SB384: SB384 Motor Vehicle; optional five-year motor vehicle registration and revalidation for certain motor vehicles; provide

26 SB 384/AP 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 Georgia1 Annotated, relating to motor vehicle emission inspection and ma intenance and motor2 vehicles and traffic, respectively, so as to provide for an opt ional five-year motor vehicle3 registration and revalidation for certain motor vehicles; to pr ovide for the submission of4 certificates of emission inspection for such five-year motor vehicle registrations; to authorize5 electronic notice in certain instances; to prohibit credits or refunds of registration fees; to6 provide for fees for five-year registration decals for prestige and specialty license plates; to7 provide for the submission of certificates of emission inspecti ons to the Department of8 Revenue; to authorize the adoption of rules and regulations; to revise and provide for9 definitions; to provide for conforming changes; to provide for related matters; to provide for10 an effective date; to repeal conflicting laws; and for other purposes.11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12 SECTION 1.13 Article 2 of Chapter 9 of Title 12 of the Official Code of Geor gia Annotated, relating to14 motor vehicle emission inspection and maintenance, is amended in Code Section 12-9-45,15 relating to certificate of emission inspection, by revising subsection (b) as follows:16 - 1 - 26 SB 384/AP "(b) A certificate of emission inspection shall be valid for one inspection term. The owner17 of each responsible motor vehicle subject to subsection (a) of this Code section is required18 to obtain a new certificate of emission inspection on or before the date the current19 certificate of emission inspection expires or prior to the vehicle registration date conclusion20 of the registration period, as such term is defined in Code Sec tion 40-2-21, in the year21 following the expiration of the certificate, as determined by the board."22 SECTION 2.23 Said article is further amended in Code Section 12-9-51, relati ng to emission inspection24 required for motor vehicle registration, operation without registration, and improper reuse,25 by revising subsection (a) as follows:26 "(a) Beginning July 1, 1992, it sh all be unlawful for any count y to and no county shall27 register any responsible motor vehicle subject to any requireme nt under Code Section28 12-9-45 pursuant to or subject to the requirements of Chapter 2 of Title 40 without proof29 of a valid certificate of emission inspection issued pursuant t o Code Section 12-9-4830 indicating that such responsible motor vehicle satisfied all applicable requirements of Code31 Section Sections 12-9-45 and Code Section 12-9-48. In applying for a motor vehicle32 registration for a responsible motor vehicle subject to any requirement under Code Section33 12-9-45, the application shall be accompanied by proof of the issuance of a certificate of34 emission inspection issued pursuant to Code Section 12-9-48. A valid certificate of35 emission inspection shall be submitted during each inspection t erm of a five-year motor36 vehicle registration. Any county which registers any responsible motor vehicle with out37 proof of a certificate of emission inspection or fails to suspend a five-year registration of38 a responsible motor vehicle without proof of a certificate of emission inspection during an39 inspection term shall be in violation of this article."40 - 2 - 26 SB 384/AP SECTION 3.41 Said article is further amended in Code Section 12-9-55, relati ng to prohibited acts,42 registration of vehicle by county without proof of inspection, penalty, and withholding of43 funding, by revising subsection (i) as follows:44 "(i) If it is determined that any county has registered responsible motor vehicles or failed45 to suspend a five-year registration of responsible motor vehicles without receiving proof46 from the owners that the responsible motor vehicles satisfy all applicable requirements of47 Code Sections 12-9-45 and 12-9-48, the director shall notify th e commissioner of48 transportation that such an unlawful act has occurred. Upon su ch notification, the State49 Transportation Board may at its discretion withhold Department of Transportation funding50 assistance from any such county."51 SECTION 4.52 Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is53 amended in Code Section 40-1-9, relating to electronic notifications and communications by54 Department of Revenue, by adding a new subsection to read as follows:55 "(b.1)(1) Notice required by the department upon an owner for f ailure to comply with56 emission inspection certification requirements pursuant to Code Section 40-2-137 shall57 be satisfied by electronic means when:58 (A) The owner has elected to register his or her vehicle for a term of five years; and59 (B) The department provides notifications and communications e lectronically to the60 owner 30 days, 20 days, and ten days prior to the date of any suspension.61 (2) The department shall provide for notice of the use of elec tronic notifications and62 communications authorized by this subsection at the time of reg istration and in a63 statement which reads:64 'BY ELECTING A FIVE-YEAR VEHICLE REGISTRATION, YOU AGREE TO65 RECEIVE ELECTRONIC NOTIFICATIONS AND COMMUNICATIONS66 - 3 - 26 SB 384/AP RELATING TO FAILURE TO SUBMIT REQUIRED EMISSIONS INSPECTION67 CERTIFICATION AND ANY POSSIBLE MOTOR VEHICLE SUSPENSION THAT68 MAY RESULT FROM SUCH FAILURE.'"69 SECTION 5.70 Said title is further amended in Code Section 40-2-1, relating to definitions relative to71 registration and licensing of motor vehicles, by adding a new paragraph to read as follows:72 "(3.3) 'Eligible motor vehicle' means a motor vehicle for which required state and local73 ad valorem taxes have been paid in accordance with the alternat ive ad valorem tax set74 forth Code Section 48-5C-1. Such term shall not include a commercial motor vehicle or75 an alternative fueled vehicle, as such term is defined in paragraph (7) of subsection (l) of76 Code Section 40-2-86.1."77 SECTION 6.78 Said title is further amended by adding a new Code section to read as follows:79 "40-2-10.1.80 In no case shall an owner be entitled to a credit or refund for any payment of fees for a81 registration issued under this chapter upon the cancellation, t ermination, transfer,82 suspension, or revocation of such registration or upon the removal of a license plate for any83 other reason from a vehicle registered in this state."84 SECTION 7.85 Said title is further amended by revising Code Section 40-2-20, relating to registration and86 license requirements, certificate of registration and temporary operating permit, and two-year87 registration option for new motor vehicles, as follows:88 - 4 - 26 SB 384/AP "40-2-20.89 (a)(1)(A) Except as provided in subsections (b) and (d) of otherwise provided in this90 Code section and subsection (a) of Code Section 40-2-47, every owner of a motor91 vehicle, including a tractor or motorcycle, and every owner of a trailer shall, during the92 owner's registration period in each year, register such vehicle as provided in this chapter93 and obtain a license plate or revalidation decal to operate it for the 12 month period94 until such person's next registration period.95 (B)(i) The purchaser or other transferee owner of every new or used motor vehicle,96 including tractors and motorcycles, or trailer shall register such vehicle as provided97 in Code Section 40-2-8 and obtain or transfer as provided in this chapter a license to98 operate it for the period remaining until such person's next registration period which99 immediately follows such initial registration period, without regard to whether such100 next registration period occurs in the same calendar year as th e initial registration101 period or how soon such next registration period follows the initial registration period;102 provided, however, that this registration and licensing requirement does not apply to103 a dealer which acquires a new or used motor vehicle and holds i t for resale. The104 commissioner may provide by rule or regulation for one 30 day e xtension of such105 initial registration period which may be granted by the county tag agent if the106 transferor has not provided such purchaser or other transferee owner with a title to the107 motor vehicle more than five business days prior to the expirat ion of such initial108 registration period. The county tag agent shall grant an exten sion of the initial109 registration period when the transferor, purchaser, or transferee can demonstrate by110 affidavit in a form provided by the commissioner that title has not been provided to111 the purchaser or transferee due to the failure of a security in terest or lienholder to112 timely release a security interest or lien in accordance with Code Section 40-3-56.113 (ii) No person, company, or corporation, including, but not li mited to, used motor114 vehicle dealers and auto auctions, shall sell or transfer a mot or vehicle without115 - 5 - 26 SB 384/AP providing to the purchaser or transferee of such motor vehicle the last certificate of116 registration on such vehicle at the time of such sale or transf er; provided, however,117 that, in the case of a salvage motor vehicle or a motor vehicle which is stolen but118 subsequently recovered by the insurance company after payment of a total loss claim,119 the salvage dealer or insurer, respectively, shall not be requi red to provide the120 certificate of registration for such vehicle; and provided, further, that in the case of a121 repossessed motor vehicle or a court ordered sale or other invo luntary transfer, the122 lienholder or the transferor shall not be required to provide t he certificate of123 registration for such vehicle but shall, prior to the sale of such vehicle, surrender the124 license plate of such vehicle to the commissioner or the county tag agent by personal125 delivery or by certified mail or statutory overnight delivery for cancellation.126 (C) Upon application for renewal of a vehicle registration, the county tag agent may127 issue a temporary operating permit for any vehicle that fails to comply with applicable128 federal emission standards, provided that the owner of such veh icle has provided129 verification of the existence of minimum motor vehicle liability insurance coverage and130 paid all applicable taxes, penalties, insurance lapse fees, and f e e s o t h e r t h a n t h e131 registration fee. Such temporary operating permit shall be valid for 30 days and shall132 not be renewable.133 (2) An application for the registration of a motor vehicle may not be submitted separately134 from the application for a certificate of title for such motor vehicle, unless a certificate135 of title has been issued in the owner's name, such title has been applied for in the owner's136 name, or the motor vehicle is not required to be titled. An application for a certificate of137 title for a motor vehicle may be submitted separately from the application for the138 registration of such motor vehicle.139 (b) Subsection (a) of this Code section shall not apply:140 (1) To any motor vehicle or trailer owned by the state or any municipality or other141 political subdivision of this state except to the extent provided by Code Section 40-2-37;142 - 6 - 26 SB 384/AP (2) To any tractor or three-wheeled motorcycle used only for agricultural purposes;143 (2.1)(3) To any vehicle or equipment used for transporting cargo or containers between144 and within wharves, storage areas, or terminals within the facilities of any port under the145 jurisdiction of the Georgia Ports Authority when such vehicle o r equipment is being146 operated upon any public road not part of The Dwight D. Eisenho wer System of147 Interstate and Defense Highways by the owner thereof or his or her agent within a radius148 of ten miles of the port facility of origin and accompanied by an escort vehicle equipped149 with one or more operating amber flashing lights that are visible from a distance of 500150 feet;151 (3)(4) To any trailer which has no springs and which is being employ ed in hauling152 unprocessed farm products to their first market destination;153 (4)(5) To any trailer which has no springs, which is pulled from a tongue, and which is154 used primarily to transport fertilizer to a farm;155 (5)(6) To any electric powered personal transportation vehicle;156 (6)(7) To any moped; or157 (7)(8) To any golf car.158 (c) Any person who fails to register a new or used motor vehicle as required in subsection159 (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof,160 shall be punished by a fine not exceeding $100.00.161 (d) Upon the payment of the requisite fee, the purchaser of a new motor vehicle which is162 a passenger car, for which such purchaser has paid state and local title ad valorem taxes,163 may choose to register such passenger car for an initial period of two years instead of the164 annual registration provided for in this Code section, provided that the motor vehicle owner165 does not elect a prestige or special license plate. Thereafter , such passenger car shall be166 subject to the annual registration requirements of this Code section.167 (c) On and after July 1, 2027, an owner of an eligible motor v ehicle who has complied168 with all other requirements of this chapter shall be authorized to register or renew a169 - 7 - 26 SB 384/AP registration for such eligible vehicle annually or for a period of five years. In addition to170 the applicable license fee set forth in Code Section 40-2-151, an owner of an eligible motor171 vehicle with a prestige or special license plate shall pay any applicable registration renewal172 fees for such license plate. Any owner of an eligible motor vehicle who elects a five-year173 registration and revalidation decal shall not be relieved of an y applicable emission174 inspection certification requirements under Article 2 of Chapter 9 of Title 12.175 (d) Upon application for renewal of a motor vehicle registration, the county tag agent shall176 be authorized to issue a temporary operating permit for any veh icle that fails to comply177 with emission inspection certification requirements under Artic l e 2 o f C h a p t e r 9 o f178 Title 12, provided that the owner of such vehicle has provided verification of the existence179 of minimum motor vehicle liability insurance coverage and paid all applicable taxes,180 penalties, insurance lapse fees, and fees other than the regist ration fee. Such temporary181 operating permit shall be valid for 30 days and shall not be renewable.182 (e) The commissioner shall be authorized to promulgate such rules and regulations as may183 be necessary to effectuate the purposes of this Code section and the issuance of five-year184 registrations and revalidation decals."185 SECTION 8.186 Said title is further amended in Code Section 40-2-21, relating to registration periods, by187 adding a new paragraph to subsection (a) and revising subsection (b) as follows:188 "(.01) 'Eligible motor vehicle registration term' means every fifth registration period for189 an owner of an eligible motor vehicle who elects a five-year revalidation decal option."190 "(b) The owner of every vehicle registered in the previous cale ndar year shall register191 renew such registration and obtain a license to operate such vehicle with a revalidati on192 decal not later than the last day of the owner's registration period for an annual motor193 vehicle registration or the last day of an eligible motor vehic le registration term for a194 five-year motor vehicle registration."195 - 8 - 26 SB 384/AP SECTION 9.196 Said title is further amended in Code Section 40-2-34, relating to reports and remittances by197 tag agents, by adding a new subsection to read as follows:198 "(g) The commissioner shall be authorized to promulgate such rules and regulations as may199 be necessary to effectuate the purposes of this Code section and the distribution of funds200 relating to the issuance and renewal of annual and five-year motor vehicle registrations and201 the disbursement of funds relating to any special license plates issued by the department."202 SECTION 10.203 Said title is further amended in Code Section 40-2-42, relating to transfer of license plates204 and revalidation decals, by revising subsection (b) as follows:205 "(b) The commissioner shall provide by rules and regulations ap propriate procedures206 whereby, upon the payment of a fee of $5.00, and, upon preparat ion and filing of an207 appropriate application therefor, currently valid annual and fi ve-year license plates and208 revalidation decals shall be transferred from one vehicle to an other vehicle of the same209 class of which ownership is acquired following that person's or those persons' ceasing to210 own or operate on the public roads the vehicle for which such plate was originally issued211 and during the initial registration period for the acquired vehicle. If such acquired vehicle212 is of a different class than the vehicle no longer owned or operated by such person, he or213 she shall submit the license plate currently issued to him or her for cancellation and, upon214 payment of any additional fee for registering such acquired vehicle, the commissioner shall215 issue a new license plate to such person for use on such acquired vehicle. License plates216 and revalidation decals may be transferred in accordance with t he provisions of this217 subsection at any time after issuance or renewal thereof and un til the expiration of the218 period for which issued."219 - 9 - 26 SB 384/AP SECTION 11.220 Said title is further amended in Code Section 40-2-60, relating to prestige license plates, by221 revising subsection (a) as follows:222 "(a) Motor vehicle owners who are residents of Georgia, upon complying with the motor223 vehicle laws relating to registration and licensing of motor vehicles and, except as provided224 in subsection (c) of this Code section, upon the payment of a fee of $35.00 in addition to225 the regular motor vehicle registration fee, shall be issued spe cial personalized prestige226 license plates by the commissioner. Special personalized license plates issued pursuant to227 this Code section shall be subject to an additional annual regi stration fee of $35.00 as a228 condition of obtaining an annual revalidation decal or an addit ional registration fee of229 $175.00 as a condition of obtaining a five-year revalidation de cal for such license plate.230 which fee The fee required by this Code section shall be collected by the county tag agent231 at the time of collection of other registration fees and shall be remitted to the state as232 provided in Code Section 40-2-34."233 SECTION 12.234 Said title is further amended in Code Section 40-2-60.1, relati ng to standardized235 administrative process for special license plates, designs, fees, and application process, by236 revising paragraph (5) of subsection (c) as follows:237 "(5) 'Special license plate renewal fee' means a $35.00 fee the fee required to be paid at238 the time a special license plate is renewed and a revalidation decal is issued. For an239 annual revalidation decal, such fee shall be $35.00 and for a five-year revalidation decal,240 such fee shall be $175.00."241 SECTION 13.242 Said title is further amended by revising Code Section 40-2-61, relating to license plates for243 U.S. Senators and Congressmen, state constitutional officers, S peaker of the House of244 - 10 - 26 SB 384/AP Representatives, Justices of Supreme Court, Judges of Court of Appeals, and Public Service245 Commission members, as follows:246 "40-2-61.247 (a) As used in this Code section, the term 'state constitutional officer' means the Governor,248 Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent,249 Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor.250 (b) The commissioner shall design and issue distinctive license p lates to each United251 States Senator and Congressman elected from the State of Georgia, each state constitutional252 officer, the Speaker of the House of Representatives, each Just ice of the Supreme Court253 and each Judge of the Court of Appeals, and each member of the Public Service254 Commission to be placed on such official's personal motor vehicle. Each such distinctive255 license plate shall indicate the individual's elected office and no county name decal need256 be affixed to such plate as required pursuant to Code Section 40-2-9. The special license257 plate authorized by this Code section shall be issued to such e lected official upon258 application and payment of a manufacturing fee of $25.00 and upon compliance with the259 state laws relating to registration and licensing of motor vehicles and shall be transferred260 as provided in Code Section 40-2-80. Distinctive license plate s issued pursuant to this261 Code section shall be renewed annually, and revalidation decals shall be issued upon262 compliance with the laws relating to registration and licensing and upon payment of subject263 to an additional annual registration fee of $35.00 which shall as a condition of obtaining264 an annual revalidation decal or an additional registration fee of $175.00 as a condition of265 obtaining a five-year revalidation decal for such license plate . The fee required by this266 Code section shall be collected by the county tag agent at the time for collection of other267 registration fees and shall be remitted to the state as provided in Code Section 40-2-34. For268 purposes of this Code section, the term 'state constitutional officer' means the Governor,269 Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent,270 Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor."271 - 11 - 26 SB 384/AP SECTION 14.272 Said title is further amended by revising Code Section 40-2-62, relating to license plates for273 current and former members of the General Assembly, as follows:274 "40-2-62.275 The commissioner shall mail special and distinctive license plates printed for members of276 the General Assembly and former members of the General Assembly who are hereby277 deemed to have emeritus status after having served in the General Assembly eight or more278 years to the local tag agent in the counties wherein such membe rs or former members279 reside on or before the owner's