Bill Text: GA HB127 | 2011-2012 | Regular Session | Comm Sub
Bill Title: Special license plates; amateur radio operators; provide
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Introduced - Dead) 2011-04-14 - House Withdrawn, Recommitted [HB127 Detail]
Download: Georgia-2011-HB127-Comm_Sub.html
11 LC 21
1105S
The House Committee on Motor Vehicles offers the following substitute to HB
127:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia
Annotated, relating to prestige license plates and special plates for certain
persons and vehicles, so as to provide for special license plates for amateur
radio operators; to provide for conditions; to provide for a design; to provide
for a list of eligible names; to provide for rules and regulations; to provide
for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating
to prestige license plates and special plates for certain persons and vehicles,
is amended by revising Code Section 40-2-75, which is reserved, as
follows:
"40-2-75.
Reserved.
(a)
Motor vehicle owners who are residents of the State of Georgia and who hold an
unrevoked and unexpired official amateur radio station license issued by the
Federal Communications Commission, upon application, accompanied by proof of
ownership of such license and payment of a tag manufacturing fee of $20.00, and
upon full compliance with the state motor vehicle laws in relation to
registration and licensing of motor vehicles shall be issued, free of charge, a
special design license plate for a private passenger vehicle upon which shall be
inscribed the official amateur radio call letters of such applicant as assigned
by the Federal Communications Commission. Each licensed amateur radio operator
shall be entitled to no more than one such free plate at a time. The
commissioner may consult with licensed amateur radio operators residing in the
State of Georgia in the design of the special licence plate authorized by this
subsection.
(b)
The commissioner shall, on or before March 1 in each year, furnish to the
sheriff of each county in the State of Georgia an alphabetical arrangement of
the list of names, addresses, and license plate letters of each person to whom a
license plate is issued under this Code section, and it shall be the duty of the
sheriffs of the state to maintain and to keep current such lists for public
information and inquiry.
(c)
The commissioner shall make such rules and regulations as necessary to ascertain
compliance with all state license laws relating to use and operation of a
private passenger vehicle before issuing these plates in lieu of the regular
Georgia license plate. Such plates shall be transferred to another vehicle as
provided in Code Section 40-2-80.
(d)
No person to whom license plates are issued under this Code section shall
receive compensation in any form for his or her services in making amateur radio
communication available to the public or to individuals, firms, corporations, or
organizations."
SECTION
2.
Said
article is further amended by revising subsection (l) of Code Section 40-2-86.1,
relating to special license plates promoting certain beneficial projects and
supporting certain worthy agencies, funds, or nonprofit corporations, as
follows:
"(l)(1)
The General Assembly has determined that license plates promoting the agencies,
funds, or nonprofit corporations listed in this subsection shall be issued for
the purposes indicated and the revenue shall be deposited in the general fund,
subject to the appropriation process of the General Assembly.
(2)
A special license plate identifying persons with diabetes. The main purpose of
the special license plate is that law enforcement officers and emergency
personnel will be alerted to the potential for special needs before they
approach the driver of a vehicle, especially if the vehicle has been involved in
an accident. The funds raised by the sale of this special license plate shall
be deposited in the general fund.
(3)
A special license plate honoring all veterans who have served in the armed
services of the United States. All of these men and women have sacrificed a
portion of their lives in order to serve their country and protect our freedom.
The funds raised by the sale of this special license plate shall be deposited in
the general fund.
(4)
A special license plate honoring the Georgia Association of Realtors. The
Association is being honored for its long-standing support of housing
opportunities for all citizens of this state, private property rights, and all
organizations that assist people in achieving the American dream of home
ownership. The funds raised by the sale of this special license plate shall be
deposited in the general fund.
(5)
A special license plate honoring Georgia municipal clerks. The municipal
clerk's office provides the professional link connecting citizens with their
local governing bodies and agencies of government at other levels. The funds
raised by the sale of this license plate shall be deposited in the general
fund.
(6)
A special
license plate identifying residents of the State of Georgia who hold an
unrevoked and unexpired official amateur radio station license issued by the
Federal Communication Commission. The special license plate shall be inscribed
with the official amateur radio call letters of such applicant as assigned by
the Federal Communication Commission. The funds raised by the sale of this
license plate shall be deposited in the general
fund
Reserved.
(7)(A)
A special license plate to be issued for alternative fueled vehicles, which
license plate shall be similar in design to the license plate issued to all
other residents of
the
this
state except that the commissioner shall place a distinctive logo or emblem on
the license plate which shall distinguish the vehicle as an alternative fueled
vehicle eligible to travel in travel lanes designated for such vehicles under
paragraph (4) of subsection (a) of Code Section 32-9-4. The words 'alternative
fueled vehicle' shall be imprinted on such special license plate in lieu of the
county name decal. The funds raised by the sale of this license plate shall be
deposited in the general fund.
(B)
As used in this paragraph, the term:
(i)
'Alternative fuel' means methanol, denatured ethanol, and other alcohols;
mixtures containing 85 percent or more or such other percentage, but not less
than 70 percent, as determined by the United States secretary of energy, by rule
as it existed on January 1, 1997, to provide for requirements relating to cold
start, safety, or vehicle functions, by volume of methanol, denatured ethanol,
and other alcohols with gasoline or other fuels; natural gas; liquefied
petroleum gas; hydrogen; coal derived liquid fuels; fuels other than alcohol
derived from biological materials;
electricity,
including electricity from solar energy; and any other fuel the United States
secretary of energy determined by rule as it existed on January 1, 1997, is
substantially not petroleum and would yield substantial energy security benefits
and substantial environmental benefits.
(ii)
'Alternative fueled vehicle' means:
(I)
Any vehicle fueled by alternative fuel as defined in division (i) of this
subparagraph; or
(II)
A hybrid vehicle, which means a motor vehicle which draws propulsion energy from
onboard sources of stored energy which include an internal combustion or heat
engine using combustible fuel and a rechargeable energy storage system; and, in
the case of a passenger automobile or light truck, means for any 2000 and later
model, a vehicle which has received a certificate of conformity under the Clean
Air Act, 42 U.S.C. Section 7401, et seq., and meets or exceeds the equivalent
qualifying California low-emission vehicle standard under Section 243(e)(2) of
the Clean Air Act, 42 U.S.C. Section 7583(c)(2), for that make and model year
or, for any 2004 and later model, a vehicle which has received a certificate
that such vehicle meets or exceeds the Bin 5 Tier II emission level established
in regulations prescribed by the administrator of the Environmental Protection
Agency under Section 202(i) of the Clean Air Act, 42 U.S.C. Section 7521(i), for
that make and model year vehicle and which achieves a composite label fuel
economy greater than or equal to 1.5 times the Model Year 2002 EPA composite
class average for the same vehicle class and which is made by a
manufacturer.
(8)
A special license plate for antique or hobby or special interest vehicles. As
used in this paragraph, the term 'antique or hobby or special interest vehicle'
means any motor vehicle or motor cycle or a motor vehicle which has been
designed and manufactured to resemble an antique or historical vehicle and which
is owned as a collector's item and for participation in club activities,
exhibitions, tours,
parades,
and similar uses but which may be used for general transportation. No owner of
such antique vehicle or hobby or special interest vehicle shall be required to
obtain any special permits for its operation on the roads of this state. The
funds raised by the sale of this license plate shall be deposited in the general
fund.
(9)(A)
A special license plate for owners of a private passenger car or truck used for
personal transportation, who are firefighters certified pursuant to Article 1 of
Chapter 4 of Title 25 and who are members of fire departments certified pursuant
to Article 2 of Chapter 3 of Title 25 and motor vehicle owners who are certified
firefighters of legally organized volunteer fire departments which have been
certified pursuant to Article 2 of Chapter 3 of Title 25. Such license plate
shall be inscribed with such letters, numbers, words, symbols, or a combination
thereof as determined by the commissioner to identify the owner as a certified
firefighter. The chiefs of the various fire departments shall furnish to the
commissioner a list of the certified firefighters of their fire departments who
reside in Georgia which list shall be updated as necessary. The funds raised by
the sale of this license plate shall be deposited in the general
fund.
(B)
Should a certified firefighter who has been issued a special and distinctive
license plate be separated from such firefighter's department for any reason
other than retirement from employment, the chief of such fire department shall
obtain the separated member's license plate at the time of the separation and
shall forward same to the commissioner along with a certificate to the effect
that such person has been separated, and thereupon the commissioner shall
reissue a regular license plate, at no additional charge, to such former
certified firefighter to replace the special and distinctive plate. Should a
certified firefighter return to service with the same or another fire
department, the chief of such fire department shall likewise secure the regular
license plate of such person and return same to the commissioner, along with a
certificate to the effect that such person has become a member of the fire
department, and the effective date thereof, whereupon the commissioner shall,
upon application and upon the payment of a $35.00 manufacturing fee and all
other applicable registration and licensing fees at the time of registration,
reissue a special and distinctive license plate to such new member to replace
the returned regular plate. Upon such request for a change in plate for a
certified firefighter who is separated from a fire department, the chief of the
fire department shall furnish such member with a copy of the chief's letter to
the commissioner requesting the appropriate change in plate, which copy of such
letter may be used by such member pending the issuance of the new
plate.
(C)
Motor vehicle owners who were firefighters certified pursuant to Article 1 of
Chapter 4 of Title 25 or were members of fire departments certified pursuant to
Article 2 of Chapter 3 of Title 25 and who retired from employment as such shall
continue to be eligible for the firefighter license plates issued under this
paragraph the same as if they continued to be certified and employed as
firefighters. Whenever such a certified firefighter who has been issued a
special and distinctive license plate is retired from employment with such
firefighter's department, the chief of such fire department shall forward to the
commissioner a certificate to the effect that such person has been
retired.
(D)
The spouse of a deceased firefighter shall continue to be eligible to be issued
a distinctive special firefighter's license plate as provided in this paragraph
so long as such person does not remarry.
(10)
A special license plate supporting Rotary International. The design of the
special license plate, excepting only the Rotary International logo and motto
'Service Above Self' and the years 1905-2005 and any other part of the design
owned by others and licensed to the state, shall be owned solely by the State of
Georgia for its exclusive use and control, except as authorized by the
commissioner. The funds raised by the sale of this license plate shall be
deposited in the general fund.
(11)
A special license plate for any Georgia resident who is the owner of a private
passenger motor vehicle and provides proof of certification or licensure by the
State of Georgia as an emergency medical technician, paramedic, or owner of a
licensed ambulance service in the State of Georgia promoting the EMS Star of
Life Symbol. Such license plate shall display the National Highway Traffic
Safety Administration's EMS Star of Life Symbol and the initials 'EMS.' The
funds raised by the sale of this license plate shall be deposited in the general
fund."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.