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 Code of Georgia Annotated,
relating to speed detection devices, so as to revise provisions relative to the use of automated
traffic enforcement safety devices in school zones; to revise standards for signs warning of
the use of automated traffic enforcement safety devices in school zones; to repeal exceptions
to making a case based upon use of speed detection devices; to provide for investigations
relative to complaints and violations; to provide for penalties for misuse or unauthorized use
of automated traffic enforcement safety devices; to authorize revocation of speed detection
device permits and permits relating to such devices; to include civil monetary penalties
collected for violations of speed limits enforced by automated traffic enforcement safety
devices for consideration of the maximum percent of a law enforcement agency's budget; to
provide for hearing rights upon revocation of permits for operation of automated traffic
enforcement safety devices; to provide for appeal; to provide for the ability of a local
government to decrease time frames for issuing citations for the violation of posted 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 and taxes relating to civil monetary penalties;
to provide standards for notice sent for imposition of a civil monetary penalty; to provide for
distribution of moneys collected; to require approval by local referendum of the use of
automated traffic enforcement safety devices for enforcement of laws relative to speeding
violations in school zones; to provide for procedures, conditions, and limitations for such
referendum; to provide for ballot language; 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 related matters;
to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to
speed detection devices, is amended in Code Section 40-14-5, relating to testing of radar
devices, removal of inaccurate radar devices from service, and maintenance of testing log
and independent calibration tests of automated traffic enforcement devices, by revising
paragraph (1) of subsection (c) as follows:
"(c)(1) <ins>Automated traffic enforcement safety devices shall be exempt from approval and
design requirements for radar or laser devices set or used by the Department of Public
Safety; provided, however, that any</ins> <del>The</del> law enforcement agency, or agent on behalf of
the law enforcement agency, operating an automated traffic enforcement safety device
provided for under Code Section 40-14-18 shall maintain a log for the automated traffic
enforcement safety device attesting to the performance of such device's self-test at least
once every 30 days and the results of such self-test pertaining to the accuracy of the
automated traffic enforcement safety device. Such log shall be admissible in any court
proceeding for a violation issued pursuant to Code Section 40-14-18."
SECTION 2.
Said article is further amended in Code Section 40-14-6, relating to warning signs required
and signage requirements, by revising subsection (c) as follows:
"(c) In addition to the signs required under subsections (a) and (b) of this Code section,
each law enforcement agency using an automated traffic enforcement safety device as
provided for in Code Section 40-14-18 shall erect signs warning of the use of <del>a stationary
speed detection</del> <ins>an automated traffic enforcement safety</ins> device within <del>the</del> <ins>an</ins> approaching
school zone. Such signs shall be at least 24 by 30 inches in area, shall be visible plainly
from every lane of traffic, shall be viewable in all traffic conditions, and shall not be placed
in such a manner that the view of such sign is subject to being obstructed by any other
vehicle on such highway. <ins>Automated traffic enforcement safety device warning</ins> <del>Such</del> signs
shall be placed within 500 feet prior to <del>the</del> <ins>any</ins> warning sign announcing the reduction of
the speed limit for the school <del>speed</del> zone. <ins>Such signs shall include 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.</ins> There shall be a rebuttable presumption that
such signs are properly installed pursuant to this subsection at the time of any alleged
violation under this article."
SECTION 3.
Said article is further amended by revising Code Section 40-14-8, relating to when case may
be made and conviction had, as follows:
"40-14-8.
<del>(a)</del> No county, city, or campus officer shall be allowed to make a case based on the use of
any speed detection device, unless the speed of the <ins>motor</ins> vehicle exceeds the posted speed
limit by more than ten miles per hour and no conviction shall be had thereon unless such
speed is more than ten miles per hour above the posted speed limit.
<del>(b) The limitations contained in subsection (a) of this Code section shall not apply in
properly marked school zones one hour before, during, and one hour after the normal hours
of school operation or programs for care and supervision of students before school, after
school, or during vacation periods as provided for under Code Section 20-2-65, in properly
marked historic districts, and in properly marked residential zones. For purposes of this
chapter, thoroughfares with speed limits of 35 miles per hour or more shall not be
considered residential districts. For purposes of this Code section, the term 'historic
district' means a historic district as defined in paragraph (5) of Code Section 44-10-22 and
which is listed on the Georgia Register of Historic Places or as defined by ordinance
adopted pursuant to a local constitutional amendment."
