HB 136 — Unlicensed Driver Amendments

41-6a-1406.41-6a-1406 (Effective 07/01/26) (Partially Repealed 07/01/29).

{(EffectiveRemoval 05/06/26)} {(Partially Repealed 07/01/29)}(Effective 07/01/26) (Partially Repealed 07/01/29)Removal and impoundment of vehicles -- Reporting - 6 - HB0136 compared with HB0136S05 and notification requirements -- Administrative impound fee -- Refunds -- Possessory lien -- Rulemaking.

(4)(4)(a) (a) A report described in this Subsection (4) is required for a vehicle, vessel, or outboard motor that is impounded as described in Subsection (1).

(b) Before noon on the next business day after the date of the removal of the vehicle, vessel, or outboard motor, a report of the impoundment shall be sent to the Motor Vehicle- Division,6 in- anEnrolled electronicCopy formatH.B. approved by the Motor Vehicle Division, by:

136 Vehicle Division, in an electronic format approved by the Motor Vehicle Division, by:

and - 7 - HB0136 compared with HB0136S05 (ix) the place where the vehicle, vessel, or outboard motor is stored.

(d)(d)(i) (i) If the form described in Subsection (4)(c) does not include the reason for the removal or impoundment described in Subsection (4)(c)(vii), the peace officer and tow truck operator described in Subsection (4)(b) shall note "other" as the reason for the removal or impoundment.

[(d)] (e)(e)(i) (i) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the State Tax Commission shall make rules to establish proper format and information required on the form described in this Subsection (4).

[(e)] (f) Until the tow truck operator or tow truck motor carrier reports the removal as required under this Subsection (4), a tow truck motor carrier or impound yard may not:- 7 - H.B.

136 Enrolled Copy not:

(5)(5)(a) (a) A report described in this Subsection (5) is required for [any] a vehicle, vessel, or outboard motor that is removed, except for:

- 8 - HB0136 compared with HB0136S05 (c) For a removal described in Subsection (5)(a), before noon on the next business day following the date of the removal of the vehicle, vessel, or outboard motor, the tow truck operator or tow truck motor carrier shall send to the Motor Vehicle Division in an electronic format approved by the Motor Vehicle Division:

(e)- If8 [either{]}- ]theEnrolled vehicleCopy identificationH.B. number{,}[ {[} or the ] , license number, temporary permit number, or other identification number issued by a state agency is not available, the report shall include:

136 (e) If [either ]the vehicle identification number[ or the ] , license number, temporary permit number, or other identification number issued by a state agency is not available, the report shall include:

- 9 - HB0136 compared with HB0136S05 (h) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the State Tax Commission may make rules to establish proper format and information required on the form described in Subsection (5)(d), including submission in an electronic format.

(6)(6)(a) (a) Except as provided in Subsection (6)(d) and upon receipt of a report described in Subsection (4) or (5), the Motor Vehicle Division shall give notice, in the manner described in Section 41-1a-114, to the following parties with an interest in the vehicle, vessel, or outboard motor, as applicable:

(ii)- state9 that- theH.B. registered owner is responsible for payment of towing, impound, and storage fees charged against the vehicle, vessel, or outboard motor;

136 Enrolled Copy (ii) state that the registered owner is responsible for payment of towing, impound, and storage fees charged against the vehicle, vessel, or outboard motor;

(e)(e)(i) - 10 - HB0136 compared with HB0136S05 (i) The Motor Vehicle Division shall disclose the information in the report described in Subsection (4) and Subsection 72-9-603(1)(a)(i) to a designated agent as defined in Section 41-12a-802 regarding a tow that was initiated:

(7)(7)(a) (a) The vehicle, vessel, or outboard motor impounded or removed to a state impound yard as described in this section shall be released after a party described in Subsection (6)(a) or (7)(f):

(i) makes a claim for release of the vehicle, vessel, or outboard motor at [any] an office- of10 the- StateEnrolled TaxCopy Commission;H.B.

136 office of the State Tax Commission;

(b)(b)(i) (i) Twenty-nine dollars of the administrative impound fee assessed under Subsection (7)(a)(iv)(A) shall be dedicated credits to the Motor Vehicle Division.

