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SB 349 - Special License Plates - mili- tary reservists

Crotts, Mike D (17th)	Harbison, Ed (15th)	Price, Thomas E (56th)

Status Summary	SC:	V&CA	HC:	D&VA	FR:	01/25/00	LA:	04/27/00	Signed by Governor

First Reader Summary

A bill to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special license plates, so as to change the provisions relating to special license plates for military reservists and provide for identifying the branches of the reserve and for retired reservists; to change the provisions relating to proof of eligibility for certain members and retired members of the National Guard; to repeal conflicting laws; and for other purposes.

Code Sections - 40-2-65/ 40-2-84

SB 349 00                                            SB349/AP 
 
      SENATE BILL 349 
 
      By:  Senators Crotts of the 17th, Harbison of the 15th, 
           Price of the 56th and others 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 3 of Chapter 2 of Title 40 of the Official 
  1- 2  Code of Georgia Annotated, relating to special license 
  1- 3  plates, so as to change the provisions relating to special 
  1- 4  license plates for military reservists and provide for 
  1- 5  identifying the branches of the reserve and for retired 
  1- 6  reservists; to change the provisions relating to proof of 
  1- 7  eligibility for certain members and retired members of the 
  1- 8  National Guard; to change certain provisions relating to 
  1- 9  license plates for veterans awarded the Purple Heart; to 
  1-10  provide for an effective date; to repeal conflicting laws; 
  1-11  and for other purposes. 
 
  1-12       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-13                           SECTION 1. 
 
  1-14  Article 3 of Chapter 2 of Title 40 of the Official Code of 
  1-15  Georgia Annotated, relating to special license plates, is 
  1-16  amended by striking Code Section 40-2-65, relating to 
  1-17  special license plates for military reservists, and 
  1-18  inserting in its place the following: 
 
  1-19    "40-2-65. 
 
  1-20      (a)(1) Motor vehicle owners who are assigned or attached 
  1-21      members of troop program units of any branch of the 
  1-22      active reserve components of the United States inside or 
  1-23      outside the State of Georgia shall be eligible to 
  1-24      receive free motor vehicle license plates for private 
  1-25      passenger cars, motorcycles, or trucks used for personal 
  1-26      transportation.  Motor vehicle owners who are members of 
  1-27      any National Guard unit in a state adjoining the State 
  1-28      of Georgia and for whom there is no National Guard unit 
  1-29      in the county of their residence shall be eligible to 
  1-30      receive free motor vehicle plates for private passenger 
  1-31      cars,  motorcycles or trucks used for personal 
  1-32      transportation to identify such vehicle owner as a 
  1-33      reservist.  Such license plates shall be issued in 
  1-34      compliance with the state motor vehicle laws relating to 
 
 
 
                                 -1- 
 
 
 
  2- 1      registration and licensing of motor vehicles as 
  2- 2      prescribed in Article 2 of this chapter.  No person 
  2- 3      shall be entitled to more than one free motor vehicle 
  2- 4      license plate for any calendar year; provided, however, 
  2- 5      that, upon payment of the regular license fee provided 
  2- 6      for in Code Section 48-10-2 and a manufacturing fee of 
  2- 7      $25.00, a reservist shall be entitled to receive one 
  2- 8      additional such license plate.  For each additional 
  2- 9      license plate for which an initial $25.00 fee was 
  2-10      required, there shall be an additional annual 
  2-11      registration fee of $25.00, which fee shall be collected 
  2-12      by the county tag agent at the time of collection of 
  2-13      other registration fees and shall be remitted to the 
  2-14      state as provided in Code Section 40-2-34.  Additional 
  2-15      words or symbols in addition to numbers and letters 
  2-16      prescribed by law shall be inscribed upon such license 
  2-17      plates so as to identify distinctively the owner as a 
  2-18      member of one of the following branches of the 'United 
  2-19      States military reserve.':  Army, Navy, Marines, Air 
  2-20      Force, or Coast Guard.  The major commanders of each 
  2-21      active reserve component program shall furnish to the 
  2-22      commissioner a list of the members of their command 
  2-23      assigned or attached to troop program units who reside 
  2-24      in Georgia.  The adjutant general of each neighboring 
  2-25      state shall furnish to the commissioner a list of the 
  2-26      members of that state's National Guard unit who reside 
  2-27      in Georgia.  The lists of reservists and guardsmen 
  2-28      required under this subsection shall be updated as 
  2-29      necessary throughout the calendar year.  The commanding 
  2-30      officer of each active reserve component program unit or 
  2-31      the adjutant general of the National Guard unit of each 
  2-32      neighboring state shall, upon request of any reserve 
  2-33      member or National Guard member of that unit, 
  2-34      respectively, furnish to that member approved 
  2-35      documentation supporting the member's current membership 
  2-36      in the respective reserve or National Guard unit.  This 
  2-37      documentation shall be presented annually to the tax 
  2-38      commissioner of the county in which the reserve member 
  2-39      or National Guard member applies for the special license 
  2-40      plate under this Code section and upon subsequent 
  2-41      reregistration for each succeeding year. 
 
