07 LC 28
3658
Senate
Bill 315
By:
Senators Smith of the 52nd and Hawkins of the
49th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating
to payment and disposition of fines, so as to abolish the Georgia Driver´s
Education Commission and transfer the purposes and duties of such commission to
the State Board of Education; to provide that the State Board of Education shall
develop and implement programs of driver education through local school systems;
to authorize the State Board of Education to make certain recommendations
concerning driver education and safety; to authorize the State Board of
Education to accept certain grants and gifts to fund driver education programs;
to extend the collection of certain additional penalties for traffic violations;
to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia
Annotated, relating to issuance, expiration, and renewal of drivers´
licenses, so as to change the age for the issuance of certain driver´s
licenses and instructional permits; to provide for an increase in the age for
the issuance of certain driver´s licenses and instructional permits upon
the certification of the availability of driver education programs by the State
Board of Education; 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
21 of Title 15 of the Official Code of Georgia Annotated, relating to payment
and disposition of fines, is amended by revising Article 10, relating to the
Georgia Driver´s Education Commission, as follows:
"ARTICLE
10
15-21-170.
This
article shall be known and may be cited as 'Joshua´s Law.'
15-21-171.
As
used in this article, the term 'commission' means the Georgia Driver´s
Education Commission created in Code Section
15-21-172.
It shall be
the duty and responsibility of the State Board of Education to develop and
implement programs of driver education through the public school systems in this
state. The State Board of Education shall provide such instruction in driver
education to all students in each school district either free of charge or for a
reasonable fee to cover the costs of providing such instruction that is not
funded by the moneys received from grants, gifts, and appropriations for such
driver education instruction.
15-21-172.
There
is established the Georgia Driver´s Education Commission, which is assigned
to the Department of Driver Services for administrative purposes only, as
prescribed in Code Section 50-4-3
On the
effective date of this Code section, the Georgia Driver´s Education
Commission shall be abolished and the terms of its members shall
terminate.
15-21-173.
(a)
The Georgia Driver´s Education Commission shall consist of eight members
who shall serve for terms of four years, except that the members in office on
April 21, 2006, shall serve the terms to which they were originally appointed.
The State Board of Education shall appoint one member of the commission and the
Department of Driver Services shall appoint two members of the commission. The
director of the Governor´s Office of Highway Safety shall appoint one
member of the commission. The remaining four members of the commission shall be
appointed by the Governor, two of whom shall be public school driver´s
education providers and the other two shall be private driver´s education
providers. The Governor shall also establish initial terms of office for all
members of the commission within the limitations of this
subsection.
(b)
In the event of death, resignation, disqualification, or removal for any reason
of any member of the commission, the vacancy shall be filled in the same manner
as the original appointment and the successor shall serve for the unexpired
term.
(c)
Membership on the commission does not constitute a public office, and no member
shall be disqualified from holding public office by reason of his or her
membership.
(d)
The Governor shall designate a chairperson of the commission from among the
members, which chairperson shall serve in that position at the pleasure of the
Governor. The commission may elect such other officers and committees as it
considers appropriate.
(e)
The commission, with the approval of the Governor, may employ such professional,
technical, or clerical personnel as deemed necessary to carry out the purposes
of this article
Reserved.
15-21-174.
Members
of the commission shall serve without compensation but shall receive the same
expense allowance per day as that received by a member of the General Assembly
for each day such member of the commission is in attendance at a meeting of such
commission, plus either reimbursement for actual transportation costs while
traveling by public carrier or the same mileage allowance for use of a personal
car in connection with such attendance as members of the General Assembly
receive. Such expense and travel allowance shall be paid in lieu of any per
diem, allowance, or other remuneration now received by any such member for such
attendance
Reserved.
15-21-175.
(a)
The commission shall do all of the following:
(1)
Meet at such times and places as it shall determine necessary or convenient to
perform its duties. The commission shall also meet on the call of the
chairperson or the Governor;
(2)
Maintain minutes of its meetings;
(3)
Adopt rules and regulations for the transaction of its business;
(4)
Accept applications for disbursements of available moneys;
(5)
Maintain records of all expenditures of the commission, funds received as gifts
and donations, and disbursements made; and
(6)
Conform to the standards and requirements prescribed by the state accounting
office pursuant to Chapter 5B of Title 50.
(b)
The commission shall utilize existing state resources and staff of participating
departments whenever practicable
Reserved.
15-21-176.
The
commission
State Board of
Education may recommend to the Governor
and the General Assembly changes in state programs, statutes, policies, budgets,
and standards relating to the provision of driver education and training in this
state, with the objective of maximizing participation in driver´s education
and training and accident reduction.
15-21-177.
The
commission
State Board of
Education may accept federal funds granted
by Congress or executive order for the purposes of this article as well as gifts
and donations from individuals, private organizations, or foundations. The
acceptance and use of federal funds
do
shall
not commit state funds and
do
shall
not place an obligation upon the General Assembly to continue the purposes for
which the federal funds are made available.
15-21-178.
The
commission
may authorize the disbursement of
State
Department of Education shall utilize the
available funds from moneys appropriated to the
commission
board
by the General Assembly for purposes of providing driver education and training
to a
person, entity, or program eligible pursuant to criteria to be set by the
commission. Nothing in this Code section
shall be construed to limit the authority of the Department of Driver Services
under Chapter 13 of Title 43, 'The Driver Training School and Commercial Driver
Training School License Act.'
15-21-179.
(a)
In every case in which any court in this state shall impose a fine or bond
payment, which shall be construed to include costs, for any violation of the
traffic laws of this state or for violations of ordinances of political
subdivisions which have adopted by reference the traffic laws of this state,
there shall be imposed as an additional penalty a sum equal to 5 percent of the
original fine.
(b)
Such sums shall be in addition to any amount required to be paid into any
pension, annuity, or retirement fund under Title 47 or any other law and in
addition to any other amounts provided for in this article.
(c)
This Code section shall be repealed in its entirety on June 30,
2008
2013,
unless extended by an Act of the General Assembly.
15-21-180.
(a)
The sums provided for in Code Section 15-21-179 shall be assessed and collected
by the clerk or other court officer charged with the duty of collecting moneys
from fines and shall be paid over by the last day of the following month to the
Georgia Superior Court Clerks´ Cooperative Authority for remittance to the
Office of Treasury and Fiscal Services to be deposited into the general fund of
the state treasury.
(b)
Any person whose duty it is to collect and remit the sums provided for in this
article who refuses to so remit shall be guilty of a misdemeanor.
15-21-181.
As
soon as practicable after the end of each fiscal year, the Office of Treasury
and Fiscal Services shall report the amount of funds received pursuant to Code
Section 15-21-179 to the Office of Planning and Budget and the
commission
State Board of
Education. It is the intent of the
General Assembly that, subject to appropriation, an amount equal to such
proceeds received from such fines in any fiscal year shall be made available
during the following fiscal year to the
commission
State Board of
Education for the purposes set forth in
Code Section 15-21-178."
SECTION
2.
Article
2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating
to issuance, expiration, and renewal of drivers´ licenses, is amended by
striking Code Section 40-5-22, relating to persons not to be licensed and
minimum ages for licenses, in its entirety and inserting in lieu thereof a new
Code Section 40-5-22 to read as follows:
"40-5-22.
(a)
Except as otherwise provided in this Code section, the department shall not
issue any Class C driver´s license to any person who is under 18 years of
age or Class M driver´s license to any person who is under the age of 16
years, except that the department may, under subsection (a) of Code Section
40-5-24, issue a Class P instruction permit permitting the operation of a
noncommercial Class C vehicle to any person who is at least 15 years of age, and
may, under subsection (b) of Code Section 40-5-24, issue a Class D driver´s
license permitting the operation of a noncommercial Class C vehicle to any
person who is at least 16 years of age. On and after January 1, 1985, the
department shall not issue any driver´s license to any person under 18
years of age unless such person presents a certificate or other evidence
acceptable to the department which indicates satisfactory completion of an
alcohol and drug course as prescribed in subsection (b) of Code Section
20-2-142; provided, however, that a person under 18 years of age who becomes a
resident of this state and who has in his or her immediate possession a valid
license issued to him or her in another state or country shall not be required
to take or complete the alcohol and drug course. The department shall not issue
a driver´s license or a Class P instruction permit for the operation of a
Class A or B vehicle or any commercial driver´s license to any person who
is under the age of 18 years.
(a.1)(1)
The department shall not issue an instruction permit or driver´s license to
a person who is younger than 18 years of age unless at the time such minor
submits an application for an instruction permit or driver´s license the
applicant presents acceptable proof that he or she has received a high school
diploma, a general educational development (GED) diploma, a special diploma, or
a certificate of high school completion or has terminated his or her secondary
education and is enrolled in a postsecondary school, is pursuing a general
educational development (GED) diploma, or the records of the department indicate
that said applicant:
(A)
Is enrolled in and not under expulsion from a public or private school and has
satisfied relevant attendance requirements as set forth in paragraph (2) of this
subsection for a period of one academic year prior to application for an
instruction permit or driver´s license; or
(B)
Is enrolled in a home education program that satisfies the reporting
requirements of all state laws governing such program.
The
department shall notify such minor of his or her ineligibility for an
instruction permit or driver´s license at the time of such
application.
(2)
The department shall forthwith notify by certified mail or statutory overnight
delivery, return receipt requested, any minor issued an instruction permit or
driver´s license in accordance with this subsection other than a minor who
has terminated his or her secondary education and is enrolled in a postsecondary
school or who is pursuing a general educational development (GED) diploma that
such minor´s instruction permit or driver´s license is suspended
subject to review as provided for in this subsection if the department receives
notice pursuant to Code Section 20-2-701 that indicates that such
minor:
(A)
Has dropped out of school without graduating and has remained out of school for
ten consecutive school days;
(B)
Has ten or more school days of unexcused absences in the current academic year
or ten or more school days of unexcused absences in the previous academic year;
or
(C)
Has been found in violation by a hearing officer, panel, or tribunal of one of
the following offenses, has received a change in placement for committing one of
the following offenses, or has waived his or her right to a hearing and pleaded
guilty to one of the following offenses:
(i)
Threatening, striking, or causing bodily harm to a teacher or other school
personnel;
(ii)
Possession or sale of drugs or alcohol on school property or at a school
sponsored event;
(iii)
Possession or use of a weapon on school property or at a school sponsored event.
For purposes of this subparagraph, the term 'weapon' shall be defined in
accordance with Code Section 16-11-127.1 but shall not include any part of an
archeological or cultural exhibit brought to school in connection with a school
project;
(iv)
Any sexual offense prohibited under Chapter 6 of Title 16; or
(v)
Causing substantial physical or visible bodily harm to or seriously disfiguring
another person, including another student.
Notice
given by certified mail or statutory overnight delivery with return receipt
requested mailed to the person´s last known address shall be prima-facie
evidence that such person received the required notice. Such notice shall
include instructions to the minor to return immediately the instruction permit
or driver´s license to the department and information summarizing the
minor´s right to request an exemption from the provisions of this
subsection. The minor so notified may request in writing a hearing within ten
business days from the date of receipt of notice. Within 30 days after
receiving a written request for a hearing, the department shall hold a hearing
as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act.' After such hearing, the department shall sustain its order of suspension
or rescind such order. The department shall be authorized to grant an exemption
from the provisions of this subsection to a minor, upon such minor´s
petition, if there is clear and convincing evidence that the enforcement of the
provisions of this subsection upon such minor would create an undue hardship
upon the minor or the minor´s family or if there is clear and convincing
evidence that the enforcement of the provisions of this subsection would act as
a detriment to the health or welfare of the minor. Appeal from such hearing
shall be in accordance with said chapter. If no hearing is requested within the
ten business days specified above, the right to a hearing shall have been waived
and the instruction permit or driver´s license of the minor shall remain
suspended. The suspension provided for in this paragraph shall be for a period
of one year or shall end upon the date of such minor´s eighteenth birthday
or upon receipt of satisfactory proof that the minor is pursuing or has received
a general educational development (GED) diploma, a high school diploma, a
special diploma, a certificate of high school completion, or has terminated his
or her secondary education and is enrolled in a postsecondary school, whichever
comes first.
(3)
The State Board of Education and the commissioner of driver services are
authorized to promulgate rules and regulations to implement the provisions of
this subsection.
(4)
The Department of Technical and Adult Education shall be responsible for
compliance and noncompliance data for students pursuing a general educational
development (GED) diploma.
(a.2)(1)
On and after January 1, 2002, the department shall not issue any initial Class D
driver´s license or, in the case of a person who has never been issued a
Class D driver´s license by the department or the equivalent thereof by any
other jurisdiction, any initial Class C driver´s license unless such
person:
(A)
Has completed an approved driver education course in a licensed private or
public driver training school and in addition a cumulative total of at least 40
hours of other supervised driving experience including at least six hours at
night, all of which is verified in writing signed before a person authorized to
administer oaths by a parent or guardian of the applicant or by the applicant if
such person is at least 18 years of age; or
(B)
Has completed a cumulative total of at least 40 hours of supervised driving
experience including at least six hours at night, and the same is verified in
writing signed before a person authorized to administer oaths by a parent or
guardian of the applicant or by the applicant if such person is at least 18
years of age.
(2)
The commissioner shall by rule or regulation establish standards for approval of
any driver education course for purposes of subparagraph (A) of paragraph (1) of
this subsection, provided that such course shall be designed to educate young
drivers about safe driving practices and the traffic laws of this state and to
train young drivers in the safe operation of motor vehicles.
(3)
For purposes of supervised driving experience under paragraph (1) of this
subsection, supervision shall be provided by a person at least 21 years of age
who is licensed as a driver for a commercial or noncommercial Class C vehicle,
who is fit and capable of exercising control over the vehicle, and who is
occupying a seat beside the driver.
(4)
For the purposes of this Code section, the term 'approved driver education
training course' shall include those driver education training courses approved
by the department.
(b)
Notwithstanding the provisions of subsection (a) of this Code section, any
person 14 years of age who has a parent or guardian who is medically incapable
of being licensed to operate a motor vehicle due to visual impairment may apply
for and, subject to the approval of the commissioner, may be issued a restricted
noncommercial Class P instruction permit for the operation of a noncommercial
Class C vehicle. Any person permitted pursuant to this subsection shall be
accompanied by such visually impaired parent or guardian whenever operating a
motor vehicle.
(c)
The department shall not issue any driver´s license to nor renew the
driver´s license of any person:
(1)
Whose license has been suspended during such suspension, or whose license has
been revoked, except as otherwise provided in this chapter;
(2)
Whose license is currently under suspension or revocation in any other
jurisdiction upon grounds which would authorize the suspension or revocation of
a license under this chapter;
(3)
Who is a habitual user of alcohol or any drug to a degree rendering him or her
incapable of safely driving a motor vehicle;
(4)
Who has previously been adjudged to be afflicted with or suffering from any
mental disability or disease and who has not at the time of application been
restored to competency by the methods provided by law;
(5)
Who is required by this chapter to take an examination, unless such person shall
have successfully passed such examination;
(6)
Who the commissioner has good cause to believe would not, by reason of physical
or mental disability, be able to operate a motor vehicle with safety upon the
highway; or
(7)
Whose license issued by any other jurisdiction is suspended or revoked by such
other jurisdiction during the period such license is suspended or revoked by
such other jurisdiction.
(d)
Beginning 60 days after the date that the State Board of Education certifies to
the commissioner that adequate programs of driver education are in place
throughout the state, no person under 17 years of age shall be issued any Class
M driver´s license or any Class D driver´s license permitting the
operation of a noncommercial Class C vehicle unless such person shall be at
least 16 years of age and have completed an approved driver education training
course in a licensed public or private driver training school and have a
cumulative total of at least 40 hours of other supervised driving experience
including at least six hours at night, all of which is verified in writing
signed before a person authorized to administer oaths by a parent or guardian of
the applicant; provided, however, that a person who is 16 years of age who
becomes a resident of this state, who meets all of the requirements for the
issuance of a Class D license with the exception of the completion of an
approved driver education training course and at least 40 hours of supervised
driving experience, and who has in his or her immediate possession a valid
driver´s license equivalent to a Class C license issued to him or her in
another state or country may be issued a Class D license."
SECTION
3.
Said
article is further amended by striking Code Section 40-5-24, relating to
instruction permits and graduated licensing, in its entirety and inserting in
lieu thereof a new Code Section 40-5-24 to read as follows:
"40-5-24.
(a)(1)
Any resident of this state who is at least 15 years of age may apply to the
department for an instruction permit to operate a noncommercial Class C vehicle.
The department shall, after the applicant has successfully passed all parts of
the examination referred to in Code Section 40-5-27 other than the driving test,
issue to the applicant an instruction permit which shall entitle the applicant,
while having such permit in his or her immediate possession, to drive a Class C
vehicle upon the public highways for a period of two years when accompanied by a
person at least 21 years of age who is licensed as a driver for a commercial or
noncommercial Class C vehicle, who is fit and capable of exercising control over
the vehicle, and who is occupying a seat beside the driver.
(2)
Except as otherwise provided in this subsection, a person who has been issued an
instruction permit under this subsection and has never been issued a Class D
driver´s license under subsection (b) of this Code section will become
eligible for a Class D driver´s license under subsection (b) of this Code
section only if such person is at least 16 years of age, has a valid instruction
permit which is not under suspension, and, for a period of not less than 12
consecutive months prior to making application for a Class D driver´s
license, has not been convicted of a violation of Code Section 40-6-391, hit and
run or leaving the scene of an accident in violation of Code Section 40-6-270,
racing on highways or streets, using a motor vehicle in fleeing or attempting to
elude an officer, reckless driving, or convicted of any offense for which four
or more points are assessable under subsection (c) of Code Section
40-5-57.
(3)
This subsection does not apply to instruction permits for the operation of
motorcycles.
(4)
Beginning 60 days after the date that the State Board of Education certifies to
the commissioner that adequate programs of driver education are in place
throughout the state, no Class D driver´s license shall be issued to any
person under 17 years of age unless such person is at least 16 years of age,
meets all of the other qualifications of paragraph (2) of this subsection except
for age, and has completed an approved driver education training course as
provided in subsection (a.2) of Code Section 40-5-22 shall be eligible for a
Class D driver´s license.
(b)(1)
Except as otherwise provided in this subsection, any resident of this state who
is at least 16 years of age and who, for a period of at least 12 months, had a
valid instruction permit issued under subsection (a) of this Code section may
apply to the department for a Class D driver´s license to operate a
noncommercial Class C vehicle if such resident has otherwise complied with all
prerequisites for the issuance of such Class D driver´s license as provided
in subsection (a) of this Code section, provided that a resident at least 16
years of age who has at any age surrendered to the department a valid
instruction permit or driver´s license issued by another state or the
District of Columbia or who has submitted to the department proof, to the
satisfaction of the department, of a valid instruction permit or driver´s
license issued by another state or the District of Columbia may apply his or her
driving record under such previously issued permit or driver´s license
toward meeting the eligibility requirements for a Class D driver´s license
the same as if such previously issued permit or driver´s license were an
instruction permit issued under subsection (a) of this Code
section.
(2)
The department shall, after all applicable requirements have been met, issue to
the applicant a Class D driver´s license which shall entitle the applicant,
while having such license in his or her immediate possession, to drive a Class C
vehicle upon the public highways of this state under the following
conditions:
(A)
Any Class D license holder shall not drive a Class C motor vehicle on the public
roads, streets, or highways of this state between the hours of 12:00 Midnight
and 6:00 A.M. eastern standard time or eastern daylight time, whichever is
applicable; and
(B)(i)
Any Class D license holder shall not drive a Class C motor vehicle upon the
public roads, streets, or highways of this state when more than three other
passengers in the vehicle who are not members of the driver´s immediate
family are less than 21 years of age.
(ii)
During the six-month period immediately following issuance of such license, any
Class D license holder shall not drive a Class C motor vehicle upon the public
roads, streets, or highways of this state when any other passenger in the
vehicle is not a member of the driver´s immediate family.
(iii)
Notwithstanding the provisions of division (i) of this subparagraph, during the
second six-month period immediately following issuance of such license, any
Class D license holder shall not drive a Class C motor vehicle upon the public
roads, streets, or highways of this state when more than one other passenger in
the vehicle who is not a member of the driver´s immediate family is less
than 21 years of age;
provided,
however, that a Class D license holder shall not be charged with a violation of
this paragraph alone but may be charged with violating this paragraph in
addition to any other traffic offense.
(3)
A person who has been issued a Class D driver´s license under this
subsection and has never been issued a Class C driver´s license under this
chapter will become eligible for a Class C driver´s license under this
chapter only if such person has a valid Class D driver´s license which is
not under suspension and, for a period of not less than 12 consecutive months
prior to making application for a Class C driver´s license, has not been
convicted of a violation of Code Section 40-6-391, hit and run or leaving the
scene of an accident in violation of Code Section 40-6-270, racing on highways
or streets, using a motor vehicle in fleeing or attempting to elude an officer,
reckless driving, or convicted of any offense for which four or more points are
assessable under subsection (c) of Code Section 40-5-57 and is at least 18 years
of age.
(4)
Beginning 60 days after the date that the State Board of Education certifies to
the commissioner that adequate programs of driver education are in place
throughout the state, no Class D driver´s license shall be issued to any
person under 17 years of age unless such person is at least 16 years of age,
meets all of the other qualifications of paragraph (1) of this subsection except
for age, and has completed an approved driver education training course as
provided in subsection (a.2) of Code Section 40-5-22 shall be eligible for a
Class D driver´s license.
(c)(1)
Except as otherwise provided in this subsection, any resident of this state who
is at least 16 years of age may apply to the department for a noncommercial
Class M motorcycle instruction permit. The department shall, after the
applicant has successfully passed all parts of the examination other than the
driving test, issue to the applicant an instruction permit which shall entitle
the applicant, while having such permit in his or her immediate possession, to
drive a motorcycle or a motor driven cycle upon the public highways for a period
of six months. A motorcycle instruction permit shall not be valid when carrying
passengers, on a limited access highway, or at night.
(2)
Beginning 60 days after the date that the State Board of Education certifies to
the commissioner that adequate programs of driver education are in place
throughout the state, no Class M motorcycle instruction permit shall be issued
to any person under 17 years of age unless such person is at least 16 years of
age, meets all of the other qualifications of paragraph (1) of this subsection
except for age, and has completed an approved driver education training course
as provided in subsection (a.2) of Code Section 40-5-22 shall be eligible for a
Class M motorcycle instruction permit.
(d)
Any resident of this state who is at least 18 years of age may apply to the
department for an instruction permit to operate noncommercial vehicles in
Classes A and B. Such permits may be issued only to persons with valid
commercial or noncommercial Class C licenses or persons who have passed all
required tests for a commercial or noncommercial Class C license. The
department shall, after the applicant has successfully passed all parts of the
appropriate examination other than the skill and driving test, issue to the
applicant an instruction permit which shall entitle the applicant, while having
the permit in his or her immediate possession, to operate a vehicle of the
appropriate noncommercial class upon the public highways for a period of 12
months when accompanied by a licensed driver, qualified in the vehicle being
operated, who is fit and capable of exercising control over the vehicle, and who
is occupying a seat beside the driver as an instructor. Prior to being issued a
driver´s license for Classes A and B, the applicant shall pass a knowledge
and skill test for driving a Class A or B vehicle as provided by the
commissioner.
(e)
The department shall issue a temporary driver´s permit to an applicant for
a driver´s license permitting him or her to operate a specified type or
class of motor vehicle while the department is completing its investigation and
determination of all facts relative to such applicant´s eligibility to
receive a driver´s license. Such permit must be in his or her immediate
possession while operating a motor vehicle, and it shall be invalid when the
applicant´s license has been issued or for good cause has been refused.
Such permit shall be valid for no more than 45 days. When a license has been
refused, the permit shall be returned to the department within ten days of
receipt of written notice of refusal.
(f)
For the purposes of this Code section, the term 'approved driver education
training course' shall include those driver education training courses approved
by the department."
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.