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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
]]]] 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 of35 the following alternative requirements are met:36 (a) No more than four (4) students are in a class; and37 (b) Not less than thirty (30) hours of classroom instruction are pro-38 vided; and39 (c) Not less than six (6) hours behind-the-wheel practice driving are40 required; and41 (d) Not less than six (6) hours of observation time are completed with a42 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 -- REGULATIONSRULES. (1) 4 The state board of education shall adopt and prescribe regulationsrules 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 school7 facilities and equipment of applicants and licensees and examine applicants8 for instructor's licensesprovide 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 athe 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, previous21 records of the school and instructors, financial statements, schedule of fees22 and charges, character and reputation of the operators, insurance and such23 other matters as the state board of education may prescribe for the protection24 of the publica 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 regulationsrules shall state the requirements for an instructor's 38 license, including requirements concerning moral character, physical condi- 39 tion, knowledge of the course sof instruction, motor vehicle laws and safety 40 principles, previous personal and employment records, and other matters as the41 state board of education may prescribe for the protection of the public. Pro-42 vided, however, thatand a criminal background check. T the 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 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