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| Georgia General Assembly |
HB92.html
House Bill
92
By: Representative Irvin of the 45th
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
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; to provide effective dates; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
PART I
SECTION
1-1.
Chapter 5 of Title 40 of the Official Code of Georgia
Annotated, relating to motor vehicle
drivers´
licenses, is 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
driver´s
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
licensee´s
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 fingerprints by any means of
an inkless fingerprint scanning device upon application. Any
fingerprints obtained by the department upon any application for a
driver´s
license or identification card and in the
department´s
possession, whether on the application or any other record, shall be destroyed
by the department no later than July 1,
2001."
PART II
SECTION
2-1.
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 of Public Safety 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 Board of
Public Safety. Cards issued to applicants under 21 years of age shall contain
the distinctive characteristics of
drivers´
licenses issued pursuant to Code Section 40-5-26. The identification card shall
be similar in form but distinguishable in color from motor vehicle
drivers´
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)(11) Such
other information or identification as required by the department; provided,
however, that the department shall not require applicants to submit fingerprints
by any means upon
application."
SECTION 2-2.
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 of Public Safety shall issue personal identification cards to
persons with disabilities who make application to the department in accordance
with rules and regulations prescribed by the Board of Public Safety. 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; and
(12) Fingerprint
of person identified;
and
(13)(12) Such
other information or identification as required by the department;
provided, however, that the department shall not require applicants to submit
fingerprints by any means upon
application."
PART III
SECTION
3-1.
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
drivers´
licenses issued pursuant to Code Section 40-5-26. The identification card shall
be similar in form but distinguishable in color from motor vehicle
drivers´
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)(11) Such
other information or identification as required by the department; provided,
however, that the department shall not require applicants to submit fingerprints
by any means upon
application."
SECTION 3-2.
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; and
(12) Fingerprint
of person identified;
and
(13)(12) Such
other information or identification as required by the department;
provided, however, that the department shall not require applicants to submit
fingerprints by any means upon
application."
PART IV
SECTION
4-1.
(a) This Act shall become effective upon its approval
by the Governor or upon its becoming law without such approval, except as
otherwise provided by subsection (b) of this
section.
(b) Part III of this Act shall become
effective and supersede Part II of this Act on July 1, 2001, or on such date
thereafter as Act Number 737 of the 2000 regular session of the General Assembly
becomes fully effective pursuant to Ga. L. 2000, p. 951, Section 13-1, paragraph
(4), whichever last occurs.
SECTION 4-2.
All laws and parts of laws in conflict with this Act are
repealed.