06 HB1053/SCSFA/2
SENATE
SUBSTITUTE TO HB1053
AS PASSED
SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating
to registration and licensing of motor vehicles, so as to define certain terms;
to change certain provisions relating to commemorative license plates for
Georgia organizations, promotional agreements, and fees; to repeal and reserve
certain provisions regarding special license plates; to provide for special
license plates promoting beneficial projects and supporting worthy agencies,
funds, or nonprofit corporations, as determined by the General Assembly; to
provide for issuance, renewal, fees, licensing agreements, applications,
dedication of revenue, audits, 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.
Chapter
2 of Title 40 of the Official Code of Georgia Annotated, relating to
registration and licensing of motor vehicles, is amended by striking Code
Section 40-2-32.1, relating to commemorative license plates for Georgia
organizations, promotional agreements, and fees, and inserting in lieu thereof
the following:
"40-2-32.1.
(a)
In the event the General Assembly enacts any law approving the sale of
commemorative license plates recognizing Georgia organizations or institutions,
including educational institutions, civic associations, and social
organizations, the commissioner shall approve the form of any such license
plates and shall be authorized to enter into any agreements with private parties
for the purpose of promoting the sale of any such license plates.
(b)
Beginning in calendar year 1998, 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 commemorative license plate pursuant to the enactment of a law by the General
Assembly and approval by the commissioner in accordance with subsection (a) of
this Code section. Revalidation decals, 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, shall be issued for any such commemorative license plates
in the same manner as provided for general issue license plates.
(c)
Any such
agreements for the purpose of promoting the sale of commemorative license plates
may authorize the manufacturing fee to be apportioned, as determined by the
commissioner, between the organization commemorated by the license plates, the
vendor administering the sale and promotion of the license plates, and the State
of Georgia
All funds
derived from the sale of license plates pursuant to this Code section, less a
$1.00 processing fee which shall be granted to county tag offices per plate
sold, shall be remitted to the state as provided by Code Section
40-2-34."
SECTION
2.
Said
chapter is further amended in Code Section 40-2-34, relating to reports and
remittances by tag agents, by adding a new subsection to read as
follows:
"(f)
All funds derived from motor vehicle registrations or the sale of any license
plates and remitted to the state shall be deposited in the general fund of the
state treasury unless otherwise specifically authorized by the Constitution and
provided for in this
chapter."
SECTION
3.
Said
chapter is further amended by repealing and reserving Code Section 40-2-48,
relating to special license plates promoting the United States Disabled Athletes
Fund.
SECTION
4.
Said
chapter is further amended by repealing and reserving Code Section 40-2-49,
relating to special license plates promoting the Nongame-Endangered Wildlife
Program of the Georgia Department of Natural Resources.
SECTION
5.
Said
chapter is further amended by repealing and reserving Code Section 40-2-49.1,
relating to special license plates promoting the Bobwhite Quail Restoration
Initiative.
SECTION
6.
Said
chapter is further amended by repealing and reserving Code Section 40-2-86.3,
relating to special license plates commemorating Civil War battlefields and
historic sites.
SECTION
7.
Said
chapter is further amended by repealing and reserving Code Section 40-2-86.6,
relating to special license plates promoting conservation and enhancement of
trout populations.
SECTION
8.
Said
chapter is further amended by repealing and reserving Code Section 40-2-86.13,
relating to special license plates promoting historic preservation
efforts.
SECTION
9.
Said
chapter is further amended by repealing and reserving Code Section 40-2-86.15,
relating to special license plates promoting NASCAR or promoting bicycle
safety.
SECTION
10.
Said
chapter is further amended by repealing and reserving Code Section 40-2-86.16,
relating to special license plates honoring families with a member serving in
the military.
SECTION
11.
Said
chapter is further amended by repealing and reserving Code Section 40-2-86.17,
relating to "Support Georgia Troops" special license plates.
SECTION
12.
Said
chapter is further amended by adding a new Code section to read as
follows:
"40-2-86.18.
(a)(1)
As used in this Code section, the term:
(A)
'Manufacturing fee' means a $25.00 fee paid at the time a metal special license
plate is issued.
