Representative Thomas W. Peterson proposes the following substitute bill:


1     
DRIVER LICENSE AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Thomas W. Peterson

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the information that may be displayed on a driver license or
10     identification card and modifies when the Driver License Division may share
11     information.
12     Highlighted Provisions:
13          This bill:
14          ▸     allows a concealed firearm permit holder to have the individual's concealed firearm
15     permit number included on the individual's driver license or identification card;
16          ▸     provides that an individual may consent to the release of records necessary to
17     provide the Driver License Division with the verification and information necessary
18     to comply with the preceding paragraph;
19          ▸     establishes that a driver license that contains an individual's concealed firearm
20     permit number shall expire every five years;
21          ▸     permits a person to present a driver license or identification card that includes a
22     concealed firearm permit number in place of a concealed firearm permit;
23          ▸     allows the Driver License Division to confirm an individual's information in limited
24     circumstances; and
25          ▸     makes technical and conforming changes.

26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:
29          None
30     Utah Code Sections Affected:
31     AMENDS:
32          53-3-105, as last amended by Laws of Utah 2023, Chapter 328
33          53-3-109, as last amended by Laws of Utah 2023, Chapter 219
34          53-3-207, as last amended by Laws of Utah 2023, Chapters 16, 328 and 456
35          53-3-214, as last amended by Laws of Utah 2023, Chapter 414
36          53-3-805, as last amended by Laws of Utah 2023, Chapters 328, 414 and 456
37          53-5-708, as last amended by Laws of Utah 2023, Chapter 16
38          76-10-526, as last amended by Laws of Utah 2023, Chapters 330, 397
39     

40     Be it enacted by the Legislature of the state of Utah:
41          Section 1. Section 53-3-105 is amended to read:
42          53-3-105. Fees for licenses, renewals, extensions, reinstatements, rescheduling,
43     and identification cards.
44          The following fees apply under this chapter:
45          (1) An original class D license application under Section 53-3-205 is $52.
46          (2) An original provisional license application for a class D license under Section
47     53-3-205 is $39.
48          (3) An original limited term license application under Section 53-3-205 is $32.
49          (4) An original application for a motorcycle endorsement under Section 53-3-205 is
50     $18.
51          (5) An original application for a taxicab endorsement under Section 53-3-205 is $14.
52          (6) A learner permit application under Section 53-3-210.5 is $19.
53          (7) (a) A renewal of a class D license under Section 53-3-214 is $52 unless Subsection
54     (12) applies.
55          (b) A renewal of a class D license with a concealed firearm permit number under
56     Section 53-3-207 is $32.

57          (8) A renewal of a provisional license application for a class D license under Section
58     53-3-214 is $52.
59          (9) A renewal of a limited term license application under Section 53-3-214 is $32.
60          (10) A renewal of a motorcycle endorsement under Section 53-3-214 is $18.
61          (11) A renewal of a taxicab endorsement under Section 53-3-214 is $14.
62          (12) A renewal of a class D license for an individual 65 and older under Section
63     53-3-214 is $27.
64          (13) An extension of a class D license under Section 53-3-214 is $42 unless Subsection
65     (17) applies.
66          (14) An extension of a provisional license application for a class D license under
67     Section 53-3-214 is $42.
68          (15) An extension of a motorcycle endorsement under Section 53-3-214 is $18.
69          (16) An extension of a taxicab endorsement under Section 53-3-214 is $14.
70          (17) An extension of a class D license for an individual 65 and older under Section
71     53-3-214 is $22.
72          (18) An original or renewal application for a commercial class A, B, or C license or an
73     original or renewal of a provisional commercial class A or B license under Part 4, Uniform
74     Commercial Driver License Act, is $52.
75          (19) A commercial class A, B, or C license skills test is $78.
76          (20) Each original CDL endorsement for passengers, hazardous material, double or
77     triple trailers, or tankers is $9.
78          (21) An original CDL endorsement for a school bus under Part 4, Uniform Commercial
79     Driver License Act, is $9.
80          (22) A renewal of a CDL endorsement under Part 4, Uniform Commercial Driver
81     License Act, is $9.
82          (23) (a) A retake of a CDL knowledge test provided for in Section 53-3-205 is $26.
83          (b) A retake of a CDL skills test provided for in Section 53-3-205 is $52.
84          (24) A retake of a CDL endorsement test provided for in Section 53-3-205 is $9.
85          (25) A duplicate class A, B, C, or D license certificate under Section 53-3-215 is $23.
86          (26) (a) A license reinstatement application under Section 53-3-205 is $40.
87          (b) A license reinstatement application under Section 53-3-205 for an alcohol, drug, or

88     combination of alcohol and any drug-related offense is $45 in addition to the fee under
89     Subsection (26)(a).
90          (27) (a) An administrative fee for license reinstatement after an alcohol, drug, or
91     combination of alcohol and any drug-related offense under Section 41-6a-520, 53-3-223, or
92     53-3-231 or an alcohol, drug, or combination of alcohol and any drug-related offense under
93     Part 4, Uniform Commercial Driver License Act, is $255.
94          (b) This administrative fee is in addition to the fees under Subsection (26).
95          (28) (a) An administrative fee for providing the driving record of a driver under
96     Section 53-3-104 or 53-3-420 is $8.
97          (b) The division may not charge for a report furnished under Section 53-3-104 to a
98     municipal, county, state, or federal agency.
99          (29) A rescheduling fee under Section 53-3-205 or 53-3-407 is $25.
100          (30) (a) Except as provided under Subsections (30)(b) and (c), an identification card
101     application under Section 53-3-808 is $23.
102          (b) An identification card application under Section 53-3-808 for a person with a
103     disability, as defined in 42 U.S.C. Sec. 12102, is $17.
104          (c) A fee may not be charged for an identification card application if the individual
105     applying:
106          (i) (A) has not been issued a Utah driver license;
107          (B) is indigent; and
108          (C) is at least 18 years old; or
109          (ii) submits written verification that the individual is homeless, as defined in Section
110     26B-3-207, a person who is homeless, as defined in Section 35A-5-302, or a child or youth
111     who is homeless, as defined in 42 U.S.C. Sec. 11434a(2), from:
112          (A) a homeless shelter, as defined in Section 35A-16-305;
113          (B) a permanent housing, permanent, supportive, or transitional facility, as defined in
114     Section 35A-5-302;
115          (C) the Department of Workforce Services; or
116          (D) a local educational agency liaison for homeless children and youth designated
117     under 42 U.S.C. Sec. 11432(g)(1)(J)(ii).
118          (31) (a) An extension of a regular identification card under Subsection 53-3-807(4) for

119     a person with a disability, as defined in 42 U.S.C. Sec. 12102, is $17.
120          (b) The fee described in Subsection (31)(a) is waived if the applicant submits written
121     verification that the individual is homeless, as defined in Section 26B-3-207, or a person who
122     is homeless, as defined in Section 35A-5-302, or a child or youth who is homeless, as defined
123     in 42 U.S.C. Sec. 11434a(2), from:
124          (i) a homeless shelter, as defined in Section 35A-16-305;
125          (ii) a permanent housing, permanent, supportive, or transitional facility, as defined in
126     Section 35A-5-302;
127          (iii) the Department of Workforce Services;
128          (iv) a homeless service provider as verified by the Department of Workforce Services
129     as described in Section 26B-8-113; or
130          (v) a local educational agency liaison for homeless children and youth designated under
131     42 U.S.C. Sec. 11432(g)(1)(J)(ii).
132          (32) (a) An extension of a regular identification card under Subsection 53-3-807(5) is
133     $23.
134          (b) The fee described in Subsection (32)(a) is waived if the applicant submits written
135     verification that the individual is homeless, as defined in Section 26B-3-207, or a person who
136     is homeless, as defined in Section 35A-5-302, from:
137          (i) a homeless shelter, as defined in Section 35A-16-305;
138          (ii) a permanent housing, permanent, supportive, or transitional facility, as defined in
139     Section 35A-5-302;
140          (iii) the Department of Workforce Services; or
141          (iv) a homeless service provider as verified by the Department of Workforce Services
142     as described in Section 26B-8-113.
143          (33) In addition to any license application fees collected under this chapter, the division
144     shall impose on individuals submitting fingerprints in accordance with Section 53-3-205.5 the
145     fees that the Bureau of Criminal Identification is authorized to collect for the services the
146     Bureau of Criminal Identification provides under Section 53-3-205.5.
147          (34) An original mobility vehicle permit application under Section 41-6a-1118 is $30.
148          (35) A renewal of a mobility vehicle permit under Section 41-6a-1118 is $30.
149          (36) A duplicate mobility vehicle permit under Section 41-6a-1118 is $12.

150          (37) An original driving privilege card application under Section 53-3-207 is $32.
151          (38) A renewal of a driving privilege card application under Section 53-3-207 is $23.
152          Section 2. Section 53-3-109 is amended to read:
153          53-3-109. Records -- Access -- Fees -- Rulemaking.
154          (1) (a) Except as provided in this section, all records of the division shall be classified
155     and disclosed in accordance with Title 63G, Chapter 2, Government Records Access and
156     Management Act.
157          (b) The division may disclose personal identifying information in accordance with 18
158     U.S.C. Chapter 123:
159          (i) to a licensed private investigator holding a valid agency license, with a legitimate
160     business need;
161          (ii) to an insurer, insurance support organization, or a self-insured entity, or its agents,
162     employees, or contractors that issues any motor vehicle insurance under Title 31A, Chapter 22,
163     Part 3, Motor Vehicle Insurance, for use in connection with claims investigation activities,
164     antifraud activities, rating, or underwriting for any person issued a license certificate under this
165     chapter;
166          (iii) to a depository institution as that term is defined in Section 7-1-103;
167          (iv) to the State Tax Commission for the purposes of tax fraud detection and
168     prevention and any other use required by law;
169          (v) subject to Subsection [(7)] (8), to the University of Utah for data collection in
170     relation to genetic and epidemiologic research; or
171          (vi) (A) to a government entity, including any court or law enforcement agency, to
172     fulfill the government entity's functions; or
173          (B) to a private person acting on behalf of a government entity to fulfill the government
174     entity's functions, if the division determines disclosure of the information is in the interest of
175     public safety.
176          (2) (a) A person who receives personal identifying information shall be advised by the
177     division that the person may not:
178          (i) disclose the personal identifying information from that record to any other person;
179     or
180          (ii) use the personal identifying information from that record for advertising or

181     solicitation purposes.
182          (b) Any use of personal identifying information by an insurer or insurance support
183     organization, or by a self-insured entity or its agents, employees, or contractors not authorized
184     by Subsection (1)(b)(ii) is:
185          (i) an unfair marketing practice under Section 31A-23a-402; or
186          (ii) an unfair claim settlement practice under Subsection 31A-26-303(3).
187          (3) (a) Notwithstanding the provisions of Subsection (1)(b), the division or its designee
188     may disclose portions of a driving record, in accordance with this Subsection (3), to:
189          (i) an insurer as defined under Section 31A-1-301, or a designee of an insurer, for
190     purposes of assessing driving risk on the insurer's current motor vehicle insurance
191     policyholders;
192          (ii) an employer or a designee of an employer, for purposes of monitoring the driving
193     record and status of current employees who drive as a responsibility of the employee's
194     employment if the requester demonstrates that the requester has obtained the written consent of
195     the individual to whom the information pertains; and
196          (iii) an employer or the employer's agents to obtain or verify information relating to a
197     holder of a commercial driver license that is required under 49 U.S.C. Chapter 313.
198          (b) A disclosure under Subsection (3)(a)(i) shall:
199          (i) include the licensed driver's name, driver license number, date of birth, and an
200     indication of whether the driver has had a moving traffic violation that is a reportable violation,
201     as defined under Section 53-3-102 during the previous month;
202          (ii) be limited to the records of drivers who, at the time of the disclosure, are covered
203     under a motor vehicle insurance policy of the insurer; and
204          (iii) be made under a contract with the insurer or a designee of an insurer.
205          (c) A disclosure under Subsection (3)(a)(ii) or (iii) shall:
206          (i) include the licensed driver's name, driver license number, date of birth, and an
207     indication of whether the driver has had a moving traffic violation that is a reportable violation,
208     as defined under Section 53-3-102, during the previous month;
209          (ii) be limited to the records of a current employee of an employer;
210          (iii) be made under a contract with the employer or a designee of an employer; and
211          (iv) include an indication of whether the driver has had a change reflected in the

212     driver's:
213          (A) driving status;
214          (B) license class;
215          (C) medical self-certification status; or
216          (D) medical examiner's certificate under 49 C.F.R. Sec. 391.45.
217          (d) The contract under Subsection (3)(b)(iii) or (c)(iii) shall specify:
218          (i) the criteria for searching and compiling the driving records being requested;
219          (ii) the frequency of the disclosures;
220          (iii) the format of the disclosures, which may be in bulk electronic form; and
221          (iv) a reasonable charge for the driving record disclosures under this Subsection (3).
222          (4) (a) Notwithstanding Subsection (1)(a), the division may provide a "yes" or "no"
223     response to an electronically submitted request to verify information from a driver license or
224     identification card issued by the division if:
225          (i) the request is made by a private entity operating under the Transportation Security
226     Administration Registered Traveler program;
227          (ii) the private entity implements the Transportation Security Administration
228     enrollment standards; and
229          (iii) the program participant:
230          (A) voluntarily provides the participant's division-issued identification to confirm the
231     participant's identity; and
232          (B) consents to verification of the participant's name, date of birth, and home address.
233          (b) The data described in Subsection (4)(a)(iii)(B) may only be used to enroll or
234     reenroll the participant in the Transportation Security Administration Registered Traveler
235     program.
236          (c) The division may not furnish a "yes" response under Subsection (4)(a) unless all
237     data fields match.
238          [(4)] (5) The division may charge fees:
239          (a) in accordance with Section 53-3-105 for searching and compiling its files or
240     furnishing a report on the driving record of a person;
241          (b) for each document prepared under the seal of the division and deliver upon request,
242     a certified copy of any record of the division, and charge a fee set in accordance with Section

243     63J-1-504 for each document authenticated; [and]
244          (c) established in accordance with [the procedures and requirements of] Section
245     63J-1-504, for disclosing personal identifying information under Subsection (1)(b)[.]; and
246          (d) established in accordance with Section 63J-1-504, for each response under
247     Subsection (4).
248          [(5)] (6) Each certified copy of a driving record furnished in accordance with this
249     section is admissible in any court proceeding in the same manner as the original.
250          [(6)] (7) (a) A driving record furnished under this section may only report on the
251     driving record of a person for a period of 10 years.
252          (b) Subsection [(6)(a)] (7)(a) does not apply to court or law enforcement reports,
253     reports of commercial driver license violations, or reports for commercial driver license
254     holders.
255          [(7)] (8) (a) The division shall include on each application for or renewal of a license
256     or identification card under this chapter:
257          (i) the following notice: "The Driver License Division may disclose the information
258     provided on this form to an entity described in Utah Code Ann. Subsection
259     53-3-109(1)(b)(v).";
260          (ii) a reference to the website described in Subsection [(7)(b)] (8)(b); and
261          (iii) a link to the division website for:
262          (A) information provided by the division, after consultation with the University of
263     Utah, containing the explanation and description described in Subsection [(7)(b)] (8)(b); and
264          (B) an online form for the individual to opt out of the disclosure of personal identifying
265     information [as] described in Subsection (1)(b)(v).
266          (b) In consultation with the division, the University of Utah shall create a website that
267     provides an explanation and description of:
268          (i) what information may be disclosed by the division to the University of Utah under
269     Subsection (1)(b)(v);
270          (ii) the methods and timing of anonymizing the information;
271          (iii) for situations where the information is not anonymized:
272          (A) how the information is used;
273          (B) how the information is secured;

274          (C) how long the information is retained; and
275          (D) who has access to the information;
276          (iv) research and statistical purposes for which the information is used; and
277          (v) other relevant details regarding the information.
278          (c) The website created by the University of Utah described in Subsection [(7)(b)]
279     (8)(b) shall include the following:
280          (i) a link to the division website for an online form for the individual to opt out of the
281     disclosure of personal identifying information as described in Subsection (1)(b)(v); and
282          (ii) a link to an online form for the individual to affirmatively choose to remove,
283     subject to Subsection [(7)(e)(ii)] (8)(e)(ii), personal identifying information from the database
284     controlled by the University of Utah that was disclosed pursuant to Subsection (1)(b)(v).
285          (d) In the course of business, the division shall provide information regarding the
286     disclosure of personal identifying information, including providing on the division website:
287          (i) a link to the website created under Subsection [(7)(b)] (8)(b) to provide individuals
288     with information regarding the disclosure of personal identifying information under Subsection
289     (1)(b)(v); and
290          (ii) a link to the division website for:
291          (A) information provided by the division, after consultation with the University of
292     Utah, containing the explanation and description described in Subsection [(7)(b)] (8)(b); and
293          (B) an online form for the individual to opt out of the disclosure of personal identifying
294     information as described in Subsection (1)(b)(v).
295          (e) (i) The division may not disclose the personal identifying information under
296     Subsection (1)(b)(v) if an individual opts out of the disclosure as described in Subsection
297     [(7)(a)(iii)(B) or (7)(c)(i)] (8)(a)(iii)(B) or (8)(c)(i).
298          (ii) (A) Except as provided in Subsection [(7)(e)(ii)(B),] (8)(e)(ii)(B), if an individual
299     makes a request as described in Subsection [(7)(c)(ii),] (8)(c)(ii), the University of Utah shall,
300     within 90 days of receiving the request, remove and destroy the individual's personal
301     identifying information received under Subsection (1)(b)(v) from a database controlled by the
302     University of Utah.
303          (B) The University of Utah is not required to remove an individual's personal
304     identifying information as described in Subsection [(7)(e)(ii)(A)] (8)(e)(ii)(A) from data

305     released to a research study before the date of the request described in Subsection [(7)(c)(ii)]
306     (8)(c)(ii).
307          (f) The University of Utah shall conduct a biennial internal information security audit
308     of the information systems that store the data received pursuant to Subsection (1)(b)(v), and,
309     beginning in the year 2023, provide a biennial report of the findings of the internal audit to the
310     Transportation Interim Committee.
311          [(8)] (9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
312     Act, the division may make rules to designate:
313          (a) what information shall be included in a report on the driving record of a person;
314          (b) the form of a report or copy of the report which may include electronic format;
315          (c) the form of a certified copy, as required under Section 53-3-216, which may include
316     electronic format;
317          (d) the form of a signature required under this chapter which may include electronic
318     format;
319          (e) the form of written request to the division required under this chapter which may
320     include electronic format;
321          (f) the procedures, requirements, and formats for disclosing personal identifying
322     information under Subsection (1)(b); and
323          (g) the procedures, requirements, and formats necessary for the implementation of
324     Subsection (3).
325          [(9)] (10) (a) It is a class B misdemeanor for a person to knowingly or intentionally
326     access, use, disclose, or disseminate a record created or maintained by the division or any
327     information contained in a record created or maintained by the division for a purpose
328     prohibited or not permitted by statute, rule, regulation, or policy of a governmental entity.
329          (b) A person who discovers or becomes aware of any unauthorized use of records
330     created or maintained by the division shall inform the commissioner and the division director
331     of the unauthorized use.
332          Section 3. Section 53-3-207 is amended to read:
333          53-3-207. License certificates or driving privilege cards issued to drivers by class
334     of motor vehicle -- Contents -- Release of anatomical gift information -- Temporary
335     licenses or driving privilege cards -- Minors' licenses, cards, and permits -- Violation.

336          (1) As used in this section:
337          (a) "Authorized guardian" means:
338          (i) the parent or legal guardian of a child who:
339          (A) is under 18 years old; and
340          (B) has an invisible condition; or
341          (ii) the legal guardian or conservator of an adult who:
342          (A) is 18 years old or older; and
343          (B) has an invisible condition.
344          (b) "Driving privilege" means the privilege granted under this chapter to drive a motor
345     vehicle.
346          (c) "First responder" means:
347          (i) a law enforcement officer, as defined in Section 53-13-103;
348          (ii) an emergency medical technician, as defined in Section 53-2e-101;
349          (iii) an advanced emergency medical technician, as defined in Section 53-2e-101;
350          (iv) a paramedic, as defined in Section 53-2e-101;
351          (v) a firefighter, as defined in Section 53B-8c-102; or
352          (vi) a dispatcher, as defined in Section 53-6-102.
353          (d) "Governmental entity" means the state or a political subdivision of the state.
354          (e) "Health care professional" means:
355          (i) a licensed physician, physician assistant, nurse practitioner, or mental health
356     therapist; or
357          (ii) any other licensed health care professional the division designates by rule made in
358     accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
359          (f) "Invisible condition" means a physical or mental condition that may interfere with
360     an individual's ability to communicate with a first responder, including:
361          (i) a communication impediment;
362          (ii) hearing loss;
363          (iii) blindness or a visual impairment;
364          (iv) autism spectrum disorder;
365          (v) a drug allergy;
366          (vi) Alzheimer's disease or dementia;

367          (vii) post-traumatic stress disorder;
368          (viii) traumatic brain injury;
369          (ix) schizophrenia;
370          (x) epilepsy;
371          (xi) a developmental disability;
372          (xii) Down syndrome;
373          (xiii) diabetes;
374          (xiv) a heart condition; or
375          (xv) any other condition approved by the department.
376          (g) "Invisible condition identification symbol" means a symbol or alphanumeric code
377     that indicates that an individual is an individual with an invisible condition.
378          (h) "Political subdivision" means any county, city, town, school district, public transit
379     district, community reinvestment agency, special improvement or taxing district, special
380     district, special service district, an entity created by an interlocal agreement adopted under Title
381     11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public
382     corporation.
383          (i) "State" means this state, and includes any office, department, agency, authority,
384     commission, board, institution, hospital, college, university, children's justice center, or other
385     instrumentality of the state.
386          (2) (a) The division shall issue to every individual privileged to drive a motor vehicle, a
387     regular license certificate, a limited-term license certificate, or a driving privilege card
388     indicating the type or class of motor vehicle the individual may drive.
389          (b) An individual may not drive a class of motor vehicle unless granted the privilege in
390     that class.
391          (3) (a) Every regular license certificate, limited-term license certificate, or driving
392     privilege card shall bear:
393          (i) the distinguishing number assigned to the individual by the division;
394          (ii) the name, birth date, and Utah residence address of the individual;
395          (iii) a brief description of the individual for the purpose of identification;
396          (iv) any restrictions imposed on the license under Section 53-3-208;
397          (v) a photograph of the individual;

398          (vi) a photograph or other facsimile of the individual's signature;
399          (vii) an indication whether the individual intends to make an anatomical gift under
400     Title 26B, Chapter 8, Part 3, Revised Uniform Anatomical Gift Act, unless the driving
401     privilege is extended under Subsection 53-3-214(3); and
402          (viii) except as provided in Subsection (3)(b), if the individual states that the individual
403     is a veteran of the United States military on the application for a driver license in accordance
404     with Section 53-3-205 and provides verification that the individual was granted an honorable
405     or general discharge from the United States Armed Forces, an indication that the individual is a
406     United States military veteran for a regular license certificate or limited-term license certificate
407     issued on or after July 1, 2011.
408          (b) A regular license certificate or limited-term license certificate issued to an
409     individual younger than 21 years old on a portrait-style format as required in Subsection
410     [(7)(b)] (9)(b) is not required to include an indication that the individual is a United States
411     military veteran under Subsection (3)(a)(viii).
412          (c) A new license certificate issued by the division may not bear the individual's social
413     security number.
414          (d) (i) The regular license certificate, limited-term license certificate, or driving
415     privilege card shall be of an impervious material, resistant to wear, damage, and alteration.
416          (ii) The size, form, and color of the regular license certificate, limited-term license
417     certificate, or driving privilege card shall be as prescribed by the commissioner.
418          (iii) The commissioner may also prescribe the issuance of a special type of limited
419     regular license certificate, limited-term license certificate, or driving privilege card under
420     Subsection 53-3-220(4).
421          (4) (a) The division shall include an individual's concealed firearm permit number on
422     the individual's regular license certificate, limited-term license certificate, or commercial driver
423     license if the individual:
424          (i) requests that the division include the information;
425          (ii) holds a valid concealed firearm permit under Title 53, Chapter 5, Part 7, Concealed
426     Firearm Act; and
427          (iii) consents, in writing, to the Bureau of Criminal Identification providing the
428     division with:

429          (A) the verification described in Subsection (4)(b); and
430          (B) the individual's concealed firearm permit number.
431          (b) Within fourteen days after the day on which the individual makes the request
432     described in Subsection (4)(a)(i), the division shall verify with the Bureau of Criminal
433     Identification that the individual holds a valid permit described in Subsection (4)(a)(ii).
434          (5) A regular license certificate, limited-term license certificate, or commercial driver
435     license that includes an individual's concealed firearm permit number shall expire no later than
436     five years after the day on which the certificate or license is issued.
437          [(4)] (6) (a) The division shall include or affix an invisible condition identification
438     symbol on an individual's regular license certificate, limited-term license certificate, or driving
439     privilege card if the individual or the individual's authorized guardian, on a form prescribed by
440     the department:
441          (i) requests the division to include the invisible condition identification symbol;
442          (ii) provides written verification from a health care professional that the individual is
443     an individual with an invisible condition; and
444          (iii) signs a waiver of liability for the release of any medical information to:
445          (A) the department;
446          (B) any person who has access to the individual's medical information as recorded on
447     the individual's driving record or the Utah Criminal Justice Information System under this
448     chapter;
449          (C) any other person who may view or receive notice of the individual's medical
450     information by seeing the individual's regular license certificate, limited-term license
451     certificate, or driving privilege card or the individual's information in the Utah Criminal Justice
452     Information System;
453          (D) a local law enforcement agency that receives a copy of the form described in this
454     Subsection [(4)(a)] (6)(a) and enters the contents of the form into the local law enforcement
455     agency's record management system or computer-aided dispatch system; and
456          (E) a dispatcher who accesses the information regarding the individual's invisible
457     condition through the use of a local law enforcement agency's record management system or
458     computer-aided dispatch system.
459          (b) As part of the form described in Subsection [(4)(a)] (6)(a), the department shall

460     advise the individual or the individual's authorized guardian that by submitting the signed
461     waiver, the individual or the individual's authorized guardian consents to the release of the
462     individual's medical information to any person described in Subsections [(4)(a)(iii)(A) through
463     (E)] (6)(a)(iii)(A) through (E), even if the person is otherwise ineligible to access the
464     individual's medical information under state or federal law.
465          (c) The division may not:
466          (i) charge a fee to include the invisible condition identification symbol on the
467     individual's regular license certificate, limited-term license certificate, or driving privilege card;
468     or
469          (ii) after including the invisible condition identification symbol on the individual's
470     previously issued regular license certificate, limited-term license certificate, or driving
471     privilege card, require the individual to provide subsequent written verification described in
472     Subsection [(4)(a)(ii)] (6)(a)(ii) to include the invisible condition identification symbol on the
473     individual's renewed or extended regular license certificate, limited-term license certificate, or
474     driving privilege card.
475          (d) The division shall confirm with the Division of Professional Licensing that the
476     health care professional described in Subsection [(4)(a)(ii)] (6)(a)(ii) holds a current state
477     license.
478          (e) The inclusion of an invisible condition identification symbol on an individual's
479     license certificate, limited-term license certificate, or driving privilege card in accordance with
480     Subsection [(4)(a)] (6)(a) does not confer any legal rights or privileges on the individual,
481     including parking privileges for individuals with disabilities under Section 41-1a-414.
482          (f) For each individual issued a regular license certificate, limited-term license
483     certificate, or driving privilege card under this section that includes an invisible condition
484     identification symbol, the division shall include in the division's database a brief description of
485     the nature of the individual's invisible condition in the individual's record and provide the brief
486     description to the Utah Criminal Justice Information System.
487          (g) Except as provided in this section, the division may not release the information
488     described in Subsection [(4)(f)] (6)(f).
489          (h) Within 30 days after the day on which the division receives an individual's or the
490     individual's authorized guardian's written request, the division shall:

491          (i) remove from the individual's record in the division's database the invisible condition
492     identification symbol and the brief description described in Subsection [(4)(f)] (6)(f); and
493          (ii) provide the individual's updated record to the Utah Criminal Justice Information
494     System.
495          [(5)] (7) As provided in Section 63G-2-302, the information described in Subsection
496     [(4)(a)] (6)(a) is a private record for purposes of Title 63G, Chapter 2, Government Records
497     Access and Management Act.
498          [(6)] (8) (a) (i) The division, upon determining after an examination that an applicant is
499     mentally and physically qualified to be granted a driving privilege, may issue to an applicant a
500     receipt for the fee if the applicant is eligible for a regular license certificate or limited-term
501     license certificate.
502          (ii) (A) The division shall issue a temporary regular license certificate or temporary
503     limited-term license certificate allowing the individual to drive a motor vehicle while the
504     division is completing the division's investigation to determine whether the individual is
505     entitled to be granted a driving privilege.
506          (B) A temporary regular license certificate or a temporary limited-term license
507     certificate issued under this Subsection [(6)] (8) shall be recognized and have the same rights
508     and privileges as a regular license certificate or a limited-term license certificate.
509          (b) The temporary regular license certificate or temporary limited-term license
510     certificate shall be in the individual's immediate possession while driving a motor vehicle, and
511     the temporary regular license certificate or temporary limited-term license certificate is invalid
512     when the individual's regular license certificate or limited-term license certificate has been
513     issued or when, for good cause, the privilege has been refused.
514          (c) The division shall indicate on the temporary regular license certificate or temporary
515     limited-term license certificate a date after which the temporary regular license certificate or
516     temporary limited-term license certificate is not valid as a temporary license.
517          (d) (i) Except as provided in Subsection [(6)(d)(ii)] (8)(d)(ii), the division may not
518     issue a temporary driving privilege card or other temporary permit to an applicant for a driving
519     privilege card.
520          (ii) The division may issue a learner permit issued in accordance with Section
521     53-3-210.5 to an applicant for a driving privilege card.

522          [(7)] (9) (a) The division shall distinguish learner permits, temporary permits, regular
523     license certificates, limited-term license certificates, and driving privilege cards issued to any
524     individual younger than 21 years old by use of plainly printed information or the use of a color
525     or other means not used for other regular license certificates, limited-term license certificates,
526     or driving privilege cards.
527          (b) The division shall distinguish a regular license certificate, limited-term license
528     certificate, or driving privilege card issued to an individual younger than 21 years old by use of
529     a portrait-style format not used for other regular license certificates, limited-term license
530     certificates, or driving privilege cards and by plainly printing the date the regular license
531     certificate, limited-term license certificate, or driving privilege card holder is 21 years old.
532          [(8)] (10) The division shall distinguish a limited-term license certificate by clearly
533     indicating on the document:
534          (a) that the limited-term license certificate is temporary; and
535          (b) the limited-term license certificate's expiration date.
536          [(9)] (11) (a) The division shall only issue a driving privilege card to an individual
537     whose privilege was obtained without providing evidence of lawful presence in the United
538     States as required under Subsection 53-3-205(8).
539          (b) The division shall distinguish a driving privilege card from a license certificate by:
540          (i) use of a format, color, font, or other means; and
541          (ii) clearly displaying on the front of the driving privilege card a phrase substantially
542     similar to "FOR DRIVING PRIVILEGES ONLY -- NOT VALID FOR IDENTIFICATION".
543          [(10)] (12) The provisions of Subsection [(7)(b)] (9)(b) do not apply to a learner
544     permit, temporary permit, temporary regular license certificate, temporary limited-term license
545     certificate, or any other temporary permit.
546          [(11)] (13) The division shall issue temporary license certificates of the same nature,
547     except as to duration, as the license certificates that they temporarily replace, as are necessary
548     to implement applicable provisions of this section and Section 53-3-223.
549          [(12)] (14) (a) A governmental entity may not accept a driving privilege card as proof
550     of personal identification.
551          (b) A driving privilege card may not be used as a document providing proof of an
552     individual's age for any government required purpose.

553          [(13)] (15) An individual who violates Subsection (2)(b) is guilty of an infraction.
554          [(14)] (16) Unless otherwise provided, the provisions, requirements, classes,
555     endorsements, fees, restrictions, and sanctions under this code apply to a:
556          (a) driving privilege in the same way as a license or limited-term license issued under
557     this chapter; and
558          (b) limited-term license certificate or driving privilege card in the same way as a
559     regular license certificate issued under this chapter.
560          Section 4. Section 53-3-214 is amended to read:
561          53-3-214. Renewal -- Fees required -- Extension without examination.
562          (1) (a) The holder of a valid license may renew the holder's license and any
563     endorsement to the license by applying:
564          (i) at any time within six months before the license expires; or
565          (ii) more than six months prior to the expiration date if the applicant furnishes proof
566     that the applicant will be absent from the state during the six-month period prior to the
567     expiration of the license.
568          (b) The application for a renewal of, extension of, or any endorsement to a license shall
569     be accompanied by a fee under Section 53-3-105.
570          (2) (a) Except as provided under Subsections (2)(b) and (3), upon application for
571     renewal of a regular license certificate, provisional license, and any endorsement to a regular
572     license certificate, the division shall reexamine each applicant as if for an original license and
573     endorsement to the license, if applicable.
574          (b) Except as provided under Subsection (2)(c), upon application for renewal of a
575     limited-term license certificate, limited-term provisional license certificate, and any
576     endorsement to a limited-term license certificate, the division shall:
577          (i) reexamine each applicant as if for an original limited-term license certificate and
578     endorsement to the limited-term license certificate, if applicable; and
579          (ii) verify through valid documentary evidence that the status by which the individual
580     originally qualified for the limited-term license certificate has been extended by the United
581     States Citizenship and Immigration Services or other authorized agency of the United States
582     Department of Homeland Security.
583          (c) The division may waive any or all portions of the test designed to demonstrate the

584     applicant's ability to exercise ordinary and reasonable control driving a motor vehicle.
585          (3) (a) (i) Except as provided under Subsections [(3)(b) and (c)] (3)(b) through (d), the
586     division may renew or extend a regular license certificate or any endorsement to the regular
587     license certificate for eight years without examination for licensees whose driving records for
588     the eight years immediately preceding the determination of eligibility for extension show:
589          (A) no suspensions;
590          (B) no revocations;
591          (C) no conviction for reckless driving under Section 41-6a-528; and
592          (D) no more than six reportable violations in the preceding eight years.
593          (ii) Except as provided under Subsections (3)(b) and (c), the division may renew or
594     extend a provisional license and any endorsement to a provisional license for eight years
595     without examination for licensees whose driving records for the five years immediately
596     preceding the determination of eligibility for extension show:
597          (A) no suspensions;
598          (B) no revocations;
599          (C) no conviction for reckless driving under Section 41-6a-528; and
600          (D) no more than four reportable violations in the preceding five years.
601          (iii) Except as provided under Subsections (3)(b) and (c), the division may renew or
602     extend a limited term license and any endorsement to a limited term license for five years
603     without examination for licensees whose driving records for the five years immediately
604     preceding the determination of eligibility for extension show:
605          (A) no suspensions;
606          (B) no revocations;
607          (C) no conviction for reckless driving under Section 41-6a-528; and
608          (D) no more than four reportable violations in the preceding five years.
609          (b) Except as provided in Subsection [(3)(g)] (3)(h), after the expiration of a regular
610     license certificate, a new regular license certificate and any endorsement to a regular license
611     certificate may not be issued until the person has again passed the tests under Section 53-3-206
612     and paid the required fee.
613          (c) After the expiration of a limited-term license certificate, a new limited-term license
614     certificate and any endorsement to a limited-term license certificate may not be issued until the

615     person has:
616          (i) again passed the tests under Section 53-3-206 and paid the required fee; and
617          (ii) presented documentary evidence that the status by which the individual originally
618     qualified for the limited-term license certificate has been extended by the United States
619     Citizenship and Immigration Services or other authorized agency of the United States
620     Department of Homeland Security.
621          (d) A regular license certificate, limited-term license certificate, or commercial driver
622     license that includes an individual's concealed firearm permit number shall expire no later than
623     five years after the day on which the certificate or license is issued.
624          [(d)] (e) A person 65 years of age or older shall take and pass the eye examination
625     specified in Section 53-3-206.
626          [(e)] (f) An extension may not be granted to [any person] an individual who:
627          (i) [who] is identified by the division as having a medical impairment that may
628     represent a hazard to public safety;
629          (ii) [holding] holds a CDL or limited-term CDL issued under Part 4, Uniform
630     Commercial Driver License Act;
631          (iii) [who is holding] holds a limited-term license certificate; [or]
632          (iv) [who is holding] holds a driving privilege card issued in accordance with Section
633     53-3-207[.]; or
634          (v) holds a regular license certificate, limited-term license certificate, or commercial
635     driver license that includes an individual's concealed firearm permit number under Section
636     53-3-207.
637          [(f)] (g) The division shall allow extensions:
638          (i) by mail, electronic means, or other means as determined by the division at the
639     appropriate extension fee rate under Section 53-3-105;
640          (ii) only if the applicant qualifies under this section; and
641          (iii) for only one extension.
642          [(g)] (h) The division may waive any or all portions of the test designed to demonstrate
643     the applicant's ability to exercise ordinary and reasonable control driving a motor vehicle.
644          (4) In accordance with this section, the division shall coordinate with the Department
645     of Corrections in providing an inmate with access to a driver license certificate as described in

646     Section 64-13-10.6.
647          Section 5. Section 53-3-805 is amended to read:
648          53-3-805. Identification card -- Contents -- Specifications.
649          (1) As used in this section:
650          (a) "Authorized guardian" means the same as that term is defined in Section 53-3-207.
651          (b) "Health care professional" means the same as that term is defined in Section
652     53-3-207.
653          (c) "Invisible condition" means the same as that term is defined in Section 53-3-207.
654          (d) "Invisible condition identification symbol" means the same as that term is defined
655     in Section 53-3-207.
656          (2) (a) The division shall issue an identification card that bears:
657          (i) the distinguishing number assigned to the individual by the division;
658          (ii) the name, birth date, and Utah residence address of the individual;
659          (iii) a brief description of the individual for the purpose of identification;
660          (iv) a photograph of the individual;
661          (v) a photograph or other facsimile of the individual's signature;
662          (vi) an indication whether the individual intends to make an anatomical gift under Title
663     26B, Chapter 8, Part 3, Revised Uniform Anatomical Gift Act; and
664          (vii) if the individual states that the individual is a veteran of the United States military
665     on the application for an identification card in accordance with Section 53-3-804 and provides
666     verification that the individual received an honorable or general discharge from the United
667     States Armed Forces, an indication that the individual is a United States military veteran for a
668     regular identification card or a limited-term identification card issued on or after July 1, 2011.
669          (b) An identification card issued by the division may not bear the individual's social
670     security number or place of birth.
671          (3) (a) The card shall be of an impervious material, resistant to wear, damage, and
672     alteration.
673          (b) Except as provided under Section 53-3-806, the size, form, and color of the card is
674     prescribed by the commissioner.
675          (4) (a) The division shall include an individual's concealed firearm permit number on
676     the individual's identification card if the individual:

677          (i) requests that the division include the information;
678          (ii) holds a valid concealed firearm permit under Title 53, Chapter 5, Part 7, Concealed
679     Firearm Act; and
680          (iii) consents, in writing, to the Bureau of Criminal Identification providing the
681     division with:
682          (A) the verification described in Subsection (4)(b); and
683          (B) the individual's concealed firearm permit number.
684          (b) Within fourteen days after the day on which the individual makes the request
685     described in Subsection (4)(a)(i), the division shall verify with the Bureau of Criminal
686     Identification that the individual holds a valid permit described in Subsection (4)(a)(ii).
687          [(4)] (5) At the applicant's request, the card may include a statement that the applicant
688     has a special medical problem or allergies to certain drugs, for the purpose of medical
689     treatment.
690          [(5)] (6) (a) The division shall include or affix an invisible condition identification
691     symbol on an individual's identification card if the individual or the individual's authorized
692     guardian, on a form prescribed by the department:
693          (i) requests the division to include the invisible condition identification symbol;
694          (ii) provides written verification from a health care professional that the individual is
695     an individual with an invisible condition; and
696          (iii) submits a signed waiver of liability for the release of any medical information to:
697          (A) the department;
698          (B) any person who has access to the individual's medical information as recorded on
699     the individual's driving record or the Utah Criminal Justice Information System under this
700     chapter;
701          (C) any other person who may view or receive notice of the individual's medical
702     information by seeing the individual's identification card or the individual's information in the
703     Utah Criminal Justice Information System;
704          (D) a local law enforcement agency that receives a copy of the form described in this
705     Subsection [(5)(a)] (6)(a) and enters the contents of the form into the local law enforcement
706     agency's record management system or computer-aided dispatch system; and
707          (E) a dispatcher who accesses the information regarding the individual's invisible

708     condition through the use of a local law enforcement agency's record management system or
709     computer-aided dispatch system.
710          (b) As part of the form described in Subsection [(5)(a)] (6)(a), the department shall
711     advise the individual or the individual's authorized guardian that by submitting the request and
712     signed waiver, the individual or the individual's authorized guardian consents to the release of
713     the individual's medical information to any person described in Subsection [(5)(a)(iii)]
714     (6)(a)(iii), even if the person is otherwise ineligible to access the individual's medical
715     information under state or federal law.
716          (c) The division may not:
717          (i) charge a fee to include the invisible condition identification symbol on the
718     individual's identification card; or
719          (ii) after including the invisible condition identification symbol on the individual's
720     previously issued identification card, require the individual to provide subsequent written
721     verification described in Subsection [(5)(a)(ii)] (6)(a)(ii) to include the invisible condition
722     identification symbol on the individual's extended identification card.
723          (d) The division shall confirm with the Division of Professional Licensing that the
724     health care professional described in Subsection [(5)(a)(ii)] (6)(a)(ii) holds a current state
725     license.
726          (e) The inclusion of an invisible condition identification symbol on an individual's
727     identification card in accordance with Subsection [(5)(a)] (6)(a) does not confer any legal rights
728     or privileges on the individual, including parking privileges for individuals with disabilities
729     under Section 41-1a-414.
730          (f) For each individual issued an identification card under this section that includes an
731     invisible condition identification symbol, the division shall include in the division's database a
732     brief description of the nature of the individual's invisible condition in the individual's record
733     and provide the brief description to the Utah Criminal Justice Information System.
734          (g) Except as provided in this section, the division may not release the information
735     described in Subsection [(5)(f)] (6)(f).
736          (h) Within 30 days after the day on which the division receives an individual's or the
737     individual's authorized guardian's written request, the division shall:
738          (i) remove from the individual's record in the division's database the invisible condition

739     identification symbol and the brief description described in Subsection [(5)(f)] (6)(f); and
740          (ii) provide the individual's updated record to the Utah Criminal Justice Information
741     System.
742          [(6)] (7) As provided in Section 63G-2-302, the information described in Subsection
743     [(5)(a)] (6)(a) is a private record for purposes of Title 63G, Chapter 2, Government Records
744     Access and Management Act.
745          [(7)] (8) (a) The indication of intent under Subsection 53-3-804(2)(j) shall be
746     authenticated by the applicant in accordance with division rule.
747          (b) (i) Notwithstanding Title 63G, Chapter 2, Government Records Access and
748     Management Act, the division may, upon request, release to an organ procurement
749     organization, as defined in Section 26B-8-301, the names and addresses of all individuals who
750     under Subsection 53-3-804(2)(j) indicate that they intend to make an anatomical gift.
751          (ii) An organ procurement organization may use released information only to:
752          (A) obtain additional information for an anatomical gift registry; and
753          (B) inform applicants of anatomical gift options, procedures, and benefits.
754          [(8)] (9) Notwithstanding Title 63G, Chapter 2, Government Records Access and
755     Management Act, the division may release to the Department of Veterans and Military Affairs
756     the names and addresses of all individuals who indicate their status as a veteran under
757     Subsection 53-3-804(2)(l).
758          [(9)] (10) The division and the division's employees are not liable, as a result of false or
759     inaccurate information provided under Subsection 53-3-804(2)(j) or (l), for direct or indirect:
760          (a) loss;
761          (b) detriment; or
762          (c) injury.
763          [(10)] (11) (a) The division may issue a temporary regular identification card to an
764     individual while the individual obtains the required documentation to establish verification of
765     the information described in Subsections 53-3-804(2)(a), (b), (c), (d), and (i)(i).
766          (b) A temporary regular identification card issued under this Subsection [(10)] (11)
767     shall be recognized and grant the individual the same privileges as a regular identification card.
768          (c) A temporary regular identification card issued under this Subsection [(10)] (11) is
769     invalid:

770          (i) when the individual's regular identification card has been issued;
771          (ii) when, for good cause, an applicant's application for a regular identification card has
772     been refused; or
773          (iii) upon expiration of the temporary regular identification card.
774          (d) The division shall coordinate with the Department of Corrections in providing an
775     inmate with a temporary regular identification card as described in Section 64-13-10.6.
776          Section 6. Section 53-5-708 is amended to read:
777          53-5-708. Permit -- Names private.
778          (1) (a) The bureau shall maintain a record [in its office of any] of a permit issued under
779     this part.
780          (b) Notwithstanding the requirements of Subsection 63G-2-301(2)(b), the names,
781     addresses, telephone numbers, dates of birth, and Social Security numbers of persons receiving
782     permits are protected records under Subsection 63G-2-305(11).
783          (c) The bureau may share necessary records to confirm that the individual holds a valid
784     concealed firearm permit and provide an individual's concealed firearm permit number if the
785     bureau receives from the Driver License Division a request and consent described in
786     Subsection 53-3-207(4) or 53-3-805(4).
787          [(c)] (d) Notwithstanding Section 63G-2-206, a person may not share any of the
788     information listed in Subsection (1)(b) with any office, department, division, or other agency of
789     the federal government unless:
790          (i) the disclosure is necessary to conduct a criminal background check on the
791     individual who is the subject of the information;
792          (ii) the disclosure of information is made pursuant to a court order directly associated
793     with an active investigation or prosecution of the individual who is the subject of the
794     information;
795          (iii) the disclosure is made to a criminal justice agency in a criminal investigation or
796     prosecution;
797          (iv) the disclosure is made by a law enforcement agency within the state to another law
798     enforcement agency in the state or in another state in connection with an investigation,
799     including a preliminary investigation, or a prosecution of the individual who is the subject of
800     the information;

801          (v) the disclosure is made by a law enforcement agency within the state to an employee
802     of a federal law enforcement agency in the course of a combined law enforcement effort
803     involving the law enforcement agency within the state and the federal law enforcement agency;
804     or
805          (vi) the disclosure is made in response to a routine request that a federal law
806     enforcement officer makes to obtain information on an individual whom the federal law
807     enforcement officer detains, including for a traffic stop, or questions because of the individual's
808     suspected violation of state law.
809          [(d)] (e) A person is guilty of a class A misdemeanor if the person knowingly:
810          (i) discloses information listed in Subsection (1)(b) in violation of the provisions under
811     Title 63G, Chapter 2, Government Records Access and Management Act, applicable to
812     protected records; or
813          (ii) shares information in violation of Subsection [(1)(c)] (1)(d).
814          [(e)] (f) (i) As used in this Subsection [(1)(e)] (1)(f), "governmental agency" means:
815          (A) the state or any department, division, agency, or other instrumentality of the state;
816     or
817          (B) a political subdivision of the state, including a county, city, town, school district,
818     special district, and special service district.
819          (ii) A governmental agency may not compel or attempt to compel an individual who
820     has been issued a concealed firearm permit to divulge whether the individual:
821          (A) has been issued a concealed firearm permit; or
822          (B) is carrying a concealed firearm.
823          (iii) Subsection [(1)(e)(ii)] (1)(f)(ii) does not apply to a law enforcement officer.
824          (2) The bureau shall immediately file a copy of each permit it issues under this part.
825          Section 7. Section 76-10-526 is amended to read:
826          76-10-526. Criminal background check prior to purchase of a firearm -- Fee --
827     Exemption for concealed firearm permit holders and law enforcement officers.
828          (1) For purposes of this section, "valid permit to carry a concealed firearm" does not
829     include a temporary permit issued under Section 53-5-705.
830          (2) (a) To establish personal identification and residence in this state for purposes of
831     this part, a dealer shall require an individual receiving a firearm to present one photo

