Georgia HB 118: Drivers' licenses; issuance of commercial licenses and instruction permits to comply with federal law; amend certain provisions

Bill Text

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Senators McKoon of the 29th, Crane if the 28th, Williams of the 27th, Heath of the 31st and
Harbin of the 16th offers the following amendment:
Amend HB 118 (LC 39 0867) by inserting after "as" on line 2 the following:1
to require noncitizens to possess a legal alien status to obtain a license, permit, or card;2
By redesignating Sections 1 through 8 as Sections 4 through 11, respectively, and by3
inserting between lines 22 and 23 the following:4
SECTION 1.5
Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses,6
is amended in Code Section 40-5-1, relating to definitions, by revising paragraph (11) and7
the undesignated text at the end of paragraph (15) as follows:8
"(11) 'Legal alien status' means an alien status provided for by the federal Immigration9
and Nationality Act or any other provision by the United States Congress; provided,10
however, that legal alien status shall not include a grant of any deferred deportation11
action from the United States Department of Homeland Security Reserved."12
"provided, however, that no person shall be considered a resident for purposes of this13
chapter unless such person is either a United States citizen or an alien with legal14
authorization from the U.S. Immigration and Naturalization Service present in the United15
States pursuant to a legal alien status."16
SECTION 2.17
Said chapter is further amended in Code Section 40-5-21.1, relating to temporary licenses,18
permits, or special identification cards, by repealing paragraph (5) of subsection (a) and by19
revising paragraphs (6) and (7) of subsection (a) and subsection (c) as follows:20
"(6)(5) Other federal documentation verified by the United States Department of21
Homeland Security to be valid documentary evidence of lawful presence in the United22
States under federal immigration law legal alien status; or23
(7)(6) Verification of lawful presence legal alien status as provided by Code Section24
40-5-21.2"25
"(c) Any noncitizen applicant who possesses a legal alien status and whose Georgia26
driver's license or identification card has expired, or will expire within 30 days, and who27
has filed, or on whose behalf has been filed, a request for an extension with the United28
States Department of Homeland Security, or similar such federal issuing agency, for time29
to remain lawfully within the United States shall be issued a temporary driving permit or30

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identification card valid for 120 days from the date of the expiration of his or her valid31
driver's license or identification card. The noncitizen applicant shall be required to present32
evidence of the application for extension by submitting a copy or copies of documentation33
designated by the department. A temporary driving permit or identification card shall be34
issued upon submission of the required documentation and an application fee in an amount35
to be determined by the department. Upon the expiration of the temporary driving permit36
or identification card, no further consecutive temporary permits or identification cards shall37
be authorized; provided, however, that application may be made following the expiration38
of an additional valid Georgia driver's license or identification card."39
SECTION 3.40
Said chapter is further amended in Code Section 40-5-21.2, relating to compliance with the41
Systematic Alien Verification for Entitlements Program, application, and implementation,42
by revising paragraph (1) of subsection (b) as follows:43
"(1) The department shall attempt to confirm through the SAVE program that the44
applicant is lawfully present in the United States possesses a legal alien status; and"45
By replacing lines 24 and 25 with the following:46
Said chapter is further amended in Code Section 40-5-125, relating to false statements in a47
driver's license48