View Amendment Current Amendment: 1 to Bill 3219

The Committee on Education and Public Works proposes the following Amendment No. to H. 3219 (COUNCIL\VR\3219C001.CC.VR21):

Reference is to the bill as introduced.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ SECTION 1. Article 1, Chapter 7, Title 63 of the 1976 Code is amended by adding:

"Section 63-7-35.( A)To the extent that specific state funding is appropriated to the department by the General Assembly for this purpose, the department shall establish a program to pay the costs of a driver's education program approved by the department and, upon successful completion of the program, the driver's license fee and motor vehicle insurance, up to a maximum limit of two thousand dollars per child, per twelve-month period, for a child fifteen to eighteen years of age in the care, custody, or guardianship of the department pursuant to this chapter.

(B) If a caregiver, or an individual or not-for-profit entity approved by the caregiver, adds a child to his existing insurance policy, the amount reimbursed by the program to the caregiver or approved purchaser may not exceed the increase in cost attributable to the addition of the child to the policy, up to a maximum limit of two thousand dollars per child, per twelve-month period.

(C) Payments or reimbursements up to the maximum limit must be made to eligible recipients in the order of eligibility until appropriated program funds are exhausted.

(D) If a child who is determined to be eligible exits the care, custody, or guardianship of the department to a permanent home, the program may pay for that child to complete a driver's education program and obtain a driver's license for up to six months after the date the child reaches permanency status. A child continuing in the care, custody, or guardianship of the department after eighteen years of age as authorized by the department may be eligible to have the additional costs set forth in subsection (A) according to the department's policies and programs for young adults in the care, custody, or guardianship of the department.

(E) The department shall develop procedures for operating and administering the program including, but not limited to:

(1) determining eligibility, including responsibilities for the child and caregiver;

(2) notifying eligible children, caregivers, group homes, and residential programs about the program;

(3) providing technical assistance to lead agencies, providers, group homes, and residential programs to support removing obstacles that prevent children in the care, custody, or guardianship of the department from driving; and

(4) publicizing the program, engaging in outreach, and providing incentives to youth participating in the program to encourage the greatest number of eligible children to obtain drivers ' licenses."

SECTION2. Section 56-1-110 of the 1976 Code is amended to read:

"Section 56-1-110.Any negligence or wilful misconduct of a minor when driving a motor vehicle upon a highway must be imputed to the person who has signed the application of such the minor for a beginner's permit, instruction permit, or driver's license, which and the person is jointly and severally liable with such the minor for any damage caused by such the negligence or wilful misconduct, except that if such the minor is protected by a policy of liability insurance in the form and in the amounts as required under Chapter 9 of this title and Sections 38-77-140 through 38-77-310, then such parent or guardian or other responsible adult the person responsible for the unemancipated minor's welfare is not subject to the liability otherwise imposed under pursuant to this section. In addition, if the person who signed the application is a caregiver, as that term is defined in Section 63-7-20, the person is immune from and not subject to liability otherwise imposed pursuant to this section to the extent provided in Section 63-7-2310(I)."

SECTION3. Section 63-7-2310 of the 1976 Code is amended by adding:

"(I) A caregiver is not liable for harm caused to or by a child in foster care who participates in an activity insofar as the caregiver acted in accordance with the reasonable and prudent parent standard pursuant to Sections 63-7-20 and 63-7-25."

SECTION 4. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:

"Section 56-1-142. In accordance with Section 63-7-25, the Department of Motor Vehicles must waive the following fees for applicants who are at least fifteen years of age and less than nineteen years of age if those applicants present proof from the Department of Social Services that they are in the care, custody, or guardianship of the department pursuant to Chapter 7, Title 63:

(1) the beginner 's permit fee referenced in Section 56-1-50(D);

(2) the fee for a knowledge examination referenced in Section 56-1-130(A);

(3) the fee for the first eight-year driver's license referenced in Section 56-1-140(A); and

(4) the fee for the first identification card referenced in Section 56-1-3350(C)(1)."

SECTION 5.This act takes effect one hundred and eighty days after approval by the Governor. /