Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                             H.B. 69
Approved for Filing: K.P. Gasser 6                           4th Sub. (Green)
          6 02-22-24 3:51 PM 6
                         Senator Wayne A. Harper proposes the following substitute bill:
                                DUI TESTING AMENDMENTS
                                       2024 GENERAL SESSION
                                           STATE OF UTAH
                                 Chief Sponsor: Ryan D. Wilcox
                                 Senate Sponsor: Wayne A. Harper
 6
 LONG TITLE
 General Description:
        This bill amends provisions related to testing of bodily fluids for purposes of an
 investigation of driving under the influence.
 Highlighted Provisions:
        This bill:
        < requires the Department of Health and Human Services to:
            C   test blood and urine samples for both drugs and alcohol;
            C   provide the testing results in a timely manner; and
            C   provide test results through a secure medium to the Driver License Division and
 relevant law enforcement agencies;
        < amends a provision allowing the use of a blood and urine test in certain
 administrative proceedings;
        < enacts provisions regarding permissible uses of a blood and urine test by the Driver    4th Sub. H.B. 69
 License Division;
        < amends provisions related to shortening a driver license suspension, in certain
 circumstances, for a person not participating in a 24-7 sobriety program;
        < requires the Department of Public Safety to make rules to establish standards for
 proper usage and administration of oral fluid and portable breath tests as part of a
     *HB0069S04*
       4th Sub. (Green) H.B. 69                                                02-22-24 3:51 PM
 field sobriety test;
         < amends provisions related to driver license revocation for a subsequent offense
 related to driving under the influence;
         < requires law enforcement agencies to provide training on the use of oral fluid and
 portable breath tests as part of a field sobriety test; and
         < makes technical changes.
 Money Appropriated in this Bill:
         None
 Other Special Clauses:
         None
 Utah Code Sections Affected:
 AMENDS:
         26B-1-216, as renumbered and amended by Laws of Utah 2023, Chapter 305
         26B-8-406, as renumbered and amended by Laws of Utah 2023, Chapter 306
         26B-8-407, as renumbered and amended by Laws of Utah 2023, Chapter 306
         41-6a-509, as last amended by Laws of Utah 2023, Chapters 239, 384
         41-6a-515.6, as enacted by Laws of Utah 2017, Chapter 283
         53-3-104, as last amended by Laws of Utah 2021, Chapter 284
         53-3-223, as last amended by Laws of Utah 2023, Chapters 239, 384
 ENACTS:
         53-3-111, Utah Code Annotated 1953
         53-25-102, Utah Code Annotated 1953
48
 Be it enacted by the Legislature of the state of Utah:
         Section 1. Section 26B-1-216 is amended to read:
         26B-1-216. Powers and duties of the department -- Quality and design.
         The department shall:
         (1) monitor and evaluate the quality of services provided by the department including:
         (a) in accordance with Part 5, Fatality Review, monitoring, reviewing, and making
 recommendations relating to a fatality review;
         (b) overseeing the duties of the child protection ombudsman appointed under Section
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       02-22-24 3:51 PM                                                   4th Sub. (Green) H.B. 69
 80-2-1104; and
        (c) conducting internal evaluations of the quality of services provided by the
 department and service providers contracted with the department;
        (2) conduct investigations described in Section 80-2-703; [and]
        (3) develop an integrated human services system and implement a system of care by:
        (a) designing and implementing a comprehensive continuum of services for individuals
 who receive services from the department or a service provider contracted with the department;
        (b) establishing and maintaining department contracts with public and private service
 providers;
        (c) establishing standards for the use of service providers who contract with the
 department;
        (d) coordinating a service provider network to be used within the department to ensure
 individuals receive the appropriate type of services;
        (e) centralizing the department's administrative operations; and
        (f) integrating, analyzing, and applying department-wide data and research to monitor
 the quality, effectiveness, and outcomes of services provided by the department[.]; and
        (4) (a) coordinate with the Driver License Division, the Department of Public Safety,
 and any other law enforcement agency to test and provide results of blood or urine samples
 submitted to the department as part of an investigation for a driving offense that may have
 occurred and there is reason to believe the individual's blood or urine may contain:
        (i) alcohol; or
        (ii) other drugs or substances that the department reasonably determines could impair
 an individual or that is illegal for the individual to possess or consume; and
        (b) ensure that the results of the test described in Subsection (4)(a) are provided
 through a secure medium and in a timely manner.
        Section 2. Section 26B-8-406 is amended to read:
        26B-8-406. Disclosure of health data -- Limitations.
