HB 1027 - Defensive driving courses; alcohol or drug programs; curriculum; provisions

Current VersionPDF Version

Sponsored In Senate By

Committees

Current Status

05/14/08 - House Date Signed by Governor - Vetoed

First Reader Summary

A BILL to be entitled an Act to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to persons completing defensive driving course or alcohol or drug program, so as to provide for approval of classroom, Internet, or other technology based driver improvement clinics' curriculums; to provide for certificates of completion; to delete references to advanced defensive driving courses; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Votes

Electronically Recorded Votes
DateTimeVote NoYeasNaysNVExcDescription
02/11/20083:04PMHouse Vote #556032120014014Sims 169 AM
02/11/20083:06PMHouse Vote #557103056007014PASS
03/20/200811:04AMSenate Vote #761036012001007PASSAGE BY SUBSTITUTE
04/04/20085:44PMSenate Vote #1017037010004005ADOPT CONFERENCE COMMITTEE REPORT
04/04/20088:52PMHouse Vote #1100110046018006ADOPT CCR

Status History

Bill History
DateAction
01/29/2008House First Readers
01/30/2008House Second Readers
01/31/2008House Committee Favorably Reported
02/11/2008House Third Readers
02/11/2008House Passed/Adopted
02/12/2008Senate Read and Referred
02/22/2008Senate Committee Favorably Reported
02/26/2008Senate Read Second Time
03/20/2008Senate Third Read
03/20/2008Senate Passed/Adopted
03/31/2008House Disagrees Senate Amend/Sub
04/01/2008Senate Insists
04/02/2008House Insists
04/02/2008House Conference Committee Appointed
04/02/2008Senate Conference Committee Appointed
04/04/2008Senate Conference Committee Report Adopted
04/04/2008House Conference Committee Report Adopted
04/14/2008House Sent to Governor
05/14/2008House Date Signed by Governor
05/14/2008Veto V9

Footnotes

4/02/2008 Senate Conferees: 11th, 13th, 53rd
08 HB 1027/AP
House Bill 1027 (AS PASSED HOUSE AND SENATE)
By: Representatives Rice of the 51st, Roberts of the 154th, Bearden of the 68th, and Floyd of the 147th

A BILL TO BE ENTITLED
AN ACT


To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers´ licenses, so as to provide for approval of programs´ curriculums; to provide for certificates of completion; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers´ licenses, is amended by revising subsection (a) of Code Section 40-5-81, relating to court ordered attendance at driver improvement clinics and programs, as follows:
"(a) Any driver improvement program at which attendance is required by court order shall conform to the requirements of this article. Courts shall have the discretion to order or authorize individuals to attend or register for on-line or classroom driver improvement programs that are licensed and approved by the department under the provisions of Code Sections 40-5-82 and 40-5-83. Certificates of completion from unlicensed classroom, Internet, or other technology based driver improvement programs shall not be recognized for any purposes under this article. This Code section shall prohibit and shall not be construed or interpreted to allow the creation or licensing of any Internet, online, or other technology based DUI Alcohol or Drug Use Risk Reduction Programs."

SECTION 2.
Said chapter is further amended by revising paragraphs (1) and (1.1) of subsection (a) of Code Section 40-5-83, relating to establishment and approval of driver improvement clinics and programs, and adding a new subsection to read as follows:
"(a)(1) The commissioner shall establish criteria for the approval of classroom, Internet, or other technology based driver improvement clinics. To be approved, a clinic shall provide and operate either a defensive driving course, an advanced defensive driving course, or a professional defensive driving course or any combination thereof to the department for approval, or notify the department of the clinic´s legal authority to use a currently approved curriculum or program, a curriculum consisting of a minimum of six hours of classroom, Internet, or technology based theoretical instruction consisting of traffic safety related information designed for the improvement or remediation of an individual´s knowledge of defensive driving techniques and traffic laws. This provision shall not be construed to restrict licensed and approved curriculum providers from updating information to accurately reflect changes in this Code section or other defensive driving material. Clinics shall be composed of uniform education and training programs consisting of six hours of instruction designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of courses, qualifications of instructors, attendance requirements for students, and examinations. Approved On or after July 1, 2008, approved clinics shall charge a fee of $75.00 for a defensive driving course, an advanced defensive driving course, or a professional defensive driving course; except that such an Internet or technology based driver improvement program and $75.00 for a classroom driver improvement program. On or after July 1, 2009, an approved Internet or technology based driver improvement program shall charge a fee of not more than $75.00, and a classroom driver improvement program shall charge a fee of not more than $75.00. Such clinics may charge different fees of their own choosing if the person is not enrolling in such course pursuant to court order or department requirement. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records, and financial statements of such clinic. Clinics may be operated by any individual, partnership, corporation, association, civic group, club, county, municipality, board of education, school, or college. The department shall establish security and operational standards consistent with the objectives of the training programs contained in this Code section.
(1.1)(A) No driver improvement clinic shall be permitted to use, adopt, or conduct any business under any name that is like or deceptively similar to any name used by any other driver improvement clinic, Georgia company, or Georgia corporation registered with the Secretary of State. This subparagraph shall not prohibit the franchising or licensing of any part or all of the name of a driver improvement clinic by the owner or the rights thereof to another licensed driver improvement clinic.
(B) This paragraph shall not prohibit the franchising or licensing of any part or all of the name of a clinic or an approved curriculum by the owner of the rights therein to another licensed driver improvement clinic, either directly or through a third-party provider."
"(f) Persons convicted pursuant to Code Section 40-5-57 or 40-5-57.1 shall be permitted to participate in an Internet or technology based defensive driving course."

SECTION 3.
This Act shall become effective on July 1, 2008.

SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.