Enrolled Copy H.B. 110
1 SEX AND KIDNAP OFFENDER REGISTRY AMENDMENTS
2024 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Andrew Stoddard Senate Sponsor: Michael K. McKell
2
3 LONG TITLE
4 General Description:
5 This bill amends provisions related to the Sex and Kidnap Offender Registry.
6 Highlighted Provisions:
7 This bill:
8 ▸ changes references from the Department of Corrections to the Department of Public
9 Safety;
10 ▸ clarifies the purpose of the Department of Public Safety keeping certain information for
11 individuals on the Sex and Kidnap Offender Registry; and
12 ▸ clarifies the requirements the Bureau of Criminal Identification and the Department of
13 Corrections must check for when an individual petitions to be removed from the registry.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 This bill provides a special effective date.
18 Utah Code Sections Affected:
19 AMENDS:
20 53-3-205, as last amended by Laws of Utah 2023, Chapters 328, 454
21 53-3-804, as last amended by Laws of Utah 2023, Chapter 328
22 77-27-5.2, as enacted by Laws of Utah 2021, Chapter 410
23 77-27-21.7, as last amended by Laws of Utah 2023, Chapters 18, 117
24 77-41-103, as last amended by Laws of Utah 2023, Chapters 123, 128
25 77-41-112, as last amended by Laws of Utah 2023, Chapters 124, 128
26 80-5-201, as last amended by Laws of Utah 2023, Chapter 123
27
28 Be it enacted by the Legislature of the state of Utah:
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29 Section 1. Section 53-3-205 is amended to read:
30 53-3-205 . Application for license or endorsement -- Fee required -- Tests --
31 Expiration dates of licenses and endorsements -- Information required -- Previous
32 licenses surrendered -- Driving record transferred from other states -- Reinstatement --
33 Fee required -- License agreement.
34 (1) An application for an original license, provisional license, or endorsement shall be:
35 (a) made upon a form furnished by the division; and
36 (b) accompanied by a nonrefundable fee set under Section 53-3-105.
37 (2) An application and fee for an original provisional class D license or an original class D
38 license entitle the applicant to:
39 (a) not more than three attempts to pass both the knowledge and the skills tests for a
40 class D license within six months after the date of the application;
41 (b) a learner permit if needed pending completion of the application and testing process;
42 and
43 (c) an original class D license and license certificate after all tests are passed and
44 requirements are completed.
45 (3) An application and fee for a motorcycle or taxicab endorsement entitle the applicant to:
46 (a) not more than three attempts to pass both the knowledge and skills tests within six
47 months after the date of the application;
48 (b) a motorcycle learner permit after the motorcycle knowledge test is passed; and
49 (c) a motorcycle or taxicab endorsement when all tests are passed.
50 (4) An application for a commercial class A, B, or C license entitles the applicant to:
51 (a) not more than two attempts to pass a knowledge test when accompanied by the fee
52 provided in Subsection 53-3-105(18);
53 (b) not more than two attempts to pass a skills test when accompanied by a fee in
54 Subsection 53-3-105(19) within six months after the date of application;
55 (c) both a commercial driver instruction permit and a temporary license permit for the
56 license class held before the applicant submits the application if needed after the
57 knowledge test is passed; and
58 (d) an original commercial class A, B, or C license and license certificate when all
59 applicable tests are passed.
60 (5) An application and fee for a CDL endorsement entitle the applicant to:
61 (a) not more than two attempts to pass a knowledge test and not more than two attempts
62 to pass a skills test within six months after the date of the application; and
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63 (b) a CDL endorsement when all tests are passed.
64 (6) (a) If a CDL applicant does not pass a knowledge test, skills test, or an endorsement
65 test within the number of attempts provided in Subsection (4) or (5), each test may be
66 taken two additional times within the six months for the fee provided in Section
67 53-3-105.
68 (b) (i) An out-of-state resident who holds a valid CDIP issued by a state or
69 jurisdiction that is compliant with 49 C.F.R. Part 383 may take a skills test
70 administered by the division if the out-of-state resident pays the fee provided in
71 Subsection 53-3-105(19).
72 (ii) The division shall:
73 (A) electronically transmit skills test results for an out-of-state resident to the
74 licensing agency in the state or jurisdiction in which the out-of-state resident
75 has obtained a valid CDIP; and
76 (B) provide the out-of-state resident with documentary evidence upon successful
77 completion of the skills test.
