| 3 | 3 | | By: Representatives Gaines of the 120 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Corbett of the 174 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Kelley of the 16 |
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| 8 | 8 | | th |
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| 9 | 9 | | , Blackmon |
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| 10 | 10 | | of the 146 |
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| 11 | 11 | | th |
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| 12 | 12 | | , Wiedower of the 121 |
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| 13 | 13 | | st |
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| 14 | 14 | | , and others |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Code Section 21-2-417 of the Official Code of Georgia Annotated, relating to |
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| 18 | 18 | | 1 |
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| 19 | 19 | | presentation of proper identification to poll workers, swearing of statement when unable to2 |
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| 20 | 20 | | produce, use of provisional ballots, and penalty for false swearing, so as to require the3 |
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| 21 | 21 | | presentation of a Georgia driver's license as proper identification at a polling place be in a4 |
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| 22 | 22 | | physical format; to amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia5 |
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| 23 | 23 | | Annotated, relating to hunting, trapping, or fishing, so as to require the presentation of6 |
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| 24 | 24 | | driver's license in physical format for issuance of a fishing, hunting, or trapping license or7 |
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| 25 | 25 | | lifetime sportsman's license; to amend Article 2 of Chapter 5 of Title 40 of the Official Code8 |
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| 26 | 26 | | of Georgia Annotated, relating to issuance, expiration, and renewal of drivers' licenses, so9 |
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| 27 | 27 | | as to provide that presentation of a driver's license in a certain electronic format satisfies the10 |
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| 28 | 28 | | requirement to possess a driver's license while operating a motor vehicle; to prohibit the11 |
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| 29 | 29 | | compelling of a licensee to produce a wireless telecommunications device to a law12 |
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| 30 | 30 | | enforcement officer; to require the provision of equipment and the implementation of13 |
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| 31 | 31 | | technology capable of verifying validity of driver's licenses in such electronic formats; to14 |
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| 32 | | - | amend Code Section 48-5C-1 of the Official Code of Georgia Annotated, relating to15 |
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| 33 | | - | alternative ad valorem taxation of motor vehicles and title ad valorem tax fee, so as to16 |
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| 34 | | - | provide for an alternative method for payment of title ad valorem tax for certain modified17 |
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| 35 | | - | H. B. 296 |
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| 36 | | - | - 1 - 25 HB 296/AP |
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| 37 | | - | rental vehicles; to provide for definitions; to provide for related matters; to repeal conflicting |
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| 38 | | - | 18 |
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| 39 | | - | laws; and for other purposes.19 |
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| 40 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:20 |
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| 41 | | - | SECTION 1.21 |
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| 42 | | - | Code Section 21-2-417 of the Official Code of Georgia Annotated, relating to presentation22 |
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| 43 | | - | of proper identification to poll workers, swearing of statement when unable to produce, use23 |
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| 44 | | - | of provisional ballots, and penalty for false swearing, is amended by revising subsection (a)24 |
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| 45 | | - | as follows:25 |
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| 46 | | - | "(a) Except as provided in subsection (c) of this Code section, each elector shall present26 |
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| 47 | | - | proper identification to a poll worker at or prior to completion of a voter's certificate at any27 |
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| 48 | | - | polling place and prior to such person's admission to the enclosed space at such polling28 |
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| 49 | | - | place. Proper identification shall consist of any one of the following:29 |
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| 32 | + | provide for related matters; to repeal conflicting laws; and for other purposes.15 |
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| 33 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:16 |
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| 34 | + | H. B. 296 (SUB) |
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| 35 | + | - 1 - 25 LC 39 4667S |
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| 36 | + | SECTION 1. |
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| 37 | + | 17 |
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| 38 | + | Code Section 21-2-417 of the Official Code of Georgia Annotated, relating to presentation18 |
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| 39 | + | of proper identification to poll workers, swearing of statement when unable to produce, use19 |
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| 40 | + | of provisional ballots, and penalty for false swearing, is amended by revising subsection (a)20 |
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| 41 | + | as follows:21 |
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| 42 | + | "(a) Except as provided in subsection (c) of this Code section, each elector shall present22 |
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| 43 | + | proper identification to a poll worker at or prior to completion of a voter's certificate at any23 |
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| 44 | + | polling place and prior to such person's admission to the enclosed space at such polling24 |
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| 45 | + | place. Proper identification shall consist of any one of the following:25 |
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| 51 | | - | which was properly issued by the30 |
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| 52 | | - | appropriate state agency Department of Driver Services;31 |
