24 LC 39 4170
House Bill 1234
By: Representative Corbett of the 174
th
A BILL TO BE ENTITLED
AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and
1
traffic, so as to provide for conditions, procedures, and limitations for issuance of temporary2
operating permits for motor vehicles; to provide for definitions; to revise provisions relative3
to the operation of an unregistered motor vehicle or vehicle without a current license plate,4
revalidation decal, county decal, or temporary operating permit; to authorize the development5
and maintenance by third parties of an electronic temporary operating permit issuance system6
for issuance of temporary operating permits; to provide for utilization of such system by7
dealers and brokers for issuance of temporary operating permits; to provide for the8
suspension of access to such system by the department for certain violations; to provide for9
notice and hearings; to provide for a limitation upon the number of temporary operating10
permits to be issued by brokers; to provide for issuance of master number broker license11
plates; to provide for standards and limitations upon issuance of such; to provide for12
penalties; to amend Code Section 43-47-8 of the Official Code of Georgia Annotated,13
relating to license applications for used motor vehicle dealers and used motor vehicle parts14
dealers, prerequisites, license fees, renewal, training or test, supplemental licenses, bonds,15
insurance, suspension for conviction or false statement, and meetings, so as to provide for16
issuance or renewal of a license for certain used motor vehicle dealers; to amend Code17
Section 48-5C-1 of the Official Code of Georgia Annotated, relating to alternative ad18
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valorem tax on motor vehicles, so as to provide for enhanced penalty for an owner of a
19
passive entity that fails to pay alternative ad valorem tax; to provide for a definition; to20
provide for an effective date; to provide for related matters; to repeal conflicting laws; and21
for other purposes.22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:23
SECTION 1.24
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is25
amended by revising Code Section 40-2-1, relating to definitions relative to registration and26
licensing of motor vehicles, as follows:27
"40-2-1.28
As used in this chapter, the term:29
(1) 'Broker' means any person who, for a commission or with the intent to make a profit
30
or gain of money or other thing of value, negotiates or attempts to negotiate the sale of31
a motor vehicle on behalf of another.32
(1)(2) 'Cancellation of vehicle registration' means the annulment or termination by33
formal action of the department of a person's vehicle registration because of an error or34
defect in the registration or because the person is no longer entitled to such registration. 35
The cancellation of registration is without prejudice, and application for a new36
registration may be made at any time after such cancellation.37
(2)(3) 'Commissioner' means the state revenue commissioner.38
(4) 'Dealer' means any person who is engaged, in whole or in part, in the business of39
selling, exchanging, renting with an option to purchase, or offering an interest in motor40
vehicles for commission or with intent to make a profit or gain of money or other thing41
of value, whether or not such motor vehicles are owned by such person. Such term shall42
not include a broker.43
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(3)(5) 'Department' means the Department of Revenue.44
(3.1)(6) 'Digital license plate' means a license plate which receives wireless data45
communication to display information electronically.46
(3.2)(7) 'Digital license plate provider' means a person approved by the commissioner47
as a vendor of digital license plate hardware and services to motor vehicle owners48
pursuant to this article.49
(4)(8) 'For-hire intrastate motor carrier' means an entity engaged in the transportation of50
goods or ten or more passengers for compensation wholly within the boundaries of this51
state.52
(5)(9) 'Intrastate motor carrier' means any self-propelled or towed motor vehicle operated53
by an entity that is used on a highway in intrastate commerce to transport passengers or54
property and:55
(A) Has a gross vehicle weight rating, gross combination weight rating, gross vehicle56
weight, or gross combination weight of 4,536 kg (10,001 lbs.) or more, whichever is57
greater;58
(B) Is designed or used to transport more than ten passengers, including the driver, and59
is not used to transport passengers for compensation; or60
(C) Is used to transport material found by the United States Secretary of Transportation61
to be hazardous pursuant to 49 U.S.C. Section 5103 and is transported in any quantity.62
(5.1)(10) 'License plate' means a sign affixed to a motor vehicle which displays a series63
of letters or numbers or both indicating that the vehicle has been registered with this state. 64
Such sign may be in a material made of metal or paper or a device which allows65
information to be presented electronically in a digital format.66
(6)(11) 'Motor carrier' means:67
(A) Any entity subject to the terms of the Unified Carrier Registration Agreement68
pursuant to 49 U.S.C. Section 14504a whether engaged in interstate or intrastate69
commerce, or both; or70
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(B) Any entity defined by the commissioner or commissioner of public safety who
71
operates or controls commercial motor vehicles as defined in 49 C.F.R. Section 390.572
or this chapter whether operated in interstate or intrastate commerce, or both.73
(7)
(12) 'Operating authority' means the registration required by 49 U.S.C. Section 13902,74
49 C.F.R. Part 365, 49 C.F.R. Part 368, and 49 C.F.R. Section 392.9a.75
(8)(13) 'Regulatory compliance inspection' means the examination of facilities, property,76
buildings, vehicles, drivers, employees, cargo, packages, records, books, or supporting77
documentation kept or required to be kept in the normal course of motor carrier business78
or enterprise operations.79
(9)(14) 'Resident' means a person who has a permanent home or domicile in Georgia and80
to which, having been absent, he or she has the intention of returning. For the purposes81
of this chapter, there is a rebuttable presumption that any person who, except for82
infrequent, brief absences, has been present in the state for 30 or more days is a resident.83
(10)(15) 'Revocation of vehicle registration' means the termination by formal action of84
the department of a vehicle registration, which registration shall not be subject to renewal85
or reinstatement, except that an application for a new registration may be presented and86
acted upon by the department after the expiration of the applicable period of time87
prescribed by law.88
(11)(16) 'Suspension of vehicle registration' means the temporary withdrawal by formal89
action of the department of a vehicle registration, which temporary withdrawal shall be90
for a period specifically designated by the department."91
SECTION 2.92
Said title is further amended by revising Code Section 40-2-8, relating to operation of93
unregistered vehicle or vehicle without current license plate, revalidation decal, or county94
decal and temporary operating permit issued by dealers of new or used motor vehicles, as95
follows:96
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"40-2-8.
97
(a) No person shall own, rent, lease, loan, or operate any vehicle required to be registered
98
pursuant to Code Section 40-2-20 upon a highway in this state without registering such99
vehicle. Any person who becomes a resident of this state shall register his or her vehicle100
within 30 days of becoming a resident. Each day that a vehicle is in violation of this Code101
section shall be deemed to be a separate and distinct offense. Any person convicted of such102
offense shall be guilty of a misdemeanor and punished by a fine of $100.00 for each103
violation. Any person owning or operating any vehicle described in Code Section 40-2-20104
on any public highway or street without complying with that Code section shall be guilty105
of a misdemeanor, provided that a person shall register his or her motor vehicle within 30106
days after becoming a resident of this state. Any person renting, leasing, or loaning any107
vehicle described in Code Section 40-2-20 which is being used on any public highway or108
street without complying with that Code section shall be guilty of a misdemeanor and, upon109
conviction thereof, shall be punished by a fine of $100.00 for each violation; and each day110
that such vehicle is operated in violation of Code Section 40-2-20 shall be deemed to be111
a separate and distinct offense.112
(b)(1) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle113
required to be registered in this state pursuant to Code Section 40-2-20 without a valid114
numbered license plate properly validated with a current revalidation decal, unless such115
operation is otherwise permitted under this chapter; and provided, further, that the116
purchaser of a new vehicle or a used vehicle from a broker or dealer of new or used motor117
vehicles who displays a temporary operating permit issued as provided by paragraph (2)118
of this subsection Code Section 40-2-8.1 may operate such vehicle on the public119
highways and streets of this state without a current valid license plate during the period120
within which the purchaser is required by Code Section authorized by Code Sections121
40-2-8.1 and 40-2-20. An owner acquiring a motor vehicle from an entity that is not a122
new or used vehicle broker or dealer shall register such vehicle as provided for in Code123
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Section 40-2-29 unless such vehicle is to be registered under the International
124
Registration Plan pursuant to Article 3A of this chapter.125
(2)(A) Any dealer of new or used motor vehicles shall issue to the purchaser of a
126
vehicle at the time of sale thereof, unless such vehicle is to be registered under the127
International Registration Plan, a temporary operating permit as provided for by128
department rules or regulations which may bear the dealer's name and location and shall129
bear an expiration date 45 days from the date of purchase. The expiration date of such130
a temporary operating permit may be revised and extended by the county tag agent131
upon application by the dealer, the purchaser, or the transferee if an extension of the132
