ADOPTED
Representative Powell of the 33rd offers the following amendment:
Amend the Senate substitute to HB 651 (LC 39 4807S) as amended by AM 39 0478 by
replacing lines 12 through 22 with the following:
appeal; to provide for time frames for issuing citations for the violation of speed limit by
ten miles per hour or more in a school zone through the use of automated traffic
enforcement safety devices; to revise application procedure for a permit to operate such
devices; to prohibit the assessment of late fees, surcharges, and taxes relating to civil
monetary penalties; to provide standards for notice sent for imposition of a civil monetary
penalty and penalties for nonpayment; to provide for distribution of moneys collected; to
provide a definition; to amend Title 15 of the Official Code of Georgia Annotated, relating
to courts, so as to authorize district attorneys, solicitors-general, and prosecuting attorneys
to enforce civil monetary penalties relative to the enforcement of laws regarding speeding
in a school zone using recorded images; to provide for an effective date; to provide for
related matters; to repeal conflicting laws; and for other purposes.
By replacing lines 37 through 40 with the following:
the speed limit for the school speed zone. Such signs shall include a sign or device which
provides the operator of a motor vehicle approaching such sign with an accurate depiction
of the speed of such motor vehicle and lights which flash yellow in accordance with any
rule or regulation established by the Department of Transportation when the automated
traffic enforcement safety device is authorized to issue citations pursuant to Code Section
40-14-18. There shall be a rebuttable presumption that
By replacing lines 158 through 170 with the following:
(a)(1) The speed limit within any school zone as provided for in Code Section 40-14-8
and marked pursuant to Code Section 40-14-6 may be enforced as provided for in this
Code section by using photographically recorded images for violations that are in excess
of ten miles per hour over posted the speed limit and which occurred only on a school day
during the time in which instructional classes are taking place and one hour before such
classes are scheduled to begin and for one hour after such classes have concluded when
such violations are in excess of ten miles per hour over the speed limit. For permits for
the operation of an automated traffic enforcement safety device issued on or after July 1,
2025, the governing body of a county or municipality where such automated traffic
enforcement safety device is located shall be authorized to enact an ordinance or
resolution which provides for the time on school days when instructional classes are
taking place that automated traffic enforcement safety devices shall be authorized to be
operated pursuant to this article. When no such ordinance or resolution is enacted,
automated traffic enforcement safety devices shall be authorized to be operated on school
days when instructional classes are taking place one hour prior to and one hour after the
school's official starting time and one hour prior to and one hour after the school's official
dismissal time. Violations enforced pursuant to this paragraph shall be based upon the
ten miles per over the reduced speed limit when a reduction for the speed limit for a
school zone is in effect and ten miles per hour over the posted speed limit for the school
zone when no reduced speed limit is in effect.
By replacing line 178 with the following:
traffic enforcement safety device. Such permit shall be awarded based upon need;
provided, however, that a permit issued for placement upon any highway with more than
two lanes shall require a demonstration of prior history which justifies such need and no
permit shall be issued for placement upon a highway within a school zone with four lanes
that does not have a crosswalk across such lanes. The
By replacing lines 228 through 230 with the following:
(G) A warning that failure to pay the civil monetary penalty or to contest liability in
a timely manner as provided for in subsection (d) of this Code section shall waive any
right to contest liability and include a statement which reads: 'FAILURE TO PAY THIS
FINE OR CONTEST LIABILITY IN COURT SHALL RESULT IN THE INABILITY
TO RENEW YOUR MOTOR VEHICLE REGISTRATION FOR THIS VEHICLE';
By replacing lines 296 through 304 with the following:
(g) If a violation citation issued pursuant to this Code section has not been contested and
the assessed penalty has not been paid, the agent or governing body shall send to the person
who is the registered owner of the motor vehicle a final notice of any unpaid civil monetary
penalty authorized by this Code section, except in cases where there is an adjudication that
no violation occurred or there is otherwise a lawful determination that no civil monetary
penalty shall be imposed. The notice shall inform the registered owner that the agent or
governing body shall send a referral to the Department of Revenue if the assessed penalty
is not paid within 30 days after the final notice was mailed and of the consequences for
failure to pay such penalty and any late fee include a statement which reads: 'FAILURE TO
PAY THIS FINE OR CONTEST LIABILITY IN COURT WITHIN 30 DAYS SHALL
RESULT IN THE INABILITY TO RENEW YOUR MOTOR VEHICLE
REGISTRATION FOR THIS VEHICLE'.
By replacing lines 331 through 336 with the following:
(m)(1) As used in this subsection, the term 'school safety purposes' means activities
incident to the establishment, procurement, or maintenance of safety measures within
public or private elementary or secondary schools that enhance and ensure the protection
of students, staff, and visitors to such a school, including, but not limited to, access
control systems, communication systems, cybersecurity measures, perimeter security
systems, surveillance systems, visitor management systems, employment of crossing
guards, and safety protocol training. Such purposes may further include mental health
support services in collaboration with law enforcement to address safety concerns
proactively.
(2) The money moneys collected and remitted to the governing body pursuant to
paragraph (1) of subsection (b) of this Code section shall only be used by such governing
body to fund local law enforcement or public safety initiatives for school safety purposes
for schools within the jurisdiction of the governing body.
(3) This subsection shall not preclude the appropriation of a greater amount than
collected and remitted under this subsection."
By inserting the following between lines 365 and 366:
This Act shall become effective on January 1, 2026.
SECTION 12.