1     
DRIVER LICENSE AND LICENSE PLATE AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephanie Pitcher

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions of the Uniform Driver License Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     at an applicant's request and subject to written verification, requires the Driver
13     License Division to include an identifying symbol or sticker on the individual's
14     driver license or identification card to indicate that the individual is an individual
15     with a disability; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          46-1-2, as last amended by Laws of Utah 2019, Chapter 192
24          53-3-207, as last amended by Laws of Utah 2019, Chapter 232
25          53-3-805, as last amended by Laws of Utah 2018, Chapter 39
26     

27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 46-1-2 is amended to read:
29          46-1-2. Definitions.
30          As used in this chapter:
31          (1) "Acknowledgment" means a notarial act in which a notary certifies that a signer,
32     whose identity is personally known to the notary or proven on the basis of satisfactory
33     evidence, has admitted, in the presence of the notary, to voluntarily signing a document for the
34     document's stated purpose.
35          (2) "Before me" means that an individual appears in the presence of the notary.
36          (3) "Commission" means:
37          (a) to empower to perform notarial acts; or
38          (b) the written document that gives authority to perform notarial acts, including the
39     Certificate of Authority of Notary Public that the lieutenant governor issues to a notary.
40          (4) "Copy certification" means a notarial act in which a notary certifies that a
41     photocopy is an accurate copy of a document that is neither a public record nor publicly
42     recorded.
43          (5) "Electronic recording" means the audio and video recording, described in
44     Subsection 46-1-3.6(3), of a remote notarization.
45          (6) "Electronic seal" means an electronic version of the seal described in Section
46     46-1-16, that conforms with rules made under Subsection 46-1-3.7(1)(d), that a remote notary
47     may attach to a notarial certificate to complete a remote notarization.
48          (7) "Electronic signature" means the same as that term is defined in Section 46-4-102.
49          (8) "In the presence of the notary" means that an individual:
50          (a) is physically present with the notary in close enough proximity to see and hear the
51     notary; or
52          (b) communicates with a remote notary by means of an electronic device or process
53     that:
54          (i) allows the individual and remote notary to communicate with one another
55     simultaneously by sight and sound; and
56          (ii) complies with rules made under Section 46-1-3.7.
57          (9) "Jurat" means a notarial act in which a notary certifies:
58          (a) the identity of a signer who:
59          (i) is personally known to the notary; or
60          (ii) provides the notary satisfactory evidence of the signer's identity;
61          (b) that the signer affirms or swears an oath attesting to the truthfulness of a document;
62     and
63          (c) that the signer voluntarily signs the document in the presence of the notary.
64          (10) "Notarial act" or "notarization" means an act that a notary is authorized to perform
65     under Section 46-1-6.
66          (11) "Notarial certificate" means the affidavit described in Section 46-1-6.5 that is:
67          (a) a part of or attached to a notarized document; and
68          (b) completed by the notary and bears the notary's signature and official seal.
69          (12) (a) "Notary" means an individual commissioned to perform notarial acts under this
70     chapter.
71          (b) "Notary" includes a remote notary.
72          (13) "Oath" or "affirmation" means a notarial act in which a notary certifies that a
73     person made a vow or affirmation in the presence of the notary on penalty of perjury.
74          (14) "Official misconduct" means a notary's performance of any act prohibited or
75     failure to perform any act mandated by this chapter or by any other law in connection with a
76     notarial act.
77          (15) (a) "Official seal" means the seal described in Section 46-1-16 that a notary may
78     attach to a notarial certificate to complete a notarization.
79          (b) "Official seal" includes an electronic seal.
80          (16) "Personally known" means familiarity with an individual resulting from
81     interactions with that individual over a period of time sufficient to eliminate every reasonable
82     doubt that the individual has the identity claimed.
83          (17) "Remote notarization" means a notarial act performed by a remote notary in
84     accordance with this chapter for an individual who is not in the physical presence of the remote
85     notary at the time the remote notary performs the notarial act.
