05 LC 34
0358S
The
House Committee on Motor Vehicles offers the following substitute to HB
135:
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 allowing spouses of Medal of Honor
winners to retain the special license plate;
to restate conditions for issuance of disabled personś license plates and decals; to create license plates for motorcycles honoring a recipient of the Purple Heart, honoring police officers wounded in the line of duty, commemorating the Benevolent and Protective Order of Elks, honoring emergency medical services personnel, promoting historic preservation efforts, and identifying licensed Georgia physicians; to add an inscription on license plates for veterans awarded the Purple Heart; 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 an effective date; to repeal conflicting laws; and for other purposes.
to restate conditions for issuance of disabled personś license plates and decals; to create license plates for motorcycles honoring a recipient of the Purple Heart, honoring police officers wounded in the line of duty, commemorating the Benevolent and Protective Order of Elks, honoring emergency medical services personnel, promoting historic preservation efforts, and identifying licensed Georgia physicians; to add an inscription on license plates for veterans awarded the Purple Heart; 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 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 and special plates for certain persons and vehicles,
is amended by striking subsection (a) of Code Section 40-2-68, relating to
special license plates for Medal of Honor winners, and inserting in its place
the following:
"(a)
Motor vehicle owners who have been awarded the Medal of Honor and who are
residents of this state, upon complying with the motor vehicle laws relating to
registration and licensing of motor vehicles, shall be issued two distinctive
personalized license plates free of charge. Such license plates shall be
fastened to both the front and the rear of the vehicle. Such license plates
shall be transferred to another vehicle as provided in Code Section 40-2-80.
In the event
of the death of the person who received the special license plates pursuant to
this Code section, upon complying with the motor vehicle laws relating to
registration and licensing of motor vehicles, his or her surviving spouse may
retain the special license plates and continue to display such plates on the
vehicle."
SECTION
2.
Said
article is further amended by striking Code Section 40-2-74, relating to special
license plates for persons with disabilities, and inserting in its place the
following:
"40-2-74.
(a)
Prior to
July 1, 1999, any motor vehicle owner who is a resident of Georgia, upon
complying with the motor vehicle laws relating to registration, licensing, and
payment of fees and upon submitting satisfactory proof to the commissioner or
one of his or her agents that he or she has permanently lost the use of a leg or
both legs, or an arm or both arms, or any combination thereof, or is so severely
disabled as to be unable to move without the aid of crutches or a wheelchair,
shall be issued a specially designated disabled
persońs
license plate from the commissioner. For purposes of this subsection,
presentation of an identification card for persons with disabilities issued
pursuant to Article 8 of Chapter 5 of this title shall constitute proof of
disability.
(a.1)
On and after July 1, 1999, any
Any
owner of a private passenger motor vehicle
with a
gross vehicle weight rating of less than 14,000
pounds who is a resident of Georgia, upon
complying with the motor vehicle laws relating to registration, licensing, and
payment of fees and upon submitting an affidavit of a practitioner of the
healing arts stating that the owner or his or her spouse, child, or ward is a
person with disabilities, as defined in paragraph (5) of Code Section 40-6-221,
whose disability or incapacity can be expected to last for more than 180 days
and stating the specific disability that limits or impairs the ability to walk,
shall be issued a specially designated disabled
persońs
license plate from the commissioner. As used in this Code section, the term
'practitioner of the healing arts' means a person holding a license to practice
medicine, podiatric medicine, or chiropractic issued pursuant to Article 2 of
Chapter 34 of Title 43, Chapter 35 of Title 43, or Chapter 9 of Title 43,
respectively.
(b)
A hearing impaired person otherwise qualified under this subsection shall be
eligible to have issued to him or her a specially designated disabled
persońs
license plate in accordance with this Code section. As used in this Code
section, 'hearing impaired person' shall have the same meaning as defined in
Code Section 24-9-101, except that the term 'hearing impaired person' shall not
include any person who is not qualified for a
driveŕs
license pursuant to Code Section 40-5-35, relating to reports by physicians and
vision specialists in connection with the issuance or revocation of
driverś
licenses, as now or hereafter amended. For purposes of this subsection,
presentation of an identification card for persons with disabilities issued
pursuant to Article 8 of Chapter 5 of this title shall constitute proof of
hearing impairment.