        The department may not make a disclosure of any identifiable health data unless:
        (1) one of the following persons has consented to the disclosure:
        (a) the individual;
        (b) the next-of-kin if the individual is deceased;
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        4th Sub. (Green) H.B. 69                                                    02-22-24 3:51 PM
        (c) the parent or legal guardian if the individual is a minor or mentally incompetent; or
        (d) a person holding a power of attorney covering such matters on behalf of the
 individual;
        (2) the disclosure is to a governmental entity in this or another state or the federal
 government, provided that:
        (a) the data will be used for a purpose for which they were collected by the department;
 and
        (b) the recipient enters into a written agreement satisfactory to the department agreeing
 to protect such data in accordance with the requirements of this part and department rule and
 not permit further disclosure without prior approval of the department;
        (3) the disclosure is to an individual or organization, for a specified period, solely for
 bona fide research and statistical purposes, determined in accordance with department rules,
 and the department determines that the data are required for the research and statistical
 purposes proposed and the requesting individual or organization enters into a written
 agreement satisfactory to the department to protect the data in accordance with this part and
 department rule and not permit further disclosure without prior approval of the department;
        (4) the disclosure is to a governmental entity for the purpose of conducting an audit,
 evaluation, or investigation of the department and such governmental entity agrees not to use
 those data for making any determination affecting the rights, benefits, or entitlements of any
 individual to whom the health data relates;
        (5) the disclosure is of specific medical or epidemiological information to authorized
 personnel within the department, local health departments, public health authorities, official
 health agencies in other states, the United States Public Health Service, the Centers for Disease
 Control and Prevention (CDC), or agencies responsible to enforce quarantine, when necessary
 to continue patient services or to undertake public health efforts to control communicable,
 infectious, acute, chronic, or any other disease or health hazard that the department considers to
 be dangerous or important or that may affect the public health;
        (6) (a) the disclosure is of specific medical or epidemiological information to a "health
 care provider" as defined in Section 78B-3-403, health care personnel, or public health
 personnel who has a legitimate need to have access to the information in order to assist the
 patient or to protect the health of others closely associated with the patient; and
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        02-22-24 3:51 PM                                                     4th Sub. (Green) H.B. 69
         (b) this Subsection (6) does not create a duty to warn third parties;
         (7) the disclosure is necessary to obtain payment from an insurer or other third-party
 payor in order for the department to obtain payment or to coordinate benefits for a patient; [or]
         (8) the disclosure is to the subject of the identifiable health data[.]; or
         (9) the disclosure is limited to the results of a blood or urine test and the disclosure is:
         (a) to the Driver License Division, as authorized by Section 53-3-111; or
         (b) to the requesting law enforcement agency as part of an investigation, as authorized
 by Subsection 26B-1-216(4).
         Section 3. Section 26B-8-407 is amended to read:
         26B-8-407. Disclosure of health data -- Discretion of department -- Exception.
         (1) Any disclosure provided for in Section 26B-8-406 shall be made at the discretion of
 the department.
         (2) Notwithstanding Subsection (1), the disclosure provided for in:
         (a) Subsection 26B-8-406(4) shall be made when the requirements of that paragraph
 are met[.]; and
         (b) Subsection 26B-8-406(9) is not discretionary.
         Section 4. Section 41-6a-509 is amended to read:
         41-6a-509. Driver license suspension or revocation for a driving under the
 influence violation.
         (1) (a) The Driver License Division shall, if the person is 21 years old or older at the
 time of arrest:
         (i) suspend for a period of 120 days the operator's license of a person convicted for the
 first time under Section 41-6a-502 or 76-5-102.1; or
         (ii) revoke for a period of two years the license of a person if:
         (A) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
         (B) the current violation under Section 41-6a-502, 76-5-102.1, or 76-5-207 is
 committed within a period of 10 years from the date of the prior violation.
         (b) (i) If a person elects to become an interlock restricted driver under Subsection
 53-3-223(10)(a), the Driver License Division may not suspend the operator's license for a
 violation of Section 41-6a-502 as described in Subsection (1)(a)(i) unless the person fails to
 complete 120 days of the interlock restriction.
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        4th Sub. (Green) H.B. 69                                                    02-22-24 3:51 PM
        (ii) If a person elects to become an interlock restricted driver under Subsection
 53-3-223(10)(a), and the person fails to complete the full 120 days of interlock restriction, the
 Driver License Division:
        (A) shall suspend the operator's license as described in Subsection (1)(a)(i) for a period
 of 120 days from the date the ignition interlock system was removed from the vehicle; and
        (B) may not reduce the 120-day suspension for any days the person was compliant with
 the interlock restriction under Subsection 53-3-223(10)(a).
        (c) (i) If a person elects to become an interlock restricted driver under Subsection
 41-6a-521(7), the Driver License Division may not suspend the operator's license for a
 violation of Section 41-6a-502 as described in Subsection (1)(a)(i) unless the person fails to
 complete three years of the interlock restriction under Subsection 41-6a-521(7).
        (ii) If a person elects to become an interlock restricted driver under Subsection
 41-6a-521(7), and the person fails to complete the full three years of interlock restriction, the
 Driver License Division:
        (A) shall suspend the operator's license as described in Subsection (1)(a)(i) for a period
 of 120 days from the date the ignition interlock system was removed from the vehicle; and
        (B) may not reduce the 120-day suspension for any days the person was compliant with
 the interlock restriction under Subsection 41-6a-521(7).
        (2) The Driver License Division shall, if the person is 19 years old or older but under
 21 years old at the time of arrest:
        (a) suspend the person's driver license until the person is 21 years old or for a period of
 one year, whichever is longer, if the person is convicted for the first time of a violation under
 Section 41-6a-502, 76-5-102.1, or 76-5-207 of an offense that was committed on or after July
 1, 2011;
        (b) deny the person's application for a license or learner's permit until the person is 21
 years old or for a period of one year, whichever is longer, if the person:
        (i) is convicted for the first time of a violation under Section 41-6a-502, 76-5-102.1, or
 76-5-207 of an offense committed on or after July 1, 2011; and
        (ii) has not been issued an operator license;
        (c) revoke the person's driver license until the person is 21 years old or for a period of
 two years, whichever is longer, if:
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        02-22-24 3:51 PM                                                      4th Sub. (Green) H.B. 69
           (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
           (ii) the current violation under Section 41-6a-502, 76-5-102.1, or 76-5-207 is
 committed within a period of 10 years from the date of the prior violation; or
           (d) deny the person's application for a license or learner's permit until the person is 21
 years old or for a period of two years, whichever is longer, if:
           (i) the person has a prior conviction as defined under Subsection 41-6a-501(2);
           (ii) the current violation under Section 41-6a-502, 76-5-102.1, or 76-5-207 is
 committed within a period of 10 years from the date of the prior violation; and
           (iii) the person has not been issued an operator license.
           (3) The Driver License Division shall, if the person is under 19 years old at the time of
 arrest:
           (a) suspend the person's driver license until the person is 21 years old if the person is
 convicted for the first time of a violation under Section 41-6a-502, 76-5-102.1, or 76-5-207;
           (b) deny the person's application for a license or learner's permit until the person is 21
 years old if the person:
           (i) is convicted for the first time of a violation under Section 41-6a-502, 76-5-102.1, or
 76-5-207; and
           (ii) has not been issued an operator license;
           (c) revoke the person's driver license until the person is 21 years old if:
           (i) the person has a prior conviction as defined under Subsection 41-6a-501(2); and
           (ii) the current violation under Section 41-6a-502, 76-5-102.1, or 76-5-207 is
 committed within a period of 10 years from the date of the prior violation; or
           (d) deny the person's application for a license or learner's permit until the person is 21
 years old if:
           (i) the person has a prior conviction as defined under Subsection 41-6a-501(2);
           (ii) the current violation under Section 41-6a-502, 76-5-102.1, or 76-5-207 is
 committed within a period of 10 years from the date of the prior violation; and
           (iii) the person has not been issued an operator license.
           (4) The Driver License Division shall suspend or revoke the license of a person as
 ordered by the court under Subsection (9).
           (5) The Driver License Division shall subtract from any suspension or revocation
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        4th Sub. (Green) H.B. 69                                                     02-22-24 3:51 PM
 period the number of days for which a license was previously suspended under Section
 53-3-223 or 53-3-231, if the previous suspension was based on the same occurrence upon
 which the record of conviction is based.
           (6) If a conviction recorded as impaired driving is amended to a driving under the
 influence conviction under Section 41-6a-502, 76-5-102.1, or 76-5-207 in accordance with
 Subsection 41-6a-502.5(3)(a)(ii), the Driver License Division:
           (a) may not subtract from any suspension or revocation any time for which a license
 was previously suspended or revoked under Section 53-3-223 or 53-3-231; and
           (b) shall start the suspension or revocation time under Subsection (1) on the date of the
 amended conviction.
           (7) A court that reported a conviction of a violation of Section 41-6a-502, 76-5-102.1,
 or 76-5-207 for a violation that occurred on or after July 1, 2009, to the Driver License
 Division may shorten the suspension period imposed under Subsection (2)(a) or (b) or
 Subsection (3)(a) or (b) prior to completion of the suspension period if the person:
           (a)