| 6 | | - | To amend Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to state,1 |
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| 7 | | - | county, and municipal road systems, so as to revise contracting procedures related to the2 |
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| 8 | | - | acquisition of certain professional services by counties and municipalities; to amend3 |
|---|
| 9 | | - | Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to public works4 |
|---|
| 10 | | - | bidding, so as to revise contracting procedures related to the acquisition of certain5 |
|---|
| 11 | | - | professional services by counties and municipalities; to provide definitions; to amend6 |
|---|
| 12 | | - | Chapter 22 of Title 50 of the Official Code of Georgia Annotated, relating to managerial7 |
|---|
| 13 | | - | control over acquisition of professional services, so as to expand such provisions to local8 |
|---|
| 14 | | - | governments; to provide for and revise definitions; to provide for related matters; to provide9 |
|---|
| 15 | | - | an effective date; to repeal conflicting laws; and for other purposes.10 |
|---|
| 16 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 |
|---|
| 17 | | - | SECTION 1.12 |
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| 18 | | - | Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to state, county, and13 |
|---|
| 19 | | - | municipal road systems, is amended by revising Code Section 32-4-63, relating to limitations14 |
|---|
| 20 | | - | on county power to contract and at least two estimates required for certain expenditures, as15 |
|---|
| 21 | | - | follows:16 |
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| 22 | | - | - 1 - 25 LC 47 3698S |
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| 23 | | - | "32-4-63.17 |
|---|
| 24 | | - | (a) A county is prohibited from negotiating a contract except a contract:18 |
|---|
| 25 | | - | (1) Involving the expenditure of less than $200,000.00;19 |
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| 26 | | - | (2) With a state agency or county or municipality with which a county is authorized to20 |
|---|
| 27 | | - | contract in accordance with the provisions of Code Sections 32-4-61 and 32-4-62;21 |
|---|
| 28 | | - | (3) For the purchase of those materials, supplies, and equipment necessary for the22 |
|---|
| 29 | | - | county's construction and maintenance of its public roads and for the support and23 |
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| 30 | | - | maintenance of the county's forces used in such work, as authorized by Chapter 91 of24 |
|---|
| 31 | | - | Title 36;25 |
|---|
| 32 | | - | (4) Subject to Article 6 of Chapter 6 of this title, with a railroad or railway company or26 |
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| 33 | | - | a publicly or privately owned utility concerning relocation of its line, tracks, or facilities27 |
|---|
| 34 | | - | where the same are not then located in a public road and such relocation or28 |
|---|
| 35 | | - | grade-crossing elimination is necessary as an incident to the construction of a new public29 |
|---|
| 36 | | - | road or to the reconstruction or maintenance of an existing public road. Nothing30 |
|---|
| 37 | | - | contained in this paragraph shall be construed as requiring a county to furnish a site or31 |
|---|
| 38 | | - | right of way for railroad or railway lines or tracks of public utility facilities required to32 |
|---|
| 39 | | - | be removed from a public road;33 |
|---|
| 40 | | - | (5) For engineering or other kinds of professional or specialized services;34 |
|---|
| 41 | | - | (6) For emergency maintenance requiring immediate repairs to a public road, including35 |
|---|
| 42 | | - | but not limited to bridge repairs, snow and ice removal, and repairs due to flood36 |
|---|
| 43 | | - | conditions;37 |
|---|
| 44 | | - | (7) Otherwise expressly authorized by law; or38 |
|---|
| 45 | | - | (8) That is a design-build contract as provided for in Code Section 32-4-74.39 |
|---|
| 46 | | - | (b) Except as provided for in subsection (c) of this Code section, no No contract involving40 |
|---|
| 47 | | - | an expenditure of more than $20,000.00 but less than $200,000.00 shall be awarded under41 |
|---|
| 48 | | - | this Code section without the submission of at least two estimates.42 |
|---|
| 49 | | - | - 2 - 25 LC 47 3698S |
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| 50 | | - | (c) A county shall use the process required by Code Section 36-91-3 for the acquisition of43 |
|---|
| 51 | | - | the professional services of architects, interior designers, land surveyors, landscape44 |
|---|
| 52 | | - | architects, and professional engineers, and the contracts for such services shall not be45 |
