05 LC 18
3923
House
Bill 255
By:
Representatives Wilkinson of the
52nd,
Murphy of the
23rd,
Bordeaux of the
162nd,
and Jackson of the
161st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 48-5-444 of the Official Code of Georgia Annotated, relating
to place of return of motor vehicles and mobile homes, so as to provide for the
registration of certain motor vehicles in the county where such vehicles are
functionally located; to provide for a definition; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 48-5-444 of the Official Code of Georgia Annotated, relating to place of
return of motor vehicles and mobile homes, is amended by striking subsection (a)
of said Code section and inserting in its place the following:
"(a)(1)
For purposes
of this subsection, the term 'functionally located' means located in a county in
this state for 184 days or more during the immediately preceding calendar year.
The 184 days or more requirement of this subsection shall mean the cumulative
total number of days during such calendar year, which days may be
consecutive.
(2)(A)
Each motor vehicle owned by a resident of this state shall be returned in the
county where the owner claims a homestead exemption or, if no such exemption is
claimed, then in the county of the
owneŕs
domicile or, if the motor vehicle is primarily used in connection with some
established business enterprise located in a different county, in the county
where the business is located.
(B)
A motor vehicle owned by a resident of this state may be registered in the
county where the vehicle is functionally located if the vehicle is a passenger
car as defined in paragraph (41) of Code Section 40-1-1. Such vehicle shall
first be returned for taxation as provided in subparagraph (A) of this
paragraph. This subparagraph shall not apply with respect to any vehicle which
is used by a student enrolled in a college or university in this state in a
county other than the
student́s
domicile.
(C)
Each motor vehicle owned by a nonresident shall be returned in the county where
the motor vehicle is situated.
(2)(3)
Any person who shall knowingly make any false statement in any application for
the registration of any vehicle, in transferring any certificate of
registration, or in applying for a new certificate of registration shall be
guilty of false swearing, whether or not an oath is actually administered to
such person, if such statement shall purport to be under oath. On conviction of
such offense, such person shall be punished as provided by Code Section
16-10-71."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.