Senate Bill 419
By: Senators James of the 28th, Kemp of the 38th, Jackson of the 41st, Parent of the 44th and
Sims of the 12th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to
employment and training of peace officers, so as to provide for training in interactions with
persons with non-apparent disabilities; to amend Chapter 5 of Title 40 of the Official Code
of Georgia Annotated, relating to drivers' licenses, so as to provide for the placement of a
notation of a non-apparent physical or mental disability upon driver's licenses and
identification cards upon request; to provide for the removal of such notation upon request;
to prohibit the disclosure of information relating to such requests; to provide for exceptions;
to provide for consultation about the design of such notation; to provide for public outreach;
to provide for waiver of certain license fees; to provide for definitions; to provide for a short
title; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as "Eric's ID Law."
SECTION 2.
Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and
training of peace officers, is amended by adding a new Code section to read as follows:
<ins>"35-8-28.
Each calendar year beginning in 2027, the basic training courses required pursuant to this
chapter shall include training in interactions with individuals with non-apparent disabilities,
as such term is defined in Code Section 40-5-170, including best practices for encounters
with an individual who has a disability notation on his or her driver's license or
identification card. The council shall develop and administer the training required by this
Code section."
</ins> SECTION 3.
Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses,
is amended by revising subsection (a) of Code Section 40-5-25, relating to applications, fees,
and provisions for voluntary participation in various programs, as follows:
"(a) Every application for an instruction permit or for a driver's license shall be made upon
a form furnished by the department. Every application shall be accompanied by the proper
license fee. The fees shall be as established by the Board of Driver Services, not to exceed:
(1) For instruction permits for Classes C, E, F, and M drivers'
licenses and for Class D drivers' licenses . . . . . . . . . . . . . . . . . . . . $ 10.00
(2) For five-year Classes C, E, F, and M noncommercial drivers'
licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00
(2.1) For eight-year Classes C, E, F, and M noncommercial drivers'
licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32.00
(3) For application for Classes A, B, C, and M commercial drivers'
licenses or a Class P commercial driver's instruction permit . . . . . 35.00
(4) For Class P commercial drivers' instruction permits for Classes
A, B, C, and M commercial drivers' licenses . . . . . . . . . . . . . . . . . 10.00
(5) For up to five-year Classes A, B, C, and M commercial drivers'
licenses, initial issuance requiring a road test . . . . . . . . . . . . . . . . 70.00
(5.1) For eight-year Classes A, B, C, and M commercial drivers'
licenses, initial issuance requiring a road test . . . . . . . . . . . . . . . . 82.00
(6) For up to five-year Classes A, B, C, and M commercial drivers'
licenses, initial issuance not requiring a road test . . . . . . . . . . . . . 20.00
(6.1) For eight-year Classes A, B, C, and M commercial drivers'
licenses, initial issuance not requiring a road test . . . . . . . . . . . . . 32.00
(7) For renewal of up to five-year Classes A, B, C, and M
commercial drivers' licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00
(7.1) For renewal of eight-year Classes A, B, C, and M commercial
drivers' licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32.00
(7.2) For renewal of up to five-year Classes C, E, F, and M
noncommercial drivers' licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00
(7.3) For renewal of eight-year Classes C, E, F, and M
noncommercial drivers' licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . 32.00
(8) Initial issuance of Classes A, B, C, and M commercial drivers'
licenses and Class P commercial drivers' instruction permits shall
include all endorsement fees within the license fee. Each
endorsement added after initial licensing . . . . . . . . . . . . . . . . . . . . 5.00
The commissioner may by rule provide incentive discounts in otherwise applicable fees
reflecting cost savings to the department where a license is renewed by means other than
personal appearance. The discount for renewal of a Class C or Class M license and any
other discounts shall be as determined by the commissioner. Except as provided in Code
Section 40-5-36, relating to veterans' licenses, and Code Section 40-5-149, relating to
application fees for public school bus drivers, there shall be no exceptions to the fee
requirements for a commercial driver's license or a commercial driver's license permit.
Notwithstanding any other provision of this Code section, there shall be no fee whatsoever
for replacement of any driver's license solely due to a change of the licensee's name or
address <ins>or to add or remove a disability notation under Code Section 40-5-38,</ins> provided that
such replacement license shall be valid only for the remaining period of such original
license; and provided, further, that only one such free replacement license may be obtained
within the period for which the license was originally issued. Any application for the
replacement of a lost license pursuant to Code Section 40-5-31 or due to a change in the
licensee's name or address submitted within 150 days of the expiration of said license shall
be treated as an application for renewal subject to the applicable license fees as set forth
in this subsection. The maximum period for which any driver's license shall be issued is
eight years."
SECTION 4.
Said chapter is further amended by revising Code Section 40-5-38, relating to notation of
post-traumatic stress disorder, as follows:
"40-5-38.
(a) Members of the armed services and veterans who have been diagnosed with
post-traumatic stress disorder may request to have a notation of such diagnosis placed on
his or her driver's license. Such applicant shall present the department with a sworn
statement from a person licensed to practice medicine or psychology in this state verifying
such diagnosis.
(b) <ins>Any applicant with a physical or mental disability which is not immediately obvious
or visible may request to have a notation placed upon the front of his or her driver's license
which indicates such non-apparent physical or mental disability.
</ins>
<ins>(c) Any licensee with a notation placed upon his or her license pursuant to this Code
section may request the removal of such notation by the department. Upon receipt of a
request to remove such notation, the department shall delete any records relating to the
notation and request. The department shall be prohibited from disclosing any information
relating to a request for the addition or removal of a notation authorized by this Code
section; provided, however, that the department shall disclose such records upon:
(1) Court order;
(2) Request from a criminal justice agency as defined in Code Section 17-17-3;
(3) Request from a driver's licensing authority;
(4) Written authorization or other waiver by the applicant or licensee or his or her
authorized designee; or
(5) Request from the Department of Human Services for a matter relating to child
support services.
(d)</ins> The commissioner shall by rules and regulations establish procedures necessary to
carry out the provisions of this Code section, including, without limitation, application
forms to include a waiver of liability for the release of any medical information, <del>and</del> an
appropriate symbol to be placed on the drivers' licenses, <ins>and a procedure for requesting
removal of a notation authorized by this Code section. The commissioner shall consult
with developmental disability and intellectual disability advocacy groups for purposes of
designing the notation available pursuant to subsection (b) of this Code section and shall
establish a program to educate the public about the availability of such notation."
</ins> SECTION 5.
Said chapter is further amended by revising Code Section 40-5-170, relating to definitions
regarding identification cards for persons with disabilities, as follows:
"40-5-170.
As used in this article, the term:
(1) 'Disability' means any physical, mental, or neurological impairment which severely
restricts a person's mobility, manual dexterity, or ability to climb stairs; substantial loss
of sight or hearing; loss of one or more limbs or use thereof; or significantly diminished
reasoning capacity.
(2) 'Identification card for persons with disabilities' means an identification card issued
as provided in this article.
(3) <ins>'Non-apparent disability' means a disability that is not immediately obvious or
visible, including, but not limited to, developmental disabilities and intellectual
disabilities.
(4)</ins> 'Permanent disability' means any disability which is permanent in nature or which is
expected to continue for a period of at least five years.
<del>(4)(5)</del> 'Person with disabilities' means any person with a permanent or temporary
disability.
<del>(5)(6)</del> 'Temporary disability' means any disability which is expected to continue for at
least six months but less than five years."
SECTION 6.
Said chapter is further amended by revising subsection (c) of Code Section 40-5-171, relating
to issuance and contents of identification cards for persons with disabilities, as follows:
"(c) 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; <ins>provided, however, that
with respect to non-apparent disabilities, the applicant may instead request the disability
notation established pursuant to Code Section 40-5-38.</ins> The department may display the
international handicapped symbol <ins>or the disability notation established pursuant to Code
Section 40-5-38</ins> 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. <ins>With respect to requests for the non-apparent disability notation
for driver's licenses, the department shall follow the procedure set forth in Code Section
40-5-38."
</ins> SECTION 7.
Said chapter is further amended by revising subparagraph (a) of Code Section 40-5-172,
relating to term of card issued to person with permanent disability, issuance to person with
temporary disability, and renewal, as follows:
"(a) An identification card for persons with disabilities shall be issued to a person with a
permanent disability for a period of eight years and shall be renewable on the applicant's
birthday in the seventh year following such issuance. Such identification cards shall be
issued <del>to persons:
(1) With obvious permanent disabilities without further verification of disability; and
(2) With disabilities which are not obvious upon presentation of the current sworn
affidavit of at least one medical doctor attesting to such permanent disability. A current
affidavit shall be presented at each request for renewal</del> <ins>without further verification of
disability."
</ins> SECTION 8.
All laws and parts of laws in conflict with this Act are repealed.