HB 287 — Immigrant Driving Amendments

- 20 - HB0287S01 compared with HB0287S02 (40) "Distressed merchandise" means an alcoholic product in the possession of the department that is saleable, but for some reason is unappealing to the public.

- 20 - HB0287 compared with HB0287S02 (b) receives scheduled commercial passenger aircraft service;

- 21 - HB0287S01 compared with HB0287S02 (47) "Full-service restaurant license" means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 2, Full-Service Restaurant License.

(48) - 21 - HB0287 compared with HB0287S02 (a) "Furnish" means by any means to provide with, supply, or give an individual an alcoholic product, by sale or otherwise.

(i) - 22 - HB0287S01 compared with HB0287S02 (A) contains more than 5% alcohol by volume;

- 22 - HB0287 compared with HB0287S02 (B) contains at least .5% of alcohol by volume and no more than 5% of alcohol by volume or 4% by weight, and a propolyne glycol-, ethyl alcohol-, or ethanol-based flavoring agent that contributes more than 10% of the overall alcohol content of the product;

or - 23 - HB0287S01HB0287 compared with HB0287S02 (C) if the establishment is located in a small or unincorporated locality, has an appropriate amount of function space consisting of meeting or dining rooms that can be reserved for private use under a banquet contract, as determined by the commission.

- 24 - HB0287S01HB0287 compared with HB0287S02 (b) a controlled substance;

or - 25 - HB0287S01HB0287 compared with HB0287S02 (IV) other drink or drinkable liquid;

- 26 - HB0287S01HB0287 compared with HB0287S02 (74) "Manufacture" means to distill, brew, rectify, mix, compound, process, ferment, or otherwise make an alcoholic product for personal use or for sale or distribution to others.

- 27 - HB0287S01HB0287 compared with HB0287S02 (b) "Off-premise beer retailer" does not include an on-premise beer retailer.

(89) - 28 - HB0287S01HB0287 compared with HB0287S02 (a) "Performing arts facility" means a multi-use performance space that:

and - 29 - HB0287S01HB0287 compared with HB0287S02 (c) the order is made for obtaining an alcoholic product for medicinal purposes only.

and - 30 - HB0287S01HB0287 compared with HB0287S02 [(C)] (iii) is issued under Title 53, Chapter 3, Uniform Driver License Act, in accordance with the laws of the state in which it is issued, or in accordance with federal law by the United States Department of State;

and - 31 - HB0287S01HB0287 compared with HB0287S02 (ii) used for:

- 32 - HB0287S01HB0287 compared with HB0287S02 (109) "Resort license" means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8, Resort License Act.

- 33 - HB0287S01HB0287 compared with HB0287S02 (e) a bar establishment license;

- 34 - HB0287S01HB0287 compared with HB0287S02 (118) "Sell" or "offer for sale" means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission.

- 35 - HB0287S01HB0287 compared with HB0287S02 (124) "Small or unincorporated locality" means:

- 36 - HB0287S01HB0287 compared with HB0287S02 (a) the appearance of:

- 37 - HB0287S01HB0287 compared with HB0287S02 (a) any of the following licenses issued as a subordinate license to, and contingent on the issuance of, a principal license:

- 38 - HB0287S01HB0287 compared with HB0287S02 (ii) has contents that are:

or - 39 - HB0287S01HB0287 compared with HB0287S02 (c) allowing the individual who signed the statement of age to be employed in employment that under this title may not be obtained by a minor.

and - 40 - HB0287S01HB0287 compared with HB0287S02 (vi) field notes.

(3) - 41 - HB0287S01HB0287 compared with HB0287S02 (a) Subject to the provisions of this section, the department or the responsible law enforcement agency employing the peace officer that investigated the accident shall disclose an unredacted accident report, containing the information described in Subsection 41-6a-402(4)(c), to:

- 42 - HB0287S01HB0287 compared with HB0287S02 (d) Information provided to a member of the press or broadcast news media under Subsection (3)(a)(iv) may only include:

- 43 - HB0287S01HB0287 compared with HB0287S02 (iii) The reports may be used as evidence when necessary to prosecute charges filed in connection with a violation of Subsection (6).

(7) The department and the responsible law enforcement agency employing the investigating peace officer may charge a reasonable fee determined by the department under Section 63J-1-504 for the - 44 - HB0287S01HB0287 compared with HB0287S02 cost incurred in disclosing an accident report or an accident report and any of its accompanying data under Subsections (3)(a) and (b).

