| 1 | 1 | | 25 LC 46 1140 |
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| 2 | 2 | | House Bill 563 |
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| 3 | 3 | | By: Representatives Bennett of the 94 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Powell of the 33 |
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| 6 | 6 | | rd |
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| 7 | 7 | | , Corbett of the 174 |
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| 8 | 8 | | th |
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| 9 | 9 | | , Hugley of |
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| 10 | 10 | | the 141 |
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| 11 | 11 | | st |
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| 12 | 12 | | , Jones of the 143 |
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| 13 | 13 | | rd |
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| 14 | 14 | | , and others |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, |
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| 18 | 18 | | 1 |
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| 19 | 19 | | relating to prestige license plates and special plates for certain persons and vehicles, so as to2 |
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| 20 | 20 | | authorize licensed physical therapists to certify an individual is disabled for purposes of3 |
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| 21 | 21 | | obtaining special vehicle decals for persons with disabilities; to provide for related matters;4 |
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| 22 | 22 | | to repeal conflicting laws; and for other purposes.5 |
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| 23 | 23 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
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| 24 | 24 | | SECTION 1.7 |
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| 25 | 25 | | Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to8 |
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| 26 | 26 | | prestige license plates and special plates for certain persons and vehicles, is amended by9 |
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| 27 | 27 | | revising Code Section 40-2-74.1, relating to temporary, permanent, and special permanent10 |
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| 28 | 28 | | parking permits for persons with disabilities, as follows:11 |
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| 29 | 29 | | "40-2-74.1.12 |
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| 30 | 30 | | (a) The department shall issue parking permits for persons with disabilities and may13 |
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| 31 | 31 | | delegate to county tag agents the responsibility for issuance of such permits to residents of14 |
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| 32 | 32 | | the county served by the tag agent. The department shall receive applications for and issue15 |
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| 33 | 33 | | parking permits by mail to persons with disabilities upon presentation of an affidavit of a16 |
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| 34 | 34 | | H. B. 563 |
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| 35 | 35 | | - 1 - 25 LC 46 1140 |
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| 36 | 36 | | licensed doctor of medicine, licensed doctor of osteopathic medicine, licensed doctor of |
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| 37 | 37 | | 17 |
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| 38 | 38 | | podiatric medicine, licensed optometrist, licensed chiropractor, licensed physical therapist, |
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| 39 | 39 | | 18 |
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| 40 | 40 | | licensed advanced practice registered nurse acting pursuant to the authority of Code19 |
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| 41 | 41 | | Section 43-34-25, or licensed physician assistant acting pursuant to the authority of20 |
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| 42 | 42 | | subsection (e.1) of Code Section 43-34-103 stating that such person is a disabled person,21 |
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| 43 | 43 | | the specific disability that limits or impairs the person's ability to walk, and that he or she22 |
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| 44 | 44 | | is a person with disabilities as specified in paragraph (5) of Code Section 40-6-221. 23 |
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| 45 | 45 | | Permits shall be in such form as the department prescribes but shall be of sufficient size24 |
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| 46 | 46 | | and sufficiently distinctively marked to be easily visible when placed on or affixed to the25 |
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| 47 | 47 | | driver's side of the dashboard or hung from the rearview mirror of the parked vehicle. 26 |
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| 48 | 48 | | Permits shall be made of a substrate as determined by the commissioner and shall be of27 |
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| 49 | 49 | | sufficient quality to ensure that the coloring of the permit and the ink used thereon will28 |
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| 50 | 50 | | resist fading for a period of at least four years. Permits shall be issued to individuals, and29 |
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| 51 | 51 | | the name of the individual and an identification number shall appear on the permit. The30 |
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| 52 | 52 | | individual to whom a permit is issued may use the permit for any vehicle he or she is31 |
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| 53 | 53 | | operating or in which he or she is a passenger. Permits shall also be issued to institutions32 |
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| 54 | 54 | | when the primary purpose of a vehicle operated by the institution is to transport individuals33 |
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| 55 | 55 | | with disabilities. The name of the institution, the license number of the particular vehicle,34 |
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| 56 | 56 | | and an identification number shall appear on the permit. The institution shall use such35 |
