Representative Gay Lynn Bennion proposes the following substitute bill:


1     
DRIVER LICENSE TEST AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Gay Lynn Bennion

5     
Senate Sponsor: David P. Hinkins

6     

7     LONG TITLE
8     General Description:
9          This bill requires the Driver License Division to begin administering certain
10     examinations in languages other than English.
11     Highlighted Provisions:
12          This bill:
13          ▸     allows the Driver License Division to begin administering certain examinations in
14     languages other than English;
15          ▸     allows an individual to take certain driver license examinations in their preferred
16     language, based on availability, for their initial application and first renewal
17     application for a driver license;
18          ▸     allows a translator for certain driver license examinations in certain circumstances;
19          ▸     requires a report from the Driver License Division to the Transportation Interim
20     Committee; and
21          ▸     makes technical changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:
28          53-3-206, as last amended by Laws of Utah 2018, Chapter 128
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 53-3-206 is amended to read:
32          53-3-206. Examination of applicant's physical and mental fitness to drive a motor
33     vehicle.
34          (1) The division shall examine every applicant for a license, including a test of the
35     applicant's:
36          (a) eyesight either:
37          (i) by the division; or
38          (ii) by allowing the applicant to furnish to the division a statement from a physician
39     licensed under Title 58, Chapter 67, Utah Medical Practice Act, or an optometrist licensed
40     under Title 58, Chapter 16a, Utah Optometry Practice Act;
41          (b) ability to read and understand highway signs regulating, warning, and directing
42     traffic;
43          (c) ability to read and understand simple English used in highway traffic and
44     directional signs;
45          (d) knowledge of the state traffic laws;
46          (e) other physical and mental abilities the division finds necessary to determine the
47     applicant's fitness to drive a motor vehicle safely on the highways; and
48          (f) ability to exercise ordinary and responsible control driving a motor vehicle, as
49     determined by actual demonstration or other indicator.
50          (2) (a) [Notwithstanding] Subject to Subsection (2)(d), and notwithstanding the
51     provisions of Subsection (1) or any other provision of law, the division shall allow [a refugee
52     or an approved asylee] an individual to take an examination of the person's knowledge of the
53     state traffic laws in the person's [native] preferred language, or with a translator as described in
54     Subsection (2)(d)(ii):
55          (i) the first time the person applies for [a limited-term license certificate] a class D
56     license certificate, except for a driving privilege card issued or renewed under Section
57     53-3-207; and
58          (ii) the first time the person applies for a renewal of [a limited-term license certificate]
59     a class D license certificate, except for a driving privilege card issued or renewed under Section
60     53-3-207.
61          (b) Upon the second renewal of [a refugee's or approved asylee's limited-term] an
62     individual's class D license certificate for [a refugee or approved asylee] an individual that has
63     taken the knowledge exam in the person's [native] preferred language under Subsection (2)(a),
64     the division shall re-examine the person's knowledge of the state traffic laws in English.
65          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
66     division shall make rules establishing the procedures and requirements for [a refugee or an
67     approved asylee] an individual to take an examination of the person's knowledge of the state
68     traffic laws in the person's [native] preferred language or with the assistance of a translator.
69          (d) (i) Beginning on July 1, 2022, for a class D license certificate, except for a driving
70     privilege card issued under Section 53-3-207, the division shall administer the written
71     knowledge examination in as many languages as reasonably possible given budgetary and other
72     constraints.
73          (ii) If the division is unable to administer the written knowledge examination in a
74     particular language, an individual may take an examination with the assistance of a translator
75     approved by the division.
76          (iii) If an individual takes the examination with the assistance of a translator, the
77     individual is responsible for the costs of the translator.
78          (e) In order to provide the services described in Subsection (2)(d)(i), the division may
79     contract with a private vendor to provide the translation services or technology.
80          (3) The division shall determine whether any facts exist that would bar granting a
81     license under Section 53-3-204.
82          (4) The division shall examine each applicant according to the class of license applied
83     for.
84          (5) An applicant for a CDL shall meet all additional requirements of Part 4, Uniform
85     Commercial Driver License Act, of this chapter.
86          (6) The division shall provide a report to the Transportation Interim Committee on or
87     before October 1, 2022, regarding the written knowledge examination in languages other than
88     English, including:
89          (a) costs associated with the program;
90          (b) the number of languages provided;
91          (c) the likelihood of adding additional languages in the future; and
92          (d) other information the division finds relevant.