SB163

By Senator Dial

ENROLLED, An Act,

Relating to distinctive or personalized motor vehicle plates or tags; to provide for the issuance and design of a distinctive license plate for the State Parks System; to provide for an annual fee for the distinctive license plate; to provide for the distribution of the net proceeds; to amend Section 32-6-64.1, Code of Alabama 1975, as amended by Act 2015-362, to exempt veteran, military, and replacement license plates from the additional fee of five dollars in the year the license plate is issued; to amend Section 32-6-68 of the Code of Alabama 1975, to further provide the fee for distinctive tags with certain exceptions and for distribution of the fee; to amend Section 6 of Act 2015-362, now appearing as Section 32-6-150.1, and renumber the section as Section 32-6-69, Code of Alabama 1975, to exclude certain designated distinctive plates from the additional annual fee levied on distinctive license plates unless the license plate is personalized and to clarify the application of the additional fee; to amend Sections 32-6-250 and 32-6-251, Code of Alabama 1975, as amended by Act 2015-362, to provide Silver Star recipients with a distinctive permanent license plate; and to amend Section 32-6-630, Code of Alabama 1975, as amended by Act 2015-365, to provide the Alabama Gold Star Family Organization with consultation concerning distinctive license plate design.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) Notwithstanding Sections 32-6-64 and 32-6-67, Code of Alabama 1975, upon application to the judge of probate or license commissioner, compliance with motor vehicle registration and licensing laws, payment of regular fees required by law for license plates for private passenger or pleasure motor vehicles, and payment of an additional annual fee of fifty dollars ($50), owners of motor vehicles who are residents of Alabama shall be issued distinctive state parks license plates.

(b) These plates shall be valid for five years.

(c) Payment of required license fees and taxes for the years during which a new plate is not issued shall be evidenced as provided in Section 32-6-63, Code of Alabama 1975.

(d) Officials from the Department of Conservation and Natural Resources shall design the plate. The design shall be approved by the Department of Revenue and the Legislative Oversight Committee for License Plates prior to production. Section 32-6-54, Code of Alabama 1975, shall not apply to the plate designed pursuant to this section.

(e) The plates shall be issued, printed, and processed like other distinctive and personalized plates provided for in this chapter.

(f) The net proceeds from the additional revenues derived from the sales of the distinctive motor vehicle license plates, less the fees as provided in Section 32-6-68, Code of Alabama 1975, shall be distributed to the Department of Conservation and Natural Resources for the use and benefit of the State Park System.

(g) In addition to any and all other funds heretofore or hereafter appropriated, for the fiscal year beginning October 1, 2017, and every year thereafter, there is appropriated to the Department of Conservation and Natural Resources the additional revenues as provided for by this section.Section 2. Section 32-6-64.1, Code of Alabama 1975, as amended by Act 2015-362, and Section 32-6-68, are amended to read as follows:

§32-6-64.1.

"(a) Notwithstanding any other provision of this title, the Department of Revenue may contract with a third party to manufacture and distribute license plates and validation decals.

"(b) The amount distributed prior to April 8, 2014, to the Department of Corrections relating to license plates and decals for each fiscal year shall not be reduced except by the amount of the cost of material, production, and distribution of license plates which would have been incurred if the plates were produced by the Department of Corrections. Any amounts distributed to the Department of Corrections pursuant to this subsection are continuously appropriated to the Department of Corrections for the operation of the Department of Corrections.

"(c) The distribution of a license plate or validation decal pursuant to this section shall not affect the issuance fee of the judge of probate or other license plate issuance official.

"(d) In addition to any other fees provided for by law, an additional fee of five dollars ($5) is added to the cost of any distinctive license plate, whether prenumbered or personalized, in the year the license plate is issued, except the fee shall not apply to any veteran or military license plate, and Alabama Gold Star Family license plate issued pursuant to Section 32-6-630, or any replacement license plate issued pursuant to Section 40-12-265. The net proceeds of the additional revenues derived from the fee authorized by this section are appropriated and shall be distributed to the Department of Revenue to offset the cost of manufacturing and administering motor vehicle registration credentials as required under this chapter and Chapter 12 of Title 40. The appropriation as provided in this section shall be in addition to any other appropriation made by the Legislature.

"(e) The Department of Revenue may promulgate rules necessary to administer this section.

§32-6-68.

"(a) Each new distinctive license plate issued shall require, in addition to the standard registration fee, an additional annual fee of fifty dollars ($50).

"(b) The additional license plate fee as provided for in subsection (a) shall be distributed in the following manner:

"(1) Two and one-half percent commission, provided by Section 40-12-269(a)(1).

