Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 437 (2025GS)

Sponsor

Rep. Eliason, Steve

Final action

House/ to Governor 3/12/2025

Outcome

House/ to Governor

Summary

What it does

• This bill:
• provides that a person convicted of driving under the influence may be designated as an interdicted person and is prohibited from purchasing alcohol for a certain time period;
• requires a court to designate an individual as a interdicted person if the person is convicted of an extreme DUI;
• allows the court to determine the time period of interdiction;
• requires the Department of Alcoholic Beverage Services to provide training on verification of whether a person is an interdicted person, including inspection of the person's identification card or driver license;
• requires a person designated as an interdicted person to obtain a unique driver license or identification card with security features indicating that the person is an interdicted person;
• allows a person to voluntarily obtain a unique driver license or identification card with security features indicating that the person is an interdicted person;
• provides relevant definitions; and
• makes technical changes.

Every vote on this bill

Bill text

42
32B-1-102
32B-1-704
32B-4-405
32B-5-306
41-6a-102
41-6a-505
53-3-102
53-3-104
53-3-105
53-3-236
53-3-802
53-3-805
53-3-808
Interdicted Person Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: Jerry W. Stevenson
LONG TITLE
General Description:
This bill provides that an individual convicted of driving under the influence may be 
designated as an interdicted person.
Highlighted Provisions:
This bill:
provides that a person convicted of driving under the influence may be designated as an 
interdicted person and is prohibited from purchasing alcohol for a certain time period;
allows the court to determine the time period of interdiction;
requires the Department of Alcoholic Beverage Services to provide training on 
verification of whether a person is an interdicted person, including inspection of the 
person's identification card or driver license;
requires a person designated as an interdicted person to obtain a unique driver license or 
identification card with security features indicating that the person is an interdicted 
person;
allows a person to voluntarily obtain a unique driver license or identification card with 
security features indicating that the person is an interdicted person;
provides relevant definitions; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
32B-1-102
, as last amended by Laws of Utah 2024, Chapters 438, 464
32B-1-704
, as last amended by Laws of Utah 2024, Chapter 438
32B-4-405
, as enacted by Laws of Utah 2010, Chapter 276
32B-5-306
, as last amended by Laws of Utah 2019, Chapter 403
41-6a-102
, as last amended by Laws of Utah 2024, Chapter 236
41-6a-505
, as last amended by Laws of Utah 2024, Chapters 134, 197
53-3-102
, as last amended by Laws of Utah 2024, Chapter 517
53-3-104
, as last amended by Laws of Utah 2024, Chapter 106
53-3-105
, as last amended by Laws of Utah 2024, Chapter 527
53-3-802
, as renumbered and amended by Laws of Utah 1993, Chapter 234
53-3-805
, as last amended by Laws of Utah 2023, Chapters 328, 414 and 456
53-3-808
, as last amended by Laws of Utah 2009, Chapter 45
ENACTS:
53-3-236
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
32B-1-102
 is amended to read:
32B-1-102. Definitions.
As used in this title:
(1)
"Airport lounge" means a business location:
(a)
at which an alcoholic product is sold at retail for consumption on the premises; and
(b)
that is located at an international airport or domestic airport.
(2)
"Airport lounge license" means a license issued in accordance with Chapter 5, Retail 
License Act, and Chapter 6, Part 5, Airport Lounge License.
(3)
"Alcoholic beverage" means the following:
(a)
beer; or
(b)
liquor.
(4)
(a)
"Alcoholic product" means a product that:
(i)
contains at least .5% of alcohol by volume; and
(ii)
is obtained by fermentation, infusion, decoction, brewing, distillation, or other 
process that uses liquid or combinations of liquids, whether drinkable or not, to 
create alcohol in an amount equal to or greater than .5% of alcohol by volume.
(b)
"Alcoholic product" includes an alcoholic beverage.
(c)
"Alcoholic product" does not include any of the following common items that 
otherwise come within the definition of an alcoholic product:
(i)
except as provided in Subsection (4)(d), an extract;
(ii)
vinegar;
(iii)
preserved nonintoxicating cider;
(iv)
essence;
(v)
tincture;
(vi)
food preparation; or
(vii)
an over-the-counter medicine.
(d)
"Alcoholic product" includes an extract containing alcohol obtained by distillation 
when it is used as a flavoring in the manufacturing of an alcoholic product.
(5)
"Alcohol training and education seminar" means a seminar that is:
(a)
required by Chapter 1, Part 7, Alcohol Training and Education Act; and
(b)
described in Section 
26B-5-205
.
(6)
"Arena" means an enclosed building:
(a)
that is managed by:
(i)
the same person who owns the enclosed building;
(ii)
a person who has a majority interest in each person who owns or manages a space 
in the enclosed building; or
(iii)
a person who has authority to direct or exercise control over the management or 
policy of each person who owns or manages a space in the enclosed building;
(b)
that operates as a venue; and
(c)
that has an occupancy capacity of at least 12,500.
(7)
"Arena license" means a license issued in accordance with Chapter 5, Retail License Act, 
and Chapter 8c, Arena License Act.
(8)
"Banquet" means an event:
(a)
that is a private event or a privately sponsored event;
(b)
that is held at one or more designated locations approved by the commission in or on 
the premises of:
(i)
a hotel;
(ii)
a resort facility;
(iii)
a sports center;
(iv)
a convention center;
(v)
a performing arts facility;
(vi)
an arena; or
(vii)
a restaurant venue;
(c)
for which there is a contract:
(i)
between a person operating a facility listed in Subsection (8)(b) and another 
person that has common ownership of less than 20% with the person operating the 
facility; and
(ii)
under which the person operating a facility listed in Subsection (8)(b) is required 
to provide an alcoholic product at the event; and
(d)
at which food and alcoholic products may be sold, offered for sale, or furnished.
(9)
(a)
"Bar establishment license" means a license issued in accordance with Chapter 5, 
Retail License Act, and Chapter 6, Part 4, Bar Establishment License.
(b)
"Bar establishment license" includes:
(i)
a dining club license;
(ii)
an equity license;
(iii)
a fraternal license; or
(iv)
a bar license.
(10)
"Bar license" means a license issued in accordance with Chapter 5, Retail License Act, 
and Chapter 6, Part 4, Bar Establishment License.
(11)
(a)
"Beer" means a product that:
(i)
contains:
(A)
at least .5% of alcohol by volume; and
(B)
no more than 5% of alcohol by volume or 4% by weight;
(ii)
is obtained by fermentation, infusion, or decoction of:
(A)
malt; or
(B)
a malt substitute; and
(iii)
is clearly marketed, labeled, and identified as:
(A)
beer;
(B)
ale;
(C)
porter;
(D)
stout;
(E)
lager;
(F)
a malt;
(G)
a malted beverage; or
(H)
seltzer.
(b)
"Beer" may contain:
(i)
hops extract;
(ii)
caffeine, if the caffeine is a natural constituent of an added ingredient; or
(iii)
a propylene glycol-, ethyl alcohol-, or ethanol-based flavoring agent that:
(A)
is used in the production of beer;
(B)
is in a formula approved by the federal Alcohol and Tobacco Tax and Trade 
Bureau after the formula is filed for approval under 27 C.F.R. Sec. 25.55; and
(C)
does not contribute more than 10% of the overall alcohol content of the beer.
(c)
"Beer" does not include:
(i)
a flavored malt beverage;
(ii)
a product that contains alcohol derived from:
(A)
except as provided in Subsection (11)(b)(iii), spirituous liquor; or
(B)
wine; or
(iii)
a product that contains an additive masking or altering a physiological effect of 
alcohol, including kratom, kava, cannabidiol, or natural or synthetic 
tetrahydrocannabinol.
(12)
"Beer-only restaurant license" means a license issued in accordance with Chapter 5, 
Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License.
(13)
"Beer retailer" means a business that:
(a)
is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for 
consumption on or off the business premises; and
(b)
is licensed as:
(i)
an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise 
Beer Retailer Local Authority; or
(ii)
an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and 
Chapter 6, Part 7, On-Premise Beer Retailer License.
(14)
"Beer wholesaling license" means a license:
(a)
issued in accordance with Chapter 13, Beer Wholesaling License Act; and
(b)
to import for sale, or sell beer in wholesale or jobbing quantities to one or more retail 
licensees or off-premise beer retailers.
(15)
"Billboard" means a public display used to advertise, including:
(a)
a light device;
(b)
a painting;
(c)
a drawing;
(d)
a poster;
(e)
a sign;
(f)
a signboard; or
(g)
a scoreboard.
(16)
"Brewer" means a person engaged in manufacturing:
(a)
beer;
(b)
heavy beer; or
(c)
a flavored malt beverage.
(17)
"Brewery manufacturing license" means a license issued in accordance with Chapter 
11, Part 5, Brewery Manufacturing License.
(18)
"Certificate of approval" means a certificate of approval obtained from the department 
under Section 
32B-11-201
.
(19)
"Chartered bus" means a passenger bus, coach, or other motor vehicle provided by a 
bus company to a group of persons pursuant to a common purpose:
(a)
under a single contract;
(b)
at a fixed charge in accordance with the bus company's tariff; and
(c)
to give the group of persons the exclusive use of the passenger bus, coach, or other 
motor vehicle, and a driver to travel together to one or more specified destinations.
(20)
"Church" means a building:
(a)
set apart for worship;
(b)
in which religious services are held;
(c)
with which clergy is associated; and
(d)
that is tax exempt under the laws of this state.
(21)
"Commission" means the Alcoholic Beverage Services Commission created in Section 
32B-2-201
.
(22)
"Commissioner" means a member of the commission.
(23)
"Community location" means:
(a)
a public or private school as defined in Subsection 
32B-1-102
(115);
(b)
a church;
(c)
a public library;
(d)
a public playground; or
(e)
a public park.
(24)
"Community location governing authority" means:
(a)
the governing body of the community location; or
(b)
if the commission does not know who is the governing body of a community 
location, a person who appears to the commission to have been given on behalf of the 
community location the authority to prohibit an activity at the community location.
(25)
"Container" means a receptacle that contains an alcoholic product, including:
(a)
a bottle;
(b)
a vessel; or
(c)
a similar item.
(26)
"Controlled group of manufacturers" means as the commission defines by rule made in 
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(27)
"Convention center" means a facility that is:
(a)
in total at least 30,000 square feet; and
(b)
otherwise defined as a "convention center" by the commission by rule.
(28)
(a)
"Counter" means a surface or structure in a dining area of a licensed premises 
where seating is provided to a patron for service of food.
(b)
"Counter" does not include a dispensing structure.
(29)
"Crime involving moral turpitude" is as defined by the commission by rule.
(30)
"Department" means the Department of Alcoholic Beverage Services created in 
Section 
32B-2-203
.
(31)
"Department compliance officer" means an individual who is:
(a)
an auditor or inspector; and
(b)
employed by the department.
(32)
"Department sample" means liquor that is placed in the possession of the department 
for testing, analysis, and sampling.
(33)
"Dining club license" means a license issued in accordance with Chapter 5, Retail 
License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the 
commission as a dining club license.
(34)
"Director," unless the context requires otherwise, means the director of the department.
(35)
"Disciplinary proceeding" means an adjudicative proceeding permitted under this title:
(a)
against a person subject to administrative action; and
(b)
that is brought on the basis of a violation of this title.
(36)
(a)
Subject to Subsection (36)(b), "dispense" means:
(i)
drawing an alcoholic product; and
(ii)
using the alcoholic product at the location from which it was drawn to mix or 
prepare an alcoholic product to be furnished to a patron of the retail licensee.
(b)
The definition of "dispense" in this Subsection (36) applies only to:
(i)
a full-service restaurant license;
(ii)
a limited-service restaurant license;
(iii)
a reception center license;
(iv)
a beer-only restaurant license;
(v)
a bar license;
(vi)
an on-premise beer retailer;
(vii)
an airport lounge license;
(viii)
an on-premise banquet license; and
(ix)
a hospitality amenity license.
(37)
"Dispensing structure" means a surface or structure on a licensed premises:
(a)
where an alcoholic product is dispensed; or
(b)
from which an alcoholic product is served.
(38)
"Distillery manufacturing license" means a license issued in accordance with Chapter 
11, Part 4, Distillery Manufacturing License.
(39)
"Distressed merchandise" means an alcoholic product in the possession of the 
department that is saleable, but for some reason is unappealing to the public.
(40)
"Domestic airport" means an airport that:
(a)
has at least 15,000 commercial airline passenger boardings in any five-year period;
(b)
receives scheduled commercial passenger aircraft service; and
(c)
is not an international airport.
(41)
"Equity license" means a license issued in accordance with Chapter 5, Retail License 
Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the 
commission as an equity license.
(42)
"Event permit" means:
(a)
a single event permit; or
(b)
a temporary beer event permit.
(43)
"Exempt license" means a license exempt under Section 
32B-1-201
 from being 
considered in determining the total number of retail licenses that the commission may 
issue at any time.
(44)
(a)
"Flavored malt beverage" means a beverage:
(i)
that contains at least .5% alcohol by volume;
(ii)
for which the producer is required to file a formula for approval with the federal 
Alcohol and Tobacco Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 because 
the beverage is treated by processing, filtration, or another method of manufacture 
that is not generally recognized as a traditional process in the production of a beer, 
ale, porter, stout, lager, or malt liquor; and
(iii)
for which the producer is required to file a formula for approval with the federal 
Alcohol and Tobacco Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 because 
the beverage includes an ingredient containing alcohol.
(b)
"Flavored malt beverage" may contain a propylene glycol-, ethyl alcohol-, or 
ethanol-based flavoring agent that contributes to the overall alcohol content of the 
beverage.
(c)
"Flavored malt beverage" does not include beer or heavy beer.
(d)
"Flavored malt beverage" is considered liquor for purposes of this title.
(45)
"Fraternal license" means a license issued in accordance with Chapter 5, Retail License 
Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the 
commission as a fraternal license.
(46)
"Full-service restaurant license" means a license issued in accordance with Chapter 5, 
Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License.
(47)
(a)
"Furnish" means by any means to provide with, supply, or give an individual an 
alcoholic product, by sale or otherwise.
(b)
"Furnish" includes to:
(i)
serve;
(ii)
deliver; or
(iii)
otherwise make available.
(48)
"Guest" means an individual who meets the requirements of Subsection 
32B-6-407
(9).
(49)
"Hard cider" means the same as that term is defined in 26 U.S.C. Sec. 5041.
(50)
"Health care practitioner" means:
(a)
a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
(b)
an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
(c)
a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
(d)
a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice 
Act;
(e)
a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b, 
Nurse Practice Act;
(f)
a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy 
Practice Act;
(g)
an occupational therapist licensed under Title 58, Chapter 42a, Occupational 
Therapy Practice Act;
(h)
a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
(i)
a mental health professional licensed under Title 58, Chapter 60, Mental Health 
Professional Practice Act;
(j)
a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
(k)
an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice 
Act;
(l)
a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental 
Hygienist Practice Act; and
(m)
a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant 
Act.
