Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 342 First Substitute (2017GS)

Sponsor

Rep. Froerer, G.

Final action

House/ filed 3/9/2017

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• expands the list of persons who may make an anatomical gift of a decedent's body or part;
• makes an individual's indication of intent to make an anatomical gift valid until the individual withdraws intent;
• prohibits the Driver License Division from asking an individual to indicate again upon renewal of a driver license or identification card the individual's intent to make an anatomical gift; and
• makes technical changes.

Every vote on this bill

Bill text

UTAH ANATOMICAL GIFT ACT AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Gage Froerer
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill amends provisions regarding the Anatomical Gift Act.
Highlighted Provisions:
This bill:
▸ expands the list of persons who may make an anatomical gift of a decedent's body
or part;
▸ makes an individual's indication of intent to make an anatomical gift valid until the
individual withdraws intent;
▸ prohibits the Driver License Division from asking an individual to indicate again 
upon renewal of a driver license or identification card the individual's intent to make
an anatomical gift; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26-28-105
, as last amended by Laws of Utah 2011, Chapter 297
26-28-109
, as enacted by Laws of Utah 2007, Chapter 60
53-3-205
, as last amended by Laws of Utah 2016, Chapter 175
53-3-805
, as last amended by Laws of Utah 2014, Chapters 85 and 252
53-3-807
, as last amended by Laws of Utah 2015, Chapter 210
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-28-105
 is amended to read:
26-28-105.
Manner of making anatomical gift before donor's death.
(1) A donor may make an anatomical gift:
(a) by authorizing a statement or symbol indicating that the donor has made an
anatomical gift to be imprinted on the donor's driver license or identification card;
(b) in a will;
(c) during a terminal illness or injury of the donor, by any form of communication
addressed to at least two adults, at least one of whom is a disinterested witness; or
(d) as provided in Subsection (2).
(2) A donor or other person authorized to make an anatomical gift under Section
26-28-104
 may make a gift by a donor card or other record signed by the donor or other person
making the gift or by authorizing that a statement or symbol indicating that the donor has made
an anatomical gift be included on a donor registry. If the donor or other person is physically
unable to sign a record, the record may be signed by another [
individual
] 
person
 at the direction
of the donor or other person and shall:
(a) be witnessed by at least two adults, at least one of whom is a disinterested witness,
who have signed at the request of the donor or the other person; and
(b) state that it has been signed and witnessed as provided in Subsection (2)(a).
(3) 
(a)
 Revocation, suspension, expiration, or cancellation of a driver license or
identification card upon which an anatomical gift is indicated does not invalidate the gift.
(b) The authorization of an anatomical gift on a donor's driver license or identification
card is valid until the donor withdraws that authorization.
(4) An anatomical gift made by will takes effect upon the donor's death whether or not
the will is probated. Invalidation of the will after the donor's death does not invalidate the gift.
Section 2. Section 
26-28-109
 is amended to read:
26-28-109.
Who may make anatomical gift of decedent's body or part.
(1) Subject to Subsections (2) and (3) and unless barred by Section 
26-28-107
 or
26-28-108
, an anatomical gift of a decedent's body or part for purpose of transplantation,
therapy, research, or education may be made by any member of the following classes of
persons who is reasonably available, in the order of priority listed:
(a) an agent of the decedent at the time of death who could have made an anatomical
gift under Subsection 
26-28-104
(2) immediately before the decedent's death;
(b) the spouse of the decedent;
(c) adult children of the decedent;
(d) parents of the decedent;
(e) adult siblings of the decedent;
(f) adult grandchildren of the decedent;
(g) grandparents of the decedent;
(h) an adult who exhibited special care and concern for the decedent;
[
(h)
] 
(i)
 the persons who were acting as the guardians of the person of the decedent at
the time of death; and
[
(i)
] 
(j)
 any other person having the authority to dispose of the decedent's body.
(2) If there is more than one member of a class listed in Subsection (1)(a), (c), (d), (e),
(f), (g), or (i) entitled to make an anatomical gift, an anatomical gift may be made by a member
of the class unless that member or a person to which the gift may pass under Section 
26-28-111
knows of an objection by another member of the class. If an objection is known, the gift may
be made only by a majority of the members of the class who are reasonably available.
(3) A person may not make an anatomical gift if, at the time of the decedent's death, a
person in a prior class under Subsection (1) is reasonably available to make or to object to the
making of an anatomical gift.
Section 3. Section 
53-3-205
 is amended to read:
53-3-205.
Application for license or endorsement -- Fee required -- Tests --
Expiration dates of licenses and endorsements -- Information required -- Previous
licenses surrendered -- Driving record transferred from other states -- Reinstatement --
Fee required -- License agreement.
(1) An application for any original license, provisional license, or endorsement shall
be:
(a) made upon a form furnished by the division; and
(b) accompanied by a nonrefundable fee set under Section 
53-3-105
.
(2) An application and fee for an original provisional class D license or an original
class D license entitle the applicant to:
(a) not more than three attempts to pass both the knowledge and the skills tests for a
class D license within six months of the date of the application;
(b) a learner permit if needed pending completion of the application and testing
process; and
(c) an original class D license and license certificate after all tests are passed and
requirements are completed.
(3) An application and fee for a motorcycle or taxicab endorsement entitle the
applicant to:
(a) not more than three attempts to pass both the knowledge and skills tests within six
months of the date of the application;
(b) a motorcycle learner permit after the motorcycle knowledge test is passed; and
(c) a motorcycle or taxicab endorsement when all tests are passed.
(4) An application and fees for a commercial class A, B, or C license entitle the
applicant to:
(a) not more than two attempts to pass a knowledge test and not more than two
attempts to pass a skills test within six months of the date of the application;
(b) both a commercial driver instruction permit and a temporary license permit for the
license class held before the applicant submits the application if needed after the knowledge
test is passed; and
(c) an original commercial class A, B, or C license and license certificate when all
applicable tests are passed.
(5) An application and fee for a CDL endorsement entitle the applicant to:
(a) not more than two attempts to pass a knowledge test and not more than two
attempts to pass a skills test within six months of the date of the application; and
(b) a CDL endorsement when all tests are passed.
(6) (a) If a CDL applicant does not pass a knowledge test, skills test, or an endorsement
test within the number of attempts provided in Subsection (4) or (5), each test may be taken
two additional times within the six months for the fee provided in Section 
53-3-105
.
(b) (i) Beginning July 1, 2015, an out-of-state resident who holds a valid CDIP issued
by a state or jurisdiction that is compliant with 49 C.F.R. Part 383 may take a skills test
administered by the division if the out-of-state resident pays the fee provided in Subsection
53-3-105
(20)(b).
(ii) The division shall:
(A) electronically transmit skills test results for an out-of-state resident to the licensing
agency in the state or jurisdiction in which the person has obtained a valid CDIP; and
(B) provide the out-of-state resident with documentary evidence upon successful
completion of the skills test.
(7) (a) Except as provided under Subsections (7)(f), (g), and (h), an original license
expires on the birth date of the applicant in the fifth year following the year the license
certificate was issued.
(b) Except as provided under Subsections (7)(f), (g), and (h), a renewal or an extension
to a license expires on the birth date of the licensee in the fifth year following the expiration
date of the license certificate renewed or extended.
(c) Except as provided under Subsections (7)(f) and (g), a duplicate license expires on
the same date as the last license certificate issued.
(d) An endorsement to a license expires on the same date as the license certificate
regardless of the date the endorsement was granted.
(e) (i) A regular license certificate and any endorsement to the regular license
certificate held by a person described in Subsection (7)(e)(ii), which expires during the time
period the person is stationed outside of the state, is valid until 90 days after the person's orders
have been terminated, the person has been discharged, or the person's assignment has been
changed or terminated, unless:
(A) the license is suspended, disqualified, denied, or has been cancelled or revoked by
the division; or
(B) the licensee updates the information or photograph on the license certificate.
(ii) The provisions in Subsection (7)(e)(i) apply to a person:
(A) ordered to active duty and stationed outside of Utah in any of the armed forces of
the United States;
(B) who is an immediate family member or dependent of a person described in
Subsection (7)(e)(ii)(A) and is residing outside of Utah;
(C) who is a civilian employee of the United States State Department or United States
Department of Defense and is stationed outside of the United States; or
(D) who is an immediate family member or dependent of a person described in
Subsection (7)(e)(ii)(C) and is residing outside of the United States.
(f) (i) Except as provided in Subsection (7)(f)(ii), a limited-term license certificate or a
renewal to a limited-term license certificate expires:
(A) on the expiration date of the period of time of the individual's authorized stay in
the United States or on the date provided under this Subsection (7), whichever is sooner; or
(B) on the date of issuance in the first year following the year that the limited-term
license certificate was issued if there is no definite end to the individual's period of authorized
stay.
(ii) A limited-term license certificate or a renewal to a limited-term license certificate
issued to an approved asylee or a refugee expires on the birth date of the applicant in the fourth
year following the year that the limited-term license certificate was issued.
(g) A driving privilege card issued or renewed under Section 
53-3-207
 expires on the
birth date of the applicant in the first year following the year that the driving privilege card was
issued or renewed.
(h) An original license or a renewal to an original license expires on the birth date of
the applicant in the first year following the year that the license was issued if the applicant is
required to register as a sex offender in accordance with Title 77, Chapter 41, Sex and Kidnap
Offender Registry.
(8) (a) In addition to the information required by Title 63G, Chapter 4, Administrative
Procedures Act, for requests for agency action, each applicant shall:
(i) provide:
(A) the applicant's full legal name;
(B) the applicant's birth date;
(C) the applicant's gender;
(D) (I) documentary evidence of the applicant's valid social security number;
(II) written proof that the applicant is ineligible to receive a social security number;
(III) the applicant's temporary identification number (ITIN) issued by the Internal
Revenue Service for a person who:
(Aa) does not qualify for a social security number; and
(Bb) is applying for a driving privilege card; or
(IV) other documentary evidence approved by the division;
(E) the applicant's Utah residence address as documented by a form or forms
acceptable under rules made by the division under Section 
53-3-104
, unless the application is
for a temporary CDL issued under Subsection 
53-3-407
(2)(b); and
(F) fingerprints and a photograph in accordance with Section 
53-3-205.5
 if the person
is applying for a driving privilege card;
(ii) provide evidence of the applicant's lawful presence in the United States by
providing documentary evidence:
(A) that a person is:
(I) a United States citizen;
(II) a United States national; or
(III) a legal permanent resident alien; or
(B) of the applicant's:
(I) unexpired immigrant or nonimmigrant visa status for admission into the United
States;
(II) pending or approved application for asylum in the United States;
(III) admission into the United States as a refugee;
(IV) pending or approved application for temporary protected status in the United
States;
(V) approved deferred action status;
(VI) pending application for adjustment of status to legal permanent resident or
conditional resident; or
(VII) conditional permanent resident alien status;
(iii) provide a description of the applicant;
(iv) state whether the applicant has previously been licensed to drive a motor vehicle
and, if so, when and by what state or country;
(v) state whether the applicant has ever had any license suspended, cancelled, revoked,
disqualified, or denied in the last 10 years, or whether the applicant has ever had any license
application refused, and if so, the date of and reason for the suspension, cancellation,
revocation, disqualification, denial, or refusal;
(vi) state whether the applicant intends to make an anatomical gift under Title 26,
Chapter 28, Revised Uniform Anatomical Gift Act, in compliance with Subsection (15);
(vii) state whether the applicant is required to register as a sex offender in accordance
with Title 77, Chapter 41, Sex and Kidnap Offender Registry;
(viii) state whether the applicant is a veteran of the United States military, provide
verification that the applicant was granted an honorable or general discharge from the United
States Armed Forces, and state whether the applicant does or does not authorize sharing the
information with the state Department of Veterans' and Military Affairs;
(ix) provide all other information the division requires; and
(x) sign the application which signature may include an electronic signature as defined
in Section 
46-4-102
.
(b) Each applicant shall have a Utah residence address, unless the application is for a
temporary CDL issued under Subsection 
53-3-407
(2)(b).
(c) Each applicant shall provide evidence of lawful presence in the United States in
accordance with Subsection (8)(a)(ii), unless the application is for a driving privilege card.
(d) The division shall maintain on its computerized records an applicant's:
(i) (A) social security number;
(B) temporary identification number (ITIN); or
(C) other number assigned by the division if Subsection (8)(a)(i)(D)(IV) applies; and
(ii) indication whether the applicant is required to register as a sex offender in
accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry.
(9) The division shall require proof of every applicant's name, birthdate, and birthplace
by at least one of the following means:
(a) current license certificate;
(b) birth certificate;
(c) Selective Service registration; or
(d) other proof, including church records, family Bible notations, school records, or
other evidence considered acceptable by the division.
(10) (a) Except as provided in Subsection (10)(c), if an applicant receives a license in a
higher class than what the applicant originally was issued:
(i) the license application shall be treated as an original application; and
(ii) license and endorsement fees shall be assessed under Section 
53-3-105
.
(b) An applicant that receives a downgraded license in a lower license class during an
existing license cycle that has not expired:
(i) may be issued a duplicate license with a lower license classification for the
remainder of the existing license cycle; and
(ii) shall be assessed a duplicate license fee under Subsection 
53-3-105
(22) if a
duplicate license is issued under Subsection (10)(b)(i).
(c) An applicant who has received a downgraded license in a lower license class under
Subsection (10)(b):
(i) may, when eligible, receive a duplicate license in the highest class previously issued
during a license cycle that has not expired for the remainder of the existing license cycle; and
(ii) shall be assessed a duplicate license fee under Subsection 
53-3-105
(22) if a
duplicate license is issued under Subsection (10)(c)(i).
(11) (a) When an application is received from a person previously licensed in another
state to drive a motor vehicle, the division shall request a copy of the driver's record from the
other state.
(b) When received, the driver's record becomes part of the driver's record in this state
with the same effect as though entered originally on the driver's record in this state.
(12) An application for reinstatement of a license after the suspension, cancellation,
disqualification, denial, or revocation of a previous license shall be accompanied by the
additional fee or fees specified in Section 
53-3-105
.
(13) A person who has an appointment with the division for testing and fails to keep
the appointment or to cancel at least 48 hours in advance of the appointment shall pay the fee
under Section 
53-3-105
.
(14) A person who applies for an original license or renewal of a license agrees that the
person's license is subject to any suspension or revocation authorized under this title or Title
41, Motor Vehicles.
(15) (a) The indication of intent under Subsection (8)(a)(vi) shall be authenticated by
the licensee in accordance with division rule.
(b) (i) Notwithstanding Title 63G, Chapter 2, Government Records Access and
Management Act, the division may, upon request, release to an organ procurement
organization, as defined in Section 
26-28-102
, the names and addresses of all persons who
under Subsection (8)(a)(vi) indicate that they intend to make an anatomical gift.
(ii) An organ procurement organization may use released information only to:
(A) obtain additional information for an anatomical gift registry; and
(B) inform licensees of anatomical gift options, procedures, and benefits.
(c) (i) If an individual indicates intent to make an anatomical gift under Subsection
(8)(a)(vi), the division may not require the individual to indicate intent again upon the
individual's renewal of a license.
(ii) The indication of intent under Subsection (8)(a)(vi) is valid until the individual
withdraws the indication of intent in a manner established by the division, by rule made in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(16) Notwithstanding Title 63G, Chapter 2, Government Records Access and
Management Act, the division may release to the Department of Veterans' and Military Affairs
the names and addresses of all persons who indicate their status as a veteran under Subsection
(8)(a)(viii).
(17) The division and its employees are not liable, as a result of false or inaccurate
information provided under Subsection (8)(a)(vi) or (viii), for direct or indirect:
(a) loss;
(b) detriment; or
(c) injury.
(18) A person who knowingly fails to provide the information required under
Subsection (8)(a)(vii) is guilty of a class A misdemeanor.
(19) (a) Until December 1, 2014, a person born on or after December 1, 1964, may
hold both an unexpired Utah license certificate and an unexpired Utah identification card.
(b) On or after December 1, 2014, a person born on or after December 1, 1964:
(i) may not hold both an unexpired Utah license certificate and an unexpired
identification card; and
(ii) if the person has both an unexpired Utah license certificate and an unexpired Utah
identification card in the person's possession, shall be required to surrender either the unexpired
Utah license certificate or the unexpired Utah identification card.
(c) If a person has not surrendered either the Utah license certificate or the Utah
identification card as required under this Subsection (19), the division shall cancel the Utah
identification card on December 1, 2014.
(20) (a) Until December 1, 2017, a person born prior to December 1, 1964, may hold
both an unexpired Utah license certificate and an unexpired Utah identification card.
(b) On or after December 1, 2017, a person born prior to December 1, 1964:
(i) may not hold both an unexpired Utah license certificate and an unexpired
identification card; and
(ii) if the person has both an unexpired Utah license certificate and an unexpired Utah
identification card in the person's possession, shall be required to surrender either the unexpired
Utah license certificate or the unexpired Utah identification card.
(c) If a person has not surrendered either the Utah license certificate or the Utah
identification card as required under this Subsection (20), the division shall cancel the Utah
identification card on December 1, 2017.
(21) (a) A person who applies for an original motorcycle endorsement to a regular
license certificate is exempt from the requirement to pass the knowledge and skills test to be
eligible for the motorcycle endorsement if the person:
(i) is a resident of the state of Utah;
(ii) (A) is ordered to active duty and stationed outside of Utah in any of the armed
forces of the United States; or
(B) is an immediate family member or dependent of a person described in Subsection
(21)(a)(ii)(A) and is residing outside of Utah;
(iii) has a digitized driver license photo on file with the division;
(iv) provides proof to the division of the successful completion of a certified
Motorcycle Safety Foundation rider training course; and
(v) provides the necessary information and documentary evidence required under
Subsection (8).
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division shall make rules:
(i) establishing the procedures for a person to obtain a motorcycle endorsement under
this Subsection (21); and
(ii) identifying the applicable restrictions for a motorcycle endorsement issued under
this Subsection (21).
Section 4. Section 
53-3-805
 is amended to read:
53-3-805.
Identification card -- Contents -- Specifications.
(1) (a) The division shall issue an identification card that bears:
(i) the distinguishing number assigned to the person by the division;
(ii) the name, birth date, and Utah residence address of the person;
(iii) a brief description of the person for the purpose of identification;
(iv) a photograph of the person;
(v) a photograph or other facsimile of the person's signature;
(vi) an indication whether the person intends to make an anatomical gift under Title 26,
Chapter 28, Revised Uniform Anatomical Gift Act; and
(vii) if the person states that the person is a veteran of the United States military on the
application for an identification card in accordance with Section 
53-3-804
 and provides
verification that the person received an honorable or general discharge from the United States
Armed Forces, an indication that the person is a United States military veteran for a regular
identification card or a limited-term identification card issued on or after July 1, 2011.
(b) An identification card issued by the division may not bear the person's social
security number or place of birth.
(2) (a) The card shall be of an impervious material, resistant to wear, damage, and
alteration.
(b) Except as provided under Section 
53-3-806
, the size, form, and color of the card is
prescribed by the commissioner.
(3) At the applicant's request, the card may include a statement that the applicant has a
special medical problem or allergies to certain drugs, for the purpose of medical treatment.
(4) (a) The indication of intent under Subsection 
53-3-804
(2)(j) shall be authenticated
by the applicant in accordance with division rule.
(b) (i) Notwithstanding Title 63G, Chapter 2, Government Records Access and
Management Act, the division may, upon request, release to an organ procurement
organization, as defined in Section 
26-28-102
, the names and addresses of all persons who
under Subsection 
53-3-804
(2)(j) indicate that they intend to make an anatomical gift.
(ii) An organ procurement organization may use released information only to:
(A) obtain additional information for an anatomical gift registry; and
(B) inform applicants of anatomical gift options, procedures, and benefits.
(c) If an individual indicates intent to make an anatomical gift under Subsection
53-3-804
(2)(j), the indication of intent is valid until the individual withdraws the indication of
intent in a manner established by the division, by rule made in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act.
(5) Notwithstanding Title 63G, Chapter 2, Government Records Access and
Management Act, the division may release to the Department of Veterans' and Military Affairs
the names and addresses of all persons who indicate their status as a veteran under Subsection
53-3-804
(2)(l).
(6) The division and its employees are not liable, as a result of false or inaccurate
information provided under Subsection 
53-3-804
(2)(j) or (l), for direct or indirect:
(a) loss;
(b) detriment; or
(c) injury.
(7) (a) The division may issue a temporary regular identification card to a person while
the person obtains the required documentation to establish verification of the information
described in Subsections 
53-3-804
(2)(a), (b), (c), (d), and (i)(i).
(b) A temporary regular identification card issued under this Subsection (7) shall be
recognized and grant the person the same privileges as a regular identification card.
(c) A temporary regular identification card issued under this Subsection (7) is invalid:
(i) when the person's regular identification card has been issued;
(ii) when, for good cause, an applicant's application for a regular identification card has
been refused; or
(iii) upon expiration of the temporary regular identification card.
Section 5. Section 
53-3-807
 is amended to read:
53-3-807.
Expiration -- Address and name change -- Extension.
(1) (a) A regular identification card issued on or after July 1, 2006, expires on the birth
date of the applicant in the fifth year following the issuance of the regular identification card.
(b) A limited-term identification card expires on:
(i) the expiration date of the period of time of the individual's authorized stay in the
United States or on the birth date of the applicant in the fifth year following the issuance of the
limited-term identification card, whichever is sooner; or
(ii) on the date of issuance in the first year following the year that the limited-term
identification card was issued if there is no definite end to the individual's period of authorized
stay.
(2) If a person has applied for and received an identification card and subsequently
moves from the address shown on the application or on the card, the person shall within 10
days notify the division in a manner specified by the division of the person's new address.
(3) If a person has applied for and received an identification card and subsequently
changes the person's name under Title 42, Chapter 1, Change of Name, the person:
(a) shall surrender the card to the division; and
(b) may apply for a new card in the person's new name by:
(i) furnishing proper documentation to the division as provided in Section 
53-3-804
;
and
(ii) paying the fee required under Section 
53-3-105
.
(4) (a) Except as provided in Subsection (4)(c), if a person has applied for and received
an identification card and is currently required to register as a sex offender in accordance with
Title 77, Chapter 41, Sex and Kidnap Offender Registry:
(i) the person's identification card expires annually on the next birth date of the
cardholder, on and after July 1, 2006;
(ii) the person shall surrender the person's identification card to the division on or
before the cardholder's next birth date beginning on July 1, 2006; and
(iii) the person may apply for an identification card with an expiration date identified in
Subsection (8) by:
(A) furnishing proper documentation to the division as provided in Section 
53-3-804
;
and
(B) paying the fee for an identification card required under Section 
53-3-105
.
(b) Except as provided in Subsection (4)(c), if a person has applied for and received an
identification card and is subsequently convicted of any offense listed in Subsection
77-41-102
(17), the person shall surrender the card to the division on the person's next birth
date following the conviction and may apply for a new card with an expiration date identified
in Subsection (8) by:
(i) furnishing proper documentation to the division as provided in Section 
53-3-804
;
and
(ii) paying the fee required under Section 
53-3-105
.
(c) A person who is unable to comply with the provisions of Subsection (4)(a) or (4)(b)
because the person is in the custody of the Department of Corrections or Division of Juvenile
Justice Services, confined in a correctional facility not operated by or under contract with the
Department of Corrections, or committed to a state mental facility, shall comply with the
provisions of Subsection (4)(a) or (b) within 10 days of being released from confinement.
(5) A person older than 21 years of age with a disability, as defined under the
Americans with Disabilities Act of 1990, Pub. L. 101-336, may extend the expiration date on
an identification card for five years if the person with a disability or an agent of the person with
a disability:
(a) requests that the division send the application form to obtain the extension or
requests an application form in person at the division's offices;
(b) completes the application;
(c) certifies that the extension is for a person 21 years of age or older with a disability;
and
(d) returns the application to the division together with the identification card fee
required under Section 
53-3-105
.
(6) The division may extend a valid regular identification card for five years:
(a) (i) at any time within six months before the identification card expires; and
(ii) if the identification card was issued after January 1, 2010.
(b) The application for an extension of a regular identification card
:
(i)
 shall be accompanied by a fee under Section 
53-3-105
[
.
]
; and
(ii) may not require an individual who has indicated intent to make an anatomical gift
under Subsection 
53-3-804
(2)(j) to indicate the individual's intent again.
(c) The division shall allow extensions:
(i) by mail, electronic means, or other means as determined by the division at the
appropriate extension fee rate under Section 
53-3-105
; and
(ii) only if the applicant qualifies under this section.
(7) (a) (i) Except as prohibited under Subsection (7)(b), a regular identification card
may only be extended once under Subsections (5) and (6).
(ii) After an extension an application for an identification card must be applied for in
person at the division's offices.
(b) An identification card issued to a person required to register as a sex offender in
accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry, may not be extended.
(8) An identification card issued prior to July 1, 2006 to a person 65 years of age or
older expires on December 1, 2017.
(9) Notwithstanding the provisions of this section, an identification card expires on the
birth date of the applicant in the first year following the year that the identification card was
issued if the applicant is required to register as a sex offender in accordance with Title 77,
Chapter 41, Sex and Kidnap Offender Registry.
(10) A person who knowingly fails to surrender an identification card under Subsection
(4) is guilty of a class A misdemeanor.
Legislative Review Note
Office of Legislative Research and General Counsel