S.B. 49

This document includes House Floor Amendments incorporated into the bill on Thu, Feb 13, 2003 at 12:07 PM by kholt. --> 1

DRIVER LICENSE AND IDENTIFICATION
2 CARD AMENDMENTS
3 2003 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Parley G. Hellewell
6 This act modifies the Public Safety Code by amending the driver license and
7 identification card provisions. This act requires an applicant for a driver license or
8 identification card to both have and provide a Utah residence address. This act clarifies
9 that a person under 16 may operate a motor vehicle if operating under a permit issued by
10 the Driver License Division. This act allows identification card applicants to check a box
11 on the application to donate to blindness prevention, organ donation, and public
12 transportation assistance for seniors or people with disabilities. This act extends the
13 expiration to ten years for identification cards. This act removes a provision that makes
14 all identification cards expire when the person turns 21 years of age and allows
15 alternative wording or other means on identification cards and driver licenses to indicate
16 the person is a minor. This act makes technical changes.
17 This act affects sections of Utah Code Annotated 1953 as follows:
18 AMENDS:
19 41-8-1, as last amended by Chapter 162, Laws of Utah 1987
20 53-3-204, as last amended by Chapter 54, Laws of Utah 2001
21 53-3-205, as last amended by Chapter 219, Laws of Utah 2002
22 53-3-207, as last amended by Chapter 117, Laws of Utah 2001
23 53-3-214.5, as enacted by Chapter 45, Laws of Utah 2000
24 53-3-214.7, as enacted by Chapter 55, Laws of Utah 2002
25 53-3-214.8, as enacted by Chapter 268, Laws of Utah 2002
26 53-3-804, as last amended by Chapter 219, Laws of Utah 2002
27 53-3-806, as renumbered and amended by Chapter 234, Laws of Utah 1993

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- 2 - 28 53-3-807, as last amended by Chapter 85, Laws of Utah 2001
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 41-8-1 is amended to read:
31 41-8-1. Operation of vehicle by persons under 16 prohibited -- Exceptions for
32 off-highway vehicles, and off-highway implements of husbandry.
33 (1) [No] A person under 16 years of age, whether resident or nonresident of this state,
34 may not operate a motor vehicle upon any highway of this state.
35 (2) This section does not apply to[: (a) persons] a person operating:
36 (a) a motor vehicle under a permit issued under Section 53-3-210 or 53A-13-208 ;
37 (b) an off-highway [vehicles] vehicle registered under Section 41-22-3 either:
38 (i) on a highway designated as open for off-highway vehicle use; or
39 (ii) in the manner prescribed by Section 41-22-10.3 ; or
40 [(b) persons operating]
41 (c) an off-highway [implements] implement of husbandry in the manner prescribed by
42 Subsections 41-22-5.5 (3) through (5).
43 Section 2. Section 53-3-204 is amended to read:
44 53-3-204. Persons who may not be licensed.
45 (1) (a) The division may not license a person who:
46 (i) is younger than 16 years of age;
47 (ii) has not completed a course in driver training approved by the commissioner; or
48 (iii) if the person is a minor, has not completed the driving requirement under Section
49 53-3-211 .
50 (b) Subsection (1)(a) does not apply to a person:
51 (i) who has been licensed before July 1, 1967; [or]
52 (ii) who is 16 years of age or older making application for a license who has been
53 licensed in another state or country; or
54 (iii) who is applying for a permit under Section 53-3-210 or 53A-13-208 .
55 (2) The division may not issue a license certificate to a person:
56 (a) whose license has been suspended, denied, cancelled, or disqualified during the
57 period of suspension, denial, cancellation, or disqualification;
58 (b) whose privilege has been revoked, except as provided in Section 53-3-225 ;

