State SealARIZONA HOUSE OF REPRESENTATIVES

 

SB 1097: AHCCCS; chiropractic coverage.

S/E: ownership; defensive driving school certification

PRIME SPONSOR: Senator Carter, LD 15

BILL STATUS: Appropriations

 

 

Summary of the Strike-Everything Amendment to SB 1097

Overview

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteModifies the requirements for certification of a defensive driving school and prohibits an owner of a certified defensive driving school from having shared use of assets in another certified school.

History

The Supreme Court is required to adopt rules that establish certification criteria for defensive driving schools and instructors (A.R.S. § 28-3395). The Arizona Code of Judicial Administration outlines the certification requirements for a defensive driving school (ACJA §§ 7-205(E) & 7-201(E)).

An individual who is issued a citation for a civil traffic moving violation pursuant to statute or a 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.R.S. § 28-3392). If an individual successfully completes the course at a defensive driving school, the court is required to dismiss the civil or criminal traffic citation. Additionally, the Arizona Department of Transportation is prohibited from including the civil or criminal traffic citation on the individual's driving record (A.R.S. § 28-3394).

On the approach of an authorized emergency vehicle giving a visual and auditory signal from a distance of 500 feet, the driver of another vehicle must: 1) yield the right-of-way; 2) immediately drive to a position parallel to and as close as possible to the right-hand edge or curb of the roadway clear of any intersection; and 3) stop and remain in this position until the vehicle has passed.

When a police vehicle is giving a visual or auditory signal, a driver may not approach or drive parallel to the police vehicle or come within 300 feet until the vehicle moves to the lane closest to the right-hand edge or curb of the roadway. When approaching a stationary vehicle displaying warning lights, the driver of a vehicle must follow statutorily outlined procedures (A.R.S. § 28-775).

Provisions

1.       Specifies that, beginning September 1, 2020, the certification criteria for defensive driving schools must:

a.       Require defensive driving schools to have a curriculum that includes education on:

                           i.            Distracted driving, including the dangers of using a portable communication device while driving and any other distracted behaviors; and

                         ii.            The statutorily outlined requirements relating to yielding to an authorized emergency vehicle; and

b.       Allow defensive driving schools to include educational information relating to the statutory requirements for driving near a police vehicle giving a visual or auditory signal or a stationary vehicle displaying warning lights. (Sec. 1)

2.          Prohibits an owner of a certified defensive driving school from having shared use of assets in another certified defensive driving school. (Sec. 1)

3.          Directs the Supreme Court to require certified defensive driving schools or applicants to disclose, under penalty of perjury, any shared use of assets in another certified defensive driving school. (Sec. 1)

4.          Allows a person to file a complaint with the Supreme Court that alleges a violation of the shared use of assets restrictions. (Sec. 1)

5.          Specifies that the person who files a complaint is solely responsible for providing sufficient evidence to sustain the complaint. (Sec. 1)

6.          Stipulates that if a certified defensive driving school does not contest a complaint, the Supreme Court is required to make a determination based solely on the evidence submitted by the person who files the complaint. (Sec. 1)

7.          Requires the Supreme Court to revoke a defensive driving school's certification if a school is found in violation of the shared use of assets restrictions.

a.       Allows the Supreme Court to impose a civil penalty of no more than $1,000. (Sec. 1)

8.          Allows a defensive driving school to reapply for certification one year after the date of revocation. (Sec. 1)

9.          Applies the shared use of assets provisions to a defensive driving school that holds certification on or after November 1, 2020. (Sec. 1)

10.        Defines shared use of assets. (Sec. 1)☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

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14.        Fifty-fourth Legislature                       SB 1097

15.        First Regular Session                            Version 2: Appropriations

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