1     
DRIVER EDUCATION AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Melissa G. Ballard

5     
Senate Sponsor: David G. Buxton

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to driver education requirements and driver
10     licenses.
11     Highlighted Provisions:
12          This bill:
13          ▸     extends the term of a learner permit from one year to 18 months;
14          ▸     changes identifying information required on a driver license application to include
15     "sex" instead of "gender";
16          ▸     removes certain references to a "school district" and replaces that term with "local
17     education agency" to ensure that Utah Schools for the Deaf and the Blind receive
18     funding and resources for driver education;
19          ▸     prohibits rules requiring driver education observation hours; and
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     AMENDS:
27          53-3-205, as last amended by Laws of Utah 2019, Chapters 381 and 382
28          53-3-210.5, as last amended by Laws of Utah 2015, Chapter 207

29          53-3-502, as last amended by Laws of Utah 2006, Chapter 266
30          53-3-505, as last amended by Laws of Utah 2018, Chapter 233
31          53G-10-502, as last amended by Laws of Utah 2020, Chapter 408
32          53G-10-503, as last amended by Laws of Utah 2019, Chapters 293 and 325
33          53G-10-506, as last amended by Laws of Utah 2019, Chapter 293
34          53G-10-507, as last amended by Laws of Utah 2020, Chapter 408
35          53G-10-508, as last amended by Laws of Utah 2020, Chapter 408
36     

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 53-3-205 is amended to read:
39          53-3-205. Application for license or endorsement -- Fee required -- Tests --
40     Expiration dates of licenses and endorsements -- Information required -- Previous
41     licenses surrendered -- Driving record transferred from other states -- Reinstatement --
42     Fee required -- License agreement.
43          (1) An application for an original license, provisional license, or endorsement shall be:
44          (a) made upon a form furnished by the division; and
45          (b) accompanied by a nonrefundable fee set under Section 53-3-105.
46          (2) An application and fee for an original provisional class D license or an original
47     class D license entitle the applicant to:
48          (a) not more than three attempts to pass both the knowledge and the skills tests for a
49     class D license within six months after the date of the application;
50          (b) a learner permit if needed pending completion of the application and testing
51     process; and
52          (c) an original class D license and license certificate after all tests are passed and
53     requirements are completed.
54          (3) An application and fee for a motorcycle or taxicab endorsement entitle the
55     applicant to:

56          (a) not more than three attempts to pass both the knowledge and skills tests within six
57     months after the date of the application;
58          (b) a motorcycle learner permit after the motorcycle knowledge test is passed; and
59          (c) a motorcycle or taxicab endorsement when all tests are passed.
60          (4) An application for a commercial class A, B, or C license entitles the applicant to:
61          (a) not more than two attempts to pass a knowledge test when accompanied by the fee
62     provided in Subsection 53-3-105(18);
63          (b) not more than two attempts to pass a skills test when accompanied by a fee in
64     Subsection 53-3-105(19) within six months after the date of application;
65          (c) both a commercial driver instruction permit and a temporary license permit for the
66     license class held before the applicant submits the application if needed after the knowledge
67     test is passed; and
68          (d) an original commercial class A, B, or C license and license certificate when all
69     applicable tests are passed.
70          (5) An application and fee for a CDL endorsement entitle the applicant to:
71          (a) not more than two attempts to pass a knowledge test and not more than two
72     attempts to pass a skills test within six months after the date of the application; and
73          (b) a CDL endorsement when all tests are passed.
74          (6) (a) If a CDL applicant does not pass a knowledge test, skills test, or an endorsement
75     test within the number of attempts provided in Subsection (4) or (5), each test may be taken
76     two additional times within the six months for the fee provided in Section 53-3-105.
77          (b) (i) Beginning July 1, 2015, an out-of-state resident who holds a valid CDIP issued
78     by a state or jurisdiction that is compliant with 49 C.F.R. Part 383 may take a skills test
79     administered by the division if the out-of-state resident pays the fee provided in Subsection
80     53-3-105(19).
81          (ii) The division shall:
82          (A) electronically transmit skills test results for an out-of-state resident to the licensing

83     agency in the state or jurisdiction in which the out-of-state resident has obtained a valid CDIP;
84     and
85          (B) provide the out-of-state resident with documentary evidence upon successful
86     completion of the skills test.
87          (7) (a) (i) Except as provided under Subsections (7)(a)(ii), (f), and (g), an original class
88     D license expires on the birth date of the applicant in the eighth year after the year the license
89     certificate was issued.
90          (ii) An original provisional class D license expires on the birth date of the applicant in
91     the fifth year following the year the license certificate was issued.
92          (iii) Except as provided in Subsection (7)(f), a limited term class D license expires on
93     the birth date of the applicant in the fifth year the license certificate was issued.
94          (b) Except as provided under Subsections (7)(f) and (g), a renewal or an extension to a
95     license expires on the birth date of the licensee in the eighth year after the expiration date of the
96     license certificate renewed or extended.
97          (c) Except as provided under Subsections (7)(f) and (g), a duplicate license expires on
98     the same date as the last license certificate issued.
99          (d) An endorsement to a license expires on the same date as the license certificate
100     regardless of the date the endorsement was granted.
101          (e) (i) A regular license certificate and an endorsement to the regular license certificate
102     held by an individual described in Subsection (7)(e)(ii), that expires during the time period the
103     individual is stationed outside of the state, is valid until 90 days after the individual's orders are
104     terminated, the individual is discharged, or the individual's assignment is changed or
105     terminated, unless:
106          (A) the license is suspended, disqualified, denied, or has been cancelled or revoked by
107     the division; or
108          (B) the licensee updates the information or photograph on the license certificate.
109          (ii) The provisions in Subsection (7)(e)(i) apply to an individual:

110          (A) ordered to active duty and stationed outside of Utah in any of the armed forces of
111     the United States;
112          (B) who is an immediate family member or dependent of an individual described in
113     Subsection (7)(e)(ii)(A) and is residing outside of Utah;
114          (C) who is a civilian employee of the United States State Department or United States
115     Department of Defense and is stationed outside of the United States; or
116          (D) who is an immediate family member or dependent of an individual described in
117     Subsection (7)(e)(ii)(C) and is residing outside of the United States.
118          (f) (i) Except as provided in Subsection (7)(f)(ii), a limited-term license certificate or a
119     renewal to a limited-term license certificate expires:
120          (A) on the expiration date of the period of time of the individual's authorized stay in
121     the United States or on the date provided under this Subsection (7), whichever is sooner; or
122          (B) on the date of issuance in the first year following the year that the limited-term
123     license certificate was issued if there is no definite end to the individual's period of authorized
124     stay.
125          (ii) A limited-term license certificate or a renewal to a limited-term license certificate
126     issued to an approved asylee or a refugee expires on the birth date of the applicant in the fifth
127     year following the year that the limited-term license certificate was issued.
128          (g) A driving privilege card issued or renewed under Section 53-3-207 expires on the
129     birth date of the applicant in the first year following the year that the driving privilege card was
130     issued or renewed.
131          (8) (a) In addition to the information required by Title 63G, Chapter 4, Administrative
132     Procedures Act, for requests for agency action, an applicant shall:
133          (i) provide:
134          (A) the applicant's full legal name;
135          (B) the applicant's birth date;
136          (C) the applicant's [gender] sex;

137          (D) (I) documentary evidence of the applicant's valid social security number;
138          (II) written proof that the applicant is ineligible to receive a social security number;
139          (III) the applicant's temporary identification number (ITIN) issued by the Internal
140     Revenue Service for an individual who:
141          (Aa) does not qualify for a social security number; and
142          (Bb) is applying for a driving privilege card; or
143          (IV) other documentary evidence approved by the division;
144          (E) the applicant's Utah residence address as documented by a form or forms
145     acceptable under rules made by the division under Section 53-3-104, unless the application is
146     for a temporary CDL issued under Subsection 53-3-407(2)(b); and
147          (F) fingerprints and a photograph in accordance with Section 53-3-205.5 if the
148     applicant is applying for a driving privilege card;
149          (ii) provide evidence of the applicant's lawful presence in the United States by
150     providing documentary evidence:
151          (A) that the applicant is:
152          (I) a United States citizen;
153          (II) a United States national; or
154          (III) a legal permanent resident alien; or
155          (B) of the applicant's:
156          (I) unexpired immigrant or nonimmigrant visa status for admission into the United
157     States;
158          (II) pending or approved application for asylum in the United States;
159          (III) admission into the United States as a refugee;
160          (IV) pending or approved application for temporary protected status in the United
161     States;
162          (V) approved deferred action status;
163          (VI) pending application for adjustment of status to legal permanent resident or

164     conditional resident; or
165          (VII) conditional permanent resident alien status;
166          (iii) provide a description of the applicant;
167          (iv) state whether the applicant has previously been licensed to drive a motor vehicle
168     and, if so, when and by what state or country;
169          (v) state whether the applicant has ever had a license suspended, cancelled, revoked,
170     disqualified, or denied in the last 10 years, or whether the applicant has ever had a license
171     application refused, and if so, the date of and reason for the suspension, cancellation,
172     revocation, disqualification, denial, or refusal;
173          (vi) state whether the applicant intends to make an anatomical gift under Title 26,
174     Chapter 28, Revised Uniform Anatomical Gift Act, in compliance with Subsection (15);
175          (vii) state whether the applicant is required to register as a sex offender in accordance
176     with Title 77, Chapter 41, Sex and Kidnap Offender Registry;
177          (viii) state whether the applicant is a veteran of the United States military, provide
178     verification that the applicant was granted an honorable or general discharge from the United
179     States Armed Forces, and state whether the applicant does or does not authorize sharing the
180     information with the Department of Veterans and Military Affairs;
181          (ix) provide all other information the division requires; and
182          (x) sign the application which signature may include an electronic signature as defined
183     in Section 46-4-102.
184          (b) An applicant shall have a Utah residence address, unless the application is for a
185     temporary CDL issued under Subsection 53-3-407(2)(b).
186          (c) An applicant shall provide evidence of lawful presence in the United States in
187     accordance with Subsection (8)(a)(ii), unless the application is for a driving privilege card.
188          (d) The division shall maintain on the division's computerized records an applicant's:
189          (i) (A) social security number;
190          (B) temporary identification number (ITIN); or

191          (C) other number assigned by the division if Subsection (8)(a)(i)(D)(IV) applies; and
192          (ii) indication whether the applicant is required to register as a sex offender in
193     accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry.
194          (9) The division shall require proof of an applicant's name, birth date, and birthplace by
195     at least one of the following means:
196          (a) current license certificate;
197          (b) birth certificate;
198          (c) Selective Service registration; or
199          (d) other proof, including church records, family Bible notations, school records, or
200     other evidence considered acceptable by the division.
201          (10) (a) Except as provided in Subsection (10)(c), if an applicant receives a license in a
202     higher class than what the applicant originally was issued:
203          (i) the license application is treated as an original application; and
204          (ii) license and endorsement fees is assessed under Section 53-3-105.
205          (b) An applicant that receives a downgraded license in a lower license class during an
206     existing license cycle that has not expired:
207          (i) may be issued a duplicate license with a lower license classification for the
208     remainder of the existing license cycle; and
209          (ii) shall be assessed a duplicate license fee under Subsection 53-3-105(25) if a
210     duplicate license is issued under Subsection (10)(b)(i).
211          (c) An applicant who has received a downgraded license in a lower license class under
212     Subsection (10)(b):
213          (i) may, when eligible, receive a duplicate license in the highest class previously issued
214     during a license cycle that has not expired for the remainder of the existing license cycle; and
215          (ii) shall be assessed a duplicate license fee under Subsection 53-3-105(25) if a
216     duplicate license is issued under Subsection (10)(c)(i).
217          (11) (a) When an application is received from an applicant previously licensed in

218     another state to drive a motor vehicle, the division shall request a copy of the driver's record
219     from the other state.
220          (b) When received, the driver's record becomes part of the driver's record in this state
221     with the same effect as though entered originally on the driver's record in this state.
222          (12) An application for reinstatement of a license after the suspension, cancellation,
223     disqualification, denial, or revocation of a previous license is accompanied by the additional
224     fee or fees specified in Section 53-3-105.
225          (13) An individual who has an appointment with the division for testing and fails to
226     keep the appointment or to cancel at least 48 hours in advance of the appointment shall pay the
227     fee under Section 53-3-105.
228          (14) An applicant who applies for an original license or renewal of a license agrees that
229     the individual's license is subject to a suspension or revocation authorized under this title or
230     Title 41, Motor Vehicles.
231          (15) (a) A licensee shall authenticate the indication of intent under Subsection (8)(a)(vi)
232     in accordance with division rule.
233          (b) (i) Notwithstanding Title 63G, Chapter 2, Government Records Access and
234     Management Act, the division may, upon request, release to an organ procurement
235     organization, as defined in Section 26-28-102, the names and addresses of all applicants who,
236     under Subsection (8)(a)(vi), indicate that they intend to make an anatomical gift.
237          (ii) An organ procurement organization may use released information only to:
238          (A) obtain additional information for an anatomical gift registry; and
239          (B) inform licensees of anatomical gift options, procedures, and benefits.
240          (16) Notwithstanding Title 63G, Chapter 2, Government Records Access and
241     Management Act, the division may release to the Department of Veterans and Military Affairs
242     the names and addresses of all applicants who indicate their status as a veteran under
243     Subsection (8)(a)(viii).
244          (17) Notwithstanding Title 63G, Chapter 2, Government Records Access and

245     Management Act, the division shall, upon request, release to the Sex and Kidnap Offender
246     Registry office in the Department of Corrections, the names and addresses of all applicants
247     who, under Subsection (8)(a)(vii), indicate they are required to register as a sex offender in
248     accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry.
249          (18) The division and its employees are not liable, as a result of false or inaccurate
250     information provided under Subsection (8)(a)(vi) or (viii), for direct or indirect:
251          (a) loss;
252          (b) detriment; or
253          (c) injury.
254          (19) An applicant who knowingly fails to provide the information required under
255     Subsection (8)(a)(vii) is guilty of a class A misdemeanor.
256          (20) A person may not hold both an unexpired Utah license certificate and an
257     unexpired identification card.
258          (21) (a) An applicant who applies for an original motorcycle endorsement to a regular
259     license certificate is exempt from the requirement to pass the knowledge and skills test to be
260     eligible for the motorcycle endorsement if the applicant:
261          (i) is a resident of the state of Utah;
262          (ii) (A) is ordered to active duty and stationed outside of Utah in any of the armed
263     forces of the United States; or
264          (B) is an immediate family member or dependent of an individual described in
265     Subsection (21)(a)(ii)(A) and is residing outside of Utah;
266          (iii) has a digitized driver license photo on file with the division;
267          (iv) provides proof to the division of the successful completion of a certified
268     Motorcycle Safety Foundation rider training course; and
269          (v) provides the necessary information and documentary evidence required under
270     Subsection (8).
271          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the

