25 HB 551/AP
House Bill 551 (AS PASSED HOUSE AND SENATE)
By: Representatives Ridley of the 6
th
, Corbett of the 174
th
, Jasperse of the 11
th
, Mathis of the
133
rd
, and Jones of the 25
th
A BILL TO BE ENTITLED
AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and
1
traffic, so as to provide for conditions, procedures, and limitations for issuance of temporary2
operating permits for motor vehicles; to revise provisions relative to the operation of an3
unregistered motor vehicle or vehicle without a current license plate, revalidation decal,4
county decal, or temporary operating permit; to authorize the development and maintenance5
by third parties of an electronic temporary operating permit issuance system for issuance of6
temporary operating permits; to provide for utilization of such system by dealers for issuance7
of temporary operating permits; to provide for the suspension of access to such system by8
the department for certain violations; to provide standards for the issuance of dealer master9
plates; to authorize access to certain information with the State Board of Registration of10
Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers for certain purposes; to11
revise and provide for a definition; to provide for notice and hearings; to amend Code12
Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative13
to used motor vehicle and used motor vehicle parts dealers, so as to revise the definition of14
established place of business; to amend Chapter 1 of Title 44 of the Official Code of Georgia15
Annotated, relating to general provisions relative to property, so as to authorize the 16
regulation of motor vehicle immobilization operators by the Department of Public Safety;17
to limit the immobilization of trespassing vehicles to jurisdictions that have authorized such18
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activity by ordinance or resolution; to provide for fees; to provide for notice requirements;
19
to provide for licenses; to remove authority to impose a civil penalty; to amend Code Section20
48-5C-1 of the Official Code of Georgia Annotated, relating to alternative ad valorem tax on21
motor vehicles, so as to provide for enhanced penalty for an owner of a passive entity that22
fails to pay alternative ad valorem tax; to provide for a definition; to provide for an effective23
date; to provide for related matters; to repeal conflicting laws; and for other purposes.24
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:25
SECTION 1.26
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is27
amended by revising Code Section 40-2-8, relating to operation of unregistered vehicle or28
vehicle without current license plate, revalidation decal, or county decal and temporary29
operating permit issued by dealers of new or used motor vehicles, as follows:30
"40-2-8.31
(a) No person shall own, rent, lease, or operate any vehicle required to be registered
32
pursuant to Code Section 40-2-20 upon a highway in this state without registering such33
vehicle. Any person who becomes a resident of this state shall register his or her vehicle34
within 30 days of becoming a resident. Any person who fails to comply with this35
subsection shall be guilty of a misdemeanor and punished by a fine of $100.00 for each day36
in which the vehicle is in violation. Any person owning or operating any vehicle described37
in Code Section 40-2-20 on any public highway or street without complying with that Code38
section shall be guilty of a misdemeanor, provided that a person shall register his or her39
motor vehicle within 30 days after becoming a resident of this state. Any person renting,40
leasing, or loaning any vehicle described in Code Section 40-2-20 which is being used on41
any public highway or street without complying with that Code section shall be guilty of42
a misdemeanor and, upon conviction thereof, shall be punished by a fine of $100.00 for43
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each violation; and each day that such vehicle is operated in violation of Code Section44
40-2-20 shall be deemed to be a separate and distinct offense.45
(b)(1) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle46
required to be registered in this state pursuant to Code Section 40-2-20 without a valid47
numbered license plate properly validated with a current revalidation decal, unless such48
operation is otherwise permitted under this chapter; and provided, further, that the49
purchaser of a new vehicle or a used vehicle from a dealer of new or used motor vehicles50
who displays a temporary operating permit issued as provided by paragraph (2) of this51
subsection Code Section 40-2-8.1 may operate such vehicle on the public highways and52
streets of this state without a current valid license plate during the period within which53
the purchaser is required by Code Section authorized by Code Sections 40-2-8.154
and 40-2-20. An owner acquiring a motor vehicle from an entity that is not a new or used55
vehicle dealer shall register such vehicle as provided for in Code Section 40-2-29 unless56
such vehicle is to be registered under the International Registration Plan pursuant to57
Article 3A of this chapter.58
(2)(A) Any dealer of new or used motor vehicles shall issue to the purchaser of a59
vehicle at the time of sale thereof, unless such vehicle is to be registered under the60
International Registration Plan, a temporary operating permit as provided for by61
department rules or regulations which may bear the dealer's name and location and shall62
bear an expiration date 45 days from the date of purchase. The expiration date of such63
