06 LC 34
0473
Senate
Bill 370
By:
Senators Goggans of the 7th, Kemp of the 46th, Bulloch of the 11th, Tolleson of
the 20th, Unterman of the 45th and others
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 a special license plate promoting
agriculture in Georgia; to provide for issuance, renewal, fees, licensing
agreements, applications, donation of revenue, and transfers relative to such
special 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
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 40-2-86.18 to read as
follows:
∀40-2-86.18.
(a)
There shall be issued beginning July 1, 2007, special license plates promoting
agriculture in Georgia and recognizing the tremendous impact agriculture has on
the economy and culture of the State of Georgia, subject to the conditions set
forth in this Code section.
(b)
The commissioner, in cooperation with representatives from the agriculture
community in Georgia, shall design special distinctive license plates
appropriate to promote agriculture in Georgia. The 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.
(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 agriculture 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.
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 in July, 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 issued
an agriculture license plate. Revalidation decals shall be issued for the
agriculture license plates in the same manner as provided for general issue
license plates.
(e)
The manufacturing fee derived from the sale of agriculture license plates shall
be apportioned as follows: $2.00 to the department, $13.00 to be deposited into
the general fund, and $10.00 to be split between the 4-H Club and the Future
Farmers of America (FFA) as provided by Article III, Section IX, Paragraph VI(n)
of the Constitution. The private recipients of these funds shall use the funds
as grants to fund projects promoting agriculture in Georgia.
(f)
Before the department disburses to the 4-H Club or FFA funds from the sale of
special license plates, the recipients must provide a written statement stating
the manner in which such funds shall be utilized. The purposes for which the
funds shall be utilized must be the same as those specified in the
constitutional amendment authorizing the dedication to the recipients of revenue
from the sale of special license plates. The recipients 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 demonstrated
that the funds are not being used for the purposes set forth in the statement
provided by the recipients, the department shall withhold payment of such funds
until such noncompliance issues are resolved.
(g)
An applicant may request an agriculture license plate any time during the
applicant́s
registration period. If such a license plate is to replace a current valid
license plate, the agriculture license plate shall be issued with appropriate
decals attached.
(h)
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
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 period 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 period provided in
subsection (b) of Code Section 40-2-31, its supporters shall be required again
to obtain 1,000 applications accompanied by the manufacturing fee to continue
the manufacture of the special license plate.
(j)
Agriculture license plates shall be transferred from one vehicle to another
vehicle in accordance with the provisions of Code Section 40-2-80.
(k)
Agriculture license plates shall be issued within 30 days of application once
the requirements of this Code section have been
met.∀
SECTION
2.
(a)
This Act shall become effective on January 1, 2007, except as otherwise provided
in subsection (b) of this section.
(b)
If an amendment to the Constitution of the State of Georgia authorizing the
donation of revenue from sales of special license plates to the 4-H Club and
Future Farmers of America 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
3.
All
laws and parts of laws in conflict with this Act are
repealed.