H.B. 331 Enrolled

1

IDENTIFICATION CARD AMENDMENTS
2 2014 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Daniel McCay
5 Senate Sponsor: John L. Valentine
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Uniform Driver License Act by amending provisions relating to
10 identification cards.
11 Highlighted Provisions:
12 This bill:
13 . amends definitions;
14 . establishes fees for the extension of an identification card;
15 . provides that a regular identification card issued to a person who holds an unexpired
16 Utah license certificate may not be extended unless:
17 . the Utah license certificate is canceled; and
18 . if the Utah license certificate is in the person's possession, the Utah license
19 certificate is surrendered to the division;
20 . authorizes the Driver License Division to extend a valid regular identification card
21 for five years:
22 . at any time within six months before the identification card expires; and
23 . if the identification card was issued after January 1, 2010;
24 . requires an application for an extension of a regular identification card to be
25 accompanied by a fee;
26 . authorizes the Driver License Division to extend a regular identification card by
27 mail, electronic means, or other means as determined by the Driver License
28 Division;
29 . provides that a regular identification card may only be extended once; and

30 . makes technical corrections.
31 Money Appropriated in this Bill:
32 This bill appropriates in fiscal year 2014:
33 . to the Department of Public Safety - Driver License, as a one-time appropriation:
34 . from the Department of Public Safety Restricted Account, $20,000.
35 This bill appropriates in fiscal year 2015:
36 . to the Department of Public Safety - Driver License, as an ongoing appropriation:
37 . from the Department of Public Safety Restricted Account, $22,800.
38 Other Special Clauses:
39 None
40 Utah Code Sections Affected:
41 AMENDS:
42 53-3-102 , as last amended by Laws of Utah 2012, Chapter 144
43 53-3-105 , as last amended by Laws of Utah 2011, Chapter 428
44 53-3-106 , as last amended by Laws of Utah 2012, Chapter 356
45 53-3-803 , as last amended by Laws of Utah 2012, Chapter 335
46 53-3-804 , as last amended by Laws of Utah 2013, Chapter 214
47 53-3-805 , as last amended by Laws of Utah 2013, Chapters 214 and 300
48 53-3-807 , as last amended by Laws of Utah 2012, Chapters 145 and 335
49
50 Be it enacted by the Legislature of the state of Utah:
51 Section 1. Section 53-3-102 is amended to read:
52 53-3-102. Definitions.
53 As used in this chapter:
54 (1) "Cancellation" means the termination by the division of a license issued through
55 error or fraud or for which consent under Section 53-3-211 has been withdrawn.
56 (2) "Class D license" means the class of license issued to drive motor vehicles not
57 defined as commercial motor vehicles or motorcycles under this chapter.

58 (3) "Commercial driver license" or "CDL" means a license:
59 (a) issued substantially in accordance with the requirements of Title XII, Pub. L.
60 99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
61 Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
62 commercial motor vehicle; and
63 (b) that was obtained by providing evidence of lawful presence in the United States
64 with one of the document requirements described in Subsection 53-3-410 (1)(i)(i).
65 (4) (a) "Commercial motor vehicle" means a motor vehicle or combination of motor
66 vehicles designed or used to transport passengers or property if the motor vehicle:
67 (i) has a gross vehicle weight rating of 26,001 or more pounds or a lesser rating as
68 determined by federal regulation;
69 (ii) is designed to transport 16 or more passengers, including the driver; or
70 (iii) is transporting hazardous materials and is required to be placarded in accordance
71 with 49 C.F.R. Part 172, Subpart F.
72 (b) The following vehicles are not considered a commercial motor vehicle for purposes
73 of Part 4, Uniform Commercial Driver License Act:
74 (i) equipment owned and operated by the United States Department of Defense when
75 driven by any active duty military personnel and members of the reserves and national guard on
76 active duty including personnel on full-time national guard duty, personnel on part-time
77 training, and national guard military technicians and civilians who are required to wear military
78 uniforms and are subject to the code of military justice;
79 (ii) vehicles controlled and driven by a farmer to transport agricultural products, farm
80 machinery, or farm supplies to or from a farm within 150 miles of his farm but not in operation
81 as a motor carrier for hire;
82 (iii) firefighting and emergency vehicles; and
83 (iv) recreational vehicles that are not used in commerce and are driven solely as family
84 or personal conveyances for recreational purposes.
85 (5) "Conviction" means any of the following:

86 (a) an unvacated adjudication of guilt or a determination that a person has violated or
87 failed to comply with the law in a court of original jurisdiction or an administrative proceeding;
88 (b) an unvacated forfeiture of bail or collateral deposited to secure a person's
89 appearance in court;
90 (c) a plea of guilty or nolo contendere accepted by the court;
91 (d) the payment of a fine or court costs; or
92 (e) violation of a condition of release without bail, regardless of whether the penalty is
93 rebated, suspended, or probated.
94 (6) "Denial" or "denied" means the withdrawal of a driving privilege by the division to
95 which the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or Operator's Security,
96 do not apply.
97 (7) "Director" means the division director appointed under Section 53-3-103 .
98 (8) "Disqualification" means either:
99 (a) the suspension, revocation, cancellation, denial, or any other withdrawal by a state
100 of a person's privileges to drive a commercial motor vehicle;
101 (b) a determination by the Federal Highway Administration, under 49 C.F.R. Part 386,
102 that a person is no longer qualified to drive a commercial motor vehicle under 49 C.F.R. Part
103 391; or
104 (c) the loss of qualification that automatically follows conviction of an offense listed in
105 49 C.F.R. Part 383.51.
106 (9) "Division" means the Driver License Division of the department created in Section
107 53-3-103 .
108 (10) "Downgrade" means to obtain a lower license class than what was originally
109 issued during an existing license cycle.
110 (11) "Drive" means:
111 (a) to operate or be in physical control of a motor vehicle upon a highway; and
112 (b) in Subsections 53-3-414 (1) through (3), Subsection 53-3-414 (5), and Sections
113 53-3-417 and 53-3-418 , the operation or physical control of a motor vehicle at any place within

114 the state.
115 (12) (a) "Driver" means any person who drives, or is in actual physical control of a
116 motor vehicle in any location open to the general public for purposes of vehicular traffic.
117 (b) In Part 4, Uniform Commercial Driver License Act, "driver" includes any person
118 who is required to hold a CDL under Part 4 or federal law.
119 (13) "Driving privilege card" means the evidence of the privilege granted and issued
120 under this chapter to drive a motor vehicle to a person whose privilege was obtained without
121 providing evidence of lawful presence in the United States.
122 (14) "Extension" means a renewal completed in a manner specified by the division.
123 (15) "Farm tractor" means every motor vehicle designed and used primarily as a farm
124 implement for drawing plows, mowing machines, and other implements of husbandry.
125 (16) "Highway" means the entire width between property lines of every way or place of
126 any nature when any part of it is open to the use of the public, as a matter of right, for traffic.
127 (17) "Identification card" means [an identification] a card issued under [this chapter]
128 Part 8, Identification Card Act, to a person [whose card was obtained by providing evidence of
129 lawful presence in the United States with one of the document requirements described in
130 Subsection 53-3-804 (2)(i)(i)] for identification purposes.
131 (18) "Indigent" means that a person's income falls below the federal poverty guideline
132 issued annually by the U.S. Department of Health and Human Services in the Federal Register.
133 (19) "License" means the privilege to drive a motor vehicle.
134 (20) (a) "License certificate" means the evidence of the privilege issued under this
135 chapter to drive a motor vehicle.
136 (b) "License certificate" evidence includes a:
137 (i) regular license certificate;
138 (ii) limited-term license certificate;
139 (iii) driving privilege card;
140 (iv) CDL license certificate;
141 (v) limited-term CDL license certificate;

