Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 163 First Substitute (2022GS)

Sponsor

Rep. Moss, C.

Final action

Governor Signed 2/22/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends provisions related to testing to obtain a driver license to allow a humanitarian parolee the same testing procedures provided to refugees and approved asylees; and
• makes technical changes.

Every vote on this bill

Bill text

DRIVER LICENSE TESTING MODIFICATIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Carol Spackman Moss
Senate Sponsor: 
Curtis S. Bramble
LONG TITLE
General Description:
This bill amends provisions related to driver license testing for an individual who is a
humanitarian parolee.
Highlighted Provisions:
This bill:
▸ amends provisions related to testing to obtain a driver license to allow a
humanitarian parolee the same testing procedures provided to refugees and
approved asylees; 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:
53-3-205
, as last amended by Laws of Utah 2021, Chapters 247 and 284
53-3-206
, as last amended by Laws of Utah 2018, Chapter 128
53-3-410
, as last amended by Laws of Utah 2016, Chapter 175
53-3-804
, as last amended by Laws of Utah 2021, Chapter 191
Be it enacted by the Legislature of the state of Utah:
Section 1. 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 an 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 after 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 after 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 for a commercial class A, B, or C license entitles the applicant to:
(a) not more than two attempts to pass a knowledge test when accompanied by the fee
provided in Subsection 
53-3-105
(18);
(b) not more than two attempts to pass a skills test when accompanied by a fee in
Subsection 
53-3-105
(19) within six months after the date of application;
(c) 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
(d) 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 after 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
(19).
(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 out-of-state resident 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) (i) Except as provided under Subsections (7)(a)(ii), (f), and (g), an original class
D license expires on the birth date of the applicant in the eighth year after the year the license
certificate was issued.
(ii) An original provisional class D license expires on the birth date of the applicant in
the fifth year following the year the license certificate was issued.
(iii) Except as provided in Subsection (7)(f), a limited term class D license expires on
the birth date of the applicant in the fifth year the license certificate was issued.
(b) Except as provided under Subsections (7)(f) and (g), a renewal or an extension to a
license expires on the birth date of the licensee in the eighth year after 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 an endorsement to the regular license certificate
held by an individual described in Subsection (7)(e)(ii), that expires during the time period the
individual is stationed outside of the state, is valid until 90 days after the individual's orders are
terminated, the individual is discharged, or the individual's assignment is 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 an individual:
(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 an individual 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 an individual 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
, or a humanitarian parolee
 expires on the birth date
of the applicant in the fifth 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.
(8) (a) In addition to the information required by Title 63G, Chapter 4, Administrative
Procedures Act, for requests for agency action, an applicant shall:
(i) provide:
(A) the applicant's full legal name;
(B) the applicant's birth date;
(C) the applicant's sex;
(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 an individual 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
applicant 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 the applicant 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) admission into the United States as a humanitarian parolee;
[
(IV)
] 
(V)
 pending or approved application for temporary protected status in the United
States;
[
(V)
] 
(VI)
 approved deferred action status;
[
(VI)
] 
(VII)
 pending application for adjustment of status to legal permanent resident or
conditional resident; or
[
(VII)
] 
(VIII)
 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 a license suspended, cancelled, revoked,
disqualified, or denied in the last 10 years, or whether the applicant has ever had a 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 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) Unless the applicant provides acceptable verification of homelessness as described
in rules made by the division, an applicant shall have a Utah residence address, unless the
application is for a temporary CDL issued under Subsection 
53-3-407
(2)(b).
(c) An 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 the division's 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 an applicant's name, birth date, 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 is treated as an original application; and
(ii) license and endorsement fees is 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
(25) 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
(25) if a
duplicate license is issued under Subsection (10)(c)(i).
