FRIENDS:
THE COMMITTEE JUST VOTED IN FAVOR OF REVOKING THE DRIVING PRIVILEGE CARD BY 4-1.
MORE INFO LATER
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S.B. 138
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7 LONG TITLE
8 General Description:
9 This bill amends driver license and driving privilege card provisions.
10 Highlighted Provisions:
11 This bill:
12 . repeals the use of a temporary identification number (ITIN) issued by the Internal
13 Revenue Service for purposes of obtaining a driving privilege card issued by the
14 Driver License Division;
15 . expires all driving privilege cards on December 31, 2011;
16 . prohibits the Driver License Division from issuing a driving privilege card; and
17 . makes technical changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 This bill provides an effective date.
22 Utah Code Sections Affected:
23 AMENDS:
24 32B-1-102 (Effective 07/01/11), as enacted by Laws of Utah 2010, Chapter 276
25 32B-1-406 (Effective 07/01/11), as enacted by Laws of Utah 2010, Chapter 276
26 41-1a-110, as last amended by Laws of Utah 2008, Chapter 322
27 41-1a-1220, as last amended by Laws of Utah 2008, Chapter 322
28
29 46-1-2, as last amended by Laws of Utah 2009, Chapter 315
30 53-3-102, as last amended by Laws of Utah 2009, Chapters 45, 315, and 356
31 53-3-205, as last amended by Laws of Utah 2010, Chapter 95
32 53-3-207 (Effective 07/01/11), as last amended by Laws of Utah 2010, Chapter 276
33 53-3-214, as last amended by Laws of Utah 2009, Chapter 315
34 53-3-221, as last amended by Laws of Utah 2008, Chapters 322 and 382
35 58-37c-10, as last amended by Laws of Utah 2008, Chapter 322
36 63G-11-102, as last amended by Laws of Utah 2010, Chapter 281
37 76-10-526, as last amended by Laws of Utah 2010, Chapter 62
38
39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 32B-1-102 (Effective 07/01/11) is amended to read:
41 32B-1-102 (Effective 07/01/11). Definitions.
42 As used in this title:
43 (1) "Airport lounge" means a business location:
44 (a) at which an alcoholic product is sold at retail for consumption on the premises; and
45 (b) that is located at an international airport with a United States Customs office on the
46 premises of the international airport.
47 (2) "Airport lounge license" means a license issued in accordance with Chapter 5,
48 Retail License Act, and Chapter 6, Part 5, Airport Lounge License.
49 (3) "Alcoholic beverage" means the following:
50 (a) beer; or
51 (b) liquor.
52 (4) (a) "Alcoholic product" means a product that:
53 (i) contains at least .5% of alcohol by volume; and
54 (ii) is obtained by fermentation, infusion, decoction, brewing, distillation, or other
55 process that uses liquid or combinations of liquids, whether drinkable or not, to create alcohol
56 in an amount equal to or greater than .5% of alcohol by volume.
57 (b) "Alcoholic product" includes an alcoholic beverage.
58 (c) "Alcoholic product" does not include any of the following common items that
59
60 (i) except as provided in Subsection (4)(d), an extract;
61 (ii) vinegar;
62 (iii) cider;
63 (iv) essence;
64 (v) tincture;
65 (vi) food preparation; or
66 (vii) an over-the-counter medicine.
67 (d) "Alcoholic product" includes an extract containing alcohol obtained by distillation
68 when it is used as a flavoring in the manufacturing of an alcoholic product.
69 (5) "Alcohol training and education seminar" means a seminar that is:
70 (a) required by Chapter 5, Part 4, Alcohol Training and Education Act; and
71 (b) described in Section 62A-15-401 .
72 (6) "Banquet" means an event:
73 (a) that is held at one or more designated locations approved by the commission in or
74 on the premises of a:
75 (i) hotel;
76 (ii) resort facility;
77 (iii) sports center; or
78 (iv) convention center;
79 (b) for which there is a contract:
80 (i) between a person operating a facility listed in Subsection (6)(a) and another person;
81 and
82 (ii) under which the person operating a facility listed in Subsection (6)(a) is required to
83 provide an alcoholic product at the event; and
84 (c) at which food and alcoholic products may be sold, offered for sale, or furnished.
85 (7) (a) Subject to Subsection (7)(b), "bar" means a counter or similar structure:
86 (i) at which an alcoholic product is:
87 (A) stored; or
88 (B) dispensed; or
89 (ii) from which an alcoholic product is served.
90
91 license, "bar structure" means a surface or structure on the premises of a restaurant if on or at
92 any place of the surface or structure an alcoholic product is:
93 (i) stored; or
94 (ii) dispensed.
95 (8) (a) Subject to Subsection (8)(d), "beer" means a product that:
96 (i) contains at least .5% of alcohol by volume, but not more than 4% of alcohol by
97 volume or 3.2% by weight; and
98 (ii) is obtained by fermentation, infusion, or decoction of malted grain.
99 (b) "Beer" may or may not contain hops or other vegetable products.
100 (c) "Beer" includes a product that:
101 (i) contains alcohol in the percentages described in Subsection (8)(a); and
102 (ii) is referred to as:
103 (A) beer;
104 (B) ale;
105 (C) porter;
106 (D) stout;
107 (E) lager; or
108 (F) a malt or malted beverage.
109 (d) "Beer" does not include a flavored malt beverage.
110 (9) "Beer retailer" means a business:
111 (a) that is engaged, primarily or incidentally, in the retail sale of beer to a patron,
112 whether for consumption on or off the business premises; and
113 (b) to whom a license is issued:
114 (i) for an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-premise
115 Beer Retailer Local Authority; or
116 (ii) for an on-premise beer retailer, in accordance with Chapter 5, Retail License Act,
117 and Chapter 6, Part 7, On-premise Beer Retailer License.
118 (10) "Beer wholesaling license" means a license:
119 (a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
120 (b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more
121
122 (11) "Billboard" means a public display used to advertise, including:
123 (a) a light device;
124 (b) a painting;
125 (c) a drawing;
126 (d) a poster;
127 (e) a sign;
128 (f) a signboard; or
129 (g) a scoreboard.
130 (12) "Brewer" means a person engaged in manufacturing:
131 (a) beer;
132 (b) heavy beer; or
133 (c) a flavored malt beverage.
134 (13) "Brewery manufacturing license" means a license issued in accordance with
135 Chapter 11, Part 5, Brewery Manufacturing License.
136 (14) "Certificate of approval" means a certificate of approval obtained from the
137 department under Subsection 32B-11-201 (4).
138 (15) "Chartered bus" means a passenger bus, coach, or other motor vehicle provided by
139 a bus company to a group of persons pursuant to a common purpose:
140 (a) under a single contract;
141 (b) at a fixed charge in accordance with the bus company's tariff; and
142 (c) to give the group of persons the exclusive use of the passenger bus, coach, or other
143 motor vehicle, and a driver to travel together to one or more specified destinations.
144 (16) "Church" means a building:
145 (a) set apart for worship;
146 (b) in which religious services are held;
147 (c) with which clergy is associated; and
148 (d) that is tax exempt under the laws of this state.
149 (17) (a) "Club license" means a license issued in accordance with Chapter 5, Retail
150 License Act, and Chapter 6, Part 4, Club License.
151 (b) "Club license" includes:
152
153 (ii) an equity club license;
154 (iii) a fraternal club license; or
155 (iv) a social club license.
156 (18) "Commission" means the Alcoholic Beverage Control Commission created in
157 Section 32B-2-201 .
158 (19) "Commissioner" means a member of the commission.
159 (20) "Community location" means:
160 (a) a public or private school;
161 (b) a church;
162 (c) a public library;
163 (d) a public playground; or
164 (e) a public park.
165 (21) "Community location governing authority" means:
166 (a) the governing body of the community location; or
167 (b) if the commission does not know who is the governing body of a community
168 location, a person who appears to the commission to have been given on behalf of the
169 community location the authority to prohibit an activity at the community location.
170 (22) "Convention center" means a facility that is:
171 (a) in total at least 30,000 square feet; and
172 (b) otherwise defined as a "convention center" by the commission by rule.
173 (23) For purposes of a full-service restaurant license or limited-service restaurant
174 license:
175 (a) subject to Subsection (23)(b), "counter" means a surface or structure in a dining
176 area of a restaurant where seating is provided to a patron for service of food; and
177 (b) "counter" does not include a surface or structure if on or at any point of the surface
178 or structure an alcoholic product is:
179 (i) stored; or
180 (ii) dispensed.
181 (24) "Department" means the Department of Alcoholic Beverage Control created in
182 Section 32B-2-203 .
183
184 (a) an auditor or inspector; and
185 (b) employed by the department.
186 (26) "Department sample" means liquor that is placed in the possession of the
187 department for testing, analysis, and sampling.
188 (27) "Dining club license" means a license issued in accordance with Chapter 5, Retail
189 License Act, and Chapter 6, Part 4, Club License, that is designated by the commission as a
190 dining club license.
191 (28) "Director," unless the context requires otherwise, means the director of the
192 department.
193 (29) "Disciplinary proceeding" means an adjudicative proceeding permitted under this
194 title:
195 (a) against a person subject to administrative action; and
196 (b) that is brought on the basis of a violation of this title.
197 (30) For purposes of a full-service restaurant license or a limited-service restaurant
198 license, "dispense" means:
199 (a) drawing of an alcoholic product:
200 (i) from an area where it is stored; or
201 (ii) as provided in Subsection 32B-6-205 (12)(b)(ii) or 32B-6-305 (12)(b)(ii); and
202 (b) using the alcoholic product described in Subsection (29)(a) on the premises of the
203 restaurant to mix or prepare an alcoholic product to be furnished to a patron of the restaurant.
204 (31) "Distillery manufacturing license" means a license issued in accordance with
205 Chapter 11, Part 4, Distillery Manufacturing License.
206 (32) "Distressed merchandise" means an alcoholic product in the possession of the
207 department that is saleable, but for some reason is unappealing to the public.
208 (33) "Educational facility" includes:
209 (a) a nursery school;
210 (b) an infant day care center; and
211 (c) a trade and technical school.
212 (34) "Equity club license" means a license issued in accordance with Chapter 5, Retail
213 License Act, and Chapter 6, Part 4, Club License, that is designated by the commission as an
214
215 (35) "Event permit" means:
216 (a) a single event permit; or
217 (b) a temporary beer event permit.
218 (36) (a) "Flavored malt beverage" means a beverage:
219 (i) that contains at least .5% alcohol by volume;
220 (ii) that is treated by processing, filtration, or another method of manufacture that is not
221 generally recognized as a traditional process in the production of a beer as described in 27
222 C.F.R. Sec. 25.55;
223 (iii) to which is added a flavor or other ingredient containing alcohol, except for a hop
224 extract; and
225 (iv) (A) for which the producer is required to file a formula for approval with the
226 federal Alcohol and Tobacco Tax and Trade Bureau pursuant to 27 C.F.R. Sec. 25.55; or
227 (B) that is not exempt under Subdivision (f) of 27 C.F.R. Sec. 25.55.
228 (b) "Flavored malt beverage" is considered liquor for purposes of this title.
229 (37) "Fraternal club license" means a license issued in accordance with Chapter 5,
230 Retail License Act, and Chapter 6, Part 4, Club License, that is designated by the commission
231 as a fraternal club license.
232 (38) "Full-service restaurant license" means a license issued in accordance with
233 Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-service Restaurant License.
234 (39) (a) "Furnish" means by any means to provide with, supply, or give an individual
235 an alcoholic product, by sale or otherwise.
236 (b) "Furnish" includes to:
237 (i) serve;
238 (ii) deliver; or
239 (iii) otherwise make available.
240 (40) "Guest" means an individual who meets the requirements of Subsection
241 32B-6-407 (9).
242 (41) "Health care practitioner" means:
243 (a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
244 (b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
245
246 (d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapist
247 Practice Act;
248 (e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b,
249 Nurse Practice Act;
250 (f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy
251 Practice Act;
252 (g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
253 Therapy Practice Act;
254 (h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
255 (i) a mental health professional licensed under Title 58, Chapter 60, Mental Health
256 Professional Practice Act;
257 (j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
258 (k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical
259 Practice Act;
260 (l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental
261 Hygienist Practice Act; and
262 (m) a physician assistant licensed under Title 58, Chapter 70a, Physician Assistant Act.
263 (42) (a) "Heavy beer" means a product that:
264 (i) contains more than 4% alcohol by volume; and
265 (ii) is obtained by fermentation, infusion, or decoction of malted grain.
266 (b) "Heavy beer" is considered liquor for the purposes of this title.
267 (43) "Hotel" is as defined by the commission by rule.
268 (44) "Identification card" means an identification card issued under Title 53, Chapter 3,
269 Part 8, Identification Card Act.
270 (45) "Industry representative" means an individual who is compensated by salary,
271 commission, or other means for representing and selling an alcoholic product of a
272 manufacturer, supplier, or importer of liquor.
273 (46) "Industry representative sample" means liquor that is placed in the possession of
274 the department for testing, analysis, and sampling by a local industry representative on the
275 premises of the department to educate the local industry representative of the quality and
276
277 (47) "Interdicted person" means a person to whom the sale, offer for sale, or furnishing
278 of an alcoholic product is prohibited by:
279 (a) law; or
280 (b) court order.
281 (48) "Intoxicated" means that a person:
282 (a) is significantly impaired as to the person's mental or physical functions as a result of
283 the use of:
284 (i) an alcoholic product;
285 (ii) a controlled substance;
286 (iii) a substance having the property of releasing toxic vapors; or
287 (iv) a combination of Subsections (48)(a)(i) through (iii); and
288 (b) exhibits plain and easily observed outward manifestations of behavior or physical
289 signs produced by the over consumption of an alcoholic product.
290 (49) "Investigator" means an individual who is:
291 (a) a department compliance officer; or
292 (b) a nondepartment enforcement officer.
293 (50) "Invitee" is as defined in Section 32B-8-102 .
294 (51) "License" means:
295 (a) a retail license;
296 (b) a license issued in accordance with Chapter 11, Manufacturing and Related
297 Licenses Act;
298 (c) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
299 or
300 (d) a license issued in accordance with Chapter 13, Beer Wholesaling License Act.
301 (52) "Licensee" means a person who holds a license.
302 (53) "Limited-service restaurant license" means a license issued in accordance with
303 Chapter 5, Retail License Act, and Chapter 6, Part 3, Limited-service Restaurant License.
304 (54) "Limousine" means a motor vehicle licensed by the state or a local authority, other
305 than a bus or taxicab:
306 (a) in which the driver and a passenger are separated by a partition, glass, or other
307
308 (b) that is provided by a business entity to one or more individuals at a fixed charge in
309 accordance with the business entity's tariff; and
310 (c) to give the one or more individuals the exclusive use of the limousine and a driver
311 to travel to one or more specified destinations.
312 (55) (a) (i) "Liquor" means a liquid that:
313 (A) is:
314 (I) alcohol;
315 (II) an alcoholic, spirituous, vinous, fermented, malt, or other liquid;
316 (III) a combination of liquids a part of which is spirituous, vinous, or fermented; or
317 (IV) other drink or drinkable liquid; and
318 (B) (I) contains at least .5% alcohol by volume; and
319 (II) is suitable to use for beverage purposes.
320 (ii) "Liquor" includes:
321 (A) heavy beer;
322 (B) wine; and
323 (C) a flavored malt beverage.
324 (b) "Liquor" does not include beer.
325 (56) "Liquor Control Fund" means the enterprise fund created by Section 32B-2-301 .
326 (57) "Liquor warehousing license" means a license that is issued:
327 (a) in accordance with Chapter 12, Liquor Warehousing License Act; and
328 (b) to a person, other than a licensed manufacturer, who engages in the importation for
329 storage, sale, or distribution of liquor regardless of amount.
330 (58) "Local authority" means:
331 (a) for premises that are located in an unincorporated area of a county, the governing
332 body of a county; or
333 (b) for premises that are located in an incorporated city or a town, the governing body
334 of the city or town.
335 (59) "Lounge or bar area" is as defined by rule made by the commission.
336 (60) "Manufacture" means to distill, brew, rectify, mix, compound, process, ferment, or
337 otherwise make an alcoholic product for personal use or for sale or distribution to others.
338
339 in an equity club licensee or fraternal club licensee.
340 (62) (a) "Military installation" means a base, air field, camp, post, station, yard, center,
341 or homeport facility for a ship:
342 (i) (A) under the control of the United States Department of Defense; or
343 (B) of the National Guard;
344 (ii) that is located within the state; and
345 (iii) including a leased facility.
346 (b) "Military installation" does not include a facility used primarily for:
347 (i) civil works;
348 (ii) a rivers and harbors project; or
349 (iii) a flood control project.
350 (63) "Minor" means an individual under the age of 21 years.
351 (64) "Nondepartment enforcement agency" means an agency that:
352 (a) (i) is a state agency other than the department; or
353 (ii) is an agency of a county, city, or town; and
354 (b) has a responsibility to enforce one or more provisions of this title.
355 (65) "Nondepartment enforcement officer" means an individual who is:
356 (a) a peace officer, examiner, or investigator; and
357 (b) employed by a nondepartment enforcement agency.
358 (66) (a) "Off-premise beer retailer" means a beer retailer who is:
359 (i) licensed in accordance with Chapter 7, Part 2, Off-premise Beer Retailer Local
360 Authority; and
361 (ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's
362 premises.
363 (b) "Off-premise beer retailer" does not include an on-premise beer retailer.
364 (67) "On-premise banquet license" means a license issued in accordance with Chapter
365 5, Retail License Act, and Chapter 6, Part 6, On-premise Banquet License.
366 (68) "On-premise beer retailer" means a beer retailer who is:
367 (a) authorized to sell, offer for sale, or furnish beer under a license issued in
368 accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-premise Beer
369
370 (b) engaged in the sale of beer to a patron for consumption on the beer retailer's
371 premises, regardless of whether the beer retailer sells beer for consumption off the licensed
372 premises.
373 (69) "Package" means any of the following containing an alcoholic product:
374 (a) a container;
375 (b) a bottle;
376 (c) a vessel; or
377 (d) other receptacle.
378 (70) "Package agency" means a retail liquor location operated:
379 (a) under an agreement with the department; and
380 (b) by a person:
381 (i) other than the state; and
382 (ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package
383 Agency, to sell packaged liquor for consumption off the premises of the package agency.
384 (71) "Package agent" means a person who holds a package agency.
385 (72) "Patron" means an individual to whom food, beverages, or services are sold,
386 offered for sale, or furnished, or who consumes an alcoholic product including:
387 (a) a customer;
388 (b) a member;
389 (c) a guest;
390 (d) an attendee of a banquet or event;
391 (e) an individual who receives room service;
392 (f) a resident of a resort;
393 (g) a public customer under a resort spa sublicense, as defined in Section 32B-8-102 ;
394 or
395 (h) an invitee.
396 (73) "Permittee" means a person issued a permit under:
397 (a) Chapter 9, Event Permit Act; or
398 (b) Chapter 10, Special Use Permit Act.
399 (74) "Person subject to administrative action" means:
400
401 (b) a permittee;
402 (c) a manufacturer;
403 (d) a supplier;
404 (e) an importer;
405 (f) an out-of-state brewer holding a certificate of approval; or
406 (g) staff of:
407 (i) a person listed in Subsections (74)(a) through (g); or
408 (ii) a package agent.
409 (75) "Premises" means a building, enclosure, or room used in connection with the
410 storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product,
411 unless otherwise defined in this title or rules made by the commission.
412 (76) "Prescription" means an order issued by a health care practitioner when:
413 (a) the health care practitioner is licensed under Title 58, Occupations and Professions,
414 to prescribe a controlled substance, other drug, or device for medicinal purposes;
415 (b) the order is made in the course of that health care practitioner's professional
416 practice; and
417 (c) the order is made for obtaining an alcoholic product for medicinal purposes only.
418 (77) (a) "Private event" means a specific social, business, or recreational event:
419 (i) for which an entire room, area, or hall is leased or rented in advance by an identified
420 group; and
421 (ii) that is limited in attendance to people who are specifically designated and their
422 guests.
423 (b) "Private event" does not include an event to which the general public is invited,
424 whether for an admission fee or not.
