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03 LC 31 0176
House Bill 126
By: Representatives Mobley of the 58th, Mangham of the 62nd and Marin of the 66th
By: Representatives Mobley of the 58th, Mangham of the 62nd and Marin of the 66th
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 definitions relative to motor vehicle
drivers´ licenses, so as to change certain provisions relating to the
definition of "resident"; to provide for other identification to be included in
applications for drivers´ licenses; to amend Article 1 of Chapter 11 of
Title 19 of the Official Code of Georgia Annotated, relating to the Child
Support Recovery Act, so as to provide that an applicant for a driver´s
license may provide other forms of identification to the Department of Motor
Vehicle Safety; to provide for related matters; 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 relative
to drivers´ licenses, and inserting in its place 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, thatno person shall
be considered any person´s status as a resident for
purposes of this chapter unless shall be determined without
regard to whether such person is either a United States citizen or an alien
with or without 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
SECTION 2.
Said chapter is further amended in Code Section 40_5_25,
relating to applications and fees for drivers´ licenses, by striking
subsection (c) and inserting in its place the
following:
"(c) Every such application shall state the full name, date of birth, sex, and residence address of the applicant; shall briefly describe the applicant; and shall state whether the applicant has theretofore been licensed as a driver and, if so, when and by what state or country, and whether any such license has ever been suspended, revoked, or refused, and, if so, the date of and reason for such suspension, revocation, or refusal; and shall state such other information as the commissioner may require to determine the applicant´s identity, competence, and eligibility. The application shall include any other identification information as required by paragraph (1) of subsection (a.1) of Code Section 19_11_9.1. The department shall not issue a license until a complete examination of the applicant´s record has been completed. The commissioner may issue such rules and regulations as shall be necessary for the orderly processing of license applications."
"(c) Every such application shall state the full name, date of birth, sex, and residence address of the applicant; shall briefly describe the applicant; and shall state whether the applicant has theretofore been licensed as a driver and, if so, when and by what state or country, and whether any such license has ever been suspended, revoked, or refused, and, if so, the date of and reason for such suspension, revocation, or refusal; and shall state such other information as the commissioner may require to determine the applicant´s identity, competence, and eligibility. The application shall include any other identification information as required by paragraph (1) of subsection (a.1) of Code Section 19_11_9.1. The department shall not issue a license until a complete examination of the applicant´s record has been completed. The commissioner may issue such rules and regulations as shall be necessary for the orderly processing of license applications."
SECTION 3.
Article 1 of Chapter 11 of Title 19 of the Official Code of
Georgia Annotated, relating to the Child Support Recovery Act, is amended by
striking paragraph (1) of subsection (a.1) of Code Section 19_11_9.1, relating
to the duty to furnish information about the obligor to the department, and
inserting in its place the
following:
"(a.1)(1) In accordance with the mandate contained in 42 U.S.C. Section 666(a)(13)(A)and notwithstanding any provision of Title 40 relating to motor vehicles
as now existing or hereafter amended, the Department of Motor Vehicle
Safety shall require an applicant for a driver´s license, a commercial
driver´s license, a learner´s permit, or an identification card to
provide to the Department of Motor Vehicle Safety the applicant´s social
security number as part of the application. Applicants who are not eligible
to receive a social security number may provide to the Department of Motor
Vehicle Safety a federal tax identification number, a matricula consular, or a
certified citizenship or birth document issued by a consulate or embassy in the
United States. The Department of Motor Vehicle Safety shall provide to the
Department of Human Resources, in addition to other information required to be
provided to the Department of Human Resources, such social security numbers
or other forms of identification authorized by this subsection of
individuals who have been issued a driver´s license, a commercial
driver´s license, a learner´s permit, or an identification card. The
Department of Human Resources shall use the information provided by the
Department of Motor Vehicle Safety pursuant to this Code section for the purpose
of complying with the requirements of law concerning the enforcement of child
support."
SECTION 4.
"(a.1)(1) In accordance with the mandate contained in 42 U.S.C. Section 666(a)(13)(A)
SECTION 4.
All laws and parts of laws in conflict with this Act are
repealed.