Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 309 Second Substitute (2024GS)

Sponsor

Rep. Peterson, T.

Final action

House/ filed 3/1/2024

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• allows a concealed firearm permit holder to have the permit information included on the individual's driver license or identification card.

Every vote on this bill

Bill text

DRIVER LICENSE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Thomas W. Peterson
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill amends the information that may be displayed on a driver license or
identification card.
Highlighted Provisions:
This bill:
▸ allows a concealed firearm permit holder to have the permit information included
on the individual's driver license or identification card.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-3-207
, as last amended by Laws of Utah 2023, Chapters 16, 328 and 456
53-3-805
, as last amended by Laws of Utah 2023, Chapters 328, 414 and 456
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-3-207
 is amended to read:
53-3-207.
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) "Authorized guardian" means:
(i) the parent or legal guardian of a child who:
(A) is under 18 years old; and
(B) has an invisible condition; or
(ii) the legal guardian or conservator of an adult who:
(A) is 18 years old or older; and
(B) has an invisible condition.
(b) "Driving privilege" means the privilege granted under this chapter to drive a motor
vehicle.
(c) "First responder" means:
(i) a law enforcement officer, as defined in Section 
53-13-103
;
(ii) an emergency medical technician, as defined in Section 
53-2e-101
;
(iii) an advanced emergency medical technician, as defined in Section 
53-2e-101
;
(iv) a paramedic, as defined in Section 
53-2e-101
;
(v) a firefighter, as defined in Section 
53B-8c-102
; or
(vi) a dispatcher, as defined in Section 
53-6-102
.
(d) "Governmental entity" means the state or a political subdivision of the state.
(e) "Health care professional" means:
(i) a licensed physician, physician assistant, nurse practitioner, or mental health
therapist; or
(ii) any other licensed health care professional the division designates by rule made in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(f) "Invisible condition" means a physical or mental condition that may interfere with
an individual's ability to communicate with a first responder, including:
(i) a communication impediment;
(ii) hearing loss;
(iii) blindness or a visual impairment;
(iv) autism spectrum disorder;
(v) a drug allergy;
(vi) Alzheimer's disease or dementia;
(vii) post-traumatic stress disorder;
(viii) traumatic brain injury;
(ix) schizophrenia;
(x) epilepsy;
(xi) a developmental disability;
(xii) Down syndrome;
(xiii) diabetes;
(xiv) a heart condition; or
(xv) any other condition approved by the department.
(g) "Invisible condition identification symbol" means a symbol or alphanumeric code
that indicates that an individual is an individual with an invisible condition.
(h) "Political subdivision" means any county, city, town, school district, public transit
district, community reinvestment agency, special improvement or taxing district, special
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.
(i) "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 individual's signature;
(vii) an indication whether the individual intends to make an anatomical gift under
Title 26B, Chapter 8, Part 3, 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 old on a portrait-style format as required in Subsection
[
(7)(b)
] 
(8)(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) 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) The division shall include an individual's concealed firearm permit number on
the individual's regular license certificate, limited-term license, or commercial driver license if:
(i) the individual requests that the division include the information; and
(ii) the individual holds a valid concealed firearm permit under Title 53, Chapter 5,
Part 7, Concealed Firearm Act.
(b) Within fourteen days after the day on which the individual makes the request
described in Subsection (4)(a)(i), the division shall verify with the Bureau of Criminal
Identification that the individual holds a valid permit described in Subsection (4)(a)(ii).
[
(4)
] 
(5)
 (a) The division shall include or affix an invisible condition identification
symbol on an individual's regular license certificate, limited-term license certificate, or driving
privilege card if the individual or the individual's authorized guardian, on a form prescribed by
the department:
(i) requests the division to include the invisible condition identification symbol;
(ii) provides written verification from a health care professional that the individual is
an individual with an invisible condition; and
(iii) signs a waiver of liability for the release of any medical information to:
(A) the department;
(B) any person who has access to the individual's medical information as recorded on
the individual's driving record or the Utah Criminal Justice Information System under this
chapter;
(C) any other person who may view or receive notice of the individual's medical
information by seeing the individual's regular license certificate, limited-term license
certificate, or driving privilege card or the individual's information in the Utah Criminal Justice
Information System;
(D) a local law enforcement agency that receives a copy of the form described in this
Subsection [
(4)(a)
] 
(5)(a)
 and enters the contents of the form into the local law enforcement
agency's record management system or computer-aided dispatch system; and
(E) a dispatcher who accesses the information regarding the individual's invisible
condition through the use of a local law enforcement agency's record management system or
computer-aided dispatch system.
(b) As part of the form described in Subsection [
(4)(a)
] 
(5)(a)
, the department shall
advise the individual or the individual's authorized guardian that by submitting the signed
waiver, the individual or the individual's authorized guardian consents to the release of the
individual's medical information to any person described in Subsections [
(4)(a)(iii)(A) through
(E)
] 
(5)(a)(iii)(A) through (E)
, even if the person is otherwise ineligible to access the
individual's medical information under state or federal law.
(c) The division may not:
(i) charge a fee to include the invisible condition identification symbol on the
individual's regular license certificate, limited-term license certificate, or driving privilege card;
or
(ii) after including the invisible condition identification symbol on the individual's
previously issued regular license certificate, limited-term license certificate, or driving
privilege card, require the individual to provide subsequent written verification described in
Subsection [
(4)(a)(ii)
] 
(5)(a)(ii)
 to include the invisible condition identification symbol on the
individual's renewed or extended regular license certificate, limited-term license certificate, or
driving privilege card.
(d) The division shall confirm with the Division of Professional Licensing that the
health care professional described in Subsection [
(4)(a)(ii)
] 
(5)(a)(ii)
 holds a current state
license.
(e) The inclusion of an invisible condition identification symbol on an individual's
license certificate, limited-term license certificate, or driving privilege card in accordance with
Subsection [
(4)(a)
] 
(5)(a)
 does not confer any legal rights or privileges on the individual,
including parking privileges for individuals with disabilities under Section 
41-1a-414
.
(f) For each individual issued a regular license certificate, limited-term license
certificate, or driving privilege card under this section that includes an invisible condition
identification symbol, the division shall include in the division's database a brief description of
the nature of the individual's invisible condition in the individual's record and provide the brief
description to the Utah Criminal Justice Information System.
(g) Except as provided in this section, the division may not release the information
described in Subsection [
(4)(f)
] 
(5)(f)
.
(h) Within 30 days after the day on which the division receives an individual's or the
individual's authorized guardian's written request, the division shall:
(i) remove from the individual's record in the division's database the invisible condition
identification symbol and the brief description described in Subsection [
(4)(f)
] 
(5)(f)
; and
(ii) provide the individual's updated record to the Utah Criminal Justice Information
System.
[
(5)
] 
(6)
 As provided in Section 
63G-2-302
, the information described in Subsection
[
(4)(a)
] 
(5)(a)
 is a private record for purposes of Title 63G, Chapter 2, Government Records
Access and Management Act.
[
(6)
] 
(7)
 (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 the division's 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 [
(6)
] 
(7)
 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
the temporary regular license certificate or temporary limited-term license certificate 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 the temporary regular license certificate or
temporary limited-term license certificate is not valid as a temporary license.
(d) (i) Except as provided in Subsection [
(6)(d)(ii)
] 
(7)(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.
[
(7)
] 
(8)
 (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 old 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 old 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 old.
[
(8)
] 
(9)
 The division shall distinguish a limited-term license certificate by clearly
indicating on the document:
(a) that the limited-term license certificate is temporary; and
(b) the limited-term license certificate's expiration date.
[
(9)
] 
(10)
 (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".
[
(10)
] 
(11)
 The provisions of Subsection [
(7)(b)
] 
(8)(b)
 do not apply to a learner
permit, temporary permit, temporary regular license certificate, temporary limited-term license
certificate, or any other temporary permit.
[
(11)
] 
(12)
 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
.
[
(12)
] 
(13)
 (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.
[
(13)
] 
(14)
 An individual who violates Subsection (2)(b) is guilty of an infraction.
[
(14)
] 
(15)
 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 2. Section 
53-3-805
 is amended to read:
53-3-805.
Identification card -- Contents -- Specifications.
(1) As used in this section:
(a) "Authorized guardian" means the same as that term is defined in Section 
53-3-207
.
(b) "Health care professional" means the same as that term is defined in Section
53-3-207
.
(c) "Invisible condition" means the same as that term is defined in Section 
53-3-207
.
(d) "Invisible condition identification symbol" means the same as that term is defined
in Section 
53-3-207
.
(2) (a) The division shall issue an identification card that bears:
(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) a photograph of the individual;
(v) a photograph or other facsimile of the individual's signature;
(vi) an indication whether the individual intends to make an anatomical gift under Title
26B, Chapter 8, Part 3, Revised Uniform Anatomical Gift Act; and
(vii) if the individual states that the 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 individual received 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 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 individual's social
security number or place of birth.
(3) (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.
(4) (a) The division shall include an individual's concealed firearm permit number on
the individual's identification card if:
(i) the individual requests that the division include the information; and
(ii) the individual holds a valid concealed firearm permit under Title 53, Chapter 5,
Part 7, Concealed Firearm Act.
(b) Within fourteen days after the day on which the individual makes the request
described in Subsection (4)(a)(i), the division shall verify with the Bureau of Criminal
Identification that the individual holds a valid permit described in Subsection (4)(a)(ii).
[
(4)
] 
(5)
 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.
[
(5)
] 
(6)
 (a) The division shall include or affix an invisible condition identification
symbol on an individual's identification card if the individual or the individual's authorized
guardian, on a form prescribed by the department:
(i) requests the division to include the invisible condition identification symbol;
(ii) provides written verification from a health care professional that the individual is
an individual with an invisible condition; and
(iii) submits a signed waiver of liability for the release of any medical information to:
(A) the department;
(B) any person who has access to the individual's medical information as recorded on
the individual's driving record or the Utah Criminal Justice Information System under this
chapter;
(C) any other person who may view or receive notice of the individual's medical
information by seeing the individual's identification card or the individual's information in the
Utah Criminal Justice Information System;
(D) a local law enforcement agency that receives a copy of the form described in this
Subsection [
(5)(a)
] 
(6)(a)
 and enters the contents of the form into the local law enforcement
agency's record management system or computer-aided dispatch system; and
(E) a dispatcher who accesses the information regarding the individual's invisible
condition through the use of a local law enforcement agency's record management system or
computer-aided dispatch system.
(b) As part of the form described in Subsection [
(5)(a)
] 
(6)(a)
, the department shall
advise the individual or the individual's authorized guardian that by submitting the request and
signed waiver, the individual or the individual's authorized guardian consents to the release of
the individual's medical information to any person described in Subsection [
(5)(a)(iii)
]
(6)(a)(iii)
, even if the person is otherwise ineligible to access the individual's medical
information under state or federal law.
(c) The division may not:
(i) charge a fee to include the invisible condition identification symbol on the
individual's identification card; or
(ii) after including the invisible condition identification symbol on the individual's
previously issued identification card, require the individual to provide subsequent written
verification described in Subsection [
(5)(a)(ii)
] 
(6)(a)(ii)
 to include the invisible condition
identification symbol on the individual's extended identification card.
(d) The division shall confirm with the Division of Professional Licensing that the
health care professional described in Subsection [
(5)(a)(ii)
] 
(6)(a)(ii)
 holds a current state
license.
(e) The inclusion of an invisible condition identification symbol on an individual's
identification card in accordance with Subsection [
(5)(a)
] 
(6)(a)
 does not confer any legal rights
or privileges on the individual, including parking privileges for individuals with disabilities
under Section 
41-1a-414
.
(f) For each individual issued an identification card under this section that includes an
invisible condition identification symbol, the division shall include in the division's database a
brief description of the nature of the individual's invisible condition in the individual's record
and provide the brief description to the Utah Criminal Justice Information System.
(g) Except as provided in this section, the division may not release the information
described in Subsection [
(5)(f)
] 
(6)(f)
.
(h) Within 30 days after the day on which the division receives an individual's or the
individual's authorized guardian's written request, the division shall:
(i) remove from the individual's record in the division's database the invisible condition
identification symbol and the brief description described in Subsection [
(5)(f)
] 
(6)(f)
; and
(ii) provide the individual's updated record to the Utah Criminal Justice Information
System.
[
(6)
] 
(7)
 As provided in Section 
63G-2-302
, the information described in Subsection
[
(5)(a)
] 
(6)(a)
 is a private record for purposes of Title 63G, Chapter 2, Government Records
Access and Management Act.
[
(7)
] 
(8)
 (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 
26B-8-301
, the names and addresses of all 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.
[
(8)
] 
(9)
 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 individuals who indicate their status as a veteran under
Subsection 
53-3-804
(2)(l).
[
(9)
] 
(10)
 The division and the division's 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.
[
(10)
] 
(11)
 (a) The division may issue a temporary regular identification card to an
individual while the 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 [
(10)
] 
(11)
shall be recognized and grant the individual the same privileges as a regular identification card.
(c) A temporary regular identification card issued under this Subsection [
(10)
] 
(11)
 is
invalid:
(i) when the 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.
(d) The division shall coordinate with the Department of Corrections in providing an
inmate with a temporary regular identification card as described in Section 
64-13-10.6
.
Section 3. 
Effective date.
This bill takes effect on May 1, 2024.