08 SB517/FA/1
Senate
Bill 517
By:
Senator Hill of the 32nd
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 40-2-74 of the Official Code of Georgia Annotated, relating
to special license plate for persons with disability, so as to provide for the
issuance of special license plates for persons with disabilities to certain
businesses for business vehicles used by disabled employees of such businesses;
to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 40-2-74 of the Official Code of Georgia Annotated, relating to special
license plate for persons with disability, is amended by adding a new subsection
to read as follows:
"(a.1)
Any business registered in Georgia that is a sole proprietorship, a Subchapter
'S' Corporation under Subchapter S of Chapter 1 of the Internal Revenue Code, or
a single principal limited liability corporation or limited liability
partnership which assigns or makes available a passenger motor vehicle for the
use of an employee of such business, upon complying with the motor vehicle laws
relating to registration, licensing, and payment of fees and upon submitting an
affidavit of a practitioner of the healing arts stating that such employee is a
person with disabilities, as defined in paragraph (5) of Code Section 40-6-221,
whose disability or incapacity can be expected to last for more than 180 days
and stating the specific disability that limits or impairs the ability to walk,
shall be issued a specially designated disabled person´s license plate from
the commissioner. The affidavit shall also state that such business vehicle
shall be used only or primarily by such disabled employee. If employee leaves
the employment of the company then the plate must be surrendered within 60 days
to the commissioner. In the event that an employee or other person that is not
a disabled person uses a business vehicle which has been issued a special plate
pursuant to this subsection, he or she shall not avail himself or herself of the
privileges afforded under this title to a disabled person with a special plate.
Any person who is not a disabled person as prescribed by this Code section and
who willfully and falsely avails himself or herself of the privileges afforded
to such special plate under this title shall be guilty of a misdemeanor. Any
business to which one or more special plates are issued pursuant to this
subsection which is determined by the commissioner to have repeated violations
of this subsection by an employee or employees or other person or persons that
are not disabled person as prescribed by this Code section shall be subject to
revocation of such special plate or plates."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.