Chapter 217

2003 -- S 1034 SUBSTITUTE A AS AMENDED

Enacted 07/15/03

AN ACT

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

Introduced By: Senators Gallo, P Fogarty, Issa, Walaska, and Sosnowski

Date Introduced: April 29, 2003

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 ~~department of~~

~~elementary and secondary education~~ 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

~~commissioner of elementary and secondary education~~ 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 ~~department of elementary~~

~~and secondary education~~ 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.

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 ~~commissioner of~~

~~elementary and 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 ~~as general revenues~~ 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 ~~commissioner of elementary and secondary education~~ 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

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

state budget officer.

SECTION 2. Section 36-10-36 of the General Laws in Chapter 36-10 entitled

"Retirement System-Contributions and Benefits" is hereby amended to read as follows:

36-10-36. Post retirement employment. -- (a) On and after July 7, 1994, no member

who has retired under the provisions of titles 16, 36, or 45 may be employed or reemployed by

any state agency or department unless any and all retirement benefits to which he or she may be

entitled by virtue of the provisions of titles 16, 36 or 45 are suspended for the duration of any

employment or reemployment. No additional service credits shall be granted for any post-

retirement employment or reemployment and no deductions shall be taken from an individual's

salary for retirement contribution. Notice of any such post-retirement employment or

reemployment shall be sent monthly to the retirement board by the employing agency or

department and by the retired member.

(b) Any member who has retired under the provisions of titles 16, 36, or 45 may be

employed or reemployed by any municipality within the state, which municipality has accepted

the provisions of chapter 21 of title 45 and which participates in the municipal employees'

retirement system for a period of not more than seventy-five (75) working days or one hundred

fifty (150) half days with half day pay in any one calendar year without any forfeiture of or

reduction of any retirement benefits and allowances the member is receiving or may receive as a

retired member. Pension payments shall be suspended whenever this period is exceeded. No

additional contributions shall be taken and no additional service credits shall be granted for this

service. Notice of this employment or re-employment shall be sent monthly to the retirement

board by the employer and by the retired member.

employed or re-employed by any municipality within the state which has not accepted the

provisions of chapter 21 of title 45 and which does not participate in the municipal employees'

retirement system.

(d) Notwithstanding the provisions of this section:

(1) Any retired member of the system shall be permitted to serve as an elected mayor,

the town adminstrator, the city administrator, the town manager, the city manager, the chief

administrative officer or the chief executive officer of any city or town, city or town council

member, school committee member, or unpaid member of any part-time state board or

commission or member of any part-time municipal board or commission, and shall continue to be

eligible for and receive the retirement allowance for service other than that as a mayor,

administrator, council member, school committee member, or member of any state board or

commission or member of any part-time municipal board or commission; provided, however, that

no additional service credits shall be granted for any service under this subsection;

(2) Any retired member who retired from service at any state college, university, state

school, or who retired from service as a teacher under the provisions of title 16, or who retired

from service under title 36 or title 45, may be employed or reemployed, on a part-time basis, by

any state college, university or state school for the purpose of providing classroom instruction,

academic advising of students and/or coaching. Compensation shall be provided at a level not to

exceed the salary provided to other faculty members employed under a collective bargaining

agreement at the institution. In no event shall "part-time" mean gross pay of more than twelve

thousand dollars ($12,000) in any one calendar year. Any retired member who provides such

instruction or service shall do so without forfeiture or reduction of any retirement benefit or

allowance; and provided, however, that no additional service credits shall be granted for any

service under this subsection;

(3) Any retired member who retired from service as a teacher under the provisions of

title 16, or as a state employee who while an active state employee was certified to teach driver

education by the department of elementary and secondary education or by the board of governors

for higher education, may be employed or reemployed, on a part-time basis, by the department of

elementary and secondary education or by the board of governors for higher education for the

purpose of providing classroom instruction in driver education courses in accordance with section

31-10-19 and/or motorcycle driver education courses in accordance with section 31-10.1-1.1. In

no event shall "part-time" mean gross pay of more than twelve thousand dollars ($12,000) in any

one calendar year. Any retired teacher who provides that instruction shall do so without forfeiture

or reduction of any retirement benefit or allowance the retired teacher is receiving as a retired

teacher; provided, however, that no additional service credits shall be granted for any service

under this subsection; and

(4) Any retired member who retired from service as a registered nurse may be employed

or reemployed, on a per diem basis, for the purpose of providing professional nursing care and/or

services at a state operated facility in Rhode Island. In no event shall "part-time" mean gross pay

of more than twelve thousand dollars ($12,000) in any one calendar year. Any retired nurse who

provides such care and/or services shall do so without forfeiture or reduction of any retirement

benefit or allowance the retired nurse is receiving as a retired nurse; provided, however, that no

additional service credits shall be granted for any service under this subsection.

SECTION 3. This act shall take effect upon passage.

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LC03159/SUB A

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