H.B. 298

This document includes House Committee Amendments incorporated into the bill on Thu, Feb 9, 2006 at 11:05 AM by ddonat. --> This document includes House Committee Amendments (CORRECTED) incorporated into the bill on Tue, Feb 21, 2006 at 2:28 PM by ddonat. --> 1

DRIVER LICENSE - APPLICATION OF
2 MINOR
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: David Litvack
6 Senate Sponsor: Gene Davis
7
8 LONG TITLE
9 General Description:
10 This bill modifies the H. Utah Human Services Code and .H Driver Licensing Act by
10a amending provisions related to
11 applications by H. certain .H minors.
12 Highlighted Provisions:
13 This bill:
14 . provides that if a minor applicant for a temporary learner permit, practice permit, or
15 provisional license is in the legal custody of the Division of Child and Family
16 Services, a parent or responsible adult who is willing to assume certain obligations
17 and liability requirements may sign the application; H. [ and ]
17a . provides that the Office of Licensing within the Department of Human Services shall
17b require a child placing agency that provides foster home services to notify a foster parent of
17c the liability requirements when signing as a responsible adult for a foster child to receive a
17d driver license;
17e . grants the Office of Licensing rule making authority to establish procedures for a
17f child placing agency to provide the notifications; and .H
18 . makes technical changes.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:

22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 53-3-211, as last amended by Chapter 222, Laws of Utah 2004
25a H. ENACTS:
25b 62A-2-108.5, Utah Code Annotated 1953 .H
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 53-3-211 is amended to read:
29 53-3-211. Application of minors -- Liability of person signing application --
30 Cancellation of cosigning adult's liability -- Behind-the-wheel driving certification.
31 (1) As used in this section, "minor" means any person younger than 18 years of age
32 who is not married or has not been emancipated by adjudication.
33 (2) (a) The application of a minor for a temporary learner permit, practice permit, or
34 provisional license shall be signed by the parent or guardian of the applicant.
35 (b) If the minor applicant does not have a parent or guardian or is in the legal custody
36 of the Division of Child and Family Services, then a parent or a responsible adult who is
37 willing to assume the obligation imposed under this chapter may sign the application.
38 (3) (a) Except as provided in Subsection (4), the liability of a minor for civil
39 compensatory damages caused when operating a motor vehicle upon a highway is imputed to
40 the person who has signed the application of the minor under Subsection (2).
41 (b) The person who has signed the application under Subsection (2) is jointly and
42 severally liable with the minor as provided in Subsections (3)(a) and (c).
43 (c) The liability imposed under Subsections (3)(a) and (b) is limited to the policy
44 minimum limits established in Section 31A-22-304 .
45 (d) The liability provisions in this Subsection (3) are in addition to the liability
46 provisions in Section 53-3-212 .
47 (4) If owner's or operator's security covering the minor's operation of the motor vehicle
48 is in effect in amounts as required under Section 31A-22-304 , the person who signed the
49 minor's application under Subsection (2) is not subject to the liability imposed under
50 Subsection (3).
51 (5) (a) A person who has signed the application of a minor under Subsection (2) may
52 file with the division a verified written request that the permit or license of the minor be
53 canceled.
54 (b) The division shall then cancel the permit or license of the minor, and the person
55 who signed the application of the minor under Subsection (2) is relieved from the liability
56 imposed under Subsection (3) or the minor operating a motor vehicle subsequent to the
57 cancellation.
58 (6) (a) The division upon receipt of satisfactory evidence of the death of the person

59 who signed the application of a minor under Subsection (2) shall cancel the permit or license
60 and may not issue a new permit or license until a new application, signed and verified, is made
61 under this chapter.
62 (b) This Subsection (6) does not apply to an application of a person who is no longer a
63 minor.
64 (7) (a) In addition to the liability assumed under this section, the person who signs the
65 application of a minor for a provisional license must certify that the minor applicant, under the
66 authority of a permit issued under this chapter, has completed at least 40 hours of driving a
67 motor vehicle, of which at least ten hours shall be during night hours after sunset.
68 (b) The hours of driving a motor vehicle required under Subsection (7)(a) may include:
69 (i) hours completed in a driver education course as required under Subsection
70 53-3-505.5 (1); and
71 (ii) up to five hours completed by driving simulation practice on a fully interactive
72 driving simulation device at the substitution rate provided under Subsection 53-3-505.5 (2)(b).
72a H. Section 2. Section 62A-2-108.5 is enacted to read:
72b 62A-2-108.5. Notification requirement for child placing agencies that provide foster
72c home services.
72d (1) The office shall require a child placing agency that provides foster home services to
72e notify a foster parent that if the foster parent signs as the responsible adult for a foster child to
72f receive a driver license under Section 53-3-211, the foster parent is jointly and severally liable
72g with the minor for civil compensatory damages caused by the minor when operating a motor
72h vehicle upon a highway as provided under Subsections 53-3-211(3) and (4).
72i (2) In accordance with Title 63, Chapter 46a, Utah Administrative Rule making Act,
72j the office may make rules establishing the procedures for a child placing agency to provide the
72k notification required under this section. .H




Legislative Review Note
as of 1-9-06 12:41 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel