2013 -- H 5827

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LC01900

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

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

LICENSES

     Introduced By: Representative Anastasia P. Williams

     Date Introduced: February 28, 2013

     Referred To: House Judiciary

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. -- (a) The Community College

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of Rhode Island shall provide thirty-three (33) hours of classroom instruction for applicants or

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prospective applicants, not more than twenty-one (21) years of age for a limited instruction

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permit or license. The instruction shall include eight (8) hours, specifically for instruction on the

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effects of alcohol and drugs on a driver, and the instruction shall be given by a person eligible for

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a teacher's certificate issued under the authority of the state board of regents and which course of

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instruction shall be approved by the board of governors for higher education. In case of

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emergency, the President of the Community College of Rhode Island may declare, when no

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certified instructor is available to teach, an individual eligible to teach at the Community College

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of Rhode Island who has taken the required course of instruction in driver education, may provide

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driver education instruction. All driver education programs shall include information concerning

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the Anatomical Gift Act, chapter 18.6 of title 23, and information on donor cards pursuant to the

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applicable provisions of chapter 18.6 of title 23. The board of governors for higher Rhode Island

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board of education shall ensure that each person properly certified and approved to instruct driver

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education courses shall be given an equal opportunity for employment as an instructor within the

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driver education program. No person teaching driver education under this section shall own, be

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employed by, or be associated with a commercial 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 Rhode

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Island board of education; provided, that personal checks shall be an acceptable method of

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payment of the tuition or enrollment fee. The tuition or enrollment fee shall be deposited in a

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restricted receipt account established to pay any and all costs associated with the driver education

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program at the Community College of Rhode Island and administered by the Community College

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of Rhode Island.

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      (f) The board of governors for higher Rhode Island board of education is authorized to

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establish 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 Rhode Island board of

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education The board of governors for higher education shall provide for an optional and voluntary

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a required course of instruction for the applicant's parent, guardian, or designee where applicable,

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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 section 31-10-6. Under no circumstance

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shall any parent, guardian, or designee where applicable, be required to pay any cost or fee in

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association with participation in the course required under this section. The community college of

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Rhode Island shall be responsible to develop the course of instruction and content for the parent

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instruction, or may approve a similar course of instruction, such as AAA's course, as equivalent

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to it, and shall promulgate regulations and establish the appropriate method of providing the

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instruction. Should a qualified program pursuant to this section cease to exist for a period of time

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greater than six (6) months, the course of instruction so required shall be waived.

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     SECTION 2. This act shall take effect upon passage and shall be implemented six (6)

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months from the date of passage.

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LC01900

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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 parents of certain applicants under this section to take a free

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required course on the content of the driver education curriculum for graduated licenses.

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     This act would take effect upon passage and would be implemented six (6) months from

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the date of passage.

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LC01900

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