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 <ins>in a physical format</ins> which was properly issued by the
<del>appropriate state agency</del> <ins>Department of Driver Services;
</ins> (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 <del>Internet</del> <ins>internet</ins> by an approved <del>Internet
</del> <ins>internet</ins> license agent, each license agent shall require each person desiring to purchase a
license to display a driver's license <ins>in a physical format</ins> 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 <ins>in a physical format</ins> 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 <ins>required pursuant to subsection (a) of this Code section to possess
his or her license</ins> shall display his or her license upon the demand of a law enforcement
officer. When records of the department indicate that <del>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</del> <ins>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
</ins>
<ins>as satisfactory proof of compliance with the requirements of this Code section. A
licensee issued a license in an electronic format</ins> shall not be compelled to display an
electronic format of his or her license <del>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</del> <ins>when such licensee
displays the physical format of his or her license upon the demand of a law enforcement
officer.
</ins> (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. <ins>No person shall be compelled to release his or her wireless telecommunications
device to a law enforcement officer pursuant to this Code section.
</ins> (3) <ins>As used in</ins> <del>For purposes of</del> this subsection, the term 'wireless telecommunications
device' shall have the same meaning as <del>provided</del> <ins>set forth</ins> in Code Section 40-6-241.
<ins>(4) By July 1, 2027, all law enforcement officers shall acquire equipment capable of
verifying a license issued in an electronic format.
</ins> (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:
<ins>"(19)(A) As used in this paragraph, the term:
</ins>
<ins>(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."
</ins> SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.