This document includes House Floor Amendments incorporated into the bill on Thu, Mar 5, 2015 at 4:11 PM by jeyring.
Representative Edward H. Redd proposes the following substitute bill:


1     
INTERLOCK RESTRICTED DRIVER AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Edward H. Redd

5     
Senate Sponsor: Scott K. Jenkins

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions relating to interlock restricted drivers.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires an interlock restricted driver to have written verification of certain
13     information from the driver's employer in the driver's possession while operating the
14     employer's motor vehicle;
15          ▸     requires the Driver License Division to post the ignition interlock restriction on a
16     person's electronic record that is available to law enforcement;
17          ▸     amends the requirements for an affirmative defense to an interlock restricted driver
18     violation;
19          ▸     amends the requirements for the Driver License Division to clear the suspension for
20     an interlock restricted driver violation;
21          ▸     requires the Driver License Division to suspend the driving privileges of an
22     interlock restricted driver in certain circumstances; and
23          ▸     makes technical and conforming changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:
30          41-6a-518, as last amended by Laws of Utah 2011, Chapter 421
31          41-6a-518.2, as last amended by Laws of Utah 2009, Chapter 390
32          53-3-1007, as last amended by Laws of Utah 2014, Chapter 101
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 41-6a-518 is amended to read:
36          41-6a-518. Ignition interlock devices -- Use -- Probationer to pay cost --
37     Impecuniosity -- Fee.
38          (1) As used in this section:
39          (a) "Commissioner" means the commissioner of the Department of Public Safety.
40          (b) "Ignition interlock system" or "system" means a constant monitoring device or any
41     similar device certified by the commissioner that prevents a motor vehicle from being started
42     or continuously operated without first determining the driver's breath alcohol concentration.
43          (c) "Probation provider" means the supervisor and monitor of the ignition interlock
44     system required as a condition of probation who contracts with the court in accordance with
45     Subsections 41-6a-507(2) and (3).
46          (2) (a) In addition to any other penalties imposed under Sections 41-6a-503 and
47     41-6a-505, and in addition to any requirements imposed as a condition of probation, the court
48     may require that any person who is convicted of violating Section 41-6a-502 and who is
49     granted probation may not operate a motor vehicle during the period of probation unless that
50     motor vehicle is equipped with a functioning, certified ignition interlock system installed and
51     calibrated so that the motor vehicle will not start or continuously operate if the operator's blood
52     alcohol concentration exceeds a level ordered by the court.
53          (b) If a person convicted of violating Section 41-6a-502 was under the age of 21 when
54     the violation occurred, the court shall order the installation of the ignition interlock system as a
55     condition of probation.
56          (c) The division shall post the ignition interlock restriction on the electronic record
57     available to law enforcement.
58          (d) This section does not apply to a person convicted of a violation of Section
59     41-6a-502 whose violation involves drugs other than alcohol.
60          (3) If the court imposes the use of an ignition interlock system as a condition of
61     probation, the court shall:
62          (a) stipulate on the record the requirement for and the period of the use of an ignition
63     interlock system;
64          (b) order that an ignition interlock system be installed on each motor vehicle owned or
65     operated by the probationer, at the probationer's expense;
66          (c) immediately notify the Driver License Division and the person's probation provider
67     of the order; and
68          (d) require the probationer to provide proof of compliance with the court's order to the
69     probation provider within 30 days of the order.
70          (4) (a) The probationer shall provide timely proof of installation within 30 days of an
71     order imposing the use of a system or show cause why the order was not complied with to the
72     court or to the probationer's probation provider.
73          (b) The probation provider shall notify the court of failure to comply under Subsection
74     (4)(a).
75          (c) For failure to comply under Subsection (4)(a) or upon receiving the notification
76     under Subsection (4)(b), the court shall order the Driver License Division to suspend the
77     probationer's driving privileges for the remaining period during which the compliance was
78     imposed.
79          (d) Cause for failure to comply means any reason the court finds sufficiently justifiable
80     to excuse the probationer's failure to comply with the court's order.
81          (5) (a) Any probationer required to install an ignition interlock system shall have the
82     system monitored by the manufacturer or dealer of the system for proper use and accuracy at
83     least semiannually and more frequently as the court may order.
84          (b) (i) A report of the monitoring shall be issued by the manufacturer or dealer to the
85     court or the person's probation provider.
86          (ii) The report shall be issued within 14 days following each monitoring.
87          (6) (a) If an ignition interlock system is ordered installed, the probationer shall pay the
88     reasonable costs of leasing or buying and installing and maintaining the system.
