SB569: SB569 Motor Vehicles and Traffic; the issuance of emergency vehicle light permits for towing service companies in certain instances; provide

26 LC 39 5066S Senate Bill 569 By: Senators Strickland of the 42nd, Robertson of the 29th, Jones of the 10th, Summers of the 13th, Mallow of the 2nd and others AS PASSED A BILL TO BE ENTITLED AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and1 traffic, so as to provide for the issuance of emergency vehicle light permits for towing service2 companies in certain instances; to provide for the establishmen t of a towed motor vehicle3 database by the Department of Revenue or an authorized third party; to provide for the use4 of such database to satisfy notice requirements for liens upon motor vehicles in certain5 instances; to allow for re-impoundment of motor vehicles upon failing to comply with notice6 requirements; to provide for certain fees; to provide for defin itions; to provide for related7 matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 PART I10 SECTION 1-1.11 Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is12 amended in Code Section 40-1-1, relating to definitions, by rev ising paragraph (5) as13 follows:14 S. B. 569 - 1 - 26 LC 39 5066S "(5) 'Authorized emergency vehicle' means a motor vehicle belonging to a public utility15 corporation, belonging to a towing service company, or operated by the Department of16 Transportation and designated as an emergency vehicle by the De partment of Public17 Safety; a motor vehicle belonging to a fire department or a cer tified private vehicle18 belonging to a volunteer firefighter or a fire-fighting associa tion, partnership, or19 corporation; an emergency organ transplant vehicle as such term is defined in Code20 Section 31-11-2; an ambulance; or a motor vehicle belonging to a federal, state, or local21 law enforcement agency, provided such vehicle is in use as an emergency vehicle by one22 authorized to use it for that purpose."23 SECTION 1-2.24 Said title is further amended by revising Code Section 40-8-92, relating to designation of25 emergency vehicles, flashing or revolving lights, permits, fee, and use of flashing or26 revolving green lights on public property, as follows:27 "40-8-92.28 (a) The commissioner of public safety shall be authorized to d esignate certain motor29 vehicles as emergency vehicles. The commissioner of public safety shall so designate each30 vehicle by issuing to such vehicle a permit to operate flashing or revolving emergency31 lights of the appropriate color. Such permit shall be valid for five years from the date of32 issuance. Any and all officially marked law enforcement vehicl es as specified in Code33 Section 40-8-91 shall not be required to have a permit for the use of a blue light. Any and34 all fire department vehicles which are distinctly marked on each side shall not be required35 to have a permit for the use of a red light. Any and all motor vehicles which are operated36 for ambulance services, as defined in Code Section 31-11-2, under a valid license from the37 Emergency Health Section of the Department of Public Health shall not be required to have38 a permit for the use of a red light.39 S. B. 569 - 2 - 26 LC 39 5066S (b)(1) The commissioner shall authorize the use of red flashing or revolving lights only40 when the person or governmental agency shall demonstrate to the commissioner a proven41 need for equipping a vehicle with emergency lights.42 (2) When an application for emergency lights has been submitte d by a towing service43 company, such need shall be deemed proven when the towing service company:44 (A) Is a participant in a towing and recovery program with the Department of45 Transportation pursuant to Code Section 32-6-2 or is otherwise authorized by contract46 with a local government to perform towing services or clear roadways; and47 (B) Has completed the minimum safety course requirements adopt ed by the48 commissioner of public safety for such purpose through adoption of rules and49 regulations.50 (3) The fee for such lights a permit issued pursuant to this Code section shall be $2.00,51 provided that no federal, state, county, or municipal governmen tal agency or an52 ambulance provider, as defined in Code Section 31-11-2, shall be required to pay such53 fee.54 (c) Nothing contained in this Code section shall prohibit the commissioner of public safety55 from issuing a single special use permit to cover more than one vehicle, provided each56 vehicle covered under such special use permit shall pay the fee specified in subsection (b)57 of this Code section.58 (d) Except as provided in this subsection, it shall be unlawfu l for any person, firm, or59 corporation to operate any motor vehicle or to park any motor vehicle on public property60 with flashing or revolving green lights. This subsection shall not apply to any motor61 vehicle being used by any law enforcement agency, fire departme nt, emergency62 management agency, or other governmental entity to designate th e location of the63 command post for such agency, department, or entity at the site of an emergency."64 S. B. 569 - 3 - 26 LC 39 5066S SECTION 1-365 Said title is further is amended in Code Section 40-11-13, relating to definitions relative to66 abandoned motor vehicles, by adding a new paragraph to read as follows:67 "(8.1) 'Towed motor vehicle database' means the database established pursuant to Code68 Section 40-11-13.1."69 SECTION 1-4.70 Said title is further amended by adding a new Code section to read as follows:71 "40-11-13.1.72 No later than October 1, 2026, the department shall provide by rule or regulation for the73 establishment of a towed motor vehicle database for purposes of this article. Such database74 shall be developed and functional no later than January 1, 2027, and shall provide for the75 submission of information upon the removal of a motor vehicle and include a feature that76 allows a motor vehicle owner to search for the location of a to wed vehicle by vehicle77 identification number and license plate number. Such database may be operated and78 maintained by a third party that is a nonprofit corporation org anized under Section79 501(c)(6) of Title 26 of the Internal Revenue Code and recogniz ed as a membership80 organization for the towing and storage industry. Such third p arty shall be required to81 possess and maintain a surety bond in an amount of no less than $1 million, demonstrate82 internal controls and provide data security audits by a licensed certified public accountant,83 and maintain all records relating to such database for at least five years."84 S. B. 569 - 4 - 26 LC 39 5066S PART II85 SECTION 2-1.86 Said title is further amended in Code Section 40-11-15, relatin g to removal of vehicle,87 liability, and duty of towing and storage firm when removal at request of law enforcement,88 by revising subsection (d) as follows:89 "(d) A towing and storage firm that has removed an unattended m otor vehicle from90 public property at the request of a peace officer shall, within three days of the removal,91 submit the vehicle identification number and license plate number of the motor vehicle92 to the towed motor vehicle database and request from the department the identification93 and addresses of all owners of such vehicle contained in the records of the department;94 provided, however, that, if such vehicle has an out-of-state license plate, such reques t95 shall be made to the state where the vehicle is registered or t o an entity with access to96 such state's vehicle registration information. The department shall furnish the requested97 owner information no later than five days from the date the request was received. The98 department may charge a fee of no more than $2.00 for such owne r information. For99 purposes of this subsection, an unattended motor vehicle shall include a motor vehicle100 required to be moved due to arrest of the vehicle's operator or any direction of a peace101 officer."102 SECTION 2-2.103 Said title is further amended in Code Section 40-11-16, relating to duty of towing and storage104 firm when removal at request of property owners and obligations of repair facility or salvage105 dealer in possession of vehicle, by revising paragraph (1) of subsection (a) as follows:106 "(a)(1) Any towing and storage firm which has removed an unatte nded motor vehicle107 from private property at the request of the property owner shall, within three days of the108 removal, submit the vehicle identification number and license plate number of the motor109 S. B. 569 - 5 - 26 LC 39 5066S vehicle to the towed motor vehicle database and request from the department the110 identification and addresses of all owners of such vehicle contained in the records of the111 department; provided, however, that, if such vehicle has an out-of-state license plate, such112 request shall be made to the state where the vehicle is registe red or to an entity with113 access to such state's vehicle registration information. The department shall furnish the114 requested owner information no later than five days from the da t e t h e r e q u e s t w a s115 received. The department may charge a fee of no more than $2.0 0 for such owner116 information."117 SECTION 2-3.118 Said title is further amended in Code Section 40-11-19, relatin g to notification letter to119 owners, advertisement, lien upon vehicle, recoverable fees, form disclaiming ownership, and120 demand letter, by revising subsection (a) and adding a new subsection to read as follows:121 "(a)(1) Within 15 calendar seven days of removal or initial storage of a motor vehicle,122 a towing and storage firm shall send all owners the notification letter form developed by123 the Council of Magistrate Court Judges for such purpose. Such notification shall be by124 certified mail or by hand delivery with acknowledgment of such receipt by signature of125 the owner and a copy of such owner's driver's license. Such no tification letter shall126 include, at a minimum:127 (A) The location of the vehicle;128 (B) The fees connected with the removal of the vehicle, which shall be the maximum129 allowable charge for the removal of the motor vehicle as set forth by rule and regulation130 of the Department of Public Safety for maximum state-wide rate tariffs or the rate131 specified pursuant to an agreement with a local governing autho rity, except when132 otherwise exempted or provided for by federal law, rule, or regulation;133 (C) The daily fees for storage of the vehicle, which shall be the maximum allowable134 daily rate for the storage of the motor vehicle as set forth by rule and regulation of the135 