"(2) Manufacturing costs of one dollar and fifty cents ($1.50) to the Department of Corrections.

"(3) Administrative costs of one dollar ($1) to the Department of Revenue.

"(4) A state share of five dollars ($5) shall be transmitted to the state Comptroller for deposit in an account maintained by the Department of Senior Services to be used by the department to provide meals to senior citizens under a program to be known as the "John L. Buskey Senior Meals Program." Funds deposited in the account are continuously appropriated to the department for the purpose of this subdivision.

This subdivision shall not apply to license plates issued pursuant to Sections 32-6-450, 32-6-460, 32-6-470, 32-6-500, 32-6-520, 32-6-560, 32-6-611, and 32-6-680.

"(5) The remainder of the additional fee shall be distributed to the sponsoring organization or as otherwise provided under the terms of the application approved by the legislative oversight committee; except that the remainder of the additional fee after the distributions provided in subdivisions (1) through (3) shall be distributed to the State General Fund when a distinctive license plate is for an out-of-state college or university as provided in subsection (e) of Section 36-6-67 32-6-67, or when there is no specified distribution for the additional fee.

Nothing in this section shall apply to standard personalized license plates established pursuant to Section 32-6-150.

"(c) The distribution of fees for tags which were authorized by legislative act before January 1, 1998, shall continue in effect, any other provision of law to the contrary notwithstanding."

Section 3. Section 6 of Act 2015-362, now appearing as Section 32-6-150.1, Code of Alabama 1975, is amended and renumbered as Section 32-6-69, to read as follows:

"§32-6-150.1 §32-6-69.

"(a) Any distinctive license plate issued under this chapter may be personalized with the exception of the following:

"(1) Firefighter, professional firefighter, or retired professional firefighter plates.

"(2) Rescue squad plates.

"(3) Veterans plates, unless otherwise authorized by law.

"(4) Military plates, unless otherwise authorized by law.

"(5) Special access or disability access plates.

"(6) Twenty day temporary tags.

"(7) Alabama State Defense Force plates.

"(8) Amateur Radio Operator plates issued pursuant to Sections 32-6-70 and 32-6-90.

"(9) Alabama apportioned plates.

"(b) Notwithstanding any other provision of law, an additional annual fee of fifty dollars ($50) shall be assessed for any personalized or distinctive license plate issued under this chapter, except for a Helping Schools plate which shall be subject to the fee required pursuant to Section 32-6-300, a Retired Educators plate, which shall be subject to the fee required pursuant to Section 32-6-302, or any plate or tag category listed in subsection (a), unless the license plate is personalized. Proceeds from the additional revenues generated herein shall be distributed in the same manner as provided for each distinctive license plate category.

"(b)(1) In addition to the standard registration fee, the additional fee for each distinctive license plate category shall be assessed, collected, and distributed pursuant to Section 32-6-68, except for distinctive tags for public two-year and four-year colleges and universities and private four-year colleges or universities and Athens State University participating in the distinctive tag program and the environmental distinctive tag program issued pursuant to Section 32-6-150 and except as otherwise provided in this subsection.

"(2) The additional fee for a distinctive license plate category shall not apply to the following license plates:

"a. The Helping Schools plate, which shall be subject to the fee required pursuant to Section 32-6-300.

"b. The Educator and Retired Educator plate, which shall be subject to the fee required pursuant to Section 32-6-302.

"(3) The additional fee for a distinctive license plate category shall not apply to the following license plates unless personalized:

"a. The Alabama Bicentennial plate issued pursuant to Section 32-6-155.3.

"b. The God Bless America plate issued pursuant to Section 32-6-610.

"c. The Alabama Gold Star Family plate issued pursuant to Section 32-6-630.

"d. Any plate or tag category listed in subsection (a).

"(c) The Department of Revenue may promulgate rules necessary to administer this section.

"(d) This section shall not affect the fee provided in Section 32-6-64.1."Section 4. Sections 32-6-250, 32-6-251, and 32-6-630, Code of Alabama 1975, as amended by Act 2015-362, are amended to read as follows:

§32-6-250.

"(a) A distinctive permanent license plate shall be issued to any resident of the state who is a recipient of the Medal of Honor or the widow of a recipient of the Medal of Honor, to any resident who is a recipient of the Purple Heart Medal, to any resident who is a member of the Legion of Valor with positive proof of membership and the award of the Medal of Honor, the Purple Heart, the Army Distinguished Service Cross, the Navy Cross, or the Air Force Cross, to any resident who is a recipient of the Silver Star as evidenced on the form DD214, to any resident who is a recipient of the Bronze Star as evidenced on the form DD214, or to any resident who shows by satisfactory proof that he or she was a duly recognized former prisoner of war, for use on a private motor vehicle registered in the name of the resident. There shall be no fee or tax for the license plate, except Purple Heart Medal recipients shall pay ad valorem taxes on vehicles for which the distinctive plates are issued, Silver Star and Bronze Star recipients shall pay the regular registration fee and ad valorem taxes and an annual additional fee of twenty-five dollars ($25), and no recipient shall receive a plate for more than one vehicle except as provided in subsection (c).

"(b) A former prisoner of war for purposes of this section is a person who, as a member of the United States Armed Forces, or while serving with a formal United States ally force, or as a United States civilian, was held as a prisoner of war during any armed conflict by forces hostile to the United States.

"(c) A person eligible to be issued a distinctive license plate under this section may be issued additional distinctive license plates, under any of the above license plate categories, if the person otherwise qualifies to receive the distinctive license plate, upon payment of all license tax and registration fees, including ad valorem taxes, for the vehicles and an annual additional fee of twenty-five dollars ($25) for the Silver Star and the Bronze Star distinctive license plate plates. Annual renewal decals shall be provided after payment, if required, of license fees and taxes for the years during which a new tag or plate is not issued as provided in Section 32-6-63.

§32-6-251.

"The special plates shall be of the same size as regular motor vehicle license plates, distinguished by the letters MOH, LOV, Silver Star, Bronze Star, or PHM to be of a different color scheme and design to any other vehicle plate in this state, or POW to be of the same color scheme as other distinguished military plates in this state, whichever distinctive design applies, the nature of which shall be prescribed by a committee to be appointed by the chief legislative sponsors of this division. The net proceeds of the additional revenues from the sales of the Silver Star and the Bronze Star distinctive military plate plates, less the administrative costs including the costs of production incurred by the Department of Revenue in producing the plates, shall be distributed by each judge of probate or license commissioner to the state Comptroller. The state Comptroller shall distribute the proceeds into the Alabama Veterans' Assistance Fund in the State Treasury.

§32-6-630.

"(a) Notwithstanding Sections 32-6-64, 32-6-67, and 32-6-68, a distinctive license plate category shall be established entitled "Alabama Gold Star Family." The distinctive plates shall be issued, printed, and processed in the same manner as other distinctive plates provided for in this chapter.

"(b) Any member of the immediate family of a person who died while on active duty of any branch of the United States military may apply to the judge of probate or other license plate issuing official, and upon presentation of documentation pursuant to subsection (d), may receive one distinctive license plate for display on a private passenger automobile or pickup truck, and shall be exempt from the payment of the motor vehicle registration fee, ad valorem tax and any additional fees. Additional distinctive license plates may be purchased upon payment of regular required motor vehicle fees and taxes and an additional fee of three dollars ($3) for the initial issuance of the distinctive license plate.

"(c) Payment of required license fees and ad valorem taxes for the years during which a new license plate is not issued shall be evidenced as provided for in Section 32-6-63.

"(d) The following documents shall be presented to the judge of probate or other license plate issuing official to receive the "Alabama Gold Star Family" distinctive license plate:

"(1) DD Form 2064 - Overseas Death Certificate or prior era Department of Defense death certificate; or

"(2) DD Form 1300 - Report of Casualty.

"(3) In the event that the applicant is not identified as the next of kin on one of the documents listed in subdivisions (1) and (2), the applicant must also submit a notarized affidavit obtained from the Alabama Department of Veterans' Affairs, certifying applicant's relationship to the deceased service member.

"(e) The "Alabama Gold Star Family" distinctive license plate shall be designed by the Department of Veterans' Affairs after consultation with the Alabama Gold Star Family Organization and approved by the Department of Revenue.

"(f) As used in this section, the phrase member of the immediate family shall mean all of the following:

"(1) A spouse.

"(2) A parent, adoptive parent, or stepparent.

"(3) A foster parent in loco parentis.

"(4) A sibling, to include whole or half-blood, or by adoption.

"(5) A child, including those by adoption, or a stepchild.

"(6) Grandparent or other legal guardian.

"(7) Any other immediate family members designated as next of kin by the Department of Defense.

"(g) The Department of Revenue may promulgate any rules necessary to administer the provisions of this section."

Section 5. Section 1 of this act shall become effective January 1, 2017, and Sections 2 and 3 shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Motor Vehicles

Distinctive License Plates

Revenue Department

Licenses and Licensing

Acts Amended

Code Amended