05 LC 34
0244
House
Bill 506
By:
Representatives Burkhalter of the
50th
and Coleman of the
144th
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 special license plates for certain persons and vehicles,
so as to provide for special license plates promoting and benefiting the arts in
Georgia; to provide for licensing and other agreements; to provide for design
and rights; to provide for conditions for issuance, revalidation, and transfer;
to provide for fees and the usage thereof; to provide for accounting, contracts,
and advisory bodies; 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 special license plates for certain persons and vehicles, is amended by adding
a new Code section to read as follows:
"40-2-86.10.
(a)
In order to assist counties in promoting the arts and the accompanying
educational and economic development fostered in such counties by such
promotion, there shall be issued beginning January 1, 2006, special license
plates promoting the arts in Georgia.
(b)
The department shall design Arts in Georgia license plates according to
standards set by the department. All special license plates must be of the same
size and general design of general issue motor vehicle license plates. The
plates shall include a unique identifying number of six alphanumeric characters,
provided that no two recipients receive identical plates. Any organization
described in subsection (i) of this Code section desiring to request the
assignment of the first of 100 in a series of license plates may do so upon
payment of an additional initial registration fee of $25.00 for each license
plate requested.
(c)
The graphic on the Arts in Georgia license plate shall be designed in
cooperation with the department and be placed to the left of the alphanumeric
characters and shall be no larger than three inches by three
inches.
(d)
The design of the initial edition of the Arts in Georgia license plate, as well
as the design of subsequent editions and excepting only any part or parts of the
designs owned by others and licensed to this 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.
(e)
The production and issuing of Arts in Georgia license plates shall be subject to
the following conditions:
(1)
The department shall receive a minimum of 1,000 applications prior to the
manufacture of any Arts in Georgia license plates and such application shall be
accompanied by the manufacturing fee;
(2)
The Arts in Georgia license plate shall have an application period of two years
after July 1, 2005, for the payment of the manufacturing fee, after which time
if the minimum number of applications is not met, the department shall not be
required to continue to accept the manufacturing fee for the Arts in Georgia
license plate and all previously collected fees shall be returned by the
department; and
(3)
The department shall not be required to continue to manufacture the Arts in
Georgia license plate when 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. Current registrants may continue to renew the Arts
in Georgia license plate during the annual registration period. 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 Arts in
Georgia 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
counties shall be required again to obtain 1,000 applications accompanied by the
manufacturing fee.
(f)
Beginning on January 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 manufacturing fee of
$25.00 (or an annual renewal fee of $25.00) in addition to the regular motor
vehicle registration fee, shall be issued an Arts in Georgia license plate to
replace a current valid license plate.
(g)
License plates issued under this Code section shall be issued within 30 days of
application.
(h)
Manufacturing fees and annual renewal fees for the Arts in Georgia license
plates shall be apportioned as follows: $2.00 to the department for the
administrative cost and cost of manufacture, $13.00 to the state, and $10.00 to
be transmitted by the county tag agent to the county where the Arts in Georgia
license plate was sold and be deposited in a separate account within that
countýs
general fund.
(i)
The governing authority or designated administrator of such county shall make
appropriations from that separate account exclusively for contracts with
organizations which:
(1)
Qualify as exempt from federal taxation under Section 501(c)(3) of the Internal
Revenue Code, as such code is defined in Code Section 48-1-2;
(2)
Are primarily engaged in the performing or visual arts, including but not
limited to theater, film, photography, music, opera, dance, painting, drawing,
or sculpture, the performance or exhibition of which occurs within the county
executing such contracts and which is open to the general public, whether or not
for an admission fee; and
(3)
Agree, pursuant to such contracts, to provide to such county certain artistic
performances or exhibitions for educational, cultural, and economic development
purposes.
(j)
The county ultimately receiving 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. If the audit demonstrates that the funds
are not being used for the purposes set forth herein, the department shall
instruct the county tag agent to withhold payment of such funds until such
noncompliance issues are resolved by the county.
(k)
As soon as practicable after June 30 of each year, the commissioner shall report
the amount remitted to the state, less the designated administrative cost and
cost of manufacture, from the sale of Arts in Georgia license plates during such
fiscal year to the Office of Planning and Budget.
(l)
The director of the Office of Planning and Budget shall submit a report to the
chairpersons of the Senate and House Appropriations Committees detailing the
receipt and expenditure of all funds received from the sale of special license
plates to promote the arts in Georgia. Such report shall be made not later than
the second Monday of January of each year.
(m)
In connection with the appropriation of money for the execution of any contracts
under this Code section, the governing authority of any county within this state
may establish such boards or councils as it may determine necessary to establish
the procedures under which such contracts are made and to advise such governing
authority generally with respect to such
contracts."
SECTION
2.
This
Act shall become effective on July 1, 2005.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.