HB879: HB879 Motor vehicles; penalty for violations captured by school bus camera; provisions

25 LC 39 4809 House Bill 879 By: Representatives Parsons of the 44th, Barton of the 5th, McCollum of the 30th, Powell of the 33rd, Scoggins of the 14th, and others A BILL TO BE ENTITLED AN ACT To amend Code Section 40-6-163 of the Official Code of Georgia Annotated, relating to duty1 of driver of vehicle meeting or overtaking school bus, reportin g of violations, and civil2 monetary penalty for violations captured by school bus camera, so as to revise penalties; to3 authorize alteration or suspension of such penalty; to provide for obtaining motor vehicle4 owner information from the Department of Revenue; to provide for a conspicuous statement5 of the right to contest such penalty in court in the mailing sent to a motor vehicle owner; to6 provide for the allocation of money collected; to provide for r elated matters; to repeal7 conflicting laws; and for other purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 Code Section 40-6-163 of the Official Code of Georgia Annotated, relating to duty of driver11 of vehicle meeting or overtaking school bus, reporting of viola tions, and civil monetary12 penalty for violations captured by school bus camera, is amended by revising subsection (a),13 subparagraphs (d)(3)(A) and (d)(3)(B), and paragraph (15) of subsection (d) as follows:14 "(a) Except as provided in subsection (b) of this Code section, the driver of a vehicle15 meeting or overtaking from either direction any school bus stopped on the highway shall16 H. B. 879 - 1 - 25 LC 39 4809 stop before reaching such school bus when there are in operatio n on the school bus the17 visual signals as specified in Code Sections 40-8-111 and 40-8-115, and such driver shall18 not proceed until the school bus resumes motion or the visual s ignals are no longer19 actuated. A violation of this subsection for which a driver has been issued a uniform traffic20 citation shall be punished as for a high and aggravated misdemeanor and upon conviction21 thereof shall be punished by a fine of not less than $500.00 but not more than $1,000.0022 or by confinement for not more than 12 months, or both."23 "(A) The owner of a motor vehicle shall be liable for a civil m onetary penalty to the24 governing body of the law enforcement agency provided for in subparagraph (B) of this25 paragraph if such vehicle is found, as evidenced by recorded im ages, to have been26 operated in disregard or disobedience of subsection (a) of this Code section and such27 disregard or disobedience was not otherwise authorized by law. The amount of such28 civil monetary penalty shall be not less than $500.00 but not m ore than $1,000.00;29 provided, however, that any court determining liability under this subsection shall be30 authorized to amend, modify, alter, suspend, or probate such civil monetary penalty;31 (B) The law enforcement agency authorized to enforce the provi sions of this Code32 section shall send by first class mail addressed to the owner o f the motor vehicle not33 later than ten days after obtaining the name and address of the owner of the motor34 vehicle from the records of the Department of Revenue:35 (i) A citation for the alleged violation, which shall include the date and time of the36 violation, the location of the infraction, the amount of the ci vil monetary penalty37 imposed, and the date by which the civil monetary penalty shall be paid;38 (ii) An image taken from the recorded image showing the vehicl e involved in the39 infraction;40 (iii) A copy of a certificate sworn to or affirmed by a certified peace officer employed41 by a law enforcement agency authorized to enforce this Code section and stating that,42 based upon inspection of recorded images, the owner's motor veh icle was operated43 H. B. 879 - 2 - 25 LC 39 4809 in disregard or disobedience of subsection (a) of this Code sec tion and that such44 disregard or disobedience was not otherwise authorized by law;45 (iv) A statement of the inference provided by subparagraph (D) of this paragraph and46 of the means specified therein by which such inference may be rebutted;47 (v) Information advising the owner of the motor vehicle of the manner and time in48 which liability as alleged in the citation may be contested in court, including the49 following statement in at least 12 point font in a conspicuous location on the front of50 the first page of such mailing: 'YOU HAVE A RIGHT TO CONTEST TH IS51 PENALTY IN COURT'; and52 (vi) A warning that failure to pay the civil monetary penalty or to contest liability in53 a timely manner shall waive any right to contest liability and result in a civil monetary54 penalty;"55 "(15)(A) As used in this paragraph, the term 'school safety purposes' means activities56 incident to the establishment, procurement, or maintenance of safety measures within57 public or private elementary or secondary schools that enhance and ensure the58 protection of students, staff, and visitors to such a school, including, but not limited to,59 access control systems, communication systems, cyber security m easures, perimeter60 security systems, surveillance systems, visitor management syst ems, employment of61 crossing guards, and safety protocol training. Such purposes m ay further include62 mental health support services in collaboration with law enforcement to address safety63 concerns proactively.64 (B) The money collected and remitted to the governing body pursua nt to65 subparagraph (B) of paragraph (3) of this subsection shall only be used by such66 governing body to fund local law enforcement or public safety initiatives be allocated67 by such governing body equally among all schools within the jur isdiction of the68 governing body for school safety purposes . This paragraph shall not preclude the69 appropriation of a greater amount than collected and remitted under this subsection."70 H. B. 879 - 3 - 25 LC 39 4809 SECTION 2.71 All laws and parts of laws in conflict with this Act are repealed.72 H. B. 879 - 4 -