10 LC
35 1561
Senate
Bill 297 - Prefile
By:
Senator Seay of the 34th
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 plates for persons with disabilities, so as to require
submission of an updated affidavit by a practitioner of the healing arts; to
amend Code Section 40-2-74.1 of the Official Code of Georgia Annotated, relating
to special parking permits for persons with disabilities, so as to require
submission of an updated affidavit by a practitioner of the healing arts; to
amend Code Section 40-6-226 of the Official Code of Georgia Annotated, relating
to offenses and penalties for violation of certain provisions relating to
parking for persons with disabilities, so as to provide for a definition; to
provide for an effective date and applicability; 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 plates for persons with disabilities, is amended by adding a new
subsection as follows:
"(b.1)
A submission of proof of disability by affidavit, as required in subsections (a)
and (a.1) of this Code section, shall be valid for five years. Following the
expiration of the affidavit, a specially designated disabled person's metal
license plate shall only be renewed or replaced upon the submission of a new
updated affidavit of a practitioner of the healing arts stating that the person
continues to be a person with disabilities as defined in Code Section 40-6-221.
A revalidation decal shall not be issued for a specially designated disabled
person's metal license plate unless such person has complied with the
requirements of this subsection by submitting a valid affidavit to the
department."
SECTION
2.
Code
Section 40-2-74.1 of the Official Code of Georgia Annotated, relating to special
parking permits for persons with disabilities, is amended by revising subsection
(c) as follows:
"(c)
The department shall issue a permanent permit to any permanently disabled person
upon presentation of an affidavit of a licensed doctor of medicine, licensed
doctor of osteopathic medicine, licensed doctor of podiatric medicine, licensed
optometrist, or licensed chiropractor stating that such person is a permanently
disabled person. The affidavit shall further state the specific disability that
limits or impairs the person's ability to walk or that he or she is a person
with disabilities as specified in paragraph (5) of Code Section 40-6-221. The
department shall also issue a permanent permit to an institution which operates
vehicles used primarily for the transportation of individuals with disabilities
upon presentation of a certification from the institution regarding use of its
vehicles. The institution shall receive permits only for the number of vehicles
so used and shall affix the permits to the driver's side of the dashboards of
such vehicles. The permanent permit shall be predominantly blue in color and
shall show prominently on its face an expiration date four years from the date
it is issued. The expiration date shall be machine printed, not handwritten, in
boldface type of sufficient size to be legible when the permit is displayed on
the driver's side of the dashboard or hung from the rearview mirror.
A permanent
permit issued pursuant to this subsection shall not be renewed following the
expiration date of such permit without submission of a new updated affidavit of
a practitioner of the healing arts stating that the person continues to be a
person with disabilities as defined in Code Section 40-6-221. A permanent
permit to an institution shall be renewed following the expiration date only
upon presentation of an updated certification from the institution regarding use
of its vehicles."
SECTION
3.
Code
Section 40-6-226 of the Official Code of Georgia Annotated, relating to offenses
and penalties for violation of certain provisions relating to parking for
persons with disabilities, is amended by redesignating subsections (a) through
(h) as subsections (b) through (k) and adding a new subsection (a) as
follows:
"(a)
For purposes of this Code section, the term 'displayed' shall mean that the
expiration date of a parking permit is clearly visible from the vehicle's front
windshield."
SECTION
4.
This
Act shall become effective on July 1, 2010, and shall apply to offenses
committed on or after such date.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.