Bill Text: GA HB1055 | 2009-2010 | Regular Session | Comm Sub
Bill Title: Drivers' licenses; fees for temporary licenses or identification cards; change
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2010-05-12 - Effective Date [HB1055 Detail]
Download: Georgia-2009-HB1055-Comm_Sub.html
10 LC
18 9222ERS
The
Senate Finance Committee offered the following substitute to HB
1055:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend provisions of the Official Code of Georgia Annotated relating to fees; to
change the amount of the fees; to provide for new fees; to provide for
promulgation of rules and regulations regarding fees; to change fees and certain
other provisions regarding special license plates; to provide for the retention
of certain fees by state agencies or other entities; to change fees and certain
other provisions regarding bona fide coin operated amusement machines; to
correct cross-references in the Official Code of Georgia Annotated; 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.
Title
2 of the Official Code of Georgia Annotated, relating to agriculture, is amended
by revising Code Section 2-1-5, relating to license fees for grain dealers,
commercial feed dealers, and grain warehousemen, as follows:
"2-1-5.
An
individual conducting business as a grain dealer, commercial feed dealer, and
grain warehouseman shall pay an annual license fee in an amount not
to exceed
$2,000.00
less than
$1,500.00 nor more than $3,000.00. Any fees collected pursuant to this Code
section shall be retained pursuant to the provisions of Code Section
45-12-92.1."
SECTION
2.
Said
title is further amended by revising Code Section 2-2-8.1, relating to the
Farmers and Consumers Market Bulletin, as follows:
"2-2-8.1.
The
Commissioner is authorized to publicize and request, by means of publication of
appropriate notices in the
Farmers and Consumers
Market Bulletin
and the
Poultry
Market News, contributions to be used
exclusively for the compilation, publication, printing, and distribution of the
Farmers and Consumers
Market Bulletin
and the
Poultry
Market News.
Any
voluntary contribution made for such purpose shall be received by the
Commissioner, shall be separately accounted for, need not be deposited in the
state treasury, and shall be used and expended solely for the purpose
donated."
SECTION
3.
Said
title is further amended by revising subsection (f) of Code Section 2-7-55,
relating to registration of pesticides, as follows:
"(f)
The applicant desiring to register a pesticide shall pay an annual registration
fee to the Commissioner for each pesticide registered for such applicant. The
amount of such fee shall be established by the Commissioner in an amount not
to exceed
$100.00
less than
$100.00 nor more than $200.00 per annum.
All such registrations shall expire on December 31 of any one year, provided
that if the Commissioner adopts a multiple-year registration period, the annual
registration fee per product shall be compounded for the number of years
included in the multiple-year registration. A registration for a special local
need pursuant to subsection (i) of this Code section which is disapproved by the
administrator of the Environmental Protection Agency shall expire on the
effective date of the administrator's disapproval.
Any fees
collected pursuant to this Code section shall be retained pursuant to the
provisions of Code Section
45-12-92.1."
SECTION
4.
Said
title is further amended by revising subsection (b) of Code Section 2-7-57,
relating to licensing of restricted use pesticide dealers, as
follows:
"(b)
Application for a license shall be accompanied by a
$15.00
$55.00
annual license fee, shall be on a form prescribed by the Commissioner, and shall
include the full name of the person applying for such license. If the applicant
is a partnership, association, corporation, or organized group of persons, the
full name of each member of the firm or partnership or the names of the
principal officers of the association or corporation shall be given on the
application. Such application shall further state the address of the outlet to
be licensed, the principal business address of the applicant, and any other
necessary information prescribed by the Commissioner.
Any fees
collected pursuant to this Code section shall be retained pursuant to the
provisions of Code Section
45-12-92.1."
SECTION
4.1.
Said
title is further amended by repealing Code Section 2-7-66, relating to
disposition of pesticide funds, and designating it as "Reserved."
SECTION
4.2.
Said
title is further amended by revising subsection (b) of Code Section 2-7-71,
relating to judicial actions after service of a stop sale, use, or removal order
on a pesticide dealer or device, as follows:
"(b)
If the pesticide or device is condemned, after entry of decree it shall be
disposed of by destruction or sale as the court directs; and if such pesticide
or device is sold, the proceeds, less costs, including legal costs, shall be
paid to the
state treasury as provided in Code Section
2-7-66
retained
pursuant to the provisions of Code Section
45-12-92.1, provided that the pesticide or
device shall not be sold contrary to this article or regulations adopted
hereunder. Upon payment of costs and execution and delivery of a good and
sufficient bond conditioned that the pesticide or device shall not be disposed
of unlawfully, the court may direct that the pesticide or device be delivered to
the owner thereof for relabeling, reprocessing, removal from the state, or
otherwise bringing the product into compliance."
SECTION
5.
Said
title is further amended by revising paragraph (1) of subsection (a) and
subparagraph (b)(2)(C) of Code Section 2-7-99, relating to a pesticide
contractor's license, as follows:
"(1)
REQUIRED;
ADDITIONAL REQUIREMENT; FEE. No person
shall engage in the business of contracting for the application of any pesticide
to the lands of another within this state at any time without a pesticide
contractor's license issued by the Commissioner for each business location. In
addition to the pesticide contractor's license, each business location must
maintain, in full-time employment during all periods of operation, at least one
certified commercial pesticide applicator. The Commissioner shall require an
annual fee of
$15.00
$55.00
for each pesticide contractor's license issued.
Any fees
collected pursuant to this Code section shall be retained pursuant to the
provisions of Code Section
45-12-92.1."
"(C)
Issuance; fees; renewal. If the Commissioner finds the applicant qualified to
apply pesticides in the classification or classifications he
or
she has applied for, the Commissioner
shall issue a certified commercial pesticide applicator's license. Effective
August 21, 1980, all new certified commercial pesticide applicator licenses
shall be issued for a period of five years from the date of certification. The
fee for the five-year license shall be
$25.00
$90.00.
Licenses shall be subject to renewal on the day following expiration, based on
such recertification requirements as the Commissioner may establish by
regulation,
provided that all such licenses previously issued on an annual basis and
expiring December 31, 1980, shall be renewable January 1, 1981, for the
remaining portion of their five-year certification
period.
Fees for
such license renewals shall be:
|
Expiration
Date of
Current
Certification
|
1982
|
1983
|
1984
|
1985
|
|
February
20
|
$_____
|
$11.00
|
$16.00
|
$21.00
|
|
April
20
|
_____
|
12.00
|
17.00
|
21.00
|
|
June
20
|
_____
|
13.00
|
18.00
|
23.00
|
|
August
20
|
_____
|
14.00
|
19.00
|
24.00
|
|
October
20
|
10.00
|
15.00
|
20.00
|
_____
|
|
December
20
|
10.00
|
15.00
|
20.00
|
_____"
|
SECTION
6.
Said
title is further amended by revising Code Section 2-9-33, relating to licenses
for grain dealers, as follows:
"2-9-33.
Unless
the Commissioner refuses the application on one or more of the grounds provided
in Code Section 2-9-36, he
or
she shall issue to an applicant, upon the
execution and delivery of a bond as provided in Code Section 2-9-34, a state
license entitling the applicant to conduct business as a dealer in grain. A fee
in an amount fixed by rule or regulation of the Commissioner at not
less than
$100.00 nor more than
$100.00
$150.00
per annum shall be charged for such license. All such licenses shall be renewed
annually on or before June 30. Any license which is not renewed on or before
such date shall expire on June 30.
Any fees
collected pursuant to this Code section shall be retained pursuant to the
provisions of Code Section
45-12-92.1."
SECTION
7.
Said
title is further amended by revising subsection (a) of Code Section 2-11-26,
relating to licenses for retail and wholesale seed dealers, as
follows:
"(a)
For the purpose of carrying out this article, the Commissioner, who may act
through his or her authorized agents, is authorized to issue a license to each
retail and wholesale seed dealer, such license to be applied for by each seed
dealer upon forms furnished for such purpose. A separate license shall be
required for each point of sale, from which seed are sold, offered for sale, or
exposed for sale. Out-of-state wholesale and retail seed dealers who sell or
ship seed into this state shall obtain a license in the same manner. Such
licenses shall be renewable in August of every third year following issuance.
Seed dealer
license fees shall be established by rule promulgated under this
article.
A fee in an
amount fixed by rule or regulation of the Commissioner at not less than $70.00
nor more than $100.00 per annum shall be charged for such license. Any fees
collected pursuant to this Code section shall be retained pursuant to the
provisions of Code Section
45-12-92.1."
SECTION
8.
Said
title is further amended by revising subsection (a) and paragraph (1) of
subsection (c) of Code Section 2-12-4, relating to fertilizer licenses, as
follows:
"(a)
No person whose name appears upon the label of a fertilizer shall distribute
that fertilizer in Georgia until a fertilizer license has been obtained from the
Commissioner. All licenses expire on the thirtieth day of June each year. The
license fee shall be
$50.00
$100.00
per
year,
and must be renewed annually with fees paid by July 1 of each year. If the
license renewal fee is not paid by July 1, the applicable license fee shall
increase in the manner prescribed by regulation.
Any fees
collected pursuant to this Code section shall be retained pursuant to the
provisions of Code Section
45-12-92.1."
"(c)(1)
No licensee shall distribute in this state a specialty fertilizer until it is
registered with the Commissioner by the licensee whose name appears on the
label, provided that custom-mixed specialty fertilizer shall not be required to
be registered. An application for registration for each brand of each grade of
specialty fertilizer shall be made on a form furnished by or otherwise
acceptable to the Commissioner. Labels for each brand of each grade shall
accompany the application. For all specialty products sold in container sizes
of ten pounds or less, the annual registration fee shall be
$50.00
$60.00
for each brand of each grade. Such fee shall be submitted with the registration
and a renewal fee of
$50.00
$60.00
shall be due each July 1."
SECTION
9.
Said
title is further amended by revising subsection (a) of Code Section 2-12-8,
relating to fertilizer inspection fees, as follows:
"(a)
There shall be paid to the Commissioner for all fertilizer distributed in this
state to nonlicensees an inspection fee at the rate of
30¢
60¢
per ton, provided that sales or exchanges between licensees and sales of
containers of ten pounds or less are exempted from such fee; and provided,
further, that the Commissioner may exempt by regulation certain other types of
fertilizer from the inspection fee, when deemed appropriate.
Any fees
collected pursuant to this Code section shall be retained pursuant to the
provisions of Code Section
45-12-92.1."
SECTION
10.
Said
title is further amended by revising Code Section 2-12-43, relating to licensing
agricultural liming material, as follows:
"2-12-43.
(a)(1)
Each person whose name appears on the label of an agricultural liming material
or who is responsible for guaranteeing such liming material must obtain a lime
license from the Commissioner before distributing such product in
Georgia.
(2)
All licenses shall expire on June 30 of each year. The application for a
license shall be submitted to the Commissioner on forms furnished by
or otherwise
acceptable to the Commissioner. Upon
approval by the Commissioner, a copy of the license shall be furnished to the
applicant. A new licensee shall pay a license fee of
$50.00
$70.00.
Thereafter, the license fee shall be based on the annual tonnage of liming
materials sold in Georgia by the licensee in the previous 12 month period ending
June 30, in accordance with the following:
(A)
A $100.00 annual fee for licensees having sales of 10,000 tons or more of liming
materials in this state; or
(B)
A
$50.00
$70.00
annual fee for licensees having sales of less than 10,000 tons of liming
materials in this state.
A
lime license must be renewed annually and fees shall be received by July 1 of
each calendar year, or the applicable license fee shall increase in the manner
prescribed in the rules and regulations. Such license may be revoked for cause,
after due notice and hearing, for a violation of this article or any rules or
regulations adopted by the Commissioner pursuant to this article.
Any fees
collected pursuant to this Code section shall be retained pursuant to the
provisions of Code Section 45-12-92.1.
(b)(1)
No licensee shall distribute in this state an agricultural liming material until
such product is registered with the Commissioner by the licensee whose name
appears on the label. An application for registration for each brand and
product name of liming materials shall be made on forms furnished by or
otherwise acceptable to the Commissioner. Labels for each brand and product
name shall accompany the application. The registration fee shall be
$50.00
$70.00
per product. Such fee shall be submitted with the registration, and a renewal
fee of
$50.00
$70.00
shall be due each July 1. If renewal registration fees are not received by July
1 of each calendar year, the registration fee shall increase in the manner
prescribed in the rules and regulations. Upon approval by the Commissioner, a
copy of the registration shall be furnished to the applicant. Such
registrations shall be considered permanent so long as no changes or deviations
are made in the labels of such products and so long as the registration fees are
paid as specified in this article and the rules and regulations of the
Commissioner. Such registrations may be canceled for cause, after due notice
and hearing, for a violation of this article or any rules and regulations
adopted by the Commissioner pursuant to this article.
(2)
A distributor shall not be required to register any brand of agricultural liming
material which is already registered under this article by another person,
provided the label does not differ in any respect."
SECTION
11.
Said
title is further amended by revising subsection (c) of Code Section 2-12-73,
relating to registration of soil amendments, as follows:
"(c)
The registration fee shall be
$50.00
$55.00
per year for each product. Registration shall expire on December 31, annually,
unless an application for renewal has been received prior to the expiration
date. Any
fees collected pursuant to this Code section shall be retained pursuant to the
provisions of Code Section
45-12-92.1."
SECTION
12.
Said
title is further amended by revising subsections (b), (d), and (f) of Code
Section 2-13-6, relating to a commercial feed license, as follows:
"(b)
All licenses shall expire on December 31 of each year. Licenses are not
transferable and no credit or refund may be granted for licenses held for less
than one full year. All commercial feed licenses must be renewed by January 1
of each year. The license fee shall be based upon the number of tons of
commercial feed distributed in this state during the preceding 12 month period
ending December 31, provided that tonnage of small-package products subject to
registration as specified in subsection (d) of this Code section shall not be
used in calculating the license fee due. The amount of the license fee shall be
based upon the schedule as prescribed in the rules and regulations of the
Commissioner but shall not be less than
$50.00
$75.00
nor more than
$1,000.00
$2,000.00
per annum.
Any fees
collected pursuant to this Code section shall be retained pursuant to the
provisions of Code Section
45-12-92.1."
"(d)
No licensee shall distribute in this state a pet food or a specialty pet food in
packages of ten pounds or less which has not been registered. The application
for registration shall be submitted to the Commissioner on forms furnished
by,
or acceptable
to,
the Commissioner. All registrations expire on December 31 of each year. An
annual registration fee of an amount prescribed in the rules and regulations of
the Commissioner is due by January 1. Such registration fee shall be
$25.00
$40.00
per product registered, provided that the total of all such registration fees
shall not exceed
$1,000.00
$2,000.00
per annum for any licensee."
"(f)
The license and registration fees provided by this Code section shall not exceed
a total amount of
$1,000.00
$2,000.00
per annum for any licensee."
SECTION
13.
Said
title is further amended by revising subsections (a) and (b) of Code Section
2-14-102, relating to a license for timber preservative treating, as
follows:
"(a)
Any fees
collected pursuant to this Code section shall be retained pursuant to the
provisions of Code Section 45-12-92.1.
Each person, firm, or corporation engaging in the business of treating timber or
timber products with preservatives in this state shall secure an annual
processor's license from the Commissioner
of
Agriculture before such treatment is
undertaken. The annual fee for this license shall be
$25.00
$120.00.
(b)
Each person, firm, or corporation shipping into the state for sale or bringing
into the state for sale any treated timber or timber products processed outside
the state shall secure an annual dealer's license from the Commissioner. The
annual fee for this license shall be
$25.00
$120.00."
SECTION
14.
Said
title is further amended by revising subsection (e) of Code Section 2-21-4,
relating to registration of organic products, as follows:
"(e)
On and after January 1, 2003, no person shall produce, process, distribute, or
handle in this state any advertised, promoted, identified, tagged, stamped,
packaged, or labeled organic food or feed ingredient, article, commodity, or
product unless such person has first registered with the department; provided,
however, that retail food sales establishments licensed under Article 2 of this
chapter that do not process or repackage certified organic commodities shall be
exempt from registration provisions set forth in this chapter. On and after
January 1, 2003, no organization, business, firm, or individual shall act as a
certifying entity in this state unless such organization, business, firm, or
individual has first registered with the department. The Commissioner shall
establish by regulation registration standards for producers, processors,
distributors, handlers, and certifying entities not inconsistent with this
chapter. Registration shall be made upon forms prescribed and furnished by the
department. Registrations shall expire on the last day of December of the year
for which they are issued. The Commissioner shall establish by rule a
registration fee for certifying entities in an amount of not less than
$25.00
$75.00
nor more than
$500.00
$1,000.00
per annum and may establish classes of certifying entities with different
registration fees for each class.
Any fees
collected pursuant to this Code section shall be retained pursuant to the
provisions of Code Section
45-12-92.1."
SECTION
15.
Title
4 of the Official Code of Georgia Annotated, relating to animals, is amended by
revising subsection (a) of Code Section 4-4-82, relating to licenses for poultry
dealers, brokers, and market operators, as follows:
"(a)
No poultry market operator shall engage in or carry on such business without
first applying for and obtaining a license from the Commissioner. No poultry
dealer or broker shall engage in or carry on such business without first
applying for and obtaining a license from the Commissioner. There shall be a
fee of
$25.00
$35.00
per annum for such license.
Any fees
collected pursuant to this Code section shall be retained pursuant to the
provisions of Code Section
45-12-92.1."
SECTION
16.
Said
title is further amended by revising subsection (b) of Code Section 4-10-5,
relating to licensing of bird dealers, as follows:
"(b)
Bird dealers' licenses shall be issued for a period of one year and shall be
annually renewable. The department may establish separate classes of licenses,
including wholesale and retail licenses. The department shall fix fees for
licenses so that the revenue derived from licenses shall approximate the total
direct and indirect costs of administering this chapter; but the annual fee for
any such license shall be at least
$25.00
$50.00
but shall not exceed
$200.00
$400.00.
Any fees
collected pursuant to this Code section shall be retained pursuant to the
provisions of Code Section
45-12-92.1."
SECTION
17.
Said
title is further amended by revising subsection (c) of Code Section 4-11-3,
relating to licensing of pet dealers and kennel, stable, and animal shelter
operators, as follows:
"(c)
Licenses shall be issued for a period of one year and shall be annually
renewable. The Commissioner may establish separate classes of licenses,
including wholesale and retail licenses. The Commissioner shall fix fees for
licenses so that the revenue derived from licenses shall approximate the total
direct cost of administering this article. The Commissioner may establish
different fees for the different classes of licenses established, but the annual
fee for any such license shall be at least
$25.00
$50.00
but shall not exceed
$200.00
$400.00.
Any fees
collected pursuant to this Code section shall be retained pursuant to the
provisions of Code Section
45-12-92.1."
SECTION
18.
