2015 -- H 5411 AS AMENDED

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LC001184

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - TRAFFIC SAFETY EDUCATION

     

     Introduced By: Representatives Palangio, Williams, and Shekarchi

     Date Introduced: February 12, 2015

     Referred To: House Health, Education & Welfare

     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 classroom instruction shall be given by a person

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eligible for a teacher's certificate issued under the authority of the state board of regents board of

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education and which course of instruction shall be approved by the state board of governors for

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higher education. In case of emergency, the President of the Community College of Rhode Island

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may declare, when no certified instructor is available to teach, an individual eligible to teach at

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the Community College of Rhode Island who has taken the required course of instruction in

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driver education, may provide driver education instruction. All driver education programs shall

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

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on donor cards pursuant to the applicable provisions of chapter 18.6 of title 23. The board of

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governors for higher education shall ensure that each person properly certified and approved to

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instruct driver education courses shall be given an equal opportunity for employment as an

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instructor within the driver education program. No person teaching the classroom course of 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 board of governors for higher education 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 The board of governors

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

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instruction for the applicant's parent, guardian, or designee where applicable, on the content of the

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driver education curriculum and the requirements for the graduated licensing for persons under

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

 

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available in a classroom setting at numerous locations, days and times throughout the state. Once

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approved by the board of education, an online course of instruction shall be made available to

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parents, guardians, or designees to meet the requirements of this section. 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 by 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 cease to exist for a period of time greater than six (6)

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months, the course of 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 six (6) months from date of passage

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - TRAFFIC SAFETY EDUCATION

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     This act would require state board of education approval of driver education courses for

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new drivers. It would also allow instruction to be made available online as well as in a classroom

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setting.

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     This act would take effect six (6) months from date of passage.

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