Act No. 568
Public Acts of 2008
Approved by the Governor
January 15, 2009
Filed with the Secretary of State
January 16, 2009
EFFECTIVE DATE: December 31, 2010
STATE OF MICHIGAN
REGULAR SESSION OF 2008
Introduced by Senators Pappageorge, Gilbert, McManus, Brown, Hunter, Kahn and Thomas
ENROLLED SENATE BILL No. 1066
AN ACT to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," (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) Except as otherwise provided under subsection (8), postpone both of the following for a period of not less than 10 business days:
(i) The entry of points under section 320a for the moving violation.
(ii) Making information contained in the abstract of the moving violation available to the individual's insurance company.
(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 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.
(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 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 December 31, 2010.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives