Enrolled Copy S.B. 148
1 INVISIBLE CONDITION INFORMATION AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jacob L. Anderegg
5 House Sponsor: Steve Eliason
6
7 LONG TITLE
8 General Description:
9 This bill concerns individuals with an invisible condition.
10 Highlighted Provisions:
11 This bill:
12 < defines terms;
13 < requires the Department of Public Safety and the Department of Health and Human
14 Services to develop outreach materials concerning the invisible condition alert
15 program;
16 < amends provisions relating to vehicle registration information concerning an
17 individual with an invisible condition;
18 < amends provisions relating to license certificates, driving privilege cards, and
19 identification cards concerning an individual with an invisible condition;
20 < requires the Department of Public Safety to provide a form and information
21 concerning participation in the invisible condition alert program;
22 < requires local law enforcement agencies to input certain information regarding an
23 individual with an invisible condition and ensure that certain information is
24 immediately available to a dispatcher under certain circumstances;
25 < provides rulemaking authority to the Department of Public Safety to implement
26 provisions of the invisible condition alert program;
27 < requires the Division of Professional Licensing to provide informational materials
28 to health care professionals regarding the invisible condition alert program;
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29 < provides governmental immunity with respect to the invisible condition alert
30 program; and
31 < makes technical and conforming changes.
32 Money Appropriated in this Bill:
33 None
34 Other Special Clauses:
35 This bill provides a special effective date.
36 Utah Code Sections Affected:
37 AMENDS:
38 41-1a-213, as last amended by Laws of Utah 2022, Chapter 158
39 53-3-207, as last amended by Laws of Utah 2022, Chapter 158
40 53-3-805, as last amended by Laws of Utah 2022, Chapter 158
41 63G-7-201, as last amended by Laws of Utah 2021, Chapter 352
42 ENACTS:
43 26B-7-102, Utah Code Annotated 1953
44 53-22-101, Utah Code Annotated 1953
45 53-22-102, Utah Code Annotated 1953
46 58-1-603, Utah Code Annotated 1953
47
48 Be it enacted by the Legislature of the state of Utah:
49 Section 1. Section 26B-7-102 is enacted to read:
50 26B-7-102. Invisible condition alert program education and outreach.
51 (1) As used in this section:
52 (a) "Health care professional" means the same as that term is defined in Section
53 53-3-207.
54 (b) "Invisible condition" means the same as that term is defined in Section 53-3-207.
55 (c) "Invisible condition alert program" means the same as that term is defined in
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56 Section 53-22-101.
57 (2) In coordination with the Department of Public Safety as described in Section
58 53-22-102, the department shall develop:
59 (a) informational materials that describe the availability of the invisible condition alert
60 program, including information on how an individual with an invisible condition may
61 participate in the program; and
62 (b) educational materials for health care professionals regarding the invisible condition
63 alert program.
64 (3) The materials described in Subsection (2) shall be made available to health care
65 professionals in accordance with Section 58-1-603.
66 Section 2. Section 41-1a-213 is amended to read:
67 41-1a-213. Contents of registration cards.
68 (1) As used in this section:
69 (a) "Health care professional" means the same as that term is defined in Section
70 53-3-207.
71 (b) "Invisible condition" means the same as that term is defined in Section 53-3-207.
72 (c) "Invisible condition identification decal" means the decal created by the division
73 that incorporates the invisible condition identification symbol.
74 [(c)] (d) "Invisible condition identification symbol" means the same as that term is
75 defined in Section 53-3-207.
76 (2) The registration card shall be delivered to the owner and shall contain:
77 (a) the date issued;
78 (b) the name of the owner;
79 (c) a description of the vehicle registered including the year, the make, the
80 identification number, and the license plate assigned to the vehicle;
81 (d) the expiration date; and
82 (e) other information as determined by the commission.
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83 (3) If a vehicle is leased for a period in excess of 45 days, the registration shall contain:
84 (a) the owner's name; and
85 (b) the name of the lessee.
86 (4) On all vehicles registered under Subsections 41-1a-1206(1)(d) and (1)(e), the
87 registration card shall also contain the gross laden weight as given in the application for
88 registration.
89 (5) (a) Except as provided in Subsection (5)(b), a new registration card issued by the
90 commission on or after November 1, 2013, may not display the address of the owner or the
91 lessee on the registration card.
