Bill Text: GA HB137 | 2011-2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Transportation, Department of; change multiple provisions
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2011-07-01 - Effective Date [HB137 Detail]
Download: Georgia-2011-HB137-Introduced.html
Bill Title: Transportation, Department of; change multiple provisions
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2011-07-01 - Effective Date [HB137 Detail]
Download: Georgia-2011-HB137-Introduced.html
11 LC
34 2816
House
Bill 137
By:
Representatives Sheldon of the
105th,
Roberts of the
154th,
and Burns of the
157th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend provisions of the Official Code of Georgia Annotated relating to the
Department of Transportation; to amend Title 32 of the Official Code of Georgia
Annotated, relating to highways, bridges, and ferries, so as to change
definitions; to clarify the term of the planning director and eliminate the
bonding requirement; to remove the requirement of including the ZIP Code
designation on official maps and lists; to clarify procedures for removing
asbestos pipe for utility facilities; to allow counties and cities to send
updated information to the department using geospatial information system files;
to amend Title 33 of the Official Code of Georgia Annotated, relating to
insurance, so as to exempt the department from having to provide accident
reports to attorneys in certain situations; to amend Title 36 of the Official
Code of Georgia Annotated, relating to local government, so as to require cities
to include certain information in annexation reports; to provide that the
department is not required to obtain cemetery redevelopment permits except in
certain instances; to amend Title 40 of the Official Code of Georgia Annotated,
relating to motor vehicles and traffic, so as to provide that designees of the
department may charge for accident reports; to require electronic submission of
certain accident reports by law enforcement agencies; to amend Title 50 of the
Official Code of Georgia Annotated, relating to state government, so as to
provide that government agencies cannot charge other government agencies for
geographic information; to provide for related matters; to provide for an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
32 of the Official Code of Georgia Annotated, relating to highways, bridges, and
ferries, is amended by revising paragraphs (24) and (30) of Code Section 32-1-3,
relating to definitions, as follows:
"(24)
'Public road' means a highway, road, street, avenue, toll road, tollway, drive,
detour, or other way
that either
is open to the public
or has been
acquired as right of way, and
is
intended
or
to
be used for
its
enjoyment by
the public and for the passage of vehicles
in any county or municipality of Georgia, including but not limited to the
following public rights, structures, sidewalks, facilities, and appurtenances
incidental to the construction, maintenance, and enjoyment of such rights of
way:
(A)
Surface, shoulders, and sides;
(B)
Bridges;
(C)
Causeways;
(D)
Viaducts;
(E)
Ferries;
(F)
Overpasses;
(G)
Underpasses;
(H)
Railroad grade crossings;
(I)
Tunnels;
(J)
Signs, signals, markings, or other traffic control devices;
(K)
Buildings for public equipment and personnel used for or engaged in
administration, construction, or maintenance of such ways or research pertaining
thereto;
(L)
Wayside parks;
(M)
Parking facilities;
(N)
Drainage ditches;
(O)
Canals and culverts;
(P)
Rest areas;
(Q)
Truck-weighing stations or check points; and
(R)
Scenic easements and easements of light, air, view, and
access."
"(30)
'Utility' means any publicly, privately, or cooperatively owned line, facility,
or system for producing, transmitting, or distributing communications, power,
electricity, light, heat, gas, oil products, water, steam, clay, waste, storm
water not connected with highway drainage, and other similar services and
commodities, including publicly owned fire and police
and
traffic signals and street lighting
systems, which directly or indirectly serve the public. This term also means a
person, municipal corporation, county, state agency, or public authority which
owns or manages a utility as defined in this paragraph."
SECTION
2.
Said
title is further amended by revising subsection (a) of Code Section 32-2-43,
relating to the appointment and responsibilities of the director of planning, as
follows:
"(a)
There shall be a director of planning appointed by the Governor subject to
approval by a majority vote of both the House Transportation Committee and the
Senate Transportation Committee. The director shall serve during the term of
the Governor by whom he or she is appointed and at the pleasure of the Governor.
Before
assuming the duties of his or her office, the director shall qualify by giving
bond with a corporate surety licensed to do business in this state, such bond to
be in the amount of $500,000.00 and payable to the Governor and his or her
successors in office. The bond shall be subject to the approval of the Governor
and shall be conditioned on the faithful discharge of the duties of the office.
The premium for the bond shall be paid out of the funds of the
department.
If the
Governor's term expires, and the incoming Governor has not made an appointment,
the current director of planning shall serve until a replacement is appointed by
the incoming Governor."
SECTION
3.
Said
title is further amended by revising paragraph (2) of subsection (a) and by
adding a new subsection to Code Section 32-4-2, relating to the official map of
public roads and records pertaining thereto, as follows:
"(2)(A)
The department shall prepare an official list of all portions or features of the
state highway system, including without limitation public roads, bridges, or
interchanges, which have been named by Act or resolution of the General Assembly
or by resolution of the State Transportation Board. The department shall update
the list to reflect any additions or changes as soon as is reasonably possible;
and such list, as periodically revised, shall be open for public inspection.
For each such named portion or feature of the state highway system, the list
shall specify without limitation the official name; the state highway system
route number; the name of each county
and the
number of each five-digit postal ZIP Code
area wherein the named portion or feature
is located; a citation to the Act or resolution of the General Assembly or the
resolution of the State Transportation Board officially naming such portion or
feature; and a brief biographical, historical, or other relevant description of
the person, place, event, or thing commemorated by such naming.
(B)
The department may contract with a state historical society to make such list
available in electronic format free of charge to Internet users, provided that
any web page providing such list pursuant to this subparagraph shall be
searchable without limitation by county name
or
five-digit postal ZIP
Code."
"(g)
For purposes of this chapter, state maps and written records shall only be
maintained on public roads which are open to public
travel."
SECTION
4.
Said
title is further amended by revising Code Section 32-4-4, relating to removal of
asbestos pipe from utility facilities, as follows:
"32-4-4.
(a)
As used in this Code section, the term 'entity' means a county, a municipality,
a consolidated government, or a local authority.
(b)
Whenever existing utility facilities owned and operated by an entity contain
asbestos pipe and such
pipe
facility
exists in the
public
rights of way of any
highway,
road,
bridge, or
other transportation project
or
street authorized pursuant to this title,
and the entity determines that such
pipe
facility
should no longer be utilized, the entity that owns and operates the utility
facility shall
file a request
for abandonment with the department if the facility is located upon the public
rights of way under the authority of the department. Upon request for
abandonment, the entity shall have the
discretion to:
(1)
Remove and dispose of the asbestos pipe in accordance with federal laws and
regulations;
(2)
Leave the asbestos pipe in place and fill it with grout or other similar
substance designed to harden within the pipe; or
(3)
Allow the pipe to remain undisturbed in the ground and take no further
action.
(c)
At the request of the department or entity, any asbestos pipe left in the right
of way as authorized by subsection (b) of this Code section shall be marked so
as to be locatable.
(d)
The entity
shall not relinquish the ownership of said facility as stated in subsection (h)
of Code Section 25-9-7 and Code Section 32-6-174. The facility shall be deemed
abandoned and out of service.
(e)
If the utility facility is part of a highway improvement or project that the
department is undertaking or plans to undertake, or is in conflict with any
other operation or activity of the department on the public rights of way, then
the facility shall be removed in accordance with federal laws and
regulations.
(f)
If the entity decides to follow the options contained in paragraph (2) or (3) in
subsection (b) of this Code section as part of a new utility installation
request and the facility is later determined to qualify under subsection (e) of
this Code section, then the entity shall remove the facility in accordance with
federal laws and regulations.
(d)(g)
Any costs, claims, or other liability associated with the entity's decision
pursuant to subsection (b) of this Code section shall be borne by the entity
and may be
subject to offset by the
department."
SECTION
5.
Said
title is further amended by revising paragraph (4) of Code Section 32-4-41,
relating to the duties of a county with respect to the county road system, as
follows:
"(4)
A county shall keep on file in the office of the county clerk, available for
public inspection, the map of the county road system prepared by the department
as provided for in subsection (a) of Code Section 32-4-2. In addition to
keeping on file a map of the county road system, the county shall notify the
department within three months after a county road is added to the local road or
street system and shall further notify the department within three months after
a local road or street has been abandoned. This notification shall be
accompanied by a
geospatial
information system file,
map,
or plat depicting the location of the new or abandoned road;"
SECTION
6.
Said
title is further amended by revising subsection (b) of Code Section 32-4-91,
relating to the construction and maintenance of municipal street systems, as
follows:
"(b)
A municipality shall notify the department within three months after a municipal
street is added to the municipal street system and shall further notify the
department within three months after a municipal street is abandoned. This
notification shall be accompanied by a
geospatial
information system file,
map,
or plat depicting the location of the new or abandoned
street."
SECTION
7.
Title
33 of the Official Code of Georgia Annotated, relating to insurance, is amended
by revising subsection (c) of Code Section 33-24-53, relating to the prohibition
of compensation for referrals to attorneys, as follows:
"(c)
With respect to a motor vehicle accident, no employee of any law enforcement
agency or the
Department of Transportation shall allow
any person, including an attorney, health care provider, or their agents, to
examine or obtain a copy of any accident report or related investigative report
when the employee knows or should reasonably know that the request for access to
the report is for commercial solicitation purposes. No person shall request any
law enforcement agency
or the
Department of Transportation to permit
examination or to furnish a copy of any such report for commercial solicitation
purposes. For purposes of this subsection, a request to examine or obtain a
copy of a report is for 'commercial solicitation purposes' if made at a time
when there is no relationship between the person or his
or
her principal requesting the report and
any party to the accident, and there is no apparent reason for the person to
request the report other than for purposes of soliciting a business or
commercial relationship. All persons, except law enforcement personnel and
persons named in the report, shall be required to submit a separate written
request to the law enforcement agency
or the
Department of Transportation for each
report. Such written request shall state the requestor's name, address, and the
intended use of the report in sufficient detail that the law enforcement agency
or the
Department of Transportation may ascertain
that the intended use is not for commercial solicitation purposes. The law
enforcement agency
or the
Department of Transportation shall file
each written request with the original report. No person shall knowingly make
any false statement in any such written request."
