09 LC 29
3796S
The
House Committee on Judiciary Non-civil offers the following substitute to HB
454:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 40-5-83 of the Official Code of Georgia Annotated, relating
to establishment and approval of driver clinics and programs, so as to increase
the assessment fees for approved DUI Alcohol or Drug Use Reduction Programs; 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.
Code
Section 40-5-83 of the Official Code of Georgia Annotated, relating to
establishment and approval of driver clinics and programs, is amended by
revising subsection (e) as follows:
"(e)
The department is designated as the agency responsible for establishing criteria
for the approval of DUI Alcohol or Drug Use Risk Reduction Programs. An
applicant
must
shall
meet the certification criteria promulgated by the department through its
standards and
must
shall
provide the following services: (1) the assessment component and (2) the
intervention component. The department is designated as the agency responsible
for establishing rules and regulations concerning the contents and duration of
the components of DUI Alcohol or Drug Use Risk Reduction Programs,
qualifications of instructors, attendance requirements for students,
examinations, and program evaluations. Qualified instructors shall be certified
for periods of four years each, which may be renewed. Approved DUI Alcohol or
Drug Use Risk Reduction Programs shall charge a fee of
$75.00
$82.00
for the assessment component and $190.00 for the intervention component. An
additional fee for required student program materials shall be established by
the department in such an amount as is reasonable and necessary to cover the
cost of such materials. No DUI Alcohol or Drug Use Risk Reduction Program shall
be approved unless such clinic agrees in writing to submit reports as required
in the rules and regulations of the department and to allow the examination and
audit of the books, records, and financial statements of such DUI Alcohol or
Drug Use Risk Reduction Program by the department or its authorized agent. DUI
Alcohol or Drug Use Risk Reduction Programs may be operated by any public,
private, or governmental entity; provided, however, that, except as otherwise
provided in this subsection, in any political subdivision in which a DUI Alcohol
or Drug Use Risk Reduction Program is operated by a private entity, whether for
profit or nonprofit, neither the local county board of health nor any other
governmental entity shall fund any new programs in that area. Programs
currently in existence which are operated by local county boards of health or
any other governmental entities shall be authorized to continue operation. New
programs may be started in areas where no private DUI Alcohol or Drug Use Risk
Reduction Programs have been made available to said community. The Department
of Corrections is authorized to operate DUI Alcohol or Drug Use Risk Reduction
Programs in its facilities where offenders are not authorized to participate in
such programs in the community, provided that such programs meet the
certification criteria promulgated by the Department of Driver Services. All
such programs operated by the Department of Corrections shall be exempt from all
fee provisions established in this subsection specifically including the rebate
of any fee for the costs of administration. No DUI Alcohol or Drug Use Risk
Reduction Program
will
shall
be approved unless such clinic agrees in writing to pay to the state, for the
costs of administration, a fee of
$15.00
$22.00,
for each offender assessed or each offender attending for points reduction,
provided that nothing in this Code section shall be construed so as to allow the
department to retain any funds required by the Constitution of Georgia to be
paid into the state treasury; and provided, further, that the department shall
comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the
'Budget Act,' except Code Section 45-12-92, prior to expending any such
miscellaneous funds."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.