HB 538 - Motor vehicle registration; staggered over 12 months

Georgia House of Representatives - 1995/1996 Sessions

HB 538 - Motor vehicle registration; staggered over 12 months

Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8/ 9/ 10/ 11/ 12/ 13/ 14/ 15
Code Sections - 40-2-8/ 40-2-21/ 40-2-62/ 40-2-63/ 40-2-65/ 40-2-66/ 48-10-8
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1. Stancil  16th          2. Pinholster  15th        3. Harris  17th

House Comm: MotV / Senate Comm: / House Vote: Yeas Nays Senate Vote: Yeas Nays ---------------------------------------- House Action Senate ---------------------------------------- 2/2/95 Read 1st Time 2/3/95 Read 2nd Time ---------------------------------------- Code Sections amended: 40-2-8, 40-2-20, 40-2-21, 40-2-31, 40-2-40, 40-2-62, 40-2-63, 40-2-65, 40-2-66, 40-2-78, 48-10-8
HB 538 LC 18 6641 A BILL TO BE ENTITLED AN ACT 1- 1 To amend Chapter 2 of Title 40 of the Official Code of 1- 2 Georgia Annotated, relating to registration and licensing of 1- 3 motor vehicles, so as to provide for staggered motor vehicle 1- 4 registration over a 12 month period; to change certain 1- 5 licensing and registration deadlines; to increase the period 1- 6 of time for certain registration and transfer of 1- 7 registration; to provide for penalties for late 1- 8 registration; to amend Chapter 10 of Title 48 of the 1- 9 Official Code of Georgia Annotated, relating to motor 1-10 vehicle license fees and plates, so as to change the 1-11 expiration date for obtaining license plates; to provide for 1-12 related matters; to repeal conflicting laws; and for other 1-13 purposes. 1-14 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1-15 Chapter 2 of Title 40 of the Official Code of Georgia 1-16 Annotated, relating to registration and licensing of motor 1-17 vehicles, is amended by striking Code Section 40-2-8, 1-18 relating to the operation of unregistered vehicles, in its 1-19 entirety and inserting in lieu thereof the following: 1-20 "40-2-8. (Index) 1-21 (a) Any person owning or operating any vehicle described 1-22 in Code Section 40-2-20 on any public highway or street 1-23 after May 1 of each year without complying with that Code 1-24 section shall be guilty of a misdemeanor, provided that a 1-25 person shall register his or her motor vehicle within 30 1-26 days after becoming a resident of this state. Any person 1-27 renting, leasing, or loaning any vehicle described in Code 1-28 Section 40-2-20 which is being used on any public highway 1-29 or street after May 1 of each year without complying with 1-30 that Code section shall be guilty of a misdemeanor and, 1-31 upon conviction thereof, shall be punished by a fine of 1-32 $100.00 for each violation; and each day that such vehicle -1- (Index) LC 18 6641 2- 1 is operated in violation of Code Section 40-2-20 shall be 2- 2 deemed to be a separate and distinct offense. 2- 3 (b) Any vehicle operated in the State of Georgia after May 2- 4 1 of any year which is required to be registered and which 2- 5 does not have attached to the rear thereof a numbered 2- 6 license plate and current revalidation decal affixed to 2- 7 the upper right-hand corner of the license plate, if 2- 8 required, shall be stored at the owner's risk and expense 2- 9 by any law enforcement officer of the State of Georgia. 2-10 It shall be a misdemeanor to operate any vehicle required 2-11 to be registered in the State of Georgia without a valid 2-12 numbered license plate properly validated; provided, 2-13 however, that the purchaser of a new vehicle or a vehicle 2-14 which does not have a current and valid registration or a 2-15 used vehicle may operate such vehicle on the public 2-16 highways and streets of this state without a current valid 2-17 license plate during the 21 30 day period within which the 2-18 purchaser is required by Code Section 40-2-20 to register 2-19 or transfer the registration of such vehicle and provided, 2-20 further, that the purchaser and operator of a vehicle 2-21 shall not be subject to the penalties set forth in this 2-22 Code section during the period allowed for the 2-23 registration or transfer of registration. If the owner of 2-24 such vehicle presents evidence that such owner has 2-25 properly applied for the registration of such vehicle, but 2-26 that the license plate or revalidation decal has not been 2-27 delivered to such owner, then the owner shall not be 2-28 subject to the above penalties. 