hb501_Sen_floor_sub_LC_19_6622S_12.html
05 LC 19 6622S

Senator Stoner of the 6th offered the following substitute to HB 501:
MOOT

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to driverś licenses, so as to revise and modernize driveŕs licensure practices; to change provisions relating to fees for issuance of driveŕs record information and the manner of issuance of such information; to change provisions relating to the period of time for which licenses shall be issued and the fees for licenses; to change provisions relating to the types of examinations required for issuance of a license under certain circumstances; to provide for the Department of Motor Vehicle Safety to contract with driver training schools for certain examination and license issuance functions; to provide for the locations at which the department may perform certain functions; to provide for electronic signatures of license applications under certain circumstances; to require courts having jurisdiction over traffic offenses to transmit conviction information to the department electronically; to eliminate reexamination for reinstatement of suspended young driverś licenses under certain circumstances; to provide for the method of determination of the age of young drivers for certain license suspension purposes; to provide for other related matters; 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 driverś licenses, is amended in Code Section 40-5-2, relating to driverś records, by striking and replacing subsection (j) and adding a new subsection (l) so that subsections (j) and (l) shall read, respectively, as follows:
"(j) The commissioner is authorized to promulgate any rules, regulations, or policies as are necessary to carry out the provisions of this Code section. The department and the Georgia Technology Authority are each authorized to charge In accordance with paragraph (6) of subsection (a) of Code Section 50-25-4, reasonable fees to defray costs incurred in affording access to or disseminating shall be assessed for furnishing information from records or data bases pursuant to provisions of this Code section; provided, however, that the fee for furnishing an abstract of a driveŕs record shall not exceed $10.00; and provided, further, that the fee for furnishing the limited information provided for purposes of insurance rating pursuant to division (c)(1)(B)(ii) of this Code section shall not exceed 20 percent of the fee for furnishing the abstract of a driveŕs record."
"(l) In any case in which the release or transmittal of one or more driveŕs records is authorized under this Code section or any other provision of law, the commissioner may determine the method of release or transmittal of the record or records, including without limitation release or transmittal by mail or by means of the Internet or other electronic means."

SECTION 2.
Said Chapter 5 of Title 40 is further amended by striking subsections (a) through (d) of Code Section 40-5-25, relating to driveŕs license applications, and inserting in their respective places new subsections to read as follows:
"(a) Every application for an instruction permit or for a driveŕs license shall be made upon a form furnished by the department. Every application shall be accompanied by the proper license fee. The fees shall be as established by the commissioner, not to exceed:
(1) For instruction permits for Classes A, B, C, and M driverś licenses and for Class D driverś licenses

$ 10.00
(2) For five-year Classes A, B, C, and M noncommercial driverś
15.00 20.00
(2.1) For ten-year Classes A, B, C, and M noncommercial driveŕs

35.00
(3) For Classes A, and B, C, and M commercial driverś licenses
15.00
20.00
(4) For application for Classes A, B, C, and M commercial driverś licenses or a Class P commercial driveŕs instruction permit

35.00
(5) For Class P commercial driverś instruction permits for Classes A, B, C, and M commercial driverś licenses

10.00
(6) For Classes A, B, C, and M commercial driverś licenses, initial issuance requiring a road test

65.00 70.00
(7) For Classes A, B, C, and M commercial driverś licenses, initial issuance not requiring a road test

15.00 20.00
(8) For renewal of Classes A, B, C, and M commercial driverś licenses
15.00 20.00
(8.1) For renewal of five-year Classes A, B, C, and M noncommercial driverś licenses

20.00
(8.2) For renewal of ten-year Classes A, B, C, and M noncommercial driverś licenses

35.00
(9) Initial issuance of Classes A, B, C, and M commercial driverś licenses and Class P commercial driverś instruction permits shall include all endorsement fees within the license fee. Each endorsement added after initial licensing

