07 LC 29
2638ER/AP
House
Bill 316 (AS PASSED HOUSE AND SENATE)
By:
Representatives Ralston of the
7th,
Floyd of the
147th,
Rogers of the
26th,
Smith of the
168th,
Bridges of the
10th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 44-1-13 of the Official Code of Georgia Annotated, relating
to removal of improperly parked cars or trespassing personal property,
procedure, automatic surveillance prohibited, and penalty, so as to provide the
Public Service Commission and the governing authority of municipalities
concurrent jurisdiction on matters related to regulating and controlling the
towing of certain vehicles under certain circumstances; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal
of improperly parked cars or trespassing personal property, procedure, automatic
surveillance prohibited, and penalty, is amended by revising subsections (b) and
(d) as follows:
"(b)(1)
The
Except as
provided in subsection (d) of this Code section,
the commission shall have the
authorization to regulate and control the towing of trespassing vehicles on
private property if such towing is performed without the prior consent or
authorization of the owner or operator of the vehicle, including the authority
to set just and reasonable rates, fares, and charges for services related to the
removal, storage, and required notification to owners of such towed vehicles.
No storage fees shall be charged for the first 24 hour period which begins at
the time the vehicle is removed from the property, and no such fees shall be
allowed for the removal and storage of vehicles removed by towing and storage
firms found to be in violation of this Code section. The commission is
authorized to impose a civil penalty for any violation of this Code section in
an amount not to exceed $2,500.00.
(2)
In accordance with subsection (d) of this Code section, the governing authority
of a municipality may require towing and storage operators to charge lower
maximum rates on traffic moving between points within such municipality than
those provided by the commission´s maximum rate tariff and may require
higher public liability insurance limits and cargo insurance limits than those
required by the commission. The governing authority of a municipality shall not
provide for higher maximum costs of removal, relocation, or storage than is
provided for by the
commission."
"(d)(1)
In addition to the regulatory jurisdiction of the commission,
the
The
governing authority of each municipality having towing and storage firms
operating within its territorial boundaries may
require
and issue a license or permit to engage in
private trespass towing
within its
corporate municipal limits pursuant to
this Code section to any firm meeting the qualifications imposed by said
governing authority. The fee for the license or permit shall be set by such
governing authority. The maximum reasonable costs of removal, relocation, and
storage pursuant to the provisions of this Code section shall be compensatory,
as such term is used in the public utility rate-making procedures, and shall be
established annually by the governing authority of each municipality having
towing and storage firms operating within its territorial boundaries; provided,
however, that no storage fees shall be charged for the first 24 hour period
which begins at the time the vehicle is removed from the property, and no such
fees shall be allowed for the removal and storage of vehicles removed by towing
and storage firms found to be in violation of this Code section.
(2)
Towing and storage firms operating within a municipality´s corporate limits
shall obtain a nonconsensual towing permit from the commission and shall file
its registered agent´s name and address with the
commission."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.