HB1267: HB1267 Motor vehicles; increase penalties for certain offenses; provisions

26 LC 39 5033S The House Committee on Motor Vehicles offers the following substitute to HB 1267: 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 provide for required material and design of a dealer's license plate; to amend5 Chapter 47 of Title 43 of the Official Code of Georgia Annotate d, relating to used motor6 vehicle and used motor vehicle parts dealers, so as to provide t h a t t h e S t a t e B o a r d o f7 Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers is subject8 to the 'Georgia Administrative Procedure Act; to amend Article 1 of Chapter 2 of Title 489 of the Official Code of Georgia Annotated, relating to state administrative organization for10 the Department of Revenue, so as to establish a Used Motor Vehicle Dealers and Used Motor11 Vehicle Parts Dealers Licensing Authority Transfer Advisory Cou ncil; to provide for12 composition and duties of such advisory council; to provide for meetings and reporting by13 such advisory council; to repeal and reserve Chapter 47 of Title 43 of the Official Code of14 Georgia Annotated, relating to used motor vehicles and used motor vehicle parts dealers; to15 amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation,16 so as to abolish the State Board of Registration of Used Motor Vehicle Dealers and Used17 Motor Vehicle Parts Dealers and transfer powers and duties rela tive to licensing and18 H. B. 1267 (SUB) - 1 - 26 LC 39 5033S oversight of used motor vehicle dealers and used motor vehicle parts dealers to the19 Department of Revenue; to amend various titles of the Official Code of Georgia Annotated20 so as to make conforming changes; to provide for related matters; to provide for an effective21 date and for contingent effectiveness upon appropriation of funds; to repeal conflicting laws;22 and for other purposes.23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:24 PART I25 SECTION 1-1.26 Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is27 amended by revising Code Section 40-2-4, relating to manufactur e, sale, or issuance of28 license plate or revalidation decal prohibited, as follows:29 "40-2-4.30 (a) Except as otherwise provided for in Article 2B of this chapter, it shall be unlawful for31 any person, firm, or corporation to make, sell, or issue any li cense plate or revalidation32 decal.33 (b) Any person, firm, or corporation violating subsection (a) of this Code section shall be34 guilty of a misdemeanor felony."35 SECTION 1-2.36 Said title is further amended by revising Code Section 40-2-5, relating to unlawful actions37 relating to license plate and use of expired prestige license plate, as follows:38 "40-2-5.39 (a) Except as otherwise provided in this chapter, it shall be unlawful:40 H. B. 1267 (SUB) - 2 - 26 LC 39 5033S (1) To remove or transfer a license plate from the motor vehicle for which such license41 plate was issued;42 (2) To sell or otherwise transfer or dispose of a license plat e upon or for use on any43 motor vehicle other than the vehicle for which such license plate was issued;44 (3) To buy, receive, use, or possess for use on a motor vehicl e any license plate not45 issued for use on such motor vehicle; or46 (4) To operate a motor vehicle bearing a license plate which w as improperly removed47 or transferred from another vehicle.48 (b) Any person who shall knowingly violate any provision of subsection (a) of this Code49 section shall be guilty of a misdemeanor of a high and aggravat ed nature and, upon50 conviction thereof, shall be punished by a fine of not less tha n $500.00 $750.00 or by51 confinement for not more than 12 months, or both.52 (c) It shall not be unlawful for any person to place an expired prestige license plate on the53 front of a motor vehicle provided that such vehicle also bears a current valid license plate54 on the rear of such vehicle."55 SECTION 1-3.56 Said title is further amended by revising Code Section 40-2-6, relating to alteration of license57 plates and operation of vehicle with altered or improperly transferred plate, as follows:58 "40-2-6.59 Except as otherwise provided in this chapter, any person who sh all willfully mutilate,60 obliterate, deface, alter, change, or conceal any numeral, lett er, character, county61 designation, or other marking of any license plate issued under the motor vehicle62 registration laws of this state; who shall knowingly operate a vehicle bearing a license plate63 on which any numeral, letter, character, county designation, or other marking has been64 willfully mutilated, obliterated, defaced, altered, changed, or concealed; or who shall65 knowingly operate a vehicle bearing a license plate issued for another vehicle and not66 H. B. 1267 (SUB) - 3 - 26 LC 39 5033S properly transferred as provided by law shall be guilty of a mi sdemeanor and, upon67 conviction thereof, shall be punished by a fine of not less than $750.00 or by confinement68 of not more than 12 months, or both."69 SECTION 1-4.70 Said title is further amended by revising Code Section 40-2-6.1, relating to obscuring license71 plate in order to impede surveillance equipment, as follows:72 "40-2-6.1.73 Any person who willfully covers any license plate with plastic, other material, or any part74 of his or her body in order to prevent or impede the ability of surveillance equipment to75 clearly photograph or otherwise obtain a clear image of the lic ense plate is guilty of a76 misdemeanor and shall be punished by a fine not to exceed $1,000.00 and, upon conviction77 thereof, shall be punished by a fine of not less than $750.00 or by confinement of not more78 than 12 months, or both."79 SECTION 1-5.80 Said title is further amended by revising Code Section 40-2-7, relating to removing or81 affixing license plate with intent to conceal or misrepresent, as follows:82 "40-2-7.83 A person who removes a license plate from a vehicle or affixes to a vehicle a license plate84 not authorized by law for use on it, in either case with intent to conceal or misrepresent the85 identity of the vehicle or its owner, is guilty of a misdemeano r and, upon conviction86 thereof, shall be punished by a fine of not less than $750.00 or by confinement of not more87 than 12 months, or both . As used in this Code section, 'remove' includes deface or88 destroy."89 H. B. 1267 (SUB) - 4 - 26 LC 39 5033S SECTION 1-6.90 Said title is further amended by revising Code Section 40-2-8.1 , relating to issuance of91 temporary operating permits, electronic temporary operating permit issuance system, system92 access, and suspension from system, as follows:93 "40-2-8.1.94 (a) As used in this Code section, the term 'dealer' means any person who is engaged, in95 whole or in part, in the business of selling, exchanging, renting with an option to purchase,96 or offering an interest in motor vehicles for commission or with intent to make a profit or97 gain of money or other thing of value, whether or not such moto r vehicles are owned by98 such person, and demonstrates an annual motor vehicle sales history of at least five motor99 vehicle sales as identified by department records or documentat ion approved by the100 department.101 (b) Any dealer of new or used motor vehicles shall issue a tem porary operating permit102 without charge or fee to the purchaser of a vehicle at the time of sale thereof, unless such103 vehicle is to be registered under the International Registration Plan or such dealer is one104 whose primary business is the sale of salvage motor vehicles and other vehicles on which105 total loss claims have been paid by insurers. Such temporary operating permit shall be of106 a standard design prescribed the department; provided, however, that such permit shall not107 resemble a license plate issued by this state. A temporary operating permit may bear the108 name of the dealer and location and shall include an expiration date which shall be 45 days109 from the date of purchase and the vehicle identification number of the vehicle to which it110 is assigned. The expiration date of a temporary operating permit may be r evised and111 extended by the county tag agent upon application by the dealer, purchaser, or transferee112 if an extension of the purchaser's initial registration period has been granted as provided113 by Code Section 40-2-20.114 (c)(1) The department may provide by rule or regulation for the sale and distribution of115 temporary operating permits to dealers by third parties through the development and116 H. B. 1267 (SUB) - 5 - 26 LC 39 5033S maintenance of an electronic temporary operating permit issuance system and establish117 standards for distribution and issuance of such permits. The d epartment may further118 provide by rule or regulation for standards for authorized acce ss to an electronic119 temporary operating permit issuance system, which may include, but shall not be limited120 to, required criminal background checks for any user of the system and periodic audits. 121 Any third party authorized to sell and distribute temporary ope rating permits shall122 maintain an inventory record of such permits by number and name of the dealer.123 (2)(A) The department shall be authorized to suspend access to the electronic124 temporary operating permit issuance system established pursuant to this Code section125 for any dealer found to have issued temporary operating permits for a vehicle which has126 not been sold or intended to be registered or otherwise violate d requirements for127 issuance of such permits established by rule or regulation of t he department after128 issuance of notice of such violation by electronic means and opportunity for informal129 review as set forth in this subparagraph. Any dealer who has received notice pursuant130 to this subsection of an alleged violation and for whom the dep artment intends to131 suspend access to the electronic temporary operating permit iss uance system may132 request an informal review of the allegations with the departme nt. The method for133 making such request shall be developed by the department and ma y be by electronic134 means. Upon receipt of such request for informal review, the department shall, within135 ten business days, schedule an informal conference with such de aler to review the136 suspected violations. Proceedings under this subparagraph shal l not be governed by137 any formal procedural requirements and may be conducted in such manner as the138 department may establish by rule or regulation. The department shall consider the139 historical use of the electronic temporary operating permit iss uance system by the140 dealer under consideration for access suspension, together with other pertinent141 information which may be available, and shall render a decision regarding access to the142 electronic temporary operating permit issuance system within seven business days of143 H. B. 1267 (SUB) - 6 - 26 LC 39 5033S the informal conference. Upon a finding that such dealer violated the requirements of144 this Code section or rules and regulations of the department, t he department shall be145 authorized to impose fines or fees as provided by law. The dep artment shall not be146 authorized to suspend access to the temporary operating permit system unless the147 department finds a dealer to be substantially out of compliance with the requirements148 of this Code section or the rules and regulations of the department and such dealer has149 failed to produce satisfactory evidence of extenuating circumst ances to justify such150 noncompliance.151 (B) If the department suspends a dealer's access to the electronic temporary operating152 permit issuance system established pursuant to this Code sectio n after an informal153 review held pursuant to subparagraph (A) of this paragraph, the suspended dealer shall154 have the right to a formal hearing to review the suspension pur suant to Code155 Section 40-3-6. Such hearing shall be held within 30 days of the department's decision156 to suspend the dealer's access to the electronic temporary oper ating permit issuance157 system and shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia158 Administrative Procedure Act.' At such hearing, the department may present evidence159 of any instances in which the suspended dealer unlawfully issued temporary operating160 permits or issued fraudulent temporary operating permits. Upon a finding that the161 suspended dealer is in compliance with the requirements of this Code section and has162 issued temporary operating permits predominantly for bona fide motor vehicle sales,163 the department shall provide for the immediate restoration of access to the electronic164 temporary operating permit issuance system for such dealer but shall be authorized to165 impose fines or fees as provided by law for failure to comply with the requirements of166 this chapter. Upon a finding that the suspended dealer violated the requirements of this167 Code section or rules and regulations of the department, the de partment shall be168 authorized to extend the term of suspension for a period of up to 24 months. Upon a169 finding that a dealer has unlawfully issued temporary operating permits in violation of170 H. B. 1267 (SUB) - 7 - 26 LC 39 5033S this chapter or rules and regulations of the department, the department shall further be171 authorized to issue a civil monetary penalty in an amount no greater than $100.00 per172 violation, suspend or revoke the registration issued to a deale r pursuant to Code173 Section 40-2-39, and suspend, confiscate, or limit issuance of any dealer plates issued174 pursuant to Code Section 40-2-38 for a period of up to 24 month s. The department175 shall comply with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,'176 in relation to the expedited review provided for in this subparagraph and the suspended177 dealer shall have the right to appeal any decision of the department in accordance with178 such chapter.179 (d) The commissioner shall prepare an annual report to the General Assembly on activities180 of the department relating to incidences of fraud and suspected fraud relating to dealers,181 dealer license plates, and temporary operating permits.182 (e) The commissioner is authorized to promulgate rules and regula tions necessary to183 effectuate the provisions of this Code section."184 SECTION 1-7.185 Said title is further amended by revising Code Section 40-2-29, relating to registration and186 license plate required, timing, required documentation, issuanc e of temporary operating187 permit for vehicles failing emission inspection, and extensions, as follows:188 "40-2-29.189 (a) Except as otherwise provided in this chapter, any person p urchasing or acquiring a190 vehicle shall register and obtain, or transfer, a license plate to operate such vehicle from191 the county tag agent in their county of residence no later than seven business days after the192 date of purchase or acquisition of the vehicle by presenting to the county tag agent the193 following:194 (1) If applicable, a motor vehicle certificate of title or an application therefor as provided195 in Chapter 3 of this title;196 H. B. 1267 (SUB) - 8 - 26 LC 39 5033S (2) Satisfactory proof of owner's insurance coverage as provided for in subsection (d) of197 Code Section 40-2-26;198 (3) If applicable, satisfactory proof of compliance with Article 2 of Chapter 9 of Title 12,199 the 'Georgia Motor Vehicle Emission Inspection and Maintenance Act'; and200 (4) Satisfactory proof that all fees, permits, and taxes have been paid.201 (b) An application for registration shall be accompanied by ch eck; cash; certified or202 cashier's check; bank, postal, or express money order; or other similar bankable paper for203 the required fee or any taxes required by law.204 (c) Upon application for renewal of a vehicle registration, a person unable to fully comply205 with the requirements of paragraph (3) of subsection (a) of this Code section shall receive206 a temporary operating permit that shall be valid for 30 days.207 (d) The commissioner may provide by rule or regulation for one 30 day extension of the208 initial registration period which may be granted by the county tag agent if the transferor has209 not provided such purchaser or other transferee owner with a title to the motor vehicle more210 than five business days prior to the expiration of such initial registration period. The211 county tag agent shall grant an extension of the initial regist ration period when the212 transferor, purchaser, or transferee can demonstrate by affidavit in a form provided by the213 commissioner that title has not been provided to the purchaser or transferee due to the214 failure of a security interest holder or lienholder to timely release a security interest or lien215 in accordance with Code Section 40-3-56.216 (e) A conviction for displaying a license plate or temporary operating permit not provided217 for in this chapter shall be punished as a misdemeanor."218 SECTION 1-8.219 Said title is further amended by revising Code Section 40-2-38, relating to registration and220 licensing of manufacturers, distributors, and dealers and issua nce of manufacturer,221 manufacturer headquarters, distributor, and dealer license plates, as follows:222 H. B. 1267 (SUB) - 9 - 26 LC 39 5033S "40-2-38.223 (a)(.1) As used in this Code section, the term 'dealer' shall have the same meaning as set224 forth in Code Section 40-2-8.1.225 (1) Manufacturers, manufacturer headquarters, distributors, and dealers engaged in the226 manufacture, sale, or leasing of vehicles required to be regist ered under Code227 Section 40-2-20 shall register by electronic means with the com missioner, making228 application for a distinguishing number, upon forms prepared by the commissioner for229 such purposes, and pay therefor a fee of $62.00, which shall accompany such application. 230 Upon payment of such fee by an applicant, the commissioner shal l furnish one master231 number plate to expire each year in accordance with this Code s ection based upon the232 type of master number plate issued. Each additional plate issued pursuant to this Code233 section shall require payment of a $12.00 fee. Each master num ber plate and any234 additional plates issued pursuant to this Code section shall be distinguished from the235 license plates provided for in this chapter by different and di stinguishing colors to be236 determined by the commissioner. The dealer plate for a franchi se franchised motor237 vehicle dealer shall be distinguishable from the dealer plate for a used car dealer and from238 the dealer plate for a motor vehicle wholesaler. Except as otherwise authorized by this239 Code section, a dealer's master number plate or additional plates issued pursuant to this240 Code section shall be for the purpose of demonstrating or transporting vehicles or trailers241 for sale or lease. Persons engaged in the business of transpor ting vehicles for a dealer242 under a vehicle's own power shall be permitted to use such dealer's plate for the purpose243 of transporting a vehicle.244 (2) No dealer may use or permit to be used a dealer's number f or private use, on cars245 motor vehicles for hire or lease, or in any other manner not provided for in this Code246 section. A dealer may use or permit to be used a dealer's numb er for private use on247 vehicles owned for purposes of sale or lease by the dealership, regardless of whether such248 vehicle has been issued a certificate of title or registered, when such vehicles are operated249 H. B. 1267 (SUB) - 10 - 26 LC 39 5033S by an employee or corporate officer of the dealer which has bee n issued such number. 250 A distinguishing dealer's number used by an employee or officer for private use shall251 authorize such person to operate the vehicle to which the number is attached on the public252 highways and streets. For purposes of; provided that such use shall be for no more than253 six months per vehicle. As used in this paragraph, the term 'employee' means a person254 who works a minimum of 36 hours per week at the dealership.255 (3) The manufacturer's or distributor's license plate is limit ed to no longer than six256 months' use per vehicle. Upon payment of such a fee by a manufacturer or distributor,257 the commissioner shall issue to manufacturers and distributors number plates with the258 word 'Manufacturer' or 'Distributor' on such plates. Nothing i n this subsection shall259 preclude a manufacturer or distributor from using a 'Manufacturer' or 'Distributor' number260 plate on motor vehicles it owns when such vehicles are used for evaluation or261 demonstration purposes, notwithstanding incidental personal use by a manufacturer or262 distributor. A dealer may apply for one or more distinguishing dealer's numbers. In the263 event the dealers, distributors, or manufacturers desire more than one tag, they shall so264 state on the application, and, in addition to the fee of $62.00 provided in this Code265 section, shall pay $12.00 for each and every additional number plate furnished.266 (4)(A) Upon application and payment of the required fee, the commissioner shall issue267 to manufacturer headquarters or its affiliate number license pl a t e s w i t h t h e w o r d s268 'Manufacturer HQ' on such plates. The manufacturer headquarters' license plates must269 shall be used exclusively on motor vehicles owned or in possession of a manufacturer270 headquarters or its affiliate. Such manufacturer headquarters' license plates are limited271 to no longer than 24 months' use per vehicle.272 (B) A manufacturer headquarters or its affiliate shall apply on a form prescribed by the273 commissioner and shall provide proof that the applicant:274 (i) Is a bona fide manufacturer headquarters; and275 H. B. 1267 (SUB) - 11 - 26 LC 39 5033S (ii) Maintains a system of records regarding use of such licen s e p l a t e s . T h e276 manufacturer headquarters shall state in each application the number of manufacturer277 headquarters' license plates requested.278 (C) The manufacturer headquarters or its affiliate shall pay an application fee of $62.00279 per application as provided in this Code section and shall pay $12.00 for each and every280 plate furnished. With respect to any manufacturer headquarters' license plate issued to281 a manufacturer headquarters or its affiliate, notwithstanding a nything to the contrary282 in this title or Code Section 48-5C-1, such manufacturer headqu arters or its affiliate,283 and any person operating or possessing a motor vehicle using a manufacturer284 headquarters' license plate pursuant to this paragraph, shall n ot be subject to state or285 local title ad valorem tax fees with respect to such vehicle or manufacturer286 headquarters' license plate.287 (D) The manufacturer headquarters or its affiliate shall maintain a system of records288 regarding the motor vehicle to which the manufacturer headquarters' license plate will289 be attached. Such record shall, at a minimum, contain the:290 (i) Vehicle Identification Number (VIN) identification number;291 (ii) Name and address of the primary individual operating the vehicle; and292 (iii) Manner of use of the vehicle selected from the alternati ve uses referenced in293 subparagraph (E) of this paragraph.294 (E) Vehicles with manufacturer headquarters' license plates ma y be operated by295 persons authorized by the manufacturer headquarters or its affiliate on vehicles of its296 brand for the following manners of use:297 (i) Evaluation, marketing, or demonstration purposes, notwiths tanding incidental298 personal use by a manufacturer headquarters' authorized employee or other