05 LC 34
0231
House
Bill 405
By:
Representatives Reece of the
11th,
Stephens of the
164th,
Yates of the
73rd,
and Smith of the
13th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 4 of Title 38 of the Official Code of Georgia
Annotated, relating to the Department of Veterans Service, so as to provide for
a Georgia War Veterans Nursing Home Trust Fund; to provide for funds and rules
related thereto; 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 such program 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
1 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating
to the Department of Veterans Service, is amended by adding a new Code Section
38-4-13 to read as follows:
"38-4-13.
There
is created the Georgia War Veterans Nursing Home Trust Fund which shall be
administered by the commissioner of veterans service. The Department of
Veterans Service shall utilize moneys placed in such trust fund derived from
special license plate sales, any funds appropriated to the Department of
Veterans Service for such purposes, and any voluntary contributions or other
funds made available to the Department of Veterans Service for such purposes for
the implementation, operation, and support of the Georgia War Veterans Nursing
Home. The commissioner of veterans service shall establish a support program
for such purposes. The commissioner of veterans service is authorized to
promulgate rules to direct and administer the fund and program and to carry out
this Code
section."
SECTION
2.
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 40-2-86.10 to read as
follows:
"40-2-86.10.
(a)
In order to enhance the provision of care of the residents of the
statés
veterans nursing homes and activities directly in support thereof, there shall
be issued beginning January 1, 2007, special license plates promoting Georgia
veterans.
(b)
The Department of Veterans Service, in cooperation with the commissioner, shall
design special distinctive license plates appropriate to promote Georgia
veterans to support the nursing home care support program established pursuant
to Code Section 38-4-13. The Georgia Veterans 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. Such design shall provide space in which to indicate the name of the
county of issuance.
(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 such licenses or other
permissions as may be required to implement this Code section. The design of
the initial edition of the Georgia Veterans 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 of veterans service. The commissioner of veterans service 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 of veterans
service.
(d)
Beginning in calendar year 2007, any Georgia resident who is a veteran of the
armed forces, national guard, or any reserve component of the United States and
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 $25.00 in addition to the regular motor vehicle registration fee shall
be issued a Georgia Veterans license plate. Revalidation decals shall be issued
for Georgia Veterans plates in the same manner as provided for general issue
license plates.
(e)
The funds derived from the sale of Georgia Veterans 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
Georgia Veterans Nursing Home Trust Fund created by Article III, Section IX,
Paragraph VI(n) of the Constitution of the State of Georgia. As soon as
practicable after December 31 of each year, the commissioner shall report the
net amount derived from the sale of Georgia Veterans license plates to the
Department of Veterans Service.
(f)
An applicant may request a Georgia Veterans license plate any time during the
applicant́s
registration period. If such a license plate is to replace a current valid
license plate, the Georgia Veterans license plate shall be issued with
appropriate decals attached.
(g)
Georgia Veterans license plates shall be transferred from one vehicle to another
vehicle in accordance with the provisions of Code Section 40-2-42.
(h)
Georgia Veterans license plates shall be issued within 30 days of
application."
SECTION
3.
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 creation
of the Georgia War Veterans Nursing Home Trust Fund. 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
4.
All
laws and parts of laws in conflict with this Act are repealed.