H.B. 350

1

DRIVER LICENSE RESTRICTIONS
2 2002 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Matt Throckmorton
5 This act modifies the Public Safety Code to repeal the provisions to allow a temporary
6 identification number issued by the Internal Revenue Service to be used as an identification
7 to obtain a driver license and identification card. This act requires an applicant for a driver
8 license or identification card to provide a Utah residence address.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 53-3-205, as last amended by Chapters 85 and 117, Laws of Utah 2001
12 53-3-804, as last amended by Chapters 117 and 125, Laws of Utah 2001
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 knowledge 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 knowledge 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 knowledge 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 knowledge 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 knowledge and skills tests within six
35 months of the date of the application;
36 (b) a motorcycle learner permit if needed after the motorcycle knowledge test is passed;
37 and
38 (c) a motorcycle or taxicab endorsement when all tests are passed.
39 (5) An application and fees for a commercial class A, B, or C license entitle the applicant
40 to:
41 (a) not more than two attempts to pass a knowledge test and not more than two attempts
42 to pass a skills test within six months of the date of the application;
43 (b) a commercial driver instruction permit if needed after the knowledge test is passed; and
44 (c) an original commercial class A, B, or C license and license certificate when all
45 applicable tests are passed.
46 (6) An application and fee for a CDL endorsement entitle the applicant to:
47 (a) not more than two attempts to pass a knowledge test and not more than two attempts
48 to pass a skills test within six months of the date of the application; and
49 (b) a CDL endorsement when all tests are passed.
50 (7) If a CDL applicant does not pass a knowledge test, skills test, or an endorsement test
51 within the number of attempts provided in Subsection (5) or (6), each test may be taken two
52 additional times within the six months for the fee provided in Section 53-3-105 .
53 (8) (a) An original license expires on the birth date of the applicant in the fifth year
54 following the year the license certificate was issued.
55 (b) A renewal or an extension to a license expires on the birth date of the licensee in the
56 fifth year following the expiration date of the license certificate renewed or extended.
57 (c) A duplicate license expires on the same date as the last license certificate issued.
58 (d) An endorsement to a license expires on the same date as the license certificate

59 regardless of the date the endorsement was granted.
60 (e) A license and any endorsement to the license held by a person ordered to active duty
61 and stationed outside Utah in any of the armed forces of the United States, which expires during
62 the time period the person is stationed outside of the state, is valid until 90 days after the person
63 has been discharged or has left the service, unless the license is suspended, disqualified, denied,
64 or has been cancelled or revoked by the division, or the licensee updates the information or
65 photograph on the license certificate.
66 (9) (a) In addition to the information required by Title 63, Chapter 46b, Administrative
67 Procedures Act, for requests for agency action, each [application] applicant shall:
68 (i) [state the] provide the applicant's full legal name, birth date, [sex,] and gender;
69 (ii) provide the applicant's Utah residence address;
70 (iii) provide the applicant's Social Security number [or temporary identification number
71 (ITIN) issued by the Internal Revenue Service for a person who does not qualify for a Social
72 Security number, and residence address of the applicant];
73 [(ii)] (iv) [briefly describe] provide a brief description of the applicant;
74 [(iii)] (v) state whether the applicant has previously been licensed to drive a motor vehicle
75 and, if so, when and by what state or country;
76 [(iv)] (vi) state whether the applicant has ever had any license suspended, cancelled,
77 revoked, disqualified, or denied in the last six years, or whether the applicant has ever had any
78 license application refused, and if so, the date of and reason for the suspension, cancellation,
79 revocation, disqualification, denial, or refusal;
80 [(v)] (vii) state whether the applicant intends to make an anatomical gift under Title 26,
81 Chapter 28, Uniform Anatomical Gift Act, in compliance with Subsection (16);
82 [(vi)] (viii) provide all other information the division requires; and
83 [(vii)] (ix) [be signed] sign the application which signature may include electronic
84 signatures as defined in Section 46-4-102 .
85 (b) An applicant's Social Security number [or temporary identification number (ITIN)]
86 shall be maintained on the computerized records of the division.
87 (10) The division shall require proof of every applicant's name, birthdate, and birthplace
88 by at least one of the following means:
89 (a) current license certificate;

90 (b) birth certificate;
91 (c) Selective Service registration; or
92 (d) other proof, including church records, family Bible notations, school records, or other
93 evidence considered acceptable by the division.
94 (11) When an applicant receives a license in another class, all previous license certificates
95 shall be surrendered and canceled. However, a disqualified commercial license may not be
96 canceled unless it expires before the new license certificate is issued.
97 (12) (a) When an application is received from a person previously licensed in another state
98 to drive a motor vehicle, the division shall request a copy of the driver's record from the other state.
99 (b) When received, the driver's record becomes part of the driver's record in this state with
100 the same effect as though entered originally on the driver's record in this state.
101 (13) An application for reinstatement of a license after the suspension, cancellation,
102 disqualification, denial, or revocation of a previous license shall be accompanied by the additional
103 fee or fees specified in Section 53-3-105 .
104 (14) A person who has an appointment with the division for testing and fails to keep the
105 appointment or to cancel at least 48 hours in advance of the appointment shall pay the fee under
106 Section 53-3-105 .
107 (15) A person who applies for an original license or renewal of a license agrees that the
108 person's license is subject to any suspension or revocation authorized under this title or Title 41,
109 Motor Vehicles.
110 (16) (a) The indication of intent under Subsection (9)(a)[(v)](vii) shall be authenticated
111 by the licensee in accordance with division rule.
112 (b) (i) Notwithstanding Title 63, Chapter 2, Government Records Access and Management
113 Act, the division may, upon request, release to an organ procurement organization, as defined in
114 Section 26-28-2 , the names and addresses of all persons who under Subsection (9)(a)[(v)](vii)
115 indicate that they intend to make an anatomical gift.
116 (ii) An organ procurement organization may use released information only to:
117 (A) obtain additional information for an anatomical gift registry; and
118 (B) inform licensees of anatomical gift options, procedures, and benefits.
119 (17) The division and its employees are not liable, as a result of false or inaccurate
120 information provided under Subsection (9)(a)[(v)](vii), for direct or indirect:

121 (a) loss;
122 (b) detriment; or
123 (c) injury.
124 Section 2. Section 53-3-804 is amended to read:
125 53-3-804. Application for identification card -- Required information -- Release of
126 anatomical gift information.
127 (1) To apply for an identification card, the applicant shall have a Utah residence address
128 and appear in person at any license examining station.
129 (2) The applicant shall provide the following information to the division:
130 (a) true and full legal name and Utah residence address;
131 (b) date of birth as set forth in a certified copy of the applicant's birth certificate, or other
132 satisfactory evidence of birth, which shall be attached to the application;
133 (c) Social Security number [or temporary identification number (ITIN) issued by the
134 Internal Revenue Service for a person who does not qualify for a Social Security number];
135 (d) place of birth;
136 (e) height and weight;
137 (f) color of eyes and hair;
138 (g) signature;
139 (h) photograph; and
140 (i) an indication whether the applicant intends to make an anatomical gift under Title 26,
141 Chapter 28, Uniform Anatomical Gift Act.
142 (3) The requirements of Section 53-3-234 shall also apply to this section for each person,
143 age 16 and older, applying for an identification card. Refusal to consent to the release of
144 information shall result in the denial of the identification card.




Legislative Review Note
as of 2-5-02 8:43 AM

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

Office of Legislative Research and General Counsel