09 LC 34
2168
House
Bill 538
By:
Representative Rice of the
51st
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 usage of licensed defensive driving
courses in pretrial diversion programs; to provide that certificates of
completion from unlicensed courses shall not be recognized; 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 with
jurisdiction over misdemeanor traffic law offenses under any pretrial diversion
program shall require the offender to complete, at a minimum, a defensive
driving course licensed and approved by the department under the provisions of
Code Sections 40-5-82 and 40-5-83. Certificates of completion from unlicensed
defensive driving courses shall not be recognized for any purposes under this
article."
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, as follows:
"(a)(1)
The commissioner shall establish criteria for the approval of 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 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
the effective date of this paragraph,
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
a driver
improvement program. On or after July 1, 2010, a 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."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.