hb501_HB_501_AP

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05 HB501/AP

House Bill 501 (AS PASSED HOUSE AND SENATE)

By: Representative Scott of the 153rd

A BILL TO BE ENTITLED
AN ACT

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, and numerous other provisions of the Official Code of Georgia Annotated, so as to substantially amend laws relating to operation and regulation of motor vehicles and substantially revise the state administration of such laws; to create the Department of Driver Services as a successor agency to the Department of Motor Vehicle Safety; to provide for the Department of Driver Services to assume certain responsibilities of the Department of Motor Vehicle Safety and in particular responsibility for driveŕs licensing services; to substantially amend provisions relative to the issuance of driveŕs licenses, change fees therefor, change the duration thereof, change the requirements and procedure for issuance thereof, change provisions relating to suspension and renewal thereof, and make other related changes; to amend the Official Code of Georgia Annotated so as to transfer into other departments and agencies responsibility for administration of other laws relating to motor vehicles, including but not limited to titling, registration, and licensing of motor vehicles, insuring of motor vehicles and responsibility for accidents, regulation of vehicle sizes and weights, fuel tax enforcement, certification and permitting of carriers, handicapped parking permits, establishment of vehicle and vehicle component safety standards, and transportation of hazardous materials; to provide for the revision and amendment of certain laws relating to transferred functions, both in connection with and in addition to the transfer of functions; to provide for other matters related to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I
Amendments to Chapter 40-16.
Department of Motor Vehicle Safety.
SECTION 1-1.

Chapter 16 of Title 40 of the Official Code of Georgia Annotated, relating to the Department of Motor Vehicle Safety, is amended by striking said chapter in its entirety and inserting in its place a new chapter to read as follows:

"CHAPTER 16

40-16-1.

As used in this chapter, the term:

(1) 'Board' means the Board of Motor Vehicle Safety Driver Services.

(2) 'Commissioner' means the commissioner of motor vehicle safety driver services.

(3) 'Department' means the Department of Motor Vehicle Safety Driver Services.

40-16-2.

(a) There is created the Department of Motor Vehicle Safety Driver Services. The Department of Driver Services shall be a successor agency to and continuation of the former Department of Motor Vehicle Safety. The department shall be the agency primarily responsible for:

(1) Administration of the laws and regulations relating to registration and titling of motor vehicles, as provided for in Chapters 2 and 3 of Title 40;

(2)(1) Administration of the laws and regulations relating to driverś licenses, as provided for in Chapter 5 of Title 40 this title;

(3)(2) Administration of the laws and regulations relating to proof of financial responsibility, as provided for in Chapter 9 of Title 40 this title;

(3) Administration of laws relating to ignition interlock devices for use by driving under the influence offenders;

(4) Administration of laws relating to driver training schools, driver improvement clinics, DUI Alcohol or Drug Use Risk Reduction Programs, and commercial driving schools;

(5) Administration of laws relating to motorcycle safety programs;

(6) Administration of laws and regulations relating to issuance of limousine chauffeur permits; and

(7) Administration of any other laws specifically providing for their administration by the department.

(b) Responsibility for the following functions formerly exercised by the Department of Motor Vehicle Safety is transferred as follows:

(4)(1) Enforcement Promulgation of laws and regulations relating to the size and the weights of motor vehicles, trailers, and loads as provided for in Article 2 of Chapter 6 of Title 32 shall be vested in the Department of Transportation; and administrative enforcement of such regulations and the law enforcement function of apprehending and citing violators of such laws and regulations are transferred to the Department of Public Safety, as well as the function of promulgating regulations relative to its enforcement function;

(5)(2) Enforcement of laws and regulations relating to licensing and fuel tax registration requirements and the reporting of violations of said requirements to the state revenue commissioner is transferred to the Department of Public Safety;

(6)(3) Administration and enforcement anywhere in the state of laws and regulations relating to certification of motor carriers, limousine carriers, and hazardous material carriers as provided for in Chapters 7 and 11 of Title 46 and limousine carriers is transferred to the Public Service Commission and administration of laws and regulations relating to carrier registration and registration and titling of vehicles is transferred to the Department of Revenue;

(4) Administration of laws relating to motor vehicle franchise practices is transferred to the Department of Revenue;

(5) Administration of laws relating to handicapped parking permits is transferred to the Department of Revenue;

(6) Responsibility for establishment of safety standards for motor vehicles and motor vehicle components is generally transferred to the Department of Public Safety except as may be specifically otherwise provided by law;

(7) Administration of laws relating to hazardous materials carriers is transferred to the Department of Public Safety;

(7)(8) Enforcement of all state laws but only on the following properties owned or controlled by the Department of Transportation or the State Road and Tollway Authority is transferred to the Department of Public Safety: rest areas, truck-weighing stations or checkpoints, wayside parks, parking facilities, toll facilities, and any buildings and grounds for public equipment and personnel used for or engaged in administration, construction, or maintenance of the public roads or research pertaining thereto;

(8)(9) Enforcement of Code Section 16-10-24, relating to obstructing or hindering law enforcement officers, but only in those situations involving the obstruction or hindrance of enforcement officers designated by the department in their official duties is transferred to the Department of Public Safety;

(9) Directing and controlling traffic on any public road which is part of the state highway system but only in areas where maintenance and construction activities are being performed and at scenes of accidents and emergencies until local police officers or Georgia State Patrol officers arrive and have the situation under control;

(10) Enforcement of Code Sections 32-9-4 and 40-6-54, relating to designation of restricted travel lanes is transferred to the Department of Public Safety;

(11) Enforcement of Code Section 16-11-43, relating to obstructing highways, streets, sidewalks, or other public passages, on any public road which is part of the state highway system is transferred to the Department of Public Safety;

(12) Enforcement of Code Section 16-7-43, relating to littering public or private property or waters, on any public road which is part of the state highway system is transferred to the Department of Public Safety; and

(13) Enforcement of Code Section 16-7-24, relating to interference with government property, on any public road which is part of the state highway system is transferred to the Department of Public Safety; and.

(14) Enforcement of any state law when ordered to do so by the Governor.

(b) In performance of the duties specified in subsection (a) of this Code section, certified law enforcement officers employed by the department or designated by the commissioner shall:

(1) Be authorized to carry firearms;

(2) Exercise arrest powers;

(3) Have the power to stop, enter upon, and inspect all motor vehicles using the public highways for purposes of determining whether such vehicles have complied with and are complying with this chapter and other laws the administration or enforcement of which is the responsibility of the department;

(4) Have the power to examine the facilities where motor vehicles are housed or maintained and the books and records of motor carriers for purposes of determining compliance with this chapter and other laws the administration or enforcement of which is the responsibility of the department; and

(5) Exercise the powers generally authorized for law enforcement officers in the performance of the duties specified by this chapter or otherwise to the extent needed to protect any life or property when the circumstances demand action.

(c)(b) In the performance of its duties, the department shall be required to comply with all applicable federal laws and rules and regulations and shall certify that the state is in compliance with all provisions and requirements of all applicable federal-aid acts and programs.

(d) The commissioner shall authorize enforcement officers of the department to make use of dogs trained for the purpose of detection of drugs and controlled substances while such officers are engaged in the performance of their authorized duties. If such authorized use of such a dog indicates probable cause to indicate the presence of contraband, the officer or officers shall in those circumstances have the full authority of peace officers to enforce the provisions of Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,' and Article 3 of Chapter 13 of Title 16, the 'Dangerous Drug Act'; provided, however, that the department must immediately notify the local law enforcement agency and district attorney of the jurisdiction where a seizure is made.

40-16-2.1.

Annual reports shall be provided to the General Assembly by the affected departments with respect to the reorganization provided for in Code Section 40-16-2 and with respect to other activities of the departments as follows:

(1) The Department of Driver Services shall provide an annual report which shall include, together with other information deemed pertinent by the department, service metrics clearly indicating the department́s ability to meet public demand for its services; and

(2) The Department of Public Safety shall provide an annual report which shall include, together with other information deemed pertinent by the department, the records of the department with respect to safety inspections and citations issued.

40-16-3.

(a) The department shall be under the direction, control, and management of the Board of Motor Vehicle Safety Driver Services and the commissioner of motor vehicle safety driver services. The commissioner shall be appointed by and serve at the pleasure of the board.

(b)(1) The Board of Driver Services shall be a successor to and continuation of the Board of Motor Vehicle Safety and shall consist of nine members. Five members shall be appointed by the Governor and their terms shall expire as follows: two members on June 30, 2003, and June 30 of each sixth year thereafter; two members on June 30, 2005, and June 30 of each sixth year thereafter; and one member on June 30, 2007, and June 30 of each sixth year thereafter. Two members shall be appointed by the Lieutenant Governor and their terms shall expire as follows: one member on June 30, 2003, and June 30 of each sixth year thereafter and one member on June 30, 2006, and June 30 of each sixth year thereafter. Two members shall be appointed by the Speaker of the House and their terms shall expire as follows: one member on June 30, 2003, and June 30 of each sixth year thereafter and one member on June 30, 2006, and June 30 of each sixth year thereafter. All members except for the initial appointees shall serve for terms of six years and until their successors are appointed and qualified.

(2) All members serving on the Board of Motor Vehicle Safety as of the time the 2005 amendment of this Code section becomes law shall continue to serve as members of the Board of Driver Services for the remainder of their original terms of office and shall if necessary hold over beyond the end of those terms until successors are appointed and qualified.

(c) The Governor shall designate a member to serve as chairperson of the board. The chairpersońs term as chairperson shall expire on June 30, 2003, and June 30 of each second year thereafter. The board may elect other officers from among its membership and may establish bylaws for the conduct of its business.

(d) The members of the board shall receive no salary for their service on the board but any member who is not otherwise a state officer or employee shall receive a per diem expense allowance as provided in subsection (b) of Code Section 45-7-21.

(e) The board shall be the general policy-making body for the Department of Motor Vehicle Safety Driver Services; and the commissioner shall be the chief executive officer of the department, subject to the policies established by the board. All rules and regulations promulgated by the commissioner must be approved by the board before they take effect.

(f) The commissioner shall receive an annual salary to be set by the board which shall be his or her total compensation for services as commissioner. The commissioner shall be reimbursed for all actual and necessary expenses incurred by him or her in carrying out his or her official duties.

(g) The commissioner shall take and subscribe before the board an oath to discharge faithfully and impartially the duties of such office, which oath shall be in addition to the oath required of all civil officers.

40-16-4.

(a) The commissioner shall establish such units within the department as he or she deems proper for its administration and shall designate persons to be directors and assistant directors of such units to exercise such authority as he or she may delegate to them in writing.

(b) The commissioner shall have the authority to employ as many persons as he or she deems necessary for the administration of the department and for the discharge of the duties of his or her office. He or she shall issue all necessary directions, instructions, orders, and rules applicable to such persons. He or she shall have authority, as he or she deems proper, to employ, assign, compensate, and discharge employees of the department within the limitations of the department́s appropriation and the restrictions set forth by law.

(c) All employees of the department shall be compensated upon a fixed salary basis and no person shall be compensated for services to the department on a commission or contingent fee basis.

(d) Neither the commissioner nor any officer or employee of the department shall be given or receive any fee, compensation, loan, gift, or other thing of value in addition to the compensation and expense allowance provided by law for any service or pretended service either rendered or to be rendered as commissioner or as an officer or employee of the department.

(e) The commissioner shall delegate to such officers and employees of the department as he or she may designate the law enforcement powers and duties of the department as set out in Code Section 40-16-2. All officers and employees to whom such law enforcement powers and duties are delegated must be certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.' have the authority to appoint and employ 15 nonuniformed investigators who shall be certified peace officers pursuant to the provisions of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.' The investigators shall have full arrest powers in cases involving internal affairs of the department and in cases involving fraud in applications for or the issuance of any license, permit, certificate, or other credential within the jurisdiction of the department. In such cases, the investigators shall be authorized:

(1) To investigate Department of Driver Services related crimes committed anywhere in the state;

(2) To arrest any person violating the criminal laws of this state;

(3) To serve and execute warrants after notifying the law enforcement agency of the local jurisdiction of the intent to serve such warrant or warrants;

(4) To enforce in general the criminal laws of this state; and

(5) To carry firearms while performing their duties.

40-16-5.

(a) Subject to approval by the board, the commissioner shall have the power to make and publish reasonable rules and regulations not inconsistent with this title or other laws or with the Constitution of this state or of the United States for the administration of this chapter or any law which it is his or her duty to administer.

(b) The commissioner may prescribe forms as he or she deems necessary for the administration and enforcement of this chapter or any law which it is his or her duty to administer.

(c) The authority granted to the commissioner pursuant to this Code section shall be exercised at all times in conformity with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; provided, however, that regulations governing motor common carrier and motor contract carrier safety, commercial driver licensing, and hazardous materials may be adopted by administrative order referencing compatible federal regulations or standards without compliance with the procedural requirements of Chapter 13 of Title 50; provided, further, that such compatible federal regulations or standards shall be maintained on file by the department and made available for inspection and copying by the public, by means including but limited to posting on the department́s computer Internet site.

(d) Rules and regulations previously adopted which relate to functions performed by the Department of Driver Services shall remain of full force and effect as rules and regulations of the Department of Driver Services until amended, repealed, or superseded by rules or regulations adopted by the commissioner of driver services. The following rules and regulations shall remain of full force and effect as rules and regulations of the Department of Motor Vehicle Safety referenced department until amended, repealed, or superseded by rules or regulations adopted by the commissioner of motor vehicle safety referenced department:

(1) All rules and regulations previously adopted by the Department of Transportation or the State Transportation Board or the commissioner of transportation which relate to functions transferred under this chapter from to the Department of Transportation to from the Department of Motor Vehicle Safety;

(2) All rules and regulations previously adopted by the Public Service Commission which relate to functions transferred under this chapter from to the Public Service Commission to from the Department of Motor Vehicle Safety;

(3) All rules and regulations previously adopted by the Department of Public Safety or the commissioner of public safety which relate to functions transferred under this chapter from to the Department of Public Safety to from the Department of Motor Vehicle Safety; and

(4) All rules and regulations previously adopted by the Department of Revenue or the state revenue commissioner which relate to functions transferred under this chapter from to the Department of Revenue to from the Department of Motor Vehicle Safety; and

(5) All rules and regulations previously adopted which relate to functions transferred under this chapter from the Department of Human Resources to the Department of Driver Services.

(e) All valid licenses, permits, certificates, and similar authorizations previously issued by the Department of Transportation, the Public Service Commission, the Department of Public Safety, and the Department of Revenue under laws to be administered by the Department of Motor Vehicle Safety any department or agency with respect to any function transferred as provided in this chapter shall continue in effect until the same expire by their terms unless they are suspended, revoked, or otherwise made ineffective as provided by law.

40-16-5.1.

(a) Except as otherwise provided in subsection (b) of this Code section, no department motor vehicles shall be used by any certified law enforcement officers investigators employed by the department except in the discharge of official duties. Any other equipment shall be used only with the express written approval of the commissioner.

(b) The commissioner shall may adopt rules and regulations governing the use of equipment. The commissioner may adopt rules and regulations pursuant to which investigators (b)(1) Certified law enforcement officers employed by the department may use a department motor vehicle while working an approved off-duty job, provided that: any such use shall comply with such conditions as may be imposed by the commissioner, which conditions shall include but shall not be limited to a finding of public benefit and reimbursement to the department by the employer or employee for use of the vehicle.

(A) The off-duty employment is of a general nature that is the subject of a contract between the off-duty employer and the department and is service in which the use of the department motor vehicle is a benefit to the department or is in furtherance of the department́s mission;

(B) The off-duty employer agrees to pay and does pay to the department an amount determined by the commissioner to be sufficient to reimburse the department for the use of the vehicle and to pay the off-duty employee sufficient compensation. Pursuant to such contract, the department shall pay the employee of the department the compensation earned on off-duty employment whenever such employee performs such service in a department motor vehicle; and

(2)(c) At no time will an off-duty employee be allowed use of a department motor vehicle at any political function of any kind.

40-16-6.

(a) The To the extent specifically authorized by law, the commissioner may pursuant to rule or regulation specify and impose civil monetary penalties for violations of laws, rules, and regulations administered by the commissioner. Except as may be hereafter authorized by law, the maximum amount of any such monetary penalty shall not exceed the maximum penalty authorized by law or rule or regulation for the same violation immediately prior to July 1, 2001 2005.

(b) All proceedings for the imposition of civil monetary penalties by the commissioner and other contested cases to be decided by or under authority of the commissioner shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' All such administrative proceedings which are pending on July 1, 2001 2005, under laws the administration of which is transferred to from the commissioner of motor vehicle safety to another enforcement agency shall be transferred to the jurisdiction of the commissioner such other enforcement agency as of July 1, 2001 2005.

(c) The enactment amendment of this chapter and the Act by which it is enacted amended shall not affect or abate the status as a crime of any act or omission which occurred prior to July 1, 2001 2005, nor shall the prosecution of such crime be abated as a result of such enactment amendment.

(d)(1) As used in this subsection, the term 'anhydrous ammonia' means any substance identified to contain the compound ammonia which is capable of being utilized in the production of methamphetamine or any other controlled substance.

(2) Any person, firm, or corporation transporting methamphetamine, amphetamine, any mixture containing either methamphetamine or amphetamine, anhydrous ammonia, or any mixture containing anhydrous ammonia shall be subject to all rules and regulations promulgated by the commissioner pursuant to Code Section 46-7-26 governing the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials.

(3) Notwithstanding the provisions of subsection (a) of this Code section, the commissioner may impose civil monetary penalties in an amount not to exceed $25,000.00 for each violation of any rules and regulations promulgated pursuant to Code Section 46-7-26 with respect to persons transporting methamphetamine, amphetamine, any mixture containing either methamphetamine or amphetamine, anhydrous ammonia, or any mixture containing anhydrous ammonia.

40-16-7.

(a) The department shall be a budget unit to which funds may be appropriated as provided in the 'Budget Act,' Part 1 of Article 4 of Chapter 12 of Title 45. The department shall be an independent and distinct department of state government. The duties of the department shall be performed by that department and not by any other agency of state government, and the department shall not perform the duties of any other agency of state government. The position of commissioner of motor vehicle safety driver services shall be a separate and distinct position from any other position in state government. The duties of the commissioner shall be performed by the commissioner and not by any other officer of state government, and the commissioner shall not perform the duties of any other officer of state government.

(b) Appropriations to the Department of Revenue, the Department of Public Safety, the Department of Transportation, and the Public Service Commission for functions transferred to and from the Department of Motor Vehicle Safety pursuant to this chapter and other departments may be transferred to the Department of Motor Vehicle Safety and from such departments as provided for in Code Section 45-12-90, relating to disposition of appropriations for duties, purposes, and objects which have been transferred. Personnel, equipment, and facilities previously employed by the Department of Revenue, the Department of Public Safety, the Department of Transportation, and the Public Service Commission for such transferred functions shall likewise be transferred to the Department of Motor Vehicle Safety appropriate departments. Contracts relating to functions transferred to and from the Department of Motor Vehicle Safety and other departments, and any rights of renewal under such contracts, shall also be transferred to the appropriate departments. Any disagreement between such departments as to any such transfers shall be determined by the Governor.

(c) Except as specifically provided otherwise by law, all fines and forfeitures collected for criminal violations cited by the department́s enforcement officers investigators shall, after deduction from the total fine or forfeiture of the amounts due the Peace Officerś Annuity and Benefit Fund and the Sheriffś Retirement Fund of Georgia and any other deductions specified by law, be paid by the clerk of the court into the fine and forfeiture fund of the county treasurer in the same manner and subject to the same rules of distribution as other fines and forfeitures."

PART II
Amendments to Code Section 3-3-23.1.
Alcoholic beverage offenses.
SECTION 2-1.

Code Section 3-3-23.1, relating to punishment for offenses involving furnishing alcoholic beverages to, and purchasing, attempting to purchase, and possession of alcoholic beverages by, a person under 21 years of age, is amended by striking subsection (f) and inserting in its place a new subsection to read as follows:

"(f) In addition to any other punishment or sentence, the court may order all persons convicted under subsection (b) of this Code section or sentenced under subsection (c) of this Code section to complete a DUI Alcohol or Drug Use Risk Reduction Program prescribed by the Department of Human Resources Driver Services within 120 days of such conviction or sentence. Failure to complete such program within 120 days shall be contempt of court and shall be punished by a fine of not more than $300.00 or 20 days imprisonment, or both. If the conviction or sentence results from a charge of unlawful possession of alcoholic beverages while operating a motor vehicle, the court shall report such conviction or sentence to the Department of Motor Vehicle Safety Driver Services within ten days after conviction or sentencing."

PART III
Amendments to Article 2 of Chapter 8-2.
Factory built buildings and dwelling units.
SECTION 3-1.

Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, is amended by striking Part 4, relating to manufactured or mobile homes, and inserting in its place a new part to read as follows:

"Part 4
Subpart 1

8-2-180.

As used in this part, the term:

(1) 'Clerk of superior court' means the clerk of the superior court of the county in which the property to which the home is or is to be affixed is located.

(2) 'Commissioner of motor vehicle safety' means the state revenue commissioner and includes any county tax commissioner when so authorized by the state revenue commissioner of motor vehicle safety to act on his or her behalf in carrying out the responsibilities of this part.

(3) 'Home' means a manufactured home or mobile home.

(4) 'Manufactured home' has the meaning specified in paragraph (4) of Code Section 8-2-160.

(5) 'Mobile home' has the meaning specified in paragraph (6) of Code Section 8-2-160.

8-2-181.

(a) A manufactured home or mobile home shall constitute personal property and shall be subject to the 'Motor Vehicle Certificate of Title Act,' Chapter 3 of Title 40, until such time as the home is converted to real property as provided for in this part.

(b) A manufactured home or mobile home shall become real property if:

(1) The home is or is to be permanently affixed on real property and one or more persons with an ownership interest in the home also has an ownership interest in such real property; and

(2) The owner of the home and the holders of all security interests therein execute and file a Certificate of Permanent Location:

(A) In the real estate records of the county where the real property is located; and

(B) With the commissioner of motor vehicle safety.

(c) The Certificate of Permanent Location shall be in a form prescribed by the commissioner of motor vehicle safety and shall include:

(1) The name and address of the owner of the home;

(2) The names and addresses of the holders of any security interest in and of any lien upon the home;

(3) The title number assigned to the home;

(4) A description of the real estate on which the home is or is to be located, including the name of the owner and a reference by deed book and page number to the chain of title of such real property; and

(5) Any other data the commissioner of motor vehicle safety prescribes.

8-2-182.

