08 HB1111/SCSFA/2
SENATE
SUBSTITUTE to HB 1111:
AS
PASSED SENATE
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 drivers´ licenses, so as to provide for information to be released by
the Department of Driver Services for purposes of voter registration; to provide
for persons not to be licensed, minimum ages for licensees, school attendance
requirements, and driving training requirements; to provide for driver´s
license fees; to provide for denial or suspension of license for noncompliance
with child support order; to provide for suspension of license or driving
privilege for failure to respond to citation; to provide for a revocation or
suspension of a license to be effective by operation of law; to provide for
limited driving permits; to provide for the issuance of identification cards; to
provide for issuance of a commercial driver´s license; to provide for the
contents of applications for commercial drivers´ licenses; to provide for
the contents of commercial drivers´ licenses; to provide for commercial
driving disqualifications; to provide for penalties for commercial driving
violations; to provide for issuance of identification cards for persons with
disabilities; to provide for related matters; to provide an effective date; 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
drivers´ licenses, is amended in Code Section 40-5-2, relating to keeping
of records of applications for licenses and information on licensees, by
revising paragraph (6) of subsection (f) as follows:
"(6)(A)
The information required to be made available regarding voter registration
pursuant to Code Section 21-2-221 and for the purposes set forth in such Code
section; and
(B)
Information sufficient for use in verifying a registered voter´s identity
by the Secretary of State, the county election superintendent, or the county
registrar, including name, address, date of birth, gender, driver identification
number, photograph, and signature;
and"
SECTION
2.
Said
chapter is further amended in Code Section 40-5-22, relating to persons not to
be licensed, minimum ages for licensees, school attendance requirements, and
driving training requirements, by revising paragraph (2) of subsection (a.1) as
follows:
"(2)
The department shall forthwith notify by certified mail or statutory overnight
delivery, return receipt requested, any minor issued an instruction permit or
driver´s license in accordance with this subsection other than a minor who
has terminated his or her secondary education and is enrolled in a postsecondary
school or who is pursuing a general educational development (GED) diploma that
such minor´s instruction permit or driver´s license is suspended
subject to review as provided for in this subsection if the department receives
notice
pursuant to
Code Section 20-2-701 that indicates that
such minor:
(A)
Has dropped out of school without graduating and has remained out of school for
ten consecutive school days;
(B)
Has ten or more school days of unexcused absences in the current academic year
or ten or more school days of unexcused absences in the previous academic year;
or
(C)
Has been found in violation by a hearing officer, panel, or tribunal of one of
the following offenses, has received a change in placement for committing one of
the following offenses, or has waived his or her right to a hearing and pleaded
guilty to one of the following offenses:
(i)
Threatening, striking, or causing bodily harm to a teacher or other school
personnel;
(ii)
Possession or sale of drugs or alcohol on school property or at a school
sponsored event;
(iii)
Possession or use of a weapon on school property or at a school sponsored event.
For purposes of this
subparagraph
division,
the term 'weapon' shall
be defined
in accordance with
have the same
meaning as in Code Section 16-11-127.1 but
shall not include any part of an archeological or cultural exhibit brought to
school in connection with a school project;
(iv)
Any sexual offense prohibited under Chapter 6 of Title 16; or
(v)
Causing substantial physical or visible bodily harm to or seriously disfiguring
another person, including another student.
Notice
given by certified mail or statutory overnight delivery with return receipt
requested mailed to the person´s last known address shall be prima-facie
evidence that such person received the required notice. Such notice shall
include instructions to the minor to return immediately the instruction permit
or driver´s license to the department and information summarizing the
minor´s right to request an exemption from the provisions of this
subsection. The minor so notified may request in writing a hearing within ten
business days from the date of receipt of notice. Within 30 days after
receiving a written request for a hearing, the department shall hold a hearing
as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act.' After such hearing, the department shall sustain its order of suspension
or rescind such order. The department shall be authorized to grant an exemption
from the provisions of this subsection to a minor, upon such minor´s
petition, if there is clear and convincing evidence that the enforcement of the
provisions of this subsection upon such minor would create an undue hardship
upon the minor or the minor´s family or if there is clear and convincing
evidence that the enforcement of the provisions of this subsection would act as
a detriment to the health or welfare of the minor. Appeal from such hearing
shall be in accordance with said chapter. If no hearing is requested within the
ten business days specified above, the right to a hearing shall have been waived
and the instruction permit or driver´s license of the minor shall remain
suspended. The suspension provided for in this paragraph shall be for a period
of one year or shall end upon the date of such minor´s eighteenth birthday
or, if the
suspension was imposed pursuant to subparagraph (A) of this
paragraph, upon receipt of satisfactory
proof that the minor is pursuing or has received a general educational
development (GED) diploma, a high school diploma, a special diploma, a
certificate of high school completion, or has terminated his or her secondary
education and is enrolled in a postsecondary school, whichever comes
first."
