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| 9 | 9 | | S TATE OF RHODE IS LAND |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2023 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO MOTOR AN D OTHER VEHICLES -- OPERATORS' AND CHAUF FEURS' |
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| 16 | 16 | | LICENSES |
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| 17 | 17 | | Introduced By: Representatives Casimiro, Shallcross Smith, Noret, Alzate, Solomon, and |
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| 18 | 18 | | Kazarian |
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| 19 | 19 | | Date Introduced: February 21, 2023 |
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| 20 | 20 | | Referred To: House State Government & Elections |
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| 21 | 21 | | |
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| 22 | 22 | | |
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| 23 | 23 | | It is enacted by the General Assembly as follows: |
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| 24 | 24 | | SECTION 1. Section 31-10-19 of the General Laws in Chapter 31-10 entitled "Operators’ 1 |
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| 25 | 25 | | and Chauffeurs’ Licenses" is hereby amended to read as follows: 2 |
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| 26 | 26 | | 31-10-19. Driver education — Traffic safety education. [Contingent amendment; see 3 |
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| 27 | 27 | | other version.] 4 |
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| 28 | 28 | | (a) The community college of Rhode Island shall provide thirty-three (33) hours of 5 |
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| 29 | 29 | | classroom instruction for applicants or prospective applicants, not more than twenty-one (21) years 6 |
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| 30 | 30 | | of age for a limited instruction permit or license. The instruction shall include eight (8) hours, 7 |
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| 31 | 31 | | specifically for instruction on the effects of alcohol and drugs on a driver, and the instruction shall 8 |
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| 32 | 32 | | be given by a person eligible for a teacher’s certificate issued under the authority of the state board 9 |
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| 33 | 33 | | of regents and which course of instruction shall be approved by the board of governors for higher 10 |
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| 34 | 34 | | education. In case of emergency, the president of the community college of Rhode Island may 11 |
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| 35 | 35 | | declare, when no certified instructor is available to teach, an individual eligible to teach at the 12 |
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| 36 | 36 | | community college of Rhode Island who has taken the required course of instruction in driver 13 |
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| 37 | 37 | | education, may provide driver education instruction. All driver education programs shall include 14 |
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| 38 | 38 | | information concerning the Revised Uniform Anatomical Gift Act, chapter 18.6.1 of title 23, and 15 |
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| 39 | 39 | | information on donor cards pursuant to the applicable provisions of chapter 18.6.1 of title 23. The 16 |
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| 40 | 40 | | board of governors for higher education shall ensure that each person properly certified and 17 |
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| 41 | 41 | | approved to instruct driver education courses shall be given an equal opportunity for employment 18 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 45 | 45 | | as an instructor within the driver education program. No person teaching driver education under 1 |
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| 46 | 46 | | this section shall own, be employed by, or be associated with a commercial driving school. 2 |
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| 47 | 47 | | (b) Driver education instruction shall be available to any eligible resident applicant not less 3 |
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| 48 | 48 | | than fifteen (15) years and ten (10) months of age. 4 |
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| 49 | 49 | | (c) That the state shall also provide a separate program of instruction, as previously set 5 |
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| 50 | 50 | | forth in this section, for special needs students whose individual education plan (IEP) indicates a 6 |
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| 51 | 51 | | need for a separate program of instruction. 7 |
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| 52 | 52 | | (d) The community college of Rhode Island shall provide a driver training program for 8 |
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| 53 | 53 | | physically handicapped drivers. The program shall instruct the physically handicapped driver in 9 |
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| 54 | 54 | | the operation of adapted vehicles for the handicapped. The adapted vehicles are to be provided by 10 |
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| 55 | 55 | | the handicapped individual. A physically handicapped person must be certified by a licensed 11 |
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| 56 | 56 | | physician that he or she is physically handicapped and possesses sufficient potential to become a 12 |
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| 57 | 57 | | competent motor vehicle operator. The community college of Rhode Island shall establish a tuition 13 |
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| 58 | 58 | | fee sufficient to cover the cost of the program. 14 |
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| 59 | 59 | | (e) A tuition or enrollment fee shall be required to be paid by an eligible applicant in 15 |
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| 60 | 60 | | accordance with rules and regulations of the board of governors for higher education; provided, 16 |
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| 61 | 61 | | that personal checks shall be an acceptable method of payment of the tuition or enrollment fee. The 17 |
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| 62 | 62 | | tuition or enrollment fee shall be deposited in a restricted receipt account established to pay any 18 |
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| 63 | 63 | | and all costs associated with the driver education program at the community college of Rhode 19 |
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| 64 | 64 | | Island and administered by the community college of Rhode Island. 20 |
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| 65 | 65 | | (f) The board of governors for higher education is authorized to establish administrative 21 |
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| 66 | 66 | | regulations to further implement this section. 22 |
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| 67 | 67 | | (g) The community college of Rhode Island shall establish tuition fees sufficient to cover 23 |
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| 68 | 68 | | the cost of the program and the administration of the driver education program. All positions 24 |
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| 69 | 69 | | established to implement the driver education program and funded in full by driver education 25 |
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| 70 | 70 | | program fees shall be exempt from the full-time equivalency cap established in Article 1 of the 26 |
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| 71 | 71 | | Appropriations Act, provided, however, that the board of governors shall report by June 1, 2004, 27 |
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| 72 | 72 | | the actual number of filled positions funded exclusively by driver education fees to the chairperson 28 |
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| 73 | 73 | | of the house finance committee, the chairperson of the senate finance committee, and the state 29 |
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| 74 | 74 | | budget officer. 30 |
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| 75 | 75 | | (h) The board of governors for higher education shall provide for an optional and voluntary 31 |
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| 76 | 76 | | course of instruction for the applicant’s parent, guardian, or designee where applicable, on the 32 |
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| 77 | 77 | | content of the driver education curriculum and the requirements for the graduated licensing for 33 |
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| 78 | 78 | | persons under the age of eighteen (18) as contained in § 31-10-6. The community college of Rhode 34 |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 91 | 91 | | (k) The curriculum required by subsection (j) of this section shall become effective upon 10 |
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| 92 | 92 | | the effective date of this subsection and shall only be implemented upon the approval of the course 11 |
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| 93 | 93 | | by the state board of education. 12 |
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| 94 | 94 | | 31-10-19. Driver education — Traffic safety education. [Contingent effective date; see 13 |
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| 95 | 95 | | note.] 14 |
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| 96 | 96 | | (a) The community college of Rhode Island shall provide thirty-three (33) hours of 15 |
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| 97 | 97 | | classroom instruction for applicants or prospective applicants, not more than twenty-one (21) years 16 |
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| 98 | 98 | | of age, for a limited-instruction permit or license. The instruction shall include eight (8) hours, 17 |
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| 99 | 99 | | specifically for instruction on the effects of alcohol and drugs on a driver, and the instruction shall 18 |
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| 100 | 100 | | be given by a person eligible for a teacher’s certificate issued under the authority of the state board 19 |
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| 101 | 101 | | of education and which course of instruction shall be approved by the state board of education. In 20 |
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| 102 | 102 | | case of emergency, the president of the community college of Rhode Island may declare, when no 21 |
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| 103 | 103 | | certified instructor is available to teach, that an individual eligible to teach at the community college 22 |
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| 104 | 104 | | of Rhode Island, who has taken the required course of instruction in driver education, may provide 23 |
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| 105 | 105 | | driver education instruction. All driver education programs shall include information concerning 24 |
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| 106 | 106 | | the Revised Uniform Anatomical Gift Act, chapter 18.6.1 of title 23, and information on donor 25 |
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| 107 | 107 | | cards pursuant to the applicable provisions of chapter 18.6.1 of title 23. The state board of education 26 |
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| 108 | 108 | | shall ensure that each person properly certified and approved to instruct driver education courses 27 |
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| 109 | 109 | | shall be given an equal opportunity for employment as an instructor within the driver education 28 |
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| 110 | 110 | | program. No person teaching driver education under this section shall own, be employed by, or be 29 |
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| 111 | 111 | | associated with a commercial driving school. 30 |
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| 112 | 112 | | (b) Driver education instruction shall be available to any eligible resident applicant not less 31 |
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| 113 | 113 | | than fifteen (15) years and ten (10) months of age. 32 |
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| 114 | 114 | | (c) That the state shall also provide a separate program of instruction, as previously set 33 |
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| 115 | 115 | | forth in this section, for special needs students whose individual education plan (IEP) indicates a 34 |
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| 116 | 116 | | |
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| 117 | 117 | | |
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| 119 | 119 | | need for a separate program of instruction. 1 |
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| 120 | 120 | | (d) The community college of Rhode Island shall provide a driver training program for 2 |
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| 121 | 121 | | physically handicapped drivers. The program shall instruct the physically handicapped driver in 3 |
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| 122 | 122 | | the operation of adapted vehicles for the handicapped. The adapted vehicles are to be provided by 4 |
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| 123 | 123 | | the handicapped individual. A physically handicapped person must be certified by a licensed 5 |
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| 124 | 124 | | physician that he or she is physically handicapped and possesses sufficient potential to become a 6 |
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| 125 | 125 | | competent motor vehicle operator. The community college of Rhode Island shall establish a tuition 7 |
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| 126 | 126 | | fee sufficient to cover the cost of the program. 8 |