purchaser's initial registration period has been granted as provided by Code133
Section 40-2-20. Such temporary operating permit shall not resemble a license plate134
issued by this state and shall be issued without charge or fee. The requirements of this135
paragraph shall not apply to a dealer whose primary business is the sale of salvage136
motor vehicles and other vehicles on which total loss claims have been paid by insurers.137
(B) All temporary operating permits issued by dealers to purchasers of vehicles shall138
be of a standard design prescribed by regulation promulgated by the department. The139
department may provide by rule or regulation for the sale and distribution of such140
temporary operating permits by third parties in accordance with paragraph (3) of this141
subsection.142
(3) All sellers and distributors of temporary operating permits shall maintain an143
inventory record of temporary operating permits by number and name of the dealer.144
(4)(2) The purchaser and operator of a vehicle shall not be subject to the penalties set145
forth in this Code section during the period allowed for the registration of such vehicle. 146
If the owner of such vehicle presents evidence that such owner has properly applied for147
the registration of such vehicle, but that the license plate or revalidation decal has not148
been delivered to such owner, then the owner shall not be subject to the penalties149
enumerated in this subsection.150
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(c) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle
151
required to be registered in the State of Georgia
this state without a valid county decal152
designating the county where the vehicle was last registered, unless such operation is153
otherwise permitted under this chapter. Any person convicted of such offense shall be154
punished by a fine of $25.00 for a first offense and $100.00 for a second or subsequent155
such offense. However, a A county name decal shall not be required if there is no space156
provided for a county name decal on the current license plate. Any person convicted of a157
violation of this subsection shall be subject to a fine not to exceed $25.00 if that person158
shows to the court having jurisdiction of the offense that the proper revalidation decal had159
been obtained prior to the time of the offense.160
(d) No violation of this Code section shall have occurred upon presentation of evidence161
that the owner had properly applied for the registration of such vehicle, but that the license162
plate or revalidation decal had not been delivered to such owner at the time the uniform163
traffic citation was issued.164
(e) The commissioner is authorized to promulgate rules and regulations necessary to165
effectuate the provisions of this Code section."166
SECTION 3.167
Said title is further amended by revising Code Section 40-2-8.1, relating to operation of168
vehicle without revalidation decal on license plate, as follows:169
"40-2-8.1.170
Notwithstanding Code Section 40-2-8 or any other provision of law, a person who operates171
a vehicle which is required to be registered in this state and which has attached to the rear172
thereof a valid numbered license plate without having the required revalidation decal173
affixed upon that plate, which person is otherwise guilty of a misdemeanor for not having174
such decal affixed to the plate, shall be subject for that offense only to a fine not to exceed175
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$25.00 if that person shows to the court having jurisdiction of the offense that the proper176
revalidation decal had been obtained prior to the time of the offense.177
(a) Any broker or dealer of new or used motor vehicles shall issue a temporary operating178
permit without charge or fee to the purchaser of a vehicle at the time of sale thereof, unless179
such vehicle is to be registered under the International Registration Plan or such broker or180
dealer is one whose primary business is the sale of salvage motor vehicles and other181
vehicles on which total loss claims have been paid by insurers. Such temporary operating182
permit shall be of a standard design prescribed the department; provided, however, that183
such permit shall not resemble a license plate issued by this state. A temporary operating184
permit may bear the name of the broker or dealer and location and shall include an185
expiration date which shall be 45 days from the date of purchase. The expiration date of186
a temporary operating permit may be revised and extended by the county tag agent upon187
application by the broker, dealer, purchaser, or transferee if an extension of the purchaser's188
initial registration period has been granted as provided by Code Section 40-2-20.189
(b)(1) The department may provide by rule or regulation for the sale and distribution of190
temporary operating permits to brokers and dealers by third parties through the191
development and maintenance of an electronic temporary operating permit issuance192
system and establish standards for distribution and issuance of such permits. The193
department may further provide by rule or regulation for standards for authorized access194
to an electronic temporary operating permit issuance system, which may include, but195
shall not be limited to, required criminal background checks for any user of the system. 196
Any third party authorized to distribute and issue temporary operating permits shall197
maintain an inventory record of such permits by number and name of the broker or198
dealer.199
(2)(A) The department shall be authorized to suspend access to the electronic200
temporary operating permit issuance system established pursuant to this Code section201
for any broker or dealer found to have issued temporary operating permits for a vehicle202
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which has not been sold or intended to be registered or otherwise violated requirements203
for issuance of such permits established by rule or regulation of the department after204
issuance of notice of such violation by electronic means and opportunity for informal205
review as set forth in this subparagraph. Any broker or dealer who has received notice206
pursuant to this subsection of an alleged violation and for whom the department intends207
to suspend access to the electronic temporary operating permit issuance system may208
request an informal review of the allegations with the department. The method for209
making such request shall be developed by the department and may be by electronic210
means. Upon receipt of such request for informal review, the department shall, within211
ten business days, schedule an informal conference with such broker or dealer to review212
the suspected violations. Proceedings under this subparagraph shall not be governed213
by any formal procedural requirements and may be conducted in such manner as the214
department may establish by rule or regulation. The department shall consider the215
historical use of the electronic temporary operating permit issuance system by the216
broker or dealer under consideration for access suspension, together with other217
pertinent information which may be available, and shall render a decision regarding218
access to the electronic temporary operating permit issuance system within seven219
business days of the informal conference. Upon a finding that such broker or dealer220
violated the requirements of this Code section or rules and regulations of the221
department, the department shall suspend access to the electronic temporary operating222
permit issuance system for a period of no longer than six months and notify such broker223
or dealer of such decision.224
(B) If the department suspends a broker's or dealer's access to the electronic temporary225
operating permit issuance system established pursuant to this Code section after an226
informal review held pursuant to subparagraph (A) of this paragraph, the suspended227
broker or dealer shall have the right to request a formal hearing to review the228
suspension pursuant to Code Section 40-3-6. At such hearing, the department may229
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present evidence of any instances in which the suspended broker or dealer unlawfully230
issued temporary operating permits or issued fraudulent temporary operating permits. 231
Upon a finding that the suspended broker or dealer is in compliance with the232
requirements of this Code section and only issued temporary operating permits for bona233
fide motor vehicle sales, the department shall provide for the immediate restoration of234
access to the electronic temporary operating permit issuance system for such broker or235
dealer. Upon a finding that the suspended broker or dealer violated the requirements236
of this Code section or rules and regulations of the department, the department shall be237
authorized to extend the term of suspension for a period of up to 24 months. Upon a238
finding that a broker or dealer has unlawfully issued temporary operating permits in239
violation of this chapter or rules and regulations of the department, the department shall240
further be authorized to issue a civil monetary penalty in an amount no greater than241
$100.00 per violation, suspend or revoke the registration issued to a dealer pursuant to242
Code Section 40-2-39, and suspend, confiscate, or limit issuance of any broker or dealer243
plates issued pursuant to Code Section 40-2-38 for a period of up to 24 months. The244
department shall comply with Chapter 13 of Title 50, the 'Georgia Administrative245
Procedure Act,' in relation to the hearing provided for in this subparagraph and the246
suspended broker or dealer shall have the right to appeal any decision of the department247
in accordance with such chapter.248
(c) A broker shall be limited to issuance of 50 temporary operating permits in any one-year249
period; provided, however, that the department may issue more than such quantity upon250
submission of documentation of sales history by the broker in a form approved by the251
department that indicates 40 motor vehicles sold by such broker in the previous calendar252
year. No temporary operating permit shall be issued by a broker unless he or she holds a253
valid driver's license from this state.254
(d) The commissioner is authorized to promulgate rules and regulations necessary to255
effectuate the provisions of this Code section."256
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SECTION 4.
