SB 293: License Plates for Certain Veterans; the number of free license plates issued to certain veterans; increase

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 and traffic, so as to revise penalties for certain offenses relative to license plates, revalidation decals, temporary operating permits, certificates of registration, certificates of title, and alteration of odometers; to provide for limitations on the private use of dealer vehicles by employees; to revise fees for manufacturer, manufacturer headquarters, distributor, and dealer license plates; to provide for required material and design of such license plates; to provide for required material and design of a dealer's license plate; to provide for the issuance of annual permits by the Department of Revenue to operate unregistered motor vehicles upon highways of this state; to provide for conditions and limitations upon such operation; to provide for application requirements; to provide for violations and punishment; to provide for authority to suspend or revoke such permits; to authorize collection of a fee for such permits; to provide for authority to adopt rules and regulations; to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicles and used motor vehicle parts dealers, so as to provide that the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers be subject to the "Georgia Administrative Procedure Act"; to provide for requirements for licensure as a used motor vehicle dealer or used motor vehicle parts dealer; to authorize investigations by the Department of Revenue; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I

SECTION 1-1.

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising Code Section 40-2-4, relating to manufacture, sale, or issuance of license plate or revalidation decal prohibited, as follows:

"40-2-4.

(a) Except as otherwise provided for in Article 2B of this chapter, it shall be unlawful for any person, firm, or corporation to make, sell, or issue any license plate or revalidation decal.

(b) Any person, firm, or corporation violating subsection (a) of this Code section shall be guilty of a misdemeanor felony."

SECTION 1-2.

Said title is further amended by revising Code Section 40-2-5, relating to unlawful actions relating to license plate and use of expired prestige license plate, as follows:

"40-2-5.

(a) Except as otherwise provided in this chapter, it shall be unlawful:

(1) To remove or transfer a license plate from the motor vehicle for which such license plate was issued;

(2) To sell or otherwise transfer or dispose of a license plate upon or for use on any motor vehicle other than the vehicle for which such license plate was issued;

(3) To buy, receive, use, or possess for use on a motor vehicle any license plate not issued for use on such motor vehicle; or

(4) To operate a motor vehicle bearing a license plate which was improperly removed or transferred from another vehicle.

(b) Any person who shall knowingly violate any provision of subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be punished by a fine of not less than $500.00 $750.00 or by confinement for not more than 12 months, or both.

(c) It shall not be unlawful for any person to place an expired prestige license plate on the front of a motor vehicle provided that such vehicle also bears a current valid license plate on the rear of such vehicle."

SECTION 1-3.

Said title is further amended by revising Code Section 40-2-6, relating to alteration of license plates and operation of vehicle with altered or improperly transferred plate, as follows:

"40-2-6.

Except as otherwise provided in this chapter, any person who shall willfully mutilate, obliterate, deface, alter, change, or conceal any numeral, letter, character, county designation, or other marking of any license plate issued under the motor vehicle registration laws of this state; who shall knowingly operate a vehicle bearing a license plate on which any numeral, letter, character, county designation, or other marking has been willfully mutilated, obliterated, defaced, altered, changed, or concealed; or who shall knowingly operate a vehicle bearing a license plate issued for another vehicle and not properly transferred as provided by law shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $750.00 or by confinement of not more than 12 months, or both."

SECTION 1-4.

Said title is further amended by revising Code Section 40-2-6.1, relating to obscuring license plate in order to impede surveillance equipment, as follows:

"40-2-6.1.

Any person who willfully covers any license plate with plastic, other material, or any part of his or her body in order to prevent or impede the ability of surveillance equipment to clearly photograph or otherwise obtain a clear image of the license plate is guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000.00 and, upon conviction thereof, shall be punished by a fine of not less than $750.00 or by confinement of not more than 12 months, or both."

SECTION 1-5.

Said title is further amended by revising Code Section 40-2-7, relating to removing or affixing license plate with intent to conceal or misrepresent, as follows:

"40-2-7.

