Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 377 First Substitute (2015GS)

Sponsor

Rep. Redd, E.

Final action

House/ filed 3/12/2015

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• requires an interlock restricted driver to have written verification of certain information from the driver's employer and insurance company in the driver's possession while operating the employer's motor vehicle;
• requires the Driver License Division to post the ignition interlock restriction on a person's electronic record that is available to law enforcement;
• amends the requirements for an affirmative defense to an interlock restricted driver violation;
• amends the requirements for the Driver License Division to clear the suspension for an interlock restricted driver violation;
• requires the Driver License Division to suspend the driving privileges of an interlock restricted driver in certain circumstances; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

INTERLOCK RESTRICTED DRIVER AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Edward H. Redd
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies provisions relating to interlock restricted drivers.
Highlighted Provisions:
This bill:
▸ requires an interlock restricted driver to have written verification of certain
information from the driver's employer and insurance company in the driver's
possession while operating the employer's motor vehicle;
▸ requires the Driver License Division to post the ignition interlock restriction on a
person's electronic record that is available to law enforcement;
▸ amends the requirements for an affirmative defense to an interlock restricted driver
violation;
▸ amends the requirements for the Driver License Division to clear the suspension for
an interlock restricted driver violation;
▸ requires the Driver License Division to suspend the driving privileges of an
interlock restricted driver in certain circumstances; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-6a-518
, as last amended by Laws of Utah 2011, Chapter 421
41-6a-518.2
, as last amended by Laws of Utah 2009, Chapter 390
53-3-1007
, as last amended by Laws of Utah 2014, Chapter 101
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-6a-518
 is amended to read:
41-6a-518.
Ignition interlock devices -- Use -- Probationer to pay cost --
Impecuniosity -- Fee.
(1) As used in this section:
(a) "Commissioner" means the commissioner of the Department of Public Safety.
(b) "Ignition interlock system" or "system" means a constant monitoring device or any
similar device certified by the commissioner that prevents a motor vehicle from being started
or continuously operated without first determining the driver's breath alcohol concentration.
(c) "Probation provider" means the supervisor and monitor of the ignition interlock
system required as a condition of probation who contracts with the court in accordance with
Subsections 
41-6a-507
(2) and (3).
(2) (a) In addition to any other penalties imposed under Sections 
41-6a-503
 and
41-6a-505
, and in addition to any requirements imposed as a condition of probation, the court
may require that any person who is convicted of violating Section 
41-6a-502
 and who is
granted probation may not operate a motor vehicle during the period of probation unless that
motor vehicle is equipped with a functioning, certified ignition interlock system installed and
calibrated so that the motor vehicle will not start or continuously operate if the operator's blood
alcohol concentration exceeds a level ordered by the court.
(b) If a person convicted of violating Section 
41-6a-502
 was under the age of 21 when
the violation occurred, the court shall order the installation of the ignition interlock system as a
condition of probation.
(c) The division shall post the ignition interlock restriction on the electronic record
available to law enforcement.
(d) This section does not apply to a person convicted of a violation of Section
41-6a-502
 whose violation involves drugs other than alcohol.
(3) If the court imposes the use of an ignition interlock system as a condition of
probation, the court shall:
(a) stipulate on the record the requirement for and the period of the use of an ignition
interlock system;
(b) order that an ignition interlock system be installed on each motor vehicle owned or
operated by the probationer, at the probationer's expense;
(c) immediately notify the Driver License Division and the person's probation provider
of the order; and
(d) require the probationer to provide proof of compliance with the court's order to the
probation provider within 30 days of the order.
(4) (a) The probationer shall provide timely proof of installation within 30 days of an
order imposing the use of a system or show cause why the order was not complied with to the
court or to the probationer's probation provider.
(b) The probation provider shall notify the court of failure to comply under Subsection
(4)(a).
(c) For failure to comply under Subsection (4)(a) or upon receiving the notification
under Subsection (4)(b), the court shall order the Driver License Division to suspend the
probationer's driving privileges for the remaining period during which the compliance was
imposed.
(d) Cause for failure to comply means any reason the court finds sufficiently justifiable
to excuse the probationer's failure to comply with the court's order.
(5) (a) Any probationer required to install an ignition interlock system shall have the
system monitored by the manufacturer or dealer of the system for proper use and accuracy at
least semiannually and more frequently as the court may order.
(b) (i) A report of the monitoring shall be issued by the manufacturer or dealer to the
court or the person's probation provider.
