Senate Bill 384
By: Senators Hatchett of the 50th, Goodman of the 8th, Burns of the 23rd, Echols of the 49th,
Williams of the 25th and others
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To amend Article 2 of Chapter 9 of Title 12 and Title 40 of the Official Code of Georgia
Annotated, relating to motor vehicle emission inspection and maintenance and motor
vehicles and traffic, respectively, so as to provide for an optional five-year motor vehicle
registration and revalidation for certain motor vehicles; to provide for the submission of
certificates of emission inspection for such five-year motor vehicle registrations; to authorize
electronic notice in certain instances; to prohibit credits or refunds of registration fees; to
provide for fees for five-year registration decals for prestige and specialty license plates; to
provide for the submission of certificates of emission inspections to the Department of
Revenue; to authorize the adoption of rules and regulations; to revise and provide for
definitions; to provide for conforming changes; to provide for related matters; to provide for
an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to
motor vehicle emission inspection and maintenance, is amended in Code Section 12-9-45,
relating to certificate of emission inspection, by revising subsection (b) as follows:
"(b) A certificate of emission inspection shall be valid for one inspection term. The owner
of each responsible motor vehicle subject to subsection (a) of this Code section is required
to obtain a new certificate of emission inspection on or before the date the current
certificate of emission inspection expires or prior to the <del>vehicle registration date</del> <ins>conclusion
of the registration period, as such term is defined in Code Section 40-2-21,</ins> in the year
following the expiration of the certificate, as determined by the board."
SECTION 2.
Said article is further amended in Code Section 12-9-51, relating to emission inspection
required for motor vehicle registration, operation without registration, and improper reuse,
by revising subsection (a) as follows:
"(a) Beginning July 1, 1992, it shall be unlawful for any county to and no county shall
register any responsible motor vehicle subject to any requirement under Code Section
12-9-45 pursuant to or subject to the requirements of Chapter 2 of Title 40 without proof
of a valid certificate of emission inspection issued pursuant to Code Section 12-9-48
indicating that such responsible motor vehicle satisfied all applicable requirements of Code
<del>Section</del> <ins>Sections</ins> 12-9-45 and <del>Code Section</del> 12-9-48. In applying for a motor vehicle
registration for a responsible motor vehicle subject to any requirement under Code Section
12-9-45, the application shall be accompanied by proof of the issuance of a certificate of
emission inspection issued pursuant to Code Section 12-9-48. <ins>A valid certificate of
emission inspection shall be submitted during each inspection term of a five-year motor
vehicle registration.</ins> Any county which registers any responsible motor vehicle without
proof of a certificate of emission inspection <ins>or fails to suspend a five-year registration of
a responsible motor vehicle without proof of a certificate of emission inspection during an
inspection term</ins> shall be in violation of this article."
SECTION 3.
Said article is further amended in Code Section 12-9-55, relating to prohibited acts,
registration of vehicle by county without proof of inspection, penalty, and withholding of
funding, by revising subsection (i) as follows:
"(i) If it is determined that any county has registered responsible motor vehicles <ins>or failed
to suspend a five-year registration of responsible motor vehicles</ins> without receiving proof
from the owners that the responsible motor vehicles satisfy all applicable requirements of
Code Sections 12-9-45 and 12-9-48, the director shall notify the commissioner of
transportation that such an unlawful act has occurred. Upon such notification, the State
Transportation Board may at its discretion withhold Department of Transportation funding
assistance from any such county."
SECTION 4.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is
amended in Code Section 40-1-9, relating to electronic notifications and communications by
Department of Revenue, by adding a new subsection to read as follows:
<ins>"(b.1)(1) Notice required by the department upon an owner for failure to comply with
emission inspection certification requirements pursuant to Code Section 40-2-137 shall
be satisfied by electronic means when:
(A) The owner has elected to register his or her vehicle for a term of five years; and
(B) The department provides notifications and communications electronically to the
owner 30 days, 20 days, and ten days prior to the date of any suspension.
(2) The department shall provide for notice of the use of electronic notifications and
communications authorized by this subsection at the time of registration and in a
statement which reads:
'BY ELECTING A FIVE-YEAR VEHICLE REGISTRATION, YOU AGREE TO
RECEIVE ELECTRONIC NOTIFICATIONS AND COMMUNICATIONS
</ins>
<ins>RELATING TO FAILURE TO SUBMIT REQUIRED EMISSIONS INSPECTION
CERTIFICATION AND ANY POSSIBLE MOTOR VEHICLE SUSPENSION THAT
MAY RESULT FROM SUCH FAILURE.'"
</ins> SECTION 5.
Said title is further amended in Code Section 40-2-1, relating to definitions relative to
registration and licensing of motor vehicles, by adding a new paragraph to read as follows:
<ins>"(3.3) 'Eligible motor vehicle' means a motor vehicle for which required state and local
ad valorem taxes have been paid in accordance with the alternative ad valorem tax set
forth Code Section 48-5C-1. Such term shall not include a commercial motor vehicle or
an alternative fueled vehicle, as such term is defined in paragraph (7) of subsection (l) of
Code Section 40-2-86.1."
</ins> SECTION 6.
Said title is further amended by adding a new Code section to read as follows:
<ins>"40-2-10.1.
In no case shall an owner be entitled to a credit or refund for any payment of fees for a
registration issued under this chapter upon the cancellation, termination, transfer,
suspension, or revocation of such registration or upon the removal of a license plate for any
other reason from a vehicle registered in this state."
</ins> SECTION 7.
Said title is further amended by revising Code Section 40-2-20, relating to registration and
license requirements, certificate of registration and temporary operating permit, and two-year
registration option for new motor vehicles, as follows:
"40-2-20.
