HB651: HB651 Motor vehicles; use of automated traffic enforcement safety devices in school zones; revise provisions

26 HB 651/AP House Bill 651 (AS PASSED HOUSE AND SENATE) By: Representatives Powell of the 33rd, Corbett of the 174th, Erwin of the 32nd, Burchett of the 176th, Williamson of the 112th, and others A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 14 of Title 40 of the Official Co de 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 revise standards for signs warning of3 the use of automated traffic enforcement safety devices in school zones; to repeal exceptions4 to making a case based upon use of speed detection devices; to provide for investigations5 relative to complaints and violations; to provide for penalties for misuse or unauthorized use6 of automated traffic enforcement safety devices; to authorize revocation of speed detection7 device permits and permits relating to such devices; to include civil monetary penalties8 collected for violations of speed limits enforced by automated traffic enforcement safety9 devices for consideration of the maximum percent of a law enforcement agency's budget; to10 provide for hearing rights upon revocation of permits for opera tion of automated traffic11 enforcement safety devices; to provide for appeal; to provide f or the ability of a local12 government to decrease time frames for issuing citations for th e violation of posted speed13 limit by ten miles per hour or more in a school zone through th e use of automated traffic14 enforcement safety devices; to revise application procedure for a permit to operate such15 devices; to prohibit the assessment of late fees and taxes relating to civil monetary penalties;16 to provide standards for notice sent for imposition of a civil monetary penalty; to provide for17 distribution of moneys collected; to require approval by local referendum of the use of18 automated traffic enforcement safety devices for enforcement of laws relative to speeding19 H. B. 651 - 1 - 26 HB 651/AP violations in school zones; to provide for procedures, conditio ns, and limitations for such20 referendum; to provide for ballot language; to amend Title 15 of the Official Code of Georgia21 Annotated, relating to courts, so as to authorize district atto rneys, solicitors-general, and22 prosecuting attorneys to enforce civil monetary penalties relative to the enforcement of laws23 regarding speeding in a school zone using recorded images; to provide for related matters;24 to provide for effective dates; to repeal conflicting laws; and for other purposes.25 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:26 SECTION 1.27 Article 2 of Chapter 14 of Title 40 of the Official Code of Geo rgia Annotated, relating to28 speed detection devices, is amended in Code Section 40-14-5, re lating to testing of radar29 devices, removal of inaccurate radar devices from service, and maintenance of testing log30 and independent calibration tests of automated traffic enforcem ent devices, by revising31 paragraph (1) of subsection (c) as follows:32 "(c)(1) Automated traffic enforcement safety devices shall be exempt from approval and33 design requirements for radar or laser devices set or used by t he Department of Public34 Safety; provided, however, that any The law enforcement agency, or agent on behalf of35 the law enforcement agency, operating an automated traffic enfo rcement safety device36 provided for under Code Section 40-14-18 shall maintain a log for the automated traffic37 enforcement safety device attesting to the performance of such device's self-test at least38 once every 30 days and the results of such self-test pertaining to the accuracy of the39 automated traffic enforcement safety device. Such log shall be admissible in any court40 proceeding for a violation issued pursuant to Code Section 40-14-18."41 H. B. 651 - 2 - 26 HB 651/AP SECTION 2.42 Said article is further amended in Code Section 40-14-6, relating to warning signs required43 and signage requirements, by revising subsection (c) as follows:44 "(c) In addition to the signs required under subsections (a) an d (b) of this Code section,45 each law enforcement agency using an automated traffic enforcem ent safety device as46 provided for in Code Section 40-14-18 shall erect signs warning of the use of a stationary47 speed detection an automated traffic enforcement safety device within the an approaching48 school zone. Such signs shall be at least 24 by 30 inches in a rea, shall be visible plainly49 from every lane of traffic, shall be viewable in all traffic conditions, and shall not be placed50 in such a manner that the view of such sign is subject to being obstructed by any other51 vehicle on such highway. Automated traffic enforcement safety device warning Such signs52 shall be placed within 500 feet prior to the any warning sign announcing the reduction of53 the speed limit for the school speed zone. Such signs shall include lights which flash54 yellow in accordance with any rule or regulation established by the Department of55 Transportation when the automated traffic enforcement safety device is authorized to issue56 citations pursuant to Code Section 40-14-18. There shall be a rebuttable presumption that57 such signs are properly installed pursuant to this subsection a t the time of any alleged58 violation under this article."59 SECTION 3.60 Said article is further amended by revising Code Section 40-14-8, relating to when case may61 be made and conviction had, as follows:62 "40-14-8.63 (a) No county, city, or campus officer shall be allowed to make a case based on the use of64 any speed detection device, unless the speed of the motor vehicle exceeds the posted speed65 limit by more than ten miles per hour and no conviction shall be had thereon unless such66 speed is more than ten miles per hour above the posted speed limit.67 H. B. 651 - 3 - 26 HB 651/AP (b) The limitations contained in subsection (a) of this Code s ection shall not apply in68 properly marked school zones one hour before, during, and one hour after the normal hours69 of school operation or programs for care and supervision of students before school, after70 school, or during vacation periods as provided for under Code Section 20-2-65, in properly71 marked historic districts, and in properly marked residential z ones. For purposes of this72 chapter, thoroughfares with speed limits of 35 miles per hour o r more shall not be73 considered residential districts. For purposes of this Code se ction, the term 'historic74 district' means a historic district as defined in paragraph (5) of Code Section 44-10-22 and75 which is listed on the Georgia Register of Historic Places or a s defined by ordinance76 adopted pursuant to a local constitutional amendment."77 SECTION 4.78 Said article is further amended by revising Code Section 40-14-11, relating to investigations79 by commissioner of public safety, issuance of order suspending or revoking permit, and ratio80 of speeding fines to agency's budget, as follows:81 "40-14-11.82 (a) Upon a complaint being made to the commissioner of public safety that any county,83 municipality, college, or university, or agent is employing speed detection devices for84 purposes other than the promotion of the public health, welfare, and safety or in a manner85 which violates this chapter or violates its speed detection device permit, the commissioner86 or the commissioner's designee is authorized and empowered to conduct an investigation87 into the acts and practices of such county, municipality, colle ge, or university, or agent88 with respect to speed detection devices. If, as a result of th is such investigation, the89 commissioner or the commissioner's designee finds that there is probable cause to suspend90 or revoke the speed detection device permit of such county, mun icipality, college, or91 university, he or she shall issue an order to that effect.92 H. B. 651 - 4 - 26 HB 651/AP (b) Upon the suspension or revocation of any speed detection device permit for the reasons93 set forth in this Code section, the commissioner of public safety shall notify the executive94 director of the Georgia Peace Officer Standards and Training Co uncil and the95 commissioner of transportation of the action taken.96 (c) Upon receipt from the executive director of the Georgia Peace Officer Standards and97 Training Council that an a peace officer's certification to operate speed detection devices98 has been withdrawn or suspended pursuant to Code Section 35-8-12, the commissioner of99 public safety or the commissioner's designee shall suspend the speed detection device100 permit for the employing agency. The period of suspension or r evocation shall be101 consistent with the action taken by the Georgia Peace Officer S tandards and Training102 Council.103 (d) Upon the conclusion of an investigation pursuant to subsection (a) of this Code section,104 any agent, law enforcement agency, or governing body found to have intentionally violated105 any provision of this chapter relating to automated traffic enf orcement safety devices,106 including, but not limited to, the unauthorized issuance of a civil monetary penalty for a107 violation of this title other than as provided for in this chap ter, shall be assessed a fine108 of $2,500.00 for the first violation and $5,000.00 for a second violation by the109 commissioner of public safety. The commissioner of public safe ty shall be further110 authorized to suspend a local government's speed detection device permit upon a third or111 subsequent finding of a violation of this chapter. The commissioner of public safety shall112 notify the Department of Transportation of any such suspension, and the Department of113 Transportation shall suspend the automated traffic enforcement safety device permits for114 such jurisdiction upon receipt of such notice and for a period not to exceed 12 months.115 (e) There shall be a rebuttable presumption that a law enforcement agency is employing116 speed detection devices for purposes other than the promotion of the public health, welfare,117 and safety if the fines or civil monetary penalties levied based on the use of speed detection118 devices for speeding offenses are equal to or greater than 35 p ercent of a municipal or119 H. B. 651 - 5 - 26 HB 651/AP county law enforcement agency's budget. For purposes of this Code section, fines collected120 for citations issued for violations of Code Section 40-6-180 sh all be included when121 calculating total speeding fine revenue for the agency; provide d, however, that fines for122 speeding violations exceeding 20 miles per hour over the established speed limit and civil123 monetary penalties for speeding violations issued pursuant to Code Section 40-14-18 shall124 not be considered when calculating total speeding fine revenue for the agency."125 SECTION 5.126 Said article is further amended by revising Code Section 40-14-12, relating to administrative127 hearing upon permit suspension or revocation, as follows:128 "40-14-12.129 (a) Upon issuance by the commissioner of public safety of an orde r suspending or130 revoking the speed detection device permit of any county, munic ipality, college, or131 university, the county, municipality, college, or university af fected shall be afforded a132 hearing, to be held within ten days of the effective date of the order. The hearing shall be133 held before the commissioner or deputy commissioner of public safety, and, following the134 such hearing, the county, municipality, college, or university affected shall be served with135 a written decision announcing whether the permit shall remain revoked or whether it shall136 be reinstated.137 (b) Upon issuance of an order by the commissioner of transport ation suspending or138 revoking an automated traffic enforcement safety device permit, the affected governing139 body shall be afforded a hearing, to be held within ten days of the effective date of the140 order. The hearing shall be held before the commissioner of transportation, and, following141 such hearing, the affected governing body shall be served with a written decision142 announcing whether the permit shall remain revoked or whether it shall be reinstated."143 H. B. 651 - 6 - 26 HB 651/AP SECTION 6.144 Said article is further amended by revising Code Section 40-14-13, relating to administrative145 and judicial appeal of decision suspending or revoking permit, as follows:146 "40-14-13.147 (a) Any county, municipality, college, or university aggrieved by a decision of the148 commissioner or deputy commissioner of public safety suspending or revoking its speed149 detection device permit may appeal that decision within 30 days of its effective date to the150 Board of Public Safety, which shall schedule a hearing with respect thereto to such hearing151 before the board. Following a hearing before the board, the county, municipality, college,152 or university affected shall be served with a written decision announcing whether the153 permit shall remain revoked or whether it shall be reinstated. An adverse decision of the154 board may be appealed by the county, municipality, college, or university to the superior155 court with appropriate jurisdiction, but the municipality, county, municipality, college, or156 university shall be denied the use of the speed detection device until after such appeal is157 decided by the court.158 (b) Any governing body aggrieved by a decision of the commissi oner of transportation159 suspending or revoking its automated traffic enforcement safety device permit may appeal160 such decision within 30 days of its effective date to the super ior court with appropriate161 jurisdiction; provided, however, that the governing body shall be denied the use of an162 automated traffic enforcement safety device until after such appeal is decided by the court."163 SECTION 7.164 Said article is further amended by revising Code Section 40-14-17, relating to laser devices165 and reliability and admissibility of evidence, as follows:166 "40-14-17.167 Evidence of speed based on a speed detection device, other than an automated traffic168 enforcement safety device, using the speed timing principle of laser which is of a model169 H. B. 651 - 7 - 26 HB 651/AP that has been approved by the Department of Public Safety shall be considered170 scientifically acceptable and reliable as a speed detection dev ice and shall be admissible171 for all purposes in any court, judicial, or administrative proc eedings in this state. A172 certified copy of the Department of Public Safety list of appro ved models of such laser173 devices shall be self-authenticating and shall be admissible for all purposes in any court,174 judicial, or administrative proceedings in this state."175 SECTION 8.176 Said article is further amended by revising Code Section 40-14-18, relating to enforcement177 of speed limit in school zones with recorded images, civil