(ii) The report shall be issued within 14 days following each monitoring.
(6) (a) If an ignition interlock system is ordered installed, the probationer shall pay the
reasonable costs of leasing or buying and installing and maintaining the system.
(b) A probationer may not be excluded from this section for inability to pay the costs,
unless:
(i) the probationer files an affidavit of impecuniosity; and
(ii) the court enters a finding that the probationer is impecunious.
(c) In lieu of waiver of the entire amount of the cost, the court may direct the
probationer to make partial or installment payments of costs when appropriate.
(d) The ignition interlock provider shall cover the costs of waivers by the court under
this Subsection (6).
(7) (a) If a probationer is required in the course and scope of employment to operate a
motor vehicle owned by the probationer's employer, the probationer may operate that motor
vehicle without installation of an ignition interlock system only if:
(i) the motor vehicle is used in the course and scope of employment;
(ii) the employer has been notified that the employee is restricted; [
and
]
(iii) the employee has [
proof of the notification
] in the employee's possession while
operating the employer's motor vehicle[
.
] 
written verification from the employer that:
(A) the employer is aware that the employee is an interlock restricted driver;
(B) the vehicle the employee is operating for employment purposes is not made
available to the employee for personal use; and
(C) the business entity that employs the employee is not all or partly owned or
controlled by the employee; and
(iv) the employee has written verification from the employer's insurance company that:
(A) the insurance company is aware that the employee is an interlock restricted driver;
and
(B) the employee has been added to the policy as an operator of the vehicle.
(b) (i) To the extent that an employer-owned motor vehicle is made available to a
probationer subject to this section for personal use, no exemption under this section shall apply.
(ii) A probationer intending to operate an employer-owned motor vehicle for personal
use and who is restricted to the operation of a motor vehicle equipped with an ignition interlock
system shall notify the employer and obtain consent in writing from the employer to install a
system in the employer-owned motor vehicle.
(c) A motor vehicle owned by a business entity that is all or partly owned or controlled
by a probationer subject to this section is not a motor vehicle owned by the employer and does
not qualify for an exemption under this Subsection (7).
(8) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
the commissioner shall make rules setting standards for the certification of ignition interlock
systems.
(b) The standards under Subsection (8)(a) shall require that the system:
(i) not impede the safe operation of the motor vehicle;
(ii) have features that make circumventing difficult and that do not interfere with the
normal use of the motor vehicle;
(iii) require a deep lung breath sample as a measure of breath alcohol concentration;
(iv) prevent the motor vehicle from being started if the driver's breath alcohol
concentration exceeds a specified level;
(v) work accurately and reliably in an unsupervised environment;
(vi) resist tampering and give evidence if tampering is attempted;
(vii) operate reliably over the range of motor vehicle environments; and
(viii) be manufactured by a party who will provide liability insurance.
(c) The commissioner may adopt in whole or in part, the guidelines, rules, studies, or
independent laboratory tests relied upon in certification of ignition interlock systems by other
states.
(d) A list of certified systems shall be published by the commissioner and the cost of
certification shall be borne by the manufacturers or dealers of ignition interlock systems
seeking to sell, offer for sale, or lease the systems.
(e) (i) In accordance with Section 
63J-1-504
, the commissioner may establish an
annual dollar assessment against the manufacturers of ignition interlock systems distributed in
the state for the costs incurred in certifying.
(ii) The assessment under Subsection (8)(e)(i) shall be apportioned among the
manufacturers on a fair and reasonable basis.
(f) The commissioner shall require a provider of an ignition interlock system certified
in accordance with this section to comply with the requirements of Title 53, Chapter 3, Part 10,
Ignition Interlock System Program Act.
(9) There shall be no liability on the part of, and no cause of action of any nature shall
arise against, the state or its employees in connection with the installation, use, operation,
maintenance, or supervision of an interlock ignition system as required under this section.
Section 2. Section 
41-6a-518.2
 is amended to read:
41-6a-518.2.
Interlock restricted driver -- Penalties for operation without ignition
interlock system.
(1) As used in this section:
(a) "Ignition interlock system" means a constant monitoring device or any similar
device that:
(i) is in working order at the time of operation or actual physical control; and
(ii) is certified by the commissioner of public safety in accordance with Subsection
41-6a-518
(8)[
; and
]
.
(b) (i) "Interlock restricted driver" means a person who:
(A) has been ordered by a court or the Board of Pardons and Parole as a condition of
probation or parole not to operate a motor vehicle without an ignition interlock system;
(B) within the last 18 months has been convicted of a driving under the influence
violation under Section 
41-6a-502
 that was committed on or after July 1, 2009;
(C) (I) within the last three years has been convicted of an offense that occurred after
May 1, 2006 which would be a conviction as defined under Section 
41-6a-501
; and
(II) the offense described under Subsection (1)(b)(i)(C)(I) is committed within 10 years
from the date that one or more prior offenses was committed if the prior offense resulted in a
conviction as defined in Subsection 
41-6a-501
(2);
(D) within the last three years has been convicted of a violation of this section;
(E) within the last three years has had the person's driving privilege revoked for refusal
to submit to a chemical test under Section 
41-6a-520
, which refusal occurred after May 1,
2006;
(F) within the last three years has been convicted of a violation of Section 
41-6a-502
and was under the age of 21 at the time the offense was committed;
(G) within the last six years has been convicted of a felony violation of Section
41-6a-502
 for an offense that occurred after May 1, 2006; or
(H) within the last 10 years has been convicted of automobile homicide under Section
76-5-207
 for an offense that occurred after May 1, 2006[
; and
]
.
(ii) "Interlock restricted driver" does not include a person if:
(A) the person's conviction described in Subsection (1)(b)(i)(C)(I) is a conviction under
Section 
41-6a-517
; and
(B) all of the person's prior convictions described in Subsection (1)(b)(i)(C)(II) are
convictions under Section 
41-6a-517
.
(2) The division shall post the ignition interlock restriction on a person's electronic
record that is available to law enforcement.
[
(2)
] 
(3)
 For purposes of this section, a plea of guilty or no contest to a violation of
Section 
41-6a-502
 which plea was held in abeyance under Title 77, Chapter 2a, Pleas in
Abeyance, prior to July 1, 2008, is the equivalent of a conviction, even if the charge has been
subsequently reduced or dismissed in accordance with the plea in abeyance agreement.
[
(3)
] 
(4)
 An interlock restricted driver that operates or is in actual physical control of a
vehicle in this state without an ignition interlock system is guilty of a class B misdemeanor.
[
(4) (a)
] 
(5)
 It is an affirmative defense to a charge of a violation of Subsection [
(3)
] 
(4)
if:
[
(i)
] 
(a)
 an interlock restricted driver:
[
(A)
] 
(i)
 operated or was in actual physical control of a vehicle owned by the interlock
restricted driver's employer;
[
(B)
] 
(ii)
 had given written notice to the employer of the interlock restricted driver's
interlock restricted status prior to the operation or actual physical control under Subsection
[
(4)(a)(i)
] 
(5)(a)
; [
and
]
[
(C)
] 
(iii)
 had on the interlock restricted driver's person or in the vehicle at the time of
operation or 
actual
 physical control [
proof of having given notice to the interlock restricted
driver's employer; and
] 
written verification from the person's employer that:
(A) the employer is aware that the employee is an interlock restricted driver;
(B) the vehicle the employee is operating for employment purposes is not made
available to the employee for personal use; and
(C) the business entity that employs the employee is not all or partly owned or
controlled by the employee; and
(iv) had on the interlock restricted driver's person or in the vehicle at the time of
operation or actual physical control written verification from the employer's insurance company
that:
(A) the insurance company is aware that the employee is an interlock restricted driver;
and
(B) the employee has been added to the policy as an operator of the vehicle; and
[
(ii)
] 
(b)
 the operation or actual physical control under Subsection [
(4)(a)(i)(A)
]
(5)(a)(i)
 was in the scope of the interlock restricted driver's employment.
[
(b)
] 
(6)
 The affirmative defense under Subsection [
(4)(a)
] 
(5)
 does not apply to:
[
(i)
] 
(a)
 an employer-owned motor vehicle that is made available to an interlock
restricted driver for personal use; or
[
(ii)
] 
(b)
 a motor vehicle owned by a business entity that is all or partly owned or
controlled by the interlock restricted driver.
Section 3. Section 
53-3-1007
 is amended to read:
53-3-1007.
Ignition interlock system provider -- Notification to the division upon
installation or removal of an ignition interlock system -- License suspension or revocation
for failure to install or remove.
(1) An ignition interlock system provider who installs an ignition interlock system on a
person's vehicle shall:
(a) provide proof of installation to the person; and
(b) electronically notify the division of installation of an ignition interlock system on
the person's vehicle.
(2) An ignition interlock system provider shall electronically notify the division if a
person has removed an ignition interlock system from the person's vehicle.