142 (vi) temporary regular license certificate; and
143 (vii) temporary limited-term license certificate.
144 (21) "Limited-term commercial driver license" or "limited-term CDL" means a license:
145 (a) issued substantially in accordance with the requirements of Title XII, Pub. L.
146 99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
147 Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
148 commercial motor vehicle; and
149 (b) that was obtained by providing evidence of lawful presence in the United States
150 with one of the document requirements described in Subsection 53-3-410 (1)(i)(ii).
151 (22) "Limited-term identification card" means an identification card issued under this
152 chapter to a person whose card was obtained by providing evidence of lawful presence in the
153 United States with one of the document requirements described in Subsection
154 53-3-804 (2)(i)(ii).
155 (23) "Limited-term license certificate" means the evidence of the privilege granted and
156 issued under this chapter to drive a motor vehicle to a person whose privilege was obtained
157 providing evidence of lawful presence in the United States with one of the document
158 requirements described in Subsection 53-3-205 (8)(a)(ii)(B).
159 (24) "Motorboat" has the same meaning as provided under Section 73-18-2 .
160 (25) "Motorcycle" means every motor vehicle, other than a tractor, having a seat or
161 saddle for the use of the rider and designed to travel with not more than three wheels in contact
162 with the ground.
163 (26) "Office of Recovery Services" means the Office of Recovery Services, created in
164 Section 62A-11-102 .
165 (27) (a) "Owner" means a person other than a lien holder having an interest in the
166 property or title to a vehicle.
167 (b) "Owner" includes a person entitled to the use and possession of a vehicle subject to
168 a security interest in another person but excludes a lessee under a lease not intended as security.
169 (28) "Regular identification card" means an identification card issued under this

170 chapter to a person whose card was obtained by providing evidence of lawful presence in the
171 United States with one of the document requirements described in Subsection 53-3-804 (2)(i)(i).
172 [(28)] (29) "Regular license certificate" means the evidence of the privilege issued
173 under this chapter to drive a motor vehicle whose privilege was obtained by providing evidence
174 of lawful presence in the United States with one of the document requirements described in
175 Subsection 53-3-205 (8)(a)(ii)(A).
176 [(29)] (30) "Renewal" means to validate a license certificate so that it expires at a later
177 date.
178 [(30)] (31) "Reportable violation" means an offense required to be reported to the
179 division as determined by the division and includes those offenses against which points are
180 assessed under Section 53-3-221 .
181 [(31)] (32) (a) "Resident" means an individual who:
182 (i) has established a domicile in this state, as defined in Section 41-1a-202 , or
183 regardless of domicile, remains in this state for an aggregate period of six months or more
184 during any calendar year;
185 (ii) engages in a trade, profession, or occupation in this state, or who accepts
186 employment in other than seasonal work in this state, and who does not commute into the state;
187 (iii) declares himself to be a resident of this state by obtaining a valid Utah driver
188 license certificate or motor vehicle registration; or
189 (iv) declares himself a resident of this state to obtain privileges not ordinarily extended
190 to nonresidents, including going to school, or placing children in school without paying
191 nonresident tuition or fees.
192 (b) "Resident" does not include any of the following:
193 (i) a member of the military, temporarily stationed in this state;
194 (ii) an out-of-state student, as classified by an institution of higher education,
195 regardless of whether the student engages in any type of employment in this state;
196 (iii) a person domiciled in another state or country, who is temporarily assigned in this
197 state, assigned by or representing an employer, religious or private organization, or a

198 governmental entity; or
199 (iv) an immediate family member who resides with or a household member of a person
200 listed in Subsections [(31)] (32)(b)(i) through (iii).
201 [(32)] (33) "Revocation" means the termination by action of the division of a licensee's
202 privilege to drive a motor vehicle.
203 [(33)] (34) (a) "School bus" means a commercial motor vehicle used to transport
204 pre-primary, primary, or secondary school students to and from home and school, or to and
205 from school sponsored events.
206 (b) "School bus" does not include a bus used as a common carrier as defined in Section
207 59-12-102 .
208 [(34)] (35) "Suspension" means the temporary withdrawal by action of the division of a
209 licensee's privilege to drive a motor vehicle.
210 [(35)] (36) "Taxicab" means any class D motor vehicle transporting any number of
211 passengers for hire and that is subject to state or federal regulation as a taxi.
212 Section 2. Section 53-3-105 is amended to read:
213 53-3-105. Fees for licenses, renewals, extensions, reinstatements, rescheduling,
214 and identification cards.
215 The following fees apply under this chapter:
216 (1) An original class D license application under Section 53-3-205 is $25.
217 (2) An original provisional license application for a class D license under Section
218 53-3-205 is $30.
219 (3) An original application for a motorcycle endorsement under Section 53-3-205 is
220 $9.50.
221 (4) An original application for a taxicab endorsement under Section 53-3-205 is $7.
222 (5) A learner permit application under Section 53-3-210.5 is $15.
223 (6) A renewal of a class D license under Section 53-3-214 is $25 unless Subsection
224 (10) applies.
225 (7) A renewal of a provisional license application for a class D license under Section

