|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.
Page Numbers -
||Read 1st Time
||Read 2nd Time
HB 435 LC 18 7930
A BILL TO BE ENTITLED
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:
1-18 (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
1-32 (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
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.
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
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98