07
SB251/AP
Senate
Bill 251
By:
Senator Thompson of the 5th
AS PASSED
AS PASSED
AN
ACT
To
amend Article 1 of Chapter 2 of Title 40 of the Official Code of Georgia
Annotated, relating to the registration and licensing of motor vehicles, so as
to require the establishment by the Department of Revenue of an Internet website
for stolen and towed motor vehicles; to require that certain persons shall post
the vehicle identification numbers and license plate numbers of certain motor
vehicles that are towed or reported stolen; to provide for penalties for failing
to post such information; to provide for certain required features of such
website; to require law enforcement agencies in this state to post the vehicle
identification numbers and license plate numbers of stolen vehicles to such
website; to provide for enforcement by the Department of Revenue; to provide for
the promulgation of rules and regulations; to amend Code Section 40-5-147 so as
to change provisions relating to issuance of commercial drivers´ licenses
and permits; to amend Code Section 40-5-150 so as to provide for expiration of
commercial drivers´ licenses; to provide for related matters; to provide
for an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating
to the registration and licensing of motor vehicles, is amended by adding a new
Code Section 40-2-11 to read as follows:
"40-2-11.
(a)
The Department of Revenue shall establish an Internet website for the purpose of
posting the vehicle identification numbers and license plate numbers of motor
vehicles that are towed without the knowledge or consent of the owner or
operator of such vehicle and vehicles that have been reported as stolen to law
enforcement authorities in this state. Such website shall store the vehicle
identification number and license plate number of each such vehicle that was
towed without the knowledge or consent of the owner or operator of such vehicle
along with a notation of the location where such vehicle is stored and a contact
number for such storage facility. Such website shall also store the vehicle
identification number and license plate number of each vehicle that has been
reported as being stolen to law enforcement authorities in this state with a
notation that such vehicle has been reported as being stolen. Such website
shall be designed in a manner and contain other such criteria as may be
determined by the Department of Revenue to make such website useful for the
public to determine if a vehicle reported as stolen has in fact been towed or
impounded. Such website shall be accessible for viewing by the
public.
(b)(1)
Each tow truck and wrecker operator in this state shall, within 24 hours of
towing a motor vehicle without the knowledge or consent of the owner or operator
of such motor vehicle, enter or cause to be stored on the website established
under subsection (a) of this Code section the vehicle identification number and
license plate number of such vehicle and a notation of the location where such
vehicle is stored and a contact number for such storage facility.
(2)
The operator of any storage facility or repair shop in which a vehicle is
stored:
(A)
After such vehicle has been towed without the knowledge or consent of the owner
or operator of such vehicle; or
(B)
After such vehicle has been reported as stolen to law enforcement authorities in
this state
shall,
within 24 hours of such vehicle being towed to such location, verify that the
information required under this Code section has been timely entered on the
website established under subsection (a) of this Code section. In the event
such information has not been entered, the operator shall enter or cause to be
posted on the website the required information within 24 hours of such vehicle
being towed to such location.
(3)
Any tow truck or wrecker operator or operator of any storage facility or repair
shop who fails to comply with the requirements of paragraphs (1) and (2) of this
subsection due to lack of Internet capability shall report the required
information to the Department of Revenue by an alternative method to be
established by the department.
(c)
Each tow truck or wrecker operator or operator of a storage facility or repair
shop who is required to post the information required by subsection (b) of this
Code section but who fails timely to post or cause to be posted such information
shall be subject to a civil penalty in the amount of $1,000.00 for each such
violation. Additionally, any individual who is required to post the information
required by subsection (b) of this Code section but who fails timely to post or
cause to be posted such information shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished as for a misdemeanor, shall not be
entitled to any storage fees, shall not be eligible to contract with or serve on
a rotation list providing wrecker services for this state or any political
subdivision thereof, and shall not be licensed by any municipal authority to
provide removal of improperly parked cars under Code Section
44-1-13.
(d)
Each law enforcement agency in this state receiving a report of a stolen motor
vehicle shall post or cause to be posted on the website established under
subsection (a) of this Code section the vehicle identification numbers and
license plate numbers of such motor vehicle.
(e)
Any person who, without authorization, tampers with such website or in any
manner interferes with such website shall be guilty of a misdemeanor of a high
and aggravated nature.
(f)
The Department of Revenue shall be authorized to promulgate such rules and
regulations as it deems necessary to implement the provisions of this Code
section."
SECTION
2.
Code
Section 40-5-147, relating to the requirements for issuing a commercial
driver´s license or instruction permit, is amended by revising paragraph
(1) of subsection (a) as follows:
"(a)(1)
Except as provided in Code Section 40-5-148, no person may be issued a
commercial driver´s license unless that person is a resident of this state,
is at least 18 years of age, has passed a knowledge and skills test for driving
a commercial motor vehicle which complies with minimum federal standards
established by federal regulations enumerated in 49 C.F.R. Part 383, subparts G
and H, and has satisfied all other requirements of the Commercial Motor Vehicle
Safety Act of 1986, Title XII of Public Law 99-570, in addition to any other
requirements imposed by state law or federal regulation. The tests shall be
prescribed and conducted by the department in English only."
SECTION
3.
Code
Section 40-5-150, relating to commercial drivers´ licenses, is amended by
revising subsections (g) and (h) as follows:
"(g)
Except as provided for in Code Section 40-5-21.1, the commercial driver´s
license shall expire on the licensee´s birthdate in the fifth year
following the issuance of such license.
(h)
When applying for renewal of a commercial driver´s license, the applicant
shall complete the application form required by subsection (a) of Code Section
40-5-149, providing updated information and required medical certifications.
If the applicant wishes to retain a hazardous materials endorsement, the written
test for a hazardous materials endorsement must be taken and
passed."
SECTION
4.
This
Act shall become effective on January 1, 2008.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.