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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to testing of bodily fluids for purposes of an
10 investigation of driving under the influence.
11 Highlighted Provisions:
12 This bill:
13 ▸ requires the Department of Health and Human Services to:
14 • test blood and urine samples for both drugs and alcohol;
15 • provide the testing results in a timely manner; and
16 • provide test results through a secure medium to the Driver License Division and
17 relevant law enforcement agencies;
18 ▸ requires an administrative testing fee to be charged as part of an administrative
19 impound fee for an individual whose vehicle is impounded related to an arrest for
20 driving under the influence;
21 ▸ amends a provision allowing the use of a blood and urine test in certain
22 administrative proceedings;
23 ▸ enacts provisions regarding permissible uses of a blood and urine test by the Driver
24 License Division;
25 ▸ amends provisions related to shortening a driver license suspension, in certain
26 circumstances, for a person not participating in a 24-7 sobriety program;
27 ▸ requires the Department of Public Safety to make rules to establish standards for
28 proper usage and administration of oral fluid and portable breath tests as part of a
29 field sobriety test;
30 ▸ amends provisions related to driver license revocation for a subsequent offense
31 related to driving under the influence;
32 ▸ requires law enforcement agencies to provide training on the use of oral fluid and
33 portable breath tests as part of a field sobriety test; and
34 ▸ makes technical changes.
35 Money Appropriated in this Bill:
36 None
37 Other Special Clauses:
38 None
39 Utah Code Sections Affected:
40 AMENDS:
41 26B-1-216, as renumbered and amended by Laws of Utah 2023, Chapter 305
42 26B-1-304, as renumbered and amended by Laws of Utah 2022, Chapter 255
43 26B-8-406, as renumbered and amended by Laws of Utah 2023, Chapter 306
44 26B-8-407, as renumbered and amended by Laws of Utah 2023, Chapter 306
45 41-6a-509, as last amended by Laws of Utah 2023, Chapters 239, 384
46 41-6a-515.6, as enacted by Laws of Utah 2017, Chapter 283
47 41-6a-1406, as last amended by Laws of Utah 2023, Chapter 335
48 53-3-104, as last amended by Laws of Utah 2021, Chapter 284
49 53-3-223, as last amended by Laws of Utah 2023, Chapters 239, 384
50 ENACTS:
51 53-3-111, Utah Code Annotated 1953
52 53-25-102, Utah Code Annotated 1953
53
54 Be it enacted by the Legislature of the state of Utah:
55 Section 1. Section 26B-1-216 is amended to read:
56 26B-1-216. Powers and duties of the department -- Quality and design.
57 The department shall:
58 (1) monitor and evaluate the quality of services provided by the department including:
59 (a) in accordance with Part 5, Fatality Review, monitoring, reviewing, and making
60 recommendations relating to a fatality review;
61 (b) overseeing the duties of the child protection ombudsman appointed under Section
62 80-2-1104; and
63 (c) conducting internal evaluations of the quality of services provided by the
64 department and service providers contracted with the department;
65 (2) conduct investigations described in Section 80-2-703; [
66 (3) develop an integrated human services system and implement a system of care by:
67 (a) designing and implementing a comprehensive continuum of services for individuals
68 who receive services from the department or a service provider contracted with the department;
69 (b) establishing and maintaining department contracts with public and private service
70 providers;
71 (c) establishing standards for the use of service providers who contract with the
72 department;
73 (d) coordinating a service provider network to be used within the department to ensure
74 individuals receive the appropriate type of services;
75 (e) centralizing the department's administrative operations; and
76 (f) integrating, analyzing, and applying department-wide data and research to monitor
77 the quality, effectiveness, and outcomes of services provided by the department[
78 (4) (a) coordinate with the Driver License Division, the Department of Public Safety,
79 and any other law enforcement agency to test and provide results of blood or urine samples
80 submitted to the department as part of an investigation for a driving offense that may have
81 occurred and there is reason to believe the individual's blood or urine may contain:
82 (i) alcohol; or
83 (ii) other drugs or substances that the department reasonably determines could impair
84 an individual or that is illegal for the individual to possess or consume; and
85 (b) ensure that the results of the test described in Subsection (4)(a) are provided
86 through a secure medium and in a timely manner.
87 Section 2. Section 26B-1-304 is amended to read:
88 26B-1-304. Restricted account created to fund drug testing for law enforcement
89 agencies.
90 (1) There is created within the General Fund a restricted account known as the State
91 Laboratory Drug Testing Account.
92 (2) The account consists of:
93 (a) a specified portion of fees generated under Subsection 53-3-106(5) from the
94 reinstatement of certain licenses, which shall be deposited in this account[
95 (b) the deposits described in Subsection 41-6a-1406(6)(b)(v) from the administrative
96 testing fee related to vehicles impounded under Section 41-6a-527.
97 (3) The department shall use funds in this account solely for the costs of performing
98 drug and alcohol analysis tests for state and local law enforcement agencies, and may not
99 assess any charge or fee to the law enforcement agencies for whom the analysis tests are
100 performed.
101 Section 3. Section 26B-8-406 is amended to read:
102 26B-8-406. Disclosure of health data -- Limitations.
