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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 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
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