authorized299 person designated by such manufacturer headquarters or its affiliate; or300 (ii) As part of a vehicle leasing program operated by such manufacturer headquarters301 or its affiliate for the benefit of employees. Any operation o f a motor vehicle by a302 H. B. 1267 (SUB) - 12 - 26 LC 39 5033S person for an approved use pursuant to this subparagraph shall be deemed to be a303 demonstration of the motor vehicle for purposes of Code Section 48-8-39.304 (5) The commissioner shall include a distinctive logo or emblem for any manufacturer's,305 distributor's, or manufacturer headquarters' license plate to be attached to an alternative306 fueled vehicle, as such term is defined in paragraph (7) of sub section (l) of Code307 Section 40-2-86.1. Alternative fuel vehicles bearing a special license plate pursuant to308 this subsection shall be subject to the alternative fuel vehicle fees as set forth in paragraph309 (19) of subsection (a) of Code Section 40-2-151 at the time of initial issuance and310 annually thereafter in a manner prescribed by the commissioner. Display of a special311 license plate issued pursuant to this paragraph shall authorize travel by such alternative312 fueled vehicle in lanes for exclusive or preferential use desig nated pursuant to Code313 Section 32-9-4.314 (b)(1) Dealer plates shall be issued in the following manner:315 (A) Dealers shall be issued a master plate and two additional plates, for a total of three316 initial plates; and317 (B) In addition to the three dealer plates issued in accordance with subparagraph (A)318 of this paragraph, each dealer may also be issued one additional dealer plate for every319 20 units sold in a calendar year.320 (2) In order to determine the additional number and classification of plates to be issued321 to a dealer, a dealer shall be required to certify by affidavit to the department the number322 of retail and wholesale units sold in the prior calendar year using the past motor vehicle323 sales history of the dealer as identified by department records or documentation approved324 by the department. If no sales history is available, the department shall issue a number325 of plates based on an estimated number of sales for the coming calendar year. The326 department may, in its discre tion, request documentation suppor ting sales history and327 may increase or decrease the number and classification of plates issued based on actual328 sales.329 H. B. 1267 (SUB) - 13 - 26 LC 39 5033S (b.1) On and after January 1, 2027, the license plates issued pursuant to this Code section330 shall be of a metal material and feature raised text and designs created by stamping dies.331 (c) The license plates issued pursuant to this Code section shall be revoked and confiscated332 upon a determination after a hearing that such dealer, distribu tor, manufacturer, or333 manufacturer headquarters has unlawfully used such license plates in violation of this Code334 section.335 (d) If a license plate issued pursuant to this Code section is lost or stolen, the dealer,336 manufacturer, distributor, manufacturer headquarters, or other party to whom the license337 plate was issued shall immediately report the lost or stolen plate to local law enforcement338 agencies. If a replacement license plate is sought, the dealer , manufacturer, distributor,339 manufacturer headquarters, or other party to whom the license plate was issued shall file340 a notarized affidavit with the department requesting a replacem ent plate. Such affidavit341 shall certify under penalty of perjury that the license plate has been lost or stolen and that342 the loss has been reported to a local law enforcement agency.343 (e) Except as otherwise provided for in this Code section, the expiration of a license plate344 issued pursuant to this Code section shall be the last day of t he registration period as345 provided in division (a)(1)(A)(ii) of Code Section 40-2-21, except that for the purposes of346 this subsection, the registration period shall be determined by the first letter of the legal347 name of the business listed on the application for registration or renewal of registration. 348 An application for renewal of registration shall not be submitted earlier than 90 days prior349 to the last day of the registration period. A penalty of 25 percent of the total registration350 fees due shall be assessed any person registering pursuant to this Code section who, prior351 to the expiration of such person's registration period, fails to apply for renewal or, if having352 applied, fails to pay the required fees."353 H. B. 1267 (SUB) - 14 - 26 LC 39 5033S SECTION 1-9.354 Said title is further amended by revising Code Section 40-2-41, relating to display of license355 plates, as follows:356 "40-2-41.357 Unless otherwise permitted under this chapter, every vehicle required to be registered under358 this chapter, which is in use upon the highways, shall at all times display the license plate359 issued to the owner for such vehicle, and the plate shall be fa stened to the rear of the360 vehicle in a position so as not to swing and shall be at all times plainly visible. No person361 shall display on the rear of a motor vehicle any temporary or p ermanent plate or tag not362 issued by the State of Georgia which is intended to resemble a license plate which is issued363 by the State of Georgia. The commissioner is authorized to adopt rules and regulations so364 as to permit the display of a license plate on the front of cer tain vehicles. It shall be the365 duty of the operator of any vehicle to keep the license plate legible at all times. No license366 plate shall be covered with any material unless the material is colorless and transparent. 367 No apparatus that obstructs or hinders the clear display and legibility of a license plate shall368 be attached to the rear of any motor vehicle required to be reg istered in the state. Any369 person who violates any provision of this Code section shall be guilty of a misdemeanor,370 and when he or she is found to have violated this Code section for the purposes of willfully371 concealing or obscuring the information on a license plate, he or she shall be punished by372 a fine of not less than $750.00 or by confinement of not more than 12 months, or both."373 SECTION 1-10.374 Said title is further amended by revising Code Section 40-3-90, relating to certain acts375 declared felonies, as follows:376 "40-3-90.377 The following acts shall be punishable by a felony when a A person who, with fraudulent378 intent:379 H. B. 1267 (SUB) - 15 - 26 LC 39 5033S (1) Alters, forges, or counterfeits a certificate of title;380 (2) Alters or forges an assignment of a certificate of title or an assignment or release of381 a security interest on a certificate of title or a form the commissioner prescribed;382 (3) Has possession of or uses a certificate of title knowing it to have been altered, forged,383 or counterfeited;384 (4) Uses a false or fictitious name or address or makes a material false statement, or fails385 to disclose a security interest, or conceals any other material fact in an application for a386 certificate of title;387 (5) Alters or forges a notice of a transaction concerning a se curity interest or lien388 reflected on the certificate of title as provided by Code Section 40-3-27;389 (6) Knowingly falsifies any information on the statement required by paragraph (2) of390 subsection (a) of Code Section 40-3-36; or391 (7) Knowingly falsifies the odometer reading on a certificate of title;392 (8) Knowingly makes any false statement in any certificate of title application as to the393 date a vehicle was sold or acquired or as to the date of creation of a security interest or394 lien; or395 (7)(9) Willfully violates any other provision of this chapter after having previously396 violated the same or any other provision of this chapter and having been convicted of that397 act in a court of competent jurisdiction398 shall be guilty of a felony."399 SECTION 1-11.400 Said title is further amended by revising Code Section 40-3-91, relating to certain acts401 declared misdemeanors, as follows:402 "40-3-91.403 (a) The following acts shall be punishable by a misdemeanor wh en a person A person404 who:405 H. B. 1267 (SUB) - 16 - 26 LC 39 5033S (1) With fraudulent intent, permits another, not entitled thereto, to use or have possession406 of a certificate of title;407 (2) Willfully fails to mail or deliver a certificate of title to the commissioner or to the408 purchaser of the motor vehicle or a release of security interest or lien to the owner within409 ten days of the time required by this chapter, except as provided in Code Section 40-3-90;410 (3) Willfully fails or refuses to mail or deliver the certificate of title to the commissioner411 within ten days after having received a notice, as provided for in Code Section 40-3-27412 or 40-3-52; or413 (4) Willfully violates any other provision of this chapter414 shall be guilty of a misdemeanor.415 (b) Any person, firm, or corporation which knowingly makes any false statement in any416 title application as to the date a vehicle was sold or acquired or as to the date of creation417 of a security interest or lien shall be guilty of a misdemeanor and, upon conviction thereof,418 shall be fined not more than $100.00 or imprisoned for a period not to exceed 30 days.419 (c)(b) Any person, firm, or corporation which delivers or accepts a certificate of title420 assigned in blank shall be guilty of a misdemeanor and, upon conviction thereof, shall be421 fined not more than $100.00 or imprisoned confined for a period not to exceed 30 days for422 the acceptance or delivery of each certificate of title assigned in blank."423 SECTION 1-12.424 Said title is further amended by revising Code Section 40-8-5, relating to alteration of425 odometer, involvement with devices which cause odometer to regi ster other than actual426 mileage, and penalties, as follows:427 "40-8-5.428 (a) It shall be unlawful for any person knowingly to tamper with, adjust, alter, change, set429 back, disconnect, or fail to connect an odometer of a motor vehicle, or to cause any of the430 H. B. 1267 (SUB) - 17 - 26 LC 39 5033S foregoing to occur to an odometer of a motor vehicle, so as to reflect a lower mileage than431 the motor vehicle has actually been driven, except as provided in this Code section.432 (b) It shall be unlawful for any person knowingly to bring into this state a motor vehicle433 which reflects a lower mileage than the motor vehicle actually has been driven due to any434 illegal acts outlined in subsection (a) of this Code section.435 (c) It shall be unlawful for any person knowingly to sell or attempt to sell a motor vehicle436 which reflects a lower mileage than the motor vehicle actually has been driven due to any437 illegal acts outlined in subsection (a) of this Code section.438 (d) Subsections (a), (b), and (c) of this Code section shall not apply to the disconnection439 of the odometer used for registering the mileage or use of new motor vehicles being tested440 by the manufacturer prior to delivery to a franchised motor vehicle dealer.441 (e) It shall be unlawful for any person to advertise for sale, to sell, to use, to install, or to442 have installed any device which causes an odometer to register any mileage other than the443 actual mileage driven. For the purposes of this subsection, the actual mileage driven is that444 mileage driven by the vehicle as registered by the odometer wit hin the manufacturer's445 designed tolerance.446 (f) It shall be unlawful for any person to conspire with any o ther person to violate this447 Code section.448 (g)(1) In addition to any other penalty provided by law, any person who, with intent to449 defraud, violates this Code section shall be liable in an amount equal