HB 590: Professions and businesses; regulation of trailer manufacturers; provide

House Bill 590

By: Representatives Ford of the 170th, Burchett of the 176th, Corbett of the 174th, McDonald III of the 26th, Wiedower of the 121st, and others

A BILL TO BE ENTITLED

AN ACT

To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the regulation of trailer manufacturers; to establish the State Board of Trailer Manufacturers; to provide for membership, meetings, and duties of such board; to provide for the issuance of licenses to manufacture trailers within this state; to provide for application and licensing requirements; to require maintenance of certain records; to provide for inspections; to authorize the suspension and revocation of such licenses; to provide for the power to enjoin unlawful activity; to provide for a penalty; to provide for punishment; to provide for timing for compliance; to provide for legislative purpose; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding a new chapter to read as follows:

"CHAPTER 45A

43-45A-1.

This chapter is enacted in the exercise of the police powers of the state. Its purposes generally are to protect the public health, welfare, and safety by providing for the regulation of the manufacture of trailers in this state and sold for use upon public roadways.

43-45A-2.

As used in this chapter, the term:

(1) 'Board' means the State Board of Trailer Manufacturers.

(2) 'Established place of business' means a building at which a permanent business of constructing or assembling trailers is carried on.

(3) 'License' means any license issued to a manufacturer by the board or division director on behalf of the board under this chapter.

(4) 'Manufacturer' means any person engaged in the business of constructing or assembling a trailer.

(5) 'Person' means any individual, partnership, limited liability company, firm, association, corporation, or combination of individuals of whatever form or character.

(6) 'Trailer' means a vehicle with or without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.

43-45A-3.

(a) There is established the State Board of Trailer Manufacturers, which shall administer and enforce this chapter. The board shall be composed of nine members as follows:

(1) Three members who shall have no less than five years' experience as manufacturers;

(2) Three members who shall be members of the state association of trailer manufacturers;

(3) One member who shall be a resident of this state, be appointed from the public at large, and have no connection whatsoever with the manufacture of trailers;

(4) The commissioner of public safety, or his or her designated agent, who shall be a permanent ex officio member and shall be authorized to vote on all matters before the board; and

(5) The commissioner of driver services, or his or her designated agent, who shall be a permanent ex officio member and shall be authorized to vote on all matters before the board.

(b) Except for members of the board who are state officials, each member of the board shall be appointed by the Governor, and each term of office shall be three years or until a successor has been appointed and qualified. Upon the expiration of each term, the Governor shall appoint a successor as provided in subsection (a) of this Code section. Any vacancy on the board arising from death, resignation, or other cause shall be filled by such appointment for the unexpired term.

(c) The board shall select from among its own number a chairperson and a vice chairperson and shall adopt rules and regulations governing the licensing of applicants and the enforcement of this chapter and such other rules and regulations governing procedure as shall be necessary and proper for the carrying out of the objectives of this chapter.

43-45A-4.

(a) The board shall meet not less than once a year at a place, day, and hour determined by the division director and as many other times per year as deemed necessary. Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.

(b) The division director shall notify each member of the board not less than ten days in advance of the time and place of any meeting of the board.

43-45A-5.

(a) The board shall have the responsibility and duty of administering and enforcing this chapter.

(b) The board shall:

(1) Supervise the issuance of licenses;

(2) License persons who make proper application to the division director and who meet the qualifications of this chapter;

(3) Issue and renew licenses;

(4) Suspend or revoke licenses in the manner provided in this chapter;

(5) Appoint representatives to conduct annual inspections of licensees' manufacturing facilities;

(6) Receive annual reports from licensees relating to annual sales of trailers; and

(7) Make available to the public a copy of this chapter, any amendments thereto, and all adopted rules.

(c) The division director shall be guided by the recommendations of the board in all matters relating to this chapter and shall assist the board in carrying out this chapter.

(d) In the administration and enforcement of this chapter, the board shall have the power to adopt reasonable rules and regulations not inconsistent with this chapter and the Constitution and laws of this state or of the United States for governing its times and places of meetings; for organization and reorganization; for the performance of facility inspections; for governing all other matters requisite to the exercising of its powers; for issuing, suspending, or revoking licenses; and for the transaction of its business under this chapter.

(e) The board may provide, by regulation, for inspections pursuant to Code Section 43-45A-10 and the collection of reports required by Code Section 43-45A-11. The division director may contract with third parties to perform administrative services related to the inspections and reports required by this chapter.

