Section 43-4-902 - Local high-visibility alcohol and drug impaired driving enforcement - qualified program - report - rules(1) Any municipality, city and county, or county that establishes a qualified program to support high-visibility alcohol and drug impaired driving prevention enforcement and enforce the laws pertaining to alcohol- and drug-related traffic offenses is eligible to receive money pursuant to this part 9 for high-visibility alcohol and drug impaired driving prevention enforcement.(2)(a) The department of transportation shall allocate not less than thirty percent and not more than fifty percent of the money allocated to the office of transportation safety in the department of transportation pursuant to section 43-4-903 to counties that have established a qualified high-visibility alcohol and drug impaired driving prevention enforcement program.(b) The department of transportation shall allocate not less than fifty percent and not more than seventy percent of the money allocated to the office of transportation safety in the department of transportation pursuant to section 43-4-903 to municipalities and cities and counties that have established a qualified high-visibility alcohol and drug impaired driving prevention enforcement program.(3) The office of transportation safety in the department of transportation shall promulgate rules for the administration of this section. At a minimum, the rules must:(a) Establish the minimum requirements for a qualified program;(b) Establish the process for awarding and allocating money to counties, cities and counties, and municipalities pursuant to this section;(c) Permit qualified programs to use money awarded pursuant to this section to educate the public and inform communities about alcohol- and drug-related traffic offenses to support high-visibility alcohol and drug impaired driving enforcement episodes;(d) Require law enforcement agencies to submit to the office of transportation safety the written policies and procedures described in section 24-31-309 (6);(e) Require law enforcement agencies to certify to the office of transportation safety that the agencies have complied with the reporting requirements of section 24-31-903 (2);(f) Prohibit a law enforcement agency and a peace officer from requiring a peace officer to issue a specified number of citations to individuals stopped during a high-visibility alcohol and drug impaired driving enforcement episode during a specified period of time; and(g) Require a law enforcement agency and a peace officer to:(I) Satisfactorily complete annual in-service training required by section 24-31-315 for peace officers conducting high-visibility alcohol and drug impaired driving enforcement episodes;(II) For agencies conducting high-visibility alcohol and drug impaired driving enforcement episode checkpoints, implement a recognizable pattern by which vehicles are stopped during a high-visibility alcohol and drug impaired driving enforcement episode to prevent a bias-motivated stop; and(III) Locate a high-visibility alcohol and drug impaired driving enforcement episode in a general area where an expected concentration of alcohol and drug impaired driving crashes are likely to occur or originate.(4) No money may be allocated pursuant to this section to any law enforcement agency that is subject to a judicially ordered consent decree.(5) The office of transportation safety in the department of transportation, in collaboration with the department of public safety, shall create and publish an annual report with the following information:(a) The participating agencies conducting any high-visibility alcohol and drug impaired driving enforcement episodes;(b) The time, date, duration, and location of each high-visibility alcohol and drug impaired driving enforcement episode;(c) The perceived demographic information of each individual contacted who is asked to complete further investigation during each high-visibility alcohol and drug impaired driving enforcement episode, as required by section 24-31-309 (3.5)(a); and(d) The result of the contact with each individual who is asked to complete further investigation, including if an arrest was made and the offense noted in the warning or citation or for which an arrest was made, as required by section 24-31-309 (3.5)(g).(6) Any law enforcement agency that does not comply with, or that has engaged a peace officer who does not comply with the requirements of this section, or the rules, regulations, guidelines, or funding terms issued by the office of transportation safety in administering the high-visibility alcohol and drug impaired driving prevention enforcement program, or does not comply with other applicable law, is subject to suspension of its funding received pursuant to the high-visibility alcohol and drug impaired driving prevention enforcement program and may be required to return the money.(7) The attorney general may bring a civil action to enforce the provisions of this section.Added by 2023 Ch. 373,§ 3, eff. 6/5/2023.