05 LC 34
0237
Senate
Bill 168
By:
Senators Rogers of the 21st, Johnson of the 1st, Stephens of the 27th, Seabaugh
of the 28th, Pearson of the 51st 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 special license plates bearing the
National Association for Stock Car Auto Racing (NASCAR) logo and promoting
specific drivers or general motorsports; to support the Governor´s Highway
Safety Program; to provide for issuance, renewal, fees, licensing agreements,
applications, transfers, and disposition of funds relative to such 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 adding a new Code Section 40-2-86.10, to read as
follows:
"40-2-86.10.
(a)
In order to promote the Governor´s Highway Safety Program, there shall be
issued beginning January 1, 2006, special license plates bearing the NASCAR logo
with a specific driver or general motorsports theme, subject to the conditions
set forth in this Code section.
(b)
The supplier of the plates, as designated by NASCAR, in consultation with the
commissioner shall design special distinctive license plates bearing the NASCAR
logo with a specific driver or general motorsports theme. The license plates
shall 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. Such design shall not provide space in which to indicate 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 any licenses or other
permissions that may be required to implement this Code section. The design of
the initial edition of the 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 calendar year 2006, 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
a license plate promoting NASCAR. Revalidation decals shall be issued for such
license plates in the same manner as provided for general issue license
plates.
(e)(1)
From the additional $25.00 fee charged for the issuance and renewal of the
license plates authorized under this Code section, $2.00 shall be used by the
department for manufacturing and purchase costs, $13.00 shall be paid to the
general fund of the state treasury, and $10.00 shall be exclusively dedicated
for the purpose of supporting the Governor´s Highway Safety Program. Such
dedicated funds shall be appropriated for such purpose to the Office of Highway
Safety in the Department of Public Safety or such other public agency as may be
specified in the general or amended general appropriations Act. The agency or
organization ultimately making use of such funds 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. Any audit performed under Chapter 6
of Title 50 shall meet this auditing requirement. If an audit demonstrates that
the funds are not being used for the purposes set forth in this Code section or
if the required audit or evidence is not provided to the commissioner, then the
commissioner shall so notify the appropriations committees of the Senate and the
House of Representatives. Any funds appropriated pursuant to this Code section
shall not lapse.
(2)
Subject to the general appropriations process, it is the intent of the General
Assembly in the enactment of this Code section that the funds dedicated by this
subsection be made available for the ultimate use of the Governor´s Highway
Safety Program.
(f)
An applicant may request a NASCAR license plate any time during the
applicant´s registration period. If such a license plate is to replace a
current valid license plate, the NASCAR license plate shall be issued with
appropriate decals attached.
(g)
No special license plate authorized pursuant to this Code section shall be
issued except upon the receipt of at least 1,000 applications. The special
license plate shall have an application period of two years after January 1,
2006, 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.
(h)
The department shall not be required to continue to provide the special license
plate if the number of active registrations falls below 500 registrations at any
time during the five-year period as 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 five-year period as
provided in subsection (b) of Code Section 40-2-31, production of the license
plates shall not be continued until the commissioner receives 1,000
applications.
(i)
NASCAR license plates shall be transferred from one vehicle to another vehicle
in accordance with the provisions of Code Section 40-2-80.
(j)
NASCAR license plates shall be issued within 30 days of application once the
requirements of this Code section have been
met."
SECTION
2.
This
Act shall become effective on January 1, 2006.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.