5.00
The commissioner may by rule provide incentive discounts in otherwise applicable fees reflecting cost savings to the department where a license is renewed by means other than personal appearance. The discount for renewal of a Class C or Class M license shall be $5.00 and any other discounts shall be as determined by the commissioner. Except as provided in Code Section 40-5-36, relating to veteranś licenses, and Code Section 40-5-149, relating to application fees for public school bus drivers, there shall be no exceptions to the fee requirements for a commercial driveŕs license or a commercial driveŕs license permit. Notwithstanding any other provision of this Code section, there shall be no fee whatsoever for replacement of any driveŕs license solely due to a change of the licenseés name or address, provided that such replacement license shall be valid only for the remaining period of such original license; and provided, further, that only one such free replacement license may be obtained within any four-year the period for which the license was originally issued. Any application for the replacement of a lost license pursuant to Code Section 40-5-31 or due to a change in the licenseés name or address submitted within 150 days of the expiration of said license shall be treated as an application for renewal subject to the applicable license fees as set forth in this subsection.
(b) Notwithstanding the provisions of subsection (a) of this Code section, any Class 1 or 2 license issued prior to April 3, 1989, shall remain valid until its expiration unless otherwise lost, destroyed, suspended, or revoked prior to its expiration. A Class 3, 4, or 5 license shall remain valid unless lost, destroyed, suspended, revoked, or canceled, until its expiration or its earlier replacement under Article 7 of this chapter, the 'Uniform Commercial Driveŕs License Act.' Reserved.
(c) Every such application shall state the full legal name, date of birth, sex, and residence address of the applicant; shall briefly describe the applicant; and shall state whether the applicant has theretofore been licensed as a driver and, if so, when and by what state or country, and whether any such license has ever been suspended, revoked, or refused, and, if so, the date of and reason for such suspension, revocation, or refusal; and shall state such other information as the commissioner may require to determine the applicant́s identity, competence, and eligibility. The application shall include any other information as required by paragraph (1) of subsection (a.1) of Code Section 19-11-9.1. The department shall not issue a license until a complete examination of the applicant́s record has been completed. The commissioner may issue such rules and regulations as shall be necessary for the orderly processing of license applications.
(d)(1) The General Assembly finds that it is in the best interest of the state to encourage improved public education and awareness regarding anatomical gifts of human organs and tissues and to address the ever increasing need for donations of anatomical gifts for the benefit of the citizens of Georgia.
(2) Notwithstanding the provisions of paragraph (2) or (3) of subsection (a) of this Code section, each applicant for the issuance, reissuance, or renewal of a Class C, M, A, or B driveŕs license under paragraph (2) or (3) of subsection (a) of this Code section shall accompany such application with a license fee as established by the commissioner, not to exceed $8.00, if such applicant executes an anatomical gift pursuant to Code Section 40-5-6.
(3) The department shall make available to those federally designated organ procurement organizations the name, license number, date of birth, and most recent address of any person who obtains a an organ donor driveŕs license with the reduced fee provided for in paragraph (2) of this subsection. Information so obtained by such organizations shall be used for the purpose of establishing a state-wide organ donor registry accessible to organ tissue and eye banks authorized to function as such in this state and shall not be further disseminated."

SECTION 3.
Said Chapter 5 of Title 40 is further amended in Code Section 40-5-27, relating to examination of applicants, by striking subsections (a), (d), and (e) and inserting in their respective places new subsections to read as follows:
"(a) The department shall examine every applicant for a driveŕs license, except as otherwise provided by subsection (d) of this Code section. Such examination shall include a test of the applicant́s eyesight, his or her ability to understand official traffic-control devices, and his or her knowledge of safe driving practices and the traffic laws of this state and shall also include a comprehensive on-the-road driving test during which the applicant shall be required to fully demonstrate his or her ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or general class of vehicles he or she desires a license to drive; provided, however, that the on-the-road driving test requirement shall not apply to any applicant for a Class C driveŕs license who holds a Class D driveŕs license issued on or after January 1, 2002. Applicants An applicant 18 years of age and older with a valid and current licenses license issued by another state of the United States or the District of Columbia who surrender their previous licenses surrenders his or her previous license to obtain a Georgia license shall be exempt from taking such tests other than tests of eyesight. The examination may also include such further physical and mental examination as the department finds necessary to determine the applicant́s fitness to operate a motor vehicle safely upon the highways. The commissioner may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any class of license."
"(d) The department shall implement a six-month pilot program to determine licensing requirements for licensed driver training schools to conduct on-the-road driving tests as provided in subsection (e) of this Code section. The department shall report the results of such pilot program to the House Committee on Motor Vehicles. (e) If the department determines that the pilot program provided for in subsection (d) of this Code section is successful, it shall authorize licensed driver training schools to conduct on-the-road driving tests and other tests required for issuance of a driveŕs license as provided in this subsection. The department may authorize licensed driver training schools to issue driveŕs licenses to successful applicants as provided in this subsection. The department shall, prior to approving a licensed driver training school to conduct on-the-road driving tests or issue licenses or both as provided in this subsection, make a determination that the school has been licensed for a minimum of one year two years and has conducted driver education and adult education courses on a full-time basis for such one-year two-year period and that such school meets all other standards which the department may establish as a condition for approval to conduct such tests or issue licenses or both. The department shall authorize a driver training school licensed pursuant to Chapter 13 of Title 43 and approved by the department to administer the testing provided for in this Code section, provided that the applicant has successfully completed a driver training course which includes a minimum of 30 class hours of instruction and six hours of private in-car training. The department may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any Class C or Class D driveŕs license under this Code section."

SECTION 4.
Said Chapter 5 of Title 40 is further amended by striking Code Section 40-5-28, relating to issuance of driverś licenses, and inserting in its place a new Code section to read as follows:
"40-5-28.
(a) 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 department may require applicants to submit fingerprints by means of an inkless fingerprint scanning device upon application.
(b) The commissioner shall determine the location and manner of issuance of driverś licenses. Without limiting the generality of the foregoing, it is specifically provided that the commissioner may designate county tag agents as agents of the department for this purpose and may authorize the issuance of driverś licenses by county tag agents."

