August 15, 2012, Introduced by Rep. Moss and referred to the Committee on Insurance.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 3a and 320d (MCL 257.3a and 257.320d), section
3a as added by 2008 PA 568 and section 320d as amended by 2010 PA
289.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3a. "Basic driver improvement course" means a course of
study that satisfies all of the following conditions:
(a) It meets or exceeds the curriculum standards set forth in
the defensive driving course instructor manual, eighth edition,
published by the national safety council.
(b) It provides documented evidence from a federal, state, or
local government agency of course effectiveness in reducing
collisions, moving violations, or both.
(c) It includes not less than 4 hours of instruction.
(d) (c)
It contains such other information
as is approved by
the secretary of state, with or without supporting DVD material,
and that is offered over the internet or through classroom
instruction.
Sec. 320d. (1) Notwithstanding section 320a, the secretary of
state shall not enter the points corresponding to a moving
violation committed in this state by an individual the secretary of
state determines to be eligible under this section on the
individual's driving record or make information concerning that
violation available to any insurance company if the individual
attends and successfully completes a basic driver improvement
course under this section and an approved sponsor provides a
certificate of successful completion of that course to the
secretary
of state within not more
than 60 days of after the
date
on which the secretary of state notified the individual that he or
she was eligible to take a basic driver improvement course.
(2) The secretary of state shall determine if an individual is
eligible under subsection (3) to attend a basic driver improvement
course upon receipt of an abstract of a moving violation. If the
secretary of state determines that an individual is eligible to
attend a basic driver improvement course, the secretary of state
shall do all of the following:
(a) Notify the individual of his or her eligibility by first-
class mail at the individual's last known address as indicated on
the
individual's operator's or chauffeur's license. , and inform
the
individual of the location of basic driver improvement courses,
and
inform the individual of the manner and time within which the
individual
is required to attend and complete a basic driver
improvement
course.
(b) Provide all eligible participants with information on how
to access a list of approved providers and basic driver improvement
course locations, including the secretary of state's website
address and telephone number to call for a paper copy of the list.
(c) (b)
If an approved sponsor does not
provide notice of
successful
completion of the course by the individual within the 60
days,
time prescribed in subsection
(1), the secretary of state
shall enter the points required under section 320a.
(3) An individual is ineligible to take a basic driver
improvement course if any of the following apply:
(a) The violation occurred while the individual was operating
a commercial motor vehicle or was licensed as a commercial driver
while
operating a noncommercial motor vehicle. at the time of the
offense.
(b) The violation is a criminal offense.
(c) The violation is a violation for which 4 or more points
may be assessed under section 320a.
(d) The violation is a violation of section 626b, 627(9),
627a, or 682.
(e) The individual was cited for more than 1 moving violation
arising from the same incident.
(f) The individual's license was suspended under section
321a(2) in connection with the violation.
(g)
The individual previously successfully completed a basic
driver
improvement course.
(h)
The individual has 3 or more points on his or her driving
record.
(g) (i)
The individual's operator's or
chauffeur's license is
restricted, suspended, or revoked, or the individual was not issued
an operator's or chauffeur's license.
(4) The individual is not eligible to take a driver
improvement course for a second or subsequent violation an
individual
receives within the 60-day period time allowed under
subsections
(1) and (2).subsection (1).
(5) The secretary of state shall maintain a computerized
database of the following:
(a) Individuals who have attended a basic driver improvement
course.
(b) Individuals who have successfully completed a basic driver
improvement course.
(6) The database maintained under subsection (5) shall only be
used for determining eligibility under subsections (3) and (4). The
secretary of state shall only make the information contained in the
database available to approved sponsors under subsection (10).
Information in this database concerning an individual shall be
maintained for the life of that individual.
(7) An individual shall be charged a fee of not more than
$100.00 by an approved sponsor to participate in a basic driver
improvement course and, if applicable, to obtain a certificate in a
form as approved by the secretary of state demonstrating that he or
she successfully completed the course. An approved sponsor shall
remit a portion of the fee, as determined annually by the secretary
of state, to cover the costs of implementing and administering this
course program.
(8) Fees remitted to the department under subsection (7) by an
approved sponsor shall be credited to the basic driver improvement
course fund created under subsection (9).
(9) The basic driver improvement course fund is created within
the state treasury. The state treasurer may receive money or other
assets from any source for deposit into the fund. The state
treasurer shall direct the investment of the fund. Money in the
fund at the close of the fiscal year shall remain in the fund and
shall not lapse to the general fund. The secretary of state shall
be the administrator of the fund for auditing purposes. The
secretary of state shall expend money from the fund, upon
appropriation, only to pay the costs of administering this section.
(10) An approved sponsor shall conduct a study of the effect,
if any, that the successful completion of its basic driver
improvement course has on reducing collisions, moving violations,
or both for students completing its course in this state. An
approved sponsor shall conduct this study every 5 years on each of
the course delivery modalities employed by the approved sponsor.
The secretary of state shall make all of the following information
available
to the approved course sponsor for that purpose, subject
to applicable state and federal laws governing the release of
information:
(a) The number of individuals who successfully complete a
basic driver improvement course under this section.
(b) The number of individuals who are eligible to take a basic
driver improvement course under this section but who do not
successfully complete that course.
(c) The number and type of moving violations committed by
individuals after successfully completing a basic driver
improvement course under this section in comparison to the number
and type of moving violations committed by individuals who have not
taken a basic driver improvement course.
(11) The secretary of state shall report on the findings of
all studies conducted under subsection (10) to the standing
committees of the house of representatives and senate on
transportation issues.
(12) The secretary of state shall approve basic driver
improvement course sponsors if the basic driver improvement course
offered by that sponsor satisfies all of the following:
(a) The requirements listed in section 3a.
(b) Obtains and maintains a security bond as prescribed in
subsection (13)(a) and satisfies the requirements of subsection
(13)(b).
(13) A sponsor seeking to be an approved sponsor shall submit
to the secretary of state an application on a form as prescribed by
the secretary of state along with both of the following:
(a) A properly executed security bond in the principal sum of
$20,000.00 with good and sufficient surety to be approved by the
secretary of state. The bond shall indemnify or reimburse the
secretary of state or an individual taking the sponsor's basic
driver improvement course for monetary loss caused through fraud,
cheating, or misrepresentation in the conduct of the sponsor's
business where the fraud, cheating, or misrepresentation was made
by the sponsor or by an employee, agent, instructor, or salesperson
of the sponsor. The surety shall make indemnification or
reimbursement for a monetary loss only after judgment based on
fraud, cheating, or misrepresentation has been entered in a court
of record against the sponsor. The aggregate liability of the
surety shall not exceed the sum of the bond. The surety on the bond
may cancel the bond by giving 30 days' written or electronic notice
to the secretary of state and after giving notice is not liable for
a breach of condition occurring after the effective date of the
cancellation.
(b) Proof in a manner and form as the secretary of state
requires demonstrating that the curriculum being submitted has not
received prior approval from the secretary of state for use by
another course sponsor and proof of curriculum ownership,
including, but not limited to, copyright filings.
(14) The secretary of state shall approve not more than 1
sponsor that offers a particular curriculum.
(15) The secretary of state may revoke its approval of an
approved sponsor if the approved sponsor subsequently fails to
satisfy the conditions listed in section 3a or fails to comply with
the requirements of this section.
(16) (13)
As used in this section,
"approved sponsor" means a
sponsor of a basic driver improvement course that is approved by
the secretary of state under subsection (12) and whose approved
status is not revoked under subsection (15).
Enacting section 1. This amendatory act takes effect January
1, 2014.