2-29 (c) It shall be unlawful and punishable as for a 2-30 misdemeanor to operate any vehicle required to be 2-31 registered in the State of Georgia without a valid county 2-32 decal designating the county where the vehicle was last 2-33 registered. Any person convicted of such offense shall be 2-34 punished by a fine of $25.00 for a first offense and 2-35 $100.00 for a second or subsequent such offense. However, 2-36 a county name decal shall not be required if there is no 2-37 space provided for a county name decal on the current 2-38 license plate." SECTION 2. 2-39 Said chapter is further amended by striking subsection (a) 2-40 of Code Section 40-2-20, relating to registration and 2-41 licensing requirements, in its entirety and inserting in 2-42 lieu thereof the following: -2- (Index) LC 18 6641 3- 1 "(a)(1) Except as provided in subsection (b) of this 3- 2 Code section, every owner of a motor vehicle, including 3- 3 a tractor or motorcycle, and every owner of a trailer 3- 4 shall, on or before May 1 in calendar year 1997 and 3- 5 during the owner's registration period in each year 3- 6 thereafter, before operating such motor vehicle or 3- 7 trailer, register such vehicle as provided in this 3- 8 chapter and obtain a license to operate it for the 3- 9 ensuing year. The purchaser of every new motor vehicle 3-10 or other motor vehicle which does not have a current and 3-11 valid Georgia registration, including tractors and 3-12 motorcycles, or trailer shall, within 21 30 days of the 3-13 date of purchase of such vehicle, register such vehicle 3-14 as provided in this chapter and obtain a license to 3-15 operate it for the ensuing year period remaining until 3-16 such person's next registration period. The purchaser 3-17 of every used motor vehicle, including tractors and 3-18 motorcycles, or trailer which is currently registered 3-19 shall, within 21 30 days of the purchase of such 3-20 vehicle, transfer such registration as provided in Code 3-21 Section 40-2-42. No person, company, or corporation, 3-22 including, but not limited to, used motor vehicle 3-23 dealers and auto auctions, shall sell or transfer a 3-24 motor vehicle without providing to the purchaser or 3-25 transferee of such motor vehicle the current Georgia 3-26 certificate of registration on such vehicle at the time 3-27 of such sale or transfer or, if such vehicle does not 3-28 have a current and valid Georgia certificate of 3-29 registration, the last certificate of registration for 3-30 such vehicle; provided, however, that in the case of a 3-31 repossessed or leased motor vehicle, a court ordered 3-32 sale or other involuntary transfer, a salvage motor 3-33 vehicle, or a motor vehicle which is stolen but 3-34 subsequently recovered by the insurance company after 3-35 payment of a total loss claim, the lienholder or lessor, 3-36 the transferor, the salvage dealer, or insurer, 3-37 respectively, shall not be required to obtain and 3-38 transfer the certificate of registration for such 3-39 vehicle, but shall, prior to the sale of such vehicle, 3-40 surrender the license plate of such vehicle to the 3-41 commissioner or the county tag agent by personal 3-42 delivery or by certified mail for cancellation; 3-43 provided, further, that in those cases where there is no 3-44 current and valid Georgia certificate of registration or 3-45 in those situations where the person, company, or 3-46 corporation selling or transferring the motor vehicle -3- (Index) LC 18 6641 4- 1 does not possess the certificate of registration, then 4- 2 the purchaser or transferee of such motor vehicle, if 4- 3 such purchaser or transferee is a licensed motor vehicle 4- 4 dealer, may apply to the appropriate county or state for 4- 5 a replacement certificate of registration. 4- 6 (2) An application for the registration of a motor 4- 7 vehicle may be submitted separately from the application 4- 8 for a certificate of title for such motor vehicle, and 4- 9 an application for a certificate of title for a motor 4-10 vehicle may be submitted separately from the application 4-11 for the registration of such motor vehicle." SECTION 3. 4-12 Said chapter is further amended by striking Code Section 4-13 40-2-21, relating to staggered registration periods, in its 4-14 entirety and inserting in lieu thereof the following: 4-15 "40-2-21. (Index) 4-16 (a) As used in this Code section, the term: 4-17 (1) 'Name' means: 4-18 (A) For natural persons, the surname of the owner 4-19 whose name appears first on the certificate of title 4-20 or other record of ownership; or 4-21 (B) For entities other than natural persons, the first 4-22 letter or word of the owner whose name appears first 4-23 on the certificate of title or other record of 4-24 ownership. 