H.B. 219
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7 LONG TITLE
8 General Description:
9 This bill provides uniform military discharge language for the purpose of qualifying for
10 certain benefits.
11 Highlighted Provisions:
12 This bill:
13 . amends the Utah Code to provide uniformity in the types of separations that govern
14 discharges from the military and in qualifying for certain benefits.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 17-28-7 , as last amended by Laws of Utah 1992, Chapter 115
22 53-3-104 , as last amended by Laws of Utah 2013, Chapter 411
23 53-3-205 , as last amended by Laws of Utah 2013, Chapters 214 and 259
24 53-3-207 , as last amended by Laws of Utah 2013, Chapter 278
25 53-3-407 , as last amended by Laws of Utah 2013, Chapter 411
26 53-3-804 , as last amended by Laws of Utah 2013, Chapter 214
27 53-3-805 , as last amended by Laws of Utah 2013, Chapters 214 and 300
28 53A-3-427 , as last amended by Laws of Utah 2013, Chapter 214
29 59-2-1104 , as last amended by Laws of Utah 2013, Chapter 214
30 71-8-1 , as last amended by Laws of Utah 2013, Chapters 214 and 308
31 71-10-1 , as last amended by Laws of Utah 2011, Chapter 366
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33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 17-28-7 is amended to read:
35 17-28-7. Examinations.
36 (1) A person may not be appointed to any civil service position as a firefighter in any
37 fire department subject to the provisions of this chapter until he has successfully passed an
38 examination and been certified as eligible for consideration by the County Fire Civil Service
39 executive director, except that any [
40 [
41 preferential employment consideration for entry into the County Fire Civil Service System.
42 (2) All examinations shall be public, competitive, and free and fairly test the ability of
43 persons to discharge the duties of the position.
44 Section 2. Section 53-3-104 is amended to read:
45 53-3-104. Division duties.
46 The division shall:
47 (1) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
48 make rules:
49 (a) for examining applicants for a license, as necessary for the safety and welfare of the
50 traveling public;
51 (b) for acceptable documentation of an applicant's identity, Social Security number,
52 Utah resident status, Utah residence address, proof of legal presence, proof of citizenship in the
53 United States, honorable or general discharge from the United States military, and other proof
54 or documentation required under this chapter;
55 (c) regarding the restrictions to be imposed on a person driving a motor vehicle with a
56 temporary learner permit or learner permit;
57 (d) for exemptions from licensing requirements as authorized in this chapter; and
58 (e) establishing procedures for the storage and maintenance of applicant information
59 provided in accordance with Section 53-3-205 , 53-3-410 , or 53-3-804 ;
60 (2) examine each applicant according to the class of license applied for;
61 (3) license motor vehicle drivers;
62 (4) file every application for a license received by it and shall maintain indices
63 containing:
64 (a) all applications denied and the reason each was denied;
65 (b) all applications granted; and
66 (c) the name of every licensee whose license has been suspended, disqualified, or
67 revoked by the division and the reasons for the action;
68 (5) suspend, revoke, disqualify, cancel, or deny any license issued in accordance with
69 this chapter;
70 (6) file all accident reports and abstracts of court records of convictions received by it
71 under state law;
72 (7) maintain a record of each licensee showing the licensee's convictions and the traffic
73 accidents in which the licensee has been involved where a conviction has resulted;
74 (8) consider the record of a licensee upon an application for renewal of a license and at
75 other appropriate times;
76 (9) search the license files, compile, and furnish a report on the driving record of any
77 person licensed in the state in accordance with Section 53-3-109 ;
78 (10) develop and implement a record system as required by Section 41-6a-604 ;
79 (11) in accordance with Section 53A-13-208 , establish:
80 (a) procedures and standards to certify teachers of driver education classes to
81 administer knowledge and skills tests;
82 (b) minimal standards for the tests; and
83 (c) procedures to enable school districts to administer or process any tests for students
84 to receive a class D operator's license;
85 (12) in accordance with Section 53-3-510 , establish:
86 (a) procedures and standards to certify licensed instructors of commercial driver
87 training school courses to administer the skills test;
88 (b) minimal standards for the test; and
89 (c) procedures to enable licensed commercial driver training schools to administer or
90 process skills tests for students to receive a class D operator's license;
91 (13) provide administrative support to the Driver License Medical Advisory Board
92 created in Section 53-3-303 ;
93 (14) upon request by the lieutenant governor, provide the lieutenant governor with a
94 digital copy of the driver license or identification card signature of a person who is an applicant
95 for voter registration under Section 20A-2-206 ; and
96 (15) in accordance with Section 53-3-407.1 , establish:
97 (a) procedures and standards to license a commercial driver license third party tester or
98 commercial driver license third party examiner to administer the commercial driver license
99 skills tests;
100 (b) minimum standards for the commercial driver license skills test; and
101 (c) procedures to enable a licensed commercial driver license third party tester or
102 commercial driver license third party examiner to administer a commercial driver license skills
103 test for an applicant to receive a commercial driver license.
104 Section 3. Section 53-3-205 is amended to read:
105 53-3-205. Application for license or endorsement -- Fee required -- Tests --
106 Expiration dates of licenses and endorsements -- Information required -- Previous
107 licenses surrendered -- Driving record transferred from other states -- Reinstatement --
108 Fee required -- License agreement.
109 (1) An application for any original license, provisional license, or endorsement shall
110 be:
111 (a) made upon a form furnished by the division; and
112 (b) accompanied by a nonrefundable fee set under Section 53-3-105 .
113 (2) An application and fee for an original provisional class D license or an original
114 class D license entitle the applicant to:
115 (a) not more than three attempts to pass both the knowledge and the skills tests for a
116 class D license within six months of the date of the application;
117 (b) a learner permit if needed pending completion of the application and testing
118 process; and
119 (c) an original class D license and license certificate after all tests are passed and
120 requirements are completed.
121 (3) An application and fee for a motorcycle or taxicab endorsement entitle the
122 applicant to:
123 (a) not more than three attempts to pass both the knowledge and skills tests within six
124 months of the date of the application;
125 (b) a motorcycle learner permit after the motorcycle knowledge test is passed; and
126 (c) a motorcycle or taxicab endorsement when all tests are passed.