Title
7 of the Official Code of Georgia Annotated, relating to banking and finance, is
amended by revising paragraph (2) of subsection (b) Code Section 7-1-1011,
relating to fees paid by mortgage lenders and mortgage brokers, as
follows:
"(2)
There shall be imposed on the closing of every mortgage loan subject to
regulation under this article which, as defined in Code Section 7-1-1000,
includes all mortgage loans, whether or not closed by a mortgage broker or
mortgage lender licensee or registrant, a fee of
$6.50
$10.00.
The fee shall be paid by the borrower to the collecting agent at the time of
closing of the mortgage loan transaction. The collecting agent shall remit the
fee to the department at the time and in the manner specified by regulation of
the department. Revenue collected by the department pursuant to this subsection
shall be deposited in the general fund of the state."
SECTION
19.
Title
8 of the Official Code of Georgia Annotated, relating to buildings and housing,
is amended by revising paragraph (5) of Code Section 8-2-135, relating to
licenses for manufacturers of manufactured homes, as follows:
"(5)
The license and renewal license fee shall be
$300.00
$440.00
per manufacturing plant which manufactures manufactured homes within the State
of Georgia;
$300.00
$440.00
per out-of-state manufacturing plant which manufactures manufactured homes for
the purpose of offering for sale, or having such homes sold, within the State of
Georgia; and
$200.00
$300.00
per retailer location and retail broker which sells, offers for sale, or
transports to sell such homes within the State of Georgia. The license shall be
valid from January 1 through December 31 of the year in which it was issued.
The fee for delinquent renewal applications received after January 10 of each
year shall be double the regular annual renewal fee."
SECTION
20.
Said
title is further amended by revising subsection (a) of Code Section 8-2-135.1,
relating to the payment of a manufacturing inspection fee by manufactured home
manufacturers, as follows:
"(a)
During such time as the Commissioner's office is acting as the primary
inspection agency pursuant to Section 623 of the National Manufactured Housing
Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.,
or the regulations issued thereunder, every manufacturer who manufactures
manufactured homes in Georgia shall pay to the Commissioner a manufacturing
inspection fee for each manufactured home manufactured in Georgia, irrespective
of whether the manufactured home is offered for sale in this state. This
manufacturing inspection fee shall be
$20.00
$30.00
for each certification label, as defined in Section 623 of the National
Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C.
Section 5401, et seq. For any reinspection, a
$10.00
$15.00
additional fee shall be charged."
SECTION
21.
Said
title is further amended by revising paragraph (1) of Code Section 8-2-161,
relating to rules regulating installations of manufactured homes and mobile
homes, as follows:
"(1)
Establish rules and procedures for the licensure of installers as provided by
Code Section 8-2-164 and the implementation and collection of an annual license
fee, which shall be
$200.00
$300.00;
and"
SECTION
22.
Said
title is further amended by revising paragraph (2) of Code Section 8-2-164,
relating to licensing installers of manufactured homes and mobile homes, as
follows:
"(2)
In addition to the requirements of paragraph (1) of this Code section, any
installer performing any installation of any new or pre-owned manufactured or
mobile home in this state shall first purchase a permit from the Commissioner.
The cost of such permit shall be
$40.00
$60.00
for each manufactured or mobile home. Each installer shall provide any
information required by the Commissioner to be submitted to obtain a permit. A
permit shall be attached by the installer to the panel box of each manufactured
or mobile home upon completion of installation."
SECTION
23.
Title
10 of the Official Code of Georgia Annotated, relating to commerce and trade, is
amended by revising Code Section 10-1-157, relating to inspections of samples of
petroleum products, as follows:
"10-1-157.
The
Commissioner of Agriculture shall, from time to time, collect or cause to be
collected samples of all petroleum products subject to regulation under this
part which are sold, offered, or exposed for sale in this state and cause such
samples to be tested or analyzed by the state oil chemist. The state oil
chemist shall certify, under oath, an analysis of each such sample and such
certificate shall be competent evidence of the composition of such petroleum
product in any legal proceeding.
The Department
of Agriculture shall have the power to implement rules and regulations necessary
to carry out inspection of gasoline samples as provided for by this Code
section."
SECTION
24.
Said
title is further amended by adding a new subsection to Code Section 10-1-159,
relating to inspections of self-measuring pumps, as follows:
"(g)
The Department of Agriculture shall have the power to implement rules and
regulations necessary to carry out inspections of self-measuring pumps provided
for by this Code
section."
SECTION
25.
Said
title is further amended by repealing Code Section 10-1-161, relating to
inspection of gasoline, and designating it as "Reserved."
SECTION
26.
Said
title is further amended by revising Code Section 10-1-203, relating to
evaluation of test reports of antifreeze offered for sale within this state, as
follows:
"10-1-203.
Before
any antifreeze shall be sold, exposed for sale, or stored, packed, or held with
intent to sell within this state, a current certified test report thereof
prepared by an independent laboratory recognized by the Department of
Agriculture to do such testing must be submitted and evaluated under the
supervision of the state oil chemist in the Department of Agriculture.
Under
Upon
application of the manufacturer or packer or distributor, submission of
container label, and the payment of a license fee of
$25.00
$50.00
for each brand or type of antifreeze submitted, the state oil chemist shall
evaluate the test report so submitted.
Any fees
collected pursuant to this Code section shall be retained pursuant to the
provisions of Code Section 45-12-92.1. If
the antifreeze is not adulterated or misbranded, if it meets the standards
established and promulgated by the Commissioner of Agriculture, and if the
antifreeze is not a type or kind that is in violation of this part, the
Commissioner shall issue the applicant a written license or permit authorizing
the wholesale and retail sale by the applicant and by others of such antifreeze
in this state for the fiscal year in which the license is issued, which license
or permit shall be subject to renewal annually. If the Commissioner shall find
at a later date that the antifreeze product or substance to be sold, exposed for
sale, or held with intent to sell has been materially altered or adulterated or
that a change has been made in the name, brand, or trademark under which the
antifreeze is sold or that it violates this part, the Commissioner is authorized
to revoke or suspend the license or permit issued under this part of the
licensee found in violation of this part after notice and hearing before the
Commissioner. No license or permit for the sale of antifreeze in this state
shall be issued until the application, fee, and label submission have been made
as provided by this part, the certified test report has been evaluated by the
state oil chemist, and the state oil chemist notifies the Commissioner of
Agriculture that said antifreeze meets the requirements of this
part."
SECTION
27.
Said
title is further amended by revising Code Section 10-2-42, relating to licensing
certified public weighers, as follows:
"10-2-42.
Certified
public weighers shall be licensed for a period of one year beginning on July 1
and ending on June 30, next. A fee of
$5.00
$15.00
shall be paid to the Commissioner by each person so licensed at the time
application is filed. A fee of
$5.00
$15.00
shall be required for each renewal of a license as a certified public weigher.
In addition thereto, the applicant shall pay the actual cost of seals required
under this article.
Any fees
collected pursuant to this Code section shall be retained pursuant to the
provisions of Code Section
45-12-92.1."
SECTION
28.
Said
title is further amended by revising subsection (a) of Code Section 10-4-12,
relating to a warehouseman's bond, as follows:
"(a)
Every person intending to engage in business as a warehouseman under this
article shall, prior to commencing such business and periodically thereafter as
the Commissioner shall require, execute and file with the Commissioner a good
and sufficient bond to the state to secure the faithful performance of his or
her obligation as a warehouseman under the terms of this article and the rules
and regulations prescribed under this article, such bond to be computed in
direct ratio to the licensed storage capacity of the warehouse bonded. The bond
shall be executed by a surety corporation authorized to transact business in
this state and approved by the Commissioner. Such bond shall be upon forms
prescribed by the Commissioner. Any and all bond applications shall be
accompanied by a certificate of 'good standing' issued by the Commissioner of
Insurance. If any company issuing a bond shall be removed from doing business
in this state, it shall be the duty of the Commissioner of Insurance to notify
the Commissioner of Agriculture within 30 days. The Commissioner shall have
authority to fix the bond for any part of licensed storage capacity of the
warehouse being used; but in no event shall the amount of the bond be required
to exceed
12
15
percent of the value of the products stored and the bond shall be in such form
and amount and shall have such surety or sureties, subject to service of process
in actions on the bonds with this state, as the Commissioner may prescribe;
provided, however, the minimum bond to be posted for each warehouse shall be
$20,000.00 and the maximum bond to be required for each warehouse shall be
$150,000.00
$300,000.00."
SECTION
29.
Said
title is further amended by revising Code Section 10-4-17, relating to licensing
for warehouses, as follows:
"10-4-17.
Warehousemen
coming under this article shall pay an annual license fee which includes all
inspections in an amount based on storage capacity in an amount fixed by rule or
regulation of the Commissioner. These fees shall not exceed actual cost of
inspections and are inclusive. The amount paid shall be based on storage
capacity and shall be at least
$500.00
$600.00
and no more than
$2,000.00
$2,500.00
for grain or cotton warehouses and
$500.00
$600.00
to
$1,000.00
$2,500.00
for other agricultural products facilities desiring to come under this article.
Each license so issued shall expire on June 30 of each year, and each
application for license must be accompanied by the license fee.
Any fees
collected pursuant to this Code section shall be retained pursuant to the
provisions of Code Section
45-12-92.1."
SECTION
30.
Said
title is further amended by revising Code Section 10-4-101, relating to
licensing fees for the sale of flue-cured leaf tobacco, as follows:
"10-4-101.
No
person, real or corporate, shall operate, hold, or conduct an auction sale for
the sale of flue-cured leaf tobacco within this state without first having
obtained a license for the regular selling season in which the sale is made from
the Commissioner of Agriculture. Each license so issued shall automatically
expire at the end of the regular selling season. The regular selling season
shall be deemed to have ended at the close of business on the marketing day any
regulatory group or committee shall cause any of the sets of buyers normally
assigned to the Georgia flue-cured leaf tobacco auction markets to be withdrawn
for the purpose of reassigning them to auction markets in other tobacco belts.
The Commissioner, in his
or
her discretion, may issue additional
licenses to warehousemen at the end of the regular selling season as he
or
she deems necessary and desirable for
'clean-up' sales or special sales, such licenses to terminate at the conclusion
of the 'clean-up' or special sale. The license fee shall be
$100.00
$150.00
for each regular selling season with no additional fee for licenses issued for
'clean-up' or special sales. Licenses shall be subject to renewal from one
regular selling season to another under such rules and regulations as the
Commissioner shall prescribe.
Any fees
collected pursuant to this Code section shall be retained pursuant to the
provisions of Code Section
45-12-92.1."
SECTION
31.
Said
title is further amended by revising subsection (a) of Code Section 10-4-115,
relating to a nonauction tobacco dealer's license, as follows:
"(a)
Any person, firm, or corporation purchasing flue-cured leaf tobacco from
producers other than at auction sales shall be required to apply to and obtain
from the Commissioner of Agriculture a nonauction tobacco dealer's license prior
to engaging in such purchase operations. Such license shall be renewable on an
annual basis. There shall be an annual fee for each such license issued by the
Commissioner. The amount of such fee shall be established by the Commissioner
in an amount not to exceed
$100.00
$150.00
per annum.
Any fees
collected pursuant to this Code section shall be retained pursuant to the
provisions of Code Section 45-12-92.1.
Each applicant for a nonauction tobacco dealer's license shall indicate in
writing to the Commissioner each year before the first auction sale of the
tobacco-selling season an intent to buy flue-cured leaf tobaccos from producers
other than at auction in order to be eligible for a nonauction tobacco dealer's
license for that selling season."
SECTION
32.
Said
title is further amended by revising Code Section 10-4-142, relating to a
carry-over leaf tobacco storage and sale license, as follows:
"10-4-142.
No
person, real or corporate, shall operate a service for receiving within this
state flue-cured leaf tobacco for the purpose of weighing, redrying, and storing
said tobacco from the year of production until the subsequent selling season for
sale at that time without first having obtained a license from the Commissioner
of Agriculture. Each license so issued shall automatically expire at the
termination of the storage period and be subject to renewal annually under such
rules and regulations as the Commissioner shall prescribe. The license fee
shall be
$10.00
$40.00
for each year.
Any fees
collected pursuant to this Code section shall be retained pursuant to the
provisions of Code Section 45-12-92.1.
Licensed operators of flue-cured leaf tobacco auction warehouses may be licensed
without cost under this part upon application to the Commissioner. This part
shall not require licensing of any federal agency, its agents, or contractors
who receive carry-over tobacco."
SECTION
33.
Title
12 of the Official Code of Georgia Annotated, relating to conservation and
natural resources, is amended by revising Code Section 12-6-93, relating to
appropriations necessary to carry out fire protection in forests, as
follows:
"12-6-93.
(a)
The funds required to carry out this part and provide for the coordinated
protection of uncontrolled fire on all forest lands in the State of Georgia may
be provided from annual appropriations made by the General Assembly for this
purpose.
(b)
In the event any county desires forest fire protection, the county shall enter
into an agreement with the State Forestry Commission, and such agreement shall
provide for the payment to the commission of
4¢
an amount
reasonably related to the actual cost of providing forest fire protection. Such
amount shall be calculated per forest acre
of privately owned forest land. Forest acres of privately owned land shall be
based upon the most recent United States Forest Service survey for
Georgia.
(c)
Any agreement in existence on July 1,
1967
2010,
between a county and the commission providing for a different percentage or
amount of payment shall be changed so as to provide for the payment of
4¢
an amount
reasonably related to the actual cost of providing forest fire protection. Such
amount shall be calculated per forest
acre.
(d)
Any county may levy a tax to provide the additional funds required for fire
protection under this part."
SECTION
34.
Title
14 of the Official Code of Georgia Annotated, relating to corporations,
partnerships, and associations, is amended by revising Code Section 14-2-122,
relating to fees for filings related to business corporations, as
follows:
"14-2-122.
The
Secretary of State shall collect the following fees and penalties when the
documents described in this Code section are delivered to him or her for
filing:
|
Document
|
Fee
|
|
(1)
Articles of incorporation
|
$
100.00
|
|
(2)
Application for certificate of authority
|
225.00
|
|
(3)
Annual registration
|
30.00
50.00
|
|
(4)
Penalty for late filing of annual registration
|
25.00
|
|
(5)
Agent's statement of resignation
|
No
fee
|
|
(6)
Certificate of judicial dissolution
|
No
fee
|
|
(7)
Articles of dissolution or intent to dissolve
|
No
fee
|
|
(8)
Application of withdrawal
|
No
fee
|
|
(9)
Application for reservation of a corporate name
|
25.00
|
|
(10)
Civil penalty for a foreign corporation transacting business in this state
without a certificate of authority
|
500.00
|
|
(11)
Statement of change of address of registered agent...$5.00 per corporation but
not less than
|
20.00
|
|
(12)
Application for reinstatement
|
100.00
|
|
(13)
Certificate of conversion
|
95.00
|
|
(14)
Any other document required or permitted to be filed by this
chapter
|
20.00"
|
SECTION
35.
Said
title is further amended by revising Code Section 14-9-1101, relating to fees
for filings related to limited partnerships, as follows:
"14-9-1101.
The
Secretary of State shall charge and collect for filing:
|
Document
|
Fee
|
|
(1)
A certificate of limited partnership
|
$
100.00
|
|
(2)
A registration of a foreign limited partnership
|
225.00
|
|
(3)
An annual registration
|
30.00
50.00
|
|
(4)
Penalty for late filing of annual registration
|
25.00
|
|
(5)
Agent's statement of resignation
|
No
fee
|
|
(6)
Certificate of cancellation
|
No
fee
|
|
(7)
Application of withdrawal
|
No
fee
|
|
(8)
Statement of change of address of registered agent or registered office... $5.00
per limited partnership but not less than
|
20.00
|
|
(9)
An amendment to a certificate of limited partnership for the purpose of becoming
a limited liability partnership
|
100.00
|
|
(10)
Certificate of election to become a limited partnership
|
80.00
|
|
(11)
Certificate of conversion
|
95.00
|
|
(12)
Application for reservation of a name
|
25.00
|
|
(13)
Any other document required or permitted pursuant to this chapter
|
20.00"
|
SECTION
36.
Said
title is further amended by revising paragraph (2) of subsection (a) of Code
Section 14-10-4, relating to formation of professional associations, as
follows:
"(2)
RECORDING;
FEES. The clerk shall record the articles
of association and any amendments thereto or instruments of dissolution thereof
in the same manner as required for articles of incorporation
and shall
receive a fee as required by paragraph (17) of subsection (g) of Code Section
15-6-77. Articles shall not be required
to be published or recorded elsewhere. Such record of the articles, when so
recorded, shall be notice of the articles to the world as well as to all parties
dealing with such association."
SECTION
37.
Said
title is further amended by revising Code Section 14-11-1101, relating to fees
for filings related to limited liability companies, as follows:
"14-11-1101.
(a)
The Secretary of State shall collect the following fees when the documents
described below are delivered to the Secretary of State for filing pursuant to
this chapter:
|
Document
|
Fee
|
|
(1)
Articles of organization
|
$100.00
|
|
(2)
Articles of amendment
|
20.00
|
|
(3)
Articles of merger
|
20.00
|
|
(4)
Certificate of election under Code Section 14-11-212 (together with articles of
organization)
|
95.00
|
|
(5)
Application for certificate of authority to transact business
|
225.00
|
|
(6)
Statement of commencement of winding up
|
No
Fee
fee
|
|
(7)
Certificate of termination
|
No
Fee
fee
|
|
(8)
Application of withdrawal
|
No
fee
|
|
(9)
Articles of correction
|
20.00
|
|
(10)
Application for reservation of a name
|
25.00
|
|
(11)
Statement of change of registered office or registered agent...$5.00 per limited
liability company (foreign or domestic), but not less than
|
20.00
|
|
(12)
Registered agent's statement of resignation pursuant to subsection (d) of Code
Section 14-11-209 or subsection (d) of Code Section 14-11-703
|
No
fee
|
|
(13)
Certificate of judicial dissolution
|
No
fee
|
|
(14)
Annual registration (foreign or domestic)
|
30.00
50.00
|
|
(15)
Penalty for late filing of annual registration
|
25.00
|
|
(16)
Reinstatement fee
|
100.00
|
|
(17)
Any other document required or permitted to be filed by
this
chapter
|
20.00
|
|
(18)
Certificate of conversion
|
95.00
|
(b)
The Secretary of State shall collect the penalty provided for in paragraph (2)
of subsection (c) of Code Section 14-11-711."
SECTION
38.
Title
15 of the Official Code of Georgia Annotated, relating to courts, is amended by
revising paragraph (2) of subsection (e) and subsections (g) and (h) of Code
Section 15-6-77, relating to fees for superior court, as follows:
"(2)
Except as provided in paragraphs (3) and (4) of this subsection, the total sum
for all services rendered by the clerk of the superior court through entry of
judgment in civil cases shall be $58.00. Such sum shall not be required if the
party desiring to file such case or proceeding is unable, because of
his
indigence, to pay such sum and such party files with the clerk an affidavit to
such effect, as provided by law. Nothing contained in this subsection shall be
deemed to require advance payment of such sum by the state, its agencies, or
political subdivisions."