registration period each year. Such special and distinctive280 license plates shall be issued only upon applications made to t he local tag agent and281 payment of a $25.00 manufacturing fee. License plates may be i ssued by the local tag282 agent upon a proper application and in accordance with the terms of this chapter. License283 plates issued pursuant to this Code section need not contain a place for the county name284 decal as required pursuant to Code Section 40-2-9 , and no county name decal need be285 affixed to a license plate issued pursuant to this Code section . Special and distinctive286 license plates issued pursuant to this Code section shall be re newed annually, and287 revalidation decals shall be issued upon compliance with the laws relating to registration288 and licensing and upon payment of subject to an additional annual registration fee of289 $35.00 which as a condition of obtaining an annual revalidation decal or an additional290 registration fee of $175.00 as a condition of obtaining a five- year revalidation decal for291 such license plate. The fee required by this Code section shall be collected by the county292 tag agent at the time for collection of other registration fees and shall be remitted to the293 state as provided in Code Section 40-2-34. The special license plates issued pursuant to294 this Code section shall be transferred to another vehicle as pr ovided in Code Section295 40-2-80."296 - 12 - 26 SB 384/AP SECTION 15.297 Said title is further amended by revising Code Section 40-2-63, relating to license plates for298 sheriffs, as follows:299 "40-2-63.300 The commissioner shall mail to the local tag agents special and distinctive license plates301 for the elected sheriffs in the counties of this state on or be fore the owner's registration302 period of each sheriff. The sheriffs shall make application wi th the local tag agent and303 shall pay a fee of $25.00. Special sheriffs' license plates is sued pursuant to this Code304 section shall be renewed annually, and revalidation decals shall be issued upon compliance305 with the laws relating to registration and licensing and upon p ayment of an additional306 registration fee of $25.00 which subject to an additional annual registration fee of $25.00307 as a condition of obtaining an annual revalidation decal or an additional registration fee of308 $125.00 as a condition of obtaining a five-year revalidation de cal for such license plate.309 The fee required by this Code section shall be collected by the county tag agent at the time310 of collection of other registration fees and shall be remitted to the state as provided in Code311 Section 40-2-34. License plates shall be issued by the local t ag agents upon proper312 application and in accordance with the terms of Article 2 of this chapter. Only one special313 and distinctive license plate shall be issued to each elected sheriff; however, a sheriff may314 choose to use the sheriff's distinctive license plate either on the law enforcement vehicle315 assigned to such sheriff or on his or her personal vehicle."316 SECTION 16.317 Said title is further amended in Code Section 40-2-64, relating to license plates for honorary318 consuls, by revising subsection (a) as follows:319 "(a) Honorary consuls shall be issued license plates as prescribed in Code Section 40-2-31320 in duplicate for use on their official or private passenger automobiles, upon application and321 compliance with the state motor vehicle laws relative to the registration and licensing of322 - 13 - 26 SB 384/AP motor vehicles, payment of the regular license fees for license plates as provided by law,323 payment of a manufacturing fee of $25.00, and payment of an additional annual registration324 fee of $25.00 which fee as a condition of obtaining an annual revalidation decal or an325 additional registration fee of $125.00 as a condition of obtaining a five-year revalidation326 decal for such license plate. The fee required by this Code section shall be collected by the327 county tag agent at the time of collection of other registration fees and shall be remitted as328 provided in Code Section 40-2-34, shall be issued license plate s as prescribed in Code329 Section 40-2-31 in duplicate for use on their official or priva te passenger automobiles . 330 Such license plates shall be fastened to both the front and the rear of the vehicle. No more331 than two sets of honorary consular corps license plates shall be issued to any country. Such332 plates shall not be used by any person after his or her appointment has ended."333 SECTION 17.334 Said title is further amended in Code Section 40-2-64.1, relating to license plates for official335 representatives of the Taipei Economic and Cultural Representat ives Office, by revising336 subsection (b) as follows:337 "(b) Upon application and compliance with the state motor vehic le laws relating to the338 registration and licensing of motor vehicles and the payment of any registration fees,339 including the $25.00 manufacturing fee and the $35.00 special l icense plate fee or the340 $35.00 special license plate renewal fee, as applicable, official representatives of the Taipei341 Economic and Cultural Representatives Office in the United Stat es who maintain a342 presence in Georgia shall be issued Foreign Organization licens e plates as prescribed in343 Code Section 40-2-31 in duplicate. License plates issued pursu ant to this Code section344 shall be subject to an additional annual registration fee of $3 5.00 as a condition of345 obtaining an annual revalidation decal or an additional registr ation fee of $175.00 as a346 condition of obtaining a five-year revalidation decal for such l i c e n s e p l a t e . T h e f e e347 required by this Code section shall be collected by the county tag agent at the time of348 - 14 - 26 SB 384/AP collection of other registration fees and shall be remitted to the state as provided in Code349 Section 40-2-34. Such license plates shall be fastened to both the front and the rear of the350 vehicle."351 SECTION 18.352 Said title is further amended in Code Section 40-2-65, relating to license plates for active and353 retired reservists and certain members of the National Guard, by revising subsection (a) as354 follows:355 "(a)(1) Motor vehicle owners who are assigned or attached members of troop program356 units of any branch of the active reserve components of the Uni ted States inside or357 outside the State of Georgia shall be eligible to receive free motor vehicle license plates358 for private passenger cars, motorcycles, or trucks used for personal transportation. Motor359 vehicle owners who are members of any National Guard unit in a state adjoining the State360 of Georgia and for whom there is no National Guard unit in the county of their residence361 shall be eligible to receive free motor vehicle plates for priv ate passenger cars,362 motorcycles, or trucks used for personal transportation to identify such vehicle owner as363 a reservist. Such license plates shall be issued in compliance with the state motor vehicle364 laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of365 this chapter. No person shall be entitled to more than one free motor vehicle license plate366 for any calendar year; provided, however, that, upon payment of the regular license fee367 provided for in Code Section 40-2-151 and a manufacturing fee o f $25.00, a reservist368 shall be entitled to receive one additional such license plate. For each additional license369 plate for which an initial $25.00 fee was required, there shall be an additional annual370 registration fee of $25.00, which fee as a condition of obtaining an annual revalidation371 decal or an additional registration fee of $125.00 as a condition of obtaining a five-year372 revalidation decal for such license plate. The fee required by this paragraph shall be373 collected by the county tag agent at the time of collection of other registration fees and374 - 15 - 26 SB 384/AP shall be remitted to the state as provided in Code Section 40-2-34. Additional words or375 symbols in addition to numbers and letters prescribed by law shall be inscribed upon such376 license plates so as to identify distinctively the owner as a m ember of one of the377 following branches of the United States military reserve: Army, Navy, Marines, Air378 Force, Space Force, or Coast Guard. The commanding officer of each active reserve379 component program unit or the adjutant general of the National Guard unit of each380 neighboring state shall, upon request of any reserve member or National Guard member381 of that unit, respectively, furnish to that member approved documentation supporting the382 member's current membership in the respective reserve or Nation al Guard unit. This383 documentation shall be presented annually to the tax commissioner of the county in384 which the reserve member or National Guard member applies for the special license plate385 under this Code section and upon subsequent reregistration for each succeeding year.386 (2) Motor vehicle owners who are retired from any branch of th e active reserve387 components whose active reservists are eligible to obtain free motor vehicle license plates388 under paragraph (1) of this subsection, upon application for li cense plates and upon389 compliance with the state motor vehicle laws relating to regist ration and licensing of390 motor vehicles as prescribed under Article 2 of this chapter, s hall be issued, free of391 charge, a license plate as prescribed in that article for private passenger cars, motorcycles,392 or trucks used for personal transportation. Each such retired member shall be entitled to393 no more than one such free plate for any calendar year; provide d, however, that, upon394 payment of the regular license fee provided for in Code Section 40-2-151 and a395 manufacturing fee of $25.00, a retired member shall be entitled to receive one additional396 such license plate. For each additional license plate for which an initial $25.00 fee was397 required, there shall be an additional annual registration fee of $25.00, which fee as a398 condition of obtaining an annual revalidation decal or an addit ional registration fee of399 $125.00 as a condition of obtaining a five-year revalidation decal for such license plate. 400 The fee required by this paragraph shall be collected by the county tag agent at the time401 - 16 - 26 SB 384/AP of collection of other registration fees and shall be remitted to the state as provided in402 Code Section 40-2-34. The license plates issued pursuant to th is paragraph shall, in403 addition to the numbers and letters prescribed by law, be ident ical to those issued404 pursuant to paragraph (1) of this subsection to members of the branch of the active405 reserve component from which that person retired. The commandi ng officer of each406 active reserve component program unit shall, upon request of any retired reserve member407 from that unit, furnish to that retired member approved documen tation supporting the408 retired member's current retired membership status from that re serve unit. This409 documentation shall be presented to the tax commissioner of the county in which the410 retired reserve member applies for the special license plate under this Code section.411 (3) The license plates issued pursuant to paragraph (2) of thi s subsection shall contain412 the word 'RETIRED' in the location of and in lieu of the name of the county of issuance."413 SECTION 19.414 Said title is further amended in Code Section 40-2-66, relating to license plates for active and415 retired members of the Georgia National Guard, by revising para graphs (1) and (2) of416 subsection (a) as follows:417 "(a)(1) Motor vehicle owners who are members of the Georgia Nat ional Guard, upon418 application for license plates and upon compliance with the sta te motor vehicle laws419 relating to registration and licensing of motor vehicles as prescribed under Article 2 of420 this chapter, shall be issued, free of charge, a license plate, as prescribed in that article for421 private passenger cars, motorcycles, or trucks used for persona l transportation. Each422 member of the Georgia National Guard shall be entitled to no mo re than one such free423 plate at a time; provided, however, that, upon payment of the regular license fee provided424 for in Code Section 48-10-2 and a manufacturing fee of $25.00, a member shall be425 entitled to one additional such license plate. For each additional license plate for which426 an initial $25.00 fee was required, there shall be an additional annual registration fee of427 - 17 - 26 SB 384/AP $25.00 which fee as a condition of obtaining an annual revalidation decal or an additional428 registration fee of $125.00 as a condition of obtaining a five-year revalidation decal for429 such license plate. The fee required by this paragraph shall be collected by the county430 tag agent at the time of collection of other registration fees and shall be remitted to the431 state as provided in Code Section 40-2-34. Additional words or symbols, in addition to432 the numbers and letters prescribed by law, shall be inscribed upon such license plates so433 as to identify distinctively the owner as a member of the Georgia National Guard. The434 adjutant general of Georgia shall, upon request of any member o f that National Guard435 unit, furnish to that member approved documentation supporting the member's current436 membership in that National Guard unit. This documentation shall be presented annually437 to the tax commissioner of the county in which the National Guard member applies for438 the special license plate under this Code section and upon subsequent reregistration for439 each succeeding year.440 (2) Motor vehicle owners who are retired members of the Georgia National Guard, upon441 application for license plates and upon compliance with the sta te motor vehicle laws442 relating to registration and licensing of motor vehicles as prescribed under Article 2 of443 this chapter, shall be issued, free of charge, a license plate as prescribed in that article for444 private passenger cars, motorcycles, or trucks used for persona l transportation. Each445 retired member of the Georgia National Guard shall be entitled to no more than one such446 free plate at a time; provided, however, that, upon payment of the regular license fee447 provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a member shall448 be entitled to one additional such license plate. For each add itional license plate for449 which an initial $25.00 fee was required, there shall be an additional annual registration450 fee of $25.00 which fee as a condition of obtaining an annual revalidation decal or an451 additional registration fee of $125.00 as a condition of obtaining a five-year revalidation452 decal for such license plate. The fee required by this paragraph shall be collected by the453 county tag agent at the time of collection of other registration fees and shall be remitted454 - 18 - 26 SB 384/AP to the state as provided in Code Section 40-2-34. The license plates issued pursuant to455 this paragraph shall, in addition to the numbers and letters prescribed by law, be identical456 to those issued pursuant to paragraph (1) of this subsection. The adjutant general of457 Georgia shall, upon request of any member retired from that National Guard unit, furnish458 to that retired member approved documentation supporting the me mber's retired459 membership status in that National Guard unit. This documentation shall be presented460 annually to the tax commissioner of the county in which the retired Nat ional Guard461 member applies for the special license plate under this Code section and upon subsequent462 reregistration for each succeeding year."463 SECTION 20.464 Said title is further amended in Code Section 40-2-67, relating to license plates for state465 commanders of nationally chartered veterans' organizations, by revising subsection (a) as466 follows:467 "(a) The state commanders of nationally chartered veterans' organizations shall be issued468 license plates as prescribed in Code Section 40-2-31 for use on their official or private469 passenger automobiles, upon application and compliance with the state motor vehicle laws470 relative to the registration and licensing of motor vehicles, u pon payment of the regular471 license fees for license plates as provided by law, and upon the payment of an additional472 initial fee of $25.00 and an additional annual registration fee of $25.00 which fee as a473 condition of obtaining an annual revalidation decal or an addit ional registration fee of474 $125.00 as a condition of obtaining a five-year revalidation de cal for such license plate. 475 The fee required by this subsection shall be collected by the county tag agent at the time476 of collection of other registration fees and shall be remitted as provided in Code Section477 40-2-34, shall be issued license plates as prescribed in Code S ection 40-2-31 for use on478 their official or private passenger automobiles, upon which, . For a license plate issued479 under this Code section, in lieu of the numbers prescribed by said Code section, Code480 - 19 - 26 SB 384/AP Section 40-2-31, there shall be such figures or symbols indicative of the office held by such481 individuals as may be prescribed by the commissioner."482 SECTION 21.483 Said title is further amended by revising Code Section 40-2-81, relating to license plates for484 members of the Georgia State Defense Force, as follows:485 "40-2-81.486 (a) For purposes of this Code section, the term 'Georgia State Defense Force' means that487 organization established pursuant to Part 3 of Article 1 of Chapter 2 of Title 38.488 (b)(1) Motor vehicle and trailer owners who are members of the Georgia State Defense489 Force shall be eligible to receive special and distinctive vehicle license plates for private490 passenger cars, trucks, motorcycles, or recreational vehicles u sed for personal491 transportation. Such license plates shall be issued in complia nce with the state motor492 vehicle laws relating to registration and licensing of motor ve hicles as prescribed in493 Article 2 of this chapter.494 (2)(A) Motor vehicle and trailer owners who are members of the Georgia State495 Defense Force shall be issued, upon application for and upon compliance with the state496 motor vehicle laws relating to registration and licensing of motor vehicles, a Georgia497 State Defense Force member license plate. One such license pla te shall be issued498 without the requisite registration fee, manufacturing fee, or annual registration fee.499 (B) Each member of the Georgia State Defense Force shall be entitled to no more than500 one such free license plate at a time; provided, however, that, upon payment of a501 manufacturing fee of $25.00, a member shall be entitled to one additional such license502 plate. For each additional license plate for which a $25.00 ma nufacturing fee is503 required, there shall be an additional annual registration fee of $25.00 which fee as a504 condition of obtaining an annual revalidation decal or an additional registration fee of505 $125.00 as a condition of obtaining a five-year revalidation decal for such license plate. 506 - 20 - 26 SB 384/AP The fee required by this Code section shall be collected by the county tag agent at the507 time of collection of other registration fees and shall be remitted to the state as provided508 in Code Section 40-2-34.509 (c) The commissioner shall design a Georgia State Defense Force member license plate. 510 The commissioner shall promulgate such rules and regulations as may be necessary to511 enforce compliance with all state license laws relating to the use and operation of private512 passenger cars, trucks, motorcycles, and trailers before issuing these license plates in lieu513 of the regular Georgia license plates. The manufacturing fee f or such special and514 distinctive license plates shall be $25.00. The commissioner is specifically authorized to515 promulgate all rules and regulations necessary to ensure compli ance in instances where516 such vehicles have been transferred or sold. Such Except as provided in subsection (e) of517 this Code section, such plates shall be nontransferable.518 (d) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of519 this chapter for private passenger cars, trucks, motorcycles, and trailers used for personal520 transportation. Such plates shall contain such words or symbols, in addition to the numbers521 and letters prescribed by law, so as to identify distinctively the owners as members of the522 Georgia State Defense Force.523 (e) The license plate issued pursuant to this Code section may be transferred between524 vehicles as provided in Code Section 40-2-80.525 (f) Special license plates issued under this Code section, exc ept as provided in526 subparagraph (b)(2)(A) of this Code section, shall be renewed annually with a revalidation527 decal as provided in Code Section 40-2-31 without payment of an additional $25.00 annual528 registration fee.529 (g) Should a member of the Georgia State Defense Force who has be en issued a license530 plate or license plates be discharged or otherwise separated from the Georgia State Defense531 Force, the member shall forward his or her Georgia State Defense Force member license532 plate or plates to the commissioner along with a certificate to the effect that such person533 - 21 - 26 SB 384/AP has been discharged or otherwise separated from the Georgia Sta te Defense Force, and534 thereupon the commissioner shall issue a regular license plate, at no additional charge, to535 such former member of the Georgia State Defense Force to replac e the Georgia State536 Defense Force member plate or plates."537 SECTION 22.538 Said title is further amended in Code Section 40-2-84, relating to license plates for Purple539 Heart recipients, by revising subsection (e) as follows:540 "(e) For each additional special license plate issued under this Code section there shall be541 an additional $25.00 annual registration fee which fee of $25.00 as a condition of obtaining542 an annual revalidation decal or an additional registration fee of $125.00 as a condition of543 obtaining a five-year revalidation decal for such license plate . The fee required by this544 Code section shall be collected by the county tag agent at the time of coll ection of other545 registration fees and shall be remitted to the state as provided in Code Section 40-2-34."546 SECTION 23.547 Said title is further amended in Code Section 40-2-85, relating to license plates for veterans548 who survived attack on Pearl Harbor, by revising subsection (e) as follows:549 "(e) Special license plates issued under this Code section shall be renewed annually with550 a revalidation decal as provided in Code Section 40-2-31. It shall be a requirement that a551 county name decal shall be affixed and displayed on license plates issued under this Code552 section subject to an additional annual registration fee of $25.00 as a condition of obtaining553 an annual revalidation decal or an additional registration fee of $125.00 as a condition of554 obtaining a five-year revalidation decal for such license plate . The fee required by this555 Code section shall be collected by the county tag agent at the time of collection of other556 registration fees and shall be remitted to the state as provided in Code Section 40-2-34."557 - 22 - 26 SB 384/AP SECTION 24.558 Said title is further amended in Code Section 40-2-85.1, relating to license plates for certain559 veterans, by revising subparagraph (b)(2)(B) and subsections (e.1) and (f) as follows:560 "(B) Each member or former member of the armed forces of the Un ited States listed561 in this subsection shall be entitled to no more than one such free license plate at a time;562 provided, however, that, upon payment of a manufacturing fee of $25.00, a member563 shall be entitled to one additional such license plate. For each additional license plate564 for which a $25.00 manufacturing fee is required, there shall b e an additional annual565 registration fee of $25.00, and such fee as a condition of obtaining an annual566 revalidation decal or an additional registration fee of $125.00 as a condition of567 obtaining a five-year revalidation decal for such license plate. The fee required by this568 subparagraph shall be collected by the county tag agent at the time of collection of other569 registration fees and shall be remitted to the state as provided in Code Section 40-2-34."570 "(e.1)(f) The spouse of any person eligible to be issued a special license plate under this571 Code section shall also be eligible for such license plate, pro vided that no motor vehicle572 is registered in the name of the eligible person and all other requirements relating to573 registration and licensing relative to motor vehicles as prescr ibed in Article 2 of this574 chapter have been satisfied.575 (f)(g) Special license plates issued under this Code section, except as provided in576 subparagraph (b)(2)(A) of this Code section, shall be renewed annually with a revalidation577 decal as provided in Code Section 40-2-31 without payment of an additional $25.00 annual578 registration fee subject to an additional annual registration fee of $25.00 as a condition of579 obtaining an annual revalidation decal or an additional registr ation fee of $125.00 as a580 condition of obtaining a five-year revalidation decal for such l i c e n s e p l a t e . T h e f e e581 required by this Code section shall be collected by the county tag agent at the time of582 collection of other registration fees and shall be remitted to the state as provided in Code583 Section 40-2-34."584 - 23 - 26 SB 384/AP SECTION 25.585 Said title is further amended in Code Section 40-2-85.2, relating to license plates for veterans586 of the Chosin Reservoir Campaign, by revising subsection (e) as follows:587 "(e) Special license plates issued under this Code section shall be renewed annually with588 a revalidation decal, as provided in Code Section 40-2-31, with out payment of an589 additional $25.00 annual registration fee subject to an additional annual registration fee of590 $25.00 as a condition of obtaining an annual revalidation decal or an additional registration591 fee of $125.00 as a condition of obtaining a five-year revalida tion decal for such license592 plate. The fee required by this Code section shall be collected by the county tag agent at593 the time of collection of other registration fees and shall be remitted to the state as provided594 in Code Section 40-2-34.595 (f) Special license plates issued under this Code section shall b e transferred between596 vehicles as provided in Code Section 40-2-80."597 SECTION 26.598 Said title is further amended in Code Section 40-2-85.3, relating to license plates for Gold599 Star family members, by revising subsections (d) through (g) as follows:600 "(d) Any motor vehicle owner who is a resident of Georgia, othe r than one registering601 under the International Registration Plan, upon complying with state laws relating to602 registration and licensing of motor vehicles shall be issued such a special license plate upon603 application therefor. Special license plates issued under this Code section shall be renewed604 annually with a revalidation decal as provided in Code Section 40-2-31. Upon payment605 of all ad valorem taxes and other fees due at registration of a motor vehicle, an eligible606 family member may apply for a Gold Star license plate. In order to qualify as an eligible607 family member for purposes of this Code section, the person must be related to the fallen608 service member as a spouse, mother, father, sibling, child, stepparent, or surviving spouse609 of such service member's sibling. Up to two free license plate s shall be allowed for any610 - 24 - 26 SB 384/AP eligible family member and they may purchase additional license plates for each motor611 vehicle they register in this state. If a Gold Star license plate is lost, damaged, or stolen,612 the eligible family member must pay the reasonable cost, to be established by the613 department, but not to exceed the cost of other specialty license plates, to replace the Gold614 Star license plate An eligible family member shall be entitled to no more than tw o free615 license plates at a time; provided, however, that an eligible family member shall be entitled616 to additional license plates upon payment of a manufacturing fe e of $25.00. For each617 additional license plate for which a $25.00 manufacturing fee is required, there shall be an618 additional annual registration fee of $35.00 as a condition of obtaining an annual619 revalidation decal or an additional registration fee of $175.00 as a condition of obtaining620 a five-year revalidation decal for such license plate. The fee required by this Code section621 shall be collected by the county tag agent at the time of collection of other registration fees622 and shall be remitted to the state as provided in Code Section 40-2-34.623 (e) Whether a service member is deemed to have been killed in action shall be determined624 by the classification of death as listed by the United States Department of Defense and may625 be verified from documentation directly from the Department of Defense.626 (f) Free Gold Star license plates shall be issued only to elig ible family members who627 resided in Georgia at the time of the death of the service memb er. However,; provided,628 however, that an eligible family member who was not a resident of Georgia at the time of629 the death of the service member may purchase a Gold Star licens e plate, at a cost to be630 established by the department, not to exceed the cost of other specialty license plates shall631 be entitled to such license plate upon payment of a manufacturing fee of $25.00.632 (g) Renewal decals shall be issued at no cost to any person th at received a free license633 plate under the provisions of this Code section upon the payment of ad valorem taxes and634 other registration fees, provided that the renewal is applied for on or within 30 days prior635 to the renewal date of the eligible person. If the eligible person fails to renew within such636 time, he or she shall pay a standard renewal fee and be subject to the standard penalties for637 - 25 - 26 SB 384/AP late payment of ad valorem taxes due on the motor vehicle A special license plate issued638 to an eligible family member pursuant to this Code section shal l be issued the required639 revalidation decal at no cost. Any special license plate issued pursuant to this Code section640 for a fee shall be subject to an additional annual registration fee of $35.00 as a condition641 of obtaining an annual revalidation decal or an additional registration fee of $175.00 as a642 condition of obtaining a five-year revalidation decal for such l i c e n s e p l a t e . T h e f e e643 required by this Code section shall be collected by the county tag agent at the time of644 collection of other registration fees and shall be remitted to the state as provided in Code645 Section 40-2-34."646 SECTION 27.647 Said title is further amended in Code Section 40-2-86, relating to license plates promoting648 or supporting certain agencies, funds, or nonprofit corporations with proceeds disbursed to649 the general fund and the agency, fund, or nonprofit corporation , by revising subparagraph650 (a)(1)(C) as follows:651 "(C) 'Special license plate renewal fee' means a $35.00 fee the fee required to be paid652 at the time a revalidation decal is issued for a special licens e plate. For an annual653 revalidation decal, such fee shall be $35.00 and for a five-year revalidation decal, such654 fee shall be $175.00."655 SECTION 28.656 Said title is further amended in Code Section 40-2-86.1, relating to license plates promoting657 or supporting certain agencies, funds, or nonprofit corporations or issued to qualified motor658 vehicles or owners with proceeds deposited in the general fund, by revising subsection (d)659 as follows:660 "(d) Any Georgia resident who is the owner of a motor vehicle, except a vehicle registered661 under the International Registration Plan, upon complying with the motor vehicle laws662 - 26 - 26 SB 384/AP relating to registration and licensing of motor vehicles and up on the payment of a663 manufacturing fee of $25.00 and a special license plate fee of $35.00, in addition to the664 regular motor vehicle registration fee, shall be able to apply for a special license plate listed665 in subsection (l) of this Code section. Revalidation decals sh all be issued for special666 license plates in the same manner as provided for general issue license plates., with the667 addition of a $35.00 special license plate renewal fee, For an annual revalidation decal,668 such fee shall be $35.00 and for a five-year revalidation decal, such fee shall be $175.00,669 provided that special license plates issued pursuant to paragraph (9) of subsection (l) of this670 Code section shall be exempt from such special license plate renewal fee."671 SECTION 29.672 Said title is further amended in Code Section 40-2-151, relatin g to annual license fees for673 operation of vehicles, fee for permanent licensing of certain t railers, and fee for new674 passenger car with paid title ad valorem taxes, by revising subsection (c) as follows:675 "(c) The fee for a new motor vehicle which is a passenger car for which the purchaser has676 paid state and local title ad valorem taxes and that is being r egistered as provided in677 subsection (d) of Code Section 40-2-20 shall be $40.00 for the two-year registration period. 678 Upon the election of a five-year motor vehicle registration and revalidation decal by an679 owner of an eligible motor vehicle, the fees for the licensing of the operation of such680 eligible motor vehicle shall be five times the applicable amount set forth in subsection (a)681 of this Code section for the five-year registration period."682 SECTION 30.683 Said title is further amended by adding a new Code section to read as follows:684 "40-2-139.685 (a) For purposes of aiding in the enforcement of any emission inspection certification686 requirements under Article 2 of Chapter 9 of Title 12, any emis sion inspection station687 - 27 - 26 SB 384/AP holding a valid certificate of authorization from the Department of Natural Resources shall688 electronically transmit notice of the issuance of an emission inspection certification to the689 department within seven days of such issuance. Such notice sha ll include the name and690 contact information of the emission inspection station, the vehicle identification number691 to which such certificate has been issued, and the make and mod el year of such motor692 vehicle. The department shall prescribe the form and manner of electronic transmission693 for the purposes of complying with this Code section.694 (b) The department shall identify when a motor vehicle owner is required to comply with695 emission inspection certification requirements under Article 2 of Chapter 9 of Title 12, and696 no motor vehicle registration or renewal thereof shall be issue d without notice to the697 department pursuant to this Code section that an emission inspection certification has been698 issued for such vehicle.699 (c)(1) The department shall monitor the reporting by emission inspection stations of the700 issuance of emission inspection certifications. When a five-ye ar registration has been701 issued by the department for a vehicle identification number recorded in the department's702 motor vehicle records that is required to comply with emission certification requirements703 under Article 2 of Chapter 9 of Title 12, the department shall annually verify that the704 required emission inspection certification notice has been transmitted. The department705 shall notify the owner of a motor vehicle with a five-year regi stration period that lacks706 the required annual emission inspection certification. The dep artment shall send such707 notice to the address of the owner of the motor vehicle shown i n the records of the708 department unless such owner has consented to electronic notifi cations and709 communications pursuant to Code Section 40-1-9.710 (2) It shall be the duty of the owner of a motor vehicle recei ving notice pursuant to711 paragraph (1) of this subsection to obtain an emission inspection certification and provide712 proof of such certification to the department within 30 days of receipt of such notice. If713 proof of an emission inspection certification is not provided w ithin the time period714 - 28 - 26 SB 384/AP specified in this Code section, the owner's motor vehicle registration shall be suspended715 immediately by operation of law by the department. When such proof is provided and716 the owner pays a $60.00 restoration fee, the suspension shall terminate. If any restoration717 fee provided for in this Code section is paid to the county tax commissioner, the county718 shall retain $10.00 thereof as a collection fee."719 SECTION 31.720 This Act shall become effective on July 1, 2027.721 SECTION 32.722 All laws and parts of laws in conflict with this Act are repealed. 723 - 29 -