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| 53 | | - | (2) A valid Georgia voter identification card issued under Code Section 21-2-417.1 or32 |
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| 54 | | - | other valid identification card issued by a branch, department, agency, or entity of the33 |
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| 55 | | - | State of Georgia, any other state, or the United States authorized by law to issue personal34 |
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| 56 | | - | identification, provided that such identification card contains a photograph of the elector;35 |
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| 57 | | - | (3) A valid United States passport;36 |
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| 58 | | - | (4) A valid employee identification card containing a photograph of the elector and37 |
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| 59 | | - | issued by any branch, department, agency, or entity of the United States government, this38 |
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| 60 | | - | state, or any county, municipality, board, authority, or other entity of this state;39 |
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| 61 | | - | (5) A valid United States military identification card, provided that such identification40 |
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| 62 | | - | card contains a photograph of the elector; or41 |
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| 63 | | - | (6) A valid tribal identification card containing a photograph of the elector."42 |
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| 64 | | - | H. B. 296 |
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| 65 | | - | - 2 - 25 HB 296/AP |
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| 66 | | - | SECTION 2. |
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| 67 | | - | 43 |
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| 68 | | - | Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to44 |
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| 69 | | - | hunting, trapping, or fishing, is amended in Code Section 27-2-2, relating to issuance and45 |
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| 70 | | - | sale of hunting, fishing, and trapping licenses, withdrawal of agents' authority to sell licenses,46 |
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| 71 | | - | and optional participation in anatomical gift program, by revising subsection (d) as follows:47 |
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| 72 | | - | "(d) Prior to selling any license, except for a license sold over the telephone by an48 |
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| 47 | + | which was properly issued by the26 |
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| 48 | + | appropriate state agency Department of Driver Services;27 |
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| 49 | + | (2) A valid Georgia voter identification card issued under Code Section 21-2-417.1 or28 |
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| 50 | + | other valid identification card issued by a branch, department, agency, or entity of the29 |
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| 51 | + | State of Georgia, any other state, or the United States authorized by law to issue personal30 |
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| 52 | + | identification, provided that such identification card contains a photograph of the elector;31 |
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| 53 | + | (3) A valid United States passport;32 |
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| 54 | + | (4) A valid employee identification card containing a photograph of the elector and33 |
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| 55 | + | issued by any branch, department, agency, or entity of the United States government, this34 |
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| 56 | + | state, or any county, municipality, board, authority, or other entity of this state;35 |
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| 57 | + | (5) A valid United States military identification card, provided that such identification36 |
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| 58 | + | card contains a photograph of the elector; or37 |
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| 59 | + | (6) A valid tribal identification card containing a photograph of the elector."38 |
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| 60 | + | SECTION 2.39 |
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| 61 | + | Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to40 |
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| 62 | + | hunting, trapping, or fishing, is amended in Code Section 27-2-2, relating to issuance and41 |
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| 63 | + | H. B. 296 (SUB) |
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| 64 | + | - 2 - 25 LC 39 4667S |
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| 65 | + | sale of hunting, fishing, and trapping licenses, withdrawal of agents' authority to sell licenses, |
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| 66 | + | 42 |
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| 67 | + | and optional participation in anatomical gift program, by revising subsection (d) as follows:43 |
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| 68 | + | "(d) Prior to selling any license, except for a license sold over the telephone by an44 |
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| 74 | | - | internet by an approved Internet49 |
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| 75 | | - | internet license agent, each license agent shall require each person desiring to purchase a50 |
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| 76 | | - | license to display a driver's license in a physical format or equally reliable identification51 |
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| 77 | | - | of the individual and the current residence and age of such individual. In the event the52 |
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| 78 | | - | department determines that a license agent has intentionally or negligently sold a resident53 |
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| 79 | | - | license to a person who is a nonresident or who is underage, the department may54 |
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| 80 | | - | immediately withdraw the authority of such license agent to issue and sell licenses on55 |
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| 81 | | - | behalf of the department, provided that the department shall not withdraw the license56 |
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| 82 | | - | agent's authority until the license agent has been given ten days' written notice of intention57 |
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| 83 | | - | to withdraw authority setting forth the reason or reasons for the withdrawal and giving the58 |
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| 84 | | - | license agent a hearing in the county of said agent's residence on the reasons for59 |
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| 85 | | - | withdrawal."60 |
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| 86 | | - | SECTION 3.61 |