4-25 (2)(1) 'Registration period' means: 4-26 (A) The month of January for an owner whose name 4-27 begins with the letter A, B, C, or D; 4-28 (B) The month of February for an owner whose name 4-29 begins with the letter E, F, G, H, I, J, or K; 4-30 (C) The month of March for an owner whose name begins 4-31 with the letter L, M, N, O, P, Q, or R; or 4-32 (D) From April 1 until on or before May 1 for an owner 4-33 whose name begins with the letter S, T, U, V, W, X, Y, 4-34 or Z. 4-35 (A) For natural persons, the 30 day period ending at 4-36 midnight on the birthday of the owner whose name 4-37 appears first on the certificate of title; or -4- (Index) LC 18 6641 5- 1 (B) For entities other than natural persons, the 5- 2 period each year beginning on January 1 and ending at 5- 3 midnight April 30. 5- 4 (3)(2) 'Vehicle' means every motor vehicle, including a 5- 5 tractor or motorcycle, and every trailer required to be 5- 6 registered and licensed under Code Section 40-2-20. 5- 7 (b) The Except as authorized in subsection (c) of this 5- 8 Code section, in each county to which the provisions of 5- 9 this Code section are made to apply as provided in 5-10 subsection (f) of this Code section, the owner of every 5-11 vehicle registered in the previous calendar year shall, 5-12 between January 1 and May 1 of each year, register and 5-13 obtain a license to operate such vehicle not later than 5-14 the last day of the owner's registration period. The 5-15 lessee of a vehicle being operated under a lease agreement 5-16 may elect to register and obtain a license to operate such 5-17 vehicle not later than the last day of the registration 5-18 period of either the lessee or the lessor. 5-19 (c) The owner of any vehicle registered in the previous 5-20 calendar year who moves his residence between January 1 5-21 and May 1 from a county to which this Code section is not 5-22 applicable to a county to which this Code section is 5-23 applicable or the new owner of a vehicle registered in the 5-24 previous calendar year which was transferred to such new 5-25 owner between January 1 and May 1 who resides in a county 5-26 to which this Code section is applicable shall, unless 5-27 such vehicle has been registered during the current 5-28 calendar year, register and obtain a license to operate 5-29 such vehicle prior to the last day of the owner's renewal 5-30 period or, if such renewal period has passed at the time 5-31 of the change of residence or at the time of transfer, on 5-32 or before May 1. 5-33 (d) Any owner of a vehicle who does not register and 5-34 obtain a license to operate such vehicle as provided in 5-35 subsections (b) and (c) of this Code section shall, in 5-36 addition to any other penalty which may be imposed if such 5-37 vehicle is registered after May 1 the final date on which 5-38 such vehicle is required to be registered, be subject to a 5-39 $15.00 late registration penalty. Such penalty shall be 5-40 paid prior to obtaining a registration and license and 5-41 shall be in addition to the fee provided by law. The 5-42 penalty provided for in this subsection shall be paid into 5-43 the general fund of the county. The penalty provided for 5-44 in this subsection shall be waived if the penalties -5- (Index) LC 18 6641 6- 1 provided for in Code Section 40-2-40 are waived or are 6- 2 determined not to be applicable under rules or regulations 6- 3 issued by the commissioner. 6- 4 (e)(d) The transferee of a new or unregistered vehicle 6- 5 shall register and obtain a license to operate such 6- 6 vehicle as provided in subsection (a) of Code Section 6- 7 40-2-20. 6- 8 (f) This Code section shall only apply to a county which 6- 9 has been brought under the provisions of this Code section 6-10 pursuant to a local law enacted by the General Assembly 6-11 and shall apply beginning January 1 of the calendar year 6-12 specified in such local law. If such local law is 6-13 conditioned upon approval in a referendum, the results of 6-14 such referendum shall be certified to the Department of 6-15 Revenue. 6-16 (g)(e) Nothing in this Code section shall preclude the 6-17 owner of any vehicle from registering and obtaining a 6-18 license for such vehicle prior to his or her registration 6-19 period." SECTION 4. 6-20 Said chapter is further amended by striking subsection (d) 6-21 of Code Section 40-2-31, relating to license plates and 6-22 revalidation decals, in its entirety and inserting in lieu 6-23 thereof the following: 6-24 "(d) In those years in which a metal plate is not issued, 6-25 a revalidation decal with a distinctive serial number 6-26 shall be issued and affixed in the space provided on the 6-27 license plate assigned to the vehicle. which shall 6-28 indicate the year and month through which the registration 6-29 of the vehicle shall be valid; provided, however, that if 6-30 the commissioner determines that it is necessary two 6-31 revalidation decals shall be issued for each license plate 6-32 to reflect the required information. When an applicant is 6-33 issued a revalidation decal and such applicant registered 6-34 the vehicle in another county the previous year, the 6-35 applicant shall also be issued a new county decal which 6-36 shall be properly affixed to the license plate and shall 6-37 replace the other county decal." SECTION 5. 6-38 Said chapter is further amended by striking subsection (a) 6-39 of Code Section 40-2-40, relating to the registration of -6- (Index) LC 18 6641 7- 1 delinquent vehicles, in its entirety and inserting in lieu 7- 2 thereof the following: 7- 3 "(a) On and after May 2 in each year, the The owner of a 7- 4 vehicle required to be registered under Code Section 7- 5 40-2-20 which was registered for the previous year, who 7- 6 has failed to comply with Code Section 40-2-20 for the 7- 7 current year, shall be deemed and held to be a delinquent 7- 8 under this Code section; and the registration of such 7- 9 vehicle shall, on May 2 and thereafter after the 7-10 expiration of the owner's registration period, be subject 7-11 to a penalty of 25 percent of the registration fee for 7-12 such vehicle in addition to the fee provided by law, 7-13 provided that such penalty shall in no event be levied 7-14 prior to May 2 the expiration of the owner's registration 7-15 period, notwithstanding that the owner failed to register 7-16 such vehicle within 21 30 days of its purchase." SECTION 6. 7-17 Said chapter is further amended by striking Code Section 7-18 40-2-62, relating to special license plates for members of 7-19 the General Assembly, in its entirety and inserting in lieu 7-20 thereof the following: 7-21 "40-2-62. (Index) 7-22 The commissioner shall mail special and distinctive 7-23 license plates printed for members of the General Assembly 7-24 to the local tag agent in the counties wherein such 7-25 members reside on or before December 31 of the owner's 7-26 registration period each year. Such special and 7-27 distinctive license plates shall be issued only upon 7-28 applications made to the local tag agent and payment of a 7-29 $25.00 manufacturing fee. License plates may be issued by 7-30 the local tag agent upon a proper application and in 7-31 accordance with the terms of this chapter. License plates 7-32 issued pursuant to this Code section need not contain a 7-33 place for the county name decal, and no county name decal 7-34 need be affixed to a license plate issued pursuant to this 7-35 Code section. Special and distinctive license plates 7-36 issued pursuant to this Code section shall be renewed 7-37 annually, and revalidation decals shall be issued upon 7-38 compliance with the laws relating to registration and 7-39 licensing and upon payment of an additional registration 7-40 fee of $25.00 which shall be collected by the county tag 7-41 agent at the time for collection of other registration -7- (Index) LC 18 6641 8- 1 fees and shall be remitted to the state as provided in 8- 2 Code Section 40-2-34." SECTION 7. 8- 3 Said chapter is further amended by striking Code Section 8- 4 40-2-63, relating to special license plates issued to 8- 5 sheriffs, in its entirety and inserting in lieu thereof the 8- 6 following: 8- 7 "40-2-63. (Index) 8- 8 The On or before December 31 of each year, the 8- 9 commissioner shall mail to the local tag agents special 8-10 and distinctive license plates for the elected sheriffs in 8-11 the counties of this state on or before the owner's 8-12 registration period of each sheriff. The sheriffs shall 8-13 make application with the local tag agent and shall pay a 8-14 fee of $25.00. Special sheriff's sheriffs' license plates 8-15 issued pursuant to this Code section shall be renewed 8-16 annually, and revalidation decals shall be issued upon 8-17 compliance with the laws relating to registration and 8-18 licensing and upon payment of an additional registration 