2004 Legislation
Print Friendly

SENATE BILL NO. 1353 – Driver training, requirements

SENATE BILL NO. 1353

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



S1353..........................................................by EDUCATION
DRIVER TRAINING - Amends existing law to remove language setting forth
alternative requirements for driver training programs; to provide that the
State Board of Education shall adopt rules to provide students with driver
education opportunities while students are enrolled in commercial driver
training programs; to revise license application requirements; to set forth
standards for courses of instruction; to remove language providing that
board rules shall include certain requirements; to require criminal
background checks; and to authorize certified instructors to teach in
approved private driver training programs.
                                                                        
02/16    Senate intro - 1st rdg - to printing
02/17    Rpt prt - to Educ
03/09    Rpt out - rec d/p - to 2nd rdg
03/10    2nd rdg - to 3rd rdg
03/11    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason(Andreason), Bailey, Brandt, Bunderson, Burkett,
      Burtenshaw, Calabretta, Cameron, Compton, Darrington, Davis, Gannon,
      Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge,
      Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Pearce,
      Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk
      NAYS -- None
      Absent and excused -- Williams
    Floor Sponsor - Marley
    Title apvd - to House
03/11    House intro - 1st rdg - to Educ
03/12    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 64-0-6
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow,
      Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Harwood, Henbest, Jaquet, Jones,
      Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin,
      McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,
      Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Robison, Rydalch,
      Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Stevenson, Trail, Wills, Wood
      NAYS -- None
      Absent and excused -- Clark, Cuddy, Gagner, Roberts, Snodgrass, Mr.
      Speaker
    Floor Sponsor - Bayer
    Title apvd - to Senate
03/17    To enrol
03/18    Rpt enrol - Pres signed - Sp signed
03/19    To Governor
03/23    Governor signed
         Session Law Chapter 223
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1353
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO DRIVER TRAINING; AMENDING SECTION 33-1702, IDAHO CODE,  TO  REMOVE
  3        LANGUAGE  SETTING  FORTH ALTERNATIVE REQUIREMENTS FOR DRIVER TRAINING PRO-
  4        GRAMS; AMENDING SECTION 49-2101, IDAHO CODE, TO PROVIDE CORRECT  TERMINOL-
  5        OGY  AND TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL ADOPT RULES TO
  6        PROVIDE STUDENTS WITH DRIVER EDUCATION WHILE STUDENTS ARE ENROLLED IN COM-
  7        MERCIAL DRIVER TRAINING PROGRAMS; AMENDING SECTION 49-2102, IDAHO CODE, TO
  8        REVISE LICENSE  APPLICATION  REQUIREMENTS,  TO  SET  FORTH  STANDARDS  FOR
  9        COURSES  OF  INSTRUCTION  AND TO MAKE A TECHNICAL CORRECTION; AND AMENDING
 10        SECTION 49-2103, IDAHO CODE, TO PROVIDE  CORRECT  TERMINOLOGY,  TO  REMOVE
 11        LANGUAGE  PROVIDING THAT BOARD RULES SHALL INCLUDE REQUIREMENTS CONCERNING
 12        PREVIOUS PERSONAL AND EMPLOYMENT RECORDS AND OTHER MATTERS THE  BOARD  MAY
 13        PRESCRIBE  FOR  PROTECTION  OF  THE PUBLIC, TO REQUIRE CRIMINAL BACKGROUND
 14        CHECKS AND TO PROVIDE THAT A PERSON IS AUTHORIZED TO TEACH IN ANY  PRIVATE
 15        APPROVED  DRIVER  TRAINING PROGRAM ONCE HE OR SHE HAS BEEN CERTIFIED AS AN
 16        INSTRUCTOR.
                                                                        
 17    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 18        SECTION 1.  That Section 33-1702, Idaho Code, be, and the same  is  hereby
 19    amended to read as follows:
                                                                        
 20        33-1702.  MINIMUM  STANDARDS FOR COURSES. (1) The state board of education
 21    and the transportation department shall cooperate in establishing, and  amend-
 22    ing  as  need arises, minimum standards for driver training programs reimburs-
 23    able hereunder.
 24        (2)  Such standards shall require not less than thirty (30) clock hours of
 25    classroom instruction, six (6) hours observation time  in  a  driver  training
 26    car,  and six (6) hours behind-the-wheel practice driving; but the state board
 27    of education may allow in lieu of not more than three (3) hours of such  prac-
 28    tice  driving,  such  equivalent  thereof in simulated practice driving as the
 29    said board may have, by uniform rules, approved. The board shall  adopt  stan-
 30    dards necessary to allow completion of the thirty (30) clock hours of required
 31    classroom instruction through an approved correspondence course.
 32        (3)  When  an  approved  driver  training course is provided by a private,
 33    commercial driver training school, the standards for the driver training  pro-
 34    gram as specified in subsection (2) of this section can be satisfied if all of
 35    the following alternative requirements are met:
 36        (a)  No more than four (4) students are in a class; and
 37        (b)  Not  less  than  thirty  (30) hours of classroom instruction are pro-
 38        vided; and
 39        (c)  Not less than six (6) hours  behind-the-wheel  practice  driving  are
 40        required; and
 41        (d)  Not  less than six (6) hours of observation time are completed with a
 42        parent or legal guardian.
                                                                        
