2020 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 5 - Drivers' Licenses
Article 5 - Identification Cards for Persons Without Drivers' Licenses
§ 40-5-100. Personal Identification Cards; Contents; Possession of More Than One Card Prohibited; Optional Contributions to and Participation in Voluntary Programs

Universal Citation: GA Code § 40-5-100 (2020)
  1. The department shall issue personal identification cards to any resident, as such term is defined in Code Section 40-5-1, who makes an application to the department in accordance with rules and regulations prescribed by the commissioner. Cards issued to applicants under 21 years of age shall contain the distinctive characteristics of drivers' licenses issued pursuant to Code Section 40-5-26. The identification card shall be similar in form but distinguishable in color from motor vehicle drivers' licenses, shall be in physical format and, upon election of the applicant, in an electronic format, and may contain a recent photograph of the applicant and include the following information:
    1. Full legal name;
    2. Address of residence;
    3. Birth date;
    4. Date identification card was issued;
    5. Sex;
    6. Height;
    7. Weight;
    8. Eye color;
    9. Signature of person identified or facsimile thereof;
    10. Designation of participation in an anatomical gift donation program when such person is eligible to make such gift pursuant to Code Section 44-5-142; and
    11. Such other information or identification 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. An identification card issued pursuant to this Code section shall be valid for a period of eight years, 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 social security number.
    1. No person may possess more than one identification card issued pursuant to this Code section; provided, however, that this subsection shall not be construed to prevent a person issued a driver's license, instruction permit, or limited driving permit pursuant to this title from also possessing an identification card issued under this article.
      1. Any person who applies for an identification card shall indicate on such application whether he or she is in possession of any other valid identification card, driver's license, instruction permit, or limited driving permit issued pursuant to this title or by any other jurisdiction.
      2. Except as provided in paragraph (3) of this subsection, each applicant for an identification card shall surrender to the department any valid identification card, driver's license, instruction permit, or limited driving permit previously issued pursuant to this title or by any other jurisdiction. The department shall physically mark any surrendered identification card, driver's license, instruction permit, or limited driving permit in a manner which makes it apparent that such card, license, or permit is no longer valid and return the card, license, or permit to such person.
      3. The department shall issue a receipt to a person eligible to be issued an identification card pursuant to the requirements of this title. Such receipt may be used as proof of issuance until the person has received his or her permanent identification card.
      4. If a surrendered identification card, driver's license, instruction permit, or limited driving permit was issued by another jurisdiction, the department shall forward the surrendered card, license, or permit information to the previous jurisdiction.
      1. Any noncitizen who is eligible for issuance of an identification card pursuant to the requirements of this title and is in possession of an identification card or driver's license issued by a foreign jurisdiction may be issued an identification card without surrendering the foreign driver's license or identification card. This exemption shall not apply to a person who is required to terminate any previously issued identification card pursuant to federal law.
      2. The department shall make a notation on the driving record of any person who retains a foreign identification card or driver's license, and this information shall be made available to law enforcement officers and agencies on such person's driving record through the Georgia Crime Information Center.
  3. An application for identification card renewal may be submitted by:
    1. Personal appearance before the department; or
    2. Subject to rules or regulations of the department which shall be consistent with considerations of public safety and efficiency of service to customers, means other than such personal appearance which may include without limitation by mail or electronically. The department may by such rules or regulations exempt persons renewing identification cards under this paragraph from the surrender requirement in this Code section.
    1. The General Assembly finds that it is in the best interest of this state to encourage improved public education and awareness regarding anatomical gifts of human organs and tissues and to address the ever increasing need for donations of anatomical gifts for the benefit of the citizens of Georgia.
    2. The department shall make available to procurement organizations or secure data centers maintained and managed at the direction of a procurement organization information provided for in Article 6 of Chapter 5 of Title 44, the "Georgia Revised Uniform Anatomical Gift Act," including the name, personal identification card number, date of birth, gender, and most recent address of any person who obtains an organ donor identification card; provided, however, that the gender information shall be made available only to a procurement organization or secure data center if such organization or center has sufficient funds to cover the associated costs of providing such information. Information so obtained by such organizations and centers shall be used for a state-wide organ donor registry accessible to organ tissue and eye banks authorized to function as such in this state and shall not be further disseminated.
    1. The General Assembly finds that it is in the best interest of this state to encourage improved public education and awareness regarding blindness and to address the need for blindness prevention screenings, treatments, and rehabilitation for the benefit of the citizens of Georgia.
    2. Each application form for issuance, reissuance, or renewal of a personal identification card under this Code section shall include language permitting the applicant to make a voluntary contribution of $1.00 to be used for purposes of preventing blindness and preserving the sight of residents of this state. Any such voluntary contribution shall be made at the discretion of the applicant at the time of application in addition to payment of the personal identification card fee prescribed by the commissioner.
    3. Voluntary contributions made pursuant to this subsection shall be transmitted to the Department of Public Health for use thereby in providing the blindness education, screening, and treatment program provided by Code Section 31-1-23.

