HB 287

     01-26 14:48  2nd Sub. (Gray) H.B. 287
                           Trevor Lee proposes the following substitute bill:
1Immigrant Driving Amendments
                                      2026 GENERAL SESSION
                                            STATE OF UTAH
                                      Chief Sponsor: Trevor Lee
                                              Senate Sponsor:
2
3   LONG TITLE
4   General Description:
5This bill repeals the driving privilege card program.
6   Highlighted Provisions:
7This bill:
8▸ repeals the driving privilege card program;
9▸ prohibits the Driver License Division from issuing a driving privilege card on or after
10   May 6, 2026;
11▸ makes technical changes throughout the Utah Code related to the repeal of the driving
12   privilege card program;
13▸ provides that a motor vehicle insurance provider may offer insurance coverage to an
14   individual who does not have a driver license;
15▸ repeals provisions allowing the driver license examination for knowledge of the state
16   traffic laws to be offered in languages other than English;
17▸ creates a rebuttable presumption of fault for purposes of an insurance claim if an
                                                                                                  2nd Sub. H.B. 287
18   unlawfully present individual is involved in a motor vehicle accident; and
19▸ makes other technical changes.
20   Money Appropriated in this Bill:
21None
22   Other Special Clauses:
23This bill provides a special effective date.
24   Utah Code Sections Affected:
25   AMENDS:
2613-32a-102 (Effective 07/01/27), as last amended by Laws of Utah 2024, Chapter 507
2726B-7-501 (Effective 07/01/27), as last amended by Laws of Utah 2025, Chapter 173
2831A-22-302.5 (Effective 07/01/27), as last amended by Laws of Utah 2011, Chapter 425
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2932B-1-102 (Effective 07/01/27), as last amended by Laws of Utah 2025, First Special
30Session, Chapter 16
3132B-1-406 (Effective 07/01/27), as enacted by Laws of Utah 2010, Chapter 276
3246-1-2 (Effective 07/01/27), as last amended by Laws of Utah 2025, First Special
33Session, Chapter 16
3453-3-102 (Effective 07/01/27), as last amended by Laws of Utah 2025, Chapter 471
3553-3-105 (Effective 07/01/27), as last amended by Laws of Utah 2025, Chapter 471
3653-3-106 (Effective 07/01/27), as last amended by Laws of Utah 2024, Chapter 134
3753-3-204 (Effective 05/06/26), as last amended by Laws of Utah 2021, Chapter 262
3853-3-205 (Effective 07/01/27), as last amended by Laws of Utah 2025, Chapter 291
3953-3-206 (Effective 07/01/27), as last amended by Laws of Utah 2024, Chapter 113
4053-3-207 (Effective 07/01/27), as last amended by Laws of Utah 2025, First Special
41Session, Chapter 9
4253-3-214 (Effective 07/01/27), as last amended by Laws of Utah 2023, Chapter 414
4353-3-221 (Effective 07/01/27), as last amended by Laws of Utah 2025, Chapter 296
4453-3-236 (Effective 07/01/27), as enacted by Laws of Utah 2025, Chapter 471
4553-5a-602 (Effective 07/01/27), as renumbered and amended by Laws of Utah 2025,
46Chapter 208
4753-10-202 (Effective 07/01/27), as last amended by Laws of Utah 2025, Chapters 173,
48208
4958-37c-10 (Effective 07/01/27), as last amended by Laws of Utah 2008, Chapter 322
5063G-12-205 (Effective 07/01/27), as enacted by Laws of Utah 2011, Chapter 18
5163G-12-401 (Effective 07/01/27), as last amended by Laws of Utah 2011, Chapter 20
52and renumbered and amended by Laws of Utah 2011, Chapter 18
5376-9-1117 (Effective 07/01/27), as renumbered and amended by Laws of Utah 2025,
54Chapter 173
55   ENACTS:
5641-6a-410 (Effective 07/01/27), Utah Code Annotated 1953
57   REPEALS:
5853-3-205.5 (Effective 07/01/27), as last amended by Laws of Utah 2023, Chapter 454
59
60   Be it enacted by the Legislature of the state of Utah:
61Section 1. Section 13-32a-102 is amended to read:
6213-32a-102 (Effective 07/01/27). Definitions.
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63      As used in this chapter:
64   (1) "Account" means the Pawnbroker, Secondhand Merchandise, and Catalytic Converter
65Operations Restricted Account created in Section 13-32a-113.
66   (2) "Antique item" means an item:
67(a) that is generally older than 25 years;
68(b) whose value is based on age, rarity, condition, craftsmanship, or collectability;
69(c) that is furniture or other decorative objects produced in a previous time period, as
70distinguished from new items of a similar nature; and
71(d) obtained from auctions, estate sales, other antique shops, and individuals.
72   (3) "Antique shop" means a business operating at an established location that deals
73primarily in the purchase, exchange, or sale of antique items.
74   (4) "Automated recycling kiosk" means an interactive machine that:
75(a) is installed inside a commercial site used for the selling of goods and services to
76consumers;
77(b) is monitored remotely by a live representative during the hours of operation;
78(c) only engages in secondhand merchandise transactions involving wireless
79communication devices; and
80(d) has the following technological functions:
81(i) verifies the seller's identity by a live representative using the individual's
82identification;
83(ii) generates a ticket; and
84(iii) electronically transmits the secondhand merchandise transaction information to
85the central database.
86   (5) "Automated recycling kiosk operator" means a person whose sole business activity is
87the operation of one or more automated recycling kiosks.
88   (6) "Catalytic converter" means the same as that term is defined in Section 76-6-1402.
89   (7)(a) "Catalytic converter purchase" means a purchase from an individual of a used
90catalytic converter that is no longer affixed to a vehicle.
91(b) "Catalytic converter purchase" does not mean a purchase of a catalytic converter:
92(i) from a business regularly engaged in automobile repair, crushing, dismantling,
93recycling, or salvage;
94(ii) from a new or used vehicle dealer licensed under Title 41, Chapter 3, Motor
95Vehicle Business Regulation Act;
96(iii) from another catalytic converter purchaser; or
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97(iv) that has never been affixed to a vehicle.
98   (8) "Catalytic converter purchaser" means a person who purchases a used catalytic
99converter in a catalytic converter purchase.
100   (9) "Central database" or "database" means the electronic database created and operated
101under Section 13-32a-105.
102   (10) "Children's product" means a used item that is for the exclusive use of children, or for
103the care of children, including clothing and toys.
104   (11) "Children's product resale business" means a business operating at a commercial
105location and primarily selling children's products.
106   (12) "Coin" means a piece of currency, usually metallic and usually in the shape of a disc
107that is:
108(a) stamped metal, and issued by a government as monetary currency; or
109(b)(i) worth more than its current value as currency; and
110(ii) worth more than its metal content value.
111   (13) "Coin dealer" means a person whose sole business activity is the selling and
112purchasing of numismatic items and precious metals.
113   (14) "Collectible paper money" means paper currency that is no longer in circulation and is
114sold and purchased for the paper currency's collectible value.
115   (15)(a) "Commercial grade precious metals" or "precious metals" means ingots,
116monetized bullion, art bars, medallions, medals, tokens, and currency that are marked
117by the refiner or fabricator indicating their fineness and include:
118(i) .99 fine or finer ingots of gold, silver, platinum, palladium, or other precious
119metals; or
120(ii) .925 fine sterling silver ingots, art bars, and medallions.
121(b) "Commercial grade precious metals" or "precious metals" does not include jewelry.
122   (16) "Consignment shop" means a business, operating at an established location:
123(a) that deals primarily in the offering for sale property owned by a third party; and
124(b) where the owner of the property only receives consideration upon the sale of the
125property by the business.
126   (17) "Division" means the Division of Consumer Protection created in Chapter 1,
127Department of Commerce.
128   (18) "Exonumia" means a privately issued token for trade that is sold and purchased for the
129token's collectible value.
130   (19) "Gift card" means a record that:
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131(a) is usable at:
132(i) a single merchant; or
133(ii) a specified group of merchants;
134(b) is prefunded before the record is used; and
135(c) can be used for the purchase of goods or services.
136   (20) "Identification" means any of the following non-expired forms of identification issued
137by a state government, the United States government, or a federally recognized Indian
138tribe, if the identification includes a unique number, photograph of the bearer, and date
139of birth:
140(a) a United States Passport or United States Passport Card;
141(b) a state-issued driver license;
142(c) a state-issued identification card;
143(d) a state-issued concealed carry permit;
144(e) a United States military identification;
145(f) a United States resident alien card; or
146(g) an identification of a federally recognized Indian tribe[; or] .
147[(h) notwithstanding Section 53-3-207, a Utah driving privilege card.]
148   (21) "IMEI number" means an International Mobile Equipment Identity number.
149   (22) "Indicia of being new" means property that:
150(a) is represented by the individual pawning or selling the property as new;
151(b) is unopened in the original packaging; or
152(c) possesses other distinguishing characteristics that indicate the property is new.
153   (23) "Local law enforcement agency" means the law enforcement agency that has direct
154responsibility for ensuring compliance with central database reporting requirements for
155the jurisdiction where the pawn or secondhand business or catalytic converter purchaser
156is located.
157   (24) "Numismatic item" means a coin, collectible paper money, or exonumia.
158   (25) "Original victim" means a victim who is not a party to the pawn or sale transaction or
159catalytic converter purchase and includes:
160(a) an authorized representative designated in writing by the original victim; and
161(b) an insurer who has indemnified the original victim for the loss of the described
162property.
163   (26) "Pawn or secondhand business" means a business operated by a pawnbroker or
164secondhand merchandise dealer, or the owner or operator of the business.
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165   (27) "Pawn transaction" means:
166(a) an extension of credit in which an individual delivers property to a pawnbroker for
167an advance of money and retains the right to redeem the property for the redemption
168price within a fixed period of time;
169(b) a loan of money on one or more deposits of personal property;
170(c) the purchase, exchange, or possession of personal property on condition of selling
171the same property back again to the pledgor or depositor; or
172(d) a loan or advance of money on personal property by the pawnbroker taking chattel
173mortgage security on the personal property, taking or receiving the personal property
174into the pawnbroker's possession, and selling the unredeemed pledges.
175   (28) "Pawnbroker" means a person whose business:
176(a) engages in a pawn transaction; or
177(b) holds itself out as being in the business of a pawnbroker or pawnshop, regardless of
178whether the person or business enters into pawn transactions or secondhand
179merchandise transactions.
180   (29) "Pawnshop" means the physical location or premises where a pawnbroker conducts
181business.
182   (30) "Pledgor" means an individual who conducts a pawn transaction with a pawnshop.
183   (31) "Property" means an article of tangible personal property, numismatic item, precious
184metal, gift card, transaction card, or other physical or digital card or certificate
185evidencing store credit, and includes a wireless communication device.
186   (32) "Retail media item" means recorded music, a movie, or a video game that is produced
187and distributed in hard copy format for retail sale.
188   (33) "Scrap jewelry" means an item purchased solely:
189(a) for its gold, silver, or platinum content; and
190(b) for the purpose of reuse of the metal content.
191   (34)(a) "Secondhand merchandise dealer" means a person whose business:
192(i) engages in a secondhand merchandise transaction; and
193(ii) does not engage in a pawn transaction.
194(b) "Secondhand merchandise dealer" includes a coin dealer and an automated recycling
195kiosk operator.
196(c) "Secondhand merchandise dealer" does not include:
197(i) an antique shop when dealing in antique items;
198(ii) a person who operates an auction house, flea market, or vehicle, vessel, and
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199outboard motor dealers as defined in Section 41-1a-102;
200(iii) the sale of secondhand goods at events commonly known as "garage sales,"
201"yard sales," "estate sales," "storage unit sales," or "storage unit auctions";
202(iv) the sale or receipt of secondhand books, magazines, post cards, or nonelectronic:
203(A) card games;
204(B) table-top games; or
205(C) magic tricks;
206(v) the sale or receipt of used merchandise donated to recognized nonprofit, religious,
207or charitable organizations or any school-sponsored association, and for which no
208compensation is paid;
209(vi) the sale or receipt of secondhand clothing, shoes, furniture, or appliances;
210(vii) a person offering the person's own personal property for sale, purchase,
211consignment, or trade via the [Internet] internet;
212(viii) a person offering the personal property of others for sale, purchase,
213consignment, or trade via the [Internet] internet, when that person does not have,
214and is not required to have, a local business or occupational license or other
215authorization for this activity;
216(ix) an owner or operator of a retail business that:
217(A) receives used merchandise as a trade-in for similar new merchandise[ ]; or
218(B) receives used retail media items as a trade-in for similar new or used retail
219media items;
220(x) an owner or operator of a business that contracts with other persons to offer those
221persons' secondhand goods for sale, purchase, consignment, or trade via the [
222Internet] internet;
223(xi) any dealer as defined in Section 76-6-1402, that concerns scrap metal and
224secondary metals;
225(xii) the purchase of items in bulk that are:
226(A) sold at wholesale in bulk packaging;
227(B) sold by a person licensed to conduct business in Utah; and
228(C) regularly sold in bulk quantities as a recognized form of sale;
229(xiii) the owner or operator of a children's product resale business;
230(xiv) a consignment shop when dealing in consigned property; or
231(xv) a catalytic converter purchaser.
232   (35) "Secondhand merchandise transaction" means the purchase or exchange of used or
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233secondhand property.
234   (36) "Ticket" means a document upon which information is entered when a pawn
235transaction or secondhand merchandise transaction is made.
236   (37) "Transaction card" means a card, code, or other means of access to a value with the
237retail business issued to a person that allows the person to obtain, purchase, or receive
238any of the following:
239(a) goods;
240(b) services;
241(c) money; or
242(d) anything else of value.
243   (38) "Wireless communication device" means a cellular telephone or a portable electronic
244device designed to receive and transmit a text message, email, video, or voice
245communication.
246Section 2. Section 26B-7-501 is amended to read:
24726B-7-501 (Effective 07/01/27). Definitions.
248      As used in this part:
249   (1) "Community location" means the same as that term is defined:
250(a) as it relates to a municipality, in Section 10-8-41.6; and
251(b) as it relates to a county, in Section 17-50-333.
252   (2) "Electronic cigarette" means the same as that term is defined in Section 76-9-1101.
253   (3) "Electronic cigarette product" means the same as that term is defined in Section
25476-9-1101.
255   (4) "Electronic cigarette substance" means the same as that term is defined in Section
25676-9-1101.
257   (5) "Employee" means an employee of a tobacco retailer.
258   (6) "Enforcing agency" means the department, or any local health department enforcing the
259provisions of this part.
260   (7) "General tobacco retailer" means a tobacco retailer that is not a retail tobacco specialty
261business.
262   (8) "Local health department" means the same as that term is defined in Section 26A-1-102.
263   (9) "Manufacture" includes:
264(a) to cast, construct, or make electronic cigarettes; or
265(b) to blend, make, process, or prepare an electronic cigarette substance.
266   [(10) "Manufacturer sealed electronic cigarette substance" means an electronic cigarette
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267substance that is sold in a container that:]
268[(a) is prefilled by the electronic cigarette substance manufacturer; and]
269[(b) the electronic cigarette manufacturer does not intend for a consumer to open.]
270   [(11)] (10) "Manufacturer sealed electronic cigarette product" means:
271(a) an electronic cigarette substance or container that the electronic cigarette
272manufacturer does not intend for a consumer to open or refill; or
273(b) a prefilled electronic cigarette as that term is defined in Section 76-9-1101.
274   (11) "Manufacturer sealed electronic cigarette substance" means an electronic cigarette
275substance that is sold in a container that:
276(a) is prefilled by the electronic cigarette substance manufacturer; and
277(b) the electronic cigarette manufacturer does not intend for a consumer to open.
278   (12) "Nicotine" means the same as that term is defined in Section 76-9-1101.
279   (13) "Nicotine product" means the same as that term is defined in Section 76-9-1101.
280   (14) "Non-tobacco shisha" means any product that:
281(a) does not contain tobacco or nicotine; and
282(b) is smoked or intended to be smoked in a hookah or water pipe.
283   (15) "Owner" means a person holding a 20% ownership interest in the business that is
284required to obtain a permit under this part.
285   (16) "Permit" means a tobacco retail permit issued under Section 26B-7-507.
286   (17) "Place of public access" means any enclosed indoor place of business, commerce,
287banking, financial service, or other service-related activity, whether publicly or privately
288owned and whether operated for profit or not, to which persons not employed at the
289place of public access have general and regular access or which the public uses,
290including:
291(a) buildings, offices, shops, elevators, or restrooms;
292(b) means of transportation or common carrier waiting rooms;
293(c) restaurants, cafes, or cafeterias;
294(d) taverns as defined in Section 32B-1-102, or cabarets;
295(e) shopping malls, retail stores, grocery stores, or arcades;
296(f) libraries, theaters, concert halls, museums, art galleries, planetariums, historical sites,
297auditoriums, or arenas;
298(g) barber shops, hair salons, or laundromats;
299(h) sports or fitness facilities;
300(i) common areas of nursing homes, hospitals, resorts, hotels, motels, "bed and
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301breakfast" lodging facilities, and other similar lodging facilities, including the
302lobbies, hallways, elevators, restaurants, cafeterias, other designated dining areas, and
303restrooms of any of these;
304(j)(i) any child care facility or program subject to licensure or certification under this
305title, including those operated in private homes, when any child cared for under
306that license is present; and
307(ii) any child care, other than child care as defined in Section 26B-2-401, that is not
308subject to licensure or certification under this title, when any child cared for by the
309provider, other than the child of the provider, is present;
310(k) public or private elementary or secondary school buildings and educational facilities
311or the property on which those facilities are located;
312(l) any building owned, rented, leased, or otherwise operated by a social, fraternal, or
313religious organization when used solely by the organization members or the
314members' guests or families;
315(m) any facility rented or leased for private functions from which the general public is
316excluded and arrangements for the function are under the control of the function
317sponsor;
318(n) any workplace that is not a place of public access or a publicly owned building or
319office but has one or more employees who are not owner-operators of the business;
320(o) any area where the proprietor or manager of the area has posted a conspicuous sign
321stating "no smoking", "thank you for not smoking", or similar statement; and
322(p) a holder of a bar establishment license, as defined in Section 32B-1-102.
323   (18)[(a)] "Proof of age" means:
324[(i)] (a) a valid identification card issued under Title 53, Chapter 3, Part 8, Identification
325Card Act;
326[(ii)] (b) a valid identification that:
327[(A)] (i) is substantially similar to an identification card issued under Title 53, Chapter
3283, Part 8, Identification Card Act;
329[(B)] (ii) is issued in accordance with the laws of a state other than Utah in which the
330identification is issued;
331[(C)] (iii) includes date of birth; and
332[(D)] (iv) has a picture affixed;
333[(iii)] (c) a valid driver license certificate that is issued under Title 53, Chapter 3,
334Uniform Driver License Act, or in accordance with the laws of the state in which the
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335valid driver license is issued;
336[(iv)] (d) a valid United States military identification card that:
337[(A)] (i) includes date of birth; and
338[(B)] (ii) has a picture affixed; or
339[(v)] (e) a valid passport.
340[(b) "Proof of age" does not include a valid driving privilege card issued in accordance
341with Section 53-3-207.]
342   (19) "Publicly owned building or office" means any enclosed indoor place or portion of a
343place owned, leased, or rented by any state, county, or municipal government, or by any
344agency supported by appropriation of, or by contracts or grants from, funds derived from
345the collection of federal, state, county, or municipal taxes.
346   (20) "Retail tobacco specialty business" means the same as that term is defined:
347(a) as it relates to a municipality, in Section 10-8-41.6; and
348(b) as it relates to a county, in Section 17-50-333.
349   (21) "Shisha" means any product that:
350(a) contains tobacco or nicotine; and
351(b) is smoked or intended to be smoked in a hookah or water pipe.
352   (22) "Smoking" means:
353(a) the possession of any lighted or heated tobacco product in any form;
354(b) inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or
355hookah that contains:
356(i) tobacco or any plant product intended for inhalation;
357(ii) shisha or non-tobacco shisha;
358(iii) nicotine;
359(iv) a natural or synthetic tobacco substitute; or
360(v) a natural or synthetic flavored tobacco product;
361(c) using an electronic cigarette; or
362(d) using an oral smoking device intended to circumvent the prohibition of smoking in
363this part.
364   (23) "Tax commission license" means a license issued by the State Tax Commission under:
365(a) Section 59-14-201 to sell a cigarette at retail;
366(b) Section 59-14-301 to sell a tobacco product at retail; or
367(c) Section 59-14-803 to sell an electronic cigarette product or a nicotine product.
368   (24) "Tobacco product" means:
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369(a) a tobacco product as defined in Section 76-9-1101; or
370(b) tobacco paraphernalia as defined in Section 76-9-1101.
371   (25) "Tobacco retailer" means a person that is required to obtain a tax commission license.
372Section 3. Section 31A-22-302.5 is amended to read:
37331A-22-302.5 (Effective 07/01/27). Named driver exclusions.
374   (1) A policy of personal lines insurance or combination of personal lines policies purchased
375to satisfy the owner's or operator's security requirement under Section 41-12a-301 may
376specifically exclude from coverage:
377(a) a person who is a resident of the named insured's household, including a person who
378usually makes the person's home in the same household but temporarily lives
379elsewhere; or
380(b) a person who usually or customarily operates the motor vehicle.
381   (2) The named driver exclusion under Subsection (1) is effective only if:
382(a) at the time of the proposed exclusion, each person excluded from coverage satisfies
383the owner's or operator's security requirement under Section 41-12a-301,
384independently of the named insured's proof of owner's or operator's security;
385(b) any named insured and the person excluded from coverage each provide written
386consent to the exclusion; and
387(c) the insurer includes the name of each person excluded from coverage in the evidence
388of insurance provided to an additional insured or loss payee.
389   (3) The provisions of Subsection (2)(a) do not apply to the named driver exclusion of the
390person excluded from coverage if the person's driver license has been denied, suspended,
391or revoked.
392   (4) The named driver exclusion shall remain effective until removed by the insurer.
393   (5) If the driver license of a person excluded from coverage under Subsection (1) has been
394denied, suspended, revoked, or disqualified and the person excluded from coverage
395subsequently operates a motor vehicle, the exclusion shall:
396(a) exclude all liability coverage and all physical damage coverage without regard to the
397comparative fault of the excluded driver;
398(b) proportionately reduce any benefits otherwise payable to the person excluded from
399coverage and to any named insured for benefits payable under uninsured motorist
400coverage, underinsured motorist coverage, personal injury protection coverage, and
401first party medical coverage to the extent the person excluded from coverage was
402comparatively at fault; and
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403(c) if the person excluded from coverage is 50% or more at fault in causing the accident,
404bar both the excluded driver and any named insured from recovering any benefits
405under any coverage listed under Subsection (5)(b).
406   (6) The named driver exclusion under Subsection (1) does not apply when the person
407excluded from coverage is:
408(a) a non-driving passenger in a motor vehicle; or
409(b) a pedestrian.
410   (7) Nothing in this part precludes an insurer from offering motor vehicle insurance
411coverage to an individual who does not possess a valid driver license.
412Section 4. Section 32B-1-102 is amended to read:
41332B-1-102 (Effective 07/01/27). Definitions.
414      As used in this title:
415   (1) "Airport lounge" means a business location:
416(a) at which an alcoholic product is sold at retail for consumption on the premises; and
417(b) that is located at an international airport or domestic airport.
418   (2) "Airport lounge license" means a license issued in accordance with Chapter 5, Retail
419License Act, and Chapter 6, Part 5, Airport Lounge License.
420   (3) "Alcoholic beverage" means the following:
421(a) beer; or
422(b) liquor.
423   (4)(a) "Alcoholic product" means a product that:
424(i) contains at least .5% of alcohol by volume; and
425(ii) is obtained by fermentation, infusion, decoction, brewing, distillation, or other
426process that uses liquid or combinations of liquids, whether drinkable or not, to
427create alcohol in an amount equal to or greater than .5% of alcohol by volume.
428(b) "Alcoholic product" includes an alcoholic beverage.
429(c) "Alcoholic product" does not include any of the following common items that
430otherwise come within the definition of an alcoholic product:
431(i) except as provided in Subsection (4)(d), an extract;
432(ii) vinegar;
433(iii) preserved nonintoxicating cider;
434(iv) essence;
435(v) tincture;
436(vi) food preparation; or
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437(vii) an over-the-counter medicine.
438(d) "Alcoholic product" includes an extract containing alcohol obtained by distillation
439when it is used as a flavoring in the manufacturing of an alcoholic product.
440   (5) "Alcohol training and education seminar" means a seminar that is:
441(a) required by Chapter 1, Part 7, Alcohol Training and Education Act; and
442(b) described in Section 26B-5-205.
443   (6)(a) "Amphitheater" means an outdoor, multi-use performance venue that:
444(i) is primarily used to present live entertainment, including music, dance, comedy,
445and theater;
446(ii) has the capacity to hold over 10,000 patrons; and
447(iii) is located in a county of the first class.
448(b) "Amphitheater" does not include a space that is used to present sporting events or
449sporting competitions.
450   (7) "Arena" means an enclosed building:
451(a) that is managed by:
452(i) the same person who owns the enclosed building;
453(ii) a person who has a majority interest in each person who owns or manages a space
454in the enclosed building; or
455(iii) a person who has authority to direct or exercise control over the management or
456policy of each person who owns or manages a space in the enclosed building;
457(b) that operates as a venue; and
458(c) that has an occupancy capacity of at least 12,500.
459   (8) "Arena license" means a license issued in accordance with Chapter 5, Retail License
460Act, and Chapter 8c, Arena License Act.
461   (9) "Banquet" means an event:
462(a) that is a private event or a privately sponsored event;
463(b) that is held at one or more designated locations approved by the commission in or on
464the premises of:
465(i) a hotel;
466(ii) a resort facility;
467(iii) a sports center;
468(iv) a convention center;
469(v) a performing arts facility;
470(vi) an arena;
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01-26 14:48  2nd Sub. (Gray) H.B. 287
471(vii) a restaurant venue; or
472(viii) an amphitheater;
473(c) for which there is a contract:
474(i) between a person operating a facility listed in Subsection (9)(b) and another
475person that has common ownership of less than 20% with the person operating the
476facility; and
477(ii) under which the person operating a facility listed in Subsection (9)(b) is required
478to provide an alcoholic product at the event; and
479(d) at which food and alcoholic products may be sold, offered for sale, or furnished.
480   (10)(a) "Bar establishment license" means a license issued in accordance with Chapter 5,
481Retail License Act, and Chapter 6, Part 4, Bar Establishment License.
482(b) "Bar establishment license" includes:
483(i) a dining club license;
484(ii) an equity license;
485(iii) a fraternal license; or
486(iv) a bar license.
487   (11) "Bar license" means a license issued in accordance with Chapter 5, Retail License Act,
488and Chapter 6, Part 4, Bar Establishment License.
489   (12)(a) "Beer" means a product that:
490(i) contains:
491(A) at least .5% of alcohol by volume; and
492(B) no more than 5% of alcohol by volume or 4% by weight;
493(ii) is obtained by fermentation, infusion, or decoction of:
494(A) malt; or
495(B) a malt substitute; and
496(iii) is clearly marketed, labeled, and identified as:
497(A) beer;
498(B) ale;
499(C) porter;
500(D) stout;
501(E) lager;
502(F) a malt;
503(G) a malted beverage; or
504(H) seltzer.
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2nd Sub. (Gray) H.B. 287  01-26 14:48
505(b) "Beer" may contain:
506(i) hops extract;
507(ii) caffeine, if the caffeine is a natural constituent of an added ingredient; or
508(iii) a propylene glycol-, ethyl alcohol-, or ethanol-based flavoring agent that:
509(A) is used in the production of beer;
510(B) is in a formula approved by the federal Alcohol and Tobacco Tax and Trade
511Bureau after the formula is filed for approval under 27 C.F.R. Sec. 25.55; and
512(C) does not contribute more than 10% of the overall alcohol content of the beer.
513(c) "Beer" does not include:
514(i) a flavored malt beverage;
515(ii) a product that contains alcohol derived from:
516(A) except as provided in Subsection (12)(b)(iii), spirituous liquor; or
517(B) wine; or
518(iii) a product that contains an additive masking or altering a physiological effect of
519alcohol, including kratom, kava, cannabidiol, or natural or synthetic
520tetrahydrocannabinol.
521   (13) "Beer-only restaurant license" means a license issued in accordance with Chapter 5,
522Retail License Act, and Chapter 6, Part 9, Beer-Only Restaurant License.
523   (14) "Beer retailer" means a business that:
524(a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for
525consumption on or off the business premises; and
526(b) is licensed as:
527(i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise
528Beer Retailer Local Authority; or
529(ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and
530Chapter 6, Part 7, On-Premise Beer Retailer License.
531   (15) "Beer wholesaling license" means a license:
532(a) issued in accordance with Chapter 13, Beer Wholesaling License Act; and
533(b) to import for sale, or sell beer in wholesale or jobbing quantities to one or more retail
534licensees or off-premise beer retailers.
535   (16) "Billboard" means a public display used to advertise, including:
536(a) a light device;
537(b) a painting;
538(c) a drawing;
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01-26 14:48  2nd Sub. (Gray) H.B. 287
539(d) a poster;
540(e) a sign;
541(f) a signboard; or
542(g) a scoreboard.
543   (17) "Brewer" means a person engaged in manufacturing:
544(a) beer;
545(b) heavy beer; or
546(c) a flavored malt beverage.
547   (18) "Brewery manufacturing license" means a license issued in accordance with Chapter
54811, Part 5, Brewery Manufacturing License.
549   (19) "Certificate of approval" means a certificate of approval obtained from the department
550under Section 32B-11-201.
551   (20) "Chartered bus" means a passenger bus, coach, or other motor vehicle provided by a
552bus company to a group of persons pursuant to a common purpose:
553(a) under a single contract;
554(b) at a fixed charge in accordance with the bus company's tariff; and
555(c) to give the group of persons the exclusive use of the passenger bus, coach, or other
556motor vehicle, and a driver to travel together to one or more specified destinations.
557   (21) "Church" means a building:
558(a) set apart for worship;
559(b) in which religious services are held;
560(c) with which clergy is associated; and
561(d) that is tax exempt under the laws of this state.
562   (22) "Commission" means the Alcoholic Beverage Services Commission created in Section
56332B-2-201.
564   (23) "Commissioner" means a member of the commission.
565   (24) "Community location" means:
566(a) a public or private school as defined in Subsection (116);
567(b) a church;
568(c) a public library;
569(d) a public playground; or
570(e) a public park.
571   (25) "Community location governing authority" means:
572(a) the governing body of the community location; or
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2nd Sub. (Gray) H.B. 287  01-26 14:48
573(b) if the commission does not know who is the governing body of a community
574location, a person who appears to the commission to have been given on behalf of the
575community location the authority to prohibit an activity at the community location.
576   (26) "Container" means a receptacle that contains an alcoholic product, including:
577(a) a bottle;
578(b) a vessel; or
579(c) a similar item.
580   (27) "Controlled group of manufacturers" means as the commission defines by rule made in
581accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
582   (28) "Convention center" means a facility that is:
583(a) in total at least 30,000 square feet; and
584(b) otherwise defined as a "convention center" by the commission by rule.
585   (29)(a) "Counter" means a surface or structure in a dining area of a licensed premises
586where seating is provided to a patron for service of food.
587(b) "Counter" does not include a dispensing structure.
588   (30) "Crime involving moral turpitude" is as defined by the commission by rule.
589   (31) "Department" means the Department of Alcoholic Beverage Services created in
590Section 32B-2-203.
591   (32) "Department compliance officer" means an individual who is:
592(a) an auditor or inspector; and
593(b) employed by the department.
594   (33) "Department sample" means liquor that is placed in the possession of the department
595for testing, analysis, and sampling.
596   (34) "Dining club license" means a license issued in accordance with Chapter 5, Retail
597License Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
598commission as a dining club license.
599   (35) "Director," unless the context requires otherwise, means the director of the department.
600   (36) "Disciplinary proceeding" means an adjudicative proceeding permitted under this title:
601(a) against a person subject to administrative action; and
602(b) that is brought on the basis of a violation of this title.
603   (37)(a) Subject to Subsection (37)(b), "dispense" means:
604(i) drawing an alcoholic product; and
605(ii) using the alcoholic product at the location from which it was drawn to mix or
606prepare an alcoholic product to be furnished to a patron of the retail licensee.
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01-26 14:48  2nd Sub. (Gray) H.B. 287
607(b) The definition of "dispense" in this Subsection (37) applies only to:
608(i) a full-service restaurant license;
609(ii) a limited-service restaurant license;
610(iii) a reception center license;
611(iv) a beer-only restaurant license;
612(v) a bar license;
613(vi) an on-premise beer retailer;
614(vii) an airport lounge license;
615(viii) an on-premise banquet license; and
616(ix) a hospitality amenity license.
617   (38) "Dispensing structure" means a surface or structure on a licensed premises:
618(a) where an alcoholic product is dispensed; or
619(b) from which an alcoholic product is served.
620   (39) "Distillery manufacturing license" means a license issued in accordance with Chapter
62111, Part 4, Distillery Manufacturing License.
622   (40) "Distressed merchandise" means an alcoholic product in the possession of the
623department that is saleable, but for some reason is unappealing to the public.
624   (41) "Domestic airport" means an airport that:
625(a) has at least 15,000 commercial airline passenger boardings in any five-year period;
626(b) receives scheduled commercial passenger aircraft service; and
627(c) is not an international airport.
628   (42) "Equity license" means a license issued in accordance with Chapter 5, Retail License
629Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
630commission as an equity license.
631   (43) "Event permit" means:
632(a) a single event permit; or
633(b) a temporary beer event permit.
634   (44) "Exempt license" means a license exempt under Section 32B-1-201 from being
635considered in determining the total number of retail licenses that the commission may
636issue at any time.
637   (45)(a) "Flavored malt beverage" means a beverage:
638(i) that contains at least .5% alcohol by volume;
639(ii) for which the producer is required to file a formula for approval with the federal
640Alcohol and Tobacco Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 because
                                                   - 19 -
2nd Sub. (Gray) H.B. 287  01-26 14:48
641the beverage is treated by processing, filtration, or another method of manufacture
642that is not generally recognized as a traditional process in the production of a beer,
643ale, porter, stout, lager, or malt liquor; and
644(iii) for which the producer is required to file a formula for approval with the federal
645Alcohol and Tobacco Tax and Trade Bureau under 27 C.F.R. Sec. 25.55 because
646the beverage includes an ingredient containing alcohol.
647(b) "Flavored malt beverage" may contain a propylene glycol-, ethyl alcohol-, or
648ethanol-based flavoring agent that contributes to the overall alcohol content of the
649beverage.
650(c) "Flavored malt beverage" does not include beer or heavy beer.
651(d) "Flavored malt beverage" is considered liquor for purposes of this title.
652   (46) "Fraternal license" means a license issued in accordance with Chapter 5, Retail License
653Act, and Chapter 6, Part 4, Bar Establishment License, that is designated by the
654commission as a fraternal license.
655   (47) "Full-service restaurant license" means a license issued in accordance with Chapter 5,
656Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License.
657   (48)(a) "Furnish" means by any means to provide with, supply, or give an individual an
658alcoholic product, by sale or otherwise.
659(b) "Furnish" includes to:
660(i) serve;
661(ii) deliver; or
662(iii) otherwise make available.
663   (49) "Guest" means an individual who meets the requirements of Subsection 32B-6-407(9).
664   (50) "Hard cider" means the same as that term is defined in 26 U.S.C. Sec. 5041.
665   (51) "Health care practitioner" means:
666(a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
667(b) an optometrist licensed under Title 58, Chapter 16a, Utah Optometry Practice Act;
668(c) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
669(d) a physical therapist licensed under Title 58, Chapter 24b, Physical Therapy Practice
670Act;
671(e) a nurse or advanced practice registered nurse licensed under Title 58, Chapter 31b,
672Nurse Practice Act;
673(f) a recreational therapist licensed under Title 58, Chapter 40, Recreational Therapy
674Practice Act;
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01-26 14:48  2nd Sub. (Gray) H.B. 287
675      (g) an occupational therapist licensed under Title 58, Chapter 42a, Occupational
676Therapy Practice Act;
677      (h) a nurse midwife licensed under Title 58, Chapter 44a, Nurse Midwife Practice Act;
678      (i) a mental health professional licensed under Title 58, Chapter 60, Mental Health
679Professional Practice Act;
680      (j) a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act;
681      (k) an osteopath licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice
682Act;
683      (l) a dentist or dental hygienist licensed under Title 58, Chapter 69, Dentist and Dental
684Hygienist Practice Act; and
685      (m) a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant
686Act.
687   (52)(a) "Heavy beer" means a product that:
688(i)(A) contains more than 5% alcohol by volume;
689(B) contains at least .5% of alcohol by volume and no more than 5% of alcohol by
690volume or 4% by weight, and a propolyne glycol-, ethyl alcohol-, or
691ethanol-based flavoring agent that contributes more than 10% of the overall
692alcohol content of the product; or
693(C) contains at least .5% of alcohol by volume and no more than 5% of alcohol by
694volume or 4% by weight, and has a label or packaging that is rejected under
695Subsection 32B-1-606(3)(b); and
696(ii) is obtained by fermentation, infusion, or decoction of:
697(A) malt; or
698(B) a malt substitute.
699      (b) "Heavy beer" may, if the heavy beer contains more than 5% alcohol by volume,
700contain a propolyne glycol-, ethyl alcohol-, or ethanol-based flavoring agent that
701contributes to the overall alcohol content of the heavy beer.
702      (c) "Heavy beer" does not include:
703(i) a flavored malt beverage;
704(ii) a product that contains alcohol derived from:
705(A) except as provided in Subsections (52)(a)(i)(B) and (52)(b), spirituous liquor;
706or
707(B) wine; or
708(iii) a product that contains an additive masking or altering a physiological effect of
                                               - 21 -
2nd Sub. (Gray) H.B. 287  01-26 14:48
709alcohol, including kratom, kava, cannabidiol, or natural or synthetic
710tetrahydrocannabinol.
711(d) "Heavy beer" is considered liquor for the purposes of this title.
712   (53) "Hospitality amenity license" means a license issued in accordance with Chapter 5,
713Retail License Act, and Chapter 6, Part 10, Hospitality Amenity License.
714   (54)(a) "Hotel" means a commercial lodging establishment that:
715(i) offers at least 40 rooms as temporary sleeping accommodations for compensation;
716(ii) is capable of hosting conventions, conferences, and food and beverage functions
717under a banquet contract; and
718(iii)(A) has adequate kitchen or culinary facilities on the premises to provide
719complete meals;
720(B) has at least 1,000 square feet of function space consisting of meeting or dining
721rooms that can be reserved for a banquet and can accommodate at least 75
722individuals; or
723(C) if the establishment is located in a small or unincorporated locality, has an
724appropriate amount of function space consisting of meeting or dining rooms
725that can be reserved for private use under a banquet contract, as determined by
726the commission.
727(b) "Hotel" includes a commercial lodging establishment that:
728(i) meets the requirements under Subsection (54)(a); and
729(ii) has one or more privately owned dwelling units.
730   (55) "Hotel license" means a license issued in accordance with Chapter 5, Retail License
731Act, and Chapter 8b, Hotel License Act.
732   (56) "Identification card" means an identification card issued under Title 53, Chapter 3, Part
7338, Identification Card Act.
734   (57) "Industry representative" means an individual who is compensated by salary,
735commission, or other means for representing and selling an alcoholic product of a
736manufacturer, supplier, or importer of liquor.
737   (58) "Industry representative sample" means liquor that is placed in the possession of the
738department for testing, analysis, and sampling by a local industry representative on the
739premises of the department to educate the local industry representative of the quality and
740characteristics of the product.
741   (59)(a) "Interdicted person" means a person to whom the sale, offer for sale, or
742furnishing of an alcoholic product is prohibited by:
                                                - 22 -
01-26 14:48  2nd Sub. (Gray) H.B. 287
743(i) law; or
744(ii) court order.
745(b) "Interdicted person" includes a person who voluntarily obtains a driver license
746certificate under Section 53-3-236 or an identification card under Section 53-3-805
747with an interdicted person identifier.
748   (60) "International airport" means an airport:
749(a) with a United States Customs and Border Protection office on the premises of the
750airport; and
751(b) at which international flights may enter and depart.
752   (61) "Intoxicated" or "intoxication" means that
753an individual exhibits plain and easily observable outward manifestations of behavior
754or physical signs produced by or as a result of the use of:
755(a) an alcoholic product;
756(b) a controlled substance;
757(c) a substance having the property of releasing toxic vapors; or
758(d) a combination of products or substances described in Subsections (61)(a) through (c).
759   (62) "Investigator" means an individual who is:
760(a) a department compliance officer; or
761(b) a nondepartment enforcement officer.
762   (63) "License" means:
763(a) a retail license;
764(b) a sublicense;
765(c) a license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State
766License;
767(d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses
768Act;
769(e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
770(f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
771(g) a license issued in accordance with Chapter 17, Liquor Transport License Act.
772   (64) "Licensee" means a person who holds a license.
773   (65) "Limited-service restaurant license" means a license issued in accordance with Chapter
7745, Retail License Act, and Chapter 6, Part 3, Limited-Service Restaurant License.
775   (66) "Limousine" means a motor vehicle licensed by the state or a local authority, other
776than a bus or taxicab:
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2nd Sub. (Gray) H.B. 287  01-26 14:48
777(a) in which the driver and a passenger are separated by a partition, glass, or other
778barrier;
779(b) that is provided by a business entity to one or more individuals at a fixed charge in
780accordance with the business entity's tariff; and
781(c) to give the one or more individuals the exclusive use of the limousine and a driver to
782travel to one or more specified destinations.
783   (67)(a)(i) "Liquor" means a liquid that:
784(A) is:
785(I) alcohol;
786(II) an alcoholic, spirituous, vinous, fermented, malt, or other liquid;
787(III) a combination of liquids a part of which is spirituous, vinous, or
788fermented; or
789(IV) other drink or drinkable liquid; and
790(B)(I) contains at least .5% alcohol by volume; and
791(II) is suitable to use for beverage purposes.
792(ii) "Liquor" includes:
793(A) heavy beer;
794(B) wine; and
795(C) a flavored malt beverage.
796(b) "Liquor" does not include beer.
797   (68) "Liquor Control Fund" means the enterprise fund created by Section 32B-2-301.
798   (69) "Liquor transport license" means a license issued in accordance with Chapter 17,
799Liquor Transport License Act.
800   (70) "Liquor warehousing license" means a license that is issued:
801(a) in accordance with Chapter 12, Liquor Warehousing License Act; and
802(b) to a person, other than a licensed manufacturer, who engages in the importation for
803storage, sale, or distribution of liquor regardless of amount.
804   (71) "Local authority" means:
805(a) for premises that are located in an unincorporated area of a county, the governing
806body of a county;
807(b) for premises that are located in an incorporated city or town, the governing body of
808the city or town; or
809(c) for premises that are located in a project area as defined in Section 63H-1-102 and in
810a project area plan adopted by the Military Installation Development Authority under
                                                  - 24 -
01-26 14:48  2nd Sub. (Gray) H.B. 287
811Title 63H, Chapter 1, Military Installation Development Authority Act, the Military
812Installation Development Authority.
813   (72) "Lounge or bar area" is as defined by rule made by the commission.
814   (73) "Malt substitute" means:
815(a) rice;
816(b) grain;
817(c) bran;
818(d) glucose;
819(e) sugar; or
820(f) molasses.
821   (74) "Manufacture" means to distill, brew, rectify, mix, compound, process, ferment, or
822otherwise make an alcoholic product for personal use or for sale or distribution to others.
823   (75) "Member" means an individual who, after paying regular dues, has full privileges in an
824equity licensee or fraternal licensee.
825   (76)(a) "Military installation" means a base, air field, camp, post, station, yard, center, or
826homeport facility for a ship:
827(i)(A) under the control of the United States Department of Defense; or
828(B) of the National Guard;
829(ii) that is located within the state; and
830(iii) including a leased facility.
831(b) "Military installation" does not include a facility used primarily for:
832(i) civil works;
833(ii) a rivers and harbors project; or
834(iii) a flood control project.
835   (77) "Minibar" means an area of a hotel guest room where one or more alcoholic products
836are kept and offered for self-service sale or consumption.
837   (78) "Minor" means an individual under 21 years old.
838   (79) "Nondepartment enforcement agency" means an agency that:
839(a)(i) is a state agency other than the department; or
840(ii) is an agency of a county, city, or town; and
841(b) has a responsibility to enforce one or more provisions of this title.
842   (80) "Nondepartment enforcement officer" means an individual who is:
843(a) a peace officer, examiner, or investigator; and
844(b) employed by a nondepartment enforcement agency.
                                                  - 25 -
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845   (81)(a) "Off-premise beer retailer" means a beer retailer who is:
846(i) licensed in accordance with Chapter 7, Off-Premise Beer Retailer Act; and
847(ii) engaged in the retail sale of beer to a patron for consumption off the beer retailer's
848premises.
849(b) "Off-premise beer retailer" does not include an on-premise beer retailer.
850   (82) "Off-premise beer retailer state license" means a state license issued in accordance
851with Chapter 7, Part 4, Off-premise Beer Retailer State License.
852   (83) "On-premise banquet license" means a license issued in accordance with Chapter 5,
853Retail License Act, and Chapter 6, Part 6, On-Premise Banquet License.
854   (84) "On-premise beer retailer" means a beer retailer who is:
855(a) authorized to sell, offer for sale, or furnish beer under a license issued in accordance
856with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer
857License; and
858(b) engaged in the sale of beer to a patron for consumption on the beer retailer's
859premises:
860(i) regardless of whether the beer retailer sells beer for consumption off the licensed
861premises; and
862(ii) on and after March 1, 2012, operating:
863(A) as a tavern; or
864(B) in a manner that meets the requirements of Subsection 32B-6-703(2)(e)(i).
865   (85) "Opaque" means impenetrable to sight.
866   (86) "Package agency" means a retail liquor location operated:
867(a) under an agreement with the department; and
868(b) by a person:
869(i) other than the state; and
870(ii) who is authorized by the commission in accordance with Chapter 2, Part 6,
871Package Agency, to sell packaged liquor for consumption off the premises of the
872package agency.
873   (87) "Package agent" means a person who holds a package agency.
874   (88) "Patron" means an individual to whom food, beverages, or services are sold, offered
875for sale, or furnished, or who consumes an alcoholic product including:
876(a) a customer;
877(b) a member;
878(c) a guest;
                                                - 26 -
01-26 14:48  2nd Sub. (Gray) H.B. 287
879(d) an attendee of a banquet or event;
880(e) an individual who receives room service;
881(f) a resident of a resort; or
882(g) a hospitality guest, as defined in Section 32B-6-1002, under a hospitality amenity
883license.
884   (89)(a) "Performing arts facility" means a multi-use performance space that:
885(i) is primarily used to present various types of performing arts, including dance,
886music, and theater;
887(ii) contains over 2,500 seats;
888(iii) is owned and operated by a governmental entity; and
889(iv) is located in a city of the first class.
890(b) "Performing arts facility" does not include a space that is used to present sporting
891events or sporting competitions.
892   (90) "Permittee" means a person issued a permit under:
893(a) Chapter 9, Event Permit Act; or
894(b) Chapter 10, Special Use Permit Act.
895   (91) "Person subject to administrative action" means:
896(a) a licensee;
897(b) a permittee;
898(c) a manufacturer;
899(d) a supplier;
900(e) an importer;
901(f) one of the following holding a certificate of approval:
902(i) an out-of-state brewer;
903(ii) an out-of-state importer of beer, heavy beer, or flavored malt beverages; or
904(iii) an out-of-state supplier of beer, heavy beer, or flavored malt beverages; or
905(g) staff of:
906(i) a person listed in Subsections (91)(a) through (f); or
907(ii) a package agent.
908   (92) "Premises" means a building, enclosure, or room used in connection with the storage,
909sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product,
910unless otherwise defined in this title or rules made by the commission.
911   (93) "Prescription" means an order issued by a health care practitioner when:
912(a) the health care practitioner is licensed under Title 58, Occupations and Professions,
                                                  - 27 -
2nd Sub. (Gray) H.B. 287  01-26 14:48
913to prescribe a controlled substance, other drug, or device for medicinal purposes;
914(b) the order is made in the course of that health care practitioner's professional practice;
915and
916(c) the order is made for obtaining an alcoholic product for medicinal purposes only.
917   (94)(a) "Primary spirituous liquor" means the main distilled spirit in a beverage.
918(b) "Primary spirituous liquor" does not include a secondary flavoring ingredient.
919   (95) "Principal license" means:
920(a) a resort license;
921(b) a hotel license; or
922(c) an arena license.
923   (96)(a) "Private event" means a specific social, business, or recreational event:
924(i) for which an entire room, area, or hall is leased or rented in advance by an
925identified group; and
926(ii) that is limited in attendance to people who are specifically designated and their
927guests.
928(b) "Private event" does not include an event to which the general public is invited,
929whether for an admission fee or not.
930   (97) "Privately sponsored event" means a specific social, business, or recreational event:
931(a) that is held in or on the premises of an on-premise banquet licensee; and
932(b) to which entry is restricted by an admission fee.
933   (98)[(a)] "Proof of age" means:
934[(i)] (a) an identification card;
935[(ii)] (b) an identification that:
936[(A)] (i) is substantially similar to an identification card;
937[(B)] (ii) is issued in accordance with the laws of a state other than Utah in which the
938identification is issued;
939[(C)] (iii) includes date of birth; and
940[(D)] (iv) has a picture affixed;
941[(iii)] (c) a valid driver license certificate that:
942[(A)] (i) includes date of birth;
943[(B)] (ii) has a picture affixed; and
944[(C)] (iii) is issued under Title 53, Chapter 3, Uniform Driver License Act, in
945accordance with the laws of the state in which it is issued, or in accordance with
946federal law by the United States Department of State;
                                                    - 28 -
01-26 14:48  2nd Sub. (Gray) H.B. 287
947[(iv)] (d) a military identification card that:
948[(A)] (i) includes date of birth; and
949[(B)] (ii) has a picture affixed; or
950[(v)] (e) a valid passport.
951[(b) "Proof of age" does not include a driving privilege card issued in accordance with
952Section 53-3-207.]
953   (99) "Provisions applicable to a sublicense" means:
954(a) for a full-service restaurant sublicense, the provisions applicable to a full-service
955restaurant license under Chapter 6, Part 2, Full-Service Restaurant License;
956(b) for a limited-service restaurant sublicense, the provisions applicable to a
957limited-service restaurant license under Chapter 6, Part 3, Limited-Service Restaurant
958License;
959(c) for a bar establishment sublicense, the provisions applicable to a bar establishment
960license under Chapter 6, Part 4, Bar Establishment License;
961(d) for an on-premise banquet sublicense, the provisions applicable to an on-premise
962banquet license under Chapter 6, Part 6, On-Premise Banquet License;
963(e) for an on-premise beer retailer sublicense, the provisions applicable to an on-premise
964beer retailer license under Chapter 6, Part 7, On-Premise Beer Retailer License;
965(f) for a beer-only restaurant sublicense, the provisions applicable to a beer-only
966restaurant license under Chapter 6, Part 9, Beer-Only Restaurant License;
967(g) for a hospitality amenity license, the provisions applicable to a hospitality amenity
968license under Chapter 6, Part 10, Hospitality Amenity License; and
969(h) for a spa sublicense, the provisions applicable to the sublicense under Chapter 8d,
970Part 2, Resort Spa Sublicense.
971   (100)(a) "Public building" means a building or permanent structure that is:
972(i) owned or leased by:
973(A) the state; or
974(B) a local government entity; and
975(ii) used for:
976(A) public education;
977(B) transacting public business; or
978(C) regularly conducting government activities.
979(b) "Public building" does not include a building owned by the state or a local
980government entity when the building is used by a person, in whole or in part, for a
                                                 - 29 -
 2nd Sub. (Gray) H.B. 287  01-26 14:48
981proprietary function.
982   (101) "Public conveyance" means a conveyance that the public or a portion of the public
983has access to and a right to use for transportation, including an airline, railroad, bus,
984boat, or other public conveyance.
985   (102) "Reception center" means a business that:
986(a) operates facilities that are at least 5,000 square feet; and
987(b) has as its primary purpose the leasing of the facilities described in Subsection
988(102)(a) to a third party for the third party's event.
989   (103) "Reception center license" means a license issued in accordance with Chapter 5,
990Retail License Act, and Chapter 6, Part 8, Reception Center License.
991   (104)(a) "Record" means information that is:
992(i) inscribed on a tangible medium; or
993(ii) stored in an electronic or other medium and is retrievable in a perceivable form.
994(b) "Record" includes:
995(i) a book;
996(ii) a book of account;
997(iii) a paper;
998(iv) a contract;
999(v) an agreement;
1000  (vi) a document; or
1001  (vii) a recording in any medium.
1002     (105) "Residence" means a person's principal place of abode within Utah.
1003     (106) "Resident," in relation to a resort, means the same as that term is defined in Section
1004  32B-8-102.
1005     (107) "Resort" means the same as that term is defined in Section 32B-8-102.
1006     (108) "Resort facility" is as defined by the commission by rule.
1007     (109) "Resort license" means a license issued in accordance with Chapter 5, Retail License
1008  Act, and Chapter 8, Resort License Act.
1009     (110) "Responsible alcohol service plan" means a written set of policies and procedures that
1010  outlines measures to prevent employees from:
1011  (a) over-serving alcoholic beverages to customers;
1012  (b) serving alcoholic beverages to customers who are actually, apparently, or obviously
1013  intoxicated; and
1014  (c) serving alcoholic beverages to minors.
                                                  - 30 -
 01-26 14:48  2nd Sub. (Gray) H.B. 287
1015     (111) "Restaurant" means a business location:
1016  (a) at which a variety of foods are prepared;
1017  (b) at which complete meals are served; and
1018  (c) that is engaged primarily in serving meals.
1019     (112) "Restaurant license" means one of the following licenses issued under this title:
1020  (a) a full-service restaurant license;
1021  (b) a limited-service restaurant license; or
1022  (c) a beer-only restaurant license.
1023     (113) "Restaurant venue" means a room within a restaurant that:
1024  (a) is located on the licensed premises of a restaurant licensee;
1025  (b) is separated from the area within the restaurant for a patron's consumption of food by
1026  a permanent, opaque, floor-to-ceiling wall such that the inside of the room is not
1027  visible to a patron in the area within the restaurant for a patron's consumption of
1028  food; and
1029  (c)(i) has at least 1,000 square feet that:
1030  (A) may be reserved for a banquet; and
1031  (B) accommodates at least 75 individuals; or
1032  (ii) if the restaurant is located in a small or unincorporated locality, has an
1033  appropriate amount of space, as determined by the commission, that may be
1034  reserved for a banquet.
1035     (114) "Retail license" means one of the following licenses issued under this title:
1036  (a) a full-service restaurant license;
1037  (b) a master full-service restaurant license;
1038  (c) a limited-service restaurant license;
1039  (d) a master limited-service restaurant license;
1040  (e) a bar establishment license;
1041  (f) an airport lounge license;
1042  (g) an on-premise banquet license;
1043  (h) an on-premise beer license;
1044  (i) a reception center license;
1045  (j) a beer-only restaurant license;
1046  (k) a hospitality amenity license;
1047  (l) a resort license;
1048  (m) a hotel license; or
                                                     - 31 -
 2nd Sub. (Gray) H.B. 287  01-26 14:48
1049  (n) an arena license.
1050     (115) "Room service" means furnishing an alcoholic product to a person in a guest room or
1051  privately owned dwelling unit of a:
1052  (a) hotel; or
1053  (b) resort facility.
1054     (116)(a) "School" means a building in which any part is used for more than three hours
1055  each weekday during a school year as a public or private:
1056  (i) elementary school;
1057  (ii) secondary school; or
1058  (iii) kindergarten.
1059  (b) "School" does not include:
1060  (i) a nursery school;
1061  (ii) a day care center;
1062  (iii) a trade and technical school;
1063  (iv) a preschool;
1064  (v) a home school;
1065  (vi) a home-based microschool as defined in Section 53G-6-201; or
1066  (vii) a micro-education entity as defined in Section 53G-6-201.
1067     (117) "Secondary flavoring ingredient" means any spirituous liquor added to a beverage for
1068  additional flavoring that is different in type, flavor, or brand from the primary spirituous
1069  liquor in the beverage.
1070     (118) "Sell" or "offer for sale" means a transaction, exchange, or barter whereby, for
1071  consideration, an alcoholic product is either directly or indirectly transferred, solicited,
1072  ordered, delivered for value, or by a means or under a pretext is promised or obtained,
1073  whether done by a person as a principal, proprietor, or as staff, unless otherwise defined
1074  in this title or the rules made by the commission.
1075     (119) "Serve" means to place an alcoholic product before an individual.
1076     (120) "Sexually oriented entertainer" means a person who while in a state of seminudity
1077  appears at or performs:
1078  (a) for the entertainment of one or more patrons;
1079  (b) on the premises of:
1080  (i) a bar licensee; or
1081  (ii) a tavern;
1082  (c) on behalf of or at the request of the licensee described in Subsection (120)(b);
                                                  - 32 -
 01-26 14:48  2nd Sub. (Gray) H.B. 287
1083  (d) on a contractual or voluntary basis; and
1084  (e) whether or not the person is designated as:
1085  (i) an employee;
1086  (ii) an independent contractor;
1087  (iii) an agent of the licensee; or
1088  (iv) a different type of classification.
1089     (121) "Shared seating area" means the licensed premises of two or more restaurant
1090  licensees that the restaurant licensees share as an area for alcoholic beverage
1091  consumption in accordance with Subsection 32B-5-207(3).
1092     (122) "Single event permit" means a permit issued in accordance with Chapter 9, Part 3,
1093  Single Event Permit.
1094     (123) "Small brewer" means a brewer who manufactures less than 60,000 barrels of beer,
1095  heavy beer, and flavored malt beverage per year, as the department calculates by:
1096  (a) if the brewer is part of a controlled group of manufacturers, including the combined
1097  volume totals of production for all breweries that constitute the controlled group of
1098  manufacturers; and
1099  (b) excluding beer, heavy beer, or flavored malt beverage the brewer:
1100  (i) manufactures that is unfit for consumption as, or in, a beverage, as the commission
1101  determines by rule made in accordance with Title 63G, Chapter 3, Utah
1102  Administrative Rulemaking Act; and
1103  (ii) does not sell for consumption as, or in, a beverage.
1104     (124) "Small or unincorporated locality" means:
1105  (a) a city of the third, fourth, or fifth class, as classified under Section 10-2-301;
1106  (b) a town, as classified under Section 10-2-301; or
1107  (c) an unincorporated area in a county of the third, fourth, or fifth class, as classified
1108  under Section 17-60-104.
1109     (125) "Spa sublicense" means a sublicense:
1110  (a) to a resort license or hotel license; and
1111  (b) that the commission issues in accordance with Chapter 8d, Part 2, Resort Spa
1112  Sublicense.
1113     (126) "Special use permit" means a permit issued in accordance with Chapter 10, Special
1114  Use Permit Act.
1115     (127)(a) "Spirituous liquor" means liquor that is distilled.
1116  (b) "Spirituous liquor" includes an alcoholic product defined as a "distilled spirit" by 27
                                                  - 33 -
 2nd Sub. (Gray) H.B. 287  01-26 14:48
1117  U.S.C. Sec. 211 and 27 C.F.R. Secs. 5.11 through 5.23.
1118     (128) "Sports center" is as defined by the commission by rule.
1119     (129)(a) "Staff" means an individual who engages in activity governed by this title:
1120  (i) on behalf of a business, including a package agent, licensee, permittee, or
1121  certificate holder;
1122  (ii) at the request of the business, including a package agent, licensee, permittee, or
1123  certificate holder; or
1124  (iii) under the authority of the business, including a package agent, licensee, permittee,
1125  or certificate holder.
1126  (b) "Staff" includes:
1127  (i) an officer;
1128  (ii) a director;
1129  (iii) an employee;
1130  (iv) personnel management;
1131  (v) an agent of the licensee, including a managing agent;
1132  (vi) an operator; or
1133  (vii) a representative.
1134     (130) "State of nudity" means:
1135  (a) the appearance of:
1136  (i) the nipple or areola of a female human breast;
1137  (ii) a human genital;
1138  (iii) a human pubic area; or
1139  (iv) a human anus; or
1140  (b) a state of dress that fails to opaquely cover:
1141  (i) the nipple or areola of a female human breast;
1142  (ii) a human genital;
1143  (iii) a human pubic area; or
1144  (iv) a human anus.
1145     (131) "State of seminudity" means a state of dress in which opaque clothing covers no more
1146  than:
1147  (a) the nipple and areola of the female human breast in a shape and color other than the
1148  natural shape and color of the nipple and areola; and
1149  (b) the human genitals, pubic area, and anus:
1150  (i) with no less than the following at its widest point:
                                                 - 34 -
 01-26 14:48  2nd Sub. (Gray) H.B. 287
1151  (A) four inches coverage width in the front of the human body; and
1152  (B) five inches coverage width in the back of the human body; and
1153  (ii) with coverage that does not taper to less than one inch wide at the narrowest point.
1154     (132)(a) "State store" means a facility for the sale of packaged liquor:
1155  (i) located on premises owned or leased by the state; and
1156  (ii) operated by a state employee.
1157  (b) "State store" does not include:
1158  (i) a package agency;
1159  (ii) a licensee; or
1160  (iii) a permittee.
1161     (133)(a) "Storage area" means an area on licensed premises where the licensee stores an
1162  alcoholic product.
1163  (b) "Store" means to place or maintain in a location an alcoholic product.
1164     (134) "Sublicense" means:
1165  (a) any of the following licenses issued as a subordinate license to, and contingent on the
1166  issuance of, a principal license:
1167  (i) a full-service restaurant license;
1168  (ii) a limited-service restaurant license;
1169  (iii) a bar establishment license;
1170  (iv) an on-premise banquet license;
1171  (v) an on-premise beer retailer license;
1172  (vi) a beer-only restaurant license; or
1173  (vii) a hospitality amenity license; or
1174  (b) a spa sublicense.
1175     (135) "Supplier" means a person who sells an alcoholic product to the department.
1176     (136) "Tavern" means an on-premise beer retailer who is:
1177  (a) issued a license by the commission in accordance with Chapter 5, Retail License Act,
1178  and Chapter 6, Part 7, On-Premise Beer Retailer License; and
1179  (b) designated by the commission as a tavern in accordance with Chapter 6, Part 7,
1180  On-Premise Beer Retailer License.
1181     (137) "Temporary beer event permit" means a permit issued in accordance with Chapter 9,
1182  Part 4, Temporary Beer Event Permit.
1183     (138) "Temporary domicile" means the principal place of abode within Utah of a person
1184  who does not have a present intention to continue residency within Utah permanently or
                                                    - 35 -
 2nd Sub. (Gray) H.B. 287  01-26 14:48
1185  indefinitely.
1186     (139) "Translucent" means a substance that allows light to pass through, but does not allow
1187  an object or person to be seen through the substance.
1188     (140) "Unsaleable liquor merchandise" means a container that:
1189  (a) is unsaleable because the container is:
1190  (i) unlabeled;
1191  (ii) leaky;
1192  (iii) damaged;
1193  (iv) difficult to open; or
1194  (v) partly filled;
1195  (b)(i) has faded labels or defective caps or corks;
1196  (ii) has contents that are:
1197  (A) cloudy;
1198  (B) spoiled; or
1199  (C) chemically determined to be impure; or
1200  (iii) contains:
1201  (A) sediment; or
1202  (B) a foreign substance; or
1203  (c) is otherwise considered by the department as unfit for sale.
1204     (141)(a) "Wine" means an alcoholic product obtained by the fermentation of the natural
1205  sugar content of fruits, plants, honey, or milk, or other like substance, whether or not
1206  another ingredient is added.
1207  (b) "Wine" includes:
1208  (i) an alcoholic beverage defined as wine under 27 U.S.C. Sec. 211 and 27 C.F.R.
1209  Sec. 4.10; and
1210  (ii) hard cider.
1211  (c) "Wine" is considered liquor for purposes of this title, except as otherwise provided in
1212  this title.
1213     (142) "Winery manufacturing license" means a license issued in accordance with Chapter
1214  11, Part 3, Winery Manufacturing License.
1215  Section 5. Section 32B-1-406 is amended to read:
1216  32B-1-406 (Effective 07/01/27). Acceptance of identification.
1217     (1) An authorized person may accept as evidence of the legal age of the individual
1218  presenting the following:
                                                 - 36 -
 01-26 14:48  2nd Sub. (Gray) H.B. 287
1219  (a) proof of age; or
1220  (b) if a statement of age is required under Section 32B-1-405:
1221  (i) proof of age; and
1222  (ii) a statement of age.
1223     (2) A statement of age, if properly completed, signed, and filed in accordance with Section
1224  32B-1-405, may be offered as a defense in a case when there is at issue the legality of:
1225  (a) selling, offering for sale, or furnishing an alcoholic product to the individual who
1226  signed the statement of age;
1227  (b) admitting the individual who signed the statement of age into a restricted area; or
1228  (c) allowing the individual who signed the statement of age to be employed in
1229  employment that under this title may not be obtained by a minor.
1230     [(3) An authorized person may not accept a driving privilege card issued in accordance with
1231  Section 53-3-207 as evidence of the legal age of an individual.]
1232  Section 6. Section 41-6a-410 is enacted to read:
1233  41-6a-410 (Effective 07/01/27). Presumption of fault of an unlawfully present
1234     alien.
1235     (1) As used in this section, "unlawfully present alien" means an individual who is
1236  unlawfully present in the United States.
1237     (2) In any civil action brought for damages caused by an accident involving an individual
1238  who is an unlawfully present alien, there is a rebuttable presumption that the unlawfully
1239  present alien is at fault for the accident for purposes of filing an insurance claim.
1240     (3) The presumption described in Subsection (2) may be rebutted by clear and convincing
1241  evidence that the unlawfully present alien was not at fault based on factors related to the
1242  collision, including:
1243  (a) witness statements;
1244  (b) accident reconstruction; or
1245  (c) video evidence.
1246     (4) A peace officer investigating an accident shall include in the accident report described
1247  in Section 41-6a-404:
1248  (a) an indication whether an individual involved in the accident is an unlawfully present
1249  alien; and
1250  (b) if an individual involved in the accident is an unlawfully present alien, an indication
1251  that the presumption described in Subsection (2) applies.
1252     (5) An insurance provider relevant to an accident involving an unlawfully present alien:
                                                  - 37 -
 2nd Sub. (Gray) H.B. 287  01-26 14:48
1253  (a) shall apply the presumption described in Subsection (2); and
1254  (b) may not pay a benefit or settle a claim with an unlawfully present alien.
1255  Section 7. Section 46-1-2 is amended to read:
1256  46-1-2 (Effective 07/01/27). Definitions.
1257        As used in this chapter:
1258     (1) "Acknowledgment" means a notarial act in which a notary certifies that a signer, whose
1259  identity is personally known to the notary or proven on the basis of satisfactory
1260  evidence, has admitted, in the presence of the notary, to voluntarily signing a document
1261  for the document's stated purpose.
1262     (2) "Before me" means that an individual appears in the presence of the notary.
1263     (3) "Commission" means:
1264  (a) to empower to perform notarial acts; or
1265  (b) the written document that gives authority to perform notarial acts, including the
1266  Certificate of Authority of Notary Public that the lieutenant governor issues to a
1267  notary.
1268     (4) "Copy certification" means a notarial act in which a notary certifies that a photocopy is
1269  an accurate copy of a document that is neither a public record nor publicly recorded.