"(g)
Miscellaneous fees:
|
(1)
Recording any instrument or writing, fee not otherwise specified, first
page
|
$
5.00
|
|
Each
page, after the first
|
2.00
|
|
(2)
Uncertified copies of documents, if no assistance is required from the office of
the clerk of superior court, per page
|
.25
.50
|
|
Uncertified
copies, if assistance is required
|
1.00
|
|
Uncertified
copies, if transmitted telephonically or electronically, first page
|
2.50
|
|
Each
page, after the first
|
1.00
|
|
(3)
Uncertified copies of documents, drawings, or plats, copy larger
than
8.5
x 14 inches
|
2.00
|
|
(4)
Certification or exemplification of record, including certificates and seals,
first page
|
2.50
|
|
Each
page, after the first
|
.50
|
|
(5)
Clerk's certificate
|
1.00
|
|
(6)
Court's seal
|
1.00
|
|
(7)
The clerk may provide computer data or computer generated printouts of public
records subject to disclosure maintained on computer by, or available to, the
clerk, for each page or partial page of printed data or copies of such or its
equivalent
|
2.50
|
|
Nothing
in this paragraph shall be construed to require any clerk to provide computer
generated reports nor shall any clerk be required to prepare custom or
individualized computer compilations or reports for any person or entity which
would require preparation of a computer program which is not a standard existing
computer program in use by the clerk. The clerk shall not be required to permit
access to, or to provide copies of, copyrighted computer programs or any other
computer programs in violation of any software license agreement or containing
confidential records otherwise excluded or exempted by this Code section or any
other applicable law.
|
|
|
(8)
Issuing certificate of pending or unsatisfied judgment, as provided in Code
Section 40-9-40
|
3.00
|
|
(9)
Issuing certificate of appointment and reappointment to notaries public, as
provided by Code Section 45-17-4
|
13.00
20.00
|
|
(10)
Registering and filing trade names pursuant to Code Section
10-1-490
|
8.00
15.00
|
|
(11)
Issuing subpoena, signed and sealed, notwithstanding subsection (e) of this Code
section, each
|
1.00
5.00
|
|
(12)
Preparation of record and transcript to the Supreme Court and Court of Appeals,
per page
|
1.50
10.00
|
|
Where
a transcript of the evidence and proceedings is filed with the clerk and does
not require recopying, the clerk shall not receive the fee herein prescribed
with respect to such transcript but shall receive, for filing and transmission
of such transcript, a fee of
|
5.00
35.00
|
|
(13)
Reserved.
Issuing
jury scrip or check, each
|
.30
|
|
(14)
For each
day of service in attendance upon the courts
|
50.00
|
|
The
per diem attendance upon the courts shall be paid from the treasury of the
respective counties of this state only to clerks who are on a fee system of
compensation.
Reserved.
|
|
|
(15)
For performing the duties required of them by Article 2 of Chapter 2 of Title
44, the clerks shall receive the same sums as in civil cases.
|
|
|
(16)
For performing the duties required of them by Article 1 of Chapter 9A of Title
14, the 'Uniform Limited Partnership Act,' and for filing statements of
partnership pursuant to Code Section 14-8-10.1, the clerks shall receive the
sums as in civil cases.
|
|
|
(17)
Filing incorporation proceedings except for corporation for which filing
procedures are governed by Chapter 2 of Title 14:
|
|
|
(A)
Articles of incorporation
|
20.00
|
|
(B)
Articles of amendment
|
20.00
|
|
(C)
Restated articles
|
20.00
|
|
(D)
Merger
|
20.00
|
|
(E)
Dissolution
|
20.00
|
|
(F)
Involuntary dissolution
|
no
fee
|
|
(G)
Consolidation and merger
|
20.00
|
|
(H)
Certificate of election to dissolve
|
20.00
|
|
(I)
Order approving change of principal office
|
no
fee
|
|
(J)
Articles of incorporation as required by Code Section 46-5-100
|
20.00
|
(h)
Fees in criminal cases:
|
(1)
Entering and docketing bills of indictment, presentments, no-bills,
accusations
|
$
3.00
|
|
(2)
Reserved.
Issuing and
mailing first notice of arraignment pursuant to Code Section
17-7-91
|
1.00
|
|
(3)
Reserved.
Affidavit
of custodian, filing and transmittal pursuant to Code Section
17-10-12
|
1.00
|
|
(4)
Reserved.
Preparation
and transmission of defendant's personal history and related documents, as
provided in Code Section 42-5-50
|
5.00
|
|
(5)
Reserved.
|
|
|
(6)
Preparation and furnishing copy of the record of appeal in criminal cases where
accused was convicted of capital felony, in accordance with Code Section 5-6-43,
per page
|
1.50
5.00
|
|
Clerk's
certificate
|
1.00
|
|
The
clerk shall not receive compensation for the transcript of evidence and
proceedings.
|
|
|
(7)
When costs are assessed by the court the minimum amount assessed as court costs
in the disposition of any criminal case in the superior court shall be $100.00.
Any surcharge provided for by law shall be in addition to such
sum."
|
|
SECTION
39.
Said
title is further amended by revising paragraph (1) of subsection (e) and
subsections (f) through (k) of Code Section 15-9-60, relating to costs for
probate court, as follows:
"(1)
Except as otherwise provided, the cost in an initial proceeding regarding the
estate of a decedent or of a missing individual believed to be dead shall be
$90.00
$130.00
for all services rendered by the judge or clerk of the probate court through the
entry of the final order on such initial proceedings, exclusive of recording
charges;"
"(f)
Costs in minor guardianship matters:
(1)
Except as otherwise provided, the cost in a proceeding regarding the person,
property, or person and property of a minor shall be
$60.00
$75.00
for all services rendered by the judge or clerk of the probate court through the
entry of the final order on such proceeding, exclusive of recording charges,
including, but not necessarily limited to, the following proceedings: petition
for temporary letters of guardianship of the person of a minor; petition for
letters of guardianship of person, property, or person and property of a minor
by person other than natural guardian; petition for letters of guardianship of
property of a minor, by natural guardian, with bond — personal property
over $5,000.00; petition for order that natural guardian not be required to
become legally qualified guardian of the property; application of guardian for
letters of dismission; or any other proceeding by which the jurisdiction of the
probate court is first invoked with regard to the person, property, or person
and property of a minor; and
(2)
Except as otherwise provided, the costs for all services rendered by the judge
or clerk of the probate court shall be as set forth below for the following
proceedings, pleadings, or documents regarding the person, property, or person
and property of a minor, exclusive of recording charges:
|
(A)
Petition of guardian for leave to sell
|
$
50.00
70.00
|
|
(B)
Petition to compromise doubtful claim of minor
|
50.00
70.00
|
|
(C)
Petition for leave to encroach on corpus
|
25.00
30.00
|
|
(D)
Petition to change accounting period
|
25.00
|
|
(E)
Inventory or annual, intermediate, or final return (each)
|
25.00
30.00
|
|
(F)
Petition or motion for attorneys' fees
|
50.00
70.00
|
|
(G)
Petition to terminate temporary guardianship of minor
|
25.00
30.00
|
|
(H)
Any other petition, application, motion, or other pleading for which no specific
cost is set forth in this Code section filed regarding an existing guardianship
of a minor
|
25.00
30.00
|
(g)
Costs in adult guardianship matters:
(1)
Except as otherwise provided, the cost in a proceeding regarding the person,
property, or person and property of an adult alleged to be incapacitated shall
be $150.00 for all services rendered by the judge or clerk of the probate court
through the entry of the final order on such proceeding, exclusive of recording
charges, including, but not necessarily limited to, the following proceedings:
petition for the appointment of an emergency guardian for an alleged gravely
incapacitated adult; petition for the appointment of an emergency and permanent
guardian for an alleged gravely incapacitated adult; petition for the
appointment of a guardian for an alleged incapacitated adult; or any other
proceeding by which the jurisdiction of the probate court is first invoked with
regard to an adult alleged to be incapacitated; and
(2)
Except as otherwise provided, the cost for all services rendered by the judge or
clerk of the probate court shall be as set forth below for the following
proceedings, pleadings, or documents regarding the person, property, or person
and property of an incapacitated adult, exclusive of recording
charges:
|
(A)
Petition of guardian for leave to sell
|
$
50.00
70.00
|
|
(B)
Petition to compromise doubtful claim
|
50.00
70.00
|
|
(C)
Petition for leave to encroach on corpus
|
25.00
30.00
|
|
(D)
Petition to change accounting period
|
25.00
|
|
(E)
Inventory or annual, intermediate, or final return (each)
|
25.00
30.00
|
|
(F)
Petition or motion for attorneys' fees
|
50.00
70.00
|
|
(G)
Petition to terminate or modify guardianship of incapacitated
|
50.00
70.00
|
|
(H)
Application of guardian for letters of dismission
|
60.00
75.00
|
|
(I)
Any other petition, application, motion, or other pleading for which no specific
cost is set forth in this Code section filed regarding an existing guardianship
of an adult
|
50.00
70.00
|
(h)
Costs in matters involving sterilization, involuntary treatment, habilitation,
or temporary placement:
(1)
Except as otherwise provided, the cost in a proceeding filed under Chapter 20 of
Title 31, Chapter 36A of Title 31, or Chapter 3, 4, or 7 of Title 37 shall be
$75.00
$130.00
for all services rendered by the judge or clerk of the probate court through the
entry of the final order on such proceeding, exclusive of recording
charges;
(2)
There shall be no cost assessed for the receipt and consideration of affidavits
in support of an order to apprehend under Part 1 of Article 3 of Chapter 3 of
Title 37 or Part 1 of Article 3 of Chapter 7 of Title 37 or for the issuance of
the order to apprehend; and
(3)
There shall be no cost assessed for the receipt and consideration of a petition
in support of an order to apprehend under Part 3 of Article 3 of Chapter 3 of
Title 37 or Part 3 of Article 3 of Chapter 7 of Title 37 or for the issuance of
the order to apprehend a patient alleged to be in noncompliance with an
involuntary outpatient treatment order.
(i)
Costs for hearings in contested matters:
(1)
For conducting trials of contested matters or for formal hearing on the denial
of an application for a firearms license before the probate court, the cost
shall be
$25.00
$30.00
per one-half day or portion thereof;
(2)
There shall be no additional cost for the initial hearing in adult guardianship
matters or in matters involving sterilization, involuntary treatment,
habilitation, or involuntary placement; and
(3)
There shall be no cost for any hearing in an uncontested matter.
(j)
Custodial accounts. For each account accepted by the judge of the probate court
as custodian for a minor, incapacitated adult, or missing or unknown heir or
beneficiary, there shall be a one-time fee of 8 percent of the fund deducted
from the fund when first accepted.
(k)
Miscellaneous costs. Except as otherwise provided, the judge or clerk of the
probate court shall be entitled to the following costs for the proceedings,
pleading, documents, or services itemized:
|
(1)
Application for writ of habeas corpus
|
$
75.00
|
|
(2)
Petition to establish lost papers, exclusive of recording charges
|
50.00
|
|
(3)
Petition for or declaration of exemptions
|
25.00
|
|
(4)
Petition to change birth certificate
|
60.00
75.00
|
|
(5)
For all services rendered by the judge or clerk of the probate court through the
entry of the final order, exclusive of recording charges, for any application or
petition by which the jurisdiction of the probate court is first invoked for
which no cost is set forth in this Code section or other applicable
law
|
50.00
70.00
|
|
(6)
Issuance of any order, including a rule nisi, in any matter for which the costs
set forth in this Code section do not include all services to be rendered by the
judge or clerk of the probate court, exclusive of recording
charges
|
25.00
30.00
|
|
(7)
Motions, amendments, or other pleadings filed in any matter for which the cost
set forth in this Code section does not include all services to be rendered by
the judge or clerk of the probate court, exclusive of recording charges, and no
other cost is set forth in this Code section
|
10.00
15.00
|
|
(8)
For processing appeals to superior court, exclusive of recording
|
25.00
30.00
|
|
(9)
For issuance of writ of fieri facias (fi.fa.)
|
10.00
|
|
(10)
Reserved.
For
issuance of permit to discharge explosives
|
25.00
|
|
(11)
For issuance of permit to discharge fireworks
|
25.00
30.00
|
|
(12)
Application for firearms license (exclusive of fees charged by
other
agencies for the examination of criminal records and mental
health
records)
|
15.00
20.00
|
|
(13)
For issuance of a replacement firearms license
|
5.00
6.00
|
|
(14)
Application for marriage license if the applicants have completed premarital
education pursuant to Code Section 19-3-30.1
|
No
fee
|
|
(14.1)
Application for a marriage license if the applicants have not completed
premarital education pursuant to Code Section 19-3-30.1
|
35.00
40.00
|
|
(15)
For the safekeeping of a will
|
10.00
15.00
|
|
(16)
For issuance of a veteran's license
|
No
fee
|
|
(17)
For issuance of a peddler's license
|
10.00
15.00
|
|
(18)
For issuance of a certificate of residency
|
10.00
|
|
(19)
Registration of junk dealer
|
10.00
|
|
(20)
Certification of publication of application for insurance company
charter
|
10.00
|
|
(21)
Recording of marks and brands, each
|
10.00
15.00
|
|
(22)
Exemplification
|
10.00
15.00
|
|
(23)
Certification under seal of copies (plus copy cost)
|
5.00
10.00
|
|
(24)
Certified copies of letters of personal representative, temporary administrator,
or guardian, each, including copy cost
|
5.00
10.00
|
|
(25)
For issuance of a subpoena, each
|
5.00
10.00
|
|
(26)
For filing and recording of oath or bond of any official, officer, or employee
of any municipality or authority within the county, each
|
5.00
10.00
|
|
(27)
For filing and recording of oath or bond of county official or
officer
|
No
fee
|
|
(28)
For examination of records or files by employee of the probate court to provide
abstract of information contained therein or to provide copies therefrom, per
estate or name
|
5.00
10.00
|
|
(29)
Recording, per page
|
2.00
|
|
(30)
Copies, per page
|
0.25
1.00"
|
SECTION
40.
Said
title is further amended by revising Code Section 15-10-80, relating to filing
fees, service of process costs, and other costs in magistrate court, as
follows:
"15-10-80.
(a)
Upon filing any civil action the plaintiff shall pay a filing deposit as
established by local court rule not to exceed
$20.00
$22.00
which shall cover all costs of the action except service of
process.
(b)
Upon filing any civil action the plaintiff shall pay the actual cost of serving
each party required to be served but not more than the amount of the fee charged
by sheriffs for serving process for each party to be served.
(c)
For issuing a writ of fieri facias the fee charged shall be
$2.00
$4.00
which shall be paid by the person requesting the same. Such fee shall be
charged and collected contemporaneously with or prior to the issuance of the
writ of fieri facias but not before the entry of judgment in the
action.
(d)
As between the parties, costs shall be taxed against the losing
party."
SECTION
41.
Said
title is further amended by revising Code Section 15-10-81, relating to costs
upon conviction of violation of ordinance, as follows:
"15-10-81.
In
cases of conviction of violation of county ordinances, costs of not more than
$30.00
$70.00
may be taxed against the defendant."
SECTION
42.
Said
title is further amended by revising Code Section 15-10-82, relating to hearing
fee on application for search or arrest warrant or deposit account fraud
citation, as follows:
"15-10-82.
For
hearing an application for an arrest or search warrant or deposit account fraud
citation, the fee charged shall not exceed
$10.00
$20.00,
but this fee may be waived by the issuing magistrate if he or she finds that
because of the financial circumstances of the party applying for the warrant or
citation or for other reasons this fee should not be charged in justice,
provided that no fee shall be assessed against the alleged victim of a violation
of Code Section 16-5-90, 16-5-91, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5.1,
16-6-22.1, or 16-6-22.2 or against the alleged victim of any domestic violence
offense for costs associated with the filing of criminal charges against the
stalking offender, sexual offender, or domestic violence offender or for the
issuance or service of a warrant, protective order, or witness subpoena arising
from the incident of stalking, sexual assault, or domestic
violence."
SECTION
43.
Said
title is further amended by revising subsections (b) and (c) of Code Section
15-16-21, relating to fees for sheriff's services, as follows:
"(b)
For the services of the sheriff in civil cases, the following fees shall be
charged:
|
(1)
Serving copy of process and returning original, per copy
|
$
25.00
50.00
|
|
(2)
Action from another county, to be paid in advance
|
25.00
50.00
|
|
(3)
Summoning each witness
|
6.00
10.00
|
|
(4)
Each levy or writ of fieri facias
|
25.00
50.00
|
|
(5)
Search and return of nulla bona
|
13.00
20.00
|
|
(6)
Serving summons of garnishment or rule against garnishee
If
more than one, for each additional copy
|
25.00
50.00
6.00
|
|
(7)
Commissions on sales of property:
On
sums of $50.00 or less
On
excess above $50.00 up to $550.00
For
all sums exceeding $550.00, on excess
No
commissions shall be charged unless property is actually sold.
|
8%
6% 3%
|
|
(8)
Making out and executing titles to land
If
presented by purchaser
|
25.00
50.00
13.00
20.00
|
|
(9)
Executing bill of sale to personal property, when demanded by
purchaser
|
13.00
20.00
|
|
(10)
Forthcoming bonds
|
13.00
|
|
(11)
Serving process against tenant over or intruder upon land to dispossess
them
|
25.00
|
|
(12)
For dispossessing tenant or intruder
|
25.00
|
|
(13)
Taking and returning counter-affidavit when summary process to dispossess tenant
or intruder is resisted
|
13.00
|
|
(14)
Settling each execution in his
or
her hands, settled without
sale
|
13.00
20.00
|
|
(15)
Levying an attachment
|
25.00
50.00
|
|
(16)
Reserved.
Following
property out of county with attachment, for every mile going and
returning
|
.21
|
|
(17)
Reserved.
Attending
superior, state, or city courts, per day
|
20.00
|
|
(18)
Reserved.
Probate
courts, per day
|
15.00
|
|
(19)
Reserved.
At
elections as required by law, each day
|
20.00
|
|
(20)
Collecting tax fi. fas. $100.00 or less, each
|
5.00
10.00
|
|
(21)
Collecting tax fi. fas. over $100.00, each
|
10.00
20.00
|
(c)
For executing and returning any warrant or for serving a citation, the fees to
which a sheriff is entitled as provided in this subsection shall be paid at the
disposition of the criminal case. For summoning witnesses or taking bonds in
criminal cases, the fees to which a sheriff is entitled as provided in this
subsection shall be paid in advance prior to the sheriff's rendering such
service. For the services of the sheriff in criminal cases, the following fees
shall be charged:
|
(1)
Removing prisoner when habeas corpus is sought for his
or
her relief
|
$
15.00
|
|
(2)
Removing prisoners under habeas corpus when no mileage is paid, per
day
|
15.00
|
|
(3)
Attending persons taken by warrant to judge's chamber, for each
time
|
4.50
|
|
(4)
Conducting prisoner before judge or court to and from jail
|
4.50
|
|
(5)
Executing and returning any warrant
|
25.00
|
|
(6)
Serving any citation issued pursuant to Article 10 of Chapter 10 of this title,
relating to bad check prosecutions or any warrant
|
25.00
|
|
(7)
Summoning each witness
|
6.00
10.00
|
|
(8)
Taking bonds in criminal cases
|
13.00
20.00
|
|
(9)
Executing a warrant of escape
|
10.00
|
|
(10)
Service in every criminal case before a judge or a judge and jury
|
10.00"
|
SECTION
43.1.
Said
title is further amended by revising subsection (d) of Code Section 15-21A-6,
relating to filing fees and applications for free legal services, as
follows:
"(d)
Each clerk of court, each indigent defense program, or any other officer or
agent of any court receiving any funds subject to this Code section shall
collect the fees provided
for
in subsection
(c) of this Code section and, if the
governing authority has a procedure to verify the applicant's income as set
forth in Code Section 17-12-80, shall pay such moneys over to the entity
providing legal defense services under Chapter 12 of Title 17 by the last day of
the month after the month of collection, and such funds shall not be subject to
payment to the authority. If the governing authority does not have such
verification procedure, the moneys shall be paid over to the authority by the
last day of the month after the month of collection, to be deposited by the
authority into the general fund of the state treasury."
SECTION
44.
Said
title is further amended by adding two new Code sections in Chapter 21A,
relating to judicial accounting, to read as follows:
"15-21A-6.1.
(a)
In addition to all other legal costs, there shall be charged to the filing party
and collected by the clerk an additional filing fee of $125.00, to be known as a
judicial operations fund fee, in each civil action or case filed in a superior
court except that the state, including, but not limited to, its departments,
agencies, boards, bureaus, commissions, public corporations, and authorities,
municipalities, counties, and political subdivisions shall be exempt from such
fee. Without limiting the generality of the foregoing, such fee shall apply to
all adoptions, certiorari, trade name registrations, applications for change of
name, and all other proceedings of a civil nature. Any matter which is docketed
upon the official dockets of the superior court and to which a number is
assigned shall be subject to such fee, whether such matter is contested or
not.
(b)
Each superior court clerk shall collect the fees provided in this Code section
and the moneys shall be paid over to the authority by the last day of the month
after the month of collection, to be deposited by the authority into the general
fund of the state treasury.
(c)
The authority shall, on a quarterly basis, make a report and accounting of all
funds collected pursuant to this Code section and shall submit such report and
accounting to the Office of Planning and Budget, the House Budget Office, and
the Senate Budget Office no later than 60 days after the last day of the
preceding quarter.
15-21A-6.2.
(a)
In addition to all other legal costs, there shall be charged to the filing party
and collected by the clerk an additional filing fee of $125.00, to be known as a
judicial operations fund fee, in each civil action or case filed in a state
court except that the state, including, but not limited to, its departments,
agencies, boards, bureaus, commissions, public corporations, and authorities,
municipalities, counties, and political subdivisions shall be exempt from such
fee. Without limiting the generality of the foregoing, such fee shall apply to
any matter which is docketed upon the official dockets of the state court and to
which a number is assigned, whether such matter is contested or
not.
(b)
Each state court clerk shall collect the fees provided in this Code section and
the moneys due the authority shall be paid over to the authority by the last day
of the month after the month of collection with $75.00 of these moneys paid to
the authority to be deposited by the authority into the general fund of the
state treasury and $50.00 of these moneys shall be retained by the local
governing authority.
(c)
The authority shall, on a quarterly basis, make a report and accounting of all
funds collected pursuant to this Code section and shall submit such report and
accounting to the Office of Planning and Budget, the House Budget Office, and
the Senate Budget Office no later than 60 days after the last day of the
preceding quarter."
SECTION
45.
Title
20 of the Official Code of Georgia Annotated, relating to education, is amended
by revising Code Section 20-1A-4, relating to powers and duties of the
Department of Early Care and Learning, as follows:
"20-1A-4.
The
Department of Early Care and Learning shall have the following powers and
duties:
(1)
To administer such programs and services as may be necessary for the operation
and management of voluntary pre-kindergarten, which shall be known as 'Georgia's
Pre-K Program';
(2)
To administer such programs and services as may be necessary for the operation
and management of preschool and child development programs, such as Even Start
and child care regulation and food programs;
(3)
To act as the agent of the federal government in conformity with this chapter
and the administration of any federal funds granted to the state to aid in the
furtherance of any functions of the department;
(4)
To assist local units of administration in this state so as to assure the
proliferation of services under this chapter;
(5)
To regulate early care and education programs in accordance with this
chapter;
(6)
To perform the functions set out in Code Section 20-1A-64, relating to
improvement of the quality, availability, and affordability of child care in
this state;
(7)
To serve as the Head Start state collaboration office;
(8)
To establish and collect annual fees for licensure, registration, or commission
of early care and education programs. Such fees so established shall be
reasonable and shall be determined in such a manner that the total amount of
fees established shall help defray the direct and indirect costs to the
department in performing such function. The department shall remit all fees
collected to the general fund of the state;
(8)(9)
To perform any other functions as agreed upon between the department and the
Department of Human Resources (now known as the Department of Human Services),
pursuant to Code Section 20-1A-8;
(9)(10)
To perform any other functions as agreed upon between the department and the
Department of Education, in accordance with Code Section 20-1A-17;
and
(10)(11)
To exercise the powers reasonably necessary to accomplish the purposes of this
chapter, including, but not limited to, contracting for
services."
SECTION
46.
Said
title is further amended by revising subsections (k), (m), and (r) of Code
Section 20-1A-10, relating to consultation by the Department of Early Care and
Learning on early care and education programs and other matters, and by adding a
new subsection to read as follows:
"(k)(1)
Application for a license, commission, or registration for an early care and
education program shall be made to the department upon forms furnished by the
department. Upon receipt of an application for a license, registration, or
commission and upon presentation by the applicant of evidence that the early
care and education program meets the rules and regulations prescribed by the
department, the department shall issue such early care and education program a
license, registration, or commission for a one-year period.
(2)
On and after the effective date of this paragraph, the following annual fees
shall apply to applications for licensure, registration, or commission as a
day-care center, child care learning center, group day-care home, or family
day-care home:
|
(A)
Capacity of fewer than 25 children
|
$
50.00
|
|
(B)
Capacity of 26 to 50 children
|
100.00
|
|
(C)
Capacity of 51 to 100 children
|
150.00
|
|
(D)
Capacity of 101 to 200 children
|
200.00
|
|
(E)
Capacity of more than 200 children
|
250.00"
|
"(m)
The department shall refuse to issue a license, registration, or commission upon
a showing of:
(1)
Noncompliance with the rules and regulations for day-care centers, family
day-care homes, group day-care homes, or child care learning centers which are
designated in writing to the facilities as being related to children's health
and safety;
(2)
Flagrant and continued operation of an unlicensed, unregistered, or
uncommissioned facility in contravention of the law;
or
(3)
Prior license, registration, or commission denial or revocation within one year
of
application;
or
(4)
Failure to pay the annual fee for licensure, registration, or commission of
early care and education
programs."
"(r)
If abuses, derelictions, or deficiencies are found in the operation and
management of any early care and education program,
including
failure to pay the annual fee for licensure, registration, or
commission, they shall be brought
immediately to the attention of the management of such program; and if
correctable, but not corrected within a reasonable time, the department shall
revoke the license, registration, or commission of such program in the manner
prescribed in this Code section."
SECTION
46.1.
Said
title is further amended by revising subsections (b) and (c) of Code Section
20-1A-12, relating to actions authorized by department in event of violations,
as follows:
"(b)
The department shall have the authority to take any of the actions enumerated in
subsection (c) of this Code section upon a finding that the applicant or holder
of a license has:
(1)
Knowingly made any false statement of material information in connection with
the application for a license, or in statements made or on documents submitted
to the department as part of an inspection, survey, or investigation, or in the
alteration or falsification of records maintained by the early care and
education program;
(2)
Failed or refused to provide the department with access to the premises subject
to regulation or information pertinent to the initial or continued licensing of
the program;
(3)
Failed to comply with the licensing requirements of this state;
or
(4)
Failed to pay the annual fee for licensure, registration, or commission of early
care and education programs; or
(4)(5)
Failed to comply with any provisions of this Code section.
(c)
When the department finds that any applicant or holder of a license has violated
any provision of subsection (b) of this Code section or laws, rules,
regulations, or formal orders related to the initial or continued licensing of
the program, the department, subject to notice and opportunity for hearing, may
take any of the following actions:
(1)
Refuse to grant a license; provided, however, that the department may refuse to
grant a license without holding a hearing prior to taking such
action;
(2)
Administer a public reprimand;
(3)
Suspend any license for a definite period or for an indefinite period in
connection with any condition which may be attached to the restoration of said
license;
(4)
Prohibit any applicant or holder of a license from allowing a person who
previously was involved in the management or control, as defined by rule, of any
program which has had its license revoked or denied within the past 12 months to
be involved in the management or control of such program;
(5)
Revoke any license;
(6)
Impose a fine, not to exceed a total of $25,000.00, of up to $500.00 per day for
each violation of a law, rule, regulation, or formal order related to the
initial or ongoing licensing of any program;
or
(7)
Impose a late fee of up to $250.00 for failure of an early care and education
program to pay the annual fee for licensure, registration, or commission within
30 days of due date as established by the department; or
(8)
Limit or restrict any license as the department deems necessary for the
protection of the public, including, but not limited to, restricting some or all
services of or admissions into a program for a time certain.
In
taking any of the actions enumerated in this subsection, the department shall
consider the seriousness of the violation, including the circumstances, extent,
and gravity of the prohibited acts, and the hazard or potential hazard created
to the health or safety of the public."
SECTION
47.
Title
21 of the Official Code of Georgia Annotated, relating to elections, is amended
by revising subsection (l) of Code Section 21-5-34, relating to disclosure
reports, as follows:
"(l)
In addition to other penalties provided under this chapter,
an
additional
a
filing fee of
$25.00
$100.00
shall be imposed for each report that is filed late. In addition, a filing fee
of
$50.00
$250.00
shall be imposed on the fifteenth day after the due date if the report has still
not been
filed;
provided, however, a 15 day extension period shall be granted on the final
report.
A fine of
$1,000.00 shall be imposed on the forty-fifth day after the due date for such
report if the report has not been filed by such date. In the case of a
candidate, such fine shall be paid from the personal funds of the candidate and
no other funds from any source may be used to pay such
fine."
SECTION
48.
Said
title is further amended in subsection (a) of Code Section 21-5-50, relating to
filing of financial disclosure statements, by adding a new paragraph to read as
follows:
"(6)
In addition to other penalties provided under this chapter, a filing fee of
$100.00 shall be imposed for each financial disclosure statement that is filed
late. In addition, a filing fee of $250.00 shall be imposed on the fifteenth
day after the due date if the statement has still not been filed. A fine of
$1,000.00 shall be imposed on the forty-fifth day after the due date for such
statement if the statement has not been filed by such date. Such fine shall be
paid from the personal funds of the person required to file such statement and
no other funds from any source may be used to pay such
fine."
SECTION
49.
Said
title is further amended by revising subsection (f) Code Section 21-5-71,
relating to registration of lobbyists, as follows:
"(f)(1)
Each person registering under this Code section shall pay the registration fees
set forth in paragraph (2) of this subsection; provided, however, that a person
who represents any state, county, municipal, or public agency, department,
commission, or authority shall be exempted from payment of such registration
fees and a
person employed by an organization exempt from federal income taxation under
Section 501(c)(3) or 501(c)(4) of the Internal Revenue Code, as that code is
defined in Code Section 48-1-2, shall be exempted from payment of such
registration fees except for payment of an initial registration fee of
$25.00.
(2)
The commission shall collect the following fees:
|
(A)
Annual lobbyist registration
or
renewal filed pursuant to this Code
section
|
$200.00
$300.00
|
|
(B)
Lobbyist supplemental registration filed pursuant to this Code
section
|
10.00
|
|
(C)
Each copy of
a lobbyist identification card issued
pursuant to this Code section
|
5.00
20.00
|
|
(D)
In addition to other penalties provided under this chapter, a filing fee of
$50.00
$100.00
shall be imposed for each report that is filed late. In addition, a filing fee
of
$25.00
$250.00
shall be imposed on the fifteenth day after the due date if the report has still
not been filed.
A fine of
$1,000.00 shall be imposed on the forty-fifth day after the due date for such
report if the report has not been filed by such date. When such a fine is
imposed, such fine shall be paid from the personal funds of the lobbyist and no
other funds from any source may be used to pay such
fine."
|
|
SECTION
50.
Title
25 of the Official Code of Georgia Annotated, relating to fire protection and
safety, is amended by revising subsection (a) of Code Section 25-2-4.1, relating
to fees and charges for regulating fire and other hazards, as
follows:
"(a)
The Commissioner is authorized to assess and collect, and persons so assessed
shall pay in advance to the Commissioner, fees and charges under this chapter as
follows:
|
(1)
New anhydrous ammonia permit for storage in bulk (more than 2,000 gallons
aggregate capacity) for sale or distribution one-time fee
|
$
100.00
150.00
|
|
(2)
Annual license for manufacture of explosives other than fireworks
|
100.00
150.00
|
|
(3)
Annual license for manufacture, storage, or transport of fireworks
|
1,000.00
1,500.00
|
|
(4)
Carnival license
|
100.00
150.00
|
|
(5)
Certificate of occupancy
|
100.00
|
|
(6)
Construction plan review:
|
|
|
(A)
Bulk storage construction
|
100.00
150.00
|
|
(B)
Building construction, 10,000 square feet or less
|
100.00
150.00
|
|
(C)
Building construction, more than 10,000 square feet
|
.015
per square foot
|
|
(D)
Other construction
|
100.00
150.00
|
|
(7)
Fire sprinkler contractor certificate of competency
|
100.00
150.00
|
|
(8)
Liquefied petroleum gas storage license:
|
|
|
(A)
2,000 gallons or less
|
100.00
150.00
|
|
(B)
More than 2,000 gallons
|
500.00
600.00
|
|
(9)
Building construction inspection:
|
|
|
(A)
80 percent completion, 100 percent completion, annual, and first
follow-up
|
none
|
|
(B)
Second follow-up
|
100.00
150.00
|
|
(C)
Third and each subsequent follow-up
|
150.00
220.00
|
|
(10)
Purchase, storage, sale, transport, or use of explosives other than
fireworks:
|
|
|
(A)
500 pounds or less
|
50.00
75.00
|
|
(B)
More than 500 pounds
|
100.00
150.00
|
|
(11)
New self-service gasoline station permit one-time fee
|
100.00
150.00
|
|
(12)
New permit to dispense compressed natural gas (CNG) for vehicular fuel one-time
fee
|
100.00
150.00"
|
SECTION
50.1.
Said
title is further amended by revising Code Section 25-2-20, relating to the
licensing of carnivals, circuses, and other exhibits, as follows:
"25-2-20.
All
traveling motion picture shows, carnivals, and circuses shall obtain a fire
prevention regulatory license from the state fire marshal based upon compliance
with this chapter, as set forth in rules and regulations promulgated by the
Commissioner. The fee for the license shall be
$100.00
$150.00
for each calendar year or part thereof, payable to the state fire marshal, who
shall pay the same into the state treasury."
SECTION
51.
Said
title is further amended by revising Code Section 25-10-5, relating to licensing
of fireworks dealers or displays, as follows:
"25-10-5.
The
annual license fee for any person, firm, or corporation conducting business in
this state under paragraph (4) of Code Section 25-10-3 or storing fireworks
under Code Section 25-10-3.1 or conducting pyrotechnic displays under Code
Section 25-10-3.2 shall be
$1,000.00
$1,500.00
per year, payable to the Safety Fire Commissioner. The license shall expire on
December 31 of each year. The Safety Fire Commissioner is authorized and
directed to promulgate safety regulations relating to the manufacture, storage,
and transportation of fireworks within this state in order to ensure the
adequate protection of the employees of any such person, firm, or corporation
and of the general public. The Safety Fire Commissioner is also authorized and
directed to promulgate safety regulations relating to the public exhibition or
display of pyrotechnics and the licensing requirements of those conducting such
public exhibitions or displays, as he or she deems necessary. The Safety Fire
Commissioner is further authorized and directed to conduct periodic inspections
of the facilities of any person, firm, or corporation manufacturing, storing,
and transporting fireworks as provided in paragraph (4) of Code Section 25-10-3
or as provided in Code Section 25-10-3.1 in order to ensure compliance with fire
safety rules and regulations."
SECTION
52.
Said
title is further amended by revising subsection (a) Code Section 25-11-4,
relating to certificates of competency for fire protection sprinkler
contractors, as follows:
"(a)
Any individual desiring to become a certificate holder shall submit to the
Commissioner a completed application on forms prescribed by the Commissioner.
Such individual shall remit with his or her application a nonrefundable
certificate fee of
$100.00
$150.00
plus a one-time filing fee of
$50.00
$75.00.
Such fee shall not be prorated for portions of a year."
SECTION
53.
Said
title is further amended by revising subsections (b) and (d) of Code Section
25-11-5, relating to licenses for fire protection sprinkler contractors, as
follows:
"(b)
Any organization or individual desiring to become a fire protection sprinkler
contractor shall submit to the Commissioner a completed application on forms
prescribed by him or her. Such organization or individual shall remit with his
or her application a nonrefundable license fee of
$50.00
$100.00
plus a one-time filing fee of
$50.00
$75.00.
Such fee shall not be prorated for portions of a year."
"(d)
A fire protection sprinkler contractor license shall expire annually as
determined by the rules and regulations. A license holder desiring to renew his
or her license shall submit a renewal application to the Commissioner and remit
a renewal fee of
$50.00
$75.00
on or before the date determined by the rules and regulations of each
year."
SECTION
54.
Said
title is further amended by revising subsections (a) and (c) of Code Section
25-11-6, relating to fire protection sprinkler system inspector licenses, as
follows:
"(a)
Any individual desiring to become a fire protection sprinkler system inspector
shall submit to the Commissioner a completed application on the prescribed
forms. Such individual shall remit with his or her application a nonrefundable
license fee of
$50.00
$100.00
plus a one-time filing fee of
$50.00
$75.00.
Such fees shall not be prorated for portions of a year."
"(c)
A fire protection sprinkler system inspector license shall expire annually as
determined by the rules and regulations. A license holder desiring to renew his
or her license shall submit a renewal application to the Commissioner and remit
a renewal fee of
$50.00
$75.00
on or before the date determined by the rules and regulations of each
year."
SECTION
55.
Said
title is further amended by revising subsections (a) and (c) of Code Section
25-11-7, relating to fire protection system designer licenses, as
follows:
"(a)
Any individual desiring to become a fire protection system designer shall submit
to the Commissioner a completed application on forms prescribed by the
Commissioner. Such individual shall remit with his or her application a
nonrefundable license fee of
$50.00
$100.00
plus a one-time filing fee of
$50.00
$75.00.
Such fee shall not be prorated for portions of a year."
"(c)
A fire protection system designer license shall expire annually as determined by
the rules and regulations. A license holder desiring to renew his or her
license shall submit a renewal application to the Commissioner and remit a
renewal fee of
$50.00
$75.00
on or before the date determined by the rules and regulations of each
year."
SECTION
56.
Said
title is further amended by revising Code Section 25-12-8, relating to permits
for fire suppression systems and fire extinguishers testing, as
follows:
"25-12-8.
Each
individual actually performing the installing, inspecting, repairing,
recharging, servicing, or testing activities must possess a valid and subsisting
permit issued by the Commissioner. The annual fee for said permit shall be as
established by the Commissioner by rule or regulation, but such permit fee shall
not exceed
$25.00
$75.00.
Such permit shall not be required for any individual employed by any firm or
governmental entity that engages only in installing, inspecting, recharging,
repairing, servicing, or testing of portable fire extinguishers or fire
suppression systems owned by the firm and installed on property under the
control of said firm. Such individuals shall remain subject to the rules and
regulations adopted pursuant to this chapter."
SECTION
57.
Title
26 of the Official Code of Georgia Annotated, relating to food, drugs, and
cosmetics, is amended by revising Code Section 26-2-25, relating to licensing of
food sales establishments, as follows:
"26-2-25.
(a)
It shall be unlawful for any person to operate a food sales establishment
without having first obtained a license from the Commissioner. No license
issued under this article shall be suspended or revoked except for health and
sanitation reasons or violations of this article and until the licensee to be
affected shall be provided with reasonable notice thereof and an opportunity for
hearing, as provided under Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act.' Licenses issued under this article shall be
valid until
suspended or revoked
renewed
annually and shall not be transferable
with respect to persons or location.
There shall
be no fee for such license. Each food
sales establishment licensed pursuant to this Code section shall post such
license on the premises in an open and conspicuous manner so as to be visible to
the public. Neither the state nor any county, municipality, or consolidated
government shall issue or renew any business or occupation license or permit for
any food sales establishment until the establishment complies with the
requirements of this article.
(b)
The Commissioner shall charge the following fees for the licenses issued
pursuant to subsection (a) of this Code section. The fee structure shall be
based on the level of risk, procedural effort, and inspection time needed for
each food sales establishments:
|
(1)
Tier 5
|
$300.00
|
|
(2)
Tier 4
|
250.00
|
|
(3)
Tier 3
|
200.00
|
|
(4)
Tier 2
|
150.00
|
|
(5)
Tier 1
|
100.00
|
(c)
The Department of Agriculture shall establish rules and regulation by which to
assign each food sales establishment to a proper tier and to collect the fees
provided for in this Code
section."
SECTION
58.
Said title is further amended by revising subsection (a) of Code Section 26-2-312, relating to a wholesale fish dealer license, as follows:
Said title is further amended by revising subsection (a) of Code Section 26-2-312, relating to a wholesale fish dealer license, as follows:
"(a)
No person, firm, association of persons, or corporation shall be authorized or
permitted to engage in the business of wholesale fish dealer in this state
without first having paid to the Commissioner of Agriculture the annual license
fees required in this Code section and having procured a license from the
Commissioner authorizing such person to engage in the business of wholesale fish
dealer. Any
fees collected pursuant to this Code section shall be retained pursuant to the
provisions of Code Section 45-12-92.1. The
annual license fee applicable to and required of wholesale fish dealers shall be
as follows:
(1)
The annual license fee for each resident wholesale fish dealer shall be
$50.00
$60.00
for each place of business, fixed or movable;
(2)
The annual license fee for each nonresident or alien wholesale fish dealer shall
be
$50.00
$60.00
for each place of business, fixed or movable, provided that the annual license
fee for each nonresident or alien wholesale fish dealer who is a resident of a
state which charges Georgia resident wholesale fish dealers a fee in excess of
$50.00
$60.00
shall be the same as the fee such state charges Georgia resident wholesale fish
dealers for each place of business, fixed or movable. The Commissioner of
Agriculture of the State of Georgia may enter into a reciprocal agreement with
any other state to limit the fees such state charges a Georgia resident who
operates as a wholesale fish dealer or its equivalent in such other
state."
SECTION
58.1.
Said
title is further amended by repealing Code Section 26-2-319, relating to fish
dealer license fees, and designating it as "Reserved."
SECTION
59.
Said
title is further amended by revising subsection (a) of Code Section 26-2-411,
relating to a sale of meat, poultry, or seafood from mobile vehicles license, as
follows:
"(a)
Any person who sells, displays for sale, or offers for sale at retail any fresh
or frozen meat, poultry, or seafood in, on, or from a mobile vehicle shall
prominently display in such mobile vehicle a current and valid license issued by
the Department of Agriculture. Such license shall be issued by the department
following the satisfactory inspection of such mobile vehicle and the meat,
poultry, or seafood offered for sale therefrom to determine compliance with the
laws of this state and the rules and regulations of the Commissioner and the
payment of a license fee of
$50.00
$100.00
per vehicle per year or any portion thereof. All licenses shall expire 12
months from the date of issue. Any license may be renewed for any subsequent
year upon a satisfactory inspection of the mobile vehicle and its contents and
the payment of the license fee.
Any fees
collected pursuant to this Code section shall be retained pursuant to the
provisions of Code Section
45-12-92.1."
SECTION
60.
Title
32 of the Official Code of Georgia, relating to highways, bridges, and ferries,
is amended by revising Code Section 32-6-75.2, relating to the Roadside
Enhancement and Beautification Fund, as follows:
"32-6-75.2.
There
is established a special fund to be known as the 'Roadside Enhancement and
Beautification Fund.' This fund shall consist of all moneys collected under
Code Section 32-6-75.3, any appropriations by the General Assembly to the fund,
revenues derived from the sale of any special and distinctive wildflower motor
vehicle license plates issued pursuant to
Code
Section 40-2-49.2
paragraph (5)
of subsection (l) of Code Section 40-2-86,
any contributions to the fund from any other source, and all interest thereon.
All moneys collected under Code Section 32-6-75.3 and
manufacturing
fees for any special and distinctive wildflower motor vehicle license plates
shall be paid into the fund. All balances in the fund shall be deposited in an
interest-bearing account identifying the fund and shall be carried forward each
year so that no part thereof may be deposited in the general treasury. The
department shall administer the fund and expend moneys held in the fund in
furtherance of roadside enhancement and beautification projects along public
roads in this state and administration of the tree and vegetation trimming
permit program under Code Section 32-6-75.3. In addition to the foregoing, the
department may, without limitation, promote and solicit voluntary contributions,
promote the sale of motor vehicle license tags authorized under
Code
Section 40-2-49.2
paragraph (5)
of subsection (l) of Code Section 40-2-86,
and develop any fund raising or other promotional techniques deemed appropriate
by the department. Contributions to the fund shall be deemed supplemental to
and shall in no way supplant funding that would otherwise be appropriated for
these purposes. The department shall prepare, by February 1 of each year, an
accounting of the funds received and expended from the fund. The report shall
be made available to the members of the State Transportation Board, the Senate
Transportation Committee, the Transportation Committee of the House of
Representatives, and to members of the public on request."
SECTION
61.
Said
title is further amended by revising subsection (a) of Code Section 32-9-4,
relating to designation of travel lanes, as follows:
"(a)
The department is authorized to designate travel lanes in each direction of
travel on any road in the state highway system for the exclusive or preferential
use of:
(1)
Buses;
(2)
Motorcycles;
(3)
Passenger vehicles occupied by two persons or more;
(4)
Vehicles bearing alternative fueled vehicle license plates issued under
Code
Section 40-2-76
paragraph (7)
of subsection (l) of Code Section
40-2-86.1; or
(5)
Other vehicles as designated by the department.
Where
such designation has been made, the road shall be appropriately marked with such
signs or other roadway markers and markings to inform the traveling public of
the lane restrictions imposed."
SECTION
62.
Said
title is further amended by revising subsection (b) of Code Section 32-9-8,
relating to airport licensing, as follows:
"(b)
It is declared that the operation of airports used by the public for general
aviation purposes but which are operated without regulation as to minimum and
uniform safety requirements endangers the lives and property of persons
operating aircraft at these facilities, the passengers of aircraft operated by
such persons, and the occupants of lands in the vicinity of such facilities.
For the purpose of establishing and improving a system of safer airports and to
foster safer operating conditions at these airports, the department is
authorized and directed to provide for the licensing of airports. The
department may charge a license fee of
$10.00
$100.00 per
runway, up to a maximum of $400.00, for
each original license and each renewal thereof. All licenses shall be renewed
biennially. In promulgating the rules and regulations establishing minimum
standards, the department shall consult with the Georgia Aviation Trades
Association."
SECTION
63.
Title
33 of the Official Code of Georgia Annotated, relating to insurance, is amended
by revising subsection (g) Code Section 33-2-24, relating to enforcement of laws
and regulations by the Commissioner of Insurance, as follows:
"(g)
In addition to all other penalties provided for under this title, the
Commissioner shall have the authority to place any insurer, agent, broker,
counselor, solicitor, administrator, or adjuster on probation for a period of
time not to exceed one year for each and every act in violation of this title or
of the rules and regulations or orders of the Commissioner and may subject such
insurer, agent, broker, counselor, solicitor, administrator, or adjuster to a
monetary penalty of up to
$1,000.00
$2,000.00
for each and every act in violation of this title or of the rules, regulations,
or orders of the Commissioner, unless the insurer, agent, broker, counselor,
solicitor, administrator, or adjuster knew or reasonably should have known he
or
she was in violation of this title or of
the rules and regulations or orders of the Commissioner, in which case the
monetary penalty provided for in this subsection may be increased to an amount
up to $5,000.00 for each and every act in violation."
SECTION
64.
Title
40 of the Official Code of Georgia Annotated, relating to motor vehicles and
traffic, is amended by revising Code Section 40-2-9, relating to county name
decals on license plates, as follows:
"40-2-9.
Any
metal
special, distinctive, or prestige license plate, except those provided for in
Code Sections 40-2-61, 40-2-62, 40-2-74, 40-2-82, and 40-2-85.1 or as otherwise
expressly provided in this chapter, shall contain a space for a county name
decal. The provisions of this chapter relative to county name decals shall be
applicable to all such license plates."
SECTION
65.
Said
title is further amended by revising Code Section 40-2-22, relating to
applications to local tag agents, as follows:
"40-2-22.
License
plates and revalidation decals shall be issued only upon applications made to
the local tag agent
or the
commissioner.
License plates and revalidation decals may be issued by the local tag agent upon
a proper application and in accordance
with the terms of this chapter
or by the
commissioner on an appropriate application forwarded to him by the local tag
agent where the type of license plate applied for is not maintained in local
inventory or where the license plate applied for is one of those special license
plates provided by law.
The
commissioner shall not be authorized to receive any applications for license
plates or revalidation decals except those received through the local tag agents
as provided for in this
chapter."
SECTION
66.
Said
title is further amended by revising Code Section 40-2-30, relating to
purchasing license plates by mail, as follows:
"40-2-30.
An
applicant may purchase a vehicle license plate or revalidation decal by mail, by
mailing a properly completed application form to the tag agent of the county of
his or
her residence along with a
bank check
or money order in the amount of the
license fee and all ad valorem taxes due thereon plus an additional fee of
$1.00. The
governing authority of the county may by resolution authorize the tag agent of
the county to receive application and payment for the purchase of a license
plate or revalidation decal by mail without charging the additional $1.00
fee."
SECTION
67.
Said
title is further amended by revising subsections (b), (b.1), and (d) of Code
Section 40-2-31, relating to the design of license plates and revalidation
decals, as follows:
"(b)
Such license plates shall be
of
metal at least six inches wide and not
less than 12 inches in length, except motorcycle license plates which shall be
at least four inches wide and not less than seven inches in length, and shall
show in
bold
boldface
characters the month and year of expiration, the serial number, and either the
full name or the abbreviation of the name of the state, shall designate the
county from which the license plate was issued
unless
specifically stated otherwise in this
chapter, and shall show such other
distinctive markings as in the judgment of the commissioner may be deemed
advisable, so as to indicate the class of weight of the vehicle for which the
license plate was issued; and any license plate for a low-speed vehicle shall
designate the vehicle as such. Such plates may also bear such figures,
characters, letters, or combinations thereof as in the judgment of the
commissioner will to the best advantage advertise, popularize, and otherwise
promote Georgia as the 'Peach State.' The
metal
license
plate shall be of such strength and
quality that the plate shall provide a minimum service period of at least five
years. The commissioner shall adopt rules and regulations, pursuant to the
provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act,' for the design and issuance of new
metal
license plates and to implement the other provisions of this Code
section.
(b.1)
Repealed.
Notwithstanding
the provisions of Code Sections 40-2-131 and 48-2-17, the commissioner shall
retain the costs of manufacturing and delivery of license plates, revalidation
decals, and county name decals from the registration fee as set forth in Code
Section 40-2-151."
"(d)
In those years in which a
metal
new
license plate is not issued, a
revalidation decal with a distinctive serial number shall be issued and affixed
in the space provided on the license plate issued to the applicant which shall
indicate the year and month through which the registration of the vehicle shall
be valid; provided, however, that if the commissioner determines that it is
necessary, two revalidation decals shall be issued for each license plate to
reflect the required information. When an applicant is issued a revalidation
decal and such applicant registered the vehicle in another county the previous
year, the applicant shall also be issued a new county decal which shall be
properly affixed to the license plate and shall replace the other county
decal."
SECTION
68.
Said
title is further amended by revising subsection (b) of Code Section 40-2-33,
relating to issuance of license plates and compensation of tag agents, as
follows:
"(b)
Except as
provided for in Code Section 40-2-22, the
The
amount of commission permitted as compensation to tag agents under this Code
section shall be $1.00 per license plate or revalidation decal issued during any
calendar year. Twenty-five cents for each license plate or revalidation decal
sold in excess of 4,000 during any one calendar year shall become the property
of the county and shall be turned over to the fiscal authorities of the county
by the tag agent. The remaining portion of such commissions shall be disposed
of as provided in Code Section 40-2-34."
SECTION
69.
Said
title is further amended by revising subsection (a) of Code Section 40-2-60,
relating to prestige license plates, 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
$25.00
$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
$25.00
$35.00
as a condition of obtaining an annual revalidation decal for such license plate
which fee 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
70.
Said
title is further amended by revising subsections (c), (d), and (h) of Code
Section 40-2-60.1, relating to the standardized administrative process for the
issuance of special license plates, as follows:
"(c)
As used in this Code section, the term:
(1)
'Manufacturing fee' means a $25.00 fee paid at the time an application is
submitted or upon the issuance of a special license plate.
(2)
'Registration fee' means the fees as set forth in Code Section
40-2-151.
(3)
'Special license plate' means a
metal
license plate that is authorized under this Code section that commemorates an
event or supports an agency, fund, or program beneficial to the people of this
state or is specifically authorized by the General Assembly for certain persons
or vehicles.
(4)
'Special license plate fee' means a
$25.00
$35.00
fee paid at the time a special license plate is issued.
(5)
'Special license plate renewal fee' means a
$25.00
$35.00
fee paid at the time a special license plate is renewed and a revalidation decal
is issued.
(c.1)
Any special license plate issued under the provisions of this Code section shall
be subject to the manufacturing fee, special license plate fee, and special
license plate renewal fee provided for in this Code section.
(d)
The agency, fund, or nonprofit corporation sponsoring a special license plate,
in cooperation with the commissioner, shall design a special distinctive license
plate appropriate to promote the program benefited by the issuance of the
special license plate. Special license plates for groups of individuals and
vehicles shall be readily recognizable by the insertion of an appropriate logo
or graphic identifying the special nature of the license plate. All special
license plates must be of the same size as general issue motor vehicle license
plates and shall include a unique design and identifying number, whereby the
total number of characters does not exceed
six
an amount to
be determined by the commissioner. No two
recipients shall receive identically numbered plates.
The graphic
on the special license plate shall be placed to the left of the alphanumeric
characters and shall be no larger than three inches by three
inches. Spaces for county name labels are
required for license plates authorized under this Code section unless expressly
eliminated by the request of the agency, fund, or nonprofit corporation
sponsoring a special license plate at the time the license plate is
designed."
"(h)
After July
1, 2007, any
Any
party requesting a special license plate not previously authorized by this
chapter shall make application with the department. The application shall
include a design of the proposed license plate and a bond of $50,000.00 to serve
as surety for moneys collected from applicants by the sponsor. The commissioner
shall review and approve or disapprove all applications within 30 days of
receipt by the department. Upon approval of the design by the commissioner, the
special license plate authorized pursuant to this subsection shall not be issued
except upon the receipt by the department of at least 1,000
prepaid
applications together with the manufacturing fees within two years after the
date of approval by the commissioner. After such time if the minimum number of
applications is not met, the department shall not continue to accept the
manufacturing
fee
fees,
and all fees held by the department and the sponsor shall be refunded to
applicants;
provided, however, that once the department has received 1,000 prepaid
applications along with the manufacturing fees, the sponsor shall not be
entitled to a refund."
SECTION
71.
Said
title is further amended by revising Code Section 40-2-61, relating to special
license plates for certain governmental officials, as follows:
"40-2-61.
The
commissioner shall design and issue distinctive license plates to each United
States Senator and Congressman elected from the State of Georgia, the Governor,
the Lieutenant Governor, the Speaker of the House of Representatives, and each
Justice of the Supreme Court and each Judge of the Court of Appeals 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. 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 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
$35.00
which 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."
SECTION
72.
Said
title is further amended by revising Code Section 40-2-62, relating to special
license plates for 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 to the local tag agent in the counties wherein
such 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, 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 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
$35.00
which 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
73.
Said
title is further amended by revising subsection (b) of Code Section 40-2-64.1,
relating to special license plates for foreign organizations, 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
the regular
license fee,
any
registration fees, including the $25.00 manufacturing fee and the $35.00 special
license plate fee or the $35.00 special license plate renewal fee, as
applicable, 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. Such license plates
shall be fastened to both the front and the rear of the
vehicle."
SECTION
74.
Said
title is further amended by reserving the following Code
sections:
(1) Code Section 40-2-32, relating to license plates commemorating colleges and universities;
(2) Code Section 40-2-75, relating to special license plates for amateur radio operators;
(3) Code Section 40-2-76, relating to special license plates for vehicles using alternative fuels;
(4) Code Section 40-2-77, relating to special license plates for antique or hobby or special interest vehicles; and
(5) Code Section 40-2-78, relating to special license plates for firefighters.
