SB293: SB293 License Plates for Certain Veterans; the number of free license plates issued to certain veterans; increase

26 SB 293/AP Senate Bill 293 By: Senators Anderson of the 24th, Payne of the 54th, Gooch of the 51st, Robertson of the 29th, Kennedy of the 18th and others AS PASSED A BILL TO BE ENTITLED AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and1 traffic, so as to revise penalties for certain offenses relativ e to license plates, revalidation2 decals, temporary operating permits, certificates of registrati on, certificates of title, and3 alteration of odometers; to provide for limitations on the priv ate use of dealer vehicles by4 employees; to revise fees for manufacturer, manufacturer headqu arters, distributor, and5 dealer license plates; to provide for required material and des ign of such license plates; to6 provide for required material and design of a dealer's license plate; to provide for the7 issuance of annual permits by the Department of Revenue to oper ate unregistered motor8 vehicles upon highways of this state; to provide for conditions and limitations upon such9 operation; to provide for application requirements; to provide for violations and punishment;10 to provide for authority to suspend or revoke such permits; to authorize collection of a fee11 for such permits; to provide for authority to adopt rules and regulations; to amend Chapter12 47 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicles and13 used motor vehicle parts dealers, so as to provide that the State Board of Registration of Used14 Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers be s ubject to the "Georgia15 Administrative Procedure Act"; to provide for requirements for licensure as a used motor16 vehicle dealer or used motor vehicle parts dealer; to authorize investigations by the17 S. B. 293 - 1 - 26 SB 293/AP Department of Revenue; to provide for related matters; to provi de for effective dates; to18 repeal conflicting laws; and for other purposes.19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:20 PART I21 SECTION 1-1.22 Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is23 amended by revising Code Section 40-2-4, relating to manufactur e, sale, or issuance of24 license plate or revalidation decal prohibited, as follows:25 "40-2-4.26 (a) Except as otherwise provided for in Article 2B of this chapter, it shall be unlawful for27 any person, firm, or corporation to make, sell, or issue any li cense plate or revalidation28 decal.29 (b) Any person, firm, or corporation violating subsection (a) of this Code section shall be30 guilty of a misdemeanor felony."31 SECTION 1-2.32 Said title is further amended by revising Code Section 40-2-5, relating to unlawful actions33 relating to license plate and use of expired prestige license plate, as follows:34 "40-2-5.35 (a) Except as otherwise provided in this chapter, it shall be unlawful:36 (1) To remove or transfer a license plate from the motor vehicle for which such license37 plate was issued;38 (2) To sell or otherwise transfer or dispose of a license plat e upon or for use on any39 motor vehicle other than the vehicle for which such license plate was issued;40 S. B. 293 - 2 - 26 SB 293/AP (3) To buy, receive, use, or possess for use on a motor vehicl e any license plate not41 issued for use on such motor vehicle; or42 (4) To operate a motor vehicle bearing a license plate which w as improperly removed43 or transferred from another vehicle.44 (b) Any person who shall knowingly violate any provision of subsection (a) of this Code45 section shall be guilty of a misdemeanor of a high and aggravat ed nature and, upon46 conviction thereof, shall be punished by a fine of not less tha n $500.00 $750.00 or by47 confinement for not more than 12 months, or both.48 (c) It shall not be unlawful for any person to place an expired prestige license plate on the49 front of a motor vehicle provided that such vehicle also bears a current valid license plate50 on the rear of such vehicle."51 SECTION 1-3.52 Said title is further amended by revising Code Section 40-2-6, relating to alteration of license53 plates and operation of vehicle with altered or improperly transferred plate, as follows:54 "40-2-6.55 Except as otherwise provided in this chapter, any person who sh all willfully mutilate,56 obliterate, deface, alter, change, or conceal any numeral, lett er, character, county57 designation, or other marking of a ny license plate issued under the motor vehicle58 registration laws of this state; who shall knowingly operate a vehicle bearing a license plate59 on which any numeral, letter, character, county designation, or other marking has been60 willfully mutilated, obliterated, defaced, altered, changed, or concealed; or who shall61 knowingly operate a vehicle bearing a license plate issued for another vehicle and not62 properly transferred as provided by law shall be guilty of a mi sdemeanor and, upon63 conviction thereof, shall be punished by a fine of not less than $750.00 or by confinement64 of not more than 12 months, or both."65 S. B. 293 - 3 - 26 SB 293/AP SECTION 1-4.66 Said title is further amended by revising Code Section 40-2-6.1, relating to obscuring license67 plate in order to impede surveillance equipment, as follows:68 "40-2-6.1.69 Any person who willfully covers any license plate with plastic, other material, or any part70 of his or her body in order to prevent or impede the ability of surveillance equipment to71 clearly photograph or otherwise obtain a clear image of the lic ense plate is guilty of a72 misdemeanor and shall be punished by a fine not to exceed $1,000.00 and, upon conviction73 thereof, shall be punished by a fine of not less than $750.00 or by confinement of not more74 than 12 months, or both."75 SECTION 1-5.76 Said title is further amended by revising Code Section 40-2-7, relating to removing or77 affixing license plate with intent to conceal or misrepresent, as follows:78 "40-2-7.79 A person who removes a license plate from a vehicle or affixes to a vehicle a license plate80 not authorized by law for use on it, in either case with intent to conceal or misrepresent the81 identity of the vehicle or its owner, is guilty of a misdemeano r and, upon conviction82 thereof, shall be punished by a fine of not less than $750.00 or by confinement of not more83 than 12 months, or both . As used in this Code section, 'remove' includes deface or84 destroy."85 SECTION 1-6.86 Said title is further amended by revising Code Section 40-2-8.1 , relating to issuance of87 temporary operating permits, electronic temporary operating permit issuance system, system88 access, and suspension from system, as follows:89 "40-2-8.1.90 S. B. 293 - 4 - 26 SB 293/AP (a) As used in this Code section, the term 'dealer' means any person who is engaged, in91 whole or in part, in the business of selling, exchanging, renting with an option to purchase,92 or offering an interest in motor vehicles for commission or with intent to make a profit or93 gain of money or other thing of value, whether or not such moto r vehicles are owned by94 such person, and demonstrates an annual motor vehicle sales history of at least five motor95 vehicle sales as identified by department records or documentat ion approved by the96 department.97 (b) Any dealer of new or used motor vehicles shall issue a tem porary operating permit98 without charge or fee to the purchaser of a vehicle at the time of sale thereof, unless such99 vehicle is to be registered under the International Registration Plan or such dealer is one100 whose primary business is the sale of salvage motor vehicles and other vehicles on which101 total loss claims have been paid by insurers. Such temporary operating permit shall be of102 a standard design prescribed the department; provided, however, that such permit shall not103 resemble a license plate issued by this state. A temporary operating permit may bear the104 name of the dealer and location and shall include an expiration date which shall be 45 days105 from the date of purchase and the vehicle identification number of the vehicle to which it106 is assigned. The expiration date of a temporary operating permit may be r evised and107 extended by the county tag agent upon application by the dealer, purchaser, or transferee108 if an extension of the purchaser's initial registration period has been granted as provided109 by Code Section 40-2-20.110 (c)(1) The department may provide by rule or regulation for the sale and distribution of111 temporary operating permits to dealers by third parties through the development and112 maintenance of an electronic temporary operating permit issuance system and establish113 standards for distribution and issuance of such permits. The d epartment may further114 provide by rule or regulation for standards for authorized acce ss to an electronic115 temporary operating permit issuance system, which may include, but shall not be limited116 to, required criminal background checks for any user of the system and periodic audits. 117 S. B. 293 - 5 - 26 SB 293/AP Any third party authorized to sell and distribute temporary ope rating permits shall118 maintain an inventory record of such permits by number and name of the dealer.119 (2)(A) The department shall be authorized to suspend access to the electronic120 temporary operating permit issuance system established pursuant to this Code section121 for any dealer found to have issued temporary operating permits for a vehicle which has122 not been sold or intended to be registered or otherwise violate d requirements for123 issuance of such permits established by rule or regulation of t he department after124 issuance of notice of such violation by electronic means and opportunity for informal125 review as set forth in this subparagraph. Any dealer who has received notice pursuant126 to this subsection of an alleged violation and for whom the dep artment intends to127 suspend access to the electronic temporary operating permit iss uance system may128 request an informal review of the allegations with the departme nt. The method for129 making such request shall be developed by the department and ma y be by electronic130 means. Upon receipt of such request for informal review, the department shall, within131 ten business days, schedule an informal conference with such de aler to review the132 suspected violations. Proceedings under this subparagraph shal l not be governed by133 any formal procedural requirements and may be conducted in such manner as the134 department may establish by rule or regulation. The department shall consider the135 historical use of the electronic temporary operating permit iss uance system by the136 dealer under consideration for access suspension, together with other pertinent137 information which may be available, and shall render a decision regarding access to the138 electronic temporary operating permit issuance system within seven business days of139 the informal conference. Upon a finding that such dealer