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- 3 - 59 (c) who has previously been adjudged mentally incompetent and who has not at the
60 time of application been restored to competency as provided by law;
61 (d) who is required by this chapter to take an examination unless the person
62 successfully passes the examination; or
63 (e) whose driving privileges have been denied or suspended under:
64 (i) Section 78-3a-506 by an order of the juvenile court; or
65 (ii) Section 53-3-231 .
66 (3) The division may grant a class D or M license to a person whose commercial
67 license is disqualified under Part 4 of this chapter if the person is not otherwise sanctioned
68 under this chapter.
69 Section 3. Section 53-3-205 is amended to read:
70 53-3-205. Application for license or endorsement -- Fee required -- Tests --
71 Expiration dates of licenses and endorsements -- Information required -- Previous
72 licenses surrendered -- Driving record transferred from other states -- Reinstatement --
73 Fee required -- License agreement.
74 (1) An application for any original license, provisional license, or endorsement shall
75 be:
76 (a) made upon a form furnished by the division; and
77 (b) accompanied by a nonrefundable fee set under Section 53-3-105 .
78 (2) An application and fee for an original class D license entitle the applicant to:
79 (a) not more than three attempts to pass both the knowledge and skills tests for a class
80 D license within six months of the date of the application;
81 (b) a learner permit if needed after the knowledge test is passed; and
82 (c) an original class D license and license certificate after all tests are passed.
83 (3) An application and fee for an original class M license entitle the applicant to:
84 (a) not more than three attempts to pass both the knowledge and skills tests for a class
85 M license within six months of the date of the application;
86 (b) a learner permit if needed after the knowledge test is passed; and
87 (c) an original class M license and license certificate after all tests are passed.
88 (4) An application and fee for a motorcycle or taxicab endorsement entitle the
89 applicant to:

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- 4 - 90 (a) not more than three attempts to pass both the knowledge and skills tests within six
91 months of the date of the application;
92 (b) a motorcycle learner permit if needed after the motorcycle knowledge test is
93 passed; and
94 (c) a motorcycle or taxicab endorsement when all tests are passed.
95 (5) An application and fees for a commercial class A, B, or C license entitle the
96 applicant to:
97 (a) not more than two attempts to pass a knowledge test and not more than two
98 attempts to pass a skills test within six months of the date of the application;
99 (b) a commercial driver instruction permit if needed after the knowledge test is passed;
100 and
101 (c) an original commercial class A, B, or C license and license certificate when all
102 applicable tests are passed.
103 (6) An application and fee for a CDL endorsement entitle the applicant to:
104 (a) not more than two attempts to pass a knowledge test and not more than two
105 attempts to pass a skills test within six months of the date of the application; and
106 (b) a CDL endorsement when all tests are passed.
107 (7) If a CDL applicant does not pass a knowledge test, skills test, or an endorsement
108 test within the number of attempts provided in Subsection (5) or (6), each test may be taken
109 two additional times within the six months for the fee provided in Section 53-3-105 .
110 (8) (a) An original license expires on the birth date of the applicant in the fifth year
111 following the year the license certificate was issued.
112 (b) A renewal or an extension to a license expires on the birth date of the licensee in
113 the fifth year following the expiration date of the license certificate renewed or extended.
114 (c) A duplicate license expires on the same date as the last license certificate issued.
115 (d) An endorsement to a license expires on the same date as the license certificate
116 regardless of the date the endorsement was granted.
117 (e) A license and any endorsement to the license held by a person ordered to active
118 duty and stationed outside Utah in any of the armed forces of the United States, which expires
119 during the time period the person is stationed outside of the state, is valid until 90 days after the
120 person has been discharged or has left the service, unless the license is suspended, disqualified,

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- 5 - 121 denied, or has been cancelled or revoked by the division, or the licensee updates the
122 information or photograph on the license certificate.
123 (9) (a) In addition to the information required by Title 63, Chapter 46b, Administrative
124 Procedures Act, for requests for agency action, each [application] applicant shall have a Utah
125 residence address and each applicant shall:
126 (i) [state the] provide the applicant's:
127 (A) full legal name;
128 (B) birth date;
129 (C) [sex] gender;
130 (D) between July 1, 2002 and July 1, 2007, race in accordance with the categories
131 established by the United States Census Bureau;
132 (E) Social Security number or temporary identification number (ITIN) issued by the
133 Internal Revenue Service for a person who does not qualify for a Social Security number; and
134 (F) Utah residence address of the applicant;
135 (ii) [briefly describe] provide a description of the applicant;
136 (iii) state whether the applicant has previously been licensed to drive a motor vehicle
137 and, if so, when and by what state or country;
138 (iv) state whether the applicant has ever had any license suspended, cancelled, revoked,
139 disqualified, or denied in the last six years, or whether the applicant has ever had any license
140 application refused, and if so, the date of and reason for the suspension, cancellation,
141 revocation, disqualification, denial, or refusal;
142 (v) state whether the applicant intends to make an anatomical gift under Title 26,
143 Chapter 28, Uniform Anatomical Gift Act, in compliance with Subsection (16);
144 (vi) provide all other information the division requires; and
145 (vii) [be signed] sign the application which signature may include an electronic
146 [signatures] signature as defined in Section 46-4-102 .
147 (b) [An] The division shall maintain on its computerized records an applicant's:
148 (i) Social Security number; or
149 (ii) temporary identification number (ITIN) [shall be maintained on the computerized
150 records of the division].
151 (c) An applicant may not be denied a license for refusing to provide race information

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- 6 - 152 required under Subsection (9)(a)(i)(D).
153 (10) The division shall require proof of every applicant's name, birthdate, and
154 birthplace by at least one of the following means:
155 (a) current license certificate;
156 (b) birth certificate;
157 (c) Selective Service registration; or
158 (d) other proof, including church records, family Bible notations, school records, or
159 other evidence considered acceptable by the division.
160 (11) When an applicant receives a license in another class, all previous license
161 certificates shall be surrendered and canceled. However, a disqualified commercial license may
162 not be canceled unless it expires before the new license certificate is issued.
163 (12) (a) When an application is received from a person previously licensed in another
164 state to drive a motor vehicle, the division shall request a copy of the driver's record from the
165 other state.
166 (b) When received, the driver's record becomes part of the driver's record in this state
167 with the same effect as though entered originally on the driver's record in this state.
168 (13) An application for reinstatement of a license after the suspension, cancellation,
169 disqualification, denial, or revocation of a previous license shall be accompanied by the
170 additional fee or fees specified in Section 53-3-105 .
171 (14) A person who has an appointment with the division for testing and fails to keep
172 the appointment or to cancel at least 48 hours in advance of the appointment shall pay the fee
173 under Section 53-3-105 .
174 (15) A person who applies for an original license or renewal of a license agrees that the
175 person's license is subject to any suspension or revocation authorized under this title or Title
176 41, Motor Vehicles.
177 (16) (a) The indication of intent under Subsection (9)(a)(v) shall be authenticated by
178 the licensee in accordance with division rule.
179 (b) (i) Notwithstanding Title 63, Chapter 2, Government Records Access and
180 Management Act, the division may, upon request, release to an organ procurement
181 organization, as defined in Section 26-28-2 , the names and addresses of all persons who under
182 Subsection (9)(a)(v) indicate that they intend to make an anatomical gift.

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- 7 - 183 (ii) An organ procurement organization may use released information only to:
184 (A) obtain additional information for an anatomical gift registry; and
185 (B) inform licensees of anatomical gift options, procedures, and benefits.
186 (17) The division and its employees are not liable, as a result of false or inaccurate
187 information provided under Subsection (9)(a)(v), for direct or indirect:
188 (a) loss;
189 (b) detriment; or
190 (c) injury.
191 Section 4. Section 53-3-207 is amended to read:
192 53-3-207. License certificates issued to drivers by class of motor vehicle --
193 Contents -- Release of anatomical gift information -- Temporary licenses -- Minors'
194 licenses and permits -- Violation.
195 (1) (a) The division shall issue to every person privileged to drive a motor vehicle, a
196 license certificate indicating the type or class of motor vehicle the licensee may drive.
197 (b) A person may not drive a class of motor vehicle unless licensed in that class.
198 (2) (a) Every license certificate shall bear:
199 (i) the distinguishing number assigned to the licensee by the division;
200 (ii) the name, birth date, and Utah residence address of the licensee;
201 (iii) a brief description of the licensee for the purpose of identification;
202 (iv) any restrictions imposed on the license under Section 53-3-208 ;
203 (v) a photograph of the licensee;
204 (vi) a photograph or other facsimile of the licensee's signature; and
205 (vii) an indication whether the licensee intends to make an anatomical gift under Title
206 26, Chapter 28, Uniform Anatomical Gift Act, unless the license is extended under Subsection
207 53-3-214 (3).
208 (b) A new license certificate issued by the division may bear the licensee's Social
209 Security number [of the licensee] only at the request of the licensee.
210 (c) (i) The license certificate shall be of an impervious material, resistant to wear,
211 damage, and alteration.
212 (ii) The size, form, and color of the license certificate shall be as prescribed by the
213 commissioner.

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- 8 - 214 (iii) The commissioner may also prescribe the issuance of a special type of limited
215 license certificate under Subsection 53-3-220 (4) and may authorize the issuance of a renewed
216 or duplicate license certificate without a picture if the applicant is not then living in the state.
217 (3) (a) (i) The division upon determining after an examination that an applicant is
218 mentally and physically qualified to be granted a license may issue to an applicant a receipt for
219 the fee.
220 (ii) The receipt serves as a temporary license certificate allowing him to drive a motor
221 vehicle while the division is completing its investigation to determine whether he is entitled to
222 be licensed.
223 (b) The receipt shall be in his immediate possession while driving a motor vehicle, and
224 it is invalid when the applicant's license certificate has been issued or when, for good cause, the
225 privilege has been refused.
226 (c) The division shall indicate on the receipt a date after which it is not valid as a
227 license certificate.
228 (4) The division shall distinguish learner permits, temporary permits, and license
229 certificates issued to any person younger than 21 years of age by use of [the] plainly printed
230 [word "minor" or "under 21"] information or the use of a [special] color or other means not
231 used for other license certificates.
232 (5) The division shall issue temporary license certificates of the same nature, except as
233 to duration, as the license certificates that they temporarily replace, as are necessary to
234 implement applicable provisions of Section 53-3-223 .
235 (6) A person who violates Subsection (1)(b) is guilty of a class C misdemeanor.
236 Section 5. Section 53-3-214.5 is amended to read:
237 53-3-214.5. License checkoff for blindness prevention.
238 (1) A person who applies for a license or [license] identification card or a renewal of a
239 license or identification card may designate a voluntary contribution for blindness prevention
240 of $1.
241 (2) This contribution shall be:
242 (a) collected by the division;
243 (b) treated as a voluntary contribution to Prevent Blindness Utah to provide blindness
244 prevention education, screening, and treatment and not as a license fee; and

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- 9 - 245 (c) transferred to Prevent Blindness Utah at least monthly, less actual administrative
246 costs associated with collecting and transferring the contributions.
247 Section 6. Section 53-3-214.7 is amended to read:
248 53-3-214.7. License checkoff for promoting and supporting organ donation.
249 (1) A person who applies for a license or [license] identification card or a renewal of a
250 license or identification card may designate a voluntary contribution of $2 for the purpose of
251 promoting and supporting organ donation.
252 (2) This contribution shall be:
253 (a) collected by the division;
254 (b) treated as a voluntary contribution to the Organ Donation Contribution Fund
255 created in Section 26-18b-101 and not as a license fee; and
256 (c) transferred to the Organ Donation Contribution Fund created in Section 26-18b-101
257 at least monthly, less actual administrative costs associated with collecting and transferring the
258 contributions.
259 Section 7. Section 53-3-214.8 is amended to read:
260 53-3-214.8. License checkoff for public transportation for seniors or people with
261 disabilities.
262 (1) A person who applies for a license or [license] identification card or a renewal of a
263 license or identification card may designate a voluntary contribution of $1 for public
264 transportation assistance for seniors or people with disabilities.
265 (2) This contribution shall be:
266 (a) collected by the division;
267 (b) treated as a voluntary contribution to the "Out and About" Homebound
268 Transportation Assistance Fund created in Section 62A-3-110 to provide public transportation
269 assistance for seniors or people with disabilities and not as a license fee; and
270 (c) transferred to the "Out and About" Homebound Transportation Assistance Fund
271 created in Section 62A-3-110 at least monthly, less actual administrative costs associated with
272 collecting and transferring the contributions.
273 Section 8. Section 53-3-804 is amended to read:
274 53-3-804. Application for identification card -- Required information -- Release
275 of anatomical gift information.

