SB-1066, As Passed Senate, September 18, 2008

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 1066

 

 

 

 

 

 

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

(MCL 257.1 to 257.923) by adding sections 3a and 320d.

 

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 agency of course effectiveness in reducing collisions, moving

 

violations, or both.

 

     (c) It contains such other information as is approved by the

 

secretary of state and that is offered over the internet or through

 

classroom instruction.

 


     Sec. 320d. (1) The secretary of state shall not enter the

 

points corresponding to a moving violation committed 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 provides a certificate of

 

successful completion of that course to the secretary of state

 

within 60 days of 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) Postpone the entry of points for the moving violation

 

under section 320a or make information contained in the abstract

 

available to the individual's insurance company for a period of not

 

less than 10 business days, except as otherwise provided under

 

subsection (8).

 

     (b) 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 notify the secretary of state of the

 

individual's intent to attend a basic driver improvement course.

 

     (c) Notify the individual that if the individual fails to

 

notify the secretary of state of the individual's intent to attend

 

a basic driver improvement course as described under subdivision

 

(b), points will be entered for the moving violation as described

 

in subsection (8).

 

     (3) An individual is eligible to take a basic driver

 

improvement course if only none 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 previously successfully completed a basic

 

driver improvement course.

 

     (f) The individual has 3 or more points on his or her driving

 

record.

 

     (g) 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 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.

 

     (5) The database maintained under subsection (4) shall only be

 

used for determining eligibility under subsection (3). 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.

 

     (6) An individual shall be charged a fee of not more than

 

$100.00 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.

 

     (7) Fees collected under this subsection shall be credited to

 

the basic driver improvement course fund created under subsection

 

(9).

 

     (8) The secretary of state shall immediately enter the points

 

for the moving violation on the individual's driving record as

 

follows:

 

     (a) Ten business days after an individual described in

 

subsection (2) fails to notify the secretary of state that he or

 

she desires to attend a basic driver improvement course.

 

     (b) Sixty days after an individual described in subsection (2)

 

who has properly notified the secretary of state that he or she

 

desires to attend a basic driver improvement course but has failed

 


to submit a certificate of successful completion of a basic driver

 

improvement course.

 

     (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 the requirements listed in

 

section 3a.

 

     (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).

 

     Enacting section 1. This amendatory act takes effect January

 

1, 2009.