</del> SECTION 4.
Said article is further amended by revising Code Section 40-14-11, relating to investigations
by commissioner of public safety, issuance of order suspending or revoking permit, and ratio
of speeding fines to agency's budget, as follows:
"40-14-11.
(a) Upon a complaint being made to the commissioner of public safety that any county,
municipality, college, <del>or</del> university, <ins>or agent</ins> is employing speed detection devices for
purposes other than the promotion of the public health, welfare, and safety or in a manner
which violates this chapter or violates its speed detection device permit, the commissioner
or the commissioner's designee is authorized and empowered to conduct an investigation
into the acts and practices of such county, municipality, college, <del>or</del> university, <ins>or agent
</ins> with respect to speed detection devices. If, as a result of <del>this</del> <ins>such</ins> investigation, the
commissioner or the commissioner's designee finds that there is probable cause to suspend
or revoke the speed detection device permit of such county, municipality, college, or
university, he or she shall issue an order to that effect.
(b) Upon the suspension or revocation of any speed detection device permit for the reasons
set forth in this Code section, the commissioner of public safety shall notify the executive
director of the Georgia Peace Officer Standards and Training Council <ins>and the
commissioner of transportation</ins> of the action taken.
(c) Upon receipt from the executive director of the Georgia Peace Officer Standards and
Training Council that <del>an</del> <ins>a peace</ins> officer's certification to operate speed detection devices
has been withdrawn or suspended pursuant to Code Section 35-8-12, the commissioner of
public safety or the commissioner's designee shall suspend the speed detection device
permit for the employing agency. The period of suspension or revocation shall be
consistent with the action taken by the Georgia Peace Officer Standards and Training
Council.
(d) <ins>Upon the conclusion of an investigation pursuant to subsection (a) of this Code section,
any agent, law enforcement agency, or governing body found to have intentionally violated
any provision of this chapter relating to automated traffic enforcement safety devices,
including, but not limited to, the unauthorized issuance of a civil monetary penalty for a
violation of this title other than as provided for in this chapter, shall be assessed a fine
of $2,500.00 for the first violation and $5,000.00 for a second violation by the
commissioner of public safety. The commissioner of public safety shall be further
authorized to suspend a local government's speed detection device permit upon a third or
subsequent finding of a violation of this chapter. The commissioner of public safety shall
notify the Department of Transportation of any such suspension, and the Department of
Transportation shall suspend the automated traffic enforcement safety device permits for
such jurisdiction upon receipt of such notice and for a period not to exceed 12 months.
(e)</ins> There shall be a rebuttable presumption that a law enforcement agency is employing
speed detection devices for purposes other than the promotion of the public health, welfare,
and safety if the fines <ins>or civil monetary penalties</ins> levied based on the use of speed detection
devices for speeding offenses are equal to or greater than 35 percent of a municipal or
county law enforcement agency's budget. For purposes of this Code section, fines collected
for citations issued for violations of Code Section 40-6-180 shall be included when
calculating total speeding fine revenue for the agency; provided, however, that fines for
speeding violations exceeding 20 miles per hour over the established speed limit <del>and civil
monetary penalties for speeding violations issued pursuant to Code Section 40-14-18</del> shall
not be considered when calculating total speeding fine revenue for the agency."
SECTION 5.
Said article is further amended by revising Code Section 40-14-12, relating to administrative
hearing upon permit suspension or revocation, as follows:
"40-14-12.
<ins>(a)</ins> Upon issuance by the commissioner of public safety of an order suspending or
revoking the speed detection device permit of any county, municipality, college, or
university, the county, municipality, college, or university affected shall be afforded a
hearing, to be held within ten days of the effective date of the order. The hearing shall be
held before the commissioner or deputy commissioner of public safety, and, following <del>the
</del> <ins>such</ins> hearing, the county, municipality, college, or university affected shall be served with
a written decision announcing whether the permit shall remain revoked or whether it shall
be reinstated.
<ins>(b) Upon issuance of an order by the commissioner of transportation suspending or
revoking an automated traffic enforcement safety device permit, the affected governing
body shall be afforded a hearing, to be held within ten days of the effective date of the
order. The hearing shall be held before the commissioner of transportation, and, following
such hearing, the affected governing body shall be served with a written decision
announcing whether the permit shall remain revoked or whether it shall be reinstated."