violated the requirements of140 this Code section or rules and regulations of the department, t he department shall be141 authorized to impose fines or fees as provided by law. The dep artment shall not be142 authorized to suspend access to the temporary operating permit system unless the143 department finds a dealer to be substantially out of compliance with the requirements144 S. B. 293 - 6 - 26 SB 293/AP of this Code section or the rules and regulations of the department and such dealer has145 failed to produce satisfactory evidence of extenuating circumst ances to justify such146 noncompliance.147 (B) If the department suspends a dealer's access to the electronic temporary operating148 permit issuance system established pursuant to this Code sectio n after an informal149 review held pursuant to subparagraph (A) of this paragraph, the suspended dealer shall150 have the right to a formal hearing to review the suspension pur suant to Code151 Section 40-3-6. Such hearing shall be held within 30 days of the department's decision152 to suspend the dealer's access to the electronic temporary oper ating permit issuance153 system and shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia154 Administrative Procedure Act.' At such hearing, the department may present evidence155 of any instances in which the suspended dealer unlawfully issued temporary operating156 permits or issued fraudulent temporary operating permits. Upon a finding that the157 suspended dealer is in compliance with the requirements of this Code section and has158 issued temporary operating permits predominantly for bona fide motor vehicle sales,159 the department shall provide for the immediate restoration of access to the electronic160 temporary operating permit issuance system for such dealer but shall be authorized to161 impose fines or fees as provided by law for failure to comply with the requirements of162 this chapter. Upon a finding that the suspended dealer violated the requirements of this163 Code section or rules and regulations of the department, the de partment shall be164 authorized to extend the term of suspension for a period of up to 24 months. Upon a165 finding that a dealer has unlawfully issued temporary operating permits in violation of166 this chapter or rules and regulations of the department, the department shall further be167 authorized to issue a civil monetary penalty in an amount no greater than $100.00 per168 violation, suspend or revoke the registration issued to a deale r pursuant to Code169 Section 40-2-39, and suspend, confiscate, or limit issuance of any dealer plates issued170 pursuant to Code Section 40-2-38 for a period of up to 24 month s. The department171 S. B. 293 - 7 - 26 SB 293/AP shall comply with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,'172 in relation to the expedited review provided for in this subparagraph and the suspended173 dealer shall have the right to appeal any decision of the department in accordance with174 such chapter.175 (d) The commissioner shall prepare an annual report to the General Assembly on activities176 of the department relating to incidences of fraud and suspected fraud relating to dealers,177 dealer license plates, and temporary operating permits.178 (e) The commissioner is authorized to promulgate rules and regula tions necessary to179 effectuate the provisions of this Code section."180 SECTION 1-7.181 Said title is further amended by revising Code Section 40-2-29, relating to registration and182 license plate required, timing, required documentation, issuanc e of temporary operating183 permit for vehicles failing emission inspection, and extensions, as follows:184 "40-2-29.185 (a) Except as otherwise provided in this chapter, any person p urchasing or acquiring a186 vehicle shall register and obtain, or transfer, a license plate to operate such vehicle from187 the county tag agent in their county of residence no later than seven business days after the188 date of purchase or acquisition of the vehicle by presenting to the county tag agent the189 following:190 (1) If applicable, a motor vehicle certificate of title or an application therefor as provided191 in Chapter 3 of this title;192 (2) Satisfactory proof of owner's insurance coverage as provided for in subsection (d) of193 Code Section 40-2-26;194 (3) If applicable, satisfactory proof of compliance with Article 2 of Chapter 9 of Title 12,195 the 'Georgia Motor Vehicle Emission Inspection and Maintenance Act'; and196 (4) Satisfactory proof that all fees, permits, and taxes have been paid.197 S. B. 293 - 8 - 26 SB 293/AP (b) An application for registration shall be accompanied by ch eck; cash; certified or198 cashier's check; bank, postal, or express money order; or other similar bankable paper for199 the required fee or any taxes required by law.200 (c) Upon application for renewal of a vehicle registration, a person unable to fully comply201 with the requirements of paragraph (3) of subsection (a) of this Code section shall receive202 a temporary operating permit that shall be valid for 30 days.203 (d) The commissioner may provide by rule or regulation for one 30 day extension of the204 initial registration period which may be granted by the county tag agent if the transferor has205 not provided such purchaser or other transferee owner with a title to the motor vehicle more206 than five business days prior to the expiration of such initial registration period. The207 county tag agent shall grant an extension of the initial regist ration period when the208 transferor, purchaser, or transferee can demonstrate by affidavit in a form provided by the209 commissioner that title has not been provided to the purchaser or transferee due to the210 failure of a security interest holder or lienholder to timely release a security interest or lien211 in accordance with Code Section 40-3-56.212 (e) A conviction for displaying a license plate or temporary operating permit not provided213 for in this chapter shall be punished as a misdemeanor."214 SECTION 1-8.215 Said title is further amended by revising Code Section 40-2-38, relating to registration and216 licensing of manufacturers, distributors, and dealers and issua nce of manufacturer,217 manufacturer headquarters, distributor, and dealer license plates, as follows:218 "40-2-38.219 (a)(.1) As used in this Code section, the term 'dealer' shall have the same meaning as set220 forth in Code Section 40-2-8.1.221 (1) Manufacturers, manufacturer headquarters, distributors, and dealers engaged in the222 manufacture, sale, or leasing of vehicles required to be regist ered under Code223 S. B. 293 - 9 - 26 SB 293/AP Section 40-2-20 shall register by electronic means with the com missioner, making224 application for a distinguishing number, upon forms prepared by the commissioner for225 such purposes, and pay therefor a fee of $62.00 $80.00, which shall accompany such226 application. Upon payment of such fee by an applicant, the commissioner shall furnish227 one master number plate to expire each year in accordance with this Code section based228 upon the type of master number plate issued. Each additional plate issued pursuant to this229 Code section shall require payment of a $12.00 $15.00 fee. Each master number plate230 and any additional plates issued pursuant to this Code section shall be distinguished from231 the license plates provided for in this chapter by different and distinguishing colors to be232 determined by the commissioner. The dealer plate for a franchi se franchised motor233 vehicle dealer shall be distinguishable from the dealer plate for a used car motor vehicle234 dealer and from the dealer plate for a motor vehicle wholesaler . Except as otherwise235 authorized by this Code section, a dealer's master number plate or additional plates issued236 pursuant to this Code section shall be for the purpose of demon strating or transporting237 vehicles or trailers for sale or lease. Persons engaged in the business of transporting238 vehicles for a dealer under a vehicle's own power shall be permitted to use such dealer's239 plate for the purpose of transporting a vehicle.240 (2) No dealer may use or permit to be used a dealer's number f or private use, on cars241 motor vehicles for hire or lease, or in any other manner not provided for in this Code242 section. A dealer may use or permit to be used a dealer's numb er for private use on243 vehicles owned for purposes of sale or lease by the dealership, regardless of whether such244 vehicle has been issued a certificate of title or registered, when such vehicles are operated245 by an employee or corporate officer of the dealer which has bee n issued such number. 246 A distinguishing dealer's number used by an employee or officer for private use shall247 authorize such person to operate the vehicle to which the number is attached on the public248 highways and streets. For purposes of, provided that such use shall be for no more than249 S. B. 293 - 10 - 26 SB 293/AP six months per vehicle. As used in this paragraph, the term 'employee' means a person250 who works a minimum of 36 hours per week at the dealership.251 (3) The manufacturer's or distributor's license plate is limit ed to no longer than six252 months' use per vehicle. Upon payment of such a fee by a manufacturer or distributor,253 the commissioner shall issue to manufacturers and distributors number plates with the254 word 'Manufacturer' or 'Distributor' on such plates. Nothing i n this subsection shall255 preclude a manufacturer or distributor from using a 'Manufacturer' or 'Distributor' number256 plate on motor vehicles it owns when such vehicles are used for evaluation or257 demonstration purposes, notwithstanding incidental personal use by a manufacturer or258 distributor. A dealer may apply for one or more distinguishing dealer's numbers. In the259 event the dealers, distributors, or manufacturers desire more than one tag, they shall so260 state on the application, and, in addition to the fee of $62.00 $80.00 provided in this Code261 section, shall pay $12.00 $15.00 for each and every additional number plate furnished.262 (4)(A) Upon application and payment of the required fee, the commissioner shall issue263 to manufacturer headquarters or its affiliate number license pl a t e s w i t h t h e w o r d s264 'Manufacturer HQ' on such plates. The manufacturer headquarters' license plates must265 shall be used exclusively on motor vehicles owned or in possession of a manufacturer266 headquarters or its affiliate. Such manufacturer headquarters' license plates are limited267 to no longer than 24 months' use per vehicle.268 (B) A manufacturer headquarters or its affiliate shall apply on a form prescribed by the269 commissioner and shall provide proof that the applicant:270 (i) Is a bona fide manufacturer headquarters; and271 (ii) Maintains a system of records regarding use of such licen s e p l a t e s . T h e272 manufacturer headquarters shall state in each application the number of manufacturer273 headquarters' license plates requested.274 (C) The manufacturer headquarters or its affiliate shall pay an application fee of $62.00275 $80.00 per application as provided in this Code section and shall pay $12.00 $15.00 for276 S. B. 293 - 11 - 26 SB 293/AP each and every plate furnished. With respect to any manufacturer headquarters' license277 plate issued to a manufacturer headquarters or its affiliate, notwithstanding anything to278 the contrary in this title or Code Section 48-5C-1, such manufacturer headquarters or279 its affiliate, and any person operating or possessing a motor v ehicle using a280 manufacturer headquarters' license plate pursuant to this paragraph, shall not be subject281 to state or local title ad valorem tax fees with respect to such vehicle or manufacturer282 headquarters' license plate.283 (D) The manufacturer headquarters or its affiliate shall maintain a system of records284 regarding the motor vehicle to which the manufacturer headquarters' license plate will285 be attached. Such record shall, at a minimum, contain the:286 (i) Vehicle Identification Number (VIN) identification number;287 (ii) Name and address of the primary individual operating the vehicle; and288 (iii) Manner of use of the vehicle selected from the alternati ve uses referenced in289 subparagraph (E) of this paragraph.290 (E) Vehicles with manufacturer headquarters' license plates ma y be operated by291 persons authorized by the manufacturer headquarters or its affiliate on vehicles of its292 brand for the following manners of use:293 (i) Evaluation, marketing, or demonstration purposes, notwiths tanding incidental294 personal use by a manufacturer headquarters' authorized employee or other authorized295 person designated by such manufacturer headquarters or its affiliate; or296 (ii) As part of a vehicle leasing program operated by such manufacturer headquarters297 or its affiliate for the benefit of employees. Any operation o f a motor vehicle by a298 person for an approved use pursuant to this subparagraph shall be deemed to be a299 demonstration of the motor vehicle for purposes of Code Section 48-8-39.300 (5) The commissioner shall include a distinctive logo or emblem for any manufacturer's,301 distributor's, or manufacturer headquarters' license plate to be attached to an alternative302 fueled vehicle, as such term is defined in paragraph (7) of sub s e c t i o n ( l ) o f C o d e303 S. B. 293 - 12 - 26 SB 293/AP Section 40-2-86.1. Alternative fuel vehicles bearing a special license plate pursuant to304 this subsection shall be subject to the alternative fuel vehicle fees as set forth in paragraph305 (19) of subsection (a) of Code Section 40-2-151 at the time of initial issuance and306 annually thereafter in a manner prescribed by the commissioner. Display of a special307 license plate issued pursuant to this paragraph shall authorize travel by such alternative308 fueled vehicle in lanes for exclusive or preferential use desig nated pursuant to Code309 Section 32-9-4.310 (b)(1) Dealer plates shall be issued in the following manner:311 (A) Dealers shall be issued a master plate and two additional plates, for a total of three312 initial plates; and313 (B) In addition to the three dealer plates issued in accordance with subparagraph (A)314 of this paragraph, each dealer may also be issued one additional dealer plate for every315 20 units sold in a calendar year.316 (2) In order to determine the additional number and classification of plates to be issued317 to a dealer, a dealer shall be required to certify by affidavit to the department the number318 of retail and wholesale units sold in the prior calendar year using the past motor vehicle319 sales history of the dealer as identified by department records or documentation approved320 by the department. If no sales history is available, the department shall issue a number321 of plates based on an estimated number of sales for the coming calendar year. The322 department may, in its discretion, request documentation suppor ting sales history and323 may increase or decrease the number and classification of plates issued based on actual324 sales.325 (b.1) On and after January 1, 2027, the license plates issued pursuant to this Code section326 shall be of a metal material and feature raised text and designs created by stamping dies.327 (c) The license plates issued pursuant to this Code section shall be revoked and confiscated328 upon a determination after a hearing that such dealer, distribu tor, manufacturer, or329 S. B. 293 - 13 - 26 SB 293/AP manufacturer headquarters has unlawfully used such license plates in violation of this Code330 section.331 (d) If a license plate issued pursuant to this Code section is lost or stolen, the dealer,332 manufacturer, distributor, manufacturer headquarters, or other party to whom the license333 plate was issued shall immediately report the lost or stolen plate to local law enforcement334 agencies. If a replacement license plate is sought, the dealer , manufacturer, distributor,335 manufacturer headquarters, or other party to whom the license plate was issued shall file336 a notarized affidavit with the department requesting a replacem ent plate. Such affidavit337 shall certify under penalty of perjury that the license plate has been lost or stolen and that338 the loss has been reported to a local law enforcement agency.339 (e) Except as otherwise provided for in this Code section, the expiration of a license plate340 issued pursuant to this Code section shall be the last day of t he registration period as341 provided in division (a)(1)(A)(ii) of Code Section 40-2-21, except that for the purposes of342 this subsection, the registration period shall be determined by the first letter of the legal343 name of the business listed on the application for registration or renewal of registration. 