HB954: HB954 Eric's Law; enact

26 LC 39 4832 House Bill 954 By: Representatives Bell of the 75th, Gisler of the 121st, Jones of the 25th, Sharper of the 177th, Gilliard of the 162nd, and others A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 5 of Title 40 of the Official Cod e of Georgia Annotated,1 relating to issuance, expiration, and renewal of licenses, so as to provide for the placement2 of a notation of a nonapparent physical or mental disability upon a driver's license; to provide3 for the removal of such notation upon request; to prohibit the disclosure of information4 relating to the request for such notation; to provide for a sho rt title; to provide for related5 matters; to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 This Act shall be known and may be cited as "Eric's Law."9 SECTION 2.10 Article 2 of Chapter 5 of Title 40 of the Official Code of Geor gia Annotated, relating to11 issuance, expiration, and renewal of licenses, is amended by revising Code Section 40-5-38,12 relating to notation of post-traumatic stress disorder upon drivers' licenses, as follows:13 H. B. 954 - 1 - 26 LC 39 4832 "40-5-38.14 (a) Members of the armed services and veterans who have been d iagnosed with15 post-traumatic stress disorder may request to have a notation of such diagnosis placed on16 his or her driver's license. Such applicant shall present the department with a sworn17 statement from a person licensed to practice medicine or psychology in this state verifying18 such diagnosis.19 (b) Any applicant with a physical or mental disability which is not immediately obvious20 or visible may request to have a symbol placed upon the front of his or her driver's license21 which indicates such physical or mental disability. Such appli cant shall present the22 department with a sworn statement which includes a description of such physical or mental23 disability.24 (c) Any licensee with a notation placed upon his or her licens e pursuant to this Code25 section may request the removal of such notation by the departm ent. Upon receipt of a26 request to remove a notation provided for in this Code section, the department shall delete27 any records relating to the notation and request. The department shall be prohibited from28 disclosing any information relating to a request for a notation authorized by this Code29 section except on written authorization or other waiver by the applicant or licensee or on30 appropriate court order.31 (d) The commissioner shall by rules and regulations establish pro cedures necessary to32 carry out the provisions of this Code section including, withou t limitation, application33 forms to include a waiver of liability for the release of any m edical information, and an34 appropriate symbol to be placed on the drivers' licenses, and a procedure for the request for35 revocation of a request authorized by this Code section."36 SECTION 3.37 All laws and parts of laws in conflict with this Act are repealed.38 H. B. 954 - 2 -