This document includes House Floor Amendments incorporated into the bill on Thu, Mar 8, 2018 at 11:08 PM by lerror.
Representative Brian M. Greene proposes the following substitute bill:


1     
PUBLIC SAFETY FEE REVISIONS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel W. Thatcher

5     
House Sponsor: Eric K. Hutchings

6     

7     LONG TITLE
8     General Description:
9          This bill amends fees for services provided by the Department of Public Safety.
10     Highlighted Provisions:
11          This bill:
12          ▸     changes some fee amounts for services provided by the Department of Public
13     Safety;
14          ▸     removes some Department of Public Safety fees from statute to regulatory fees; and
15          ▸     makes conforming and technical corrections.
16     Money Appropriated in this Bill:
17          This bill appropriates:
18          ▸      To Department of Public Safety - Programs & Operations
19               •     From General Fund                     Ĥ→ [
(1,115,800)] $96,000 ←Ĥ
20               •     From Dedicated Credits Revenue           Ĥ→ [
(7,407,100)] ($1,500,000)
21     
          •     From Concealed Weapons Account (GFR)     (3,373,500)
22               •     From Statewide Warrant Ops (GFR)          (586,200)
23               •     From Transfers                    (26,100)
24               •     From Pass-through                    (1,600)
25          ▸     To Department of Public Safety - Bureau of Criminal Identification

26               •     From General Fund                         2,615,800
27               •     From Dedicated Credits Revenue               6,291,800
28               •     From Concealed Weapons Account (GFR)          3,125,000
29               •     From Statewide Warrant Ops (GFR)               450,000
30               •     From Transfers                         26,100
31               •     From Pass-through                         1,600
] ←Ĥ

32     Other Special Clauses:
33          This bill provides a special effective date.
34     Utah Code Sections Affected:
35     AMENDS:
36          41-6a-904, as last amended by Laws of Utah 2016, Chapters 59 and 303
37          53-1-106, as last amended by Laws of Utah 2013, Chapter 295
38          53-3-105, as last amended by Laws of Utah 2014, Chapters 225, 252, and 343
39          53-3-106, as last amended by Laws of Utah 2014, Chapters 252 and 343
40          53-3-109, as last amended by Laws of Utah 2016, Chapter 175
41          53-3-205, as last amended by Laws of Utah 2016, Chapter 175
42          53-3-223, as last amended by Laws of Utah 2017, Chapter 446
43          53-3-231, as last amended by Laws of Utah 2014, Chapter 7
44          53-5-706, as last amended by Laws of Utah 2017, Chapter 286
45          53-5-707, as last amended by Laws of Utah 2017, Chapter 286
46          53-5-707.5, as enacted by Laws of Utah 2017, Chapter 286
47          53-7-223, as last amended by Laws of Utah 2010, Chapter 61
48          53-7-224, as enacted by Laws of Utah 1993, Chapter 234
49          53-9-111, as last amended by Laws of Utah 2014, Chapter 378
50          53-10-108, as last amended by Laws of Utah 2015, Chapters 255 and 389
51          53-11-115, as last amended by Laws of Utah 2015, Chapter 170
52          76-10-526, as last amended by Laws of Utah 2014, Chapter 226
53     

54     Be it enacted by the Legislature of the state of Utah:
55          Section 1. Section 41-6a-904 is amended to read:
56          41-6a-904. Approaching emergency vehicle -- Necessary signals -- Stationary

57     emergency vehicle -- Duties of respective operators.
58          (1) Except when otherwise directed by a peace officer, the operator of a vehicle, upon
59     the immediate approach of an authorized emergency vehicle using audible or visual signals
60     under Section 41-6a-212 or 41-6a-1625, shall:
61          (a) yield the right-of-way and immediately move to a position parallel to, and as close
62     as possible to, the right-hand edge or curb of the highway, clear of any intersection; and
63          (b) then stop and remain stopped until the authorized emergency vehicle has passed.
64          (2) (a) The operator of a vehicle, upon approaching a stationary authorized emergency
65     vehicle that is displaying alternately flashing red, red and white, or red and blue lights, shall:
66          (i) reduce the speed of the vehicle;
67          (ii) provide as much space as practical to the stationary authorized emergency vehicle;
68     and
69          (iii) if traveling in a lane adjacent to the stationary authorized emergency vehicle and if
70     practical, with due regard to safety and traffic conditions, make a lane change into a lane not
71     adjacent to the authorized emergency vehicle.
72          (b) (i) If the operator of a vehicle is traveling in an HOV lane, upon approaching a
73     stationary authorized emergency vehicle that is displaying alternately flashing red, red and
74     white, or red and blue lights, the requirements in Subsection (2)(a) apply.
75          (ii) The operator of a vehicle traveling in an HOV lane, upon approaching a stationary
76     authorized emergency vehicle that is displaying alternately flashing red, red and white, or red
77     and blue lights, shall, if practical, with due regard to safety and traffic conditions, make a lane
78     change out of the HOV lane into a lane not adjacent to the authorized emergency vehicle.
79          (3) (a) The operator of a vehicle, upon approaching a stationary tow truck or highway
80     maintenance vehicle that is displaying flashing amber lights, shall:
81          (i) reduce the speed of the vehicle; and
82          (ii) provide as much space as practical to the stationary tow truck or highway
83     maintenance vehicle.
84          (b) The operator of a vehicle traveling in an HOV lane, upon approaching a stationary
85     tow truck or highway maintenance vehicle that is displaying flashing amber lights, shall, if
86     practical, with due regard to safety and traffic conditions, make a lane change out of the HOV
87     lane into a lane not adjacent to the tow truck or highway maintenance vehicle.

88          (4) This section does not relieve the operator of an authorized emergency vehicle, tow
89     truck, or highway maintenance vehicle from the duty to drive with regard for the safety of all
90     persons using the highway.
91          (5) (a) (i) In addition to the penalties prescribed under Subsection (7), a person who
92     violates this section shall attend a four hour live classroom defensive driving course approved
93     by:
94          (A) the Driver License Division; or
95          (B) a court in this state.
96          (ii) Upon completion of the four hour live classroom course under Subsection (5)(a)(i),
97     the person shall provide to the Driver License Division a certificate of attendance of the
98     classroom course.
99          (b) The Driver License Division shall suspend a person's driver license for a period of
100     90 days if the person:
101          (i) violates a provision of Subsections (1) through (3); and
102          (ii) fails to meet the requirements of Subsection (5)(a)(i) within 90 days of sentencing
103     for or pleading guilty to a violation of this section.
104          (c) Notwithstanding the provisions of Subsection (5)(b), the Driver License Division
105     shall shorten the 90-day suspension period imposed under Subsection (5)(b) effective
106     immediately upon receiving a certificate of attendance of the four hour live classroom course
107     required under Subsection (5)(a)(i) if the certificate of attendance is received before the
108     completion of the suspension period.
109          (d) A person whose license is suspended under Subsection (5)(b) and a person whose
110     suspension is shortened as described under Subsection (5)(c) shall pay the license reinstatement
111     fees under Subsection 53-3-105[(23)](24).
112          (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
113     Driver License Division shall make rules to implement the provisions of this part.
114          (7) A violation of Subsection (1), (2), or (3) is an infraction.
115          Section 2. Section 53-1-106 is amended to read:
116          53-1-106. Department duties -- Powers.
117          (1) In addition to the responsibilities contained in this title, the department shall:
118          (a) make rules and perform the functions specified in Title 41, Chapter 6a, Traffic

119     Code, including:
120          (i) setting performance standards for towing companies to be used by the department,
121     as required by Section 41-6a-1406; and
122          (ii) advising the Department of Transportation regarding the safe design and operation
123     of school buses, as required by Section 41-6a-1304;
124          (b) make rules to establish and clarify standards pertaining to the curriculum and
125     teaching methods of a motor vehicle accident prevention course under Section 31A-19a-211;
126          (c) aid in enforcement efforts to combat drug trafficking;
127          (d) meet with the Department of Technology Services to formulate contracts, establish
128     priorities, and develop funding mechanisms for dispatch and telecommunications operations;
129          (e) provide assistance to the Crime Victim Reparations Board and the Utah Office for
130     Victims of Crime in conducting research or monitoring victims' programs, as required by
131     Section 63M-7-505;
132          (f) develop sexual assault exam protocol standards in conjunction with the Utah
133     Hospital Association;
134          (g) engage in emergency planning activities, including preparation of policy and
135     procedure and rulemaking necessary for implementation of the federal Emergency Planning
136     and Community Right to Know Act of 1986, as required by Section 53-2a-702; and
137          (h) implement the provisions of Section 53-2a-402, the Emergency Management
138     Assistance Compact.
139          (2) (a) The department [may] shall establish a schedule of fees as required or allowed
140     in this title for services provided by the department.
141          (b) [The] All fees not established in statute shall be established in accordance with
142     Section 63J-1-504.
143          (3) The department may establish or contract for the establishment of an Organ
144     Procurement Donor Registry in accordance with Section 26-28-120.
145          Section 3. Section 53-3-105 is amended to read:
146          53-3-105. Fees for licenses, renewals, extensions, reinstatements, rescheduling,
147     and identification cards.
148          The following fees apply under this chapter:
149          (1) An original class D license application under Section 53-3-205 is [$25] $32.

150          (2) An original provisional license application for a class D license under Section
151     53-3-205 is [$30] $39.
152          (3) An original application for a motorcycle endorsement under Section 53-3-205 is
153     [$9.50] $11.
154          (4) An original application for a taxicab endorsement under Section 53-3-205 is [$7]
155     $9.
156          (5) A learner permit application under Section 53-3-210.5 is [$15] $19.
157          (6) A renewal of a class D license under Section 53-3-214 is [$25] $32 unless
158     Subsection (10) applies.
159          (7) A renewal of a provisional license application for a class D license under Section
160     53-3-214 is [$25] $32.
161          (8) A renewal of a motorcycle endorsement under Section 53-3-214 is [$9.50] $11.
162          (9) A renewal of a taxicab endorsement under Section 53-3-214 is [$7] $9.
163          (10) A renewal of a class D license for a person 65 and older under Section 53-3-214 is
164     [$13] $17.
165          (11) An extension of a class D license under Section 53-3-214 is [$20] $26 unless
166     Subsection (15) applies.
167          (12) An extension of a provisional license application for a class D license under
168     Section 53-3-214 is [$20] $26.
169          (13) An extension of a motorcycle endorsement under Section 53-3-214 is [$9.50] $11.
170          (14) An extension of a taxicab endorsement under Section 53-3-214 is [$7] $9.
171          (15) An extension of a class D license for a person 65 and older under Section
172     53-3-214 is [$11] $14.
173          (16) An original or renewal application for a commercial class A, B, or C license or an
174     original or renewal of a provisional commercial class A or B license under Part 4, Uniform
175     Commercial Driver License Act, is[:] $52.
176          [(a) $40 for the knowledge test; and]
177          [(b) $60 for the skills test.]
178          (17) A commercial class A, B, or C license skills test is $78.
179          [(17)] (18) Each original CDL endorsement for passengers, hazardous material, double
180     or triple trailers, or tankers is [$7] $9.

181          [(18)] (19) An original CDL endorsement for a school bus under Part 4, Uniform
182     Commercial Driver License Act, is [$7] $9.
183          [(19)] (20) A renewal of a CDL endorsement under Part 4, Uniform Commercial
184     Driver License Act, is [$7] $9.
185          [(20)] (21) (a) A retake of a CDL knowledge test provided for in Section 53-3-205 is
186     [$20] $26.
187          (b) A retake of a CDL skills test provided for in Section 53-3-205 is [$40] $52.
188          [(21)] (22) A retake of a CDL endorsement test provided for in Section 53-3-205 is
189     [$7] $9.
190          [(22)] (23) A duplicate class A, B, C, or D license certificate under Section 53-3-215 is
191     [$18] $23.
192          [(23)] (24) (a) A license reinstatement application under Section 53-3-205 is [$30] $40.
193          (b) A license reinstatement application under Section 53-3-205 for an alcohol, drug, or
194     combination of alcohol and any drug-related offense is [$35] $45 in addition to the fee under
195     Subsection [(23)] (24)(a).
196          [(24)] (25) (a) An administrative fee for license reinstatement after an alcohol, drug, or
197     combination of alcohol and any drug-related offense under Section 41-6a-520, 53-3-223, or
198     53-3-231 or an alcohol, drug, or combination of alcohol and any drug-related offense under
199     Part 4, Uniform Commercial Driver License Act, is [$230] $255.
200          (b) This administrative fee is in addition to the fees under Subsection [(23)] (24).
201          [(25)] (26) (a) An administrative fee for providing the driving record of a driver under
202     Section 53-3-104 or 53-3-420 is [$6] $8.
203          (b) The division may not charge for a report furnished under Section 53-3-104 to a
204     municipal, county, state, or federal agency.
205          [(26)] (27) A rescheduling fee under Section 53-3-205 or 53-3-407 is $25.
206          [(27)] (28) (a) Except as provided under Subsections [(27)] (28)(b) and (c), an
207     identification card application under Section 53-3-808 is [$18] $23.
208          (b) An identification card application under Section 53-3-808 for a person with a
209     disability, as defined in 42 U.S.C. Sec. 12102, is [$13] $17.
210          (c) A fee may not be charged for an identification card application if the person
211     applying:

212          (i) has not been issued a Utah driver license;
213          (ii) is indigent; and
214          (iii) is at least 18 years of age.
215          [(28)] (29) An extension of a regular identification card under Subsection 53-3-807(5)
216     for a person with a disability, as defined in 42 U.S.C. Sec. 12102, is [$13] $17.
217          [(29)] (30) An extension of a regular identification card under Subsection 53-3-807(6)
218     is [$18] $23.
219          [(30)] (31) In addition to any license application fees collected under this chapter, the
220     division shall impose on individuals submitting fingerprints in accordance with Section
221     53-3-205.5 the fees that the Bureau of Criminal Identification is authorized to collect for the
222     services the Bureau of Criminal Identification provides under Section 53-3-205.5.
223          [(31)] (32) An original mobility vehicle permit application under Section 41-6a-1118 is
224     [$25] $30.
225          [(32)] (33) A renewal of a mobility vehicle permit under Section 41-6a-1118 is [$25]
226     $30.
227          [(33)] (34) A duplicate mobility vehicle permit under Section 41-6a-1118 is [$10] $12.
228          Section 4. Section 53-3-106 is amended to read:
229          53-3-106. Disposition of revenues under this chapter -- Restricted account created
230     -- Uses as provided by appropriation -- Nonlapsing.
231          (1) There is created within the Transportation Fund a restricted account known as the
232     "Department of Public Safety Restricted Account."
233          (2) The account consists of money generated from the following revenue sources:
234          (a) all money received under this chapter;
235          (b) administrative fees received according to the fee schedule authorized under this
236     chapter and Section 63J-1-504;
237          (c) beginning on January 1, 2013, money received in accordance with Section
238     41-1a-1201; and
239          (d) any appropriations made to the account by the Legislature.
240          (3) (a) The account shall earn interest.
241          (b) All interest earned on account money shall be deposited in the account.
242          (4) The expenses of the department in carrying out this chapter shall be provided for by

243     legislative appropriation from this account.
244          (5) The amount in excess of $45 of the fees collected under Subsection
245     53-3-105[(24)](25) shall be appropriated by the Legislature from this account to the
246     department to implement the provisions of Section 53-1-117, except that of the amount in
247     excess of $45, $100 shall be deposited in the State Laboratory Drug Testing Account created in
248     Section 26-1-34.
249          (6) All money received under Subsection 41-6a-1406(6)(b)(ii) shall be appropriated by
250     the Legislature from this account to the department to implement the provisions of Section
251     53-1-117.
252          (7) Beginning in fiscal year 2009-10, the Legislature shall appropriate $100,000
253     annually from the account to the state medical examiner appointed under Section 26-4-4 for
254     use in carrying out duties related to highway crash deaths under Subsection 26-4-7(1).
255          (8) The division shall remit the fees collected under Subsection 53-3-105[(30)](31) to
256     the Bureau of Criminal Identification to cover the costs for the services the Bureau of Criminal
257     Identification provides under Section 53-3-205.5.
258          (9) (a) Beginning on January 1, 2013, the Legislature shall appropriate all money
259     received in the account under Section 41-1a-1201 to the Utah Highway Patrol Division for
260     field operations.
261          (b) The Legislature may appropriate additional money from the account to the Utah
262     Highway Patrol Division for law enforcement purposes.
263          (10) Appropriations to the department from the account are nonlapsing.
264          (11) The department shall report to the Department of Health, on or before December
265     31, the amount the department expects to collect under Subsection 53-3-105[(24)](25) in the
266     next fiscal year.
267          Section 5. Section 53-3-109 is amended to read:
268          53-3-109. Records -- Access -- Fees -- Rulemaking.
269          (1) (a) Except as provided in this section, all records of the division shall be classified
270     and disclosed in accordance with Title 63G, Chapter 2, Government Records Access and
271     Management Act.
272          (b) The division may only disclose personal identifying information:
273          (i) when the division determines it is in the interest of the public safety to disclose the

274     information; and
275          (ii) in accordance with the federal Driver's Privacy Protection Act of 1994, 18 U.S.C.
276     Chapter 123.
277          (c) The division may disclose personal identifying information:
278          (i) to a licensed private investigator holding a valid agency license, with a legitimate
279     business need;
280          (ii) to an insurer, insurance support organization, or a self-insured entity, or its agents,
281     employees, or contractors that issues any motor vehicle insurance under Title 31A, Chapter 22,
282     Part 3, Motor Vehicle Insurance, for use in connection with claims investigation activities,
283     antifraud activities, rating, or underwriting for any person issued a license certificate under this
284     chapter; or
285          (iii) to a depository institution as defined in Section 7-1-103 for use in accordance with
286     the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. Chapter 123.
287          (2) (a) A person who receives personal identifying information shall be advised by the
288     division that the person may not:
289          (i) disclose the personal identifying information from that record to any other person;
290     or
291          (ii) use the personal identifying information from that record for advertising or
292     solicitation purposes.
293          (b) Any use of personal identifying information by an insurer or insurance support
294     organization, or by a self-insured entity or its agents, employees, or contractors not authorized
295     by Subsection (1)(c)(ii) is:
296          (i) an unfair marketing practice under Section 31A-23a-402; or
297          (ii) an unfair claim settlement practice under Subsection 31A-26-303(3).
298          (3) (a) Notwithstanding the provisions of Subsection (1)(b), the division or its designee
299     may disclose portions of a driving record, in accordance with this Subsection (3), to:
300          (i) an insurer as defined under Section 31A-1-301, or a designee of an insurer, for
301     purposes of assessing driving risk on the insurer's current motor vehicle insurance
302     policyholders;
303          (ii) an employer or a designee of an employer, for purposes of monitoring the driving
304     record and status of current employees who drive as a responsibility of the employee's

305     employment if the requester demonstrates that the requester has obtained the written consent of
306     the individual to whom the information pertains; and
307          (iii) an employer or the employer's agents to obtain or verify information relating to a
308     holder of a commercial driver license that is required under 49 U.S.C. Chapter 313.
309          (b) A disclosure under Subsection (3)(a)(i) shall:
310          (i) include the licensed driver's name, driver license number, date of birth, and an
311     indication of whether the driver has had a moving traffic violation that is a reportable violation,
312     as defined under Section 53-3-102 during the previous month;
313          (ii) be limited to the records of drivers who, at the time of the disclosure, are covered
314     under a motor vehicle insurance policy of the insurer; and
315          (iii) be made under a contract with the insurer or a designee of an insurer.
316          (c) A disclosure under Subsection (3)(a)(ii) or (iii) shall:
317          (i) include the licensed driver's name, driver license number, date of birth, and an
318     indication of whether the driver has had a moving traffic violation that is a reportable violation,
319     as defined under Section 53-3-102, during the previous month;
320          (ii) be limited to the records of a current employee of an employer;
321          (iii) be made under a contract with the employer or a designee of an employer; and
322          (iv) include an indication of whether the driver has had a change reflected in the
323     driver's:
324          (A) driving status;
325          (B) license class;
326          (C) medical self-certification status; or
327          (D) medical examiner's certificate under 49 C.F.R. Sec. 391.45.
328          (d) The contract under Subsection (3)(b)(iii) or (c)(iii) shall specify:
329          (i) the criteria for searching and compiling the driving records being requested;
330          (ii) the frequency of the disclosures;
331          (iii) the format of the disclosures, which may be in bulk electronic form; and
332          (iv) a reasonable charge for the driving record disclosures under this Subsection (3).
333          (4) The division may charge fees:
334          (a) [collect fees] in accordance with Section 53-3-105 for searching and compiling its
335     files or furnishing a report on the driving record of a person;

336          (b) [prepare] for each document prepared under the seal of the division and deliver
337     upon request, a certified copy of any record of the division, and charge a fee [under] set in
338     accordance with Section 63J-1-504 for each document authenticated; and
339          (c) [charge reasonable fees] established in accordance with the procedures and
340     requirements of Section 63J-1-504 for disclosing personal identifying information under
341     Subsection (1)(c).
342          (5) Each certified copy of a driving record furnished in accordance with this section is
343     admissible in any court proceeding in the same manner as the original.
344          (6) (a) A driving record furnished under this section may only report on the driving
345     record of a person for a period of 10 years.
346          (b) Subsection (6)(a) does not apply to court or law enforcement reports, reports of
347     commercial driver license violations, or reports for commercial driver license holders.
348          (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
349     division may make rules to designate:
350          (a) what information shall be included in a report on the driving record of a person;
351          (b) the form of a report or copy of the report which may include electronic format;
352          (c) the form of a certified copy, as required under Section 53-3-216, which may include
353     electronic format;
354          (d) the form of a signature required under this chapter which may include electronic
355     format;
356          (e) the form of written request to the division required under this chapter which may
357     include electronic format;
358          (f) the procedures, requirements, and formats for disclosing personal identifying
359     information under Subsection (1)(c); and
360          (g) the procedures, requirements, and formats necessary for the implementation of
361     Subsection (3).
362          (8) (a) It is a class B misdemeanor for a person to knowingly or intentionally access,
363     use, disclose, or disseminate a record created or maintained by the division or any information
364     contained in a record created or maintained by the division for a purpose prohibited or not
365     permitted by statute, rule, regulation, or policy of a governmental entity.
366          (b) A person who discovers or becomes aware of any unauthorized use of records

367     created or maintained by the division shall inform the commissioner and the division director
368     of the unauthorized use.
369          Section 6. Section 53-3-205 is amended to read:
370          53-3-205. Application for license or endorsement -- Fee required -- Tests --
371     Expiration dates of licenses and endorsements -- Information required -- Previous
372     licenses surrendered -- Driving record transferred from other states -- Reinstatement --
373     Fee required -- License agreement.
374          (1) An application for any original license, provisional license, or endorsement shall
375     be:
376          (a) made upon a form furnished by the division; and
377          (b) accompanied by a nonrefundable fee set under Section 53-3-105.
378          (2) An application and fee for an original provisional class D license or an original
379     class D license entitle the applicant to:
380          (a) not more than three attempts to pass both the knowledge and the skills tests for a
381     class D license within six months of the date of the application;
382          (b) a learner permit if needed pending completion of the application and testing
383     process; and
384          (c) an original class D license and license certificate after all tests are passed and
385     requirements are completed.
386          (3) An application and fee for a motorcycle or taxicab endorsement entitle the
387     applicant to:
388          (a) not more than three attempts to pass both the knowledge and skills tests within six
389     months of the date of the application;
390          (b) a motorcycle learner permit after the motorcycle knowledge test is passed; and
391          (c) a motorcycle or taxicab endorsement when all tests are passed.
392          (4) An application [and fees] for a commercial class A, B, or C license [entitle] entitles
393     the applicant to:
394          (a) not more than two attempts to pass a knowledge test [and not more than two
395     attempts to pass a skills test within six months of the date of the application] when
396     accompanied by the fee provided in Subsection 53-3-105(16);
397          (b) not more than two attempts to pass a skills test when accompanied by a fee in

398     Subsection 53-3-105(17) within six months of the date of application;
399          [(b)] (c) both a commercial driver instruction permit and a temporary license permit for
400     the license class held before the applicant submits the application if needed after the knowledge
401     test is passed; and
402          [(c)] (d) an original commercial class A, B, or C license and license certificate when all
403     applicable tests are passed.
404          (5) An application and fee for a CDL endorsement entitle the applicant to:
405          (a) not more than two attempts to pass a knowledge test and not more than two
406     attempts to pass a skills test within six months of the date of the application; and
407          (b) a CDL endorsement when all tests are passed.
408          (6) (a) If a CDL applicant does not pass a knowledge test, skills test, or an endorsement
409     test within the number of attempts provided in Subsection (4) or (5), each test may be taken
410     two additional times within the six months for the fee provided in Section 53-3-105.
411          (b) (i) Beginning July 1, 2015, an out-of-state resident who holds a valid CDIP issued
412     by a state or jurisdiction that is compliant with 49 C.F.R. Part 383 may take a skills test
413     administered by the division if the out-of-state resident pays the fee provided in Subsection
414     53-3-105[(20)(b)](17).
415          (ii) The division shall:
416          (A) electronically transmit skills test results for an out-of-state resident to the licensing
417     agency in the state or jurisdiction in which the person has obtained a valid CDIP; and
418          (B) provide the out-of-state resident with documentary evidence upon successful
419     completion of the skills test.
420          (7) (a) Except as provided under Subsections (7)(f), (g), and (h), an original license
421     expires on the birth date of the applicant in the fifth year following the year the license
422     certificate was issued.
423          (b) Except as provided under Subsections (7)(f), (g), and (h), a renewal or an extension
424     to a license expires on the birth date of the licensee in the fifth year following the expiration
425     date of the license certificate renewed or extended.
426          (c) Except as provided under Subsections (7)(f) and (g), a duplicate license expires on
427     the same date as the last license certificate issued.
428          (d) An endorsement to a license expires on the same date as the license certificate

429     regardless of the date the endorsement was granted.
430          (e) (i) A regular license certificate and any endorsement to the regular license
431     certificate held by a person described in Subsection (7)(e)(ii), which expires during the time
432     period the person is stationed outside of the state, is valid until 90 days after the person's orders
433     have been terminated, the person has been discharged, or the person's assignment has been
434     changed or terminated, unless:
435          (A) the license is suspended, disqualified, denied, or has been cancelled or revoked by
436     the division; or
437          (B) the licensee updates the information or photograph on the license certificate.
438          (ii) The provisions in Subsection (7)(e)(i) apply to a person:
439          (A) ordered to active duty and stationed outside of Utah in any of the armed forces of
440     the United States;
441          (B) who is an immediate family member or dependent of a person described in
442     Subsection (7)(e)(ii)(A) and is residing outside of Utah;
443          (C) who is a civilian employee of the United States State Department or United States
444     Department of Defense and is stationed outside of the United States; or
445          (D) who is an immediate family member or dependent of a person described in
446     Subsection (7)(e)(ii)(C) and is residing outside of the United States.
447          (f) (i) Except as provided in Subsection (7)(f)(ii), a limited-term license certificate or a
448     renewal to a limited-term license certificate expires:
449          (A) on the expiration date of the period of time of the individual's authorized stay in
450     the United States or on the date provided under this Subsection (7), whichever is sooner; or
451          (B) on the date of issuance in the first year following the year that the limited-term
452     license certificate was issued if there is no definite end to the individual's period of authorized
453     stay.
454          (ii) A limited-term license certificate or a renewal to a limited-term license certificate
455     issued to an approved asylee or a refugee expires on the birth date of the applicant in the fourth
456     year following the year that the limited-term license certificate was issued.
457          (g) A driving privilege card issued or renewed under Section 53-3-207 expires on the
458     birth date of the applicant in the first year following the year that the driving privilege card was
459     issued or renewed.

460          (h) An original license or a renewal to an original license expires on the birth date of
461     the applicant in the first year following the year that the license was issued if the applicant is
462     required to register as a sex offender in accordance with Title 77, Chapter 41, Sex and Kidnap
463     Offender Registry.
464          (8) (a) In addition to the information required by Title 63G, Chapter 4, Administrative
465     Procedures Act, for requests for agency action, each applicant shall:
466          (i) provide:
467          (A) the applicant's full legal name;
468          (B) the applicant's birth date;
469          (C) the applicant's gender;
470          (D) (I) documentary evidence of the applicant's valid Social Security number;
471          (II) written proof that the applicant is ineligible to receive a Social Security number;
472          (III) the applicant's temporary identification number (ITIN) issued by the Internal
473     Revenue Service for a person who:
474          (Aa) does not qualify for a Social Security number; and
475          (Bb) is applying for a driving privilege card; or
476          (IV) other documentary evidence approved by the division;
477          (E) the applicant's Utah residence address as documented by a form or forms
478     acceptable under rules made by the division under Section 53-3-104, unless the application is
479     for a temporary CDL issued under Subsection 53-3-407(2)(b); and
480          (F) fingerprints and a photograph in accordance with Section 53-3-205.5 if the person
481     is applying for a driving privilege card;
482          (ii) provide evidence of the applicant's lawful presence in the United States by
483     providing documentary evidence:
484          (A) that a person is:
485          (I) a United States citizen;
486          (II) a United States national; or
487          (III) a legal permanent resident alien; or
488          (B) of the applicant's:
489          (I) unexpired immigrant or nonimmigrant visa status for admission into the United
490     States;

491          (II) pending or approved application for asylum in the United States;
492          (III) admission into the United States as a refugee;
493          (IV) pending or approved application for temporary protected status in the United
494     States;
495          (V) approved deferred action status;
496          (VI) pending application for adjustment of status to legal permanent resident or
497     conditional resident; or
498          (VII) conditional permanent resident alien status;
499          (iii) provide a description of the applicant;
500          (iv) state whether the applicant has previously been licensed to drive a motor vehicle
501     and, if so, when and by what state or country;
502          (v) state whether the applicant has ever had any license suspended, cancelled, revoked,
503     disqualified, or denied in the last 10 years, or whether the applicant has ever had any license
504     application refused, and if so, the date of and reason for the suspension, cancellation,
505     revocation, disqualification, denial, or refusal;
506          (vi) state whether the applicant intends to make an anatomical gift under Title 26,
507     Chapter 28, Revised Uniform Anatomical Gift Act, in compliance with Subsection (15);
508          (vii) state whether the applicant is required to register as a sex offender in accordance
509     with Title 77, Chapter 41, Sex and Kidnap Offender Registry;
510          (viii) state whether the applicant is a veteran of the United States military, provide
511     verification that the applicant was granted an honorable or general discharge from the United
512     States Armed Forces, and state whether the applicant does or does not authorize sharing the
513     information with the state Department of Veterans' and Military Affairs;
514          (ix) provide all other information the division requires; and
515          (x) sign the application which signature may include an electronic signature as defined
516     in Section 46-4-102.
517          (b) Each applicant shall have a Utah residence address, unless the application is for a
518     temporary CDL issued under Subsection 53-3-407(2)(b).
519          (c) Each applicant shall provide evidence of lawful presence in the United States in
520     accordance with Subsection (8)(a)(ii), unless the application is for a driving privilege card.
521          (d) The division shall maintain on its computerized records an applicant's:

522          (i) (A) Social Security number;
523          (B) temporary identification number (ITIN); or
524          (C) other number assigned by the division if Subsection (8)(a)(i)(D)(IV) applies; and
525          (ii) indication whether the applicant is required to register as a sex offender in
526     accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry.
527          (9) The division shall require proof of every applicant's name, birthdate, and birthplace
528     by at least one of the following means:
529          (a) current license certificate;
530          (b) birth certificate;
531          (c) Selective Service registration; or
532          (d) other proof, including church records, family Bible notations, school records, or
533     other evidence considered acceptable by the division.
534          (10) (a) Except as provided in Subsection (10)(c), if an applicant receives a license in a
535     higher class than what the applicant originally was issued:
536          (i) the license application shall be treated as an original application; and
537          (ii) license and endorsement fees shall be assessed under Section 53-3-105.
538          (b) An applicant that receives a downgraded license in a lower license class during an
539     existing license cycle that has not expired:
540          (i) may be issued a duplicate license with a lower license classification for the
541     remainder of the existing license cycle; and
542          (ii) shall be assessed a duplicate license fee under Subsection 53-3-105[(22)](23) if a
543     duplicate license is issued under Subsection (10)(b)(i).
544          (c) An applicant who has received a downgraded license in a lower license class under
545     Subsection (10)(b):
546          (i) may, when eligible, receive a duplicate license in the highest class previously issued
547     during a license cycle that has not expired for the remainder of the existing license cycle; and
548          (ii) shall be assessed a duplicate license fee under Subsection 53-3-105[(22)](23) if a
549     duplicate license is issued under Subsection (10)(c)(i).
550          (11) (a) When an application is received from a person previously licensed in another
551     state to drive a motor vehicle, the division shall request a copy of the driver's record from the
552     other state.

553          (b) When received, the driver's record becomes part of the driver's record in this state
554     with the same effect as though entered originally on the driver's record in this state.
555          (12) An application for reinstatement of a license after the suspension, cancellation,
556     disqualification, denial, or revocation of a previous license shall be accompanied by the
557     additional fee or fees specified in Section 53-3-105.
558          (13) A person who has an appointment with the division for testing and fails to keep
559     the appointment or to cancel at least 48 hours in advance of the appointment shall pay the fee
560     under Section 53-3-105.
561          (14) A person who applies for an original license or renewal of a license agrees that the
562     person's license is subject to any suspension or revocation authorized under this title or Title
563     41, Motor Vehicles.
564          (15) (a) The indication of intent under Subsection (8)(a)(vi) shall be authenticated by
565     the licensee in accordance with division rule.
566          (b) (i) Notwithstanding Title 63G, Chapter 2, Government Records Access and
567     Management Act, the division may, upon request, release to an organ procurement
568     organization, as defined in Section 26-28-102, the names and addresses of all persons who
569     under Subsection (8)(a)(vi) indicate that they intend to make an anatomical gift.
570          (ii) An organ procurement organization may use released information only to:
571          (A) obtain additional information for an anatomical gift registry; and
572          (B) inform licensees of anatomical gift options, procedures, and benefits.
573          (16) Notwithstanding Title 63G, Chapter 2, Government Records Access and
574     Management Act, the division may release to the Department of Veterans' and Military Affairs
575     the names and addresses of all persons who indicate their status as a veteran under Subsection
576     (8)(a)(viii).
577          (17) The division and its employees are not liable, as a result of false or inaccurate
578     information provided under Subsection (8)(a)(vi) or (viii), for direct or indirect:
579          (a) loss;
580          (b) detriment; or
581          (c) injury.
582          (18) A person who knowingly fails to provide the information required under
583     Subsection (8)(a)(vii) is guilty of a class A misdemeanor.

584          (19) (a) Until December 1, 2014, a person born on or after December 1, 1964, may
585     hold both an unexpired Utah license certificate and an unexpired Utah identification card.
586          (b) On or after December 1, 2014, a person born on or after December 1, 1964:
587          (i) may not hold both an unexpired Utah license certificate and an unexpired
588     identification card; and
589          (ii) if the person has both an unexpired Utah license certificate and an unexpired Utah
590     identification card in the person's possession, shall be required to surrender either the unexpired
591     Utah license certificate or the unexpired Utah identification card.
592          (c) If a person has not surrendered either the Utah license certificate or the Utah
593     identification card as required under this Subsection (19), the division shall cancel the Utah
594     identification card on December 1, 2014.
595          (20) (a) Until December 1, 2017, a person born prior to December 1, 1964, may hold
596     both an unexpired Utah license certificate and an unexpired Utah identification card.
597          (b) On or after December 1, 2017, a person born prior to December 1, 1964:
598          (i) may not hold both an unexpired Utah license certificate and an unexpired
599     identification card; and
600          (ii) if the person has both an unexpired Utah license certificate and an unexpired Utah
601     identification card in the person's possession, shall be required to surrender either the unexpired
602     Utah license certificate or the unexpired Utah identification card.
603          (c) If a person has not surrendered either the Utah license certificate or the Utah
604     identification card as required under this Subsection (20), the division shall cancel the Utah
605     identification card on December 1, 2017.
606          (21) (a) A person who applies for an original motorcycle endorsement to a regular
607     license certificate is exempt from the requirement to pass the knowledge and skills test to be
608     eligible for the motorcycle endorsement if the person:
609          (i) is a resident of the state of Utah;
610          (ii) (A) is ordered to active duty and stationed outside of Utah in any of the armed
611     forces of the United States; or
612          (B) is an immediate family member or dependent of a person described in Subsection
613     (21)(a)(ii)(A) and is residing outside of Utah;
614          (iii) has a digitized driver license photo on file with the division;

615          (iv) provides proof to the division of the successful completion of a certified
616     Motorcycle Safety Foundation rider training course; and
617          (v) provides the necessary information and documentary evidence required under
618     Subsection (8).
619          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
620     division shall make rules:
621          (i) establishing the procedures for a person to obtain a motorcycle endorsement under
622     this Subsection (21); and
623          (ii) identifying the applicable restrictions for a motorcycle endorsement issued under
624     this Subsection (21).
625          Section 7. Section 53-3-223 is amended to read:
626          53-3-223. Chemical test for driving under the influence -- Temporary license --
627     Hearing and decision -- Suspension and fee -- Judicial review.
628          (1) (a) If a peace officer has reasonable grounds to believe that a person may be
629     violating or has violated Section 41-6a-502, prohibiting the operation of a vehicle with a
630     certain blood or breath alcohol concentration and driving under the influence of any drug,
631     alcohol, or combination of a drug and alcohol or while having any measurable controlled
632     substance or metabolite of a controlled substance in the person's body in violation of Section
633     41-6a-517, the peace officer may, in connection with arresting the person, request that the
634     person submit to a chemical test or tests to be administered in compliance with the standards
635     under Section 41-6a-520.
636          (b) In this section, a reference to Section 41-6a-502 includes any similar local
637     ordinance adopted in compliance with Subsection 41-6a-510(1).
638          (2) The peace officer shall advise a person prior to the person's submission to a
639     chemical test that a test result indicating a violation of Section 41-6a-502 or 41-6a-517 shall,
640     and the existence of a blood alcohol content sufficient to render the person incapable of safely
641     driving a motor vehicle may, result in suspension or revocation of the person's license to drive
642     a motor vehicle.
643          (3) If the person submits to a chemical test and the test results indicate a blood or
644     breath alcohol content in violation of Section 41-6a-502 or 41-6a-517, or if a peace officer
645     makes a determination, based on reasonable grounds, that the person is otherwise in violation

646     of Section 41-6a-502, a peace officer shall, on behalf of the division and within 24 hours of
647     arrest, give notice of the division's intention to suspend the person's license to drive a motor
648     vehicle.
649          (4) (a) When a peace officer gives notice on behalf of the division, the peace officer
650     shall:
651          (i) take the Utah license certificate or permit, if any, of the driver;
652          (ii) issue a temporary license certificate effective for only 29 days from the date of
653     arrest; and
654          (iii) supply to the driver, in a manner specified by the division, basic information
655     regarding how to obtain a prompt hearing before the division.
656          (b) A citation issued by a peace officer may, if provided in a manner specified by the
657     division, also serve as the temporary license certificate.
658          (5) As a matter of procedure, a peace officer shall send to the division within 10
659     calendar days after the day on which notice is provided:
660          (a) the person's license certificate;
661          (b) a copy of the citation issued for the offense;
662          (c) a signed report in a manner specified by the division indicating the chemical test
663     results, if any; and
664          (d) any other basis for the peace officer's determination that the person has violated
665     Section 41-6a-502 or 41-6a-517.
666          (6) (a) Upon request in a manner specified by the division, the division shall grant to
667     the person an opportunity to be heard within 29 days after the date of arrest. The request to be
668     heard shall be made within 10 calendar days of the day on which notice is provided under
669     Subsection (5).
670          (b) (i) Except as provided in Subsection (6)(b)(ii), a hearing, if held, shall be before the
671     division in:
672          (A) the county in which the arrest occurred; or
673          (B) a county that is adjacent to the county in which the arrest occurred.
674          (ii) The division may hold a hearing in some other county if the division and the person
675     both agree.
676          (c) The hearing shall be documented and shall cover the issues of:

677          (i) whether a peace officer had reasonable grounds to believe the person was driving a
678     motor vehicle in violation of Section 41-6a-502 or 41-6a-517;
679          (ii) whether the person refused to submit to the test; and
680          (iii) the test results, if any.
681          (d) (i) In connection with a hearing the division or its authorized agent:
682          (A) may administer oaths and may issue subpoenas for the attendance of witnesses and
683     the production of relevant books and papers; or
684          (B) may issue subpoenas for the attendance of necessary peace officers.
685          (ii) The division shall pay witness fees and mileage from the Transportation Fund in
686     accordance with the rates established in Section 78B-1-119.
687          (e) The division may designate one or more employees to conduct the hearing.
688          (f) Any decision made after a hearing before any designated employee is as valid as if
689     made by the division.
690          (7) (a) If, after a hearing, the division determines that a peace officer had reasonable
691     grounds to believe that the person was driving a motor vehicle in violation of Section
692     41-6a-502 or 41-6a-517, if the person failed to appear before the division as required in the
693     notice, or if a hearing is not requested under this section, the division shall:
694          (i) if the person is 21 years of age or older at the time of arrest and the arrest was made
695     on or after July 1, 2009, suspend the person's license or permit to operate a motor vehicle for a
696     period of:
697          (A) 120 days beginning on the 30th day after the date of arrest for a first suspension; or
698          (B) two years beginning on the 30th day after the date of arrest for a second or
699     subsequent suspension for an offense that occurred within the previous 10 years; or
700          (ii) if the person is under 21 years of age at the time of arrest and the arrest was made
701     on or after May 14, 2013:
702          (A) suspend the person's license or permit to operate a motor vehicle:
703          (I) for a period of six months, beginning on the 30th day after the date of arrest for a
704     first suspension; or
705          (II) until the person is 21 years of age or for a period of two years, whichever is longer,
706     beginning on the 30th day after the date of arrest for a second or subsequent suspension for an
707     offense that occurred within the previous 10 years; or

708          (B) deny the person's application for a license or learner's permit:
709          (I) for a period of six months for a first suspension, if the person has not been issued an
710     operator license; or
711          (II) until the person is 21 years of age or for a period of two years, whichever is longer,
712     beginning on the 30th day after the date of arrest for a second or subsequent suspension for an
713     offense that occurred within the previous 10 years.
714          (b) The division shall deny or suspend a person's license for the denial and suspension
715     periods in effect:
716          (i) prior to July 1, 2009, for an offense that was committed prior to July 1, 2009;
717          (ii) from July 1, 2009, through June 30, 2011, if:
718          (A) the person was 20 years 6 months of age or older but under 21 years of age at the
719     time of arrest; and
720          (B) the conviction under Subsection (2) is for an offense that was committed on or
721     after July 1, 2009, and prior to July 1, 2011; or
722          (iii) prior to May 14, 2013, for an offense that was committed prior to May 14, 2013.
723          (c) (i) Notwithstanding the provisions in Subsection (7)(a)(i)(A), the division shall
724     reinstate a person's license prior to completion of the 120 day suspension period imposed under
725     Subsection (7)(a)(i)(A):
726          (A) immediately upon receiving written verification of the person's dismissal of a
727     charge for a violation of Section 41-6a-502 or 41-6a-517, if the written verification is received
728     prior to completion of the suspension period; or
729          (B) no sooner than 60 days beginning on the 30th day after the date of arrest upon
730     receiving written verification of the person's reduction of a charge for a violation of Section
731     41-6a-502 or 41-6a-517, if the written verification is received prior to completion of the
732     suspension period.
733          (ii) Notwithstanding the provisions in Subsection (7)(a)(i)(A) or (7)(b), the division
734     shall reinstate a person's license prior to completion of the 120-day suspension period imposed
735     under Subsection (7)(a)(i)(A) immediately upon receiving written verification of the person's
736     conviction of impaired driving under Section 41-6a-502.5 if:
737          (A) the written verification is received prior to completion of the suspension period;
738     and

739          (B) the reporting court notifies the Driver License Division that the defendant is
740     participating in or has successfully completed the program of a driving under the influence
741     court as defined in Section 41-6a-501.
742          (iii) If a person's license is reinstated under this Subsection (7)(c), the person is
743     required to pay the license reinstatement fees under Subsections 53-3-105[(23) and](24) and
744     (25).
745          (iv) The driver license reinstatements authorized under this Subsection (7)(c) only
746     apply to a 120 day suspension period imposed under Subsection (7)(a)(i)(A).
747          (8) (a) Notwithstanding the provisions in Subsection (7)(b)(iii), the division shall
748     shorten a person's two-year license suspension period that is currently in effect to a six-month
749     suspension period if:
750          (i) the driver was under the age of 19 at the time of arrest;
751          (ii) the offense was a first offense that was committed prior to May 14, 2013; and
752          (iii) the suspension under Subsection (7)(b)(iii) was based on the same occurrence
753     upon which the following written verifications are based:
754          (A) a court order shortening the driver license suspension for a violation of Section
755     41-6a-502 pursuant to Subsection 41-6a-509(8);
756          (B) a court order shortening the driver license suspension for a violation of Section
757     41-6a-517 pursuant to Subsection 41-6a-517(11);
758          (C) a court order shortening the driver license suspension for a violation of Section
759     32B-4-409;
760          (D) a dismissal for a violation of Section 41-6a-502, Section 41-6a-517, or Section
761     32B-4-409;
762          (E) a notice of declination to prosecute for a charge under Section 41-6a-502, Section
763     41-6a-517, or Section 32B-4-409;
764          (F) a reduction of a charge under Section 41-6a-502, Section 41-6a-517, or Section
765     32B-4-409; or
766          (G) other written documentation acceptable to the division.
767          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
768     division may make rules establishing requirements for acceptable written documentation to
769     shorten a person's driver license suspension period under Subsection (8)(a)(iii)(G).

