HB 435 - Special license plates; decals; certain handicapped persons

First Reader Summary

A BILL to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige or special license plates, so as to provide for a special decal for persons with disabilities which may be affixed to any prestige or special license plate; and for other purposes.

Stancil, Steve (16th) Pinholster, Garland (15th) Perry, Tim (11th)
Reichert, Robert A. B. (126th) Tolbert, Scott (25th)
Status Summary HC: MotV SC: LA: 02/07/97 H - Read 2nd Time
Page Numbers - 1/ 2/ 3
Code Sections - 40-2-74.1
House Action Senate
2/6/97 Read 1st Time
2/7/97 Read 2nd Time

HB 435                                             LC 18 7930 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 3 of Chapter 2 of Title 40 of the Official 
  1- 2  Code of Georgia Annotated, relating to prestige or special 
  1- 3  license plates, so as to provide for a special decal for 
  1- 4  persons with disabilities which may be affixed to any 
  1- 5  prestige or special license plate; to provide for conditions 
  1- 6  and limitations; to provide for powers, duties, and 
  1- 7  authority of the state revenue commissioner; to provide an 
  1- 8  effective date; to repeal conflicting laws; and for other 
  1- 9  purposes. 
 
  1-10       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-11                           SECTION 1. 
 
  1-12  Article 3 of Chapter 2 of Title 40 of the Official Code of 
  1-13  Georgia Annotated, relating to prestige or special license 
  1-14  plates, is amended by adding a new Code section immediately 
  1-15  following Code Section 40-2-74, to be designated Code 
  1-16  Section 40-2-74.1, to read as follows: 
 
  1-17    "40-2-74.1. 
 
  1-18    (a) Any motor vehicle owner who is a resident of Georgia, 
  1-19    upon complying with the motor vehicle laws relating to 
  1-20    registration, licensing, and payment of fees and upon 
  1-21    submitting satisfactory proof to the commissioner or one 
  1-22    of his or her agents that he or she has permanently lost 
  1-23    the use of a leg or both legs, or an arm or both arms, or 
  1-24    any combination thereof, or is so severely disabled as to 
  1-25    be unable to move without the aid of crutches or a 
  1-26    wheelchair shall be issued a specially designated disabled 
  1-27    person's license decal from the commissioner. For purposes 
  1-28    of this subsection, presentation of an identification card 
  1-29    for persons with disabilities issued pursuant to Article 8 
  1-30    of Chapter 5 of this title shall constitute proof of 
  1-31    disability. 
 
  1-32    (b) A hearing impaired person otherwise qualified under 
  1-33    this subsection shall be eligible to have issued to him or 
  1-34    her a specially designated disabled person's license decal 
 
 
                                 -1- 
 
 
 
  2- 1    in accordance with this Code section.  As used in this 
  2- 2    Code section, 'hearing impaired person' shall have the 
  2- 3    same meaning as defined in Code Section 24-9-101, except 
  2- 4    that the term 'hearing impaired person' shall not include 
  2- 5    any person who is not qualified for a driver's license 
  2- 6    pursuant to Code Section 40-5-35, relating to reports by 
  2- 7    physicians and vision specialists in connection with the 
  2- 8    issuance or revocation of drivers' licenses, as now or 
  2- 9    hereafter amended.  For purposes of this subsection, 
  2-10    presentation of an identification card for persons with 
  2-11    disabilities issued pursuant to Article 8 of Chapter 5 of 
  2-12    this title shall constitute proof of hearing impairment. 
 
  2-13    (c) Upon complying with the motor vehicle laws relating to 
  2-14    registration, licensing, and payment of fees and upon 
  2-15    submission of satisfactory proof of disability as provided 
  2-16    in subsection (a) of this Code section: 
 
  2-17      (1) Any resident person who is the joint owner of a 
  2-18      motor vehicle with a disabled person as prescribed in 
  2-19      this Code section shall be authorized to obtain such 
  2-20      specialized decals for such jointly owned vehicle; and 
 
  2-21      (2) Any resident motor vehicle owner who is the spouse, 
  2-22      parent, or legal guardian of a person who is disabled as 
  2-23      prescribed in this Code section shall be authorized to 
  2-24      obtain such specialized decals for such vehicle. 
 
  2-25    Upon the death of the disabled person or if the joint 
  2-26    ownership of such vehicle ceases for any reason, the 
  2-27    specialized license decal shall be canceled and the owner 
  2-28    of such motor vehicle shall be issued a regular license 
  2-29    decal for such vehicle. 
 
  2-30    (d) The commissioner is directed to furnish such license 
  2-31    decals as provided for in this Code section, which shall 
  2-32    bear the official international wheelchair symbol or a 
  2-33    reasonable facsimile thereof or such other symbols as the 
  2-34    commissioner may deem appropriate.  Such decal shall be 
  2-35    affixed in such location as shall be designated by the 
  2-36    commissioner on the license plate without obscuring any 
  2-37    letter, number, or other information required to be 
  2-38    present on the plate. 
 
  2-39    (e) The commissioner may begin issuing disabled persons' 
  2-40    license decals with the year 1998. Any license decal 
  2-41    issued pursuant to the provisions of this Code section may 
  2-42    be transferred to another vehicle as provided in Code 
  2-43    Section 40-2-80 if such plate is transferred. 
 
 
                                 -2- 
 
 
 
  3- 1    (f) Any person who is not a disabled person as prescribed 
  3- 2    in this Code section or a person otherwise entitled to 
  3- 3    obtain such special license decals and who willfully and 
  3- 4    falsely represents himself or herself as having the 
  3- 5    qualifications to obtain the special decals prescribed by 
  3- 6    this Code section shall be guilty of a misdemeanor. 
 
  3- 7    (g) Any person owning a vehicle bearing the special decals 
  3- 8    and not entitled to do so under this Code section shall be 
  3- 9    guilty of a misdemeanor." 
 
  3-10                           SECTION 2. 
 
  3-11  This Act shall become effective upon its approval by the 
  3-12  Governor or upon its becoming law without such approval. 
 
  3-13                           SECTION 3. 
 
  3-14  All laws and parts of laws in conflict with this Act are 
  3-15  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -3- 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98