H.B. 223

This document includes House Committee Amendments incorporated into the bill on Fri, Feb 11, 2005 at 1:42 PM by ddonat. --> This document includes Senate Committee Amendments incorporated into the bill on Mon, Feb 21, 2005 at 2:52 PM by rday. --> This document includes Senate Committee Amendments (CORRECTED) incorporated into the bill on Tue, Feb 22, 2005 at 8:11 AM by rday. --> 1

AMENDMENTS TO DRIVER LICENSE AND
2 IDENTIFICATION CARDS
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Curtis Oda
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Public Safety Code by amending driver license and identification
10 card provisions.
11 Highlighted Provisions:
12 This bill:
13 . requires the Driver License Division to make rules for acceptable documentation of
14 an applicant's identity, Utah residence address, proof of legal presence, and proof of
15 H. [ United States Citizenship ] citizenship of a country other than the United States .H ;
16 . provides that for purposes of obtaining a driver license or identification card issued
17 by the Driver License Division, as a substitute for a Social Security number or a
18 temporary identification number (ITIN), an applicant may provide proof that the
19 applicant:
20 . is a citizen of another country;
21 . does not qualify for a Social Security number; and
22 . is legally present in the United States, as authorized under federal law;
23 . provides that an applicant must show documentation of a Utah residence address in
24 a form acceptable under rules made by the division in order to obtain a driver
25 license or identification card;
26 . provides that an original license or a renewal to an original license or an
27 identification card obtained without using a Social Security number or ITIN expires

28 on the date of the expiration of the applicant's foreign visa, permit, or other document granting
29 legal presence in the United States or on the normal expiration date whichever is sooner;
30 . changes the period an identification card is valid and reduces the time that it may be
31 extended from ten to five years;
32 . prohibits the Driver License Division from granting an extension to a driver license
33 or identification card for an applicant that did not provide a Social Security number
34 or ITIN to obtain a driver license or identification card; and
35 . makes technical changes.
36 Monies Appropriated in this Bill:
37 None
38 Other Special Clauses:
39 This bill takes effect on July 1, 2005.
39a S. This bill provides a coordination clause. .S
40 Utah Code Sections Affected:
41 AMENDS:
42 53-3-104, as last amended by Chapter 85, Laws of Utah 2001
43 53-3-205, as last amended by Chapter 222, Laws of Utah 2004
44 53-3-214, as renumbered and amended by Chapter 234, Laws of Utah 1993
45 53-3-804, as last amended by Chapter 30, Laws of Utah 2003
46 53-3-807, as last amended by Chapter 30, Laws of Utah 2003
47
48 Be it enacted by the Legislature of the state of Utah:
49 Section 1. Section 53-3-104 is amended to read:
50 53-3-104. Division duties.
51 The division shall:
52 (1) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
53 make rules:
54 (a) for examining applicants for a license, as necessary for the safety and welfare of the
55 traveling public;
56 (b) for acceptable documentation of an applicant's identity, Utah residence address,
57 proof of legal presence, proof of H. [ United States ] .H citizenship H. of a country other than
57a the United States .H , and other proof or documentation
58 required under this chapter;

59 [(b)] (c) regarding the restrictions to be imposed on a person driving a motor vehicle
60 with a temporary learner permit; and
61 [(c)] (d) for exemptions from licensing requirements as authorized in this chapter;
62 (2) examine each applicant according to the class of license applied for;
63 (3) license motor vehicle drivers;
64 (4) file every application for a license received by it and shall maintain indices
65 containing:
66 (a) all applications denied and the reason each was denied;
67 (b) all applications granted; and
68 (c) the name of every licensee whose license has been suspended, disqualified, or
69 revoked by the division and the reasons for the action;
70 (5) suspend, revoke, disqualify, cancel, or deny any license issued in accordance with
71 this chapter;
72 (6) file all accident reports and abstracts of court records of convictions received by it
73 under state law;
74 (7) maintain a record of each licensee showing his convictions and the traffic accidents
75 in which he has been involved where a conviction has resulted;
76 (8) consider the record of a licensee upon an application for renewal of a license and at
77 other appropriate times;
78 (9) search the license files, compile, and furnish a report on the driving record of any
79 person licensed in the state in accordance with Section 53-3-109 ;
80 (10) develop and implement a record system as required by Section 41-6-48.5 ;
81 (11) in accordance with Section 53A-13-208 , establish:
82 (a) procedures and standards to certify teachers of driver education classes to
83 administer knowledge and skills tests;
84 (b) minimal standards for the tests; and
85 (c) procedures to enable school districts to administer or process any tests for students
86 to receive a class D operator's license;
87 (12) in accordance with Section 53-3-510 , establish:
88 (a) procedures and standards to certify licensed instructors of commercial driver
89 training school courses to administer the skills test;

90 (b) minimal standards for the test; and
91 (c) procedures to enable licensed commercial driver training schools to administer or
92 process skills tests for students to receive a class D operator's license; and
93 (13) provide administrative support to the Driver License Medical Advisory Board
94 created in Section 53-3-303 .
95 Section 2. Section 53-3-205 is amended to read:
96 53-3-205. Application for license or endorsement -- Fee required -- Tests --
97 Expiration dates of licenses and endorsements -- Information required -- Previous
98 licenses surrendered -- Driving record transferred from other states -- Reinstatement --
99 Fee required -- License agreement.
100 (1) An application for any original license, provisional license, or endorsement shall
101 be:
102 (a) made upon a form furnished by the division; and
103 (b) accompanied by a nonrefundable fee set under Section 53-3-105 .
104 (2) An application and fee for an original provisional class D license or an original
105 class D license entitle the applicant to:
106 (a) not more than three attempts to pass both the knowledge and skills tests for a class
107 D license within six months of the date of the application;
108 (b) a learner permit if needed after the knowledge test is passed; and
109 (c) an original class D license and license certificate after all tests are passed.
110 (3) An application and fee for an original class M license entitle the applicant to:
111 (a) not more than three attempts to pass both the knowledge and skills tests for a class
112 M license within six months of the date of the application;
113 (b) a learner permit if needed after the knowledge test is passed; and
114 (c) an original class M license and license certificate after all tests are passed.
115 (4) An application and fee for a motorcycle or taxicab endorsement entitle the
116 applicant to:
117 (a) not more than three attempts to pass both the knowledge and skills tests within six
118 months of the date of the application;
119 (b) a motorcycle learner permit if needed after the motorcycle knowledge test is
120 passed; and

121 (c) a motorcycle or taxicab endorsement when all tests are passed.
122 (5) An application and fees for a commercial class A, B, or C license entitle the
123 applicant to:
124 (a) not more than two attempts to pass a knowledge test and not more than two
125 attempts to pass a skills test within six months of the date of the application;
126 (b) a commercial driver instruction permit if needed after the knowledge test is passed;
127 and
128 (c) an original commercial class A, B, or C license and license certificate when all
129 applicable tests are passed.
130 (6) An application and fee for a CDL endorsement entitle the applicant to:
131 (a) not more than two attempts to pass a knowledge test and not more than two
132 attempts to pass a skills test within six months of the date of the application; and
133 (b) a CDL endorsement when all tests are passed.
134 (7) If a CDL applicant does not pass a knowledge test, skills test, or an endorsement
135 test within the number of attempts provided in Subsection (5) or (6), each test may be taken
136 two additional times within the six months for the fee provided in Section 53-3-105 .
137 (8) (a) [An] Except as provided under Subsection (8)(f), an original license expires on
138 the birth date of the applicant in the fifth year following the year the license certificate was
139 issued.
140 (b) [A] Except as provided under Subsection (8)(f), a renewal or an extension to a
141 license expires on the birth date of the licensee in the fifth year following the expiration date of
142 the license certificate renewed or extended.
143 (c) S. [ A ] Except as provided under Subsection (8)(f), a .S duplicate license expires on
143a the same date as the last license certificate issued.
144 (d) An endorsement to a license expires on the same date as the license certificate
145 regardless of the date the endorsement was granted.
146 (e) A license and any endorsement to the license held by a person ordered to active
147 duty and stationed outside Utah in any of the armed forces of the United States, which expires
148 during the time period the person is stationed outside of the state, is valid until 90 days after the
149 person has been discharged or has left the service, unless the license is suspended, disqualified,
150 denied, or has been cancelled or revoked by the division, or the licensee updates the
151 information or photograph on the license certificate.

