S.B. 242

1

UNDOCUMENTED WORKERS DRIVER LICENSE
2 REVISIONS
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: John W. Hickman
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Uniform Driver License Act to amend certain requirements for
10 applicants for a driver license or identification card.
11 Highlighted Provisions:
12 This bill:
13 . repeals, as a substitute for a Social Security number, the use of a temporary
14 identification number (ITIN) issued by the Internal Revenue Service for purposes of
15 obtaining a driver license or identification card issued by the Driver License
16 Division;
17 . requires an applicant for a driver license or identification card who does not provide
18 a Social Security number to provide proof that the applicant:
19 . is a citizen of another country;
20 . does not qualify for a Social Security number; and
21 . is legally present in the United States, as authorized under federal law;
22 . requires the Driver License Division to make rules for acceptable documentation of
23 an applicant's identity and proof of legal presence; and
24 . makes technical changes.
25 Monies Appropriated in this Bill:
26 None
27 Other Special Clauses:

28 This bill takes effect on July 1, 2004.
29 Utah Code Sections Affected:
30 AMENDS:
31 53-3-104, as last amended by Chapter 85, Laws of Utah 2001
32 53-3-205, as last amended by Chapter 30, Laws of Utah 2003
33 53-3-804, as last amended by Chapter 30, Laws of Utah 2003
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 53-3-104 is amended to read:
37 53-3-104. Division duties.
38 The division shall:
39 (1) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
40 make rules:
41 (a) for examining applicants for a license, as necessary for the safety and welfare of the
42 traveling public;
43 (b) for acceptable documentation of an applicant's identity, proof of legal presence, and
44 other proof or documentation required under this chapter;
45 [(b)] (c) regarding the restrictions to be imposed on a person driving a motor vehicle
46 with a temporary learner permit; and
47 [(c)] (d) for exemptions from licensing requirements as authorized in this chapter;
48 (2) examine each applicant according to the class of license applied for;
49 (3) license motor vehicle drivers;
50 (4) file every application for a license received by it and shall maintain indices
51 containing:
52 (a) all applications denied and the reason each was denied;
53 (b) all applications granted; and
54 (c) the name of every licensee whose license has been suspended, disqualified, or
55 revoked by the division and the reasons for the action;
56 (5) suspend, revoke, disqualify, cancel, or deny any license issued in accordance with
57 this chapter;
58 (6) file all accident reports and abstracts of court records of convictions received by it

59 under state law;
60 (7) maintain a record of each licensee showing his convictions and the traffic accidents
61 in which he has been involved where a conviction has resulted;
62 (8) consider the record of a licensee upon an application for renewal of a license and at
63 other appropriate times;
64 (9) search the license files, compile, and furnish a report on the driving record of any
65 person licensed in the state in accordance with Section 53-3-109 ;
66 (10) develop and implement a record system as required by Section 41-6-48.5 ;
67 (11) in accordance with Section 53A-13-208 , establish:
68 (a) procedures and standards to certify teachers of driver education classes to
69 administer knowledge and skills tests;
70 (b) minimal standards for the tests; and
71 (c) procedures to enable school districts to administer or process any tests for students
72 to receive a class D operator's license;
73 (12) in accordance with Section 53-3-510 , establish:
74 (a) procedures and standards to certify licensed instructors of commercial driver
75 training school courses to administer the skills test;
76 (b) minimal standards for the test; and
77 (c) procedures to enable licensed commercial driver training schools to administer or
78 process skills tests for students to receive a class D operator's license; and
79 (13) provide administrative support to the Driver License Medical Advisory Board
80 created in Section 53-3-303 .
81 Section 2. Section 53-3-205 is amended to read:
82 53-3-205. Application for license or endorsement -- Fee required -- Tests --
83 Expiration dates of licenses and endorsements -- Information required -- Previous
84 licenses surrendered -- Driving record transferred from other states -- Reinstatement --
85 Fee required -- License agreement.
86 (1) An application for any original license, provisional license, or endorsement shall
87 be:
88 (a) made upon a form furnished by the division; and
89 (b) accompanied by a nonrefundable fee set under Section 53-3-105 .

