House Bill 300
By: Representatives Dubnik of the 29th, Bonner of the 73rd, Hawkins of the 27th, Dunahoo of
the 31st, Camp of the 135th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Titles 43 and 44 of the Official Code of Georgia Annotated, relating to professions
and businesses and property, respectively, so as to revise provisions relating to pawnbrokers
to exclude motor vehicle certificates of title from pawn transactions; to remove provisions
stating that possession of a motor vehicle certificate of title by pawnbrokers is deemed to be
possession of the motor vehicle; to remove references to pawnbrokers repossessing motor
vehicles; to remove the ability of pawnbrokers to charge fees relating to registering liens on
motor vehicle certificates of title and repossessing motor vehicles; to remove requirements
relating to the disclosure of such fees; to revise definitions; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,
is amended in Code Section 43-47-2, relating to definitions relative to used motor vehicle
and used motor vehicle parts dealers, by revising subparagraph (A) of paragraph (17) and
division (v) of subparagraph (B) of paragraph (17) as follows:
"(17)(A) 'Used motor vehicle dealer,' 'used car dealer,' or 'licensee' means any person
who, for commission or with intent to make a profit or gain of money or other thing of
value, sells, exchanges, rents with option to purchase, offers, or attempts to negotiate
a sale or exchange of an interest in used motor vehicles or who is engaged wholly or
in part in the business of selling used motor vehicles, whether or not such motor
vehicles are owned by such person. A motor vehicle wholesaler and a motor vehicle
broker shall be deemed to be a used motor vehicle dealer or a used car dealer for the
purposes of this chapter. Any independent motor vehicle leasing agency which sells
or offers for sale used motor vehicles shall be deemed to be a used motor vehicle dealer
or a used car dealer for the purposes of this chapter. Any motor vehicle auction
company selling or offering for sale used motor vehicles to independent motor vehicle
dealers or to individual consumers shall be deemed to be a used motor vehicle dealer
or used car dealer for the purposes of this chapter except as otherwise provided in
division (x) of subparagraph (B) of this paragraph. Without limiting any of the
foregoing, the sale of five or more used motor vehicles in any one calendar year shall
be prima-facie evidence that a person is engaged in the business of selling used motor
vehicles. A pawnbroker who disposes of <del>all repossessed</del> motor vehicles by selling or
exchanging his or her interest in such motor vehicles only to licensees under this
chapter shall not be considered a used motor vehicle dealer under this chapter as long
as such pawnbroker does not otherwise engage in activities which would bring him or
her under the licensing requirements of this chapter."
"(v) Financial institutions when the financial institution sells its repossessed or leased
motor vehicles. <del>Finance companies, for purposes of this chapter, shall not include a
pawnbroker as defined in Code Section 44-12-130;"
</del>
SECTION 2.
Said title is further amended in Code Section 43-47-3, relating to the State Board of
Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers, by
revising paragraph (9) of subsection (a) as follows:
"(9) One member shall be a pawnbroker as defined in Code Section 44-12-130 who is
in the business of pawning <del>automobile titles</del> <ins>motor vehicles</ins> and is licensed as a used car
dealer; and"
SECTION 3.
Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in Code
Section 44-12-130, relating to definitions relative to pawnbrokers, by revising paragraph (5)
as follows:
"(5) 'Pledged goods' means tangible personal property, including, without limitation, all
types of motor vehicles <del>or any motor vehicle certificate of title,</del> which property is
purchased by, deposited with, or otherwise actually delivered into the possession of a
pawnbroker in connection with a pawn transaction. <del>However, for purposes of this Code
section, possession of any motor vehicle certificate of title which has come into the
possession of a pawnbroker through a pawn transaction made in accordance with law
shall be conclusively deemed to be possession of the motor vehicle, and the pawnbroker
shall retain physical possession of the motor vehicle certificate of title for the entire
length of the pawn transaction but shall not be required in any way to retain physical
possession of the motor vehicle at any time. 'Pledged goods'</del> <ins>Such term</ins> shall not include
choses in action, securities, <del>or</del> printed evidences of indebtedness, or any motor vehicle
<ins>certificate of title."
</ins>
SECTION 4.
Said title is further amended in Code Section 44-12-131, relating to duration of pawn
transactions, lease-back of motor vehicles prohibited, taking possession of motor vehicles,
restrictions on interest, fees, or charges, action to recover excessive or undisclosed charges,
and consequences of excessive charges, by revising subsection (a) as follows:
"(a)(1) All pawn transactions shall be for 30 day periods but may be extended or
continued for additional 30 day periods.
