HB 238 - Motor vehicles; statewide staggered registration
Georgia House of Representatives - 1995/1996 Sessions
HB 238 - Motor vehicles; statewide staggered registration
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8/ 9/ 10/ 11/ 12/ 13/ 14/ 15
1. Bannister 77th 2. Breedlove 85th 3. Johnson 84th
4. Dix 76th 5. Towery 30th 6. Mills 21st
House Comm: MotV / Senate Comm: /
House Vote: Yeas Nays Senate Vote: Yeas Nays
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House Action Senate
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1/13/95 Read 1st Time
1/23/95 Read 2nd Time
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Code Sections amended:
HB 238 LC 18 6538
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
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LC 18 6538
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:
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LC 18 6538
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
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LC 18 6538
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: (1) 'Name' means: (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 (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: (A) The month of January for an owner whose name
4-27 begins with the letter A, B, C, or D; (B) The month of February for an owner whose name
4-29 begins with the letter E, F, G, H, I, J, or K; (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 (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
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LC 18 6538
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. (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
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LC 18 6538
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. (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
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LC 18 6538
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
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LC 18 6538
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
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LC 18 6538
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
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LC 18 6538
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
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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
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LC 18 6538
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
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LC 18 6538
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
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LC 18 6538
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."
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LC 18 6538
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