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2018 Georgia Code 40-5-103 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 40-5-103 Case Law from Google Scholar Amendments to OCGA 40-5-103

TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 5. Drivers' Licenses, 40-5-1 through 40-5-179.

ARTICLE 5 IDENTIFICATION CARDS FOR PERSONS WITHOUT DRIVERS' LICENSES

40-5-103. Fee; issuance period; exemptions from fees; renewal.

  1. Except as provided in Code Section 40-5-21.1 and subsections (b) and (c) of this Code section, the department shall collect a fee of $20.00 for a five-year card and a fee of $32.00 for an eight-year card, which fee shall be deposited in the state treasury in the same manner as other motor vehicle driver's license fees.
  2. The department shall collect a fee of $5.00 for the identification card for all persons who are referred by a nonprofit organization which organization has entered into an agreement with the department whereby such organization verifies that the individual applying for such identification card is indigent. The department shall enter into such agreements and shall adopt rules and regulations to govern such agreements.
  3. The department shall not be authorized to collect a fee for an identification card from those persons who are entitled to a free veterans' or honorary driver's license under the provisions of Code Section 40-5-36.
  4. The department shall not be authorized to collect a fee for an identification card from any person:
    1. Who swears under oath that he or she desires an identification card in order to vote in a primary or election in Georgia and that he or she does not have any other form of identification that is acceptable under Code Section 21-2-417 for identification at the polls in order to vote; and
    2. Who produces evidence that he or she is registered to vote in Georgia.

      This subsection shall not apply to a person who has been issued a driver's license in this state.

  5. The commissioner may by rule authorize incentive discounts where identification cards are renewed by Internet, telephone, or mail. Any person who has previously been issued a driver's license who transitions from such license or applies for an identification card in addition to such license shall be eligible for such incentive discounts.
    1. Every identification card shall be renewed on or before its expiration upon application, payment of the required fee, and, if applicable, satisfactory completion of any other requirements imposed by law.
    2. An application for renewal of an identification card may be submitted by:
      1. Personal appearance before the department; or
      2. Subject to rules or regulations of the department consistent with considerations of public safety and efficiency of service to identification card holders, means other than personal appearance which may include, without limitation, by mail or electronically. The department may by such rules or regulations exempt persons renewing, obtaining, or transitioning to identification cards under this paragraph from any surrender requirement imposed under Georgia law.
    3. Notwithstanding any other provision of this Code section, there shall be no fee whatsoever for replacement of any identification card solely due to a change of the identification card holder's name or address, provided that such replacement identification card shall be valid only for the remaining period of such original term; and provided, further, that only one such free replacement identification card may be obtained within the period for which the identification card was originally issued. Any application for the replacement of a lost identification card or due to a change in the identification card holder's name or address submitted within 150 days of the expiration of said identification card shall be treated as an application for renewal subject to the applicable fees as set forth in this Code section.

(a.1)The maximum period for which any identification card shall be issued is eight years.

(Ga. L. 1973, p. 807, § 3; Ga. L. 1983, p. 461, § 1; Ga. L. 1990, p. 2048, § 4; Ga. L. 1992, p. 779, § 26; Ga. L. 2000, p. 951, § 5-48; Ga. L. 2005, p. 253, § 66/HB 244; Ga. L. 2005, p. 334, § 17-24/HB 501; Ga. L. 2006, p. 3, § 3/SB 84; Ga. L. 2008, p. 171, § 8/HB 1111; Ga. L. 2010, p. 9, § 1-81/HB 1055; Ga. L. 2010, p. 932, § 19/HB 396; Ga. L. 2011, p. 355, § 14/HB 269; Ga. L. 2017, p. 184, § 6/HB 136.)

The 2017 amendment, effective July 1, 2017, substituted "$32.00" for "$35.00" near the middle of subsection (a).

Cross references.

- Replacement of licenses, state identification cards, and other documents during periods of natural disaster, § 50-1-9.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2005, subsection (d), as enacted by Ga. L. 2005, p. 334, § 17-24/HB 501, was redesignated as subsection (e).

Editor's notes.

- Ga. L. 2005, p. 253, § 67/HB 244, not codified by the General Assembly, provides for severability.

Law reviews.

- For article on 2006 amendment of this Code section, see 23 Ga. St. U.L. Rev. 145 (2006).

JUDICIAL DECISIONS

Requiring photo ID to vote.

- Because it was likely that the voting organizations could prevail on the merits of their claims that the photo identification requirement of O.C.G.A. § 21-2-417 violated the Twenty-Fourth Amendment, a preliminary injunction issued preventing the statute's enforcement or application; having to buy the photo ID, the cost of which had also increased pursuant to O.C.G.A. § 40-5-103(a), placed a cost on voting. Common Cause/GA v. Billups, 406 F. Supp. 2d 1326 (N.D. Ga. 2005).

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