(a)(1)(A) Except as <del>provided in subsections (b) and (d) of</del> otherwise provided in this
Code section and subsection (a) of Code Section 40-2-47, every owner of a motor
vehicle, including a tractor or motorcycle, and every owner of a trailer shall, during the
owner's registration period <del>in each year,</del> register such vehicle as provided in this chapter
and obtain a license plate or revalidation decal to operate it <del>for the 12 month period
</del> until such person's next registration period.
(B)(i) The purchaser or other transferee owner of every new or used motor vehicle,
including tractors and motorcycles, or trailer shall register such vehicle as provided
in Code Section 40-2-8 and obtain or transfer as provided in this chapter a license to
operate it for the period remaining until such person's next registration period which
immediately follows such initial registration period, without regard to whether such
next registration period occurs in the same calendar year as the initial registration
period or how soon such next registration period follows the initial registration period;
provided, however, that this registration and licensing requirement does not apply to
a dealer which acquires a new or used motor vehicle and holds it for resale. <del>The
commissioner may provide by rule or regulation for one 30 day extension of such
initial registration period which may be granted by the county tag agent if the
transferor has not provided such purchaser or other transferee owner with a title to the
motor vehicle more than five business days prior to the expiration of such initial
registration period. The county tag agent shall grant an extension of the initial
registration period when the transferor, purchaser, or transferee can demonstrate by
affidavit in a form provided by the commissioner that title has not been provided to
the purchaser or transferee due to the failure of a security interest or lienholder to
timely release a security interest or lien in accordance with Code Section 40-3-56.
</del> (ii) No person, company, or corporation, including, but not limited to, used motor
vehicle dealers and auto auctions, shall sell or transfer a motor vehicle without
providing to the purchaser or transferee of such motor vehicle the last certificate of
registration on such vehicle at the time of such sale or transfer; provided, however,
that, in the case of a salvage motor vehicle or a motor vehicle which is stolen but
subsequently recovered by the insurance company after payment of a total loss claim,
the salvage dealer or insurer, respectively, shall not be required to provide the
certificate of registration for such vehicle; and provided, further, that in the case of a
repossessed motor vehicle or a court ordered sale or other involuntary transfer, the
lienholder or the transferor shall not be required to provide the certificate of
registration for such vehicle but shall, prior to the sale of such vehicle, surrender the
license plate of such vehicle to the commissioner or the county tag agent by personal
delivery or by certified mail or statutory overnight delivery for cancellation.
<del>(C) Upon application for renewal of a vehicle registration, the county tag agent may
issue a temporary operating permit for any vehicle that fails to comply with applicable
federal emission standards, provided that the owner of such vehicle has provided
verification of the existence of minimum motor vehicle liability insurance coverage and
paid all applicable taxes, penalties, insurance lapse fees, and fees other than the
registration fee. Such temporary operating permit shall be valid for 30 days and shall
not be renewable.
</del> (2) An application for the registration of a motor vehicle may not be submitted separately
from the application for a certificate of title for such motor vehicle, unless a certificate
of title has been issued in the owner's name, <ins>such title</ins> has been applied for in the owner's
name, or the motor vehicle is not required to be titled. An application for a certificate of
title for a motor vehicle may be submitted separately from the application for the
registration of such motor vehicle.
(b) Subsection (a) of this Code section shall not apply:
(1) To any motor vehicle or trailer owned by the state or any municipality or other
political subdivision of this state except to the extent provided by Code Section 40-2-37;
(2) To any tractor or three-wheeled motorcycle used only for agricultural purposes;
<del>(2.1)(3)</del> To any vehicle or equipment used for transporting cargo or containers between
and within wharves, storage areas, or terminals within the facilities of any port under the
jurisdiction of the Georgia Ports Authority when such vehicle or equipment is being
operated upon any public road not part of The Dwight D. Eisenhower System of
Interstate and Defense Highways by the owner thereof or his or her agent within a radius
of ten miles of the port facility of origin and accompanied by an escort vehicle equipped
with one or more operating amber flashing lights that are visible from a distance of 500
feet;
<del>(3)(4)</del> To any trailer which has no springs and which is being employed in hauling
unprocessed farm products to their first market destination;
<del>(4)(5)</del> To any trailer which has no springs, which is pulled from a tongue, and which is
used primarily to transport fertilizer to a farm;
<del>(5)(6)</del> To any electric powered personal transportation vehicle;
<del>(6)(7)</del> To any moped; or
<del>(7)(8)</del> To any golf car.
<del>(c) Any person who fails to register a new or used motor vehicle as required in subsection
(a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof,
shall be punished by a fine not exceeding $100.00.
(d) Upon the payment of the requisite fee, the purchaser of a new motor vehicle which is
a passenger car, for which such purchaser has paid state and local title ad valorem taxes,
may choose to register such passenger car for an initial period of two years instead of the
annual registration provided for in this Code section, provided that the motor vehicle owner
does not elect a prestige or special license plate. Thereafter, such passenger car shall be
subject to the annual registration requirements of this Code section.
</del> <ins>(c) On and after July 1, 2027, an owner of an eligible motor vehicle who has complied
with all other requirements of this chapter shall be authorized to register or renew a
</ins>
<ins>registration for such eligible vehicle annually or for a period of five years. In addition to
the applicable license fee set forth in Code Section 40-2-151, an owner of an eligible motor
vehicle with a prestige or special license plate shall pay any applicable registration renewal
fees for such license plate. Any owner of an eligible motor vehicle who elects a five-year
registration and revalidation decal shall not be relieved of any applicable emission
inspection certification requirements under Article 2 of Chapter 9 of Title 12.
(d) Upon application for renewal of a motor vehicle registration, the county tag agent shall
be authorized to issue a temporary operating permit for any vehicle that fails to comply
with emission inspection certification requirements under Article 2 of Chapter 9 of
Title 12, provided that the owner of such vehicle has provided verification of the existence
of minimum motor vehicle liability insurance coverage and paid all applicable taxes,
penalties, insurance lapse fees, and fees other than the registration fee. Such temporary
operating permit shall be valid for 30 days and shall not be renewable.
