sr1074_As_introduced_LC_37_0686_2.html
08 LC 37 0686
Senate Resolution 1074
By: Senator Chance of the 16th

A RESOLUTION


Proposing an amendment to the Constitution so as to authorize the General Assembly to provide for additional penalties or fees for offenses involving illegal parking in parking spaces reserved for persons with disabilities, occupying a passenger vehicle without using a safety belt, operating a motorcycle without protective headgear, operating a boat or other watercraft while under the influence of alcohol or drugs, and reckless driving; to provide that the General Assembly is authorized to allocate such additional penalties or fees to the Brain and Spinal Injury Trust Fund; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article III, Section IX, Paragraph VI of the Constitution is amended by revising subparagraph (k) as follows:
"(k) The General Assembly is authorized to provide by general law for additional penalties or fees in any case in any court in this state in which a person is adjudged guilty of an offense involving driving under the influence of alcohol or drugs; operating any type of boat, vessel, or other watercraft under the influence of alcohol or drugs; reckless driving; operating a motorcycle without protective headgear; occupying a passenger vehicle without using a safety belt; or illegally parking in a space reserved for persons with disabilities. The General Assembly is authorized to provide by general law for the allocation of such additional penalties or fees to the Brain and Spinal Injury Trust Fund, as provided by law, for the specified purpose of meeting any and all costs, or any portion of the costs, of providing care and rehabilitative services to citizens of the state who have survived neurotrauma with head or spinal cord injuries. Moneys appropriated for such purposes shall not lapse. The General Assembly may provide by general law for the administration of such fund by such authority as the General Assembly shall determine."

SECTION 3.
The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"(  )  YES

(  )  NO

Shall the Constitution of Georgia be amended so as to authorize the General Assembly to provide for additional penalties or fees for offenses involving operating any type of boat or other watercraft under the influence of alcohol or drugs, reckless driving, operating a motorcycle without protective headgear, occupying a passenger vehicle without using a safety belt, or illegally parking in a space reserved for handicapped persons and to provide for the allocation of such additional penalties or fees to the Brain and Spinal Injury Trust Fund?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.