(11) (a) When an application is received from an applicant 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 is accompanied by the additional
fee or fees specified in Section 
53-3-105
.
(13) An individual 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) An applicant who applies for an original license or renewal of a license agrees that
the individual's license is subject to a suspension or revocation authorized under this title or
Title 41, Motor Vehicles.
(15) (a) A licensee shall authenticate the indication of intent under Subsection
(8)(a)(vi) 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 applicants 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.
(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 applicants who indicate their status as a veteran under
Subsection (8)(a)(viii).
(17) Notwithstanding Title 63G, Chapter 2, Government Records Access and
Management Act, the division shall, upon request, release to the Sex and Kidnap Offender
Registry office in the Department of Corrections, the names and addresses of all applicants
who, under Subsection (8)(a)(vii), indicate they are required to register as a sex offender in
accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry.
(18) 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.
(19) An applicant who knowingly fails to provide the information required under
Subsection (8)(a)(vii) is guilty of a class A misdemeanor.
(20) A person may not hold both an unexpired Utah license certificate and an
unexpired identification card.
(21) (a) An applicant 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 applicant:
(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 an individual 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 an individual 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 2. Section 
53-3-206
 is amended to read:
53-3-206.
Examination of applicant's physical and mental fitness to drive a motor
vehicle.
(1) The division shall examine every applicant for a license, including a test of the
applicant's:
(a) eyesight either:
(i) by the division; or
(ii) by allowing the applicant to furnish to the division a statement from a physician
licensed under Title 58, Chapter 67, Utah Medical Practice Act, or an optometrist licensed
under Title 58, Chapter 16a, Utah Optometry Practice Act;
(b) ability to read and understand highway signs regulating, warning, and directing
traffic;
(c) ability to read and understand simple English used in highway traffic and
directional signs;
(d) knowledge of the state traffic laws;
(e) other physical and mental abilities the division finds necessary to determine the
applicant's fitness to drive a motor vehicle safely on the highways; and
(f) ability to exercise ordinary and responsible control driving a motor vehicle, as
determined by actual demonstration or other indicator.
(2) (a) Notwithstanding the provisions of Subsection (1) or any other provision of law,
the division shall allow a refugee [
or
]
,
 an approved asylee
, or a humanitarian parolee
 to take an
examination of the person's knowledge of the state traffic laws in the person's native language:
(i) the first time the person applies for a limited-term license certificate; and
(ii) the first time the person applies for a renewal of a limited-term license certificate.
(b) Upon the second renewal of a refugee's [
or
]
,
 approved asylee's
, or humanitarian
parolee's
 limited-term license certificate for a refugee [
or
]
,
 approved asylee
, or humanitarian
parolee
 that has taken the knowledge exam in the person's native language under Subsection
(2)(a), the division shall re-examine the person's knowledge of the state traffic laws in English.
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division shall make rules establishing the procedures and requirements for a refugee [
or
]
,
 an
approved asylee
, or humanitarian parolee
 to take an examination of the person's knowledge of
the state traffic laws in the person's native language.
(3) The division shall determine whether any facts exist that would bar granting a
license under Section 
53-3-204
.
(4) The division shall examine each applicant according to the class of license applied
for.
(5) An applicant for a CDL shall meet all additional requirements of Part 4, Uniform
Commercial Driver License Act, of this chapter.
Section 3. Section 
53-3-410
 is amended to read:
53-3-410.
Applicant information required for CDIP and CDL -- State resident to
have state CDL.
(1) The application for a CDL, limited-term CDL, or CDIP shall include the following
information regarding the applicant:
(a) full legal name;
(b) current mailing address;
(c) Utah residential address, unless the application is for a temporary CDL issued under
Subsection 
53-3-407
(2)(b);
(d) physical description, including sex, height, weight, and eye color;
(e) date of birth;
(f) documentary evidence of the applicant's valid [
Social Security
] 
social security
number;
(g) a complete list of all states in which the applicant was issued a driver license in the
previous 10 years upon:
(i) initial issuance of a Utah license;
(ii) renewal of a CDL for the first time after September 30, 2002; or
(iii) transfer of a CDL from another state;
(h) the applicant's signature;
(i) evidence of the applicant's lawful presence in the United States by providing
documentary evidence:
(i) that a person is:
(A) a United States Citizen;
(B) a United States national; or
(C) a legal permanent resident alien; or
(ii) of the applicant's:
(A) unexpired immigrant or nonimmigrant visa status for admission into the United
States;
