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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 permanent;
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
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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41 error or fraud or for which consent under Section 53-3-211 has been withdrawn.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.
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135 division.
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137 farm implement for drawing plows, mowing machines, and other implements of husbandry.
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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.
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142 41-26-102.1.
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144 Act, to a person for identification purposes.
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146 guideline issued annually by the U.S. Department of Health and Human Services in the Federal
147 Register.
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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.
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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).
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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).
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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).
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177 41-1a-102.
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179 53-3-109(6)(a).
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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.
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185 created in Section 62A-11-102.
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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.
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192 surcharge, or other financial penalty imposed on an individual by a court or other government
193 entity.
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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.
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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).
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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).
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214 date.
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216 division as determined by the division and includes those offenses against which points are
217 assessed under Section 53-3-221.
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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 [
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239 privilege to drive a motor vehicle.
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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.
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246 licensee's privilege to drive a motor vehicle.
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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.
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256 (1) On or before January 1, 2022, the division shall establish and maintain a process
257 and system for an individual to obtain an electronic license certificate 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 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.