LC 39 4729S
The House Committee on Rules offers the following substitute to HB 651:
A BILL TO BE ENTITLED
AN ACT
To amend Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated,1
relating to speed detection devices, so as to revise provisions relative to the use of automated2
traffic enforcement safety devices in school zones; to provide for standards for signs warning3
of the use of automated traffic enforcement safety devices in school zones; to repeal4
exceptions to making a case based upon use of speed detection devices; to include civil5
monetary penalties collected for violations of speed limits enforced by automated traffic6
enforcement safety devices for consideration of the maximum percent of a law enforcement7
agency's budget; to provide for time frames for issuing citations for the violation of speed8
limit by ten miles per hour or more in a school zone through the use of automated traffic9
enforcement safety devices; to revise application procedure and standards for a permit to10
operate such devices; to remove authorization to impose processing fees relating to civil11
monetary penalties; to provide standards for notice sent for imposition of a civil monetary12
penalty; to remove penalties relating to motor vehicle registration renewal; to provide for13
distribution of moneys collected; to require quarterly reporting on use of collected moneys;14
to provide for definitions; to amend Title 15 of the Official Code of Georgia Annotated,15
relating to courts, so as to authorize district attorneys, solicitors-general, and prosecuting16
attorneys to enforce civil monetary penalties relative to the enforcement of laws regarding17
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speeding in a school zone using recorded images; to provide for related matters; to repeal18
conflicting laws; and for other purposes.19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:20
SECTION 1.21
Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to22
speed detection devices, is amended in Code Section 40-14-1.1, relating to definitions, by23
revising paragraph (5) as follows:24
"(5) 'School zone' means the area within 1,000 feet of the boundary of defined in an25
existing master state order or local ordinance as a school zone area for any public or26
private elementary or secondary school."27
SECTION 2.28
Said article is further amended in Code Section 40-14-6, relating to warning signs required29
and signage requirements, by revising subsection (c) as follows:30
"(c) In addition to the signs required under subsections (a) and (b) of this Code section,31
each law enforcement agency using an automated traffic enforcement safety device as32
provided for in Code Section 40-14-18 shall erect signs warning of the use of a stationary33
speed detection an automated traffic safety enforcement device within the approaching34
school zone. Such signs shall be at least 24 by 30 inches in area, shall be visible plainly35
from every lane of traffic, shall be viewable in all traffic conditions, and shall not be placed36
in such a manner that the view of such sign is subject to being obstructed by any other37
vehicle on such highway. Automated traffic enforcement safety device warning Such signs38
shall be placed within 500 feet prior to the any warning sign announcing the reduction of39
the speed limit for the school speed zone. Such signs shall include a sign or device which40
provides the operator of a motor vehicle approaching such sign with an accurate depiction41
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of the speed of such motor vehicle and lights which flash yellow when the automated42
traffic enforcement safety device is authorized to issue citations pursuant to Code Section43
40-14-18 and in accordance with any rule or regulation established by the Department of44
Transportation. There shall be a rebuttable presumption that such signs are properly45
installed pursuant to this subsection at the time of any alleged violation under this article."46
SECTION 3.47
Said article is further amended by revising Code Section 40-14-8, relating to when case may48
be made and conviction had, as follows:49
"40-14-8.50
(a) No county, city, or campus officer shall be allowed to make a case based on the use of51
any speed detection device, unless the speed of the vehicle exceeds the posted speed limit52
by more than ten miles per hour and no conviction shall be had thereon unless such speed53
is more than ten miles per hour above the posted speed limit.54
(b) The limitations contained in subsection (a) of this Code section shall not apply in55
properly marked school zones one hour before, during, and one hour after the normal hours56
of school operation or programs for care and supervision of students before school, after57
school, or during vacation periods as provided for under Code Section 20-2-65, in properly58
marked historic districts, and in properly marked residential zones. For purposes of this59
chapter, thoroughfares with speed limits of 35 miles per hour or more shall not be60
considered residential districts. For purposes of this Code section, the term 'historic61
district' means a historic district as defined in paragraph (5) of Code Section 44-10-22 and62
which is listed on the Georgia Register of Historic Places or as defined by ordinance63
adopted pursuant to a local constitutional amendment."64
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SECTION 4.65
Said article is further amended in Code Section 40-14-11, relating to investigations by66
commissioner of public safety, issuance of order suspending or revoking permit, and ratio67
of speeding fines to agency's budget, by revising subsection (d) as follows:68
"(d) There shall be a rebuttable presumption that a law enforcement agency is employing69
speed detection devices for purposes other than the promotion of the public health, welfare,70
and safety if the fines or civil monetary penalties levied based on the use of speed detection71
devices for speeding offenses are equal to or greater than 35 percent of a municipal or72
county law enforcement agency's budget. For purposes of this Code section, fines collected73
for citations issued for violations of Code Section 40-6-180 shall be included when74
calculating total speeding fine revenue for the agency; provided, however, that fines for75
speeding violations exceeding 20 miles per hour over the established speed limit and civil76
monetary penalties for speeding violations issued pursuant to Code Section 40-14-18 shall77
not be considered when calculating total speeding fine revenue for the agency."78
SECTION 5.79
Said article is further amended by revising Code Section 40-14-18, relating to enforcement80
of speed limit in school zones with recorded images, civil monetary penalty, and81
consequences for failure to pay penalty, as follows:82
"40-14-18.83
(a)(1) The speed limit within any school zone as provided for in Code Section 40-14-884
and marked pursuant to Code Section 40-14-6 may be enforced by using photographically85
recorded images for violations that are in excess of ten miles per hour over the speed limit86
and which occurred only on a school day during the time in which instructional classes87
are taking place and one hour before such classes are scheduled to begin and for one hour88
after such classes have concluded when such violations are in excess of ten miles per89
hour over the speed limit and only:90
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(A) One hour prior to and one hour after the school's official starting time; and91
(B) One hour prior to and one hour after the school's official dismissal time.92
(2) Prior to the placement of a an automated traffic enforcement safety device within a93
school zone, each school within whose school zone the governing body of the county or94
municipality whose law enforcement agency is authorized to enforce the speed limit of95
a school zone where such automated traffic enforcement safety device is to be placed and96
which holds a valid permit for the operation of speed detection devices issued by the97
Department of Public Safety pursuant to Code Section 40-14-2 shall first apply for and98
secure a permit from the Department of Transportation for the use of such automated99
traffic enforcement safety device. Such permit shall be awarded based upon need;100
provided, however, that a permit issued for placement upon any highway with more than101
two lanes shall require a demonstration of prior history which justifies such need. The102
Department of Transportation shall promulgate rules and regulations for the103
implementation of this paragraph.104
(b) For the purpose of enforcement pursuant to this Code section:105
(1) The owner of a motor vehicle shall be liable for a civil monetary penalty to the106
governing body of the law enforcement agency provided for in paragraph (2) of this107
subsection if such vehicle is found, as evidenced by photographically recorded images,108
to have been operated in disregard or disobedience of the speed limit within any a school109
zone and such disregard or disobedience was not otherwise authorized by law. The110
amount of such civil monetary penalty shall be $75.00 for a first violation and $125.00111
for a second or any subsequent violation, in addition to fees associated with the electronic112
processing of such civil monetary penalty which shall not exceed $25.00; provided,113
however, that for a period of 30 days after the first automated traffic enforcement safety114
device is introduced by a law enforcement agency within a school zone, the driver owner115
of a motor vehicle shall not be liable for a civil monetary penalty but shall be issued a116
civil warning for disregard or disobedience of the speed limit within the school zone;117
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(2) A law enforcement agency authorized to enforce the speed limit of a school zone, or118
an agent working on behalf of a law enforcement agency or governing body, shall send119
by first class first-class mail in an envelope which prominently displays the name and seal120
or logo of the governing body and addressed to the owner of the motor vehicle within 30121
days after obtaining the name and address of the owner of the motor vehicle from the122
Department of Revenue but no later than 60 days after the date of the alleged violation:123
(A) A citation for the alleged violation, which shall include the date and time of the124
violation, the location of the infraction, the maximum speed at which such motor125
vehicle was traveling in photographically as evidenced by recorded images, the126
maximum speed applicable within such school zone, the civil warning or the amount127
of the civil monetary penalty imposed, and the date by which a civil monetary penalty128
shall be paid;129
(B) An image taken from the photographically recorded images showing the vehicle130
involved in the infraction;131
(C) A website address where photographically recorded images showing the vehicle132
involved in the infraction and a duplicate of the information provided for in this133
paragraph may be viewed;134
(D) A copy of a certificate sworn to or affirmed by a certified peace officer employed135
by a law enforcement agency authorized to enforce the speed limit of the school zone136
and stating that, based upon inspection of photographically recorded images, the137
owner's motor vehicle was operated in disregard or disobedience of the speed limit in138
the marked school zone and that such disregard or disobedience was not otherwise139
authorized by law;140
(E) A statement of the inference provided by paragraph (4) of this subsection and of141
the means specified therein by which such inference may be rebutted;142
(F) Information advising the owner of the motor vehicle of the manner in which143
liability as alleged in the citation may be contested through an administrative hearing144
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which shall include a statement which reads: 'YOU HAVE A RIGHT TO CONTEST145
LIABILITY BY CONTACTING YOUR LOCAL COURT' ; and146
(G) A warning that failure to pay the civil monetary penalty or to contest liability in147
a timely manner as provided for in subsection (d) of this Code section shall waive any148
right to contest liability;149
(3) Proof that a motor vehicle was operated in disregard or disobedience of the speed150
limit of the marked school zone shall be evidenced by photographically recorded images. 151
A copy of a certificate sworn to or affirmed by a certified peace officer employed by a152
law enforcement agency and stating that, based upon inspection of photographically153
recorded images, a motor vehicle was operated in disregard or disobedience of the speed154
limit in the marked school zone and that such disregard or disobedience was not155
otherwise authorized by law shall be prima-facie evidence of the facts contained therein;156
and157
(4) Liability under this Code section shall be determined based upon a preponderance of158
the evidence. Prima-facie evidence that the vehicle described in the citation issued159
pursuant to this Code section was operated in violation of the speed limit of the school160
zone, together with proof that the defendant was, at the time of such violation, the161
registered owner of the vehicle, shall permit the trier of fact in its discretion to infer that162
such owner of the vehicle was the driver operator of the vehicle at the time of the alleged163
violation. Such an inference may be rebutted if the owner of the vehicle:164
(A) Testifies under oath in open court or submits to the court a sworn notarized165
statement that he or she was not the operator of the vehicle at the time of the alleged166
violation; or167
(B) Presents to the court a certified copy of a police report showing that the vehicle had168
been reported to the police as stolen prior to the time of the alleged violation.169
(c) A violation for which a civil warning or a civil monetary penalty is imposed pursuant170
to this Code section shall not be considered a moving traffic violation for the purpose of171
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points assessment under Code Section 40-5-57. Such violation shall be deemed172
noncriminal, and imposition of a civil warning or civil monetary penalty pursuant to this173
Code section shall not be deemed a conviction and shall not be made a part of the operating174
record of the person upon whom such liability is imposed, nor shall it be used for any175
insurance purposes in the provision of motor vehicle insurance coverage.176
(d) If a person issued and mailed a citation pursuant to subsection (b) of this Code section177
fails to pay the civil monetary penalty for the violation or has not filed a police report or178
notarized statement pursuant to paragraph (4) of subsection (b) of this Code section in no179
less than 30 nor more than 60 days after such mailing as determined and noticed by the law180
enforcement agency, the agent or law enforcement agency shall send to such person by first181
class first-class mail a second notice of any unpaid civil monetary penalty, except in cases182
where there is an adjudication that no violation occurred or there is otherwise a lawful183
determination that no civil monetary penalty shall be imposed. The second notice shall184
include all information required in paragraph (2) of subsection (b) of this Code section and185
shall include a new date of return by which the civil monetary penalty shall be paid which186
shall be no less than 30 days after such mailing as determined and noticed by the law187
enforcement agency. If such person notified by second notice again fails to pay the civil188
monetary penalty or file a police report or notarized statement pursuant to paragraph (4)189
of subsection (b) of this Code section by the new date of return included in the notice, such190
person shall have waived the right to contest the violation and shall be liable for the civil191
monetary penalty provided for under this Code section, except in cases where there is an192
adjudication that no violation occurred or there is otherwise a lawful determination that no193
civil monetary penalty shall be imposed.194
(e) Notices mailed by first class first-class mail pursuant to this Code section shall be195
adequate notification of the fees and penalties imposed by this Code section. No other196
notice shall be required for the purposes of this Code section.197
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(f) Any court having jurisdiction over violations of subsection (a) of this Code section198
shall have jurisdiction over cases arising under this subsection and shall be authorized to199
impose the civil monetary penalty provided by this subsection. Except as otherwise200
provided in this subsection, the provisions of law governing jurisdiction, procedure,201
defenses, adjudication, appeal, and payment and distribution of penalties otherwise202
applicable to violations of subsection (a) of this Code section shall apply to enforcement203
under this Code section except as provided in subsection (b) of this Code section; provided,204
however, that any appeal from superior or state court shall be by application in the same205
manner as that provided by Code Section 5-6-35.206
(g) If a violation has not been contested and the assessed penalty has not been paid, the207
agent or governing body shall send to the person who is the registered owner of the motor208
vehicle a final notice of any unpaid civil monetary penalty authorized by this Code section,209
except in cases where there is an adjudication that no violation occurred or there is210
otherwise a lawful determination that no civil monetary penalty shall be imposed. The211
notice shall inform the registered owner that the agent or governing body shall send a212
