SB419: SB419 "Eric's ID Law"

26 LC 63 0022 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 to1 employment and training of peace officers, so as to provide for training in interactions with2 persons with non-apparent disabilities; to amend Chapter 5 of Title 40 of the Official Code3 of Georgia Annotated, relating to drivers' licenses, so as to p rovide for the placement of a4 notation of a non-apparent physical or mental disability upon d river's licenses and5 identification cards upon request; to provide for the removal of such notation upon request;6 to prohibit the disclosure of information relating to such requests; to provide for exceptions;7 to provide for consultation about the design of such notation; to provide for public outreach;8 to provide for waiver of certain license fees; to provide for definitions; to provide for a short9 title; to provide for related matters; to repeal conflicting laws; and for other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 This Act shall be known and may be cited as "Eric's ID Law."13 S. B. 419 - 1 - 26 LC 63 0022 SECTION 2.14 Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and15 training of peace officers, is amended by adding a new Code section to read as follows:16 "35-8-28.17 Each calendar year beginning in 2027, the basic training courses required pursuant to this18 chapter shall include training in interactions with individuals with non-apparent disabilities,19 as such term is defined in Code Section 40-5-170, including best practices for encounters20 with an individual who has a disability notation on his or her driver's license or21 identification card. The council shall develop and administer the training required by this22 Code section."23 SECTION 3.24 Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses,25 is amended by revising subsection (a) of Code Section 40-5-25, relating to applications, fees,26 and provisions for voluntary participation in various programs, as follows:27 "(a) Every application for an instruction permit or for a driver's license shall be made upon28 a form furnished by the department. Every application shall be accompanied by the proper29 license fee. The fees shall be as established by the Board of Driver Services, not to exceed:30 (1) For instruction permits for Classes C, E, F, and M drivers '31 licenses and for Class D drivers' licenses ....................32 $ 10.00 (2) For five-year Classes C, E, F, and M noncommercial drivers '33 l i c e n s e s ..............................................34 20.00 (2.1) For eight-year Classes C, E, F, and M noncommercial drivers'35 l i c e n s e s ..............................................36 32.00 (3) For application for Classes A, B, C, and M commercial drivers'37 licenses or a Class P commercial driver's instruction permit . . ...38 35.00 S. B. 419 - 2 - 26 LC 63 0022 (4) For Class P commercial drivers' instruction permits for Classes39 A, B, C, and M commercial drivers' licenses .................40 10.00 (5) For up to five-year Classes A, B, C, and M commercial drivers'41 licenses, initial issuance requiring a road test ................42 70.00 (5.1) For eight-year Classes A, B, C, and M commercial drivers '43 licenses, initial issuance requiring a road test ................44 82.00 (6) For up to five-year Classes A, B, C, and M commercial drivers'45 licenses, initial issuance not requiring a road test .............46 20.00 (6.1) For eight-year Classes A, B, C, and M commercial drivers '47 licenses, initial issuance not requiring a road test .............48 32.00 ( 7 ) F o r r e n e w a l o f u p t o f i v e - y e a r C l a s s e s A , B , C , a n d M49 c o m m e r c i a l d r i v e r s ' l i c e n s e s..............................50 20.00 (7.1) For renewal of eight-year Classes A, B, C, and M commercial51 d r i v e r s ' l i c e n s e s .......................................52 32.00 (7.2) For renewal of up to five-year Classes C, E, F, and M53 noncommercial drivers' licenses ...........................54 20.00 (7.3) For renewal of eight-year Classes C, E, F, and M55 noncommercial drivers' licenses ...........................56 32.00 (8) Initial issuance of Classes A, B, C, and M commercial drivers'57 licenses and Class P commercial drivers' instruction permits sh all58 include all endorsement fees within the license fee. Each59 endorsement added after initial licensing ....................60 5.00 The commissioner may by rule provide incentive discounts in oth erwise applicable fees61 reflecting cost savings to the department where a license is renewed by means other than62 personal appearance. The discount for renewal of a Class C or Class M license and any63 other discounts shall be as determined by the commissioner. Except as provided in Code64 S. B. 419 - 3 - 26 LC 63 0022 Section 40-5-36, relating to veterans' licenses, and Code Secti on 40-5-149, relating to65 application fees for public school bus drivers, there shall be no exceptions to the fee66 requirements for a commercial driver's license or a commercial driver's license permit. 67 Notwithstanding any other provision of this Code section, there shall be no fee whatsoever68 for replacement of any driver's license solely due to a change of the licensee's name or69 address or to add or remove a disability notation under Code Section 40-5-38, provided that70 such replacement license shall be valid only for the remaining period of such original71 license; and provided, further, that only one such free replacement license may be obtained72 within the period for which the license was originally issued. Any application for the73 replacement of a lost license pursuant to Code Section 40-5-31 or due to a change in the74 licensee's name or address submitted within 150 days of the expiration of said license shall75 be treated as an application for renewal subject to the applica ble license fees as set forth76 in this subsection. The maximum period for which any driver's