hb921.html
05 LC 19 6641
House Bill 921
By: Representatives Ralston of the 7th and Oliver of the 83rd

A BILL TO BE ENTITLED
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 supporting certain pediatric cancer related programs for the medically indigent; to dedicate revenue derived from the sale of such special license plates to the Indigent Care Trust Fund as authorized by Article III, Section IX, Paragraph VI(i) of the Constitution; to provide 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 40-2-86.10 to read as follows:
"40-2-86.10.
(a) In order to raise awareness of pediatric cancer and to raise funds to support the treatment of pediatric cancer, it is appropriate that, subject to the provisions of this Code section, there shall be issued beginning in 2006 special license plates to support pediatric cancer related programs for the medically indigent.
(b) The commissioner shall prepare a special distinctive license plate of a design which shall include an appropriate logo and bear the slogan 'Cure Kids Cancer.' Such special license plate shall be of the same size and general design as general issue motor vehicle license plates. Such plates shall include a unique identifying number not exceeding six characters, provided that no two recipients receive identical plates. It shall not be a requirement that a county name decal be affixed and displayed on license plates issued under this Code section.
(c) Subject to subsection (d) of this Code section, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and payment of a fee of $25.00 in addition to the regular motor vehicle registration fee, shall be issued such a special license plate upon application therefor.
(d) 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 pediatric cancer 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, may 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.
(e)(1) 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 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.
(2) License plates issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80.
(f)(1) The funds derived from the sale of the special license plates provided by this Code section, less a $1.00 processing fee which shall be granted to county tag offices per plate sold and less the actual cost of manufacturing such plates, shall be deposited in the Indigent Care Trust Fund created by Code Section 31-8-152 to fund pediatric cancer screening and treatment related programs for those children who are medically indigent and may have cancer. To the extent consistent with Article III, Section IX, Paragraph VI(i) of the Constitution and Article 6 of Chapter 8 of Title 31, such programs may include education, pediatric cancer screening, grants-in-aid to pediatric cancer victims, pharmacy assistance programs for pediatric cancer victims, and other projects to encourage public support for the special license plate and the activities which it funds.
(2) As soon as practicable after the end of each month, the commissioner shall report the net amount derived from the sale of such license plates, not including actual manufacturing costs, to the Office of Planning and Budget and the Department of Community Health.
(3) The Department of Community Health shall monitor the response of such pediatric cancer programs to determine their effectiveness."

SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.