05 LC 28
2412
House
Bill 750
By:
Representatives Harbin of the
118th
and Fleming of the
117th
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 special motor vehicle license plates, so as to provide
for special plates to promote stroke awareness and to benefit the Center for
Telehealth of the Medical College of Georgia; to provide for the design and
issuance of such plates; to provide for fees; to provide for reports and intent
with respect to funds; to provide for other related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating
to special motor vehicle license plates, is amended by adding a new Code Section
40-2-86.10 to read as follows:
"40-2-86.10.
(a)
In order to promote and provide for stroke awareness and to benefit the Center
for Telehealth of the Medical College of Georgia, there shall be issued
beginning January 1, 2006, special license plates promoting and benefitting such
efforts, which shall be known as the stroke awareness special license
plate.
(b)
The commissioner shall design a special distinctive license plate in conjunction
with the Center for Telehealth of the Medical College of Georgia appropriate to
promote the message of stroke awareness. Such special license plate shall be of
the same size as general issue motor vehicle license plates and shall include a
unique design and an identifying number of not more than six digits. No two
recipients shall receive identically numbered plates. Such design 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.
(c)(1)
Notwithstanding the provisions of subsection (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.
(2)
The commissioner shall retain all applications for such special license plates
until a minimum of 500 applications has been received. If the commissioner does
not receive the minimum of 500 applications no later than July 31 of the year
preceding the year of issuance of such plates, no special plates shall be issued
and all fees shall be refunded to the applicants. If a performance bond is
required, it shall be no greater than $12,500.00.
(d)
On and after January 1, 2006, 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 fee of not more than
$25.00 in addition to the regular motor vehicle registration fee and a one-time
$25.00 manufacturing fee, shall be issued a special license plate under this
Code section in lieu of a general issue license plate. An application for such
special license plate shall be submitted during the
owneŕs
registration period, and such special license plate shall be issued within 30
days of such application. Revalidation decals shall, upon payment of fees
required by law and collected by the county tag agent and remitted to the state
as provided in Code Section 40-2-34, be issued for such special license plates
in the same manner as provided for general issue license plates.
(e)
The annual funds derived from the sale of such special license plates, less a
$1.00 processing fee which shall be granted to county tag offices per plate sold
and less the one-time $25.00 manufacturing fee, shall be deposited in the
general fund of the state treasury. As soon as practicable after December 31 of
each year, the commissioner shall report the net amount derived from the sale of
such special license plates, not including the one-time manufacturing fees, to
the Office of Planning and Budget and the Medical College of Georgia. It is the
intent of the General Assembly that the General Assembly appropriate an amount
equal to such net proceeds derived from the sale of such license plates in any
year to be made available during the following fiscal year to the Center for
Telehealth of the Medical College of Georgia. The Center for Telehealth of the
Medical College of Georgia shall utilize the funds so appropriated to provide
for stroke awareness, treatment, and prevention programs. The Center for
Telehealth of the Medical College of Georgia may enter into contractual
agreements, as may be appropriate, to further such objectives. The Center for
Telehealth of the Medical College of Georgia may provide said funds for use as
local or minimum matching funds.
(f)
Special license plates issued under this Code section shall be transferred from
one vehicle to another vehicle in accordance with the provisions of Code Section
40-2-80.
(g)
The Center for Telehealth of the Medical College of Georgia shall submit a
report to the chairpersons of the Senate Transportation Committee and the House
Committee on Transportation detailing the revenues derived from the sale of
special license plates issued under this Code section and the receipt and
expenditure of any funds appropriated for the purposes provided by this Code
section. Such report shall be made not later than the second Monday of January
of each
year."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.