FOR AN ACT ENTITLED, An Act to  establish requirements and procedures for the certification of parent-taught driver education courses and to allow parents to teach driver education to their qualified children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section 1.  That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     Terms used in this Act mean:

             (1)    "Department," the Department of Public Safety;

             (2)    "Parent," the biological parent, adoptive parent, parent by marriage, or legal guardian of the student;

             (3)    "Parent instructor," a parent accepted by the department to teach a parent-taught driver education course;

             (4)    "Parent-taught driver education course," a course of driver education instruction to be taught to a student by his or her parent, which is certified by the department;

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             (5)    "Parent-taught driver education provider," an individual, organization, or other entity who is approved and certified by the department to offer curriculum and material for parent-taught driver education courses;

             (6)    "Student," an individual who is at least fourteen years of age and has been issued an instruction permit;

             (7)    "Vehicle," the car, pickup, van, minivan, or sport utility vehicle used to conduct the behind-the-wheel portion of a parent-taught driver education course.
     Section 2.  That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     To be certified as a parent-taught driver education provider, an individual, organization, or other entity must meet the following requirements:

             (1)    Have offered parent-taught driver education, for the previous two years, or have been a licensed driver education instructor or commercial driving school instructor for five years immediately preceding the application date;

             (2)    Submit an application to the department on a form prescribed by the department;

             (3)    Furnish the department with curriculum which should meet or exceed the course of study prescribed by the Department of Education. If the applicant is approved and certified by the department as a parent-taught driver education provider, the curriculum may not be changed in any manner without prior approval from the department;

             (4)    Furnish the department with the complete costs to be charged to a customer for the course, along with a blank copy of the contract or application intended for use with the course. If the applicant is approved and certified by the department as a parent-taught driver education provider, no changes in costs or to the contract shall

be made without prior notification to and approval and certification by the department;

             (5)    Have a built-in comprehensive monitoring system to assure quality control of the instruction of course materials, both classroom and behind-the-wheel instruction. The phrase, comprehensive monitoring program, means a system of monitoring the progress of the instruction by the parent instructor so that the provider can certify the validity of the training.
     Section 3.  That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     Any parent-taught driver education provider approved and certified by the department shall, upon certification and during the period of certification:

             (1)    Include with the course, at no additional cost to the customer, a minimum of a two million dollar liability insurance policy, and a one million dollar professional liability insurance policy. The policies shall cover providers while in the performance of behind-the-wheel instruction and shall be supplemental to required insurance provided by the parent or owner of the vehicle. The provider shall agree to hold harmless and free from any liability the department, any of the department's employees, and the State of South Dakota;

             (2)    Maintain a surety bond, specifically and individually in the name of the State of South Dakota, in the amount of ten thousand dollars. If the provider is unable to meet its contractual obligations with South Dakota parents who have purchased a parent-taught driver education course from the provider, the bond will be forfeited for the purpose of disbursing reimbursements for all outstanding contracts of the provider which were entered into pursuant to this Act;

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             (3)    Furnish the department, at times and in a manner agreed to by the department and the provider, with a listing of all approved applications, whether the course is completed or not;

             (4)    Provide the student with a completion certificate, bearing the seal of the provider, upon successful completion of the course by the student;

             (5)    Maintain all records received from students and parents pertaining to this Act, including correspondence, applications, contracts, and test answer sheets. All records shall be segregated by individual student, and all records for each student shall be maintained by the provider for at least one year; and

             (6)    Agree to:

             (a)    Allow access by the department to all records maintained by the provider for each student, for purposes of monitoring and auditing;

             (b)    Ensure that no behind-the-wheel instruction is recognized if the student fails to first obtain an instruction permit from the department;

             (c)    Provide immediate written notification to the department of any impropriety or misconduct of any parent teaching a parent-taught driver education course;

             (d)    Acknowledge that the department reserves the right to take prompt and appropriate remedial action against the certification of any parent instructor or parent-taught driver education provider who fails to comply with any state law regarding a parent-taught driver education course;

             (e)    Maintain curriculum meeting the standards established by the Department of Education;

             (f)    Allow a department representative to conduct on-site compliance inspections, as necessary to review records and to observe procedures. All records must be

accessible during normal business hours of the parent-taught driver education provider for inspection upon request by a department representative; and

             (g)    Provide the department with brochures about the course for distribution to interested parents and students. Information contained in the brochure shall include the cost of the course, a description of the course, and a contract or application for the course.
     Section 4.  That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     Parent-taught driver education provider applications shall be requested from the department to apply for certification as a parent-taught driver education provider. The applying parent-taught driver education provider shall provide the following information:

             (1)    Date of application;

             (2)    Name of parent-taught driver education provider institution;

             (3)    Complete school physical address and mailing address;

             (4)    Name of administrator;

             (5)    Statement of agreement to comply with rules of the department and with the provisions of any contract entered into between the provider and a parent; and

             (6)    Signature of administrator.

     No renewal of the certification is required. However, the department may cancel the certification as provided in section 18 of this Act.
     Section 5.  That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     The provider shall notify the department immediately, in writing, of any changes to the information on the original application for certification. The provider shall temporarily suspend

the sale of courses to any new applicants until the department has approved the changes. If a change of ownership occurs, the department reserves the right to request the provider to halt all future business as a parent-taught driver education provider and to reapply for certification.
     Section 6.  That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     Prior to teaching a parent-taught driver education course, a parent shall request a parent-taught driver education packet from the department. The packet shall contain:

             (1)    A list of approved parent-taught driver education providers and the cost of their respective courses;

             (2)    Brochures from the parent-taught driver education providers describing their courses;

             (3)    An application for each parent-taught driver education provider; and

             (4)    An affidavit to be completed and returned to the department prior to commencement of behind-the-wheel training by a parent instructor.
     Section 7.  That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     A parent-taught driver education course must be instructed by a parent who has a valid driver license, which shall be in the parent instructor's possession at all times while performing behind-the-wheel instruction. No parent instructor may provide instruction if his or her driving privileges and driver license have been suspended, canceled, revoked, or denied within the past twelve months; if the parent instructor has been convicted of possession or use of alcohol or drugs within the past twelve months; or if the parent instructor has any administrative action pending before the department. A parent instructor shall exercise all due caution while instructing a behind-the-wheel session, taking into account the alertness and responsiveness of the student; the traffic, weather, atmospheric, and road conditions; the time of day; and any other

factors the parent deems may adversely influence the ability of the student to perform safely during the behind-the-wheel session.
     Section 8.  That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     The student must have an instruction permit prior to the commencement of any behind-the-wheel training. The permit shall be in the student's possession at all times while performing behind-the-wheel training.
     Section 9.  That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     Behind-the-wheel instruction and training of a parent-taught driver education course may only be given to a student named in the affidavit and performed in a vehicle listed on the affidavit submitted to the department. Any vehicle listed shall be properly registered and display a valid license plate and comply with the proof of financial responsibility requirements in chapter 32-35.
     Section 10.  That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     No more than two parent instructors and no more than two students may be present in any vehicle being used for behind-the-wheel instruction in a parent-taught driver education course.
     Section 11.  That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     Any parent claiming to be a parent instructor shall sign the required affidavit and submit it to the department. The affidavit shall contain the following information:

             (1)    For each parent desiring to be a parent-instructor, the full legal name, mailing address, and driver license number of the parent;

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             (2)    The name of the parent-taught driver education provider selected by the parent;

             (3)    The full legal name, mailing address, and instruction permit number or driver license number of the student;

             (4)    A description of each vehicle to be used for behind-the-wheel instruction, including:

             (a)    Make, model, and year;

             (b)    License plate number and expiration date; and

             (c)    Insurance company, policy number, and expiration date.

     Upon acceptance of the affidavit, the department shall return a copy of the affidavit, marked, Accepted, to the parent. No parent may begin the behind-the-wheel portion of a parent-taught driver education course until the affidavit has been accepted. The accepted affidavit shall be carried in the vehicle at all times it is being used for a behind-the-wheel session of an approved parent-taught driver education course.
     Section 12.  That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     The parent shall notify the department immediately, in writing, of any changes to the information on the accepted affidavit. The parent shall temporarily suspend the instruction of the parent-taught driver education course until the department has approved the changes.
     Section 13.  That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     A prescribed course of study and instruction, or curriculum, for parent-taught driver education shall be designed to develop and instill the knowledge, attitudes, habits, and skills necessary for the safe operation of motor vehicles, encompassing:

             (1)    Those provisions of state law relating to the operation of motor vehicles;

             (2)    Acceptance of personal responsibility in traffic; and

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             (3)    Appreciation of the causes, seriousness, and consequences of traffic collisions.
     Section 14.  That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     Any parent-taught driver education student shall receive a minimum of thirty hours of classroom instruction and a minimum of fifty-five hours of actual behind- the-wheel instruction in the vehicle accepted by the department, while accompanied by and under the supervision and instruction of a parent instructor accepted by the department.
     Section 15.  That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     The content of the parent-taught driver education course shall include instruction in the following:

             (1)    Signs, signals, highway markings, and highway design;

             (2)    Rules of the road, state laws, and local ordinances;

             (3)    Driving attitude toward motorcyclists, bicyclists, and pedestrians;

             (4)    Basic driving maneuvers;

             (5)    Operation of motor vehicle on streets and highways;

             (6)    Familiarity with the South Dakota Driver's Manual;

             (7)    Insurance laws of the state;

             (8)    Financial responsibility;

             (9)    Seat belt use and laws;

             (10)    Effects of natural laws on driving;

             (11)    Alcohol and drug substance abuse and the effect on driving;

             (12)    Basic vehicle maintenance including fluid levels, tire pressure, and lighting systems;

             (13)    Driving skills:

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             (a)    Starting;

             (b)    Backing;

             (c)    Parallel parking;

             (d)    Hill parking;

             (e)    Starting on hill;

             (f)    Intersection movement and observance;

             (g)    Lane observance and changing;

             (h)    Left and right turns;

             (i)    Pedestrian and vehicle right-of-way;

             (j)    Proper use of automatic or standard transmission, or both;

             (k)    Use of brake and accelerator;

             (l)    Traffic lights or signals.
     Section 16.  That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     A completion certificate shall be provided by and issued by the parent-taught driver education provider to each student upon the successful completion of course work, both classroom and behind-the-wheel. These certificates shall be computer generated, in a format agreed upon by the department and the provider, and shall contain the following:

             (1)    Name of the provider;

             (2)    Full legal name of student;

             (3)    Number of total hours of instruction, and a breakdown of in-class and in-car hours;

             (4)    Date of completion;

             (5)    Signature of administrator; and

             (6)    Embossed seal of provider.

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     Section 17.  That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     Certification of parent-taught driver education providers or acceptance of parent instructors granted under this Act may be terminated by either the department or the certified provider or parent instructor, by giving written notice to the other party, stating the cause or reason for termination.
     Section 18.  That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     The department may take action against a parent-taught driver education provider or provider applicant as follows:

             (1)    Cancel the certification of a parent-taught driver education provider for failure to comply with any provisions of state law, federal regulation, or department rule; or

             (2)    Deny certification to an individual, organization, or other entity applying for certification as a parent-taught driver education provider for failure to meet the requirements prescribed by this Act.
     Section 19.  That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     The department may take action against a parent instructor or a parent as follows:

             (1)    Cancel the acceptance of a parent instructor for failure to comply with any provisions of state law, federal regulation, or department rule;

             (2)    Deny acceptance to any parent applying for acceptance as a parent instructor for failure to meet the requirements prescribed by this Act.
     Section 20.  That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

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     Any of the following constitute automatic cancellation of the acceptance of parent instructors:

             (1)    Lapse in liability insurance on any vehicle listed in the affidavit;

             (2)    Suspension, revocation, cancellation, or denial of the driving privileges of any parent or student named in the affidavit;

             (3)    Lapse in the registration of any vehicle listed in the affidavit;

             (4)    Failure of any student named in the affidavit to meet school attendance requirements.
     Section 21.  That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     Any provider or provider applicant whose certification is cancelled or denied or any parent instructor or parent whose acceptance is cancelled or denied is not eligible to reapply for certification or acceptance for a period of six months from the date of cancellation or denial.
     Section 22.  That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     If a minor disqualification exists that may readily be rectified by the provider or parent, the department may informally notify the provider or parent by mail or telephone of the minor disqualification, with a request for compliance within a specified period of time. If the provider or parent fails to rectify the disqualification or violation, the department may proceed with any action for cancellation or denial.
     Section 23.  That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     Any provider or provider applicant whose certification is cancelled or denied or any parent instructor or parent whose acceptance is cancelled or denied may request a hearing with the department.

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     Section 24.  That chapter 32-12 be amended by adding thereto a NEW SECTION to read as follows:

     Successful completion of a parent-taught driver education course entitles the student to the same rights and privileges as a driver education course approved by the Department of Education or a driver education course determined by the secretary of public safety to be approved by another state.
     Section 25.  That § 32-12-12 be amended to read as follows:
     32-12-12.   A restricted minor's permit may be issued, upon application and payment of the proper fees as provided in § 32-12-16, to a minor at least fourteen years of age but less than eighteen years of age who has successfully passed all applicable tests and completed the requirements of an instruction permit as provided in § 32-12-11 or 32-12-11.1 and has not been convicted of a traffic violation during the past six months. For any such minor who has successfully completed a driver education course that has been approved by the Department of Education or a driver education course that the secretary of the department of public safety Department of Public Safety has determined has been approved by a state government agency in another state or a parent-taught driver education course certified by the Department of Public Safety , the required minimum time period for holding the instruction permit in order to qualify for the restricted minor's permit is ninety continuous days. A restricted minor's permit entitles the holder, while having the permit in immediate physical possession, to operate a motor vehicle during the hours of 6 a.m. to 10 p.m. standard time if the motor vehicle is being operated with the permission of the holder's parent or guardian and during the hours of 10 p.m. to 6 a.m. if the motor vehicle is being operated under the direction of the holder's parent or guardian who is occupying a seat beside the holder. The restrictions as to time of operation and operation under the direction of a parent or guardian do not apply to the holder of a valid restricted minor's

permit operating a self-propelled agricultural machine which is not subject to registration under chapter 32-5.