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| 57 | 57 | | permit only for a vehicle which is operated by the institution and which is used primarily36 |
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| 58 | 58 | | to transport individuals with disabilities.37 |
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| 59 | 59 | | (b) The department shall issue a temporary permit to any temporarily disabled person upon38 |
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| 60 | 60 | | presentation of an affidavit of a licensed doctor of medicine, licensed doctor of osteopathic39 |
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| 61 | 61 | | medicine, licensed doctor of podiatric medicine, licensed optometrist, licensed40 |
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| 62 | 62 | | chiropractor, licensed physical therapist, licensed advanced practice registered nurse acting41 |
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| 63 | 63 | | pursuant to the authority of Code Section 43-34-25, or licensed physician assistant acting42 |
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| 64 | 64 | | pursuant to the authority of subsection (e.1) of Code Section 43-34-103 stating that such43 |
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| 65 | 65 | | H. B. 563 |
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| 66 | 66 | | - 2 - 25 LC 46 1140 |
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| 67 | 67 | | person is a temporarily disabled person, the specific disability that limits or impairs the |
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| 68 | 68 | | 44 |
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| 69 | 69 | | person's ability to walk, that he or she is a person with disabilities as specified in paragraph45 |
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| 70 | 70 | | (5) of Code Section 40-6-221, and a date until which such person is likely to remain46 |
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| 71 | 71 | | disabled. The temporary permit shall show prominently on its face an expiration date the47 |
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| 72 | 72 | | same as the date specified by such doctor for the likely termination of the disability, which48 |
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| 73 | 73 | | date shall not be more than 180 days after the date the permit is issued. The expiration date49 |
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| 74 | 74 | | shall be printed with permanent ink and in boldface type of sufficient size to be legible50 |
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| 75 | 75 | | when the permit is displayed on the driver's side of the dashboard or hung from the51 |
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| 76 | 76 | | rearview mirror.52 |
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| 77 | 77 | | (c) The department shall issue a permanent permit to any permanently disabled person53 |
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| 78 | 78 | | upon presentation of an affidavit of a licensed doctor of medicine, licensed doctor of54 |
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| 79 | 79 | | osteopathic medicine, licensed doctor of podiatric medicine, licensed optometrist, licensed55 |
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| 80 | 80 | | chiropractor, licensed physical therapist, |
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| 81 | 81 | | licensed advanced practice registered nurse acting56 |
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| 82 | 82 | | pursuant to the authority of Code Section 43-34-25, or licensed physician assistant acting57 |
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| 83 | 83 | | pursuant to the authority of subsection (e.1) of Code Section 43-34-103 stating that such58 |
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| 84 | 84 | | person is a permanently disabled person. The affidavit shall further state the specific59 |
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| 85 | 85 | | disability that limits or impairs the person's ability to walk or that he or she is a person with60 |
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| 86 | 86 | | disabilities as specified in paragraph (5) of Code Section 40-6-221. The department shall61 |
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| 87 | 87 | | also issue a permanent permit to an institution which operates vehicles used primarily for62 |
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| 88 | 88 | | the transportation of individuals with disabilities upon presentation of a certification from63 |
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| 89 | 89 | | the institution regarding use of its vehicles. The institution shall receive permits only for64 |
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| 90 | 90 | | the number of vehicles so used and shall affix the permits to the driver's side of the65 |
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| 91 | 91 | | dashboards of such vehicles. The permanent permit shall be predominantly blue in color66 |
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| 92 | 92 | | and shall show prominently on its face an expiration date four years from the date it is67 |
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| 93 | 93 | | issued. The expiration date shall be machine printed, not handwritten, in boldface type of68 |
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| 94 | 94 | | sufficient size to be legible when the permit is displayed on the driver's side of the69 |
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| 95 | 95 | | dashboard or hung from the rearview mirror.70 |
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| 96 | 96 | | H. B. 563 |
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| 97 | 97 | | - 3 - 25 LC 46 1140 |
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| 98 | 98 | | (d) Any individual to whom a specially designated disabled veteran's license plate has |
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| 99 | 99 | | 71 |
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| 100 | 100 | | been issued pursuant to Code Sections 40-2-69 through 40-2-72 and any individual to72 |
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| 101 | 101 | | whom a specially designated disabled person's license plate has been issued pursuant to73 |
