H.B. 331
1
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Uniform Driver License Act by amending provisions relating to
10 identification cards.
11 Highlighted Provisions:
12 This bill:
13 . amends definitions;
14 . establishes fees for the extension of an identification card;
15 . provides that a regular identification card issued to a person who holds an unexpired
16 Utah license certificate may not be extended unless:
17 . the Utah license certificate is canceled; and
18 . if the Utah license certificate is in the person's possession, the Utah license
19 certificate is surrendered to the division;
20 . authorizes the Driver License Division to extend a valid regular identification card
21 for five years:
22 . at any time within six months before the identification card expires; and
23 . if the identification card was issued after January 1, 2010;
24 . requires an application for an extension of a regular identification card to be
25 accompanied by a fee;
26 . provides that a regular identification card may only be extended once; and
27 . makes technical corrections.
28 Money Appropriated in this Bill:
29 None
30 Other Special Clauses:
31 None
32 Utah Code Sections Affected:
33 AMENDS:
34 53-3-102 , as last amended by Laws of Utah 2012, Chapter 144
35 53-3-105 , as last amended by Laws of Utah 2011, Chapter 428
36 53-3-106 , as last amended by Laws of Utah 2012, Chapter 356
37 53-3-803 , as last amended by Laws of Utah 2012, Chapter 335
38 53-3-804 , as last amended by Laws of Utah 2013, Chapter 214
39 53-3-805 , as last amended by Laws of Utah 2013, Chapters 214 and 300
40 53-3-807 , as last amended by Laws of Utah 2012, Chapters 145 and 335
41
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 53-3-102 is amended to read:
44 53-3-102. Definitions.
45 As used in this chapter:
46 (1) "Cancellation" means the termination by the division of a license issued through
47 error or fraud or for which consent under Section 53-3-211 has been withdrawn.
48 (2) "Class D license" means the class of license issued to drive motor vehicles not
49 defined as commercial motor vehicles or motorcycles under this chapter.
50 (3) "Commercial driver license" or "CDL" means a license:
51 (a) issued substantially in accordance with the requirements of Title XII, Pub. L.
52 99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
53 Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
54 commercial motor vehicle; and
55 (b) that was obtained by providing evidence of lawful presence in the United States
56 with one of the document requirements described in Subsection 53-3-410 (1)(i)(i).
57 (4) (a) "Commercial motor vehicle" means a motor vehicle or combination of motor
58 vehicles designed or used to transport passengers or property if the motor vehicle:
59 (i) has a gross vehicle weight rating of 26,001 or more pounds or a lesser rating as
60 determined by federal regulation;
61 (ii) is designed to transport 16 or more passengers, including the driver; or
62 (iii) is transporting hazardous materials and is required to be placarded in accordance
63 with 49 C.F.R. Part 172, Subpart F.
64 (b) The following vehicles are not considered a commercial motor vehicle for purposes
65 of Part 4, Uniform Commercial Driver License Act:
66 (i) equipment owned and operated by the United States Department of Defense when
67 driven by any active duty military personnel and members of the reserves and national guard on
68 active duty including personnel on full-time national guard duty, personnel on part-time
69 training, and national guard military technicians and civilians who are required to wear military
70 uniforms and are subject to the code of military justice;
71 (ii) vehicles controlled and driven by a farmer to transport agricultural products, farm
72 machinery, or farm supplies to or from a farm within 150 miles of his farm but not in operation
73 as a motor carrier for hire;
74 (iii) firefighting and emergency vehicles; and
75 (iv) recreational vehicles that are not used in commerce and are driven solely as family
76 or personal conveyances for recreational purposes.
77 (5) "Conviction" means any of the following:
78 (a) an unvacated adjudication of guilt or a determination that a person has violated or
79 failed to comply with the law in a court of original jurisdiction or an administrative proceeding;
80 (b) an unvacated forfeiture of bail or collateral deposited to secure a person's
81 appearance in court;
82 (c) a plea of guilty or nolo contendere accepted by the court;
83 (d) the payment of a fine or court costs; or
84 (e) violation of a condition of release without bail, regardless of whether the penalty is
85 rebated, suspended, or probated.
86 (6) "Denial" or "denied" means the withdrawal of a driving privilege by the division to
87 which the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or Operator's Security,
88 do not apply.
89 (7) "Director" means the division director appointed under Section 53-3-103 .
90 (8) "Disqualification" means either:
91 (a) the suspension, revocation, cancellation, denial, or any other withdrawal by a state
92 of a person's privileges to drive a commercial motor vehicle;
93 (b) a determination by the Federal Highway Administration, under 49 C.F.R. Part 386,
94 that a person is no longer qualified to drive a commercial motor vehicle under 49 C.F.R. Part
95 391; or
96 (c) the loss of qualification that automatically follows conviction of an offense listed in
97 49 C.F.R. Part 383.51.
98 (9) "Division" means the Driver License Division of the department created in Section
99 53-3-103 .
100 (10) "Downgrade" means to obtain a lower license class than what was originally
101 issued during an existing license cycle.
102 (11) "Drive" means:
103 (a) to operate or be in physical control of a motor vehicle upon a highway; and
104 (b) in Subsections 53-3-414 (1) through (3), Subsection 53-3-414 (5), and Sections
105 53-3-417 and 53-3-418 , the operation or physical control of a motor vehicle at any place within
106 the state.
107 (12) (a) "Driver" means any person who drives, or is in actual physical control of a
108 motor vehicle in any location open to the general public for purposes of vehicular traffic.
109 (b) In Part 4, Uniform Commercial Driver License Act, "driver" includes any person
110 who is required to hold a CDL under Part 4 or federal law.
111 (13) "Driving privilege card" means the evidence of the privilege granted and issued
112 under this chapter to drive a motor vehicle to a person whose privilege was obtained without
113 providing evidence of lawful presence in the United States.
114 (14) "Extension" means a renewal completed in a manner specified by the division.
115 (15) "Farm tractor" means every motor vehicle designed and used primarily as a farm
116 implement for drawing plows, mowing machines, and other implements of husbandry.
117 (16) "Highway" means the entire width between property lines of every way or place of
118 any nature when any part of it is open to the use of the public, as a matter of right, for traffic.
119 (17) "Identification card" means [
120 Part 8, Identification Card Act, to a person [
121
122
123 (18) "Indigent" means that a person's income falls below the federal poverty guideline
124 issued annually by the U.S. Department of Health and Human Services in the Federal Register.
125 (19) "License" means the privilege to drive a motor vehicle.
126 (20) (a) "License certificate" means the evidence of the privilege issued under this
127 chapter to drive a motor vehicle.
128 (b) "License certificate" evidence includes a:
129 (i) regular license certificate;
130 (ii) limited-term license certificate;
131 (iii) driving privilege card;
132 (iv) CDL license certificate;
133 (v) limited-term CDL license certificate;
134 (vi) temporary regular license certificate; and
135 (vii) temporary limited-term license certificate.
136 (21) "Limited-term commercial driver license" or "limited-term CDL" means a license:
137 (a) issued substantially in accordance with the requirements of Title XII, Pub. L.
138 99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
139 Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
140 commercial motor vehicle; and
141 (b) that was obtained by providing evidence of lawful presence in the United States
142 with one of the document requirements described in Subsection 53-3-410 (1)(i)(ii).
143 (22) "Limited-term identification card" means an identification card issued under this
144 chapter to a person whose card was obtained by providing evidence of lawful presence in the
145 United States with one of the document requirements described in Subsection
146 53-3-804 (2)(i)(ii).
147 (23) "Limited-term license certificate" means the evidence of the privilege granted and
148 issued under this chapter to drive a motor vehicle to a person whose privilege was obtained
149 providing evidence of lawful presence in the United States with one of the document
150 requirements described in Subsection 53-3-205 (8)(a)(ii)(B).
151 (24) "Motorboat" has the same meaning as provided under Section 73-18-2 .
152 (25) "Motorcycle" means every motor vehicle, other than a tractor, having a seat or
153 saddle for the use of the rider and designed to travel with not more than three wheels in contact
154 with the ground.
155 (26) "Office of Recovery Services" means the Office of Recovery Services, created in
156 Section 62A-11-102 .
157 (27) (a) "Owner" means a person other than a lien holder having an interest in the
158 property or title to a vehicle.
159 (b) "Owner" includes a person entitled to the use and possession of a vehicle subject to
160 a security interest in another person but excludes a lessee under a lease not intended as security.