(51)
(a)
"Heavy beer" means a product that:
(i)
(A)
contains more than 5% alcohol by volume;
(B)
contains at least .5% of alcohol by volume and no more than 5% of alcohol by 
volume or 4% by weight, and a propolyne glycol-, ethyl alcohol-, or 
ethanol-based flavoring agent that contributes more than 10% of the overall 
alcohol content of the product; or
(C)
contains at least .5% of alcohol by volume and no more than 5% of alcohol by 
volume or 4% by weight, and has a label or packaging that is rejected under 
Subsection 
32B-1-606
(3)(b); and
(ii)
is obtained by fermentation, infusion, or decoction of:
(A)
malt; or
(B)
a malt substitute.
(b)
"Heavy beer" may, if the heavy beer contains more than 5% alcohol by volume, 
contain a propolyne glycol-, ethyl alcohol-, or ethanol-based flavoring agent that 
contributes to the overall alcohol content of the heavy beer.
(c)
"Heavy beer" does not include:
(i)
a flavored malt beverage;
(ii)
a product that contains alcohol derived from:
(A)
except as provided in Subsections (51)(a)(i)(B) and (51)(b), spirituous liquor; 
or
(B)
wine; or
(iii)
a product that contains an additive masking or altering a physiological effect of 
alcohol, including kratom, kava, cannabidiol, or natural or synthetic 
tetrahydrocannabinol.
(d)
"Heavy beer" is considered liquor for the purposes of this title.
(52)
"Hospitality amenity license" means a license issued in accordance with Chapter 5, 
Retail License Act, and Chapter 6, Part 10, Hospitality Amenity License.
(53)
(a)
"Hotel" means a commercial lodging establishment that:
(i)
offers at least 40 rooms as temporary sleeping accommodations for compensation;
(ii)
is capable of hosting conventions, conferences, and food and beverage functions 
under a banquet contract; and
(iii)
(A)
has adequate kitchen or culinary facilities on the premises to provide 
complete meals;
(B)
has at least 1,000 square feet of function space consisting of meeting or dining 
rooms that can be reserved for a banquet and can accommodate at least 75 
individuals; or
(C)
if the establishment is located in a small or unincorporated locality, has an 
appropriate amount of function space consisting of meeting or dining rooms 
that can be reserved for private use under a banquet contract, as determined by 
the commission.
(b)
"Hotel" includes a commercial lodging establishment that:
(i)
meets the requirements under Subsection (53)(a); and
(ii)
has one or more privately owned dwelling units.
(54)
"Hotel license" means a license issued in accordance with Chapter 5, Retail License 
Act, and Chapter 8b, Hotel License Act.
(55)
"Identification card" means an identification card issued under Title 53, Chapter 3, Part 
8, Identification Card Act.
(56)
"Industry representative" means an individual who is compensated by salary, 
commission, or other means for representing and selling an alcoholic product of a 
manufacturer, supplier, or importer of liquor.
(57)
"Industry representative sample" means liquor that is placed in the possession of the 
department for testing, analysis, and sampling by a local industry representative on the 
premises of the department to educate the local industry representative of the quality and 
characteristics of the product.
(58)
(a)
"Interdicted person" means a person to whom the sale, offer for sale, or 
furnishing of an alcoholic product is prohibited by:
(a)
(i)
law; or
(b)
(ii)
court order.
(b)
"Interdicted person" includes a person who voluntarily obtains an interdicted person 
license certificate under Section 
53-3-236
 or an interdicted person identification card 
under Section 
53-3-805
.
(59)
"International airport" means an airport:
(a)
with a United States Customs and Border Protection office on the premises of the 
airport; and
(b)
at which international flights may enter and depart.
(60)
"Intoxicated" or "intoxication" means that
an individual exhibits plain and easily observable outward manifestations of behavior or 
physical signs produced by or as a result of the use of:
(a)
an alcoholic product;
(b)
a controlled substance;
(c)
a substance having the property of releasing toxic vapors; or
(d)
a combination of products or substances described in Subsections (60)(a) through (c).
(61)
"Investigator" means an individual who is:
(a)
a department compliance officer; or
(b)
a nondepartment enforcement officer.
(62)
"License" means:
(a)
a retail license;
(b)
a sublicense;
(c)
a license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State 
License;
(d)
a license issued in accordance with Chapter 11, Manufacturing and Related Licenses 
Act;
(e)
a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
(f)
a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
(g)
a license issued in accordance with Chapter 17, Liquor Transport License Act.
(63)
"Licensee" means a person who holds a license.
(64)
"Limited-service restaurant license" means a license issued in accordance with Chapter 
5, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License.
(65)
"Limousine" means a motor vehicle licensed by the state or a local authority, other 
than a bus or taxicab:
(a)
in which the driver and a passenger are separated by a partition, glass, or other 
barrier;
(b)
that is provided by a business entity to one or more individuals at a fixed charge in 
accordance with the business entity's tariff; and
(c)
to give the one or more individuals the exclusive use of the limousine and a driver to 
travel to one or more specified destinations.
(66)
(a)
(i)
"Liquor" means a liquid that:
(A)
is:
(I)
alcohol;
(II)
an alcoholic, spirituous, vinous, fermented, malt, or other liquid;
(III)
a combination of liquids a part of which is spirituous, vinous, or 
fermented; or
(IV)
other drink or drinkable liquid; and
(B)
(I)
contains at least .5% alcohol by volume; and
(II)
is suitable to use for beverage purposes.
(ii)
"Liquor" includes:
(A)
heavy beer;
(B)
wine; and
(C)
a flavored malt beverage.
(b)
"Liquor" does not include beer.
(67)
"Liquor Control Fund" means the enterprise fund created by Section 
32B-2-301
.
(68)
"Liquor transport license" means a license issued in accordance with Chapter 17, 
Liquor Transport License Act.
(69)
"Liquor warehousing license" means a license that is issued:
(a)
in accordance with Chapter 12, Liquor Warehousing License Act; and
(b)
to a person, other than a licensed manufacturer, who engages in the importation for 
storage, sale, or distribution of liquor regardless of amount.
(70)
"Local authority" means:
(a)
for premises that are located in an unincorporated area of a county, the governing 
body of a county;
(b)
for premises that are located in an incorporated city or town, the governing body of 
the city or town; or
(c)
for premises that are located in a project area as defined in Section 
63H-1-102
 and in 
a project area plan adopted by the Military Installation Development Authority under 
Title 63H, Chapter 1, Military Installation Development Authority Act, the Military 
Installation Development Authority.
(71)
"Lounge or bar area" is as defined by rule made by the commission.
(72)
"Malt substitute" means:
(a)
rice;
(b)
grain;
(c)
bran;
(d)
glucose;
(e)
sugar; or
(f)
molasses.
(73)
"Manufacture" means to distill, brew, rectify, mix, compound, process, ferment, or 
otherwise make an alcoholic product for personal use or for sale or distribution to others.
(74)
"Member" means an individual who, after paying regular dues, has full privileges in an 
equity licensee or fraternal licensee.
(75)
(a)
"Military installation" means a base, air field, camp, post, station, yard, center, or 
homeport facility for a ship:
(i)
(A)
under the control of the United States Department of Defense; or
(B)
of the National Guard;
(ii)
that is located within the state; and
(iii)
including a leased facility.
(b)
"Military installation" does not include a facility used primarily for:
(i)
civil works;
(ii)
a rivers and harbors project; or
(iii)
a flood control project.
(76)
"Minibar" means an area of a hotel guest room where one or more alcoholic products 
are kept and offered for self-service sale or consumption.
(77)
"Minor" means an individual under 21 years old.
(78)
"Nondepartment enforcement agency" means an agency that:
(a)
(i)
is a state agency other than the department; or
(ii)
is an agency of a county, city, or town; and
(b)
has a responsibility to enforce one or more provisions of this title.
(79)
"Nondepartment enforcement officer" means an individual who is:
(a)
a peace officer, examiner, or investigator; and
(b)
employed by a nondepartment enforcement agency.
(80)
(a)
"Off-premise beer retailer" means a beer retailer who is:
(i)
licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and
(ii)
engaged in the retail sale of beer to a patron for consumption off the beer retailer's 
premises.
(b)
"Off-premise beer retailer" does not include an on-premise beer retailer.
(81)
"Off-premise beer retailer state license" means a state license issued in accordance 
with Chapter 7, Part 4, Off-premise Beer Retailer State License.
(82)
"On-premise banquet license" means a license issued in accordance with Chapter 5, 
Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License.
(83)
"On-premise beer retailer" means a beer retailer who is:
(a)
authorized to sell, offer for sale, or furnish beer under a license issued in accordance 
with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer 
License; and
(b)
engaged in the sale of beer to a patron for consumption on the beer retailer's 
premises:
(i)
regardless of whether the beer retailer sells beer for consumption off the licensed 
premises; and
(ii)
on and after March 1, 2012, operating:
(A)
as a tavern; or
(B)
in a manner that meets the requirements of Subsection 
32B-6-703
(2)(e)(i).
(84)
"Opaque" means impenetrable to sight.
(85)
"Package agency" means a retail liquor location operated:
(a)
under an agreement with the department; and
(b)
by a person:
(i)
other than the state; and
(ii)
who is authorized by the commission in accordance with Chapter 2, Part 6, 
Package Agency, to sell packaged liquor for consumption off the premises of the 
package agency.
(86)
"Package agent" means a person who holds a package agency.
(87)
"Patron" means an individual to whom food, beverages, or services are sold, offered 
for sale, or furnished, or who consumes an alcoholic product including:
(a)
a customer;
(b)
a member;
(c)
a guest;
(d)
an attendee of a banquet or event;
(e)
an individual who receives room service;
(f)
a resident of a resort; or
(g)
a hospitality guest, as defined in Section 
32B-6-1002
, under a hospitality amenity 
license.
(88)
(a)
"Performing arts facility" means a multi-use performance space that:
(i)
is primarily used to present various types of performing arts, including dance, 
music, and theater;
(ii)
contains over 2,500 seats;
(iii)
is owned and operated by a governmental entity; and
(iv)
is located in a city of the first class.
(b)
"Performing arts facility" does not include a space that is used to present sporting 
events or sporting competitions.
(89)
"Permittee" means a person issued a permit under:
(a)
Chapter 9, Event Permit Act; or
(b)
Chapter 10, Special Use Permit Act.
(90)
"Person subject to administrative action" means:
(a)
a licensee;
(b)
a permittee;
(c)
a manufacturer;
(d)
a supplier;
(e)
an importer;
(f)
one of the following holding a certificate of approval:
(i)
an out-of-state brewer;
(ii)
an out-of-state importer of beer, heavy beer, or flavored malt beverages; or
(iii)
an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or
(g)
staff of:
(i)
a person listed in Subsections (90)(a) through (f); or
(ii)
a package agent.
(91)
"Premises" means a building, enclosure, or room used in connection with the storage, 
sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, 
unless otherwise defined in this title or rules made by the commission.
(92)
"Prescription" means an order issued by a health care practitioner when:
(a)
the health care practitioner is licensed under Title 58, Occupations and Professions, 
to prescribe a controlled substance, other drug, or device for medicinal purposes;
(b)
the order is made in the course of that health care practitioner's professional practice; 
and
(c)
the order is made for obtaining an alcoholic product for medicinal purposes only.
(93)
(a)
"Primary spirituous liquor" means the main distilled spirit in a beverage.
(b)
"Primary spirituous liquor" does not include a secondary flavoring ingredient.
(94)
"Principal license" means:
(a)
a resort license;
(b)
a hotel license; or
(c)
an arena license.
(95)
(a)
"Private event" means a specific social, business, or recreational event:
(i)
for which an entire room, area, or hall is leased or rented in advance by an 
identified group; and
(ii)
that is limited in attendance to people who are specifically designated and their 
guests.
(b)
"Private event" does not include an event to which the general public is invited, 
whether for an admission fee or not.
(96)
"Privately sponsored event" means a specific social, business, or recreational event:
(a)
that is held in or on the premises of an on-premise banquet licensee; and
(b)
to which entry is restricted by an admission fee.
(97)
(a)
"Proof of age" means:
(i)
an identification card;
(ii)
an identification that:
(A)
is substantially similar to an identification card;
(B)
is issued in accordance with the laws of a state other than Utah in which the 
identification is issued;
(C)
includes date of birth; and
(D)
has a picture affixed;
(iii)
a valid driver license certificate that:
(A)
includes date of birth;
(B)
has a picture affixed; and
(C)
is issued
under Title 53, Chapter 3, Uniform Driver License Act, in 
accordance with the laws of the state in which it is issued, or
in accordance 
with federal law by the United States Department of State;
(iv)
a military identification card that:
(A)
includes date of birth; and
(B)
has a picture affixed; or
(v)
a valid passport.
(b)
"Proof of age" does not include a driving privilege card issued in accordance with 
Section 
53-3-207
.
(98)
"Provisions applicable to a sublicense" means:
(a)
for a full-service restaurant sublicense, the provisions applicable to a full-service 
restaurant license under Chapter 6, Part 2, Full-Service Restaurant License;
(b)
for a limited-service restaurant sublicense, the provisions applicable to a 
limited-service restaurant license under Chapter 6, Part 3, Limited-Service Restaurant 
License;
(c)
for a bar establishment sublicense, the provisions applicable to a bar establishment 
license under Chapter 6, Part 4, Bar Establishment License;
(d)
for an on-premise banquet sublicense, the provisions applicable to an on-premise 
banquet license under Chapter 6, Part 6, On-Premise Banquet License;
(e)
for an on-premise beer retailer sublicense, the provisions applicable to an on-premise 
beer retailer license under Chapter 6, Part 7, On-Premise Beer Retailer License;
(f)
for a beer-only restaurant sublicense, the provisions applicable to a beer-only 
restaurant license under Chapter 6, Part 9, Beer-Only Restaurant License;
(g)
for a hospitality amenity license, the provisions applicable to a hospitality amenity 
license under Chapter 6, Part 10, Hospitality Amenity License; and
(h)
for a spa sublicense, the provisions applicable to the sublicense under Chapter 8d, 
Part 2, Resort Spa Sublicense.
(99)
(a)
"Public building" means a building or permanent structure that is:
(i)
owned or leased by:
(A)
the state; or
(B)
a local government entity; and
(ii)
used for:
(A)
public education;
(B)
transacting public business; or
(C)
regularly conducting government activities.
(b)
"Public building" does not include a building owned by the state or a local 
government entity when the building is used by a person, in whole or in part, for a 
proprietary function.