103 The department may not make a disclosure of any identifiable health data unless:
104 (1) one of the following persons has consented to the disclosure:
105 (a) the individual;
106 (b) the next-of-kin if the individual is deceased;
107 (c) the parent or legal guardian if the individual is a minor or mentally incompetent; or
108 (d) a person holding a power of attorney covering such matters on behalf of the
109 individual;
110 (2) the disclosure is to a governmental entity in this or another state or the federal
111 government, provided that:
112 (a) the data will be used for a purpose for which they were collected by the department;
113 and
114 (b) the recipient enters into a written agreement satisfactory to the department agreeing
115 to protect such data in accordance with the requirements of this part and department rule and
116 not permit further disclosure without prior approval of the department;
117 (3) the disclosure is to an individual or organization, for a specified period, solely for
118 bona fide research and statistical purposes, determined in accordance with department rules,
119 and the department determines that the data are required for the research and statistical
120 purposes proposed and the requesting individual or organization enters into a written
121 agreement satisfactory to the department to protect the data in accordance with this part and
122 department rule and not permit further disclosure without prior approval of the department;
123 (4) the disclosure is to a governmental entity for the purpose of conducting an audit,
124 evaluation, or investigation of the department and such governmental entity agrees not to use
125 those data for making any determination affecting the rights, benefits, or entitlements of any
126 individual to whom the health data relates;
127 (5) the disclosure is of specific medical or epidemiological information to authorized
128 personnel within the department, local health departments, public health authorities, official
129 health agencies in other states, the United States Public Health Service, the Centers for Disease
130 Control and Prevention (CDC), or agencies responsible to enforce quarantine, when necessary
131 to continue patient services or to undertake public health efforts to control communicable,
132 infectious, acute, chronic, or any other disease or health hazard that the department considers to
133 be dangerous or important or that may affect the public health;
134 (6) (a) the disclosure is of specific medical or epidemiological information to a "health
135 care provider" as defined in Section 78B-3-403, health care personnel, or public health
136 personnel who has a legitimate need to have access to the information in order to assist the
137 patient or to protect the health of others closely associated with the patient; and
138 (b) this Subsection (6) does not create a duty to warn third parties;
139 (7) the disclosure is necessary to obtain payment from an insurer or other third-party
140 payor in order for the department to obtain payment or to coordinate benefits for a patient; [
141 (8) the disclosure is to the subject of the identifiable health data[
142 (9) the disclosure is limited to the results of a blood or urine test and the disclosure is:
143 (a) to the Driver License Division, as authorized by Section 53-3-111; or
144 (b) to the requesting law enforcement agency as part of an investigation, as authorized
145 by Subsection 26B-1-216(4).
146 Section 4. Section 26B-8-407 is amended to read:
147 26B-8-407. Disclosure of health data -- Discretion of department -- Exception.
148 (1) Any disclosure provided for in Section 26B-8-406 shall be made at the discretion of
149 the department.
150 (2) Notwithstanding Subsection (1), the disclosure provided for in:
151 (a) Subsection 26B-8-406(4) shall be made when the requirements of that paragraph
152 are met[
153 (b) Subsection 26B-8-406(9) is not discretionary.
154 Section 5. Section 41-6a-509 is amended to read:
155 41-6a-509. Driver license suspension or revocation for a driving under the
156 influence violation.
157 (1) (a) The Driver License Division shall, if the person is 21 years old or older at the
158 time of arrest:
159 (i) suspend for a period of 120 days the operator's license of a person convicted for the
160 first time under Section 41-6a-502 or 76-5-102.1; or
161 (ii) revoke for a period of two years the license of a person if:
162 (A) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
163 (B) the current violation under Section 41-6a-502, 76-5-102.1, or 76-5-207 is
164 committed within a period of 10 years from the date of the prior violation.
165 (b) (i) If a person elects to become an interlock restricted driver under Subsection
166 53-3-223(10)(a), the Driver License Division may not suspend the operator's license for a
167 violation of Section 41-6a-502 as described in Subsection (1)(a)(i) unless the person fails to
168 complete 120 days of the interlock restriction.
169 (ii) If a person elects to become an interlock restricted driver under Subsection
170 53-3-223(10)(a), and the person fails to complete the full 120 days of interlock restriction, the
171 Driver License Division:
172 (A) shall suspend the operator's license as described in Subsection (1)(a)(i) for a period
173 of 120 days from the date the ignition interlock system was removed from the vehicle; and
174 (B) may not reduce the 120-day suspension for any days the person was compliant with
175 the interlock restriction under Subsection 53-3-223(10)(a).
176 (c) (i) If a person elects to become an interlock restricted driver under Subsection
177 41-6a-521(7), the Driver License Division may not suspend the operator's license for a
178 violation of Section 41-6a-502 as described in Subsection (1)(a)(i) unless the person fails to
179 complete three years of the interlock restriction under Subsection 41-6a-521(7).
180 (ii) If a person elects to become an interlock restricted driver under Subsection
181 41-6a-521(7), and the person fails to complete the full three years of interlock restriction, the
182 Driver License Division:
183 (A) shall suspend the operator's license as described in Subsection (1)(a)(i) for a period
184 of 120 days from the date the ignition interlock system was removed from the vehicle; and
185 (B) may not reduce the 120-day suspension for any days the person was compliant with
186 the interlock restriction under Subsection 41-6a-521(7).
187 (2) The Driver License Division shall, if the person is 19 years old or older but under
188 21 years old at the time of arrest:
189 (a) suspend the person's driver license until the person is 21 years old or for a period of
190 one year, whichever is longer, if the person is convicted for the first time of a violation under
191 Section 41-6a-502, 76-5-102.1, or 76-5-207 of an offense that was committed on or after July
192 1, 2011;
193 (b) deny the person's application for a license or learner's permit until the person is 21
194 years old or for a period of one year, whichever is longer, if the person:
195 (i) is convicted for the first time of a violation under Section 41-6a-502, 76-5-102.1, or
196 76-5-207 of an offense committed on or after July 1, 2011; and
197 (ii) has not been issued an operator license;
198 (c) revoke the person's driver license until the person is 21 years old or for a period of
199 two years, whichever is longer, if:
200 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
201 (ii) the current violation under Section 41-6a-502, 76-5-102.1, or 76-5-207 is
202 committed within a period of 10 years from the date of the prior violation; or
203 (d) deny the person's application for a license or learner's permit until the person is 21
204 years old or for a period of two years, whichever is longer, if:
205 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2);
206 (ii) the current violation under Section 41-6a-502, 76-5-102.1, or 76-5-207 is
207 committed within a period of 10 years from the date of the prior violation; and
208 (iii) the person has not been issued an operator license.
