2017 -- H 5768

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LC001547

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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 Price, Filippi, Chippendale, and Kennedy

     Date Introduced: March 01, 2017

     Referred To: House Finance

     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 in all public high schools in

the state, subject to the approval of the district superintendent, and in accordance with the policies

of the school district 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 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 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 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) The board of governors for higher education shall provide for an optional and

voluntary 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

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for persons under the age of eighteen (18) as contained in § 31-10-6. 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.

     (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.

     (ii) Nothing in this section shall prohibit a school district from establishing its own

program of classroom instruction in a public high school, so long as all of the requirements of this

section are met.

     SECTION 2. This act shall take effect upon 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 that the Community College of Rhode Island provide traffic safety

education at each public high school in the state.

     This act would take effect upon passage.

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