07 LC 34
0952
Senate
Bill 260
By:
Senators Rogers of the 21st and Hill of the 32nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 6 of Chapter 2 of Title 40 of the Official Code of Georgia
Annotated, relating to the administration and enforcement of the provisions
regarding registration and licensing of motor vehicles, so as to provide that
the revenue commissioner is entitled to seize the license plates from any
vehicle when the vehicle´s registration has been revoked or canceled; to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.
Article
6 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating
to the administration and enforcement of the provisions regarding registration
and licensing of motor vehicles, is amended by adding a new Code section to read
as follows:
"40-2-135.2.
(a)
In addition to the powers granted to the commissioner under Code Section
40-2-135, the commissioner is authorized to request any state or county law
enforcement officer or any special agent appointed under Code Section 40-2-134
to go upon public or private property to seize a license plate or renewal decal
when the motor vehicle´s registration has been revoked or canceled. The
commissioner shall also promulgate rules and procedures for the licensing of
private entities to engage in the business of confiscating license plates or
renewal decals from vehicles with revoked or canceled registrations. The
commissioner is authorized to reimburse the law enforcement agency or private
entity a reasonable amount, to be determined by the commissioner, for each
license plate or renewal decal returned to the department.
(b)
Prior to seizing the license plate or renewal decal due to a revoked or canceled
registration, the commissioner shall notify the owner of the motor vehicle, by
first-class mail sent to the address on file with the department, that his or
her registration has been revoked and request that the license plate and renewal
decal be returned to the department within 15 days from receipt of the
notice.
(c)
If the license plate or renewal decal is not returned voluntarily, within the 15
day time period, the commissioner shall notify the law enforcement officers or
private entities, as provided for in subsection (a) of this Code section, that
the motor vehicle´s registration has been revoked or canceled and provide
them with any other relevant information, including the vehicle´s
location, make and model, color, and license plate or renewal decal
number.
(d)
Any law enforcement officer receiving the notice provided for in subsection (c)
of this Code section may proceed with the confiscation of the license plate in
any reasonable manner. Any private entity receiving such notice may only
proceed to confiscate the license plate or renewal decal upon receipt of
permission from the owner of the vehicle. The permission shall be in the form
of a signed written consent to the confiscation or a recorded oral consent to
the confiscation. This written or recorded consent must be returned to the
department with the license plate or renewal decal in order for the private
entity to receive any compensation as provided for in subsection (a) of this
Code section.
(e)
The amount of any compensation paid to a law enforcement agency or private
entity, along with an administrative processing fee to be determined by the
commissioner, shall be collected from any party that applies to reregister the
vehicle that was the subject of the revoked or canceled
registration."
SECTION
2.
This
Act shall become effective on July 1, 2007.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.