08 LC 35
0648
House
Bill 971
By:
Representatives Bridges of the
10th,
Day of the
163rd,
Talton of the
145th,
Ralston of the
7th,
and Everson of the
106th
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 that a driver´s license issued
by another state to an alien illegally present in the United States shall not be
recognized as valid in the State of Georgia; to provide a definition; to provide
that an illegal alien who displays a driver´s license issued by another
state to a law enforcement officer as authorization to drive a motor vehicle in
this state shall commit a misdemeanor offense; 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 40-5-1, relating to
definitions applicable to drivers´ licenses, by renumbering paragraph (10)
as paragraph (11) and adding a new paragraph (10) as follows:
"(10)
'Illegal alien' means a person who is not a United States citizen or who is not
authorized by the federal government to be lawfully present in the United
States."
SECTION
2.
Said
chapter is further amended in Code Section 40-5-2, relating to keeping records
of applications for licenses and information on licensees, by revising paragraph
(2) of subsection (a) as follows:
"(2)
Drivers´ records received from other jurisdictions. Upon receipt of such
driver´s record, it shall become a part of such driver´s record in
this state and shall have the same force and effect as though entered on the
driver´s record in this state in the original instance;
provided,
however, that any record received from another state documenting the issuance of
a driver´s license to an illegal alien or otherwise purporting to authorize
an illegal alien to drive a motor vehicle shall not be recognized or given any
force or effect in the State of Georgia;
and"
SECTION
3.
Said
chapter is further amended in Code Section 40-5-5, relating to the authority of
the Governor to execute binding reciprocal agreements regarding the operation of
motor vehicles with other states and territories, by adding a new subsection (c)
as follows:
"(c)
Nothing in this Code section shall authorize the Governor to enter into any
agreement or establish any rule or regulation that permits or requires a state
agency or political subdivision of this state to recognize or accept as valid
any driver´s license issued to an illegal alien by another state, district,
or territory of the United States. Any such agreement shall be considered null
and void. No state agency or political subdivision of this state shall be
authorized to accept a driver´s license issued to an illegal alien by
another state as authority for operating any motor vehicle in this
state."
SECTION
4.
Said
chapter is further amended in Code Section 40-5-20, relating to the requirement
of a license to operate a motor vehicle in this state, by revising subsection
(a) as follows:
"(a)
No person, except those expressly exempted in this chapter, shall drive any
motor vehicle upon a highway in this state unless such person has a valid
driver´s license under this chapter for the type or class of vehicle being
driven. A
license issued to an illegal alien shall not be a valid driver´s license
under this chapter and shall not authorize any person to operate a motor vehicle
in this state. Any person who is a
resident of this state for 30 days shall obtain a Georgia driver´s license
before operating a motor vehicle in this state."
SECTION
5.
Said
chapter is further amended in Code Section 40-5-21, relating to exemptions to
the requirement that drivers of motor vehicles have a valid driver´s
license by revising paragraph (2) of subsection (a) as follows:
"(2)
A nonresident who is at least 16 years of
age, either a
United States citizen or an alien with legal authorization from the federal
government to be present in the United
States, and who has in his or her
immediate possession a valid license issued to him or her in his or her home
state or country; provided, however, that any restrictions which would apply to
a Georgia driver´s license as a matter of law would apply to the privilege
afforded to the out-of-state license;"
SECTION
6.
Said
chapter is further amended in Code Section 40-5-120, relating to unlawful use of
a driver´s license or identification card, by renumbering paragraphs (3)
and (4) as paragraphs (4) and (5) and adding a new paragraph (3) as
follows:
"(3)
Display or cause or permit to be displayed to a law enforcement officer a
driver´s license issued to an illegal alien as authorization to drive a
motor vehicle in this state;"
SECTION
7.
Said
chapter is further amended in Code Section 40-5-142, relating to definitions
applicable to the Uniform Commercial Driver´s License Act, by revising
paragraph (13) as follows:
"(13)
'Driver´s license' means a license issued by a state to any individual
which authorizes the individual to drive a motor
vehicle;
provided, however, a license issued to an illegal alien shall not be recognized
as a valid driver´s license by this state or any agency or political
subdivision of this state nor shall any license issued to an illegal alien
authorize an individual to drive a motor vehicle in this
state."
SECTION
8.
Said
chapter is further amended in Code Section 40-5-142, relating to definitions
applicable to the Uniform Commercial Driver´s License Act, by revising
paragraph (20) as follows:
"(20)
'Nonresident commercial driver´s license' means a commercial driver´s
license issued by a state to any individual who resides in a foreign
jurisdiction;
provided, however, a license issued to an illegal alien shall not be recognized
as a valid driver´s license by this state or any agency or political
subdivision of this state nor shall any license issued to an illegal alien
authorize an individual to drive a motor vehicle in this
state."
SECTION
9.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
10.
All
laws and parts of laws in conflict with this Act are repealed.