05 LC 34
0291
Senate
Bill 239
By: Senators Mullis of the 53rd, Reed of the 35th, Smith of the 52nd, Zamarripa of the 36th and Kemp of the 46th
By: Senators Mullis of the 53rd, Reed of the 35th, Smith of the 52nd, Zamarripa of the 36th and Kemp of the 46th
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
501(c)(3) foundation of the Atlanta Falcons professional sports team in Georgia;
to provide for issuance, renewal, fees, licensing agreements, applications,
transfers, and disposition of funds 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, 2007, special license plates
promoting the 501(c)(3) foundation of the Atlanta Falcons professional sports
team, subject to the conditions set forth in this Code section.
(b)
The commissioner shall design special distinctive license plates appropriate to
promote the 501(c)(3) foundation of the Atlanta Falcons professional sports
team. The license plates shall 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 501(c)(3) foundation of the
Atlanta Falcons professional sports team may request the assignment of the first
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 any licenses or other
permissions that may be required to implement this Code section. The design of
the initial edition of the 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 2007, 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
a license plate promoting the 501(c)(3) foundation of the Atlanta Falcons
professional sports team. Revalidation decals shall be issued for such license
plates in the same manner as provided for general issue license
plates.
(e)
From the additional $25.00 fee charged for the issuance and renewal of the
license plates authorized under this Code section, $2.00 shall be used by the
department for manufacturing and purchase costs, $13.00 shall be paid to the
general fund of the state treasury, and $10.00 shall be exclusively dedicated
for the purpose of assisting charities that are supported by the 501(c)(3)
foundation of the Atlanta Falcons professional sports team, pursuant to Article
III, Section IX, Paragraph VI(n) of the Constitution. Such dedicated funds
shall be appropriated for such purpose to the Department of Community Affairs or
such other public agency as may be specified in the general or amended general
appropriations Act. The agency or organization ultimately making use of such
funds 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.
Any audit performed under Chapter 6 of Title 50 shall meet this auditing
requirement. If an audit demonstrates that the funds are not being used for the
purposes set forth in this Code section or if the required audit or evidence is
not provided to the commissioner, then the commissioner shall so notify the
House and Senate Appropriations Committees. Any funds appropriated pursuant to
this Code section shall not lapse.
(f)
An applicant may request a license plate promoting the 501(c)(3) foundation of
the Atlanta Falcons professional sports team any time during the
applicant´s 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.
(g)
No special license plate authorized pursuant to this Code section shall be
issued until a minimum of 1,000 applications has been received by the
department. 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.
(h)
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.
(i)
License plates promoting the 501(c)(3) foundation of the Atlanta Falcons
professional sports team shall be transferred from one vehicle to another
vehicle in accordance with the provisions of Code Section 40_2_80.
(j)
License plates promoting the 501(c)(3) foundation of the Atlanta Falcons
professional sports team shall be issued within 30 days of application once the
requirements of this Code section have been
met."
SECTION
2.
This
Act shall become effective on January 1, 2007; provided, however, that this Act
shall only become effective on January 1, 2007, upon the ratification of a
resolution at the November, 2006, state_wide general election, which resolution
amends the Constitution of the State of Georgia so as to authorize the
dedication of revenue from the sales of license plates to a general purpose
relating to the nature of the special license plate. If such amendment is not
ratified, this Act shall not become effective and shall stand repealed in its
entirety on January 1, 2007, 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.