- 45 - HB0287S01HB0287 compared with HB0287S02 (4) A peace officer investigating an accident shall include in the accident report described in Section 41-6a-404:

- 46 - HB0287S01HB0287 compared with HB0287S02 (7) "Electronic seal" means an electronic version of the seal described in Section 46-1-16, that conforms with rules made under Subsection 46-1-3.7(1)(d), that a notary may attach to a notarial certificate to complete an electronic notarization.

- 47 - HB0287S01HB0287 compared with HB0287S02 (b) "Official seal" includes an electronic seal.

- 48 - HB0287S01HB0287 compared with HB0287S02 (21) "Signature witnessing" means a notarial act in which an individual:

- 49 - HB0287S01HB0287 compared with HB0287S02 (i) applies to a person who holds or is required to hold a commercial driver instruction permit or a CDL license;

- 50 - HB0287S01HB0287 compared with HB0287S02 (iv) recreational vehicles that are not used in commerce and are driven solely as family or personal conveyances for recreational purposes;

- 51 - HB0287S01HB0287 compared with HB0287S02 (b) In Part 4, Uniform Commercial Driver License Act, "driver" includes any person who is required to hold a CDL under Part 4, Uniform Commercial Driver License Act, or federal law.

- 52 - HB0287S01HB0287 compared with HB0287S02 [(iii) a driving privilege card;] [(iv)] (iii) a CDL license certificate;

- 53 - HB0287S01HB0287 compared with HB0287S02 (b) "Owner" includes a person entitled to the use and possession of a vehicle subject to a security interest in another person but excludes a lessee under a lease not intended as security.

- 54 - HB0287S01HB0287 compared with HB0287S02 (iii) declares himself to be a resident of this state by obtaining a valid Utah driver license certificate or motor vehicle registration;

- 55 - HB0287S01HB0287 compared with HB0287S02 (5) An original application for a taxicab endorsement under Section 53-3-205 is $14.

(26) - 56 - HB0287S01HB0287 compared with HB0287S02 (a) A license reinstatement application under Section 53-3-205 is $40.

- 57 - HB0287S01HB0287 compared with HB0287S02 (C) the Department of Workforce Services;

or - 58 - HB0287S01HB0287 compared with HB0287S02 (iv) a homeless service provider as verified by the Department of Workforce Services as described in Section 26B-8-113.

- 59 - HB0287S01HB0287 compared with HB0287S02 (3) (a) The account shall earn interest.

- 60 - HB0287S01HB0287 compared with HB0287S02 (ii) if the person is 18 years old or younger, has not completed a course in driver training approved by the commissioner;

- 61 - HB0287S01HB0287 compared with HB0287S02 (i) the Utah identification card is canceled;

- 62 - HB0287S01HB0287 compared with HB0287S02 (2) An application and fee for an original provisional class D license or an original class D license entitle the applicant to:

(b) - 63 - HB0287S01HB0287 compared with HB0287S02 (i) An out-of-state resident who holds a valid CDIP issued by a state or jurisdiction that is compliant with 49 C.F.R.

or - 64 - HB0287S01HB0287 compared with HB0287S02 (B) the licensee updates the information or photograph on the license certificate.

or - 65 - HB0287S01HB0287 compared with HB0287S02 [(III) the applicant's temporary identification number (ITIN) issued by the Internal Revenue Service for an individual who:] [(Aa) does not qualify for a social security number;

and (E) the applicant's Utah residence address as documented by a form or forms acceptable under rules made by the division under Section 53-3-104, unless the application is for a temporary CDL issued under Subsection 53-3-407(2)(b);[ {[} and] [(F) fingerprints, or a fingerprint confirmation form described in Subsection 53-3-205.5(1)(a)(ii), and a photograph in accordance with Section 53-3-205.5 if the applicant is applying for a driving privilege card;] (ii) provide evidence of the applicant's lawful presence in the United States by providing documentary evidence:

(v) state whether the applicant has ever had a license suspended, cancelled, revoked, disqualified, or denied in the last 10 years, or whether the applicant has ever had a license application refused, - 66 - HB0287S01HB0287 compared with HB0287S02 and if so, the date of and reason for the suspension, cancellation, revocation, disqualification, denial, or refusal;

- 67 - HB0287S01HB0287 compared with HB0287S02 (c) Selective Service registration;

- 68 - HB0287S01HB0287 compared with HB0287S02 (14) An applicant who applies for an original license or renewal of a license agrees that the individual's license is subject to a suspension or revocation authorized under this title or Title 41, Motor Vehicles.

