| 1 | 1 | | 23 LC 39 3957 |
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| 2 | 2 | | H. B. 828 |
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| 3 | 3 | | - 1 - |
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| 4 | 4 | | House Bill 828 |
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| 5 | 5 | | By: Representatives Ridley of the 6 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Hagan of the 156 |
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| 8 | 8 | | th |
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| 9 | 9 | | , Hatchett of the 155 |
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| 10 | 10 | | th |
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| 11 | 11 | | , Jasperse of |
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| 12 | 12 | | the 11 |
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| 13 | 13 | | th |
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| 14 | 14 | | , Smith of the 138 |
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| 15 | 15 | | th |
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| 16 | 16 | | , and others |
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| 17 | 17 | | A BILL TO BE ENTITLED |
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| 18 | 18 | | AN ACT |
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| 19 | 19 | | To amend Article 3 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, |
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| 20 | 20 | | 1 |
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| 21 | 21 | | relating to officers of the Department of Transportation, so as to provide for the method of2 |
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| 22 | 22 | | selection of the commissioner of transportation by the General Assembly; to provide for3 |
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| 23 | 23 | | related matters; to provide for a contingent effective date and automatic repeal; to repeal4 |
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| 24 | 24 | | conflicting laws; and for other purposes.5 |
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| 25 | 25 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
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| 26 | 26 | | SECTION 1.7 |
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| 27 | 27 | | Article 3 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to8 |
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| 28 | 28 | | officers of the Department of Transportation, is amended by revising Code Section 32-2-40,9 |
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| 29 | 29 | | relating to selection of commissioner of transportation, term, vacancy, bond, and other10 |
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| 30 | 30 | | elective office, as follows:11 |
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| 31 | 31 | | "32-2-40.12 |
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| 32 | 32 | | (a) The commissioner of transportation shall be the chief executive officer of the13 |
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| 33 | 33 | | department.14 |
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| 34 | 34 | | (b) The commissioner, his successor, and each succeeding commissioner thereafter shall |
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| 35 | 35 | | 15 |
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| 36 | 36 | | be selected by a vote of the majority of the total number of members of the board. At the16 23 LC 39 3957 |
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| 37 | 37 | | H. B. 828 |
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| 38 | 38 | | - 2 - |
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| 39 | 39 | | time of said vote, the board shall stipulate the term the commissioner shall serve, and said17 |
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| 40 | 40 | | commissioner shall serve during the stipulated term and until his successor is selected by18 |
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| 41 | 41 | | the board and duly qualified. The board shall stipulate one of the following to be the term19 |
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| 42 | 42 | | of the commissioner:20 |
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| 43 | 43 | | (1) The commissioner shall serve at the pleasure of the board; or21 |
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| 44 | 44 | | (2) The commissioner shall serve any term specified by the board up to and including a22 |
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| 45 | 45 | | maximum of four years; however, the board shall not specify a term of office that extends23 |
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| 46 | 46 | | beyond the end of the term of the Governor in office at the time the commissioner's term24 |
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| 47 | 47 | | is scheduled to begin. Upon the conclusion of the term of office of the commissioner25 |
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| 48 | 48 | | serving as of January 1, 2025, the commissioner, his or her successor, and each26 |
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| 49 | 49 | | succeeding commissioner thereafter shall be selected by the General Assembly in the27 |
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| 50 | 50 | | following manner: A joint resolution which shall fix a definite time for the nomination28 |
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| 51 | 51 | | and election of the commissioner may be introduced in either branch of the General29 |
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| 52 | 52 | | Assembly. Upon passage of the resolution by a majority vote of the membership of the30 |
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| 53 | 53 | | Senate and House of Representatives, it shall be the duty of the Speaker of the House of31 |
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| 54 | 54 | | Representatives to call for the nomination and election of the commissioner at the time32 |
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| 55 | 55 | | specified in the resolution, at which time the name of the qualified person receiving a33 |
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| 56 | 56 | | majority vote of the membership of the House of Representatives shall be transmitted to34 |
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| 57 | 57 | | the Senate for confirmation. Upon the qualified person's receiving a majority vote of the35 |
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| 58 | 58 | | membership of the Senate, he or she shall be declared the duly selected commissioner.36 |
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| 59 | 59 | | The commissioner shall serve for a term of four years.37 |
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| 60 | 60 | | (c) If the board stipulates that the commissioner shall serve under the provisions of38 |
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| 61 | 61 | | paragraph (2) of this subsection, upon a vote of the majority of the total members of the39 |
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| 62 | 62 | | board, the commissioner shall be subject to removal by the board for just cause after40 |
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| 63 | 63 | | reasonable notice, copy of charge, hearing, and opportunity for presentation of evidence.41 |
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| 64 | 64 | | In the event of a vacancy in the office of the commissioner by reason of resignation,42 |
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| 65 | 65 | | removal, death, or permanent incapacity and inability to perform the duties of the office,43 23 LC 39 3957 |
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| 66 | 66 | | H. B. 828 |
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| 67 | 67 | | - 3 - |
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| 68 | 68 | | the deputy commissioner shall become acting commissioner to serve until such time as the44 |
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| 69 | 69 | | board at any regular or called meeting selects a new commissioner is selected to fill the45 |
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| 70 | 70 | | unexpired term of office created by such vacancy.46 |
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| 71 | 71 | | (d) The commissioner shall qualify, upon selection, by executing a bond in the amount of47 |
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| 72 | 72 | | $100,000.00 with a corporate surety licensed to do business in this state and payable to the48 |
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| 73 | 73 | | Governor and his the Governor's successors in office, such bond to be approved by the49 |
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| 74 | 74 | | Governor and conditioned on the faithful discharge of his or her duties as commissioner.50 |
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| 75 | 75 | | The premium of such bond shall be paid from funds of the department.51 |
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| 76 | 76 | | (e) The commissioner shall devote full time and attention to the duties and responsibilities52 |
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| 77 | 77 | | of his the office. No person who serves as commissioner shall be eligible, except as53 |
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| 78 | 78 | | hereinafter provided in this subsection, to qualify as a candidate in any primary, special,54 |
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| 79 | 79 | | or general election for any state or federal elective office nor to hold any such office,55 |
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| 80 | 80 | | except as hereinafter provided in this subsection, during the time he or she serves as56 |
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| 81 | 81 | | commissioner and for a period of 12 months after the date he or she ceases to serve as57 |
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| 82 | 82 | | commissioner. However, nothing contained in this subsection shall prevent the58 |
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| 83 | 83 | | commissioner from being appointed to any other office nor disqualify him such individual59 |
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| 84 | 84 | | from running in any election to succeed himself or herself in any office to which he or she60 |
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| 85 | 85 | | was appointed nor to hold such office in the event he or she is elected thereto and otherwise61 |
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| 86 | 86 | | qualified therefor; provided, however, that the commissioner shall resign as commissioner62 |
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| 87 | 87 | | of transportation before accepting any such appointive office."63 |
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| 88 | 88 | | SECTION 2.64 |
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| 89 | 89 | | This Act shall become effective on January 1, 2025, only if there is ratified at the 202465 |
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| 90 | 90 | | general election an amendment to the Constitution of Georgia which authorizes the General66 |
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| 91 | 91 | | Assembly to prescribe by law the method of selection of the commissioner of transportation.67 |
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| 92 | 92 | | If such resolution is not ratified, this Act shall not become effective and shall stand repealed68 |
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| 93 | 93 | | in its entirety on January 1, 2025.69 23 LC 39 3957 |
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| 94 | 94 | | H. B. 828 |
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| 95 | 95 | | - 4 - |
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| 96 | 96 | | SECTION 3. |
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| 97 | 97 | | 70 |
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| 98 | 98 | | All laws and parts of laws in conflict with this Act are repealed.71 |
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