2015 -- H 5411 AS AMENDED

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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 - TRAFFIC SAFETY EDUCATION

     Introduced By: Representatives Palangio, Williams, and Shekarchi

     Date Introduced: February 12, 2015

     Referred To: House Health, Education & Welfare

     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 classroom instruction shall be given by a person

eligible for a teacher's certificate issued under the authority of the state board of regents board of

education and which course of instruction shall be approved by the state 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 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 the classroom course of 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 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 education board of 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 provisions of this section, the The board of governors

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

the age of eighteen (18) as contained in § 31-10-6. The course of instruction shall be made

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available in a classroom setting at numerous locations, days and times throughout the state. Once

approved by the board of education, an online course of instruction shall be made available to

parents, guardians, or designees to meet the requirements of this section. 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 by 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 cease to exist for a period of time greater than six (6)

months, the course of instruction will not be required.

      (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 six (6) months from date of passage

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - TRAFFIC SAFETY EDUCATION

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     This act would require state board of education approval of driver education courses for

new drivers. It would also allow instruction to be made available online as well as in a classroom

setting.

     This act would take effect six (6) months from date of passage.

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