This document includes Senate Committee Amendments incorporated into the bill on Thu, Jan 31, 2019 at 10:21 AM by lpoole.
1     
ELECTRONIC DRIVER LICENSES

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lincoln Fillmore

5     
House Sponsor: Craig Hall

6     

7     LONG TITLE
8     General Description:
9          This bill defines "electronic license certificate" and requires the Driver License
10     Division to implement electronic license certificates.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines "electronic license certificate";
14          ▸     amends the definition of "license certificate" to include an electronic license
15     certificate;
16          ▸     requires the Driver License Division to implement procedures for an individual to
17     obtain an electronic license certificate;
18          ▸     requires the Driver License Division to gather information regarding an electronic
19     license certificate program from potential vendors;
20          ▸     grants rulemaking authority to the Driver License Division; and
21          ▸     makes technical changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:
28          53-3-102, as last amended by Laws of Utah 2017, Chapter 297
29     ENACTS:
30          53-3-235, Utah Code Annotated 1953
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 53-3-102 is amended to read:
34          53-3-102. Definitions.
35          As used in this chapter:
36          (1) "Autocycle" means a motor vehicle that:
37          (a) is designed to travel with three or fewer wheels in contact with the ground;
38          (b) is equipped with a steering wheel; and
39          (c) is equipped with seating that does not require the operator to straddle or sit astride
40     the vehicle.
41          (2) "Cancellation" means the termination by the division of a license issued through
42     error or fraud or for which consent under Section 53-3-211 has been withdrawn.
43          (3) "Class D license" means the class of license issued to drive motor vehicles not
44     defined as commercial motor vehicles or motorcycles under this chapter.
45          (4) "Commercial driver instruction permit" or "CDIP" means a commercial learner
46     permit:
47          (a) issued under Section 53-3-408; or
48          (b) issued by a state or other jurisdiction of domicile in compliance with the standards
49     contained in 49 C.F.R. Part 383.
50          (5) "Commercial driver license" or "CDL" means a license:
51          (a) issued substantially in accordance with the requirements of Title XII, Pub. L.
52     99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
53     Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
54     commercial motor vehicle; and
55          (b) that was obtained by providing evidence of lawful presence in the United States
56     with one of the document requirements described in Subsection 53-3-410(1)(i)(i).
57          (6) (a) "Commercial driver license motor vehicle record" or "CDL MVR" means a
58     driving record that:
59          (i) applies to a person who holds or is required to hold a commercial driver instruction
60     permit or a CDL license; and
61          (ii) contains the following:
62          (A) information contained in the driver history, including convictions, pleas held in
63     abeyance, disqualifications, and other licensing actions for violations of any state or local law
64     relating to motor vehicle traffic control, committed in any type of vehicle;
65          (B) driver self-certification status information under Section 53-3-410.1; and
66          (C) information from medical certification record keeping in accordance with 49
67     C.F.R. Sec. 383.73(o).
68          (b) "Commercial driver license motor vehicle record" or "CDL MVR" does not mean a
69     motor vehicle record described in Subsection [(30)] (31).
70          (7) (a) "Commercial motor vehicle" means a motor vehicle or combination of motor
71     vehicles designed or used to transport passengers or property if the motor vehicle:
72          (i) has a gross vehicle weight rating of 26,001 or more pounds or a lesser rating as
73     determined by federal regulation;
74          (ii) is designed to transport 16 or more passengers, including the driver; or
75          (iii) is transporting hazardous materials and is required to be placarded in accordance
76     with 49 C.F.R. Part 172, Subpart F.
77          (b) The following vehicles are not considered a commercial motor vehicle for purposes
78     of Part 4, Uniform Commercial Driver License Act:
79          (i) equipment owned and operated by the United States Department of Defense when
80     driven by any active duty military personnel and members of the reserves and national guard on
81     active duty including personnel on full-time national guard duty, personnel on part-time
82     training, and national guard military technicians and civilians who are required to wear military
83     uniforms and are subject to the code of military justice;
84          (ii) vehicles controlled and driven by a farmer to transport agricultural products, farm
85     machinery, or farm supplies to or from a farm within 150 miles of his farm but not in operation
86     as a motor carrier for hire;
87          (iii) firefighting and emergency vehicles;
88          (iv) recreational vehicles that are not used in commerce and are driven solely as family
89     or personal conveyances for recreational purposes; and
90          (v) vehicles used to provide transportation network services, as defined in Section
91     13-51-102.
92          (8) "Conviction" means any of the following:
93          (a) an unvacated adjudication of guilt or a determination that a person has violated or
94     failed to comply with the law in a court of original jurisdiction or an administrative proceeding;
95          (b) an unvacated forfeiture of bail or collateral deposited to secure a person's
96     appearance in court;
97          (c) a plea of guilty or nolo contendere accepted by the court;
98          (d) the payment of a fine or court costs; or
99          (e) violation of a condition of release without bail, regardless of whether the penalty is
100     rebated, suspended, or probated.
