2023 -- H 5768

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LC001188

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

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

LICENSES

     Introduced By: Representatives Casimiro, Shallcross Smith, Noret, Alzate, Solomon, and
Kazarian

     Date Introduced: February 21, 2023

     Referred To: House State Government & Elections

     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. [Contingent amendment; see

other version.]

     (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 Revised Uniform Anatomical Gift Act, chapter 18.6.1 of title 23, and

information on donor cards pursuant to the applicable provisions of chapter 18.6.1 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 for

persons under the age of eighteen (18) as contained in § 31-10-6. The community college of Rhode

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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.

     (j) Included in the classroom instruction shall be the Automobile Association of America

(AAA) program "Shifting Gears: The Blunt Truth about Marijuana and Driving".

     (k) The curriculum required by subsection (j) of this section shall become effective upon

the effective date of this subsection and shall only be implemented upon the approval of the course

by the state board of education.

     31-10-19. Driver education — Traffic safety education. [Contingent effective date; see

note.]

     (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 education and which course of instruction shall be approved by the state board of education. In

case of emergency, the president of the community college of Rhode Island may declare, when no

certified instructor is available to teach, that 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 Revised Uniform Anatomical Gift Act, chapter 18.6.1 of title 23, and information on donor

cards pursuant to the applicable provisions of chapter 18.6.1 of title 23. The state board of 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

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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 state board of 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 state 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 state board of education shall

provide for 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 available in a classroom setting at numerous locations, days, and times

throughout the state, approved by the community college of Rhode Island. All costs and expenses

associated with the course of instruction, including, but not limited to, materials, instructors, and

location fees shall be at the sole expense of the program providers. Once approved by the state

board of education, an online course of instruction shall be made available to parent(s), guardian(s),

or designee(s), where applicable, to meet the requirements of this section. Under no circumstances

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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. Upon completion of the course

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

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

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

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

provider cease to provide the course and no other provider exists, the community college of Rhode

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

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

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

program under this section does not exist. 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.

     (j) Included in the classroom instruction shall be the Automobile Association of America

(AAA) program "Shifting Gears: The Blunt Truth About Marijuana and Driving".

     (k) The curriculum required by subsection (j) of this section shall become effective upon

the effective date of this subsection and shall only be implemented upon the approval of the course

by the state board of education.

     SECTION 2. This act shall take effect upon passage.

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LC001188

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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

***

     This act would require an Automobile Association of America (AAA) program entitled

"Shifting Gears: The Blunt Truth About Marijuana and Driving" to be added to the curriculum for

driver education once it has been approved by the state board of education.

     This act would take effect upon passage.

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LC001188

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