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2018 Georgia Code 40-5-171 | Car Wreck Lawyer

TITLE 40 MOTOR VEHICLES AND TRAFFIC

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

ARTICLE 8 IDENTIFICATION CARDS FOR PERSONS WITH DISABILITIES

40-5-171. Issuance and contents of identification cards for persons with disabilities.

  1. The department shall issue personal identification cards to persons with disabilities who make application to the department in accordance with rules and regulations prescribed by the commissioner. The identification card for persons with disabilities shall contain a recent photograph of the applicant and the following information:
    1. Full legal name;
    2. Address of residence;
    3. Birth date;
    4. Date identification card was issued;
    5. Date identification card expires;
    6. Sex;
    7. Height;
    8. Weight;
    9. Eye color;
    10. Signature of person identified or facsimile thereof; and
    11. Such other information as required by the department; provided, however, that the department shall not require an applicant to submit or otherwise obtain from an applicant any fingerprints or any other biological characteristic or information which uniquely identifies an individual, including without limitation deoxyribonucleic acid (DNA) and retinal scan identification characteristics but not including a photograph, by any means upon application.
  2. The identification card for persons with disabilities shall bear the signatures of the commissioner and the Governor and shall bear an identification card number which shall not be the same as the applicant's social security number.
  3. In addition to the information required in subsection (a) of this Code section, identification cards issued to persons with disabilities shall display the international handicapped symbol on a location designated by the department. The department may display the international handicapped symbol on any driver's license or identification card issued pursuant to the provisions of this chapter upon receipt of the required documentation from the person requesting its inclusion.

(Code 1981, §40-5-171, enacted by Ga. L. 1989, p. 628, § 1; Ga. L. 1990, p. 2048, § 4; Ga. L. 1995, p. 1302, § 7; Ga. L. 1996, p. 1250, § 10; Ga. L. 1997, p. 1443, § 5; Ga. L. 2000, p. 951, § 5-66; Ga. L. 2005, p. 1122, § 5/HB 577; Ga. L. 2008, p. 171, § 14/HB 1111; Ga. L. 2010, p. 932, § 21/HB 396; Ga. L. 2015, p. 60, § 4-23/SB 100.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2005, in paragraph (a)(12) (now paragraph (a)(11)), a comma was deleted following "limitation" and a comma was added following "photograph".

Editor's notes.

- Ga. L. 1997, p. 1443, § 6, not codified by the General Assembly, provides that the 1997 amendment to this Code section shall be applicable to licenses, permits, and indentification cards issued on or after July 1, 1997.

Ga. L. 2015, p. 60, § 6-1/SB 100, not codified by the General Assembly, provides that: "Section 4-9 of Part IV of this Act shall become effective on January 1, 2016, and all other parts of this Act shall become effective on July 1, 2015, and shall apply to offenses which occur on or after that date."

OPINIONS OF THE ATTORNEY GENERAL

Constitutionality of fingerprint requirement.

- Requiring applicants to submit fingerprints does not violate constitutional rights. 1997 Op. Att'y Gen. No. U97-7.

Privacy Act of 1974 (5 U.S.C. § 552a) does not apply to the provisions of O.C.G.A. § 40-5-171 regarding fingerprinting. 1997 Op. Att'y Gen. No. U97-33.

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