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8 LONG TITLE
9 General Description:
10 This bill allows an approved private fingerprint vendor to take and submit digital
11 fingerprint scans and a photograph of an applicant to the Bureau of Criminal
12 Identification for driving privilege card purposes.
13 Highlighted Provisions:
14 This bill:
15 ▸ allows a private fingerprint vendor to request approval from the Driver License
16 Division to take digital fingerprint scans of an applicant for purposes of a driving
17 privilege card application;
18 ▸ requires the Driver License Division to review a request from a private vendor and
19 authorize the vendor to provide finger printing services for driving privilege card
20 application purposes;
21 ▸ allows an approved fingerprint vendor to take digital fingerprint scans and a
22 photograph and submit the scans to the Bureau of Criminal Identification for
23 purposes of a driving privilege card application;
24 ▸ requires the Driver License Division to create and maintain a list of approved
25 fingerprint vendors on the Driver License Division's website; and
26 ▸ makes technical changes.
27 Money Appropriated in this Bill:
28 None
29 Other Special Clauses:
30 None
31 Utah Code Sections Affected:
32 AMENDS:
33 53-3-205, as last amended by Laws of Utah 2022, Chapter 46
34 53-3-205.5, as last amended by Laws of Utah 2016, Chapter 29
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 53-3-205 is amended to read:
38 53-3-205. Application for license or endorsement -- Fee required -- Tests --
39 Expiration dates of licenses and endorsements -- Information required -- Previous
40 licenses surrendered -- Driving record transferred from other states -- Reinstatement --
41 Fee required -- License agreement.
42 (1) An application for an original license, provisional license, or endorsement shall be:
43 (a) made upon a form furnished by the division; and
44 (b) accompanied by a nonrefundable fee set under Section 53-3-105.
45 (2) An application and fee for an original provisional class D license or an original
46 class D license entitle the applicant to:
47 (a) not more than three attempts to pass both the knowledge and the skills tests for a
48 class D license within six months after the date of the application;
49 (b) a learner permit if needed pending completion of the application and testing
50 process; and
51 (c) an original class D license and license certificate after all tests are passed and
52 requirements are completed.
53 (3) An application and fee for a motorcycle or taxicab endorsement entitle the
54 applicant to:
55 (a) not more than three attempts to pass both the knowledge and skills tests within six
56 months after the date of the application;
57 (b) a motorcycle learner permit after the motorcycle knowledge test is passed; and
58 (c) a motorcycle or taxicab endorsement when all tests are passed.
59 (4) An application for a commercial class A, B, or C license entitles the applicant to:
60 (a) not more than two attempts to pass a knowledge test when accompanied by the fee
61 provided in Subsection 53-3-105(18);
62 (b) not more than two attempts to pass a skills test when accompanied by a fee in
63 Subsection 53-3-105(19) within six months after the date of application;
64 (c) both a commercial driver instruction permit and a temporary license permit for the
65 license class held before the applicant submits the application if needed after the knowledge
66 test is passed; and
67 (d) an original commercial class A, B, or C license and license certificate when all
68 applicable tests are passed.
69 (5) An application and fee for a CDL endorsement entitle the applicant to:
70 (a) not more than two attempts to pass a knowledge test and not more than two
71 attempts to pass a skills test within six months after the date of the application; and
72 (b) a CDL endorsement when all tests are passed.
73 (6) (a) If a CDL applicant does not pass a knowledge test, skills test, or an endorsement
74 test within the number of attempts provided in Subsection (4) or (5), each test may be taken
75 two additional times within the six months for the fee provided in Section 53-3-105.
76 (b) (i) An out-of-state resident who holds a valid CDIP issued by a state or jurisdiction
77 that is compliant with 49 C.F.R. Part 383 may take a skills test administered by the division if
78 the out-of-state resident pays the fee provided in Subsection 53-3-105(19).
79 (ii) The division shall:
80 (A) electronically transmit skills test results for an out-of-state resident to the licensing
81 agency in the state or jurisdiction in which the out-of-state resident has obtained a valid CDIP;
82 and
83 (B) provide the out-of-state resident with documentary evidence upon successful
84 completion of the skills test.
85 (7) (a) (i) Except as provided under Subsections (7)(a)(ii), (f), and (g), an original class
86 D license expires on the birth date of the applicant in the eighth year after the year the license
87 certificate was issued.
88 (ii) An original provisional class D license expires on the birth date of the applicant in
89 the fifth year following the year the license certificate was issued.
90 (iii) Except as provided in Subsection (7)(f), a limited term class D license expires on
91 the birth date of the applicant in the fifth year the license certificate was issued.
92 (b) Except as provided under Subsections (7)(f) and (g), a renewal or an extension to a
93 license expires on the birth date of the licensee in the eighth year after the expiration date of the
94 license certificate renewed or extended.
95 (c) Except as provided under Subsections (7)(f) and (g), a duplicate license expires on
96 the same date as the last license certificate issued.
97 (d) An endorsement to a license expires on the same date as the license certificate
98 regardless of the date the endorsement was granted.
99 (e) (i) A regular license certificate and an endorsement to the regular license certificate
100 held by an individual described in Subsection (7)(e)(ii), that expires during the time period the
101 individual is stationed outside of the state, is valid until 90 days after the individual's orders are
102 terminated, the individual is discharged, or the individual's assignment is changed or
103 terminated, unless:
104 (A) the license is suspended, disqualified, denied, or has been cancelled or revoked by
105 the division; or
106 (B) the licensee updates the information or photograph on the license certificate.
107 (ii) The provisions in Subsection (7)(e)(i) apply to an individual:
108 (A) ordered to active duty and stationed outside of Utah in any of the armed forces of
109 the United States;
110 (B) who is an immediate family member or dependent of an individual described in
111 Subsection (7)(e)(ii)(A) and is residing outside of Utah;
112 (C) who is a civilian employee of the United States State Department or United States
113 Department of Defense and is stationed outside of the United States; or
114 (D) who is an immediate family member or dependent of an individual described in
115 Subsection (7)(e)(ii)(C) and is residing outside of the United States.
116 (f) (i) Except as provided in Subsection (7)(f)(ii), a limited-term license certificate or a
117 renewal to a limited-term license certificate expires:
118 (A) on the expiration date of the period of time of the individual's authorized stay in
119 the United States or on the date provided under this Subsection (7), whichever is sooner; or
120 (B) on the date of issuance in the first year following the year that the limited-term
121 license certificate was issued if there is no definite end to the individual's period of authorized
122 stay.
123 (ii) A limited-term license certificate or a renewal to a limited-term license certificate
124 issued to an approved asylee or a refugee expires on the birth date of the applicant in the fifth
125 year following the year that the limited-term license certificate was issued.
126 (g) A driving privilege card issued or renewed under Section 53-3-207 expires on the
127 birth date of the applicant in the first year following the year that the driving privilege card was
128 issued or renewed.
