05 LC 34
0369
House
Bill 796
By:
Representatives Jackson of the
161st,
Sims of the
169th,
and Watson of the
91st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia
Annotated, relating to special license plates for certain persons and vehicles,
so as to allow issuance of two free license plates or revalidation decals to
disabled veterans; to provide for related matters; to provide an effective date;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating
to special license plates for certain persons and vehicles, is amended by
striking Code Section 40-2-69, relating to free license plates and revalidation
decals for certain disabled veterans, and inserting in its place the
following:
"40-2-69.
(a)
Any veteran who was discharged under honorable conditions and who served on
active duty in the armed forces of the United States or on active duty in a
reserve component of the United States, including the National Guard, shall,
upon application therefor, be issued
a
two
free motor vehicle license plate upon presentation of proof that such veteran is
receiving or that he or she is entitled to receive a statutory award from the
United States Department of Veterans Affairs for:
(1)
Loss or permanent loss of use of one or both feet;
(2)
Loss or permanent loss of use of one or both hands;
(3)
Loss of sight in one or both eyes; or
(4)
Permanent impairment of vision of both eyes of the following status: central
visual acuity of 20/200 or less in the better eye, with corrective glasses, or
central visual acuity of more than 20/200 if there is a field defect in which
the peripheral field has contracted to such an extent that the widest diameter
of visual field subtends on angular distance no greater than 20 degrees in the
better eye.
(b)
Any veteran who was discharged under honorable conditions and who has been
adjudicated by the United States Department of Veterans Affairs as being 100
percent totally disabled and entitled to receive service connected benefits
shall, upon application therefor, be issued
a
two
free motor vehicle license plate upon presentation of proof that he or she is
receiving or that he or she is entitled to receive benefits for a 100 percent
service connected disability, as long as he or she is 100 percent disabled. A
veteran who claims that such 100 percent total disability is permanent shall
furnish proof of such permanent disability through a letter from the United
States Department of Veterans Affairs.
(c)(1)
Once a veteran has established his or her eligibility to receive
two
free motor vehicle license plates as a result of being permanently disabled, he
or she shall be entitled to receive
two
free plates or
two
free revalidation decals in succeeding years on any automobile, private
passenger pickup truck, motorcycle, station wagon, or van type vehicle of
three-quarter tons or less that he or she may own or jointly with his or her
spouse own or acquire in the future.
(2)
Once a veteran has established his or her eligibility to receive
two
free motor vehicle license plates as a result of having a 100 percent total
disability which has not been determined to be a permanent disability, he or she
shall be entitled to receive
two
free plates or
two
free revalidation decals in succeeding years upon furnishing, on an annual
basis, proof of such 100 percent disability through a letter from the United
States Department of Veterans Affairs. Such free plates or free revalidation
decals shall apply to any automobile, private passenger pickup truck,
motorcycle, station wagon, or van type vehicle of three-quarter tons or less
that he or she may own or jointly with his or her spouse own or acquire in the
future.
(3)(A)
Two
free
license plates or revalidation decals each year shall be furnished for vehicles
other than motorcycles to veterans qualifying under this Code section unless the
originals are lost. Such plates shall be fastened to
both the
front and the rear of the
vehicle
vehicles.
(B)
One license plate or revalidation decal each year shall be furnished for
motorcycles to veterans qualifying under this Code section unless the original
is lost. Such plate shall be fastened to the rear of the
vehicle."
SECTION
2.
Said
article is further amended by striking Code Section 40-2-70, relating to special
license plates for disabled veterans not qualifying under Code Section 40-2-69,
and inserting in its place the following:
"40-2-70.
Any
citizen and resident of the State of Georgia who has been discharged from the
armed forces under conditions other than dishonorable, who is disabled to any
degree specified and enumerated in Code Section 40-2-69, and who is the owner of
a private passenger motor vehicle, but who cannot qualify under Code Section
40-2-69, shall be entitled to a special and distinctive automobile license
plate. Such license plate shall be transferred to another vehicle acquired by
such veteran or jointly by such veteran and his or her spouse as provided in
Code Section 40-2-80. Such veteran shall be entitled to such plate regardless
of whether he or she is suffering from a service connected or nonservice
connected disability. Such veteran must apply for such license plate and, upon
compliance with the state motor vehicle laws for licensing of motor vehicles and
payment of the regular license fee for plates as prescribed under Article 7 of
this chapter, such veteran shall be issued similar license plates as prescribed
in Code Section 40-2-71 for private passenger cars. There shall be no charge
for the additional plate
or
plates issued such veteran under this Code
section. If a veteran has not been certified as disabled by the United States
Department of Veterans Affairs, such veteran may submit to the Department of
Veterans Service such
veterańs
discharge papers and a certified statement from a physician, licensed under
Chapter 34 of Title 43, certifying that in the opinion of such physician such
veteran is disabled to a degree enumerated in Code Section 40-2-69. If the
certificate from the physician indicates the qualifying disabilities which meet
the standards of the United States Department of Veterans Affairs, the
commissioner of veterans service shall submit a letter to the commissioner of
motor vehicle safety indicating that the veteran meets the requirements of this
Code section and qualifies for a special license plate as provided in this Code
section."
SECTION
3.
Said
article is further amended by striking Code Section 40-2-71, relating to the
design of special license plates for disabled veterans, and inserting in its
place the following:
"40-2-71.
(a)
The commissioner is directed to furnish the license plates provided for in Code
Sections 40-2-69 and 40-2-70. Such plates shall be printed in three colors:
red, white, and blue. The commissioner is authorized and directed to design the
license plate. Each plate shall contain, in bold characters, the name of the
state, or abbreviation thereof, the year, the serial number, and either the
words 'Disabled Veteran' or 'Disabled Vet.'
(b)
Such license plates so issued shall be transferred to another vehicle as
provided in Code Section 40-2-80.
(c)
No disabled veteran shall be entitled to own or operate more than
one
vehicle
two
vehicles with the free license plates
provided by Code Sections 40-2-69, 40-2-70, and this Code
section."
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.