06 LC 21
8682
House
Bill 1169
By:
Representatives Drenner of the
86th,
Henson of the
87th,
Gardner of the
57th,
Benfield of the
85th,
and Orrock of the
58th
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
AIDS Survival Project 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 the AIDS Survival Project and activities directly in support
thereof, there shall be issued beginning January 1, 2007, special license plates
promoting the AIDS Survival Project, subject to the conditions set forth in this
Code section.
(b)
The commissioner shall design special distinctive license plates appropriate to
promote the AIDS Survival Project. 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 AIDS
Survival Project 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 AIDS Survival Project. 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 committed to providing people living with
HIV the information and support they need to live healthy and productive lives,
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
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 a nonprofit organization.
Subject to the general appropriations process and the audit requirements of this
Code section, it is contemplated that such dedicated funds will be for the
ultimate use of the AIDS Survival Project, if the General Assembly finds that
the license plate program and appropriation authorized by this Code section will
benefit both the state and the nonprofit organization having the ultimate use of
the dedicated funds.
(f)
An applicant may request an AIDS Survival Project license plate any time during
the
applicant́s
registration period. If such a license plate is to replace a current valid
license plate, the AIDS Survival Project 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 receipt 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)
AIDS Survival Project license plates shall be transferred from one vehicle to
another vehicle in accordance with the provisions of Code Section
40-2-80.
(j)
AIDS Survival Project 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.