| 7 | | - | operating permits for motor vehicles; to revise provisions relative to the operation of an3 |
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| 8 | | - | unregistered motor vehicle or vehicle without a current license plate, revalidation decal,4 |
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| 9 | | - | county decal, or temporary operating permit; to authorize the development and maintenance5 |
|---|
| 10 | | - | by third parties of an electronic temporary operating permit issuance system for issuance of6 |
|---|
| 11 | | - | temporary operating permits; to provide for utilization of such system by dealers for issuance7 |
|---|
| 12 | | - | of temporary operating permits; to provide for the suspension of access to such system by8 |
|---|
| 13 | | - | the department for certain violations; to provide for notice and hearings; to amend Code9 |
|---|
| 14 | | - | Section 48-5C-1 of the Official Code of Georgia Annotated, relating to alternative ad10 |
|---|
| 15 | | - | valorem tax on motor vehicles, so as to provide for enhanced penalty for an owner of a11 |
|---|
| 16 | | - | passive entity that fails to pay alternative ad valorem tax; to provide for a definition; to12 |
|---|
| 17 | | - | provide for an effective date; to provide for related matters; to repeal conflicting laws; and13 |
|---|
| 18 | | - | for other purposes.14 |
|---|
| 19 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15 |
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| 20 | | - | H. B. 1234 (SUB) |
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| 21 | | - | - 1 - 24 LC 39 4289S |
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| 22 | | - | SECTION 1.16 |
|---|
| 23 | | - | Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is17 |
|---|
| 24 | | - | amended by revising Code Section 40-2-8, relating to operation of unregistered vehicle or18 |
|---|
| 25 | | - | vehicle without current license plate, revalidation decal, or county decal and temporary19 |
|---|
| 26 | | - | operating permit issued by dealers of new or used motor vehicles, as follows:20 |
|---|
| 27 | | - | "40-2-8.21 |
|---|
| 28 | | - | (a) No person shall own, rent, lease, loan, or operate any vehicle required to be registered22 |
|---|
| 29 | | - | pursuant to Code Section 40-2-20 upon a highway in this state without registering such23 |
|---|
| 30 | | - | vehicle. Any person who becomes a resident of this state shall register his or her vehicle24 |
|---|
| 31 | | - | within 30 days of becoming a resident. Each day that a vehicle is in violation of this Code25 |
|---|
| 32 | | - | section shall be deemed to be a separate and distinct offense. Any person convicted of such26 |
|---|
| 33 | | - | offense shall be guilty of a misdemeanor and punished by a fine of $100.00 for each27 |
|---|
| 34 | | - | violation. Any person owning or operating any vehicle described in Code Section 40-2-2028 |
|---|
| 35 | | - | on any public highway or street without complying with that Code section shall be guilty29 |
|---|
| 36 | | - | of a misdemeanor, provided that a person shall register his or her motor vehicle within 3030 |
|---|
| 37 | | - | days after becoming a resident of this state. Any person renting, leasing, or loaning any31 |
|---|
| 38 | | - | vehicle described in Code Section 40-2-20 which is being used on any public highway or32 |
|---|
| 39 | | - | street without complying with that Code section shall be guilty of a misdemeanor and, upon33 |
|---|
| 40 | | - | conviction thereof, shall be punished by a fine of $100.00 for each violation; and each day34 |
|---|
| 41 | | - | that such vehicle is operated in violation of Code Section 40-2-20 shall be deemed to be35 |
|---|
| 42 | | - | a separate and distinct offense.36 |
|---|
| 43 | | - | (b)(1) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle37 |
|---|
| 44 | | - | required to be registered in this state pursuant to Code Section 40-2-20 without a valid38 |
|---|
| 45 | | - | numbered license plate properly validated with a current revalidation decal, unless such39 |
|---|
| 46 | | - | operation is otherwise permitted under this chapter; and provided, further, that the40 |
|---|
| 47 | | - | purchaser of a new vehicle or a used vehicle from a dealer of new or used motor vehicles41 |
|---|
| 48 | | - | who displays a temporary operating permit issued as provided by paragraph (2) of this42 |
|---|
| 49 | | - | H. B. 1234 (SUB) |
|---|
| 50 | | - | - 2 - 24 LC 39 4289S |
|---|
| 51 | | - | subsection Code Section 40-2-8.1 may operate such vehicle on the public highways and43 |
|---|
| 52 | | - | streets of this state without a current valid license plate during the period within which44 |
|---|
| 53 | | - | the purchaser is required by Code Section authorized by Code Sections 40-2-8.1 and45 |
|---|
| 54 | | - | 40-2-20. An owner acquiring a motor vehicle from an entity that is not a new or used46 |
|---|
| 55 | | - | vehicle dealer shall register such vehicle as provided for in Code Section 40-2-29 unless47 |
|---|
| 56 | | - | such vehicle is to be registered under the International Registration Plan pursuant to48 |
|---|
| 57 | | - | Article 3A of this chapter.49 |
|---|
| 58 | | - | (2)(A) Any dealer of new or used motor vehicles shall issue to the purchaser of a50 |
|---|
| 59 | | - | vehicle at the time of sale thereof, unless such vehicle is to be registered under the51 |
|---|
| 60 | | - | International Registration Plan, a temporary operating permit as provided for by52 |
|---|
| 61 | | - | department rules or regulations which may bear the dealer's name and location and shall53 |
|---|
| 62 | | - | bear an expiration date 45 days from the date of purchase. The expiration date of such54 |
|---|
| 63 | | - | a temporary operating permit may be revised and extended by the county tag agent55 |
|---|
| 64 | | - | upon application by the dealer, the purchaser, or the transferee if an extension of the56 |
|---|
| 65 | | - | purchaser's initial registration period has been granted as provided by Code57 |
|---|
| 66 | | - | Section 40-2-20. Such temporary operating permit shall not resemble a license plate58 |
|---|
| 67 | | - | issued by this state and shall be issued without charge or fee. The requirements of this59 |
|---|
| 68 | | - | paragraph shall not apply to a dealer whose primary business is the sale of salvage60 |
|---|
| 69 | | - | motor vehicles and other vehicles on which total loss claims have been paid by insurers.61 |
|---|
| 70 | | - | (B) All temporary operating permits issued by dealers to purchasers of vehicles shall62 |
|---|
| 71 | | - | be of a standard design prescribed by regulation promulgated by the department. The63 |
|---|
| 72 | | - | department may provide by rule or regulation for the sale and distribution of such64 |
|---|
| 73 | | - | temporary operating permits by third parties in accordance with paragraph (3) of this65 |
|---|
| 74 | | - | subsection.66 |
|---|
| 75 | | - | (3) All sellers and distributors of temporary operating permits shall maintain an67 |
|---|
| 76 | | - | inventory record of temporary operating permits by number and name of the dealer.68 |
|---|
| 77 | | - | H. B. 1234 (SUB) |
|---|
| 78 | | - | - 3 - 24 LC 39 4289S |
|---|
| 79 | | - | (4)(2) The purchaser and operator of a vehicle shall not be subject to the penalties set69 |
|---|
| 80 | | - | forth in this Code section during the period allowed for the registration of such vehicle. 70 |
|---|
| 81 | | - | If the owner of such vehicle presents evidence that such owner has properly applied for71 |
|---|
| 82 | | - | the registration of such vehicle, but that the license plate or revalidation decal has not72 |
|---|
| 83 | | - | been delivered to such owner, then the owner shall not be subject to the penalties73 |
|---|
| 84 | | - | enumerated in this subsection.74 |
|---|
| 85 | | - | (c) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle75 |
|---|
| 86 | | - | required to be registered in the State of Georgia this state without a valid county decal76 |
|---|
| 87 | | - | designating the county where the vehicle was last registered, unless such operation is77 |
|---|
| 88 | | - | otherwise permitted under this chapter. Any person convicted of such offense shall be78 |
|---|
| 89 | | - | punished by a fine of $25.00 for a first offense and $100.00 for a second or subsequent79 |
|---|
| 90 | | - | such offense. However, a A county name decal shall not be required if there is no space80 |
|---|
| 91 | | - | provided for a county name decal on the current license plate. Any person convicted of a81 |
|---|
| 92 | | - | violation of this subsection shall be subject to a fine not to exceed $25.00 if that person82 |
|---|
| 93 | | - | shows to the court having jurisdiction of the offense that the proper revalidation decal had83 |
|---|
| 94 | | - | been obtained prior to the time of the offense.84 |
|---|
| 95 | | - | (d) No violation of this Code section shall have occurred upon presentation of evidence85 |
|---|
| 96 | | - | that the owner had properly applied for the registration of such vehicle, but that the license86 |
|---|
| 97 | | - | plate or revalidation decal had not been delivered to such owner at the time the uniform87 |
|---|
| 98 | | - | traffic citation was issued.88 |
|---|
| 99 | | - | (e) The commissioner is authorized to promulgate rules and regulations necessary to89 |
|---|
| 100 | | - | effectuate the provisions of this Code section."90 |
|---|
| 101 | | - | SECTION 2.91 |
|---|
| 102 | | - | Said title is further amended by revising Code Section 40-2-8.1, relating to operation of92 |
|---|
| 103 | | - | vehicle without revalidation decal on license plate, as follows:93 |
|---|
| 104 | | - | H. B. 1234 (SUB) |
|---|
| 105 | | - | - 4 - 24 LC 39 4289S |
|---|
| 106 | | - | "40-2-8.1.94 |
|---|
