SB160: SB160 Reckless Stunt Driving; a motor vehicle involved in a second offense of reckless stunt driving; replace the forfeiture penalty

26 LC 56 0551S Senate Bill 160 By: Senators Kirkpatrick of the 32nd, Albers of the 56th, Jones of the 10th, Robertson of the 29th, Halpern of the 39th and others AS PASSED A BILL TO BE ENTITLED AN ACT To amend Titles 40, 42, and 43 of the Official Code of Georgia Annotated, relating to motor1 vehicles and traffic, penal institutions, and professions and businesses, respectively, so as to2 provide for intelligent speed assistance device limited driving permits for certain suspensions3 of driver's licenses upon conviction for reckless stunt driving ; to provide for procedures,4 conditions, and fees for the issu ance of such permits; to provi de for revocation of such5 permit; to provide for hearings; to provide for electronic deli very of notices and6 communications; to provide for the purchase or lease of intelligent speed assistance devices7 by counties, municipalities, or private entities; to provide for certification of intelligent speed8 assistance devices; to provide for warning labels; to provide for revocation of probation; to9 revise a short title; to provide for licenses to operate provider centers for those that install,10 maintain, and monitor intelligent speed assistance devices; to provide for definitions; to11 provide for rules and regulations; to provide an effective date; to provide for related matters;12 to repeal conflicting laws; and for other purposes.13 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14 S. B. 160 - 1 - 26 LC 56 0551S SECTION 1.15 Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is16 amended in Code Section 40-5-1, relating to definitions, by adding new paragraphs to read17 as follows:18 "(9.2) 'Intelligent speed assistance device' means a constant monitoring device certified19 by the commissioner to be installed within a motor vehicle to a ctively monitor and20 prevent the operator from exceeding a preset speed. Such term shall not include any21 technology provided by the motor vehicle manufacturer as a comp onent of a motor22 vehicle that controls or affects the speed of a motor vehicle."23 "(14.1) 'Provider center' means a facility established for the purpose of providing and24 installing intelligent speed assistance devices when their use is required by or as a result25 of an order of a court."26 SECTION 2.27 Said title is further amended by revising Code Section 40-5-57.2, relating to suspension of28 license for reckless stunt driving, as follows:29 "40-5-57.2.30 (a) The driver's license of any person convicted of reckless s tunt driving in violation of31 Code Section 40-6-390.1 shall by operation of law be suspended, and such suspension shall32 be subject to the following terms and conditions:33 (1) Upon the first conviction of any such offense, with no arrest and conviction of and34 no plea of nolo contendere accepted to such offense within the previous five years, as35 measured from the dates of previous arrests for which convictions were obtained to the36 date of the current arrest for which a conviction is obtained, the period of suspension shall37 be up to 12 months, provided that such person may apply to the department for early38 reinstatement of his or her driver's license at the end of 120 days. A person whose license39 has been suspended pursuant to t his paragraph may, if eligible under Code Section40 S. B. 160 - 2 - 26 LC 56 0551S 40-5-64.2, apply for a limited driving permit pursuant to such Code section. Such license41 shall be reinstated upon payment of a restoration fee of $210.00, or $200.00 when such42 reinstatement is processed by mail;43 (2) Upon the second conviction of any such offense within five years, as measured from44 the dates of previous arrests for which convictions were obtain ed to the date of the45 current arrest for which a conviction is obtained, the period o f suspension shall be for46 three years, provided that such person may apply to the departm ent for early47 reinstatement of his or her driver's license after 18 months fr om the date of the48 conviction. A person whose license has been suspended pursuant to this paragraph may,49 if eligible under Code Section 40-5-64.2, apply for a limited driving permit pursuant to50 such Code section. Such license A driver's license suspended pursuant to this paragraph51 shall be reinstated upon payment of a restoration fee of $310.00, or $300.00 when such52 reinstatement is processed by mail; and53 (3) Upon the third or subsequent conviction of any such offens e within five years, as54 measured from the dates of previous arrests for which convictions were obtained to the55 date of the current arrest for which a conviction is obtained, such person shall be56 considered a habitual violator, and such person's license shall be revoked as provided for57 in Code Section 40-5-58. A person whose license has been suspended pursuant to this58 subsection may, if eligible under Code Section 40-5-58 such Code section, apply for a59 probationary license pursuant to such Code section. A driver's license suspension60 imposed under this paragraph shall run concurrently with and shall be counted toward the61 fulfillment of any period of revocation imposed directly under Code Sections 40-5-58 and62 40-5-62, provided that such revocation arose from the same act for which the suspension63 was imposed.64 (b) Whenever a person is convicted of reckless stunt driving in violation of Code Section65 40-6-390.1, the court in which such conviction is entered shall require the surrender of any66 driver's license then held by the person so convicted, and the court shall thereupon forward67 S. B. 160 - 3 - 26 LC 56 0551S such license and a copy of its order to the department within ten days after the conviction. 