161 (28) "Regular identification card" means an identification card issued under this
162 chapter to a person whose card was obtained by providing evidence of lawful presence in the
163 United States with one of the document requirements described in Subsection 53-3-804 (2)(i)(i).
164 [
165 under this chapter to drive a motor vehicle whose privilege was obtained by providing evidence
166 of lawful presence in the United States with one of the document requirements described in
167 Subsection 53-3-205 (8)(a)(ii)(A).
168 [
169 date.
170 [
171 division as determined by the division and includes those offenses against which points are
172 assessed under Section 53-3-221 .
173 [
174 (i) has established a domicile in this state, as defined in Section 41-1a-202 , or
175 regardless of domicile, remains in this state for an aggregate period of six months or more
176 during any calendar year;
177 (ii) engages in a trade, profession, or occupation in this state, or who accepts
178 employment in other than seasonal work in this state, and who does not commute into the state;
179 (iii) declares himself to be a resident of this state by obtaining a valid Utah driver
180 license certificate or motor vehicle registration; or
181 (iv) declares himself a resident of this state to obtain privileges not ordinarily extended
182 to nonresidents, including going to school, or placing children in school without paying
183 nonresident tuition or fees.
184 (b) "Resident" does not include any of the following:
185 (i) a member of the military, temporarily stationed in this state;
186 (ii) an out-of-state student, as classified by an institution of higher education,
187 regardless of whether the student engages in any type of employment in this state;
188 (iii) a person domiciled in another state or country, who is temporarily assigned in this
189 state, assigned by or representing an employer, religious or private organization, or a
190 governmental entity; or
191 (iv) an immediate family member who resides with or a household member of a person
192 listed in Subsections [
193 [
194 privilege to drive a motor vehicle.
195 [
196 pre-primary, primary, or secondary school students to and from home and school, or to and
197 from school sponsored events.
198 (b) "School bus" does not include a bus used as a common carrier as defined in Section
199 59-12-102 .
200 [
201 licensee's privilege to drive a motor vehicle.
202 [
203 passengers for hire and that is subject to state or federal regulation as a taxi.
204 Section 2. Section 53-3-105 is amended to read:
205 53-3-105. Fees for licenses, renewals, extensions, reinstatements, rescheduling,
206 and identification cards.
207 The following fees apply under this chapter:
208 (1) An original class D license application under Section 53-3-205 is $25.
209 (2) An original provisional license application for a class D license under Section
210 53-3-205 is $30.
211 (3) An original application for a motorcycle endorsement under Section 53-3-205 is
212 $9.50.
213 (4) An original application for a taxicab endorsement under Section 53-3-205 is $7.
214 (5) A learner permit application under Section 53-3-210.5 is $15.
215 (6) A renewal of a class D license under Section 53-3-214 is $25 unless Subsection
216 (10) applies.
217 (7) A renewal of a provisional license application for a class D license under Section
218 53-3-214 is $25.
219 (8) A renewal of a motorcycle endorsement under Section 53-3-214 is $9.50.
220 (9) A renewal of a taxicab endorsement under Section 53-3-214 is $7.
221 (10) A renewal of a class D license for a person 65 and older under Section 53-3-214 is
222 $13.
223 (11) An extension of a class D license under Section 53-3-214 is $20 unless Subsection
224 (15) applies.
225 (12) An extension of a provisional license application for a class D license under
226 Section 53-3-214 is $20.
227 (13) An extension of a motorcycle endorsement under Section 53-3-214 is $9.50.
228 (14) An extension of a taxicab endorsement under Section 53-3-214 is $7.
229 (15) An extension of a class D license for a person 65 and older under Section
230 53-3-214 is $11.
231 (16) An original or renewal application for a commercial class A, B, or C license or an
232 original or renewal of a provisional commercial class A or B license under Part 4, Uniform
233 Commercial Driver License Act, is:
234 (a) $40 for the knowledge test; and
235 (b) $60 for the skills test.
236 (17) Each original CDL endorsement for passengers, hazardous material, double or
237 triple trailers, or tankers is $7.
238 (18) An original CDL endorsement for a school bus under Part 4, Uniform Commercial
239 Driver License Act, is $7.
240 (19) A renewal of a CDL endorsement under Part 4, Uniform Commercial Driver
241 License Act, is $7.
242 (20) (a) A retake of a CDL knowledge test provided for in Section 53-3-205 is $20.
243 (b) A retake of a CDL skills test provided for in Section 53-3-205 is $40.
244 (21) A retake of a CDL endorsement test provided for in Section 53-3-205 is $7.
245 (22) A duplicate class A, B, C, or D license certificate under Section 53-3-215 is $18.
246 (23) (a) A license reinstatement application under Section 53-3-205 is $30.
247 (b) A license reinstatement application under Section 53-3-205 for an alcohol, drug, or
248 combination of alcohol and any drug-related offense is $35 in addition to the fee under
249 Subsection (23)(a).
250 (24) (a) An administrative fee for license reinstatement after an alcohol, drug, or
251 combination of alcohol and any drug-related offense under Section 41-6a-520 , 53-3-223 , or
252 53-3-231 or an alcohol, drug, or combination of alcohol and any drug-related offense under
253 Part 4, Uniform Commercial Driver License Act, is $170.
254 (b) This administrative fee is in addition to the fees under Subsection (23).
255 (25) (a) An administrative fee for providing the driving record of a driver under
256 Section 53-3-104 or 53-3-420 is $6.
257 (b) The division may not charge for a report furnished under Section 53-3-104 to a
258 municipal, county, state, or federal agency.
259 (26) A rescheduling fee under Section 53-3-205 or 53-3-407 is $25.
260 (27) (a) Except as provided under Subsections (27)(b) and (c), an identification card
261 application under Section 53-3-808 is $18.
262 (b) An identification card application under Section 53-3-808 for a person with a
263 disability, as defined in 42 U.S.C. Sec. 12102, is $13.
264 (c) A fee may not be charged for an identification card application if the person
265 applying:
266 (i) has not been issued a Utah driver license;
267 (ii) is indigent; and
268 (iii) is at least 18 years of age.
269 (28) An extension of a regular identification card under Subsection 53-3-807 (5) for a
270 person with a disability, as defined in 42 U.S.C. Sec. 12102, is $13.
271 (29) An extension of a regular identification card under Subsection 53-3-807 (6) is $18.
272 [
273 division shall impose on individuals submitting fingerprints in accordance with Section
274 53-3-205.5 the fees that the Bureau of Criminal Identification is authorized to collect for the
275 services the Bureau of Criminal Identification provides under Section 53-3-205.5 .
276 Section 3. Section 53-3-106 is amended to read:
277 53-3-106. Disposition of revenues under this chapter -- Restricted account created
278 -- Uses as provided by appropriation -- Nonlapsing.
279 (1) There is created within the Transportation Fund a restricted account known as the
280 "Department of Public Safety Restricted Account."
281 (2) The account consists of money generated from the following revenue sources:
282 (a) all money received under this chapter;
283 (b) administrative fees received according to the fee schedule authorized under this
284 chapter and Section 63J-1-504 ;
285 (c) beginning on January 1, 2013, money received in accordance with Section
286 41-1a-1201 ; and
287 (d) any appropriations made to the account by the Legislature.
288 (3) (a) The account shall earn interest.
289 (b) All interest earned on account money shall be deposited in the account.
290 (4) The expenses of the department in carrying out this chapter shall be provided for by
291 legislative appropriation from this account.
292 (5) The amount in excess of $45 of the fees collected under Subsection 53-3-105 (24)
293 shall be appropriated by the Legislature from this account to the department to implement the
294 provisions of Section 53-1-117 , except that of the amount in excess of $45, $40 shall be
295 deposited in the State Laboratory Drug Testing Account created in Section 26-1-34 .
296 (6) All money received under Subsection 41-6a-1406 (6)(b)(ii) shall be appropriated by
297 the Legislature from this account to the department to implement the provisions of Section
298 53-1-117 .
299 (7) Beginning in fiscal year 2009-10, the Legislature shall appropriate $100,000
300 annually from the account to the state medical examiner appointed under Section 26-4-4 for
301 use in carrying out duties related to highway crash deaths under Subsection 26-4-7 (1).
