05
SB257/AP
Senate
Bill 257
By: Senators Douglas of the 17th, Staton of the 18th, Johnson of the 1st, Shafer of the 48th, Balfour of the 9th and others
By: Senators Douglas of the 17th, Staton of the 18th, Johnson of the 1st, Shafer of the 48th, Balfour of the 9th and others
AS
PASSED
AN
ACT
To
amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia
Annotated, relating to prestige license plates for motor vehicles, so as to
provide for special license plates supporting Georgia troops; to provide for
issuance, renewal, fees, licensing agreements, applications, and transfers
relative to such license plates; to state legislative intent with respect to use
of fees; to provide for related matters; to provide 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 for motor 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 in 2006 special and distinctive vehicle license
plates identifying persons supporting Georgia troops subject to the conditions
set forth in this Code section.
(b)
The commissioner shall design special distinctive license plates to identify
persons who support Georgia troops. 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 license
plate will contain the words 'Support Georgia Troops' in the space normally
containing the county of issuance. Such design shall not provide space in which
to indicate the name of the county of issuance. 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 foregoing provisions 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 and at no cost to the state, received such
licenses or other permissions as may be required for the use of any logo or as
may otherwise be necessary or appropriate to implement this Code section. No
royalty, license fee, or other moneys shall be paid to any organization or its
licensor for the use by the state of such logo or design on license plates
authorized by this Code section. The commissioner may charge fees, take other
actions, and agree to or impose terms and conditions which might normally be
envisioned in licensing and cross_licensing agreements for the use of designs
and similar intellectual property. Without limitation, the commissioner may
agree to allow to others the exclusive or nonexclusive use of the design of the
special license plate. The design of the special license plate, excepting only
any part of the design 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.
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, except as authorized by the
commissioner.
(d)
Beginning in calendar year 2006, any qualified 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 identifying him or her as a
person who supports Georgia troops. Revalidation decals shall be issued for
such license plates in the same manner as provided for general issue license
plates.
(e)
An applicant may request a license plate identifying him or her as a person who
supports Georgia troops at any time during the applicant´s registration
period. If such a license plate is to replace a current valid license plate,
such 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 by the department of at least 1,000 applications.
The special license plate shall have an application period of two years after
July 1, 2005, 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, the
department must receive 1,000 applications accompanied by the manufacturing fee
to continue to manufacture the license plate.
(h)
License plates identifying persons who support Georgia troops shall be
transferred from one vehicle to another vehicle in accordance with the
provisions of Code Section 40_2_80.
(i)
License plates identifying persons who support Georgia troops shall be issued
within 30 days of application once the requirements of this Code section have
been met.
(j)
The funds derived from the sale of license plates identifying persons supporting
Georgia troops, less a $1.00 processing fee, which shall be granted to county
tag offices per plate sold, and less the actual manufacturing cost of the
plates, 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 license plates to the Office of
Planning and Budget and the Department of Veterans Service. It is the intent of
the General Assembly that the General Assembly appropriate an amount equal to
the net proceeds from the sale of such license plates to the Department of
Veterans Service for use by the National Guard Foundation in carrying out such
programs and purposes as may be contractually agreed upon by the department and
the
foundation."
SECTION
2.
This
Act shall become effective on July 1, 2005.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.