DAR File No. 31738

Public Safety, Driver License

R708-41-3

Definitions

NOTICE OF PROPOSED RULE

DAR File No.: 31738
Filed: 07/18/2008, 03:57
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule change is to allow applicants for a Utah Driver License and/or Utah State Identification card who are homeless or in transition to use their "Sponsoring Agency's" business address as their Utah residence address.

Summary of the rule or change:

This rule will allow applicants who are homeless or in transition to use their "Sponsoring Agency's" business address as their Utah residence address. Proof of Utah residence address is required by Utah law.

State statutory or constitutional authorization for this rule:

Subsections 53-3-205(9)(a) and (b), 53-3-804(1), 53-3-102(24)(a), and 53-3-104(1)(b)

Anticipated cost or savings to:

the state budget:

There is no cost to the state budget because any monies collected for driver license or identification card fees are deposited in the "Department of Public Safety Restricted Account". The monies from this account are appropriated to the department to carry out the provisions of Title 53, Chapter 3.

local governments:

There is no cost to local government because they are not involved with issuing Utah driver license or identification cards.

small businesses and persons other than businesses:

There is no cost to small businesses because they are not involved with issuing Utah driver license or identification cards.

Compliance costs for affected persons:

There are no additional compliance costs for individuals using a "Sponsoring Agency's" address instead of their own residence address. The fees for a Utah Driver License and a Utah State Identification card are set forth under Sections 53-3-105 and 53-3-808.

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

There will be no fiscal impact on businesses because of this rule amendment. Scott Duncan, Commissioner

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:

Jill Laws at the above address, by phone at 801-964-4469, by FAX at 801-964-4482, or by Internet E-mail at jlaws@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

09/15/2008

This rule may become effective on:

09/22/2008

Authorized by:

Nannette Rolfe, Director

R708. Public Safety, Driver License.

R708-41. Requirements for Acceptable Documentation.

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. Under unique situations that require an individual to be under temporary care, custody or treatment of a government, public or private business the Division may authorize the sponsoring agency to sign an affidavit verifying the residence of the applicant. Upon approval from the Division Director or designee, the Division will recognize the sponsoring agency's address as the Utah residence address for the individual.

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

 

KEY: acceptable documentation

Date of Enactment or Last Substantive Amendment: [June 1, 2005]2008

Authorizing, and Implemented or Interpreted Law: 53-3-104