SECTION
3.
Said
chapter is further amended in Code Section 40-5-25, relating to driver´s
license fees, by revising subsection (b) as follows:
"(b)(1)
Each person applying for a Class P commercial or noncommercial instruction
permit for a Class A, B, C, or M driver´s license shall pay the applicable
license fee prior to attempting the knowledge test for the instruction permit
sought. If said person fails to achieve a passing score on the knowledge test,
the license fee paid shall be considered a testing fee and retained by the
department. Any person failing to achieve a passing score on the knowledge test
for an instructional permit shall pay the applicable license fee on each
subsequent attempt until successful, at which time said fee shall be his or her
license fee.
(2)
Each person applying for a Class A or B commercial driver´s license shall
pay the applicable license fee at the time that he or she schedules his or her
appointment for said skills test. If said person fails to appear for his or her
scheduled skills test appointment or fails to achieve a passing score on the
skills test, the license fee paid shall be considered a testing fee and retained
by the department. The person shall pay the applicable license fee on each
subsequent attempt until successful, at which time said fee shall be his or her
license fee. All fees retained by the department pursuant to this Code section
shall be remitted to the general fund.
Reserved."
SECTION
4.
Said
chapter is further amended in Code Section 40-5-54.1, relating to denial or
suspension of license for noncompliance with child support order, by revising
subsections (b) through (e) as follows:
"(b)
The department shall suspend, as provided in Code Sections 19-6-28.1 and
19-11-9.3, the license of any driver upon receiving a record from the agency or
a court of competent jurisdiction stating that such driver is not in compliance
with an order for child support.
The department
shall send notice of any suspension imposed pursuant to this Code section. Such
notice shall be sent via certified mail return receipt requested to the address
reflected on its records as the driver´s mailing address. The mailing of
such notice by the department shall be deemed conclusively to be notice to such
driver of the suspension of his or her driver´s license and shall be deemed
to satisfy all notice requirements of law, and no further notice to the driver
shall be required for the suspensions provided for in this Code
section.
(c)
The suspension or denial of an application for issuance or renewal of a license
shall be for an indefinite period and until such person shall provide proof of
compliance with an order for child support. Such person´s license shall be
reinstated if the person submits proof of compliance with an order for child
support from the agency or court of competent jurisdiction and pays a
restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail
for the return of his or her license.
(d)
Any person who receives notice from the agency that his or her registration is
subject to denial or suspension may request a hearing and appeal as provided for
in Code Section 19-6-28.1 or 19-11-9.3. Notwithstanding any provisions of law
to the contrary, the hearings and appeal procedures provided for in such Code
sections shall be the only such procedures required for purposes of this Code
section.
(e)
A person whose driver´s license has been suspended pursuant to this Code
section may apply to the department for a restricted driving permit as provided
in Code Section
40-5-71."
SECTION
5.
Said
chapter is further amended in Code Section 40-5-56, relating to suspension of
license or driving privilege for failure to respond to citation, by revising
subsection (a) as follows:
"(a)
Notwithstanding any other provisions of this chapter or any other law to the
contrary, the department shall suspend the driver´s license or privilege to
operate a motor vehicle in this state of any person who has failed to respond to
a citation to appear before a court of competent jurisdiction in this state or
in any other state for a traffic violation other than a parking violation.
The department
shall include language in the uniform traffic citation stating that failure to
appear and respond to such citation shall result in the suspension of the
violator´s driver´s license or nonresident driving privilege. The
language reflected on a uniform traffic citation issued in this state shall be
sufficient notice of said suspension to support a conviction for a violation of
Code Section 40-5-121 if such person drives subsequent to the imposition of such
a suspension following his or her failure to appear. Notwithstanding the
foregoing, the department shall send notice of any suspension imposed pursuant
to this Code section. Such notice shall be sent via certified mail return
receipt requested to the address reflected on its records as the person´s
mailing address. The mailing of such notice by the department shall be deemed
conclusively to be notice to such person of the suspension of his or her
driver´s license and shall be deemed to satisfy all notice requirements of
law, and no further notice to the owner shall be required for the suspension
provided for in this Code
section."