(B) pending or approved application for asylum in the United States;
(C) admission into the United States as a refugee;
(D) admission into the United States as a humanitarian parolee;
[
(D)
] 
(E)
 pending or approved application for temporary protected status in the United
States;
[
(E)
] 
(F)
 approved deferred action status;
[
(F)
] 
(G)
 pending application for adjustment of status to legal permanent resident or
conditional resident; or
[
(G)
] 
(H)
 conditional permanent resident alien status; and
(j) beginning on January 30, 2012, a medical certification status.
(2) An application under this section shall also include all certifications required by 49
C.F.R., Part 383.71.
(3) When the holder of a license under this part changes the holder's name, mailing
address, or residence, the holder shall make application for a duplicate license within 30 days
of the change.
(4) A person who has been a resident of this state for 30 consecutive days may not
drive a commercial motor vehicle under the authority of a commercial driver license issued by
another jurisdiction.
Section 4. Section 
53-3-804
 is amended to read:
53-3-804.
Application for identification card -- Required information -- Release
of anatomical gift information -- Cancellation of identification card.
(1) To apply for a regular identification card or limited-term identification card, an
applicant shall:
(a) be a Utah resident;
(b) have a Utah residence address; and
(c) appear in person at any license examining station.
(2) An applicant shall provide the following information to the division:
(a) true and full legal name and Utah residence address;
(b) date of birth as set forth in a certified copy of the applicant's birth certificate, or
other satisfactory evidence of birth, which shall be attached to the application;
(c) (i) social security number; or
(ii) written proof that the applicant is ineligible to receive a social security number;
(d) place of birth;
(e) height and weight;
(f) color of eyes and hair;
(g) signature;
(h) photograph;
(i) evidence of the applicant's lawful presence in the United States by providing
documentary evidence:
(i) that the applicant is:
(A) a United States citizen;
(B) a United States national; or
(C) a legal permanent resident alien; or
(ii) of the applicant's:
(A) unexpired immigrant or nonimmigrant visa status for admission into the United
States;
(B) pending or approved application for asylum in the United States;
(C) admission into the United States as a refugee;
(D) admission into the United States as a humanitarian parolee;
[
(D)
] 
(E)
 pending or approved application for temporary protected status in the United
States;
[
(E)
] 
(F)
 approved deferred action status;
[
(F)
] 
(G)
 pending application for adjustment of status to legal permanent resident or
conditional resident; or
[
(G)
] 
(H)
 conditional permanent resident alien status;
(j) an indication whether the applicant intends to make an anatomical gift under Title
26, Chapter 28, Revised Uniform Anatomical Gift Act;
(k) an indication whether the applicant is required to register as a sex offender in
accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry; and
(l) an indication whether the applicant is a veteran of the United States Armed Forces,
verification that the applicant has received an honorable or general discharge from the United
States Armed Forces, and an indication whether the applicant does or does not authorize
sharing the information with the state Department of Veterans and Military Affairs.
(3) (a) The requirements of Section 
53-3-234
 apply to this section for each individual,
age 16 and older, applying for an identification card.
(b) Refusal to consent to the release of information under Section 
53-3-234
 shall result
in the denial of the identification card.
(4) An individual person who knowingly fails to provide the information required
under Subsection (2)(k) is guilty of a class A misdemeanor.
(5) (a) A person may not hold both an unexpired Utah license certificate and an
unexpired identification card.
(b) A person who holds a regular or limited term Utah driver license and chooses to
relinquish the person's driving privilege may apply for an identification card under this chapter,
provided:
(i) the driver:
(A) no longer qualifies for a driver license for failure to meet the requirement in
Section 
53-3-304
; or
(B) makes a personal decision to permanently discontinue driving; [
and
]
(ii) the driver:
(A) submits an application to the division on a form approved by the division in
person, through electronic means, or by mail;
(B) affirms their intention to permanently discontinue driving; and
(C) surrenders to the division the driver license certificate; and
(iii) the division possesses a digital photograph of the driver obtained within the
preceding 10 years.
(c) (i) The division shall waive the fee under Section 
53-3-105
 for an identification
card for an original identification card application under this Subsection (5).
(ii) The fee waiver described in Subsection (5)(c)(i) does not apply to a person whose
driving privilege is suspended or revoked.
(6) Notwithstanding Title 63G, Chapter 2, Government Records Access and
Management Act, the division shall, upon request, release to the Sex and Kidnap Offender
Registry office in the Department of Corrections, the names and addresses of all applicants
who, under Subsection (2)(k), indicate they are required to register as a sex offender in
accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry.
Section 5. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.