mone tary penalty, and178 consequences for failure to pay penalty, as follows:179 "40-14-18.180 (a)(1) The speed limit within any school zone as provided for in Code Section 40-14-8181 and marked pursuant to Code Section 40-14-6 may be enforced by using photographically182 recorded images for violations which occurred only on a school day during the time in183 which instructional classes are taking place and for one hour before such classes are184 scheduled to begin and for one hour after such classes have con cluded when such185 violations are in excess of ten miles per hour over the speed l imit; provided, however,186 that a governing body of a county or municipality shall be auth orized to enact an187 ordinance or resolution which provides for further limitations upon the hours when188 enforcement may take place than as authorized by this paragraph. Violations enforced189 pursuant to this paragraph shall be based upon the ten miles pe r hour over the reduced190 speed limit when a reduction for the speed limit for a school z one is in effect and ten191 miles per hour over the posted speed limit for the school zone when no reduced speed192 limit is in effect.193 (2) Prior to the placement of a an automated traffic enforcement safety device within a194 school zone, each school within whose school zone the governing body of the county or195 H. B. 651 - 8 - 26 HB 651/AP municipality whose law enforcement agency is authorized to enforce the speed limit of196 a school zone where such automated traffic enforcement safety device is to be placed and197 which holds a valid permit for the operation of speed detection devices issued by the198 Department of Public Safety pursuant to Code Section 40-14-2 shall first apply for and199 secure a permit from the Department of Transportation for the u se of such automated200 traffic enforcement safety device. The Department of Transport ation shall be the sole201 agency responsible for the approval and issuance of permits for automated traffic202 enforcement safety devices, and no approval of automated traffi c enforcement safety203 devices by the Department of Public Safety shall be required. Such permit shall be204 awarded based upon need. The Department of Transportation shall promulgate rules and205 regulations for the implementation of this paragraph.206 (b) For the purpose of enforcement pursuant to this Code section:207 (1) The owner of a motor vehicle shall be liable for a civil m onetary penalty to the208 governing body of the law enforcement agency provided for in pa ragraph (2) of this209 subsection authorized to enforce the speed limit within the school zone w here an210 automated traffic enforcement safety device is located if such motor vehicle is found, as211 evidenced by photographically recorded images, to have been operated in disregard or212 disobedience of the posted speed limit within any a school zone and such disregard or213 disobedience was not otherwise authorized by law. The amount of such civil monetary214 penalty shall be $75.00 for a first violation and $125.00 for a second or any subsequent215 violation, in addition to fees associated with the electronic p rocessing of such civil216 monetary penalty which shall not exceed $25.00 $10.00; provided, however, that, for a217 period of 30 days after the first automated traffic enforcement safety device is introduced218 by a law enforcement agency within a school zone, the driver owner of a motor vehicle219 shall not be liable for a civil monetary penalty but shall be i ssued a civil warning for220 disregard or disobedience of the posted speed limit within the school zone;221 H. B. 651 - 9 - 26 HB 651/AP (2) A law enforcement agency authorized to enforce the speed limit of a school zone, or222 an agent working on behalf of a law enforcement agency or governing body, shall send223 by first class first-class mail in an envelope which prominently displays the name and seal224 or logo of the governing body and addressed to the owner of the motor vehicle within 30225 days after obtaining the name and address of the owner of the m otor vehicle from the226 Department of Revenue or other official state agency which registers motor vehicles for227 a motor vehicle registered in another state but no later than 60 days after the date of the228 alleged violation:229 (A) A citation for the alleged violation, which shall include the date and time of the230 violation, the location of the infraction, the maximum speed at which such motor231 vehicle was traveling in photographically as evidenced by r e c o r d e d i m a g e s , t h e232 maximum speed applicable within such school zone, the civil warning or the amount233 of the civil monetary penalty imposed, and the date by which a civil monetary penalty234 shall be paid;235 (B) An image taken from the photographically recorded images showing the motor236 vehicle involved in the infraction;237 (C) A website address where photographically recorded images showing the motor238 vehicle involved in the infraction and a duplicate of the information provided for in this239 paragraph may be viewed;240 (D) A copy of a certificate sworn to or affirmed by a certified peace officer employed241 by a law enforcement agency authorized to enforce the speed limit of the school zone242 and stating that, based upon inspection of photographically r e c o r d e d i m a g e s , t h e243 owner's motor vehicle was operated in disregard or disobedience of the speed limit in244 the marked school zone and that such disregard or disobedience was not otherwise245 authorized by law;246 (E) A statement of the inference provided by paragraph (4) of this subsection and of247 the means specified therein by which such inference may be rebutted;248 H. B. 651 - 10 - 26 HB 651/AP (F) Information advising the owner of the motor vehicle of the manner in which249 liability as alleged in the citation may be contested through an administrative hearing250 which shall include a statement which reads: 'YOU HAVE A RIGHT TO CONTEST251 LIABILITY IN COURT'; and252 (G) A warning that failure to pay the civil monetary penalty o r to contest liability in253 a timely manner as provided for in subsection (d) of this Code section shall waive any254 right to contest liability;255 (3) Proof that a motor vehicle was operated in disregard or di sobedience of the speed256 limit of the marked school zone shall be as evidenced by photographically recorded257 images. A accompanied by a copy of a certificate sworn to or affirmed by a certified258 peace officer employed by a law enforcement agency and stating that, based upon259 inspection of photographically r e c o r d e d i m a g e s , a m o t o r v e h i c l e w a s o p e r a t e d i n260 disregard or disobedience of the speed limit in the marked scho ol zone and that such261 disregard or disobedience was not otherwise authorized by law s hall be prima-facie262 evidence of the facts contained therein; and263 (4) Liability under this Code section shall be determined based upon a preponderance of264 the evidence. Prima-facie evidence that the motor vehicle described in the citation issued265 pursuant to this Code section was operated in violation of the speed limit of the school266 zone, together with proof that the defendant was, at the time o f such violation, the267 registered owner of the motor vehicle, shall permit the trier of fact in its discretion to268 infer that such owner of the motor vehicle was the driver operator of the motor vehicle269 at the time of the alleged violation. Such an inference may be rebutted if the owner of270 the motor vehicle:271 (A) Testifies under oath in open court or submits to the court a s w o r n n o t a r i z e d272 statement that he or she was not the operator of the motor vehicle at the time of the273 alleged violation; or274 H. B. 651 - 11 - 26 HB 651/AP (B) Presents to the court a certified copy of a police report showing that the motor275 vehicle had been reported to the police as stolen prior to the time of the alleged276 violation.277 (c) A violation for which a civil warning or a civil monetary penalty is imposed pursuant278 to this Code section shall not be considered a moving traffic violation for the purpose of279 points assessment under Code Section 40-5-57. Such violation s hall be deemed280 noncriminal, and imposition of a civil warning or civil monetary penalty pursuant to this281 Code section shall not be deemed a conviction and shall not be made a part of the operating282 record of the person upon whom such liability is imposed, nor s hall it be used for any283 insurance purposes in the provision of motor vehicle insurance coverage. A civil monetary284 penalty imposed pursuant to this Code section shall not be taxed nor shall any additional285 penalty, fee, or surcharge to such penalty be assessed other than as authorized by this Code286 section.287 (d) If a person issued and mailed a citation pursuant to subsection (b) of this Code section288 fails to pay the civil monetary penalty for the violation or has not filed a police report or289 notarized statement pursuant to paragraph (4) of subsection (b) of this Code section in no290 less than 30 nor more than 60 days after such mailing as determined and noticed by the law291 enforcement agency, the agent or law enforcement agency shall send to such person by first292 class first-class mail a second notice of any unpaid civil monetary penalty, except in cases293 where there is an adjudication that no violation occurred or th ere is otherwise a lawful294 determination that no civil monetary penalty shall be imposed. No late fee shall be295 imposed for any unpaid civil monetary penalty imposed under thi s Code section. The296 second notice shall include all information required in paragraph (2) of subsection (b) of297 this Code section and shall include a new date of return by which the civil monetary298 penalty shall be paid which shall be no less than 30 days after such mailing as determined299 and noticed by the law enforcement agency. If such person notified by second notice again300 fails to pay the civil monetary penalty or file a police report or notarized statement pursuant301 H. B. 651 - 12 - 26 HB 651/AP to paragraph (4) of subsection (b) of this Code section by the new date of return included302 in the notice, such person shall have waived the right to contest the violation and shall be303 liable for the civil monetary penalty provided for under this Code section, except in cases304 where there is an adjudication that no violation occurred or th ere is otherwise a lawful305 determination that no civil monetary penalty shall be imposed.306 (e) Notices mailed by first class first-class mail pursuant to this Code section shall be307 adequate notification of the fees and penalties imposed by this Code section. No other308 notice shall be required for the purposes of this Code section.309 (f) Any court having jurisdiction over violations of subsectio n (a) of this Code section310 traffic laws within a jurisdiction where recorded images were p roduced shall have311 jurisdiction over cases arising under this subsection Code section and shall be authorized312 to impose the civil monetary penalty provided by this subsection Code section. Except as313 otherwise provided in this subsection C o d e s e c t i o n, the provisions of law governing314 jurisdiction, procedure, defenses, adjudication, appeal, and pa yment and distribution of315 penalties otherwise applicable to violations of subsection (a) of this Code section traffic316 laws within a jurisdiction where recorded images were produced shall apply to enforcement317 under this Code section except as provided in subsection (b) of this Code section; provided,318 however, that any appeal from superior or state court shall be by application in the same319 manner as that provided by Code Section 5-6-35.320 (g) If a violation citation issued pursuant to this Code section has not been contested and321 the assessed penalty has not been paid, the agent or governing body shall send to the person322 who is the registered owner of the motor vehicle a final notice of any unpaid civil monetary323 penalty authorized by this Code section, except in cases where there is an adjudication that324 no violation occurred or there is otherwise a lawful determination that no civil monetary325 penalty shall be imposed. The notice shall inform the registered owner that the agent or326 governing body shall send a referral to the Department of Revenue if the assessed penalty327 H. B. 651 - 13 - 26 HB 651/AP is not paid within 30 days after the final notice was mailed an d of the consequences for328 failure to pay such penalty and any late fee.329 (h) The agent or governing body shall send a the referral authorized by subsection (g) of330 this Code section to the Department of Revenue not sooner than 30 days after the final331 notice required under such subsection (g) of this Code section was mailed if a violation has332 not been contested and the assessed penalty has not been paid, except in cases where there333 is an adjudication that no violation occurred or there is otherwise a lawful determination334 that no civil monetary penalty shall be imposed. The referral to the Department of335 Revenue shall include the following:336 (1) Any information known or available to the agent or governing body concerning the337 license plate number, year of registration, and the name of the o w n e r o f t h e m o t o r338 vehicle;339 (2) The date on which the violation occurred;340 (3) The citation number issued for the violation; and341 (4) The date when the notice required under this Code section was mailed.342 (i) If the Department of Revenue receives a referral under sub section (h) of this Code343 section, such referral shall be entered into the motor vehicle data base database within five344 days of receipt and the Department of Revenue shall refuse to renew the registration of the345 motor vehicle unless and until the civil monetary penalty plus any late fee is paid to the346 agent or governing body.347 (j) The Department of Revenue shall remove the penalty on a vehicle registration if any348 person presents the Department of Revenue with adequate proof f rom the agent or349 governing body that the penalty and any late fee, if applicable, has been paid.350 (k) Recorded images made for purposes of this Code section shall not be a public record351 for purposes of Article 4 of Chapter 18 of Title 50.352 H. B. 651 - 14 - 26 HB 651/AP (l) A civil warning or civil monetary penalty under this Code section on the owner of a353 motor vehicle shall not be imposed if the operator of the motor vehicle was arrested or354 issued a citation and notice to appear by a certified peace officer for the same violation.355 (m) The money collected and remitted to the governing body pursuant to paragraph (1) of356 subsection (b) of this Code section shall only be used by such governing