A person who removes a license plate from a vehicle or affixes to a vehicle a license plate not authorized by law for use on it, in either case with intent to conceal or misrepresent the identity of the vehicle or its owner, is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $750.00 or by confinement of not more than 12 months, or both. As used in this Code section, 'remove' includes deface or destroy."

SECTION 1-6.

Said title is further amended by revising Code Section 40-2-8.1, relating to issuance of temporary operating permits, electronic temporary operating permit issuance system, system access, and suspension from system, as follows:

"40-2-8.1.

(a) As used in this Code section, the term 'dealer' means any person who is engaged, in whole or in part, in the business of selling, exchanging, renting with an option to purchase, or offering an interest in motor vehicles for commission or with intent to make a profit or gain of money or other thing of value, whether or not such motor vehicles are owned by such person, and demonstrates an annual motor vehicle sales history of at least five motor vehicle sales as identified by department records or documentation approved by the department.

(b) Any dealer of new or used motor vehicles shall issue a temporary operating permit without charge or fee to the purchaser of a vehicle at the time of sale thereof, unless such vehicle is to be registered under the International Registration Plan or such dealer is one whose primary business is the sale of salvage motor vehicles and other vehicles on which total loss claims have been paid by insurers. Such temporary operating permit shall be of a standard design prescribed the department; provided, however, that such permit shall not resemble a license plate issued by this state. A temporary operating permit may bear the name of the dealer and location and shall include an expiration date which shall be 45 days from the date of purchase and the vehicle identification number of the vehicle to which it is assigned. The expiration date of a temporary operating permit may be revised and extended by the county tag agent upon application by the dealer, purchaser, or transferee if an extension of the purchaser's initial registration period has been granted as provided by Code Section 40-2-20.

(c)(1) The department may provide by rule or regulation for the sale and distribution of temporary operating permits to dealers by third parties through the development and maintenance of an electronic temporary operating permit issuance system and establish standards for distribution and issuance of such permits. The department may further provide by rule or regulation for standards for authorized access to an electronic temporary operating permit issuance system, which may include, but shall not be limited to, required criminal background checks for any user of the system and periodic audits. Any third party authorized to sell and distribute temporary operating permits shall maintain an inventory record of such permits by number and name of the dealer. (2)(A) The department shall be authorized to suspend access to the electronic temporary operating permit issuance system established pursuant to this Code section for any dealer found to have issued temporary operating permits for a vehicle which has not been sold or intended to be registered or otherwise violated requirements for issuance of such permits established by rule or regulation of the department after issuance of notice of such violation by electronic means and opportunity for informal review as set forth in this subparagraph. Any dealer who has received notice pursuant to this subsection of an alleged violation and for whom the department intends to suspend access to the electronic temporary operating permit issuance system may request an informal review of the allegations with the department. The method for making such request shall be developed by the department and may be by electronic means. Upon receipt of such request for informal review, the department shall, within ten business days, schedule an informal conference with such dealer to review the suspected violations. Proceedings under this subparagraph shall not be governed by any formal procedural requirements and may be conducted in such manner as the department may establish by rule or regulation. The department shall consider the historical use of the electronic temporary operating permit issuance system by the dealer under consideration for access suspension, together with other pertinent information which may be available, and shall render a decision regarding access to the electronic temporary operating permit issuance system within seven business days of the informal conference. Upon a finding that such dealer violated the requirements of this Code section or rules and regulations of the department, the department shall be authorized to impose fines or fees as provided by law. The department shall not be authorized to suspend access to the temporary operating permit system unless the department finds a dealer to be substantially out of compliance with the requirements of this Code section or the rules and regulations of the department and such dealer has failed to produce satisfactory evidence of extenuating circumstances to justify such noncompliance.