101          (9) "Denial" or "denied" means the withdrawal of a driving privilege by the division to
102     which the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or Operator's Security,
103     do not apply.
104          (10) "Director" means the division director appointed under Section 53-3-103.
105          (11) "Disqualification" means either:
106          (a) the suspension, revocation, cancellation, denial, or any other withdrawal by a state
107     of a person's privileges to drive a commercial motor vehicle;
108          (b) a determination by the Federal Highway Administration, under 49 C.F.R. Part 386,
109     that a person is no longer qualified to drive a commercial motor vehicle under 49 C.F.R. Part
110     391; or
111          (c) the loss of qualification that automatically follows conviction of an offense listed in
112     49 C.F.R. Part 383.51.
113          (12) "Division" means the Driver License Division of the department created in
114     Section 53-3-103.
115          (13) "Downgrade" means to obtain a lower license class than what was originally
116     issued during an existing license cycle.
117          (14) "Drive" means:
118          (a) to operate or be in physical control of a motor vehicle upon a highway; and
119          (b) in Subsections 53-3-414(1) through (3), Subsection 53-3-414(5), and Sections
120     53-3-417 and 53-3-418, the operation or physical control of a motor vehicle at any place within
121     the state.
122          (15) (a) "Driver" means any person who drives, or is in actual physical control of a
123     motor vehicle in any location open to the general public for purposes of vehicular traffic.
124          (b) In Part 4, Uniform Commercial Driver License Act, "driver" includes any person
125     who is required to hold a CDL under Part 4, Uniform Commercial Driver License Act, or
126     federal law.
127          (16) "Driving privilege card" means the evidence of the privilege granted and issued
128     under this chapter to drive a motor vehicle to a person whose privilege was obtained without
129     providing evidence of lawful presence in the United States.
130          (17) "Electronic license certificate" means the evidence, in an electronic format as
131     described in Section 53-3-235, of a privilege granted under this chapter to drive a motor
132     vehicle.
133          [(17)] (18) "Extension" means a renewal completed in a manner specified by the
134     division.
135          [(18)] (19) "Farm tractor" means every motor vehicle designed and used primarily as a
136     farm implement for drawing plows, mowing machines, and other implements of husbandry.
137          [(19)] (20) "Highway" means the entire width between property lines of every way or
138     place of any nature when any part of it is open to the use of the public, as a matter of right, for
139     traffic.
140          [(20)] (21) "Identification card" means a card issued under Part 8, Identification Card
141     Act, to a person for identification purposes.
142          [(21)] (22) "Indigent" means that a person's income falls below the federal poverty
143     guideline issued annually by the U.S. Department of Health and Human Services in the Federal
144     Register.
145          [(22)] (23) "License" means the privilege to drive a motor vehicle.
146          [(23)] (24) (a) "License certificate" means the evidence of the privilege issued under
147     this chapter to drive a motor vehicle.
148          (b) "License certificate" evidence includes [a]:
149          (i) a regular license certificate;
150          (ii) a limited-term license certificate;
151          (iii) a driving privilege card;
152          (iv) a CDL license certificate;
153          (v) a limited-term CDL license certificate;
154          (vi) a temporary regular license certificate; [and]
155          (vii) a temporary limited-term license certificate[.]; and
156          (viii) an electronic license certificate created in Section 53-3-235.
157          [(24)] (25) "Limited-term commercial driver license" or "limited-term CDL" means a
158     license:
159          (a) issued substantially in accordance with the requirements of Title XII, Pub. L. No.
160     99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
161     Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
162     commercial motor vehicle; and
163          (b) that was obtained by providing evidence of lawful presence in the United States
164     with one of the document requirements described in Subsection 53-3-410(1)(i)(ii).
165          [(25)] (26) "Limited-term identification card" means an identification card issued under
166     this chapter to a person whose card was obtained by providing evidence of lawful presence in
167     the United States with one of the document requirements described in Subsection
168     53-3-804(2)(i)(ii).
169          [(26)] (27) "Limited-term license certificate" means the evidence of the privilege
170     granted and issued under this chapter to drive a motor vehicle to a person whose privilege was
171     obtained providing evidence of lawful presence in the United States with one of the document
172     requirements described in Subsection 53-3-205(8)(a)(ii)(B).
173          [(27)] (28) "Motorboat" means the same as that term is defined in Section 73-18-2.
174          [(28)] (29) "Motorcycle" means every motor vehicle, other than a tractor, having a seat
175     or saddle for the use of the rider and designed to travel with not more than three wheels in
176     contact with the ground.