SECTION
8.
Title
36 of the Official Code of Georgia Annotated, relating to local government, is
amended by revising subsection (a) of Code Section 36-36-3, relating to property
annexed by municipalities, as follows:
"(a)
The clerk, city attorney, or other person designated by the governing authority
of any municipality annexing property shall file a report identifying any
property annexed with the Department of Community Affairs and with the county
governing authority of the county in which the property being annexed is
located. Such reports shall be filed, at a minimum, not more than 30 days
following the last day of the quarter in which the annexation becomes effective
but may be filed more frequently. Each report shall include the
following:
(1)
The legal authority under which the annexation was accomplished, which shall be
the ordinance or resolution number for any annexation effected pursuant to
Article 2, 3, 4, or 6 of this chapter or the Act number if effected by local Act
of the General Assembly;
(2)
The name of the county in which the property being annexed is located; the
enactment date and effective date of the annexation ordinance, resolution, or
local Act of the General Assembly;
and
(3)
A letter from the governing authority of any municipality annexing property
stating their intent to add the annexed area to maps provided by the United
States Bureau of the Census during their next regularly scheduled boundary and
annexation survey of the municipality and stating that the survey and map will
be completed as instructed and returned to the United States Bureau of the
Census.;
and
(4)
A list identifying roadways, bridges, and rights of way annexed and, if
necessary, the total mileage
annexed."
SECTION
9.
Said
title is further amended by adding a new subsection to Code Section 36-72-14,
relating to a permit for development of land on which a cemetery is located, as
follows:
"(c)
The provisions of this chapter notwithstanding, the Department of Transportation
shall not be required to obtain a permit under this chapter unless human remains
are to be relocated."
SECTION
10.
Title
40 of the Official Code of Georgia Annotated, relating to motor vehicles and
traffic, is amended by revising Code Section 40-9-30, relating to fees for
copies of accident reports, as follows:
"40-9-30.
The
Department of
Transportation,
or its third-party designee, shall charge
a fee of $5.00 for each copy of any accident report received and maintained by
that department
or its
designee pursuant to Code Section
40-6-273."
SECTION
11.
Said
title is further amended by revising Code Section 40-9-31, relating to
submission of accident reports, as follows:
"40-9-31.
Each
state and local law enforcement agency shall submit to the Department of
Transportation the original document of any accident report prepared by such law
enforcement agency or submitted to such agency by a member of the public. If
the Department of Driver Services receives a claim requesting determination of
security, the Department of Transportation shall provide a copy or an electronic
copy of any relevant accident reports to the Department of Driver Services.
A
Any
law enforcement agency may transmit the information contained on the accident
report form by electronic means, provided that the Department of Transportation
has first given approval to the reporting agency for the electronic reporting
method utilized.
The law
enforcement agency shall retain a copy of each accident
report.
Law
enforcement agencies that submit more than 500 reports each calendar year, as
determined by the prior calendar year's volume, must transmit the information
contained on the accident report form by electronic means, provided that the
Department of Transportation has first given approval to the reporting agency
for the electronic reporting method
utilized. All such reports shall be
submitted to the Department of
Transportation,
in the format specified by the department,
not more than 15 days following the end of the month in which such report was
prepared or received by such law enforcement agency.
The Department
of Transportation is authorized to engage the services of a third party in
fulfilling its responsibilities under this Code
section."
SECTION
12.
Title
50 of the Official Code of Georgia Annotated, relating to state government, is
amended by revising subsections (a) and (b) of Code Section 50-29-2, relating to
the authority of public agencies to contract for the provision of geographic
information systems, as follows:
"(a)
Notwithstanding subsection (f) of Code Section 50-18-71 or Code Section
50-18-71.2, a county or municipality of the State of Georgia, a regional
commission, or a local authority created by local or general law that has
created or maintains a geographic information system in electronic form may
contract to distribute, sell, provide access to, or otherwise market records or
information maintained in such system and may license or establish fees for
providing such records or information or providing access to such
system, unless
such information is requested by a state, county, or municipal government agency
in which case this information will be provided free of charge and distributed
at the discretion of such government agency if it agrees to the limitations
contained in subsection (c) of this Code
section.
(b)
Any fees or license fees established pursuant to subsection (a) of this Code
section shall be based upon the recovery of the actual development cost of
creating or providing the geographic information system and upon the recovery of
a reasonable portion of the costs associated with building and maintaining the
geographic information
system, unless
such information is requested by a state, county, or municipal government agency
in which case this information will be provided free of charge and distributed
at the discretion of such government agency if it agrees to the limitations
contained in subsection (c) of this Code
section. The fees may include cost to the
county, municipality, regional commission, or local authority of time,
equipment, and personnel in the creation, purchase, development, production, or
update of the geographic information system."
SECTION
13.
This
Act shall become effective on July 1, 2011.
SECTION
14.
All
laws and parts of laws in conflict with this Act are repealed.