07 LC 34
1245S
The
House Committee on Motor Vehicles offers the following substitute to SB
81:
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 specify that certain existing license plates
shall not be subject to the special tag renewal fee; to provide for new
revenue-sharing license plates; to provide for new nonrevenue-sharing 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 revising subsection (e) of Code Section 40-2-85.1, relating to
special and distinctive license plates for veterans, as follows:
"(e)
Special license plates issued under this Code section, except as provided in
subparagraph (a)(2)(A) of this Code section, shall be renewed annually with a
revalidation decal as provided in Code Section 40-2-31
upon
without
payment of an additional $25.00 annual registration fee
which fee
shall be collected by the county tag agent at the time of collection of other
registration fees and remitted to the state as provided in Code Section
40-2-34. It shall be a requirement that a
county name decal shall be affixed and displayed on license plates issued under
this Code section."
SECTION
2.
Said
article is further amended in Code Section 40-2-85.2, relating to special and
distinctive license plates for veterans of the Chosin Reservoir Campaign of
1950, by revising subsection (e) as follows:
"(e)
Special license plates issued under this Code section shall be renewed annually
with a revalidation decal, as provided in Code Section 40-2-31,
upon
without
payment of an additional $25.00 annual registration 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. Special license plates issued
under this Code section shall be transferred between vehicles as provided in
Code Section 40-2-80.
It shall be
a requirement that a county name decal shall be affixed and displayed on license
plates issued under this Code
section."
SECTION
3.
Said
article is further amended in Code Section 40-2-86.21, relating to special
license plates supporting beneficial projects, by revising subsections (a), (d),
(e), (g), (h), (i), and (m) as follows:
"(a)(1)
As used in this Code section, the term:
(A)
'Manufacturing fee' means a $25.00 fee paid at the time a metal special license
plate is issued.
(B)
'Special tag renewal fee' means a $25.00 fee paid at the time a revalidation
decal is issued for a special license plate.
(2)
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 dedicating 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 special license plates
listed in subsection
(n)(o)
of this Code section shall be issued by the department beginning on July 1,
2007, if all of the requirements of subsections (b) through (k) of this Code
section have been satisfied. The license plates listed in
subsection
(m)
subsections
(m) and (n) of this Code section shall
continue to be issued
as
so
long as they
continue
to meet the requirements of subsections
(b), (c), (f), (g), (i), (j), and (k) of this Code section."
"(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 the manufacturing fee and
the special tag renewal fee in addition to the regular motor vehicle
registration fee shall be able to apply for a special license plate listed in
subsection
(n)(o)
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 and the special tag renewal fee derived from the sale of
special license plates listed in subsection
(n)(o)
of this Code section shall be apportioned as follows: $1.00 to the county tag
agent, $2.00 to the department, $12.00 to be deposited into the general fund,
and $10.00 to be dedicated to the sponsoring agency, fund, or nonprofit
corporation as permitted by Article III, Section IX, Paragraph VI(n) of the
Constitution."
"(g)
An applicant may request a special license plate any time during the
applicant´s registration period. If such a license plate is to replace a
current valid license plate, the special license plate if issued under
subsection (m) of this Code section shall be issued with appropriate decals
attached upon payment of the manufacturing fee but without payment of the
special tag renewal fee. However, special license plates issued under
subsection
(n)
subsections
(n) and (o) of this Code section shall be
issued with appropriate decals attached upon payment of the manufacturing fee
and the special tag renewal fee.
(h)
No special license plate authorized pursuant to subsection
(n)(o)
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,
the date on
which the application period becomes
effective 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 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 the
special tag renewal fee,
if
applicable, 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."
"(m)(1)
The General Assembly has determined that the
following
existing special license plates supporting the agencies, funds, or nonprofit
corporations listed in this subsection shall continue to be issued for the
purposes indicated and that all of the funds raised from the manufacturing fee
and the
special tag renewal fee, less a $1.00 fee
to be paid to the county tag agent and a $2.00 manufacturing
or special
tag renewal fee to be paid to the
department, shall be disbursed to the agency, fund, or nonprofit corporation
indicated in this subsection.
The special
license plates listed in this subsection shall not be subject to a special tag
renewal fee.
(2)
A special
license plate promoting the United States Disabled Athletes Fund, for the
support of disabled athletes. The funds raised by the sale of this special
license plate shall be disbursed to the United States Disabled Athletes
Fund.
(3)
Special license plates promoting the Nongame-Endangered Wildlife Program of the
Georgia Department of Natural Resources. The funds raised by the sale of these
special license plates shall be disbursed to the Nongame Wildlife Conservation
and Wildlife Habitat Acquisition Fund of the Georgia Department of Natural
Resources for the purposes enumerated in subsection (b) of Code Section
12-3-602. Such license plates shall not include a space for a county name decal
but shall instead bear the legend 'Give Wildlife a Chance' in lieu of the name
of the county of issuance.
(4)
A special license plate commemorating Civil War battlefields and historic sites.
The funds raised by the sale of this special license plate shall be disbursed to
the Civil War Commission for the acquisition of Civil War battlefields and
associated Civil War historic sites in this state and for the maintenance,
protection, and interpretation of the same as provided by Ga. L. 1993, p.
1952.
(5)(3)
A special license plate promoting conservation and enhancement of trout
populations. The funds raised by the sale of this special license plate shall
be disbursed to the Wildlife Resources Division of the Department of Natural
Resources to supplement trout restoration and management programs.
(6)
A special license plate promoting historic preservation efforts. The funds
raised by the sale of this special license plate shall be disbursed 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.
(7)
A special license plate promoting bicycle safety. The funds raised by the sale
of this special license plate shall be disbursed to the Governor´s Highway
Safety Program administered by the Office of Highway Safety in the Department of
Public Safety.
(8)
A special license plate honoring families with a member serving in the military.
The funds raised by the sale of this special license plate shall be disbursed to
the Department of Veterans Service for use by the National Guard Foundation in
carrying out such programs and purposes as may be contractually agreed upon by
the department and the foundation.
(9)
A special license plate promoting 'Support Georgia Troops.' The funds raised by
the sale of this special license plate shall be disbursed to the Department of
Veterans Service for use by the National Guard Foundation in carrying out such
programs and purposes as may be contractually agreed upon by the department and
the foundation.
(10)
A special license plate promoting NASCAR. The provisions of paragraph (1) of
this subsection notwithstanding, from the additional $25.00 fee charged for the
issuance and renewal of the NASCAR license plates authorized under this
paragraph, $10.25 shall be used by the department for purchasing plates from the
supplier of the plates, as designated by NASCAR, and royalty costs, and $14.75
shall be disbursed to the Governor´s Highway Safety Program administered by
the Office of Highway Safety in the Department of Public Safety.
(11)(4)
A special license plate supporting the Bobwhite Quail Restoration Initiative.
The funds raised by the sale of this special license plate shall be disbursed to
the Wildlife Resources Division of the Department of Natural Resources to
conduct programs designed to enhance the bobwhite quail population in this
state. Such programs may include the creation of habitat demonstration areas on
state managed wildlife lands, education programs, technical assistance to
private landowners in the creation and maintenance of bobwhite quail habitats on
their lands, and projects to encourage public support for the license plate and
the activities it funds. The Department of Natural Resources may enter into
such contractual agreements as may be appropriate to further the objectives of
the Bobwhite Quail Restoration Initiative, including entering into contractual
agreements whereby private landowners, public agencies, or corporate entities
create, preserve, or enhance habitat for bobwhite quail in return for the
payment of incentives. Such license plate shall not include a space for a
county decal but shall instead bear the legend 'Support Wildlife' in lieu of the
name of the county of issuance.
(n)(1)
The General
Assembly has determined that the following special license plates supporting the
agencies, funds, or nonprofit corporations listed in this subsection shall be
issued for the purposes indicated and that all of the funds raised from the
manufacturing fee and the special tag renewal fee, less a $1.00 fee to be paid
to the county tag agent and a $2.00 manufacturing fee to be paid to the
department, shall be disbursed to the agency, fund, or nonprofit corporation
indicated in this subsection. The special license plates listed in this
subsection shall be subject to a special tag renewal fee.
