Bill Text: MI SB1262 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Traffic control; violations; basic driver improvement course process; modify. Amends sec. 320d of 1949 PA 300 (MCL 257.320d).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2010-12-29 - Assigned Pa 0289'10 With Immediate Effect [SB1262 Detail]
Download: Michigan-2009-SB1262-Engrossed.html
SB-1262, As Passed House, December 2, 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).