(B)
'Special tag renewal fee' means a $25.00 fee paid at the time a revalidation
decal is issued for a special license plate.
(2)
The General Assembly has determined that the issuance of special license plates
to support an agency or fund or a program beneficial to the people of this state
that is administered by a nonprofit corporation organized under Section
501(c)(3) of Title 26 of the Internal Revenue Code and dedicating a portion of
the funds raised from the sale of these special license plates is in the best
interests of the people of this state. Therefore, the special license plates
listed in subsection (n) of this Code section shall be issued by the department
beginning on July 1, 2007, if all of the requirements of subsections (b) through
(k) of this Code section have been satisfied. The license plates listed in
subsection (m) of this Code section shall continue to be issued as long as they
continue to meet the requirements of subsections (b), (c), (f), (g), (i), (j),
and (k) of this Code section.
(b)
The agency, fund, or nonprofit corporation sponsoring the special license plate,
in cooperation with the commissioner, shall design special distinctive license
plates appropriate to promote the program benefited by the sale of the special
license plate. The special 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 agency, fund, or
nonprofit corporation sponsoring the license plate 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, no
special license plate shall be produced 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 produce the special license plate. The design
of the initial edition of any 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)
Beginning on January 1, 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 the manufacturing fee and
the special tag renewal fee in addition to the regular motor vehicle
registration fee shall be able to apply for a special license plate listed in
subsection (n) of this Code section. Revalidation decals shall be issued for
special license plates in the same manner as provided for general issue license
plates.
(e)
The manufacturing fee and the special tag renewal fee derived from the sale of
special license plates listed in subsection (n) of this Code section shall be
apportioned as follows: $1.00 to the county tag agent, $2.00 to the department,
$12.00 to be deposited into the general fund, and $10.00 to be dedicated to the
sponsoring agency, fund, or nonprofit corporation as permitted by Article III,
Section IX, Paragraph VI(n) of the Constitution.
(f)
Before the department disburses to the agency, fund, or nonprofit corporation
funds from the sale of special license plates, the agency, fund, or nonprofit
corporation must provide a written statement stating the manner in which such
funds shall be utilized. In addition, a nonprofit corporation must provide the
department with documentation of its nonprofit status under Section 501(c)(3) of
Title 26 of the Internal Revenue Code. The purposes for which the funds shall
be utilized must be the same as those specified in subsections (m) and (n) of
this Code section authorizing the dedication to the agency, fund, or nonprofit
corporation of revenue from the sale of special license plates. The agency,
fund, or nonprofit corporation 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 determined that the funds are not being used for
the purposes set forth in the statement provided by the agency, fund, or
nonprofit corporation, the department shall withhold payment of such funds until
such noncompliance issues are resolved.
(g)
An applicant may request a special license plate any time during the
applicant́s
registration period. If such a license plate is to replace a current valid
license plate, the special license plate if issued under subsection (m) of this
Code section shall be issued with appropriate decals attached upon payment of
the manufacturing fee but without payment of the special tag renewal fee.
However, special license plates issued under subsection (n) of this Code section
shall be issued with appropriate decals attached upon payment of the
manufacturing fee and the special tag renewal fee.
(h)
No special license plate authorized pursuant to subsection (n) of 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, 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.
(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 period provided for 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 the
special tag renewal 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 period provided for in
subsection (b) of Code Section 40-2-31, the sponsoring agency, fund, or
nonprofit corporation shall be required again to obtain 1,000 applications
accompanied by the manufacturing fee to continue to manufacture the special
license plate.
(j)
Special license plates shall be transferred from one vehicle to another vehicle
in accordance with the provisions of Code Section 40-2-80.
(k)
Special license plates shall be issued within 30 days of application once the
requirements of this Code section have been met.
(l)
The commissioner is authorized and directed to establish procedures and
promulgate rules and regulations to effectuate the purposes of this Code
section.
(m)(1)
The General Assembly has determined that the existing special license plates
supporting the agencies, funds, or nonprofit corporations listed in this
subsection shall continue to be issued for the purposes indicated and that all
of the funds raised from the manufacturing fee and the special tag renewal fee,
less a $1.00 fee to be paid to the county tag agent and a $2.00 manufacturing or
special tag renewal fee to be paid to the department, shall be disbursed to the
agency, fund, or nonprofit corporation indicated in this
subsection.