|---|
| 53 | | - | subject to subsection (b) of this Code section."46 |
|---|
| 54 | | - | SECTION 2.47 |
|---|
| 55 | | - | Said chapter is further amended by revising Code Section 32-4-113, relating to limitations48 |
|---|
| 56 | | - | on municipal power to contract and at least two estimates required for certain expenditures,49 |
|---|
| 57 | | - | as follows:50 |
|---|
| 58 | | - | "32-4-113.51 |
|---|
| 59 | | - | (a) A municipality is prohibited from negotiating a contract except a contract:52 |
|---|
| 60 | | - | (1) Involving the expenditure of less than $200,000.00;53 |
|---|
| 61 | | - | (2) With a state agency or political subdivision as authorized by Code Sections 32-4-11154 |
|---|
| 62 | | - | and 32-4-112;55 |
|---|
| 63 | | - | (3) With a railroad or railway company or a publicly or privately owned utility as56 |
|---|
| 64 | | - | authorized by Article 6 of Chapter 6 of this title;57 |
|---|
| 65 | | - | (4) For engineering or other kinds of professional or specialized services;58 |
|---|
| 66 | | - | (5) For emergency maintenance requiring immediate repairs to a public road, including59 |
|---|
| 67 | | - | but not limited to bridge repairs, snow and ice removal, and repairs due to flood60 |
|---|
| 68 | | - | conditions; or61 |
|---|
| 69 | | - | (6) Otherwise expressly authorized by law.62 |
|---|
| 70 | | - | (b) Except as provided for in subsection (c) of this Code section, no No contract involving63 |
|---|
| 71 | | - | an expenditure of more than $20,000.00 but less than $200,000.00 shall be awarded under64 |
|---|
| 72 | | - | this Code section without the submission of at least two estimates.65 |
|---|
| 73 | | - | (c) A municipality shall use the process required by Code Section 36-91-3 for the66 |
|---|
| 74 | | - | acquisition of the professional services of architects, interior designers, land surveyors,67 |
|---|
| 75 | | - | - 3 - 25 LC 47 3698S |
|---|
| 76 | | - | landscape architects, and professional engineers, and the contracts for such services shall68 |
|---|
| 77 | | - | not be subject to subsection (b) of this Code section."69 |
|---|
| 78 | | - | SECTION 3.70 |
|---|
| 79 | | - | Chapter 91 of Title 36 of the Official Code of Georgia Annotated, relating to public works71 |
|---|
| 80 | | - | bidding, is amended by adding a new Code section to read as follows:72 |
|---|
| 81 | | - | "36-91-3.73 |
|---|
| 82 | | - | (a) As used in this Code section, the term: 74 |
|---|
| 83 | | - | (1) 'Local government' means a county, municipality, or consolidated government.75 |
|---|
| 84 | | - | (2) 'Professional services' shall have the same meaning as set forth in Code76 |
|---|
| 85 | | - | Section 50-22-2.77 |
|---|
| 86 | | - | (b) The purpose of this Code section is to provide the competitive process for local78 |
|---|
| 87 | | - | governments to acquire professional services on the basis of demonstrated competence and79 |
|---|
| 88 | | - | qualification for the type or types of professional services required at fair and reasonable80 |
|---|
| 89 | | - | fees.81 |
|---|
| 90 | | - | (c) Except as otherwise provided in this Code section, a local government shall use the82 |
|---|
| 91 | | - | process provided for in Chapter 22 of Title 50 for the acquisition of professional services83 |
|---|
| 92 | | - | for any project requiring professional services estimated by the local government to have84 |
|---|
| 93 | | - | a cost in excess of the amounts provided in paragraph (5) of Code Section 50-22-2.85 |
|---|
| 94 | | - | (d) The qualifications which may be considered by a local government in the evaluation86 |
|---|
| 95 | | - | of proposals for professional services shall be determined in the sole and absolute87 |
|---|
| 96 | | - | discretion of that local government based on the specific project for which professional88 |
|---|
| 97 | | - | services are required and shall be set forth in the publicly advertised request for proposals. 89 |
|---|
| 98 | | - | Qualification criteria may include, but are not limited to, the ability of professional90 |
|---|
| 99 | | - | personnel, past performance with the local government, willingness to meet time91 |
|---|
| 100 | | - | requirements, project location, office location, the professional's current and projected92 |
|---|
| 101 | | - | workloads, the professional's approach to the project, quality control procedures, the93 |
|---|
| 102 | | - | - 4 - 25 LC 47 3698S |
|---|
| 103 | | - | volume of work previously awarded to the professional, and familiarity with local94 |
|---|
| 104 | | - | considerations or procedures.95 |
|---|
| 105 | | - | (e) In the event that a local government receives only one response to a request for96 |
|---|
| 106 | | - | proposals for professional services, the local government may commence negotiations with97 |
|---|
| 107 | | - | the sole responsive offeror upon closure of the advertised response period.98 |
|---|
| 108 | | - | (f) No local government shall require cost estimates for professional services as part of,99 |
|---|
| 109 | | - | or concurrent with, the submission of information required by Code Section 50-22-4 or100 |
|---|
| 110 | | - | prior to the commencement of negotiations pursuant to Code Section 50-22-6.101 |
|---|
| 111 | | - | (g) A local government may enter into multiparty on-demand services contracts for a102 |
|---|
| 112 | | - | specifically delineated range of professional services with multiple providers so long as103 |
|---|
| 113 | | - | such providers are competitively selected for such contracts based solely on qualifications104 |
|---|
| 114 | | - | under the provisions of this Code section.105 |
|---|
| 115 | | - | (h) A local government having a satisfactory existing working relationship, as determined106 |
|---|
| 116 | | - | at the sole discretion of such local government, with a professional services provider may107 |
|---|
| 117 | | - | expand the scope of those services with such provider so long as such expanded services108 |
|---|
| 118 | | - | are within the technical competency of the existing provider. Nothing in this Code section109 |
|---|
| 119 | | - | shall be construed to prohibit a continuing contract between a local government and a110 |
|---|
| 120 | | - | professional services provider."111 |
|---|
| 121 | | - | SECTION 4.112 |
|---|
| 122 | | - | Chapter 22 of Title 50 of the Official Code of Georgia Annotated, relating to managerial113 |
|---|
| 123 | | - | control over acquisition of professional services, is amended by revising Code Section114 |
|---|
| 124 | | - | 50-22-1, relating to purpose and policy, as follows:115 |
|---|
| 125 | | - | "50-22-1.116 |
|---|
| 126 | | - | The purpose of this chapter is to provide managerial control by the state and local117 |
|---|
| 127 | | - | governments over the acquisition of the professional services provided by architects,118 |
|---|
| 128 | | - | professional engineers, landscape architects, land surveyors, and interior designers. It is119 |
|---|
| 129 | | - | - 5 - 25 LC 47 3698S |
|---|
| 130 | | - | declared to be the policy of this state to announce publicly requirements for such120 |
|---|
| 131 | | - | professional services, to encourage all qualified persons to put themselves in a position to121 |
|---|
| 132 | | - | be considered for a contract, and to enter into contracts for such professional services on122 |
|---|
| 133 | | - | the basis of demonstrated competence and qualification for the types of professional123 |
|---|
| 134 | | - | services required at fair and reasonable fees."124 |
|---|
| 135 | | - | SECTION 5.125 |
|---|
| 136 | | - | Said chapter is further amended by revising Code Section 50-22-2, relating to definitions, as126 |
|---|
| 137 | | - | follows:127 |
|---|
| 138 | | - | "50-22-2.128 |
|---|
| 139 | | - | As used in this chapter, the term:129 |
|---|
| 140 | | - | (1) 'Agency' means every state department, agency, board, bureau, commission, and130 |
|---|
| 141 | | - | authority, unless otherwise exempted under the provisions of subsection (b) of Code131 |
|---|
| 142 | | - | Section 50-22-7 a state agency or a local government.132 |
|---|
| 143 | | - | (1.1) 'Local government' means a county, municipality, or consolidated government.133 |
|---|
| 144 | | - | (2) 'Person' means an individual, a corporation, a partnership, a business trust, an134 |
|---|
| 145 | | - | association, a firm, or any other legal entity.135 |
|---|
| 146 | | - | (2.1) 'Predesign' means that phase of an activity where requirements programming, site136 |
|---|
| 147 | | - | analysis, and other appropriate studies are conducted to develop essential information,137 |
|---|
| 148 | | - | including cost estimates, to support and advance the decision-making process prior to the138 |
|---|
| 149 | | - | design and implementation phases of an activity.139 |
|---|
| 150 | | - | (3) 'Principal representative' means:140 |
|---|
| 151 | | - | (A) The the governing board of a state agency or the executive head of a state agency;141 |
|---|
| 152 | | - | or142 |
|---|
| 153 | | - | (B) The governing authority or designated officer, official, or employee of a local143 |
|---|
| 154 | | - | government144 |
|---|
| 155 | | - | who is authorized to contract for the agency for professional services.145 |
|---|
| 156 | | - | - 6 - 25 LC 47 3698S |
|---|
| 157 | | - | (4) 'Professional services' means those services within the scope of the following:146 |
|---|
| 158 | | - | (A) The practice of architecture, as defined in paragraph (11) of Code Section 43-4-1;147 |
|---|
| 159 | | - | (B) The practice of registered interior design, as defined in Code Section 43-4-30;148 |
|---|
| 160 | | - | (C) The practice of professional engineering, as defined in paragraph (11) of Code149 |
|---|
| 161 | | - | Section 43-15-2;150 |
|---|
| 162 | | - | (D) The practice of land surveying, as defined in paragraph (6) of Code151 |
|---|
| 163 | | - | Section 43-15-2; or152 |
|---|
| 164 | | - | (E) The practice of landscape architecture, as defined in paragraph (3) of Code153 |
|---|
| 165 | | - | Section 43-23-1.154 |
|---|
| 166 | | - | (5) 'Project' means any activity requiring professional services estimated by the state155 |
|---|
| 167 | | - | agency to have:156 |
|---|
| 168 | | - | (A) A preliminary construction cost estimate in excess of $1 million; or157 |
|---|
| 169 | | - | (B) Costs for professional services in excess of $75,000.00.158 |
|---|
| 170 | | - | (6) 'State agency' means every state department, agency, board, bureau, commission, and159 |
|---|
| 171 | | - | authority, unless otherwise exempted under the provisions of subsection (b) of Code160 |
|---|
| 172 | | - | Section 50-22-7."161 |
|---|
| 173 | | - | SECTION 6.162 |
|---|
| 174 | | - | Said chapter is further amended by revising Code Section 50-22-4, relating to submission of163 |
|---|
| 175 | | - | information to state agency by persons desiring to provide professional services and164 |
|---|
| 176 | | - | preliminary selections, as follows:165 |
|---|
| 177 | | - | "50-22-4.166 |
|---|
| 178 | | - | (a) Any person desiring to provide professional services to a state an agency shall submit167 |
|---|
| 179 | | - | to the agency a statement of qualifications and performance data and such other168 |
|---|
| 180 | | - | information as may be required by the agency. The agency may request such person to169 |
|---|
| 181 | | - | update such statement periodically in order to reflect changed conditions in the status of170 |
|---|
| 182 | | - | such person.171 |
|---|
| 183 | | - | - 7 - 25 LC 47 3698S |
|---|
| 184 | | - | (b) For each proposed project for which professional services are required, the principal172 |
|---|
| 185 | | - | representative or his or her designee of the state agency for which the project is to be done173 |
|---|
| 186 | | - | shall evaluate statements of qualifications and performance data as required in the public174 |
|---|
| 187 | | - | notice provided for in Code Section 50-22-3 and shall conduct discussions with not less175 |
|---|
| 188 | | - | than three persons regarding their qualifications, approaches to the project, abilities to176 |
|---|
| 189 | | - | furnish the required professional services, anticipated design concepts, and use of177 |
|---|
| 190 | | - | alternative methods of approach for furnishing the required professional services. The178 |
|---|
| 191 | | - | principal representative or his or her designee shall then select not less than three nor more179 |
|---|
| 192 | | - | than five persons deemed to be most highly qualified to perform the required professional180 |
|---|
| 193 | | - | services after considering, and based upon, such factors as the ability of professional181 |
|---|
| 194 | | - | personnel, past performance, willingness to meet time requirements, project location, office182 |
|---|
| 195 | | - | location, the professional's current and projected workloads, the professional's approach,183 |
|---|
| 196 | | - | quality control procedures, the volume of work previously awarded to the person by the184 |
|---|
| 197 | | - | state agency, and the extent to which said persons have and will involve minority185 |
|---|
| 198 | | - | subcontractors, with the object of effecting an equitable distribution of contracts among186 |
|---|
| 199 | | - | qualified persons as so long as such distribution does not violate the principle of selection187 |
|---|
| 200 | | - | of the most highly qualified person. In selection, as mentioned in this Code section,188 |
|---|
| 201 | | - | persons who maintain an office in Georgia shall be given preference when qualifications189 |
|---|
| 202 | | - | appear to be equal."190 |
|---|
| 203 | | - | SECTION 7.191 |
|---|
| 204 | | - | Said chapter is further amended by revising Code Section 50-22-7, relating to exemptions192 |
|---|
| 205 | | - | from requirements and construction with Code Section 50-6-25, as follows:193 |
|---|
| 206 | | - | "50-22-7.194 |
|---|
| 207 | | - | (a) Notwithstanding any other provisions of this chapter, there shall be no public notice195 |
|---|
| 208 | | - | requirement or utilization of the selection process as provided for in this chapter for196 |
|---|
| 209 | | - | projects in which the state agency is able to reuse existing drawings, specifications,197 |
