25 HB 630/AP
House Bill 630 (AS PASSED HOUSE AND SENATE)
By: Representatives Wiedower of the 121
st
, Ridley of the 6
th
, Corbett of the 174
th
, Prince of
the 132
nd
, Reeves of the 99
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used
1
motor vehicle and used motor vehicle parts dealers, so as to remove the used car division and2
the used parts division of the State Board of Registration of Used Motor Vehicle Dealers and3
Used Motor Vehicle Parts Dealers; to confer the powers and duties of such divisions to the4
board; to revise the membership of the board; to revise the powers and duties of the board;5
to revise and clarify provisions relating to applications for and requirements of licenses; to6
revise provisions relating to the change of location by licensees; to revise and provide for7
definitions; to make conforming changes; to provide for related matters; to repeal conflicting8
laws; and for other purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
SECTION 1.11
Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used motor12
vehicle and used motor vehicle parts dealers, is amended in Code Section 43-47-2, relating13
to definitions, by revising paragraph (3) and subparagraph (A) of paragraph (17) and adding14
a new paragraph to read as follows:15
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"(2.1) 'Division director' shall have the same meaning as set forth in Code16
Section 43-1-1.17
(3) 'Established place of business' means a salesroom or sales office in a building or on18
an open lot of a retail used car dealership or at which a permanent business of bartering,19
trading, offering, displaying, selling, buying, dismantling, or rebuilding wrecked or used20
motor vehicles or parts is carried on, or the place at which the books, records, and files21
necessary to conduct such business are kept. Each such place of business shall be22
furnished with a working telephone listed in the name of the licensee for use in23
conducting the business, and shall be marked by an appropriate permanent sign as24
prescribed by the appropriate division under this chapter board, and meet or exceed any25
size requirements and standards prescribed by the board."26
"(17)(A) 'Used motor vehicle dealer' or 'used car dealer' 'Used motor vehicle dealer,'27
'used car dealer,' or 'licensee' means any person who, for commission or with intent to28
make a profit or gain of money or other thing of value, sells, exchanges, rents with29
option to purchase, offers, or attempts to negotiate a sale or exchange of an interest in30
used motor vehicles or who is engaged wholly or in part in the business of selling used31
motor vehicles, whether or not such motor vehicles are owned by such person. A motor32
vehicle wholesaler and a motor vehicle broker shall be deemed to be a used motor33
vehicle dealer or a used car dealer for the purposes of this chapter. Any independent34
motor vehicle leasing agency which sells or offers for sale used motor vehicles shall be35
deemed to be a used motor vehicle dealer or a used car dealer for the purposes of this36
chapter. Any motor vehicle auction company selling or offering for sale used motor37
vehicles to independent motor vehicle dealers or to individual consumers shall be38
deemed to be a used motor vehicle dealer or used car dealer for the purposes of this39
chapter except as otherwise provided in division (x) of subparagraph (B) of this40
paragraph. Without limiting any of the foregoing, the sale of five or more used motor41
vehicles in any one calendar year shall be prima-facie evidence that a person is engaged42
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in the business of selling used motor vehicles. A pawnbroker who disposes of all
43
repossessed motor vehicles by selling or exchanging his or her interest in such motor44
vehicles only to licensees under this chapter shall not be considered a used motor45
vehicle dealer under this chapter as long as such pawnbroker does not otherwise engage46
in activities which would bring him or her under the licensing requirements of this47
chapter."48
SECTION 2.49
Said chapter is further amended by revising Code Section 43-47-3, relating to creation of50
board, composition, terms of office, vacancies, election of chairperson, and divisions, as51
follows:52
"43-47-3.53
(a) There is created a State Board of Registration of Used Motor Vehicle Dealers and Used54
Motor Vehicle Parts Dealers. The board shall be comprised of 14
composed of ten55
members:56
(1) Three members shall be independent used car dealers, at least one of whom shall be57
an independent used car dealer that sells at least 100 used motor vehicles in the State of58
Georgia each calendar year and that primarily or exclusively sells motor vehicles online;59
(2) One member Three members shall be appointed from the public at large and shall60
have no connection whatsoever with the sale of used cars or parts;61
(3) The state revenue commissioner, or a designated agent, shall be a permanent ex62
officio member and shall be authorized to vote on all matters before the board;63
(4) Reserved;64
(5)(4) One member shall be a representative of the automobile auction industry;65
(6) One member shall be an auto salvage pool operator;66
(7)(5) Two Three members shall be used motor vehicle parts dealers who are not67
rebuilders; and68
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(8) One member shall be a rebuilder;69
(9) One member shall be a pawnbroker as defined in Code Section 44-12-130 who is in70
the business of pawning automobile titles and is licensed as a used car dealer; and71
(10)(6) One member shall be a representative of the automobile insurance industry.72
(b) The members of the board referred to in paragraphs (1), (2), (5), (6), (7), (8), (9),73
and (10) of subsection (a) of this Code section shall be appointed by the Governor and shall74
take office on July 1, 1995, or as soon thereafter as appointed. The initial terms of those 1375
appointed members shall expire as follows: three on June 30, 1996; three on June 30, 1997;76
three on June 30, 1998; and four on June 30, 1999. Thereafter, the appointed members of77
the board shall serve terms of four years. All members shall be residents of this state. No78
more than two of the appointed members shall be from the same congressional district. 79
The terms of the two ex officio members The term of the ex officio member shall be80
coextensive with their his or her term of office.81
(b.1) Notwithstanding the provisions of subsection (a) of this Code section, all members82
serving on the board as of June 30, 2025, shall continue to serve as members of the board83
for the remainder of their terms of office but shall only be reappointed in accordance with84
the provisions of this Code section.85
(c) Any vacancies on the board shall be filled by the Governor for the remainder of the86
unexpired term. The members of the board shall annually elect one of their number to87
serve as chairperson for a term of two years. The board chairperson shall not also serve88
contemporaneously as the chairperson of either division under this chapter. The first term89
as chairperson of the board shall be served by a member or members elected from either90
division under this chapter; thereafter, the chairperson for each succeeding term shall not91
be elected from the same division as that of the chairperson from the immediately92
preceding term. In the event a chairperson of the board is unable to complete his or her93
term, his or her a successor for the remainder of the term shall be elected from the members94
of the board same division as was the chairperson who is unable to complete the term. The95
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chairperson of the board shall be an ex officio member of both divisions under this chapter,96
however, the chairperson of the board shall not be counted for purposes of determining97
whether a quorum is present in the division meeting for the division in which he or she is98
not a regular member.99
(d)(1) The board shall be composed of two divisions, a used car division and a used parts100
division.101
(2) The members of the used car division shall be the three independent used car dealers,102
two of the members from the public at large, the state revenue commissioner or a103
designated agent, the representative of the automobile auction industry, and the104
pawnbroker. All powers and duties relating to used car dealers which are not specifically105
reserved to the board shall be assigned to the used car division. The used car division106
shall elect one of its members to serve as chairperson of the division for a period of one107
year.108
(3) The members of the used parts division shall be the third member from the public at109
large, the state revenue commissioner or a designated agent, the auto salvage pool110
operator, the two used motor vehicle parts dealers who are not rebuilders, the rebuilder,111
and the representative of the automobile insurance industry. All powers and duties112
relating to used parts dealers which are not specifically reserved to the board shall be113
assigned to the used parts division. The used parts division shall elect one of its members114
to serve as chairperson of the division for a period of one year.115
(4) The chairperson of the board shall determine which of the two members from the116
public at large will serve in the used car division and which shall serve in the used parts117
division."118
SECTION 3.119
Said chapter is further amended by revising Code Section 43-47-4, relating to division120
director as secretary of board, as follows:121
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"43-47-4.
