08 LC 34
1701S
The
Senate Public Safety Committee offered the following substitute to SB
488:
ADOPTED
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 drivers´ licenses, so as to allow foreign nationals to keep their
license from their home country; to exempt nonresidents from getting a Georgia
license as long as they meet all licensing requirements in Georgia except for
residency; to provide that certain foreign nationals also have in their
immediate possession an international driving permit; to provide that
verification of lawful presence in the United States is necessary to receive a
temporary driver´s license; to provide that the maximum term of a temporary
license is three years; to provide for retention of personal identification
cards by noncitizens in certain circumstances; to provide for related matters;
to provide for 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
drivers´ licenses, is amended by revising subsection (c) of Code Section
40-5-20, relating to the requirement to have a license, as follows:
"(c)(1)
Except as provided in paragraph (2) of this subsection and in Code Section
40-5-32, no
No
person shall receive a driver´s license unless and until such person
surrenders to the department all valid licenses in such person´s possession
issued to him or her by this or any other
jurisdiction,
except as otherwise provided by Code
Section 40-5-32. All surrendered
licenses issued by another jurisdiction shall be destroyed. The license
information shall be forwarded to the previous jurisdiction. No person shall be
permitted to have more than one valid driver´s license at any
time.
(2)
Any noncitizen who is eligible for issuance of a driver´s license pursuant
to the requirements of this chapter may be issued a driver´s license
without surrendering any driver´s license previously issued to him or her
by any foreign jurisdiction. This exemption shall not apply to a person who is
applying for a commercial driver´s license or who is required to terminate
any previously issued driver´s license pursuant to
federal
law. The
department shall make a notation on the driving record of any person who retains
a foreign driver´s license, and this information shall be made available to
law enforcement officers and agencies on such person´s driving record
through the Georgia Crime Information
Center."
SECTION
2.
Said
chapter is further amended by revising paragraph (2) of subsection (a) of Code
Section 40-5-21, relating to exemptions from the requirements of obtaining
a Georgia driver´s license, as follows:
"(2)
A nonresident
who is at
least 16 years of age and who has in his
or her immediate possession a valid
driver´s
license issued to him or her in his or her home state or country; provided,
however, that
any
restrictions which would apply to
such person
would otherwise satisfy all requirements to
receive a Georgia driver´s license
as a matter
of law would apply to the privilege afforded to the out-of-state
license
and, if such
nonresident driver´s license is in a language other than English, the
nonresident also has in his or her immediate possession a valid international
driving permit which conforms to and has been issued in accordance with the
provisions of the Convention on Road Traffic, 3 U.S.T. 3008, TIAS 2487, or any
similar such treaty, international agreement, or reciprocal agreement between
the United States and a foreign nation concerning driving privileges of
nonresidents;"
SECTION
3.
Said
chapter is further amended by revising subsection (a) of Code Section 40-5-21.1,
relating to temporary licenses, permits, or special identification cards, as
follows:
"(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;
or
(7)
Verification of lawful presence as provided by Code Section
40-5-21.2
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 applicant´s authorized stay in the United
States or
three years, whichever occurs
first."
SECTION
4.
Said
chapter is further amended by revising subsection (c) and adding a new
subsection to Code Section 40-5-100, relating to personal identification cards,
as follows:
"(c)(1)
No person may possess more than one identification card issued pursuant to this
Code section; provided, however, that this subsection shall not be construed to
prevent a resident of this state who possesses a driver´s license from also
possessing an identification card issued under this article.
(2)
Except as provided in paragraph (3) of this subsection,
each
Each
applicant for an identification card shall surrender any identification card or
driver´s license previously issued by any other state and any
identification card previously issued by this state.
(3)(A)
Any noncitizen who is eligible for issuance of an identification card pursuant
to the requirements of this chapter may be issued an identification card without
surrendering any driver´s license or identification card previously issued
to him or her by any foreign jurisdiction. This exemption shall not apply to a
person who is required to terminate any previously issued identification card
pursuant to federal law.
(B)
The department shall make a notation on the driving record of any person who
retains a foreign identification card or driver´s license, and this
information shall be made available to law enforcement officers and agencies on
such person´s driving record through the Georgia Crime Information
Center.
(4)
Willful failure to surrender any such previous driver´s license or personal
identification card upon application for a new personal identification card will
be considered an act of fraud and upon conviction be punished as provided for in
Code Section 40-5-125.
(d)
An application for identification card renewal may be submitted by:
(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 customers, 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 identification cards under this paragraph from the surrender
requirement in this Code
section."
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.