SECTION 5.
Said Chapter 5 of Title 40 is further amended in Code Section 40-5-31, relating to replacement permits or licenses, by striking subsection (b) and inserting in its place a new subsection to read as follows:
"(b) The department shall issue a temporary permit or driveŕs license to each individual who has lost by misplacement, and not by revocation or suspension, his or her instruction permit or driveŕs license and who has made application under oath on a form furnished by the department which states that the applicant presently has a valid permit or license which has been lost or misplaced. In lieu of the applicant́s signature on a form, any application for the issuance of a replacement license submitted electronically shall contain an acknowledgment and attestation under penalty of perjury that he or she meets each requirement of this Code section."

SECTION 6.
Said Chapter 5 of Title 40 is further amended by striking Code Section 40-5-32, relating to driveŕs license renewal, and inserting in its place a new Code section to read as follows:
"40-5-32.
(a)(1) Every Except as otherwise provided in this Code section, every driveŕs license shall expire on the licenseés birthday in the fourth fifth year following the issuance of such license. Notwithstanding the foregoing, any commercial license that contains an H or X endorsement as defined in subsection (c) of Code Section 40-5-150 shall expire on the date of expiration of the licenseés security threat assessment conducted by the Transportation Security Administration of the United States Department of Homeland Security. An applicant for a Class A, B, C, or M noncommercial driveŕs license who is under age 60 shall at the applicant́s option apply for a license which shall expire on the licenseés birthday in the fifth or tenth year following the issuance of such license. Every such license shall be renewed on or before its expiration upon application, payment of the required fee, and, if applicable, satisfactory completion of the examination required or authorized by subsection (c) of this Code section.
(2) Except as otherwise provided by subsection (c) of this Code section, every holder of a veterańs or honorary license shall meet the requirements of subsection (c) of this Code section be valid until the holder reaches age 65 and shall thereafter be subject to renewal pursuant to paragraph (1) of this subsection on or before his or her birthday every four five years, beginning from the date on which the holder was last required to take an examination under former Ga. L. 1972, p. 1076, as amended by Ga. L. 1973, pp. 916, 917. The department may allow a veteran or honorary license holder to retain his or her expired veterańs or honorary license as a souvenir.
(3) The commissioner shall issue such rules and regulations as are required to enforce this subsection.
(b) An application for driveŕs license renewal may be submitted by means of:
(1) Personal appearance before the department; or
(2) Subject to rules or regulations of the department which shall be consistent with considerations of public safety and efficiency of service to licensees, means other than such personal appearance which may include without limitation by mail or electronically. The department may by such rules or regulations exempt persons renewing driverś licenses under this paragraph from the license surrender requirement of subsection (c) of Code Section 40-5-20.
(c)(1) The department shall require every person applying for renewal of a driveŕs license to take and pass successfully such test of his or her eyesight as the department shall prescribe, unless otherwise provided by rule or regulation for purposes of paragraph (2) of subsection (b) of this Code section.
(2) The commissioner may issue such rules and regulations as are necessary to implement this subsection."

SECTION 7.
Said Chapter 5 of Title 40 is further amended by striking Code Section 40-5-33, relating to change of address of a licensed driver, and inserting in its place a new Code section to read as follows:
"40-5-33.
Whenever any person, after applying for or receiving a driveŕs license, shall move from the address named in such application or in the license issued to him or her or when the name of a licensee is changed by marriage or otherwise, such person shall apply to the department for a license showing the correct name or address within 60 days. Failure to change the name or address shall not deem the license invalid. The commissioner shall designate the locations at which applications shall be accepted for applications due to change of name and shall designate the locations at which applications shall be accepted for applications due to change of address and may designate any locations for such purposes."

SECTION 8.
Said Chapter 5 of Title 40 is further amended by striking subsection (b) of Code Section 40-5-53, relating to reports of convictions and forwarding of licenses by courts, and inserting in its place a new subsection to read as follows:
"(b) Every court in each county of this state having jurisdiction over offenses committed under this chapter and Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing speeding in a noncommercial motor vehicle for which no points are assigned under Code Section 40-5-57, standing, or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. Notwithstanding any other provision of this title, in satisfaction of the reporting requirement of this subsection, the courts of this state may shall transmit the information contained on the uniform citation form by electronic means, provided that the department has first given approval to the reporting court for using the electronic reporting method utilized approved by the department. The department shall pay to the clerk of the court forwarding the required report 40¢ for each report transmitted electronically in a timely manner as required in this subsection and 10¢ for each report transmitted otherwise; and notwithstanding any general or local law to the contrary, the clerk shall pay such fees over to the general fund of the city or county operating the court. Where a court has not implemented transmittal by electronic means, the commissioner may require such court or courts to submit by electronic means no later than a future date to be determined by the commissioner."

SECTION 9.
Said Chapter 5 of Title 40 is further amended in said Code Section 40-5-57.1 by adding at the end of the Code section a new subsection (d) to read as follows:
"(d) A suspension provided for in this Code section shall be imposed based on the persońs age on the date of the conviction giving rise to the suspension."

SECTION 10.
All laws and parts of laws in conflict with this Act are repealed.