Representative Stephanie Pitcher proposes the following substitute bill:


1     
DRIVER LICENSE AND LICENSE PLATE AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephanie Pitcher

5     
Senate Sponsor: Todd D. Weiler

6     Cosponsor:
Norman K. Thurston

7     

8     LONG TITLE
9     General Description:
10          This bill modifies provisions of the Uniform Driver License Act and the Motor Vehicle
11     Act.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     at a vehicle owner's request and subject to written verification, requires the Motor
16     Vehicle Division to include an invisible condition identification symbol in the
17     vehicle owner's vehicle registration database record that indicates that an individual
18     who is a regular driver or passenger of the vehicle is an individual with an invisible
19     condition;
20          ▸     allows a vehicle owner to request that the Motor Vehicle Division remove an
21     invisible condition identification symbol from the vehicle owner's vehicle
22     registration database record;
23          ▸     at an individual's request and subject to written verification, requires the Driver
24     License Division to include an invisible condition identification symbol on the
25     individual's driver license or identification card to indicate that the individual is an individual
26     with an invisible condition;
27          ▸     allows an individual to request that the Driver License Division remove an invisible
28     condition identification symbol from the individual's driver license or identification
29     card;
30          ▸     allows a law enforcement officer to obtain certain information about an individual's
31     invisible condition; and
32          ▸     makes technical changes.
33     Money Appropriated in this Bill:
34          None
35     Other Special Clauses:
36          This bill provides a special effective date.
37     Utah Code Sections Affected:
38     AMENDS:
39          41-1a-213, as last amended by Laws of Utah 2017, Chapter 119
40          46-1-2, as last amended by Laws of Utah 2019, Chapter 192
41          53-3-207, as last amended by Laws of Utah 2019, Chapter 232
42          53-3-805, as last amended by Laws of Utah 2018, Chapter 39
43     

44     Be it enacted by the Legislature of the state of Utah:
45          Section 1. Section 41-1a-213 is amended to read:
46          41-1a-213. Contents of registration cards.
47          (1) As used in this section:
48          (a) "Health care professional" means the same as that term is defined in Section
49     53-3-207.
50          (b) "Invisible condition" means the same as that term is defined in Section 53-3-207.
51          (c) "Invisible condition identification symbol" means the same as that term is defined
52     in Section 53-3-207.
53          [(1)] (2) The registration card shall be delivered to the owner and shall contain:
54          (a) the date issued;
55          (b) the name of the owner;
56          (c) a description of the vehicle registered including the year, the make, the
57     identification number, and the license plate assigned to the vehicle;
58          (d) the expiration date; and
59          (e) other information as determined by the commission.
60          [(2)] (3) If a vehicle is leased for a period in excess of 45 days, the registration shall
61     contain:
62          (a) the owner's name; and
63          (b) the name of the lessee.
64          [(3)] (4) On all vehicles registered under Subsections 41-1a-1206(1)(d) and (1)(e), the
65     registration card shall also contain the gross laden weight as given in the application for
66     registration.
67          [(4)] (5) (a) Except as provided in Subsection [(4)] (5)(b), a new registration card
68     issued by the commission on or after November 1, 2013, may not display the address of the
69     owner or the lessee on the registration card.
70          (b) A new registration card issued by the commission under one of the following
71     provisions shall display the address of the owner or the lessee on the registration card:
72          (i) Section 41-1a-301 for a vehicle; or
73          (ii) Section 73-18-7 for a vessel.
74          (6) (a) The division shall include on a vehicle owner's vehicle registration database
75     record in the division's vehicle registration database an invisible condition identification
76     symbol if:
77          (i) the vehicle owner or an individual who is a regular driver of or passenger in the
78     vehicle owner's vehicle has an invisible condition; and
79          (ii) the vehicle owner submits to the commission a request on a form prescribed by the
80     commission.