(e) The commissioner shall be authorized to promulgate such rules and regulations as may
be necessary to effectuate the purposes of this Code section and the issuance of five-year
registrations and revalidation decals."
</ins> SECTION 8.
Said title is further amended in Code Section 40-2-21, relating to registration periods, by
adding a new paragraph to subsection (a) and revising subsection (b) as follows:
<ins>"(.01) 'Eligible motor vehicle registration term' means every fifth registration period for
an owner of an eligible motor vehicle who elects a five-year revalidation decal option."
</ins> "(b) The owner of every vehicle registered in the previous calendar year shall <del>register
</del> <ins>renew such registration</ins> and obtain a license to operate such vehicle <ins>with a revalidation
decal</ins> not later than the last day of the owner's registration period <ins>for an annual motor
vehicle registration or the last day of an eligible motor vehicle registration term for a
five-year motor vehicle registration."
</ins>
SECTION 9.
Said title is further amended in Code Section 40-2-34, relating to reports and remittances by
tag agents, by adding a new subsection to read as follows:
<ins>"(g) The commissioner shall be authorized to promulgate such rules and regulations as may
be necessary to effectuate the purposes of this Code section and the distribution of funds
relating to the issuance and renewal of annual and five-year motor vehicle registrations and
the disbursement of funds relating to any special license plates issued by the department."
</ins> SECTION 10.
Said title is further amended in Code Section 40-2-42, relating to transfer of license plates
and revalidation decals, by revising subsection (b) as follows:
"(b) The commissioner shall provide by rules and regulations appropriate procedures
whereby, upon the payment of a fee of $5.00, and, upon preparation and filing of an
appropriate application therefor, currently valid <del>annual and five-year</del> license plates and
revalidation decals shall be transferred from one vehicle to another vehicle of the same
class of which ownership is acquired following that person's or those persons' ceasing to
own or operate on the public roads the vehicle for which such plate was originally issued
and during the initial registration period for the acquired vehicle. If such acquired vehicle
is of a different class than the vehicle no longer owned or operated by such person, he or
she shall submit the license plate currently issued to him or her for cancellation and, upon
payment of any additional fee for registering such acquired vehicle, the commissioner shall
issue a new license plate to such person for use on such acquired vehicle. License plates
and revalidation decals may be transferred in accordance with the provisions of this
subsection at any time after issuance or renewal thereof and until the expiration of the
period for which issued."
SECTION 11.
Said title is further amended in Code Section 40-2-60, relating to prestige license plates, by
revising subsection (a) as follows:
"(a) Motor vehicle owners who are residents of Georgia, upon complying with the motor
vehicle laws relating to registration and licensing of motor vehicles and, except as provided
in subsection (c) of this Code section, upon the payment of a fee of $35.00 in addition to
the regular motor vehicle registration fee, shall be issued special personalized prestige
license plates by the commissioner. Special personalized license plates issued pursuant to
this Code section shall be subject to an additional annual registration fee of $35.00 as a
condition of obtaining an annual revalidation decal <ins>or an additional registration fee of
$175.00 as a condition of obtaining a five-year revalidation decal</ins> for such license plate.
<del>which fee</del> <ins>The fee required by this Code section</ins> shall be collected by the county tag agent
at the time of collection of other registration fees and shall be remitted to the state as
provided in Code Section 40-2-34."
SECTION 12.
Said title is further amended in Code Section 40-2-60.1, relating to standardized
administrative process for special license plates, designs, fees, and application process, by
revising paragraph (5) of subsection (c) as follows:
"(5) 'Special license plate renewal fee' means <del>a $35.00 fee</del> the fee required to be paid at
the time a special license plate is renewed and a revalidation decal is issued. <ins>For an
annual revalidation decal, such fee shall be $35.00 and for a five-year revalidation decal,
such fee shall be $175.00."
</ins> SECTION 13.
Said title is further amended by revising Code Section 40-2-61, relating to license plates for
U.S. Senators and Congressmen, state constitutional officers, Speaker of the House of
Representatives, Justices of Supreme Court, Judges of Court of Appeals, and Public Service
Commission members, as follows:
"40-2-61.
<ins>(a) As used in this Code section, the term 'state constitutional officer' means the Governor,
Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent,
Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor.
(b)</ins> The commissioner shall design and issue distinctive license plates to each United
States Senator and Congressman elected from the State of Georgia, each state constitutional
officer, the Speaker of the House of Representatives, each Justice of the Supreme Court
and each Judge of the Court of Appeals, and each member of the Public Service
Commission to be placed on such official's personal motor vehicle. Each such distinctive
license plate shall indicate the individual's elected office and no county name decal need
be affixed to such plate as required pursuant to Code Section 40-2-9. The special license
plate authorized by this Code section shall be issued to such elected official upon
application and payment of a manufacturing fee of $25.00 and upon compliance with the
state laws relating to registration and licensing of motor vehicles and shall be transferred
as provided in Code Section 40-2-80. Distinctive license plates issued pursuant to this
Code section shall be <del>renewed annually, and revalidation decals shall be issued upon
compliance with the laws relating to registration and licensing and upon payment of</del> <ins>subject
to</ins> an additional <ins>annual</ins> registration fee of $35.00 <del>which shall</del> <ins>as a condition of obtaining
an annual revalidation decal or an additional registration fee of $175.00 as a condition of
obtaining a five-year revalidation decal for such license plate. The fee required by this
Code section shall</ins> be collected by the county tag agent at the time for collection of other
registration fees and shall be remitted to the state as provided in Code Section 40-2-34. <del>For
purposes of this Code section, the term 'state constitutional officer' means the Governor,
Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent,
Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor."
</del>
SECTION 14.
Said title is further amended by revising Code Section 40-2-62, relating to license plates for
current and former members of the General Assembly, as follows:
"40-2-62.