302 (8) The division shall remit the fees collected under Subsection 53-3-105 [
303 the Bureau of Criminal Identification to cover the costs for the services the Bureau of Criminal
304 Identification provides under Section 53-3-205.5 .
305 (9) (a) Beginning on January 1, 2013, the Legislature shall appropriate all money
306 received in the account under Section 41-1a-1201 to the Utah Highway Patrol Division for
307 field operations.
308 (b) The Legislature may appropriate additional money from the account to the Utah
309 Highway Patrol Division for law enforcement purposes.
310 (10) Appropriations to the department from the account are nonlapsing.
311 Section 4. Section 53-3-803 is amended to read:
312 53-3-803. Application for identification card -- Age requirements -- Application
313 on behalf of others.
314 (1) A person at least 16 years of age or older may apply to the division for an
315 identification card.
316 (2) A person younger than 16 years of age may apply to the division for an
317 identification card with the consent of the applicant's parent or guardian.
318 (3) (a) If a person is unable to apply for the card due to his youth or incapacitation, the
319 application may be made on behalf of that person by his parent or guardian.
320 (b) A parent or guardian applying for an identification card on behalf of a child or
321 incapacitated person shall provide:
322 (i) identification, as required by the commissioner; and
323 (ii) the consent of the incapacitated person, as required by the commissioner.
324 (4) Beginning on or after July 1, 2012, a person who holds an unexpired Utah license
325 certificate issued under Part 2, Driver Licensing Act, may not be issued a Utah identification
326 card or an extension of a regular identification card unless:
327 (a) the Utah license certificate is canceled; and
328 (b) if the Utah license certificate is in the person's possession, the Utah license
329 certificate is surrendered to the division.
330 Section 5. Section 53-3-804 is amended to read:
331 53-3-804. Application for identification card -- Required information -- Release
332 of anatomical gift information -- Cancellation of identification card.
333 (1) To apply for [
334 the applicant shall:
335 (a) be a Utah resident;
336 (b) have a Utah residence address; and
337 (c) appear in person at any license examining station.
338 (2) The applicant shall provide the following information to the division:
339 (a) true and full legal name and Utah residence address;
340 (b) date of birth as set forth in a certified copy of the applicant's birth certificate, or
341 other satisfactory evidence of birth, which shall be attached to the application;
342 (c) (i) Social Security number; or
343 (ii) written proof that the applicant is ineligible to receive a Social Security number;
344 (d) place of birth;
345 (e) height and weight;
346 (f) color of eyes and hair;
347 (g) signature;
348 (h) photograph;
349 (i) evidence of the applicant's lawful presence in the United States by providing
350 documentary evidence:
351 (i) that a person is:
352 (A) a United States citizen;
353 (B) a United States national; or
354 (C) a legal permanent resident alien; or
355 (ii) of the applicant's:
356 (A) unexpired immigrant or nonimmigrant visa status for admission into the United
357 States;
358 (B) pending or approved application for asylum in the United States;
359 (C) admission into the United States as a refugee;
360 (D) pending or approved application for temporary protected status in the United
361 States;
362 (E) approved deferred action status;
363 (F) pending application for adjustment of status to legal permanent resident or
364 conditional resident; or
365 (G) conditional permanent resident alien status;
366 (j) an indication whether the applicant intends to make an anatomical gift under Title
367 26, Chapter 28, Revised Uniform Anatomical Gift Act;
368 (k) an indication whether the applicant is required to register as a sex offender in
369 accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry; and
370 (l) an indication whether the applicant is a veteran of the United States military,
371 verification that the applicant has been honorably discharged from the United States military,
372 and an indication whether the applicant does or does not authorize sharing the information with
373 the state Department of Veterans' and Military Affairs.
374 (3) The requirements of Section 53-3-234 apply to this section for each person, age 16
375 and older, applying for an identification card. Refusal to consent to the release of information
376 shall result in the denial of the identification card.
377 (4) A person who knowingly fails to provide the information required under Subsection
378 (2)(k) is guilty of a class A misdemeanor.
379 (5) (a) Until December 1, 2014, a person born on or after December 1, 1964, may hold
380 both an unexpired Utah license certificate and an unexpired Utah identification card.
