Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 18 First Substitute (2021GS)

Sponsor

Rep. Ballard, M.G.

Final action

Governor Signed 3/17/2021

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• extends the term of a learner permit from one year to 18 months;
• changes identifying information required on a driver license application to include "sex" instead of "gender";
• removes certain references to a "school district" and replaces that term with "local education agency" to ensure that Utah Schools for the Deaf and the Blind receive funding and resources for driver education;
• prohibits rules requiring driver education observation hours; and
• makes technical changes.

Every vote on this bill

Bill text

DRIVER EDUCATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Melissa G. Ballard
Senate Sponsor: 
David G. Buxton
LONG TITLE
General Description:
This bill amends provisions related to driver education requirements and driver
licenses.
Highlighted Provisions:
This bill:
▸ extends the term of a learner permit from one year to 18 months;
▸ changes identifying information required on a driver license application to include
"sex" instead of "gender";
▸ removes certain references to a "school district" and replaces that term with "local
education agency" to ensure that Utah Schools for the Deaf and the Blind receive
funding and resources for driver education;
▸ prohibits rules requiring driver education observation hours; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53-3-205
, as last amended by Laws of Utah 2019, Chapters 381 and 382
53-3-210.5
, as last amended by Laws of Utah 2015, Chapter 207
53-3-502
, as last amended by Laws of Utah 2006, Chapter 266
53-3-505
, as last amended by Laws of Utah 2018, Chapter 233
53G-10-502
, as last amended by Laws of Utah 2020, Chapter 408
53G-10-503
, as last amended by Laws of Utah 2019, Chapters 293 and 325
53G-10-506
, as last amended by Laws of Utah 2019, Chapter 293
53G-10-507
, as last amended by Laws of Utah 2020, Chapter 408
53G-10-508
, as last amended by Laws of Utah 2020, Chapter 408
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
53-3-205
 is amended to read:
53-3-205.
Application for license or endorsement -- Fee required -- Tests --
Expiration dates of licenses and endorsements -- Information required -- Previous
licenses surrendered -- Driving record transferred from other states -- Reinstatement --
Fee required -- License agreement.
(1) An application for an original license, provisional license, or endorsement shall be:
(a) made upon a form furnished by the division; and
(b) accompanied by a nonrefundable fee set under Section 
53-3-105
.
(2) An application and fee for an original provisional class D license or an original
class D license entitle the applicant to:
(a) not more than three attempts to pass both the knowledge and the skills tests for a
class D license within six months after the date of the application;
(b) a learner permit if needed pending completion of the application and testing
process; and
(c) an original class D license and license certificate after all tests are passed and
requirements are completed.
(3) An application and fee for a motorcycle or taxicab endorsement entitle the
applicant to:
(a) not more than three attempts to pass both the knowledge and skills tests within six
months after the date of the application;
(b) a motorcycle learner permit after the motorcycle knowledge test is passed; and
(c) a motorcycle or taxicab endorsement when all tests are passed.
(4) An application for a commercial class A, B, or C license entitles the applicant to:
(a) not more than two attempts to pass a knowledge test when accompanied by the fee
provided in Subsection 
53-3-105
(18);
(b) not more than two attempts to pass a skills test when accompanied by a fee in
Subsection 
53-3-105
(19) within six months after the date of application;
(c) both a commercial driver instruction permit and a temporary license permit for the
license class held before the applicant submits the application if needed after the knowledge
test is passed; and
(d) an original commercial class A, B, or C license and license certificate when all
applicable tests are passed.
(5) An application and fee for a CDL endorsement entitle the applicant to:
(a) not more than two attempts to pass a knowledge test and not more than two
attempts to pass a skills test within six months after the date of the application; and
(b) a CDL endorsement when all tests are passed.
(6) (a) If a CDL applicant does not pass a knowledge test, skills test, or an endorsement
test within the number of attempts provided in Subsection (4) or (5), each test may be taken
two additional times within the six months for the fee provided in Section 
53-3-105
.
(b) (i) Beginning July 1, 2015, an out-of-state resident who holds a valid CDIP issued
by a state or jurisdiction that is compliant with 49 C.F.R. Part 383 may take a skills test
administered by the division if the out-of-state resident pays the fee provided in Subsection
53-3-105
(19).
(ii) The division shall:
(A) electronically transmit skills test results for an out-of-state resident to the licensing
agency in the state or jurisdiction in which the out-of-state resident has obtained a valid CDIP;
and
(B) provide the out-of-state resident with documentary evidence upon successful
completion of the skills test.
(7) (a) (i) Except as provided under Subsections (7)(a)(ii), (f), and (g), an original class
D license expires on the birth date of the applicant in the eighth year after the year the license
certificate was issued.
(ii) An original provisional class D license expires on the birth date of the applicant in
the fifth year following the year the license certificate was issued.
(iii) Except as provided in Subsection (7)(f), a limited term class D license expires on
the birth date of the applicant in the fifth year the license certificate was issued.
(b) Except as provided under Subsections (7)(f) and (g), a renewal or an extension to a
license expires on the birth date of the licensee in the eighth year after the expiration date of the
license certificate renewed or extended.
(c) Except as provided under Subsections (7)(f) and (g), a duplicate license expires on
the same date as the last license certificate issued.
(d) An endorsement to a license expires on the same date as the license certificate
regardless of the date the endorsement was granted.
(e) (i) A regular license certificate and an endorsement to the regular license certificate
held by an individual described in Subsection (7)(e)(ii), that expires during the time period the
individual is stationed outside of the state, is valid until 90 days after the individual's orders are
terminated, the individual is discharged, or the individual's assignment is changed or
terminated, unless:
(A) the license is suspended, disqualified, denied, or has been cancelled or revoked by
the division; or
(B) the licensee updates the information or photograph on the license certificate.
(ii) The provisions in Subsection (7)(e)(i) apply to an individual:
(A) ordered to active duty and stationed outside of Utah in any of the armed forces of
the United States;
(B) who is an immediate family member or dependent of an individual described in
Subsection (7)(e)(ii)(A) and is residing outside of Utah;
(C) who is a civilian employee of the United States State Department or United States
Department of Defense and is stationed outside of the United States; or
(D) who is an immediate family member or dependent of an individual described in
Subsection (7)(e)(ii)(C) and is residing outside of the United States.
(f) (i) Except as provided in Subsection (7)(f)(ii), a limited-term license certificate or a
renewal to a limited-term license certificate expires:
(A) on the expiration date of the period of time of the individual's authorized stay in
the United States or on the date provided under this Subsection (7), whichever is sooner; or
(B) on the date of issuance in the first year following the year that the limited-term
license certificate was issued if there is no definite end to the individual's period of authorized
stay.
(ii) A limited-term license certificate or a renewal to a limited-term license certificate
issued to an approved asylee or a refugee expires on the birth date of the applicant in the fifth
year following the year that the limited-term license certificate was issued.
(g) A driving privilege card issued or renewed under Section 
53-3-207
 expires on the
birth date of the applicant in the first year following the year that the driving privilege card was
issued or renewed.
(8) (a) In addition to the information required by Title 63G, Chapter 4, Administrative
Procedures Act, for requests for agency action, an applicant shall:
(i) provide:
(A) the applicant's full legal name;
(B) the applicant's birth date;
(C) the applicant's [
gender
] 
sex
;
(D) (I) documentary evidence of the applicant's valid social security number;
(II) written proof that the applicant is ineligible to receive a social security number;
(III) the applicant's temporary identification number (ITIN) issued by the Internal
Revenue Service for an individual who:
(Aa) does not qualify for a social security number; and
(Bb) is applying for a driving privilege card; or
(IV) other documentary evidence approved by the division;
(E) the applicant's Utah residence address as documented by a form or forms
acceptable under rules made by the division under Section 
53-3-104
, unless the application is
for a temporary CDL issued under Subsection 
53-3-407
(2)(b); and
(F) fingerprints and a photograph in accordance with Section 
53-3-205.5
 if the
applicant is applying for a driving privilege card;
(ii) provide evidence of the applicant's lawful presence in the United States by
providing documentary evidence:
(A) that the applicant is:
(I) a United States citizen;
(II) a United States national; or
(III) a legal permanent resident alien; or
(B) of the applicant's:
(I) unexpired immigrant or nonimmigrant visa status for admission into the United
States;
(II) pending or approved application for asylum in the United States;
(III) admission into the United States as a refugee;
(IV) pending or approved application for temporary protected status in the United
States;
(V) approved deferred action status;
(VI) pending application for adjustment of status to legal permanent resident or
conditional resident; or
(VII) conditional permanent resident alien status;
(iii) provide a description of the applicant;
(iv) state whether the applicant has previously been licensed to drive a motor vehicle
and, if so, when and by what state or country;
(v) state whether the applicant has ever had a license suspended, cancelled, revoked,
disqualified, or denied in the last 10 years, or whether the applicant has ever had a license
application refused, and if so, the date of and reason for the suspension, cancellation,
revocation, disqualification, denial, or refusal;
(vi) state whether the applicant intends to make an anatomical gift under Title 26,
Chapter 28, Revised Uniform Anatomical Gift Act, in compliance with Subsection (15);
(vii) state whether the applicant is required to register as a sex offender in accordance
with Title 77, Chapter 41, Sex and Kidnap Offender Registry;
(viii) state whether the applicant is a veteran of the United States military, provide
verification that the applicant was granted an honorable or general discharge from the United
States Armed Forces, and state whether the applicant does or does not authorize sharing the
information with the Department of Veterans and Military Affairs;
(ix) provide all other information the division requires; and
(x) sign the application which signature may include an electronic signature as defined
in Section 
46-4-102
.
(b) An applicant shall have a Utah residence address, unless the application is for a
temporary CDL issued under Subsection 
53-3-407
(2)(b).
(c) An applicant shall provide evidence of lawful presence in the United States in
accordance with Subsection (8)(a)(ii), unless the application is for a driving privilege card.
(d) The division shall maintain on the division's computerized records an applicant's:
(i) (A) social security number;
(B) temporary identification number (ITIN); or
(C) other number assigned by the division if Subsection (8)(a)(i)(D)(IV) applies; and
(ii) indication whether the applicant is required to register as a sex offender in
accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry.
(9) The division shall require proof of an applicant's name, birth date, and birthplace by
at least one of the following means:
(a) current license certificate;
(b) birth certificate;
(c) Selective Service registration; or
(d) other proof, including church records, family Bible notations, school records, or
other evidence considered acceptable by the division.
(10) (a) Except as provided in Subsection (10)(c), if an applicant receives a license in a
higher class than what the applicant originally was issued:
(i) the license application is treated as an original application; and
(ii) license and endorsement fees is assessed under Section 
53-3-105
.
(b) An applicant that receives a downgraded license in a lower license class during an
existing license cycle that has not expired:
(i) may be issued a duplicate license with a lower license classification for the
remainder of the existing license cycle; and
(ii) shall be assessed a duplicate license fee under Subsection 
53-3-105
(25) if a
duplicate license is issued under Subsection (10)(b)(i).
(c) An applicant who has received a downgraded license in a lower license class under
Subsection (10)(b):
(i) may, when eligible, receive a duplicate license in the highest class previously issued
during a license cycle that has not expired for the remainder of the existing license cycle; and
(ii) shall be assessed a duplicate license fee under Subsection 
53-3-105
(25) if a
duplicate license is issued under Subsection (10)(c)(i).
(11) (a) When an application is received from an applicant previously licensed in
another state to drive a motor vehicle, the division shall request a copy of the driver's record
from the other state.
(b) When received, the driver's record becomes part of the driver's record in this state
with the same effect as though entered originally on the driver's record in this state.
(12) An application for reinstatement of a license after the suspension, cancellation,
disqualification, denial, or revocation of a previous license is accompanied by the additional
fee or fees specified in Section 
53-3-105
.
(13) An individual who has an appointment with the division for testing and fails to
keep the appointment or to cancel at least 48 hours in advance of the appointment shall pay the
fee under Section 
53-3-105
.
(14) An applicant who applies for an original license or renewal of a license agrees that
the individual's license is subject to a suspension or revocation authorized under this title or
Title 41, Motor Vehicles.
(15) (a) A licensee shall authenticate the indication of intent under Subsection (8)(a)(vi)
in accordance with division rule.
(b) (i) Notwithstanding Title 63G, Chapter 2, Government Records Access and
Management Act, the division may, upon request, release to an organ procurement
organization, as defined in Section 
26-28-102
, the names and addresses of all applicants who,
under Subsection (8)(a)(vi), indicate that they intend to make an anatomical gift.
(ii) An organ procurement organization may use released information only to:
(A) obtain additional information for an anatomical gift registry; and
(B) inform licensees of anatomical gift options, procedures, and benefits.
(16) Notwithstanding Title 63G, Chapter 2, Government Records Access and
Management Act, the division may release to the Department of Veterans and Military Affairs
the names and addresses of all applicants who indicate their status as a veteran under
Subsection (8)(a)(viii).
(17) Notwithstanding Title 63G, Chapter 2, Government Records Access and
Management Act, the division shall, upon request, release to the Sex and Kidnap Offender
Registry office in the Department of Corrections, the names and addresses of all applicants
who, under Subsection (8)(a)(vii), indicate they are required to register as a sex offender in
accordance with Title 77, Chapter 41, Sex and Kidnap Offender Registry.
(18) The division and its employees are not liable, as a result of false or inaccurate
information provided under Subsection (8)(a)(vi) or (viii), for direct or indirect:
(a) loss;
(b) detriment; or
(c) injury.
(19) An applicant who knowingly fails to provide the information required under
Subsection (8)(a)(vii) is guilty of a class A misdemeanor.
(20) A person may not hold both an unexpired Utah license certificate and an
unexpired identification card.
(21) (a) An applicant who applies for an original motorcycle endorsement to a regular
license certificate is exempt from the requirement to pass the knowledge and skills test to be
eligible for the motorcycle endorsement if the applicant:
(i) is a resident of the state of Utah;
(ii) (A) is ordered to active duty and stationed outside of Utah in any of the armed
forces of the United States; or
(B) is an immediate family member or dependent of an individual described in
Subsection (21)(a)(ii)(A) and is residing outside of Utah;
(iii) has a digitized driver license photo on file with the division;
(iv) provides proof to the division of the successful completion of a certified
Motorcycle Safety Foundation rider training course; and
(v) provides the necessary information and documentary evidence required under
Subsection (8).
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division shall make rules:
(i) establishing the procedures for an individual to obtain a motorcycle endorsement
under this Subsection (21); and
(ii) identifying the applicable restrictions for a motorcycle endorsement issued under
this Subsection (21).
Section 2. Section 
53-3-210.5
 is amended to read:
53-3-210.5.
Learner permit.
(1) [
Beginning on August 1, 2006, the
] 
The
 division, upon receiving an application for
a learner permit, may issue a learner permit effective for [
one year
] 
months
 to an applicant
who is at least 15 years [
of age
] 
old
.
(2) (a) The learner permit entitles an applicant that is 18 years [
of age
] 
old
 or older to
operate a class D motor vehicle only if:
(i) a person 21 years [
of age
] 
old
 or older who is a licensed driver is occupying a seat
beside the applicant; and
(ii) the applicant has the learner permit in the applicant's immediate possession while
operating the motor vehicle.
(b) The learner permit entitles an applicant that is younger than 18 years [
of age
] 
old
 to
operate a class D motor vehicle only if:
(i) (A) an approved driving instructor is occupying a seat beside the applicant;
(B) the applicant's parent or legal guardian, who must be a licensed driver, is
occupying a seat beside the applicant; or
(C) a responsible adult who has signed for the applicant under Section 
53-3-211
 and
who must be a licensed driver, is occupying a seat beside the applicant; and
(ii) the applicant has the learner permit in the applicant's immediate possession while
operating the motor vehicle.
(3) The division shall issue a learner permit to an applicant who:
(a) is at least 15 years [
of age
] 
old
;
(b) has passed the knowledge test required by the division;
(c) has passed the physical and mental fitness tests; and
(d) has submitted a nonrefundable fee for a learner permit under Section 
53-3-105
.
(4) (a) The division shall supply the learner permit form.
(b) The form under Subsection (4)(a) shall include:
(i) the applicant's full name, date of birth, sex, Utah residence address, height, weight,
and eye color;
(ii) the date of issuance and expiration of the permit; and
(iii) the conditions and restrictions contained in this section for operating a class D
motor vehicle.
(5) An application and fee for a learner permit entitle the applicant to:
(a) not more than three attempts to pass the knowledge test for a class D license within
one year; and
(b) a learner permit after the knowledge test is passed.
(6) (a) If an applicant has been issued a learner permit under this section or an
equivalent by another state or branch of the United States Armed Forces, the applicant may be
issued an original or provisional class D license from the division upon:
(i) completing a driver education course in a:
(A) commercial driver training school licensed under Part 5, Commercial Driver
Training Schools Act; or
(B) driver education program approved by the State Board of Education or the division;
(ii) passing a knowledge test approved by the division that complies with the
requirement of Subsection (6)(d);
(iii) passing the skills test approved by the division;
(iv) reaching 16 years [
of age
] 
old
; and
(v) paying the nonrefundable fee for an original or provisional class D license
application under Section 
53-3-105
.
(b) In addition to the requirements under Subsection (6)(a), an applicant who is 17
years [
of age
] 
old
 or younger is required to hold a learner permit for six months before applying
for a provisional class D license.
(c) An applicant is exempt from the requirement under Subsection (6)(a)(i) if the
applicant:
(i) is 19 years [
of age
] 
old
 or older;
(ii) holds a learner permit for three months before applying for an original class D
license; and
(iii) certifies that the applicant, under the authority of a permit issued under this
chapter, has completed at least 40 hours of driving a motor vehicle, of which at least 10 hours
were completed during night hours after sunset.
(d) Fifty percent of the test questions included in the knowledge test required under
Subsection (6)(a)(ii) shall cover the topic of major causes of traffic related deaths as identified
in statistics published by the Highway Safety Office.
Section 3. Section 
53-3-502
 is amended to read:
53-3-502.
Definitions.
As used in this part:
(1) (a) "Commercial driver training school" or "school" means a business enterprise
conducted by an individual, association, partnership, or corporation for the education and
training of persons, either practically or theoretically, or both, to:
(i) drive motor vehicles, including motorcycles; and
(ii) prepare an applicant for an examination given by the state for a license or learner
permit.
(b) A commercial driver training school may charge a consideration or tuition for the
services described under Subsection (1)(a).
(2) (a) "Commercial testing only school" means a business enterprise conducted by an
individual, association, partnership, or corporation that:
(i) is designated by the division as a commercial testing only school;
(ii) employs instructors who are certified by the division; and
(iii) engages only in testing students for the purpose of obtaining a driver license.
(b) A commercial testing only school may conduct behind-the-wheel or observation
instruction if approved by the division.
(c) A commercial testing only school may not engage in education or training of
persons, either practically or theoretically, or both to drive motor vehicles, except when:
(i) counseling the driver following a test in reference to errors made during the
administration of the test; or
(ii) conducting behind-the-wheel or observation instruction if approved by the division.
(d) A commercial testing only school may not test an individual who has completed
any behind-the-wheel or observation instruction through the school with which the tester is
employed.
(3) "Instructor" means a person, whether acting as an operator of a commercial driver
training school or for a school for compensation, who:
(a) teaches, conducts classes of, gives demonstrations to, or supervises practice of
persons learning to drive motor vehicles, including motorcycles;
(b) prepares persons to take an examination for a license or learner permit; or
(c) supervises the work of any other instructor.
(4) "Observation time" means a period of time during which a driver education student
observes another student, instructor, or road user.
[
(4)
] 
(5)
 "School operator" means a person who:
(a) is certified as an instructor;
(b) has met the requirements for school operator status as established by the division;
(c) is authorized or certified to operate or manage a driver training school; and
(d) may supervise the work of another instructor.
Section 4. 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;
(v) instructors;
(vi) previous records of the school and instructors;
(vii) financial statements;
(viii) schedule of fees and charges;
(ix) character and reputation of the operators and instructors;
(x) insurance as the commissioner determines necessary to protect the interests of the
public; and
(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) (a) Rules made by the commissioner may not require observation time to observe
the instructor, another student driver, or another road user.
(b) The prohibition on rulemaking described in Subsection (2)(a) does not prohibit a
commercial driver education school or other driver education program from including
observation time as part of a driver education curriculum.
[
(2)
] 
(3)
 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)
] 
(4)
 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)
] 
(5)
 The commissioner may call upon the state superintendent of public instruction
for assistance in formulating appropriate rules.
Section 5. Section 
53G-10-502
 is amended to read:
53G-10-502.
Driver education established by a local education agency.
(1) (a) [
Local school districts
] 
A local education agency
 may establish and maintain
driver education for pupils.
(b) A school or local [
school district
] 
education agency
 that provides driver education
shall provide an opportunity for each pupil enrolled in that school or local [
school district
]
education agency
 to take the written test when the pupil is 15 years and nine months of age.
(c) Notwithstanding the provisions of Subsection (1)(b), a school or local[
 school
district
] 
education agency
 that provides driver education may provide an opportunity for each
pupil enrolled in that school or [
school district
] 
local education agency
 to take the written test
when the pupil is 15 years of age.
(2) The purpose of driver education is to help develop the knowledge, attitudes, habits,
and skills necessary for the safe operation of motor vehicles.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
state board shall make rules for driver education offered in the public schools.
(4) The rules under Subsection (3) shall:
(a) require at least one hour of classroom training on the subject of railroad crossing
safety for each driver education pupil;
(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
(c) establish minimum standards for approved driving ranges under Section
53-3-505.5
.
(5) 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
.
Section 6. Section 
53G-10-503
 is amended to read:
53G-10-503.
Driver education funding -- Reimbursement of a local education
agency for driver education class expenses -- Limitations -- Excess funds -- Student fees.
(1) (a) Except as provided in Subsection (1)(b), a [
school district
] 
local education
agency
 that provides driver education shall fund the program solely through:
(i) funds provided from the Automobile Driver Education Tax Account in the Uniform
School Fund as created under Section 
41-1a-1205
; and
(ii) student fees collected by each school.
(b) In determining the cost of driver education, a [
school district
] 
local education
agency
 may exclude:
(i) the full-time equivalent cost of a teacher for a driver education class taught during
regular school hours; and
(ii) classroom space and classroom maintenance.
(c) A [
school district
] 
local education agency
 may not use any additional school funds
beyond those allowed under Subsection (1)(b) to subsidize driver education.
(2) (a) The state superintendent shall, prior to September 2nd following the school year
during which it was expended, or may at earlier intervals during that school year, reimburse
each [
school district
] 
local education agency
 that applied for reimbursement in accordance with
this section.
(b) A [
school district
] 
local education agency
 that maintains driver education classes
that conform to this part and the rules prescribed by the state board may apply for
reimbursement for the actual cost of providing the behind-the-wheel and observation training
incidental to those classes.
(3) Under the state board's supervision for driver education, a [
school district
] 
local
education agency
 may:
(a) employ personnel who are not licensed by the state board under Section 
53E-6-201
;
or
(b) contract with private parties or agencies licensed under Section 
53-3-504
 for the
behind-the-wheel phase of the driver education program.
(4) The reimbursement amount shall be paid out of the Automobile Driver Education
Tax Account in the Uniform School Fund and may not exceed:
(a) $100 per student who has completed driver education during the school year;
(b) $30 per student who has only completed the classroom portion in the school during
the school year; or
(c) $70 per student who has only completed the behind-the-wheel and observation
portion in the school during the school year.
(5) If the amount of money in the account at the end of a school year is less than the
total of the reimbursable costs, the state superintendent shall allocate the money to each [
school
district
] 
local education agency
 in the same proportion that [
its
] 
the local education agency's
reimbursable costs bear to the total reimbursable costs of all [
school districts
] 
local education
agencies
.
(6) If the amount of money in the account at the end of any school year is more than the
total of the reimbursement costs provided under Subsection (4), the state superintendent may
allocate the excess funds to [
school districts
] 
local education agencies
:
(a) to reimburse each [
school district
] 
local education agency
 that applies for
reimbursement of the cost of a fee waived under Section 
53G-7-504
 for driver education; and
(b) to aid in the procurement of equipment and facilities which reduce the cost of
behind-the-wheel instruction.
(7) A local school board shall establish the student fee for driver education for the
[
school district
] 
local education agency
. Student fees shall be reasonably associated with the
costs of driver education that are not otherwise covered by reimbursements and allocations
made under this section.
Section 7. Section 
53G-10-506
 is amended to read:
53G-10-506.
Promoting the establishment and maintenance of classes -- Payment
of costs.
(1) The state superintendent shall promote the establishment and maintenance of driver
education classes in [
school districts
] 
local education agencies
 under rules adopted by the state
board.
(2) The state board may employ personnel and sponsor experimental programs
considered necessary to give full effect to this program.
(3) The costs of implementing this section shall be paid from the legislative
appropriation to the state board made from the Automobile Driver Education Tax Account in
the Uniform School Fund.
Section 8. Section 
53G-10-507
 is amended to read:
53G-10-507.
Driver education teachers certified as license examiners.
(1) The Driver License Division of the Department of Public Safety and the state board
shall establish procedures and standards to certify teachers of driver education classes under
this part to administer written and driving tests.
(2) The division is the certifying authority.
(3) (a) A teacher certified under this section shall give written and driving tests
designed for driver education classes authorized under this part.
(b) The Driver License Division shall, in conjunction with the state board, establish
minimal standards for the driver education class tests that are at least as difficult as those
required to receive a class D operator's license under Title 53, Chapter 3, Uniform Driver
License Act.
(c) A student who passes the written test but fails the driving test given by a teacher
certified under this section may apply for a learner permit or class D operator's license under
Title 53, Chapter 3, Part 2, Driver Licensing Act, and complete the driving test at a Driver
License Division office.
(4) A student shall have a learner permit issued by the Driver License Division under
Section 
53-3-210.5
 in the student's immediate possession at all times when operating a motor
vehicle under this section.
(5) A student who successfully passes the tests given by a certified driver education
teacher under this section satisfies the written and driving parts of the test required for a learner
permit or class D operator's license.
(6) The Driver License Division and the state board shall establish procedures to
enable [
school districts
] 
a local education agency
 to administer or process any tests for
[
students
] 
a student
 to receive a learner permit or class D operator's license.
(7) The division and state board shall establish the standards and procedures required
under this section by rules made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
Section 9. Section 
53G-10-508
 is amended to read:
53G-10-508.
 Programs authorized -- Minimum standards.
(1) [
Local school districts
] 
A local education agency
 may:
(a) allow [
students
] 
a student
 to complete the classroom training portion of driver
education through home study;
(b) provide each parent with driver education instructional materials to assist in parent
involvement with driver education including behind-the-wheel driving materials;
(c) offer driver education outside of school hours in order to reduce the cost of
providing driver education;
(d) offer driver education through community education programs;
(e) offer the classroom portion of driver education in the public schools and allow the
student to complete the behind-the-wheel portion with a private provider:
(i) licensed under Section 
53-3-504
; and
(ii) not associated with the school or under contract with the school under Subsection
53G-10-503
(3); or
(f) any combination of Subsections (1)(a) through (e).
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
state board shall establish in rule minimum standards for the school-related programs under
Subsection (1).