05 LC 33
0641
House
Bill 647
By:
Representatives Stanley-Turner of the
53rd,
Thomas of the
55th,
Henson of the
87th,
Beasley-Teague of the
65th,
Orrock of the
58th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating
to elementary and secondary education, so as to establish a special fund to be
known as the "School Health and Physical Education Support Fund"; to provide for
a state school health and physical education program; to provide for funds,
rules, and reports related thereto; to amend Article 2 of Chapter 2 of Title 40
of the Official Code of Georgia Annotated, relating to registration and
licensing of motor vehicles generally, 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 an effective date; to provide for contingent repeal; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary
and secondary education, is amended by adding after Code Section 20-2-323 a new
Code section to read as follows:
"20-2-324.
(a)
There is established a special fund to be known as the 'School Health and
Physical Education Support Fund.' The department shall utilize moneys placed in
such fund derived from special license plate sales, any funds appropriated to
the department for such purposes, and any voluntary contributions or other funds
made available to the department for such purposes for the implementation,
operation, and support of a school health and physical education program and
activities in support thereof, including, but not limited to, funding to support
a state health/physical education coordinator at the Department of Education and
providing funds to local school systems to expand and improve their health and
physical education programs. The State Board of Education is authorized to
promulgate rules to direct and administer the school health and physical
education program and to carry out this Code section.
(b)
The Department of Education shall submit a report to the Senate Education and
Youth Committee and the House Committee on Education detailing the receipts of
and expenditures from the fund. Such report shall be made not later than the
last day of August each
year."
SECTION
2.
Article
2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating
to registration and licensing of motor vehicles generally, is amended by adding
after Code Section 40-2-49.3 a new Code section to read as follows:
"40-2-49.4.
(a)
In order to promote and financially provide for school health and physical
education programs and educational activities directly in support thereof, there
shall be issued beginning January 1, 2007, special license plates promoting a
school health and physical education program as provided for in Code Section
20-2-324.
(b)
The Department of Education, in cooperation with the commissioner, shall design
special distinctive license plates appropriate to promote school health and
physical education programs. The school health and physical education program
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 school health and physical education program 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 State Board of Education. The State Board of Education 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 State Board of Education.
(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 fee of $25.00 in addition
to the regular motor vehicle registration fee, shall be issued a school health
and physical education program license plate. Revalidation decals shall be
issued for school health and physical education program license plates in the
same manner as provided for general issue license plates.
(e)
The funds derived from the sale of school health and physical education program
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 special fund for support of the school health and
physical education program 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 school health and physical education program license plates to
the Department of Education.
(f)
An applicant may request a school health and physical education program license
plate any time during the
applicant́s
registration period. If such a license plate is to replace a current valid
license plate, the school health and physical education program license plate
shall be issued with appropriate decals attached.
(g)
School health and physical education program license plates shall be transferred
from one vehicle to another vehicle in accordance with the provisions of Code
Section 40-2-42.
(h)
School health and physical education program license plates shall be issued
within 30 days of
application."
SECTION
3.
(a)
This Act shall become effective on January 1, 2007, except as otherwise provided
by subsection (b) of this section.
(b)
If an amendment to the Constitution of the State of Georgia authorizing the
creation of a special fund for support of a school health and physical education
program is not ratified at the general election in 2006, this Act shall be
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.