08 LC 34
1421
House
Bill 945
By:
Representatives Rice of the
51st,
Parham of the
141st,
Stephens of the
164th,
Roberts of the
154th,
and Coan of the
101st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 40-2-130 of the Official Code of Georgia Annotated, relating
to records of certificates of registration, so as to allow persons engaged in
providing notification to owners of towed or impounded vehicles to access motor
vehicle registration records; to amend Code Section 40-3-23 of the Official Code
of Georgia Annotated, relating to issuance of certificates of title, maintenance
of record of certificates issued, and records for a fee, so as to allow persons
engaged in providing notification to owners of towed or impounded vehicles to
access motor vehicle certificate of title records; 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 40-2-130 of the Official Code of Georgia Annotated, relating to records
of certificates of registration, is amended by revising paragraphs (3) and (4)
and adding a new paragraph (5) in subsection (c) and revising subsection (d) to
read as follows:
"(3)
The director of the Environmental Protection Division of the Department of
Natural Resources or his or her designee;
and
(4)
Any private person who has met the requirements of Code Section 40-2-25,
provided that the information shall be used for the sole purpose of effectuating
the registration or renewal of motor vehicles by electronic or similar means and
that the private person requesting the information has entered into an agreement
to provide electronic services to the commissioner or a county tag agent;
provided, further, that the information made available pursuant to this
paragraph for such purpose shall be limited to the vehicle identification
number, the license tag number, the date of expiration of registration, and the
amount of tax
owed;
and
(5)
A person or entity authorized by the commissioner for use in providing notice to
the owners of towed or impounded
vehicles.
(d)
Except as otherwise required in the federal Driver´s Privacy Protection Act
of 1994, 18 U.S.C. Chapter 123, personal information furnished under paragraphs
(1) through
(4)
(5)
of subsection (c) of this Code section shall be limited to the natural
person´s name, address, and driver identification number. The personal
information obtained by a business under this Code section shall not be resold
or redisclosed for any purposes other than those permitted under the federal
Driver´s Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, without the
written consent of the individual. Furnishing of information to a business
under this Code section shall be pursuant to a contract entered into by such
business and the state which specifies the consideration to be paid by such
business to the state for such information and the frequency of
updates."
SECTION
2.
Code
Section 40-3-23 of the Official Code of Georgia Annotated, relating to issuance
of certificates of title, maintenance of record of certificates issued, and
records for a fee, is amended by revising paragraphs (1) and (2) and adding a
new paragraph (3) in subsection (d) and revising subsection (f) to read as
follows:
"(d)
The motor vehicle records which the commissioner or the commissioner´s duly
authorized county tag agent is required to maintain under this Code section or
any other provision are exempt from the provisions of any law of this state
requiring that such records be open for public inspection; provided, however,
that, subject to subsection (f) of this Code section, the records may be
disclosed for use as provided in the federal Driver´s Privacy Protection
Act of 1994, 18 U.S.C. Chapter 123, and by the following:
(1)
Any licensed dealer of new or used motor vehicles;
and
(2)
Any tax collector, tax receiver, or tax
commissioner;
and
(3)
A person or entity authorized by the commissioner for use in providing notice to
the owners of towed or impounded
vehicles."
"(f)
Except as otherwise required in the federal Driver´s Privacy Protection Act
of 1994, 18 U.S.C. Chapter 123, personal information furnished under paragraphs
(1),
and
(2), and
(3) of subsection (d) of this Code section
shall be limited to the natural person´s name, address, and driver
identification number. The personal information obtained by a business under
this Code section shall not be resold or redisclosed for any purposes other than
those permitted under the federal Driver´s Privacy Protection Act of 1994,
18 U.S.C. Chapter 123, without the written consent of the individual.
Furnishing of information to a business under this Code section shall be
pursuant to a contract entered into by such business and the state which
specifies the consideration to be paid by such business to the state for such
information and the frequency of updates."
SECTION
3.
This
Act shall become effective on July 1, 2008.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.