129 (8) (a) In addition to the information required by Title 63G, Chapter 4, Administrative
130 Procedures Act, for requests for agency action, an applicant shall:
131 (i) provide:
132 (A) the applicant's full legal name;
133 (B) the applicant's birth date;
134 (C) the applicant's sex;
135 (D) (I) documentary evidence of the applicant's valid social security number;
136 (II) written proof that the applicant is ineligible to receive a social security number;
137 (III) the applicant's temporary identification number (ITIN) issued by the Internal
138 Revenue Service for an individual who:
139 (Aa) does not qualify for a social security number; and
140 (Bb) is applying for a driving privilege card; or
141 (IV) other documentary evidence approved by the division;
142 (E) the applicant's Utah residence address as documented by a form or forms
143 acceptable under rules made by the division under Section 53-3-104, unless the application is
144 for a temporary CDL issued under Subsection 53-3-407(2)(b); and
145 (F) fingerprints, or a fingerprint confirmation form described in Subsection
146 53-3-205.5(1)(a)(ii), and a photograph in accordance with Section 53-3-205.5 if the applicant is
147 applying for a driving privilege card;
148 (ii) provide evidence of the applicant's lawful presence in the United States by
149 providing documentary evidence:
150 (A) that the applicant is:
151 (I) a United States citizen;
152 (II) a United States national; or
153 (III) a legal permanent resident alien; or
154 (B) of the applicant's:
155 (I) unexpired immigrant or nonimmigrant visa status for admission into the United
156 States;
157 (II) pending or approved application for asylum in the United States;
158 (III) admission into the United States as a refugee;
159 (IV) pending or approved application for temporary protected status in the United
160 States;
161 (V) approved deferred action status;
162 (VI) pending application for adjustment of status to legal permanent resident or
163 conditional resident; or
164 (VII) conditional permanent resident alien status;
165 (iii) provide a description of the applicant;
166 (iv) state whether the applicant has previously been licensed to drive a motor vehicle
167 and, if so, when and by what state or country;
168 (v) state whether the applicant has ever had a license suspended, cancelled, revoked,
169 disqualified, or denied in the last 10 years, or whether the applicant has ever had a license
170 application refused, and if so, the date of and reason for the suspension, cancellation,
171 revocation, disqualification, denial, or refusal;
172 (vi) state whether the applicant intends to make an anatomical gift under Title 26,
173 Chapter 28, Revised Uniform Anatomical Gift Act, in compliance with Subsection (15);
174 (vii) state whether the applicant is required to register as a sex offender in accordance
175 with Title 77, Chapter 41, Sex and Kidnap Offender Registry;
176 (viii) state whether the applicant is a veteran of the United States military, provide
177 verification that the applicant was granted an honorable or general discharge from the United
178 States Armed Forces, and state whether the applicant does or does not authorize sharing the
179 information with the Department of Veterans and Military Affairs;
180 (ix) provide all other information the division requires; and
181 (x) sign the application which signature may include an electronic signature as defined
182 in Section 46-4-102.
183 (b) Unless the applicant provides acceptable verification of homelessness as described
184 in rules made by the division, an applicant shall have a Utah residence address, unless the
185 application is for a temporary CDL issued under Subsection 53-3-407(2)(b).
186 (c) An applicant shall provide evidence of lawful presence in the United States in
187 accordance with Subsection (8)(a)(ii), unless the application is for a driving privilege card.
188 (d) The division shall maintain on the division's computerized records an applicant's:
189 (i) (A) social security number;
190 (B) temporary identification number (ITIN); or
191 (C) other number assigned by the division if Subsection (8)(a)(i)(D)(IV) applies; and
192 (ii) indication whether the applicant is required to register as a sex offender in
193 accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry.
194 (9) The division shall require proof of an applicant's name, birth date, and birthplace by
195 at least one of the following means:
196 (a) current license certificate;
197 (b) birth certificate;
198 (c) Selective Service registration; or
199 (d) other proof, including church records, family Bible notations, school records, or
200 other evidence considered acceptable by the division.
201 (10) (a) Except as provided in Subsection (10)(c), if an applicant receives a license in a
202 higher class than what the applicant originally was issued:
203 (i) the license application is treated as an original application; and
204 (ii) license and endorsement fees is assessed under Section 53-3-105.
205 (b) An applicant that receives a downgraded license in a lower license class during an
206 existing license cycle that has not expired:
207 (i) may be issued a duplicate license with a lower license classification for the
208 remainder of the existing license cycle; and
209 (ii) shall be assessed a duplicate license fee under Subsection 53-3-105(25) if a
210 duplicate license is issued under Subsection (10)(b)(i).
211 (c) An applicant who has received a downgraded license in a lower license class under
212 Subsection (10)(b):
213 (i) may, when eligible, receive a duplicate license in the highest class previously issued
214 during a license cycle that has not expired for the remainder of the existing license cycle; and
215 (ii) shall be assessed a duplicate license fee under Subsection 53-3-105(25) if a
216 duplicate license is issued under Subsection (10)(c)(i).
217 (11) (a) When an application is received from an applicant previously licensed in
218 another state to drive a motor vehicle, the division shall request a copy of the driver's record
219 from the other state.
220 (b) When received, the driver's record becomes part of the driver's record in this state
221 with the same effect as though entered originally on the driver's record in this state.
222 (12) An application for reinstatement of a license after the suspension, cancellation,
223 disqualification, denial, or revocation of a previous license is accompanied by the additional
224 fee or fees specified in Section 53-3-105.
225 (13) An individual who has an appointment with the division for testing and fails to
226 keep the appointment or to cancel at least 48 hours in advance of the appointment shall pay the
227 fee under Section 53-3-105.
228 (14) An applicant who applies for an original license or renewal of a license agrees that
229 the individual's license is subject to a suspension or revocation authorized under this title or
230 Title 41, Motor Vehicles.
231 (15) (a) A licensee shall authenticate the indication of intent under Subsection
232 (8)(a)(vi) in accordance with division rule.
233 (b) (i) Notwithstanding Title 63G, Chapter 2, Government Records Access and
234 Management Act, the division may, upon request, release to an organ procurement
235 organization, as defined in Section 26-28-102, the names and addresses of all applicants who,
236 under Subsection (8)(a)(vi), indicate that they intend to make an anatomical gift.
237 (ii) An organ procurement organization may use released information only to:
238 (A) obtain additional information for an anatomical gift registry; and
239 (B) inform licensees of anatomical gift options, procedures, and benefits.
240 (16) Notwithstanding Title 63G, Chapter 2, Government Records Access and
241 Management Act, the division may release to the Department of Veterans and Military Affairs
242 the names and addresses of all applicants who indicate their status as a veteran under
243 Subsection (8)(a)(viii).
244 (17) Notwithstanding Title 63G, Chapter 2, Government Records Access and
245 Management Act, the division shall, upon request, release to the Sex and Kidnap Offender
246 Registry office in the Department of Corrections, the names and addresses of all applicants
247 who, under Subsection (8)(a)(vii), indicate they are required to register as a sex offender in
248 accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry.
249 (18) The division and its employees are not liable, as a result of false or inaccurate
250 information provided under Subsection (8)(a)(vi) or (viii), for direct or indirect:
251 (a) loss;
252 (b) detriment; or
253 (c) injury.
254 (19) An applicant who knowingly fails to provide the information required under
255 Subsection (8)(a)(vii) is guilty of a class A misdemeanor.
256 (20) A person may not hold both an unexpired Utah license certificate and an
257 unexpired identification card.
258 (21) (a) An applicant who applies for an original motorcycle endorsement to a regular
259 license certificate is exempt from the requirement to pass the knowledge and skills test to be
260 eligible for the motorcycle endorsement if the applicant:
261 (i) is a resident of the state of Utah;
262 (ii) (A) is ordered to active duty and stationed outside of Utah in any of the armed
263 forces of the United States; or
264 (B) is an immediate family member or dependent of an individual described in
265 Subsection (21)(a)(ii)(A) and is residing outside of Utah;
266 (iii) has a digitized driver license photo on file with the division;
267 (iv) provides proof to the division of the successful completion of a certified
268 Motorcycle Safety Foundation rider training course; and
269 (v) provides the necessary information and documentary evidence required under
270 Subsection (8).
271 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
272 division shall make rules:
273 (i) establishing the procedures for an individual to obtain a motorcycle endorsement
274 under this Subsection (21); and
275 (ii) identifying the applicable restrictions for a motorcycle endorsement issued under
276 this Subsection (21).
277 Section 2. Section 53-3-205.5 is amended to read:
278 53-3-205.5. Fingerprint and photograph submission requirements for driving
279 privilege card applicants and cardholders -- Approved private fingerprint vendor
280 requests -- Division approval of a vendor.