S. B. 569 - 6 - 26 LC 39 5066S Department of Public Safety for maximum state-wide rate tariffs or the rate specified136 pursuant to an agreement with a local governing authority;137 (D) A statement informing the recipient that daily fees will accrue until full payment138 has been made;139 (E) A statement informing the recipient that the fees which are recoverable by a towing140 and storage firm include costs for obtaining the owner's information and notifying the141 owner, court filing costs, attorney's fees, and interest;142 (F) A statement informing the recipient that the towing and storage firm has the right143 to petition a court to foreclose a lien for all amounts owed after ten calendar days from144 the date such notice is sent;145 (G) A statement informing the recipient that a court may order the sale of the vehicle146 to satisfy the debt; and147 (H) A form to disclaim ownership interest in the motor vehicle by oath or affirmation148 as set forth in Code Section 40-11-19.5.149 (2) If the identity of the owner cannot be ascertained by the department or the department150 fails to timely furnish the owner information requested pursuan t to Code Section151 40-11-15 or 40-11-16, the towing and storage firm shall, within 60 days of such removal,152 place an advertisement in a newspaper of general circulation or the legal organ in the153 county where such vehicle was obtained. Any advertisement required by this paragraph154 shall run in the newspaper once a week for two consecutive weeks. The advertisement155 shall be in the form provided by the Council of Magistrate Court Judges for such purpose. 156 Such advertisement form shall include a space for describing th e motor vehicle's year,157 make, model, and manufacturer's vehicle identification number, the present location of158 such vehicle, the fact that such vehicle is subject to a lien which can be foreclosed upon,159 and the fact that such vehicle may be ordered sold to satisfy such lien evidence that the160 towing and storage firm timely entered the vehicle identification number and license plate161 S. B. 569 - 7 - 26 LC 39 5066S number in the towed motor vehicle database shall be deemed suff icient notice for162 purposes of this article.163 (3) If the identity of an owner which was previously not ascer tained becomes known164 while an advertisement is run pursuant to paragraph (2) of this subsection, the towing and165 storage firm shall send a notification letter pursuant to the same requirements set forth in166 paragraph (1) of this subsection within ten days of obtaining such information."167 "(g) If a towing and storage firm, repair facility, or salvage dealer fails to comply with the168 notice requirements in this Code section, the motor vehicle may be re-impounded to permit169 compliance. Any daily storage fees incurred prior to the date of such re-impoundment shall170 be waived and not recoverable."171 SECTION 2-4.172 Said title is further amended by revising Code Section 40-11-19 .1, relating to petition to173 foreclose a lien on motor vehicle, answer, motion for judgment, timing, and fees, as follows:174 "40-11-19.1.175 (a) Not sooner than ten calendar days and not later than six months after compliance with176 the notice requirements set forth in Code Section 40-11-19, a t owing and storage firm,177 repair facility, or salvage dealer may file an action for a petition to foreclose a lien against178 the motor vehicle in any magistrate court in the county where the motor vehicle is located. 179 An action filed pursuant to this Code section shall be on a form provided by the Council180 of Magistrate Court Judges for such purpose and shall be accompanied by a filing fee of181 no more than $11.00. Any person bringing such action shall include with such form a copy182 of the owner information obtained pursuant to the request requi red by Code183 Section 40-11-15 or 40-11-16 and proof of compliance with the n otice requirements set184 forth in Code Section 40-11-19. The petition to foreclose a lien shall be verified by oath185 or affirmation by the towing and storage firm, repair facility, or salvage dealer in a manner186 consistent with Article 5 of Chapter 10 of Title 9.187 S. B. 569 - 8 - 26 LC 39 5066S (b)(1) The party bringing such action shall send a copy of the oath or affirmation page188 of the filed petition to any person known to be an owner of the motor vehicle by certified189 mail or statutory overnight delivery, return receipt requested . The court shall accept190 electronic documentation as proof that such copy of the filed p etition was sent and191 delivered in accordance with the requirements of this subsection. Inclu ded in such192 mailing shall be a copy of a standardized answer form provided by the Council of193 Magistrate Court Judges for such purpose. Such form shall require oath or affirmation194 of the respondent and shall include space to set forth:195 (A) The name of the owner;196 (B) The address at which the owner resides;197 (C) A description of the motor vehicle, including the license plate number and the198 model, make, and year of the vehicle;199 (D) A description of the date the owner obtained an interest in the motor vehicle;200 (E) A brief statement as to why removal of the vehicle was unauthorized, if applicable;201 (F) Any other brief statement as to why the lien claimed by th e towing and storage202 firm, repair facility, or salvage dealer is invalid;203 (G) A copy of any documentation in the owner's possession supp orting his or her204 answer; and205 (H) Any additional facts supporting the owner's answer or as to why the lien should not206 be foreclosed upon.207 (2) If notice required under Code Section 40-11-19 was satisfi ed by advertisement, or208 the signed proof of receipt of a copy of the petition required to be sent under209 paragraph (1) of this subsection has not been returned after ten days of such mailing or210 has been returned as unclaimed, the party filing the petition shall, within 60 days, place211 an advertisement in a newspaper of general circulation or the l egal organ where such212 action has been filed. No such advertisement shall be required if the return receipt213 required as proof of delivery has been returned with a notation that the notice of the filing214 S. B. 569 - 9 - 26 LC 39 5066S of the petition has been refused. Such notice shall run in the newspaper once a week for215 two consecutive weeks. Such notice shall include instructions for how an owner may216 obtain the standardized answer form described in this subsection and shall be deemed as217 notice to any and all persons having an interest in or right affected by such petition and218 from any sale of the motor vehicle resulting therefrom.219 (3)(2) If the identity of an owner which was previously not ascertained becomes known220 while an advertisement is run pursuant to paragraph (2) of this subsection, the party filing221 a petition to foreclose shall send a copy of the filed petition pursuant to the same222 requirements set forth in paragraph (1) of this subsection with in ten days of obtaining223 such information.224 (c) An owner may file an answer to the petition no later than ten 30 calendar days after225 receipt notice was sent pursuant to subsection (b) of this Code sectio n by using the226 standardized answer form provided. If service is made by adver tisement pursuant to227 paragraph (2) of subsection (b) of this Code section, an owner may file an answer no later228 than ten days after the expiration of the required two-week advertisement.229 (d) If no answer has been filed at the expiration of the period set forth in subsection (c) of230 this Code section, the towing and storage firm, repair facility, or salvage dealer may seek231 to foreclose the lien through a judgment as provided in Code Section 15-10-43 by making232 such request in writing and submitting to the court proof of se rvice as set forth in233 compliance with subsection (b) of this Code section. Unless providentially hi ndered, it234 shall be the duty of the judge to decide all motions for judgment submitted pursuant to this235 subsection no later than 15 days from when such motion has been made. When a judgment236 is granted, the motor vehicle shall be considered abandoned and within five days the court237 shall issue an order for the disposition of the motor vehicle a s provided for in Code238 Section 40-11-19.2. A certified copy of such order shall be is sued by the clerk of court. 239 A fee of no more than $14.00 may be charged for a certified cop y of such order, which240 shall be issued by the clerk of court. If no answer has been filed but the court finds that a241 S. B. 569 - 10 - 26 LC 39 5066S petition fails to comply with the requirements of this article, a petition may be refiled for242 such action once within six months of the issuance of denial of a judgment the motor243 vehicle may be re-impounded by a towing and storage firm, repai r facility, or salvage244 dealer to permit compliance. Any daily storage fees incurred p rior to the date of such245 re-impoundment shall be waived and not recoverable.246 (e)(1) If an answer is returned to the court, a trial shall be held within ten days after247 receipt of such answer; provided, however, that such trial may be continued by the court248 for good cause shown by either party.249 (2) At the trial, the court shall hear evidence of and determine whether the removal of250 the vehicle was lawful, whether the lien amount is based upon r ecoverable fees as set251 forth in subsection (d) of Code Section 40-11-19, and whether notice to all owners was252 proper, and shall hear any other facts pertinent to the case to reach a decision on253 foreclosure of the lien. The court may hear evidence of and ma ke a determination on254 whether storage fees should accrue after the filing date of the petition. Upon conclusion255 of the trial, the court shall issue a decision on whether to fo reclose the lien for the256 recoverable fees set forth in subsection (d) of Code Section 40-11-19 and, if foreclosure257 is granted, the court shall order the disposition of the motor vehicle as provided for in258 Code Section 40-11-19.2. A fee of no more than $14.00 may be charged for a certified259 copy of such order which shall be issued by the clerk of court."260 PART III261 SECTION 3-1.262 (a) Except as provided for in subsection (b) of this section, this Act shall become effective263 on July 1, 2026.264 (b) Part II of this Act shall become effective on January 1, 2028.265 S. B. 569 - 11 - 26 LC 39 5066S SECTION 3-2.266 All laws and parts of laws in conflict with this Act are repealed.267 S. B. 569 - 12 -