HB1287: HB1287 Transportation, Department of; selection of commissioner; revise method

26 LC 39 9008 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 Cod e of Georgia Annotated,1 relating to officers of the Department of Transportation, so as to revise the method for2 selection of the position of commissioner; to provide for related matters; to repeal conflicting3 laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Article 3 of Chapter 2 of Title 32 of the Official Code of Geor gia Annotated, relating to7 officers of the Department of Transportation, is amended by revising Code Section 32-2-40,8 relating to selection of commissioner of transportation, term, vacancy, bond, and other9 elective office, as follows:10 "32-2-40.11 (a) The commissioner of transportation shall be the chief exec utive officer of the12 department.13 (b) The commissioner, his or her successor, and each succeeding commissioner thereafter14 shall be nominated by the Governor and selected by a vote of the majority of the total15 number of members of the board. At the time of said vote, the board shall stipulate the term16 the commissioner shall serve, and said commissioner shall serve during the stipulated term17 H. B. 1287 - 1 - 26 LC 39 9008 and until his or her successor is selected by the board and duly qualified. The board shall18 stipulate one of the following to be the term of the commissioner:19 (1) The commissioner shall serve at the pleasure of the board and Governor; or20 (2) The commissioner shall serve any term specified by the board up to and including a21 maximum of four years; however, the board shall not specify a term of office that extends22 beyond the end of the term of the Governor in office at the time the commissioner's term23 is scheduled to begin.24 (c) If the board stipulates that the commissioner shall serve under the provisions of25 paragraph (2) of this subsection (b) of this Code section, upon a vote of the majority of the26 total members of the board, the commissioner shall be subject to removal by the board for27 just cause after reasonable notice, copy of charge, hearing, and opportunity for presentation28 of evidence. In the event of a vacancy in the office of the co mmissioner by reason of29 resignation, removal, death, or permanent incapacity and inability to perform the duties of30 the office, the deputy commissioner shall become acting commissioner to serve until such31 time as the board at any regular or called meeting selects a ne w commissioner to fill the32 unexpired term of office created by such vacancy.33 (d) The commissioner shall qualify, upon selection, by executing a bond in the amount of34 $100,000.00 with a corporate surety licensed to do business in this state and payable to the35 Governor and his or her successors in office, such bond to be approved by the Governor36 and conditioned on the faithful discharge of his or her duties as commissioner. The37 premium of such bond shall be paid from funds of the department.38 (e) The commissioner shall devote full time and attention to the duties and responsibilities39 of his or her office. No person who serves as commissioner shall be eligible , except as40 hereinafter provided in this subsection, to qualify as a candidate in any primary, special,41 or general election for any state or federal elective office no r to hold any such office,42 except as hereinafter provided in this subsection, during the t ime he or she serves as43 commissioner and for a period of 12 months after the date he or she ceases to serve as44 H. B. 1287 - 2 - 26 LC 39 9008 commissioner. However, nothing contained in this subsection sh all prevent the45 commissioner from being appointed to any other office nor disqu alify him or her from46 running in any election to succeed himself or herself in any office to which he or she was47 appointed nor to hold such office in the event he or she is elected thereto and otherwise48 qualified therefor; provided, however, that the commissioner shall resign as commissioner49 of transportation before accepting any such appointive office."50 SECTION 2.51 All laws and parts of laws in conflict with this Act are repealed.52 H. B. 1287 - 3 -