06 LC 34
0512
House
Bill 1057
By:
Representatives Mills of the
25th
and Rice of the
51st
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 for certain persons and vehicles,
so as to provide for a special license plate promoting child abuse prevention;
to provide for a portion of the revenue to go to the Foster Family Foundation of
Georgia; to provide for purposes, design, applications, fees, issuance,
revenues, renewals, and transfers; 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 certain persons and vehicles, is amended by
adding a new Code Section 40-2-86.18 to read as follows:
∀40-2-86.18.
(a)
In order to promote child abuse prevention there shall be issued beginning July
1, 2007, special license plates under this Code section.
(b)
The commissioner shall design, in cooperation with supporters of this license
plate, a special distinctive license plate appropriate for the purposes provided
by this Code section. 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 'Prevent Child Abuse' in
lieu of 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 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 on July 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 a manufacturing fee of
$25.00 in addition to the regular motor vehicle registration fee shall be issued
a license plate supporting prevention of child abuse. 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 supporting prevention of child abuse at
any time during the
applicant́s
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)
The manufacturing fee derived from the sale of child abuse prevention 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 the Foster Family Foundation of
Georgia for the development of programs to help victims of child abuse as
provided by Article III, Section IX, Paragraph VI(n) of the
Constitution.
(g)
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, 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 period 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 period
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.
(i)
Prevention of child abuse license plates shall be transferred from one vehicle
to another vehicle in accordance with the provisions of Code Section
40-2-80.
(j)
Prevention of child abuse 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, 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 donation of revenue from sales of special license plates to the Foster Family Foundation of Georgia 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 donation of revenue from sales of special license plates to the Foster Family Foundation of Georgia 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
3.
All
laws and parts of laws in conflict with this Act are repealed.