S.B. 51

1

MEDICAL ADVISORY BOARD WAIVERS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Ed P. Mayne
5 AN ACT RELATING TO HEALTH AND TRANSPORTATION; PROVIDING THAT THE
6 DRIVER LICENSE MEDICAL ADVISORY BOARD MAY ESTABLISH A STANDARDS
7 PROGRAM REGARDING COMMERCIAL INTRASTATE DRIVER LICENSES; S REQUIRING
7a THAT LICENSE WAIVER APPLICANTS BEAR ANY ADDITIONAL COSTS OF LICENSES; s AND
8 ESTABLISHING REQUIREMENTS FOR THE PROGRAM.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 ENACTS:
11 53-3-303.5, Utah Code Annotated 1953
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 53-3-303.5 is enacted to read:
14 53-3-303.5. Driver License Medical Advisory Board.
15 (1) The Driver License Medical Advisory Board shall:
16 (a) advise the director of the division; and
17 (b) establish and recommend written functional ability profile guidelines and standards
18 for determining the physical, mental, and emotional capabilities of applicants for specific types
19 of licenses, appropriate to various driving abilities.
20 (2) (a) The Driver License Medical Advisory Board shall establish fitness standards for
21 issuing intrastate commercial driver licenses under Title 53, Chapter 3, Part 4, Uniform
22 Commercial Driver License Act .
23 (b) The standards under this Subsection (2) may only be implemented if the United States
24 Department of Transportation (USDOT) will not impose any sanctions, including funding
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Amend on 2_goldenrod February 20, 1997 25 sanctions, against the state of Utah.
26 (3) In case of uncertainty of interpretation of these guidelines and standards, or in special
27 circumstances, applicants may request a review of any division decision by a panel of board

1 members. All of the actions of the director and board are subject to judicial review.
1a S (4)(a) IF THE APPLICANT FOR AN INTRASTATE COMMERCIAL DRIVER LICENSE UNDER
1b SUBSECTION (2) APPLIES FOR THE LICENSE UNDER A WAIVER PROGRAM, THE APPLICANT SHALL
1c BEAR ANY COSTS DIRECTLY ASSOCIATED WITH THE COST OF ADMINISTRATION OF THE WAIVER
1d PROGRAM, WITH RESPECT TO THE APPLICANT'S APPLICATION, IN ADDITION TO ANY FEES
1e REQUIRED UNDER SECTION 53-3-105.
1f (b) THE DIVISION SHALL ESTABLISH ANY ADDITIONAL FEE NECESSARY TO
1g ADMINISTER LICENSE UNDER THIS SUBSECTION (4) IN ACCORDANCE WITH
1h SECTION 63-38-3.2. s







Legislative Review Note
as of 1-20-97 9:08 AM

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Amend on 2_goldenrod February 20, 1997 A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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