| 107 | | - | Notwithstanding Code Section 40-2-8 or any other provision of law, a person who operates95 |
|---|
| 108 | | - | a vehicle which is required to be registered in this state and which has attached to the rear96 |
|---|
| 109 | | - | thereof a valid numbered license plate without having the required revalidation decal97 |
|---|
| 110 | | - | affixed upon that plate, which person is otherwise guilty of a misdemeanor for not having98 |
|---|
| 111 | | - | such decal affixed to the plate, shall be subject for that offense only to a fine not to exceed99 |
|---|
| 112 | | - | $25.00 if that person shows to the court having jurisdiction of the offense that the proper100 |
|---|
| 113 | | - | revalidation decal had been obtained prior to the time of the offense.101 |
|---|
| 114 | | - | (a) Any dealer of new or used motor vehicles shall issue a temporary operating permit102 |
|---|
| 115 | | - | without charge or fee to the purchaser of a vehicle at the time of sale thereof, unless such103 |
|---|
| 116 | | - | vehicle is to be registered under the International Registration Plan or such dealer is one104 |
|---|
| 117 | | - | whose primary business is the sale of salvage motor vehicles and other vehicles on which105 |
|---|
| 118 | | - | total loss claims have been paid by insurers. Such temporary operating permit shall be of106 |
|---|
| 119 | | - | a standard design prescribed the department; provided, however, that such permit shall not107 |
|---|
| 120 | | - | resemble a license plate issued by this state. A temporary operating permit may bear the108 |
|---|
| 121 | | - | name of the dealer and location and shall include an expiration date which shall be 45 days109 |
|---|
| 122 | | - | from the date of purchase. The expiration date of a temporary operating permit may be110 |
|---|
| 123 | | - | revised and extended by the county tag agent upon application by the dealer, purchaser, or111 |
|---|
| 124 | | - | transferee if an extension of the purchaser's initial registration period has been granted as112 |
|---|
| 125 | | - | provided by Code Section 40-2-20.113 |
|---|
| 126 | | - | (b)(1) The department may provide by rule or regulation for the sale and distribution of114 |
|---|
| 127 | | - | temporary operating permits to dealers by third parties through the development and115 |
|---|
| 128 | | - | maintenance of an electronic temporary operating permit issuance system and establish116 |
|---|
| 129 | | - | standards for distribution and issuance of such permits. The department may further117 |
|---|
| 130 | | - | provide by rule or regulation for standards for authorized access to an electronic118 |
|---|
| 131 | | - | temporary operating permit issuance system, which may include, but shall not be limited119 |
|---|
| 132 | | - | to, required criminal background checks for any user of the system. Any third party120 |
|---|
| 133 | | - | H. B. 1234 (SUB) |
|---|
| 134 | | - | - 5 - 24 LC 39 4289S |
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| 135 | | - | authorized to distribute and issue temporary operating permits shall maintain an inventory121 |
|---|
| 136 | | - | record of such permits by number and name of the dealer.122 |
|---|
| 137 | | - | (2)(A) The department shall be authorized to suspend access to the electronic123 |
|---|
| 138 | | - | temporary operating permit issuance system established pursuant to this Code section124 |
|---|
| 139 | | - | for any dealer found to have issued temporary operating permits for a vehicle which has125 |
|---|
| 140 | | - | not been sold or intended to be registered or otherwise violated requirements for126 |
|---|
| 141 | | - | issuance of such permits established by rule or regulation of the department after127 |
|---|
| 142 | | - | issuance of notice of such violation by electronic means and opportunity for informal128 |
|---|
| 143 | | - | review as set forth in this subparagraph. Any dealer who has received notice pursuant129 |
|---|
| 144 | | - | to this subsection of an alleged violation and for whom the department intends to130 |
|---|
| 145 | | - | suspend access to the electronic temporary operating permit issuance system may131 |
|---|
| 146 | | - | request an informal review of the allegations with the department. The method for132 |
|---|
| 147 | | - | making such request shall be developed by the department and may be by electronic133 |
|---|
| 148 | | - | means. Upon receipt of such request for informal review, the department shall, within134 |
|---|
| 149 | | - | ten business days, schedule an informal conference with such dealer to review the135 |
|---|
| 150 | | - | suspected violations. Proceedings under this subparagraph shall not be governed by136 |
|---|
| 151 | | - | any formal procedural requirements and may be conducted in such manner as the137 |
|---|
| 152 | | - | department may establish by rule or regulation. The department shall consider the138 |
|---|
| 153 | | - | historical use of the electronic temporary operating permit issuance system by the139 |
|---|
| 154 | | - | dealer under consideration for access suspension, together with other pertinent140 |
|---|
| 155 | | - | information which may be available, and shall render a decision regarding access to the141 |
|---|
| 156 | | - | electronic temporary operating permit issuance system within seven business days of142 |
|---|
| 157 | | - | the informal conference. Upon a finding that such dealer violated the requirements of143 |
|---|
| 158 | | - | this Code section or rules and regulations of the department, the department shall144 |
|---|
| 159 | | - | suspend access to the electronic temporary operating permit issuance system for a145 |
|---|
| 160 | | - | period of no longer than six months and notify such dealer of such decision.146 |
|---|
| 161 | | - | H. B. 1234 (SUB) |
|---|
| 162 | | - | - 6 - 24 LC 39 4289S |
|---|
| 163 | | - | (B) If the department suspends a dealer's access to the electronic temporary operating147 |
|---|
| 164 | | - | permit issuance system established pursuant to this Code section after an informal148 |
|---|
| 165 | | - | review held pursuant to subparagraph (A) of this paragraph, the suspended dealer shall149 |
|---|
| 166 | | - | have the right to request a formal hearing to review the suspension pursuant to Code150 |
|---|
| 167 | | - | Section 40-3-6. At such hearing, the department may present evidence of any instances151 |
|---|
| 168 | | - | in which the suspended dealer unlawfully issued temporary operating permits or issued152 |
|---|
| 169 | | - | fraudulent temporary operating permits. Upon a finding that the suspended dealer is153 |
|---|
| 170 | | - | in compliance with the requirements of this Code section and only issued temporary154 |
|---|
| 171 | | - | operating permits for bona fide motor vehicle sales, the department shall provide for the155 |
|---|
| 172 | | - | immediate restoration of access to the electronic temporary operating permit issuance156 |
|---|
| 173 | | - | system for such dealer. Upon a finding that the suspended dealer violated the157 |
|---|
| 174 | | - | requirements of this Code section or rules and regulations of the department, the158 |
|---|
| 175 | | - | department shall be authorized to extend the term of suspension for a period of up to159 |
|---|
| 176 | | - | 24 months. Upon a finding that a dealer has unlawfully issued temporary operating160 |
|---|
| 177 | | - | permits in violation of this chapter or rules and regulations of the department, the161 |
|---|
| 178 | | - | department shall further be authorized to issue a civil monetary penalty in an amount162 |
|---|
| 179 | | - | no greater than $100.00 per violation, suspend or revoke the registration issued to a163 |
|---|
| 180 | | - | dealer pursuant to Code Section 40-2-39, and suspend, confiscate, or limit issuance of164 |
|---|
| 181 | | - | any dealer plates issued pursuant to Code Section 40-2-38 for a period of up to 24165 |
|---|
| 182 | | - | months. The department shall comply with Chapter 13 of Title 50, the 'Georgia166 |
|---|
| 183 | | - | Administrative Procedure Act,' in relation to the hearing provided for in this167 |
|---|
| 184 | | - | subparagraph and the suspended dealer shall have the right to appeal any decision of168 |
|---|
| 185 | | - | the department in accordance with such chapter.169 |
|---|
| 186 | | - | (c) The commissioner is authorized to promulgate rules and regulations necessary to170 |
|---|
| 187 | | - | effectuate the provisions of this Code section."171 |
|---|
| 188 | | - | H. B. 1234 (SUB) |
|---|
| 189 | | - | - 7 - 24 LC 39 4289S |
|---|
| 190 | | - | SECTION 3.172 |
|---|
| 191 | | - | Said title is further amended in Code Section 40-2-33, relating to issuance of license plates173 |
|---|
| 192 | | - | and decals, transfer of registration to a digital license plate, compensation of tag agents, and174 |
|---|
| 193 | | - | required identification, by revising paragraph (3) of subsection (a) as follows: 175 |
|---|
| 194 | | - | "(3) At the time of initial application for registration or at any time during the registration176 |
|---|
| 195 | | - | period, a vehicle owner may file with the county tag agent, on a form or electronic form177 |
|---|
| 196 | | - | prescribed by the commissioner, a request to have a vehicle license plate duplicated on178 |
|---|
| 197 | | - | a digital license plate purchased from a digital license plate provider. Such request to the179 |
|---|
| 198 | | - | county tag agent shall include all applicable registration fees. Upon approving the180 |
|---|
| 199 | | - | application provided in this paragraph, the commissioner or county tag agent shall furnish181 |
|---|
| 200 | | - | the digital license plate provider with the appropriate licensing information to be182 |
|---|
| 201 | | - | displayed upon the digital license plate. In accordance with Code Section 40-2-8183 |
|---|
| 202 | | - | 40-2-8.1, a 45 day temporary operating permit shall be issued by the commissioner or184 |
|---|
| 203 | | - | county tag agent to an applicant for a digital license plate until such license plate is185 |
|---|
| 204 | | - | received by the applicant."186 |
|---|
| 205 | | - | SECTION 4.187 |
|---|
| 206 | | - | Said title is further amended in Code Section 40-2-38, relating to registration and licensing188 |
|---|
| 207 | | - | of manufacturers, distributors, and dealers and issuance of manufacturer, manufacturer189 |
|---|
| 208 | | - | headquarters, distributor, and dealer plates, by revising paragraph (1) of subsection (a) and190 |
|---|
| 209 | | - | subsections (c) through (f) as follows:191 |
|---|
| 210 | | - | "(a)(1) Manufacturers, manufacturer headquarters, distributors, and dealers engaged in192 |
|---|
| 211 | | - | the manufacture, sale, or leasing of vehicles required to be registered under Code Section193 |
|---|
| 212 | | - | 40-2-20 shall register by electronic means with the commissioner, making application for194 |
|---|
| 213 | | - | a distinguishing dealer's number, specifying the name and make of motor vehicle, tractor,195 |
|---|
| 214 | | - | or trailer manufactured, sold, or leased by them, upon forms prepared by the196 |
|---|
| 215 | | - | commissioner for such purposes, and pay therefor a fee of $62.00, which shall197 |
|---|
| 216 | | - | H. B. 1234 (SUB) |
|---|
| 217 | | - | - 8 - 24 LC 39 4289S |
|---|
| 218 | | - | accompany such application. Upon payment of such fee by a dealer an applicant, the198 |
|---|
| 219 | | - | commissioner shall furnish to the dealer one master number plate to expire each year in199 |
|---|
| 220 | | - | accordance with subsection (f) of this Code section, to be known as a dealer's number and200 |
|---|
| 221 | | - | to based upon the type of master number plate issued. Each additional plate issued201 |
|---|
| 222 | | - | pursuant to this Code section shall require payment of a $12.00 fee. Each master number202 |
|---|
| 223 | | - | plate and any additional plates issued pursuant to this Code section shall be distinguished203 |
|---|
| 224 | | - | from the number license plates provided for in this chapter by different and distinguishing204 |
|---|
| 225 | | - | colors to be determined by the commissioner. The dealer plate for a franchise motor205 |
|---|
| 226 | | - | vehicle dealer shall be distinguishable from the dealer plate for a used car dealer and from206 |
|---|
| 227 | | - | the dealer plate for a motor vehicle wholesaler. Except as otherwise authorized by this207 |
|---|
| 228 | | - | Code section, any master number plate or additional plates issued pursuant to this Code208 |
|---|
| 229 | | - | section shall be for A dealer's number plate is the purpose of demonstrating or209 |
|---|
| 230 | | - | transporting dealer's vehicles or trailers for sale or lease. Persons engaged in the business210 |
|---|
| 231 | | - | of transporting vehicles for a dealer under a vehicle's own power shall be permitted to use211 |
|---|
| 232 | | - | such dealer's plate for the purpose of transporting a vehicle."212 |
|---|
| 233 | | - | "(c) This Code section shall not apply in any manner to mopeds as such term is defined in213 |
|---|
| 234 | | - | Code Section 40-1-1.214 |
|---|
| 235 | | - | (d) The license plates issued pursuant to this Code section shall be revoked and confiscated215 |
|---|
| 236 | | - | upon a determination after a hearing that such dealer, distributor, manufacturer, or216 |
|---|
| 237 | | - | manufacturer headquarters has unlawfully used such license plates in violation of this Code217 |
|---|
| 238 | | - | section.218 |
|---|
| 239 | | - | (e)(d) If a license plate issued pursuant to this Code section is lost or stolen, the dealer,219 |
|---|
| 240 | | - | manufacturer, distributor, manufacturer headquarters, or other party to whom the license220 |
|---|
| 241 | | - | plate was issued must shall immediately report the lost or stolen plate to local law221 |
|---|
| 242 | | - | enforcement agencies. If a replacement license plate is sought, the dealer, manufacturer,222 |
|---|
| 243 | | - | distributor, manufacturer headquarters, or other party to whom the license plate was issued223 |
|---|
| 244 | | - | shall file a notarized affidavit with the department requesting a replacement plate. Such224 |
|---|
| 245 | | - | H. B. 1234 (SUB) |
|---|
| 246 | | - | - 9 - 24 LC 39 4289S |
|---|
| 247 | | - | affidavit shall certify under penalty of perjury that the license plate has been lost or stolen225 |
|---|
| 248 | | - | and that the loss has been reported to a local law enforcement agency.226 |
|---|
| 249 | | - | (f)(1)(e) Except as otherwise provided for in this Code section, the The expiration of a227 |
|---|
| 250 | | - | license plate issued pursuant to this Code section shall be the last day of the registration228 |
|---|
| 251 | | - | period as provided in division (a)(1)(A)(ii) of Code Section 40-2-21, except that for the229 |
|---|
| 252 | | - | purposes of this subsection, the registration period shall be determined by the first letter of230 |
|---|
| 253 | | - | the legal name of the business listed on the application for registration or renewal of231 |
|---|
| 254 | | - | registration. An application for renewal of registration shall not be submitted earlier than232 |
|---|
| 255 | | - | 90 days prior to the last day of the registration period. A penalty of 25 percent of the total233 |
|---|
| 256 | | - | registration fees due shall be assessed any person registering pursuant to this Code section234 |
|---|
| 257 | | - | who, prior to the expiration of such person's registration period, fails to apply for renewal235 |
|---|
| 258 | | - | or if having applied fails to pay the required fees.236 |
|---|
| 259 | | - | (2) A transition period shall commence on October 1, 2007, and conclude on December237 |
|---|
| 260 | | - | 31, 2007, for all existing registrations and any new registration applications presented238 |
|---|
| 261 | | - | prior to January 1, 2008. On or after January 1, 2008, new applications for registration239 |
|---|
| 262 | | - | shall be submitted and remain valid until the expiration of such registration as specified240 |
|---|
| 263 | | - | in paragraph (1) of this subsection."241 |
|---|
| 264 | | - | SECTION 5.242 |
|---|
| 265 | | - | Said title is further amended in Code Section 40-3-33, relating to transfer of vehicle to or243 |
|---|
| 266 | | - | from dealer, records to be kept by dealers, electronic filing, and application for title where244 |
|---|
| 267 | | - | dealer located, by revising subsections (a) and (b) and adding new subsections to read as245 |
|---|
| 268 | | - | follows:246 |
|---|
| 269 | | - | "(a)(1) Except as provided in paragraph (2) of this subsection, a dealer who buys a247 |
|---|
| 270 | | - | vehicle and holds it for resale need not apply to the commissioner for a new certificate248 |
|---|
| 271 | | - | of title but may retain the delivered certificate delivered to him. Upon transferring the249 |
|---|
| 272 | | - | vehicle to another person other than by the creation of a security interest, such dealer250 |
|---|
| 273 | | - | H. B. 1234 (SUB) |
|---|
| 274 | | - | - 10 - 24 LC 39 4289S |
|---|
| 275 | | - | shall promptly execute the assignment and warranty of title by a dealer. Such assignment251 |
|---|
| 276 | | - | and warranty shall show the names and addresses of the transferee and any holder of a252 |
|---|
| 277 | | - | security interest created or reserved at the time of the resale and the date of his the253 |
|---|
| 278 | | - | security agreement, in the spaces provided therefor on the certificate or as the254 |
|---|
| 279 | | - | commissioner prescribes. Transfers of vehicles under this Code section shall otherwise255 |
|---|
| 280 | | - | conform with Code Section 40-3-32. A dealer selling a previously registered vehicle256 |
|---|
| 281 | | - | which under this chapter need not have for which a certificate of title is not required257 |
|---|
| 282 | | - | under this chapter need not furnish a purchaser of such a vehicle a certificate of title. 258 |
|---|
| 283 | | - | After a previously registered vehicle has been brought under the terms of this chapter, a259 |
|---|
| 284 | | - | dealer, when selling that vehicle, shall conform to all provisions of this chapter.260 |
|---|
| 285 | | - | (2)(A) As used in this paragraph, the term 'franchise dealer' means a dealer who under261 |
|---|
| 286 | | - | a contract or franchise agreement with a manufacturer, distributor, wholesaler, or262 |
|---|
| 287 | | - | importer is authorized to sell new motor vehicles of or for such manufacturer,263 |
|---|
| 288 | | - | distributor, wholesaler, or importer and who is authorized to use trademarks or service264 |
|---|
| 289 | | - | marks associated with one or more makes of motor vehicles in connection with such265 |
|---|
| 290 | | - | sales.266 |
|---|
| 291 | | - | (B) A dealer who is not a franchise dealer who acquires a vehicle for which the original267 |
|---|
| 292 | | - | certificate of title has not been issued and who holds such vehicle for resale shall not268 |
|---|
| 293 | | - | be exempt from the requirement to obtain a certificate of title in such dealer's name as269 |
|---|
| 294 | | - | provided in paragraph (1) of this subsection. Such dealer shall, as provided in Code270 |
|---|
| 295 | | - | Section 40-3-32, obtain a certificate of title in such dealer's name prior to selling or271 |
|---|
| 296 | | - | otherwise transferring said vehicle to any other person or dealer.272 |
|---|
| 297 | | - | (b) Every dealer shall maintain a record, in the form the commissioner prescribes, of every273 |
|---|
| 298 | | - | vehicle bought, sold, or exchanged by him, or received by him for sale or exchange. Such274 |
|---|
| 299 | | - | record shall be kept for three years and shall be open to inspection by a representative of275 |
|---|
| 300 | | - | the commissioner during reasonable business hours. The information contained in records276 |
|---|
| 301 | | - | maintained by a dealer pursuant to this subsection shall be an accurate representation of the277 |
|---|
| 302 | | - | H. B. 1234 (SUB) |
|---|
| 303 | | - | - 11 - 24 LC 39 4289S |
|---|
| 304 | | - | transaction, and no alternative versions of records shall be produced for a purchaser with278 |
|---|
| 305 | | - | information which differs from that contained in records maintained for inspection by the279 |
|---|
| 306 | | - | department."280 |
|---|
| 307 | | - | "(f) The department shall be authorized to assess a civil penalty against a dealer of up to281 |
|---|
| 308 | | - | $500.00 for each sales transaction conducted in violation of subsection (b) of this Code282 |
|---|
| 309 | | - | section.283 |
|---|
| 310 | | - | (g) The department is authorized to promulgate rules and regulations necessary to284 |
|---|
| 311 | | - | effectuate the provisions of this Code section."285 |
|---|
| 312 | | - | SECTION 6.286 |
|---|
| 313 | | - | Code Section 48-5C-1 of the Official Code of Georgia Annotated, relating to alternative ad287 |
|---|
| 314 | | - | valorem tax on motor vehicles, is amended by adding a new paragraph to subsection (a) and288 |
|---|
| 315 | | - | revising paragraph (9) of subsection (d) as follows:289 |
|---|
| 316 | | - | "(3.1) 'Passive entity' means a person, other than an individual, formed under the laws290 |
|---|
| 317 | | - | of another state that does not have an established place of business in this state, owns no291 |
|---|
| 318 | | - | real property, and conducts no trade or business other than the holding of assets for292 |
|---|
| 319 | | - | investment and income."293 |
|---|
| 320 | | - | "(9)(A) Any owner of any motor vehicle who fails to submit within 30 days of the date294 |
|---|
| 321 | | - | such owner is required by law to register such vehicle in this state an application for a295 |
|---|
| 322 | | - | first certificate of title under Code Section 40-3-21 or a certificate of title under Code296 |
|---|
| 323 | | - | Section 40-3-32 shall be required to pay a penalty in the amount of 10 percent of the297 |
|---|
| 324 | | - | state title ad valorem tax fees and 10 percent of the local title ad valorem tax fees298 |
|---|
| 325 | | - | required under this Code section and, if such state and local title ad valorem tax fees299 |
|---|
| 326 | | - | and the penalty are not paid within 60 days following the date such owner is required300 |
|---|
| 327 | | - | by law to register such vehicle, interest at the rate of 1 percent per month shall be301 |
|---|
| 328 | | - | imposed on the state and local title ad valorem tax fees due under this Code section,302 |
|---|
| 329 | | - | unless a temporary permit has been issued by the tax commissioner. The tax303 |
|---|
| 330 | | - | H. B. 1234 (SUB) |
|---|
| 331 | | - | - 12 - 24 LC 39 4289S |
|---|
| 332 | | - | commissioner shall grant a temporary permit in the event the failure to timely apply for304 |
|---|
| 333 | | - | a first certificate of title is due to the failure of a lienholder to comply with Code305 |
|---|
| 334 | | - | Section 40-3-56, regarding release of a security interest or lien, and no penalty or306 |
|---|
| 335 | | - | interest shall be assessed. Such penalty and interest shall be in addition to the penalty307 |
|---|
| 336 | | - | and fee required under Code Section 40-3-21 or 40-3-32, as applicable.308 |
|---|
| 337 | | - | (B) The penalties provided for in subparagraph (A) of this paragraph shall be double309 |
|---|
| 338 | | - | for any resident of this state who owns at least 50 percent of a passive entity that owns310 |
|---|
| 339 | | - | a motor vehicle that fails to submit within 60 days of the date such owner is required311 |
|---|
| 340 | | - | by law to register such vehicle in this state an application for a first certificate of title312 |
|---|
| 341 | | - | under Code Section 40-3-21 or a certificate of title under Code Section 40-3-32 and313 |
|---|
| 342 | | - | register such vehicle."314 |
|---|
| 343 | | - | SECTION 7.315 |
|---|
| 344 | | - | This Act shall become effective on January 1, 2025.316 |
|---|
| 345 | | - | SECTION 8.317 |
|---|
| 346 | | - | All laws and parts of laws in conflict with this Act are repealed.318 |
|---|
| 347 | | - | H. B. 1234 (SUB) |
|---|
| 348 | | - | - 13 - |
|---|
| 11 | + | operating permits for motor vehicles; to provide for definitions; to revise provisions relative3 |
|---|
| 12 | + | to the operation of an unregistered motor vehicle or vehicle without a current license plate,4 |
|---|
| 13 | + | revalidation decal, county decal, or temporary operating permit; to authorize the development5 |
|---|
| 14 | + | and maintenance by third parties of an electronic temporary operating permit issuance system6 |
|---|
| 15 | + | for issuance of temporary operating permits; to provide for utilization of such system by7 |
|---|
| 16 | + | dealers and brokers for issuance of temporary operating permits; to provide for the8 |
|---|
| 17 | + | suspension of access to such system by the department for certain violations; to provide for9 |
|---|
| 18 | + | notice and hearings; to provide for a limitation upon the number of temporary operating10 |
|---|
| 19 | + | permits to be issued by brokers; to provide for issuance of master number broker license11 |
|---|
| 20 | + | plates; to provide for standards and limitations upon issuance of such; to provide for12 |
|---|
| 21 | + | penalties; to amend Code Section 43-47-8 of the Official Code of Georgia Annotated,13 |
|---|
| 22 | + | relating to license applications for used motor vehicle dealers and used motor vehicle parts14 |
|---|
| 23 | + | dealers, prerequisites, license fees, renewal, training or test, supplemental licenses, bonds,15 |
|---|
| 24 | + | insurance, suspension for conviction or false statement, and meetings, so as to provide for16 |
|---|
| 25 | + | issuance or renewal of a license for certain used motor vehicle dealers; to amend Code17 |
|---|
| 26 | + | Section 48-5C-1 of the Official Code of Georgia Annotated, relating to alternative ad18 |
|---|
| 27 | + | H. B. 1234 |
|---|
| 28 | + | - 1 - 24 LC 39 4170 |
|---|
| 29 | + | valorem tax on motor vehicles, so as to provide for enhanced penalty for an owner of a |
|---|
| 30 | + | 19 |
|---|
| 31 | + | passive entity that fails to pay alternative ad valorem tax; to provide for a definition; to20 |
|---|
| 32 | + | provide for an effective date; to provide for related matters; to repeal conflicting laws; and21 |
|---|
| 33 | + | for other purposes.22 |
|---|
| 34 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:23 |
|---|
| 35 | + | SECTION 1.24 |
|---|
| 36 | + | Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is25 |
|---|
| 37 | + | amended by revising Code Section 40-2-1, relating to definitions relative to registration and26 |
|---|
| 38 | + | licensing of motor vehicles, as follows:27 |
|---|
| 39 | + | "40-2-1.28 |
|---|
| 40 | + | As used in this chapter, the term:29 |
|---|
| 41 | + | (1) 'Broker' means any person who, for a commission or with the intent to make a profit |
|---|
| 42 | + | 30 |
|---|
| 43 | + | or gain of money or other thing of value, negotiates or attempts to negotiate the sale of31 |
|---|
| 44 | + | a motor vehicle on behalf of another.32 |
|---|
| 45 | + | (1)(2) 'Cancellation of vehicle registration' means the annulment or termination by33 |
|---|
| 46 | + | formal action of the department of a person's vehicle registration because of an error or34 |
|---|
| 47 | + | defect in the registration or because the person is no longer entitled to such registration. 35 |
|---|
| 48 | + | The cancellation of registration is without prejudice, and application for a new36 |
|---|
| 49 | + | registration may be made at any time after such cancellation.37 |
|---|
| 50 | + | (2)(3) 'Commissioner' means the state revenue commissioner.38 |
|---|
| 51 | + | (4) 'Dealer' means any person who is engaged, in whole or in part, in the business of39 |
|---|
| 52 | + | selling, exchanging, renting with an option to purchase, or offering an interest in motor40 |
|---|
| 53 | + | vehicles for commission or with intent to make a profit or gain of money or other thing41 |
|---|
| 54 | + | of value, whether or not such motor vehicles are owned by such person. Such term shall42 |
|---|
| 55 | + | not include a broker.43 |
|---|
| 56 | + | H. B. 1234 |
|---|
| 57 | + | - 2 - 24 LC 39 4170 |
|---|
| 58 | + | (3)(5) 'Department' means the Department of Revenue.44 |
|---|
| 59 | + | (3.1)(6) 'Digital license plate' means a license plate which receives wireless data45 |
|---|
| 60 | + | communication to display information electronically.46 |
|---|
| 61 | + | (3.2)(7) 'Digital license plate provider' means a person approved by the commissioner47 |
|---|
| 62 | + | as a vendor of digital license plate hardware and services to motor vehicle owners48 |
|---|
| 63 | + | pursuant to this article.49 |
|---|
| 64 | + | (4)(8) 'For-hire intrastate motor carrier' means an entity engaged in the transportation of50 |
|---|
| 65 | + | goods or ten or more passengers for compensation wholly within the boundaries of this51 |
|---|
| 66 | + | state.52 |
|---|
| 67 | + | (5)(9) 'Intrastate motor carrier' means any self-propelled or towed motor vehicle operated53 |
|---|
| 68 | + | by an entity that is used on a highway in intrastate commerce to transport passengers or54 |
|---|
| 69 | + | property and:55 |
|---|
| 70 | + | (A) Has a gross vehicle weight rating, gross combination weight rating, gross vehicle56 |
|---|
| 71 | + | weight, or gross combination weight of 4,536 kg (10,001 lbs.) or more, whichever is57 |
|---|
| 72 | + | greater;58 |
|---|
| 73 | + | (B) Is designed or used to transport more than ten passengers, including the driver, and59 |
|---|
| 74 | + | is not used to transport passengers for compensation; or60 |
|---|
| 75 | + | (C) Is used to transport material found by the United States Secretary of Transportation61 |
|---|
| 76 | + | to be hazardous pursuant to 49 U.S.C. Section 5103 and is transported in any quantity.62 |
|---|
| 77 | + | (5.1)(10) 'License plate' means a sign affixed to a motor vehicle which displays a series63 |
|---|
| 78 | + | of letters or numbers or both indicating that the vehicle has been registered with this state. 64 |
|---|
| 79 | + | Such sign may be in a material made of metal or paper or a device which allows65 |
|---|
| 80 | + | information to be presented electronically in a digital format.66 |
|---|
| 81 | + | (6)(11) 'Motor carrier' means:67 |
|---|
| 82 | + | (A) Any entity subject to the terms of the Unified Carrier Registration Agreement68 |
|---|
| 83 | + | pursuant to 49 U.S.C. Section 14504a whether engaged in interstate or intrastate69 |
|---|
| 84 | + | commerce, or both; or70 |
|---|
| 85 | + | H. B. 1234 |
|---|
| 86 | + | - 3 - 24 LC 39 4170 |
|---|
| 87 | + | (B) Any entity defined by the commissioner or commissioner of public safety who |
|---|
| 88 | + | 71 |
|---|
| 89 | + | operates or controls commercial motor vehicles as defined in 49 C.F.R. Section 390.572 |
|---|
| 90 | + | or this chapter whether operated in interstate or intrastate commerce, or both.73 |
|---|
| 91 | + | (7) |
|---|
| 92 | + | (12) 'Operating authority' means the registration required by 49 U.S.C. Section 13902,74 |
|---|
| 93 | + | 49 C.F.R. Part 365, 49 C.F.R. Part 368, and 49 C.F.R. Section 392.9a.75 |
|---|
| 94 | + | (8)(13) 'Regulatory compliance inspection' means the examination of facilities, property,76 |
|---|
| 95 | + | buildings, vehicles, drivers, employees, cargo, packages, records, books, or supporting77 |
|---|
| 96 | + | documentation kept or required to be kept in the normal course of motor carrier business78 |
|---|
| 97 | + | or enterprise operations.79 |
|---|
| 98 | + | (9)(14) 'Resident' means a person who has a permanent home or domicile in Georgia and80 |
|---|
| 99 | + | to which, having been absent, he or she has the intention of returning. For the purposes81 |
|---|
| 100 | + | of this chapter, there is a rebuttable presumption that any person who, except for82 |
|---|
| 101 | + | infrequent, brief absences, has been present in the state for 30 or more days is a resident.83 |
|---|
| 102 | + | (10)(15) 'Revocation of vehicle registration' means the termination by formal action of84 |
|---|
| 103 | + | the department of a vehicle registration, which registration shall not be subject to renewal85 |
|---|
| 104 | + | or reinstatement, except that an application for a new registration may be presented and86 |
|---|
| 105 | + | acted upon by the department after the expiration of the applicable period of time87 |
|---|
| 106 | + | prescribed by law.88 |
|---|
| 107 | + | (11)(16) 'Suspension of vehicle registration' means the temporary withdrawal by formal89 |
|---|
| 108 | + | action of the department of a vehicle registration, which temporary withdrawal shall be90 |
|---|
| 109 | + | for a period specifically designated by the department."91 |
|---|
| 110 | + | SECTION 2.92 |
|---|
| 111 | + | Said title is further amended by revising Code Section 40-2-8, relating to operation of93 |
|---|
| 112 | + | unregistered vehicle or vehicle without current license plate, revalidation decal, or county94 |
|---|
| 113 | + | decal and temporary operating permit issued by dealers of new or used motor vehicles, as95 |
|---|
| 114 | + | follows:96 |
|---|
| 115 | + | H. B. 1234 |
|---|
| 116 | + | - 4 - 24 LC 39 4170 |
|---|
| 117 | + | "40-2-8. |
|---|
| 118 | + | 97 |
|---|
| 119 | + | (a) No person shall own, rent, lease, loan, or operate any vehicle required to be registered |
|---|
| 120 | + | 98 |
|---|
| 121 | + | pursuant to Code Section 40-2-20 upon a highway in this state without registering such99 |
|---|
| 122 | + | vehicle. Any person who becomes a resident of this state shall register his or her vehicle100 |
|---|
| 123 | + | within 30 days of becoming a resident. Each day that a vehicle is in violation of this Code101 |
|---|
| 124 | + | section shall be deemed to be a separate and distinct offense. Any person convicted of such102 |
|---|
| 125 | + | offense shall be guilty of a misdemeanor and punished by a fine of $100.00 for each103 |
|---|
| 126 | + | violation. Any person owning or operating any vehicle described in Code Section 40-2-20104 |
|---|
| 127 | + | on any public highway or street without complying with that Code section shall be guilty105 |
|---|
| 128 | + | of a misdemeanor, provided that a person shall register his or her motor vehicle within 30106 |
|---|
| 129 | + | days after becoming a resident of this state. Any person renting, leasing, or loaning any107 |
|---|
| 130 | + | vehicle described in Code Section 40-2-20 which is being used on any public highway or108 |
|---|
| 131 | + | street without complying with that Code section shall be guilty of a misdemeanor and, upon109 |
|---|
| 132 | + | conviction thereof, shall be punished by a fine of $100.00 for each violation; and each day110 |
|---|
| 133 | + | that such vehicle is operated in violation of Code Section 40-2-20 shall be deemed to be111 |
|---|
| 134 | + | a separate and distinct offense.112 |
|---|
| 135 | + | (b)(1) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle113 |
|---|
| 136 | + | required to be registered in this state pursuant to Code Section 40-2-20 without a valid114 |
|---|
| 137 | + | numbered license plate properly validated with a current revalidation decal, unless such115 |
|---|
| 138 | + | operation is otherwise permitted under this chapter; and provided, further, that the116 |
|---|
| 139 | + | purchaser of a new vehicle or a used vehicle from a broker or dealer of new or used motor117 |
|---|
| 140 | + | vehicles who displays a temporary operating permit issued as provided by paragraph (2)118 |
|---|
| 141 | + | of this subsection Code Section 40-2-8.1 may operate such vehicle on the public119 |
|---|
| 142 | + | highways and streets of this state without a current valid license plate during the period120 |
|---|
| 143 | + | within which the purchaser is required by Code Section authorized by Code Sections121 |
|---|
| 144 | + | 40-2-8.1 and 40-2-20. An owner acquiring a motor vehicle from an entity that is not a122 |
|---|
| 145 | + | new or used vehicle broker or dealer shall register such vehicle as provided for in Code123 |
|---|
| 146 | + | H. B. 1234 |
|---|
| 147 | + | - 5 - 24 LC 39 4170 |
|---|
| 148 | + | Section 40-2-29 unless such vehicle is to be registered under the International |
|---|
| 149 | + | 124 |
|---|
| 150 | + | Registration Plan pursuant to Article 3A of this chapter.125 |
|---|
| 151 | + | (2)(A) Any dealer of new or used motor vehicles shall issue to the purchaser of a |
|---|
| 152 | + | 126 |
|---|
| 153 | + | vehicle at the time of sale thereof, unless such vehicle is to be registered under the127 |
|---|
| 154 | + | International Registration Plan, a temporary operating permit as provided for by128 |
|---|
| 155 | + | department rules or regulations which may bear the dealer's name and location and shall129 |
|---|
| 156 | + | bear an expiration date 45 days from the date of purchase. The expiration date of such130 |
|---|
| 157 | + | a temporary operating permit may be revised and extended by the county tag agent131 |
|---|
| 158 | + | upon application by the dealer, the purchaser, or the transferee if an extension of the132 |
|---|
| 159 | + | purchaser's initial registration period has been granted as provided by Code133 |
|---|
| 160 | + | Section 40-2-20. Such temporary operating permit shall not resemble a license plate134 |
|---|
| 161 | + | issued by this state and shall be issued without charge or fee. The requirements of this135 |
|---|
| 162 | + | paragraph shall not apply to a dealer whose primary business is the sale of salvage136 |
|---|
| 163 | + | motor vehicles and other vehicles on which total loss claims have been paid by insurers.137 |
|---|
| 164 | + | (B) All temporary operating permits issued by dealers to purchasers of vehicles shall138 |
|---|
| 165 | + | be of a standard design prescribed by regulation promulgated by the department. The139 |
|---|
| 166 | + | department may provide by rule or regulation for the sale and distribution of such140 |
|---|
| 167 | + | temporary operating permits by third parties in accordance with paragraph (3) of this141 |
|---|
| 168 | + | subsection.142 |
|---|
| 169 | + | (3) All sellers and distributors of temporary operating permits shall maintain an143 |
|---|
| 170 | + | inventory record of temporary operating permits by number and name of the dealer.144 |
|---|
| 171 | + | (4)(2) The purchaser and operator of a vehicle shall not be subject to the penalties set145 |
|---|
| 172 | + | forth in this Code section during the period allowed for the registration of such vehicle. 146 |
|---|
| 173 | + | If the owner of such vehicle presents evidence that such owner has properly applied for147 |
|---|
| 174 | + | the registration of such vehicle, but that the license plate or revalidation decal has not148 |
|---|
| 175 | + | been delivered to such owner, then the owner shall not be subject to the penalties149 |
|---|
| 176 | + | enumerated in this subsection.150 |
|---|
| 177 | + | H. B. 1234 |
|---|
| 178 | + | - 6 - 24 LC 39 4170 |
|---|
| 179 | + | (c) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle |
|---|
| 180 | + | 151 |
|---|
| 181 | + | required to be registered in the State of Georgia |
|---|
| 182 | + | this state without a valid county decal152 |
|---|
| 183 | + | designating the county where the vehicle was last registered, unless such operation is153 |
|---|
| 184 | + | otherwise permitted under this chapter. Any person convicted of such offense shall be154 |
|---|
| 185 | + | punished by a fine of $25.00 for a first offense and $100.00 for a second or subsequent155 |
|---|
| 186 | + | such offense. However, a A county name decal shall not be required if there is no space156 |
|---|
| 187 | + | provided for a county name decal on the current license plate. Any person convicted of a157 |
|---|
| 188 | + | violation of this subsection shall be subject to a fine not to exceed $25.00 if that person158 |
|---|
| 189 | + | shows to the court having jurisdiction of the offense that the proper revalidation decal had159 |
|---|
| 190 | + | been obtained prior to the time of the offense.160 |
|---|
| 191 | + | (d) No violation of this Code section shall have occurred upon presentation of evidence161 |
|---|
| 192 | + | that the owner had properly applied for the registration of such vehicle, but that the license162 |
|---|
| 193 | + | plate or revalidation decal had not been delivered to such owner at the time the uniform163 |
|---|
| 194 | + | traffic citation was issued.164 |
|---|
| 195 | + | (e) The commissioner is authorized to promulgate rules and regulations necessary to165 |
|---|
| 196 | + | effectuate the provisions of this Code section."166 |
|---|
| 197 | + | SECTION 3.167 |
|---|
| 198 | + | Said title is further amended by revising Code Section 40-2-8.1, relating to operation of168 |
|---|
| 199 | + | vehicle without revalidation decal on license plate, as follows:169 |
|---|
| 200 | + | "40-2-8.1.170 |
|---|
| 201 | + | Notwithstanding Code Section 40-2-8 or any other provision of law, a person who operates171 |
|---|
| 202 | + | a vehicle which is required to be registered in this state and which has attached to the rear172 |
|---|
| 203 | + | thereof a valid numbered license plate without having the required revalidation decal173 |
|---|
| 204 | + | affixed upon that plate, which person is otherwise guilty of a misdemeanor for not having174 |
|---|
| 205 | + | such decal affixed to the plate, shall be subject for that offense only to a fine not to exceed175 |
|---|
| 206 | + | H. B. 1234 |
|---|
| 207 | + | - 7 - 24 LC 39 4170 |
|---|
| 208 | + | $25.00 if that person shows to the court having jurisdiction of the offense that the proper176 |
|---|
| 209 | + | revalidation decal had been obtained prior to the time of the offense.177 |
|---|
| 210 | + | (a) Any broker or dealer of new or used motor vehicles shall issue a temporary operating178 |
|---|
| 211 | + | permit without charge or fee to the purchaser of a vehicle at the time of sale thereof, unless179 |
|---|
| 212 | + | such vehicle is to be registered under the International Registration Plan or such broker or180 |
|---|
| 213 | + | dealer is one whose primary business is the sale of salvage motor vehicles and other181 |
|---|
| 214 | + | vehicles on which total loss claims have been paid by insurers. Such temporary operating182 |
|---|
| 215 | + | permit shall be of a standard design prescribed the department; provided, however, that183 |
|---|
| 216 | + | such permit shall not resemble a license plate issued by this state. A temporary operating184 |
|---|
| 217 | + | permit may bear the name of the broker or dealer and location and shall include an185 |
|---|
| 218 | + | expiration date which shall be 45 days from the date of purchase. The expiration date of186 |
|---|
| 219 | + | a temporary operating permit may be revised and extended by the county tag agent upon187 |
|---|
| 220 | + | application by the broker, dealer, purchaser, or transferee if an extension of the purchaser's188 |
|---|
| 221 | + | initial registration period has been granted as provided by Code Section 40-2-20.189 |
|---|
| 222 | + | (b)(1) The department may provide by rule or regulation for the sale and distribution of190 |
|---|
| 223 | + | temporary operating permits to brokers and dealers by third parties through the191 |
|---|
| 224 | + | development and maintenance of an electronic temporary operating permit issuance192 |
|---|
| 225 | + | system and establish standards for distribution and issuance of such permits. The193 |
|---|
| 226 | + | department may further provide by rule or regulation for standards for authorized access194 |
|---|
| 227 | + | to an electronic temporary operating permit issuance system, which may include, but195 |
|---|
| 228 | + | shall not be limited to, required criminal background checks for any user of the system. 196 |
|---|
| 229 | + | Any third party authorized to distribute and issue temporary operating permits shall197 |
|---|
| 230 | + | maintain an inventory record of such permits by number and name of the broker or198 |
|---|
| 231 | + | dealer.199 |
|---|
| 232 | + | (2)(A) The department shall be authorized to suspend access to the electronic200 |
|---|
| 233 | + | temporary operating permit issuance system established pursuant to this Code section201 |
|---|
| 234 | + | for any broker or dealer found to have issued temporary operating permits for a vehicle202 |
|---|
| 235 | + | H. B. 1234 |
|---|
| 236 | + | - 8 - 24 LC 39 4170 |
|---|
| 237 | + | which has not been sold or intended to be registered or otherwise violated requirements203 |
|---|
| 238 | + | for issuance of such permits established by rule or regulation of the department after204 |
|---|
| 239 | + | issuance of notice of such violation by electronic means and opportunity for informal205 |
|---|
| 240 | + | review as set forth in this subparagraph. Any broker or dealer who has received notice206 |
|---|
| 241 | + | pursuant to this subsection of an alleged violation and for whom the department intends207 |
|---|
| 242 | + | to suspend access to the electronic temporary operating permit issuance system may208 |
|---|
| 243 | + | request an informal review of the allegations with the department. The method for209 |
|---|
| 244 | + | making such request shall be developed by the department and may be by electronic210 |
|---|
| 245 | + | means. Upon receipt of such request for informal review, the department shall, within211 |
|---|
| 246 | + | ten business days, schedule an informal conference with such broker or dealer to review212 |
|---|
| 247 | + | the suspected violations. Proceedings under this subparagraph shall not be governed213 |
|---|
| 248 | + | by any formal procedural requirements and may be conducted in such manner as the214 |
|---|
| 249 | + | department may establish by rule or regulation. The department shall consider the215 |
|---|
| 250 | + | historical use of the electronic temporary operating permit issuance system by the216 |
|---|
| 251 | + | broker or dealer under consideration for access suspension, together with other217 |
|---|
| 252 | + | pertinent information which may be available, and shall render a decision regarding218 |
|---|
| 253 | + | access to the electronic temporary operating permit issuance system within seven219 |
|---|
| 254 | + | business days of the informal conference. Upon a finding that such broker or dealer220 |
|---|
| 255 | + | violated the requirements of this Code section or rules and regulations of the221 |
|---|
| 256 | + | department, the department shall suspend access to the electronic temporary operating222 |
|---|
| 257 | + | permit issuance system for a period of no longer than six months and notify such broker223 |
|---|
| 258 | + | or dealer of such decision.224 |
|---|
| 259 | + | (B) If the department suspends a broker's or dealer's access to the electronic temporary225 |
|---|
| 260 | + | operating permit issuance system established pursuant to this Code section after an226 |
|---|
| 261 | + | informal review held pursuant to subparagraph (A) of this paragraph, the suspended227 |
|---|
| 262 | + | broker or dealer shall have the right to request a formal hearing to review the228 |
|---|
| 263 | + | suspension pursuant to Code Section 40-3-6. At such hearing, the department may229 |
|---|
| 264 | + | H. B. 1234 |
|---|
| 265 | + | - 9 - 24 LC 39 4170 |
|---|
| 266 | + | present evidence of any instances in which the suspended broker or dealer unlawfully230 |
|---|
| 267 | + | issued temporary operating permits or issued fraudulent temporary operating permits. 231 |
|---|
| 268 | + | Upon a finding that the suspended broker or dealer is in compliance with the232 |
|---|
| 269 | + | requirements of this Code section and only issued temporary operating permits for bona233 |
|---|
| 270 | + | fide motor vehicle sales, the department shall provide for the immediate restoration of234 |
|---|
| 271 | + | access to the electronic temporary operating permit issuance system for such broker or235 |
|---|
| 272 | + | dealer. Upon a finding that the suspended broker or dealer violated the requirements236 |
|---|
| 273 | + | of this Code section or rules and regulations of the department, the department shall be237 |
|---|
| 274 | + | authorized to extend the term of suspension for a period of up to 24 months. Upon a238 |
|---|
| 275 | + | finding that a broker or dealer has unlawfully issued temporary operating permits in239 |
|---|
| 276 | + | violation of this chapter or rules and regulations of the department, the department shall240 |
|---|
| 277 | + | further be authorized to issue a civil monetary penalty in an amount no greater than241 |
|---|
| 278 | + | $100.00 per violation, suspend or revoke the registration issued to a dealer pursuant to242 |
|---|
| 279 | + | Code Section 40-2-39, and suspend, confiscate, or limit issuance of any broker or dealer243 |
|---|