a temporary operating permit may be revised and extended by the county tag agent64
upon application by the dealer, the purchaser, or the transferee if an extension of the65
purchaser's initial registration period has been granted as provided by Code66
Section 40-2-20. Such temporary operating permit shall not resemble a license plate67
issued by this state and shall be issued without charge or fee. The requirements of this68
paragraph shall not apply to a dealer whose primary business is the sale of salvage69
motor vehicles and other vehicles on which total loss claims have been paid by insurers.70
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(B) All temporary operating permits issued by dealers to purchasers of vehicles shall71
be of a standard design prescribed by regulation promulgated by the department. The72
department may provide by rule or regulation for the sale and distribution of such73
temporary operating permits by third parties in accordance with paragraph (3) of this74
subsection.75
(3) All sellers and distributors of temporary operating permits shall maintain an76
inventory record of temporary operating permits by number and name of the dealer.77
(4)(2) The purchaser and operator of a vehicle shall not be subject to the penalties set78
forth in this Code section during the period allowed for the registration of such vehicle. 79
If the owner of such vehicle presents evidence that such owner has properly applied for80
the registration of such vehicle, but that the license plate or revalidation decal has not81
been delivered to such owner, then the owner shall not be subject to the penalties82
enumerated in this subsection.83
(c) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle84
required to be registered in the State of Georgia this state without a valid county decal85
designating the county where the vehicle was last registered, unless such operation is86
otherwise permitted under this chapter. Any person convicted of such offense shall be87
punished by a fine of $25.00 for a first offense and $100.00 for a second or subsequent88
such offense. However, a A county name decal shall not be required if there is no space89
provided for a county name decal on the current license plate. Any person convicted of a90
violation of this subsection shall be subject to a fine not to exceed $25.00 if that person91
shows to the court having jurisdiction of the offense that the proper revalidation decal had92
been obtained prior to the time of the offense.93
(d) No violation of this Code section shall have occurred upon presentation of evidence94
that the owner had properly applied for the registration of such vehicle, but that the license95
plate or revalidation decal had not been delivered to such owner at the time the uniform96
traffic citation was issued.97
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(e) The commissioner is authorized to promulgate rules and regulations necessary to98
effectuate the provisions of this Code section."99
SECTION 2.100
Said title is further amended by revising Code Section 40-2-8.1, relating to operation of101
vehicle without revalidation decal on license plate, as follows:102
"40-2-8.1.103
Notwithstanding Code Section 40-2-8 or any other provision of law, a person who operates104
a vehicle which is required to be registered in this state and which has attached to the rear105
thereof a valid numbered license plate without having the required revalidation decal106
affixed upon that plate, which person is otherwise guilty of a misdemeanor for not having107
such decal affixed to the plate, shall be subject for that offense only to a fine not to exceed108
$25.00 if that person shows to the court having jurisdiction of the offense that the proper109
revalidation decal had been obtained prior to the time of the offense.110
(a) As used in this Code section, the term 'dealer' means any person who is engaged, in111
whole or in part, in the business of selling, exchanging, renting with an option to purchase,112
or offering an interest in motor vehicles for commission or with intent to make a profit or113
gain of money or other thing of value, whether or not such motor vehicles are owned by114
such person, and demonstrates an annual motor vehicle sales history of at least five motor115
vehicle sales as identified by department records or documentation approved by the116
department.117
(b) Any dealer of new or used motor vehicles shall issue a temporary operating permit118
without charge or fee to the purchaser of a vehicle at the time of sale thereof, unless such119
vehicle is to be registered under the International Registration Plan or such dealer is one120
whose primary business is the sale of salvage motor vehicles and other vehicles on which121
total loss claims have been paid by insurers. Such temporary operating permit shall be of122
a standard design prescribed the department; provided, however, that such permit shall not123
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resemble a license plate issued by this state. A temporary operating permit may bear the124
name of the dealer and location and shall include an expiration date which shall be 45 days125
from the date of purchase. The expiration date of a temporary operating permit may be126
revised and extended by the county tag agent upon application by the dealer, purchaser, or127
transferee if an extension of the purchaser's initial registration period has been granted as128
provided by Code Section 40-2-20.129
(c)(1) The department may provide by rule or regulation for the sale and distribution of130
temporary operating permits to dealers by third parties through the development and131