127 (4) An application and fees for a commercial class A, B, or C license entitle the
128 applicant to:
129 (a) not more than two attempts to pass a knowledge test and not more than two
130 attempts to pass a skills test within six months of the date of the application;
131 (b) a commercial driver instruction permit if needed after the knowledge test is passed;
132 and
133 (c) an original commercial class A, B, or C license and license certificate when all
134 applicable tests are passed.
135 (5) An application and fee for a CDL endorsement entitle the applicant to:
136 (a) not more than two attempts to pass a knowledge test and not more than two
137 attempts to pass a skills test within six months of the date of the application; and
138 (b) a CDL endorsement when all tests are passed.
139 (6) If a CDL applicant does not pass a knowledge test, skills test, or an endorsement
140 test within the number of attempts provided in Subsection (4) or (5), each test may be taken
141 two additional times within the six months for the fee provided in Section 53-3-105 .
142 (7) (a) Except as provided under Subsections (7)(f), (g), and (h), an original license
143 expires on the birth date of the applicant in the fifth year following the year the license
144 certificate was issued.
145 (b) Except as provided under Subsections (7)(f), (g), and (h), a renewal or an extension
146 to a license expires on the birth date of the licensee in the fifth year following the expiration
147 date of the license certificate renewed or extended.
148 (c) Except as provided under Subsections (7)(f) and (g), a duplicate license expires on
149 the same date as the last license certificate issued.
150 (d) An endorsement to a license expires on the same date as the license certificate
151 regardless of the date the endorsement was granted.
152 (e) (i) A regular license certificate and any endorsement to the regular license
153 certificate held by a person described in Subsection (7)(e)(ii), which expires during the time
154 period the person is stationed outside of the state, is valid until 90 days after the person's orders
155 have been terminated, the person has been discharged, or the person's assignment has been
156 changed or terminated, unless:
157 (A) the license is suspended, disqualified, denied, or has been cancelled or revoked by
158 the division; or
159 (B) the licensee updates the information or photograph on the license certificate.
160 (ii) The provisions in Subsection (7)(e)(i) apply to a person:
161 (A) ordered to active duty and stationed outside of Utah in any of the armed forces of
162 the United States;
163 (B) who is an immediate family member or dependent of a person described in
164 Subsection (7)(e)(ii)(A) and is residing outside of Utah;
165 (C) who is a civilian employee of the United States State Department or United States
166 Department of Defense and is stationed outside of the United States; or
167 (D) who is an immediate family member or dependent of a person described in
168 Subsection (7)(e)(ii)(C) and is residing outside of the United States.
169 (f) (i) Except as provided in Subsection (7)(f)(ii), a limited-term license certificate or a
170 renewal to a limited-term license certificate expires:
171 (A) on the expiration date of the period of time of the individual's authorized stay in
172 the United States or on the date provided under this Subsection (7), whichever is sooner; or
173 (B) on the date of issuance in the first year following the year that the limited-term
174 license certificate was issued if there is no definite end to the individual's period of authorized
175 stay.
176 (ii) A limited-term license certificate or a renewal to a limited-term license certificate
177 issued to an approved asylee or a refugee expires on the birth date of the applicant in the fourth
178 year following the year that the limited-term license certificate was issued.
179 (g) A driving privilege card issued or renewed under Section 53-3-207 expires on the
180 birth date of the applicant in the first year following the year that the driving privilege card was
181 issued or renewed.
182 (h) An original license or a renewal to an original license expires on the birth date of
183 the applicant in the first year following the year that the license was issued if the applicant is
184 required to register as a sex offender in accordance with Title 77, Chapter 41, Sex and Kidnap
185 Offender Registry.
186 (8) (a) In addition to the information required by Title 63G, Chapter 4, Administrative
187 Procedures Act, for requests for agency action, each applicant shall:
188 (i) provide:
189 (A) the applicant's full legal name;
190 (B) the applicant's birth date;
191 (C) the applicant's gender;
192 (D) (I) documentary evidence of the applicant's valid Social Security number;
193 (II) written proof that the applicant is ineligible to receive a Social Security number;
194 (III) the applicant's temporary identification number (ITIN) issued by the Internal
195 Revenue Service for a person who:
196 (Aa) does not qualify for a Social Security number; and
197 (Bb) is applying for a driving privilege card; or
198 (IV) other documentary evidence approved by the division;
199 (E) the applicant's Utah residence address as documented by a form or forms
200 acceptable under rules made by the division under Section 53-3-104 , unless the application is
201 for a temporary CDL issued under Subsection 53-3-407 (2)(b); and
202 (F) fingerprints and a photograph in accordance with Section 53-3-205.5 if the person is
203 applying for a driving privilege card;
204 (ii) provide evidence of the applicant's lawful presence in the United States by
205 providing documentary evidence:
206 (A) that a person is:
207 (I) a United States citizen;
208 (II) a United States national; or
209 (III) a legal permanent resident alien; or
210 (B) of the applicant's:
211 (I) unexpired immigrant or nonimmigrant visa status for admission into the United
212 States;
213 (II) pending or approved application for asylum in the United States;
214 (III) admission into the United States as a refugee;
215 (IV) pending or approved application for temporary protected status in the United
216 States;
217 (V) approved deferred action status;
218 (VI) pending application for adjustment of status to legal permanent resident or
219 conditional resident; or
220 (VII) conditional permanent resident alien status;
221 (iii) provide a description of the applicant;
222 (iv) state whether the applicant has previously been licensed to drive a motor vehicle
223 and, if so, when and by what state or country;
224 (v) state whether the applicant has ever had any license suspended, cancelled, revoked,
225 disqualified, or denied in the last 10 years, or whether the applicant has ever had any license
226 application refused, and if so, the date of and reason for the suspension, cancellation,
227 revocation, disqualification, denial, or refusal;
228 (vi) state whether the applicant intends to make an anatomical gift under Title 26,
229 Chapter 28, Revised Uniform Anatomical Gift Act, in compliance with Subsection (15);
230 (vii) state whether the applicant is required to register as a sex offender in accordance
231 with Title 77, Chapter 41, Sex and Kidnap Offender Registry;
232 (viii) state whether the applicant is a veteran of the United States military, provide
233 verification that the applicant was [
234 discharge from the United States [
235 or does not authorize sharing the information with the state Department of Veterans' and
236 Military Affairs;
237 (ix) provide all other information the division requires; and
238 (x) sign the application which signature may include an electronic signature as defined
239 in Section 46-4-102 .
240 (b) Each applicant shall have a Utah residence address, unless the application is for a
241 temporary CDL issued under Subsection 53-3-407 (2)(b).
242 (c) Each applicant shall provide evidence of lawful presence in the United States in
243 accordance with Subsection (8)(a)(ii), unless the application is for a driving privilege card.
244 (d) The division shall maintain on its computerized records an applicant's:
245 (i) (A) Social Security number;
246 (B) temporary identification number (ITIN); or
247 (C) other number assigned by the division if Subsection (8)(a)(i)(D)(IV) applies; and
248 (ii) indication whether the applicant is required to register as a sex offender in
249 accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry.
250 (9) The division shall require proof of every applicant's name, birthdate, and birthplace
251 by at least one of the following means:
252 (a) current license certificate;
253 (b) birth certificate;
254 (c) Selective Service registration; or
255 (d) other proof, including church records, family Bible notations, school records, or
256 other evidence considered acceptable by the division.
257 (10) (a) Except as provided in Subsection (10)(c), if an applicant receives a license in a
258 higher class than what the applicant originally was issued:
259 (i) the license application shall be treated as an original application; and
260 (ii) license and endorsement fees shall be assessed under Section 53-3-105 .
261 (b) An applicant that receives a downgraded license in a lower license class during an
262 existing license cycle that has not expired:
263 (i) may be issued a duplicate license with a lower license classification for the
264 remainder of the existing license cycle; and
265 (ii) shall be assessed a duplicate license fee under Subsection 53-3-105 (22) if a
266 duplicate license is issued under Subsection (10)(b)(i).
267 (c) An applicant who has received a downgraded license in a lower license class under
268 Subsection (10)(b):
269 (i) may, when eligible, receive a duplicate license in the highest class previously issued
270 during a license cycle that has not expired for the remainder of the existing license cycle; and
271 (ii) shall be assessed a duplicate license fee under Subsection 53-3-105 (22) if a
272 duplicate license is issued under Subsection (10)(c)(i).
273 (11) (a) When an application is received from a person previously licensed in another
274 state to drive a motor vehicle, the division shall request a copy of the driver's record from the
275 other state.
276 (b) When received, the driver's record becomes part of the driver's record in this state
277 with the same effect as though entered originally on the driver's record in this state.
278 (12) An application for reinstatement of a license after the suspension, cancellation,
279 disqualification, denial, or revocation of a previous license shall be accompanied by the
280 additional fee or fees specified in Section 53-3-105 .
281 (13) A person who has an appointment with the division for testing and fails to keep
282 the appointment or to cancel at least 48 hours in advance of the appointment shall pay the fee
283 under Section 53-3-105 .
284 (14) A person who applies for an original license or renewal of a license agrees that the
285 person's license is subject to any suspension or revocation authorized under this title or Title
286 41, Motor Vehicles.
287 (15) (a) The indication of intent under Subsection (8)(a)(vi) shall be authenticated by
288 the licensee in accordance with division rule.
289 (b) (i) Notwithstanding Title 63G, Chapter 2, Government Records Access and
290 Management Act, the division may, upon request, release to an organ procurement
291 organization, as defined in Section 26-28-102 , the names and addresses of all persons who
292 under Subsection (8)(a)(vi) indicate that they intend to make an anatomical gift.
293 (ii) An organ procurement organization may use released information only to:
294 (A) obtain additional information for an anatomical gift registry; and
295 (B) inform licensees of anatomical gift options, procedures, and benefits.
296 (16) Notwithstanding Title 63G, Chapter 2, Government Records Access and
297 Management Act, the division may release to the Department of Veterans' and Military Affairs
298 the names and addresses of all persons who indicate their status as a veteran under Subsection
299 (8)(a)(viii).
300 (17) The division and its employees are not liable, as a result of false or inaccurate
301 information provided under Subsection (8)(a)(vi) or (viii), for direct or indirect:
302 (a) loss;
303 (b) detriment; or
304 (c) injury.
305 (18) A person who knowingly fails to provide the information required under
306 Subsection (8)(a)(vii) is guilty of a class A misdemeanor.
307 (19) (a) Until December 1, 2014, a person born on or after December 1, 1964, may
308 hold both an unexpired Utah license certificate and an unexpired Utah identification card.
309 (b) On or after December 1, 2014, a person born on or after December 1, 1964:
310 (i) may not hold both an unexpired Utah license certificate and an unexpired
311 identification card; and
312 (ii) if the person has both an unexpired Utah license certificate and an unexpired Utah
313 identification card in the person's possession, shall be required to surrender either the unexpired
314 Utah license certificate or the unexpired Utah identification card.
315 (c) If a person has not surrendered either the Utah license certificate or the Utah
316 identification card as required under this Subsection (19), the division shall cancel the Utah
317 identification card on December 1, 2014.
318 (20) (a) Until December 1, 2017, a person born prior to December 1, 1964, may hold
319 both an unexpired Utah license certificate and an unexpired Utah identification card.
320 (b) On or after December 1, 2017, a person born prior to December 1, 1964:
321 (i) may not hold both an unexpired Utah license certificate and an unexpired
322 identification card; and
323 (ii) if the person has both an unexpired Utah license certificate and an unexpired Utah
324 identification card in the person's possession, shall be required to surrender either the unexpired
325 Utah license certificate or the unexpired Utah identification card.
326 (c) If a person has not surrendered either the Utah license certificate or the Utah
327 identification card as required under this Subsection (20), the division shall cancel the Utah
328 identification card on December 1, 2017.
