HOUSE BILL NO. 601

INTRODUCED BY S. ANDERSON, D. ADAMS, J. BARNETT, G. BECK, S. BOOKOUT-REINICKE, M. BRAINARD, R. CLARK, G. GOLIE, M. HANSON, D. HEDGES, C. JUNEAU, G. MATTHEWS, F. SMITH, R. SOMERVILLE, C. TREXLER

BY REQUEST OF THE HOUSE TRANSPORATION STANDING COMMITTEE

A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING THE SUPERINTENDENT OF PUBLIC INSTRUCTION TO ADOPT RULES ESTABLISHING CERTIFICATION REQUIREMENTS FOR PRIVATE TRAFFIC EDUCATION INSTRUCTORS; AMENDING SECTION 20-7-502, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 20-7-502, MCA, is amended to read:

"20-7-502. Duties of superintendent of public instruction. (1) The superintendent of public instruction shall:

(a) develop, administer, and supervise a program of instruction in traffic education;

(b) establish basic course requirements in instruction for traffic education;

(c) establish the qualifications for a teacher of traffic education and an instructor of motorcycle safety training. Qualifications for an instructor of motorcycle safety training must be based upon national standards promulgated by the motorcycle safety foundation or a similar organization recognized by the superintendent.

(d) approve teachers of traffic education and instructors of motorcycle safety training when the teachers or instructors are qualified;

(e) establish criteria for traffic education and motorcycle safety training course approval based on the basic course requirements, teacher of traffic education qualifications, and the requirements of law;

(f) approve traffic education courses when the courses meet the criteria for approval;

(g) promulgate a policy for the distribution of the traffic education money to approved traffic education courses and annually order the distribution of the proceeds of the traffic education account in the manner required by law;

(h) assist districts with the conduct of traffic education; and

(i) periodically conduct onsite driver education program reviews and motorcycle safety training course monitoring.

(2) (a) The superintendent of public instruction shall adopt rules that establish certification requirements for private traffic education instructors. Except as provided in subsection (2)(b), the rules must provide similar requirements for private instructors as those provided for pursuant to subsection (1)(c). An individual who meets certification requirements is authorized to provide traffic education instruction.

(b) The superintendent of public instruction may not require in the rules developed pursuant to subsection (2)(a) that:

(i) a private traffic education instructor have a valid Montana teaching certificate;

(ii) the classroom instruction be provided in a room having particular characteristics or equipment; or

(iii) the vehicle used for behind-the-wheel instruction have equipment other than the equipment otherwise required by law for operating a vehicle on a public highway."

NEW SECTION. Section 2. Effective date. [This act] is effective on passage and approval.

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