|---|
| 210 | | - | - 8 - 25 LC 47 3698S |
|---|
| 211 | | - | designs, or other documents from a prior project by retention of the person who provided198 |
|---|
| 212 | | - | the professional services and who prepared the original documents.199 |
|---|
| 213 | | - | (b) Notwithstanding any other provisions of this chapter, the Board of Regents and200 |
|---|
| 214 | | - | University System of Georgia shall be exempt from the provisions of this chapter.201 |
|---|
| 215 | | - | (c) The provisions of Code Section 50-6-25, relating to the eligibility of architectural and202 |
|---|
| 216 | | - | engineering firms to do business with the state, shall not be affected or superseded by the203 |
|---|
| 217 | | - | provisions of this chapter.204 |
|---|
| 218 | | - | (d) Notwithstanding any other provisions of this chapter, there shall be no public notice205 |
|---|
| 219 | | - | requirement or utilization of the selection process as provided for in this chapter for206 |
|---|
| 220 | | - | services required for the predesign phase of any state agency construction project unless207 |
|---|
| 221 | | - | the state agency estimates the predesign phase alone to have costs for professional services208 |
|---|
| 222 | | - | in excess of $75,000.00. No award of a contract to provide predesign services under this209 |
|---|
| 223 | | - | exemption shall be interpreted to preclude the lawful necessity to give public notice and210 |
|---|
| 224 | | - | use the selection process for design of projects meeting the criteria of paragraph (5) of211 |
|---|
| 225 | | - | Code Section 50-22-2. Costs for predesign services, whether or not those services are212 |
|---|
| 226 | | - | exempt under this subsection, shall be added to any other costs of an activity for purposes213 |
|---|
| 227 | | - | of determining whether the activity is a project."214 |
|---|
| 228 | | - | SECTION 8.215 |
|---|
| 229 | | - | Said chapter is further amended by revising Code Section 50-22-8, relating to rules and216 |
|---|
| 230 | | - | regulations, as follows:217 |
|---|
| 231 | | - | "50-22-8.218 |
|---|
| 232 | | - | A state agency shall be authorized to promulgate rules and regulations to carry out the219 |
|---|
| 233 | | - | provisions of this chapter. A local government shall be authorized to adopt ordinances,220 |
|---|
| 234 | | - | resolutions, or regulations to carry out the provisions of this chapter."221 |
|---|
| 235 | | - | - 9 - 25 LC 47 3698S |
|---|
| 236 | | - | SECTION 9.222 |
|---|
| 237 | | - | This Act shall become effective on July 1, 2026.223 |
|---|
| 238 | | - | SECTION 10.224 |
|---|
| 239 | | - | All laws and parts of laws in conflict with this Act are repealed.225 |
|---|
| 240 | | - | - 10 - |
|---|
| 17 | + | To amend Subpart 1 of Part 4 of Article 2 of Chapter 2 of Title 8 of the Official Code of |
|---|
| 18 | + | 1 |
|---|
| 19 | + | Georgia Annotated, relating to general provisions for manufactured or mobile homes, so as2 |
|---|
| 20 | + | to provide for limited exceptions to circumstances under which a manufactured home shall3 |
|---|
| 21 | + | become real property; to provide for preservation of rights and remedies of prior holders of4 |
|---|
| 22 | + | a lien or security interest in certain manufactured homes; to provide for notice and5 |
|---|
| 23 | + | application requirements; to provide for related matters; to provide for an effective date and6 |
|---|
| 24 | + | applicability; to repeal conflicting laws; and for other purposes.7 |
|---|
| 25 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
|---|
| 26 | + | SECTION 1.9 |
|---|
| 27 | + | Subpart 1 of Part 4 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia10 |
|---|
| 28 | + | Annotated, relating to general provisions for manufactured or mobile homes, is amended by11 |
|---|
| 29 | + | revising Code Section 8-2-181, relating to manufactured home as personal property,12 |
|---|
| 30 | + | requirements for real property status, and requirements for Certificate of Permanent13 |
|---|
| 31 | + | Location, as follows:14 |
|---|
| 32 | + | H. B. 377 |
|---|
| 33 | + | - 1 - 25 LC 49 2079 |
|---|
| 34 | + | "8-2-181. |
|---|
| 35 | + | 15 |
|---|
| 36 | + | (a) Except as provided in Subpart 1A of this part |
|---|
| 37 | + | subsections (c) through (f) of Code16 |
|---|
| 38 | + | Section 8-2-183 and Code Section 8-2-183.1, a manufactured home shall constitute17 |
|---|
| 39 | + | personal property and shall be subject to the 'Motor Vehicle Certificate of Title Act,'18 |
|---|
| 40 | + | Chapter 3 of Title 40, until such time as the home is converted to real property as provided19 |
|---|
| 41 | + | for in this part or as provided in Subpart 1A of this part.20 |
|---|
| 42 | + | (b) Except as otherwise provided in this subpart, a A manufactured home shall become21 |