344 An application for renewal of registration shall not be submitted earlier than 90 days prior345 to the last day of the registration period. A penalty of 25 percent of the total registration346 fees due shall be assessed any person registering pursuant to this Code section who, prior347 to the expiration of such person's registration period, fails to apply for renewal or, if having348 applied, fails to pay the required fees."349 SECTION 1-9.350 Said title is further amended by revising Code Section 40-2-41, relating to display of license351 plates, as follows:352 "40-2-41.353 Unless otherwise permitted under this chapter, every vehicle required to be registered under354 this chapter, which is in use upon the highways, shall at all times display the license plate355 S. B. 293 - 14 - 26 SB 293/AP issued to the owner for such vehicle, and the plate shall be fa stened to the rear of the356 vehicle in a position so as not to swing and shall be at all times plainly visible. No person357 shall display on the rear of a motor vehicle any temporary or p ermanent plate or tag not358 issued by the State of Georgia which is intended to resemble a license plate which is issued359 by the State of Georgia. The commissioner is authorized to adopt rules and regulations so360 as to permit the display of a license plate on the front of cer tain vehicles. It shall be the361 duty of the operator of any vehicle to keep the license plate legible at all times. No license362 plate shall be covered with any material unless the material is colorless and transparent. 363 No apparatus that obstructs or hinders the clear display and legibility of a license plate shall364 be attached to the rear of any motor vehicle required to be reg istered in the state. Any365 person who violates any provision of this Code section shall be guilty of a misdemeanor,366 and when he or she is found to have violated this Code section for the purposes of willfully367 concealing or obscuring the information on a license plate, he or she shall be punished by368 a fine of not less than $750.00 or by confinement of not more than 12 months, or both."369 SECTION 1-10.370 Said title is further amended by revising Code Section 40-3-90, relating to certain acts371 declared felonies, as follows:372 "40-3-90.373 The following acts shall be punishable by a felony when a A person who, with fraudulent374 intent:375 (1) Alters, forges, or counterfeits a certificate of title;376 (2) Alters or forges an assignment of a certificate of title or an assignment or release of377 a security interest on a certificate of title or a form the commissioner prescribed;378 (3) Has possession of or uses a certificate of title knowing it to have been altered, forged,379 or counterfeited;380 S. B. 293 - 15 - 26 SB 293/AP (4) Uses a false or fictitious name or address or makes a material false statement, or fails381 to disclose a security interest, or conceals any other material fact in an application for a382 certificate of title;383 (5) Alters or forges a notice of a transaction concerning a se curity interest or lien384 reflected on the certificate of title as provided by Code Section 40-3-27;385 (6) Knowingly falsifies any information on the statement required by paragraph (2) of386 subsection (a) of Code Section 40-3-36; or387 (7) Knowingly falsifies the odometer reading on a certificate of title;388 (8) Knowingly makes any false statement in any certificate of title application as to the389 date a vehicle was sold or acquired or as to the date of creation of a security interest or390 lien; or391 (7)(9) Willfully violates any other provision of this chapter after having previously392 violated the same or any other provision of this chapter and having been convicted of that393 act in a court of competent jurisdiction394 shall be guilty of a felony."395 SECTION 1-11.396 Said title is further amended by revising Code Section 40-3-91, relating to certain acts397 declared misdemeanors, as follows:398 "40-3-91.399 (a) The following acts shall be punishable by a misdemeanor wh en a person A person400 who:401 (1) With fraudulent intent, permits another, not entitled thereto, to use or have possession402 of a certificate of title;403 (2) Willfully fails to mail or deliver a certificate of title to the commissioner or to the404 purchaser of the motor vehicle or a release of security interest or lien to the owner within405 ten days of the time required by this chapter, except as provided in Code Section 40-3-90;406 S. B. 293 - 16 - 26 SB 293/AP (3) Willfully fails or refuses to mail or deliver the certificate of title to the commissioner407 within ten days after having received a notice, as provided for in Code Section 40-3-27408 or 40-3-52; or409 (4) Willfully violates any other provision of this chapter410 shall be guilty of a misdemeanor.411 (b) Any person, firm, or corporation which knowingly makes any false statement in any412 title application as to the date a vehicle was sold or acquired or as to the date of creation413 of a security interest or lien shall be guilty of a misdemeanor and, upon conviction thereof,414 shall be fined not more than $100.00 or imprisoned for a period not to exceed 30 days.415 (c)(b) Any person, firm, or corporation which delivers or accepts a certificate of title416 assigned in blank shall be guilty of a misdemeanor and, upon conviction thereof, shall be417 fined not more than $100.00 or imprisoned $750.00 or confined for a period not to exceed418 30 days for the acceptance or delivery of each certificate of title assigned in blank."419 SECTION 1-12.420 Said title is further amended by revising Code Section 40-8-5, relating to alteration of421 odometer, involvement with devices which cause odometer to regi ster other than actual422 mileage, and penalties, as follows:423 "40-8-5.424 (a) It shall be unlawful for any person knowingly to tamper with, adjust, alter, change, set425 back, disconnect, or fail to connect an odometer of a motor vehicle, or to cause any of the426 foregoing to occur to an odometer of a motor vehicle, so as to reflect a lower mileage than427 the motor vehicle has actually been driven, except as provided in this Code section.428 (b) It shall be unlawful for any person knowingly to bring into this state a motor vehicle429 which reflects a lower mileage than the motor vehicle actually has been driven due to any430 illegal acts outlined in subsection (a) of this Code section.431 S. B. 293 - 17 - 26 SB 293/AP (c) It shall be unlawful for any person knowingly to sell or attempt to sell a motor vehicle432 which reflects a lower mileage than the motor vehicle actually has been driven due to any433 illegal acts outlined in subsection (a) of this Code section.434 (d) Subsections (a), (b), and (c) of this Code section shall not apply to the disconnection435 of the odometer used for registering the mileage or use of new motor vehicles being tested436 by the manufacturer prior to delivery to a franchised motor vehicle dealer.437 (e) It shall be unlawful for any person to advertise for sale, to sell, to use, to install, or to438 have installed any device which causes an odometer to register any mileage other than the439 actual mileage driven. For the purposes of this subsection, the actual mileage driven is that440 mileage driven by the vehicle as registered by the odometer wit hin the manufacturer's441 designed tolerance.442 (f) It shall be unlawful for any person to conspire with any o ther person to violate this443 Code section.444 (g)(1) In addition to any other penalty provided by law, any person who, with intent to445 defraud, violates this Code section shall be liable in an amount equal to the sum of:446 (A) Three times the amount of actual damages sustained or $1,5 00.00 $10,000.00,447 whichever is greater; and448 (B) In the case of any successful action to enforce the foregoing liability, the costs of449 the action, together with reasonable attorney's fees, as determined by the court.450 (2) Any action to enforce any liability created under this subsection may be brought in451 any superior court or state court having proper jurisdiction, w ithin two years from the452 date on which the liability arises.453 (h)(1) If any person violates any provision of this Code section, the Attorney General,454 any district attorney in this state, or any solicitor-general in this state may bring an action455 in any superior court or state court having jurisdiction to restrain such violation.456 (2) Any action arising under paragraph (1) of this subsection may be brought within two457 years from the date of the violation.458 S. B. 293 - 18 - 26 SB 293/AP (i) Any person violating this Code section shall be guilty of a misdemeanor felony."459 PART IA460 SECTION 1A-1.461 Said title is further amended by repealing in its entirety Arti cle 5, relating to unregistered462 motor trucks, and enacting a new Article 5 to read as follows:463 "ARTICLE 5464 40-2-110.465 (a) Upon proper application, the department shall be authorized to issue in writing a permit466 authorizing the limited operation of an unregistered motor vehicle upon highways in this467 state. A permit issued pursuant to this Code section shall be for 12 months from the date468 the permit is issued and may be interchanged from vehicle to vehicle. Every such permit469 shall be carried in the vehicle and shall be open to inspection by any peace officer or470 authorized agent of the department.471 (b) The application for a permit issued pursuant to this Code section shall include the point472 of departure for the unregistered motor vehicle, which shall be the address listed upon a473 business license, occupational tax certificate, or other docume nt required to operate a474 business issued by a county or municipal corporation in this state. The authorization for475 the operation of a motor vehicle based upon a permit issued pursuant to this Code section476 shall be limited to a distance of two miles from the point of d eparture listed on the477 application during daylight hours. Operation of an unregistered motor vehicle other than478 as authorized by a permit issued pursuant to this Code section shall be punished as for a479 violation of Code Section 40-2-8.480 S. B. 293 - 19 - 26 SB 293/AP (c) No permit shall be issued to an applicant pursuant to this Code section unless such481 applicant provides the department sufficient proof of:482 (1) Liability insurance covering property damage and bodily in jury to third parties483 caused by vehicles rented, leased, borrowed, or used by employees for business purposes484 in an amount equal or greater than the required by the minimum coverage as specified in485 