68 The method of calculating the periods of suspension provided for in this Code section shall69 be governed by subsection (e) of Code Section 40-5-61.70 (c) Application for reinstatement of a driver's license under paragraph (1) or (2) of71 subsection (a) of this Code section shall be made on such forms as the commissioner may72 prescribe and shall be accompanied by the applicable restoration fee.73 (d) Except as provided in subsection (a) of this Code section, it shall be unlawful for any74 person to operate any motor vehicle in this state after such pe rson's license has been75 suspended pursuant to this Code section if such person has not thereafter obtained a valid76 license or limited permit. Any person who is convicted of operating a motor vehicle before77 the department has reinstated such person's license or before o btaining a limited driving78 permit or probationary license shall be punished by a fine of not less than $750.00 nor more79 than $5,000.00 or by imprisonment in the penitentiary for not m ore than 12 months, or80 both."81 SECTION 3.82 Said title is further amended in Chapter 5, relating to drivers' licenses, by adding a new Code83 section to read as follows:84 "40-5-64.2.85 (a) To whom issued.86 (1) Notwithstanding any contrary provision of this Code sectio n or Code Section87 40-5-57, 40-5-63, 40-5-75, 40-5-121, or 42-8-111, any person ma y apply for an88 intelligent speed assistance device limited driving permit when such person's driver's89 license has been suspended in pursuant to paragraph (1) or (2) of subsection (a) of Code90 Section 40-5-57.2.91 (2) The department shall not issue an intelligent speed assistance device limited driving92 permit to any person:93 S. B. 160 - 4 - 26 LC 56 0551S (A) Under 21 years of age;94 (B) Who is not currently licensed to operate a motor vehicle in this state;95 (C) Who currently holds a license to drive a commercial motor vehicle;96 (D) Whose driver's license is subject to an administrative suspension for involvement97 in a traffic accident resulting in injuries or fatalities; or98 (E) Whose driver's license is subject to a suspension, revocat ion, or cancellation for99 any reason other than as contemplated by this Code section.100 (b) Application form. Applications for intelligent speed assistance device limited driving101 permits shall be made upon such forms as the commissioner may p rescribe. All102 applications shall be signed by the applicant before a person authorized to administer oaths.103 (c) Fee and validity.104 (1) The fee for an intelligent speed assistance device limited driving permit issued105 pursuant to this Code section shall be $32.00.106 (2) An intelligent speed assistance device limited driving per mit shall be valid for a107 period of one year, and such permit may be renewed for additional periods of six months108 upon payment of a renewal fee of $32.00, but it may only be renewed one time after such109 person is eligible to reinstate his or her driver's license.110 (3) Upon payment of a fee in the same amount as that provided by Code Section 40-5-25111 for the issuance of a Class C driver's license, a person may be issued a replacement for112 a lost or destroyed intelligent speed assistance device limited driving permit previously113 issued to him or her.114 (d) Revocation of intelligent speed assistance device limited driving permit.115 (1)(A) The department shall revoke the intelligent speed assis tance device limited116 driving permit of any permittee who is convicted of violating any state law relating to117 the movement of vehicles. Any court in which such conviction is had shall require such118 permittee to surrender the intelligent speed assistance device limited driving permit to119 S. B. 160 - 5 - 26 LC 56 0551S the court, and the court shall forward the permit along with a copy of the conviction to120 the department within ten days after the conviction.121 (B) The department shall revoke the intelligent speed assistance device limited driving122 permit of a permittee upon receipt of notice from a provider center that an intelligent123 speed assistance device has been tampered with, a permittee has failed to report for124 monitoring as required by law, or an intelligent speed assistan ce device has been125 removed from any motor vehicle to be driven by a permittee prio r to successful126 completion of the required term of monitoring under paragraph (2) of subsection (c) of127 this Code section.128 (2) The department shall notify the permittee of such revocation by regular mail to his129 or her last known address. Such notice of revocation shall inf orm the permittee of the130 grounds for and effective date of the revocation and of the right to hearing. The notice131 of revocation shall be deemed received three days after mailing.132 (3) Any person whose intelligent speed assistance device limited driving permit has been133 revoked for the first time shall not be eligible to apply for a driver's license until six134 months from the date such permit was revoked by the department. Any person whose135 intelligent speed assistance device limited driving permit has previously been revoked136 shall not be eligible to apply for a driver's license until two years from the date