- 69 - HB0287S01HB0287 compared with HB0287S02 (21) (a) An applicant who applies for an original motorcycle endorsement to a regular license certificate is exempt from the requirement to pass the knowledge and skills test to be eligible for the motorcycle endorsement if the applicant:

- 70 - HB0287S01HB0287 compared with HB0287S02 (d) knowledge of the state traffic laws;

and] [(B) the first time the individual applies for a renewal of a class D license certificate.] [(b) (i) Upon the second renewal of a refugee's, an approved asylee's, or a covered humanitarian parolee's limited-term license certificate for a refugee, an approved asylee, or a covered humanitarian parolee that has taken the knowledge exam in the individual's preferred language under Subsection (2)(a), the division shall re-examine the individual's knowledge of the state traffic laws in English.] [(ii) Upon the second renewal of an individual's class D license certificate of an individual who has taken the knowledge exam in the individual's preferred language under Subsection (2)(a)(ii), the division shall re-examine the individual's knowledge of the state traffic laws in English.] [(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division shall make rules establishing the procedures and requirements for the examination of the individual's knowledge of the state traffic laws in the individual's preferred language.] [(d) (i) Beginning on July 1, 2023, for a class D license certificate,certificate{[} , except for a driving privilege card issued under Section 53-3-207,53-3-207{]} , the division shall administer the written knowledge examination in as many languages as reasonably possible given budgetary and other constraints.] - 71 - HB0287S01HB0287 compared with HB0287S02 [(ii) If the division is unable to administer the written knowledge examination in a particular language, an individual may take an examination with the assistance of a translator approved by the division.] [(iii) If an individual takes the examination with the assistance of a translator, the individual is responsible for the costs of the translator.] [(e) In order to provide the services described in Subsection (2)(d)(i), the division may contract with a private vendor to provide the translation services or technology.] [(3) (a) For an applicant for an original or a renewal of a class D license, other thanthan{[} a driving privilege card oror{]} a limited term license certificate, the division shall provide the examination of an individual's knowledge of the state traffic laws in five commonly spoken languages in the state, other than English, as determined under Subsection (3)(c).] [(b) An applicant for an original or a renewal of a class D license, other thanthan{[} a driving privilege card oror{]} a limited term license certificate, may request to take the examination of the individual's knowledge of the state traffic laws in a language other than English, if the requested language is one of five commonly spoken languages in the state as determined under Subsection (3)(c).] [(c) (i) The Division of Multicultural Affairs created in Section 9-21-201 shall recommend five commonly spoken languages in the state, other than English, for examination of an individual's knowledge of the state traffic laws.] [(ii) The division shall offer the examination of an individual's knowledge of the state traffic laws in the five commonly spoken languages, other than English, recommended by the Division of Multicultural Affairs created in Section 9-21-201.] (2) The division may offer the examination of the individual's knowledge of the state traffic laws only in English.

- 72 - HB0287S01HB0287 compared with HB0287S02 [(7) The division shall provide a report to the Transportation Interim Committee on or before October 1, 2023, regarding the written knowledge examination in languages other than English, including:] [(a) costs associated with the program;] [(b) the number of languages provided;] [(c) the likelihood of adding additional languages in the future;

- 73 - HB0287S01HB0287 compared with HB0287S02 (f) "Invisible condition" means a physical or mental condition that may interfere with an individual's ability to communicate with a first responder, including:

- 74 - HB0287S01HB0287 compared with HB0287S02 (3) (a) Every regular license certificate[,] or limited-term license certificate[, or driving privilege card] shall bear:

(4) - 75 - HB0287S01HB0287 compared with HB0287S02 (a) The division shall include or affix an invisible condition identification symbol on an individual's regular license certificate[,] or limited-term license certificate[, or driving privilege card] if the individual or the individual's authorized guardian, on a form prescribed by the department:

or (ii) after including the invisible condition identification symbol on the individual's previously issued regular license certificate[,] or limited-term license certificate, [or driving privilege card, ]require the individual to provide subsequent written verification described in Subsection (4)(a)(ii) to include - 76 - HB0287S01HB0287 compared with HB0287S02 the invisible condition identification symbol on the individual's renewed or extended regular license certificate[,] or limited-term license certificate[, or driving privilege card].

(ii) (A) The division shall issue a temporary regular license certificate or temporary limited-term license certificate allowing the individual to drive a motor vehicle while the division is completing the - 77 - HB0287S01HB0287 compared with HB0287S02 division's investigation to determine whether the individual is entitled to be granted a driving privilege.

and - 78 - HB0287S01HB0287 compared with HB0287S02 (b) the limited-term license certificate's expiration date.

or - 79 - HB0287S01HB0287 compared with HB0287S02 (ii) more than six months prior to the expiration date if the applicant furnishes proof that the applicant will be absent from the state during the six-month period prior to the expiration of the license.