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House Floor Amendments 2-13-2003 kh/mgt 276

(1) To apply for an identification card, the applicant shall have a Utah residence
277 address and appear in person at any license examining station.
278 (2) The applicant shall provide the following information to the division:
279 (a) true and full legal name and Utah residence address;
280 (b) date of birth as set forth in a certified copy of the applicant's birth certificate, or
281 other satisfactory evidence of birth, which shall be attached to the application;
282 (c) (i) Social Security number; or
283 (ii) temporary identification number (ITIN) issued by the Internal Revenue Service for
284 a person who does not qualify for a Social Security number;
285 (d) place of birth;
286 (e) height and weight;
287 (f) color of eyes and hair;
288 (g) between July 1, 2002 and July 1, 2007, race in accordance with the categories
289 established by the United States Census Bureau;
290 (h) signature;
291 (i) photograph; and
292 (j) an indication whether the applicant intends to make an anatomical gift under Title
293 26, Chapter 28, Uniform Anatomical Gift Act.
294 (3) The requirements of Section 53-3-234 [shall also] apply to this section for each
295 person, age 16 and older, applying for an identification card. Refusal to consent to the release
296 of information shall result in the denial of the identification card.
297 (4) An applicant may not be denied an identification card for refusing to provide race
298 information required under Subsection (2)(g).
299 Section 9. Section 53-3-806 is amended to read:
300 53-3-806. Minor's card distinguishable.
301 The identification card issued to a [minor] person younger than 21 years of age shall be
302 distinguished by the use of [the] plainly printed [word "minor"] information or by the use of a
303 color or other means not used for the identification card issued to h [ adults ] A PERSON 21 YEARS
303a OF AGE OR OLDER h .
304 Section 10. Section 53-3-807 is amended to read:
305 53-3-807. Expiration -- Address and name change -- Extension for disabled.
306 (1) The identification card expires on the birth date of the applicant in the [fifth] tenth

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- 11 - 307 year following the issuance of the identification card, except as provided under [Subsections
308 (2) and (7)] Subsection (6).
309 [(2) (a) An identification card issued to a minor expires on his 21st birthday if that date
310 occurs before the expiration date of the identification card under Subsection (1).]
311 [(b) A minor's identification card shall be renewed as an adult card on the minor's 21st
312 birthday and expires five years after the identification card is renewed.]
313 [(3)] (2) If a person has applied for and received an identification card and
314 subsequently moves from the address shown on the application or on the card, the person shall
315 within ten days notify the division in a manner specified by the division of his new address.
316 [(4)] (3) If a person has applied for and received an identification card and
317 subsequently changes his name under Title 42, Chapter 1, Change of Name, he:
318 (a) shall surrender the card to the division; and
319 (b) may apply for a new card in his new name by:
320 (i) furnishing proper documentation to the division as provided in Section 53-3-804 ;
321 and
322 (ii) paying the fee required under Section 53-3-105 .
323 [(5)] (4) A person older than 21 years of age with a disability, as defined under the
324 Americans with Disabilities Act of 1990, Pub. L. 101-336, may extend the expiration date on
325 an identification card for [five] ten years if the person with a disability or an agent of the person
326 with a disability:
327 (a) requests that the division send the application form to obtain the extension or
328 requests an application form in person at the division's offices;
329 (b) completes the application;
330 (c) certifies that the extension is for a person 21 years of age or older with a disability;
331 and
332 (d) returns the application to the division together with the identification card fee
333 required under Section 53-3-105 .
334 [(6)] (5) (a) An identification card may only be extended once.
335 (b) After an extension an application for an identification card must be applied for in
336 person at the division's offices.
337 [(7)] (6) An identification card issued to a person 65 years of age or older does not

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- 12 - 338 expire, but continues in effect until the death of that person.

Legislative Review Note
as of 1-8-03 11:01 AM

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

Office of Legislative Research and General Counsel