8-19 fee of $25.00 which shall be collected by the county tag 8-20 agent at the time of collection of other registration fees 8-21 and shall be remitted to the state as provided in Code 8-22 Section 40-2-34. License plates shall be issued by the 8-23 local tag agents upon proper application and in accordance 8-24 with the terms of Article 2 of this chapter. Only one 8-25 special and distinctive license plate shall be issued to 8-26 each elected sheriff for his personal motor vehicle; 8-27 however, a sheriff may choose to use his the sheriff's 8-28 distinctive license plate either on his the law 8-29 enforcement vehicle assigned to such sheriff or his 8-30 sheriff's on his or her personal vehicle." SECTION 8. 8-31 Said chapter is further amended by striking Code Section 8-32 40-2-65, relating to special license plates for active 8-33 reserve components of the United States, in its entirety and 8-34 inserting in lieu thereof the following: 8-35 "40-2-65. (Index) 8-36 (a) Motor vehicle owners who are assigned or attached 8-37 members of troop program units of any branch of the active 8-38 reserve components of the United States inside or outside 8-39 the State of Georgia shall be eligible to receive free 8-40 motor vehicle license plates for private passenger cars or -8- (Index) LC 18 6641 9- 1 trucks used for personal transportation. Motor vehicle 9- 2 owners who are members of any National Guard unit in a 9- 3 state adjoining the State of Georgia and for whom there is 9- 4 no National Guard unit in the county of their residence 9- 5 shall be eligible to receive free motor vehicle plates for 9- 6 private passenger cars or trucks used for personal 9- 7 transportation to identify such vehicle owner as a 9- 8 reservist. Such license plates shall be issued in 9- 9 compliance with the state motor vehicle laws relating to 9-10 registration and licensing of motor vehicles as prescribed 9-11 in Article 2 of this chapter. No person shall be entitled 9-12 to more than one free motor vehicle license plate for any 9-13 calendar year; provided, however, that, upon payment of 9-14 the regular license fee provided for in Code Section 9-15 48-10-2 and a manufacturing fee of $25.00, a reservist 9-16 shall be entitled to receive one additional such license 9-17 plate. For each additional license plate for which an 9-18 initial $25.00 fee was required, there shall be an 9-19 additional annual registration fee of $25.00 which fee 9-20 shall be collected by the county tag agent at the time of 9-21 collection of other registration fees and shall be 9-22 remitted to the state as provided in Code Section 40-2-34. 9-23 Additional words or symbols in addition to numbers and 9-24 letters prescribed by law shall be inscribed upon such 9-25 license plates so as to identify distinctively the owner 9-26 as a member of the 'United States military reserve.' The 9-27 major commanders of each active reserve component program 9-28 shall furnish to the commissioner each year prior to the 9-29 date that license plates are issued a list of the members 9-30 of their command assigned or attached to troop program 9-31 units who reside in Georgia. The adjutant general of each 9-32 neighboring state shall furnish to the commissioner each 9-33 year prior to the date that license plates are issued a 9-34 list of the members of that state's National Guard unit 9-35 who reside in Georgia. The lists of reservists and 9-36 guardsmen required under this subsection shall be updated 9-37 as necessary throughout the calendar year. 9-38 (b)(1) Upon transfer of the ownership of a private 9-39 passenger vehicle upon which there is a license plate 9-40 distinctively identifying the owner thereof as a member 9-41 of the 'United States military reserve,' such plate 9-42 shall be removed and the authority to use the plate 9-43 shall thereby be canceled; however, after such a 9-44 transfer of ownership occurs, should the said reservist 9-45 acquire another motor vehicle, the license plate issued -9- (Index) LC 18 6641 10- 1 pursuant to this Code section may be placed on such 10- 2 newly acquired motor vehicle, and such reservist shall 10- 3 notify the commissioner of such transfer of the license 10- 4 plate to such newly acquired motor vehicle in such 10- 5 manner as the commissioner may prescribe by regulation. 10- 6 No transfer or cancellation fee shall be charged for the 10- 7 transfer of free reservist license plates. There shall 10- 8 be a transfer and cancellation fee of $5.00 for the 10- 9 transfer of any other reservist license plate. 10-10 (2) Should an active reservist who has been issued a 10-11 free license plate be discharged or otherwise separated 10-12 from his or her reserve unit, the immediate commanding 10-13 officer of such active reservist shall obtain the 10-14 discharged member's free license plate at the time of 10-15 the discharge and shall forward same to the commissioner 10-16 along with a certificate to the effect that such person 10-17 has been discharged, and thereupon the commissioner 10-18 shall issue a regular license plate, at no additional 10-19 charge, to such former reservist to replace the 10-20 reservist plate. Should an active reservist enlist or 10-21 be commissioned after he has purchased purchasing a 10-22 regular license plate for the his or her current year 10-23 registration period, the commanding officer of the unit 10-24 in which such person enlists or is commissioned shall 10-25 likewise secure the regular license plate of such person 10-26 and return same to the commissioner, along with a 10-27 certificate to the effect that such person has been 10-28 enlisted or commissioned in a troop program unit of the 10-29 reserve components, and the effective date thereof, 10-30 whereupon the commissioner shall issue a reservist 10-31 license plate, at no extra charge, to such new member to 10-32 replace the returned regular plate. Upon such request 10-33 for a change in plate for a discharged reservist or a 10-34 newly enlisted reservist, the commanding officer shall 10-35 furnish such member with a copy of his the commanding 10-36 officer's letter to the commissioner requesting the 10-37 appropriate change in plate, which copy of such letter 10-38 may be used by such member pending the issuance of the 10-39 new plate. 10-40 (c) The commissioner shall promulgate such rules and 10-41 regulations as may be necessary to enforce compliance with 10-42 all state license laws relating to the use and operation 10-43 of private passenger cars and trucks before issuing these 10-44 plates in lieu of the regular Georgia license plates, and 10-45 all applications for such plates shall be made to the -10- (Index) LC 18 6641 11- 1 commissioner. The commissioner is specifically authorized 11- 2 to promulgate all rules and regulations necessary to 11- 3 ensure compliance in instances where such vehicles have 11- 4 been transferred or sold. Except as provided in subsection 11- 5 (b) of this Code section, such plates shall be 11- 6 nontransferable." SECTION 9. 11- 7 Said chapter is further amended by striking Code Section 11- 8 40-2-66, relating to special license plates for members of 11- 9 the Georgia National Guard, in its entirety and inserting in 11-10 lieu thereof the following: 11-11 "40-2-66. (Index) 11-12 (a)(1) Motor vehicle owners who are members of the 11-13 Georgia National Guard, upon application for license 11-14 plates and upon compliance with the state motor vehicle 11-15 laws relating to registration and licensing of motor 11-16 vehicles as prescribed under Article 2 of this chapter, 11-17 shall be issued, free of charge, a license plate, as 11-18 prescribed in that article for private passenger cars or 11-19 trucks used for personal transportation. Each member of 11-20 the Georgia National Guard shall be entitled to no more 11-21 than one such free plate at a time; provided, however, 11-22 that, upon payment of the regular license fee provided 11-23 for in Code Section 48-10-2 and a manufacturing fee of 11-24 $25.00, a member shall be entitled to one additional 11-25 such license plate. For each additional license plate 11-26 for which an initial $25.00 fee was required, there 11-27 shall be an additional annual registration fee of $25.00 11-28 which fee shall be collected by the county tag agent at 11-29 the time of collection of other registration fees and 11-30 shall be remitted to the state as provided in Code 11-31 Section 40-2-34. Additional words or symbols, in 11-32 addition to the numbers and letters prescribed by law, 11-33 shall be inscribed upon such license plates so as to 11-34 identify distinctively the owner as a member of the 11-35 Georgia National Guard. The adjutant general of Georgia 11-36 shall furnish to the commissioner each year, prior to 11-37 the date that license plates are issued, a list of the 11-38 members of the Georgia National Guard which list shall 11-39 be updated throughout the year as necessary. 