329 (21) (a) A person who applies for an original motorcycle endorsement to a regular
330 license certificate is exempt from the requirement to pass the knowledge and skills test to be
331 eligible for the motorcycle endorsement if the person:
332 (i) is a resident of the state of Utah;
333 (ii) (A) is ordered to active duty and stationed outside of Utah in any of the armed
334 forces of the United States; or
335 (B) is an immediate family member or dependent of a person described in Subsection
336 (21)(a)(ii)(A) and is residing outside of Utah;
337 (iii) has a digitized driver license photo on file with the division;
338 (iv) provides proof to the division of the successful completion of a certified
339 Motorcycle Safety Foundation rider training course; and
340 (v) provides the necessary information and documentary evidence required under
341 Subsection (8).
342 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
343 division shall make rules:
344 (i) establishing the procedures for a person to obtain a motorcycle endorsement under
345 this Subsection (21); and
346 (ii) identifying the applicable restrictions for a motorcycle endorsement issued under
347 this Subsection (21).
348 Section 4. Section 53-3-207 is amended to read:
349 53-3-207. License certificates or driving privilege cards issued to drivers by class
350 of motor vehicle -- Contents -- Release of anatomical gift information -- Temporary
351 licenses or driving privilege cards -- Minors' licenses, cards, and permits -- Violation.
352 (1) As used in this section:
353 (a) "driving privilege" means the privilege granted under this chapter to drive a motor
354 vehicle;
355 (b) "governmental entity" means the state and its political subdivisions as defined in
356 this Subsection (1);
357 (c) "political subdivision" means any county, city, town, school district, public transit
358 district, community development and renewal agency, special improvement or taxing district,
359 local district, special service district, an entity created by an interlocal agreement adopted under
360 Title 11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public
361 corporation; and
362 (d) "state" means this state, and includes any office, department, agency, authority,
363 commission, board, institution, hospital, college, university, children's justice center, or other
364 instrumentality of the state.
365 (2) (a) The division shall issue to every person privileged to drive a motor vehicle, a
366 regular license certificate, a limited-term license certificate, or a driving privilege card
367 indicating the type or class of motor vehicle the person may drive.
368 (b) A person may not drive a class of motor vehicle unless granted the privilege in that
369 class.
370 (3) (a) Every regular license certificate, limited-term license certificate, or driving
371 privilege card shall bear:
372 (i) the distinguishing number assigned to the person by the division;
373 (ii) the name, birth date, and Utah residence address of the person;
374 (iii) a brief description of the person for the purpose of identification;
375 (iv) any restrictions imposed on the license under Section 53-3-208 ;
376 (v) a photograph of the person;
377 (vi) a photograph or other facsimile of the person's signature;
378 (vii) an indication whether the person intends to make an anatomical gift under Title
379 26, Chapter 28, Revised Uniform Anatomical Gift Act, unless the driving privilege is extended
380 under Subsection 53-3-214 (3); and
381 (viii) except as provided in Subsection (3)(b), if the person states that the person is a
382 veteran of the United States military on the application for a driver license in accordance with
383 Section 53-3-205 and provides verification that the person was [
384 an honorable or general discharge from the United States [
385 indication that the person is a United States military veteran for a regular license certificate or
386 limited-term license certificate issued on or after July 1, 2011.
387 (b) A regular license certificate or limited-term license certificate issued to any person
388 younger than 21 years on a portrait-style format as required in Subsection (5)(b)(i) is not
389 required to include an indication that the person is a United States military veteran under
390 Subsection (3)(a)(viii).
391 (c) A new license certificate issued by the division may not bear the person's Social
392 Security number.
393 (d) (i) The regular license certificate, limited-term license certificate, or driving
394 privilege card shall be of an impervious material, resistant to wear, damage, and alteration.
395 (ii) Except as provided under Subsection (4)(b), the size, form, and color of the regular
396 license certificate, limited-term license certificate, or driving privilege card shall be as
397 prescribed by the commissioner.
398 (iii) The commissioner may also prescribe the issuance of a special type of limited
399 regular license certificate, limited-term license certificate, or driving privilege card under
400 Subsection 53-3-220 (4).
401 (4) (a) (i) The division, upon determining after an examination that an applicant is
402 mentally and physically qualified to be granted a driving privilege, may issue to an applicant a
403 receipt for the fee if the applicant is eligible for a regular license certificate or limited-term
404 license certificate.
405 (ii) (A) The division shall issue a temporary regular license certificate or temporary
406 limited-term license certificate allowing the person to drive a motor vehicle while the division
407 is completing its investigation to determine whether the person is entitled to be granted a
408 driving privilege.
409 (B) A temporary regular license certificate or a temporary limited-term license
410 certificate issued under this Subsection (4) shall be recognized and have the same rights and
411 privileges as a regular license certificate or a limited-term license certificate.
412 (b) The temporary regular license certificate or temporary limited-term license
413 certificate shall be in the person's immediate possession while driving a motor vehicle, and it is
414 invalid when the person's regular license certificate or limited-term license certificate has been
415 issued or when, for good cause, the privilege has been refused.
416 (c) The division shall indicate on the temporary regular license certificate or temporary
417 limited-term license certificate a date after which it is not valid as a temporary license.
418 (d) (i) Except as provided in Subsection (4)(d)(ii), the division may not issue a
419 temporary driving privilege card or other temporary permit to an applicant for a driving
420 privilege card.
421 (ii) The division may issue a learner permit issued in accordance with Section
422 53-3-210.5 to an applicant for a driving privilege card.
423 (5) (a) The division shall distinguish learner permits, temporary permits, regular
424 license certificates, limited-term license certificates, and driving privilege cards issued to any
425 person younger than 21 years of age by use of plainly printed information or the use of a color
426 or other means not used for other regular license certificates, limited-term license certificates,
427 or driving privilege cards.
428 (b) The division shall distinguish a regular license certificate, limited-term license
429 certificate, or driving privilege card issued to any person:
430 (i) younger than 21 years of age by use of a portrait-style format not used for other
431 regular license certificates, limited-term license certificates, or driving privilege cards and by
432 plainly printing the date the regular license certificate, limited-term license certificate, or
433 driving privilege card holder is 21 years of age, which is the legal age for purchasing an
434 alcoholic beverage or alcoholic product under Section 32B-4-403 ; and
435 (ii) younger than 19 years of age, by plainly printing the date the regular license
436 certificate, limited-term license certificate, or driving privilege card holder is 19 years of age,
437 which is the legal age for purchasing tobacco products under Section 76-10-104 .
