Bill Text: GA HB1134 | 2011-2012 | Regular Session | Introduced

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Bill Title: Driver training instructors and schools; definitions and exceptions; modify provisions

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-02-24 - House Second Readers [HB1134 Detail]

Download: Georgia-2011-HB1134-Introduced.html

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12 LC 35 2596

House Bill 1134

By: Representatives Rice of the 51st and Powell of the 29th

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to instructors in driver training and operators of driver training schools, so as to modify provisions relating to definitions and exceptions to the operation of the chapter; 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 13 of Title 43 of the Official Code of Georgia Annotated, relating to instructors in driver training and operators of driver training schools, is amended by revising paragraph (4) of subsection (a) of Code Section 43-13-2, relating to definitions regarding instructors in driver training and operators of driver training schools, as follows:

"(4) 'Driver training school,' except as provided in subsection (b) of this Code section, means any person, partnership, limited liability company, or corporation giving driving instruction for hire to ten or more persons per calendar year for the purpose of assisting such persons to meet the requirements for licensed driving of Class C or Class M motor vehicles in this state, except for motorcycle operator safety training programs conducted by or on behalf of the Department of Driver Services pursuant to Chapter 15 of Title 40. The term shall also include any public school system offering a driver training course during the regular school day as part of a student curriculum at no cost to the student or any public school system offering a driver training course after the regular school day or on any day school is not in session and where any fee or tuition is charged for the participation of any student taking a driver training course or in-car, behind-the-wheel lessons. Only full-time students who are registered with and attending the sponsoring public school system offering an after school or after the regular school day driver education course or driver training program shall be eligible to enroll and participate in these programs."

SECTION 2.

Said chapter is further amended by repealing in its entirety Code Section 43-13-10, relating to exceptions to the operation of the chapter, and enacting a new Code Section 43-13-10 to read as follows:

"43-13-10.

(a) As used in this Code section, the term:

(1) 'Capital costs' means all costs of providing equipment or other assets used in the provision of any driver education program or driver training course which are capitalized in accordance with generally accepted governmental accounting principles.

(2) 'Cross-subsidize' means the payment of any item of direct costs or indirect costs of providing any driver education program or driver training course from a source other than from the revenues derived from the tuition or fees charged for any driver education program or driver training course, or a source that is not accounted for in the full-cost accounting of providing these programs.

(3) 'Direct costs' means those expenses of a public school which are directly attributable to the provision of any driver education program or driver training course that would be eliminated if the provision of such program or course were discontinued.

(4) 'Full-cost accounting' means the accounting for all costs incurred by any public school in providing a program or course, including all direct costs and indirect costs, utilizing cost accounting standards promulgated by the federal Costs Accounting Standards Board of the federal Office of Management and Budget so as to assure that all direct costs and indirect costs are included.

(5) 'Generally accepted governmental accounting principles' means the accounting standards promulgated from time to time by the Governmental Accounting Standards Board.

(6) 'Indirect costs' means any costs that are identified with two or more expenses or other public school provider functions and not directly identified with a single expense item. Indirect costs may include, but are not limited to, administration, accounting, personnel, purchasing, legal, insurance, advertising, postage, printing, graphic design, and other staff or departmental support. Indirect costs shall be allocated to two or more expense categories in proportion to the relative burden each respective expense places upon the cost category.

(7) 'Private provider' means any person, partnership, or corporation, other than a public provider, offering driver education program or driver training courses.

(8) 'Public provider' means any public school system or other political subdivision of the state which provides driver education programs or driver training courses, whether directly or indirectly, acting individually or jointly with any other public school system.

(b) Any public school conducting a driver training course or driver's education program, conducted after the regular school day or on any day school is not in session and where any fee or tuition is charged for the participation of any student taking a driver training course, shall:

(1) Prior to providing such programs, first solicit proposals from private providers within the public school jurisdiction;

(2) Prepare reasonable projections of at least a three-year cost-benefit analysis which identifies and discloses the total projected direct costs and indirect costs and revenues to be derived from providing the driver education program or driver training course. Such costs shall be determined in accordance with this chapter and generally accepted governmental accounting principles;

(3) Publish such three-year cost-benefit analysis in a newspaper of general circulation within the public school district of the public provider once a week for two weeks and provide each departmental licensed provider of any driver education programs or driver training courses within the county of the public school system, via United States Postal Service certified mail, a copy of such three-year cost-benefit analysis;

(4) Not cross-subsidize the costs, both direct costs and indirect costs, of any driver education program or driver training course with funds from any revenue source other than the tuition or fees paid by the individual participants in such programs or courses;

(5) When considering the utilization of a licensed driver education program or driver training course private provider for any after-school or out of session school day offering to its students, not employ terms less favorable or more burdensome than those imposed by any school system program; and

(6) If providing an after-school or nonschool day driver education program or driver training course, file with the Georgia Department of Education and Georgia General Assembly, within six months of the completion of the closure of the public school's fiscal year, an annual report of actual income and expenses, both direct costs and indirect costs, according to generally accepted governmental accounting principles."

SECTION 3.

This Act shall become effective on July 1, 2012.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.