SB473: SB473 Motor Vehicles and Traffic; submission of proof of completion of certified DUI Alcohol or Drug Use Risk Reduction Programs by certain applicants to obtain limited driving permits; require

26 LC 63 0128S The Senate Committee on Public Safety offered the following substitute to SB 473: A BILL TO BE ENTITLED AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and1 traffic, so as to require submission of proof of completion of certified DUI Alcohol or Drug2 Use Risk Reduction Programs by certain applicants to obtain lim ited driving permits; to3 provide for the crediting of completion of such courses toward reinstatement requirements4 for certain drivers' license suspensions; to authorize written consent for release of certain5 information to be obtained and transferred electronically; to authorize the collection of fees;6 to revise the authorized fee for driver improvement clinics; to revise the authorized fees7 relative to DUI Alcohol or Drug Use Risk Reduction Programs; to provide for related8 matters; to provide for an effective date and applicability; to repeal conflicting laws; and for9 other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is13 amended in Code Section 40-5-64, relating to limited driving permits for certain offenders,14 by revising subsection (a) and by adding a new subsection to read as follows:15 - 1 - 26 LC 63 0128S "(a) To whom issued.16 (1) Notwithstanding any contrary provision of this Code sectio n or Code17 Section 40-5-57, 40-5-57.2, 40-5-63, 40-5-75, 40-5-121, or 42-8-111, any person who has18 not been previously convicted or adjudicated delinquent for a v iolation of Code19 Section 40-6-391 within five years, as measured from the dates of previous arrests for20 which convictions were obtained or pleas of nolo contendere were accepted to the date21 of the current arrest, may apply for a limited driving permit when that person's driver's22 license has been suspended in accordance with:23 (A) Code Section 40-5-54.1 and upon receipt of a record of suc h from a court or the24 agency within the Department of Human Services which is responsible for enforcing25 orders for child support;26 (B) Subsection (d) of Code Section 40-5-57;27 (C) Paragraph (1) of subsection (a) of Code Section 40-5-57.2;28 (D) Paragraph (1) of subsection (a) of Code Section 40-5-63;29 (E) Paragraph (1) of subsection (a) of Code Section 40-5-67.2 and upon submission of30 proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program certified31 by the Department of Driver Services;32 (F) Subsection (a) of Code Section 40-5-57.1, when the person is 18 years of age or33 older and his or her license was suspended for exceeding the sp eed limit by 24 miles34 per hour or more but less than 34 miles per hour, and the sentencing judge, in his or her35 discretion, decides it is reasonable to issue a limited driving permit; or36 (G) Paragraph (1) of subsection (a) of Code Section 40-5-75.37 (2) No person who has been granted an exemption from the ignit ion interlock device38 requirements of Article 7 of Chapter 8 of Title 42 due to undue financial hardship under39 Code Section 42-8-111 shall be eligible for a limited driving permit, an ignition interlock40 device limited driving permit, or any other driving privilege for a period of one year.41 - 2 - 26 LC 63 0128S (3) To the extent a person is subject to more than one suspens ion for which a limited42 driving permit may be issued, the department shall not issue su ch permit unless the43 suspensions are for a conviction for driving under the influenc e in violation of Code44 Section 40-6-391 imposed pursuant to Code Section 40-5-63 and a n administrative45 suspension imposed pursuant to paragraph (1) of subsection (a) of Code46 Section 40-5-67.2 arising from the same incident."47 "(e.1) Credit. The department shall credit any DUI Alcohol or Drug Use Risk Reduction48 Program completed to obtain a permit pursuant to this Code sect ion toward the49 requirements of Code Sections 40-5-57.1, 40-5-63, and 40-5-67.2 relating to such course."50 SECTION 2.51 Said title is further amended in Code Section 40-5-82, relating to administration of driver52 improvement clinic program and DUI Alcohol or Drug Use Risk Red uction Program, by53 revising subsection (d) as follows:54 "(d) All DUI Alcohol or Drug Use Risk Reduction Program records including, but not55 limited to, assessment results and other components attended shall be confidential and shall56 not be released without the written consent of the DUI offender, except that such records57 shall be made available to the Department of Behavioral Health and Developmental58 Disabilities and the Department of Driver Services. The written consent required by this59 subsection may be obtained and transferred in electronic format . The provision of60 assessments to the Department of Behavioral Health and Developmental Disabilities shall61 be according to an interagency agreement between the Department of Driver Services and62 the Department of Behavioral Health and Developmental Disabilities, and the agreement63 may provide for assessment fees to be transmitted to the Department of Behavioral Health64 and Developmental Disabilities shall be authorized to collect a fee of $15.00 for each65 offender assessed."66 - 3 - 26 LC 63 0128S SECTION 3.67 Said title is further amended in Code Section 40-5-83, relating to approval and operation of68 driver improvement clinics, criteria for defensive driving courses, alcohol and drug courses,69 and driving under the influence risk reduction programs, by revising subsections (a) and (e)70 as follows:71 "(a)(1) The commissioner shall establish criteria for the approval of driver improvement72 clinics. To be approved, a clinic shall provide and operate a defensive driving course. 73 Clinics shall be composed of uniform education and training programs consisting of six74 hours of instruction designed for the rehabilitation of problem drivers. The commissioner75 shall establish standards and requirements concerning the contents of defensive driving76 courses, qualifications of instructors, attendance requirements for students, and77 examinations. Approved clinics shall charge a fee of $95.00 $125.00 for a defensive78 driving course, except that such clinics may charge different fees of their own choosing79 if the person is not enrolling in such course pursuant to court order or department80 requirement. No clinic shall be approved unless such clinic agrees in writing to allow the81 examination and audit of the books, records, and financial stat ements of such clinic. 82 Clinics may be operated by any individual, partnership, or corporation. Nothing in this83 paragraph shall be construed to affect in any way driving progr ams established for84 purposes of insurance premium reductions under the provisions of Code Section 33-9-42.85 (2)(A) No driver improvement clinic shall be permitted to use, adopt, or conduct any86 business under any name that is like or deceptively similar to any name used by any87 other driver improvement clinic, Georgia company, or Georgia corporation registered88 with the Secretary of State. This subparagraph shall not prohi bit the franchising or89 licensing of any part or all of the name of a driver improvement clinic by the owner or90 the rights thereof to another licensed driver improvement clinic.91 - 4 - 26 LC 63 0128S (B) This paragraph shall not prohibit the franchising or licensing of any part or all of92 the name of a clinic by the owner of the rights therein to anot her licensed driver93 improvement clinic."94 "(e)(1) The department is designated as the agency responsible for establishing criteria95 for the certification of DUI Alcohol or Drug Use Risk Reduction Programs. An applicant96 shall meet the certification criteria promulgated by the department through its standards97 and shall provide assessment component services and intervention component services. 98 A certified DUI Alcohol or Drug Use Risk Reduction Program shall require that a risk99 assessment component be conducted prior to administering the intervention component100 of such program. A certified DUI Alcohol or Drug Use Risk Redu ction Program may101 include a clinical evaluation component after an individual completes risk assessment and102 intervention services. Only clinical evaluators licensed by the Department of Behavioral103 Health and Developmental Disabilities shall be qualified to conduct clinical evaluations. 104 A clinical evaluation and risk assessment shall be conducted simultaneously as prescribed105 by law. Only clinical evaluators licensed by the Department of Behavioral Health and106 Developmental Disabilities and qualified to conduct substance use disorder evaluations107 shall be authorized to perform such assessments. The department is designated as the108 agency responsible for establishing rules and regulations conce rning the contents and109 duration of the components of DUI Alcohol or Drug Use Risk Redu ction Programs,110 qualifications of instructors, attendance requirements for stud ents, examinations, and111 program evaluations. Qualified instructors shall be certified for periods of four years112 each, which may be renewed, and instruction shall be provided t hrough in-person113 instruction or remote participation platforms utilizing in-person instruction providers.114 (2) Certified DUI Alcohol or Drug Use Risk Reduction Programs shall charge a fee of115 $100.00 for the assessment component and $235.00 for the interv ention component116 $380.00. An additional fee for required student program materials shall be established117 - 5 - 26 LC 63 0128S by the department in such an amount as is reasonable and necessary to cover the cost of118 such materials; provided, however, that such fee shall not exceed $15.00.119 (3) No DUI Alcohol or Drug Use Risk Reduction Program shall be certified unless such120 program agrees in writing to submit reports as required in the rules and regulations of the121 department and to allow the examination and audit of the books, records, and financial122 statements of such DUI Alcohol or Drug Use Risk Reduction Program by the department123 or its authorized agent.124 (4) DUI Alcohol or Drug Use Risk Reduction Programs may be operated by any public,125 private, or governmental entity; provided, however, that, except as otherwise provided126 in this subsection, in any political subdivision in which a DUI Alcohol or Drug Use Risk127 Reduction Program is operated by a private entity, whether for profit or nonprofit, neither128 the local county board of health nor any other governmental ent ity shall fund any new129 programs in that area. Programs in existence prior to July 1, 1990, which are operated130 by local county boards of health or any other governmental entities shall be authorized131 to continue operation. New programs may be started in areas wh ere no private DUI132 Alcohol or Drug Use Risk Reduction Programs have been made available in the political133 subdivision.134 (5) The Department of Corrections shall be authorized to operate DUI Alcohol or Drug135 Use Risk Reduction Programs in its facilities where offenders a re not authorized to136 participate in such programs in the community, provided that su ch programs meet the137 certification criteria promulgated by the Department of Driver Services. All such138 programs operated by the Department of Corrections shall be exe mpt from all fee139 provisions established in this subsection specifically including the rebate of any fee for140 the costs of administration.141 (6) No DUI Alcohol or Drug Use Risk Reduction Program shall be certified unless such142 program agrees in writing to pay to the state, for the costs of administration, a fee of143 $30.00 $15.00 for each offender assessed, provided that nothing in this Code section shall144 - 6 - 26 LC 63 0128S be construed to allow the department to retain any funds required by the Constitution to145 be paid into the state treasury; and provided, further, that th e department shall comply146 with all provisions of Part 1 of Article 4 of Chapter 12 of Tit le 45, the 'Budget Act,'147 except Code Section 45-12-92, prior to expending any such miscellaneous funds."148 SECTION 4.149 This Act shall become effective on July 1, 2026, and shall apply to offenses committed on150 or after that date.151 SECTION 5.152 All laws and parts of laws in conflict with this Act are repealed.153 - 7 -