90 (2) An application and fee for an original class D license entitle the applicant to:
91 (a) not more than three attempts to pass both the knowledge and skills tests for a class
92 D license within six months of the date of the application;
93 (b) a learner permit if needed after the knowledge test is passed; and
94 (c) an original class D license and license certificate after all tests are passed.
95 (3) An application and fee for an original class M license entitle the applicant to:
96 (a) not more than three attempts to pass both the knowledge and skills tests for a class
97 M license within six months of the date of the application;
98 (b) a learner permit if needed after the knowledge test is passed; and
99 (c) an original class M license and license certificate after all tests are passed.
100 (4) An application and fee for a motorcycle or taxicab endorsement entitle the
101 applicant to:
102 (a) not more than three attempts to pass both the knowledge and skills tests within six
103 months of the date of the application;
104 (b) a motorcycle learner permit if needed after the motorcycle knowledge test is
105 passed; and
106 (c) a motorcycle or taxicab endorsement when all tests are passed.
107 (5) An application and fees for a commercial class A, B, or C license entitle the
108 applicant to:
109 (a) not more than two attempts to pass a knowledge test and not more than two
110 attempts to pass a skills test within six months of the date of the application;
111 (b) a commercial driver instruction permit if needed after the knowledge test is passed;
112 and
113 (c) an original commercial class A, B, or C license and license certificate when all
114 applicable tests are passed.
115 (6) An application and fee for a CDL endorsement entitle the applicant to:
116 (a) not more than two attempts to pass a knowledge test and not more than two
117 attempts to pass a skills test within six months of the date of the application; and
118 (b) a CDL endorsement when all tests are passed.
119 (7) If a CDL applicant does not pass a knowledge test, skills test, or an endorsement
120 test within the number of attempts provided in Subsection (5) or (6), each test may be taken

121 two additional times within the six months for the fee provided in Section 53-3-105 .
122 (8) (a) An original license expires on the birth date of the applicant in the fifth year
123 following the year the license certificate was issued.
124 (b) A renewal or an extension to a license expires on the birth date of the licensee in
125 the fifth year following the expiration date of the license certificate renewed or extended.
126 (c) A duplicate license expires on the same date as the last license certificate issued.
127 (d) An endorsement to a license expires on the same date as the license certificate
128 regardless of the date the endorsement was granted.
129 (e) A license and any endorsement to the license held by a person ordered to active
130 duty and stationed outside Utah in any of the armed forces of the United States, which expires
131 during the time period the person is stationed outside of the state, is valid until 90 days after the
132 person has been discharged or has left the service, unless the license is suspended, disqualified,
133 denied, or has been cancelled or revoked by the division, or the licensee updates the
134 information or photograph on the license certificate.
135 (9) (a) In addition to the information required by Title 63, Chapter 46b, Administrative
136 Procedures Act, for requests for agency action, each applicant shall have a Utah residence
137 address and each applicant shall:
138 (i) provide the applicant's:
139 (A) full legal name;
140 (B) birth date;
141 (C) gender;
142 (D) between July 1, 2002 and July 1, 2007, race in accordance with the categories
143 established by the United States Census Bureau;
144 (E) (I) Social Security number [or temporary identification number (ITIN) issued by
145 the Internal Revenue Service for a person who does not qualify for a Social Security number];
146 [and] or
147 (II) (Aa) proof that the applicant is a citizen of a country other than the United States;
148 (Bb) proof that the applicant does not qualify for a Social Security number; and
149 (Cc) proof of legal presence in the United States, as authorized under federal law; and
150 (F) Utah residence address of the applicant;
151 (ii) provide a description of the applicant;

152 (iii) state whether the applicant has previously been licensed to drive a motor vehicle
153 and, if so, when and by what state or country;
154 (iv) state whether the applicant has ever had any license suspended, cancelled, revoked,
155 disqualified, or denied in the last six years, or whether the applicant has ever had any license
156 application refused, and if so, the date of and reason for the suspension, cancellation,
157 revocation, disqualification, denial, or refusal;
158 (v) state whether the applicant intends to make an anatomical gift under Title 26,
159 Chapter 28, Uniform Anatomical Gift Act, in compliance with Subsection (16);
160 (vi) provide all other information the division requires; and
161 (vii) sign the application which signature may include an electronic signature as
162 defined in Section 46-4-102 .
163 (b) The division shall maintain on its computerized records an applicant's[: (i)] Social
164 Security number[; or].
165 [(ii) temporary identification number (ITIN).]
166 (c) An applicant may not be denied a license for refusing to provide race information
167 required under Subsection (9)(a)(i)(D).
168 (10) The division shall require proof of every applicant's name, birthdate, and
169 birthplace by at least one of the following means:
170 (a) current license certificate;
171 (b) birth certificate;
172 (c) Selective Service registration; or
173 (d) other proof, including church records, family Bible notations, school records, or
174 other evidence considered acceptable by the division.
175 (11) When an applicant receives a license in another class, all previous license
176 certificates shall be surrendered and canceled. However, a disqualified commercial license may
177 not be canceled unless it expires before the new license certificate is issued.
178 (12) (a) When an application is received from a person previously licensed in another
179 state to drive a motor vehicle, the division shall request a copy of the driver's record from the
180 other state.
181 (b) When received, the driver's record becomes part of the driver's record in this state
182 with the same effect as though entered originally on the driver's record in this state.

183 (13) An application for reinstatement of a license after the suspension, cancellation,
184 disqualification, denial, or revocation of a previous license shall be accompanied by the
185 additional fee or fees specified in Section 53-3-105 .
186 (14) A person who has an appointment with the division for testing and fails to keep
187 the appointment or to cancel at least 48 hours in advance of the appointment shall pay the fee
188 under Section 53-3-105 .
189 (15) A person who applies for an original license or renewal of a license agrees that the
190 person's license is subject to any suspension or revocation authorized under this title or Title
191 41, Motor Vehicles.
192 (16) (a) The indication of intent under Subsection (9)(a)(v) shall be authenticated by
193 the licensee in accordance with division rule.
194 (b) (i) Notwithstanding Title 63, Chapter 2, Government Records Access and
195 Management Act, the division may, upon request, release to an organ procurement
196 organization, as defined in Section 26-28-2 , the names and addresses of all persons who under
197 Subsection (9)(a)(v) indicate that they intend to make an anatomical gift.
198 (ii) An organ procurement organization may use released information only to:
199 (A) obtain additional information for an anatomical gift registry; and
200 (B) inform licensees of anatomical gift options, procedures, and benefits.
201 (17) The division and its employees are not liable, as a result of false or inaccurate
202 information provided under Subsection (9)(a)(v), for direct or indirect:
203 (a) loss;
204 (b) detriment; or
205 (c) injury.
206 Section 3. Section 53-3-804 is amended to read:
207 53-3-804. Application for identification card -- Required information -- Release
208 of anatomical gift information.
209 (1) To apply for an identification card, the applicant shall have a Utah residence
210 address and appear in person at any license examining station.
211 (2) The applicant shall provide the following information to the division:
212 (a) true and full legal name and Utah residence address;
213 (b) date of birth as set forth in a certified copy of the applicant's birth certificate, or

214 other satisfactory evidence of birth, which shall be attached to the application;
215 (c) (i) Social Security number; or
216 (ii) (A) proof that the applicant is a citizen of a country other than the United States;
217 (B) proof that the applicant does not qualify for a Social Security number; and
218 (C) proof of legal presence in the United States, as authorized under federal law;
219 [(ii) temporary identification number (ITIN) issued by the Internal Revenue Service for
220 a person who does not qualify for a Social Security number;]
221 (d) place of birth;
222 (e) height and weight;
223 (f) color of eyes and hair;
224 (g) between July 1, 2002 and July 1, 2007, race in accordance with the categories
225 established by the United States Census Bureau;
226 (h) signature;
227 (i) photograph; and
228 (j) an indication whether the applicant intends to make an anatomical gift under Title
229 26, Chapter 28, Uniform Anatomical Gift Act.
230 (3) The requirements of Section 53-3-234 apply to this section for each person, age 16
231 and older, applying for an identification card. Refusal to consent to the release of information
232 shall result in the denial of the identification card.
233 (4) An applicant may not be denied an identification card for refusing to provide race
234 information required under Subsection (2)(g).
235 Section 4. Effective date.
236 This bill takes effect on July 1, 2004.




Legislative Review Note
as of 2-10-04 11:39 AM

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

Office of Legislative Research and General Counsel