Committee approves substitute to shift used-car dealer rulemaking to Georgia Department of Revenue, sets 2028 transition

A committee approved a substitute bill on Monday that transfers certain rulemaking powers for used-motor-vehicle dealers to the Georgia Department of Revenue and establishes a five-member advisory council with three-year terms.

The sponsor said the substitute (LC 395030s) makes minor changes to earlier language, creates an advisory council under the Department of Revenue to review existing rules and recommend modifications or repeals, and moves the sections granting powers and authority to the Department of Revenue. "None of this will take effect until 07/01/2028," the sponsor said, adding the transfer is contingent on funds being available in the state budget.

The amendment most prominent in committee was offered to make the board subject to the Georgia Administrative Procedures Act, which requires administrative rulemaking to be reported to the legislature. Jennifer, a staff member who read the amendment text into the record, said the insertion adds a new code section to chapter 7 of Title 43 (adding 43-47-6.1) that "the board established pursuant to this chapter shall be subject to chapter 13 of Title 50, the Georgia Administrative Procedures Act." The sponsor told members the Secretary of State's office had no objections to that change.

Committee members asked for clarification about operations during the transition. One member asked whether the board under the Secretary of State would remain in place while the transition proceeds; the sponsor confirmed the existing board will remain with the Secretary of State until the July 1, 2028 effective date so the advisory council can review rules and address any gaps raised in prior consideration. The sponsor also said advisory council members will be appointed by the commissioner of the Department of Revenue and that the five appointees must be eligible to hold a used-motor-vehicle dealer or parts-dealer license. On a related point, the sponsor said the licensing definition already covers e-commerce sellers; there is no separate e-commerce license.

Members moved and seconded the amendment and a technical correction to a cross-reference that staff described as a scrivener's error. The committee recorded an affirmative voice vote on the amendment and the correction; no negative votes were recorded in the transcript. After those changes, the committee voted in favor of the bill as amended. The sponsor thanked members and adjourned the meeting.

The bill sets a two-year transition period ending July 1, 2028, and conditions the transfer on the availability of budget funds. Specific vote tallies, sponsor name and committee name were not specified in the transcript.

What happens next: the transcript does not record additional steps or final enrollment; the committee approved the measure as amended during this session.