{"id":4623,"date":"2014-11-16T12:37:50","date_gmt":"2014-11-16T17:37:50","guid":{"rendered":"http:\/\/thedustininmansociety.com\/blog\/?p=4623"},"modified":"2014-11-17T10:36:53","modified_gmt":"2014-11-17T15:36:53","slug":"the-georgia-road-safety-and-drivers-license-integrity-act-2015-session","status":"publish","type":"post","link":"https:\/\/www.thedustininmansociety.org\/blog\/2014\/11\/16\/the-georgia-road-safety-and-drivers-license-integrity-act-2015-session\/","title":{"rendered":"TEXT of The Georgia Road Safety and Drivers License Integrity Act &#8211; 2015 Session"},"content":{"rendered":"<p>LC 41 0288 <\/p>\n<p><strong>The Georgia Road Safety and Drivers License Integrity Act &#8211; 2015 Session   <\/strong><\/p>\n<p>Pre-filed as SB 6 November 17, 2014 Georgia state Senator Josh McKoon, sponsor<\/p>\n<p>A BILL TO BE ENTITLED AN ACT<br \/>\n1  To amend Chapters 5, 11, and 16 of Title 40 of the Official Code of Georgia Annotated, \u2028<br \/>\n2  relating to drivers&#8217; licenses, abandoned motor vehicles, and the Department of Driver \u2028<br \/>\n3  Services, respectively, so as to provide that persons who possess a lawful alien status are the \u2028<br \/>\n4  only category of noncitizens who may obtain a license, permit, or card; to provide for \u2028<br \/>\n5  definitions; to provide for the storing and furnishing of information on records of noncitizens \u2028<br \/>\n6  by the Department of Driver Services; to require the Department of Driver Services to obtain \u2028<br \/>\n7  fingerprints or another biological characteristic from noncitizen applicants prior to the \u2028<br \/>\n8  issuance of a temporary license, permit, or special identification card; to provide that a \u2028<br \/>\n9  temporary license, permit, or special identification card issued to a noncitizen shall bear \u2028<br \/>\n10  thereon the fingerprint of the noncitizen applicant; to provide for penalties; to revise penalties \u2028<br \/>\n11  for the offense of driving while license is suspended or revoked; to provide that any motor \u2028<br \/>\n12  vehicle operated by a person without a license may be subject to removal at the discretion \u2028<br \/>\n13  of any peace officer; to provide that such motor vehicles shall not be released for 60 days; \u2028<br \/>\n14  to provide for exceptions; to provide for return of the vehicle; to require the Department of \u2028<br \/>\n15  Driver Services to participate in the Records and Information from DMVs for E-Verify \u2028<br \/>\n16  initiative of the United States Department of Homeland Security; to provide for related \u2028<br \/>\n17  matters; to repeal conflicting laws; and for other purposes. \u2028<\/p>\n<p>18  <strong>BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA<\/strong>: \u2028<\/p>\n<p>19  SECTION 1. \u2028<br \/>\n20  Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers&#8217; licenses, \u2028<br \/>\n21  is amended by revising paragraphs (11), (13.5), and (15) of Code Section 40-5-1, relating to \u2028<br \/>\n22  definitions, as follows: \u2028<br \/>\n23  4(11) &#8216;Lawful alien status&#8217; means an alien status provided for by the federal Immigration \u2028<br \/>\n24  and Nationality Act or any other provision by the United States Congress; provided, \u2028<br \/>\n25  however, that lawful alien status shall not include a grant of any deferred deportation \u2028<br \/>\n26  action from the United States Department of Homeland Security Reserved.4 \u2028<br \/>\nLC 41 0288<br \/>\n-1 &#8211;<br \/>\n27  4(13.5) &#8216;Personal information&#8217; means any information that identifies a person, including \u2028<br \/>\n28  but not limited to an individual&#8217;s fingerprint or other biological characteristic which shall \u2028<br \/>\n29  include without limitation deoxyribonucleic acid (DNA) and retinal scan identification \u2028<br \/>\n30  characteristics, photograph, or computerized image, social security number, driver \u2028<br \/>\n31  identification number, name, address (other than five-digit ZIP Code), telephone number, \u2028<br \/>\n32  and medical or disability information.4 \u2028<br \/>\n33  4(15) &#8216;Resident&#8217; means a person who has a permanent home or abode in Georgia to \u2028<br \/>\n34  which, whenever such person is absent, he or she has the intention of returning. For the \u2028<br \/>\n35  purposes of this chapter, there is a rebuttable presumption that the following person is a \u2028<br \/>\n36  resident: \u2028<br \/>\n37  (A) Any person who accepts employment or engages in any trade, profession, or \u2028<br \/>\n38  occupation in Georgia or enters his or her children to be educated in the private or \u2028<br \/>\n39  public schools of Georgia within ten days after the commencement of such employment \u2028<br \/>\n40  or education; or \u2028<br \/>\n41  (B) Any person who, except for infrequent, brief absences, has been present in the state \u2028<br \/>\n42  for 30 or more days; \u2028<br \/>\n43  provided, however, that no person shall be considered a resident for purposes of this \u2028<br \/>\n44  chapter unless such person is either a United States citizen or an alien with legal \u2028<br \/>\n45  authorization from the U.S. Immigration and Naturalization Service present in the United \u2028<br \/>\n46  States pursuant to a lawful alien status.4 \u2028<\/p>\n<p>47  SECTION 2. \u2028<br \/>\n48  Said chapter is further amended by revising subsections (e) and (k) of Code Section 40-5-2, \u2028<br \/>\n49  relating to keeping of records of applications for licenses and information on licenses and the \u2028<br \/>\n50  furnishing of information on records, as follows: \u2028<br \/>\n51  4(e) Upon written request or participation in verification programs of the United States \u2028<br \/>\n52  Department of Homeland Security, including without limitation the initiative provided for \u2028<br \/>\n53  under Code Section 40-16-9, the department may provide copies of any record or personal \u2028<br \/>\n54  information from any driver&#8217;s record for use by any appropriate governmental official, \u2028<br \/>\n55  entity, or agency for the purposes of carrying out official governmental functions or \u2028<br \/>\n56  legitimate governmental duties; provided, however, that notwithstanding the definition of \u2028<br \/>\n57  personal information under Code Section 40-5-1, personal information furnished under this \u2028<br \/>\n58  subsection shall be limited to name, address, driver identification number, and medical or \u2028<br \/>\n59  disability information, except for personal information related to a temporary license, \u2028<br \/>\n60  permit, or special identification card issued to a noncitizen pursuant to Code Section \u2028<br \/>\n61  40-5-21.1 which shall not be so limited.4 \u2028<br \/>\nLC 41 0288 <\/p>\n<p>-2 &#8211;<br \/>\n62  4(k)(1) The department, pursuant to rules and regulations promulgated by the \u2028<br \/>\n63  commissioner, may periodically review all records maintained pursuant to this Code \u2028<br \/>\n64  section and shall correct those records which contain known improper, false, fraudulent, \u2028<br \/>\n65  or invalid information. \u2028<br \/>\n66  (2) Not later than July 31, 2006, the department shall destroy all records of fingerprints \u2028<br \/>\n67  obtained on and after April 15, 1996, and prior to July 1, 2006, from applicants for \u2028<br \/>\n68  drivers&#8217; licenses, identification cards, and identification cards for persons with disabilities \u2028<br \/>\n69  issued by the department and shall compile and make available for public inspection a list \u2028<br \/>\n70  of all persons or entities to whom the department provided such fingerprint records. \u2028<br \/>\n71  Notwithstanding the provisions of this paragraph, and except as provided for under Code \u2028<br \/>\n72  Sections 40-5-21.1, fingerprint images electronically stored on existing drivers&#8217; licenses \u2028<br \/>\n73  will be destroyed upon application for a renewal of the driver&#8217;s license.4 \u2028<\/p>\n<p>74  SECTION 3. \u2028<br \/>\n75  Said chapter is further amended by revising Code Section 40-5-21.1, relating to temporary \u2028<br \/>\n76  licenses, permits, or special identification cards, foreign licenses or identification cards as \u2028<br \/>\n77  evidence of legal presence in the United States, and extensions, as follows: \u2028<br \/>\n78  440-5-21.1. \u2028<br \/>\n79  (a) Notwithstanding any other provision of this title and subject to subsection (d) of this \u2028<br \/>\n80  Code section, an applicant who presents in person valid documentary evidence of: \u2028<br \/>\n81  (1) Admission to the United States in a valid, unexpired nonimmigrant status; \u2028<br \/>\n82  (2) A pending or approved application for asylum in the United States; \u2028<br \/>\n83  (3) Admission into the United States in refugee status; \u2028<br \/>\n84  (4) An approved application for temporary protected status in the United States; \u2028<br \/>\n85  (5) Approved deferred action status; \u2028<br \/>\n86  (6) Other federal documentation verified by the United States Department of Homeland \u2028<br \/>\n87  Security to be valid documentary evidence of lawful presence in the United States under \u2028<br \/>\n88  federal immigration law alien status; or \u2028<br \/>\n89  (7)(6) Verification of lawful presence alien status as provided by Code Section 40-5-21.2 \u2028<br \/>\n90  may be issued a temporary license, permit, or special identification card. Such temporary \u2028<br \/>\n91  license, permit, or special identification card shall be valid only during the period of time \u2028<br \/>\n92  of the applicant&#8217;s authorized stay in the United States or five years, whichever occurs first. \u2028<br \/>\n93  (b) A driver&#8217;s license or identification card issued by any state or territory which, on or \u2028<br \/>\n94  after July 1, 2006, authorized such driver&#8217;s license or identification card to be issued to \u2028<br \/>\n95  persons not lawfully present in the United States who do not have a lawful alien status may \u2028<br \/>\n96  not be accepted as evidence of legal presence in the United States lawful alien status. \u2028<br \/>\nLC 41 0288<br \/>\n    97  (c) Any noncitizen applicant who possesses a lawful alien status and whose Georgia \u2028<br \/>\n98  driver&#8217;s license or identification card has expired, or will expire within 30 days, and who \u2028<br \/>\n99  has filed, or on whose behalf has been filed, a request for an extension with the United \u2028<br \/>\n100  States Department of Homeland Security, or similar such federal issuing agency, for time \u2028<br \/>\n101  to remain lawfully within the United States shall be issued a temporary driving permit or \u2028<br \/>\n102  identification card valid for 120 days from the date of the expiration of his or her valid \u2028<br \/>\n103  driver&#8217;s license or identification card. The noncitizen applicant shall be required to present \u2028<br \/>\n104  evidence of the application for extension by submitting a copy or copies of documentation \u2028<br \/>\n105  designated by the department. A temporary driving permit or identification card shall be \u2028<br \/>\n106  issued upon submission of the required documentation and an application fee in an amount \u2028<br \/>\n107  to be determined by the department. Upon the expiration of the temporary driving permit \u2028<br \/>\n108  or identification card, no further consecutive temporary permits or identification cards shall \u2028<br \/>\n109  be authorized; provided, however, that application may be made following the expiration \u2028<br \/>\n110  of an additional valid Georgia driver&#8217;s license or identification card. \u2028<br \/>\n111  (d)(1) On or after July 1, 2015, prior to the issuance of a temporary license, permit, or \u2028<br \/>\n112  special identification card under subsection (a) of this Code section, the department shall \u2028<br \/>\n113  obtain a fingerprint or other biological characteristic of the applicant. On or after July 1, \u2028<br \/>\n114  2015, prior to the issuance of a temporary driving permit or identification card under \u2028<br \/>\n115  subsection (c) of this Code section, the department shall obtain a fingerprint or other \u2028<br \/>\n116  biological characteristic of the applicant if such fingerprint or other biological \u2028<br \/>\n117  characteristic was not obtained from such applicant upon the issuance of a temporary \u2028<br \/>\n118  license, permit, or special identification card under subsection (a) of this Code section. \u2028<br \/>\n119  (2) The fingerprint provided for under paragraph (1) of this subsection shall be of the \u2028<br \/>\n120  applicant&#8217;s index finger on his or her right hand; provided, however, that if such \u2028<br \/>\n121  applicant&#8217;s index finger on his or her right hand is missing or not suitable for \u2028<br \/>\n122  fingerprinting, then such fingerprint shall be of the applicant&#8217;s index finger on his or her \u2028<br \/>\n123  left hand. The commissioner shall promulgate rules and regulations for obtaining a \u2028<br \/>\n124  biological characteristic, including without limitation deoxyribonucleic acid (DNA) or \u2028<br \/>\n125  retinal scan identification characteristics, of such applicants who have no fingers for \u2028<br \/>\n126  fingerprinting. \u2028<br \/>\n127  (3) In addition to the requirements provided for under Code Section 40-5-28, a \u2028<br \/>\n128  temporary license, permit, or special identification card issued pursuant to this Code \u2028<br \/>\n129  section on or after January 1, 2016, shall bear thereon the fingerprint as obtained from the \u2028<br \/>\n130  applicant under this subsection with a notation as to which finger the fingerprint \u2028<br \/>\n131  represents; provided, however, that if a biological characteristic other than a fingerprint \u2028<br \/>\n132  has been obtained from the applicant, then the type of biological characteristic that has \u2028<br \/>\n133  been obtained from the applicant shall be noted on such license, permit, or card.4 \u2028<br \/>\nLC 41 0288 <\/p>\n<p>134  SECTION 4. \u2028<br \/>\n135  Said chapter is further amended by revising subsection (b) of Code Section 40-5-21.2, \u2028<br \/>\n136  relating to compliance with the Systematic Alien Verification for Entitlements Program, \u2028<br \/>\n137  application, and implementation, as follows: \u2028<br \/>\n138  4(b) The department shall utilize the following procedures in this subsection before issuing \u2028<br \/>\n139  an identification card, license, permit, or other official document to an applicant who is a \u2028<br \/>\n140  noncitizen: \u2028<br \/>\n141  (1) The department shall attempt to confirm through the SAVE program that the \u2028<br \/>\n142  applicant is lawfully present in the United States possesses a lawful alien status; and \u2028<br \/>\n143  (2) If the SAVE program does not provide sufficient information to the department to \u2028<br \/>\n144  make a determination, the department shall be authorized to accept verbal or, e-mail, or \u2028<br \/>\n145  other means of confirmation of the legal alien status of the applicant from the Department \u2028<br \/>\n146  of Homeland Security and shall require such applicant to execute a signed and sworn \u2028<br \/>\n147  affidavit verifying that he or she possesses a lawful alien status and is not a current \u2028<br \/>\n148  recipient of a grant of deferred action from the United States Department of Homeland \u2028<br \/>\n149  Security. Any person who knowingly and willfully makes a false, fictitious, or fraudulent \u2028<br \/>\n150  statement of representation in an affidavit executed pursuant to this Code section shall \u2028<br \/>\n151  be guilty of a violation of Code Section 16-10-20.4 \u2028<\/p>\n<p>152  SECTION 5. \u2028<br \/>\n153  Said chapter is further amended by revising subsection (a) of Code Section 40-5-28, relating \u2028<br \/>\n154  to the issuance of licenses and contents, as follows: \u2028<br \/>\n155  4(a) Except as provided in subsection (c) of this Code section, the department shall, upon \u2028<br \/>\n156  payment of the required fee, issue to every applicant qualifying therefor a driver&#8217;s license \u2028<br \/>\n157  indicating the type or general class of vehicles the licensee may drive, which license shall \u2028<br \/>\n158  be upon a form prescribed by the department and which shall bear thereon a distinguishing \u2028<br \/>\n159  number assigned to the licensee, a color photograph of the licensee, the licensee&#8217;s full legal \u2028<br \/>\n160  name, either a facsimile of the signature of the licensee or a space upon which the licensee \u2028<br \/>\n161  shall write his or her usual signature with a pen and ink immediately upon receipt of the \u2028<br \/>\n162  license, and such other information or identification as is required by the department. No \u2028<br \/>\n163  license shall be valid until it has been so signed by the licensee. Except as provided for \u2028<br \/>\n164  under Code Section 40-5-21.1, the The department shall not require applicants to submit \u2028<br \/>\n165  or otherwise obtain from applicants any fingerprints or any other biological characteristic \u2028<br \/>\n166  or information which uniquely identifies an individual, including without limitation \u2028<br \/>\n167  deoxyribonucleic acid (DNA) and retinal scan identification characteristics but not \u2028<br \/>\n168  including a photograph, by any means upon application.4 \u2028<br \/>\nLC 41 0288 <\/p>\n<p>169  SECTION 6. \u2028<br \/>\n170  Said chapter is further amended by revising subsection (a) of Code Section 40-5-121, relating \u2028<br \/>\n171  to driving while license is suspended or revoked, as follows: \u2028<br \/>\n172  4(a) Except when a license has