license shall be issued is77 eight years."78 SECTION 4.79 Said chapter is further amended by revising Code Section 40-5-3 8, relating to notation of80 post-traumatic stress disorder, as follows:81 "40-5-38.82 (a) Members of the armed services and veterans who have been d iagnosed with83 post-traumatic stress disorder may request to have a notation of such diagnosis placed on84 his or her driver's license. Such applicant shall present the department with a sworn85 statement from a person licensed to practice medicine or psychology in this state verifying86 such diagnosis.87 (b) Any applicant with a physical or mental disability which is not immediately obvious88 or visible may request to have a notation placed upon the front of his or her driver's license89 which indicates such non-apparent physical or mental disability.90 S. B. 419 - 4 - 26 LC 63 0022 (c) Any licensee with a notation placed upon his or her licens e pursuant to this Code91 section may request the removal of such notation by the departm ent. Upon receipt of a92 request to remove such notation, the department shall delete an y records relating to the93 notation and request. The department shall be prohibited from disclosing any information94 relating to a request for the addition or removal of a notation authorized by this Code95 section; provided, however, that the department shall disclose such records upon:96 (1) Court order;97 (2) Request from a criminal justice agency as defined in Code Section 17-17-3;98 (3) Request from a driver's licensing authority;99 (4) Written authorization or other waiver by the applicant or licensee or his or her100 authorized designee; or101 (5) Request from the Department of Human Services for a matter relating to child102 support services.103 (d) The commissioner shall by rules and regulations establish pro cedures necessary to104 carry out the provisions of this Code section, including, without limitation, application105 forms to include a waiver of liability for the release of any m edical information, and an106 appropriate symbol to be placed on the drivers' licenses, and a procedure for requesting107 removal of a notation authorized by this Code section. The com missioner shall consult108 with developmental disability and intellectual disability advocacy groups for purposes of109 designing the notation available pursuant to subsection (b) of this Code section and shall110 establish a program to educate the public about the availability of such notation."111 SECTION 5.112 Said chapter is further amended by revising Code Section 40-5-170, relating to definitions113 regarding identification cards for persons with disabilities, as follows:114 "40-5-170.115 As used in this article, the term:116 S. B. 419 - 5 - 26 LC 63 0022 (1) 'Disability' means any physical, mental, or neurological impairment which severely117 restricts a person's mobility, manual dexterity, or ability to climb stairs; substantial loss118 of sight or hearing; loss of one or more limbs or use thereof; or significantly diminished119 reasoning capacity.120 (2) 'Identification card for persons with disabilities' means an identification card issued121 as provided in this article.122 (3) 'Non-apparent disability' means a disability that is not i mmediately obvious or123 visible, including, but not limited to, developmental disabilit ies and intellectual124 disabilities.125 (4) 'Permanent disability' means any disability which is permanent in nature or which is126 expected to continue for a period of at least five years.127 (4)(5) 'Person with disabilities' means any person with a permanent or temporary128 disability.129 (5)(6) 'Temporary disability' means any disability which is expected to continue for at130 least six months but less than five years."131 SECTION 6.132 Said chapter is further amended by revising subsection (c) of Code Section 40-5-171, relating133 to issuance and contents of identification cards for persons with disabilities, as follows:134 "(c) In addition to the information required in subsection (a) of this Code section,135 identification cards issued to persons with disabilities shall display the international136 handicapped symbol on a location designated by the department; provided, however, that137 with respect to non-apparent disabilities, the applicant may instead request the disability138 notation established pursuant to Code Section 40-5-38. The department may display the139 international handicapped symbol or the disability notation established pursuant to Code140 Section 40-5-38 on any driver's license or identification card issued pursuant to the141 provisions of this chapter upon receipt of the required documen tation from the person142 S. B. 419 - 6 - 26 LC 63 0022 requesting its inclusion. With respect to requests for the non-apparent disability notation143 for driver's licenses, the department shall follow the procedur e set forth in Code Section144 40-5-38."145 SECTION 7.146 Said chapter is further amended by revising subparagraph (a) of Code Section 40-5-172,147 relating to term of card issued to person with permanent disability, issuance to person with148 temporary disability, and renewal, as follows:149 "(a) An identification card for persons with disabilities shall be issued to a person with a150 permanent disability for a period of eight years and shall be renewable on the applicant's151 birthday in the seventh year following such issuance. Such ide ntification cards shall be152 issued to persons:153 (1) With obvious permanent disabilities without further verification of disability; and154 (2) With disabilities which are not obvious upon presentation of the current sworn155 affidavit of at least one medical doctor attesting to such permanent disability. A current156 affidavit shall be presented at each request for renewal without further verification of157 disability."158 SECTION 8.159 All laws and parts of laws in conflict with this Act are repealed.160 S. B. 419 - 7 -