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 duty
of driver of vehicle meeting or overtaking school bus, reporting of violations, and civil
monetary penalty for violations captured by school bus camera, so as to revise penalties; to
authorize alteration or suspension of such penalty; to provide for obtaining motor vehicle
owner information from the Department of Revenue; to provide for a conspicuous statement
of the right to contest such penalty in court in the mailing sent to a motor vehicle owner; to
provide for the allocation of money collected; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 40-6-163 of the Official Code of Georgia Annotated, relating to duty of driver
of vehicle meeting or overtaking school bus, reporting of violations, and civil monetary
penalty for violations captured by school bus camera, is amended by revising subsection (a),
subparagraphs (d)(3)(A) and (d)(3)(B), and paragraph (15) of subsection (d) as follows:
"(a) Except as provided in subsection (b) of this Code section, the driver of a vehicle
meeting or overtaking from either direction any school bus stopped on the highway shall
stop before reaching such school bus when there are in operation on the school bus the
visual signals as specified in Code Sections 40-8-111 and 40-8-115, and such driver shall
not proceed until the school bus resumes motion or the visual signals are no longer
actuated. A violation of this subsection for which a driver has been issued a uniform traffic
citation shall be punished as for a <del>high and aggravated</del> misdemeanor and upon conviction
thereof shall be punished by a fine of not less than <ins>$500.00 but not more than</ins> $1,000.00
or by confinement for not more than 12 months, or both."
"(A) The owner of a motor vehicle shall be liable for a civil monetary penalty to the
governing body of the law enforcement agency provided for in subparagraph (B) of this
paragraph if such vehicle is found, as evidenced by recorded images, to have been
operated in disregard or disobedience of subsection (a) of this Code section and such
disregard or disobedience was not otherwise authorized by law. The amount of such
civil monetary penalty shall be <ins>not less than $500.00 but not more than</ins> $1,000.00;
<ins>provided, however, that any court determining liability under this subsection shall be
authorized to amend, modify, alter, suspend, or probate such civil monetary penalty;
</ins> (B) The law enforcement agency authorized to enforce the provisions of this Code
section shall send by first class mail addressed to the owner of the motor vehicle not
later than ten days after obtaining the name and address of the owner of the motor
vehicle <ins>from the records of the Department of Revenue:
</ins> (i) A citation for the alleged violation, which shall include the date and time of the
violation, the location of the infraction, the amount of the civil monetary penalty
imposed, and the date by which the civil monetary penalty shall be paid;
(ii) An image taken from the recorded image showing the vehicle involved in the
infraction;
(iii) A copy of a certificate sworn to or affirmed by a certified peace officer employed
by a law enforcement agency authorized to enforce this Code section and stating that,
based upon inspection of recorded images, the owner's motor vehicle was operated
in disregard or disobedience of subsection (a) of this Code section and that such
disregard or disobedience was not otherwise authorized by law;
(iv) A statement of the inference provided by subparagraph (D) of this paragraph and
of the means specified therein by which such inference may be rebutted;
(v) Information advising the owner of the motor vehicle of the manner and time in
which liability as alleged in the citation may be contested in court, <ins>including the
following statement in at least 12 point font in a conspicuous location on the front of
the first page of such mailing: 'YOU HAVE A RIGHT TO CONTEST THIS
PENALTY IN COURT';</ins> and
(vi) A warning that failure to pay the civil monetary penalty or to contest liability in
a timely manner shall waive any right to contest liability and result in a civil monetary
penalty;"
"(15)(A) <ins>As used in this paragraph, 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, cyber security 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.
(B)</ins> The money collected and remitted to the governing body pursuant to
subparagraph (B) of paragraph (3) of this subsection shall only be used by such
<del>governing body to fund local law enforcement or public safety initiatives</del> <ins>be allocated
by such governing body equally among all schools within the jurisdiction of the
governing body for school safety purposes.</ins> This paragraph shall not preclude the
appropriation of a greater amount than collected and remitted under this subsection."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.