H.B. 64

This document includes House Committee Amendments incorporated into the bill on Mon, Feb 13, 2006 at 10:46 AM by chopkin. --> 1

DRIVER LICENSE QUALIFICATION
2 AMENDMENTS
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Glenn A. Donnelson
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Public Safety Code by amending driver license provisions.
11 Highlighted Provisions:
12 This bill:
13 . repeals the use of a temporary identification number (ITIN) issued by the Internal
14 Revenue Service for purposes of obtaining a driving privilege card issued by the
15 Driver License Division;
16 . expires all driving privilege cards on December 31, 2006;
17 . increases from six to ten years the time period for which an applicant for a driver
18 license must report a license suspension, cancellation, revocation, disqualification,
19 or denial;
20 . prohibits the Driver License Division from issuing a driving privilege card; and
21 . makes technical changes.
22 Monies Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 This bill provides an immediate effective date.
26 This bill provides revisor instructions.
27 Utah Code Sections Affected:

28 AMENDS:
29 53-3-205, as last amended by Chapters 20 and 34, Laws of Utah 2005
30 53-3-207, as last amended by Chapter 20, Laws of Utah 2005
31 53-3-214, as last amended by Chapters 2 and 34, Laws of Utah 2005
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 53-3-205 is amended to read:
35 53-3-205. Application for license or endorsement -- Fee required -- Tests --
36 Expiration dates of licenses and endorsements -- Information required -- Previous
37 licenses surrendered -- Driving record transferred from other states -- Reinstatement --
38 Fee required -- License agreement.
39 (1) An application for any original license, provisional license, or endorsement shall
40 be:
41 (a) made upon a form furnished by the division; and
42 (b) accompanied by a nonrefundable fee set under Section 53-3-105 .
43 (2) An application and fee for an original provisional class D license or an original
44 class D license entitle the applicant to:
45 (a) not more than three attempts to pass both the knowledge and skills tests for a class
46 D license within six months of the date of the application;
47 (b) a learner permit if needed after the knowledge test is passed; and
48 (c) an original class D license and license certificate after all tests are passed.
49 (3) An application and fee for an original class M license entitle the applicant to:
50 (a) not more than three attempts to pass both the knowledge and skills tests for a class
51 M license within six months of the date of the application;
52 (b) a learner permit if needed after the knowledge test is passed; and
53 (c) an original class M license and license certificate after all tests are passed.
54 (4) An application and fee for a motorcycle or taxicab endorsement entitle the
55 applicant to:
56 (a) not more than three attempts to pass both the knowledge and skills tests within six
57 months of the date of the application;
58 (b) a motorcycle learner permit if needed after the motorcycle knowledge test is

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

90 denied, or has been cancelled or revoked by the division, or the licensee updates the
91 information or photograph on the license certificate.
92 (f) An original license or a renewal or a duplicate to an original license obtained using
93 proof under Subsection (9)(a)(i)(E)[(III)] (II) expires on the date of the expiration of the
94 applicant's foreign visa, permit, or other document granting legal presence in the United States
95 or on the date provided under this Subsection (8), whichever is sooner.
96 (g) (i) An original license or a renewal or a duplicate to an original license expires on
97 the next birth date of the applicant or licensee beginning on July 1, 2005 if[: (A)] the license
98 was obtained [without] using a [Social Security] H. [ temporary identification (ITIN) number ]
98a temporary identification number (ITIN) .H [as
99 required under Subsection (9); and] issued by the Internal Revenue Service for a person who
100 does not qualify for a Social Security number.
101 [(B) the license certificate or driving privilege card is not clearly distinguished as
102 required under Subsection 53-3-207 (6).]
103 (ii) A driving privilege card issued or renewed [under Section 53-3-207 ] by the
104 division expires on [the birth date of the applicant in the first year following the year that the
105 driving privilege card was issued or renewed] December 31, 2006.
106 [(iii) The expiration dates provided under Subsections (8)(g)(i) and (ii) do not apply to
107 an original license or driving privilege card or to the renewal of an original license or driving
108 privilege card with an expiration date provided under Subsection (8)(f).]
109 (9) (a) In addition to the information required by Title 63, Chapter 46b, Administrative
110 Procedures Act, for requests for agency action, each applicant shall have a Utah residence
111 address and each applicant shall:
112 (i) provide the applicant's:
113 (A) full legal name;
114 (B) birth date;
115 (C) gender;
116 (D) between July 1, 2002 and July 1, 2007, race in accordance with the categories
117 established by the United States Census Bureau;
118 (E) (I) Social Security number; or
119 [(II) temporary identification number (ITIN) issued by the Internal Revenue Service for
120 a person who does not qualify for a Social Security number; or]

121 [(III)] (II) (Aa) proof that the applicant is a citizen of a country other than the United
122 States;
123 (Bb) proof that the applicant does not qualify for a Social Security number; and
124 (Cc) proof of legal presence in the United States, as authorized under federal law; and
125 (F) Utah residence address as documented by a form acceptable under rules made by
126 the division under Section 53-3-104 ;
127 (ii) provide a description of the applicant;
128 (iii) state whether the applicant has previously been licensed to drive a motor vehicle
129 and, if so, when and by what state or country;
130 (iv) state whether the applicant has ever had any license suspended, cancelled, revoked,
131 disqualified, or denied in the last [six] ten years, or whether the applicant has ever had any
132 license application refused, and if so, the date of and reason for the suspension, cancellation,
133 revocation, disqualification, denial, or refusal;
134 (v) state whether the applicant intends to make an anatomical gift under Title 26,
135 Chapter 28, Uniform Anatomical Gift Act, in compliance with Subsection (16);
136 (vi) provide all other information the division requires; and
137 (vii) sign the application which signature may include an electronic signature as
138 defined in Section 46-4-102 .
139 (b) The division shall maintain on its computerized records an applicant's:
140 (i) Social Security number; or
141 [(ii) temporary identification number (ITIN); or]
142 [(iii)] (ii) other number assigned by the division if Subsection (9)(a)(i)(E)[(III)] (II)
143 applies.
144 (c) An applicant may not be denied a license for refusing to provide race information
145 required under Subsection (9)(a)(i)(D).
146 (10) The division shall require proof of every applicant's name, birthdate, and
147 birthplace by at least one of the following means:
148 (a) current license certificate;
149 (b) birth certificate;
150 (c) Selective Service registration; or
151 (d) other proof, including church records, family Bible notations, school records, or

152 other evidence considered acceptable by the division.
153 (11) When an applicant receives a license in another class, all previous license
154 certificates shall be surrendered and canceled. However, a disqualified commercial license may
155 not be canceled unless it expires before the new license certificate is issued.
156 (12) (a) When an application is received from a person previously licensed in another
157 state to drive a motor vehicle, the division shall request a copy of the driver's record from the
158 other state.
159 (b) When received, the driver's record becomes part of the driver's record in this state
160 with the same effect as though entered originally on the driver's record in this state.
161 (13) An application for reinstatement of a license after the suspension, cancellation,
162 disqualification, denial, or revocation of a previous license shall be accompanied by the
163 additional fee or fees specified in Section 53-3-105 .
164 (14) A person who has an appointment with the division for testing and fails to keep
165 the appointment or to cancel at least 48 hours in advance of the appointment shall pay the fee
166 under Section 53-3-105 .
167 (15) A person who applies for an original license or renewal of a license agrees that the
168 person's license is subject to any suspension or revocation authorized under this title or Title
169 41, Motor Vehicles.
170 (16) (a) The indication of intent under Subsection (9)(a)(v) shall be authenticated by
171 the licensee in accordance with division rule.
172 (b) (i) Notwithstanding Title 63, Chapter 2, Government Records Access and
173 Management Act, the division may, upon request, release to an organ procurement
174 organization, as defined in Section 26-28-2 , the names and addresses of all persons who under
175 Subsection (9)(a)(v) indicate that they intend to make an anatomical gift.
176 (ii) An organ procurement organization may use released information only to:
177 (A) obtain additional information for an anatomical gift registry; and
178 (B) inform licensees of anatomical gift options, procedures, and benefits.
179 (17) The division and its employees are not liable, as a result of false or inaccurate
180 information provided under Subsection (9)(a)(v), for direct or indirect:
181 (a) loss;
182 (b) detriment; or

183 (c) injury.
184 Section 2. Section 53-3-207 is amended to read:
185 53-3-207. License certificates issued to drivers by class of motor vehicle --
186 Contents -- Release of anatomical gift information -- Temporary licenses or driving
187 privilege cards -- Minors' licenses, cards, and permits -- Violation.
188 (1) As used in this section:
189 (a) "driving privilege" means the privilege granted under this chapter to drive a motor
190 vehicle;
191 (b) "driving privilege card" means the evidence of the privilege granted and issued
192 under this chapter to drive a motor vehicle;
193 (c) "governmental entity" means the state and its political subdivisions as defined in
194 this Subsection (1);
195 (d) "political subdivision" means any county, city, town, school district, public transit
196 district, redevelopment agency, special improvement or taxing district, special district, an entity
197 created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation
198 Act, or other governmental subdivision or public corporation; and
199 (e) "state" means this state, and includes any office, department, agency, authority,
200 commission, board, institution, hospital, college, university, children's justice center, or other
201 instrumentality of the state.
202 (2) (a) The division shall issue to every person privileged to drive a motor vehicle, a
203 license certificate [or a driving privilege card] indicating the type or class of motor vehicle the
204 person may drive.
205 (b) A person may not drive a class of motor vehicle unless [granted the privilege]
206 licensed in that class.
207 (3) (a) Every license certificate [or driving privilege card] shall bear:
208 (i) the distinguishing number assigned to the person by the division;
209 (ii) the name, birth date, and Utah residence address of the person;
210 (iii) a brief description of the person for the purpose of identification;
211 (iv) any restrictions imposed on the license under Section 53-3-208 ;
212 (v) a photograph of the person;
213 (vi) a photograph or other facsimile of the person's signature; and

214 (vii) an indication whether the person intends to make an anatomical gift under Title
215 26, Chapter 28, Uniform Anatomical Gift Act, unless the [driving privilege] license is extended
216 under Subsection 53-3-214 (3).
217 (b) A new license certificate issued by the division may not bear the person's Social
218 Security number.
219 (c) (i) The license certificate [or driving privilege card] shall be of an impervious
220 material, resistant to wear, damage, and alteration.
221 (ii) Except as provided under Subsection (4)(b), the size, form, and color of the license
222 certificate [or driving privilege card] shall be as prescribed by the commissioner.
223 (iii) The commissioner may also prescribe the issuance of a special type of limited
224 license certificate [or driving privilege card] under Subsection 53-3-220 (4) and may authorize
225 the issuance of a renewed or duplicate license certificate [or driving privilege card] without a
226 picture if the applicant is not then living in the state.
227 (4) (a) (i) The division upon determining after an examination that an applicant is
228 mentally and physically qualified to be granted a [driving privilege] license may issue to an
229 applicant a receipt for the fee.
230 (ii) The receipt serves as a temporary license certificate [or temporary driving privilege
231 card] allowing the person to drive a motor vehicle while the division is completing its
232 investigation to determine whether the person is entitled to be [granted a driving privilege]
233 licensed.
234 (b) The receipt shall be in the person's immediate possession while driving a motor
235 vehicle, and it is invalid when the person's license certificate [or driving privilege card] has
236 been issued or when, for good cause, the privilege has been refused.
237 (c) The division shall indicate on the receipt a date after which it is not valid as a
238 license certificate [or driving privilege card].
239 (5) (a) The division shall distinguish learner permits, temporary permits, and license
240 certificates[, and driving privilege cards] issued to any person younger than 21 years of age by
241 use of plainly printed information or the use of a color or other means not used for other license
242 certificates [or driving privilege cards].
243 (b) The division shall distinguish a license certificate [or driving privilege card] issued
244 to any person:

245 (i) younger than 21 years of age by use of a portrait-style format not used for other
246 license certificates [or driving privilege cards] and by plainly printing the date the license
247 certificate [or driving privilege card] holder is 21 years of age, which is the legal age for
248 purchasing an alcoholic beverage or product under Section 32A-12-203 ; and
249 (ii) younger than 19 years of age, by plainly printing the date the license certificate [or
250 driving privilege card] holder is 19 years of age, which is the legal age for purchasing tobacco
251 products under Section 76-10-104 .
252 [(6) (a) The division shall only issue a driving privilege card to a person whose
253 privilege was obtained without using a Social Security number as required under Subsection
254 53-3-205 (9).]
255 [(b) The division shall distinguish a driving privilege card from a license certificate
256 by:]
257 [(i) use of a format, color, font, or other means; and]
258 [(ii) clearly displaying on the front of the driving privilege card a phrase substantially
259 similar to "FOR DRIVING PRIVILEGES ONLY -- NOT VALID FOR IDENTIFICATION".]
260 [(7)] (c) The provisions of Subsection (5)(b) do not apply to a learner permit,
261 temporary permit, or any other temporary permit or receipt issued by the division.
262 [(8)] (6) The division shall issue temporary license certificates [or temporary driving
263 privilege cards] of the same nature, except as to duration, as the license certificates [or driving
264 privilege cards] that they temporarily replace, as are necessary to implement applicable
265 provisions of [this section and] Section 53-3-223 .
266 (7) Beginning on the effective date of this section, the division may not issue a driving
267 privilege card.
268 [(9)] (8) A governmental entity may not accept a driving privilege card as proof of
269 personal identification.
270 [(10)] (9) A person who violates Subsection (2)(b) is guilty of a class C misdemeanor.
271 [(11)] (10) Except as provided under this section, the provisions, requirements, classes,
272 endorsements, fees, restrictions, and sanctions under this code apply to a:
273 (a) driving privilege in the same way as a license issued under this chapter; and
274 (b) driving privilege card in the same way as a license certificate issued under this
275 chapter.

276 Section 3. Section 53-3-214 is amended to read:
277 53-3-214. Renewal -- Fees required -- Extension without examination.
278 (1) (a) The holder of a valid license may renew his license and any endorsement to the
279 license by applying:
280 (i) at any time within six months before the license expires; or
281 (ii) more than six months prior to the expiration date if the applicant furnishes proof
282 that he will be absent from the state during the six-month period prior to the expiration of the
283 license.
284 (b) The application for a renewal of, extension of, or any endorsement to a license shall
285 be accompanied by a fee under Section 53-3-105 .
286 (2) (a) Except as provided under Subsections (2)(b) and (3), upon application for
287 renewal of a license, provisional license, and any endorsement to a license, the division shall
288 reexamine each applicant as if for an original license and endorsement to the license, if
289 applicable.
290 (b) The division may waive any or all portions of the test designed to demonstrate the
291 applicant's ability to exercise ordinary and reasonable control driving a motor vehicle.
292 (3) (a) Except as provided under Subsection (3)(b), the division shall extend a license,
293 any endorsement to the license, a provisional license, and any endorsement to a provisional
294 license for five years without examination for licensees whose driving records for the five years
295 immediately preceding the determination of eligibility for extension show:
296 (i) no suspensions;
297 (ii) no revocations;
298 (iii) no conviction for reckless driving under Section 41-6a-528 ; and
299 (iv) no more than four reportable violations in the preceding five years.
300 (b) (i) After the expiration of a license, a new license certificate and any endorsement
301 to a license certificate may not be issued until the person has again passed the tests under
302 Section 53-3-206 and paid the required fee.
303 (ii) A person 65 years of age or older shall take and pass the eye examination specified
304 in Section 53-3-206 .
305 (iii) An extension may not be granted to any person:
306 (A) who is identified by the division as having a medical impairment that may

307 represent a hazard to public safety;
308 (B) holding a CDL issued under Part 4 of this chapter; or
309 (C) whose original license was obtained using proof under Subsection
310 53-3-205 (9)(a)(i)(E)[(III)](II).
311 (c) The division shall allow extensions:
312 (i) by mail at the appropriate extension fee rate under Section 53-3-105 ;
313 (ii) only if the applicant qualifies under this section; and
314 (iii) for only one extension.
315 Section 4. Effective date.
316 If approved by two-thirds of all the members elected to each house, this bill takes effect
317 upon approval by the governor, or the day following the constitutional time limit of Utah
318 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
319 the date of veto override.
320 Section 5. Revisor instructions.
321 It is the intent of the Legislature that, in preparing the Utah Code database for
322 publication, the Office of Legislative Research and General Counsel shall delete "the effective
323 date of this section" where it appears in H. [ this bill ] Subsection 53-3-207(7) .H and replace
323a it with the actual date on which the
324 bill takes effect.




Legislative Review Note
as of 12-1-05 2:59 PM

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