H.B. 36

1

DRIVER LICENSE IDENTIFICATION
2 1999 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David Ure
5 AN ACT RELATING TO PUBLIC SAFETY; ALLOWING A TEMPORARY IDENTIFICATION
6 NUMBER ISSUED BY THE INTERNAL REVENUE SERVICE TO BE USED AS AN
7 IDENTIFICATION TO OBTAIN A DRIVER LICENSE AND IDENTIFICATION CARD IN
8 CERTAIN CIRCUMSTANCES.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 53-3-205, as last amended by Chapter 155, Laws of Utah 1995
12 53-3-804, as renumbered and amended by Chapter 234, Laws of Utah 1993
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 53-3-205 is amended to read:
15 53-3-205. Application for license or endorsement -- Fee required -- Tests --
16 Expiration dates of licenses and endorsements -- Information required -- Previous licenses
17 surrendered -- Driving record transferred from other states -- Reinstatement -- Fee required
18 -- License agreement.
19 (1) An application for any original license, provisional license, or endorsement shall be:
20 (a) made upon a form furnished by the division; and
21 (b) accompanied by a nonrefundable fee set under Section 53-3-105 .
22 (2) An application and fee for an original class D license entitle the applicant to:
23 (a) not more than three attempts to pass both the written and skills tests for a class D
24 license within six months of the date of the application;
25 (b) a learner permit if needed after the written test is passed; and
26 (c) an original class D license and license certificate after all tests are passed.
27 (3) An application and fee for an original class M license entitle the applicant to:

28 (a) not more than three attempts to pass both the written and skills tests for a class M
29 license within six months of the date of the application;
30 (b) a learner permit if needed after the written test is passed; and
31 (c) an original class M license and license certificate after all tests are passed.
32 (4) An application and fee for a motorcycle or taxicab endorsement entitle the applicant
33 to:
34 (a) not more than three attempts to pass both the written and skills tests within six months
35 of the date of the application;
36 (b) a motorcycle learner permit if needed after the motorcycle written test is passed; and
37 (c) a motorcycle or taxicab endorsement when all tests are passed.
38 (5) An application and fees for a commercial class A, B, or C license entitle the applicant
39 to:
40 (a) not more than two attempts to pass a written test and not more than two attempts to
41 pass a skills test within six months of the date of the application;
42 (b) a commercial driver instruction permit if needed after the written test is passed; and
43 (c) an original commercial class A, B, or C license and license certificate when all
44 applicable tests are passed.
45 (6) An application and fee for a CDL endorsement entitle the applicant to:
46 (a) not more than two attempts to pass a written test and not more than two attempts to
47 pass a skills test within six months of the date of the application; and
48 (b) a CDL endorsement when all tests are passed.
49 (7) If a CDL applicant does not pass a written test, skills test, or an endorsement test within
50 the number of attempts provided in Subsection (5) or (6), each test may be taken two additional
51 times within the six months for the fee provided in Section 53-3-105 .
52 (8) An original license, an extension or a renewal, and any endorsement to the license
53 granted before October 1, 1991, expires on the birth date of the applicant in the fourth year
54 following the year the license certificate is issued.
55 (9) (a) An original license granted after September 30, 1991, expires on the birth date of
56 the applicant in the fifth year following the year the license certificate was issued.
57 (b) A renewal or an extension to a license granted after September 30, 1991, expires on
58 the birth date of the licensee in the fifth year following the expiration date of the license certificate

59 renewed or extended.
60 (c) A duplicate license expires on the same date as the last license certificate issued.
61 (d) An endorsement to a license expires on the same date as the license certificate
62 regardless of the date the endorsement was granted.
63 (e) A license and any endorsement to the license held by a person ordered to active duty
64 and stationed outside Utah in any of the armed forces of the United States, which expires during
65 the time period the person is stationed outside of the state, is valid until 90 days after the person
66 has been discharged or has left the service, unless the license is suspended, disqualified, denied,
67 or has been cancelled or revoked by the division, or the licensee updates the information or
68 photograph on the license certificate.
69 (10) (a) In addition to the information required by Title 63, Chapter 46b, Administrative
70 Procedures Act, for requests for agency action, each application shall:
71 (i) state the full legal name, birth date, sex, Social Security number or temporary
72 identification number (ITIN) issued by the Internal Revenue Service for a person who does not
73 qualify for a Social Security number, and residence address of the applicant;
74 (ii) briefly describe the applicant;
75 (iii) state whether the applicant has previously been licensed to drive a motor vehicle and,
76 if so, when and by what state or country;
77 (iv) state whether the applicant has ever had any license suspended, cancelled, revoked,
78 disqualified, or denied in the last six years, or whether the applicant has ever had any license
79 application refused, and if so, the date of and reason for the suspension, cancellation, revocation,
80 disqualification, denial, or refusal;
81 (v) provide all other information the division requires; and
82 (vi) be signed and verified before a person authorized to administer oaths.
83 (b) An applicant's Social Security number or temporary identification number (ITIN) shall
84 be maintained on the computerized records of the division.
85 (11) The division shall require proof of every applicant's name, birthdate, and birthplace
86 by at least one of the following means:
87 (a) current license certificate;
88 (b) birth certificate;
89 (c) Selective Service registration; or

90 (d) other proof, including church records, family Bible notations, school records, or other
91 evidence considered acceptable by the division.
92 (12) When an applicant receives a license in another class, all previous license certificates
93 shall be surrendered and canceled. However, a disqualified commercial license may not be
94 canceled unless it expires before the new license certificate is issued.
95 (13) (a) When an application is received from a person previously licensed in another state
96 to drive a motor vehicle, the division shall request a copy of the driver's record from the other state.
97 (b) When received, the driver's record becomes part of the driver's record in this state with
98 the same effect as though entered originally on the driver's record in this state.
99 (14) An application for reinstatement of a license after the suspension, cancellation,
100 disqualification, denial, or revocation of a previous license shall be accompanied by the additional
101 fee or fees specified in Section 53-3-105 .
102 (15) A person who has an appointment with the division for testing and fails to keep the
103 appointment or to cancel at least 48 hours in advance of the appointment shall pay the fee under
104 Section 53-3-105 .
105 (16) A person who applies for an original license or renewal of a license agrees that the
106 person's license is subject to any suspension or revocation authorized under this title or Title 41,
107 Motor Vehicles.
108 Section 2. Section 53-3-804 is amended to read:
109 53-3-804. Application for identification card -- Required information.
110 (1) To apply for an identification card, the applicant shall appear in person at any license
111 examining station.
112 (2) The applicant shall provide the following information to the division:
113 (a) true and full legal name and address;
114 (b) date of birth as set forth in a certified copy of the applicant's birth certificate, or other
115 satisfactory evidence of birth, which shall be attached to the application;
116 (c) Social Security number or temporary identification number (ITIN) issued by the
117 Internal Revenue Service for a person who does not qualify for a Social Security number;
118 (d) place of birth;
119 (e) height and weight;
120 (f) color of eyes and hair;

121 (g) signature;
122 (h) photograph; and
123 (i) organ donor indication, if desired.




Legislative Review Note
as of 12-15-98 12:54 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel