HR 392: Joint Study Committee on the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers; create

House Resolution 392

By: Representatives Corbett of the 174th, Powell of the 33rd, Wiedower of the 121st, Ridley of the 6th, and Smith of the 138th

A RESOLUTION

Creating the Joint Study Committee on the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers; and for other purposes.

WHEREAS, according to the Georgia Department of Revenue, there has been a dramatic increase in the number of illegal temporary operating permits issued by Georgia licensed dealers in this state and in other states; and

WHEREAS, the department reports that a substantial number of licensed dealers are selling temporary operating permits, which is illegal, and improperly issuing multiple temporary operating permits to customers when the dealers cannot timely process the title application; and

WHEREAS, lawmakers and industry leaders have expressed concerns over the abuse of dealer plates with how the plates are used to avoid the payment of title ad valorem taxes on luxury motor vehicles and to avoid personal responsibility for citations for moving violations and unpaid tolls; and

WHEREAS, the department reports that it has discovered licensed motor vehicle dealers selling or renting their dealer plates, which is illegal, and even sharing forged copies of their dealer plates; and

WHEREAS, law enforcement officials report that criminals in Georgia and other states have used illegally issued temporary operating permits, rented dealer plates, and forged copies of dealer plates to move stolen motor vehicles and drugs, avoid payment of title ad valorem tax and title and registration fees, operate vehicles without passing required federal emissions standards, and operate vehicles without minimum liability insurance; and

WHEREAS, although temporary operating permits and motor vehicle dealer license plates are overseen by the Department of Revenue, used car dealers are currently regulated by the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers which is overseen by the Secretary of State's office; and

WHEREAS, study is needed to determine whether regulation of the used motor vehicle industry would be best suited within the same agency that is responsible for issuing license plates that are essential for the operation of such business.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF

GEORGIA:

(1) Creation of joint study committee. There is created the Joint Study Committee on the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers.

(2) Members and officers. The committee shall be composed of the following members:

(A) The Speaker of the House of Representatives shall appoint four members of the House of Representatives as members of the committee, one of whom shall be the chairperson of the House Committee on Motor Vehicles and one of whom shall be the chairperson of the House Committee on Regulated Industries. The Speaker of the House of Representatives shall also designate one of such members as cochairperson;

(B) The President of the Senate shall appoint four members of the Senate as members of the committee, one of whom shall be the chairperson of the Senate Regulated Industries and Utilities and one of whom shall be the chairperson of the Senate Public Safety Committee. The President of the Senate shall also designate one of such members as cochairperson;

(C) The Secretary of State or his or her designee;

(D) The commissioner of the Department of Revenue or his or her designee; and

(E) Two representatives from a state or local law enforcement agency with experience in motor vehicle crimes, one of whom shall be appointed by the Speaker of the House of Representatives and one of whom shall be appointed by the President of the Senate.

(3) Powers and duties. The committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate.

(4) Meetings. The cochairpersons shall call all meetings of the committee. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution.

(5) Allowances, expenses, and funding.

(A) The legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated.

(B) Members of the committee who are state officials, other than legislative members, or state employees shall receive no compensation for their services on the committee, but they may be reimbursed for expenses incurred by them in the performance of their duties as members of the committee in the same manner as they are reimbursed for expenses in their capacities as state officials or employees.

(C) Members of the committee who are not legislators, state officials, or state employees shall receive a daily expense allowance in an amount the same as that specified in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated, as well as the mileage or transportation allowance authorized for state employees.

(D) The allowances and expenses authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized. Funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the House of Representatives and Senate; except that funds for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective agencies.

(6) Report.

(A) In the event the committee adopts any specific findings or recommendations that include suggestions for proposed legislation, the cochairpersons shall file a report of the same prior to the date of abolishment specified in this resolution, subject to subparagraph (C) of this paragraph.

(B) In the event the committee adopts a report that does not include suggestions for proposed legislation, the cochairpersons shall file the report, subject to subparagraph (C) of this paragraph.

(C) No report shall be filed unless the same has been approved prior to the date of abolishment specified in this resolution by majority vote of a quorum of the committee. A report so approved shall be signed by the cochairpersons of the committee and filed with the Clerk of the House of Representatives and the Secretary of the Senate.

(D) In the absence of an approved report, the cochairpersons may file with the Clerk of the House of Representatives and the Secretary of the Senate copies of the minutes of the meetings of the committee in lieu thereof.

(7) Abolishment. The committee shall stand abolished on December 1, 2025.