(2) A pawnbroker shall not lease back to the seller or pledgor any motor vehicle during
a pawn transaction or during any extension or continuation of the pawn transaction.
(3) <del>Unless otherwise agreed, a pawnbroker has upon default the right to take possession
of the motor vehicle. In taking possession, the pawnbroker or his agent may proceed
without judicial process if this can be done without breach of the peace or may proceed
by action</del> <ins>Reserved.
</ins> (4)(A) During the first 90 days of any pawn transaction or extension or continuation
of the pawn transaction, a pawnbroker may charge for each 30 day period interest and
pawnshop charges which together equal no more than 25 percent of the principal
amount advanced, with a minimum charge of up to $10.00 per 30 day period.
(B) On any pawn transaction which is continued or extended beyond 90 days, a
pawnbroker may charge for each 30 day period interest and pawnshop charges which
together equal no more than 12.5 percent of the principal amount advanced, with a
minimum charge of up to $5.00 per 30 day period.
(C) <del>In addition to the charges provided for in subparagraphs (A) and (B) of this
paragraph, in a pawn transaction or in any extension or continuation of a pawn
transaction involving a motor vehicle or a motor vehicle certificate of title, a
pawnbroker may charge the following:
</del>
<del>(i) A fee equal to no more than any fee imposed by the appropriate state to register
a lien upon a motor vehicle title, but only if the pawnbroker actually registers such a
lien;
(ii) No more than $5.00 per day in storage fees, but only if an actual repossession
pursuant to a default takes place on a vehicle which was not already in the
pawnbroker's possession and only for each day the pawnbroker must actually retain
possession of the motor vehicle; and
(iii) A repossession fee of $50.00 within 50 miles of the office where the pawn
originated, $100.00 within 51 to 100 miles, $150.00 within 101 to 300 miles and a fee
of $250.00 beyond 300 miles, but only if an actual repossession pursuant to a default
takes place on a vehicle which was not already in the pawnbroker's possession
</del> <ins>Reserved.
</ins> (D) If a pledgor or seller requests that the pawnbroker mail or ship the pledged item
to the pledgor or seller, a pawnbroker may charge a fee for the actual shipping and
mailing costs, plus a handling fee equal to not more than 50 percent of the actual
shipping and mailing costs.
(E) In the event the pledgor or seller has lost or destroyed the original pawn ticket, a
pawnbroker may, at the time of redemption, charge a fee equal to not more than $2.00.
(5) No other charge or fee of any kind by whatever name denominated, including but not
limited to any other storage fee for a motor vehicle, shall be made by a pawnbroker
except as set out in paragraph (4) of this subsection.
(6) No fee or charge provided for in this Code section may be imposed unless a
disclosure regarding that fee or charge has been properly made as provided for in Code
Section 44-12-138.
(7)(A) Any interest, fees, or charges collected which are undisclosed, improperly
disclosed, or in excess of that allowed by this subsection may be recovered by the
pledgor or seller in an action at law in any superior court of appropriate jurisdiction.
(B) In any such action in which the pledgor or seller prevails, the court shall also award
reasonable attorneys' fees, court costs, and any expenses of litigation to the pledgor or
seller.
(C) Before filing an action under this Code section, the pledgor or seller shall provide
the pawnbroker with a written notice by certified mail or statutory overnight delivery,
return receipt requested, that such an action is contemplated, identifying any fees or
charges which the pledgor or seller contends are undisclosed, improperly disclosed, or
in excess of the fees and charges allowed by this Code section. If the court finds that
during the 30 days following receipt of this notice the pawnbroker made a good faith
offer to return any excess, undisclosed, or improperly disclosed charges, the court shall
award reasonable attorneys' fees, court costs, and expenses of litigation to the
pawnbroker.
(D) No action shall be brought under this Code section more than two years after the
pledgor or seller knew or should have known of the excess, undisclosed, or improperly
disclosed charges."
SECTION 5.
Said title is further amended in Code Section 44-12-138, relating to restrictions on
advertising and disclosure tickets or statements, by revising subsection (b) as follows:
"(b) Every pawnbroker in every pawn transaction shall present the pledgor or seller with
a written disclosure ticket or statement in at least nine-point type, appropriately completed,
with no other written or pictorial matter except as provided in subsection (c) of this Code
section, containing the following information:
(1) Information identifying the pawnbroker by name and address;
(2) A statement as follows:
'This is a pawn transaction. Failure to make your payments as described in this
document can result in the loss of the pawned item. The pawnbroker can sell or keep
the item if you have not made all payments by the specified maturity date.';
(3) If the pawned item is a motor vehicle <del>or motor vehicle certificate of title,</del> a statement
as follows:
'Failure to make your payment as described in this document can result in the loss of
your motor vehicle. <del>The pawnbroker can also charge you certain fees if he or she
actually repossesses the motor vehicle.';
</del> (4) A statement that the length of the pawn transaction is 30 days and that it can only be
renewed with the agreement of both parties and only for 30 day incremental periods;
(5) The annual percentage rate, computed in accordance with the federal Truth in
Lending Act and regulations under the federal Truth in Lending Act, for the first 30 days
of the transaction, computed as if all interest and pawnshop charges were considered to
be interest;
(6) The annual percentage rate, computed in accordance with the federal Truth in
Lending Act and regulations under the federal Truth in Lending Act, for each 30 day
period in which the pawn transaction might be continued or extended, computed as if all
interest and pawnshop charges were considered to be interest. For purposes of
identifying the annual percentage rate after the second continuation or extension, a single
statement which identifies an annual percentage rate for each possible 30 day period
thereafter shall meet the requirements of this Code section;
(7) A statement in dollar amounts of how much it will cost the seller or pledgor to
redeem the merchandise in the first 30 day period of the transaction;
(8) A statement in dollar amounts of how much it will cost the seller or pledgor to
redeem the merchandise in any 30 day period after the first 30 day period of the pawn
transaction, provided that all fees and charges have been kept current;
(9) A statement of the specific maturity date of the pawn transaction;
(10) A statement of how long, the grace period, the pledged goods may be redeemed
after the specific maturity date and the dollar amount which will be required to redeem
the pledged goods after the specific maturity date;
(11) A statement that after the grace period the pledged goods become the property of
the pawnbroker;
(12) If the pawn transaction involves a motor vehicle <del>or motor vehicle certificate of title,
</del> a statement that the pawnbroker may not charge a storage fee for the motor vehicle <del>unless
the pawnbroker repossesses the motor vehicle pursuant to a default;
</del> (13) <del>If the pawn transaction involves a motor vehicle or motor vehicle certificate of title,
a statement that the pawnbroker may charge a storage fee for a repossessed motor vehicle
not to exceed $5.00 per day, but only if the pawnbroker actually repossesses and actually
must store the motor vehicle</del> <ins>Reserved;
</ins> (14) <del>If the pawn transaction involves a motor vehicle or motor vehicle certificate of title,
a statement that the pawnbroker may charge a repossession fee, not to exceed $50.00, but
only if the pawnbroker actually repossesses the motor vehicle</del> <ins>Reserved;
</ins> (15) <del>If the pawn transaction involves a motor vehicle or motor vehicle certificate of title,
a statement that the pawnbroker may charge a fee to register a lien upon the motor vehicle
certificate of title, not to exceed any fee actually charged by the appropriate state to
register a lien upon a motor vehicle certificate of title, but only if the pawnbroker actually
places such a lien upon the motor vehicle certificate of title</del> <ins>Reserved;
</ins> (16) A statement that any costs to ship the pledged items to the pledgor or seller can be
charged to the pledgor or seller, along with a handling fee to equal no more than 50
percent of the actual costs to ship the pledged items; and
(17) A statement that a fee of up to $2.00 can be charged for each lost or destroyed pawn
ticket."
SECTION 6.
Said title is further amended in Code Section 44-14-403, relating to lien of pawnbroker,
action for interference, grace period on pawn transactions, extension or continuation of
maturity date, and redemption of goods after maturity date, by revising paragraphs (1) and
(4) of subsection (b) as follows:
"(b)(1) There shall be a grace period on all pawn transactions. On pawn transactions
involving motor vehicles <del>or motor vehicle certificates of title,</del> the grace period shall be
30 calendar days; on all other pawn transactions the grace period shall be ten calendar
days. In the event that the last day of the grace period falls on a day in which the
pawnbroker is not open for business, the grace period shall be extended through the first
day following upon which the pawnbroker is open for business. The pawnbroker shall
not sell the pledged goods during the grace period."
"(4) Any attempt to circumvent the interest rates and charges as specified in Code
Section 44-12-131 shall be null and void. A pawn transaction shall be considered to have
been extended or continued unless:
(A) All charges, fees, and the principal have actually been paid or repaid on the
previous pawn transaction;
(B) The pledged goods in the previous transaction, <del>including but not limited to a motor
vehicle certificate of title,</del> have actually been restored to the possession of the pledgor
or seller; and
(C) The pledged goods in the previous transaction have been removed from the
business premises of the pawnbroker <del>and, in the case of a motor vehicle certificate of
title, any lien on the motor vehicle certificate of title has been removed or released."
</del> SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.