(2)(c)">the designated mental health resources liaison for each first responder agency as described in Subsection <xref depth="4" refnumber="53-21-102(4)(b)">53-21-102(4)(b)</xref>; and</subsection><subsection number="53-21-104.3(2)(d)">how to appeal a denial of mental health resources to the department.</subsection></subsection><subsection number="53-21-104.3(3)"><subsection number="53-21-104.3(3)(a)">The department shall investigate a denial of mental health resources that is received under Subsection <xref depth="4" refnumber="53-21-104.3(2)(d)">(2)(d)</xref> to determine whether the denial was in violation of this chapter.</subsection><subsection number="53-21-104.3(3)(b)">If, after an investigation, the department determines that a first responder agency improperly denied mental health resources in violation of this chapter, the department shall notify the first responder agency and provide 60 days for the first responder agency to correct the improper denial.</subsection><subsection number="53-21-104.3(3)(c)">The department shall determine whether a first responder agency has cured the violation within the time described in Subsection <xref depth="4" refnumber="53-21-104.3(3)(b)">(3)(b)</xref> and, if the first responder agency has not, the department shall send a letter within a reasonable time identifying the first responder agency and the relevant details of the department's investigation to:<subsection number="53-21-104.3(3)(c)(i)">the commissioner;</subsection><subsection number="53-21-104.3(3)(c)(ii)">the chairs of the Law Enforcement and Criminal Justice Interim Committee; and</subsection><subsection number="53-21-104.3(3)(c)(iii)">the executive director of the Commission on Criminal and Juvenile Justice, who shall refer the matter for investigation under Subsection <xref depth="4" refnumber="75E-3-202(1)(i)">75E-3-202(1)(i)</xref> and may recommend that the Department of Criminal Justice restrict state grant money under Section <xref depth="3" refnumber="75E-2-303">75E-2-303</xref>.</subsection></subsection></subsection></section><section number="53-21-105"><histories><history>Enacted by Chapter <modchap sess="2026GS">469</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Mental Health Resources for First Responders Restricted Account.</catchline><subsection number="53-21-105(1)">As used in this section:<subsection number="53-21-105(1)(a)">"Account" means the Mental Health Resources for First Responders Restricted Account created in this section.</subsection><subsection number="53-21-105(1)(b)">"Committee" means the Law Enforcement and Criminal Justice Interim Committee.</subsection><subsection number="53-21-105(1)(c)">"Contributing first responder agency" means a small first responder agency that contributes funds to the account.</subsection></subsection><subsection number="53-21-105(2)">There is created within the General Fund a restricted fund known as the "Mental Health Resources for First Responders Restricted Account."</subsection><subsection number="53-21-105(3)">The account consists of:<subsection number="53-21-105(3)(a)">appropriations of the Legislature;</subsection><subsection number="53-21-105(3)(b)">amounts deposited into the account in accordance with this section;</subsection><subsection number="53-21-105(3)(c)">gifts, grants, donations, or any other conveyance of money that may be made to the account from private sources;</subsection><subsection number="53-21-105(3)(d)">the funds described in Subsection <xref depth="4" refnumber="53-21-103(10)">53-21-103(10)</xref>; and</subsection><subsection number="53-21-105(3)(e)">interest earned on money in the account.</subsection></subsection><subsection number="53-21-105(4)"><subsection number="53-21-105(4)(a)">The account shall earn interest.</subsection><subsection number="53-21-105(4)(b)">Interest earned on the account shall be deposited into the account.</subsection></subsection><subsection number="53-21-105(5)"><subsection number="53-21-105(5)(a)">A small first responder agency may contribute funds to the account.</subsection><subsection number="53-21-105(5)(b)">If a small first responder agency contributes to the account, the small first responder agency shall contribute to the account as described in this section.</subsection></subsection><subsection number="53-21-105(6)">In a fiscal year that begins on or after July 1, 2026, a contributing first responder agency shall annually contribute $25 per first responder employed by the contributing first responder agency.</subsection><subsection number="53-21-105(7)">The department shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for:<subsection number="53-21-105(7)(a)">a process for collecting contributing first responder agency contributions to the account described in this section; and</subsection><subsection number="53-21-105(7)(b)">a process for depositing into the account contributing first responder agency contributions described in this section.</subsection></subsection><subsection number="53-21-105(8)">Subject to appropriations from the Legislature, the department may use money in the account:<subsection number="53-21-105(8)(a)">to provide the mental health resources to an eligible first responder agency as described in Section <xref depth="3" refnumber="53-1-104.1">53-1-104.1</xref>; and</subsection><subsection number="53-21-105(8)(b)">for administrative support related to providing the mental health resources described in Section <xref depth="3" refnumber="53-1-104.1">53-1-104.1</xref>.</subsection></subsection></section></chapter><chapter number="53-22"><catchline>School Security Act</catchline><section number="53-22-101"><histories><history>Amended by Chapter <modchap sess="2024GS">21</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>School Security Act -- Definitions.</catchline><tab/>As used in this chapter:<subsection number="53-22-101(1)">"Advisory board" means the Education Advisory Board created in Section <xref depth="3" refnumber="53-22-104.2">53-22-104.2</xref>.</subsection><subsection number="53-22-101(2)">"County security chief" means the individual whom a county sheriff appoints in accordance with Section <xref depth="3" refnumber="53-22-103">53-22-103</xref> to oversee school safety.</subsection><subsection number="53-22-101(3)">"Local education agency" means the same as that term is defined in Section <xref depth="3" refnumber="53E-1-102">53E-1-102</xref>.</subsection><subsection number="53-22-101(4)">"Public school" means the same as that term is defined in Section <xref depth="3" refnumber="53G-9-205.1">53G-9-205.1</xref>.</subsection><subsection number="53-22-101(5)">"School" means an elementary school or a secondary school that:<subsection number="53-22-101(5)(a)">is a public school; and</subsection><subsection number="53-22-101(5)(b)">provides instruction for one or more of the grades of kindergarten through grade 12.</subsection></subsection><subsection number="53-22-101(6)">"School is in session" means the same as the term is defined in Section <xref depth="3" refnumber="53E-3-516">53E-3-516</xref>.</subsection><subsection number="53-22-101(7)">"School resource officer" means the same as that term is defined in Section <xref depth="3" refnumber="53G-8-701">53G-8-701</xref>.</subsection><subsection number="53-22-101(8)">"State security chief" means an individual appointed by the commissioner under Section <xref depth="3" refnumber="53-22-102">53-22-102</xref>.</subsection><subsection number="53-22-101(9)">"Task force" means the School Security Task Force created in Section <xref depth="3" refnumber="53-22-104.1">53-22-104.1</xref>.</subsection></section><section number="53-22-102"><histories><history>Amended by Chapter <modchap sess="2025GS">388</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Amended by Chapter <modchap sess="2025GS">470</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>State security chief -- Creation -- Appointment.</catchline><subsection number="53-22-102(1)">There is created within the department a state security chief.</subsection><subsection number="53-22-102(2)">The state security chief:<subsection number="53-22-102(2)(a)">is appointed by the commissioner with the approval of the governor;</subsection><subsection number="53-22-102(2)(b)">is subject to the supervision and control of the commissioner;</subsection><subsection number="53-22-102(2)(c)">may be removed at the will of the commissioner;</subsection><subsection number="53-22-102(2)(d)">shall be qualified by experience and education to:<subsection number="53-22-102(2)(d)(i)">enforce the laws of this state relating to school safety;</subsection><subsection number="53-22-102(2)(d)(ii)">perform duties prescribed by the commissioner; and</subsection><subsection number="53-22-102(2)(d)(iii)">enforce rules made under this chapter.</subsection></subsection></subsection><subsection number="53-22-102(3)">The state security chief shall:<subsection number="53-22-102(3)(a)">establish building and safety standards for all public and private schools, including:<subsection number="53-22-102(3)(a)(i)">coordinating with the State Board of Education to establish the required minimum safety and security standards for all public and private school facilities, including:<subsection number="53-22-102(3)(a)(i)(A)">limited entry points, including, if applicable, secured entry points for specific student grades or groups;</subsection><subsection number="53-22-102(3)(a)(i)(B)">video surveillance of entrances when school is in session;</subsection><subsection number="53-22-102(3)(a)(i)(C)">subject to Subsection <xref depth="4" refnumber="53-22-102(6)">(6)</xref>, exterior windows surrounding only the immediate entryways and only interior windows of a classroom entrance or instructional area protected by security glazing or ballistic windows;</subsection><subsection number="53-22-102(3)(a)(i)(D)">internal classroom door locks;</subsection><subsection number="53-22-102(3)(a)(i)(E)">bleed kits and first aid kits;</subsection><subsection number="53-22-102(3)(a)(i)(F)">exterior cameras on entrances, parking areas, and campus grounds; and</subsection><subsection number="53-22-102(3)(a)(i)(G)">fencing around playgrounds or supervised parameters using existing and adequate staffing to monitor in consultation with the county security chief;</subsection></subsection><subsection number="53-22-102(3)(a)(ii)">establishing a schedule or timeline for existing buildings to come into compliance with this section;</subsection><subsection number="53-22-102(3)(a)(iii)">creating a process to examine plans and specifications for construction or remodeling of a school building, in accordance with Section <xref depth="3" refnumber="53E-3-706">53E-3-706</xref>;</subsection><subsection number="53-22-102(3)(a)(iv)">recommending to the commissioner the denial or revocation a public or private school's occupancy permit for a building if:<subsection number="53-22-102(3)(a)(iv)(A)">the building does not meet the standards established in this section; and</subsection><subsection number="53-22-102(3)(a)(iv)(B)">after consultation with the local governing board, the building remains non-compliant with the standards established in this section;</subsection></subsection><subsection number="53-22-102(3)(a)(v)">creating minimum standards for radio communication equipment in every school; and</subsection><subsection number="53-22-102(3)(a)(vi)">establishing a process to approve the safety and security criteria the state superintendent of public instruction establishes for building inspectors described in Section <xref depth="3" refnumber="53E-3-706">53E-3-706</xref>;</subsection></subsection><subsection number="53-22-102(3)(b)">oversee the implementation of the school safety personnel requirements described in Section <xref depth="3" refnumber="53G-8-701.5">53G-8-701.5</xref>, including:<subsection number="53-22-102(3)(b)(i)">in consultation with a county security chief, overseeing the school guardian program described in Section <xref depth="3" refnumber="53-22-105">53-22-105</xref>, including approving and coordinating the relevant training programs;</subsection><subsection number="53-22-102(3)(b)(ii)">establishing an application process for approved alternatives to the school safety personnel requirements described in Section <xref depth="3" refnumber="53G-8-701.5">53G-8-701.5</xref>;</subsection><subsection number="53-22-102(3)(b)(iii)">selecting training requirements for school safety and security specialists in consultation with the State Board of Education as described in Section <xref depth="3" refnumber="53G-8-701.6">53G-8-701.6</xref>;</subsection><subsection number="53-22-102(3)(b)(iv)">as required by Section <xref depth="3" refnumber="53G-8-701.8">53G-8-701.8</xref>, tracking each school safety and security director for a local education agency and ensuring that the contact information for the school safety and security directors is readily available to the local law enforcement agency of relevant jurisdiction; and</subsection><subsection number="53-22-102(3)(b)(v)">reviewing and approving the State Board of Education's school resource officer training program as described in Section <xref depth="3" refnumber="53G-8-702">53G-8-702</xref>;</subsection></subsection><subsection number="53-22-102(3)(c)">oversee the creation of school safety trainings, protocols, and incident responses, including:<subsection number="53-22-102(3)(c)(i)">in consultation with the State Board of Education, defining what constitutes an "active threat" and "developmentally appropriate" for purposes of the emergency response training described in Section <xref depth="3" refnumber="53G-8-803">53G-8-803</xref>;</subsection><subsection number="53-22-102(3)(c)(ii)">in consultation with the Office of Substance Use and Mental Health, establishing or selecting an adolescent mental health and de-escalation training for school safety personnel;</subsection><subsection number="53-22-102(3)(c)(iii)">consulting with the School Safety Center to develop the model critical incident response that all schools and law enforcement will use during a threat, including:<subsection number="53-22-102(3)(c)(iii)(A)">standardized response protocol terminology for use throughout the state, including what constitutes a threat;</subsection><subsection number="53-22-102(3)(c)(iii)(B)">protocols for planning and safety drills, including drills required in a school before the school year begins;</subsection><subsection number="53-22-102(3)(c)(iii)(C)">integration and appropriate use of a panic alert device described in Subsection <xref depth="3" refnumber="53G-8-805">53G-8-805</xref>;</subsection><subsection number="53-22-102(3)(c)(iii)(D)">the establishment of incident command for a threat or safety incident, including which entity and individual runs the incident command;</subsection><subsection number="53-22-102(3)(c)(iii)(E)">the required components for a communication plan to be followed during an incident or threat;</subsection><subsection number="53-22-102(3)(c)(iii)(F)">reunification plan protocols, including the appropriate design and use of an incident command by others responding to or involved in an incident; and</subsection><subsection number="53-22-102(3)(c)(iii)(G)">recommendations for safety equipment for schools, including amounts and types of first aid supplies;</subsection></subsection><subsection number="53-22-102(3)(c)(iv)">reviewing and suggesting any changes to the response plans and training under Section <xref depth="3" refnumber="53G-8-803">53G-8-803</xref>;</subsection><subsection number="53-22-102(3)(c)(v)">creating the official standard response protocol described in Section <xref depth="3" refnumber="53G-8-803">53G-8-803</xref> for use by schools and law enforcement for school safety incidents; and</subsection><subsection number="53-22-102(3)(c)(vi)">establishing a manner for any security personnel described in Section <xref depth="3" refnumber="53G-8-701.5">53G-8-701.5</xref> to be quickly identified by law enforcement during an incident;</subsection></subsection><subsection number="53-22-102(3)(d)">in consultation with the School Safety Center established in Section <xref depth="3" refnumber="53G-8-802">53G-8-802</xref>:<subsection number="53-22-102(3)(d)(i)">create a process to receive and analyze the school safety needs assessments described in Section <xref depth="3" refnumber="53G-8-701.5">53G-8-701.5</xref>; and</subsection><subsection number="53-22-102(3)(d)(ii)">establish a required data reporting system for public schools to report serious and non-serious threats and other data related to threat assessment that the state security chief determines to be necessary; and</subsection></subsection><subsection number="53-22-102(3)(e)">fulfill any other duties and responsibilities determined by the commissioner.</subsection></subsection><subsection number="53-22-102(4)">In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department, in consultation with the state security chief, shall make rules to fulfill the duties described in this section.</subsection><subsection number="53-22-102(5)">The state security chief may delegate duties under this section to a sworn department member with the approval of the commissioner.</subsection><subsection number="53-22-102(6)"><subsection number="53-22-102(6)(a)">A school building shall come into compliance with window protection requirements in Subsection <xref depth="4" refnumber="53-22-102(3)(a)">(3)(a)</xref> by:<subsection number="53-22-102(6)(a)(i)">for schools located in a county of the first or second class, secure exterior windows surrounding only the immediate entryways by July 1, 2035;</subsection><subsection number="53-22-102(6)(a)(ii)">for schools located in a county of the third, fourth, fifth, or sixth class, secure exterior windows surrounding only the immediate entryways by July 1, 2040; and</subsection><subsection number="53-22-102(6)(a)(iii)">for all schools, secure only interior windows of a classroom entrance or instructional area from the floor, by July 1, 2040.</subsection></subsection><subsection number="53-22-102(6)(b)">The state security chief may grant an extension to the timelines in this Subsection <xref depth="4" refnumber="53-22-102(6)">(6)</xref> if requested by a local education agency.</subsection></subsection></section><section number="53-22-103"><histories><history>Amended by Chapter <modchap sess="2026GS">170</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>County sheriff responsibilities -- Coordination.</catchline><subsection number="53-22-103(1)">Each county sheriff shall identify an individual as a county security chief within the sheriff's office to coordinate security responsibilities, protocols, and required trainings between the state security chief, the county sheriff's office, and the corresponding police chiefs whose jurisdiction includes a public school within the county.</subsection><subsection number="53-22-103(2)">The county security chief shall:<subsection number="53-22-103(2)(a)">in collaboration with the school safety and security specialist described in Section <xref depth="3" refnumber="53G-8-701.6">53G-8-701.6</xref> and a member of the local law enforcement agency of relevant jurisdiction as described in Section <xref depth="3" refnumber="53-25-701">53-25-701</xref>:<subsection number="53-22-103(2)(a)(i)">administer or coordinate with a designee from the local law enforcement agency of relevant jurisdiction to participate in, by any appropriate means the county security chief determines, the school safety needs assessment described in Section <xref depth="3" refnumber="53G-8-701.5">53G-8-701.5</xref>; and</subsection><subsection number="53-22-103(2)(a)(ii)">review the results of the school safety needs assessment to recommend and implement improvements to school facilities, policies, procedures, protocols, rules, and regulations relating to school safety and security;</subsection></subsection><subsection number="53-22-103(2)(b)">collaborate and maintain effective communications regarding school safety with each:<subsection number="53-22-103(2)(b)(i)">school safety and security specialist in the county security chief's county, as described in Section <xref depth="3" refnumber="53G-8-701.6">53G-8-701.6</xref>;</subsection><subsection number="53-22-103(2)(b)(ii)">school safety and security director in the county security chief's county, as described in Section <xref depth="3" refnumber="53G-8-701.8">53G-8-701.8</xref>; and</subsection><subsection number="53-22-103(2)(b)(iii)">local law enforcement agency within the county;</subsection></subsection><subsection number="53-22-103(2)(c)">administer, or, if a local education agency chooses, designate qualified entities to administer, with the corresponding police chiefs whose jurisdiction includes a public school, the trainings described in Sections <xref depth="3" refnumber="53-22-105">53-22-105</xref> and <xref depth="3" refnumber="53G-8-704">53G-8-704</xref>, including:<subsection number="53-22-103(2)(c)(i)">assessing if an individual is capable of the duties and responsibilities that the trainings cover;</subsection><subsection number="53-22-103(2)(c)(ii)">denying an individual the ability to be any of the school safety personnel described in Section <xref depth="3" refnumber="53G-8-701.5">53G-8-701.5</xref> if the county security chief finds the individual is not capable of the duties and responsibilities that the trainings cover; and</subsection><subsection number="53-22-103(2)(c)(iii)">for any designated entity under this Subsection <xref depth="4" refnumber="53-22-103(2)(c)">(2)(c)</xref>:<subsection number="53-22-103(2)(c)(iii)(A)">ensuring the designated entity meets minimum training standards established by the state security chief;</subsection><subsection number="53-22-103(2)(c)(iii)(B)">providing written approval of the designation;</subsection><subsection number="53-22-103(2)(c)(iii)(C)">ensuring the designated entity coordinates with local law enforcement of the relevant jurisdiction; and</subsection><subsection number="53-22-103(2)(c)(iii)(D)">maintaining oversight and final authority over all training administration; and</subsection></subsection></subsection><subsection number="53-22-103(2)(d)">in conjunction with the state security chief, administer the school guardian program established in Section <xref depth="3" refnumber="53-22-105">53-22-105</xref> at any school participating in the program in the county security chief's county.</subsection></subsection></section><section number="53-22-105"><histories><history>Amended by Chapter <modchap sess="2026GS">170</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>School guardian program.</catchline><subsection number="53-22-105(1)">As used in this section:<subsection number="53-22-105(1)(a)">"Annual training" means an annual four-hour training that:<subsection number="53-22-105(1)(a)(i)">a county security chief or a designee administers in coordination with personnel from local law enforcement of relevant jurisdiction as described in Subsection <xref tempid="603">53-25-701(2)(b)</xref>;</subsection><subsection number="53-22-105(1)(a)(ii)">the state security chief approves;</subsection><subsection number="53-22-105(1)(a)(iii)">can be tailored to local needs;</subsection><subsection number="53-22-105(1)(a)(iv)">allows an individual to practice and demonstrate firearms proficiency at a firearms range using the firearm the individual carries for self defense and defense of others;</subsection><subsection number="53-22-105(1)(a)(v)">includes the following components:<subsection number="53-22-105(1)(a)(v)(A)">firearm safety, including safe storage of a firearm;</subsection><subsection number="53-22-105(1)(a)(v)(B)">de-escalation tactics;</subsection><subsection number="53-22-105(1)(a)(v)(C)">the role of mental health in incidents; and</subsection><subsection number="53-22-105(1)(a)(v)(D)">disability awareness and interactions; and</subsection></subsection><subsection number="53-22-105(1)(a)(vi)">contains other training needs as determined by the state security chief.</subsection></subsection><subsection number="53-22-105(1)(b)">"Biannual training" means a twice-yearly training that:<subsection number="53-22-105(1)(b)(i)">is at least four hours, unless otherwise approved by the state security chief;</subsection><subsection number="53-22-105(1)(b)(ii)">a county security chief or a designee administers in coordination with personnel from local law enforcement of relevant jurisdiction as described in Subsection <xref depth="4" refnumber="53-25-701(2)(b)">53-25-701(2)(b)</xref>;</subsection><subsection number="53-22-105(1)(b)(iii)">the state security chief approves;</subsection><subsection number="53-22-105(1)(b)(iv)">can be tailored to local needs;</subsection><subsection number="53-22-105(1)(b)(v)">through which a school guardian at a school or simulated school environment:<subsection number="53-22-105(1)(b)(v)(A)">receives training on the specifics of the building or buildings of the school, including the location of emergency supplies and security infrastructure; and</subsection><subsection number="53-22-105(1)(b)(v)(B)">participates in a live-action practice plan with school administrators in responding to active threats at the school; and</subsection></subsection><subsection number="53-22-105(1)(b)(vi)">shall be taken with at least three months in between the two trainings.</subsection></subsection><subsection number="53-22-105(1)(c)">"Deadly force" means the same as that term is defined in Section <xref depth="3" refnumber="76-2-408">76-2-408</xref>.</subsection><subsection number="53-22-105(1)(d)">"Firearm" means the same as that term is defined in Section <xref refnumber="76-11-101" depth="4">76-11-101</xref>.</subsection><subsection number="53-22-105(1)(e)">"Initial training" means an in-person training that:<subsection number="53-22-105(1)(e)(i)">a county security chief or a designee administers in coordination with personnel from local law enforcement of relevant jurisdiction as described in Subsection <xref depth="4" refnumber="53-25-701(2)(b)">53-25-701(2)(b)</xref>;</subsection><subsection number="53-22-105(1)(e)(ii)">the state security chief approves;</subsection><subsection number="53-22-105(1)(e)(iii)">can be tailored to local needs; and</subsection><subsection number="53-22-105(1)(e)(iv)">provides:<subsection number="53-22-105(1)(e)(iv)(A)">training on general familiarity with the types of firearms that can be concealed for self-defense and defense of others;</subsection><subsection number="53-22-105(1)(e)(iv)(B)">training on the safe loading, unloading, storage, and carrying of firearms in a school setting;</subsection><subsection number="53-22-105(1)(e)(iv)(C)">training at a firearms range with instruction regarding firearms fundamentals, marksmanship, the demonstration and explanation of the difference between sight picture, sight alignment, and trigger control, and a recognized pistol course;</subsection><subsection number="53-22-105(1)(e)(iv)(D)">current laws dealing with the lawful use of a firearm by a private citizen, including laws on self-defense, defense of others, transportation of firearms, and concealment of firearms;</subsection><subsection number="53-22-105(1)(e)(iv)(E)">coordination with law enforcement officers in the event of an active threat;</subsection><subsection number="53-22-105(1)(e)(iv)(F)">basic trauma first aid;</subsection><subsection number="53-22-105(1)(e)(iv)(G)">the appropriate use of force, emphasizing the de-escalation of force and alternatives to using force; and</subsection><subsection number="53-22-105(1)(e)(iv)(H)">situational response evaluations, including:<subsection number="53-22-105(1)(e)(iv)(H)(I)">protecting and securing a crime or accident scene;</subsection><subsection number="53-22-105(1)(e)(iv)(H)(II)">notifying law enforcement;</subsection><subsection number="53-22-105(1)(e)(iv)(H)(III)">controlling information; and</subsection><subsection number="53-22-105(1)(e)(iv)(H)(IV)">other training that the county sheriff, designee, or department deems appropriate.</subsection></subsection></subsection></subsection><subsection number="53-22-105(1)(f)">"Program" means the school guardian program created in this section.</subsection><subsection number="53-22-105(1)(g)"><subsection number="53-22-105(1)(g)(i)">"School employee" means an employee of a school or law enforcement agency whose duties and responsibilities require the employee to be physically present at a school's campus while school is in session.</subsection><subsection number="53-22-105(1)(g)(ii)">"School employee" does not include a teacher or individual whose primary responsibilities require the employee to be primarily present in a classroom to teach, care for, or interact with students, unless:<subsection number="53-22-105(1)(g)(ii)(A)">the teacher or individual is employed at a school with 350 or fewer students;</subsection><subsection number="53-22-105(1)(g)(ii)(B)">the teacher or individual is employed at a school with adjacent campuses as determined by the state security chief; or</subsection><subsection number="53-22-105(1)(g)(ii)(C)">as provided in Subsection <xref depth="4" refnumber="53G-8-701.5(3)">53G-8-701.5(3)</xref>.</subsection></subsection></subsection><subsection number="53-22-105(1)(h)">"School guardian" means a school employee who meets the requirements of Subsection <xref depth="4" refnumber="53-22-105(3)">(3)</xref>.</subsection></subsection><subsection number="53-22-105(2)"><subsection number="53-22-105(2)(a)"><subsection number="53-22-105(2)(a)(i)">There is created within the department the school guardian program.</subsection><subsection number="53-22-105(2)(a)(ii)">The state security chief shall oversee the school guardian program.</subsection><subsection number="53-22-105(2)(a)(iii)">The applicable county security chief shall administer the school guardian program in each county.</subsection></subsection><subsection number="53-22-105(2)(b)">The state security chief shall ensure that the school guardian program includes:<subsection number="53-22-105(2)(b)(i)">initial training;</subsection><subsection number="53-22-105(2)(b)(ii)">biannual training; and</subsection><subsection number="53-22-105(2)(b)(iii)">annual training.</subsection></subsection><subsection number="53-22-105(2)(c)">A county sheriff may partner or contract with:<subsection number="53-22-105(2)(c)(i)">another county sheriff to support the respective county security chiefs in jointly administering the school guardian program in the relevant counties; and</subsection><subsection number="53-22-105(2)(c)(ii)">a local law enforcement agency of relevant jurisdiction to provide the:<subsection number="53-22-105(2)(c)(ii)(A)">initial training;</subsection><subsection number="53-22-105(2)(c)(ii)(B)">biannual training; and</subsection><subsection number="53-22-105(2)(c)(ii)(C)">annual training.</subsection></subsection></subsection></subsection><subsection number="53-22-105(3)"><subsection number="53-22-105(3)(a)">A school employee that volunteers to participate is eligible to join the program as a school guardian if:<subsection number="53-22-105(3)(a)(i)">the school administrator approves the volunteer school employee to be designated as a school guardian;</subsection><subsection number="53-22-105(3)(a)(ii)">the school employee satisfactorily completes initial training within six months before the day on which the school employee joins the program;</subsection><subsection number="53-22-105(3)(a)(iii)">the school employee holds a valid concealed carry permit issued under Chapter 5a, Part 3, Concealed Firearm Permits;</subsection><subsection number="53-22-105(3)(a)(iv)">the school employee certifies to the sheriff of the county where the school is located that the school employee has undergone the training in accordance with Subsection <xref depth="4" refnumber="53-22-105(3)(a)(ii)">(3)(a)(ii)</xref> and intends to serve as a school guardian; and</subsection><subsection number="53-22-105(3)(a)(v)">the school employee:<subsection number="53-22-105(3)(a)(v)(A)">completes an initial "fit to carry" assessment the Department of Health and Human Services approves and a provider administers; and</subsection><subsection number="53-22-105(3)(a)(v)(B)">maintains compliance with mental health screening requirements consistent with law enforcement standards.</subsection></subsection></subsection><subsection number="53-22-105(3)(b)">After joining the program a school guardian shall complete annual training and biannual training to retain the designation of a school guardian in the program.</subsection></subsection><subsection number="53-22-105(4)">The state security chief shall:<subsection number="53-22-105(4)(a)">for each school that participates in the program, track each school guardian at the school by collecting the photograph and the name and contact information for each guardian;</subsection><subsection number="53-22-105(4)(b)">make the information described in Subsection <xref depth="4" refnumber="53-22-105(4)(a)">(4)(a)</xref> readily available to each law enforcement agency in the state categorized by school; and</subsection><subsection number="53-22-105(4)(c)">in accordance with Section <xref depth="3" refnumber="53G-8-701.5">53G-8-701.5</xref>, and subject to legislative appropriations, consult with the State Board of Education to provide each school guardian with a one-time stipend.</subsection></subsection><subsection number="53-22-105(5)">A school guardian:<subsection number="53-22-105(5)(a)">shall carry the school guardian's firearm on the school guardian's person in a concealed manner at all times while on duty during school hours;</subsection><subsection number="53-22-105(5)(b)">may temporarily store the school guardian's firearm in a biometric gun safe located in the school guardian's office only:<subsection number="53-22-105(5)(b)(i)">for brief personal needs such as restroom use;</subsection><subsection number="53-22-105(5)(b)(ii)">during required activities where carrying is physically impractical and approved by the school administrator; or</subsection><subsection number="53-22-105(5)(b)(iii)">at the end of the school guardian's shift;</subsection></subsection><subsection number="53-22-105(5)(c)">shall ensure that any temporary storage under Subsection <xref depth="4" refnumber="53-22-105(5)(b)">(5)(b)</xref>:<subsection number="53-22-105(5)(c)(i)">does not exceed 15 minutes per occasion, except as approved by the school administrator for documented necessity;</subsection><subsection number="53-22-105(5)(c)(ii)">occurs only when the school guardian is physically present on school grounds; and</subsection><subsection number="53-22-105(5)(c)(iii)">is immediately retrievable by the school guardian;</subsection></subsection><subsection number="53-22-105(5)(d)">may not, unless during an active threat, display or open carry a firearm while on school grounds; and</subsection><subsection number="53-22-105(5)(e)">shall ensure the firearm is immediately accessible to respond to active threats during the school guardian's assigned duty hours.</subsection></subsection><subsection number="53-22-105(6)">Except as provided in Subsection <xref refnumber="(5)(d)" depth="4">(5)(d)</xref>, this section does not prohibit an individual who has a valid concealed carry permit but is not participating in the program from carrying a firearm on the grounds of a public school or charter school under Subsection <xref refnumber="76-11-205(4)" depth="4">76-11-205(4)</xref>.</subsection><subsection number="53-22-105(7)">A school guardian:<subsection number="53-22-105(7)(a)">does not have authority to act in a law enforcement capacity; and</subsection><subsection number="53-22-105(7)(b)">may, at the school where the school guardian is employed:<subsection number="53-22-105(7)(b)(i)">take actions necessary to prevent or abate an active threat; and</subsection><subsection number="53-22-105(7)(b)(ii)">temporarily detain an individual when the school guardian has reasonable cause to believe the individual has committed or is about to commit a forcible felony, as that term is defined in Section <xref depth="3" refnumber="76-2-402">76-2-402</xref>.</subsection></subsection></subsection><subsection number="53-22-105(8)">A school may designate a single volunteer or multiple volunteers to participate in the school guardian program to satisfy the school safety personnel requirements of Section <xref depth="3" refnumber="53G-8-701.5">53G-8-701.5</xref>.</subsection><subsection number="53-22-105(9)">The department may adopt, according to Title 63G, Chapter 3, Utah Administrative Rulemaking Act, rules to administer this section.</subsection><subsection number="53-22-105(10)">A school guardian who has active status in the guardian program is not liable for any civil damages or penalties if the school guardian:<subsection number="53-22-105(10)(a)">when carrying or storing a firearm:<subsection number="53-22-105(10)(a)(i)">is acting in good faith; and</subsection><subsection number="53-22-105(10)(a)(ii)">is not grossly negligent; or</subsection></subsection><subsection number="53-22-105(10)(b)">threatens, draws, or otherwise uses a firearm reasonably believing the action to be<eol/>necessary in compliance with Section <xref depth="3" refnumber="76-2-402">76-2-402</xref>.</subsection></subsection><subsection number="53-22-105(11)">A school guardian shall file a report described in Subsection <xref depth="4" refnumber="53-22-105(12)">(12)</xref> if, during the performance of the school guardian's duties, the school guardian points a firearm at an individual.</subsection><subsection number="53-22-105(12)"><subsection number="53-22-105(12)(a)">A report described in Subsection <xref depth="4" refnumber="53-22-105(11)">(11)</xref> shall include:<subsection number="53-22-105(12)(a)(i)">a description of the incident;</subsection><subsection number="53-22-105(12)(a)(ii)">the identification of the individuals involved in the incident; and</subsection><subsection number="53-22-105(12)(a)(iii)">any other information required by the state security chief.</subsection></subsection><subsection number="53-22-105(12)(b)">A school guardian shall submit a report required under Subsection <xref depth="4" refnumber="53-22-105(11)">(11)</xref> to the school administrator, school safety and security director, and the state security chief within 48 hours after the incident.</subsection><subsection number="53-22-105(12)(c)">The school administrator, school safety and security director, and the state security chief shall consult and review the report submitted under Subsection <xref depth="4" refnumber="53-22-105(12)(b)">(12)(b)</xref>.