89          (b) A probationer may not be excluded from this section for inability to pay the costs,
90     unless:
91          (i) the probationer files an affidavit of impecuniosity; and
92          (ii) the court enters a finding that the probationer is impecunious.
93          (c) In lieu of waiver of the entire amount of the cost, the court may direct the
94     probationer to make partial or installment payments of costs when appropriate.
95          (d) The ignition interlock provider shall cover the costs of waivers by the court under
96     this Subsection (6).
97          (7) (a) If a probationer is required in the course and scope of employment to operate a
98     motor vehicle owned by the probationer's employer, the probationer may operate that motor
99     vehicle without installation of an ignition interlock system only if:
100          (i) the motor vehicle is used in the course and scope of employment;
101          (ii) the employer has been notified that the employee is restricted; [and]
102          (iii) the employee has [proof of the notification] in the employee's possession while
103     operating the employer's motor vehicle[.] written verification from the employer that:
104          (A) the employer is aware that the employee is an interlock restricted driver;
105          (B) the vehicle the employee is operating for employment purposes is not made
106     available to the employee for personal use;
107          (C) the business entity that employs the employee is not all or partly owned or
108     controlled by the employee;
109          (D) the employer's insurance company is aware that the employee is an interlock
110     restricted driver; and
111          (E) the employee has been added to the employer's insurance policy as an operator of
112     the vehicle.
113          (b) (i) To the extent that an employer-owned motor vehicle is made available to a
114     probationer subject to this section for personal use, no exemption under this section shall apply.
115          (ii) A probationer intending to operate an employer-owned motor vehicle for personal
116     use and who is restricted to the operation of a motor vehicle equipped with an ignition interlock
117     system shall notify the employer and obtain consent in writing from the employer to install a
118     system in the employer-owned motor vehicle.
119          (c) A motor vehicle owned by a business entity that is all or partly owned or controlled
120     by a probationer subject to this section is not a motor vehicle owned by the employer and does
121     not qualify for an exemption under this Subsection (7).
122          (8) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
123     the commissioner shall make rules setting standards for the certification of ignition interlock
124     systems.
125          (b) The standards under Subsection (8)(a) shall require that the system:
126          (i) not impede the safe operation of the motor vehicle;
127          (ii) have features that make circumventing difficult and that do not interfere with the
128     normal use of the motor vehicle;
129          (iii) require a deep lung breath sample as a measure of breath alcohol concentration;
130          (iv) prevent the motor vehicle from being started if the driver's breath alcohol
131     concentration exceeds a specified level;
132          (v) work accurately and reliably in an unsupervised environment;
133          (vi) resist tampering and give evidence if tampering is attempted;
134          (vii) operate reliably over the range of motor vehicle environments; and
135          (viii) be manufactured by a party who will provide liability insurance.
136          (c) The commissioner may adopt in whole or in part, the guidelines, rules, studies, or
137     independent laboratory tests relied upon in certification of ignition interlock systems by other
138     states.
139          (d) A list of certified systems shall be published by the commissioner and the cost of
140     certification shall be borne by the manufacturers or dealers of ignition interlock systems
141     seeking to sell, offer for sale, or lease the systems.
142          (e) (i) In accordance with Section 63J-1-504, the commissioner may establish an
143     annual dollar assessment against the manufacturers of ignition interlock systems distributed in
144     the state for the costs incurred in certifying.
145          (ii) The assessment under Subsection (8)(e)(i) shall be apportioned among the
146     manufacturers on a fair and reasonable basis.
147          (f) The commissioner shall require a provider of an ignition interlock system certified
148     in accordance with this section to comply with the requirements of Title 53, Chapter 3, Part 10,
149     Ignition Interlock System Program Act.
150          (9) There shall be no liability on the part of, and no cause of action of any nature shall
151     arise against, the state or its employees in connection with the installation, use, operation,
152     maintenance, or supervision of an interlock ignition system as required under this section.
153          Section 2. Section 41-6a-518.2 is amended to read:
154          41-6a-518.2. Interlock restricted driver -- Penalties for operation without ignition
155     interlock system.
156          (1) As used in this section:
157          (a) "Ignition interlock system" means a constant monitoring device or any similar
158     device that:
159          (i) is in working order at the time of operation or actual physical control; and
160          (ii) is certified by the commissioner of public safety in accordance with Subsection
161     41-6a-518(8)[; and].