152 (f) An original license or a renewal to an original license obtained using proof under
153 Subsection (9)(a)(i)(E)(III) expires on the date of the expiration of the applicant's foreign visa,
154 permit, or other document granting legal presence in the United States or on the date provided
155 under this Subsection (8), whichever is sooner.
156 (9) (a) In addition to the information required by Title 63, Chapter 46b, Administrative
157 Procedures Act, for requests for agency action, each applicant shall have a Utah residence
158 address and each applicant shall:
159 (i) provide the applicant's:
160 (A) full legal name;
161 (B) birth date;
162 (C) gender;
163 (D) between July 1, 2002 and July 1, 2007, race in accordance with the categories
164 established by the United States Census Bureau;
165 (E) (I) Social Security number [or];
166 (II) temporary identification number (ITIN) issued by the Internal Revenue Service for
167 a person who does not qualify for a Social Security number; or
168 (III) (Aa) proof that the applicant is a citizen of a country other than the United States;
169 (Bb) proof that the applicant does not qualify for a Social Security number; and
170 (Cc) proof of legal presence in the United States, as authorized under federal law; and
171 (F) Utah residence address [of the applicant] as documented by a form acceptable
172 under rules made by the division under Section 53-3-104 ;
173 (ii) provide a description of the applicant;
174 (iii) state whether the applicant has previously been licensed to drive a motor vehicle
175 and, if so, when and by what state or country;
176 (iv) state whether the applicant has ever had any license suspended, cancelled, revoked,
177 disqualified, or denied in the last six years, or whether the applicant has ever had any license
178 application refused, and if so, the date of and reason for the suspension, cancellation,
179 revocation, disqualification, denial, or refusal;
180 (v) state whether the applicant intends to make an anatomical gift under Title 26,
181 Chapter 28, Uniform Anatomical Gift Act, in compliance with Subsection (16);
182 (vi) provide all other information the division requires; and

183 (vii) sign the application which signature may include an electronic signature as
184 defined in Section 46-4-102 .
185 (b) The division shall maintain on its computerized records an applicant's:
186 (i) Social Security number; [or]
187 (ii) temporary identification number (ITIN)[.]; or
188 (iii) other number assigned by the division if Subsection (9)(a)(i)(E)(III) applies.
189 (c) An applicant may not be denied a license for refusing to provide race information
190 required under Subsection (9)(a)(i)(D).
191 (10) The division shall require proof of every applicant's name, birthdate, and
192 birthplace by at least one of the following means:
193 (a) current license certificate;
194 (b) birth certificate;
195 (c) Selective Service registration; or
196 (d) other proof, including church records, family Bible notations, school records, or
197 other evidence considered acceptable by the division.
198 (11) When an applicant receives a license in another class, all previous license
199 certificates shall be surrendered and canceled. However, a disqualified commercial license may
200 not be canceled unless it expires before the new license certificate is issued.
201 (12) (a) When an application is received from a person previously licensed in another
202 state to drive a motor vehicle, the division shall request a copy of the driver's record from the
203 other state.
204 (b) When received, the driver's record becomes part of the driver's record in this state
205 with the same effect as though entered originally on the driver's record in this state.
206 (13) An application for reinstatement of a license after the suspension, cancellation,
207 disqualification, denial, or revocation of a previous license shall be accompanied by the
208 additional fee or fees specified in Section 53-3-105 .
209 (14) A person who has an appointment with the division for testing and fails to keep
210 the appointment or to cancel at least 48 hours in advance of the appointment shall pay the fee
211 under Section 53-3-105 .
212 (15) A person who applies for an original license or renewal of a license agrees that the
213 person's license is subject to any suspension or revocation authorized under this title or Title

