Representative Adam Robertson proposes the following substitute bill:


1     
DRIVER LICENSE RENEWAL AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Adam Robertson

5     
Senate Sponsor: Wayne A. Harper

6     

7     LONG TITLE
8     General Description:
9          This bill changes the required frequency of driver license and identification card
10     renewal from five years to eight years.
11     Highlighted Provisions:
12          This bill:
13          ▸     changes the initial term and renewal period for a regular class D driver license from
14     five years to eight years;
15          ▸     changes the renewal period for a provisional driver license from five years to eight
16     years;
17          ▸     increases driver license and endorsement application and renewal fees;
18          ▸     adjusts the allowable reportable violations a driver may have on the driver's record
19     to be eligible to renew a license on the eight-year cycle; and
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          This bill provides a special effective date.
25     Utah Code Sections Affected:

26     AMENDS:
27          53-3-105, as last amended by Laws of Utah 2018, Chapters 301 and 417
28          53-3-205, as last amended by Laws of Utah 2018, Chapters 39, 128, and 417
29          53-3-214, as last amended by Laws of Utah 2012, Chapter 335
30          53-3-803, as last amended by Laws of Utah 2014, Chapter 252
31          53-3-804, as last amended by Laws of Utah 2018, Chapter 39
32          53-3-806.5, as last amended by Laws of Utah 2017, Chapter 282
33          53-3-807, as last amended by Laws of Utah 2015, Chapter 210
34     

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 53-3-105 is amended to read:
37          53-3-105. Fees for licenses, renewals, extensions, reinstatements, rescheduling,
38     and identification cards.
39          The following fees apply under this chapter:
40          (1) An original class D license application under Section 53-3-205 is [$32] $52.
41          (2) An original provisional license application for a class D license under Section
42     53-3-205 is $39.
43          (3) An original limited term license application under Section 53-3-205 is $32.
44          [(3)] (4) An original application for a motorcycle endorsement under Section 53-3-205
45     is [$11] $18.
46          [(4)] (5) An original application for a taxicab endorsement under Section 53-3-205 is
47     [$9] $14.
48          [(5)] (6) A learner permit application under Section 53-3-210.5 is $19.
49          [(6)] (7) A renewal of a class D license under Section 53-3-214 is [$32] $52 unless
50     Subsection [(10)] (12) applies.
51          [(7)] (8) A renewal of a provisional license application for a class D license under
52     Section 53-3-214 is [$32] $52.
53          (9) A renewal of a limited term license application under Section 53-3-214 is $32.
54          [(8)] (10) A renewal of a motorcycle endorsement under Section 53-3-214 is [$11]
55     $18.
56          [(9)] (11) A renewal of a taxicab endorsement under Section 53-3-214 is [$9] $14.

57          [(10)] (12) A renewal of a class D license for a person 65 and older under Section
58     53-3-214 is [$17] $27.
59          [(11)] (13) An extension of a class D license under Section 53-3-214 is [$26] $42
60     unless Subsection [(15)] (17) applies.
61          [(12)] (14) An extension of a provisional license application for a class D license under
62     Section 53-3-214 is [$26] $42.
63          [(13)] (15) An extension of a motorcycle endorsement under Section 53-3-214 is [$11]
64     $18.
65          [(14)] (16) An extension of a taxicab endorsement under Section 53-3-214 is [$9] $14.
66          [(15)] (17) An extension of a class D license for a person 65 and older under Section
67     53-3-214 is [$14] $22.
68          [(16)] (18) An original or renewal application for a commercial class A, B, or C license
69     or an original or renewal of a provisional commercial class A or B license under Part 4,
70     Uniform Commercial Driver License Act, is $52.
71          [(17)] (19) A commercial class A, B, or C license skills test is $78.
72          [(18)] (20) Each original CDL endorsement for passengers, hazardous material, double
73     or triple trailers, or tankers is $9.
74          [(19)] (21) An original CDL endorsement for a school bus under Part 4, Uniform
75     Commercial Driver License Act, is $9.
76          [(20)] (22) A renewal of a CDL endorsement under Part 4, Uniform Commercial
77     Driver License Act, is $9.
78          [(21)] (23) (a) A retake of a CDL knowledge test provided for in Section 53-3-205 is
79     $26.
80          (b) A retake of a CDL skills test provided for in Section 53-3-205 is $52.
81          [(22)] (24) A retake of a CDL endorsement test provided for in Section 53-3-205 is $9.
82          [(23)] (25) A duplicate class A, B, C, or D license certificate under Section 53-3-215 is
83     $23.
84          [(24)] (26) (a) A license reinstatement application under Section 53-3-205 is $40.
85          (b) A license reinstatement application under Section 53-3-205 for an alcohol, drug, or
86     combination of alcohol and any drug-related offense is $45 in addition to the fee under
87     Subsection [(24)] (26)(a).

88          [(25)] (27) (a) An administrative fee for license reinstatement after an alcohol, drug, or
89     combination of alcohol and any drug-related offense under Section 41-6a-520, 53-3-223, or
90     53-3-231 or an alcohol, drug, or combination of alcohol and any drug-related offense under
91     Part 4, Uniform Commercial Driver License Act, is $255.
92          (b) This administrative fee is in addition to the fees under Subsection [(24)] (26).
93          [(26)] (28) (a) An administrative fee for providing the driving record of a driver under
94     Section 53-3-104 or 53-3-420 is $8.
95          (b) The division may not charge for a report furnished under Section 53-3-104 to a
96     municipal, county, state, or federal agency.
97          [(27)] (29) A rescheduling fee under Section 53-3-205 or 53-3-407 is $25.
98          [(28)] (30) (a) Except as provided under Subsections [(28)] (30)(b) and (c), an
99     identification card application under Section 53-3-808 is $23.
100          (b) An identification card application under Section 53-3-808 for a person with a
101     disability, as defined in 42 U.S.C. Sec. 12102, is $17.
102          (c) A fee may not be charged for an identification card application if the individual
103     applying:
104          (i) (A) has not been issued a Utah driver license;
105          (B) is indigent; and
106          (C) is at least 18 years of age; or
107          (ii) submits written verification that the individual is homeless, as defined in Section
108     26-18-411, or a person who is homeless, as defined in Section 35A-5-302, from:
109          (A) a homeless shelter, as defined in Section 10-9a-526;
110          (B) a permanent housing, permanent, supportive, or transitional facility, as defined in
111     Section 35A-5-302; or
112          (C) the Department of Workforce Services.
113          [(29)] (31) (a) An extension of a regular identification card under Subsection
114     53-3-807(5) for a person with a disability, as defined in 42 U.S.C. Sec. 12102, is $17.
115          (b) The fee described in Subsection [(29)] (31)(a) shall be waived if the applicant
116     submits written verification that the individual is homeless, as defined in Section 26-18-411, or
117     a person who is homeless, as defined in Section 35A-5-302, from:
118          (i) a homeless shelter, as defined in Section 10-9a-526;

119          (ii) a permanent housing, permanent, supportive, or transitional facility, as defined in
120     Section 35A-5-302; or
121          (iii) the Department of Workforce Services.
122          [(30)] (32) (a) An extension of a regular identification card under Subsection
123     53-3-807(6) is $23.
124          (b) The fee described in Subsection [(30)] (32)(a) shall be waived if the applicant
125     submits written verification that the individual is homeless, as defined in Section 26-18-411, or
126     a person who is homeless, as defined in Section 35A-5-302, from:
127          (i) a homeless shelter, as defined in Section 10-9a-526;
128          (ii) a permanent housing, permanent, supportive, or transitional facility, as defined in
129     Section 35A-5-302; or
130          (iii) the Department of Workforce Services.
131          [(31)] (33) In addition to any license application fees collected under this chapter, the
132     division shall impose on individuals submitting fingerprints in accordance with Section
133     53-3-205.5 the fees that the Bureau of Criminal Identification is authorized to collect for the
134     services the Bureau of Criminal Identification provides under Section 53-3-205.5.
135          [(32)] (34) An original mobility vehicle permit application under Section 41-6a-1118 is
136     $30.
137          [(33)] (35) A renewal of a mobility vehicle permit under Section 41-6a-1118 is $30.
138          [(34)] (36) A duplicate mobility vehicle permit under Section 41-6a-1118 is $12.
139          Section 2. Section 53-3-205 is amended to read:
140          53-3-205. Application for license or endorsement -- Fee required -- Tests --
141     Expiration dates of licenses and endorsements -- Information required -- Previous
142     licenses surrendered -- Driving record transferred from other states -- Reinstatement --
143     Fee required -- License agreement.
144          (1) An application for any original license, provisional license, or endorsement shall
145     be:
146          (a) made upon a form furnished by the division; and
147          (b) accompanied by a nonrefundable fee set under Section 53-3-105.
148          (2) An application and fee for an original provisional class D license or an original
149     class D license entitle the applicant to:

150          (a) not more than three attempts to pass both the knowledge and the skills tests for a
151     class D license within six months of the date of the application;
152          (b) a learner permit if needed pending completion of the application and testing
153     process; and
154          (c) an original class D license and license certificate after all tests are passed and
155     requirements are completed.
156          (3) An application and fee for a motorcycle or taxicab endorsement entitle the
157     applicant to:
158          (a) not more than three attempts to pass both the knowledge and skills tests within six
159     months of the date of the application;
160          (b) a motorcycle learner permit after the motorcycle knowledge test is passed; and
161          (c) a motorcycle or taxicab endorsement when all tests are passed.
162          (4) An application for a commercial class A, B, or C license entitles the applicant to:
163          (a) not more than two attempts to pass a knowledge test when accompanied by the fee
164     provided in Subsection 53-3-105(16);
165          (b) not more than two attempts to pass a skills test when accompanied by a fee in
166     Subsection 53-3-105(17) within six months of the date of application;
167          (c) both a commercial driver instruction permit and a temporary license permit for the
168     license class held before the applicant submits the application if needed after the knowledge
169     test is passed; and
170          (d) an original commercial class A, B, or C license and license certificate when all
171     applicable tests are passed.
172          (5) An application and fee for a CDL endorsement entitle the applicant to:
173          (a) not more than two attempts to pass a knowledge test and not more than two
174     attempts to pass a skills test within six months of the date of the application; and
175          (b) a CDL endorsement when all tests are passed.
176          (6) (a) If a CDL applicant does not pass a knowledge test, skills test, or an endorsement
177     test within the number of attempts provided in Subsection (4) or (5), each test may be taken
178     two additional times within the six months for the fee provided in Section 53-3-105.
179          (b) (i) Beginning July 1, 2015, an out-of-state resident who holds a valid CDIP issued
180     by a state or jurisdiction that is compliant with 49 C.F.R. Part 383 may take a skills test

181     administered by the division if the out-of-state resident pays the fee provided in Subsection
182     53-3-105(17).
183          (ii) The division shall:
184          (A) electronically transmit skills test results for an out-of-state resident to the licensing
185     agency in the state or jurisdiction in which the person has obtained a valid CDIP; and
186          (B) provide the out-of-state resident with documentary evidence upon successful
187     completion of the skills test.
188          (7) (a) (i) Except as provided under Subsections [(7)(f)] (7)(a)(ii), (f), (g), and (h), an
189     original class D license expires on the birth date of the applicant in the [fifth] eighth year
190     following the year the license certificate was issued.
191          (ii) An original provisional class D license expires on the birth date of the applicant in
192     the fifth year following the year the license certificate was issued.
193          (iii) Except as provided in Subsection (7)(f), a limited term class D license expires on
194     the birth date of the applicant in the fifth year the license certificate was issued.
195          (b) Except as provided under Subsections (7)(f), (g), and (h), a renewal or an extension
196     to a license expires on the birth date of the licensee in the [fifth] eighth year following the
197     expiration date of the license certificate renewed or extended.
198          (c) Except as provided under Subsections (7)(f) and (g), a duplicate license expires on
199     the same date as the last license certificate issued.
200          (d) An endorsement to a license expires on the same date as the license certificate
201     regardless of the date the endorsement was granted.
202          (e) (i) A regular license certificate and any endorsement to the regular license
203     certificate held by a person described in Subsection (7)(e)(ii), which expires during the time
204     period the person is stationed outside of the state, is valid until 90 days after the person's orders
205     have been terminated, the person has been discharged, or the person's assignment has been
206     changed or terminated, unless:
207          (A) the license is suspended, disqualified, denied, or has been cancelled or revoked by
208     the division; or
209          (B) the licensee updates the information or photograph on the license certificate.
210          (ii) The provisions in Subsection (7)(e)(i) apply to a person:
211          (A) ordered to active duty and stationed outside of Utah in any of the armed forces of

212     the United States;
213          (B) who is an immediate family member or dependent of a person described in
214     Subsection (7)(e)(ii)(A) and is residing outside of Utah;
215          (C) who is a civilian employee of the United States State Department or United States
216     Department of Defense and is stationed outside of the United States; or
217          (D) who is an immediate family member or dependent of a person described in
218     Subsection (7)(e)(ii)(C) and is residing outside of the United States.
219          (f) (i) Except as provided in Subsection (7)(f)(ii), a limited-term license certificate or a
220     renewal to a limited-term license certificate expires:
221          (A) on the expiration date of the period of time of the individual's authorized stay in
222     the United States or on the date provided under this Subsection (7), whichever is sooner; or
223          (B) on the date of issuance in the first year following the year that the limited-term
224     license certificate was issued if there is no definite end to the individual's period of authorized
225     stay.
226          (ii) A limited-term license certificate or a renewal to a limited-term license certificate
227     issued to an approved asylee or a refugee expires on the birth date of the applicant in the fifth
228     year following the year that the limited-term license certificate was issued.
229          (g) A driving privilege card issued or renewed under Section 53-3-207 expires on the
230     birth date of the applicant in the first year following the year that the driving privilege card was
231     issued or renewed.
232          (h) An original license or a renewal to an original license expires on the birth date of
233     the applicant in the first year following the year that the license was issued if the applicant is
234     required to register as a sex offender in accordance with Title 77, Chapter 41, Sex and Kidnap
235     Offender Registry.
236          (8) (a) In addition to the information required by Title 63G, Chapter 4, Administrative
237     Procedures Act, for requests for agency action, each applicant shall:
238          (i) provide:
239          (A) the applicant's full legal name;
240          (B) the applicant's birth date;
241          (C) the applicant's gender;
242          (D) (I) documentary evidence of the applicant's valid Social Security number;

243          (II) written proof that the applicant is ineligible to receive a Social Security number;
244          (III) the applicant's temporary identification number (ITIN) issued by the Internal
245     Revenue Service for a person who:
246          (Aa) does not qualify for a Social Security number; and
247          (Bb) is applying for a driving privilege card; or
248          (IV) other documentary evidence approved by the division;
249          (E) the applicant's Utah residence address as documented by a form or forms
250     acceptable under rules made by the division under Section 53-3-104, unless the application is
251     for a temporary CDL issued under Subsection 53-3-407(2)(b); and
252          (F) fingerprints and a photograph in accordance with Section 53-3-205.5 if the person
253     is applying for a driving privilege card;
254          (ii) provide evidence of the applicant's lawful presence in the United States by
255     providing documentary evidence:
256          (A) that a person is:
257          (I) a United States citizen;
258          (II) a United States national; or
259          (III) a legal permanent resident alien; or
260          (B) of the applicant's:
261          (I) unexpired immigrant or nonimmigrant visa status for admission into the United
262     States;
263          (II) pending or approved application for asylum in the United States;
264          (III) admission into the United States as a refugee;
265          (IV) pending or approved application for temporary protected status in the United
266     States;
267          (V) approved deferred action status;
268          (VI) pending application for adjustment of status to legal permanent resident or
269     conditional resident; or
270          (VII) conditional permanent resident alien status;
271          (iii) provide a description of the applicant;
272          (iv) state whether the applicant has previously been licensed to drive a motor vehicle
273     and, if so, when and by what state or country;

274          (v) state whether the applicant has ever had any license suspended, cancelled, revoked,
275     disqualified, or denied in the last 10 years, or whether the applicant has ever had any license
276     application refused, and if so, the date of and reason for the suspension, cancellation,
277     revocation, disqualification, denial, or refusal;
278          (vi) state whether the applicant intends to make an anatomical gift under Title 26,
279     Chapter 28, Revised Uniform Anatomical Gift Act, in compliance with Subsection (15);
280          (vii) state whether the applicant is required to register as a sex offender in accordance
281     with Title 77, Chapter 41, Sex and Kidnap Offender Registry;
282          (viii) state whether the applicant is a veteran of the United States military, provide
283     verification that the applicant was granted an honorable or general discharge from the United
284     States Armed Forces, and state whether the applicant does or does not authorize sharing the
285     information with the Department of Veterans and Military Affairs;
286          (ix) provide all other information the division requires; and
287          (x) sign the application which signature may include an electronic signature as defined
288     in Section 46-4-102.
289          (b) Each applicant shall have a Utah residence address, unless the application is for a
290     temporary CDL issued under Subsection 53-3-407(2)(b).
291          (c) Each applicant shall provide evidence of lawful presence in the United States in
292     accordance with Subsection (8)(a)(ii), unless the application is for a driving privilege card.
293          (d) The division shall maintain on its computerized records an applicant's:
294          (i) (A) Social Security number;
295          (B) temporary identification number (ITIN); or
296          (C) other number assigned by the division if Subsection (8)(a)(i)(D)(IV) applies; and
297          (ii) indication whether the applicant is required to register as a sex offender in
298     accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry.
299          (9) The division shall require proof of every applicant's name, birthdate, and birthplace
300     by at least one of the following means:
301          (a) current license certificate;
302          (b) birth certificate;
303          (c) Selective Service registration; or
304          (d) other proof, including church records, family Bible notations, school records, or

305     other evidence considered acceptable by the division.
306          (10) (a) Except as provided in Subsection (10)(c), if an applicant receives a license in a
307     higher class than what the applicant originally was issued:
308          (i) the license application shall be treated as an original application; and
309          (ii) license and endorsement fees shall be assessed under Section 53-3-105.
310          (b) An applicant that receives a downgraded license in a lower license class during an
311     existing license cycle that has not expired:
312          (i) may be issued a duplicate license with a lower license classification for the
313     remainder of the existing license cycle; and
314          (ii) shall be assessed a duplicate license fee under Subsection 53-3-105(23) if a
315     duplicate license is issued under Subsection (10)(b)(i).
316          (c) An applicant who has received a downgraded license in a lower license class under
317     Subsection (10)(b):
318          (i) may, when eligible, receive a duplicate license in the highest class previously issued
319     during a license cycle that has not expired for the remainder of the existing license cycle; and
320          (ii) shall be assessed a duplicate license fee under Subsection 53-3-105(23) if a
321     duplicate license is issued under Subsection (10)(c)(i).
322          (11) (a) When an application is received from a person previously licensed in another
323     state to drive a motor vehicle, the division shall request a copy of the driver's record from the
324     other state.
325          (b) When received, the driver's record becomes part of the driver's record in this state
326     with the same effect as though entered originally on the driver's record in this state.
327          (12) An application for reinstatement of a license after the suspension, cancellation,
328     disqualification, denial, or revocation of a previous license shall be accompanied by the
329     additional fee or fees specified in Section 53-3-105.
330          (13) A person who has an appointment with the division for testing and fails to keep
331     the appointment or to cancel at least 48 hours in advance of the appointment shall pay the fee
332     under Section 53-3-105.
333          (14) A person who applies for an original license or renewal of a license agrees that the
334     person's license is subject to any suspension or revocation authorized under this title or Title
335     41, Motor Vehicles.

336          (15) (a) The indication of intent under Subsection (8)(a)(vi) shall be authenticated by
337     the licensee in accordance with division rule.
338          (b) (i) Notwithstanding Title 63G, Chapter 2, Government Records Access and
339     Management Act, the division may, upon request, release to an organ procurement
340     organization, as defined in Section 26-28-102, the names and addresses of all persons who
341     under Subsection (8)(a)(vi) indicate that they intend to make an anatomical gift.
342          (ii) An organ procurement organization may use released information only to:
343          (A) obtain additional information for an anatomical gift registry; and
344          (B) inform licensees of anatomical gift options, procedures, and benefits.
345          (16) Notwithstanding Title 63G, Chapter 2, Government Records Access and
346     Management Act, the division may release to the Department of Veterans and Military Affairs
347     the names and addresses of all persons who indicate their status as a veteran under Subsection
348     (8)(a)(viii).
349          (17) The division and its employees are not liable, as a result of false or inaccurate
350     information provided under Subsection (8)(a)(vi) or (viii), for direct or indirect:
351          (a) loss;
352          (b) detriment; or
353          (c) injury.
354          (18) A person who knowingly fails to provide the information required under
355     Subsection (8)(a)(vii) is guilty of a class A misdemeanor.
356          [(19) (a) Until December 1, 2014, a person born on or after December 1, 1964, may
357     hold both an unexpired Utah license certificate and an unexpired Utah identification card.]
358          [(b) On or after December 1, 2014, a person born on or after December 1, 1964:]
359          [(i) may not hold both an unexpired Utah license certificate and an unexpired
360     identification card; and]
361          [(ii) if the person has both an unexpired Utah license certificate and an unexpired Utah
362     identification card in the person's possession, shall be required to surrender either the unexpired
363     Utah license certificate or the unexpired Utah identification card.]
364          [(c) If a person has not surrendered either the Utah license certificate or the Utah
365     identification card as required under this Subsection (19), the division shall cancel the Utah
366     identification card on December 1, 2014.]

367          [(20) (a) Until December 1, 2017, a person born prior to December 1, 1964, may hold
368     both an unexpired Utah license certificate and an unexpired Utah identification card.]
369          [(b) On or after December 1, 2017, a person born prior to December 1, 1964:]
370          [(i) may not hold both an unexpired Utah license certificate and an unexpired
371     identification card; and]
372          [(ii) if the person has both an unexpired Utah license certificate and an unexpired Utah
373     identification card in the person's possession, shall be required to surrender either the unexpired
374     Utah license certificate or the unexpired Utah identification card.]
375          [(c) If a person has not surrendered either the Utah license certificate or the Utah
376     identification card as required under this Subsection (20), the division shall cancel the Utah
377     identification card on December 1, 2017.]
378          (19) A person may not hold both an unexpired Utah license certificate and an
379     unexpired identification card.
380          [(21)] (20) (a) A person who applies for an original motorcycle endorsement to a
381     regular license certificate is exempt from the requirement to pass the knowledge and skills test
382     to be eligible for the motorcycle endorsement if the person:
383          (i) is a resident of the state of Utah;
384          (ii) (A) is ordered to active duty and stationed outside of Utah in any of the armed
385     forces of the United States; or
386          (B) is an immediate family member or dependent of a person described in Subsection
387     [(21)] (20)(a)(ii)(A) and is residing outside of Utah;
388          (iii) has a digitized driver license photo on file with the division;
389          (iv) provides proof to the division of the successful completion of a certified
390     Motorcycle Safety Foundation rider training course; and
391          (v) provides the necessary information and documentary evidence required under
392     Subsection (8).
393          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
394     division shall make rules:
395          (i) establishing the procedures for a person to obtain a motorcycle endorsement under
396     this Subsection [(21)] (20); and
397          (ii) identifying the applicable restrictions for a motorcycle endorsement issued under

398     this Subsection [(21)] (20).
399          Section 3. Section 53-3-214 is amended to read:
400          53-3-214. Renewal -- Fees required -- Extension without examination.
401          (1) (a) The holder of a valid license may renew the holder's license and any
402     endorsement to the license by applying:
403          (i) at any time within six months before the license expires; or
404          (ii) more than six months prior to the expiration date if the applicant furnishes proof
405     that the applicant will be absent from the state during the six-month period prior to the
406     expiration of the license.
407          (b) The application for a renewal of, extension of, or any endorsement to a license shall
408     be accompanied by a fee under Section 53-3-105.
409          (2) (a) Except as provided under Subsections (2)(b) and (3), upon application for
410     renewal of a regular license certificate, provisional license, and any endorsement to a regular
411     license certificate, the division shall reexamine each applicant as if for an original license and
412     endorsement to the license, if applicable.
413          (b) Except as provided under Subsection (2)(c), upon application for renewal of a
414     limited-term license certificate, limited-term provisional license certificate, and any
415     endorsement to a limited-term license certificate, the division shall:
416          (i) reexamine each applicant as if for an original limited-term license certificate and
417     endorsement to the limited-term license certificate, if applicable; and
418          (ii) verify through valid documentary evidence that the status by which the individual
419     originally qualified for the limited-term license certificate has been extended by the United
420     States Citizenship and Immigration Services or other authorized agency of the United States
421     Department of Homeland Security.
422          (c) The division may waive any or all portions of the test designed to demonstrate the
423     applicant's ability to exercise ordinary and reasonable control driving a motor vehicle.
424          (3) (a) (i) Except as provided under Subsections (3)(b) and (c), the division may renew
425     or extend a regular license certificate[,] or any endorsement to the regular license certificate[, a
426     provisional license, and any endorsement to a provisional license for five] for eight years
427     without examination for licensees whose driving records for the [five] eight years immediately
428     preceding the determination of eligibility for extension show:

429          [(i)] (A) no suspensions;
430          [(ii)] (B) no revocations;
431          [(iii)] (C) no conviction for reckless driving under Section 41-6a-528; and
432          [(iv)] (D) no more than [four] six reportable violations in the preceding [five] eight
433     years.
434          (ii) Except as provided under Subsections (3)(b) and (c), the division may renew or
435     extend a provisional license and any endorsement to a provisional license for eight years
436     without examination for licensees whose driving records for the five years immediately
437     preceding the determination of eligibility for extension show:
438          (A) no suspensions;
439          (B) no revocations;
440          (C) no conviction for reckless driving under Section 41-6a-528; and
441          (D) no more than four reportable violations in the preceding five years.
442          (iii) Except as provided under Subsections (3)(b) and (c), the division may renew or
443     extend a limited term license and any endorsement to a limited term license for five years
444     without examination for licensees whose driving records for the five years immediately
445     preceding the determination of eligibility for extension show:
446          (A) no suspensions;
447          (B) no revocations;
448          (C) no conviction for reckless driving under Section 41-6a-528; and
449          (D) no more than four reportable violations in the preceding five years.
450          (b) Except as provided in Subsection (3)(g), after the expiration of a regular license
451     certificate, a new regular license certificate and any endorsement to a regular license certificate
452     may not be issued until the person has again passed the tests under Section 53-3-206 and paid
453     the required fee.
454          (c) After the expiration of a limited-term license certificate, a new limited-term license
455     certificate and any endorsement to a limited-term license certificate may not be issued until the
456     person has:
457          (i) again passed the tests under Section 53-3-206 and paid the required fee; and
458          (ii) presented documentary evidence that the status by which the individual originally
459     qualified for the limited-term license certificate has been extended by the United States

460     Citizenship and Immigration Services or other authorized agency of the United States
461     Department of Homeland Security.
462          (d) A person 65 years of age or older shall take and pass the eye examination specified
463     in Section 53-3-206.
464          (e) An extension may not be granted to any person:
465          (i) who is identified by the division as having a medical impairment that may represent
466     a hazard to public safety;
467          (ii) holding a CDL or limited-term CDL issued under Part 4, Uniform Commercial
468     Driver License Act;
469          (iii) who is holding a limited-term license certificate; or
470          (iv) who is holding a driving privilege card issued in accordance with Section
471     53-3-207.
472          (f) The division shall allow extensions:
473          (i) by mail, electronic means, or other means as determined by the division at the
474     appropriate extension fee rate under Section 53-3-105;
475          (ii) only if the applicant qualifies under this section; and
476          (iii) for only one extension.
477          (g) The division may waive any or all portions of the test designed to demonstrate the
478     applicant's ability to exercise ordinary and reasonable control driving a motor vehicle.
479          Section 4. Section 53-3-803 is amended to read:
480          53-3-803. Application for identification card -- Age requirements -- Application
481     on behalf of others.
482          (1) A person at least 16 years of age or older may apply to the division for an
483     identification card.
484          (2) A person younger than 16 years of age may apply to the division for an
485     identification card with the consent of the applicant's parent or guardian.
486          (3) (a) If a person is unable to apply for the card due to his youth or incapacitation, the
487     application may be made on behalf of that person by his parent or guardian.
488          (b) A parent or guardian applying for an identification card on behalf of a child or
489     incapacitated person shall provide:
490          (i) identification, as required by the commissioner; and

491          (ii) the consent of the incapacitated person, as required by the commissioner.
492          (4) [Beginning on or after July 1, 2012, a] A person who holds an unexpired Utah
493     license certificate issued under Part 2, Driver Licensing Act, may not be issued a Utah
494     identification card or an extension of a regular identification card unless:
495          (a) the Utah license certificate is canceled; and
496          (b) if the Utah license certificate is in the person's possession, the Utah license
497     certificate is surrendered to the division.
498          Section 5. Section 53-3-804 is amended to read:
499          53-3-804. Application for identification card -- Required information -- Release
500     of anatomical gift information -- Cancellation of identification card.
501          (1) To apply for a regular identification card or limited-term identification card, the
502     applicant shall:
503          (a) be a Utah resident;
504          (b) have a Utah residence address; and
505          (c) appear in person at any license examining station.
506          (2) The applicant shall provide the following information to the division:
507          (a) true and full legal name and Utah residence address;
508          (b) date of birth as set forth in a certified copy of the applicant's birth certificate, or
509     other satisfactory evidence of birth, which shall be attached to the application;
510          (c) (i) Social Security number; or
511          (ii) written proof that the applicant is ineligible to receive a Social Security number;
512          (d) place of birth;
513          (e) height and weight;
514          (f) color of eyes and hair;
515          (g) signature;
516          (h) photograph;
517          (i) evidence of the applicant's lawful presence in the United States by providing
518     documentary evidence:
519          (i) that a person is:
520          (A) a United States citizen;
521          (B) a United States national; or

522          (C) a legal permanent resident alien; or
523          (ii) of the applicant's:
524          (A) unexpired immigrant or nonimmigrant visa status for admission into the United
525     States;
526          (B) pending or approved application for asylum in the United States;
527          (C) admission into the United States as a refugee;
528          (D) pending or approved application for temporary protected status in the United
529     States;
530          (E) approved deferred action status;
531          (F) pending application for adjustment of status to legal permanent resident or
532     conditional resident; or
533          (G) conditional permanent resident alien status;
534          (j) an indication whether the applicant intends to make an anatomical gift under Title
535     26, Chapter 28, Revised Uniform Anatomical Gift Act;
536          (k) an indication whether the applicant is required to register as a sex offender in
537     accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry; and
538          (l) an indication whether the applicant is a veteran of the United States Armed Forces,
539     verification that the applicant has received an honorable or general discharge from the United
540     States Armed Forces, and an indication whether the applicant does or does not authorize
541     sharing the information with the state Department of Veterans and Military Affairs.
542          (3) The requirements of Section 53-3-234 apply to this section for each person, age 16
543     and older, applying for an identification card. Refusal to consent to the release of information
544     shall result in the denial of the identification card.
545          (4) A person who knowingly fails to provide the information required under Subsection
546     (2)(k) is guilty of a class A misdemeanor.
547          [(5) (a) Until December 1, 2014, a person born on or after December 1, 1964, may hold
548     both an unexpired Utah license certificate and an unexpired Utah identification card.]
549          [(b) On or after December 1, 2014, a person born on or after December 1, 1964:]
550          [(i) may not hold both an unexpired Utah license certificate and an unexpired
551     identification card; and]
552          [(ii) if the person has both an unexpired Utah license certificate and an unexpired Utah

553     identification card in the person's possession, shall be required to surrender either the unexpired
554     Utah license certificate or the unexpired Utah identification card.]
555          [(c) If a person has not surrendered either the Utah license certificate or the Utah
556     identification card as required under this Subsection (5), the division shall cancel the Utah
557     identification card on December 1, 2014.]
558          [(6) (a) Until December 1, 2017, a person born prior to December 1, 1964, may hold
559     both an unexpired Utah license certificate and an unexpired Utah identification card.]
560          [(b) On or after December 1, 2017, a person born prior to December 1, 1964:]
561          [(i) may not hold both an unexpired Utah license certificate and an unexpired
562     identification card; and]
563          [(ii) if the person has both an unexpired Utah license certificate and an unexpired Utah
564     identification card in the person's possession, shall be required to surrender either the unexpired
565     Utah license certificate or the unexpired Utah identification card.]
566          [(c) If a person has not surrendered either the Utah license certificate or the Utah
567     identification card as required under this Subsection (6), the division shall cancel the Utah
568     identification card on December 1, 2017.]
569          (5) A person may not hold both an unexpired Utah license certificate and an unexpired
570     identification card.
571          Section 6. Section 53-3-806.5 is amended to read:
572          53-3-806.5. Identification card required if offender does not have driver license.
573          (1) (a) If a person is required to register as a sex offender in accordance with Title 77,
574     Chapter 41, Sex and Kidnap Offender Registry or as a child abuse offender in accordance with
575     Title 77, Chapter 43, Child Abuse Offender Registry, and the person does not hold a current
576     driver license in compliance with Section 53-3-205, the person shall obtain an identification
577     card.
578          (b) The person shall maintain a current identification card during any time the person is
579     required to register as a sex or child abuse offender and the person does not hold a valid driver
580     license.
581          (2) Failure to maintain a current identification card as required under Subsection (1)
582     [on and after April 30, 2007] is a class A misdemeanor for each month of violation of
583     Subsection (1).

584          Section 7. Section 53-3-807 is amended to read:
585          53-3-807. Expiration -- Address and name change -- Extension.
586          (1) (a) A regular identification card [issued on or after July 1, 2006,] expires on the
587     birth date of the applicant in the fifth year following the issuance of the regular identification
588     card.
589          (b) A limited-term identification card expires on:
590          (i) the expiration date of the period of time of the individual's authorized stay in the
591     United States or on the birth date of the applicant in the fifth year following the issuance of the
592     limited-term identification card, whichever is sooner; or
593          (ii) on the date of issuance in the first year following the year that the limited-term
594     identification card was issued if there is no definite end to the individual's period of authorized
595     stay.
596          (2) If a person has applied for and received an identification card and subsequently
597     moves from the address shown on the application or on the card, the person shall within 10
598     days notify the division in a manner specified by the division of the person's new address.
599          (3) If a person has applied for and received an identification card and subsequently
600     changes the person's name under Title 42, Chapter 1, Change of Name, the person:
601          (a) shall surrender the card to the division; and
602          (b) may apply for a new card in the person's new name by:
603          (i) furnishing proper documentation to the division as provided in Section 53-3-804;
604     and
605          (ii) paying the fee required under Section 53-3-105.
606          (4) (a) Except as provided in Subsection (4)(c), if a person has applied for and received
607     an identification card and is currently required to register as a sex offender in accordance with
608     Title 77, Chapter 41, Sex and Kidnap Offender Registry:
609          (i) the person's identification card expires annually on the next birth date of the
610     cardholder[, on and after July 1, 2006]; and
611          (ii) the person shall surrender the person's identification card to the division on or
612     before the cardholder's next birth date [beginning on July 1, 2006; and].
613          [(iii) the person may apply for an identification card with an expiration date identified
614     in Subsection (8) by:]

615          [(A) furnishing proper documentation to the division as provided in Section 53-3-804;
616     and]
617          [(B) paying the fee for an identification card required under Section 53-3-105.]
618          (b) Except as provided in Subsection (4)(c), if a person has applied for and received an
619     identification card and is subsequently convicted of any offense listed in Subsection
620     77-41-102(17), the person shall surrender the card to the division on the person's next birth
621     date following the conviction and may apply for a new card [with an expiration date identified
622     in Subsection (8)] by:
623          (i) furnishing proper documentation to the division as provided in Section 53-3-804;
624     and
625          (ii) paying the fee required under Section 53-3-105.
626          (c) A person who is unable to comply with the provisions of Subsection (4)(a) or (4)(b)
627     because the person is in the custody of the Department of Corrections or Division of Juvenile
628     Justice Services, confined in a correctional facility not operated by or under contract with the
629     Department of Corrections, or committed to a state mental facility, shall comply with the
630     provisions of Subsection (4)(a) or (b) within 10 days of being released from confinement.
631          (5) A person older than 21 years of age with a disability, as defined under the
632     Americans with Disabilities Act of 1990, Pub. L. 101-336, may extend the expiration date on
633     an identification card for five years if the person with a disability or an agent of the person with
634     a disability:
635          (a) requests that the division send the application form to obtain the extension or
636     requests an application form in person at the division's offices;
637          (b) completes the application;
638          (c) certifies that the extension is for a person 21 years of age or older with a disability;
639     and
640          (d) returns the application to the division together with the identification card fee
641     required under Section 53-3-105.
642          (6) (a) The division may extend a valid regular identification card for five years[: (a)
643     (i)] at any time within six months before the identification card expires[; and].
644          [(ii) if the identification card was issued after January 1, 2010.]
645          (b) The application for an extension of a regular identification card shall be

646     accompanied by a fee under Section 53-3-105.
647          (c) The division shall allow extensions:
648          (i) by mail, electronic means, or other means as determined by the division at the
649     appropriate extension fee rate under Section 53-3-105; and
650          (ii) only if the applicant qualifies under this section.
651          (7) (a) (i) Except as prohibited under Subsection (7)(b), a regular identification card
652     may only be extended once under Subsections (5) and (6).
653          (ii) After an extension an application for an identification card must be applied for in
654     person at the division's offices.
655          (b) An identification card issued to a person required to register as a sex offender in
656     accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry, may not be extended.
657          [(8) An identification card issued prior to July 1, 2006 to a person 65 years of age or
658     older expires on December 1, 2017.]
659          [(9)] (8) Notwithstanding the provisions of this section, an identification card expires
660     on the birth date of the applicant in the first year following the year that the identification card
661     was issued if the applicant is required to register as a sex offender in accordance with Title 77,
662     Chapter 41, Sex and Kidnap Offender Registry.
663          [(10)] (9) A person who knowingly fails to surrender an identification card under
664     Subsection (4) is guilty of a class A misdemeanor.
665          Section 8. Effective date.
666          This bill takes effect on January 1, 2020.