Senator Lincoln Fillmore proposes the following substitute bill:


1     
ELECTRONIC DRIVER LICENSES

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lincoln Fillmore

5     
House Sponsor: V. Lowry Snow

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          This bill appropriates in fiscal year 2019:
24          ▸     to the Department of Public Safety - Driver License, as a one-time appropriation:
25               •     from the General Fund, One-time, $200,000.
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:
30          53-3-102, as last amended by Laws of Utah 2017, Chapter 297
31     ENACTS:
32          53-3-235, Utah Code Annotated 1953
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 53-3-102 is amended to read:
36          53-3-102. Definitions.
37          As used in this chapter:
38          (1) "Autocycle" means a motor vehicle that:
39          (a) is designed to travel with three or fewer wheels in contact with the ground;
40          (b) is equipped with a steering wheel; and
41          (c) is equipped with seating that does not require the operator to straddle or sit astride
42     the vehicle.
43          (2) "Cancellation" means the termination by the division of a license issued through
44     error or fraud or for which consent under Section 53-3-211 has been withdrawn.
45          (3) "Class D license" means the class of license issued to drive motor vehicles not
46     defined as commercial motor vehicles or motorcycles under this chapter.
47          (4) "Commercial driver instruction permit" or "CDIP" means a commercial learner
48     permit:
49          (a) issued under Section 53-3-408; or
50          (b) issued by a state or other jurisdiction of domicile in compliance with the standards
51     contained in 49 C.F.R. Part 383.
52          (5) "Commercial driver license" or "CDL" means a license:
53          (a) issued substantially in accordance with the requirements of Title XII, Pub. L.
54     99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
55     Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
56     commercial motor vehicle; and
57          (b) that was obtained by providing evidence of lawful presence in the United States
58     with one of the document requirements described in Subsection 53-3-410(1)(i)(i).
59          (6) (a) "Commercial driver license motor vehicle record" or "CDL MVR" means a
60     driving record that:
61          (i) applies to a person who holds or is required to hold a commercial driver instruction
62     permit or a CDL license; and
63          (ii) contains the following:
64          (A) information contained in the driver history, including convictions, pleas held in
65     abeyance, disqualifications, and other licensing actions for violations of any state or local law
66     relating to motor vehicle traffic control, committed in any type of vehicle;
67          (B) driver self-certification status information under Section 53-3-410.1; and
68          (C) information from medical certification record keeping in accordance with 49
69     C.F.R. Sec. 383.73(o).
70          (b) "Commercial driver license motor vehicle record" or "CDL MVR" does not mean a
71     motor vehicle record described in Subsection [(30)] (31).
72          (7) (a) "Commercial motor vehicle" means a motor vehicle or combination of motor
73     vehicles designed or used to transport passengers or property if the motor vehicle:
74          (i) has a gross vehicle weight rating of 26,001 or more pounds or a lesser rating as
75     determined by federal regulation;
76          (ii) is designed to transport 16 or more passengers, including the driver; or
77          (iii) is transporting hazardous materials and is required to be placarded in accordance
78     with 49 C.F.R. Part 172, Subpart F.
79          (b) The following vehicles are not considered a commercial motor vehicle for purposes
80     of Part 4, Uniform Commercial Driver License Act:
81          (i) equipment owned and operated by the United States Department of Defense when
82     driven by any active duty military personnel and members of the reserves and national guard on
83     active duty including personnel on full-time national guard duty, personnel on part-time
84     training, and national guard military technicians and civilians who are required to wear military
85     uniforms and are subject to the code of military justice;
86          (ii) vehicles controlled and driven by a farmer to transport agricultural products, farm
87     machinery, or farm supplies to or from a farm within 150 miles of his farm but not in operation
88     as a motor carrier for hire;
89          (iii) firefighting and emergency vehicles;
90          (iv) recreational vehicles that are not used in commerce and are driven solely as family
91     or personal conveyances for recreational purposes; and
92          (v) vehicles used to provide transportation network services, as defined in Section
93     13-51-102.
94          (8) "Conviction" means any of the following:
95          (a) an unvacated adjudication of guilt or a determination that a person has violated or
96     failed to comply with the law in a court of original jurisdiction or an administrative proceeding;
97          (b) an unvacated forfeiture of bail or collateral deposited to secure a person's
98     appearance in court;
99          (c) a plea of guilty or nolo contendere accepted by the court;
100          (d) the payment of a fine or court costs; or
101          (e) violation of a condition of release without bail, regardless of whether the penalty is
102     rebated, suspended, or probated.
103          (9) "Denial" or "denied" means the withdrawal of a driving privilege by the division to
104     which the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or Operator's Security,
105     do not apply.
106          (10) "Director" means the division director appointed under Section 53-3-103.
107          (11) "Disqualification" means either:
108          (a) the suspension, revocation, cancellation, denial, or any other withdrawal by a state
109     of a person's privileges to drive a commercial motor vehicle;
110          (b) a determination by the Federal Highway Administration, under 49 C.F.R. Part 386,
111     that a person is no longer qualified to drive a commercial motor vehicle under 49 C.F.R. Part
112     391; or
113          (c) the loss of qualification that automatically follows conviction of an offense listed in
114     49 C.F.R. Part 383.51.
115          (12) "Division" means the Driver License Division of the department created in
116     Section 53-3-103.
117          (13) "Downgrade" means to obtain a lower license class than what was originally
118     issued during an existing license cycle.
119          (14) "Drive" means:
120          (a) to operate or be in physical control of a motor vehicle upon a highway; and
121          (b) in Subsections 53-3-414(1) through (3), Subsection 53-3-414(5), and Sections
122     53-3-417 and 53-3-418, the operation or physical control of a motor vehicle at any place within
123     the state.
124          (15) (a) "Driver" means any person who drives, or is in actual physical control of a
125     motor vehicle in any location open to the general public for purposes of vehicular traffic.
126          (b) In Part 4, Uniform Commercial Driver License Act, "driver" includes any person
127     who is required to hold a CDL under Part 4, Uniform Commercial Driver License Act, or
128     federal law.
129          (16) "Driving privilege card" means the evidence of the privilege granted and issued
130     under this chapter to drive a motor vehicle to a person whose privilege was obtained without
131     providing evidence of lawful presence in the United States.
132          (17) "Electronic license certificate" means the evidence, in an electronic format as
133     described in Section 53-3-235, of a privilege granted under this chapter to drive a motor
134     vehicle.
135          [(17)] (18) "Extension" means a renewal completed in a manner specified by the
136     division.
137          [(18)] (19) "Farm tractor" means every motor vehicle designed and used primarily as a
138     farm implement for drawing plows, mowing machines, and other implements of husbandry.
139          [(19)] (20) "Highway" means the entire width between property lines of every way or
140     place of any nature when any part of it is open to the use of the public, as a matter of right, for
141     traffic.
142          [(20)] (21) "Identification card" means a card issued under Part 8, Identification Card
143     Act, to a person for identification purposes.
144          [(21)] (22) "Indigent" means that a person's income falls below the federal poverty
145     guideline issued annually by the U.S. Department of Health and Human Services in the Federal
146     Register.
147          [(22)] (23) "License" means the privilege to drive a motor vehicle.
148          [(23)] (24) (a) "License certificate" means the evidence of the privilege issued under
149     this chapter to drive a motor vehicle.
150          (b) "License certificate" evidence includes [a]:
151          (i) a regular license certificate;
152          (ii) a limited-term license certificate;
153          (iii) a driving privilege card;
154          (iv) a CDL license certificate;
155          (v) a limited-term CDL license certificate;
156          (vi) a temporary regular license certificate; [and]
157          (vii) a temporary limited-term license certificate[.]; and
158          (viii) an electronic license certificate created in Section 53-3-235.
159          [(24)] (25) "Limited-term commercial driver license" or "limited-term CDL" means a
160     license:
161          (a) issued substantially in accordance with the requirements of Title XII, Pub. L. No.
162     99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
163     Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
164     commercial motor vehicle; and
165          (b) that was obtained by providing evidence of lawful presence in the United States
166     with one of the document requirements described in Subsection 53-3-410(1)(i)(ii).
167          [(25)] (26) "Limited-term identification card" means an identification card issued under
168     this chapter to a person whose card was obtained by providing evidence of lawful presence in
169     the United States with one of the document requirements described in Subsection
170     53-3-804(2)(i)(ii).
171          [(26)] (27) "Limited-term license certificate" means the evidence of the privilege
172     granted and issued under this chapter to drive a motor vehicle to a person whose privilege was
173     obtained providing evidence of lawful presence in the United States with one of the document
174     requirements described in Subsection 53-3-205(8)(a)(ii)(B).
175          [(27)] (28) "Motorboat" means the same as that term is defined in Section 73-18-2.
176          [(28)] (29) "Motorcycle" means every motor vehicle, other than a tractor, having a seat
177     or saddle for the use of the rider and designed to travel with not more than three wheels in
178     contact with the ground.
179          [(29)] (30) "Motor vehicle" means the same as that term is defined in Section
180     41-1a-102.
181          [(30)] (31) "Motor vehicle record" or "MVR" means a driving record under Subsection
182     53-3-109(6)(a).
183          [(31)] (32) "Office of Recovery Services" means the Office of Recovery Services,
184     created in Section 62A-11-102.
185          [(32)] (33) (a) "Owner" means a person other than a lien holder having an interest in
186     the property or title to a vehicle.
187          (b) "Owner" includes a person entitled to the use and possession of a vehicle subject to
188     a security interest in another person but excludes a lessee under a lease not intended as security.
189          [(33)] (34) (a) "Private passenger carrier" means any motor vehicle for hire that is:
190          (i) designed to transport 15 or fewer passengers, including the driver; and
191          (ii) operated to transport an employee of the person that hires the motor vehicle.
192          (b) "Private passenger carrier" does not include:
193          (i) a taxicab;
194          (ii) a motor vehicle driven by a transportation network driver as defined in Section
195     13-51-102;
196          (iii) a motor vehicle driven for transportation network services as defined in Section
197     13-51-102; and
198          (iv) a motor vehicle driven for a transportation network company as defined in Section
199     13-51-102 and registered with the Division of Consumer Protection as described in Section
200     13-51-104.
201          [(34)] (35) "Regular identification card" means an identification card issued under this
202     chapter to a person whose card was obtained by providing evidence of lawful presence in the
203     United States with one of the document requirements described in Subsection 53-3-804(2)(i)(i).
204          [(35)] (36) "Regular license certificate" means the evidence of the privilege issued
205     under this chapter to drive a motor vehicle whose privilege was obtained by providing evidence
206     of lawful presence in the United States with one of the document requirements described in
207     Subsection 53-3-205(8)(a)(ii)(A).
208          [(36)] (37) "Renewal" means to validate a license certificate so that it expires at a later
209     date.
210          [(37)] (38) "Reportable violation" means an offense required to be reported to the
211     division as determined by the division and includes those offenses against which points are
212     assessed under Section 53-3-221.
213          [(38)] (39) (a) "Resident" means an individual who:
214          (i) has established a domicile in this state, as defined in Section 41-1a-202, or
215     regardless of domicile, remains in this state for an aggregate period of six months or more
216     during any calendar year;
217          (ii) engages in a trade, profession, or occupation in this state, or who accepts
218     employment in other than seasonal work in this state, and who does not commute into the state;
219          (iii) declares himself to be a resident of this state by obtaining a valid Utah driver
220     license certificate or motor vehicle registration; or
221          (iv) declares himself a resident of this state to obtain privileges not ordinarily extended
222     to nonresidents, including going to school, or placing children in school without paying
223     nonresident tuition or fees.
224          (b) "Resident" does not include any of the following:
225          (i) a member of the military, temporarily stationed in this state;
226          (ii) an out-of-state student, as classified by an institution of higher education,
227     regardless of whether the student engages in any type of employment in this state;
228          (iii) a person domiciled in another state or country, who is temporarily assigned in this
229     state, assigned by or representing an employer, religious or private organization, or a
230     governmental entity; or
231          (iv) an immediate family member who resides with or a household member of a person
232     listed in Subsections [(38)] (39)(b)(i) through (iii).
233          [(39)] (40) "Revocation" means the termination by action of the division of a licensee's
234     privilege to drive a motor vehicle.
235          [(40)] (41) (a) "School bus" means a commercial motor vehicle used to transport
236     pre-primary, primary, or secondary school students to and from home and school, or to and
237     from school sponsored events.
238          (b) "School bus" does not include a bus used as a common carrier as defined in Section
239     59-12-102.
240          [(41)] (42) "Suspension" means the temporary withdrawal by action of the division of a
241     licensee's privilege to drive a motor vehicle.
242          [(42)] (43) "Taxicab" means any class D motor vehicle transporting any number of
243     passengers for hire and that is subject to state or federal regulation as a taxi.
244          Section 2. Section 53-3-235 is enacted to read:
245          53-3-235. Electronic license certificate.
246          (1) On or before January 1, 2021, the division shall establish a process and system for
247     an individual to obtain an electronic license certificate.
248          (2) The division shall issue, in accordance with Title 63G, Chapter 6a, Utah
249     Procurement Code, a request for information to gather information from potential vendors to
250     establish a process within the division to provide an electronic license certificate.
251          (3) In order to contract with a vendor to establish a process and system to issue an
252     electronic license certificate, the division shall issue a standard procurement process in
253     accordance with Title 63G, Chapter 6a, Utah Procurement Code.
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.
257          Section 3. Appropriation.
258          The following sums of money are appropriated for the fiscal year beginning July 1,
259     2018, and ending June 30, 2019. These are additions to amounts previously appropriated for
260     fiscal year 2019. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
261     Act, the Legislature appropriates the following sums of money from the funds or accounts
262     indicated for the use and support of the government of the state of Utah.
263     ITEM 1
264          To Department of Public Safety - Driver License
265               From General Fund, One-time
$200,000

266               Schedule of Programs:
267                    Driver License                         $200,000
268          Under Section 63J-1-603 the Legislature intends that appropriations provided under this
269     section not lapse at the close of fiscal year 2019. The use of any nonlapsing funds is limited to
270     establishing a process and system to issue an electronic driver license credential.