                                           2
                                                                        
  1        SECTION 2.  That Section 49-2101, Idaho Code, be, and the same  is  hereby
  2    amended to read as follows:
                                                                        
  3        49-2101.  DUTIES OF THE STATE BOARD OF EDUCATION -- REGULATIONS RULES. (1)
  4    The  state board of education shall adopt and prescribe regulations rules con-
  5    cerning the administration and enforcement of this chapter as are necessary to
  6    protect the public. The state board of  education  shall  inspect  the  school
  7    facilities  and  equipment of applicants and licensees  and examine applicants
  8    for instructor's licenses provide students with driver  education  while  stu-
  9    dents are enrolled in a commercial driver training program.
 10        (2)  The  state board of education shall administer and enforce the provi-
 11    sions of this chapter.
                                                                        
 12        SECTION 3.  That Section 49-2102, Idaho Code, be, and the same  is  hereby
 13    amended to read as follows:
                                                                        
 14        49-2102.  SCHOOLS  --  LICENSE  REQUIRED  --  CONTENTS  OF APPLICATION FOR
 15    LICENSE. No commercial driver training school shall be established  nor  shall
 16    any  existing  school  continue  to operate, unless the school applies for and
 17    obtains from the state board of education a license in a the manner  and  form
 18    prescribed by the state board of education.
 19        The  application  for license shall include a statement of the location of
 20    the school, the  equipment,  courses  of  instruction,  instructors,  previous
 21    records  of the school and instructors, financial statements, schedule of fees
 22    and charges, character and reputation of the  operators,  insurance  and  such
 23    other matters as the state board of education may prescribe for the protection
 24    of  the  public a certificate of occupancy, a certificate of automobile insur-
 25    ance, a list of certified instructors, proof of an annual vehicle check, and a
 26    course of instruction for teen drivers aged fourteen and one-half (14 1/2)  to
 27    seventeen (17) years which shall include the following standards:
 28        (1)  Not less than thirty (30) hours of classroom instruction;
 29        (2)  Not less than six (6) hours of behind-the-wheel practice driving; and
 30        (3)  Not less than six (6) hours of observation.
                                                                        
 31        SECTION  4.  That  Section 49-2103, Idaho Code, be, and the same is hereby
 32    amended to read as follows:
                                                                        
 33        49-2103.  INSTRUCTORS -- LICENSE REQUIRED -- CONTENTS OF  APPLICATION  FOR
 34    LICENSE  --  PUBLIC  SCHOOL  CONTRACTS.  No person shall act as an instructor,
 35    unless the person applies for and obtains from the state board of education  a
 36    license in the manner and form prescribed by the state board of education.
 37        The  regulations  rules  shall  state the requirements for an instructor's
 38    license, including requirements concerning moral  character,  physical  condi-
 39    tion,  knowledge  of the courses of instruction, motor vehicle laws and safety
 40    principles, previous personal and employment records, and other matters as the
 41    state board of education may prescribe for the protection of the public.  Pro-
 42    vided, however, that and a criminal background check. Tthe state board of edu-
 43    cation  shall not require the possession of a valid Idaho teaching certificate
 44    as a condition for the issuance of an instructor's license.
 45        Any commercial driver training school that contracts with a public  school
 46    to provide a driver training class at or for a public school may be allowed to
 47    use the services of any or all of the certified instructors of that commercial
 48    driving school. Once a person has been certified as an instructor, that person
 49    is authorized to teach in any approved private driver training program.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 13638C2


The purpose of this legislation is to amend Idaho Code sections,
33-1702, 49-2101, 49-2102, and 49-2103 to bring the regulatory
requirements of the State Board of Education over private and
commercial drivers education businesses in line with private
industry.
At the time that current code was adopted there were minimal
private driving business in existence.  To date private driving
businesses have increased to 37 throughout the state of Idaho. 
The rules resulting from the code have not been changed since
1996.  The proposed amendments will allow the opportunity for
commercial drivers education businesses to conduct business as
private entities.


                          FISCAL IMPACT
None


Contact
Name: Sen. Bert Marley 
Phone: 332-1407
Rep. Mike Moyle
Rep. Cliff Bayer



STATEMENT OF PURPOSE/FISCAL NOTE                    S 1353