(B) If the department suspends a dealer's access to the electronic temporary operating permit issuance system established pursuant to this Code section after an informal review held pursuant to subparagraph (A) of this paragraph, the suspended dealer shall have the right to a formal hearing to review the suspension pursuant to Code Section 40-3-6. Such hearing shall be held within 30 days of the department's decision to suspend the dealer's access to the electronic temporary operating permit issuance system and shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' At such hearing, the department may present evidence of any instances in which the suspended dealer unlawfully issued temporary operating permits or issued fraudulent temporary operating permits. Upon a finding that the suspended dealer is in compliance with the requirements of this Code section and has issued temporary operating permits predominantly for bona fide motor vehicle sales, the department shall provide for the immediate restoration of access to the electronic temporary operating permit issuance system for such dealer but shall be authorized to impose fines or fees as provided by law for failure to comply with the requirements of this chapter. Upon a finding that the suspended dealer violated the requirements of this Code section or rules and regulations of the department, the department shall be authorized to extend the term of suspension for a period of up to 24 months. Upon a finding that a dealer has unlawfully issued temporary operating permits in violation of this chapter or rules and regulations of the department, the department shall further be authorized to issue a civil monetary penalty in an amount no greater than $100.00 per violation, suspend or revoke the registration issued to a dealer pursuant to Code Section 40-2-39, and suspend, confiscate, or limit issuance of any dealer plates issued pursuant to Code Section 40-2-38 for a period of up to 24 months. The department shall comply with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' in relation to the expedited review provided for in this subparagraph and the suspended dealer shall have the right to appeal any decision of the department in accordance with such chapter.

(d) The commissioner shall prepare an annual report to the General Assembly on activities of the department relating to incidences of fraud and suspected fraud relating to dealers, dealer license plates, and temporary operating permits.

(e) The commissioner is authorized to promulgate rules and regulations necessary to effectuate the provisions of this Code section."

SECTION 1-7.

Said title is further amended by revising Code Section 40-2-29, relating to registration and license plate required, timing, required documentation, issuance of temporary operating permit for vehicles failing emission inspection, and extensions, as follows:

"40-2-29.

(a) Except as otherwise provided in this chapter, any person purchasing or acquiring a vehicle shall register and obtain, or transfer, a license plate to operate such vehicle from the county tag agent in their county of residence no later than seven business days after the date of purchase or acquisition of the vehicle by presenting to the county tag agent the following:

(1) If applicable, a motor vehicle certificate of title or an application therefor as provided in Chapter 3 of this title;

(2) Satisfactory proof of owner's insurance coverage as provided for in subsection (d) of Code Section 40-2-26;

(3) If applicable, satisfactory proof of compliance with Article 2 of Chapter 9 of Title 12, the 'Georgia Motor Vehicle Emission Inspection and Maintenance Act'; and

(4) Satisfactory proof that all fees, permits, and taxes have been paid.

(b) An application for registration shall be accompanied by check; cash; certified or cashier's check; bank, postal, or express money order; or other similar bankable paper for the required fee or any taxes required by law.

(c) Upon application for renewal of a vehicle registration, a person unable to fully comply with the requirements of paragraph (3) of subsection (a) of this Code section shall receive a temporary operating permit that shall be valid for 30 days.

(d) The commissioner may provide by rule or regulation for one 30 day extension of the initial registration period which may be granted by the county tag agent if the transferor has not provided such purchaser or other transferee owner with a title to the motor vehicle more than five business days prior to the expiration of such initial registration period. The county tag agent shall grant an extension of the initial registration period when the transferor, purchaser, or transferee can demonstrate by affidavit in a form provided by the commissioner that title has not been provided to the purchaser or transferee due to the failure of a security interest holder or lienholder to timely release a security interest or lien in accordance with Code Section 40-3-56.

(e) A conviction for displaying a license plate or temporary operating permit not provided for in this chapter shall be punished as a misdemeanor."

SECTION 1-8.

Said title is further amended by revising Code Section 40-2-38, relating to registration and licensing of manufacturers, distributors, and dealers and issuance of manufacturer, manufacturer headquarters, distributor, and dealer license plates, as follows:

"40-2-38.

