Georgia 2025-2026 Regular Session

Georgia House Bill HB116 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 LC 39 4485~~/AP~~
2		-	House Bill 116 ~~(AS PASSED HOUSE AND SENATE)~~
	1	+	25 LC 39 4485
	2	+	House Bill 116
3	3		By: Representatives McDonald III of the 26
4	4		th
5	5		, Crowe of the 118
6	6		th
7	7		, Hitchens of the 161
8	8		st
9	9		,
10	10		Lumsden of the 12
11	11		th
12	12		, and Barrett of the 24
13	13		th
14	14
15	15		A BILL TO BE ENTITLED
16	16		AN ACT
17	17		To amend Article 5 of Chapter 2 of Title 35 and Title 40 of the Official Code of Georgia
18	18		1
19	19		Annotated, relating to Motor Carrier Compliance Division of the Department of Public2
20	20		Safety and motor vehicles and traffic, respectively, so as to change the name of the Motor3
21	21		Carrier Compliance Division of the Department of Public Safety to Commercial Vehicle4
22	22		Enforcement; to require law enforcement officers within such division be trained, sworn, and5
23	23		certified; to provide for conforming changes; to provide for related matters; to repeal6
24	24		conflicting laws; and for other purposes.7
25	25		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
26	26		SECTION 1.9
27	27		Article 5 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to10
28	28		Motor Carrier Compliance Division of the Department of Public Safety, is amended by11
29	29		revising Code Section 35-2-100, relating to creation and members designated as law12
30	30		enforcement officers, as follows:13
31	31		"35-2-100.14
32	32		There shall be created and established a division of the Department of Public Safety to be15
33	33		known as the Motor Carrier Compliance Division
34	34		Commercial Vehicle Enforcement, and16
35	35		H. B. 116
36		-	- 1 - 25 LC 39 4485~~/AP~~
	36	+	- 1 - 25 LC 39 4485
37	37		within the division shall be created a section to be known as the Motor Carrier17
38	38		Regulatory Compliance Enforcement Section. Except as provided in Code Section18
39	39		35-2-102, the members of the Motor Carrier Compliance Enforcement Section Commercial19
40	40		Vehicle Enforcement shall be known, and designated, trained, sworn, and certified as 'law20
41	41		enforcement officers.'"21
42	42		SECTION 2.22
43	43		Said article is further amended in Code Section 35-2-101, relating to jurisdiction, duties and23
44	44		powers, and use of dogs to detect controlled substances, by revising subsection (a), the24
45	45		introductory language of subsection (b), and subsection (d) as follows:25
46	46		"(a) The Motor Carrier Compliance Enforcement Section Commercial Vehicle26
47	47		Enforcement division of the department shall have jurisdiction throughout this state with27
48	48		such duties and powers as are prescribed by law.28
49	49		(b) The primary duties of the division of Commercial Vehicle Enforcement Motor Carrier29
50	50		Compliance Enforcement Section shall be as follows:"30
51	51		"(d) The commissioner shall authorize law enforcement officers of the Motor Carrier31
52	52		Compliance Enforcement Section Commercial Vehicle Enforcement to make use of dogs32
53	53		trained for the purpose of detection of drugs and controlled substances while such officers33
54	54		are engaged in the performance of their authorized duties. If such authorized use of such34
55	55		a dog indicates probable cause to indicate the presence of contraband, the officer or officers35
56	56		shall in those circumstances have the full authority of peace officers to enforce the36
57	57		provisions of Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,'37
58	58		and Article 3 of Chapter 13 of Title 16, the 'Dangerous Drug Act'; provided, however, that38
59	59		the department must immediately notify the local law enforcement agency and district39
60	60		attorney of the jurisdiction where a seizure is made."40
61	61		H. B. 116
62		-	- 2 - 25 LC 39 4485~~/AP~~
	62	+	- 2 - 25 LC 39 4485
63	63		SECTION 3.