770          (c) If a person's license sanction is shortened under this Subsection (8), the person is
771     required to pay the license reinstatement fees under Subsections 53-3-105[(23) and](24) and
772     (25).
773          (9) (a) The division shall assess against a person, in addition to any fee imposed under
774     Subsection 53-3-205(12) for driving under the influence, a fee under Section 53-3-105 to cover
775     administrative costs, which shall be paid before the person's driving privilege is reinstated.
776     This fee shall be cancelled if the person obtains an unappealed division hearing or court
777     decision that the suspension was not proper.
778          (b) A person whose license has been suspended by the division under this section
779     following an administrative hearing may file a petition within 30 days after the suspension for a
780     hearing on the matter which, if held, is governed by Section 53-3-224.
781          (10) (a) Notwithstanding the provisions in Subsection (7)(a)(i) or (ii), the division shall
782     reinstate a person's license before completion of the suspension period imposed under
783     Subsection (7)(a)(i) or (ii) if the reporting court notifies the Driver License Division that the
784     defendant is participating in or has successfully completed a 24-7 sobriety program as defined
785     in Section 41-6a-515.5.
786          (b) If a person's license is reinstated under Subsection (10)(a), the person is required to
787     pay the license reinstatement fees under Subsections 53-3-105[(23) and](24) and (25).
788          Section 8. Section 53-3-231 is amended to read:
789          53-3-231. Person under 21 may not operate a vehicle or motorboat with
790     detectable alcohol in body -- Chemical test procedures -- Temporary license -- Hearing
791     and decision -- Suspension of license or operating privilege -- Fees -- Judicial review --
792     Referral to local substance abuse authority or program.
793          (1) (a) As used in this section:
794          (i) "Local substance abuse authority" has the same meaning as provided in Section
795     62A-15-102.
796          (ii) "Substance abuse program" means any substance abuse program licensed by the
797     Department of Human Services or the Department of Health and approved by the local
798     substance abuse authority.
799          (b) Calculations of blood, breath, or urine alcohol concentration under this section shall
800     be made in accordance with the procedures in Subsection 41-6a-502(1).

801          (2) (a) A person younger than 21 years of age may not operate or be in actual physical
802     control of a vehicle or motorboat with any measurable blood, breath, or urine alcohol
803     concentration in the person's body as shown by a chemical test.
804          (b) A person who violates Subsection (2)(a), in addition to any other applicable
805     penalties arising out of the incident, shall have the person's operator license denied or
806     suspended as provided in Subsection (8).
807          (3) (a) When a peace officer has reasonable grounds to believe that a person may be
808     violating or has violated Subsection (2), the peace officer may, in connection with arresting the
809     person for a violation of Section 32B-4-409, request that the person submit to a chemical test
810     or tests to be administered in compliance with the standards under Section 41-6a-520.
811          (b) The peace officer shall advise a person prior to the person's submission to a
812     chemical test that a test result indicating a violation of Subsection (2)(a) will result in denial or
813     suspension of the person's license to operate a motor vehicle or a refusal to issue a license.
814          (c) If the person submits to a chemical test and the test results indicate a blood, breath,
815     or urine alcohol content in violation of Subsection (2)(a), or if a peace officer makes a
816     determination, based on reasonable grounds, that the person is otherwise in violation of
817     Subsection (2)(a), a peace officer shall, on behalf of the division and within 24 hours of the
818     arrest, give notice of the division's intention to deny or suspend the person's license to operate a
819     vehicle or refusal to issue a license under this section.
820          (4) When a peace officer gives notice on behalf of the division, the peace officer shall:
821          (a) take the Utah license certificate or permit, if any, of the operator;
822          (b) issue a temporary license certificate effective for only 29 days from the date of
823     arrest if the driver had a valid operator's license; and
824          (c) supply to the operator, in a manner specified by the division, basic information
825     regarding how to obtain a prompt hearing before the division.
826          (5) A citation issued by a peace officer may, if provided in a manner specified by the
827     division, also serve as the temporary license certificate under Subsection (4)(b).
828          (6) As a matter of procedure, a peace officer shall send to the division within 10
829     calendar days after the day on which notice is provided:
830          (a) the person's driver license certificate, if any;
831          (b) a copy of the citation issued for the offense;

832          (c) a signed report in a manner specified by the Driver License Division indicating the
833     chemical test results, if any; and
834          (d) any other basis for a peace officer's determination that the person has violated
835     Subsection (2).
836          (7) (a) (i) Upon request in a manner specified by the division, the Driver License
837     Division shall grant to the person an opportunity to be heard within 29 days after the date of
838     arrest under Section 32B-4-409.
839          (ii) The request shall be made within 10 calendar days of the day on which notice is
840     provided.
841          (b) (i) Except as provided in Subsection (7)(b)(ii), a hearing, if held, shall be before the
842     division in:
843          (A) the county in which the arrest occurred; or
844          (B) a county that is adjacent to the county in which the arrest occurred.
845          (ii) The division may hold a hearing in some other county if the division and the person
846     both agree.
847          (c) The hearing shall be documented and shall cover the issues of:
848          (i) whether a peace officer had reasonable grounds to believe the person was operating
849     a motor vehicle or motorboat in violation of Subsection (2)(a);
850          (ii) whether the person refused to submit to the test; and
851          (iii) the test results, if any.
852          (d) In connection with a hearing, the division or its authorized agent may administer
853     oaths and may issue subpoenas for the attendance of witnesses and the production of relevant
854     books and papers and records as defined in Section 46-4-102.
855          (e) One or more members of the division may conduct the hearing.
856          (f) Any decision made after a hearing before any number of the members of the
857     division is as valid as if made after a hearing before the full membership of the division.
858          (8) If, after a hearing, the division determines that a peace officer had reasonable
859     grounds to believe that the person was driving a motor vehicle in violation of Subsection (2)(a),
860     if the person fails to appear before the division as required in the notice, or if the person does
861     not request a hearing under this section, the division shall for a person under 21 years of age on
862     the date of arrest:

863          (a) deny the person's license until the person complies with Subsection (12)(b)(i) but
864     for a period of not less than six months beginning on the 30th day after the date of arrest for a
865     first offense under Subsection (2)(a) committed on or after May 14, 2013;
866          (b) suspend the person's license until the person complies with Subsection (12)(b)(i)
867     and until the person is 21 years of age or for a period of two years, whichever is longer,
868     beginning on the 30th day after the date of arrest for a second or subsequent offense under
869     Subsection (2)(a) committed on or after July 1, 2009, and within 10 years of a prior denial or
870     suspension;
871          (c) deny the person's application for a license or learner's permit until the person
872     complies with Subsection (12)(b)(i) but for a period of not less than six months if:
873          (i) the person has not been issued an operator license; and
874          (ii) the suspension is for a first offense under Subsection (2)(a) committed on or after
875     July 1, 2009;
876          (d) deny the person's application for a license or learner's permit until the person
877     complies with Subsection (12)(b)(i) and until the person is 21 years of age or for a period of
878     two years, whichever is longer, if:
879          (i) the person has not been issued an operator license; and
880          (ii) the suspension is for a second or subsequent offense under Subsection (2)(a)
881     committed on or after July 1, 2009, and within 10 years of a prior denial or suspension; or
882          (e) deny or suspend a person's license for the denial and suspension periods in effect:
883          (i) prior to July 1, 2009, for a violation under Subsection (2)(a) that was committed
884     prior to July 1, 2009;
885          (ii) from July 1, 2009, through June 30, 2011, if the person was 20 years 6 months of
886     age or older but under 21 years of age at the time of arrest and the conviction under Subsection
887     (2) is for an offense that was committed on or after July 1, 2009, and prior to July 1, 2011; or
888          (iii) prior to May 14, 2013, for a violation under Subsection (2)(a) that was committed
889     prior to May 14, 2013.
890          (9) (a) Notwithstanding the provisions in Subsection (8)(e)(iii), the division shall
891     shorten a person's one-year license suspension or denial period that is currently in effect to a
892     six-month suspension or denial period if:
893          (i) the driver was under the age of 19 at the time of arrest;

894          (ii) the offense was a first offense that was committed prior to May 14, 2013; and
895          (iii) the suspension or denial under Subsection (8)(e)(iii) was based on the same
896     occurrence upon which the following written verifications are based:
897          (A) a court order shortening the driver license suspension for a violation of Section
898     41-6a-502 pursuant to Subsection 41-6a-509(8);
899          (B) a court order shortening the driver license suspension for a violation of Section
900     41-6a-517 pursuant to Subsection 41-6a-517(11);
901          (C) a court order shortening the driver license suspension for a violation of Section
902     32B-4-409;
903          (D) a dismissal for a violation of Section 41-6a-502, Section 41-6a-517, or Section
904     32B-4-409;
905          (E) a notice of declination to prosecute for a charge under Section 41-6a-502, Section
906     41-6a-517, or Section 32B-4-409;
907          (F) a reduction of a charge under Section 41-6a-502, Section 41-6a-517, or Section
908     32B-4-409; or
909          (G) other written documentation acceptable to the division.
910          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
911     division may make rules establishing requirements for acceptable documentation to shorten a
912     person's driver license suspension or denial period under this Subsection (9).
913          (c) If a person's license sanction is shortened under this Subsection (9), the person is
914     required to pay the license reinstatement fees under Subsections 53-3-105[(23) and](24) and
915     (25).
916          (10) (a) (i) Following denial or suspension the division shall assess against a person, in
917     addition to any fee imposed under Subsection 53-3-205(12), a fee under Section 53-3-105,
918     which shall be paid before the person's driving privilege is reinstated, to cover administrative
919     costs.
920          (ii) This fee shall be canceled if the person obtains an unappealed division hearing or
921     court decision that the suspension was not proper.
922          (b) A person whose operator license has been denied, suspended, or postponed by the
923     division under this section following an administrative hearing may file a petition within 30
924     days after the suspension for a hearing on the matter which, if held, is governed by Section

