HB 59 — Identification Verification Amendments

and} } {(II)} {{provide the proof of age to law enforcement.} } Section 2.

32B-2-503.32B-2-503 (Effective upon governor's approval).

(1)(1)(a) (a) A state store shall display in a prominent place in the store a sign in large letters that consists of text in the following order:

"Driving under the influence of alcohol or drugs is a- serious5 crime- thatH.B. is prosecuted aggressively in Utah." (b) (i) The text described in Subsections (1)(a)(i) through (iii) shall be in a different font style than the text described in Subsections (1)(a)(iv) and (v).

59 Enrolled Copy a serious crime that is prosecuted aggressively in Utah." (b)(i) The text described in Subsections (1)(a)(i) through (iii) shall be in a different font style than the text described in Subsections (1)(a)(iv) and (v).

or - 6 - HB0059 compared with HB0059S05 (d) a known habitual drunkard.

(4)(4)(a) (a) A state store employee may not:

(5)(5)(a) (a) Sale or delivery of liquor may not be made on or from the premises of a state store, and a state store may not be kept open for the sale of liquor:

(6)(6)(a) (a) A minor may not be admitted into, or be on the premises of, a state store unless accompanied by a person who is:

(b) A state store employee that has reason to believe that a person who is on the premises of a state store is under [the age of 21] 21 years old and is not accompanied by a person described in Subsection (6)(6)(a) (a) may:

and (iii)- ask6 the- suspectedEnrolled minorCopy orH.B. the person who accompanies the suspected minor for proof of parental, guardianship, or spousal relationship.

59 (iii) ask the suspected minor or the person who accompanies the suspected minor for proof of parental, guardianship, or spousal relationship.

- 7 - HB0059 compared with HB0059S05 (d) A state store employee shall require a suspected minor and the person who accompanies the suspected minor into the state store to immediately leave the premises of the state store if the suspected minor or person fails to provide information specified in Subsection (6)(b).

(7)(7)(a) (a) A state store may not sell, offer for sale, or furnish liquor except in a sealed container.

(10)(10)(a) (a) Before the sale or furnishing of an alcoholic product to an individual, a state store shall require that the individual provide proof of age.

32B-2-605.32B-2-605 (Effective upon governor's approval).

(1)(1)(a) (a) A person may not operate a package agency until a package agency agreement is entered into by the package agent and the department.

(c)(c)(i) (i) If a package agent or staff of the package agent violates this title, rules under this title, or the package agency agreement, the department may take any action against the package agent that is allowed by the package agency agreement.

(ii)- An7 action- againstH.B. a package agent is governed solely by its package agency agreement and may include suspension or revocation of the package agency.

-59 8Enrolled -Copy HB0059(ii) comparedAn withaction HB0059S05against (iii) A package agency agreement shall provide procedures to be followed if a package agent failsis togoverned paysolely moneyby owedits topackage theagency departmentagreement includingand amay procedureinclude forsuspension replacing the package agent or operatorrevocation of the package agency.

(iii) A package agency agreement shall provide procedures to be followed if a package agent fails to pay money owed to the department including a procedure for replacing the package agent or operator of the package agency.

(2)(2)(a) (a) A package agency shall be operated by an individual who is either:

(3)(3)(a) (a) A package agent shall display in a prominent place in the package agency the record issued by the commission that designates the package agency.

- 9 - HB0059 compared with HB0059S05 (i) a header that reads:

(ii)- a8 warning- statementEnrolled thatCopy reads:H.B.

59 (ii) a warning statement that reads:

"Driving under the influence of alcohol or drugs is a serious crime that is prosecuted aggressively in Utah." (c)(c)(i) (i) The text described in Subsections (3)(b)(i) through (iii) shall be in a different font style than the text described in Subsections (3)(b)(iv) and (v).

(5)(5)(a) (a) A package agency may not purchase liquor from a person except from the department.

(7)(7)(a) (a) Except as provided in Subsection (7)(b), a package agency may not sell, offer for sale, or furnish liquor except at a price fixed by the commission.

- 10 - HB0059 compared with HB0059S05 (A) in person;

(iii) staff of the package agency does not leave the alcoholic product outside a guest room- for9 retrieval- byH.B. a guest;

59 Enrolled Copy room for retrieval by a guest;

(9)(9)(a) (a) A package agency may not employ a minor to handle liquor.