</ins>
SECTION 6.
Said article is further amended by revising Code Section 40-14-13, relating to administrative
and judicial appeal of decision suspending or revoking permit, as follows:
"40-14-13.
<ins>(a)</ins> Any county, municipality, college, or university aggrieved by a decision of the
commissioner or deputy commissioner of public safety suspending or revoking its speed
detection device permit may appeal that decision within 30 days of its effective date to the
Board of Public Safety, which shall schedule a hearing with respect <del>thereto</del> <ins>to such hearing
</ins> before the board. Following a hearing before the board, the county, municipality, college,
or university affected shall be served with a written decision announcing whether the
permit shall remain revoked or whether it shall be reinstated. An adverse decision of the
board may be appealed by the county, municipality, college, or university to the superior
court with appropriate jurisdiction, but the <del>municipality,</del> county, <ins>municipality,</ins> college, or
university shall be denied the use of the speed detection device until after such appeal is
decided by the court.
<ins>(b) Any governing body aggrieved by a decision of the commissioner of transportation
suspending or revoking its automated traffic enforcement safety device permit may appeal
such decision within 30 days of its effective date to the superior court with appropriate
jurisdiction; provided, however, that the governing body shall be denied the use of an
automated traffic enforcement safety device until after such appeal is decided by the court."
</ins> SECTION 7.
Said article is further amended by revising Code Section 40-14-17, relating to laser devices
and reliability and admissibility of evidence, as follows:
"40-14-17.
Evidence of speed based on a speed detection device, <ins>other than an automated traffic
enforcement safety device,</ins> using the speed timing principle of laser which is of a model
that has been approved by the Department of Public Safety shall be considered
scientifically acceptable and reliable as a speed detection device and shall be admissible
for all purposes in any court, judicial, or administrative proceedings in this state. A
certified copy of the Department of Public Safety list of approved models of such laser
devices shall be self-authenticating and shall be admissible for all purposes in any court,
judicial, or administrative proceedings in this state."
SECTION 8.
Said article is further amended by revising Code Section 40-14-18, relating to enforcement
of speed limit in school zones with recorded images, civil monetary penalty, and
consequences for failure to pay penalty, as follows:
"40-14-18.
(a)(1) The speed limit within any school zone <del>as provided for in Code Section 40-14-8
and</del> marked pursuant to Code Section 40-14-6 may be enforced by using <del>photographically
</del> recorded images for violations which occurred only on a school day during the time in
which instructional classes are taking place and <ins>for</ins> one hour before such classes are
scheduled to begin and for one hour after such classes have concluded <del>when such
violations are in excess of ten miles per hour over the speed limit;</del> <ins>provided, however,
that a governing body of a county or municipality shall be authorized to enact an
ordinance or resolution which provides for further limitations upon the hours when
enforcement may take place than as authorized by this paragraph. Violations enforced
pursuant to this paragraph shall be based upon the ten miles per hour 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.
</ins> (2) Prior to the placement of <del>a</del> <ins>an automated traffic enforcement safety</ins> device within a
school zone, <del>each school within whose school zone</del> <ins>the governing body of the county or
</ins>
<ins>municipality whose law enforcement agency is authorized to enforce the speed limit of
a school zone where</ins> such <del>automated traffic enforcement safety</del> device is to be placed <ins>and
which holds a valid permit for the operation of speed detection devices issued by the
Department of Public Safety pursuant to Code Section 40-14-2</ins> shall first apply for and
secure a permit from the Department of Transportation for the use of such automated
traffic enforcement safety device. <ins>The Department of Transportation shall be the sole
agency responsible for the approval and issuance of permits for automated traffic
enforcement safety devices, and no approval of automated traffic enforcement safety
devices by the Department of Public Safety shall be required.</ins> Such permit shall be
awarded based upon need. The Department of Transportation shall promulgate rules and
regulations for the implementation of this paragraph.
