H.B. 330

1

DRIVER LICENSE QUALIFICATIONS
2 AMENDMENTS
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Glenn A. Donnelson
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 . 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 . provides that a driver license or identification card obtained using a temporary
18 identification number (ITIN) may not be renewed or extended; and
19 . makes technical changes.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 This bill takes effect on July 1, 2005.
24 Utah Code Sections Affected:
25 AMENDS:
26 53-3-205, as last amended by Chapter 222, Laws of Utah 2004
27 53-3-214, as renumbered and amended by Chapter 234, Laws of Utah 1993

28 53-3-804, as last amended by Chapter 30, Laws of Utah 2003
29 53-3-807, as last amended by Chapter 30, Laws of Utah 2003
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 53-3-205 is amended to read:
33 53-3-205. Application for license or endorsement -- Fee required -- Tests --
34 Expiration dates of licenses and endorsements -- Information required -- Previous
35 licenses surrendered -- Driving record transferred from other states -- Reinstatement --
36 Fee required -- License agreement.
37 (1) An application for any original license, provisional license, or endorsement shall
38 be:
39 (a) made upon a form furnished by the division; and
40 (b) accompanied by a nonrefundable fee set under Section 53-3-105 .
41 (2) An application and fee for an original provisional class D license or an original
42 class D license entitle the applicant to:
43 (a) not more than three attempts to pass both the knowledge and skills tests for a class
44 D license within six months of the date of the application;
45 (b) a learner permit if needed after the knowledge test is passed; and
46 (c) an original class D license and license certificate after all tests are passed.
47 (3) An application and fee for an original class M license entitle the applicant to:
48 (a) not more than three attempts to pass both the knowledge and skills tests for a class
49 M license within six months of the date of the application;
50 (b) a learner permit if needed after the knowledge test is passed; and
51 (c) an original class M license and license certificate after all tests are passed.
52 (4) An application and fee for a motorcycle or taxicab endorsement entitle the
53 applicant to:
54 (a) not more than three attempts to pass both the knowledge and skills tests within six
55 months of the date of the application;
56 (b) a motorcycle learner permit if needed after the motorcycle knowledge test is
57 passed; and
58 (c) a motorcycle or taxicab endorsement when all tests are passed.

59 (5) An application and fees for a commercial class A, B, or C license entitle the
60 applicant to:
61 (a) not more than two attempts to pass a knowledge test and not more than two
62 attempts to pass a skills test within six months of the date of the application;
63 (b) a commercial driver instruction permit if needed after the knowledge test is passed;
64 and
65 (c) an original commercial class A, B, or C license and license certificate when all
66 applicable tests are passed.
67 (6) An application and fee for a CDL endorsement entitle the applicant to:
68 (a) not more than two attempts to pass a knowledge test and not more than two
69 attempts to pass a skills test within six months of the date of the application; and
70 (b) a CDL endorsement when all tests are passed.
71 (7) If a CDL applicant does not pass a knowledge test, skills test, or an endorsement
72 test within the number of attempts provided in Subsection (5) or (6), each test may be taken
73 two additional times within the six months for the fee provided in Section 53-3-105 .
74 (8) (a) An original license expires on the birth date of the applicant in the fifth year
75 following the year the license certificate was issued.
76 (b) A renewal or an extension to a license expires on the birth date of the licensee in
77 the fifth year following the expiration date of the license certificate renewed or extended.
78 (c) A duplicate license expires on the same date as the last license certificate issued.
79 (d) An endorsement to a license expires on the same date as the license certificate
80 regardless of the date the endorsement was granted.
81 (e) A license and any endorsement to the license held by a person ordered to active
82 duty and stationed outside Utah in any of the armed forces of the United States, which expires
83 during the time period the person is stationed outside of the state, is valid until 90 days after the
84 person has been discharged or has left the service, unless the license is suspended, disqualified,
85 denied, or has been cancelled or revoked by the division, or the licensee updates the
86 information or photograph on the license certificate.
87 (f) A license that was obtained using a temporary identification number (ITIN) may not
88 be renewed.
89 (9) (a) In addition to the information required by Title 63, Chapter 46b, Administrative

90 Procedures Act, for requests for agency action, each applicant shall have a Utah residence
91 address and each applicant shall:
92 (i) provide the applicant's:
93 (A) full legal name;
94 (B) birth date;
95 (C) gender;
96 (D) between July 1, 2002 and July 1, 2007, race in accordance with the categories
97 established by the United States Census Bureau;
98 (E) Social Security number [or temporary identification number (ITIN) issued by the
99 Internal Revenue Service for a person who does not qualify for a Social Security number]; and
100 (F) Utah residence address of the applicant;
101 (ii) provide a description of the applicant;
102 (iii) state whether the applicant has previously been licensed to drive a motor vehicle
103 and, if so, when and by what state or country;
104 (iv) state whether the applicant has ever had any license suspended, cancelled, revoked,
105 disqualified, or denied in the last six years, or whether the applicant has ever had any license
106 application refused, and if so, the date of and reason for the suspension, cancellation,
107 revocation, disqualification, denial, or refusal;
108 (v) state whether the applicant intends to make an anatomical gift under Title 26,
109 Chapter 28, Uniform Anatomical Gift Act, in compliance with Subsection (16);
110 (vi) provide all other information the division requires; and
111 (vii) sign the application which signature may include an electronic signature as
112 defined in Section 46-4-102 .
113 (b) The division shall maintain on its computerized records an applicant's[:(i)] Social
114 Security number[; or].
115 [(ii) temporary identification number (ITIN).]
116 (c) An applicant may not be denied a license for refusing to provide race information
117 required under Subsection (9)(a)(i)(D).
118 (10) The division shall require proof of every applicant's name, birthdate, and
119 birthplace by at least one of the following means:
120 (a) current license certificate;

121 (b) birth certificate;
122 (c) Selective Service registration; or
123 (d) other proof, including church records, family Bible notations, school records, or
124 other evidence considered acceptable by the division.
125 (11) When an applicant receives a license in another class, all previous license
126 certificates shall be surrendered and canceled. However, a disqualified commercial license may
127 not be canceled unless it expires before the new license certificate is issued.
128 (12) (a) When an application is received from a person previously licensed in another
129 state to drive a motor vehicle, the division shall request a copy of the driver's record from the
130 other state.
131 (b) When received, the driver's record becomes part of the driver's record in this state
132 with the same effect as though entered originally on the driver's record in this state.
133 (13) An application for reinstatement of a license after the suspension, cancellation,
134 disqualification, denial, or revocation of a previous license shall be accompanied by the
135 additional fee or fees specified in Section 53-3-105 .
136 (14) A person who has an appointment with the division for testing and fails to keep
137 the appointment or to cancel at least 48 hours in advance of the appointment shall pay the fee
138 under Section 53-3-105 .
139 (15) A person who applies for an original license or renewal of a license agrees that the
140 person's license is subject to any suspension or revocation authorized under this title or Title
141 41, Motor Vehicles.
142 (16) (a) The indication of intent under Subsection (9)(a)(v) shall be authenticated by
143 the licensee in accordance with division rule.
144 (b) (i) Notwithstanding Title 63, Chapter 2, Government Records Access and
145 Management Act, the division may, upon request, release to an organ procurement
146 organization, as defined in Section 26-28-2 , the names and addresses of all persons who under
147 Subsection (9)(a)(v) indicate that they intend to make an anatomical gift.
148 (ii) An organ procurement organization may use released information only to:
149 (A) obtain additional information for an anatomical gift registry; and
150 (B) inform licensees of anatomical gift options, procedures, and benefits.
151 (17) The division and its employees are not liable, as a result of false or inaccurate

152 information provided under Subsection (9)(a)(v), for direct or indirect:
153 (a) loss;
154 (b) detriment; or
155 (c) injury.
156 Section 2. Section 53-3-214 is amended to read:
157 53-3-214. Renewal -- Fees required -- Extension without examination.
158 (1) (a) The holder of a valid license may renew his license and any endorsement to the
159 license by applying:
160 (i) at any time within six months before the license expires; or
161 (ii) more than six months prior to the expiration date if the applicant furnishes proof
162 that he will be absent from the state during the six-month period prior to the expiration of the
163 license.
164 (b) The application for a renewal of, extension of, or any endorsement to a license shall
165 be accompanied by a fee under Section 53-3-105 .
166 (2) (a) Except as provided under Subsections (2)(b) and (3), upon application for
167 renewal of a license, provisional license, and any endorsement to a license, the division shall
168 reexamine each applicant as if for an original license and endorsement to the license, if
169 applicable.
170 (b) The division may waive any or all portions of the test designed to demonstrate the
171 applicant's ability to exercise ordinary and reasonable control driving a motor vehicle.
172 (3) (a) Except as provided under Subsection (3)(b), the division shall extend a license,
173 any endorsement to the license, a provisional license, and any endorsement to a provisional
174 license for five years without examination for licensees whose driving records for the five years
175 immediately preceding the determination of eligibility for extension show:
176 (i) no suspensions;
177 (ii) no revocations;
178 (iii) no conviction for reckless driving under Section 41-6-45 ; and
179 (iv) no more than four reportable violations in the preceding five years.
180 (b) (i) After the expiration of a license, a new license certificate and any endorsement
181 to a license certificate may not be issued until the person has again passed the tests under
182 Section 53-3-206 and paid the required fee.

183 (ii) A person 65 years of age or older shall take and pass the eye examination specified
184 in Section 53-3-206 .
185 (iii) An extension may not be granted to any person:
186 (A) who is identified by the division as having a medical impairment that may
187 represent a hazard to public safety[.];
188 [(iv) An extension may not be granted to any person]
189 (B) holding a CDL issued under Part 4 of this chapter[.]; or
190 (C) whose license was obtained using a temporary identification number (ITIN).
191 (c) The division shall allow extensions:
192 (i) by mail at the appropriate extension fee rate under Section 53-3-105 ;
193 (ii) only if the applicant qualifies under this section; and
194 (iii) for only one extension.
195 Section 3. Section 53-3-804 is amended to read:
196 53-3-804. Application for identification card -- Required information -- Release
197 of anatomical gift information.
198 (1) To apply for an identification card, the applicant shall have a Utah residence
199 address and appear in person at any license examining station.
200 (2) The applicant shall provide the following information to the division:
201 (a) true and full legal name and Utah residence address;
202 (b) date of birth as set forth in a certified copy of the applicant's birth certificate, or
203 other satisfactory evidence of birth, which shall be attached to the application;
204 (c) [(i)] Social Security number; [or]
205 [(ii) temporary identification number (ITIN) issued by the Internal Revenue Service for
206 a person who does not qualify for a Social Security number;]
207 (d) place of birth;
208 (e) height and weight;
209 (f) color of eyes and hair;
210 (g) between July 1, 2002 and July 1, 2007, race in accordance with the categories
211 established by the United States Census Bureau;
212 (h) signature;
213 (i) photograph; and

214 (j) an indication whether the applicant intends to make an anatomical gift under Title
215 26, Chapter 28, Uniform Anatomical Gift Act.
216 (3) The requirements of Section 53-3-234 apply to this section for each person, age 16
217 and older, applying for an identification card. Refusal to consent to the release of information
218 shall result in the denial of the identification card.
219 (4) An applicant may not be denied an identification card for refusing to provide race
220 information required under Subsection (2)(g).
221 Section 4. Section 53-3-807 is amended to read:
222 53-3-807. Expiration -- Address and name change -- Extension for disabled.
223 (1) [The] Except as provided under Subsection (6), the identification card expires on
224 the birth date of the applicant in the tenth year following the issuance of the identification
225 card[, except as provided under Subsection (6)].
226 (2) If a person has applied for and received an identification card and subsequently
227 moves from the address shown on the application or on the card, the person shall within ten
228 days notify the division in a manner specified by the division of his new address.
229 (3) If a person has applied for and received an identification card and subsequently
230 changes his name under Title 42, Chapter 1, Change of Name, he:
231 (a) shall surrender the card to the division; and
232 (b) may apply for a new card in his new name by:
233 (i) furnishing proper documentation to the division as provided in Section 53-3-804 ;
234 and
235 (ii) paying the fee required under Section 53-3-105 .
236 (4) A person older than 21 years of age with a disability, as defined under the
237 Americans with Disabilities Act of 1990, Pub. L. 101-336, may extend the expiration date on
238 an identification card for ten years if the person with a disability or an agent of the person with
239 a disability:
240 (a) requests that the division send the application form to obtain the extension or
241 requests an application form in person at the division's offices;
242 (b) completes the application;
243 (c) certifies that the extension is for a person 21 years of age or older with a disability;
244 and

245 (d) returns the application to the division together with the identification card fee
246 required under Section 53-3-105 .
247 (5) (a) [An] Except as provided under Subsection (5)(c), an identification card may
248 only be extended once.
249 (b) After an extension an application for an identification card must be applied for in
250 person at the division's offices.
251 (c) An identification card obtained using a temporary identification number (ITIN) may
252 not be extended.
253 (6) [An] Except as provided in Subsection (7), an identification card issued to a person
254 65 years of age or older does not expire, but continues in effect until the death of that person.
255 (7) An identification card obtained using a temporary identification number (ITIN)
256 expires as provided under Subsection (1) and may not be renewed.
257 Section 5. Effective date.
258 This bill takes effect on July 1, 2005.




Legislative Review Note
as of 2-3-05 7:18 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