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H.B. 12





Sponsor: Marda Dillree

             7      PROVIDING AN EFFECTIVE DATE.
             8      This act affects sections of Utah Code Annotated 1953 as follows:
             9      AMENDS:
             10          53A-13-201, as last amended by Chapter 48, Laws of Utah 1996
             11          53A-13-202, as last amended by Chapter 191, Laws of Utah 1992
             12      Be it enacted by the Legislature of the state of Utah:
             13          Section 1. Section 53A-13-201 is amended to read:
             14           53A-13-201. Driver education established by school districts.
             15          (1) As used in this part:
             16          (a) "driver education," includes classroom instruction and driving and observation in a
             17      dual-controlled motor vehicle; and
             18          (b) "driving" means operating a dual-controlled motor vehicle under the supervision an
             19      approved instructor.
             20          [(1)] (2) (a) Local school districts may establish and maintain driver education classes for
             21      pupils.
             22          (b) A school that provides driver education shall provide opportunity for each pupil
             23      enrolled in that school to take the written test and be issued a practice permit when the pupil is 15
             24      years and nine months of age.
             25          [(2) "Driver education," as used in this chapter, includes classroom instruction and
             26      behind-the-wheel driving and observation in a dual controlled automobile.]
             27          (3) The [aims and purposes] purpose of driver education [are] is to help develop the

             28      knowledge, attitudes, habits, and skills necessary for the safe operation of motor vehicles.
             29          (4) The State Board of Education shall prescribe rules for driver education classes in the
             30      public schools.
             31          (5) The rules under Subsection (4) shall require at least one hour of classroom training on
             32      the subject of railroad crossing safety for each driver education pupil.
             33          (6) (a) Except as provided in Subsection (6)(b), driver education offered under this part
             34      and used to satisfy the driver training requirement under Section 53-3-204 shall include at least six
             35      hours of driving a motor vehicle for each student.
             36          (b) No more than three hours of the behind-the-wheel driving may be substituted as
             37      follows:
             38          (i) A maximum of one of the hours may be achieved by completing not less than four
             39      hours of driving simulation on an approved driving simulator.
             40          (ii) A maximum of three of the hours may be achieved by completing not less than six
             41      hours of range driving on an approved driving range, with each two hours of range driving
             42      equivalent to one hour of the driving required under Subsection (6)(a).
             43          Section 2. Section 53A-13-202 is amended to read:
             44           53A-13-202. Reimbursement of school districts for driver education class expenses
             45      -- Limitations -- Excess funds.
             46          (1) The state superintendent of public instruction shall, prior to September 2nd following
             47      the school year during which it was expended, or may at earlier intervals during that school year,
             48      reimburse each school district that applied for reimbursement and maintains driver education
             49      classes that conform to Section 53A-13-201 and the rules prescribed by the board for the actual
             50      cost of providing the behind-the-wheel and observation training incidental to those classes.
             51          (2) Under the state board's supervision, a school district may employ noncertified
             52      personnel or may contract with private parties or agencies for the behind-the-wheel phase of the
             53      driver's education program.
             54          (3) The reimbursement amount shall be paid out of the Automobile Driver Education Fee
             55      Account in the Uniform School Fund and may not exceed the state average behind-the-wheel and
             56      observation training costs based on uniform accounting for the preceding year but not to exceed
             57      $90 per student who has completed such a standard driver education course during the school year.
             58          (4) If the amount of money in the account at the end of a school year is less than the total

             59      of the reimbursable costs, the state superintendent of public instruction shall allocate the money
             60      to each school district in the same proportion that its reimbursable costs bear to the total
             61      reimbursable costs of all school districts.
             62          (5) If the amount of money in the account at the end of any school year is more than the
             63      total of the reimbursement costs, the superintendent may allocate the excess funds to school
             64      districts to aid in the procurement of equipment and facilities which reduce the cost of
             65      behind-the-wheel instruction.
             66          Section 3. Effective date.
             67          This act takes effect on July 1, 1999.

Legislative Review Note
    as of 11-19-98 12:02 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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