209 (3) The Driver License Division shall, if the person is under 19 years old at the time of
210 arrest:
211 (a) suspend the person's driver license until the person is 21 years old if the person is
212 convicted for the first time of a violation under Section 41-6a-502, 76-5-102.1, or 76-5-207;
213 (b) deny the person's application for a license or learner's permit until the person is 21
214 years old if the person:
215 (i) is convicted for the first time of a violation under Section 41-6a-502, 76-5-102.1, or
216 76-5-207; and
217 (ii) has not been issued an operator license;
218 (c) revoke the person's driver license until the person is 21 years old if:
219 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
220 (ii) the current violation under Section 41-6a-502, 76-5-102.1, or 76-5-207 is
221 committed within a period of 10 years from the date of the prior violation; or
222 (d) deny the person's application for a license or learner's permit until the person is 21
223 years old if:
224 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2);
225 (ii) the current violation under Section 41-6a-502, 76-5-102.1, or 76-5-207 is
226 committed within a period of 10 years from the date of the prior violation; and
227 (iii) the person has not been issued an operator license.
228 (4) The Driver License Division shall suspend or revoke the license of a person as
229 ordered by the court under Subsection (9).
230 (5) The Driver License Division shall subtract from any suspension or revocation
231 period the number of days for which a license was previously suspended under Section
232 53-3-223 or 53-3-231, if the previous suspension was based on the same occurrence upon
233 which the record of conviction is based.
234 (6) If a conviction recorded as impaired driving is amended to a driving under the
235 influence conviction under Section 41-6a-502, 76-5-102.1, or 76-5-207 in accordance with
236 Subsection 41-6a-502.5(3)(a)(ii), the Driver License Division:
237 (a) may not subtract from any suspension or revocation any time for which a license
238 was previously suspended or revoked under Section 53-3-223 or 53-3-231; and
239 (b) shall start the suspension or revocation time under Subsection (1) on the date of the
240 amended conviction.
241 (7) A court that reported a conviction of a violation of Section 41-6a-502, 76-5-102.1,
242 or 76-5-207 for a violation that occurred on or after July 1, 2009, to the Driver License
243 Division may shorten the suspension period imposed under Subsection (2)(a) or (b) or
244 Subsection (3)(a) or (b) prior to completion of the suspension period if the person:
245 (a) completes at least six months of the license suspension;
246 (b) completes a screening;
247 (c) completes an assessment, if it is found appropriate by a screening under Subsection
248 (7)(b);
249 (d) completes substance abuse treatment if it is found appropriate by the assessment
250 under Subsection (7)(c);
251 (e) completes an educational series if substance abuse treatment is not required by an
252 assessment under Subsection (7)(c) or the court does not order substance abuse treatment;
253 (f) has not been convicted of a violation of any motor vehicle law in which the person
254 was involved as the operator of the vehicle during the suspension period imposed under
255 Subsection (2)(a) or (b) or Subsection (3)(a) or (b);
256 (g) has complied with all the terms of the person's probation or all orders of the court if
257 not ordered to probation; and
258 (h) (i) is 18 years old or older and provides a sworn statement to the court that the
259 person has not unlawfully consumed alcohol during the suspension period imposed under
260 Subsection (2)(a) or (b) or Subsection (3)(a) or (b); or
261 (ii) is under 18 years old and has the person's parent or legal guardian provide an
262 affidavit or sworn statement to the court certifying that to the parent or legal guardian's
263 knowledge the person has not unlawfully consumed alcohol during the suspension period
264 imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or (b).
265 (8) If the court shortens a person's license suspension period in accordance with the
266 requirements of Subsection (7), the court shall forward the order shortening the person's
267 suspension period to the Driver License Division in a manner specified by the division prior to
268 the completion of the suspension period imposed under Subsection (2)(a) or (b) or Subsection
269 (3)(a) or (b).
270 (9) (a) (i) In addition to any other penalties provided in this section, a court may order
271 the operator's license of a person who is convicted of a violation of Section 41-6a-502,
272 76-5-102.1, or 76-5-207 to be suspended or revoked for an additional period of 90 days, 120
273 days, 180 days, one year, or two years to remove from the highways those persons who have
274 shown they are safety hazards.
275 (ii) The additional suspension or revocation period provided in this Subsection (9) shall
276 begin the date on which the individual would be eligible to reinstate the individual's driving
277 privilege for a violation of Section 41-6a-502, 76-5-102.1, or 76-5-207.
278 (b) If the court suspends or revokes the person's license under this Subsection (9), the
279 court shall prepare and send to the Driver License Division an order to suspend or revoke that
280 person's driving privileges for a specified period of time.
281 (10) (a) The court shall notify the Driver License Division if a person fails to complete
282 all court ordered:
283 (i) screenings;
284 (ii) assessments;
285 (iii) educational series;
286 (iv) substance abuse treatment; and
287 (v) hours of work in a compensatory-service work program.
288 (b) Subject to Subsection 53-3-218(3), upon receiving the notification described in
289 Subsection (10)(a), the division shall suspend the person's driving privilege in accordance with
290 Subsection 53-3-221(2).
291 (11) (a) A court that reported a conviction of a violation of Section 41-6a-502 to the
292 Driver License Division may shorten the suspension or revocation period imposed under
293 Subsection (1) before completion of the suspension or revocation period if the person:
294 (i) is participating in or has successfully completed a 24-7 sobriety program as defined
295 in Section 41-6a-515.5; [
296 (ii) (A) is participating in or has successfully completed a problem solving court
297 program approved by the Judicial Council, including a driving under the influence court
298 program or a drug court program; and
299 (B) has elected to become an interlock restricted driver as a condition of probation
300 during the remainder of the person's suspension or revocation period in accordance with
301 Section 41-6a-518[
302 (iii) has had their operator license suspended under Subsection (1)(a)(i), and the court
303 does not have a problem solving court program approved by the Judicial Council or access to a
304 24-7 sobriety program as defined in Section 41-6a-515.5, if the person:
305 (A) has installed an ignition interlock device in any vehicle owned or driven by the
306 person in accordance with Section 53-3-1007; and
307 (B) did not inflict bodily injury upon another as a proximate result of having operated
308 the vehicle in a negligent manner.