81          (b) A vehicle owner shall include in a request described in Subsection (6)(a):
82          (i) if the request is for an individual other than the vehicle owner, a declaration that the
83     individual is a regular driver of or passenger in the vehicle;
84          (ii) written verification from a health care professional that the vehicle owner or other
85     individual described in Subsection (6)(a)(i) has an invisible condition; and
86          (iii) a waiver of liability signed by the individual with the invisible condition or the
87     individual's legal representative for the release of any medical information to:
88          (A) the commission;
89          (B) any person who has access to the individual's medical information as recorded on
90     the vehicle owner's vehicle registration database record or the Utah Criminal Justice
91     Information System; and
92          (C) any other person who may view or receive notice of the individual's medical
93     information by seeing the vehicle owner's vehicle registration database record or the
94     individual's information in the Utah Criminal Justice Information System.
95          (c) As part of the form described in Subsection (6)(b), the commission shall advise the
96     individual signing the waiver of liability that by submitting the signed waiver, the individual
97     consents to the release of the individual's medical information to any person described in
98     Subsections (6)(b)(iii)(A) through (C), even if the person is otherwise ineligible to access the
99     individual's medical information under state or federal law.
100          (d) The division may not charge a fee to include an invisible condition identification
101     symbol on a vehicle owner's vehicle registration database record.
102          (e) The inclusion of an invisible condition identification symbol on a vehicle owner's
103     vehicle registration database record in accordance with this section does not confer any legal
104     rights or privileges on the individual, including parking privileges for individuals with
105     disabilities under Section 41-1a-414.
106          (7) (a) For each individual who qualifies under this section to include an invisible
107     condition identification symbol in a vehicle owner's vehicle registration database record, the
108     division shall include in the division's vehicle registration database a brief description of the
109     nature of the individual's invisible condition linked to the vehicle owner's vehicle registration
110     database record.
111          (b) The division shall provide the brief description described in Subsection (7)(a) to the
112     Utah Criminal Justice Information System.
113          (c) Except as provided in Subsection (7)(b), the division may not release the
114     information described in Subsection (7)(a).
115          (8) Within 30 days after the day on which the division receives an individual's written
116     request, the division shall:
117          (a) remove the invisible condition identification symbol and brief description described
118     in Subsection (7) from a vehicle owner's vehicle registration database record in the division's
119     vehicle registration database; and
120          (b) provide the updated vehicle registration database record to the Utah Criminal
121     Justice Information System.
122          (9) As provided in Section 63G-2-302, the information described in Subsection (6)(a)
123     is a private record for purposes of Title 63G, Chapter 2, Government Records Access and
124     Management Act.
125          Section 2. Section 46-1-2 is amended to read:
126          46-1-2. Definitions.
127          As used in this chapter:
128          (1) "Acknowledgment" means a notarial act in which a notary certifies that a signer,
129     whose identity is personally known to the notary or proven on the basis of satisfactory
130     evidence, has admitted, in the presence of the notary, to voluntarily signing a document for the
131     document's stated purpose.
132          (2) "Before me" means that an individual appears in the presence of the notary.
133          (3) "Commission" means:
134          (a) to empower to perform notarial acts; or
135          (b) the written document that gives authority to perform notarial acts, including the
136     Certificate of Authority of Notary Public that the lieutenant governor issues to a notary.
137          (4) "Copy certification" means a notarial act in which a notary certifies that a
138     photocopy is an accurate copy of a document that is neither a public record nor publicly
139     recorded.
140          (5) "Electronic recording" means the audio and video recording, described in
141     Subsection 46-1-3.6(3), of a remote notarization.
142          (6) "Electronic seal" means an electronic version of the seal described in Section
143     46-1-16, that conforms with rules made under Subsection 46-1-3.7(1)(d), that a remote notary
144     may attach to a notarial certificate to complete a remote notarization.
145          (7) "Electronic signature" means the same as that term is defined in Section 46-4-102.
146          (8) "In the presence of the notary" means that an individual:
147          (a) is physically present with the notary in close enough proximity to see and hear the
148     notary; or
149          (b) communicates with a remote notary by means of an electronic device or process
150     that:
151          (i) allows the individual and remote notary to communicate with one another
152     simultaneously by sight and sound; and
153          (ii) complies with rules made under Section 46-1-3.7.
154          (9) "Jurat" means a notarial act in which a notary certifies:
155          (a) the identity of a signer who:
156          (i) is personally known to the notary; or
157          (ii) provides the notary satisfactory evidence of the signer's identity;
158          (b) that the signer affirms or swears an oath attesting to the truthfulness of a document;
159     and
160          (c) that the signer voluntarily signs the document in the presence of the notary.
