HB296: HB296 Motor vehicles; presentation of a driver's license in a certain electronic format; provisions

25 HB 296/AP House Bill 296 (AS PASSED HOUSE AND SENATE) By: Representatives Gaines of the 120th, Corbett of the 174th, Kelley of the 16th, Blackmon of the 146th, Wiedower of the 121st, and others A BILL TO BE ENTITLED AN ACT To amend Code Section 21-2-417 of the Official Code of Georgia Annotated, relating to1 presentation of proper identification to poll workers, swearing of statement when unable to2 produce, use of provisional ballots, and penalty for false swea ring, so as to require the3 presentation of a Georgia driver's license as proper identification at a polling place be in a4 physical format; to amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia5 Annotated, relating to hunting, tr apping, or fishing, so as to require the presentation of6 driver's license in physical format for issuance of a fishing, hunting, or trapping license or7 lifetime sportsman's license; to amend Article 2 of Chapter 5 of Title 40 of the Official Code8 of Georgia Annotated, relating to issuance, expiration, and ren ewal of drivers' licenses, so9 as to provide that presentation of a driver's license in a certain electronic format satisfies the10 requirement to possess a driver's license while operating a mot or vehicle; to prohibit the11 compelling of a licensee to produce a wireless telecommunicatio ns device to a law12 enforcement officer; to require the provision of equipment and the implementation of13 technology capable of verifying validity of driver's licenses i n such electronic formats; to14 amend Code Section 48-5C-1 of the Official Code of Georgia Anno tated, relating to15 alternative ad valorem taxation of motor vehicles and title ad valorem tax fee, so as to16 provide for an alternative method for payment of title ad valor em tax for certain modified17 H. B. 296 - 1 - 25 HB 296/AP rental vehicles; to provide for definitions; to provide for related matters; to repeal conflicting18 laws; and for other purposes.19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:20 SECTION 1.21 Code Section 21-2-417 of the Official Code of Georgia Annotated, relating to presentation22 of proper identification to poll workers, swearing of statement when unable to produce, use23 of provisional ballots, and penalty for false swearing, is amended by revising subsection (a)24 as follows:25 "(a) Except as provided in subsection (c) of this Code section, each elector shall present26 proper identification to a poll worker at or prior to completion of a voter's certificate at any27 polling place and prior to such person's admission to the enclo sed space at such polling28 place. Proper identification shall consist of any one of the following:29 (1) A Georgia driver's license in a physical format which was properly issued by the30 appropriate state agency Department of Driver Services;31 (2) A valid Georgia voter identification card issued under Code Section 21-2-417.1 or32 other valid identification card issued by a branch, department, agency, or entity of the33 State of Georgia, any other state, or the United States authorized by law to issue personal34 identification, provided that such identification card contains a photograph of the elector;35 (3) A valid United States passport;36 (4) A valid employee identification card containing a photogra ph of the elector and37 issued by any branch, department, agency, or entity of the United States government, this38 state, or any county, municipality, board, authority, or other entity of this state;39 (5) A valid United States military identification card, provided that such identification40 card contains a photograph of the elector; or41 (6) A valid tribal identification card containing a photograph of the elector."42 H. B. 296 - 2 - 25 HB 296/AP SECTION 2.43 Article 1 of Chapter 2 of Title 27 of the Official Code of Geor gia Annotated, relating to44 hunting, trapping, or fishing, is amended in Code Section 27-2- 2, relating to issuance and45 sale of hunting, fishing, and trapping licenses, withdrawal of agents' authority to sell licenses,46 and optional participation in anatomical gift program, by revising subsection (d) as follows:47 "(d) Prior to selling any license , except for a license sold ov er the telephone by an48 approved telephone license agent or over the Internet internet by an approved Internet49 internet license agent, each license agent shall require each person desiring to purchase a50 license to display a driver's license in a physical format or equally reliable identification51 of the individual and the current residence and age of such ind ividual. In the event the52 department determines that a license agent has intentionally or negligently sold a resident53 license to a person who is a nonresident or who is underage, th e department may54 immediately withdraw the authority of such license agent to iss ue and sell licenses on55 behalf of the department, provided that the department shall no t withdraw the license56 agent's authority until the license agent has been given ten days' written notice of intention57 to withdraw authority setting forth the reason or reasons for the withdrawal and giving the58 license agent a hearing in the county of said agent's residence on the reasons for59 withdrawal."60 SECTION 3.61 Said article is further amended in Code Section 27-2-3.1, relat ing to hunting licenses,62 sportsman's license, license card carrier requirement, and crea tion of lifetime sportsman's63 licenses, by revising subparagraph (c)(4)(A) as follows:64 "(4)(A) For purposes of procuring a lifetime sportsman's license, the term 'residency'65 means a domicile within Georgia for a minimum of three consecut ive months66 immediately