309 (b) If a court shortens a person's license suspension or revocation period in accordance
310 with the requirements of this Subsection (11), the court shall forward the order shortening the
311 person's suspension or revocation period to the Driver License Division in a manner specified
312 by the division.
313 (c) The court shall notify the Driver License Division, in a manner specified by the
314 Driver License Division, if a person fails to complete or comply with a condition that allowed
315 the court to shorten the person's license suspension or revocation period under Subsection
316 (11)(a).
317 (d) (i) (A) Upon receiving the notification described in Subsection (11)(c), for a first
318 offense, the division shall suspend the person's driving privilege for a period of 120 days from
319 the date of notice.
320 (B) For a suspension described under Subsection (11)(d)(i)(A), no days shall be
321 subtracted from the 120-day suspension period for which a driving privilege was previously
322 suspended under this section or Section 53-3-223, if the previous suspension was based on the
323 same occurrence upon which the conviction under Section 41-6a-502 is based.
324 (ii) (A) Upon receiving the notification described in Subsection (11)(c), for a second or
325 subsequent offense, the division shall revoke the person's driving privilege for a period of two
326 years from the date of notice.
327 (B) For a license revocation described in Subsection (11)(d)(ii)(A), no days shall be
328 subtracted from the two-year revocation period for which a driving privilege was previously
329 revoked under this section or Section 53-3-223, if the previous revocation was based on the
330 same occurrence upon which the conviction under Section 41-6a-502 is based.
331 Section 6. Section 41-6a-515.6 is amended to read:
332 41-6a-515.6. Field sobriety test training.
333 Each law enforcement agency shall ensure that each peace officer receives training on
334 the current standard field sobriety testing guidelines established by the National Highway
335 Traffic Safety Administration and in accordance with Section 53-25-102.
336 Section 7. Section 41-6a-1406 is amended to read:
337 41-6a-1406. Removal and impoundment of vehicles -- Reporting and notification
338 requirements -- Administrative impound fee -- Refunds -- Possessory lien -- Rulemaking.
339 (1) If a vehicle, vessel, or outboard motor is removed or impounded as provided under
340 Section 41-1a-1101, 41-6a-527, 41-6a-1405, 41-6a-1408, or 73-18-20.1 by an order of a peace
341 officer or by an order of a person acting on behalf of a law enforcement agency or highway
342 authority, the removal or impoundment of the vehicle, vessel, or outboard motor shall be at the
343 expense of the owner.
344 (2) The vehicle, vessel, or outboard motor under Subsection (1) shall be removed or
345 impounded to a state impound yard.
346 (3) The peace officer may move a vehicle, vessel, or outboard motor or cause it to be
347 removed by a tow truck motor carrier that meets standards established:
348 (a) under Title 72, Chapter 9, Motor Carrier Safety Act; and
349 (b) by the department under Subsection (10).
350 (4) (a) A report described in this Subsection (4) is required for a vehicle, vessel, or
351 outboard motor that is:
352 (i) removed or impounded as described in Subsection (1); or
353 (ii) removed or impounded by any law enforcement or government entity.
354 (b) Before noon on the next business day after the date of the removal of the vehicle,
355 vessel, or outboard motor, a report of the removal shall be sent to the Motor Vehicle Division
356 by:
357 (i) the peace officer or agency by whom the peace officer is employed; and
358 (ii) the tow truck operator or the tow truck motor carrier by whom the tow truck
359 operator is employed.
360 (c) The report shall be in a form specified by the Motor Vehicle Division and shall
361 include:
362 (i) the operator's name, if known;
363 (ii) a description of the vehicle, vessel, or outboard motor;
364 (iii) the vehicle identification number or vessel or outboard motor identification
365 number;
366 (iv) the license number, temporary permit number, or other identification number
367 issued by a state agency;
368 (v) the date, time, and place of impoundment;
369 (vi) the reason for removal or impoundment;
370 (vii) the name of the tow truck motor carrier who removed the vehicle, vessel, or
371 outboard motor; and
372 (viii) the place where the vehicle, vessel, or outboard motor is stored.
373 (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
374 State Tax Commission shall make rules to establish proper format and information required on
375 the form described in this Subsection (4).
376 (e) Until the tow truck operator or tow truck motor carrier reports the removal as
377 required under this Subsection (4), a tow truck motor carrier or impound yard may not:
378 (i) collect any fee associated with the removal; and
379 (ii) begin charging storage fees.
380 (5) (a) Except as provided in Subsection (5)(e) and upon receipt of the report, the
381 Motor Vehicle Division shall give notice, in the manner described in Section 41-1a-114, to the
382 following parties with an interest in the vehicle, vessel, or outboard motor, as applicable:
383 (i) the registered owner;
384 (ii) any lien holder; or
385 (iii) a dealer, as defined in Section 41-1a-102, if the vehicle, vessel, or outboard motor
386 is currently operating under a temporary permit issued by the dealer, as described in Section
387 41-3-302.
388 (b) The notice shall:
389 (i) state the date, time, and place of removal, the name, if applicable, of the person
390 operating the vehicle, vessel, or outboard motor at the time of removal, the reason for removal,
391 and the place where the vehicle, vessel, or outboard motor is stored;
392 (ii) state that the registered owner is responsible for payment of towing, impound, and
393 storage fees charged against the vehicle, vessel, or outboard motor;
394 (iii) state the conditions that must be satisfied before the vehicle, vessel, or outboard
395 motor is released; and
396 (iv) inform the parties described in Subsection (5)(a) of the division's intent to sell the
397 vehicle, vessel, or outboard motor, if, within 30 days after the day of the removal or
398 impoundment under this section, one of the parties fails to make a claim for release of the
399 vehicle, vessel, or outboard motor.