257
Said title is further amended in Code Section 40-2-33, relating to issuance of license plates258
and decals, transfer of registration to a digital license plate, compensation of tag agents, and259
required identification, by revising paragraph (3) of subsection (a) as follows: 260
"(3) At the time of initial application for registration or at any time during the registration261
period, a vehicle owner may file with the county tag agent, on a form or electronic form262
prescribed by the commissioner, a request to have a vehicle license plate duplicated on263
a digital license plate purchased from a digital license plate provider. Such request to the264
county tag agent shall include all applicable registration fees. Upon approving the265
application provided in this paragraph, the commissioner or county tag agent shall furnish266
the digital license plate provider with the appropriate licensing information to be267
displayed upon the digital license plate. In accordance with Code Section 40-2-8
268
40-2-8.1, a 45 day temporary operating permit shall be issued by the commissioner or269
county tag agent to an applicant for a digital license plate until such license plate is270
received by the applicant."271
SECTION 5.272
Said title is further amended in Code Section 40-2-38, relating to registration and licensing273
of manufacturers, distributors, and dealers and issuance of manufacturer, manufacturer274
headquarters, distributor, and dealer plates, by revising paragraph (1) of subsection (a) and275
subsections (c) through (f) as follows:276
"(a)(1) Manufacturers, manufacturer headquarters, distributors, brokers, and dealers277
engaged in the manufacture, sale, or leasing of vehicles required to be registered under278
Code Section 40-2-20 shall register by electronic means with the commissioner, making279
application for a distinguishing dealer's number, specifying the name and make of motor280
vehicle, tractor, or trailer manufactured, sold, or leased by them, upon forms prepared by281
the commissioner for such purposes, and pay therefor a fee of $62.00, which shall282
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accompany such application. Upon payment of such fee by a dealer an applicant, the283
commissioner shall furnish to the dealer one master number plate to expire each year in284
accordance with subsection (f) of this Code section, to be known as a dealer's number and285
to based upon the type of master number plate issued. Each additional plate issued286
pursuant to this Code section shall require payment of a $12.00 fee. Each master number287
plate and any additional plates issued pursuant to this Code section shall be distinguished288
from the number license plates provided for in this chapter by different and distinguishing289
colors to be determined by the commissioner. The dealer plate for a franchise motor290
vehicle dealer shall be distinguishable from the dealer plate for a used car dealer and from291
the dealer plate for a motor vehicle wholesaler. Except as otherwise authorized by this292
Code section, any master number plate or additional plates issued pursuant to this Code293
section shall be for A dealer's number plate is the purpose of demonstrating or294
transporting dealer's vehicles or trailers for sale or lease. Persons engaged in the business295
of transporting vehicles for a dealer under a vehicle's own power shall be permitted to use296
such dealer's plate for the purpose of transporting a vehicle."297
"(c)(1) A broker licensed pursuant to Chapter 47 of Title 43 may apply for broker plates298
on a form prescribed by the commissioner. Such plates shall be distinguishable from the299
other plates issued pursuant to this Code section. This Code section shall not apply in300
any manner to mopeds as such term is defined in Code Section 40-1-1.301
(2) Broker plates shall be issued in the following manner:302
(A) Brokers shall be issued one initial master plate; and303
(B) In addition to the master plate issued to a broker in accordance with304
subparagraph (A) of this paragraph, each broker may also be issued one additional plate305
for every 40 units sold in a calendar year.306
(3) In order to determine the additional number and classification of plates to be issued307
to a broker, a broker shall be required to certify by affidavit to the department the number308
of retail and wholesale units sold in the prior calendar year using the past motor vehicle309
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sales history of the broker as identified by department records of documentation approved310
by the department.311
(d) The license plates issued pursuant to this Code section shall be revoked and confiscated312
upon a determination after a hearing that such broker, dealer, distributor, manufacturer, or313
manufacturer headquarters has unlawfully used such license plates in violation of this Code314
section.315
(e) If a license plate issued pursuant to this Code section is lost or stolen, the broker,316
dealer, manufacturer, distributor, manufacturer headquarters, or other party to whom the317
license plate was issued must shall immediately report the lost or stolen plate to local law318
enforcement agencies. If a replacement license plate is sought, the broker, dealer,319
manufacturer, distributor, manufacturer headquarters, or other party to whom the license320
plate was issued shall file a notarized affidavit with the department requesting a321
replacement plate. Such affidavit shall certify under penalty of perjury that the license322
plate has been lost or stolen and that the loss has been reported to a local law enforcement323
agency.324
(f)(1) Except as otherwise provided for in this Code section, the The expiration of a license325
plate issued pursuant to this Code section shall be the last day of the registration period as326
provided in division (a)(1)(A)(ii) of Code Section 40-2-21, except that for the purposes of327
this subsection, the registration period shall be determined by the first letter of the legal328
name of the business listed on the application for registration or renewal of registration. 329
An application for renewal of registration shall not be submitted earlier than 90 days prior330
to the last day of the registration period. A penalty of 25 percent of the total registration331
fees due shall be assessed any person registering pursuant to this Code section who, prior332
to the expiration of such person's registration period, fails to apply for renewal or if having333
applied fails to pay the required fees.334
(2) A transition period shall commence on October 1, 2007, and conclude on December335
31, 2007, for all existing registrations and any new registration applications presented336
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prior to January 1, 2008. On or after January 1, 2008, new applications for registration337
shall be submitted and remain valid until the expiration of such registration as specified338
in paragraph (1) of this subsection."339
SECTION 6.340
Said title is further amended in Code Section 40-3-33, relating to transfer of vehicle to or341
from dealer, records to be kept by dealers, electronic filing, and application for title where342
dealer located, by revising subsections (a) and (b) and adding new subsections to read as343
follows:344
"(a)(1) Except as provided in paragraph (2) of this subsection, a dealer who buys a345
vehicle and holds it for resale need not apply to the commissioner for a new certificate346
of title but may retain the delivered certificate delivered to him. Upon transferring the347
vehicle to another person other than by the creation of a security interest, such dealer348
shall promptly execute the assignment and warranty of title by a dealer. Such assignment349
and warranty shall show the names and addresses of the transferee and any holder of a350
security interest created or reserved at the time of the resale and the date of his the351
security agreement, in the spaces provided therefor on the certificate or as the352
commissioner prescribes. Transfers of vehicles under this Code section shall otherwise353
conform with Code Section 40-3-32. A dealer selling a previously registered vehicle354
which under this chapter need not have for which a certificate of title is not required355
under this chapter need not furnish a purchaser of such a vehicle a certificate of title. 356
After a previously registered vehicle has been brought under the terms of this chapter, a357
dealer, when selling that vehicle, shall conform to all provisions of this chapter.358
(2)(A) As used in this paragraph, the term 'franchise dealer' means a dealer who under359
a contract or franchise agreement with a manufacturer, distributor, wholesaler, or360
importer is authorized to sell new motor vehicles of or for such manufacturer,361
distributor, wholesaler, or importer and who is authorized to use trademarks or service362
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marks associated with one or more makes of motor vehicles in connection with such
363
sales.364
(B) A dealer who is not a franchise dealer who acquires a vehicle for which the original365
certificate of title has not been issued and who holds such vehicle for resale shall not366
be exempt from the requirement to obtain a certificate of title in such dealer's name as367
provided in paragraph (1) of this subsection. Such dealer shall, as provided in Code368
Section 40-3-32, obtain a certificate of title in such dealer's name prior to selling or369
otherwise transferring said vehicle to any other person or dealer.370
(b) Every dealer shall maintain a record, in the form the commissioner prescribes, of every371
vehicle bought, sold, or exchanged by him,
or received by him for sale or exchange. Such372
record shall be kept for three years and shall be open to inspection by a representative of373
the commissioner during reasonable business hours. The information contained in records374
maintained by a dealer pursuant to this subsection shall be an accurate representation of the375
transaction, and no alternative versions of records shall be produced for a purchaser with376
information which differs from that contained in records maintained for inspection by the377
department."378
"(f) The department shall be authorized to assess a civil penalty against a dealer of up to379
$500.00 for each sales transaction conducted in violation of subsection (b) of this Code380
section.381
(g) The department is authorized to promulgate rules and regulations necessary to382
effectuate the provisions of this Code section."383
SECTION 7.384
Code Section 43-47-8 of the Official Code of Georgia Annotated, relating to license385
applications for used motor vehicle dealers and used motor vehicle parts dealers,386
prerequisites, license fees, renewal, training or test, supplemental licenses, bonds, insurance,387
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suspension for conviction or false statement, and meetings, is amended by revising
388
subsections (b) and (c) as follows:389
"(b) A division under this chapter shall not issue or renew any license unless the applicant390
or holder thereof shall show that he or she maintains an established place of business as391
defined in Code Section 43-47-2. Any used motor vehicle dealer other than a motor
392
vehicle broker shall demonstrate that such established place of business has adequate393
square footage to store or display five or more used motor vehicles.394
(c) All licenses issued under this chapter shall be renewable biennially. The license of a395
used motor vehicle dealer who is a motor vehicle broker shall be renewable only upon396
demonstration that such broker has negotiated the sale of at least five motor vehicles in the397
previous calendar year. The divisions may establish continuing education requirements for398
license renewals."399
SECTION 8.400
Code Section 48-5C-1 of the Official Code of Georgia Annotated, relating to alternative ad401
valorem tax on motor vehicles, is amended by adding a new paragraph to subsection (a) and402
revising paragraph (9) of subsection (d) as follows:403
"(3.1) 'Passive entity' means a person, other than an individual, formed under the laws404
of another state that does not have an established place of business in this state, owns no405
real property, and conducts no trade or business other than the holding of assets for406
investment and income."407
"(9)(A) Any owner of any motor vehicle who fails to submit within 30 days of the date408
such owner is required by law to register such vehicle in this state an application for a409
first certificate of title under Code Section 40-3-21 or a certificate of title under Code410
Section 40-3-32 shall be required to pay a penalty in the amount of 10 percent of the411
state title ad valorem tax fees and 10 percent of the local title ad valorem tax fees412
required under this Code section and, if such state and local title ad valorem tax fees413
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and the penalty are not paid within 60 days following the date such owner is required
414
by law to register such vehicle, interest at the rate of 1 percent per month shall be415
imposed on the state and local title ad valorem tax fees due under this Code section,416
unless a temporary permit has been issued by the tax commissioner. The tax417
commissioner shall grant a temporary permit in the event the failure to timely apply for418
a first certificate of title is due to the failure of a lienholder to comply with Code419
Section 40-3-56, regarding release of a security interest or lien, and no penalty or420
interest shall be assessed. Such penalty and interest shall be in addition to the penalty421
and fee required under Code Section 40-3-21 or 40-3-32, as applicable.422
(B) The penalties provided for in subparagraph (A) of this paragraph shall be double
423
for any resident of this state who owns at least 50 percent of a passive entity that owns424
a motor vehicle that fails to submit within 60 days of the date such owner is required425
by law to register such vehicle in this state an application for a first certificate of title426
under Code Section 40-3-21 or a certificate of title under Code Section 40-3-32 and427
register such vehicle."428
SECTION 9.429
This Act shall become effective on January 1, 2025.430
SECTION 10.431
All laws and parts of laws in conflict with this Act are repealed.432
H. B. 1234
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