UT Senate Bill 40 | NNA
Law

UT Senate Bill 40

Notary Law Update: UT Senate Bill 40

State: Utah

Summary:

In 2008, Utah enacted a law specifying types of ID that are not acceptable as satisfactory evidence of identity for Notaries and other governmental use. A driving privilege card was specifically named. SB 40 redefines more clearly than before who the holders of driving privilege cards would be.

Signed:  March 25, 2009

Effective:  January 01, 2010

Chapter: 315

Affects:

Amends Sections 46-1-2, 53-3-102 and 53-3-207 of the Utah Code Annotated

Changes:
  1. A technical change clarifying that a “driving privilege card” is a document granted and issued to drive a motor vehicle to a person who does not provide evidence of lawful presence in the United States. 
Analysis:

Last year Utah enacted legislation to exclude a “driving privilege card” as an acceptable form of satisfactory evidence presented to a Notary, the first law of its kind. A driving privilege card provides authorization to drive a motor vehicle to a person who has not provided evidence of lawful presence in the U.S. In order to obtain a driver’s license or identification card in Utah, a person must provide documentary evidence that the applicant is a U.S. citizen, a U.S. national, a legal permanent resident alien, or of the applicant’s unexpired immigrant or nonimmigrant visa status for admission into the United States, pending or approved application for asylum in the United States, admission into the United States as a refugee, pending or approved application for temporary protected status in the United States, approved deferred action status or pending application for adjustment of status to legal permanent resident or conditional resident.

Previously, the law stated that a driving privilege card was obtained by a person without providing a Social Security number. Effective January 1, 2010, the statute clarifies that a driving privilege card is granted to a person who has not provided evidence of lawful presence in the U.S. The change is more accurately descriptive of the class of person who would use this card.

A driver privilege card must be obtained by any person who has resided in Utah for a period of six months or more, and is not temporarily assigned to Utah by an employer, religious organization or government agency if the person wants to drive in Utah. The valid driver privilege card allows the holder to operate a motor vehicle in Utah but may not be used as a means of identification by any Utah government entities.

A driving privilege card is distinguished from a driver license by format, color and typefaces. It also includes the following statement in substantially similar language on the front of the card; “FOR DRIVING PRIVILEGES ONLY – NOT VALID FOR IDENTIFICATION”.

A photograph of the driving privilege card, driver license and identification card can be viewed at the following link: http://publicsafety.utah.gov/dld/licensing.html.

Read the bill text.

Knowledge Center