161          (10) "Notarial act" or "notarization" means an act that a notary is authorized to perform
162     under Section 46-1-6.
163          (11) "Notarial certificate" means the affidavit described in Section 46-1-6.5 that is:
164          (a) a part of or attached to a notarized document; and
165          (b) completed by the notary and bears the notary's signature and official seal.
166          (12) (a) "Notary" means an individual commissioned to perform notarial acts under this
167     chapter.
168          (b) "Notary" includes a remote notary.
169          (13) "Oath" or "affirmation" means a notarial act in which a notary certifies that a
170     person made a vow or affirmation in the presence of the notary on penalty of perjury.
171          (14) "Official misconduct" means a notary's performance of any act prohibited or
172     failure to perform any act mandated by this chapter or by any other law in connection with a
173     notarial act.
174          (15) (a) "Official seal" means the seal described in Section 46-1-16 that a notary may
175     attach to a notarial certificate to complete a notarization.
176          (b) "Official seal" includes an electronic seal.
177          (16) "Personally known" means familiarity with an individual resulting from
178     interactions with that individual over a period of time sufficient to eliminate every reasonable
179     doubt that the individual has the identity claimed.
180          (17) "Remote notarization" means a notarial act performed by a remote notary in
181     accordance with this chapter for an individual who is not in the physical presence of the remote
182     notary at the time the remote notary performs the notarial act.
183          (18) "Remote notary" means a notary that holds an active remote notary certification
184     under Section 46-1-3.5.
185          (19) (a) "Satisfactory evidence of identity" means:
186          (i) for both an in-person and remote notarization, identification of an individual based
187     on:
188          (A) subject to Subsection (19)(b), valid personal identification with the individual's
189     photograph, signature, and physical description that the United States government, any state
190     within the United States, or a foreign government issues;
191          (B) subject to Subsection (19)(b), a valid passport that any nation issues; or
192          (C) the oath or affirmation of a credible person who is personally known to the notary
193     and who personally knows the individual; and
194          (ii) for a remote notarization only, a third party's affirmation of an individual's identity
195     in accordance with rules made under Section 46-1-3.7 by means of:
196          (A) dynamic knowledge-based authentication, which may include requiring the
197     individual to answer questions about the individual's personal information obtained from
198     public or proprietary data sources; or
199          (B) analysis of the individual's biometric data, which may include facial recognition,
200     voiceprint analysis, or fingerprint analysis.
201          (b) "Satisfactory evidence of identity," for a remote notarization, requires the
202     identification described in Subsection (19)(a)(i)(A) or passport described in Subsection
203     (19)(a)(i)(B) to be verified through public or proprietary data sources in accordance with rules
204     made under Section 46-1-3.7.
205          (c) "Satisfactory evidence of identity" does not include:
206          (i) a driving privilege card under Subsection 53-3-207[(10)](12); or
207          (ii) another document that is not considered valid for identification.
208          (20) "Signature witnessing" means a notarial act in which an individual:
209          (a) appears in the presence of the notary and presents a document;
210          (b) provides the notary satisfactory evidence of the individual's identity, or is
211     personally known to the notary; and
212          (c) signs the document in the presence of the notary.
213          Section 3. Section 53-3-207 is amended to read:
214          53-3-207. License certificates or driving privilege cards issued to drivers by class
215     of motor vehicle -- Contents -- Release of anatomical gift information -- Temporary
216     licenses or driving privilege cards -- Minors' licenses, cards, and permits -- Violation.
217          (1) As used in this section:
218          (a) "Driving privilege" means the privilege granted under this chapter to drive a motor
219     vehicle.
220          (b) "Governmental entity" means the state or a political subdivision of the state.
221          (c) "Health care professional" means:
222          (i) a licensed physician, physician assistant, nurse practitioner, or mental health
223     therapist; or
224          (ii) any other licensed health care professional the division designates by rule made in
225     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
226          [(c)] (d) "Political subdivision" means any county, city, town, school district, public
227     transit district, community reinvestment agency, special improvement or taxing district, local
228     district, special service district, an entity created by an interlocal agreement adopted under Title
229     11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public
230     corporation.
