Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 240 First Substitute (2020GS)

Sponsor

Rep. Eliason, S.

Final action

House/ filed 3/12/2020

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• requires the Driver License Division of the Department of Public Safety, upon request from an individual and subject to certain written verification, to include an identifying symbol on the individual's driver license or identification card to indicate that the individual is an individual with a disability; and
• makes technical changes.

Every vote on this bill

Bill text

DRIVER LICENSE REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: 
 Jani Iwamoto
LONG TITLE
General Description:
This bill revises provisions in the Uniform Driver License Act.
Highlighted Provisions:
This bill:
▸ requires the Driver License Division of the Department of Public Safety, upon
request from an individual and subject to certain written verification, to include an
identifying symbol on the individual's driver license or identification card to
indicate that the individual is an individual with a disability; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
46-1-2
, as last amended by Laws of Utah 2019, Chapter 192
53-3-207
 (Superseded 07/01/20)
, as last amended by Laws of Utah 2016, Chapter 350
53-3-207
 (Effective 07/01/20)
, as last amended by Laws of Utah 2019, Chapter 232
53-3-805
, as last amended by Laws of Utah 2018, Chapter 39
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
46-1-2
 is amended to read:
46-1-2.
Definitions.
As used in this chapter:
(1) "Acknowledgment" means a notarial act in which a notary certifies that a signer,
whose identity is personally known to the notary or proven on the basis of satisfactory
evidence, has admitted, in the presence of the notary, to voluntarily signing a document for the
document's stated purpose.
(2) "Before me" means that an individual appears in the presence of the notary.
(3) "Commission" means:
(a) to empower to perform notarial acts; or
(b) the written document that gives authority to perform notarial acts, including the
Certificate of Authority of Notary Public that the lieutenant governor issues to a notary.
(4) "Copy certification" means a notarial act in which a notary certifies that a
photocopy is an accurate copy of a document that is neither a public record nor publicly
recorded.
(5) "Electronic recording" means the audio and video recording, described in
Subsection 
46-1-3.6
(3), of a remote notarization.
(6) "Electronic seal" means an electronic version of the seal described in Section
46-1-16
, that conforms with rules made under Subsection 
46-1-3.7
(1)(d), that a remote notary
may attach to a notarial certificate to complete a remote notarization.
(7) "Electronic signature" means the same as that term is defined in Section 
46-4-102
.
(8) "In the presence of the notary" means that an individual:
(a) is physically present with the notary in close enough proximity to see and hear the
notary; or
(b) communicates with a remote notary by means of an electronic device or process
that:
(i) allows the individual and remote notary to communicate with one another
simultaneously by sight and sound; and
(ii) complies with rules made under Section 
46-1-3.7
.
(9) "Jurat" means a notarial act in which a notary certifies:
(a) the identity of a signer who:
(i) is personally known to the notary; or
(ii) provides the notary satisfactory evidence of the signer's identity;
(b) that the signer affirms or swears an oath attesting to the truthfulness of a document;
and
(c) that the signer voluntarily signs the document in the presence of the notary.
(10) "Notarial act" or "notarization" means an act that a notary is authorized to perform
under Section 
46-1-6
.
(11) "Notarial certificate" means the affidavit described in Section 
46-1-6.5
 that is:
(a) a part of or attached to a notarized document; and
(b) completed by the notary and bears the notary's signature and official seal.
(12) (a) "Notary" means an individual commissioned to perform notarial acts under this
chapter.
(b) "Notary" includes a remote notary.
(13) "Oath" or "affirmation" means a notarial act in which a notary certifies that a
person made a vow or affirmation in the presence of the notary on penalty of perjury.
(14) "Official misconduct" means a notary's performance of any act prohibited or
failure to perform any act mandated by this chapter or by any other law in connection with a
notarial act.
(15) (a) "Official seal" means the seal described in Section 
46-1-16
 that a notary may
attach to a notarial certificate to complete a notarization.
(b) "Official seal" includes an electronic seal.
(16) "Personally known" means familiarity with an individual resulting from
interactions with that individual over a period of time sufficient to eliminate every reasonable
doubt that the individual has the identity claimed.
(17) "Remote notarization" means a notarial act performed by a remote notary in
accordance with this chapter for an individual who is not in the physical presence of the remote
notary at the time the remote notary performs the notarial act.
(18) "Remote notary" means a notary that holds an active remote notary certification
under Section 
46-1-3.5
.
(19) (a) "Satisfactory evidence of identity" means:
(i) for both an in-person and remote notarization, identification of an individual based
on:
(A) subject to Subsection (19)(b), valid personal identification with the individual's
photograph, signature, and physical description that the United States government, any state
within the United States, or a foreign government issues;
(B) subject to Subsection (19)(b), a valid passport that any nation issues; or
(C) the oath or affirmation of a credible person who is personally known to the notary
and who personally knows the individual; and
(ii) for a remote notarization only, a third party's affirmation of an individual's identity
in accordance with rules made under Section 
46-1-3.7
 by means of:
(A) dynamic knowledge-based authentication, which may include requiring the
individual to answer questions about the individual's personal information obtained from
public or proprietary data sources; or
(B) analysis of the individual's biometric data, which may include facial recognition,
voiceprint analysis, or fingerprint analysis.
(b) "Satisfactory evidence of identity," for a remote notarization, requires the
identification described in Subsection (19)(a)(i)(A) or passport described in Subsection
(19)(a)(i)(B) to be verified through public or proprietary data sources in accordance with rules
made under Section 
46-1-3.7
.
(c) "Satisfactory evidence of identity" does not include:
(i) a driving privilege card under Subsection 
53-3-207
[
(10)
]
(11)
; or
(ii) another document that is not considered valid for identification.
(20) "Signature witnessing" means a notarial act in which an individual:
(a) appears in the presence of the notary and presents a document;
(b) provides the notary satisfactory evidence of the individual's identity, or is
personally known to the notary; and
(c) signs the document in the presence of the notary.
Section 2. Section 
53-3-207 (Superseded 07/01/20)
 is amended to read:
53-3-207 (Superseded 07/01/20).
License certificates or driving privilege cards
issued to drivers by class of motor vehicle -- Contents -- Release of anatomical gift
information -- Temporary licenses or driving privilege cards -- Minors' licenses, cards,
and permits -- Violation.
(1) As used in this section:
(a) "Driving privilege" means the privilege granted under this chapter to drive a motor
vehicle.
(b) "Governmental entity" means the state and its political subdivisions as defined in
this Subsection (1).
(c) "Political subdivision" means any county, city, town, school district, public transit
district, community reinvestment agency, special improvement or taxing district, local district,
special service district, an entity created by an interlocal agreement adopted under Title 11,
Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public
corporation.
(d) "State" means this state, and includes any office, department, agency, authority,
commission, board, institution, hospital, college, university, children's justice center, or other
instrumentality of the state.
(2) (a) The division shall issue to every person privileged to drive a motor vehicle, a
regular license certificate, a limited-term license certificate, or a driving privilege card
indicating the type or class of motor vehicle the person may drive.
(b) A person may not drive a class of motor vehicle unless granted the privilege in that
class.
(3) (a) Every regular license certificate, limited-term license certificate, or driving
privilege card shall bear:
(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) any restrictions imposed on the license under Section 
53-3-208
;
(v) a photograph of the person;
(vi) a photograph or other facsimile of the person's signature;
(vii) an indication whether the person intends to make an anatomical gift under Title
26, Chapter 28, Revised Uniform Anatomical Gift Act, unless the driving privilege is extended
under Subsection 
53-3-214
(3); and
(viii) except as provided in Subsection (3)(b), if the person states that the person is a
veteran of the United States military on the application for a driver license in accordance with
Section 
53-3-205
 and provides verification that the person was granted 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 license certificate or limited-term license certificate issued on or
after July 1, 2011.
(b) A regular license certificate or limited-term license certificate issued to any person
younger than 21 years on a portrait-style format as required in Subsection [
(5)
] 
(6)
(b)(i) is not
required to include an indication that the person is a United States military veteran under
Subsection (3)(a)(viii).
(c) A new license certificate issued by the division may not bear the person's Social
Security number.
(d) (i) The regular license certificate, limited-term license certificate, or driving
privilege card shall be of an impervious material, resistant to wear, damage, and alteration.
(ii) Except as provided under Subsection [
(4)
] 
(5)
(b), the size, form, and color of the
regular license certificate, limited-term license certificate, or driving privilege card shall be as
prescribed by the commissioner.
(iii) The commissioner may also prescribe the issuance of a special type of limited
regular license certificate, limited-term license certificate, or driving privilege card under
Subsection 
53-3-220
(4).
(4) (a) As used in this Subsection (4):
(i) "Disability" means a physical or mental disability, as defined and covered by the
Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102.
(ii) "Health care professional" means:
(A) a licensed physician, physician assistant, nurse practitioner, or mental health
therapist; or
(B) another licensed health care professional designated by the division, by rule made
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(b) At the applicant's request, the division shall include an identifying symbol on the
regular license certificate, limited-term license certificate, or driving privilege card to indicate
that the applicant is an individual with a disability, if the applicant provides written verification
from a health care professional that the applicant is an individual with a disability.
(c) The written verification described in Subsection (4)(b) shall be made on a form
provided by the division.
(d) The division may not:
(i) charge a fee to include the disability identifying symbol described in Subsection
(4)(b) on the applicant's regular license certificate, limited-term license certificate, or driving
privilege card; or
(ii) require the applicant to provide subsequent written verification that the applicant is
an individual with a disability for including the disability identifying symbol on the applicant's
renewed or extended regular license certificate, limited-term license certificate, or driving
privilege card, after including the disability identifying symbol on the applicant's previously
issued regular license certificate, limited-term license certificate, or driving privilege card in
accordance with Subsection (4)(b).
(e) The inclusion of a disability identifying symbol on an individual's regular license
certificate, limited-term license certificate, or driving privilege card in accordance with
Subsection (4)(b) does not confer any legal rights or privileges on the individual, including
parking privileges for individuals with disabilities under Section 
41-1a-414
.
[
(4)
] 
(5)
 (a) (i) The division, upon determining after an examination that an applicant is
mentally and physically qualified to be granted a driving privilege, may issue to an applicant a
receipt for the fee if the applicant is eligible for a regular license certificate or limited-term
license certificate.
(ii) (A) The division shall issue a temporary regular license certificate or temporary
limited-term license certificate allowing the person to drive a motor vehicle while the division
is completing its investigation to determine whether the person is entitled to be granted a
driving privilege.
(B) A temporary regular license certificate or a temporary limited-term license
certificate issued under this Subsection [
(4)
] 
(5)
 shall be recognized and have the same rights
and privileges as a regular license certificate or a limited-term license certificate.
(b) The temporary regular license certificate or temporary limited-term license
certificate shall be in the person's immediate possession while driving a motor vehicle, and it is
invalid when the person's regular license certificate or limited-term license certificate has been
issued or when, for good cause, the privilege has been refused.
(c) The division shall indicate on the temporary regular license certificate or temporary
limited-term license certificate a date after which it is not valid as a temporary license.
(d) (i) Except as provided in Subsection [
(4)
] 
(5)
(d)(ii), the division may not issue a
temporary driving privilege card or other temporary permit to an applicant for a driving
privilege card.
(ii) The division may issue a learner permit issued in accordance with Section
53-3-210.5
 to an applicant for a driving privilege card.
[
(5)
] 
(6)
 (a) The division shall distinguish learner permits, temporary permits, regular
license certificates, limited-term license certificates, and driving privilege cards issued to any
person younger than 21 years of age by use of plainly printed information or the use of a color
or other means not used for other regular license certificates, limited-term license certificates,
or driving privilege cards.
(b) The division shall distinguish a regular license certificate, limited-term license
certificate, or driving privilege card issued to any person:
(i) younger than 21 years of age by use of a portrait-style format not used for other
regular license certificates, limited-term license certificates, or driving privilege cards and by
plainly printing the date the regular license certificate, limited-term license certificate, or
driving privilege card holder is 21 years of age, which is the legal age for purchasing an
alcoholic beverage or alcoholic product under Section 
32B-4-403
; and
(ii) younger than 19 years of age, by plainly printing the date the regular license
certificate, limited-term license certificate, or driving privilege card holder is 19 years of age,
which is the legal age for purchasing tobacco products under Section 
76-10-104
.
[
(6)
] 
(7)
 The division shall distinguish a limited-term license certificate by clearly
indicating on the document:
(a) that it is temporary; and
(b) its expiration date.
[
(7)
] 
(8)
 (a) The division shall only issue a driving privilege card to a person whose
privilege was obtained without providing evidence of lawful presence in the United States as
required under Subsection 
53-3-205
(8).
(b) The division shall distinguish a driving privilege card from a license certificate by:
(i) use of a format, color, font, or other means; and
(ii) clearly displaying on the front of the driving privilege card a phrase substantially
similar to "FOR DRIVING PRIVILEGES ONLY -- NOT VALID FOR IDENTIFICATION".
[
(8)
] 
(9)
 The provisions of Subsection [
(5)
] 
(6)
(b) do not apply to a learner permit,
temporary permit, temporary regular license certificate, temporary limited-term license
certificate, or any other temporary permit.
[
(9)
] 
(10)
 The division shall issue temporary license certificates of the same nature,
except as to duration, as the license certificates that they temporarily replace, as are necessary
to implement applicable provisions of this section and Section 
53-3-223
.
[
(10)
] 
(11)
 (a) A governmental entity may not accept a driving privilege card as proof
of personal identification.
(b) A driving privilege card may not be used as a document providing proof of a
person's age for any government required purpose.
[
(11)
] 
(12)
 A person who violates Subsection (2)(b) is guilty of an infraction.
[
(12)
] 
(13)
 Unless otherwise provided, the provisions, requirements, classes,
endorsements, fees, restrictions, and sanctions under this code apply to a:
(a) driving privilege in the same way as a license or limited-term license issued under
this chapter; and
(b) limited-term license certificate or driving privilege card in the same way as a
regular license certificate issued under this chapter.
Section 3. Section 
53-3-207 (Effective 07/01/20)
 is amended to read:
53-3-207 (Effective 07/01/20).
License certificates or driving privilege cards
issued to drivers by class of motor vehicle -- Contents -- Release of anatomical gift
information -- Temporary licenses or driving privilege cards -- Minors' licenses, cards,
and permits -- Violation.
(1) As used in this section:
(a) "Driving privilege" means the privilege granted under this chapter to drive a motor
vehicle.
(b) "Governmental entity" means the state or a political subdivision of the state.
(c) "Political subdivision" means any county, city, town, school district, public transit
district, community reinvestment agency, special improvement or taxing district, local district,
special service district, an entity created by an interlocal agreement adopted under Title 11,
Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public
corporation.
(d) "State" means this state, and includes any office, department, agency, authority,
commission, board, institution, hospital, college, university, children's justice center, or other
instrumentality of the state.
(2) (a) The division shall issue to every individual privileged to drive a motor vehicle, a
regular license certificate, a limited-term license certificate, or a driving privilege card
indicating the type or class of motor vehicle the individual may drive.
(b) An individual may not drive a class of motor vehicle unless granted the privilege in
that class.
(3) (a) Every regular license certificate, limited-term license certificate, or driving
privilege card shall bear:
(i) the distinguishing number assigned to the individual by the division;
(ii) the name, birth date, and Utah residence address of the individual;
(iii) a brief description of the individual for the purpose of identification;
(iv) any restrictions imposed on the license under Section 
53-3-208
;
(v) a photograph of the individual;
(vi) a photograph or other facsimile of the person's signature;
(vii) an indication whether the individual intends to make an anatomical gift under
Title 26, Chapter 28, Revised Uniform Anatomical Gift Act, unless the driving privilege is
extended under Subsection 
53-3-214
(3); and
(viii) except as provided in Subsection (3)(b), if the individual states that the individual
is a veteran of the United States military on the application for a driver license in accordance
with Section 
53-3-205
 and provides verification that the individual was granted an honorable
or general discharge from the United States Armed Forces, an indication that the individual is a
United States military veteran for a regular license certificate or limited-term license certificate
issued on or after July 1, 2011.
(b) A regular license certificate or limited-term license certificate issued to an
individual younger than 21 years on a portrait-style format as required in Subsection [
(5)
]
(6)
(b) is not required to include an indication that the individual is a United States military
veteran under Subsection (3)(a)(viii).
(c) A new license certificate issued by the division may not bear the individual's social
security number.
(d) (i) The regular license certificate, limited-term license certificate, or driving
privilege card shall be of an impervious material, resistant to wear, damage, and alteration.
(ii) Except as provided under Subsection [
(4)
] 
(5)
(b), the size, form, and color of the
regular license certificate, limited-term license certificate, or driving privilege card shall be as
prescribed by the commissioner.
(iii) The commissioner may also prescribe the issuance of a special type of limited
regular license certificate, limited-term license certificate, or driving privilege card under
Subsection 
53-3-220
(4).
(4) (a) As used in this Subsection (4):
(i) "Disability" means a physical or mental disability, as defined and covered by the
Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12102.
(ii) "Health care professional" means:
(A) a licensed physician, physician assistant, nurse practitioner, or mental health
therapist; or
(B) another licensed health care professional designated by the division, by rule made
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(b) At the applicant's request, the division shall include an identifying symbol on the
regular license certificate, limited-term license certificate, or driving privilege card to indicate
that the applicant is an individual with a disability, if the applicant provides written verification
from a health care professional that the applicant is an individual with a disability.
(c) The written verification described in Subsection (4)(b) shall be made on a form
provided by the division.
(d) The division may not:
(i) charge a fee to include the disability identifying symbol described in Subsection
(4)(b) on the applicant's regular license certificate, limited-term license certificate, or driving
privilege card; or
(ii) require the applicant to provide subsequent written verification that the applicant is
an individual with a disability for including the disability identifying symbol on the applicant's
renewed or extended regular license certificate, limited-term license certificate, or driving
privilege card, after including the disability identifying symbol on the applicant's previously
issued regular license certificate, limited-term license certificate, or driving privilege card in
accordance with Subsection (4)(b).
(e) The inclusion of a disability identifying symbol on an individual's regular license
certificate, limited-term license certificate, or driving privilege card in accordance with
Subsection (4)(b) does not confer any legal rights or privileges on the individual, including
parking privileges for individuals with disabilities under Section 
41-1a-414
.
[
(4)
] 
(5)
 (a) (i) The division, upon determining after an examination that an applicant is
mentally and physically qualified to be granted a driving privilege, may issue to an applicant a
receipt for the fee if the applicant is eligible for a regular license certificate or limited-term
license certificate.
(ii) (A) The division shall issue a temporary regular license certificate or temporary
limited-term license certificate allowing the individual to drive a motor vehicle while the
division is completing its investigation to determine whether the individual is entitled to be
granted a driving privilege.
(B) A temporary regular license certificate or a temporary limited-term license
certificate issued under this Subsection [
(4)
] 
(5)
 shall be recognized and have the same rights
and privileges as a regular license certificate or a limited-term license certificate.
(b) The temporary regular license certificate or temporary limited-term license
certificate shall be in the individual's immediate possession while driving a motor vehicle, and
it is invalid when the individual's regular license certificate or limited-term license certificate
has been issued or when, for good cause, the privilege has been refused.
(c) The division shall indicate on the temporary regular license certificate or temporary
limited-term license certificate a date after which it is not valid as a temporary license.
(d) (i) Except as provided in Subsection [
(4)
] 
(5)
(d)(ii), the division may not issue a
temporary driving privilege card or other temporary permit to an applicant for a driving
privilege card.
(ii) The division may issue a learner permit issued in accordance with Section
53-3-210.5
 to an applicant for a driving privilege card.
[
(5)
] 
(6)
 (a) The division shall distinguish learner permits, temporary permits, regular
license certificates, limited-term license certificates, and driving privilege cards issued to any
individual younger than 21 years of age by use of plainly printed information or the use of a
color or other means not used for other regular license certificates, limited-term license
certificates, or driving privilege cards.
(b) The division shall distinguish a regular license certificate, limited-term license
certificate, or driving privilege card issued to an individual younger than 21 years of age by use
of a portrait-style format not used for other regular license certificates, limited-term license
certificates, or driving privilege cards and by plainly printing the date the regular license
certificate, limited-term license certificate, or driving privilege card holder is 21 years of age.
[
(6)
] 
(7)
 The division shall distinguish a limited-term license certificate by clearly
indicating on the document:
(a) that it is temporary; and
(b) its expiration date.
[
(7)
] 
(8)
 (a) The division shall only issue a driving privilege card to an individual
whose privilege was obtained without providing evidence of lawful presence in the United
States as required under Subsection 
53-3-205
(8).
(b) The division shall distinguish a driving privilege card from a license certificate by:
(i) use of a format, color, font, or other means; and
(ii) clearly displaying on the front of the driving privilege card a phrase substantially
similar to "FOR DRIVING PRIVILEGES ONLY -- NOT VALID FOR IDENTIFICATION".
[
(8)
] 
(9)
 The provisions of Subsection [
(5)
] 
(6)
(b) do not apply to a learner permit,
temporary permit, temporary regular license certificate, temporary limited-term license
certificate, or any other temporary permit.
[
(9)
] 
(10)
 The division shall issue temporary license certificates of the same nature,
except as to duration, as the license certificates that they temporarily replace, as are necessary
to implement applicable provisions of this section and Section 
53-3-223
.
[
(10)
] 
(11)
 (a) A governmental entity may not accept a driving privilege card as proof
of personal identification.
(b) A driving privilege card may not be used as a document providing proof of an
individual's age for any government required purpose.
[
(11)
] 
(12)
 A person who violates Subsection (2)(b) is guilty of an infraction.
[
(12)
] 
(13)
 Unless otherwise provided, the provisions, requirements, classes,
endorsements, fees, restrictions, and sanctions under this code apply to a:
(a) driving privilege in the same way as a license or limited-term license issued under
this chapter; and
(b) limited-term license certificate or driving privilege card in the same way as a
regular license certificate issued under this chapter.
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
] 
individual
 by the division;
(ii) the name, birth date, and Utah residence address of the [
person
] 
individual
;
(iii) a brief description of the [
person
] 
individual
 for the purpose of identification;
(iv) a photograph of the [
person
] 
individual
;
(v) a photograph or other facsimile of the [
person's
] 
individual's
 signature;
(vi) an indication whether the [
person
] 
individual
 intends to make an anatomical gift
under Title 26, Chapter 28, Revised Uniform Anatomical Gift Act; and
(vii) if the [
person
] 
individual
 states that the [
person
] 
individual
 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
] 
individual
 received an honorable or
general discharge from the United States Armed Forces, an indication that the [
person
]
individual
 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
]
individual'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) As used in this Subsection (4):
(i) "Disability" means the same as that term is defined in Subsection 
53-3-207
(4).
(ii) "Health care professional" means the same as that term is defined in Subsection
53-3-207
(4).
(b) At the applicant's request, the division shall include an identifying symbol on the
identification card to indicate that the applicant is an individual with a disability, if the
applicant provides written verification from a health care professional that the applicant is an
individual with a disability.
(c) The written verification described in Subsection (4)(b) shall be made on a form
provided by the division.
(d) The division may not:
(i) charge a fee to include the disability identifying symbol described in Subsection
(4)(b) on the applicant's identification card; or
(ii) require the applicant to provide subsequent written verification that the applicant is
an individual with a disability for including the disability identifying symbol on the applicant's
extended identification card, after including the disability identifying symbol on the applicant's
previously issued identification card in accordance with Subsection (4)(b).
(e) The inclusion of a disability identifying symbol on an individual's identification
card in accordance with Subsection (4)(b) does not confer any legal rights or privileges on the
individual, including parking privileges for individuals with disabilities under Section
41-1a-414
.
[
(4)
] 
(5)
 (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
]
individuals
 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.
[
(5)
] 
(6)
 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
] 
individuals
 who indicate their status as a veteran
under Subsection 
53-3-804
(2)(l).
[
(6)
] 
(7)
 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)
] 
(8)
 (a) The division may issue a temporary regular identification card to [
a
person
] 
an individual
 while the [
person
] 
individual
 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)
] 
(8)
 shall
be recognized and grant the [
person
] 
individual
 the same privileges as a regular identification
card.
(c) A temporary regular identification card issued under this Subsection [
(7)
] 
(8)
 is
invalid:
(i) when the [
person's
]
individual'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. 
Effective date.
This bill takes effect on May 12, 2020, except that the amendments to Section 53-3-207
(Effective 07/01/20) take effect on July 1, 2020.