2017 -- H 5457 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

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

LICENSES

     

     Introduced By: Representatives Shekarchi, Casimiro, Williams, Vella-Wilkinson, and
Solomon

     Date Introduced: February 09, 2017

     Referred To: House Health, Education & Welfare

     (by request)

It is enacted by the General Assembly as follows:

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

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

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     31-10-19. Driver education -- Traffic safety education.

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     (a) The Community College of Rhode Island shall provide thirty-three (33) hours of

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classroom instruction for applicants or prospective applicants, not more than twenty-one (21)

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years of age for a limited instruction permit or license. The instruction shall include eight (8)

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hours, specifically for instruction on the effects of alcohol and drugs on a driver, and the

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instruction shall be given by a person eligible for a teacher's certificate issued under the authority

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of the state board of regents and which course of instruction shall be approved by the state board

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of governors for higher education. In case of emergency, the President of the Community College

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of Rhode Island may declare, when no certified instructor is available to teach, an individual

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eligible to teach at the Community College of Rhode Island who has taken the required course of

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instruction in driver education, may provide driver education instruction. All driver education

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programs shall include information concerning the Anatomical Gift Act, chapter 18.6 of title 23,

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and information on donor cards pursuant to the applicable provisions of chapter 18.6 of title 23.

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The state board of governors for higher education shall ensure that each person properly certified

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and approved to instruct driver education courses shall be given an equal opportunity for

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employment as an instructor within the driver education program. No person teaching driver

 

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education under this section shall own, be employed by, or be associated with a commercial

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driving school.

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

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

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

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

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need for a separate program of instruction.

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

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

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

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

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

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

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tuition fee sufficient to cover the cost of the program.

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

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accordance with rules and regulations of the board of governors for higher education; provided,

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that personal checks shall be an acceptable method of payment of the tuition or enrollment fee.

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The tuition or enrollment fee shall be deposited in a restricted receipt account established to pay

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any and all costs associated with the driver education program at the Community College of

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

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     (f) The state board of governors for higher education is authorized to establish

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administrative regulations to further implement this section.

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

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

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

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

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

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

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

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the state budget officer.

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     (h) Notwithstanding any other provisions of this section, the The state board of governors

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

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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

 

LC001316/SUB A/2 - Page 2 of 4

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of eighteen (18) as contained in ยง 31-10-6. The course of instruction shall be made available in a

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classroom setting at numerous locations, days and times throughout the state, approved by the

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Community College of Rhode Island. All costs and expenses associated with the course of

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instruction, including, but not limited to, materials, instructors and location fees shall be at the

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sole expense of the program providers. Once approved by the state board of education, an online

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course of instruction shall be made available to parent(s), guardian(s), or designee(s), where

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applicable, to meet the requirements of this section. Under no circumstances shall any parent,

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

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participation in the course required by this section. Upon completion of the course pursuant to

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this section, no parent, guardian or designee shall be required to take the course more than one

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time in a five (5) year period. Parents, guardians and designees with multiple children having

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completed this course shall be deemed to have satisfied this requirement for each child in their

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care applying for his or her license during the five (5) year period. Should AAA, or any other

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provider, cease to provide the course and no other provider exists, the Community College of

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Rhode Island shall not be required to provide the course of instruction nor shall it be required to

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pay any of the costs associated therewith. Parents, guardians and designees shall not be required

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to complete the course prior to their child obtaining a license during any time at which a qualified

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program under this section does not exist. The community college of Rhode Island shall be

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

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

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

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a qualified program cease to exist for a period of time greater than six (6) months, the course of

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instruction will not be required.

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

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

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license examination.

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     SECTION 2. This act shall take effect on January 1, 2018.

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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 establish a free course of instruction for the parent, guardian, or designee

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of a child enrolled in a driver education program.

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     This act would take effect on January 1, 2018.

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