86          (18) "Remote notary" means a notary that holds an active remote notary certification
87     under Section 46-1-3.5.
88          (19) (a) "Satisfactory evidence of identity" means:
89          (i) for both an in-person and remote notarization, identification of an individual based
90     on:
91          (A) subject to Subsection (19)(b), valid personal identification with the individual's
92     photograph, signature, and physical description that the United States government, any state
93     within the United States, or a foreign government issues;
94          (B) subject to Subsection (19)(b), a valid passport that any nation issues; or
95          (C) the oath or affirmation of a credible person who is personally known to the notary
96     and who personally knows the individual; and
97          (ii) for a remote notarization only, a third party's affirmation of an individual's identity
98     in accordance with rules made under Section 46-1-3.7 by means of:
99          (A) dynamic knowledge-based authentication, which may include requiring the
100     individual to answer questions about the individual's personal information obtained from
101     public or proprietary data sources; or
102          (B) analysis of the individual's biometric data, which may include facial recognition,
103     voiceprint analysis, or fingerprint analysis.
104          (b) "Satisfactory evidence of identity," for a remote notarization, requires the
105     identification described in Subsection (19)(a)(i)(A) or passport described in Subsection
106     (19)(a)(i)(B) to be verified through public or proprietary data sources in accordance with rules
107     made under Section 46-1-3.7.
108          (c) "Satisfactory evidence of identity" does not include:
109          (i) a driving privilege card under Subsection 53-3-207[(10)](11); or
110          (ii) another document that is not considered valid for identification.
111          (20) "Signature witnessing" means a notarial act in which an individual:
112          (a) appears in the presence of the notary and presents a document;
113          (b) provides the notary satisfactory evidence of the individual's identity, or is
114     personally known to the notary; and
115          (c) signs the document in the presence of the notary.
116          Section 2. Section 53-3-207 is amended to read:
117          53-3-207. License certificates or driving privilege cards issued to drivers by class
118     of motor vehicle -- Contents -- Release of anatomical gift information -- Temporary
119     licenses or driving privilege cards -- Minors' licenses, cards, and permits -- Violation.
120          (1) As used in this section:
121          (a) "Disability" means a physical or mental disability, as defined and covered by the
122     Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102.
123          (b) "Disability identification symbol" means a symbol or sticker that indicates that the
124     individual is an individual with a disability.
125          [(a)] (c) "Driving privilege" means the privilege granted under this chapter to drive a
126     motor vehicle.
127          [(b)] (d) "Governmental entity" means the state or a political subdivision of the state.
128          (e) "Health care professional" means:
129          (i) a licensed physician, physician assistant, nurse practitioner, or mental health
130     therapist; or
131          (ii) any other licensed health care professional the division designates by rule made in
132     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
133          [(c)] (f) "Political subdivision" means any county, city, town, school district, public
134     transit district, community reinvestment agency, special improvement or taxing district, local
135     district, special service district, an entity created by an interlocal agreement adopted under Title
136     11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public
137     corporation.
138          [(d)] (g) "State" means this state, and includes any office, department, agency,
139     authority, commission, board, institution, hospital, college, university, children's justice center,
140     or other instrumentality of the state.
141          (2) (a) The division shall issue to every individual privileged to drive a motor vehicle, a
142     regular license certificate, a limited-term license certificate, or a driving privilege card
143     indicating the type or class of motor vehicle the individual may drive.
144          (b) An individual may not drive a class of motor vehicle unless granted the privilege in
145     that class.
146          (3) (a) Every regular license certificate, limited-term license certificate, or driving
147     privilege card shall bear:
148          (i) the distinguishing number assigned to the individual by the division;
149          (ii) the name, birth date, and Utah residence address of the individual;
150          (iii) a brief description of the individual for the purpose of identification;
151          (iv) any restrictions imposed on the license under Section 53-3-208;
152          (v) a photograph of the individual;
153          (vi) a photograph or other facsimile of the [person's] individual's signature;
154          (vii) an indication whether the individual intends to make an anatomical gift under
155     Title 26, Chapter 28, Revised Uniform Anatomical Gift Act, unless the driving privilege is
156     extended under Subsection 53-3-214(3); and
157          (viii) except as provided in Subsection (3)(b), if the individual states that the individual
158     is a veteran of the United States military on the application for a driver license in accordance
159     with Section 53-3-205 and provides verification that the individual was granted an honorable
160     or general discharge from the United States Armed Forces, an indication that the individual is a
161     United States military veteran for a regular license certificate or limited-term license certificate
162     issued on or after July 1, 2011.
163          (b) A regular license certificate or limited-term license certificate issued to an
164     individual younger than 21 years old on a portrait-style format as required in Subsection [(5)]
165     (6)(b) is not required to include an indication that the individual is a United States military
166     veteran under Subsection (3)(a)(viii).
167          (c) A new license certificate issued by the division may not bear the individual's social
168     security number.
169          (d) (i) The regular license certificate, limited-term license certificate, or driving
170     privilege card shall be of an impervious material, resistant to wear, damage, and alteration.
171          (ii) [Except as provided under Subsection (4)(b), the] The size, form, and color of the
172     regular license certificate, limited-term license certificate, or driving privilege card shall be as
173     prescribed by the commissioner.
174          (iii) The commissioner may also prescribe the issuance of a special type of limited
175     regular license certificate, limited-term license certificate, or driving privilege card under
176     Subsection 53-3-220(4).
177          (4) (a) The division shall include a disability identification symbol on an applicant's
178     regular license certificate, limited-term license certificate, or driving privilege card if the
179     applicant:
180          (i) requests the division to include the disability identification symbol; and
181          (ii) provides written verification from a health care professional that the applicant is an
182     individual with a disability.
183          (b) The written verification described in Subsection (4)(a)(ii) shall be made on a form
184     provided by the division.
185          (c) The division may not:
186          (i) charge a fee to include the disability identification symbol on the applicant's regular
187     license certificate, limited-term license certificate, or driving privilege card; or
188          (ii) after including the disability identification symbol on the applicant's previously
189     issued regular license certificate, limited-term license certificate, or driving privilege card,
190     require the applicant to provide subsequent written verification described in Subsection
191     (4)(a)(ii) to include the disability identification symbol on the applicant's renewed or extended
192     regular license certificate, limited-term license certificate, or driving privilege card.
193          (d) The inclusion of a disability identification symbol on an individual's license
194     certificate, limited-term license certificate, or driving privilege card in accordance with
195     Subsection (4)(a) does not confer any legal rights or privileges on the individual, including
196     parking privileges for individuals with disabilities under Section 41-1a-414.
197          [(4)] (5) (a) (i) The division, upon determining after an examination that an applicant is
198     mentally and physically qualified to be granted a driving privilege, may issue to an applicant a
199     receipt for the fee if the applicant is eligible for a regular license certificate or limited-term
200     license certificate.
201          (ii) (A) The division shall issue a temporary regular license certificate or temporary
202     limited-term license certificate allowing the individual to drive a motor vehicle while the
203     division is completing [its] the division's investigation to determine whether the individual is
204     entitled to be granted a driving privilege.
205          (B) A temporary regular license certificate or a temporary limited-term license
206     certificate issued under this Subsection [(4)] (5) shall be recognized and have the same rights
207     and privileges as a regular license certificate or a limited-term license certificate.
208          (b) The temporary regular license certificate or temporary limited-term license
209     certificate shall be in the individual's immediate possession while driving a motor vehicle, and
210     [it] the temporary regular license certificate or temporary limited-term license certificate is
211     invalid when the individual's regular license certificate or limited-term license certificate has
212     been issued or when, for good cause, the privilege has been refused.
213          (c) The division shall indicate on the temporary regular license certificate or temporary
214     limited-term license certificate a date after which [it] the temporary regular license certificate
215     or temporary limited-term license certificate is not valid as a temporary license.
216          (d) (i) Except as provided in Subsection [(4)] (5)(d)(ii), the division may not issue a
217     temporary driving privilege card or other temporary permit to an applicant for a driving
218     privilege card.
219          (ii) The division may issue a learner permit issued in accordance with Section
220     53-3-210.5 to an applicant for a driving privilege card.
221          [(5)] (6) (a) The division shall distinguish learner permits, temporary permits, regular
222     license certificates, limited-term license certificates, and driving privilege cards issued to any
223     individual younger than 21 years [of age] old by use of plainly printed information or the use of
224     a color or other means not used for other regular license certificates, limited-term license
225     certificates, or driving privilege cards.
226          (b) The division shall distinguish a regular license certificate, limited-term license
227     certificate, or driving privilege card issued to an individual younger than 21 years [of age] old
228     by use of a portrait-style format not used for other regular license certificates, limited-term
229     license certificates, or driving privilege cards and by plainly printing the date the regular
230     license certificate, limited-term license certificate, or driving privilege card holder is 21 years
231     [of age] old.
232          [(6)] (7) The division shall distinguish a limited-term license certificate by clearly
233     indicating on the document:
234          (a) that [it] the limited-term license certificate is temporary; and
235          (b) [its] the limited-term license certificate's expiration date.
236          [(7)] (8) (a) The division shall only issue a driving privilege card to an individual
237     whose privilege was obtained without providing evidence of lawful presence in the United
238     States as required under Subsection 53-3-205(8).
239          (b) The division shall distinguish a driving privilege card from a license certificate by:
240          (i) use of a format, color, font, or other means; and
241          (ii) clearly displaying on the front of the driving privilege card a phrase substantially
242     similar to "FOR DRIVING PRIVILEGES ONLY -- NOT VALID FOR IDENTIFICATION".
243          [(8)] (9) The provisions of Subsection [(5)] (6)(b) do not apply to a learner permit,
244     temporary permit, temporary regular license certificate, temporary limited-term license
245     certificate, or any other temporary permit.
246          [(9)] (10) The division shall issue temporary license certificates of the same nature,
247     except as to duration, as the license certificates that they temporarily replace, as are necessary
248     to implement applicable provisions of this section and Section 53-3-223.
249          [(10)] (11) (a) A governmental entity may not accept a driving privilege card as proof
250     of personal identification.
251          (b) A driving privilege card may not be used as a document providing proof of an
252     individual's age for any government required purpose.
253          [(11) A person] (12) An individual who violates Subsection (2)(b) is guilty of an
254     infraction.
255          [(12)] (13) Unless otherwise provided, the provisions, requirements, classes,
256     endorsements, fees, restrictions, and sanctions under this code apply to a:
257          (a) driving privilege in the same way as a license or limited-term license issued under
258     this chapter; and
259          (b) limited-term license certificate or driving privilege card in the same way as a
260     regular license certificate issued under this chapter.
261          Section 3. Section 53-3-805 is amended to read:
262          53-3-805. Identification card -- Contents -- Specifications.
263          (1) As used in this section:
264          (a) "Disability" means the same as that term is defined in Subsection 53-3-207(1).
265          (b) "Disability identification symbol" means the same as that term is defined in
266     Subsection 53-3-207(1).
267          (c) "Health care professional" means the same as that term is defined in Subsection
268     53-3-207(1).