122
The division director shall be the secretary of the board and of the divisions
. He or she shall123
issue licenses and certificates and perform such other duties as the board or the divisions124
may direct to carry out this chapter or as provided in Chapter 1 of this title."125
SECTION 4.126
Said chapter is further amended by revising Code Section 43-47-5, relating to reimbursement127
of board members, as follows:128
"43-47-5.129
The members of the board shall be reimbursed for their duties as board members and as130
division members as provided for in subsection (f) of Code Section 43-1-2."131
SECTION 5.132
Said chapter is further amended by revising Code Section 43-47-6, relating to general powers133
and duties of the board, as follows:134
"43-47-6.135
All powers and duties under this chapter not specifically reserved to the board shall be the136
powers and duties of the division. The board shall have the following powers and duties:137
(1) To receive applications for registration of licensees and to forward them to the138
appropriate division;139
(2) To make such rules and regulations as may be necessary to effectuate the140
administration and enforcement of this chapter and to protect the health, safety, and141
financial well-being of the public;142
(3) To arrange for all new applicants to have a criminal background check, which143
background check shall be mandatory. The applicant's fingerprints shall be forwarded144
to the Georgia Crime Information Center which shall run a criminal background check145
on the applicant and provide the results of the background check to the board. 146
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Additionally, the applicant's fingerprints will be forwarded to the Federal Bureau of
147
Investigation for a national criminal history record check;148
(4) To publish in print or electronically on or before September 1 of each year an149
alphabetical listing of all licensees pursuant to this chapter and to distribute copies of the150
same, if requested, to the Department of Public Safety, the Department of Revenue, and151
the Georgia Bureau of Investigation, to all sheriffs in this state, and to all county and152
municipal police departments in this state;153
(5) To establish a fee for a license for each principal place of business and a fee for a154
supplemental license for each place of business not immediately adjacent to the principal155
place of business. The board may establish separate schedules of fees for such licenses156
depending on whether the applicant begins to do business as a licensee prior to or after157
the issuance of any such license; and
158
(6) To do all other things necessary and proper to carry out the powers and duties listed159
in this Code section; and160
(7) To set the minimum size requirements and standards of an established place of161
business."162
SECTION 6.163
Said chapter is further amended by revising Code Section 43-47-7, relating to required164
license and records, as follows:165
"43-47-7.166
(a) It shall be unlawful for any person to operate as a used motor vehicle dealer in this state167
without first registering and obtaining a license from the used car division board as168
provided in this chapter.169
(b) It shall be unlawful for any person to operate as a used motor vehicle parts dealer in170
this state without first registering and obtaining a license from the used parts division board171
as provided in this chapter.172
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(c) It shall be unlawful for any used car dealer or any used parts dealer willfully to fail to
173
keep the records required to be kept by this chapter."174
SECTION 7.175
Said chapter is further amended by repealing Code Section 43-47-8, relating to license176
applications, prerequisites, license fees, renewal, training or test, supplemental license,177
bonds, insurance, suspension for conviction or false statement, and meetings, and by enacting178
a new Code Section 43-47-8 to read as follows:179
"43-47-8.
180
(a) Any person desiring a license to be a used motor vehicle dealer or a used motor vehicle181
parts dealer in this state shall submit an application on a form and in such manner as may182
be prescribed by the board, which shall be accompanied by any applicable fees and183
evidence satisfactory to the board that the applicant:184
(1) Maintains an established place of business;185
(2) Has, within the preceding 12 months, attended a board approved training and186
information seminar, which shall not exceed one day in length, or passed a board187
approved examination, either of which shall relate to the requirements of licensees188
provided in this chapter, including books and records to be kept, requirements of the189
Department of Revenue applicable to licensees, and such other topics as in the opinion190
of the board promote good business practices of licensees;191
(3) Has applied for or obtained a certificate of registration, Department of Revenue192
Form ST-2;193
(4) Has posted or has made provision for the posting of the bond required under194
subsection (d) of this Code section; and195
(5) Maintains any liability and property damage insurance required under subsection (e)196
of this Code section.197
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(b) Applications for a used motor vehicle dealer license or a used motor vehicle parts198
dealer license shall be made under oath and shall state the applicant's full name; date and199
place of birth; date and place of any conviction or arrest for any crime, including the plea200
of nolo contendere or a plea entered pursuant to Article 3 of Chapter 8 of Title 42 or other201
first offender treatment; and such additional information as the board may require to202
investigate the qualifications, character, competence, and integrity of the applicant. Each203
applicant shall submit with his or her application photographs or other renderings of his or204
her established place of business that show the complete facility, appropriate sign, and205
entire display area of the established place of business.206
(c) Each applicant for a used motor vehicle dealer license or a used motor vehicle parts207
dealer license shall furnish to the board a full set of fingerprints to enable a criminal208
background investigation to be conducted on the applicant so as to determine the209
applicant's suitability to be licensed under this chapter. The board shall submit the210
applicant's fingerprints to the Georgia Crime Information Center. If no criminal record is211
identified at the state level, the Georgia Crime Information Center is authorized to submit212
the fingerprints to the Federal Bureau of Investigation for a national criminal history check. 213
The Georgia Crime Information Center shall notify the board in writing of the results of214