The commissioner shall mail special and distinctive license plates printed for members of
the General Assembly and former members of the General Assembly who are hereby
deemed to have emeritus status after having served in the General Assembly eight or more
years to the local tag agent in the counties wherein such members or former members
reside on or before the owner's registration period each year. Such special and distinctive
license plates shall be issued only upon applications made to the local tag agent and
payment of a $25.00 manufacturing fee. License plates may be issued by the local tag
agent upon a proper application and in accordance with the terms of this chapter. License
plates issued pursuant to this Code section need not contain a place for the county name
decal <ins>as required pursuant to Code Section 40-2-9,</ins> and no county name decal need be
affixed to a license plate issued pursuant to this Code section. Special and distinctive
license plates issued pursuant to this Code section shall be <del>renewed annually, and
revalidation decals shall be issued upon compliance with the laws relating to registration
and licensing and upon payment of</del> <ins>subject to</ins> an additional <ins>annual</ins> registration fee of
$35.00 <del>which</del> <ins>as a condition of obtaining an annual revalidation decal or an additional
registration fee of $175.00 as a condition of obtaining a five-year revalidation decal for
such license plate. The fee required by this Code section</ins> shall be collected by the county
tag agent at the time for collection of other registration fees and shall be remitted to the
state as provided in Code Section 40-2-34. The special license plates issued pursuant to
this Code section shall be transferred to another vehicle as provided in Code Section
40-2-80."
SECTION 15.
Said title is further amended by revising Code Section 40-2-63, relating to license plates for
sheriffs, as follows:
"40-2-63.
The commissioner shall mail to the local tag agents special and distinctive license plates
for the elected sheriffs in the counties of this state on or before the owner's registration
period of each sheriff. The sheriffs shall make application with the local tag agent and
shall pay a fee of $25.00. Special sheriffs' license plates issued pursuant to this Code
section shall be <del>renewed annually, and revalidation decals shall be issued upon compliance
with the laws relating to registration and licensing and upon payment of an additional
registration fee of $25.00 which</del> <ins>subject to an additional annual registration fee of $25.00
as a condition of obtaining an annual revalidation decal or an additional registration fee of
$125.00 as a condition of obtaining a five-year revalidation decal for such license plate.
The fee required by this Code section</ins> shall be collected by the county tag agent at the time
of collection of other registration fees and shall be remitted to the state as provided in Code
Section 40-2-34. License plates shall be issued by the local tag agents upon proper
application and in accordance with the terms of Article 2 of this chapter. Only one special
and distinctive license plate shall be issued to each elected sheriff; however, a sheriff may
choose to use the sheriff's distinctive license plate either on the law enforcement vehicle
assigned to such sheriff or on his or her personal vehicle."
SECTION 16.
Said title is further amended in Code Section 40-2-64, relating to license plates for honorary
consuls, by revising subsection (a) as follows:
"(a) Honorary consuls <ins>shall be issued license plates as prescribed in Code Section 40-2-31
in duplicate for use on their official or private passenger automobiles,</ins> upon application and
compliance with the state motor vehicle laws relative to the registration and licensing of
motor vehicles, payment of the regular license fees for license plates as provided by law,
payment of a manufacturing fee of $25.00, and payment of an additional annual registration
fee of $25.00 <del>which fee</del> <ins>as a condition of obtaining an annual revalidation decal or an
additional registration fee of $125.00 as a condition of obtaining a five-year revalidation
decal for such license plate. The fee required by this Code section</ins> shall be collected by the
county tag agent at the time of collection of other registration fees and shall be remitted as
provided in Code Section 40-2-34, <del>shall be issued license plates as prescribed in Code
Section 40-2-31 in duplicate for use on their official or private passenger automobiles.
</del> Such license plates shall be fastened to both the front and the rear of the vehicle. No more
than two sets of honorary consular corps license plates shall be issued to any country. Such
plates shall not be used by any person after his or her appointment has ended."
SECTION 17.
Said title is further amended in Code Section 40-2-64.1, relating to license plates for official
representatives of the Taipei Economic and Cultural Representatives Office, by revising
subsection (b) as follows:
"(b) Upon application and compliance with the state motor vehicle laws relating to the
registration and licensing of motor vehicles and the payment of any registration fees,
including the $25.00 manufacturing fee and the $35.00 special license plate fee <del>or the
$35.00 special license plate renewal fee, as applicable,</del> official representatives of the Taipei
Economic and Cultural Representatives Office in the United States who maintain a
presence in Georgia shall be issued Foreign Organization license plates as prescribed in
Code Section 40-2-31 in duplicate. <ins>License plates issued pursuant to this Code section
shall be subject to an additional annual registration fee of $35.00 as a condition of
obtaining an annual revalidation decal or an additional registration fee of $175.00 as a
condition of obtaining a five-year revalidation decal for such license plate. The fee
required by this Code section shall be collected by the county tag agent at the time of
</ins>
<ins>collection of other registration fees and shall be remitted to the state as provided in Code
Section 40-2-34.</ins> Such license plates shall be fastened to both the front and the rear of the
vehicle."
SECTION 18.