78 (7) (a) (i) Except as provided under Subsections (7)(a)(ii), (f), and (g), an original
79 class D license expires on the birth date of the applicant in the eighth year after the
80 year the license certificate was issued.
81 (ii) An original provisional class D license expires on the birth date of the applicant
82 in the fifth year following the year the license certificate was issued.
83 (iii) Except as provided in Subsection (7)(f), a limited term class D license expires on
84 the birth date of the applicant in the fifth year the license certificate was issued.
85 (b) Except as provided under Subsections (7)(f) and (g), a renewal or an extension to a
86 license expires on the birth date of the licensee in the eighth year after the expiration
87 date of the license certificate renewed or extended.
88 (c) Except as provided under Subsections (7)(f) and (g), a duplicate license expires on
89 the same date as the last license certificate issued.
90 (d) An endorsement to a license expires on the same date as the license certificate
91 regardless of the date the endorsement was granted.
92 (e) (i) A regular license certificate and an endorsement to the regular license
93 certificate held by an individual described in Subsection (7)(e)(ii), that expires
94 during the time period the individual is stationed outside of the state, is valid until
95 90 days after the individual's orders are terminated, the individual is discharged, or
96 the individual's assignment is changed or terminated, unless:
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97 (A) the license is suspended, disqualified, denied, or has been cancelled or
98 revoked by the division; or
99 (B) the licensee updates the information or photograph on the license certificate.
100 (ii) The provisions in Subsection (7)(e)(i) apply to an individual:
101 (A) ordered to active duty and stationed outside of Utah in any of the armed forces
102 of the United States;
103 (B) who is an immediate family member or dependent of an individual described
104 in Subsection (7)(e)(ii)(A) and is residing outside of Utah;
105 (C) who is a civilian employee of the United States State Department or United
106 States Department of Defense and is stationed outside of the United States; or
107 (D) who is an immediate family member or dependent of an individual described
108 in Subsection (7)(e)(ii)(C) and is residing outside of the United States.
109 (f) (i) Except as provided in Subsection (7)(f)(ii), a limited-term license certificate or
110 a renewal to a limited-term license certificate expires:
111 (A) on the expiration date of the period of time of the individual's authorized stay
112 in the United States or on the date provided under this Subsection (7),
113 whichever is sooner; or
114 (B) on the date of issuance in the first year following the year that the limited-term
115 license certificate was issued if there is no definite end to the individual's
116 period of authorized stay.
117 (ii) A limited-term license certificate or a renewal to a limited-term license certificate
118 issued to an approved asylee or a refugee expires on the birth date of the applicant
119 in the fifth year following the year that the limited-term license certificate was
120 issued.
121 (g) A driving privilege card issued or renewed under Section 53-3-207 expires on the
122 birth date of the applicant in the first year following the year that the driving privilege
123 card was issued or renewed.
124 (8) (a) In addition to the information required by Title 63G, Chapter 4, Administrative
125 Procedures Act, for requests for agency action, an applicant shall:
126 (i) provide:
127 (A) the applicant's full legal name;
128 (B) the applicant's birth date;
129 (C) the applicant's sex;
130 (D) (I) documentary evidence of the applicant's valid social security number;
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131 (II) written proof that the applicant is ineligible to receive a social security
132 number;
133 (III) the applicant's temporary identification number (ITIN) issued by the
134 Internal Revenue Service for an individual who:
135 (Aa) does not qualify for a social security number; and
136 (Bb) is applying for a driving privilege card; or
137 (IV) other documentary evidence approved by the division;
138 (E) the applicant's Utah residence address as documented by a form or forms
139 acceptable under rules made by the division under Section 53-3-104, unless the
140 application is for a temporary CDL issued under Subsection 53-3-407(2)(b);
141 and
142 (F) fingerprints, or a fingerprint confirmation form described in Subsection
143 53-3-205.5(1)(a)(ii), and a photograph in accordance with Section 53-3-205.5
144 if the applicant is applying for a driving privilege card;
145 (ii) provide evidence of the applicant's lawful presence in the United States by
146 providing documentary evidence:
147 (A) that the applicant is:
148 (I) a United States citizen;
149 (II) a United States national; or
150 (III) a legal permanent resident alien; or
151 (B) of the applicant's:
152 (I) unexpired immigrant or nonimmigrant visa status for admission into the
153 United States;
154 (II) pending or approved application for asylum in the United States;
155 (III) admission into the United States as a refugee;
156 (IV) pending or approved application for temporary protected status in the
157 United States;
158 (V) approved deferred action status;
159 (VI) pending application for adjustment of status to legal permanent resident or
160 conditional resident; or
161 (VII) conditional permanent resident alien status;
162 (iii) provide a description of the applicant;
163 (iv) state whether the applicant has previously been licensed to drive a motor vehicle
164 and, if so, when and by what state or country;
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165 (v) state whether the applicant has ever had a license suspended, cancelled, revoked,
166 disqualified, or denied in the last 10 years, or whether the applicant has ever had a
167 license application refused, and if so, the date of and reason for the suspension,
168 cancellation, revocation, disqualification, denial, or refusal;
169 (vi) state whether the applicant intends to make an anatomical gift under Title 26B,
170 Chapter 8, Part 3, Revised Uniform Anatomical Gift Act, in compliance with
171 Subsection (15);
172 (vii) state whether the applicant is required to register as a sex offender in accordance
173 with Title 77, Chapter 41, Sex and Kidnap Offender Registry;
174 (viii) state whether the applicant is a veteran of the United States military, provide
175 verification that the applicant was granted an honorable or general discharge from
176 the United States Armed Forces, and state whether the applicant does or does not
177 authorize sharing the information with the Department of Veterans and Military
178 Affairs;
179 (ix) provide all other information the division requires; and
180 (x) sign the application which signature may include an electronic signature as
181 defined in Section 46-4-102.
182 (b) Unless the applicant provides acceptable verification of homelessness as described in
183 rules made by the division, an applicant shall have a Utah residence address, unless
184 the application is for a temporary CDL issued under Subsection 53-3-407(2)(b).
185 (c) An applicant shall provide evidence of lawful presence in the United States in
186 accordance with Subsection (8)(a)(ii), unless the application is for a driving privilege
187 card.
188 (d) The division shall maintain on the division's computerized records an applicant's:
189 (i) (A) social security number;
190 (B) temporary identification number (ITIN); or
191 (C) other number assigned by the division if Subsection (8)(a)(i)(D)(IV) applies;
192 and
193 (ii) indication whether the applicant is required to register as a sex offender in
194 accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry.
195 (9) The division shall require proof of an applicant's name, birth date, and birthplace by at
196 least one of the following means:
197 (a) current license certificate;
198 (b) birth certificate;
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199 (c) Selective Service registration; or
200 (d) other proof, including church records, family Bible notations, school records, or
201 other evidence considered acceptable by the division.
202 (10) (a) Except as provided in Subsection (10)(c), if an applicant receives a license in a
203 higher class than what the applicant originally was issued:
204 (i) the license application is treated as an original application; and
205 (ii) license and endorsement fees is assessed under Section 53-3-105.
206 (b) An applicant that receives a downgraded license in a lower license class during an
207 existing license cycle that has not expired:
208 (i) may be issued a duplicate license with a lower license classification for the
209 remainder of the existing license cycle; and
210 (ii) shall be assessed a duplicate license fee under Subsection 53-3-105(25) if a
211 duplicate license is issued under Subsection (10)(b)(i).
212 (c) An applicant who has received a downgraded license in a lower license class under
213 Subsection (10)(b):
214 (i) may, when eligible, receive a duplicate license in the highest class previously
215 issued during a license cycle that has not expired for the remainder of the existing
216 license cycle; and
217 (ii) shall be assessed a duplicate license fee under Subsection 53-3-105(25) if a
218 duplicate license is issued under Subsection (10)(c)(i).
219 (11) (a) When an application is received from an applicant previously licensed in
220 another state to drive a motor vehicle, the division shall request a copy of the driver's
221 record from the other state.
222 (b) When received, the driver's record becomes part of the driver's record in this state
223 with the same effect as though entered originally on the driver's record in this state.
224 (12) An application for reinstatement of a license after the suspension, cancella