05 LC 31
0841
Senate
Bill 126
By: Senators Chance of the 16th, Seay of the 34th, Williams of the 19th, Staton of the 18th, Carter of the 13th and others
By: Senators Chance of the 16th, Seay of the 34th, Williams of the 19th, Staton of the 18th, Carter of the 13th and others
AS
PASSED SENATE
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 promoting the
Georgia Center for the Book; to provide for issuance, renewal, fees, licensing
agreements, applications, donation of revenue, and transfers relative to such
special license plates; to provide for related matters; to provide for a
contingent effective date; to provide for automatic repeal under certain
circumstances; 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_86.10 to read as
follows:
"40_2_86.10.
(a)
There shall be issued beginning January 1, 2006, special license plates
promoting the Georgia Center for the Book, subject to the conditions set forth
in this Code section.
(b)
The commissioner, in cooperation with the Georgia Center for the Book, shall
design special distinctive license plates appropriate to promote the Georgia
Center for the Book. 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.
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 Georgia Center
for the Book 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, this Code
section shall not be implemented 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 implement this Code section. The design of
the initial edition of the Georgia Center for the Book license plates, 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 in calendar year 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 manufacturing fee of
$25.00 in addition to the regular motor vehicle registration fee shall be issued
an Georgia Center for the Book license plate. Revalidation decals shall be
issued for Georgia Center for the Book license plates in the same manner as
provided for general issue license plates.
(e)
The manufacturing fee derived from the sale of Georgia Center for the Book
license plates shall be apportioned as follows: $2.00 to the department, $13.00
to be deposited into the general fund, and $10.00 to be donated to the Georgia
Center for the Book as provided by Article III, Section IX, Paragraph VI(n) of
the Constitution.
(f)
Before the department disburses to the Georgia Center for the Book funds from
the sale of special license plates, the Georgia Center for the Book must provide
a written statement stating the manner in which such funds shall be utilized.
The purposes for which the funds shall be utilized must be the same as those
specified in the constitutional amendment authorizing the dedication to the
Georgia Center for the Book of revenue from the sale of special license plates.
The Georgia Center for the Book 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 demonstrated that the funds are not
being used for the purposes set forth in the statement provided by the Georgia
Center for the Book, the department shall withhold payment of such funds until
such noncompliance issues are resolved.
(g)
An applicant may request a Georgia Center for the Book license plate any time
during the applicant´s registration period. If such a license plate is to
replace a current valid license plate, the Georgia Center for the Book license
plate shall be issued with appropriate decals attached.
(h)
No special license plate authorized pursuant to this Code section shall be
issued except upon the receipt by the department of at least 1,000 applications.
The special license plate shall have an application period of two years after
January 1, 2006, 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.
(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 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, the
Georgia Center for the Book shall be required again to obtain 1,000 applications
accompanied by the manufacturing fee to continue to manufacture the special
license plate.
(j)
Georgia Center for the Book license plates shall be transferred from one vehicle
to another vehicle in accordance with the provisions of Code Section
40_2_80.
(k)
Georgia Center for the Book license plates shall be issued within 30 days of
application once the requirements of this Code section have been
met."
SECTION
2.
(a)
This Act shall become effective on January 1, 2006, except as otherwise provided
in subsection (b) of this section.
(b) If an amendment to the Constitution of the State of Georgia authorizing the donation of revenue from sales of special license plates to the Georgia Center for the Book is not ratified at the general election in 2005, this Act shall be repealed in its entirety on January 1, 2006, and no such motor vehicle license plates shall be issued pursuant to this Act.
(b) If an amendment to the Constitution of the State of Georgia authorizing the donation of revenue from sales of special license plates to the Georgia Center for the Book is not ratified at the general election in 2005, this Act shall be repealed in its entirety on January 1, 2006, and no such motor vehicle license plates shall be issued pursuant to this Act.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.