sb392_Committee_sub_LC_25_4421S_4.html
06 LC 25 4421S

The Senate Natural Resources and the Environment Committee offered the following substitute to SB 392:

A BILL TO BE ENTITLED
AN ACT

To amend Part 1 of Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to parks, historic areas, memorials, and recreation, so as to change certain provisions relating to discounts for certified disabled veterans; to provide for waivers of certain fees for unremarried surviving spouses or children of certain deceased veterans; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Part 1 of Article 1 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to parks, historic areas, memorials, and recreation, is amended by striking Code Section 12-3-9.1, relating to discounts for certified disabled veterans, and inserting in lieu thereof the following:
"12-3-9.1.
(a) As used in this Code section, the term:
(.1) 'Deceased veteran' means any person who served as member of the armed forces of the United States for at least 180 days of federal active duty, was on duty in a combat zone at the time of his or her death after September 11, 2001, and was a resident of this state at the time of his or her death.
(1) 'Disabled veteran' means a veteran discharged under honorable conditions from any branch of the armed forces of the United States who has a physical disability which was incurred during the period of service in the armed forces and who is a resident of the State of Georgia.
(2) 'Fee' means the charge or fee established by the Board of Natural Resources for the use or occupancy of any state park, historic site, or recreational area and specifically includes, but is not limited to, entrance or admittance fees, rental fees for cabins or other overnight lodgings, rental fees for campsites, and fees for the use of golf courses or other recreational facilities.
(b)(1) Any disabled veteran may apply to the commissioner of veterans service for certification as a disabled veteran as defined by paragraph (1) of subsection (a) of this Code section. The commissioner of veterans service is authorized and directed to certify such applicants as disabled veterans and to issue to such applicants such proof of certification as the commissioner finds appropriate. The commissioner of veterans service may by rule or regulation require such documentation as may be necessary to certify disabled veterans as provided in this subsection paragraph.
(2) Any resident of this state who at the time of application is an unremarried surviving spouse or child under 21 years of age of a deceased veteran as defined by paragraph (.1) of subsection (a) of this Code section may apply to the commissioner of veterans service for certification as such resident spouse or child. The commissioner of veterans service is authorized and directed to certify such applicants as resident unremarried surviving spouses or children of deceased veterans and to issue to such applicants such proof of certification as the commissioner finds appropriate. The commissioner of veterans service may by rule or regulation require such documentation as may be necessary to certify resident unremarried surviving spouses or children of deceased veterans as provided in this paragraph.
(c)(1) Any disabled veteran who is certified as such by the commissioner of veterans service as provided in paragraph (1) of subsection (b) of this Code section shall be granted a discount of 25 percent of the fee otherwise applicable at any state park, historic site, or recreational area operated by or pursuant to the authority of the Department of Natural Resources or any division or other agency of said department.
(2) Any resident who at the time of application is an unremarried surviving spouse or child under 21 years of age of a deceased veteran and who is certified as such by the commissioner of veterans service as provided in paragraph (2) of subsection (b) of this Code section shall be granted a waiver of annual admission fees and annual parking fees for all state parks, historic sites, or recreational areas operated by or pursuant to the authority of the Department of Natural Resources or any division or other agency of said department; provided, however, that such a waiver shall be void upon such person moving his or her residence to another state; such a waiver granted to an unremarried surviving spouse of a deceased veteran shall be void upon the remarriage of such surviving spouse; and such a waiver granted to a child under 21 years of age of a deceased veteran shall expire upon such person reaching 21 years of age.
(d) The discount provided for in paragraph (1) of subsection (c) of this Code section:
(1) Shall apply to rental fees for cabins, campsites, or other overnight accommodations for the disabled veteran and members of the disabled veterańs immediate family who occupy the overnight accommodations with the disabled veteran; and
(2) Shall not apply to rental or use fees for any group facilities or accommodations."

SECTION 2.
Said part is further amended by striking said Code Section 12-3-9.1 and inserting in lieu thereof the following:
"12-3-9.1.
(a) As used in this Code section, the term:
(1) 'Disabled veteran' means a veteran discharged under honorable conditions from any branch of the armed forces of the United States who has a physical disability which was incurred during the period of service in the armed forces and who is a resident of the State of Georgia.
(2) 'Fee' means the charge or fee established by the Board of Natural Resources for the use or occupancy of any state park, historic site, or recreational area and specifically includes, but is not limited to, entrance or admittance fees, rental fees for cabins or other overnight lodgings, rental fees for campsites, and fees for the use of golf courses or other recreational facilities.
(b) Any disabled veteran may apply to the commissioner of veterans service for certification as a disabled veteran as defined by paragraph (1) of subsection (a) of this Code section. The commissioner of veterans service is authorized and directed to certify such applicants as disabled veterans and to issue to such applicants such proof of certification as the commissioner finds appropriate. The commissioner of veterans service may by rule or regulation require such documentation as may be necessary to certify disabled veterans as provided in this subsection.
(c) Any disabled veteran who is certified as such by the commissioner of veterans service as provided in subsection (b) of this Code section shall be granted a discount of 25 percent of the fee otherwise applicable at any state park, historic site, or recreational area operated by or pursuant to the authority of the Department of Natural Resources or any division or other agency of said department.
(d) The discount provided for in subsection (c) of this Code section:
(1) Shall apply to rental fees for cabins, campsites, or other overnight accommodations for the disabled veteran and members of the disabled veterańs immediate family who occupy the overnight accommodations with the disabled veteran; and
(2) Shall not apply to rental or use fees for any group facilities or accommodations."

SECTION 3.
(a) Section 1, this Section, and Section 4 of this Act shall become effective on July 1, 2006.
(b) Section 2 of this Act shall become effective on July 1, 2011.

SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.