Georgia 2023 2023-2024 Regular Session

Georgia Senate Bill SB35 Comm Sub / Bill

Filed 03/14/2023

                    23 LC 39 3886S
S. B. 35 (SUB)
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The House Committee on Motor Vehicles offers the following substitute to SB 35:
A BILL TO BE ENTITLED
AN ACT
To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated,1
relating to prestige license plates and special plates for certain persons and vehicles, so as to2
provide for the design of special license plates issued to retired members of the active reserve3
components and the Georgia National Guard; to provide for a special license plate for4
amateur radio station license holders; to provide for qualifications; to provide for design of5
such plate; to provide for conforming changes; to amend Code Section 48-5-478 of the6
Official Code of Georgia Annotated, relating to constitutional exemption from motor vehicle7
ad valorem taxation for disabled veterans, so as to remove a requirement that a motor vehicle8
display a certain license plate in order to qualify for an exemption from ad valorem taxation;9
to limit applicability of such exemption to a single vehicle; to provide for clarification that10
such exemption applies to alternative title ad valorem taxes; to authorize the adoption of rules11
and regulations; to provide for related matters; to provide for an effective date; to repeal12
conflicting laws; and for other purposes.13
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14 23 LC 39 3886S
S. B. 35 (SUB)
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SECTION 1.15
Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to16
prestige license plates and special plates for certain persons and vehicles, is amended in Code17
Section 40-2-65, relating to special license plates for members of active reserve components18
of the United States, by revising paragraph (2) of subsection (a) as follows:19
"(2)  Motor vehicle owners who are retired from any branch of the active reserve20
components whose active reservists are eligible to obtain free motor vehicle license plates21
under paragraph (1) of this subsection, upon application for license plates and upon22
compliance with the state motor vehicle laws relating to registration and licensing of23
motor vehicles as prescribed under Article 2 of this chapter, shall be issued, free of24
charge, a license plate as prescribed in that article for private passenger cars, motorcycles,25
or trucks used for personal transportation.  Each such retired member shall be entitled to26
no more than one such free plate for any calendar year; provided, however, that, upon27
payment of the regular license fee provided for in Code Section 40-2-151 and a28
manufacturing fee of $25.00, a retired member shall be entitled to receive one additional29
such license plate.  For each additional license plate for which an initial $25.00 fee was30
required, there shall be an additional annual registration fee of $25.00, which fee shall be31
collected by the county tag agent at the time of collection of other registration fees and32
shall be remitted to the state as provided in Code Section 40-2-34.  The license plates33
issued pursuant to this paragraph shall, in addition to the numbers and letters prescribed34
by law, be identical to those issued pursuant to paragraph (1) of this subsection to35
members of the branch of the active reserve component from which that person retired;36
provided, however, that 'Retired' shall be included in lieu of the name of the county of37
issuance.  The commanding officer of each active reserve component program unit shall,38
upon request of any retired reserve member from that unit, furnish to that retired member39
approved documentation supporting the retired member's current retired membership40
status from that reserve unit.  This documentation shall be presented to the tax41 23 LC 39 3886S
S. B. 35 (SUB)
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commissioner of the county in which the retired reserve member applies for the special42
license plate under this Code section."43
SECTION 2.44
Said article is further amended in Code Section 40-2-66, relating to special license plates for45
members of Georgia National Guard, by revising paragraph (2) of subsection (a) as follows:46
"(2)  Motor vehicle owners who are retired members of the Georgia National Guard, upon47
application for license plates and upon compliance with the state motor vehicle laws48
relating to registration and licensing of motor vehicles as prescribed under Article 2 of49
this chapter, shall be issued, free of charge, a license plate as prescribed in that article for50
private passenger cars, motorcycles, or trucks used for personal transportation.  Each51
retired member of the Georgia National Guard shall be entitled to no more than one such52
free plate at a time; provided, however, that, upon payment of the regular license fee53
provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a member shall54
be entitled to one additional such license plate.  For each additional license plate for55
which an initial $25.00 fee was required, there shall be an additional annual registration56
fee of $25.00 which fee shall be collected by the county tag agent at the time of collection57
of other registration fees and shall be remitted to the state as provided in Code Section58
40-2-34.  The license plates issued pursuant to this paragraph shall, in addition to the59
numbers and letters prescribed by law, be identical to those issued pursuant to paragraph60
(1) of this subsection; provided, however, that 'Retired' shall be included in lieu of the61
name of the county of issuance.  The adjutant general of Georgia shall, upon request of62
any member retired from that National Guard unit, furnish to that retired member63
approved documentation supporting the member's retired membership status in that64
National Guard unit.  This documentation shall be presented annually to the tax65
commissioner of the county in which the retired National Guard member applies for the66 23 LC 39 3886S
S. B. 35 (SUB)
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special license plate under this Code section and upon subsequent reregistration for each67
succeeding year."68
SECTION 3.69
Said article is further amended by revising Code Section 40-2-75, designated as reserved, as70
follows:71
"40-2-75.72
(a)  Motor vehicle owners who are residents of this state and who hold an unrevoked and73
unexpired official amateur radio station license issued by the Federal Communications74
Commission, when accompanied by proof of such license and upon full compliance with75
state motor vehicle laws in relation to registration and licensing of motor vehicles, shall be76
issued upon application a special design license plate for a passenger car.  Upon such77
license plate, which shall be free of charge, shall be inscribed the official amateur radio call78
letters of such applicant as assigned by the Federal Communications Commission.  Each79
licensed amateur radio operator shall be entitled to no more than one such free license plate80
at a time.  Such plates shall be transferred to another vehicle as provided in Code81
Section 40-2-80.82
(b)  The commissioner shall design the license plate authorized by this Code section and83
may consult with the Georgia Section of the Amateur Radio Relay League and their84
licensed amateur radio operators residing in this state for such purposes.  The85
commissioner shall promulgate rules and regulations necessary to effectuate the purposes86
of this Code section.87
(c)  No person who receives compensation in any form for his or her services in making88
amateur radio communication available to the public or to individuals, firms, corporations,89
or organizations pursuant to 47 C.F.R. Part 97 shall be eligible for a license plate issued90
pursuant to this Code section. Reserved."91 23 LC 39 3886S
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SECTION 4.92
Said article is further amended in Code Section 40-2-86.1, relating to special license plates93
promoting or supporting certain worthy agencies, funds, or nonprofit corporations and94
qualified motor vehicles or drivers with proceeds deposited into the general fund, by revising95
paragraph (6) of subsection (l) as follows:96
"(6)  Reserved. A special license plate identifying residents of the State of Georgia who97
hold an unrevoked and unexpired official amateur radio station license issued by the98
Federal Communications Commission.  The special license plate shall be inscribed with99
the official amateur radio call letters of such applicant as assigned by the Federal100
Communications Commission.  The funds raised by the sale of this license plate shall be101
deposited in the general fund."102
SECTION 5.103
Code Section 48-5-478 of the Official Code of Georgia Annotated, relating to constitutional104
exemption from motor vehicle ad valorem taxation for disabled veterans, is amended by105
revising subsection (a) as follows:106
"(a)  A motor vehicle owned by or leased to a disabled veteran who is a citizen and resident107
of this state and on which such disabled veteran actually places the free disabled veteran108
motor vehicle license plate he or she receives pursuant to Code Section 40-2-69 is hereby109
exempted from all ad valorem taxes for state, county, municipal, and school purposes,110
including any alternative title ad valorem tax assessed pursuant to Code Section 48-5C-1.111
Such exemption shall be applicable to a single motor vehicle owned by or leased to a112
disabled veteran.  As used in this Code section, the term 'disabled veteran' shall have the113
same meaning as that term is defined in paragraph (1) of subsection (a) of Code114
Section 48-5-48.  The department may issue such rules and regulations as are necessary to115
implement this subsection."116 23 LC 39 3886S
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SECTION 6.117
This Act shall become effective on January 1, 2024.118
SECTION 7.119
All laws and parts of laws in conflict with this Act are repealed.120