06 LC 34
0701S
The
House Committee on Motor Vehicles offers the following substitute to HB
710:
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 special license plates promoting
beneficial projects and supporting worthy agencies, funds, or nonprofit
corporations, as determined by the General Assembly; to provide for issuance,
renewal, fees, licensing agreements, applications, intent to appropriate
revenue, audits, and transfers relative to such special 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 adding a new Code section to read as follows:
"40-2-86.19.
(a)
The General Assembly has determined that the issuance of special license plates
to support an agency or fund or a program beneficial to the people of this state
that is administered by a nonprofit corporation organized under Section
501(c)(3) of Title 26 of the Internal Revenue Code and, subject to the
appropriation process of the General Assembly, appropriating a portion of the
funds raised from the sale of these special license plates is in the best
interests of the people of this state. Therefore, the license plates listed in
subsection (l) of this Code section shall be issued by the department beginning
on January 1, 2007, if all of the requirements of subsections (b) through (k) of
this Code section have been satisfied.
(b)
The commissioner, in cooperation with the agency, fund, or nonprofit corporation
sponsoring the special license plate, shall design special distinctive license
plates intended to promote the program benefited by the sale of the special
license plate. The special 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. The agency, fund, or
nonprofit corporation sponsoring the license plate 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 provisions of subsection (b) of this Code section, no
special license plate shall be produced 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 produce the special license plate. The design
of the initial edition of any special 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 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, 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 manufacturing fee of
$25.00 in addition to the regular motor vehicle registration fee shall be able
to apply for a special license plate listed in subsection (l) of this Code
section. Revalidation decals shall be issued for special license plates in the
same manner as provided for general issue license plates.
(e)
The manufacturing fee derived from the sale of special license plates shall be
deposited into the general fund. The sponsoring agency, fund, or nonprofit
corporation, subject to the appropriation process of the General Assembly, may
request that the funds derived from the sale of special license plates be
appropriated to the department for disbursement to such agency, fund, or
nonprofit corporation.
(f)
Before the department disburses to the agency, fund, or nonprofit corporation
funds from the sale of special license plates, the agency, fund, or nonprofit
corporation must provide a written statement stating the manner in which such
funds shall be utilized. In addition, a nonprofit corporation must provide the
department with documentation of its nonprofit status under Section 501(c)(3) of
Title 26 of the Internal Revenue Code. The purposes for which the funds shall
be utilized must be the same as those specified in subsection (l) of this Code
section authorizing the potential appropriation to the agency, fund, or
nonprofit corporation of revenue from the sale of special license plates. The
agency, fund, or nonprofit corporation 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 it is determined that the funds are
not being used for the purposes set forth in the statement provided by the
agency, fund, or nonprofit corporation, the department shall withhold payment of
such funds until such noncompliance issues are resolved.
(g)
An applicant may request a special license plate any time during the
applicant́s
registration period. If such a license plate is to replace a current valid
license plate, the special license plate shall be issued with appropriate decals
attached.
(h)
No special license plate authorized pursuant to subsection (l) of 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 January 1, 2007, 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.
(i)
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 provided for 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 period
provided for in subsection (b) of Code Section 40-2-31, the sponsoring agency,
fund, or nonprofit corporation shall be required again to obtain 1,000
applications accompanied by the manufacturing fee to continue to manufacture the
special license plate.
(j)
Special license plates shall be transferred from one vehicle to another vehicle
in accordance with the provisions of Code Section 40-2-80.
(k)
Special license plates shall be issued within 30 days of application once the
requirements of this Code section have been met.
(l)(1)
The General Assembly has determined that license plates promoting the agencies,
funds, or nonprofit corporations listed in this subsection shall be issued for
the purposes indicated and the revenue shall be deposited in the general fund,
subject to the appropriation process of the General Assembly.
(2)
A special license plate identifying persons with diabetes. The main purpose of
the special license plate is that law enforcement officers and emergency
personnel will be alerted to the potential for special needs before they
approach the driver of a vehicle, especially if the vehicle has been involved in
an accident. The funds raised by the sale of this special license plate shall
be deposited in the general fund.
(3)
A special license plate honoring all veterans who have served in the armed
services of the United States. All of these men and women have sacrificed a
portion of their lives in order to serve their country and protect our freedom.
The funds raised by the sale of this special license plate shall be deposited in
the general fund.
(4)
A special license plate honoring the Georgia Association of Realtors. The
Association is being honored for its long-standing support of housing
opportunities for all citizens of this state, private property rights, and all
organizations that assist people in achieving the American dream of home
ownership. The funds raised by the sale of this special license plate shall be
deposited in the general
fund."
SECTION
2.
This
Act shall become effective on July 1, 2006.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.