(a)(.1) As used in this Code section, the term 'dealer' shall have the same meaning as set forth in Code Section 40-2-8.1.

(1) Manufacturers, manufacturer headquarters, distributors, and dealers engaged in the manufacture, sale, or leasing of vehicles required to be registered under Code Section 40-2-20 shall register by electronic means with the commissioner, making application for a distinguishing number, upon forms prepared by the commissioner for such purposes, and pay therefor a fee of $62.00 $80.00, which shall accompany such application. Upon payment of such fee by an applicant, the commissioner shall furnish one master number plate to expire each year in accordance with this Code section based upon the type of master number plate issued. Each additional plate issued pursuant to this Code section shall require payment of a $12.00 $15.00 fee. Each master number plate and any additional plates issued pursuant to this Code section shall be distinguished from the license plates provided for in this chapter by different and distinguishing colors to be determined by the commissioner. The dealer plate for a franchise franchised motor vehicle dealer shall be distinguishable from the dealer plate for a used car motor vehicle dealer and from the dealer plate for a motor vehicle wholesaler. Except as otherwise authorized by this Code section, a dealer's master number plate or additional plates issued pursuant to this Code section shall be for the purpose of demonstrating or transporting vehicles or trailers for sale or lease. Persons engaged in the business of transporting vehicles for a dealer under a vehicle's own power shall be permitted to use such dealer's plate for the purpose of transporting a vehicle.

(2) No dealer may use or permit to be used a dealer's number for private use, on cars motor vehicles for hire or lease, or in any other manner not provided for in this Code section. A dealer may use or permit to be used a dealer's number for private use on vehicles owned for purposes of sale or lease by the dealership, regardless of whether such vehicle has been issued a certificate of title or registered, when such vehicles are operated by an employee or corporate officer of the dealer which has been issued such number. A distinguishing dealer's number used by an employee or officer for private use shall authorize such person to operate the vehicle to which the number is attached on the public highways and streets. For purposes of, provided that such use shall be for no more than six months per vehicle. As used in this paragraph, the term 'employee' means a person who works a minimum of 36 hours per week at the dealership.

(3) The manufacturer's or distributor's license plate is limited to no longer than six months' use per vehicle. Upon payment of such a fee by a manufacturer or distributor, the commissioner shall issue to manufacturers and distributors number plates with the word 'Manufacturer' or 'Distributor' on such plates. Nothing in this subsection shall preclude a manufacturer or distributor from using a 'Manufacturer' or 'Distributor' number plate on motor vehicles it owns when such vehicles are used for evaluation or demonstration purposes, notwithstanding incidental personal use by a manufacturer or distributor. A dealer may apply for one or more distinguishing dealer's numbers. In the event the dealers, distributors, or manufacturers desire more than one tag, they shall so state on the application, and, in addition to the fee of $62.00 $80.00 provided in this Code section, shall pay $12.00 $15.00 for each and every additional number plate furnished. (4)(A) Upon application and payment of the required fee, the commissioner shall issue to manufacturer headquarters or its affiliate number license plates with the words 'Manufacturer HQ' on such plates. The manufacturer headquarters' license plates must shall be used exclusively on motor vehicles owned or in possession of a manufacturer headquarters or its affiliate. Such manufacturer headquarters' license plates are limited to no longer than 24 months' use per vehicle.

(B) A manufacturer headquarters or its affiliate shall apply on a form prescribed by the commissioner and shall provide proof that the applicant:

(i) Is a bona fide manufacturer headquarters; and

(ii) Maintains a system of records regarding use of such license plates. The manufacturer headquarters shall state in each application the number of manufacturer headquarters' license plates requested.

(C) The manufacturer headquarters or its affiliate shall pay an application fee of $62.00 $80.00 per application as provided in this Code section and shall pay $12.00 $15.00 for each and every plate furnished. With respect to any manufacturer headquarters' license plate issued to a manufacturer headquarters or its affiliate, notwithstanding anything to the contrary in this title or Code Section 48-5C-1, such manufacturer headquarters or its affiliate, and any person operating or possessing a motor vehicle using a manufacturer headquarters' license plate pursuant to this paragraph, shall not be subject to state or local title ad valorem tax fees with respect to such vehicle or manufacturer headquarters' license plate.

