Georgia CommonsHB 1287: Transportation, Department of; selection of commissioner; revise method
Versión Introduced, la más reciente que tiene LegiScan · Última acción: 17 de febrero de 2026 · Introduced
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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 or her successor, and each succeeding commissioner thereafter shall be nominated by the Governor and 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 or her 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 and Governor; 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 this subsection (b) of this Code section, 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 or her 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 or her 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 or she serves as commissioner and for a period of 12 months after the date he or she 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 or her from running in any election to succeed himself or herself in any office to which he or she 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.