No. 27808: R708-41. Requirements for Acceptable Documentation

DAR File No.: 27808
Filed: 04/11/2005, 05:10
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the rule is to establish standards for acceptable documentation of an applicant's identity, Utah resident status, Utah residence address, proof of legal presence, proof of citizenship, and other proof or documentation required under Title 53, Chapter 3.

 

Summary of the rule or change:

The new law, Title 53, Chapter 3, requires the Driver License Division to determine if an applicant is a Utah resident and have the applicant establish proof of a Utah residence address as part of the requirement to get a Utah Driving Privilege Card, a Driver License, a Commercial Driver License, or an Identification Card. Effective July 1, 2005, documentation is required by the division to verify that the applicant is a citizen of a country other than the United States, is legally present in the United States, and does not qualify for a Social Security Number. Additionally, a Utah Driving Privilege Card cannot be used by a governmental entity as proof of personal identification and it cannot be renewed through the mail or on the Internet. (DAR NOTE: A corresponding proposed new Rule R708-41 is under DAR No. 27809 in this issue.)

 

State statutory or constitutional authorization for this rule:

Section 53-3-104

 

Anticipated cost or savings to:

the state budget:

There is no cost to state government because this rule only clarifies what documentation is acceptable for getting a Utah Driving Privilege Card, a Driver License, a Commercial Driver License, and an Identification Card.

 

local governments:

There will be no cost to local governments because the issuance of a Driving Privilege Card, a Driver License, a Commercial Driver License, and an Identification Card is exclusively a state responsibility.

 

other persons:

There is a potential for an individual to incur a cost for obtaining authorized copies of documents necessary to provide acceptable documentation, if the individual does not have the required documents in his or her possession.

 

Compliance costs for affected persons:

There is a potential for an individual to incur a cost for obtaining authorized copies of documents necessary to provide acceptable documentation, if the individual does not have the required documents in his or her possession.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

There is no fiscal impact on businesses because of this rule. Robert Flowers, Commissioner

 

Emergency rule reason and justification:

Regular rulemaking procedures would place the agency in violation of federal or state law.

We need an emergency rule because the Governor signed into law S.B. 227 and H.B. 223 which required the public to immediately provide required documents necessary to establish Utah residency and a Utah resident address in order for them to get a Utah Driving Privilege Card, a Driver License, a Commercial Driver License, and an Identification card. S.B. 227 required the division to make a rule defining what is acceptable documentation. (DAR NOTE: S.B. 227 is found at UT L 2005 Ch 20, and was effective 03/08/2005. H.B. 223 is found at UT L 2005 Ch 34, and will be effective 07/01/2005.)

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Safety
Driver License
CALVIN L RAMPTON COMPLEX
4501 S 2700 W 3RD FL
SALT LAKE CITY UT 84119-5595

 

Direct questions regarding this rule to:

Vinn Roos at the above address, by phone at 801-965-4456, by FAX at 801-964-4482, or by Internet E-mail at [e-mail]

 

This rule is effective on:

04/11/2005

 

Authorized by:

Nannette Rolfe, Director

 

 

RULE TEXT

R708. Public Safety, Driver License.

R708-41. Requirements for Acceptable Documentation.

R708-41-1. Purpose.

The purpose of this rule is to define acceptable documentation pursuant to Title 53, Chapter 3.

 

R708-41-2. Authority.

This rule is authorized by Section 53-3-104.

 

R708-41-3. Definitions.

(1) "Utah Residence address" means the place where an individual has a fixed permanent home and principal establishment in Utah and in which the individual voluntarily resides, that is not for a special or temporary purpose.

(2) "Legal Presence" means that an individual's presence in the United States does not violate state or federal law.

 

R708-41-4. Obtaining a Utah Driving Privilege Card, Driver License, Commercial Driver License or an Identification Card.

(1) An applicant seeking to obtain a Utah Driving Privilege Card, Driver license, Commercial Driver License or an Identification Card must:

(a) provide two different forms of identification from the following list to verify full legal name, date of birth, and gender pursuant to Section 53-3-205(9)(a) and 53-3-804 (2):

(i) Certificate of Naturalization;

(ii) Certificate of Citizenship;

(iii) driver license issued in the United States;

(iv) foreign birth certificate with certified translation;

(v) I-94 card or INS I-551 card;

(vi) Indian Blood Certificate;

(vii) Matricular Consular ID Card (Issued in Utah);

(viii) Resident Alien Card;

(ix) U.S. Birth Certificate (from Vital Records);

(x) U.S. Certificate of Birth Abroad;

(xi) U.S. Military Identification Card or DD-214;

(xii) U.S. Passport; and

(xiii) other documentation furnished by the individual if it can be determined that the documentation unequivocally demonstrates proof of identity.

(b) provide the applicant's Utah residence address. PO Boxes and business addresses are not accepted; and

(c) provide two different types of original (current and valid) documents from the following list as proof of a Utah resident address.

(i) property tax notice, statement or receipt, within one year;

(ii) utility bill, billing date within 60 days, (no cell phone bills);

(iii) Utah vehicle registration or title;

(iv) bank statement, within 60 days;

(v) recent mortgage papers;

(vi) current residential rental contract;

(vii) major credit card bill, within 60 days;

(viii) court order of probation, order of parole or order of mandatory release, must display residential address;

(ix) transcripts from an accredited college, university, or high school; or

(x) other documentation furnished by the individual if it can be determined that the documentation unequivocally demonstrates proof of residency or domicile.

(2) An applicant for a Utah Driving Privilege Card must also provide:

(a) a valid Individual Tax Identification Number (ITIN) card issued by the Internal Revenue Service; or

(b) effective July 1, 2005, documentation from the following list, as requested by the division, to verify that the applicant is a citizen of a country other than the United States, is legally present in the United States, and does not qualify for a Social Security Number:

(i) valid foreign passport with appropriate immigration document(s);

(ii) INS-I-551 Resident Alien Card issued since 1997 (cards issued prior to this date need to be screened for appropriate security features);

(iii) INS I-688 Temporary Resident Identification Card;

(iv) INS I-688B, I-766 Employment Authorization Card;

(v) U.S. Department of Receptions and Placement Program Assurance Form (Refugee); or

(vi) other documentation furnished by the individual if it can be determined that the documentation unequivocally demonstrates that the applicant is a citizen of a country other than the United States, is legally present in the United States, and does not qualify for a Social Security Number.

 

KEY: acceptable documentation

April 11, 2005

53-3-104