214 41, Motor Vehicles.
215 (16) (a) The indication of intent under Subsection (9)(a)(v) shall be authenticated by
216 the licensee in accordance with division rule.
217 (b) (i) Notwithstanding Title 63, Chapter 2, Government Records Access and
218 Management Act, the division may, upon request, release to an organ procurement
219 organization, as defined in Section 26-28-2 , the names and addresses of all persons who under
220 Subsection (9)(a)(v) indicate that they intend to make an anatomical gift.
221 (ii) An organ procurement organization may use released information only to:
222 (A) obtain additional information for an anatomical gift registry; and
223 (B) inform licensees of anatomical gift options, procedures, and benefits.
224 (17) The division and its employees are not liable, as a result of false or inaccurate
225 information provided under Subsection (9)(a)(v), for direct or indirect:
226 (a) loss;
227 (b) detriment; or
228 (c) injury.
229 Section 3. Section 53-3-214 is amended to read:
230 53-3-214. Renewal -- Fees required -- Extension without examination.
231 (1) (a) The holder of a valid license may renew his license and any endorsement to the
232 license by applying:
233 (i) at any time within six months before the license expires; or
234 (ii) more than six months prior to the expiration date if the applicant furnishes proof
235 that he will be absent from the state during the six-month period prior to the expiration of the
236 license.
237 (b) The application for a renewal of, extension of, or any endorsement to a license shall
238 be accompanied by a fee under Section 53-3-105 .
239 (2) (a) Except as provided under Subsections (2)(b) and (3), upon application for
240 renewal of a license, provisional license, and any endorsement to a license, the division shall
241 reexamine each applicant as if for an original license and endorsement to the license, if
242 applicable.
243 (b) The division may waive any or all portions of the test designed to demonstrate the
244 applicant's ability to exercise ordinary and reasonable control driving a motor vehicle.

245 (3) (a) Except as provided under Subsection (3)(b), the division shall extend a license,
246 any endorsement to the license, a provisional license, and any endorsement to a provisional
247 license for five years without examination for licensees whose driving records for the five years
248 immediately preceding the determination of eligibility for extension show:
249 (i) no suspensions;
250 (ii) no revocations;
251 (iii) no conviction for reckless driving under Section 41-6-45 ; and
252 (iv) no more than four reportable violations in the preceding five years.
253 (b) (i) After the expiration of a license, a new license certificate and any endorsement
254 to a license certificate may not be issued until the person has again passed the tests under
255 Section 53-3-206 and paid the required fee.
256 (ii) A person 65 years of age or older shall take and pass the eye examination specified
257 in Section 53-3-206 .
258 (iii) An extension may not be granted to any person:
259 (A) who is identified by the division as having a medical impairment that may
260 represent a hazard to public safety[.];
261 [(iv)] (B) [An extension may not be granted to any person] holding a CDL issued under
262 Part 4 of this chapter[.]; or
263 (C) whose original license was obtained using proof under Subsection
264 53-3-205 (9)(a)(i)(E)(III).
265 (c) The division shall allow extensions:
266 (i) by mail at the appropriate extension fee rate under Section 53-3-105 ;
267 (ii) only if the applicant qualifies under this section; and
268 (iii) for only one extension.
269 Section 4. Section 53-3-804 is amended to read:
270 53-3-804. Application for identification card -- Required information -- Release
271 of anatomical gift information.
272 (1) To apply for an identification card, the applicant shall have a Utah residence
273 address and appear in person at any license examining station.
274 (2) The applicant shall provide the following information to the division:
275 (a) (i) true and full legal name; and

