05 LC 34
0261
House
Bill 621
By:
Representatives Hill of the
180th,
Stephens of the
164th,
Keen of the
179th,
Lane of the
167th,
and Day of the
163rd
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 the issuance of special historic preservation license
plates to promote and financially provide for historic preservation efforts in
Georgia; to provide for the design of such plates; to provide for the issuance
and revalidation of such plates upon application and the payment of certain
fees; to provide for the disposition of such fees and the intent of the General
Assembly with respect to appropriations; to provide for the use of appropriated
funds and reports with respect to such use; 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 special license plates for certain persons and vehicles, is amended by
inserting at its end a new Code Section 40-2-86.10 to read as
follows:
"40-2-86.10.
(a)
In order to promote and financially provide for historic preservation efforts in
Georgia, there shall be issued beginning January 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 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 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, 2005, 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."
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.