Bill Text: IN HB1292 | 2010 | Regular Session | Introduced
Bill Title: Commission on driver education.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-12 - First reading: referred to Committee on Roads and Transportation [HB1292 Detail]
Download: Indiana-2010-HB1292-Introduced.html
Citations Affected: IC 5-2-6; IC 9-13-2; IC 9-24; IC 20-19-2-8;
IC 20-25-13-5; IC 20-27-8-10; IC 20-28-11-4; IC 20-32-5-17;
IC 20-33-3.
Synopsis: Commission on driver education. Establishes the Indiana
driver's education commission, charged with consulting and advising
the Indiana criminal justice institute and recommending the adoption,
amendment, or repeal of rules concerning driver education. Requires
the Indiana criminal justice institute to administer the licensing of: (1)
approved driver education courses; (2) approved motorcycle driver
education and training courses; and (3) truck driving training schools.
Transfers rules adopted by the state board of education, the Indiana
commission on proprietary education, and the bureau of motor vehicles
concerning driver education programs to the Indiana criminal justice
institute. Makes conforming amendments.
Effective: Upon passage; July 1, 2010.
January 12, 2010, read first time and referred to Committee on Roads and Transportation.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
motor vehicles.
(1) Evaluate state and local programs associated with:
(A) the prevention, detection, and solution of criminal offenses;
(B) law enforcement; and
(C) the administration of criminal and juvenile justice.
(2) Improve and coordinate all aspects of law enforcement, juvenile justice, and criminal justice in this state.
(3) Stimulate criminal and juvenile justice research.
(4) Develop new methods for the prevention and reduction of crime.
(5) Prepare applications for funds under the Omnibus Act and the Juvenile Justice Act.
(6) Administer victim and witness assistance funds.
(7) Administer the traffic safety functions assigned to the institute
under IC 9-27-2.
(8) Compile and analyze information and disseminate the
information to persons who make criminal justice decisions in this
state.
(9) Serve as the criminal justice statistical analysis center for this
state.
(10) Identify grants and other funds that can be used by the
department of correction to carry out its responsibilities
concerning sex or violent offender registration under IC 11-8-8.
(11) Administer the application and approval process for
designating an area of a consolidated or second class city as a
public safety improvement area under IC 36-8-19.5.
(12) Develop and maintain a meth watch program to inform
retailers and the public about illicit methamphetamine production,
distribution, and use in Indiana.
(13) Establish, maintain, and operate, subject to specific
appropriation by the general assembly, a web site containing a list
of properties (as defined in IC 5-2-6-19(b)) that have been used
as the site of a methamphetamine laboratory.
(14) Develop and manage the gang crime witness protection
program established by section 21 of this chapter.
(15) Identify grants and other funds that can be used to fund the
gang crime witness protection program.
(16) After December 31, 2008, Administer the licensing of:
(A) commercial driver training schools; and
(B) instructors at commercial driver training schools.
(17) Administer any sexual offense services.
(18) Administer domestic violence programs.
(19) Administer assistance to victims of human sexual trafficking
offenses as provided in IC 35-42-3.5-4.
(20) Administer the domestic violence prevention and treatment
fund under IC 5-2-6.7.
(21) Administer the family violence and victim assistance fund
under IC 5-2-6.8.
(22) After December 31, 2010, administer the licensing of:
(A) approved driver education courses (as defined in
IC 9-13-2-4);
(B) approved motorcycle driver education and training
courses (as defined in IC 9-13-2-5); and
(C) truck driving training schools (as defined in
IC 9-13-2-188.5).
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]: Sec. 24. (a) As used in this section, "commission" refers
to the Indiana driver's education commission established by
subsection (b).
(b) The Indiana driver's education commission is established to
advise the executive director of the institute in the administration
of this article.
(c) The commission is composed of eight (8) members as follows:
(1) One (1) member to be appointed by the commissioner of
the bureau of motor vehicles.
(2) One (1) member to be appointed by the state
superintendent of public instruction.
(3) One (1) member to be appointed by the executive director
of the institute.
(4) Five (5) members to be appointed by the governor of
whom:
(A) one (1) member must be from the field of law
enforcement;
(B) two (2) members must be providers of driver education
in a public school; and
(C) two (2) members must be representatives of
commercial driver training schools (as defined in
IC 5-2-6.5-5).
(d) A member of the commission appointed under subsection (c)
serves a three (3) year term. A person may not serve more than two
(2) consecutive full terms. Each appointed member serves until the
member's successor is duly appointed and qualified.
(e) A member of the commission may be removed for good
cause.
(f) A vacancy on the commission shall be filled by appointment
for the unexpired term by the individual making the original
appointment.
(g) A member of the commission is entitled to receive the
expenses and per diem allowed by law.
(h) The members of the commission shall annually elect a
chairperson of the commission from among the members at the
first meeting of the year.
(i) The commission shall meet during the first month of each
year. Additional meetings may be convened upon the written
request of any three (3) members.
(j) Five (5) members of the commission constitute a quorum for
doing business. The majority vote of the members of the quorum,
present and voting, is required for the passage of a matter put to
a vote of the commission.
(k) The commission is vested with the following powers:
(1) To consult with and advise the institute.
(2) To recommend the adoption, amendment, or repeal of
rules, including the following:
(A) Driver education objectives.
(B) Driver education program requirements.
(C) Driver education curricula.
(D) Driver education instructor qualifications.
(b) To establish or operate an approved driver education course, a driver education school must obtain a driver education program license from the institute in the manner and form prescribed by the institute.
(c) The institute shall determine by rule under IC 4-22-2 the manner of establishment and maintenance of minimum standards for driver education programs (including classroom instruction and practice driving), schools, and equipment. Classroom instruction standards established under this subsection must include instruction concerning:
(1) railroad-highway grade crossing safety; and
(2) the procedure for participation in the human organ donor program;
and must provide that the classroom instruction may not be provided to a child who is less than fifteen (15) years and one hundred eighty (180) days of age.
(b) To establish or operate an approved motorcycle driver education and training course, a motorcycle driver education school must obtain a motorcycle driver education and training school license from the institute in the manner and form prescribed by the institute.
(c) The institute shall adopt rules under IC 4-22-2 that state the requirements for:
(1) obtaining a motorcycle driver education and training school license;
(2) obtaining a certification to teach motorcycle driver education; and
(3) motorcycle operator safety education courses.
The rules must provide that a student in a motorcycle operator safety education course must be at least fifteen (15) years of age.
(b) To establish or operate a truck driving training school, a school must obtain a truck driver training school license from the institute in the manner and form prescribed by the institute.
(c) The institute shall adopt rules under IC 4-22-2 that state the requirements for obtaining a truck driver training school license.
Indiana criminal justice institute.
(1) a course offered by a public or private secondary school, a new motorcycle dealer, or other driver education school offering motorcycle driver training as developed and approved by the
(2) a course that is offered by a commercial driving school or new motorcycle dealer and that is approved by the
(1) educates or trains a person; or
(2) prepares a person for an examination or a validation given by the bureau;
to operate a truck as a vocation.
(1) of a student's completion of a course of the truck driver training school immediately after the student completes the course; or
(2) of the termination of a student's instruction in the truck driver training school immediately after the student's instruction
terminates.
(b) In addition to satisfying the requirements of IC 21-17-3-12(a),
the owner of a truck driver training school must retain records relating
to each student of the truck driver training school for not less than six
(6) years.
(b) A:
(1) student of a truck driver training school; and
(2) truck driver training school;
are subject to applicable rules adopted by the department of state revenue.
(1) Is at least fifteen (15) years of age.
(2) Is enrolled in an approved motorcycle driver education and training course.
(3) Presents a certificate of enrollment to the bureau.
(4) Is not ineligible under IC 9-24-2-1.
(b) The bureau shall validate a temporary motorcycle learner's permit upon certification by the instructor of an approved motorcycle driver education and training course that the holder has satisfactorily completed the course and passed the written test described in section 4 of this chapter.
(c) The holder of a validated temporary motorcycle learner's permit may only operate a motorcycle under the following conditions:
(1) The holder must wear a helmet that meets the standards established by the United States Department of Transportation under 49 CFR 571.218 as in effect January 1, 1979.
(2) The motorcycle may be operated only during daylight hours.
(3) The motorcycle may not carry passengers other than the operator.
(4) The holder must be under the supervision of a licensed motorcycle operator who must be at least eighteen (18) years of age.
(d) A temporary motorcycle learner's permit authorizes the permit
holder to operate a motorcycle upon a highway while enrolled in an
approved motorcycle driver education and training course and only
when the holder is under the direct supervision of an instructor who has
received training in the use and operation of motorcycles and who has
been
(1) certified to teach motorcycle driver education by the state
board of education; or
(2) approved as a motorcycle instructor by the bureau of motor
vehicles. Indiana criminal justice institute.
(1) issue a motorcycle operator's license; or
(2) validate an operator's, a chauffeur's, or a public passenger chauffeur's license for motorcycle operation upon a highway by endorsement;
to a person who meets the conditions in subsection (b).
(b) A person must meet at least one (1) of the following conditions to obtain a license or validation under subsection (a):
(1) Satisfactorily complete the written test, hold a motorcycle learner's permit for at least thirty (30) days, and:
(A) satisfactorily complete an approved operational skills test; or
(B) satisfactorily complete a motorcycle operator safety education course approved by the
(2) Hold a current motorcycle operator endorsement or motorcycle operator's license from any other jurisdiction and successfully complete the written test.
(c) The bureau may not issue a motorcycle operator's license or endorsement to an individual less than sixteen (16) years and thirty (30) days of age.
(d) If an applicant for a motorcycle license or license endorsement is less than eighteen (18) years of age, the bureau may not issue a license or validate a license described in subsection (a) if the applicant is ineligible under IC 9-24-2-1.
(e) The bureau shall develop and implement both a written test and an operational skills test that must be designed to determine whether an applicant for a motorcycle operator's license or endorsement is competent to operate a motorcycle upon a highway. The written test must be made available at license branch locations approved by the
bureau. The operational skills test must be given at locations
designated by the bureau. The bureau shall adopt rules by July 1, 2007,
under IC 4-22-2 to establish standards for persons administering
operational skills tests and the provisions of the operational skills test.
An individual applying for a motorcycle operator's license or
endorsement must pass the written exam before taking the operational
skills test. If an applicant fails to satisfactorily complete either the
written or operational tests, the applicant may reapply for and must be
offered the examination upon the same terms and conditions as
applicants may reapply for and be offered examinations for an
operator's license. The bureau shall publish and make available at all
locations where an individual may apply for an operator's license
information concerning motorcycle operator licensing or endorsement.
(f) An individual who:
(1) has held a motorcycle learner's permit for at least thirty (30)
days; or
(2) holds a temporary motorcycle learner's permit, has
successfully completed an approved motorcycle driver education
and training course, and possesses a valid operator's, chauffeur's,
or public passenger chauffeur's license;
may apply for a motorcycle operator's license or endorsement not later
than the expiration date of the holder's permit. However, not more than
three (3) examinations may be allowed a holder during the period the
permit is valid. A holder of a learner's permit or a temporary learner's
permit who does not pass the written and operating skills examination
during the period for which the permit is valid must obtain a new
learner's permit.
(1) The designation and employment of the employees and consultants necessary for the department. The state board shall fix the compensation of employees of the department, subject to the approval of the budget committee and the governor under IC 4-12-2.
(2) The establishment and maintenance of standards and guidelines for media centers, libraries, instructional materials centers, or any other area or system of areas in a school where a full range of information sources, associated equipment, and services from professional media staff are accessible to the school
community. With regard to library automation systems, the state
board may only adopt rules that meet the standards established by
the state library board for library automation systems under
IC 4-23-7.1-11(b).
(3) The establishment and maintenance of standards for student
personnel and guidance services.
(4) The establishment and maintenance of minimum standards for
driver education programs (including classroom instruction and
practice driving) and equipment. Classroom instruction standards
established under this subdivision must include instruction about:
(A) railroad-highway grade crossing safety; and
(B) the procedure for participation in the human organ donor
program;
and must provide, effective July 1, 2010, that the classroom
instruction may not be provided to a child less than fifteen (15)
years and one hundred eighty (180) days of age.
(5) (4) The inspection of all public schools in Indiana to
determine the condition of the schools. The state board shall
establish standards governing the accreditation of public schools.
Observance of:
(A) IC 20-31-4;
(B) IC 20-28-5-2;
(C) IC 20-28-6-3 through IC 20-28-6-7;
(D) IC 20-28-9-7 and IC 20-28-9-8;
(E) IC 20-28-11; and
(F) IC 20-31-3, IC 20-32-4, IC 20-32-5, IC 20-32-6, and
IC 20-32-8;
is a prerequisite to the accreditation of a school. Local public
school officials shall make the reports required of them and
otherwise cooperate with the state board regarding required
inspections. Nonpublic schools may also request the inspection
for classification purposes. Compliance with the building and site
guidelines adopted by the state board is not a prerequisite of
accreditation.
(6) (5) Subject to section 9 of this chapter, the adoption and
approval of textbooks under IC 20-20-5.
(7) (6) The distribution of funds and revenues appropriated for the
support of schools in the state.
(8) (7) The state board may not establish an accreditation system
for nonpublic schools that is less stringent than the accreditation
system for public schools.
(9) (8) A separate system for recognizing nonpublic schools under
IC 20-19-2-10. Recognition of nonpublic schools under this
subdivision constitutes the system of regulatory standards that
apply to nonpublic schools that seek to qualify for the system of
recognition.
(10) (9) The establishment and enforcement of standards and
guidelines concerning the safety of students participating in
cheerleading activities.
(b) Before final adoption of any rule, the state board shall make a
finding on the estimated fiscal impact that the rule will have on school
corporations.
(b) Course attendance must be completed:
(1) before the assignment of an individual required to take the course as a school bus driver; or
(2) if immediate assignment is necessary, upon the completion of the next scheduled course following the assignment.
(c) The
JULY 1, 2010]: Sec. 17. (a) If a nonpublic school seeks accreditation
as authorized under IC 20-19-2-8(a)(5), IC 20-19-2-8(a)(4), the
governing body of the nonpublic school is entitled to acquire at no
charge from the department:
(1) the ISTEP program test; and
(2) the scoring reports used by the department.
(b) The nonpublic school seeking accreditation must:
(1) administer the ISTEP program test to its students at the same
time that school corporations administer the test; and
(2) make available to the department the results of the ISTEP
program testing.
(b) A child less than eighteen (18) years of age who is a resident of Indiana and who requires an employment certificate shall obtain the employment certificate from the issuing officer of the:
(1) accredited school (as described in
(2) school corporation in which the child resides.
(c) A child less than eighteen (18) years of age who is not a resident of Indiana and who requires an employment certificate to work in Indiana shall obtain the certificate from the issuing officer of the school corporation in which the child is:
(1) employed; or
(2) seeking employment.
The judge of a court with juvenile jurisdiction may suspend the application of this chapter in cases involving juvenile delinquents or incorrigibles whenever, in the opinion of the judge, the welfare of a child warrants this action.
(1) a guidance counselor;
(2) a school social worker; or
(3) an attendance officer for the school corporation and a teacher licensed by the division of professional standards of the department under IC 20-28-4 or IC 20-28-5;
and designated in writing by the principal.
(b) During the times in which the individual described in subsection (a) is not employed by the school or when school is not in session, there shall be an issuing officer available:
(1) who is a teacher licensed by the division of professional standards of the department under IC 20-28-4 or IC 20-28-5; and
(2) whose identity and hours of work shall be determined by the principal.
(b) Notwithstanding IC 5-2-6-25, IC 5-2-6-26, and IC 5-2-6-27, all as added by this act, the institute shall carry out the duties imposed upon the institute under IC 5-2-6-25, IC 5-2-6-26, and IC 5-2-6-27, all as added by this act, under interim written guidelines approved by the executive director of the institute.
(c) This SECTION expires on the earlier of the following:
(1) The date rules are adopted under IC 5-2-6-25, IC 5-2-6-26, and IC 5-2-6-27, all as added by this act.
(2) December 31, 2011.