(2)
A special license plate promoting the United States Disabled Athletes Fund, for
the support of disabled athletes. The funds raised by the sale of this special
license plate shall be disbursed to the United States Disabled Athletes
Fund.
(3)
Special license plates promoting the Nongame-Endangered Wildlife Program of the
Georgia Department of Natural Resources. The funds raised by the sale of these
special license plates shall be disbursed to the Nongame Wildlife Conservation
and Wildlife Habitat Acquisition Fund of the Georgia Department of Natural
Resources for the purposes enumerated in subsection (b) of Code Section
12-3-602. Such license plates shall not include a space for a county name decal
but shall instead bear the legend 'Give Wildlife a Chance' in lieu of the name
of the county of issuance.
(4)
A special license plate commemorating Civil War battlefields and historic sites.
The funds raised by the sale of this special license plate shall be disbursed to
the Civil War Commission for the acquisition of Civil War battlefields and
associated Civil War historic sites in this state and for the maintenance,
protection, and interpretation of the same as provided by Ga. L. 1993, p.
1952.
(5)
A special license plate promoting conservation and enhancement of trout
populations. The funds raised by the sale of this special license plate shall
be disbursed to the Wildlife Resources Division of the Department of Natural
Resources to supplement trout restoration and management programs.
(6)
A special license plate promoting historic preservation efforts. The funds
raised by the sale of this special license plate shall be disbursed to the
Department of Natural Resources for use by the Historic Preservation Division to
fund historic preservation programs in the state through the Georgia historic
preservation grant program as otherwise authorized by law.
(7)
A special license plate promoting bicycle safety. The funds raised by the sale
of this special license plate shall be disbursed to the
Governoŕs
Highway Safety Program administered by the Office of Highway Safety in the
Department of Public Safety.
(8)
A special license plate honoring families with a member serving in the military.
The funds raised by the sale of this special license plate shall be disbursed 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.
(9)
A special license plate promoting 'Support Georgia Troops.' The funds raised by
the sale of this special license plate shall be disbursed 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.
(10)
A special license plate promoting NASCAR. The provisions of paragraph (1) of
this subsection notwithstanding, from the additional $25.00 fee charged for the
issuance and renewal of the NASCAR license plates authorized under this
paragraph, $10.25 shall be used by the department for purchasing plates from the
supplier of the plates, as designated by NASCAR, and royalty costs, and $14.75
shall be disbursed to the
Governoŕs
Highway Safety Program administered by the Office of Highway Safety in the
Department of Public Safety.
(11)
A special license plate supporting the Bobwhite Quail Restoration Initiative.
The funds raised by the sale of this special license plate shall be disbursed to
the Wildlife Resources Division of the Department of Natural Resources to
conduct programs designed to enhance the bobwhite quail population in this
state. Such programs may include the creation of habitat demonstration areas on
state managed wildlife lands, education programs, technical assistance to
private landowners in the creation and maintenance of bobwhite quail habitats on
their lands, and projects to encourage public support for the license plate and
the activities it funds. The Department of Natural Resources may enter into
such contractual agreements as may be appropriate to further the objectives of
the Bobwhite Quail Restoration Initiative, including entering into contractual
agreements whereby private landowners, public agencies, or corporate entities
create, preserve, or enhance habitat for bobwhite quail in return for the
payment of incentives. Such license plate shall not include a space for a
county decal but shall instead bear the legend 'Support Wildlife' in lieu of the
name of the county of issuance.
(n)(1)
The General Assembly has determined that license plates supporting the agencies,
funds, or nonprofit corporations listed in this subsection shall be issued for
the purposes indicated and with a portion of the revenue being disbursed to the
agency, fund, or nonprofit corporation indicated in this subsection. The
revenue disbursement for the special license plates in this subsection shall be
as described in subsection (e) of this Code section.
