06 LC 34
0519
House
Bill 1089
By:
Representatives Jackson of the
161st,
Heard of the
114th,
and Mangham of the
94th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia
Annotated, relating to prestige license plates and special plates for certain
persons and vehicles, so as to provide for a special license plate honoring
Kappa Alpha Psi Fraternity, Inc.; to provide for issuance, renewal, fees,
licensing agreements, applications, and transfers relative to such special
license plates; 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.
Article
3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating
to prestige license plates and special plates for certain persons and vehicles,
is amended by adding a new Code Section 40-2-86.18 to read as
follows:
"40-2-86.18.
(a)
There shall be issued beginning July 1, 2007, special license plates honoring
Kappa Alpha Psi Fraternity, Inc. Kappa Alpha Psi Fraternity, Inc., was founded
in 1911 in Bloomington, Indiana. It is an international social organization
with a belief in personal achievement and is committed to Christian principles
and service to mankind.
(b)
The commissioner, in cooperation with supporters of this license plate in the
southeastern region of Kappa Alpha Psi Fraternity, shall design a special
license plate to be issued displaying the fraternity shield and the designation
'Kappa Alpha Psi Fraternity, Inc.' 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. It shall not be a requirement that a county name decal shall be fixed and
displayed on license plates issued under this Code section. 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 January 1, 2007, 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 and payment of a manufacturing fee of $25.00 in addition to the regular
motor vehicle registration fee, 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 upon payment of an additional $25.00 annual registration fee,
which fee shall be collected by the county tag agent at the time of collection
of other registration fees and remitted to the state as provided in Code Section
40-2-34.
(e)
An applicant may request an Kappa Alpha Psi Fraternity, Inc., license plate any
time during the
applicant́s
registration period. If such a license plate is to replace a current valid
license plate, the license plate shall be issued with appropriate decals
attached.
(f)
No special license plate authorized pursuant to this Code section shall be
issued except upon the receipt of at least 1,000 applications. The special
license plate shall have an application period of two years after January 1,
2007, 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.
(g)
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 five-year period as provided 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 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 five-year period as provided in subsection (b) of Code Section 40-2-31,
manufacture of the license plates shall not be continued until the commissioner
receives 1,000 applications.
(h)
License plates issued pursuant to this Code section shall be transferred between
vehicles as provided in Code Section 40-2-42.
(i)
'Kappa Alpha Psi Fraternity, Inc.' license plates shall be issued within 30 days
of
application."
SECTION
2.
This
Act shall become effective on January 1, 2007.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.