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HB 318 - DUI; driver improvement programs; amend provisions

Powell, Alan T (23rd)	Parham, Bobby E (122nd)	Teague, Sharon Beasley (58th)
Roberts, Lawrence R (162nd)

Status Summary	HC:	MotV	SC:	C Aff	FR:	01/29/99	LA:	04/28/99	Signed by Governor

First Reader Summary

A BILL to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to definitions; to change certain provisions relating to administration of the Driver Improvement Program; and for other purposes.

HB 318                                            LC 25 1235S 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Title 40 of the Official Code of Georgia Annotated, 
  1- 2  relating to motor vehicles and traffic, so as to  change 
  1- 3  certain provisions relating to definitions; to change 
  1- 4  certain provisions relating to administration of the Driver 
  1- 5  Improvement Program; to change certain provisions relating 
  1- 6  to establishment and approval of clinics and programs and 
  1- 7  fees therefor under the Georgia Driver Improvement Act; to 
  1- 8  repeal conflicting laws; and for other purposes. 
 
  1- 9       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-10                           SECTION 1. 
 
  1-11  Title 40 of the Official Code of Georgia Annotated, relating 
  1-12  to motor vehicles and traffic, is amended by striking 
  1-13  paragraphs (9), (10), and (11) of Code Section 40-5-1, 
  1-14  relating to definitions, and inserting in lieu thereof the 
  1-15  following: 
 
  1-16      "(9) 'DUI Alcohol or Drug Use Risk Reduction Program' 
  1-17      means a program certified by the Department of Human 
  1-18      Resources which consists of three two components: 
  1-19      assessment, education/intervention, and intensive 
  1-20      intervention. In the case of a first conviction or plea 
  1-21      of nolo contendere to a violation of Code Section 
  1-22      40-6-391 or in any other instance in which a person may 
  1-23      be referred to a DUI Alcohol or Drug Use Risk Reduction 
  1-24      Program, the program administers the assessment 
  1-25      component and, based on the results of the assessment, 
  1-26      releases the offender or refers such offender to either 
  1-27      the education/intervention component or the intensive 
  1-28      intervention component. In the case of a second 
  1-29      conviction of a violation of Code Section 40-6-391 or in 
  1-30      any other instance in which a person may be referred to 
  1-31      a DUI Alcohol or Drug Use Risk Reduction Program, the 
  1-32      program administers the assessment component and, based 
  1-33      on the results of the assessment, refers the offender or 
  1-34      other person to either the education/intervention 
  1-35      component or the intensive intervention component. 
 
 
                                 -1- 
 
 
 
  2- 1      (10) 'Education/intervention Intervention component' 
  2- 2      means a program which delivers general therapeutic 
  2- 3      education about alcohol and drug use and driving and 
  2- 4      peer group counseling concerning alcohol and drug use 
  2- 5      over a period of 16 20 hours utilizing a methodology and 
  2- 6      curriculum approved and certified by the Department of 
  2- 7      Human Resources for the DUI Alcohol or Drug Use Risk 
  2- 8      Reduction Programs under subsection (e) of Code Section 
  2- 9      40-5-83. 
 
  2-10      (11) 'Intensive intervention component' means a program 
  2-11      which delivers peer group counseling concerning alcohol 
  2-12      and drug use over a period of 24 hours utilizing a 
  2-13      methodology and curriculum approved and certified by the 
  2-14      Department of Human Resources for the DUI Alcohol or 
  2-15      Drug Use Risk Reduction Programs Reserved." 
 
  2-16                           SECTION 2. 
 
  2-17  Said title is further amended by striking subsection (c) of 
  2-18  Code Section 40-5-82, relating to administration of the 
  2-19  Driver Improvement Program, and inserting in lieu thereof 
  2-20  the following: 
 
  2-21    "(c) The Department of Human Resources is designated as 
  2-22    the agency responsible for the approval and certification 
  2-23    of DUI Alcohol or Drug Use Risk Reduction Programs and 
  2-24    staff.  This responsibility includes selection of the 
  2-25    assessment instrument, development of the 
  2-26    education/intervention and intensive intervention 
  2-27    curricula, training of program staff, and monitoring of 
  2-28    all DUI Alcohol or Drug Use Risk Reduction Programs under 
  2-29    the 'Georgia Driver Improvement Act.' this article." 
 
  2-30                           SECTION 3. 
 
  2-31  Said title is further amended by striking subsections (a) 
  2-32  and (e) of Code Section 40-5-83, relating to establishment 
  2-33  and approval of clinics and programs and fees therefor under 
  2-34  the "Georgia Driver Improvement Act," and inserting in lieu 
  2-35  thereof the following: 
 
  2-36      "(a)(1) The commissioner of public safety shall 
  2-37      establish criteria for the approval of driver 
  2-38      improvement clinics.  To be approved, a clinic shall 
  2-39      provide and operate a defensive driving course, an 
  2-40      advanced defensive driving course, or a professional 
  2-41      defensive driving course or any combination thereof. 
  2-42      Clinics shall be composed of uniform education and 
 
 
 
                                 -2- 
 
 
 
  3- 1      training programs designed for the rehabilitation of 
  3- 2      problem drivers.  The commissioner shall establish 
  3- 3      standards and requirements concerning the contents of 
  3- 4      courses, duration of courses, qualifications of 
  3- 5      instructors, fees, attendance requirements for students, 
  3- 6      and examinations.  Approved clinics may charge a fee of 
  3- 7      not more than $60.00 for a defensive driving course, an 
  3- 8      advanced defensive driving course, or a professional 
  3- 9      defensive driving course.  No clinic shall be approved 
  3-10      unless such clinic agrees in writing to allow the 
  3-11      examination and audit of the books, records, and 
  3-12      financial statements of such clinic.  Clinics may be 
  3-13      operated by any individual, partnership, corporation, 
  3-14      association, civic group, club, county, municipality, 
  3-15      board of education, school, or college. 
 
