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HB 48 - Driver's licenses & ID cards; prohibit fingerprinting

Irvin, Robert A (45th)

Status Summary	HC:	MotV	SC:		FR:	01/12/99	LA:	01/13/99	H - Read 2nd Time

First Reader Summary

A BILL to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers' licenses, so as to prohibit the requirement of fingerprinting of applicants for drivers' licenses and certain identification cards and require the destruction of fingerprints obtained; and for other purposes.

Code Sections - 40-5-28

HB 48                                              LC 11 9633 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 5 of Title 40 of the Official Code of 
  1- 2  Georgia Annotated, relating to motor vehicle drivers' 
  1- 3  licenses, so as to prohibit the requirement of 
  1- 4  fingerprinting of applicants for drivers' licenses and 
  1- 5  certain identification cards and require the destruction of 
  1- 6  fingerprints obtained; to provide for an effective date; to 
  1- 7  repeal conflicting laws; and for other purposes. 
 
  1- 8       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 9                           SECTION 1. 
 
  1-10  Chapter 5 of Title 40 of the Official Code of Georgia 
  1-11  Annotated, relating to motor vehicle drivers' licenses, is 
  1-12  amended by striking Code Section 40-5-28, relating to 
  1-13  issuance of licenses and fingerprinting of applicants, and 
  1-14  inserting in its place the following: 
 
  1-15    "40-5-28. 
 
  1-16    The department shall, upon payment of the required fee, 
  1-17    issue to every applicant qualifying therefor a driver's 
  1-18    license indicating the type or general class of vehicles 
  1-19    the licensee may drive, which license shall be upon a form 
  1-20    prescribed by the department and which shall bear thereon 
  1-21    a distinguishing number assigned to the licensee, a color 
  1-22    photograph of the licensee, the licensee's full name, 
  1-23    either a facsimile of the signature of the licensee or a 
  1-24    space upon which the licensee shall write his or her usual 
  1-25    signature with a pen and ink immediately upon receipt of 
  1-26    the license, and such other information or identification 
  1-27    as is required by the department. No license shall be 
  1-28    valid until it has been so signed by the licensee. 
  1-29    Specifically but without limitation,  the The department 
  1-30    may shall not require applicants to submit fingerprints by 
  1-31    any means of an inkless fingerprint scanning device upon 
  1-32    application.  Any fingerprints obtained by the department 
  1-33    upon any application for a driver's license or 
  1-34    identification card and in the department's possession, 
 
 
 
                                 -1- 
 
 
 
  2- 1    whether on the application or any other record, shall be 
  2- 2    destroyed by the department no later than July 1, 1999." 
 
  2- 3                           SECTION 2. 
 
  2- 4  Said chapter is further amended by striking subsection (a) 
  2- 5  of Code Section 40-5-100, relating to issuance, contents, 
  2- 6  and possession of identification cards, and inserting in its 
  2- 7  place the following: 
 
  2- 8    "(a) The Department of Public Safety shall issue personal 
  2- 9    identification cards to all residents as defined in Code 
  2-10    Section 40-5-1 who make application to the department in 
  2-11    accordance with rules and regulations prescribed by the 
  2-12    Board of Public Safety. Cards issued to applicants under 
  2-13    21 years of age shall contain the distinctive 
  2-14    characteristics of drivers' licenses issued pursuant to 
  2-15    Code Section 40-5-26. The identification card shall be 
  2-16    similar in form but distinguishable in color from motor 
  2-17    vehicle drivers' licenses and may contain a recent color 
  2-18    photograph of the applicant and include the following 
  2-19    information: 
 
  2-20      (1) Full legal name; 
 
  2-21      (2) Address of residence; 
 
  2-22      (3) Birth date; 
 
  2-23      (4) Date identification card was issued; 
 
  2-24      (5) Sex; 
 
  2-25      (6) Height; 
 
  2-26      (7) Weight; 
 
  2-27      (8) Eye color; 
 
  2-28      (9) Location where the identification card was issued; 
 
  2-29      (10) Signature of person identified or facsimile 
  2-30      thereof; and 
 
  2-31      (11) Fingerprint of the person identified; and  
 
  2-32      (12) Such other information or identification as 
  2-33      required by the department; provided, however, that the 
  2-34      department shall not require applicants to submit 
  2-35      fingerprints by any means upon application." 
 
 
 
 
 
 
                                 -2- 
 
 
 
  3- 1                           SECTION 3. 
 
  3- 2  Said chapter is further amended by striking subsection (a) 
  3- 3  of Code Section 40-5-171, relating to issuance and contents 
  3- 4  of identification cards for persons with disabilities, and 
  3- 5  inserting in its place the following: 
 
  3- 6    "(a) The Department of Public Safety shall issue personal 
  3- 7    identification cards to persons with disabilities who make 
  3- 8    application to the department in accordance with rules and 
  3- 9    regulations prescribed by the Board of Public Safety. The 
  3-10    identification card for persons with disabilities shall 
  3-11    prominently display the international handicapped symbol 
  3-12    and, in addition to any other information required by this 
  3-13    article, may contain a recent color photograph of the 
  3-14    applicant and the following information: 
 
  3-15      (1) Full legal name; 
 
  3-16      (2) Address of residence; 
 
  3-17      (3) Birth date; 
 
  3-18      (4) Date identification card was issued; 
 
  3-19      (5) Date identification card expires; 
 
  3-20      (6) Sex; 
 
  3-21      (7) Height; 
 
  3-22      (8) Weight; 
 
  3-23      (9) Eye color; 
 
  3-24      (10) Location where the identification card was issued; 
 
  3-25      (11) Signature of person identified or facsimile 
  3-26      thereof; and 
 
  3-27      (12) Fingerprint of person identified; and  
 
  3-28      (13) Such other information as required by the 
  3-29      department; provided, however, that the department shall 
  3-30      not require applicants to submit fingerprints by any 
  3-31      means upon application." 
 
  3-32                           SECTION 4. 
 
  3-33  This Act shall become effective upon its approval by the 
  3-34  Governor or upon its becoming law without such approval. 
 
 
 
 
 
 
                                 -3- 
 
 
 
  4- 1                           SECTION 5. 
 
  4- 2  All laws and parts of laws in conflict with this Act are 
  4- 3  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -4-