|HB 130 - Dog and cat sterilization support program; provisions
First Reader Summary
A BILL to amend Title 4 of the Official Code of Georgia
Annotated, relating to animals, so as to provide that the
Department of Agriculture shall establish a dog and cat
sterilization support program, educational activities in support
thereof, and other animal protection and animal related programs
throughout the state; to establish and provide for the
expenditure of funds for such programs from a Dog and Cat
Sterilization Support Fund; and for other purposes.
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HB 130 LC 9 9831
A BILL TO BE ENTITLED
1- 1 To amend Title 4 of the Official Code of Georgia Annotated,
1- 2 relating to animals, so as to provide that the Department of
1- 3 Agriculture shall establish a dog and cat sterilization
1- 4 support program, educational activities in support thereof,
1- 5 and other animal protection and animal related programs
1- 6 throughout the state; to establish and provide for the
1- 7 expenditure of funds for such programs from a Dog and Cat
1- 8 Sterilization Support Fund; to provide for funding of such
1- 9 fund; to provide for administration of such fund; to provide
1-10 for reports relating to the expenditure of funds for the dog
1-11 and cat sterilization program; to provide for definitions;
1-12 to amend Article 2 of Chapter 2 of Title 40 of the Official
1-13 Code of Georgia Annotated, relating to registration and
1-14 licensing of motor vehicles generally, so as to authorize
1-15 the issuance of license plates promoting the dog and cat
1-16 sterilization support program of the Department of
1-17 Agriculture; to provide procedures for acquiring such
1-18 license plates; to provide for licensing agreements; to
1-19 provide for the cost of such license plates; to provide for
1-20 the transfer of such license plates; to provide for
1-21 subsequent editions; to provide for the disposition of the
1-22 funds derived from the sale of the special license plates;
1-23 to repeal conflicting laws; and for other purposes.
1-24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-25 SECTION 1.
1-26 Title 4 of the Official Code of Georgia Annotated, relating
1-27 to animals, is amended by adding, following Chapter 14, a
1-28 new Chapter 15 to read as follows:
1-30 As used in this chapter, the term:
1-31 (1) 'Commissioner' means the Commissioner of
2- 1 (2) 'Department' means the Department of Agriculture of
2- 2 this state.
2- 3 (3) 'Fund' means the Dog and Cat Sterilization Support
2- 4 Fund.
2- 5 4-15-2.
2- 6 (a) The Commissioner shall establish a dog and cat
2- 7 sterilization support program and educational activities
2- 8 in support thereof. To support such programs, he or she
2- 9 may expend, without limitation, the moneys derived from
2-10 the voluntary purchasing of dog and cat sterilization
2-11 support license plates pursuant to Code Section 40-2-49.1
2-12 which have been deposited in the fund and any voluntary
2-13 contributions received by the department for such purpose.
2-14 Funds may be expended in support of sterilization programs
2-15 authorized under Chapter 14 of this title.
2-16 (b) There is established a special fund to be known as the
2-17 'Dog and Cat Sterilization Support Fund.' This fund shall
2-18 consist of all moneys voluntarily contributed under Code
2-19 Section 40-2-49.1 and subsection (a) of this Code section
2-20 and all interest thereon. All balances in the fund shall
2-21 be deposited in an interest-bearing account identifying
2-22 the fund and shall be carried forward each year so that no
2-23 part thereof may be deposited in the general treasury.
2-24 The Commissioner shall administer the fund and may expend
2-25 moneys held in the fund in furtherance of dog and cat
2-26 sterilization programs, the animal protection program,
2-27 other related animal programs throughout the state, and
2-28 associated educational projects. Contributions to the fund
2-29 shall be deemed supplemental to and shall in no way
2-30 supplant funding that would otherwise be appropriated for
2-31 these purposes. The Commissioner shall prepare, by
2-32 September 1 of each year, an accounting of the funds
2-33 received and expended from the fund for the previous
2-34 fiscal year. The report shall be made available to the
2-35 Governor and members of the General Assembly and to
2-36 members of the public on request.
2-37 (c) The Commissioner is authorized to promulgate rules to
2-38 direct and administer the dog and cat sterilization
2-39 support program."
2-40 SECTION 2.
2-41 Article 2 of Chapter 2 of Title 40 of the Official Code of
2-42 Georgia Annotated, relating to registration and licensing of
3- 1 motor vehicles generally, is amended by adding, following
3- 2 Code Section 40-2-49, a new Code Section 40-2-49.1 to read
3- 3 as follows:
3- 4 "40-2-49.1.
3- 5 (a) In order to promote and financially benefit the dog
3- 6 and cat sterilization support and animal protection
3- 7 programs of the Georgia Department of Agriculture and
3- 8 other related animal programs throughout the state, there
3- 9 shall be issued beginning January 1, 2000, special license
3-10 plates promoting the dog and cat sterilization support
3-11 program and its primary funding source, the Dog and Cat
3-12 Sterilization Support Fund.
3-13 (b) The Department of Revenue shall design special
3-14 distinctive license plates appropriate to promote dog and
3-15 cat sterilization support programs. The dog and cat
3-16 sterilization support license plate must be of the same
3-17 size and general design of general issue motor vehicle
3-18 plates; such plates shall include a unique identifying
3-19 number, whereby the total characters do not exceed the sum
3-20 of six, provided that no two recipients receive identical
3-21 plates. Such design shall provide space in which to
3-22 indicate the name of the county of issuance.
3-23 (c) Notwithstanding the foregoing provisions of this Code
3-24 section, this Code section shall not be implemented until
3-25 such time as the State of Georgia has, through a licensing
3-26 agreement or otherwise, received such licenses or other
3-27 permissions as may be required to implement this Code
3-28 section. The design of the initial edition of the dog and
3-29 cat sterilization support license plate, as well as the
3-30 design of subsequent editions and excepting only any part
3-31 or parts of the designs owned by others and licensed to
3-32 the state, shall be owned solely by the State of Georgia
3-33 for its exclusive use and control, except as authorized by
3-34 the state revenue commissioner. The state revenue
3-35 commissioner may take such steps as may be necessary to
3-36 give notice of and protect such right, including the
3-37 copyright or copyrights. However, such steps shall be
3-38 cumulative of the ownership and exclusive use and control
3-39 established by this subsection as a matter of law, and no
3-40 person shall reproduce or otherwise use such design or
3-41 designs, except as authorized by the state revenue
4- 1 (d) Beginning in calendar year 2000, any Georgia resident
4- 2 who is the owner of a motor vehicle, except a vehicle
4- 3 registered under the international registration plan, upon
4- 4 complying with the motor vehicle laws relating to
4- 5 registration and licensing of motor vehicles and upon the
4- 6 payment of a fee of not more than $25.00 in addition to
4- 7 the regular motor vehicle registration fee, shall be
4- 8 issued a dog and cat sterilization support license plate.
4- 9 Revalidation decals shall, upon payment of a $15.00
4-10 renewal fee in addition to the fees required by law and
4-11 collected by the county tag agent and remitted to the
4-12 state as provided in Code Section 40-2-34, be issued for
4-13 dog and cat sterilization support license plates in the
4-14 same manner as provided for general issue license plates.
4-15 (e) The funds derived from the sale of dog and cat
4-16 sterilization support license plates, less a $1.00
4-17 processing fee which shall be granted to county tag
4-18 offices per plate sold, shall be deposited in the Dog and
4-19 Cat Sterilization Support Fund established by Code Section
4-20 4-15-2 and shall be expended only for the purposes
4-21 enumerated in subsection (b) of Code Section 4-15-2. The
4-22 funds derived from the sale of such license plates, less
4-23 the processing fees, shall be considered voluntary
4-24 payments by the purchasers of such license plates to the
4-25 Dog and Cat Sterilization support Fund administered by the
4-26 Department of Agriculture, and such funds are not state
4-27 revenues subject to Article VII, Section III, Paragraph II
4-28 of the Constitution.
4-29 (f) An applicant may request a dog and cat sterilization
4-30 support license plate any time during the applicant's
4-31 registration period. If such a license plate is to
4-32 replace a current valid license plate, the Department of
4-33 Revenue shall issue the dog and cat sterilization support
4-34 license plate with appropriate decals attached. When an
4-35 applicant requests a dog and cat sterilization support
4-36 license plate at the beginning of the registration period,
4-37 the applicant shall pay the tax together with all
4-38 applicable fees.
4-39 (g) Dog and cat sterilization support license plates shall
4-40 be transferred from one vehicle to another vehicle in
4-41 accordance with the provisions of Code Section 40-2-42.
4-42 (h) Dog and cat sterilization support license plates shall
4-43 be issued within 30 days of application."
5- 1 SECTION 3.
5- 2 All laws and parts of laws in conflict with this Act are
5- 3 repealed.
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 02/24/99