  3-16      (2) The commissioner may issue a special license to the 
  3-17      instructor of any commercial driver training school 
  3-18      authorizing such instructor to teach a defensive driving 
  3-19      course, advanced defensive driving course, or 
  3-20      professional defensive driving course of a driver 
  3-21      improvement clinic provided pursuant to this Code 
  3-22      section if such instructor is qualified to teach a 
  3-23      teen-age driver education course which consists of a 
  3-24      minimum of 30 hours of classroom and six hours of 
  3-25      behind-the-wheel training and such instructor certifies 
  3-26      to the commissioner that he or she has provided at least 
  3-27      250 hours of behind-the-wheel training in a teen-age 
  3-28      driver education course." 
 
  3-29    "(e) The Department of Human Resources is designated as 
  3-30    the agency responsible for establishing criteria for the 
  3-31    approval of DUI Alcohol or Drug Use Risk Reduction 
  3-32    Programs.  An applicant must meet the certification 
  3-33    criteria promulgated by the Department of Human Resources 
  3-34    through its standards and must provide the following 
  3-35    services: (1) the assessment component; and (2) the 
  3-36    education/intervention component; and (3) the intensive 
  3-37    intervention component. The Department of Human Resources 
  3-38    is designated as the agency responsible for establishing 
  3-39    rules and regulations concerning the contents and duration 
  3-40    of the components of DUI Alcohol or Drug Use Risk 
  3-41    Reduction Programs, qualifications of instructors, 
  3-42    attendance requirements for students, examinations, and 
  3-43    program evaluations.  Approved DUI Alcohol or Drug Use 
  3-44    Risk Reduction Programs shall charge a fee of $50.00 
  3-45    $75.00 for the assessment component, $100.00 for the 
 
 
                                 -3- 
 
 
 
  4- 1    education/intervention component, $150.00 for the 
  4- 2    intensive and $175.00 for the intervention component, and 
  4- 3    an.  An additional fee of $10.00 for required student 
  4- 4    program materials shall be established by the Department 
  4- 5    of Human Resources in such an amount as is reasonable and 
  4- 6    necessary to cover the cost of such materials.  No DUI 
  4- 7    Alcohol or Drug Use Risk Reduction Program shall be 
  4- 8    approved unless such clinic agrees in writing to submit 
  4- 9    reports as required in the rules and regulations of the 
  4-10    Department of Human Resources and to allow the examination 
  4-11    and audit of the books, records, and financial statements 
  4-12    of such DUI Alcohol or Drug Use Risk Reduction Program by 
  4-13    the Department of Human Resources or its authorized agent. 
  4-14    DUI Alcohol or Drug Use Risk Reduction Programs may be 
  4-15    operated by any public, private, or governmental entity; 
  4-16    provided, however, that, except as otherwise provided in 
  4-17    this subsection, in any political subdivision in which a 
  4-18    DUI Alcohol or Drug Use Risk Reduction Program is operated 
  4-19    by a private entity, whether for profit or nonprofit, 
  4-20    neither the local county board of health nor any other 
  4-21    governmental entity shall fund any new programs in that 
  4-22    area. Programs currently in existence which are operated 
  4-23    by local county boards of health or any other governmental 
  4-24    entities shall be authorized to continue operation.  New 
  4-25    programs may be started in areas where no private DUI 
  4-26    Alcohol or Drug Use Risk Reduction Programs have been made 
  4-27    available to said community.  The Department of 
  4-28    Corrections is authorized to operate DUI Alcohol or Drug 
  4-29    Use Risk Reduction Programs in its facilities where 
  4-30    offenders are not authorized to participate in such 
  4-31    programs in the community, provided that such programs 
  4-32    meet the certification criteria promulgated by the 
  4-33    Department of Human Resources.  All such programs operated 
  4-34    by the Department of Corrections shall be exempt from all 
  4-35    fee provisions established in this subsection specifically 
  4-36    including the rebate of any fee for the costs of 
  4-37    administration.  No DUI Alcohol or Drug Use Risk Reduction 
  4-38    Program will be approved unless such clinic agrees in 
  4-39    writing to pay to the state, for the costs of 
  4-40    administration, a fee of $12.00 $15.00, for each offender 
  4-41    assessed or each offender attending for points reduction, 
  4-42    provided that nothing in this Code section shall be 
  4-43    construed so as to allow the Department of Human Resources 
  4-44    to retain any funds required by the Constitution of 
  4-45    Georgia to be paid into the state treasury; and provided, 
  4-46    further, that the Department of Human Resources shall 
 
 
                                 -4- 
 
 
 
  5- 1    comply with all provisions of Part 1 of Article 4 of 
  5- 2    Chapter 12 of Title 45, the 'Budget Act,' except Code 
  5- 3    Section 45-12-92, prior to expending any such 
  5- 4    miscellaneous funds." 
 
  5- 5                           SECTION 4. 
 
  5- 6  All laws and parts of laws in conflict with this Act are 
  5- 7  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -5-