11-40 (2) Motor vehicle owners who are retired members of the 11-41 Georgia National Guard, upon application for license 11-42 plates and upon compliance with the state motor vehicle -11- (Index) LC 18 6641 12- 1 laws relating to registration and licensing of motor 12- 2 vehicles as prescribed under Article 2 of this chapter, 12- 3 shall be issued, free of charge, a license plate as 12- 4 prescribed in that article for private passenger cars or 12- 5 trucks used for personal transportation. Each retired 12- 6 member of the Georgia National Guard shall be entitled 12- 7 to no more than one such free plate at a time; provided, 12- 8 however, that, upon payment of the regular license fee 12- 9 provided for in Code Section 48-10-2 and a manufacturing 12-10 fee of $25.00, a member shall be entitled to one 12-11 additional such license plate. For each additional 12-12 license plate for which an initial $25.00 fee was 12-13 required, there shall be an additional annual 12-14 registration fee of $25.00 which fee shall be collected 12-15 by the county tag agent at the time of collection of 12-16 other registration fees and shall be remitted to the 12-17 state as provided in Code Section 40-2-34. The license 12-18 plates issued pursuant to this paragraph shall, in 12-19 addition to the numbers and letters prescribed by law, 12-20 be identical to those issued pursuant to paragraph (1) 12-21 of this subsection. The adjutant general of Georgia 12-22 shall furnish to the commissioner each year, prior to 12-23 the date that license plates are issued, a list of the 12-24 retired members of the Georgia National Guard which list 12-25 shall be updated as necessary throughout the year. 12-26 (b) Upon transfer of the ownership of a private passenger 12-27 vehicle upon which there is a license plate bearing the 12-28 words 'National Guard,' such plate shall be removed and 12-29 the authority to use the same shall thereby be canceled; 12-30 however, after such a transfer of ownership occurs, should 12-31 the said member or retired member of the National Guard 12-32 acquire another motor vehicle, the license plate issued 12-33 pursuant to this Code section may be placed on such newly 12-34 acquired motor vehicle and such member or retired member 12-35 shall notify the commissioner of such transfer of the 12-36 license plate to such newly acquired motor vehicle in such 12-37 manner as the commissioner may prescribe by regulation and 12-38 shall pay a transfer and cancellation fee of $5.00 and 12-39 shall also pay license fees in an amount, if any, that the 12-40 license fee for the newly acquired vehicle exceeds the 12-41 license fee of the original vehicle. No transfer or 12-42 cancellation fee shall be charged for the transfer of free 12-43 National Guard license plates. There shall be a transfer 12-44 and cancellation fee of $5.00 for the transfer of any 12-45 other National Guard license plate. Should a member of -12- (Index) LC 18 6641 13- 1 the National Guard who has been issued a National Guard 13- 2 license plate be discharged or otherwise separated except 13- 3 by retirement from the National Guard, the immediate 13- 4 commanding officer of such member shall obtain the 13- 5 discharged member's National Guard license plate at the 13- 6 time of the discharge and shall forward same to the 13- 7 commissioner along with a certificate to the effect that 13- 8 such member has been discharged, and thereupon the 13- 9 commissioner shall issue a regular license plate, at no 13-10 additional charge, to such former National Guard member to 13-11 replace the National Guard plate. Should a member of the 13-12 National Guard enlist or be commissioned in the National 13-13 Guard after he has purchased purchasing a regular license 13-14 plate for the current year, the commanding officer of the 13-15 unit in which such member enlists or is commissioned shall 13-16 likewise secure the regular license plate of such new 13-17 member and return same to the commissioner, along with a 13-18 certificate to the effect that such new member has been 13-19 enlisted or commissioned in the National Guard and the 13-20 effective date thereof, whereupon the commissioner shall 13-21 issue a National Guard license plate, at no extra charge, 13-22 to such new member to replace the returned regular plate 13-23 returned to him. Upon such request for a change in plate 13-24 for a discharged member of the National Guard or a newly 13-25 enlisted member of the National Guard, the commanding 13-26 officer shall furnish such member with a copy of his the 13-27 commanding officer's letter to the commissioner requesting 13-28 the appropriate change in plate, which copy of such letter 13-29 may be used by such member pending the issuance of the new 13-30 plate. 