hb148_LC_28_4464_a_2.html
09 LC 28 4464
House Bill 148
By: Representatives Scott of the 153rd and Stephens of the 164th

A BILL TO BE ENTITLED
AN ACT


To fund the Georgia Trauma Trust Fund; to amend Article 5 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the Georgia Trauma Care Network Commission, so as to provide for certain reports; to provide for intent of the General Assembly with regard to certain funds for funding the Georgia Trauma Trust Fund; to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to impose a charge on certain motor vehicle registrations in this state which shall be transferred to the state treasury for the purpose of funding the Georgia Trauma Trust Fund; to provide for the collection of such charge; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 5 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to the Georgia Trauma Care Network Commission, is amended by revising Code Section 31-11-103, relating to the Georgia Trauma Trust Fund, as follows:
"31-11-103.
(a) There is established the Georgia Trauma Trust Fund. The executive director of the Georgia Trauma Care Network Commission shall serve as the trustee of the Georgia Trauma Trust Fund. The moneys deposited into such fund pursuant to this article may be expended by the executive director with the approval of the Georgia Trauma Care Network Commission for those purposes specified in Code Section 31-11-102.
(b)(1) As soon as practicable after the end of each fiscal year, the Office of Treasury and Fiscal Services shall report to the General Assembly, the Office of Planning and Budget, and the Georgia Trauma Care Network Commission the amount of funds received pursuant to subsection (b) of Code Section 40-2-153 from the trauma charge on passenger vehicle registrations.
(2) It is the intent of the General Assembly that, subject to appropriation, an amount equal to such proceeds received in any fiscal year shall be made available during the following fiscal year to the Georgia Trauma Trust Fund for use of the Georgia Trauma Care Network Commission for the purposes set forth in Code Section 31-11-102."

SECTION 2.
Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by revising Code Section 40-2-23, relating to county tax collectors and tax commissioners designated tag agents, as follows:
"40-2-23.
(a) The tax collectors of the various counties of this state and the tax commissioners of those counties in which the duties of the tax collector are performed by a tax commissioner shall be designated as tag agents of the commissioner for the purpose of accepting applications for the registration of vehicles. The commissioner is shall be authorized to promulgate rules and regulations for the purpose of delegating to such tag agents the custodial responsibility for properly receiving, processing, issuing, and storing motor vehicle titles or registrations, or both.
(b) The state revenue commissioner is shall be authorized to further designate each such tag agent as a sales tax agent for the purpose of collecting sales and use tax with respect to the casual sale or casual use of a motor vehicle. For purposes of this Code section, 'casual sale' or 'casual use' means the sale of a motor vehicle by a person who is not regularly or systematically engaged in making retail sales of motor vehicles and the first use, consumption, distribution, or storage for use or consumption of such motor vehicle purchased through a casual sale. As personal compensation for services rendered to the Department of Revenue with respect to the collection of such sales and use tax, each such designated tag agent shall be authorized to retain from such collection a fee of $200.00 per month. In any month in which an insufficient amount of such tax is collected to pay such fee, the amount of any such unpaid fee may be deferred until such month as sufficient collections are made. Such compensation shall be in addition to any other compensation to which such tax collector or tax commissioner is entitled.
(c) The state revenue commissioner shall be authorized to further designate each such tag agent as a sales tax agent for the purpose of collecting the trauma charge required by subsection (b) of Code Section 40-2-153.
(c)(d) The duties and responsibilities of agents of the commissioner designated under this Code section shall be a part of the official duties and responsibilities of the county tax collectors and tax commissioners."

SECTION 3.
Said chapter is further amended by revising Code Section 40-2-29, relating to license fee to accompany application, as follows:
"40-2-29.
An application for registration shall be accompanied by check; cash; certified or cashier's check; bank, postal, or express money order; or other similar bankable paper, for the amount of the license fee and other fees or charges required by law. A money order receipt or other evidence of the purchase and remittance of such bankable paper for the proper amount, dated prior to any delinquency by the proper authority of the issuer, and showing the office of the commissioner or the office of the county tag agent as the payee and the owner of the vehicle sought to be licensed and registered as the remitter shall serve as a temporary permit to operate such vehicle for a period of 15 days from the date of such remittance."

SECTION 4.
Said chapter is further amended by revising Code Section 40-2-30, relating to purchase by mail, as follows:
"40-2-30.
An applicant may purchase a vehicle license plate or revalidation decal by mail, by mailing a properly completed application form to the tag agent of the county of his the applicant's residence along with a money order in the amount of the license fee, all other fees or charges required by law, and all ad valorem taxes due thereon plus an additional fee of $1.00. The governing authority of the county may by resolution authorize the tag agent of the county to receive application and payment for the purchase of a license plate or revalidation decal by mail without charging the additional $1.00 fee."

SECTION 5.
Said chapter is further amended by revising paragraph (1) of subsection (a) of Code Section 40-2-33, relating to issuance of license plates, as follows:
"(a)(1) Upon compliance with the provisions of this chapter and the payment of the license fee and other fees or charges required by law, the tag agent shall accept the application for registration and, except as otherwise provided for in this chapter, if the license plate or revalidation decal applied for is in such tag agent's inventory, he or she shall issue the appropriate plate or revalidation decal."

SECTION 6.
Said chapter is further amended by revising Code Section 40-2-153, which is reserved, as follows:
"40-2-153.
(a) As used in this Code section, the term 'passenger vehicle' means every motor vehicle designed to carry ten or fewer passengers and that is used for the transportation of persons and shall include pickup trucks, motorcycles, sport utility vehicles, and passenger vans.
(b) There shall be imposed a trauma charge of $10.00 per year on each passenger vehicle licensed and registered in this state. Such trauma charge shall be collected in the same manner and at the same time as the license fee required by this chapter is collected and prior to the issuance of a license plate or revalidation decal for such passenger vehicle. This Code section shall not apply to vehicles owned by the state or its departments, agencies, or authorities or by any political subdivision of the state. Such charge shall be remitted to the state treasury for the purpose of funding the Georgia Trauma Trust Fund Reserved."

SECTION 7.
This Act shall become effective on January 1, 2010.

SECTION 8.
All laws and parts of laws in conflict with this Act are repealed.