(b) For the purpose of enforcement pursuant to this Code section:
(1) The owner of a motor vehicle shall be liable for a civil monetary penalty to the
governing body of the law enforcement agency <del>provided for in paragraph (2) of this
subsection</del> <ins>authorized to enforce the speed limit within the school zone where an
automated traffic enforcement safety device is located</ins> if such <ins>motor</ins> vehicle is found, as
evidenced by <del>photographically</del> recorded images, to have been operated in disregard or
disobedience of the <ins>posted</ins> speed limit within <del>any</del> <ins>a</ins> school zone and such disregard or
disobedience was not otherwise authorized by law. The amount of such civil monetary
penalty shall be $75.00 for a first violation and $125.00 for a second or any subsequent
violation, in addition to fees associated with the electronic processing of such civil
monetary penalty which shall not exceed <del>$25.00</del> <ins>$10.00;</ins> provided, however, that, for a
period of 30 days after the first automated traffic enforcement safety device is introduced
<del>by a law enforcement agency</del> within a school zone, the <del>driver</del> <ins>owner</ins> of a motor vehicle
shall not be liable for a civil monetary penalty but shall be issued a civil warning for
disregard or disobedience of the <ins>posted</ins> speed limit within the school zone;
(2) A law enforcement agency authorized to enforce the speed limit of a school zone, or
an agent <del>working on behalf of a law enforcement agency or governing body,</del> shall send
by <del>first class</del> <ins>first-class</ins> mail <ins>in an envelope which prominently displays the name and seal
or logo of the governing body and</ins> addressed to the owner of the motor vehicle within 30
days after obtaining the name and address of the owner of the motor vehicle <ins>from the
Department of Revenue or other official state agency which registers motor vehicles for
a motor vehicle registered in another state</ins> but no later than 60 days after the date of the
alleged violation:
(A) A citation for the alleged violation, which shall include the date and time of the
violation, the location of the infraction, the maximum speed at which such motor
vehicle was traveling <del>in photographically</del> <ins>as evidenced by</ins> recorded images, the
maximum speed applicable within such school zone, the civil warning or the amount
of the civil monetary penalty imposed, and the date by which a civil monetary penalty
shall be paid;
(B) An image taken from the <del>photographically</del> recorded images showing the <ins>motor
</ins> vehicle involved in the infraction;
(C) A website address where <del>photographically</del> recorded images showing the <ins>motor
</ins> vehicle involved in the infraction and a duplicate of the information provided for in this
paragraph may be viewed;
(D) A copy of a certificate sworn to or affirmed by a certified peace officer employed
by a law enforcement agency authorized to enforce the speed limit of the school zone
and stating that, based upon inspection of <del>photographically</del> recorded images, the
owner's motor vehicle was operated in disregard or disobedience of the speed limit in
the marked school zone and that such disregard or disobedience was not otherwise
authorized by law;
(E) A statement of the inference provided by paragraph (4) of this subsection and of
the means specified therein by which such inference may be rebutted;
(F) Information advising the owner of the motor vehicle of the manner in which
liability as alleged in the citation may be contested <del>through an administrative hearing
</del> <ins>which shall include a statement which reads: 'YOU HAVE A RIGHT TO CONTEST
LIABILITY IN COURT';</ins> and
(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;
(3) Proof that a motor vehicle was operated in disregard or disobedience of the speed
limit of the marked school zone <del>shall be</del> <ins>as</ins> evidenced by <del>photographically</del> recorded
images. <del>A</del> <ins>accompanied by a</ins> copy of a certificate sworn to or affirmed by a certified
peace officer employed by a law enforcement agency <del>and</del> stating that, based upon
inspection of <del>photographically</del> recorded images, a motor vehicle was operated in
disregard or disobedience of the speed limit in the marked school zone and that such
disregard or disobedience was not otherwise authorized by law shall be prima-facie
evidence of the facts contained therein; and
(4) Liability under this Code section shall be determined based upon a preponderance of
the evidence. Prima-facie evidence that the <ins>motor</ins> vehicle described in the citation issued
pursuant to this Code section was operated in violation of the speed limit of the school
zone, together with proof that the defendant was, at the time of such violation, the
registered owner of the <ins>motor</ins> vehicle, shall permit the trier of fact in its discretion to
infer that such owner of the <ins>motor</ins> vehicle was the <del>driver</del> <ins>operator</ins> of the <ins>motor</ins> vehicle
at the time of the alleged violation. Such an inference may be rebutted if the owner of
the <ins>motor</ins> vehicle:
(A) Testifies under oath in open court or submits to the court a sworn notarized
statement that he or she was not the operator of the <ins>motor</ins> vehicle at the time of the
alleged violation; <ins>or
</ins>
(B) Presents to the court a certified copy of a police report showing that the <ins>motor
</ins> vehicle had been reported to the police as stolen prior to the time of the alleged
violation.