to the sum of:450 (A) Three times the amount of actual damages sustained or $1,5 00.00 $10,000.00,451 whichever is greater; and452 (B) In the case of any successful action to enforce the foregoing liability, the costs of453 the action, together with reasonable attorney's fees, as determined by the court.454 (2) Any action to enforce any liability created under this subsection may be brought in455 any superior court or state court having proper jurisdiction, w ithin two years from the456 date on which the liability arises.457 H. B. 1267 (SUB) - 18 - 26 LC 39 5033S (h)(1) If any person violates any provision of this Code section, the Attorney General,458 any district attorney in this state, or any solicitor-general in this state may bring an action459 in any superior court or state court having jurisdiction to restrain such violation.460 (2) Any action arising under paragraph (1) of this subsection may be brought within two461 years from the date of the violation.462 (i) Any person violating this Code section shall be guilty of a misdemeanor felony."463 PART II464 SECTION 2-1.465 Chapter 47 of Title 43 of the Official Code of Georgia Annotate d, relating to used motor466 vehicle and used motor vehicle parts dealers, is amended by adding a new Code section to467 read as follows:468 "43-47-6.1.469 The board established pursuant to this chapter shall be subject to Chapter 13 of Title 50,470 the 'Georgia Administrative Procedure Act.'"471 SECTION 2-2.472 Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state473 administrative organization for the Department of Revenue, is a mended by adding a new474 Code section to read as follows:475 "48-2-20.476 (a) As used in this Code section, the term:477 (1) 'Advisory council' means the Used Motor Vehicle Dealers and Used Motor Vehicle478 Parts Dealers Licensing Authority Transfer Advisory Council cre ated pursuant to this479 Code section.480 H. B. 1267 (SUB) - 19 - 26 LC 39 5033S (2) 'Board' means the State Board of Registration of Used Moto r Vehicle Dealers and481 Used Motor Vehicle Parts Dealers authorized under Chapter 47 of Title 43.482 (b) There is established the Used Motor Vehicle Dealers and Us ed Motor Vehicle Parts483 Dealers Licensing Authority Transfer Advisory Council for the p urpose of assisting the484 department with the transition of regulating and licensing of used motor vehicle dealers and485 used motor vehicle parts dealers upon the abolishment of the State Board of Registration486 of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers.487 (c) The advisory council shall consist of five members appointed by the commissioner, all488 of whom shall be licensed by the board or pursuant to Chapter 1 0 of this title. The489 commissioner shall appoint the initial members of the advisory council no later than 30490 days after the effective date of this Code section. All appointments to the advisory council491 shall be for terms of three years. The commissioner shall make appointments to fill the492 unexpired portion of any term vacated for any reason. Any appointed member who, during493 his or her term, ceases to meet the qualifications for original appointment shall thereby494 forfeit his or her membership on the advisory council. Membership on the advisory council495 shall not constitute public office, and no member shall be disqualified from holding public496 office by virtue of his or her membership. Each member of the advisory council shall serve497 without compensation, but each member of the advisory council s hall be reimbursed for498 travel and other reasonable and necessary expenses incurred by him or her while attending499 called meetings of the advisory council. The advisory council shall elect a chairperson500 from among its membership. The commissioner shall be authorize d to remove any501 member of the advisory council for cause. As used in this subsection, the term 'for cause'502 shall include indictment for or conviction of a felony or any o ffense involving moral503 turpitude; misconduct, malpractice, malfeasance, misfeasance, nonfeasance, or incapacity;504 or failure to attend three consecutive meetings without good and sufficient reason.505 (d) The advisory council shall:506 H. B. 1267 (SUB) - 20 - 26 LC 39 5033S (1) Review the rules and regulations of the board and make a r ecommendation to the507 commissioner regarding which of those rules and regulations should be:508 (A) Continued in effect as rules of the department with no substantive changes;509 (B) Modified to modernize procedures; or510 (C) Repealed as unnecessary, duplicative, or inconsistent with the purposes of511 Chapter 10 of this title;512 (2) Advise the commissioner on the promulgation of new rules and regulations consistent513 with the purposes of Chapter 10 of this title;514 (3) Advise the commissioner on the design and implementation of electronic licensing515 systems, fee structures, and compliance procedures for purposes of professions licensed516 pursuant to Chapter 10 of this title;517 (4) Advise the commissioner on communications and outreach to the professions518 licensed by the board or pursuant to Chapter 10 of this title;519 (5) Advise the commissioner on the transfer and disposition of disciplinary matters520 pending before the board upon its abolishment;521 (6) Identify any gaps in consumer protection that may arise upon the abolishment of the522 board and recommend legislative or regulatory action; and523 (7) Submit a written report to the commissioner, the Governor, and the chairpersons of524 the Senate Regulated Industries and Utilities Committee and the House Committee on525 Regulated Industries not later than five months after the effec tive date of this Code526 section with final recommendations and observations.527 (e) The advisory council shall hold its first meeting within 30 days of the appointment of528 a quorum of its members. The chairperson shall be responsible for calling all meetings of529 the advisory council. The advisory council shall have at least three meetings and shall530 meet at other times as determined by the commissioner. A majority of the members shall531 constitute a quorum for the transaction of business. All meetings of the advisory council532 shall be open to the public and shall be conducted in accordanc e with Chapter 14 of533 H. B. 1267 (SUB) - 21 - 26 LC 39 5033S Title 50, relating to open meetings. The minutes of the adviso ry council shall be made534 available to the public and shall be subject to Article 4 of Chapter 18 of Title 50, relating535 to the inspection of public records. The advisory council may invite testimony from any536 person, including former members of the board, licensees, consu mer groups, and other537 stakeholders.538 (f) The department shall provide the advisory council with office space and administrative539 support, including staff for record keeping, reporting, and rel ated administrative and540 clerical functions necessary for the purposes of the advisory c ouncil pursuant to this541 chapter."542 PART III543 SECTION 3-1.544 Chapter 47 of Title 43 of the Official Code of Georgia Annotate d, relating to used motor545 vehicles and used motor vehicle parts dealers, is repealed and reserved.546 SECTION 3-2.547 Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is548 amended by revising Chapter 10, which is reserved, as follows:549 "CHAPTER 10550 48-10-1.551 All duties, powers, obligations, and functions formerly exercis ed by the State Board of552 Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers under553 the former provisions of Chapter 47 of Title 43 shall be transferred to the department. All554 licenses, permits, registrations, and apprentice permits issued under the former provisions555 H. B. 1267 (SUB) - 22 - 26 LC 39 5033S of Chapter 47 of Title 43 that are valid and in effect on the e ffective date of this Code556 section, shall continue in full force and effect and shall be d eemed issued under this557 chapter. It is the intent of the General Assembly that all rul es properly adopted under558 Chapter 47 of Title 43 prior to the effective date of this Code section, which do not conflict559 with this chapter shall be valid until such time as they are re pealed, revised, or amended560 pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Reserved.561 48-10-2.562 As used in this chapter, the term:563 (1) 'Dismantler' means any person engaged in the business of a cquiring wrecked,564 abandoned, or reparable motor vehicles and selling either the u sable parts, the motor565 vehicle as a unit, or the hulk of the motor vehicle after the u sable parts have been566 removed. Without limiting any of the foregoing, for the purpos es of this chapter, a567 person shall be presumed to be a dismantler when in possession o f t e n o r m o r e568 inoperative motor vehicles for more than 45 days unless such vehicles are scrap vehicles569 being held by a scrap metal processor for recycling scrap metal, vehicles awaiting repairs570 being held by a repair business, or vehicles being held for oth er reasons as may be571 prescribed by the department.572 (2) 'Established place of business' means a location, other than a building intended for573 residential use, at which the business of bartering, trading, offering, displaying, selling,574 buying, dismantling, or rebuilding wrecked or used motor vehicles or parts is carried on575 and where the books, records, and files necessary to conduct su ch business are kept. 576 Each such place of business shall be furnished with a working t elephone listed in the577 name of the licensee for use in conducting the business, be mar ked by an appropriate578 permanent sign as prescribed by the department, and meet or exc eed any size579 requirements and standards prescribed by the department.580 H. B. 1267 (SUB) - 23 - 26 LC 39 5033S (3) 'Financial institution' means a finance company or a banki ng institution or any581 subsidiary of a finance company or banking institution which en gages solely in the582 financing or leasing of motor vehicles. Such term shall not mean a pawnbroker as such583 term is defined in Code Section 44-12-130.584 (4) 'Licensee' means any person who is required to be licensed or who is actually585 licensed under this chapter.586 (5) 'Major component part' means one of the subassemblies of a motor vehicle as defined587 in Code Section 40-3-2.588 (6) 'Motor vehicle' means every vehicle which is self-propelle d and required to be589 registered under Title 40, except tractors.590 (7) 'Part' means any used motor vehicle part that has been ins talled as standard or591 optional equipment on a motor vehicle, has been removed from th e motor vehicle on592 which it was originally attached or affixed, and is the subject of sale or resale as a part593 and not as scrap.594 (8) 'Person' means any individual, partnership, corporation, l imited liability company,595 firm, association, trust, or other legal entity.596 (9) 'Rebuilder' means any person engaged in the business of bu ying more than two597 salvage or wrecked motor vehicles per year for the purpose of r estoring or rebuilding598 them with used or new motor vehicle parts, or both, to be sold as motor vehicles.599 (10) 'Salvage dealer' means any person who purchases a salvage vehicle or parts of a600 salvage vehicle for purposes of resale as parts only or as salvage.601 (11) 'Salvage vehicle' means any motor vehicle which:602 (A) Has been damaged, crushed, or otherwise reduced to such a state that its restoration603 would require the replacement of two or more major component parts;604 (B) Has been acquired by an insurance company as a result of t he vehicle's being605 damaged to the extent that its restoration to an operable condi tion would require the606 replacement of two or more major component parts or for which the insurance company607 H. B. 1267 (SUB) - 24 - 26 LC 39 5033S has paid a total loss claim, excluding recovered total theft vehicles which do not require608 the replacement of two or more major component parts for restoration; or609 (C) Is an imported vehicle which has been damaged in shipment and disclaimed by the610 manufacturer as a result of the damage, has never been the subject of a retail sale to a611 consumer, and has never been issued a certificate of title.612 (12) 'Scrap vehicle' means any motor vehicle which has been wr ecked, destroyed, or613 damaged to the extent that it cannot be economically repaired, rebuilt, or made operable614 or roadworthy.615 (13) 'Temporary site' shall have the same meaning as set forth in Code Section 40-2-39.616 (14) 'Used motor vehicle' means any motor vehicle other than a motor vehicle which has617 never been the subject of a retail sale and which is the subjec t of a retail sale to a618 consumer for his or her own use or of a resale to another licensed dealer.619 (15) 'Used motor vehicle dealer' means any person who, for commission or with intent620 to make a profit or gain of money or other thing of value, sell s, exchanges, rents with621 option to purchase, offers, or attempts to negotiate a sale or exchange of an interest in622 used motor vehicles or who is engaged wholly or in part in the business of selling used623 motor vehicles, whether or not such motor vehicles are owned by such person. A motor624 vehicle wholesaler shall be deemed to be a used motor vehicle dealer for the purposes of625 this chapter. Any independent motor vehicle leasing agency which sells or offers for sale626 used motor vehicles shall be deemed to be a used motor vehicle dealer for the purposes627 of this chapter. Any motor vehicle auction company selling or offering for sale used628 motor vehicles to independent motor vehicle dealers or to individual consumers shall be629 deemed to be a used motor vehicle dealer for the purposes of th is chapter except as630 otherwise provided in paragraph (10) of Code Section 48-10-23. Without limiting any631 of the foregoing, the sale of five or more used motor vehicles in any one calendar year632 shall be prima-facie evidence that a person is engaged in the b usiness of selling used633 motor vehicles. A pawnbroker who disposes of all repossessed motor vehicles by selling634 H. B. 1267 (SUB) - 25 - 26 LC 39 5033S or exchanging his or her interest in such motor vehicles only t o licensees under this635 chapter shall not be considered a used motor vehicle dealer under this chapter so long as636 such pawnbroker does not otherwise engage in activities which would bring him or her637 under the licensing requirements of this chapter.638 (16) 'Used motor vehicle parts dealer' or 'used parts dealer' means any person buying,639 selling, or using motor vehicle parts, either as a used motor vehicle parts dealer, a motor640 vehicle dismantler, a motor vehicle rebuilder, a salvage pool dealer, or a salvage dealer.641 (17) 'Wholesaler' means a person who sells or distributes used motor vehicles to motor642 vehicle dealers in this state, has a sales representative in this state, or controls any person643 who offers for sale, sells, or distributes any used motor vehicles to motor vehicle dealers644 in this state.645 48-10-3.646 The department shall have the following powers and duties:647 (1) To receive applications for registration of licensees;648 (2) To make such rules and regulations as may be necessary to effectuate the649 administration and enforcement of this chapter and to protect t he health, safety, and650 financial well-being of the public;651 (3) To arrange for all new applicants to have a criminal background check in accordance652 with Code Section 48-10-5;653 (4) To establish and maintain a publicly accessible registry of licensees;654 (5) To establish a fee for a license for each principal established place of business and655 a fee for a supplemental license for each established place of business not immediately656 adjacent to the principal established place of business;657 (6) To investigate potential fraud relating to the issuance of motor vehicle license plates658 and temporary operating permits and any abuse related to such;659 H. B. 1267 (SUB) - 26 - 26 LC 39 5033S (7) To prepare an annual report to the General Assembly on activities of the department660 relating to incidences of fraud and suspected fraud relating to licensees, motor vehicle661 license plates, and temporary operating permits;662 (8) To enter into cooperative agreements with other state agen cies, including the663 Governor's Office of Consumer Protection, the Department of Pub lic Safety, and the664 Department of Driver Services, for the purpose of coordinating motor vehicle related665 regulatory functions;666 (9) To set the minimum size requirements and the standards for the operation of an667 established place of business; and668 (10) To do all other things necessary and proper to carry out the powers and duties listed669 in this chapter.670 48-10-4.671 (a) It shall be unlawful for any person to operate as a used motor vehicle dealer in this state672 without first registering and obtaining a license from the depa rtment as provided in this673 chapter.674 (b) It shall be unlawful for any person to operate as a used m otor vehicle parts dealer in675 this state without first registering and obtaining a license from the department as provided676 in this chapter.677 (c) It shall be unlawful for any used motor vehicle dealer or any used motor vehicle parts678 dealer to willfully fail to keep the records required to be kept by this chapter.679 48-10-5.680 (a) Any person desiring a license to be a used motor vehicle dealer or a used motor vehicle681 parts dealer in this state shall submit an application on a form and in such manner as may682 be prescribed by the department, which shall be accompanied by any applicable fees and683 evidence satisfactory to the department that the applicant:684 H. B. 1267 (SUB) - 27 - 26 LC 39 5033S (1) Maintains an established place of business;685 (2) Is a resident of this state or lists an agent for service of process who is a resident of686 this state;687 (3) If applying for a used motor vehicle dealer license, has, within the preceding 12688 months, attended a department approved training and information seminar, which shall689 not exceed one day in length, or passed a department approved e xamination, either of690 which shall relate to the requirements of licensees provided in this chapter, including691 books and records to be kept, requirements relating to the issu ance of temporary692 operating permits and registration of motor vehicles, and such other topics as in the693 opinion of the department promote good business practices of licensees;694 (4) Has applied for or obtained a certificate of registration for sales and use tax;695 (5) Has posted or has made provision for the posting of the bo nd or letter of credit696 required under Code Section 48-10-6; and697 (6) Maintains any liability and property damage insurance requ ired under Code698 Section 48-10-6.699 (b) Applications for a used motor vehicle dealer license or a used motor vehicle parts700 dealer license shall be made under oath and shall state the applicant's full name; date and701 place of birth; date and place of any conviction or arrest for any crime, including the plea702 of nolo contendere or a plea entered pursuant to Article 3 of Chapter 8 of Title 42 or other703 first offender treatment; and such additional information as the department may require to704 investigate the qualifications, character, competence, and integrity of the applicant. Each705 applicant shall submit with his or her application photographs or other renderings of his or706 her established place of business that show the complete facili ty, appropriate sign, and707 entire display area of the established place of business.708 (c) The department is authorized to conduct and receive national background checks on709 applicants by the submission of fingerprints to the Federal Bureau of Investigation through710 the Georgia Crime Information Center.711 H. B. 1267 (SUB) - 28 - 26 LC 39 5033S (d) In order to determine an applicant's suitability as a used motor vehicle dealer or a used712 motor vehicle parts dealer, the department shall require such a pplicant to furnish the713 department with a full set of fingerprints to enable a criminal background check to be714 conducted. The applicant shall be responsible for any fees associated with the performance715 of such background check.716 (e) The department shall submit the fingerprints furnished by an applicant to the Georgia717 Crime Information Center. The Georgia Crime Information Center is authorized to submit718 such fingerprints to the Federal Bureau of Investigation for a national criminal history719 record check when the investigation conducted by the Georgia Crime Information Center720 fails to identify a criminal record.721 (f) The Georgia Crime Information Center shall notify the depa rtment in writing of its722 findings, including th e inability to identify a criminal record and the submission of723 fingerprints of an applicant to the Federal Bureau of Investigation. All findings received724 by the department shall be used for the exclusive purpose of carrying out its responsibilities725 under this chapter, shall not be public records, shall be confi dential, and shall not be726 disclosed to any other person or agency except to any person or agency which otherwise727 has a legal right to inspect such data. Any records obtained i n furtherance of this Code728 section shall be maintained by the department pursuant to laws regarding such records and729 the rules and regulations of the Federal Bureau of Investigatio n and the Georgia Crime730 Information Center, as applicable.731 48-10-6.732 (a) By applying for a license under this chapter, an applicant consents to receive733 notifications and communications from the department electronically. Notice required by734 the department pursuant to this chapter shall be satisfied by e lectronic means; provided,735 however, that, if the department becomes aware that an electron ic notification or736 communication issued pursuant to this chapter was not transmitt ed to a licensee, the737 H. B. 1267 (SUB) - 29 - 26 LC 39 5033S department shall send the notification or communication by cert ified mail or statutory738 overnight delivery, return receipt requested.739 (b) The department shall include any record of transmission of any electronic notification740 or communication sent to a licensee pursuant to this chapter in the licensing records for741 such licensee. The department shall retain a record pursuant to Chapter 12 of Title 10, the742 'Uniform Electronic Transactions Act,' of any electronic notification or communication sent743 pursuant to this chapter. Such record shall be retrievable by the department for a period744 of ten years after the date such electronic notification or communication was sent.745 (c) Any notification or communication sent by electronic means pursuant to this Code746 section shall comply with the requirements set forth in Chapter 12 of Title 10, the 'Uniform747 Electronic Transactions Act.'748 48-10-7.749 (a)(1) Licensees shall be required, for each license or supple mental license issued in750 connection with an established place of business, to post a bond that is executed with a751 surety company duly authorized to do business in this state. Such bond shall be payable752 to the Governor for the use and benefit of any purchaser and vendees or successors in title753 of any used motor vehicle and shall be conditioned to pay all l osses, damages, and754 expenses that may be sustained by such purchaser, his or her ve ndees, or successors in755 title that may be occasioned by reason of