177          [(29)] (30) "Motor vehicle" means the same as that term is defined in Section
178     41-1a-102.
179          [(30)] (31) "Motor vehicle record" or "MVR" means a driving record under Subsection
180     53-3-109(6)(a).
181          [(31)] (32) "Office of Recovery Services" means the Office of Recovery Services,
182     created in Section 62A-11-102.
183          [(32)] (33) (a) "Owner" means a person other than a lien holder having an interest in
184     the property or title to a vehicle.
185          (b) "Owner" includes a person entitled to the use and possession of a vehicle subject to
186     a security interest in another person but excludes a lessee under a lease not intended as security.
187          [(33)] (34) (a) "Private passenger carrier" means any motor vehicle for hire that is:
188          (i) designed to transport 15 or fewer passengers, including the driver; and
189          (ii) operated to transport an employee of the person that hires the motor vehicle.
190          (b) "Private passenger carrier" does not include:
191          (i) a taxicab;
192          (ii) a motor vehicle driven by a transportation network driver as defined in Section
193     13-51-102;
194          (iii) a motor vehicle driven for transportation network services as defined in Section
195     13-51-102; and
196          (iv) a motor vehicle driven for a transportation network company as defined in Section
197     13-51-102 and registered with the Division of Consumer Protection as described in Section
198     13-51-104.
199          [(34)] (35) "Regular identification card" means an identification card issued under this
200     chapter to a person whose card was obtained by providing evidence of lawful presence in the
201     United States with one of the document requirements described in Subsection 53-3-804(2)(i)(i).
202          [(35)] (36) "Regular license certificate" means the evidence of the privilege issued
203     under this chapter to drive a motor vehicle whose privilege was obtained by providing evidence
204     of lawful presence in the United States with one of the document requirements described in
205     Subsection 53-3-205(8)(a)(ii)(A).
206          [(36)] (37) "Renewal" means to validate a license certificate so that it expires at a later
207     date.
208          [(37)] (38) "Reportable violation" means an offense required to be reported to the
209     division as determined by the division and includes those offenses against which points are
210     assessed under Section 53-3-221.
211          [(38)] (39) (a) "Resident" means an individual who:
212          (i) has established a domicile in this state, as defined in Section 41-1a-202, or
213     regardless of domicile, remains in this state for an aggregate period of six months or more
214     during any calendar year;
215          (ii) engages in a trade, profession, or occupation in this state, or who accepts
216     employment in other than seasonal work in this state, and who does not commute into the state;
217          (iii) declares himself to be a resident of this state by obtaining a valid Utah driver
218     license certificate or motor vehicle registration; or
219          (iv) declares himself a resident of this state to obtain privileges not ordinarily extended
220     to nonresidents, including going to school, or placing children in school without paying
221     nonresident tuition or fees.
222          (b) "Resident" does not include any of the following:
223          (i) a member of the military, temporarily stationed in this state;
224          (ii) an out-of-state student, as classified by an institution of higher education,
225     regardless of whether the student engages in any type of employment in this state;
226          (iii) a person domiciled in another state or country, who is temporarily assigned in this
227     state, assigned by or representing an employer, religious or private organization, or a
228     governmental entity; or
229          (iv) an immediate family member who resides with or a household member of a person
230     listed in Subsections [(38)] (39)(b)(i) through (iii).
231          [(39)] (40) "Revocation" means the termination by action of the division of a licensee's
232     privilege to drive a motor vehicle.
233          [(40)] (41) (a) "School bus" means a commercial motor vehicle used to transport
234     pre-primary, primary, or secondary school students to and from home and school, or to and
235     from school sponsored events.
236          (b) "School bus" does not include a bus used as a common carrier as defined in Section
237     59-12-102.
238          [(41)] (42) "Suspension" means the temporary withdrawal by action of the division of a
239     licensee's privilege to drive a motor vehicle.
240          [(42)] (43) "Taxicab" means any class D motor vehicle transporting any number of
241     passengers for hire and that is subject to state or federal regulation as a taxi.
242          Section 2. Section 53-3-235 is enacted to read:
243          53-3-235. Electronic license certificate.
244          (1) On or before Ŝ→ [July 1, 2020] January 1, 2021 ←Ŝ , the division shall establish a
244a     process for an individual to
245     obtain an electronic license certificate.
246          (2) The division shall issue a request for information to gather information from
247     potential vendors to contract with the division to establish processes within the division to
248     provide an electronic license certificate, including:
249          (a) an estimate of associated costs to the division;
250          (b) relevant processes and programming that the division may need to establish; or
251          (c) other relevant information.
252          (3) The division may contract with an outside vendor to administer processes related to
253     electronic license certificates.
254          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
255     division may make rules necessary to facilitate the implementation, coordination, and
256     administration of electronic license certificates.