925     53-3-224.
926          (11) After reinstatement of an operator license for a first offense under this section, a
927     report authorized under Section 53-3-104 may not contain evidence of the denial or suspension
928     of the person's operator license under this section if the person has not been convicted of any
929     other offense for which the denial or suspension may be extended.
930          (12) (a) In addition to the penalties in Subsection (8), a person who violates Subsection
931     (2)(a) shall:
932          (i) obtain an assessment and recommendation for appropriate action from a substance
933     abuse program, but any associated costs shall be the person's responsibility; or
934          (ii) be referred by the division to the local substance abuse authority for an assessment
935     and recommendation for appropriate action.
936          (b) (i) Reinstatement of the person's operator license or the right to obtain an operator
937     license within five years of the effective date of the license sanction under Subsection (8) is
938     contingent upon successful completion of the action recommended by the local substance
939     abuse authority or the substance abuse program.
940          (ii) The local substance abuse authority's or the substance abuse program's
941     recommended action shall be determined by an assessment of the person's alcohol abuse and
942     may include:
943          (A) a targeted education and prevention program;
944          (B) an early intervention program; or
945          (C) a substance abuse treatment program.
946          (iii) Successful completion of the recommended action shall be determined by
947     standards established by the Division of Substance Abuse and Mental Health.
948          (c) At the conclusion of the penalty period imposed under Subsection (2), the local
949     substance abuse authority or the substance abuse program shall notify the division of the
950     person's status regarding completion of the recommended action.
951          (d) The local substance abuse authorities and the substance abuse programs shall
952     cooperate with the division in:
953          (i) conducting the assessments;
954          (ii) making appropriate recommendations for action; and
955          (iii) notifying the division about the person's status regarding completion of the

956     recommended action.
957          (e) (i) The local substance abuse authority is responsible for the cost of the assessment
958     of the person's alcohol abuse, if the assessment is conducted by the local substance abuse
959     authority.
960          (ii) The local substance abuse authority or a substance abuse program selected by a
961     person is responsible for:
962          (A) conducting an assessment of the person's alcohol abuse; and
963          (B) for making a referral to an appropriate program on the basis of the findings of the
964     assessment.
965          (iii) (A) The person who violated Subsection (2)(a) is responsible for all costs and fees
966     associated with the recommended program to which the person selected or is referred.
967          (B) The costs and fees under Subsection (12)(e)(iii)(A) shall be based on a sliding scale
968     consistent with the local substance abuse authority's policies and practices regarding fees for
969     services or determined by the substance abuse program.
970          Section 9. Section 53-5-706 is amended to read:
971          53-5-706. Permit -- Fingerprints transmitted to bureau -- Report from bureau.
972          (1) (a) Except as provided in Subsection (2), the fingerprints of each applicant for a
973     permit under Section 53-5-707 or 53-5-707.5 shall be taken on a form prescribed by the bureau.
974          (b) Upon receipt of the fingerprints, the applicant fingerprint card fee prescribed in
975     Section 53-10-108, and the fee prescribed in Section 53-5-707 or 53-5-707.5, the bureau shall
976     conduct a search of its files for criminal history information pertaining to the applicant, and
977     shall request the Federal Bureau of Investigation to conduct a similar search through its files.
978          (c) If the fingerprints are insufficient for the Federal Bureau of Investigation to conduct
979     a search of its files for criminal history information, the application or concealed firearm permit
980     may be denied, suspended, or revoked until sufficient fingerprints are submitted by the
981     applicant.
982          (2) (a) If the permit applicant has previously applied to the bureau for a permit to carry
983     concealed firearms, the bureau shall note the previous identification numbers and other data
984     which would provide positive identification in the files of the bureau on the copy of any
985     subsequent permit submitted to the bureau in accordance with this section.
986          (b) No additional application form, fingerprints, or fee are required under this

987     Subsection (2).
988          Section 10. Section 53-5-707 is amended to read:
989          53-5-707. Concealed firearm permit -- Fees -- Concealed Weapons Account.
990          (1) (a) An applicant for a concealed firearm permit shall pay a fee of [$24.75] $25 at
991     the time of filing an application.
992          (b) A nonresident applicant shall pay an additional $10 for the additional cost of
993     processing a nonresident application.
994          (c) The bureau shall waive the initial fee for an applicant who is a law enforcement
995     officer under Section 53-13-103.
996          (d) Concealed firearm permit renewal fees for active duty service members and the
997     spouse of an active duty service member shall be waived.
998          (2) The renewal fee for the permit is [$15.] $20. A nonresident shall pay an additional
999     $5 for the additional cost of processing a nonresidential renewal.
1000          (3) The replacement fee for the permit is $10.
1001          (4) (a) The late fee for the renewal permit is $7.50.
1002          (b) As used in this section, "late fee" means the fee charged by the bureau for a renewal
1003     submitted on a permit that has been expired for more than 30 days but less than one year.
1004          (5) (a) There is created a restricted account within the General Fund known as the
1005     "Concealed Weapons Account."
1006          (b) The account shall be funded from fees collected under this section and Section
1007     53-5-707.5.
1008          (c) Funds in the account shall be used to cover costs relating to the issuance of
1009     concealed firearm permits under this part and may not be used for any other purpose.
1010          (6) (a) The bureau may collect any fees charged by an outside agency for additional
1011     services required by statute as a prerequisite for issuance of a permit.
1012          [(b) The bureau may modify the fee under Subsection (1)(a) by adjusting that fee so
1013     that the total of the fee under Subsection (1)(a) and the fee under Subsection (6)(a) is the
1014     nearest even dollar amount to that total.]
1015          [(c)] (b) The bureau shall promptly forward any fees collected under Subsection (6)(a)
1016     to the appropriate agency.
1017          (7) The bureau shall make an annual report in writing to the Legislature's Law

1018     Enforcement and Criminal Justice Interim Committee on the amount and use of the fees
1019     collected under this section and Section 53-5-707.5.
1020          Section 11. Section 53-5-707.5 is amended to read:
1021          53-5-707.5. Provisional concealed firearm permit -- Fees -- Disposition of fees.
1022          (1) (a) An applicant for a provisional concealed firearm permit, as described in Section
1023     53-5-704.5, shall pay a fee of [$24.75] $25 at the time of filing an application.
1024          (b) A nonresident applicant shall pay an additional $10 for the additional cost of
1025     processing a nonresident application.
1026          (2) The replacement fee for the permit is $10.
1027          (3) Fees collected under this section shall be remitted to the Concealed Weapons
1028     Account, as described in Subsection 53-5-707(5).
1029          (4) (a) The bureau may collect any fees charged by an outside agency for additional
1030     services required by statute as a prerequisite for issuance of a permit.
1031          [(b) The bureau may modify the fee under Subsection (1)(a) by adjusting that fee so
1032     that the total of the fee under Subsection (1)(a) and the fee under Subsection (4)(a) is the
1033     nearest even dollar amount to that total.]
1034          [(c)] (b) The bureau shall promptly forward any fees collected under Subsection (4)(a)
1035     to the appropriate agency.
1036          Section 12. Section 53-7-223 is amended to read:
1037          53-7-223. State license for display operators, special effects operators, and flame
1038     effects operators -- Permit -- Fee -- Division duties -- Revocation.
1039          (1) (a) A person may not purchase or possess display fireworks, special effects
1040     fireworks, or flame effects, or discharge any of them in public unless the person has obtained
1041     the appropriate license from the division, except under Subsection (1)(b).
1042          (b) (i) Subsection (1)(a) does not apply to any person who participates in a meeting, as
1043     limited under Subsection (1)(b)(ii), with other persons solely to receive training, to practice, or
1044     provide instruction regarding flame effects performance.
1045          (ii) A meeting under Subsection (1)(b)(i) may include a nonpaying and unsolicited
1046     audience of not more than 25 persons.
1047          (2) The division shall:
1048          (a) issue an annual license to any display operator, special effects operator, or flame

1049     effects operator who:
1050          (i) applies for the permit;
1051          (ii) pays [a $40] the fee set in accordance with Section 63J-1-504 ;
1052          (iii) demonstrates proof of competence; and
1053          (iv) certifies that the operator will comply with board rules governing placement and
1054     discharge of fireworks or flame effects;
1055          (b) provide the licensee with a copy of the rules governing placement and discharge of
1056     fireworks or flame effects made under Section 53-7-204; and
1057          (c) together with county and municipal officers enforce Sections 53-7-220 through
1058     53-7-225.
1059          (3) The division may:
1060          (a) revoke a license issued under this section for cause;
1061          (b) seize display and special effects fireworks, fireworks, and unclassified fireworks
1062     that are offered for sale, sold, or in the possession of an individual in violation of Sections
1063     53-7-220 through 53-7-225;
1064          (c) prevent or stop the use of flame effects that is unlawful or that is endangering
1065     persons or property; and
1066          (d) create application and certification forms.
1067          Section 13. Section 53-7-224 is amended to read:
1068          53-7-224. Licensing importers and wholesalers -- Fee.
1069          The division shall:
1070          (1) annually license each importer and wholesaler of pyrotechnic devices; and
1071          (2) charge an annual license fee [of $250] set in accordance with Section 63J-1-504 .
1072          Section 14. Section 53-9-111 is amended to read:
1073          53-9-111. License and registration fees -- Deposit in General Fund.
1074          (1) Fees for individual and agency licensure and renewal [are as follows:] shall be in
1075     accordance with Section 63J-1-504.
1076          [(a) for an original agency license application and license, $215, plus an additional fee
1077     for the costs of fingerprint processing and background investigation;]
1078          [(b) for the renewal of an agency license, $115;]
1079          [(c) for an original registrant or apprentice license application and license, $115, plus

1080     an additional fee for the costs of fingerprint processing and background investigation;]
1081          [(d) for the renewal of a registrant or apprentice license, $65;]
1082          [(e) for filing an agency renewal application more than 30 days after the expiration date
1083     of the license, a delinquency fee of $65;]
1084          [(f) for filing a registrant or apprentice renewal application more than 30 days after the
1085     expiration date of the registration, a delinquency fee of $45;]
1086          [(g) for the reinstatement of any license, $65;]
1087          [(h) for a duplicate identification card, $25; and]
1088          [(i) for the fingerprint processing fee, an amount that does not exceed the cost to the
1089     bureau charged by the Federal Bureau of Investigation for fingerprint processing for the
1090     purpose of obtaining federal criminal history record information.]
1091          (2) (a) The bureau may renew a license granted under this chapter:
1092          (i) to a resident of the state;
1093          (ii) upon receipt of a renewal application on forms as prescribed by the bureau; and
1094          (iii) upon receipt of the fees prescribed in Subsection (1).
1095          (b) (i) The renewal of a license requires the filing of all certificates of insurance or
1096     proof of surety bond as required by this chapter.
1097          (ii) Renewal of a license may not be granted more than 180 days after expiration.
1098          (c) A licensee may not engage in activity subject to this chapter during the period
1099     between the date of expiration of the license and the renewal of the license.
1100          (3) (a) The bureau shall renew a suspended license if:
1101          (i) the period of suspension has been completed;
1102          (ii) the bureau has received a renewal application from the applicant on forms
1103     prescribed by the bureau; and
1104          (iii) the applicant has:
1105          (A) filed all certificates of insurance or proof of surety bond as required by this
1106     chapter; and
1107          (B) paid the fees required by this section for renewal, including a delinquency fee if the
1108     application is not received by the bureau within 30 days of the termination of the suspension.
1109          (b) Renewal of the license does not entitle the licensee, while the license remains
1110     suspended and until it is reinstated, to engage in activity regulated by this chapter, or in other

