House Bill 110
By: Representatives Bonner of the 73rd, Ballard of the 147th, Gullett of the 19th, Clark of the
100th, and Westbrook of the 163rd
A BILL TO BE ENTITLED
AN ACT
To amend Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia
Annotated, relating to pawnbrokers, so as to provide certain protections for current military
members and related persons; to prohibit pawnbrokers from making title pawns with covered
borrowers; to provide a penalty for violations; to provide for a definition; to provide for
related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated,
relating to pawnbrokers, is amended in Code Section 44-12-137, relating to prohibited acts,
penalties, presumption as to pledgor, and replacement or damaged goods, by adding a new
subsection to read as follows:
"(c)(1) As used in this subsection, the term 'covered borrower' shall have the same
meaning as provided in 32 C.F.R. Section 232.3.
(2) No pawnbroker shall conduct a pawn transaction involving a motor vehicle or motor
vehicle certificate of title with a covered borrower.
(3) Any pawnbroker that knowingly conducts a pawn transaction in violation of
paragraph (2) of this subsection shall be subject to a civil penalty of four times the
principal amount advanced in such pawn transaction. Such civil penalty shall be
recoverable in a civil action brought in any court of competent jurisdiction by the
Attorney General or any district attorney."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.