(D) The manufacturer headquarters or its affiliate shall maintain a system of records regarding the motor vehicle to which the manufacturer headquarters' license plate will be attached. Such record shall, at a minimum, contain the:

(i) Vehicle Identification Number (VIN) identification number;

(ii) Name and address of the primary individual operating the vehicle; and

(iii) Manner of use of the vehicle selected from the alternative uses referenced in subparagraph (E) of this paragraph.

(E) Vehicles with manufacturer headquarters' license plates may be operated by persons authorized by the manufacturer headquarters or its affiliate on vehicles of its brand for the following manners of use:

(i) Evaluation, marketing, or demonstration purposes, notwithstanding incidental personal use by a manufacturer headquarters' authorized employee or other authorized person designated by such manufacturer headquarters or its affiliate; or

(ii) As part of a vehicle leasing program operated by such manufacturer headquarters or its affiliate for the benefit of employees. Any operation of a motor vehicle by a person for an approved use pursuant to this subparagraph shall be deemed to be a demonstration of the motor vehicle for purposes of Code Section 48-8-39.

(5) The commissioner shall include a distinctive logo or emblem for any manufacturer's, distributor's, or manufacturer headquarters' license plate to be attached to an alternative fueled vehicle, as such term is defined in paragraph (7) of subsection (l) of Code Section 40-2-86.1. Alternative fuel vehicles bearing a special license plate pursuant to this subsection shall be subject to the alternative fuel vehicle fees as set forth in paragraph

(19) of subsection (a) of Code Section 40-2-151 at the time of initial issuance and annually thereafter in a manner prescribed by the commissioner. Display of a special license plate issued pursuant to this paragraph shall authorize travel by such alternative fueled vehicle in lanes for exclusive or preferential use designated pursuant to Code Section 32-9-4.

(b)(1) Dealer plates shall be issued in the following manner:

(A) Dealers shall be issued a master plate and two additional plates, for a total of three initial plates; and

(B) In addition to the three dealer plates issued in accordance with subparagraph (A) of this paragraph, each dealer may also be issued one additional dealer plate for every 20 units sold in a calendar year.

(2) In order to determine the additional number and classification of plates to be issued to a dealer, a dealer shall be required to certify by affidavit to the department the number of retail and wholesale units sold in the prior calendar year using the past motor vehicle sales history of the dealer as identified by department records or documentation approved by the department. If no sales history is available, the department shall issue a number of plates based on an estimated number of sales for the coming calendar year. The department may, in its discretion, request documentation supporting sales history and may increase or decrease the number and classification of plates issued based on actual sales.

(b.1) On and after January 1, 2027, the license plates issued pursuant to this Code section shall be of a metal material and feature raised text and designs created by stamping dies.

(c) The license plates issued pursuant to this Code section shall be revoked and confiscated upon a determination after a hearing that such dealer, distributor, manufacturer, or manufacturer headquarters has unlawfully used such license plates in violation of this Code section.

(d) If a license plate issued pursuant to this Code section is lost or stolen, the dealer, manufacturer, distributor, manufacturer headquarters, or other party to whom the license plate was issued shall immediately report the lost or stolen plate to local law enforcement agencies. If a replacement license plate is sought, the dealer, manufacturer, distributor, manufacturer headquarters, or other party to whom the license plate was issued shall file a notarized affidavit with the department requesting a replacement plate. Such affidavit shall certify under penalty of perjury that the license plate has been lost or stolen and that the loss has been reported to a local law enforcement agency.

(e) Except as otherwise provided for in this Code section, the expiration of a license plate issued pursuant to this Code section shall be the last day of the registration period as provided in division (a)(1)(A)(ii) of Code Section 40-2-21, except that for the purposes of this subsection, the registration period shall be determined by the first letter of the legal name of the business listed on the application for registration or renewal of registration. An application for renewal of registration shall not be submitted earlier than 90 days prior to the last day of the registration period. A penalty of 25 percent of the total registration fees due shall be assessed any person registering pursuant to this Code section who, prior to the expiration of such person's registration period, fails to apply for renewal or, if having applied, fails to pay the required fees."

SECTION 1-9.

Said title is further amended by revising Code Section 40-2-41, relating to display of license plates, as follows:

"40-2-41.

Unless otherwise permitted under this chapter, every vehicle required to be registered under this chapter, which is in use upon the highways, shall at all times display the license plate issued to the owner for such vehicle, and the plate shall be fastened to the rear of the vehicle in a position so as not to swing and shall be at all times plainly visible. No person shall display on the rear of a motor vehicle any temporary or permanent plate or tag not issued by the State of Georgia which is intended to resemble a license plate which is issued by the State of Georgia. The commissioner is authorized to adopt rules and regulations so as to permit the display of a license plate on the front of certain vehicles. It shall be the duty of the operator of any vehicle to keep the license plate legible at all times. No license plate shall be covered with any material unless the material is colorless and transparent. No apparatus that obstructs or hinders the clear display and legibility of a license plate shall be attached to the rear of any motor vehicle required to be registered in the state. Any person who violates any provision of this Code section shall be guilty of a misdemeanor, and when he or she is found to have violated this Code section for the purposes of willfully concealing or obscuring the information on a license plate, he or she shall be punished by a fine of not less than $750.00 or by confinement of not more than 12 months, or both."

SECTION 1-10.

Said title is further amended by revising Code Section 40-3-90, relating to certain acts declared felonies, as follows:

"40-3-90.

The following acts shall be punishable by a felony when a A person who, with fraudulent intent:

(1) Alters, forges, or counterfeits a certificate of title;

(2) Alters or forges an assignment of a certificate of title or an assignment or release of a security interest on a certificate of title or a form the commissioner prescribed;

(3) Has possession of or uses a certificate of title knowing it to have been altered, forged, or counterfeited;

(4) Uses a false or fictitious name or address or makes a material false statement, or fails to disclose a security interest, or conceals any other material fact in an application for a certificate of title;

(5) Alters or forges a notice of a transaction concerning a security interest or lien reflected on the certificate of title as provided by Code Section 40-3-27;

(6) Knowingly falsifies any information on the statement required by paragraph (2) of subsection (a) of Code Section 40-3-36; or

(7) Knowingly falsifies the odometer reading on a certificate of title;

(8) Knowingly makes any false statement in any certificate of title application as to the date a vehicle was sold or acquired or as to the date of creation of a security interest or lien; or

(7)(9) Willfully violates any other provision of this chapter after having previously violated the same or any other provision of this chapter and having been convicted of that act in a court of competent jurisdiction

shall be guilty of a felony."

SECTION 1-11.

Said title is further amended by revising Code Section 40-3-91, relating to certain acts declared misdemeanors, as follows:

"40-3-91.

(a) The following acts shall be punishable by a misdemeanor when a person A person who:

(1) With fraudulent intent, permits another, not entitled thereto, to use or have possession of a certificate of title;

(2) Willfully fails to mail or deliver a certificate of title to the commissioner or to the purchaser of the motor vehicle or a release of security interest or lien to the owner within ten days of the time required by this chapter, except as provided in Code Section 40-3-90;

(3) Willfully fails or refuses to mail or deliver the certificate of title to the commissioner within ten days after having received a notice, as provided for in Code Section 40-3-27 or 40-3-52; or

(4) Willfully violates any other provision of this chapter

shall be guilty of a misdemeanor.

(b) Any person, firm, or corporation which knowingly makes any false statement in any title application as to the date a vehicle was sold or acquired or as to the date of creation of a security interest or lien shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100.00 or imprisoned for a period not to exceed 30 days. (c)(b) Any person, firm, or corporation which delivers or accepts a certificate of title assigned in blank shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100.00 or imprisoned $750.00 or confined for a period not to exceed 30 days for the acceptance or delivery of each certificate of title assigned in blank."

