S.B. 87

1

DRIVER LICENSE CERTIFICATE
2 AMENDMENTS
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Carlene M. Walker
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Uniform Driver License Act to amend driver license certificate,
10 commercial driver license certificate, and identification card content provisions.
11 Highlighted Provisions:
12 This bill:
13 . prohibits a driver license certificate, a commercial driver license certificate, or an
14 identification card from bearing an applicant's Social Security number.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 53-3-207, as last amended by Chapters 30 and 309, Laws of Utah 2003
22 53-3-411, as renumbered and amended by Chapters 24 and 234, Laws of Utah 1993
23 53-3-805, as last amended by Chapters 131 and 309, Laws of Utah 2003
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 53-3-207 is amended to read:
27 53-3-207. License certificates issued to drivers by class of motor vehicle --

28 Contents -- Release of anatomical gift information -- Temporary licenses -- Minors'
29 licenses and permits -- Violation.
30 (1) (a) The division shall issue to every person privileged to drive a motor vehicle, a
31 license certificate indicating the type or class of motor vehicle the licensee may drive.
32 (b) A person may not drive a class of motor vehicle unless licensed in that class.
33 (2) (a) Every license certificate shall bear:
34 (i) the distinguishing number assigned to the licensee by the division;
35 (ii) the name, birth date, and Utah residence address of the licensee;
36 (iii) a brief description of the licensee for the purpose of identification;
37 (iv) any restrictions imposed on the license under Section 53-3-208 ;
38 (v) a photograph of the licensee;
39 (vi) a photograph or other facsimile of the licensee's signature; and
40 (vii) an indication whether the licensee intends to make an anatomical gift under Title
41 26, Chapter 28, Uniform Anatomical Gift Act, unless the license is extended under Subsection
42 53-3-214 (3).
43 (b) A new license certificate issued by the division may not bear the licensee's Social
44 Security number [only at the request of the licensee].
45 (c) (i) The license certificate shall be of an impervious material, resistant to wear,
46 damage, and alteration.
47 (ii) Except as provided under Subsection (4)(b), the size, form, and color of the license
48 certificate shall be as prescribed by the commissioner.
49 (iii) The commissioner may also prescribe the issuance of a special type of limited
50 license certificate under Subsection 53-3-220 (4) and may authorize the issuance of a renewed
51 or duplicate license certificate without a picture if the applicant is not then living in the state.
52 (3) (a) (i) The division upon determining after an examination that an applicant is
53 mentally and physically qualified to be granted a license may issue to an applicant a receipt for
54 the fee.
55 (ii) The receipt serves as a temporary license certificate allowing him to drive a motor
56 vehicle while the division is completing its investigation to determine whether he is entitled to
57 be licensed.
58 (b) The receipt shall be in his immediate possession while driving a motor vehicle, and

59 it is invalid when the applicant's license certificate has been issued or when, for good cause, the
60 privilege has been refused.
61 (c) The division shall indicate on the receipt a date after which it is not valid as a
62 license certificate.
63 (4) (a) The division shall distinguish learner permits, temporary permits, and license
64 certificates issued to any person younger than 21 years of age by use of plainly printed
65 information or the use of a color or other means not used for other license certificates.
66 (b) The division shall distinguish a license certificate issued to any person:
67 (i) younger than 21 years of age by use of a portrait-style format not used for other
68 license certificates and by plainly printing the date the license certificate holder is 21 years of
69 age, which is the legal age for purchasing an alcoholic beverage or product under Section
70 32A-12-203 ; and
71 (ii) younger than 19 years of age, by plainly printing the date the license certificate
72 holder is 19 years of age, which is the legal age for purchasing tobacco products under Section
73 76-10-104 .
74 (c) The provisions of Subsection (4)(b) do not apply to a learner permit, temporary
75 permit, or any other temporary permit or receipt issued by the division.
76 (5) The division shall issue temporary license certificates of the same nature, except as
77 to duration, as the license certificates that they temporarily replace, as are necessary to
78 implement applicable provisions of Section 53-3-223 .
79 (6) A person who violates Subsection (1)(b) is guilty of a class C misdemeanor.
80 Section 2. Section 53-3-411 is amended to read:
81 53-3-411. Description of CDL -- Information to be included.
82 (1) The CDL certificate shall be printed with the identifying words "Commercial
83 Driver License" or "CDL".
84 (2) To the maximum extent practicable, the CDL certificate shall be resistant to
85 alteration.
86 (3) The CDL certificate shall include:
87 (a) the legal name and principal place of residence of the holder;
88 (b) the holder's photograph in color;
89 (c) a physical description of the holder, including sex and height;

90 (d) the holder's birth date;
91 (e) the holder's Utah license certificate number;
92 (f) the holder's signature;
93 (g) the class or type of commercial motor vehicle or vehicles the holder is authorized to
94 drive;
95 (h) any endorsements or restrictions to which the holder is subject;
96 (i) the name of the issuing state; and
97 (j) the dates between which the CDL is valid.
98 (4) The CDL may not include the holder's Social Security number [only upon the
99 request of the holder].
100 Section 3. Section 53-3-805 is amended to read:
101 53-3-805. Identification card -- Contents -- Specifications.
102 (1) The division shall issue an identification card that:
103 (a) provides all the information contained in the application, [other than] except the
104 identification card may not bear the applicant's:
105 (i) Social Security number[, except as provided in Subsection (3)]; and
106 (ii) place of birth;
107 (b) contains a photograph of the applicant; and
108 (c) contains a facsimile of the applicant's signature.
109 (2) (a) The card shall be of an impervious material, resistant to wear, damage, and
110 alteration.
111 (b) Except as provided under Section 53-3-806 , the size, form, and color of the card is
112 prescribed by the commissioner.
113 (3) At the applicant's request, the card may include [any of the following: (a)] a
114 statement that the applicant has a special medical problem or allergies to certain drugs, for the
115 purpose of medical treatment[; and].
116 [(b) the applicant's Social Security number.]
117 (4) (a) The indication of intent under Subsection 53-3-804 (2)(j) shall be authenticated
118 by the applicant in accordance with division rule.
119 (b) (i) Notwithstanding Title 63, Chapter 2, Government Records Access and
120 Management Act, the division may, upon request, release to an organ procurement

121 organization, as defined in Section 26-28-2 , the names and addresses of all persons who under
122 Subsection 53-3-804 (2)(j) indicate that they intend to make an anatomical gift.
123 (ii) An organ procurement organization may use released information only to:
124 (A) obtain additional information for an anatomical gift registry; and
125 (B) inform applicants of anatomical gift options, procedures, and benefits.
126 (5) The division and its employees are not liable, as a result of false or inaccurate
127 information provided under Subsection 53-3-804 (2)(j), for direct or indirect:
128 (a) loss;
129 (b) detriment; or
130 (c) injury.




Legislative Review Note
as of 12-16-03 11:29 AM

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

Office of Legislative Research and General Counsel