400 (c) Except as provided in Subsection (5)(e) and if the vehicle, vessel, or outboard
401 motor is not registered in this state, the Motor Vehicle Division shall make a reasonable effort
402 to notify the parties described in Subsection (5)(a) of the removal and the place where the
403 vehicle, vessel, or outboard motor is stored.
404 (d) The Motor Vehicle Division shall forward a copy of the notice to the place where
405 the vehicle, vessel, or outboard motor is stored.
406 (e) The Motor Vehicle Division is not required to give notice under this Subsection (5)
407 if a report was received by a tow truck operator or tow truck motor carrier reporting a tow truck
408 service in accordance with Subsection 72-9-603(1)(a)(i).
409 (6) (a) The vehicle, vessel, or outboard motor shall be released after a party described
410 in Subsection (5)(a):
411 (i) makes a claim for release of the vehicle, vessel, or outboard motor at any office of
412 the State Tax Commission;
413 (ii) presents identification sufficient to prove ownership of the impounded vehicle,
414 vessel, or outboard motor;
415 (iii) completes the registration, if needed, and pays the appropriate fees;
416 (iv) if the impoundment was made under Section 41-6a-527, pays:
417 (A) an administrative impound fee of $400; and
418 (B) in addition to the administrative fee described in Subsection (6)(a)(iv)(A), a
419 administrative testing fee of $30; and
420 (v) pays all towing and storage fees to the place where the vehicle, vessel, or outboard
421 motor is stored.
422 (b) (i) Twenty-nine dollars of the administrative impound fee assessed under
423 Subsection (6)(a)(iv)(A) shall be dedicated credits to the Motor Vehicle Division[
424 (ii) [
425 assessed under Subsection (6)(a)(iv)(A) shall be deposited into the Department of Public Safety
426 Restricted Account created in Section 53-3-106[
427 (iii) [
428 (6)(a)(iv)(A) shall be deposited into the Neuro-Rehabilitation Fund created in Section
429 26B-1-319[
430 (iv) [
431 remainder of the administrative impound fee assessed under Subsection (6)(a)(iv)(A) shall be
432 deposited into the General Fund.
433 (v) The administrative testing fee described in Subsection (6)(a)(iv)(B) shall be
434 deposited into the State Laboratory Drug Testing Account created in Section 26B-1-304.
435 (c) The administrative impound fee and the administrative testing fee assessed under
436 Subsection (6)(a)(iv) shall be waived or refunded by the State Tax Commission if the
437 registered owner, lien holder, or owner's agent presents written evidence to the State Tax
438 Commission that:
439 (i) the Driver License Division determined that the arrested person's driver license
440 should not be suspended or revoked under Section 53-3-223 or 41-6a-521 as shown by a letter
441 or other report from the Driver License Division presented within 180 days after the day on
442 which the Driver License Division mailed the final notification; or
443 (ii) the vehicle was stolen at the time of the impoundment as shown by a copy of the
444 stolen vehicle report presented within 180 days after the day of the impoundment.
445 (d) A tow truck operator, a tow truck motor carrier, and an impound yard shall accept
446 payment by cash and debit or credit card for a removal or impoundment under Subsection (1)
447 or any service rendered, performed, or supplied in connection with a removal or impoundment
448 under Subsection (1).
449 (e) The owner of an impounded vehicle may not be charged a fee for the storage of the
450 impounded vehicle, vessel, or outboard motor if:
451 (i) the vehicle, vessel, or outboard motor is being held as evidence; and
452 (ii) the vehicle, vessel, or outboard motor is not being released to a party described in
453 Subsection (5)(a), even if the party satisfies the requirements to release the vehicle, vessel, or
454 outboard motor under this Subsection (6).
455 (7) (a) For an impounded vehicle, vessel, or outboard motor not claimed by a party
456 described in Subsection (5)(a) within the time prescribed by Section 41-1a-1103, the Motor
457 Vehicle Division shall issue a certificate of sale for the impounded vehicle, vessel, or outboard
458 motor as described in Section 41-1a-1103.
459 (b) The date of impoundment is considered the date of seizure for computing the time
460 period provided under Section 41-1a-1103.
461 (8) A party described in Subsection (5)(a) that pays all fees and charges incurred in the
462 impoundment of the owner's vehicle, vessel, or outboard motor has a cause of action for all the
463 fees and charges, together with damages, court costs, and attorney fees, against the operator of
464 the vehicle, vessel, or outboard motor whose actions caused the removal or impoundment.
465 (9) Towing, impound fees, and storage fees are a possessory lien on the vehicle, vessel,
466 or outboard motor.
467 (10) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
468 the department shall make rules setting the performance standards for towing companies to be
469 used by the department.
470 (11) (a) The Motor Vehicle Division may specify that a report required under
471 Subsection (4) be submitted in electronic form utilizing a database for submission, storage, and
472 retrieval of the information.
473 (b) (i) Unless otherwise provided by statute, the Motor Vehicle Division or the
474 administrator of the database may adopt a schedule of fees assessed for utilizing the database.
475 (ii) The fees under this Subsection (11)(b) shall:
476 (A) be reasonable and fair; and
477 (B) reflect the cost of administering the database.
478 Section 8. Section 53-3-104 is amended to read:
479 53-3-104. Division duties.