body to fund local357 law enforcement or public safety initiatives. This subsection shall not authorize the use of358 such funds for salaries of law enforcement officers or personnel and shall not preclude the359 appropriation of a greater amount than collected and remitted under this subsection."360 SECTION 9.361 Said article is further amended by adding a new Code section to read as follows:362 "40-14-19.363 (a) Notwithstanding any provision of this chapter to the contr ary, no contract shall be364 entered into or renewed by the governing body of a county or mu nicipality or any law365 enforcement agency thereof for the enforcement of speeding viol ations in a school zone366 through the use of an automated traffic enforcement safety device unless the question of367 such enforcement method is submitted to the qualified voters of the county or municipality368 for approval or rejection in a referendum called for such purpose.369 (b) The ballot in the referendum required by subsection (a) of this Code section shall have370 written or printed thereon the words:371 '( ) YES372 ( ) NO373 Shall (name of county or municipality) be authorized to use aut omated cameras to enforce speeding in school zones for the next six years?' (c) All persons desiring to vote in favor of the question shal l vote 'Yes,' and all persons374 desiring to vote against the question shall vote 'No.' If more than one-half of the votes cast375 are in favor of the question, then the governing body of such j urisdiction shall be376 authorized to enforce speeding violations in a school zone thro ugh the use of automated377 traffic enforcement safety devices; otherwise the use of automa ted traffic enforcement378 H. B. 651 - 15 - 26 HB 651/AP safety devices for the enforcement of speeding in school zones shall be prohibited. It shall379 be the duty of the election superintendent to hold and conduct such elections under the380 same rules and regulations as govern general elections. It sha ll be the superintendent's381 further duty to canvass the returns, declare the result of the election, and certify the result382 to the Secretary of State. The expense of the election shall b e borne by the county or383 municipality holding the election.384 (d) If a majority of those voting in an election provided for by this Code section vote385 against the question submitted, the governing body of the count y or municipality which386 called the question shall not be authorized to resubmit the question to the voters until the387 passage of three years since such rejection.388 (e) Nothing in this Code section shall apply to any contract arising out of the proprietary389 functions of a governing body."390 SECTION 10.391 Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code392 Section 15-9-155, relating to prosecuting attorney's duties and authority in probate courts in393 counties in which there are no state courts, by revising subparagraph (a)(1)(A) as follows:394 "(A) In the prosecution of any violation of the laws or ordinances of such county which395 is within the jurisdiction of such probate court and punishable by confinement or a fine396 or both or by a civil penalty authorized by Code Section 40-6-163 or 40-14-18;"397 SECTION 11.398 Said title is further amended in Code Section 15-18-6, relating to duties of district attorney,399 by revising paragraph (6) as follows:400 "(6) To prosecute civil actions to enforce any civil penalty se t forth in Code401 Section 40-6-163 or 40-14-18 and to prosecute or defend any other civil action in the402 H. B. 651 - 16 - 26 HB 651/AP prosecution or defense of which the state is interested, unless otherwise specially403 provided for;"404 SECTION 12.405 Said title is further amended in Code Section 15-18-66, relatin g to duties and authority of406 solicitors-general of state courts, by revising paragraph (4) of subsection (b) as follows:407 "(4) To prosecute civil actions to enforce any civil penalty se t forth in Code408 Section 40-6-163 or 40-14-18 and when authorized by law to prosecute or defend any409 civil action in the state court in the prosecution or defense of which the state is interested,410 unless otherwise specially provided for;"411 SECTION 13.412 Said title is further amended in Code Section 15-18-96, relating to authority of prosecuting413 attorney of municipal courts, by revising subparagraph (a)(1)(A) as follows:414 "(A) In the prosecution of any violation of the laws or ordinances of such municipality415 which is within the jurisdiction of such municipal court and punishable by confinement416 or a fine or both or by a civil penalty authorized by Code Section 40-6-163 or 40-14-18;417 and"418 SECTION 14.419 (a) Except as provided for in subsection (b) of this section, this Act shall become effective420 on July 1, 2026.421 (b) Sections 2 and 9 of this Act shall become effective on July 1, 2027.422 SECTION 15.423 All laws and parts of laws in conflict with this Act are repealed.424 H. B. 651 - 17 -