such137 permit was revoked by the department.138 (e) Hearings. Any person whose intelligent speed assistance device limited driving permit139 has been revoked or who has been refused such permit by the dep artment may make a140 request in writing for a hearing to be provided by the department. Such hearing shall be141 provided by the department within 30 days after the receipt of such request and shall follow142 the procedures required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure143 Act.' Appeal from such hearing shall be in accordance with such chapter.144 (f) Notices and communications. Any notice or communication required under this Code145 section may be sent electronically, provided that the intended recipient of such notice or146 S. B. 160 - 6 - 26 LC 56 0551S communication has affirmatively opted into receiving any such notice or communication147 electronically.148 (g) Rules and regulations. The commissioner may promulgate rules and regulations as149 are necessary to implement this Code section."150 SECTION 4.151 Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended152 in Code Section 42-3-111, relating to definitions regarding pro bation management, by153 revising paragraph (2) as follows:154 "(2) 'Electronic monitoring' means supervising, mapping, or tra cking the location of a155 probationer by means including electronic surveillance, voice r ecognition, facial156 recognition, fingerprinting or biometric scan, automated kiosk, automobile ignition157 interlock device, intelligent speed assistance device, or global positioning systems which158 may coordinate data with crime scene information."159 SECTION 5.160 Said title is further amended in Chapter 8, relating to probation, by adding a new article to161 read as follows:162 "ARTICLE 8163 42-8-130.164 (a) As used in this article, the term:165 (1) 'Intelligent speed assistance device' means a constant monitoring device certified by166 the commissioner to be installed within a motor vehicle to actively monitor and prevent167 the operator from exceeding a preset speed. Such term shall not include any technology168 provided by the motor vehicle manufacturer as a component of a motor vehicle that169 controls or affects the speed of a motor vehicle.170 S. B. 160 - 7 - 26 LC 56 0551S (2) 'Provider center' means a facility established for the pur pose of providing and171 installing intelligent speed assistance devices when their use is required by or as a result172 of an order of a court or as required in order to maintain an intelligent speed assistance173 device limited driving permit in accordance with Code Section 40-5-64.2.174 (b) Intelligent speed assistance devices for provider centers may be purchased or leased175 by counties, municipalities, or private entities.176 (c) A provider center shall be authorized to charge the person whose vehicle is to be177 equipped with an intelligent speed assistance device such installation, deinstallation, and178 user fees as are approved by the Department of Driver Services. A provider center may179 also require such person to make a security deposit for the safe return of such device.180 (d) If a county, municipality, or other political subdivision of this state purchases or leases181 intelligent speed assistance devices from a private entity, such county or municipality shall182 allow persons who are found by the court to be indigent and una ble to pay the fees or183 deposits for such device to participate in the intelligent speed assistance program.184 42-8-131.185 (a) No judicial officer, community supervision officer, law enforcement officer, or other186 officer or employee of a court; person who owns, operates, or i s employed by a private187 company which has contracted to provide private probation servi ces for misdemeanor188 cases; or professional bondsman or agent or employee thereof sh all specify, directly or189 indirectly, a particular provider center which the person may or shall utilize when use of190 an intelligent speed assistance device is required. This subse ction shall not prohibit any191 judicial officer, community supervision officer, law enforcement officer, or other officer192 or employee of a court; owner, operator, or employee of a priva te company which has193 contracted to provide probation services for misdemeanor cases; or professional bondsman194 or agent or employee thereof from furnishing any person, upon r equest, the names of195 certified provider centers.196 S. B. 160 - 8 - 26 LC 56 0551S (b) No person who owns, operates, or is employed by a private company which has197 contracted to provide probation services for misdemeanor cases or professional bondsman198 or agent or employee thereof shall be authorized to own, operat e, or be employed by a199 provider center.200 42-8-132.201 (a) The commissioner of driver services or the commissioner's designee shall certify202 intelligent speed assistance devices required by Code Section 40-5-64.2 and the providers203 of such devices and shall promulgate rules and regulations for the certification of such204 devices and providers. The standards for certification of such devices shall include, but205 shall not be limited to, those standards for such devices promu lgated by the National206 Highway Traffic Safety Administration and adopted by rule or re gulation of the207 Department of Driver Services.208 (b) The commissioner of driver services may utilize informatio n from an independent209 agency to certify intelligent speed assistance devices on or of f the premises of the210 manufacturer in accordance with rules and regulations promulgated pursuant to this article. 