480 The division shall:
481 (1) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
482 make rules:
483 (a) for examining applicants for a license, as necessary for the safety and welfare of the
484 traveling public;
485 (b) for acceptable documentation of an applicant's identity, Social Security number,
486 Utah resident status, Utah residence address, proof of legal presence, proof of citizenship in the
487 United States, honorable or general discharge from the United States military, and other proof
488 or documentation required under this chapter;
489 (c) for acceptable documentation to verify that an individual is homeless as verified by
490 the Department of Workforce Services, for purposes of residency, address verification, and
491 obtaining a fee waiver;
492 (d) regarding the restrictions to be imposed on an individual driving a motor vehicle
493 with a temporary learner permit or learner permit;
494 (e) for exemptions from licensing requirements as authorized in this chapter;
495 (f) establishing procedures for the storage and maintenance of applicant information
496 provided in accordance with Section 53-3-205, 53-3-410, or 53-3-804; and
497 (g) to provide educational information to each applicant for a license, which
498 information shall be based on data provided by the Division of Air Quality, including:
499 (i) ways drivers can improve air quality; and
500 (ii) the harmful effects of vehicle emissions;
501 (2) examine each applicant according to the class of license applied for;
502 (3) license motor vehicle drivers;
503 (4) file every application for a license received by the division and shall maintain
504 indices containing:
505 (a) all applications denied and the reason each was denied;
506 (b) all applications granted; and
507 (c) the name of every licensee whose license has been suspended, disqualified, or
508 revoked by the division and the reasons for the action;
509 (5) suspend, revoke, disqualify, cancel, or deny any license issued in accordance with
510 this chapter;
511 (6) file all accident reports and abstracts of court records of convictions received by the
512 division under state law;
513 (7) maintain a record of each licensee showing the licensee's convictions and the traffic
514 accidents in which the licensee has been involved where a conviction has resulted;
515 (8) consider the record of a licensee upon an application for renewal of a license and at
516 other appropriate times;
517 (9) search the license files, compile, and furnish a report on the driving record of any
518 individual licensed in the state in accordance with Section 53-3-109;
519 (10) develop and implement a record system as required by Section 41-6a-604;
520 (11) in accordance with Section 53G-10-507, establish:
521 (a) procedures and standards to certify teachers of driver education classes to
522 administer knowledge and skills tests;
523 (b) minimal standards for the tests; and
524 (c) procedures to enable school districts to administer or process any tests for students
525 to receive a class D operator's license;
526 (12) in accordance with Section 53-3-510, establish:
527 (a) procedures and standards to certify licensed instructors of commercial driver
528 training school courses to administer the skills test;
529 (b) minimal standards for the test; and
530 (c) procedures to enable licensed commercial driver training schools to administer or
531 process skills tests for students to receive a class D operator's license;
532 (13) provide administrative support to the Driver License Medical Advisory Board
533 created in Section 53-3-303;
534 (14) upon request by the lieutenant governor, provide the lieutenant governor with a
535 digital copy of the driver license or identification card signature of an individual who is an
536 applicant for voter registration under Section 20A-2-206; [
537 (15) in accordance with Section 53-3-407.1, establish:
538 (a) procedures and standards to license a commercial driver license third party tester or
539 commercial driver license third party examiner to administer the commercial driver license
540 skills tests;
541 (b) minimum standards for the commercial driver license skills test; and
542 (c) procedures to enable a licensed commercial driver license third party tester or
543 commercial driver license third party examiner to administer a commercial driver license skills
544 test for an applicant to receive a commercial driver license[
545 (16) receive from the Department of Health and Human Services a result from a blood
546 or urine test of an individual arrested for driving under the influence and use the blood or urine
547 test result in an administrative hearing or agency review involving the individual who is the
548 subject of the blood or urine test as described in Section 53-3-111.
549 Section 9. Section 53-3-111 is enacted to read:
550 53-3-111. Blood and urine test reports -- Permissible uses and restrictions.
551 (1) The division shall receive a result of a blood or urine test report in accordance with
552 Title 26B, Chapter 8, Part 4, Health Statistics.
553 (2) (a) The division may only use an individual's personally identifiable health data
554 from a blood and urine test in connection with:
555 (i) an administrative hearing involving that individual;
556 (ii) in accordance Title 63G, Chapter 4, Part 3, Agency Review, an agency review of
557 the administrative hearing described in Subsection (2)(a)(i); or
558 (iii) in accordance Title 63G, Chapter 4, Part 4, Judicial Review, a judicial review of
559 the administrative hearing described in Subsection (2)(a)(i).
560 (b) (i) The division shall aggregate and anonymize data from a blood and urine test.
561 (ii) The division may only use the anonymized and aggregated data from blood and
562 urine tests:
563 (A) to create a report required or requested by the Legislature; or
564 (B) to create statistical reports for criminal justice agencies.
565 (3) The division shall securely retain each blood and urine test as a private record as
566 provided in Title 63G, Chapter 2, Government Records Access and Management Act.
567 (4) The division may provide the information from a blood and urine test received
568 under this section:
569 (a) to the individual who is the subject of the blood and urine test;
570 (b) to the individual's attorney in connection with an administrative proceeding before
571 the division; or
572 (c) as otherwise required by law.
573 Section 10. Section 53-3-223 is amended to read:
574 53-3-223. Chemical test for driving under the influence -- Temporary license --
575 Hearing and decision -- Suspension and fee -- Judicial review.
576 (1) (a) If a peace officer has reasonable grounds to believe that a person may be
577 violating or has violated Section 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207, the peace
578 officer may, in connection with arresting the person, request that the person submit to a
579 chemical test or tests to be administered in compliance with the standards under Section
580 41-6a-520.
581 (b) In this section, a reference to Section 41-6a-502 includes any similar local
582 ordinance adopted in compliance with Subsection 41-6a-510(1).
583 (2) The peace officer shall advise a person prior to the person's submission to a
584 chemical test that a test result indicating a violation of Section 41-6a-502, 41-6a-517,
585 76-5-102.1, or 76-5-207 shall, and the existence of a blood alcohol content sufficient to render
586 the person incapable of safely driving a motor vehicle may, result in suspension or revocation
587 of the person's license to drive a motor vehicle.
588 (3) If the person submits to a chemical test and the test results indicate a blood or
589 breath alcohol content in violation of Section 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207,
590 or if a peace officer makes a determination, based on reasonable grounds, that the person is
591 otherwise in violation of Section 41-6a-502, 76-5-102.1, or 76-5-207, a peace officer shall, on
592 behalf of the division and within 24 hours of arrest, give notice of the division's intention to
593 suspend the person's license to drive a motor vehicle.
594 (4) When a peace officer gives notice on behalf of the division, the peace officer shall
595 supply to the driver, in a manner specified by the division, basic information regarding how to
596 obtain a prompt hearing before the division.
597 (5) As a matter of procedure, a peace officer shall send to the division within 10
598 calendar days after the day on which notice is provided:
599 (a) a copy of the citation issued for the offense;
600 (b) a signed report in a manner specified by the division indicating the chemical test
601 results, if any; and
602 (c) any other basis for the peace officer's determination that the person has violated
603 Section 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207.
604 (6) (a) Upon request in a manner specified by the division, the division shall grant to
605 the person an opportunity to be heard within 29 days after the date of arrest. The request to be
606 heard shall be made within 10 calendar days of the day on which notice is provided under
607 Subsection (5).
608 (b) (i) Except as provided in Subsection (6)(b)(ii), a hearing, if held, shall be before the
609 division in:
610 (A) the county in which the arrest occurred; or
611 (B) a county that is adjacent to the county in which the arrest occurred.
612 (ii) The division may hold a hearing in some other county if the division and the person
613 both agree.
614 (c) The hearing shall be documented and shall cover the issues of:
615 (i) whether a peace officer had reasonable grounds to believe the person was driving a
616 motor vehicle in violation of Section 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207;
617 (ii) whether the person refused to submit to the test; and
618 (iii) the test results, if any.
619 (d) (i) In connection with a hearing the division or its authorized agent:
620 (A) may administer oaths and may issue subpoenas for the attendance of witnesses and
621 the production of relevant books and papers; or
622 (B) may issue subpoenas for the attendance of necessary peace officers.
623 (ii) The division shall pay witness fees and mileage from the Transportation Fund in
624 accordance with the rates established in Section 78B-1-119.
625 (e) The division may designate one or more employees to conduct the hearing.
626 (f) Any decision made after a hearing before any designated employee is as valid as if
627 made by the division.
628 (7) (a) If, after a hearing, the division determines that a peace officer had reasonable
629 grounds to believe that the person was driving a motor vehicle in violation of Section
630 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207, if the person failed to appear before the
631 division as required in the notice, or if a hearing is not requested under this section, the division
632 shall:
633 (i) if the person is 21 years old or older at the time of arrest, suspend the person's
634 license or permit to operate a motor vehicle for a period of:
635 (A) 120 days beginning on the 45th day after the date of arrest for a first suspension; or
636 (B) two years beginning on the 45th day after the date of arrest for a second or
637 subsequent suspension for an offense that occurred within the previous 10 years; or
638 (ii) if the person is under 21 years old at the time of arrest:
639 (A) suspend the person's license or permit to operate a motor vehicle:
640 (I) for a period of six months, beginning on the 45th day after the date of arrest for a
641 first suspension; or
642 (II) until the person is 21 years old or for a period of two years, whichever is longer,
643 beginning on the 45th day after the date of arrest for a second or subsequent suspension for an
644 offense that occurred within the previous 10 years; or
645 (B) deny the person's application for a license or learner's permit:
646 (I) for a period of six months beginning on the 45th day after the date of the arrest for a
647 first suspension, if the person has not been issued an operator license; or
648 (II) until the person is 21 years old or for a period of two years, whichever is longer,
649 beginning on the 45th day after the date of arrest for a second or subsequent suspension for an
650 offense that occurred within the previous 10 years.
651 (b) (i) Notwithstanding the provisions in Subsection (7)(a)(i)(A), the division shall
652 reinstate a person's license prior to completion of the 120 day suspension period imposed under
653 Subsection (7)(a)(i)(A):
654 (A) immediately upon receiving written verification of the person's dismissal of a
655 charge for a violation of Section 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207, if the written
656 verification is received prior to completion of the suspension period; or
657 (B) no sooner than 60 days beginning on the 45th day after the date of arrest upon
658 receiving written verification of the person's reduction of a charge for a violation of Section
659 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207, if the written verification is received prior to
660 completion of the suspension period.
661 (ii) Notwithstanding the provisions in Subsection (7)(a)(i)(A), the division shall
662 reinstate a person's license prior to completion of the 120-day suspension period imposed under
663 Subsection (7)(a)(i)(A) immediately upon receiving written verification of the person's
664 conviction of impaired driving under Section 41-6a-502.5 if:
665 (A) the written verification is received prior to completion of the suspension period;
666 and
667 (B) the reporting court notifies the Driver License Division that the defendant is
668 participating in or has successfully completed the program of a driving under the influence
669 court as defined in Section 41-6a-501.
670 (iii) If a person's license is reinstated under this Subsection (7)(b), the person is
671 required to pay the license reinstatement application fees under Subsections 53-3-105(26) and
672 (27).
673 (iv) The driver license reinstatements authorized under this Subsection (7)(b) only
674 apply to a 120-day suspension period imposed under Subsection (7)(a)(i)(A).
675 (8) (a) The division shall assess against a person, in addition to any fee imposed under
676 Subsection 53-3-205(12) for driving under the influence, a fee under Section 53-3-105 to cover
677 administrative costs, which shall be paid before the person's driving privilege is reinstated.
678 This fee shall be cancelled if the person obtains an unappealed division hearing or court
679 decision that the suspension was not proper.