</subsection></subsection><subsection number="53-22-105(13)">The requirements of Subsections <xref depth="4" refnumber="53-22-105(11)">(11)</xref> and <xref depth="4" refnumber="53-22-105(12)">(12)</xref> do not apply to a training exercise.</subsection><subsection number="53-22-105(14)">If a school guardian uses deadly force, the guardian:<subsection number="53-22-105(14)(a)">shall be placed on administrative leave pending investigation;</subsection><subsection number="53-22-105(14)(b)">may not be required to provide a written report described in Subsections <xref depth="4" refnumber="53-22-105(11)">(11)</xref> and <xref depth="4" refnumber="53-22-105(12)">(12)</xref>;</subsection><subsection number="53-22-105(14)(c)"><subsection number="53-22-105(14)(c)(i)">may not be required to participate in a voluntary interview; and</subsection><subsection number="53-22-105(14)(c)(ii)">if the guardian chooses to participate in an interview, the interview may not be sooner than two sleep cycles after the incident; and</subsection></subsection><subsection number="53-22-105(14)(d)">shall be subject to investigation by the law enforcement agency with primary jurisdiction over the school's location.</subsection></subsection><subsection number="53-22-105(15)">A school guardian may have the designation of school guardian revoked at any time by the school principal, county sheriff, or state security chief.</subsection><subsection number="53-22-105(16)"><subsection number="53-22-105(16)(a)">Any information or record created detailing a school guardian's participation in the program is:<subsection number="53-22-105(16)(a)(i)">a private, controlled, or protected record under Title 63G, Chapter 2, Government Records Access and Management Act; and</subsection><subsection number="53-22-105(16)(a)(ii)">available only to:<subsection number="53-22-105(16)(a)(ii)(A)">the state security chief;</subsection><subsection number="53-22-105(16)(a)(ii)(B)">administrators at the school guardian's school;</subsection><subsection number="53-22-105(16)(a)(ii)(C)">if applicable, other school safety personnel described in Section <xref depth="3" refnumber="53G-8-701.5">53G-8-701.5</xref>;</subsection><subsection number="53-22-105(16)(a)(ii)(D)">school employees participating in the Educator-Protector Program under Section <xref depth="3" refnumber="53-22-107">53-22-107</xref> at the same school;</subsection><subsection number="53-22-105(16)(a)(ii)(E)">a local law enforcement agency that would respond to the school in case of an emergency; and</subsection><subsection number="53-22-105(16)(a)(ii)(F)">the individual designated by the county sheriff in accordance with Section <xref depth="3" refnumber="53-22-103">53-22-103</xref> of the county of the school where the school guardian in the program is located.</subsection></subsection></subsection><subsection number="53-22-105(16)(b)">The information or record described in Subsection <xref refnumber="(16)(a)" depth="4">(16)(a)</xref> includes information related to the school guardian's identity and activity within the program as described in this section and any personal identifying information of a school guardian participating in the program collected or obtained during initial training, annual training, and biannual training.</subsection><subsection number="53-22-105(16)(c)">An individual who intentionally or knowingly provides the information described in Subsection <xref refnumber="(16)(a)" depth="4">(16)(a)</xref> to an individual or entity not listed in Subsection <xref refnumber="(16)(a)(ii)" depth="4">(16)(a)(ii)</xref> is guilty of a class B misdemeanor.</subsection></subsection></section><section number="53-22-106"><histories><history>Amended by Chapter <modchap sess="2026GS">324</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Substantial threats against a school reporting requirements -- Exceptions.</catchline><subsection number="53-22-106(1)">As used in this section, "substantial threat" means a threat made with serious intent to cause harm.</subsection><subsection number="53-22-106(2)">Except as provided in Subsection <xref depth="4" refnumber="53-22-106(3)">(3)</xref>, if a state employee or person in a position of special trust as defined in Section <xref depth="3" refnumber="76-5-404.1">76-5-404.1</xref>, including an individual licensed under Title 58, Chapter 31b, Nurse Practice Act, or Title 58, Chapter 67, Utah Medical Practice Act, has reason to believe a substantial threat against a school, school employee, or student attending a school or is aware of circumstances that would reasonably result in a substantial threat against a school, school employee, or student attending a school, the state employee or person in a position of special trust shall immediately report the suspected substantial threat to:<subsection number="53-22-106(2)(a)">the local education agency that the substantial threat would impact;</subsection><subsection number="53-22-106(2)(b)">the nearest peace officer or law enforcement agency; and</subsection><subsection number="53-22-106(2)(c)">the state security chief.</subsection></subsection><subsection number="53-22-106(3)"><subsection number="53-22-106(3)(a)"><subsection number="53-22-106(3)(a)(i)">If the state security chief, a peace officer, or law enforcement agency receives a report under Subsection <xref depth="4" refnumber="53-22-106(2)">(2)</xref>, the state security chief, peace officer, or law enforcement agency shall immediately notify the local education agency that the substantial threat would impact.</subsection><subsection number="53-22-106(3)(a)(ii)">If the local education agency that the substantial threat would impact receives a report under Subsection <xref depth="4" refnumber="53-22-106(2)">(2)</xref>, the local education agency that the substantial threat would impact shall immediately notify the appropriate local law enforcement agency and the state security chief.</subsection></subsection><subsection number="53-22-106(3)(b)"><subsection number="53-22-106(3)(b)(i)">A local education agency that the substantial threat would impact shall coordinate with the law enforcement agency on the law enforcement agency's investigation of the report described in Subsection (2).</subsection><subsection number="53-22-106(3)(b)(ii)">If a law enforcement agency undertakes an investigation of a report under Subsection <xref depth="4" refnumber="53-22-106(2)">(2)</xref>, the law enforcement agency shall provide a final investigatory report to the local education agency that the substantial threat would impact upon request.</subsection></subsection></subsection><subsection number="53-22-106(4)">Subject to Subsection <xref depth="4" refnumber="53-22-106(5)">(5)</xref>, the reporting requirement described in Subsection <xref depth="4" refnumber="53-22-106(2)">(2)</xref> does not apply to:<subsection number="53-22-106(4)(a)">a member of the clergy with regard to any confession an individual makes to the member of the clergy while functioning in the ministerial capacity of the member of the clergy if:<subsection number="53-22-106(4)(a)(i)">the individual made the confession directly to the member of the clergy;</subsection><subsection number="53-22-106(4)(a)(ii)">the member of the clergy is, under canon law or church doctrine or practice, bound to maintain the confidentiality of the confession; and</subsection><subsection number="53-22-106(4)(a)(iii)">the member of the clergy does not have the consent of the individual making the confession to disclose the content of the confession; or</subsection></subsection><subsection number="53-22-106(4)(b)">an attorney, or an individual whom the attorney employs, if:<subsection number="53-22-106(4)(b)(i)">the knowledge or belief of the substantial threat arises from the representation of a client; and</subsection><subsection number="53-22-106(4)(b)(ii)">if disclosure of the substantial threat would not reveal the substantial threat to prevent reasonably certain death or substantial bodily harm in accordance with Utah Rules of Professional Conduct, Rule 1.6.</subsection></subsection></subsection><subsection number="53-22-106(5)"><subsection number="53-22-106(5)(a)">When a member of the clergy receives information about the substantial threat from any source other than a confession, the member of the clergy shall report the information even if the member of the clergy also received information about the substantial threat from the confession of the perpetrator.</subsection><subsection number="53-22-106(5)(b)">Exemption of the reporting requirement for an individual described in Subsection <xref depth="4" refnumber="53-22-106(4)">(4)</xref> does not exempt the individual from any other actions required by law to prevent further substantial threats or actual harm related to the substantial threat.</subsection></subsection><subsection number="53-22-106(6)">The physician-patient privilege does not:<subsection number="53-22-106(6)(a)">excuse an individual who is licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, from reporting under this section; or</subsection><subsection number="53-22-106(6)(b)">constitute grounds for excluding evidence in a judicial or administrative proceeding resulting from a report under this section.</subsection></subsection></section><section number="53-22-107"><histories><history>Amended by Chapter <modchap sess="2026GS">170</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Educator-Protector Program.</catchline><subsection number="53-22-107(1)">As used in this section:<subsection number="53-22-107(1)(a)">"Annual classroom response training" means a training for a school employee:<subsection number="53-22-107(1)(a)(i)">that is held at least once a year and is administered, at no cost to a school employee, by the individual identified by the county sheriff as described in Section <xref depth="3" refnumber="53-22-103">53-22-103</xref>; and</subsection><subsection number="53-22-107(1)(a)(ii)">where the school employee is trained:<subsection number="53-22-107(1)(a)(ii)(A)">on how to defend a classroom against active threats emphasizing the school employee's role in stationary defense; and</subsection><subsection number="53-22-107(1)(a)(ii)(B)">on the safe loading, unloading, storage, and carrying of firearms in a school setting.</subsection></subsection></subsection><subsection number="53-22-107(1)(b)">"Bureau" means the Bureau of Criminal Identification created in Section <xref depth="3" refnumber="53-10-201">53-10-201</xref>.</subsection><subsection number="53-22-107(1)(c)">"Local education agency" means the same as that term is defined in Section <xref depth="3" refnumber="53E-1-102">53E-1-102</xref>.</subsection><subsection number="53-22-107(1)(d)">"Program" means the Educator-Protector Program created under this section.</subsection><subsection number="53-22-107(1)(e)">"School employee" means the same as that term is defined in Section <xref depth="3" refnumber="53-22-105">53-22-105</xref>.</subsection></subsection><subsection number="53-22-107(2)">There is created the Educator-Protector Program to incentivize a school employee to responsibly secure or carry a firearm on the grounds of the school where the school employee is employed.</subsection><subsection number="53-22-107(3)"><subsection number="53-22-107(3)(a)">To participate in the program, a school employee shall:<subsection number="53-22-107(3)(a)(i)">have completed an annual classroom response training within six months before the day on which the school employee joins the program;</subsection><subsection number="53-22-107(3)(a)(ii)">have a valid concealed carry permit issued under Title 53, Chapter 5a, Part 3, Concealed Firearm Permits; and</subsection><subsection number="53-22-107(3)(a)(iii)">certify to the department that:<subsection number="53-22-107(3)(a)(iii)(A)">the school employee satisfies the requirements described in Subsections <xref depth="4" refnumber="53-22-107(3)(a)(i)">(3)(a)(i)</xref> and <xref depth="4" refnumber="53-22-107(3)(a)(ii)">(3)(a)(ii)</xref>; and</subsection><subsection number="53-22-107(3)(a)(iii)(B)">if applicable, intends to securely store or carry a firearm on the grounds of a school where the school employee is employed.</subsection></subsection></subsection><subsection number="53-22-107(3)(b)">After joining the program, to retain the school employee's active status in the program, a school employee shall:<subsection number="53-22-107(3)(b)(i)">participate in annual classroom response training; and</subsection><subsection number="53-22-107(3)(b)(ii)">comply with any rules established by the department in accordance with Subsection <xref depth="4" refnumber="53-22-107(10)">(10)</xref>.</subsection></subsection></subsection><subsection number="53-22-107(4)"><subsection number="53-22-107(4)(a)">The state security chief shall:<subsection number="53-22-107(4)(a)(i)">track each school employee that participates in the program by collecting a photograph, name, and contact information for each school employee;</subsection><subsection number="53-22-107(4)(a)(ii)">make the information described in Subsection (<xref refnumber="(4)(a)(i)" depth="4">4)(a)(i</xref>) readily available to each law enforcement agency in the state; and</subsection><subsection number="53-22-107(4)(a)(iii)">provide reasonable reimbursement, using funds appropriated by the Legislature, to a county sheriff for providing a school employee with annual classroom response training.</subsection></subsection><subsection number="53-22-107(4)(b)">The state security chief shall categorize the information described in Subsection <xref depth="4" refnumber="53-22-107(4)(a)(i)">(4)(a)(i)</xref> by school.</subsection></subsection><subsection number="53-22-107(5)">A school employee participating in the program:<subsection number="53-22-107(5)(a)">may store the school employee's firearm on the grounds of a school only if:<subsection number="53-22-107(5)(a)(i)">the firearm is stored in a biometric gun safe;</subsection><subsection number="53-22-107(5)(a)(ii)">the biometric gun safe is located in the school employee's classroom or office; and</subsection><subsection number="53-22-107(5)(a)(iii)">the school employee is physically present on the grounds of the school while the firearm is stored in the biometric gun safe; and</subsection></subsection><subsection number="53-22-107(5)(b)">shall carry the school employee's firearm in a concealed manner unless during an active threat.</subsection></subsection><subsection number="53-22-107(6)">This section does not prohibit an individual who has a valid concealed carry permit but is not participating in the program from carrying firearms on the grounds of a school as described in Subsection <xref depth="4" refnumber="76-11-205(4)">76-11-205(4)</xref>.</subsection><subsection number="53-22-107(7)"><subsection number="53-22-107(7)(a)">A school employee who has active status in the program is not liable for any civil damages or penalties if the school employee:<subsection number="53-22-107(7)(a)(i)">when carrying or storing a firearm:<subsection number="53-22-107(7)(a)(i)(A)">is acting in good faith; and</subsection><subsection number="53-22-107(7)(a)(i)(B)">is not grossly negligent; or</subsection></subsection><subsection number="53-22-107(7)(a)(ii)">threatens, draws, or otherwise uses a firearm reasonably believing the action to be necessary in compliance with Section <xref depth="3" refnumber="76-2-402">76-2-402</xref>.</subsection></subsection><subsection number="53-22-107(7)(b)">A local education agency is not liable for civil damages or penalties resulting from a school employee who is participating in the program carrying, using, or storing a firearm at a school.</subsection></subsection><subsection number="53-22-107(8)">A local education agency may not prevent a school employee from participating in the program under this section.</subsection><subsection number="53-22-107(9)"><subsection number="53-22-107(9)(a)">Any information or record created detailing a school employee's participation in the program is:<subsection number="53-22-107(9)(a)(i)">a private, controlled, or protected record under Title 63G, Chapter 2, Government Records Access and Management Act; and</subsection><subsection number="53-22-107(9)(a)(ii)">available only to:<subsection number="53-22-107(9)(a)(ii)(A)">the state security chief;</subsection><subsection number="53-22-107(9)(a)(ii)(B)">school guardians under Section <xref depth="3" refnumber="53-22-105">53-22-105</xref> at the same school;</subsection><subsection number="53-22-107(9)(a)(ii)(C)">a local law enforcement agency that would respond to the school in case of an emergency; and</subsection><subsection number="53-22-107(9)(a)(ii)(D)">the individual identified by the county sheriff as described in Section <xref depth="3" refnumber="53-22-103">53-22-103</xref>.</subsection></subsection></subsection><subsection number="53-22-107(9)(b)">The information or record described in Subsection <xref depth="4" refnumber="53-22-107(9)(a)">(9)(a)</xref> includes the information described in Subsection <xref depth="4" refnumber="53-22-107(4)(a)(i)">(4)(a)(i)</xref> and any personal identifying information of a school employee participating in the program collected or obtained during annual classroom response training.</subsection><subsection number="53-22-107(9)(c)">An individual who intentionally or knowingly provides the information described in Subsection <xref depth="4" refnumber="53-22-107(9)(a)">(9)(a)</xref> to an individual or entity not listed in Subsection <xref depth="4" refnumber="53-22-107(9)(a)(ii)">(9)(a)(ii)</xref> is guilty of a class A misdemeanor.</subsection></subsection><subsection number="53-22-107(10)">In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may adopt rules to administer this section.</subsection></section><section number="53-22-108"><histories><history>Enacted by Chapter <modchap sess="2025GS">388</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>School safety foundation.</catchline><subsection number="53-22-108(1)">As used in this section:<subsection number="53-22-108(1)(a)">"Authorized foundation" means a nonprofit foundation that:<subsection number="53-22-108(1)(a)(i)">meets the requirements of this section; and</subsection><subsection number="53-22-108(1)(a)(ii)">the state security chief authorizes in consultation with the School Safety Center created in Section <xref depth="3" refnumber="53G-8-802">53G-8-802</xref>.</subsection></subsection><subsection number="53-22-108(1)(b)">"School safety product" means equipment, technology, service, or material that enhances school safety and security.</subsection></subsection><subsection number="53-22-108(2)">The state security chief may approve a nonprofit foundation to be an authorized foundation if the foundation:<subsection number="53-22-108(2)(a)">maintains status as a nonprofit organization under 26 U.S.C. Sec. 501(c)(3);</subsection><subsection number="53-22-108(2)(b)">has operated continuously in the state for three or more years;</subsection><subsection number="53-22-108(2)(c)">maintains a primary mission focused on school safety;</subsection><subsection number="53-22-108(2)(d)">operates under a board of directors that includes:<subsection number="53-22-108(2)(d)(i)">a law enforcement representative;</subsection><subsection number="53-22-108(2)(d)(ii)">an educator or school administrator; and</subsection><subsection number="53-22-108(2)(d)(iii)">an emergency management professional;</subsection></subsection><subsection number="53-22-108(2)(e)">demonstrates financial stability through:<subsection number="53-22-108(2)(e)(i)">an annual independent audit;</subsection><subsection number="53-22-108(2)(e)(ii)">maintained reserves; and</subsection><subsection number="53-22-108(2)(e)(iii)">a clean financial record; and</subsection></subsection><subsection number="53-22-108(2)(f)">provides evidence of:<subsection number="53-22-108(2)(f)(i)">successful project management;</subsection><subsection number="53-22-108(2)(f)(ii)">an existing relationship with an educational institution; and</subsection><subsection number="53-22-108(2)(f)(iii)">knowledge of school safety requirements described in federal and state law.</subsection></subsection></subsection><subsection number="53-22-108(3)"> A foundation seeking authorization shall submit to the state security chief:<subsection number="53-22-108(3)(a)">a written application that demonstrates compliance with Subsection (2);</subsection><subsection number="53-22-108(3)(b)">a financial record for the previous three years;</subsection><subsection number="53-22-108(3)(c)">a current board member qualification;</subsection><subsection number="53-22-108(3)(d)">a proposed school safety initiative; and</subsection><subsection number="53-22-108(3)(e)">an internal procurement policy for purchases not made from a state cooperative contract.</subsection></subsection><subsection number="53-22-108(4)">The state security chief shall:<subsection number="53-22-108(4)(a)">review an application within 60 days;</subsection><subsection number="53-22-108(4)(b)">request additional information if needed;</subsection><subsection number="53-22-108(4)(c)">issue a written decision; and</subsection><subsection number="53-22-108(4)(d)">maintain a public record of an authorized foundation, including records related to the approval process of an authorized foundation.</subsection></subsection><subsection number="53-22-108(5)">An authorized foundation may:<subsection number="53-22-108(5)(a)">use a state cooperative contract in accordance with Section <xref depth="3" refnumber="63G-6a-2105">63G-6a-2105</xref>;</subsection><subsection number="53-22-108(5)(b)">make a bulk purchase of a school safety product; and</subsection><subsection number="53-22-108(5)(c)">in coordination with the state security chief and the School Safety Center:<subsection number="53-22-108(5)(c)(i)">facilitate a donation of a school safety product; and</subsection><subsection number="53-22-108(5)(c)(ii)">distribute a product to a school.</subsection></subsection></subsection><subsection number="53-22-108(6)">An authorized foundation shall:<subsection number="53-22-108(6)(a)">follow Title 63G, Chapter 6a, Utah Procurement Code, when utilizing a state cooperative contract;</subsection><subsection number="53-22-108(6)(b)">maintain separate accounting for a school safety purchase;</subsection><subsection number="53-22-108(6)(c)">by August 1 of each year, submit an annual report to the state security chief that includes:<subsection number="53-22-108(6)(c)(i)">any product procured through a state cooperative contract;</subsection><subsection number="53-22-108(6)(c)(ii)">the annual independent audit required in Subsection <xref tempid="258" depth="4" refnumber="(2)(e)">(2)(e)</xref>;</subsection><subsection number="53-22-108(6)(c)(iii)">all schools served;</subsection><subsection number="53-22-108(6)(c)(iv)">the total value of a donation facilitated; and</subsection><subsection number="53-22-108(6)(c)(v)">a compliance certification; and</subsection></subsection><subsection number="53-22-108(6)(d)">renew authorization every three years.</subsection></subsection><subsection number="53-22-108(7)">The state security chief:<subsection number="53-22-108(7)(a)">may revoke authorization if the authorized foundation:<subsection number="53-22-108(7)(a)(i)">fails to maintain a requirement of this section;</subsection><subsection number="53-22-108(7)(a)(ii)">engages in financial mismanagement; or</subsection><subsection number="53-22-108(7)(a)(iii)">submits false information in a report required by this section; and</subsection></subsection><subsection number="53-22-108(7)(b)">shall, before revoking authorization:<subsection number="53-22-108(7)(b)(i)">provide written notice to the foundation;</subsection><subsection number="53-22-108(7)(b)(ii)">allow a 30-day period to remedy the violation;</subsection><subsection number="53-22-108(7)(b)(iii)">provide an opportunity for a hearing; and</subsection><subsection number="53-22-108(7)(b)(iv)">issue a final written decision.</subsection></subsection></subsection><subsection number="53-22-108(8)">Authorization under this section does not:<subsection number="53-22-108(8)(a)">create state liability;</subsection><subsection number="53-22-108(8)(b)">imply state endorsement;</subsection><subsection number="53-22-108(8)(c)">override a local procurement requirement; and</subsection><subsection number="53-22-108(8)(d)">exempt the foundation from an applicable law.</subsection></subsection></section><section number="53-22-109"><histories><history>Enacted by Chapter <modchap sess="2025GS">388</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>School safety -- Compliance.</catchline><subsection number="53-22-109(1)">As used in this section:<subsection number="53-22-109(1)(a)">"Compliance issue" means a violation of a school safety requirement under:<subsection number="53-22-109(1)(a)(i)">this chapter; or</subsection><subsection number="53-22-109(1)(a)(ii)">rules established in accordance with this chapter.</subsection></subsection><subsection number="53-22-109(1)(b)">"Tiered system of support" means an escalating system of:<subsection number="53-22-109(1)(b)(i)">technical assistance;</subsection><subsection number="53-22-109(1)(b)(ii)">intervention; and</subsection><subsection number="53-22-109(1)(b)(iii)">corrective action.</subsection></subsection></subsection><subsection number="53-22-109(2)">The state security chief shall, in collaboration with the School Safety Center:<subsection number="53-22-109(2)(a)">establish a tiered system of support for a compliance issue;</subsection><subsection number="53-22-109(2)(b)">develop implementation procedures for the system; and</subsection><subsection number="53-22-109(2)(c)">define criteria for:<subsection number="53-22-109(2)(c)(i)">evaluating a compliance issue;</subsection><subsection number="53-22-109(2)(c)(ii)">assigning an appropriate tier; and</subsection><subsection number="53-22-109(2)(c)(iii)">monitoring progress.</subsection></subsection></subsection><subsection number="53-22-109(3)">In establishing the system under Subsection (2), the state security chief and School Safety Center shall consider:<subsection number="53-22-109(3)(a)">severity of the compliance issue;</subsection><subsection number="53-22-109(3)(b)">risk to student and staff safety;</subsection><subsection number="53-22-109(3)(c)">available technical assistance resources;</subsection><subsection number="53-22-109(3)(d)">local education agency capacity; and</subsection><subsection number="53-22-109(3)(e)">required corrective action timelines.</subsection></subsection></section></chapter><chapter number="53-25"><catchline>Law Enforcement Requirements</catchline><part number="53-25-1"><catchline>Disclosure and General Reporting Requirements</catchline><section number="53-25-101"><histories><history>Amended by Chapter <modchap sess="2024GS">111</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Prohibition on disclosure of identity of minor homicide victim.</catchline><subsection number="53-25-101(1)">As used in this section:<subsection number="53-25-101(1)(a)">"Criminal homicide" means the same as that term is defined in Section <xref depth="3" refnumber="76-5-201">76-5-201</xref>.</subsection><subsection number="53-25-101(1)(b)">"Media outlet" means a bona fide newspaper, magazine, or broadcast media enterprise, whether conducted on a for-profit or nonprofit basis, engaged in the business of providing news and information to the general public.</subsection><subsection number="53-25-101(1)(c)">"Minor victim" means the victim of a criminal homicide if the victim is younger than 18 years old.</subsection><subsection number="53-25-101(1)(d)">"Parent or legal guardian" does not include an individual who is a suspect or defendant with respect to the criminal homicide.</subsection></subsection><subsection number="53-25-101(2)">A law enforcement agency or a law enforcement officer may not disclose the name or other personally identifying information of a minor victim to a representative of a media outlet unless the law enforcement agency or law enforcement officer has made a reasonable effort to obtain the consent of the minor victim's parent or legal guardian for the disclosure.</subsection></section><section number="53-25-102"><histories><history>Enacted by Chapter <modchap sess="2024GS">106</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Standards for oral fluid and portable breath tests -- Rulemaking.</catchline><subsection number="53-25-102(1)">In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules to establish standards for the proper use of oral fluid and portable breath testing as part of a field sobriety test.</subsection><subsection number="53-25-102(2)">Each law enforcement agency shall provide training to ensure that:<subsection number="53-25-102(2)(a)">oral fluid and portable breath testing techniques and practices comply with the rules described in Subsection (1); and</subsection><subsection number="53-25-102(2)(b)">oral fluid and portable breath testing equipment is used in a manner consistent with manufacturer and industry standards.</subsection></subsection></section><section number="53-25-103"><histories><history>Amended by Chapter <modchap sess="2026GS">291</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Airport dangerous weapon possession reporting requirements.</catchline><subsection number="53-25-103(1)">As used in this section, "department" means the Department of Criminal Justice created in Section <xref depth="3" refnumber="75E-2-102">75E-2-102</xref>.</subsection><subsection number="53-25-103(2)">Beginning on January 1, 2026, a law enforcement agency having law enforcement jurisdiction over an airport shall annually, on or before April 30, submit a report to the department detailing:<subsection number="53-25-103(2)(a)">for an offense described in Subsection <xref depth="4" refnumber="76-11-218(2)(a)">76-11-218(2)(a)</xref>:<subsection number="53-25-103(2)(a)(i)">the number of issued written warnings;</subsection><subsection number="53-25-103(2)(a)(ii)">the number of issued citations;</subsection><subsection number="53-25-103(2)(a)(iii)">the number of referrals to a detective; and</subsection><subsection number="53-25-103(2)(a)(iv)">the number of referrals to a prosecutor; and</subsection></subsection><subsection number="53-25-103(2)(b)">for an offense described in Subsection <xref refnumber="76-11-218(2)(b)" depth="4">76-11-218(2)(b)</xref>:<subsection number="53-25-103(2)(b)(i)">the number of issued written warnings; and</subsection><subsection number="53-25-103(2)(b)(ii)">if applicable, the number of issued citations, including the number of individuals who have received more than one citation for the offense.</subsection></subsection></subsection><subsection number="53-25-103(3)">The department shall:<subsection number="53-25-103(3)(a)">develop a standardized format for reporting the data described in Subsection <xref depth="4" refnumber="53-25-103(2)">(2)</xref>;</subsection><subsection number="53-25-103(3)(b)">compile the data submitted under Subsection <xref depth="4" refnumber="53-25-103(2)">(2)</xref>; and</subsection><subsection number="53-25-103(3)(c)">annually on or before August 1, publish a report of the data described in Subsection <xref depth="4" refnumber="53-25-103(2)">(2)</xref> on the department's website.</subsection></subsection></section><section number="53-25-104"><histories><history>Enacted by Chapter <modchap sess="2025GS">252</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Driving under the influence reporting requirements.</catchline>Beginning on January 1, 2026, a law enforcement agency shall collect and provide to the department's Criminal Investigations and Technical Services Division the driving under the influence crash and arrest data described in Section <xref depth="3" refnumber="53-10-118">53-10-118</xref>.</section><section number="53-25-105"><histories><history>Enacted by Chapter <modchap sess="2025GS">252</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Sharing information with statewide criminal intelligence system.</catchline>Beginning on July 1, 2025, a law enforcement agency shall:<catchline/><subsection number="53-25-105(1)">share information from the law enforcement agency's record management system with the department's statewide criminal intelligence system as described in Subsection <xref tempid="488" depth="4" refnumber="53-10-302(8)">53-10-302(8)</xref>; and</subsection><subsection number="53-25-105(2)">coordinate with the department to enter into a memorandum of understanding or related agreement that may be necessary for the sharing of the information described in Subsection <xref tempid="1035" depth="4" refnumber="(1)">(1)</xref>.</subsection></section></part><part number="53-25-2"><catchline>Sexual assault offense policy and reporting requirements</catchline><section number="53-25-201"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">111</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Sexual assault offense policy and public information requirements for law enforcement agencies.</catchline><subsection number="53-25-201(1)"><subsection number="53-25-201(1)(a)">Beginning January 1, 2024, a law enforcement agency shall create and maintain a policy regarding the law enforcement agency's processes for handling sexual assault investigations.</subsection><subsection number="53-25-201(1)(b)">A policy described under Subsection (1)(a) shall include current best practices for handling sexual assault investigations, including:<subsection number="53-25-201(1)(b)(i)">protocols and training on responses to sexual trauma;</subsection><subsection number="53-25-201(1)(b)(ii)">emergency response procedures, including prompt contact with the victim and the preservation of evidence; and</subsection><subsection number="53-25-201(1)(b)(iii)">referrals to sexual assault support services.</subsection></subsection><subsection number="53-25-201(1)(c)">A law enforcement agency shall publicly post on the law enforcement agency's website the policy described in Subsection (1)(a).</subsection></subsection><subsection number="53-25-201(2)">Beginning January 1, 2024, a law enforcement agency shall create and publicly post on the law enforcement agency's website a guide for victims of sexual assault that includes:<subsection number="53-25-201(2)(a)">a description of the law enforcement agency's processes for handling sexual assault investigations;</subsection><subsection number="53-25-201(2)(b)">contact information for victims of sexual assault to obtain more information from the law enforcement agency; and</subsection><subsection number="53-25-201(2)(c)">referral information for sexual assault victim support services.</subsection></subsection></section><section number="53-25-202"><histories><history>Amended by Chapter <modchap sess="2026GS">291</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Sexual assault offense reporting requirements for law enforcement agencies.</catchline><subsection number="53-25-202(1)">As used in this section:<subsection number="53-25-202(1)(a)">"Department" means the Department of Criminal Justice created in Section <xref depth="3" refnumber="75E-2-102">75E-2-102</xref>.</subsection><subsection number="53-25-202(1)(b)">"Sexual assault offense" means:<subsection number="53-25-202(1)(b)(i)">rape, as described in Section <xref depth="3" refnumber="76-5-402">76-5-402</xref>;</subsection><subsection number="53-25-202(1)(b)(ii)">rape of a child, as described in Section <xref depth="3" refnumber="76-5-402.1">76-5-402.1</xref>;</subsection><subsection number="53-25-202(1)(b)(iii)">object rape, as described in Section <xref depth="3" refnumber="76-5-402.2">76-5-402.2</xref>;</subsection><subsection number="53-25-202(1)(b)(iv)">object rape of a child, as described in Section <xref depth="3" refnumber="76-5-402.3">76-5-402.3</xref>;</subsection><subsection number="53-25-202(1)(b)(v)">forcible sodomy, as described in Section <xref depth="3" refnumber="76-5-403">76-5-403</xref>;</subsection><subsection number="53-25-202(1)(b)(vi)">sodomy on a child, as described in Section <xref depth="3" refnumber="76-5-403.1">76-5-403.1</xref>;</subsection><subsection number="53-25-202(1)(b)(vii)">forcible sexual abuse, as described in Section <xref depth="3" refnumber="76-5-404">76-5-404</xref>;</subsection><subsection number="53-25-202(1)(b)(viii)">sexual abuse of a child, as described in Section <xref depth="3" refnumber="76-5-404.1">76-5-404.1</xref>;</subsection><subsection number="53-25-202(1)(b)(ix)">aggravated sexual abuse of a child, as described in Section <xref depth="3" refnumber="76-5-404.3">76-5-404.3</xref>;</subsection><subsection number="53-25-202(1)(b)(x)">aggravated sexual assault, as described in Section <xref depth="3" refnumber="76-5-405">76-5-405</xref>; or</subsection><subsection number="53-25-202(1)(b)(xi)">sexual battery, as described in Section <xref depth="3" refnumber="76-5-418">76-5-418</xref>.</subsection></subsection></subsection><subsection number="53-25-202(2)"><subsection number="53-25-202(2)(a)">Beginning January 1, 2025, a law enforcement agency shall:<subsection number="53-25-202(2)(a)(i)">annually, on or before April 30, submit a report to the department for the previous calendar year containing the number of each type of sexual assault offense that:<subsection number="53-25-202(2)(a)(i)(A)">was reported to the law enforcement agency;</subsection><subsection number="53-25-202(2)(a)(i)(B)">was investigated by a detective; and</subsection><subsection number="53-25-202(2)(a)(i)(C)">was referred to a prosecutor for prosecution; and</subsection></subsection><subsection number="53-25-202(2)(a)(ii)">submit a report to the department on whether the law enforcement agency has created and publicly posted on the law enforcement agency's website:<subsection number="53-25-202(2)(a)(ii)(A)">the policy described in Subsection <xref depth="4" refnumber="53-25-201(1)">53-25-201(1)</xref>; and</subsection><subsection number="53-25-202(2)(a)(ii)(B)">the guide described in Subsection <xref depth="4" refnumber="53-25-201(2)">53-25-201(2)</xref>.</subsection></subsection></subsection><subsection number="53-25-202(2)(b)">A law enforcement agency shall:<subsection number="53-25-202(2)(b)(i)">compile the report described in Subsection <xref depth="4" refnumber="53-25-202(2)(a)(i)">(2)(a)(i)</xref> for each calendar year in the standardized format developed by the department under Subsection <xref depth="4" refnumber="53-25-202(3)">(3)</xref>; and</subsection><subsection number="53-25-202(2)(b)(ii)">publicly post the information reported in Subsection <xref depth="4" refnumber="53-25-202(2)(a)(i)">(2)(a)(i)</xref> on the law enforcement agency's website.</subsection></subsection></subsection><subsection number="53-25-202(3)">The department shall:<subsection number="53-25-202(3)(a)">develop a standardized format for reporting the data described in Subsection <xref depth="4" refnumber="53-25-202(2)">(2)</xref>;</subsection><subsection number="53-25-202(3)(b)">compile the data submitted under Subsection <xref depth="4" refnumber="53-25-202(2)">(2)</xref>; and</subsection><subsection number="53-25-202(3)(c)">annually on or before August 1, publish a report of the data described in Subsection <xref depth="4" refnumber="53-25-202(2)">(2)</xref> on the department's website.</subsection></subsection></section><section number="53-25-203"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">111</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Exemption.</catchline><tab/>The provisions of this part do not apply to a law enforcement agency created under Section <xref depth="3" refnumber="41-3-104">41-3-104</xref>.</section></part><part number="53-25-3"><catchline>Reporting requirements for reverse-location warrants</catchline><section number="53-25-301"><histories><history>Amended by Chapter <modchap sess="2026GS">291</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Reporting requirements for reverse-location warrants.</catchline><subsection number="53-25-301(1)">As used in this section:<subsection number="53-25-301(1)(a)">"Anonymized" means the same as that term is defined in Section <xref depth="3" refnumber="77-23f-101">77-23f-101</xref>.</subsection><subsection number="53-25-301(1)(b)">"Department" means the Department of Criminal Justice created in Section <xref depth="3" refnumber="75E-2-102">75E-2-102</xref>.</subsection><subsection number="53-25-301(1)(c)">"Electronic device" means the same as that term is defined in Section <xref depth="3" refnumber="77-23f-101">77-23f-101</xref>.</subsection><subsection number="53-25-301(1)(d)">"Law enforcement agency" means the same as that term is defined in Section <xref depth="3" refnumber="77-23c-101.2">77-23c-101.2</xref>.</subsection><subsection number="53-25-301(1)(e)">"Reverse-location information" means the same as that term is defined in Section <xref depth="3" refnumber="77-23f-101">77-23f-101</xref>.</subsection><subsection number="53-25-301(1)(f)">"Reverse-location warrant" means a warrant seeking reverse-location information under Section <xref depth="3" refnumber="77-23f-102">77-23f-102</xref>, <xref depth="3" refnumber="77-23f-103">77-23f-103</xref>, or <xref depth="3" refnumber="77-23f-104">77-23f-104</xref>.</subsection></subsection><subsection number="53-25-301(2)"><subsection number="53-25-301(2)(a)">Beginning January 1, 2024, a law enforcement agency shall annually on or before April 30 submit a report to the department with the following data for the previous calendar year:<subsection number="53-25-301(2)(a)(i)">the number of reverse-location warrants requested by the law enforcement agency under Section <xref depth="3" refnumber="77-23f-102">77-23f-102</xref>, <xref depth="3" refnumber="77-23f-103">77-23f-103</xref>, or <xref depth="3" refnumber="77-23f-104">77-23f-104</xref>;</subsection><subsection number="53-25-301(2)(a)(ii)">the number of reverse-location warrants that a court or magistrate granted after a request described in Subsection <xref depth="4" refnumber="53-25-301(2)(a)(i)">(2)(a)(i)</xref>;</subsection><subsection number="53-25-301(2)(a)(iii)">the number of investigations that used information obtained under a reverse-location warrant to investigate a crime that was not the subject of the reverse-location warrant;</subsection><subsection number="53-25-301(2)(a)(iv)">the number of times reverse-location information was obtained under an exception listed in Section <xref depth="3" refnumber="77-23f-106">77-23f-106</xref>;</subsection><subsection number="53-25-301(2)(a)(v)">the warrant identification number for each warrant described under Subsection <xref depth="4" refnumber="53-25-301(2)(a)(ii)">(2)(a)(ii)</xref> or <xref depth="4" refnumber="53-25-301(iii)">(iii)</xref>; and</subsection><subsection number="53-25-301(2)(a)(vi)">the number of electronic devices for which anonymized electronic device data was obtained under each reverse-location warrant described under Subsection <xref depth="4" refnumber="53-25-301(2)(a)(ii)">(2)(a)(ii)</xref>.</subsection></subsection><subsection number="53-25-301(2)(b)">A law enforcement agency shall compile the report described in Subsection <xref depth="4" refnumber="53-25-301(2)(a)">(2)(a)</xref> for each year in the standardized format developed by the department under Subsection <xref depth="4" refnumber="53-25-301(4)">(4)</xref>.</subsection></subsection><subsection number="53-25-301(3)">If a reverse-location warrant is requested by a multijurisdictional team of law enforcement officers, the reporting requirement in this section is the responsibility of the commanding agency or governing authority of the multijurisdictional team.</subsection><subsection number="53-25-301(4)">The department shall:<subsection number="53-25-301(4)(a)">develop a standardized format for reporting the data described in Subsection <xref depth="4" refnumber="53-25-301(2)">(2)</xref>;</subsection><subsection number="53-25-301(4)(b)">compile the data submitted under Subsection <xref depth="4" refnumber="53-25-301(2)">(2)</xref>; and</subsection><subsection number="53-25-301(4)(c)">annually on or before August 1, publish on the department's website a report of the data described in Subsection <xref depth="4" refnumber="53-25-301(2)">(2)</xref>.</subsection></subsection></section></part><part number="53-25-4"><catchline>Reporting requirements for genetic genealogy database utilizations</catchline><section number="53-25-401"><histories><history>Amended by Chapter <modchap sess="2026GS">291</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Law enforcement reporting requirements for genetic genealogy database utilizations.</catchline><subsection number="53-25-401(1)">As used in this section:<subsection number="53-25-401(1)(a)">"Department" means the Department of Criminal Justice created in Section <xref depth="3" refnumber="75E-2-102">75E-2-102</xref>.</subsection><subsection number="53-25-401(1)(b)">"Genetic genealogy database utilization" means the same as that term is defined in Section <xref depth="3" refnumber="53-10-403.7">53-10-403.7</xref>.</subsection><subsection number="53-25-401(1)(c)">"Law enforcement agency" means the same as that term is defined in Section <xref depth="3" refnumber="53-1-102">53-1-102</xref>.</subsection><subsection number="53-25-401(1)(d)">"Qualifying case" means the same as that term is defined in Section <xref depth="3" refnumber="53-10-403.7">53-10-403.7</xref>.</subsection></subsection><subsection number="53-25-401(2)"><subsection number="53-25-401(2)(a)">Beginning on January 1, 2024, a law enforcement agency shall annually on or before April 30 submit a report to the department with the following data for the previous calendar year:<subsection number="53-25-401(2)(a)(i)">the number of genetic genealogy database utilizations requested by the law enforcement agency under Section <xref depth="3" refnumber="53-10-403.7">53-10-403.7</xref>; and</subsection><subsection number="53-25-401(2)(a)(ii)">for each utilization described in Subsection <xref depth="4" refnumber="53-25-401(2)(a)(i)">(2)(a)(i)</xref>:<subsection number="53-25-401(2)(a)(ii)(A)">if applicable, the type of qualifying case;</subsection><subsection number="53-25-401(2)(a)(ii)(B)">for a criminal investigation, the alleged offense;</subsection><subsection number="53-25-401(2)(a)(ii)(C)">whether the case was a cold case, as that term is defined in Section <xref depth="3" refnumber="53-10-115">53-10-115</xref>, at the time of the request for the utilization; and</subsection><subsection number="53-25-401(2)(a)(ii)(D)">whether the results of the utilization revealed the identity of the owner of the DNA specimen.</subsection></subsection></subsection><subsection number="53-25-401(2)(b)">A law enforcement agency shall compile the report described in Subsection <xref depth="4" refnumber="53-25-401(2)(a)">(2)(a)</xref> for each year in the standardized format developed by the department under Subsection <xref depth="4" refnumber="53-25-401(4)">(4)</xref>.</subsection></subsection><subsection number="53-25-401(3)">If a genetic genealogy database utilization is requested by a multijurisdictional team of law enforcement officers, the reporting requirement in this section is the responsibility of the commanding agency or governing authority of the multijurisdictional team.</subsection><subsection number="53-25-401(4)">The department shall:<subsection number="53-25-401(4)(a)">develop a standardized format for reporting the data described in Subsection <xref depth="4" refnumber="53-25-401(2)">(2)</xref>;</subsection><subsection number="53-25-401(4)(b)">compile the data submitted under Subsection <xref depth="4" refnumber="53-25-401(2)">(2)</xref>, including the number of genetic genealogy database utilizations requested by each reporting law enforcement agency; and</subsection><subsection number="53-25-401(4)(c)">annually on or before August 1, publish a report of the data described in Subsection <xref depth="4" refnumber="53-25-401(2)">(2)</xref> on the department's website.</subsection></subsection></section></part><part number="53-25-5"><catchline>Firearm Reporting Requirements</catchline><section number="53-25-501"><histories><history>Amended by Chapter <modchap sess="2026GS">291</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Reporting requirements for seized firearms.</catchline><subsection number="53-25-501(1)">As used in this section:<subsection number="53-25-501(1)(a)">"Department" means the Department of Criminal Justice created in Section <xref depth="3" refnumber="75E-2-102">75E-2-102</xref>.</subsection><subsection number="53-25-501(1)(b)">"Firearm" means the same as that term is defined in Section <xref depth="3" refnumber="76-11-101">76-11-101</xref>.</subsection><subsection number="53-25-501(1)(c)">"Restricted person" means a Category I or Category II restricted person under Section <xref depth="3" refnumber="76-11-302">76-11-302</xref> or <xref depth="3" refnumber="76-11-303">76-11-303</xref>.</subsection></subsection><subsection number="53-25-501(2)">Beginning on July 1, 2026, a law enforcement agency, not including the Department of Corrections, shall annually on or before April 30 report to the department the following data for the previous calendar year:<subsection number="53-25-501(2)(a)">the number of firearms the law enforcement agency lawfully seized from restricted persons;</subsection><subsection number="53-25-501(2)(b)">the types of firearms the law enforcement agency lawfully seized from restricted persons;</subsection><subsection number="53-25-501(2)(c)">information on where the restricted persons obtained the firearms seized by the law enforcement agency if the information is known or discoverable by the law enforcement agency; and</subsection><subsection number="53-25-501(2)(d)">the reasons under Section <xref depth="3" refnumber="76-11-302">76-11-302</xref> or <xref refnumber="76-11-303" depth="4">76-11-303</xref> that made the individuals who had weapons seized restricted persons.</subsection></subsection></section><section number="53-25-502"><histories><history>Amended by Chapter <modchap sess="2026GS">291</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Law enforcement agency reporting requirements for certain firearm data.</catchline><subsection number="53-25-502(1)">As used in this section:<subsection number="53-25-502(1)(a)">"Antique firearm" means the same as that term is defined in Section <xref depth="3" refnumber="76-11-101">76-11-101</xref>.</subsection><subsection number="53-25-502(1)(b)">"Department" means the Department of Criminal Justice created in Section <xref depth="3" refnumber="75E-2-102">75E-2-102</xref>.</subsection><subsection number="53-25-502(1)(c)">"Firearm" means the same as that term is defined in Section <xref depth="3" refnumber="76-11-101">76-11-101</xref>.</subsection><subsection number="53-25-502(1)(d)"><subsection number="53-25-502(1)(d)(i)">"Untraceable firearm" means a firearm:<subsection number="53-25-502(1)(d)(i)(A)">that was manufactured, assembled, or otherwise created in a manner such that a serial number or other legally required identifying number or marking is not affixed to the firearm;</subsection><subsection number="53-25-502(1)(d)(i)(B)">that is made of plastic, fiberglass, or another material that would not be detectable by a detection device commonly used at an airport or other public building for security screening; or</subsection><subsection number="53-25-502(1)(d)(i)(C)">on which the identifying serial number or other legally required identifying number or marking has been removed or altered such that the firearm's provenance cannot be traced.</subsection></subsection><subsection number="53-25-502(1)(d)(ii)">"Untraceable firearm" does not include an antique firearm.</subsection></subsection></subsection><subsection number="53-25-502(2)"><subsection number="53-25-502(2)(a)">Beginning on July 1, 2027, a law enforcement agency shall collect and annually, on or before April 30, report to the department the following data for the previous calendar year:<subsection number="53-25-502(2)(a)(i)">the number of criminal offenses reported to, or investigated by, the law enforcement agency in which the law enforcement agency determined that a lost, stolen, or untraceable firearm was used in the commission of the criminal offense, categorized by the type of offense; and</subsection><subsection number="53-25-502(2)(a)(ii)">the number of firearms, separated by each category described in Subsections <xref depth="4" refnumber="53-25-502(2)(a)(ii)(a)">(2)(a)(ii)(A)</xref> through <xref depth="4" refnumber="53-25-502(e)">(E)</xref>, in the custody of the law enforcement agency that were:<subsection number="53-25-502(2)(a)(ii)(A)">returned to the property owner;</subsection><subsection number="53-25-502(2)(a)(ii)(B)">destroyed;</subsection><subsection number="53-25-502(2)(a)(ii)(C)">retained in evidence or other storage;</subsection><subsection number="53-25-502(2)(a)(ii)(D)">transferred to another governmental entity; or</subsection><subsection number="53-25-502(2)(a)(ii)(E)">submitted to a non-governmental entity for sale or disposal under Section <xref depth="3" refnumber="77-11a-403">77-11a-403</xref>.</subsection></subsection></subsection><subsection number="53-25-502(2)(b)">A law enforcement agency shall compile the data described in Subsection <xref refnumber="53-25-502(2)(a)" depth="4">(2)(a)</xref> for each calendar year in the standardized format developed by the department under Subsection <xref tempid="402" depth="4" refnumber="53-25-502(3)">(3)</xref>.</subsection><subsection number="53-25-502(2)(c)">The reporting requirements under Subsection <xref tempid="904" depth="4" refnumber="53-25-502(2)(a)(i)">(2)(a)(i)</xref> do not apply to a criminal offense or investigation for an offense under Title 23A, Wildlife Resources Act, that involves a firearm.</subsection></subsection><subsection number="53-25-502(3)">The department shall:<subsection number="53-25-502(3)(a)">develop a standardized format for reporting the data described in Subsection <xref refnumber="53-25-502(2)" depth="4">(2)</xref>;</subsection><subsection number="53-25-502(3)(b)">compile the data submitted under Subsection <xref refnumber="53-25-502(2)" depth="4">(2)</xref>; and</subsection><subsection number="53-25-502(3)(c)">annually on or before August 1, publish a report of the data described in Subsection <xref refnumber="53-25-502(2)" depth="4">(2)</xref> on the department's website.</subsection></subsection><subsection number="53-25-502(4)">This section does not apply to:<subsection number="53-25-502(4)(a)">the Department of Corrections; or</subsection><subsection number="53-25-502(4)(b)">a law enforcement agency created under Section <xref depth="3" refnumber="41-3-104">41-3-104</xref>.</subsection></subsection></section></part><part number="53-25-6"><catchline>Requirements Related to Criminal Street Gangs</catchline><section number="53-25-601"><histories><history>Enacted by Chapter <modchap sess="2025GS">173</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Definitions.</catchline>As used in this part:<subsection number="53-25-601(1)">"Criminal street gang" means the same as that term is defined in Section <xref depth="3" refnumber="76-9-802">76-9-802</xref>.</subsection><subsection number="53-25-601(2)">"Gang loitering" means the same as that term is defined in Section <xref depth="3" refnumber="76-9-802">76-9-802</xref>.</subsection><subsection number="53-25-601(3)">"Public place" means the same as that term is defined in Section <xref depth="3" refnumber="76-9-802">76-9-802</xref>.</subsection></section><section number="53-25-602"><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">173</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Law enforcement officer responsibilities for gang loitering.</catchline><subsection number="53-25-602(1)">If a law enforcement officer observes an individual whom the law enforcement officer reasonably believes to be a member of a criminal street gang engaging in gang loitering in the presence of one or more other individuals in a public place that is designated by a municipal or county legislative body as an area where gang loitering is prohibited under Section <xref depth="3" refnumber="11-48-104">11-48-104</xref> and subject to the penalties under Section <xref depth="3" refnumber="76-9-805">76-9-805</xref>, the law enforcement officer shall:<subsection number="53-25-602(1)(a)">inform the individual and all other individuals engaging in gang loitering with the individual in a group that the area in which the group is loitering by a group containing one or more criminal street gang members is prohibited;</subsection><subsection number="53-25-602(1)(b)">order the individual to disperse and remove the individual from within sight and hearing of the location where the officer issues the order to disperse; and</subsection><subsection number="53-25-602(1)(c)">inform the individuals that any individual in the group will be subject to being charged with a criminal offense and will also be subject to arrest if the individual fails to promptly obey the order to disperse.</subsection></subsection><subsection number="53-25-602(2)">The law enforcement officer under Subsection <xref depth="4" refid="C76-9-S903_1800010118000101" refnumber="76-9-903(1)" start="0">(1)</xref> shall also advise the individuals the law enforcement officer is directing to disperse that each of the individuals directed to disperse is subject to being charged with a criminal offense and will also be subject to arrest if the individual is again, within eight hours after the current order to disperse is made:<subsection number="53-25-602(2)(a)">present in a public place with a group that includes one or more individuals a law enforcement officer reasonably believes to be a member of a criminal street gang; and</subsection><subsection number="53-25-602(2)(b)">within sight or hearing of the location where the law enforcement officer is currently issuing the order to disperse.</subsection></subsection><subsection number="53-25-602(3)">This section does not affect or limit an individual's constitutional right to engage in collective advocacy activities that are protected by the constitution or laws of this state or by the constitution or laws of the United States.</subsection><subsection number="53-25-602(4)">A sheriff or chief of police implementing this section shall:<subsection number="53-25-602(4)(a)">issue a written directive to all agency employees that provides information on preventing the enforcement of this section against individuals who are engaged in constitutionally protected collective advocacy activities;</subsection><subsection number="53-25-602(4)(b)">ensure that all law enforcement officers charged with enforcing this section successfully complete appropriate training on identification of gang members and criminal street gangs; and</subsection><subsection number="53-25-602(4)(c)">ensure that any training described in this section complies with Title 63G, Chapter 22, State Training and Certification Requirements.</subsection></subsection></section></part><part number="53-25-7"><catchline>Requirements for School Safety</catchline><section number="53-25-701"><histories><history>Amended by Chapter <modchap sess="2026GS">170</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Requirements for school safety.</catchline><subsection number="53-25-701(1)">As used in this section:<subsection number="53-25-701(1)(a)">"Local law enforcement agency" means the law enforcement agency with primary jurisdiction over a school's physical location.</subsection><subsection number="53-25-701(1)(b)"> "School safety needs assessment" means the assessment required under Section <xref depth="3" refnumber="53G-8-701.5">53G-8-701.5</xref>.</subsection><subsection number="53-25-701(1)(c)">"Security camera system" means the system described in Section <xref depth="3" refnumber="53G-8-805">53G-8-805</xref>.</subsection></subsection><subsection number="53-25-701(2)">Each local law enforcement agency shall:<subsection number="53-25-701(2)(a)">as coordinated with the county security chief described in Section <xref depth="3" refnumber="53-22-103">53-22-103</xref>, allocate adequate personnel to participate in the school safety needs assessments with a school's school safety and security specialist as required by Section <xref depth="3" refnumber="53G-8-701.5">53G-8-701.5</xref> for each school within the local law enforcement's jurisdiction;</subsection><subsection number="53-25-701(2)(b)">if any school located within the county of a local law enforcement agency's jurisdiction elects to satisfy the requirements described in Subsection <xref depth="4" refnumber="53G-8-701.5(2)(a)(ii)">53G-8-701.5(2)(a)(ii)</xref> by employing school guardians, assign adequate personnel time as the county security chief determines to assist the county security chief in administering the trainings required under Section <xref depth="3" refnumber="53-22-105">53-22-105</xref>;</subsection><subsection number="53-25-701(2)(c)">ensure the school safety and security specialist for each school has all relevant information collected by the county security chief or the local law enforcement agency to submit the completed assessments to the School Safety Center created in Section <xref depth="3" refnumber="53G-8-802">53G-8-802</xref> by October 15 of each year;</subsection><subsection number="53-25-701(2)(d)">coordinate with each school within the local law enforcement's jurisdiction to obtain and maintain access to school security camera systems as described in Section <xref depth="3" refnumber="53G-8-805">53G-8-805</xref>; and</subsection><subsection number="53-25-701(2)(e)">coordinate with the relevant county security chiefs as specified in Sections <xref depth="3" refnumber="53-22-103">53-22-103</xref> and <xref depth="3" refnumber="53-22-105">53-22-105</xref>.</subsection></subsection><subsection number="53-25-701(3)">The county security chief shall consider the number of schools in a law enforcement agency's direct jurisdiction that have elected to satisfy the requirements described in Subsection <xref depth="4" refnumber="53G-8-701.5(2)(a)(ii)">53G-8-701.5(2)(a)(ii)</xref> by employing school guardians when determining the adequate personnel time described in Subsection <xref depth="4" refnumber="53-25-701(2)(b)">(2)(b)</xref> a law enforcement agency shall assign to assist the county security chief in administering the trainings required under Section <xref depth="3" refnumber="53-22-105">53-22-105</xref>.</subsection></section></part><part number="53-25-8"><catchline>Law Enforcement Equipment Requirements</catchline><section number="53-25-801"><histories><history>Enacted by Chapter <modchap sess="2025GS">252</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Definitions.</catchline>As used in this part:<subsection number="53-25-801(1)"><subsection number="53-25-801(1)(a)">"Biometric data" means data generated by automatic measurements of an individual's unique biological characteristics.</subsection><subsection number="53-25-801(1)(b)">"Biometric data" includes data described in Subsection (1)(a) that is generated by automatic measurements of an individual's fingerprint<badspell spid="6877" suggestions=""/>.</subsection><subsection number="53-25-801(1)(c)">"Biometric data" does not include:<subsection number="53-25-801(1)(c)(i)">a physical or digital photograph;</subsection><subsection number="53-25-801(1)(c)(ii)">a video or audio recording; or</subsection><subsection number="53-25-801(1)(c)(iii)">data generated from an item described in Subsection (1)(c)(i) or (ii).</subsection></subsection></subsection><subsection number="53-25-801(2)">"Portable biometric capture device" means a device or electronic application that:<subsection number="53-25-801(2)(a)">is able to accurately capture at least one form of an individual's biometric data;</subsection><subsection number="53-25-801(2)(b)">can be carried by a law enforcement officer, either on the law enforcement officer's person or in the law enforcement officer's vehicle; and</subsection><subsection number="53-25-801(2)(c)">is capable of transmitting or allowing for the transfer of captured biometric data into a law enforcement database so that the captured biometric data can be used to identify an individual based on the individual's existing biometric data in the law enforcement database.</subsection></subsection></section><section number="53-25-802"><histories><history>Amended by Chapter <modchap sess="2026GS">460</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Portable biometric capture method requirement.</catchline><subsection number="53-25-802(1)">Beginning January 1, 2028, a law enforcement agency shall ensure that every law enforcement officer who is on duty outside of the law enforcement agency's facility is supplied with a portable biometric capture device.</subsection><subsection number="53-25-802(2)"><subsection number="53-25-802(2)(a)">A software vendor that allows a law enforcement agency to file a citation electronically as described in Section <xref depth="3" refnumber="77-7-20">77-7-20</xref> shall ensure that the software vendor's software is capable of submitting biometric data captured by a portable biometric device electronically to the court's electronic filing interface.</subsection><subsection number="53-25-802(2)(b)">A software vendor shall ensure that the connection described in Subsection <xref depth="4" refnumber="53-25-802(2)(a)">(2)(a)</xref> is operational within one year of the criminal justice agency's system that uses the software service becoming active.</subsection></subsection><subsection number="53-25-802(3)">A software service is subject to Subsection <xref depth="4" refnumber="53-25-802(2)">(2)</xref> if the software service:<subsection number="53-25-802(3)(a)">is for use by a criminal justice agency within the state's criminal justice system; and</subsection><subsection number="53-25-802(3)(b)">collects and stores data required by statute to be reported to the department.</subsection></subsection></section></part><part number="53-25-9"><catchline>Law Enforcement Agency Procedure Requirements</catchline><section number="53-25-901"><histories><history>Enacted by Chapter <modchap sess="2025GS">330</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Definitions.</catchline>As used in this part:<subsection number="53-25-901(1)">"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.</subsection><subsection number="53-25-901(2)">"Generative artificial intelligence" means artificial intelligence technology that is capable of creating content such as text, audio, image, or video based on patterns learned from large volumes of data rather than being explicitly programmed with rules.</subsection></section><section number="53-25-902"><histories><history>Enacted by Chapter <modchap sess="2025GS">330</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Use of generative artificial intelligence by law enforcement -- Policy -- Requirements.</catchline><subsection number="53-25-902(1)"><subsection number="53-25-902(1)(a)">A law enforcement agency shall have a policy concerning the use of generative artificial intelligence by employees of the law enforcement agency in the course and scope of the law enforcement agency's work.</subsection><subsection number="53-25-902(1)(b)">The policy described in Subsection <xref tempid="574" depth="4" refnumber="(1)(a)">(1)(a)</xref> shall:<subsection number="53-25-902(1)(b)(i)">include the requirements described in Subsection <xref tempid="682" depth="4" refnumber="(2)">(2)</xref>; and</subsection><subsection number="53-25-902(1)(b)(ii)">provide employees of the law enforcement agency with information concerning the use of generative artificial intelligence, including:<subsection number="53-25-902(1)(b)(ii)(A)">which generative artificial intelligence technologies the employees of the law enforcement agency may use;</subsection><subsection number="53-25-902(1)(b)(ii)(B)">the uses and tasks for which generative artificial intelligence is permitted;</subsection><subsection number="53-25-902(1)(b)(ii)(C)">the importance of reviewing content generated by generative artificial intelligence; and</subsection><subsection number="53-25-902(1)(b)(ii)(D)">an acknowledgment that a violation of the policy described in Subsection <xref tempid="617" depth="4" refnumber="(1)(a)">(1)(a)</xref> may result in administrative disciplinary action by the head of the law enforcement agency.</subsection></subsection></subsection></subsection><subsection number="53-25-902(2)">A written police report or other law enforcement record that was created wholly or partially by using generative artificial intelligence shall:<subsection number="53-25-902(2)(a)">contain within the report or record a disclaimer that the report or record contains content generated by artificial intelligence; and</subsection><subsection number="53-25-902(2)(b)">include a certification by the author of the report or record that the author has read and reviewed the report or record for accuracy.</subsection></subsection></section></part><part number="53-25-10"><catchline>Requirements Related to Brady Material</catchline><section number="53-25-1001"><histories><history>Enacted by Chapter <modchap sess="2025GS">196</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Definitions.</catchline>As used in this part:<subsection number="53-25-1001(1)">"Brady identification system" means any type of system used by a prosecution agency to assist in tracking and disclosing Brady material to defendants being prosecuted by the prosecution agency.</subsection><subsection number="53-25-1001(2)">"Brady material" means potential impeachment information that a prosecutor has disclosed or may disclose to a defendant being prosecuted for a criminal offense relating to conduct of a peace officer who was involved in the arrest or investigation of the defendant.</subsection><subsection number="53-25-1001(3)">"Law enforcement agency" means a public agency having general police power and charged with making arrests in connection with enforcement of the criminal laws, statutes, or ordinances of this state or political subdivisions of this state.</subsection><subsection number="53-25-1001(4)"><subsection number="53-25-1001(4)(a)">"Peace officer" means any officer certified in accordance with Chapter 13, Peace Officer Classifications.</subsection><subsection number="53-25-1001(4)(b)">"Peace officer" includes any employee of a law enforcement agency whose job duties include providing courtroom testimony in support of the enforcement of criminal laws, statutes, or ordinances.</subsection></subsection><subsection number="53-25-1001(5)">"POST" means the Peace Officer Standards and Training Division created in Section <xref depth="3" refnumber="53-6-103">53-6-103</xref>.</subsection><subsection number="53-25-1001(6)">"Prosecution agency" means a city attorney, county attorney, district attorney, the attorney general, or other prosecution agency.</subsection></section><section number="53-25-1002"><histories><history>Enacted by Chapter <modchap sess="2025GS">196</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Prosecution agency's requirements related to Brady material.</catchline><subsection number="53-25-1002(1)"><subsection number="53-25-1002(1)(a)">A prosecution agency may use a Brady identification system to fulfill the prosecution agency's discovery obligations regarding Brady material under federal law, state law, court order, or court rule.</subsection><subsection number="53-25-1002(1)(b)">A prosecution agency is not required to maintain a Brady identification system and may determine that the prosecution agency's discovery obligations regarding Brady material can be met through another procedure.</subsection></subsection><subsection number="53-25-1002(2)">A prosecution agency that uses a Brady identification system may make disclosures of Brady material to a defendant in a prosecution even if the prosecution agency has not made a final decision regarding whether the peace officer who is the subject of the Brady material will be placed onto the prosecution agency's Brady identification system.</subsection><subsection number="53-25-1002(3)"><subsection number="53-25-1002(3)(a)">Except as provided in Subsection <xref refnumber="53-25-602(3)(b)" depth="4">(3)(b)</xref>, before a prosecution agency may initially place a peace officer on the prosecution agency's Brady identification system, or add additional information to the prosecution agency's Brady identification system regarding a peace officer already on the prosecution agency's Brady identification system for a reason unrelated to the initial placement, the prosecution agency shall:<subsection number="53-25-1002(3)(a)(i)">provide the peace officer with written notice that the prosecution agency intends to:<subsection number="53-25-1002(3)(a)(i)(A)">place the peace officer onto the prosecution agency's Brady identification system; or</subsection><subsection number="53-25-1002(3)(a)(i)(B)">if the peace officer is already on the prosecution agency's Brady identification system, add additional information about the peace officer onto the prosecution agency's Brady identification system;</subsection></subsection><subsection number="53-25-1002(3)(a)(ii)">provide the peace officer with copies of any documents, records, and other evidence relied upon by the prosecution agency that is seeking to place the peace officer, or add additional information regarding the peace officer, onto the Brady identification system; and</subsection><subsection number="53-25-1002(3)(a)(iii)">provide the peace officer with an opportunity to dispute the peace officer's placement, or addition of information regarding the peace officer, onto the Brady identification system.</subsection></subsection><subsection number="53-25-1002(3)(b)">A prosecution agency is not required to provide the procedures described in Subsection <xref refnumber="53-25-602(3)(a)" depth="4">(3)(a)</xref> if the Brady material underlying the peace officer's placement onto the Brady identification system relates to a criminal conviction.</subsection></subsection><subsection number="53-25-1002(4)">If a peace officer is employed by a law enforcement agency and is placed onto a prosecution agency's Brady identification system in accordance with this section, the prosecution agency shall notify the peace officer's employer regarding the placement.</subsection><subsection number="53-25-1002(5)">A prosecution agency that uses a Brady identification system shall adopt a policy, accessible to any peace officer in the prosecution agency's jurisdiction, that includes:<subsection number="53-25-1002(5)(a)">the criteria used by the prosecution agency to place an officer on the prosecution agency's Brady identification system including:<subsection number="53-25-1002(5)(a)(i)">a description of what conduct qualifies as Brady material; and</subsection><subsection number="53-25-1002(5)(a)(ii)">a description of other conduct not defined in this part that the prosecution agency determines will get a peace officer placed on the prosecution agency's Brady identification system; and</subsection></subsection><subsection number="53-25-1002(5)(b)">the rights, procedures, and limitations described in Subsection <xref refnumber="53-25-602(3)" depth="4">(3)</xref>.</subsection></subsection><subsection number="53-25-1002(6)">If a peace officer is placed onto a prosecution agency's Brady identification system and then is placed on another prosecution agency's Brady identification system, the other prosecution agency:<subsection number="53-25-1002(6)(a)">does not have to provide the peace officer with the rights and procedures described in Subsection (3)(a), if the peace officer's placement is based on the same conduct that led to the peace officer being placed on the initial prosecution agency's Brady identification system and the peace officer was provided the rights and procedures described in Subsection (3)(a) by the initial prosecution agency; and</subsection><subsection number="53-25-1002(6)(b)">shall:<subsection number="53-25-1002(6)(b)(i)">provide the peace officer with written notice that the prosecution agency has added the peace officer to the prosecution agency's Brady identification system;</subsection><subsection number="53-25-1002(6)(b)(ii)">provide the peace officer with an opportunity to respond in writing to the peace officer's placement on the prosecution agency's Brady identification system; and</subsection><subsection number="53-25-1002(6)(b)(iii)">review the peace officer's response described in Subsection <xref tempid="455" depth="4" refnumber="53-25-602(6)(b)(ii)">(6)(b)(ii)</xref>.</subsection></subsection></subsection><subsection number="53-25-1002(7)">A peace officer may not seek judicial review of a prosecution agency's determination to place an officer on a Brady identification system in accordance with this section.</subsection><subsection number="53-25-1002(8)">Any information or record maintained by a prosecution agency in a Brady identification system is not subject to disclosure under Title 63G, Chapter 2, Government Records Access and Management Act.</subsection><subsection number="53-25-1002(9)">This section does not:<subsection number="53-25-1002(9)(a)">create a private cause of action by a peace officer or by a law enforcement agency against a prosecution agency or the prosecution agency's employees for the procedures and determination related to the placement of a peace officer onto a Brady identification system; or</subsection><subsection number="53-25-1002(9)(b)">restrict or limit a prosecution agency from fulfilling the prosecution agency's discovery obligations.</subsection></subsection></section><section number="53-25-1003"><histories><history>Enacted by Chapter <modchap sess="2025GS">196</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Peace officer and employing law enforcement agency requirements related to Brady material.</catchline><subsection number="53-25-1003(1)"><subsection number="53-25-1003(1)(a)">If a peace officer has been placed onto a prosecution agency's Brady identification system after being provided the rights and procedures described in Subsection <xref depth="4" refnumber="53-25-1002(3)">53-25-1002(3)</xref> and the peace officer is subpoenaed by a different prosecution agency to testify in court, the peace officer shall disclose that placement to the prosecution agency that issued the subpoena as soon as practicable after receiving the subpoena.</subsection><subsection number="53-25-1003(1)(b)">If a peace officer fails to disclose the peace officer's placement on a Brady identification system as described in Subsection (1)(a), the peace officer's employing law enforcement agency may take disciplinary action against the peace officer.</subsection></subsection><subsection number="53-25-1003(2)"><subsection number="53-25-1003(2)(a)">A law enforcement agency may not use the placement of a peace officer onto a Brady identification system as described in Section <xref depth="3" refnumber="53-25-1003">53-25-1003</xref> as the sole reason for taking or denying any of the following employment actions against the peace officer:<subsection number="53-25-1003(2)(a)(i)">demotion;</subsection><subsection number="53-25-1003(2)(a)(ii)">suspension;</subsection><subsection number="53-25-1003(2)(a)(iii)">termination; or</subsection><subsection number="53-25-1003(2)(a)(iv)">any other disciplinary action.</subsection></subsection><subsection number="53-25-1003(2)(b)">Notwithstanding Subsection (2)(a), a law enforcement agency may use the underlying facts of the Brady material that were the basis for the peace officer's placement onto a Brady identification system for taking a disciplinary action against the peace officer in accordance with the law enforcement agency's adopted policies and procedures and governing law.</subsection></subsection><subsection number="53-25-1003(3)">A chief, sheriff, or administrative officer of a law enforcement agency who knows of an allegation against a peace officer employed by the chief's, sheriff's, or administrative officer's law enforcement agency involving Brady material shall conduct an administrative or internal investigation into the allegation and, if after the law enforcement agency's adopted policies and procedures are followed and the allegation is substantiated, report the findings of the investigation to:<subsection number="53-25-1003(3)(a)">if the law enforcement agency is a private law enforcement agency or a city, county, or other local law enforcement agency, the county attorney of the jurisdiction where the law enforcement agency is located; or</subsection><subsection number="53-25-1003(3)(b)">if the law enforcement agency is a state law enforcement agency, to the attorney general.</subsection></subsection></section></part><part number="53-25-11"><catchline>Policy for Violation of Protective Orders and Injunctions</catchline><section number="53-25-1101"><histories><history>Enacted by Chapter <modchap sess="2025GS">303</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Definitions.</catchline>As used in this part:<subsection number="53-25-1101(1)">"Jail release agreement" means the same as that term is defined in Section <xref depth="3" refnumber="78B-7-801">78B-7-801</xref>.</subsection><subsection number="53-25-1101(2)">"Jail release court order" means the same as that term is defined in Section <xref depth="3" refnumber="78B-7-801">78B-7-801</xref>.</subsection><subsection number="53-25-1101(3)">"Law enforcement agency" means an entity of the state, a political subdivision of the state, or an entity operated by a private institution of higher education, that exists primarily to prevent and detect crime and enforce criminal laws, statutes, or ordinances.</subsection><subsection number="53-25-1101(4)">"Protective order" means a protective order, or ex parte protective order, issued under:<subsection number="53-25-1101(4)(a)">Title 78B, Chapter 7, Part 2, Child Protective Orders;</subsection><subsection number="53-25-1101(4)(b)">Title 78B, Chapter 7, Part 4, Dating Violence Protective Orders;</subsection><subsection number="53-25-1101(4)(c)">Title 78B, Chapter 7, Part 5, Sexual Violence Protective Orders;</subsection><subsection number="53-25-1101(4)(d)">Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders;</subsection><subsection number="53-25-1101(4)(e)">Title 78B, Chapter 7, Part 8, Criminal Protective Orders; or</subsection><subsection number="53-25-1101(4)(f)">Title 78B, Chapter 7, Part 11, Workplace Violence Protective Orders.</subsection></subsection><subsection number="53-25-1101(5)">"Stalking injunction" means an injunction, or ex parte injunction, issued under Title 78B, Chapter 7, Part 7, Civil Stalking Injunctions, or Title 78B, Chapter 7, Part 9, Criminal Stalking Injunctions.</subsection></section><section number="53-25-1102"><histories><history>Enacted by Chapter <modchap sess="2025GS">303</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Policy and public information requirements for investigations into violations of protective orders or injunctions.</catchline><subsection number="53-25-1102(1)">A law enforcement agency shall create and maintain a policy regarding the law enforcement agency's processes for handling an investigation into an alleged criminal violation of:<subsection number="53-25-1102(1)(a)">a jail release agreement;</subsection><subsection number="53-25-1102(1)(b)">a jail release court order;</subsection><subsection number="53-25-1102(1)(c)">a protective order; or</subsection><subsection number="53-25-1102(1)(d)">a stalking injunction.</subsection></subsection><subsection number="53-25-1102(2)">A policy described in Subsection <xref tempid="198" depth="4" refnumber="(1)">(1)</xref> shall include best practices for an employee of the law enforcement agency conducting an investigation into an alleged criminal violation of an agreement, order, or injunction described in Subsection <xref tempid="559" depth="4" refnumber="(1)">(1)</xref>, including the proper procedures for:<subsection number="53-25-1102(2)(a)">investigating an individual who has previously violated an agreement, order, or injunction described in Subsection (1); and</subsection><subsection number="53-25-1102(2)(b)">contacting the victim of a violation of an agreement, order, or injunction described in Subsection (1).</subsection></subsection><subsection number="53-25-1102(3)">A policy created under Subsection <xref tempid="714" depth="4" refnumber="(1)">(1)</xref> shall be posted on the law enforcement agency's website that includes:<subsection number="53-25-1102(3)(a)">contact information for a victim of a violation of an agreement, order, or injunction described in Subsection (1) where the victim can obtain relevant information from the law enforcement agency; and</subsection><subsection number="53-25-1102(3)(b)">victim services referral information for a victim of a violation of an agreement, order, or injunction described in Subsection (1).</subsection></subsection></section></part><part number="53-25-12"><catchline>Law Enforcement Prohibitions</catchline><section number="53-25-1201"><histories><history>Enacted by Chapter <modchap sess="2026GS">268</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Definitions.</catchline>Reserved.</section><section number="53-25-1202"><histories><history>Enacted by Chapter <modchap sess="2026GS">268</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Law enforcement officer prohibition on tampering with a private surveillance camera -- Exceptions.</catchline><subsection number="53-25-1202(1)">Except as provided in Subsection <xref tempid="120">(2)</xref> or (4), a law enforcement officer, or an individual acting on behalf of a law enforcement officer, may not tamper with, change the viewing direction of, or disable a person's surveillance camera that is on the person's private property.</subsection><subsection number="53-25-1202(2)">Subsection <xref tempid="100">(1)</xref> does not apply if the law enforcement officer, or the individual acting on behalf of a law enforcement officer:<subsection number="53-25-1202(2)(a)">obtains the person's permission before taking the action described in Subsection <xref tempid="668">(1)</xref>;</subsection><subsection number="53-25-1202(2)(b)">obtains a court order granting permission to take the action described in Subsection <xref depth="4" refnumber="53-25-1202(1)">(1)</xref> before taking the action described in Subsection <xref tempid="408">(1)</xref>; or</subsection><subsection number="53-25-1202(2)(c)">takes the action described in Subsection <xref tempid="1047">(1)</xref> under a circumstance described in Subsection <xref depth="4" refnumber="53-25-1202(3)(a)">(3)(a)</xref> if the law enforcement officer, or the individual acting on behalf of a law enforcement officer, subsequently takes an action described in Subsection <xref depth="4" refnumber="53-25-1202(3)(b)">(3)(b)</xref>.</subsection></subsection><subsection number="53-25-1202(3)"><subsection number="53-25-1202(3)(a)">The circumstances described in Subsection <xref depth="4" refnumber="53-25-1202(2)(c)">(2)(c)</xref> are:<subsection number="53-25-1202(3)(a)(i)">the existence of exigent circumstances; or</subsection><subsection number="53-25-1202(3)(a)(ii)">to protect a law enforcement officer's safety:<subsection number="53-25-1202(3)(a)(ii)(A)">while executing a warrant; or</subsection><subsection number="53-25-1202(3)(a)(ii)(B)">if the circumstances, as known to the law enforcement officer, present a real, articulable risk to the law enforcement officer's safety.</subsection></subsection></subsection><subsection number="53-25-1202(3)(b)">The subsequent actions described in Subsection <xref depth="4" refnumber="53-25-1202(2)(c)">(2)(c)</xref> are:<subsection number="53-25-1202(3)(b)(i)">notifying the affected person within 24 hours after:<subsection number="53-25-1202(3)(b)(i)(A)">the exigent circumstances no longer exist;</subsection><subsection number="53-25-1202(3)(b)(i)(B)">the warrant described in Subsection <xref depth="4" refnumber="53-25-1202(3)(a)(ii)(a)">(3)(a)(ii)(A)</xref> has been served; or</subsection><subsection number="53-25-1202(3)(b)(i)(C)">the circumstances described in Subsection <xref depth="4" refnumber="53-25-1202(3)(a)(ii)(b)">(3)(a)(ii)(B)</xref> have been resolved; or</subsection></subsection><subsection number="53-25-1202(3)(b)(ii)">obtaining a court order as soon as practicable after the circumstance described in Subsection <xref depth="4" refnumber="53-25-1202(3)(a)">(3)(a)</xref> no longer exists, and if a court refuses to issue a court order, informing the person about the action taken on the surveillance camera within 24 hours after the court's refusal.</subsection></subsection></subsection><subsection number="53-25-1202(4)">This section does not apply to a camera that is used for the surveillance or taking of wildlife.</subsection></section></part></chapter><chapter number="53-27"><catchline>Invisible Condition Alert Program</catchline><section number="53-27-101"><histories><history>Enacted by Chapter <modchap sess="2023GS">456</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Definitions.</catchline><tab/>As used in this chapter:<subsection number="53-27-101(1)"> "Authorized guardian" means the same as that term is defined in Section <xref depth="3" refnumber="53-3-207" start="0">53-3-207</xref>.</subsection><subsection number="53-27-101(2)"> "Dispatcher" means the same as that term is defined in Section <xref depth="3" refnumber="53-6-102" start="0">53-6-102</xref>.</subsection><subsection number="53-27-101(3)"> "First responder" means the same as that term is defined in Section <xref depth="3" refnumber="53-3-207" start="0">53-3-207</xref>.</subsection><subsection number="53-27-101(4)"> "Health care professional" means the same as that term is defined in Section <xref depth="3" refnumber="53-3-207" start="0">53-3-207</xref>.</subsection><subsection number="53-27-101(5)"> "Invisible condition" means the same as that term is defined in Section <xref depth="3" refnumber="53-3-207" start="0">53-3-207</xref>.</subsection><subsection number="53-27-101(6)"> "Invisible condition alert program" means the voluntary disclosure of an invisible condition in accordance with Section <xref depth="3" refnumber="53-27-102" start="0">53-27-102</xref> or Subsection <xref depth="4" refnumber="41-1a-213(6)" start="0">41-1a-213(6)</xref>, <xref depth="4" refnumber="53-3-207(4)" start="0">53-3-207(4)</xref>, or <xref depth="4" refnumber="53-3-805(5)" start="0">53-3-805(5)</xref>.</subsection></section><section number="53-27-102"><histories><history>Enacted by Chapter <modchap sess="2023GS">456</modchap>, 2023 General Session</history><modyear>2023</modyear></histories><catchline>Invisible condition alert program -- Access to information -- Outreach -- Administrative rulemaking.</catchline><subsection number="53-27-102(1)"> If an individual or an individual's authorized guardian elects to disclose the individual's invisible condition to the individual's local law enforcement agency in accordance with the invisible condition alert program, the department shall provide the individual or the individual's authorized guardian with: <subsection number="53-27-102(1)(a)"> a form that contains the information described in Subsection <xref depth="4" refnumber="53-3-207(4)" start="0">53-3-207(4)</xref> or <xref depth="4" refnumber="53-3-805(5)" start="0">53-3-805(5)</xref>; and</subsection><subsection number="53-27-102(1)(b)"> instructions on how the individual or the individual's authorized guardian may submit the form described in Subsection <xref depth="4" refnumber="53-27-102(1)(a)" start="0">(1)(a)</xref> to the individual's local law enforcement agency.</subsection></subsection><subsection number="53-27-102(2)"> Upon receipt of a completed form described in Subsection <xref depth="4" refnumber="53-27-102(1)(a)" start="0">(1)(a)</xref>, a local law enforcement agency shall enter information into the law enforcement agency's record management system or computer-aided dispatch system regarding the individual's election to disclose the individual's invisible condition, including the individual's: <subsection number="53-27-102(2)(a)"> name;</subsection><subsection number="53-27-102(2)(b)"> residence; and</subsection><subsection number="53-27-102(2)(c)"> invisible condition as reported by the individual and verified by the individual's health care professional.</subsection></subsection><subsection number="53-27-102(3)"> A local law enforcement agency shall ensure that the information described in Subsection <xref depth="4" refnumber="53-27-102(2)" start="0">(2)</xref> is readily available to a dispatcher when the dispatcher receives a report concerning the name or the address of an individual with an invisible condition who has been entered into the local law enforcement agency's record management system or computer-aided dispatch system.</subsection><subsection number="53-27-102(4)"><subsection number="53-27-102(4)(a)"> Within 30 days after the day on which a local law enforcement agency receives an individual's or an individual's authorized guardian's written request, the local law enforcement agency shall remove the information regarding the individual's invisible condition from the local law enforcement agency's record management system or computer-aided dispatch system.</subsection><subsection number="53-27-102(4)(b)"> If a local law enforcement agency becomes aware that the individual described in Subsection <xref depth="4" refnumber="53-27-102(2)" start="0">(2)</xref> has permanently moved from the individual's residence described in Subsection <xref depth="4" refnumber="53-27-102(2)" start="0">(2)</xref>, the local law enforcement agency may remove the information regarding the individual's invisible condition from the local law enforcement agency's record management system or computer-aided dispatch system.</subsection></subsection><subsection number="53-27-102(5)"> The department shall prepare outreach materials concerning the invisible condition alert program in coordination with the Department of Health and Human Services as described in Section <xref depth="3" refnumber="26B-7-120" start="0">26B-7-120</xref>.</subsection><subsection number="53-27-102(6)"> The department may, in accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, make rules to establish procedures for implementing this section.</subsection></section></chapter><chapter number="53-28"><catchline>Place of Last Drink Program</catchline><section number="53-28-101"><histories><history>Enacted by Chapter <modchap sess="2024GS">94</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Definitions.</catchline><subsection number="53-28-101(1)">"Alcohol-related law enforcement officer" means the same as that term is defined in Section <xref depth="3" refnumber="32B-1-201">32B-1-201</xref>.</subsection><subsection number="53-28-101(2)">"Alcohol-related traffic stop" means a traffic stop that results in an individual being arrested for an offense described in Subsection <xref depth="4" refnumber="41-6a-501(2)(a)">41-6a-501(2)(a)</xref> related to alcohol.</subsection><subsection number="53-28-101(3)">"Alcoholic beverage" means the same as that term is defined in Section <xref depth="3" refnumber="32B-1-102">32B-1-102</xref>.</subsection><subsection number="53-28-101(4)">"Place of last drink" means the location where an individual obtains and consumes the last alcoholic beverage before the individual is the subject of an alcohol-related traffic stop.</subsection><subsection number="53-28-101(5)">"Retail licensee" means the same as that term is defined in Section <xref depth="3" refnumber="32B-1-102">32B-1-102</xref>.</subsection></section><section number="53-28-102"><histories><history>Enacted by Chapter <modchap sess="2024GS">94</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Place of last drink reporting requirements.</catchline><subsection number="53-28-102(1)">The department shall establish a program in accordance with this chapter to:<subsection number="53-28-102(1)(a)">identify when an individual's place of last drink is a retail licensee; and</subsection><subsection number="53-28-102(1)(b)">efficiently share information with alcohol-related law enforcement officers about each retail licensee that is an individual's place of last drink for the purpose of allowing the alcohol-related law enforcement officers to investigate a possible violation of Section <xref depth="3" refnumber="32B-5-306">32B-5-306</xref>.</subsection></subsection><subsection number="53-28-102(2)">In developing the program described in this section, the department shall coordinate with and take input from the Department of Alcoholic Beverage Services created in Section <xref depth="3" refnumber="32B-2-203">32B-2-203</xref>.</subsection><subsection number="53-28-102(3)">Before November 1, 2025, the department shall provide a written report to the Criminal Justice and Law Enforcement Interim Committee that describes how the department implemented the program, the extent to which the program accomplishes the objectives described in Subsection (1), and any planned or recommended changes.</subsection></section></chapter><chapter number="53-29"><catchline>Sex, Kidnap, and Child Abuse Offender Registry</catchline><part number="53-29-1"><catchline>General Provisions</catchline><section number="53-29-101"><histories><history>Amended by Chapter <modchap sess="2026GS">331</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Definitions.</catchline>As used in this chapter:<subsection number="53-29-101(1)">"Bureau" means the Bureau of Criminal Identification of the Department of Public Safety established in Section <xref depth="3" refnumber="53-10-201">53-10-201</xref>.</subsection><subsection number="53-29-101(2)">"Certificate of eligibility" means the certificate issued by the bureau described in Section <xref depth="3" refnumber="53-29-207">53-29-207</xref>.</subsection><subsection number="53-29-101(3)">"Child" means an individual who is younger than 18 years old.</subsection><subsection number="53-29-101(4)">"Child abuse offender" means an individual who meets the requirements under Subsection <xref depth="4" refnumber="53-29-202(2)(a)">53-29-202(2)(a)</xref>.</subsection><subsection number="53-29-101(5)"><subsection number="53-29-101(5)(a)">"Convicted" means a plea or conviction of:<subsection number="53-29-101(5)(a)(i)">guilty;</subsection><subsection number="53-29-101(5)(a)(ii)">guilty with a mental illness; or</subsection><subsection number="53-29-101(5)(a)(iii)">no contest.</subsection></subsection><subsection number="53-29-101(5)(b)">"Convicted" includes, except as provided in Subsection <xref refnumber="53-29-202(4)" depth="4">53-29-202(4)</xref>, the period a plea is held in abeyance pursuant to a plea in abeyance agreement as defined in Section <xref depth="3" refnumber="77-2a-1">77-2a-1</xref>.</subsection><subsection number="53-29-101(5)(c)">"Convicted" does not include:<subsection number="53-29-101(5)(c)(i)">a withdrawn or dismissed plea in abeyance;</subsection><subsection number="53-29-101(5)(c)(ii)">a diversion agreement; or</subsection><subsection number="53-29-101(5)(c)(iii)">an adjudication of a minor for an offense under Section <xref depth="3" refnumber="80-6-701">80-6-701</xref>.</subsection></subsection></subsection><subsection number="53-29-101(6)">"Division" means the Division of Juvenile Justice and Youth Services.</subsection><subsection number="53-29-101(7)">"Employed" means employment that is full time or part time, whether financially compensated, volunteered, or for the purpose of government or educational benefit.</subsection><subsection number="53-29-101(8)">"Kidnap offender" means an individual who meets the requirements under Subsection <xref depth="4" refnumber="53-29-202(2)(c)">53-29-202(2)(c)</xref>.</subsection><subsection number="53-29-101(9)">"Offender" means an individual who qualifies as a sex offender, a kidnap offender, or a child abuse offender as described in Section <xref depth="3" refnumber="53-29-202">53-29-202</xref>.</subsection><subsection number="53-29-101(10)"><subsection number="53-29-101(10)(a)">"Online identifier" means any electronic mail, chat, instant messenger, social networking, or similar name used for internet communication.</subsection><subsection number="53-29-101(10)(b)">"Online identifier" does not include date of birth, social security number, PIN number, or internet passwords.</subsection></subsection><subsection number="53-29-101(11)"><subsection number="53-29-101(11)(a)">"Parent" means, with respect to a child, an individual who has a parent-child relationship, as defined in Section <xref depth="3" refnumber="81-5-102">81-5-102</xref>, with the child.</subsection><subsection number="53-29-101(11)(b)">"Parent" includes a noncustodial parent of the child.</subsection></subsection><subsection number="53-29-101(12)">"Primary residence" means the residence where an offender regularly resides, even if the offender intends to move to another residence or return to another residence at a future date.</subsection><subsection number="53-29-101(13)">"Registrable offense" means an offense described in Subsection <xref tempid="571" depth="4" refnumber="53-29-202(1)">53-29-202(1)</xref>.</subsection><subsection number="53-29-101(14)">"Registration website" means the Sex, Kidnap, and Child Abuse Offender Notification and Registration website described in Section <xref depth="3" refnumber="53-29-404">53-29-404</xref>.</subsection><subsection number="53-29-101(15)">"Registry" means the Sex, Kidnap, and Child Abuse Offender Registry maintained by the department and created in Section <xref depth="3" refnumber="53-29-102">53-29-102</xref> to monitor and track offenders.</subsection><subsection number="53-29-101(16)">"Registry office" means the office within the department that manages the Sex, Kidnap, and Child Abuse Offender Registry.</subsection><subsection number="53-29-101(17)"><subsection number="53-29-101(17)(a)">"Residence" means a structure, or a portion of a structure, that is designed and intended for occupancy as a dwelling by one or more individuals.</subsection><subsection number="53-29-101(17)(b)">"Residence" does not include a temporary structure, a vehicle, or an area of unimproved real property.</subsection></subsection><subsection number="53-29-101(18)">"Sex offender" means an individual who meets the requirements under Subsection <xref tempid="742" depth="4" refnumber="53-29-202(2)(b)">53-29-202(2)(b)</xref>.</subsection><subsection number="53-29-101(19)">"Vehicle" means a motor vehicle, an aircraft, or a watercraft subject to registration in any jurisdiction.</subsection></section><section number="53-29-102"><histories><history>Enacted by Chapter <modchap sess="2025GS">291</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Sex, Kidnap, and Child Abuse Offender Registry -- Creation -- Purpose.</catchline><subsection number="53-29-102(1)">The department, to assist law enforcement in investigating kidnapping and sex-related crimes and in apprehending offenders, shall:<subsection number="53-29-102(1)(a)">develop and operate a system known as the Sex, Kidnap, and Child Abuse Offender Registry to collect, analyze, maintain, and disseminate information on offenders and registrable offenses; and</subsection><subsection number="53-29-102(1)(b)">make information listed in Subsection <xref depth="4" refnumber="53-29-404(3)">53-29-404(3)</xref> available to the public.</subsection></subsection><subsection number="53-29-102(2)">This chapter does not create or impose any duty on any individual to request or obtain information regarding any offender from the department.</subsection></section></part><part number="53-29-2"><catchline>Registrable Offenses, Timelines for Registration, and Petitions for Removal</catchline><section number="53-29-201"><histories><history>Amended by Chapter <modchap sess="2026GS">155</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Definitions.</catchline>As used in this part:<subsection number="53-29-201(1)">"Court" means a state, federal, or military court.</subsection><subsection number="53-29-201(2)">"External jurisdiction" means:<subsection number="53-29-201(2)(a)">a state of the United States not including Utah;</subsection><subsection number="53-29-201(2)(b)">the United States federal government;</subsection><subsection number="53-29-201(2)(c)">Indian country;</subsection><subsection number="53-29-201(2)(d)">a United States territory;</subsection><subsection number="53-29-201(2)(e)">the United States military; or</subsection><subsection number="53-29-201(2)(f)">Canada, Australia, New Zealand, or the United Kingdom.</subsection></subsection><subsection number="53-29-201(3)">"Indian country" means:<subsection number="53-29-201(3)(a)">all land within the limits of an Indian reservation under the jurisdiction of the United States government, regardless of the issuance of any patent, and includes rights-of-way running through the reservation;</subsection><subsection number="53-29-201(3)(b)">all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory, and whether within the limits of a state; and</subsection><subsection number="53-29-201(3)(c)">all Indian allotments, including the Indian allotments to which the Indian titles have not been extinguished, including rights-of-way running through the allotments.</subsection></subsection><subsection number="53-29-201(4)">"Traffic offense" does not include a violation of Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving.</subsection></section><section number="53-29-202"><histories><history>Amended by Chapter <modchap sess="2026GS">330</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Registrable offenses -- Status as a sex offender, kidnap offender, and child abuse offender established.</catchline><subsection number="53-29-202(1)">An individual is an offender described in Subsection <xref tempid="514" depth="4" refnumber="(2)">(2)</xref> and subject to the requirements, restrictions, and penalties described in this chapter if the individual:<subsection number="53-29-202(1)(a)">has been convicted in this state of:<subsection number="53-29-202(1)(a)(i)">aggravated child abuse under Subsection <xref depth="4" refnumber="76-5-109.2(3)(a)">76-5-109.2(3)(a)</xref> or <xref refnumber="(76-5-109.2(3)(b)" depth="4">(b)</xref>;</subsection><subsection number="53-29-202(1)(a)(ii)">child torture under Section <xref depth="3" refnumber="76-5-109.4">76-5-109.4</xref>;</subsection><subsection number="53-29-202(1)(a)(iii)">a felony or class A misdemeanor violation of enticing a minor under Section <xref depth="3" refnumber="76-5-417">76-5-417</xref>;</subsection><subsection number="53-29-202(1)(a)(iv)">sexual exploitation of a vulnerable adult under Section <xref depth="3" refnumber="76-5b-202">76-5b-202</xref>;</subsection><subsection number="53-29-202(1)(a)(v)">human trafficking for commercial sexual exploitation under Section <xref depth="3" refnumber="76-5-308.1">76-5-308.1</xref>;</subsection><subsection number="53-29-202(1)(a)(vi)">human trafficking of a child for commercial sexual exploitation under Section <xref depth="3" refnumber="76-5-308.6">76-5-308.6</xref>;</subsection><subsection number="53-29-202(1)(a)(vii)">aggravated human trafficking for commercial sexual exploitation under Section <xref depth="3" refnumber="76-5-310.2">76-5-310.2</xref>;</subsection><subsection number="53-29-202(1)(a)(viii)">human trafficking of a vulnerable adult for commercial sexual exploitation under Section <xref depth="3" refnumber="76-5-312">76-5-312</xref>;</subsection><subsection number="53-29-202(1)(a)(ix)">unlawful sexual activity with a minor under Section <xref depth="3" refnumber="76-5-401">76-5-401</xref>, except as provided in Subsection <xref depth="4" refnumber="76-5-401(3)(b)">76-5-401(3)(b)</xref> or <xref refnumber="76-5-401(3)(c)" depth="">(c)</xref>;</subsection><subsection number="53-29-202(1)(a)(x)">sexual abuse of a minor under Section <xref depth="3" refnumber="76-5-401.1">76-5-401.1</xref>, on the individual's first offense unless the individual was younger than 21 years old at the time of the offense then on the individual's second offense;</subsection><subsection number="53-29-202(1)(a)(xi)">unlawful sexual conduct with a 16 or 17 year old under Section <xref depth="3" refnumber="76-5-401.2">76-5-401.2</xref>;</subsection><subsection number="53-29-202(1)(a)(xii)">rape under Section <xref depth="3" refnumber="76-5-402">76-5-402</xref>;</subsection><subsection number="53-29-202(1)(a)(xiii)">rape of a child under Section <xref depth="3" refnumber="76-5-402.1">76-5-402.1</xref>;</subsection><subsection number="53-29-202(1)(a)(xiv)">object rape under Section <xref depth="3" refnumber="76-5-402.2">76-5-402.2</xref>;</subsection><subsection number="53-29-202(1)(a)(xv)">object rape of a child under Section <xref depth="3" refnumber="76-5-402.3">76-5-402.3</xref>;</subsection><subsection number="53-29-202(1)(a)(xvi)">a felony violation of forcible sodomy under Section <xref depth="3" refnumber="76-5-403">76-5-403</xref>;</subsection><subsection number="53-29-202(1)(a)(xvii)">sodomy on a child under Section <xref depth="3" refnumber="76-5-403.1">76-5-403.1</xref>;</subsection><subsection number="53-29-202(1)(a)(xviii)">forcible sexual abuse under Section <xref depth="3" refnumber="76-5-404">76-5-404</xref>;</subsection><subsection number="53-29-202(1)(a)(xix)">sexual abuse of a child under Section <xref depth="3" refnumber="76-5-404.1">76-5-404.1</xref>;</subsection><subsection number="53-29-202(1)(a)(xx)">aggravated sexual abuse of a child under Section <xref depth="3" refnumber="76-5-404.3">76-5-404.3</xref>;</subsection><subsection number="53-29-202(1)(a)(xxi)">aggravated sexual assault under Section <xref depth="3" refnumber="76-5-405">76-5-405</xref>;</subsection><subsection number="53-29-202(1)(a)(xxii)">custodial sexual relations under Section <xref depth="3" refnumber="76-5-412">76-5-412</xref>, if the victim in custody is younger than 18 years old and the offense is committed on or after May 10, 2011;</subsection><subsection number="53-29-202(1)(a)(xxiii)">sexual exploitation of a minor under Section <xref depth="3" refnumber="76-5b-201">76-5b-201</xref>;</subsection><subsection number="53-29-202(1)(a)(xxiv)">aggravated sexual exploitation of a minor under Section <xref depth="3" refnumber="76-5b-201.1">76-5b-201.1</xref>;</subsection><subsection number="53-29-202(1)(a)(xxv)">sexual extortion under Section <xref depth="3" refnumber="76-5b-204">76-5b-204</xref>;</subsection><subsection number="53-29-202(1)(a)(xxvi)">aggravated sexual extortion under Section <xref depth="3" refnumber="76-5b-204.1">76-5b-204.1</xref>;</subsection><subsection number="53-29-202(1)(a)(xxvii)">possession of apparent child sexual abuse material under Section <xref depth="3" refnumber="76-5b-207">76-5b-207</xref>;</subsection><subsection number="53-29-202(1)(a)(xxviii)">distribution of apparent child sexual abuse material under Section <xref depth="3" refnumber="76-5b-208">76-5b-208</xref>;</subsection><subsection number="53-29-202(1)(a)(xxix)">unlawful activity regarding obscene material depicting the sexual abuse of a minor under Section <xref depth="3" refnumber="76-5b-209">76-5b-209</xref>;</subsection><subsection number="53-29-202(1)(a)(xxx)">incest under Section <xref depth="3" refnumber="76-7-102">76-7-102</xref>;</subsection><subsection number="53-29-202(1)(a)(xxxi)">lewdness under Section <xref depth="3" refnumber="76-5-419">76-5-419</xref>, if the individual has been convicted of the offense four or more times;</subsection><subsection number="53-29-202(1)(a)(xxxii)">sexual battery under Section <xref depth="3" refnumber="76-5-418">76-5-418</xref>, if the individual has been convicted of the offense four or more times;</subsection><subsection number="53-29-202(1)(a)(xxxiii)">any combination of convictions of lewdness under Section <xref depth="3" refnumber="76-5-419">76-5-419</xref>, and of sexual battery under Section <xref depth="3" refnumber="76-5-418">76-5-418</xref>, that total four or more convictions;</subsection><subsection number="53-29-202(1)(a)(xxxiv)">lewdness involving a child under Section <xref depth="3" refnumber="76-5-420">76-5-420</xref>;</subsection><subsection number="53-29-202(1)(a)(xxxv)">a felony or class A misdemeanor violation of:<subsection number="53-29-202(1)(a)(xxxv)(A)">voyeurism under Section <xref depth="3" refnumber="76-12-306">76-12-306</xref>;</subsection><subsection number="53-29-202(1)(a)(xxxv)(B)">recorded or photographed voyeurism under Section <xref depth="3" refnumber="76-12-307">76-12-307</xref>; or</subsection><subsection number="53-29-202(1)(a)(xxxv)(C)">distribution of images obtained through voyeurism under Section <xref depth="3" refnumber="76-12-308">76-12-308</xref>;</subsection></subsection><subsection number="53-29-202(1)(a)(xxxvi)">aggravated exploitation of prostitution under Section <xref depth="3" refnumber="76-5d-208">76-5d-208</xref>;</subsection><subsection number="53-29-202(1)(a)(xxxvii)">kidnapping under Subsection <xref depth="4" refnumber="76-5-301(2)(c)">76-5-301(2)(c)</xref> or <xref refnumber="76-5-301(2)(d)" depth="4">(d)</xref>, if the offender was not the parent of the child victim;</subsection><subsection number="53-29-202(1)(a)(xxxviii)">child kidnapping under Section <xref depth="3" refnumber="76-5-301.1">76-5-301.1</xref>, if the offender was not the parent of the child victim;</subsection><subsection number="53-29-202(1)(a)(xxxix)">aggravated kidnapping under Section <xref depth="3" refnumber="76-5-302">76-5-302</xref>, if the offender was not the parent of the child victim;</subsection><subsection number="53-29-202(1)(a)(xl)">human trafficking for labor under Section <xref depth="3" refnumber="76-5-308">76-5-308</xref>, if the offender was not the parent of the child victim;</subsection><subsection number="53-29-202(1)(a)(xli)">human trafficking of a child for labor under Section <xref depth="3" refnumber="76-5-308.5">76-5-308.5</xref>, if the offender was not the parent of the child victim;</subsection><subsection number="53-29-202(1)(a)(xlii)">aggravated human trafficking for labor under Section <xref depth="3" refnumber="76-5-310">76-5-310</xref>, if the offender was not the parent of the child victim;</subsection><subsection number="53-29-202(1)(a)(xliii)">human trafficking of a vulnerable adult for labor under Section <xref depth="3" refnumber="76-5-311">76-5-311</xref>, if the offender was not the parent of the child victim; </subsection><subsection number="53-29-202(1)(a)(xliv)">human smuggling under Section <xref depth="3" refnumber="76-5-316">76-5-316</xref>, if the offender was not the parent of the child victim;</subsection><subsection number="53-29-202(1)(a)(xlv)">aggravated human smuggling under Section <xref depth="3" refnumber="76-5-317">76-5-317</xref>, if the offender was not the parent of the child victim; or </subsection><subsection number="53-29-202(1)(a)(xlvi)">attempting, soliciting, or conspiring to commit a felony violation of an offense listed in Subsections <xref depth="4" refnumber="53-29-202(1)(a)(i)">(1)(a)(i)</xref> through (xlv);</subsection></subsection><subsection number="53-29-202(1)(b)"><subsection number="53-29-202(1)(b)(i)">has been convicted of a criminal offense, or an attempt, solicitation, or conspiracy to commit a criminal offense in an external jurisdiction that is substantially equivalent to the offense listed in Subsection <xref depth="4" refnumber="53-29-202(1)(a)">(1)(a)</xref>; and</subsection><subsection number="53-29-202(1)(b)(ii)"><subsection number="53-29-202(1)(b)(ii)(A)">is a Utah resident; or</subsection><subsection number="53-29-202(1)(b)(ii)(B)">is not a Utah resident and is in this state for a total of 10 days in a 12-month period, regardless of whether the individual intends to permanently reside in this state;</subsection></subsection></subsection><subsection number="53-29-202(1)(c)"><subsection number="53-29-202(1)(c)(i)"><subsection number="53-29-202(1)(c)(i)(A)">is required to register on a registry in an external jurisdiction for individuals who have committed an offense listed in Subsection <xref depth="4" refnumber="53-29-202(1)(a)">(1)(a)</xref> or a substantially equivalent offense;</subsection><subsection number="53-29-202(1)(c)(i)(B)">is ordered by a court to register on a registry for individuals who have committed an offense listed in Subsection <xref depth="4" refnumber="53-29-202(1)(a)">(1)(a)</xref> or a substantially equivalent offense; or</subsection><subsection number="53-29-202(1)(c)(i)(C)">would be required to register on a registry in an external jurisdiction for individuals who have committed an offense listed in Subsection <xref depth="4" refnumber="53-29-202(1)(a)">(1)(a)</xref>, or a substantially equivalent offense, if residing in the external jurisdiction of the conviction regardless of the date of the conviction or a previous registration requirement; and</subsection></subsection><subsection number="53-29-202(1)(c)(ii)">is in this state for a total of 10 days in a 12-month period, regardless of whether the individual intends to permanently reside in this state;</subsection></subsection><subsection number="53-29-202(1)(d)"><subsection number="53-29-202(1)(d)(i)"><subsection number="53-29-202(1)(d)(i)(A)">is a nonresident regularly employed or working in this state; or</subsection><subsection number="53-29-202(1)(d)(i)(B)">is a student in this state; and</subsection></subsection><subsection number="53-29-202(1)(d)(ii)"><subsection number="53-29-202(1)(d)(ii)(A)">is convicted of an offense listed in Subsection <xref depth="4" refnumber="53-29-202(1)(a)">(1)(a)</xref> or a substantially equivalent offense in an external jurisdiction; or</subsection><subsection number="53-29-202(1)(d)(ii)(B)">is required to register on a sex, kidnap, and child abuse registry, or an equivalent registry, in the individual's state of residence based on a conviction for an offense that is not substantially equivalent to an offense listed in Subsection <xref depth="4" refnumber="53-29-202(1)(a)">(1)(a)</xref>;</subsection></subsection></subsection><subsection number="53-29-202(1)(e)">is found not guilty by reason of insanity in this state or in an external jurisdiction of an offense listed in Subsection <xref depth="4" refnumber="53-29-202(1)(a)">(1)(a)</xref> or a substantially equivalent offense; or</subsection><subsection number="53-29-202(1)(f)"><subsection number="53-29-202(1)(f)(i)">is adjudicated under Section <xref depth="3" refnumber="80-6-701">80-6-701</xref> for one or more offenses listed in Subsection <xref depth="4" refnumber="53-29-202(1)(a)">(1)(a)</xref>; and</subsection><subsection number="53-29-202(1)(f)(ii)">has been committed to the division for secure care, as defined in Section <xref depth="3" refnumber="80-1-102">80-1-102</xref>, for that offense if:<subsection number="53-29-202(1)(f)(ii)(A)">the individual remains in the division's custody until 30 days before the individual's 21st birthday;</subsection><subsection number="53-29-202(1)(f)(ii)(B)">the juvenile court extended the juvenile court's jurisdiction over the individual under Section <xref depth="3" refnumber="80-6-605">80-6-605</xref> and the individual remains in the division's custody until 30 days before the individual's 25th birthday; or</subsection><subsection number="53-29-202(1)(f)(ii)(C)">the individual is moved from the division's custody to the custody of the department before expiration of the division's jurisdiction over the individual.