92 (b) A new registration card issued by the commission under one of the following
93 provisions shall display the address of the owner or the lessee on the registration card:
94 (i) Section 41-1a-301 for a vehicle; or
95 (ii) Section 73-18-7 for a vessel.
96 (6) (a) [The] Except as provided in Subsection (6)(d)(ii), the division shall include on a
97 vehicle owner's vehicle registration database record in the division's vehicle registration
98 database an invisible condition identification symbol if:
99 (i) (A) the vehicle owner or an individual who is a regular driver of or passenger in the
100 vehicle owner's vehicle has an invisible condition; [and] or
101 [(ii)] (B) an individual with an invisible condition resides at the vehicle driver's
102 residence; and
103 (ii) the vehicle owner submits to the commission a request on a form prescribed by the
104 commission.
105 (b) A vehicle owner shall include in a request described in Subsection (6)(a):
106 (i) if the request is for an individual other than the vehicle owner, a declaration that the
107 individual is:
108 (A) a regular driver of or passenger in the vehicle; or
109 (B) a resident at the vehicle driver's residence;
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110 (ii) written verification from a health care professional that the vehicle owner or other
111 individual described in Subsection (6)(a)(i) has an invisible condition; and
112 (iii) a waiver of liability signed by the individual with the invisible condition or the
113 individual's legal representative for the release of any medical information to:
114 (A) the commission;
115 (B) any person who has access to the individual's medical information as recorded on
116 the vehicle owner's vehicle registration database record or the Utah Criminal Justice
117 Information System; and
118 (C) any other person who may view or receive notice of the individual's medical
119 information by seeing the vehicle owner's vehicle registration database record or the
120 individual's information in the Utah Criminal Justice Information System.
121 (c) As part of the form described in Subsection [(6)(b)] (6)(a) and (b), the commission
122 shall advise the individual signing the waiver of liability that by submitting the signed waiver,
123 the individual consents to the release of the [individual's] individual with an invisible
124 condition's medical information to any person described in Subsections (6)(b)(iii)(A) through
125 (C), even if the person is otherwise ineligible to access the [individual's] individual with an
126 invisible condition's medical information under state or federal law.
127 (d) (i) The division:
128 (A) may not charge a fee to include an invisible condition identification symbol on a
129 vehicle owner's vehicle registration database record[.]; and
130 (B) shall confirm with the Division of Professional Licensing that the health care
131 professional described in Subsection (6)(b)(ii) holds a current state license.
132 (ii) If the division is unable to confirm that the health care professional described in
133 Subsection (6)(b)(ii) holds a current state license, the division shall deny the request described
134 in Subsection (6)(a).
135 (e) The inclusion of an invisible condition identification symbol on a vehicle owner's
136 vehicle registration database record in accordance with this section does not confer any legal
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137 rights or privileges on the [individual] vehicle owner or the individual with an invisible
138 condition, including parking privileges for individuals with disabilities under Section
139 41-1a-414.
140 (7) (a) For each individual who qualifies under this section to include an invisible
141 condition identification symbol in a vehicle owner's vehicle registration database record, the
142 division shall:
143 (i) include in the division's vehicle registration database a brief description of the
144 nature of the individual's invisible condition linked to the vehicle owner's vehicle registration
145 database record; and
146 (ii) provide an invisible condition identification decal that may be affixed to the vehicle
147 owner's vehicle, and instructions on where the invisible condition identification decal may be
148 placed on the vehicle, which the vehicle owner may affix to the vehicle at the vehicle owner's
149 discretion.
150 (b) The division shall provide the brief description described in Subsection (7)(a)(i) to
151 the Utah Criminal Justice Information System.
152 (c) Except as provided in Subsection (7)(b), the division may not release the
153 information described in Subsection (7)(a)(i).
154 (8) Within 30 days after the day on which the division receives [an individual's] a
155 vehicle owner's written request, the division shall:
156 (a) remove the invisible condition identification symbol and brief description described
157 in Subsection (7) from a vehicle owner's vehicle registration database record in the division's
158 vehicle registration database; and
159 (b) provide the updated vehicle registration database record to the Utah Criminal
160 Justice Information System.
161 (9) As provided in Section 63G-2-302, the information described in Subsection (6)(a)
162 is a private record for purposes of Title 63G, Chapter 2, Government Records Access and
163 Management Act.
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164 Section 3. Section 53-3-207 is amended to read:
165 53-3-207. License certificates or driving privilege cards issued to drivers by class
166 of motor vehicle -- Contents -- Release of anatomical gift information -- Temporary
167 licenses or driving privilege cards -- Minors' licenses, cards, and permits -- Violation.
