HB2584: defensive driving school certification; ownership |
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PRIME SPONSOR: Representative Carroll, LD 22 BILL STATUS: Transportation |
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History
An individual who is issued a citation for a civil traffic moving violation or related local ordinance is eligible to attend a defensive driving school. A court is also permitted to allow an individual to attend defensive driving school for a citation of criminal excessive speeding. A person is prohibited from attending another school within 12 months of the first violation. If an individual commits a civil or criminal traffic violation resulting in death or serious injury, the individual is not eligible to attend a defensive driving school, except the court is permitted to order the individual to complete defensive driving school as part of a sentence imposed (A.R.S. § 28-3392). If an eligible individual successfully completes the course at a defensive driving school, the court is required to dismiss the civil or criminal traffic citation for which the individual attended the school. The Arizona Department of Transportation is also prohibited from including the civil or criminal traffic citation on the individual's driving record (A.R.S. § 28-3394).
The Supreme Court is required to: 1) supervise the use of defensive driving school by the courts in Arizona; 2) Make public the amount of the court diversion fees assessed by each court in Arizona and the total cost to attend defensive driving school in each court; 3) establish an automated statewide database for keeping record of persons who attend a defensive driving school; 4) adopt rules that establish criteria for the certification of qualified defensive driving school and instructors used by the courts; 5) establish procedures for courts and schools to remit required reports; 6) Certify and monitor defensive driving schools and instructors that serve as court authorized diversion programs; and 7) require that a defensive driving school not exceed 4.5 hours (A.R.S. § 28-3395).
Provisions
1. Requires the Supreme Court to adopt rules prohibiting defensive driving schools that have common ownership or use of assets from participating in more than one school listing on the court's website or other state-sponsored advertisement. (Sec. 1)
2. Directs the Supreme Court to:
a. determine whether each defensive driving school is complying with the adopted rules; and
b. review any complaints that are submitted with supporting documentation and that allege a violation. (Sec. 1)
3. Directs the Supreme Court, on the effective date of this act, to put only one of the schools that have common ownership on the court's list of certified defensive driving schools or other state-sponsored advertisement.
a. States that the other schools may never appear on the court's website, printed list or other form of advertising to the public. (Sec. 1)
4. Requires that, if a defensive driving school shares an employee or staff with another entity, the entities be considered as one entity for state taxpayer paid advertisement on the Supreme Court's website or other state-sponsored advertisement. (Sec. 1)
5. Directs the Supreme Court to revoke a school's certification if a school is found in violation of the shared ownership or use of assets list restrictions. (Sec. 1)
6. Allows a school to reapply for certification after one year from the date of revocation, in a manner prescribed by the Supreme Court. (Sec. 1)
7. Provides that the provisions of this act apply to defensive driving schools beginning on the school's initial or renewal certification, only if the initial or renewal certification occurs on or after the effective date of this act. (Sec. 1)
8. Defines common ownership or use of assets. (Sec. 1)
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12. Fifty-fourth Legislature HB 2584
13. First Regular Session Version 1: Transportation
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