(1) Code Section 40-2-32, relating to license plates commemorating colleges and universities;
(2) Code Section 40-2-75, relating to special license plates for amateur radio operators;
(3) Code Section 40-2-76, relating to special license plates for vehicles using alternative fuels;
(4) Code Section 40-2-77, relating to special license plates for antique or hobby or special interest vehicles; and
(5) Code Section 40-2-78, relating to special license plates for firefighters.
SECTION
75.
Said
title is further amended by repealing the following Code
sections:
(1) Code Section 40-2-32.1, relating to license plates for Georgia organizations;
(2) Code Sections 40-2-48 through 40-2-49.1, which were reserved;
(3) Code Section 40-2-49.2, relating to license plates promoting the conservation of wildflowers;
(4) Code Section 40-2-49.3, relating to license plates promoting dog and cat reproductive sterilizations;
(5) Code Section 40-2-86, which was reserved;
(6) Code Section 40-2-86.1, relating to special license plates for square and round dancers;
(7) Code Section 40-2-86.2, relating to a special license plate commemorating the Shrine hospitals for children;
(8) Code Section 40-2-86.3, which was reserved;
(9) Code Section 40-2-86.4, relating to a special license plate commemorating public schools;
(10) Code Section 40-2-86.5, relating to a special license plate honoring educators;
(11) Code Section 40-2-86.6, which was reserved;
(12) Code Section 40-2-86.7, relating to a special license plate commemorating the National Rifle Association;
(13) Code Section 40-2-86.8, relating to a special license plate supporting breast cancer programs for the medically indigent;
(14) Code Section 40-2-86.9, relating to a special license plate commemorating Rotary International;
(15) Code Section 40-2-86.10, relating to a special license plate commemorating police officers wounded in the line of duty;
(16) Code Section 40-2-86.11, relating to a special license plate commemorating the Benevolent and Protective Order of the Elks;
(17) Code Section 40-2-86.12, relating to a special license plate displaying the EMS Star of Life symbol;
(18) Code Section 40-2-86.13, which was reserved;
(19) Code Section 40-2-86.14, relating to a special license plate commemorating licensed physicians;
(20) Code Sections 40-2-86.15 through 40-2-86.17, which were reserved;
(21) Code 40-2-86.19, relating to a special license plate supporting the Global War on Terrorism and the Operation Enduring Freedom; and
(22) Code Section 40-2-86.20, relating to a special license plate supporting the Global War on Terrorism and Iraqi freedom.
(1) Code Section 40-2-32.1, relating to license plates for Georgia organizations;
(2) Code Sections 40-2-48 through 40-2-49.1, which were reserved;
(3) Code Section 40-2-49.2, relating to license plates promoting the conservation of wildflowers;
(4) Code Section 40-2-49.3, relating to license plates promoting dog and cat reproductive sterilizations;
(5) Code Section 40-2-86, which was reserved;
(6) Code Section 40-2-86.1, relating to special license plates for square and round dancers;
(7) Code Section 40-2-86.2, relating to a special license plate commemorating the Shrine hospitals for children;
(8) Code Section 40-2-86.3, which was reserved;
(9) Code Section 40-2-86.4, relating to a special license plate commemorating public schools;
(10) Code Section 40-2-86.5, relating to a special license plate honoring educators;
(11) Code Section 40-2-86.6, which was reserved;
(12) Code Section 40-2-86.7, relating to a special license plate commemorating the National Rifle Association;
(13) Code Section 40-2-86.8, relating to a special license plate supporting breast cancer programs for the medically indigent;
(14) Code Section 40-2-86.9, relating to a special license plate commemorating Rotary International;
(15) Code Section 40-2-86.10, relating to a special license plate commemorating police officers wounded in the line of duty;
(16) Code Section 40-2-86.11, relating to a special license plate commemorating the Benevolent and Protective Order of the Elks;
(17) Code Section 40-2-86.12, relating to a special license plate displaying the EMS Star of Life symbol;
(18) Code Section 40-2-86.13, which was reserved;
(19) Code Section 40-2-86.14, relating to a special license plate commemorating licensed physicians;
(20) Code Sections 40-2-86.15 through 40-2-86.17, which were reserved;
(21) Code 40-2-86.19, relating to a special license plate supporting the Global War on Terrorism and the Operation Enduring Freedom; and
(22) Code Section 40-2-86.20, relating to a special license plate supporting the Global War on Terrorism and Iraqi freedom.
SECTION
76.
Said
title is further amended by redesignating and revising Code Section 40-2-86.18,
relating to a special license plate honoring family members of service members
killed in action, as follows:
"40-2-86.18
40-2-85.3.
(a)
There shall be issued
beginning
July 1, 2007, special license plates
honoring the family members of service members who have been killed in action
while serving in the armed forces of the United States. The license plate shall
be officially designated as the Gold Star license plate.
(b)
The commissioner, in cooperation with supporters of this license plate, shall
design a special license plate for the family members of service members who
have been killed in action while serving in the armed forces of the United
States. The license plates must be of the same size as general issue motor
vehicle license plates and shall include a unique design and identifying number,
whereby the total number of characters does not exceed
six
an amount to
be determined by the commissioner. The
license plate shall bear in a conspicuous place a gold star with blue fringe on
a white background with a red border. This is the symbol for a fallen service
member. In the indented area normally used for the county of residence decal,
the words 'Gold Star Family' shall be displayed.
The graphic
on the special license plate shall be placed to the left of the alphanumeric
characters and shall be no larger than three inches by three
inches.
(c)
Notwithstanding the provisions of subsections (a) and (b) of this Code section,
this Code section shall not be implemented until such time as the State of
Georgia has, through a licensing agreement or otherwise, received such license
or other permission as may be required to implement this Code section. The
design of the initial edition of such special license plate, as well as the
design of subsequent editions and excepting only any part or parts of the
designs 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 commissioner may take such steps as may be necessary to give
notice of and protect such right, including the copyright or copyrights.
However, such steps shall be cumulative of the ownership and exclusive use and
control established by this subsection as a matter of law, and no person shall
reproduce or otherwise use such design or designs, except as authorized by the
commissioner.
(d)
On and
after July 1, 2007, any
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. Special license plates issued
under this Code section shall be renewed annually with a revalidation decal as
provided in Code Section 40-2-31. One Gold Star license plate per eligible
family member is free of charge, after payment of all ad valorem taxes and other
fees due at registration of a motor vehicle. In order to qualify as a family
member, the person must be directly related to the fallen service member as a
spouse or legal mother or father. 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.
(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)
The Gold Star license plate shall be issued only to family members of service
members who resided in Georgia at the time of the death of the service
member.
(g)
Renewal decals shall be issued at no cost to the eligible family member 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 family member. If the eligible family member fails to renew within
such time, he or she shall pay a standard renewal fee and be subject to the
standard penalties for late payment of ad valorem taxes due on the motor
vehicle.
(h)
An eligible family member may request a Gold Star license plate at any time
during his or her registration period. If such a license plate is to replace a
current valid license plate, the license plate shall be issued with appropriate
renewal decals attached.
(i)
License plates issued pursuant to this Code section shall not be transferred
between vehicles as provided in Code Section 40-2-42, unless the transfer is to
another motor vehicle owned by the eligible family member.
(j)
Gold Star license plates shall be issued within 30 days of
application.
(k)
The commissioner is authorized and directed to establish procedures and
promulgate rules and regulations to effectuate the purposes of this Code
section."
SECTION
77.
Said
title is further amended by redesignating and revising Code Section 40-2-86.21,
relating to revenue-sharing special license plates promoting certain beneficial
projects and supporting certain agencies, funds, or nonprofit corporations, and
Code Section 40-2-86.22, relating to nonrevenue-sharing special license plates
promoting certain beneficial projects and supporting certain agencies, funds, or
nonprofit corporations, as follows:
"40-2-86.21
40-2-86.
(a)(1)
As used in this Code section, the term:
(A)
'Manufacturing fee' means a $25.00 fee paid at the time a
metal
special license plate is issued.
(B)
'Special
license plate fee' means a $35.00 fee paid at the time a special license plate
is issued.
(C)
'Special
tag
license
plate renewal fee' means a
$25.00
$35.00
fee paid at the time a revalidation decal is issued for a special license
plate.
(2)
In accordance
with Article III, Section IX, Paragraph VI(n) of the Constitution,
the
The
General Assembly has determined that the issuance of special license plates to
support an agency or fund or a program beneficial to the people of this state
that is administered by a nonprofit corporation organized under Section
501(c)(3) of Title 26 of the Internal Revenue Code and dedicating a portion of
the funds raised from the sale of these special license plates is in the best
interests of the people of this state.
Therefore,
the special license plates listed in subsection (o) of this Code section shall
be issued by the department beginning on July 1, 2007, if all of the
requirements of subsections (b) through (k) of this Code section have been
satisfied. The license plates listed in subsections (m) and (n) of this Code
section shall continue to be issued so long as they meet the requirements of
subsections (b), (c), (f), (g), (i), (j), and (k) of this Code
section.
Any new
special license plates adopted on or after July 1, 2010, that share a portion of
the revenue raised with any agency, fund, nonprofit organization, or other
similar entity shall allocate the revenue in accordance with the formula
contained in subsection (l) of this Code section.
(b)
The agency, fund, or nonprofit corporation sponsoring the special license plate,
in cooperation with the commissioner, shall design special distinctive license
plates appropriate to promote the program benefited by the sale of the special
license plate. The special license plates must be of the same size as general
issue motor vehicle license plates and shall include a unique design and
identifying number, whereby the total number of characters does not exceed
six
an amount to
be determined by the commissioner. No two
recipients shall receive identically numbered plates.
The graphic
on the special license plate shall be placed to the left of the alphanumeric
characters and shall be no larger than three inches by three
inches. The agency, fund, or nonprofit
corporation sponsoring the license plate may request the assignment of the first
of 100 in a series of license plates upon payment of an additional initial
registration fee of $25.00 for each license plate requested.
(c)
Notwithstanding the provisions of subsection (b) of this Code section, no
special license plate shall be produced until such time as the State of Georgia
has, through a licensing agreement or otherwise, received such licenses or other
permissions as may be required to produce the special license plate. The design
of the initial edition of any special license plate, as well as the design of
subsequent editions and excepting only any part or parts of the designs 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 commissioner may take such steps as may be necessary to give notice of and
protect such right, including the copyright or copyrights. However, such steps
shall be cumulative of the ownership and exclusive use and control established
by this subsection as a matter of law, and no person shall reproduce or
otherwise use such design or designs, except as authorized by the
commissioner.
(d)
Beginning
on January 1, 2007, any
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 the
manufacturing
fee and the special tag renewal fee
appropriate
fees in addition to the regular motor
vehicle registration fee shall be able to apply for a special license plate
listed in
subsection
(o) of this Code section. Revalidation
decals shall be issued for special license plates in the same manner as provided
for general issue license plates.
(e)
The manufacturing fee and the special tag renewal fee derived from the sale of
special license plates listed in subsection (o) of this Code section shall be
apportioned as follows: $1.00 to the county tag agent, $2.00 to the department,
$12.00 to be deposited into the general fund, and $10.00 to be dedicated to the
sponsoring agency, fund, or nonprofit corporation as permitted by Article III,
Section IX, Paragraph VI(n) of the Constitution.
(f)(e)
Before the department disburses to the agency, fund, or nonprofit corporation
funds from the sale of special license plates, the agency, fund, or nonprofit
corporation must provide a written statement stating the manner in which such
funds shall be utilized. In addition, a nonprofit corporation must provide the
department with documentation of its nonprofit status under Section 501(c)(3) of
Title 26 of the Internal Revenue Code. The purposes for which the funds shall
be utilized must be the same as those specified in
subsections
(m) and (n) of this Code section
authorizing the dedication to the agency, fund, or nonprofit corporation of
revenue from the sale of special license plates. The agency, fund, or nonprofit
corporation shall periodically provide to the commissioner an audit of the use
of the funds or other evidence of use of the funds satisfactory to the
commissioner. If it is determined that the funds are not being used for the
purposes set forth in the statement provided by the agency, fund, or nonprofit
corporation, the department shall withhold payment of such funds until such
noncompliance issues are resolved.
(g)(f)
An applicant may request a special license plate any time during the applicant's
registration period. If such a license plate is to replace a current valid
license plate, the special license plate
if issued
under subsection (m) of this Code section shall be issued with appropriate
decals attached upon payment of the manufacturing fee but without payment of the
special tag renewal fee. However, special license plates issued under
subsections (n) and (o) of this Code
section shall be issued with appropriate
decals attached upon payment of the manufacturing fee and the special
tag
license
plate renewal fee.
(h)(g)
On or after July 1, 2010, no
No
special license plate authorized pursuant to subsection
(o)(l)
of this Code section shall be issued except upon the receipt by the department
of at least 1,000
prepaid
applications
along with the
manufacturing fees. The special license
plate shall have an application period of two years after the date on which the
application period becomes effective for payment of the manufacturing fee.
After such time if the minimum number of applications is not met, the department
shall not continue to accept the manufacturing
fee
fees,
and all fees shall be refunded to
applicants;
provided, however, that once the department has received 1,000 prepaid
applications along with the manufacturing fees, the sponsor shall not be
entitled to a refund.
(i)(h)
The department shall not be required to continue to manufacture the special
license plate if the number of active registrations falls below 500
registrations at any time during the period provided for in subsection (b) of
Code Section 40-2-31. A current registrant may continue to renew such special
license plate during his or her annual registration period upon payment of the
special
tag
license
plate renewal
fee, if
applicable, which 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
department may continue to issue such special license plates that it has in its
inventory to assist in achieving the minimum number of registrations. If the
special license plate falls below 500 active registrations at any time during
the period provided for in subsection (b) of Code Section 40-2-31, the
sponsoring agency, fund, or nonprofit corporation shall be required again to
obtain 1,000
prepaid
applications accompanied by the manufacturing
fee
fees
to continue to manufacture the special license plate.
(j)(i)
Special license plates shall be transferred from one vehicle to another vehicle
in accordance with the provisions of Code Section 40-2-80.
(k)(j)
Special license plates shall be issued within 30 days of application once the
requirements of this Code section have been met.
(l)(k)
The commissioner is authorized and directed to establish procedures and
promulgate rules and regulations to effectuate the purposes of this Code
section.
(m)(l)(1)
The General Assembly has determined that
the
following existing special license plates
supporting the agencies, funds, or nonprofit corporations listed in this
subsection shall
continue
to be issued for the purposes indicated
and that
all of the funds raised from the manufacturing fee, less a $1.00 fee to be paid
to the county tag agent and a $2.00 manufacturing fee to be paid to the
department, shall be disbursed to the agency, fund, or nonprofit corporation
indicated in this subsection. The special
license plates listed in this subsection shall
not
be subject to
a
manufacturing fee, a special
tag
license plate
fee, and a special license plate renewal
fee. The
revenue disbursement for the special license plates listed in this subsection
shall be as follows:
(A)
Manufacturing fee – $25.00 of which $24.00 is to be deposited into the
general fund and $1.00 to be paid to the local county tag agent;
(B)
Special license plate fee – $35.00 of which $25.00 is to be deposited into
the general fund and $10.00 is to be dedicated to the sponsoring agency, fund,
or nonprofit corporation as permitted by Article III, Section IX, Paragraph
VI(n) of the Constitution; and
(C)
Special license plate renewal fee – $35.00 of which $25.00 is to be
deposited into the general fund and $10.00 is to be dedicated to the sponsoring
agency, fund, or nonprofit corporation as permitted by Article III, Section IX,
Paragraph VI(n) of the Constitution.
(2)
Special license plates promoting the Nongame-Endangered Wildlife Program of the
Georgia Department of Natural Resources. The funds raised by the sale of these
special license plates shall be disbursed to the Nongame Wildlife Conservation
and Wildlife Habitat Acquisition Fund of the Georgia Department of Natural
Resources for the purposes enumerated in subsection (b) of Code Section
12-3-602. Such license plates shall not include a space for a county name decal
but shall instead bear the legend 'Give Wildlife a Chance' in lieu of the name
of the county of issuance.
(3)
A special license plate promoting conservation and enhancement of trout
populations. The funds raised by the sale of this special license plate shall
be disbursed to the Wildlife Resources Division of the Department of Natural
Resources to supplement trout restoration and management programs.
(4)
A special license plate supporting the Bobwhite Quail Restoration Initiative.
The funds raised by the sale of this special license plate shall be disbursed to
the Wildlife Resources Division of the Department of Natural Resources to
conduct programs designed to enhance the bobwhite quail population in this
state. Such programs may include the creation of habitat demonstration areas on
state managed wildlife lands, education programs, technical assistance to
private landowners in the creation and maintenance of bobwhite quail habitats on
their lands, and projects to encourage public support for the license plate and
the activities it funds. The Department of Natural Resources may enter into
such contractual agreements as may be appropriate to further the objectives of
the Bobwhite Quail Restoration Initiative, including entering into contractual
agreements whereby private landowners, public agencies, or corporate entities
create, preserve, or enhance habitat for bobwhite quail in return for the
payment of incentives. Such license plate shall not include a space for a
county decal but shall instead bear the legend 'Support Wildlife' in lieu of the
name of the county of issuance.
(5)
Special license plates promoting the conservation of wildflowers within this
state. The funds raised by the sale of these special license plates shall be
disbursed to the Department of Transportation to be deposited in the Roadside
Enhancement and Beautification Fund established by Code Section 32-6-75.2 and
shall be expended only for the purposes enumerated in Code Section 32-6-75.2 and
Article III, Section IX, Paragraph VI(l) of the Constitution of the State of
Georgia.
(6)
Special license plates promoting the dog and cat reproductive sterilization
support program of the Georgia Department of Agriculture. The funds raised by
the sale of these special license plates shall be disbursed to the Georgia
Department of Agriculture and shall be deposited in the special fund for support
of the dog and cat reproductive sterilization support program created by Code
Section 4-15-1 and Article III, Section IX, Paragraph VI(m) of the Constitution
of the State of Georgia.
(7)
Special license plates to honor Georgia educators. The funds raised by the sale
of these special license plates shall be disbursed to a charitable foundation
designated by the State School Superintendent and used to fund educational
programs, grants to teachers, and scholarships. The license plates shall
display the phrase 'Georgia Educators Make A Difference' and a ripe Red
Delicious apple shall be depicted to the left of the identifying number of each
plate.
(8)(A)
The commissioner in cooperation with a college or university may design a
special license plate to be issued commemorating that college or university,
which license plate shall be similar in design to the license plate issued to
all other residents of the state except that the logo or emblem of the college
or university shall be placed on the license plate along with the letters and
numbers on the license plate. The name of the college or university shall be
imprinted on such special license plate in lieu of the county name
decal.
(B)
Any college or university that enters into an agreement with the commissioner
pursuant to this paragraph shall waive any royalty fees to which it might
otherwise be entitled for use of its seal, symbol, emblem, or logotype as
provided in this paragraph.
(C)
Each college or university located in Georgia that enters into an agreement with
the commissioner pursuant to this paragraph shall designate a charitable
foundation which shall annually receive an allocation from the special license
plate and special license plate renewal fees collected as provided in paragraph
(1) of this subsection. Special license plates issued under this paragraph
shall be transferred between vehicles as provided in Code Section
40-2-42.
(D)
The funds allocated for colleges and universities located in Georgia shall be
delivered by the department to the charitable foundation designated by the
particular college or university to support needs based, academic, financial aid
scholarships for eligible undergraduate students enrolled in the college or
university. The funds otherwise allocated for colleges and universities located
outside the State of Georgia shall be placed into the general fund.
(E)
Each college or university shall review and approve plans for the implementation
of these scholarship programs by the applicable charitable foundation. These
plans shall include, but need not be limited to, criteria for the awarding of
the scholarships and procedures for determining the recipients.
(o)(1)
The General Assembly has determined that license plates supporting the agencies,
funds, or nonprofit corporations listed in this subsection shall be issued for
the purposes indicated and with a portion of the revenue being disbursed to the
agency, fund, or nonprofit corporation indicated in this subsection. The
revenue disbursement for the special license plates in this subsection shall be
as described in subsection (e) of this Code section.
(2)(9)
A special license plate for the Georgia Center for the Book to support the
purchase of books for public libraries in Georgia. The funds raised by the sale
of this special license plate shall be disbursed to the Georgia Center for the
Book.
(3)(10)
A special license plate for Children's Healthcare of Atlanta to support the work
this pediatric hospital system does in the State of Georgia. The funds raised
by the sale of this special license plate shall be disbursed to Children's
Healthcare of Atlanta.
(4)(11)
A special license plate for the Georgia War Veterans Nursing Home to support the
implementation and operation of the Georgia War Veterans Nursing Home. The
funds raised by the sale of this special license plate shall be disbursed to the
Department of Veterans Service for use in operating the Georgia War Veterans
Nursing Home.
(5)(12)
A special license plate for the Georgia Automobile Racing Hall of Fame
Association to promote the Georgia Automobile Racing Hall of Fame Association,
which is devoted to preserving the history of automobile racing in Georgia. The
funds raised by the sale of this special license plate shall be disbursed to the
Georgia Automobile Racing Hall of Fame Association.
(6)(13)
A special license plate for the Alzheimer's Association, Georgia Chapter, to
help eliminate Alzheimer's disease through the advancement of research and to
enhance care and support for individuals, their families, and caregivers. The
funds raised by the sale of this special license plate shall be disbursed to the
Alzheimer's Association, Georgia Chapter.
(7)(14)
A special license plate for the school health and physical education program to
help fund school health and physical education programs. The funds raised by
the sale of this special license plate shall be disbursed to the Department of
Education.
(8)(15)
A special license plate for stroke awareness, treatment, and prevention to
support programs aiding stroke victims in Georgia. Such license plate shall not
include a space for a county name decal but shall instead bear the legend
'Stroke Awareness' in lieu of the name of the county of issuance. The funds
raised by the sale of this special license plate shall be disbursed to the
Center for Telehealth of the Medical College of Georgia.
(9)(16)
A special license plate for Project Lifesaver promoting the establishment of a
Project Lifesaver or similar type of program by local law enforcement agencies.
Project Lifesaver's mission is to use state of the art technology in assisting
those who care for victims of Alzheimer's disease and other related mental
dysfunction disorders and victims who become lost. The funds raised by the sale
of this special license plate shall be disbursed to the Department of Public
Safety or a nonprofit corporation organized exclusively for the purpose of
establishing a Project Lifesaver or similar type of program by local law
enforcement agencies.
(10)(17)
A special license plate for pediatric cancer to raise funds to support the
treatment of pediatric cancer. Such license plate shall not include a space for
a county name decal but shall instead bear the legend 'Cure Kids' Cancer' in
lieu of the name of the county of issuance. The funds raised by the sale of
this special license plate shall be disbursed to the Department of Community
Health to be deposited in the Indigent Care Trust Fund created by Code Section
31-8-152 to fund pediatric cancer screening and treatment related programs for
those children who are medically indigent and may have cancer.
(11)(18)
A special license plate for the child care industry to promote the child care
industry by encouraging higher educational standards and providing for
professional camaraderie for child care providers. Such license plate shall not
include a space for a county name decal but shall instead bear the legend
'Support Improved Child Care' in lieu of the name of the county of issuance.
The funds raised by the sale of this special license plate shall be disbursed to
the Minority Alliance for Child Care Development Advocates, Inc., for the
development of programs to help improve child care.
(12)(19)
A special license plate to display the motto, 'In God We Trust.' The funds
raised by the sale of this special license plate shall be disbursed to the Boy
Scouts of America for the development of scouting programs.
(13)(20)
A special license plate for child abuse prevention. Such license plate shall
not include a space for a county name decal but shall instead bear the legend
'Prevent Child Abuse' in lieu of the name of the county of issuance. The funds
raised by the sale of this special license plate shall be disbursed to the
Foster Family Foundation of Georgia for the development of programs to help
victims of child abuse.
(14)(21)
A special license plate for the Thanks Mom and Dad Fund. The funds raised by
the sale of this special license plate shall be disbursed to the Department of
Human Services to address the key needs of the state's older population or a
nonprofit corporation organized to serve the needs of the state's older
population.
(15)(22)
A special license plate for pediatric cancer research. The funds raised by the
sale of this special license plate shall be disbursed to the Joanna McAfee
Childhood Cancer Foundation for support of pediatric cancer research. The
design of the special license plate provided for in this paragraph shall include
the words 'Joanna McAfee Childhood Cancer Foundation' horizontally across the
bottom of the plate in lieu of the county name.
(16)(23)
A special license plate for supporting beautification projects in Cobb County.
The funds raised by the sale of this special license plate shall be disbursed to
Keep Cobb Beautiful, Inc., for support of beautification projects in Cobb
County.
(17)(24)
A special license plate for the AIDS Survival Project. The funds raised by the
sale of this special license plate shall be disbursed to the AIDS Survival
Project which is committed to providing people living with HIV the information
and support they need to live healthy and productive lives.
(18)(25)
A special license endorsing 'Support Our Troops.' The funds raised by the sale
of this special license plate shall be disbursed to the Georgia National Guard
Family Support Foundation, Incorporated.
(19)(26)
A special license plate for the Sons of Confederate Veterans. The funds raised
by the sale of this special license plate shall be disbursed to Georgia Sons of
Confederate Veterans.
(20)(27)
A special license plate for amyotrophic lateral sclerosis (ALS), also known as
'Lou Gehrig's disease,' to support research and education on amyotrophic lateral
sclerosis. The funds raised by the sale of this special license plate shall be
disbursed to the ALS Association of Georgia.
(21)(28)
A special license plate for foster parents to support programs for foster
parents in Georgia. The funds raised by the sale of this special license plate
shall be disbursed to The Adoptive and Foster Parent Association of Georgia,
Inc., for support of foster parents in Georgia.
(22)(29)
A special license plate for the Atlanta Braves Foundation to assist the
charities supported by the foundation. The funds raised by the sale of this
special license plate shall be disbursed to the Department of Community Affairs
or such other public agency or nonprofit corporation as may be
designated.
(23)(30)
A special license plate for the Atlanta Falcons Youth Foundation to assist the
charities supported by the foundation. The funds raised by the sale of this
special license plate shall be disbursed to the Atlanta Falcons Youth
Foundation. Such license plate shall not include a space for a county name
decal but shall instead bear the legend 'Atlanta Falcons' in lieu of the name of
the county of issuance.
(24)(31)
A special license plate for supporting beautification projects in Georgia. The
funds raised by the sale of this special license plate shall be disbursed to
Keep Georgia Beautiful Foundation, Inc., for support of beautification projects
in Georgia.
(25)(32)
A special license plate displaying the logo of Choose Life, Inc. The words
'Choose Life' must appear at the bottom. The funds raised by the sale of this
special license plate shall be disbursed to Choose Life of Georgia, Inc., to be
distributed among nonprofit corporations in Georgia that counsel women to
consider adoption.
(26)(33)
A special license plate supporting education on the maritime history of
Georgia's coast. The funds raised by the sale of this special license plate
shall be disbursed to The Georgia Maritime Foundation, Inc., for use in programs
supporting education on the maritime history of Georgia.
(27)(34)
A special license plate supporting programs for persons with
brain-related
brain
related disorders and disabilities. The
funds raised by the sale of this special license plate shall be disbursed to
Pilot
International,
for support of programs for persons with
brain-related
brain
related disorders in Georgia.
(28)(35)
A special license plate supporting agriculture in Georgia. The funds raised by
the sale of this special license plate shall be evenly split between Georgia 4-H
and the Georgia Association of Future Farmers of America to fund projects
promoting agriculture in Georgia.
(29)(36)
A special license plate promoting the Georgia equine industry. The funds raised
by the sale of this special license plate shall be disbursed to the Agricultural
Commodity Commission for Equines.
(30)(37)
A special license plate promoting African American history and tourism in
Georgia. The funds raised by the sale of this special license plate shall be
disbursed to organizations dedicated to the preservation of African American
history in Georgia.
(31)(38)
A special license plate honoring veterans who have been awarded the Bronze Star.
The funds raised by the sale of this special license plate shall be disbursed to
the National Guard Family Foundation.
(32)(39)
A special license plate promoting the arts in Georgia. The funds raised by the
sale of this special license plate shall be disbursed to the Georgia Council for
the Arts.
(33)(40)
A special license plate supporting programs for the treatment of autism. The
funds raised by the sale of this special license plate shall be disbursed to the
Department of Behavioral Health and Developmental Disabilities for the support
of programs for the treatment of autism in Georgia.
(34)(41)
A special license plate honoring the work of The Garden Club of Georgia, Inc.
The funds raised by the sale of this special license plate shall be disbursed to
The Garden Club of Georgia, Inc., and used to fund scholarships that are awarded
by the club.
(35)(42)
A special license plate promoting the Georgia Junior Golf Foundation. The funds
raised by the sale of this special license plate shall be disbursed to the
Georgia Junior Golf Foundation.
(36)(43)
A special license plate commemorating 100 years of scouting in the United
States. The funds raised by the sale of this special license plate shall be
disbursed to the Boy Scouts of America for the development of scouting
programs.
(37)(44)
A special license plate supporting Cobb County Public Schools. The funds raised
by the sale of this special license plate shall be disbursed to the Cobb County
Public Schools Educational Foundation and used to fund educational programs,
grants to teachers, and scholarships in the Cobb County Public School
System.
(38)(45)
A special license plate supporting the Georgia Sea Turtle Center. The funds
raised by the sale of this special license plate shall be charged and disbursed
to the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund and
used to fund nongame wildlife conservation and education programs. The design
of the license plate provided for in this paragraph shall include the words
'Jekyll Island – Georgia's Jewel' horizontally across the bottom of the
plate in lieu of the county name, with a diamond jewel symbol in place of the
dash.
(39)(46)
A special license plate commemorating and supporting the sport of soccer in
Georgia. The funds raised by the sale of this special license plate shall be
disbursed to the Georgia State Soccer Association, Inc., for the development and
promotion of soccer programs in the State of Georgia. Such license plate shall
not include a space for a county decal but shall instead bear the legend
'gasoccer.org'.
(40)(47)
A special license plate for the Georgia Aquarium to support its mission as an
entertaining, educational, and scientific institution and to promote the
conservation of aquatic biodiversity throughout the world. The funds raised by
the sale of this special plate shall be disbursed to Georgia Aquarium, Inc.
Such license plate shall not include a space for a county name decal but shall
instead bear the legend 'Georgia Aquarium' in lieu of the name of the county of
issuance.
(n)(m)(1)
The General Assembly has determined that the following special license plates
supporting the agencies, funds, or nonprofit corporations listed in this
subsection shall be issued for the purposes indicated
and that
all of the funds raised from the manufacturing fee and the special tag renewal
fee, less a $1.00 fee to be paid to the county tag agent and a $2.00
manufacturing fee to be paid to the department, shall be disbursed to the
agency, fund, or nonprofit corporation indicated in this subsection. The
special license plates listed in this subsection shall be subject to a special
tag renewal fee.
The special
license plates listed in this subsection shall be subject to a manufacturing
fee, a special license plate fee, and a special license plate renewal fee. The
revenue disbursement for the special license plates listed in this subsection
shall be as follows:
(A)
Manufacturing fee - $25.00 of which $24.00 is to be deposited into the general
fund and $1.00 to be paid to the local county tag agent;
(B)
Special license plate fee - $35.00 of which $13.00 is to be deposited into the
general fund and $22.00 is to be dedicated to the sponsoring agency, fund, or
nonprofit corporation; and
(C)
Special license plate renewal fee - $35.00 of which $13.00 is to be deposited
into the general fund and $22.00 is to be dedicated to the sponsoring agency,
fund, or nonprofit corporation.
(2)
A special license plate promoting the United States Disabled Athletes Fund, for
the support of disabled athletes. The funds raised by the sale of this special
license plate shall be disbursed
as provided in
paragraph (1) of this subsection to the
United States Disabled Athletes Fund.
(3)
A special license plate commemorating Civil War battlefields and historic sites.
The funds raised by the sale of this special license plate shall be disbursed
as provided in
paragraph (1) of this subsection to the
Civil War Commission for the acquisition of Civil War battlefields and
associated Civil War historic sites in this state and for the maintenance,
protection, and interpretation of the same as provided by Article 5 of Chapter 7
of Title 50.
(4)
A special license plate promoting historic preservation efforts. The funds
raised by the sale of this special license plate shall be disbursed
as provided in
paragraph (1) of this subsection to the
Department of Natural Resources for use by the Historic Preservation Division to
fund historic preservation programs in the state through the Georgia historic
preservation grant program as otherwise authorized by law.
(5)
A special license plate promoting bicycle safety. The funds raised by the sale
of this special license plate shall be disbursed
as provided in
paragraph (1) of this subsection to the
Governor's Highway Safety Program administered by the Office of Highway Safety
in the Department of Public Safety.
(6)
A special license plate honoring families with a member serving in the military.
The funds raised by the sale of this special license plate shall be disbursed
as provided in
paragraph (1) of this subsection to the
Department of Veterans Service for use by the National Guard Foundation in
carrying out such programs and purposes as may be contractually agreed upon by
the department and the foundation.
(7)
A special license plate promoting 'Support Georgia Troops.' The funds raised by
the sale of this special license plate shall be disbursed
as provided in
paragraph (1) of this subsection to the
Department of Veterans Service for use by the National Guard Foundation in
carrying out such programs and purposes as may be contractually agreed upon by
the department and the foundation.
(8)
A special license plate promoting NASCAR. The provisions of paragraph (1) of
this subsection notwithstanding, from the additional
$25.00
$35.00 special
license plate renewal fee charged for the
issuance and renewal of the NASCAR license plates authorized under this
paragraph, $10.25 shall be used by the department for purchasing plates from the
supplier of the plates, as designated by NASCAR, and royalty costs,
$10.00 shall
be deposited in the general fund, and
$14.75 shall be disbursed to the Governor's Highway Safety Program administered
by the Office of Highway Safety in the Department of Public Safety.
(9)
A special license plate to support breast cancer related programs for the
medically indigent. The provisions of paragraph (1) of this subsection
notwithstanding, from the additional $35.00 special license plate fee or special
license plate renewal fee charged for the issuance and renewal of breast cancer
license plates authorized under this paragraph, $12.95 shall be deposited in the
general fund and $22.05 shall be deposited in the Indigent Care Trust Fund
created by Code Section 31-8-152 to fund cancer screening and treatment related
to programs for those persons who are medically indigent and may have breast
cancer. To the extent consistent with Article III, Section IX, Paragraph VI(i)
of the Constitution and Article 6 of Chapter 8 of Title 31, such programs may
include education, breast cancer screening, grants-in-aid to breast cancer
victims, pharmacy assistance programs for breast cancer victims, and other
projects to encourage public support for the special license plate and the
activities which it funds. Such design shall include a logo the same as the
United States postal stamp supporting breast cancer research and bearing the
slogan 'Fund the Fight. Find A Cure.' over the sketch of a woman and the breast
cancer awareness pink ribbon symbol.
40-2-86.22
40-2-86.1.
(a)
The General Assembly has determined that the issuance of special license plates
to support an agency or fund or a program beneficial to the people of this state
that is administered by a nonprofit corporation organized under Section
501(c)(3) of Title 26 of the Internal Revenue Code and, subject to the
appropriation process of the General Assembly, appropriating a portion of the
funds raised from the sale of these special license plates is in the best
interests of the people of this state. Therefore, the license plates listed in
subsection (l) of this Code section shall be issued by the department
beginning
on January 1, 2007, if all of the
requirements of subsections (b) through (k) of this Code section have been
satisfied.
(b)
The commissioner, in cooperation with the agency, fund, or nonprofit corporation
sponsoring the special license plate, shall design special distinctive license
plates intended to promote the program benefited by the sale of the special
license plate. The special license plates must be of the same size as general
issue motor vehicle license plates and shall include a unique design and
identifying number, whereby the total number of characters does not exceed
six
an amount to
be determined by the commissioner. No two
recipients shall receive identically numbered plates.
The graphic
on the special license plate shall be placed to the left of the alphanumeric
characters and shall be no larger than three inches by three
inches. The agency, fund, or nonprofit
corporation sponsoring the license plate may request the assignment of the first
of 100 in a series of license plates upon payment of an additional initial
registration fee of $25.00 for each license plate requested.
(c)
Notwithstanding the provisions of subsection (b) of this Code section, no
special license plate shall be produced until such time as the State of Georgia
has, through a licensing agreement or otherwise, received such licenses or other
permissions as may be required to produce the special license plate. The design
of the initial edition of any special license plate, as well as the design of
subsequent editions and excepting only any part or parts of the designs 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 commissioner may take such steps as may be necessary to give notice of and
protect such right, including the copyright or copyrights. However, such steps
shall be cumulative of the ownership and exclusive use and control established
by this subsection as a matter of law, and no person shall reproduce or
otherwise use such design or designs, except as authorized by the
commissioner.
(d)
Beginning
on January 1, 2007, any
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, with
the addition of a $35.00 special license plate renewal
fee.
(e)
The manufacturing
fee, special
license plate fee, and special license plate renewal
fee derived from the sale of special
license plates
contained in
subsection (l) of this Code section shall
be deposited into the general fund. The sponsoring agency, fund, or nonprofit
corporation, subject to the appropriation process of the General Assembly, may
request that the funds derived from the sale of special license plates be
appropriated to the department for disbursement to such agency, fund, or
nonprofit corporation.
(f)
Before the department disburses to the agency, fund, or nonprofit corporation
funds from the sale of special license plates, the agency, fund, or nonprofit
corporation must provide a written statement stating the manner in which such
funds shall be utilized. In addition, a nonprofit corporation must provide the
department with documentation of its nonprofit status under Section 501(c)(3) of
Title 26 of the Internal Revenue Code. The purposes for which the funds shall
be utilized must be the same as those specified in subsection (l) of this Code
section authorizing the potential appropriation to the agency, fund, or
nonprofit corporation of revenue from the sale of special license plates. The
agency, fund, or nonprofit corporation shall periodically provide to the
commissioner an audit of the use of the funds or other evidence of use of the
funds satisfactory to the commissioner. If it is determined that the funds are
not being used for the purposes set forth in the statement provided by the
agency, fund, or nonprofit corporation, the department shall withhold payment of
such funds until such noncompliance issues are resolved.
(g)
An applicant may request a special license plate any time during the applicant's
registration period. If such a license plate is to replace a current valid
license plate, the special license plate shall be issued with appropriate decals
attached, upon
the payment of any applicable registration fees, the manufacturing fee, and the
special license plate fee.
(h)
No special license plate authorized pursuant to subsection (l) of this Code
section shall be issued except upon the receipt by the department of at least
1,000
prepaid
applications
along with the
manufacturing fee. The special license
plate shall have an application period of two years
after
January 1, 2007,
from the date
of authorization for payment of the
manufacturing fee. After such time if the minimum number of applications is not
met, the department shall not continue to accept the manufacturing fee, and all
fees shall be refunded to
applicants;
provided, however, that once the department has received 1,000 prepaid
applications along with the manufacturing fee, the sponsor shall not be entitled
to a refund.
(i)
The department shall not be required to continue to manufacture the special
license plate if the number of active registrations falls below 500
registrations at any time during the period provided for in subsection (b) of
Code Section 40-2-31. A current registrant may continue to renew such special
license plate during his or her annual registration period upon payment of an
additional
$25.00
annual special tag
$35.00 special
license plate renewal fee, which fee 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 department may continue to issue such special license plates that
it has in its inventory to assist in achieving the minimum number of
registrations. If the special license plate falls below 500 active
registrations at any time during the period provided for in subsection (b) of
Code Section 40-2-31, the sponsoring agency, fund, or nonprofit corporation
shall be required again to obtain 1,000
prepaid
applications accompanied by the manufacturing fee to continue to manufacture the
special license plate.
(j)
Special license plates shall be transferred from one vehicle to another vehicle
in accordance with the provisions of Code Section 40-2-80.
(k)
Special license plates shall be issued within 30 days of application once the
requirements of this Code section have been met.
(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.
(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 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 as 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
78.
Title
40 of the Official Code of Georgia Annotated, relating to motor vehicles, is
amended by revising paragraph (12) of Code Section 40-5-1, relating to
definitions, as follows:
"(12)
'Mail' means to deposit in the United States mail properly addressed and with
postage prepaid.
For purposes
of payment of a reinstatement or restoration fee for a driver's license
suspension or revocation, 'mail' shall also mean payment via means other than
personal appearance."
SECTION
79.
Said
title is further amended by revising subsection (a) of Code Section 40-5-25,
relating to driver's license applications and fees, as follows:
"(a)
Every application for an instruction permit or for a driver's license shall be
made upon a form furnished by the department. Every application shall be
accompanied by the proper license fee. The fees shall be as established by the
Board of
Driver Services,
commissioner,
not to exceed:
|
(1)
For instruction permits for Classes A, B, C, and M drivers' licenses and for
Class D drivers' licenses
|
$
10.00
|
|
(2)
For five-year Classes A, B, C, and M noncommercial drivers'
licenses
|
20.00
|
|
(2.1)
For
ten-year
eight-year
Classes A, B, C, and M noncommercial drivers' licenses
|
35.00
32.00
|
|
(3)
For Classes A, B, C, and M commercial drivers' licenses
|
20.00
|
|
(4)
For application for Classes A, B, C, and M commercial drivers' licenses or a
Class P commercial driver's instruction permit
|
35.00
|
|
(5)
For Class P commercial drivers' instruction permits for Classes A, B, C, and M
commercial drivers' licenses
|
10.00
|
|
(6)
For Classes A, B, C, and M commercial drivers' licenses, initial issuance
requiring a road test
|
70.00
|
|
(7)
For Classes A, B, C, and M commercial drivers' licenses, initial issuance not
requiring a road test
|
20.00
|
|
(8)
For renewal of Classes A, B, C, and M commercial drivers' licenses
|
20.00
|
|
(8.1)
For renewal of five-year Classes A, B, C, and M noncommercial drivers'
licenses
|
20.00
|
|
(8.2)
For renewal of
ten-year
eight-year
Classes A, B, C, and M noncommercial drivers' licenses
|
35.00
32.00
|
|
(9)
Initial issuance of Classes A, B, C, and M commercial drivers' licenses and
Class P commercial drivers' instruction permits shall include all endorsement
fees within the license fee. Each endorsement added after initial
licensing
|
5.00
|
The
commissioner may by rule provide incentive discounts in otherwise applicable
fees reflecting cost savings to the department where a license is renewed by
means other than personal appearance. The discount for renewal of a Class C or
Class M license
shall be
$5.00 and any other discounts shall be as
determined by the commissioner. Except as provided in Code Section 40-5-36,
relating to veterans' licenses, and Code Section 40-5-149, relating to
application fees for public school bus drivers, there shall be no exceptions to
the fee requirements for a commercial driver's license or a commercial driver's
license permit. Notwithstanding any other provision of this Code section, there
shall be no fee whatsoever for replacement of any driver's license solely due to
a change of the licensee's name or address, provided that such replacement
license shall be valid only for the remaining period of such original license;
and provided, further, that only one such free replacement license may be
obtained within the period for which the license was originally issued. Any
application for the replacement of a lost license pursuant to Code Section
40-5-31 or due to a change in the licensee's name or address submitted within
150 days of the expiration of said license shall be treated as an application
for renewal subject to the applicable license fees as set forth in this
subsection.
The maximum
period for which any driver's license shall be issued is eight
years."
SECTION
80.
Said
title is further amended by revising paragraph (1) of subsection (g) Code
Section 40-5-67.1, relating to chemical tests for drugs or alcohol and implied
consent notices, as follows:
"(g)(1)
A person whose driver's license is suspended or who is disqualified from
operating a commercial motor vehicle pursuant to this Code section shall
remit to the
department a $150.00 filing fee together with
a request, in writing,
for
a hearing within ten business days from the date of personal notice or receipt
of notice sent by certified mail or statutory overnight delivery, return receipt
requested, or the right to said hearing shall be deemed waived. Within 30 days
after receiving a written request for a hearing, the department shall hold a
hearing as is provided in Chapter 13 of Title 50, the 'Georgia Administrative
Procedure Act.' The hearing shall be recorded."
SECTION
81.
Said
title is further amended by revising subsection (a) and enacting a new
subsection in Code Section 40-5-103, relating to identification card fees, as
follows:
"(a)
Except as provided in subsections (b) and (c) of this Code section, the
department shall collect a fee of $20.00 for a five-year card and a fee of
$35.00 for
a ten-year
an
eight-year card, which fee shall be
deposited in the state treasury in the same manner as other motor vehicle
driver's license fees.
(a.1)
The maximum period for which any identification card shall be issued is eight
years."
SECTION
82.
Said
title is further amended by revising subsection (a) of Code Section 40-8-90,
relating to restrictions on use of blue lights on vehicles, as
follows:
"(a)(1)
Except as provided in this paragraph and subsection (b) of this Code section, it
shall be unlawful for any person, firm, or corporation to operate any motor
vehicle equipped with or containing a device capable of producing any blue
lights, whether flashing, blinking, revolving, or stationary,
except:
(A)
Motor vehicles owned or leased by any federal, state, or local law enforcement
agency;
(B)
Motor vehicles with a permit granted by a state agency to bear such lights;
or
(C)
Antique, hobby, and special interest vehicles, as defined in
subsection
(a) of Code Section 40-2-77
paragraph (8)
of subsection (l) of Code Section
40-2-86.1, which may display a blue light
or lights of up to one inch in diameter as part of any such vehicle's rear stop
lamps, rear turning indicator, rear hazard lamps, and rear
reflectors.
(2)
Any person who violates paragraph (1) of this subsection shall be guilty of a
misdemeanor."
SECTION
83.
Title
43 of the Official Code of Georgia Annotated, relating to professions and
businesses, is amended by revising Code Section 43-25-3, relating to licenses to
operate a motor vehicle racetrack, as follows:
"43-25-3.
Application
for a license to operate or conduct a racetrack or other place for the holding
of motor vehicle races or exhibitions shall be made in writing to the Safety
Fire Commissioner on a form prescribed by or furnished by the Safety Fire
Commissioner. The application form shall require a full and complete address of
the track or other place desired to be licensed, the name and address of the
licensee, and the name and address of the promoter of such race or exhibition
and shall contain such further information as the Safety Fire Commissioner may
require in order to comply with Code Section 43-25-4. Such application shall be
accompanied by a nonrefundable fee of
$100.00
$150.00."
SECTION
84.
Title
45 of the Official Code of Georgia Annotated, relating to public officers and
employees, is further amended by revising Code Section 45-9-76, relating to the
Georgia Public School Personnel Indemnification Fund, as follows:
"45-9-76.
The
Georgia Public School Personnel Indemnification Fund shall consist of revenues
derived from the sale of special and distinctive motor vehicle license plates
honoring Georgia educators
issued prior
to June 30, 2010 as provided by
paragraph (7)
of subsection (l) of Code Section
40-2-86.5
40-2-86.
In addition, the Department of Administrative Services is authorized to accept
for deposit in the Georgia Public School Personnel Indemnification Fund any
other funds from any other source. All revenue or other funds received by the
Georgia Public School Personnel Indemnification Fund shall not
lapse."
SECTION
84.1.
Said
title is further amended by adding a new Code section to read as
follows:
"45-12-92.1.
(a)
The General Assembly finds and determines that certain fees imposed or
authorized by law are not 'revenue measures' within the meaning of Article VII,
Section III, Paragraph II of the Constitution but only incidentally create
revenue pursuant to the facilitation of another primary purpose.
(b)
When any other provision of law imposes or authorizes the imposition of a fee
and recites that such fee is subject to this Code section:
(1)
The agency or other entity imposing and collecting the fee shall not pay the
proceeds of the fee into the general fund of the state treasury but shall rather
retain and expend the proceeds for purposes of defraying the costs of
administering the program or activity with which the fee is associated;
and
(2)
If the amount of the fee is fixed by the agency or other entity pursuant to the
law authorizing the fee, the fee shall be fixed in a reasonable amount such that
the proceeds of the fee do not exceed the total direct and indirect costs of
administering the program or activity with which the fee is
associated."
SECTION
85.
Title
46 of the Official Code of Georgia Annotated, relating to public utilities and
public transportation, is amended by revising Code Section 46-5-70, relating to
filing of articles with the clerk of court, as follows:
"46-5-70.
The
applicants shall file the application, including the articles of incorporation
and the order of the judge thereon, in the office of the clerk of the superior
court of the county in which the principal office of the cooperative is to be
located,
and shall concurrently therewith deposit with and pay to said clerk the fee
provided for in Code Section
46-5-100."
SECTION
86.
Said
title is further amended by revising Code Section 46-5-73, relating to duty of
clerk to deliver to applicants certified copies of articles and of judge's order
thereon, as follows:
"46-5-73.
Upon
the filing of the articles of incorporation and the order of the judge thereon
with the clerk of the superior court
and the fee
being paid as required by Code Section
46-5-70, the clerk shall forthwith deliver
to the applicants or their attorney two certified copies of the articles of
incorporation and the order of the judge
thereon,
and the filing of the clerk thereon
and receipt
for the cost which has been paid to the
clerk."
SECTION
87.
Said
title is further amended by revising Code Section 46-5-100, relating to fees for
rural telephone cooperatives, as follows:
"46-5-100.
(a)
Each cooperative shall be charged by the clerk of the superior court the fee as
provided in subsection (g) of Code Section 15-6-77 for the filing of
incorporation proceedings.
(b)
Each cooperative shall be charged by the Secretary of State the fees specified
in Code Section 14-2-122 for the filing of documents and issuance of
certificates."
SECTION
88.
Title
48 of the Official Code of Georgia Annotated, relating to revenue and taxation,
is amended by revising Code Section 48-17-1, relating to definitions regarding
coin operated amusement machines, by adding two new paragraphs to read as
follows:
"(2.2)
'Class A machine' means a bona fide coin operated amusement machine that is not
a Class B machine and provides no reward to a successful player.
(2.3)
'Class B machine' means a bona fide coin operated amusement machine that rewards
a successful player with any combination of items listed in subparagraphs (B)
and (C) of paragraph (1) of subsection (d) of Code Section
16-12-35."
SECTION
89.
Said
title is further amended by revising subsection (a) of Code Section 48-17-2,
relating to license fees for coin operated amusement machines, as
follows:
"48-17-2.
(a)
Every owner, except an owner holding a bona fide coin operated amusement machine
solely for personal use or resale, who offers others the opportunity to play for
a charge, whether directly or indirectly, any bona fide coin operated amusement
machine shall pay annual master license fees as follows:
(1)
Level one
license.
For Class A
machines:
(A)
For five or fewer machines, the owner shall pay a master license fee of
$250.00
$500.00.
(B)
In the event such owner acquires a sixth or greater number of machines during a
calendar year which require a certificate for lawful operation under this
chapter so that the total number of machines owned does not exceed 60 machines
or more, such owner shall pay an additional master license fee of
$1,250.00
$2,000.00;
(2)
Level two license. (A) For six or more machines but not more than 60 machines,
the owner shall pay a master license fee of $1,500.00.
(B)
For six or more machines but not more than 60 machines, the owner shall pay a
master license fee of $2,500.00. In the
event such owner acquires a sixty-first or greater number of machines during a
calendar year which require a certificate for lawful operation under this
chapter, such owner shall pay an additional master license fee of
$1,000.00
$2,500.00;
or
(3)(C)
Level three
license. For 61 or more machines, the
owner shall pay a master license fee of
$2,500.00
$5,000.00;
and
(2)
For Class B machines:
(A)
For five or fewer machines, the owner shall pay a master license fee of
$1,000.00. In the event such owner acquires a sixth or greater number of
machines during a calendar year which require a certificate for lawful operation
under this chapter so that the total number of machines owned does not exceed 60
machines or more, such owner shall pay an additional master license fee of
$2,000.00;
(B)
For six or more machines but not more than 60 machines, the owner shall pay a
master license fee of $3,000.00. In the event such owner acquires a sixty-first
or greater number of machines during a calendar year which require a certificate
for lawful operation under this chapter, such owner shall pay an additional
master license fee of $2,000.00; or
(C)
For 61 or more machines, the owner shall pay a master license fee of
$5,000.00.
The
cost of the license shall be paid to the commissioner by company check, cash,
cashier's check, or money order. Upon said payment, the commissioner shall
issue a master license certificate to the owner. The master license fee levied
by this
chapter
Code
section shall be collected by the
commissioner on an annual
basis,
provided that an owner may purchase a six-month master license during the
calendar year for $175.00 for a level one license, $1,050.00 for a level two
license, or $1,750.00 for a level three
license
for the period
from July 1 to June 30. The commissioner
may establish procedures for master license collection and set due dates for
these license payments. No refund or credit of the master license charge levied
by this
chapter
Code
section may be allowed to any owner who
ceases the operation of bona fide coin operated amusement machines prior to the
end of any
calendar
year
license or
permit period."
SECTION
90.
Said
title is further amended by revising subsections (a) and (d) and by adding a new
subsection in Code Section 48-17-9, relating to payment and collection of the
annual permit fee, as follows:
"(a)
Every owner, except an owner holding a coin operated
amusement
machine solely for personal use or resale, who offers others the opportunity to
play for a charge, whether direct or indirect, any bona fide coin operated
amusement machine shall pay
a
uniform
an
annual permit fee
of $25.00
per
for
each bona fide coin operated amusement
machine in the
amount of $75.00 for each Class A machine and $150.00 for each Class B
machine. The fee shall be paid to the
commissioner by company check, cash, cashier's check, or money order. Upon
payment, the commissioner shall issue a sticker
for each
$25.00 payment for each
bona
fide coin operated
amusement
machine. The annual fees levied by this chapter
will
shall
be collected by the commissioner on an annual basis
for the period
July 1 to June 30. The commissioner may
establish procedures for annual collection and set due dates for the fee
payments. No refund or credit of the annual fee levied by this chapter shall be
allowed to any owner who ceases the exhibition or display of any
bona
fide coin operated
amusement
machine prior to the end of any calendar year."
"(d)
The commissioner may provide a duplicate permit sticker if a valid permit
sticker has been lost, stolen, or destroyed. The fee for a duplicate permit
sticker shall be
$10.00
$50.00.
If a permit sticker is lost, stolen, or destroyed, a sworn, written statement
must be submitted explaining the circumstances by which the permit sticker was
lost, stolen, or destroyed and including the number of the lost, stolen, or
destroyed permit before a replacement permit can be issued. A permit for which
a duplicate permit sticker has been issued is void.
(e)
Each permit sticker issued for a bona fide coin operated amusement machine which
rewards a winning player exclusively with free replays, noncash redemption
merchandise, prizes, toys, gift certificates, or novelties; or points, tokens,
tickets, or other evidence of winnings that may be exchanged for free replays or
noncash redemption merchandise, prizes, toys, gift certificates, or novelties,
in accordance with the provisions of subsections (b) through (d) of Code Section
16-12-35 shall include the following: 'GEORGIA LAW PROHIBITS THE PAYMENT OR
RECEIPT OF ANY MONEY FOR REPLAYS OR MERCHANDISE AWARDED FOR PLAYING THIS
MACHINE. O.C.G.A. SECTION
16-12-35."
SECTION
91.
Said
title is further amended by revising Code Section 48-17-11, relating to permit
fees for additional coin operated machines, as follows:
"48-17-11.
If
an owner purchases or receives additional
bona
fide coin operated
amusement
machines during the calendar year, the
$25.00
applicable
permit fee shall be paid to the commissioner and the sticker shall be affixed to
the machine
or placed
at the location where the machine is
located before the machine may be legally
operated. A penalty fee
of
$50.00
for each bona
fide coin operated amusement machine in the amount of $1,000.00 for each Class A
machine and $5,000.00 for each Class B
machine shall be assessed by the
commissioner for every machine
in
operation
being
illegally operated with or without a
permit sticker."
SECTION
92.
Title
50 of the Official Code of Georgia Annotated, relating to state government, is
amended by revising subsection (d) of Code Section 50-7-70, relating to
agricultural tourist attractions, as follows:
"(d)
Entities wishing to be recognized by the department as an agricultural tourist
attraction shall submit an application to the department with a one-time
application fee of
up to
$250.00
not less than
$300.00."
SECTION
93.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
94.
All
laws and parts of laws in conflict with this Act are repealed.
