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 motor vehicles and traffic, penal institutions, and professions and businesses, respectively, so as to provide for intelligent speed assistance device limited driving permits for certain suspensions of driver's licenses upon conviction for reckless stunt driving; to provide for procedures, conditions, and fees for the issuance of such permits; to provide for revocation of such permit; to provide for hearings; to provide for electronic delivery of notices and communications; to provide for the purchase or lease of intelligent speed assistance devices by counties, municipalities, or private entities; to provide for certification of intelligent speed assistance devices; to provide for warning labels; to provide for revocation of probation; to revise a short title; to provide for licenses to operate provider centers for those that install, maintain, and monitor intelligent speed assistance devices; to provide for definitions; to provide for rules and regulations; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-5-1, relating to definitions, by adding new paragraphs to read as follows: "(9.2) 'Intelligent speed assistance device' means a constant monitoring device certified by the commissioner to be installed within a motor vehicle to actively monitor and prevent the operator from exceeding a preset speed. Such term shall not include any technology provided by the motor vehicle manufacturer as a component of a motor vehicle that controls or affects the speed of a motor vehicle." "(14.1) 'Provider center' means a facility established for the purpose of providing and installing intelligent speed assistance devices when their use is required by or as a result of an order of a court." SECTION 2. Said title is further amended by revising Code Section 40-5-57.2, relating to suspension of license for reckless stunt driving, as follows: "40-5-57.2. (a) The driver's license of any person convicted of reckless stunt driving in violation of Code Section 40-6-390.1 shall by operation of law be suspended, and such suspension shall be subject to the following terms and conditions: (1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be up to 12 months, provided that such person may apply to the department for early reinstatement of his or her driver's license at the end of 120 days. A person whose license has been suspended pursuant to this paragraph may, if eligible under Code Section 40-5-64.2, apply for a limited driving permit pursuant to such Code section. Such license shall be reinstated upon payment of a restoration fee of $210.00, or $200.00 when such reinstatement is processed by mail; (2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years, provided that such person may apply to the department for early reinstatement of his or her driver's license after 18 months from the date of the conviction. A person whose license has been suspended pursuant to this paragraph may, if eligible under Code Section 40-5-64.2, apply for a limited driving permit pursuant to such Code section. Such license A driver's license suspended pursuant to this paragraph shall be reinstated upon payment of a restoration fee of $310.00, or $300.00 when such reinstatement is processed by mail; and (3) Upon the third or subsequent conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and such person's license shall be revoked as provided for in Code Section 40-5-58. A person whose license has been suspended pursuant to this subsection may, if eligible under Code Section 40-5-58 such Code section, apply for a probationary license pursuant to such Code section. A driver's license suspension imposed under this paragraph shall run concurrently with and shall be counted toward the fulfillment of any period of revocation imposed directly under Code Sections 40-5-58 and 40-5-62, provided that such revocation arose from the same act for which the suspension was imposed. (b) Whenever a person is convicted of reckless stunt driving in violation of Code Section 40-6-390.1, the court in which such conviction is entered shall require the surrender of any driver's license then held by the person so convicted, and the court shall thereupon forward such license and a copy of its order to the department within ten days after the conviction. The method of calculating the periods of suspension provided for in this Code section shall be governed by subsection (e) of Code Section 40-5-61. (c) Application for reinstatement of a driver's license under paragraph (1) or (2) of subsection (a) of this Code section shall be made on such forms as the commissioner may prescribe and shall be accompanied by the applicable restoration fee. (d) Except as provided in subsection (a) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person's license has been suspended pursuant to this Code section if such person has not thereafter obtained a valid license or limited permit. Any person who is convicted of operating a motor vehicle before the department has reinstated such person's license or before obtaining a limited driving permit or probationary license shall be punished by a fine of not less than $750.00 nor more than $5,000.00 or by imprisonment in the penitentiary for not more than 12 months, or both." SECTION 3. Said title is further amended in Chapter 5, relating to drivers' licenses, by adding a new Code section to read as follows: "40-5-64.2. (a) To whom issued. (1) Notwithstanding any contrary provision of this Code section or Code Section 40-5-57, 40-5-63, 40-5-75, 40-5-121, or 42-8-111, any person may apply for an intelligent speed assistance device limited driving permit when such person's driver's license has been suspended in pursuant to paragraph (1) or (2) of subsection (a) of Code Section 40-5-57.2. (2) The department shall not issue an intelligent speed assistance device limited driving permit to any person: (A) Under 21 years of age; (B) Who is not currently licensed to operate a motor vehicle in this state; (C) Who currently holds a license to drive a commercial motor vehicle; (D) Whose driver's license is subject to an administrative suspension for involvement in a traffic accident resulting in injuries or fatalities; or (E) Whose driver's license is subject to a suspension, revocation, or cancellation for any reason other than as contemplated by this Code section. (b) Application form. Applications for intelligent speed assistance device limited driving permits shall be made upon such forms as the commissioner may prescribe. All applications shall be signed by the applicant before a person authorized to administer oaths. (c) Fee and validity. (1) The fee for an intelligent speed assistance device limited driving permit issued pursuant to this Code section shall be $32.00. (2) An intelligent speed assistance device limited driving permit shall be valid for a period of one year, and such permit may be renewed for additional periods of six months upon payment of a renewal fee of $32.00, but it may only be renewed one time after such person is eligible to reinstate his or her driver's license. (3) Upon payment of a fee in the same amount as that provided by Code Section 40-5-25 for the issuance of a Class C driver's license, a person may be issued a replacement for a lost or destroyed intelligent speed assistance device limited driving permit previously issued to him or her. (d) Revocation of intelligent speed assistance device limited driving permit. (1)(A) The department shall revoke the intelligent speed assistance device limited driving permit of any permittee who is convicted of violating any state law relating to the movement of vehicles. Any court in which such conviction is had shall require such permittee to surrender the intelligent speed assistance device limited driving permit to the court, and the court shall forward the permit along with a copy of the conviction to the department within ten days after the conviction. (B) The department shall revoke the intelligent speed assistance device limited driving permit of a permittee upon receipt of notice from a provider center that an intelligent speed assistance device has been tampered with, a permittee has failed to report for monitoring as required by law, or an intelligent speed assistance device has been removed from any motor vehicle to be driven by a permittee prior to successful completion of the required term of monitoring under paragraph (2) of subsection (c) of this Code section. (2) The department shall notify the permittee of such revocation by regular mail to his or her last known address. Such notice of revocation shall inform the permittee of the grounds for and effective date of the revocation and of the right to hearing. The notice of revocation shall be deemed received three days after mailing. (3) Any person whose intelligent speed assistance device limited driving permit has been revoked for the first time shall not be eligible to apply for a driver's license until six months from the date such permit was revoked by the department. Any person whose intelligent speed assistance device limited driving permit has previously been revoked shall not be eligible to apply for a driver's license until two years from the date such permit was revoked by the department. (e) Hearings. Any person whose intelligent speed assistance device limited driving permit has been revoked or who has been refused such permit by the department may make a request in writing for a hearing to be provided by the department. Such hearing shall be provided by the department within 30 days after the receipt of such request and shall follow the procedures required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Appeal from such hearing shall be in accordance with such chapter. (f) Notices and communications. Any notice or communication required under this Code section may be sent electronically, provided that the intended recipient of such notice or communication has affirmatively opted into receiving any such notice or communication electronically. (g) Rules and regulations. The commissioner may promulgate rules and regulations as are necessary to implement this Code section." SECTION 4. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended in Code Section 42-3-111, relating to definitions regarding probation management, by revising paragraph (2) as follows: "(2) 'Electronic monitoring' means supervising, mapping, or tracking the location of a probationer by means including electronic surveillance, voice recognition, facial recognition, fingerprinting or biometric scan, automated kiosk, automobile ignition interlock device, intelligent speed assistance device, or global positioning systems which may coordinate data with crime scene information." SECTION 5. Said title is further amended in Chapter 8, relating to probation, by adding a new article to read as follows: "ARTICLE 8 42-8-130. (a) As used in this article, the term: (1) 'Intelligent speed assistance device' means a constant monitoring device certified by the commissioner to be installed within a motor vehicle to actively monitor and prevent the operator from exceeding a preset speed. Such term shall not include any technology provided by the motor vehicle manufacturer as a component of a motor vehicle that controls or affects the speed of a motor vehicle. (2) 'Provider center' means a facility established for the purpose of providing and installing intelligent speed assistance devices when their use is required by or as a result of an order of a court or as required in order to maintain an intelligent speed assistance device limited driving permit in accordance with Code Section 40-5-64.2. (b) Intelligent speed assistance devices for provider centers may be purchased or leased by counties, municipalities, or private entities. (c) A provider center shall be authorized to charge the person whose vehicle is to be equipped with an intelligent speed assistance device such installation, deinstallation, and user fees as are approved by the Department of Driver Services. A provider center may also require such person to make a security deposit for the safe return of such device. (d) If a county, municipality, or other political subdivision of this state purchases or leases intelligent speed assistance devices from a private entity, such county or municipality shall allow persons who are found by the court to be indigent and unable to pay the fees or deposits for such device to participate in the intelligent speed assistance program. 42-8-131. (a) No judicial officer, community supervision officer, law enforcement officer, or other officer or employee of a court; person who owns, operates, or is employed by a private company which has contracted to provide private probation services for misdemeanor cases; or professional bondsman or agent or employee thereof shall specify, directly or indirectly, a particular provider center which the person may or shall utilize when use of an intelligent speed assistance device is required. This subsection shall not prohibit any judicial officer, community supervision officer, law enforcement officer, or other officer or employee of a court; owner, operator, or employee of a private company which has contracted to provide probation services for misdemeanor cases; or professional bondsman or agent or employee thereof from furnishing any person, upon request, the names of certified provider centers. (b) No person who owns, operates, or is employed by a private company which has contracted to provide probation services for misdemeanor cases or professional bondsman or agent or employee thereof shall be authorized to own, operate, or be employed by a provider center. 42-8-132. (a) The commissioner of driver services or the commissioner's designee shall certify intelligent speed assistance devices required by Code Section 40-5-64.2 and the providers of such devices and shall promulgate rules and regulations for the certification of such devices and providers. The standards for certification of such devices shall include, but shall not be limited to, those standards for such devices promulgated by the National Highway Traffic Safety Administration and adopted by rule or regulation of the Department of Driver Services. (b) The commissioner of driver services may utilize information from an independent agency to certify intelligent speed assistance devices on or off the premises of the manufacturer in accordance with rules and regulations promulgated pursuant to this article. The cost of certification shall be borne by the manufacturers of intelligent speed assistance devices. (c) The commissioner of driver services shall adopt rules and regulations for determining the accuracy of and proper use of the intelligent speed assistance devices in full compliance with this article. No model of intelligent speed assistance device shall be certified unless it meets the accuracy requirements specified by such rules and regulations. 42-8-133. The providers certified by the Department of Driver Services shall design and adopt pursuant to regulations of such department a warning label which shall be affixed to each intelligent speed assistance device upon installation. The label shall contain a warning that any person tampering, circumventing, or otherwise misusing the device is guilty of a misdemeanor and may be subject to civil liability. 42-8-134. (a) In the event the sentencing court revokes a person's probation after finding that such person has violated the terms of the certificate of eligibility for an intelligent speed assistance device limited driving permit, the Department of Driver Services shall revoke such person's driving privilege for one year from the date the court revokes the person's probation. The court shall report such probation revocation to the Department of Driver Services by court order." SECTION 6. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising Chapter 12A, relating to ignition interlock device providers, as follows: "CHAPTER 12A 43-12A-1. This chapter shall be known and may be cited as the 'Intelligent Speed Assistance Device and Ignition Interlock Device Providers Act.' 43-12A-2. As used in this chapter, the term: (1) 'Commissioner' means the commissioner of driver services. (2) 'Department' means the Department of Driver Services acting directly or through its duly authorized officers and agents. (3) 'Ignition interlock device' means a constant monitoring device certified by the commissioner which prevents a motor vehicle from being started at any time without first determining the equivalent blood alcohol concentration of the operator through the taking of a deep lung breath sample. The system shall be calibrated so that the motor vehicle may not be started if the blood alcohol concentration of the operator, as measured by the device, exceeds 0.02 grams or if the sample is not a sample of human breath. (4) 'Intelligent speed assistance device' means a constant monitoring device certified by the commissioner to be installed within a motor vehicle to actively monitor and prevent the operator from exceeding a preset speed. Such term shall not include any technology provided by the motor vehicle manufacturer as a component of a motor vehicle that controls or affects the speed of a motor vehicle. (5) 'Provider center' means a facility established for the purpose of providing and installing ignition interlock devices or intelligent speed assistance devices when their use is required by or as a result of an order of a court. 