Bill Text: GA HB1338 | 2009-2010 | Regular Session | Comm Sub

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Bill Title: Disability parking laws; appointed law enforcer have disability; remove requirement

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Passed) 2010-07-01 - Effective Date [HB1338 Detail]

Download: Georgia-2009-HB1338-Comm_Sub.html

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10 LC 34 2631S

House Bill 1338 (COMMITTEE SUBSTITUTE)

By: Representatives Wilkinson of the 52nd, Kidd of the 141st, Collins of the 27th, Maddox of the 127th, Cox of the 102nd, and others

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 40-6-228 of the Official Code of Georgia Annotated, relating to enforcement of parking laws relating to persons with disabilities, so as to remove the requirement that a person appointed to enforce these laws have a disability; to provide immunity for a person appointed to enforce these laws; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 40-6-228 of the Official Code of Georgia Annotated, relating to enforcement of parking laws relating to persons with disabilities, is amended by revising subsections (a) and (c) as follows:

"(a) Any county or municipal law enforcement agency of the state which is empowered to enforce the provisions of this part may, in its discretion, appoint any person who is a citizen of the United States, is of good moral character, and has not previously been convicted of a felony, and is a person with disabilities as defined in paragraph (5) of Code Section 40-6-221 to enforce the provisions of Code Section 40-6-226 within the county or municipality in which the appointing law enforcement agency exercises jurisdiction. Each person appointed pursuant to this Code section shall take and subscribe an oath of office as prescribed by the appointing authority. Any person appointed and sworn pursuant to this subsection shall be authorized to enforce the provisions of this part in the same manner as any law enforcement officer of the state or any county or municipality of the state subject to the limitations provided in subsections (b) and (c) of this Code section."

"(c) Neither the state nor any county, municipality, or other political subdivision of the state or any department, agency, board, or officer of the state or any county, municipality, or political subdivision of the state shall be liable or accountable for or on account of any act or omission of any person appointed pursuant to this Code section in connection with such person's enforcement of the provisions of Code Section 40-6-226. No person appointed pursuant to this Code section shall be liable on account of any act or omission in connection with such person's enforcement of the provisions of Code Section 40-6-226."

SECTION 2.

This Act shall become effective on July 1, 2010.

SECTION 3.

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