64	64		41
65	65		Said article is further amended by revising Code Section 35-2-102, relating to weight42
66	66		inspector positions, training, powers and responsibilities, and presence of certified peace43
67	67		officer, as follows:44
68	68		"35-2-102.45
69	69		(a) The commissioner is authorized to establish a position to be known as 'weight46
70	70		inspector' within the Motor Carrier Compliance Enforcement Section of the Department
71	71		47
72	72		of Public Safety Commercial Vehicle Enforcement division of the department. Weight48
73	73		inspectors shall be assigned to fixed scales facilities and shall not be authorized to operate49
74	74		outside such facilities. The number of such positions shall be determined by the50
75	75		commissioner within the limits set by available appropriations. Weight inspectors may be51
76	76		divided into such ranks as the commissioner deems appropriate.52
77	77		(b) The commissioner shall ensure that a weight inspector is properly trained regarding53
78	78		laws governing commercial motor vehicle weight, registration, size, and load, including,54
79	79		but not limited to, commercial motor vehicle provisions in Article 2 of Chapter 6 of55
80	80		Title 32 and safety standards for commercial motor vehicles and such motor vehicle56
81	81		components. The training required in the areas required by this subsection shall be57
82	82		equivalent to training provided to certified officers in the Motor Carrier Compliance58
83	83		Enforcement Section Commercial Vehicle Enforcement.59
84	84		(c) A weight inspector, at the a fixed scales facility, shall be authorized to:60
85	85		(1) Enforce noncriminal provisions relating to commercial motor vehicle weight,61
86	86		registration, size, and load and assess a civil penalty for a violation of such provisions;62
87	87		and63
88	88		(2) Detain a commercial motor vehicle that:64
89	89		(A) Has a safety defect which is critical to the continued safe operation of the vehicle;65
90	90		(B) Is being operated in violation of any criminal law; or66
91	91		H. B. 116
92		-	- 3 - 25 LC 39 4485~~/AP~~
	92	+	- 3 - 25 LC 39 4485
93	93		(C) Is being operated in violation of an out-of-service order as reported on the federal
94	94		67
95	95		Safety and Fitness Electronic Records data base.68
96	96		The detention authorized by this paragraph shall be for the purpose of contacting a69
97	97		certified member of the Motor Carrier Compliance Enforcement Section or
98	98		Commercial70
99	99		Vehicle Enforcement or the Georgia State Patrol. A certified officer shall report to the71
100	100		scene of a detained vehicle and take any further action deemed appropriate, including72
101	101		completing the inspection and investigation, making an arrest, or bringing criminal or73
102	102		civil charges.74
103	103		(d) At all times while a weight inspector is on duty, there shall be a supervisor over the75
104	104		weight inspector also on duty who shall be a certified peace officer."76
105	105		SECTION 4.77
106	106		Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is78
107	107		amended by revising Code Section 40-1-52, relating to establishment of Motor Carrier79
108	108		Compliance Division, as follows:80
109	109		"40-1-52.81
110	110		There is created and established a division within the Department of Public Safety to be82
111	111		known as the Motor Carrier Compliance Division Commercial Vehicle Enforcement which83
112	112		shall include a section designated the Regulatory Compliance Section. Except as provided84
113	113		in Chapter 2 of Title 35, the sworn members of the Motor Carrier Compliance Division85
114	114		Commercial Vehicle Enforcement shall be known and designated as law enforcement86
115	115		officers. The Regulatory Compliance Section shall be responsible for the regulation of the87
116	116		operation of motor carriers and limousine carriers in accordance with this article, Code88
117	117		Section 40-1-8, and Article 2 of this chapter."89
118	118		H. B. 116
119		-	- 4 - 25 LC 39 4485~~/AP~~
	119	+	- 4 - 25 LC 39 4485
120	120		SECTION 5.
121	121		90
122	122		Said title is further amended by revising Code Section 40-2-82, relating to license plates for91
123	123		Department of Public Safety vehicles operated by Georgia State Patrol or Motor Carrier92
124	124		Compliance Division, as follows:93
125	125		"40-2-82.94
126	126		The commissioner of public safety shall be issued distinctive license plates to be used on95
127	127		motor vehicles assigned to the Department of Public Safety and operated by troopers of the96
128	128		Georgia State Patrol or law enforcement officers of the Motor Carrier Compliance Division
129	129		97
130	130		Commercial Vehicle Enforcement. The distinctive plates shall be issued free of charge in98
131	131		accordance with procedures agreed upon by the commissioner of public safety and the state99
132	132		revenue commissioner. License plates issued pursuant to this Code section need not100
133	133		contain a place for the county name decal and no county name decal need be affixed to a101
134	134		license plate issued pursuant to this Code section."102
135	135		SECTION 6.103
136	136		All laws and parts of laws in conflict with this Act are repealed.104
137	137		H. B. 116
138	138		- 5 -