From wzhou@bimcore.emory.edu Thu Jun 9 20:01:39 1994 Date: Thu, 9 Jun 1994 20:32:34 -0400 (EDT) Status: R This package contains the whole text of the senate bill and the info sheet from Georgia department of public safety. Wei Zhou INFORMATION RELATED TO GEORGIA DRIVER"S LICENSE ISSUE Table of Contents 1. Requirements for Georgia Driver's license from Georgia Department of Public Safety 2. Georgia Senate Bill 518 3. Useful phone numbers #1 4. Progress report #1 ============================================================================= Requirements for Georgia Driver's License -Information sheet distributed by the Georgia Department of Public Safety An audio version can be heard by calling (404) 657-9300 ============================================================================= The following requirements must be satisfied before a license is issued: 1) Applicant must reside in Georgia. The following items will be accepted as proof that an applicant "resides" in Georgia: A) Utility Bill with valid Georgia residentce address. B) Bank statement with valid Georgia resident address. C) Rental contracts and/or receipts with valid Georgia residence address. D) Employer verification. E) Georgia license issued to parent, quardian or spouse. 2) Applicant must furnish valid residence address. 3) Applicant must be 16 years old for Class C and M. 18 years old for class A and B. 15 years old for Calss C instruction permit. Parent consent is necessary for minors. 4) Applicant must surrender all out of state drivers license and instruction permits. 5) Unlicensed applicants must show an acceptable form of personal identification that includes full name, month, day, year and place of birth. The following items are acceptable: A) Original birth certificate. B) Certificate of birth reqistration. C) Certified copy of birth certificate. D) Certified copy of court record (Adoption, name or sex change). E) Certified Naturalization records. F) Immigrant ID card. G) Valid passport. *Document presented must be either in English or translated into English by a translator approved by the department. 6) In addition to one of the above items, all new applicants for a Georgia license who are NON-US Citizens must present proper INS documentation. Three groups of NON-US citizens may be licensed in Georgia. These groups and the required documentation for each group are as follows: A) resident Alien-Resident alien Card (I-551) B) alien with employment authorization-Employment authorization card (I-688B). C) Alien resideing in US under the color of law-resident alien card or employment authorization card. 7) New applicants are required to present a social security card. 8) Applicant must successfully complete the required examinations for the application class 9) The department may require a medical evaluation if an applicant has a mental or physical condition that could prevent the safe operation of a motor vehicle. 10) all applicants under the age of 18 will be required to show they have completed a course on alcohol and drugs before they are issued a driver's license. this course will be taaught in the Georgia state School system. Instructors will be authorized by the Georgia Department of Public Safety. 11) Applicants who lose their license through theft or misplacement must present identification from item #5. =========================================================================== Text of the Georgia Senate Bill 518 =========================================================================== Note: A copy of the bill can be obtained from Office of Secretary of the Senate, 353 State Capitol, Atlanta, Georgia 30332 94 SB518/AP SENATE BILL 518 By: Senators Bowen of the 13th and Pollard of the 24th AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, 90 as to change the definition of resident; to change the provisions relating to instruction permits and temporary licenses; to change the provisions relating to who may apply for such instruction permits or temporary licenses; to amend Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to organization of the Department of Revenue, 80 as to provide for additional duties and responsibilities of the state revenue commissioner; to require that the state revenue commissioner shall acquire the necessary equipment and take all other necessary steps for the acceptance and utilization by the department of tag and title information in an electronic format from local tax officials; to provide for submission of such information by the county tax collector or county tax commissioner, when available; to provide for other related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking paragraph (15) of Code Section 40 5 1, relating to definitions relative to drivers' licenses, in its entirety and inserting in lieu thereof a new paragraph (15) to read as follows: "(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 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 no person shall be considered a resident for purposes of this chapter unless such person is either a United States citizen, resident alien, an alien with U. S. Immigration and Naturalization Service employment authorization or an alien presumed to be residing in the United States under color of law." Section 2. Said title is further amended by striking in its entirety Code Section 40 5 24, relating to instruction permits and temporary licenses, and inserting in lieu thereof a new Code Section 40 5 24 to read as follows: "40 5 24. (a) Any resident of this state who is at least 15 years of age may apply to the department for an instruction permit to operate a noncommercial Class C vehicle. The department shall, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having such permit in his or her immediate possession, to drive a Class C vehicle upon the public highways for a period of 12 months when accompanied by a person at least 18 years of age who is licensed as a driver for a commercial or noncommercial Class C vehicle, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver. This subsection does not apply to instruction permits for the operation of motorcycles. (b) Any resident of this state who is at least 16 years of age may apply to the department for a noncommercial Class M motorcycle instruction permit. The department shall, after the applicant has successfully passed all parts of the examination other than the driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having such permit in his or her immediate possession, to drive a motorcycle or a motor driven cycle upon the public highways for a period of six months. A motorcycle instruction permit shall not be valid when carrying passengers, or on a limited access highway, or at night. (c) Any resident of this state who is at least 18 years of age may apply to the department for an instruction permit to operate noncommercial vehicles in Classes A and B. Such permits may be issued only to persons with valid commercial or noncommercial Class C licenses or persons who have passed all required tests for a commercial or noncommercial Class C license. The department shall, after the applicant has successfully passed all parts of the appropriate examination other than the skill and driving test, issue to the applicant an instruction permit which shall entitle the applicant, while having the permit in his or her immediate possession, to operate a vehicle of the appropriate noncommercial class upon the public highways for a period of 12 months when accompanied by a licensed driver, qualified in the vehicle being operated, who is fit and capable of exercising control over the vehicle, and who is occupying a seat beside the driver as an instructor. Prior to being issued a driver's license for Classes A and B, the applicant shall pass a knowledge and skill test for driving a Class A or B vehicle as provided by the commissioner. (d) The department shall issue a temporary driver's permit to an applicant for a driver's license permitting him or her to operate a specified type or class of motor vehicle while the department is completing its investigation and determination of all facts relative to such applicant's eligibility to receive a driver's license. Such permit must be in his or her immediate possession while operating a motor vehicle, and it shall be invalid when the applicant's license has been issued or for good cause has been refused. Such permit shall be valid for no more than 45 days. When a license has been refused, the permit shall be returned to the department within ten days of receipt of written notice of refusal. (e) Any resident of this state holding a noncommercial Class P instruction permit issued pursuant to subsection (a) of this Code section who is convicted of any moving hazardous offense which resulted in an accident or a suspension of such noncommercial Class P instruction permit shall not be authorized to apply for and receive a noncommercial Class A, B, or C driver's license for a period of 12 months following the date of conviction of any of the offenses enumerated in this subsection. This subsection shall not prohibit any person from reapplying for a subsequent noncommercial Class P instruction permit." Section 3. Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to organization of the Department of Revenue, i~ amended by adding at the end of said article a new Code Section 48 2 19 to read a~ follows: "48 2 19. a) It is the intent of the General Assembly that the state revenue commissioner shall have total responsibility for the administration of the laws of the state relating to the licensing, registration, valuation, and titling of motor vehicles and that the commissioner shall carry out a complete modernization and improvement of such functions. (b) The state revenue commissioner shall have total responsibility for developing and implementing a comprehensive and detailed plan to accomplish the modernization and improvement of the functions specified in subsection (a) of this Code section. Such plan shall include: (1) A detailed analysis of personnel, equipment, motor vehicles, and facilities necessary for the administration of the laws relating to the licensing, registration, valuation, and titling of motor vehicles; (2) A detailed analysis of the funding necessary to administer such functions of the department; (3) Detailed recommendations for the most effective methods of carrying out the functions provided for in subsection (a) of this Code section, bearing in mind that the citizens of the State of Georgia should have a right to expect prompt, courteous, and cost efficient service with respect to such functions; (4) Recommendations for any changes in the relevant laws needed to accomplish the goals referred to in paragraph (3) of this subsection; and (5) A suggested timetable for the completion of such recommendations. (c) The state revenue commissioner shall from time to time report to the presiding officers of the Senate and House of Representatives with respect to: (1) The progress of implementation of the plan provided for in .subsection (b) of this Code section; (2) Any deficiencies or inefficiencies noted by the state revenue commissioner in the current carrying out of the functions provided for in subsection (a) of this Code section; and (3) Any interim improvements which should be made in the carrying out of such functions pending completion of the plan provided for in subsection (b) of this Code section. (d) The state revenue commissioner shall obtain the necessary equipment and personnel in order to utilize effectively motor vehicle registration, licensing, and title information submitted in electronic form by the tax collectors and tax commissioners of the various counties of this state. All counties which have the technological capability of submitting such registration, licensing, and title information in an electronic form shall do so and all other counties are encouraged to develop such capabilities. The state revenue commissioner may promulgate rules and regulations for the purpose of standardizing the format of such electronic information to be submitted by the tax collectors and tax commissioners of the various counties, provided that such rules and regulations shall provide for the use of one or more electronic formats currently utilized by local taxing officials." Section 4. Sections l and 2 of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. Section 3 of this Act shall become effective July l, 1994. Section 5. All laws and parts of laws in conflict with this Act are repealed. S. B. 518 ============================================================================ Useful Information relating to Georgia Driver's license issue ============================================================================ Contacts: Georgia Senate (404) 656-0028 Georgia Department of Public safety Commisioner (404) 624-7710 Public Affair (404) 624-7885 More to come soon. ============================================================================ Progress ============================================================================ 1. Sent the Bill to Ms. Chris West, legal service of Emory University for review. She promised to do something in the coming weeks. 2. Talked to Journalist Mr. Ken West. Several victims have talked to him too. A journalist may come by to take a picture of one hard-working Chinese scholar who was denied of a driver's license. 3. More vicitims have contacted me. Stories from those victims will be posted as soon as they become available. Received messages from other concerned CSS. Contacted GA Tech and Emory CSS organizations. No response from University of Georgia Yet. 4. Hope some CSS organizations will take over this issue soon.