HB 296: Motor vehicles; presentation of a driver's license in a certain electronic format; provisions

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 to presentation of proper identification to poll workers, swearing of statement when unable to produce, use of provisional ballots, and penalty for false swearing, so as to require the presentation of a Georgia driver's license as proper identification at a polling place be in a physical format; to amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, or fishing, so as to require the presentation of driver's license in physical format for issuance of a fishing, hunting, or trapping license or lifetime sportsman's license; to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so as to provide that presentation of a driver's license in a certain electronic format satisfies the requirement to possess a driver's license while operating a motor vehicle; to prohibit the compelling of a licensee to produce a wireless telecommunications device to a law enforcement officer; to require the provision of equipment and the implementation of technology capable of verifying validity of driver's licenses in such electronic formats; to amend Code Section 48-5C-1 of the Official Code of Georgia Annotated, relating to alternative ad valorem taxation of motor vehicles and title ad valorem tax fee, so as to provide for an alternative method for payment of title ad valorem tax for certain modified rental vehicles; to provide for definitions; 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 21-2-417 of the Official Code of Georgia Annotated, relating to presentation of proper identification to poll workers, swearing of statement when unable to produce, use of provisional ballots, and penalty for false swearing, is amended by revising subsection (a) as follows:

"(a) Except as provided in subsection (c) of this Code section, each elector shall present proper identification to a poll worker at or prior to completion of a voter's certificate at any polling place and prior to such person's admission to the enclosed space at such polling place. Proper identification shall consist of any one of the following:

(1) A Georgia driver's license in a physical format which was properly issued by the appropriate state agency Department of Driver Services;

(2) A valid Georgia voter identification card issued under Code Section 21-2-417.1 or other valid identification card issued by a branch, department, agency, or entity of the State of Georgia, any other state, or the United States authorized by law to issue personal identification, provided that such identification card contains a photograph of the elector;

(3) A valid United States passport;

(4) A valid employee identification card containing a photograph of the elector and issued by any branch, department, agency, or entity of the United States government, this state, or any county, municipality, board, authority, or other entity of this state;

(5) A valid United States military identification card, provided that such identification card contains a photograph of the elector; or

(6) A valid tribal identification card containing a photograph of the elector."

SECTION 2.

Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, or fishing, is amended in Code Section 27-2-2, relating to issuance and sale of hunting, fishing, and trapping licenses, withdrawal of agents' authority to sell licenses, and optional participation in anatomical gift program, by revising subsection (d) as follows: "(d) Prior to selling any license, except for a license sold over the telephone by an approved telephone license agent or over the Internet internet by an approved Internet internet license agent, each license agent shall require each person desiring to purchase a license to display a driver's license in a physical format or equally reliable identification of the individual and the current residence and age of such individual. In the event the department determines that a license agent has intentionally or negligently sold a resident license to a person who is a nonresident or who is underage, the department may immediately withdraw the authority of such license agent to issue and sell licenses on behalf of the department, provided that the department shall not withdraw the license agent's authority until the license agent has been given ten days' written notice of intention to withdraw authority setting forth the reason or reasons for the withdrawal and giving the license agent a hearing in the county of said agent's residence on the reasons for withdrawal."

SECTION 3.

Said article is further amended in Code Section 27-2-3.1, relating to hunting licenses, sportsman's license, license card carrier requirement, and creation of lifetime sportsman's licenses, by revising subparagraph (c)(4)(A) as follows:

"(4)(A) For purposes of procuring a lifetime sportsman's license, the term 'residency' means a domicile within Georgia for a minimum of three consecutive months immediately prior to procuring such license. Satisfactory evidence of residency shall consist of a current Georgia driver's license in a physical format or official Georgia identification card issued by the Department of Driver Services; provided, however, that no license or identification card issued pursuant to Code Section 40-5-21.1 shall satisfy the requirements of this paragraph."

SECTION 4.

Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, is amended by revising Code Section 40-5-29, relating to license to be carried and exhibited on demand, as follows:

"40-5-29.

(a) Every licensee shall have his or her driver's license in his or her immediate possession at all times when operating a motor vehicle. Any person who has a receipt issued by the department reflecting issuance, renewal, replacement, or reinstatement of his or her driver's license in his or her immediate possession shall be considered to have such license in his or her immediate possession if such is confirmed to be valid by the department or through the Georgia Crime Information Center. The department may establish by rule and regulation the term of such receipt. Notwithstanding the foregoing, no receipt issued by the department shall be accepted as proof of such person's identity for any other purpose, including but not limited to proof of voter identification or proof of age for purposes of purchasing alcoholic beverages.

(b)(1) Every licensee required pursuant to subsection (a) of this Code section to possess his or her license shall display his or her license upon the demand of a law enforcement officer. When records of the department indicate that a license has been issued in an electronic format, a law enforcement officer may demand such display be made by physical format. In such instances, if a law enforcement officer demands display of the physical format, the licensee the department has issued a licensee a license in an electronic format and a law enforcement officer possesses the proper equipment, such law enforcement officer shall accept such license upon a wireless telecommunications device as satisfactory proof of compliance with the requirements of this Code section. A licensee issued a license in an electronic format shall not be compelled to display an electronic format of his or her license nor release his or her wireless telecommunications device to the officer. A refusal to comply with such demand not only shall constitute a violation of this subsection but shall also give rise to a presumption of a violation of subsection (a) of this Code section and of Code Section 40-5-20 when such licensee displays the physical format of his or her license upon the demand of a law enforcement officer.

(2) Any person utilizing a wireless telecommunications device to display his or her license in electronic format in order to comply with subsection (a) of this Code section shall not be considered to have consented to a search of such device by a law enforcement officer. No person shall be compelled to release his or her wireless telecommunications device to a law enforcement officer pursuant to this Code section.

(3) As used in For purposes of this subsection, the term 'wireless telecommunications device' shall have the same meaning as provided set forth in Code Section 40-6-241.

(4) By July 1, 2027, all law enforcement officers shall acquire equipment capable of verifying a license issued in an electronic format.

(c) A person convicted of a violation of subsection (a) of this Code section shall be fined no more than $10.00 if he or she produces in court a license theretofore issued to him or her and valid at the time of his or her arrest."

SECTION 5.

Code Section 48-5C-1 of the Official Code of Georgia Annotated, relating to alternative ad valorem taxation of motor vehicles and title ad valorem tax fee, is amended in subsection (d) by repealing paragraph (7.1) and by adding a new paragraph to read as follows: "(19)(A) As used in this paragraph, the term:

(i) 'For-hire charter bus or motor coach' means a motor vehicle designed for carrying more than 15 passengers and used for the transportation of persons for compensation.

(ii) 'Special modified rental vehicle' means a motor vehicle that has been significantly modified at a manufacturing facility in this state, provided that:

(I) Such manufacturing facility is operated by the owner of such motor vehicle;

(II) Such owner primarily uses such motor vehicle by renting or leasing it without a driver to businesses;

(III) Such rental or lease transactions are subject to Georgia state and local sales and use taxes; and

(IV) Such owner provides the department with an affidavit affirming that the vehicle has been significantly modified and that the other qualifications of this definition have been met for such vehicle.

(B) In the case of for-hire charter buses or motor coaches or special modified rental vehicles, the person applying for a certificate of title shall be required to pay title ad valorem tax fees in the amount of 50 percent of the amount which would otherwise be due and payable under this subsection at the time of filing the application for a certificate of title, and the remaining 50 percent shall be paid within 12 months following the filing of such application."

SECTION 6.

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