such criminal background investigation, which shall be used by the board for the exclusive215
purpose of carrying out its responsibilities under this chapter, shall not be a public record,216
shall be privileged, and shall not be disclosed to any other person or agency. The applicant217
shall be responsible for all fees associated with the performance of such background218
investigation.219
(d)(1) Licensees shall be required, for each license or supplemental license issued in220
connection with an established place of business, to post a bond that is executed with a221
surety company duly authorized to do business in this state. Such bond shall be payable222
to the Governor for the use and benefit of any purchaser and vendees or successors in title223
of any used motor vehicle and shall be conditioned to pay all losses, damages, and224
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expenses that may be sustained by such purchaser, his or her vendees, or successors in225
title that may be occasioned by reason of any misrepresentation, deceptive practice, or226
unfair practice or by reason of any breach of warranty as to such used vehicle. Such bond227
shall be in the amount of $35,000.00 for used car dealers and $10,000.00 for used parts228
dealers and shall be filed, prior to or immediately upon the granting of a license under229
this chapter, with the division director by the licensee and shall be approved by the230
division director as to form and as to the solvency of the surety.231
(2) No licensee shall cancel, or cause to be canceled, a bond issued pursuant to this232
subsection unless the board is informed in writing by a certified letter at least 30 days233
prior to the proposed cancellation.234
(3) If a surety or licensee cancels a bond issued pursuant to this subsection and the235
licensee fails to submit, within ten days of the effective date of the cancellation, a new236
bond, the board may revoke his or her license.237
(e)(1) Except for any person licensed under Chapter 6 of this title, who shall be exempt238
from the requirements of this subsection, licensees shall maintain, for each license or239
supplemental license issued in connection with an established place of business, public240
liability and property damage insurance with liability limits of not less than $50,000.00241
per person and $100,000.00 per accident, personal insurance liability coverage, and242
$25,000.00 property damage liability coverage.243
(2) No licensee shall cancel or cause to be canceled an insurance policy issued pursuant244
to this subsection unless the board is so informed in writing by certified mail at least 30245
days prior to the proposed cancellation.246
(3) If an insurance company or licensee cancels an insurance policy required under this247
subsection and the licensee fails to submit, within ten days of the effective date of such248
cancellation, a new insurance policy, the board may revoke his or her license.249
(f)(1) Each license issued pursuant to this chapter shall be in connection with a single250
established place of business, and licensees shall be required to obtain a supplemental251
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license for each additional established place of business that is operated or proposed to252
be operated by the licensee that is not contiguous to an established place of business for253
which a license or supplemental license has been issued; provided, however, that a254
supplemental license shall not be required for any temporary site of a licensee.255
(2) A licensee applying for a supplemental license shall submit an application on a form256
and in such a manner as may be prescribed by the board accompanied by any applicable257
fees. Such application shall include:258
(A) The licensee's license number;259
(B) Photographs or other renderings of the licensee's additional established place of260
business for which a supplemental license is sought that shows the complete facility,261
appropriate sign, and entire display area of the additional established place of business; 262
(C) Evidence that the licensee has posted, or has made provision for the posting, of the263
bond required under subsection (d) of this Code section for such additional established264
place of business; and265
(D) Evidence that the licensee maintains any liability and property damage insurance266
required under subsection (e) of this Code section for such additional established place267
of business.268
(g) All licenses issued under this chapter shall be renewable biennially. The board may269
establish continuing education requirements for license renewals."270
SECTION 8.271
Said chapter is further amended in Code Section 43-47-8.2, relating to place of business,272
temporary sites, and penalties, by revising paragraph (5) of subsection (b) as follows:273
"(5) The fee for each application for a temporary site permit shall be $100.00 established274
by the board."275
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SECTION 9.
276
Said chapter is further amended by revising Code Section 43-47-9, relating to contents of277
licenses, display of licenses, and endorsement of change of business location on licenses, as278
follows:279
"43-47-9.280
(a)
The licenses issued pursuant to this chapter shall specify the location of each place of281
business or branch or other location occupied or to be occupied by the licensee in282
conducting his or her business; and the license or supplemental license issued therefor shall283
be conspicuously displayed on each of such premises. In the event any such location is284
changed, the appropriate division shall endorse the change of location on the license285
without charge.286
(b) If such location, as provided in subsection (a) of this Code section, of a licensee is287
changed, the licensee shall, at least 30 days prior to relocating to a new location, submit a288
change of location application, together with any additional fees as established by the289
board, to the division director. Such application shall be submitted in a form and manner290
as prescribed by the division director and shall include the licensee's license number and291
photographs of the new location in accordance with subsection (b) of Code292
Section 43-47-8. If the division director determines that the new location meets the293
requirements of this chapter and of the rules and regulations of the board, the division294
director shall approve the application and issue a new license that specifies the new295
location."296
SECTION 10.297
Said chapter is further amended by revising Code Section 43-47-10, relating to investigation298
of licensees by board, suspension or revocation of license, and other sanctions, as follows:299
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"43-47-10.