438 (6) The division shall distinguish a limited-term license certificate by clearly indicating
439 on the document:
440 (a) that it is temporary; and
441 (b) its expiration date.
442 (7) (a) The division shall only issue a driving privilege card to a person whose privilege
443 was obtained without providing evidence of lawful presence in the United States as required
444 under Subsection 53-3-205 (8).
445 (b) The division shall distinguish a driving privilege card from a license certificate by:
446 (i) use of a format, color, font, or other means; and
447 (ii) clearly displaying on the front of the driving privilege card a phrase substantially
448 similar to "FOR DRIVING PRIVILEGES ONLY -- NOT VALID FOR IDENTIFICATION".
449 (8) The provisions of Subsection (5)(b) do not apply to a learner permit, temporary
450 permit, temporary regular license certificate, temporary limited-term license certificate, or any
451 other temporary permit.
452 (9) The division shall issue temporary license certificates of the same nature, except as
453 to duration, as the license certificates that they temporarily replace, as are necessary to
454 implement applicable provisions of this section and Section 53-3-223 .
455 (10) (a) A governmental entity may not accept a driving privilege card as proof of
456 personal identification.
457 (b) A driving privilege card may not be used as a document providing proof of a
458 person's age for any government required purpose.
459 (11) A person who violates Subsection (2)(b) is guilty of a class C misdemeanor.
460 (12) Unless otherwise provided, the provisions, requirements, classes, endorsements,
461 fees, restrictions, and sanctions under this code apply to a:
462 (a) driving privilege in the same way as a license or limited-term license issued under
463 this chapter; and
464 (b) limited-term license certificate or driving privilege card in the same way as a
465 regular license certificate issued under this chapter.
466 Section 5. Section 53-3-407 is amended to read:
467 53-3-407. Qualifications for commercial driver license -- Fee -- Third parties may
468 administer skills test.
469 (1) (a) As used in this section, "CDL driver training school" means a business
470 enterprise conducted by an individual, association, partnership, or corporation that:
471 (i) educates and trains persons, either practically or theoretically, or both, to drive
472 commercial motor vehicles; and
473 (ii) prepares an applicant for an examination under Subsection (2)(a)(ii) or (2)(b)(i)(B).
474 (b) A CDL driver training school may charge a consideration or tuition for the services
475 provided under Subsection (1)(a).
476 (2) (a) Except as provided in Subsection (2)(b) and (c), a CDL may be issued only to a
477 person who:
478 (i) is a resident of this state;
479 (ii) has passed a test of knowledge and skills for driving a commercial motor vehicle,
480 that complies with minimum standards established by federal regulation in 49 C.F.R. Part 383,
481 Subparts G and H; and
482 (iii) has complied with all requirements of 49 C.F.R. Part 383 and other applicable
483 state laws and federal regulations.
484 (b) (i) A temporary CDL may be issued to a person who:
485 (A) is enrolled in a CDL driver training school located in Utah;
486 (B) has passed a test of knowledge and skills for driving a commercial motor vehicle,
487 that complies with minimum standards established by federal regulation in 49 C.F.R. Part 383,
488 Subparts G and H; and
489 (C) has complied with all requirements of 49 C.F.R. Part 383, Subparts G and H.
490 (ii) A temporary CDL issued under this Subsection (2)(b):
491 (A) is valid for 60 days; and
492 (B) may not be renewed or extended.
493 (iii) Except as provided in this section and Subsections 53-3-204 (1)(a)(v),
494 53-3-205 (8)(a)(i)(E) and (8)(b), and 53-3-410 (1)(c), the provisions, requirements, classes,
495 endorsements, fees, restrictions, and sanctions under this code apply to a temporary CDL
496 issued under this Subsection (2)(b) in the same way as a commercial driver license issued
497 under this part.
498 (c) The department shall waive the skills test specified in this section for a commercial
499 driver license applicant who, subject to the limitations and requirements of 49 C.F.R. Sec.
500 383.77, meets all certifications required for a waiver under 49 C.F.R. Sec. 383.77 and certifies
501 that the applicant:
502 (i) is a member of the active or reserve components of any branch or unit of the armed
503 forces or a veteran who received an honorable or general discharge from any branch or unit of
504 the active or reserve components of the United States Armed Forces;
505 (ii) is or was regularly employed in a position in the armed forces requiring operation
506 of a commercial motor vehicle; and
507 (iii) has legally operated, while on active duty for at least two years immediately
508 preceding application for a commercial driver license, a vehicle representative of the
509 commercial motor vehicle the driver applicant operates or expects to operate.
510 (d) An applicant who requests a waiver under Subsection (2)(c) shall present a
511 completed application for a military skills test waiver at the time of the request.
512 (3) Tests required under this section shall be prescribed and administered by the
513 division.
514 (4) The division shall authorize a person, an agency of this state, an employer, a private
515 driver training facility or other private institution, or a department, agency, or entity of local
516 government to administer the skills test required under this section if:
517 (a) the test is the same test as prescribed by the division, and is administered in the
518 same manner; and
519 (b) the party authorized under this section to administer the test has entered into an
520 agreement with the state that complies with the requirements of 49 C.F.R. Sec. 383.75.
521 (5) A person who has an appointment with the division for testing and fails to keep the
522 appointment or to cancel at least 48 hours in advance of the appointment shall pay the fee
523 under Section 53-3-105 .
524 (6) A person authorized under this section to administer the skills test is not criminally
525 or civilly liable for the administration of the test unless he administers the test in a grossly
526 negligent manner.
527 (7) The division may waive the skills test required under this section if it determines
528 that the applicant meets the requirements of 49 C.F.R. Sec. 383.77.
529 Section 6. Section 53-3-804 is amended to read:
530 53-3-804. Application for identification card -- Required information -- Release
531 of anatomical gift information -- Cancellation of identification card.
532 (1) To apply for an identification card or limited-term identification card, the applicant
533 shall:
534 (a) be a Utah resident;
535 (b) have a Utah residence address; and
536 (c) appear in person at any license examining station.
537 (2) The applicant shall provide the following information to the division:
538 (a) true and full legal name and Utah residence address;
539 (b) date of birth as set forth in a certified copy of the applicant's birth certificate, or
540 other satisfactory evidence of birth, which shall be attached to the application;
541 (c) (i) Social Security number; or
542 (ii) written proof that the applicant is ineligible to receive a Social Security number;
543 (d) place of birth;
544 (e) height and weight;
545 (f) color of eyes and hair;
546 (g) signature;
547 (h) photograph;
548 (i) evidence of the applicant's lawful presence in the United States by providing
549 documentary evidence:
550 (i) that a person is:
551 (A) a United States citizen;
552 (B) a United States national; or
553 (C) a legal permanent resident alien; or
554 (ii) of the applicant's:
555 (A) unexpired immigrant or nonimmigrant visa status for admission into the United
556 States;
557 (B) pending or approved application for asylum in the United States;
558 (C) admission into the United States as a refugee;
559 (D) pending or approved application for temporary protected status in the United
560 States;
561 (E) approved deferred action status;
562 (F) pending application for adjustment of status to legal permanent resident or
563 conditional resident; or
564 (G) conditional permanent resident alien status;
565 (j) an indication whether the applicant intends to make an anatomical gift under Title
566 26, Chapter 28, Revised Uniform Anatomical Gift Act;
567 (k) an indication whether the applicant is required to register as a sex offender in
568 accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry; and
569 (l) an indication whether the applicant is a veteran of the United States [
570 Armed Forces, verification that the applicant has [
571 honorable or general discharge from the United States [
572 indication whether the applicant does or does not authorize sharing the information with the
573 state Department of Veterans' and Military Affairs.
574 (3) The requirements of Section 53-3-234 apply to this section for each person, age 16
575 and older, applying for an identification card. Refusal to consent to the release of information
576 shall result in the denial of the identification card.
577 (4) A person who knowingly fails to provide the information required under Subsection
578 (2)(k) is guilty of a class A misdemeanor.
579 (5) (a) Until December 1, 2014, a person born on or after December 1, 1964, may hold
580 both an unexpired Utah license certificate and an unexpired Utah identification card.
581 (b) On or after December 1, 2014, a person born on or after December 1, 1964:
582 (i) may not hold both an unexpired Utah license certificate and an unexpired
583 identification card; and
584 (ii) if the person has both an unexpired Utah license certificate and an unexpired Utah
585 identification card in the person's possession, shall be required to surrender either the unexpired
586 Utah license certificate or the unexpired Utah identification card.
587 (c) If a person has not surrendered either the Utah license certificate or the Utah
588 identification card as required under this Subsection (5), the division shall cancel the Utah
589 identification card on December 1, 2014.
590 (6) (a) Until December 1, 2017, a person born prior to December 1, 1964, may hold
591 both an unexpired Utah license certificate and an unexpired Utah identification card.
592 (b) On or after December 1, 2017, a person born prior to December 1, 1964:
593 (i) may not hold both an unexpired Utah license certificate and an unexpired
594 identification card; and
595 (ii) if the person has both an unexpired Utah license certificate and an unexpired Utah
596 identification card in the person's possession, shall be required to surrender either the unexpired
597 Utah license certificate or the unexpired Utah identification card.
598 (c) If a person has not surrendered either the Utah license certificate or the Utah
599 identification card as required under this Subsection (6), the division shall cancel the Utah
600 identification card on December 1, 2017.
601 Section 7. Section 53-3-805 is amended to read:
602 53-3-805. Identification card -- Contents -- Specifications.
603 (1) (a) The division shall issue an identification card that bears:
604 (i) the distinguishing number assigned to the person by the division;
605 (ii) the name, birth date, and Utah residence address of the person;
606 (iii) a brief description of the person for the purpose of identification;
607 (iv) a photograph of the person;
608 (v) a photograph or other facsimile of the person's signature;
609 (vi) an indication whether the person intends to make an anatomical gift under Title 26,
610 Chapter 28, Revised Uniform Anatomical Gift Act; and
611 (vii) if the person states that the person is a veteran of the United States military on the
612 application for an identification card in accordance with Section 53-3-804 and provides
613 verification that the person [
614 discharge from the United States [
615 United States military veteran for a regular identification card or a limited-term identification
616 card issued on or after July 1, 2011.
617 (b) An identification card issued by the division may not bear the person's Social
618 Security number or place of birth.
619 (2) (a) The card shall be of an impervious material, resistant to wear, damage, and
620 alteration.
621 (b) Except as provided under Section 53-3-806 , the size, form, and color of the card is
622 prescribed by the commissioner.
623 (3) At the applicant's request, the card may include a statement that the applicant has a
624 special medical problem or allergies to certain drugs, for the purpose of medical treatment.
625 (4) (a) The indication of intent under Subsection 53-3-804 (2)(j) shall be authenticated
626 by the applicant in accordance with division rule.
627 (b) (i) Notwithstanding Title 63G, Chapter 2, Government Records Access and
628 Management Act, the division may, upon request, release to an organ procurement
629 organization, as defined in Section 26-28-102 , the names and addresses of all persons who
630 under Subsection 53-3-804 (2)(j) indicate that they intend to make an anatomical gift.
631 (ii) An organ procurement organization may use released information only to:
632 (A) obtain additional information for an anatomical gift registry; and
633 (B) inform applicants of anatomical gift options, procedures, and benefits.
634 (5) Notwithstanding Title 63G, Chapter 2, Government Records Access and
635 Management Act, the division may release to the Department of Veterans' and Military Affairs
636 the names and addresses of all persons who indicate their status as a veteran under Subsection
637 53-3-804 (2)(l).
638 (6) The division and its employees are not liable, as a result of false or inaccurate
639 information provided under Subsection 53-3-804 (2)(j) or (l), for direct or indirect:
640 (a) loss;
641 (b) detriment; or
642 (c) injury.
