08 SB517/AP
Senate
Bill 517
By:
Senator Hill of the 32nd
AS PASSED
AS PASSED
AN
ACT
To amend Code Section 40-2-74 of the Official Code of Georgia Annotated, relating to special license plate for persons with disability, so as to provide for the issuance of special license plates for persons with disabilities to certain businesses for business vehicles used by disabled employees of such businesses; to provide for related matters; 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 plate for persons with disability, is amended by adding a new subsection
to read as follows:
"(a.1)
Any business registered in Georgia that is a sole proprietorship, a Subchapter
'S' Corporation under Subchapter S of Chapter 1 of the Internal Revenue Code, or
a single principal limited liability corporation or limited liability
partnership which assigns or makes available a passenger motor vehicle for the
use of an employee of such business, upon complying with the motor vehicle laws
relating to registration, licensing, and payment of fees and upon submitting an
affidavit of a practitioner of the healing arts stating that such employee is a
person with disabilities, as defined in paragraph (5) of Code Section 40-6-221,
whose disability or incapacity can be expected to last for more than 180 days
and stating the specific disability that limits or impairs the ability to walk,
shall be issued a specially designated disabled person´s license plate from
the commissioner. The affidavit shall also state that such business vehicle
shall be used only or primarily by such disabled employee. If such disabled
employee leaves the employment of the company, the company shall surrender the
plate to the commissioner within 60 days. In the event that an employee or
other person that is not a disabled person uses a business vehicle which has
been issued a special plate pursuant to this subsection, he or she shall not
avail himself or herself of the privileges afforded under this title to a
disabled person with a special plate. Any person who is not a disabled person
as prescribed by this Code section and who willfully and falsely avails himself
or herself of the privileges afforded to such special plate under this title
shall be guilty of a misdemeanor. Any business to which one or more special
plates are issued pursuant to this subsection which is determined by the
commissioner to have repeated violations of this subsection by an employee or
employees or other person or persons that are not disabled person as prescribed
by this Code section shall be subject to revocation of such special plate or
plates."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.