13-31 (c) The commissioner shall, on or before March 1 in each 13-32 year, furnish to the sheriff of each county in the state 13-33 an alphabetical arrangement of the list of names, 13-34 addresses, and license plate letters of each person to 13-35 whom a license plate is issued under this Code section, 13-36 and it shall be the duty of the sheriffs of the state to 13-37 maintain and to keep current such lists for public 13-38 information and inquiry. 13-39 (d) The commissioner shall make such rules and regulations 13-40 as necessary to enforce compliance with all state license 13-41 laws relating to the use and operation of a private 13-42 passenger car before issuing National Guard plates in lieu 13-43 of the regular Georgia license plates, and all 13-44 applications for such plates shall be made to the 13-45 commissioner. The commissioner is specifically authorized -13- (Index) LC 18 6641 14- 1 to make all rules and regulations necessary to make 14- 2 adequate provision for instances where such vehicles have 14- 3 been transferred or sold. Except as provided in subsection 14- 4 (b) of this Code section, such plates shall be 14- 5 nontransferable." SECTION 10. 14- 6 Said chapter is further amended by striking subsection (a) 14- 7 of Code Section 40-2-78, relating to special license plates 14- 8 for firefighters, in its entirety and inserting in lieu 14- 9 thereof the following: 14-10 "(a) Any resident motor vehicle owners who are 14-11 firefighters certified pursuant to Article 1 of Chapter 4 14-12 of Title 25 and who are members of fire departments 14-13 certified pursuant to Article 2 of Chapter 3 of Title 25 14-14 and motor vehicle owners who are certified firefighters of 14-15 legally organized volunteer fire departments which have 14-16 been certified pursuant to Article 2 of Chapter 3 of Title 14-17 25 may submit an application to the commissioner for a 14-18 special and distinctive vehicle license plate identifying 14-19 the owner as a certified firefighter for a private 14-20 passenger car or truck used for personal transportation. 14-21 The commissioner shall retain all applications for such 14-22 special firefighters' license plates until a minimum of 14-23 500 applications have been received. If the commissioner 14-24 does not receive the required minimum 500 applications no 14-25 later than July 31 of the year preceding the initial year 14-26 of issuance of such plates, no such special plates shall 14-27 be issued and all fees shall be refunded to applicants. 14-28 Such license plates shall be issued in compliance with the 14-29 state motor vehicle laws relating to registration and 14-30 licensing of motor vehicles as prescribed in Article 2 of 14-31 this chapter. No firefighter shall be entitled to more 14-32 than one special and distinctive motor vehicle license 14-33 plate. Such license plate shall be inscribed with such 14-34 letters, numbers, words, symbols, or a combination thereof 14-35 as determined by the commissioner to identify the owner as 14-36 a certified firefighter. The chiefs of the various fire 14-37 departments shall furnish to the commissioner each year 14-38 prior to the date that license plates are issued a list of 14-39 the certified firefighters of their fire departments who 14-40 reside in Georgia which list shall be updated as 14-41 necessary." -14- (Index) LC 18 6641 SECTION 11. 15- 1 Chapter 10 of Title 48 of the Official Code of Georgia 15- 2 Annotated, relating to motor vehicle license fees and 15- 3 plates, is amended by striking Code Section 48-10-8, 15- 4 relating to time of application and payment for license 15- 5 plate, in its entirety and inserting in lieu thereof the 15- 6 following: 15- 7 "48-10-8. (Index) 15- 8 Each person subject to a license fee as provided in this 15- 9 chapter shall apply for and obtain the required license 15-10 plate on or before May 1 of each year the expiration of 15-11 the owner's registration period each year. Payment for 15-12 the license plate shall be made to the commissioner, his a 15-13 duly authorized agent, or any other person specified by 15-14 law." SECTION 12. 15-15 This Act shall become effective on January 1, 1997. SECTION 13. 15-16 All laws and parts of laws in conflict with this Act are 15-17 repealed. -15- (Index)

Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97