226 53-3-214 is $25.
227 (8) A renewal of a motorcycle endorsement under Section 53-3-214 is $9.50.
228 (9) A renewal of a taxicab endorsement under Section 53-3-214 is $7.
229 (10) A renewal of a class D license for a person 65 and older under Section 53-3-214 is
230 $13.
231 (11) An extension of a class D license under Section 53-3-214 is $20 unless Subsection
232 (15) applies.
233 (12) An extension of a provisional license application for a class D license under
234 Section 53-3-214 is $20.
235 (13) An extension of a motorcycle endorsement under Section 53-3-214 is $9.50.
236 (14) An extension of a taxicab endorsement under Section 53-3-214 is $7.
237 (15) An extension of a class D license for a person 65 and older under Section
238 53-3-214 is $11.
239 (16) An original or renewal application for a commercial class A, B, or C license or an
240 original or renewal of a provisional commercial class A or B license under Part 4, Uniform
241 Commercial Driver License Act, is:
242 (a) $40 for the knowledge test; and
243 (b) $60 for the skills test.
244 (17) Each original CDL endorsement for passengers, hazardous material, double or
245 triple trailers, or tankers is $7.
246 (18) An original CDL endorsement for a school bus under Part 4, Uniform Commercial
247 Driver License Act, is $7.
248 (19) A renewal of a CDL endorsement under Part 4, Uniform Commercial Driver
249 License Act, is $7.
250 (20) (a) A retake of a CDL knowledge test provided for in Section 53-3-205 is $20.
251 (b) A retake of a CDL skills test provided for in Section 53-3-205 is $40.
252 (21) A retake of a CDL endorsement test provided for in Section 53-3-205 is $7.
253 (22) A duplicate class A, B, C, or D license certificate under Section 53-3-215 is $18.

254 (23) (a) A license reinstatement application under Section 53-3-205 is $30.
255 (b) A license reinstatement application under Section 53-3-205 for an alcohol, drug, or
256 combination of alcohol and any drug-related offense is $35 in addition to the fee under
257 Subsection (23)(a).
258 (24) (a) An administrative fee for license reinstatement after an alcohol, drug, or
259 combination of alcohol and any drug-related offense under Section 41-6a-520 , 53-3-223 , or
260 53-3-231 or an alcohol, drug, or combination of alcohol and any drug-related offense under
261 Part 4, Uniform Commercial Driver License Act, is $170.
262 (b) This administrative fee is in addition to the fees under Subsection (23).
263 (25) (a) An administrative fee for providing the driving record of a driver under
264 Section 53-3-104 or 53-3-420 is $6.
265 (b) The division may not charge for a report furnished under Section 53-3-104 to a
266 municipal, county, state, or federal agency.
267 (26) A rescheduling fee under Section 53-3-205 or 53-3-407 is $25.
268 (27) (a) Except as provided under Subsections (27)(b) and (c), an identification card
269 application under Section 53-3-808 is $18.
270 (b) An identification card application under Section 53-3-808 for a person with a
271 disability, as defined in 42 U.S.C. Sec. 12102, is $13.
272 (c) A fee may not be charged for an identification card application if the person
273 applying:
274 (i) has not been issued a Utah driver license;
275 (ii) is indigent; and
276 (iii) is at least 18 years of age.
277 (28) An extension of a regular identification card under Subsection 53-3-807 (5) for a
278 person with a disability, as defined in 42 U.S.C. Sec. 12102, is $13.
279 (29) An extension of a regular identification card under Subsection 53-3-807 (6) is $18.
280 [(28)] (30) In addition to any license application fees collected under this chapter, the
281 division shall impose on individuals submitting fingerprints in accordance with Section

282 53-3-205.5 the fees that the Bureau of Criminal Identification is authorized to collect for the
283 services the Bureau of Criminal Identification provides under Section 53-3-205.5 .
284 Section 3. Section 53-3-106 is amended to read:
285 53-3-106. Disposition of revenues under this chapter -- Restricted account created
286 -- Uses as provided by appropriation -- Nonlapsing.
287 (1) There is created within the Transportation Fund a restricted account known as the
288 "Department of Public Safety Restricted Account."
289 (2) The account consists of money generated from the following revenue sources:
290 (a) all money received under this chapter;
291 (b) administrative fees received according to the fee schedule authorized under this
292 chapter and Section 63J-1-504 ;
293 (c) beginning on January 1, 2013, money received in accordance with Section
294 41-1a-1201 ; and
295 (d) any appropriations made to the account by the Legislature.
296 (3) (a) The account shall earn interest.
297 (b) All interest earned on account money shall be deposited in the account.
298 (4) The expenses of the department in carrying out this chapter shall be provided for by
299 legislative appropriation from this account.
300 (5) The amount in excess of $45 of the fees collected under Subsection 53-3-105 (24)
301 shall be appropriated by the Legislature from this account to the department to implement the
302 provisions of Section 53-1-117 , except that of the amount in excess of $45, $40 shall be
303 deposited in the State Laboratory Drug Testing Account created in Section 26-1-34 .
304 (6) All money received under Subsection 41-6a-1406 (6)(b)(ii) shall be appropriated by
305 the Legislature from this account to the department to implement the provisions of Section
306 53-1-117 .
307 (7) Beginning in fiscal year 2009-10, the Legislature shall appropriate $100,000
308 annually from the account to the state medical examiner appointed under Section 26-4-4 for
309 use in carrying out duties related to highway crash deaths under Subsection 26-4-7 (1).

310 (8) The division shall remit the fees collected under Subsection 53-3-105 [(28)](30) to
311 the Bureau of Criminal Identification to cover the costs for the services the Bureau of Criminal
312 Identification provides under Section 53-3-205.5 .
313 (9) (a) Beginning on January 1, 2013, the Legislature shall appropriate all money
314 received in the account under Section 41-1a-1201 to the Utah Highway Patrol Division for
315 field operations.
316 (b) The Legislature may appropriate additional money from the account to the Utah
317 Highway Patrol Division for law enforcement purposes.
318 (10) Appropriations to the department from the account are nonlapsing.
319 Section 4. Section 53-3-803 is amended to read:
320 53-3-803. Application for identification card -- Age requirements -- Application
321 on behalf of others.
322 (1) A person at least 16 years of age or older may apply to the division for an
323 identification card.
324 (2) A person younger than 16 years of age may apply to the division for an
325 identification card with the consent of the applicant's parent or guardian.
326 (3) (a) If a person is unable to apply for the card due to his youth or incapacitation, the
327 application may be made on behalf of that person by his parent or guardian.
328 (b) A parent or guardian applying for an identification card on behalf of a child or
329 incapacitated person shall provide:
330 (i) identification, as required by the commissioner; and
331 (ii) the consent of the incapacitated person, as required by the commissioner.
332 (4) Beginning on or after July 1, 2012, a person who holds an unexpired Utah license
333 certificate issued under Part 2, Driver Licensing Act, may not be issued a Utah identification
334 card or an extension of a regular identification card unless:
335 (a) the Utah license certificate is canceled; and
336 (b) if the Utah license certificate is in the person's possession, the Utah license
337 certificate is surrendered to the division.

338 Section 5. Section 53-3-804 is amended to read:
339 53-3-804. Application for identification card -- Required information -- Release
340 of anatomical gift information -- Cancellation of identification card.
341 (1) To apply for [an] a regular identification card or limited-term identification card,
342 the applicant shall:
343 (a) be a Utah resident;
344 (b) have a Utah residence address; and
345 (c) appear in person at any license examining station.
346 (2) The applicant shall provide the following information to the division:
347 (a) true and full legal name and Utah residence address;
348 (b) date of birth as set forth in a certified copy of the applicant's birth certificate, or
349 other satisfactory evidence of birth, which shall be attached to the application;
350 (c) (i) Social Security number; or
351 (ii) written proof that the applicant is ineligible to receive a Social Security number;
352 (d) place of birth;
353 (e) height and weight;
354 (f) color of eyes and hair;
355 (g) signature;
356 (h) photograph;
357 (i) evidence of the applicant's lawful presence in the United States by providing
358 documentary evidence:
359 (i) that a person is:
360 (A) a United States citizen;
361 (B) a United States national; or
362 (C) a legal permanent resident alien; or
363 (ii) of the applicant's:
364 (A) unexpired immigrant or nonimmigrant visa status for admission into the United
365 States;

366 (B) pending or approved application for asylum in the United States;
367 (C) admission into the United States as a refugee;
368 (D) pending or approved application for temporary protected status in the United
369 States;
370 (E) approved deferred action status;
371 (F) pending application for adjustment of status to legal permanent resident or
372 conditional resident; or
373 (G) conditional permanent resident alien status;
374 (j) an indication whether the applicant intends to make an anatomical gift under Title
375 26, Chapter 28, Revised Uniform Anatomical Gift Act;
376 (k) an indication whether the applicant is required to register as a sex offender in
377 accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry; and
378 (l) an indication whether the applicant is a veteran of the United States military,
379 verification that the applicant has been honorably discharged from the United States military,
380 and an indication whether the applicant does or does not authorize sharing the information with
381 the state Department of Veterans' and Military Affairs.
382 (3) The requirements of Section 53-3-234 apply to this section for each person, age 16
383 and older, applying for an identification card. Refusal to consent to the release of information
384 shall result in the denial of the identification card.
385 (4) A person who knowingly fails to provide the information required under Subsection
386 (2)(k) is guilty of a class A misdemeanor.
387 (5) (a) Until December 1, 2014, a person born on or after December 1, 1964, may hold
388 both an unexpired Utah license certificate and an unexpired Utah identification card.
389 (b) On or after December 1, 2014, a person born on or after December 1, 1964:
390 (i) may not hold both an unexpired Utah license certificate and an unexpired
391 identification card; and
392 (ii) if the person has both an unexpired Utah license certificate and an unexpired Utah
393 identification card in the person's possession, shall be required to surrender either the unexpired

394 Utah license certificate or the unexpired Utah identification card.
395 (c) If a person has not surrendered either the Utah license certificate or the Utah
396 identification card as required under this Subsection (5), the division shall cancel the Utah
397 identification card on December 1, 2014.
398 (6) (a) Until December 1, 2017, a person born prior to December 1, 1964, may hold
399 both an unexpired Utah license certificate and an unexpired Utah identification card.
400 (b) On or after December 1, 2017, a person born prior to December 1, 1964:
401 (i) may not hold both an unexpired Utah license certificate and an unexpired
402 identification card; and
403 (ii) if the person has both an unexpired Utah license certificate and an unexpired Utah
404 identification card in the person's possession, shall be required to surrender either the unexpired
405 Utah license certificate or the unexpired Utah identification card.
406 (c) If a person has not surrendered either the Utah license certificate or the Utah
407 identification card as required under this Subsection (6), the division shall cancel the Utah
408 identification card on December 1, 2017.
409 Section 6. Section 53-3-805 is amended to read:
410 53-3-805. Identification card -- Contents -- Specifications.
411 (1) (a) The division shall issue an identification card that bears:
412 (i) the distinguishing number assigned to the person by the division;
413 (ii) the name, birth date, and Utah residence address of the person;
414 (iii) a brief description of the person for the purpose of identification;
415 (iv) a photograph of the person;
416 (v) a photograph or other facsimile of the person's signature;
417 (vi) an indication whether the person intends to make an anatomical gift under Title 26,
418 Chapter 28, Revised Uniform Anatomical Gift Act; and
419 (vii) if the person states that the person is a veteran of the United States military on the
420 application for an identification card in accordance with Section 53-3-804 and provides
421 verification that the person was honorably discharged from the United States military, an

