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HB 648 - State and local governments; cert vehicles; identifying markings

Whitaker, Ben N (7th)	Jackson, William S (112th)	DeLoach, George L (119th)
Smith, Paul E (12th)	Poag, Judy N (6th)

Status Summary	HC:	App	SC:	F&PU	FR:	02/16/99	LA:	04/20/00	Signed by Governor

First Reader Summary

A BILL to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, and Article 1 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to purchase and use of motor vehicles by state departments and entities, so as to require certain motor vehicles owned or leased by certain governmental entities or purchased or leased with public funds to be identified with certain markings, decals, or seals; and for other purposes.

Code Sections - 36-89-1/ 50-19-2/ 50-19-2/ 50-19-7

HB 648                                              HB 648/AP 
 
      H. B. No. 648 (AS PASSED HOUSE AND SENATE) 
      By:  Representatives Whitaker of the 7th, Jackson of the 
      112th, DeLoach of the 119th, Smith of the 12th and Poag of 
      the 6th 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Title 36 of the Official Code of Georgia Annotated, 
  1- 2  relating to local government, and Article 1 of Chapter 19 of 
  1- 3  Title 50 of the Official Code of Georgia Annotated, relating 
  1- 4  to purchase and use of motor vehicles by state departments 
  1- 5  and entities, so as to  require certain motor vehicles owned 
  1- 6  or leased by certain governmental entities or purchased or 
  1- 7  leased with public funds to be identified with certain 
  1- 8  markings, decals, or seals; to provide exceptions; to 
  1- 9  prohibit the operation of certain motor vehicles owned or 
  1-10  leased by certain governmental entities or purchased or 
  1-11  leased with public funds unless such vehicles have certain 
  1-12  identifying markings, decals, or seals affixed to them; to 
  1-13  provide for exceptions; to provide for penalties; to change 
  1-14  the mileage allowance for use of a personal vehicle by state 
  1-15  officers, officials, and employees; to provide an effective 
  1-16  date; to repeal conflicting laws; and for other purposes. 
 
  1-17       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-18                           SECTION 1. 
 
  1-19  Title 36 of the Official Code of Georgia Annotated, relating 
  1-20  to local government, is amended by adding at the end thereof 
  1-21  a new Chapter 89 to read as follows: 
 
 
 
  1-22    36-89-1. 
 
  1-23    Every motor vehicle which is owned or leased by any 
  1-24    county, municipality, regional development center, county 
  1-25    or independent school system, commission, board, or public 
  1-26    authority or which has been purchased or leased by any 
  1-27    public official or public employee with public funds shall 
  1-28    have affixed to the front door on each side of such 
  1-29    vehicle a clearly visible decal or seal containing the 
  1-30    name of or otherwise identifying such governmental entity. 
  1-31    The requirements of this Code section shall not apply to: 
  1-32    (1) any vehicle used for law enforcement or prosecution 
  1-33    purposes; or (2) any vehicle owned or leased by a county 
 
 
                                 -1- 
 
 
 
  2- 1    or municipality expressly excepted from the provisions of 
  2- 2    this Code section by a resolution or ordinance adopted by 
  2- 3    the governing authority of a county or municipality 
  2- 4    following a public hearing on the subject held no more 
  2- 5    than 14 days prior to the adoption of the ordinance or 
  2- 6    resolution." 
 
  2- 7                           SECTION 2. 
 
  2- 8  Article 1 of Chapter 19 of Title 50 of the Official Code of 
  2- 9  Georgia Annotated, relating to purchase and use of motor 
  2-10  vehicles by state departments and entities, is amended by 
  2-11  striking Code Section 50-19-2, relating to the requirement 
  2-12  that the state seal be placed on motor pool vehicles, which 
  2-13  reads as follows: 
 
  2-14    "50-19-2. 
 
  2-15    The state seal, measuring at least ten inches in diameter, 
  2-16    shall be placed on the trunk or some other conspicuous 
  2-17    spot on all state owned vehicles included in the motor 
  2-18    pool established in Code Section 50-19-1 except law 
  2-19    enforcement vehicles used for investigative purposes.", 
 
  2-20  and inserting in its place the following: 
 
  2-21    "50-19-2. 
 
  2-22    (a) It shall be unlawful for any person to operate on any 
  2-23    public road in this state any motor vehicle which is owned 
  2-24    or leased by  the state or any branch, department, agency, 
  2-25    commission, board, or authority of the state or which has 
  2-26    been purchased or leased by any public official or public 
  2-27    employee with state funds, unless there is affixed to the 
  2-28    front door on each side of such vehicle a clearly visible 
  2-29    decal or seal containing the name of or otherwise 
  2-30    identifying the governmental entity owning or leasing such 
  2-31    vehicle or on behalf of which entity funds were expended 
  2-32    to purchase or lease such vehicle.  This Code section 
  2-33    shall not apply to any vehicle used for law enforcement or 
  2-34    prosecution purposes or any vehicle assigned for the 
  2-35    transportation of the Governor, the Lieutenant Governor, 
  2-36    the Speaker of the House of Representatives, the executive 
  2-37    head of any department of state government, the chancellor 
  2-38    of the University System of Georgia,  the Chief Justice of 
  2-39    the Supreme Court of Georgia, or any Constitutional state 
  2-40    official who is elected by the voters of the entire state. 
 
  2-41    (b) Any person violating the provisions of subsection (a) 
  2-42    of this Code section shall be guilty of a misdemeanor." 
 
 
                                 -2- 
 
 
 
  3- 1                           SECTION 3. 
 
  3- 2  Said article is further amended by striking Code Section 
  3- 3  50-19-7, relating to mileage and actual travel expenses for 
  3- 4  state officials and employees, and inserting in its place 
  3- 5  the following: 
 
  3- 6    "50-19-7. 
 
  3- 7    The officers, officials, and employees of the executive, 
  3- 8    legislative, and judicial branches of state government 
  3- 9    shall be paid 25› 28› per mile as traveling expense when 
  3-10    traveling in the service of the state or any agency 
  3-11    thereof by personal motor vehicle and, in addition to 
  3-12    mileage, shall be reimbursed for actual expenses incurred 
  3-13    by reason of tolls and parking fees." 
 
  3-14                           SECTION 4. 
 
  3-15  Section 3 of this Act and this section shall become 
  3-16  effective on July 1, 2000. The remaining sections of this 
  3-17  Act shall become effective on the first day of January 
  3-18  following the approval of this Act by the Governor or its 
  3-19  becoming law without such approval. 
 
  3-20                           SECTION 5. 
 
  3-21  All laws and parts of laws in conflict with this Act are 
  3-22  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -3-