05 HB 577/AP
House
Bill 577 (AS PASSED HOUSE AND SENATE)
By:
Representatives Loudermilk of the
14th,
Keen of the
179th,
Brooks of the
63rd,
Franklin of the
43rd,
Scott of the
2nd,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating
to motor vehicle
driverś
licenses, so as to provide for destruction of certain fingerprint records; to
provide for certain disclosures; to prohibit the requirement of fingerprinting
and similar identification of applicants for
driverś
licenses and identification cards; to prescribe the type of documentation
sufficient to obtain a temporary
driveŕs
license or permit or special identification card; to prohibit the requirement
of fingerprinting and similar identification of applicants for identification
cards issued to persons with disabilities; to provide for related matters; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
5 of Title 40 of the Official Code of Georgia Annotated, relating to motor
vehicle
driverś
licenses, is amended by striking subsection (k) of Code Section 40-5-2, relating
to keeping of records of applications for licenses and information on licenses,
and inserting in its place the following:
"(k)(1)
The department, pursuant to rules and regulations promulgated by the
commissioner, may periodically review all records maintained pursuant to this
Code section and shall correct those records which contain known improper,
false, fraudulent, or invalid information.
(2)
Not later than 30 days after the effective date of this paragraph, the
department shall destroy all records of fingerprints obtained on and after April
15, 1996, and prior to the effective date of this paragraph from applicants for
driverś
licenses, identification cards, and identification cards for persons with
disabilities issued by the department and shall compile and make available for
public inspection a list of all persons or entities to whom the department
provided such fingerprint records. Notwithstanding the provisions of this
paragraph, fingerprint images electronically stored on existing
driverś
licenses will be destroyed upon application for a renewal of the
driveŕs
license."
SECTION
2.
Said
chapter is further amended by inserting immediately following Code Section
40-5-21 a new Code section to read as follows:
"40-5-21.1.
(a)
Notwithstanding any other provision of this title, an applicant who presents in
person valid documentary evidence of:
(1)
Admission to the United States in a valid, unexpired nonimmigrant
status;
(2)
A pending or approved application for asylum in the United States;
(3)
Admission into the United States in refugee status;
(4)
An approved application for temporary protected status in the United
States;
(5)
Approved deferred action status; or
(6)
Other federal documentation verified by the United States Department of Homeland
Security to be valid documentary evidence of lawful presence in the United
States under federal immigration law
may
be issued a temporary license, permit, or special identification card. Such
temporary license, permit, or special identification card shall be valid only
during the period of time of the
applicant́s
authorized stay in the United States.
(b)
A
driverś
license or identification card issued by any state or territory which, on or
after July 1, 2006, authorized such
driveŕs
license or identification card to be issued to persons not lawfully present in
the United States may not be accepted as evidence of legal presence in the
United
States."
SECTION
3.
Said
chapter is further amended by striking Code Section 40-5-28, relating to
issuance of licenses and fingerprinting of applicants, and inserting in its
place the following:
"40-5-28.
The
department shall, upon payment of the required fee, issue to every applicant
qualifying therefor a
driveŕs
license indicating the type or general class of vehicles the licensee may drive,
which license shall be upon a form prescribed by the department and which shall
bear thereon a distinguishing number assigned to the licensee, a color
photograph of the licensee, the
licenseés
full name, either a facsimile of the signature of the licensee or a space upon
which the licensee shall write his or her usual signature with a pen and ink
immediately upon receipt of the license, and such other information or
identification as is required by the department. No license shall be valid
until it has been so signed by the licensee.
Specifically
but without limitation, the
The
department
may
shall
not require applicants to submit
or otherwise
obtain from applicants any fingerprints
or any other
biological characteristic or information which uniquely identifies an
individual, including without limitation, deoxyribonucleic acid (DNA) and
retinal scan identification characteristics but not including a
photograph by
any
means of an
inkless fingerprint scanning device upon
application."
SECTION
4.
Said
chapter is further amended by striking subsection (a) of Code Section 40-5-100,
relating to issuance, contents, and possession of identification cards, and
inserting in its place the following:
"(a)
The department shall issue personal identification cards to all residents as
defined in Code Section 40-5-1 who make application to the department in
accordance with rules and regulations prescribed by the commissioner. Cards
issued to applicants under 21 years of age shall contain the distinctive
characteristics of
driverś
licenses issued pursuant to Code Section 40-5-26. The identification card shall
be similar in form but distinguishable in color from motor vehicle
driverś
licenses and may contain a recent color photograph of the applicant and include
the following information:
(1)
Full legal name;
(2)
Address of residence;
(3)
Birth date;
(4)
Date identification card was issued;
(5)
Sex;
(6)
Height;
(7)
Weight;
(8)
Eye color;
(9)
Location where the identification card was issued;
(10)
Signature of person identified or facsimile thereof;
and
(11)
Fingerprint
of the person identified; and
(12)
Such other information or identification as required by the
department;
provided, however, that the department shall not require an applicant to submit
or otherwise obtain from an applicant any fingerprints or any other biological
characteristic or information which uniquely identifies an individual, including
without limitation, deoxyribonucleic acid (DNA) and retinal scan identification
characteristics but not including a photograph by any means upon
application."
SECTION
5.
Said
chapter is further amended by striking subsection (a) of Code Section 40-5-171,
relating to issuance and contents of identification cards for persons with
disabilities, and inserting in its place the following:
"(a)
The department shall issue personal identification cards to persons with
disabilities who make application to the department in accordance with rules and
regulations prescribed by the commissioner. The identification card for persons
with disabilities shall prominently display the international handicapped symbol
and, in addition to any other information required by this article, may contain
a recent color photograph of the applicant and the following
information:
(1)
Full legal name;
(2)
Address of residence;
(3)
Birth date;
(4)
Date identification card was issued;
(5)
Date identification card expires;
(6)
Sex;
(7)
Height;
(8)
Weight;
(9)
Eye color;
(10)
Location where the identification card was issued;
(11)
Signature of person identified or facsimile thereof;
and
(12)
Fingerprint
of person identified; and
(13)
Such other information as required by the
department;
provided, however, that the department shall not require an applicant to submit
or otherwise obtain from an applicant any fingerprints or any other biological
characteristic or information which uniquely identifies an individual, including
without limitation, deoxyribonucleic acid (DNA) and retinal scan identification
characteristics but not including a photograph by any means upon
application."
SECTION
6.
This
Act shall become effective on July 1, 2006.
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.