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03 LC 18 2023
House Bill 12
By: Representatives Franklin of the 17th, Joyce of the 2nd, Massey of the 24th, Douglas of the 73rd, Williams of the 4th and others
By: Representatives Franklin of the 17th, Joyce of the 2nd, Massey of the 24th, Douglas of the 73rd, Williams of the 4th and others
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 motor vehicle drivers´ licenses, so as to
change certain provisions relating to definitions; to change certain provisions
relating to issuance of licenses, contents, signature requirements, and
fingerprints; to change certain provisions relating to expiration and renewal of
drivers´ licenses and reexamination requirements; 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 motor vehicle drivers´ licenses, is amended by
striking paragraph (15) of Code Section 40-5-1, relating to definitions, and
inserting in lieu thereof the
following:
"(15) 'Resident' means a person who has a permanent home or abode in Georgia to which, whenever such person is absent, he or she has the intention of returning. For the purposes of this chapter, there is a rebuttable presumption that the following person is a resident:
(A) Any person who accepts employment or engages in any trade, profession, or occupation in Georgia or enters his or her children to be educated in the private or public schools of Georgia within ten days after the commencement of such employment or education; or
(B) Any person who, except for infrequent, brief absences, has been present in the state for 30 or more days;
provided, however, that no person shall be considered a resident for purposes of this chapter unless such person is either a United States citizen or an alien with documented proof of legal authorization from the U.S. Immigration and Naturalization Service."
"(15) 'Resident' means a person who has a permanent home or abode in Georgia to which, whenever such person is absent, he or she has the intention of returning. For the purposes of this chapter, there is a rebuttable presumption that the following person is a resident:
(A) Any person who accepts employment or engages in any trade, profession, or occupation in Georgia or enters his or her children to be educated in the private or public schools of Georgia within ten days after the commencement of such employment or education; or
(B) Any person who, except for infrequent, brief absences, has been present in the state for 30 or more days;
provided, however, that no person shall be considered a resident for purposes of this chapter unless such person is either a United States citizen or an alien with documented proof of legal authorization from the U.S. Immigration and Naturalization Service."
SECTION 2.
Said chapter is further amended by striking Code Section
40-5-28, relating to issuance of licenses, contents, signature requirements, and
fingerprints, and inserting in lieu thereof 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. In addition, any driver´s license issued on or after July 1, 2003, shall indicate whether or not the licensee is a citizen of the United States and, if not, the country of which such person is a citizen. No license shall be valid until it has been so signed by the licensee. Specifically but without limitation, the department may require applicants to submit fingerprints by means of an inkless fingerprint scanning device upon application."
"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. In addition, any driver´s license issued on or after July 1, 2003, shall indicate whether or not the licensee is a citizen of the United States and, if not, the country of which such person is a citizen. No license shall be valid until it has been so signed by the licensee. Specifically but without limitation, the department may require applicants to submit fingerprints by means of an inkless fingerprint scanning device upon application."
SECTION 3.
Said chapter is further amended by striking paragraph (1) of
subsection (a) of Code Section 40-5-32, relating to expiration and renewal of
drivers´ licenses and reexamination requirements, and inserting in lieu
thereof the
following:
"(a)(1) Every driver´s license shall expire on the licensee´s birthday in the fourth year following the issuance of such license, except that any driver´s license issued to an alien shall expire on any earlier expiration date of such person´s legal authorization from the United States Immigration and Naturalization Service to remain in the United States. Every such license shall be renewed on or before its expiration upon application, payment of the required fee, and, if applicable, satisfactory completion of the examination required or authorized by subsection (c) of this Code section."
"(a)(1) Every driver´s license shall expire on the licensee´s birthday in the fourth year following the issuance of such license, except that any driver´s license issued to an alien shall expire on any earlier expiration date of such person´s legal authorization from the United States Immigration and Naturalization Service to remain in the United States. Every such license shall be renewed on or before its expiration upon application, payment of the required fee, and, if applicable, satisfactory completion of the examination required or authorized by subsection (c) of this Code section."
SECTION 4.
All laws and parts of laws in conflict with this Act are
repealed.