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| 127 | 127 | | (e) A tuition or enrollment fee shall be required to be paid by an eligible applicant in 9 |
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| 128 | 128 | | accordance with rules and regulations of the state board of education; provided, that personal 10 |
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| 129 | 129 | | checks shall be an acceptable method of payment of the tuition or enrollment fee. The tuition or 11 |
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| 130 | 130 | | enrollment fee shall be deposited in a restricted receipt account established to pay any and all costs 12 |
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| 131 | 131 | | associated with the driver education program at the community college of Rhode Island and 13 |
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| 132 | 132 | | administered by the community college of Rhode Island. 14 |
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| 133 | 133 | | (f) The state board of education is authorized to establish administrative regulations to 15 |
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| 134 | 134 | | further implement this section. 16 |
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| 135 | 135 | | (g) The community college of Rhode Island shall establish tuition fees sufficient to cover 17 |
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| 136 | 136 | | the cost of the program and the administration of the driver education program. All positions 18 |
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| 137 | 137 | | established to implement the driver education program and funded in full by driver education 19 |
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| 138 | 138 | | program fees shall be exempt from the full-time equivalency cap established in Article 1 of the 20 |
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| 139 | 139 | | Appropriations Act, provided, however, that the board of governors shall report by June 1, 2004, 21 |
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| 140 | 140 | | the actual number of filled positions funded exclusively by driver education fees to the chairperson 22 |
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| 141 | 141 | | of the house finance committee, the chairperson of the senate finance committee, and the state 23 |
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| 142 | 142 | | budget officer. 24 |
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| 143 | 143 | | (h) Notwithstanding any other provisions of this section, the state board of education shall 25 |
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| 144 | 144 | | provide for a required course of instruction for the applicant’s parent, guardian, or designee where 26 |
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| 145 | 145 | | applicable, on the content of the driver education curriculum and the requirements for the graduated 27 |
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| 146 | 146 | | licensing for persons under the age of eighteen (18) as contained in § 31-10-6. The course of 28 |
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| 147 | 147 | | instruction shall be made available in a classroom setting at numerous locations, days, and times 29 |
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| 148 | 148 | | throughout the state, approved by the community college of Rhode Island. All costs and expenses 30 |
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| 149 | 149 | | associated with the course of instruction, including, but not limited to, materials, instructors, and 31 |
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| 150 | 150 | | location fees shall be at the sole expense of the program providers. Once approved by the state 32 |
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| 151 | 151 | | board of education, an online course of instruction shall be made available to parent(s), guardian(s), 33 |
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| 152 | 152 | | or designee(s), where applicable, to meet the requirements of this section. Under no circumstances 34 |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 156 | 156 | | shall any parent, guardian, or designee, where applicable, be required to pay any cost or fee in 1 |
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| 157 | 157 | | association with participation in the course required by this section. Upon completion of the course 2 |
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| 158 | 158 | | pursuant to this section, no parent, guardian, or designee shall be required to take the course more 3 |
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| 159 | 159 | | than one time in a five-year (5) period. Parents, guardians, and designees with multiple children 4 |
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| 160 | 160 | | having completed this course shall be deemed to have satisfied this requirement for each child in 5 |
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| 161 | 161 | | their care applying for his or her license during the five-year (5) period. Should AAA or any other 6 |
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| 162 | 162 | | provider cease to provide the course and no other provider exists, the community college of Rhode 7 |
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| 163 | 163 | | Island shall not be required to provide the course of instruction nor shall it be required to pay any 8 |
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| 164 | 164 | | of the costs associated therewith. Parents, guardians, and designees shall not be required to 9 |
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| 165 | 165 | | complete the course prior to their child obtaining a license during any time at which a qualified 10 |
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| 166 | 166 | | program under this section does not exist. The community college of Rhode Island shall be 11 |
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| 167 | 167 | | responsible to develop the course of instruction and content for the parent instruction, or may 12 |
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| 168 | 168 | | approve a similar course of instruction, such as AAA’s course, as equivalent to it, and shall 13 |
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| 169 | 169 | | promulgate regulations and establish the appropriate method of providing the instruction. Should a 14 |
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| 170 | 170 | | qualified program cease to exist for a period of time greater than six (6) months, the course of 15 |
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| 171 | 171 | | instruction will not be required. 16 |
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| 172 | 172 | | (i) Dangers of distracted driving, including, but not limited to, use of cell phones would be 17 |
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| 173 | 173 | | included in this section curriculum and included in all testing as part of the state’s driver’s license 18 |
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| 174 | 174 | | examination. 19 |
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