43-12A-3. No person shall operate a provider center or engage in the practice of providing, installing, or monitoring ignition interlock devices or intelligent speed assistance devices unless a license therefor has been secured from the department. 43-12A-4. (a) Every person who that desires to operate a provider center shall meet the following requirements: (1) Maintain an established place of business in the state which is open to the public; (2) Maintain a general liability policy of insurance, including products and completed operations, with not less than $50,000.00 of combined single limits, with an insurance carrier authorized by the Commissioner of Insurance to write policies in the this state. Evidence of such insurance coverage, in the form of a certificate from the insurance carrier, shall be filed with the department;, and such certificate shall stipulate that the insurance shall not be canceled except upon ten days' prior written notice to the department; (3) Provide a continuous surety bond in the principal sum of $10,000.00 for the protection of the contractual rights of individuals required to maintain an ignition interlock device or intelligent speed assistance device in such form as will meet with the approval of the department and written by a company authorized to do business in this state; provided, however, that the aggregate liability of the surety for all breaches of the condition of the bond in no event shall exceed the principal sum of $20,000.00 per location, and a single bond at such rate for all locations separately licensed and operated by the same person may be provided in satisfaction of this paragraph. The surety on any such bond may cancel such bond on giving 30 days' notice thereof in writing to the department and shall be relieved of liability for any breach of any condition of the bond which occurs after the effective date of cancellation; (4) Have the equipment and knowledge necessary to provide, install, and monitor ignition interlock devices and intelligent speed assistance devices as prescribed by the department; and (5) Pay to the department an application fee of $250.00. (b) The department shall conduct a records check for any applicant for certification as a provider center operator. Each applicant shall submit two sets of classifiable fingerprints to the department. The department shall transmit both sets of fingerprints to the Georgia Crime Information Center, which shall submit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain one set of fingerprints and promptly conduct a search of state records. After receiving a report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be licensed. The applicant shall be responsible for any fee or other charge allowed by law or rule or regulation promulgated by the department, the Georgia Crime Information Center, or the Federal Bureau of Investigation for the submission, processing, and review of such fingerprints. (c) No applicant shall be licensed or certified who does not meet under this Code section unless such person meets the requirements set forth in Code Section 43-12A-6. 43-12A-5. (a) No provider center shall be permitted to use, adopt, or conduct any business under any name that is like or deceptively similar to any name of a Georgia corporation registered with the Secretary of State. (b) This Code section shall not prohibit the franchising or licensing of any part or all of the name of a provider center by the owner of the rights therein to another licensed provider center. (c) A judicial officer, community supervision officer, law enforcement officer, or other officer or employee of a court or any person employed by a private company which has contracted to provide private probation services for misdemeanor cases, or any employee of the Department of Driver Services or the Department of Behavioral Health and Developmental Disabilities, and any immediate family member thereof shall be prohibited from owning, operating, being employed by, acting as an agent or servant for, or having a financial interest in any provider center. 43-12A-6. Every person who desires to operate a provider center or to engage in the practice of providing, installing, or monitoring ignition interlock devices or intelligent speed assistance devices: (1) Shall not have knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of a business or profession licensed under this title or on any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice the licensed business or profession; or made a false statement or deceptive registration with the board; (2) Shall not have been convicted of a second or subsequent violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained; (3) Shall not have been convicted of any felony or of any crime involving theft, fraud, violence, or moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States. As used in this paragraph, the term 'felony' shall mean means any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and the term 'conviction' shall mean means a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; (4) Shall not have been arrested, charged, and sentenced for the commission of any felony, or any crime involving theft, fraud, violence, or moral turpitude, where when: (A) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (B) An adjudication of guilt or sentence was otherwise withheld or not entered on the charge, except with respect to a plea of nolo contendere. The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; (5) Shall submit at least one set of classifiable electronically recorded fingerprints to the department in accordance with the fingerprint system of identification established by the director of the Federal Bureau of Investigation. The department shall transmit the fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and promptly conduct a search of state records based upon the fingerprints. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified; and (6) Shall be a United States citizen, or if not a citizen, present federal documentation verified by the United States Department of Homeland Security to be valid documentary evidence of lawful presence in the United States under federal immigration law. 43-12A-7. (a) The department shall issue a license certificate to each provider center operator when such person has met the qualifications required under this chapter. Each provider center shall be required to have a separate license for each location, but mobile units operating out of a particular licensed location need not be separately licensed. (b) All licenses issued to operators of provider centers pursuant to this chapter shall be valid for four years from the date of issuance unless sooner canceled, suspended, or revoked under Code Section 43-12A-8. All licenses shall be renewed through the department as provided in subsection (d) of this Code section and shall be valid for four years from the date of renewal. (c) The license of each provider center operator may be renewed subject to the same conditions as the original license and upon payment of a fee of $100.00. (d) All applications for renewal of a provider center operator's license shall be on a form prescribed by the department and must be filed with the department not more than 60 days nor fewer than ten days preceding the expiration date of the license to be renewed. 43-12A-8. The department may cancel, suspend, revoke, or refuse to renew any provider center's license upon good cause being shown and after ten days' notice to the license holder if: (1) The department is satisfied that the licensee fails to meet the requirements to receive or hold a license under this chapter; (2) The licensee permits fraud or engages in fraudulent practices, with reference to either the applicant or the department, or induces or countenances fraud or fraudulent practices on the part of any applicant for a driver's license or permit; (3) The licensee fails to comply with this chapter or any rule of the department made pursuant thereto; (4) The licensee represents himself or herself as an agent or employee of the department or uses advertising designed to lead, or which would reasonably have the effect of leading, persons to believe that such licensee is in fact an employee or representative of the department; (5) The licensee or any employee or agent of the licensee directly or indirectly solicits business by personal solicitation on public property or in any department, agency, or office of the state which involves the administration of any law relating to motor vehicles, whether by telephone, mail, or electronic communications. A violation of this paragraph shall be a misdemeanor. Advertising in any mass media, including, but not limited to, newspapers, radio, television, magazines, or telephone directories, by a provider center shall not be considered a violation of this paragraph; or (6) The driver's license of the licensee has been canceled, suspended, or revoked. 43-12A-9. (a) The commissioner is authorized to prescribe, by rule, standards for the eligibility, conduct, and equipment required for a person to be licensed to operate a provider center and to adopt other reasonable rules and regulations to carry out this chapter. Notwithstanding the foregoing, violations that are minor in nature and committed by a person, firm, or corporation shall be punished only by a written reprimand unless the person, firm, or corporation fails to remedy the violation within 30 days, in which case an administrative fine, not to exceed $250.00, may be issued. (b) The commissioner shall have the authority to assess, after a hearing, an administrative fine not to exceed $1,000.00 per violation against any provider center, agent, or employee that fails to comply with any requirement imposed by or pursuant to this chapter. (c) The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person, firm, or corporation who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall be paid into the state treasury. The commissioner may file in the superior court: (1) Wherein the person under order resides; (2) If such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) In the county wherein the violation occurred a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this chapter or any order, rules, or regulations promulgated pursuant to this chapter." SECTION 7. This Act shall become effective on July 1, 2028. SECTION 8. All laws and parts of laws in conflict with this Act are repealed.