269          [(1)] (2) (a) The division shall issue an identification card that bears:
270          (i) the distinguishing number assigned to the [person] individual by the division;
271          (ii) the name, birth date, and Utah residence address of the [person] individual;
272          (iii) a brief description of the [person] individual for the purpose of identification;
273          (iv) a photograph of the [person] individual;
274          (v) a photograph or other facsimile of the [person's] individual's signature;
275          (vi) an indication whether the [person] individual intends to make an anatomical gift
276     under Title 26, Chapter 28, Revised Uniform Anatomical Gift Act; and
277          (vii) if the [person] individual states that the [person] individual is a veteran of the
278     United States military on the application for an identification card in accordance with Section
279     53-3-804 and provides verification that the [person] individual received an honorable or
280     general discharge from the United States Armed Forces, an indication that the [person]
281     individual is a United States military veteran for a regular identification card or a limited-term
282     identification card issued on or after July 1, 2011.
283          (b) An identification card issued by the division may not bear the [person's]
284     individual's Social Security number or place of birth.
285          [(2)] (3) (a) The card shall be of an impervious material, resistant to wear, damage, and
286     alteration.
287          (b) Except as provided under Section 53-3-806, the size, form, and color of the card is
288     prescribed by the commissioner.
289          [(3)] (4) At the applicant's request, the card may include a statement that the applicant
290     has a special medical problem or allergies to certain drugs, for the purpose of medical
291     treatment.
292          (5) (a) The division shall include a disability identification symbol on an applicant's
293     identification card if the applicant:
294          (i) requests the division to include the disability identification symbol; and
295          (ii) provides written verification from a health care professional that the applicant is an
296     individual with a disability.
297          (b) The written verification described in Subsection (5)(a)(ii) shall be made on a form
298     provided by the division.
299          (c) The division may not:
300          (i) charge a fee to include the disability identification symbol on the applicant's
301     identification card; or
302          (ii) after including the disability identification symbol on the applicant's previously
303     issued identification card, require the applicant to provide subsequent written verification
304     described in Subsection (5)(a)(ii) to include the disability identification symbol on the
305     applicant's extended identification card.
306          (d) The inclusion of a disability identification symbol on an individual's identification
307     card in accordance with Subsection (5)(a) does not confer any legal rights or privileges on the
308     individual, including parking privileges for individuals with disabilities under Section
309     41-1a-414.
310          [(4)] (6) (a) The indication of intent under Subsection 53-3-804(2)(j) shall be
311     authenticated by the applicant in accordance with division rule.
312          (b) (i) Notwithstanding Title 63G, Chapter 2, Government Records Access and
313     Management Act, the division may, upon request, release to an organ procurement
314     organization, as defined in Section 26-28-102, the names and addresses of all [persons]
315     individuals who under Subsection 53-3-804(2)(j) indicate that they intend to make an
316     anatomical gift.
317          (ii) An organ procurement organization may use released information only to:
318          (A) obtain additional information for an anatomical gift registry; and
319          (B) inform applicants of anatomical gift options, procedures, and benefits.
320          [(5)] (7) Notwithstanding Title 63G, Chapter 2, Government Records Access and
321     Management Act, the division may release to the Department of Veterans and Military Affairs
322     the names and addresses of all [persons] individuals who indicate their status as a veteran
323     under Subsection 53-3-804(2)(l).
324          [(6)] (8) The division and [its] the division's employees are not liable, as a result of
325     false or inaccurate information provided under Subsection 53-3-804(2)(j) or (l), for direct or
326     indirect:
327          (a) loss;
328          (b) detriment; or
329          (c) injury.
330          [(7)] (9) (a) The division may issue a temporary regular identification card to [a
331     person] an individual while the [person] individual obtains the required documentation to
332     establish verification of the information described in Subsections 53-3-804(2)(a), (b), (c), (d),
333     and (i)(i).
334          (b) A temporary regular identification card issued under this Subsection [(7)] (9) shall
335     be recognized and grant the [person] individual the same privileges as a regular identification
336     card.
337          (c) A temporary regular identification card issued under this Subsection [(7)] (9) is
338     invalid:
339          (i) when the [person's] individual's regular identification card has been issued;
340          (ii) when, for good cause, an applicant's application for a regular identification card has
341     been refused; or
342          (iii) upon expiration of the temporary regular identification card.