S.B. 227 Enrolled

PUBLIC SAFETY DRIVING PRIVILEGE AND
IDENTIFICATION CARD AMENDMENTS
2005 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis S. Bramble
House Sponsor: Rebecca D. Lockhart

LONG TITLE
General Description:
This bill modifies the Public Safety Code by amending driver license and identification
card provisions.
Highlighted Provisions:
This bill:
. requires the Driver License Division to make rules for acceptable documentation of
an applicant's identity, Utah residency, Utah residence address, proof of legal
presence, and proof of citizenship;
. prohibits the Driver License Division from issuing a driver license, driving privilege
card, or identification card to a person who is not a Utah resident;
. defines driving privilege card as the evidence of the privilege granted to drive a
motor vehicle;
. requires the Driver License Division to:
. only issue a driving privilege card to a person who did not use a Social Security
number to obtain a driving privilege; and
. distinguish a driving privilege card from a license certificate by:
. use a format, color, font, or other means to clearly distinguish the driving
privilege card from other driver licenses; and
. clearly display on the front of the driving privilege card a phrase substantially
similar to "FOR DRIVING PRIVILEGES ONLY -- NOT VALID FOR
IDENTIFICATION";

. prohibits a governmental entity from accepting a driving privilege card as proof of
personal identification;
. repeals, as a substitute for a Social Security number, the use of a temporary
identification number (ITIN) issued by the Internal Revenue Service for purposes of
obtaining an identification card issued by the Driver License Division;
. provides that a driver license certificate expires on the person's next birthday after
July 1, 2005 if:
. the driver license was obtained without using a Social Security number; and
. the driver license certificate or driving privilege card is not distinguished in
certain ways by the division;
. provides that a driving privilege card expires on the birth date of the applicant each
year;
. provides that an identification card that was obtained without using a Social Security
number expires on July 1, 2005; and
. make technical changes.
Monies Appropriated in this Bill:
None
Other Special Clauses:
This bill provides an immediate effective date.
Utah Code Sections Affected:
AMENDS:
53-3-104, as last amended by Chapter 85, Laws of Utah 2001
53-3-204, as last amended by Chapter 30, Laws of Utah 2003
53-3-205, as last amended by Chapter 222, Laws of Utah 2004
53-3-207, as last amended by Chapter 144, Laws of Utah 2004
53-3-804, as last amended by Chapter 30, Laws of Utah 2003
53-3-807, as last amended by Chapter 30, Laws of Utah 2003

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53-3-104 is amended to read:
53-3-104. Division duties.
The division shall:
(1) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act,
make rules:
(a) for examining applicants for a license, as necessary for the safety and welfare of the
traveling public;
(b) for acceptable documentation of an applicant's identity, Utah resident status, Utah
residence address, proof of legal presence, proof of citizenship, and other proof or documentation
required under this chapter;
[(b)] (c) regarding the restrictions to be imposed on a person driving a motor vehicle with
a temporary learner permit; and
[(c)] (d) for exemptions from licensing requirements as authorized in this chapter;
(2) examine each applicant according to the class of license applied for;
(3) license motor vehicle drivers;
(4) file every application for a license received by it and shall maintain indices
containing:
(a) all applications denied and the reason each was denied;
(b) all applications granted; and
(c) the name of every licensee whose license has been suspended, disqualified, or
revoked by the division and the reasons for the action;
(5) suspend, revoke, disqualify, cancel, or deny any license issued in accordance with this
chapter;
(6) file all accident reports and abstracts of court records of convictions received by it
under state law;
(7) maintain a record of each licensee showing his convictions and the traffic accidents in
which he has been involved where a conviction has resulted;

(8) consider the record of a licensee upon an application for renewal of a license and at
other appropriate times;
(9) search the license files, compile, and furnish a report on the driving record of any
person licensed in the state in accordance with Section 53-3-109 ;
(10) develop and implement a record system as required by Section 41-6-48.5 ;
(11) in accordance with Section 53A-13-208 , establish:
(a) procedures and standards to certify teachers of driver education classes to administer
knowledge and skills tests;
(b) minimal standards for the tests; and
(c) procedures to enable school districts to administer or process any tests for students to
receive a class D operator's license;
(12) in accordance with Section 53-3-510 , establish:
(a) procedures and standards to certify licensed instructors of commercial driver training
school courses to administer the skills test;
(b) minimal standards for the test; and
(c) procedures to enable licensed commercial driver training schools to administer or
process skills tests for students to receive a class D operator's license; and
(13) provide administrative support to the Driver License Medical Advisory Board
created in Section 53-3-303 .
Section 2. Section 53-3-204 is amended to read:
53-3-204. Persons who may not be licensed.
(1) (a) The division may not license a person who:
(i) is younger than 16 years of age;
(ii) has not completed a course in driver training approved by the commissioner; or
(iii) if the person is a minor, has not completed the driving requirement under Section
53-3-211 [.]; or
(iv) is not a resident of the state of Utah.
(b) [Subsection] Subsections (1)(a)(i), (ii), and (iii) [does] do not apply to a person:

(i) who has been licensed before July 1, 1967;
(ii) who is 16 years of age or older making application for a license who has been
licensed in another state or country; or
(iii) who is applying for a permit under Section 53-3-210 or 53A-13-208 .
(2) The division may not issue a license certificate to a person:
(a) whose license has been suspended, denied, cancelled, or disqualified during the
period of suspension, denial, cancellation, or disqualification;
(b) whose privilege has been revoked, except as provided in Section 53-3-225 ;
(c) who has previously been adjudged mentally incompetent and who has not at the time
of application been restored to competency as provided by law;
(d) who is required by this chapter to take an examination unless the person successfully
passes the examination; or
(e) whose driving privileges have been denied or suspended under:
(i) Section 78-3a-506 by an order of the juvenile court; or
(ii) Section 53-3-231 .
(3) The division may grant a class D or M license to a person whose commercial license
is disqualified under Part 4 of this chapter if the person is not otherwise sanctioned under this
chapter.
Section 3. Section 53-3-205 is amended to read:
53-3-205. Application for license or endorsement -- Fee required -- Tests --
Expiration dates of licenses and endorsements -- Information required -- Previous licenses
surrendered -- Driving record transferred from other states -- Reinstatement -- Fee
required -- License agreement.
(1) An application for any original license, provisional license, or endorsement shall be:
(a) made upon a form furnished by the division; and
(b) accompanied by a nonrefundable fee set under Section 53-3-105 .
(2) An application and fee for an original provisional class D license or an original class
D license entitle the applicant to:

(a) not more than three attempts to pass both the knowledge and skills tests for a class D
license within six months of the date of the application;
(b) a learner permit if needed after the knowledge test is passed; and
(c) an original class D license and license certificate after all tests are passed.
(3) An application and fee for an original class M license entitle the applicant to:
(a) not more than three attempts to pass both the knowledge and skills tests for a class M
license within six months of the date of the application;
(b) a learner permit if needed after the knowledge test is passed; and
(c) an original class M license and license certificate after all tests are passed.
(4) An application and fee for a motorcycle or taxicab endorsement entitle the applicant
to:
(a) not more than three attempts to pass both the knowledge and skills tests within six
months of the date of the application;
(b) a motorcycle learner permit if needed after the motorcycle knowledge test is passed;
and
(c) a motorcycle or taxicab endorsement when all tests are passed.
(5) An application and fees for a commercial class A, B, or C license entitle the applicant
to:
(a) not more than two attempts to pass a knowledge test and not more than two attempts
to pass a skills test within six months of the date of the application;
(b) a commercial driver instruction permit if needed after the knowledge test is passed;
and
(c) an original commercial class A, B, or C license and license certificate when all
applicable tests are passed.
(6) An application and fee for a CDL endorsement entitle the applicant to:
(a) not more than two attempts to pass a knowledge test and not more than two attempts
to pass a skills test within six months of the date of the application; and
(b) a CDL endorsement when all tests are passed.

(7) If a CDL applicant does not pass a knowledge test, skills test, or an endorsement test
within the number of attempts provided in Subsection (5) or (6), each test may be taken two
additional times within the six months for the fee provided in Section 53-3-105 .
(8) (a) [An] Except as provided under Subsection (8)(f), an original license expires on
the birth date of the applicant in the fifth year following the year the license certificate was
issued.
(b) [A] Except as provided under Subsection (8)(f), a renewal or an extension to a license
expires on the birth date of the licensee in the fifth year following the expiration date of the
license certificate renewed or extended.
(c) [A] Except as provided under Subsection (8)(f), a duplicate license expires on the
same date as the last license certificate issued.
(d) An endorsement to a license expires on the same date as the license certificate
regardless of the date the endorsement was granted.
(e) A license and any endorsement to the license held by a person ordered to active duty
and stationed outside Utah in any of the armed forces of the United States, which expires during
the time period the person is stationed outside of the state, is valid until 90 days after the person
has been discharged or has left the service, unless the license is suspended, disqualified, denied,
or has been cancelled or revoked by the division, or the licensee updates the information or
photograph on the license certificate.
(f) (i) An original license or a renewal or a duplicate to an original license expires on the
next birth date of the applicant or licensee beginning on July 1, 2005 if:
(A) the license was obtained without using a Social Security number as required under
Subsection (9); and
(B) the license certificate or driving privilege card is not clearly distinguished as required
under Subsection 53-3-207 (6).
(ii) A driving privilege card issued or renewed under Section 53-3-207 expires on the
birth date of the applicant in the first year following the year that the driving privilege card was
issued or renewed.

(9) (a) In addition to the information required by Title 63, Chapter 46b, Administrative
Procedures Act, for requests for agency action, each applicant shall have a Utah residence
address and each applicant shall:
(i) provide the applicant's:
(A) full legal name;
(B) birth date;
(C) gender;
(D) between July 1, 2002 and July 1, 2007, race in accordance with the categories
established by the United States Census Bureau;
(E) Social Security number or temporary identification number (ITIN) issued by the
Internal Revenue Service for a person who does not qualify for a Social Security number; and
(F) Utah residence address of the applicant;
(ii) provide a description of the applicant;
(iii) state whether the applicant has previously been licensed to drive a motor vehicle
and, if so, when and by what state or country;
(iv) state whether the applicant has ever had any license suspended, cancelled, revoked,
disqualified, or denied in the last six years, or whether the applicant has ever had any license
application refused, and if so, the date of and reason for the suspension, cancellation, revocation,
disqualification, denial, or refusal;
(v) state whether the applicant intends to make an anatomical gift under Title 26, Chapter
28, Uniform Anatomical Gift Act, in compliance with Subsection (16);
(vi) provide all other information the division requires; and
(vii) sign the application which signature may include an electronic signature as defined
in Section 46-4-102 .
(b) The division shall maintain on its computerized records an applicant's:
(i) Social Security number; or
(ii) temporary identification number (ITIN).
(c) An applicant may not be denied a license for refusing to provide race information

required under Subsection (9)(a)(i)(D).
(10) The division shall require proof of every applicant's name, birthdate, and birthplace
by at least one of the following means:
(a) current license certificate;
(b) birth certificate;
(c) Selective Service registration; or
(d) other proof, including church records, family Bible notations, school records, or other
evidence considered acceptable by the division.
(11) When an applicant receives a license in another class, all previous license
certificates shall be surrendered and canceled. However, a disqualified commercial license may
not be canceled unless it expires before the new license certificate is issued.
(12) (a) When an application is received from a person previously licensed in another
state to drive a motor vehicle, the division shall request a copy of the driver's record from the
other state.
(b) When received, the driver's record becomes part of the driver's record in this state
with the same effect as though entered originally on the driver's record in this state.
(13) An application for reinstatement of a license after the suspension, cancellation,
disqualification, denial, or revocation of a previous license shall be accompanied by the
additional fee or fees specified in Section 53-3-105 .
(14) A person who has an appointment with the division for testing and fails to keep the
appointment or to cancel at least 48 hours in advance of the appointment shall pay the fee under
Section 53-3-105 .
(15) A person who applies for an original license or renewal of a license agrees that the
person's license is subject to any suspension or revocation authorized under this title or Title 41,
Motor Vehicles.
(16) (a) The indication of intent under Subsection (9)(a)(v) shall be authenticated by the
licensee in accordance with division rule.
(b) (i) Notwithstanding Title 63, Chapter 2, Government Records Access and

Management Act, the division may, upon request, release to an organ procurement organization,
as defined in Section 26-28-2 , the names and addresses of all persons who under Subsection
(9)(a)(v) indicate that they intend to make an anatomical gift.
(ii) An organ procurement organization may use released information only to:
(A) obtain additional information for an anatomical gift registry; and
(B) inform licensees of anatomical gift options, procedures, and benefits.
(17) The division and its employees are not liable, as a result of false or inaccurate
information provided under Subsection (9)(a)(v), for direct or indirect:
(a) loss;
(b) detriment; or
(c) injury.
Section 4. Section 53-3-207 is amended to read:
53-3-207. License certificates or driving privilege cards issued to drivers by class of
motor vehicle -- Contents -- Release of anatomical gift information -- Temporary licenses or
driving privilege cards -- Minors' licenses, cards, and permits -- Violation.
(1) As used in this section:
(a) "driving privilege" means the privilege granted under this chapter to drive a motor
vehicle;
(b) "driving privilege card" means the evidence of the privilege granted and issued under
this chapter to drive a motor vehicle;
(c) "governmental entity" means the state and its political subdivisions as defined in this
Subsection (1);
(d) "political subdivision" means any county, city, town, school district, public transit
district, redevelopment agency, special improvement or taxing district, special district, an entity
created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation
Act, or other governmental subdivision or public corporation; and
(e) "state" means this state, and includes any office, department, agency, authority,
commission, board, institution, hospital, college, university, children's justice center, or other

instrumentality of the state.
[(1)] (2) (a) The division shall issue to every person privileged to drive a motor vehicle, a
license certificate or a driving privilege card indicating the type or class of motor vehicle the
[licensee] person may drive.
(b) A person may not drive a class of motor vehicle unless [licensed] granted the
privilege in that class.
[(2)] (3) (a) Every license certificate or driving privilege card shall bear:
(i) the distinguishing number assigned to the [licensee] person by the division;
(ii) the name, birth date, and Utah residence address of the [licensee] person;
(iii) a brief description of the [licensee] person for the purpose of identification;
(iv) any restrictions imposed on the license under Section 53-3-208 ;
(v) a photograph of the [licensee] person;
(vi) a photograph or other facsimile of the [licensee's] person's signature; and
(vii) an indication whether the [licensee] person intends to make an anatomical gift under
Title 26, Chapter 28, Uniform Anatomical Gift Act, unless the [license] driving privilege is
extended under Subsection 53-3-214 (3).
(b) A new license certificate issued by the division may not bear the [licensee's] person's
Social Security number.
(c) (i) The license certificate or driving privilege card shall be of an impervious material,
resistant to wear, damage, and alteration.
(ii) Except as provided under Subsection (4)(b), the size, form, and color of the license
certificate or driving privilege card shall be as prescribed by the commissioner.
(iii) The commissioner may also prescribe the issuance of a special type of limited
license certificate or driving privilege card under Subsection 53-3-220 (4) and may authorize the
issuance of a renewed or duplicate license certificate or driving privilege card without a picture if
the applicant is not then living in the state.
[(3)] (4) (a) (i) The division upon determining after an examination that an applicant is
mentally and physically qualified to be granted a [license] driving privilege may issue to an

applicant a receipt for the fee.
(ii) The receipt serves as a temporary license certificate or temporary driving privilege
card allowing [him] the person to drive a motor vehicle while the division is completing its
investigation to determine whether [he] the person is entitled to be [licensed] granted a driving
privilege.
(b) The receipt shall be in [his] the person's immediate possession while driving a motor
vehicle, and it is invalid when the [applicant's] person's license certificate or driving privilege
card has been issued or when, for good cause, the privilege has been refused.
(c) The division shall indicate on the receipt a date after which it is not valid as a license
certificate or driving privilege card.
[(4)] (5) (a) The division shall distinguish learner permits, temporary permits, [and]
license certificates, and driving privilege cards issued to any person younger than 21 years of age
by use of plainly printed information or the use of a color or other means not used for other
license certificates or driving privilege cards.
(b) The division shall distinguish a license certificate or driving privilege card issued to
any person:
(i) younger than 21 years of age by use of a portrait-style format not used for other
license certificates or driving privilege cards and by plainly printing the date the license
certificate or driving privilege card holder is 21 years of age, which is the legal age for
purchasing an alcoholic beverage or product under Section 32A-12-203 ; and
(ii) younger than 19 years of age, by plainly printing the date the license certificate or
driving privilege card holder is 19 years of age, which is the legal age for purchasing tobacco
products under Section 76-10-104 .
(6) (a) The division shall only issue a driving privilege card to a person whose privilege
was obtained without using a Social Security number as required under Subsection 53-3-205 (9).
(b) The division shall distinguish a driving privilege card from a license certificate by:
(i) use of a format, color, font, or other means; and
(ii) clearly displaying on the front of the driving privilege card a phrase substantially

