H.B. 55

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ALCOHOL AND DRUG TESTING FEE
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Don E. Bush
5 AN ACT RELATING TO PUBLIC SAFETY; PROVIDING FOR THE ACQUISITION OF
6 CERTAIN ALCOHOL AND DRUG ENFORCEMENT RELATED EQUIPMENT;
7 AMENDING CERTAIN PROVISIONS OF THE DEPARTMENT OF PUBLIC SAFETY
8 RESTRICTED ACCOUNT; AMENDING CERTAIN FEES RELATED TO DRIVER
9 LICENSE REINSTATEMENT AFTER AN ALCOHOL OR DRUG-RELATED OFFENSE;
10 AND PROVIDING AN EFFECTIVE DATE.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 53-3-105, as last amended by Chapters 71 and 78, Laws of Utah 1996
14 53-3-106, as last amended by Chapter 78, Laws of Utah 1996
15 ENACTS:
16 53-3-117, Utah Code Annotated 1953
17 Be it enacted by the Legislature of the state of Utah:
18 Section 1. Section 53-3-105 is amended to read:
19 53-3-105. Fees for licenses, renewals, extensions, reinstatements, rescheduling, and
20 identification cards.
21 The following fees apply under this chapter:
22 (1) An original class D license application under Section 53-3-205 is $15.
23 (2) An original class M license application under Section 53-3-205 is $17.50.
24 (3) An original provisional license application for a class D license under Section 53-3-205
25 is $20.
26 (4) An original provisional license application for a class M license under Section
27 53-3-205 is $22.50.

1 (5) An original application for a motorcycle endorsement under Section 53-3-205 is $7.50.
2 (6) An original application for a taxicab endorsement under Section 53-3-205 is $5.
3 (7) A renewal of a class D license under Section 53-3-214 is $15 unless Subsection (13)
4 applies.
5 (8) A renewal of a class M license under Section 53-3-214 is $17.50.
6 (9) A renewal of a provisional license application for a class D license under Section
7 53-3-214 is $15.
8 (10) A renewal of a provisional license application for a class M license under Section
9 53-3-214 is $17.50.
10 (11) A renewal of a motorcycle endorsement under Section 53-3-214 is $7.50.
11 (12) A renewal of a taxicab endorsement under Section 53-3-214 is $5.
12 (13) A renewal of a class D license for a person 65 and older under Section 53-3-214 is
13 $5.
14 (14) An extension of a class D license under Section 53-3-214 is $12 unless Subsection
15 (20) applies.
16 (15) An extension of a class M license under Section 53-3-214 is $14.50.
17 (16) An extension of a provisional license application for a class D license under Section
18 53-3-214 is $12.
19 (17) An extension of a provisional license application for a class M license under Section
20 53-3-214 is $14.50.
21 (18) An extension of a motorcycle endorsement under Section 53-3-214 is $7.50.
22 (19) An extension of a taxicab endorsement under Section 53-3-214 is $5.
23 (20) An extension of a class D license for a person 65 and older under Section 53-3-214
24 is $3.
25 (21) An original or renewal application for a commercial class A, B, or C license or an
26 original or renewal of a provisional commercial class A or B license under Part 4 of this chapter
27 is:
28 (a) $30 for the written test; and
29 (b) $50 for the skills test.
30 (22) Each original CDL endorsement for passengers, hazardous material, double or triple
31 trailers, or tankers is $5.

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1 (23) An original CDL endorsement for a school bus under Part 4 of this chapter is $5.
2 (24) A renewal of a CDL endorsement under Part 4 of this chapter is $5.
3 (25) A retake of a CDL written or a CDL skills test provided for in Section 53-3-205 is
4 $15.
5 (26) A retake of a CDL endorsement test provided for in Section 53-3-205 is $5.
6 (27) A duplicate class A, B, C, D, or M license certificate under Section 53-3-215 is $10.
7 (28) [(a)] A license reinstatement application under Section 53-3-205 is $25.
8 [(b) A license reinstatement application under Section 53-3-205 for an alcohol, drug, or
9 combination of alcohol and any drug-related offense is $25 in addition to the fee under Subsection
10 (a).]
11 (29) An administrative fee for license reinstatement after an alcohol, drug, or combination
12 of alcohol and any drug-related offense under Section 41-6-44.10, 53-3-223, or 53-3-231 or an
13 alcohol, drug, or combination of alcohol and any drug-related offense under Part 4 of this chapter
14 is [$35] $100. This administrative fee is in addition to the [fees] fee under Subsection (28).
15 (30) An administrative fee for license reinstatement after confiscation under Section
16 53-3-226 is $25.
17 (31) (a) An administrative fee for providing the driving record of a driver under Section
18 53-3-104 or 53-3-420 is $4.
19 (b) The division may not charge for a report furnished under Section 53-3-104 to a
20 municipal, county, state, or federal agency.
21 (32) A rescheduling fee under Section 53-3-205 or 53-3-407 is $25.
22 (33) An identification card application under Section 53-3-808 is $5.
23 Section 2. Section 53-3-106 is amended to read:
24 53-3-106. Disposition of revenues under this chapter -- Restricted account created
25 -- Expenses of department provided by appropriation -- Nonlapsing.
26 (1) There is created within the Transportation Fund a restricted account known as the
27 "Department of Public Safety Restricted Account."
28 (2) The account consists of monies generated from the following revenue sources:
29 (a) all monies received under this chapter;
30 (b) administrative fees received according to the fee schedule authorized under this chapter
31 and Section 63-38-3.2; and

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1 (c) any appropriations made to the account by the Legislature.
2 (3) (a) The account shall earn interest.
3 (b) All interest earned on account monies shall be deposited in the account.
4 (4) The expenses of the department in carrying out this chapter shall be provided for by
5 legislative appropriation from this account. An amount up to 40% of the fees collected under
6 Subsection 53-3-105(29) shall be appropriated to the department to implement the provisions of
7 Section 53-1-117.
8 (5) Appropriations to the department from the account are nonlapsing.
9 Section 3. Section 53-3-117 is enacted to read:
10 53-3-117. Acquisition of alcohol or drug enforcement equipment -- Rulemaking --
11 Legislative findings.
12 (1) From monies appropriated by the Legislature and any other funds made available for
13 the purposes described under this section, the department shall assist the law enforcement agencies
14 of the state and its political subdivisions in the acquisition, improvement, and replacement of
15 equipment used in the enforcement of alcohol or drug-related offenses to measure alcohol or drug
16 content in a person's body.
17 (2) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
18 commissioner shall make rules for granting monies and providing equipment to law enforcement
19 agencies under this section based on criteria established in the rules.
20 (3) The Legislature finds that these monies are for a general and statewide public purpose.
21 Section 4. Effective date.
22 This act takes effect on July 1, 1997.




Legislative Review Note
as of 12-16-96 7:30 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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