History. Code 1981, § 40-2-151.1 , enacted by Ga. L. 2015, p. 236, § 3-3/HB 170; Ga. L. 2020, p. 903, § 3-1/HB 105; Ga. L. 2021, p. 480, § 6/HB 588; Ga. L. 2021, p. 761, § 13/HB 511.
The 2020 amendment, effective August 5, 2020, substituted the present provisions of subsection (a) for the former provisions, which read: “As used in this Code section, the term ‘transportation purposes’ means and includes roads, bridges, public transit, rails, airports, buses, seaports, including without limitation road, street, and bridge purposes pursuant to paragraph (1) of subsection (b) of Code Section 48-8-121, and all accompanying infrastructure and services necessary to provide access to these transportation facilities, including general obligation debt and other multiyear obligations issued to finance such purposes.”; and added “with up to 10 percent of the fees collected to be appropriated for transit projects” at the end of subsection (c).
The 2021 amendments.
The first 2021 amendment, effective July 1, 2021, added subsection (e). The second 2021 amendment, effective July 1, 2022, deleted former subsection (d), which read: “If the amount collected under this Code section is ever not appropriated for a fiscal year as provided by subsection (c) of this Code section, as determined jointly by the House Budget and Research Office and the Senate Budget and Evaluation Office, then the amount collected shall be reduced by 50 percent. Upon the conclusion of a second fiscal year in which an amount is not so appropriated, this Code section shall stand repealed and reserved, and such fees shall cease to be collected, on the date the appropriations Act for such fiscal year becomes effective. Such budget offices shall certify any such lack of appropriation to the Code Revision Commission for purposes of updating the Code in accordance with this subsection.”
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2021, “subsection (d) of this Code section or” was deleted following “Notwithstanding” at the beginning of subsection (e).
Editor’s notes.
Ga. L. 2015, p. 236, § 8-1/HB 170, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Transportation Funding Act of 2015.”’
Ga. L. 2015, p. 236, § 8-2/HB 170, not codified by the General Assembly, provides that: “It is the intention of the General Assembly, subject to appropriations and other constitutional obligations of this state, that year to year revenue increases be prioritized to fund education, transportation, and health care in this state.”
Ga. L. 2015, p. 236, § 9-1(b)/HB 170, not codified by the General Assembly, provides that: “Tax, penalty, and interest liabilities and refund eligibility for prior taxable years shall not be affected by the passage of this Act and shall continue to be governed by the provisions of Title 48 of the Official Code of Georgia Annotated as it existed immediately prior to the effective date of this Act.” This Act became effective July 1, 2015. Continued funding was appropriated by the General Assembly in 2016, 2017, 2018, 2019, 2020, 2021, and 2022.
Law reviews.
For article on the 2015 enactment of this Code section, see 32 Ga. St. U. L. Rev. 261 (2015).
Structure Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 2 - Registration and Licensing of Motor Vehicles
Article 7 - Motor Vehicle License Fees and Classes
§ 40-2-151.1. Highway Impact Fees for Heavy Vehicles; Use of Funds
§ 40-2-151.2. Transportation Trust Fund Established; Funding; Accounting
§ 40-2-152. Fees for Apportionable Vehicles; Restricted License Plates for Vehicles
§ 40-2-154. License Plates for Different Classes of Vehicles; Distinguishing Markings
§ 40-2-157. Payment of Fees Under International Registration Plan
§ 40-2-159. Time of Application and Payment for Plate
§ 40-2-166. Violation of Article; Penalty
§ 40-2-167. Separately Stated Fees in a Rental Agreement; Recoverable Fees and Taxes