422 indication that the person is a United States military veteran for a regular identification card or
423 a limited-term identification card issued on or after July 1, 2011.
424 (b) An identification card issued by the division may not bear the person's Social
425 Security number or place of birth.
426 (2) (a) The card shall be of an impervious material, resistant to wear, damage, and
427 alteration.
428 (b) Except as provided under Section 53-3-806 , the size, form, and color of the card is
429 prescribed by the commissioner.
430 (3) At the applicant's request, the card may include a statement that the applicant has a
431 special medical problem or allergies to certain drugs, for the purpose of medical treatment.
432 (4) (a) The indication of intent under Subsection 53-3-804 (2)(j) shall be authenticated
433 by the applicant in accordance with division rule.
434 (b) (i) Notwithstanding Title 63G, Chapter 2, Government Records Access and
435 Management Act, the division may, upon request, release to an organ procurement
436 organization, as defined in Section 26-28-102 , the names and addresses of all persons who
437 under Subsection 53-3-804 (2)(j) indicate that they intend to make an anatomical gift.
438 (ii) An organ procurement organization may use released information only to:
439 (A) obtain additional information for an anatomical gift registry; and
440 (B) inform applicants of anatomical gift options, procedures, and benefits.
441 (5) Notwithstanding Title 63G, Chapter 2, Government Records Access and
442 Management Act, the division may release to the Department of Veterans' and Military Affairs
443 the names and addresses of all persons who indicate their status as a veteran under Subsection
444 53-3-804 (2)(l).
445 (6) The division and its employees are not liable, as a result of false or inaccurate
446 information provided under Subsection 53-3-804 (2)(j) or (l), for direct or indirect:
447 (a) loss;
448 (b) detriment; or
449 (c) injury.

450 (7) (a) The division may issue a temporary regular identification card to a person while
451 the person obtains the required documentation to establish verification of the information
452 described in Subsections 53-3-804 (2)(a), (b), (c), (d), and (i)(i).
453 (b) A temporary regular identification card issued under this Subsection (7) shall be
454 recognized and grant the person the same privileges as a regular identification card.
455 (c) A temporary regular identification card issued under this Subsection (7) is invalid:
456 (i) when the person's regular identification card has been issued;
457 (ii) when, for good cause, an applicant's application for [an] a regular identification
458 card has been refused; or
459 (iii) upon expiration of the temporary regular identification card.
460 Section 7. Section 53-3-807 is amended to read:
461 53-3-807. Expiration -- Address and name change -- Extension.
462 (1) (a) [An] A regular identification card issued on or after July 1, 2006, expires on the
463 birth date of the applicant in the fifth year following the issuance of the regular identification
464 card.
465 (b) A limited-term identification card expires on:
466 (i) the expiration date of the period of time of the individual's authorized stay in the
467 United States or on the birth date of the applicant in the fifth year following the issuance of the
468 limited-term identification card, whichever is sooner; or
469 (ii) on the date of issuance in the first year following the year that the limited-term
470 identification card was issued if there is no definite end to the individual's period of authorized
471 stay.
472 (2) If a person has applied for and received an identification card and subsequently
473 moves from the address shown on the application or on the card, the person shall within 10
474 days notify the division in a manner specified by the division of the person's new address.
475 (3) If a person has applied for and received an identification card and subsequently
476 changes the person's name under Title 42, Chapter 1, Change of Name, the person:
477 (a) shall surrender the card to the division; and

