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| Georgia General Assembly |
HB259.html
House Bill
259
By: Representatives Powell of the 23rd
and Parham of the 122nd
A BILL TO BE
ENTITLED
AN ACT
To amend Chapter 2 of Title 40 of the Official Code of
Georgia Annotated, relating to registration and licensing of vehicles, so as to
provide for a special license plate promoting waterfowl conservation and
recognizing Ducks Unlimited; to provide for purposes, design, applications,
fees, issuance, revenues, renewals, and transfers; to change certain
provisions relating to space for county name decal; to provide for related
matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Chapter 2 of Title 40 of the Official Code of Georgia
Annotated, relating to registration and licensing of vehicles, is amended by
adding a new Code Section 40-2-86.6 to read as
follows:
"40-2-86.6.
(a)
In order to promote and financially provide for conservation, restoration, and
enhancement of waterfowl populations and the habitats upon which they depend by
the Wildlife Resources Division of the Georgia Department of Natural Resources,
there shall be issued beginning January 1, 2002, special license plates
recognizing Ducks Unlimited of Georgia.
(b) The
commissioner shall design a special distinctive license plate appropriate for
the purposes provided by this Code section. Such special license plate shall be
of the same size as general issue motor vehicle license plates and shall include
a unique design and an identifying number of not more than six digits. No two
recipients shall receive identically numbered plates. Such design shall not
include a space for a county name decal but shall instead bear the legend 'Ducks
Unlimited' in lieu of 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 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, 2002, 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 not more than $25.00 in addition
to the regular motor vehicle registration fee, shall be issued a special license
plate under this Code section in lieu of a general issue license plate. Any
application for such special license plate shall be submitted during the
owner´s
registration period, and such special license plate shall be issued within 30
days of such application. Revalidation decals shall, upon payment of fees
required by law and collected by the county tag agent and remitted to the state
as provided in Code Section 40-2-34, be issued for such special license plates
in the same manner as provided for general issue license plates.
(e) The funds derived from the sale of such special
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 general fund of the state treasury. As soon as
practicable after the end of each fiscal year, the commissioner shall report the
net amount derived from the sale of such special license plates to the Office of
Planning and Budget and the Department of Natural Resources. It is the intent of
the General Assembly that, subject to appropriation, an amount equal to the net
proceeds derived from the sale of such license plates in any fiscal year shall
be made available during the following fiscal year to supplement waterfowl
restoration programs of the Wildlife Resources Division of the Department of
Natural Resources. Such programs may include the creation or rehabilitation of
waterfowl habitat areas on state managed wildlife lands, education programs,
technical assistance to private landowners in the creation and maintenance of
waterfowl habitats on their lands, and projects to encourage public support for
the license plate and the activities it funds. The Department of Natural
Resources shall monitor the response of the waterfowl populations to any such
habitat conservation activities to determine their effectiveness.
(f) Special license plates issued under this Code
section shall be transferred from one vehicle to another vehicle in accordance
with the provisions of Code Section 40-2-80.
(g) The
Department of Natural Resources shall submit a report to the chairpersons of the
Senate Natural Resources Committee and the House Committee on Game, Fish and
Parks detailing the revenues derived from the sale of special license plates
issued under this Code section and the receipt and expenditure of any funds
appropriated for the purposes provided by this Code section. Such report shall
be made not later than the second Monday of January of each
year."
SECTION 2.
Said chapter is further amended by striking Code Section
40-2-81, relating to space for county name decal, and inserting in lieu thereof
the
following:
"40-2-81
40-2-9.
(a) Except as provided in
subsection (b) of this Code section, any Any metal five-year
special, distinctive, or prestige license plate, except those provided for in
Code Section 40-2-61, Code Section 40-2-62, and Code Section 40-2-82 or as
otherwise expressly provided in this chapter, issued or reissued as
authorized in this article from and after July 1, 1985, shall contain a
space for a county name decal; and the provisions of this chapter relative to
county name decals shall be applicable to all such license plates.
(b) The requirements of subsection (a) of
this Code section shall apply to the following on or after January 1,
1990:
(1) License plates provided for
in Code Section 40-2-38;
(2) License
plates provided for in Code Sections 40-2-63 through 40-2-77;
or
(3) License plates issued to
school buses, ambulances, or forest products
haulers."
SECTION 3.
Said chapter is further amended by reserving the designation
of Code Section 40-2-81.
SECTION 4.
All laws and parts of laws in conflict with this Act are
repealed.