hb577_LC_34_0280_a

hb577_LC_34_0280_a_2.html

05 LC 34 0280

House Bill 577

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

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 prohibit the requirement of fingerprinting and similar identification of applicants for identification cards 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."

SECTION 2.

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 3.

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 4.

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;

(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 5.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed.