Text of GA HB 543 (2021)

21 LC 39 2896 H. B. 543 - 1 - House Bill 543 By: Representatives McLaurin of the 51st, Cannon of the 58th, Lim of the 99th, Shannon of the 84th, Park of the 101st, and others A BILL TO BE ENTITLED AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and 1 traffic, so as to provide for standards for the issuance of replacement drivers' licenses, 2 commercial drivers' licenses, personal identification cards, and identification cards for 3 persons with disabilities for changes in gender designation; to provide for procedures and 4 fees for the issuance of such replacement licenses and cards; to replace the term "sex" with 5 "gender"; to provide for related matters; to repeal conflicting laws; and for other purposes. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 7 SECTION 1. 8 Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is 9 amended in Code Section 40-5-25, relating to driver's license applications, fees, waiver of 10 fees, and provisions for voluntary participation in various programs, by revising 11 subsection (c) as follows: 12 "(c) Every such application shall state the full legal name, date of birth, sex gender, and 13 residence address of the applicant; shall briefly describe the applicant; shall state whether 14 the applicant has theretofore been licensed as a driver and, if so, when and by what state 15 or country, and whether any such license has ever been suspended, revoked, or refused, 16 21 LC 39 2896 H. B. 543 - 2 - and, if so, the date of and reason for such suspension, revocation, or refusal; and shall state 17 such other information as the commissioner may require to determine the applicant's 18 identity, competence, and eligibility. Verification of the gender of an applicant shall be 19 satisfied by oath or affirmation of the applicant, and no other documentation shall be 20 required of an applicant except that which is required pursuant to this article as necessary 21 to establish that such individual is lawfully entitled to a license. The application shall 22 include any other information as required by paragraph (1) of subsection (a.1) of Code 23 Section 19-11-9.1. The department shall not issue a license until a complete examination 24 of the applicant's record has been completed. The commissioner may issue such rules and 25 regulations as shall be necessary for the orderly processing of license applications." 26 SECTION 2. 27 Said title is further amended in paragraph (2) of subsection (a) of Code Section 40-5-26, 28 relating to driver's license applications of minors, revocation request of minor's instruction 29 permit or license, and distinctive licenses for persons under 21, by adding a new 30 subparagraph to read as follows: 31 "(E) Verification of the gender of an applicant shall be satisfied by oath or affirmation 32 of the applicant, and no other documentation shall be required of an applicant except 33 that which is required pursuant to this article as necessary to establish that such 34 individual is lawfully entitled to a license." 35 SECTION 3. 36 Said title is further amended by revising Code Section 40-5-33, relating to change of address 37 or name upon a driver's license, as follows: 38 "40-5-33. 39 (a) Whenever any person, after applying for or receiving a driver's license, shall move 40 from the address named in such application or in the license issued to him or her or when 41 21 LC 39 2896 H. B. 543 - 3 - the name of a licensee is changed by marriage or otherwise, such person shall apply to the 42 department for a license showing the correct name or address within 60 days. Failure to 43 change the name or address shall not deem the license invalid. 44 (b) Whenever any person, after applying for or receiving a driver's license, shall desire to 45 change the gender designated in such application or in the license issued, such person may 46 apply to the department for a replacement license showing such person's gender 47 designation. Such application shall be granted upon verification by oath or affirmation of 48 the applicant that such gender is the proper designation on a form to be provided by the 49 department. No other documentation shall be required of an applicant except that which 50 is required pursuant to this article as necessary to establish that such individual is lawfully 51 entitled to a license. 52 (c) The commissioner may determine the locations at which applications shall be accepted 53 for applications due to change of name, or address, or gender. Without limiting the 54 generality of the foregoing, it is specifically provided that the commissioner may designate 55 county tag agents, if they so agree, as agents of the department for this purpose. 56 (d) The fee for any replacement license issued pursuant to this Code section shall be the 57 same as provided for in Code Section 40-5-25." 58 SECTION 4. 59 Said title is further amended in Code Section 40-5-103, relating to fee, issuance period, 60 exemptions from fees, and renewal of personal identification cards, by revising subsection (f) 61 and adding new subsections to read as follows: 62 "(f)(1) Every identification card shall be renewed on or before its expiration upon 63 application, payment of the required fee, and, if applicable, satisfactory completion of any 64 other requirements imposed by law. 65 (2) An application for renewal of an identification card may be submitted by: 66 (A) Personal appearance before the department; or 67 21 LC 39 2896 H. B. 543 - 4 - (B) Subject to rules or regulations of the department consistent with considerations of 68 public safety and efficiency of service to identification card holders, means other than 69 personal appearance which may include, without limitation, by mail or electronically. 