Chapter 361
2003 --
H 5598 SUBSTITUTE A AS AMENDED
Enacted 07/17/03
A N A C T
RELATING
TO MOTOR AND OTHER VEHICLES -- OPERATORS' AND CHAUFFEURS'
LICENSES
Introduced
By: Representatives McNamara, Malik, Dennigan, Ginaitt, and Gallison
Date
Introduced: February 11, 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.
(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 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.
(c) Any member who has retired under the provisions of title 16, 36, or 45 may
be
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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LC00264/SUB
A/2
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