been revoked under Code Section 40-5-58 as a habitual \u2028<br \/>\n173  violator, any person who drives a motor vehicle on any public highway of this state without \u2028<br \/>\n174  being licensed as required by subsection (a) of Code Section 40-5-20 or at a time when his \u2028<br \/>\n175  or her privilege to so drive is suspended, disqualified, or revoked shall be guilty of a \u2028<br \/>\n176  misdemeanor for a first conviction thereof and, upon a first conviction thereof or plea of \u2028<br \/>\n177  nolo contendere within five years, as measured from the dates of previous arrests for which \u2028<br \/>\n178  convictions were obtained to the date of the current arrest for which a conviction is \u2028<br \/>\n179  obtained or a plea of nolo contendere is accepted, shall be fingerprinted and shall be \u2028<br \/>\n180  punished by imprisonment for not less than two days nor more than 12 months, and there \u2028<br \/>\n181  may be imposed in addition thereto a fine of not less than $500.00 $1,000.00 nor more than \u2028<br \/>\n182  $1,000.00 $2,500.00. Such fingerprints, taken upon conviction, shall be forwarded to the \u2028<br \/>\n183  Georgia Crime Information Center where an identification number shall be assigned to the \u2028<br \/>\n184  individual for the purpose of tracking any future violations by the same offender. For the \u2028<br \/>\n185  second and third conviction within five years, as measured from the dates of previous \u2028<br \/>\n186  arrests for which convictions were obtained or pleas of nolo contendere were accepted to \u2028<br \/>\n187  the date of the current arrest for which a conviction is obtained or a plea of nolo contendere \u2028<br \/>\n188  is accepted, such person shall be guilty of a high and aggravated misdemeanor and shall \u2028<br \/>\n189  be punished by imprisonment for not less than ten days nor more than 12 months, and there \u2028<br \/>\n190  may be imposed in addition thereto a fine of not less than $1,000.00 $2,500.00 nor more \u2028<br \/>\n191  than $2,500.00 $5,000.00. For the third and fourth convictions or a subsequent conviction \u2028<br \/>\n192  within five years, as measured from the dates of previous arrests for which convictions \u2028<br \/>\n193  were obtained or pleas of nolo contendere were accepted to the date of the current arrest \u2028<br \/>\n194  for which a conviction is obtained or a plea of nolo contendere is accepted, such person \u2028<br \/>\n195  shall be guilty of a felony and shall be punished by imprisonment for not less than one year \u2028<br \/>\n196  and one week nor more than five years, and there may be imposed in addition thereto a fine \u2028<br \/>\n197  of not less than $2,500.00 $5,000.00 nor more than $5,000.00 $10,000.00.4 \u2028<\/p>\n<p>198  SECTION 7. \u2028<br \/>\n199  Said chapter is further amended by adding a new Code section to read as follows: \u2028<br \/>\n200  440-5-126. \u2028<br \/>\n201  (a) When a person is driving a motor vehicle without being licensed as required by \u2028<br \/>\n202  subsection (a) of Code Section 40-5-20, the arresting peace officer may, except in an \u2028<br \/>\n203  emergency, cause the motor vehicle being operated by such person to be removed and \u2028<br \/>\n204  impounded pursuant to subsection (b.1) of Code Section 40-11-3. All provisions of \u2028<br \/>\nLC 41 0288<br \/>\n                205  Chapter 11 of this title which are applicable to vehicles removed by law enforcement \u2028<br \/>\n206  officers, including but not limited to lien procedures, shall apply to the release or disposal \u2028<br \/>\n207  of such impounded vehicle; provided, however, that such vehicle shall not be released until \u2028<br \/>\n208  the expiration of 60 days after such vehicle has been removed and impounded; and \u2028<br \/>\n209  provided, further, that when such vehicle is released, such vehicle shall be released to the \u2028<br \/>\n210  owner or the owner&#8217;s spouse, child, or parent upon proof of relationship to the owner so \u2028<br \/>\n211  long as such person displays an unexpired driver&#8217;s license and complies with the applicable \u2028<br \/>\n212  provisions of Chapter 11 of this title. \u2028<br \/>\n213  (b)(1) The owner of a motor vehicle which has been removed and impounded pursuant \u2028<br \/>\n214  to subsection (a) of this Code section shall have the right to request a hearing in the \u2028<br \/>\n215  superior court of the county in which such