(2)
A special license plate to display 'Support Our Public Libraries' to support the
purchase of books and literary programming for public libraries in Georgia. The
funds raised by the sale of this special license plate shall be disbursed to the
Georgia Center for the Book.
(3)
A special license plate for
Childreńs
Healthcare of Atlanta to support the work this pediatric hospital system does in
the State of Georgia. The funds raised by the sale of this special license
plate shall be disbursed to
Childreńs
Healthcare of Atlanta.
(4)
A special license plate for the Georgia War Veterans Nursing Home to support the
implementation and operation of the Georgia War Veterans Nursing Home. The
funds raised by the sale of this special license plate shall be disbursed to the
Department of Veterans Service for use in operating the Georgia War Veterans
Nursing Home.
(5)
A special license plate for the Georgia Automobile Racing Hall of Fame
Association to promote the Georgia Automobile Racing Hall of Fame Association,
which is devoted to preserving the history of automobile racing in Georgia. The
funds raised by the sale of this special license plate shall be disbursed to the
Georgia Automobile Racing Hall of Fame Association.
(6)
A special license plate for the
Alzheimeŕs
Association, Georgia Chapter, to help eliminate
Alzheimeŕs
disease through the advancement of research and to enhance care and support for
individuals, their families, and caregivers. The funds raised by the sale of
this special license plate shall be disbursed to the
Alzheimeŕs
Association, Georgia Chapter.
(7)
A special license plate for the school health and physical education program to
help fund school health and physical education programs. The funds raised by
the sale of this special license plate shall be disbursed to the Department of
Education.
(8)
A special license plate for stroke awareness, treatment, and prevention to
support programs aiding stroke victims in Georgia. Such license plate 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. The funds
raised by the sale of this special license plate shall be disbursed to the
Center for Telehealth of the Medical College of Georgia.
(9)
A special license plate for Project Lifesaver promoting the establishment of a
Project Lifesaver or similar type of program by local law enforcement agencies.
Project
Lifesaveŕs
mission is to use state of the art technology in assisting those who care for
victims of
Alzheimeŕs
disease and other related mental dysfunction disorders and victims who become
lost. The funds raised by the sale of this special license plate shall be
disbursed to the Department of Public Safety or a nonprofit corporation
organized exclusively for the purpose of establishing a Project Lifesaver or
similar type of program by local law enforcement agencies.
(10)
A special license plate for pediatric cancer to raise funds to support the
treatment of pediatric cancer. Such license plate shall not include a space for
a county name decal but shall instead bear the legend 'Cure
Kidś
Cancer' in lieu of the name of the county of issuance. The funds raised by the
sale of this special license plate shall be disbursed to the Department of
Community Health to be deposited in the Indigent Care Trust Fund created by Code
Section 31-8-152 to fund pediatric cancer screening and treatment related
programs for those children who are medically indigent and may have
cancer.
(11)
A special license plate for the child care industry to promote the child care
industry by encouraging higher educational standards and providing for
professional camaraderie for child care providers. Such license plate shall not
include a space for a county name decal but shall instead bear the legend
'Support Improved Child Care' in lieu of the name of the county of issuance.
The funds raised by the sale of this special license plate shall be disbursed to
the Minority Alliance for Child Care Development Advocates, Inc., for the
development of programs to help improve child care.
(12)
A special license plate to display the motto, 'In God We Trust.' The funds
raised by the sale of this special license plate shall be disbursed to the Boy
Scouts of America for the development of scouting programs.
(13)
A special license plate for child abuse prevention. Such license plate shall
not include a space for a county name decal but shall instead bear the legend
'Prevent Child Abuse' in lieu of the name of the county of issuance. The funds
raised by the sale of this special license plate shall be disbursed to the
Foster Family Foundation of Georgia for the development of programs to help
victims of child abuse.
(14)
A special license plate for the Thanks Mom and Dad Fund. The funds raised by
the sale of this special license plate shall be disbursed to the Department of
Human Resources to address the key needs of the
statés
older population or a nonprofit corporation organized to serve the needs of the
statés
older population.
(15)
A special license plate for pediatric cancer research. The funds raised by the
sale of this special license plate shall be disbursed to the Joanna McAfee
Childhood Cancer Foundation for support of pediatric cancer
research.