any misrepresentation , deceptive practice, or756 unfair practice or by reason of any breach of warranty as to such used vehicle. Such bond757 shall be in the amount of $50,000.00 for used motor vehicle dealers and $10,000.00 for758 used parts dealers and shall be filed, prior to or immediately upon the granting of a759 license under this chapter, with the commissioner by the licensee and shall be approved760 by the commissioner as to form and as to the solvency of the surety.761 H. B. 1267 (SUB) - 30 - 26 LC 39 5033S (2) No licensee shall cancel, or cause to be canceled, a bond issued pursuant to this762 subsection unless the department is informed in writing by a ce rtified letter at least 30763 days prior to the proposed cancellation.764 (3) If a surety or licensee cancels a bond issued pursuant to this subsection and the765 licensee fails to submit, within ten days of the effective date of the cancellation, a new766 bond, the department may revoke his or her license pursuant to the procedures set forth767 in this chapter for revocation of a license.768 (4) In lieu of a surety bond, a licensee may, at the discretion of the commissioner, furnish769 an irrevocable letter of credit. Such letter of credit shall be:770 (A) In an amount equal to three times the full amount of the s urety bond or surety771 bonds otherwise required by this Code section;772 (B) Issued by a financial institution approved by the commissioner; and773 (C) Conditioned upon the faithful compliance with all provisions of this chapter.774 (b)(1) Except for any person licensed under Chapter 6 of Title 43, who shall be exempt775 from the requirements of this subsection, licensees shall maint ain, for each license or776 supplemental license issued in connection with an established place of business, public777 liability and property damage insurance with liability limits of not less than $50,000.00778 per person and $100,000.00 per accident, personal insurance lia bility coverage, and779 $25,000.00 property damage liability coverage.780 (2) In cases in which the minimum insurance coverage required by this subsection781 terminates, the insurer shall by electronic transmission notify the department of such782 coverage termination on or before the date such coverage ends or, if such termination is783 at the request of the insured, then on the date such request is processed by the insurer.784 (3) The department shall report to the Commissioner of Insurance quarterly of any and785 all violations of the notice requirements of this subsection by any insurer, and the786 Commissioner of Insurance may take appropriate action against such insurer the same as787 is authorized by Code Section 33-2-24 for violations of Title 33; provided, however, that788 H. B. 1267 (SUB) - 31 - 26 LC 39 5033S there shall be no private cause of action against an insurer or the department for civil789 damages for providing information, failing to provide informati on, or erroneously790 providing information pursuant to this subsection. No insurer shall utilize the costs of791 any audit or examination conducted by the Department of Insuran ce pursuant to this792 subsection as a cost of business in the insurer's rate base.793 (4)(A) The department shall prescribe the form and manner of electronic transmission794 for the purposes of insurers sending the notices required by pa ragraph (2) of this795 subsection which shall in no way be construed as modifying the provisions of Code796 Section 33-24-45.797 (B) Any clerical, typographical, or other nonmaterial defect in the notice required by798 paragraph (2) of this subsection shall not invalidate such notice.799 (5) Upon notification of the termination of the minimum insurance coverage required by800 this subsection by the insurer, the department shall send notice by electronic means to the801 licensee stating that the department has been informed of the fact that coverage has been802 terminated and providing an explanation of the penalties provided for by law.803 (6) Failure to provide proof of new or reinstated insurance co verage that meets the804 minimum insurance coverage required by this subsection within ten business days of the805 receipt of the notice sent pursuant to paragraph (5) of this subsection shall be grounds for806 license suspension in accordance with the procedures set forth in this chapter.807 (c)(1) Each license issued pursuant to this chapter shall be valid for a period of two years808 and shall be in connection with a single established place of business, and licensees shall809 be required to obtain a supplemental license for each additiona l established place of810 business that is operated or proposed to be operated by the licensee that is not contiguous811 to an established place of business for which a license or supplemental license has been812 issued; provided, however, that a supplemental license shall no t be required for any813 temporary site of a licensee.814 H. B. 1267 (SUB) - 32 - 26 LC 39 5033S (2) A licensee applying for a supplemental license shall submit an application on a form815 and in such a manner as may be prescribed by the department acc ompanied by any816 applicable fees. Such application shall include:817 (A) The licensee's license number;818 (B) Photographs or other renderings of the licensee's addition al established place of819 business for which a supplemental license is sought that shows the complete facility,820 appropriate sign, and entire display area of the additional established place of business;821 (C) Evidence that the licensee has posted, or has made provision for the posting, of the822 bond or letter of credit required under subsection (a) of this Code section for such823 additional established place of business; and824 (D) Evidence that the licensee maintains any liability and property damage insurance825 required under subsection (b) of this Code section for such additional established place826 of business.827 (d) All licenses issued under this chapter shall be renewable biennially. The department828 may establish continuing education requirements for license renewals.829 48-10-8.830 Any person who violates any provision of Code Section 40-2-39.1 shall be deemed to be831 a licensee for the purpose of imposing sanctions and penalties under this chapter and for832 the purpose of granting the department jurisdiction over such violator.833 48-10-9.834 (a) A used motor vehicle dealer shall not engage in any activity as a used motor vehicle835 dealer except at such dealer's established place of business which has been registered under836 Code Section 40-2-38, at temporary sites not more than three ti mes in any one calendar837 year, or at a licensed auto auction or any licensed facility. This subsection shall not be838 construed to prohibit a used motor vehicle dealer from deliveri ng a vehicle off site,839 H. B. 1267 (SUB) - 33 - 26 LC 39 5033S provided that the transaction is initiated from an established place of business under this840 chapter.841 (b)(1) At least 60 days prior to opening a sale at a temporary site, a used motor vehicle842 dealer shall make application to the department for a temporary site permit. A separate843 application shall be submitted for every temporary site sale.844 (2) To be eligible for a temporary site permit, a used motor v ehicle dealer shall be845 registered as required by Code Section 40-2-38. In order to ob tain a temporary site846 permit, a used motor vehicle dealer shall provide, on a form pr omulgated by the847 department:848 (A) The address, including county, of the used motor vehicle dealer's established place849 of business;850 (B) The address, including county, of the proposed temporary site location;851 (C) The dates and hours of the temporary site sale;852 (D) The number of temporary site sales already conducted by the used motor vehicle853 dealer during the calendar year in which the requested temporary site sale is to occur;854 and855 (E) The name, address, and contact person of any sponsors, pro moters, and lending856 institutions involved in or to be represented at the temporary site sale.857 (3) As part of the application, a used motor vehicle dealer sh all submit written858 documentation demonstrating that the used motor vehicle dealer has complied with any859 licensing requirements applicable in the local jurisdiction in which the temporary site sale860 will occur and a copy of a written agreement with the owner of the real property where861 this sale will occur.862 (4) A temporary site permit issued pursuant to this subsection shall be valid only for the863 dates and hours of the sale as indicated on the application sub mitted to the department864 and shall be prominently displayed at the temporary site at all times during the site sale. 865 No used motor vehicle dealer may purchase more than three tempo rary site permits866 H. B. 1267 (SUB) - 34 - 26 LC 39 5033S within a calendar year. A temporary site permit is not transferable to any other dealer or867 location.868 (5) The fee for each application for a temporary site permit shall be established by the869 department.870 (c) As an alternative to criminal or other civil enforcement o f this Code section or any871 orders, rules, and regulations promulgated pursuant hereto, the department may issue an872 administrative fine not to exceed $1,000.00 for each violation whenever the department,873 after a hearing, determines that any person has violated any provisions of this Code section874 or any orders, rules, and regulations promulgated pursuant hereto. If, after a hearing, the875 department determines that any person has violated this provisi on more than once, the876 department may suspend his or her license for a period not to e xceed ten days. Any877 hearing and any administrative review held pursuant to this Cod e section shall be878 conducted in accordance with the procedure for contested cases under Chapter 13 of879 Title 50, the 'Georgia Administrative Procedure Act.' Any perso n who has exhausted all880 administrative remedies available and who is aggrieved or adver sely affected by a final881 order or action of the department shall have the right of judic ial review thereof in882 accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall883 be paid into the state treasury. The department may file, in the superior court:884 (1) In the county wherein the person under order resides;885 (2) If such person is a corporation, in the county wherein the corporation maintains its886 established place of business; or887 (3) In the county wherein the violation occurred,888 a certified copy of a final order of the department whether una ppealed from or affirmed889 upon appeal, whereupon the superior court shall render judgment in accordance therewith890 and notify the parties. Such judgment shall have the same effe ct and proceedings in891 relation thereto shall thereafter be the same as though the judgment had been rendered in892 an action duly heard and determined by the superior court. The penalty prescribed in this893 H. B. 1267 (SUB) - 35 - 26 LC 39 5033S Code section shall be concurrent, alternative, and cumulative with any and all other civil,894 criminal, or alternative rights, remedies, forfeitures, or pena lties provided, allowed, or895 available to the department with respect to any violation of this Code section or any order,896 rule, or regulation promulgated pursuant hereto. For purposes of this Code section, the sale897 of each motor vehicle while not in compliance with temporary si te permit requirements898 shall constitute a separate violation.899 (d) Any person who violates any provision of this Code section shall be guilty of a900 misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed901 $1,000.00 or confinement for a period not to exceed 12 months, or both.902 48-10-10.903 (a) The licenses issued