SECTION 1-12.

Said title is further amended by revising Code Section 40-8-5, relating to alteration of odometer, involvement with devices which cause odometer to register other than actual mileage, and penalties, as follows:

"40-8-5.

(a) It shall be unlawful for any person knowingly to tamper with, adjust, alter, change, set back, disconnect, or fail to connect an odometer of a motor vehicle, or to cause any of the foregoing to occur to an odometer of a motor vehicle, so as to reflect a lower mileage than the motor vehicle has actually been driven, except as provided in this Code section.

(b) It shall be unlawful for any person knowingly to bring into this state a motor vehicle which reflects a lower mileage than the motor vehicle actually has been driven due to any illegal acts outlined in subsection (a) of this Code section.

(c) It shall be unlawful for any person knowingly to sell or attempt to sell a motor vehicle which reflects a lower mileage than the motor vehicle actually has been driven due to any illegal acts outlined in subsection (a) of this Code section.

(d) Subsections (a), (b), and (c) of this Code section shall not apply to the disconnection of the odometer used for registering the mileage or use of new motor vehicles being tested by the manufacturer prior to delivery to a franchised motor vehicle dealer.

(e) It shall be unlawful for any person to advertise for sale, to sell, to use, to install, or to have installed any device which causes an odometer to register any mileage other than the actual mileage driven. For the purposes of this subsection, the actual mileage driven is that mileage driven by the vehicle as registered by the odometer within the manufacturer's designed tolerance.

(f) It shall be unlawful for any person to conspire with any other person to violate this Code section.

(g)(1) In addition to any other penalty provided by law, any person who, with intent to defraud, violates this Code section shall be liable in an amount equal to the sum of:

(A) Three times the amount of actual damages sustained or $1,500.00 $10,000.00, whichever is greater; and

(B) In the case of any successful action to enforce the foregoing liability, the costs of the action, together with reasonable attorney's fees, as determined by the court.

(2) Any action to enforce any liability created under this subsection may be brought in any superior court or state court having proper jurisdiction, within two years from the date on which the liability arises.

(h)(1) If any person violates any provision of this Code section, the Attorney General, any district attorney in this state, or any solicitor-general in this state may bring an action in any superior court or state court having jurisdiction to restrain such violation.

(2) Any action arising under paragraph (1) of this subsection may be brought within two years from the date of the violation.

(i) Any person violating this Code section shall be guilty of a misdemeanor felony." PART IA

SECTION 1A-1.

Said title is further amended by repealing in its entirety Article 5, relating to unregistered motor trucks, and enacting a new Article 5 to read as follows: "ARTICLE 5

40-2-110.

(a) Upon proper application, the department shall be authorized to issue in writing a permit authorizing the limited operation of an unregistered motor vehicle upon highways in this state. A permit issued pursuant to this Code section shall be for 12 months from the date the permit is issued and may be interchanged from vehicle to vehicle. Every such permit shall be carried in the vehicle and shall be open to inspection by any peace officer or authorized agent of the department.

(b) The application for a permit issued pursuant to this Code section shall include the point of departure for the unregistered motor vehicle, which shall be the address listed upon a business license, occupational tax certificate, or other document required to operate a business issued by a county or municipal corporation in this state. The authorization for the operation of a motor vehicle based upon a permit issued pursuant to this Code section shall be limited to a distance of two miles from the point of departure listed on the application during daylight hours. Operation of an unregistered motor vehicle other than as authorized by a permit issued pursuant to this Code section shall be punished as for a violation of Code Section 40-2-8.

(c) No permit shall be issued to an applicant pursuant to this Code section unless such applicant provides the department sufficient proof of:

(1) Liability insurance covering property damage and bodily injury to third parties caused by vehicles rented, leased, borrowed, or used by employees for business purposes in an amount equal or greater than the required by the minimum coverage as specified in Chapter 34 of Title 33; and

(2) Either:

(A) A continuous surety company bond in an amount of at least $50,000.00; or

(B) A current license as a used motor vehicle parts dealer issued pursuant to Chapter 47 of Title 43.

(d) For just cause, including, but not limited to, repeated and consistent past violations, the department may refuse to issue or may suspend or revoke a permit issued pursuant to this Code section. The specific period of time of any suspension shall be determined by the department. Authority to operate an unregistered motor vehicle upon highways in this state shall cease immediately upon the revocation or suspension of any permit issued pursuant to this Code section. The department shall be authorized to promulgate rules and regulations necessary to enforce the suspension of permits authorized under this Code section upon proper notice and hearing provided by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

(e) The department shall be authorized to promulgate rules and regulations concerning the issuance of permits pursuant to this Code section and charge a fee of $150.00 for the issuance thereof."

PART II

SECTION 2-1.

Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicles and used motor vehicle parts dealers, is amended by adding a new Code section to read as follows:

"43-47-6.1.

The board established pursuant to this chapter shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"

SECTION 2-2.

Said chapter is further amended in Code Section 43-47-8, relating to application for used motor vehicle or used motor vehicle parts dealer licenses, bonding and insurance requirements, supplemental licenses, and renewal, by revising subsection (a) and paragraph (1) of subsection (d) as follows:

"(a) Any person desiring a license to be a used motor vehicle dealer or a used motor vehicle parts dealer in this state shall submit an application on a form and in such manner as may be prescribed by the board, which shall be accompanied by any applicable fees and evidence satisfactory to the board that the applicant:

(1) Maintains an established place of business;

(2) Is a resident of this state or lists an agent for service of process who is a resident of this state;

(3) Has, within the preceding 12 months, attended a board approved training and information seminar, which shall not exceed one day in length, or passed a board approved examination, either of which shall relate to the requirements of licensees provided in this chapter, including books and records to be kept, requirements of the Department of Revenue applicable to licensees, and such other topics as in the opinion of the board promote good business practices of licensees;

(3)(4) Has applied for or obtained a certificate of registration, for sales and use tax with the Department of Revenue Form ST-2;

(4)(5) Has posted or has made provision for the posting of the bond required under subsection (d) of this Code section; and

(5)(6) Maintains any liability and property damage insurance required under subsection (e) of this Code section."

"(d)(1) Licensees shall be required, for each license or supplemental license issued in connection with an established place of business, to post a bond that is executed with a surety company duly authorized to do business in this state. Such bond shall be payable to the Governor for the use and benefit of any purchaser and vendees or successors in title of any used motor vehicle and shall be conditioned to pay all losses, damages, and expenses that may be sustained by such purchaser, his or her vendees, or successors in title that may be occasioned by reason of any misrepresentation, deceptive practice, or unfair practice or by reason of any breach of warranty as to such used vehicle. Such bond shall be in the amount of $35,000.00 $50,000.00 for used car motor vehicle dealers and $10,000.00 for used parts dealers and shall be filed, prior to or immediately upon the granting of a license under this chapter, with the division director by the licensee and shall be approved by the division director as to form and as to the solvency of the surety."

SECTION 2-3.

Said chapter is further amended by revising Code Section 43-47-17, relating to consent to inspection as condition of licensure, as follows:

"43-47-17.

Every person required to be licensed under this chapter shall, as a condition of licensure, be deemed to have granted authority and permission to the board, the Department of Revenue, or to any peace officer to inspect any record or document and any motor vehicle or motor vehicle part or accessory at or on the premises of his or her principal place of business, or any additional place of business, at any reasonable time during the day or night during reasonable business hours."

PART III

SECTION 3-1.

(a) Except as provided for in subsection (b) of this section, this Act shall become effective on July 1, 2026.

(b) Part IA of this Act shall become effective on January 1, 2027.

SECTION 3-2.

All laws and parts of laws in conflict with this Act are repealed.