(b)(b)(i) (i) Staff of a package agency may not:

(10)(10)(a) (a) A package agency may not close or cease operation for a period longer than 72 hours, unless:

(c)(c)(i) (i) The department may authorize a closure or cessation of operation for a period not to exceed 60 days.

- 11 - HB0059 compared with HB0059S05 (iii) A closure or cessation of operation may not exceed a total of 90 days without commission approval.

(e) Failure of a package agency to provide notice and to obtain department authorization before- closure10 or- cessationEnrolled ofCopy operationH.B. results in an automatic termination of the package agency agreement effective immediately.

59 before closure or cessation of operation results in an automatic termination of the package agency agreement effective immediately.

(12)(12)(a) (a) A person, having been issued a package agency, may not sell, transfer, assign, exchange, barter, give, or attempt in any way to dispose of the package agency to another person, whether for monetary gain or not.

(13)(13)(a) (a) Subject to the other provisions of this Subsection (13):

-(c)(i) 12 - HB0059 compared with HB0059S05 (c) (i) Subsection (13)(a) does not apply to a package agency held by the following if the package agent that holds the package agency to sell liquor at a resort or hotel does not sell liquor in a manner similar to a state store:

(ii) The commission may by rule define what constitutes a package agency that sells liquor "in a manner similar to a state store." (14)(14)(a) (a) Except to the extent authorized by commission rule, a minor may not be admitted into, or be on the premises of, a package agency unless accompanied by a person- who11 is:- H.B.

59 Enrolled Copy person who is:

(15)(15)(a) (a) A package agency shall sell, offer for sale, or furnish liquor in a sealed container.

- 13 - HB0059 compared with HB0059S05 (i) if the package agency is the type of package agency that authorizes the package agency to sell, offer for sale, or furnish the liquor as part of room service;

or (b)- liquor12 that- containsEnrolled moreCopy thanH.B. 80% alcohol by volume.

59 (b) liquor that contains more than 80% alcohol by volume.

(20)(20)(a) (a) Before the sale or furnishing of an alcoholic product to an individual, a package agency shall require that the individual provide proof of age.

- 14 - HB0059 compared with HB0059S05 Section 4.

32B-4-405.32B-4-405 (Effective upon governor's approval) (Applies beginning 01/01/26).

Section- 5.13 - H.B.

59 Enrolled Copy Section 5.

32B-5-306.32B-5-306 (Effective upon governor's approval) (Applies beginning 01/01/26).

(1)(1)[(a)] [(a)] A retail licensee may not sell, offer for sale, or furnish an alcoholic product to:

[(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, or proof of age issued by another state or country.] (2)(2)(a) (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:

- 15 - HB0059 compared with HB0059S05 (i) staff of the retail licensee;

(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[ pursuant to] in accordance with Section 32B-5-307 may thereafter serve wine from the bottle to the patron or others at the patron's table.

32B-7-202.32B-7-202 (Effective upon governor's approval).

(1)- (a)14 An- off-premiseEnrolled beerCopy retailerH.B. or staff of the off-premise beer retailer shall comply with the provisions of this title and any applicable rules made by the commission.

59 (1)(a) An off-premise beer retailer or staff of the off-premise beer retailer shall comply with the provisions of this title and any applicable rules made by the commission.

[(3)] (2)(2)(a)(i) (a) (i) An off-premise beer retailer may not purchase, acquire, possess for the purpose of resale, or sell beer, except beer that the off-premise beer retailer lawfully purchases from:

(b)(b)(i) (i) If an off-premise beer retailer purchases beer under this Subsection (2) from a beer wholesaler licensee, the off-premise beer retailer shall purchase beer only from a beer wholesaler licensee who is designated by the manufacturer to sell beer in the geographical area in which the off-premise beer - 16 - HB0059 compared with HB0059S05 retailer is located, unless an alternate wholesaler is authorized by the department to sell to the off-off-premise premise beer retailer as provided in Section 32B-13-301.

[(5)] (4)(4)(a) (a) Staff of an off-premise beer retailer, while on duty, may not:

[(7)]- (6)15 (a)- SubjectH.B. to the other provisions of this Subsection (6), an off-premise beer retailer shall:

59 Enrolled Copy [(7)] (6)(a) Subject to the other provisions of this Subsection (6), an off-premise beer retailer shall:

- 17 - HB0059 compared with HB0059S05 (C) meets the requirements for format established by the commission by rule;

(e)(e)(i) (i) Except as provided in Subsection (6)(e)(ii), the provisions of Subsection (6)(a)(i) apply on and after May 9, 2017.

[(8)] (7)(7)(a) (a) Staff of an off-premise beer retailer who directly supervises the sale of beer or who sells beer to a patron for consumption off the premises of the off-premise beer retailer shall wear a unique identification badge:

(B)- initials;16 - Enrolled Copy H.B.

59 (B) initials;

and -(iii)(A) 18 - HB0059 compared with HB0059S05 (iii) (A) driver license number;

[(9)] (8)(8)(a) (a) An off-premise beer retailer may sell, offer for sale, or furnish beer:

(b)(b)(i) (i) An off-premise beer retailer shall ensure that a parking stall described in Subsection (8)(a)(iii) is:

and (C) labeled in a conspicuous manner that communicates the purpose described in Subsection- [(8)(b)17 (ii)]- (8)(b)(i)(B).H.B.

59 Enrolled Copy Subsection [(8)(b)(ii)] (8)(b)(i)(B).

- 19 - HB0059 compared with HB0059S05 (c) Nothing in this Subsection (8) modifies the other requirements of this section.

[(12)] (11) An off-premise beer retailer may not sell, offer for sale, or furnish a beer that is intended- to18 be- frozenEnrolled andCopy consumedH.B. in a manner other than as a beverage, including beer in the form of a freeze pop, popsicle, ice cream, or sorbet.

(12)59 (a)intended Beforeto thebe salefrozen orand furnishingconsumed ofin ana alcoholicmanner productother tothan anas individual,a anbeverage, off-premiseincluding beer retailerin shallthe requireform thatof thea individualfreeze providepop, proofpopsicle, ofice age.cream, or sorbet.

(12)(a) Before the sale or furnishing of an alcoholic product to an individual, an off-premise beer retailer shall require that the individual provide proof of age.

41-6a-505.41-6a-505 (Effective upon governor's approval).

- 20 - HB0059 compared with HB0059S05 (1) As part of any sentence for a first conviction of extreme DUI:

(i)(i)(A) (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;

(vii)(vii)(A) (A) order the individual to pay the administrative impound fee described in Section 41-6a-1406;

(viii)(viii)(A) (A) order the individual to pay the towing and storage fees described in Section 72-9-603;

(ix)- unless19 the- courtH.B. 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;

59 Enrolled Copy (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;

- 21 - HB0059 compared with HB0059S05 (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;

(2)(2)(a) (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).

(i)(i)(A) (A) impose a jail sentence of not less than two days;

(vi)(vi)(A) (A) order the individual to pay the administrative impound fee described in Section 41-6a-1406;

or (B)- if20 the- administrativeEnrolled impoundCopy feeH.B. 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;

and59 (vii)(B) (A)if order the individualadministrative toimpound payfee thewas towingpaid andby storagea feesparty described in SectionSubsection 72-9-603;41-6a-1406(6)(a), other than the individual sentenced, order the individual sentenced to reimburse the party;

and (vii)(A) order the individual to pay the towing and storage fees described in Section 72-9-603;

- 22 - HB0059 compared with HB0059S05 (i) order the individual to obtain substance abuse treatment if the substance abuse treatment program determines that substance abuse treatment is appropriate;

(4)(4)(a) (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).

(i)(i)(A) (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)- impose21 a- jailH.B. 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;

59 Enrolled Copy (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;

- 23 - HB0059 compared with HB0059S05 (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);

(viii)(viii)(A) (A) order the individual to pay the administrative impound fee described in Section 41-6a-1406;

(ix)(ix)(A) (A) order the individual to pay the towing and storage fees described in Section 72-9-603;

(6)(6)(a) (a) If an individual described in Subsection (5) is participating in a 24-7 sobriety program- as22 defined- inEnrolled SectionCopy 41-6a-515.5,H.B. the court may suspend the jail sentence imposed under Subsection (5)(a) after the individual has served a minimum of:

59 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:

- 24 - HB0059 compared with HB0059S05 (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):

(i)(i)(A) (A) impose a jail sentence of not less than 10 days;

(vii)(vii)(A) (A) order the individual to pay the administrative impound fee described in Section 41-6a-1406;

and (viii)(viii)(A) (A) order the individual to pay the towing and storage fees described in Section 72-9-603;

and (b)- the23 court- may:H.B.

59 Enrolled Copy (b) the court may:

or - 25 - HB0059 compared with HB0059S05 (iv) designate the individual as an interdicted person for a period of time not to exceed the probationary period, unless the court finds good cause to order a shorter or longer time, and require the individual to surrender the individual's Utah driver license or Utah identification card.

(8)(8)(a) (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:

(10)(10)(a) (a) For Subsection (9) or Subsection 41-6a-502(2)(c)(i), the court:

and (ii)- may24 impose- anEnrolled orderCopy requiringH.B. 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.

59 (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.

- 26 - HB0059 compared with HB0059S05 (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:

(12)(12)(a)(i) (a) (i) Except as described in Subsection (12)(a)(ii), a court may not suspend the requirements of this section.

or (iii)- the25 imposition- ofH.B. home confinement through the use of electronic monitoring in accordance with Section 41-6a-506.

59 Enrolled Copy (iii) the imposition of home confinement through the use of electronic monitoring in accordance with Section 41-6a-506.

-41-6a-509 27(Effective -upon HB0059governor's comparedapproval). with HB0059S05 41-6a-509.

(1)(1)(a) (a) The Driver License Division shall, if the person is 21 years old or older at the time of arrest:

(b)(b)(i) (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.

(c)(c)(i) (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).

(A)- shall26 suspend- theEnrolled operator'sCopy licenseH.B. 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;

and59 -(A) 28shall -suspend HB0059the comparedoperator's withlicense HB0059S05as (B)described mayin notSubsection reduce(1)(a)(i) thefor 120-daya suspensionperiod forof any120 days from the persondate wasthe compliantignition withinterlock thesystem interlockwas restrictionremoved underfrom Subsectionthe 41-6a-521(7).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).

(i)- is27 convicted- forH.B. the first time of a violation under Section 41-6a-502, 76-5-102.1, or 76-5-207;

59 Enrolled Copy (i) is convicted for the first time of a violation under Section 41-6a-502, 76-5-102.1, or 76-5-207;

- 29 - HB0059 compared with HB0059S05 (i) the person has a prior conviction as defined under Subsection 41-6a-501(2);

(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)41-6a-502.5(3)(a)(ii), (ii), the Driver License Division:

(c) completes an assessment, if it is found appropriate by a screening under Subsection (7)(b);- 28 - Enrolled Copy H.B.

59 (7)(b);

- 30 - HB0059 compared with HB0059S05 (e) completes an educational series if substance abuse treatment is not required by an assessment under Subsection (7)(c) or the court does not order substance abuse treatment;

and (h)(h)(i) (i) is 18 years old or older and provides a sworn statement to the court that the person has not unlawfully consumed alcohol during the suspension period imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or (b);

(8) If the court shortens a person's license suspension period in accordance with the requirements of Subsection (7), the court shall forward the order shortening the person's suspension period to the Driver License Division in a manner specified by the division [prior[ prior to] before the completion of the suspension period imposed under Subsection (2)(a) or (b) or Subsection (3)(a) or (b).

(9)(9)(a)(i) (a) (i) In addition to any other penalties provided in this section, a court may order the operator's license of a person who is convicted of a violation of Section 41-6a-502, 76-5-102.1, or 76-5-207 to be suspended or revoked for an additional period of 90 days, 120 days, 180 days, one year, or two years to remove from the highways those persons who have shown they are safety hazards.

- 31 - HB0059 compared with HB0059S05 (b) If the court suspends or revokes the person's license under this Subsection (9), the court- shall29 prepare- andH.B. send to the Driver License Division an order to suspend or revoke that person's driving privileges for a specified period of time.

(10)59 (a)Enrolled TheCopy court shall notifyprepare and send to the Driver License Division ifan aorder personto failssuspend toor completerevoke allthat courtperson's ordered:driving privileges for a specified period of time.

(10)(a) The court shall notify the Driver License Division if a person fails to complete all court ordered:

(11)(11)(a) (a) A court that reported a conviction of a violation of Section 41-6a-502 to the Driver License Division may shorten the suspension or revocation period imposed under Subsection (1) before completion of the suspension or revocation period if the person:

(ii)(ii)(A) (A) is participating in or has successfully completed a problem solving court program approved by the Judicial Council, including a driving under the influence court program, a drug court program, or a veterans treatment court program;

- 32 - HB0059 compared with HB0059S05 (b) If a court shortens a person's license suspension or revocation period in accordance with- the30 requirements- ofEnrolled thisCopy SubsectionH.B. (11), the court shall forward the order shortening the person's suspension or revocation period to the Driver License Division in a manner specified by the division.

59 with the requirements of this Subsection (11), the court shall forward the order shortening the person's suspension or revocation period to the Driver License Division in a manner specified by the division.

(d)(d)(i)(A) (i) (A) Upon receiving the notification described in Subsection (11)(c), for a first offense, the division shall suspend the person's driving privilege for a period of 120 days from the date of notice.

(ii)(ii)(A) (A) Upon receiving the notification described in Subsection (11)(c), for a second or subsequent offense, the division shall revoke the person's driving privilege for a period of two years from the date of notice.

53-3-236.53-3-236 (Effective 05/06/26).

- 33 - HB0059 compared with HB0059S05 (1) If the division receives a notification from a court as provided in Section 41-6a-505, 41-6a-509, 76-5-102.1, or 76-5-207, that an individual is an interdicted person, the division:- 31 - H.B.

(a)59 (i)Enrolled mayCopy acceptdivision: an application from the individual for a duplicate license that includes an interdicted person identifier;

(a)(i) may accept an application from the individual for a duplicate license that includes an interdicted person identifier;

or (b)(b)(i) (i) may accept an application from the individual for a renewal of a license or an original license with an interdicted person identifier;

(3)(3)(a) (a) An individual may voluntarily apply for a duplicate license, original license, or renewal of a license that includes an interdicted person identifier.

- 34 - HB0059 compared with HB0059S05 (6) 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 license certificate with the interdicted person identifier.

53-3-805.53-3-805 (Effective 05/06/26).

(b)- "Health32 care- professional"Enrolled meansCopy theH.B. same as that term is defined in Section 53-3-207.

59 (b) "Health care professional" means the same as that term is defined in Section 53-3-207.

(2)(2)(a) (a) The division shall issue an identification card that bears:

(3)(3)(a) (a) The card shall be of an impervious material, resistant to wear, damage, and alteration.

- 35 - HB0059 compared with HB0059S05 (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)(5)(a) (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:

(A)- the33 department;- H.B.

59 Enrolled Copy (A) the department;

(D) a local law enforcement agency that receives a copy of the form described in this Subsection (5)(5)(a) (a) and enters the contents of the form into the local law enforcement agency's record management system or computer-aided dispatch system;

or - 36 - HB0059 compared with HB0059S05 (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.

(f) For each individual issued an identification card under this section that includes an invisible- condition34 identification- symbol,Enrolled theCopy divisionH.B. 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.

59 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.

(6)(6)(a) (a) If the division receives a notification from a court as provided in Section 41-6a-505, 41-6a-509, 76-5-102.1, or 76-5-207, that an individual is an interdicted person, the division:

(b)(b)(i) (i) An individual may voluntarily apply for an identification card that includes an interdicted person identifier.

- 37 - HB0059 compared with HB0059S05 (ii) An individual [that] who voluntarily applies for an identification card with an interdicted person identifier may not apply for another identification card without the interdicted person identifier for at least 30 days after the application for the identification card with the interdicted person identifier.

(d) [The] Subject to Subsection (6)(b)(iii), the division may charge an administrative fee as described in Subsection 53-3-105(40) to an individual to process and provide an identification- card35 with- anH.B. interdicted person identifier.

59 Enrolled Copy identification card with an interdicted person identifier.

(8)(8)(a) (a) The indication of intent under Subsection 53-3-804(2)(j) shall be authenticated by the applicant in accordance with division rule.

(b)(b)(i) (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.

- 38 - HB0059 compared with HB0059S05 (a) loss;

(11)(11)(a) (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).

(i)- when36 the- individual'sEnrolled regularCopy identificationH.B. card has been issued;

59 (i) when the individual's regular identification card has been issued;

76-5-102.1.76-5-102.1 (Effective upon governor's approval).

(1)(1)(a) (a) As used in this section:

(a)(a)(i) (i) operates a vehicle in a negligent manner causing bodily injury to another;

and (ii)(ii)(A) (A) has sufficient alcohol in the actor's body such that a subsequent chemical test shows that the actor has a blood or breath alcohol concentration of .05 grams or greater at the time of the test;

- 39 - HB0059 compared with HB0059S05 (B) is under the influence of alcohol, a drug, or the combined influence of alcohol and a drug to a degree that renders the actor incapable of safely operating a vehicle;

or (b)(b)(i) (i) operates a vehicle in a criminally negligent manner causing bodily injury to another;

(a)(a)(i) (i) a class A misdemeanor;[ or] (ii) a third degree felony if the actor has two or more driving under the influence related convictions under Subsection 41-6a-501(2)(a), each of which is within 10 years of:

(A)- the37 current- conviction;H.B.

59 Enrolled Copy (A) the current conviction;

(5)(5)(a) - 40 - HB0059 compared with HB0059S05 (a) A judge imposing a sentence under this section may consider:

(c) The standards for chemical breath analysis under Section 41-6a-515 and the provisions for the admissibility of chemical test results under Section 41-6a-516 apply- to38 determination- andEnrolled proofCopy ofH.B. blood alcohol content under this section.

59 apply to determination and proof of blood alcohol content under this section.

(6)(6)(a) (a) A judge imposing a sentence under this section shall designate the defendant as an interdicted person, as that term is defined in Section 32B-1-102, for a period of time not to exceed the probationary period, unless the court finds good cause to order a shorter or longer time.

76-5-207.76-5-207 (Effective upon governor's approval).

(1)(1)(a) - 41 - HB0059 compared with HB0059S05 (a) As used in this section:

(iv) "Negligent" or "negligence" means simple negligence, the failure to exercise that degree- of39 care- thatH.B. reasonable and prudent persons exercise under like or similar circumstances.

59 Enrolled Copy degree of care that reasonable and prudent persons exercise under like or similar circumstances.

(a)(a)(i) (i) operates a vehicle in a negligent or criminally negligent manner causing the death of another individual;

and (ii)(ii)(A) (A) has sufficient alcohol in the actor's body such that a subsequent chemical test shows that the actor has a blood or breath alcohol concentration of .05 grams or greater at the time of the test;

or (b)(b)(i) (i) operates a vehicle in a criminally negligent manner causing death to another;

- 42 - HB0059 compared with HB0059S05 (a) the controlled substance was obtained under a valid prescription or order, directly from a practitioner while acting in the course of the practitioner's professional practice, or as otherwise authorized by Title 58, Occupations and Professions;

(5)- (a)40 A- judgeEnrolled imposingCopy aH.B. sentence under this section may consider:

59 (5)(a) A judge imposing a sentence under this section may consider:

- 43 - HB0059 compared with HB0059S05 (7) Notwithstanding Subsection (3)(a), the court may impose a sentence of not less than three years nor more than 15 years if the court details on the record why it is in the interest of justice.

(8)(8)(a) (a) A judge imposing a sentence under this section shall designate the defendant as an interdicted person, as that term is defined in Section 32B-1-102, for a period of time not to exceed the probationary period, unless the court finds good cause to order a shorter or longer time.

(i)- require41 the- personH.B. to surrender the person's Utah identification card or Utah driver license;

59 Enrolled Copy (i) require the person to surrender the person's Utah identification card or Utah driver license;

Effective date.

{This(1) } Except as provided in Subsection (2), this bill takes effect:

(1){(a)}(a) except as provided in Subsection {(2)} (1)(b), May 6, 2026;

or (2){(b)}(b) if approved by two-thirds of all members elected to each house:

(a){(i)}(i) upon approval by the governor;

(b){(ii)}(ii) without the governor's signature, the day following the constitutional time limit of Utah Constitution, Article VII, Section 8;

or (c){(iii)}(iii) in the case of a veto, the date of veto override.

Retrospective Operation.

{This bill has } The following sections have retrospective operation to {.}January :1, 2026:

597, Alcohol - 44 - HB0059 compared with HB0059S05 Amendments, both pass and become law, the Legislature intends that, on May 6, 2026, the amendments to Section 32B-1-407 in H.B.

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