pursuant to this chapter shall specify the location of each904 established place of business occupied or to be occupied by the licensee in conducting his905 or her business, and the license or supplemental license issued therefor shall be906 conspicuously displayed on each of such premises.907 (b) If such location, as provided in subsection (a) of this Co de section, of a licensee is908 changed, the licensee shall, at least 30 days prior to relocating to a new location, submit a909 change of location application, together with any additional fe es as established by the910 department. Such application shall be submitted in a form and manner as prescribed by the911 department and shall include the licensee's license number and photographs of the new912 location in accordance with subsection (b) of Code Section 48-10-5. An application for a913 new location shall be approved if the department determines that the new location meets914 the requirements of this chapter and of the rules and regulations of the department.915 48-10-11.916 (a) The department may, upon its own motion, and shall, upon the verified complaint in917 writing of any person, investigate the actions of any licensee or anyone who assumes to act918 H. B. 1267 (SUB) - 36 - 26 LC 39 5033S in such capacity. The department shall have power, in addition to the other powers919 authorized by this chapter, after a hearing on such matter, to revoke or to suspend a license920 for a specified time, to be determined in its discretion, or to invoke such other lesser921 sanctions, including but not limited to the imposition of fines and penalty fees, which the922 department is hereby authorized to create by rule, where:923 (1) The licensee is found to have committed any one or more of the following:924 (A) Material misstatement in an application for a license;925 (B) Willful and intentional failure to comply with any provisions of this chapter or any926 lawful rule or regulation issued by the department under this chapter;927 (C) Making any substantial misrepresentation;928 (D) Making any false promises of a character likely to influence, persuade, or induce;929 (E) Pursuing a continued and flagrant course of misrepresentat ion or the making of930 false promises through agents, salespersons, advertising, or otherwise;931 (F) Failure to account for or to remit any moneys coming into his or her possession932 which belong to others;933 (G) Having demonstrated unworthiness or incompetency to act as a licensee in such934 manner as to safeguard the interest of the public;935 (H) Fraud or fraudulent practice, unfair and deceptive acts or practices, misleading acts936 or practices, or untrustworthiness or incompetency to act as a licensee, including, but937 not limited to, the failure to provide the appropriate odometer disclosure forms required938 by law or knowingly selling or offering for sale any used motor vehicle on which the939 odometer has been tampered with to reflect lower than the actua l mileage the motor940 vehicle has been driven;941 (I) The intentional use of any false, fraudulent, or forged statement or document or the942 use of any fraudulent, deceitful, dishonest, or immoral practice in connection with any943 of the licensing requirements as provided for in this chapter;944 H. B. 1267 (SUB) - 37 - 26 LC 39 5033S (J) The commission of any crime involving violence, a used mot or vehicle, illegal945 drugs, tax evasion, failure to pay taxes, or any crime involving the illegal use, carrying,946 or possession of a dangerous weapon; the conviction of, plea of guilty to, or plea of947 nolo contendere to a crime involving violence, a used motor vehicle, illegal drugs, tax948 evasion, failure to pay taxes, or any crime involving the illeg al use, carrying, or949 possession of a dangerous weapon shall be conclusive evidence of the commission of950 such crime;951 (K) Knowingly making a false statement of material fact in any advertisement to the952 public;953 (L) The performance of any dishonorable or unethical conduct l ikely to deceive,954 defraud, mislead, unfairly treat, or harm the public;955 (M) The use of any false or fraudulent statement in any document in connection with956 the business as a licensee;957 (N) Violating or attempting to violate, directly or indirectly, or assisting in or abetting958 the violation of, or conspiring to violate any of the provisions of this chapter, including959 but not limited to the failure to maintain required insurance a nd the failure to keep960 records required by this chapter for a period of at least three years from the transaction961 date;962 (O) Any other conduct, whether of the same or a different char acter than heretofore963 specified, which constitutes dishonest dealing;964 (P)(i) Any of the following activities by an automobile auction:965 (I) Allowing a motor vehicle to be sold through an auction where the seller's name966 does not appear on the face of the title;967 (II) Failing to refund all of the purchase price to the buyer when the title and tag968 receipt are not assigned to and processed for the buyer within 21 days of the969 purchase;970 H. B. 1267 (SUB) - 38 - 26 LC 39 5033S (III) Failing to make available to the department, for investigative purposes, auction971 records of a seller, for the purpose of determining if a seller sold more than five972 motor vehicles in a calendar year; provided, however, that the department shall give973 the auction reasonable notice during normal working hours;974 (IV) Failing to disclose in a conspicuous manner on the bill of sale that a buyer is975 entitled to a refund of all of the purchase price when the title and tag receipt are not976 assigned and processed within 21 days of the purchase;977 (V) Failing to include on the bill of sale any warranty disclaimer; or978 (VI) Accepting or delivering a certificate of title signed in blank.979 (ii) The provisions of this subparagraph shall not apply where:980 (I) The sale of the motor vehicle is not open to the general public;981 (II) Either the seller or purchaser of the vehicle is a licens ed used motor vehicle982 dealer;983 (III) The motor vehicle is sold as a repossessed or abandoned vehicle; or984 (IV) The motor vehicle is sold on behalf of any government age ncy or by court985 order.986 (iii) A violation of this subparagraph shall also be grounds for suspension or censure987 of a license under Code Section 43-6-18, and any auction violating this subparagraph988 may be required by the department to surrender its master dealer license plate issued989 pursuant to Code Section 40-2-38;990 (Q) Acting to obtain or holding a license on behalf of another person who was991 previously denied a license or had a license suspended or revoked under this chapter;992 in making determinations under this subparagraph, the departmen t may look at any993 competent evidence, including, but not limited to, who actually directs the activities at994 the business and who actually receives the proceeds from the business;995 (R) Having purchased, concealed, possessed, or otherwise acquired or disposed of a996 vehicle, knowing the same to be stolen;997 H. B. 1267 (SUB) - 39 - 26 LC 39 5033S (S) Having failed to meet and maintain the requirements for is suance of a license as998 provided for in this chapter;999 (T) Having failed to pay within 30 days after written demand from the department any1000 fees or penalties due on motor vehicles acquired for dismantling or rebuilding;1001 (U) Having willfully failed to keep or maintain the records required to be kept by this1002 chapter; or1003 (V) Having vacated the location of its place of business for 30 days or more without1004 having submitted a change of location application pursuant to Code Section 48-10-10;1005 or1006 (2) The department finds, after a hearing, that the licensee failed to establish, maintain,1007 or monitor procedural safeguards to ensure that the following activities do not occur at1008 the established place of business, regardless of whether the licensee had actual knowledge1009 of any such activity or activities or regardless of whether there was an intent on the part1010 of any person to engage in any such activity or activities:1011 (A) Unfair and deceptive acts or practices as defined in Part 2 of Article 15 of1012 Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975';1013 (B) Any of those activities described in Code Section 40-3-90; or1014 (C) Failure to obtain a certificate of title for a purchaser.1015 (b) In determining the appropriate disciplinary action, the commissioner shall consider:1016 (1) The severity and nature of the violation;1017 (2) The number of consumers affected;1018 (3) The licensee's history of prior violations;1019 (4) The licensee's cooperation with the investigation;1020 (5) Any corrective measures taken by the licensee; and1021 (6) The economic impact of the proposed action on the licensee.1022 (c) The department shall be authorized to investigate a suspected violation of this chapter1023 and, after notice and hearing, impose a civil monetary penalty; suspend, confiscate, or limit1024 H. B. 1267 (SUB) - 40 - 26 LC 39 5033S issuance of any dealer license plates issued pursuant to Code Section 40-2-38 for a period1025 of up to 24 months; or suspend or revoke a license. The depart ment shall be further1026 authorized to suspend access to the electronic temporary operat ing permit system in1027 accordance with the procedures set forth in Code Section 40-2-8.1.1028 48-10-12.1029 (a) Except as otherwise provided in Code Section 40-2-8.1, no action shall be taken against1030 a licensee without a hear ing in accordance with Chapter 13 of T itle 50, the 'Georgia1031 Administrative Procedure Act.'1032 (b) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,'1033 with respect to emergency action by a professional licensing ag ency and summary1034 suspension of a license are adopted and incorporated by reference into this Code section.1035 48-10-13.1036 (a) Every licensee shall maintain for three years a record of:1037 (1) Every motor vehicle or any motor vehicle body, chassis, or major component part1038 received or acquired by him or her; its description and any identifying numbers; the date1039 of its receipt or acquisition; and the full name, address, and driver's license number or1040 social security number of the person from whom received or acqu ired; provided,1041 however, that, in the event such purchase or acquisition is fro m a used motor vehicle1042 dealer or from a used motor vehicle parts dealer, the name and address of the corporation1043 or company shall be sufficient if the seller is registered under this chapter;1044 (2) Every motor vehicle or any motor vehicle body, chassis, or major component part1045 disposed of by him or her; its description and any identifying numbers; the date of its1046 receipt or acquisition; and the full name, address, and driver's license number or social1047 security number of the person to whom disposed, provided that such information shall not1048 be required for any parts coming from vehicles that have been reported to the National1049 H. B. 1267 (SUB) - 41 - 26 LC 39 5033S Motor Vehicle Title Information System. In the event such disposal is to a used motor1050 vehicle dealer or to a used motor vehicle parts dealer, the nam e and address of the1051 corporation or company shall be sufficient if the purchaser or acquirer is registered under1052 this chapter;1053 (3) Every motor vehicle wrecked, dismantled, or crushed by him or her and the date of1054 its wrecking or dismantling; and1055 (4) Any other records which the department may reasonably require to protect the public,1056 as relating to the licensee's method of operation and personnel employed.1057 (b) The possession of motor vehicles or parts covered by this chapter shall be prima-facie1058 evidence that they were purchased for the purpose of resale.1059 48-10-14.1060 Nothing in this chapter shall prohibit any lawful regulation or licensing of licensees by any1061 municipality, county, or other political subdivision of this st ate; provided, however, that1062 no such political subdivision shall license any licensee requir ed to be registered by this1063 chapter unless such licensee is properly licensed under this chapter.1064 48-10-15.1065 The department may impose a fine not to exceed $500.00 for each violation of any1066 provision of this chapter. Such fines shall be listed in a schedule contained in the rules and1067 regulations of the department. The licensee shall pay the fine within 30 days after1068 receiving written notification from the department unless the licensee requests in writing1069 a hearing before the department. Such request for a hearing sh all be received by the1070 department within 30 days after receipt of the written notifica tion from the department. 