maintenance of an electronic temporary operating permit issuance system and establish132
standards for distribution and issuance of such permits. The department may further133
provide by rule or regulation for standards for authorized access to an electronic134
temporary operating permit issuance system, which may include, but shall not be limited135
to, required criminal background checks for any user of the system. Any third party136
authorized to sell and distribute temporary operating permits shall maintain an inventory137
record of such permits by number and name of the dealer.138
(2)(A) The department shall be authorized to suspend access to the electronic139
temporary operating permit issuance system established pursuant to this Code section140
for any dealer found to have issued temporary operating permits for a vehicle which has141
not been sold or intended to be registered or otherwise violated requirements for142
issuance of such permits established by rule or regulation of the department after143
issuance of notice of such violation by electronic means and opportunity for informal144
review as set forth in this subparagraph. Any dealer who has received notice pursuant145
to this subsection of an alleged violation and for whom the department intends to146
suspend access to the electronic temporary operating permit issuance system may147
request an informal review of the allegations with the department. The method for148
making such request shall be developed by the department and may be by electronic149
means. Upon receipt of such request for informal review, the department shall, within150
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ten business days, schedule an informal conference with such dealer to review the151
suspected violations. Proceedings under this subparagraph shall not be governed by152
any formal procedural requirements and may be conducted in such manner as the153
department may establish by rule or regulation. The department shall consider the154
historical use of the electronic temporary operating permit issuance system by the155
dealer under consideration for access suspension, together with other pertinent156
information which may be available, and shall render a decision regarding access to the157
electronic temporary operating permit issuance system within seven business days of158
the informal conference. Upon a finding that such dealer violated the requirements of159
this Code section or rules and regulations of the department, the department shall be160
authorized to impose fines or fees as provided by law. The department shall not be161
authorized to suspend access to the temporary operating permit system unless the162
department finds a dealer to be substantially out of compliance with the requirements163
of this Code section or the rules and regulations of the department and such dealer has164
failed to produce satisfactory evidence of extenuating circumstances to justify such165
noncompliance.166
(B) If the department suspends a dealer's access to the electronic temporary operating167
permit issuance system established pursuant to this Code section after an informal168
review held pursuant to subparagraph (A) of this paragraph, the suspended dealer shall169
have the right to a formal hearing to review the suspension pursuant to Code170
Section 40-3-6. Such hearing shall be held within 30 days of the department's decision171
to suspend the dealer's access to the electronic temporary operating permit issuance172
system and shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia173
Administrative Procedure Act.' At such hearing, the department may present evidence174
of any instances in which the suspended dealer unlawfully issued temporary operating175
permits or issued fraudulent temporary operating permits. Upon a finding that the176
suspended dealer is in compliance with the requirements of this Code section and has177
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issued temporary operating permits predominantly for bona fide motor vehicle sales,178
the department shall provide for the immediate restoration of access to the electronic179
temporary operating permit issuance system for such dealer but shall be authorized to180
impose fines or fees as provided by law for failure to comply with the requirements of181
this chapter. Upon a finding that the suspended dealer violated the requirements of this182
Code section or rules and regulations of the department, the department shall be183
authorized to extend the term of suspension for a period of up to 24 months. Upon a184
finding that a dealer has unlawfully issued temporary operating permits in violation of185
this chapter or rules and regulations of the department, the department shall further be186
authorized to issue a civil monetary penalty in an amount no greater than $100.00 per187
violation, suspend or revoke the registration issued to a dealer pursuant to Code Section188
40-2-39, and suspend, confiscate, or limit issuance of any dealer plates issued pursuant189
to Code Section 40-2-38 for a period of up to 24 months. The department shall comply190
with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' in relation to191
the expedited review provided for in this subparagraph and the suspended dealer shall192
have the right to appeal any decision of the department in accordance with such chapter.193
(d) The commissioner is authorized to promulgate rules and regulations necessary to194
effectuate the provisions of this Code section."195
SECTION 3.196
Said title is further amended in Code Section 40-2-33, relating to issuance of license plates197
and decals, transfer of registration to a digital license plate, compensation of tag agents, and198
required identification, by revising paragraph (3) of subsection (a) as follows: 199
"(3) At the time of initial application for registration or at any time during the registration200
period, a vehicle owner may file with the county tag agent, on a form or electronic form201
prescribed by the commissioner, a request to have a vehicle license plate duplicated on202
a digital license plate purchased from a digital license plate provider. Such request to the203
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county tag agent shall include all applicable registration fees. Upon approving the
204
application provided in this paragraph, the commissioner or county tag agent shall furnish205
the digital license plate provider with the appropriate licensing information to be206
displayed upon the digital license plate. In accordance with Code Section 40-2-8
207
40-2-8.1, a 45 day temporary operating permit shall be issued by the commissioner or208
county tag agent to an applicant for a digital license plate until such license plate is209
received by the applicant."210
SECTION 4.211
Said title is further amended in Code Section 40-2-38, relating to registration and licensing212
of manufacturers, distributors, and dealers and issuance of manufacturer, manufacturer213
headquarters, distributor, and dealer plates, by adding a new paragraph to subsection (a),214
revising paragraph (1) of subsection (a), and by revising subsections (c) through (f) as215
follows:216
"(a)(.1) As used in this Code section, the term 'dealer' shall have the same meaning as set217
forth in Code Section 40-2-8.1.218
(1) Manufacturers, manufacturer headquarters, distributors, and dealers engaged in the219
manufacture, sale, or leasing of vehicles required to be registered under Code Section220
40-2-20 shall register by electronic means with the commissioner, making application for221
a distinguishing dealer's number, specifying the name and make of motor vehicle, tractor,222
or trailer manufactured, sold, or leased by them number, upon forms prepared by the223
commissioner for such purposes, and pay therefor a fee of $62.00, which shall224
accompany such application. Upon payment of such fee by a dealer an applicant, the225
commissioner shall furnish to the dealer one master number plate to expire each year in226
accordance with subsection (f) of this Code section, to be known as a dealer's number and227
to based upon the type of master number plate issued. Each additional plate issued228
pursuant to this Code section shall require payment of a $12.00 fee. Each master number229
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plate and any additional plates issued pursuant to this Code section shall be distinguished230
from the number license plates provided for in this chapter by different and distinguishing231
colors to be determined by the commissioner. The dealer plate for a franchise motor232
vehicle dealer shall be distinguishable from the dealer plate for a used car dealer and from233
the dealer plate for a motor vehicle wholesaler. Except as otherwise authorized by this234
Code section, a dealer's master number plate or additional plates issued pursuant to this235
Code section shall be A dealer's number plate is for the purpose of demonstrating or236
transporting the dealer's vehicles or trailers for sale or lease. Persons engaged in the237
business of transporting vehicles for a dealer under a vehicle's own power shall be238
permitted to use such dealer's plate for the purpose of transporting a vehicle."239
"(c) This Code section shall not apply in any manner to mopeds.240
(d)(c) The license plates issued pursuant to this Code section shall be revoked and241
confiscated upon a determination after a hearing that such dealer, distributor, manufacturer,242
or manufacturer headquarters has unlawfully used such license plates in violation of this243
Code section.244
(e)(d) If a license plate issued pursuant to this Code section is lost or stolen, the dealer,245
manufacturer, distributor, manufacturer headquarters, or other party to whom the license246
plate was issued must shall immediately report the lost or stolen plate to local law247
enforcement agencies. If a replacement license plate is sought, the dealer, manufacturer,248
distributor, manufacturer headquarters, or other party to whom the license plate was issued249
shall file a notarized affidavit with the department requesting a replacement plate. Such250
affidavit shall certify under penalty of perjury that the license plate has been lost or stolen251
and that the loss has been reported to a local law enforcement agency.252
(f)(1)(e) Except as otherwise provided for in this Code section, the The expiration of a253
license plate issued pursuant to this Code section shall be the last day of the registration254
period as provided in division (a)(1)(A)(ii) of Code Section 40-2-21, except that for the255
purposes of this subsection, the registration period shall be determined by the first letter of256
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the legal name of the business listed on the application for registration or renewal of
257
registration. An application for renewal of registration shall not be submitted earlier than258
90 days prior to the last day of the registration period. A penalty of 25 percent of the total259
registration fees due shall be assessed any person registering pursuant to this Code section260
who, prior to the expiration of such person's registration period, fails to apply for renewal261
or if having applied fails to pay the required fees.262
(2) A transition period shall commence on October 1, 2007, and conclude on December
263
31, 2007, for all existing registrations and any new registration applications presented264
prior to January 1, 2008. On or after January 1, 2008, new applications for registration265
shall be submitted and remain valid until the expiration of such registration as specified266
in paragraph (1) of this subsection."267
SECTION 5.268
Said title is further amended in Code Section 40-2-130, relating to records of certificates of269
registration, by revising subsection (c) as follows:270
"(c) The motor vehicle registration records which the commissioner is required to maintain271
under this Code section or any other provision are exempt from the provisions of any law272
of this state requiring that such records be open for public inspection; provided, however,273
that, subject to subsection (d) of this Code section, the records may be disclosed for use as274
provided in the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, and275
by the following:276
(1) Any licensed dealer of new or used motor vehicles;277
(2) Any tax collector, tax receiver, or tax commissioner;278
(3) The director of the Environmental Protection Division of the Department of Natural279
Resources or his or her designee;280
(4) Any private person who has met the requirements of Code Section 40-2-25, provided281
that the information shall be used for the sole purpose of effectuating the registration or282
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renewal of motor vehicles by electronic or similar means and that the private person
283
requesting the information has entered into an agreement to provide electronic services284
to the commissioner or a county tag agent; provided, further, that the information made285
available pursuant to this paragraph for such purpose shall be limited to the vehicle286
identification number, the license tag number, the date of expiration of registration, and287
the amount of tax owed; and
288
(5) A person or entity authorized by the commissioner for use in providing notice to the289
owners of towed or impounded vehicles; and290
(6) The board established pursuant to Chapter 47 of Title 43 for use in carrying out its291
functions."292
SECTION 6.293
Said title is further amended in Code Section 40-3-23, relating to issuance of certificate of294
title, maintenance of record of certificates issued, public inspection, furnishing records for295
fee, and electronic format, by revising subsection (d) as follows:296
"(d) The motor vehicle records which the commissioner or the commissioner's duly297
authorized county tag agent is required to maintain under this Code section or any other298
provision are exempt from the provisions of any law of this state requiring that such299
records be open for public inspection; provided, however, that, subject to subsection (f) of300
this Code section, the records may be disclosed for use as provided in the federal Driver's301
Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, and by the following:302
(1) Any licensed dealer of new or used motor vehicles;303
(2) Any tax collector, tax receiver, or tax commissioner; and304
(3) A person or entity authorized by the commissioner for use in providing notice to the305
owners of towed or impounded vehicles; and306
(4) The board established pursuant to Chapter 47 of Title 43 for carrying out its307
functions."308
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SECTION 7.
309
Said title is further amended in Code Section 40-3-33, relating to transfer of vehicle to or310
from dealer, records to be kept by dealers, electronic filing, and application for title where311
dealer located, by revising subsections (a) and (b) and by adding new subsections to read as312
follows:313
"(a)(1) Except as provided in paragraph (2) of this subsection, a dealer who buys a314
vehicle and holds it for resale need not apply to the commissioner for a new certificate315
of title but may retain the delivered
certificate delivered to him. Upon transferring the316
vehicle to another person other than by the creation of a security interest, such dealer317
shall promptly execute the assignment and warranty of title by a dealer. Such assignment318
and warranty shall show the names and addresses of the transferee and any holder of a319
security interest created or reserved at the time of the resale and the date of his the320
security agreement, in the spaces provided therefor on the certificate or as the321
commissioner prescribes. Transfers of vehicles under this Code section shall otherwise322
conform with Code Section 40-3-32. A dealer selling a previously registered vehicle for323
which under this chapter need not have a certificate of title is not required under this324
chapter need not furnish a purchaser of such a vehicle a certificate of title. After a325
previously registered vehicle has been brought under the terms of this chapter, a dealer,326
when selling that vehicle, shall conform to all provisions of this chapter.327
(2)(A) As used in this paragraph, the term 'franchise dealer' means a dealer who under328
a contract or franchise agreement with a manufacturer, distributor, wholesaler, or329
importer is authorized to sell new motor vehicles of or for such manufacturer,330
distributor, wholesaler, or importer and who is authorized to use trademarks or service331
marks associated with one or more makes of motor vehicles in connection with such332
sales.333
(B) A dealer who is not a franchise dealer who acquires a vehicle for which the original334