211 The cost of certification shall be borne by the manufacturers of intelligent speed assistance212 devices.213 (c) The commissioner of driver services shall adopt rules and regulations for determining214 the accuracy of and proper use of the intelligent speed assistance devices in full compliance215 with this article. No model of intelligent speed assistance device shall be certified unless216 it meets the accuracy requirements specified by such rules and regulations.217 42-8-133.218 The providers certified by the Department of Driver Services sh all design and adopt219 pursuant to regulations of such department a warning label which shall be affixed to each220 intelligent speed assistance device upon installation. The label shall contain a warning that221 S. B. 160 - 9 - 26 LC 56 0551S any person tampering, circumventing, or otherwise misusing the device is guilty of a222 misdemeanor and may be subject to civil liability.223 42-8-134.224 (a) In the event the sentencing court revokes a person's probation after finding that such225 person has violated the terms of the certificate of eligibility for an intelligent speed226 assistance device limited driving permit, the Department of Driver Services shall revoke227 such person's driving privilege for one year from the date the court revokes the person's228 probation. The court shall report such probation revocation to the Department of Driver229 Services by court order."230 SECTION 6.231 Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,232 is amended by revising Chapter 12A, relating to ignition interl ock device providers, as233 follows:234 "CHAPTER 12A235 43-12A-1.236 This chapter shall be known and may be cited as the 'Intelligent Speed Assistance Device237 and Ignition Interlock Device Providers Act.'238 43-12A-2.239 As used in this chapter, the term:240 (1) 'Commissioner' means the commissioner of driver services.241 (2) 'Department' means the Department of Driver Services acting directly or through its242 duly authorized officers and agents.243 S. B. 160 - 10 - 26 LC 56 0551S (3) 'Ignition interlock device' means a constant monitoring de vice certified by the244 commissioner which prevents a motor vehicle from being started at any time without first245 determining the equivalent blood alcohol concentration of the operator through the taking246 of a deep lung breath sample. The system shall be calibrated s o that the motor vehicle247 may not be started if the blood alcohol concentration of the operator, as measured by the248 device, exceeds 0.02 grams or if the sample is not a sample of human breath.249 (4) 'Intelligent speed assistance device' means a constant monitoring device certified by250 the commissioner to be installed within a motor vehicle to actively monitor and prevent251 the operator from exceeding a preset speed. Such term shall not include any technology252 provided by the motor vehicle manufacturer as a component of a motor vehicle that253 controls or affects the speed of a motor vehicle.254 (5) 'Provider center' means a facility established for the purpos e of providing and255 installing ignition interlock devices or intelligent speed assistance devices when their use256 is required by or as a result of an order of a court.257 43-12A-3.258 No person shall operate a provider center or engage in the practice of providing, installing,259 or monitoring ignition interlock devices or intelligent speed a ssistance devices unless a260 license therefor has been secured from the department.261 43-12A-4.262 (a) Every person who that desires to operate a provider center shall meet the following263 requirements:264 (1) Maintain an established place of business in the state which is open to the public;265 (2) Maintain a general liability policy of insurance, includin g products and completed266 operations, with not less than $50,000.00 of combined single li mits, with an insurance267 carrier authorized by the Commissioner of Insurance to write po licies in the this state. 268 S. B. 160 - 11 - 26 LC 56 0551S Evidence of such insurance coverage, in the form of a certifica te from the insurance269 carrier, shall be filed with the department; , and such certificate shall stipulate that the270 insurance shall not be canceled except upon ten days' prior wri tten notice to the271 department;272 (3) Provide a continuous surety bond in the principal sum of $ 10,000.00 for the273 protection of the contractual rights of individuals required to maintain an ignition274 interlock device or intelligent speed assistance device in such form as will meet with the275 approval of the department and written by a company authorized to do business in this276 state; provided, however, that the aggregate liability of the surety for all breaches of the277 condition of the bond in no event shall exceed the principal su m of $20,000.00 per278 location, and a single bond at such rate for all locations separately licensed and operated279 by the same person may be provided in satisfaction of this paragraph. The surety on any280 such bond may cancel such bond on giving 30 days' notice thereo f in writing to the281 department and shall be relieved of liability for any breach of any condition of the bond282 which occurs after the effective date of cancellation;283 (4) Have the equipment and knowledge necessary to provide, ins tall, and monitor284 ignition interlock devices and intelligent speed assistance dev ices as prescribed by the285 department; and286 (5) Pay to the department an application fee of $250.00.287 (b) The department shall conduct a records check for any applicant for certification as a288 provider center operator. Each applicant shall submit two sets of classifiable fingerprints289 to the department. The department shall transmit both sets of fingerprints to the Georgia290 Crime Information Center, which shall submit one set of fingerprints to the Federal Bureau291 of Investigation for a search of bureau records and an appropri ate report and shall retain292 one set of fingerprints and promptly conduct a search of state records. After receiving a293 report from the Georgia Crime Information Center and the Federal Bureau of Investigation,294 the department shall determine whether the applicant may be licensed. The applicant shall295 S. B. 160 - 12 - 26 LC 56 0551S be responsible for any fee or other charge allowed by law or rule or regulation promulgated296 by the department, the Georgia Crime Information Center, or the Federal Bureau of297 Investigation for the submission, processing, and review of such fingerprints.298 (c) No applicant shall be licensed or certified who does not meet under this Code section299 unless such person meets the requirements set forth in Code Section 43-12A-6.300 43-12A-5.301 (a) No provider center shall be permitted to use, adopt, or conduct any business under any302 name that is like or deceptively similar to any name of a Georg ia corporation registered303 with the Secretary of State.304 (b) This Code section shall not prohibit the franchising or licensing of any part or all of the305 name of a provider center by the owner of the rights therein to another licensed provider306 center.307 (c) A judicial officer, community supervision officer, law enf orcement officer, or other308 officer or employee of a court or any person employed by a priv ate company which has309 contracted to provide private probation services for misdemeanor cases, or any employee310 of the Department of Driver Services or the Department of Behav ioral Health and311 Developmental Disabilities, and any immediate family member thereof shall be prohibited312 from owning, operating, being employed by, acting as an agent or servant for, or having313 a financial interest in any provider center.314 43-12A-6.315 Every person who desires to operate a provider center or to eng age in the practice of316 providing, installing, or monitoring ignition interlock devices or intelligent speed assistance317 devices:318 (1) Shall not have knowingly made misleading, deceptive, untru e, or fraudulent319 representations in the practice of a business or profession licensed under this title or on320 S. B. 160 - 13 - 26 LC 56 0551S any document connected therewith; or practiced fraud or deceit or intentionally made any321 false statement in obtaining a license to practice the licensed business or profession; or322 made a false statement or deceptive registration with the board;323 (2) Shall not have been convicted of a second or subsequent violation of Code Section324 40-6-391 within five years, as measured from the dates of previ ous arrests for which325 convictions were obtained to the date of the current arrest for which a conviction is326 obtained;327 (3) Shall not have been convicted of any felony or of any crime involving theft, fraud,328 violence, or moral turpitude in the courts of this state or any other state, territory, or329 country or in the courts of the United States. As used in this paragraph, the term 'felony'330 shall mean means any offense which, if committed in this state, would be deemed a331 felony, without regard to its designation elsewhere; and the term 'conviction' shall mean332 means a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal333 of the conviction has been sought;334 (4) Shall not have been arrested, charged, and sentenced for t he commission of any335 felony, or any crime involving theft, fraud, violence, or moral turpitude, where when:336 (A) First offender treatment without adjudication of guilt pursuant to the charge was337 granted; or338 (B) An adjudication of guilt or sentence was otherwise withheld or not entered on the339 charge, except with respect to a plea of nolo contendere.340 The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating341 to probation of first offenders, or other first offender treatm ent shall be conclusive342 evidence of arrest and sentencing for such crime;343 (5) Shall submit at least one set of classifiable electronically recorded fingerprints to the344 department in accordance with the fingerprint system of identification established by the345 director of the Federal Bureau of Investigation. The departmen t shall transmit the346 fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints347 S. B. 160 - 14 - 26 LC 56 0551S to the Federal Bureau of Investigation for a search of bureau records and an appropriate348 report and promptly conduct a search of state records based upon the fingerprints. After349 receiving the report from the Georgia Crime Information Center and the Federal Bureau350 of Investigation, the department shall determine whether the applicant may be certified;351 and352 (6) Shall be a United States citizen, or if not a citizen, pre sent federal documentation353 verified by the United States Department of Homeland Security to be valid documentary354 evidence of lawful presence in the United States under federal immigration law.355 43-12A-7.356 (a) The department shall issue a license certificate to each provider center operator when357 such person has met the qualifications required under this chapter. Each provider center358 shall be required to have a separate license for each location, but mobile units operating out359 of a particular licensed location need not be separately licensed.360 (b) All licenses issued to operators of provider centers pursu ant to this chapter shall be361 valid for four years from the date of issuance unless sooner ca nceled, suspended, or362 revoked under Code Section 43-12A-8. All licenses shall be ren ewed through the363 department as provided in subsection (d) of this Code section a nd shall be valid for four364 years from the date of renewal.365 (c) The license of each provider center operator may be renewe d subject to the same366 conditions as the original license and upon payment of a fee of $100.00.367 (d) All applications for renewal of a provider center operator's license shall be on a form368 prescribed by the department and must be filed with the department not more than 60 days369 nor fewer than ten days preceding the expiration date of the license to be renewed.370 S. B. 160 - 15 - 26 LC 56 0551S 43-12A-8.371 The department may cancel, suspend, revoke, or refuse to renew any provider center's372 license upon good cause being shown and after ten days' notice to the license holder if:373 (1) The department is satisfied that the licensee fails to meet the requirements to receive374 or hold a license under this chapter;375 (2) The licensee permits fraud or engages in fraudulent practices, with reference to either376 the applicant or the department, or induces or countenances fraud or fraudulent practices377 on the part of any applicant for a driver's license or permit;378 (3) The licensee fails to comply with this chapter or any rule of the department made379 pursuant thereto;380 (4) The licensee represents himself or herself as an agent or employee of the department381 or uses advertising designed to lead, or which would reasonably have the effect of382 leading, persons to believe that such licensee is in fact an employee or representative of383 the department;384 (5) The licensee or any employee or agent of the licensee directly or indirectly solicits385 business by personal solicitation on public property or in any department, agency, or386 office of the state which involves the administration of any law relating to motor vehicles,387 whether by telephone, mail, or electronic communications. A violation of this paragraph388 shall be a misdemeanor. Advertising in any mass media, includi ng, but not limited to,389 newspapers, radio, television, magazines, or telephone directories, by a provider center390 shall not be considered a violation of this paragraph; or391 (6) The driver's license of the licensee has been canceled, suspended, or revoked.392 43-12A-9.393 (a) The commissioner is authorized to prescribe, by rule, stan dards for the eligibility,394 conduct, and equipment required for a person to be licensed to operate a provider center395 and to adopt other reasonable rules and regulations to carry ou t this chapter. 396 S. B. 160 - 16 - 26 LC 56 0551S Notwithstanding the foregoing, violations that are minor in nat ure and committed by a397 person, firm, or corporation shall be punished only by a writte n reprimand unless the398 person, firm, or corporation fails to remedy the violation within 30 days, in which case an399 administrative fine, not to exceed $250.00, may be issued.400 (b) The commissioner shall have the authority to assess, after a hearing, an administrative401 fine not to exceed $1,000.00 per violation against any provider center, agent, or employee402 that fails to comply with any requirement imposed by or pursuant to this chapter.403 (c) The hearing and any administrative review thereof shall be conducted in accordance404 with the procedure for contested cases under Chapter 13 of Titl e 50, the 'Georgia405 Administrative Procedure Act.' Any person, firm, or corporatio n who has exhausted all406 administrative remedies available and who is aggrieved or adver sely affected by a final407 order or action of the commissioner shall have the right of jud icial review thereof in408 accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall409 be paid into the state treasury. The commissioner may file in the superior court:410 (1) Wherein the person under order resides;411 (2) If such person is a corporation, in the county wherein the corporation maintains its412 principal place of business; or413 (3) In the county wherein the violation occurred414 a certified copy of a final order of the commissioner, whether unappealed from or affirmed415 upon appeal, whereupon the court shall render judgment in accordance therewith and notify416 the parties. Such judgment shall have the same effect, and proceedings in relation thereto417 shall thereafter be the same as though the judgment had been re ndered in an action duly418 heard and determined by the court. The penalty prescribed in t his Code section shall be419 concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative420 rights, remedies, forfeitures, or penalties provided, allowed, or available to the421 commissioner with respect to any violation of this chapter or a ny order, rules, or422 regulations promulgated pursuant to this chapter."423 S. B. 160 - 17 - 26 LC 56 0551S SECTION 7.424 This Act shall become effective on July 1, 2028.425 SECTION 8.426 All laws and parts of laws in conflict with this Act are repealed.427 S. B. 160 - 18 -