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HB 1459 - Drivers' licenses & I. D. cards; prohibit fingerprinting; exception

Kaye, Mitchell (37th)	Ragas, Arnold M (64th)	Joyce, Brian D (1st)
Stuckey, Stephanie (67th)	Franklin, Jr., Robert L (39th)	West, Jack (101st)

Status Summary	HC:	MotV	SC:		FR:	02/15/00	LA:	02/16/00	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 and similar identification of applicants for drivers' licenses without the applicant's consent; to prohibit the requirement of fingerprinting and similar identification of applicants for identification cards issued by the Department of Public Safety without the applicant's consent; and for other purposes.

Code Sections - 40-5-28

HB 1459                                            LC 25 1644 
 
 
 
 
 
 
                        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 and similar identification of applicants for 
  1- 5  drivers' licenses without the applicant's consent; to 
  1- 6  prohibit the requirement of fingerprinting and similar 
  1- 7  identification of applicants for identification cards issued 
  1- 8  by the Department of Public Safety without the applicant's 
  1- 9  consent; to prohibit the requirement of fingerprinting and 
  1-10  similar identification of applicants for identification 
  1-11  cards for persons with disabilities issued by the Department 
  1-12  of Public Safety without the applicant's consent; to specify 
  1-13  the locations at which nonfingerprint drivers' licenses and 
  1-14  identification cards may be obtained upon request and for 
  1-15  notices of such availability; to repeal conflicting laws; 
  1-16  and for other purposes. 
 
  1-17       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-18                           SECTION 1. 
 
  1-19  Chapter 5 of Title 40 of the Official Code of Georgia 
  1-20  Annotated, relating to motor vehicle drivers' licenses, is 
  1-21  amended by striking Code Section 40-5-28, relating to 
  1-22  issuance of licenses and fingerprinting of applicants, and 
  1-23  inserting in its place the following: 
 
  1-24    "40-5-28. 
 
  1-25    The department shall, upon payment of the required fee, 
  1-26    issue to every applicant qualifying therefor a driver's 
  1-27    license indicating the type or general class of vehicles 
  1-28    the licensee may drive, which license shall be upon a form 
  1-29    prescribed by the department and which shall bear thereon 
  1-30    a distinguishing number assigned to the licensee, a color 
  1-31    photograph of the licensee, the licensee's full name, 
  1-32    either a facsimile of the signature of the licensee or a 
  1-33    space upon which the licensee shall write his or her usual 
  1-34    signature with a pen and ink immediately upon receipt of 
 
 
 
                                 -1- 
 
 
 
  2- 1    the license, and such other information or identification 
  2- 2    as is required by the department. No license shall be 
  2- 3    valid until it has been so signed by the licensee. 
  2- 4    Specifically but without limitation, the The department 
  2- 5    may require applicants to submit with the consent of the 
  2- 6    applicant obtain his or her fingerprints by means of an 
  2- 7    inkless fingerprint scanning device or by any other means 
  2- 8    upon application. A nonfingerprint driver's license shall 
  2- 9    be issued to a qualified applicant upon his or her request 
  2-10    at any driver's license examining station, and a sign 
  2-11    informing applicants where and how such nonfingerprint 
  2-12    licenses may be obtained shall be prominently displayed to 
  2-13    applicants at each driver's license renewal station and 
  2-14    examining station." 
 
  2-15                           SECTION 2. 
 
  2-16  Said chapter is further amended by striking subsection (a) 
  2-17  of Code Section 40-5-100, relating to issuance, contents, 
  2-18  and possession of identification cards, and inserting in its 
  2-19  place the following: 
 
  2-20    "(a) The Department of Public Safety shall issue personal 
  2-21    identification cards to all residents as defined in Code 
  2-22    Section 40-5-1 who make application to the department in 
  2-23    accordance with rules and regulations prescribed by the 
  2-24    Board of Public Safety. Cards issued to applicants under 
  2-25    21 years of age shall contain the distinctive 
  2-26    characteristics of drivers' licenses issued pursuant to 
  2-27    Code Section 40-5-26. The identification card shall be 
  2-28    similar in form but distinguishable in color from motor 
  2-29    vehicle drivers' licenses and may contain a recent color 
  2-30    photograph of the applicant and include the following 
  2-31    information: 
 
  2-32      (1) Full legal name; 
 
  2-33      (2) Address of residence; 
 
  2-34      (3) Birth date; 
 
  2-35      (4) Date identification card was issued; 
 
  2-36      (5) Sex; 
 
  2-37      (6) Height; 
 
  2-38      (7) Weight; 
 
  2-39      (8) Eye color; 
 
  2-40      (9) Location where the identification card was issued; 
 
 
                                 -2- 
 
 
 
  3- 1      (10) Signature of person identified or facsimile 
  3- 2      thereof; 
 
  3- 3      (11) Fingerprint of the person identified but only if 
  3- 4      the person identified consents to be fingerprinted for 
  3- 5      such purpose. A nonfingerprint identification card shall 
  3- 6      be issued to a qualified applicant upon his or her 
  3- 7      request at any driver's license examining station, and a 
  3- 8      sign informing applicants where and how such 
  3- 9      nonfingerprint identification cards may be obtained 
  3-10      shall be prominently displayed to applicants at each 
  3-11      driver's license renewal station and examining station; 
  3-12      and 
 
  3-13      (12) Such other information or identification as 
  3-14      required by the department." 
 
  3-15                           SECTION 3. 
 
  3-16  Said chapter is further amended by striking subsection (a) 
  3-17  of Code Section 40-5-171, relating to issuance and contents 
  3-18  of identification cards for persons with disabilities, and 
  3-19  inserting in its place the following: 
 
  3-20      "(a) The Department of Public Safety shall issue 
  3-21      personal identification cards to persons with 
  3-22      disabilities who make application to the department in 
  3-23      accordance with rules and regulations prescribed by the 
  3-24      Board of Public Safety. The identification card for 
  3-25      persons with disabilities shall prominently display the 
  3-26      international handicapped symbol and, in addition to any 
  3-27      other information required by this article, may contain 
  3-28      a recent color photograph of the applicant and the 
  3-29      following information: 
 
  3-30      (1) Full legal name; 
 
  3-31      (2) Address of residence; 
 
  3-32      (3) Birth date; 
 
  3-33      (4) Date identification card was issued; 
 
  3-34      (5) Date identification card expires; 
 
  3-35      (6) Sex; 
 
  3-36      (7) Height; 
 
  3-37      (8) Weight; 
 
  3-38      (9) Eye color; 
 
 
 
                                 -3- 
 
 
 
  4- 1      (10) Location where the identification card was issued; 
 
  4- 2      (11) Signature of person identified or facsimile 
  4- 3      thereof; 
 
  4- 4      (12) Fingerprint of person identified but only if the 
  4- 5      person identified consents to be fingerprinted for such 
  4- 6      purpose. A nonfingerprint identification card shall be 
  4- 7      issued to a qualified applicant upon his or her request 
  4- 8      at any driver's license examining station, and a sign 
  4- 9      informing applicants where and how such nonfingerprint 
  4-10      identification cards may be obtained shall be 
  4-11      prominently displayed to applicants at each driver's 
  4-12      license renewal station and examining station; and 
 
  4-13      (13) Such other information as required by the 
  4-14      department." 
 
  4-15                           SECTION 4. 
 
  4-16  All laws and parts of laws in conflict with this Act are 
  4-17  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -4-