2015 -- H 5357

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LC000091

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - OPERATORS' AND CHAUFFEURS'

LICENSES

     Introduced By: Representatives Williams, and Palangio

     Date Introduced: February 05, 2015

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-10-19 of the General Laws in Chapter 31-10 entitled "Operators'

and Chauffeurs' Licenses" is hereby amended to read as follows:

     31-10-19. Driver education -- Traffic safety education. -- (a) The Community College

of Rhode Island shall provide thirty-three (33) hours of classroom instruction for applicants or

prospective applicants, not more than twenty-one (21) years of age for a limited instruction

permit or license. The instruction shall include eight (8) hours, specifically for instruction on the

effects of alcohol and drugs on a driver, and the instruction shall be given by a person eligible for

a teacher's certificate issued under the authority of the state board of regents and which course of

instruction shall be approved by the board of governors for higher education. In case of

emergency, the President of the Community College of Rhode Island may declare, when no

certified instructor is available to teach, an individual eligible to teach at the Community College

of Rhode Island who has taken the required course of instruction in driver education, may provide

driver education instruction. All driver education programs shall include information concerning

the Anatomical Gift Act, chapter 18.6 of title 23, and information on donor cards pursuant to the

applicable provisions of chapter 18.6 of title 23. The board of governors for higher council on

post secondary education shall ensure that each person properly certified and approved to instruct

driver education courses shall be given an equal opportunity for employment as an instructor

within the driver education program. No person teaching driver education under this section shall

own, be employed by, or be associated with a commercial driving school.

      (b) Driver education instruction shall be available to any eligible resident applicant not

less than fifteen (15) years and ten (10) months of age.

      (c) That the state shall also provide a separate program of instruction, as previously set

forth in this section, for special needs students whose individual education plan (IEP) indicates a

need for a separate program of instruction.

      (d) The Community College of Rhode Island shall provide a driver training program for

physically handicapped drivers. The program shall instruct the physically handicapped driver in

the operation of adapted vehicles for the handicapped. The adapted vehicles are to be provided by

the handicapped individual. A physically handicapped person must be certified by a licensed

physician that he or she is physically handicapped and possesses sufficient potential to become a

competent motor vehicle operator. The Community College of Rhode Island shall establish a

tuition fee sufficient to cover the cost of the program.

      (e) A tuition or enrollment fee shall be required to be paid by an eligible applicant in

accordance with rules and regulations of the board of governors for higher council on post

secondary education; provided, that personal checks shall be an acceptable method of payment of

the tuition or enrollment fee. The tuition or enrollment fee shall be deposited in a restricted

receipt account established to pay any and all costs associated with the driver education program

at the Community College of Rhode Island and administered by the Community College of

Rhode Island.

      (f) The board of governors for higher council on post secondary education is authorized

to establish administrative regulations to further implement this section.

      (g) The Community College of Rhode Island shall establish tuition fees sufficient to

cover the cost of the program and the administration of the driver education program. All

positions established to implement the driver education program and funded in full by driver

education program fees shall be exempt from the full-time equivalency cap established in Article

1 of the Appropriations Act, provided, however, that the board of governors shall report by June

1, 2004, the actual number of filled positions funded exclusively by driver education fees to the

chairperson of the house finance committee, the chairperson of the senate finance committee and

the state budget officer.

      (h) Notwithstanding any other provision of this section or any provision of the general or

public laws to the contrary, the council on post secondary education The board of governors for

higher education shall provide for an optional and voluntary a required course of instruction for

the applicant's parent, guardian, or designee where applicable, on the content of the driver

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education curriculum and the requirements for the graduated licensing for persons under the age

of eighteen (18) as contained in § 31-10-6. Under no circumstance shall any parent, guardian, or

designee where applicable, be required to pay any cost or fee in association with participation in

the course required under this section. The community college of Rhode Island shall be

responsible to develop the course of instruction and content for the parent instruction, or may

approve a similar course of instruction, such as AAA's course, as equivalent to it, and shall

promulgate regulations and establish the appropriate method of providing the instruction. Should

a qualified program pursuant to this section cease to exist for period of time greater than six (6)

months, the course of instruction so required shall be waived.

      (i) Dangers of distracted driving, including, but not limited to, use of cell phones would

be included in this section curriculum and included in all testing as part of the state's driver's

license examination.

     SECTION 2. This act shall take effect upon passage, and shall be implemented six (6)

months from the date of passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - OPERATORS' AND CHAUFFEURS'

LICENSES

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     This act would require parents of certain applicants under this section to take a free

course on the content of the driver education curriculum for graduated licenses.

     This act would take effect upon passage, and would be implemented six (6) months from

the date of passage.

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