(c) A violation for which a civil warning or a civil monetary penalty is imposed pursuant
to this Code section shall not be considered a moving traffic violation for the purpose of
points assessment under Code Section 40-5-57. Such violation shall be deemed
noncriminal, and imposition of a civil warning or civil monetary penalty pursuant to this
Code section shall not be deemed a conviction and shall not be made a part of the operating
record of the person upon whom such liability is imposed, nor shall it be used for any
insurance purposes in the provision of motor vehicle insurance coverage. <ins>A civil monetary
penalty imposed pursuant to this Code section shall not be taxed nor shall any additional
penalty, fee, or surcharge to such penalty be assessed other than as authorized by this Code
section.
</ins> (d) If a person issued and mailed a citation pursuant to subsection (b) of this Code section
fails to pay the civil monetary penalty for the violation or has not filed a police report or
notarized statement pursuant to paragraph (4) of subsection (b) of this Code section in no
less than 30 nor more than 60 days after such mailing as determined and noticed by the law
enforcement agency, the agent or law enforcement agency shall send to such person by <del>first
class</del> <ins>first-class</ins> mail a second notice of any unpaid civil monetary penalty, 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. <ins>No late fee shall be
imposed for any unpaid civil monetary penalty imposed under this Code section.</ins> The
second notice shall include all information required in paragraph (2) of subsection (b) of
this Code section and shall include a new date <del>of return</del> <ins>by which the civil monetary
penalty shall be paid</ins> which shall be no less than 30 days after such mailing as determined
and noticed by the law enforcement agency. If such person notified by second notice again
fails to pay the civil monetary penalty or file a police report or notarized statement pursuant
to paragraph (4) of subsection (b) of this Code section by the new date <del>of return</del> <ins>included
in the notice,</ins> such person shall have waived the right to contest the violation and shall be
liable for the civil monetary penalty provided for under 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.
(e) Notices mailed by <del>first class</del> <ins>first-class</ins> mail pursuant to this Code section shall be
adequate notification of the <del>fees and</del> penalties imposed by this Code section. No other
notice shall be required for the purposes of this Code section.
(f) Any court having jurisdiction over violations of <del>subsection (a) of this Code section
</del> <ins>traffic laws within a jurisdiction where recorded images were produced</ins> shall have
jurisdiction over cases arising under this <del>subsection</del> <ins>Code section</ins> and shall be authorized
to impose the civil monetary penalty provided by this <del>subsection</del> <ins>Code section.</ins> Except as
otherwise provided in this <del>subsection</del> <ins>Code section,</ins> the provisions of law governing
jurisdiction, procedure, defenses, adjudication, appeal, and payment and distribution of
penalties otherwise applicable to violations of <del>subsection (a) of this Code section</del> <ins>traffic
laws within a jurisdiction where recorded images were produced</ins> shall apply to enforcement
under this Code section <del>except as provided in subsection (b) of this Code section;</del> provided,
however, that any appeal from superior or state court shall be by application in the same
manner as that provided by Code Section 5-6-35.
(g) If a <del>violation</del> <ins>citation issued pursuant to this Code section</ins> 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 <del>and any late fee.
</del> (h) The agent or governing body shall send <del>a</del> <ins>the</ins> referral <ins>authorized by subsection (g) of
this Code section</ins> to the Department of Revenue not sooner than 30 days after the final
notice required under <ins>such</ins> subsection <del>(g) of this Code section</del> was mailed if a violation has
not been contested and the assessed penalty has not been paid, 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 referral to the Department of
Revenue shall include the following:
(1) Any information known or available to the agent or governing body concerning the
license plate number, year of registration, and the name of the owner of the motor
vehicle;
(2) The date on which the violation occurred;
(3) The citation number issued for the violation; and
(4) The date when the notice required under this Code section was mailed.
(i) If the Department of Revenue receives a referral under subsection (h) of this Code
section, such referral shall be entered into the motor vehicle <del>data base</del> <ins>database</ins> within five
days of receipt and the Department of Revenue shall refuse to renew the registration of the
motor vehicle unless and until the civil monetary penalty <del>plus any late fee</del> is paid to the
agent or governing body.
(j) The Department of Revenue shall remove the penalty on a vehicle registration if any
person presents the Department of Revenue with adequate proof from the agent or
governing body that the penalty <del>and any late fee, if applicable,</del> has been paid.