300
The board or each division
may, upon its own motion, and shall, upon the verified301
complaint in writing of any person, investigate the actions of any licensee or anyone who302
shall assume to act in such capacity. The board Each division shall have power, in addition303
to the other powers authorized by this chapter, to revoke or to suspend a license for a304
specified time, to be determined in its discretion, or to invoke such other lesser sanctions,305
including but not limited to the imposition of fines and penalty fees, which the board is306
hereby authorized to create by rule, where:307
(1) The licensee is found by a majority of the members of the board to have committed308
any one or more of the following:309
(A) Material misstatement in an application for a license;310
(B) Willful and intentional failure to comply with any provisions of this chapter or any311
lawful rule or regulation issued by the board under this chapter;312
(C) Making any substantial misrepresentation;313
(D) Making any false promises of a character likely to influence, persuade, or induce;314
(E) Pursuing a continued and flagrant course of misrepresentation or the making of315
false promises through agents, salespersons, advertising, or otherwise;316
(F) Failure to account for or to remit any moneys coming into his or her possession317
which belong to others;318
(G) Having demonstrated unworthiness or incompetency to act as a licensee in such319
manner as to safeguard the interest of the public;320
(H) Fraud or fraudulent practice, unfair and deceptive acts or practices, misleading acts321
or practices, or untrustworthiness or incompetency to act as a licensee, including, but322
not limited to, the failure to provide the appropriate odometer disclosure forms required323
by law or knowingly selling or offering for sale any used car on which the odometer has324
been tampered with to reflect lower than the actual mileage the car has been driven;325
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(I) The intentional use of any false, fraudulent, or forged statement or document or the
326
use of any fraudulent, deceitful, dishonest, or immoral practice in connection with any327
of the licensing requirements as provided for in this chapter;328
(J) The commission of any crime involving violence, a used motor vehicle, illegal329
drugs, tax evasion, failure to pay taxes, or any crime involving the illegal use, carrying,330
or possession of a dangerous weapon; the conviction of, plea of guilty to, or plea of331
nolo contendere to a crime involving violence, a used motor vehicle, illegal drugs, tax332
evasion, failure to pay taxes, or any crime involving the illegal use, carrying, or333
possession of a dangerous weapon shall be conclusive evidence of the commission of334
such crime;335
(K) Use of untruthful or improbable statements or flamboyant or extravagant claims336
concerning such licensee's excellence or abilities;337
(L) The performance of any dishonorable or unethical conduct likely to deceive,338
defraud, mislead, unfairly treat, or harm the public;339
(M) The use of any false or fraudulent statement in any document in connection with340
the business as a licensee;341
(N) Violating or attempting to violate, directly or indirectly, or assisting in or abetting342
the violation of, or conspiring to violate any of the provisions of this chapter, including343
but not limited to (i) the failure to maintain the certificate of registration required by344
Code Section 43-47-8 and (ii) the failure to keep records required by this chapter;345
(O) Any other conduct, whether of the same or a different character than heretofore346
specified, which constitutes dishonest dealing;347
(P)(i) Any of the following activities by an automobile auction:348
(I) Allowing a motor vehicle to be sold through an auction where the seller's name349
does not appear on the face of the title;350
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(II) Failing to refund all of the purchase price to the buyer when the title and tag
351
receipt are not assigned to and processed for the buyer within 21 days of the352
purchase;353
(III) Failing to make available to the board, for investigative purposes, auction354
records of a seller, for the purpose of determining if a seller sold more than five355
motor vehicles in a calendar year; provided, however, that the board shall give the356
auction reasonable notice during normal working hours;357
(IV) Failing to disclose in a conspicuous manner on the bill of sale that a buyer is358
entitled to a refund of all of the purchase price when the title and tag receipt are not359
assigned and processed within 21 days of the purchase;360
(V) Failing to include on the bill of sale any warranty disclaimer; or361
(VI) Accepting or delivering a certificate of title signed in blank.362
(ii) The provisions of this subparagraph shall not apply where:363
(I) The sale of the motor vehicle is not open to the general public;364
(II) Either the seller or purchaser of the vehicle is a licensed used car dealer;365
(III) The motor vehicle is sold as a repossessed or abandoned vehicle; or366
(IV) The motor vehicle is sold on behalf of any government agency or by court367
order.368
(iii) A violation of this subparagraph shall also be grounds for suspension or censure369
of a license under Code Section 43-6-18, and any auction violating this subparagraph370
may be required by the board to surrender its master tag;371
