06 LC 28
2959
House
Bill 1462
By:
Representatives Geisinger of the
48th,
Lindsey of the
54th,
and Wilkinson of the
52nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating
to general provisions applicable to counties and municipal corporations, so as
to provide for legislative findings; to provide for the transferability of
certificates of public necessity and convenience and medallions for taxicabs; to
provide for certain uses of such certificates and medallions with regard to
loans; to provide certain procedures that must be met before increasing the
number of such certificates and medallions; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to
general provisions applicable to counties and municipal corporations, is amended
by adding a new Code Section 36-60-24 to read as follows:
"36-60-24.
(a)
Each county and municipal corporation that has required the owner or operator of
a taxicab or vehicle for hire to obtain a certificate of public necessity and
convenience or medallion in order to operate such taxicab or vehicle for hire
within the boundaries of the county or municipal corporation, that has exercised
its authority under subsection (a) and paragraph (3) of subsection (b) of Code
Section 48-13-9 to require such owners or operators to pay a regulatory fee to
the county or municipal corporation, and that has limited the number of
outstanding certificates of public necessity and convenience or medallions shall
comply with the provisions of this Code section. The General Assembly finds and
declares that any county or municipality described in this Code section is
legitimately concerned with the qualifications and records of drivers of
taxicabs and other vehicles for hire; with the location, accessibility, and
insured state of companies operating taxicabs and other vehicles for hire; and
with the safety and comfort of taxicabs and other vehicles for hire as the
Georgia Court of Appeals held in the case of Hadley v. City of Atlanta, 232 Ga.
App. 871, 875 (1998).
(b)
Each certificate of public necessity and convenience or medallion issued at any
time by a county or municipal corporation described in subsection (a) of this
Code section shall be fully transferable pursuant to a purchase, gift, bequest,
or acquisition of the stock or assets of a corporation. Each such certificate
of public necessity and convenience may be used as collateral to secure a loan
or to satisfy capital or surplus requirements for an insurer. A lending
institution making such loans shall have all rights of secured parties with
respect to such loans.
(c)
Prior to increasing the number of authorized or outstanding certificates of
public necessity and convenience or medallions by more than five percent in a
calendar year, any county or municipal corporation described in subsection (a)
of this Code section shall first conduct a market study to determine the effects
of such an increase. Prior to any such increase, such market study must
demonstrate, at a minimum, that anticipated increased ridership justifies the
increase and that such increase will not result in:
(1)
An oversupply of taxis or vehicles for hire, low driver wages, inadequately
insured vehicles, unsafe vehicles, or low quality service;
(2)
Significant diminution in the location, accessibility, and insured state of
additional taxicabs or other vehicles for hire; or
(3)
Significant devaluation of existing outstanding certificates of public necessity
and convenience or medallions to the detriment of any owner of any certificate
of public necessity and convenience or medallion or financial institution
relying on the value of such certificate of public necessity and convenience or
medallion for collateral or regulatory
compliance."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.