referral to the Department of Revenue if the assessed penalty is not paid within 30 days213
after the final notice was mailed and of the consequences for failure to pay such penalty214
and any late fee.215
(h) The agent or governing body shall send a referral to the Department of Revenue not216
sooner than 30 days after the final notice required under subsection (g) was mailed if a217
violation has not been contested and the assessed penalty has not been paid, except in cases218
where there is an adjudication that no violation occurred or there is otherwise a lawful219
determination that no civil monetary penalty shall be imposed. The referral to the220
Department of Revenue shall include the following:221
(1) Any information known or available to the agent or governing body concerning the222
license plate number, year of registration, and the name of the owner of the motor223
vehicle;224
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(2) The date on which the violation occurred;225
(3) The citation number issued for the violation; and226
(4) The date when the notice required under this Code section was mailed.227
(i) If the Department of Revenue receives a referral under subsection (h) of this Code228
section, such referral shall be entered into the motor vehicle data base within five days of229
receipt and the Department of Revenue shall refuse to renew the registration of the motor230
vehicle unless and until the civil monetary penalty plus any late fee is paid to the agent or231
governing body.232
(j) The Department of Revenue shall remove the penalty on a vehicle registration if any233
person presents the Department of Revenue with adequate proof from the agent or234
governing body that the penalty and any late fee, if applicable, has been paid.235
(k) Recorded images made for purposes of this Code section shall not be a public record236
for purposes of Article 4 of Chapter 18 of Title 50.237
(l)(i) A civil warning or civil monetary penalty under this Code section on the owner of238
a motor vehicle shall not be imposed if the operator of the vehicle was arrested or issued239
a citation and notice to appear by a certified peace officer for the same violation.240
(m)(j)(1) As used in this subsection, the term 'school safety purposes' means activities241
incident to the establishment, procurement, or maintenance of safety measures within242
public or private elementary or secondary schools that enhance and ensure the protection243
of students, staff, and visitors to such a school, including, but not limited to, access244
control systems, communication systems, cyber security measures, perimeter security245
systems, surveillance systems, visitor management systems, employment of crossing246
guards, and safety protocol training. Such purposes may further include mental health247
support services in collaboration with law enforcement to address safety concerns248
proactively.249
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(2) The money moneys collected and remitted to the governing body pursuant to250
paragraph (1) of subsection (b) of this Code section shall only be used by such governing251
body to as follows:252
(A) Fifty percent shall be allocated to fund local law enforcement or public safety253
initiatives; and254
(B) Fifty percent shall be allocated equally among all schools within the jurisdiction255
of the governing body for school safety purposes.256
(3) This subsection shall not preclude the appropriation of a greater amount than257
collected and remitted under this subsection.258
(4) At least quarterly, the local governing body shall post upon its website a report on the259
moneys disbursed pursuant to this subsection, which shall include the amount allocated260
to each school within the jurisdiction of such governing body."261
SECTION 6.262
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code263
Section 15-9-155, relating to prosecuting attorney's duties and authority in probate courts in264
counties in which there are no state courts, by revising subparagraph (a)(1)(A) as follows:265
"(A) In the prosecution of any violation of the laws or ordinances of such county which266
is within the jurisdiction of such probate court and punishable by confinement or a fine267
or both or by a civil penalty authorized by Code Section 40-6-163 or 40-14-18;"268
SECTION 7.269
Said title is further amended in Code Section 15-18-6, relating to duties of district attorney,270
by revising paragraph (6) as follows:271
"(6) To prosecute civil actions to enforce any civil penalty set forth in Code272
Section 40-6-163 or 40-14-18 and to prosecute or defend any other civil action in the273
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prosecution or defense of which the state is interested, unless otherwise specially274
provided for;"275
SECTION 8.276
Said title is further amended in Code Section 15-18-66, relating to duties and authority of277
solicitors-general of state courts, by revising paragraph (4) of subsection (b) as follows:278
"(4) To prosecute civil actions to enforce any civil penalty set forth in Code279
Section 40-6-163 or 40-14-18 and when authorized by law to prosecute or defend any280
civil action in the state court in the prosecution or defense of which the state is interested,281
unless otherwise specially provided for;"282
SECTION 9.283
Said title is further amended in Code Section 15-18-96, relating to authority of prosecuting284
attorney of municipal courts, by revising subparagraph (a)(1)(A) as follows:285
"(A) In the prosecution of any violation of the laws or ordinances of such municipality286
which is within the jurisdiction of such municipal court and punishable by confinement287
or a fine or both or by a civil penalty authorized by Code Section 40-6-163 or 40-14-18;288
and"289
SECTION 10.290
All laws and parts of laws in conflict with this Act are repealed.291
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