1     
AIR POLLUTION MITIGATION EDUCATION PROGRAM

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Michael S. Kennedy

5     
Senate Sponsor: Todd Weiler

6     

7     LONG TITLE
8     General Description:
9          This bill requires the Driver License Division and the State Board of Education to each
10     create rules regarding the creation and dissemination of educational materials to
11     students in driver education and applicants for a driver license on ways drivers can help
12     improve air quality and the harmful effects of vehicle emissions.
13     Highlighted Provisions:
14          This bill:
15          ▸     requires the Driver License Division and the State Board of Education to each create
16     rules requiring the development and dissemination of educational information
17     regarding:
18                •     ways drivers can help improve air quality; and
19               •     the harmful effects of vehicle emissions;
20          ▸     requires the educational information to be:
21               •     based on data and information provided by the Division of Air Quality;
22               •     provided to applicants for a driver license;
23               •     included in the driver education curriculum of a commercial driver training
24     school; and
25               •     included in the curriculum of a driver education program in a public school; and
26          ▸     makes technical changes.
27     Money Appropriated in this Bill:

28          None
29     Other Special Clauses:
30          None
31     Utah Code Sections Affected:
32     AMENDS:
33          53-3-104, as last amended by Laws of Utah 2014, Chapter 85
34          53-3-505, as last amended by Laws of Utah 2008, Chapter 382
35          53G-10-502, as renumbered and amended by Laws of Utah 2018, Chapter 3
36     

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 53-3-104 is amended to read:
39          53-3-104. Division duties.
40          The division shall:
41          (1) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
42     make rules:
43          (a) for examining applicants for a license, as necessary for the safety and welfare of the
44     traveling public;
45          (b) for acceptable documentation of an applicant's identity, Social Security number,
46     Utah resident status, Utah residence address, proof of legal presence, proof of citizenship in the
47     United States, honorable or general discharge from the United States military, and other proof
48     or documentation required under this chapter;
49          (c) regarding the restrictions to be imposed on a person driving a motor vehicle with a
50     temporary learner permit or learner permit;
51          (d) for exemptions from licensing requirements as authorized in this chapter; [and]
52          (e) establishing procedures for the storage and maintenance of applicant information
53     provided in accordance with Section 53-3-205, 53-3-410, or 53-3-804; and
54          (f) to provide educational materials to each applicant for a license, which materials
55     shall be based on data provided by the Division of Air Quality, including information on:
56          (i) ways drivers can improve air quality; and
57          (ii) the harmful effects of vehicle emissions;
58          (2) examine each applicant according to the class of license applied for;

59          (3) license motor vehicle drivers;
60          (4) file every application for a license received by it and shall maintain indices
61     containing:
62          (a) all applications denied and the reason each was denied;
63          (b) all applications granted; and
64          (c) the name of every licensee whose license has been suspended, disqualified, or
65     revoked by the division and the reasons for the action;
66          (5) suspend, revoke, disqualify, cancel, or deny any license issued in accordance with
67     this chapter;
68          (6) file all accident reports and abstracts of court records of convictions received by it
69     under state law;
70          (7) maintain a record of each licensee showing the licensee's convictions and the traffic
71     accidents in which the licensee has been involved where a conviction has resulted;
72          (8) consider the record of a licensee upon an application for renewal of a license and at
73     other appropriate times;
74          (9) search the license files, compile, and furnish a report on the driving record of any
75     person licensed in the state in accordance with Section 53-3-109;
76          (10) develop and implement a record system as required by Section 41-6a-604;
77          (11) in accordance with Section 53A-13-208, establish:
78          (a) procedures and standards to certify teachers of driver education classes to
79     administer knowledge and skills tests;
80          (b) minimal standards for the tests; and
81          (c) procedures to enable school districts to administer or process any tests for students
82     to receive a class D operator's license;
83          (12) in accordance with Section 53-3-510, establish:
84          (a) procedures and standards to certify licensed instructors of commercial driver
85     training school courses to administer the skills test;
86          (b) minimal standards for the test; and
87          (c) procedures to enable licensed commercial driver training schools to administer or
88     process skills tests for students to receive a class D operator's license;
89          (13) provide administrative support to the Driver License Medical Advisory Board

