Superseded 7/1/2023)
Superseded 7/1/2023
53-3-805. Identification card — Contents — Specifications.
| (1) |
As used in this section:
Terms Used In Utah Code 53-3-805- Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
- Commissioner: means the commissioner of public safety appointed under Section 53-1-107. See Utah Code 53-1-102
- Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
- Division: means the Driver License Division of the department created in Section 53-3-103. See Utah Code 53-3-102
- Driving privilege card: means the evidence of the privilege granted and issued under this chapter to drive a motor vehicle to a person whose privilege was obtained without providing evidence of lawful presence in the United States. See Utah Code 53-3-102
- 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
- Person: means :Utah Code 68-3-12.5
- 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
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- 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
- Veteran: means an individual who:Utah Code 68-3-12.5
| (a) |
“Health care professional” means the same as that term is defined in Section 53-3-207. |
| (b) |
“Invisible condition” means the same as that term is defined in Section 53-3-207. |
| (c) |
“Invisible condition identification symbol” means the same as that term is defined in Section 53-3-207. |
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| (2) |
| (a) |
The division shall issue an identification card that bears:
| (i) |
the distinguishing number assigned to the individual by the division; |
| (ii) |
the name, birth date, and Utah residence address of the individual; |
| (iii) |
a brief description of the individual for the purpose of identification; |
| (iv) |
a photograph of the individual; |
| (v) |
a photograph or other facsimile of the individual’s signature; |
| (vi) |
an indication whether the individual intends to make an anatomical gift under 3; and |
| (vii) |
if the individual states that the individual is a veteran of the United States military on the application for an identification card in accordance with Section 53-3-804 and provides verification that the individual received an honorable or general discharge from the United States Armed Forces, an indication that the individual is a United States military veteran for a regular identification card or a limited-term identification card issued on or after July 1, 2011. |
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| (b) |
An identification card issued by the division may not bear the individual’s social security number or place of birth. |
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| (3) |
| (a) |
The card shall be of an impervious material, resistant to wear, damage, and alteration. |
| (b) |
Except as provided under Section 53-3-806, the size, form, and color of the card is prescribed by the commissioner. |
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| (4) |
At the applicant’s request, the card may include a statement that the applicant has a special medical problem or allergies to certain drugs, for the purpose of medical treatment. |
| (5) |
| (a) |
The division shall include or affix an invisible condition identification symbol on an individual’s identification card if the individual, on a form prescribed by the department:
| (i) |
requests the division to include the invisible condition identification symbol; |
| (ii) |
provides written verification from a health care professional that the individual is an individual with an invisible condition; and |
| (iii) |
submits a signed waiver of liability for the release of any medical information to:
| (B) |
any person who has access to the individual’s medical information as recorded on the individual’s driving record or the Utah Criminal Justice Information System under this chapter; and |
| (C) |
any other person who may view or receive notice of the individual’s medical information by seeing the individual’s regular license certificate, limited-term license certificate, or driving privilege card or the individual’s information in the Utah Criminal Justice Information System. |
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| (b) |
As part of the form described in Subsection (5)(a), the department shall advise the individual that by submitting the request and signed waiver, the individual consents to the release of the individual’s medical information to any person described in Subsection (5)(a)(iii), even if the person is otherwise ineligible to access the individual’s medical information under state or federal law. |
| (c) |
The division may not:
| (i) |
charge a fee to include the invisible condition identification symbol on the individual’s identification card; or |
| (ii) |
after including the invisible condition identification symbol on the individual’s previously issued identification card, require the individual to provide subsequent written verification described in Subsection (5)(a)(ii) to include the invisible condition identification symbol on the individual’s extended identification card. |
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| (d) |
The inclusion of an invisible condition identification symbol on an individual’s identification card in accordance with Subsection (5)(a) does not confer any legal rights or privileges on the individual, including parking privileges for individuals with disabilities under Section 41-1a-414. |
| (e) |
For each individual issued an identification card under this section that includes an invisible condition identification symbol, the division shall include in the division’s database a brief description of the nature of the individual’s invisible condition in the individual’s record and provide the brief description to the Utah Criminal Justice Information System. |
| (f) |
Except as provided in this section, the division may not release the information described in Subsection (5)(e). |
| (g) |
Within 30 days after the day on which the division receives an individual’s written request, the division shall:
| (i) |
remove from the individual’s record in the division’s database the invisible condition identification symbol and the brief description described in Subsection (5)(e); and |
| (ii) |
provide the individual’s updated record to the Utah Criminal Justice Information System. |
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| (7) |
| (a) |
The indication of intent under Subsection 53-3-804(2)(j) shall be authenticated by the applicant in accordance with division rule. |
| (b) |
| (ii) |
An organ procurement organization may use released information only to:
| (A) |
obtain additional information for an anatomical gift registry; and |
| (B) |
inform applicants of anatomical gift options, procedures, and benefits. |
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| (9) |
The division and the division’s employees are not liable, as a result of false or inaccurate information provided under Subsection 53-3-804(2)(j) or (l), for direct or indirect:
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| (10) |
| (a) |
The division may issue a temporary regular identification card to an individual while the individual obtains the required documentation to establish verification of the information described in Subsections 53-3-804(2)(a), (b), (c), (d), and (i)(i). |
| (b) |
A temporary regular identification card issued under this Subsection (10) shall be recognized and grant the individual the same privileges as a regular identification card. |
| (c) |
A temporary regular identification card issued under this Subsection (10) is invalid:
| (i) |
when the individual’s regular identification card has been issued; |
| (ii) |
when, for good cause, an applicant’s application for a regular identification card has been refused; or |
| (iii) |
upon expiration of the temporary regular identification card. |
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| (d) |
The division shall coordinate with the Department of Corrections in providing an inmate with a temporary regular identification card as described in Section 64-13-10.6. |
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Amended by Chapter 328, 2023 General Session
Amended by Chapter 414, 2023 General Session
