Senators trying to get a public hearing and vote on an updated Senate Bill 6, which would ban Georgia from issuing driver’s licenses to illegal aliens, so far are being blocked by Sen. Tyler Harper, R-Ocilla. The chairman of the Senate Public Safety Committee apparently wants to consider only driver’s license-related language in the new S.B. 6, while ignoring and/or wanting to strip out most other immigration law enforcement sections.
Harper’s office tells InsiderAdvantage Capitol reporter Cindy Morley that his “schedule is full today” and the lawmaker can’t speak with her. “If you would like to speak with him at another point when his schedule clears up and when he and others have had a chance to more thoroughly review the bill, he would be happy to work something out,” his assistant said.
However, Harper has had the original bill sitting in his committee for a year and received the updated substitute last Friday. One of its new additions (Section 10) is a “driver’s privilege card’ for illegal immigrants—allowing them to drive and stating on the card they are not legal, and stipulating it can’t be used as identification for voting or receiving public benefits.
The following is a section-by-section analysis of the substitute S.B. 6:
Section 1
Generally
Prohibits illegal aliens – including illegal aliens with deferred action on deportation status – from being licensed to practice law in Georgia. Requires use of SAVE database for partial verification. Requires non-citizen applicants for admission to the practice of law to sign affidavit swearing to legal status.
Section 2
Generally
Prohibits illegal aliens – including illegal aliens with deferred action on deportation status – from being licensed as “certified professional personnel” in public schools. Requires use of SAVE database for partial verification. Requires non-citizen applicants to become certified professional personnel to sign affidavit swearing to legal status.
Section 3
Generally
Strengthens and clarifies existing law regarding eligibility for in-state tuition in the University System of Georgia. Prohibits illegal aliens – including illegal aliens with deferred action on deportation status – from receiving in-state tuition. Requires use of SAVE database for partial verification. Requires non-citizen applicants for in-state tuition to sign affidavit swearing to legal status.
Section 4
Generally
Defines “lawful alien status” for purposes of consideration of HOPE scholarships and grants. Excludes illegal aliens with deferred action on deportation status.
Section 5
Generally
Requires non-citizen applicants for HOPE scholarship benefits to sign affidavit swearing to legal status. Requires use of SAVE database for partial verification.
Section 6
Generally
Strengthens and clarifies existing law regarding eligibility for in-state tuition in the Technical College System of Georgia. Prohibits illegal aliens – including illegal aliens with deferred action on deportation status – from receiving in-state tuition. Requires non-citizen applicants for in-state tuition to sign affidavit swearing to legal status.
Section 7
Requires GBI to post as public information the names of aliens who have been arrested, booked, detained or incarcerated during immigration and criminal law enforcement investigations and who have been released from federal custody into Georgia communities as such names are presented within the federal Enforcement Integrated Database of the U.S. Department of Homeland Security.
Section 8
Generally
Updates definition of “resident” for purposes of obtaining a Georgia driver’s license. Excludes illegal alien with deferred action on deportation status. Defines “personal information” to include fingerprint or other biological characteristics including DNA and retinal scan.
Section 9
Generally
Provides that the Department of Driver Services can provide copies of any record or names, addresses, driver identification numbers, and medical and disability information for purposes of participation in verification programs of the U.S. Department of Homeland Security, including for participation in the Records and Information from DMVs for E-Verify RIDE initiative (see section 20). Provides that DDS can also provide noncitizen DNA, fingerprints, and photographs for such U.S. Department of Homeland Security programs.
Section 10
Generally
Establishes “Driver Privilege Card” (DPC) document to replace current practice of issuing a driver’s license to illegal aliens who have deferred action on deportation status. Prohibits use or acceptance of DPC for identification purposes except for law enforcement uses. Establishes penalty for attempted use or acceptance of DPC as valid ID. Requires fingerprint (personal record – see section 8) be collected from applicant for DPC and for fingerprint or personal record to be displayed on DPC document. Describes required specifications for design of DPC to include vertical orientation, colors and language contained on DPC document. Requires illegal aliens with deferred action on deportation who are in in possession of current driver’s license to obtain a DPC upon expiration of driver’s license.
Section 11
Generally
Removes “approved deferred action status” from existing law defining eligibility for a driver’s license and official state ID cards. Sharpens definition of illegal alien (“lawful presence”/”legal status” on exclusion in existing law regarding acceptance of drivers licenses and official ID cards issued by other states to illegal aliens. Provides for special and redesigned official ID card to be available to illegal aliens who have deferred action on deportation status. Provides for fingerprints or personal information to be collected from applicant for special official ID card and for fingerprint to be displayed on official ID document. Provides specifications for appearance of new official Id card and requires DDs to create document to specifications, including vertical orientation and colors.
Section 12
Generally
Refines language in existing law for eligibility for driver’s license or official ID card to replace “lawful presence” with “legal status” and to establish eligibility of illegal aliens with deferred action of deportation status for driver’s privilege card and new official ID card.
Section 13
Generally
Changes current prohibition on collection and display of fingerprints for driver’s license type document to exclude applicants who qualify for DPC and new official ID card due to deferred action on deportation status.
Section 14
Generally
Housekeeping language to slightly alter and correct existing language resulting from new language on driver’s license law.
Section 15
Generally
Increases penalties for driving without being properly licensed, reduces number of convictions of driving without being licensed for offender to be guilty of a felony.
Section 16
Generally
With exclusions, including for expired driver’s licenses and drivers 15 years old or younger, establishes authority of peace officer to have discretion to order that a vehicle driven by an unlicensed driver be impounded for 60 days. Requires vehicle owner to pay storage fees. Allows hearing process for the owner of impounded vehicle. Requires release of vehicle to owner, or owners spouse, child or parent who is lawfully licensed to drive.
Section 17
Generally
Modifies current law regarding “abandoned motor vehicle” in accordance with Section 16
Section 18
Generally
Modifies current law regarding “duty of person removing or storing motor vehicle” in accordance with Section16.
Section 19
Generally
Authorizes peace officer to cause removal of vehicle driven by unlicensed driver to place of safety. See section 16.
Section 20
Generally
Requires the Commissioner of DDS to [participate in the federal E-Verify ‘RIDE’ program.
Section 21
Generally
Improves existing law to clarify that illegal aliens with deferred action on deportation status are not eligible for property tax exemptions.
Section 22
Generally
Provides for requirement that non-citizen applicants for property tax exemptions sign an affidavit swearing they do not have deferred action on deportation status. Provides for penalty for false swearing.
Section 23
All laws and parts of laws in conflict with this Act are repealed.
(Editor’s note: A special thank you for the research provided by D.A King of The Dustin Inman Society.)