prior to procuring such license. Satisfactory evidence of residency shall67 consist of a current Georgia driver's license in a physical for mat or official Georgia68 H. B. 296 - 3 - 25 HB 296/AP identification card issued by the Department of Driver Services ; provided, however,69 that no license or identification card issued pursuant to Code Section 40-5-21.1 shall70 satisfy the requirements of this paragraph."71 SECTION 4.72 Article 2 of Chapter 5 of Title 40 of the Official Code of Geor gia Annotated, relating to73 issuance, expiration, and renewal of drivers' licenses, is amen ded by revising Code74 Section 40-5-29, relating to license to be carried and exhibited on demand, as follows:75 "40-5-29.76 (a) Every licensee shall have his or her driver's license in his or her immediate possession77 at all times when operating a motor vehicle. Any person who has a receipt issued by the78 department reflecting issuance, renewal, replacement, or reinstatement of his or her driver's79 license in his or her immediate possession shall be considered to have such license in his80 or her immediate possession if such is confirmed to be valid by the department or through81 the Georgia Crime Information Center. The department may estab lish by rule and82 regulation the term of such receipt. Notwithstanding the foregoing, no receipt issued by83 the department shall be accepted as proof of such person's identity for any other purpose,84 including but not limited to proof of voter identification or p roof of age for purposes of85 purchasing alcoholic beverages.86 (b)(1) Every licensee required pursuant to subsection (a) of this Code section to possess87 his or her license shall display his or her license upon the demand of a law enforcement88 officer. When records of the department indicate that a licens e has been issued in an89 electronic format, a law enforcement officer may demand such di splay be made by90 physical format. In such instances, if a law enforcement officer demands display of the91 physical format, the licensee the department has issued a licensee a license in an92 electronic format and a law enforcement officer possesses the proper equipment, such law93 enforcement officer shall accept such license upon a wireless telecommunications device94 H. B. 296 - 4 - 25 HB 296/AP as satisfactory proof of compliance with the requirements of th is Code section. A95 licensee issued a license in an electronic format shall not be compelled to display an96 electronic format of his or her license nor release his or her wireless telecommunications97 device to the officer. A refusal to comply with such demand not only shall constitute a98 violation of this subsection but shall also give rise to a pres umption of a violation of99 subsection (a) of this Code section and of Code Section 40-5-20 when such licensee100 displays the physical format of his or her license upon the demand of a law enforcement101 officer.102 (2) Any person utilizing a wireless telecommunications device to display his or her103 license in electronic format in order to comply with subsection (a) of this Code section104 shall not be considered to have consented to a search of such device by a law enforcement105 officer. No person shall be compelled to release his or her wireless telecommunications106 device to a law enforcement officer pursuant to this Code section.107 (3) As used in For purposes of this subsection, the term 'wireless telecommunications108 device' shall have the same meaning as provided set forth in Code Section 40-6-241.109 (4) By July 1, 2027, all law enforcement officers shall acquir e equipment capable of110 verifying a license issued in an electronic format.111 (c) A person convicted of a violation of subsection (a) of this Code section shall be fined112 no more than $10.00 if he or she produces in court a license theretofore issued to him or113 her and valid at the time of his or her arrest."114 SECTION 5.115 Code Section 48-5C-1 of the Official Code of Georgia Annotated, relating to alternative ad116 valorem taxation of motor vehicles and title ad valorem tax fee, is amended in subsection (d)117 by repealing paragraph (7.1) and by adding a new paragraph to read as follows:118 "(19)(A) As used in this paragraph, the term:119 H. B. 296 - 5 - 25 HB 296/AP (i) 'For-hire charter bus or motor coach' means a motor vehicle designed for carrying120 more than 15 passengers and used for the transportation of persons for compensation.121 (ii) 'Special modified rental vehicle' means a motor vehicle that has been significantly122 modified at a manufacturing facility in this state, provided that:123 (I) Such manufacturing facility is operated by the owner of such motor vehicle;124 (II) Such owner primarily uses such motor vehicle by renting or leasing it without125 a driver to businesses;126 (III) Such rental or lease transactions are subject to Georgia state and local sales127 and use taxes; and128 (IV) Such owner provides the department with an affidavit affi rming that the129 vehicle has been significantly modified and that the other qual ifications of this130 definition have been met for such vehicle.131 (B) In the case of for-hire charter buses or motor coaches or special modified rental132 vehicles, the person applying for a certificate of title shall be required to pay title ad133 valorem tax fees in the amount of 50 percent of the amount which would otherwise be134 due and payable under this subsection at the time of filing the application for a135 certificate of title, and the remaining 50 percent shall be pai d within 12 months136 following the filing of such application."137 SECTION 6.138 All laws and parts of laws in conflict with this Act are repealed.139 H. 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