478 (b) may apply for a new card in the person's new name by:
479 (i) furnishing proper documentation to the division as provided in Section 53-3-804 ;
480 and
481 (ii) paying the fee required under Section 53-3-105 .
482 (4) (a) Except as provided in Subsection (4)(c), if a person has applied for and received
483 an identification card and is currently required to register as a sex offender in accordance with
484 Title 77, Chapter 41, Sex and Kidnap Offender Registry:
485 (i) the person's identification card expires annually on the next birth date of the
486 cardholder, on and after July 1, 2006;
487 (ii) the person shall surrender the person's identification card to the division on or
488 before the cardholder's next birth date beginning on July 1, 2006; and
489 (iii) the person may apply for an identification card with an expiration date identified in
490 Subsection (8) by:
491 (A) furnishing proper documentation to the division as provided in Section 53-3-804 ;
492 and
493 (B) paying the fee for an identification card required under Section 53-3-105 .
494 (b) Except as provided in Subsection (4)(c), if a person has applied for and received an
495 identification card and is subsequently convicted of any offense listed in Subsection
496 77-41-102 (16), the person shall surrender the card to the division on the person's next birth
497 date following the conviction and may apply for a new card with an expiration date identified
498 in Subsection (8) by:
499 (i) furnishing proper documentation to the division as provided in Section 53-3-804 ;
500 and
501 (ii) paying the fee required under Section 53-3-105 .
502 (c) A person who is unable to comply with the provisions of Subsection (4)(a) or (4)(b)
503 because the person is in the custody of the Department of Corrections or Division of Juvenile
504 Justice Services, confined in a correctional facility not operated by or under contract with the
505 Department of Corrections, or committed to a state mental facility, shall comply with the

506 provisions of Subsection (4)(a) or (b) within 10 days of being released from confinement.
507 (5) A person older than 21 years of age with a disability, as defined under the
508 Americans with Disabilities Act of 1990, Pub. L. 101-336, may extend the expiration date on
509 an identification card for five years if the person with a disability or an agent of the person with
510 a disability:
511 (a) requests that the division send the application form to obtain the extension or
512 requests an application form in person at the division's offices;
513 (b) completes the application;
514 (c) certifies that the extension is for a person 21 years of age or older with a disability;
515 and
516 (d) returns the application to the division together with the identification card fee
517 required under Section 53-3-105 .
518 (6) The division may extend a valid regular identification card for five years:
519 (a) (i) at any time within six months before the identification card expires; and
520 (ii) if the identification card was issued after January 1, 2010.
521 (b) The application for an extension of a regular identification card shall be
522 accompanied by a fee under Section 53-3-105 .
523 (c) The division shall allow extensions:
524 (i) by mail, electronic means, or other means as determined by the division at the
525 appropriate extension fee rate under Section 53-3-105 ; and
526 (ii) only if the applicant qualifies under this section.
527 [(6)] (7) (a) (i) [An] Except as prohibited under Subsection (7)(b), a regular
528 identification card may only be extended once[, except as prohibited under Subsection (6)(b)]
529 under Subsections (5) and (6).
530 (ii) After an extension an application for an identification card must be applied for in
531 person at the division's offices.
532 (b) An identification card issued to a person required to register as a sex offender in
533 accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry, may not be extended.

534 [(7)] (8) An identification card issued prior to July 1, 2006 to a person 65 years of age
535 or older expires on December 1, 2017.
536 [(8)] (9) Notwithstanding the provisions of this section, an identification card expires
537 on the birth date of the applicant in the first year following the year that the identification card
538 was issued if the applicant is required to register as a sex offender in accordance with Title 77,
539 Chapter 41, Sex and Kidnap Offender Registry.
540 [(9)] (10) A person who knowingly fails to surrender an identification card under
541 Subsection (4) is guilty of a class A misdemeanor.
542 Section 8. Appropriation.
543 (1) Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act,
544 for the fiscal year beginning July 1, 2013, and ending June 30, 2014, the following sums of
545 money are appropriated from resources not otherwise appropriated, or reduced from amounts
546 previously appropriated, out of the funds or accounts indicated. These sums of money are in
547 addition to any amounts previously appropriated for fiscal year 2014.
548 To Department of Public Safety - Driver License
549 From Department of Public Safety Restricted Account, One-time

$20,000

550 Schedule of Programs:
551 Driver Records $20,000
552 (2) Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act,
553 for the fiscal year beginning July 1, 2014, and ending June 30, 2015, the following sums of
554 money are appropriated from resources not otherwise appropriated, or reduced from amounts
555 previously appropriated, out of the funds or accounts indicated. These sums of money are in
556 addition to any amounts previously appropriated for fiscal year 2015.
557 To Department of Public Safety - Driver License
558 From Department of Public Safety Restricted Account

$22,800

559 Schedule of Programs:
560 Driver Records $22,800