425 (78) [
426 [
427 [
428 [
429 [
430 identification is issued;
431
432 [
433 [
434 [
435 [
436 [
437 [
438 [
439 [
440 [
441 [
442 [
443 [
444
445 (79) (a) "Public building" means a building or permanent structure that is:
446 (i) owned or leased by:
447 (A) the state; or
448 (B) a local government entity; and
449 (ii) used for:
450 (A) public education;
451 (B) transacting public business; or
452 (C) regularly conducting government activities.
453 (b) "Public building" does not include a building owned by the state or a local
454 government entity when the building is used by a person, in whole or in part, for a proprietary
455 function.
456 (80) "Public conveyance" means a conveyance to which the public or a portion of the
457 public has access to and a right to use for transportation, including an airline, railroad, bus,
458 boat, or other public conveyance.
459 (81) (a) "Record" means information that is:
460 (i) inscribed on a tangible medium; or
461 (ii) stored in an electronic or other medium and is retrievable in a perceivable form.
462
463 (i) a book;
464 (ii) a book of account;
465 (iii) a paper;
466 (iv) a contract;
467 (v) an agreement;
468 (vi) a document; or
469 (vii) a recording in any medium.
470 (82) "Residence" means a person's principal place of abode within Utah.
471 (83) "Resident," in relation to a resort, is as defined in Section 32B-8-102 .
472 (84) "Resort" is as defined in Section 32B-8-102 .
473 (85) "Resort facility" is as defined by the commission by rule.
474 (86) "Resort license" means a license issued in accordance with Chapter 5, Retail
475 License Act, and Chapter 8, Resort License Act.
476 (87) "Restaurant" means a business location:
477 (a) at which a variety of foods are prepared;
478 (b) at which complete meals are served to the general public; and
479 (c) that is engaged primarily in serving meals to the general public.
480 (88) "Retail license" means one of the following licenses issued under this title:
481 (a) a full-service restaurant license;
482 (b) a limited-service restaurant license;
483 (c) a club license;
484 (d) an airport lounge license;
485 (e) an on-premise banquet license; or
486 (f) an on-premise beer license.
487 (89) "Room service" means furnishing an alcoholic product to a person in a guest room
488 of a:
489 (a) hotel; or
490 (b) resort facility.
491 (90) "Serve" means to place an alcoholic product before an individual.
492 (91) (a) "School" means a building used primarily for the general education of minors.
493
494 (92) "Sell" or "offer for sale" means a transaction, exchange, or barter whereby, for
495 consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered,
496 delivered for value, or by a means or under a pretext is promised or obtained, whether done by
497 a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules
498 made by the commission.
499 (93) "Sexually oriented entertainer" means a person who while in a state of seminudity
500 appears at or performs:
501 (a) for the entertainment of one or more patrons;
502 (b) on the premises of:
503 (i) a social club licensee; or
504 (ii) a tavern;
505 (c) on behalf of or at the request of the licensee described in Subsection (93)(b);
506 (d) on a contractual or voluntary basis; and
507 (e) whether or not the person is designated as:
508 (i) an employee;
509 (ii) an independent contractor;
510 (iii) an agent of the licensee; or
511 (iv) a different type of classification.
512 (94) "Single event permit" means a permit issued in accordance with Chapter 9, Part 3,
513 Single Event Permit.
514 (95) "Small brewer" means a brewer who manufactures less than 60,000 barrels of
515 beer, heavy beer, and flavored malt beverages per year.
516 (96) "Social club license" means a license issued in accordance with Chapter 5, Retail
517 License Act, and Chapter 6, Part 4, Club License, that is designated by the commission as a
518 social club license.
519 (97) "Special use permit" means a permit issued in accordance with Chapter 10,
520 Special Use Permit Act.
521 (98) (a) "Spirituous liquor" means liquor that is distilled.
522 (b) "Spirituous liquor" includes an alcoholic product defined as a "distilled spirit" by
523 27 U.S.C. Sec. 211 and 27 C.F.R. Sec. 5.11 through 5.23.
524
525 (100) (a) "Staff" means an individual who engages in activity governed by this title:
526 (i) on behalf of a business, including a package agent, licensee, permittee, or certificate
527 holder;
528 (ii) at the request of the business, including a package agent, licensee, permittee, or
529 certificate holder; or
530 (iii) under the authority of the business, including a package agent, licensee, permittee,
531 or certificate holder.
532 (b) "Staff" includes:
533 (i) an officer;
534 (ii) a director;
535 (iii) an employee;
536 (iv) personnel management;
537 (v) an agent of the licensee, including a managing agent;
538 (vi) an operator; or
539 (vii) a representative.
540 (101) "State of nudity" means:
541 (a) the appearance of:
542 (i) the nipple or areola of a female human breast;
543 (ii) a human genital;
544 (iii) a human pubic area; or
545 (iv) a human anus; or
546 (b) a state of dress that fails to opaquely cover:
547 (i) the nipple or areola of a female human breast;
548 (ii) a human genital;
549 (iii) a human pubic area; or
550 (iv) a human anus.
551 (102) "State of seminudity" means a state of dress in which opaque clothing covers no
552 more than:
553 (a) the nipple and areola of the female human breast in a shape and color other than the
554 natural shape and color of the nipple and areola; and
555
556 (i) with no less than the following at its widest point:
557 (A) four inches coverage width in the front of the human body; and
558 (B) five inches coverage width in the back of the human body; and
559 (ii) with coverage that does not taper to less than one inch wide at the narrowest point.
560 (103) (a) "State store" means a facility for the sale of packaged liquor:
561 (i) located on premises owned or leased by the state; and
562 (ii) operated by a state employee.
563 (b) "State store" does not include:
564 (i) a package agency;
565 (ii) a licensee; or
566 (iii) a permittee.
567 (104) For purposes of a full-service restaurant license or a limited-service restaurant
568 license:
569 (a) "Storage area" means an area on licensed premises where the licensee stores an
570 alcoholic product.
571 (b) "Store" means to place or maintain in a location an alcoholic product from which a
572 person draws to prepare an alcoholic product to be furnished to a patron of the restaurant,
573 except as provided in Subsection 32B-6-205 (12)(b)(ii) or 32B-6-305 (12)(b)(ii).
574 (105) "Sublicense" is as defined in Section 32B-8-102 .
575 (106) "Supplier" means a person who sells an alcoholic product to the department.
576 (107) "Tavern" means an on-premise beer retailer who is:
577 (a) issued a license by the commission in accordance with Chapter 5, Retail License
578 Act, and Chapter 6, Part 7, On-premise Beer Retailer License; and
579 (b) designated by the commission as a tavern in accordance with Chapter 6, Part 7,
580 On-premise Beer Retailer License.
581 (108) "Temporary beer event permit" means a permit issued in accordance with
582 Chapter 9, Part 4, Temporary Beer Event Permit.
583 (109) "Temporary domicile" means the principal place of abode within Utah of a
584 person who does not have a present intention to continue residency within Utah permanently or
585 indefinitely.
586
587 (a) is unsaleable because the package is:
588 (i) unlabeled;
589 (ii) leaky;
590 (iii) damaged;
591 (iv) difficult to open; or
592 (v) partly filled;
593 (b) (i) has faded labels or defective caps or corks;
594 (ii) has contents that are:
595 (A) cloudy;
596 (B) spoiled; or
597 (C) chemically determined to be impure; or
598 (iii) contains:
599 (A) sediment; or
600 (B) a foreign substance; or
601 (c) is otherwise considered by the department as unfit for sale.
602 (111) (a) "Wine" means an alcoholic product obtained by the fermentation of the
603 natural sugar content of fruits, plants, honey, or milk, or other like substance, whether or not
604 another ingredient is added.
605 (b) "Wine" is considered liquor for purposes of this title, except as otherwise provided
606 in this title.
607 (112) "Winery manufacturing license" means a license issued in accordance with
608 Chapter 11, Part 3, Winery Manufacturing License.
609 Section 2. Section 32B-1-406 (Effective 07/01/11) is amended to read:
610 32B-1-406 (Effective 07/01/11). Acceptance of identification.
611 (1) An authorized person may accept as evidence of the legal age of the individual
612 presenting the following:
613 (a) proof of age; or
614 (b) if a statement of age is required under Section 32B-1-405 :
615 (i) proof of age; and
616 (ii) a statement of age.
617
618 Section 32B-1-405 , may be offered as a defense in a case when there is at issue the legality of:
619 (a) selling, offering for sale, or furnishing an alcoholic product to the individual who
620 signed the statement of age;
621 (b) admitting the individual who signed the statement of age into a restricted area; or
622 (c) allowing the individual who signed the statement of age to be employed in
623 employment that under this title may not be obtained by a minor.
624 [
625
626 Section 3. Section 41-1a-110 is amended to read:
627 41-1a-110. Authority of division to suspend or revoke registration, certificate of
628 title, license plate, or permit.
629 (1) Except as provided in Subsections (3) and (4), the division may suspend or revoke
630 a registration, certificate of title, license plate, or permit if:
631 (a) the division is satisfied that a registration, certificate of title, license plate, or permit
632 was fraudulently procured or erroneously issued;
633 (b) the division determines that a registered vehicle is mechanically unfit or unsafe to
634 be operated or moved upon the highways;
635 (c) a registered vehicle has been dismantled;
636 (d) the division determines that the required fee has not been paid and the fee is not
637 paid upon reasonable notice and demand;
638 (e) a registration decal, license plate, or permit is knowingly displayed upon a vehicle
639 other than the one for which issued;
640 (f) the division determines that the owner has committed any offense under this chapter
641 involving the registration, certificate of title, registration card, license plate, registration decal,
642 or permit; or
643 (g) the division receives notification by the Department of Transportation that the
644 owner has committed any offence under Title 72, Chapter 9, Motor Carrier Safety Act.
645 (2) [
646 notification by the:
647 [
648
649 Section 41-12a-301 or 41-12a-303.2 ; or
650 [
651 operating a registered motor vehicle in violation of Section 41-12a-301 ; or
652 [
653 [
654 designated agent after the second notice provided under Section 41-12a-804 ; or
655 [
656 [
657
658 (3) The division may not suspend or revoke the registration of a vessel or outboard
659 motor unless authorized under Section 73-18-7.3 .
660 (4) The division may not suspend or revoke the registration of an off-highway vehicle
661 unless authorized under Section 41-22-17 .
662 (5) The division shall charge a registration reinstatement fee under Section 41-1a-1220 ,
663 if the registration is revoked under Subsection (1)(f).
664 Section 4. Section 41-1a-1220 is amended to read:
665 41-1a-1220. Registration reinstatement fee.
666 (1) At the time application is made for reinstatement or renewal of registration of a
667 motor vehicle after a revocation of the registration under Subsection 41-1a-110 (2), the
668 applicant shall pay a registration reinstatement fee of $100.
669 (2) The fee imposed under Subsection (1):
670 (a) is in addition to any other fee imposed under this chapter; and
671 (b) shall be deposited in the Uninsured Motorist Identification Restricted Account
672 created in Section 41-12a-806 .
673 (3) The division shall waive the registration reinstatement fee imposed under this
674 section if:
675 (a) the registration was revoked under Subsection 41-1a-110 (2)[
676 (b) a person had owner's or operator's security in effect for the vehicle at the time of the
677 alleged violation or on the day following the time limit provided after the second notice under
678 Subsection 41-12a-804 (2).
679
680 41-12a-806. Restricted Account -- Creation -- Funding -- Interest -- Purposes.
681 (1) There is created within the Transportation Fund a restricted account known as the
682 "Uninsured Motorist Identification Restricted Account."
683 (2) The account consists of money generated from the following revenue sources:
684 (a) money received by the state under Section 41-1a-1218 , the uninsured motorist
685 identification fee;
686 (b) money received by the state under Section 41-1a-1220 ; and
687 (c) appropriations made to the account by the Legislature.
688 (3) (a) The account shall earn interest.
689 (b) All interest earned on account money shall be deposited into the account.
690 (4) Money shall be appropriated from the account by the Legislature to:
691 (a) the department to fund the contract with the designated agent;
692 (b) the department to offset the costs to state and local law enforcement agencies of
693 using the information for the purposes authorized under this part; and
694 (c) the Tax Commission to offset the costs to the Motor Vehicle Division for revoking
695 and reinstating vehicle registrations under Subsection 41-1a-110 (2)[
696 Section 6. Section 46-1-2 is amended to read:
697 46-1-2. Definitions.
698 As used in this chapter:
699 (1) "Acknowledgment" means a notarial act in which a notary certifies that a signer,
700 whose identity is personally known to the notary or proven on the basis of satisfactory
701 evidence, has admitted, in the presence of the notary, to voluntarily signing a document for the
702 document's stated purpose.
703 (2) "Commission" means:
704 (a) to empower to perform notarial acts; and
705 (b) the written authority to perform those acts.
706 (3) "Copy certification" means a notarial act in which a notary certifies that a
707 photocopy is an accurate copy of a document that is neither a public record nor publicly
708 recorded.
709 (4) "Electronic signature" has the same meaning as provided under Section 46-4-102 .
710
711 is personally known to the notary or proven on the basis of satisfactory evidence, has made, in
712 the notary's presence, a voluntary signature and taken an oath or affirmation vouching for the
713 truthfulness of the signed document.
714 (6) "Notarial act" and "notarization" mean any act that a notary is empowered to
715 perform under this section.
716 (7) "Notarial certificate" means the part of or attachment to a notarized document for
717 completion by the notary and bearing the notary's signature and seal.
718 (8) "Notary" means any person commissioned to perform notarial acts under this
719 chapter.
720 (9) "Oath" or "affirmation" means a notarial act in which a notary certifies that a person
721 made a vow or affirmation in the presence of the notary on penalty of perjury.
722 (10) "Official misconduct" means a notary's performance of any act prohibited or
723 failure to perform any act mandated by this chapter or by any other law in connection with a
724 notarial act.
725 (11) "Personal knowledge of identity" means familiarity with an individual resulting
726 from interactions with that individual over a period of time sufficient to eliminate every
727 reasonable doubt that the individual has the identity claimed.
728 (12) (a) "Satisfactory evidence of identity" means identification of an individual based
729 on:
730 (i) valid personal identification with the individual's photograph, signature, and
731 physical description issued by the United States government, any state within the United States,
732 or a foreign government;
733 (ii) a valid passport issued by any nation; or
734 (iii) the oath or affirmation of a credible person who is personally known to the notary
735 and who personally knows the individual.
736 (b) "Satisfactory evidence of identity" does not include[
737
738 identification.
739 Section 7. Section 53-3-102 is amended to read:
740 53-3-102. Definitions.
741
742 (1) "Cancellation" means the termination by the division of a license issued through
743 error or fraud or for which consent under Section 53-3-211 has been withdrawn.
744 (2) "Class D license" means the class of license issued to drive motor vehicles not
745 defined as commercial motor vehicles or motorcycles under this chapter.
746 (3) "Commercial driver license" or "CDL" means a license:
747 (a) issued substantially in accordance with the requirements of Title XII, Pub. L.
748 99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
749 Uniform Commercial Driver License Act, which authorizes the holder to drive a class of
750 commercial motor vehicle; and
751 (b) that was obtained by providing evidence of lawful presence in the United States
752 with one of the document requirements described in Subsection 53-3-410 (1)(i)(i).
753 (4) (a) "Commercial motor vehicle" means a motor vehicle or combination of motor
754 vehicles designed or used to transport passengers or property if the motor vehicle:
755 (i) has a gross vehicle weight rating of 26,001 or more pounds or a lesser rating as
756 determined by federal regulation;
757 (ii) is designed to transport 16 or more passengers, including the driver; or
758 (iii) is transporting hazardous materials and is required to be placarded in accordance
759 with 49 C.F.R. Part 172, Subpart F.
760 (b) The following vehicles are not considered a commercial motor vehicle for purposes
761 of Part 4, Uniform Commercial Driver License Act:
762 (i) equipment owned and operated by the United States Department of Defense when
763 driven by any active duty military personnel and members of the reserves and national guard on
764 active duty including personnel on full-time national guard duty, personnel on part-time
765 training, and national guard military technicians and civilians who are required to wear military
766 uniforms and are subject to the code of military justice;
767 (ii) vehicles controlled and driven by a farmer to transport agricultural products, farm
768 machinery, or farm supplies to or from a farm within 150 miles of his farm but not in operation
769 as a motor carrier for hire;
770 (iii) firefighting and emergency vehicles; and
771 (iv) recreational vehicles that are not used in commerce and are driven solely as family
772
773 (5) "Conviction" means any of the following:
774 (a) an unvacated adjudication of guilt or a determination that a person has violated or
775 failed to comply with the law in a court of original jurisdiction or an administrative proceeding;
776 (b) an unvacated forfeiture of bail or collateral deposited to secure a person's
777 appearance in court;
778 (c) a plea of guilty or nolo contendere accepted by the court;
779 (d) the payment of a fine or court costs; or
780 (e) violation of a condition of release without bail, regardless of whether the penalty is
781 rebated, suspended, or probated.
782 (6) "Denial" or "denied" means the withdrawal of a driving privilege by the division to
783 which the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or Operator's Security,
784 do not apply.
785 (7) "Director" means the division director appointed under Section 53-3-103 .
786 (8) "Disqualification" means either:
787 (a) the suspension, revocation, cancellation, denial, or any other withdrawal by a state
788 of a person's privileges to drive a commercial motor vehicle;
789 (b) a determination by the Federal Highway Administration, under 49 C.F.R. Part 386,
790 that a person is no longer qualified to drive a commercial motor vehicle under 49 C.F.R. Part
791 391; or
792 (c) the loss of qualification that automatically follows conviction of an offense listed in
793 49 C.F.R. Part 383.51.
794 (9) "Division" means the Driver License Division of the department created in Section
795 53-3-103 .
796 (10) "Drive" means:
797 (a) to operate or be in physical control of a motor vehicle upon a highway; and
798 (b) in Subsections 53-3-414 (1) through (3), Subsection 53-3-414 (5), and Sections
799 53-3-417 and 53-3-418 , the operation or physical control of a motor vehicle at any place within
800 the state.
801 (11) (a) "Driver" means any person who drives, or is in actual physical control of a
802 motor vehicle in any location open to the general public for purposes of vehicular traffic.
803
804 who is required to hold a CDL under Part 4 or federal law.
805 [
806
807
808 [
809 division.
810 [
811 farm implement for drawing plows, mowing machines, and other implements of husbandry.
812 [
813 place of any nature when any part of it is open to the use of the public, as a matter of right, for
814 traffic.
815 [
816 to a person whose card was obtained by providing evidence of lawful presence in the United
817 States with one of the document requirements described in Subsection 53-3-804 (2)(i)(i).
818 [
819 guideline issued annually by the U.S. Department of Health and Human Services in the Federal
820 Register.
821 [
822 [
823 this chapter to drive a motor vehicle.
824 (b) "License certificate" evidence includes a:
825 (i) regular license certificate;
826 (ii) limited-term license certificate;
827 [
828 [
829 [
830 [
831 license:
832 (a) issued substantially in accordance with the requirements of Title XII, Pub. L.
833 99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
834
835 commercial motor vehicle; and
836 (b) that was obtained by providing evidence of lawful presence in the United States
837 with one of the document requirements described in Subsection 53-3-410 (1)(i)(ii).
838 [
839 this chapter to a person whose card was obtained by providing evidence of lawful presence in
840 the United States with one of the document requirements described in Subsection
841 53-3-804 (2)(i)(ii).
842 [
843 granted and issued under this chapter to drive a motor vehicle to a person whose privilege was
844 obtained providing evidence of lawful presence in the United States with one of the document
845 requirements described in Subsection 53-3-205 (8)(a)(ii)(B).
846 [
847 [
848 or saddle for the use of the rider and designed to travel with not more than three wheels in
849 contact with the ground.
850 [
851 created in Section 62A-11-102 .
852 [
853 property or title to a vehicle.
854 (b) "Owner" includes a person entitled to the use and possession of a vehicle subject to
855 a security interest in another person but excludes a lessee under a lease not intended as security.
856 [
857 under this chapter to drive a motor vehicle whose privilege was obtained by providing evidence
858 of lawful presence in the United States with one of the document requirements described in
859 Subsection 53-3-205 (8)(a)(ii)(A).
860 [
861 date.
862 [
863 division as determined by the division and includes those offenses against which points are
864 assessed under Section 53-3-221 .
865
866 (i) has established a domicile in this state, as defined in Section 41-1a-202 , or
867 regardless of domicile, remains in this state for an aggregate period of six months or more
868 during any calendar year;
869 (ii) engages in a trade, profession, or occupation in this state, or who accepts
870 employment in other than seasonal work in this state, and who does not commute into the state;
871 (iii) declares himself to be a resident of this state by obtaining a valid Utah driver
872 license certificate or motor vehicle registration; or
873 (iv) declares himself a resident of this state to obtain privileges not ordinarily extended
874 to nonresidents, including going to school, or placing children in school without paying
875 nonresident tuition or fees.
876 (b) "Resident" does not include any of the following:
877 (i) a member of the military, temporarily stationed in this state;
878 (ii) an out-of-state student, as classified by an institution of higher education,
879 regardless of whether the student engages in any type of employment in this state;
880 (iii) a person domiciled in another state or country, who is temporarily assigned in this
881 state, assigned by or representing an employer, religious or private organization, or a
882 governmental entity; or
883 (iv) an immediate family member who resides with or a household member of a person
884 listed in Subsections [
885 [
886 privilege to drive a motor vehicle.
887 [
888 pre-primary, primary, or secondary school students to and from home and school, or to and
889 from school sponsored events.
890 (b) "School bus" does not include a bus used as a common carrier as defined in Section
891 59-12-102 .
892 [
893 licensee's privilege to drive a motor vehicle.
894 [
895 passengers for hire and that is subject to state or federal regulation as a taxi.
896
897 53-3-205. Application for license or endorsement -- Fee required -- Tests --
898 Expiration dates of licenses and endorsements -- Information required -- Previous
899 licenses surrendered -- Driving record transferred from other states -- Reinstatement --
900 Fee required -- License agreement.
901 (1) An application for any original license, provisional license, or endorsement shall
902 be:
903 (a) made upon a form furnished by the division; and
904 (b) accompanied by a nonrefundable fee set under Section 53-3-105 .
905 (2) An application and fee for an original provisional class D license or an original
906 class D license entitle the applicant to:
907 (a) not more than three attempts to pass both the knowledge and the skills tests for a
908 class D license within six months of the date of the application;
909 (b) a learner permit if needed pending completion of the application and testing
910 process; and
911 (c) an original class D license and license certificate after all tests are passed.
912 (3) An application and fee for a motorcycle or taxicab endorsement entitle the
913 applicant to:
914 (a) not more than three attempts to pass both the knowledge and skills tests within six
915 months of the date of the application;
916 (b) a motorcycle learner permit after the motorcycle knowledge test is passed; and
917 (c) a motorcycle or taxicab endorsement when all tests are passed.
918 (4) An application and fees for a commercial class A, B, or C license entitle the
919 applicant to:
920 (a) not more than two attempts to pass a knowledge test and not more than two
921 attempts to pass a skills test within six months of the date of the application;
922 (b) a commercial driver instruction permit if needed after the knowledge test is passed;
923 and
924 (c) an original commercial class A, B, or C license and license certificate when all
925 applicable tests are passed.
926 (5) An application and fee for a CDL endorsement entitle the applicant to:
927
928 attempts to pass a skills test within six months of the date of the application; and
929 (b) a CDL endorsement when all tests are passed.
930 (6) If a CDL applicant does not pass a knowledge test, skills test, or an endorsement
931 test within the number of attempts provided in Subsection (4) or (5), each test may be taken
932 two additional times within the six months for the fee provided in Section 53-3-105 .
933 (7) (a) Except as provided under Subsections (7)(f), (g), and (h), an original license
934 expires on the birth date of the applicant in the fifth year following the year the license
935 certificate was issued.
936 (b) Except as provided under Subsections (7)(f), (g), and (h), a renewal or an extension
937 to a license expires on the birth date of the licensee in the fifth year following the expiration
938 date of the license certificate renewed or extended.
939 (c) Except as provided under Subsections (7)(f) and (g), a duplicate license expires on
940 the same date as the last license certificate issued.
941 (d) An endorsement to a license expires on the same date as the license certificate
942 regardless of the date the endorsement was granted.
943 (e) A regular license certificate and any endorsement to the regular license certificate
944 held by a person ordered to active duty and stationed outside Utah in any of the armed forces of
945 the United States or by an immediate family member or dependent who is residing outside of
946 the state, which expires during the time period the person is stationed outside of the state, is
947 valid until 90 days after the person's orders have been terminated or the person has been
948 discharged, unless:
949 (i) the license is suspended, disqualified, denied, or has been cancelled or revoked by
950 the division; or
951 (ii) the licensee updates the information or photograph on the license certificate.
952 (f) A limited-term license certificate or a renewal to a limited-term license certificate
953 expires:
954 (i) on the expiration date of the period of time of the individual's authorized stay in the
955 United States or on the date provided under this Subsection (7), whichever is sooner; or
956 (ii) on the birth date of the applicant in the first year following the year that the
957 limited-term license certificate was issued if there is no definite end to the individual's period
958
959 (g) A driving privilege card issued or renewed [
960
961
962 (h) An original license or a renewal to an original license expires on the birth date of
963 the applicant in the first year following the year that the license was issued if the applicant is
964 required to register as a sex offender under Section 77-27-21.5 .
965 (8) (a) In addition to the information required by Title 63G, Chapter 4, Administrative
966 Procedures Act, for requests for agency action, each applicant shall:
967 (i) provide the applicant's:
968 (A) full legal name;
969 (B) birth date;
970 (C) gender;
971 (D) (I) documentary evidence of the applicant's valid Social Security number;
972 (II) written proof that the applicant is ineligible to receive a Social Security number; or
973 [
974
975 [
976 [
977 [
978 (E) Utah residence address as documented by a form or forms acceptable under rules
979 made by the division under Section 53-3-104 , unless the application is for a temporary CDL
980 issued under Subsection 53-3-407 (2)(b);
981 (ii) provide evidence of the applicant's lawful presence in the United States by
982 providing documentary evidence:
983 (A) that a person is:
984 (I) a United States citizen;
985 (II) a national; or
986 (III) a legal permanent resident alien; or
987 (B) of the applicant's:
988 (I) unexpired immigrant or nonimmigrant visa status for admission into the United
989
990 (II) pending or approved application for asylum in the United States;
991 (III) admission into the United States as a refugee;
992 (IV) pending or approved application for temporary protected status in the United
993 States;
994 (V) approved deferred action status; or
995 (VI) pending application for adjustment of status to legal permanent resident or
996 conditional resident;
997 (iii) provide a description of the applicant;
998 (iv) state whether the applicant has previously been licensed to drive a motor vehicle
999 and, if so, when and by what state or country;
1000 (v) state whether the applicant has ever had any license suspended, cancelled, revoked,
1001 disqualified, or denied in the last 10 years, or whether the applicant has ever had any license
1002 application refused, and if so, the date of and reason for the suspension, cancellation,
1003 revocation, disqualification, denial, or refusal;
1004 (vi) state whether the applicant intends to make an anatomical gift under Title 26,
1005 Chapter 28, Revised Uniform Anatomical Gift Act, in compliance with Subsection (15);
1006 (vii) state whether the applicant is required to register as a sex offender under Section
1007 77-27-21.5 ;
1008 (viii) state whether the applicant is a military veteran and does or does not authorize
1009 sharing the information with the state Department of Veterans' Affairs;
1010 (ix) provide all other information the division requires; and
1011 (x) sign the application which signature may include an electronic signature as defined
1012 in Section 46-4-102 .
1013 (b) Each applicant shall have a Utah residence address, unless the application is for a
1014 temporary CDL issued under Subsection 53-3-407 (2)(b).
1015 (c) Each applicant shall provide evidence of lawful presence in the United States in
1016 accordance with Subsection (8)(a)(ii), unless the application is for a driving privilege card.
1017 (d) The division shall maintain on its computerized records an applicant's:
1018 (i) (A) Social Security number; or
1019 [
1020
1021 applies; and
1022 (ii) indication whether the applicant is required to register as a sex offender under
1023 Section 77-27-21.5 .
1024 (9) The division shall require proof of every applicant's name, birthdate, and birthplace
1025 by at least one of the following means:
1026 (a) current license certificate;
1027 (b) birth certificate;
1028 (c) Selective Service registration; or
1029 (d) other proof, including church records, family Bible notations, school records, or
1030 other evidence considered acceptable by the division.
1031 (10) (a) Except as provided in Subsection (10)(b), when an applicant receives a license
1032 in another class, all previous license certificates shall be surrendered and canceled.
1033 (b) A disqualified commercial license may not be canceled unless it expires before the
1034 new license certificate is issued.
1035 (11) (a) When an application is received from a person previously licensed in another
1036 state to drive a motor vehicle, the division shall request a copy of the driver's record from the
1037 other state.
1038 (b) When received, the driver's record becomes part of the driver's record in this state
1039 with the same effect as though entered originally on the driver's record in this state.
1040 (12) An application for reinstatement of a license after the suspension, cancellation,
1041 disqualification, denial, or revocation of a previous license shall be accompanied by the
1042 additional fee or fees specified in Section 53-3-105 .
1043 (13) A person who has an appointment with the division for testing and fails to keep
1044 the appointment or to cancel at least 48 hours in advance of the appointment shall pay the fee
1045 under Section 53-3-105 .
1046 (14) A person who applies for an original license or renewal of a license agrees that the
1047 person's license is subject to any suspension or revocation authorized under this title or Title
1048 41, Motor Vehicles.
1049 (15) (a) The indication of intent under Subsection (8)(a)(vi) shall be authenticated by
1050 the licensee in accordance with division rule.
1051
1052 Management Act, the division may, upon request, release to an organ procurement
1053 organization, as defined in Section 26-28-102 , the names and addresses of all persons who
1054 under Subsection (8)(a)(vi) indicate that they intend to make an anatomical gift.
1055 (ii) An organ procurement organization may use released information only to:
1056 (A) obtain additional information for an anatomical gift registry; and
1057 (B) inform licensees of anatomical gift options, procedures, and benefits.
1058 (16) Notwithstanding Title 63G, Chapter 2, Government Records Access and
1059 Management Act, the division may release to the Department of Veterans' Affairs the names
1060 and addresses of all persons who indicate their status as a veteran under Subsection (8)(a)(viii).
1061 (17) The division and its employees are not liable, as a result of false or inaccurate
1062 information provided under Subsection (8)(a)(vi) or(viii), for direct or indirect:
1063 (a) loss;
1064 (b) detriment; or
1065 (c) injury.
