Utah 2023 Regular Session

Utah House Bill HB0483 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	H.B. 483
2	2	LEGISLATIVE GENERAL COUNSEL
3	3	6 Approved for Filing: K.P. Gasser 6
4	4	6 02-15-23 1:51 PM 6
5	5	H.B. 483
6	6	1 HEALTH EVALUATI ONS FOR DRIVING AMENDMENTS
7	7	2 2023 GENERAL SESSION
8	8	3 STATE OF UTAH
9	9	4 Chief Sponsor: Raymond P. Ward
10	10	5 Senate Sponsor: ____________
11	11	6
12	12	7LONG TITLE
13	13	8General Description:
14	14	9 This bill requires the Driver License Division to disclose the purpose and ramifications
15	15	10of health-related questions on a driver license application.
16	16	11Highlighted Provisions:
17	17	12 This bill:
18	18	13 <prohibits the Driver License Division from including questions on a driver license
19	19	14application that pertain to health conditions that are unlikely to impact the
20	20	15applicant's fitness to operate a motor vehicle; and
21	21	16 <requires the Driver License Division to include a statement with each question on
22	22	17the driver license application pertaining to a medical condition indicating that the
23	23	18applicant may be subject to regular evaluations of the medical condition to ensure
24	24	19fitness to operate a motor vehicle.
25	25	20Money Appropriated in this Bill:
26	26	21 None
27	27	22Other Special Clauses:
28	28	23 None
29	29	24Utah Code Sections Affected:
30	30	25AMENDS:
31	31	26 53-3-205, as last amended by Laws of Utah 2022, Chapter 46
32	32	27
33	33	HB0483 H.B. 483 02-15-23 1:51 PM
34	34	- 2 -
35	35	28Be it enacted by the Legislature of the state of Utah:
36	36	29 Section 1. Section 53-3-205 is amended to read:
37	37	30 53-3-205. Application for license or endorsement -- Fee required -- Tests --
38	38	31Expiration dates of licenses and endorsements -- Information required -- Previous
39	39	32licenses surrendered -- Driving record transferred from other states -- Reinstatement --
40	40	33Fee required -- License agreement.
41	41	34 (1) An application for an original license, provisional license, or endorsement shall be:
42	42	35 (a) made upon a form furnished by the division; and
43	43	36 (b) accompanied by a nonrefundable fee set under Section 53-3-105.
44	44	37 (2) An application and fee for an original provisional class D license or an original
45	45	38class D license entitle the applicant to:
46	46	39 (a) not more than three attempts to pass both the knowledge and the skills tests for a
47	47	40class D license within six months after the date of the application;
48	48	41 (b) a learner permit if needed pending completion of the application and testing
49	49	42process; and
50	50	43 (c) an original class D license and license certificate after all tests are passed and
51	51	44requirements are completed.
52	52	45 (3) An application and fee for a motorcycle or taxicab endorsement entitle the
53	53	46applicant to:
54	54	47 (a) not more than three attempts to pass both the knowledge and skills tests within six
55	55	48months after the date of the application;
56	56	49 (b) a motorcycle learner permit after the motorcycle knowledge test is passed; and
57	57	50 (c) a motorcycle or taxicab endorsement when all tests are passed.
58	58	51 (4) An application for a commercial class A, B, or C license entitles the applicant to:
59	59	52 (a) not more than two attempts to pass a knowledge test when accompanied by the fee
60	60	53provided in Subsection 53-3-105(18);
61	61	54 (b) not more than two attempts to pass a skills test when accompanied by a fee in
62	62	55Subsection 53-3-105(19) within six months after the date of application;
63	63	56 (c) both a commercial driver instruction permit and a temporary license permit for the
64	64	57license class held before the applicant submits the application if needed after the knowledge
65	65	58test is passed; and 02-15-23 1:51 PM H.B. 483
66	66	- 3 -
67	67	59 (d) an original commercial class A, B, or C license and license certificate when all
68	68	60applicable tests are passed.
69	69	61 (5) An application and fee for a CDL endorsement entitle the applicant to:
70	70	62 (a) not more than two attempts to pass a knowledge test and not more than two
71	71	63attempts to pass a skills test within six months after the date of the application; and
72	72	64 (b) a CDL endorsement when all tests are passed.
73	73	65 (6) (a) If a CDL applicant does not pass a knowledge test, skills test, or an endorsement
74	74	66test within the number of attempts provided in Subsection (4) or (5), each test may be taken
75	75	67two additional times within the six months for the fee provided in Section 53-3-105.
76	76	68 (b) (i) An out-of-state resident who holds a valid CDIP issued by a state or jurisdiction
77	77	69that is compliant with 49 C.F.R. Part 383 may take a skills test administered by the division if
78	78	70the out-of-state resident pays the fee provided in Subsection 53-3-105(19).
79	79	71 (ii) The division shall:
80	80	72 (A) electronically transmit skills test results for an out-of-state resident to the licensing
81	81	73agency in the state or jurisdiction in which the out-of-state resident has obtained a valid CDIP;
82	82	74and
83	83	75 (B) provide the out-of-state resident with documentary evidence upon successful
84	84	76completion of the skills test.
85	85	77 (7) (a) (i) Except as provided under Subsections (7)(a)(ii), (f), and (g), an original class
86	86	78D license expires on the birth date of the applicant in the eighth year after the year the license
87	87	79certificate was issued.
88	88	80 (ii) An original provisional class D license expires on the birth date of the applicant in
89	89	81the fifth year following the year the license certificate was issued.
90	90	82 (iii) Except as provided in Subsection (7)(f), a limited term class D license expires on
91	91	83the birth date of the applicant in the fifth year the license certificate was issued.
92	92	84 (b) Except as provided under Subsections (7)(f) and (g), a renewal or an extension to a
93	93	85license expires on the birth date of the licensee in the eighth year after the expiration date of the
94	94	86license certificate renewed or extended.
95	95	87 (c) Except as provided under Subsections (7)(f) and (g), a duplicate license expires on
96	96	88the same date as the last license certificate issued.
97	97	89 (d) An endorsement to a license expires on the same date as the license certificate H.B. 483 02-15-23 1:51 PM
98	98	- 4 -
99	99	90regardless of the date the endorsement was granted.
100	100	91 (e) (i) A regular license certificate and an endorsement to the regular license certificate
101	101	92held by an individual described in Subsection (7)(e)(ii), that expires during the time period the
102	102	93individual is stationed outside of the state, is valid until 90 days after the individual's orders are
103	103	94terminated, the individual is discharged, or the individual's assignment is changed or
104	104	95terminated, unless:
105	105	96 (A) the license is suspended, disqualified, denied, or has been cancelled or revoked by
106	106	97the division; or
107	107	98 (B) the licensee updates the information or photograph on the license certificate.
108	108	99 (ii) The provisions in Subsection (7)(e)(i) apply to an individual:
109	109	100 (A) ordered to active duty and stationed outside of Utah in any of the armed forces of
110	110	101the United States;
111	111	102 (B) who is an immediate family member or dependent of an individual described in
112	112	103Subsection (7)(e)(ii)(A) and is residing outside of Utah;
113	113	104 (C) who is a civilian employee of the United States State Department or United States
114	114	105Department of Defense and is stationed outside of the United States; or
115	115	106 (D) who is an immediate family member or dependent of an individual described in
116	116	107Subsection (7)(e)(ii)(C) and is residing outside of the United States.
117	117	108 (f) (i) Except as provided in Subsection (7)(f)(ii), a limited-term license certificate or a
118	118	109renewal to a limited-term license certificate expires:
119	119	110 (A) on the expiration date of the period of time of the individual's authorized stay in
120	120	111the United States or on the date provided under this Subsection (7), whichever is sooner; or
121	121	112 (B) on the date of issuance in the first year following the year that the limited-term
122	122	113license certificate was issued if there is no definite end to the individual's period of authorized
123	123	114stay.
124	124	115 (ii) A limited-term license certificate or a renewal to a limited-term license certificate
125	125	116issued to an approved asylee or a refugee expires on the birth date of the applicant in the fifth
126	126	117year following the year that the limited-term license certificate was issued.
127	127	118 (g) A driving privilege card issued or renewed under Section 53-3-207 expires on the
128	128	119birth date of the applicant in the first year following the year that the driving privilege card was
129	129	120issued or renewed. 02-15-23 1:51 PM H.B. 483
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131	131	121 (8) (a) In addition to the information required by Title 63G, Chapter 4, Administrative
132	132	122Procedures Act, for requests for agency action, an applicant shall:
133	133	123 (i) provide:
134	134	124 (A) the applicant's full legal name;
135	135	125 (B) the applicant's birth date;
136	136	126 (C) the applicant's sex;
137	137	127 (D) (I) documentary evidence of the applicant's valid social security number;
138	138	128 (II) written proof that the applicant is ineligible to receive a social security number;
139	139	129 (III) the applicant's temporary identification number (ITIN) issued by the Internal
140	140	130Revenue Service for an individual who:
141	141	131 (Aa) does not qualify for a social security number; and
142	142	132 (Bb) is applying for a driving privilege card; or
143	143	133 (IV) other documentary evidence approved by the division;
144	144	134 (E) the applicant's Utah residence address as documented by a form or forms
145	145	135acceptable under rules made by the division under Section 53-3-104, unless the application is
146	146	136for a temporary CDL issued under Subsection 53-3-407(2)(b); and
147	147	137 (F) fingerprints and a photograph in accordance with Section 53-3-205.5 if the
148	148	138applicant is applying for a driving privilege card;
149	149	139 (ii) provide evidence of the applicant's lawful presence in the United States by
150	150	140providing documentary evidence:
151	151	141 (A) that the applicant is:
152	152	142 (I) a United States citizen;
153	153	143 (II) a United States national; or
154	154	144 (III) a legal permanent resident alien; or
155	155	145 (B) of the applicant's:
156	156	146 (I) unexpired immigrant or nonimmigrant visa status for admission into the United
157	157	147States;
158	158	148 (II) pending or approved application for asylum in the United States;
159	159	149 (III) admission into the United States as a refugee;
160	160	150 (IV) pending or approved application for temporary protected status in the United
161	161	151States; H.B. 483 02-15-23 1:51 PM
162	162	- 6 -
163	163	152 (V) approved deferred action status;
164	164	153 (VI) pending application for adjustment of status to legal permanent resident or
165	165	154conditional resident; or
166	166	155 (VII) conditional permanent resident alien status;
167	167	156 (iii) provide a description of the applicant;
168	168	157 (iv) state whether the applicant has previously been licensed to drive a motor vehicle
169	169	158and, if so, when and by what state or country;
170	170	159 (v) state whether the applicant has ever had a license suspended, cancelled, revoked,
171	171	160disqualified, or denied in the last 10 years, or whether the applicant has ever had a license
172	172	161application refused, and if so, the date of and reason for the suspension, cancellation,
173	173	162revocation, disqualification, denial, or refusal;
174	174	163 (vi) state whether the applicant intends to make an anatomical gift under Title 26,
175	175	164Chapter 28, Revised Uniform Anatomical Gift Act, in compliance with Subsection [(15);] (16);
176	176	165 (vii) state whether the applicant is required to register as a sex offender in accordance
177	177	166with Title 77, Chapter 41, Sex and Kidnap Offender Registry;
178	178	167 (viii) state whether the applicant is a veteran of the United States military, provide
179	179	168verification that the applicant was granted an honorable or general discharge from the United
180	180	169States Armed Forces, and state whether the applicant does or does not authorize sharing the
181	181	170information with the Department of Veterans and Military Affairs;
182	182	171 (ix) provide all other information the division requires; and
183	183	172 (x) sign the application which signature may include an electronic signature as defined
184	184	173in Section 46-4-102.
185	185	174 (b) Unless the applicant provides acceptable verification of homelessness as described
186	186	175in rules made by the division, an applicant shall have a Utah residence address, unless the
187	187	176application is for a temporary CDL issued under Subsection 53-3-407(2)(b).
188	188	177 (c) An applicant shall provide evidence of lawful presence in the United States in
189	189	178accordance with Subsection (8)(a)(ii), unless the application is for a driving privilege card.
190	190	179 (d) The division shall maintain on the division's computerized records an applicant's:
191	191	180 (i) (A) social security number;
192	192	181 (B) temporary identification number (ITIN); or
193	193	182 (C) other number assigned by the division if Subsection (8)(a)(i)(D)(IV) applies; and 02-15-23 1:51 PM H.B. 483
194	194	- 7 -
195	195	183 (ii) indication whether the applicant is required to register as a sex offender in
196	196	184accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry.
197	197	185 (9) The division shall require proof of an applicant's name, birth date, and birthplace by
198	198	186at least one of the following means:
199	199	187 (a) current license certificate;
200	200	188 (b) birth certificate;
201	201	189 (c) Selective Service registration; or
202	202	190 (d) other proof, including church records, family Bible notations, school records, or
203	203	191other evidence considered acceptable by the division.
204	204	192 (10) (a) Except as provided in Subsection (10)(c), if an applicant receives a license in a
205	205	193higher class than what the applicant originally was issued:
206	206	194 (i) the license application is treated as an original application; and
207	207	195 (ii) license and endorsement fees is assessed under Section 53-3-105.
208	208	196 (b) An applicant that receives a downgraded license in a lower license class during an
209	209	197existing license cycle that has not expired:
210	210	198 (i) may be issued a duplicate license with a lower license classification for the
211	211	199remainder of the existing license cycle; and
212	212	200 (ii) shall be assessed a duplicate license fee under Subsection 53-3-105(25) if a
213	213	201duplicate license is issued under Subsection (10)(b)(i).
214	214	202 (c) An applicant who has received a downgraded license in a lower license class under
215	215	203Subsection (10)(b):
216	216	204 (i) may, when eligible, receive a duplicate license in the highest class previously issued
217	217	205during a license cycle that has not expired for the remainder of the existing license cycle; and
218	218	206 (ii) shall be assessed a duplicate license fee under Subsection 53-3-105(25) if a
219	219	207duplicate license is issued under Subsection (10)(c)(i).
220	220	208 (11) (a) When an application is received from an applicant previously licensed in
221	221	209another state to drive a motor vehicle, the division shall request a copy of the driver's record
222	222	210from the other state.
223	223	211 (b) When received, the driver's record becomes part of the driver's record in this state
224	224	212with the same effect as though entered originally on the driver's record in this state.
225	225	213 (12) An application for reinstatement of a license after the suspension, cancellation, H.B. 483 02-15-23 1:51 PM
226	226	- 8 -
227	227	214disqualification, denial, or revocation of a previous license is accompanied by the additional
228	228	215fee or fees specified in Section 53-3-105.
229	229	216 (13) An individual who has an appointment with the division for testing and fails to
230	230	217keep the appointment or to cancel at least 48 hours in advance of the appointment shall pay the
231	231	218fee under Section 53-3-105.
232	232	219 (14) An applicant who applies for an original license or renewal of a license agrees that
233	233	220the individual's license is subject to a suspension or revocation authorized under this title or
234	234	221Title 41, Motor Vehicles.
235	235	222 (15) (a) The division may not require as part of the application for a license under this
236	236	223section that the applicant disclose any medical condition or information that would not impact
237	237	224the applicant's ability to safely operate a motor vehicle.
238	238	225 (b) For any question on an application for a license under this section pertaining to the
239	239	226applicant's medical condition, the division shall include a statement notifying the applicant that
240	240	227if the applicant has certain medical conditions, the applicant will be subject to regular medical
241	241	228evaluations to ensure fitness to operate a motor vehicle.
242	242	229 (c) The division shall ensure that the statement described in Subsection (15)(b) appears
243	243	230on the application before the questions pertaining to the applicant's health conditions.
244	244	231 [(15)] (16) (a) A licensee shall authenticate the indication of intent under Subsection
245	245	232(8)(a)(vi) in accordance with division rule.
246	246	233 (b) (i) Notwithstanding Title 63G, Chapter 2, Government Records Access and
247	247	234Management Act, the division may, upon request, release to an organ procurement
248	248	235organization, as defined in Section 26-28-102, the names and addresses of all applicants who,
249	249	236under Subsection (8)(a)(vi), indicate that they intend to make an anatomical gift.
250	250	237 (ii) An organ procurement organization may use released information only to:
251	251	238 (A) obtain additional information for an anatomical gift registry; and
252	252	239 (B) inform licensees of anatomical gift options, procedures, and benefits.
253	253	240 [(16)] (17) Notwithstanding Title 63G, Chapter 2, Government Records Access and
254	254	241Management Act, the division may release to the Department of Veterans and Military Affairs
255	255	242the names and addresses of all applicants who indicate their status as a veteran under
256	256	243Subsection (8)(a)(viii).
257	257	244 [(17)] (18) Notwithstanding Title 63G, Chapter 2, Government Records Access and 02-15-23 1:51 PM H.B. 483
258	258	- 9 -
259	259	245Management Act, the division shall, upon request, release to the Sex and Kidnap Offender
260	260	246Registry office in the Department of Corrections, the names and addresses of all applicants
261	261	247who, under Subsection (8)(a)(vii), indicate they are required to register as a sex offender in
262	262	248accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry.
263	263	249 [(18)] (19) The division and its employees are not liable, as a result of false or
264	264	250inaccurate information provided under Subsection (8)(a)(vi) or (viii), for direct or indirect:
265	265	251 (a) loss;
266	266	252 (b) detriment; or
267	267	253 (c) injury.
268	268	254 [(19)] (20) An applicant who knowingly fails to provide the information required under
269	269	255Subsection (8)(a)(vii) is guilty of a class A misdemeanor.
270	270	256 [(20)] (21) A person may not hold both an unexpired Utah license certificate and an
271	271	257unexpired identification card.
272	272	258 [(21)] (22) (a) An applicant who applies for an original motorcycle endorsement to a
273	273	259regular license certificate is exempt from the requirement to pass the knowledge and skills test
274	274	260to be eligible for the motorcycle endorsement if the applicant:
275	275	261 (i) is a resident of the state of Utah;
276	276	262 (ii) (A) is ordered to active duty and stationed outside of Utah in any of the armed
277	277	263forces of the United States; or
278	278	264 (B) is an immediate family member or dependent of an individual described in
279	279	265Subsection [(21)(a)(ii)(A)] (22)(a)(ii)(A) and is residing outside of Utah;
280	280	266 (iii) has a digitized driver license photo on file with the division;
281	281	267 (iv) provides proof to the division of the successful completion of a certified
282	282	268Motorcycle Safety Foundation rider training course; and
283	283	269 (v) provides the necessary information and documentary evidence required under
284	284	270Subsection (8).
285	285	271 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
286	286	272division shall make rules:
287	287	273 (i) establishing the procedures for an individual to obtain a motorcycle endorsement
288	288	274under this Subsection [(21)] (22); and
289	289	275 (ii) identifying the applicable restrictions for a motorcycle endorsement issued under H.B. 483 02-15-23 1:51 PM
290	290	- 10 -
291	291	276this Subsection [(21)] (22).