(k) Recorded images made for purposes of this Code section shall not be a public record
for purposes of Article 4 of Chapter 18 of Title 50.
(l) A civil warning or civil monetary penalty under this Code section on the owner of a
motor vehicle shall not be imposed if the operator of the <ins>motor</ins> vehicle was arrested or
issued a citation and notice to appear by a certified peace officer for the same violation.
(m) The money 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. This subsection shall not <ins>authorize the use of
such funds for salaries of law enforcement officers or personnel and shall not</ins> preclude the
appropriation of a greater amount than collected and remitted under this subsection."
SECTION 9.
Said article is further amended by adding a new Code section to read as follows:
<ins>"40-14-19.
(a) Notwithstanding any provision of this chapter to the contrary, no contract shall be
entered into or renewed by the governing body of a county or municipality or any law
enforcement agency thereof for the enforcement of speeding violations in a school zone
through the use of an automated traffic enforcement safety device unless the question of
such enforcement method is submitted to the qualified voters of the county or municipality
for approval or rejection in a referendum called for such purpose.
(b) The ballot in the referendum required by subsection (a) of this Code section shall have
written or printed thereon the words:
'( ) YES Shall (name of county or municipality) be authorized to use automated
( ) NO cameras to enforce speeding in school zones for the next six years?'
(c) All persons desiring to vote in favor of the question shall vote 'Yes,' and all persons
desiring to vote against the question shall vote 'No.' If more than one-half of the votes cast
are in favor of the question, then the governing body of such jurisdiction shall be
authorized to enforce speeding violations in a school zone through the use of automated
traffic enforcement safety devices; otherwise the use of automated traffic enforcement
</ins>
<ins>safety devices for the enforcement of speeding in school zones shall be prohibited. It shall
be the duty of the election superintendent to hold and conduct such elections under the
same rules and regulations as govern general elections. It shall be the superintendent's
further duty to canvass the returns, declare the result of the election, and certify the result
to the Secretary of State. The expense of the election shall be borne by the county or
municipality holding the election.
(d) If a majority of those voting in an election provided for by this Code section vote
against the question submitted, the governing body of the county or municipality which
called the question shall not be authorized to resubmit the question to the voters until the
passage of three years since such rejection.
(e) Nothing in this Code section shall apply to any contract arising out of the proprietary
functions of a governing body."
</ins> SECTION 10.
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code
Section 15-9-155, relating to prosecuting attorney's duties and authority in probate courts in
counties in which there are no state courts, by revising subparagraph (a)(1)(A) as follows:
"(A) In the prosecution of any violation of the laws or ordinances of such county which
is within the jurisdiction of such probate court and punishable by confinement or a fine
or both or by a civil penalty authorized by Code Section 40-6-163 <ins>or 40-14-18;"
</ins> SECTION 11.
Said title is further amended in Code Section 15-18-6, relating to duties of district attorney,
by revising paragraph (6) as follows:
"(6) To prosecute civil actions to enforce any civil penalty set forth in Code
Section 40-6-163 <ins>or 40-14-18</ins> and to prosecute or defend any other civil action in the
prosecution or defense of which the state is interested, unless otherwise specially
provided for;"
SECTION 12.
Said title is further amended in Code Section 15-18-66, relating to duties and authority of
solicitors-general of state courts, by revising paragraph (4) of subsection (b) as follows:
"(4) To prosecute civil actions to enforce any civil penalty set forth in Code
Section 40-6-163 <ins>or 40-14-18</ins> and when authorized by law to prosecute or defend any
civil action in the state court in the prosecution or defense of which the state is interested,
unless otherwise specially provided for;"
SECTION 13.
Said title is further amended in Code Section 15-18-96, relating to authority of prosecuting
attorney of municipal courts, by revising subparagraph (a)(1)(A) as follows:
"(A) In the prosecution of any violation of the laws or ordinances of such municipality
which is within the jurisdiction of such municipal court and punishable by confinement
or a fine or both or by a civil penalty authorized by Code Section 40-6-163 <ins>or 40-14-18;
</ins> and"
SECTION 14.
(a) Except as provided for in subsection (b) of this section, this Act shall become effective
on July 1, 2026.
(b) Sections 2 and 9 of this Act shall become effective on July 1, 2027.
SECTION 15.
All laws and parts of laws in conflict with this Act are repealed.