PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1097
(Reference to Senate engrossed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 28-3395, Arizona Revised Statutes, is amended to read:
28-3395. Supreme court authority and duties; rules; record; civil penalty; definition
A. The supreme court may contract with a public or private agency that does not provide defensive driving schools in this state pursuant to this article to provide assistance in carrying out the duties of this article.
B. The supreme court shall:
1. Supervise the use of defensive driving schools by the courts in this state.
2. Make public the amount of the court diversion fee assessed by each court in this state pursuant to this article and the total cost to attend a defensive driving school in each court.
3. Establish an automated statewide database for keeping a record of persons who attend a defensive driving school.
4. Adopt rules that establish criteria for the certification of qualified defensive driving schools and instructors used by the courts. Beginning on september 1, 2020, the criteria shall:
(a) Require each defensive driving school to have a curriculum that includes education on:
(i) Distracted driving, including the dangers of using a portable wireless communication device while driving and any other distracted driving behaviors.
(ii) The requirements prescribed by section 28-775, subsection A.
(b) Allow a defensive driving school to include educational information relating to section 28-775, subsections D and E in the school's curriculum.
5. Establish procedures for courts and schools to remit reports that are required by the supreme court.
6. Certify and monitor defensive driving schools and instructors that serve as a court authorized diversion program.
7. Require that a defensive driving school class not exceed a total of four and one-half hours, including any testing, reviewing and grading related to the defensive driving school class.
C. The information contained in the database required by this section is not a public record.
D. An owner of a certified defensive driving school in this state may not have a shared use of assets in another certified defensive driving school in this state.
E. The supreme court shall require a certified defensive driving school or an applicant for a certified defensive driving school to disclose, under penalty of perjury, any shared use of assets that the school or the applicant has in another certified defensive driving school in this state.
F. A person may file a complaint with the supreme court that alleges a violation of subsection D or E of this section. The person who files the complaint is solely responsible for providing sufficient evidence to sustain the complaint. If a certified defensive driving school that is the subject of the complaint does not contest the complaint, the supreme court shall make a determination based solely on the evidence submitted by the person who files the complaint as to whether the owner violated subsection D or E of this section.
G. If the supreme court finds that a defensive driving school violated subsection D or E of this section, the supreme court shall revoke the defensive driving school's certification and may impose a civil penalty of not more than $1,000. If the supreme court revokes a certification pursuant to this subsection, a school may reapply for certification one year after the date of revocation in a manner prescribed by the supreme court.
H. Subsections D, E, F and G of this section apply to a defensive driving school that holds a certification on or after November 1, 2020.
I. For the purposes of this section, "shared use of assets" means any property that has value, including financial, intangible and physical assets and includes any of the following:
1. A common computer server.
2. Office space that is located at the same street address or that is shared physical space.
3. Shared revenue.
4. Employees or staff, including customer support and management or administrative personnel, but not including instructors.
5. Telephone services."
Amend title to conform