231          (e) "Invisible condition" means a physical or mental condition that may interfere with
232     an individual's ability to communicate with a law enforcement officer, including:
233          (i) a communication impediment;
234          (ii) hearing loss;
235          (iii) blindness or a visual impairment;
236          (iv) autism spectrum disorder;
237          (v) a drug allergy;
238          (vi) Alzheimer's disease or dementia;
239          (vii) post-traumatic stress disorder;
240          (viii) traumatic brain injury;
241          (ix) schizophrenia;
242          (x) epilepsy;
243          (xi) a developmental disability;
244          (xii) Down syndrome;
245          (xiii) diabetes;
246          (xiv) a heart condition; or
247          (xv) any other condition approved by the department.
248          (f) "Invisible condition identification symbol" means a symbol or alphanumeric code
249     that indicates that an individual is an individual with an invisible condition.
250          [(d)] (g) "State" means this state, and includes any office, department, agency,
251     authority, commission, board, institution, hospital, college, university, children's justice center,
252     or other instrumentality of the state.
253          (2) (a) The division shall issue to every individual privileged to drive a motor vehicle, a
254     regular license certificate, a limited-term license certificate, or a driving privilege card
255     indicating the type or class of motor vehicle the individual may drive.
256          (b) An individual may not drive a class of motor vehicle unless granted the privilege in
257     that class.
258          (3) (a) Every regular license certificate, limited-term license certificate, or driving
259     privilege card shall bear:
260          (i) the distinguishing number assigned to the individual by the division;
261          (ii) the name, birth date, and Utah residence address of the individual;
262          (iii) a brief description of the individual for the purpose of identification;
263          (iv) any restrictions imposed on the license under Section 53-3-208;
264          (v) a photograph of the individual;
265          (vi) a photograph or other facsimile of the [person's] individual's signature;
266          (vii) an indication whether the individual intends to make an anatomical gift under
267     Title 26, Chapter 28, Revised Uniform Anatomical Gift Act, unless the driving privilege is
268     extended under Subsection 53-3-214(3); and
269          (viii) except as provided in Subsection (3)(b), if the individual states that the individual
270     is a veteran of the United States military on the application for a driver license in accordance
271     with Section 53-3-205 and provides verification that the individual was granted an honorable
272     or general discharge from the United States Armed Forces, an indication that the individual is a
273     United States military veteran for a regular license certificate or limited-term license certificate
274     issued on or after July 1, 2011.
275          (b) A regular license certificate or limited-term license certificate issued to an
276     individual younger than 21 years old on a portrait-style format as required in Subsection [(5)]
277     (7)(b) is not required to include an indication that the individual is a United States military
278     veteran under Subsection (3)(a)(viii).
279          (c) A new license certificate issued by the division may not bear the individual's social
280     security number.
281          (d) (i) The regular license certificate, limited-term license certificate, or driving
282     privilege card shall be of an impervious material, resistant to wear, damage, and alteration.
283          (ii) [Except as provided under Subsection (4)(b), the] The size, form, and color of the
284     regular license certificate, limited-term license certificate, or driving privilege card shall be as
285     prescribed by the commissioner.
286          (iii) The commissioner may also prescribe the issuance of a special type of limited
287     regular license certificate, limited-term license certificate, or driving privilege card under
288     Subsection 53-3-220(4).
289          (4) (a) The division shall include or affix an invisible condition identification symbol
290     on an individual's regular license certificate, limited-term license certificate, or driving
291     privilege card if the individual, on a form prescribed by the department:
292          (i) requests the division to include the invisible condition identification symbol;
293          (ii) provides written verification from a health care professional that the individual is
294     an individual with an invisible condition; and
295          (iii) signs a waiver of liability for the release of any medical information to:
296          (A) the department;
297          (B) any person who has access to the individual's medical information as recorded on
298     the individual's driving record or the Utah Criminal Justice Information System under this
299     chapter; and
300          (C) any other person who may view or receive notice of the individual's medical
301     information by seeing the individual's regular license certificate, limited-term license
302     certificate, or driving privilege card or the individual's information in the Utah Criminal Justice
303     Information System.
304          (b) As part of the form described in Subsection (4)(a), the department shall advise the
305     individual that by submitting the signed waiver, the individual consents to the release of the
306     individual's medical information to any person described in Subsections (4)(a)(iii)(A) through
307     (C), even if the person is otherwise ineligible to access the individual's medical information
308     under state or federal law.