|---|
| 43 | + | real property if:22 |
|---|
| 44 | + | (1) The home is or is to be permanently affixed on real property and one or more persons23 |
|---|
| 45 | + | with an ownership interest in the home also has an ownership interest in such real24 |
|---|
| 46 | + | property; and25 |
|---|
| 47 | + | (2) The owner of the home and the holders of all security interests therein execute and26 |
|---|
| 48 | + | file executes and files a Certificate of Permanent Location:27 |
|---|
| 49 | + | (A) In the real estate records of the county where the real property is located; and28 |
|---|
| 50 | + | (B) With the commissioner.29 |
|---|
| 51 | + | (c) The Certificate of Permanent Location shall be in a form prescribed by the30 |
|---|
| 52 | + | commissioner and shall include:31 |
|---|
| 53 | + | (1) The name and address of the owner of the home;32 |
|---|
| 54 | + | (2) The names and addresses of the holders of any security interest in and of any lien33 |
|---|
| 55 | + | upon the home;34 |
|---|
| 56 | + | (3) The title number assigned to the home;35 |
|---|
| 57 | + | (4) A description of the real estate on which the home is or is to be located, including the36 |
|---|
| 58 | + | name of the owner and a reference by deed book and page number to the chain of title of37 |
|---|
| 59 | + | such real property; and38 |
|---|
| 60 | + | (5) Any other data the commissioner prescribes."39 |
|---|
| 61 | + | H. B. 377 |
|---|
| 62 | + | - 2 - 25 LC 49 2079 |
|---|
| 63 | + | SECTION 2. |
|---|
| 64 | + | 40 |
|---|
| 65 | + | Said subpart is further amended by revising Code Section 8-2-182, relating to recording of41 |
|---|
| 66 | + | Certificate of Permanent Location, responsibilities of commissioner, and notification to tax42 |
|---|
| 67 | + | assessors, as follows:43 |
|---|
| 68 | + | "8-2-182.44 |
|---|
| 69 | + | (a) When a Certificate of Permanent Location is properly filed with the clerk of superior45 |
|---|
| 70 | + | court, the clerk shall record such certificate in the same manner as other instruments46 |
|---|
| 71 | + | affecting the real property described in the Certificate of Permanent Location and shall47 |
|---|
| 72 | + | charge and collect the fees usually charged for recording deeds and other instruments48 |
|---|
| 73 | + | relating to real estate. Such certificate shall be indexed under the name of the current49 |
|---|
| 74 | + | owner of the real property in both the grantor and grantee indexes. The clerk shall provide50 |
|---|
| 75 | + | the owner with a certified copy of the Certificate of Permanent Location, reflecting its51 |
|---|
| 76 | + | filing, and shall charge and collect the fees usually charged for the provision of certified52 |
|---|
| 77 | + | copies of documents relating to real estate.53 |
|---|
| 78 | + | (b) Upon receipt of a certified copy of a properly executed Certificate of Permanent54 |
|---|
| 79 | + | Location, along with the certificate of title, the commissioner shall file and retain a copy55 |
|---|
| 80 | + | of such Certificate of Permanent Location together with all other prior title records related56 |
|---|
| 81 | + | to the home. When a properly executed Certificate of Permanent Location has once been57 |
|---|
| 82 | + | filed, the commissioner shall accept no further title filings with respect to that home, except58 |
|---|
| 83 | + | as may be necessary to correct any errors in the department's records and except as59 |
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| 84 | + | provided in subsections (d) and (e) of Code Section 20-2-183 and |
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| 85 | + | Subparts 2 and 3 of this60 |
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| 86 | + | part.61 |
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| 87 | + | (c) When a Certificate of Permanent Location is so filed, the commissioner shall issue:62 |
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| 88 | + | (1) Issue to the clerk of the superior court with whom the original Certificate of63 |
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| 89 | + | Permanent Location was filed confirmation by the commissioner that the Certificate of64 |
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| 90 | + | Permanent Location has been so filed and the certificate of title has been surrendered; and65 |
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| 91 | + | H. B. 377 |
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| 92 | + | - 3 - 25 LC 49 2079 |
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| 93 | + | (2) Notify the holders of all security interests listed on the Certificate of Permanent66 |