- 11 - HB0136 compared with HB0136S05 (ii) [One-hundred and {]forty-seven] One hundred }forty-seven] One-hundred eighty-seven dollars of the administrative impound fee assessed under Subsection (7)(a)(iv)(A) shall be deposited into the Department of Public Safety Restricted Account created in Section 53-3-106.

(c) The administrative impound fee and the administrative testing fee assessed under Subsection (7)(a)(7)(a)(iv) (iv) shall be waived or refunded by the State Tax Commission if the registered owner, lien holder, or owner's agent presents written evidence to the State Tax Commission that:

(i) the Driver License Division determined that the arrested person's driver license should not be suspended or revoked under Section 53-3-223 or 41-6a-521 as shown by a letter or other report from the Driver License Division presented within 180 days after the day on which the Driver License Division mailed the final- notification;11 - H.B.

136 Enrolled Copy final notification;

(d)(d)(i) (i) A tow truck operator, a tow truck motor carrier, and an impound yard shall accept payment by cash and debit or credit card for a removal or impoundment under Subsection (1) or [any ]service rendered, performed, or supplied in connection with a removal or impoundment under Subsection (1).

(ii) {An } Except as provided in Subsection (7)(f)(ii), an impound yard may not release a vehicle unless an individual with a driving credential, as defined in Section 41-1a-1101, is present and able to operate the vehicle.

and - 12 - HB0136 compared with HB0136S05 (ii) the vehicle, vessel, or outboard motor is not being released to a party described in Subsection (6)(a), even if the party satisfies the requirements to release the vehicle, vessel, or outboard motor under this Subsection (7).

(i)(i)(A) (A) satisfies the requirements of Subsections (7)(a)(i) and (7)(a)(iii) through (v);

(B) provides a towing certificate issued by the Department of Transportation [pursuant[ pursuant to] in accordance with Section 72-9-602;

and (D) obtains or presents an impound release for the vehicle, vessel, or outboard motor- [pursuant12 to]- inEnrolled accordanceCopy withH.B. Subsection (7)(a).

(8)136 (a) For an impounded or a removed vehicle, vessel, or outboard motor not[pursuant claimedto] byin aaccordance partywith described in Subsection (6)(a)(7)(a). or (7)(f) within the time [prescribed by] described in Section 41-1a-1103, the Motor Vehicle Division shall issue a certificate of sale for the impounded or removed vehicle, vessel, or outboard motor as described in Section 41-1a-1103.

(8)(a) For an impounded or a removed vehicle, vessel, or outboard motor not claimed by a party described in Subsection (6)(a) or (7)(f) within the time [prescribed by] described in Section 41-1a-1103, the Motor Vehicle Division shall issue a certificate of sale for the impounded or removed vehicle, vessel, or outboard motor as described in Section 41-1a-1103.

(10)(10)(a) - 13 - HB0136 compared with HB0136S05 (a) As used in this Subsection (10), "life essential item" means the same as that term is defined in Subsection 72-9-603(13).

(c) Towing fees are a possessory lien on the vehicle, vessel, or outboard motor and [any ]nonlife] nonlife essential items contained in the vehicle, vessel, or outboard motor.

(12)- (a)13 The- MotorH.B. Vehicle Division may specify that a report required under Subsection (4) be submitted in electronic form utilizing a database for submission, storage, and retrieval of the information.

(b)136 (i)Enrolled UnlessCopy otherwise(12)(a) providedThe by statute, the Motor Vehicle Division ormay thespecify administratorthat ofa thereport databaserequired mayunder adoptSubsection a(4) schedulebe ofsubmitted feesin assessedelectronic forform utilizing a database for submission, storage, and retrieval of the database.information.

(b)(i) Unless otherwise provided by statute, the Motor Vehicle Division or the administrator of the database may adopt a schedule of fees assessed for utilizing the database.

53-3-202.53-3-202 (Effective 05/06/26).

- 14 - HB0136 compared with HB0136S05 (1) A human driver may not drive a motor vehicle or an autocycle on a highway in this state unless the human driver is:

(c)(c)(i) (i) driving a road roller, road machinery, or [any ]farm tractor or implement of husbandry temporarily drawn, moved, or propelled on the highways;

or (h)- exempt14 under- TitleEnrolled 41,Copy ChapterH.B. 22, Off-highway Vehicles.

136 (h) exempt under Title 41, Chapter 22, Off-highway Vehicles.

(3)(3)(a) (a) A human driver may not drive a motor vehicle as a taxicab on a highway of this state unless the person has a valid class D driver license issued by the division.

- 15 - HB0136 compared with HB0136S05 (b) A human driver may not drive a motor vehicle as a private passenger carrier on a highway of this state unless the human driver has:

(4)(4)(a) (a) Except as provided in Subsections (4)(b), (c), (d), and (e), a human driver may not operate:

or (iii) a motor-driven cycle unless the human driver has a valid class D driver license and- a15 motorcycle- endorsementH.B. issued under this chapter.

136 Enrolled Copy and a motorcycle endorsement issued under this chapter.

- 16 - HB0136 compared with HB0136S05 (e) A human driver operating an autocycle is not required to have a motorcycle endorsement issued under this chapter.

(6)(6)(a) (a) As used in this Subsection (6), a "quick fingerprint" is a fingerprint, taken on a biometric device, that is:

(ii) queried against {an } the Automated Fingerprint Identification System, Bureau of Criminal Identification fingerprint database, National Crime Information Center database, or a similar fingerprint database system;

or (iii) the peace officer has reasonable suspicion to believe that the form of identification- presented16 is- fraudulent.Enrolled Copy H.B.

136 identification presented is fraudulent.

- 17 - HB0136 compared with HB0136S05 (d) the driver is under 18 years old;

[(6)] (9)(9)(a) (a)[A {person] Ĥ→Except {}as {described orin aSubsection similar(9)(b) fingerprintand database(9)(c), system}{}an ←Ĥindividual }who ;violates this section is guilty of an infraction.

(iii)(b)(i) notExcept addedas toprovided orin storedSubsection in[(6)(d)] the[, Automateda Fingerprintperson] Identification(9)(b)(iii), System{an Ĥ→individual {}who {violates Subsection (4)(a)(i) or a(4)(a)(iii) similaris fingerprintsubject databaseto system}{}a ←Ĥminimum }fine ;of $350.

and (iv) {accomplished in approximately 15 minutes or less.} {(b)} {An individual without a driver license, driving privilege card, or learner permit that is lawfully subjected to a stop by a peace officer as described in Section 77-7-15 shall present another form of government-issued identification.} {(c)} {Subject to Subsection (7), a peace officer shall take a quick fingerprint of an individual described in Subsection (6)(b) if:} {(i)} {the peace officer is unable to verify that the individual has been issued a driving credential;} {(ii)} {the individual does not provide a form of identification;

or} {(iii)} {the peace officer has reasonable suspicion to believe that the form of identification presented is fraudulent.} {(d)} {Nothing in this Subsection (6) prohibits a peace officer from conducting a full fingerprint panel subject to a noncustodial booking.} {(7)} {A peace officer is not required to comply with Subsection (6)(c) if the peace officer makes a reasonable determination that:} {(a)} {doing so would create a safety concern for the driver or peace officer;} {(b)} {doing so would prevent the peace officer from addressing other public safety considerations;} {(c)} {the peace officer does not have adequate equipment to take a fingerprint;} {(d)} {the driver is under 18 years old;

or} {(e)} {the peace officer would be unable to complete a fingerprint check due to lack of cellular service.} {(8)} {A law enforcement agency shall ensure access to fingerprinting equipment to comply with Subsection (6) no later than January 1, 2028.} {[(6)] (9)} - 18 - HB0136 compared with HB0136S05 {(a)} [A person] Except as described in Subsection (9)(b) and (9)(c), an individual who violates this section is guilty of { Ĥ→ {} {[} an infraction{]} {a class C misdemeanor}{} ←Ĥ } .

(b) (i) Except as provided in Subsection [(6)(d)] {(9)(b)(iii)}[, a person] (9)(b)(iii), and individual who violates Subsection (4)(a)(i) or (4)(a)(iii) is subject to a minimum fine of $350.

[(d)] (iii)(iii)[(i)] [(i)] (A) A court shall waive the fine imposed under Subsection [(6)(b)] (9)(b)(i) if the [person] individual provides to the court within 30 days [of the date of the entry of a plea or sentencing, whichever is later] from the day on which the {person } individual enters a plea, or within 30 days from the day on which the court imposes a sentence, whichever is later, proof that the [person] individual has been issued a motorcycle endorsement as provided in this chapter.