certificate of title has not been issued and who holds such vehicle for resale shall not335
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be exempt from the requirement to obtain a certificate of title in such dealer's name as
336
provided in paragraph (1) of this subsection. Such dealer shall, as provided in Code337
Section 40-3-32, obtain a certificate of title in such dealer's name prior to selling or338
otherwise transferring said vehicle to any other person or dealer.339
(b) Every dealer shall maintain a record, in the form the commissioner prescribes, of every340
vehicle bought, sold, or exchanged by him,
or received by him for sale or exchange. Such341
record shall be kept for three years and shall be open to inspection by a representative of342
the commissioner during reasonable business hours. The information contained in records343
maintained by a dealer pursuant to this subsection shall be an accurate representation of the344
transaction, and no alternative versions of records shall be produced for a purchaser with345
information which differs from that contained in records maintained for inspection by the346
department."347
"(f) The department shall be authorized to assess a civil penalty against a dealer of up to348
$500.00 for each sales transaction conducted in violation of subsection (b) of this Code349
section.350
(g) The department is authorized to promulgate rules and regulations necessary to351
effectuate the provisions of this Code section."352
SECTION 8.353
Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions354
relative to used motor vehicle and used motor vehicle parts dealers, is amended by revising355
paragraph (3) as follows:356
"(3) 'Established place of business' means a salesroom or sales office in a building or on357
an open lot of a retail used car dealership or at which a permanent business of bartering,358
trading, offering, displaying, selling, buying, dismantling, or rebuilding wrecked or used359
motor vehicles or parts is carried on, or the place at which the books, records, and files360
necessary to conduct such business are kept. Each such place of business shall be361
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furnished with a working telephone listed in the name of the licensee for use in
362
conducting the business and shall be marked by an appropriate permanent sign as363
prescribed by the appropriate division under this chapter. Except when at least 500 motor
364
vehicle sales are conducted annually at such location, each such place of business shall365
be at least 250 square feet."366
SECTION 9.367
Chapter 1 of Title 44 of the Official Code of Georgia Annotated, relating to general368
provisions relative to property, is amended in Code Section 44-1-13, relating to removal of369
improperly parked cars or trespassing personal property, concurrent jurisdiction, procedure,370
automatic surveillance prohibited, and penalty, by adding a new paragraph to subsection (a)371
and revising subsections (a.1), (b), and (f) as follows:372
"(1.1) 'Immobilization device' means any mechanical device designed or used to be373
attached to a wheel, tire, or other part of a parked motor vehicle so as to prohibit the374
motor vehicle's usual manner of movement or operation."375
"(a.1) Any person or his or her authorized agent entitled to the possession of any private376
property shall have the right to remove or cause to be removed from the property or377
immobilize or cause to be immobilized any vehicle or trespassing personal property378
trespassing thereon which is not authorized to be at the place where it is found and to store379
or cause to be stored such trespassing vehicle or trespassing personal property, provided380
that there shall have been conspicuously posted on the private property notice that any381
trespassing vehicle or trespassing personal property which is not authorized to be at the382
place where it is found may be immobilized or removed at the expense of the owner of the383
trespassing vehicle or trespassing personal property. Such notice shall also include384
information as to the contact information for removal of an immobilization device, the full385
legal names of the company conducting the immobilization and the property owner where386
the immobilization occurred, the fee amount for removal of an immobilization device,387
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location where the removed vehicle or personal property can be recovered, the cost of said388
recovery, and information as to the form of payment; provided, however, that the owner389
of residential private property containing not more than four residential units shall not be390
required to comply with the posting requirements of this subsection. Only towing and391
storage firms issued permits or licenses by the local governing authority of the jurisdiction392
in which they operate or by the department, and having a secure impoundment facility,393
shall be permitted to remove trespassing property and trespassing vehicles and personal394
property at the request of the owner or authorized agent of the private property. Only395
persons issued a permit by the department and operating in a jurisdiction which has396
authorized the immobilization of trespassing vehicles by ordinance or resolution of the397
governing authority shall be authorized to place an immobilization device upon a398
trespassing vehicle.399
(b)(1) The department shall have the authorization to regulate and control the400
immobilization and towing of trespassing vehicles on private property if such401
