Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 331 (2018GS)

Sponsor

Rep. Kennedy, M.

Final action

Governor Signed 3/19/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires the Driver License Division and the State Board of Education to each create rules requiring the development and dissemination of educational information regarding:
• ways drivers can help improve air quality; and
• the harmful effects of vehicle emissions;
• requires the educational information to be:
• based on data and information provided by the Division of Air Quality;
• provided to applicants for a driver license;
• included in the driver education curriculum of a commercial driver training school; and
• included in the curriculum of a driver education program in a public school; and
• makes technical changes.

Every vote on this bill

Bill text

AIR POLLUTION MITIGATION EDUCATION PROGRAM
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael S. Kennedy
Senate Sponsor: 
Todd Weiler
Cosponsor:
Mike Winder
LONG TITLE
General Description:
This bill requires the Driver License Division and the State Board of Education to each
create rules regarding the creation and dissemination of educational information to
students in driver education and applicants for a driver license on ways drivers can help
improve air quality and the harmful effects of vehicle emissions.
Highlighted Provisions:
This bill:
▸ requires the Driver License Division and the State Board of Education to each create
rules requiring the development and dissemination of educational information
regarding:
• ways drivers can help improve air quality; and
• the harmful effects of vehicle emissions;
▸ requires the educational information to be:
• based on data and information provided by the Division of Air Quality;
• provided to applicants for a driver license;
• included in the driver education curriculum of a commercial driver training
school; and
• included in the curriculum of a driver education program in a public school; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-3-104
, as last amended by Laws of Utah 2014, Chapter 85
53-3-505
, as last amended by Laws of Utah 2008, Chapter 382
53G-10-502
, as renumbered and amended by Laws of Utah 2018, Chapter 3
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-3-104
 is amended to read:
53-3-104.
Division duties.
The division shall:
(1) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
make rules:
(a) for examining applicants for a license, as necessary for the safety and welfare of the
traveling public;
(b) for acceptable documentation of an applicant's identity, Social Security number,
Utah resident status, Utah residence address, proof of legal presence, proof of citizenship in the
United States, honorable or general discharge from the United States military, and other proof
or documentation required under this chapter;
(c) regarding the restrictions to be imposed on a person driving a motor vehicle with a
temporary learner permit or learner permit;
(d) for exemptions from licensing requirements as authorized in this chapter; [
and
]
(e) establishing procedures for the storage and maintenance of applicant information
provided in accordance with Section 
53-3-205
, 
53-3-410
, or 
53-3-804
; 
and
(f) to provide educational information to each applicant for a license, which
information shall be based on data provided by the Division of Air Quality, including:
(i) ways drivers can improve air quality; and
(ii) the harmful effects of vehicle emissions;
(2) examine each applicant according to the class of license applied for;
(3) license motor vehicle drivers;
(4) file every application for a license received by it and shall maintain indices
containing:
(a) all applications denied and the reason each was denied;
(b) all applications granted; and
(c) the name of every licensee whose license has been suspended, disqualified, or
revoked by the division and the reasons for the action;
(5) suspend, revoke, disqualify, cancel, or deny any license issued in accordance with
this chapter;
(6) file all accident reports and abstracts of court records of convictions received by it
under state law;
(7) maintain a record of each licensee showing the licensee's convictions and the traffic
accidents in which the licensee has been involved where a conviction has resulted;
(8) consider the record of a licensee upon an application for renewal of a license and at
other appropriate times;
(9) search the license files, compile, and furnish a report on the driving record of any
person licensed in the state in accordance with Section 
53-3-109
;
(10) develop and implement a record system as required by Section 
41-6a-604
;
(11) in accordance with Section 
53A-13-208
, establish:
(a) procedures and standards to certify teachers of driver education classes to
administer knowledge and skills tests;
(b) minimal standards for the tests; and
(c) procedures to enable school districts to administer or process any tests for students
to receive a class D operator's license;
(12) in accordance with Section 
53-3-510
, establish:
(a) procedures and standards to certify licensed instructors of commercial driver
training school courses to administer the skills test;
(b) minimal standards for the test; and
(c) procedures to enable licensed commercial driver training schools to administer or
process skills tests for students to receive a class D operator's license;
(13) provide administrative support to the Driver License Medical Advisory Board
created in Section 
53-3-303
;
(14) upon request by the lieutenant governor, provide the lieutenant governor with a
digital copy of the driver license or identification card signature of a person who is an applicant
for voter registration under Section 
20A-2-206
; and
(15) in accordance with Section 
53-3-407.1
, establish:
(a) procedures and standards to license a commercial driver license third party tester or
commercial driver license third party examiner to administer the commercial driver license
skills tests;
(b) minimum standards for the commercial driver license skills test; and
(c) procedures to enable a licensed commercial driver license third party tester or
commercial driver license third party examiner to administer a commercial driver license skills
test for an applicant to receive a commercial driver license.
Section 2. Section 
53-3-505
 is amended to read:
53-3-505.
School license -- Contents of rules.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commissioner shall make rules regarding the requirements for:
(a) a school license, including requirements concerning:
(i) locations;
(ii) equipment;
(iii) courses of instruction;
(iv) curriculum on air quality, based on data and information provided by the Division
of Air Quality, including:
(A) instruction on ways drivers can improve air quality; and
(B) the harmful effects of vehicle emissions;
[
(iv)
] 
(v)
 instructors;
[
(v)
] 
(vi)
 previous records of the school and instructors;
[
(vi)
] 
(vii)
 financial statements;
[
(vii)
] 
(viii)
 schedule of fees and charges;
[
(viii)
] 
(ix)
 character and reputation of the operators and instructors;
[
(ix)
] 
(x)
 insurance as the commissioner determines necessary to protect the interests of
the public; and
[
(x)
] 
(xi)
 other provisions the commissioner may prescribe for the protection of the
public; and
(b) an instructor's license, including requirements concerning:
(i) moral character;
(ii) physical condition;
(iii) knowledge of the courses of instruction;
(iv) motor vehicle laws and safety principles and practices;
(v) previous personnel and employment records; and
(vi) other provisions the commissioner may prescribe for the protection of the public;
(c) applications for licenses; and
(d) minimum standards for:
(i) driving simulation devices that are fully interactive under Subsection
53-3-505.5
(2)(b); and
(ii) driving simulation devices that are not fully interactive under Subsection
53-3-505.5
(2)(c).
(2) Rules made by the commissioner shall require that a commercial driver training
school offering motorcycle rider education meet or exceed the standards established by the
Motorcycle Safety Foundation.
(3) Rules made by the commissioner shall require that an instructor of motorcycle rider
education meet or exceed the standards for certification established by the Motorcycle Safety
Foundation.
(4) The commissioner may call upon the state superintendent of public instruction for
assistance in formulating appropriate rules.
Section 3. Section 
53G-10-502
 is amended to read:
53G-10-502.
Driver education established by school districts.
(1) As used in this part:
(a) "Driver education" includes classroom instruction and driving and observation in a
dual-controlled motor vehicle.
(b) "Driving" or "behind-the-wheel driving" means operating a dual-controlled motor
vehicle under the supervision of a certified instructor.
(2) (a) Local school districts may establish and maintain driver education for pupils.
(b) A school or local school district that provides driver education shall provide an
opportunity for each pupil enrolled in that school or local school district to take the written test
when the pupil is 15 years and nine months of age.
(c) Notwithstanding the provisions of Subsection (2)(b), a school or local school
district that provides driver education may provide an opportunity for each pupil enrolled in
that school or school district to take the written test when the pupil is 15 years of age.
(3) The purpose of driver education is to help develop the knowledge, attitudes, habits,
and skills necessary for the safe operation of motor vehicles.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
State Board of Education shall make rules for driver education offered in the public schools.
(5) The rules under Subsection (4) shall:
(a) require at least one hour of classroom training on the subject of railroad crossing
safety for each driver education pupil; [
and
]
(b) require instruction, based on data and information provided by the Division of Air
Quality, on:
(i) ways drivers can improve air quality; and
(ii) the harmful effects of vehicle emissions; and
[
(b)
] 
(c)
 establish minimum standards for approved driving ranges under Section
53-3-505.5
.
(6) The requirements of Section 
53-3-505.5
 apply to any behind-the-wheel driving
training provided as part of driver education offered under this part and used to satisfy the
driver training requirement under Section 
53-3-204
.