(100)
"Public conveyance" means a conveyance that the public or a portion of the public 
has access to and a right to use for transportation, including an airline, railroad, bus, 
boat, or other public conveyance.
(101)
"Reception center" means a business that:
(a)
operates facilities that are at least 5,000 square feet; and
(b)
has as its primary purpose the leasing of the facilities described in Subsection 
(101)(a) to a third party for the third party's event.
(102)
"Reception center license" means a license issued in accordance with Chapter 5, 
Retail License Act, and Chapter 6, Part 8, Reception Center License.
(103)
(a)
"Record" means information that is:
(i)
inscribed on a tangible medium; or
(ii)
stored in an electronic or other medium and is retrievable in a perceivable form.
(b)
"Record" includes:
(i)
a book;
(ii)
a book of account;
(iii)
a paper;
(iv)
a contract;
(v)
an agreement;
(vi)
a document; or
(vii)
a recording in any medium.
(104)
"Residence" means a person's principal place of abode within Utah.
(105)
"Resident," in relation to a resort, means the same as that term is defined in Section 
32B-8-102
.
(106)
"Resort" means the same as that term is defined in Section 
32B-8-102
.
(107)
"Resort facility" is as defined by the commission by rule.
(108)
"Resort license" means a license issued in accordance with Chapter 5, Retail License 
Act, and Chapter 8, Resort License Act.
(109)
"Responsible alcohol service plan" means a written set of policies and procedures that 
outlines measures to prevent employees from:
(a)
over-serving alcoholic beverages to customers;
(b)
serving alcoholic beverages to customers who are actually, apparently, or obviously 
intoxicated; and
(c)
serving alcoholic beverages to minors.
(110)
"Restaurant" means a business location:
(a)
at which a variety of foods are prepared;
(b)
at which complete meals are served; and
(c)
that is engaged primarily in serving meals.
(111)
"Restaurant license" means one of the following licenses issued under this title:
(a)
a full-service restaurant license;
(b)
a limited-service restaurant license; or
(c)
a beer-only restaurant license.
(112)
"Restaurant venue" means a room within a restaurant that:
(a)
is located on the licensed premises of a restaurant licensee;
(b)
is separated from the area within the restaurant for a patron's consumption of food by 
a permanent, opaque, floor-to-ceiling wall such that the inside of the room is not 
visible to a patron in the area within the restaurant for a patron's consumption of 
food; and
(c)
(i)
has at least 1,000 square feet that:
(A)
may be reserved for a banquet; and
(B)
accommodates at least 75 individuals; or
(ii)
if the restaurant is located in a small or unincorporated locality, has an 
appropriate amount of space, as determined by the commission, that may be 
reserved for a banquet.
(113)
"Retail license" means one of the following licenses issued under this title:
(a)
a full-service restaurant license;
(b)
a master full-service restaurant license;
(c)
a limited-service restaurant license;
(d)
a master limited-service restaurant license;
(e)
a bar establishment license;
(f)
an airport lounge license;
(g)
an on-premise banquet license;
(h)
an on-premise beer license;
(i)
a reception center license;
(j)
a beer-only restaurant license;
(k)
a hospitality amenity license;
(l)
a resort license;
(m)
a hotel license; or
(n)
an arena license.
(114)
"Room service" means furnishing an alcoholic product to a person in a guest room or 
privately owned dwelling unit of a:
(a)
hotel; or
(b)
resort facility.
(115)
(a)
"School" means a building in which any part is used for more than three hours 
each weekday during a school year as a public or private:
(i)
elementary school;
(ii)
secondary school; or
(iii)
kindergarten.
(b)
"School" does not include:
(i)
a nursery school;
(ii)
a day care center;
(iii)
a trade and technical school;
(iv)
a preschool;
(v)
a home school;
(vi)
a home-based microschool as defined in Section 
53G-6-201
; or
(vii)
a micro-education entity as defined in Section 
53G-6-201
.
(116)
"Secondary flavoring ingredient" means any spirituous liquor added to a beverage for 
additional flavoring that is different in type, flavor, or brand from the primary spirituous 
liquor in the beverage.
(117)
"Sell" or "offer for sale" means a transaction, exchange, or barter whereby, for 
consideration, an alcoholic product is either directly or indirectly transferred, solicited, 
ordered, delivered for value, or by a means or under a pretext is promised or obtained, 
whether done by a person as a principal, proprietor, or as staff, unless otherwise defined 
in this title or the rules made by the commission.
(118)
"Serve" means to place an alcoholic product before an individual.
(119)
"Sexually oriented entertainer" means a person who while in a state of seminudity 
appears at or performs:
(a)
for the entertainment of one or more patrons;
(b)
on the premises of:
(i)
a bar licensee; or
(ii)
a tavern;
(c)
on behalf of or at the request of the licensee described in Subsection (119)(b);
(d)
on a contractual or voluntary basis; and
(e)
whether or not the person is designated as:
(i)
an employee;
(ii)
an independent contractor;
(iii)
an agent of the licensee; or
(iv)
a different type of classification.
(120)
"Shared seating area" means the licensed premises of two or more restaurant 
licensees that the restaurant licensees share as an area for alcoholic beverage 
consumption in accordance with Subsection 
32B-5-207
(3).
(121)
"Single event permit" means a permit issued in accordance with Chapter 9, Part 3, 
Single Event Permit.
(122)
"Small brewer" means a brewer who manufactures less than 60,000 barrels of beer, 
heavy beer, and flavored malt beverage per year, as the department calculates by:
(a)
if the brewer is part of a controlled group of manufacturers, including the combined 
volume totals of production for all breweries that constitute the controlled group of 
manufacturers; and
(b)
excluding beer, heavy beer, or flavored malt beverage the brewer:
(i)
manufactures that is unfit for consumption as, or in, a beverage, as the commission 
determines by rule made in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act; and
(ii)
does not sell for consumption as, or in, a beverage.
(123)
"Small or unincorporated locality" means:
(a)
a city of the third, fourth, or fifth class, as classified under Section 
10-2-301
;
(b)
a town, as classified under Section 
10-2-301
; or
(c)
an unincorporated area in a county of the third, fourth, or fifth class, as classified 
under Section 
17-50-501
.
(124)
"Spa sublicense" means a sublicense:
(a)
to a resort license or hotel license; and
(b)
that the commission issues in accordance with Chapter 8d, Part 2, Resort Spa 
Sublicense.
(125)
"Special use permit" means a permit issued in accordance with Chapter 10, Special 
Use Permit Act.
(126)
(a)
"Spirituous liquor" means liquor that is distilled.
(b)
"Spirituous liquor" includes an alcoholic product defined as a "distilled spirit" by 27 
U.S.C. Sec. 211 and 27 C.F.R. 
Sec
Secs
. 5.11 through 5.23.
(127)
"Sports center" is as defined by the commission by rule.
(128)
(a)
"Staff" means an individual who engages in activity governed by this title:
(i)
on behalf of a business, including a package agent, licensee, permittee, or 
certificate holder;
(ii)
at the request of the business, including a package agent, licensee, permittee, or 
certificate holder; or
(iii)
under the authority of the business, including a package agent, licensee, 
permittee, or certificate holder.
(b)
"Staff" includes:
(i)
an officer;
(ii)
a director;
(iii)
an employee;
(iv)
personnel management;
(v)
an agent of the licensee, including a managing agent;
(vi)
an operator; or
(vii)
a representative.
(129)
"State of nudity" means:
(a)
the appearance of:
(i)
the nipple or areola of a female human breast;
(ii)
a human genital;
(iii)
a human pubic area; or
(iv)
a human anus; or
(b)
a state of dress that fails to opaquely cover:
(i)
the nipple or areola of a female human breast;
(ii)
a human genital;
(iii)
a human pubic area; or
(iv)
a human anus.
(130)
"State of seminudity" means a state of dress in which opaque clothing covers no more 
than:
(a)
the nipple and areola of the female human breast in a shape and color other than the 
natural shape and color of the nipple and areola; and
(b)
the human genitals, pubic area, and anus:
(i)
with no less than the following at its widest point:
(A)
four inches coverage width in the front of the human body; and
(B)
five inches coverage width in the back of the human body; and
(ii)
with coverage that does not taper to less than one inch wide at the narrowest point.
(131)
(a)
"State store" means a facility for the sale of packaged liquor:
(i)
located on premises owned or leased by the state; and
(ii)
operated by a state employee.
(b)
"State store" does not include:
(i)
a package agency;
(ii)
a licensee; or
(iii)
a permittee.
(132)
(a)
"Storage area" means an area on licensed premises where the licensee stores an 
alcoholic product.
(b)
"Store" means to place or maintain in a location an alcoholic product.
(133)
"Sublicense" means:
(a)
any of the following licenses issued as a subordinate license to, and contingent on the 
issuance of, a principal license:
(i)
a full-service restaurant license;
(ii)
a limited-service restaurant license;
(iii)
a bar establishment license;
(iv)
an on-premise banquet license;
(v)
an on-premise beer retailer license;
(vi)
a beer-only restaurant license; or
(vii)
a hospitality amenity license; or
(b)
a spa sublicense.
(134)
"Supplier" means a person who sells an alcoholic product to the department.
(135)
"Tavern" means an on-premise beer retailer who is:
(a)
issued a license by the commission in accordance with Chapter 5, Retail License Act, 
and Chapter 6, Part 7, On-Premise Beer Retailer License; and
(b)
designated by the commission as a tavern in accordance with Chapter 6, Part 7, 
On-Premise Beer Retailer License.
(136)
"Temporary beer event permit" means a permit issued in accordance with Chapter 9, 
Part 4, Temporary Beer Event Permit.
(137)
"Temporary domicile" means the principal place of abode within Utah of a person 
who does not have a present intention to continue residency within Utah permanently or 
indefinitely.
(138)
"Translucent" means a substance that allows light to pass through, but does not allow 
an object or person to be seen through the substance.
(139)
"Unsaleable liquor merchandise" means a container that:
(a)
is unsaleable because the container is:
(i)
unlabeled;
(ii)
leaky;
(iii)
damaged;
(iv)
difficult to open; or
(v)
partly filled;
(b)
(i)
has faded labels or defective caps or corks;
(ii)
has contents that are:
(A)
cloudy;
(B)
spoiled; or
(C)
chemically determined to be impure; or
(iii)
contains:
(A)
sediment; or
(B)
a foreign substance; or
(c)
is otherwise considered by the department as unfit for sale.
(140)
(a)
"Wine" means an alcoholic product obtained by the fermentation of the natural 
sugar content of fruits, plants, honey, or milk, or other like substance, whether or not 
another ingredient is added.
(b)
"Wine" includes:
(i)
an alcoholic beverage defined as wine under 27 U.S.C. Sec. 211 and 27 C.F.R. 
Sec. 4.10; and
(ii)
hard cider.
(c)
"Wine" is considered liquor for purposes of this title, except as otherwise provided in 
this title.
(141)
"Winery manufacturing license" means a license issued in accordance with Chapter 
11, Part 3, Winery Manufacturing License.
Section 2, Section 
32B-1-704
 is amended to read:
32B-1-704. Department training programs.
(1)
No later than January 1, 2018, the 
The 
department shall develop the following training 
programs that are provided either in-person or online:
(a)
a training program for retail managers that addresses:
(i)
the statutes and rules that govern alcohol sales and consumption in the state;
(ii)
the requirements for operating as a retail licensee;
(iii)
using compliance assistance from the department; and
(iv)
any other topic the department determines beneficial to a retail manager; and
(b)
a training program for an individual employed by a retail licensee or an off-premise 
beer retailer who violates a provision of this title related to the sale, service, or 
furnishing of an alcoholic beverage to an intoxicated individual or a minor, that 
addresses:
(i)
the statutes and rules that govern the most common types of violations under this 
title;
(ii)
how to avoid common violations; and
(iii)
any other topic the department determines beneficial to the training program.
(2)
No later than January 1, 2019, the
The
 department shall develop a training program for 
off-premise retail managers that is provided either in-person or online and addresses:
(a)
the statutes and rules that govern sales at an off-premise beer retailer;
(b)
the requirements for operating an off-premise beer retailer;
(c)
using compliance assistance from the department; and
(d)
any other topic the department determines beneficial to an off-premise retail manager.
(3)
The department shall develop a training program for an authorized person, as that term 
is defined in Section 
32B-1-402
, to properly verify whether an individual is an 
interdicted person.
(3)
(4)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and 
the provisions of this section, the department shall make rules to develop and implement 
the training programs described in this section, including rules that establish:
(a)
the requirements for each training program described in this section;
(b)
measures that accurately identify each individual who takes and completes a training 
program;
(c)
measures that ensure an individual taking a training program is focused and actively 
engaged in the training material throughout the training program;
(d)
a record that certifies that an individual has completed a training program; and
(e)
a fee for participation in a training program to cover the department's cost of 
providing the training program.
(4)
(5)
(a)
Each retail manager shall complete the training described in Subsection (1)(a) 
no later than the later of:
(i)
30 days after the day on which the retail manager is hired; or
(ii)
the day on which the retail licensee obtains a retail license.
(b)
Each off-premise retail manager shall complete the training described in Subsection 
(2) no later than the later of:
(i)
30 days after the day on which the off-premise retail manager is hired; or
(ii)
30 days after the day on which the off-premise beer retailer obtains an 
off-premise beer retailer state license.
(c)
(i)
If the commission finds that a retail licensee violated a provision of this title 
related to the sale, service, or furnishing of an alcoholic beverage to an intoxicated 
individual or a minor for a second time within 36 consecutive months after the day 
on which the first violation was adjudicated, the violator, all retail staff, and each 
retail manager shall complete the training program described in Subsection (1)(b).
(ii)
If the commission finds that an off-premise beer retailer violated a provision of 
this title related to the sale, service, or furnishing of an alcoholic beverage to an 
intoxicated individual or a minor for a second time within 36 consecutive months 
after the day on which the first violation was adjudicated, the violator and each 
off-premise retail manager shall complete the training program described in 
Subsection (1)(b).
(5)
(6)
If an individual fails to complete a required training program under this section:
(a)
the commission may suspend, revoke, or not renew the retail license or off-premise 
beer retailer state license;
(b)
a city, town, or county in which the retail licensee or off-premise beer retailer is 
located may suspend, revoke, or not renew the retail licensee's or off-premise beer 
retailer's business license; or
(c)
a local authority may suspend, revoke, or not renew the off-premise beer retailer's 
license.
Section 3, Section 
32B-4-405
 is amended to read:
32B-4-405. Unlawful sale, offer for sale, or furnishing to interdicted person.
(1)
A person may not sell, offer for sale, or furnish an alcoholic product to a known 
interdicted person.
(2)
Prior to any sale or furnishing of an alcohol product, a person shall verify whether the 
person is an interdicted person through examination of the person's identification card or 
license certificate issued pursuant to Title 53, Chapter 3, Uniform Driver License Act.
(2)
(3)
This section does not apply to the sale, offer for sale, or furnishing of an alcoholic 
product to an interdicted person:
(a)
under an order of a health care practitioner who is authorized by law to write a 
prescription; or
(b)
administered by a hospital or health care practitioner authorized by law to administer 
the alcoholic product for medicinal purposes.
Section 4, Section 
32B-5-306
 is amended to read:
32B-5-306. Purchasing or selling alcoholic product.
(1)
(a)
A retail licensee may not sell, offer for sale, or furnish an alcoholic product to:
(a)
(i)
a minor;
(b)
(ii)
a person actually, apparently, or obviously intoxicated;
(c)
(iii)
a known interdicted person; or
(d)
(iv)
a known habitual drunkard.
(b)
Prior to any sale or furnishing of an alcohol product, a retail licensee shall verify 
whether the person is a minor or an interdicted person through examination of the 
person's identification card or license certificate issued pursuant to Title 53, Chapter 
3, Uniform Driver License Act.
(2)
(a)
A patron may only purchase an alcoholic product in the licensed premises of a 
retail licensee from and be served by an individual who is:
(i)
staff of the retail licensee; and
(ii)
designated and trained by the retail licensee to sell and serve an alcoholic product.
(b)
An individual may sell, offer for sale, or furnish an alcoholic product to a patron only 
if the individual is:
(i)
staff of the retail licensee; and
(ii)
designated and trained by the retail licensee to sell and serve an alcoholic product.
(c)
Notwithstanding Subsection 
(2)(a)
 or 
(b)
, a patron who purchases bottled wine from 
staff of the retail licensee or carries bottled wine onto the retail licensee's premises 
pursuant to Section 
32B-5-307
 may thereafter serve wine from the bottle to the 
patron or others at the patron's table.
(3)
The following may not purchase an alcoholic product for a patron:
(a)
a retail licensee; or
(b)
staff of a retail licensee.
(4)
After a retail licensee closes the retail licensee's business at the licensed premises, the 
retail licensee may transfer the retail licensee's inventory of alcoholic product from that 
premises to another premises licensed under this chapter that is owned by the same retail 
licensee.
Section 5, Section 
41-6a-102
 is amended to read:
41-6a-102. Definitions.
As used in this chapter:
(1)
"Alley" means a street or highway intended to provide access to the rear or side of lots 
or buildings in urban districts and not intended for through vehicular traffic.
(2)
"All-terrain type I vehicle" means the same as that term is defined in Section 
41-22-2
.
(3)
"All-terrain type II vehicle" means the same as that term is defined in Section 
41-22-2
.
(4)
"All-terrain type III vehicle" means the same as that term is defined in Section 
41-22-2
.
(5)
"Authorized emergency vehicle" includes:
(a)
a fire department vehicle;
(b)
a police vehicle;
(c)
an ambulance; and
(d)
other publicly or privately owned vehicles as designated by the commissioner of the 
Department of Public Safety.
(6)
"Autocycle" means the same as that term is defined in Section 
53-3-102
.
(7)
(a)
"Bicycle" means a wheeled vehicle:
(i)
propelled by human power by feet or hands acting upon pedals or cranks;
(ii)
with a seat or saddle designed for the use of the operator;
(iii)
designed to be operated on the ground; and
(iv)
whose wheels are not less than 14 inches in diameter.
(b)
"Bicycle" includes an electric assisted bicycle.
(c)
"Bicycle" does not include scooters and similar devices.
(8)
(a)
"Bus" means a motor vehicle:
(i)
designed for carrying more than 15 passengers and used for the transportation of 
persons; or
(ii)
designed and used for the transportation of persons for compensation.
(b)
"Bus" does not include a taxicab.
(9)
(a)
"Circular intersection" means an intersection that has an island, generally circular 
in design, located in the center of the intersection where traffic passes to the right of 
the island.
(b)
"Circular intersection" includes:
(i)
roundabouts;
(ii)
rotaries; and
(iii)
traffic circles.
(10)
"Class 1 electric assisted bicycle" means an electric assisted bicycle equipped with a 
motor or electronics that:
(a)
provides assistance only when the rider is pedaling; and
(b)
ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.
(11)
"Class 2 electric assisted bicycle" means an electric assisted bicycle equipped with a 
motor or electronics that:
(a)
may be used exclusively to propel the bicycle; and
(b)
is not capable of providing assistance when the bicycle reaches the speed of 20 miles 
per hour.
(12)
"Class 3 electric assisted bicycle" means an electric assisted bicycle equipped with a 
motor or electronics that:
(a)
provides assistance only when the rider is pedaling;
(b)
ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour; 
and
(c)
is equipped with a speedometer.
(13)
"Commissioner" means the commissioner of the Department of Public Safety.
(14)
"Controlled-access highway" means a highway, street, or roadway:
(a)
designed primarily for through traffic; and
(b)
to or from which owners or occupants of abutting lands and other persons have no 
legal right of access, except at points as determined by the highway authority having 
jurisdiction over the highway, street, or roadway.
(15)
"Crosswalk" means:
(a)
that part of a roadway at an intersection included within the connections of the lateral 
lines of the sidewalks on opposite sides of the highway measured from:
(i)
(A)
the curbs; or
(B)
in the absence of curbs, from the edges of the traversable roadway; and
(ii)
in the absence of a sidewalk on one side of the roadway, that part of a roadway 
included within the extension of the lateral lines of the existing sidewalk at right 
angles to the centerline; or
(b)
any portion of a roadway at an intersection or elsewhere distinctly indicated for 
pedestrian crossing by lines or other markings on the surface.
(16)
"Department" means the Department of Public Safety.
(17)
"Direct supervision" means oversight at a distance within which:
(a)
visual contact is maintained; and
(b)
advice and assistance can be given and received.
(18)
"Divided highway" means a highway divided into two or more roadways by:
(a)
an unpaved intervening space;
(b)
a physical barrier; or
(c)
a clearly indicated dividing section constructed to impede vehicular traffic.
(19)
"Echelon formation" means the operation of two or more snowplows arranged 
side-by-side or diagonally across multiple lanes of traffic of a multi-lane highway to 
clear snow from two or more lanes at once.
(20)
(a)
"Electric assisted bicycle" means a bicycle with an electric motor that:
(i)
has a power output of not more than 750 watts;
(ii)
has fully operable pedals;
(iii)
has permanently affixed cranks that were installed at the time of the original 
manufacture;
(iv)
is fully operable as a bicycle without the use of the electric motor; and
(v)
is one of the following:
(A)
a class 1 electric assisted bicycle;
(B)
a class 2 electric assisted bicycle;
(C)
a class 3 electric assisted bicycle; or
(D)
a programmable electric assisted bicycle.
(b)
"Electric assisted bicycle" does not include:
(i)
a moped;
(ii)
a motor assisted scooter;
(iii)
a motorcycle;
(iv)
a motor-driven cycle; or
(v)
any other vehicle with less than four wheels that is designed, manufactured, 
intended, or advertised by the seller to have any of the following capabilities or 
features, or that is modifiable or is modified to have any of the following 
capabilities or features:
(A)
has the ability to attain the speed of 20 miles per hour or greater on motor 
power alone;
(B)
is equipped with a continuous rated motor power of 750 watts or greater;
(C)
is equipped with foot pegs for the operator at the time of manufacture, or 
requires installation of a pedal kit to have operable pedals; or
(D)
if equipped with multiple operating modes and a throttle, has one or more 
modes that exceed 20 miles per hour on motor power alone.
(21)
(a)
"Electric personal assistive mobility device" means a self-balancing device with:
(i)
two nontandem wheels in contact with the ground;
(ii)
a system capable of steering and stopping the unit under typical operating 
conditions;
(iii)
an electric propulsion system with average power of one horsepower or 750 
watts;
(iv)
a maximum speed capacity on a paved, level surface of 12.5 miles per hour; and
(v)
a deck design for a person to stand while operating the device.
(b)
"Electric personal assistive mobility device" does not include a wheelchair.
(22)
"Explosives" means a chemical compound or mechanical mixture commonly used or 
intended for the purpose of producing an explosion and that contains any oxidizing and 
combustive units or other ingredients in proportions, quantities, or packing so that an 
ignition by fire, friction, concussion, percussion, or detonator of any part of the 
compound or mixture may cause a sudden generation of highly heated gases, and the 
resultant gaseous pressures are capable of producing destructive effects on contiguous 
objects or of causing death or serious bodily injury.
(23)
"Farm tractor" means a motor vehicle designed and used primarily as a farm 
implement, for drawing plows, mowing machines, and other implements of husbandry.
(24)
"Flammable liquid" means a liquid that has a flashpoint of 100 degrees F. or less, as 
determined by a Tagliabue or equivalent closed-cup test device.
(25)
"Freeway" means a controlled-access highway that is part of the interstate system as 
defined in Section 
72-1-102
.
(26)
(a)
"Golf cart" means a device that:
(i)
is designed for transportation by players on a golf course;
(ii)
has not less than three wheels in contact with the ground;
(iii)
has an unladen weight of less than 1,800 pounds;
(iv)
is designed to operate at low speeds; and
(v)
is designed to carry not more than six persons including the driver.
(b)
"Golf cart" does not include:
(i)
a low-speed vehicle or an off-highway vehicle;
(ii)
a motorized wheelchair;
(iii)
an electric personal assistive mobility device;
(iv)
an electric assisted bicycle;
(v)
a motor assisted scooter;
(vi)
a personal delivery device, as defined in Section 
41-6a-1119
; or
(vii)
a mobile carrier, as defined in Section 
41-6a-1120
.
(27)
"Gore area" means the area delineated by two solid white lines that is between a 
continuing lane of a through roadway and a lane used to enter or exit the continuing lane 
including similar areas between merging or splitting highways.
(28)
"Gross weight" means the weight of a vehicle without a load plus the weight of any 
load on the vehicle.
(29)
"Hi-rail vehicle" means a roadway maintenance vehicle that is:
(a)
manufactured to meet Federal Motor Vehicle Safety Standards; and
(b)
equipped with retractable flanged wheels that allow the vehicle to travel on a 
highway or railroad tracks.
(30)
"Highway" means the entire width between property lines of every way or place of any 
nature when any part of it is open to the use of the public as a matter of right for 
vehicular travel.
(31)
"Highway authority" means the same as that term is defined in Section 
72-1-102
.
(32)
"Interdicted person" means the same as that term is defined in Section 
32B-1-102
.
(32)
(33)
(a)
"Intersection" means the area embraced within the prolongation or 
connection of the lateral curb lines, or, if none, then the lateral boundary lines of the 
roadways of two or more highways that join one another.
(b)
Where a highway includes two roadways 30 feet or more apart:
(i)
every crossing of each roadway of the divided highway by an intersecting 
highway is a separate intersection; and
(ii)
if the intersecting highway also includes two roadways 30 feet or more apart, then 
every crossing of two roadways of the highways is a separate intersection.
(c)
"Intersection" does not include the junction of an alley with a street or highway.
(33)
(34)
"Island" means an area between traffic lanes or at an intersection for control of 
vehicle movements or for pedestrian refuge designated by:
(a)
pavement markings, which may include an area designated by two solid yellow lines 
surrounding the perimeter of the area;
(b)
channelizing devices;
(c)
curbs;
(d)
pavement edges; or
(e)
other devices.
(34)
(35)
"Lane filtering" means, when operating a motorcycle other than an autocycle, the 
act of overtaking and passing another vehicle that is stopped in the same direction of 
travel in the same lane.
(35)
(36)
"Law enforcement agency" means the same as that term is as defined in Section 
53-1-102
.
(36)
(37)
"Limited access highway" means a highway:
(a)
that is designated specifically for through traffic; and
(b)
over, from, or to which neither owners nor occupants of abutting lands nor other 
persons have any right or easement, or have only a limited right or easement of 
access, light, air, or view.
(37)
(38)
"Local highway authority" means the legislative, executive, or governing body of 
a county, municipal, or other local board or body having authority to enact laws relating 
to traffic under the constitution and laws of the state.
(38)
(39)
(a)
"Low-speed vehicle" means a four wheeled motor vehicle that:
(i)
is designed to be operated at speeds of not more than 25 miles per hour; and
(ii)
has a capacity of not more than six passengers, including a conventional driver or 
fallback-ready user if on board the vehicle, as those terms are defined in Section 
41-26-102.1
.
(b)
"Low-speed vehicle" does not include a golfcart or an off-highway vehicle.
(39)
(40)
"Metal tire" means a tire, the surface of which in contact with the highway is 
wholly or partly of metal or other hard nonresilient material.
(40)
(41)
(a)
"Mini-motorcycle" means a motorcycle or motor-driven cycle that has a 
seat or saddle that is less than 24 inches from the ground as measured on a level 
surface with properly inflated tires.
(b)
"Mini-motorcycle" does not include a moped or a motor assisted scooter.
(c)
"Mini-motorcycle" does not include a motorcycle that is:
(i)
designed for off-highway use; and
(ii)
registered as an off-highway vehicle under Section 
41-22-3
.
(41)
(42)
"Mobile home" means:
(a)
a trailer or semitrailer that is:
(i)
designed, constructed, and equipped as a dwelling place, living abode, or sleeping 
place either permanently or temporarily; and
(ii)
equipped for use as a conveyance on streets and highways; or
(b)
a trailer or a semitrailer whose chassis and exterior shell is designed and constructed 
for use as a mobile home, as defined in Subsection 
(41)(a)
(42)(a)
, but that is instead 
used permanently or temporarily for:
(i)
the advertising, sale, display, or promotion of merchandise or services; or
(ii)
any other commercial purpose except the transportation of property for hire or the 
transportation of property for distribution by a private carrier.
(42)
(43)
"Mobility disability" means the inability of a person to use one or more of the 
person's extremities or difficulty with motor skills, that may include limitations with 
walking, grasping, or lifting an object, caused by a neuro-muscular, orthopedic, or other 
condition.
(43)
(44)
(a)
"Moped" means a motor-driven cycle having:
(i)
pedals to permit propulsion by human power; and
(ii)
a motor that:
(A)
produces not more than two brake horsepower; and
(B)
is not capable of propelling the cycle at a speed in excess of 30 miles per hour 
on level ground.
(b)
If an internal combustion engine is used, the displacement may not exceed 50 cubic 
centimeters and the moped shall have a power drive system that functions directly or 
automatically without clutching or shifting by the operator after the drive system is 
engaged.
(c)
"Moped" does not include:
(i)
an electric assisted bicycle; or
(ii)
a motor assisted scooter.
(44)
(45)
(a)
"Motor assisted scooter" means a self-propelled device with:
(i)
at least two wheels in contact with the ground;
(ii)
a braking system capable of stopping the unit under typical operating conditions;
(iii)
an electric motor not exceeding 2,000 watts;
(iv)
either:
(A)
handlebars and a deck design for a person to stand while operating the device; 
or
(B)
handlebars and a seat designed for a person to sit, straddle, or stand while 
operating the device;
(v)
a design for the ability to be propelled by human power alone; and
(vi)
a maximum speed of 20 miles per hour on a paved level surface.
(b)
"Motor assisted scooter" does not include:
(i)
an electric assisted bicycle; or
(ii)
a motor-driven cycle.
(45)
(46)
(a)
"Motor vehicle" means a vehicle that is self-propelled and a vehicle that is 
propelled by electric power obtained from overhead trolley wires, but not operated 
upon rails.
(b)
"Motor vehicle" does not include:
(i)
vehicles moved solely by human power;
(ii)
motorized wheelchairs;
(iii)
an electric personal assistive mobility device;
(iv)
an electric assisted bicycle;
(v)
a motor assisted scooter;
(vi)
a personal delivery device, as defined in Section 
41-6a-1119
; or
(vii)
a mobile carrier, as defined in Section 
41-6a-1120
.
(46)
(47)
"Motorcycle" means:
(a)
a motor vehicle, other than a tractor, having a seat or saddle for the use of the rider 
and designed to travel with not more than three wheels in contact with the ground; or
(b)
an autocycle.
(47)
(48)
(a)
"Motor-driven cycle" means a motorcycle, moped, and a motorized bicycle 
having:
(i)
an engine with less than 150 cubic centimeters displacement; or
(ii)
a motor that produces not more than five horsepower.
(b)
"Motor-driven cycle" does not include:
(i)
an electric personal assistive mobility device;
(ii)
a motor assisted scooter; or
(iii)
an electric assisted bicycle.
(48)
(49)
"Off-highway implement of husbandry" means the same as that term is defined 
under Section 
41-22-2
.
(49)
(50)
"Off-highway vehicle" means the same as that term is defined under Section 
41-22-2
.
(50)
(51)
"Operate" means the same as that term is defined in Section 
41-1a-102
.
(51)
(52)
"Operator" means:
(a)
a human driver, as defined in Section 
41-26-102.1
, that operates a vehicle; or
(b)
an automated driving system, as defined in Section 
41-26-102.1
, that operates a 
vehicle.
(52)
(53)
"Other on-track equipment" means a railroad car, hi-rail vehicle, rolling stock, or 
other device operated, alone or coupled with another device, on stationary rails.
(53)
(54)
(a)
"Park" or "parking" means the standing of a vehicle, whether the vehicle is 
occupied or not.
(b)
"Park" or "parking" does not include:
(i)
the standing of a vehicle temporarily for the purpose of and while actually 
engaged in loading or unloading property or passengers; or
(ii)
a motor vehicle with an engaged automated driving system that has achieved a 
minimal risk condition, as those terms are defined in Section 
41-26-102.1
.
(54)
(55)
"Peace officer" means a peace officer authorized under Title 53, Chapter 13, 
Peace Officer Classifications, to direct or regulate traffic or to make arrests for 
violations of traffic laws.
(55)
(56)
"Pedestrian" means a person traveling:
(a)
on foot; or
(b)
in a wheelchair.
(56)
(57)
"Pedestrian traffic-control signal" means a traffic-control signal used to regulate 
pedestrians.
(57)
(58)
"Person" means a natural person, firm, copartnership, association, corporation, 
business trust, estate, trust, partnership, limited liability company, association, joint 
venture, governmental agency, public corporation, or any other legal or commercial 
entity.
(58)
(59)
"Pole trailer" means a vehicle without motive power:
(a)
designed to be drawn by another vehicle and attached to the towing vehicle by means 
of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle; 
and
(b)
that is ordinarily used for transporting long or irregular shaped loads including poles, 
pipes, or structural members generally capable of sustaining themselves as beams 
between the supporting connections.
(59)
(60)
"Private road or driveway" means every way or place in private ownership and 
used for vehicular travel by the owner and those having express or implied permission 
from the owner, but not by other persons.
(60)
(61)
"Programmable electric assisted bicycle" means an electric assisted bicycle with 
capability to switch or be programmed to function as a class 1 electric assisted bicycle, 
class 2 electric assisted bicycle, or class 3 electric assisted bicycle, provided that the 
electric assisted bicycle fully conforms with the respective requirements of each class of 
electric assisted bicycle when operated in that mode.
(61)
(62)
"Railroad" means a carrier of persons or property upon cars operated on 
stationary rails.
(62)
(63)
"Railroad sign or signal" means a sign, signal, or device erected by authority of a 
public body or official or by a railroad and intended to give notice of the presence of 
railroad tracks or the approach of a railroad train.
(63)
(64)
"Railroad train" means a locomotive propelled by any form of energy, coupled 
with or operated without cars, and operated upon rails.
(64)
(65)
"Restored-modified vehicle" means the same as the term defined in Section 
41-1a-102
.
(65)
(66)
"Right-of-way" means the right of one vehicle or pedestrian to proceed in a 
lawful manner in preference to another vehicle or pedestrian approaching under 
circumstances of direction, speed, and proximity that give rise to danger of collision 
unless one grants precedence to the other.
(66)
(67)
(a)
"Roadway" means that portion of highway improved, designed, or 
ordinarily used for vehicular travel.
(b)
"Roadway" does not include the sidewalk, berm, or shoulder, even though any of 
them are used by persons riding bicycles or other human-powered vehicles.
(c)
"Roadway" refers to any roadway separately but not to all roadways collectively, if a 
highway includes two or more separate roadways.
(67)
(68)
"Safety zone" means the area or space officially set apart within a roadway for 
the exclusive use of pedestrians and that is protected, marked, or indicated by adequate 
signs as to be plainly visible at all times while set apart as a safety zone.
(68)
(69)
(a)
"School bus" means a motor vehicle that:
(i)
complies with the color and identification requirements of the most recent edition 
of "Minimum Standards for School Buses"; and
(ii)
is used to transport school children to or from school or school activities.
(b)
"School bus" does not include a vehicle operated by a common carrier in 
transportation of school children to or from school or school activities.
(69)
(70)
(a)
"Semitrailer" means a vehicle with or without motive power:
(i)
designed for carrying persons or property and for being drawn by a motor vehicle; 
and
(ii)
constructed so that some part of its weight and that of its load rests on or is 
carried by another vehicle.
(b)
"Semitrailer" does not include a pole trailer.
(70)
(71)
"Shoulder area" means:
(a)
that area of the hard-surfaced highway separated from the roadway by a pavement 
edge line as established in the current approved "Manual on Uniform Traffic Control 
Devices"; or
(b)
that portion of the road contiguous to the roadway for accommodation of stopped 
vehicles, for emergency use, and for lateral support.
(71)
(72)
"Sidewalk" means that portion of a street between the curb lines, or the lateral 
lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
(72)
(73)
(a)
"Soft-surface trail" means a marked trail surfaced with sand, rock, or dirt 
that is designated for the use of a bicycle.
(b)
"Soft-surface trail" does not mean a trail:
(i)
where the use of a motor vehicle or an electric assisted bicycle is prohibited by a 
federal law, regulation, or rule; or
(ii)
located in whole or in part on land granted to the state or a political subdivision 
subject to a conservation easement that prohibits the use of a motorized vehicle.
(73)
(74)
"Solid rubber tire" means a tire of rubber or other resilient material that does not 
depend on compressed air for the support of the load.
(74)
(75)
"Stand" or "standing" means the temporary halting of a vehicle, whether 
occupied or not, for the purpose of and while actually engaged in receiving or 
discharging passengers.
(75)
(76)
"Stop" when required means complete cessation from movement.
(76)
(77)
"Stop" or "stopping" when prohibited means any halting even momentarily of a 
vehicle, whether occupied or not, except when:
(a)
necessary to avoid conflict with other traffic; or
(b)
in compliance with the directions of a peace officer or traffic-control device.
(77)
(78)
"Street-legal all-terrain vehicle" or "street-legal ATV" means an all-terrain type I 
vehicle, all-terrain type II vehicle, or all-terrain type III vehicle, that is modified to meet 
the requirements of Section 
41-6a-1509
 to operate on highways in the state in 
accordance with Section 
41-6a-1509
.
(78)
(79)
"Street-legal novel vehicle" means a vehicle registered as a novel vehicle under 
Section 
41-27-201
 that is modified to meet the requirements of Section 
41-6a-1509
 to 
operate on highways in the state in accordance with 
with 
Section 
41-6a-1509
.
(79)
(80)
"Tow truck operator" means the same as that term is defined in Section 
72-9-102
.
(80)
(81)
"Tow truck motor carrier" means the same as that term is defined in Section 
72-9-102
.
(81)
(82)
"Traffic" means pedestrians, ridden or herded animals, vehicles, and other 
conveyances either singly or together while using any highway for the purpose of travel.
(82)
(83)
"Traffic signal preemption device" means an instrument or mechanism designed, 
intended, or used to interfere with the operation or cycle of a traffic-control signal.
(83)
(84)
"Traffic-control device" means a sign, signal, marking, or device not inconsistent 
with this chapter placed or erected by a highway authority for the purpose of regulating, 
warning, or guiding traffic.
(84)
(85)
"Traffic-control signal" means a device, whether manually, electrically, or 
mechanically operated, by which traffic is alternately directed to stop and permitted to 
proceed.
(85)
(86)
(a)
"Trailer" means a vehicle with or without motive power designed for 
carrying persons or property and for being drawn by a motor vehicle and constructed 
so that no part of its weight rests upon the towing vehicle.
(b)
"Trailer" does not include a pole trailer.
(86)
(87)
"Truck" means a motor vehicle designed, used, or maintained primarily for the 
transportation of property.
(87)
(88)
"Truck tractor" means a motor vehicle:
(a)
designed and used primarily for drawing other vehicles; and
(b)
constructed to carry a part of the weight of the vehicle and load drawn by the truck 
tractor.
(88)
(89)
"Two-way left turn lane" means a lane:
(a)
provided for vehicle operators making left turns in either direction;
(b)
that is not used for passing, overtaking, or through travel; and
(c)
that has been indicated by a lane traffic-control device that may include lane 
markings.
(89)
(90)
"Urban district" means the territory contiguous to and including any street, in 
which structures devoted to business, industry, or dwelling houses are situated at 
intervals of less than 100 feet, for a distance of a quarter of a mile or more.
(90)
(91)
"Vehicle" means a device in, on, or by which a person or property is or may be 
transported or drawn on a highway, except a mobile carrier, as defined in Section 
41-6a-1120
, or a device used exclusively on stationary rails or tracks.
Section 6, Section 
41-6a-505
 is amended to read:
41-6a-505. Sentencing requirements for driving under the influence of alcohol, 
drugs, or a combination of both violations.
(1)
As part of any sentence for a first conviction of extreme DUI:
(a)
the court shall:
(i)
(A)
impose a jail sentence of not less than five days; or
(B)
impose a jail sentence of not less than two days in addition to home 
confinement of not fewer than 30 consecutive days through the use of 
electronic monitoring that includes a substance abuse testing instrument in 
accordance with Section 
41-6a-506
;
(ii)
order the individual to participate in a screening;
(iii)
order the individual to participate in an assessment, if it is found appropriate by a 
screening under Subsection (1)(a)(ii);
(iv)
order the individual to participate in an educational series if the court does not 
order substance abuse treatment as described under Subsection (1)(b);
(v)
impose a fine of not less than $700;
(vi)
order probation for the individual in accordance with Section 
41-6a-507
;
(vii)
(A)
order the individual to pay the administrative impound fee described in 
Section 
41-6a-1406
; or
(B)
if the administrative impound fee was paid by a party described in Subsection 
41-6a-1406
(6)(a), other than the individual sentenced, order the individual 
sentenced to reimburse the party;
(viii)
(A)
order the individual to pay the towing and storage fees described in 
Section 
72-9-603
; or
(B)
if the towing and storage fees were paid by a party described in Subsection 
41-6a-1406
(6)(a), other than the individual sentenced, order the individual 
sentenced to reimburse the party; 
or
and
(ix)
unless the court determines and states on the record that an ignition interlock 
system is not necessary for the safety of the community and in the best interest of 
justice, order the installation of an ignition interlock system as described in 
Section 
41-6a-518
; and
(b)
the court may:
(i)
order the individual to obtain substance abuse treatment if the substance abuse 
treatment program determines that substance abuse treatment is appropriate;
(ii)
order the individual to participate in a 24-7 sobriety program as defined in 
Section 
41-6a-515.5
 if the individual is 21 years old or older;
 or
(iii)
order a combination of Subsections (1)(b)(i) and (ii)
.
; or
(iv)
designate the individual as an interdicted person for a time period the court finds 
appropriate, and require the individual to surrender the individual's driver license 
or identification card.
(2)
(a)
If an individual described in Subsection (1) is participating in a 24-7 sobriety 
program as defined in Section 
41-6a-515.5
, the court may suspend the jail sentence 
imposed under Subsection (1)(a).
(b)
If an individual described in Subsection (1) fails to successfully complete all of the 
requirements of the 24-7 sobriety program, the court shall impose the suspended jail 
sentence described in Subsection (2)(a).
(3)
As part of any sentence for any first conviction of Section 
41-6a-502
 not described in 
Subsection (1):
(a)
the court shall:
(i)
(A)
impose a jail sentence of not less than two days; or
(B)
require the individual to work in a compensatory-service work program for 
not less than 48 hours;
(ii)
order the individual to participate in a screening;
(iii)
order the individual to participate in an assessment, if it is found appropriate by a 
screening under Subsection (3)(a)(ii);
(iv)
order the individual to participate in an educational series if the court does not 
order substance abuse treatment as described under Subsection (3)(b);
(v)
impose a fine of not less than $700;
(vi)
(A)
order the individual to pay the administrative impound fee described in 
Section 
41-6a-1406
; or
(B)
if the administrative impound fee was paid by a party described in Subsection 
41-6a-1406
(6)(a), other than the individual sentenced, order the individual 
sentenced to reimburse the party; 
or
and
(vii)
(A)
order the individual to pay the towing and storage fees described in 
Section 
72-9-603
; or
(B)
if the towing and storage fees were paid by a party described in Subsection 
41-6a-1406
(6)(a), other than the individual sentenced, order the individual 
sentenced to reimburse the party; and
(b)
the court may:
(i)
order the individual to obtain substance abuse treatment if the substance abuse 
treatment program determines that substance abuse treatment is appropriate;
(ii)
order probation for the individual in accordance with Section 
41-6a-507
;
(iii)
order the individual to participate in a 24-7 sobriety program as defined in 
Section 
41-6a-515.5
 if the individual is 21 years old or older;
 or
(iv)
order a combination of Subsections (3)(b)(i) through (iii)
.
; or
(v)
designate the individual as an interdicted person for a time period the court finds 
appropriate, and require the individual to surrender the individual's driver license 
or identification card.
(4)
(a)
If an individual described in Subsection (3) is participating in a 24-7 sobriety 
program as defined in Section 
41-6a-515.5
, the court may suspend the jail sentence 
imposed under Subsection (3)(a).
(b)
If an individual described in Subsection (4)(a) fails to successfully complete all of 
the requirements of the 24-7 sobriety program, the court shall impose the suspended 
jail sentence described in Subsection (4)(a).
(5)
If an individual has a prior conviction as defined in Section 
41-6a-501
 that is within 10 
years of the current conviction under Section 
41-6a-502
 or the commission of the 
offense upon which the current conviction amounts to extreme DUI:
(a)
the court shall:
(i)
(A)
impose a jail sentence of not less than 20 days;
(B)
impose a jail sentence of not less than 10 days in addition to home 
confinement of not fewer than 60 consecutive days through the use of 
electronic monitoring that includes a substance abuse testing instrument in 
accordance with Section 
41-6a-506
; or
(C)
impose a jail sentence of not less than 10 days in addition to ordering the 
individual to obtain substance abuse treatment, if the court finds that substance 
abuse treatment is more likely to reduce recidivism and is in the interests of 
public safety;
(ii)
order the individual to participate in a screening;
(iii)
order the individual to participate in an assessment, if it is found appropriate by a 
screening under Subsection (5)(a)(ii);
(iv)
order the individual to participate in an educational series if the court does not 
order substance abuse treatment as described under Subsection (5)(b);
(v)
impose a fine of not less than $800;
(vi)
order probation for the individual in accordance with Section 
41-6a-507
;
(vii)
order the installation of an ignition interlock system as described in Section 
41-6a-518
;
(viii)
(A)
order the individual to pay the administrative impound fee described in 
Section 
41-6a-1406
; or
(B)
if the administrative impound fee was paid by a party described in Subsection 
41-6a-1406
(6)(a), other than the individual sentenced, order the individual 
sentenced to reimburse the party; 
or
and
(ix)
(A)
order the individual to pay the towing and storage fees described in 
Section 
72-9-603
; or
(B)
if the towing and storage fees were paid by a party described in Subsection 
41-6a-1406
(6)(a), other than the individual sentenced, order the individual 
sentenced to reimburse the party; and
(b)
the court may:
(i)
order the individual to obtain substance abuse treatment if the substance abuse 
treatment program determines that substance abuse treatment is appropriate;
(ii)
order the individual to participate in a 24-7 sobriety program as defined in 
Section 
41-6a-515.5
 if the individual is 21 years old or older;
 or
(iii)
order a combination of Subsections (5)(b)(i) and (ii)
.
; or
(iv)
designate the individual as an interdicted person for a time period the court finds 
appropriate, and require the individual to surrender the individual's driver license 
or identification card.
(6)
(a)
If an individual described in Subsection (5) is participating in a 24-7 sobriety 
program as defined in Section 
41-6a-515.5
, the court may suspend the jail sentence 
imposed under Subsection (5)(a) after the individual has served a minimum of:
(i)
five days of the jail sentence for a second offense; or
(ii)
10 days of the jail sentence for a third or subsequent offense.
(b)
If an individual described in Subsection (6)(a) fails to successfully complete all of 
the requirements of the 24-7 sobriety program, the court shall impose the suspended 
jail sentence described in Subsection (6)(a).
(7)
If an individual has a prior conviction as defined in Section 
41-6a-501
 that is within 10 
years of the current conviction under Section 
41-6a-502
 or the commission of the 
offense upon which the current conviction is based and that does not qualify under 
Subsection (5):
(a)
the court shall:
(i)
(A)
impose a jail sentence of not less than 10 days; or
(B)
impose a jail sentence of not less than 5 days in addition to home confinement 
of not fewer than 30 consecutive days through the use of electronic monitoring 
that includes a substance abuse testing instrument in accordance with Section 
41-6a-506
;
(ii)
order the individual to participate in a screening;
(iii)
order the individual to participate in an assessment, if it is found appropriate by a 
screening under Subsection (7)(a)(ii);
(iv)
order the individual to participate in an educational series if the court does not 
order substance abuse treatment as described under Subsection (7)(b);
(v)
impose a fine of not less than $800;
(vi)
order probation for the individual in accordance with Section 
41-6a-507
;
(vii)
(A)
order the individual to pay the administrative impound fee described in 
Section 
41-6a-1406
; or
(B)
if the administrative impound fee was paid by a party described in Subsection 
41-6a-1406
(6)(a), other than the individual sentenced, order the individual 
sentenced to reimburse the party; 
or
and
(viii)
(A)
order the individual to pay the towing and storage fees described in 
Section 
72-9-603
; or
(B)
if the towing and storage fees were paid by a party described in Subsection 
41-6a-1406
(6)(a), other than the individual sentenced, order the individual 
sentenced to reimburse the party; and
(b)
the court may:
(i)
order the individual to obtain substance abuse treatment if the substance abuse 
treatment program determines that substance abuse treatment is appropriate;
(ii)
order the individual to participate in a 24-7 sobriety program as defined in 
Section 
41-6a-515.5
 if the individual is 21 years old or older;
 or
(iii)
order a combination of Subsections (7)(b)(i) and (ii)
.
; or
(iv)
designate the individual as an interdicted person for a time period the court finds 
appropriate, and require the individual to surrender the individual's driver license 
or identification card.
(8)
(a)
If an individual described in Subsection (7) is participating in a 24-7 sobriety 
program as defined in Section 
41-6a-515.5
, the court may suspend the jail sentence 
imposed under Subsection (7)(a) after the individual has served a minimum of:
(i)
five days of the jail sentence for a second offense; or
(ii)
10 days of the jail sentence for a third or subsequent offense.
(b)
If an individual described in Subsection (8)(a) fails to successfully complete all of 
the requirements of the 24-7 sobriety program, the court shall impose the suspended 
jail sentence described in Subsection (8)(a).
(9)
Under Subsection 
41-6a-502
(2)(c), if the court suspends the execution of a prison 
sentence and places the defendant on probation for a conviction of extreme DUI, the 
court shall impose:
(a)
a fine of not less than $1,500;
(b)
a jail sentence of not less than 120 days;
(c)
home confinement of not fewer than 120 consecutive days through the use of 
electronic monitoring that includes a substance abuse testing instrument in 
accordance with Section 
41-6a-506
; and
(d)
supervised probation.
(10)
(a)
For Subsection (9) or Subsection 
41-6a-502
(2)(c)(i), the court:
(i)
shall impose an order requiring the individual to obtain a screening and 
assessment for alcohol and substance abuse, and treatment as appropriate; and
(ii)
may impose an order requiring the individual to participate in a 24-7 sobriety 
program as defined in Section 
41-6a-515.5
 if the individual is 21 years old or 
older.
(b)
If an individual described in Subsection (10)(a)(ii) fails to successfully complete all 
of the requirements of the 24-7 sobriety program, the court shall impose the 
suspended prison sentence described in Subsection (9).
(11)
Under Subsection 
41-6a-502
(2)(c), if the court suspends the execution of a prison 
sentence and places the defendant on probation with a sentence not described in 
Subsection (9), the court shall impose:
(a)
a fine of not less than $1,500;
(b)
a jail sentence of not less than 60 days;
(c)
home confinement of not fewer than 60 consecutive days through the use of 
electronic monitoring that includes a substance abuse testing instrument in 
accordance with Section 
41-6a-506
; and
(d)
supervised probation.
(12)
(a)
(i)
Except as described in Subsection (12)(a)(ii), a court may not suspend the 
requirements of this section.
(ii)
A court may suspend requirements as described in Subsection (2), (4), (6), or (8).
(b)
A court, with stipulation of both parties and approval from the judge, may convert a 
jail sentence required in this section to electronic home confinement.
(c)
A court may order a jail sentence imposed as a condition of misdemeanor probation 
under this section to be served in multiple two-day increments at weekly intervals if 
the court determines that separate jail increments are necessary to ensure the 
defendant can serve the statutorily required jail term and maintain employment.
(13)
If an individual is convicted of a violation of Section 
41-6a-502
 and there is admissible 
evidence that the individual had a blood or breath alcohol level of .16 or higher, the 
court shall order the following, or describe on record why the order or orders are not 
appropriate:
(a)
treatment as described under Subsection (1)(b), (3)(b), (5)(b), or (7)(b); and
(b)
one or more of the following:
(i)
the installation of an ignition interlock system as a condition of probation for the 
individual in accordance with Section 
41-6a-518
;
(ii)
the imposition of an ankle attached continuous transdermal alcohol monitoring 
device or remote alcohol monitor as a condition of probation for the individual; or
(iii)
the imposition of home confinement through the use of electronic monitoring in 
accordance with Section 
41-6a-506
.
Section 7, Section 
53-3-102
 is amended to read:
53-3-102. Definitions.
As used in this chapter:
(1)
"Autocycle" means a motor vehicle that:
(a)
is designed to travel with three or fewer wheels in contact with the ground; and
(b)
is equipped with:
(i)
a steering mechanism;
(ii)
seat belts; and
(iii)
seating that does not require the operator to straddle or sit astride the motor 
vehicle.
(2)
"Cancellation" means the termination by the division of a license issued through error or 
fraud or for which consent under Section 
53-3-211
 has been withdrawn.
(3)
"Class D license" means the class of license issued to drive motor vehicles not defined 
as commercial motor vehicles or motorcycles under this chapter.
(4)
"Commercial driver instruction permit" or "CDIP" means a commercial learner permit:
(a)
issued under Section 
53-3-408
; or
(b)
issued by a state or other jurisdiction of domicile in compliance with the standards 
contained in 49 C.F.R. Part 383.
(5)
"Commercial driver license" or "CDL" means a license:
(a)
issued substantially in accordance with the requirements of Title XII, Pub. L. 99-570, 
the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4, 
Uniform Commercial Driver License Act, which authorizes the holder to drive a class 
of commercial motor vehicle; and
(b)
that was obtained by providing evidence of lawful presence in the United States with 
one of the document requirements described in Subsection 
53-3-410
(1)(i)(i).
(6)
(a)
"Commercial driver license motor vehicle record" or "CDL MVR" means a 
driving record that:
(i)
applies to a person who holds or is required to hold a commercial driver 
instruction permit or a CDL license; and
(ii)
contains the following:
(A)
information contained in the driver history, including convictions, pleas held 
in abeyance, disqualifications, and other licensing actions for violations of any 
state or local law relating to motor vehicle traffic control, committed in any 
type of vehicle;
(B)
driver self-certification status information under Section 
53-3-410.1
; and
(C)
information from medical certification record keeping in accordance with 49 
C.F.R. Sec. 383.73(o).
(b)
"Commercial driver license motor vehicle record" or "CDL MVR" does not mean a 
motor vehicle record described in Subsection 
(30)
(33)
.
(7)
(a)
"Commercial motor vehicle" means a motor vehicle or combination of motor 
vehicles designed or used to transport passengers or property if the motor vehicle:
(i)
has a gross vehicle weight rating or gross vehicle weight of 26,001 or more 
pounds, or gross combination weight rating or gross combination weight of 
26,001 or more pounds or a lesser rating as determined by federal regulation;
(ii)
is designed to transport 16 or more passengers, including the driver; or
(iii)
is transporting hazardous materials and is required to be placarded in accordance 
with 49 C.F.R. Part 172, Subpart F.
(b)
The following vehicles are not considered a commercial motor vehicle for purposes 
of Part 4, Uniform Commercial Driver License Act:
(i)
equipment owned and operated by the United States Department of Defense when 
driven by any active duty military personnel and members of the reserves and 
national guard on active duty including personnel on full-time national guard duty, 
personnel on part-time training, and national guard military technicians and 
civilians who are required to wear military uniforms and are subject to the code of 
military justice;
(ii)
vehicles controlled and driven by a farmer to transport agricultural products, farm 
machinery, or farm supplies to or from a farm within 150 miles of his farm but not 
in operation as a motor carrier for hire;
(iii)
firefighting and emergency vehicles;
(iv)
recreational vehicles that are not used in commerce and are driven solely as 
family or personal conveyances for recreational purposes; and
(v)
vehicles used to provide transportation network services, as defined in Section 
13-51-102
.
(8)
"Conviction" means any of the following:
(a)
an unvacated adjudication of guilt or a determination that a person has violated or 
failed to comply with the law in a court of original jurisdiction or an administrative 
proceeding;
(b)
an unvacated forfeiture of bail or collateral deposited to secure a person's appearance 
in court;
(c)
a plea of guilty or nolo contendere accepted by the court;
(d)
the payment of a fine or court costs; or
(e)
violation of a condition of release without bail, regardless of whether the penalty is 
rebated, suspended, or probated.
(9)
"Denial" or "denied" means the withdrawal of a driving privilege by the division to 
which the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or Operator's 
Security, do not apply.
(10)
"Director" means the division director appointed under Section 
53-3-103
.
(11)
"Disqualification" means either:
(a)
the suspension, revocation, cancellation, denial, or any other withdrawal by a state of 
a person's privileges to drive a commercial motor vehicle;
(b)
a determination by the Federal Highway Administration, under 49 C.F.R. Part 386, 
that a person is no longer qualified to drive a commercial motor vehicle under 49 
C.F.R. Part 391; or
(c)
the loss of qualification that automatically follows conviction of an offense listed in 
49 C.F.R. Part 383.51.
(12)
"Division" means the Driver License Division of the department created in Section 
53-3-103
.
(13)
"Downgrade" means to obtain a lower license class than what was originally issued 
during an existing license cycle.
(14)
"Drive" means:
(a)
to operate or be in physical control of a motor vehicle upon a highway; and
(b)
in Subsections 
53-3-414
(1) through (3), Subsection 
53-3-414
(5), and Sections 
53-3-417
 and 
53-3-418
, the operation or physical control of a motor vehicle at any 
place within the state.
(15)
(a)
"Driver" means an individual who drives, or is in actual physical control of a 
motor vehicle in any location open to the general public for purposes of vehicular 
traffic.
(b)
In Part 4, Uniform Commercial Driver License Act, "driver" includes any person 
who is required to hold a CDL under Part 4, Uniform Commercial Driver License Act, 
or federal law.
(16)
"Driving privilege card" means the evidence of the privilege granted and issued under 
this chapter to drive a motor vehicle to a person whose privilege was obtained without 
providing evidence of lawful presence in the United States.
(17)
"Electronic license certificate" means the evidence, in an electronic format as 
described in Section 
53-3-235
, of a privilege granted under this chapter to drive a motor 
vehicle.
(18)
"Extension" means a renewal completed in a manner specified by the division.
(19)
"Farm tractor" means every motor vehicle designed and used primarily as a farm 
implement for drawing plows, mowing machines, and other implements of husbandry.
(20)
"Highway" means the entire width between property lines of every way or place of any 
nature when any part of it is open to the use of the public, as a matter of right, for traffic.
(21)
"Human driver" means the same as that term is defined in Section 
41-26-102.1
.
(22)
"Identification card" means a card issued under Part 8, Identification Card Act, to a 
person for identification purposes.
(23)
"Indigent" means that a person's income falls below the federal poverty guideline 
issued annually by the United States Department of Health and Human Services in the 
Federal Register.
(24)
"Interdicted person" means the same as that term is defined in Section 
32B-1-102
.
(25)
"Interdicted person identification card" means the same as that term is defined in 
Section 
53-3-802
.
(26)
"Interdicted person license certificate" means a license certificate issued to an 
interdicted person that:
(a)
bears the language "No Alcohol Sale"; and
(b)
contains other security features identifying the individual as being restricted from 
purchasing alcohol, including a prominent red stripe on the front of the license.
(24)
(27)
"License" means the privilege to drive a motor vehicle.
(25)
(28)
(a)
"License certificate" means the evidence of the privilege issued under this 
chapter to drive a motor vehicle.
(b)
"License certificate" evidence includes:
(i)
a regular license certificate;
(ii)
a limited-term license certificate;
(iii)
a driving privilege card;
(iv)
a CDL license certificate;
(v)
a limited-term CDL license certificate;
(vi)
a temporary regular license certificate;
(vii)
a temporary limited-term license certificate;
 and
(viii)
an interdicted person license certificate; and
(viii)
(ix)
an electronic license certificate created in Section 
53-3-235
.
(26)
(29)
"Limited-term commercial driver license" or "limited-term CDL" means a 
license:
(a)
issued substantially in accordance with the requirements of Title XII, Pub. L. No. 
99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with 
Part 4, Uniform Commercial Driver License Act, which authorizes the holder to drive 
a class of commercial motor vehicle; and
(b)
that was obtained by providing evidence of lawful presence in the United States with 
one of the document requirements described in Subsection 
53-3-410
(1)(i)(ii).
(27)
(30)
"Limited-term identification card" means an identification card issued under this 
chapter to a person whose card was obtained by providing evidence of lawful presence 
in the United States with one of the document requirements described in Subsection 
53-3-804
(2)(i)(ii).
(28)
(31)
"Limited-term license certificate" means the evidence of the privilege granted 
and issued under this chapter to drive a motor vehicle to a person whose privilege was 
obtained providing evidence of lawful presence in the United States with one of the 
document requirements described in Subsection 
53-3-205
(8)(a)(ii)(B).
(29)
(32)
"Motor vehicle" means the same as that term is defined in Section 
41-1a-102
.
(30)
(33)
"Motor vehicle record" or "MVR" means a driving record under Subsection 
53-3-109
(7)(a).
(31)
(34)
"Motorboat" means the same as that term is defined in Section 
73-18-2
.
(32)
(35)
"Motorcycle" means every motor vehicle, other than a tractor, having a seat or 
saddle for the use of the rider and designed to travel with not more than three wheels in 
contact with the ground.
(33)
(36)
"Office of Recovery Services" means the Office of Recovery Services, created in 
Section 
26B-9-103
.
(34)
(37)
"Operate" means the same as that term is defined in Section 
41-1a-102
.
(35)
(38)
(a)
"Owner" means a person other than a lien holder having an interest in the 
property or title to a vehicle.
(b)
"Owner" includes a person entitled to the use and possession of a vehicle subject to a 
security interest in another person but excludes a lessee under a lease not intended as 
security.
(36)
(39)
"Penalty accounts receivable" means a fine, restitution, forfeiture, fee, surcharge, 
or other financial penalty imposed on an individual by a court or other government 
entity.
(37)
(40)
(a)
"Private passenger carrier" means any motor vehicle for hire that is:
(i)
designed to transport 15 or fewer passengers, including the driver; and
(ii)
operated to transport an employee of the person that hires the motor vehicle.
(b)
"Private passenger carrier" does not include:
(i)
a taxicab;
(ii)
a motor vehicle driven by a transportation network driver as defined in Section 
13-51-102
;
(iii)
a motor vehicle driven for transportation network services as defined in Section 
13-51-102
; and
(iv)
a motor vehicle driven for a transportation network company as defined in 
Section 
13-51-102
 and registered with the Division of Consumer Protection as 
described in Section 
13-51-104
.
(38)
(41)
"Regular identification card" means an identification card issued under this 
chapter to a person whose card was obtained by providing evidence of lawful presence 
in the United States with one of the document requirements described in Subsection 
53-3-804
(2)(i)(i).
(39)
(42)
"Regular license certificate" means the evidence of the privilege issued under 
this chapter to drive a motor vehicle whose privilege was obtained by providing 
evidence of lawful presence in the United States with one of the document requirements 
described in Subsection 
53-3-205
(8)(a)(ii)(A).
(40)
(43)
"Renewal" means to validate a license certificate so that it expires at a later date.
(41)
(44)
"Reportable violation" means an offense required to be reported to the division 
as determined by the division and includes those offenses against which points are 
assessed under Section 
53-3-221
.
(42)
(45)
(a)
"Resident" means an individual who:
(i)
has established a domicile in this state, as defined in Section 
41-1a-202
, or 
regardless of domicile, remains in this state for an aggregate period of six months 
or more during any calendar year;
(ii)
engages in a trade, profession, or occupation in this state, or who accepts 
employment in other than seasonal work in this state, and who does not commute 
into the state;
(iii)
declares himself to be a resident of this state by obtaining a valid Utah driver 
license certificate or motor vehicle registration; or
(iv)
declares himself a resident of this state to obtain privileges not ordinarily 
extended to nonresidents, including going to school, or placing children in school 
without paying nonresident tuition or fees.
(b)
"Resident" does not include any of the following:
(i)
a member of the military, temporarily stationed in this state;
(ii)
an out-of-state student, as classified by an institution of higher education, 
regardless of whether the student engages in any type of employment in this state;
(iii)
a person domiciled in another state or country, who is temporarily assigned in 
this state, assigned by or representing an employer, religious or private 
organization, or a governmental entity; or
(iv)
an immediate family member who resides with or a household member of a 
person listed in Subsections 
(42)(b)(i)
(45)(b)(i)
 through (iii).
(43)
(46)
"Revocation" means the termination by action of the division of a licensee's 
privilege to drive a motor vehicle.
(44)
(47)
(a)
"School bus" means a commercial motor vehicle used to transport 
pre-primary, primary, or secondary school students to and from home and school, or 
to and from school sponsored events.
(b)
"School bus" does not include a bus used as a common carrier as defined in Section 
59-12-102
.
(45)
(48)
"Suspension" means the temporary withdrawal by action of the division of a 
licensee's privilege to drive a motor vehicle.
(46)
(49)
"Taxicab" means any class D motor vehicle transporting any number of 
passengers for hire and that is subject to state or federal regulation as a taxi.
Section 8, Section 
53-3-104
 is amended to read:
53-3-104. Division duties.
The division shall:
(1)
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make 
rules:
(a)
for examining applicants for a license, as necessary for the safety and welfare of the 
traveling public;
(b)
for acceptable documentation of an applicant's identity, Social Security number, 
Utah resident status, Utah residence address, proof of legal presence, proof of 
citizenship in the United States, honorable or general discharge from the United 
States military, and other proof or documentation required under this chapter;
(c)
for acceptable documentation to verify that an individual is homeless as verified by 
the Department of Workforce Services, for purposes of residency, address 
verification, and obtaining a fee waiver;
(d)
regarding the restrictions to be imposed on an individual driving a motor vehicle 
with a temporary learner permit or learner permit;
(e)
regarding the format and restrictions on an interdicted person license certificate and 
an interdicted person identification card;
(e)
(f)
for exemptions from licensing requirements as authorized in this chapter;
(f)
(g)
establishing procedures for the storage and maintenance of applicant information 
provided in accordance with Section 
53-3-205
, 
53-3-410
, or 
53-3-804
; and
(g)
(h)
to provide educational information to each applicant for a license, which 
information shall be based on data provided by the Division of Air Quality, including:
(i)
ways drivers can improve air quality; and
(ii)
the harmful effects of vehicle emissions;
(2)
examine each applicant according to the class of license applied for;
(3)
license motor vehicle drivers;
(4)
file every application for a license received by the division and shall maintain indices 
containing:
(a)
all applications denied and the reason each was denied;
(b)
all applications granted; and
(c)
the name of every licensee whose license has been suspended, disqualified, or 
revoked by the division and the reasons for the action;
(5)
suspend, revoke, disqualify, cancel, or deny any license issued in accordance with this 
chapter;
(6)
file all accident reports and abstracts of court records of convictions received by the 
division under state law;
(7)
maintain a record of each licensee showing the licensee's convictions and the traffic 
accidents in which the licensee has been involved where a conviction has resulted;
(8)
consider the record of a licensee upon an application for renewal of a license and at 
other appropriate times;
(9)
search the license files, compile, and furnish a report on the driving record of any 
individual licensed in the state in accordance with Section 
53-3-109
;
(10)
develop and implement a record system as required by Section 
41-6a-604
;
(11)
in accordance with Section 
53G-10-507
, establish:
(a)
procedures and standards to certify teachers of driver education classes to administer 
knowledge and skills tests;
(b)
minimal standards for the tests; and
(c)
procedures to enable school districts to administer or process any tests for students to 
receive a class D operator's license;
(12)
in accordance with Section 
53-3-510
, establish:
(a)
procedures and standards to certify licensed instructors of commercial driver training 
school courses to administer the skills test;
(b)
minimal standards for the test; and
(c)
procedures to enable licensed commercial driver training schools to administer or 
process skills tests for students to receive a class D operator's license;
(13)
provide administrative support to the Driver License Medical Advisory Board created 
in Section 
53-3-303
;
(14)
upon request by the lieutenant governor, provide the lieutenant governor with a digital 
copy of the driver license or identification card signature of an individual who is an 
applicant for voter registration under Section 
20A-2-206
; 
(15)
in accordance with Section 
53-3-407.1
, establish:
(a)
procedures and standards to license a commercial driver license third party tester or 
commercial driver license third party examiner to administer the commercial driver 
license skills tests;
(b)
minimum standards for the commercial driver license skills test; and
(c)
procedures to enable a licensed commercial driver license third party tester or 
commercial driver license third party examiner to administer a commercial driver 
license skills test for an applicant to receive a commercial driver license;
 and
(16)
receive from the Department of Health and Human Services a result from a blood or 
urine test of an individual arrested for driving under the influence and use the blood or 
urine test result in an administrative hearing or agency review involving the individual 
who is the subject of the blood or urine test as described in Section 
53-3-111
.
; and
(17)
as soon as practicable, ensure that a license and identification card includes the ability 
to provide information about restrictions on the license or identification card through an 
electronic scan.
Section 9, Section 
53-3-105
 is amended to read:
53-3-105. Fees for licenses, renewals, extensions, reinstatements, rescheduling, 
and identification cards.
Except as provided in Subsection (39), the following fees apply under this chapter:
(1)
An original class D license application under Section 
53-3-205
 is $52.
(2)
An original provisional license application for a class D license under Section 
53-3-205
is $39.
(3)
An original limited term license application under Section 
53-3-205
 is $32.
(4)
An original application for a motorcycle endorsement under Section 
53-3-205
 is $18.
(5)
An original application for a taxicab endorsement under Section 
53-3-205
 is $14.
(6)
A learner permit application under Section 
53-3-210.5
 is $19.
(7)
A renewal of a class D license under Section 
53-3-214
 is $52 unless Subsection (12) 
applies.
(8)
A renewal of a provisional license application for a class D license under Section 
53-3-214
 is $52.
(9)
A renewal of a limited term license application under Section 
53-3-214
 is $32.
(10)
A renewal of a motorcycle endorsement under Section 
53-3-214
 is $18.
(11)
A renewal of a taxicab endorsement under Section 
53-3-214
 is $14.
(12)
A renewal of a class D license for an individual 65 and older under Section 
53-3-214
 is 
$27.
(13)
An extension of a class D license under Section 
53-3-214
 is $42 unless Subsection (17) 
applies.
(14)
An extension of a provisional license application for a class D license under Section 
53-3-214
 is $42.
(15)
An extension of a motorcycle endorsement under Section 
53-3-214
 is $18.
(16)
An extension of a taxicab endorsement under Section 
53-3-214
 is $14.
(17)
An extension of a class D license for an individual 65 and older under Section 
53-3-214
is $22.
(18)
An original or renewal application for a commercial class A, B, or C license or an 
original or renewal of a provisional commercial class A or B license under Part 4, 
Uniform Commercial Driver License Act, is $52.
(19)
A commercial class A, B, or C license skills test is $78.
(20)
Each original CDL endorsement for passengers, hazardous material, double or triple 
trailers, or tankers is $9.
(21)
An original CDL endorsement for a school bus under Part 4, Uniform Commercial 
Driver License Act, is $9.
(22)
A renewal of a CDL endorsement under Part 4, Uniform Commercial Driver License 
Act, is $9.
(23)
(a)
A retake of a CDL knowledge test provided for in Section 
53-3-205
 is $26.
(b)
A retake of a CDL skills test provided for in Section 
53-3-205
 is $52.
(24)
A retake of a CDL endorsement test provided for in Section 
53-3-205
 is $9.
(25)
A duplicate class A, B, C, or D license certificate under Section 
53-3-215
 is $23.
(26)
(a)
A license reinstatement application under Section 
53-3-205
 is $40.
(b)
A license reinstatement application under Section 
53-3-205
 for an alcohol, drug, or 
combination of alcohol and any drug-related offense is $45 in addition to the fee 
under Subsection (26)(a).
(27)
(a)
An administrative fee for license reinstatement after an alcohol, drug, or 
combination of alcohol and any drug-related offense under Section 
41-6a-520
, 
53-3-223
, or 
53-3-231
 or an alcohol, drug, or combination of alcohol and any 
drug-related offense under Part 4, Uniform Commercial Driver License Act, is $255.
(b)
This administrative fee is in addition to the fees under Subsection (26).
(28)
(a)
An administrative fee for providing the driving record of a driver under Section 
53-3-104
 or 
53-3-420
 is $8.
(b)
The division may not charge for a report furnished under Section 
53-3-104
 to a 
municipal, county, state, or federal agency.
(29)
A rescheduling fee under Section 
53-3-205
 or 
53-3-407
 is $25.
(30)
(a)
Except as provided under Subsections 
(30)(b) and (c), 
(30)(b) through (e), 
an 
identification card application under Section 
53-3-808
 is $23.
(b)
An identification card application under Section 
53-3-808
 for a person with a 
disability, as defined in 42 U.S.C. Sec. 12102, is $17.
(c)
A fee may not be charged for an identification card application if the individual 
applying:
(i)
(A)
has not been issued a Utah driver license;
(B)
is indigent; and
(C)
is at least 18 years old; 
(ii)
submits written verification that the individual is homeless, as defined in Section 
26B-3-207
, a person who is homeless, as defined in Section 
35A-5-302
, or a child 
or youth who is homeless, as defined in 42 U.S.C. Sec. 11434a(2), from:
(A)
a homeless shelter, as defined in Section 
35A-16-305
;
(B)
a permanent housing, permanent, supportive, or transitional facility, as defined 
in Section 
35A-5-302
;
(C)
the Department of Workforce Services; or
(D)
a local educational agency liaison for homeless children and youth designated 
under 42 U.S.C. Sec. 11432(g)(1)(J)(ii); or
(iii)
is under
 the age of
 26
 years old
 and submits written verification that the 
individual:
(A)
is in the custody of the Division of Child and Family Services; or
(B)
was in the custody of the Division of Child and Family Services but is no 
longer in the custody of the Division of Child and Family Services due to the 
individual's age.
(d)
An interdicted person identification card under Section 
53-3-808
 is $50.
(e)
A duplicate interdicted person identification card under Section 
53-3-808
 is $30.
(31)
(a)
An extension of a regular identification card under Subsection 
53-3-807
(4) for a 
person with a disability, as defined in 42 U.S.C. Sec. 12102, is $17.
(b)
The fee described in Subsection (31)(a) is waived if the applicant submits written 
verification that the individual is homeless, as defined in Section 
26B-3-207
, or a 
person who is homeless, as defined in Section 
35A-5-302
, or a child or youth who is 
homeless, as defined in 42 U.S.C. Sec. 11434a(2), from:
(i)
a homeless shelter, as defined in Section 
35A-16-305
;
(ii)
a permanent housing, permanent, supportive, or transitional facility, as defined in 
Section 
35A-5-302
;
(iii)
the Department of Workforce Services;
(iv)
a homeless service provider as verified by the Department of Workforce Services 
as described in Section 
26B-8-113
; or
(v)
a local educational agency liaison for homeless children and youth designated 
under 42 U.S.C. Sec. 11432(g)(1)(J)(ii).
(32)
(a)
An extension of a regular identification card under Subsection 
53-3-807
(5) is 
$23.
(b)
The fee described in Subsection (32)(a) is waived if the applicant submits written 
verification that the individual is homeless, as defined in Section 
26B-3-207
, or a 
person who is homeless, as defined in Section 
35A-5-302
, from:
(i)
a homeless shelter, as defined in Section 
35A-16-305
;
(ii)
a permanent housing, permanent, supportive, or transitional facility, as defined in 
Section 
35A-5-302
;
(iii)
the Department of Workforce Services; or
(iv)
a homeless service provider as verified by the Department of Workforce Services 
as described in Section 
26B-8-113
.
(33)
In addition to any license application fees collected under this chapter, the division 
shall impose on individuals submitting fingerprints in accordance with Section 
53-3-205.5
 the fees that the Bureau of Criminal Identification is authorized to collect for 
the services the Bureau of Criminal Identification provides under Section 
53-3-205.5
.
(34)
An original mobility vehicle permit application under Section 
41-6a-1118
 is $30.
(35)
A renewal of a mobility vehicle permit under Section 
41-6a-1118
 is $30.
(36)
A duplicate mobility vehicle permit under Section 
41-6a-1118
 is $12.
(37)
An original driving privilege card application under Section 
53-3-207
 is $32.
(38)
A renewal of a driving privilege card application under Section 
53-3-207
 is $23.
(39)
A fee may not be charged for an original class D license application, original 
provisional license application for a class D license, or a learner permit application if the 
individual applying is:
(a)
under the
 age of
 26
 years old
; and
(b)
submits written verification that the individual:
(i)
is in the custody of the Division of Child and Family Services; or
(ii)
was in the custody of the Division of Child and Family Services but is no longer 
in the custody of the Division of Child and Family Services due to the individual's 
age.
(40)
An original class D interdicted person license application under Section 
53-3-236
 is 
$75.
(41)
A duplicate class D interdicted person license application under Section 
53-3-236
 is 
$30.
Section 10, Section 
53-3-236
 is enacted to read:
53-3-236. Interdicted person -- License notation.
(1)
(a)
If the division receives a notification from a court as provided in Section 
41-6a-505
 that an individual is an interdicted person, the division:
(i)
(A)
may accept an application from the individual for a duplicate license that is 
an interdicted person license certificate; and
(B)
if the individual submits an application and qualifies for a license certificate, 
may provide an interdicted person license certificate; or
(ii)
(A)
may accept an application from the individual for an original license that is 
an interdicted person license certificate; and
(B)
if the individual submits an application and qualifies for a license certificate, 
may provide an interdicted person license certificate.
(b)
The term of an interdicted person license certificate shall coincide with the term 
ordered by the court.
(c)
Upon expiration of the term of an interdicted person license certificate, an individual 
may apply for a duplicate license certificate without the interdiction restriction.
(2)
(a)
An individual may voluntarily apply for a duplicate or original license that is an 
interdicted person license certificate.
(b)
An individual that voluntarily applies for a duplicate or original interdicted person 
license certificate may not apply for another duplicate or original license certificate 
without the interdicted person restriction for at least 30 days after the application for 
the interdicted person license certificate.
(3)
An individual may not hold an interdicted license certificate while also holding another 
license certificate.
(4)
The division may charge a reasonable fee to an individual to process and provide an 
interdicted person license certificate.
(5)
An individual who is designated as an interdicted person by a court is subject to the 
duplicate license fee and other fees necessary to administer the interdicted person license 
certificate.
Section 11, Section 
53-3-802
 is amended to read:
53-3-802. Definitions.
As used in this part:
(1)
"Adult" means a person 21 years 
of age
old
 or older.
(2)
"Identification card" means a card for identification issued under this part.
(3)
"Interdicted person identification card" means an identification card issued under this 
part that:
(a)
bears the language "No Alcohol Sale"; and
(b)
contains other security features identifying the individual as being restricted from 
purchasing alcohol, including a prominent red stripe on the front of the identification 
card.
(3)
(4)
"Minor" means a person younger than 21 
years of age
old
.
Section 12, Section 
53-3-805
 is amended to read:
53-3-805. Identification card -- Contents -- Specifications.
(1)
As used in this section:
(a)
"Authorized guardian" means the same as that term is defined in Section 
53-3-207
.
(b)
"Health care professional" means the same as that term is defined in Section 
53-3-207
.
(c)
"Invisible condition" means the same as that term is defined in Section 
53-3-207
.
(d)
"Invisible condition identification symbol" means the same as that term is defined in 
Section 
53-3-207
.
(2)
(a)
The division shall issue an identification card that bears:
(i)
the distinguishing number assigned to the individual by the division;
(ii)
the name, birth date, and Utah residence address of the individual;
(iii)
a brief description of the individual for the purpose of identification;
(iv)
a photograph of the individual;
(v)
a photograph or other facsimile of the individual's signature;
(vi)
an indication whether the individual intends to make an anatomical gift under 
Title 26B, Chapter 8, Part 3, Revised Uniform Anatomical Gift Act
; and
(vii)
if the individual states that the individual is a veteran of the United States 
military on the application for an identification card in accordance with Section 
53-3-804
 and provides verification that the individual received an honorable or 
general discharge from the United States Armed Forces, an indication that the 
individual is a United States military veteran for a regular identification card or a 
limited-term identification card issued on or after July 1, 2011.
(b)
An identification card issued by the division may not bear the individual's social 
security number or place of birth.
(3)
(a)
The card shall be of an impervious material, resistant to wear, damage, and 
alteration.
(b)
Except as provided under Section 
53-3-806
, the size, form, and color of the card is 
prescribed by the commissioner.
(4)
At the applicant's request, the card may include a statement that the applicant has a 
special medical problem or allergies to certain drugs, for the purpose of medical 
treatment.
(5)
(a)
The division shall include or affix an invisible condition identification symbol on 
an individual's identification card if the individual or the individual's authorized 
guardian, on a form prescribed by the department:
(i)
requests the division to include the invisible condition identification symbol;
(ii)
provides written verification from a health care professional that the individual is 
an individual with an invisible condition; and
(iii)
submits a signed waiver of liability for the release of any medical information to:
(A)
the department;
(B)
any person who has access to the individual's medical information as recorded 
on the individual's driving record or the Utah Criminal Justice Information 
System under this chapter; 
(C)
any other person who may view or receive notice of the individual's medical 
information by seeing the individual's identification card or the individual's 
information in the Utah Criminal Justice Information System;
(D)
a local law enforcement agency that receives a copy of the form described in 
this Subsection 
(5)(a)
 and enters the contents of the form into the local law 
enforcement agency's record management system or computer-aided dispatch 
system; and
(E)
a dispatcher who accesses the information regarding the individual's invisible 
condition through the use of a local law enforcement agency's record 
management system or computer-aided dispatch system.
(b)
As part of the form described in Subsection 
(5)(a)
, the department shall advise the 
individual or the individual's authorized guardian that by submitting the request and 
signed waiver, the individual or the individual's authorized guardian consents to the 
release of the individual's medical information to any person described in Subsection 
(5)(a)(iii)
, even if the person is otherwise ineligible to access the individual's medical 
information under state or federal law.
(c)
The division may not:
(i)
charge a fee to include the invisible condition identification symbol on the 
individual's identification card; or
(ii)
after including the invisible condition identification symbol on the individual's 
previously issued identification card, require the individual to provide subsequent 
written verification described in Subsection 
(5)(a)(ii)
 to include the invisible 
condition identification symbol on the individual's extended identification card.
(d)
The division shall confirm with the Division of Professional Licensing that the health 
care professional described in Subsection 
(5)(a)(ii)
 holds a current state license.
(e)
The inclusion of an invisible condition identification symbol on an individual's 
identification card in accordance with Subsection 
(5)(a)
 does not confer any legal 
rights or privileges on the individual, including parking privileges for individuals 
with disabilities under Section 
41-1a-414
.
(f)
For each individual issued an identification card under this section that includes an 
invisible condition identification symbol, the division shall include in the division's 
database a brief description of the nature of the individual's invisible condition in the 
individual's record and provide the brief description to the Utah Criminal Justice 
Information System.
(g)
Except as provided in this section, the division may not release the information 
described in Subsection 
(5)(f)
.
(h)
Within 30 days after the day on which the division receives an individual's or the 
individual's authorized guardian's written request, the division shall:
(i)
remove from the individual's record in the division's database the invisible 
condition identification symbol and the brief description described in Subsection 
(5)(f)
; and
(ii)
provide the individual's updated record to the Utah Criminal Justice Information 
System.
(6)
(a)
(i)
If the division receives a notification from a court as provided in Section 
41-6a-505
 that an individual is an interdicted person, the division:
(A)
may accept an application from the individual for a duplicate identification 
card that is an interdicted person identification card; and
(B)
if the individual submits an application and qualifies for an identification card, 
provide an interdicted person identification card.
(ii)
The term of an interdicted person identification card shall coincide with the term 
ordered by the court.
(iii)
Upon expiration of the term of an interdicted person identification card, an 
individual may apply for a duplicate identification card without the interdiction 
restriction.
(b)
(i)
An individual may voluntarily apply for a duplicate identification card that is 
an interdicted person identification card.
(ii)
An individual that voluntarily applies for a duplicate interdicted person 
identification card may not apply for another duplicate identification card without 
the interdicted person restriction for at least 30 days after the application for the 
interdicted person identification card.
(c)
An individual may not hold an interdicted identification card while also holding 
another license certificate or identification card.
(d)
The division may charge a reasonable fee to an individual to process and provide an 
interdicted person identification card.
(e)
An individual who is designated as an interdicted person by a court is subject to the 
duplicate identification card fee and other fees necessary to administer the interdicted 
person identification card.
(6)
(7)
As provided in Section 
63G-2-302
, the information described in Subsection 
(5)(a)
is a private record for purposes of 
Title 63G, Chapter 2, Government Records Access 
and Management Act
.
(7)
(8)
(a)
The indication of intent under Subsection 
53-3-804(2)(j)
 shall be 
authenticated by the applicant in accordance with division rule.
(b)
(i)
Notwithstanding 
Title 63G, Chapter 2, Government Records Access and 
Management Act
, the division may, upon request, release to an organ procurement 
organization, as defined in Section 
26B-8-301
, the names and addresses of all 
individuals who under Subsection 
53-3-804(2)(j)
 indicate that they intend to make 
an anatomical gift.
(ii)
An organ procurement organization may use released information only to:
(A)
obtain additional information for an anatomical gift registry; and
(B)
inform applicants of anatomical gift options, procedures, and benefits.
(8)
(9)
Notwithstanding 
Title 63G, Chapter 2, Government Records Access and 
Management Act
, the division may release to the Department of Veterans and Military 
Affairs the names and addresses of all individuals who indicate their status as a veteran 
under Subsection 
53-3-804(2)(l)
.
(9)
(10)
The division and the division's employees are not liable, as a result of false or 
inaccurate information provided under Subsection 
53-3-804(2)(j)
 or 
(l)
, for direct or 
indirect:
(a)
loss;
(b)
detriment; or
(c)
injury.
(10)
(11)
(a)
The division may issue a temporary regular identification card to an 
individual while the individual obtains the required documentation to establish 
verification of the information described in Subsections 
53-3-804(2)(a)
, 
(b)
, 
(c)
, 
(d)
, 
and 
(i)(i)
.
(b)
A temporary regular identification card issued under this Subsection 
(10)
(11)
 shall 
be recognized and grant the individual the same privileges as a regular identification 
card.
(c)
A temporary regular identification card issued under this Subsection 
(10)
(11)
 is 
invalid:
(i)
when the individual's regular identification card has been issued;
(ii)
when, for good cause, an applicant's application for a regular identification card 
has been refused; or
(iii)
upon expiration of the temporary regular identification card.
(d)
The division shall coordinate with the Department of Corrections in providing an 
inmate with a temporary regular identification card as described in Section 
64-13-10.6
.
Section 13, Section 
53-3-808
 is amended to read:
53-3-808. Fee required for identification card.
(1)
The commissioner may charge and collect a fee only as provided by Section 
53-3-105
when an application for an identification card
 or an interdicted person identification card
is submitted.
(2)
(a)
Before accepting an application from an indigent person for an identification card 
without the payment of a fee, the division shall require that the indigent person sign a 
statement under penalty of perjury that the person is indigent.
(b)
The division may require an indigent person applying for an identification card 
without the payment of a fee to execute a release form allowing the division to 
inquire with the 
State 
Tax Commission whether the person has filed state income tax 
returns or has state income tax withholding suggesting that the person is not indigent.
Section 14. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
2-6-25 2:34 PM