281 (1) (a) Every applicant for an original driving privilege card shall submit[
282 application to the division[
283 provided by the Bureau of Criminal Identification, an approved fingerprint vendor, or a law
284 enforcement agency, either:
285 (i) a photograph of the applicant and the applicant's fingerprints; or
286 (ii) a photograph of the applicant and a confirmation form from an approved
287 fingerprint vendor, described in Subsection (1)(c), stating that:
288 (A) the vendor attests that the vendor verified the photograph to be placed in the
289 envelope is a photograph of the individual whose fingerprints were digitally taken; and
290 (B) the vendor attests to have electronically submitted the digital fingerprint scans of
291 the photographed individual directly to the Bureau of Criminal Identification's fingerprint
292 database.
293 (b) If an applicant for a renewal of a driving privilege card has not previously
294 submitted [
295 the division, the applicant shall submit [
296 listed in Subsection (1)(a) in a sealed envelope provided by the Bureau of Criminal
297 Identification or a law enforcement agency.
298 (c) (i) The division shall create and maintain on the division's website a list of
299 approved fingerprint vendors and each vendor's contact information.
300 (ii) The division shall review an approval request from a fingerprint vendor and
301 determine whether to approve the vendor and add the vendor to the approved fingerprint
302 vendor website list.
303 (iii) The division shall approve a fingerprint vendor and add the vendor to the
304 division's website list if the vendor:
305 (A) uses digital fingerprint technology that can submit digital fingerprints directly to
306 the Bureau of Criminal Identification's database;
307 (B) agrees to verify the identity of the individual by visually inspecting a
308 government-issued photograph identification, as described in Subsection (1)(c)(iv), that the
309 individual is required to present to the vendor;
310 (C) agrees to certify on the fingerprint confirmation form that the individual
311 fingerprinted and the individual photographed under Subsection (1)(a)(ii) are the same
312 individual; and
313 (D) agrees to place the photograph and fingerprint confirmation form inside the
314 envelope described in Subsection (1)(a) and to seal the envelope.
315 (iv) A fingerprint vendor may accept a government-issued form of identification
316 described in Subsection (1)(c)(v) for purposes of Subsection (1)(c)(iii)(B) if the identification
317 includes the individual's name and photograph.
318 (v) A fingerprint vendor may accept the following photographic identifications
319 required in Subsection (1)(c)(iv):
320 (A) a driver license from any state or country;
321 (B) an identification card from any state or country;
322 (C) a passport from any country;
323 (D) a passport card from any country;
324 (E) a border crossing card;
325 (F) a consulate card from any country;
326 (G) a visa;
327 (H) an employment authorization card;
328 (I) a foreign voter's registration card;
329 (J) a military identification card; and
330 (K) other forms of identification approved by the division.
331 [
332 law enforcement agency that has the capability of handling fingerprint and photograph
333 submissions shall take the applicant's fingerprints and photo for submission under Subsection
334 (1).
335 (ii) An approved fingerprint vendor shall take the applicant's fingerprints via digital
336 fingerprint technology and electronically submit the digital fingerprint scans directly to the
337 Bureau of Criminal Identification's database.
338 (2) The division shall submit fingerprints or a fingerprint confirmation form for each
339 person described in Subsection (1) to the Bureau of Criminal Identification established in
340 Section 53-10-201.
341 (3) The Bureau of Criminal Identification shall:
342 (a) check the fingerprints submitted under Subsection (1) against the applicable state
343 and regional criminal records databases;
344 (b) maintain a separate file of fingerprints submitted under Subsection (1) for search by
345 future submissions to the local, state, and regional criminal records databases, including latent
346 prints; and
347 (c) provide notice to the federal Immigration and Customs Enforcement Agency of the
348 United States Department of Homeland Security of any new or existing criminal history record
349 or new or existing warrant information contained in or entered in local, state, or regional
350 databases.
351 (4) In addition to any other fees authorized by this chapter, the division shall:
352 (a) impose on individuals submitting fingerprints in accordance with this section the
353 fees that the Bureau of Criminal Identification is authorized to collect for the services the
354 Bureau of Criminal Identification or other authorized agency provides under this section; and
355 (b) remit the fees collected under Subsection (4)(a) to the Bureau of Criminal
356 Identification.