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REFERENCE TITLE: defensive driving schools; website; advertising |
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HB 2796 |
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Introduced by Representative Payne
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AN ACT
amending section 28‑3395, Arizona Revised Statutes; relating to defensive driving schools.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-3395, Arizona Revised Statutes, is amended to read:
28-3395. Supreme court authority and duties; rules; website; advertising; civil penalty; record
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.
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.
8. Require each defensive driving school to submit to the supreme court the school's future schedule of classroom defensive driving courses, including the dates, start and end times, instructors' names and location for each course. Each scheduled defensive driving school class shall admit only students who are registered with that school. A defensive driving school certified instructor may not teach or facilitate a defensive driving school class for more than one certified defensive driving school during the same class instruction time period. A course's date, time and location may not be changed or canceled except for extraordinary circumstances.
9. Establish a website that:
(a) Allows the public to view a defensive driving school by name or by the supreme court‑issued certification number of the defensive driving school to confirm the defensive driving school's validity and standing with the supreme court. If the supreme court confirms the certification number's validity for a defensive driving school, the supreme court shall provide a prospective customer with the defensive driving school's name and address and a direct link to the defensive driving school's website.
(b) Displays a link to a list of all certified defensive driving schools in this state only after an initial search pursuant to subdivision (a) of this paragraph is made. Above the link there must be a statement that prices vary by school.
10. Allow a certified defensive driving school to advertise the defensive driving school's services directly to customers if the defensive driving school PROMINENTLY displays the defensive driving school's supreme court‑issued certification number on the advertisement for the defensive driving school. If the defensive driving school advertises in violation of this paragraph, including failing to display the defensive driving school's supreme court‑issued certification number or displaying a number that is different from the supreme court‑issued certification number on an advertisement, the defensive driving school is subject to a civil penalty of not more than $10,000 for each offense.
11. Allow a defensive driving school to cancel a class at least ten calendar days in advance of the scheduled class time if the class is scheduled to be taught in person and not online.
C. The information contained in the database required by this section is not a public record.