[(ii)] (B) A court may extend the 30-day time period described in Subsection [(6)(d)(i)][ (6)(d)(i)] (9)(b)(iii)(A) for a reasonable time period for the [person] individual to obtain a motorcycle endorsement for good cause shown.

(c)(c)(i) (i) An individual is guilty of a class B misdemeanor if, at the time of the offense, the individual has previously been convicted of a violation of this section.

(ii) In addition to the penalties described in Subsections (9)(a), (b), and (c)(i), an individual- who17 violates- thisH.B. section is also subject to seizure of the vehicle as described in Section 41-1a-1101.

136 Enrolled Copy individual who violates this section is also subject to seizure of the vehicle as described in Section 41-1a-1101.

53-3-203.53-3-203 (Effective 05/06/26).

(2)(2)(a) (a) A person may not rent a motor vehicle to another person unless the person who will be the driver is licensed in this state, or in the case of a nonresident, licensed under the laws of the state or country of [his ]residence.

- 19 - HB0136 compared with HB0136S05 (i) has inspected the license certificate of the person who will be the driver;

(c)(c)(i) (i) A person may verify the information described in Subsection (2)(b) for a subsequent vehicle rental through the use of an electronic system maintained by the person for the purposes of expediting the vehicle rental process.

53-3-221.- 18 - Enrolled Copy H.B.

136 53-3-221 (Effective 05/06/26).

- 20 - HB0136 compared with HB0136S05 (b) has, by reckless [or unlawful ]driving of a motor vehicle, caused or contributed to an accident resulting in death or injury to any other individual, or [serious ]property damage;

(2)(2)(a)(i) (a) (i) Except as provided in Subsection 53-3-218(3), and subject to Subsection (2)(a)(ii), the division may suspend a license of an individual under Subsection (1):

or (B) if the division receives a notification from a court as described in Subsection 41-6a-509(11)41-6a-509(11)(d) (d) or 41-6a-517(13)(b).

(b)(b)(i) (i) This Subsection (2) may not be exercised unless notice of the pending suspension of the driving privilege has been sent at least 30 days previously to the individual at the address provided to the division.

(ii) After clearance by the division, a report authorized by Section 53-3-104 may not contain any evidence of a suspension that occurred as a result of failure to comply with- the19 terms- statedH.B. on a traffic citation.

136 Enrolled Copy with the terms stated on a traffic citation.

or - 21 - HB0136 compared with HB0136S05 (c) the issuance of a bench warrant as a result of an event described in Subsection (3)(a) or (b).

(4)(4)(a) (a) The division shall make rules establishing a point system as provided for in this Subsection (4).

(b)(b)(i) (i) The division shall assign a number of points to each type of moving traffic violation as a measure of its seriousness.

(d)(d)(i) (i) A separate procedure for assessing points for speeding offenses shall be established by the division based upon the severity of the offense.

(B)- "intermediate" for exceeding the posted speed limit by 11 to 20 miles- perEnrolled hour;Copy H.B.

136 (B) "intermediate" for exceeding the posted speed limit by 11 to 20 miles per hour;

- 22 - HB0136 compared with HB0136S05 (iii) Consideration shall be made for assessment of no points on minimum speeding violations, except for speeding violations in school zones.

(e)(e)(i) (i) Points assessed against an individual's driving record shall be deleted for violations occurring before a time limit set by the division.

(f)(f)(i) (i) By publication in two newspapers having general circulation throughout the state, the division shall give notice of the number of points it has assigned to each type of traffic violation, the time limit set by the division for the deletion of points, and the point level at which the division will generally take action to deny or suspend under this section.

(5)(5)(a)(i) (a) (i) If the division finds that the license of an individual should be denied, suspended, disqualified, or revoked under this section, the division shall immediately notify the licensee in a manner specified by the division and afford the individual an opportunity for a hearing in the county where the licensee resides.

- 23 - HB0136 compared with HB0136S05 (i) whose license has been denied or suspended following reexamination;

(ii)- who21 is- incompetentH.B. to drive a motor vehicle;

136 Enrolled Copy (ii) who is incompetent to drive a motor vehicle;

(6)(6)(a) (a) Subject to Subsection (6)(d), the division shall suspend an individual's license when the division receives notice from the Office of Recovery Services that the Office of Recovery Services has ordered the suspension of the individual's license.

(d)(d)(i) (i) If the division suspends an individual's license under this Subsection (6), the division shall, upon application, issue a temporary limited driver license to the individual if that individual needs a driver license for employment, education, or child visitation.

(iii)(iii)(A) (A) During the period beginning on the day on which a temporary limited driver license is issued under this Subsection (6), and ending on the day that the temporary limited driver license expires, the suspension described in this Subsection (6) only applies if the individual who is suspended operates a motor vehicle for a purpose other than employment, education, or child visitation.

- 24 - HB0136 compared with HB0136S05 (I) a suspension described in Subsection (6)(a) shall be in full effect until the division receives notice, under Subsection (6)(b), that the order of suspension- is22 rescinded;- Enrolled Copy H.B.

136 suspension is rescinded;

(7)(7)(a) (a) The division may suspend or revoke the license of any resident of this state upon receiving notice of the conviction of that individual in another state of an offense committed there that, if committed in this state, would be grounds for the suspension or revocation of a license.

(8)(8)(a) (a) The division may suspend or revoke the license of any nonresident to drive a motor vehicle in this state for any cause for which the license of a resident driver may be suspended or revoked.

(9)(9)(a) (a) The division may not deny or suspend the license of any individual for a period of more than one year except:

- 25 - HB0136 compared with HB0136S05 (b) The division may suspend the license of an individual under Subsection (2) until the individual- shows23 satisfactory- evidenceH.B. of compliance with the terms of the traffic citation.

(10)136 (a)Enrolled ByCopy following the procedures in Title 63G, Chapter 4, Administrative Procedures Act, the division may suspend the license of any individual withoutshows receivingsatisfactory aevidence record of thecompliance individual'swith conviction for a crime when the divisionterms hasof reason to believe that the individual'straffic licensecitation. was granted by the division through error or fraud or that the necessary consent for the license has been withdrawn or is terminated.

(10)(a) By following the procedures in Title 63G, Chapter 4, Administrative Procedures Act, the division may suspend the license of any individual without receiving a record of the individual's conviction for a crime when the division has reason to believe that the individual's license was granted by the division through error or fraud or that the necessary consent for the license has been withdrawn or is terminated.

(11)(11)(a) (a) The division, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed, may upon notice in a manner specified by the division of at least five days to the licensee require the licensee to submit to an examination.

(12)(12)(a) (a) Except as provided in Subsection (12)(b), a report authorized by Section 53-3-104 may not contain any evidence of a conviction for speeding on an interstate system in this state if the conviction was for a speed of 10 miles per hour or less, above the posted speed limit and did not result in an accident, unless authorized in a manner specified by the division by the individual whose report is being requested.

(13)(13)(a) (a) By following the procedures in Title 63G, Chapter 4, Administrative Procedures Act, the division may suspend the license of an individual if it has reason to believe that the individual is the owner of - 26 - HB0136 compared with HB0136S05 a motor vehicle for which security is required under Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and Operators Act, and has driven the motor vehicle or permitted it to be driven within this state without the security being in effect.

(b) The division may suspend a driving privilege card holder's driving privilege card if the- division24 receives- notificationEnrolled fromCopy theH.B. Motor Vehicle Division that:

136 the division receives notification from the Motor Vehicle Division that:

53-25-802.53-25-802 (Effective 05/06/26).

(2)(2)(a) (a) A software vendor that allows a law enforcement agency to file a citation electronically as described in Section 77-7-20 shall ensure that the software vendor's software is capable of submitting biometric data captured by a portable biometric device electronically to the court's electronic filing interface.

and - 27 - HB0136 compared with HB0136S05 (b) collects and stores data required by statute to be reported to the department.

63I-2-241.63I-2-241 (Effective 05/06/26).

[Reserved.]Subsection[Reserved.] Subsection 41-6a-1406(4)(d), regarding impound report requirements, is repealed- January25 1,- 2027.H.B.

136 Enrolled Copy repealed January 1, 2027.

Effective date.

{This(1) } Except as provided in Subsection (2), this bill takes effect {on } May 6, 2026.

2-27-26 8:43 AM - 2826 -