08 LC 34
1921S
COMMITTEE
OF CONFERENCE SUBSTITUTE TO HB 1027
A
BILL TO BE ENTITLED
AN ACT
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.