06 LC 34
0630S/AP
House
Bill 1190 (AS PASSED HOUSE AND SENATE)
By:
Representatives Wilkinson of the
52nd,
Willard of the
49th,
Geisinger of the
48th,
Jones of the
46th,
and Ashe of the
56th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 32-10-64 of the Official Code of Georgia Annotated, relating
to the toll powers of the State Road and Tollway Authority, so as to modify and
clarify the processes by which collection of unpaid tolls may be accomplished;
to alter the fees and penalties which may be assessed for failure to pay the
proper toll; to amend Article 6 of Chapter 2 of Title 40 of the Official Code of
Georgia Annotated, relating to enforcement of the provisions relating to
registration and licensing of motor vehicles, so as to provide for suspension of
the offender's motor vehicle registration for multiple violations of the toll
provisions; to provide for related matters; to provide for an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 32-10-64 of the Official Code of Georgia Annotated, relating to the toll
powers of the State Road and Tollway Authority, is amended by striking
subsection (c) in its entirety and inserting in its place the
following:
"(c)(1)
No motor vehicle shall be driven or towed through a toll collection facility,
where appropriate signs have been erected to notify traffic that it is subject
to the payment of tolls beyond such sign, without payment of the proper toll.
In the event of nonpayment of the proper toll, as evidenced by video or
electronic recording, the registered owner of such vehicle shall be liable to
make prompt payment to the authority of the proper toll and an administrative
fee of $25.00
per
violation to recover the cost of
collecting the toll.
The authority
or its authorized agent shall provide notice to the registered owner of a
vehicle, and a reasonable time to respond to such notice, of the
authoritýs
finding of a violation of this subsection.
Upon failure
of the
registered owner of a vehicle to pay the
proper toll and administrative fee to the authority after notice thereof and
within the time designated in such notice,
the
registered owner shall be cited for a violation of this subsection and, upon
conviction, shall be subject to the payment of a fine of not less than $50.00
nor more than $100.00 for each and every violation of this subsection and any
other fine or penalty that may be prescribed by law for such violations. In the
prosecution of an offense, proof that the vehicle was operated in violation of
this subsection, together with proof that the defendant was at the time of such
violation the registered owner of the vehicle, shall constitute in evidence a
rebuttable presumption that such registered owner of the vehicle was the person
who committed the violation. Such presumption shall be rebutted if the
registered owner of the vehicle testifies in open court under oath that he was
not the operator of the vehicle at the time of the violation. The court of the
local jurisdiction in which the violation occurred shall be authorized to assess
and collect such fine, in addition to any court costs, provided that the court
shall also collect the proper toll and administrative fee and forward such toll
and fee to the authority.
the authority
may proceed to seek collection of the proper toll and the administrative fee as
debts owing to the authority, in such manner as the authority deems appropriate
and as permitted under law. If the authority finds multiple failures by a
registered owner of a vehicle to pay the proper toll and administrative fee
after notice thereof and within the time designated in such notice, the
authority may refer the matter to the Office of State Administrative Hearings.
The scope of any hearing held by the Office of State Administrative Hearings
shall be limited to consideration of evidence relevant to a determination of
whether the registered owner has failed to pay, after notice thereof and within
the time designated in such notice, the proper toll and administrative fee. The
only affirmative defense that may be presented by the registered owner of a
vehicle at such a hearing is theft of the vehicle, as evidenced by presentation
at the hearing of a copy of a police report showing that the vehicle has been
reported to the police as stolen prior to the time of the alleged violation. A
determination by the Office of State Administrative Hearings of multiple
failures to pay by a registered owner of a vehicle shall subject such registered
owner to imposition of, in addition to any unpaid tolls and administrative fees,
a civil monetary penalty payable to the authority of not more than $70.00 per
violation. Upon failure by a registered owner to pay to the authority, within
30 days of the date of notice thereof, the amount determined by the Office of
State Administrative Hearings as due and payable for multiple violations of this
subsection, the motor vehicle registration of such registered owner shall be
immediately suspended by operation of law. The authority shall give notice to
the Department of Revenue of such suspension. Such suspension shall continue
until the proper toll, administrative fee, and civil monetary penalty as have
been determined by the Office of State Administrative Hearings are paid to the
authority. Actions taken by the authority under this subsection shall be made
in accordance with policies and procedures approved by the members of the
authority.
(2)
The registered owner of a vehicle which is observed being driven or towed
through a toll collection facility without payment of the proper toll may avoid
liability under this subsection by presenting to the authority a copy of a
police report showing that the vehicle had been reported to the police as stolen
prior to the time of the alleged violation.
(3)
For purposes of this subsection, for any vehicle which is registered to an
entity other than a natural person, the term 'registered owner' shall be deemed
to refer to the natural person who is the operator of such motor vehicle at the
time of the violation of this subsection, but only if the entity to which the
vehicle is registered has supplied to the authority, within 60 days following
notice from the authority or its authorized agent, information in the possession
of such entity which is sufficient to identify and give notice to the natural
person who was the operator of the motor vehicle at the time of the violation of
this
subsection."
SECTION
2.
Article
6 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating
to enforcement of the provisions relating to registration and licensing of motor
vehicles, is amended by inserting a new Code Section 40-2-135.1 immediately
following Code Section 40-2-135, relating to revocation of license plates, to
read as follows:
"40-2-135.1.
As
provided in subsection (c) of Code Section 32-10-64, the motor vehicle
registration of any owner who has failed to pay, within 30 days of the date of
notice thereof, the amount determined by the Office of State Administrative
Hearings as due and payable for one or more violations of such subsection, shall
be immediately suspended by operation of
law."
SECTION
3.
This
Act shall become effective on January 1, 2007.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.