(a) When a Certificate of Permanent Location is properly filed with the clerk of superior court, the clerk shall record such certificate in the same manner as other instruments affecting the real property described in the certificate and shall charge and collect the fees usually charged for recording deeds and other instruments relating to real estate. Such certificate shall be indexed under the name of the current owner of the real property in both the grantor and grantee indexes. The clerk shall provide the owner with a certified copy of the certificate, reflecting its filing, and shall charge and collect the fees usually charged for the provision of certified copies of documents relating to real estate.

(b) Upon receipt of a certified copy of a properly executed Certificate of Permanent Location, along with the certificate of title, the commissioner of motor vehicle safety shall file and retain a copy of such certificate together with all other prior title records related to the home. When a properly executed certificate has once been filed, the commissioner of motor vehicle safety shall accept no further title filings with respect to that home, except as may be necessary to correct any errors in the department́s records and except as provided in Subparts 2 and 3 of this part.

(c) When a Certificate of Permanent Location is so filed, the commissioner of motor vehicle safety shall issue to the clerk of the superior court with whom the original Certificate of Permanent Location was filed confirmation by the commissioner of motor vehicle safety that the certificate has been so filed and the certificate of title has been surrendered.

(d) Upon receipt of confirmation of the filing of the Certificate of Permanent Location from the commissioner of motor vehicle safety, the clerk of superior court shall provide a copy of the Certificate of Permanent Location to the appropriate board of tax assessors or such other local official as is responsible for the valuation of real property.

8-2-183.

(a) When a Certificate of Permanent Location has been properly filed with the clerk of superior court, a certified copy thereof properly filed with the commissioner of motor vehicle safety, and the certificate of title is surrendered, the home shall become for all legal purposes a part of the real property on which it is located. Without limiting the generality of the foregoing, the home shall be subject to transfer by the owner of the real property, subject to any security interest in the real property and subject to foreclosure of any such interest, in the same manner as and together with the underlying real property.

(b) When a home has become a part of the real property as provided in this part, it shall be unlawful for any person to remove such home from the real property except with the written consent of the owner of the real property and the holders of all security interests in the real property and in strict compliance with the requirements of Subpart 2 of this part. Any person who violates this subsection shall be guilty of a misdemeanor of a high and aggravated nature.

Subpart 2

8-2-184.

(a) A home which has previously become real property shall become personal property if:

(1) The manufactured home or mobile home is or is to be removed from the real property with the written consent of the owner of the real property and the holders of all security interests therein; and

(2) The owner of the real property and the holders of all security interests therein execute and file a Certificate of Removal from Permanent Location:

(A) With the commissioner of motor vehicle safety; and

(B) In the real estate records of the county where the real property is located.

(b) The Certificate of Removal from Permanent Location shall be in a form prescribed by the commissioner of motor vehicle safety and shall include:

(1) The name and address of the owner;

(2) The names and addresses of the holders of any security interest and of any lien;

(3) The title number formerly assigned to the home;

(4) A description of the real estate on which the home was previously located, including the name of the owner and a reference by deed book and page number to the recording of the former certificate of permanent location; and

(5) Any other data the commissioner of motor vehicle safety prescribes.

8-2-185.

(a) Upon receipt of a properly executed Certificate of Removal from Permanent Location, the commissioner of motor vehicle safety shall file and retain a copy of such certificate together with all other prior title records related to the home and may thereafter issue a new certificate of title for the home. The commissioner of motor vehicle safety shall charge and collect the fee otherwise prescribed by law for the issuance of a certificate of title.

(b) When a Certificate of Removal from Permanent Location is so filed, the commissioner of motor vehicle safety shall return to the filing party the original of the certificate containing thereon confirmation by the commissioner of motor vehicle safety that the certificate has been so filed.

8-2-186.

(a) The clerk of superior court shall not accept a Certificate of Removal from Permanent Location for filing unless the certificate contains thereon the confirmation by the commissioner of motor vehicle safety that the certificate has been filed with the commissioner of motor vehicle safety.

(b) When a Certificate of Removal from Permanent Location is properly filed with the clerk of superior court, the clerk shall record such certificate in the same manner as other instruments affecting the real property described in the certificate and shall charge and collect the fees usually charged for recording deeds and other instruments relating to real estate. Such certificate shall be indexed under the name of the current owner of the real property in both the grantor and grantee indexes.

Subpart 3

8-2-187.

(a) When a home which has previously become real property has been or is to be destroyed, the owner of the real property and the holders of all security interests therein shall execute and file a Certificate of Destruction:

(1) With the commissioner of motor vehicle safety; and

(2) In the real estate records of the county where the real property is located.

(b) The Certificate of Destruction shall be in a form prescribed by the commissioner of motor vehicle safety and shall include:

(1) The name and address of the owner;

(2) The names and addresses of the holders of any security interest and of any lien;

(3) The title number formerly assigned to the home;

(5) Verification of the destruction by a law enforcement officer; and

(6) Any other data the commissioner of motor vehicle safety prescribes.

8-2-188.

(a) Upon receipt of a properly executed Certificate of Destruction, the commissioner of motor vehicle safety shall file and retain a copy of such certificate together with all other prior title records related to the home.

(b) When a Certificate of Destruction is so filed, the commissioner of motor vehicle safety shall issue to the filing party the original of the certificate containing thereon confirmation by the commissioner of motor vehicle safety that the certificate has been so filed.

8-2-189.

(a) The clerk of superior court shall not accept a Certificate of Destruction for filing unless the certificate contains thereon the confirmation by the commissioner of motor vehicle safety that the certificate has been filed with the commissioner of motor vehicle safety.

(b) When a Certificate of Destruction is properly filed with the clerk of superior court, the clerk shall record such certificate in the same manner as other instruments affecting the real property described in the certificate and shall charge and collect the fees usually charged for recording deeds and other instruments relating to real estate. Such certificate shall be indexed under the name of the current owner of the real property in both the grantor and grantee indexes.

Subpart 4

8-2-190.

A manufactured or mobile home which constitutes real property shall not be subject to Article 10 of Chapter 5 of Title 48 but shall instead be taxed as real property and a part of the underlying real estate.

8-2-191.

The commissioner of motor vehicle safety shall charge a fee of $18.00 for any filing under this part."

PART IV
Amendments to Title 10.
Commerce and trade.
SECTION 4-1.

Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended in Code Section 10-1-350, relating to definitions applicable to secondary metals recyclers, by striking paragraph (5) and inserting in its place a new paragraph to read as follows:

"(5) 'Personal identification card' means a driveŕs license or identification card issued by the Department of Motor Vehicle Safety Driver Services or a similar card issued by another state, a military identification card, a passport, or an appropriate work authorization issued by the United States Immigration and Naturalization Service U.S. Citizenship and Immigration Services of the Department of Homeland Security."

SECTION 4-2.

Said Title 10 is further amended in Code Section 10-1-393, relating to prohibited unfair or deceptive practices in consumer transactions, by striking paragraph (28) of subsection (b) and inserting in its place a new paragraph to read as follows:

"(28) Any violation of the rules and regulations promulgated by the Department of Human Resources Driver Services pursuant to subsection (e) of Code Section 40-5-83 which relates to the consumer transactions and business practices of DUI Alcohol or Drug Use Risk Reduction Programs, except that the Department of Human Resources Driver Services shall retain primary jurisdiction over such complaints;".

SECTION 4-3.

Said Title 10 is further amended in Code Section 10-1-645, relating to warranty reimbursement policies under the "Georgia Motor Vehicle Franchise Practices Act," by striking subsection (d) and inserting in its place a new subsection to read as follows:

"(d) If a franchisor contracts with its dealers, the franchisor shall certify under oath to the Department of Motor Vehicle Safety Revenue that a majority of the dealers of that line make did agree to such an agreement and file a sample copy of the agreement. On an annual basis, each dealer shall certify under oath to the department that the reimbursement costs it recovers under subparagraph (c)(2)(A) of this Code section do not exceed the amounts authorized by subparagraph (c)(2)(A) of this Code section. The franchisor shall maintain for a period of three years a file that contains the information upon which its certification is based."

SECTION 4-4.

Said Title 10 is further amended by striking Code Sections 10-1-665, 10-1-666, and 10-1-667, relating to respectively to definitions, enforcement, and administrative review under the "Georgia Motor Vehicle Franchise Practices Act," and inserting in their place new Code sections to read as follows:

"10-1-665.

As used in this part, the term:

(1) 'Commissioner' means the state revenue commissioner of motor vehicle safety.

(2) 'Department' means the Department of Motor Vehicle Safety Revenue.

10-1-666.

As an alternative to and in addition to any civil or criminal enforcement of this article, the state revenue commissioner of motor vehicle safety by and through the Department of Motor Vehicle Safety Revenue is authorized to enforce the provisions of this article and any order issued pursuant to the enforcement of this article.

10-1-667.

Any dealer, distributor, or manufacturer who is aggrieved by a violation of any provision of this article may file a petition with the Department of Motor Vehicle Safety Revenue setting forth the facts supporting the allegation of such violation. The commissioner shall issue an administrative order, whenever the commissioner, after notice to all parties and after a hearing, determines that a violation of this article or any order issued under this article has occurred. The notice and 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 party 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, the 'Georgia Administrative Procedure Act.' The commissioner or the prevailing party may file, in the superior court in the county wherein the party under order resides or, if such party is a corporation, in the county wherein the corporation maintains its established place of business or its agent for service of process is located, or 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 remedy 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 under the laws of this state."

PART V
Amendments to Title 15.
Courts.
SECTION 5-1.

Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code Section 15-11-66, relating to disposition of delinquent children in juvenile court proceedings, by striking subsection (b) and inserting in its place a new subsection to read as follows:

"(b) At the conclusion of the dispositional hearing provided in subsection (a) of Code Section 15-11-65, if the child is found to have committed a delinquent act, the court may, in addition to any other treatment or rehabilitation, suspend the driveŕs license of such child for any period not to exceed the date on which the child becomes 18 years of age or, in the case of a child who does not have a driveŕs license, prohibit the issuance of a driveŕs license to such child for any period not to exceed the date on which the child becomes 18 years of age. The court shall retain the driveŕs license for a period of suspension and return it to the offender at the end of such period. The court shall notify the Department of Motor Vehicle Safety Driver Services of any such actions taken pursuant to this subsection. If the child is adjudicated for the commission of a delinquent act, the court may in its discretion, in addition to any other treatment or rehabilitation, order the child to serve up to a maximum of 90 days in a youth development center, or after assessment and with the court́s approval, in a treatment program provided by the Department of Juvenile Justice or the juvenile court."

SECTION 5-2.

Said Title 15 is further amended in Code Section 15-11-73, relating to juvenile traffic offenses, by striking subsections (g) and (j) and inserting in their respective places new subsections to read as follows:

"(g) Disposition. If the court finds on the admission of the child or upon the evidence that the child committed the offense charged, it may make one or more of the following orders:

(1) Reprimand, counsel, or warn the child and the child́s parents; provided, however, that this dispositional order is not available for any offense listed in subsection (c) of this Code section;

(2) As a matter of probation or if the child is committed to the custody of the state, order the Department of Motor Vehicle Safety Driver Services to suspend the child́s privilege to drive under stated conditions and limitations for a period not to exceed 12 months;

(3) Require the child to attend a traffic school conducted approved by the Department of Motor Vehicle Safety Driver Services or a substance abuse clinic or program approved by either the Department of Human Resources or the Council of Juvenile Court Judges for a reasonable period of time;

(4) Order the child to remit to the general fund of the county a sum not exceeding the maximum applicable to an adult for a like offense;

(5) Require the child to participate in a program of community service as specified by the court;

(6) Impose any sanction authorized by Code Section 15-11-66, 15-11-67, or 15-11-68; or

(7) Place the child on probation subject to the conditions and limitations imposed by Title 40 on probation granted to adults for like offenses, but such probation shall be supervised by the court as provided in Code Section 15-11-66."

