Bill Text: MI HB5841 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Traffic control; other; basic driver improvement course; modify eligibility requirements, allow secretary of state to revoke a sponsor's approved status, and expand approved sponsor requirements. Amends secs. 3a & 320d of 1949 PA 300 (MCL 257.3a & 257.320d).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-09-11 - Per Rule 41 Re-referred To Committee On Insurance [HB5841 Detail]

Download: Michigan-2011-HB5841-Introduced.html

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HOUSE BILL No. 5841

 

August 15, 2012, Introduced by Rep. Moss and referred to the Committee on Transportation.

 

     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.