680 (b) A person whose license has been suspended by the division under this section
681 following an administrative hearing may file a petition within 30 days after the suspension for a
682 hearing on the matter which, if held, is governed by Section 53-3-224.
683 (9) (a) Notwithstanding the provisions in Subsection (7)(a)(i), the division shall
684 reinstate a person's license before completion of the suspension period imposed under
685 Subsection (7)(a)(i) if:
686 (i) (A) the reporting court notifies the Driver License Division that the person is
687 participating in or has successfully completed a 24-7 sobriety program as defined in Section
688 41-6a-515.5; or
689 (B) the reporting court notifies the Driver License Division that the person is
690 participating in or has successfully completed a problem solving court program approved by
691 the Judicial Council, including a driving under the influence court program or a drug court
692 program, and has elected to become an interlock restricted driver as a condition of probation
693 during the remainder of the person's suspension period in accordance with Section 41-6a-518;
694 and
695 (ii) the person has a valid driving privilege, with the exception of the suspension under
696 Subsection (7)(a)(i).
697 (b) If a person's license is reinstated under Subsection (9)(a), the person is required to
698 pay the license reinstatement application fees under Subsections 53-3-105(26) and (27).
699 (10) (a) If the division suspends a person's license for an alcohol related offense under
700 Subsection (7)(a)(i)(A), the person may petition the division and elect to become an ignition
701 interlock restricted driver if the person:
702 (i) has a valid driving privilege, with the exception of the suspension under Subsection
703 (7)(a)(i)(A);
704 (ii) installs an ignition interlock device in any vehicle owned or driven by the person in
705 accordance with Section 53-3-1007; and
706 (iii) pays the license reinstatement application fees described in Subsections
707 53-3-105(26) and (27).
708 (b) (i) The person shall remain an ignition interlock restricted driver for a period of 120
709 days from the original effective date of the suspension under Subsection (7)(a)(i)(A).
710 (ii) If the person removes an ignition interlock device from a vehicle owned or driven
711 by the person prior to the expiration of the 120-day ignition interlock restriction period and
712 does not install a new ignition interlock device from the same or a different provider within 24
713 hours:
714 (A) the person's driver license shall be suspended under Subsection (7)(a)(i)(A) for the
715 remainder of the 120-day ignition interlock restriction period;
716 (B) the person is required to pay the license reinstatement application fee under
717 Subsection 53-3-105(26); and
718 (C) the person may not elect to become an ignition interlock restricted driver under this
719 section.
720 (c) If a person elects to become an ignition interlock restricted driver under Subsection
721 (10)(a), the provisions under Subsection (7)(b) do not apply.
722 (11) (a) If the division suspends a person's license for an alcohol related offense under
723 Subsection (7)(a)(i)(B), the person may petition the division and elect to become an ignition
724 interlock restricted driver after the driver serves at least 90 days of the suspension if the person:
725 (i) was charged with a violation of Section 41-6a-502 that is a misdemeanor;
726 (ii) has a valid driving privilege, with the exception of the suspension under Subsection
727 (7)(a)(i)(B);
728 (iii) installs an ignition interlock device in any vehicle owned or driven by the person
729 in accordance with Section 53-3-1007; and
730 (iv) pays the license reinstatement application fees described in Subsections
731 53-3-105(26) and (27);
732 (b) (i) The person shall remain an ignition interlock restricted driver for a period of two
733 years from the original effective date of the suspension under Subsection (7)(a)(i)(B).
734 (ii) If the person removes an ignition interlock device from a vehicle owned or driven
735 by the person prior to the expiration of the two-year ignition interlock restriction period and
736 does not install a new ignition interlock device from the same or a different provider within 24
737 hours:
738 (A) the person's driver license shall be suspended under Subsection (7)(a)(i)(B) for the
739 remainder of the two-year ignition interlock restriction period;
740 (B) the person is required to pay the license reinstatement application fee under
741 Subsection 53-3-105(26); and
742 (C) the person may not elect to become an ignition interlock restricted driver under this
743 section.
744 (c) Notwithstanding Subsections (11)(a) and (b), if the person is subsequently
745 convicted of the violation of Section 41-6a-502 that gave rise to the suspension under
746 Subsection (7)(a)(i)(B), the division shall revoke the person's license under Subsection
747 41-6a-509(1)(a)(ii), and the person is no longer an ignition interlock restricted driver under this
748 Subsection (11).
749 (12) (a) Notwithstanding the provisions in Subsection (7)(a)(i)(B) the division shall
750 reinstate a person's license prior to completion of the two-year suspension period imposed
751 under Subsection (7)(a)(i)(B) immediately upon receiving written verification of the person's
752 dismissal of a charge for a violation of Section 41-6a-502, 41-6a-517, 76-5-102.1, or 76-5-207,
753 if the written verification is received prior to completion of the suspension period.
754 (b) If the person elected to become an ignition interlock restricted driver under
755 Subsection (11), and the division receives written verification of the person's dismissal of a
756 charge for violation of Section 41-6a-502, the driver is no longer an ignition restricted driver
757 under Subsection (11)(b)(i), and the division shall reinstate the person's license prior to the
758 completion of the two-year ignition interlock restriction period under Subsection (11)(b)(i).
759 Section 11. Section 53-25-102 is enacted to read:
760 53-25-102. Standards for oral fluid and portable breath tests -- Rulemaking.
761 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
762 department shall make rules to establish standards for the proper use of oral fluid and portable
763 breath testing as part of a field sobriety test.
764 (2) Each law enforcement agency shall provide training to ensure that:
765 (a) oral fluid and portable breath testing techniques and practices comply with the rules
766 described in Subsection (1); and
767 (b) oral fluid and portable breath testing equipment is used in a manner consistent with
768 manufacturer and industry standards.
769 Section 12. Effective date.
770 This bill takes effect on May 1, 2024.