06 LC 28
2738
House
Bill 1088
By:
Representatives Heard of the
104th
and Dollar of the
45th
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 special license plates promoting the
Thanks Mom and Dad Fund and related activities; to provide for issuance,
renewal, fees, licensing agreements, applications, transfers, and disposition of
funds relative to such 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 40-2-86.18 to read as
follows:
∀40-2-86.18.
(a)
In order to promote programs dedicated to providing comprehensive services to
address the key needs of the
regiońs
older population and activities directly in support thereof, there shall be
issued beginning January 1, 2007, special license plates promoting the Thanks
Mom and Dad Fund, subject to the conditions set forth in this Code
section.
(b)
The commissioner shall design special distinctive license plates appropriate to
promote the Thanks Mom and Dad Fund. 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 Thanks Mom and Dad Fund 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 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 Thanks Mom and Dad Fund. Revalidation decals
shall be issued for such license plates in the same manner as provided for
general issue license plates.
(e)(1)
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 programs dedicated to providing comprehensive
services to address the key needs of the
statés
older population, 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 Human Resources or such other public agency as may be
specified in the General Appropriations Act 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.
(2)
Subject to the general appropriations process, it is the intent of the General
Assembly in the enactment of this Code section that the funds dedicated by this
subsection be made available for the ultimate use of nonprofit organizations
that provide programs dedicated to providing comprehensive services to address
the key needs of the
statés
older population.
(f)
An applicant may request a Thanks Mom and Dad Fund license plate any time during
the
applicant́s
registration period. If such a license plate is to replace a current valid
license plate, the Thanks Mom and Dad Fund license plate shall be issued with
appropriate decals attached.
(g)
No special license plate authorized pursuant to this Code section shall be
issued except upon the application 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.
(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)
Thanks Mom and Dad Fund license plates shall be transferred from one vehicle to
another vehicle in accordance with the provisions of Code Section
40-2-80.
(j)
Thanks Mom and Dad Fund license plates 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 resolution 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.