SB-1262, As Passed Senate, July 28, 2010

SUBSTITUTE FOR

SENATE BILL NO. 1262

     A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending section 320d (MCL 257.320d), as added by 2008 PA 568.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 320d. (1) The Notwithstanding section 320a, 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 an approved sponsor 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.

(a) (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 and

complete 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).

     (b) If an approved sponsor does not provide notice of

successful completion of the course by the individual within the 60

days, 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.

     (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 allowed under

subsections (1) and (2).

(5) (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.

(6) (5) The database maintained under subsection (4) (5) shall

only be used for determining eligibility under subsection

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) (6) 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) (7) Fees collected remitted to the department under this

subsection (7) by an approved sponsor 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).