1066 (18) A person who knowingly fails to provide the information required under
1067 Subsection (8)(a)(vii) is guilty of a class A misdemeanor.
1068 Section 9. Section 53-3-207 (Effective 07/01/11) is amended to read:
1069 53-3-207 (Effective 07/01/11). License certificates issued to drivers by class of
1070 motor vehicle -- Contents -- Release of anatomical gift information -- Temporary licenses
1071 or driving privilege cards -- Minors' licenses, cards, and permits -- Violation.
1072 (1) As used in this section:
1073 (a) "driving privilege" means the privilege granted under this chapter to drive a motor
1074 vehicle;
1075 (b) "governmental entity" means the state and its political subdivisions as defined in
1076 this Subsection (1);
1077 (c) "political subdivision" means any county, city, town, school district, public transit
1078 district, community development and renewal agency, special improvement or taxing district,
1079 local district, special service district, an entity created by an interlocal agreement adopted under
1080 Title 11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public
1081 corporation; and
1082
1083 commission, board, institution, hospital, college, university, children's justice center, or other
1084 instrumentality of the state.
1085 (2) (a) The division shall issue to every person privileged to drive a motor vehicle, a
1086 regular license certificate[
1087 indicating the type or class of motor vehicle the person may drive.
1088 (b) A person may not drive a class of motor vehicle unless granted the privilege in that
1089 class.
1090 (3) (a) Every regular license certificate[
1091
1092 (i) the distinguishing number assigned to the person by the division;
1093 (ii) the name, birth date, and Utah residence address of the person;
1094 (iii) a brief description of the person for the purpose of identification;
1095 (iv) any restrictions imposed on the license under Section 53-3-208 ;
1096 (v) a photograph of the person;
1097 (vi) a photograph or other facsimile of the person's signature; and
1098 (vii) an indication whether the person intends to make an anatomical gift under Title
1099 26, Chapter 28, Revised Uniform Anatomical Gift Act, unless the [
1100 extended under Subsection 53-3-214 (3).
1101 (b) A new license certificate issued by the division may not bear the person's Social
1102 Security number.
1103 (c) (i) The regular license certificate[
1104
1105 (ii) Except as provided under Subsection (4)(b), the size, form, and color of the regular
1106 license certificate[
1107 prescribed by the commissioner.
1108 (iii) The commissioner may also prescribe the issuance of a special type of limited
1109 regular license certificate[
1110 Subsection 53-3-220 (4).
1111 (4) (a) (i) The division, upon determining after an examination that an applicant is
1112 mentally and physically qualified to be granted a driving privilege, may issue to an applicant a
1113
1114 license certificate.
1115 (ii) The receipt serves as a temporary regular license certificate or limited-term license
1116 certificate allowing the person to drive a motor vehicle while the division is completing its
1117 investigation to determine whether the person is entitled to be granted a driving privilege.
1118 (b) The receipt shall be in the person's immediate possession while driving a motor
1119 vehicle, and it is invalid when the person's regular license certificate or limited-term license
1120 certificate has been issued or when, for good cause, the privilege has been refused.
1121 (c) The division shall indicate on the receipt a date after which it is not valid as a
1122 temporary license.
1123 [
1124
1125
1126 [
1127
1128 (5) (a) The division shall distinguish learner permits, temporary permits, regular
1129 license certificates, and limited-term license certificates[
1130 any person younger than 21 years of age by use of plainly printed information or the use of a
1131 color or other means not used for other regular license certificates[
1132 certificates[
1133 (b) The division shall distinguish a regular license certificate[
1134 certificate[
1135 (i) younger than 21 years of age by use of a portrait-style format not used for other
1136 regular license certificates[
1137 and by plainly printing the date the regular license certificate[
1138 certificate[
1139 purchasing an alcoholic beverage or alcoholic product under Section 32B-14-403 ; and
1140 (ii) younger than 19 years of age, by plainly printing the date the regular license
1141 certificate[
1142 age, which is the legal age for purchasing tobacco products under Section 76-10-104 .
1143 (6) The division shall distinguish a limited-term license certificate by clearly indicating
1144
1145 (a) that it is temporary; and
1146 (b) its expiration date.
1147 [
1148
1149
1150 [
1151
1152 [
1153 [
1154
1155 [
1156 temporary permit, or any other temporary permit or receipt issued by the division.
1157 [
1158 except as to duration, as the license certificates that they temporarily replace, as are necessary
1159 to implement applicable provisions of this section and Section 53-3-223 .
1160 (9) Beginning on July 1, 2011, the division may not issue a driving privilege card.
1161 (10) (a) A governmental entity may not accept a driving privilege card as proof of
1162 personal identification.
1163 (b) A driving privilege card may not be used as a document providing proof of a
1164 person's age for any government required purpose.
1165 (11) A person who violates Subsection (2)(b) is guilty of a class C misdemeanor.
1166 (12) Unless otherwise provided, the provisions, requirements, classes, endorsements,
1167 fees, restrictions, and sanctions under this code apply to a:
1168 (a) driving privilege in the same way as a license or limited-term license issued under
1169 this chapter; and
1170 (b) limited-term license certificate [
1171 regular license certificate issued under this chapter.
1172 Section 10. Section 53-3-214 is amended to read:
1173 53-3-214. Renewal -- Fees required -- Extension without examination.
1174 (1) (a) The holder of a valid license may renew the holder's license and any
1175
1176 (i) at any time within six months before the license expires; or
1177 (ii) more than six months prior to the expiration date if the applicant furnishes proof
1178 that the applicant will be absent from the state during the six-month period prior to the
1179 expiration of the license.
1180 (b) The application for a renewal of, extension of, or any endorsement to a license shall
1181 be accompanied by a fee under Section 53-3-105 .
1182 (2) (a) Except as provided under Subsections (2)(b) and (3), upon application for
1183 renewal of a regular license certificate, provisional license, and any endorsement to a regular
1184 license certificate, the division shall reexamine each applicant as if for an original license and
1185 endorsement to the license, if applicable.
1186 (b) Except as provided under Subsection (2)(c), upon application for renewal of a
1187 limited-term license certificate, limited-term provisional license certificate, and any
1188 endorsement to a limited-term license certificate, the division shall:
1189 (i) reexamine each applicant as if for an original limited-term license certificate and
1190 endorsement to the limited-term license certificate, if applicable; and
1191 (ii) verify through valid documentary evidence that the status by which the individual
1192 originally qualified for the limited-term license certificate has been extended by the United
1193 States Citizenship and Immigration Services or other authorized agency of the United States
1194 Department of Homeland Security.
1195 (c) The division may waive any or all portions of the test designed to demonstrate the
1196 applicant's ability to exercise ordinary and reasonable control driving a motor vehicle.
1197 (3) (a) Except as provided under Subsections (3)(b) and (c), the division may extend a
1198 regular license certificate, any endorsement to the regular license certificate, a provisional
1199 license, and any endorsement to a provisional license for five years without examination for
1200 licensees whose driving records for the five years immediately preceding the determination of
1201 eligibility for extension show:
1202 (i) no suspensions;
1203 (ii) no revocations;
1204 (iii) no conviction for reckless driving under Section 41-6a-528 ; and
1205 (iv) no more than four reportable violations in the preceding five years.
1206
1207 certificate, a new regular license certificate and any endorsement to a regular license certificate
1208 may not be issued until the person has again passed the tests under Section 53-3-206 and paid
1209 the required fee.
1210 (c) After the expiration of a limited-term license certificate, a new limited-term license
1211 certificate and any endorsement to a limited-term license certificate may not be issued until the
1212 person has:
1213 (i) again passed the tests under Section 53-3-206 and paid the required fee; and
1214 (ii) presented documentary evidence that the status by which the individual originally
1215 qualified for the limited-term license certificate has been extended by the United States
1216 Citizenship and Immigration Services or other authorized agency of the United States
1217 Department of Homeland Security.
1218 (d) A person 65 years of age or older shall take and pass the eye examination specified
1219 in Section 53-3-206 .
1220 (e) An extension may not be granted to any person:
1221 (i) who is identified by the division as having a medical impairment that may represent
1222 a hazard to public safety;
1223 (ii) holding a CDL or limited-term CDL issued under Part 4, Uniform Commercial
1224 Driver License Act; or
1225 (iii) who is holding a limited-term license certificate[
1226 [
1227
1228 (f) The division shall allow extensions:
1229 (i) by mail or Internet at the appropriate extension fee rate under Section 53-3-105 ;
1230 (ii) only if the applicant qualifies under this section; and
1231 (iii) for only one extension.
1232 (g) The division may waive any or all portions of the test designed to demonstrate the
1233 applicant's ability to exercise ordinary and reasonable control driving a motor vehicle.
1234 Section 11. Section 53-3-221 is amended to read:
1235 53-3-221. Offenses which may result in denial, suspension, disqualification, or
1236 revocation of license without hearing -- Additional grounds for suspension -- Point system
1237
1238 (1) By following the emergency procedures in Title 63G, Chapter 4, Administrative
1239 Procedures Act, the division may immediately deny, suspend, disqualify, or revoke the license
1240 of any person without hearing and without receiving a record of the person's conviction of
1241 crime when the division has been notified or has reason to believe the person:
1242 (a) has committed any offenses for which mandatory suspension or revocation of a
1243 license is required upon conviction under Section 53-3-220 ;
1244 (b) has, by reckless or unlawful driving of a motor vehicle, caused or contributed to an
1245 accident resulting in death or injury to any other person, or serious property damage;
1246 (c) is incompetent to drive a motor vehicle or is afflicted with mental or physical
1247 infirmities or disabilities rendering it unsafe for the person to drive a motor vehicle upon the
1248 highways;
1249 (d) has committed a serious violation of the motor vehicle laws of this state;
1250 (e) has knowingly acquired, used, displayed, or transferred an item that purports to be
1251 an authentic driver license certificate issued by a governmental entity if the item is not an
1252 authentic driver license certificate or has permitted an unlawful use of the license as prohibited
1253 under Section 53-3-229 ; or
1254 (f) has been convicted of serious offenses against traffic laws governing the movement
1255 of motor vehicles with a frequency that indicates a disrespect for traffic laws and a disregard
1256 for the safety of other persons on the highways.
1257 (2) (a) The division may suspend the license of a person under Subsection (1) when the
1258 person has failed to comply with the terms stated on a traffic citation issued in this state, except
1259 this Subsection (2) does not apply to highway weight limit violations or violations of law
1260 governing the transportation of hazardous materials.
1261 (b) This Subsection (2) applies to parking and standing violations only if a court has
1262 issued a warrant for the arrest of a person for failure to post bail, appear, or otherwise satisfy
1263 the terms of the citation.
1264 (c) (i) This Subsection (2) may not be exercised unless notice of the pending
1265 suspension of the driving privilege has been sent at least 10 days previously to the person at the
1266 address provided to the division.
1267 (ii) After clearance by the division, a report authorized by Section 53-3-104 may not
1268
1269 terms stated on a traffic citation.
1270 (3) (a) The division may suspend the license of a person under Subsection (1) when the
1271 division has been notified by a court that the person has an outstanding unpaid fine, an
1272 outstanding incomplete restitution requirement, or an outstanding warrant levied by order of a
1273 court.
1274 (b) The suspension remains in effect until the division is notified by the court that the
1275 order has been satisfied.
1276 (c) After clearance by the division, a report authorized by Section 53-3-104 may not
1277 contain any evidence of the suspension.
1278 (4) The division shall make rules establishing a point system as provided for in this
1279 Subsection (4).
1280 (a) (i) The division shall assign a number of points to each type of moving traffic
1281 violation as a measure of its seriousness.
1282 (ii) The points shall be based upon actual relationships between types of traffic
1283 violations and motor vehicle traffic accidents.
1284 (b) Every person convicted of a traffic violation shall have assessed against the person's
1285 driving record the number of points that the division has assigned to the type of violation of
1286 which the person has been convicted, except that the number of points assessed shall be
1287 decreased by 10% if on the abstract of the court record of the conviction the court has graded
1288 the severity of violation as minimum, and shall be increased by 10% if on the abstract the court
1289 has graded the severity of violation as maximum.
1290 (c) (i) A separate procedure for assessing points for speeding offenses shall be
1291 established by the division based upon the severity of the offense.
1292 (ii) The severity of a speeding violation shall be graded as:
1293 (A) "minimum" for exceeding the posted speed limit by up to 10 miles per hour;
1294 (B) "intermediate" for exceeding the posted speed limit by from 11 to 20 miles per
1295 hour; and
1296 (C) "maximum" for exceeding the posted speed limit by 21 or more miles per hour.
1297 (iii) Consideration shall be made for assessment of no points on minimum speeding
1298 violations, except for speeding violations in school zones.
1299
1300 occurring before a time limit set by the division.
1301 (ii) The time limit may not exceed three years.
1302 (iii) The division may also delete points to reward violation-free driving for periods of
1303 time set by the division.
1304 (e) (i) By publication in two newspapers having general circulation throughout the
1305 state, the division shall give notice of the number of points it has assigned to each type of
1306 traffic violation, the time limit set by the division for the deletion of points, and the point level
1307 at which the division will generally take action to deny or suspend under this section.
1308 (ii) The division may not change any of the information provided above regarding
1309 points without first giving new notice in the same manner.
1310 (5) (a) (i) Upon denying or suspending the license of a person under this section, the
1311 division shall immediately notify the licensee in a manner specified by the division and afford
1312 him an opportunity for a hearing in the county where the licensee resides.
1313 (ii) The hearing shall be documented, and the division or its authorized agent may
1314 administer oaths, may issue subpoenas for the attendance of witnesses and the production of
1315 relevant books and papers, and may require a reexamination of the licensee.
1316 (iii) One or more members of the division may conduct the hearing, and any decision
1317 made after a hearing before any number of the members of the division is as valid as if made
1318 after a hearing before the full membership of the division.
1319 (iv) After the hearing the division shall either rescind its order of denial or suspension,
1320 extend the denial or suspension of the license, or revoke the license.
1321 (b) The denial or suspension of the license remains in effect pending qualifications
1322 determined by the division regarding a person:
1323 (i) whose license has been denied or suspended following reexamination;
1324 (ii) who is incompetent to drive a motor vehicle;
1325 (iii) who is afflicted with mental or physical infirmities that might make him dangerous
1326 on the highways; or
1327 (iv) who may not have the necessary knowledge or skill to drive a motor vehicle safely.
1328 (6) (a) Subject to Subsection (6)(d), the division shall suspend a person's license when
1329 the division receives notice from the Office of Recovery Services that the Office of Recovery
1330
1331 (b) A suspension under Subsection (6)(a) shall remain in effect until the division
1332 receives notice from the Office of Recovery Services that the Office of Recovery Services has
1333 rescinded the order of suspension.
1334 (c) After an order of suspension is rescinded under Subsection (6)(b), a report
1335 authorized by Section 53-3-104 may not contain any evidence of the suspension.
1336 (d) (i) If the division suspends a person's license under this Subsection (6), the division
1337 shall, upon application, issue a temporary limited driver license to the person if that person
1338 needs a driver license for employment, education, or child visitation.
1339 (ii) The temporary limited driver license described in this section:
1340 (A) shall provide that the person may operate a motor vehicle only for the purpose of
1341 driving to or from the person's place of employment, education, or child visitation;
1342 (B) shall prohibit the person from driving a motor vehicle for any purpose other than a
1343 purpose described in Subsection (6)(d)(ii)(A); and
1344 (C) shall expire 90 days after the day on which the temporary limited driver license is
1345 issued.
1346 (iii) (A) During the period beginning on the day on which a temporary limited driver
1347 license is issued under this Subsection (6), and ending on the day that the temporary limited
1348 driver license expires, the suspension described in this Subsection (6) only applies if the person
1349 who is suspended operates a motor vehicle for a purpose other than employment, education, or
1350 child visitation.
1351 (B) Upon expiration of a temporary limited driver license described in this Subsection
1352 (6)(d):
1353 (I) a suspension described in Subsection (6)(a) shall be in full effect until the division
1354 receives notice, under Subsection (6)(b), that the order of suspension is rescinded; and
1355 (II) a person suspended under Subsection (6)(a) may not drive a motor vehicle for any
1356 reason.
1357 (iv) The division is not required to issue a limited driver license to a person under this
1358 Subsection (6)(d) if there are other legal grounds for the suspension of the person's driver
1359 license.
1360 (v) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
1361
1362 (7) (a) The division may suspend or revoke the license of any resident of this state
1363 upon receiving notice of the conviction of that person in another state of an offense committed
1364 there that, if committed in this state, would be grounds for the suspension or revocation of a
1365 license.
1366 (b) The division may, upon receiving a record of the conviction in this state of a
1367 nonresident driver of a motor vehicle or motorboat of any offense under the motor vehicle laws
1368 of this state, forward a certified copy of the record to the motor vehicle administrator in the
1369 state where the person convicted is a resident.
1370 (8) (a) The division may suspend or revoke the license of any nonresident to drive a
1371 motor vehicle in this state for any cause for which the license of a resident driver may be
1372 suspended or revoked.
1373 (b) Any nonresident who drives a motor vehicle upon a highway when the person's
1374 license has been suspended or revoked by the division is guilty of a class C misdemeanor.
1375 (9) (a) The division may not deny or suspend the license of any person for a period of
1376 more than one year except:
1377 (i) for failure to comply with the terms of a traffic citation under Subsection (2);
1378 (ii) upon receipt of a second or subsequent order suspending juvenile driving privileges
1379 under Section 53-3-219 ;
1380 (iii) when extending a denial or suspension upon receiving certain records or reports
1381 under Subsection 53-3-220 (2);
1382 (iv) for failure to give and maintain owner's or operator's security under Section
1383 41-12a-411 ; or
1384 (v) when the division suspends the license under Subsection (6).
1385 (b) The division may suspend the license of a person under Subsection (2) until the
1386 person shows satisfactory evidence of compliance with the terms of the traffic citation.
1387 (10) (a) By following the emergency procedures in Title 63G, Chapter 4,
1388 Administrative Procedures Act, the division may immediately suspend the license of any
1389 person without hearing and without receiving a record of the person's conviction for a crime
1390 when the division has reason to believe that the person's license was granted by the division
1391 through error or fraud or that the necessary consent for the license has been withdrawn or is
1392
1393 (b) The procedure upon suspension is the same as under Subsection (5), except that
1394 after the hearing the division shall either rescind its order of suspension or cancel the license.
1395 (11) (a) The division, having good cause to believe that a licensed driver is
1396 incompetent or otherwise not qualified to be licensed, may upon notice in a manner specified
1397 by the division of at least five days to the licensee require him to submit to an examination.
1398 (b) Upon the conclusion of the examination the division may suspend or revoke the
1399 person's license, permit him to retain the license, or grant a license subject to a restriction
1400 imposed in accordance with Section 53-3-208 .
1401 (c) Refusal or neglect of the licensee to submit to an examination is grounds for
1402 suspension or revocation of the licensee's license.
1403 (12) (a) Except as provided in Subsection (12)(b), a report authorized by Section
1404 53-3-104 may not contain any evidence of a conviction for speeding on an interstate system in
1405 this state if the conviction was for a speed of 10 miles per hour or less, above the posted speed
1406 limit and did not result in an accident, unless authorized in a manner specified by the division
1407 by the individual whose report is being requested.
1408 (b) The provisions of Subsection (12)(a) do not apply for:
1409 (i) a CDL license holder; or
1410 (ii) a violation that occurred in a commercial motor vehicle.
1411 (13) (a) By following the emergency procedures in Title 63G, Chapter 4,
1412 Administrative Procedures Act, the division may immediately suspend the license of a person
1413 if it has reason to believe that the person is the owner of a motor vehicle for which security is
1414 required under Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and
1415 Operators Act, and has driven the motor vehicle or permitted it to be driven within this state
1416 without the security being in effect.
1417 [
1418
1419 [
1420 [
1421
1422 [
1423
1424 [
1425 Subsection (13), the notice and hearing provisions of Subsection (5) apply.
1426 [
1427 been revoked by the division under this Subsection (13) may file a request for agency action
1428 requesting a hearing.
1429 (14) Any suspension or revocation of a person's license under this section also
1430 disqualifies any license issued to that person under Part 4, Uniform Commercial Driver License
1431 Act, of this chapter.
1432 Section 12. Section 58-37c-10 is amended to read:
1433 58-37c-10. Reporting and recordkeeping.
