08 HB
1235/AP
House
Bill 1235 (AS PASSED HOUSE AND SENATE)
By:
Representative Scott of the
153rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 40-6-10 of the Official Code of Georgia Annotated, relating
to insurance requirements for operation of motor vehicles generally, so as to
provide a penalty for wrongfully towing or impounding a fleet vehicle with valid
insurance; 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 40-6-10 of the Official Code of Georgia Annotated, relating to insurance
requirements for operation of motor vehicles generally, is amended by revising
subparagraph (a)(8)(B) as follows:
"(B)
For purposes of this Code section on and after January 1, 2004, a valid
insurance card shall be sufficient proof of insurance only for any vehicle
covered under a fleet policy as defined in Code Section 40-5-71. The insurance
card for a fleet policy shall contain at least the name of the insurer, policy
number, policy issue or effective date, policy expiration date, and the name of
the insured and may, but shall not be required to, include the year, make,
model, and vehicle identification number of the vehicle insured.
If the
operator of any vehicle covered under a fleet policy as defined in Code Section
40-5-71 presents a valid insurance card for a fleet policy to any law
enforcement officer or agency, and the officer or agency does not recognize the
insurance card as valid proof of insurance and impounds or tows such vehicle for
lack of proof of insurance, the law enforcement agency or political subdivision
shall be liable for and limited to the fees of the wrongful impoundment or
towing of the vehicle, which in no way waives or diminishes any sovereign
immunity of such governmental
entity."
SECTION
2.
This
Act shall become effective on July 1, 2008.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.