House Bill 1287
By: Representative McDonald III of the 26th
A BILL TO BE ENTITLED
AN ACT
To amend Article 3 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated,
relating to officers of the Department of Transportation, so as to revise the method for
selection of the position of commissioner; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to
officers of the Department of Transportation, is amended by revising Code Section 32-2-40,
relating to selection of commissioner of transportation, term, vacancy, bond, and other
elective office, as follows:
"32-2-40.
(a) The commissioner of transportation shall be the chief executive officer of the
department.
(b) The commissioner, his <ins>or her</ins> successor, and each succeeding commissioner thereafter
shall be <ins>nominated by the Governor and</ins> selected by a vote of the majority of the total
number of members of the board. At the time of said vote, the board shall stipulate the term
the commissioner shall serve, and said commissioner shall serve during the stipulated term
and until his <ins>or her</ins> successor is selected by the board and duly qualified. The board shall
stipulate one of the following to be the term of the commissioner:
(1) The commissioner shall serve at the pleasure of the board <ins>and Governor;</ins> or
(2) The commissioner shall serve any term specified by the board up to and including a
maximum of four years; however, the board shall not specify a term of office that extends
beyond the end of the term of the Governor in office at the time the commissioner's term
is scheduled to begin.
(c) If the board stipulates that the commissioner shall serve under the provisions of
paragraph (2) of <del>this</del> subsection <ins>(b) of this Code section,</ins> upon a vote of the majority of the
total members of the board, the commissioner shall be subject to removal by the board for
just cause after reasonable notice, copy of charge, hearing, and opportunity for presentation
of evidence. In the event of a vacancy in the office of the commissioner by reason of
resignation, removal, death, or permanent incapacity and inability to perform the duties of
the office, the deputy commissioner shall become acting commissioner to serve until such
time as the board at any regular or called meeting selects a new commissioner to fill the
unexpired term of office created by such vacancy.
(d) The commissioner shall qualify, upon selection, by executing a bond in the amount of
$100,000.00 with a corporate surety licensed to do business in this state and payable to the
Governor and his <ins>or her</ins> successors in office, such bond to be approved by the Governor
and conditioned on the faithful discharge of his or her duties as commissioner. The
premium of such bond shall be paid from funds of the department.
(e) The commissioner shall devote full time and attention to the duties and responsibilities
of his <ins>or her</ins> office. No person who serves as commissioner shall be eligible, except as
hereinafter provided in this subsection, to qualify as a candidate in any primary, special,
or general election for any state or federal elective office nor to hold any such office,
except as hereinafter provided in this subsection, during the time he <ins>or she</ins> serves as
commissioner and for a period of 12 months after the date he <ins>or she</ins> ceases to serve as
commissioner. However, nothing contained in this subsection shall prevent the
commissioner from being appointed to any other office nor disqualify him <ins>or her</ins> from
running in any election to succeed himself <ins>or herself</ins> in any office to which he <ins>or she</ins> was
appointed nor to hold such office in the event he or she is elected thereto and otherwise
qualified therefor; provided, however, that the commissioner shall resign as commissioner
of transportation before accepting any such appointive office."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.