70 The department may by such rules or regulations exempt persons renewing, obtaining, 71 or transitioning to identification cards under this paragraph from any surrender 72 requirement imposed under Georgia law. 73 (g) When an identification card holder desires to change the gender designated in an issued 74 identification card, such person may apply to the department for a replacement 75 identification card showing such person's gender designation. Such application shall be 76 granted upon verification by oath or affirmation of the applicant that such gender is the 77 proper designation on a form to be provided by the department. 78 (3)(h) Notwithstanding any other provision of this Code section, there shall be no fee 79 whatsoever for replacement of any identification card solely due to a change of the 80 identification card holder's name, or address, or gender, provided that such replacement 81 identification card shall be valid only for the remaining period of such original term; and 82 provided, further, that only one such free replacement identification card may be obtained 83 within the period for which the identification card was originally issued. Any application 84 for the replacement of a lost identification card or due to a change in the identification card 85 holder's name, or address, or gender submitted within 150 days of the expiration of said 86 identification card shall be treated as an application for renewal subject to the applicable 87 fees as set forth in this Code section." 88 SECTION 5. 89 Said title is further amended in Code Section 40-5-149, relating to contents of application for 90 commercial driver's license and application required when name, mailing address, or 91 residence changed, by revising subsections (a) and (b) as follows: 92 21 LC 39 2896 H. B. 543 - 5 - "(a) The application for a commercial driver's license or commercial driver's instruction 93 permit shall include the following: 94 (1) The full legal name and current mailing and residential address of the person; 95 (2) A physical description of the person including sex gender, height, weight, and eye 96 color; 97 (3) Full date of birth; 98 (4) Reserved; 99 (5) The person's signature; 100 (6) The person's current photograph; 101 (7) Certifications, including those required by 49 C.F.R. Part 383.71(a); 102 (8) Any other information required by the department; and 103 (9) Consent to release driving record information to the Commercial Driver License 104 Information System clearing-house and whatever agent or agency the Commercial Driver 105 License Information System deems necessary by federal requirements. 106 Each application shall be accompanied by an application fee of $35.00, except for those 107 who operate or are applying to operate a public school bus and inmates of state or county 108 correctional institutions who operate or are applying to operate commercial motor vehicles 109 under the supervision of such institutions during the period of such inmates' confinement, 110 in which cases there shall be no application fee. 111 (b)(1) When a licensee changes his or her name, mailing address, or residence, an 112 application for a new license shall be made within 30 days of such change. 113 (2) When a licensee desires to change the gender designated in an issued license, such 114 person may apply to the department for a replacement license showing such person's 115 gender designation. Such application shall be granted upon verification by oath or 116 affirmation of the applicant that such gender is the proper designation on a form to be 117 provided by the department. No other documentation shall be required of an applicant 118 21 LC 39 2896 H. B. 543 - 6 - except that which is required pursuant to this article as necessary to establish that such 119 individual is lawfully entitled to a license. 120 (3) The fee for such new license a replacement license issued pursuant to this Code 121 section shall be as provided in Code Section 40-5-25." 122 SECTION 6. 123 Said title is further amended by adding a new Code section to read as follows: 124 "40-5-180. 125 (a) When a person issued an identification card pursuant to this article changes his or her 126 name, mailing address, or residence, an application for a new identification card shall be 127 made within 30 days of such change. 128 (b) When a person issued an identification card pursuant to this article desires to change 129 the gender designated in an issued identification card, such person may apply to the 130 department for a replacement identification card showing such person's gender designation. 131 Such application shall be granted upon verification by oath or affirmation of the applicant 132 that such gender is the proper designation on a form to be provided by the department. No 133 other documentation shall be required of an applicant except that which is required 134 pursuant to this article as necessary to establish that such individual is lawfully entitled to 135 a license. 136 (c) The fee for any replacement identification card issued pursuant to this Code section 137 shall be as provided in Code Section 40-5-178." 138 SECTION 7. 139 Said title is further amended by replacing "sex" with "gender" wherever the former occurs 140 in: 141 (1) Code Section 40-5-2, relating to keeping of records of applications for licenses and 142 information on licensees and furnishing of information; 143 21 LC 39 2896 H. B. 543 - 7 - (2) Code Section 40-5-25, relating to applications, fees, waiver of fees, and provisions for 144 voluntary participation in various programs; 145 (3) Code Section 40-5-100, relating to personal identification cards, contents, possession of 146 more than one card prohibited, and optional contributions to and participation in voluntary 147 programs; 148 (4) Code Section 40-5-150, relating contents of license, classifications, endorsements and 149 restrictions, information to be obtained before issuance, notice of issuance, expiration of 150 license, and renewal; 151 (5) Code Section 40-5-171, relating to issuance and contents of identification cards for 152 persons with disabilities; and 153 (6) Code Section 40-13-52, relating to traffic offense cards and contents. 154 SECTION 8. 155 All laws and parts of laws in conflict with this Act are repealed. 156