1071 Failure either to pay the fine or request a hearing shall result in immediate suspension of1072 the license pending a hearing by the department to determine whether revocation or other1073 disciplinary action should be imposed on the licensee.1074 H. B. 1267 (SUB) - 42 - 26 LC 39 5033S 48-10-16.1075 Any licensee who purchases a wrecked or salvage motor vehicle or rebuilds a wrecked or1076 salvage motor vehicle shall fully comply with Chapter 3 of Titl e 40, the 'Motor Vehicle1077 Certificate of Title Act,' regarding titling and inspection of salvage and rebuilt vehicles, and1078 any rules and regulations adopted pursuant to such chapter.1079 48-10-17.1080 All licensees under this chapter who operate salvage pools shall furnish to any person who1081 purchases a motor vehicle the make, model, year, body style, an d vehicle identification1082 number of the particular vehicle sold. In the event that the operator of a salvage pool is an1083 insurance company, the claim number of the motor vehicle shall be furnished to the1084 purchaser in addition to the other required information.1085 48-10-18.1086 Every person required to be licensed under this chapter shall, as a condition of licensure,1087 be deemed to have granted authority and permission to the depar tment and any peace1088 officer to inspect any record or document and any motor vehicle or motor vehicle part or1089 accessory at or on the premises of his or her established place of business, or any additional1090 place of business, at any reasonable time during the day or night during reasonable business1091 hours.1092 48-10-19.1093 Nothing in this chapter shall be construed to prohibit municipa lities or counties, by1094 ordinance or resolution, from authorizing local law enforcement officers to impound used1095 motor vehicles which are displayed for sale at unlicensed facil ities, provided that such1096 ordinances or resolutions provide for actual prior notice to th e owners of such motor1097 vehicles of such impoundment.1098 H. B. 1267 (SUB) - 43 - 26 LC 39 5033S 48-10-20.1099 No licensee, except any licensed auto auction or salvage pool selling at its regular place of1100 business, shall sell any used motor vehicle on a consignment ba sis unless the licensee1101 places his or her name on the title at the time of sale and complies with all other applicable1102 laws.1103 48-10-21.1104 (a) Any person, regardless of whether that person is a license e or not, who commits or1105 causes to be done any act that violates this chapter or fails t o do any act or causes to be1106 omitted any act that is required by this chapter shall be subje ct to a civil penalty not to1107 exceed $3,000.00 for each violation. A violation of this chapter shall, for the purposes of1108 this Code section, constitute a separate offense as to any moto r vehicle or motor vehicle1109 part; and each day during which any person offers for sale, sel ls, trades, transfers, or1110 disposes of used motor vehicles or used motor vehicle parts wit hout being licensed1111 pursuant to this chapter shall constitute a separate offense.1112 (b) The penalty provided in subsection (a) of this Code section and any restitution due to1113 specifically named consumers for violations of this chapter shall be recoverable by a civil1114 action brought by the department, the Attorney General, or any district attorney,1115 solicitor-general, or municipal or county attorney in any super ior or state court having1116 proper jurisdiction. The proceeds of any civil penalty shall be remitted to the state treasury1117 by the clerk of the court in which such case is filed; provided, however, that, in an action1118 brought on behalf of a county or municipality, one-half of the proceeds of such civil1119 penalty shall be paid into the treasury of such county or municipality. The court shall order1120 any restitution recovered on behalf of any consumer to be paid over directly to the1121 consumer by the defendant.1122 (c) Any person damaged by a violation of this chapter may brin g an action against the1123 person committing the violation, regardless of whether that per son is a licensee, in any1124 H. B. 1267 (SUB) - 44 - 26 LC 39 5033S superior court of competent jurisdiction to recover actual, con sequential, and punitive1125 damages, attorneys' fees, and court costs.1126 48-10-22.1127 Any person, firm, or corporation who violates this chapter shal l be guilty of a1128 misdemeanor. In addition to such criminal penalty, the department may bring an action to1129 enjoin any violation, actual or threatened, of this chapter notwithstanding the existence of1130 an adequate remedy at law.1131 48-10-23.1132 This chapter shall not apply to:1133 (1) Franchised motor vehicle dealers and their wholly owned and controlled subsidiaries1134 operating in the county in which their franchise is located or operating as a direct dealer1135 of a manufacturer;1136 (2) Receivers, trustees, administrators, executors, guardians, or other persons appointed1137 by or acting under the judgment or order of any court;1138 (3) Public officers while performing their official duties;1139 (4) Persons disposing of motor vehicles acquired for their own use when the same was1140 acquired and used in good faith and not for the purpose of avoiding the provisions of this1141 chapter. Evidence of good faith, as provided in this paragraph, shall consist of the fact1142 that the motor vehicle is properly titled and registered in the name of the transferor;1143 (5) Financial institutions when the financial institution sell s its repossessed or leased1144 motor vehicles;1145 (6) Insurance companies who sell motor vehicles to which they have taken title as an1146 incident of payments made under an insurance policy;1147 (7) Persons who act as agents for insurance companies for the purpose of soliciting1148 insurance for motor vehicles;1149 H. B. 1267 (SUB) - 45 - 26 LC 39 5033S (8) Persons engaged in a business other than as a used motor v ehicle dealer who sell1150 motor vehicles traded in as a part of the purchase price of an article other than a motor1151 vehicle and which have not been acquired by direct purchase for cash, and which1152 business is not for the purpose of violating this chapter;1153 (9) Persons who sell only vehicles which will not be used prim arily for transportation1154 purposes, including, but not limited to, antique automobiles, c lassic automobiles, and1155 automobiles sold solely as speculative investments. In determining whether a vehicle or1156 vehicles will not be used primarily for transportation purposes, the department may rely1157 on the representations, written or oral, made regarding the motor vehicles, but may also1158 look at any other relevant evidence; or1159 (10) Persons licensed or companies registered as auctioneers under Chapter 6 of Title 431160 when auctioning used motor vehicles which are being disposed of under administration1161 of an estate or when auctioning used motor vehicles and real pr operty at the same sale1162 when such vehicles and property are owned by a common owner.1163 48-10-24.1164 Any person who is licensed under this chapter or its predecesso r or under former1165 Chapter 47 or 48 of Title 43 who will be required as a result o f this chapter to make1166 changes in his or her business operations shall not be required to make such changes until1167 such time as he or she is required to renew his or her license. Any such changes shall have1168 been completed prior to the granting of any renewal license."1169 PART IV1170 SECTION 4-1.1171 Various titles of the Official Code of Georgia Annotated are amended by replacing:1172 H. B. 1267 (SUB) - 46 - 26 LC 39 5033S (1) "Code Section 43-47-2" with "Code Section 48-10-2" wherever such phrase appears1173 in:1174 (A) Code Section 10-1-393.18, relating to required disclosures for commercial financing1175 transactions, exceptions, limitations on brokers, enforcement, and civil penalties;1176 (B) Code Section 40-3-36, relating to cancellation and destruction of certificate of title1177 for scrap, dismantled, or demolished vehicles or trailers, salv age certificate of title,1178 administrative enforcement, and removal of license plates; and1179 (C) Code Section 40-3-37, relating to salvaged or rebuilt moto r vehicles, inspections,1180 fees, exemption of motorcycles, and glider kits;1181 (2) "Code Section 43-47-21" with "Code Section 48-10-21" and "Chapter 47 of Title 43"1182 with "Chapter 10 of Title 48" in Code Section 40-2-39.1, relating to restrictions on sale or1183 advertising of used motor vehicles displayed or parked, excepti ons, enforcement, and1184 penalty;1185 (3) "Code Section 43-47-7" with "Code Section 48-10-4" in Code Section 40-3-36, relating1186 to cancellation and destruction of certificate of title for scrap, dismantled, or demolished1187 vehicles or trailers, salvage certificate of title, administrative enforcement, and removal of1188 license plates;1189 (4) "Chapter 47 of Title 43" with "Chapter 10 of Title 48" wherever such phrase appears1190 in:1191 (A) Code Section 10-1-351, relating to verifiable documentation required and unlawful1192 activities pertaining to used, detached catalytic converters;1193 (B) Code Section 10-1-358.1, relating to exclusions from article's applicability;1194 (C) Code Section 12-8-22, relating to definitions;1195 (D) Code Section 33-6-5, relating to other unfair methods of competition and unfair and1196 deceptive acts or practices;1197 (E) Code Section 40-2-130, relating to records of certificates of registration;1198 H. B. 1267 (SUB) - 47 - 26 LC 39 5033S (F) Code Section 40-3-23, relating to issuance of certificate of title, maintenance of1199 record of certificates issued, public inspection, fees, and electronic format; and 1200 (G) Code Section 43-6-11.1, relating to expiration of licenses , waiver of continuing1201 education requirement, and rules and regulations;1202 (5) "Chapter 47 of Title 43" with "Chapter 10 of this title" i n Code Section 48-5C-1,1203 relating to alternative ad valorem taxation of motor vehicles and title ad valorem tax fee;1204 and1205 (6) "Chapter 47 of this title" with "Chapter 10 of Title 48" i n Code Section 43-6-22.1,1206 relating to auctioneers education, research, and recovery fund.1207 PART V1208 SECTION 5-1.1209 (a) Except as provided in subsection (b) of this section, this A c t s h a l l b e e f f e c t i v e o n1210 July 1, 2026.1211 (b) Parts III and IV of this Act shall become effective on Jul y 1, 2028, only if funds are1212 specifically appropriated for purposes of this Act as expressed in a line item making specific1213 reference to full funding of this Act in an appropriations Act enacted by the General1214 Assembly.1215 PART VI1216 SECTION 6-1.1217 All laws and parts of laws in conflict with this Act are repealed.1218 H. B. 1267 (SUB) - 48 -