"(j) Reporting procedure. Upon finding that the child has committed a juvenile traffic offense or a delinquent offense which would be a violation of Title 40 if committed by an adult, the court shall forward, within ten days, a report of the final adjudication and disposition of the charge to the Department of Motor Vehicle Safety Driver Services; provided, however, that this procedure shall not be applicable to those cases which have been dismissed or in which the child and the child́s parents have been reprimanded, counseled, or warned by the court pursuant to paragraph (1) of subsection (g) of this Code section. The Department of Motor Vehicle Safety Driver Services shall record the adjudication and disposition of the offense on the child́s permanent record and such adjudication and disposition shall be deemed a conviction for the purpose of suspending or revoking the individuaĺs driveŕs license. Such record shall also be available to law enforcement agencies and courts as are the permanent traffic records of adults."

SECTION 5-3.

Said Title 15 is further amended Code Section 15-12-40, relating to compilation, maintenance, and revision of jury lists, by striking paragraph (1) of subsection (a) and inserting in its place a new paragraph to read as follows:

"(1) At least biennially, unless otherwise directed by the chief judge of the superior court, the board of jury commissioners shall compile, maintain, and revise a trial jury list of upright and intelligent citizens of the county to serve as trial jurors and a grand jury list of the most experienced, intelligent, and upright citizens of the county to serve as grand jurors. In composing the trial jury list, the board of jury commissioners shall select a fairly representative cross section of the intelligent and upright citizens of the county. In composing the grand jury list, the board of jury commissioners shall select a fairly representative cross section of the most experienced, intelligent, and upright citizens of the county. In carrying out revisions of the trial jury list and grand jury list on or after July 1, 2002, the board of jury commissioners shall make use of all of the following:

(A) A list of all residents of the county who are the holders of driverś licenses or personal identification cards issued by the Department of Motor Vehicle Safety Driver Services pursuant to the provisions of Chapter 5 of Title 40; and the Department of Motor Vehicle Safety Driver Services shall periodically make such a list available to the board of jury commissioners of each county;

(B) The registered voters list in the county; and

The Department of Motor Vehicle Safety Driver Services shall provide a list, which includes the name, address, date of birth, gender, driveŕs license or personal identification card number issued pursuant to the provisions of Chapter 5 of Title 40, and, whenever racial and ethnic information is collected by the Department of Motor Vehicle Safety Driver Services for purposes of voter registration pursuant to Code Section 21-2-221, racial and ethnic information, to the board of jury commissioners of each county. No jury list compiled prior to July 1, 2002, shall be rendered invalid by the use of or a failure to make use of the sources specified in this Code section; but each revision of the jury list on or after that date shall make use of all such sources to the extent actually available to the board of jury commissioners."

PART VI
Amendments to Article 4 of Chapter 16-8.
Motor vehicle chop shops.
SECTION 6-1.

Article 4 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to motor vehicle chop shops, is amended in Code Section 16-8-82, relating to definitions applicable to said article, by striking paragraph (5) and inserting in its place a new paragraph to read as follows:

"(5) 'Vehicle identification number' includes, but is not limited to, a number or numbers, a letter or letters, a character or characters, a datum or data, a derivative or derivatives, or a combination or combinations thereof, used by the manufacturer or the Department of Motor Vehicle Safety Revenue for the purpose of uniquely identifying a motor vehicle or motor vehicle part."

SECTION 6-2.

Said Article 4 of Chapter 8 of Title 16 is further amended in Code Section 16-8-85, relating to forfeiture of seized property, by striking paragraph (2) of subsection (f) and subsections (k), (l), and (r) and inserting in their respective places a new paragraph and subsections to read as follows:

"(2) The prosecutor shall give notice of the forfeiture proceeding by mailing a copy of the complaint in the forfeiture proceeding to each person whose right, title, or interest is of record in the Department of Motor Vehicle Safety Revenue, the Department of Transportation, the Federal Aviation Agency, or any other department or agency of this state, any other state or territory of the United States, or of the federal government if such property is required to be registered with any such department or agency."

"(k) No motor vehicle or motor vehicle part shall be forfeited under this Code section solely on the basis that it is unidentifiable. Instead of forfeiture, any seized motor vehicle or motor vehicle part which is unidentifiable shall be the subject of a written report sent by the seizing agency to the Department of Motor Vehicle Safety Revenue, which report shall include a description of the motor vehicle or motor vehicle part, including its color, if any; the date, time, and place of its seizure; the name of the person from whose possession or control it was seized; the grounds for its seizure; and the location where the same is held or stored.

(l) When a seized unidentifiable motor vehicle or motor vehicle part has been held for 60 days or more after the notice to the Department of Motor Vehicle Safety Revenue specified in subsection (k) of this Code section has been given, the seizing agency, or its agent, shall cause the motor vehicle or motor vehicle part to be sold at a public sale to the highest bidder. Notice of the time and place of sale shall be posted in a conspicuous place for at least 30 days prior to the sale on the premises where the motor vehicle or motor vehicle part has been stored."

"(r) When an applicant for a certificate of title or salvage certificate of title presents to the Department of Motor Vehicle Safety Revenue proof that the applicant purchased or acquired a motor vehicle at public sale conducted pursuant to this Code section and such fact is attested to by the seizing agency, the Department of Motor Vehicle Safety Revenue shall issue a certificate of title or a salvage certificate of title, as determined by the state revenue commissioner of motor vehicle safety, for such motor vehicle upon receipt of the statutory fee, a properly executed application for a certificate of title or other certificate of ownership, and the affidavit of the seizing agency that a state assigned number was applied for and affixed to the motor vehicle prior to the time that the motor vehicle was released by the seizing agency to the purchaser."

PART VII
Amendments to Title 17.
Criminal procedure.
SECTION 7-1.

Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in Code Section 17-5-50, relating to handling and disposition of seized property, by striking paragraph (2) of subsection (b) and inserting in its place a new paragraph to read as follows:

"(2) If the person from whom custody of the property was taken fails to assert a claim to such property, upon any applicant furnishing satisfactory proof of ownership of such property and presentation of proper personal identification, the person in charge of the property section may deliver such property to the applicant. The person to whom property is delivered shall sign, under penalty of false swearing, a declaration of ownership, which shall be retained by the person in charge of the property section. Such declaration, absent any other proof of ownership, shall be deemed satisfactory proof of ownership for the purposes of this Code section; provided, however, that, in the case of motor vehicles, trailers, tractors, or motorcycles which are required to be registered with the state revenue commissioner of motor vehicle safety, any such stolen vehicle shall be returned to the person evidencing ownership of such vehicle through a certificate of title, tag receipt, bill of sale, or other such evidence. The stolen vehicle shall be returned to the person evidencing ownership within two days after such person makes application for the return of such vehicle unless a hearing on the ownership of such vehicle is required under this Code section or unless law enforcement needs the stolen vehicle for further criminal investigation purposes. Prior to such delivery, such person in charge of the property section shall make and retain a complete photographic record of such property. Such delivery shall be without prejudice to the state or to the person from whom custody of the property was taken or to any other person who may have a claim against the property."

SECTION 7-2.

Said Title 17 is further amended in Code Section 17-6-2, relating to bail in misdemeanor cases, by striking paragraphs (3) and (4) of subsection (a) and inserting in their place new paragraphs to read as follows:

"(3) A failure to appear by the individual who has been charged with a misdemeanor offense and who posted that individuaĺs license as bail pursuant to this subsection shall, by operation of law, cause that individuaĺs license to be suspended by the Department of Motor Vehicle Safety Driver Services effective immediately, and the clerk of the court within five days after that failure to appear shall forward a copy of the agreement to the Department of Motor Vehicle Safety Driver Services which shall enter the suspension upon the individuaĺs driver history record. The posting of a license as provided in this subsection shall also be considered as bail for the purposes of Code Section 16-10-51. Where the original court date has been continued by the judge, clerk, or other officer of the court and there has been actual notice given to the defendant in open court or in writing by a court official or officer of the court or by mailing such notice to the defendant́s last known address, then the provisions of this paragraph shall apply to the new court appearance date.

(4) A license suspended pursuant to this subsection shall only be reinstated when the individual shall pay to the Department of Motor Vehicle Safety Driver Services a restoration fee of $25.00 together with a certified notice from the clerk of the originating court that the case has either been disposed of or has been rescheduled and a deposit of sufficient collateral approved by the sheriff of the county wherein the charges were made in an amount to satisfy the original bail amount has been paid. The court wherein the charges are pending shall be authorized to require payment of costs by the defendant in an amount not to exceed $100.00 to reschedule the case."

SECTION 7-3.

Said Title 17 is further amended by striking Code Section 17-6-11, relating to display of driveŕs license in lieu of bail, and inserting in its place a new Code section to read as follows:

"17-6-11.

(a) Any other laws to the contrary notwithstanding, any person who is apprehended by an officer for the violation of the laws of this state or ordinances relating to: (1) traffic, including any offense under Code Section 40-5-72 or 40-6-10, but excepting any other offense for which a license may be suspended for a first offense by the commissioner of motor vehicle safety driver services, any offense covered under Code Section 40-5-54, or any offense covered under Article 15 of Chapter 6 of Title 40; (2) the licensing and registration of motor vehicles and operators; (3) the width, height, and length of vehicles and loads; (4) motor common carriers and motor contract carriers; or (5) road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48 upon being served with the official summons issued by such apprehending officer, in lieu of being immediately brought before the proper magistrate, recorder, or other judicial officer to enter into a formal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance ordering incarceration, may display his or her driveŕs license to the apprehending officer in lieu of bail, in lieu of entering into a recognizance for his or her appearance for trial as set in the aforesaid summons, or in lieu of being incarcerated by the apprehending officer and held for further action by the appropriate judicial officer. The apprehending officer shall note the driveŕs license number on the official summons. The summons duly served as provided in this Code section shall give the judicial officer jurisdiction to dispose of the matter.

(b) Upon display of the driveŕs license, the apprehending officer shall release the person so charged for his or her further appearance before the proper judicial officer as required by the summons. The court in which the charges are lodged shall immediately forward to the Department of Motor Vehicle Safety Driver Services of this state the driveŕs license number if the person fails to appear and answer to the charge against him or her. The commissioner of motor vehicle safety driver services shall, upon receipt of a license number forwarded by the court, suspend the driveŕs license and driving privilege of the defaulting person until notified by the court that the charge against the person has been finally adjudicated. Such persońs license shall be reinstated if the person submits proof of payment of the fine from the court of jurisdiction and pays to the Department of Motor Vehicle Safety Driver Services a restoration fee of $35.00 $50.00 or $25.00 when such reinstatement is processed by mail.

(b.1) It shall be the duty of a law enforcement officer or emergency medical technician responding to the scene of any motor vehicle accident or other accident involving a fatal injury to examine immediately the driveŕs license of the victim to determine the victiḿs wishes concerning organ donation. If the victim has indicated that he or she wishes to be an organ donor, it shall be the duty of such law enforcement officer or emergency medical technician to take appropriate action to ensure, if possible, that the victiḿs organs shall not be imperiled by delay in verification by the donoŕs next of kin.