(c)
Upon complying with the motor vehicle laws relating to registration, licensing,
and payment of fees and upon submission of proof of disability as provided in
subsection (a)
or
(a.1) of this Code section, as
applicable:
(1)
Any resident person who is the joint owner of a motor vehicle with a disabled
person as prescribed in this Code section shall be authorized to obtain such
specialized plates for such jointly owned vehicle; and
(2)
Any resident motor vehicle owner who is the spouse, parent, or legal guardian of
a person who is disabled as prescribed in this Code section shall be authorized
to obtain such specialized plates for such vehicle.
Upon
the death of the disabled person or if the joint ownership of such vehicle
ceases for any reason, the specialized license plate shall be canceled and the
owner of such motor vehicle shall be issued a regular license plate for such
vehicle.
(d)
The commissioner is directed to furnish such license plates as provided for in
this Code section, which shall bear the official international wheelchair symbol
or a reasonable facsimile thereof, or such other symbols as the commissioner may
deem appropriate.
(e)
The
commissioner may begin issuing disabled
personś
license plates with the year 1976. Any
license plate issued pursuant to the provisions of this Code section shall be
transferred to another vehicle as provided in Code Section 40-2-80.
(f)
Any person who is not a disabled person as prescribed in this Code section or a
person otherwise entitled to obtain such special license plates and who
willfully and falsely represents himself or herself as having the qualifications
to obtain the special plates prescribed by this Code section shall be guilty of
a misdemeanor.
(f.1)(g)
Any practitioner of the healing arts who knowingly and willfully makes a false
or misleading statement in his or her affidavit stating that an applicant is a
disabled person as prescribed in this Code section shall be guilty of a
misdemeanor.
(g)(h)
Any person owning a vehicle bearing the special plates and not entitled to do so
under this Code section shall be guilty of a
misdemeanor."
SECTION
3.
Said
article is further amended by inserting a new Code Section 40-2-74.1 immediately
following Code Section 40-2-74, relating to special license plates for persons
with disabilities, to read as follows:
"40-2-74.1.
(a)
Any person meeting the requirements for a disabled
persońs
license plate as provided for in Code Section 40-2-74 may obtain a special decal
to be placed on any vehicle owned by such person in lieu of a disabled
persońs
license plate. The cost of the decal shall be $5.00 and the county tag agent is
authorized to retain a $1.00 processing fee.
(b)(1)
The commissioner shall design a special disabled
persońs
decal to be placed on the rear windshield of a private passenger
vehicle.
(2)
The special disabled
persońs
decal shall be so constructed that it will adhere to the inside of the rear
window of the vehicle and when removed will self-destruct.
(3)
The special disabled
persońs
decal shall have a place to write the month and year of expiration and shall
expire at the end of the month in the fourth year from the date of
issue.
(4)
The decal shall be placed in the bottom left of the rear window so not to
obscure the view of the driver to indicate that the owner has met the
requirements to park in a parking space designated for a disabled person as
provided for in Part 2 of Article 10 of Chapter 6 of this title.
(c)
Any person who is not a disabled person as prescribed in Code Section 40-2-74
and who willfully and falsely represents himself or herself as having the
qualifications to obtain a special disabled
persońs
decal shall be guilty of a misdemeanor.
(d)
Any person who acquires a special disabled
persońs
decal who is not entitled to do so under this Code section shall be guilty of a
misdemeanor."
SECTION
4.
Said
article is further amended by striking Code Section 40-2-84, relating to license
plates for veterans awarded the Purple Heart, and inserting in its place the
following:
"40-2-84.
(a)
Motor vehicle or
boat
trailer
motorcycle
owners who are veterans of the armed forces of the United States who have been
awarded the Purple Heart citation shall be eligible to receive a special and
distinctive vehicle license plate for a private passenger
car,
motorcycle, or truck used for personal
transportation
or for a
boat trailer, provided that the requisite
number of applications are received by the commissioner as provided in
subsection (b) of this Code section. Such license plate shall be issued in
compliance with the state motor vehicle laws relating to registration and
licensing of motor vehicles as prescribed in Article 2 of this
chapter.
(b)
A veteran who qualifies for the special and distinctive license plate pursuant
to subsection (a) of this Code section shall make application therefor with the
commissioner and include the requisite fee. Said applicant may apply for and be
limited to not more than one free license plate at a time; provided, however,
that upon payment of the regular license fee provided for in Code Section
40-2-151 and payment of the manufacturing fee provided for in this Code section,
a veteran may obtain an additional such license plate. The commissioner shall
retain all applications received for such special and distinctive license plate
until a minimum of 250 applications have been received. After receipt of 250
applications for such distinctive license plate, the commissioner shall design a
distinctive license plate as provided in subsection (c) of this Code section and
issue the distinctive license plates to present and future qualifying
applicants. If the commissioner does not receive the required minimum 250
applications no later than July 31 of the year preceding the year of issuance of
such plates, the commissioner shall not accept any applications for nor issue
such distinctive license plates and all fees shall be refunded to applicants.
The commissioner shall promulgate such rules and regulations as may be necessary
to enforce compliance with all state license laws relating to the use and
operation of private passenger
cars,
motorcycles, and trucks
and boat
trailers before issuing these license
plates in lieu of the regular Georgia license plates. The manufacturing fee for
each additional special and distinctive license plate shall be $25.00. The
commissioner is specifically authorized to promulgate all rules and regulations
necessary to ensure compliance in instances where such vehicles have been
transferred or sold. Except as provided in subsection (d) of this Code section,
such plates shall be nontransferable.
(c)
The special and distinctive vehicle license plates shall be as prescribed in
Article 2 of this chapter for private passenger
cars,
motorcycles, or trucks used for personal
transportation
or for boat
trailers. Additional words or symbols, in
addition to the numbers and letters prescribed by law, shall be inscribed upon
such license plates so as to identify distinctively the owner as a Purple Heart
recipient.
For any
redesigned plates issued on or after July 1, 2006, such inscription shall
include the designation 'Combat Wounded.'
(d)
The license plate issued pursuant to this Code section shall be transferred
between vehicles as provided in Code Section 40-2-80. The spouse of a deceased
veteran of the armed forces of the United States who was awarded the Purple
Heart citation shall continue to be eligible to be issued a distinctive
personalized license plate as provided in this Code section for any vehicle
owned by such veteran ownership of which is transferred to the surviving spouse
or for any other vehicle owned by such surviving spouse either at the time of
the qualifying
veterańs
death or acquired thereafter, so long as such person does not
remarry.
(e)
For each additional special license plate issued under this Code section there
shall be an additional $25.00 annual registration 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."
SECTION
5.
Said
article is further amended by adding new Code Sections 40-2-86.10 through
40-2-86.14 to read as follows:
"40-2-86.10.
(a)
Motor vehicle owners who are or formerly were police officers who were wounded
in the line of duty as a police officer shall be eligible to receive a special
and distinctive vehicle license plate for a private passenger car or truck used
for personal transportation, provided that the requisite number of applications
are received by the commissioner as provided in subsection (b) of this Code
section. Such license plate shall be issued in compliance with the state motor
vehicle laws relating to registration and licensing of motor vehicles as
prescribed in Article 2 of this chapter. The commissioner shall be authorized
to promulgate rules and regulations to determine the eligibility of such persons
for such special and distinctive license plates.
(b)
A person who qualifies for the special and distinctive license plate pursuant to
subsection (a) of this Code section shall make application therefor with the
commissioner and include the requisite fee. Said applicant, upon payment of the
regular license fee provided for in Code Section 40-2-151 and payment of the
manufacturing fee provided for in this Code section, may apply for and be
limited to not more than one such special and distinctive license plate. The
commissioner shall retain all applications received for such distinctive license
plate until a minimum of 1,000 applications have been received. After receipt
of 1,000 applications for such distinctive license plate, the commissioner shall
design a distinctive license plate as provided in subsection (c) of this Code
section and issue the distinctive license plates to present and future
qualifying applicants. The distinctive license plate shall have an application
period of two years after July 1, 2006, 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. The department shall not be required to continue to
manufacture the distinctive 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. The commissioner shall promulgate such rules and regulations as may be
necessary to enforce compliance with all state license laws relating to the use
and operation of private passenger cars and trucks and boat trailers before
issuing these license plates in lieu of the regular Georgia license plates. The
manufacturing fee for each additional special and distinctive license plate
shall be $25.00. The commissioner is specifically authorized to promulgate all
rules and regulations necessary to ensure compliance in instances where such
vehicles have been transferred or sold. Except as provided in subsection (d) of
this Code section, such plates shall be nontransferable.
(c)
The special and distinctive vehicle license plates shall be as prescribed in
Article 2 of this chapter for private passenger cars or trucks used for personal
transportation. Additional words or symbols, in addition to the numbers and
letters prescribed by law, shall be inscribed upon such license plates so as to
identify distinctively the owner as a police officer who was wounded in the line
of duty.
(d)
The license plate issued pursuant to this Code section shall be transferred
between vehicles as provided in Code Section 40-2-80. The spouse of a person
who qualifies for such special and distinctive license plate under subsection
(a) of this Code section shall continue to be eligible to be issued a
distinctive personalized license plate as provided in this Code section for any
vehicle owned by such person ownership of which is transferred to the surviving
spouse or for any other vehicle owned by such surviving spouse either at the
time of the qualifying
persońs
death or acquired thereafter, so long as such person does not
remarry.
(e)
For each special license plate issued under this Code section there shall be an
additional $25.00 annual registration 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.
(f)
For the purposes of this Code section, the term 'police officer' shall mean any
law enforcement officer charged with the duty of enforcing the criminal laws and
ordinances of this state, any other state, or the United States or of the
counties or municipalities of this state or any other state who is employed by
and compensated by the United States, the state, or any county or municipality
of the state. The term shall include, but not be limited to, municipal police,
county police, sheriffs, deputy sheriffs, wardens, guards, agents of the Georgia
Bureau of Investigation, members of the uniform division of the Department of
Public Safety, agents and investigators of the State Forestry Commission,
conservation rangers of the Department of Natural Resources, agents of the
Department of Revenue, agents of the Federal Bureau of Investigation, agents of
the federal Drug Enforcement Administration, and agents of the federal Secret
Service.
40-2-86.11.
(a)
There shall be issued beginning in 2006 special and distinctive vehicle license
plates commemorating the Benevolent and Protective Order of Elks for its
contributions to Georgians through programs dedicated to our youth such as 'Hoop
Shoot,' 'Soccer Shoot,' 'Drug Awareness and Prevention,' and youth scholarship
contests; our veterans in local VA hospitals; the Elks major state project,
'Elks Aidmore
Childreńs
Center,' a home for disadvantaged youth of Georgia; and the many contributions
made by local Elks lodges across the state, subject to the conditions set forth
in this Code section.
(b)
The commissioner, in cooperation with the Benevolent and Protective Order of
Elks, shall design special distinctive license plates to commemorate the
Benevolent and Protective Order of Elks. 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
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. Such design shall not provide space in which to indicate the name of
the county of issuance. The organization 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 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 the Benevolent
and Protective Order of Elks 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 the Benevolent and
Protective Order of Elks logo and any other 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 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 commemorating the Benevolent and Protective Order of Elks.
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 commemorating the Benevolent and
Protective Order of Elks 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)
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, 2006, 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)
Benevolent and Protective Order of Elks license plates shall be transferred from
one vehicle to another vehicle in accordance with the provisions of Code Section
40-2-80.
(i)
Benevolent and Protective Order of Elks license plates shall be issued within 30
days of application once the requirements of this Code section have been
met.
40-2-86.12.
(a)
The commissioner, in cooperation with licensed emergency services personnel in
Georgia, and in order to promote and honor these individuals, shall design a
special license plate to be issued displaying the National Highway Traffic
Safety
Administratiońs
EMS Star of Life Symbol and the initials 'EMS.' 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. It shall not be a requirement that a county name decal
shall be fixed and displayed on license plates issued under this Code
section.
(b)
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, received such licenses or other permissions as
may be required to implement this Code section. The design of the initial
edition of the emergency medical services 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.
(c)
Beginning in calendar year 2006, any Georgia resident who is the owner of a
motor vehicle, except a vehicle registered under the International Registration
Plan, and provides proof of certification or licensure by the State of Georgia
as an emergency medical technician, paramedic, or owner of a licensed ambulance
service in the State of Georgia, upon complying with the motor vehicle laws
relating to registration and licensing of motor vehicles and upon the payment of
a fee of $25.00 in addition to the regular motor vehicle registration fee, shall
be issued an emergency medical services license plate. Special license plates
issued under this Code section shall be renewed annually with a revalidation
decal as provided in Code Section 40-2-31 upon payment of an additional $25.00
annual registration fee, which fee shall be collected by the county tag agent at
the time of collection of other registration fees and remitted to the state as
provided in Code Section 40-2-34.
(d)
A qualified applicant may request an emergency medical services license plate
any time during the
applicant́s
registration period. If such a license plate is to replace a current valid
license plate, the emergency medical services license plate shall be issued with
appropriate decals attached.
(e)
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 July 1, 2006,
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.
(f)
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.
(g)
Emergency medical services license plates shall be transferred from one vehicle
to another vehicle in accordance with the provisions of Code Section
40-2-42.
(h)
Emergency medical services license plates shall be issued within 30 days of
application.
40-2-86.13.
(a)
In order to promote and financially provide for historic preservation efforts in
Georgia, there shall be issued beginning July 1, 2006, special license plates
promoting such efforts.
(b)
The Division of Historic Preservation of the Department of Natural Resources
shall design special distinctive license plates appropriate to promote historic
preservation efforts in Georgia. Such 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 characters do not exceed the sum of
six. No two recipients shall receive identically numbered plates. Such design
shall not provide space in which to indicate the name of the county of
issuance.
(c)
The design of the initial edition of the special historic preservation license
plate, as well as the design of subsequent editions and excepting only any part
or parts of the designs which may be 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 July 1, 2006, 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 fee of not more than
$25.00 in addition to the regular motor vehicle registration fee, may be issued
a historic preservation license plate. Revalidation decals shall be issued for
historic preservation license plates in the same manner as provided for general
issue license plates upon complying with the motor vehicle laws relating to
registration and licensing of motor vehicles and upon the payment of a fee of
not more than $25.00 in addition to the regular motor vehicle registration
fee.
(e)
The funds derived from the sale and revalidation of historic preservation
license plates, 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 historic preservation license plates to the
Office of Planning and Budget and the Division of Historic Preservation of the
Department of Natural Resources. Subject to the appropriations process, 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 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.
(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, 2006, 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)
An applicant may request a historic preservation license plate any time during
the
applicant́s
registration period. If a historic preservation license plate is to replace a
current valid license plate, the department shall issue the historic
preservation license plate with appropriate decals attached. When an applicant
requests a historic preservation license plate at the beginning of the
registration period, the applicant shall pay the tax together with all
applicable fees.
(i)
Historic preservation license plates shall be transferred from one vehicle to
another vehicle in accordance with the provisions of Code Section
40-2-42.
(j)
Historic preservation license plates shall be issued within 30 days of
application.
(k)
The Department of Natural Resources shall submit a report to the chairpersons of
the Senate Natural Resources and the Environment Committee and House Natural
Resources and Environment Committee detailing the receipt and expenditure of all
appropriated funds and all funds received from the sale of historic preservation
license plates as provided by this Code section to promote historic
preservation. Such report shall be made not later than the second Monday of
January of each year.
40-2-86.14.
(a)
There shall be issued beginning in 2006 special and distinctive vehicle license
plates identifying licensed Georgia physicians, subject to the conditions set
forth in this Code section.
(b)
The commissioner shall design special distinctive license plates identifying
licensed Georgia physicians. 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 'Licensed Georgia Physician' 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 shows proof
that he or she is a licensed Georgia physician and 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 licensed Georgia physician.
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 licensed
Georgia physician 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)
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, 2006, 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 licensed Georgia physicians shall be transferred from
one vehicle to another vehicle in accordance with the provisions of Code Section
40-2-80.
(i)
License plates identifying licensed Georgia physicians shall be issued within 30
days of application once the requirements of this Code section have been
met."
SECTION
6.
This
Act shall become effective on July 1, 2006.
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.