Chapter 34 of Title 33; and486 (2) Either:487 (A) A continuous surety company bond in an amount of at least $50,000.00; or488 ( B ) A c u r r e n t l i c e n s e a s a u s e d m o t o r v e h i c l e p a r t s d e a l e r i s sued pursuant to489 Chapter 47 of Title 43.490 (d) For just cause, including, but not limited to, repeated and consistent past violations, the491 department may refuse to issue or may suspend or revoke a permit issued pursuant to this492 Code section. The specific period of time of any suspension sh all be determined by the493 department. Authority to operate an unregistered motor vehicle upon highways in this state494 shall cease immediately upon the revocation or suspension of any permit issued pursuant495 to this Code section. The department shall be authorized to pr omulgate rules and496 regulations necessary to enforce the suspension of permits auth orized under this Code497 section upon proper notice and hearing provided by Chapter 13 o f Title 50, the 'Georgia498 Administrative Procedure Act.'499 (e) The department shall be authorized to promulgate rules and regulations concerning the500 issuance of permits pursuant to this Code section and charge a fee of $150.00 for the501 issuance thereof."502 PART II503 SECTION 2-1.504 S. B. 293 - 20 - 26 SB 293/AP Chapter 47 of Title 43 of the Official Code of Georgia Annotate d, relating to used motor505 vehicles and used motor vehicle parts dealers, is amended by adding a new Code section to506 read as follows:507 "43-47-6.1.508 The board established pursuant to this chapter shall be subject to Chapter 13 of Title 50,509 the 'Georgia Administrative Procedure Act.'"510 SECTION 2-2.511 Said chapter is further amended in Code Section 43-47-8, relati ng to application for used512 motor vehicle or used motor vehicle parts dealer licenses, bond ing and insurance513 requirements, supplemental licenses, and renewal, by revising s ubsection (a) and514 paragraph (1) of subsection (d) as follows:515 "(a) Any person desiring a license to be a used motor vehicle d ealer or a used motor516 vehicle parts dealer in this state shall submit an application on a form and in such manner517 as may be prescribed by the board, which shall be accompanied by any applicable fees and518 evidence satisfactory to the board that the applicant:519 (1) Maintains an established place of business;520 (2) Is a resident of this state or lists an agent for service of process who is a resident of521 this state;522 (3) Has, within the preceding 12 months, attended a board approve d training and523 information seminar, which shall not exceed one day in length, or passed a board524 approved examination, either of which shall relate to the requi rements of licensees525 provided in this chapter, including books and records to be kep t, requirements of the526 Department of Revenue applicable to licensees, and such other topics as in the opinion527 of the board promote good business practices of licensees;528 (3)(4) Has applied for or obtained a certificate of registration, for sales and use tax with529 the Department of Revenue Form ST-2;530 S. B. 293 - 21 - 26 SB 293/AP (4)(5) Has posted or has made provision for the posting of the bond required under531 subsection (d) of this Code section; and532 (5)(6) Maintains any liability and property damage insurance require d under533 subsection (e) of this Code section."534 "(d)(1) Licensees shall be required, for each license or supple mental license issued in535 connection with an established place of business, to post a bond that is executed with a536 surety company duly authorized to do business in this state. Such bond shall be payable537 to the Governor for the use and benefit of any purchaser and vendees or successors in title538 of any used motor vehicle and shall be conditioned to pay all l osses, damages, and539 expenses that may be sustained by such purchaser, his or her ve ndees, or successors in540 title that may be occasioned by reason of any misrepresentation , deceptive practice, or541 unfair practice or by reason of any breach of warranty as to such used vehicle. Such bond542 shall be in the amount of $35,000.00 $50,000.00 for used car motor vehicle dealers and543 $10,000.00 for used parts dealers and shall be filed, prior to or immediately upon the544 granting of a license under this chapter, with the division dir ector by the licensee and545 shall be approved by the division director as to form and as to the solvency of the surety."546 SECTION 2-3.547 Said chapter is further amended by revising Code Section 43-47- 17, relating to consent to548 inspection as condition of licensure, as follows:549 "43-47-17.550 Every person required to be licensed under this chapter shall, as a condition of licensure,551 be deemed to have granted authority and permission to the board , the Department of552 Revenue, or to any peace officer to inspect any record or document and any motor vehicle553 or motor vehicle part or accessory at or on the premises of his or her principal place of554 business, or any additional place of business, at any reasonable time during the day or night555 during reasonable business hours."556 S. B. 293 - 22 - 26 SB 293/AP PART III557 SECTION 3-1.558 (a) Except as provided for in subsection (b) of this section, this Act shall become effective559 on July 1, 2026.560 (b) Part IA of this Act shall become effective on January 1, 2027.561 SECTION 3-2.562 All laws and parts of laws in conflict with this Act are repealed. 563 S. B. 293 - 23 -