162          (b) (i) "Interlock restricted driver" means a person who:
163          (A) has been ordered by a court or the Board of Pardons and Parole as a condition of
164     probation or parole not to operate a motor vehicle without an ignition interlock system;
165          (B) within the last 18 months has been convicted of a driving under the influence
166     violation under Section 41-6a-502 that was committed on or after July 1, 2009;
167          (C) (I) within the last three years has been convicted of an offense that occurred after
168     May 1, 2006 which would be a conviction as defined under Section 41-6a-501; and
169          (II) the offense described under Subsection (1)(b)(i)(C)(I) is committed within 10 years
170     from the date that one or more prior offenses was committed if the prior offense resulted in a
171     conviction as defined in Subsection 41-6a-501(2);
172          (D) within the last three years has been convicted of a violation of this section;
173          (E) within the last three years has had the person's driving privilege revoked for refusal
174     to submit to a chemical test under Section 41-6a-520, which refusal occurred after May 1,
175     2006;
176          (F) within the last three years has been convicted of a violation of Section 41-6a-502
177     and was under the age of 21 at the time the offense was committed;
178          (G) within the last six years has been convicted of a felony violation of Section
179     41-6a-502 for an offense that occurred after May 1, 2006; or
180          (H) within the last 10 years has been convicted of automobile homicide under Section
181     76-5-207 for an offense that occurred after May 1, 2006[; and].
182          (ii) "Interlock restricted driver" does not include a person if:
183          (A) the person's conviction described in Subsection (1)(b)(i)(C)(I) is a conviction under
184     Section 41-6a-517; and
185          (B) all of the person's prior convictions described in Subsection (1)(b)(i)(C)(II) are
186     convictions under Section 41-6a-517.
187          (2) The division shall post the ignition interlock restriction on a person's electronic
188     record that is available to law enforcement.
189          [(2)] (3) For purposes of this section, a plea of guilty or no contest to a violation of
190     Section 41-6a-502 which plea was held in abeyance under Title 77, Chapter 2a, Pleas in
191     Abeyance, prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been
192     subsequently reduced or dismissed in accordance with the plea in abeyance agreement.
193          [(3)] (4) An interlock restricted driver that operates or is in actual physical control of a
194     vehicle in this state without an ignition interlock system is guilty of a class B misdemeanor.
195          [(4) (a)] (5) It is an affirmative defense to a charge of a violation of Subsection [(3)] (4)
196     if:
197          [(i)] (a) an interlock restricted driver:
198          [(A)] (i) operated or was in actual physical control of a vehicle owned by the interlock
199     restricted driver's employer;
200          [(B)] (ii) had given written notice to the employer of the interlock restricted driver's
201     interlock restricted status prior to the operation or actual physical control under Subsection
202     [(4)(a)(i)] (5)(a); and
203          [(C)] (iii) had on the interlock restricted driver's person or in the vehicle at the time of
204     operation or actual physical control [proof of having given notice to the interlock restricted
205     driver's employer; and] written verification from the person's employer that:
206          (A) the employer is aware that the employee is an interlock restricted driver;
207          (B) the vehicle the employee is operating for employment purposes is not made
208     available to the employee for personal use;
209          (C) the business entity that employs the employee is not all or partly owned or
210     controlled by the employee;
211          (D) the employer's insurance company is aware that the employee is an interlock
212     restricted driver; and
213          (E) the employee has been added to the employer's insurance policy as an operator of
214     the vehicle; and
215          [(ii)] (b) the operation or actual physical control under Subsection [(4)(a)(i)(A)]
216     (5)(a)(i) was in the scope of the interlock restricted driver's employment.
217          [(b)] (6) The affirmative defense under Subsection [(4)(a)] (5) does not apply to:
218          [(i)] (a) an employer-owned motor vehicle that is made available to an interlock
219     restricted driver for personal use; or
220          [(ii)] (b) a motor vehicle owned by a business entity that is all or partly owned or
221     controlled by the interlock restricted driver.
222          Section 3. Section 53-3-1007 is amended to read:
223          53-3-1007. Ignition interlock system provider -- Notification to the division upon
224     installation or removal of an ignition interlock system -- License suspension or revocation
225     for failure to install or remove.
226          (1) An ignition interlock system provider who installs an ignition interlock system on a
227     person's vehicle shall:
228          (a) provide proof of installation to the person; and
229          (b) electronically notify the division of installation of an ignition interlock system on
230     the person's vehicle.
231          (2) An ignition interlock system provider shall electronically notify the division if a
232     person has removed an ignition interlock system from the person's vehicle.
233          (3) If an individual is an interlock restricted driver, the division shall:
234          (a) suspend the person's driving privilege for the duration of the restriction period as
235     defined in Section 41-6a-518.2; and
236          (b) notify the person of the suspension period in place and the requirements for
237     reinstatement of the driving privilege with respect to the ignition interlock restriction
238     suspension[; and].
239          [(c)] (4) The division shall clear the suspension upon:
240          [(i)] (a) receipt of payment of the fee or fees specified in Section 53-3-105; and
241          [(ii) (A)] (b) (i) receipt of electronic notification from an ignition interlock system
242     provider showing proof of the installation of an ignition interlock system on the person's
243     vehicle or the vehicle the person will be operating; Ĥ→ [or] ←Ĥ
244          (ii) if the person does not own a vehicle or will not be operating a vehicle owned by
245     another individual:
246          [(B) electronically verifying] (A) electronic verification that the person does not have
247     a vehicle registered in the person's name in the state of Utah[.]; and
248          (B) receipt of written verification from the person's employer that:
249          (I) the employer is aware that the person is an interlock restricted driver;
250          (II) the vehicle the person is operating for employment purposes is not made available
251     to the person for personal use;
252          (III) the employer's business entity that Ĥ→ [employees] employs ←Ĥ the person is not all
252a     or partly owned
253     or controlled by the person;
254          (IV) Ĥ→ [that] ←Ĥ the insurance company is aware that the person is an interlock restricted
255     driver; and
256          (V) the person has been added to the employer's insurance policy as an operator of the
257     vehicle Ĥ→ ; or
257a          (iii) if the person is not a resident of the state of Utah, electronic verification that the
257b     person is licensed in the person's state of residence or is in the process of obtaining a license in
257c     the person's state of residence ←Ĥ .
258          (5) If Subsection (4)(b)(ii) applies, the division shall biannually:
259          (a) electronically verify the person does not have a vehicle registered in the person's
260     name in the state of Utah; and
261          (b) require the person to provide updated documentation as outlined in Subsections
262     (4)(b)(ii).
263          (6) If the person does not provide the required documentation, the division shall
264     suspend the person's driving privilege until the division receives:
265          (a) if the person has a registered vehicle in the person's name in the state of Utah:
266          (i) payment of the fee or fees specified in Section 53-3-105; and
267          (ii) electronic notification from an ignition interlock system provider showing proof of
268     the installation of an ignition interlock system on the person's vehicle or the vehicle the person
269     will be operating; or
270          (b) if the person does not own a vehicle or will not be operating a vehicle owned by
271     another individual:
272          (i) electronic verification that the person does not have a vehicle registered in the
273     person's name in the state of Utah; and
274          (ii) written verification from the person's employer that:
275          (A) the employer is aware that the person is an interlock restricted driver;
276          (B) the vehicle the person is operating for employment purposes is not made available
277     to the person for personal use;
278          (C) the business entity that employs the person is not all or partly owned or controlled
279     by the person;
280          (D) the employer's insurance company is aware that the person is an interlock restricted
281     driver; and
282          (E) the person has been added to the employer's insurance policy as an operator of the
283     vehicle.
284          [(4)] (7) By following the procedures in Title 63G, Chapter 4, Administrative
285     Procedures Act, the division shall suspend the license of any person without receiving a record
286     of the person's conviction of crime seven days after receiving electronic notification from an
287     ignition interlock system provider that a person has removed an ignition interlock system from
288     the person's vehicle or a vehicle owned by another individual and operated by the person if the
289     person is an interlock restricted driver until:
290          [(a) the division:]
291          [(i)] (a) the division receives payment of the fee or fees specified in Section 53-3-105;
292     and
293          [(ii) (A)] (b)(i) the division receives electronic notification from an ignition interlock
294     system provider showing new proof of the installation of an ignition interlock system; or
295          (ii) if the person does not own a vehicle or will not be operating a vehicle owned by
296     another individual, the division receives:
297          [(B) electronically verifies] (A) electronic verification that the person does not have a
298     vehicle registered in the person's name in the state of Utah; [or] and
299          (B) written verification from the person's employer that:
300          (I) the employer is aware that the person is an interlock restricted driver;
301          (II) the vehicle the person is operating for employment purposes is not made available
302     to the person for personal use;
303          (III) the business entity that employs the person is not all or partly owned or controlled
304     by the person;
305          (IV) the employer's insurance company is aware that the person is an interlock
306     restricted driver; and
307          (V) the person has been added to the employer's insurance policy as an operator of the
308     vehicle; or
309          [(b)] (c) the person's interlock restricted period has expired.
310          [(5)] (8) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
311     Act, the division shall make rules establishing:
312          (a) procedures for certification and regulation of ignition interlock system providers;
313          (b) acceptable documentation for proof of the installation of an ignition interlock
314     device;
315          (c) procedures for an ignition interlock system provider to electronically notify the
316     division; and
317          (d) policies and procedures for the administration of the ignition interlock system
318     program created under this section.