1270     (5) "Electronic notarization" means:
1271  (a) a remote notarization; or
1272  (b) a notarization:
1273  (i) in an electronic format;
1274  (ii) of a document that may be recorded electronically under Subsection 17-71-402(2);
1275  and
1276  (iii) that conforms with rules made under Section 46-1-3.7.
1277     (6) "Electronic recording" means the audio and video recording, described in Subsection
1278  46-1-3.6(3), of a remote notarization.
1279     (7) "Electronic seal" means an electronic version of the seal described in Section 46-1-16,
1280  that conforms with rules made under Subsection 46-1-3.7(1)(d), that a notary may attach
1281  to a notarial certificate to complete an electronic notarization.
1282     (8) "Electronic signature" means the same as that term is defined in Section 46-4-102.
1283     (9) "In the presence of the notary" means that an individual:
1284  (a) is physically present with the notary in close enough proximity to see and hear the
1285  notary; or
1286  (b) communicates with a remote notary by means of an electronic device or process that:
                                                 - 38 -
 01-26 14:48  2nd Sub. (Gray) H.B. 287
1287  (i) allows the individual and remote notary to communicate with one another
1288  simultaneously by sight and sound; and
1289  (ii) complies with rules made under Section 46-1-3.7.
1290     (10) "Jurat" means a notarial act in which a notary certifies:
1291  (a) the identity of a signer who:
1292  (i) is personally known to the notary; or
1293  (ii) provides the notary satisfactory evidence of the signer's identity;
1294  (b) that the signer affirms or swears an oath attesting to the truthfulness of a document;
1295  and
1296  (c) that the signer voluntarily signs the document in the presence of the notary.
1297     (11) "Notarial act" or "notarization" means an act that a notary is authorized to perform
1298  under Section 46-1-6.
1299     (12) "Notarial certificate" means the affidavit described in Section 46-1-6.5 that is:
1300  (a) a part of or attached to a notarized document; and
1301  (b) completed by the notary and bears the notary's signature and official seal.
1302     (13)(a) "Notary" means an individual commissioned to perform notarial acts under this
1303  chapter.
1304  (b) "Notary" includes a remote notary.
1305     (14) "Oath" or "affirmation" means a notarial act in which a notary certifies that a person
1306  made a vow or affirmation in the presence of the notary on penalty of perjury.
1307     (15) "Official misconduct" means a notary's performance of any act prohibited or failure to
1308  perform any act mandated by this chapter or by any other law in connection with a
1309  notarial act.
1310     (16)(a) "Official seal" means the seal described in Section 46-1-16 that a notary may
1311  attach to a notarial certificate to complete a notarization.
1312  (b) "Official seal" includes an electronic seal.
1313     (17) "Personally known" means familiarity with an individual resulting from interactions
1314  with that individual over a period of time sufficient to eliminate every reasonable doubt
1315  that the individual has the identity claimed.
1316     (18) "Remote notarization" means a notarial act performed by a remote notary in
1317  accordance with this chapter for an individual who is not in the physical presence of the
1318  remote notary at the time the remote notary performs the notarial act.
1319     (19) "Remote notary" means a notary that holds an active remote notary certification under
1320  Section 46-1-3.5.
                                                  - 39 -
 2nd Sub. (Gray) H.B. 287  01-26 14:48
1321     (20)(a) "Satisfactory evidence of identity" means:
1322  (i) for both an in-person and remote notarization, identification of an individual based
1323  on:
1324  (A) subject to Subsection (20)(b), valid personal identification with the
1325  individual's photograph, signature, and physical description that the United
1326  States government, any state within the United States, or a foreign government
1327  issues;
1328  (B) subject to Subsection (20)(b), a valid passport that any nation issues; or
1329  (C) the oath or affirmation of a credible person who is personally known to the
1330  notary and who personally knows the individual; and
1331  (ii) for a remote notarization only, a third party's affirmation of an individual's
1332  identity in accordance with rules made under Section 46-1-3.7 by means of:
1333  (A) dynamic knowledge-based authentication, which may include requiring the
1334  individual to answer questions about the individual's personal information
1335  obtained from public or proprietary data sources; or
1336  (B) analysis of the individual's biometric data, which may include facial
1337  recognition, voiceprint analysis, or fingerprint analysis.
1338  (b) "Satisfactory evidence of identity," for a remote notarization, requires the
1339  identification described in Subsection (20)(a)(i)(A) or passport described in
1340  Subsection (20)(a)(i)(B) to be verified through public or proprietary data sources in
1341  accordance with rules made under Section 46-1-3.7.
1342  (c) "Satisfactory evidence of identity" does not include[:]
1343  [(i) a driving privilege card under Subsection 53-3-207(12); or]
1344  [(ii) another] a document that is not considered valid for identification.
1345     (21) "Signature witnessing" means a notarial act in which an individual:
1346  (a) appears in the presence of the notary and presents a document;
1347  (b) provides the notary satisfactory evidence of the individual's identity, or is personally
1348  known to the notary; and
1349  (c) signs the document in the presence of the notary.
1350  Section 8. Section 53-3-102 is amended to read:
1351  53-3-102 (Effective 07/01/27). Definitions.
1352        As used in this chapter:
1353     (1) "Autocycle" means a motor vehicle that:
1354  (a) is designed to travel with three or fewer wheels in contact with the ground; and
                                                  - 40 -
 01-26 14:48  2nd Sub. (Gray) H.B. 287
1355  (b) is equipped with:
1356  (i) a steering mechanism;
1357  (ii) seat belts; and
1358  (iii) seating that does not require the operator to straddle or sit astride the motor
1359  vehicle.
1360     (2) "Cancellation" means the termination by the division of a license issued through error or
1361  fraud or for which consent under Section 53-3-211 has been withdrawn.
1362     (3) "Class D license" means the class of license issued to drive motor vehicles not defined
1363  as commercial motor vehicles or motorcycles under this chapter.
1364     (4) "Commercial driver instruction permit" or "CDIP" means a commercial learner permit:
1365  (a) issued under Section 53-3-408; or
1366  (b) issued by a state or other jurisdiction of domicile in compliance with the standards
1367  contained in 49 C.F.R. Part 383.
1368     (5) "Commercial driver license" or "CDL" means a license:
1369  (a) issued substantially in accordance with the requirements of Title XII, Pub. L. 99-570,
1370  the Commercial Motor Vehicle Safety Act of 1986, and in accordance with Part 4,
1371  Uniform Commercial Driver License Act, which authorizes the holder to drive a class
1372  of commercial motor vehicle; and
1373  (b) that was obtained by providing evidence of lawful presence in the United States with
1374  one of the document requirements described in Subsection 53-3-410(1)(i)(i).
1375     (6)(a) "Commercial driver license motor vehicle record" or "CDL MVR" means a
1376  driving record that:
1377  (i) applies to a person who holds or is required to hold a commercial driver
1378  instruction permit or a CDL license; and
1379  (ii) contains the following:
1380  (A) information contained in the driver history, including convictions, pleas held
1381  in abeyance, disqualifications, and other licensing actions for violations of any
1382  state or local law relating to motor vehicle traffic control, committed in any
1383  type of vehicle;
1384  (B) driver self-certification status information under Section 53-3-410.1; and
1385  (C) information from medical certification record keeping in accordance with 49
1386  C.F.R. Sec. 383.73(o).
1387  (b) "Commercial driver license motor vehicle record" or "CDL MVR" does not mean a
1388  motor vehicle record described in Subsection [(32)] (31).
                                                 - 41 -
 2nd Sub. (Gray) H.B. 287  01-26 14:48
1389     (7)(a) "Commercial motor vehicle" means a motor vehicle or combination of motor
1390        vehicles designed or used to transport passengers or property if the motor vehicle:
1391  (i) has a gross vehicle weight rating or gross vehicle weight of 26,001 or more
1392  pounds, or gross combination weight rating or gross combination weight of
1393  26,001 or more pounds or a lesser rating as determined by federal regulation;
1394  (ii) is designed to transport 16 or more passengers, including the driver; or
1395  (iii) is transporting hazardous materials and is required to be placarded in accordance
1396  with 49 C.F.R. Part 172, Subpart F.
1397        (b) The following vehicles are not considered a commercial motor vehicle for purposes
1398  of Part 4, Uniform Commercial Driver License Act:
1399  (i) equipment owned and operated by the United States Department of Defense when
1400  driven by any active duty military personnel and members of the reserves and
1401  national guard on active duty including personnel on full-time national guard duty,
1402  personnel on part-time training, and national guard military technicians and
1403  civilians who are required to wear military uniforms and are subject to the code of
1404  military justice;
1405  (ii) vehicles controlled and driven by a farmer to transport agricultural products, farm
1406  machinery, or farm supplies to or from a farm within 150 miles of his farm but not
1407  in operation as a motor carrier for hire;
1408  (iii) firefighting and emergency vehicles;
1409  (iv) recreational vehicles that are not used in commerce and are driven solely as
1410  family or personal conveyances for recreational purposes; and
1411  (v) vehicles used to provide transportation network services, as defined in Section
1412  13-51-102.
1413     (8) "Conviction" means any of the following:
1414        (a) an unvacated adjudication of guilt or a determination that a person has violated or
1415  failed to comply with the law in a court of original jurisdiction or an administrative
1416  proceeding;
1417        (b) an unvacated forfeiture of bail or collateral deposited to secure a person's appearance
1418  in court;
1419        (c) a plea of guilty or nolo contendere accepted by the court;
1420        (d) the payment of a fine or court costs; or
1421        (e) violation of a condition of release without bail, regardless of whether the penalty is
1422  rebated, suspended, or probated.
                                               - 42 -
 01-26 14:48  2nd Sub. (Gray) H.B. 287
1423     (9) "Denial" or "denied" means the withdrawal of a driving privilege by the division to
1424  which the provisions of Title 41, Chapter 12a, Part 4, Proof of Owner's or Operator's
1425  Security, do not apply.
1426     (10) "Director" means the division director appointed under Section 53-3-103.
1427     (11) "Disqualification" means either:
1428  (a) the suspension, revocation, cancellation, denial, or any other withdrawal by a state of
1429  a person's privileges to drive a commercial motor vehicle;
1430  (b) a determination by the Federal Highway Administration, under 49 C.F.R. Part 386,
1431  that a person is no longer qualified to drive a commercial motor vehicle under 49
1432  C.F.R. Part 391; or
1433  (c) the loss of qualification that automatically follows conviction of an offense listed in
1434  49 C.F.R. Part 383.51.
1435     (12) "Division" means the Driver License Division of the department created in Section
1436  53-3-103.
1437     (13) "Downgrade" means to obtain a lower license class than what was originally issued
1438  during an existing license cycle.
1439     (14) "Drive" means:
1440  (a) to operate or be in physical control of a motor vehicle upon a highway; and
1441  (b) in Subsections 53-3-414(1) through (3), Subsection 53-3-414(5), and Sections
1442  53-3-417 and 53-3-418, the operation or physical control of a motor vehicle at any
1443  place within the state.
1444     (15)(a) "Driver" means an individual who drives, or is in actual physical control of a
1445  motor vehicle in any location open to the general public for purposes of vehicular
1446  traffic.
1447  (b) In Part 4, Uniform Commercial Driver License Act, "driver" includes any person
1448  who is required to hold a CDL under Part 4, Uniform Commercial Driver License
1449  Act, or federal law.
1450     [(16) "Driving privilege card" means the evidence of the privilege granted and issued under
1451  this chapter to drive a motor vehicle to a person whose privilege was obtained without
1452  providing evidence of lawful presence in the United States.]
1453     [(17)] (16) "Electronic license certificate" means the evidence, in an electronic format as
1454  described in Section 53-3-235, of a privilege granted under this chapter to drive a motor
1455  vehicle.
1456     [(18)] (17) "Extension" means a renewal completed in a manner specified by the division.
                                                 - 43 -
 2nd Sub. (Gray) H.B. 287  01-26 14:48
1457     [(19)] (18) "Farm tractor" means every motor vehicle designed and used primarily as a farm
1458  implement for drawing plows, mowing machines, and other implements of husbandry.
1459     [(20)] (19) "Highway" means the entire width between property lines of every way or place
1460  of any nature when any part of it is open to the use of the public, as a matter of right, for
1461  traffic.
1462     [(21)] (20) "Human driver" means the same as that term is defined in Section 41-26-102.1.
1463     [(22)] (21) "Identification card" means a card issued under Part 8, Identification Card Act, to
1464  a person for identification purposes.
1465     [(23)] (22) "Indigent" means that a person's income falls below the federal poverty guideline
1466  issued annually by the United States Department of Health and Human Services in the
1467  Federal Register.
1468     [(24)] (23) "Interdicted person" means the same as that term is defined in Section 32B-1-102.
1469     [(25)] (24) "Interdicted person identifier" means language and other security features on a
1470  license certificate or identification card indicating that the person is an interdicted
1471  person, which features include:
1472  (a) the language "No Alcohol Sale"; and
1473  (b) other security features identifying the individual as being restricted from purchasing
1474  alcohol, including a prominent red stripe on the front of the license or identification
1475  card.
1476     [(26)] (25) "License" means the privilege to drive a motor vehicle.
1477     [(27)] (26)(a) "License certificate" means the evidence of the privilege issued under this
1478  chapter to drive a motor vehicle.
1479  (b) "License certificate" evidence includes:
1480  (i) a regular license certificate;
1481  (ii) a limited-term license certificate;
1482  [(iii) a driving privilege card;]
1483  [(iv)] (iii) a CDL license certificate;
1484  [(v)] (iv) a limited-term CDL license certificate;
1485  [(vi)] (v) a temporary regular license certificate;
1486  [(vii)] (vi) a temporary limited-term license certificate; and
1487  [(viii)] (vii) an electronic license certificate created in Section 53-3-235.
1488     [(28)] (27) "Limited-term commercial driver license" or "limited-term CDL" means a
1489  license:
1490  (a) issued substantially in accordance with the requirements of Title XII, Pub. L. No.
                                                  - 44 -
 01-26 14:48  2nd Sub. (Gray) H.B. 287
1491  99-570, the Commercial Motor Vehicle Safety Act of 1986, and in accordance with
1492  Part 4, Uniform Commercial Driver License Act, which authorizes the holder to drive
1493  a class of commercial motor vehicle; and
1494  (b) that was obtained by providing evidence of lawful presence in the United States with
1495  one of the document requirements described in Subsection 53-3-410(1)(i)(ii).
1496     [(29)] (28) "Limited-term identification card" means an identification card issued under this
1497  chapter to a person whose card was obtained by providing evidence of lawful presence
1498  in the United States with one of the document requirements described in Subsection
1499  53-3-804(2)(i)(ii).
1500     [(30)] (29) "Limited-term license certificate" means the evidence of the privilege granted
1501  and issued under this chapter to drive a motor vehicle to a person whose privilege was
1502  obtained providing evidence of lawful presence in the United States with one of the
1503  document requirements described in Subsection 53-3-205(8)(a)(ii)(B).
1504     [(31)] (30) "Motor vehicle" means the same as that term is defined in Section 41-1a-102.
1505     [(32)] (31) "Motor vehicle record" or "MVR" means a driving record under Subsection
1506  53-3-109(7)(a).
1507     [(33)] (32) "Motorboat" means the same as that term is defined in Section 73-18-2.
1508     [(34)] (33) "Motorcycle" means every motor vehicle, other than a tractor, having a seat or
1509  saddle for the use of the rider and designed to travel with not more than three wheels in
1510  contact with the ground.
1511     [(35)] (34) "Office of Recovery Services" means the Office of Recovery Services, created in
1512  Section 26B-9-103.
1513     [(36)] (35) "Operate" means the same as that term is defined in Section 41-1a-102.
1514     [(37)] (36)(a) "Owner" means a person other than a lien holder having an interest in the
1515  property or title to a vehicle.
1516  (b) "Owner" includes a person entitled to the use and possession of a vehicle subject to a
1517  security interest in another person but excludes a lessee under a lease not intended as
1518  security.
1519     [(38)] (37) "Penalty accounts receivable" means a fine, restitution, forfeiture, fee, surcharge,
1520  or other financial penalty imposed on an individual by a court or other government
1521  entity.
1522     [(39)] (38)(a) "Private passenger carrier" means any motor vehicle for hire that is:
1523  (i) designed to transport 15 or fewer passengers, including the driver; and
1524  (ii) operated to transport an employee of the person that hires the motor vehicle.
                                                 - 45 -
 2nd Sub. (Gray) H.B. 287  01-26 14:48
1525  (b) "Private passenger carrier" does not include:
1526  (i) a taxicab;
1527  (ii) a motor vehicle driven by a transportation network driver as defined in Section
1528  13-51-102;
1529  (iii) a motor vehicle driven for transportation network services as defined in Section
1530  13-51-102; and
1531  (iv) a motor vehicle driven for a transportation network company as defined in
1532  Section 13-51-102 and registered with the Division of Consumer Protection as
1533  described in Section 13-51-104.
1534     [(40)] (39) "Regular identification card" means an identification card issued under this
1535  chapter to a person whose card was obtained by providing evidence of lawful presence
1536  in the United States with one of the document requirements described in Subsection
1537  53-3-804(2)(i)(i).
1538     [(41)] (40) "Regular license certificate" means the evidence of the privilege issued under
1539  this chapter to drive a motor vehicle whose privilege was obtained by providing
1540  evidence of lawful presence in the United States with one of the document requirements
1541  described in Subsection 53-3-205(8)(a)(ii)(A).
1542     [(42)] (41) "Renewal" means to validate a license certificate so that it expires at a later date.
1543     [(43)] (42) "Reportable violation" means an offense required to be reported to the division
1544  as determined by the division and includes those offenses against which points are
1545  assessed under Section 53-3-221.
1546     [(44)] (43)(a) "Resident" means an individual who:
1547  (i) has established a domicile in this state, as defined in Section 41-1a-202, or
1548  regardless of domicile, remains in this state for an aggregate period of six months
1549  or more during any calendar year;
1550  (ii) engages in a trade, profession, or occupation in this state, or who accepts
1551  employment in other than seasonal work in this state, and who does not commute
1552  into the state;
1553  (iii) declares himself to be a resident of this state by obtaining a valid Utah driver
1554  license certificate or motor vehicle registration; or
1555  (iv) declares himself a resident of this state to obtain privileges not ordinarily
1556  extended to nonresidents, including going to school, or placing children in school
1557  without paying nonresident tuition or fees.
1558  (b) "Resident" does not include any of the following:
                                                  - 46 -
 01-26 14:48  2nd Sub. (Gray) H.B. 287
1559  (i) a member of the military, temporarily stationed in this state;
1560  (ii) an out-of-state student, as classified by an institution of higher education,
1561  regardless of whether the student engages in any type of employment in this state;
1562  (iii) a person domiciled in another state or country, who is temporarily assigned in
1563  this state, assigned by or representing an employer, religious or private
1564  organization, or a governmental entity; or
1565  (iv) an immediate family member who resides with or a household member of a
1566  person listed in Subsections [(44)(b)(i)] (43)(b)(i) through (iii).
1567     [(45)] (44) "Revocation" means the termination by action of the division of a licensee's
1568  privilege to drive a motor vehicle.
1569     [(46)] (45)(a) "School bus" means a commercial motor vehicle used to transport
1570  pre-primary, primary, or secondary school students to and from home and school, or
1571  to and from school sponsored events.
1572  (b) "School bus" does not include a bus used as a common carrier as defined in Section
1573  59-12-102.
1574     [(47)] (46) "Suspension" means the temporary withdrawal by action of the division of a
1575  licensee's privilege to drive a motor vehicle.
1576     [(48)] (47) "Taxicab" means any class D motor vehicle transporting any number of
1577  passengers for hire and that is subject to state or federal regulation as a taxi.
1578  Section 9. Section 53-3-105 is amended to read:
1579  53-3-105 (Effective 07/01/27). Fees for licenses, renewals, extensions,
1580     reinstatements, rescheduling, and identification cards.
1581        Except as provided in Subsection [(39)] (37), the following fees apply under this chapter:
1582     (1) An original class D license application under Section 53-3-205 is $52.
1583     (2) An original provisional license application for a class D license under Section 53-3-205
1584  is $39.
1585     (3) An original limited term license application under Section 53-3-205 is $32.
1586     (4) An original application for a motorcycle endorsement under Section 53-3-205 is $18.
1587     (5) An original application for a taxicab endorsement under Section 53-3-205 is $14.
1588     (6) A learner permit application under Section 53-3-210.5 is $19.
1589     (7) A renewal of a class D license under Section 53-3-214 is $52 unless Subsection (12)
1590  applies.
1591     (8) A renewal of a provisional license application for a class D license under Section
1592  53-3-214 is $52.
                                                    - 47 -
 2nd Sub. (Gray) H.B. 287  01-26 14:48
1593     (9) A renewal of a limited term license application under Section 53-3-214 is $32.
1594     (10) A renewal of a motorcycle endorsement under Section 53-3-214 is $18.
1595     (11) A renewal of a taxicab endorsement under Section 53-3-214 is $14.
1596     (12) A renewal of a class D license for an individual 65 years old and older under Section
1597  53-3-214 is $27.
1598     (13) An extension of a class D license under Section 53-3-214 is $42 unless Subsection (17)
1599  applies.
1600     (14) An extension of a provisional license application for a class D license under Section
1601  53-3-214 is $42.
1602     (15) An extension of a motorcycle endorsement under Section 53-3-214 is $18.
1603     (16) An extension of a taxicab endorsement under Section 53-3-214 is $14.
1604     (17) An extension of a class D license for an individual 65 years old and older under
1605  Section 53-3-214 is $22.
1606     (18) An original or renewal application for a commercial class A, B, or C license or an
1607  original or renewal of a provisional commercial class A or B license under Part 4,
1608  Uniform Commercial Driver License Act, is $52.
1609     (19) A commercial class A, B, or C license skills test is $78.
1610     (20) Each original CDL endorsement for passengers, hazardous material, double or triple
1611  trailers, or tankers is $9.
1612     (21) An original CDL endorsement for a school bus under Part 4, Uniform Commercial
1613  Driver License Act, is $9.
1614     (22) A renewal of a CDL endorsement under Part 4, Uniform Commercial Driver License
1615  Act, is $9.
1616     (23)(a) A retake of a CDL knowledge test provided for in Section 53-3-205 is $26.
1617  (b) A retake of a CDL skills test provided for in Section 53-3-205 is $52.
1618     (24) A retake of a CDL endorsement test provided for in Section 53-3-205 is $9.
1619     (25) A duplicate class A, B, C, or D license certificate under Section 53-3-215 is $23.
1620     (26)(a) A license reinstatement application under Section 53-3-205 is $40.
1621  (b) A license reinstatement application under Section 53-3-205 for an alcohol, drug, or
1622  combination of alcohol and any drug-related offense is $45 in addition to the fee
1623  under Subsection (26)(a).
1624     (27)(a) An administrative fee for license reinstatement after an alcohol, drug, or
1625  combination of alcohol and any drug-related offense under Section 41-6a-520,
1626  53-3-223, or 53-3-231 or an alcohol, drug, or combination of alcohol and any
                                                - 48 -
 01-26 14:48  2nd Sub. (Gray) H.B. 287
1627  drug-related offense under Part 4, Uniform Commercial Driver License Act, is $255.
1628  (b) This administrative fee is in addition to the fees under Subsection (26).
1629     (28)(a) An administrative fee for providing the driving record of a driver under Section
1630  53-3-104 or 53-3-420 is $8.
1631  (b) The division may not charge for a report furnished under Section 53-3-104 to a
1632  municipal, county, state, or federal agency.
1633     (29) A rescheduling fee under Section 53-3-205 or 53-3-407 is $25.
1634     (30)(a) Except as provided under Subsections (30)(b) and (c), an identification card
1635  application under Section 53-3-808 is $23.
1636  (b) An identification card application under Section 53-3-808 for a person with a
1637  disability, as defined in 42 U.S.C. Sec. 12102, is $17.
1638  (c) A fee may not be charged for an identification card application if the individual
1639  applying:
1640  (i)(A) has not been issued a Utah driver license;
1641  (B) is indigent; and
1642  (C) is at least 18 years old;
1643  (ii) submits written verification that the individual is homeless, as defined in Section
1644  26B-3-207, a person who is homeless, as defined in Section 35A-5-302, or a child
1645  or youth who is homeless, as defined in 42 U.S.C. Sec. 11434a(2), from:
1646  (A) a homeless shelter, as defined in Section 35A-16-305;
1647  (B) a permanent housing, permanent, supportive, or transitional facility, as defined
1648  in Section 35A-5-302;
1649  (C) the Department of Workforce Services; or
1650  (D) a local educational agency liaison for homeless children and youth designated
1651  under 42 U.S.C. Sec. 11432(g)(1)(J)(ii); or
1652  (iii) is under 26 years old and submits written verification that the individual:
1653  (A) is in the custody of the Division of Child and Family Services; or
1654  (B) was in the custody of the Division of Child and Family Services but is no
1655  longer in the custody of the Division of Child and Family Services due to the
1656  individual's age.
1657     (31)(a) An extension of a regular identification card under Subsection 53-3-807(4) for a
1658  person with a disability, as defined in 42 U.S.C. Sec. 12102, is $17.
1659  (b) The fee described in Subsection (31)(a) is waived if the applicant submits written
1660  verification that the individual is homeless, as defined in Section 26B-3-207, or a
                                                - 49 -
 2nd Sub. (Gray) H.B. 287  01-26 14:48
1661  person who is homeless, as defined in Section 35A-5-302, or a child or youth who is
1662  homeless, as defined in 42 U.S.C. Sec. 11434a(2), from:
1663  (i) a homeless shelter, as defined in Section 35A-16-305;
1664  (ii) a permanent housing, permanent, supportive, or transitional facility, as defined in
1665  Section 35A-5-302;
1666  (iii) the Department of Workforce Services;
1667  (iv) a homeless service provider as verified by the Department of Workforce Services
1668  as described in Section 26B-8-113; or
1669  (v) a local educational agency liaison for homeless children and youth designated
1670  under 42 U.S.C. Sec. 11432(g)(1)(J)(ii).
1671     (32)(a) An extension of a regular identification card under Subsection 53-3-807(5) is
1672  $23.
1673  (b) The fee described in Subsection (32)(a) is waived if the applicant submits written
1674  verification that the individual is homeless, as defined in Section 26B-3-207, or a
1675  person who is homeless, as defined in Section 35A-5-302, from:
1676  (i) a homeless shelter, as defined in Section 35A-16-305;
1677  (ii) a permanent housing, permanent, supportive, or transitional facility, as defined in
1678  Section 35A-5-302;
1679  (iii) the Department of Workforce Services; or
1680  (iv) a homeless service provider as verified by the Department of Workforce Services
1681  as described in Section 26B-8-113.
1682     (33) In addition to any license application fees collected under this chapter, the division
1683  shall impose on individuals submitting fingerprints in accordance with Section
1684  53-3-205.5 the fees that the Bureau of Criminal Identification is authorized to collect for
1685  the services the Bureau of Criminal Identification provides under Section 53-3-205.5.
1686     (34) An original mobility vehicle permit application under Section 41-6a-1118 is $30.
1687     (35) A renewal of a mobility vehicle permit under Section 41-6a-1118 is $30.
1688     (36) A duplicate mobility vehicle permit under Section 41-6a-1118 is $12.
1689     [(37) An original driving privilege card application under Section 53-3-207 is $32.]
1690     [(38) A renewal of a driving privilege card application under Section 53-3-207 is $23.]
1691     [(39)] (37) A fee may not be charged for an original class D license application, original
1692  provisional license application for a class D license, or a learner permit application if the
1693  individual applying is:
1694  (a) under the 26 years old; and
                                                 - 50 -
 01-26 14:48  2nd Sub. (Gray) H.B. 287
1695  (b) submits written verification that the individual:
1696  (i) is in the custody of the Division of Child and Family Services; or
1697  (ii) was in the custody of the Division of Child and Family Services but is no longer
1698  in the custody of the Division of Child and Family Services due to the individual's
1699  age.
1700     [(40)] (38) An administrative fee to add an interdicted person identifier to a license
1701  certificate under Section 53-3-236 or identification card under Section 53-3-805 is $7.
1702  Section 10. Section 53-3-106 is amended to read:
1703  53-3-106 (Effective 07/01/27). Disposition of revenues under this chapter --
1704     Restricted account created -- Uses as provided by appropriation -- Nonlapsing.
1705     (1) There is created within the Transportation Fund a restricted account known as the
1706  "Department of Public Safety Restricted Account."
1707     (2) The account consists of money generated from the following revenue sources:
1708  (a) all money received under this chapter;
1709  (b) administrative fees received according to the fee schedule authorized under this
1710  chapter and Section 63J-1-504;
1711  (c) beginning on January 1, 2013, money received in accordance with Section
1712  41-1a-1201; and
1713  (d) any appropriations made to the account by the Legislature.
1714     (3)(a) The account shall earn interest.
1715  (b) All interest earned on account money shall be deposited into the account.
1716     (4) The expenses of the department in carrying out this chapter shall be provided for by
1717  legislative appropriation from this account.
1718     (5) The amount in excess of $45 of the fees collected under Subsection 53-3-105(27) shall
1719  be appropriated by the Legislature from this account to the department to implement the
1720  provisions of Section 53-1-117, except that of the amount in excess of $45, $100 shall
1721  be deposited into the State Laboratory Drug Testing Account created in Section
1722  26B-1-304.
1723     (6) All money received under Subsection 41-6a-1406(7)(b)(ii) shall be appropriated by the
1724  Legislature from this account to the department to implement the provisions of Section
1725  53-1-117.
1726     (7) Beginning in fiscal year 2009-10, the Legislature shall appropriate $100,000 annually
1727  from the account to the state medical examiner appointed under Section 26B-8-202 for
1728  use in carrying out duties related to highway crash deaths under Subsection
                                                 - 51 -
 2nd Sub. (Gray) H.B. 287  01-26 14:48
1729  26B-8-205(1).
1730     [(8) The division shall remit the fees collected under Subsection 53-3-105(31) to the Bureau
1731  of Criminal Identification to cover the costs for the services the Bureau of Criminal
1732  Identification provides under Section 53-3-205.5.]
1733     [(9)] (8)(a) Beginning on January 1, 2013, the Legislature shall appropriate all money
1734  received in the account under Section 41-1a-1201 to the Utah Highway Patrol
1735  Division for field operations.
1736  (b) The Legislature may appropriate additional money from the account to the Utah
1737  Highway Patrol Division for law enforcement purposes.
1738     [(10)] (9) Appropriations to the department from the account are nonlapsing.
1739     [(11)] (10) The department shall report to the Department of Health and Human Services, on
1740  or before December 31, the amount the department expects to collect under Subsection
1741  53-3-105(27) in the next fiscal year.
1742  Section 11. Section 53-3-204 is amended to read:
1743  53-3-204 (Effective 05/06/26). Persons who may not be licensed.
1744     (1)(a) The division may not license a person who:
1745  (i) is younger than 16 years old;
1746  (ii) if the person is 18 years old or younger, has not completed a course in driver
1747  training approved by the commissioner;
1748  (iii) if the person is 19 years old or older has not completed:
1749  (A) a course in driver training approved by the commissioner; or
1750  (B) the requirements under Subsection 53-3-210.5(6)(c);
1751  (iv) if the person is a minor as defined in Section 53-3-211, has not completed the
1752  driving requirement under Section 53-3-211;
1753  (v) is not a resident of the state, unless the person:
1754  (A) is issued a temporary CDL under Subsection 53-3-407(2)(b) prior to July 1,
1755  2015; or
1756  (B) qualifies for a non-domiciled CDL as defined in 49 C.F.R. Part 383;
1757  (vi) if the person is 17 years old or younger, has not held a learner permit issued
1758  under Section 53-3-210.5 or an equivalent by another state or branch of the United
1759  States Armed Forces for six months; or
1760  (vii) is younger than 18 years old and applying for a CDL under 49 C.F.R. Part 383.
1761  (b) Subsections (1)(a)(i), (ii), (iii), (iv), and (vi) do not apply to a person:
1762  (i) who has been licensed before July 1, 1967; or
                                                   - 52 -
 01-26 14:48  2nd Sub. (Gray) H.B. 287
1763  (ii) who is 16 years old or older making application for a license who has been
1764  licensed in another state or country.
1765     (2) The division may not issue a license certificate to a person:
1766  (a) whose license has been suspended, denied, cancelled, or disqualified during the
1767  period of suspension, denial, cancellation, or disqualification;
1768  (b) whose privilege has been revoked, except as provided in Section 53-3-225;
1769  (c) who has previously been adjudged mentally incompetent and who has not at the time
1770  of application been restored to competency as provided by law;
1771  (d) who is required by this chapter to take an examination unless the person successfully
1772  passes the examination;
1773  (e) whose driving privileges have been denied or suspended under:
1774  (i) Section 80-6-707 by an order of the juvenile court; or
1775  (ii) Section 53-3-231; or
1776  (f) beginning on or after July 1, 2012, who holds an unexpired Utah identification card
1777  issued under Part 8, Identification Card Act, unless:
1778  (i) the Utah identification card is canceled; and
1779  (ii) if the Utah identification card is in the person's possession, the Utah identification
1780  card is surrendered to the division.
1781     (3)(a) Except as provided in Subsection (3)(c), the division may not grant a motorcycle
1782  endorsement to a person who:
1783  (i) has not been granted an original or provisional class D license, a CDL, or an
1784  out-of-state equivalent to an original or provisional class D license or a CDL; and
1785  (ii) if the person is under 19 years old, has not held a motorcycle learner permit for
1786  two months unless Subsection (3)(b) applies.
1787  (b) The division may waive the two month motorcycle learner permit holding period
1788  requirement under Subsection (3)(a)(ii) if the person proves to the satisfaction of the
1789  division that the person has completed a motorcycle rider education program that
1790  meets the requirements under Section 53-3-903.
1791  (c) The division may grant a motorcycle endorsement to a person under 19 years old
1792  who has not held a motorcycle learner permit for two months if the person was issued
1793  a motorcycle endorsement prior to July 1, 2008.
1794     (4) The division may grant a class D license to a person whose commercial license is
1795  disqualified under Part 4, Uniform Commercial Driver License Act, if the person is not
1796  otherwise sanctioned under this chapter.
                                                  - 53 -
 2nd Sub. (Gray) H.B. 287  01-26 14:48
1797     (5)(a) The division may not grant a driving privilege card on or after May 6, 2026.
1798  (b) A driving privilege card that is issued on or before May 5, 2026, is valid until the
1799  expiration date of the driving privilege card.
1800  Section 12. Section 53-3-205 is amended to read:
1801  53-3-205 (Effective 07/01/27). Application for license or endorsement -- Fee
1802     required -- Tests -- Expiration dates of licenses and endorsements -- Information
1803     required -- Previous licenses surrendered -- Driving record transferred from other states
1804     -- Reinstatement -- Fee required -- License agreement.
1805     (1) An application for an original license, provisional license, or endorsement shall be:
1806  (a) made upon a form furnished by the division; and
1807  (b) accompanied by a nonrefundable fee set under Section 53-3-105.
1808     (2) An application and fee for an original provisional class D license or an original class D
1809  license entitle the applicant to:
1810  (a) not more than three attempts to pass both the knowledge and the skills tests for a
1811  class D license within six months after the date of the application;
1812  (b) a learner permit if needed pending completion of the application and testing process;
1813  and
1814  (c) an original class D license and license certificate after all tests are passed and
1815  requirements are completed.
1816     (3) An application and fee for a motorcycle or taxicab endorsement entitle the applicant to:
1817  (a) not more than three attempts to pass both the knowledge and skills tests within six
1818  months after the date of the application;
1819  (b) a motorcycle learner permit after the motorcycle knowledge test is passed; and
1820  (c) a motorcycle or taxicab endorsement when all tests are passed.
1821     (4) An application for a commercial class A, B, or C license entitles the applicant to:
1822  (a) not more than two attempts to pass a knowledge test when accompanied by the fee
1823  provided in Subsection 53-3-105(18);
1824  (b) not more than two attempts to pass a skills test when accompanied by a fee in
1825  Subsection 53-3-105(19) within six months after the date of application;
1826  (c) both a commercial driver instruction permit and a temporary license permit for the
1827  license class held before the applicant submits the application if needed after the
1828  knowledge test is passed; and
1829  (d) an original commercial class A, B, or C license and license certificate when all
1830  applicable tests are passed.
                                                 - 54 -
 01-26 14:48  2nd Sub. (Gray) H.B. 287
1831     (5) An application and fee for a CDL endorsement entitle the applicant to:
1832  (a) not more than two attempts to pass a knowledge test and not more than two attempts
1833  to pass a skills test within six months after the date of the application; and
1834  (b) a CDL endorsement when all tests are passed.
1835     (6)(a) If a CDL applicant does not pass a knowledge test, skills test, or an endorsement
1836  test within the number of attempts provided in Subsection (4) or (5), each test may be
1837  taken two additional times within the six months for the fee provided in Section
1838  53-3-105.
1839  (b)(i) An out-of-state resident who holds a valid CDIP issued by a state or
1840  jurisdiction that is compliant with 49 C.F.R. Part 383 may take a skills test
1841  administered by the division if the out-of-state resident pays the fee provided in
1842  Subsection 53-3-105(19).
1843  (ii) The division shall:
1844  (A) electronically transmit skills test results for an out-of-state resident to the
1845  licensing agency in the state or jurisdiction in which the out-of-state resident
1846  has obtained a valid CDIP; and
1847  (B) provide the out-of-state resident with documentary evidence upon successful
1848  completion of the skills test.
1849     (7)(a)(i) Except as provided under Subsections (7)(a)(ii), (f), and (g), an original class
1850  D license expires on the birth date of the applicant in the eighth year after the year
1851  the license certificate was issued.
1852  (ii) An original provisional class D license expires on the birth date of the applicant
1853  in the fifth year following the year the license certificate was issued.
1854  (iii) Except as provided in Subsection (7)(f), a limited term class D license expires on
1855  the birth date of the applicant in the fifth year the license certificate was issued.
1856  (b) Except as provided under [Subsections (7)(f) and (g)] Subsection (7)(f), a renewal or
1857  an extension to a license expires on the birth date of the licensee in the eighth year
1858  after the expiration date of the license certificate renewed or extended.
1859  (c) Except as provided under [Subsections (7)(f) and (g)] Subsection (7)(f), a duplicate
1860  license expires on the same date as the last license certificate issued.
1861  (d) An endorsement to a license expires on the same date as the license certificate
1862  regardless of the date the endorsement was granted.
1863  (e)(i) A regular license certificate and an endorsement to the regular license
1864  certificate held by an individual described in Subsection (7)(e)(ii), that expires
                                                  - 55 -
 2nd Sub. (Gray) H.B. 287  01-26 14:48
1865  during the time period the individual is stationed outside of the state, is valid until
1866  90 days after the individual's orders are terminated, the individual is discharged, or
1867  the individual's assignment is changed or terminated, unless:
1868  (A) the license is suspended, disqualified, denied, or has been cancelled or
1869  revoked by the division; or
1870  (B) the licensee updates the information or photograph on the license certificate.
1871  (ii) The provisions in Subsection (7)(e)(i) apply to an individual:
1872  (A) ordered to active duty and stationed outside of Utah in any of the armed forces
1873  of the United States;
1874  (B) who is an immediate family member or dependent of an individual described
1875  in Subsection (7)(e)(ii)(A) and is residing outside of Utah;
1876  (C) who is a civilian employee of the United States State Department or United
1877  States Department of Defense and is stationed outside of the United States; or
1878  (D) who is an immediate family member or dependent of an individual described
1879  in Subsection (7)(e)(ii)(C) and is residing outside of the United States.
1880  (f)(i) Except as provided in Subsection (7)(f)(ii), a limited-term license certificate or
1881  a renewal to a limited-term license certificate expires:
1882  (A) on the expiration date of the period of time of the individual's authorized stay
1883  in the United States or on the date provided under this Subsection (7),
1884  whichever is sooner; or
1885  (B) on the date of issuance in the first year following the year that the limited-term
1886  license certificate was issued if there is no definite end to the individual's
1887  period of authorized stay.
1888  (ii) A limited-term license certificate or a renewal to a limited-term license certificate
1889  issued to an approved asylee or a refugee expires on the birth date of the applicant
1890  in the fifth year following the year that the limited-term license certificate was
1891  issued.
1892  [(g) A driving privilege card issued or renewed under Section 53-3-207 expires on the
1893  birth date of the applicant in the first year following the year that the driving privilege
1894  card was issued or renewed.]
1895     (8)(a) In addition to the information required by Title 63G, Chapter 4, Administrative
1896  Procedures Act, for requests for agency action, an applicant shall:
1897  (i) provide:
1898  (A) the applicant's full legal name;
                                                  - 56 -
 01-26 14:48  2nd Sub. (Gray) H.B. 287
1899  (B) the applicant's birth date;
1900  (C) the applicant's sex;
1901  (D)(I) documentary evidence of the applicant's valid social security number;
1902  (II) written proof that the applicant is ineligible to receive a social security
1903  number; or
1904  [(III) the applicant's temporary identification number (ITIN) issued by the
1905  Internal Revenue Service for an individual who:]
1906  [(Aa) does not qualify for a social security number; and]
1907  [(Bb) is applying for a driving privilege card; or]
1908  [(IV)] (III) other documentary evidence approved by the division; and
1909  (E) the applicant's Utah residence address as documented by a form or forms
1910  acceptable under rules made by the division under Section 53-3-104, unless the
1911  application is for a temporary CDL issued under Subsection 53-3-407(2)(b);[
1912  and]
1913  [(F) fingerprints, or a fingerprint confirmation form described in Subsection
1914  53-3-205.5(1)(a)(ii), and a photograph in accordance with Section 53-3-205.5
1915  if the applicant is applying for a driving privilege card;]
1916  (ii) provide evidence of the applicant's lawful presence in the United States by
1917  providing documentary evidence:
1918  (A) that the applicant is:
1919  (I) a United States citizen;
1920  (II) a United States national; or
1921  (III) a legal permanent resident alien; or
1922  (B) of the applicant's:
1923  (I) unexpired immigrant or nonimmigrant visa status for admission into the
1924  United States;
1925  (II) pending or approved application for asylum in the United States;
1926  (III) admission into the United States as a refugee;
1927  (IV) pending or approved application for temporary protected status in the
1928  United States;
1929  (V) approved deferred action status;
1930  (VI) pending application for adjustment of status to legal permanent resident or
1931  conditional resident; or
1932  (VII) conditional permanent resident alien status;
                                                  - 57 -
 2nd Sub. (Gray) H.B. 287  01-26 14:48
1933  (iii) provide a description of the applicant;
1934  (iv) state whether the applicant has previously been licensed to drive a motor vehicle
1935  and, if so, when and by what state or country;
1936  (v) state whether the applicant has ever had a license suspended, cancelled, revoked,
1937  disqualified, or denied in the last 10 years, or whether the applicant has ever had a
1938  license application refused, and if so, the date of and reason for the suspension,
1939  cancellation, revocation, disqualification, denial, or refusal;
1940  (vi) state whether the applicant intends to make an anatomical gift under Title 26B,
1941  Chapter 8, Part 3, Revised Uniform Anatomical Gift Act, in compliance with
1942  Subsection (15);
1943  (vii) state whether the applicant is required to register as a sex offender, kidnap
1944  offender, or child abuse offender, in accordance with Title 53, Chapter 29, Sex,
1945  Kidnap, and Child Abuse Offender Registry;
1946  (viii) state whether the applicant is a veteran of the United States military, provide
1947  verification that the applicant was granted an honorable or general discharge from
1948  the United States Armed Forces, and state whether the applicant does or does not
1949  authorize sharing the information with the Department of Veterans and Military
1950  Affairs;
1951  (ix) provide all other information the division requires; and
1952  (x) sign the application which signature may include an electronic signature as
1953  defined in Section 46-4-102.
1954        (b) Unless the applicant provides acceptable verification of homelessness as described in
1955  rules made by the division, an applicant shall have a Utah residence address, unless
1956  the application is for a temporary CDL issued under Subsection 53-3-407(2)(b).
1957        (c) An applicant shall provide evidence of lawful presence in the United States in
1958  accordance with Subsection (8)(a)(ii)[, unless the application is for a driving
1959  privilege card].
1960        (d) The division shall maintain on the division's computerized records an applicant's:
1961  (i)(A) social security number;
1962  (B) temporary identification number (ITIN); or
1963  (C) other number assigned by the division if Subsection (8)(a)(i)(D)(IV) applies;
1964  and
1965  (ii) indication whether the applicant is required to register as a sex offender, kidnap
1966  offender, or child abuse offender in accordance with Title 53, Chapter 29, Sex,
                                                - 58 -
 01-26 14:48  2nd Sub. (Gray) H.B. 287
1967  Kidnap, and Child Abuse Offender Registry.
1968     (9) The division shall require proof of an applicant's name, birth date, and birthplace by at
1969  least one of the following means:
1970  (a) current license certificate;
1971  (b) birth certificate;
1972  (c) Selective Service registration; or
1973  (d) other proof, including church records, family Bible notations, school records, or
1974  other evidence considered acceptable by the division.
1975     (10)(a) Except as provided in Subsection (10)(c), if an applicant receives a license in a
1976  higher class than what the applicant originally was issued:
1977  (i) the license application is treated as an original application; and
1978  (ii) license and endorsement fees is assessed under Section 53-3-105.
1979  (b) An applicant that receives a downgraded license in a lower license class during an
1980  existing license cycle that has not expired:
1981  (i) may be issued a duplicate license with a lower license classification for the
1982  remainder of the existing license cycle; and
1983  (ii) shall be assessed a duplicate license fee under Subsection 53-3-105(25) if a
1984  duplicate license is issued under Subsection (10)(b)(i).
1985  (c) An applicant who has received a downgraded license in a lower license class under
1986  Subsection (10)(b):
1987  (i) may, when eligible, receive a duplicate license in the highest class previously
1988  issued during a license cycle that has not expired for the remainder of the existing
1989  license cycle; and
1990  (ii) shall be assessed a duplicate license fee under Subsection 53-3-105(25) if a
1991  duplicate license is issued under Subsection (10)(c)(i).
1992     (11)(a) When an application is received from an applicant previously licensed in another
1993  state to drive a motor vehicle, the division shall request a copy of the driver's record
1994  from the other state.
1995  (b) When received, the driver's record becomes part of the driver's record in this state
1996  with the same effect as though entered originally on the driver's record in this state.
1997     (12) An application for reinstatement of a license after the suspension, cancellation,
1998  disqualification, denial, or revocation of a previous license is accompanied by the
1999  additional fee or fees specified in Section 53-3-105.
2000     (13) An individual who has an appointment with the division for testing and fails to keep
                                                 - 59 -
 2nd Sub. (Gray) H.B. 287  01-26 14:48
2001  the appointment or to cancel at least 48 hours in advance of the appointment shall pay
2002  the fee under Section 53-3-105.
2003     (14) An applicant who applies for an original license or renewal of a license agrees that the
2004  individual's license is subject to a suspension or revocation authorized under this title or
2005  Title 41, Motor Vehicles.
2006     (15)(a) A licensee shall authenticate the indication of intent under Subsection (8)(a)(vi)
2007  in accordance with division rule.
2008  (b)(i) Notwithstanding Title 63G, Chapter 2, Government Records Access and
2009  Management Act, the division may, upon request, release to an organ procurement
2010  organization, as defined in Section 26B-8-301, the names and addresses of all
2011  applicants who, under Subsection (8)(a)(vi), indicate that they intend to make an
2012  anatomical gift.
2013  (ii) An organ procurement organization may use released information only to:
2014  (A) obtain additional information for an anatomical gift registry; and
2015  (B) inform licensees of anatomical gift options, procedures, and benefits.
2016     (16) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management
2017  Act, the division may release to the Department of Veterans and Military Affairs the
2018  names and addresses of all applicants who indicate their status as a veteran under
2019  Subsection (8)(a)(viii).
2020     (17) Notwithstanding Title 63G, Chapter 2, Government Records Access and Management
2021  Act, the division shall, upon request, release to the Sex, Kidnap, and Child Abuse
2022  Offender Registry office in the Department of Public Safety, the names and addresses of
2023  all applicants who, under Subsection (8)(a)(vii), indicate they are required to register as
2024  a sex offender, kidnap offender, or child abuse offender in accordance with Title 53,
2025  Chapter 29, Sex, Kidnap, and Child Abuse Offender Registry.
2026     (18) The division and its employees are not liable, as a result of false or inaccurate
2027  information provided under Subsection (8)(a)(vi) or (viii), for direct or indirect:
2028  (a) loss;
2029  (b) detriment; or
2030  (c) injury.
2031     (19) An applicant who knowingly fails to provide the information required under
2032  Subsection (8)(a)(vii) is guilty of a class A misdemeanor.
2033     (20) A person may not hold both an unexpired Utah license certificate and an unexpired
2034  identification card.
                                                 - 60 -
 01-26 14:48  2nd Sub. (Gray) H.B. 287
2035     (21)(a) An applicant who applies for an original motorcycle endorsement to a regular
2036  license certificate is exempt from the requirement to pass the knowledge and skills
2037  test to be eligible for the motorcycle endorsement if the applicant:
2038  (i) is a resident of the state of Utah;
2039  (ii)(A) is ordered to active duty and stationed outside of Utah in any of the armed
2040  forces of the United States; or
2041  (B) is an immediate family member or dependent of an individual described in
2042  Subsection (21)(a)(ii)(A) and is residing outside of Utah;
2043  (iii) has a digitized driver license photo on file with the division;
2044  (iv) provides proof to the division of the successful completion of a certified
2045  Motorcycle Safety Foundation rider training course; and
2046  (v) provides the necessary information and documentary evidence required under
2047  Subsection (8).
2048  (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2049  division shall make rules:
2050  (i) establishing the procedures for an individual to obtain a motorcycle endorsement
2051  under this Subsection (21); and
2052  (ii) identifying the applicable restrictions for a motorcycle endorsement issued under
2053  this Subsection (21).
2054  Section 13. Section 53-3-206 is amended to read:
2055  53-3-206 (Effective 07/01/27). Examination of applicant's physical and mental
2056     fitness to drive a motor vehicle.
2057     (1) The division shall examine every applicant for a license, including a test of the
2058  applicant's:
2059  (a) eyesight either:
2060  (i) by the division; or
2061  (ii) by allowing the applicant to furnish to the division a statement from a physician
2062  licensed under Title 58, Chapter 67, Utah Medical Practice Act, a physician
2063  assistant licensed under Title 58, Chapter [70A] (70)(a), Utah Physician Assistant
2064  Act, or an optometrist licensed under Title 58, Chapter 16a, Utah Optometry
2065  Practice Act;
2066  (b) ability to read and understand highway signs regulating, warning, and directing
2067  traffic;
2068  (c) ability to read and understand simple English used in highway traffic and directional
                                                     - 61 -
 2nd Sub. (Gray) H.B. 287  01-26 14:48
2069  signs;
2070  (d) knowledge of the state traffic laws;
2071  (e) other physical and mental abilities the division finds necessary to determine the
2072  applicant's fitness to drive a motor vehicle safely on the highways; and
2073  (f) ability to exercise ordinary and responsible control driving a motor vehicle, as
2074  determined by actual demonstration or other indicator.
2075     [(2)(a) Subject to Subsection (2)(d), and notwithstanding the provisions of Subsection
2076  (1) or any other provision of law, the division shall allow an individual to take an
2077  examination of the individual's knowledge of the state traffic laws in the individual's
2078  preferred language:]
2079  [(i) if the individual is a refugee, an approved asylee, or a covered humanitarian
2080  parolee:]
2081  [(A) the first time the individual applies for a limited-term license certificate; and]
2082  [(B) the first time the individual applies for a renewal of a limited-term license
2083  certificate; and]
2084  [(ii) for any other individual applying for a class D license certificate:]
2085  [(A) the first time the individual applies for a class D license certificate; and]
2086  [(B) the first time the individual applies for a renewal of a class D license
2087  certificate.]
2088  [(b)(i) Upon the second renewal of a refugee's, an approved asylee's, or a covered
2089  humanitarian parolee's limited-term license certificate for a refugee, an approved
2090  asylee, or a covered humanitarian parolee that has taken the knowledge exam in
2091  the individual's preferred language under Subsection (2)(a), the division shall
2092  re-examine the individual's knowledge of the state traffic laws in English.]
2093  [(ii) Upon the second renewal of an individual's class D license certificate of an
2094  individual who has taken the knowledge exam in the individual's preferred
2095  language under Subsection (2)(a)(ii), the division shall re-examine the individual's
2096  knowledge of the state traffic laws in English.]
2097  [(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2098  division shall make rules establishing the procedures and requirements for the
2099  examination of the individual's knowledge of the state traffic laws in the individual's
2100  preferred language.]
2101  [(d)(i) Beginning on July 1, 2023, for a class D license certificate, except for a
2102  driving privilege card issued under Section 53-3-207, the division shall administer
                                                  - 62 -
 01-26 14:48  2nd Sub. (Gray) H.B. 287
2103  the written knowledge examination in as many languages as reasonably possible
2104  given budgetary and other constraints.]
2105  [(ii) If the division is unable to administer the written knowledge examination in a
2106  particular language, an individual may take an examination with the assistance of
2107  a translator approved by the division.]
2108  [(iii) If an individual takes the examination with the assistance of a translator, the
2109  individual is responsible for the costs of the translator.]
2110  [(e) In order to provide the services described in Subsection (2)(d)(i), the division may
2111  contract with a private vendor to provide the translation services or technology.]
2112     [(3)(a) For an applicant for an original or a renewal of a class D license, other than a
2113  driving privilege card or a limited term license certificate, the division shall provide
2114  the examination of an individual's knowledge of the state traffic laws in five
2115  commonly spoken languages in the state, other than English, as determined under
2116  Subsection (3)(c).]
2117  [(b) An applicant for an original or a renewal of a class D license, other than a driving
2118  privilege card or a limited term license certificate, may request to take the
2119  examination of the individual's knowledge of the state traffic laws in a language other
2120  than English, if the requested language is one of five commonly spoken languages
2121  in the state as determined under Subsection (3)(c).]
2122  [(c)(i) The Division of Multicultural Affairs created in Section 9-21-201 shall
2123  recommend five commonly spoken languages in the state, other than English,
2124  for examination of an individual's knowledge of the state traffic laws.]
2125  [(ii) The division shall offer the examination of an individual's knowledge of the state
2126  traffic laws in the five commonly spoken languages, other than English,
2127  recommended by the Division of Multicultural Affairs created in Section 9-21-201.]
2128     (2) The division may offer the examination of the individual's knowledge of the state traffic
2129  laws only in English.
2130     [(4)] (3) The division shall determine whether any facts exist that would bar granting a
2131  license under Section 53-3-204.
2132     [(5)] (4) The division shall examine each applicant according to the class of license [applied
2133  for] for which the applicant has applied.
2134     [(6)] (5) An applicant for a CDL shall meet all additional requirements of Part 4, Uniform
2135  Commercial Driver License Act, of this chapter.
2136     [(7) The division shall provide a report to the Transportation Interim Committee on or
                                                   - 63 -
 2nd Sub. (Gray) H.B. 287  01-26 14:48
2137  before October 1, 2023, regarding the written knowledge examination in languages other
2138  than English, including:]
2139  [(a) costs associated with the program;]
2140  [(b) the number of languages provided;]
2141  [(c) the likelihood of adding additional languages in the future; and]
2142  [(d) other information the division finds relevant.]
2143  Section 14. Section 53-3-207 is amended to read:
2144  53-3-207 (Effective 07/01/27). License certificates issued to drivers by class of
2145     motor vehicle -- Contents -- Release of anatomical gift information -- Temporary licenses
2146     -- Minors' licenses, cards, and permits -- Violation.
2147     (1) As used in this section:
2148  (a) "Authorized guardian" means:
2149  (i) the parent or legal guardian of a child who:
2150  (A) is under 18 years old; and
2151  (B) has an invisible condition; or
2152  (ii) the legal guardian or conservator of an adult who:
2153  (A) is 18 years old or older; and
2154  (B) has an invisible condition.
2155  (b) "Driving privilege" means the privilege granted under this chapter to drive a motor
2156  vehicle.
2157  (c) "First responder" means:
2158  (i) a law enforcement officer, as defined in Section 53-13-103;
2159  (ii) an emergency medical technician, as defined in Section 53-2e-101;
2160  (iii) an advanced emergency medical technician, as defined in Section 53-2e-101;
2161  (iv) a paramedic, as defined in Section 53-2e-101;
2162  (v) a firefighter, as defined in Section 53H-11-306; or
2163  (vi) a dispatcher, as defined in Section 53-6-102.
2164  (d) "Governmental entity" means the state or a political subdivision of the state.
2165  (e) "Health care professional" means:
2166  (i) a licensed physician, physician assistant, nurse practitioner, or mental health
2167  therapist; or
2168  (ii) any other licensed health care professional the division designates by rule made in
2169  accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
2170  (f) "Invisible condition" means a physical or mental condition that may interfere with an
                                                  - 64 -
 01-26 14:48  2nd Sub. (Gray) H.B. 287
2171  individual's ability to communicate with a first responder, including:
2172  (i) a communication impediment;
2173  (ii) hearing loss;
2174  (iii) blindness or a visual impairment;
2175  (iv) autism spectrum disorder;
2176  (v) a drug allergy;
2177  (vi) Alzheimer's disease or dementia;
2178  (vii) post-traumatic stress disorder;
2179  (viii) traumatic brain injury;
2180  (ix) schizophrenia;
2181  (x) epilepsy;
2182  (xi) a developmental disability;
2183  (xii) Down syndrome;
2184  (xiii) diabetes;
2185  (xiv) a heart condition; or
2186  (xv) any other condition approved by the department.
2187  (g) "Invisible condition identification symbol" means a symbol or alphanumeric code
2188  that indicates that an individual is an individual with an invisible condition.
2189  (h) "Political subdivision" means any county, city, town, school district, public transit
2190  district, community reinvestment agency, special improvement or taxing district,
2191  special district, special service district, an entity created by an interlocal agreement
2192  adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or other
2193  governmental subdivision or public corporation.
2194  (i) "State" means this state, and includes any office, department, agency, authority,
2195  commission, board, institution, hospital, college, university, children's justice center,
2196  or other instrumentality of the state.
2197     (2)(a) The division shall issue to every individual privileged to drive a motor vehicle, a
2198  regular license certificate, or a limited-term license certificate[, or a driving privilege
2199  card] indicating the type or class of motor vehicle the individual may drive.
2200  (b) An individual may not drive a class of motor vehicle unless granted the privilege in
2201  that class.
2202     (3)(a) Every regular license certificate[,] or limited-term license certificate[, or driving
2203  privilege card] shall bear:
2204  (i) the distinguishing number assigned to the individual by the division;
                                                    - 65 -
 2nd Sub. (Gray) H.B. 287  01-26 14:48
2205  (ii) the name, birth date, and Utah residence address of the individual;
2206  (iii) a brief description of the individual for the purpose of identification;
2207  (iv) any restrictions imposed on the license under Section 53-3-208;
2208  (v) a photograph of the individual;
2209  (vi) a photograph or other facsimile of the individual's signature;
2210  (vii) an indication whether the individual intends to make an anatomical gift under
2211  Title 26B, Chapter 8, Part 3, Revised Uniform Anatomical Gift Act, unless the
2212  driving privilege is extended under Subsection 53-3-214(3); and
2213  (viii) except as provided in Subsection (3)(b), if the individual states that the
2214  individual is a veteran of the United States military on the application for a driver
2215  license in accordance with Section 53-3-205 and provides verification that the
2216  individual was granted an honorable or general discharge from the United States
2217  Armed Forces, an indication that the individual is a United States military veteran
2218  for a regular license certificate or limited-term license certificate issued on or after
2219  July 1, 2011.
2220  (b) A regular license certificate or limited-term license certificate issued to an individual
2221  younger than 21 years old on a portrait-style format as required in Subsection (7)(b)
2222  is not required to include an indication that the individual is a United States military
2223  veteran under Subsection (3)(a)(viii).
2224  (c) A new license certificate issued by the division may not bear the individual's social
2225  security number.
2226  (d)(i) The regular license certificate[,] or limited-term license certificate[, or driving
2227  privilege card] shall be of an impervious material, resistant to wear, damage, and
2228  alteration.
2229  (ii) The size, form, and color of the regular license certificate[,] or limited-term
2230  license certificate[, or driving privilege card] shall be as prescribed by the
2231  commissioner.
2232  (iii) The commissioner may also prescribe the issuance of a special type of limited
2233  regular license certificate[,] or limited-term license certificate[, or driving
2234  privilege card] under Subsection 53-3-220(4).
2235     (4)(a) The division shall include or affix an invisible condition identification symbol on
2236  an individual's regular license certificate[,] or limited-term license certificate[, or
2237  driving privilege card] if the individual or the individual's authorized guardian, on a
2238  form prescribed by the department:
                                                  - 66 -
 01-26 14:48  2nd Sub. (Gray) H.B. 287
2239  (i) requests the division to include the invisible condition identification symbol;
2240  (ii) provides written verification from a health care professional that the individual is
2241  an individual with an invisible condition; and
2242  (iii) signs a waiver of liability for the release of any medical information to:
2243  (A) the department;
2244  (B) any person who has access to the individual's medical information as recorded
2245  on the individual's driving record or the Utah Criminal Justice Information
2246  System under this chapter;
2247  (C) any other person who may view or receive notice of the individual's medical
2248  information by seeing the individual's regular license certificate[,] or
2249  limited-term license certificate[, or driving privilege card] or the individual's
2250  information in the Utah Criminal Justice Information System;
2251  (D) a local law enforcement agency that receives a copy of the form described in
2252  this Subsection (4)(a) and enters the contents of the form into the local law
2253  enforcement agency's record management system or computer-aided dispatch
2254  system; and
2255  (E) a dispatcher who accesses the information regarding the individual's invisible
2256  condition through the use of a local law enforcement agency's record
2257  management system or computer-aided dispatch system.
2258        (b) As part of the form described in Subsection (4)(a), the department shall advise the
2259  individual or the individual's authorized guardian that by submitting the signed
2260  waiver, the individual or the individual's authorized guardian consents to the release
2261  of the individual's medical information to any person described in Subsections
2262  (4)(a)(iii)(A) through (E), even if the person is otherwise ineligible to access the
2263  individual's medical information under state or federal law.
2264        (c) The division may not:
2265  (i) charge a fee to include the invisible condition identification symbol on the
2266  individual's regular license certificate[,] or limited-term license certificate[, or
2267  driving privilege card]; or
2268  (ii) after including the invisible condition identification symbol on the individual's
2269  previously issued regular license certificate[,] or limited-term license certificate, [
2270  or driving privilege card, ]require the individual to provide subsequent written
2271  verification described in Subsection (4)(a)(ii) to include the invisible condition
2272  identification symbol on the individual's renewed or extended regular license
                                                 - 67 -
 2nd Sub. (Gray) H.B. 287  01-26 14:48
2273  certificate[,] or limited-term license certificate[, or driving privilege card].
2274  (d) The division shall confirm with the Division of Professional Licensing that the health
2275  care professional described in Subsection (4)(a)(ii) holds a current state license.
2276  (e) The inclusion of an invisible condition identification symbol on an individual's
2277  license certificate[,] or limited-term license certificate[, or driving privilege card] in
2278  accordance with Subsection (4)(a) does not confer any legal rights or privileges on
2279  the individual, including parking privileges for individuals with disabilities under
2280  Section 41-1a-414.
2281  (f) For each individual issued a regular license certificate[,] or limited-term license
2282  certificate[, or driving privilege card] under this section that includes an invisible
2283  condition identification symbol, the division shall include in the division's database a
2284  brief description of the nature of the individual's invisible condition in the
2285  individual's record and provide the brief description to the Utah Criminal Justice
2286  Information System.
2287  (g) Except as provided in this section, the division may not release the information
2288  described in Subsection (4)(f).
2289  (h) Within 30 days after the day on which the division receives an individual's or the
2290  individual's authorized guardian's written request, the division shall:
2291  (i) remove from the individual's record in the division's database the invisible
2292  condition identification symbol and the brief description described in Subsection
2293  (4)(f); and
2294  (ii) provide the individual's updated record to the Utah Criminal Justice Information
2295  System.
2296     (5) As provided in Section 63G-2-302, the information described in Subsection (4)(a) is a
2297  private record for purposes of Title 63G, Chapter 2, Government Records Access and
2298  Management Act.
2299     (6)(a)(i) The division, upon determining after an examination that an applicant is
2300  mentally and physically qualified to be granted a driving privilege, may issue to
2301  an applicant a receipt for the fee if the applicant is eligible for a regular license
2302  certificate or limited-term license certificate.
2303  (ii)(A) The division shall issue a temporary regular license certificate or
2304  temporary limited-term license certificate allowing the individual to drive a
2305  motor vehicle while the division is completing the division's investigation to
2306  determine whether the individual is entitled to be granted a driving privilege.
                                                  - 68 -
 01-26 14:48  2nd Sub. (Gray) H.B. 287
2307  (B) A temporary regular license certificate or a temporary limited-term license
2308  certificate issued under this Subsection (6) shall be recognized and have the
2309  same rights and privileges as a regular license certificate or a limited-term
2310  license certificate.
2311  (b) The temporary regular license certificate or temporary limited-term license
2312  certificate shall be in the individual's immediate possession while driving a motor
2313  vehicle, and the temporary regular license certificate or temporary limited-term
2314  license certificate is invalid when the individual's regular license certificate or
2315  limited-term license certificate has been issued or when, for good cause, the privilege
2316  has been refused.
2317  (c) The division shall indicate on the temporary regular license certificate or temporary
2318  limited-term license certificate a date after which the temporary regular license
2319  certificate or temporary limited-term license certificate is not valid as a temporary
2320  license.
2321  [(d)(i) Except as provided in Subsection (6)(d)(ii), the division may not issue a
2322  temporary driving privilege card or other temporary permit to an applicant for a
2323  driving privilege card.]
2324  [(ii) The division may issue a learner permit issued in accordance with Section
2325  53-3-210.5 to an applicant for a driving privilege card.]
2326     (7)(a) The division shall distinguish learner permits, temporary permits, regular license
2327  certificates, and limited-term license certificates[, and driving privilege cards]
2328  issued to any individual younger than 21 years old by use of plainly printed
2329  information or the use of a color or other means not used for other regular license
2330  certificates, or limited-term license certificates[, or driving privilege cards].
2331  (b) The division shall distinguish a regular license certificate[,] or limited-term license
2332  certificate[, or driving privilege card] issued to an individual younger than 21 years
2333  old by use of a portrait-style format not used for other regular license certificates[,] or
2334  limited-term license certificates[, or driving privilege cards] and by plainly printing
2335  the date the regular license certificate[,] or limited-term license certificate[, or driving
2336  privilege card] holder is 21 years old.
2337     (8) The division shall distinguish a limited-term license certificate by clearly indicating on
2338  the document:
2339  (a) that the limited-term license certificate is temporary; and
2340  (b) the limited-term license certificate's expiration date.
                                                   - 69 -
 2nd Sub. (Gray) H.B. 287  01-26 14:48
2341     [(9)(a) The division shall only issue a driving privilege card to an individual whose
2342  privilege was obtained without providing evidence of lawful presence in the United
2343  States as required under Subsection 53-3-205(8).]
2344  [(b) The division shall distinguish a driving privilege card from a license certificate by:]
2345  [(i) use of a format, color, font, or other means; and]
2346  [(ii) clearly displaying on the front of the driving privilege card a phrase substantially
2347  similar to "FOR DRIVING PRIVILEGES ONLY -- NOT VALID FOR
2348  IDENTIFICATION".]
2349     [(10)] (9) The provisions of Subsection (7)(b) do not apply to a learner permit, temporary
2350  permit, temporary regular license certificate, temporary limited-term license certificate,
2351  or any other temporary permit.
2352     [(11)] (10) The division shall issue temporary license certificates of the same nature, except
2353  as to duration, as the license certificates that they temporarily replace, as are necessary
2354  to implement applicable provisions of this section and Section 53-3-223.
2355     [(12)(a) A governmental entity may not accept a driving privilege card as proof of
2356  personal identification.]
2357  [(b) A driving privilege card may not be used as a document providing proof of an
2358  individual's age for any government required purpose.]
2359     [(13)] (11) An individual who violates Subsection (2)(b) is guilty of an infraction.
2360     [(14)] (12) Unless otherwise provided, the provisions, requirements, classes, endorsements,
2361  fees, restrictions, and sanctions under this code apply to a[:]
2362  [(a) driving privilege in the same way as a license or limited-term license issued under
2363  this chapter; and]
2364  [(b)] limited-term license certificate [or driving privilege card ]in the same way as a
2365  regular license certificate issued under this chapter.
2366  Section 15. Section 53-3-214 is amended to read:
2367  53-3-214 (Effective 07/01/27). Renewal -- Fees required -- Extension without
2368     examination.
2369     (1)(a) The holder of a valid license may renew the holder's license and any endorsement
2370  to the license by applying:
2371  (i) at any time within six months before the license expires; or
2372  (ii) more than six months prior to the expiration date if the applicant furnishes proof
2373  that the applicant will be absent from the state during the six-month period prior to
2374  the expiration of the license.
                                                 - 70 -
 01-26 14:48  2nd Sub. (Gray) H.B. 287
2375  (b) The application for a renewal of, extension of, or any endorsement to a license shall
2376  be accompanied by a fee under Section 53-3-105.
2377     (2)(a) Except as provided under Subsections (2)(b) and (3), upon application for renewal
2378  of a regular license certificate, provisional license, and any endorsement to a regular
2379  license certificate, the division shall reexamine each applicant as if for an original
2380  license and endorsement to the license, if applicable.
2381  (b) Except as provided under Subsection (2)(c), upon application for renewal of a
2382  limited-term license certificate, limited-term provisional license certificate, and any
2383  endorsement to a limited-term license certificate, the division shall:
2384  (i) reexamine each applicant as if for an original limited-term license certificate and
2385  endorsement to the limited-term license certificate, if applicable; and
2386  (ii) verify through valid documentary evidence that the status by which the individual
2387  originally qualified for the limited-term license certificate has been extended by
2388  the United States Citizenship and Immigration Services or other authorized
2389  agency of the United States Department of Homeland Security.
2390  (c) The division may waive any or all portions of the test designed to demonstrate the
2391  applicant's ability to exercise ordinary and reasonable control driving a motor vehicle.
2392     (3)(a)(i) Except as provided under Subsections (3)(b) and (c), the division may renew
2393  or extend a regular license certificate or any endorsement to the regular license
2394  certificate for eight years without examination for licensees whose driving records
2395  for the eight years immediately preceding the determination of eligibility for
2396  extension show:
2397  (A) no suspensions;
2398  (B) no revocations;
2399  (C) no conviction for reckless driving under Section 41-6a-528; and
2400  (D) no more than six reportable violations in the preceding eight years.
2401  (ii) Except as provided under Subsections (3)(b) and (c), the division may renew or
2402  extend a provisional license and any endorsement to a provisional license for eight
2403  years without examination for licensees whose driving records for the five years
2404  immediately preceding the determination of eligibility for extension show:
2405  (A) no suspensions;
2406  (B) no revocations;
2407  (C) no conviction for reckless driving under Section 41-6a-528; and
2408  (D) no more than four reportable violations in the preceding five years.
                                                 - 71 -
 2nd Sub. (Gray) H.B. 287  01-26 14:48
2409  (iii) Except as provided under Subsections (3)(b) and (c), the division may renew or
2410  extend a limited term license and any endorsement to a limited term license for
2411  five years without examination for licensees whose driving records for the five
2412  years immediately preceding the determination of eligibility for extension show:
2413  (A) no suspensions;
2414  (B) no revocations;
2415  (C) no conviction for reckless driving under Section 41-6a-528; and
2416  (D) no more than four reportable violations in the preceding five years.
2417        (b) Except as provided in Subsection (3)(g), after the expiration of a regular license
2418  certificate, a new regular license certificate and any endorsement to a regular license
2419  certificate may not be issued until the person has again passed the tests under Section
2420  53-3-206 and paid the required fee.
2421        (c) After the expiration of a limited-term license certificate, a new limited-term license
2422  certificate and any endorsement to a limited-term license certificate may not be
2423  issued until the person has:
2424  (i) again passed the tests under Section 53-3-206 and paid the required fee; and
2425  (ii) presented documentary evidence that the status by which the individual originally
2426  qualified for the limited-term license certificate has been extended by the United
2427  States Citizenship and Immigration Services or other authorized agency of the
2428  United States Department of Homeland Security.
2429        (d) A person 65 years [of age] old or older shall take and pass the eye examination
2430  specified in Section 53-3-206.
2431        (e) An extension may not be granted to any person:
2432  (i) who is identified by the division as having a medical impairment that may
2433  represent a hazard to public safety;
2434  (ii) holding a CDL or limited-term CDL issued under Part 4, Uniform Commercial
2435  Driver License Act; or
2436  (iii) who is holding a limited-term license certificate[; or] .
2437  [(iv) who is holding a driving privilege card issued in accordance with Section
2438  53-3-207.]
2439        (f) The division shall allow extensions:
2440  (i) by mail, electronic means, or other means as determined by the division at the
2441  appropriate extension fee rate under Section 53-3-105;
2442  (ii) only if the applicant qualifies under this section; and
                                                 - 72 -
 01-26 14:48  2nd Sub. (Gray) H.B. 287
2443  (iii) for only one extension.
2444  (g) The division may waive any or all portions of the test designed to demonstrate the
2445  applicant's ability to exercise ordinary and reasonable control driving a motor vehicle.
2446     (4) In accordance with this section, the division shall coordinate with the Department of
2447  Corrections in providing an inmate with access to a driver license certificate as
2448  described in Section 64-13-10.6.
2449  Section 16. Section 53-3-221 is amended to read:
2450  53-3-221 (Effective 07/01/27). Offenses that may result in denial, suspension,
2451     disqualification, or revocation of license -- Additional grounds for suspension -- Point
2452     system for traffic violations -- Notice and hearing -- Reporting of traffic violation
2453     procedures.
2454     (1) By following the procedures in Title 63G, Chapter 4, Administrative Procedures Act,
2455  the division may deny, suspend, disqualify, or revoke the license or permit of any
2456  individual without receiving a record of the individual's conviction of crime when the
2457  division has been notified or has reason to believe the individual:
2458  (a) has committed any offenses for which mandatory suspension or revocation of a
2459  license is required upon conviction under Section 53-3-220;
2460  (b) has, by reckless or unlawful driving of a motor vehicle, caused or contributed to an
2461  accident resulting in death or injury to any other individual, or serious property
2462  damage;
2463  (c) is incompetent to drive a motor vehicle or mobility vehicle or has a mental or
2464  physical disability rendering it unsafe for the individual to drive a motor vehicle or
2465  mobility vehicle upon the highways;
2466  (d) has committed a serious violation of the motor vehicle laws of this state;
2467  (e) has knowingly committed a violation of Section 53-3-229; or
2468  (f) has been convicted of serious offenses against traffic laws governing the movement
2469  of motor vehicles with a frequency that indicates a disrespect for traffic laws and a
2470  disregard for the safety of other individuals on the highways.
2471     (2)(a)(i) Except as provided in Subsection 53-3-218(3), and subject to Subsection
2472  (2)(a)(ii), the division may suspend a license of an individual under Subsection (1):
2473  (A) when the individual has failed to comply with the terms stated on a traffic
2474  citation issued in this state; or
2475  (B) if the division receives a notification from a court as described in Subsection
2476  41-6a-509(11)(d) or 41-6a-517(13)(b).
                                                  - 73 -
 2nd Sub. (Gray) H.B. 287  01-26 14:48
2477  (ii) This Subsection (2) does not apply to highway weight limit violations or
2478  violations of law governing the transportation of hazardous materials.
2479  (b)(i) This Subsection (2) may not be exercised unless notice of the pending
2480  suspension of the driving privilege has been sent at least 30 days previously to the
2481  individual at the address provided to the division.
2482  (ii) After clearance by the division, a report authorized by Section 53-3-104 may not
2483  contain any evidence of a suspension that occurred as a result of failure to comply
2484  with the terms stated on a traffic citation.
2485     (3) Except as provided in Subsection 53-3-218(3), the division may not revoke, deny,
2486  suspend, or disqualify an individual's driver license based solely on:
2487  (a) the individual's failure to appear;
2488  (b) the individual's failure to pay an outstanding penalty accounts receivable; or
2489  (c) the issuance of a bench warrant as a result of an event described in Subsection (3)(a)
2490  or (b).
2491     (4)(a) The division shall make rules establishing a point system as provided for in this
2492  Subsection (4).
2493  (b)(i) The division shall assign a number of points to each type of moving traffic
2494  violation as a measure of its seriousness.
2495  (ii) The points shall be based upon actual relationships between types of traffic
2496  violations and motor vehicle traffic accidents.
2497  (iii) Except as provided in Subsection (4)(b)(iv), the division may not assess points
2498  against an individual's driving record for a conviction of a traffic violation:
2499  (A) that occurred in another state; and
2500  (B) that was committed on or after July 1, 2011.
2501  (iv) The provisions of Subsection (4)(b)(iii) do not apply to:
2502  (A) a reckless or impaired driving violation or a speeding violation for exceeding
2503  the posted speed limit by 21 or more miles per hour; or
2504  (B) an offense committed in another state which, if committed within Utah, would
2505  result in the mandatory suspension or revocation of a license upon conviction
2506  under Section 53-3-220.
2507  (c) Every individual convicted of a traffic violation shall have assessed against the
2508  individual's driving record the number of points that the division has assigned to the
2509  type of violation of which the individual has been convicted, except that the number
2510  of points assessed shall be decreased by 10% if on the abstract of the court record of
                                                 - 74 -
 01-26 14:48  2nd Sub. (Gray) H.B. 287
2511  the conviction the court has graded the severity of violation as minimum, and shall be
2512  increased by 10% if on the abstract the court has graded the severity of violation as
2513  maximum.
2514  (d)(i) A separate procedure for assessing points for speeding offenses shall be
2515  established by the division based upon the severity of the offense.
2516  (ii) The severity of a speeding violation shall be graded as:
2517  (A) "minimum" for exceeding the posted speed limit by up to 10 miles per hour;
2518  (B) "intermediate" for exceeding the posted speed limit by 11 to 20 miles per
2519  hour; and
2520  (C) "maximum" for exceeding the posted speed limit by 21 or more miles per hour.
2521  (iii) Consideration shall be made for assessment of no points on minimum speeding
2522  violations, except for speeding violations in school zones.
2523  (e)(i) Points assessed against an individual's driving record shall be deleted for
2524  violations occurring before a time limit set by the division.
2525  (ii) The time limit may not exceed three years.
2526  (iii) The division may also delete points to reward violation-free driving for periods
2527  of time set by the division.
2528  (f)(i) By publication in two newspapers having general circulation throughout the
2529  state, the division shall give notice of the number of points it has assigned to each
2530  type of traffic violation, the time limit set by the division for the deletion of
2531  points, and the point level at which the division will generally take action to deny
2532  or suspend under this section.
2533  (ii) The division may not change any of the information provided above regarding
2534  points without first giving new notice in the same manner.
2535     (5)(a)(i) If the division finds that the license of an individual should be denied,
2536  suspended, disqualified, or revoked under this section, the division shall
2537  immediately notify the licensee in a manner specified by the division and afford
2538  the individual an opportunity for a hearing in the county where the licensee
2539  resides.
2540  (ii) The hearing shall be documented, and the division or its authorized agent may
2541  administer oaths, may issue subpoenas for the attendance of witnesses and the
2542  production of relevant books and papers, and may require a reexamination of the
2543  licensee.
2544  (iii) One or more members of the division may conduct the hearing, and any decision
                                                  - 75 -
 2nd Sub. (Gray) H.B. 287  01-26 14:48
2545  made after a hearing before any number of the members of the division is as valid
2546  as if made after a hearing before the full membership of the division.
2547  (iv) After the hearing the division shall either rescind or affirm its decision to deny,
2548  suspend, disqualify, or revoke the license.
2549  (b) The denial, suspension, disqualification, or revocation of the license remains in
2550  effect pending qualifications determined by the division regarding an individual:
2551  (i) whose license has been denied or suspended following reexamination;
2552  (ii) who is incompetent to drive a motor vehicle;
2553  (iii) who is afflicted with mental or physical infirmities that might make the
2554  individual dangerous on the highways; or
2555  (iv) who may not have the necessary knowledge or skill to drive a motor vehicle
2556  safely.
2557     (6)(a) Subject to Subsection (6)(d), the division shall suspend an individual's license
2558  when the division receives notice from the Office of Recovery Services that the
2559  Office of Recovery Services has ordered the suspension of the individual's license.
2560  (b) A suspension under Subsection (6)(a) shall remain in effect until the division
2561  receives notice from the Office of Recovery Services that the Office of Recovery
2562  Services has rescinded the order of suspension.
2563  (c) After an order of suspension is rescinded under Subsection (6)(b), a report authorized
2564  by Section 53-3-104 may not contain any evidence of the suspension.
2565  (d)(i) If the division suspends an individual's license under this Subsection (6), the
2566  division shall, upon application, issue a temporary limited driver license to the
2567  individual if that individual needs a driver license for employment, education, or
2568  child visitation.
2569  (ii) The temporary limited driver license described in this section:
2570  (A) shall provide that the individual may operate a motor vehicle only for the
2571  purpose of driving to or from the individual's place of employment, education,
2572  or child visitation;
2573  (B) shall prohibit the individual from driving a motor vehicle for any purpose
2574  other than a purpose described in Subsection (6)(d)(ii)(A); and
2575  (C) shall expire 90 days after the day on which the temporary limited driver
2576  license is issued.
2577  (iii)(A) During the period beginning on the day on which a temporary limited
2578  driver license is issued under this Subsection (6), and ending on the day that
                                                 - 76 -
 01-26 14:48  2nd Sub. (Gray) H.B. 287
2579  the temporary limited driver license expires, the suspension described in this
2580  Subsection (6) only applies if the individual who is suspended operates a motor
2581  vehicle for a purpose other than employment, education, or child visitation.
2582  (B) Upon expiration of a temporary limited driver license described in this
2583  Subsection (6)(d):
2584  (I) a suspension described in Subsection (6)(a) shall be in full effect until the
2585  division receives notice, under Subsection (6)(b), that the order of
2586  suspension is rescinded; and
2587  (II) an individual suspended under Subsection (6)(a) may not drive a motor
2588  vehicle for any reason.
2589  (iv) The division is not required to issue a limited driver license to an individual
2590  under this Subsection (6)(d) if there are other legal grounds for the suspension of
2591  the individual's driver license.
2592  (v) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah
2593  Administrative Rulemaking Act, to implement the provisions of this part.
2594     (7)(a) The division may suspend or revoke the license of any resident of this state upon
2595  receiving notice of the conviction of that individual in another state of an offense
2596  committed there that, if committed in this state, would be grounds for the suspension
2597  or revocation of a license.
2598  (b) The division may, upon receiving a record of the conviction in this state of a
2599  nonresident driver of a motor vehicle or motorboat of any offense under the motor
2600  vehicle laws of this state, forward a certified copy of the record to the motor vehicle
2601  administrator in the state where the individual convicted is a resident.
2602     (8)(a) The division may suspend or revoke the license of any nonresident to drive a
2603  motor vehicle in this state for any cause for which the license of a resident driver may
2604  be suspended or revoked.
2605  (b) Any nonresident who drives a motor vehicle upon a highway when the individual's
2606  license has been suspended or revoked by the division is guilty of a class C
2607  misdemeanor.
2608     (9)(a) The division may not deny or suspend the license of any individual for a period of
2609  more than one year except:
2610  (i) for failure to comply with the terms of a traffic citation under Subsection (2);
2611  (ii) upon receipt of a second or subsequent order suspending juvenile driving
2612  privileges under Section 53-3-219;
                                                  - 77 -
 2nd Sub. (Gray) H.B. 287  01-26 14:48
2613  (iii) when extending a denial or suspension upon receiving certain records or reports
2614  under Subsection 53-3-220(2);
2615  (iv) for failure to give and maintain owner's or operator's security under Section
2616  41-12a-411;
2617  (v) when the division suspends the license under Subsection (6); or
2618  (vi) when the division denies the license under Subsection (14).
2619  (b) The division may suspend the license of an individual under Subsection (2) until the
2620  individual shows satisfactory evidence of compliance with the terms of the traffic
2621  citation.
2622     (10)(a) By following the procedures in Title 63G, Chapter 4, Administrative Procedures
2623  Act, the division may suspend the license of any individual without receiving a
2624  record of the individual's conviction for a crime when the division has reason to
2625  believe that the individual's license was granted by the division through error or fraud
2626  or that the necessary consent for the license has been withdrawn or is terminated.
2627  (b) The procedure upon suspension is the same as under Subsection (5), except that after
2628  the hearing the division shall either rescind its order of suspension or cancel the
2629  license.
2630     (11)(a) The division, having good cause to believe that a licensed driver is incompetent
2631  or otherwise not qualified to be licensed, may upon notice in a manner specified by
2632  the division of at least five days to the licensee require the licensee to submit to an
2633  examination.
2634  (b) Upon the conclusion of the examination the division may suspend or revoke the
2635  individual's license, permit the individual to retain the license, or grant a license
2636  subject to a restriction imposed in accordance with Section 53-3-208.
2637  (c) Refusal or neglect of the licensee to submit to an examination is grounds for
2638  suspension or revocation of the licensee's license.
2639     (12)(a) Except as provided in Subsection (12)(b), a report authorized by Section
2640  53-3-104 may not contain any evidence of a conviction for speeding on an interstate
2641  system in this state if the conviction was for a speed of 10 miles per hour or less,
2642  above the posted speed limit and did not result in an accident, unless authorized in a
2643  manner specified by the division by the individual whose report is being requested.
2644  (b) The provisions of Subsection (12)(a) do not apply for:
2645  (i) a CDIP or CDL license holder; or
2646  (ii) a violation that occurred in a commercial motor vehicle.
                                                 - 78 -
 01-26 14:48  2nd Sub. (Gray) H.B. 287
2647     (13)(a) By following the procedures in Title 63G, Chapter 4, Administrative Procedures
2648  Act, the division may suspend the license of an individual if it has reason to believe
2649  that the individual is the owner of a motor vehicle for which security is required
2650  under Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and
2651  Operators Act, and has driven the motor vehicle or permitted it to be driven within
2652  this state without the security being in effect.
2653  [(b) The division may suspend a driving privilege card holder's driving privilege
2654  card if the division receives notification from the Motor Vehicle Division that:]
2655  [(i) the driving privilege card holder is the registered owner of a vehicle; and]
2656  [(ii) the driving privilege card holder's vehicle registration has been revoked under
2657  Subsection 41-1a-110(2)(a)(ii)(A).]
2658  [(c)] (b) Section 41-12a-411 regarding the requirement of proof of owner's or operator's
2659  security applies to individuals whose driving privileges are suspended under this
2660  Subsection (13).
2661     (14) The division may deny an individual's license if the individual fails to comply with the
2662  requirement to downgrade the individual's CDL to a class D license under Section
2663  53-3-409 or 53-3-410.1.
2664     (15) The division may deny an individual's class A, B, C, or D license if the individual fails
2665  to comply with the requirement to have a K restriction removed from the individual's
2666  license.
2667     (16) Any suspension or revocation of an individual's license under this section also
2668  disqualifies any license issued to that individual under Part 4, Uniform Commercial
2669  Driver License Act.
2670  Section 17. Section 53-3-236 is amended to read:
2671  53-3-236 (Effective 07/01/27). Interdicted person identifier -- License notation.
2672     (1) If the division receives a notification from a court as provided in Section 41-6a-505,
2673  41-6a-509, 76-5-102.1, or 76-5-207, that an individual is an interdicted person, the
2674  division:
2675  (a)(i) may accept an application from the individual for a duplicate license that
2676  includes an interdicted person identifier; and
2677  (ii) if the individual submits an application and qualifies for a license certificate, may
2678  provide a license certificate with the interdicted person identifier; or
2679  (b)(i) may accept an application from the individual for a renewal of a license or an
2680  original license with an interdicted person identifier; and
                                                    - 79 -
 2nd Sub. (Gray) H.B. 287  01-26 14:48
2681  (ii) if the individual submits an application and qualifies for a license certificate, may
2682  provide a license certificate with an interdicted person identifier.
2683     (2) The division may not provide to an individual a license certificate without the
2684  interdicted person identifier during the time period the court has designated the person
2685  as an interdicted person.
2686     (3)(a) An individual may voluntarily apply for a duplicate license, original license, or
2687  renewal of a license that includes an interdicted person identifier.
2688  (b) An individual that voluntarily applies for a duplicate license, original license, or
2689  renewal of a license with an interdicted person identifier may not apply for another
2690  duplicate license, original license, or renewal of a license without the interdicted
2691  person identifier for at least 30 days after the application for the license certificate
2692  with the interdicted person identifier.
2693     (4) An individual may not hold a license certificate with an interdicted person identifier
2694  while also holding another license certificate.
2695     (5) The division may charge an administrative fee as described in Subsection [53-3-105(40)]
2696  53-3-105(38) to an individual to process and provide a license certificate with an
2697  interdicted person identifier.
2698     (6) An individual who is designated as an interdicted person by a court is subject to the
2699  duplicate license fee and other fees necessary to administer the license certificate with
2700  the interdicted person identifier.
2701  Section 18. Section 53-5a-602 is amended to read:
2702  53-5a-602 (Effective 07/01/27). Criminal background check prior to purchase of
2703     a firearm -- Fee -- Exemption for concealed firearm permit holders and law enforcement
2704     officers.
2705     (1)[(a)] To establish personal identification and residence in this state for purposes of
2706  this part, a dealer shall require an individual receiving a firearm to present one photo
2707  identification on a form issued by a governmental agency of the state.
2708  [(b) A dealer may not accept a driving privilege card issued under Section 53-3-207
2709  as proof of identification for the purpose of establishing personal identification and
2710  residence in this state as required under this Subsection (1).]
2711     (2)(a) A criminal history background check is required for the sale of a firearm by a
2712  licensed firearm dealer in the state.
2713  (b) Subsection (2)(a) does not apply to the sale of a firearm to a Federal Firearms
2714  Licensee.
                                                  - 80 -
 01-26 14:48  2nd Sub. (Gray) H.B. 287
2715     (3)(a) An individual purchasing a firearm from a dealer shall consent in writing to a
2716  criminal background check, on a form provided by the bureau.
2717  (b) The form shall contain the following information:
2718  (i) the dealer identification number;
2719  (ii) the name and address of the individual receiving the firearm;
2720  (iii) the date of birth, height, weight, eye color, and hair color of the individual
2721  receiving the firearm; and
2722  (iv) the social security number or any other identification number of the individual
2723  receiving the firearm.
2724     (4)(a) The dealer shall send the information required by Subsection (3) to the bureau
2725  immediately upon its receipt by the dealer.
2726  (b) A dealer may not sell or transfer a firearm to an individual until the dealer has
2727  provided the bureau with the information in Subsection (3) and has received approval
2728  from the bureau under Subsection (6).
2729     (5) The dealer shall make a request for criminal history background information by
2730  telephone or other electronic means to the bureau and shall receive approval or denial of
2731  the inquiry by telephone or other electronic means.
2732     (6) When the dealer calls for or requests a criminal history background check, the bureau
2733  shall:
2734  (a) review the criminal history files, including juvenile court records, and the temporary
2735  restricted file created under Section 53-5a-504, to determine if the individual is
2736  prohibited from purchasing, possessing, or transferring a firearm by state or federal
2737  law;
2738  (b) inform the dealer that:
2739  (i) the records indicate the individual is prohibited; or
2740  (ii) the individual is approved for purchasing, possessing, or transferring a firearm;
2741  (c) provide the dealer with a unique transaction number for that inquiry; and
2742  (d) provide a response to the requesting dealer during the call for a criminal background
2743  check, or by return call, or other electronic means, without delay, except in case of
2744  electronic failure or other circumstances beyond the control of the bureau, the bureau
2745  shall advise the dealer of the reason for the delay and give the dealer an estimate of
2746  the length of the delay.
2747     (7)(a) The bureau may not maintain any records of the criminal history background
2748  check longer than 20 days from the date of the dealer's request, if the bureau
                                                   - 81 -
 2nd Sub. (Gray) H.B. 287  01-26 14:48
2749  determines that the individual receiving the firearm is not prohibited from
2750  purchasing, possessing, or transferring the firearm under state or federal law.
2751  (b) However, the bureau shall maintain a log of requests containing the dealer's federal
2752  firearms number, the transaction number, and the transaction date for a period of 12
2753  months.
2754     (8)(a) If the criminal history background check discloses information indicating that the
2755  individual attempting to purchase the firearm is prohibited from purchasing,
2756  possessing, or transferring a firearm, the bureau shall:
2757  (i) within 24 hours after determining that the purchaser is prohibited from purchasing,
2758  possessing, or transferring a firearm, notify the law enforcement agency in the
2759  jurisdiction where the dealer is located; and
2760  (ii) inform the law enforcement agency in the jurisdiction where the individual
2761  resides.
2762  (b) Subsection (8)(a) does not apply to an individual prohibited from purchasing a
2763  firearm solely due to placement on the temporary restricted list under Section
2764  53-5a-504.
2765  (c) A law enforcement agency that receives information from the bureau under
2766  Subsection (8)(a) shall provide a report before August 1 of each year to the bureau
2767  that includes:
2768  (i) based on the information the bureau provides to the law enforcement agency under
2769  Subsection (8)(a), the number of cases that involve an individual who is
2770  prohibited from purchasing, possessing, or transferring a firearm as a result of a
2771  conviction for an offense involving domestic violence; and
2772  (ii) of the cases described in Subsection (8)(c)(i):
2773  (A) the number of cases the law enforcement agency investigates; and
2774  (B) the number of cases the law enforcement agency investigates that result in a
2775  criminal charge.
2776  (d) The bureau shall:
2777  (i) compile the information from the reports described in Subsection (8)(c);
2778  (ii) omit or redact any identifying information in the compilation; and
2779  (iii) submit the compilation to the Law Enforcement and Criminal Justice Interim
2780  Committee before November 1 of each year.
2781     (9) If an individual is denied the right to purchase a firearm under this section, the
2782  individual may review the individual's criminal history information and may challenge
                                                 - 82 -
 01-26 14:48  2nd Sub. (Gray) H.B. 287
2783  or amend the information as provided in Section 53-10-108.
2784     (10) The bureau shall make rules in accordance with Title 63G, Chapter 3, Utah
2785  Administrative Rulemaking Act, to ensure the identity, confidentiality, and security of
2786  all records provided by the bureau under this part are in conformance with the
2787  requirements of the Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107
2788  Stat. 1536 (1993).
2789     (11)(a) A dealer shall collect a criminal history background check fee for the sale of a
2790  firearm under this section.
2791  (b) The fee described under Subsection (11)(a) remains in effect until changed by the
2792  bureau through the process described in Section 63J-1-504.
2793  (c)(i) The dealer shall forward at one time all fees collected for criminal history
2794  background checks performed during the month to the bureau by the last day of
2795  the month following the sale of a firearm.
2796  (ii) The bureau shall deposit the fees in the General Fund as dedicated credits to
2797  cover the cost of administering and conducting the criminal history background
2798  check program.
2799     (12)(a) An individual with a concealed firearm permit issued under Section 53-5a-303 or
2800  a provisional concealed firearm permit issued under Section 53-5a-304 is exempt
2801  from the background check and corresponding fee required in this section for the
2802  purchase of a firearm if:
2803  (i) the individual presents the individual's concealed firearm permit to the dealer prior
2804  to purchase of the firearm; and
2805  (ii) the dealer verifies with the bureau that the individual's concealed firearm permit
2806  is valid.
2807  (b) An individual with a temporary permit to carry a concealed firearm issued under
2808  Section 53-5a-305 is not exempt from a background check and the corresponding fee
2809  required in this section for the purchase of a firearm.
2810     (13)(a) A law enforcement officer, as defined in Section 53-13-103, is exempt from the
2811  background check fee required in this section for the purchase of a personal firearm
2812  to be carried while off-duty if the law enforcement officer verifies current
2813  employment by providing a letter of good standing from the officer's commanding
2814  officer and current law enforcement photo identification.
2815  (b) Subsection (13)(a) may only be used by a law enforcement officer to purchase a
2816  personal firearm once in a 24-month period.
                                                 - 83 -
 2nd Sub. (Gray) H.B. 287  01-26 14:48
2817     (14) A dealer engaged in the business of selling, leasing, or otherwise transferring a firearm
2818  shall:
2819  (a) make the firearm safety brochure described in Subsection 26B-5-211(3) available to
2820  a customer free of charge; and
2821  (b) at the time of purchase, distribute a cable-style gun lock provided to the dealer under
2822  Subsection 26B-5-211(3) to a customer purchasing a shotgun, short barreled shotgun,
2823  short barreled rifle, rifle, or another firearm that federal law does not require be
2824  accompanied by a gun lock at the time of purchase.
2825  Section 19. Section 53-10-202 is amended to read:
2826  53-10-202 (Effective 07/01/27). Criminal identification -- Duties of bureau.
2827        The bureau shall:
2828     (1) procure and file information relating to identification and activities of persons who:
2829  (a) are fugitives from justice;
2830  (b) are wanted or missing;
2831  (c) have been arrested for or convicted of a crime under the laws of any state or nation;
2832  and
2833  (d) are believed to be involved in racketeering, organized crime, or a dangerous offense;
2834     (2) establish a statewide uniform crime reporting system that shall include:
2835  (a) statistics concerning general categories of criminal activities;
2836  (b) statistics concerning crimes that exhibit evidence of prejudice based on race,
2837  religion, ancestry, national origin, ethnicity, or other categories that the division finds
2838  appropriate;
2839  (c) statistics concerning the use of force by law enforcement officers in accordance with
2840  the Federal Bureau of Investigation's standards; and
2841  (d) other statistics required by the Federal Bureau of Investigation;
2842     (3) make a complete and systematic record and index of the information obtained under this
2843  part;
2844     (4) subject to the restrictions in this part, establish policy concerning the use and
2845  dissemination of data obtained under this part;
2846     (5) publish an annual report concerning the extent, fluctuation, distribution, and nature of
2847  crime in Utah;
2848     (6) establish a statewide central register for the identification and location of missing
2849  persons, which may include:
2850  (a) identifying data including fingerprints of each missing person;
                                                 - 84 -
 01-26 14:48  2nd Sub. (Gray) H.B. 287
2851  (b) identifying data of any missing person who is reported as missing to a law
2852  enforcement agency having jurisdiction;
2853  (c) dates and circumstances of any persons requesting or receiving information from the
2854  register; and
2855  (d) any other information, including blood types and photographs found necessary in
2856  furthering the purposes of this part;
2857     (7) publish a quarterly directory of missing persons for distribution to persons or entities
2858  likely to be instrumental in the identification and location of missing persons;
2859     (8) list the name of every missing person with the appropriate nationally maintained
2860  missing persons lists;
2861     (9) establish and operate a 24-hour communication network for reports of missing persons
2862  and reports of sightings of missing persons;
2863     (10) coordinate with the National Center for Missing and Exploited Children and other
2864  agencies to facilitate the identification and location of missing persons and the
2865  identification of unidentified persons and bodies;
2866     (11) receive information regarding missing persons as provided in Sections 26B-8-130 and
2867  53G-6-602, and stolen vehicles, vessels, and outboard motors, as provided in Section
2868  41-1a-1401;
2869     (12) adopt systems of identification, including the fingerprint system, to be used by the
2870  division to facilitate law enforcement;
2871     (13) assign a distinguishing number or mark of identification to any pistol or revolver, as
2872  provided in Section 53-5a-105;
2873     (14) check certain criminal records databases for information regarding motor vehicle
2874  salesperson applicants, maintain a separate file of fingerprints for motor vehicle
2875  salespersons, and inform the Motor Vehicle Enforcement Division when new entries are
2876  made for certain criminal offenses for motor vehicle salespersons in accordance with the
2877  requirements of Section 41-3-205.5;
2878     [(15) check certain criminal records databases for information regarding driving privilege
2879  card applicants or cardholders and maintain a separate file of fingerprints for driving
2880  privilege applicants and cardholders and inform the federal Immigration and Customs
2881  Enforcement Agency of the United States Department of Homeland Security when new
2882  entries are made in accordance with the requirements of Section 53-3-205.5;]
2883     [(16)] (15) review and approve or disapprove applications for license renewal that meet the
2884  requirements for renewal; and
                                                   - 85 -
 2nd Sub. (Gray) H.B. 287  01-26 14:48
2885     [(17)] (16) forward to the board those applications for renewal under Subsection [(16)] (15)
2886  that do not meet the requirements for renewal.
2887  Section 20. Section 58-37c-10 is amended to read:
2888  58-37c-10 (Effective 07/01/27). Reporting and recordkeeping.
2889     (1) Any person who engages in a regulated transaction, unless excepted under the
2890  provisions of Subsections 58-37c-8(3) and (4), shall submit a report with respect to such
2891  transaction and shall maintain records of inventories in accordance with rules adopted by
2892  the division.
2893     (2) The division shall provide reporting forms upon which regulated transactions shall be
2894  reported.
2895     (3) The division shall furnish copies of reports of transactions under this section to
2896  appropriate law enforcement agencies.
2897     (4) The division shall adopt rules regulating:
2898  (a) records which shall be maintained and reports which shall be submitted by regulated
2899  distributors and regulated purchasers with respect to listed controlled substance
2900  precursors obtained, distributed, and held in inventory;
2901  (b) records which shall be maintained and reports which shall be submitted by regulated
2902  distributors and regulated purchasers with respect to extraordinary or unusual
2903  regulated transactions and a requirement that in such cases the report must be
2904  received at least three working days prior to transfer of the listed controlled substance
2905  precursor;
2906  (c) identification which must be presented by a purchaser of any listed controlled
2907  substance precursor before the sale or transfer can be completed and recordkeeping
2908  requirements related to such identification presented;
2909  (d) filing by each licensee the identification of all locations where any listed controlled
2910  substance precursor is held in inventory or stored and amending such filing when any
2911  change in location is made;
2912  (e) reports and actions which must be taken by a regulated distributor or regulated
2913  purchaser in the event of any theft, loss, or shortage of a listed controlled substance
2914  precursor;
2915  (f) reports and actions which must be taken by a regulated distributor relating to a
2916  regulated transaction with an out-of-state purchaser;
2917  (g) reports and actions which must be taken by a regulated purchaser relating to a
2918  regulated transaction with an out-of-state distributor; and
                                                 - 86 -
 01-26 14:48  2nd Sub. (Gray) H.B. 287
2919  (h) regulated transactions to the extent such regulation is reasonable and necessary to
2920  protect the public health, safety, or welfare.
2921     [(5) A person who engages in a regulated transaction may not accept a driving privilege
2922  card issued in accordance with Section 53-3-207 as proof of identification as required
2923  under Subsection (4)(c).]
2924  Section 21. Section 63G-12-205 is amended to read:
2925  63G-12-205 (Effective 07/01/27). Eligibility criteria to obtain and maintain a
2926     guest worker permit.
2927     (1) To be eligible to obtain or maintain a guest worker permit, an undocumented individual
2928  shall:
2929  (a)(i) be 18 years [of age] old or older; or
2930  (ii) if younger than 18 years [of age] old, have the permission of a parent or guardian;
2931  (b) live in Utah;
2932  (c) have worked or lived in Utah before May 10, 2011;
2933  (d) provide relevant contact information and regularly update the relevant contact
2934  information in a manner required by rule made in accordance with Chapter 3, Utah
2935  Administrative Rulemaking Act;
2936  (e) provide documentation of a contract for hire under which the undocumented
2937  individual begins to provide services within at least 30 days of the day on which the
2938  undocumented individual obtains the permit;
2939  (f)(i) agree to a criminal background check described in Subsection (3); and
2940  (ii) not have been convicted of, pled guilty to, pled no contest to, pled guilty in a
2941  similar manner to, or resolved by diversion or its equivalent to a serious felony;
2942  (g) provide evidence satisfactory to the department that the person would not be
2943  inadmissible for public health grounds under 8 U.S.C. Sec. 1182;
2944  (h)(i) be covered by a basic health insurance plan; or
2945  (ii) provide evidence satisfactory to the department that the undocumented individual
2946  has no medical debt that is past due and agrees to have no medical debt that is past
2947  due during the term of the permit; and
2948  (i)[(i) hold a driving privilege card issued in accordance with Section 53-3-207; or]
2949  [(ii)] provide evidence satisfactory to the department that the undocumented
2950  individual will not drive a motor vehicle in the state.
2951     (2) The department may by rule made in accordance with Chapter 3, Utah Administrative
2952  Rulemaking Act, provide for the documentation required to establish eligibility under
                                                 - 87 -
 2nd Sub. (Gray) H.B. 287  01-26 14:48
2953  Subsection (1). When making a rule under this section, the department shall use federal
2954  standards as a guideline to avoid unnecessary duplication and additional costs.
2955     (3)(a) The department shall require an undocumented individual applying for a guest
2956  worker permit, or renewing a guest worker permit, to submit to a criminal
2957  background check as a condition of receiving or renewing the guest worker permit.
2958  (b) An undocumented individual required to submit to a criminal background check
2959  under Subsection (3)(a), shall:
2960  (i) submit a fingerprint card in a form acceptable to the department; and
2961  (ii) consent to a fingerprint background check by:
2962  (A) the Utah Bureau of Criminal Identification; and
2963  (B) the Federal Bureau of Investigation, including the secure communities
2964  program when possible.
2965  (c) For an undocumented individual who submits a fingerprint card and consents to a
2966  fingerprint background check under Subsection (3)(b), the department may request:
2967  (i) criminal background information maintained pursuant to Title 53, Chapter 10, Part
2968  2, Bureau of Criminal Identification, from the Bureau of Criminal Identification;
2969  and
2970  (ii) complete Federal Bureau of Investigation criminal background checks through
2971  the national criminal history system and secure communities program.
2972  (d) Information obtained by the department from the review of criminal history records
2973  received under this Subsection (3) shall be used by the department to determine
2974  eligibility to obtain a permit.
2975  (e) The department shall:
2976  (i) pay to the Federal Bureau of Investigation the costs incurred by the Federal
2977  Bureau of Investigation in providing the department criminal background
2978  information under this Subsection (3); and
2979  (ii) in accordance with Section 63J-1-504, charge the undocumented individual
2980  applying for the permit a fee equal to the aggregate of the costs incurred by the
2981  department under this Subsection (3) and the amount paid under Subsection
2982  (3)(e)(i).
2983  Section 22. Section 63G-12-401 is amended to read:
2984  63G-12-401 (Effective 07/01/27). Creation of identity documents -- Issuance to
2985     citizens, nationals, and legal permanent resident aliens -- Exceptions.
2986     (1) The following entities may create, publish, or otherwise manufacture an identification
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2987  document, identification card, or identification certificate and possess an engraved plate
2988  or other device for the printing of an identification document:
2989  (a) a federal, state, or local government agency for employee identification, which is
2990  designed to identify the bearer as an employee;
2991  (b) a federal, state, or local government agency for purposes authorized or required by
2992  law or a legitimate purpose consistent with the duties of the agency, including such
2993  documents as voter identification cards, identification cards, passports, birth
2994  certificates, and Social Security cards; and
2995  (c) a public school or state or private educational institution to identify the bearer as an
2996  administrator, faculty member, student, or employee.
2997     (2) The name of the issuing entity shall be clearly printed upon the face of the identification
2998  document.
2999     (3) Except as otherwise provided in Subsections (4) and (5) or by federal law, an entity
3000  providing an identity document, card, or certificate under Subsection (1)(b) or (c) shall
3001  issue the document, card, or certificate only to:
3002  (a) a United States citizen;
3003  (b) a national; or
3004  (c) a legal permanent resident alien.
3005     (4)(a) Subsection (3) does not apply to an applicant for an identification document who
3006  presents, in person, valid documentary evidence of the applicant's:
3007  (i) unexpired immigrant or nonimmigrant visa status for admission into the United
3008  States;
3009  (ii) pending or approved application for asylum in the United States;
3010  (iii) admission into the United States as a refugee;
3011  (iv) pending or approved application for temporary protected status in the United
3012  States;
3013  (v) approved deferred action status; or
3014  (vi) pending application for adjustment of status to legal permanent resident or
3015  conditional resident.
3016  (b)(i) An entity listed in Subsection (1)(b) or (c) may issue a Subsection (1)(b) or (c)
3017  identification document to an applicant who satisfies the requirements of
3018  Subsection (4)(a).
3019  (ii) Except as otherwise provided by federal law, the document is valid only:
3020  (A) during the period of time of the individual's authorized stay in the United
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3021  States; or
3022  (B) for one year from the date of issuance if there is no definite end to the
3023  individual's period of authorized stay.
3024  (iii) An entity issuing an identification document under this Subsection (4) shall
3025  clearly indicate on the document:
3026  (A) that it is temporary; and
3027  (B) its expiration date.
3028  (c) An individual may renew a document issued under this Subsection (4) only upon
3029  presentation of valid documentary evidence that the status by which the individual
3030  originally qualified for the identification document has been extended by the United
3031  States Citizenship and Immigration Services or other authorized agency of the United
3032  States Department of Homeland Security.
3033     (5)(a) Subsection (3) does not apply to an identification document issued under
3034  Subsection (1)(c) that:
3035  (i) is only valid for use on the educational institution's campus or facility; and
3036  (ii) includes a statement of the restricted use conspicuously printed upon the face of
3037  the identification document.
3038  (b) Subsection (3) does not apply to a license certificate[, driving privilege card,] or
3039  identification card issued or renewed under Title 53, Chapter 3, Uniform Driver
3040  License Act.
3041  (c) Subsection (3) does not apply to a public transit pass issued by a public transit
3042  district as defined in Title 17B, Chapter 2a, Part 8, Public Transit District Act, that:
3043  (i) is only valid for use on the public transit system; and
3044  (ii) includes a statement of the restricted use conspicuously printed on the face of the
3045  public transit pass.
3046  (d) Subsection (3) does not apply to a permit issued under Section 63G-12-207.
3047  (e) Subsection (3) does not apply to a permit issued under Chapter 14, Utah Pilot
3048  Sponsored Resident Immigrant Program Act.
3049     (6) This section shall be enforced without regard to race, religion, gender, ethnicity, or
3050  national origin.
3051  Section 23. Section 76-9-1117 is amended to read:
3052  76-9-1117 (Effective 07/01/27). Unlawful transfer of proof of age.
3053     (1)(a) As used in this section[:] ,
3054  [(i) "Proof] "proof of age" means:
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3055  [(A)] (i) a valid identification card issued under Title 53, Chapter 3, Part 8,
3056  Identification Card Act;
3057  [(B)] (ii) a valid identification that:
3058  [(I)] (A) is substantially similar to an identification card issued under Title 53,
3059  Chapter 3, Part 8, Identification Card Act;
3060  [(II)] (B) is issued in accordance with the laws of a state other than Utah in which
3061  the identification is issued;
3062  [(III)] (C) includes date of birth; and
3063  [(IV)] (D) has a picture affixed;
3064  [(C)] (iii) a valid driver license certificate that is issued under Title 53, Chapter 3,
3065  Uniform Driver License Act, or in accordance with the laws of the state in which
3066  the valid driver license is issued;
3067  [(D)] (iv) a valid United States military identification card that:
3068  [(I)] (A) includes date of birth; and
3069  [(II)] (B) has a picture affixed; or
3070  [(E)] (v) a valid passport.
3071  [(ii) "Proof of age" does not include a driving privilege card issued in accordance
3072  with Section 53-3-207.]
3073  (b) Terms defined in Sections 76-1-101.5 and 76-9-1101 apply to this section.
3074     (2) Except as provided in Subsection (4), an actor commits unlawful transfer of proof of
3075  age if the actor intentionally or knowingly transfers the actor's proof of age to another
3076  individual to aid that individual in:
3077  (a) purchasing a tobacco product, an electronic cigarette product, or a nicotine product;
3078  or
3079  (b) gaining admittance to any part of the premises of a retail tobacco specialty business.
3080     (3) A violation of Subsection (2) is a class B misdemeanor.
3081     (4) Subsection (2) does not apply to an individual who uses a false identification in
3082  accordance with Subsection 77-39-101(4) at the request of a peace officer.
3083  Section 24. Repealer.
3084  This bill repeals:
3085  Section 53-3-205.5, Fingerprint and photograph submission requirements for driving
3086     privilege card applicants and cardholders -- Approved private fingerprint vendor requests --
3087     Division approval of a vendor.
3088  Section 25. Effective Date.
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3089     (1) Except as provided in Subsection (2), this bill takes effect July 1, 2027.
3090     (2) The actions affecting Section 53-3-204 (Effective 05/06/26) take effect on May 6, 2026.
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