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House narrows port-of-entry agents’ authority to commercial-driver-license code, passes amendment

Utah House of Representatives · January 25, 1994
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Summary

Lawmakers amended HB24 to limit port-of-entry agents’ enforcement authority to the Uniform Commercial Driver's License (CDL) code rather than the broader criminal DUI code, and then passed HB24 as amended by a large margin.

Representative Bush moved to uncircle House Bill 24, which addresses port-of-entry agents’ authority. Representative Brown offered a pink-sheet amendment that replaces references to "DUI" with the term "chemical" and substitutes specific citation to Title 53, Chapter 3, Part 4—the Uniform Commercial Driver's License Act—so that port agents enforce CDL rules rather than the general criminal DUI provisions.

Brown explained the amendment followed research showing Utah uniquely authorized port agents in this way, and said the change codified the intended scope: agency authority limited to commercial-driver licensing and related alcohol/drug testing at ports of entry rather than general criminal enforcement powers. Floor discussion clarified that the CDL code allows removing a commercial vehicle from service for reasons including alcohol/drug testing, while criminal-code authority could have broader arrest or forfeiture implications.

The House adopted the Brown amendment and then passed House Bill 24 as amended; the clerk recorded 71 affirmative votes and no negatives. The bill will be sent to the Senate.