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| 102 | 102 | | Code Section 40-2-74 shall be authorized to park the passenger motor vehicle on which the74 |
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| 103 | 103 | | specially designated license plate is attached in a parking place for persons with disabilities75 |
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| 104 | 104 | | without the necessity of obtaining a parking permit for persons with disabilities pursuant76 |
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| 105 | 105 | | to this Code section.77 |
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| 106 | 106 | | (e) The department shall issue a special permanent permit to any person who:78 |
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| 107 | 107 | | (1) Because of a physical disability drives a motor vehicle which has been equipped with79 |
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| 108 | 108 | | hand controls for the operation of the vehicle's brakes and accelerator; or80 |
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| 109 | 109 | | (2) Is physically disabled due to the loss of, or loss of use of, both upper extremities.81 |
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| 110 | 110 | | This special permanent permit shall be gold in color and shall show prominently on its face82 |
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| 111 | 111 | | an expiration date four years from the date it is issued. The expiration date shall be printed83 |
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| 112 | 112 | | in a size of print that is legible when the permit is displayed on the driver's side of the84 |
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| 113 | 113 | | dashboard or hung from the rearview mirror. Such a special permit shall be used in the85 |
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| 114 | 114 | | same manner as, and shall be subject to the provisions of this Code section relating to,86 |
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| 115 | 115 | | other permanent parking permits for persons with disabilities and shall also be used as87 |
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| 116 | 116 | | provided in Code Section 10-1-164.1. In addition to any other required printing, the88 |
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| 117 | 117 | | following shall be printed upon this special gold permit:89 |
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| 118 | 118 | | 'Code Section 10-1-164.1 of the Official Code of Georgia Annotated requires that any90 |
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| 119 | 119 | | owner or operator of a gasoline station that sells full-service gasoline at one price and91 |
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| 120 | 120 | | self-service at a lower price shall provide the service of dispensing gasoline at the92 |
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| 121 | 121 | | self-service price for the holder of this special permit when such holder requests such93 |
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| 122 | 122 | | service and is the operator of the vehicle and is not accompanied by another person 1694 |
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| 123 | 123 | | years of age or older who is not mobility impaired or blind.'95 |
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| 124 | 124 | | (f) The department and county tag agents shall not charge or collect any fee for issuing96 |
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| 125 | 125 | | parking permits for persons with disabilities under this Code section.97 |
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| 126 | 126 | | H. B. 563 |
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| 127 | 127 | | - 4 - 25 LC 46 1140 |
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| 128 | 128 | | (g) Any special disabled person decal issued under the former provisions of this Code |
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| 129 | 129 | | 98 |
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| 130 | 130 | | section shall be valid until its expiration date but shall not be reissued.99 |
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| 131 | 131 | | (h) For purposes of this Code section, an active duty military physician shall be entitled100 |
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| 132 | 132 | | to submit an affidavit in support of the application of active duty or retired military101 |
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| 133 | 133 | | personnel for parking permits for persons with disabilities whether or not such physician102 |
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| 134 | 134 | | is licensed to practice in Georgia. Such affidavit shall state that the applicant is in active103 |
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| 135 | 135 | | military service and is stationed in Georgia pursuant to military orders or is retired from104 |
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| 136 | 136 | | the military and is a resident of Georgia and that such person is a disabled person, the105 |
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| 137 | 137 | | specific disability that limits or impairs the person's ability to walk, and that he or she is106 |
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| 138 | 138 | | a person with disabilities as specified in paragraph (5) of Code Section 40-6-221.107 |
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| 139 | 139 | | (i) For purposes of this Code section, the department shall accept, in lieu of an affidavit,108 |
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| 140 | 140 | | a signed and dated statement from the doctor, advanced practice registered nurse, or109 |
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| 141 | 141 | | physician assistant which includes the same information as required in an affidavit written110 |
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| 142 | 142 | | upon security paper as defined in paragraph (38.5) of Code Section 26-4-5."111 |
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| 143 | 143 | | SECTION 2.112 |
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| 144 | 144 | | All laws and parts of laws in conflict with this Act are repealed.113 |
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| 145 | 145 | | H. B. 563 |
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| 146 | 146 | | - 5 - |
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