This document includes House Committee Amendments incorporated into the bill on Wed, Mar 2, 2022 at 8:21 AM by pflowers.
1     
DIGITAL DRIVER LICENSE AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lincoln Fillmore

5     
House Sponsor: Mike Winder

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to the establishment and maintenance of a program
10     for electronic driver license certificates and identification cards.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     makes the electronic license certificate and identification card program Ĥ→ [permanent]
14a     a permanent option ←Ĥ ;
15          ▸     requires the division to maintain the security and privacy of information related to
16     an electronic license certificate or identification card;
17          ▸     allows a contract vendor to collect a nominal fee to obtain the application for an
18     electronic license certificate or identification card;
19          ▸     requires the Driver License Division to ensure data security and privacy related to
20     an electronic license certificate; 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 2021, Chapter 120
29          53-3-235, as last amended by Laws of Utah 2020, Chapter 262
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 53-3-102 is amended to read:
33          53-3-102. Definitions.
34          As used in this chapter:
35          (1) "Autocycle" means a motor vehicle that:
36          (a) is designed to travel with three or fewer wheels in contact with the ground;
37          (b) is equipped with a steering wheel; and
38          (c) is equipped with seating that does not require the operator to straddle or sit astride
39     the vehicle.
40          (2) "Cancellation" means the termination by the division of a license issued through
41     error or fraud or for which consent under Section 53-3-211 has been withdrawn.
42          (3) "Class D license" means the class of license issued to drive motor vehicles not
43     defined as commercial motor vehicles or motorcycles under this chapter.
44          (4) "Commercial driver instruction permit" or "CDIP" means a commercial learner
45     permit:
46          (a) issued under Section 53-3-408; or
47          (b) issued by a state or other jurisdiction of domicile in compliance with the standards
48     contained in 49 C.F.R. Part 383.
49          (5) "Commercial driver license" or "CDL" means a license:
50          (a) issued substantially in accordance with the requirements of Title XII, Pub. L.
51     99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
52     Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
53     commercial motor vehicle; and
54          (b) that was obtained by providing evidence of lawful presence in the United States
55     with one of the document requirements described in Subsection 53-3-410(1)(i)(i).
56          (6) (a) "Commercial driver license motor vehicle record" or "CDL MVR" means a
57     driving record that:
58          (i) applies to a person who holds or is required to hold a commercial driver instruction
59     permit or a CDL license; and
60          (ii) contains the following:
61          (A) information contained in the driver history, including convictions, pleas held in
62     abeyance, disqualifications, and other licensing actions for violations of any state or local law
63     relating to motor vehicle traffic control, committed in any type of vehicle;
64          (B) driver self-certification status information under Section 53-3-410.1; and
65          (C) information from medical certification record keeping in accordance with 49
66     C.F.R. Sec. 383.73(o).
67          (b) "Commercial driver license motor vehicle record" or "CDL MVR" does not mean a
68     motor vehicle record described in Subsection (30).
69          (7) (a) "Commercial motor vehicle" means a motor vehicle or combination of motor
70     vehicles designed or used to transport passengers or property if the motor vehicle:
71          (i) has a gross vehicle weight rating of 26,001 or more pounds or a lesser rating as
72     determined by federal regulation;
73          (ii) is designed to transport 16 or more passengers, including the driver; or
74          (iii) is transporting hazardous materials and is required to be placarded in accordance
75     with 49 C.F.R. Part 172, Subpart F.
76          (b) The following vehicles are not considered a commercial motor vehicle for purposes
77     of Part 4, Uniform Commercial Driver License Act:
78          (i) equipment owned and operated by the United States Department of Defense when
79     driven by any active duty military personnel and members of the reserves and national guard on
80     active duty including personnel on full-time national guard duty, personnel on part-time
81     training, and national guard military technicians and civilians who are required to wear military
82     uniforms and are subject to the code of military justice;
83          (ii) vehicles controlled and driven by a farmer to transport agricultural products, farm
84     machinery, or farm supplies to or from a farm within 150 miles of his farm but not in operation
85     as a motor carrier for hire;
86          (iii) firefighting and emergency vehicles;
87          (iv) recreational vehicles that are not used in commerce and are driven solely as family
88     or personal conveyances for recreational purposes; and
89          (v) vehicles used to provide transportation network services, as defined in Section
90     13-51-102.
91          (8) "Conviction" means any of the following:
92          (a) an unvacated adjudication of guilt or a determination that a person has violated or
93     failed to comply with the law in a court of original jurisdiction or an administrative proceeding;
94          (b) an unvacated forfeiture of bail or collateral deposited to secure a person's
95     appearance in court;
96          (c) a plea of guilty or nolo contendere accepted by the court;
97          (d) the payment of a fine or court costs; or
98          (e) violation of a condition of release without bail, regardless of whether the penalty is
99     rebated, suspended, or probated.
100          (9) "Denial" or "denied" means the withdrawal of a driving privilege by the division to
101     which the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or Operator's Security,
102     do not apply.
103          (10) "Director" means the division director appointed under Section 53-3-103.
104          (11) "Disqualification" means either:
105          (a) the suspension, revocation, cancellation, denial, or any other withdrawal by a state
106     of a person's privileges to drive a commercial motor vehicle;
107          (b) a determination by the Federal Highway Administration, under 49 C.F.R. Part 386,
108     that a person is no longer qualified to drive a commercial motor vehicle under 49 C.F.R. Part
109     391; or
110          (c) the loss of qualification that automatically follows conviction of an offense listed in
111     49 C.F.R. Part 383.51.
112          (12) "Division" means the Driver License Division of the department created in
113     Section 53-3-103.
114          (13) "Downgrade" means to obtain a lower license class than what was originally
115     issued during an existing license cycle.
116          (14) "Drive" means:
117          (a) to operate or be in physical control of a motor vehicle upon a highway; and
118          (b) in Subsections 53-3-414(1) through (3), Subsection 53-3-414(5), and Sections
119     53-3-417 and 53-3-418, the operation or physical control of a motor vehicle at any place within
120     the state.
121          (15) (a) "Driver" means an individual who drives, or is in actual physical control of a
122     motor vehicle in any location open to the general public for purposes of vehicular traffic.
123          (b) In Part 4, Uniform Commercial Driver License Act, "driver" includes any person
124     who is required to hold a CDL under Part 4, Uniform Commercial Driver License Act, or
125     federal law.
126          (16) "Driving privilege card" means the evidence of the privilege granted and issued
127     under this chapter to drive a motor vehicle to a person whose privilege was obtained without
128     providing evidence of lawful presence in the United States.
129          (17) "Electronic license certificate" means the evidence, in an electronic format as
130     described in Section 53-3-235, of a privilege granted under this chapter to drive a motor
131     vehicle.
132          (18) "Electronic identification card" means an identification card in an electronic
133     format as described in Section 53-3-235.
134          [(18)] (19) "Extension" means a renewal completed in a manner specified by the
135     division.
136          [(19)] (20) "Farm tractor" means every motor vehicle designed and used primarily as a
137     farm implement for drawing plows, mowing machines, and other implements of husbandry.
138          [(20)] (21) "Highway" means the entire width between property lines of every way or
139     place of any nature when any part of it is open to the use of the public, as a matter of right, for
140     traffic.
141          [(21)] (22) "Human driver" means the same as that term is defined in Section
142     41-26-102.1.
143          [(22)] (23) "Identification card" means a card issued under Part 8, Identification Card
144     Act, to a person for identification purposes.
145          [(23)] (24) "Indigent" means that a person's income falls below the federal poverty
146     guideline issued annually by the U.S. Department of Health and Human Services in the Federal
147     Register.
148          [(24)] (25) "License" means the privilege to drive a motor vehicle.
149          [(25)] (26) (a) "License certificate" means the evidence of the privilege issued under
150     this chapter to drive a motor vehicle.
151          (b) "License certificate" evidence includes:
152          (i) a regular license certificate;
153          (ii) a limited-term license certificate;
154          (iii) a driving privilege card;
155          (iv) a CDL license certificate;
156          (v) a limited-term CDL license certificate;
157          (vi) a temporary regular license certificate;
158          (vii) a temporary limited-term license certificate; and
159          (viii) an electronic license certificate created in Section 53-3-235.
160          [(26)] (27) "Limited-term commercial driver license" or "limited-term CDL" means a
161     license:
162          (a) issued substantially in accordance with the requirements of Title XII, Pub. L. No.
163     99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
164     Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
165     commercial motor vehicle; and
166          (b) that was obtained by providing evidence of lawful presence in the United States
167     with one of the document requirements described in Subsection 53-3-410(1)(i)(ii).
168          [(27)] (28) "Limited-term identification card" means an identification card issued under
169     this chapter to a person whose card was obtained by providing evidence of lawful presence in
170     the United States with one of the document requirements described in Subsection
171     53-3-804(2)(i)(ii).
172          [(28)] (29) "Limited-term license certificate" means the evidence of the privilege
173     granted and issued under this chapter to drive a motor vehicle to a person whose privilege was
174     obtained providing evidence of lawful presence in the United States with one of the document
175     requirements described in Subsection 53-3-205(8)(a)(ii)(B).
176          [(29)] (30) "Motor vehicle" means the same as that term is defined in Section
177     41-1a-102.
178          [(30)] (31) "Motor vehicle record" or "MVR" means a driving record under Subsection
179     53-3-109(6)(a).
180          [(31)] (32) "Motorboat" means the same as that term is defined in Section 73-18-2.
181          [(32)] (33) "Motorcycle" means every motor vehicle, other than a tractor, having a seat
182     or saddle for the use of the rider and designed to travel with not more than three wheels in
183     contact with the ground.
184          [(33)] (34) "Office of Recovery Services" means the Office of Recovery Services,
185     created in Section 62A-11-102.
186          [(34)] (35) "Operate" means the same as that term is defined in Section 41-1a-102.
187          [(35)] (36) (a) "Owner" means a person other than a lien holder having an interest in
188     the property or title to a vehicle.
189          (b) "Owner" includes a person entitled to the use and possession of a vehicle subject to
190     a security interest in another person but excludes a lessee under a lease not intended as security.
191          [(36)] (37) "Penalty accounts receivable" means a fine, restitution, forfeiture, fee,
192     surcharge, or other financial penalty imposed on an individual by a court or other government
193     entity.
194          [(37)] (38) (a) "Private passenger carrier" means any motor vehicle for hire that is:
195          (i) designed to transport 15 or fewer passengers, including the driver; and
196          (ii) operated to transport an employee of the person that hires the motor vehicle.
197          (b) "Private passenger carrier" does not include:
198          (i) a taxicab;
199          (ii) a motor vehicle driven by a transportation network driver as defined in Section
200     13-51-102;
201          (iii) a motor vehicle driven for transportation network services as defined in Section
202     13-51-102; and
203          (iv) a motor vehicle driven for a transportation network company as defined in Section
204     13-51-102 and registered with the Division of Consumer Protection as described in Section
205     13-51-104.
206          [(38)] (39) "Regular identification card" means an identification card issued under this
207     chapter to a person whose card was obtained by providing evidence of lawful presence in the
208     United States with one of the document requirements described in Subsection 53-3-804(2)(i)(i).
209          [(39)] (40) "Regular license certificate" means the evidence of the privilege issued
210     under this chapter to drive a motor vehicle whose privilege was obtained by providing evidence
211     of lawful presence in the United States with one of the document requirements described in
212     Subsection 53-3-205(8)(a)(ii)(A).
213          [(40)] (41) "Renewal" means to validate a license certificate so that it expires at a later
214     date.
215          [(41)] (42) "Reportable violation" means an offense required to be reported to the
216     division as determined by the division and includes those offenses against which points are
217     assessed under Section 53-3-221.
218          [(42)] (43) (a) "Resident" means an individual who:
219          (i) has established a domicile in this state, as defined in Section 41-1a-202, or
220     regardless of domicile, remains in this state for an aggregate period of six months or more
221     during any calendar year;
222          (ii) engages in a trade, profession, or occupation in this state, or who accepts
223     employment in other than seasonal work in this state, and who does not commute into the state;
224          (iii) declares himself to be a resident of this state by obtaining a valid Utah driver
225     license certificate or motor vehicle registration; or
226          (iv) declares himself a resident of this state to obtain privileges not ordinarily extended
227     to nonresidents, including going to school, or placing children in school without paying
228     nonresident tuition or fees.
229          (b) "Resident" does not include any of the following:
230          (i) a member of the military, temporarily stationed in this state;
231          (ii) an out-of-state student, as classified by an institution of higher education,
232     regardless of whether the student engages in any type of employment in this state;
233          (iii) a person domiciled in another state or country, who is temporarily assigned in this
234     state, assigned by or representing an employer, religious or private organization, or a
235     governmental entity; or
236          (iv) an immediate family member who resides with or a household member of a person
237     listed in Subsections [(42)] (43)(b)(i) through (iii).
238          [(43)] (44) "Revocation" means the termination by action of the division of a licensee's
239     privilege to drive a motor vehicle.
240          [(44)] (45) (a) "School bus" means a commercial motor vehicle used to transport
241     pre-primary, primary, or secondary school students to and from home and school, or to and
242     from school sponsored events.
243          (b) "School bus" does not include a bus used as a common carrier as defined in Section
244     59-12-102.
245          [(45)] (46) "Suspension" means the temporary withdrawal by action of the division of a
246     licensee's privilege to drive a motor vehicle.
247          [(46)] (47) "Taxicab" means any class D motor vehicle transporting any number of
248     passengers for hire and that is subject to state or federal regulation as a taxi.
249          Section 2. Section 53-3-235 is amended to read:
250          53-3-235. Electronic license certificate or identification card.
251          [(1) (a) On or before January 1, 2021, the division shall establish a pilot program for a
252     process and system for an individual to obtain an electronic license certificate or identification
253     card.]
254          [(b) Based on information and results from the pilot program described in Subsection
255     (1)(a), on]
256          (1) On or before January 1, 2022, the division shall establish and maintain a process
257     and system for an individual Ĥ→ to have the option ←Ĥ to obtain an electronic license certificate
257a     or identification card.
258          (2) (a) In order to contract with a vendor to establish a process and system to issue an
259     electronic license certificate or identification card, the division shall issue a standard
260     procurement process in accordance with Title 63G, Chapter 6a, Utah Procurement Code.
261          (b) A vendor under contract with the division to establish and maintain a process and
262     technology may require a nominal fee to obtain an application for the electronic license
263     certificate or identification card.
264          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
265     division may make rules necessary to facilitate the implementation, coordination, and
266     administration of electronic license certificates and identification cards.
267          (4) The division shall ensure that the system and technology used for an electronic
268     license certificate or identification card Ĥ→ :
268a          (i) ←Ĥ maintains the data security and privacy of the
269     individual in the same manner as an individual with a license certificate or an identification
270     card Ĥ→ [.] ; and
270a          (ii) is not capable of digital tracking, geotracking, or other data collection from the
270b     device or the end user. ←Ĥ