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| 87 | | - | Said article is further amended in Code Section 27-2-3.1, relating to hunting licenses,62 |
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| 88 | | - | sportsman's license, license card carrier requirement, and creation of lifetime sportsman's63 |
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| 89 | | - | licenses, by revising subparagraph (c)(4)(A) as follows:64 |
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| 90 | | - | "(4)(A) For purposes of procuring a lifetime sportsman's license, the term 'residency'65 |
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| 91 | | - | means a domicile within Georgia for a minimum of three consecutive months66 |
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| 92 | | - | immediately prior to procuring such license. Satisfactory evidence of residency shall67 |
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| 93 | | - | consist of a current Georgia driver's license in a physical format or official Georgia68 |
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| 94 | | - | H. B. 296 |
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| 95 | | - | - 3 - 25 HB 296/AP |
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| 96 | | - | identification card issued by the Department of Driver Services; provided, however, |
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| 97 | | - | 69 |
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| 98 | | - | that no license or identification card issued pursuant to Code Section 40-5-21.1 shall70 |
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| 99 | | - | satisfy the requirements of this paragraph."71 |
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| 100 | | - | SECTION 4.72 |
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| 101 | | - | Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to73 |
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| 102 | | - | issuance, expiration, and renewal of drivers' licenses, is amended by revising Code74 |
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| 103 | | - | Section 40-5-29, relating to license to be carried and exhibited on demand, as follows:75 |
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| 104 | | - | "40-5-29.76 |
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| 105 | | - | (a) Every licensee shall have his or her driver's license in his or her immediate possession77 |
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| 106 | | - | at all times when operating a motor vehicle. Any person who has a receipt issued by the78 |
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| 107 | | - | department reflecting issuance, renewal, replacement, or reinstatement of his or her driver's79 |
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| 108 | | - | license in his or her immediate possession shall be considered to have such license in his80 |
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| 109 | | - | or her immediate possession if such is confirmed to be valid by the department or through81 |
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| 110 | | - | the Georgia Crime Information Center. The department may establish by rule and82 |
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| 111 | | - | regulation the term of such receipt. Notwithstanding the foregoing, no receipt issued by83 |
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| 112 | | - | the department shall be accepted as proof of such person's identity for any other purpose,84 |
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| 113 | | - | including but not limited to proof of voter identification or proof of age for purposes of85 |
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| 114 | | - | purchasing alcoholic beverages.86 |
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| 70 | + | internet by an approved Internet45 |
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| 71 | + | internet license agent, each license agent shall require each person desiring to purchase a46 |
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| 72 | + | license to display a driver's license in a physical format or equally reliable identification47 |
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| 73 | + | of the individual and the current residence and age of such individual. In the event the48 |
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| 74 | + | department determines that a license agent has intentionally or negligently sold a resident49 |
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| 75 | + | license to a person who is a nonresident or who is underage, the department may50 |
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| 76 | + | immediately withdraw the authority of such license agent to issue and sell licenses on51 |
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| 77 | + | behalf of the department, provided that the department shall not withdraw the license52 |
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| 78 | + | agent's authority until the license agent has been given ten days' written notice of intention53 |
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| 79 | + | to withdraw authority setting forth the reason or reasons for the withdrawal and giving the54 |
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| 80 | + | license agent a hearing in the county of said agent's residence on the reasons for55 |
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| 81 | + | withdrawal."56 |
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| 82 | + | SECTION 3.57 |
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| 83 | + | Said article is further amended in Code Section 27-2-3.1, relating to hunting licenses,58 |
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| 84 | + | sportsman's license, license card carrier requirement, and creation of lifetime sportsman's59 |
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| 85 | + | licenses, by revising subparagraph (c)(4)(A) as follows:60 |
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| 86 | + | "(4)(A) For purposes of procuring a lifetime sportsman's license, the term 'residency'61 |
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| 87 | + | means a domicile within Georgia for a minimum of three consecutive months62 |
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| 88 | + | immediately prior to procuring such license. Satisfactory evidence of residency shall63 |
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| 89 | + | consist of a current Georgia driver's license in a physical format or official Georgia64 |
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| 90 | + | identification card issued by the Department of Driver Services; provided, however,65 |
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| 91 | + | that no license or identification card issued pursuant to Code Section 40-5-21.1 shall66 |
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| 92 | + | satisfy the requirements of this paragraph."67 |
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| 93 | + | H. B. 296 (SUB) |
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| 94 | + | - 3 - 25 LC 39 4667S |
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| 95 | + | SECTION 4. |
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| 96 | + | 68 |
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| 97 | + | Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to69 |
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| 98 | + | issuance, expiration, and renewal of drivers' licenses, is amended by revising Code70 |
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| 99 | + | Section 40-5-29, relating to license to be carried and exhibited on demand, as follows:71 |
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| 100 | + | "40-5-29.72 |
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| 101 | + | (a) Every licensee shall have his or her driver's license in his or her immediate possession73 |
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| 102 | + | at all times when operating a motor vehicle. Any person who has a receipt issued by the74 |
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| 103 | + | department reflecting issuance, renewal, replacement, or reinstatement of his or her driver's75 |
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| 104 | + | license in his or her immediate possession shall be considered to have such license in his76 |
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| 105 | + | or her immediate possession if such is confirmed to be valid by the department or through77 |
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| 106 | + | the Georgia Crime Information Center. The department may establish by rule and78 |
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| 107 | + | regulation the term of such receipt. Notwithstanding the foregoing, no receipt issued by79 |
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| 108 | + | the department shall be accepted as proof of such person's identity for any other purpose,80 |
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| 109 | + | including but not limited to proof of voter identification or proof of age for purposes of81 |
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| 110 | + | purchasing alcoholic beverages.82 |
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| 116 | | - | 87 |
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| 117 | | - | his or her license shall display his or her license upon the demand of a law enforcement88 |
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| 118 | | - | officer. When records of the department indicate that a license has been issued in an89 |
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| 119 | | - | electronic format, a law enforcement officer may demand such display be made by90 |
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| 120 | | - | physical format. In such instances, if a law enforcement officer demands display of the91 |
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| 121 | | - | physical format, the licensee the department has issued a licensee a license in an92 |
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| 122 | | - | electronic format and a law enforcement officer possesses the proper equipment, such law93 |
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| 123 | | - | enforcement officer shall accept such license upon a wireless telecommunications device94 |
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| 124 | | - | H. B. 296 |
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| 125 | | - | - 4 - 25 HB 296/AP |
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| 126 | | - | as satisfactory proof of compliance with the requirements of this Code section. A95 |
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| 127 | | - | licensee issued a license in an electronic format shall not be compelled to display an96 |
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| 128 | | - | electronic format of his or her license nor release his or her wireless telecommunications97 |
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| 129 | | - | device to the officer. A refusal to comply with such demand not only shall constitute a98 |
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| 130 | | - | violation of this subsection but shall also give rise to a presumption of a violation of99 |
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| 131 | | - | subsection (a) of this Code section and of Code Section 40-5-20 when such licensee100 |
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| 132 | | - | displays the physical format of his or her license upon the demand of a law enforcement101 |
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| 133 | | - | officer.102 |
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| 134 | | - | (2) Any person utilizing a wireless telecommunications device to display his or her103 |
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| 135 | | - | license in electronic format in order to comply with subsection (a) of this Code section104 |
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| 136 | | - | shall not be considered to have consented to a search of such device by a law enforcement105 |
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| 137 | | - | officer. No person shall be compelled to release his or her wireless telecommunications106 |
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| 138 | | - | device to a law enforcement officer pursuant to this Code section.107 |
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| 139 | | - | (3) As used in For purposes of this subsection, the term 'wireless telecommunications108 |
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| 140 | | - | device' shall have the same meaning as provided set forth in Code Section 40-6-241.109 |
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| 141 | | - | (4) By July 1, 2027, all law enforcement officers shall acquire equipment capable of110 |
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| 142 | | - | verifying a license issued in an electronic format.111 |
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| 143 | | - | (c) A person convicted of a violation of subsection (a) of this Code section shall be fined112 |
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| 144 | | - | no more than $10.00 if he or she produces in court a license theretofore issued to him or113 |
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| 145 | | - | her and valid at the time of his or her arrest."114 |
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| 146 | | - | SECTION 5.115 |
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| 147 | | - | Code Section 48-5C-1 of the Official Code of Georgia Annotated, relating to alternative ad116 |
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| 148 | | - | valorem taxation of motor vehicles and title ad valorem tax fee, is amended in subsection (d)117 |
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| 149 | | - | by repealing paragraph (7.1) and by adding a new paragraph to read as follows:118 |
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| 150 | | - | "(19)(A) As used in this paragraph, the term:119 |
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| 151 | | - | H. B. 296 |
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| 152 | | - | - 5 - 25 HB 296/AP |
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| 153 | | - | (i) 'For-hire charter bus or motor coach' means a motor vehicle designed for carrying120 |