90     created in Section 53-3-303;
91          (14) upon request by the lieutenant governor, provide the lieutenant governor with a
92     digital copy of the driver license or identification card signature of a person who is an applicant
93     for voter registration under Section 20A-2-206; and
94          (15) in accordance with Section 53-3-407.1, establish:
95          (a) procedures and standards to license a commercial driver license third party tester or
96     commercial driver license third party examiner to administer the commercial driver license
97     skills tests;
98          (b) minimum standards for the commercial driver license skills test; and
99          (c) procedures to enable a licensed commercial driver license third party tester or
100     commercial driver license third party examiner to administer a commercial driver license skills
101     test for an applicant to receive a commercial driver license.
102          Section 2. Section 53-3-505 is amended to read:
103          53-3-505. School license -- Contents of rules.
104          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
105     commissioner shall make rules regarding the requirements for:
106          (a) a school license, including requirements concerning:
107          (i) locations;
108          (ii) equipment;
109          (iii) courses of instruction;
110          (iv) curriculum on air quality, based on data and information provided by the Division
111     of Air Quality, including:
112          (A) instruction on ways drivers can improve air quality; and
113          (B) the harmful effects of vehicle emissions;
114          [(iv)] (v) instructors;
115          [(v)] (vi) previous records of the school and instructors;
116          [(vi)] (vii) financial statements;
117          [(vii)] (viii) schedule of fees and charges;
118          [(viii)] (ix) character and reputation of the operators and instructors;
119          [(ix)] (x) insurance as the commissioner determines necessary to protect the interests of
120     the public; and

121          [(x)] (xi) other provisions the commissioner may prescribe for the protection of the
122     public; and
123          (b) an instructor's license, including requirements concerning:
124          (i) moral character;
125          (ii) physical condition;
126          (iii) knowledge of the courses of instruction;
127          (iv) motor vehicle laws and safety principles and practices;
128          (v) previous personnel and employment records; and
129          (vi) other provisions the commissioner may prescribe for the protection of the public;
130          (c) applications for licenses; and
131          (d) minimum standards for:
132          (i) driving simulation devices that are fully interactive under Subsection
133     53-3-505.5(2)(b); and
134          (ii) driving simulation devices that are not fully interactive under Subsection
135     53-3-505.5(2)(c).
136          (2) Rules made by the commissioner shall require that a commercial driver training
137     school offering motorcycle rider education meet or exceed the standards established by the
138     Motorcycle Safety Foundation.
139          (3) Rules made by the commissioner shall require that an instructor of motorcycle rider
140     education meet or exceed the standards for certification established by the Motorcycle Safety
141     Foundation.
142          (4) The commissioner may call upon the state superintendent of public instruction for
143     assistance in formulating appropriate rules.
144          Section 3. Section 53G-10-502 is amended to read:
145          53G-10-502. Driver education established by school districts.
146          (1) As used in this part:
147          (a) "Driver education" includes classroom instruction and driving and observation in a
148     dual-controlled motor vehicle.
149          (b) "Driving" or "behind-the-wheel driving" means operating a dual-controlled motor
150     vehicle under the supervision of a certified instructor.
151          (2) (a) Local school districts may establish and maintain driver education for pupils.

152          (b) A school or local school district that provides driver education shall provide an
153     opportunity for each pupil enrolled in that school or local school district to take the written test
154     when the pupil is 15 years and nine months of age.
155          (c) Notwithstanding the provisions of Subsection (2)(b), a school or local school
156     district that provides driver education may provide an opportunity for each pupil enrolled in
157     that school or school district to take the written test when the pupil is 15 years of age.
158          (3) The purpose of driver education is to help develop the knowledge, attitudes, habits,
159     and skills necessary for the safe operation of motor vehicles.
160          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
161     State Board of Education shall make rules for driver education offered in the public schools.
162          (5) The rules under Subsection (4) shall:
163          (a) require at least one hour of classroom training on the subject of railroad crossing
164     safety for each driver education pupil; [and]
165          (b) require instruction, based on data and information provided by the Division of Air
166     Quality, on:
167          (i) ways drivers can improve air quality; and
168          (ii) the harmful effects of vehicle emissions; and
169          [(b)] (c) establish minimum standards for approved driving ranges under Section
170     53-3-505.5.
171          (6) The requirements of Section 53-3-505.5 apply to any behind-the-wheel driving
172     training provided as part of driver education offered under this part and used to satisfy the
173     driver training requirement under Section 53-3-204.






Legislative Review Note
Office of Legislative Research and General Counsel