643 (7) (a) The division may issue a temporary regular identification card to a person while
644 the person obtains the required documentation to establish verification of the information
645 described in Subsections 53-3-804 (2)(a), (b), (c), (d), and (i)(i).
646 (b) A temporary regular identification card issued under this Subsection (7) shall be
647 recognized and grant the person the same privileges as a regular identification card.
648 (c) A temporary regular identification card issued under this Subsection (7) is invalid:
649 (i) when the person's regular identification card has been issued;
650 (ii) when, for good cause, an applicant's application for an identification card has been
651 refused; or
652 (iii) upon expiration of the temporary regular identification card.
653 Section 8. Section 53A-3-427 is amended to read:
654 53A-3-427. Honorary high school diploma for certain veterans.
655 (1) A board of education of a school district may award an honorary high school
656 diploma to a veteran, if the veteran:
657 (a) left high school before graduating in order to serve in the armed forces of the
658 United States;
659 (b) served in the armed forces of the United States during the period of World War II,
660 the Korean War, or the Vietnam War;
661 (c) (i) [
662 United States Armed Forces; or
663 (ii) was released from active duty because of a service-related disability; and
664 (d) (i) resides within the school district; or
665 (ii) resided within the school district at the time of leaving high school to serve in the
666 armed forces of the United States.
667 (2) To receive an honorary high school diploma, a veteran or immediate family
668 member or guardian of a veteran shall submit to a local school board:
669 (a) a request for an honorary high school diploma; and
670 (b) information required by the local school board to verify the veteran's eligibility for
671 an honorary high school diploma under Subsection (1).
672 (3) At the request of a veteran, a veteran's immediate family member or guardian, or a
673 local school board, the Department of Veterans' and Military Affairs shall certify whether the
674 veteran meets the requirements of Subsections (1)(b) and (c).
675 Section 9. Section 59-2-1104 is amended to read:
676 59-2-1104. Definitions -- Armed Forces exemption -- Amount of Armed Forces
677 exemption.
678 (1) As used in this section and Section 59-2-1105 :
679 (a) "Active component of the United States Armed Forces" is as defined in Section
680 59-10-1027 .
681 (b) "Adjusted taxable value limit" means:
682 (i) for the year 2005, $200,000; and
683 (ii) for each year after 2005, the amount of the adjusted taxable value limit for the
684 previous year, plus an amount calculated by multiplying the amount of the adjusted taxable
685 value limit for the previous year by the actual percent change in the Consumer Price Index
686 during the previous calendar year.
687 (c) "Claimant" means:
688 (i) a veteran with a disability who files an application under Section 59-2-1105 for a
689 veteran's exemption;
690 (ii) the unmarried surviving spouse:
691 (A) of a:
692 (I) deceased veteran with a disability; or
693 (II) veteran who was killed in action or died in the line of duty; and
694 (B) who files an application under Section 59-2-1105 for a veteran's exemption;
695 (iii) a minor orphan:
696 (A) of a:
697 (I) deceased veteran with a disability; or
698 (II) veteran who was killed in action or died in the line of duty; and
699 (B) who files an application under Section 59-2-1105 for a veteran's exemption; or
700 (iv) a member of an active component of the United States Armed Forces or a reserve
701 component of the United States Armed Forces who performed qualifying active duty military
702 service.
703 (d) "Consumer price index" is as described in Section 1(f)(4), Internal Revenue Code,
704 and defined in Section 1(f)(5), Internal Revenue Code.
705 (e) "Deceased veteran with a disability" means a deceased person who was a veteran
706 with a disability at the time the person died.
707 (f) "Military entity" means:
708 (i) the federal Department of Veterans Affairs;
709 (ii) an active component of the United States Armed Forces; or
710 (iii) a reserve component of the United States Armed Forces.
711 (g) "Qualifying active duty military service" means:
712 (i) at least 200 days in a calendar year, regardless of whether consecutive, of active
713 duty military service outside the state in an active component of the United States Armed
714 Forces or a reserve component of the United States Armed Forces; or
715 (ii) the completion of at least 200 consecutive days of active duty military service
716 outside the state:
717 (A) in an active component of the United States Armed Forces or a reserve component
718 of the United States Armed Forces; and
719 (B) that began in the prior year, if those days of active duty military service outside the
720 state in the prior year were not counted as qualifying active duty military service for purposes
721 of this section or Section 59-2-1105 in the prior year.
722 (h) "Reserve component of the United States Armed Forces" is as defined in Section
723 59-10-1027 .
724 (i) "Residence" is as defined in Section 59-2-1202 , except that a rented dwelling is not
725 considered to be a residence.
726 (j) "Veteran who was killed in action or died in the line of duty" means a person who
727 was killed in action or died in the line of duty in an active component of the United States
728 Armed Forces or a reserve component of the United States Armed Forces, regardless of
729 whether that person had a disability at the time that person was killed in action or died in the
730 line of duty.
731 (k) "Veteran with a disability" means a person with a disability who, during military
732 training or a military conflict, acquired a disability in the line of duty in an active component of
733 the United States Armed Forces or a reserve component of the United States Armed Forces.
734 (l) "Veteran's exemption" means a property tax exemption provided for in Subsection
735 (2).
736 (2) (a) The amount of taxable value of the property described in Subsection (2)(b) is
737 exempt from taxation as calculated under Subsections (2)(c) through (e) if the property
738 described in Subsection (2)(b) is owned by:
739 (i) a veteran with a disability;
740 (ii) the unmarried surviving spouse or a minor orphan of a:
741 (A) deceased veteran with a disability; or
742 (B) veteran who was killed in action or died in the line of duty; or
743 (iii) a member of an active component of the United States Armed Forces or a reserve
744 component of the United States Armed Forces who performed qualifying active duty military
745 service.
746 (b) Subsection (2)(a) applies to the following property:
747 (i) the claimant's primary residence;
748 (ii) for a claimant described in Subsection (2)(a)(i) or (ii), tangible personal property
749 that:
750 (A) is held exclusively for personal use; and
751 (B) is not used in a trade or business; or
752 (iii) for a claimant described in Subsection (2)(a)(i) or (ii), a combination of
753 Subsections (2)(b)(i) and (ii).
754 (c) Except as provided in Subsection (2)(d) or (e), the amount of taxable value of
755 property described in Subsection (2)(b) that is exempt under Subsection (2)(a) is:
756 (i) as described in Subsection (2)(f), if the property is owned by:
757 (A) a veteran with a disability;
758 (B) the unmarried surviving spouse of a deceased veteran with a disability; or
759 (C) a minor orphan of a deceased veteran with a disability; or
760 (ii) equal to the total taxable value of the claimant's property described in Subsection
761 (2)(b) if the property is owned by:
762 (A) the unmarried surviving spouse of a veteran who was killed in action or died in the
763 line of duty;
764 (B) a minor orphan of a veteran who was killed in action or died in the line of duty; or
765 (C) a member of an active component of the United States Armed Forces or a reserve
766 component of the United States Armed Forces who performed qualifying active duty military
767 service.
768 (d) (i) Notwithstanding Subsection (2)(c)(i) and subject to Subsection (2)(d)(ii), a
769 veteran's exemption except for a claimant described in Subsection (2)(a)(iii) may not be
770 allowed under this Subsection (2) if the percentage of disability listed on the certificate
771 described in Subsection 59-2-1105 (3)(a) is less than 10%.
772 (ii) A veteran with a disability is considered to have a 100% disability, regardless of
773 the percentage of disability listed on a certificate described in Subsection 59-2-1105 (3)(a), if
774 the United States Department of Veterans Affairs certifies the veteran in the classification of
775 individual unemployability.
776 (e) Notwithstanding Subsection (2)(c)(i), a claimant who is the unmarried surviving
777 spouse or minor orphan of a deceased veteran with a disability may claim an exemption for the
778 total value of the property described in Subsection (2)(b) if:
779 (i) the deceased veteran with a disability served in the military service of the United
780 States or the state prior to January 1, 1921; and
781 (ii) the percentage of disability listed on the certificate described in Subsection
782 59-2-1105 (3)(a) for the deceased veteran with a disability is 10% or more.
783 (f) Except as provided in Subsection (2)(g), the amount of the taxable value of the
784 property described in Subsection (2)(b) that is exempt under Subsection (2)(c)(i) is equal to the
785 percentage of disability listed on the certificate described in Subsection 59-2-1105 (3)(a)
786 multiplied by the adjusted taxable value limit.
787 (g) Notwithstanding Subsection (2)(f), the amount of the taxable value of the property
788 described in Subsection (2)(b) that is exempt under Subsection (2)(c)(i) may not be greater than
789 the taxable value of the property described in Subsection (2)(b).
790 (h) For purposes of this section and Section 59-2-1105 , a person who [
791
792 component of the United States Armed Forces or a reserve component of the United States
793 Armed Forces:
794 (i) is presumed to be a citizen of the United States; and
795 (ii) may not be required to provide additional proof of citizenship to establish that the
796 person is a citizen of the United States.
797 (3) The Department of Veterans' and Military Affairs created in Section 71-8-2 shall,
798 through an informal hearing held in accordance with Title 63G, Chapter 4, Administrative
799 Procedures Act, resolve each dispute arising under this section concerning a veteran's status as
800 a veteran with a disability.
801 Section 10. Section 71-8-1 is amended to read:
802 71-8-1. Definitions.
803 As used in this chapter:
804 (1) "Contractor" means a person who is or may be awarded a government entity
805 contract.
806 (2) "Council" means the Veterans' Advisory Council.
807 (3) "Department" means the Department of Veterans' and Military Affairs.
808 (4) "Executive director" means the executive director of the Department of Veterans'
809 Affairs.
810 (5) "Government entity" means the state and any county, municipality, local district,
811 special service district, and any other political subdivision or administrative unit of the state,
812 including state institutions of education.
813 (6) "Specialist" means a full-time employee of a government entity who is tasked with
814 responding to, and assisting, veterans who are employed by the entity or come to the entity for
815 assistance.
816 (7) "Veteran" means:
817 (a) an individual who has served on active duty in the armed forces for at least 180
818 consecutive days or was a member of a reserve component, and who has been separated or
819 retired under honorable or general conditions; or
820 (b) any individual incurring an actual service-related injury or disability in the line of
821 duty whether or not that person completed 180 days of active duty.
822 Section 11. Section 71-10-1 is amended to read:
823 71-10-1. Definitions.
824 As used in this chapter:
825 (1) "Active duty" means active military duty and does not include active duty for
826 training, initial active duty for training, or inactive duty for training.
827 (2) "Government entity" means the state, any county, municipality, local district,
828 special service district, or any other political subdivision or administrative unit of the state,
829 including state institutions of education.
830 (3) "Preference eligible" means:
831 (a) any individual who has served on active duty in the armed forces for more than 180
832 consecutive days, or was a member of a reserve component who served in a campaign or
833 expedition for which a campaign medal has been authorized and who has been separated under
834 honorable or general conditions;
835 (b) a veteran with a disability, regardless of the percentage of disability;
836 (c) the spouse or unmarried widow or widower of a veteran;
837 (d) a purple heart recipient; or
838 (e) a retired member of the armed forces who retired below the rank of major or its
839 equivalent.
840 (4) "Veteran" means:
841 (a) an individual who has served on active duty in the armed forces for more than 180
842 consecutive days, or was a member of a reserve component who served in a campaign or
843 expedition for which a campaign medal has been authorized and who has been separated or
844 retired under honorable or general conditions; or
845 (b) any individual incurring an actual service-related injury or disability in the line of
846 duty whether or not that person completed 180 consecutive days of active duty.
847 (5) "Veteran with a disability" means an individual who has:
848 (a) been separated or retired from the armed forces under honorable conditions; and
849 (b) established the existence of a service-connected disability or is receiving
850 compensation, disability retirement benefits, or pension because of a public statute
851 administered by the federal Department of Veterans Affairs or a military department.
Legislative Review Note
as of 1-29-14 4:29 PM