  2-42      (2) Motor vehicle owners who are retired from any branch 
  2-43      of the active reserve components whose active reservists 
  2-44      are eligible to obtain free motor vehicle license plates 
  2-45      under paragraph (1) of this subsection, upon application 
 
 
 
                                 -2- 
 
 
 
  3- 1      for license plates and upon compliance with the state 
  3- 2      motor vehicle laws relating to registration and 
  3- 3      licensing of motor vehicles as prescribed under Article 
  3- 4      2 of this chapter, shall be issued, free of charge, a 
  3- 5      license plate as prescribed in that article for private 
  3- 6      passenger cars, motorcycles or trucks used for personal 
  3- 7      transportation.  Each such retired member shall be 
  3- 8      entitled to no more than one such free plate for any 
  3- 9      calendar year; provided, however, that, upon payment of 
  3-10      the regular license fee provided for in Code Section 
  3-11      48-10-2 and a manufacturing fee of $25.00, a retired 
  3-12      member shall be entitled to receive one additional such 
  3-13      license plate.  For each additional license plate for 
  3-14      which an initial $25.00 fee was required, there shall be 
  3-15      an additional annual registration fee of $25.00, which 
  3-16      fee shall be collected by the county tag agent at the 
  3-17      time of collection of other registration fees and shall 
  3-18      be remitted to the state as provided in Code Section 
  3-19      40-2-34.  The license plates issued pursuant to this 
  3-20      paragraph shall, in addition to the numbers and letters 
  3-21      prescribed by law, be identical to those issued pursuant 
  3-22      to paragraph (1) of this subsection to members of the 
  3-23      branch of the active reserve component from which that 
  3-24      person retired.  The commanding officer of each active 
  3-25      reserve component program unit shall, upon request of 
  3-26      any retired reserve member from that unit, furnish to 
  3-27      that retired member approved documentation supporting 
  3-28      the retired member's current retired membership status 
  3-29      from that reserve unit.  This documentation shall be 
  3-30      presented annually to the tax commissioner of the county 
  3-31      in which the retired reserve member applies for the 
  3-32      special license plate under this Code section and upon 
  3-33      subsequent reregistration for each succeeding year. 
 
  3-34      (b)(1) Upon transfer of the ownership of a private 
  3-35      passenger vehicle upon which there is a license plate 
  3-36      distinctively identifying the owner thereof as a member 
  3-37      of one of the components of the 'United States military 
  3-38      reserve', whether the owner is an active or retired 
  3-39      reservist, and acquisition by the reservist of another 
  3-40      motor vehicle, the license plate issued pursuant to this 
  3-41      Code section shall be placed on such newly acquired 
  3-42      motor vehicle, and such reservist shall notify the 
  3-43      commissioner of such transfer of the license plate to 
  3-44      such newly acquired motor vehicle in such manner as the 
  3-45      commissioner may prescribe by regulation.  No transfer 
 
 
 
                                 -3- 
 
 
 
  4- 1      or cancellation fee shall be charged for the transfer of 
  4- 2      free reservist license plates.  There shall be a 
  4- 3      transfer and cancellation fee of $5.00 for the transfer 
  4- 4      of any other reservist license plate. 
 
  4- 5      (2) Should an active reservist who has been issued a 
  4- 6      license plate or license plates be discharged or 
  4- 7      otherwise separated, except by retirement, from his or 
  4- 8      her reserve unit, the immediate commanding officer of 
  4- 9      such active reservist shall obtain the discharged 
  4-10      member's license plate or license plates at the time of 
  4-11      the discharge and shall forward same to the commissioner 
  4-12      along with a certificate to the effect that such person 
  4-13      has been discharged, and thereupon the commissioner 
  4-14      shall issue a regular license plate, at no additional 
  4-15      charge, to such former reservist to replace the 
  4-16      reservist plate or plates.  Should an active reservist 
  4-17      enlist or be commissioned after purchasing a regular 
  4-18      license plate for his or her current registration 
  4-19      period, the commanding officer of the unit in which such 
  4-20      person enlists or is commissioned shall likewise secure 
  4-21      the regular license plate of such person and return same 
  4-22      to the commissioner, along with a certificate to the 
  4-23      effect that such person has been enlisted or 
  4-24      commissioned in a troop program unit of the reserve 
  4-25      components, and the effective date thereof, whereupon 
  4-26      the commissioner shall issue a reservist license plate, 
  4-27      at no extra charge, to such new member to replace the 
  4-28      returned regular plate.  Upon such request for a change 
  4-29      in plate for a discharged reservist or a newly enlisted 
  4-30      reservist, the commanding officer shall furnish such 
  4-31      member with a copy of the commanding officer's letter to 
  4-32      the commissioner requesting the appropriate change in 
  4-33      plate, which copy of such letter may be used by such 
  4-34      member pending the issuance of the new plate. 
 
  4-35    (c) The commissioner shall promulgate such rules and 
  4-36    regulations as may be necessary to enforce compliance with 
  4-37    all state license laws relating to the use and operation 
  4-38    of private passenger cars, motorcycles and trucks before 
  4-39    issuing these plates in lieu of the regular Georgia 
  4-40    license plates, and all applications for such plates shall 
  4-41    be made to the commissioner.  The commissioner is 
  4-42    specifically authorized to promulgate all rules and 
  4-43    regulations necessary to ensure compliance in instances 
  4-44    where such vehicles have been transferred or sold. Except 
 
 
 
                                 -4- 
 
 
 
  5- 1    as provided in subsection (b) of this Code section, such 
  5- 2    plates shall be nontransferable." 
 
  5- 3                           SECTION 2. 
 
  5- 4  Said article is further amended by striking subsection (a) 
  5- 5  of Code Section 40-2-66, relating to special National Guard 
  5- 6  license plates, and inserting in its place the following: 
 
  5- 7      "(a)(1) Motor vehicle owners who are members of the 
  5- 8      Georgia National Guard, upon application for license 
  5- 9      plates and upon compliance with the state motor vehicle 
  5-10      laws relating to registration and licensing of motor 
  5-11      vehicles as prescribed under Article 2 of this chapter, 
  5-12      shall be issued, free of charge, a license plate, as 
  5-13      prescribed in that article for private passenger cars, 
  5-14      motorcycles or trucks used for personal transportation. 
  5-15      Each member of the Georgia National Guard shall be 
  5-16      entitled to no more than one such free plate at a time; 
  5-17      provided, however, that, upon payment of the regular 
  5-18      license fee provided for in Code Section 48-10-2 and a 
  5-19      manufacturing fee of $25.00, a member shall be entitled 
  5-20      to one additional such license plate. For each 
  5-21      additional license plate for which an initial $25.00 fee 
  5-22      was required, there shall be an additional annual 
  5-23      registration fee of $25.00 which fee shall be collected 
  5-24      by the county tag agent at the time of collection of 
  5-25      other registration fees and shall be remitted to the 
  5-26      state as provided in Code Section 40-2-34.  Additional 
  5-27      words or symbols, in addition to the numbers and letters 
  5-28      prescribed by law, shall be inscribed upon such license 
  5-29      plates so as to identify distinctively the owner as a 
  5-30      member of the Georgia National Guard.  The adjutant 
  5-31      general of Georgia shall furnish to the commissioner a 
  5-32      list of the members of the Georgia National Guard which 
  5-33      list shall be updated throughout the year as necessary. 
  5-34      The adjutant general of Georgia shall, upon request of 
  5-35      any member of that National Guard unit, furnish to that 
  5-36      member approved documentation supporting the member's 
  5-37      current membership in that National Guard unit.  This 
  5-38      documentation shall be presented annually to the tax 
  5-39      commissioner of the county in which the National Guard 
  5-40      member applies for the special license plate under this 
  5-41      Code section and upon subsequent reregistration for each 
  5-42      succeeding year. 
 
  5-43      (2) Motor vehicle owners who are retired members of the 
  5-44      Georgia National Guard, upon application for license 
 
 
                                 -5- 
 
 
 
  6- 1      plates and upon compliance with the state motor vehicle 
  6- 2      laws relating to registration and licensing of motor 
  6- 3      vehicles as prescribed under Article 2 of this chapter, 
  6- 4      shall be issued, free of charge, a license plate as 
  6- 5      prescribed in that article for private passenger cars, 
  6- 6      motorcycle or trucks used for personal transportation. 
  6- 7      Each retired member of the Georgia National Guard shall 
  6- 8      be entitled to no more than one such free plate at a 
  6- 9      time; provided, however, that, upon payment of the 
  6-10      regular license fee provided for in Code Section 48-10-2 
  6-11      and a manufacturing fee of $25.00, a member shall be 
  6-12      entitled to one additional such license plate.  For each 
  6-13      additional license plate for which an initial $25.00 fee 
  6-14      was required, there shall be an additional annual 
  6-15      registration fee of $25.00 which fee shall be collected 
  6-16      by the county tag agent at the time of collection of 
  6-17      other registration fees and shall be remitted to the 
  6-18      state as provided in Code Section 40-2-34.  The license 
  6-19      plates issued pursuant to this paragraph shall, in 
  6-20      addition to the numbers and letters prescribed by law, 
  6-21      be identical to those issued pursuant to paragraph (1) 
  6-22      of this subsection.  The adjutant general of Georgia 
  6-23      shall furnish to the commissioner a list of the retired 
  6-24      members of the Georgia National Guard which list shall 
  6-25      be updated as necessary throughout the year.  The 
  6-26      adjutant general of Georgia shall, upon request of any 
  6-27      member retired from that National Guard unit, furnish to 
  6-28      that retired member approved documentation supporting 
  6-29      the member's retired membership status in that National 
  6-30      Guard unit.  This documentation shall be presented 
  6-31      annually to the tax commissioner of the county in which 
  6-32      the retired National Guard member applies for the 
  6-33      special license plate under this Code section and upon 
  6-34      subsequent reregistration for each succeeding year." 
 
  6-35                           SECTION 3. 
 
  6-36  Said article is further amended by striking Code Section 
  6-37  40-2-84, relating to license plates for veterans awarded the 
  6-38  Purple Heart, and inserting in lieu thereof the following: 
 
  6-39    "40-2-84. 
 
  6-40    (a) Motor vehicle or boat trailer owners who are veterans 
  6-41    of the armed forces of the United States who have been 
  6-42    awarded the Purple Heart citation shall be eligible to 
  6-43    receive a special and distinctive vehicle license plate 
  6-44    for a private passenger car or truck used for personal 
 
 
                                 -6- 
 
 
 
  7- 1    transportation or for a boat trailer, provided that the 
  7- 2    requisite number of applications are received by the 
  7- 3    commissioner as provided in subsection (b) of this Code 
  7- 4    section.  Such license plate shall be issued in compliance 
  7- 5    with the state motor vehicle laws relating to registration 
  7- 6    and licensing of motor vehicles as prescribed in Article 2 
  7- 7    of this chapter. 
 
  7- 8    (b) A veteran who qualifies for the special and 
  7- 9    distinctive license plate pursuant to subsection (a) of 
  7-10    this Code section shall make application therefor with the 
  7-11    commissioner and include the requisite fee.  Said 
  7-12    applicant may apply for and be limited to not more than 
  7-13    one free license plate at a time; provided, however, that 
  7-14    upon payment of the regular license fee provided for in 
  7-15    Code Section 48-10-2 and payment of the manufacturing fee 
  7-16    provided for in this Code section, a veteran may obtain an 
  7-17    additional such license plate.  The commissioner shall 
  7-18    retain all applications received for such special and 
  7-19    distinctive license plate until a minimum of 250 
  7-20    applications have been received. After receipt of 250 
  7-21    applications for such distinctive license plate, the 
  7-22    commissioner shall design a distinctive license plate as 
  7-23    provided in subsection (c) of this Code section and issue 
  7-24    the distinctive license plates to present and future 
  7-25    qualifying applicants.  If the commissioner does not 
  7-26    receive the required minimum 250 applications no later 
  7-27    than July 31 of the year preceding the year of issuance of 
  7-28    such plates, the commissioner shall not accept any 
  7-29    applications for nor issue such distinctive license plates 
  7-30    and all fees shall be refunded to applicants.  The 
  7-31    commissioner shall promulgate such rules and regulations 
  7-32    as may be necessary to enforce compliance with all state 
  7-33    license laws relating to the use and operation of private 
  7-34    passenger cars and trucks and boat trailers before issuing 
  7-35    these license plates in lieu of the regular Georgia 
  7-36    license plates.  The manufacturing fee for each additional 
  7-37    special and distinctive license plate shall be $25.00. 
  7-38    The commissioner is specifically authorized to promulgate 
  7-39    all rules and regulations necessary to ensure compliance 
  7-40    in instances where such vehicles have been transferred or 
  7-41    sold. Except as provided in subsection (d) of this Code 
  7-42    section, such plates shall be nontransferable. 
 
  7-43    (c) The special and distinctive vehicle license plates 
  7-44    shall be as prescribed in Article 2 of this chapter for 
  7-45    private passenger cars or trucks used for personal 
 
 
                                 -7- 
 
 
 
  8- 1    transportation or for boat trailers.  Additional words or 
  8- 2    symbols, in addition to the numbers and letters prescribed 
  8- 3    by law, shall be inscribed upon such license plates so as 
  8- 4    to identify distinctively the owner as a Purple Heart 
  8- 5    recipient. 
 
  8- 6    (d) The license plate issued pursuant to this Code section 
  8- 7    shall be transferred between vehicles as provided in Code 
  8- 8    Section 40-2-80.  The spouse of a deceased veteran of the 
  8- 9    armed forces of the United States who was awarded the 
  8-10    Purple Heart citation shall continue to be eligible to be 
  8-11    issued a distinctive personalized license plate as 
  8-12    provided in this Code section for any vehicle owned by 
  8-13    such veteran ownership of which is transferred to the 
  8-14    surviving spouse or for any other vehicle owned by such 
  8-15    surviving spouse either at the time of the qualifying 
  8-16    veteran's death or acquired thereafter, so long as such 
  8-17    person does not remarry. 
 
  8-18    (e) For each additional special license plate issued under 
  8-19    this Code section there shall be an additional $25.00 
  8-20    annual registration fee which fee shall be collected by 
  8-21    the county tag agent at the time of collection of other 
  8-22    registration fees and shall be remitted to the state as 
  8-23    provided in Code Section 40-2-34." 
 
  8-24                           SECTION 4. 
 
  8-25  This Act shall become effective on January 1, 2001. 
 
  8-26                           SECTION 5. 
 
  8-27  All laws and parts of laws in conflict with this Act are 
  8-28  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -8-