272     division shall make rules:
273          (i) establishing the procedures for an individual to obtain a motorcycle endorsement
274     under this Subsection (21); and
275          (ii) identifying the applicable restrictions for a motorcycle endorsement issued under
276     this Subsection (21).
277          Section 2. Section 53-3-210.5 is amended to read:
278          53-3-210.5. Learner permit.
279          (1) [Beginning on August 1, 2006, the] The division, upon receiving an application for
280     a learner permit, may issue a learner permit effective for [one year] 18 months to an applicant
281     who is at least 15 years [of age] old.
282          (2) (a) The learner permit entitles an applicant that is 18 years [of age] old or older to
283     operate a class D motor vehicle only if:
284          (i) a person 21 years [of age] old or older who is a licensed driver is occupying a seat
285     beside the applicant; and
286          (ii) the applicant has the learner permit in the applicant's immediate possession while
287     operating the motor vehicle.
288          (b) The learner permit entitles an applicant that is younger than 18 years [of age] old to
289     operate a class D motor vehicle only if:
290          (i) (A) an approved driving instructor is occupying a seat beside the applicant;
291          (B) the applicant's parent or legal guardian, who must be a licensed driver, is
292     occupying a seat beside the applicant; or
293          (C) a responsible adult who has signed for the applicant under Section 53-3-211 and
294     who must be a licensed driver, is occupying a seat beside the applicant; and
295          (ii) the applicant has the learner permit in the applicant's immediate possession while
296     operating the motor vehicle.
297          (3) The division shall issue a learner permit to an applicant who:
298          (a) is at least 15 years [of age] old;

299          (b) has passed the knowledge test required by the division;
300          (c) has passed the physical and mental fitness tests; and
301          (d) has submitted a nonrefundable fee for a learner permit under Section 53-3-105.
302          (4) (a) The division shall supply the learner permit form.
303          (b) The form under Subsection (4)(a) shall include:
304          (i) the applicant's full name, date of birth, sex, Utah residence address, height, weight,
305     and eye color;
306          (ii) the date of issuance and expiration of the permit; and
307          (iii) the conditions and restrictions contained in this section for operating a class D
308     motor vehicle.
309          (5) An application and fee for a learner permit entitle the applicant to:
310          (a) not more than three attempts to pass the knowledge test for a class D license within
311     one year; and
312          (b) a learner permit after the knowledge test is passed.
313          (6) (a) If an applicant has been issued a learner permit under this section or an
314     equivalent by another state or branch of the United States Armed Forces, the applicant may be
315     issued an original or provisional class D license from the division upon:
316          (i) completing a driver education course in a:
317          (A) commercial driver training school licensed under Part 5, Commercial Driver
318     Training Schools Act; or
319          (B) driver education program approved by the State Board of Education or the division;
320          (ii) passing a knowledge test approved by the division that complies with the
321     requirement of Subsection (6)(d);
322          (iii) passing the skills test approved by the division;
323          (iv) reaching 16 years [of age] old; and
324          (v) paying the nonrefundable fee for an original or provisional class D license
325     application under Section 53-3-105.

326          (b) In addition to the requirements under Subsection (6)(a), an applicant who is 17
327     years [of age] old or younger is required to hold a learner permit for six months before applying
328     for a provisional class D license.
329          (c) An applicant is exempt from the requirement under Subsection (6)(a)(i) if the
330     applicant:
331          (i) is 19 years [of age] old or older;
332          (ii) holds a learner permit for three months before applying for an original class D
333     license; and
334          (iii) certifies that the applicant, under the authority of a permit issued under this
335     chapter, has completed at least 40 hours of driving a motor vehicle, of which at least 10 hours
336     were completed during night hours after sunset.
337          (d) Fifty percent of the test questions included in the knowledge test required under
338     Subsection (6)(a)(ii) shall cover the topic of major causes of traffic related deaths as identified
339     in statistics published by the Highway Safety Office.
340          Section 3. Section 53-3-502 is amended to read:
341          53-3-502. Definitions.
342          As used in this part:
343          (1) (a) "Commercial driver training school" or "school" means a business enterprise
344     conducted by an individual, association, partnership, or corporation for the education and
345     training of persons, either practically or theoretically, or both, to:
346          (i) drive motor vehicles, including motorcycles; and
347          (ii) prepare an applicant for an examination given by the state for a license or learner
348     permit.
349          (b) A commercial driver training school may charge a consideration or tuition for the
350     services described under Subsection (1)(a).
351          (2) (a) "Commercial testing only school" means a business enterprise conducted by an
352     individual, association, partnership, or corporation that:

353          (i) is designated by the division as a commercial testing only school;
354          (ii) employs instructors who are certified by the division; and
355          (iii) engages only in testing students for the purpose of obtaining a driver license.
356          (b) A commercial testing only school may conduct behind-the-wheel or observation
357     instruction if approved by the division.
358          (c) A commercial testing only school may not engage in education or training of
359     persons, either practically or theoretically, or both to drive motor vehicles, except when:
360          (i) counseling the driver following a test in reference to errors made during the
361     administration of the test; or
362          (ii) conducting behind-the-wheel or observation instruction if approved by the division.
363          (d) A commercial testing only school may not test an individual who has completed
364     any behind-the-wheel or observation instruction through the school with which the tester is
365     employed.
366          (3) "Instructor" means a person, whether acting as an operator of a commercial driver
367     training school or for a school for compensation, who:
368          (a) teaches, conducts classes of, gives demonstrations to, or supervises practice of
369     persons learning to drive motor vehicles, including motorcycles;
370          (b) prepares persons to take an examination for a license or learner permit; or
371          (c) supervises the work of any other instructor.
372          (4) "Observation time" means a period of time during which a driver education student
373     observes another student, instructor, or road user.
374          [(4)] (5) "School operator" means a person who:
375          (a) is certified as an instructor;
376          (b) has met the requirements for school operator status as established by the division;
377          (c) is authorized or certified to operate or manage a driver training school; and
378          (d) may supervise the work of another instructor.
379          Section 4. Section 53-3-505 is amended to read:

380          53-3-505. School license -- Contents of rules.
381          (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
382     commissioner shall make rules regarding the requirements for:
383          (a) a school license, including requirements concerning:
384          (i) locations;
385          (ii) equipment;
386          (iii) courses of instruction;
387          (iv) curriculum on air quality, based on data and information provided by the Division
388     of Air Quality, including:
389          (A) instruction on ways drivers can improve air quality; and
390          (B) the harmful effects of vehicle emissions;
391          (v) instructors;
392          (vi) previous records of the school and instructors;
393          (vii) financial statements;
394          (viii) schedule of fees and charges;
395          (ix) character and reputation of the operators and instructors;
396          (x) insurance as the commissioner determines necessary to protect the interests of the
397     public; and
398          (xi) other provisions the commissioner may prescribe for the protection of the public;
399     and
400          (b) an instructor's license, including requirements concerning:
401          (i) moral character;
402          (ii) physical condition;
403          (iii) knowledge of the courses of instruction;
404          (iv) motor vehicle laws and safety principles and practices;
405          (v) previous personnel and employment records; and
406          (vi) other provisions the commissioner may prescribe for the protection of the public;

407          (c) applications for licenses; and
408          (d) minimum standards for:
409          (i) driving simulation devices that are fully interactive under Subsection
410     53-3-505.5(2)(b); and
411          (ii) driving simulation devices that are not fully interactive under Subsection
412     53-3-505.5(2)(c).
413          (2) (a) Rules made by the commissioner may not require observation time to observe
414     the instructor, another student driver, or another road user.
415          (b) The prohibition on rulemaking described in Subsection (2)(a) does not prohibit a
416     commercial driver education school or other driver education program from including
417     observation time as part of a driver education curriculum.
418          [(2)] (3) Rules made by the commissioner shall require that a commercial driver
419     training school offering motorcycle rider education meet or exceed the standards established by
420     the Motorcycle Safety Foundation.
421          [(3)] (4) Rules made by the commissioner shall require that an instructor of motorcycle
422     rider education meet or exceed the standards for certification established by the Motorcycle
423     Safety Foundation.
424          [(4)] (5) The commissioner may call upon the state superintendent of public instruction
425     for assistance in formulating appropriate rules.
426          Section 5. Section 53G-10-502 is amended to read:
427          53G-10-502. Driver education established by a local education agency.
428          (1) (a) [Local school districts] A local education agency may establish and maintain
429     driver education for pupils.
430          (b) A school or local [school district] education agency that provides driver education
431     shall provide an opportunity for each pupil enrolled in that school or local [school district]
432     education agency to take the written test when the pupil is 15 years and nine months of age.
433          (c) Notwithstanding the provisions of Subsection (1)(b), a school or local[ school

434     district] education agency that provides driver education may provide an opportunity for each
435     pupil enrolled in that school or [school district] local education agency to take the written test
436     when the pupil is 15 years of age.
437          (2) The purpose of driver education is to help develop the knowledge, attitudes, habits,
438     and skills necessary for the safe operation of motor vehicles.
439          (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
440     state board shall make rules for driver education offered in the public schools.
441          (4) The rules under Subsection (3) shall:
442          (a) require at least one hour of classroom training on the subject of railroad crossing
443     safety for each driver education pupil;
444          (b) require instruction, based on data and information provided by the Division of Air
445     Quality, on:
446          (i) ways drivers can improve air quality; and
447          (ii) the harmful effects of vehicle emissions; and
448          (c) establish minimum standards for approved driving ranges under Section
449     53-3-505.5.
450          (5) The requirements of Section 53-3-505.5 apply to any behind-the-wheel driving
451     training provided as part of driver education offered under this part and used to satisfy the
452     driver training requirement under Section 53-3-204.
453          Section 6. Section 53G-10-503 is amended to read:
454          53G-10-503. Driver education funding -- Reimbursement of a local education
455     agency for driver education class expenses -- Limitations -- Excess funds -- Student fees.
456          (1) (a) Except as provided in Subsection (1)(b), a [school district] local education
457     agency that provides driver education shall fund the program solely through:
458          (i) funds provided from the Automobile Driver Education Tax Account in the Uniform
459     School Fund as created under Section 41-1a-1205; and
460          (ii) student fees collected by each school.

461          (b) In determining the cost of driver education, a [school district] local education
462     agency may exclude:
463          (i) the full-time equivalent cost of a teacher for a driver education class taught during
464     regular school hours; and
465          (ii) classroom space and classroom maintenance.
466          (c) A [school district] local education agency may not use any additional school funds
467     beyond those allowed under Subsection (1)(b) to subsidize driver education.
468          (2) (a) The state superintendent shall, prior to September 2nd following the school year
469     during which it was expended, or may at earlier intervals during that school year, reimburse
470     each [school district] local education agency that applied for reimbursement in accordance with
471     this section.
472          (b) A [school district] local education agency that maintains driver education classes
473     that conform to this part and the rules prescribed by the state board may apply for
474     reimbursement for the actual cost of providing the behind-the-wheel and observation training
475     incidental to those classes.
476          (3) Under the state board's supervision for driver education, a [school district] local
477     education agency may:
478          (a) employ personnel who are not licensed by the state board under Section 53E-6-201;
479     or
480          (b) contract with private parties or agencies licensed under Section 53-3-504 for the
481     behind-the-wheel phase of the driver education program.
482          (4) The reimbursement amount shall be paid out of the Automobile Driver Education
483     Tax Account in the Uniform School Fund and may not exceed:
484          (a) $100 per student who has completed driver education during the school year;
485          (b) $30 per student who has only completed the classroom portion in the school during
486     the school year; or
487          (c) $70 per student who has only completed the behind-the-wheel and observation

488     portion in the school during the school year.
489          (5) If the amount of money in the account at the end of a school year is less than the
490     total of the reimbursable costs, the state superintendent shall allocate the money to each [school
491     district] local education agency in the same proportion that [its] the local education agency's
492     reimbursable costs bear to the total reimbursable costs of all [school districts] local education
493     agencies.
494          (6) If the amount of money in the account at the end of any school year is more than the
495     total of the reimbursement costs provided under Subsection (4), the state superintendent may
496     allocate the excess funds to [school districts] local education agencies:
497          (a) to reimburse each [school district] local education agency that applies for
498     reimbursement of the cost of a fee waived under Section 53G-7-504 for driver education; and
499          (b) to aid in the procurement of equipment and facilities which reduce the cost of
500     behind-the-wheel instruction.
501          (7) A local school board shall establish the student fee for driver education for the
502     [school district] local education agency. Student fees shall be reasonably associated with the
503     costs of driver education that are not otherwise covered by reimbursements and allocations
504     made under this section.
505          Section 7. Section 53G-10-506 is amended to read:
506          53G-10-506. Promoting the establishment and maintenance of classes -- Payment
507     of costs.
508          (1) The state superintendent shall promote the establishment and maintenance of driver
509     education classes in [school districts] local education agencies under rules adopted by the state
510     board.
511          (2) The state board may employ personnel and sponsor experimental programs
512     considered necessary to give full effect to this program.
513          (3) The costs of implementing this section shall be paid from the legislative
514     appropriation to the state board made from the Automobile Driver Education Tax Account in

515     the Uniform School Fund.
516          Section 8. Section 53G-10-507 is amended to read:
517          53G-10-507. Driver education teachers certified as license examiners.
518          (1) The Driver License Division of the Department of Public Safety and the state board
519     shall establish procedures and standards to certify teachers of driver education classes under
520     this part to administer written and driving tests.
521          (2) The division is the certifying authority.
522          (3) (a) A teacher certified under this section shall give written and driving tests
523     designed for driver education classes authorized under this part.
524          (b) The Driver License Division shall, in conjunction with the state board, establish
525     minimal standards for the driver education class tests that are at least as difficult as those
526     required to receive a class D operator's license under Title 53, Chapter 3, Uniform Driver
527     License Act.
528          (c) A student who passes the written test but fails the driving test given by a teacher
529     certified under this section may apply for a learner permit or class D operator's license under
530     Title 53, Chapter 3, Part 2, Driver Licensing Act, and complete the driving test at a Driver
531     License Division office.
532          (4) A student shall have a learner permit issued by the Driver License Division under
533     Section 53-3-210.5 in the student's immediate possession at all times when operating a motor
534     vehicle under this section.
535          (5) A student who successfully passes the tests given by a certified driver education
536     teacher under this section satisfies the written and driving parts of the test required for a learner
537     permit or class D operator's license.
538          (6) The Driver License Division and the state board shall establish procedures to
539     enable [school districts] a local education agency to administer or process any tests for
540     [students] a student to receive a learner permit or class D operator's license.
541          (7) The division and state board shall establish the standards and procedures required

542     under this section by rules made in accordance with Title 63G, Chapter 3, Utah Administrative
543     Rulemaking Act.
544          Section 9. Section 53G-10-508 is amended to read:
545          53G-10-508. Programs authorized -- Minimum standards.
546          (1) [Local school districts] A local education agency may:
547          (a) allow [students] a student to complete the classroom training portion of driver
548     education through home study;
549          (b) provide each parent with driver education instructional materials to assist in parent
550     involvement with driver education including behind-the-wheel driving materials;
551          (c) offer driver education outside of school hours in order to reduce the cost of
552     providing driver education;
553          (d) offer driver education through community education programs;
554          (e) offer the classroom portion of driver education in the public schools and allow the
555     student to complete the behind-the-wheel portion with a private provider:
556          (i) licensed under Section 53-3-504; and
557          (ii) not associated with the school or under contract with the school under Subsection
558     53G-10-503(3); or
559          (f) any combination of Subsections (1)(a) through (e).
560          (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
561     state board shall establish in rule minimum standards for the school-related programs under
562     Subsection (1).