similar to "FOR DRIVING PRIVILEGES ONLY -- NOT VALID FOR IDENTIFICATION".
[(c)] (7) The provisions of Subsection [(4)] (5)(b) do not apply to a learner permit,
temporary permit, or any other temporary permit or receipt issued by the division.
[(5)] (8) The division shall issue temporary license certificates or temporary driving
privilege cards of the same nature, except as to duration, as the license certificates or driving
privilege cards that they temporarily replace, as are necessary to implement applicable provisions
of this section and Section 53-3-223 .
(9) A governmental entity may not accept a driving privilege card as proof of personal
identification.
[(6)] (10) A person who violates Subsection [(1)] (2)(b) is guilty of a class C
misdemeanor.
(11) Except as provided under this section, the provisions, requirements, classes,
endorsements, fees, restrictions, and sanctions under this code apply to a:
(a) driving privilege in the same way as a license issued under this chapter; and
(b) driving privilege card in the same way as a license certificate issued under this
chapter.
Section 5. Section 53-3-804 is amended to read:
53-3-804. Application for identification card -- Required information -- Release of
anatomical gift information.
(1) To apply for an identification card, the applicant shall:
(a) be a Utah resident;
(b) have a Utah residence address; and
(c) appear in person at any license examining station.
(2) The applicant shall provide the following information to the division:
(a) true and full legal name and Utah residence address;
(b) date of birth as set forth in a certified copy of the applicant's birth certificate, or other
satisfactory evidence of birth, which shall be attached to the application;
(c) [(i)] Social Security number; [or]

[(ii) temporary identification number (ITIN) issued by the Internal Revenue Service for a
person who does not qualify for a Social Security number;]
(d) place of birth;
(e) height and weight;
(f) color of eyes and hair;
(g) between July 1, 2002 and July 1, 2007, race in accordance with the categories
established by the United States Census Bureau;
(h) signature;
(i) photograph; and
(j) an indication whether the applicant intends to make an anatomical gift under Title 26,
Chapter 28, Uniform Anatomical Gift Act.
(3) The requirements of Section 53-3-234 apply to this section for each person, age 16
and older, applying for an identification card. Refusal to consent to the release of information
shall result in the denial of the identification card.
(4) An applicant may not be denied an identification card for refusing to provide race
information required under Subsection (2)(g).
Section 6. Section 53-3-807 is amended to read:
53-3-807. Expiration -- Address and name change -- Extension for disabled.
(1) The identification card expires on the birth date of the applicant in the tenth year
following the issuance of the identification card, except as provided under Subsection (6).
(2) If a person has applied for and received an identification card and subsequently
moves from the address shown on the application or on the card, the person shall within ten days
notify the division in a manner specified by the division of his new address.
(3) If a person has applied for and received an identification card and subsequently
changes his name under Title 42, Chapter 1, Change of Name, he:
(a) shall surrender the card to the division; and
(b) may apply for a new card in his new name by:
(i) furnishing proper documentation to the division as provided in Section 53-3-804 ; and

(ii) paying the fee required under Section 53-3-105 .
(4) A person older than 21 years of age with a disability, as defined under the Americans
with Disabilities Act of 1990, Pub. L. 101-336, may extend the expiration date on an
identification card for ten years if the person with a disability or an agent of the person with a
disability:
(a) requests that the division send the application form to obtain the extension or requests
an application form in person at the division's offices;
(b) completes the application;
(c) certifies that the extension is for a person 21 years of age or older with a disability;
and
(d) returns the application to the division together with the identification card fee
required under Section 53-3-105 .
(5) (a) An identification card may only be extended once.
(b) After an extension an application for an identification card must be applied for in
person at the division's offices.
(6) An identification card issued to a person 65 years of age or older does not expire, but
continues in effect until the death of that person.
(7) Notwithstanding the provisions of this section, an identification card that was
obtained without using a Social Security number as required under Subsection 53-3-804 (2)
expires on July 1, 2005.
Section 7. Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
date of veto override.