Bill Summary – FastDemocracy

-- S 0667
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     LC002546
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                       S TATE              OF         RHODE                IS L A N D
                                          IN GENERAL ASSEMBLY
                                       JANUARY SESSION, A.D. 2023
                                             ____________
                                                A N     A CT
     RELATING TO MOTOR AND OTHER VEHICLES -- OPERATORS' AND CHAUFFEURS'
                                 LICENSES
                Introduced By: Senators Tikoian, Burke, LaMountain, Raptakis, Britto, Sosnowski, and
                                Gallo
                Date Introduced: March 07, 2023
                Referred To: Senate Special Legislation and Veterans Affairs
     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
                                           LC002546 - Page 2 of 6
  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
                                            LC002546 - Page 3 of 6
  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
                                           LC002546 - Page 4 of 6
  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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     LC002546
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                                           EXPLANATION
                                 BY THE LEGISLATIVE COUNCIL
                                                   OF
                                             A N    A CT
    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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    LC002546
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Statutes affected: 
31-10-19