Second Regular Session
              Sixty-eighth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 12-0537.02 Jery Payne x2157     HOUSE BILL 12-1106
                    HOUSE SPONSORSHIP
 Peniston,
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Transportation
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the evaluation of a driver improvement school
            used by a court for a traffic violation.
       
       
                           Bill Summary
       
            (Note: This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            The bill directs the department of revenue to transmit to each court
       that refers students to driver improvement schools a table of the schools
       with the schools' evaluations and notice of whether the schools are
       collecting and remitting the penalty surcharge paid by students. The
       department is to notify a school of noncompliance, and the school has 30
       days to come into compliance.
            If a school refuses to allow an evaluation, the department then
       notifies each court and publishes the fact on its web site until the school
       complies. If a school receives an unsatisfactory evaluation, it has 90 days
       to raise its standards. If it does so, it may receive a new evaluation.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 42-1-223, add (4) as
       follows:
            42-1-223.  Monitoring driver improvement schools - fund -
       rules. (4) (a)  At least semiannually, the department shall
       transmit to each court that refers students to driver
       improvement schools a table of driver improvement schools,
       including the results of the schools' evaluations and notice of
       whether each school is in compliance with section 42-4-1717 (3)
       in accordance with paragraph (b) of this subsection (4). The
       department may use a contractor to implement this paragraph
       (a).
            (b) (I)  If a driver improvement school fails to collect or
       remit to the department the penalty surcharge imposed in
       section 42-4-1717 (3), the department shall notify the school of
       its noncompliance, including a statement that the school has
       thirty days to come into compliance before the lack of
       compliance is communicated to each court.
            (II)  If the driver improvement school fails to comply with
       section 42-4-1717 (3) within thirty days after receiving the
       notice, the department shall notify each court of the fact in the
       next table sent to each court under paragraph (a) of this
       subsection (4). The school has the burden of demonstrating
       compliance.
            (c) (I)  If a driver improvement school refuses to allow an
       evaluation, the department shall notify each court and publish
       the fact on its web site until the school allows itself to be
       evaluated.
            (II)  If a driver improvement school receives an
       unsatisfactory evaluation, the department shall notify the
       school of the evaluation results, including a statement that
       the school has ninety days to improve its standards. If the
       school demonstrates that it has improved within the ninety
       days, the department shall evaluate the school and change the
       results of the evaluation to reflect the new evaluation. The
       department may use a contractor to implement this
       subparagraph (II).
            SECTION 2.  Act subject to petition - effective date. This act
       takes effect at 12:01 a.m. on the day following the expiration of the
       ninety-day period after final adjournment of the general assembly (August
       8, 2012, if adjournment sine die is on May 9, 2012); except that, if a
       referendum petition is filed pursuant to section 1 (3) of article V of the
       state constitution against this act or an item, section, or part of this act
       within such period, then the act, item, section, or part will not take effect
       unless approved by the people at the general election to be held in
       November 2012 and, in such case, will take effect on the date of the
       official declaration of the vote thereon by the governor.