Legislation Clerk's Office Members Committees Meetings Home Senate
HB 130 - Dog and cat sterilization support program; provisions
James, Lynmore (140th) Tillman, Eugene C (173rd)
Status Summary HC: Ag SC: FR: 01/15/99 LA: 01/25/99 H - Read 2nd Time

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.

Page Numbers: 1 2 3 4 5
Code Sections - 4-15-1/ 4-15-2/ 40-2-49.1

House Action Senate
1/15/99 Read 1st Time
1/25/99 Read 2nd Time
Version by LC Number
LC 9 9831 As Introduced

HB 130                                              LC 9 9831 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  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: 
 
 
 
  1-29    4-15-1. 
 
  1-30    As used in this chapter, the term: 
 
  1-31      (1) 'Commissioner' means the Commissioner of 
  1-32      Agriculture. 
 
 
 
                                 -1- 
 
 
 
  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 
 
 
 
                                 -2- 
 
 
 
  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 
  3-42    commissioner. 
 
 
 
 
                                 -3- 
 
 
 
  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." 
 
 
 
                                 -4- 
 
 
 
  5- 1                           SECTION 3. 
 
  5- 2  All laws and parts of laws in conflict with this Act are 
  5- 3  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -5- 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 02/24/99