</subsection></subsection></subsection></subsection><subsection number="53-29-202(2)">Subject to Subsection <xref tempid="275" depth="4" refnumber="(3)">(3)</xref>, an individual is:<subsection number="53-29-202(2)(a)">a child abuse offender if the individual:<subsection number="53-29-202(2)(a)(i)">has committed, attempted, solicited, or conspired to commit an offense described in Subsection <xref depth="4" refnumber="53-29-202(1)(a)(i)">(1)(a)(i)</xref> through <xref depth="4" refnumber="53-29-202(ii)">(ii)</xref>; or</subsection><subsection number="53-29-202(2)(a)(ii)">meets a requirement described in Subsections <xref tempid="479" depth="4" refnumber="(1)(b)">(1)(b)</xref> through <xref refnumber="(1)(e)" depth="4">(e)</xref> for an offense described in Subsection <xref depth="4" refnumber="53-29-202(1)(a)(i)">(1)(a)(i)</xref> through <xref depth="4" refnumber="53-29-202(ii)">(ii)</xref> or a substantially equivalent offense;</subsection></subsection><subsection number="53-29-202(2)(b)">a sex offender if the individual:<subsection number="53-29-202(2)(b)(i)">has committed, attempted, solicited, or conspired to commit an offense described in Subsections <xref depth="4" refnumber="53-29-202(1)(a)(iii)">(1)(a)(iii)</xref> through (xxxvi); or</subsection><subsection number="53-29-202(2)(b)(ii)">meets a requirement described in Subsections <xref depth="4" refnumber="53-29-202(1)(b)">(1)(b)</xref> through <xref depth="4" refnumber="53-29-202(e)">(e)</xref> for an offense described in Subsections <xref depth="4" refnumber="53-29-202(1)(a)(iii)">(1)(a)(iii)</xref> through (xxxvi) or a substantially equivalent offense; or</subsection></subsection><subsection number="53-29-202(2)(c)">a kidnap offender if the individual:<subsection number="53-29-202(2)(c)(i)">has committed, attempted, solicited, or conspired to commit an offense described in Subsections (1)(a)(xxxvii) through (xlv); or</subsection><subsection number="53-29-202(2)(c)(ii)">meets a requirement described in Subsections <xref depth="4" refnumber="53-29-202(1)(b)">(1)(b)</xref> through <xref depth="4" refnumber="53-29-202(e)">(e)</xref> for an offense described in Subsections (1)(a)(xxxvii) through (xlv) or a substantially equivalent offense.</subsection></subsection></subsection><subsection number="53-29-202(3)">An individual who has committed a registrable offense described in Subsection <xref depth="4" refnumber="53-29-202(1)(d)(ii)(b)">(1)(d)(ii)(B)</xref> in an external jurisdiction that is not substantially equivalent to an offense described in Subsection <xref tempid="441" depth="4" refnumber="(1)(a)">(1)(a)</xref> and is required to register on a sex, kidnap, and child abuse registry, or an equivalent registry, in the individual's state of residence is a child abuse offender, sex offender, or kidnap offender based on the individual's status on the registry in the individual's state of residence.</subsection><subsection number="53-29-202(4)">Notwithstanding Subsection <xref depth="4" refnumber="53-29-101(5)(a)">53-29-101(5)(a)</xref>, a plea of guilty or nolo contendere to a charge of sexual battery or lewdness that is held in abeyance under Title <xref depth="1" refnumber="77-2a">77, Chapter 2a</xref>, Pleas in Abeyance, is the equivalent of a conviction even if the charge is subsequently reduced or dismissed in accordance with the plea in abeyance agreement.</subsection></section><section number="53-29-203"><histories><history>Amended by Chapter <modchap sess="2026GS">458</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Registration lengths -- 10 years -- Lifetime.</catchline><subsection number="53-29-203(1)">Except as provided in Subsection <xref depth="4" refnumber="53-29-203(2)(a)">(2)(a)</xref>, <xref refnumber="(3)" depth="4">(3)</xref>, or <xref refnumber="(4)" depth="4">(4)</xref>, an individual who commits a registrable offense is required to register on the registry for:<subsection number="53-29-203(1)(a)">10 years after the day on which the offender's sentence for the offense has been terminated if the registrable offense is for:<subsection number="53-29-203(1)(a)(i)">a felony or class A misdemeanor violation of enticing a minor under Section <xref depth="3" refnumber="76-5-417">76-5-417</xref>, if the offender enticed the minor to engage in sexual activity that is one of the offenses described in Subsections <xref depth="4" refnumber="53-29-203(1)(a)(ii)">(1)(a)(ii)</xref> through <xref depth="4" refnumber="53-29-203(xxiv)">(xxiv)</xref>;</subsection><subsection number="53-29-203(1)(a)(ii)">aggravated child abuse under Subsection <xref depth="4" refnumber="76-5-109.2(3)(a)">76-5-109.2(3)(a)</xref> or <xref depth="4" refnumber="53-29-203(b)">(b)</xref>;</subsection><subsection number="53-29-203(1)(a)(iii)">child torture under Section <xref depth="3" refnumber="76-5-109.4">76-5-109.4</xref>;</subsection><subsection number="53-29-203(1)(a)(iv)">kidnapping under Subsection <xref depth="4" refnumber="76-5-301(2)(c)">76-5-301(2)(c)</xref> or <xref depth="4" refnumber="53-29-203(d)">(d)</xref>, if the offender was not the parent of the child victim;</subsection><subsection number="53-29-203(1)(a)(v)">human trafficking for labor under Section <xref depth="3" refnumber="76-5-308">76-5-308</xref>, if the offender was not the parent of the child victim;</subsection><subsection number="53-29-203(1)(a)(vi)">human trafficking of a child for labor under Section <xref depth="3" refnumber="76-5-308.5">76-5-308.5</xref>, if the offender was not the parent of the child victim;</subsection><subsection number="53-29-203(1)(a)(vii)">aggravated human trafficking for labor under Section <xref depth="3" refnumber="76-5-310">76-5-310</xref>, if the offender was not the parent of the child victim;</subsection><subsection number="53-29-203(1)(a)(viii)">human trafficking of a vulnerable adult for labor under Section <xref depth="3" refnumber="76-5-311">76-5-311</xref>;</subsection><subsection number="53-29-203(1)(a)(ix)">human smuggling under Section <xref depth="3" refnumber="76-5-316">76-5-316</xref>, if the offender was not the parent of the child victim;</subsection><subsection number="53-29-203(1)(a)(x)">aggravated human smuggling under Section <xref depth="3" refnumber="76-5-317">76-5-317</xref>;</subsection><subsection number="53-29-203(1)(a)(xi)">a felony violation of unlawful sexual activity with a minor under Section <xref depth="3" refnumber="76-5-401">76-5-401</xref>;</subsection><subsection number="53-29-203(1)(a)(xii)">sexual abuse of a minor under Section <xref depth="3" refnumber="76-5-401.1">76-5-401.1</xref>;</subsection><subsection number="53-29-203(1)(a)(xiii)">unlawful sexual conduct with a 16 or 17 year old under Section <xref depth="3" refnumber="76-5-401.2">76-5-401.2</xref>;</subsection><subsection number="53-29-203(1)(a)(xiv)">forcible sexual abuse under Section <xref depth="3" refnumber="76-5-404">76-5-404</xref>;</subsection><subsection number="53-29-203(1)(a)(xv)">custodial sexual relations under Section <xref depth="3" refnumber="76-5-412">76-5-412</xref>;</subsection><subsection number="53-29-203(1)(a)(xvi)">sexual exploitation of a vulnerable adult under Section <xref depth="3" refnumber="76-5b-202">76-5b-202</xref>;</subsection><subsection number="53-29-203(1)(a)(xvii)">sexual extortion under Section <xref depth="3" refnumber="76-5b-204">76-5b-204</xref>;</subsection><subsection number="53-29-203(1)(a)(xviii)">incest under Section <xref depth="3" refnumber="76-7-102">76-7-102</xref>;</subsection><subsection number="53-29-203(1)(a)(xix)">four to seven convictions of lewdness under Section <xref depth="3" refnumber="76-5-419">76-5-419</xref>;</subsection><subsection number="53-29-203(1)(a)(xx)">four to seven convictions of sexual battery under Section <xref depth="3" refnumber="76-5-418">76-5-418</xref>;</subsection><subsection number="53-29-203(1)(a)(xxi)">any combination of convictions of lewdness under Section <xref depth="3" refnumber="76-5-419">76-5-419</xref>, and of sexual battery under Section <xref depth="3" refnumber="76-5-418">76-5-418</xref>, that total four to seven convictions;</subsection><subsection number="53-29-203(1)(a)(xxii)">lewdness involving a child under Section <xref depth="3" refnumber="76-5-420">76-5-420</xref>;</subsection><subsection number="53-29-203(1)(a)(xxiii)">a felony or class A misdemeanor violation of:<subsection number="53-29-203(1)(a)(xxiii)(A)">voyeurism under Section <xref depth="3" refnumber="76-12-306">76-12-306</xref>;</subsection><subsection number="53-29-203(1)(a)(xxiii)(B)">recorded or photographed voyeurism under Section <xref depth="3" refnumber="76-12-307">76-12-307</xref>; or</subsection><subsection number="53-29-203(1)(a)(xxiii)(C)">distribution of images obtained through voyeurism under Section <xref depth="3" refnumber="76-12-308">76-12-308</xref>;</subsection></subsection><subsection number="53-29-203(1)(a)(xxiv)">aggravated exploitation of prostitution under Section <xref depth="3" refnumber="76-5d-208">76-5d-208</xref>, committed on or before May 9, 2011;</subsection><subsection number="53-29-203(1)(a)(xxv)">attempting, soliciting, or conspiring to commit an offense listed in Subsections(1)(a)(i) through (xxiv) if the attempt, solicitation, or conspiracy is a registrable offense; or</subsection><subsection number="53-29-203(1)(a)(xxvi)">attempting, soliciting, or conspiring to commit:<subsection number="53-29-203(1)(a)(xxvi)(A)">aggravated kidnapping under Section <xref depth="3" refnumber="76-5-302">76-5-302</xref>, if the offender was not the parent of the child victim;</subsection><subsection number="53-29-203(1)(a)(xxvi)(B)">human trafficking for commercial sexual exploitation under Section <xref depth="3" refnumber="76-5-308.1">76-5-308.1</xref>, if the offender was not the parent of the child victim;</subsection><subsection number="53-29-203(1)(a)(xxvi)(C)">human trafficking of a child for commercial sexual exploitation under Section <xref depth="3" refnumber="76-5-308.6">76-5-308.6</xref>, if the offender was not the parent of the child victim;</subsection><subsection number="53-29-203(1)(a)(xxvi)(D)">aggravated human trafficking for commercial sexual exploitation under Section <xref depth="3" refnumber="76-5-310.2">76-5-310.2</xref>, if the offender was not the parent of the child victim;</subsection><subsection number="53-29-203(1)(a)(xxvi)(E)">human trafficking of a vulnerable adult for commercial sexual exploitation under Section <xref depth="3" refnumber="76-5-312">76-5-312</xref>, if the offender was not the parent of the child victim;</subsection><subsection number="53-29-203(1)(a)(xxvi)(F)">forcible sodomy under Section <xref depth="3" refnumber="76-5-403">76-5-403</xref>;</subsection><subsection number="53-29-203(1)(a)(xxvi)(G)">sexual abuse of a child under Section <xref depth="3" refnumber="76-5-404.1">76-5-404.1</xref>;</subsection><subsection number="53-29-203(1)(a)(xxvi)(H)">sexual exploitation of a minor under Section <xref depth="3" refnumber="76-5b-201">76-5b-201</xref>;</subsection><subsection number="53-29-203(1)(a)(xxvi)(I)">aggravated sexual exploitation of a minor under Section <xref depth="3" refnumber="76-5b-201.1">76-5b-201.1</xref>;</subsection><subsection number="53-29-203(1)(a)(xxvi)(J)">aggravated sexual extortion under Section <xref depth="3" refnumber="76-5b-204.1">76-5b-204.1</xref>;</subsection><subsection number="53-29-203(1)(a)(xxvi)(K)">possession of apparent child sexual abuse material under Section <xref depth="3" refnumber="76-5b-207">76-5b-207</xref>;</subsection><subsection number="53-29-203(1)(a)(xxvi)(L)">distribution of apparent child sexual abuse material under Section <xref depth="3" refnumber="76-5b-208">76-5b-208</xref>;</subsection><subsection number="53-29-203(1)(a)(xxvi)(M)">unlawful activity regarding obscene material depicting the sexual abuse of a minor under Section <xref depth="3" refnumber="76-5b-209">76-5b-209</xref>; or</subsection><subsection number="53-29-203(1)(a)(xxvi)(N)">aggravated exploitation of prostitution under Section <xref depth="3" refnumber="76-5d-208">76-5d-208</xref>, on or after May 10, 2011; or</subsection></subsection></subsection><subsection number="53-29-203(1)(b)">the offender's lifetime if the registrable offense is:<subsection number="53-29-203(1)(b)(i)">a conviction for an offense described in Subsection <xref tempid="273" depth="4" refnumber="53-29-203(1)(a)">(1)(a)</xref>, if the offender has, at the time of conviction for the offense:<subsection number="53-29-203(1)(b)(i)(A)">previously been convicted of an offense described in Subsection <xref tempid="293" depth="4" refnumber="53-29-203(1)(a)">(1)(a)</xref>, or a substantially equivalent offense in an external jurisdiction; or</subsection><subsection number="53-29-203(1)(b)(i)(B)">previously been required to register as an offender for an offense described in Subsection <xref depth="4" refnumber="53-29-203(1)(a)">(1)(a)</xref> committed as a juvenile;</subsection></subsection><subsection number="53-29-203(1)(b)(ii)">a following offense, including attempting, soliciting, or conspiring to commit a felony violation of:<subsection number="53-29-203(1)(b)(ii)(A)">child kidnapping under Section <xref depth="3" refnumber="76-5-301.1">76-5-301.1</xref>, if the offender was not the parent of the child victim;</subsection><subsection number="53-29-203(1)(b)(ii)(B)">rape under Section <xref depth="3" refnumber="76-5-402">76-5-402</xref>;</subsection><subsection number="53-29-203(1)(b)(ii)(C)">rape of a child under Section <xref depth="3" refnumber="76-5-402.1">76-5-402.1</xref>;</subsection><subsection number="53-29-203(1)(b)(ii)(D)">object rape under Section <xref depth="3" refnumber="76-5-402.2">76-5-402.2</xref>;</subsection><subsection number="53-29-203(1)(b)(ii)(E)">object rape of a child under Section <xref depth="3" refnumber="76-5-402.3">76-5-402.3</xref>;</subsection><subsection number="53-29-203(1)(b)(ii)(F)">sodomy on a child under Section <xref depth="3" refnumber="76-5-403.1">76-5-403.1</xref>;</subsection><subsection number="53-29-203(1)(b)(ii)(G)">aggravated sexual abuse of a child under Section <xref depth="3" refnumber="76-5-404.3">76-5-404.3</xref>; or</subsection><subsection number="53-29-203(1)(b)(ii)(H)">aggravated sexual assault under Section <xref depth="3" refnumber="76-5-405">76-5-405</xref>;</subsection></subsection><subsection number="53-29-203(1)(b)(iii)">aggravated kidnapping under Section <xref depth="3" refnumber="76-5-302">76-5-302</xref>, if the offender was not the parent of the child victim;</subsection><subsection number="53-29-203(1)(b)(iv)">human trafficking for commercial sexual exploitation under Section <xref depth="3" refnumber="76-5-308.1">76-5-308.1</xref>, if the offender was not the parent of the child victim;</subsection><subsection number="53-29-203(1)(b)(v)">human trafficking of a child for commercial sexual exploitation under Section <xref depth="3" refnumber="76-5-308.6">76-5-308.6</xref>, if the offender was not the parent of the child victim;</subsection><subsection number="53-29-203(1)(b)(vi)">aggravated human trafficking for commercial sexual exploitation under Section <xref depth="3" refnumber="76-5-310.2">76-5-310.2</xref>, if the offender was not the parent of the child victim;</subsection><subsection number="53-29-203(1)(b)(vii)">human trafficking of a vulnerable adult for commercial sexual exploitation under Section <xref depth="3" refnumber="76-5-312">76-5-312</xref>, if the offender was not the parent of the child victim;</subsection><subsection number="53-29-203(1)(b)(viii)">forcible sodomy under Section <xref depth="3" refnumber="76-5-403">76-5-403</xref>;</subsection><subsection number="53-29-203(1)(b)(ix)">sexual abuse of a child under Section <xref depth="3" refnumber="76-5-404.1">76-5-404.1</xref>;</subsection><subsection number="53-29-203(1)(b)(x)">sexual exploitation of a minor under Section <xref depth="3" refnumber="76-5b-201">76-5b-201</xref>;</subsection><subsection number="53-29-203(1)(b)(xi)">aggravated sexual exploitation of a minor under Section <xref depth="3" refnumber="76-5b-201.1">76-5b-201.1</xref>;</subsection><subsection number="53-29-203(1)(b)(xii)">aggravated sexual extortion under Section <xref depth="3" refnumber="76-5b-204.1">76-5b-204.1</xref>;</subsection><subsection number="53-29-203(1)(b)(xiii)">aggravated exploitation of prostitution under Section <xref depth="3" refnumber="76-5d-208">76-5d-208</xref>, on or after May 10, 2011; or</subsection><subsection number="53-29-203(1)(b)(xiv)">a felony violation of enticing a minor under Section <xref depth="3" refnumber="76-5-417">76-5-417</xref>, if the offender enticed the minor to engage in sexual activity that is one of the offenses described in Subsections <xref tempid="508" depth="4" refnumber="53-29-203(1)(b)(ii)">(1)(b)(ii)</xref> through (xiii).</subsection></subsection></subsection><subsection number="53-29-203(2)">An individual who qualifies as an offender based on a conviction in an external jurisdiction for a registrable offense is required to register:<subsection number="53-29-203(2)(a)">for the time period required by the external jurisdiction if the offender:<subsection number="53-29-203(2)(a)(i)">is on, or required to be on, the external jurisdiction's sex, kidnap, and child abuse registry, or an equivalent registry; or</subsection><subsection number="53-29-203(2)(a)(ii)">would otherwise be on the external jurisdiction's sex, kidnap, and child abuse registry, or an equivalent registry, if the individual still resided in the external jurisdiction; or</subsection></subsection><subsection number="53-29-203(2)(b)">for the applicable time period required under Subsection <xref depth="4" refnumber="53-29-203(1)">(1)</xref> if the offender is not on, or required to be on, the external jurisdiction's sex, kidnap, and child abuse registry, or an equivalent registry.</subsection></subsection><subsection number="53-29-203(3)"><subsection number="53-29-203(3)(a)">If the sentencing court at any time after an offender is convicted of an offense requiring lifetime registration described in Subsection <xref depth="4" refnumber="53-29-203(1)(b)">(1)(b)</xref>, and after considering the factors described in Subsection <xref depth="4" refnumber="53-29-203(3)(b)">(3)(b)</xref>, determines that the offender was under 21 years old at the time the offense was committed and the offense did not involve force or coercion, the requirement that the offender register for the offender's lifetime does not apply and the offender shall register for 10 years after the day on which the offender's sentence for the offense has been terminated.</subsection><subsection number="53-29-203(3)(b)">In determining whether an offense committed by an offender involves force or coercion under Subsection <xref depth="4" refnumber="53-29-203(3)(a)">(3)(a)</xref>, the sentencing court shall consider:<subsection number="53-29-203(3)(b)(i)">the age of the victim;</subsection><subsection number="53-29-203(3)(b)(ii)">the vulnerability of the victim;</subsection><subsection number="53-29-203(3)(b)(iii)">the physical, mental, psychological, or emotional harm the victim suffered from the offense;</subsection><subsection number="53-29-203(3)(b)(iv)">whether the offender used fraud or deception to commit the offense;</subsection><subsection number="53-29-203(3)(b)(v)">if any child sexual abuse material, apparent child sexual abuse material, or obscene child sexual abuse material, as those terms are defined in Section <xref depth="3" refnumber="76-5b-103">76-5b-103</xref>, was:<subsection number="53-29-203(3)(b)(v)(A)">distributed to the victim by the offender; or</subsection><subsection number="53-29-203(3)(b)(v)(B)">distributed, produced, or possessed by the offender at the time of the offense, that involved force or coercion against a victim depicted in the child sexual abuse material; and</subsection></subsection><subsection number="53-29-203(3)(b)(vi)">any other factor the sentencing court determines is relevant.</subsection></subsection></subsection><subsection number="53-29-203(4)">Except for an individual who is adjudicated for a registrable offense and is an offender who meets the requirements under Subsection <xref refnumber="53-29-202(1)(f)" depth="4">53-29-202(1)(f)</xref>, an individual who is under 18 years old and commits a registrable offense after May 3, 2023, is not subject to registration requirements under this chapter unless the offender:<subsection number="53-29-203(4)(a)">is charged by criminal information in juvenile court under Section <xref depth="3" refnumber="80-6-503">80-6-503</xref>;</subsection><subsection number="53-29-203(4)(b)">is bound over to district court in accordance with Section <xref depth="3" refnumber="80-6-504">80-6-504</xref>; and</subsection><subsection number="53-29-203(4)(c)">is convicted of a registrable offense.</subsection></subsection><subsection number="53-29-203(5)">An offender subject to the 10-year or lifetime registration requirements under Subsection <xref refnumber="53-29-203(1)" depth="4">(1)</xref> may petition the court for an order of removal from the registry in accordance with Section <xref depth="3" refnumber="53-29-204">53-29-204</xref>, <xref depth="3" refnumber="53-29-205">53-29-205</xref>, or <xref depth="3" refnumber="53-29-206">53-29-206</xref>.</subsection></section><section number="53-29-204"><histories><history>Enacted by Chapter <modchap sess="2025GS">291</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Five-year petition for removal from registry -- Eligibility.</catchline><subsection number="53-29-204(1)">An offender who is required to register on the registry for a registrable offense described in Subsection <xref depth="4" refnumber="53-29-204(2)">(2)</xref> that is subject to a 10-year registration period, as described in Section <xref depth="3" refnumber="53-29-203">53-29-203</xref>, is eligible to petition the court under Section <xref depth="3" refnumber="53-29-207">53-29-207</xref> for an order of removal from the registry after five years after the day on which the offender's sentence for the offense has been terminated if:<subsection number="53-29-204(1)(a)">the offense is the only offense for which the offender was required to register;</subsection><subsection number="53-29-204(1)(b)">the offender has not been convicted of another offense, excluding a traffic offense, after the day on which the offender was convicted of the offense for which the offender is required to register, as evidenced by a certificate of eligibility issued by the bureau;</subsection><subsection number="53-29-204(1)(c)">the offender successfully completed all treatment ordered by the court or the Board of Pardons and Parole relating to the offense; and</subsection><subsection number="53-29-204(1)(d)">the offender has paid all restitution ordered by the court or the Board of Pardons and Parole relating to the offense.</subsection></subsection><subsection number="53-29-204(2)">The offenses that qualify for a five-year petition for an order of removal from the registry referenced in Subsection <xref tempid="113" depth="4" refnumber="53-29-204(1)">(1)</xref> are:<subsection number="53-29-204(2)(a)">a class A misdemeanor violation of enticing a minor under Section <xref depth="3" refnumber="76-5-417">76-5-417</xref>;</subsection><subsection number="53-29-204(2)(b)">kidnapping under Subsection <xref tempid="859" depth="4" refnumber="76-5-301(2)(c)">76-5-301(2)(c)</xref> or <xref refnumber="76-5-301(2)(d)" depth="4">(d)</xref>;</subsection><subsection number="53-29-204(2)(c)">a felony violation of unlawful sexual activity with a minor under Section <xref depth="3" refnumber="76-5-401">76-5-401</xref>, if, at the time of the offense, the offender is not more than 10 years older than the victim;</subsection><subsection number="53-29-204(2)(d)">sexual abuse of a minor under Section <xref depth="3" refnumber="76-5-401.1">76-5-401.1</xref>, if, at the time of the offense, the offender is not more than 10 years older than the victim;</subsection><subsection number="53-29-204(2)(e)">unlawful sexual conduct with a 16 or 17 year old under Section <xref depth="3" refnumber="76-5-401.2">76-5-401.2</xref>, if at the time of the offense, the offender is not more than 15 years older than the victim;</subsection><subsection number="53-29-204(2)(f)">a class A misdemeanor violation of:<subsection number="53-29-204(2)(f)(i)">voyeurism under Section <xref depth="3" refnumber="76-12-306">76-12-306</xref>;</subsection><subsection number="53-29-204(2)(f)(ii)">recorded or photographed voyeurism under Section <xref depth="3" refnumber="76-12-307">76-12-307</xref>; or</subsection><subsection number="53-29-204(2)(f)(iii)">distribution of images obtained through voyeurism under Section <xref depth="3" refnumber="76-12-308">76-12-308</xref>;</subsection></subsection><subsection number="53-29-204(2)(g)">attempting, soliciting, or conspiring to commit an offense listed in Subsections <xref refnumber="53-29-204(2)(a)" depth="4">(2)(a)</xref> through <xref refnumber="(2)(f)" depth="4">(f)</xref> if the attempt, solicitation, or conspiracy is a registrable offense; and</subsection><subsection number="53-29-204(2)(h)">an offense committed in an external jurisdiction that is not substantially equivalent to a registrable offense described in Subsection <xref depth="4" refnumber="53-29-202(1)(a)">53-29-202(1)(a)</xref>.</subsection></subsection></section><section number="53-29-205"><histories><history>Amended by Chapter <modchap sess="2026GS">330</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Ten-year petition for removal from registry -- Eligibility.</catchline><subsection number="53-29-205(1)">An offender who is required to register on the registry for a registrable offense described in Subsection <xref depth="4" refnumber="53-29-205(3)">(3)</xref> subject to a 10-year registration period as described in Section <xref depth="3" refnumber="53-29-203">53-29-203</xref> is eligible to petition the court under Section <xref depth="3" refnumber="53-29-207">53-29-207</xref> for an order of removal from the registry at a 10-year after entrance into the community period described in Subsection <xref tempid="389" depth="4" refnumber="53-29-205(2)">(2)</xref> if:<subsection number="53-29-205(1)(a)">the offender has not been convicted of another offense that is a class A misdemeanor, felony, or capital felony within the most recent 10-year period after the date described in Subsection <xref depth="4" refnumber="53-29-205(2)">(2)</xref>, as evidenced by a certificate of eligibility issued by the bureau;</subsection><subsection number="53-29-205(1)(b)">the offender successfully completed all treatment ordered by the court or the Board of Pardons and Parole relating to the offense; and</subsection><subsection number="53-29-205(1)(c)">the offender has paid all restitution ordered by the court or the Board of Pardons and Parole relating to the offense.</subsection></subsection><subsection number="53-29-205(2)">An offender who qualifies under Subsection <xref tempid="667" depth="4" refnumber="53-29-205(1)">(1)</xref> may petition the court under Section <xref depth="3" refnumber="53-29-207">53-29-207</xref> for an order of removal from the registry if 10 years have passed after the later of the following events in which the offender entered into the community:<subsection number="53-29-205(2)(a)">the day on which the offender was placed on probation;</subsection><subsection number="53-29-205(2)(b)">the day on which the offender was released from incarceration to parole;</subsection><subsection number="53-29-205(2)(c)">the day on which the offender's sentence was terminated without parole;</subsection><subsection number="53-29-205(2)(d)">the day on which the offender entered a community-based residential program; or</subsection><subsection number="53-29-205(2)(e)">for a minor, as defined in Section <xref depth="3" refnumber="80-1-102">80-1-102</xref>, the day on which the division's custody of the offender was terminated.</subsection></subsection><subsection number="53-29-205(3)">The offenses that qualify for a 10-year petition for an order of removal from the registry referenced in Subsection <xref depth="4" refnumber="53-29-205(1)">(1)</xref> are:<subsection number="53-29-205(3)(a)">a felony violation of enticing a minor under Section <xref depth="3" refnumber="76-5-417">76-5-417</xref>, if the offender enticed the minor to engage in sexual activity that is one of the offenses described in Subsections <xref tempid="862" depth="4" refnumber="53-29-205(3)(b)">(3)(b)</xref> through (v);</subsection><subsection number="53-29-205(3)(b)">aggravated child abuse under Subsection <xref depth="4" refnumber="76-5-109.2(3)(a)">76-5-109.2(3)(a)</xref> or (b);</subsection><subsection number="53-29-205(3)(c)">child torture under Section <xref depth="3" refnumber="76-5-109.4">76-5-109.4</xref>;</subsection><subsection number="53-29-205(3)(d)">human trafficking for labor under Section <xref depth="3" refnumber="76-5-308">76-5-308</xref>;</subsection><subsection number="53-29-205(3)(e)">human trafficking of a child for labor under Section <xref depth="3" refnumber="76-5-308.5">76-5-308.5</xref>;</subsection><subsection number="53-29-205(3)(f)">aggravated human trafficking for labor under Section <xref depth="3" refnumber="76-5-310">76-5-310</xref>;</subsection><subsection number="53-29-205(3)(g)">human trafficking of a vulnerable adult for labor under Section <xref depth="3" refnumber="76-5-311">76-5-311</xref>;</subsection><subsection number="53-29-205(3)(h)">human smuggling under Section <xref depth="3" refnumber="76-5-316">76-5-316</xref>;</subsection><subsection number="53-29-205(3)(i)">aggravated human smuggling under Section <xref depth="3" refnumber="76-5-317">76-5-317</xref>;</subsection><subsection number="53-29-205(3)(j)">a felony violation of unlawful sexual activity with a minor under Section <xref depth="3" refnumber="76-5-401">76-5-401</xref>, if, at the time of the offense, the offender is more than 10 years older than the victim;</subsection><subsection number="53-29-205(3)(k)">sexual abuse of a minor under Section <xref depth="3" refnumber="76-5-401.1">76-5-401.1</xref>, if, at the time of the offense, the offender is more than 10 years older than the victim;</subsection><subsection number="53-29-205(3)(l)">unlawful sexual conduct with a 16 or 17 year old under Section <xref depth="3" refnumber="76-5-401.2">76-5-401.2</xref>, if, at the time of the offense, the offender is more than 15 years older than the victim;</subsection><subsection number="53-29-205(3)(m)">forcible sexual abuse under Section <xref depth="3" refnumber="76-5-404">76-5-404</xref>;</subsection><subsection number="53-29-205(3)(n)">custodial sexual relations under Section <xref depth="3" refnumber="76-5-412">76-5-412</xref>, if the victim in custody is younger than 18 years old and the offense is committed on or after May 10, 2011;</subsection><subsection number="53-29-205(3)(o)">sexual exploitation of a vulnerable adult under Section <xref depth="3" refnumber="76-5b-202">76-5b-202</xref>;</subsection><subsection number="53-29-205(3)(p)">sexual extortion under Section <xref depth="3" refnumber="76-5b-204">76-5b-204</xref>;</subsection><subsection number="53-29-205(3)(q)">incest under Section <xref depth="3" refnumber="76-7-102">76-7-102</xref>;</subsection><subsection number="53-29-205(3)(r)">four or more convictions of lewdness under Section <xref depth="3" refnumber="76-5-419">76-5-419</xref>;</subsection><subsection number="53-29-205(3)(s)">four or more convictions of sexual battery under Section <xref depth="3" refnumber="76-5-418">76-5-418</xref>;</subsection><subsection number="53-29-205(3)(t)">any combination of convictions of lewdness under Section <xref depth="3" refnumber="76-5-419">76-5-419</xref>, and of sexual battery under Section <xref depth="3" refnumber="76-5-418">76-5-418</xref>, that total four or more convictions;</subsection><subsection number="53-29-205(3)(u)">lewdness involving a child under Section <xref depth="3" refnumber="76-5-420">76-5-420</xref>;</subsection><subsection number="53-29-205(3)(v)">a felony violation of:<subsection number="53-29-205(3)(v)(i)">recorded or photographed voyeurism under Section <xref depth="3" refnumber="76-12-307">76-12-307</xref>; or</subsection><subsection number="53-29-205(3)(v)(ii)">distribution of images obtained through voyeurism under Section <xref depth="3" refnumber="76-12-308">76-12-308</xref>;</subsection></subsection><subsection number="53-29-205(3)(w)">aggravated exploitation of prostitution under Section <xref depth="3" refnumber="76-5d-208">76-5d-208</xref>, committed on or before May 9, 2011;</subsection><subsection number="53-29-205(3)(x)">attempting, soliciting, or conspiring to commit an offense listed in Subsections <xref depth="4" refnumber="53-29-205(3)(a)">(3)(a)</xref> through <xref depth="4" refnumber="53-29-205(v)">(v)</xref> if the attempt, solicitation, or conspiracy is a registrable offense;</subsection><subsection number="53-29-205(3)(y)">attempting, soliciting, or conspiring to commit:<subsection number="53-29-205(3)(y)(i)">human trafficking for commercial sexual exploitation under Section <xref depth="3" refnumber="76-5-308.1">76-5-308.1</xref>;</subsection><subsection number="53-29-205(3)(y)(ii)">human trafficking of a child for commercial sexual exploitation under Section <xref depth="3" refnumber="76-5-308.6">76-5-308.6</xref>;</subsection><subsection number="53-29-205(3)(y)(iii)">aggravated human trafficking for commercial sexual exploitation under Section <xref depth="3" refnumber="76-5-310.2">76-5-310.2</xref>;</subsection><subsection number="53-29-205(3)(y)(iv)">human trafficking of a vulnerable adult for commercial sexual exploitation under Section <xref depth="3" refnumber="76-5-312">76-5-312</xref>;</subsection><subsection number="53-29-205(3)(y)(v)">aggravated kidnapping under Section <xref depth="3" refnumber="76-5-302">76-5-302</xref>, except if the offender is a parent of the victim;</subsection><subsection number="53-29-205(3)(y)(vi)">forcible sodomy under Section <xref depth="3" refnumber="76-5-403">76-5-403</xref>;</subsection><subsection number="53-29-205(3)(y)(vii)">sexual abuse of a child under Section <xref depth="3" refnumber="76-5-404.1">76-5-404.1</xref>;</subsection><subsection number="53-29-205(3)(y)(viii)">sexual exploitation of a minor under Section <xref depth="3" refnumber="76-5b-201">76-5b-201</xref>;</subsection><subsection number="53-29-205(3)(y)(ix)">aggravated sexual exploitation of a minor under Section <xref depth="3" refnumber="76-5b-201.1">76-5b-201.1</xref>;</subsection><subsection number="53-29-205(3)(y)(x)">aggravated sexual extortion under Section <xref depth="3" refnumber="76-5b-204.1">76-5b-204.1</xref>;</subsection><subsection number="53-29-205(3)(y)(xi)">possession of apparent child sexual abuse material under Section <xref depth="3" refnumber="76-5b-207">76-5b-207</xref>;</subsection><subsection number="53-29-205(3)(y)(xii)">distribution of apparent child sexual abuse material under Section <xref depth="3" refnumber="76-5b-208">76-5b-208</xref>;</subsection><subsection number="53-29-205(3)(y)(xiii)">unlawful activity regarding obscene material depicting the sexual abuse of a minor under Section <xref depth="3" refnumber="76-5b-209">76-5b-209</xref>; or</subsection><subsection number="53-29-205(3)(y)(xiv)">aggravated exploitation of prostitution under Section <xref depth="3" refnumber="76-5d-208">76-5d-208</xref>, on or after May 10, 2011; or</subsection></subsection><subsection number="53-29-205(3)(z)">an offense described in Subsection <xref refnumber="53-29-203(1)(b)" depth="4">53-29-203(1)(b)</xref> that would otherwise be subject to a 20-year petition for removal as described in Section <xref depth="3" refnumber="53-29-206">53-29-206</xref>, if:<subsection number="53-29-205(3)(z)(i)">the sentencing court determines that the offender was under 21 years old at the time the offense was committed; and</subsection><subsection number="53-29-205(3)(z)(ii)">the offense did not involve force or coercion as described in Subsection <xref refnumber="53-29-203(3)" depth="4">53-29-203(3)</xref>.