Said title is further amended in Code Section 40-2-65, relating to license plates for active and
retired reservists and certain members of the National Guard, by revising subsection (a) as
follows:
"(a)(1) Motor vehicle owners who are assigned or attached members of troop program
units of any branch of the active reserve components of the United States inside or
outside the State of Georgia shall be eligible to receive free motor vehicle license plates
for private passenger cars, motorcycles, or trucks used for personal transportation. Motor
vehicle owners who are members of any National Guard unit in a state adjoining the State
of Georgia and for whom there is no National Guard unit in the county of their residence
shall be eligible to receive free motor vehicle plates for private passenger cars,
motorcycles, or trucks used for personal transportation to identify such vehicle owner as
a reservist. Such license plates shall be issued in compliance with the state motor vehicle
laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of
this chapter. No person shall be entitled to more than one free motor vehicle license plate
for any calendar year; provided, however, that, upon payment of the regular license fee
provided for in Code Section 40-2-151 and a manufacturing fee of $25.00, a reservist
shall be entitled to receive one additional such license plate. For each additional license
plate for which an initial $25.00 fee was required, there shall be an additional annual
registration fee of $25.00, <del>which fee</del> <ins>as a condition of obtaining an annual revalidation
decal or an additional registration fee of $125.00 as a condition of obtaining a five-year
revalidation decal for such license plate. The fee required by this paragraph</ins> shall be
collected by the county tag agent at the time of collection of other registration fees and
shall be remitted to the state as provided in Code Section 40-2-34. Additional words or
symbols in addition to numbers and letters prescribed by law shall be inscribed upon such
license plates so as to identify distinctively the owner as a member of one of the
following branches of the United States military reserve: Army, Navy, Marines, Air
Force, Space Force, or Coast Guard. The commanding officer of each active reserve
component program unit or the adjutant general of the National Guard unit of each
neighboring state shall, upon request of any reserve member or National Guard member
of that unit, respectively, furnish to that member approved documentation supporting the
member's current membership in the respective reserve or National Guard unit. This
documentation shall be presented <del>annually</del> to the tax commissioner of the county in
which the reserve member or National Guard member applies for the special license plate
under this Code section <del>and upon subsequent reregistration for each succeeding year.
</del> (2) Motor vehicle owners who are retired from any branch of the active reserve
components whose active reservists are eligible to obtain free motor vehicle license plates
under paragraph (1) of this subsection, upon application for license plates and upon
compliance with the state motor vehicle laws relating to registration and licensing of
motor vehicles as prescribed under Article 2 of this chapter, shall be issued, free of
charge, a license plate as prescribed in that article for private passenger cars, motorcycles,
or trucks used for personal transportation. Each such retired member shall be entitled to
no more than one such free plate for any calendar year; provided, however, that, upon
payment of the regular license fee provided for in Code Section 40-2-151 and a
manufacturing fee of $25.00, a retired member shall be entitled to receive one additional
such license plate. For each additional license plate for which an initial $25.00 fee was
required, there shall be an additional annual registration fee of $25.00, <del>which fee</del> <ins>as a
condition of obtaining an annual revalidation decal or an additional registration fee of
$125.00 as a condition of obtaining a five-year revalidation decal for such license plate.
The fee required by this paragraph</ins> shall be collected by the county tag agent at the time
of collection of other registration fees and shall be remitted to the state as provided in
Code Section 40-2-34. The license plates issued pursuant to this paragraph shall, in
addition to the numbers and letters prescribed by law, be identical to those issued
pursuant to paragraph (1) of this subsection to members of the branch of the active
reserve component from which that person retired. The commanding officer of each
active reserve component program unit shall, upon request of any retired reserve member
from that unit, furnish to that retired member approved documentation supporting the
retired member's current retired membership status from that reserve unit. This
documentation shall be presented to the tax commissioner of the county in which the
retired reserve member applies for the special license plate under this Code section.
(3) The license plates issued pursuant to paragraph (2) of this subsection shall contain
the word 'RETIRED' in the location of and in lieu of the name of the county of issuance."
SECTION 19.
Said title is further amended in Code Section 40-2-66, relating to license plates for active and
retired members of the Georgia National Guard, by revising paragraphs (1) and (2) of
subsection (a) as follows:
"(a)(1) Motor vehicle owners who are members of the Georgia National Guard, upon
application for license plates and upon compliance with the state motor vehicle laws
relating to registration and licensing of motor vehicles as prescribed under Article 2 of
this chapter, shall be issued, free of charge, a license plate, as prescribed in that article for
private passenger cars, motorcycles, or trucks used for personal transportation. Each
member of the Georgia National Guard shall be entitled to no more than one such free
plate at a time; provided, however, that, upon payment of the regular license fee provided
for in Code Section 48-10-2 and a manufacturing fee of $25.00, a member shall be
entitled to one additional such license plate. For each additional license plate for which
an initial $25.00 fee was required, there shall be an additional annual registration fee of
$25.00 <del>which fee</del> <ins>as a condition of obtaining an annual revalidation decal or an additional
registration fee of $125.00 as a condition of obtaining a five-year revalidation decal for
such license plate. The fee required by this paragraph</ins> shall be collected by the county
tag agent at the time of collection of other registration fees and shall be remitted to the
state as provided in Code Section 40-2-34. Additional words or symbols, in addition to
the numbers and letters prescribed by law, shall be inscribed upon such license plates so
as to identify distinctively the owner as a member of the Georgia National Guard. The
adjutant general of Georgia shall, upon request of any member of that National Guard
unit, furnish to that member approved documentation supporting the member's current
membership in that National Guard unit. This documentation shall be presented <del>annually
</del> to the tax commissioner of the county in which the National Guard member applies for
the special license plate under this Code section <del>and upon subsequent reregistration for
each succeeding year.
</del> (2) Motor vehicle owners who are retired members of the Georgia National Guard, upon
application for license plates and upon compliance with the state motor vehicle laws
relating to registration and licensing of motor vehicles as prescribed under Article 2 of
this chapter, shall be issued, free of charge, a license plate as prescribed in that article for
private passenger cars, motorcycles, or trucks used for personal transportation. Each
retired member of the Georgia National Guard shall be entitled to no more than one such
free plate at a time; provided, however, that, upon payment of the regular license fee
provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a member shall
be entitled to one additional such license plate. For each additional license plate for
which an initial $25.00 fee was required, there shall be an additional annual registration
fee of $25.00 <del>which fee</del> <ins>as a condition of obtaining an annual revalidation decal or an
additional registration fee of $125.00 as a condition of obtaining a five-year revalidation
decal for such license plate. The fee required by this paragraph</ins> shall be collected by the
county tag agent at the time of collection of other registration fees and shall be remitted
to the state as provided in Code Section 40-2-34. The license plates issued pursuant to
this paragraph shall, in addition to the numbers and letters prescribed by law, be identical
to those issued pursuant to paragraph (1) of this subsection. The adjutant general of
Georgia shall, upon request of any member retired from that National Guard unit, furnish
to that retired member approved documentation supporting the member's retired
membership status in that National Guard unit. This documentation shall be presented
<del>annually</del> to the tax commissioner of the county in which the retired National Guard
member applies for the special license plate under this Code section <del>and upon subsequent
reregistration for each succeeding year."
</del> SECTION 20.
Said title is further amended in Code Section 40-2-67, relating to license plates for state
commanders of nationally chartered veterans' organizations, by revising subsection (a) as
follows:
"(a) The state commanders of nationally chartered veterans' organizations <ins>shall be issued
license plates as prescribed in Code Section 40-2-31 for use on their official or private
passenger automobiles,</ins> upon application and compliance with the state motor vehicle laws
relative to the registration and licensing of motor vehicles, upon payment of the regular
license fees for license plates as provided by law, and upon the payment of an additional
initial fee of $25.00 and an additional annual registration fee of $25.00 <del>which fee</del> <ins>as a
condition of obtaining an annual revalidation decal or an additional registration fee of
$125.00 as a condition of obtaining a five-year revalidation decal for such license plate.
The fee required by this subsection</ins> shall be collected by the county tag agent at the time
of collection of other registration fees and shall be remitted as provided in Code Section
40-2-34, <del>shall be issued license plates as prescribed in Code Section 40-2-31 for use on
their official or private passenger automobiles, upon which,.</del> <ins>For a license plate issued
under this Code section,</ins> in lieu of the numbers prescribed by <del>said Code section,</del> <ins>Code
</ins>
<ins>Section 40-2-31, there</ins> shall be such figures or symbols indicative of the office held by such
individuals as may be prescribed by the commissioner."
SECTION 21.
Said title is further amended by revising Code Section 40-2-81, relating to license plates for
members of the Georgia State Defense Force, as follows:
"40-2-81.
(a) For purposes of this Code section, the term 'Georgia State Defense Force' means that
organization established pursuant to Part 3 of Article 1 of Chapter 2 of Title 38.
(b)(1) Motor vehicle and trailer owners who are members of the Georgia State Defense
Force shall be eligible to receive special and distinctive vehicle license plates for private
passenger cars, trucks, motorcycles, or recreational vehicles used for personal
transportation. Such license plates shall be issued in compliance with the state motor
vehicle laws relating to registration and licensing of motor vehicles as prescribed in
Article 2 of this chapter.
(2)(A) Motor vehicle and trailer owners who are members of the Georgia State
Defense Force shall be issued, upon application for and upon compliance with the state
motor vehicle laws relating to registration and licensing of motor vehicles, a Georgia
State Defense Force member license plate. One such license plate shall be issued
without the requisite registration fee, manufacturing fee, or annual registration fee.
(B) Each member of the Georgia State Defense Force shall be entitled to no more than
one such free license plate at a time; provided, however, that, upon payment of a
manufacturing fee of $25.00, a member shall be entitled to one additional such license
plate. For each additional license plate for which a $25.00 manufacturing fee is
required, there shall be an additional annual registration fee of $25.00 <del>which fee</del> <ins>as a
condition of obtaining an annual revalidation decal or an additional registration fee of
$125.00 as a condition of obtaining a five-year revalidation decal for such license plate.
</ins>
<ins>The fee required by this Code section</ins> shall be collected by the county tag agent at the
time of collection of other registration fees and shall be remitted to the state as provided
in Code Section 40-2-34.
(c) The commissioner shall design a Georgia State Defense Force member license plate.
The commissioner shall promulgate such rules and regulations as may be necessary to
enforce compliance with all state license laws relating to the use and operation of private
passenger cars, trucks, motorcycles, and trailers before issuing these license plates in lieu
of the regular Georgia license plates. <del>The manufacturing fee for such special and
distinctive license plates shall be $25.00.</del> The commissioner is specifically authorized to
promulgate all rules and regulations necessary to ensure compliance in instances where
such vehicles have been transferred or sold. <del>Such</del> <ins>Except as provided in subsection (e) of
this Code section, such</ins> plates shall be nontransferable.
(d) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of
this chapter for private passenger cars, trucks, motorcycles, and trailers used for personal
transportation. Such plates shall contain such words or symbols, in addition to the numbers
and letters prescribed by law, so as to identify distinctively the owners as members of the
Georgia State Defense Force.
(e) The license plate issued pursuant to this Code section may be transferred between
vehicles as provided in Code Section 40-2-80.
(f) <del>Special license plates issued under this Code section, except as provided in
subparagraph (b)(2)(A) of this Code section, shall be renewed annually with a revalidation
decal as provided in Code Section 40-2-31 without payment of an additional $25.00 annual
registration fee.
(g)</del> Should a member of the Georgia State Defense Force who has been issued a license
plate or license plates be discharged or otherwise separated from the Georgia State Defense
Force, the member shall forward his or her Georgia State Defense Force member license
plate or plates to the commissioner along with a certificate to the effect that such person
has been discharged or otherwise separated from the Georgia State Defense Force, and
thereupon the commissioner shall issue a regular license plate, at no additional charge, to
such former member of the Georgia State Defense Force to replace the Georgia State
Defense Force member plate or plates."
SECTION 22.
Said title is further amended in Code Section 40-2-84, relating to license plates for Purple
Heart recipients, by revising subsection (e) as follows:
"(e) For each additional special license plate issued under this Code section there shall be
an additional <del>$25.00</del> annual registration fee <del>which fee</del> <ins>of $25.00 as a condition of obtaining
an annual revalidation decal or an additional registration fee of $125.00 as a condition of
obtaining a five-year revalidation decal for such license plate. The fee required by this
Code section</ins> shall be collected by the county tag agent at the time of collection of other
registration fees and shall be remitted to the state as provided in Code Section 40-2-34."
SECTION 23.
Said title is further amended in Code Section 40-2-85, relating to license plates for veterans
who survived attack on Pearl Harbor, by revising subsection (e) as follows:
"(e) Special license plates issued under this Code section shall be <del>renewed annually with
a revalidation decal as provided in Code Section 40-2-31. It shall be a requirement that a
county name decal shall be affixed and displayed on license plates issued under this Code
section</del> <ins>subject to an additional annual registration fee of $25.00 as a condition of obtaining
an annual revalidation decal or an additional registration fee of $125.00 as a condition of
obtaining a five-year revalidation decal for such license plate. The fee required by this
Code section shall be collected by the county tag agent at the time of collection of other
registration fees and shall be remitted to the state as provided in Code Section 40-2-34."
</ins>
SECTION 24.
Said title is further amended in Code Section 40-2-85.1, relating to license plates for certain
veterans, by revising subparagraph (b)(2)(B) and subsections (e.1) and (f) as follows:
"(B) Each member or former member of the armed forces of the United States listed
in this subsection shall be entitled to no more than one such free license plate at a time;
provided, however, that, upon payment of a manufacturing fee of $25.00, a member
shall be entitled to one additional such license plate. For each additional license plate
for which a $25.00 manufacturing fee is required, there shall be an additional annual
registration fee of $25.00, <del>and such fee</del> <ins>as a condition of obtaining an annual
revalidation decal or an additional registration fee of $125.00 as a condition of
obtaining a five-year revalidation decal for such license plate. The fee required by this
subparagraph</ins> shall be collected by the county tag agent at the time of collection of other
registration fees and shall be remitted to the state as provided in Code Section 40-2-34."
<del>"(e.1)(f)</del> The spouse of any person eligible to be issued a special license plate under this
Code section shall also be eligible for such license plate, provided that no motor vehicle
is registered in the name of the eligible person and all other requirements relating to
registration and licensing relative to motor vehicles as prescribed in Article 2 of this
chapter have been satisfied.
<ins>(f)(g)</ins> Special license plates issued under this Code section, except as provided in
subparagraph (b)(2)(A) of this Code section, shall be <del>renewed annually with a revalidation
decal as provided in Code Section 40-2-31 without payment of an additional $25.00 annual
registration fee</del> <ins>subject to an additional annual registration fee of $25.00 as a condition of
obtaining an annual revalidation decal or an additional registration fee of $125.00 as a
condition of obtaining a five-year revalidation decal for such license plate. The fee
required by this Code section shall be collected by the county tag agent at the time of
collection of other registration fees and shall be remitted to the state as provided in Code
Section 40-2-34."
</ins>
SECTION 25.
Said title is further amended in Code Section 40-2-85.2, relating to license plates for veterans
of the Chosin Reservoir Campaign, by revising subsection (e) as follows:
"(e) Special license plates issued under this Code section shall be <del>renewed annually with
a revalidation decal, as provided in Code Section 40-2-31, without payment of an
additional $25.00 annual registration fee</del> <ins>subject to an additional annual registration fee of
$25.00 as a condition of obtaining an annual revalidation decal or an additional registration
fee of $125.00 as a condition of obtaining a five-year revalidation decal for such license
plate. The fee required by this Code section shall be collected by the county tag agent at
the time of collection of other registration fees and shall be remitted to the state as provided
in Code Section 40-2-34.
(f)</ins> Special license plates issued under this Code section shall be transferred between
vehicles as provided in Code Section 40-2-80."
SECTION 26.
Said title is further amended in Code Section 40-2-85.3, relating to license plates for Gold
Star family members, by revising subsections (d) through (g) as follows:
"(d) Any motor vehicle owner who is a resident of Georgia, other than one registering
under the International Registration Plan, upon complying with state laws relating to
registration and licensing of motor vehicles shall be issued such a special license plate upon
application therefor. <del>Special license plates issued under this Code section shall be renewed
annually with a revalidation decal as provided in Code Section 40-2-31.</del> Upon payment
of all ad valorem taxes and other fees due at registration of a motor vehicle, an eligible
family member may apply for a Gold Star license plate. In order to qualify as an eligible
family member for purposes of this Code section, the person must be related to the fallen
service member as a spouse, mother, father, sibling, child, stepparent, or surviving spouse
of such service member's sibling. <del>Up to two free license plates shall be allowed for any
</del>
<del>eligible family member and they may purchase additional license plates for each motor
vehicle they register in this state. If a Gold Star license plate is lost, damaged, or stolen,
the eligible family member must pay the reasonable cost, to be established by the
department, but not to exceed the cost of other specialty license plates, to replace the Gold
Star license plate</del> <ins>An eligible family member shall be entitled to no more than two free
license plates at a time; provided, however, that an eligible family member shall be entitled
to additional license plates upon payment of a manufacturing fee of $25.00. For each
additional license plate for which a $25.00 manufacturing fee is required, there shall be an
additional annual registration fee of $35.00 as a condition of obtaining an annual
revalidation decal or an additional registration fee of $175.00 as a condition of obtaining
a five-year revalidation decal for such license plate. The fee required by this Code section
shall be collected by the county tag agent at the time of collection of other registration fees
and shall be remitted to the state as provided in Code Section 40-2-34.
</ins> (e) Whether a service member is deemed to have been killed in action shall be determined
by the classification of death as listed by the United States Department of Defense and may
be verified from documentation directly from the Department of Defense.
(f) Free Gold Star license plates shall be issued only to eligible family members who
resided in Georgia at the time of the death of the service member. <del>However,;</del> <ins>provided,
however, that</ins> an eligible family member who was not a resident of Georgia at the time of
the death of the service member <del>may purchase a Gold Star license plate, at a cost to be
established by the department, not to exceed the cost of other specialty license plates</del> <ins>shall
be entitled to such license plate upon payment of a manufacturing fee of $25.00.