(3) If an individual is an interlock restricted driver, the division shall:
(a) suspend the person's driving privilege for the duration of the restriction period as
defined in Section 
41-6a-518.2
; 
and
(b) notify the person of the suspension period in place and the requirements for
reinstatement of the driving privilege with respect to the ignition interlock restriction
suspension[
; and
]
.
[
(c)
] 
(4) The division shall
 clear the suspension upon:
[
(i)
] 
(a)
 receipt of payment of the fee or fees specified in Section 
53-3-105
; and
[
(ii) (A)
] 
(b) (i)
 receipt of electronic notification from an ignition interlock system
provider showing proof of the installation of an ignition interlock system on the person's
vehicle 
or the vehicle the person will be operating
; or
(ii) if the person does not own a vehicle or will not be operating a vehicle owned by
another individual:
[
(B) electronically verifying
] 
(A) electronic verification
 that the person does not have
a vehicle registered in the person's name in the state of Utah[
.
]
;
(B) receipt of written verification from the person's employer that the employer is
aware that the person is an interlock restricted driver, that the vehicle the person is operating
for employment purposes is not made available to the person for personal use, and that the
business entity that employees the person is not all or partly owned or controlled by the person;
and
(C) receipt of written verification from the employer's insurance company that the
insurance company is aware that the person is an interlock restricted driver and that the person
has been added to the policy as a driver of the vehicle.
(5) If Subsection (4)(b)(ii) applies, the division shall biannually:
(a) electronically verify the person does not have a vehicle registered in the person's
name in the state of Utah; and
(b) require the person to provide updated documentation as outlined in Subsections
(4)(b)(ii)(B) and (C).
(6) If the person does not provide the required documentation, the division shall
suspend the person's driving privilege until the division receives:
(a) if the person has a registered vehicle in the person's name in the state of Utah:
(i) payment of the fee or fees specified in Section 
53-3-105
; and
(ii) electronic notification from an ignition interlock system provider showing proof of
the installation of an ignition interlock system on the person's vehicle or the vehicle the person
will be operating; or
(b) if the person does not own a vehicle or will not be operating a vehicle owned by
another individual:
(i) electronic verification that the person does not have a vehicle registered in the
person's name in the state of Utah;
(ii) written verification from the person's employer that the employer is aware that the
person is an interlock restricted driver, that the vehicle the person is operating for employment
purposes is not made available to the person for personal use, and that the business entity that
employs the person is not all or partly owned or controlled by the person; and
(iii) written verification from the employer's insurance company that the insurance
company is aware that the person is an interlock restricted driver and that the person has been
added to the policy as a driver of the vehicle.
[
(4)
] 
(7)
 By following the procedures in Title 63G, Chapter 4, Administrative
Procedures Act, the division shall suspend the license of any person without receiving a record
of the person's conviction of crime seven days after receiving electronic notification from an
ignition interlock system provider that a person has removed an ignition interlock system from
the person's vehicle 
or a vehicle owned by another individual and operated by the person
 if the
person is an interlock restricted driver until[
: (a)
] the division 
receives
:
[
(i) receives
] 
(a)
 payment of the fee or fees specified in Section 
53-3-105
; and
[
(ii) (A) receives
] 
(b) (i)
 electronic notification from an ignition interlock system
provider showing new proof of the installation of an ignition interlock system; [
or
]
(ii) if the person does not own a vehicle or will not be operating a vehicle owned by
another individual:
[
(B) electronically verifies
] 
(A) electronic verification
 that the person does not have a
vehicle registered in the person's name in the state of Utah; [
or
]
(B) written verification from the person's employer that the employer is aware that the
person is an interlock restricted driver, that the vehicle the person is operating for employment
purposes is not made available to the person for personal use, and that the business entity that
employs the person is not all or partly owned or controlled by the person; and
(C) written verification from the employer's insurance company that the insurance
company is aware that the person is an interlock restricted driver and that the person has been
added to the policy as a driver of the vehicle; or
[
(b)
] 
(iii)
 the person's interlock restricted period has expired.
[
(5)
] 
(8)
 In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
Act, the division shall make rules establishing:
(a) procedures for certification and regulation of ignition interlock system providers;
(b) acceptable documentation for proof of the installation of an ignition interlock
device;
(c) procedures for an ignition interlock system provider to electronically notify the
division; and
(d) policies and procedures for the administration of the ignition interlock system
program created under this section.
Legislative Review Note
 as of 2-18-15 2:19 PM
Office of Legislative Research and General Counsel