309          (c) The division may not:
310          (i) charge a fee to include the invisible condition identification symbol on the
311     individual's regular license certificate, limited-term license certificate, or driving privilege card;
312     or
313          (ii) after including the invisible condition identification symbol on the individual's
314     previously issued regular license certificate, limited-term license certificate, or driving
315     privilege card, require the individual to provide subsequent written verification described in
316     Subsection (4)(a)(ii) to include the invisible condition identification symbol on the individual's
317     renewed or extended regular license certificate, limited-term license certificate, or driving
318     privilege card.
319          (d) The inclusion of an invisible condition identification symbol on an individual's
320     license certificate, limited-term license certificate, or driving privilege card in accordance with
321     Subsection (4)(a) does not confer any legal rights or privileges on the individual, including
322     parking privileges for individuals with disabilities under Section 41-1a-414.
323          (e) For each individual issued a regular license certificate, limited-term license
324     certificate, or driving privilege card under this section that includes an invisible condition
325     identification symbol, the division shall include in the division's database a brief description of
326     the nature of the individual's invisible condition in the individual's record and provide the brief
327     description to the Utah Criminal Justice Information System.
328          (f) Except as provided in this section, the division may not release the information
329     described in Subsection (4)(e).
330          (g) Within 30 days after the day on which the division receives an individual's written
331     request, the division shall:
332          (i) remove from the individual's record in the division's database the invisible condition
333     identification symbol and the brief description described in Subsection (4)(e); and
334          (ii) provide the individual's updated record to the Utah Criminal Justice Information
335     System.
336          (5) As provided in Section 63G-2-302, the information described in Subsection (4)(a)
337     is a private record for purposes of Title 63G, Chapter 2, Government Records Access and
338     Management Act.
339          [(4)] (6) (a) (i) The division, upon determining after an examination that an applicant is
340     mentally and physically qualified to be granted a driving privilege, may issue to an applicant a
341     receipt for the fee if the applicant is eligible for a regular license certificate or limited-term
342     license certificate.
343          (ii) (A) The division shall issue a temporary regular license certificate or temporary
344     limited-term license certificate allowing the individual to drive a motor vehicle while the
345     division is completing [its] the division's investigation to determine whether the individual is
346     entitled to be granted a driving privilege.
347          (B) A temporary regular license certificate or a temporary limited-term license
348     certificate issued under this Subsection [(4)] (6) shall be recognized and have the same rights
349     and privileges as a regular license certificate or a limited-term license certificate.
350          (b) The temporary regular license certificate or temporary limited-term license
351     certificate shall be in the individual's immediate possession while driving a motor vehicle, and
352     [it] the temporary regular license certificate or temporary limited-term license certificate is
353     invalid when the individual's regular license certificate or limited-term license certificate has
354     been issued or when, for good cause, the privilege has been refused.
355          (c) The division shall indicate on the temporary regular license certificate or temporary
356     limited-term license certificate a date after which [it] the temporary regular license certificate
357     or temporary limited-term license certificate is not valid as a temporary license.
358          (d) (i) Except as provided in Subsection [(4)] (6)(d)(ii), the division may not issue a
359     temporary driving privilege card or other temporary permit to an applicant for a driving
360     privilege card.
361          (ii) The division may issue a learner permit issued in accordance with Section
362     53-3-210.5 to an applicant for a driving privilege card.
363          [(5)] (7) (a) The division shall distinguish learner permits, temporary permits, regular
364     license certificates, limited-term license certificates, and driving privilege cards issued to any
365     individual younger than 21 years [of age] old by use of plainly printed information or the use of
366     a color or other means not used for other regular license certificates, limited-term license
367     certificates, or driving privilege cards.
368          (b) The division shall distinguish a regular license certificate, limited-term license
369     certificate, or driving privilege card issued to an individual younger than 21 years [of age] old
370     by use of a portrait-style format not used for other regular license certificates, limited-term
371     license certificates, or driving privilege cards and by plainly printing the date the regular
372     license certificate, limited-term license certificate, or driving privilege card holder is 21 years
373     [of age] old.
374          [(6)] (8) The division shall distinguish a limited-term license certificate by clearly
375     indicating on the document:
376          (a) that [it] the limited-term license certificate is temporary; and
377          (b) [its] the limited-term license certificate's expiration date.
378          [(7)] (9) (a) The division shall only issue a driving privilege card to an individual
379     whose privilege was obtained without providing evidence of lawful presence in the United
380     States as required under Subsection 53-3-205(8).
381          (b) The division shall distinguish a driving privilege card from a license certificate by:
382          (i) use of a format, color, font, or other means; and
383          (ii) clearly displaying on the front of the driving privilege card a phrase substantially
384     similar to "FOR DRIVING PRIVILEGES ONLY -- NOT VALID FOR IDENTIFICATION".
385          [(8)] (10) The provisions of Subsection [(5)] (7)(b) do not apply to a learner permit,
386     temporary permit, temporary regular license certificate, temporary limited-term license
387     certificate, or any other temporary permit.
388          [(9)] (11) The division shall issue temporary license certificates of the same nature,
389     except as to duration, as the license certificates that they temporarily replace, as are necessary
390     to implement applicable provisions of this section and Section 53-3-223.
391          [(10)] (12) (a) A governmental entity may not accept a driving privilege card as proof
392     of personal identification.
393          (b) A driving privilege card may not be used as a document providing proof of an
394     individual's age for any government required purpose.
395          [(11) A person] (13) An individual who violates Subsection (2)(b) is guilty of an
396     infraction.
397          [(12)] (14) Unless otherwise provided, the provisions, requirements, classes,
398     endorsements, fees, restrictions, and sanctions under this code apply to a:
399          (a) driving privilege in the same way as a license or limited-term license issued under
400     this chapter; and
401          (b) limited-term license certificate or driving privilege card in the same way as a
402     regular license certificate issued under this chapter.
403          Section 4. Section 53-3-805 is amended to read:
404          53-3-805. Identification card -- Contents -- Specifications.
405          (1) As used in this section:
406          (a) "Health care professional" means the same as that term is defined in Section
407     53-3-207.
408          (b) "Invisible condition" means a the same as that term is defined in Section 53-3-207.
409          (c) "Invisible condition identification symbol" means the same as that term is defined
410     in Section 53-3-207.
411          [(1)] (2) (a) The division shall issue an identification card that bears:
412          (i) the distinguishing number assigned to the [person] individual by the division;
413          (ii) the name, birth date, and Utah residence address of the [person] individual;
414          (iii) a brief description of the [person] individual for the purpose of identification;
415          (iv) a photograph of the [person] individual;
416          (v) a photograph or other facsimile of the [person's] individual's signature;
417          (vi) an indication whether the [person] individual intends to make an anatomical gift
418     under Title 26, Chapter 28, Revised Uniform Anatomical Gift Act; and
419          (vii) if the [person] individual states that the [person] individual is a veteran of the
420     United States military on the application for an identification card in accordance with Section
421     53-3-804 and provides verification that the [person] individual received an honorable or
422     general discharge from the United States Armed Forces, an indication that the [person]
423     individual is a United States military veteran for a regular identification card or a limited-term
424     identification card issued on or after July 1, 2011.
425          (b) An identification card issued by the division may not bear the [person's]
426     individual's Social Security number or place of birth.
427          [(2)] (3) (a) The card shall be of an impervious material, resistant to wear, damage, and
428     alteration.
429          (b) Except as provided under Section 53-3-806, the size, form, and color of the card is
430     prescribed by the commissioner.
431          [(3)] (4) At the applicant's request, the card may include a statement that the applicant
432     has a special medical problem or allergies to certain drugs, for the purpose of medical
433     treatment.
434          (5) (a) The division shall include or affix an invisible condition identification symbol
435     on an individual's identification card if the individual, on a form prescribed by the department:
436          (i) requests the division to include the invisible condition identification symbol;
437          (ii) provides written verification from a health care professional that the individual is
438     an individual with an invisible condition; and
439          (iii) submits a signed waiver of liability for the release of any medical information to:
440          (A) the department;
441          (B) any person who has access to the individual's medical information as recorded on
442     the individual's driving record or the Utah Criminal Justice Information System under this
443     chapter; and
444          (C) any other person who may view or receive notice of the individual's medical
445     information by seeing the individual's regular license certificate, limited-term license
446     certificate, or driving privilege card or the individual's information in the Utah Criminal Justice
447     Information System.
448          (b) As part of the form described in Subsection (5)(a), the department shall advise the
449     individual that by submitting the request and signed waiver, the individual consents to the
450     release of the individual's medical information to any person described in Subsections
451     (5)(a)(iii)(A) through (C), even if the person is otherwise ineligible to access the individual's
452     medical information under state or federal law.
453          (c) The division may not:
454          (i) charge a fee to include the invisible condition identification symbol on the
455     individual's identification card; or
456          (ii) after including the invisible condition identification symbol on the individual's
457     previously issued identification card, require the individual to provide subsequent written
458     verification described in Subsection (5)(a)(ii) to include the invisible condition identification
459     symbol on the individual's extended identification card.
460          (d) The inclusion of an invisible condition identification symbol on an individual's
461     identification card in accordance with Subsection (5)(a) does not confer any legal rights or
462     privileges on the individual, including parking privileges for individuals with disabilities under
463     Section 41-1a-414.
464          (e) For each individual issued an identification card under this section that includes an
465     invisible condition identification symbol, the division shall include in the division's database a
466     brief description of the nature of the individual's invisible condition in the individual's record
467     and provide the brief description to the Utah Criminal Justice Information System.
468          (f) Except as provided in this section, the division may not release the information
469     described in Subsection (5)(e).
470          (g) Within 30 days after the day on which the division receives an individual's written
471     request, the division shall:
472          (i) remove from the individual's record in the division's database the invisible condition
473     identification symbol and the brief description described in Subsection (5)(e); and
474          (ii) provide the individual's updated record to the Utah Criminal Justice Information
475     System.
476          (6) As provided in Section 63G-2-302, the information described in Subsection (5)(a)
477     is a private record for purposes of Title 63G, Chapter 2, Government Records Access and
478     Management Act.
479          [(4)] (7) (a) The indication of intent under Subsection 53-3-804(2)(j) shall be
480     authenticated by the applicant in accordance with division rule.
481          (b) (i) Notwithstanding Title 63G, Chapter 2, Government Records Access and
482     Management Act, the division may, upon request, release to an organ procurement
483     organization, as defined in Section 26-28-102, the names and addresses of all [persons]
484     individuals who under Subsection 53-3-804(2)(j) indicate that they intend to make an
485     anatomical gift.
486          (ii) An organ procurement organization may use released information only to:
487          (A) obtain additional information for an anatomical gift registry; and
488          (B) inform applicants of anatomical gift options, procedures, and benefits.
489          [(5)] (8) Notwithstanding Title 63G, Chapter 2, Government Records Access and
490     Management Act, the division may release to the Department of Veterans and Military Affairs
491     the names and addresses of all [persons] individuals who indicate their status as a veteran
492     under Subsection 53-3-804(2)(l).
493          [(6)] (9) The division and [its] the division's employees are not liable, as a result of
494     false or inaccurate information provided under Subsection 53-3-804(2)(j) or (l), for direct or
495     indirect:
496          (a) loss;
497          (b) detriment; or
498          (c) injury.
499          [(7)] (10) (a) The division may issue a temporary regular identification card to [a
500     person] an individual while the [person] individual obtains the required documentation to
501     establish verification of the information described in Subsections 53-3-804(2)(a), (b), (c), (d),
502     and (i)(i).
503          (b) A temporary regular identification card issued under this Subsection [(7)] (10) shall
504     be recognized and grant the [person] individual the same privileges as a regular identification
505     card.
506          (c) A temporary regular identification card issued under this Subsection [(7)] (10) is
507     invalid:
508          (i) when the [person's] individual's regular identification card has been issued;
509          (ii) when, for good cause, an applicant's application for a regular identification card has
510     been refused; or
511          (iii) upon expiration of the temporary regular identification card.
512          Section 5. Effective date.
513          This bill takes effect on October 15, 2022.