Utah House OKs bill targeting unlicensed drivers, focusing debate on immigrants

SALT LAKE CITY — Lawmakers in the Utah House have approved a bill targeting unlicensed drivers, including immigrants, though they aren't specifically singled out in the bill's language.

As described by HB136 sponsor Rep. Matt MacPherson, R-West Valley City, the bill is aimed at addressing the rising numbers of crashes caused by unlicensed drivers. The measure, approved by the Utah House on Monday in a 55-12 vote, would give law enforcement officials authority to impound vehicles operated by drivers lacking a license, driver's privilege card or learner permit, thereby preventing them from driving on Utah's roadways.

It now goes to the Utah Senate for consideration.

The number of car crashes in Utah has actually declined in the last five years, MacPherson said, but the concentration of accidents caused by unlicensed motorists in the time frame has increased fivefold. In West Valley City alone, he said, 34% of car crashes are caused by unlicensed drivers.

"These are staggering numbers, and they are increasing at a fast pace, and we need to provide tools to law enforcement to try to tackle this issue," he said.

MacPherson said the measure is aimed at lawbreakers, regardless of their personal identifiers, but both supporters and foes singled out the potential impact of the measure on immigrant drivers.

Rep. Karianne Lisonbee, R-Syracuse, said a "disproportionate" number of hit-and-run accidents and speeding cases in school zones are found to be caused by "noncitizens" lacking a driving credential, whether a license or driving privilege card. U.S. citizens and lawful immigrants can apply for driver's licenses while immigrants in the country illegally and certain other classes of immigrants may get driving privilege cards, allowing them to legally drive in Utah.

"It's very important that people get the driving credential, that they take the test, that they learn to understand what our (road) signs mean so that they can drive safely on our roads and keep Utahns safe and keep other noncitizens safe who are driving on the roads with credentials," Lisonbee said. She voted for the measure.

On the flip side, Rep. Rosalba Dominguez, D-Salt Lake City, criticized the bill, worried about its impact on the immigrant community.

"In execution, it does more harm than good, specifically to our non-English speaking individuals who already face challenges within our state to take the driving privilege card," she said. While the written test to get a driver's license is offered in multiple languages, the test to get a driving privilege card is only in English, serving as a barrier to some who might otherwise apply for the driving document.

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Dominguez also cited "the stigma surrounding immigrants and low-income communities" in sounding off against HB136. Likewise, House Democrats issued a statement after Monday's action expressing concern the measure would increase the possibility of law enforcement targeting certain classes of drivers.

"We are deeply concerned about HB136 and the environment of fear that it could create for all Utah drivers. Law enforcement officers cannot know whether a driver is unlicensed before initiating a traffic stop, raising serious concerns about the potential for racial profiling," reads the Utah House Democratic Caucus.

The fee to claim an impounded car would rise from $425 to $600, and the caucus statement charged that "aggressive impoundment and fee-based enforcement" disproportionately harms people with lower incomes, rural Utahns and those with disabilities.

As is, unlicensed drivers found guilty of infractions may have to wait longer before they can seek driving privilege cards. Mindful of that, Rep. Ken Ivory, R-West Jordan, proposed an amendment to HB136 that would have prevented those sorts of delays for those found guilty of driving without a license.

"This just gets to the fact that if they have an infraction — parking ticket, speeding ticket — it doesn't prevent them from getting the driving privilege card as it does currently. This would allow them to get the driver privilege card so that they could be in the system and we know who they are and know that they have insurance," Ivory said.

House members voted down Ivory's proposal, and the lawmaker voted against HB136.

Under HB136, law enforcement officials aren't required to impound vehicles operated by motorists without licenses. If an operator has an expired driving credential or another occupant of the car has a driver's license, for instance, they can opt not to seize the auto.

The measure also authorizes law enforcement officials to take "quick" fingerprints of those driving without licenses or driving privilege cards to identify them. Such prints are queried against national fingerprint database systems.

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