63G-11-102 - Creation of identity documents -- Issuance to citizens, nationals, and legal permanent resident aliens -- Exceptions.
63G-11-102. Creation of identity documents -- Issuance to citizens, nationals, andlegal permanent resident aliens -- Exceptions.
(1) The following entities may create, publish, or otherwise manufacture an identificationdocument, identification card, or identification certificate and possess an engraved plate or otherdevice for the printing of an identification document:
(a) a federal, state, or local government agency for employee identification, which isdesigned to identify the bearer as an employee;
(b) a federal, state, or local government agency for purposes authorized or required bylaw or a legitimate purpose consistent with the duties of the agency, including such documents asvoter identification cards, identification cards, passports, birth certificates, and Social Securitycards; and
(c) a public school or state or private educational institution to identify the bearer as anadministrator, faculty member, student, or employee.
(2) The name of the issuing entity shall be clearly printed upon the face of theidentification document.
(3) Except as otherwise provided in Subsections (4) and (5) or by federal law, an entityproviding an identity document, card, or certificate under Subsection (1)(b) or (c) shall issue thedocument, card, or certificate only to:
(a) a United States citizen;
(b) a national; or
(c) a legal permanent resident alien.
(4) (a) Subsection (3) does not apply to an applicant for an identification document whopresents, in person, valid documentary evidence of the applicant's:
(i) unexpired immigrant or nonimmigrant visa status for admission into the UnitedStates;
(ii) pending or approved application for asylum in the United States;
(iii) admission into the United States as a refugee;
(iv) pending or approved application for temporary protected status in the United States;
(v) approved deferred action status; or
(vi) pending application for adjustment of status to legal permanent resident orconditional resident.
(b) (i) An entity listed in Subsection (1)(b) or (c) may issue a Subsection (1)(b) or (c)identification document to an applicant who satisfies the requirements of Subsection (4)(a).
(ii) Except as otherwise provided by federal law, the document is valid only:
(A) during the period of time of the individual's authorized stay in the United States; or
(B) for one year from the date of issuance if there is no definite end to the individual'speriod of authorized stay.
(iii) An entity issuing an identification document under this Subsection (4) shall clearlyindicate on the document:
(A) that it is temporary; and
(B) its expiration date.
(c) An individual may renew a document issued under this Subsection (4) only uponpresentation of valid documentary evidence that the status by which the individual originallyqualified for the identification document has been extended by the United States Citizenship andImmigration Services or other authorized agency of the United States Department of Homeland
Security.
(5) (a) Subsection (3) does not apply to an identification document issued underSubsection (1)(c) that:
(i) is only valid for use on the educational institution's campus or facility; and
(ii) includes a statement of the restricted use conspicuously printed upon the face of theidentification document.
(b) Subsection (3) does not apply to a license certificate, driving privilege card, oridentification card issued or renewed under Title 53, Chapter 3, Uniform Driver License Act.
(c) Subsection (3) does not apply to a public transit pass issued by a public transit districtas defined in Title 17B, Chapter 2a, Part 8, Public Transit District Act, that:
(i) is only valid for use on the public transit system; and
(ii) includes a statement of the restricted use conspicuously printed on the face of thepublic transit pass.
(6) This section shall be enforced without regard to race, religion, gender, ethnicity, ornational origin.
Amended by Chapter 281, 2010 General Session