Bill Text: GA SB373 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Counties; provide authority; operate vehicle for hire equipped to transport passengers in wheelchair throughout the state

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Engrossed - Dead) 2012-03-22 - House Committee Favorably Reported [SB373 Detail]

Download: Georgia-2011-SB373-Introduced.html

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12 LC 39 0075

Senate Bill 373

By: Senators Mullis of the 53rd, Jackson of the 24th, Unterman of the 45th, Hill of the 32nd, Stoner of the 6th and others

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 36-60-25 of the Official Code of Georgia Annotated, relating to certificates of public necessity and convenience and medallions for vehicles for hire, so as to provide for authority to operate vehicles for hire equipped to transport passengers in wheelchairs throughout the state; to provide for an exemption from public necessity and convenience and medallions requirements for vehicles for hire equipped to transport passengers in wheelchairs; to provide for the authority of county and municipal corporations to create distinctive decals to identify vehicles for hire equipped to transport passengers in wheelchairs; to provide for requirements for classification as a vehicle for hire equipped to transport passengers in wheelchairs; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 36-60-25 of the Official Code of Georgia Annotated, relating to certificates of public necessity and convenience and medallions for taxicabs, is amended as follows:

"36-60-25.

(a) Each county and municipal corporation may require the owner or operator of a taxicab or vehicle for hire to obtain a certificate of public necessity and convenience or medallion in order to operate such taxicab or vehicle for hire within the unincorporated areas of the county or within the corporate limits of the municipal corporation, respectively, and may exercise its authority under Code Section 48-13-9 to require such owners or operators to pay a regulatory fee to the county or municipal corporation. The General Assembly finds and declares that any county or municipality exercising the powers granted in this Code section is legitimately concerned with the qualifications and records of drivers of taxicabs and other vehicles for hire; with the location, accessibility, and insured state of companies operating taxicabs and other vehicles for hire; and with the safety and comfort of taxicabs and other vehicles for hire. Without limitation, each such county or municipality may exercise the powers granted in this Code section by ordinance to the same extent as the ordinances reviewed by the Georgia Court of Appeals in the case of Hadley v. City of Atlanta, 232 Ga. App. 871, 875 (1998), and each certificate of public convenience and necessity issued under those ordinances shall remain in full force and effect.

(b) Each certificate of public necessity and convenience or medallion issued at any time by a county or municipal corporation shall be fully transferable pursuant to a purchase, gift, bequest, or acquisition of the stock or assets of a corporation to any person otherwise meeting the requirements of the applicable local ordinance. Each such certificate of public necessity and convenience or medallion may be used as collateral to secure a loan and each lending institution making such a loan shall have all rights of secured parties with respect to such loan.

(c)(1) The owner or operator of a vehicle for hire equipped to provide services to individuals utilizing wheelchairs shall be authorized to operate in any county or municipal corporation so long as such vehicle is regulated under subsection (a) of this Code section by at least one county or municipality.

(2) A county or municipal corporation that requires a certificate of public necessity and convenience or medallion may issue a distinctive decal or other marking for display on vehicles for hire equipped to provide services to individuals utilizing wheelchairs to identify the county or municipal corporation exercising regulatory authority over such vehicle.

(3) For the purposes of this subsection, vehicles equipped to provide services to individuals utilizing wheelchairs shall be equipped with wheelchair lifts or fold out ramps."

SECTION 2.

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