168 (1) As used in this section:
169 (a) "Authorized guardian" means:
170 (i) the parent or legal guardian of a child who:
171 (A) is under 18 years old; and
172 (B) has an invisible condition; or
173 (ii) the legal guardian or conservator of an adult who:
174 (A) is 18 years old or older; and
175 (B) has an invisible condition.
176 (b) "Driving privilege" means the privilege granted under this chapter to drive a motor
177 vehicle.
178 (c) "First responder" means:
179 (i) a law enforcement officer, as defined in Section 53-13-103;
180 (ii) an emergency medical technician, as defined in Section 26-8c-102;
181 (iii) an advanced emergency medical technician, as defined in Section 26-8c-102;
182 (iv) a paramedic, as defined in Section 26-8c-102;
183 (v) a firefighter, as defined in Section 53B-8c-102; or
184 (vi) a dispatcher, as defined in Section 53-6-102.
185 [(b)] (d) "Governmental entity" means the state or a political subdivision of the state.
186 [(c)] (e) "Health care professional" means:
187 (i) a licensed physician, physician assistant, nurse practitioner, or mental health
188 therapist; or
189 (ii) any other licensed health care professional the division designates by rule made in
190 accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
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191 [(d) "Political subdivision" means any county, city, town, school district, public transit
192 district, community reinvestment agency, special improvement or taxing district, local district,
193 special service district, an entity created by an interlocal agreement adopted under Title 11,
194 Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public
195 corporation.]
196 [(e)] (f) "Invisible condition" means a physical or mental condition that may interfere
197 with an individual's ability to communicate with a [law enforcement officer] first responder,
198 including:
199 (i) a communication impediment;
200 (ii) hearing loss;
201 (iii) blindness or a visual impairment;
202 (iv) autism spectrum disorder;
203 (v) a drug allergy;
204 (vi) Alzheimer's disease or dementia;
205 (vii) post-traumatic stress disorder;
206 (viii) traumatic brain injury;
207 (ix) schizophrenia;
208 (x) epilepsy;
209 (xi) a developmental disability;
210 (xii) Down syndrome;
211 (xiii) diabetes;
212 (xiv) a heart condition; or
213 (xv) any other condition approved by the department.
214 [(f)] (g) "Invisible condition identification symbol" means a symbol or alphanumeric
215 code that indicates that an individual is an individual with an invisible condition.
216 (h) "Political subdivision" means any county, city, town, school district, public transit
217 district, community reinvestment agency, special improvement or taxing district, local district,
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218 special service district, an entity created by an interlocal agreement adopted under Title 11,
219 Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public
220 corporation.
221 [(g)] (i) "State" means this state, and includes any office, department, agency,
222 authority, commission, board, institution, hospital, college, university, children's justice center,
223 or other instrumentality of the state.
224 (2) (a) The division shall issue to every individual privileged to drive a motor vehicle, a
225 regular license certificate, a limited-term license certificate, or a driving privilege card
226 indicating the type or class of motor vehicle the individual may drive.
227 (b) An individual may not drive a class of motor vehicle unless granted the privilege in
228 that class.
229 (3) (a) Every regular license certificate, limited-term license certificate, or driving
230 privilege card shall bear:
231 (i) the distinguishing number assigned to the individual by the division;
232 (ii) the name, birth date, and Utah residence address of the individual;
233 (iii) a brief description of the individual for the purpose of identification;
234 (iv) any restrictions imposed on the license under Section 53-3-208;
235 (v) a photograph of the individual;
236 (vi) a photograph or other facsimile of the individual's signature;
237 (vii) an indication whether the individual intends to make an anatomical gift under
238 Title 26, Chapter 28, Revised Uniform Anatomical Gift Act, unless the driving privilege is
239 extended under Subsection 53-3-214(3); and
240 (viii) except as provided in Subsection (3)(b), if the individual states that the individual
241 is a veteran of the United States military on the application for a driver license in accordance
242 with Section 53-3-205 and provides verification that the individual was granted an honorable
243 or general discharge from the United States Armed Forces, an indication that the individual is a
244 United States military veteran for a regular license certificate or limited-term license certificate
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