HB116: HB116 Public Safety, Department of; Motor Carrier Compliance Division to Commercial Vehicle Enforcement; change name

25 LC 39 4485/AP House Bill 116 (AS PASSED HOUSE AND SENATE) By: Representatives McDonald III of the 26 th, Crowe of the 118 th, Hitchens of the 161 st, Lumsden of the 12th, and Barrett of the 24th A BILL TO BE ENTITLED AN ACT To amend Article 5 of Chapter 2 of Title 35 and Title 40 of the Official Code of Georgia1 Annotated, relating to Motor Carrier Compliance Division of the Department of Public2 Safety and motor vehicles and traffic, respectively, so as to c hange the name of the Motor3 Carrier Compliance Division of the Department of Public Safety to Commercial Vehicle4 Enforcement; to require law enforcement officers within such division be trained, sworn, and5 certified; to provide for conforming changes; to provide for re lated matters; to repeal6 conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Article 5 of Chapter 2 of Title 35 of the Official Code of Geor gia Annotated, relating to10 Motor Carrier Compliance Division of the Department of Public S afety, is amended by11 revising Code Section 35-2-100, relating to creation and member s designated as law12 enforcement officers, as follows:13 "35-2-100.14 There shall be created and established a division of the Department of Public Safety to be15 known as the Motor Carrier Compliance Division Commercial Vehicle Enforcement, and16 H. B. 116 - 1 - 25 LC 39 4485/AP within the division shall be cr eated a section to be known as t he Motor Carrier17 Regulatory Compliance Enforcement Section. Except as provided in Code Section18 35-2-102, the members of the Motor Carrier Compliance Enforcement Section Commercial19 Vehicle Enforcement shall be known, and designated, trained, sworn, and certified as 'law20 enforcement officers.'"21 SECTION 2.22 Said article is further amended in Code Section 35-2-101, relating to jurisdiction, duties and23 powers, and use of dogs to detect controlled substances, by rev ising subsection (a), the24 introductory language of subsection (b), and subsection (d) as follows:25 "(a) The Motor Carrier Compliance Enforcement Section Commercial Vehicle26 Enforcement division of the department shall have jurisdiction throughout this state with27 such duties and powers as are prescribed by law.28 (b) The primary duties of the division of Commercial Vehicle Enforcement Motor Carrier29 Compliance Enforcement Section shall be as follows:"30 "(d) The commissioner shall authorize law enforcement officers of the Motor Carrier31 Compliance Enforcement Section Commercial Vehicle Enforcement to make use of dogs32 trained for the purpose of detection of drugs and controlled substances while such officers33 are engaged in the performance of their authorized duties. If such authorized use of such34 a dog indicates probable cause to indicate the presence of contraband, the officer or officers35 shall in those circumstances have the full authority of peace o fficers to enforce the36 provisions of Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,'37 and Article 3 of Chapter 13 of Title 16, the 'Dangerous Drug Act'; provided, however, that38 the department must immediately notify the local law enforcemen t agency and district39 attorney of the jurisdiction where a seizure is made."40 H. B. 116 - 2 - 25 LC 39 4485/AP SECTION 3.41 Said article is further amended by revising Code Section 35-2-1 02, relating to weight42 inspector positions, training, powers and responsibilities, and presence of certified peace43 officer, as follows:44 "35-2-102.45 (a) The commissioner is authori zed to establish a position to be known as 'weight46 inspector' within the Motor Carrier Compliance Enforcement Section of the Department47 of Public Safety Commercial Vehicle Enforcement division of the department . Weight48 inspectors shall be assigned to fixed scales facilities and shall not be authorized to operate49 outside such facilities. The number of such positions shall be determined by the50 commissioner within the limits set by available appropriations. Weight inspectors may be51 divided into such ranks as the commissioner deems appropriate.52 (b) The commissioner shall ensure that a weight inspector is p roperly trained regarding53 laws governing commercial motor vehicle weight, registration, size, and load, including,54 but not limited to, commercial motor vehicle provisions in Arti cle 2 of Chapter 6 of55 Title 32 and safety standards for commercial motor vehicles and such motor vehicle56 components. The training required in the areas required by thi s subsection shall be57 equivalent to training provided to certified officers in the Mo tor Carrier Compliance58 Enforcement Section Commercial Vehicle Enforcement.59 (c) A weight inspector, at the a fixed scales facility, shall be authorized to:60 (1) Enforce noncriminal provisions relating to commercial moto r vehicle weight,61 registration, size, and load and assess a civil penalty for a violation of such provisions;62 and63 (2) Detain a commercial motor vehicle that:64 (A) Has a safety defect which is critical to the continued safe operation of the vehicle;65 (B) Is being operated in violation of any criminal law; or66 H. B. 116 - 3 - 25 LC 39 4485/AP (C) Is being operated in violation of an out-of-service order as reported on the federal67 Safety and Fitness Electronic Records data base.68 The detention authorized by this paragraph shall be for the pur pose of contacting a69 certified member of the Motor Carrier Compliance Enforcement Section or Commercial70 Vehicle Enforcement or the Georgia State Patrol. A certified officer shall report to the71 scene of a detained vehicle and take any further action deemed appropriate, including72 completing the inspection and investigation, making an arrest, or bringing criminal or73 civil charges.74 (d) At all times while a weight inspector is on duty, there sh all be a supervisor over the75 weight inspector also on duty who shall be a certified peace officer."76 SECTION 4.77 Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is78 amended by revising Code Section 40-1-52, relating to establish ment of Motor Carrier79 Compliance Division, as follows:80 "40-1-52.81 There is created and established a division within the Departme nt of Public Safety to be82 known as the Motor Carrier Compliance Division Commercial Vehicle Enforcement which83 shall include a section designated the Regulatory Compliance Section. Except as provided84 in Chapter 2 of Title 35, the sworn members of the Motor Carrier Compliance Division85 Commercial Vehicle Enforcement shall be known and designated as law enforcement86 officers. The Regulatory Compliance Section shall be responsible for the regulation of the87 operation of motor carriers and limousine carriers in accordanc e with this article, Code88 Section 40-1-8, and Article 2 of this chapter."89 H. B. 116 - 4 - 25 LC 39 4485/AP SECTION 5.90 Said title is further amended by revising Code Section 40-2-82, relating to license plates for91 Department of Public Safety vehicles operated by Georgia State Patrol or Motor Carrier92 Compliance Division, as follows:93 "40-2-82.94 The commissioner of public safety shall be issued distinctive license plates to be used on95 motor vehicles assigned to the Department of Public Safety and operated by troopers of the96 Georgia State Patrol or law enforcement officers of the Motor Carrier Compliance Division97 Commercial Vehicle Enforcement. The distinctive plates shall be issued free of charge in98 accordance with procedures agreed upon by the commissioner of public safety and the state99 revenue commissioner. License plates issued pursuant to this C ode section need not100 contain a place for the county name decal and no county name decal need be affixed to a101 license plate issued pursuant to this Code section."102 SECTION 6.103 All laws and parts of laws in conflict with this Act are repealed.104 H. B. 116 - 5 -