43-45A-6.

(a) The board shall be authorized to require persons seeking renewal of a license issued pursuant to this chapter to complete board approved continuing education or training annually. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations and to designate the number of hours required and the category or categories in which those hours should be earned.

(b) The board shall be authorized to waive the continuing education and training requirement of this Code section in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate.

(c) The board shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section.

43-45A-7.

(a) It shall be unlawful for any person to operate as a manufacturer in this state without first obtaining a license from the board pursuant to this chapter.

(b) No person shall operate as a manufacturer in this state or display a sign or in any way advertise or make representations as a manufacturer in this state unless such person holds an unsuspended, unrevoked license issued by the board.

(c) Duplicate licenses shall be issued by the board or division director on behalf of the board to valid licensees operating more than one established place of business upon the payment of an additional license fee for each established place of business, provided that each such established place of business meets the requirements of this chapter.

43-45A-8.

(a) An application to operate as a manufacturer in this state pursuant to this chapter shall:

(1) Be in writing on a form prescribed by or furnished by the board;

(2) Contain the information required by this chapter; and

(3) Be accompanied by a fee of $150.00.

(b) The board or division director on behalf of the board shall issue or renew a license to operate as a manufacturer upon demonstration by the applicant or licensee that such person:

(1) Maintains an established place of business and demonstrates evidence of minimum liability and property damage insurance for such established place of business in an amount determined by the board;

(2) Maintains insurance for unemployment and accidents arising out of and in the course of employment in an amount determined by the board or in compliance with state or federal laws;

(3) Possesses a National Highway Traffic Safety Administration approved manufacturer identifier issued by the Society of Automotive Engineers;

(4) Has furnished to the United States Department of Transportation the information required pursuant to 49 C.F.R. Section 566.5, as amended;

(5) Demonstrates that the established place of business meets all local and state building code requirements; and

(6) When for renewal of a license, has successfully completed the continuing education and training requirements established by the board pursuant to Code Section 43-45A-6 and paid the annual licensing fee required by Code Section 43-45A-10.

43-45A-9.

(a) All licenses issued by the board pursuant to this chapter shall expire one year from the date issued but may be renewed annually upon proper application. Each license required by this chapter shall be conspicuously posted at each established place of business at all times as may be required by regulations established by the board.

(b) A person whose license has been suspended or revoked or that has been refused a license by the board may make a request in writing for a hearing before the board. Upon receipt of such request for hearing in proper form, the board shall schedule a hearing within a reasonable time, but not later than 30 days. Such hearing and any appeal shall be conducted in accordance with the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

43-45A-10.

(a) Every person required to be licensed under this chapter shall, as a condition of licensure, be deemed to have granted authority and permission to the board, to a designee of the board, or to any peace officer to inspect any record required to be kept pursuant to Code Section 43-45A-11 at an established place of business or the premises where trailer manufacturing is conducted at any reasonable time during the day or night during reasonable business hours.

(b) Every person licensed under this chapter shall remit an annual licensing fee of $1,500.00 to the board which shall be deposited in the general fund of the state treasury.

43-45A-11.

(a) Every licensee shall retain the following records for a period of five years:

(1) The vehicle identification number of each trailer produced; and

(2) Sales records containing the date and name of purchaser.

(b) By December 31 of each year, every licensee shall submit to the board a list of the vehicle identification numbers for each trailer sold or transferred that year.

43-45A-12.

(a)(1) The board shall have the power to bring an action to enjoin any person that, without being licensed by the board, manufactures trailers in this state. The action shall be filed in the county in which such person resides or maintains an office or in the county in which the established place of business is located. If it appears that the person is manufacturing trailers in this state without a license issued by the board, then such person shall be enjoined from manufacturing trailers without a valid license throughout the state. It is declared that such unlicensed activities are a menace and a nuisance and are dangerous to the public health, safety, and welfare; and, therefore, it shall not be necessary, in order to obtain relief, as provided in this paragraph, for the board to allege or prove that there is no adequate remedy at law.

(2) Any person who manufactures trailers in this state without a license shall have committed the offense of unlawful trailer manufacturing and, upon conviction thereof, shall be guilty of a misdemeanor.

(b) Except as otherwise provided for in subsection (a) of this Code section, any licensee determined to be in violation of the requirements of this chapter shall, upon written notice thereof from the board, remedy such violation within 90 days. The license of any licensee that continues to violate the provisions of this chapter after such 90 days shall be suspended for one year."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.