Sen Floor Amend 1 AM 39 0461 to HB 551

ADOPTED Senators McLaurin of the 14th, Albers of the 56th, Cowsert of the 46th, Kirkpatrick of the 32nd, Summers of the 13th, and others offered the following amendment #1: Amend the Senate Committee on Transportation substitute to HB 551 (LC 39 4771S) by inserting between "business;" and "to" on line 14: to amend Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to property, so as to authorize the regulation of motor vehicle immobilization operators by the Department of Public Safety; to limit the immobilization of trespassing vehicles to jurisdictions that have authorized such activity by ordinance or resolution; to provide for fees; to provide for notice requirements; to provide for licenses; to remove authority to impose a civil penalty; By inserting the following between lines 351 and 352: Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to property, is amended in Code Section 44-1-13, relating to removal of improperly parked cars or trespassing personal property, concurrent jurisdiction, procedure, automatic surveillance prohibited, and penalty, by adding a new paragraph to subsection (a) and revising subsections (a.1), (b), and (f) as follows: "(1.1) 'Immobilization device' means any mechanical device designed or used to be attached to a wheel, tire, or other part of a parked motor vehicle so as to prohibit the motor vehicle's usual manner of movement or operation." "(a.1) Any person or his or her authorized agent entitled to the possession of any private property shall have the right to remove or cause to be removed from the property or immobilize or cause to be immobilized any vehicle or trespassing personal property trespassing thereon which is not authorized to be at the place where it is found and to store or cause to be stored such trespassing vehicle or trespassing personal property, provided that there shall have been conspicuously posted on the private property notice that any trespassing vehicle or trespassing personal property which is not authorized to be at the place where it is found may be immobilized or removed at the expense of the owner of the trespassing vehicle or trespassing personal property. Such notice shall also include information as to the contact information for removal of an immobilization device, the full legal names of the company conducting the immobilization and the property owner where the immobilization occurred, the fee amount for removal of an immobilization device, location where the removed vehicle or personal property can be recovered, the cost of said recovery, and information as to the form of payment; provided, however, that the owner of residential private property containing not more than four residential units shall not be required to comply with the posting requirements of this subsection. Only towing and storage firms issued permits or licenses by the local governing authority of the jurisdiction in which they operate or by the department, and having a secure impoundment facility, shall be permitted to remove trespassing property and trespassing vehicles and personal property at the request of the owner or authorized agent of the private property. Only persons issued a permit by the department and operating in a jurisdiction which has authorized the immobilization of trespassing vehicles by ordinance or resolution of the governing authority shall be authorized to place an immobilization device upon a trespassing vehicle. (b)(1) The department shall have the authorization to regulate and control the immobilization and towing of trespassing vehicles on private property if such immobilization or towing is performed without the prior consent or authorization of the owner or operator of the vehicle, including the authority to set just and reasonable rates, fares, and charges for services related to the immobilization, removal, storage, and required notification to owners of such towed vehicles. No storage fees shall be charged for the first 24 hour period which begins at the time the vehicle is removed from the property, and no such. No fees shall be allowed for the immobilization or removal and storage of vehicles removed by towing and storage firms by persons found to be in violation of this Code section. The department is authorized to impose a civil penalty for any violation of this Code section in an amount not to exceed $2,500.00. (2) In accordance with subsection (d) of this Code section, the governing authority of a municipality may require towing and storage operators firms to charge lower maximum rates on traffic moving between points within such municipality than those provided by the department's maximum rate tariff and may require higher public liability insurance limits and cargo insurance limits than those required by the department. The governing authority of a municipality shall not provide for higher maximum costs of immobilization, removal, relocation, or storage than is provided for by the department." "(f) It shall be unlawful and punishable by a fine of $1,000.00 for any immobilization device operator or towing and storage firm, permitted or unpermitted, licensed or unlicensed, to enter into any agreement with any person in possession of private property to provide automatic or systematic surveillance of such property for purposes of immobilization or removal and relocation of any such trespassing vehicle or trespassing personal property except upon call by such person in possession of such private property to such immobilization device operator or towing and storage firm for each individual case of trespass; provided, further, that it shall be unlawful and punishable by a fine of $1,000.00 for any towing and storage firm person to pay to any private property owner or one in possession of private property any fee or emolument, directly or indirectly, for the right to immobilize or remove a trespassing vehicle or trespassing personal property from said private property." SECTION 10. By renumbering Sections 10 and 11 accordingly.