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| 154 | | - | more than 15 passengers and used for the transportation of persons for compensation.121 |
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| 155 | | - | (ii) 'Special modified rental vehicle' means a motor vehicle that has been significantly122 |
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| 156 | | - | modified at a manufacturing facility in this state, provided that:123 |
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| 157 | | - | (I) Such manufacturing facility is operated by the owner of such motor vehicle;124 |
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| 158 | | - | (II) Such owner primarily uses such motor vehicle by renting or leasing it without125 |
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| 159 | | - | a driver to businesses;126 |
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| 160 | | - | (III) Such rental or lease transactions are subject to Georgia state and local sales127 |
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| 161 | | - | and use taxes; and128 |
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| 162 | | - | (IV) Such owner provides the department with an affidavit affirming that the129 |
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| 163 | | - | vehicle has been significantly modified and that the other qualifications of this130 |
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| 164 | | - | definition have been met for such vehicle.131 |
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| 165 | | - | (B) In the case of for-hire charter buses or motor coaches or special modified rental132 |
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| 166 | | - | vehicles, the person applying for a certificate of title shall be required to pay title ad133 |
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| 167 | | - | valorem tax fees in the amount of 50 percent of the amount which would otherwise be134 |
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| 168 | | - | due and payable under this subsection at the time of filing the application for a135 |
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| 169 | | - | certificate of title, and the remaining 50 percent shall be paid within 12 months136 |
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| 170 | | - | following the filing of such application."137 |
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| 171 | | - | SECTION 6.138 |
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| 172 | | - | All laws and parts of laws in conflict with this Act are repealed.139 |
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| 173 | | - | H. B. 296 |
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| 174 | | - | - 6 - |
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| 112 | + | 83 |
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| 113 | + | his or her license shall display his or her license upon the demand of a law enforcement84 |
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| 114 | + | officer. When records of the department indicate that a license has been issued in an85 |
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| 115 | + | electronic format, a law enforcement officer may demand such display be made by86 |
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| 116 | + | physical format. In such instances, if a law enforcement officer demands display of the87 |
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| 117 | + | physical format, the licensee the department has issued a licensee a license in an88 |
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| 118 | + | electronic format and a law enforcement officer possesses the proper equipment, such law89 |
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| 119 | + | enforcement officer shall accept such license upon a wireless telecommunications device90 |
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| 120 | + | as satisfactory proof of compliance with the requirements of this Code section. A91 |
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| 121 | + | licensee issued a license in an electronic format shall not be compelled to display an92 |
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| 122 | + | electronic format of his or her license nor release his or her wireless telecommunications93 |
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| 123 | + | device to the officer. A refusal to comply with such demand not only shall constitute a94 |
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| 124 | + | H. B. 296 (SUB) |
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| 125 | + | - 4 - 25 LC 39 4667S |
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| 126 | + | violation of this subsection but shall also give rise to a presumption of a violation of95 |
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| 127 | + | subsection (a) of this Code section and of Code Section 40-5-20 when such licensee96 |
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| 128 | + | displays the physical format of his or her license upon the demand of a law enforcement97 |
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| 129 | + | officer.98 |
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| 130 | + | (2) Any person utilizing a wireless telecommunications device to display his or her99 |
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| 131 | + | license in electronic format in order to comply with subsection (a) of this Code section100 |
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| 132 | + | shall not be considered to have consented to a search of such device by a law enforcement101 |
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| 133 | + | officer. No person shall be compelled to release his or her wireless telecommunications102 |
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| 134 | + | device to a law enforcement officer pursuant to this Code section.103 |
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| 135 | + | (3) As used in For purposes of this subsection, the term 'wireless telecommunications104 |
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| 136 | + | device' shall have the same meaning as provided set forth in Code Section 40-6-241.105 |
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| 137 | + | (4) By July 1, 2027, all law enforcement officers shall acquire equipment capable of106 |
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| 138 | + | verifying a license issued in an electronic format.107 |
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| 139 | + | (c) A person convicted of a violation of subsection (a) of this Code section shall be fined108 |
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| 140 | + | no more than $10.00 if he or she produces in court a license theretofore issued to him or109 |
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| 141 | + | her and valid at the time of his or her arrest."110 |
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| 142 | + | SECTION 5.111 |
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| 143 | + | All laws and parts of laws in conflict with this Act are repealed.112 |
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| 144 | + | H. B. 296 (SUB) |
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| 145 | + | - 5 - |
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