sb251_As_introduced_LC_38_3209_2.html
07 LC 28 3209
Senate Bill 251
By: Senator Thompson of the 5th

A BILL TO BE ENTITLED
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 each tow truck or wrecker operator shall post the vehicle identification numbers and license plate numbers of certain motor vehicles that are towed by such operator on such website within certain periods of time; 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 on such website; to provide for enforcement by the Department of Revenue; to provide for the promulgation of rules and regulations; to provide for related matters; 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 display 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 display 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.
(b) Each tow truck and wrecker operator in this state shall, within 12 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 posted 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.
(c) Each tow truck or wrecker operator who fails timely to post or cause to be posted the information required by subsection (b) of this Code section shall be subject to a civil penalty in the amount of $1,000.00 for each such violation. In addition, if a tow truck or wrecker operator fails timely to post the information required by subsection (b) of this Code section, such tow truck or wrecker operator shall not be entitled to charge for the towing of such motor vehicle nor any associated storage charges for such motor vehicle. The provisions of this subsection shall be enforced by the Department of Revenue.
(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.
All laws and parts of laws in conflict with this Act are repealed.