276 (ii) Utah residence address as documented by a form acceptable under rules made by
277 the division under Section 53-3-104 ;
278 (b) date of birth as set forth in a certified copy of the applicant's birth certificate, or
279 other satisfactory evidence of birth, which shall be attached to the application;
280 (c) (i) Social Security number; [or]
281 (ii) temporary identification number (ITIN) issued by the Internal Revenue Service for
282 a person who does not qualify for a Social Security number; or
283 (iii) (A) proof that the applicant is a citizen of a country other than the United States;
284 (B) proof that the applicant does not qualify for a Social Security number; and
285 (C) proof of legal presence in the United States, as authorized under federal law;
286 (d) place of birth;
287 (e) height and weight;
288 (f) color of eyes and hair;
289 (g) between July 1, 2002 and July 1, 2007, race in accordance with the categories
290 established by the United States Census Bureau;
291 (h) signature;
292 (i) photograph; and
293 (j) an indication whether the applicant intends to make an anatomical gift under Title
294 26, Chapter 28, Uniform Anatomical Gift Act.
295 (3) The requirements of Section 53-3-234 apply to this section for each person, age 16
296 and older, applying for an identification card. Refusal to consent to the release of information
297 shall result in the denial of the identification card.
298 (4) An applicant may not be denied an identification card for refusing to provide race
299 information required under Subsection (2)(g).
300 Section 5. Section 53-3-807 is amended to read:
301 53-3-807. Expiration -- Address and name change -- Extension for disabled.
302 (1) [The] Except as provided under Subsections (6) and (7), the identification card
303 expires on the birth date of the applicant in the [tenth] fifth year following the issuance of the
304 identification card[, except as provided under Subsection (6)].
305 (2) If a person has applied for and received an identification card and subsequently
306 moves from the address shown on the application or on the card, the person shall within ten

307 days notify the division in a manner specified by the division of his new address.
308 (3) If a person has applied for and received an identification card and subsequently
309 changes his name under Title 42, Chapter 1, Change of Name, he:
310 (a) shall surrender the card to the division; and
311 (b) may apply for a new card in his new name by:
312 (i) furnishing proper documentation to the division as provided in Section 53-3-804 ;
313 and
314 (ii) paying the fee required under Section 53-3-105 .
315 (4) A person older than 21 years of age with a disability, as defined under the
316 Americans with Disabilities Act of 1990, Pub. L. 101-336, may extend the expiration date on
317 an identification card for [ten] five years if the person with a disability or an agent of the person
318 with a disability:
319 (a) requests that the division send the application form to obtain the extension or
320 requests an application form in person at the division's offices;
321 (b) completes the application;
322 (c) certifies that the extension is for a person 21 years of age or older with a disability;
323 and
324 (d) returns the application to the division together with the identification card fee
325 required under Section 53-3-105 .
326 (5) (a) [An] Except as provided under Subsection (5)(c), an identification card may
327 only be extended once.
328 (b) After an extension an application for an identification card must be applied for in
329 person at the division's offices.
330 (c) An identification card obtained using proof under Subsection 53-3-804 (2)(c)(iii)
331 may not be extended.
332 (6) [An] Except as provided in Subsection (7), an identification card issued to a person
333 65 years of age or older does not expire, but continues in effect until the death of that person.
334 (7) An identification card obtained using proof under Subsection 53-3-804 (2)(c)(iii)
335 expires on the date of the expiration of the applicant's foreign visa, permit, or other document
336 granting legal presence in the United States or the date provided under Subsection (1), which
337 ever is sooner.

338 Section 6. Effective date.
339 This bill takes effect on July 1, 2005.
339a S. Section 7. Coodinating H.B. 223 with S.B. 227.
339b If this H.B. 223 and S.B. 227, Public Safety Driving Privilege and Identification Card
339c Amendments, both pass, it is the intent of the Legislature that the Office of Legislative
339d Research and General Counsel shall prepare the Utah Code database for publication as
339e follows:
339f (1) the amendments to Sections 53-3-804 and 53-3-807 in S.B. 227 supersede the
339g amendments to Sections 53-3-804 and 53-3-807 in this bill; and
339h (2) in Section 53-3-205:
339i (a) renumber Subsection (8)(f) in S.B. 227 to (8)(g) and change the references from
339j "Subsection (8)(f)" to "Subsections (8)(f) and (g)"; and
339k (b) after Subsection (8)(g)(ii) insert the following:
339l "(iii) The expiration dates provided under Subsections (8)(g)(i) and (ii) do not apply to
339m an original license or driving privilege card or to the renewal of an original license or driving
339n privilege card with an expiration date provided under Subsection (8)(f)." .S




Legislative Review Note
as of 1-19-05 10:42 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel