Bill Text: CT SB00341 | 2010 | General Assembly | Comm Sub
Bill Title: An Act Concerning The Licensing Of Drivers' Schools And Driving Instructors.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-04-27 - Favorable Report, Tabled for the Calendar, Senate [SB00341 Detail]
Download: Connecticut-2010-SB00341-Comm_Sub.html
General Assembly |
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February Session, 2010 |
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AN ACT CONCERNING THE LICENSING OF DRIVERS' SCHOOLS AND DRIVING INSTRUCTORS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 14-69 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2010):
(a) No person shall engage in the business of conducting a drivers' school without being licensed [therefor] by the [commissioner] Commissioner of Motor Vehicles. [Application therefor] An application for a license shall be in writing and shall contain such information as the commissioner requires. Each applicant for a license shall be fingerprinted before such application is approved. The commissioner shall subject each applicant for a license or the renewal of a license to state and national criminal history records checks conducted in accordance with section 29-17a, and a check of the state child abuse and neglect registry established pursuant to section 17a-101k. If any such applicant has a criminal record or is listed on the state child abuse and neglect registry, the commissioner shall make a determination of whether to issue or renew a license to conduct a drivers' school in accordance with the standards and procedures set forth in section 14-44 and the regulations adopted pursuant to said section. If the application is approved, the applicant shall be granted a license upon the payment of a fee of three hundred fifty dollars and a deposit with the commissioner of cash or a bond of a surety company authorized to do business in this state, conditioned on the faithful performance by the applicant of any contract to furnish instruction, in either case in such amount as the commissioner may require, such cash or bond to be held by the commissioner to satisfy any execution issued against such school in a cause arising out of failure of such school to perform such contract. For each additional place of business of such school, the commissioner shall charge a fee of eighty-eight dollars. No license shall be required in the case of any board of education, or any public, private or parochial school, which conducts a course in driver education established in accordance with sections 14-36e and 14-36f. A license so issued shall be valid [during the calendar year] for one year. [The annual fee for renewal shall be the same amount and the same deposit of security shall be required.] The commissioner shall issue a license certificate or certificates to each licensee, one of which shall be displayed in each place of business of the licensee. In case of the loss, mutilation or destruction of a certificate, the commissioner shall issue a duplicate upon proof of the facts and the payment of a fee of twenty dollars.
(b) The annual fee for the renewal of a license shall be three hundred fifty dollars and the annual renewal fee for each additional place of business shall be eighty-eight dollars. If the commissioner has not received a complete renewal application and all applicable renewal fees on or before the expiration date of an applicant's license, the commissioner shall charge such applicant, in addition to such renewal fees, a late fee of three hundred fifty dollars.
Sec. 2. Section 14-73 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2010):
(a) No person shall be employed by any such school licensee to give instruction in driving a motor vehicle unless such person is licensed to act as an instructor by the commissioner.
(b) Application for an instructor's license shall be in writing and shall contain such information as the commissioner requires. [The] Each applicant for a license shall be fingerprinted and shall furnish evidence satisfactory to the commissioner that such applicant (1) is of good moral character considering such person's state and national criminal [record] history records checks conducted in accordance with section 29-17a, and record, if any, on the state child abuse and neglect registry established pursuant to section 17a-101k. [, as obtained and reviewed by the commissioner in accordance with the standards of section 14-44;] If any applicant for a license or the renewal of a license has a criminal record or is listed on the state child abuse and neglect registry, the commissioner shall make a determination of whether to issue or renew an instructor's license in accordance with the standards and procedures set forth in section 14-44 and the regulations adopted pursuant to said section; (2) has held a license to drive a motor vehicle for the past four consecutive years and has a driving record satisfactory to the commissioner, including no record of a conviction or administrative license suspension for a drug or alcohol-related offense during such four-year period; (3) has had a recent medical examination by a physician licensed to practice within the state and the physician certifies that the applicant is physically fit to operate a motor vehicle and instruct in driving; (4) has received a high school diploma or has an equivalent academic education; and (5) has completed an instructor training course of forty-five clock hours given by a school or agency approved by the commissioner, except that any such course given by an institution under the jurisdiction of the board of trustees of the Connecticut State University System [must] shall be approved by the commissioner and the State Board of Education. During the period of licensure, an instructor shall notify the commissioner, within forty-eight hours, of an arrest or conviction for a misdemeanor or felony, or an arrest, conviction or administrative license suspension for a drug or alcohol-related offense.
(c) The commissioner may deny the application of any person for an instructor's license if he determines that the applicant has made a material false statement or concealed a material fact in connection with his application for the instructor's license.
(d) The commissioner shall conduct such written, oral and practical examinations as he deems necessary to determine whether an applicant has sufficient skill in the operation of motor vehicles to ensure their safe operation, a satisfactory knowledge of the motor vehicle laws and the ability to impart such skill and knowledge to others. If the applicant successfully completes the examinations and meets all other requirements of this section, the commissioner shall [cause him to be fingerprinted and shall] issue [to him] an instructor's license to such applicant. The license shall be valid for use only in connection with the business of the drivers' school or schools listed on the license. If the applicant fails the examination, [he] such applicant may apply for reexamination after [three months have elapsed] one month. The license and the license renewal shall be valid for [the calendar] one year. [within which it is issued, and renewals shall be for succeeding calendar years.]
(e) The licensee shall be reexamined periodically in accordance with standards specified in regulations adopted under section 14-78, as amended by this act. Persons licensed for the first time as instructors shall, in the three years following their initial licensure, attend seminars, annually, in traffic safety sponsored by the Department of Motor Vehicles or take an advanced instructor course of not less than forty-five clock hours in traffic safety [. The course shall have been] approved by the commissioner. Proof of compliance with the requirement for attendance at seminars or the taking of instruction shall be made before license renewals are issued. The seminars shall be self-sustaining.
(f) The commissioner may establish, by regulations adopted in accordance with the provisions of chapter 54, standards and procedures for the training and licensing of master instructors who are qualified to train driving instructors. The provisions of subsection (b) of this section and section 14-74, as amended by this act, shall apply to master instructors.
[(f)] (g) The fee for an instructor's license, or for any renewal thereof, shall be fifty dollars. The fee for a master instructor's license, or for any renewal thereof, shall be one hundred dollars. If the commissioner has not received a complete renewal application and fee on or before the expiration date of an applicant's license, such applicant shall be charged, in addition to the renewal fee, a late fee in an amount equal to the fee for such applicant's license.
Sec. 3. Section 14-74 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The commissioner may suspend, revoke or refuse to renew any instructor's license if: [(a)] (1) The licensee has made a material false statement or concealed a material fact in connection with his application for the license or any renewal thereof; [(b)] (2) the licensee has failed to comply with any of the provisions of [this] part IV of chapter 246 or any of the regulations [of] adopted by the commissioner, [establishing instructional standards of procedure,] in accordance with the provisions of chapter 54, pursuant to said part IV; or [(c)] (3) the licensee has been guilty of fraud or fraudulent practices in relation to securing for himself or another a license to drive a motor vehicle.
Sec. 4. Section 14-78 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
The commissioner may adopt regulations, in accordance with chapter 54, for (1) the conduct of drivers' schools, including, but not limited to, requirements as to the inspection of the vehicles used by the drivers' schools in the conduct of their business, instructional standards and procedures, including instruction of not less than fifteen minutes concerning the responsibilities of an operator of a motor vehicle under subsection (b) of section 14-223 and the penalty for a violation of the provisions of said subsection (b), the posting of rates charged for instruction, and the general form in which records shall be kept concerning persons under instruction and those who have completed their course of instruction, and (2) the establishment of requirements for a person to receive a license as an instructor in accordance with section 14-73, as amended by this act. [The regulations shall require that the commissioner issue a license to any person who meets the requirements of section 14-73 to act as an instructor in a classroom only, and not as an instructor behind the wheel of a vehicle, provided (A) the person has sufficient experience, as specified in the regulations, either in public safety, including, but not limited to, experience as a police officer or firefighter, or as a teacher, and (B) the person completes instructor training, as specified in the regulations] On and after October 1, 2010, the commissioner shall not issue a license that is limited to classroom instruction. Any person who was issued such limited license prior to October 1, 2010, may maintain and renew such license.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
July 1, 2010 |
14-69 |
Sec. 2 |
October 1, 2010 |
14-73 |
Sec. 3 |
from passage |
14-74 |
Sec. 4 |
from passage |
14-78 |
TRA |
Joint Favorable Subst. |
|
PS |
Joint Favorable |