2023 -- H 5768 SUBSTITUTE A ======== LC001188/SUB A/2 ======== S TATE OF RHODE IS LAND IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2023 ____________ A N A C T RELATING TO MOTOR AND OTHER VEHICLES -- OPERATORS' AND CHAUF FEURS' LICENSES Introduced By: Representatives Casimiro, Shallcross Smith, Noret, Alzate, Solomon, and Kazarian Date Introduced: February 21, 2023 Referred To: House State Government & Elections 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’ 1 and Chauffeurs’ Licenses" is hereby amended to read as follows: 2 31-10-19. Driver education — Traffic safety education. [Contingent amendment; see 3 other version.] 4 (a) The community college of Rhode Island shall provide thirty-three (33) hours of 5 classroom instruction for applicants or prospective applicants, not more than twenty-one (21) years 6 of age for a limited instruction permit or license. The instruction shall include eight (8) hours, 7 specifically for instruction on the effects of alcohol and drugs on a driver, and the instruction shall 8 be given by a person eligible for a teacher’s certificate issued under the authority of the state board 9 of regents and which course of instruction shall be approved by the board of governors for higher 10 education. In case of emergency, the president of the community college of Rhode Island may 11 declare, when no certified instructor is available to teach, an individual eligible to teach at the 12 community college of Rhode Island who has taken the required course of instruction in driver 13 education, may provide driver education instruction. All driver education programs shall include 14 information concerning the Revised Uniform Anatomical Gift Act, chapter 18.6.1 of title 23, and 15 information on donor cards pursuant to the applicable provisions of chapter 18.6.1 of title 23. The 16 board of governors for higher education shall ensure that each person properly certified and 17 approved to instruct driver education courses shall be given an equal opportunity for employment 18 LC001188/SUB A/2 - Page 2 of 6 as an instructor within the driver education program. No person teaching driver education under 1 this section shall own, be employed by, or be associated with a commercial driving school. 2 (b) Driver education instruction shall be available to any eligible resident applicant not less 3 than fifteen (15) years and ten (10) months of age. 4 (c) That the state shall also provide a separate program of instruction, as previously set 5 forth in this section, for special needs students whose individual education plan (IEP) indicates a 6 need for a separate program of instruction. 7 (d) The community college of Rhode Island shall provide a driver training program for 8 physically handicapped drivers. The program shall instruct the physically handicapped driver in 9 the operation of adapted vehicles for the handicapped. The adapted vehicles are to be provided by 10 the handicapped individual. A physically handicapped person must be certified by a licensed 11 physician that he or she is physically handicapped and possesses sufficient potential to become a 12 competent motor vehicle operator. The community college of Rhode Island shall establish a tuition 13 fee sufficient to cover the cost of the program. 14 (e) A tuition or enrollment fee shall be required to be paid by an eligible applicant in 15 accordance with rules and regulations of the board of governors for higher education; provided, 16 that personal checks shall be an acceptable method of payment of the tuition or enrollment fee. The 17 tuition or enrollment fee shall be deposited in a restricted receipt account established to pay any 18 and all costs associated with the driver education program at the community college of Rhode 19 Island and administered by the community college of Rhode Island. 20 (f) The board of governors for higher education is authorized to establish administrative 21 regulations to further implement this section. 22 (g) The community college of Rhode Island shall establish tuition fees sufficient to cover 23 the cost of the program and the administration of the driver education program. All positions 24 established to implement the driver education program and funded in full by driver education 25 program fees shall be exempt from the full-time equivalency cap established in Article 1 of the 26 Appropriations Act, provided, however, that the board of governors shall report by June 1, 2004, 27 the actual number of filled positions funded exclusively by driver education fees to the chairperson 28 of the house finance committee, the chairperson of the senate finance committee, and the state 29 budget officer. 30 (h) The board of governors for higher education shall provide for an optional and voluntary 31 course of instruction for the applicant’s parent, guardian, or designee where applicable, on the 32 content of the driver education curriculum and the requirements for the graduated licensing for 33 persons under the age of eighteen (18) as contained in § 31-10-6. The community college of Rhode 34 LC001188/SUB A/2 - Page 3 of 6 Island shall be responsible to develop the course of instruction and content for the parent 1 instruction, or may approve a similar course of instruction, such as AAA’s course, as equivalent to 2 it, and shall promulgate regulations and establish the appropriate method of providing the 3 instruction. 4 (i) Dangers of distracted driving, including, but not limited to, use of cell phones would be 5 included in this section curriculum and included in all testing as part of the state’s driver’s license 6 examination. 7 (j) Included in the classroom instruction shall be curriculum related to the dangers of 8 marijuana-impaired driving such as the course provided by AAA or similar equivalent. 9 (k) The curriculum required by subsection (j) of this section shall become effective upon 10 the effective date of this subsection and shall only be implemented upon the approval of the course 11 by the state board of education. 12 31-10-19. Driver education — Traffic safety education. [Contingent effective date; see 13 note.] 14 (a) The community college of Rhode Island shall provide thirty-three (33) hours of 15 classroom instruction for applicants or prospective applicants, not more than twenty-one (21) years 16 of age, for a limited-instruction permit or license. The instruction shall include eight (8) hours, 17 specifically for instruction on the effects of alcohol and drugs on a driver, and the instruction shall 18 be given by a person eligible for a teacher’s certificate issued under the authority of the state board 19 of education and which course of instruction shall be approved by the state board of education. In 20 case of emergency, the president of the community college of Rhode Island may declare, when no 21 certified instructor is available to teach, that an individual eligible to teach at the community college 22 of Rhode Island, who has taken the required course of instruction in driver education, may provide 23 driver education instruction. All driver education programs shall include information concerning 24 the Revised Uniform Anatomical Gift Act, chapter 18.6.1 of title 23, and information on donor 25 cards pursuant to the applicable provisions of chapter 18.6.1 of title 23. The state board of education 26 shall ensure that each person properly certified and approved to instruct driver education courses 27 shall be given an equal opportunity for employment as an instructor within the driver education 28 program. No person teaching driver education under this section shall own, be employed by, or be 29 associated with a commercial driving school. 30 (b) Driver education instruction shall be available to any eligible resident applicant not less 31 than fifteen (15) years and ten (10) months of age. 32 (c) That the state shall also provide a separate program of instruction, as previously set 33 forth in this section, for special needs students whose individual education plan (IEP) indicates a 34 LC001188/SUB A/2 - Page 4 of 6 need for a separate program of instruction. 1 (d) The community college of Rhode Island shall provide a driver training program for 2 physically handicapped drivers. The program shall instruct the physically handicapped driver in 3 the operation of adapted vehicles for the handicapped. The adapted vehicles are to be provided by 4 the handicapped individual. A physically handicapped person must be certified by a licensed 5 physician that he or she is physically handicapped and possesses sufficient potential to become a 6 competent motor vehicle operator. The community college of Rhode Island shall establish a tuition 7 fee sufficient to cover the cost of the program. 8 (e) A tuition or enrollment fee shall be required to be paid by an eligible applicant in 9 accordance with rules and regulations of the state board of education; provided, that personal 10 checks shall be an acceptable method of payment of the tuition or enrollment fee. The tuition or 11 enrollment fee shall be deposited in a restricted receipt account established to pay any and all costs 12 associated with the driver education program at the community college of Rhode Island and 13 administered by the community college of Rhode Island. 14 (f) The state board of education is authorized to establish administrative regulations to 15 further implement this section. 16 (g) The community college of Rhode Island shall establish tuition fees sufficient to cover 17 the cost of the program and the administration of the driver education program. All positions 18 established to implement the driver education program and funded in full by driver education 19 program fees shall be exempt from the full-time equivalency cap established in Article 1 of the 20 Appropriations Act, provided, however, that the board of governors shall report by June 1, 2004, 21 the actual number of filled positions funded exclusively by driver education fees to the chairperson 22 of the house finance committee, the chairperson of the senate finance committee, and the state 23 budget officer. 24 (h) Notwithstanding any other provisions of this section, the state board of education shall 25 provide for a required course of instruction for the applicant’s parent, guardian, or designee where 26 applicable, on the content of the driver education curriculum and the requirements for the graduated 27 licensing for persons under the age of eighteen (18) as contained in § 31-10-6. The course of 28 instruction shall be made available in a classroom setting at numerous locations, days, and times 29 throughout the state, approved by the community college of Rhode Island. All costs and expenses 30 associated with the course of instruction, including, but not limited to, materials, instructors, and 31 location fees shall be at the sole expense of the program providers. Once approved by the state 32 board of education, an online course of instruction shall be made available to parent(s), guardian(s), 33 or designee(s), where applicable, to meet the requirements of this section. Under no circumstances 34 LC001188/SUB A/2 - Page 5 of 6 shall any parent, guardian, or designee, where applicable, be required to pay any cost or fee in 1 association with participation in the course required by this section. Upon completion of the course 2 pursuant to this section, no parent, guardian, or designee shall be required to take the course more 3 than one time in a five-year (5) period. Parents, guardians, and designees with multiple children 4 having completed this course shall be deemed to have satisfied this requirement for each child in 5 their care applying for his or her license during the five-year (5) period. Should AAA or any other 6 provider cease to provide the course and no other provider exists, the community college of Rhode 7 Island shall not be required to provide the course of instruction nor shall it be required to pay any 8 of the costs associated therewith. Parents, guardians, and designees shall not be required to 9 complete the course prior to their child obtaining a license during any time at which a qualified 10 program under this section does not exist. The community college of Rhode Island shall be 11 responsible to develop the course of instruction and content for the parent instruction, or may 12 approve a similar course of instruction, such as AAA’s course, as equivalent to it, and shall 13 promulgate regulations and establish the appropriate method of providing the instruction. Should a 14 qualified program cease to exist for a period of time greater than six (6) months, the course of 15 instruction will not be required. 16 (i) Dangers of distracted driving, including, but not limited to, use of cell phones would be 17 included in this section curriculum and included in all testing as part of the state’s driver’s license 18 examination. 19 (j) Included in the classroom instruction shall be curriculum related to the dangers of 20 marijuana-impaired driving such as the course provided by AAA or similar equivalent. 21 (k) The curriculum required by subsection (j) of this section shall become effective upon 22 the effective date of this subsection and shall only be implemented upon the approval of the course 23 by the state board of education. 24 SECTION 2. This act shall take effect upon passage. 25 ======== LC001188/SUB A/2 ======== LC001188/SUB A/2 - Page 6 of 6 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO MOTOR AN D OTHER VEHICLES -- OPERATORS' AND CHAUF FEURS' LICENSES *** This act would require curriculum related to the dangers of marijuana-impaired driving 1 such as the course provided by AAA or similar equivalent to be added to the curriculum for driver 2 education once it has been approved by the state board of education. 3 This act would take effect upon passage. 4 ======== LC001188/SUB A/2 ========