1434 (1) Any person who engages in a regulated transaction, unless excepted under the
1435 provisions of Subsections 58-37c-8 (3) and (4), shall submit a report with respect to such
1436 transaction and shall maintain records of inventories in accordance with rules adopted by the
1437 division.
1438 (2) The division shall provide reporting forms upon which regulated transactions shall
1439 be reported.
1440 (3) The division shall furnish copies of reports of transactions under this section to
1441 appropriate law enforcement agencies.
1442 (4) The division shall adopt rules regulating:
1443 (a) records which shall be maintained and reports which shall be submitted by
1444 regulated distributors and regulated purchasers with respect to listed controlled substance
1445 precursors obtained, distributed, and held in inventory;
1446 (b) records which shall be maintained and reports which shall be submitted by
1447 regulated distributors and regulated purchasers with respect to extraordinary or unusual
1448 regulated transactions and a requirement that in such cases the report must be received at least
1449 three working days prior to transfer of the listed controlled substance precursor;
1450 (c) identification which must be presented by a purchaser of any listed controlled
1451 substance precursor before the sale or transfer can be completed and recordkeeping
1452 requirements related to such identification presented;
1453 (d) filing by each licensee the identification of all locations where any listed controlled
1454
1455 location is made;
1456 (e) reports and actions which must be taken by a regulated distributor or regulated
1457 purchaser in the event of any theft, loss, or shortage of a listed controlled substance precursor;
1458 (f) reports and actions which must be taken by a regulated distributor relating to a
1459 regulated transaction with an out-of-state purchaser;
1460 (g) reports and actions which must be taken by a regulated purchaser relating to a
1461 regulated transaction with an out-of-state distributor; and
1462 (h) regulated transactions to the extent such regulation is reasonable and necessary to
1463 protect the public health, safety, or welfare.
1464 [
1465
1466
1467 Section 13. Section 63G-11-102 is amended to read:
1468 63G-11-102. Creation of identity documents -- Issuance to citizens, nationals, and
1469 legal permanent resident aliens -- Exceptions.
1470 (1) The following entities may create, publish, or otherwise manufacture an
1471 identification document, identification card, or identification certificate and possess an
1472 engraved plate or other device for the printing of an identification document:
1473 (a) a federal, state, or local government agency for employee identification, which is
1474 designed to identify the bearer as an employee;
1475 (b) a federal, state, or local government agency for purposes authorized or required by
1476 law or a legitimate purpose consistent with the duties of the agency, including such documents
1477 as voter identification cards, identification cards, passports, birth certificates, and Social
1478 Security cards; and
1479 (c) a public school or state or private educational institution to identify the bearer as an
1480 administrator, faculty member, student, or employee.
1481 (2) The name of the issuing entity shall be clearly printed upon the face of the
1482 identification document.
1483 (3) Except as otherwise provided in Subsections (4) and (5) or by federal law, an entity
1484 providing an identity document, card, or certificate under Subsection (1)(b) or (c) shall issue
1485
1486 (a) a United States citizen;
1487 (b) a national; or
1488 (c) a legal permanent resident alien.
1489 (4) (a) Subsection (3) does not apply to an applicant for an identification document
1490 who presents, in person, valid documentary evidence of the applicant's:
1491 (i) unexpired immigrant or nonimmigrant visa status for admission into the United
1492 States;
1493 (ii) pending or approved application for asylum in the United States;
1494 (iii) admission into the United States as a refugee;
1495 (iv) pending or approved application for temporary protected status in the United
1496 States;
1497 (v) approved deferred action status; or
1498 (vi) pending application for adjustment of status to legal permanent resident or
1499 conditional resident.
1500 (b) (i) An entity listed in Subsection (1)(b) or (c) may issue a Subsection (1)(b) or (c)
1501 identification document to an applicant who satisfies the requirements of Subsection (4)(a).
1502 (ii) Except as otherwise provided by federal law, the document is valid only:
1503 (A) during the period of time of the individual's authorized stay in the United States; or
1504 (B) for one year from the date of issuance if there is no definite end to the individual's
1505 period of authorized stay.
1506 (iii) An entity issuing an identification document under this Subsection (4) shall clearly
1507 indicate on the document:
1508 (A) that it is temporary; and
1509 (B) its expiration date.
1510 (c) An individual may renew a document issued under this Subsection (4) only upon
1511 presentation of valid documentary evidence that the status by which the individual originally
1512 qualified for the identification document has been extended by the United States Citizenship
1513 and Immigration Services or other authorized agency of the United States Department of
1514 Homeland Security.
1515 (5) (a) Subsection (3) does not apply to an identification document issued under
1516
1517 (i) is only valid for use on the educational institution's campus or facility; and
1518 (ii) includes a statement of the restricted use conspicuously printed upon the face of the
1519 identification document.
1520 (b) Subsection (3) does not apply to a license certificate[
1521 identification card issued or renewed under Title 53, Chapter 3, Uniform Driver License Act.
1522 (c) Subsection (3) does not apply to a public transit pass issued by a public transit
1523 district as defined in Title 17B, Chapter 2a, Part 8, Public Transit District Act, that:
1524 (i) is only valid for use on the public transit system; and
1525 (ii) includes a statement of the restricted use conspicuously printed on the face of the
1526 public transit pass.
1527 (6) This section shall be enforced without regard to race, religion, gender, ethnicity, or
1528 national origin.
1529 Section 14. Section 76-10-526 is amended to read:
1530 76-10-526. Criminal background check prior to purchase of a firearm -- Fee --
1531 Exemption for concealed firearm permit holders.
1532 (1) For purposes of this section, "valid permit to carry a concealed firearm" does not
1533 include a temporary permit issued pursuant to Section 53-5-705 .
1534 (2) [
1535 this part, a dealer shall require an individual receiving a firearm to present one photo
1536 identification on a form issued by a governmental agency of the state.
1537 [
1538
1539
1540 (3) A criminal history background check is required for the sale of a firearm by a
1541 licensed firearm dealer in the state.
1542 (4) (a) An individual, except a dealer, purchasing a firearm from a dealer shall consent
1543 in writing to a criminal background check, on a form provided by the bureau.
1544 (b) The form shall contain the following information:
1545 (i) the dealer identification number;
1546 (ii) the name and address of the individual receiving the firearm;
1547
1548 receiving the firearm; and
1549 (iv) the Social Security number or any other identification number of the individual
1550 receiving the firearm.
1551 (5) (a) The dealer shall send the form required by Subsection (4) to the bureau
1552 immediately upon its completion.
1553 (b) A dealer may not sell or transfer a firearm to an individual until the dealer has
1554 provided the bureau with the information in Subsection (4) and has received approval from the
1555 bureau under Subsection (7).
1556 (6) The dealer shall make a request for criminal history background information by
1557 telephone or other electronic means to the bureau and shall receive approval or denial of the
1558 inquiry by telephone or other electronic means.
1559 (7) When the dealer calls for or requests a criminal history background check, the
1560 bureau shall:
1561 (a) review the criminal history files, including juvenile court records, to determine if
1562 the individual is prohibited from purchasing, possessing, or transferring a firearm by state or
1563 federal law;
1564 (b) inform the dealer that:
1565 (i) the records indicate the individual is so prohibited; or
1566 (ii) the individual is approved for purchasing, possessing, or transferring a firearm;
1567 (c) provide the dealer with a unique transaction number for that inquiry; and
1568 (d) provide a response to the requesting dealer during the call for a criminal
1569 background, or by return call, or other electronic means, without delay, except in case of
1570 electronic failure or other circumstances beyond the control of the bureau, the bureau shall
1571 advise the dealer of the reason for the delay and give the dealer an estimate of the length of the
1572 delay.
1573 (8) (a) The bureau may not maintain any records of the criminal history background
1574 check longer than 20 days from the date of the dealer's request if the bureau determines that the
1575 individual receiving the gun is not prohibited from purchasing, possessing, or transferring the
1576 firearm under state or federal law.
1577 (b) However, the bureau shall maintain a log of requests containing the dealer's federal
1578
1579 (9) If the criminal history background check discloses information indicating that the
1580 individual attempting to purchase the firearm is prohibited from purchasing, possessing, or
1581 transferring a firearm, the bureau shall inform the law enforcement agency in the jurisdiction
1582 where the person resides.
1583 (10) If an individual is denied the right to purchase a firearm under this section, the
1584 individual may review the individual's criminal history information and may challenge or
1585 amend the information as provided in Section 53-10-108 .
1586 (11) The bureau shall make rules as provided in Title 63G, Chapter 3, Utah
1587 Administrative Rulemaking Act, to ensure the identity, confidentiality, and security of all
1588 records provided by the division pursuant to this part are in conformance with the requirements
1589 of the Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993).
1590 (12) (a) (i) A dealer shall collect a criminal history background check fee related to the
1591 sale of a firearm under this section, which is $7.50.
1592 (ii) This fee remains in effect until changed by the bureau through the process under
1593 Section 63J-1-504 .
1594 (b) (i) The dealer shall forward at one time all fees collected for criminal history
1595 background checks performed during the month to the bureau by the last day of the month
1596 following the sale of a firearm.
1597 (ii) The bureau shall deposit the fees in the General Fund as dedicated credits to cover
1598 the cost of administering and conducting the criminal history background check program.
1599 (13) An individual with a concealed firearm permit issued pursuant to Title 53, Chapter
1600 5, Part 7, Concealed Firearm Act, is exempt from the background check and corresponding fee
1601 required in this section for the purchase of a firearm if:
1602 (a) the individual presents the individual's concealed firearm permit to the dealer prior
1603 to purchase of the firearm; and
1604 (b) the dealer verifies with the division that the individual's concealed firearm permit is
1605 valid.
1606 Section 15. Effective date.
1607 (1) Except as provided in Subsection (2), this bill takes effect on July 1, 2011.
1608 (2) The amendments to the following sections take effect on January 1, 2012:
1609
1610 (b) Section 32B-1-406 ;
1611 (c) Section 41-1a-110 ;
1612 (d) Section 41-1a-1220 ;
1613 (e) Section 41-12a-806 ;
1614 (f) Section 46-1-2 ;
1615 (g) Section 53-3-102 ;
1616 (h) Section 53-3-221 ;
1617 (i) Section 58-37c-10 ;
1618 (j) Section 63G-11-102; and
1619 (k) Section 76-10-526 .
Legislative Review Note
as of 1-4-11 10:55 AM
Office of Legislative Research and General Counsel
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