sb25_Committee_sub_LC_35_0747S_6.html
08 LC 35 0747S

The Senate Public Safety Committee offered the following substitute to SB 25:

A BILL TO BE ENTITLED
AN ACT

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for penalties for making a false statement, committing false swearing, or aiding or abetting another to do so; to require an owner of a vehicle, unless otherwise exempt, to present a valid Georgia driver´s license or identification card when registering or renewing the registration of a vehicle; to provide for verification of vehicles registered in other countries or territories; to modify the exemptions to the requirement that drivers of motor vehicles have a valid driver´s license; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising Code Section 40-2-3, relating to false statement in application as constituting false swearing, as follows:
"40-2-3.
Any person who knowingly shall make any false statement in any application for the registration of any vehicle, or in transferring any certificate of registration, or in applying for a new certificate of registration, and any person who knowingly aids or abets another to do so, shall be guilty of false swearing, whether or not an oath is actually administered to him or her, if such statement shall purport to be under oath. On conviction of such offense, such person shall be punished as provided by Code Section 16-10-71 by a fine of not more than $5,000.00 or by imprisonment of not less than one nor more than five years, or both."

SECTION 2.
Said title is further amended in Code Section 40-2-33, relating to the issuance of license plates, payment and disposition of fees, and compensation of tag agents, by adding a new subsection to read as follows:
"(d) The initial issuance of any tag shall not be made unless the applicant presents at the time of application a valid Georgia driver´s license or Georgia identification card except for persons expressly exempted in Code Section 40-5-21."

SECTION 3.
Said title is further amended in Code Section 40-2-90, relating to the operation of vehicles registered in other states, by revising paragraph (3) of subsection (b) as follows:
"(3) To be eligible for the exemptions provided for in paragraph (1) or (2) of this subsection, a nonresident or visitor shall have fully complied with the laws relating to the registration of motor vehicles of the state or territory wherein he or she resides, and the registration number and initial letter of such state or territory shall be displayed and plainly visible on such motor vehicles. Any motor vehicle operated by a nonresident or visitor displaying a license plate from a foreign country or territory shall be subject to verification that such motor vehicle is registered in full compliance with the laws relating to registration of motor vehicles of that foreign country or territory. Where an officer is unable to verify registration in such foreign country or territory within a reasonable time, not to exceed one hour, such motor vehicle may be impounded for a period of up to ten days or until such registration is verified, whichever shall first occur; provided, however, that upon verification that any such motor vehicle is not properly registered, such motor vehicle may be impounded until properly registered."

SECTION 4.
Said title is further amended in Code Section 40-5-21, relating to exemptions to the requirement that drivers of motor vehicles have a valid driver´s license, by revising paragraph (2) of subsection (a) as follows:

"(2) A nonresident who is at least 16 years of age who is either a United States citizen or an alien with legal authorization from the federal government to be present in the United States and who has in his or her immediate possession a valid license issued to him or her in his or her home state or a valid international driving permit, a driver´s license issued by his or her home country, and documentation issued by the federal government authorizing such driver´s presence in the United States; provided, however, that any restrictions which would apply to a Georgia driver´s license as a matter of law would shall apply to the privilege afforded to the out-of-state license; and provided, further, that a consular matriculation card shall not satisfy any of the requirements of this paragraph;"

SECTION 5.
Said title is further amended in Code Section 40-5-125, relating to fraudulent driver´s license or identification card and false statements in applications, by revising subsection (b) as follows:
"(b) Any person who knowingly makes any false statement in an application for a driver´s license provided for by this chapter, and any person who knowingly aids or abets another to do so, shall be guilty of a violation of Code Section 16-10-20 making a false statement and, upon conviction thereof, be punished by a fine of not more than $5,000.00 or by imprisonment of not less than one nor more than five years, or both."

SECTION 6.
This Act shall become effective on July 1, 2008, and shall apply to all initial applications for tags submitted on or after that date and shall apply to all offenses committed on or after that date.

SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.