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| 94 | + | Location or otherwise listed in the commissioner's records that a Certificate of Permanent67 |
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| 95 | + | Location has been filed and the certificate of title has been surrendered. Such notification68 |
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| 96 | + | shall be in writing and sent to each holder of a security interest at the address shown on69 |
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| 97 | + | the certificate of title or otherwise listed in the commissioner's records.70 |
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| 98 | + | (d) Upon receipt of confirmation of the filing of the Certificate of Permanent Location71 |
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| 99 | + | from the commissioner, the clerk of superior court shall provide a copy of the Certificate72 |
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| 100 | + | of Permanent Location to the appropriate board of tax assessors or such other local official73 |
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| 101 | + | as is responsible for the valuation of real property."74 |
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| 102 | + | SECTION 3.75 |
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| 103 | + | Said subpart is further amended by revising Code Section 8-2-183, relating to status of home76 |
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| 104 | + | as part of real property, as follows:77 |
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| 105 | + | "8-2-183.78 |
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| 106 | + | (a) When a Certificate of Permanent Location has been properly filed with the clerk of79 |
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| 107 | + | superior court, a certified copy of the Certificate of Permanent Location is properly filed80 |
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| 108 | + | with the commissioner, and the certificate of title is surrendered, the home shall become81 |
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| 109 | + | for all legal purposes a part of the real property on which it is located. Without limiting the82 |
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| 110 | + | generality of the foregoing, the home shall be subject to transfer by the owner of the real83 |
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| 111 | + | property, subject to any security interest in the real property and subject to foreclosure of84 |
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| 112 | + | any such interest, in the same manner as and together with the underlying real property.85 |
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| 113 | + | (b) When a home has become a part of the real property as provided in this part, it shall86 |
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| 114 | + | be unlawful for any person to remove such home from the real property except with the87 |
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| 115 | + | written consent of the owner of the real property and the holders of all security interests in88 |
|---|
| 116 | + | the real property and in strict compliance with the requirements of Subpart 2 of this part. 89 |
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| 117 | + | Any person who violates this subsection shall be guilty of a misdemeanor of a high and90 |
|---|
| 118 | + | aggravated nature.91 |
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| 119 | + | H. B. 377 |
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| 120 | + | - 4 - 25 LC 49 2079 |
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| 121 | + | (c) Notwithstanding subsections (a) and (b) of this Code Section or any other provision of92 |
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| 122 | + | law to the contrary, the filing of a Certificate of Permanent Location with the clerk of the93 |
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| 123 | + | superior court, the filing of a certified copy of the Certificate of Permanent Location with94 |
|---|
| 124 | + | the commissioner, and the surrender of a certificate of title as provided in this subpart shall95 |
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| 125 | + | not impair the rights and remedies of a prior holder of a lien or security interest in a home96 |
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| 126 | + | until such lien or security interest has been paid off or satisfied. Such prior holder shall97 |
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| 127 | + | continue to have all rights and remedies provided by law and by contract in such home as98 |
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| 128 | + | if such home is classified as personal property and shall continue to have priority in such99 |
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| 129 | + | home, including the same priority against encumbrancers or owners of the real property100 |
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| 130 | + | that such prior holder had when such home was classified as personal property. A prior101 |
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| 131 | + | holder exercising such personal property rights and remedies as described in this subsection102 |
|---|
| 132 | + | may remove the home from the real property where it is located without the prior written103 |
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| 133 | + | consent of the owner of such real property or the written consent of the holders of security104 |
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| 134 | + | interests in such real property and without complying with the requirements of Subpart 2105 |
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| 135 | + | of this part.106 |
|---|
| 136 | + | (d) Notwithstanding any other provision of law to the contrary, a holder of a lien or107 |
|---|
| 137 | + | security interest in a home exercising personal property remedies as described in subsection108 |
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| 138 | + | (c) of this Code section may apply for a certificate of title in such home as provided in109 |
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| 139 | + | subsection (a) of Code Section 40-3-34, except the last certificate of title shall not be110 |
|---|
| 140 | + | required in connection with such application. The commissioner or the commissioner's111 |
|---|
| 141 | + | duly authorized county tag agent shall issue a new certificate of title to such holder making112 |
|---|
| 142 | + | an application as provided in Code Section 40-3-35, and such home shall be treated as113 |
|---|
| 143 | + | personal property for all purposes until later converted to real property as provided for in114 |
|---|
| 144 | + | this subpart.115 |
|---|
| 145 | + | (e) Notwithstanding any other provision of law to the contrary, a transferee acquiring a116 |
|---|
| 146 | + | home from a holder of a lien or security interest in such home exercising personal property117 |
|---|
| 147 | + | remedies as described in subsection (c) of this Code section may apply for a certificate of118 |
|---|
| 148 | + | H. B. 377 |
|---|
| 149 | + | - 5 - 25 LC 49 2079 |
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| 150 | + | title in such home, as provided in subsection (b) of Code Section 40-3-34, except the last119 |
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| 151 | + | certificate of title shall not be required in connection with such application. The120 |
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| 152 | + | commissioner or the commissioner's duly authorized county tag agent shall issue a new121 |
|---|
| 153 | + | certificate of title to the person making such application as provided in Code122 |
|---|
| 154 | + | Section 40-3-35, and such home shall be treated as personal property for all purposes until123 |
|---|
| 155 | + | later converted to real property as provided for in this subpart.124 |
|---|
| 156 | + | (f) Notwithstanding subsections (a) and (b) of this Code Section or any other provision of125 |
|---|
| 157 | + | law to the contrary, the filing of a Certificate of Permanent Location with the clerk of the126 |
|---|
| 158 | + | superior court, the filing of a certified copy of the Certificate of Permanent Location with127 |
|---|
| 159 | + | the commissioner, and the surrender of a certificate of title under this subpart shall not128 |
|---|
| 160 | + | impose additional licensing, affirmative conduct, or prohibited acts on the holder of a129 |
|---|
| 161 | + | personal property lien or security interest on a home or such holder's service providers or130 |
|---|
| 162 | + | agents."131 |
|---|
| 163 | + | SECTION 4.132 |
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| 164 | + | This Act shall become effective on July 1, 2025, and shall apply to all contracts entered into133 |
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| 165 | + | on or after such date.134 |
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| 166 | + | SECTION 5.135 |
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| 167 | + | All laws and parts of laws in conflict with this Act are repealed.136 |
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| 168 | + | H. B. 377 |
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| 169 | + | - 6 - |
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