| 280 | + | plates issued pursuant to Code Section 40-2-38 for a period of up to 24 months. The244 |
|---|
| 281 | + | department shall comply with Chapter 13 of Title 50, the 'Georgia Administrative245 |
|---|
| 282 | + | Procedure Act,' in relation to the hearing provided for in this subparagraph and the246 |
|---|
| 283 | + | suspended broker or dealer shall have the right to appeal any decision of the department247 |
|---|
| 284 | + | in accordance with such chapter.248 |
|---|
| 285 | + | (c) A broker shall be limited to issuance of 50 temporary operating permits in any one-year249 |
|---|
| 286 | + | period; provided, however, that the department may issue more than such quantity upon250 |
|---|
| 287 | + | submission of documentation of sales history by the broker in a form approved by the251 |
|---|
| 288 | + | department that indicates 40 motor vehicles sold by such broker in the previous calendar252 |
|---|
| 289 | + | year. No temporary operating permit shall be issued by a broker unless he or she holds a253 |
|---|
| 290 | + | valid driver's license from this state.254 |
|---|
| 291 | + | (d) The commissioner is authorized to promulgate rules and regulations necessary to255 |
|---|
| 292 | + | effectuate the provisions of this Code section."256 |
|---|
| 293 | + | H. B. 1234 |
|---|
| 294 | + | - 10 - 24 LC 39 4170 |
|---|
| 295 | + | SECTION 4. |
|---|
| 296 | + | 257 |
|---|
| 297 | + | Said title is further amended in Code Section 40-2-33, relating to issuance of license plates258 |
|---|
| 298 | + | and decals, transfer of registration to a digital license plate, compensation of tag agents, and259 |
|---|
| 299 | + | required identification, by revising paragraph (3) of subsection (a) as follows: 260 |
|---|
| 300 | + | "(3) At the time of initial application for registration or at any time during the registration261 |
|---|
| 301 | + | period, a vehicle owner may file with the county tag agent, on a form or electronic form262 |
|---|
| 302 | + | prescribed by the commissioner, a request to have a vehicle license plate duplicated on263 |
|---|
| 303 | + | a digital license plate purchased from a digital license plate provider. Such request to the264 |
|---|
| 304 | + | county tag agent shall include all applicable registration fees. Upon approving the265 |
|---|
| 305 | + | application provided in this paragraph, the commissioner or county tag agent shall furnish266 |
|---|
| 306 | + | the digital license plate provider with the appropriate licensing information to be267 |
|---|
| 307 | + | displayed upon the digital license plate. In accordance with Code Section 40-2-8 |
|---|
| 308 | + | 268 |
|---|
| 309 | + | 40-2-8.1, a 45 day temporary operating permit shall be issued by the commissioner or269 |
|---|
| 310 | + | county tag agent to an applicant for a digital license plate until such license plate is270 |
|---|
| 311 | + | received by the applicant."271 |
|---|
| 312 | + | SECTION 5.272 |
|---|
| 313 | + | Said title is further amended in Code Section 40-2-38, relating to registration and licensing273 |
|---|
| 314 | + | of manufacturers, distributors, and dealers and issuance of manufacturer, manufacturer274 |
|---|
| 315 | + | headquarters, distributor, and dealer plates, by revising paragraph (1) of subsection (a) and275 |
|---|
| 316 | + | subsections (c) through (f) as follows:276 |
|---|
| 317 | + | "(a)(1) Manufacturers, manufacturer headquarters, distributors, brokers, and dealers277 |
|---|
| 318 | + | engaged in the manufacture, sale, or leasing of vehicles required to be registered under278 |
|---|
| 319 | + | Code Section 40-2-20 shall register by electronic means with the commissioner, making279 |
|---|
| 320 | + | application for a distinguishing dealer's number, specifying the name and make of motor280 |
|---|
| 321 | + | vehicle, tractor, or trailer manufactured, sold, or leased by them, upon forms prepared by281 |
|---|
| 322 | + | the commissioner for such purposes, and pay therefor a fee of $62.00, which shall282 |
|---|
| 323 | + | H. B. 1234 |
|---|
| 324 | + | - 11 - 24 LC 39 4170 |
|---|
| 325 | + | accompany such application. Upon payment of such fee by a dealer an applicant, the283 |
|---|
| 326 | + | commissioner shall furnish to the dealer one master number plate to expire each year in284 |
|---|
| 327 | + | accordance with subsection (f) of this Code section, to be known as a dealer's number and285 |
|---|
| 328 | + | to based upon the type of master number plate issued. Each additional plate issued286 |
|---|
| 329 | + | pursuant to this Code section shall require payment of a $12.00 fee. Each master number287 |
|---|
| 330 | + | plate and any additional plates issued pursuant to this Code section shall be distinguished288 |
|---|
| 331 | + | from the number license plates provided for in this chapter by different and distinguishing289 |
|---|
| 332 | + | colors to be determined by the commissioner. The dealer plate for a franchise motor290 |
|---|
| 333 | + | vehicle dealer shall be distinguishable from the dealer plate for a used car dealer and from291 |
|---|
| 334 | + | the dealer plate for a motor vehicle wholesaler. Except as otherwise authorized by this292 |
|---|
| 335 | + | Code section, any master number plate or additional plates issued pursuant to this Code293 |
|---|
| 336 | + | section shall be for A dealer's number plate is the purpose of demonstrating or294 |
|---|
| 337 | + | transporting dealer's vehicles or trailers for sale or lease. Persons engaged in the business295 |
|---|
| 338 | + | of transporting vehicles for a dealer under a vehicle's own power shall be permitted to use296 |
|---|
| 339 | + | such dealer's plate for the purpose of transporting a vehicle."297 |
|---|
| 340 | + | "(c)(1) A broker licensed pursuant to Chapter 47 of Title 43 may apply for broker plates298 |
|---|
| 341 | + | on a form prescribed by the commissioner. Such plates shall be distinguishable from the299 |
|---|
| 342 | + | other plates issued pursuant to this Code section. This Code section shall not apply in300 |
|---|
| 343 | + | any manner to mopeds as such term is defined in Code Section 40-1-1.301 |
|---|
| 344 | + | (2) Broker plates shall be issued in the following manner:302 |
|---|
| 345 | + | (A) Brokers shall be issued one initial master plate; and303 |
|---|
| 346 | + | (B) In addition to the master plate issued to a broker in accordance with304 |
|---|
| 347 | + | subparagraph (A) of this paragraph, each broker may also be issued one additional plate305 |
|---|
| 348 | + | for every 40 units sold in a calendar year.306 |
|---|
| 349 | + | (3) In order to determine the additional number and classification of plates to be issued307 |
|---|
| 350 | + | to a broker, a broker shall be required to certify by affidavit to the department the number308 |
|---|
| 351 | + | of retail and wholesale units sold in the prior calendar year using the past motor vehicle309 |
|---|
| 352 | + | H. B. 1234 |
|---|
| 353 | + | - 12 - 24 LC 39 4170 |
|---|
| 354 | + | sales history of the broker as identified by department records of documentation approved310 |
|---|
| 355 | + | by the department.311 |
|---|
| 356 | + | (d) The license plates issued pursuant to this Code section shall be revoked and confiscated312 |
|---|
| 357 | + | upon a determination after a hearing that such broker, dealer, distributor, manufacturer, or313 |
|---|
| 358 | + | manufacturer headquarters has unlawfully used such license plates in violation of this Code314 |
|---|
| 359 | + | section.315 |
|---|
| 360 | + | (e) If a license plate issued pursuant to this Code section is lost or stolen, the broker,316 |
|---|
| 361 | + | dealer, manufacturer, distributor, manufacturer headquarters, or other party to whom the317 |
|---|
| 362 | + | license plate was issued must shall immediately report the lost or stolen plate to local law318 |
|---|
| 363 | + | enforcement agencies. If a replacement license plate is sought, the broker, dealer,319 |
|---|
| 364 | + | manufacturer, distributor, manufacturer headquarters, or other party to whom the license320 |
|---|
| 365 | + | plate was issued shall file a notarized affidavit with the department requesting a321 |
|---|
| 366 | + | replacement plate. Such affidavit shall certify under penalty of perjury that the license322 |
|---|
| 367 | + | plate has been lost or stolen and that the loss has been reported to a local law enforcement323 |
|---|
| 368 | + | agency.324 |
|---|
| 369 | + | (f)(1) Except as otherwise provided for in this Code section, the The expiration of a license325 |
|---|
| 370 | + | plate issued pursuant to this Code section shall be the last day of the registration period as326 |
|---|
| 371 | + | provided in division (a)(1)(A)(ii) of Code Section 40-2-21, except that for the purposes of327 |
|---|
| 372 | + | this subsection, the registration period shall be determined by the first letter of the legal328 |
|---|
| 373 | + | name of the business listed on the application for registration or renewal of registration. 329 |
|---|
| 374 | + | An application for renewal of registration shall not be submitted earlier than 90 days prior330 |
|---|
| 375 | + | to the last day of the registration period. A penalty of 25 percent of the total registration331 |
|---|
| 376 | + | fees due shall be assessed any person registering pursuant to this Code section who, prior332 |
|---|
| 377 | + | to the expiration of such person's registration period, fails to apply for renewal or if having333 |
|---|
| 378 | + | applied fails to pay the required fees.334 |
|---|
| 379 | + | (2) A transition period shall commence on October 1, 2007, and conclude on December335 |
|---|
| 380 | + | 31, 2007, for all existing registrations and any new registration applications presented336 |
|---|
| 381 | + | H. B. 1234 |
|---|
| 382 | + | - 13 - 24 LC 39 4170 |
|---|
| 383 | + | prior to January 1, 2008. On or after January 1, 2008, new applications for registration337 |
|---|
| 384 | + | shall be submitted and remain valid until the expiration of such registration as specified338 |
|---|
| 385 | + | in paragraph (1) of this subsection."339 |
|---|
| 386 | + | SECTION 6.340 |
|---|
| 387 | + | Said title is further amended in Code Section 40-3-33, relating to transfer of vehicle to or341 |
|---|
| 388 | + | from dealer, records to be kept by dealers, electronic filing, and application for title where342 |
|---|
| 389 | + | dealer located, by revising subsections (a) and (b) and adding new subsections to read as343 |
|---|
| 390 | + | follows:344 |
|---|
| 391 | + | "(a)(1) Except as provided in paragraph (2) of this subsection, a dealer who buys a345 |
|---|
| 392 | + | vehicle and holds it for resale need not apply to the commissioner for a new certificate346 |
|---|
| 393 | + | of title but may retain the delivered certificate delivered to him. Upon transferring the347 |
|---|
| 394 | + | vehicle to another person other than by the creation of a security interest, such dealer348 |
|---|
| 395 | + | shall promptly execute the assignment and warranty of title by a dealer. Such assignment349 |
|---|
| 396 | + | and warranty shall show the names and addresses of the transferee and any holder of a350 |
|---|
| 397 | + | security interest created or reserved at the time of the resale and the date of his the351 |
|---|
| 398 | + | security agreement, in the spaces provided therefor on the certificate or as the352 |
|---|
| 399 | + | commissioner prescribes. Transfers of vehicles under this Code section shall otherwise353 |
|---|
| 400 | + | conform with Code Section 40-3-32. A dealer selling a previously registered vehicle354 |
|---|
| 401 | + | which under this chapter need not have for which a certificate of title is not required355 |
|---|
| 402 | + | under this chapter need not furnish a purchaser of such a vehicle a certificate of title. 356 |
|---|
| 403 | + | After a previously registered vehicle has been brought under the terms of this chapter, a357 |
|---|
| 404 | + | dealer, when selling that vehicle, shall conform to all provisions of this chapter.358 |
|---|
| 405 | + | (2)(A) As used in this paragraph, the term 'franchise dealer' means a dealer who under359 |
|---|
| 406 | + | a contract or franchise agreement with a manufacturer, distributor, wholesaler, or360 |
|---|
| 407 | + | importer is authorized to sell new motor vehicles of or for such manufacturer,361 |
|---|
| 408 | + | distributor, wholesaler, or importer and who is authorized to use trademarks or service362 |
|---|
| 409 | + | H. B. 1234 |
|---|
| 410 | + | - 14 - 24 LC 39 4170 |
|---|
| 411 | + | marks associated with one or more makes of motor vehicles in connection with such |
|---|
| 412 | + | 363 |
|---|
| 413 | + | sales.364 |
|---|
| 414 | + | (B) A dealer who is not a franchise dealer who acquires a vehicle for which the original365 |
|---|
| 415 | + | certificate of title has not been issued and who holds such vehicle for resale shall not366 |
|---|
| 416 | + | be exempt from the requirement to obtain a certificate of title in such dealer's name as367 |
|---|
| 417 | + | provided in paragraph (1) of this subsection. Such dealer shall, as provided in Code368 |
|---|
| 418 | + | Section 40-3-32, obtain a certificate of title in such dealer's name prior to selling or369 |
|---|
| 419 | + | otherwise transferring said vehicle to any other person or dealer.370 |
|---|
| 420 | + | (b) Every dealer shall maintain a record, in the form the commissioner prescribes, of every371 |
|---|
| 421 | + | vehicle bought, sold, or exchanged by him, |
|---|
| 422 | + | or received by him for sale or exchange. Such372 |
|---|
| 423 | + | record shall be kept for three years and shall be open to inspection by a representative of373 |
|---|
| 424 | + | the commissioner during reasonable business hours. The information contained in records374 |
|---|
| 425 | + | maintained by a dealer pursuant to this subsection shall be an accurate representation of the375 |
|---|
| 426 | + | transaction, and no alternative versions of records shall be produced for a purchaser with376 |
|---|
| 427 | + | information which differs from that contained in records maintained for inspection by the377 |
|---|
| 428 | + | department."378 |
|---|
| 429 | + | "(f) The department shall be authorized to assess a civil penalty against a dealer of up to379 |
|---|
| 430 | + | $500.00 for each sales transaction conducted in violation of subsection (b) of this Code380 |
|---|
| 431 | + | section.381 |
|---|
| 432 | + | (g) The department is authorized to promulgate rules and regulations necessary to382 |
|---|
| 433 | + | effectuate the provisions of this Code section."383 |
|---|
| 434 | + | SECTION 7.384 |
|---|
| 435 | + | Code Section 43-47-8 of the Official Code of Georgia Annotated, relating to license385 |
|---|
| 436 | + | applications for used motor vehicle dealers and used motor vehicle parts dealers,386 |
|---|
| 437 | + | prerequisites, license fees, renewal, training or test, supplemental licenses, bonds, insurance,387 |
|---|
| 438 | + | H. B. 1234 |
|---|
| 439 | + | - 15 - 24 LC 39 4170 |
|---|
| 440 | + | suspension for conviction or false statement, and meetings, is amended by revising |
|---|
| 441 | + | 388 |
|---|
| 442 | + | subsections (b) and (c) as follows:389 |
|---|
| 443 | + | "(b) A division under this chapter shall not issue or renew any license unless the applicant390 |
|---|
| 444 | + | or holder thereof shall show that he or she maintains an established place of business as391 |
|---|
| 445 | + | defined in Code Section 43-47-2. Any used motor vehicle dealer other than a motor |
|---|
| 446 | + | 392 |
|---|
| 447 | + | vehicle broker shall demonstrate that such established place of business has adequate393 |
|---|
| 448 | + | square footage to store or display five or more used motor vehicles.394 |
|---|
| 449 | + | (c) All licenses issued under this chapter shall be renewable biennially. The license of a395 |
|---|
| 450 | + | used motor vehicle dealer who is a motor vehicle broker shall be renewable only upon396 |
|---|
| 451 | + | demonstration that such broker has negotiated the sale of at least five motor vehicles in the397 |
|---|
| 452 | + | previous calendar year. The divisions may establish continuing education requirements for398 |
|---|
| 453 | + | license renewals."399 |
|---|
| 454 | + | SECTION 8.400 |
|---|
| 455 | + | Code Section 48-5C-1 of the Official Code of Georgia Annotated, relating to alternative ad401 |
|---|
| 456 | + | valorem tax on motor vehicles, is amended by adding a new paragraph to subsection (a) and402 |
|---|
| 457 | + | revising paragraph (9) of subsection (d) as follows:403 |
|---|
| 458 | + | "(3.1) 'Passive entity' means a person, other than an individual, formed under the laws404 |
|---|
| 459 | + | of another state that does not have an established place of business in this state, owns no405 |
|---|
| 460 | + | real property, and conducts no trade or business other than the holding of assets for406 |
|---|
| 461 | + | investment and income."407 |
|---|
| 462 | + | "(9)(A) Any owner of any motor vehicle who fails to submit within 30 days of the date408 |
|---|
| 463 | + | such owner is required by law to register such vehicle in this state an application for a409 |
|---|
| 464 | + | first certificate of title under Code Section 40-3-21 or a certificate of title under Code410 |
|---|
| 465 | + | Section 40-3-32 shall be required to pay a penalty in the amount of 10 percent of the411 |
|---|
| 466 | + | state title ad valorem tax fees and 10 percent of the local title ad valorem tax fees412 |
|---|
| 467 | + | required under this Code section and, if such state and local title ad valorem tax fees413 |
|---|
| 468 | + | H. B. 1234 |
|---|
| 469 | + | - 16 - 24 LC 39 4170 |
|---|
| 470 | + | and the penalty are not paid within 60 days following the date such owner is required |
|---|
| 471 | + | 414 |
|---|
| 472 | + | by law to register such vehicle, interest at the rate of 1 percent per month shall be415 |
|---|
| 473 | + | imposed on the state and local title ad valorem tax fees due under this Code section,416 |
|---|
| 474 | + | unless a temporary permit has been issued by the tax commissioner. The tax417 |
|---|
| 475 | + | commissioner shall grant a temporary permit in the event the failure to timely apply for418 |
|---|
| 476 | + | a first certificate of title is due to the failure of a lienholder to comply with Code419 |
|---|
| 477 | + | Section 40-3-56, regarding release of a security interest or lien, and no penalty or420 |
|---|
| 478 | + | interest shall be assessed. Such penalty and interest shall be in addition to the penalty421 |
|---|
| 479 | + | and fee required under Code Section 40-3-21 or 40-3-32, as applicable.422 |
|---|
| 480 | + | (B) The penalties provided for in subparagraph (A) of this paragraph shall be double |
|---|
| 481 | + | 423 |
|---|
| 482 | + | for any resident of this state who owns at least 50 percent of a passive entity that owns424 |
|---|
| 483 | + | a motor vehicle that fails to submit within 60 days of the date such owner is required425 |
|---|
| 484 | + | by law to register such vehicle in this state an application for a first certificate of title426 |
|---|
| 485 | + | under Code Section 40-3-21 or a certificate of title under Code Section 40-3-32 and427 |
|---|
| 486 | + | register such vehicle."428 |
|---|
| 487 | + | SECTION 9.429 |
|---|
| 488 | + | This Act shall become effective on January 1, 2025.430 |
|---|
| 489 | + | SECTION 10.431 |
|---|
| 490 | + | All laws and parts of laws in conflict with this Act are repealed.432 |
|---|
| 491 | + | H. B. 1234 |
|---|
| 492 | + | - 17 - |
|---|