1111     activity or conduct in violation of the order or judgment by which the license was suspended.
1112          (4) The bureau may not reinstate a revoked license or accept an application for a
1113     license from a person whose license has been revoked for at least one year from the date of
1114     revocation.
1115          (5) All fees, except the fingerprint processing fee, collected by the bureau under this
1116     section shall be deposited in the General Fund.
1117          Section 15. Section 53-10-108 is amended to read:
1118          53-10-108. Restrictions on access, use, and contents of division records -- Limited
1119     use of records for employment purposes -- Challenging accuracy of records -- Usage fees
1120     -- Missing children records -- Penalty for misuse of records.
1121          (1) As used in this section:
1122          (a) "FBI Rap Back System" means the rap back system maintained by the Federal
1123     Bureau of Investigation.
1124          (b) "Rap back system" means a system that enables authorized entities to receive
1125     ongoing status notifications of any criminal history reported on individuals whose fingerprints
1126     are registered in the system.
1127          (c) "WIN Database" means the Western Identification Network Database that consists
1128     of eight western states sharing one electronic fingerprint database.
1129          (2) Dissemination of information from a criminal history record, including information
1130     obtained from a fingerprint background check or name check, or warrant of arrest information
1131     from division files is limited to:
1132          (a) criminal justice agencies for purposes of administration of criminal justice and for
1133     employment screening by criminal justice agencies;
1134          (b) noncriminal justice agencies or individuals for any purpose authorized by statute,
1135     executive order, court rule, court order, or local ordinance;
1136          (c) agencies or individuals for the purpose of obtaining required clearances connected
1137     with foreign travel or obtaining citizenship;
1138          (d) (i) agencies or individuals pursuant to a specific agreement with a criminal justice
1139     agency to provide services required for the administration of criminal justice; and
1140          (ii) the agreement shall specifically authorize access to data, limit the use of the data to
1141     purposes for which given, and ensure the security and confidentiality of the data;

1142          (e) agencies or individuals for the purpose of a preplacement adoptive study, in
1143     accordance with the requirements of Sections 78B-6-128 and 78B-6-130;
1144          (f) (i) agencies and individuals as the commissioner authorizes for the express purpose
1145     of research, evaluative, or statistical activities pursuant to an agreement with a criminal justice
1146     agency; and
1147          (ii) private security agencies through guidelines established by the commissioner for
1148     employment background checks for their own employees and prospective employees;
1149          (g) a qualifying entity for employment background checks for their own employees and
1150     persons who have applied for employment with the qualifying entity; and
1151          (h) other agencies and individuals as the commissioner authorizes and finds necessary
1152     for protection of life and property and for offender identification, apprehension, and
1153     prosecution pursuant to an agreement.
1154          (3) An agreement under Subsection (2)(f) or (2)(h) shall specifically authorize access
1155     to data, limit the use of data to research, evaluative, or statistical purposes, preserve the
1156     anonymity of individuals to whom the information relates, and ensure the confidentiality and
1157     security of the data.
1158          (4) (a) Before requesting information under Subsection (2)(g), a qualifying entity must
1159     obtain a signed waiver from the person whose information is requested.
1160          (b) The waiver must notify the signee:
1161          (i) that a criminal history background check will be conducted;
1162          (ii) who will see the information; and
1163          (iii) how the information will be used.
1164          (c) Information received by a qualifying entity under Subsection (2)(g) may only be:
1165          (i) available to persons involved in the hiring or background investigation of the
1166     employee; and
1167          (ii) used for the purpose of assisting in making an employment or promotion decision.
1168          (d) A person who disseminates or uses information obtained from the division under
1169     Subsection (2)(g) for purposes other than those specified under Subsection (4)(c), in addition to
1170     any penalties provided under this section, is subject to civil liability.
1171          (e) A qualifying entity that obtains information under Subsection (2)(g) shall provide
1172     the employee or employment applicant an opportunity to:

1173          (i) review the information received as provided under Subsection (9); and
1174          (ii) respond to any information received.
1175          (f) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1176     division may make rules to implement this Subsection (4).
1177          (g) The division or its employees are not liable for defamation, invasion of privacy,
1178     negligence, or any other claim in connection with the contents of information disseminated
1179     under Subsection (2)(g).
1180          (5) (a) Any criminal history record information obtained from division files may be
1181     used only for the purposes for which it was provided and may not be further disseminated,
1182     except under Subsection (5)(b), (c), or (d).
1183          (b) A criminal history provided to an agency pursuant to Subsection (2)(e) may be
1184     provided by the agency to the person who is the subject of the history, another licensed
1185     child-placing agency, or the attorney for the adoptive parents for the purpose of facilitating an
1186     adoption.
1187          (c) A criminal history of a defendant provided to a criminal justice agency under
1188     Subsection (2)(a) may also be provided by the prosecutor to a defendant's defense counsel,
1189     upon request during the discovery process, for the purpose of establishing a defense in a
1190     criminal case.
1191          (d) A public transit district, as described in Title 17B, Chapter 2a, Part 8, Public
1192     Transit District Act, that is under contract with a state agency to provide services may, for the
1193     purposes of complying with Subsection 62A-5-103.5(5), provide a criminal history record to
1194     the state agency or the agency's designee.
1195          (6) The division may not disseminate criminal history record information to qualifying
1196     entities under Subsection (2)(g) regarding employment background checks if the information is
1197     related to charges:
1198          (a) that have been declined for prosecution;
1199          (b) that have been dismissed; or
1200          (c) regarding which a person has been acquitted.
1201          (7) (a) This section does not preclude the use of the division's central computing
1202     facilities for the storage and retrieval of criminal history record information.
1203          (b) This information shall be stored so it cannot be modified, destroyed, or accessed by

1204     unauthorized agencies or individuals.
1205          (8) Direct access through remote computer terminals to criminal history record
1206     information in the division's files is limited to those agencies authorized by the commissioner
1207     under procedures designed to prevent unauthorized access to this information.
1208          (9) (a) The commissioner shall establish procedures to allow an individual right of
1209     access to review and receive a copy of the individual's criminal history report.
1210          (b) A processing fee for the right of access service, including obtaining a copy of the
1211     individual's criminal history report under Subsection (9)(a) [is $15 . This fee remains in effect
1212     until changed by the commissioner through the process under] shall be set in accordance with
1213     Section 63J-1-504.
1214          (c) (i) The commissioner shall establish procedures for an individual to challenge the
1215     completeness and accuracy of criminal history record information contained in the division's
1216     computerized criminal history files regarding that individual.
1217          (ii) These procedures shall include provisions for amending any information found to
1218     be inaccurate or incomplete.
1219          (10) The private security agencies as provided in Subsection (2)(f)(ii):
1220          (a) shall be charged for access; and
1221          (b) shall be registered with the division according to rules made by the division under
1222     Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
1223          (11) Before providing information requested under this section, the division shall give
1224     priority to criminal justice agencies needs.
1225          (12) (a) It is a class B misdemeanor for a person to knowingly or intentionally access,
1226     use, disclose, or disseminate a record created, maintained, or to which access is granted by the
1227     division or any information contained in a record created, maintained, or to which access is
1228     granted by the division for a purpose prohibited or not permitted by statute, rule, regulation, or
1229     policy of a governmental entity.
1230          (b) A person who discovers or becomes aware of any unauthorized use of records
1231     created or maintained, or to which access is granted by the division shall inform the
1232     commissioner and the director of the Utah Bureau of Criminal Identification of the
1233     unauthorized use.
1234          (13) (a) Subject to Subsection (13)(b), a qualifying entity or an entity described in

1235     Subsection (2)(b) may request that the division register fingerprints taken for the purpose of
1236     conducting current and future criminal background checks under this section with:
1237          (i) the WIN Database rap back system, or any successor system;
1238          (ii) the FBI Rap Back System; or
1239          (iii) a system maintained by the division.
1240          (b) A qualifying entity or an entity described in Subsection (2)(b) may only make a
1241     request under Subsection (13)(a) if the entity:
1242          (i) has the authority through state or federal statute or federal executive order;
1243          (ii) obtains a signed waiver from the individual whose fingerprints are being registered;
1244     and
1245          (iii) establishes a privacy risk mitigation strategy to ensure that the entity only receives
1246     notifications for individuals with whom the entity maintains an authorizing relationship.
1247          (14) The division is authorized to submit fingerprints to the FBI Rap Back System to
1248     be retained in the FBI Rap Back System for the purpose of being searched by future
1249     submissions to the FBI Rap Back System, including latent fingerprint searches.
1250          [(15) (a) (i) The applicant fingerprint card fee under Subsection (2) is $20.]
1251          [(ii) The name check fee under Subsection (2) is $15.]
1252          [(iii) The fee to register fingerprints under Subsection (13)(a)(i) is $5.]
1253          [(iv) The fees described in this Subsection (15)(a) remain in effect until changed by the
1254     division through the process under Section 63J-1-504.]
1255          (15) (a) The division shall impose fees set in accordance with Section 63J-1-504 for
1256     the applicant fingerprint card, name check, and to register fingerprints under Subsection
1257     (13)(a).
1258          (b) Funds generated under this Subsection (15) shall be deposited into the General
1259     Fund as a dedicated credit by the department to cover the costs incurred in providing the
1260     information.
1261          (c) The division may collect fees charged by an outside agency for services required
1262     under this section.
1263          Section 16. Section 53-11-115 is amended to read:
1264          53-11-115. License fees -- Deposit in General Fund.
1265          (1) Fees for individual and agency licensure, registration, and renewal [are:] shall be

1266     set in accordance with Section 63J-1-504.
1267          [(a) for an original bail enforcement agent license application and license, $250, which
1268     shall include the costs of fingerprint processing and background investigation;]
1269          [(b) for the renewal of a bail enforcement agent or bail bond recovery agency license,
1270     $150;]
1271          [(c) for an original bail recovery agent license application and license, $150, which
1272     shall include the costs of fingerprint processing and background investigation;]
1273          [(d) for the renewal of each bail recovery agent license, $100;]
1274          [(e) for an original bail recovery apprentice license application and license, $150,
1275     which shall include the costs of fingerprint processing and background investigation;]
1276          [(f) for the renewal of each bail recovery apprentice license, $100;]
1277          [(g) for filing a renewal application under Subsection (1)(b) more than 30 days after the
1278     expiration date of the license, a delinquency fee of $50;]
1279          [(h) for filing a renewal application under Subsection (1)(d) more than 30 days after the
1280     expiration date of the registration, a delinquency fee of $30;]
1281          [(i) for filing a renewal application under Subsection (1)(f) more than 30 days after the
1282     expiration date of the apprentice license, a delinquency fee of $30;]
1283          [(j) for the reinstatement of a bail enforcement agent or bail bond recovery agency
1284     license, $50;]
1285          [(k) for a duplicate identification card, $10; and]
1286          [(l) for reinstatement of an identification card, $10.]
1287          (2) (a) The bureau may renew a license granted under this chapter upon receipt of an
1288     application on forms as prescribed by the board and upon receipt of the applicable fees
1289     [prescribed in Subsection (1),] if the licensee's application meets all the requirements for
1290     renewal.
1291          (b) If the bureau determines the license renewal application does not meet all the
1292     requirements for renewal, the bureau shall submit the renewal application to the board for
1293     review and action.
1294          (c) A license may not be renewed more than 90 days after its expiration.
1295          (d) A licensee may not engage in any activity subject to this chapter during any period
1296     between the date of expiration of the license and the renewal of the license.

1297          (3) (a) The board may reinstate a suspended license upon completion of the term of
1298     suspension.
1299          (b) Renewal of the license does not entitle the licensee, while the license remains
1300     suspended and until it is reinstated, to engage in any activity regulated by this chapter, or in any
1301     other activity or conduct in violation of the order or judgment by which the license was
1302     suspended.
1303          (4) The board may not reinstate a revoked license or accept an application for a license
1304     from a person whose license has been revoked for at least one year after the date of revocation.
1305          (5) All fees, except the fingerprint processing fee, collected by the department under
1306     this section shall be deposited in the General Fund.
1307          Section 17. Section 76-10-526 is amended to read:
1308          76-10-526. Criminal background check prior to purchase of a firearm -- Fee --
1309     Exemption for concealed firearm permit holders and law enforcement officers.
1310          (1) For purposes of this section, "valid permit to carry a concealed firearm" does not
1311     include a temporary permit issued under Section 53-5-705.
1312          (2) (a) To establish personal identification and residence in this state for purposes of
1313     this part, a dealer shall require an individual receiving a firearm to present one photo
1314     identification on a form issued by a governmental agency of the state.
1315          (b) A dealer may not accept a driving privilege card issued under Section 53-3-207 as
1316     proof of identification for the purpose of establishing personal identification and residence in
1317     this state as required under this Subsection (2).
1318          (3) (a) A criminal history background check is required for the sale of a firearm by a
1319     licensed firearm dealer in the state.
1320          (b) Subsection (3)(a) does not apply to the sale of a firearm to a Federal Firearms
1321     Licensee.
1322          (4) (a) An individual purchasing a firearm from a dealer shall consent in writing to a
1323     criminal background check, on a form provided by the bureau.
1324          (b) The form shall contain the following information:
1325          (i) the dealer identification number;
1326          (ii) the name and address of the individual receiving the firearm;
1327          (iii) the date of birth, height, weight, eye color, and hair color of the individual

1328     receiving the firearm; and
1329          (iv) the social security number or any other identification number of the individual
1330     receiving the firearm.
1331          (5) (a) The dealer shall send the information required by Subsection (4) to the bureau
1332     immediately upon its receipt by the dealer.
1333          (b) A dealer may not sell or transfer a firearm to an individual until the dealer has
1334     provided the bureau with the information in Subsection (4) and has received approval from the
1335     bureau under Subsection (7).
1336          (6) The dealer shall make a request for criminal history background information by
1337     telephone or other electronic means to the bureau and shall receive approval or denial of the
1338     inquiry by telephone or other electronic means.
1339          (7) When the dealer calls for or requests a criminal history background check, the
1340     bureau shall:
1341          (a) review the criminal history files, including juvenile court records, to determine if
1342     the individual is prohibited from purchasing, possessing, or transferring a firearm by state or
1343     federal law;
1344          (b) inform the dealer that:
1345          (i) the records indicate the individual is prohibited; or
1346          (ii) the individual is approved for purchasing, possessing, or transferring a firearm;
1347          (c) provide the dealer with a unique transaction number for that inquiry; and
1348          (d) provide a response to the requesting dealer during the call for a criminal
1349     background check, or by return call, or other electronic means, without delay, except in case of
1350     electronic failure or other circumstances beyond the control of the bureau, the bureau shall
1351     advise the dealer of the reason for the delay and give the dealer an estimate of the length of the
1352     delay.
1353          (8) (a) The bureau may not maintain any records of the criminal history background
1354     check longer than 20 days from the date of the dealer's request, if the bureau determines that
1355     the individual receiving the firearm is not prohibited from purchasing, possessing, or
1356     transferring the firearm under state or federal law.
1357          (b) However, the bureau shall maintain a log of requests containing the dealer's federal
1358     firearms number, the transaction number, and the transaction date for a period of 12 months.

1359          (9) If the criminal history background check discloses information indicating that the
1360     individual attempting to purchase the firearm is prohibited from purchasing, possessing, or
1361     transferring a firearm, the bureau shall inform the law enforcement agency in the jurisdiction
1362     where the individual resides.
1363          (10) If an individual is denied the right to purchase a firearm under this section, the
1364     individual may review the individual's criminal history information and may challenge or
1365     amend the information as provided in Section 53-10-108.
1366          (11) The bureau shall make rules in accordance with Title 63G, Chapter 3, Utah
1367     Administrative Rulemaking Act, to ensure the identity, confidentiality, and security of all
1368     records provided by the bureau under this part are in conformance with the requirements of the
1369     Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).
1370          (12) (a) [(i)] A dealer shall collect a criminal history background check fee [of $7.50]
1371     for the sale of a firearm under this section. [(ii)] This fee remains in effect until changed by the
1372     bureau through the process [under] in accordance with Section 63J-1-504.
1373          (b) (i) The dealer shall forward at one time all fees collected for criminal history
1374     background checks performed during the month to the bureau by the last day of the month
1375     following the sale of a firearm.
1376          (ii) The bureau shall deposit the fees in the General Fund as dedicated credits to cover
1377     the cost of administering and conducting the criminal history background check program.
1378          (13) An individual with a concealed firearm permit issued under Title 53, Chapter 5,
1379     Part 7, Concealed Firearm Act, is exempt from the background check and corresponding fee
1380     required in this section for the purchase of a firearm if:
1381          (a) the individual presents the individual's concealed firearm permit to the dealer prior
1382     to purchase of the firearm; and
1383          (b) the dealer verifies with the bureau that the individual's concealed firearm permit is
1384     valid.
1385          (14) A law enforcement officer, as defined in Section 53-13-103, is exempt from the
1386     background check fee required in this section for the purchase of a personal firearm to be
1387     carried while off-duty if the law enforcement officer verifies current employment by providing
1388     a letter of good standing from the officer's commanding officer and current law enforcement
1389     photo identification. This section may only be used by a law enforcement officer to purchase a

1390     personal firearm once in a 24-month period.
1391          (15) (a) A dealer may participate in the redeemable coupon program described in this
1392     Subsection (15) and Subsection 53-10-202(18).
1393          (b) A participating dealer shall:
1394          (i) accept the redeemable coupon only from the individual whose name is on the
1395     coupon and apply it only toward the purchase of a gun safe;
1396          (ii) collect the receipts from the purchase of gun safes using the redeemable coupon
1397     and send them to the Bureau of Criminal Identification for redemption; and
1398          (iii) make the firearm safety brochure described in Subsection 53-10-202(18) available
1399     to customers free of charge.
1400          Section 18. FY 2019 Appropriations.
1401          The following sums of money are appropriated for the fiscal year beginning July 1,
1402     2018 and ending June 30, 2019. These are additions to amounts previously appropriated for
1403     fiscal year 2019.
1404          Under the terms and conditions of Utah Code Title 63J, the Legislature appropriates the
1405     following sums of money from the funds or fund accounts indicated for the use and support of
1406     the government of the State of Utah.
1407     ITEM 1
1408          To Department of Public Safety - Ĥ→ [
Programs & Operations] Bureau of Criminal
1408a     Identification ←Ĥ
1409               From General Fund                      Ĥ→ [
($1,115,800)] $1,500,000 ←Ĥ
1410               From Dedicated Credits Revenue             Ĥ→ [
($7,407,100)] ($1,500,000) ←Ĥ
1411                Ĥ→ [
From Concealed Weapons Account (GFR)               ($3,373,500)
1412               From Statewide Warrant Ops (GFR)                         ($586,200)
1413               From Transfers                                   ($26,100)
1414               From Pass-through                                   ($1,600)
1415               Schedule of Programs:
1416                    CITS Bureau of Criminal Identification     ($12,510,300)
1417     ITEM 2
1418          To Department of Public Safety - Bureau of Criminal Identification
1419               From General Fund                                   $2,615,800
1420               From Dedicated Credits Revenue                         $6,291,800

1421               From Concealed Weapons Account (GFR)                         $3,125,000
1422               From Statewide Warrant Ops (GFR)                              $450,000
1423               From Transfers                                        $26,100
1424               From Pass-through                                        $1,600
1425               Schedule of Programs:
1426                    Law Enforcement/Criminal Justice Services          $3,065,800
1427                    Non-Government/Other Services               $9,444,500
]

1428      [
ITEM 3] ITEM 2 ←Ĥ
1429          To Department of Human Services - Division of Juvenile Justice Services -
1430           Community Providers
1431               From General Fund                      Ĥ→ [
(1,453,400)] ($1,404,000) ←Ĥ
1432               Schedule of Programs:
1433                    Provider Payments                Ĥ→ [
(1,453,400)] ($1,404,000) ←Ĥ
1434          The Legislature intends that if the Department of Public Safety encounters a revenue
1435     shortfall by the end of FY 2019 within the Bureau of Criminal Identification line item, that the
1436     Department of Public Safety report to the Executive Offices and Criminal Justice
1437     Appropriations Subcommittee and set aside up to $1,000,0000 as a reserve amount in the
1438     Programs and Operations line item for potential reallocation in the 2019 General Session for
1439     the Legislature to transfer up to $1,000,000 from the Department of Public Safety - Programs
1440     and Operations line item to ensure they do not run a deficit at the close of FY 2019.
1441          The Legislature intends that should the Department of Public Safety collect more fee
1442     revenue than what is appropriated, that the surplus fee revenue may not lapse at the end of FY
1443     2019, but remain unexpended by the Department for potential use in FY 2020, including as an
1444     offset for any fee adjustments for FY 2020.
1445          Section 19. Fees.
1446           Under the terms and conditions of Utah Code Title 63J Chapter 1 and other fee statutes
1447     as applicable, the following fees and rates are approved for the use and support of the
1448     government of the State of Utah for the Fiscal Year beginning July 1, 2018 and ending June 30,
1449     2019.
1450     Department of Public Safety
1451     Programs & Operations

1452     CITS Bureau of Criminal Identification
1453          Western Identification Network (WIN) Fingerprint
15.00

1454               Background Check
1455          Name Check [from 53-10-108(15)(a)(ii)]
15.00

1456          Fingerprint Registration [from 53-10-108(15)(a)(iii)]
5.00

1457          Criminal History Report
15.00

1458          Firearm Purchase Criminal History Background Check
7.50

1459          Private Investigator
1460               Original agency license application and license
215.00

1461               Renewal of an agency license
115.00

1462               Original registrant or apprentice license application and license
115.00

1463               Renewal of a registrant or apprentice license
65.00

1464               Delinquency fee for filing an agency renewal application more than
1465                30 days after the expiration date of the license
65.00

1466               Delinquency fee for filing a registrant or apprentice renewal application
1467                more than 30 days after the expiration date of the registration
45.00

1468               Reinstatement of any license
65.00

1469               Duplicate identification card
25.00

1470          Bail Enforcement
1471               Original bail enforcement agent license application and license
250.00

1472               Renewal of a bail enforcement agent or bail bond recovery agency
1473                license
150.00

1474               Original bail recovery agent license application and license
150.00

1475               Renewal of each bail recovery agent license
100.00

1476               Original bail recovery apprentice license application and license
150.00

1477               Renewal of each bail recovery apprentice license
100.00

1478               Delinquency fee for filing a renewal application for a bail
1479                enforcement agent or bail bond recovery agency license more
1480                after the than 30 days expiration date of the license
50.00

1481               Delinquency fee for filing a renewal application for bail recovery agent
1482                more than 30 days after the expiration date of the license
30.00


1483               Delinquency fee for filing a renewal application for bail recovery
1484                 apprentice license more than 30 days after the expiration date of
1485                the license
30.00

1486               Reinstatement of a bail enforcement agent or bail bond recovery agency
1487                 license
50.00

1488               Duplicate identification card
10.00

1489               Reinstatement of an identification card
10.00

1490          Fire Marshall - Fire Operations
1491               Annual license for display operator, special effects operator, or flame
1492                effects operator
40.00

1493               Annual license for importer and wholesaler of pyrotechnic devices
250.00

1494          Section 20. Effective date.
1495          This bill takes effect on July 1, 2018.