(16)
A special license plate for supporting beautification projects in Cobb County.
The funds raised by the sale of this special license plate shall be disbursed to
Keep Cobb Beautiful, Inc., for support of beautification projects in Cobb
County.
(17)
A special license plate for the AIDS Survival Project. The funds raised by the
sale of this special license plate shall be disbursed to the AIDS Survival
Project which is committed to providing people living with HIV the information
and support they need to live healthy and productive lives.
(18)
A special license endorsing 'Support Our Troops.' The funds raised by the sale
of this special license plate shall be disbursed to Georgia Support Our Troops,
Inc.
(19)
A special license plate for the Sons of Confederate Veterans. The funds raised
by the sale of this special license plate shall be disbursed to Georgia Sons of
Confederate Veterans.
(20)
A special license plate for amyotrophic lateral sclerosis (ALS), also known as
'Lou
Gehriǵs
disease,' to support research and education on amyotrophic lateral sclerosis.
The funds raised by the sale of this special license plate shall be disbursed to
the ALS Association of Georgia.
(21)
A special license plate for foster parents to support programs for foster
parents in Georgia. The funds raised by the sale of this special license plate
shall be disbursed to The Adoptive and Foster Parent Association of Georgia,
Inc., for support of foster parents in Georgia.
(22)
A special license plate for the Atlanta Braves Foundation to assist the
charities supported by the foundation. The funds raised by the sale of this
special license plate shall be disbursed to the Department of Community Affairs
or such other public agency or nonprofit corporation as may be
designated.
(23)
A special license plate for the Atlanta Falcons Foundation to assist the
charities supported by the foundation. The funds raised by the sale of this
special license plate shall be disbursed to the Department of Community Affairs
or such other public agency or nonprofit corporation as may be
designated.
(24)
A special license plate for supporting beautification projects in Georgia. The
funds raised by the sale of this special license plate shall be disbursed to
Keep Georgia Beautiful Foundation, Inc., for support of beautification projects
in Georgia.
(25)
A special license plate displaying the logo of Choose Life, Inc. The words
'Choose Life' must appear at the bottom. The funds raised by the sale of this
special license plate shall be disbursed to Choose Life of Georgia, Inc., to be
distributed among nonprofit corporations in Georgia that counsel women to
consider adoption.
(26)
A special license plate supporting education on the maritime history of
Georgiás
coast. The funds raised by the sale of this special license plate shall be
disbursed to The Georgia Maritime Foundation, Inc., for use in programs
supporting education on the maritime history of Georgia.
(27)
A special license plate supporting programs for persons with brain-related
disorders and disabilities. The funds raised by the sale of this special
license plate shall be disbursed to Pilot International, for support of programs
for persons with brain-related disorders in Georgia.
(28)
A special license plate supporting agriculture in Georgia. The funds raised by
the sale of this special license plate shall be evenly split between Georgia 4-H
and the Georgia Association of Future Farmers of America to fund projects
promoting agriculture in Georgia.
(29)
A special license plate promoting the Georgia equine industry. The funds raised
by the sale of this special license plate shall be disbursed to the Agricultural
Commodity Commission for Equines. A special license plate promoting African
American History and Tourism in Georgia.
(30)
A special license plate for supporting “Bronze Star” for war
veterans. The fund raised by the sale shall be disbursed to the National Guard
Family Foundation.”
SECTION
13.
(a)
This Act shall become effective on January 1, 2007, except as otherwise provided
in subsection (b) of this section.
(b) If an amendment to the Constitution of the State of Georgia authorizing the dedication of revenue from sales of special license plates to agencies, funds, or nonprofit corporations designated by the General Assembly is not ratified at the general election in 2006, this Act shall be repealed in its entirety on January 1, 2007, 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 dedication of revenue from sales of special license plates to agencies, funds, or nonprofit corporations designated by the General Assembly is not ratified at the general election in 2006, this Act shall be repealed in its entirety on January 1, 2007, and no such motor vehicle license plates shall be issued pursuant to this Act.
SECTION
14.
All
laws and parts of laws in conflict with this Act are repealed.