Bill Text: GA SB511 | 2011-2012 | Regular Session | Introduced

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Bill Title: Drivers' Licenses; provide for the issuance of temporary license, permit; noncitizen upon the presentation of certain documentation

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-02-29 - Senate Read and Referred [SB511 Detail]

Download: Georgia-2011-SB511-Introduced.html

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12 LC 39 0137

Senate Bill 511

By: Senators Chance of the 16th and Staton of the 18th

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 40-5-21.1 of the Official Code of Georgia Annotated, relating to the issuance of temporary drivers' licenses, permits, or special identification card and evidence of foreign licenses or identification cards as evidence of legal presence in the United States, so as to provide for the issuance of a temporary license, permit, or special identification card to a noncitizen upon the presentation of certain documentation; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 40-5-21.1 of the Official Code of Georgia Annotated, relating to the issuance of temporary drivers' licenses, permits, or special identification card and evidence of foreign licenses or identification cards as evidence of legal presence in the United States, is amended by redesignating subsection (b) and adding a new subsection to read as follows:

"(b) If the department is unable to verify lawful presence of a noncitizen applicant as provided for in Code Section 40-5-21.2, and the noncitizen applicant presents original documentation issued by the United States Department of Homeland Security that evidences the noncitizen applicant's lawful presence in the United States, the department shall issue a temporary license, permit, or special identification card valid for the lesser of the duration of the noncitizen applicant's stay in the United States or 90 days. Documentation evidencing lawful presence shall include:

(1) A Permanent Resident Card or Alien Registration Receipt Card (Form I-551);

(2) A foreign passport which contains a temporary Form I-551 stamp or temporary Form I-551 printed notation on a machine-readable immigrant visa;

(3) An Employment Authorization Document that contains a photograph (Form I-766);

(4) In the case of a nonimmigrant alien authorized to work for a specific employer incident to status, a foreign passport with a Form I-94, Form I-94A, or Form I-797A bearing the same name as the passport and containing an endorsement of the alien's nonimmigrant status, so long as the period of endorsement has not expired and the proposed employment is not in conflict with any restrictions or limitations identified on the form; or

(5) In the case of a nonimmigrant alien authorized to work for a specific employer incident to status who has timely filed an application for extension of stay and who is authorized pursuant to 8 C.F.R. Section 274a.12(b)(20) as in effect as of January 1, 2012, to continue employment with the same employer for a period not to exceed 240 days beginning from the date of expiration of the authorized period of stay, a foreign passport with:

(i) A Form I-94, Form I-94A, or Form I-797A bearing the same name as the passport and containing an endorsement not expired by more than 240 days of the alien's nonimmigrant status; and

(ii) A Form I-797C bearing the same name as the passport and indicating a 'received date' within the period of endorsement noted on the Form I-94, Form I-94A, or Form I-797A.

(c) A driver's license or identification card issued by any state or territory which, on or after July 1, 2006, authorized such driver's license or identification card to be issued to persons not lawfully present in the United States may not be accepted as evidence of legal presence in the United States."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.