</ins> (g) <del>Renewal decals shall be issued at no cost to any person that received a free license
plate under the provisions of this Code section upon the payment of ad valorem taxes and
other registration fees, provided that the renewal is applied for on or within 30 days prior
to the renewal date of the eligible person. If the eligible person fails to renew within such
time, he or she shall pay a standard renewal fee and be subject to the standard penalties for
</del>
<del>late payment of ad valorem taxes due on the motor vehicle</del> <ins>A special license plate issued
to an eligible family member pursuant to this Code section shall be issued the required
revalidation decal at no cost. Any special license plate issued pursuant to this Code section
for a fee shall be subject to an additional annual registration fee of $35.00 as a condition
of obtaining an annual revalidation decal or an additional registration fee of $175.00 as a
condition of obtaining a five-year revalidation decal for such license plate. The fee
required by this Code section shall be collected by the county tag agent at the time of
collection of other registration fees and shall be remitted to the state as provided in Code
Section 40-2-34."
</ins> SECTION 27.
Said title is further amended in Code Section 40-2-86, relating to license plates promoting
or supporting certain agencies, funds, or nonprofit corporations with proceeds disbursed to
the general fund and the agency, fund, or nonprofit corporation, by revising subparagraph
(a)(1)(C) as follows:
"(C) 'Special license plate renewal fee' means <del>a $35.00 fee</del> <ins>the fee required to be</ins> paid
at the time a revalidation decal is issued for a special license plate. <ins>For an annual
revalidation decal, such fee shall be $35.00 and for a five-year revalidation decal, such
fee shall be $175.00."
</ins> SECTION 28.
Said title is further amended in Code Section 40-2-86.1, relating to license plates promoting
or supporting certain agencies, funds, or nonprofit corporations or issued to qualified motor
vehicles or owners with proceeds deposited in the general fund, by revising subsection (d)
as follows:
"(d) Any Georgia resident who is the owner of a motor vehicle, except a vehicle registered
under the International Registration Plan, upon complying with the motor vehicle laws
relating to registration and licensing of motor vehicles and upon the payment of a
manufacturing fee of $25.00 and a special license plate fee of $35.00, in addition to the
regular motor vehicle registration fee, shall be able to apply for a special license plate listed
in subsection (l) of this Code section. Revalidation decals shall be issued for special
license plates in the same manner as provided for general issue license plates., <del>with the
addition of a $35.00 special license plate renewal fee,</del> <ins>For an annual revalidation decal,
such fee shall be $35.00 and for a five-year revalidation decal, such fee shall be $175.00,
</ins> provided that special license plates issued pursuant to paragraph (9) of subsection (l) of this
Code section shall be exempt from such special license plate renewal fee."
SECTION 29.
Said title is further amended in Code Section 40-2-151, relating to annual license fees for
operation of vehicles, fee for permanent licensing of certain trailers, and fee for new
passenger car with paid title ad valorem taxes, by revising subsection (c) as follows:
"(c) <del>The fee for a new motor vehicle which is a passenger car for which the purchaser has
paid state and local title ad valorem taxes and that is being registered as provided in
subsection (d) of Code Section 40-2-20 shall be $40.00 for the two-year registration period.
</del> <ins>Upon the election of a five-year motor vehicle registration and revalidation decal by an
owner of an eligible motor vehicle, the fees for the licensing of the operation of such
eligible motor vehicle shall be five times the applicable amount set forth in subsection (a)
of this Code section for the five-year registration period."
</ins> SECTION 30.
Said title is further amended by adding a new Code section to read as follows:
<ins>"40-2-139.
(a) For purposes of aiding in the enforcement of any emission inspection certification
requirements under Article 2 of Chapter 9 of Title 12, any emission inspection station
</ins>
<ins>holding a valid certificate of authorization from the Department of Natural Resources shall
electronically transmit notice of the issuance of an emission inspection certification to the
department within seven days of such issuance. Such notice shall include the name and
contact information of the emission inspection station, the vehicle identification number
to which such certificate has been issued, and the make and model year of such motor
vehicle. The department shall prescribe the form and manner of electronic transmission
for the purposes of complying with this Code section.
(b) The department shall identify when a motor vehicle owner is required to comply with
emission inspection certification requirements under Article 2 of Chapter 9 of Title 12, and
no motor vehicle registration or renewal thereof shall be issued without notice to the
department pursuant to this Code section that an emission inspection certification has been
issued for such vehicle.
(c)(1) The department shall monitor the reporting by emission inspection stations of the
issuance of emission inspection certifications. When a five-year registration has been
issued by the department for a vehicle identification number recorded in the department's
motor vehicle records that is required to comply with emission certification requirements
under Article 2 of Chapter 9 of Title 12, the department shall annually verify that the
required emission inspection certification notice has been transmitted. The department
shall notify the owner of a motor vehicle with a five-year registration period that lacks
the required annual emission inspection certification. The department shall send such
notice to the address of the owner of the motor vehicle shown in the records of the
department unless such owner has consented to electronic notifications and
communications pursuant to Code Section 40-1-9.
(2) It shall be the duty of the owner of a motor vehicle receiving notice pursuant to
paragraph (1) of this subsection to obtain an emission inspection certification and provide
proof of such certification to the department within 30 days of receipt of such notice. If
proof of an emission inspection certification is not provided within the time period
</ins>
<ins>specified in this Code section, the owner's motor vehicle registration shall be suspended
immediately by operation of law by the department. When such proof is provided and
the owner pays a $60.00 restoration fee, the suspension shall terminate. If any restoration
fee provided for in this Code section is paid to the county tax commissioner, the county
shall retain $10.00 thereof as a collection fee."
</ins> SECTION 31.
This Act shall become effective on July 1, 2027.
SECTION 32.
All laws and parts of laws in conflict with this Act are repealed.