</subsection></subsection></subsection><subsection number="53-29-205(4)">An individual who is as an offender under Section <xref depth="3" refnumber="53-29-202">53-29-202</xref> based on a conviction in an external jurisdiction for a registrable offense, or a substantially equivalent offense, and is required to register on the external jurisdiction's sex, kidnap, or child abuse offender registry, or an equivalent registry, may petition for removal from the registry in accordance with the requirements of this section if the individual:<subsection number="53-29-205(4)(a)">does not have a lifetime registration requirement on the external jurisdiction's sex, kidnap, or child abuse offender registry, or an equivalent registry;</subsection><subsection number="53-29-205(4)(b)">meets the requirements described in Subsections <xref refnumber="53-29-205(1)(a)" depth="4">(1)(a)</xref> through (c);</subsection><subsection number="53-29-205(4)(c)">has resided in this state for at least 183 days in a year for two consecutive years;</subsection><subsection number="53-29-205(4)(d)">intends to primarily reside in this state; and</subsection><subsection number="53-29-205(4)(e)">has received an order from a court in the external jurisdiction where the offender was initially required to register on a sex, kidnap, and child abuse registry, or an equivalent registry, that authorizes the offender to be removed from the Sex, Kidnap, and Child Abuse Offender Registry.</subsection></subsection></section><section number="53-29-206"><histories><history>Enacted by Chapter <modchap sess="2025GS">291</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Twenty-year petition for removal from registry -- Eligibility.</catchline><subsection number="53-29-206(1)">An offender who is required to register on the registry for a registrable offense subject to a lifetime registration period described in Subsection <xref depth="4" refnumber="53-29-203(1)(b)">53-29-203(1)(b)</xref> is eligible to petition the court under Section <xref depth="3" refnumber="53-29-207">53-29-207</xref> for an order of removal from the registry at a 20-year entrance into the community period described in Subsection <xref depth="4" refnumber="53-29-206(2)">(2)</xref> if:<subsection number="53-29-206(1)(a)">the offender has not been convicted of another offense that is a class A misdemeanor, felony, or capital felony within the most recent 20-year period after the date described in Subsection <xref depth="4" refnumber="53-29-206(2)">(2)</xref>, as evidenced by a certificate of eligibility issued by the bureau;</subsection><subsection number="53-29-206(1)(b)">the offender successfully completed all treatment ordered by the court or the Board of Pardons and Parole relating to the offense;</subsection><subsection number="53-29-206(1)(c)">the offender has paid all restitution ordered by the court or the Board of Pardons and Parole relating to the offense; and</subsection><subsection number="53-29-206(1)(d)">the offender submits to an evidence-based risk assessment that:<subsection number="53-29-206(1)(d)(i)">meets the standards for the current risk assessment, score, and risk level required by the Board of Pardons and Parole for parole termination requests;</subsection><subsection number="53-29-206(1)(d)(ii)">is completed within the six months before the date on which the petition is filed; and</subsection><subsection number="53-29-206(1)(d)(iii)">describes the evidence-based risk assessment of the current level of risk to the safety of the public posed by the offender.</subsection></subsection></subsection><subsection number="53-29-206(2)">An offender who qualifies under Subsection <xref depth="4" refnumber="53-29-206(1)">(1)</xref> may petition the court under Section <xref depth="3" refnumber="53-29-207">53-29-207</xref> for an order of removal from the registry if 20 years have passed after the later of the following events in which the offender has entered into the community:<subsection number="53-29-206(2)(a)">the day on which the offender was placed on probation;</subsection><subsection number="53-29-206(2)(b)">the day on which the offender was released from incarceration to parole;</subsection><subsection number="53-29-206(2)(c)">the day on which the offender's sentence was terminated without parole;</subsection><subsection number="53-29-206(2)(d)">the day on which the offender entered a community-based residential program; or</subsection><subsection number="53-29-206(2)(e)">for a minor, as defined in Section <xref depth="3" refnumber="80-1-102">80-1-102</xref>, the day on which the division's custody of the offender was terminated.</subsection></subsection><subsection number="53-29-206(3)">An individual who is an offender under Section <xref depth="3" refnumber="53-29-202">53-29-202</xref> based on a conviction in an external jurisdiction for a registrable offense or a substantially equivalent offense, and is required to register on the external jurisdiction's sex, kidnap, or child abuse offender registry, or an equivalent registry, may petition for removal from the registry in accordance with the requirements of this section if the individual:<subsection number="53-29-206(3)(a)">is required to register on the external jurisdiction's sex, kidnap, or child abuse offender registry, or an equivalent registry, for the individual's lifetime;</subsection><subsection number="53-29-206(3)(b)">meets the requirements described in Subsections <xref depth="4" refnumber="53-29-206(1)(a)">(1)(a)</xref> through <xref depth="4" refnumber="53-29-206(d)">(d)</xref>;</subsection><subsection number="53-29-206(3)(c)">has resided in this state for at least 183 days in a year for two consecutive years;</subsection><subsection number="53-29-206(3)(d)">intends to primarily reside in this state; and</subsection><subsection number="53-29-206(3)(e)">the offender has received an order from a court in the external jurisdiction where the offender was initially required to register on a sex, kidnap, and child abuse registry, or an equivalent registry, that authorizes the offender to be removed from the Sex, Kidnap, and Child Abuse Offender Registry.</subsection></subsection></section><section number="53-29-207"><histories><history>Enacted by Chapter <modchap sess="2025GS">291</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Process to petition for removal from registry -- Offender, bureau, court, and prosecutor responsibilities.</catchline><subsection number="53-29-207(1)">Before an offender who is eligible to petition for an order of removal from the registry as described in Section <xref depth="3" refnumber="53-29-204">53-29-204</xref>, <xref depth="3" refnumber="53-29-205">53-29-205</xref>, or <xref depth="3" refnumber="53-29-206">53-29-206</xref> may file a petition with the court for an order of removal from the registry, the offender shall apply to the bureau for a certificate of eligibility for removal from the registry that states that the offender has met certain qualifications for removal.</subsection><subsection number="53-29-207(2)">After the bureau receives an offender's application for a certificate of eligibility for removal from the registry, the bureau shall:<subsection number="53-29-207(2)(a)">perform a check of records of governmental agencies, including national criminal databases, to determine whether an offender meets the requirements described in:<subsection number="53-29-207(2)(a)(i)">Subsection <xref refnumber="53-29-204(1)" depth="4">53-29-204(1)</xref>, if the offender is seeking a five-year petition for removal;</subsection><subsection number="53-29-207(2)(a)(ii)">Subsections <xref depth="4" refnumber="53-29-205(1)">53-29-205(1)</xref> and <xref refnumber="53-29-205(2)" depth="4">(2)</xref>, if the offender is seeking a 10-year petition for removal; or</subsection><subsection number="53-29-207(2)(a)(iii)">Subsections <xref depth="4" refnumber="53-29-206(1)">53-29-206(1)</xref> and <xref refnumber="53-29-206(2)" depth="4">(2)</xref>, if the offender is seeking a 20-year petition for removal; and</subsection></subsection><subsection number="53-29-207(2)(b)">if the bureau determines that the offender meets the requirements described in Subsection <xref tempid="781" depth="4" refnumber="(2)(a)">(2)(a)</xref>, issue a certificate of eligibility for removal from the registry to the offender, which is valid for 90 days after the day on which the bureau issues the certificate.</subsection></subsection><subsection number="53-29-207(3)"><subsection number="53-29-207(3)(a)">After an offender has received the certificate of eligibility for removal from the registry described in Subsection <xref tempid="866" depth="4" refnumber="(2)">(2)</xref>, the offender may petition the court for an order of removal from the registry, and shall include in the petition:<subsection number="53-29-207(3)(a)(i)">the original information or indictment regarding the registrable offense that the offender committed;</subsection><subsection number="53-29-207(3)(a)(ii)">the court docket; and</subsection><subsection number="53-29-207(3)(a)(iii)">the certificate of eligibility for removal from the registry.</subsection></subsection><subsection number="53-29-207(3)(b)">An offender who files a petition with the court as described in Subsection <xref depth="4" refnumber="53-29-207(3)(a)">(3)(a)</xref> shall provide a copy of the petition to:<subsection number="53-29-207(3)(b)(i)">if the offender is required to register on the Sex, Kidnap, and Child Abuse Offender Registry for a conviction of an offense committed in this state, the office of the prosecutor that prosecuted the offender for the offense; or</subsection><subsection number="53-29-207(3)(b)(ii)">if the offender is required to register on the Sex, Kidnap, and Child Abuse Offender Registry for a conviction of an offense committed in another jurisdiction, the attorney general's office.</subsection></subsection></subsection><subsection number="53-29-207(4)"><subsection number="53-29-207(4)(a)">Subject to Subsections <xref depth="4" refnumber="53-29-207(4)(c)">(4)(c)</xref> and <xref depth="4" refnumber="53-29-207(d)">(d)</xref>, a prosecutor, upon receipt of a petition described in Subsection <xref tempid="274">(3)(b)(i)</xref>, shall provide notice of the petition by first-class mail to the victim at the most recent address of record on file or, if the victim is still a minor under 18 years old, to the most recent address of record on file for the victim's parent or guardian.</subsection><subsection number="53-29-207(4)(b)">Subject to Subsections <xref depth="4" refnumber="53-29-207(4)(c)">(4)(c)</xref> and <xref depth="4" refnumber="53-29-207(d)">(d)</xref>, the attorney general, upon receipt of a petition described in Subsection <xref depth="4" refnumber="53-29-207(3)(b)(ii)">(3)(b)(ii)</xref>, shall, if reasonably practicable, provide notice of the petition by first-class mail to the most recent address of record for the victim or, if the victim is still a minor under 18 years old, to the most recent address of record for the victim's parent or guardian.</subsection><subsection number="53-29-207(4)(c)">The notice described in Subsection <xref depth="4" refnumber="53-29-207(4)(a)">(4)(a)</xref> or <xref depth="4" refnumber="53-29-207(b)">(b)</xref> shall include:<subsection number="53-29-207(4)(c)(i)">a copy of the petition;</subsection><subsection number="53-29-207(4)(c)(ii)">an explanation that the victim has a right to object to the removal of the offender from the registry or make other recommendations to the court; and</subsection><subsection number="53-29-207(4)(c)(iii)">instructions for how the victim can file an objection or recommendation with the court.</subsection></subsection><subsection number="53-29-207(4)(d)">A prosecutor or the attorney general shall provide the following, if available, to the court within 30 days after the day on which the prosecutor or attorney general receives the petition:<subsection number="53-29-207(4)(d)(i)">the presentencing report created for the offender based on the registrable offense committed by the offender;</subsection><subsection number="53-29-207(4)(d)(ii)">any evaluation done as part of sentencing for the registrable offense; and</subsection><subsection number="53-29-207(4)(d)(iii)">other information the prosecutor determines the court should consider.</subsection></subsection></subsection><subsection number="53-29-207(5)">A victim, or the victim's parent or guardian if the victim is a minor under 18 years old, may respond to a petition described in Subsection <xref tempid="502" depth="4" refnumber="(3)">(3)</xref> by filing a recommendation or objection with the court within 45 days after the day on which the petition is mailed to the victim.</subsection><subsection number="53-29-207(6)"><subsection number="53-29-207(6)(a)">A court receiving a petition under this section shall:<subsection number="53-29-207(6)(a)(i)">review the petition and all documents submitted with the petition; and</subsection><subsection number="53-29-207(6)(a)(ii)">hold a hearing if requested by the prosecutor or the victim.</subsection></subsection><subsection number="53-29-207(6)(b)"><subsection number="53-29-207(6)(b)(i)">Except as provided in Subsection <xref depth="4" refnumber="53-29-207(6)(b)(ii)">(6)(b)(ii)</xref> or <xref depth="4" refnumber="53-29-207(iii)">(iii)</xref>, the court may grant the petition for removal and order the removal of the offender from the registry if the court determines that the offender has met the requirements for issuance of a certificate of eligibility for removal issued under Subsection <xref depth="4" refnumber="53-29-207(2)">(2)</xref> and removal is not contrary to the interests of the public.</subsection><subsection number="53-29-207(6)(b)(ii)">When considering a petition filed by an offender subject to a lifetime registration requirement and eligible for a 20-year petition for removal from the registry as described in Section <xref depth="3" refnumber="53-29-206">53-29-206</xref>, the court shall determine whether the offender has demonstrated, by clear and convincing evidence, that the offender is rehabilitated and does not pose a threat to the safety of the public.</subsection><subsection number="53-29-207(6)(b)(iii)">In making the determination described in Subsection <xref depth="4" refnumber="53-29-207(6)(b)(ii)">(6)(b)(ii)</xref>, the court may consider:<subsection number="53-29-207(6)(b)(iii)(A)">the nature and degree of violence involved in the registrable offense;</subsection><subsection number="53-29-207(6)(b)(iii)(B)">the age and number of victims of the registrable offense;</subsection><subsection number="53-29-207(6)(b)(iii)(C)">the age of the offender at the time the registrable offense was committed;</subsection><subsection number="53-29-207(6)(b)(iii)(D)">the offender's performance while on supervision for the registrable offense;</subsection><subsection number="53-29-207(6)(b)(iii)(E)">the offender's stability in employment and housing;</subsection><subsection number="53-29-207(6)(b)(iii)(F)">the offender's community and personal support system;</subsection><subsection number="53-29-207(6)(b)(iii)(G)">other criminal and relevant noncriminal behavior of the offender both before and after the offender committed the registrable offense;</subsection><subsection number="53-29-207(6)(b)(iii)(H)">if applicable, the level of risk posed by the offender as evidenced by the evidence-based risk assessment described in Subsection <xref depth="4" refnumber="53-29-206(1)(d)">53-29-206(1)(d)</xref>; and</subsection><subsection number="53-29-207(6)(b)(iii)(I)">any other relevant factors.</subsection></subsection></subsection><subsection number="53-29-207(6)(c)">In determining whether removal from the registry is contrary to the interests of the public, the court may not consider removal unless the offender has substantially complied with all registration requirements under this chapter at all times.</subsection><subsection number="53-29-207(6)(d)">If the court grants the petition, the court shall forward a copy of the order directing removal of the offender from the registry to the department and the office of the prosecutor.</subsection><subsection number="53-29-207(6)(e)"><subsection number="53-29-207(6)(e)(i)">Except as provided in Subsection <xref depth="4" refnumber="53-29-207(6)(e)(ii)">(6)(e)(ii)</xref>, if the court denies the petition, the offender may not submit another petition for three years after the day on which the court denied the petition.</subsection><subsection number="53-29-207(6)(e)(ii)">If the offender is an offender subject to a lifetime registration requirement and eligible for a 20-year petition for removal from the registry as described in Section <xref depth="3" refnumber="53-29-206">53-29-206</xref> and files a petition for removal that is denied by the court, the offender may not submit another petition for eight years after the day on which the court denied the petition.</subsection></subsection><subsection number="53-29-207(6)(f)">The court shall notify the victim and the registry office of the court's decision under this Subsection <xref tempid="313" depth="4" refnumber="(6)">(6)</xref> within three days after the day on which the court issues the court's decision.</subsection></subsection><subsection number="53-29-207(7)"><subsection number="53-29-207(7)(a)">An offender who intentionally or knowingly provides false or misleading information to the bureau when applying for a certificate of eligibility under this section is guilty of a class B misdemeanor and subject to prosecution under Section <xref depth="3" refnumber="76-8-504.6">76-8-504.6</xref>.</subsection><subsection number="53-29-207(7)(b)">The bureau may, even if the offender is not prosecuted for providing the false or misleading information, deny a certificate of eligibility to an offender who provides false or misleading information on an application.</subsection></subsection><subsection number="53-29-207(8)"><subsection number="53-29-207(8)(a)"><subsection number="53-29-207(8)(a)(i)">The bureau shall charge application and issuance fees for a certificate of eligibility for removal from the registry under this section in accordance with the process in Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref>.</subsection><subsection number="53-29-207(8)(a)(ii)">The application fee shall be paid at the time the offender submits an application to the bureau for a certificate of eligibility for removal from the registry.</subsection><subsection number="53-29-207(8)(a)(iii)">If the bureau determines that the issuance of a certificate of eligibility for removal from the registry is appropriate, the offender will be charged an additional fee for the issuance of the certificate.</subsection></subsection><subsection number="53-29-207(8)(b)">Funds generated under this Subsection <xref tempid="215" depth="4" refnumber="(8)">(8)</xref> shall be deposited into the General Fund as a dedicated credit by the department to cover the costs incurred in determining eligibility.</subsection></subsection></section></part><part number="53-29-3"><catchline>Offender, Court, and Law Enforcement Responsibilities</catchline><section number="53-29-301"><histories><history>Amended by Chapter <modchap sess="2026GS">331</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Definitions.</catchline>As used in this part:<subsection number="53-29-301(1)">"Business day" means a day on which state offices are open for regular business.</subsection><subsection number="53-29-301(2)">"Correctional facility" means:<subsection number="53-29-301(2)(a)">a county jail;</subsection><subsection number="53-29-301(2)(b)">a secure correctional facility as defined by Section <xref depth="3" refnumber="64-13-1">64-13-1</xref>; or</subsection><subsection number="53-29-301(2)(c)">a secure care facility as defined in Section <xref depth="3" refnumber="80-1-102">80-1-102</xref>.</subsection></subsection><subsection number="53-29-301(3)">"Secondary residence" means real property that an offender owns or has a financial interest in, or a residence where the offender stays overnight a total of 10 or more nights in a 12-month period when not staying at the offender's primary residence.</subsection></section><section number="53-29-302"><histories><history>Amended by Chapter <modchap sess="2026GS">291</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Law enforcement and agency responsibilities related to the registry.</catchline><subsection number="53-29-302(1)">As used in this section:<subsection number="53-29-302(1)(a)">"Dynamic factors" means an individual's individual characteristics, issues, resources, or circumstances that:<subsection number="53-29-302(1)(a)(i)">can change or be influenced; and</subsection><subsection number="53-29-302(1)(a)(ii)">affect the risk of:<subsection number="53-29-302(1)(a)(ii)(A)">recidivism; or</subsection><subsection number="53-29-302(1)(a)(ii)(B)">violating conditions of probation or parole.</subsection></subsection></subsection><subsection number="53-29-302(1)(b)">"Multi-domain assessment" means an evaluation process or tool that reports in quantitative and qualitative terms an offender's condition, stability, needs, resources, dynamic factors, and static factors that affect the offender's transition into the community and compliance with conditions of probation or parole.</subsection><subsection number="53-29-302(1)(c)">"Static factors" means an individual's individual characteristics, issues, resources, or circumstances that:<subsection number="53-29-302(1)(c)(i)">are unlikely to be changeable or influenced; and</subsection><subsection number="53-29-302(1)(c)(ii)">affect the risk of:<subsection number="53-29-302(1)(c)(ii)(A)">recidivism; or</subsection><subsection number="53-29-302(1)(c)(ii)(B)">violating conditions of probation or parole.</subsection></subsection></subsection></subsection><subsection number="53-29-302(2)">A law enforcement agency shall:<subsection number="53-29-302(2)(a)">in the manner prescribed by the department, inform the department of:<subsection number="53-29-302(2)(a)(i)">the receipt of a report or complaint of a registrable offense, within three business days after the day on which the law enforcement agency received the report or complaint; and</subsection><subsection number="53-29-302(2)(a)(ii)">the arrest of an individual suspected of a registrable offense, within five business days after the day on which the law enforcement agency arrested the individual;</subsection></subsection><subsection number="53-29-302(2)(b)">comply with Subsection <xref depth="4" refnumber="53-29-302(10)">(10)</xref>; and</subsection><subsection number="53-29-302(2)(c)">comply with the requirements described in Section <xref depth="3" refnumber="53-29-308">53-29-308</xref>.</subsection></subsection><subsection number="53-29-302(3)">The Department of Corrections shall:<subsection number="53-29-302(3)(a)">register an offender in the custody of the Department of Corrections with the department upon:<subsection number="53-29-302(3)(a)(i)">placement on probation;</subsection><subsection number="53-29-302(3)(a)(ii)">commitment to a secure correctional facility operated by or under contract with the Department of Corrections;</subsection><subsection number="53-29-302(3)(a)(iii)">release from confinement to parole status, termination or expiration of sentence, or escape;</subsection><subsection number="53-29-302(3)(a)(iv)">entrance to and release from any community-based residential program operated by or under contract with the Department of Corrections; or</subsection><subsection number="53-29-302(3)(a)(v)">termination of probation or parole; </subsection></subsection><subsection number="53-29-302(3)(b)"><subsection number="53-29-302(3)(b)(i)">for an offender convicted after May 7, 2025, of an offense committed in this state that requires the individual to register as a sex offender, conduct, if available, multi-domain assessments that are validated for the population and offense type of the offender to inform the treatment and supervision needs of the offender; and</subsection><subsection number="53-29-302(3)(b)(ii)">30 days after the day on which a calendar quarterly period ends, submit the results of any risk assessments completed under Subsection <xref depth="4" refnumber="53-29-302(3)(b)(i)">(3)(b)(i)</xref> during the preceding quarter to the Department of Criminal Justice;</subsection></subsection><subsection number="53-29-302(3)(c)">comply with Subsection <xref depth="4" refnumber="53-29-302(10)">(10)</xref>; and</subsection><subsection number="53-29-302(3)(d)">ensure the Division of Adult Probation and Parole created in Section <xref depth="3" refnumber="64-14-202">64-14-202</xref> complies with the requirements described in Sections <xref depth="3" refnumber="53-29-309">53-29-309</xref> and <xref depth="3" refnumber="64-14-203">64-14-203</xref>.</subsection></subsection><subsection number="53-29-302(4)">The sheriff of the county in which an offender is confined shall:<subsection number="53-29-302(4)(a)">register an offender with the department, as required under this chapter, if the offender is not in the custody of the Department of Corrections and is confined in a correctional facility not operated by or under contract with the Department of Corrections upon:<subsection number="53-29-302(4)(a)(i)">commitment to the correctional facility; and</subsection><subsection number="53-29-302(4)(a)(ii)">release from confinement;</subsection></subsection><subsection number="53-29-302(4)(b)">comply with Subsection <xref depth="4" refnumber="53-29-302(10)">(10)</xref>; and</subsection><subsection number="53-29-302(4)(c)">comply with the requirements described in Sections <xref depth="3" refnumber="17-72-301">17-72-301</xref> and <xref depth="3" refnumber="53-29-308">53-29-308</xref>.</subsection></subsection><subsection number="53-29-302(5)"><subsection number="53-29-302(5)(a)">Except as provided in Subsection (5)(b), if an offender is sent on an assignment outside a secure facility, including being assigned for firefighting or disaster control, the official who has physical custody of the offender shall, within a reasonable time after the day of the offender's removal from the secure facility, notify the local law enforcement agencies where the offender is assigned.</subsection><subsection number="53-29-302(5)(b)">Subsection (5)(a) does not apply to an offender temporarily released from a secure facility setting who is under the supervision of a correctional facility official.</subsection></subsection><subsection number="53-29-302(6)">The division shall:<subsection number="53-29-302(6)(a)">register an offender in the custody of the division with the department, as required under this chapter, before the offender's release from custody of the division; and</subsection><subsection number="53-29-302(6)(b)">comply with Subsection <xref depth="4" refnumber="53-29-302(10)">(10)</xref>.</subsection></subsection><subsection number="53-29-302(7)">A state mental hospital shall:<subsection number="53-29-302(7)(a)">register an offender committed to the state mental hospital with the department, as required under this chapter, upon the offender's admission and upon the offender's discharge; and</subsection><subsection number="53-29-302(7)(b)">comply with Subsection <xref depth="4" refnumber="53-29-302(10)">(10)</xref>.</subsection></subsection><subsection number="53-29-302(8)"><subsection number="53-29-302(8)(a)">A municipal or county law enforcement agency shall:<subsection number="53-29-302(8)(a)(i)">register an offender who resides within the agency's jurisdiction and is not under the supervision of the Division of Adult Probation and Parole within the Department of Corrections;</subsection><subsection number="53-29-302(8)(a)(ii)">comply with Subsection <xref depth="4" refnumber="53-29-302(10)">(10)</xref>; and</subsection><subsection number="53-29-302(8)(a)(iii)">comply with the requirements described in Section <xref depth="3" refnumber="53-29-308">53-29-308</xref>.</subsection></subsection><subsection number="53-29-302(8)(b)">A municipal or county law enforcement agency may conduct offender registration under this chapter, if the agency ensures that the agency's staff responsible for registration:<subsection number="53-29-302(8)(b)(i)">have received initial training by the department and have been certified by the department as qualified and authorized to conduct registrations and enter offender registration information into the registry database; and</subsection><subsection number="53-29-302(8)(b)(ii)">annually certifies with the department.</subsection></subsection></subsection><subsection number="53-29-302(9)">An agency in the state that registers with the department an offender on probation, an offender who has been released from confinement to parole status or termination, or an offender whose sentence has expired, shall inform the offender of the duty to comply with the continuing registration requirements of this chapter during the period of registration required in Section <xref depth="3" refnumber="53-29-203">53-29-203</xref>, including:<subsection number="53-29-302(9)(a)">notification to the state agencies in the states where the registrant presently resides and plans to reside when moving across state lines;</subsection><subsection number="53-29-302(9)(b)">verification of address at least every 60 days in accordance with a parole agreement for lifetime parolees; and</subsection><subsection number="53-29-302(9)(c)">notification to the out-of-state agency where the offender is living, regardless of whether the offender is a resident of that state.</subsection></subsection><subsection number="53-29-302(10)">If an entity that is required to register an offender under this section discovers that a sex offender does not have a residential address to provide under Subsection <xref depth="4" refnumber="53-29-304(4)(a)(ii)">53-29-304(4)(a)(ii)</xref>, the entity shall, within one business day after the day on which the entity discovers the information, coordinate with the department, in accordance with Section <xref depth="3" refnumber="53-29-406">53-29-406</xref>, to ensure that:<subsection number="53-29-302(10)(a)">the sex offender will begin to be monitored under the monitoring program described in Section <xref depth="3" refnumber="53-29-406">53-29-406</xref>; or</subsection><subsection number="53-29-302(10)(b)">the responsible entity under Section <xref depth="3" refnumber="53-29-406">53-29-406</xref> seeks an arrest warrant for the sex offender.</subsection></subsection></section><section number="53-29-303"><histories><history>Amended by Chapter <modchap sess="2026GS">331</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Court responsibilities related to the registry.</catchline><subsection number="53-29-303(1)">The court shall, after an offender is convicted of a registrable offense, within three business days after the day on which the conviction is entered, forward a signed copy of the judgment and sentence to the registry office.</subsection><subsection number="53-29-303(2)">Upon modifying, withdrawing, setting aside, vacating, or otherwise altering a conviction for a registrable offense, the court shall, within three business days, forward a signed copy of the order to the registry office.</subsection><subsection number="53-29-303(3)"><subsection number="53-29-303(3)(a)">An offender may change the offender's name in accordance with Title 42, Chapter 1, Change of Name, if the name change is not contrary to the interests of the public.</subsection><subsection number="53-29-303(3)(b)">Notwithstanding Section <xref depth="3" refnumber="42-1-2">42-1-2</xref>, an offender shall provide notice to the department at least 30 days before the day on which the hearing for the name change is held.</subsection><subsection number="53-29-303(3)(c)">The court shall provide a copy of the order granting the offender's name change to the department within 10 days after the day on which the court issues the order.</subsection><subsection number="53-29-303(3)(d)">If the court orders an offender's name to be changed, the department shall publish on the registration website the offender's former name and the offender's changed name as an alias.</subsection></subsection><subsection number="53-29-303(4)">Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, information under Subsection <xref depth="4" refnumber="53-29-303(2)">(2)</xref> that is collected and released under Subsection <xref depth="4" refnumber="53-29-404(3)(a)">53-29-404(3)(a)</xref> is public information, unless otherwise restricted under this chapter.</subsection><subsection number="53-29-303(5)">The department shall redact information regarding the identity or location of a victim from information provided under Subsection <xref tempid="284" depth="4" refnumber="(2)">(2)</xref>.</subsection><subsection number="53-29-303(6)">In accordance with Section <xref depth="3" refnumber="77-7-5">77-7-5</xref>, upon receipt of an affidavit seeking an arrest warrant described in Section <xref depth="3" refnumber="53-29-308">53-29-308</xref> or <xref depth="3" refnumber="53-29-309">53-29-309</xref> for a sex offender, the court shall, within a reasonable time, consider and, if the court determines that there is probable cause that the sex offender has committed the violation described in the affidavit seeking the arrest warrant, issue a warrant for the arrest of the sex offender.</subsection></section><section number="53-29-304"><histories><history>Amended by Chapter <modchap sess="2026GS">331</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Offender responsibilities related to the registry.</catchline><subsection number="53-29-304(1)">An offender shall:<subsection number="53-29-304(1)(a)">if the offender is on probation or parole under the supervision of the Department of Corrections, register in person with the Division of Adult Probation and Parole; or</subsection><subsection number="53-29-304(1)(b)">if the offender is not on probation or parole under the supervision of the Department of Corrections, register in person with the police department or sheriff's office that has jurisdiction over the area where the offender resides.</subsection></subsection><subsection number="53-29-304(2)">An offender registering under Subsection <xref refnumber="53-29-305(1)" depth="4">(1)</xref> shall register for the duration of the offender's applicable registration period described in Section <xref depth="3" refnumber="53-29-203">53-29-203</xref>:<subsection number="53-29-304(2)(a)">each year during the month of the offender's date of birth;</subsection><subsection number="53-29-304(2)(b)">during the month that is the sixth month after the offender's birth month; and</subsection><subsection number="53-29-304(2)(c)">within three business days after the day on which there is a change of the offender's primary residence, any secondary residences, place of employment, vehicle information, or educational information described in Subsection <xref refnumber="53-29-304(4)" depth="4">(4)</xref>.</subsection></subsection><subsection number="53-29-304(3)">An offender who enters this state from another jurisdiction is required to register with the department within 10 days after the day on which the offender enters the state, regardless of the offender's length of stay.