immobilization or towing is performed without the prior consent or authorization of the402
owner or operator of the vehicle, including the authority to set just and reasonable rates,403
fares, and charges for services related to the immobilization, removal, storage, and404
required notification to owners of such towed vehicles. No storage fees shall be charged405
for the first 24 hour period which begins at the time the vehicle is removed from the406
property, and no such. No fees shall be allowed for the immobilization or removal and407
storage of vehicles removed by towing and storage firms by persons found to be in408
violation of this Code section. The department is authorized to impose a civil penalty for409
any violation of this Code section in an amount not to exceed $2,500.00.410
(2) In accordance with subsection (d) of this Code section, the governing authority of a411
municipality may require towing and storage operators firms to charge lower maximum412
rates on traffic moving between points within such municipality than those provided by413
the department's maximum rate tariff and may require higher public liability insurance414
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limits and cargo insurance limits than those required by the department. The governing
415
authority of a municipality shall not provide for higher maximum costs of416
immobilization,
removal, relocation, or storage than is provided for by the department."417
"(f) It shall be unlawful and punishable by a fine of $1,000.00 for any towing and storage418
firm, permitted or unpermitted, licensed or unlicensed, to enter into any agreement with419
any person in possession of private property to provide automatic or systematic420
surveillance of such property for purposes of removal and relocation of any such421
trespassing vehicle or trespassing personal property except upon call by such person in422
possession of such private property to such towing and storage firm for each individual423
case of trespass; provided, further, that it shall be unlawful and punishable by a fine of424
$1,000.00 for any towing and storage firm person to pay to any private property owner or425
one in possession of private property any fee or emolument, directly or indirectly, for the426
right to immobilize or remove a trespassing vehicle or trespassing personal property from427
said private property."428
SECTION 10.429
Code Section 48-5C-1 of the Official Code of Georgia Annotated, relating to alternative ad430
valorem tax on motor vehicles, is amended by adding a new paragraph to subsection (a), by431
revising paragraph (9) of subsection (d), and by adding a new subsection to read as follows:432
"(3.1) 'Passive entity' means a person, other than an individual, formed under the laws433
of another state that does not have an established place of business in this state, owns no434
real property, and conducts no trade or business other than the holding of assets for435
investment and income."436
"(9)(A) Any owner of any motor vehicle who fails to submit within 30 days of the date437
such owner is required by law to register such vehicle in this state an application for a438
first certificate of title under Code Section 40-3-21 or a certificate of title under Code439
Section 40-3-32 shall be required to pay a penalty in the amount of 10 percent of the440
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state title ad valorem tax fees and 10 percent of the local title ad valorem tax fees
441
required under this Code section and, if such state and local title ad valorem tax fees442
and the penalty are not paid within 60 days following the date such owner is required443
by law to register such vehicle, interest at the rate of 1 percent per month shall be444
imposed on the state and local title ad valorem tax fees due under this Code section,445
unless a temporary permit has been issued by the tax commissioner. The tax446
commissioner shall grant a temporary permit in the event the failure to timely apply for447
a first certificate of title is due to the failure of a lienholder to comply with Code448
Section 40-3-56, regarding release of a security interest or lien, and no penalty or449
interest shall be assessed. Such penalty and interest shall be in addition to the penalty450
and fee required under Code Section 40-3-21 or 40-3-32, as applicable.451
(B) The penalties provided for in subparagraph (A) of this paragraph shall be double
452
for any resident of this state who owns at least 50 percent of a passive entity that owns453
a motor vehicle that fails to submit within 60 days of the date such owner is required454
by law to register such vehicle in this state an application for a first certificate of title455
under Code Section 40-3-21 or a certificate of title under Code Section 40-3-32 and456
register such vehicle."457
"(h) The commissioner shall be authorized in his or her sole discretion to share information458
obtained for purposes of this Code section with the board established pursuant to459
Chapter 47 of Title 43. Any confidential information furnished pursuant to this Code460
section shall retain its character as confidential. Any person who divulges confidential461
information obtained pursuant to this Code section shall be subject to the same penalties462
as those provided for divulgence of information by employees of the department."463
SECTION 11.464
This Act shall become effective on January 1, 2026.465
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SECTION 12.
466
All laws and parts of laws in conflict with this Act are repealed. 467
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