- 80 - HB0287S01HB0287 compared with HB0287S02 (ii) Except as provided under Subsections (3)(b) and (c), the division may renew or extend a provisional license and any endorsement to a provisional license for eight years without examination for licensees whose driving records for the five years immediately preceding the determination of eligibility for extension show:

- 81 - HB0287S01HB0287 compared with HB0287S02 (ii) holding a CDL or limited-term CDL issued under Part 4, Uniform Commercial Driver License Act;

or - 82 - HB0287S01HB0287 compared with HB0287S02 (f) has been convicted of serious offenses against traffic laws governing the movement of motor vehicles with a frequency that indicates a disrespect for traffic laws and a disregard for the safety of other individuals on the highways.

- 83 - HB0287S01HB0287 compared with HB0287S02 (ii) The points shall be based upon actual relationships between types of traffic violations and motor vehicle traffic accidents.

- 84 - HB0287S01HB0287 compared with HB0287S02 (iii) The division may also delete points to reward violation-free driving for periods of time set by the division.

(6) - 85 - HB0287S01HB0287 compared with HB0287S02 (a) Subject to Subsection (6)(d), the division shall suspend an individual's license when the division receives notice from the Office of Recovery Services that the Office of Recovery Services has ordered the suspension of the individual's license.

- 86 - HB0287S01HB0287 compared with HB0287S02 (7) (a) The division may suspend or revoke the license of any resident of this state upon receiving notice of the conviction of that individual in another state of an offense committed there that, if committed in this state, would be grounds for the suspension or revocation of a license.

(10) (a) By following the procedures in Title 63G, Chapter 4, Administrative Procedures Act, the division may suspend the license of any individual without receiving a record of the individual's conviction for a crime when the division has reason to believe that the individual's license was granted by the - 87 - HB0287S01HB0287 compared with HB0287S02 division through error or fraud or that the necessary consent for the license has been withdrawn or is terminated.

and] - 88 - HB0287S01HB0287 compared with HB0287S02 [(ii) the driving privilege card holder's vehicle registration has been revoked under Subsection 41-1a-110(2)(a)(ii)(A).] [(c)] (b) Section 41-12a-411 regarding the requirement of proof of owner's or operator's security applies to individuals whose driving privileges are suspended under this Subsection (13).

(b) An individual that voluntarily applies for a duplicate license, original license, or renewal of a license with an interdicted person identifier may not apply for another duplicate license, original license, or - 89 - HB0287S01HB0287 compared with HB0287S02 renewal of a license without the interdicted person identifier for at least 30 days after the application for the license certificate with the interdicted person identifier.

- 90 - HB0287S01HB0287 compared with HB0287S02 (iii) the date of birth, height, weight, eye color, and hair color of the individual receiving the firearm;

- 91 - HB0287S01HB0287 compared with HB0287S02 (b) However, the bureau shall maintain a log of requests containing the dealer's federal firearms number, the transaction number, and the transaction date for a period of 12 months.

(10) The bureau shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to ensure the identity, confidentiality, and security of all records provided by the - 92 - HB0287S01HB0287 compared with HB0287S02 bureau under this part are in conformance with the requirements of the Brady Handgun Violence Prevention Act, Pub.

- 93 - HB0287S01HB0287 compared with HB0287S02 (a) make the firearm safety brochure described in Subsection 26B-5-211(3) available to a customer free of charge;

and - 94 - HB0287S01HB0287 compared with HB0287S02 (d) any other information, including blood types and photographs found necessary in furthering the purposes of this part;

- 95 - HB0287S01HB0287 compared with HB0287S02 58-37c-10.

[(5) A person who engages in a regulated transaction may not accept a driving privilege card issued in accordance with Section 53-3-207 as proof of identification as required under Subsection (4)(c).] - 96 - HB0287S01HB0287 compared with HB0287S02 Section 21.

When - 97 - HB0287S01HB0287 compared with HB0287S02 making a rule under this section, the department shall use federal standards as a guideline to avoid unnecessary duplication and additional costs.

- 98 - HB0287S01HB0287 compared with HB0287S02 (1) The following entities may create, publish, or otherwise manufacture an identification document, identification card, or identification certificate and possess an engraved plate or other device for the printing of an identification document:

or - 99 - HB0287S01HB0287 compared with HB0287S02 (B) for one year from the date of issuance if there is no definite end to the individual's period of authorized stay.

- 100 - HB0287S01HB0287 compared with HB0287S02 [(B)] (ii) a valid identification that:

- 101 - HB0287S01HB0287 compared with HB0287S02 Effective Date.