</subsection><subsection number="53-29-304(4)"><subsection number="53-29-304(4)(a)">When registering under Subsection <xref refnumber="53-29-305(1)" depth="4">(1)</xref>, an offender shall provide the following information:<subsection number="53-29-304(4)(a)(i)">all names and aliases by which the offender is or has been known;</subsection><subsection number="53-29-304(4)(a)(ii)">except as provided in Subsection <xref depth="4" refnumber="53-29-304(4)(c)">(4)(c)</xref>, the addresses of the offender's primary and secondary residences;</subsection><subsection number="53-29-304(4)(a)(iii)">a physical description, including the offender's date of birth, height, weight, eye color, and hair color;</subsection><subsection number="53-29-304(4)(a)(iv)">the make, model, color, year, plate number, and vehicle identification number of a vehicle or vehicles the offender owns or drives more than 12 times per year;</subsection><subsection number="53-29-304(4)(a)(v)">a current photograph of the offender;</subsection><subsection number="53-29-304(4)(a)(vi)">a set of fingerprints, if a set has not already been provided;</subsection><subsection number="53-29-304(4)(a)(vii)">a DNA specimen, taken in accordance with Section <xref depth="3" refnumber="53-10-404">53-10-404</xref>, if a set has not already been provided;</subsection><subsection number="53-29-304(4)(a)(viii)">telephone numbers and any other designations used by the offender for routing or self-identification in telephonic communications from fixed locations or cellular telephones;</subsection><subsection number="53-29-304(4)(a)(ix)">online identifiers and the addresses the offender uses for routing or self-identification in Internet communications or postings;</subsection><subsection number="53-29-304(4)(a)(x)">the name and Internet address of all websites on which the offender is registered using an online identifier, including all online identifiers used to access those websites;</subsection><subsection number="53-29-304(4)(a)(xi)">a copy of the offender's passport, if a passport has been issued to the offender;</subsection><subsection number="53-29-304(4)(a)(xii)">if the offender is an alien, all documents establishing the offender's immigration status;</subsection><subsection number="53-29-304(4)(a)(xiii)">all professional licenses that authorize the offender to engage in an occupation or carry out a trade or business, including any identifiers, such as numbers;</subsection><subsection number="53-29-304(4)(a)(xiv)">each educational institution in Utah at which the offender is employed or is a student, and a change of enrollment or employment status of the offender at an educational institution;</subsection><subsection number="53-29-304(4)(a)(xv)">the name, the telephone number, and the address of a place where the offender is employed or will be employed;</subsection><subsection number="53-29-304(4)(a)(xvi)">the name, the telephone number, and the address of a place where the offender works as a volunteer or will work as a volunteer; and</subsection><subsection number="53-29-304(4)(a)(xvii)">the offender's social security number.</subsection></subsection><subsection number="53-29-304(4)(b)">The department shall redact information regarding the identity or location of a victim from information provided under Subsection <xref refnumber="53-29-305(4)(a)" depth="4">(4)(a)</xref>.</subsection><subsection number="53-29-304(4)(c)">If an offender is a sex offender and does not have a residential address to provide under Subsection <xref depth="4" refnumber="53-29-304(4)(a)(ii)">(4)(a)(ii)</xref>, the sex offender shall comply with the monitoring program described in Section <xref depth="3" refnumber="53-29-406">53-29-406</xref>.</subsection></subsection><subsection number="53-29-304(5)">Notwithstanding Subsections <xref depth="4" refnumber="53-29-304(4)(a)(ix)">(4)(a)(ix)</xref> and <xref depth="4" refnumber="53-29-304(x)">(x)</xref> and <xref depth="4" refnumber="53-29-404(7)">53-29-404(7)</xref>, an offender is not required to provide the department with:<subsection number="53-29-304(5)(a)">the offender's online identifier and password used exclusively for the offender's employment on equipment provided by an employer and used to access the employer's private network; or</subsection><subsection number="53-29-304(5)(b)">online identifiers for the offender's financial accounts, including a bank, retirement, or investment account.</subsection></subsection><subsection number="53-29-304(6)">Notwithstanding Title 77, Chapter 40a, Expungement of Criminal Records, an offender convicted of a registrable offense is required to register in accordance with this section unless the offender is removed from the registry under Section <xref depth="3" refnumber="53-29-207">53-29-207</xref>.</subsection><subsection number="53-29-304(7)">Except as provided in Subsection <xref depth="4" refnumber="53-29-404(7)">53-29-404(7)</xref>, in the case of an offender adjudicated in another jurisdiction as a juvenile and required to register under this chapter, the offender shall register in the time period and in the frequency consistent with the requirements of Subsection <xref depth="4" refnumber="53-29-304(3)">(3)</xref>.</subsection><subsection number="53-29-304(8)"><subsection number="53-29-304(8)(a)">An offender required to register on the registry shall, in the month of the offender's birth:<subsection number="53-29-304(8)(a)(i)">pay to the department each year the offender is subject to the registration requirements of this chapter:<subsection number="53-29-304(8)(a)(i)(A)">before July 1, 2026, an annual fee of $125; and</subsection><subsection number="53-29-304(8)(a)(i)(B)">on or after July 1, 2026, an annual fee determined by the department in accordance with the process in Section <xref depth="3" refnumber="63J-1-504">63J-1-504</xref>; and</subsection></subsection><subsection number="53-29-304(8)(a)(ii)">pay to the registering agency, if the registering agency is an agency other than the department, an annual fee of not more than $25, which may be assessed by that agency for providing registration.</subsection></subsection><subsection number="53-29-304(8)(b)">Notwithstanding Subsection <xref depth="4" refnumber="53-29-304(8)(a)">(8)(a)</xref>, an offender who is confined in a secure facility or in a state mental hospital is not required to pay the annual fee.</subsection><subsection number="53-29-304(8)(c)">The department shall deposit fees collected in accordance with this chapter into the General Fund as a dedicated credit, to be used by the department for maintaining the offender registry under this chapter and monitoring offender registration compliance, including the costs of:<subsection number="53-29-304(8)(c)(i)">data entry;</subsection><subsection number="53-29-304(8)(c)(ii)">processing registration packets;</subsection><subsection number="53-29-304(8)(c)(iii)">updating registry information; and</subsection><subsection number="53-29-304(8)(c)(iv)">reporting an offender not in compliance with registration requirements to a law enforcement agency.</subsection></subsection></subsection></section><section number="53-29-305"><histories><history>Amended by Chapter <modchap sess="2026GS">331</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Failing to register or providing false or incomplete information -- Failing to comply with monitoring program -- Penalties.</catchline><subsection number="53-29-305(1)">An offender who knowingly fails to register under this chapter, knowingly provides false or incomplete information, or knowingly fails to comply with the sex offender monitoring program described in Section <xref depth="3" refnumber="53-29-406">53-29-406</xref>, is guilty of:<subsection number="53-29-305(1)(a)">a third degree felony and shall be sentenced to serve a term of incarceration of not less than 30 days and also at least one year of probation if:<subsection number="53-29-305(1)(a)(i)">the offender is required to register for a registrable offense that is a felony or adjudicated delinquent for a registrable offense committed before May 3, 2023, that would be a felony if the juvenile were an adult; or</subsection><subsection number="53-29-305(1)(a)(ii)">the offender is required to register for the offender's lifetime as described in Subsection <xref depth="4" refnumber="53-29-203(1)(b)">53-29-203(1)(b)</xref>; or</subsection></subsection><subsection number="53-29-305(1)(b)">a class A misdemeanor and shall be sentenced to serve a term of incarceration of not less than 30 days and also at least one year of probation if the offender is required to register for a misdemeanor conviction that is a registrable offense or is adjudicated delinquent for a registrable offense committed before May 3, 2023, that would be a misdemeanor if the juvenile were an adult.</subsection></subsection><subsection number="53-29-305(2)"><subsection number="53-29-305(2)(a)">The court or Board of Pardons and Parole may not release an individual who violates this chapter from serving the term required under Subsection <xref depth="4" refnumber="53-29-305(1)">(1)</xref>.</subsection><subsection number="53-29-305(2)(b)">This Subsection <xref depth="4" refnumber="53-29-305(2)">(2)</xref> supersedes any other provision of the law contrary to this chapter.</subsection></subsection><subsection number="53-29-305(3)">The offender shall register for an additional year for every year in which the offender does not comply with the registration requirements of this chapter.</subsection></section><section number="53-29-306"><histories><history>Renumbered and Amended by Chapter <modchap sess="2025GS">291</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Sex offender restrictions.</catchline><subsection number="53-29-306(1)">As used in this section:<subsection number="53-29-306(1)(a)">"Condominium project" means the same as that term is defined in Section <xref depth="3" refnumber="57-8-3">57-8-3</xref>.</subsection><subsection number="53-29-306(1)(b)">"Minor" means an individual who is younger than 18 years old.</subsection><subsection number="53-29-306(1)(c)"><subsection number="53-29-306(1)(c)(i)">"Protected area" means the premises occupied by:<subsection number="53-29-306(1)(c)(i)(A)">a licensed day care or preschool facility;</subsection><subsection number="53-29-306(1)(c)(i)(B)">a public swimming pool or a swimming pool maintained, operated, or owned by a homeowners' association, condominium project, or apartment complex;</subsection><subsection number="53-29-306(1)(c)(i)(C)">a public or private primary or secondary school that is not on the grounds of a correctional facility;</subsection><subsection number="53-29-306(1)(c)(i)(D)">a community park that is open to the public or a park maintained, operated, or owned by a homeowners' association, condominium project, or apartment complex;</subsection><subsection number="53-29-306(1)(c)(i)(E)">a public playground or a playground maintained, operated, or owned by a homeowners' association, condominium project, or apartment complex, including those areas designed to provide minors with space, recreational equipment, or other amenities intended to allow minors to engage in physical activity; and</subsection><subsection number="53-29-306(1)(c)(i)(F)">except as provided in Subsection (1)(c)(ii), an area that is 1,000 feet or less from the residence of a victim of the sex offender if the sex offender is subject to a victim requested restriction.</subsection></subsection><subsection number="53-29-306(1)(c)(ii)">"Protected area" does not include:<subsection number="53-29-306(1)(c)(ii)(A)">the area described in Subsection (1)(c)(i)(F) if the victim is a member of the immediate family of the sex offender and the terms of the sex offender's agreement of probation or parole allow the sex offender to reside in the same residence as the victim;</subsection><subsection number="53-29-306(1)(c)(ii)(B)">a park, playground, or swimming pool located on the property of a residential home;</subsection><subsection number="53-29-306(1)(c)(ii)(C)">a park or swimming pool that prohibits minors at all times from using the park or swimming pool; or</subsection><subsection number="53-29-306(1)(c)(ii)(D)">a park or swimming pool maintained, operated, or owned by a homeowners' association, condominium project, or apartment complex established for residents 55 years old or older if no minors are present at the park or swimming pool at the time the sex offender is present at the park or swimming pool.</subsection></subsection></subsection></subsection><subsection number="53-29-306(2)">For purposes of Subsection (1)(c)(i)(F), a sex offender who has committed a registrable offense against an individual younger than 18 years old is subject to a victim requested restriction if:<subsection number="53-29-306(2)(a)">the sex offender is on probation or parole for an offense that requires the offender to register in accordance with this chapter;</subsection><subsection number="53-29-306(2)(b)">the victim or the victim's parent or guardian advises the department that the victim elects to restrict the sex offender from the area and authorizes the department to advise the sex offender of the area where the victim resides; and</subsection><subsection number="53-29-306(2)(c)">the department notifies the sex offender in writing that the sex offender is prohibited from being in the area described in Subsection (1)(c)(i)(F) and provides a description of the location of the protected area to the sex offender.</subsection></subsection><subsection number="53-29-306(3)">A sex offender who has committed a registrable offense against an individual younger than 18 years old may not:<subsection number="53-29-306(3)(a)">be in a protected area except:<subsection number="53-29-306(3)(a)(i)">when the sex offender must be in a protected area to perform the sex offender's parental responsibilities;</subsection><subsection number="53-29-306(3)(a)(ii)"><subsection number="53-29-306(3)(a)(ii)(A)">when the protected area is a public or private primary or secondary school; and</subsection><subsection number="53-29-306(3)(a)(ii)(B)">the school is open and being used for a public activity other than a school-related function that involves a minor; or</subsection></subsection><subsection number="53-29-306(3)(a)(iii)"><subsection number="53-29-306(3)(a)(iii)(A)">if the protected area is a licensed day care or preschool facility located within a building that is open to the public for purposes other than the operation of the day care or preschool facility; and</subsection><subsection number="53-29-306(3)(a)(iii)(B)">the sex offender does not enter a part of the building that is occupied by the day care or preschool facility; or</subsection></subsection></subsection><subsection number="53-29-306(3)(b)">serve as an athletic coach, manager, or trainer for a sports team of which a minor who is younger than 18 years old is a member.</subsection></subsection><subsection number="53-29-306(4)">A sex offender who violates this section is guilty of:<subsection number="53-29-306(4)(a)">a class A misdemeanor; or</subsection><subsection number="53-29-306(4)(b)">if previously convicted of violating this section within the last ten years, a third degree felony.</subsection></subsection></section><section number="53-29-307"><histories><history>Amended by Chapter <modchap sess="2026GS">155</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Sex offender in presence of a child -- Definitions -- Penalties.</catchline><subsection number="53-29-307(1)">As used in this section:<subsection number="53-29-307(1)(a)">"Accompany" means:<subsection number="53-29-307(1)(a)(i)">to be in the presence of an individual; and</subsection><subsection number="53-29-307(1)(a)(ii)">to move or travel with that individual from one location to another, whether outdoors, indoors, or in or on any type of vehicle.</subsection></subsection><subsection number="53-29-307(1)(b)">"Child" means an individual younger than 14 years old.</subsection></subsection><subsection number="53-29-307(2)">A sex offender subject to registration in accordance with this chapter, for a registrable offense committed or attempted to be committed against a child younger than 14 years old is guilty of a class A misdemeanor if the sex offender requests, invites, or solicits a child to accompany the sex offender, under circumstances that do not constitute an attempt to violate Section <xref depth="3" refnumber="76-5-301.1">76-5-301.1</xref>, child kidnapping, unless:<subsection number="53-29-307(2)(a)"><subsection number="53-29-307(2)(a)(i)">the sex offender, before accompanying the child:<subsection number="53-29-307(2)(a)(i)(A)">verbally advises the child's parent or legal guardian that the sex offender is on the state sex offender registry and is required by state law to obtain written permission in order for the sex offender to accompany the child; and</subsection><subsection number="53-29-307(2)(a)(i)(B)">requests that the child's parent or legal guardian provide written authorization for the sex offender to accompany the child, including the specific dates and locations;</subsection></subsection><subsection number="53-29-307(2)(a)(ii)">the child's parent or legal guardian has provided to the sex offender written authorization, including the specific dates and locations, for the sex offender to accompany the child; and</subsection><subsection number="53-29-307(2)(a)(iii)">the sex offender has possession of the written authorization and is accompanying the child only at the dates and locations specified in the authorization;</subsection></subsection><subsection number="53-29-307(2)(b)">the child's parent or guardian has verbally authorized the sex offender to accompany the child either in the child's residence or on property appurtenant to the child's residence, but in no other locations; or</subsection><subsection number="53-29-307(2)(c)">the child is the child of the sex offender, and the offender is not prohibited by any court order, or probation or parole provision, from contact with the child.</subsection></subsection><subsection number="53-29-307(3)"><subsection number="53-29-307(3)(a)">A sex offender convicted of a violation of Subsection <xref depth="4" refnumber="53-29-307(2)">(2)</xref> is subject to registration in accordance with this chapter, for an additional five years after the required registration described in Section <xref depth="3" refnumber="53-29-203">53-29-203</xref>.</subsection><subsection number="53-29-307(3)(b)">The period of additional registration imposed under Subsection <xref depth="4" refnumber="53-29-307(3)(a)">(3)(a)</xref> is also in addition to any period of registration imposed under Subsection <xref depth="4" refnumber="53-29-305(3)">53-29-305(3)</xref> for failure to comply with registration requirements.</subsection></subsection><subsection number="53-29-307(4)">It is not a defense to a prosecution under this section that the defendant mistakenly believed the individual to be 14 years old or older at the time of the offense or was unaware of the individual's true age.</subsection><subsection number="53-29-307(5)">This section does not apply if a sex offender is acting to rescue a child who is in an emergency and life-threatening situation.</subsection></section><section number="53-29-308"><histories><history>Enacted by Chapter <modchap sess="2026GS">331</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Local law enforcement agency responsibilities for sex offender registrant monitoring and arrest.</catchline><subsection number="53-29-308(1)">As used in this section:<subsection number="53-29-308(1)(a)">"Law enforcement interlocal entity" means an interlocal entity under Title 11, Chapter 13, Interlocal Cooperation Act, that provides law enforcement services.</subsection><subsection number="53-29-308(1)(b)">"Law enforcement special district" means a district that provides law enforcement services under:<subsection number="53-29-308(1)(b)(i)">Title 17B, Limited Purpose Local Government Entities - Special Districts; or</subsection><subsection number="53-29-308(1)(b)(ii)">Title 17D, Chapter 1, Special Service District Act.</subsection></subsection><subsection number="53-29-308(1)(c)">"Monitoring program" means the same as the term "program" is defined in Section <xref depth="3" refnumber="53-29-406">53-29-406</xref>.</subsection><subsection number="53-29-308(1)(d)">"Municipal law enforcement agency" means a law enforcement agency that is operated by:<subsection number="53-29-308(1)(d)(i)">a municipality;</subsection><subsection number="53-29-308(1)(d)(ii)">a law enforcement interlocal entity; or</subsection><subsection number="53-29-308(1)(d)(iii)">a law enforcement special district.</subsection></subsection><subsection number="53-29-308(1)(e)">"Municipality" means the same as that term is defined in Section <xref depth="3" refnumber="10-1-104">10-1-104</xref>.</subsection></subsection><subsection number="53-29-308(2)">Except as provided in Subsection <xref depth="4" refnumber="53-29-308(3)">(3)</xref>, a sheriff shall accept and begin monitoring program oversight responsibility for a sex offender who is on the monitoring program if the sheriff receives notice from:<subsection number="53-29-308(2)(a)">the department under Section <xref depth="3" refnumber="53-29-406">53-29-406</xref>; or</subsection><subsection number="53-29-308(2)(b)">a sheriff of a different county, or a municipal law enforcement agency, that is transferring monitoring program oversight responsibility for a sex offender based on the sex offender's change in jurisdiction as described in Subsection <xref depth="4" refnumber="53-29-308(7)">(7)</xref>.</subsection></subsection><subsection number="53-29-308(3)"><subsection number="53-29-308(3)(a)">A municipal law enforcement agency shall accept and begin monitoring program oversight responsibility as described in Subsection <xref depth="4" refnumber="53-29-308(3)(b)">(3)(b)</xref> if the municipal law enforcement agency has accepted responsibility for the monitoring program for sex offenders in the municipal law enforcement agency's jurisdiction under a written agreement with the sheriff of the county in which the municipal law enforcement agency is located.</subsection><subsection number="53-29-308(3)(b)">A municipal law enforcement agency described in Subsection <xref depth="4" refnumber="53-29-308(3)(a)">(3)(a)</xref> shall accept and begin monitoring program oversight responsibility for a sex offender who is on the monitoring program if the municipal law enforcement agency receives notice from:<subsection number="53-29-308(3)(b)(i)">the department under Section <xref depth="3" refnumber="53-29-406">53-29-406</xref>; or</subsection><subsection number="53-29-308(3)(b)(ii)">a sheriff or another municipal law enforcement agency that is transferring monitoring program oversight responsibility for a sex offender based on the sex offender's change in jurisdiction as described in Subsection <xref depth="4" refnumber="53-29-308(7)">(7)</xref>.</subsection></subsection></subsection><subsection number="53-29-308(4)">A sheriff or a municipal law enforcement agency described in Subsection <xref depth="4" refnumber="53-29-308(3)">(3)</xref> that has monitoring program oversight responsibility for a sex offender under Subsection <xref depth="4" refnumber="53-29-308(2)">(2)</xref> or <xref depth="4" refnumber="53-29-308(3)">(3)</xref> shall:<subsection number="53-29-308(4)(a)">monitor the sex offender as required by the department;</subsection><subsection number="53-29-308(4)(b)">if the sex offender leaves the sheriff's or municipal law enforcement agency's area of jurisdiction as described in Subsection <xref depth="4" refnumber="53-29-308(7)">(7)</xref>, notify:<subsection number="53-29-308(4)(b)(i)">the department; and</subsection><subsection number="53-29-308(4)(b)(ii)">the sheriff or the municipal law enforcement agency described in Subsection <xref depth="4" refnumber="53-29-308(3)">(3)</xref> that has jurisdiction over the sex offender's current or last known location;</subsection></subsection><subsection number="53-29-308(4)(c)">follow the procedures described in Subsection <xref depth="4" refnumber="53-29-308(5)">(5)</xref>; and</subsection><subsection number="53-29-308(4)(d)">comply with other procedures established by the department.</subsection></subsection><subsection number="53-29-308(5)">A sheriff or a municipal law enforcement agency described in Subsection <xref depth="4" refnumber="53-29-308(3)">(3)</xref> shall comply with the requirements established by the department in Subsection <xref depth="4" refnumber="53-29-406(6)">53-29-406(6)</xref>, including:<subsection number="53-29-308(5)(a)">submitting an affidavit requesting an arrest warrant in accordance with Section <xref depth="3" refnumber="77-7-5">77-7-5</xref>; and</subsection><subsection number="53-29-308(5)(b)">in coordination with other state and local law enforcement agencies, attempting to locate and arrest the sex offender who is the subject of the warrant described in Subsection <xref depth="4" refnumber="53-29-308(5)(a)">(5)(a)</xref>.</subsection></subsection><subsection number="53-29-308(6)">A civilian employee of a sheriff or a municipal law enforcement agency may conduct the monitoring required by this section.</subsection><subsection number="53-29-308(7)">Unless the department specifies a different time frame by rule, a sex offender is considered to have transferred jurisdictions for purposes of the monitoring program after spending seven consecutive days in a different jurisdiction.</subsection></section><section number="53-29-309"><histories><history>Enacted by Chapter <modchap sess="2026GS">331</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Division of Adult Probation and Parole responsibilities for sex offender registrant monitoring and arrest.</catchline><subsection number="53-29-309(1)">As used in this section:<subsection number="53-29-309(1)(a)">"Division" means the Division of Adult Probation and Parole created in Section <xref depth="3" refnumber="64-14-202">64-14-202</xref>.</subsection><subsection number="53-29-309(1)(b)">"Monitoring program" means the same as the term "program" is defined in Section <xref depth="3" refnumber="53-29-406">53-29-406</xref>.</subsection></subsection><subsection number="53-29-309(2)">The division shall accept and begin monitoring program oversight responsibility for an offender who is a sex offender on the monitoring program if the division receives notice from:<subsection number="53-29-309(2)(a)">the department under Section <xref depth="3" refnumber="53-29-406">53-29-406</xref>; or</subsection><subsection number="53-29-309(2)(b)">another entity in accordance with monitoring program procedures established by the department.</subsection></subsection><subsection number="53-29-309(3)">For a sex offender described in Subsection <xref depth="4" refnumber="53-29-309(2)">(2)</xref>, the division shall:<subsection number="53-29-309(3)(a)">monitor the sex offender as required by the department; and</subsection><subsection number="53-29-309(3)(b)">comply with other procedures established by the department.</subsection></subsection><subsection number="53-29-309(4)">The division shall comply with the requirements established by the department in Subsection <xref depth="4" refnumber="53-29-406(6)">53-29-406(6)</xref>, including:<subsection number="53-29-309(4)(a)">submitting an affidavit requesting an arrest warrant in accordance with Section <xref depth="3" refnumber="77-7-5">77-7-5</xref>; and</subsection><subsection number="53-29-309(4)(b)">in coordination with other state and local law enforcement agencies, attempting to locate and arrest the sex offender who is the subject of the warrant described in Subsection <xref depth="4" refnumber="53-29-309(4)(a)">(4)(a)</xref>.</subsection></subsection></section></part><part number="53-29-4"><catchline>Department Functions Related to the Registry</catchline><section number="53-29-401"><histories><history>Enacted by Chapter <modchap sess="2025GS">291</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Definitions.</catchline>Reserved.</section><section number="53-29-402"><histories><history>Amended by Chapter <modchap sess="2026GS">331</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Department responsibilities related to the registry.</catchline><subsection number="53-29-402(1)">The department shall:<subsection number="53-29-402(1)(a)">maintain the registration website;</subsection><subsection number="53-29-402(1)(b)">establish and maintain the monitoring program described in Section <xref depth="3" refnumber="53-29-406">53-29-406</xref>;</subsection><subsection number="53-29-402(1)(c)">develop and provide an online training program for an individual who, as part of the individual's regular job responsibilities:<subsection number="53-29-402(1)(c)(i)">registers sex offenders;</subsection><subsection number="53-29-402(1)(c)(ii)">provides probation or parole supervision of sex offenders; or</subsection><subsection number="53-29-402(1)(c)(iii)">investigates sex offender compliance with existing laws and requirements;</subsection></subsection><subsection number="53-29-402(1)(d)">ensure that the registration information collected regarding an offender's enrollment or employment at an educational institution is:<subsection number="53-29-402(1)(d)(i)"><subsection number="53-29-402(1)(d)(i)(A)">promptly made available to any law enforcement agency that has jurisdiction where the institution is located if the educational institution is an institution of higher education; or</subsection><subsection number="53-29-402(1)(d)(i)(B)">promptly made available to the district superintendent of the school district where the offender is employed if the educational institution is an institution of primary education; and</subsection></subsection><subsection number="53-29-402(1)(d)(ii)">entered into the appropriate state records or data system; and</subsection></subsection><subsection number="53-29-402(1)(e)">make available to an offender the name of the local law enforcement agency or state agency that the offender should contact to register, the location for registering, and the requirements of registration.</subsection></subsection><subsection number="53-29-402(2)"><subsection number="53-29-402(2)(a)">When the department receives offender registration information regarding a change of an offender's primary residence, the department shall, within five days after the day on which the department receives the information, electronically notify the law enforcement agencies that have jurisdiction over the area where:<subsection number="53-29-402(2)(a)(i)">the residence that the offender is leaving is located; and</subsection><subsection number="53-29-402(2)(a)(ii)">the residence to which the offender is moving is located.</subsection></subsection><subsection number="53-29-402(2)(b)">The department shall provide notification under Subsection <xref refnumber="53-29-402(2)(a)" depth="4">(2)(a)</xref> if the offender's change of address is:<subsection number="53-29-402(2)(b)(i)">between law enforcement agency jurisdictions; or</subsection><subsection number="53-29-402(2)(b)(ii)">within one law enforcement agency jurisdiction.</subsection></subsection></subsection><subsection number="53-29-402(3)">The department may make administrative rules necessary to implement this chapter, including:<subsection number="53-29-402(3)(a)">the method for dissemination of the information; and</subsection><subsection number="53-29-402(3)(b)">instructions to the public regarding the use of the information.</subsection></subsection></section><section number="53-29-403"><histories><history>Enacted by Chapter <modchap sess="2025GS">291</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Intervention in legal action by the department.</catchline><subsection number="53-29-403(1)">Subject to Subsection (2), the department may intervene in any matter, including a criminal action, where the matter purports to affect an individual's registration requirements under this chapter.</subsection><subsection number="53-29-403(2)">The department may only file a motion to intervene under Subsection (1) within 60 days after the day on which:<subsection number="53-29-403(2)(a)">the sentencing court enters a judgment or sentence against an individual for a registrable offense, if the details of the written plea agreement, judgment, or sentence indicate that the individual's registration requirements under this chapter could be affected; or</subsection><subsection number="53-29-403(2)(b)">a court modifies, withdraws, sets aside, vacates, or otherwise alters an individual's conviction for a registrable offense, affecting the individual's registration requirement under this chapter if the written plea agreement, judgment, or sentence entered at the time the individual was sentenced did not indicate that the individual's registration requirement could be affected.</subsection></subsection></section><section number="53-29-404"><histories><history>Enacted by Chapter <modchap sess="2025GS">291</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Sex, Kidnap, and Child Abuse Offender Notification and Registration website.</catchline><subsection number="53-29-404(1)">The department shall maintain a Sex, Kidnap, and Child Abuse Offender Notification and Registration website on the Internet available to the public.</subsection><subsection number="53-29-404(2)">The registration website shall be indexed by both the surname of the offender and by postal codes.</subsection><subsection number="53-29-404(3)"><subsection number="53-29-404(3)(a)">Except as provided in Subsection <xref tempid="965" depth="4" refnumber="(3)(b)">(3)(b)</xref>, the registration website shall include the following information:<subsection number="53-29-404(3)(a)(i)">all names and aliases by which the offender is or has been known, but not including any online identifiers;</subsection><subsection number="53-29-404(3)(a)(ii)">the addresses of the offender's primary, secondary, and temporary residences;</subsection><subsection number="53-29-404(3)(a)(iii)">a physical description, including the offender's date of birth, height, weight, eye color, and hair color;</subsection><subsection number="53-29-404(3)(a)(iv)">the make, model, color, year, and plate number of any vehicle or vehicles the offender owns or regularly drives;</subsection><subsection number="53-29-404(3)(a)(v)">a current photograph of the offender;</subsection><subsection number="53-29-404(3)(a)(vi)">a list of all professional licenses that authorize the offender to engage in an occupation or carry out a trade or business;</subsection><subsection number="53-29-404(3)(a)(vii)">each educational institution in Utah at which the offender is employed or is a student;</subsection><subsection number="53-29-404(3)(a)(viii)">a list of places where the offender works as a volunteer;</subsection><subsection number="53-29-404(3)(a)(ix)">any registrable offenses for which the offender has been convicted or adjudicated; and</subsection><subsection number="53-29-404(3)(a)(x)">other relevant identifying information of the offender as determined by the department.</subsection></subsection><subsection number="53-29-404(3)(b)">The department shall redact any information the department receives under Subsection <xref tempid="530" depth="4" refnumber="(3)(a)">(3)(a)</xref> that, if disclosed, could reasonably identify a victim.</subsection></subsection><subsection number="53-29-404(4)"><subsection number="53-29-404(4)(a)">The department shall enable the public to search the registration website to determine if the following search criteria are linked to an offender:<subsection number="53-29-404(4)(a)(i)">telephone numbers or other designations for an offender provided under Subsection <xref tempid="666" depth="4" refnumber="53-29-304(4)(a)(vii)">53-29-304(4)(a)(vii)</xref>;</subsection><subsection number="53-29-404(4)(a)(ii)">online identifiers or other addresses for an offender provided under Subsection <xref depth="4" refnumber="53-29-304(4)(a)(ix)">53-29-304(4)(a)(ix)</xref>; and</subsection><subsection number="53-29-404(4)(a)(iii)">names and Internet addresses of websites on which an offender is registered using an online identifier, including the online identifier used to access the website.</subsection></subsection><subsection number="53-29-404(4)(b)">The department shall ensure that a search performed using the criteria in Subsection (4)(a):<subsection number="53-29-404(4)(b)(i)">provides the individual requesting the search with only information regarding whether the criteria are linked to an offender; and</subsection><subsection number="53-29-404(4)(b)(ii)">does not return the name or any other identifying information about an offender.</subsection></subsection><subsection number="53-29-404(4)(c)">The department is not required to:<subsection number="53-29-404(4)(c)(i)">report the results of the search under Subsection (4)(a) to a law enforcement agency; or</subsection><subsection number="53-29-404(4)(c)(ii)">based on the results of a search under Subsection (4)(a), open an investigation.</subsection></subsection></subsection><subsection number="53-29-404(5)"><subsection number="53-29-404(5)(a)">Subject to Subsection <xref tempid="635" depth="4" refnumber="(5)(b)">(5)(b)</xref>, the department shall place a disclaimer on the registration website informing the public that:<subsection number="53-29-404(5)(a)(i)">the information contained on the site is obtained from offenders and the department does not guarantee the information's accuracy or completeness;</subsection><subsection number="53-29-404(5)(a)(ii)">members of the public are not allowed to use the information to harass or threaten an offender or a member of an offender's family; and</subsection><subsection number="53-29-404(5)(a)(iii)">harassment, stalking, or threats against an offender or an offender's family are prohibited and may violate Utah criminal laws.</subsection></subsection><subsection number="53-29-404(5)(b)">Before a user may access the registry website, the department shall require the user to indicate that the user has read the disclaimer, understands the disclaimer, and agrees to comply with the disclaimer's terms.</subsection></subsection><subsection number="53-29-404(6)"><subsection number="53-29-404(6)(a)">If an offender was under 18 years old at the time of committing a registrable offense described in Subsection <xref refnumber="53-29-202(1)(a)" depth="4">53-29-202(1)(a)</xref>, (c), or (f), and as a result is required to register on the registry, the department shall maintain, but not publish, the offender's information on the registration website.</subsection><subsection number="53-29-404(6)(b)"><subsection number="53-29-404(6)(b)(i)">If, based on the information provided to the department by the sentencing court, prosecuting entity, offender, or offender's counsel, the department cannot determine whether the offender is eligible for an exemption to publication on the registration website as described in Subsection (6)(a), the department shall continue to publish the offender's information on the registration website.</subsection><subsection number="53-29-404(6)(b)(ii)">Information may be provided to the department at any time in order to clarify the offender's age at the time the offender committed the registrable offense.</subsection><subsection number="53-29-404(6)(b)(iii)">This section does not prohibit the department from seeking or receiving information from individuals or entities other than those identified in Subsection <xref tempid="449" depth="4" refnumber="(6)(b)(i)">(6)(b)(i)</xref>.</subsection></subsection><subsection number="53-29-404(6)(c)">This Subsection <xref tempid="158" depth="4" refnumber="(6)">(6)</xref>:<subsection number="53-29-404(6)(c)(i)">applies to an offender with a registration requirement on or after May 3, 2023, regardless of when the offender was first required to register; and</subsection><subsection number="53-29-404(6)(c)(ii)">does not apply to an offender who is required to register for the offender's lifetime due to the offender being convicted of two or more registrable offenses or being convicted of one registrable offense and, at the time of the conviction for the registrable offense, being previously required to register as an offender for an offense committed as a juvenile as described in Subsection <xref depth="4" refnumber="53-29-203(1)(b)">53-29-203(1)(b)</xref>.</subsection></subsection></subsection><subsection number="53-29-404(7)">In the case of an offender adjudicated in an external jurisdiction as a juvenile and required to register under this chapter the department shall maintain, but not publish, the offender's information on the registration website if the external jurisdiction where the juvenile offender was adjudicated does not publish the juvenile offender's information on a public website.</subsection><subsection number="53-29-404(8)">Any information in the department's possession not listed in Subsection <xref tempid="304" depth="4" refnumber="(3)(a)">(3)(a)</xref> that is not available to the public shall be shared:<subsection number="53-29-404(8)(a)">for a purpose under this chapter; or</subsection><subsection number="53-29-404(8)(b)">in accordance with Section <xref depth="3" refnumber="63G-2-206">63G-2-206</xref>.</subsection></subsection></section><section number="53-29-405"><histories><history>Amended by Chapter <modchap sess="2026GS">155</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Removal for offenses or convictions for which registration is no longer required.</catchline><subsection number="53-29-405(1)">The department shall automatically remove an individual who is currently on the registry if:<subsection number="53-29-405(1)(a)">the only offense or offenses for which the individual is on the registry are listed in Subsection <xref depth="4" refnumber="53-29-405(2)">(2)</xref>; or</subsection><subsection number="53-29-405(1)(b)">the department receives a formal notification or order from the court or the Board of Pardons and Parole that the conviction for the registrable offense for which the individual is on the registry has been reversed, vacated, or pardoned.</subsection></subsection><subsection number="53-29-405(2)">The offenses described in Subsection <xref depth="4" refnumber="53-29-405(1)(a)">(1)(a)</xref> are:<subsection number="53-29-405(2)(a)">a class B or class C misdemeanor for enticing a minor under Section <xref depth="3" refnumber="76-5-417">76-5-417</xref>;</subsection><subsection number="53-29-405(2)(b)">kidnapping under Subsection <xref depth="4" refnumber="76-5-301(2)(a)">76-5-301(2)(a)</xref> or (b);</subsection><subsection number="53-29-405(2)(c)">child kidnapping under Section <xref depth="3" refnumber="76-5-301.1">76-5-301.1</xref>, if the offender was the parent of the child victim;</subsection><subsection number="53-29-405(2)(d)">unlawful detention under Section <xref depth="3" refnumber="76-5-304">76-5-304</xref>;</subsection><subsection number="53-29-405(2)(e)">a third degree felony for unlawful sexual intercourse before 1986, or a class B misdemeanor for unlawful sexual intercourse, under Section <xref depth="3" refnumber="76-5-401">76-5-401</xref>; or</subsection><subsection number="53-29-405(2)(f)">sodomy, but not forcible sodomy, under Section <xref depth="3" refnumber="76-5-403">76-5-403</xref>.</subsection></subsection><subsection number="53-29-405(3)">The department shall notify an individual who has been removed from the registry in accordance with Subsection <xref depth="4" refnumber="53-29-405(1)">(1)</xref> and inform the individual in the notice that the individual is no longer required to register as an offender.</subsection><subsection number="53-29-405(4)">An individual who is currently on the registry may submit a request to the department to be removed from the registry if the individual believes that the individual qualifies for removal under Subsection <xref refnumber="53-29-405(1)" depth="4">(1)</xref>.</subsection><subsection number="53-29-405(5)">The department, upon receipt of a request for removal from the registry in accordance with this section, shall:<subsection number="53-29-405(5)(a)">check the registry for the individual's current status;</subsection><subsection number="53-29-405(5)(b)">determine whether the individual qualifies for removal based upon this section; and</subsection><subsection number="53-29-405(5)(c)">notify the individual in writing of the department's determination and whether the individual:<subsection number="53-29-405(5)(c)(i)">qualifies for removal from the registry; or</subsection><subsection number="53-29-405(5)(c)(ii)">does not qualify for removal.</subsection></subsection></subsection><subsection number="53-29-405(6)">If the department determines that the individual qualifies for removal from the registry, the department shall remove the offender from the registry.</subsection><subsection number="53-29-405(7)"><subsection number="53-29-405(7)(a)">If the department determines that the individual does not qualify for removal from the registry, the department shall provide an explanation in writing for the department's determination.</subsection><subsection number="53-29-405(7)(b)">The department's determination under Subsection <xref refnumber="53-29-405(7)(a)" depth="4">(7)(a)</xref> is final and not subject to administrative review.</subsection></subsection><subsection number="53-29-405(8)">The department or an employee of the department is not civilly liable for a determination made in good faith in accordance with this section.</subsection><subsection number="53-29-405(9)"><subsection number="53-29-405(9)(a)">The department shall provide a response to a request for removal within 30 days after the day on which the department receives the request.</subsection><subsection number="53-29-405(9)(b)">If the response under Subsection <xref depth="4" refnumber="53-29-405(9)(a)">(9)(a)</xref> cannot be provided within 30 days after the day on which the department receives the request, the department shall notify the individual that the response may be delayed up to 30 additional days.</subsection></subsection></section><section number="53-29-406"><histories><history>Enacted by Chapter <modchap sess="2026GS">331</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Monitoring program for sex offenders -- Arrest warrant procedures.</catchline><subsection number="53-29-406(1)">As used in this section:<subsection number="53-29-406(1)(a)">"Division" means the Division of Adult Probation and Parole created in Section <xref depth="3" refnumber="64-14-202">64-14-202</xref>.</subsection><subsection number="53-29-406(1)(b)">"Monitoring" means time-correlated tracking of the geographic location of a monitored individual using GPS-based satellite or other location technology.</subsection><subsection number="53-29-406(1)(c)">"Program" means the monitoring program created under this section.</subsection></subsection><subsection number="53-29-406(2)"><subsection number="53-29-406(2)(a)">To deter recidivism and protect the community, the department shall establish a program for the monitoring of sex offenders who are unable to provide the required residence information under Subsection <xref depth="4" refnumber="53-29-304(4)(a)(ii)">53-29-304(4)(a)(ii)</xref>.</subsection><subsection number="53-29-406(2)(b)">The program described in Subsection <xref depth="4" refnumber="53-29-406(2)(a)">(2)(a)</xref> shall apply to a sex offender if the sex offender's registrable offense is committed on or after July 1, 2026.</subsection></subsection><subsection number="53-29-406(3)">The program shall include:<subsection number="53-29-406(3)(a)">a requirement that the monitoring of a sex offender under the program begin within one business day after the day on which a law enforcement officer, a probation or parole officer, the department, or an entity described in Section <xref depth="3" refnumber="53-29-302">53-29-302</xref>, discovers that the sex offender is unable to provide the required residence information under Subsection <xref depth="4" refnumber="53-29-304(4)(a)(ii)">53-29-304(4)(a)(ii)</xref>;</subsection><subsection number="53-29-406(3)(b)">a procedure for the department to send notification of program oversight responsibility for a sex offender who is required to be monitored under the program to:<subsection number="53-29-406(3)(b)(i)">if the sex offender is currently on probation or parole, the division, in accordance with Sections <xref depth="3" refnumber="53-29-309">53-29-309</xref> and <xref depth="3" refnumber="64-14-203">64-14-203</xref>; or</subsection><subsection number="53-29-406(3)(b)(ii)">if the sex offender is no longer on probation or parole, the law enforcement agency with jurisdiction over the sex offender's current or last known location, as determined under Section <xref depth="3" refnumber="53-29-308">53-29-308</xref>;</subsection></subsection><subsection number="53-29-406(3)(c)">except as provided in Subsection <xref depth="4" refnumber="53-29-406(4)">(4)</xref>, a requirement that a sex offender is responsible for paying all or part of the cost incurred by the sex offender's participation in the program;</subsection><subsection number="53-29-406(3)(d)">a process for a sex offender who is in the program to request a redetermination by the department as to whether the sex offender is required to continue in the program;</subsection><subsection number="53-29-406(3)(e)">a requirement that the location of a sex offender under the program may only be tracked as often as once per 12-hour period;</subsection><subsection number="53-29-406(3)(f)">where possible, the use of monitoring systems and technology that have minimal charging, battery, or maintenance requirements; and</subsection><subsection number="53-29-406(3)(g)">a procedure for obtaining an arrest warrant for, and locating, a sex offender who:<subsection number="53-29-406(3)(g)(i)">does not provide the required residence information under Subsection <xref depth="4" refnumber="53-29-304(4)(a)(ii)">53-29-304(4)(a)(ii)</xref>; and</subsection><subsection number="53-29-406(3)(g)(ii)">fails to comply with the program.</subsection></subsection></subsection><subsection number="53-29-406(4)">A sex offender is not required to pay the cost described in Subsection <xref depth="4" refnumber="53-29-406(3)(c)">(3)(c)</xref> if the sex offender demonstrates to the department that the sex offender does not have the ability to pay.</subsection><subsection number="53-29-406(5)">A sex offender required to be monitored under this section who knowingly fails to comply with the program is guilty of a violation of Section <xref depth="3" refnumber="53-29-305">53-29-305</xref>.</subsection><subsection number="53-29-406(6)"><subsection number="53-29-406(6)(a)">The procedure described in Subsection <xref depth="4" refnumber="53-29-406(3)(g)">(3)(g)</xref> shall require the department, upon learning of a sex offender described in Subsection <xref depth="4" refnumber="53-29-406(3)(g)">(3)(g)</xref>, to notify, as soon as practicable:<subsection number="53-29-406(6)(a)(i)">if the sex offender is currently on probation or parole, the division, in accordance with Sections <xref depth="3" refnumber="53-29-309">53-29-309</xref> and <xref depth="3" refnumber="64-14-203">64-14-203</xref>; or</subsection><subsection number="53-29-406(6)(a)(ii)">if the sex offender is no longer on probation or parole, the law enforcement agency with jurisdiction over the sex offender's current or last known location, as determined under Section <xref depth="3" refnumber="53-29-308">53-29-308</xref>.</subsection></subsection><subsection number="53-29-406(6)(b)">After receiving a notification from the department under Subsection <xref depth="4" refnumber="53-29-406(6)(a)">(6)(a)</xref>, the division or the law enforcement agency with jurisdiction under Section <xref depth="3" refnumber="53-29-308">53-29-308</xref>, as applicable, shall:<subsection number="53-29-406(6)(b)(i)">submit an affidavit requesting an arrest warrant for the sex offender in accordance with Section <xref depth="3" refnumber="77-7-5">77-7-5</xref>; and</subsection><subsection number="53-29-406(6)(b)(ii)">in coordination with other state and local law enforcement agencies, attempt to locate and arrest the sex offender who is the subject of the warrant described in Subsection <xref depth="4" refnumber="53-29-406(6)(b)(i)">(6)(b)(i)</xref>.</subsection></subsection><subsection number="53-29-406(6)(c)">An arrest warrant described in Subsection <xref depth="4" refnumber="53-29-406(6)(b)(i)">(6)(b)(i)</xref> shall be enforceable by any law enforcement agency that locates the sex offender who is the subject of the arrest warrant.</subsection></subsection><subsection number="53-29-406(7)">The department shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish the requirements, procedures, and processes under this section.</subsection></section></part></chapter><chapter number="53-30"><catchline>Security Improvements Act</catchline><part number="53-30-1"><catchline>General Provisions</catchline><section number="53-30-101"><histories><history>Amended by Chapter <modchap sess="2026GS">155</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Definitions.</catchline>As used in this chapter:<subsection number="53-30-101(1)">"Applicant" means an individual who submits an application for certification.</subsection><subsection number="53-30-101(2)">"Application for certification" means an application described in Subsection <xref depth="4" refnumber="53-30-201(1)">53-30-201(1)</xref>.</subsection><subsection number="53-30-101(3)">"Certifying officer" means the commissioner or an individual the commissioner designates to certify an application for certification.</subsection><subsection number="53-30-101(4)">"Credible threat" means a threat to cause death or serious bodily injury that a state or federal law enforcement agency has confirmed to be authentic.</subsection><subsection number="53-30-101(5)">"Easement holder" means the same as that term is defined in Section <xref depth="3" refnumber="57-13c-101">57-13c-101</xref>.</subsection><subsection number="53-30-101(6)">"Improvement" means the same as that term is defined in Section <xref depth="3" refnumber="78B-2-225">78B-2-225</xref>.</subsection><subsection number="53-30-101(7)">"Land use authority" means:<subsection number="53-30-101(7)(a)">with respect to protected property located within a municipality, the same as that term is defined in Section <xref depth="3" refnumber="10-20-102">10-20-102</xref>; or</subsection><subsection number="53-30-101(7)(b)">with respect to protected property located within an unincorporated area of a county, the same as that term is defined in Section <xref depth="3" refnumber="17-79-102">17-79-102</xref>.</subsection></subsection><subsection number="53-30-101(8)">"Protected person" means an individual who:<subsection number="53-30-101(8)(a)">within the four years preceding the day on which the individual submits an application for certification:<subsection number="53-30-101(8)(a)(i)">received a credible threat; or</subsection><subsection number="53-30-101(8)(a)(ii)">was physically harmed; and</subsection></subsection><subsection number="53-30-101(8)(b)">is at risk of serious bodily injury or death caused by:<subsection number="53-30-101(8)(b)(i)">the individual who made the credible threat described in Subsection <xref depth="4" refnumber="53-30-101(8)(a)(i)">(8)(a)(i)</xref> or caused the physical harm described in Subsection <xref depth="4" refnumber="53-30-101(8)">(8)(a)(ii)</xref>; or</subsection><subsection number="53-30-101(8)(b)(ii)">an individual affiliated with the individual who made the credible threat described in Subsection <xref depth="4" refnumber="53-30-101(8)(a)(i)">(8)(a)(i)</xref> or caused the physical harm described in Subsection <xref depth="4" refnumber="53-30-101(8)(a)(ii)">(8)(a)(ii)</xref>.</subsection></subsection></subsection><subsection number="53-30-101(9)">"Protected property" means real property that is owned or occupied by a protected person.</subsection><subsection number="53-30-101(10)">"Protection certificate" means a written determination described in Subsection <xref depth="4" refnumber="53-30-201(4)">53-30-201(4)</xref>.</subsection><subsection number="53-30-101(11)"><subsection number="53-30-101(11)(a)">"Security improvement" means an improvement that:<subsection number="53-30-101(11)(a)(i)">is intended to provide protection for a protected person, or a protected person's immediate family member living at the same residence as the protected person, from the risk of death or serious bodily injury caused by an individual who made a credible threat or caused physical harm to the protected person;</subsection><subsection number="53-30-101(11)(a)(ii)">is constructed within the boundaries of protected property; and</subsection><subsection number="53-30-101(11)(a)(iii)">does not interfere with another property owner's property right.</subsection></subsection><subsection number="53-30-101(11)(b)">"Security improvement" includes an improvement described in Subsection <xref depth="4" refnumber="53-30-101(11)(a)">(11)(a)</xref> that provides safe egress from, or safety within, the protected property, including an underground improvement or an improvement that runs below an easement if the improvement does not damage or interfere with the purpose or use of the easement.</subsection></subsection></section></part><part number="53-30-2"><catchline>Certification</catchline><section number="53-30-201"><histories><history>Enacted by Chapter <modchap sess="2025GS">364</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Certification process.</catchline><subsection number="53-30-201(1)"><subsection number="53-30-201(1)(a)">In accordance with the provisions of this section, an individual may submit an application to a certifying officer for a written determination that each improvement the applicant identifies in the application is a security improvement.</subsection><subsection number="53-30-201(1)(b)">An applicant shall include in an application for certification:<subsection number="53-30-201(1)(b)(i)">the applicant's name; and</subsection><subsection number="53-30-201(1)(b)(ii)">evidence supporting the applicant's assertion that the applicant is a protected person and that each proposed improvement is a security improvement, including:<subsection number="53-30-201(1)(b)(ii)(A)">a legal description of the real property that the applicant asserts is protected property;</subsection><subsection number="53-30-201(1)(b)(ii)(B)">building plans for each proposed security improvement;</subsection><subsection number="53-30-201(1)(b)(ii)(C)">if the applicant intends to construct the proposed security improvement beneath an easement, evidence that the applicant provided written notice of the security improvement to each easement holder; and</subsection><subsection number="53-30-201(1)(b)(ii)(D)">any other information the department requires.</subsection></subsection></subsection></subsection><subsection number="53-30-201(2)">In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules:<subsection number="53-30-201(2)(a)">establishing:<subsection number="53-30-201(2)(a)(i)">a process for receiving and evaluating applications for certification; and</subsection><subsection number="53-30-201(2)(a)(ii)">the required contents of an application for certification; and</subsection></subsection><subsection number="53-30-201(2)(b)">requiring that a certifying officer consult confidentially with a municipal or county building official regarding potential mitigation of any material adverse effects a proposed security improvement would cause if the proposed security improvement would be visible to an individual standing within 500 feet of the protected property.</subsection></subsection><subsection number="53-30-201(3)">Within 45 days after the day on which a certifying officer receives an application for certification, the certifying officer shall approve or deny the application for certification.</subsection><subsection number="53-30-201(4)">If the certifying officer approves the application for certification, the certifying officer shall:<subsection number="53-30-201(4)(a)">provide the applicant with a protection certificate that identifies the protected person, the protected property, and each security improvement; and</subsection><subsection number="53-30-201(4)(b)">within 30 days after the day on which the certifying officer approves the application for certification, notify the applicable police chief or sheriff of the threat made against the protected person.</subsection></subsection></section></part><part number="53-30-3"><catchline>Security Improvements</catchline><section number="53-30-301"><histories><history>Enacted by Chapter <modchap sess="2025GS">364</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Improvements -- Legal remedies.</catchline><subsection number="53-30-301(1)">No later than two years after the day on which a certifying officer issues a protection certificate, the protected person may submit to the applicable land use authority a copy of the protection certificate, together with a building permit application, for the construction of one or more security improvements identified in the protection certificate.</subsection><subsection number="53-30-301(2)"><subsection number="53-30-301(2)(a)">Upon receipt of a building permit application for the construction of a security improvement, the land use authority shall:<subsection number="53-30-301(2)(a)(i)">review the building permit application for the sole purpose of determining compliance with Title 15A, State Construction and Fire Codes Act; and</subsection><subsection number="53-30-301(2)(a)(ii)">issue a building permit authorizing the construction if the application complies with Title 15A, State Construction and Fire Codes Act.</subsection></subsection><subsection number="53-30-301(2)(b)">If a building permit application for the construction of a security improvement complies with Title 15A, State Construction and Fire Codes Act, the land use authority shall authorize construction.</subsection></subsection><subsection number="53-30-301(3)">A security improvement is not subject to county or municipal land use regulations, except for regulations regarding the exterior of a building that are imposed under Subsection <xref depth="4" refnumber="53-29-201(2)(b)">53-29-201(2)(b)</xref>.</subsection><subsection number="53-30-301(4)"><subsection number="53-30-301(4)(a)">If a municipality or county unlawfully conditions, delays, or denies a building permit for a security improvement, the protected person may challenge the municipality's or county's action in court.</subsection><subsection number="53-30-301(4)(b)">In an action under this Subsection <xref tempid="598" depth="4" refnumber="(4)">(4)</xref>, the court shall allow a party to file documents under seal to preserve the confidentiality of the security improvement.</subsection><subsection number="53-30-301(4)(c)">A building permit application for the construction of a security improvement is not subject to Section <xref depth="3" refnumber="10-6-160">10-6-160</xref> or <xref depth="3" refnumber="17-36-55">17-36-55</xref>.</subsection></subsection></section></part></chapter><chapter number="53-31"><catchline>Department Interaction With Local Law Enforcement</catchline><section number="53-31-101"><histories><history>Amended by Chapter <modchap sess="2025S1">16</modchap>, 2025 Special Session 1</history><modyear>2025</modyear></histories><catchline>Definitions.</catchline>As used in this chapter, "county of the first class" means a county that is classified by population as a county of the first class under Section <xref depth="3" refnumber="17-60-104">17-60-104</xref>.</section><section number="53-31-102"><histories><history>Enacted by Chapter <modchap sess="2025GS">273</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Public safety interagency agreement.</catchline><subsection number="53-31-102(1)">Subject to Subsection <xref tempid="722" depth="4" refnumber="(2)">(2)</xref>, by July 1, 2025, the law enforcement agency of a city that is the seat of government for a county of the first class shall enter into a public safety interagency agreement with the department that addresses how the law enforcement agency and the department can improve public safety within the jurisdiction of the law enforcement agency.</subsection><subsection number="53-31-102(2)">The interagency agreement described in Subsection (1) shall include:<subsection number="53-31-102(2)(a)">at a minimum, terms that require the law enforcement agency to reimburse the department for the department's expenses if the department deploys department resources to effectuate the interagency agreement;</subsection><subsection number="53-31-102(2)(b)">if the agreement requires joint operations to be conducted between the department and the law enforcement agency, the roles and responsibilities of the department and the law enforcement agency in any joint operations;</subsection><subsection number="53-31-102(2)(c)">the parameters on any data shared under the agreement to assist in effectuating the agreement;</subsection><subsection number="53-31-102(2)(d)">measures to ensure accountability and communication between the department and the law enforcement agency; and</subsection><subsection number="53-31-102(2)(e)">accountability metrics to determine if public safety within the jurisdiction of the law enforcement agency has improved.</subsection></subsection><subsection number="53-31-102(3)">By November 1 of each year, a law enforcement agency that has entered into an agreement under Subsection (1), shall make a presentation to the Law Enforcement and Criminal Justice Interim Committee regarding:<subsection number="53-31-102(3)(a)">the terms of the interagency agreement;</subsection><subsection number="53-31-102(3)(b)">if available, any information regarding the implementation and operation of the interagency agreement; and</subsection><subsection number="53-31-102(3)(c)">whether the law enforcement agency has successfully improved public safety within the jurisdiction of the law enforcement agency.</subsection></subsection></section></chapter><chapter number="53-32"><catchline>Cryptocurrency Investigations</catchline><section number="53-32-101"><histories><history>Enacted by Chapter <modchap sess="2026GS">394</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Definitions.</catchline>As used in this chapter:<subsection number="53-32-101(1)">"Cryptocurrency" means a digital asset that functions as a medium of exchange, a unit of account, or a store of value, and is secured by cryptography.</subsection><subsection number="53-32-101(2)">"Cryptocurrency investigation" means a law enforcement investigation involving the tracing, analysis, or recovery of cryptocurrency or digital assets.</subsection><subsection number="53-32-101(3)">"Digital asset" means the same as that term is defined in Section <xref depth="3" refnumber="13-62-101">13-62-101</xref>.</subsection><subsection number="53-32-101(4)">"Local law enforcement agency" means the same as that term is defined in Section <xref depth="3" refnumber="53-13-101">53-13-101</xref>.</subsection></section><section number="53-32-102"><histories><history>Enacted by Chapter <modchap sess="2026GS">394</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Cryptocurrency investigation reporting.</catchline><subsection number="53-32-102(1)">Each local law enforcement agency and the Division of Securities created in Section <xref depth="3" refnumber="61-1-18">61-1-18</xref> shall report the following information to the department on a quarterly basis:<subsection number="53-32-102(1)(a)">the number of cases involving cryptocurrency opened during the reporting period;</subsection><subsection number="53-32-102(1)(b)">the number of cryptocurrency traces conducted during the reporting period;</subsection><subsection number="53-32-102(1)(c)">the number of cases involving cryptocurrency closed during the reporting period; and</subsection><subsection number="53-32-102(1)(d)">the disposition of closed cases, including:<subsection number="53-32-102(1)(d)(i)">arrests made;</subsection><subsection number="53-32-102(1)(d)(ii)">charges filed;</subsection><subsection number="53-32-102(1)(d)(iii)">convictions obtained; and</subsection><subsection number="53-32-102(1)(d)(iv)">digital assets recovered or seized.</subsection></subsection></subsection><subsection number="53-32-102(2)">The department shall:<subsection number="53-32-102(2)(a)">collect and analyze the information reported under Subsection <xref depth="4" refnumber="53-32-102(1)">(1)</xref>;</subsection><subsection number="53-32-102(2)(b)">prepare an annual summary report of statewide cryptocurrency investigation activities; and</subsection><subsection number="53-32-102(2)(c)">on or before November 30 of each year, provide the annual summary report to the Law Enforcement and Criminal Justice Interim Committee.</subsection></subsection><subsection number="53-32-102(3)">Information reported under this section is protected from disclosure under Title <xref depth="1" refnumber="63G-2">63G, Chapter 2</xref>, Government Records Access and Management Act, if disclosure would compromise an ongoing investigation or reveal investigative techniques.</subsection></section></chapter><chapter number="53-33"><catchline>Firefighter Cancer Benefit Trust Fund</catchline><part number="53-33-1"><catchline>General Provisions</catchline><section number="53-33-101"><histories><history>Enacted by Chapter <modchap sess="2026GS">469</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Definitions.</catchline>As used in this chapter:<subsection number="53-33-101(1)">"Board" means the Firefighter Cancer Benefit Trust Fund Board of Trustees created in Section <xref depth="3" refnumber="53-33-202">53-33-202</xref>.</subsection><subsection number="53-33-101(2)">"Firefighter" means the same as that term is defined in Section <xref depth="3" refnumber="34A-3-101">34A-3-101</xref>.</subsection><subsection number="53-33-101(3)">"Presumptive cancer" means the same as that term is defined in Section <xref depth="3" refnumber="34A-3-101">34A-3-101</xref>.</subsection><subsection number="53-33-101(4)">"Program" means the statewide fire and rescue training program described in Section <xref depth="3" refnumber="53H-4-705">53H-4-705</xref>.</subsection><subsection number="53-33-101(5)">"Rocky Mountain Center for Occupational and Environmental Health" means the same as that term is defined in Section <xref depth="3" refnumber="34A-3-101">34A-3-101</xref>.</subsection></section></part><part number="53-33-2"><catchline>Firefighter Cancer Benefit Trust Fund</catchline><section number="53-33-201"><histories><history>Enacted by Chapter <modchap sess="2026GS">469</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Firefighter Cancer Benefit Trust Fund.</catchline><subsection number="53-33-201(1)">There is created a private purpose trust fund entitled the "Firefighter Cancer Benefit Trust Fund."</subsection><subsection number="53-33-201(2)">The trust fund consists of:<subsection number="53-33-201(2)(a)">appropriations made to the fund by the Legislature, if any;</subsection><subsection number="53-33-201(2)(b)">private donations and grants; and</subsection><subsection number="53-33-201(2)(c)">other revenue received from other sources.</subsection></subsection><subsection number="53-33-201(3)">The board shall:<subsection number="53-33-201(3)(a)">account for the receipt and expenditures of trust fund money; or</subsection><subsection number="53-33-201(3)(b)">enter into contract with a third-party administrator to administer the fund and account for the receipt and expenditure of trust fund money.</subsection></subsection><subsection number="53-33-201(4)"><subsection number="53-33-201(4)(a)">The trust fund shall earn interest.</subsection><subsection number="53-33-201(4)(b)">The trust fund's earned interest shall remain in the trust.</subsection></subsection><subsection number="53-33-201(5)">The board may expend money from the trust fund for reasonable administrative costs that the board incurs for administering the trust fund.</subsection><subsection number="53-33-201(6)">Assets of the trust fund are dedicated for the purposes established by statute and administrative rule.</subsection><subsection number="53-33-201(7)">Creditors of the board and of employers liable for the benefits paid under this chapter may not seize, attach, or otherwise obtain assets of the trust fund.</subsection></section><section number="53-33-202"><histories><history>Enacted by Chapter <modchap sess="2026GS">469</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Firefighter Cancer Benefit Trust Fund Board of Trustees -- Quorum -- Establish rates -- Duties -- Reporting.</catchline><subsection number="53-33-202(1)"><subsection number="53-33-202(1)(a)">There is created the Firefighter Cancer Benefit Trust Fund Board of Trustees composed of 11 members.</subsection><subsection number="53-33-202(1)(b)">The president of the Senate shall appoint four individuals to the board as follows:<subsection number="53-33-202(1)(b)(i)">one senator;</subsection><subsection number="53-33-202(1)(b)(ii)">one fire chief representing a department in a county of the first or second class;</subsection><subsection number="53-33-202(1)(b)(iii)">one fire chief representing a department in a county of the third through sixth class; and</subsection><subsection number="53-33-202(1)(b)(iv)">one fire chief representing a department whose members are majority volunteers.</subsection></subsection><subsection number="53-33-202(1)(c)">The speaker of the House of Representatives shall appoint four individuals to the board as follows: <subsection number="53-33-202(1)(c)(i)">one representative;</subsection><subsection number="53-33-202(1)(c)(ii)">two firefighters who possess a rank of captain or below; and</subsection><subsection number="53-33-202(1)(c)(iii)">one individual with professional investment experience.</subsection></subsection><subsection number="53-33-202(1)(d)">The governor shall appoint three individuals to the board as follows:<subsection number="53-33-202(1)(d)(i)">one licensed physician or surgeon with professional expertise in oncology or occupational medicine who is not currently employed by the Rocky Mountain Center for Occupational and Environmental Health; and</subsection><subsection number="53-33-202(1)(d)(ii)">two members who are either an elected municipal official or a city manager.</subsection></subsection></subsection><subsection number="53-33-202(2)"><subsection number="53-33-202(2)(a)">Each member shall serve a term of two years and may be reappointed for successive terms.</subsection><subsection number="53-33-202(2)(b)">After two years from the initial appointments, the appointing authority shall stagger appointing board members so that no more than one-half of the members' terms expire in the same year.</subsection></subsection><subsection number="53-33-202(3)">When a vacancy occurs on the board, a replacement shall be appointed for the remainder of the term.</subsection><subsection number="53-33-202(4)">The board shall elect annually one of the board members as the chair.</subsection><subsection number="53-33-202(5)"><subsection number="53-33-202(5)(a)">Six members of the board make a quorum.</subsection><subsection number="53-33-202(5)(b)">If a quorum is present when the board takes a vote, the affirmative vote of a majority of the board members present is the act of the board.</subsection></subsection><subsection number="53-33-202(6)">The board shall ensure that assets of the trust fund are dedicated to providing support and benefits to covered firefighters and covered firefighter's beneficiaries, in accordance with this chapter and rules the board makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.</subsection><subsection number="53-33-202(7)">A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:<subsection number="53-33-202(7)(a)">Section <xref depth="3" refnumber="63A-3-106">63A-3-106</xref>;</subsection><subsection number="53-33-202(7)(b)">Section <xref depth="3" refnumber="63A-3-107">63A-3-107</xref>; and</subsection><subsection number="53-33-202(7)(c)">rules made by the Division of Finance according to Sections <xref depth="3" refnumber="63A-3-106">63A-3-106</xref> and <xref depth="3" refnumber="63A-3-107">63A-3-107</xref>.</subsection></subsection><subsection number="53-33-202(8)"><subsection number="53-33-202(8)(a)">The program shall staff the board.</subsection><subsection number="53-33-202(8)(b)">The program shall provide accounting services for the trust fund.</subsection></subsection><subsection number="53-33-202(9)">The board shall:<subsection number="53-33-202(9)(a)">study:<subsection number="53-33-202(9)(a)(i)">cancer incidence rates;</subsection><subsection number="53-33-202(9)(a)(ii)">cancer incidence trust award levels;</subsection><subsection number="53-33-202(9)(a)(iii)">funding mechanisms for the trust, including potential employer contributions; and</subsection><subsection number="53-33-202(9)(a)(iv)">mechanisms for disbursement of the trust funds that are designed to:<subsection number="53-33-202(9)(a)(iv)(A)">reduce workers' compensation premiums for policies covering firefighters; and</subsection><subsection number="53-33-202(9)(a)(iv)(B)">provide funding for a firefighter diagnosed with a presumptive cancer before a workers' compensation claim is processed;</subsection></subsection></subsection><subsection number="53-33-202(9)(b)">consult with stakeholders representing firefighters, fire departments, and insurers that issue workers' compensation policies; and</subsection><subsection number="53-33-202(9)(c)">review mechanisms proposed and implemented in other states for the disbursement of the trust funds.</subsection></subsection><subsection number="53-33-202(10)">Before December 1, 2026, the board shall prepare and submit recommendations based on the study and consultation the board performs in accordance with Subsection <xref depth="4" refnumber="53-32-202(9)">(9)</xref>, to the Executive Appropriations Committee.</subsection></section></part></chapter>