06 LC 34
0586
Senate
Bill 523
By:
Senators Grant of the 25th, Seabaugh of the 28th, Douglas of the 17th, Schaefer
of the 50th, Harp of the 29th and others
AS
PASSED SENATE
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 honoring the
family members of service members who have been killed in action; to provide for
issuance, renewal, fees, licensing agreements, applications, and transfers
relative to such special license plates; 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 40-2-86.18 to read as
follows:
"40-2-86.18.
(a)
There shall be issued beginning July 1, 2007, special license plates honoring
the family members of service members who have been killed in action while
serving in the armed forces of the United States. The license plate shall be
officially designated as the Gold Star license plate.
(b)
The commissioner, in cooperation with supporters of this license plate, shall
design a special license plate for the family members of service members who
have been killed in action while serving in the armed forces of the United
States. 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. The license plate
shall bear in a conspicuous place a gold star with blue fringe on a white
background with a red border. This is the symbol for a fallen service member.
In the indented area normally used for the county of residence decal the words
'Gold Star Family' shall be displayed. 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 subsections (a) and (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 license
or other permission as may be required to implement this Code section. The
design of the initial edition of such 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)
On and after January 1, 2007, any motor vehicle owner who is a resident of
Georgia, other than one registering under the International Registration Plan,
upon complying with state laws relating to registration and licensing of motor
vehicles shall be issued such a special license plate upon application therefor.
Special license plates issued under this Code section shall be renewed annually
with a revalidation decal as provided in Code Section 40-2-31. One Gold Star
license plate per eligible family member is free, after payment of all ad
valorem taxes and other fees due at registration of a motor vehicle. In order
to qualify as a family member, the person must be directly related to the fallen
service member as their spouse, legal mother or father, sibling related by blood
or legal adoption, or stepparent who is currently married to the mother or
father of the fallen service member. In the event an eligible family member is
less than 21 years of age, one additional license plate may be issued to the
parent of the family member, if the family member less than 21 years of age is
operating a motor vehicle titled in the name of the parent. If a Gold Star
license plate is lost, damaged, or stolen, the eligible family member must pay
the reasonable cost, to be established by the department, but not to exceed the
cost of other specialty license plates, to replace the Gold Star license
plate.
(e)
Whether a service member is deemed to have been killed in action shall be
determined by the classification of death as listed by the United States
Department of Defense and may be verified from documentation directly from the
Department of Defense or from its subordinate agencies such as the Coast Guard,
Reserve, or National Guard. A classification of killed in action by the
Department of Defense shall be prima facie evidence that the service member was
killed in action. Documentation of the fact that the service member was killed
in action and proof of relationship to the service member shall be required by
the county tag agent before issuing a Gold Star license plate. The county tag
agent may waive the documentation if he or she has actual knowledge of the
family relationship and that the service member was killed in
action.
(f)
The Gold Star license plate shall be issued only to family members of service
members that resided in Georgia at the time of the death of the service
member.
(g)
Renewal decals shall be issued at no cost to the eligible family member upon the
payment of ad valorem taxes and other registration fees, provided that the
renewal is applied for on or within 30 days prior to the renewal date of the
eligible family member. If the eligible family member fails to renew within the
foregoing time, he or she shall pay a standard renewal fee and be subject to the
standard penalties for late payment of ad valorem taxes due on the motor
vehicle.
(h)
An eligible family member may request a Gold Star license plate at any time
during his or her registration period. If such a license plate is to replace a
current valid license plate, the license plate shall be issued with appropriate
renewal decals attached.
(i)
License plates issued pursuant to this Code section shall not be transferred
between vehicles as provided in Code Section 40-2-42, unless the transfer is to
another motor vehicle owned by the eligible family member.
(j)
Gold Star license plates shall be issued within 30 days of
application."
SECTION
2.
This
Act shall become effective on January 1, 2007.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.