(2)
A special license plate promoting the United States Disabled Athletes Fund, for
the support of disabled athletes. The funds raised by the sale of this special
license plate shall be disbursed to the United States Disabled Athletes
Fund.
(3)
A special license plate commemorating Civil War battlefields and historic sites.
The funds raised by the sale of this special license plate shall be disbursed to
the Civil War Commission for the acquisition of Civil War battlefields and
associated Civil War historic sites in this state and for the maintenance,
protection, and interpretation of the same as provided by Ga. L. 1993, p.
1952.
(4)
A special license plate promoting historic preservation efforts. The funds
raised by the sale of this special license plate shall be disbursed 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.
(5)
A special license plate promoting bicycle safety. The funds raised by the sale
of this special license plate shall be disbursed to the Governor´s Highway
Safety Program administered by the Office of Highway Safety in the Department of
Public Safety.
(6)
A special license plate honoring families with a member serving in the military.
The funds raised by the sale of this special license plate shall be disbursed to
the Department of Veterans Service for use by the National Guard Foundation in
carrying out such programs and purposes as may be contractually agreed upon by
the department and the foundation.
(7)
A special license plate promoting 'Support Georgia Troops.' The funds raised by
the sale of this special license plate shall be disbursed to the Department of
Veterans Service for use by the National Guard Foundation in carrying out such
programs and purposes as may be contractually agreed upon by the department and
the foundation.
(8)
A special license plate promoting NASCAR. The provisions of paragraph (1) of
this subsection notwithstanding, from the additional $25.00 fee charged for the
issuance and renewal of the NASCAR license plates authorized under this
paragraph, $10.25 shall be used by the department for purchasing plates from the
supplier of the plates, as designated by NASCAR, and royalty costs, and $14.75
shall be disbursed to the Governor´s Highway Safety Program administered by
the Office of Highway Safety in the Department of Public
Safety."
SECTION
4.
Said
article is further amended in said Code section by redesignating existing
subsection (n) as subsection (o).
SECTION
5.
Said
article is further amended in said Code section by revising paragraph (15) of
and adding paragraphs to subsection (o), as redesignated in Section 2 of this
Act, as follows:
"(15)
A special license plate for pediatric cancer research. The funds raised by the
sale of this special license plate shall be disbursed to the Joanna McAfee
Childhood Cancer Foundation for support of pediatric cancer research.
The design of
the special license plate provided for in this paragraph shall include the words
'Joanna McAfee Childhood Cancer Foundation' horizontally across the bottom of
the plate in lieu of the county
name."
"(32)
A special license plate promoting the arts in Georgia. The funds raised by the
sale of this special license plate shall be disbursed to the Georgia Council for
the Arts.
(33)
A special license plate supporting programs for the treatment of autism. The
funds raised by the sale of this special license plate shall be disbursed to the
Department of Human Resources for the support of programs for the treatment of
autism in Georgia.
(34)
A special license plate honoring the work of The Garden Club of Georgia, Inc.
The funds raised by the sale of this special license plate shall be disbursed to
The Garden Club of Georgia, Inc., and used to fund scholarships that are awarded
by the club.
(35)
A special license plate promoting the Georgia Junior Golf Foundation. The funds
raised by the sale of this special license plate shall be disbursed to the
Georgia Junior Golf Foundation.
(36)
A special license plate commemorating 100 years of scouting in the United
States. The funds raised by the sale of this special license plate shall be
disbursed to the Boy Scouts of America for the development of scouting
programs.
(37)
A special license plate supporting Cobb County Public Schools. The funds raised
by the sale of this special license plate shall be disbursed to the Cobb County
Public Schools Educational Foundation and used to fund educational programs,
grants to teachers, and scholarships in the Cobb County Public School
System."
SECTION
6.
Said
article is further amended in Code Section 40-2-86.22, relating to special
license plates that send proceeds to the general fund, by adding a new paragraph
(5) to subsection (l) as follows:
"(5)
A special license plate honoring Georgia municipal clerks. The municipal
clerk´s office provides the professional link connecting citizens with
their local governing bodies and agencies of government at other levels. The
funds raised by the sale of this license plate shall be deposited in the general
fund."
SECTION
7.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
8.
All
laws and parts of laws in conflict with this Act are repealed.