381 (b) On or after December 1, 2014, a person born on or after December 1, 1964:
382 (i) may not hold both an unexpired Utah license certificate and an unexpired
383 identification card; and
384 (ii) if the person has both an unexpired Utah license certificate and an unexpired Utah
385 identification card in the person's possession, shall be required to surrender either the unexpired
386 Utah license certificate or the unexpired Utah identification card.
387 (c) If a person has not surrendered either the Utah license certificate or the Utah
388 identification card as required under this Subsection (5), the division shall cancel the Utah
389 identification card on December 1, 2014.
390 (6) (a) Until December 1, 2017, a person born prior to December 1, 1964, may hold
391 both an unexpired Utah license certificate and an unexpired Utah identification card.
392 (b) On or after December 1, 2017, a person born prior to December 1, 1964:
393 (i) may not hold both an unexpired Utah license certificate and an unexpired
394 identification card; and
395 (ii) if the person has both an unexpired Utah license certificate and an unexpired Utah
396 identification card in the person's possession, shall be required to surrender either the unexpired
397 Utah license certificate or the unexpired Utah identification card.
398 (c) If a person has not surrendered either the Utah license certificate or the Utah
399 identification card as required under this Subsection (6), the division shall cancel the Utah
400 identification card on December 1, 2017.
401 Section 6. Section 53-3-805 is amended to read:
402 53-3-805. Identification card -- Contents -- Specifications.
403 (1) (a) The division shall issue an identification card that bears:
404 (i) the distinguishing number assigned to the person by the division;
405 (ii) the name, birth date, and Utah residence address of the person;
406 (iii) a brief description of the person for the purpose of identification;
407 (iv) a photograph of the person;
408 (v) a photograph or other facsimile of the person's signature;
409 (vi) an indication whether the person intends to make an anatomical gift under Title 26,
410 Chapter 28, Revised Uniform Anatomical Gift Act; and
411 (vii) if the person states that the person is a veteran of the United States military on the
412 application for an identification card in accordance with Section 53-3-804 and provides
413 verification that the person was honorably discharged from the United States military, an
414 indication that the person is a United States military veteran for a regular identification card or
415 a limited-term identification card issued on or after July 1, 2011.
416 (b) An identification card issued by the division may not bear the person's Social
417 Security number or place of birth.
418 (2) (a) The card shall be of an impervious material, resistant to wear, damage, and
419 alteration.
420 (b) Except as provided under Section 53-3-806 , the size, form, and color of the card is
421 prescribed by the commissioner.
422 (3) At the applicant's request, the card may include a statement that the applicant has a
423 special medical problem or allergies to certain drugs, for the purpose of medical treatment.
424 (4) (a) The indication of intent under Subsection 53-3-804 (2)(j) shall be authenticated
425 by the applicant in accordance with division rule.
426 (b) (i) Notwithstanding Title 63G, Chapter 2, Government Records Access and
427 Management Act, the division may, upon request, release to an organ procurement
428 organization, as defined in Section 26-28-102 , the names and addresses of all persons who
429 under Subsection 53-3-804 (2)(j) indicate that they intend to make an anatomical gift.
430 (ii) An organ procurement organization may use released information only to:
431 (A) obtain additional information for an anatomical gift registry; and
432 (B) inform applicants of anatomical gift options, procedures, and benefits.
433 (5) Notwithstanding Title 63G, Chapter 2, Government Records Access and
434 Management Act, the division may release to the Department of Veterans' and Military Affairs
435 the names and addresses of all persons who indicate their status as a veteran under Subsection
436 53-3-804 (2)(l).
437 (6) The division and its employees are not liable, as a result of false or inaccurate
438 information provided under Subsection 53-3-804 (2)(j) or (l), for direct or indirect:
439 (a) loss;
440 (b) detriment; or
441 (c) injury.
442 (7) (a) The division may issue a temporary regular identification card to a person while
443 the person obtains the required documentation to establish verification of the information
444 described in Subsections 53-3-804 (2)(a), (b), (c), (d), and (i)(i).
445 (b) A temporary regular identification card issued under this Subsection (7) shall be
446 recognized and grant the person the same privileges as a regular identification card.
447 (c) A temporary regular identification card issued under this Subsection (7) is invalid:
448 (i) when the person's regular identification card has been issued;
449 (ii) when, for good cause, an applicant's application for [
450 card has been refused; or
451 (iii) upon expiration of the temporary regular identification card.
452 Section 7. Section 53-3-807 is amended to read:
453 53-3-807. Expiration -- Address and name change -- Extension for a person with
454 a disability.
455 (1) (a) [
456 birth date of the applicant in the fifth year following the issuance of the regular identification
457 card.
458 (b) A limited-term identification card expires on:
459 (i) the expiration date of the period of time of the individual's authorized stay in the
460 United States or on the birth date of the applicant in the fifth year following the issuance of the
461 limited-term identification card, whichever is sooner; or
462 (ii) on the date of issuance in the first year following the year that the limited-term
463 identification card was issued if there is no definite end to the individual's period of authorized
464 stay.
465 (2) If a person has applied for and received an identification card and subsequently
466 moves from the address shown on the application or on the card, the person shall within 10
467 days notify the division in a manner specified by the division of the person's new address.
468 (3) If a person has applied for and received an identification card and subsequently
469 changes the person's name under Title 42, Chapter 1, Change of Name, the person:
470 (a) shall surrender the card to the division; and
471 (b) may apply for a new card in the person's new name by:
472 (i) furnishing proper documentation to the division as provided in Section 53-3-804 ;
473 and
474 (ii) paying the fee required under Section 53-3-105 .
475 (4) (a) Except as provided in Subsection (4)(c), if a person has applied for and received
476 an identification card and is currently required to register as a sex offender in accordance with
477 Title 77, Chapter 41, Sex and Kidnap Offender Registry:
478 (i) the person's identification card expires annually on the next birth date of the
479 cardholder, on and after July 1, 2006;
480 (ii) the person shall surrender the person's identification card to the division on or
481 before the cardholder's next birth date beginning on July 1, 2006; and
482 (iii) the person may apply for an identification card with an expiration date identified in
483 Subsection (8) by:
484 (A) furnishing proper documentation to the division as provided in Section 53-3-804 ;
485 and
486 (B) paying the fee for an identification card required under Section 53-3-105 .
487 (b) Except as provided in Subsection (4)(c), if a person has applied for and received an
488 identification card and is subsequently convicted of any offense listed in Subsection
489 77-41-102 (16), the person shall surrender the card to the division on the person's next birth
490 date following the conviction and may apply for a new card with an expiration date identified
491 in Subsection (8) by:
492 (i) furnishing proper documentation to the division as provided in Section 53-3-804 ;
493 and
494 (ii) paying the fee required under Section 53-3-105 .
495 (c) A person who is unable to comply with the provisions of Subsection (4)(a) or (4)(b)
496 because the person is in the custody of the Department of Corrections or Division of Juvenile
497 Justice Services, confined in a correctional facility not operated by or under contract with the
498 Department of Corrections, or committed to a state mental facility, shall comply with the
499 provisions of Subsection (4)(a) or (b) within 10 days of being released from confinement.
500 (5) A person older than 21 years of age with a disability, as defined under the
501 Americans with Disabilities Act of 1990, Pub. L. 101-336, may extend the expiration date on
502 an identification card for five years if the person with a disability or an agent of the person with
503 a disability:
504 (a) requests that the division send the application form to obtain the extension or
505 requests an application form in person at the division's offices;
506 (b) completes the application;
507 (c) certifies that the extension is for a person 21 years of age or older with a disability;
508 and
509 (d) returns the application to the division together with the identification card fee
510 required under Section 53-3-105 .
511 (6) The division may extend a valid regular identification card for five years:
512 (a) (i) at any time within six months before the identification card expires; and
513 (ii) if the identification card was issued after January 1, 2010.
514 (b) The application for an extension of a regular identification card shall be
515 accompanied by a fee under Section 53-3-105 .
516 [
517 identification card may only be extended once[
518 under Subsections (5) and (6).
519 (ii) After an extension an application for an identification card must be applied for in
520 person at the division's offices.
521 (b) An identification card issued to a person required to register as a sex offender in
522 accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry, may not be extended.
523 [
524 or older expires on December 1, 2017.
525 [
526 on the birth date of the applicant in the first year following the year that the identification card
527 was issued if the applicant is required to register as a sex offender in accordance with Title 77,
528 Chapter 41, Sex and Kidnap Offender Registry.
529 [
530 Subsection (4) is guilty of a class A misdemeanor.
Legislative Review Note
as of 12-4-13 4:15 PM