07 LC 28
3453
House
Bill 519
By:
Representatives Geisinger of the
48th,
Lindsey of the
54th,
Fleming of the
117th,
Powell of the
29th,
Chambers of the
81st,
and others
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 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 36-60-25 to read as follows:
"36-60-25.
(a)
Each county and municipal corporation may require 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 unincorporated areas of the county or within the corporate limits of
the municipal corporation, respectively, and may exercise its authority under
Code Section 48-13-9 to require such owners or operators to pay a regulatory fee
to the county or municipal corporation. The General Assembly finds and declares
that any county or municipality exercising the powers granted 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. Without
limitation, each such county or municipality may exercise the powers granted in
this Code section by ordinance to the same extent as the ordinances reviewed by
the Georgia Court of Appeals in the case of Hadley v. City of Atlanta, 232 Ga.
App. 871, 875 (1998), and each certificate of public convenience and necessity
issued under those ordinances shall remain in full force and
effect.
(b)
Each certificate of public necessity and convenience or medallion issued at any
time by a county or municipal corporation shall be fully transferable pursuant
to a purchase, gift, bequest, or acquisition of the stock or assets of a
corporation to any person otherwise meeting the requirements of the applicable
local ordinance. Each such certificate of public necessity and convenience or
medallion may be used as collateral to secure a loan and each lending
institution making such a loan shall have all rights of secured parties with
respect to such loan."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.