HB247: HB247 Motor vehicles; restoration of licenses; authorize written consent for release of certain information to be obtained and transferred electronically

25 LC 39 4550 House Bill 247 By: Representatives Powell of the 33rd, Crowe of the 118th, Jasperse of the 11th, Ridley of the 6th, Corbett of the 174th, and others A BILL TO BE ENTITLED AN ACT To amend Article 4 of Chapter 5 of Title 40 of the Official Cod e of Georgia Annotated,1 relating to restoration of licenses to persons completing defensive driving course or alcohol2 or drug program, so as to authorize written consent for release of certain information to be3 obtained and transferred electronically; to require certain tra ining for clinical evaluators4 performing assessment components; to revise the authorized fees relating to such courses;5 to provide for related matters; to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Article 4 of Chapter 5 of Title 40 of the Official Code of Geor gia Annotated, relating to9 restoration of licenses to persons completing defensive driving course or alcohol or drug10 program, is amended by revising subsection (d) of Code Section 40-5-82, relating to11 administration of program, as follows:12 "(d) All DUI Alcohol or Drug Use Risk Reduction Program records including, but not13 limited to, assessment results and other components attended shall be confidential and shall14 not be released without the written consent of the DUI offender, except that such records15 shall be made available to the Department of Behavioral Health and Developmental16 H. B. 247 - 1 - 25 LC 39 4550 Disabilities and the Department of Driver Services. The written consent required by this17 subsection may be obtained and transferred in electronic format . The provision of18 assessments to the Department of Behavioral Health and Developmental Disabilities shall19 be according to an interagency agreement between the Department of Driver Services and20 the Department of Behavioral Health and Developmental Disabilities, and the agreement21 may provide for assessment fees to be transmitted to the Department of Behavioral Health22 and Developmental Disabilities."23 SECTION 2.24 Said article is further amended in Code Section 40-5-83, relating to approval and operation25 of driver improvement clinics and criteria for defensive drivin g courses, alcohol and drug26 courses, and driving under the influence risk reduction programs, by revising paragraph (1)27 of subsection (a) and paragraphs (1) and (2) of subsection (e) as follows:28 "(a)(1) The commissioner shall establish criteria for the approval of driver improvement29 clinics. To be approved, a clinic shall provide and operate a defensive driving course. 30 Clinics shall be composed of uniform education and training programs consisting of six31 hours of instruction designed for the rehabilitation of problem drivers. The commissioner32 shall establish standards and requirements concerning the contents of defensive driving33 courses, qualifications of instructors, attendance requirements for students, and34 examinations. Approved clinics shall charge a fee of $95.00 $125.00 for a defensive35 driving course, except that such clinics may charge different fees of their own choosing36 if the person is not enrolling in such course pursuant to court order or department37 requirement. No clinic shall be approved unless such clinic agrees in writing to allow the38 examination and audit of the books, records, and financial stat ements of such clinic. 39 Clinics may be operated by any individual, partnership, or corporation. Nothing in this40 paragraph shall be construed to affect in any way driving progr ams established for41 H. B. 247 - 2 - 25 LC 39 4550 purposes of insurance premium reductions under the provisions of Code Section 33-9-42."42 "(e)(1) The department is designated as the agency responsible for establishing criteria43 for the certification of DUI Alcohol or Drug Use Risk Reduction Programs. An applicant44 shall meet the certification criteria promulgated by the department through its standards45 and shall provide assessment component services and intervention component services. 46 A certified DUI Alcohol or Drug Use Risk Reduction Program shall require that a risk47 assessment component be conducted prior to administering the intervention component48 of such program. A certified DUI Alcohol or Drug Use Risk Redu ction Program may49 include a clinical evaluation component after an individual completes risk assessment and50 intervention services. Only clinical evaluators licensed by the Department of Behavioral51 Health and Developmental Disabilities with training in alcohol and drug abuse evaluation52 or assessment shall be qualified to conduct clinical evaluations. The depar tment is53 designated as the agency responsible for establishing rules and regulations concerning the54 contents and duration of the components of DUI Alcohol or Drug Use Risk Reduction55 Programs, qualifications of instructors, attendance requirement s for students,56 examinations, and program evaluations. Qualified instructors s hall be certified for57 periods of four years each, which may be renewed.58 (2) Certified DUI Alcohol or Drug Use Risk Reduction Programs shall charge a fee of59 $100.00 $150.00 for the assessment component and $235.00 $350.00 for the intervention60 component. The fee for intervention component services authori zed by this paragraph61 shall include any costs associated with the transfer of documen ts associated with the62 performance of a required assessment component. An additional fee for required student63 program materials shall be established by the department in suc h an amount as is64 reasonable and necessary to cover the cost of such materials."65 SECTION 3.66 All laws and parts of laws in conflict with this Act are repealed.67 H. B. 247 - 3 -