08 LC 34
1532S
House
Bill 945 (COMMITTEE SUBSTITUTE)
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 amend Code Section 40-11-2
of the Official Code of Georgia Annotated, relating to the duty of persons
removing or storing motor vehicles, so as provide for notice provided by the
State of Georgia by electronic means; 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.
Code
Section 40-11-2 of the Official Code of Georgia Annotated, relating to the duty
of persons removing or storing motor vehicles, is amended by revising
subsections (a), (b), and (e) as follows:
"(a)
Any person who removes a motor vehicle from public property at the request of a
law enforcement officer or stores such vehicle shall, if the owner of the
vehicle or some person acting for the owner is not present, seek the identity of
and address of all known owners of such vehicle from the law enforcement officer
requesting removal of such, from such officer´s agency,
or
from a local law enforcement agency for the jurisdiction in which the
remover´s or storer´s place of business is
located, or
from the State of Georgia by direct electronic access as provided through its
agencies and authorities within three
business days of removal. The local law enforcement agency shall furnish such
information to the person removing such vehicle within three business days after
receipt of such request.
(b)
Any person who removes a motor vehicle from private property at the request of
the property owner or stores such vehicle shall, if the owner of the vehicle or
some person acting for the owner is not present, notify in writing a local law
enforcement agency of the location of the vehicle, the manufacturer´s
vehicle identification number, license number, model, year, and make of the
vehicle within three business days of the removal of such vehicle and shall seek
from the local law enforcement agency
or from the
State of Georgia by direct electronic access as provided through its agencies
and authorities the identity and address
of all known owners of such
vehicle,
and any information indicating that such vehicle is a stolen motor vehicle. The
local law enforcement agency shall furnish such information to the person
removing such vehicle within three business days after receipt of such
request."
"(e)
If none of the owners redeems such motor vehicle as described in subsection (d)
of this Code section, or if a vehicle being repaired by a repair facility or
being stored by an insurance company providing insurance to cover damages to the
vehicle becomes abandoned, the person removing or storing such motor vehicle
shall, within seven calendar days of the day such vehicle became an abandoned
motor vehicle, give notice
by electronic
means as provided by the State of Georgia through its agencies and
authorities, in writing,
or
by sworn statement, on the form prescribed by the state revenue commissioner, to
the Department of Revenue with a research fee as fixed by rule or regulation
payable to the Department of Revenue, stating the manufacturer´s vehicle
identification number, the license number, the fact that such vehicle is an
abandoned motor vehicle, the model, year, and make of the vehicle, the date the
vehicle became an abandoned motor vehicle, the date the vehicle was removed, and
the present location of such vehicle and requesting the name and address of all
owners of such vehicle. If the form submitted is rejected because of inaccurate
or missing information, the person removing or storing the vehicle shall
resubmit, within seven calendar days of the date of the rejection, a corrected
notice form together with an additional research fee as fixed by rule or
regulation payable to the Department of Revenue. Each subsequent corrected
notice, if required, shall be submitted with an additional research fee as fixed
by rule or regulation payable to the Department of Revenue. If a person removing
or storing the vehicle has knowledge of facts which reasonably indicate that the
vehicle is registered or titled in a certain other state, such person shall
check the motor vehicle records of that other state in the attempt to ascertain
the identity of the owner of the vehicle. Research requests may be submitted and
research fees made payable to the office of the tax commissioner and deposited
in the general fund for the county in which the remover´s or storer´s
place of business is located in lieu of the Department of Revenue, but in like
manner, if such office processes motor vehicle records of the Department of
Revenue."
SECTION
4.
This
Act shall become effective on July 1, 2008.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.