SECTION
6.
Said
chapter is further amended by revising Code Section 40-5-60, relating to when a
revocation or suspension of a license is effective, as follows:
"40-5-60.
All
revocations and suspensions provided for in this chapter shall be effective on
the day the driver receives actual knowledge or legal notice thereof, whichever
occurs first. Notice of suspension by operation of law shall be considered
legal notice.
Any license
suspension or revocation mandated in this chapter following a person´s
conviction for any offense, including suspensions due to the accumulation of
points pursuant to Code Section 40-5-57, shall be by operation of
law."
SECTION
7.
Said
chapter is further amended in Code Section 40-5-64, relating to limited driving
permits, by revising subsection (e) as follows:
"(e)
Duration
Fees,
duration, renewal, and
replacement of
permit. A permit issued pursuant to this
Code section shall be $25.00
and shall
be nonrenewable and shall become invalid
upon the driver´s eighteenth birthday in the case of a suspension under
paragraph (2) of subsection (a.1) of Code Section 40-5-22, upon the
expiration of one year following issuance thereof in the case of a suspension
for an offense listed in Code Section 40-5-54 or a suspension under Code Section
40-5-57, or a suspension in accordance with paragraph (1) of subsection (a) of
Code Section 40-5-63 for a violation of Code Section 40-6-391, upon the
expiration of 30 days in the case of an administrative license suspension in
accordance with paragraph (1) of subsection (a) of Code Section 40-5-67.2, or
upon the expiration of six months following proof of installation of an ignition
interlock device in the case of a limited driving permit issued to a person
subject to a court order for installation and use of such a device pursuant to
Article 7 of Chapter 8 of Title 42; except that such limited driving permit
shall expire upon any earlier reinstatement of the driver´s license. A
person may apply to the department for a limited driving permit immediately
following such conviction if he or she has surrendered his or her driver´s
license to the court in which the conviction was adjudged or to the department
if the department has processed the citation or conviction. Upon the
applicant´s execution of an affidavit attesting to such facts and to the
fact that the court had not imposed a suspension or revocation of his or her
driver´s license or driving privileges inconsistent with the driving
privileges to be conferred by the limited driving permit applied for, the
department may issue such person a limited driving permit.
Permits issued
pursuant to this Code section are renewable upon payment of a renewal fee of
$5.00. Permits may be renewed until the person has his or her license
reinstated for the violation that was the basis of the issuance of the permit.
Upon payment of a fee in an amount the same as that provided by Code Section
40-5-25 for issuance of a Class C driver´s license, a person may be issued
a replacement for a lost or destroyed probationary driver´s license issued
to him or her."
SECTION
8.
Said
chapter is further amended in Code Section 40-5-103, relating to fees for the
issuance of identification cards, by adding a new subsection to read as
follows:
"(f)(1)
Every identification card shall be renewed on or before its expiration upon
application, payment of the required fee, and, if applicable, satisfactory
completion of any other requirements imposed by law.
(2)
An application for renewal of an identification card may be submitted
by:
(A)
Personal appearance before the department; or
(B)
Subject to rules or regulations of the department consistent with considerations
of public safety and efficiency of service to identification card holders, means
other than personal appearance which may include, without limitation, by mail or
electronically. The department may by such rules or regulations exempt persons
renewing identification cards under this paragraph from any surrender
requirement imposed under Georgia law.
(3)
Notwithstanding any other provision of this Code section, there shall be no fee
whatsoever for replacement of any identification card solely due to a change of
the identification card holder´s name or address, provided that such
replacement identification card shall be valid only for the remaining period of
such original term; and provided, further, that only one such free replacement
identification card may be obtained within the period for which the
identification card was originally issued. Any application for the replacement
of a lost identification card or due to a change in the identification card
holder´s name or address submitted within 150 days of the expiration of
said identification card shall be treated as an application for renewal subject
to the applicable fees as set forth in this Code section."
SECTION
9.
Said
chapter is further amended in Code Section 40-5-147, relating to requirements
for issuance of a commercial driver´s license or instruction permit, by
revising subsection (d) as follows:
"(d)(1)
A commercial driver´s license or commercial driver´s instruction
permit
may
shall
not be issued to a person while the person is subject to a disqualification from
driving a commercial motor vehicle or while the person´s driver´s
license or driving privilege is suspended, revoked, or canceled in this or any
other licensing jurisdiction; nor may a driver´s license be issued to a
person who has a commercial driver´s license issued by any other state
unless the person first surrenders all driver´s licenses issued by any
other state, which license or licenses shall be returned to the issuing state or
states for cancellation.
(2)
The department shall obtain the driving record of any person who applies for a
commercial driver´s license from any other states in which he or she has
been licensed or convicted. Upon receipt of conviction information for such a
person, said convictions shall become part of the person´s driving record
in the State of Georgia as provided in Code Section 40-5-2. The department
shall review each such person´s prior driving record and impose any
commercial driving disqualification to which such person is subject that was not
imposed by another jurisdiction as required under federal
law."
SECTION
10.
Said
chapter is further amended in Code Section 40-5-149, relating to the contents of
applications for commercial drivers´ licenses, by revising paragraph (1) of
subsection (a) as follows:
"(1)
The full
legal
name and current mailing and residential address of the
person;"
SECTION
11.
Said
chapter is further amended in Code Section 40-5-150, relating to the contents of
commercial drivers´ licenses, by revising subsection (a) as
follows:
"(a)
The commercial driver´s license shall be marked 'Commercial Driver´s
License' or 'CDL' and shall be, to the maximum extent practicable, tamperproof,
and shall include, but not be limited to, the following
information:
(1)
The full
legal name and residential address of the
person;
(2)
The person´s color photograph;
(3)
A physical description of the person, including sex, height, weight, and eye
color;
(4)
Full date of birth;
(5)
The
person´s
social security number if such person has requested the use of such social
security number on such license or another
license
number or identifier
deemed
appropriate
assigned
by the department;
(6)
The person´s signature;
(7)
The class or type of commercial motor vehicle or vehicles which the person is
authorized to drive, together with any endorsements or
restrictions;
(8)
The name of this state;
(9)
The dates between which the license is valid; and
(10)
The license fee and fees for any endorsements."
SECTION
12.
Said
chapter is further amended in Code Section 40-5-151, relating to commercial
driving disqualifications and suspending or revoking licenses, by revising
subparagraphs (g)(1)(A) and (g)(1)(B) and paragraph (4) of subsection (g) as
follows:
"(A)
First violation — a driver who is convicted of a first violation of an
out-of-service order is disqualified for a period of not less than
90
180
days and not more than one year;
(B)
Second violation — a driver who is convicted of two violations of
out-of-service orders in separate incidents is disqualified for a period of not
less than
one
year
two
years and not more than five years;
and"
"(4)
In addition to any other penalty imposed pursuant to this article, any driver
who is convicted of violating an out-of-service order shall be subject to a
civil penalty of not less than
$1,100.00
and not to exceed $2,750.00
$2,500.00 for
a first offense and not less than $5,000.00 for a second or subsequent
offense."
SECTION
13.
Said
chapter is further amended in Code Section 40-5-159, relating to penalties for
commercial driving violations, by revising subsection (d) as
follows:
"(d)
Any employer who knowingly allows, requires, permits, or authorizes a driver to
drive a commercial motor vehicle in violation of any federal, state, or local
law or regulation pertaining to an out-of-service order shall be subject to a
civil penalty in an amount not less than $2,750.00 and not to exceed
$11,000.00
$25,000.00."
SECTION
14.
Said
chapter is further amended in Code Section 40-5-171, relating to issuance and
contents of identification cards for persons with disabilities, by revising
subsection (b) as follows:
"(b)
The identification card for persons with disabilities shall bear the signatures
of the commissioner and the Governor and shall bear an identification card
number which shall not be the same as the applicant´s social security
number,
unless the person specifically requests that the social security number be used,
or, in the case of an individual who is not a citizen of the United States, the
passport number of the person identified or any number the department deems
necessary to implement this Code
section."
SECTION
15.
This
Act shall become effective on January 1, 2009.
SECTION
16.
All
laws and parts of laws in conflict with this Act are repealed.