832     identification on a form issued by a governmental agency of the state.
833          (b) A dealer may not accept a driving privilege card issued under Section 53-3-207 as
834     proof of identification for the purpose of establishing personal identification and residence in
835     this state as required under this Subsection (2).
836          (3) (a) A criminal history background check is required for the sale of a firearm by a
837     licensed firearm dealer in the state.
838          (b) Subsection (3)(a) does not apply to the sale of a firearm to a Federal Firearms
839     Licensee.
840          (4) (a) An individual purchasing a firearm from a dealer shall consent in writing to a
841     criminal background check, on a form provided by the bureau.
842          (b) The form shall contain the following information:
843          (i) the dealer identification number;
844          (ii) the name and address of the individual receiving the firearm;
845          (iii) the date of birth, height, weight, eye color, and hair color of the individual
846     receiving the firearm; and
847          (iv) the social security number or any other identification number of the individual
848     receiving the firearm.
849          (5) (a) The dealer shall send the information required by Subsection (4) to the bureau
850     immediately upon its receipt by the dealer.
851          (b) A dealer may not sell or transfer a firearm to an individual until the dealer has
852     provided the bureau with the information in Subsection (4) and has received approval from the
853     bureau under Subsection (7).
854          (6) The dealer shall make a request for criminal history background information by
855     telephone or other electronic means to the bureau and shall receive approval or denial of the
856     inquiry by telephone or other electronic means.
857          (7) When the dealer calls for or requests a criminal history background check, the
858     bureau shall:
859          (a) review the criminal history files, including juvenile court records, and the
860     temporary restricted file created under Section 53-5c-301, to determine if the individual is
861     prohibited from purchasing, possessing, or transferring a firearm by state or federal law;
862          (b) inform the dealer that:

863          (i) the records indicate the individual is prohibited; or
864          (ii) the individual is approved for purchasing, possessing, or transferring a firearm;
865          (c) provide the dealer with a unique transaction number for that inquiry; and
866          (d) provide a response to the requesting dealer during the call for a criminal
867     background check, or by return call, or other electronic means, without delay, except in case of
868     electronic failure or other circumstances beyond the control of the bureau, the bureau shall
869     advise the dealer of the reason for the delay and give the dealer an estimate of the length of the
870     delay.
871          (8) (a) The bureau may not maintain any records of the criminal history background
872     check longer than 20 days from the date of the dealer's request, if the bureau determines that
873     the individual receiving the firearm is not prohibited from purchasing, possessing, or
874     transferring the firearm under state or federal law.
875          (b) However, the bureau shall maintain a log of requests containing the dealer's federal
876     firearms number, the transaction number, and the transaction date for a period of 12 months.
877          (9) (a) If the criminal history background check discloses information indicating that
878     the individual attempting to purchase the firearm is prohibited from purchasing, possessing, or
879     transferring a firearm, the bureau shall:
880          (i) within 24 hours after determining that the purchaser is prohibited from purchasing,
881     possessing, or transferring a firearm, notify the law enforcement agency in the jurisdiction
882     where the dealer is located; and
883          (ii) inform the law enforcement agency in the jurisdiction where the individual resides.
884          (b) Subsection (9)(a) does not apply to an individual prohibited from purchasing a
885     firearm solely due to placement on the temporary restricted list under Section 53-5c-301.
886          (c) A law enforcement agency that receives information from the bureau under
887     Subsection (9)(a) shall provide a report before August 1 of each year to the bureau that
888     includes:
889          (i) based on the information the bureau provides to the law enforcement agency under
890     Subsection (9)(a), the number of cases that involve an individual who is prohibited from
891     purchasing, possessing, or transferring a firearm as a result of a conviction for an offense
892     involving domestic violence; and
893          (ii) of the cases described in Subsection (9)(c)(i):

894          (A) the number of cases the law enforcement agency investigates; and
895          (B) the number of cases the law enforcement agency investigates that result in a
896     criminal charge.
897          (d) The bureau shall:
898          (i) compile the information from the reports described in Subsection (9)(c);
899          (ii) omit or redact any identifying information in the compilation; and
900          (iii) submit the compilation to the Law Enforcement and Criminal Justice Interim
901     Committee before November 1 of each year.
902          (10) If an individual is denied the right to purchase a firearm under this section, the
903     individual may review the individual's criminal history information and may challenge or
904     amend the information as provided in Section 53-10-108.
905          (11) The bureau shall make rules in accordance with Title 63G, Chapter 3, Utah
906     Administrative Rulemaking Act, to ensure the identity, confidentiality, and security of all
907     records provided by the bureau under this part are in conformance with the requirements of the
908     Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).
909          (12) (a) A dealer shall collect a criminal history background check fee for the sale of a
910     firearm under this section.
911          (b) The fee described under Subsection (12)(a) remains in effect until changed by the
912     bureau through the process described in Section 63J-1-504.
913          (c) (i) The dealer shall forward at one time all fees collected for criminal history
914     background checks performed during the month to the bureau by the last day of the month
915     following the sale of a firearm.
916          (ii) The bureau shall deposit the fees in the General Fund as dedicated credits to cover
917     the cost of administering and conducting the criminal history background check program.
918          (13) An individual with a concealed firearm permit issued under Title 53, Chapter 5,
919     Part 7, Concealed Firearm Act, is exempt from the background check and corresponding fee
920     required in this section for the purchase of a firearm if, before purchasing the firearm:
921          (a) the individual presents to the dealer:
922          (i) the individual's concealed firearm permit [to the dealer prior to purchase of the
923     firearm]; or
924          (ii) the individual's driver license, term-limited license, commercial driver license, or

925     identification card that displays the individual's concealed firearm permit number; and
926          (b) the dealer verifies with the bureau that the individual's concealed firearm permit is
927     valid.
928          (14) (a) A law enforcement officer, as defined in Section 53-13-103, is exempt from
929     the background check fee required in this section for the purchase of a personal firearm to be
930     carried while off-duty if the law enforcement officer verifies current employment by providing
931     a letter of good standing from the officer's commanding officer and current law enforcement
932     photo identification.
933          (b) Subsection (14)(a) may only be used by a law enforcement officer to purchase a
934     personal firearm once in a 24-month period.
935          (15) A dealer engaged in the business of selling, leasing, or otherwise transferring a
936     firearm shall:
937          (a) make the firearm safety brochure described in Subsection 26B-5-211(3) available to
938     a customer free of charge; and
939          (b) at the time of purchase, distribute a cable-style gun lock provided to the dealer
940     under Subsection 26B-5-211(3) to a customer purchasing a shotgun, short barreled shotgun,
941     short barreled rifle, rifle, or another firearm that federal law does not require be accompanied
942     by a gun lock at the time of purchase.
943          Section 8. Effective date.
944          This bill takes effect on May 1, 2024.