(Q) Acting to obtain or holding a license on behalf of another person who was372
previously denied a license or had a license suspended or revoked under this chapter;373
in making determinations under this subparagraph, the division
board may look at any374
competent evidence, including, but not limited to, who actually directs the activities at375
the business and who actually receives the proceeds from the business;376
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(R) Having purchased, concealed, possessed, or otherwise acquired or disposed of a
377
vehicle, knowing the same to be stolen;378
(S) Having failed to meet and maintain the requirements for issuance of a license as379
provided for in this chapter;380
(T) Having failed to pay within 30 days after written demand from the board any fees381
or penalties due on vehicles acquired for dismantling or rebuilding; or
382
(U) Having willfully failed to keep or maintain the records required to be kept by this383
chapter; or384
(V) Having vacated the location of its place of business for thirty days or more without385
having submitted a change of location application pursuant to Code Section 43-47-9;386
or387
(2) A majority of the members of the division board find that the licensee failed to388
establish, maintain, or monitor procedural safeguards to ensure that the following389
activities do not occur at the business, regardless of whether the licensee had actual390
knowledge of any such activity or activities or regardless of whether there was an intent391
on the part of any person to engage in any such activity or activities:392
(A) Unfair and deceptive acts or practices as defined in Part 2 of Article 15 of393
Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975';394
(B) Any of those activities described in paragraphs (1) through (6) of Code395
Section 40-3-90; or396
(C) Failure to obtain a certificate of title for a purchaser."397
SECTION 11.398
Said chapter is further amended in Code Section 43-47-12, relating to maintenance of records399
by licensees and possession of vehicle or parts as evidence of purchase for resale, by revising400
paragraph (4) of subsection (a) as follows:401
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"(4) Any other records which the appropriate division board may reasonably require to402
protect the public, as relating to the licensee's method of operation and personnel403
employed."404
SECTION 12.405
Said chapter is further amended by revising Code Section 43-47-14, relating to fines for406
violation of chapter, as follows:407
"43-47-14.408
The Each division or the board may impose a fine not to exceed $500.00 for each violation409
of any provision of this chapter. Such fines shall be listed in a schedule contained in the410
rules and regulations of the board. The licensee shall pay the fine within 30 days after411
receiving written notification from either the appropriate division board or a representative412
of the division board unless the licensee requests in writing a hearing before the division413
board. Such request for a hearing must be received by the division board within 30 days414
after receipt of the written notification from the division board. Failure either to pay the415
fine or request a hearing shall result in immediate suspension of the license pending a416
hearing by the board to determine whether revocation or other disciplinary action should417
be imposed on the licensee."418
SECTION 13.419
Said chapter is further amended by revising Code Section 43-47-17, relating to consent to420
inspection as condition of licensure, as follows:421
"43-47-17.422
Every person required to be licensed under this chapter shall, as a condition of licensure,423
be deemed to have granted authority and permission to the board, to either division, or to424
any peace officer to inspect any record or document and any motor vehicle or motor425
vehicle part or accessory at or on the premises of his or her principal place of business, or426
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any additional place of business, at any reasonable time during the day or night during
427
reasonable business hours."428
SECTION 14.429
Said chapter is further amended in Code Section 43-47-21, relating to civil penalty, civil430
action, right of private action, and persons already licensed to make changes at time of431
renewal of license, by revising subsection (b) as follows:432
"(b) The penalty provided in subsection (a) of this Code section and any restitution due to433
specifically named consumers for violations of this chapter shall be recoverable by a civil434
action brought by the division,
the board, the Attorney General, or any district attorney,435
solicitor-general, or municipal or county attorney in any superior or state court having436
proper jurisdiction. The proceeds of any civil penalty shall be remitted to the board by the437
clerk of the court in which such case is filed; provided, however, that in an action brought438
on behalf of a county or municipality one-half of the proceeds of such civil penalty shall439
be paid into the treasury of such county or municipality. The court shall order any440
restitution recovered on behalf of any consumer to be paid over directly to the consumer441
by the defendant."442
SECTION 15.443
All laws and parts of laws in conflict with this Act are repealed.444
H. B. 630
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