ATLANTA— State Representative Jason Spencer (R-Woodbine) today commented on House Bill 3, legislation that he pre-filed on Tuesday, November 15, 2016:
“HB 3 seeks to amend the current Georgia anti-masking statute by adding clarity to the current law.
“This bill specifically deals with photo identification of driver’s licenses and the operation of motor vehicles on Georgia’s public roadways. Specifically, the intent of the proposed legislation would make it a misdemeanor for individuals to wear masks or other facial concealment while driving and operating a vehicle on Georgia roadways. Also, the bill clarifies existing Georgia law by adding a code section that would prohibit someone’s identity from being concealed when obtaining a state driver’s license or identification card. Without this, there would be no point to photo identification. Current Georgia law is not exactly clear on this point, but the implication is present. However, HB 3 seeks to make explicit what is implicit. The duty of the legislature is to provide clarity of legislative intent; therefore, this is what HB 3 seeks to achieve.
“The Georgia anti-masking law has been in existence for decades to address credible threats from masked terrorists posed to the public, specifically on Georgia’s public ways and private property. These laws were initially enacted to eliminate forms of terrorist threats and discourage violence that anonymity encourages and aid in the apprehension of criminals. This legislation certainly represents a compelling government interest.
“The proposed change to the law would add the pronoun “she,” allowing for the law to be applied equally, regardless of gender, whereas the current law only applies to men. This change would bring uniformity and equal applicability, and there is no intention of targeting a specific group.
“Moreover, the intent of this legislation is to apply to driving on Georgia roadways. Wearing masks of any sort while operating a vehicle can obstruct a driver’s necessary peripheral vision and pose a credible risk to other drivers who share the road.
“Protecting the public against credible public safety risks remains a function of the states police powers and HB 3 underscores this important public policy.”
HB 3 will be formally introduced during the 2017 legislative session of the Georgia General Assembly.
For more information about HB 3, please click here.
Representative Jason Spencer represents the citizens of District 180, which includes Camden, Charlton, and Ware counties. He was elected into the House of Representatives in 2010, and currently serves as the Secretary of the Special Rules Committee. He also serves on the Game Fish & Parks, Human Relations & Aging, and Juvenile Justice committees.
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