motor vehicle has been removed and \u2028<br \/>\n216  impounded within ten days of receiving notice of the removal and impoundment of such \u2028<br \/>\n217  vehicle as provided for in this subsection. Within five days of such request, the superior \u2028<br \/>\n218  court shall conduct a hearing to determine the validity of, or to consider any mitigating \u2028<br \/>\n219  circumstances attendant to, the removal and impoundment of such vehicle. The superior \u2028<br \/>\n220  court may order the release of such vehicle prior to the expiration of the time provided \u2028<br \/>\n221  for in subsection (a) of this Code section; provided, however, that such owner shall \u2028<br \/>\n222  remain liable for all storage fees associated with the removal and impoundment of such \u2028<br \/>\n223  vehicle. \u2028<br \/>\n224  (2)(A) When the arresting peace officer causes a motor vehicle to be removed and \u2028<br \/>\n225  impounded pursuant to subsection (a) of this Code section, the law enforcement agency \u2028<br \/>\n226  of the arresting peace officer shall, within 72 hours from the time of removal and \u2028<br \/>\n227  impoundment, provide the vehicle&#8217;s owner with notice, by personal service, certified \u2028<br \/>\n228  or registered mail, or statutory overnight delivery, of such removal and impoundment. \u2028<br \/>\n229  (B) The notice provided for in subparagraph (A) of this paragraph shall include: \u2028<br \/>\n230  (i) The name, address, and telephone number of the law enforcement agency \u2028<br \/>\n231  providing the notice; \u2028<br \/>\n232  (ii) The name and location of the place of storage of such vehicle; \u2028<br \/>\n233  (iii) The description of such vehicle, which shall include, if determinative, such \u2028<br \/>\n234  vehicle&#8217;s license plate number and vehicle identification number; \u2028<br \/>\n235  (iv) The authority and purpose for the removal and impoundment of such vehicle, \u2028<br \/>\n236  including a statement that, pursuant to this Code section, such vehicle shall not be \u2028<br \/>\n237  released until the expiration of 60 days after such vehicle has been removed and \u2028<br \/>\n238  impounded; and \u2028<br \/>\n239  (v) A statement that such owner has the right to receive a hearing in the superior \u2028<br \/>\n240  court of the county in which such motor vehicle has been removed and impounded to \u2028<br \/>\n241  contest the validity of such removal and impoundment or to offer mitigating \u2028<br \/>\nLC 41 0288<br \/>\n-7 &#8211;<br \/>\n242<br \/>\n243<br \/>\n244<br \/>\n245<br \/>\n246<br \/>\n247<br \/>\n248<br \/>\n249<br \/>\n250<br \/>\n251<br \/>\n252<br \/>\n253<br \/>\n254<br \/>\n255<br \/>\n256 SYSTEM INCOMPATIBLE HERE<br \/>\n257<br \/>\n258<br \/>\n259<br \/>\n260<br \/>\n261<br \/>\n262<br \/>\n263<br \/>\n264<br \/>\n265<br \/>\n266<br \/>\n267<br \/>\n268<br \/>\n269<br \/>\n270<br \/>\n271<br \/>\n272<br \/>\n273<br \/>\n274<br \/>\n275<br \/>\n276<br \/>\ncircumstances for the release of such motor vehicle prior to the expiration of the time for the hold of such motor vehicle if such owner requests a hearing in such superior court within ten days of such notice.<br \/>\n(C) The failure of such owner to request a hearing or to attend a scheduled hearing<br \/>\nshall satisfy the requirements of this subsection.\u2028(3) If a law enforcement agency fails to provide notice as required by this subsection within 72 hours from the time of removal and impoundment, the motor vehicle shall be available for immediate release to the owner of such motor vehicle and such law enforcement agency shall be liable for all storage fees associated with the removal and impoundment of such vehicle.\u2028(4) This subsection shall not apply when the name and address of the last known registered owner of the motor vehicle is unable to be obtained pursuant to the procedures provided for in Code Section 40-11-3.<br \/>\n(c) This Code section shall not apply to:\u2028(1) A person driving with an expired license; provided, however, that such person possesses a lawful alien status pursuant to Chapter 5 of this title;\u2028(2) A first offense committed by an unlicensed driver who is 15 years of age or younger; provided, however, that such unlicensed driver possesses a lawful alien status pursuant to Chapter 5 of this title; or\u2028(3) A person exempted under Code Section 40-5-21.4 <\/p>\n<p>SECTION 8.<br \/>\nChapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, is amended by revising subparagraph (C) of paragraph (1) of Code Section 40-11-1, relating to definitions, as follows:<br \/>\n4(C) Which has been lawfully towed onto the property of another at the request of a law enforcement officer and left there for a period of not less than 30 days, or left there for a period of not less than 90 days if the conditions of Code Section 40-5-126 are applicable, without anyone having paid all reasonable current charges for such towing and storage;4 <\/p>\n<p>SECTION 9.<br \/>\nSaid chapter is further amended by revising subsection (d) of Code Section 40-11-2, relating to duty of person removing or storing motor vehicle, as follows:<br \/>\n4(d) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined not to be a stolen vehicle or is not a vehicle being repaired by a repair facility or is not being stored by an insurance company providing insurance to<br \/>\nLC 41 0288 <\/p>\n<p>-8 &#8211;<br \/>\n277  cover damages to the vehicle, the person removing or storing such motor vehicle shall, \u2028<br \/>\n278  within seven calendar days of the day such motor vehicle was removed or one business day \u2028<br \/>\n279  after the information is furnished to the remover or storer pursuant to subsection (a) or (b) \u2028<br \/>\n280  of this Code section, whichever is later, notify all owners, if known, by written \u2028<br \/>\n281  acknowledgment signed thereby or by certified or registered mail or statutory overnight \u2028<br \/>\n282  delivery, of the location of such motor vehicle, the fees connected with removal and \u2028<br \/>\n283  storage of such motor vehicle, and the fact that such motor vehicle will be deemed \u2028<br \/>\n284  abandoned under this chapter unless the owner, security interest holder, or lienholder \u2028<br \/>\n285  redeems such motor vehicle within 30 days of the day such vehicle was removed or, if the \u2028<br \/>\n286  conditions of Code Section 40-5-126 are applicable, within 90 days of the day such motor \u2028<br \/>\n287  vehicle was removed and impounded.4 \u2028<\/p>\n<p>288  SECTION 10. \u2028<br \/>\n289  Said chapter is further amended by adding a new subsection to Code Section 40-11-3, \u2028<br \/>\n290  relating to when peace officers may remove vehicles from public property and notification \u2028<br \/>\n291  requirements, to read as follows: \u2028<br \/>\n292  4(b.1) Except as provided for by Code Section 40-5-126, any peace officer who finds a \u2028<br \/>\n293  person driving a motor vehicle without being licensed as required by subsection (a) of \u2028<br \/>\n294  Code Section 40-5-20 shall be authorized to cause such motor vehicle to be removed \u2028<br \/>\n295  immediately to a garage or other place of safety.4 \u2028<\/p>\n<p>296  SECTION 11. \u2028<br \/>\n297  Chapter 16 of Title 40 of the Official Code of Georgia Annotated, relating to the Department \u2028<br \/>\n298  of Driver Services, is amended by adding a new Code section to read as follows: \u2028<br \/>\n299  440-16-9. \u2028<br \/>\n300  On or after July 1, 2015, the department shall participate in the Records and Information \u2028<br \/>\n301  from DMVs for E-Verify initiative of the United States Department of Homeland Security. \u2028<br \/>\n302  The commissioner shall promulgate rules and regulations for the department&#8217;s participation \u2028<br \/>\n303  in such initiative.4 \u2028<\/p>\n<p>304  SECTION 12. \u2028<br \/>\n305  All laws and parts of laws in conflict with this Act are repealed. \u2028<br \/>\nLC 41 0288 <\/p>\n<p>-9 &#8211; <\/p>\n","protected":false},"excerpt":{"rendered":"<p>LC 41 0288 The Georgia Road Safety and Drivers License Integrity Act &#8211; 2015 Session Pre-filed as SB 6 November 17, 2014 Georgia state Senator Josh McKoon, sponsor A BILL TO BE ENTITLED AN ACT 1 To amend Chapters 5, 11, and 16 of Title 40 of the Official Code of Georgia Annotated, \u2028 2 [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/posts\/4623"}],"collection":[{"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/comments?post=4623"}],"version-history":[{"count":0,"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/posts\/4623\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/media?parent=4623"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/categories?post=4623"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.thedustininmansociety.org\/blog\/wp-json\/wp\/v2\/tags?post=4623"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}