40-2-60.1
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40-2-60.1.
(a)
The General Assembly finds that during recent years prior to and including 2005
there have been proposed and enacted numerous laws providing for the issuance of
special license plates for certain persons and vehicles. The General Assembly
finds that there exists a need for a standardized administrative process to
provide for the authorization of issuance of such special license plates and
that the public interest will be best served by such a standardized
administrative process. While recognizing that the legislature may not abridge
its powers, the General Assembly declares that it is in the public interest of
this state for future proposals for special license plates to be governed by the
administrative process established by this Code section rather than by the
legislative process, except in any case where resulting revenue is to be
directed to any recipient other than the general fund of the state treasury in
which instance the legislative process shall be followed.
(b)(1)
The commissioner is authorized to adopt rules and regulations for the issuance
of special license plates for groups of individuals and vehicles. Such rules and
regulations shall provide that no such special license plate shall be issued
except upon the application of at least 1,000 persons. The rules and regulations
shall provide for the manner of such applications. The rules and regulations
shall provide that upon receipt of the requisite number of applications, a
special license plate may be issued as provided in this Code section. All
special license plates shall have an application period of two years after the
receipt of the initial application for the payment of the manufacturing fee.
After such time if the minimum number of applications is not met, the department
shall not be required to continue to accept the manufacturing fee for that
special license plate.
(2)
The department shall not be required to continue to manufacture any special
license plate when 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. Current registrants may continue to renew such special
license plate during their annual registration period. 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 organization
sponsoring the special license plate shall be required again to obtain 1,000
applications accompanied by the manufacturing fee.
(3)
The rules and regulations may provide for exceptions whereby a special plate
will not be issued if the issuance of the plate would adversely affect public
safety. The rules and regulations shall provide for the design and manufacture
of such special license plates and shall provide that such plates shall be
readily recognizable as Georgia license plates through the adoption of a
standard design containing a smaller space for the insertion of an appropriate
logo or graphic identifying the special nature of the license plate. The logo or
graphic shall be no larger than three inches by three inches and shall be placed
to the left of the alphanumeric characters. The department shall not utilize any
graphic that is copyrighted unless a sponsoring organization has secured for the
state the authority to utilize the copyrighted design at no cost to the state
and the sponsoring organization has agreed to hold the state harmless against
any related claim of copyright violation or infringement. Subject to the
foregoing provisions of this paragraph, the design of each special license plate
shall be in the discretion of the commissioner.
(c)
Any resident motor vehicle owner desiring a special license plate provided for
in this Code section shall submit to the commissioner a completed application
form for such plate with a $25.00 manufacturing fee in addition to the regular
motor vehicle registration fee. Upon complying with the motor vehicle
registration and licensing laws and the rules and regulations authorized in this
Code section, a resident motor vehicle owner shall be issued a special license
plate if the issuance of such plate is otherwise authorized under this Code
section.
(d)
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 shall
be remitted to the state as provided in Code Section 40-2-34. Special license
plates issued under this Code section may be transferred between vehicles as
provided in Code Section 40-2-80.
(e)
The commissioner shall have the discretion to apply the provisions of this Code
section to any special license plate provided for by any other law in existence
on or becoming effective on January 1, 2006.