Utah Code 53-3-804. Application for identification card — Required information — Release of anatomical gift information — Cancellation of identification card
Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
Cancellation: means the termination by the division of a license issued through error or fraud or for which consent under Section 53-3-211 has been withdrawn. See Utah Code 53-3-102
Division: means the Driver License Division of the department created in Section 53-3-103. See Utah Code 53-3-102
driver: includes any person who is required to hold a CDL under 4, or federal law. See Utah Code 53-3-102
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Identification card: means a card for identification issued under this part. See Utah Code 53-3-802
License: means the privilege to drive a motor vehicle. See Utah Code 53-3-102
License certificate: means the evidence of the privilege issued under this chapter to drive a motor vehicle. See Utah Code 53-3-102
Limited-term identification card: means an identification card issued under this chapter to a person whose card was obtained by providing evidence of lawful presence in the United States with one of the document requirements described in Subsection 53-3-804(2)(i)(ii). See Utah Code 53-3-102
Regular identification card: means an identification card issued under this chapter to a person whose card was obtained by providing evidence of lawful presence in the United States with one of the document requirements described in Subsection 53-3-804(2)(i)(i). See Utah Code 53-3-102
Resident: means an individual who:
(i)
has established a domicile in this state, as defined in Section 41-1a-202, or regardless of domicile, remains in this state for an aggregate period of six months or more during any calendar year;
(ii)
engages in a trade, profession, or occupation in this state, or who accepts employment in other than seasonal work in this state, and who does not commute into the state;
(iii)
declares himself to be a resident of this state by obtaining a valid Utah driver license certificate or motor vehicle registration; or
(iv)
declares himself a resident of this state to obtain privileges not ordinarily extended to nonresidents, including going to school, or placing children in school without paying nonresident tuition or fees. See Utah Code 53-3-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
appear in person at any license examining station.
(2)
An applicant shall provide the following information to the division:
(a)
true and full legal name and Utah residence address;
(b)
date of birth as set forth in a certified copy of the applicant’s birth certificate, or other satisfactory evidence of birth, which shall be attached to the application;
(c)
(i)
social security number; or
(ii)
written proof that the applicant is ineligible to receive a social security number;
(d)
place of birth;
(e)
height and weight;
(f)
color of eyes and hair;
(g)
signature;
(h)
photograph;
(i)
evidence of the applicant’s lawful presence in the United States by providing documentary evidence:
(i)
that the applicant is:
(A)
a United States citizen;
(B)
a United States national; or
(C)
a legal permanent resident alien; or
(ii)
of the applicant’s:
(A)
unexpired immigrant or nonimmigrant visa status for admission into the United States;
(B)
pending or approved application for asylum in the United States;
(C)
admission into the United States as a refugee;
(D)
pending or approved application for temporary protected status in the United States;
(E)
approved deferred action status;
(F)
pending application for adjustment of status to legal permanent resident or conditional resident; or
(G)
conditional permanent resident alien status;
(j)
an indication whether the applicant intends to make an anatomical gift under 3;
an indication whether the applicant is a veteran of the United States Armed Forces, verification that the applicant has received an honorable or general discharge from the United States Armed Forces, and an indication whether the applicant does or does not authorize sharing the information with the stateDepartment of Veterans and Military Affairs.
(3)
(a)
The requirements of Section 53-3-234 apply to this section for each individual, age 16 and older, applying for an identification card.
(b)
Refusal to consent to the release of information under Section 53-3-234 shall result in the denial of the identification card.
(4)
An individual person who knowingly fails to provide the information required under Subsection (2)(k) is guilty of a class A misdemeanor.
(5)
(a)
A person may not hold both an unexpired Utah license certificate and an unexpired identification card.
(b)
A person who holds a regular or limited term Utah driver license and chooses to relinquish the person’s driving privilege may apply for an identification card under this chapter, provided:
(i)
the driver:
(A)
no longer qualifies for a driver license for failure to meet the requirement in Section 53-3-304; or
(B)
makes a personal decision to permanently discontinue driving; and
(ii)
the driver:
(A)
submits an application to the division on a form approved by the division in person, through electronic means, or by mail;
(B)
affirms their intention to permanently discontinue driving; and
(C)
surrenders to the division the driver license certificate; and
(iii)
the division possesses a digital photograph of the driver obtained within the preceding 10 years.
(c)
(i)
The division shall waive the fee under Section 53-3-105 for an identification card for an original identification card application under this Subsection (5).
(ii)
The fee waiver described in Subsection (5)(c)(i) does not apply to a person whose driving privilege is suspended or revoked.