(Ga. L. 1973, p. 807, § 1; Ga. L. 1976, p. 1421, § 2; Ga. L. 1984, p. 1674, § 1; Ga. L. 1986, p. 395, § 1; Ga. L. 1988, p. 897, § 4; Ga. L. 1990, p. 1913, § 2; Ga. L. 1990, p. 2048, § 4; Ga. L. 1992, p. 2785, § 20; Ga. L. 1995, p. 920, § 4; Ga. L. 1996, p. 1250, § 7; Ga. L. 1997, p. 1443, § 2; Ga. L. 2000, p. 951, §§ 5-45, 5-46; Ga. L. 2004, p. 631, § 40; Ga. L. 2005, p. 334, § 17-23/HB 501; Ga. L. 2005, p. 1122, § 4/HB 577; Ga. L. 2008, p. 1154, § 5/SB 488; Ga. L. 2010, p. 932, § 18/HB 396; Ga. L. 2014, p. 710, § 7-1/SB 298; Ga. L. 2015, p. 60, § 4-20/SB 100; Ga. L. 2016, p. 385, § 9/HB 806; Ga. L. 2017, p. 184, § 5/HB 136; Ga. L. 2020, p. 199, § 3-4/HB 463.)

The 2016 amendment, effective April 26, 2016, in subsection (b), substituted "An identification card issued pursuant to this Code section shall be valid for a period of eight years," for "The identification card shall be valid for a period of five or eight years, at the option of the applicant, and" at the beginning and inserted a comma after "Governor" near the middle.

The 2017 amendment, effective July 1, 2018, in paragraph (c)(1), substituted "person issued" for "resident of this state who possesses" in the middle and inserted ", instruction permit, or limited driving permit pursuant to this title" near the end; added subparagraph (c)(2)(A); redesignated former paragraph (c)(2) as present subparagraph (c)(2)(B) and substituted the present provisions of subparagraph (c)(2)(B) for the former provisions, which read: "Except as provided in paragraph (3) of this subsection, each applicant for an identification card shall surrender any identification card or driver's license previously issued by any other state and any identification card previously issued by this state."; added subparagraphs (c)(2)(C) and (c)(2)(D); substituted the present provisions of the first sentence of subparagraph (c)(3)(A) for the former provisions, which read: "Any noncitizen who is eligible for issuance of an identification card pursuant to the requirements of this chapter may be issued an identification card without surrendering any driver's license or identification card previously issued to him or her by any foreign jurisdiction."; and deleted former paragraph (c)(4), which read: "Willful failure to surrender any such previous driver's license or personal identification card upon application for a new personal identification card will be considered an act of fraud and upon conviction be punished as provided for in Code Section 40-5-125."

The 2020 amendment, effective June 30, 2020, in subsection (a), in the first sentence, substituted "any resident, as such term is" for "all residents as", and substituted "Code Section 40-5-1, who makes an" for "Code Section 40-5-1 who make", and inserted ", shall be in physical format and, upon election of the applicant, in an electronic format," in the last sentence.

Code Commission notes.

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

Editor's notes.

- 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. § 40-5-100 regarding fingerprinting. 1997 Op. Att'y Gen. No. U97-33.

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